[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Rules and Regulations]
[Pages 71793-71794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34450]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 980804203-8306-02; I.D. 061298A]
RIN 0648-AL00
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Special Management Zones
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmosphere Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: In accordance with the framework procedure of the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP), NMFS establishes 10 special management zones (SMZs) at
the sites of artificial reefs (ARs) in the exclusive economic zone
(EEZ) off South Carolina in which fishing will be restricted to
handline, rod and reel, and spearfishing gear (excluding powerheads)
and prohibits the use of powerheads in the Ft. Pierce Offshore Reef
(Offshore Reef) SMZ. The intended effect is to promote orderly use of
the fishery resources on and around the ARs, to reduce potential user-
group conflicts, and to maintain the socioeconomic benefits of the ARs
to the maximum extent practicable.
DATES: This rule is effective January 29, 1999.
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 727-570-5305.
SUPPLEMENTARY INFORMATION: The fisheries for snapper-grouper species in
the EEZ off the southern Atlantic states are regulated under the FMP.
The FMP was prepared by the South Atlantic Fishery Management Council
(Council) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act by regulations at 50
CFR part 622.
In accordance with the framework procedures of the FMP, the Council
recommended, and NMFS published, a proposed rule (63 FR 43656, August
14, 1998) to establish 10 SMZs in the EEZ off South Carolina in which
fishing would be restricted to handline, rod and reel, and spearfishing
gear (excluding powerheads) and to prohibit the use of powerheads in
the Offshore Reef SMZ. The preamble to the proposed rule described the
FMP's framework procedure through which the Council recommended the
establishment of the SMZs and the prohibition of powerheading in the
Offshore Reef SMZ and explained the need and rationale for them. Those
descriptions are not repeated here.
Comments and Responses
Eight comments were received during the public comment period. A
summary of the comments and NMFS' responses follow.
Comment 1: Two commenters supported the establishment of the 10
SMZs in the EEZ off South Carolina and the prohibition on the use of
powerheads in the Ft. Pierce Offshore Reef SMZ.
Response: NMFS agrees.
Comment 2: A commenter noted that the reference to the Port Royal
45 Foot Reef should be changed to the Beaufort 45 Foot Reef and
provided revised latitudes on the northern and southern boundaries for
the Edisto 60 Foot Reef.
Response: NMFS concurs with the comments, and the final rule has
been revised accordingly.
Comment 3: A commenter stated that SMZs are just another way to
take from commercial fishermen and give to recreational anglers.
Response: The 10 SMZs in the EEZ off South Carolina are at the
sites of ARs constructed by the South Carolina Department of Natural
Resources and are on an expansive shelf area that has large areas
devoid of any hard or live bottom. Prior to establishment of these ARs,
these areas did not support any significant fisheries. Since commercial
fishermen use powerheads, the prohibition on use of powerheads in
certain SMZs would have more of an impact upon the commercial sector.
Nonetheless, commercial fishermen can still fish in the SMZs provided
they use allowable gear. In this context, as long as they use the same
gear, all fishermen (commercial and recreational) have an equal
opportunity to catch fish in the SMZs.
Comment 4: Three commenters opposed the ban on the use of
powerheads in the Offshore Reef SMZ. They stated that powerheads were
efficient, safe and would result in fewer fish being wounded and
escaping only to die later. Also, they stated that commercial fishing
had occurred on the Offshore Reef for many years and that the ban on
powerheading would result in severe economic hardship. They contended
that the ARs concentrated fish from surrounding areas; hence, there
were fewer fish available in surrounding areas for commercial
fishermen.
Response: NMFS agrees that powerheads are efficient and safe and
may result in fewer wounded fish escaping and dying later. NMFS has no
evidence to indicate that commercial fishing has occurred for many
years on the Offshore Reef. Scientifically, it is unknown whether ARs
concentrate fish from surrounding areas because the relative fishing
pressure on the ARs versus surrounding areas is unknown. Thus, NMFS
does not deny that the ban on powerheading in the Offshore Reef SMZ may
somewhat adversely affect commercial divers by making their operations
less efficient. Nonetheless, commercial fishermen may still fish in the
Offshore Reef SMZ provided they use allowable gear, which includes
traditional spearfishing gear. The regulations will result in a
reduction in user-group conflict and promote orderly use of the
resource. The intent of the SMZ program is to increase the number of
ARs to create new fishing opportunities that would not otherwise exist.
To the extent that one user group takes a disproportionate share of the
resource, the incentive to build new ARs is diminished. Also, to the
extent that ARs increase biological production, the resource base for
exploitation will be increased. Given the potential costs
[[Page 71794]]
and benefits of banning the use of powerheads in the Offshore Reef SMZ
it appears that the benefits outweigh the costs although data do not
exist to quantify the result of this action.
Comment 5: A commenter noted that the proposed regulations would
adversely affect commercial fishermen and expropriate a valuable marine
resource for the exclusive use of recreational anglers. He estimated
that commercial divers would lose $159,000 in revenue; his seafood
company would lose over $200,000 in gross sales; and restaurants could
lose over $1,000,000 dollars in sales if the ban on use of powerheads
in the Offshore Reef was implemented.
Response: The ban on powerheading will not eliminate commercial
fishing in the Offshore Reef SMZ, although it may reduce the efficiency
of such fishing. Commercial landings can continue because commercial
fishing is allowed with allowable gear (spearfishing and hook-and-
line). The estimated economic losses attributed to the ban of
powerheading in the Offshore Reef SMZ appear to represent landings from
a much greater area than that encompassed by the Offshore Reef SMZ
(several square miles). Fish may migrate from the Offshore Reef SMZ to
surrounding areas where the use of powerheads is legal. The reduction
in fishing mortality attributed to the ban on powerheads will leave
more fish for allowable gear users (including both commercial and
recreational fishermen). It is anticipated that the overall reduction
in fishing mortality in the Offshore Reef SMZ and the surrounding area
due the powerhead prohibition for the Offshore Reef SMZ will be barely
measurable.
Comment 6: Two commenters stated that adequate public notice had
not been provided for the proposed management measures.
Response: The Council's Snapper Grouper Assessment Group and Law
Enforcement Committee met in February 1998, reviewed the proposed
management measures, and forwarded comments to the Council for
discussion at the March 1998 meeting. The Council held a public hearing
on March 5, 1998, to obtain public comment prior to taking action. This
hearing was announced in the Federal Register on February 17, 1998 (63
FR 7762). An article about the action was published in the April 1998
issue of the South Atlantic Update. In addition, the proposed rule for
this action was published in the Federal Register on August 14, 1998
(63 FR 43656), and provided 30 days for public comment. Thus, NMFS
disagrees with the claim that the public did not have adequate
opportunity to comment on the proposed measures.
Classification
This final rule has been determined to be not significant for
purposes of 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 rule would not have a
significant economic impact on a substantial number of small entities.
No comments were received regarding this certification. As a result, 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: December 22, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is 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. 622.35, paragraphs (e)(1)(xxx) through (e)(1)(xxxix) are
added and paragraph (e)(2)(i) and the first sentence of paragraph
(e)(2)(iv) are revised to read as follows:
Sec. 622.35 South Atlantic EEZ seasonal and/or area closures.
* * * * *
(e) * * *
(1) * * *
(xxx) Murrel's Inlet 60 Foot Reef is bounded on the north by
33 deg.17.50' N. lat.; on the south by 33 deg.16.50' N. lat.; on the
east by 78 deg.44.67' W. long.; and on the west by 78 deg.45.98' W.
long.
(xxxi) Georgetown 95 Foot Reef is bounded on the north by
33 deg.11.75' N. lat.; on the south by 33 deg.10.75' N. lat.; on the
east by 78 deg.24.10' W. long.; and on the west by 78 deg.25.63' W.
long.
(xxxii) New Georgetown 60 Foot Reef is bounded on the north by
33 deg.09.25' N. lat.; on the south by 33 deg.07.75' N. lat.; on the
east by 78 deg.49.95' W. long.; and on the west by 78 deg.51.45' W.
long.
(xxxiii) North Inlet 45 Foot Reef is bounded on the north by
33 deg.21.03' N. lat.; on the south by 33 deg.20.03' N. lat.; on the
east by 79 deg.00.31' W. long.; and on the west by 79 deg.01.51' W.
long.
(xxxiv) CJ Davidson Reef is bounded on the north by 33 deg.06.48'
N. lat.; on the south by 33 deg.05.48' N. lat.; on the east by
79 deg.00.27' W. long.; and on the west by 79 deg.01.39' W. long.
(xxxv) Greenville Reef is bounded on the north by 32 deg.57.25' N.
lat.; on the south by 32 deg.56.25' N. lat.; on the east by
78 deg.54.25' W. long.; and on the west by 78 deg.55.25' W. long.
(xxxvi) Charleston 60 Foot Reef is bounded on the north by
32 deg.33.60' N. lat.; on the south by 32 deg.32.60' N. lat.; on the
east by 79 deg.39.70' W. long.; and on the west by 79 deg.40.90' W.
long.
(xxxvii) Edisto 60 Foot Reef is bounded on the north by
32 deg.21.75' N. lat.; on the south by 32 deg.20.75' N. lat.; on the
east by 80 deg.04.10' W. longitude; and on the west by 80 deg.05.70' W.
long.
(xxxviii) Edisto 40 Foot Reef is bounded on the north by
32 deg.25.78' N. lat.; on the south by 32 deg.24.78' N. lat.; on the
east by 80 deg.11.24' W. long.; and on the west by 80 deg.12.32' W.
long.
(xxxix) Beaufort 45 Foot Reef is bounded on the north by
32 deg.07.65' N. lat.; on the south by 32 deg.06.65' N. lat.; on the
east by 80 deg.28.80' W. long.; and on the west by 80 deg.29.80' W.
long.
(2) * * *
(i) In the SMZs specified in paragraphs (e)(1)(i) through
(e)(1)(xviii) and (e)(1)(xxii) through (e)(1)(xxxix) of this section,
the use of a gillnet or a trawl is prohibited, and fishing may be
conducted only with handline, rod and reel, and spearfishing gear.
* * * * *
(iv) In the SMZs specified in paragraphs (e)(1)(i) through
(e)(1)(x), (e)(1)(xx), and (e)(1)(xxii) through (e)(1)(xxxix) of this
section, a powerhead may not be used to take South Atlantic snapper-
grouper. * * *
* * * * *
[FR Doc. 98-34450 Filed 12-29-98; 8:45 am]
BILLING CODE 3510-22-F
