[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Proposed Rules]
[Pages 55127-55128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27212]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 961008282-6282-01; I.D. 092796A]
RIN 0648-AI97
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Red Hind
Spawning Aggregations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to implement a regulatory
amendment prepared by the Caribbean Fishery Management Council
(Council) in accordance with framework procedures for adjusting
management measures of the Fishery Management Plan for the Reef Fish
Fishery of Puerto Rico and the U.S. Virgin Islands (FMP). In the
Caribbean exclusive economic zone (EEZ) off western Puerto Rico, the
regulatory amendment would adjust the boundary of the existing red hind
spawning aggregation seasonal/area closure and add two additional red
hind spawning aggregation seasonal/area closures. The intended effect
is to protect red hind spawning aggregations by prohibiting fishing in
these areas during the spawning season.
DATES: Written comments must be received on or before November 8, 1996.
ADDRESSES: Comments on the proposed rule must be sent to Georgia
Cranmore, Southeast Region, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702.
Requests for copies of the regulatory amendment, which includes an
environmental assessment and a regulatory impact review, should be sent
to the Caribbean Fishery Management Council, 268 Ave. Munoz Rivera,
Suite 1108, San Juan, PR 00918-2577.
FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.
SUPPLEMENTARY INFORMATION: The reef fish fishery of Puerto Rico and the
U.S. Virgin Islands is managed under the FMP. The FMP was prepared by
the Council and is implemented by regulations at 50 CFR part 622 under
the authority of the Magnuson Fishery Conservation and Management Act.
Background
Red hind, like most groupers, are long-lived, slow-growing, and
aggregate for spawning. Hook and line and fish traps are the most
commonly used gear in the commercial fishery; little data exist on the
recreational fishery.
Commercial landings of red hind off western Puerto Rico have
declined substantially since 1991. Almost 30,000 lb (13,608 kg) of red
hind were reported landed in western Puerto Rico in 1991; landings in
1994 totaled about 11,000 lb (4,990 kg). Both the number and size of
fish caught have declined in commercial landings. Fishing effort for
red hind is highest during the spawning season, December 1 through
February 28. The Council believes that protection of spawning
aggregations is a practical way to reduce fishing mortality and also
increase the likelihood of spawning success.
Amendment 2 (1993) to the FMP established a red hind spawning
aggregation seasonal/area closure in the EEZ off western Puerto Rico,
around Buoy 8 at Tourmaline Bank. In 1996, commercial fishermen
testified that this area is larger and further to the west than needed
to encompass the spawning aggregation around Tourmaline Bank.
Additionally, Puerto Rico's Department of Natural and Environmental
Resources, working in cooperation with commercial fishermen, has
identified two additional red hind spawning aggregations off western
Puerto Rico that need protection.
Management Measures
In the EEZ off western Puerto Rico, the Council is proposing to:
(1) Adjust the boundary of the existing red hind spawning aggregation
seasonal/area closure around Buoy 8 at Tourmaline Bank by moving the
closed area further to the east and reducing the size of the area from
approximately 15 square nautical miles (nm2) to approximately 9
nm2; and (2) add two additional red hind spawning aggregation
seasonal/area closures of 9 nm2 each--one around Buoy 6 at Abrir
La Sierra Bank and the other around a buoy to be deployed in the area
known as ``Bajo de Cico.''
Red hind can be taken as bycatch in fish or crustacean traps or by
other non-selective gear used in directed fisheries off western Puerto
Rico. Thus, all commercial and recreational fishing for all species
needs to be prohibited in the red hind spawning aggregation areas from
December 1 through February 28, each year, to protect the spawning
aggregations and to facilitate effective enforcement of the closed
areas.
Commercial fishermen support these measures to protect the red hind
spawning aggregations. They can shift effort to other species, such as
snappers, outside the closed areas. Also, the adjustment of the
boundary of the existing closure to exclude sandy bottom areas,
previously closed to fishing, will allow trap fishermen to use these
areas to store traps during bad weather. Although testimony by
commercial fishermen indicates that recreational fishermen fish these
spawning aggregations, no data exist on the potential impact on
recreational fishermen of the proposed closed areas.
This proposed rule will close only those portions of the spawning
aggregations off Puerto Rico that are in the EEZ. Complementary
regulations by the Commonwealth of Puerto Rico are required to protect
remaining portions within Puerto Rico's waters.
Action on the Recommended Changes
The Council's recommended changes are within the scope of the
management measures that may be adjusted by the framework procedure
specified in the FMP. The Administrator, Southeast Region, NMFS,
initially concurs that the Council's recommended measures are
consistent with the objectives of the FMP, the national standards, and
other applicable law. Accordingly, the
[[Page 55128]]
Council's recommended changes are published for comment. Final
determinations will be made following review of all information and
comments on the proposed rule.
Additional Change Proposed by NMFS
As a technical change to the regulations, NMFS proposes to alter
minimally the boundary of the mutton snapper spawning aggregation area
off the southwest coast of St. Croix. Fishing is prohibited in that
area from March 1 through June 30, each year. The vast majority of the
area is in state waters--Federal regulations apply only in the EEZ
part. This change would (1) better conform the outer boundary of the
area with the 100-fathom depth contour, as was intended in the FMP, as
amended, (2) slightly reduce the EEZ part of the area, and (3) make the
area compatible with that established in the U.S. Virgin Islands
regulations.
Classification
This proposed rule has been determined to be not significant under
E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities as follows:
In the EEZ off western Puerto Rico, the proposed rule would
adjust the boundaries of the existing red hind spawning aggregation
seasonal/area closure and add two additional red hind spawning
aggregation seasonal/area closures. The intended effect is to
protect red hind spawning aggregations by prohibiting all fishing in
these areas during the spawning season.
The commercial red hind fishery is composed entirely of small
businesses that could be affected by the management measures
contained in the proposed rule. Based on a 1988 survey, there are
approximately 882 commercial fishing vessels operating off Puerto
Rico. An estimated 161 (or about 18 percent) have homeports near the
proposed closed areas; many of these vessels have access to other
fishing grounds and do not fish for red hind. Therefore, the
proposed regulatory amendment is not expected to affect a
substantial number of small entities. Those businesses that will be
affected by the proposed rule are involved in the harvest of a wide
variety of species, in addition to red hind; red hind catches
account for only 1.3 percent of the annual fishery value in Puerto
Rico. Furthermore, red hind catches will be affected in only some of
the spawning areas for 3 months per year, and the effect on annual
gross revenues will be considerably less than 5 percent. Hence,
there is not expected to be a significant economic impact on a
substantial number of small entities and a regulatory flexibility
analysis was not prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 18, 1996.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.33, paragraph (a), paragraph (b) introductory text,
and paragraph (b)(3) are revised to read as follows:
Sec. 622.33 Caribbean EEZ seasonal and/or area closures.
(a) Mutton snapper spawning aggregation area. From March 1 through
June 30, each year, fishing is prohibited in that part of the following
area that is in the EEZ. The area is bounded by rhumb lines connecting,
in order, the points listed.
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Point North lat. West long.
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A................................ 17 deg.37.8' 64 deg.53.0'
B................................ 17 deg.39.0' 64 deg.53.0'
C................................ 17 deg.39.0' 64 deg.50.5'
D................................ 17 deg.38.1' 64 deg.50.5'
E................................ 17 deg.37.8' 64 deg.52.5'
A................................ 17 deg.37.8' 64 deg.53.0'
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(b) Red hind spawning aggregation areas. From December 1 through
February 28, each year, fishing is prohibited in those parts of the
following areas that are in the EEZ. Each area is bounded by rhumb
lines connecting, in order, the points listed.
* * * * *
(3) West of Puerto Rico.
(i) Bajo de Cico
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Point North lat. West long.
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A................................ 18 deg.15.7' 67 deg.26.4'
B................................ 18 deg.15.7' 67 deg.23.2'
C................................ 18 deg.12.7' 67 deg.23.4'
D................................ 18 deg.12.7' 67 deg.26.4'
A................................ 18 deg.15.7' 67 deg.26.4'
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(ii) Tourmaline Bank
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Point North lat. West long.
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A................................ 18 deg.11.2' 67 deg.22.4'
B................................ 18 deg.11.2' 67 deg.19.2'
C................................ 18 deg.08.2' 67 deg.19.2'
D................................ 18 deg.08.2' 67 deg.22.4'
A................................ 18 deg.11.2' 67 deg.22.4'
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(iii) Abrir La Sierra Bank
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Point North lat. West long.
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A................................ 18 deg.06.5' 67 deg.26.9'
B................................ 18 deg.06.5' 67 deg.23.9'
C................................ 18 deg.03.5' 67 deg.23.9'
D................................ 18 deg.03.5' 67 deg.26.9'
A................................ 18 deg.06.5' 67 deg.26.9'
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[FR Doc. 96-27212 Filed 10-23-96; 8:45 am]
BILLING CODE 3510-22-P
