[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2417]
[[Page Unknown]]
[Federal Register: February 3, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 940119-4019; I.D. 123093G]
Coral and Coral Reefs of the Gulf of Mexico and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of control date for entry into the commercial fishery
for live rock.
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SUMMARY: This notice announces that anyone entering the commercial
fishery for live rock in the exclusive economic zone (EEZ) off the
coastal states of the South Atlantic and Gulf of Mexico after February
3, 1994 may not be assured of future access to the fishery if a
management regime is developed and implemented under the Magnuson
Fishery Conservation and Management Act (Magnuson Act) (16 U.S.C. 1801
et seq.) that limits the number of participants in the fishery. This
notice is intended to discourage new entries into the fishery based on
economic speculation while the South Atlantic and Gulf of Mexico
Fishery Management Councils (Councils) consider fishery management
options that range from limited access to a total prohibition of live
rock harvest.
ADDRESSES: A copy of draft Amendment 2 to the Fishery Management Plan
for Coral and Coral Reefs of the Gulf of Mexico and South Atlantic may
be obtained from the Gulf of Mexico and South Atlantic may be obtained
from the Gulf of Mexico Fishery Management Council, Lincoln Center,
suite 331, 5401 West Kennedy Boulevard, Tampa, Florida 33609-2468, or
the South Atlantic Fishery Management Council, Southpark Building,
Suite 306, 1 Southpark Circle, Charleston, South Carolina 29407-4699.
FOR FURTHER INFORMATION CONTACT:
Georgia Cranmore, 813-893-3161.
SUPPLEMENTARY INFORMATION: The Councils are developing Amendment 2 to
the Fishery Management Plan for Coral and Coral Reefs of the Gulf of
Mexico and the South Atlantic (FMP) that would add ``live rock'' to the
fishery management unit. Live rock means certain living marine
organisms, or an assemblage thereof, attached to a hard substrate
(including dead coral or rock). In addition to live corals, these
organisms may include anemones, sponges, tube worms, mollusks,
crustaceans, bryozoans, sea squirts, and marine algae. Management
measures adopted could include harvest limitations, such as limited
entry or a total prohibition of harvest to prevent fishery habitat
loss, a provision for aquaculture of live rock, and permits for
scientific and educational collections.
In 1989, the Florida Department of Natural Resources (FDNR) (now
Department of Environmental Protection) determined that live rock
harvest (i.e., the collection of rocks with marine organisms attached
for use in home aquariums) was detrimental to the Florida Reef Tract
and other hard bottom habitat areas. The Florida Marine Fisheries
Commission (FMFC) noted that the only current net production of the
carbonate substrate underlying live rock occurs on living rock reefs
and, in Florida, these areas are either in equilibrium or eroding. FDNR
personnel testified that more than 90 percent of the live rock examined
at the request of enforcement agents contained visible colonies of
prohibited corals, such as stony corals and sea fans. The FMFC
concluded that live rock removal (1) can violate State and Federal laws
that prohibit taking of corals, (2) reduces the surface area and
topographic complexity of Florida's coral reefs and other live bottom
areas, and (3) removes entire micro-communities along with targeted
aquarium species. As a result of this rulemaking, live rock harvesting
efforts shifted to the EEZ off Florida.
The FMFC has noted that in 1991 approximately 35 individuals
reported combined landings of about 300 tons of live rock from EEZ
waters adjacent to the Florida Reef Tract, Florida's east coast reefs,
and the Gulf of Mexico hard bottom areas. In 1992, reported Florida
landings from the EEZ totalled about 400 tons.
Although the Councils have discussed the live rock issue,
particularly pertaining to EEZ waters over recent years, they took no
regulatory action since the FMFC had decided to initiate rulemaking
regarding live rock landings from the EEZ off Florida. Specifically,
the Councils deferred action since Florida's planned phase-out of live
rock landings appeared to address what seemed to be a Florida area
management issue.
In June 1992 the Florida Governor and Cabinet approved the FMFC
rule to phase-out live rock landings from the EEZ over a 3-year period
ending on June 30, 1995. The phase-out period was designed to allow
development of live rock aquaculture which would be exempt from the
harvest ban. The phase-out was to be accomplished by a 25 percent
annual reduction in allowable landings (based on the 1991 reported
landings) accompanied by a 500 pound daily vessel limit.
On March 31, 1993, a U.S. District Court Judge issued a preliminary
injunction to prevent enforcement of Florida's quota and vessel landing
limits relating to possession or landing of live rock taken in the EEZ.
Florida live rock fishermen argued that the Magnuson Act superseded
state landing laws and the Councils had made ``an affirmative and
conscious decision'' not to prohibit the taking of live rock in the
EEZ.
Because of the District Court action, the Councils are now
concerned that removal of live rock from the EEZ is currently
unregulated. Also, there is growing interest in harvest of live rock
from North Carolina to Alabama. In April 1993, the South Atlantic
Fishery Management Council (SAFMC) approved a motion to include live
rock in the FMP and reactivate the Coral Advisory Panel. In May 1993,
the Gulf Council, on being advised of live rock landings in Alabama,
and at the request of that State and Florida, initiated development of
options for live rock management. In June 1993, the SAFMC held a public
scoping meeting in Duck Key, Florida, to solicit input from the
harvesters and the general public on the management of live rock. In
November 1993, the Councils prepared draft Amendment 2 to the FMP to
address the live rock issue, and established a schedule for future
public hearings. See addresses to obtain a copy of this document.
In establishing a control date and making this announcement, the
Councils intend to discourage speculative entry into the live rock
fishery while they discuss possible management regimes. As the Councils
consider a limited entry or access-controlled management regime, among
other options, certain fishermen who do not currently harvest live
rock, and never have done so, may decide to enter the fishery for the
sole purpose of establishing a record of making commercial live rock
landings. In the absence of a control date, such a record generally may
be considered indicative of economic dependence on the fishery. In
addition, when management authorities begin to consider use of a
limited access management regime, speculative entry into a fishery
often is responsible for a rapid increase in fishing effort that may
exacerbate adverse environmental impacts.
Establishment of a control date does not commit the Councils or the
Secretary of Commerce to any particular management regime or criterion
for entry into the commercial fishery for live rock. Fishermen are not
guaranteed future participation in the fishery regardless of their date
of entry or intensity of participation in the fishery before or after
the control date. The Councils may subsequently choose a different
control date, or they may choose a management regime that does not make
use of such a date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 28, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 94-2417 Filed 2-2-94; 8:45 am]
BILLING CODE 3510-22-M
