[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Rules and Regulations]
[Pages 13918-13925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6334]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 654
[Docket No. 950203034-5034-01; I.D. 092794B]
RIN 0648-AG23
Stone Crab Fishery of the Gulf of Mexico; Amendment 5
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement Amendment 5 to the
Fishery Management Plan for the Stone Crab Fishery of the Gulf of
Mexico (FMP). This rule establishes a temporary moratorium, ending not
later than June 30, 1998, on the Federal registration of stone crab
vessels. In addition, NMFS changes the regulations that implement the
FMP to correct and clarify them, conform them to current agency
standards, and enhance enforcement.
EFFECTIVE DATE: April 14, 1995. The incorporation by reference of
certain sections of the Florida Administrative Code is approved by the
Director of the Office of the Federal Register as of April 14, 1995.
[[Page 13919]] FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-
570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented by regulations
at 50 CFR part 654 under the authority of the Magnuson Fishery
Conservation and Management Act (Magnuson Act).
Detailed descriptions, backgrounds, and rationales for the
management measures in Amendment 5 and the additional measures proposed
by NMFS were included in the preamble to the proposed rule (59 FR
55405, November 7, 1994) and are not repeated here. The U.S. Coast
Guard commented that they had reviewed Amendment 5 and the proposed
rule and had identified no enforcement or safety concerns. No other
comments on the amendment or the proposed rule were received.
Accordingly, the proposed rule is adopted as final with three minor
changes. The geographic scope of the regulations is clarified by
providing in the definition of ``management area'' appropriate latitude
and longitude boundaries in lieu of ``off the west coast of Florida and
off the south side of the Florida Keys.'' An explanation of the nature
and duration of the moratorium on the Federal registration of stone
crab vessels is added at Sec. 654.3(d). A new section (Sec. 654.26) is
added to specify the management measures that may be established or
modified under the framework procedure in Amendment 5.
Classification
The Director, Southeast Region, NMFS, determined that Amendment 5
is necessary for the conservation and management of the stone crab
fishery and that it is consistent with the national standards, other
provisions of the Magnuson Act, and other applicable laws.
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 when this rule was proposed that it
would not have a significant economic impact on a substantial number of
small entities. The reasons were summarized in the preamble to the
proposed rule (59 FR 55405, November 7, 1994). As a result, a
regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 654
Fisheries, Fishing, Incorporation by reference.
Dated: March 8, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 654 is revised
to read as follows:
PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO
Subpart A--General Measures
Sec.
654.1 Purpose and scope.
654.2 Definitions.
654.3 Relation to other laws.
654.4 Permits and fees. [Reserved]
654.5 Recordkeeping and reporting. [Reserved]
654.6 Vessel and gear identification.
654.7 Prohibitions.
654.8 Facilitation of enforcement.
654.9 Penalties.
Subpart B--Management Measures
654.20 Seasons.
654.21 Harvest limitations.
654.22 Gear restrictions.
654.23 Southwest Florida seasonal trawl closure.
654.24 Shrimp/stone crab separation zones.
654.25 Prevention of gear conflicts.
654.26 Adjustment of management measures.
654.27 Specifically authorized activities.
Appendix A to Part 654--Figures
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Measures
Sec. 654.1 Purpose and scope.
(a) The purpose of this part is to implement the Fishery Management
Plan for the Stone Crab Fishery of the Gulf of Mexico, prepared by the
Gulf of Mexico Fishery Management Council under the Magnuson Act.
(b) This part governs conservation and management of stone crab and
restricts the trawl fishery in the management area.
(c) ``EEZ'' refers to the EEZ in the management area, unless the
context clearly indicates otherwise.
Sec. 654.2 Definitions.
In addition to the definitions in the Magnuson Act and in
Sec. 620.2 of this chapter, the terms used in this part have the
following meanings:
Management area means the EEZ off the coast of Florida from a line
extending directly south from the Alabama/Florida boundary
(87 deg.31'06'' W. long.) to a line extending directly east from the
Dade/Monroe County, FL boundary (25 deg.20.4' N. lat.).
Regional Director means the Director, Southeast Region, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702, telephone: 813-
570-5301; or a designee.
Stone crab means Menippe mercenaria, M. adina or the hybrid, M.
adina X M. mercenaria, or a part thereof.
Sec. 654.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in
Sec. 620.3 of this chapter and paragraphs (b), (c), and (d) of this
section.
(b) The regulations in this part are intended to be compatible
with, and do not supersede, similar regulations in effect for the
Everglades National Park (36 CFR 7.45).
(c) The regulations in this part are intended to be compatible with
similar regulations and statutes in effect in Florida's waters.
(d) Under Amendment 5 to the Fishery Management Plan for the Stone
Crab Fishery of the Gulf of Mexico, there is a temporary moratorium on
the issuance by the Regional Director of Federal numbers and color
codes to mark vessels and gear in the stone crab fishery in the
management area. The moratorium will end not later than June 30, 1998.
During the moratorium, fishermen must obtain numbers and color codes
from Florida. (See Sec. 654.6(a).)
Sec. 654.4 Permits and fees. [Reserved]
Sec. 654.5 Recordkeeping and reporting. [Reserved]
Sec. 654.6 Vessel and gear identification.
(a) An owner or operator of a vessel that is used to harvest stone
crabs by traps in the management area must comply with the vessel and
gear identification requirements applicable to the harvesting of stone
crabs by traps in Florida's waters in effect as of April 14, 1995, in
Rule 2N-8.001 and Rule 46-13.002(2) (e) and (f), Florida Administrative
Code. This incorporation by reference was approved by the Director of
the Office of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from the Florida Marine
Fisheries Commission, 2540 Executive Center Circle West, Suite 106,
Tallahassee, FL 32301; telephone: 904-487-0554. Copies may be inspected
at the office of the Regional Director; the Office of Fisheries
Conservation and Management, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910; or the Office of the Federal Register, 800 North
Capitol Street, NW, Suite 700, Washington, DC.
(b) A stone crab trap or buoy in the EEZ that is not in compliance
with the gear identification requirements [[Page 13920]] specified in
paragraph (a) of this section is illegal. Such trap or buoy, and any
connecting lines, will be considered unclaimed or abandoned property
and may be disposed of in any manner considered appropriate by the
Assistant Administrator or an authorized officer. An owner of such trap
or buoy remains subject to appropriate civil penalties. A stone crab
trap will be presumed to be the property of the most recently
documented owner.
Sec. 654.7 Prohibitions.
In addition to the general prohibitions specified in Sec. 620.7 of
this chapter, it is unlawful for any person to do any of the following:
(a) Falsify or fail to display and maintain vessel and gear
identification, as required by Sec. 654.6(a).
(b) Possess a stone crab in the management area during the period
specified in Sec. 654.20(a).
(c) Possess a stone crab trap in the management area during the
period specified in Sec. 654.20(c).
(d) Remove from a stone crab in or from the management area, or
possess in the management area, a claw that is less than the minimum
size limit specified in Sec. 654.21(a).
(e) Fail to return immediately to the water unharmed an egg-bearing
stone crab, or strip eggs from or otherwise molest an egg-bearing stone
crab; as specified in Sec. 654.21(b).
(f) Hold a stone crab in or from the management area aboard a
vessel other than as specified in Sec. 654.21(c).
(g) Use or possess in the management area a stone crab trap that
does not have a biodegradable panel, as specified in Sec. 654.22(a).
(h) Pull or tend a stone crab trap in the management area other
than during daylight hours, as specified in Sec. 654.22(b).
(i) Willfully tend, open, pull, or otherwise molest another
fisherman's trap, buoy, or line in the management area, as specified in
Sec. 654.22(c).
(j) Trawl in a closed area or during a closed season, as specified
in Secs. 654.23 or 654.24, or as may be implemented under
Sec. 654.25(b).
(k) Place a stone crab trap in a closed area or during a closed
season, as specified in Sec. 654.24, or as may be implemented under
Sec. 654.25(b).
(l) Interfere with fishing or obstruct or damage fishing gear or
the fishing vessel of another, as specified in Sec. 654.25(a).
(m) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of stone crab.
(n) Interfere with, obstruct, delay, or prevent by any means an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Magnuson Act.
Sec. 654.8 Facilitation of enforcement.
See Sec. 620.8 of this chapter.
Sec. 654.9 Penalties.
See Sec. 620.9 of this chapter.
Subpart B--Management Measures
Sec. 654.20 Seasons.
(a) Closed season. No person may possess a stone crab in the
management area from 12:01 a.m., local time, May 16, through 12 p.m.
midnight, local time, October 14, each year. Holding a stone crab in a
trap in the water during a soak period or during a removal period (see
paragraph (b) of this section), or during any extension thereto, is not
deemed possession, provided that, if the trap is removed from the water
during such period, such crab is returned immediately to the water with
its claws unharvested.
(b) Placement of traps. (1) Prior to the fishing season. The period
of October 5 through October 14 is established as a trap soak period. A
stone crab trap may be placed in the management area not earlier than 1
hour before sunrise on October 5.
(2) After the fishing season. The period of May 16 through May 20
is established as a trap removal period. A stone crab trap must be
removed from the management area not later than 1 hour after sunset on
May 20, unless an extension to the removal period is granted under
paragraph (b)(2)(i) of this section and the extension authorization is
carried aboard the fishing vessel as specified in paragraph (b)(2)(ii)
of this section.
(i) An extension of the removal period may be granted by Florida in
accordance with Rule 46-13.002(2)(b), Florida Administrative Code, in
effect as of April 14, 1995. This incorporation by reference was
approved by the Director of the Office of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from the Florida Marine Fisheries Commission, 2540 Executive
Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904-
487-0554. Copies may be inspected at the office of the Regional
Director, or the Office of the Federal Register, 800 North Capitol
Street, N.W., Suite 700, Washington, DC.
(ii) The extension authorization must be carried aboard the fishing
vessel. The operator of a fishing vessel must present the authorization
for inspection upon request of an authorized officer.
(c) Possession of stone crab traps. A stone crab trap may not be
possessed in the management area from the end of the trap removal
period, or an extension thereto, to the beginning of the trap soak
period, as specified in paragraph (b) of this section. A stone crab
trap, float, or rope in the management area during this period will be
considered unclaimed or abandoned property and may be disposed of in
any manner considered appropriate by the Assistant Administrator or an
authorized officer. An owner of such trap, float, or rope remains
subject to appropriate civil penalties.
Sec. 654.21 Harvest limitations.
(a) Claw size. No person may remove from a stone crab in or from
the management area, or possess in the management area, a claw with a
propodus measuring less than 2.75 inches (7.0 cm), measured in a
straight line from the elbow to the tip of the lower immovable finger.
The propodus is the largest section of the claw assembly that has both
a movable and immovable finger and is located farthest from the body
when the entire appendage is extended. (See Appendix A, Figure 1, of
this part.)
(b) Egg-bearing stone crabs. An egg-bearing stone crab in or from
the management area must be returned immediately to the water
unharmed--without removal of a claw. An egg-bearing stone crab may not
be stripped of its eggs or otherwise molested.
(c) Holding stone crabs. A live stone crab in or from the
management area may be held aboard a vessel until such time as a legal-
sized claw is removed, provided it is held in a container that is
shaded from direct sunlight and it is wet with sea water as necessary
to keep it in a damp condition. Containers holding stone crabs must be
stacked in a manner that does not compress the crabs. A stone crab body
from which a legal-sized claw has been removed must be returned to the
sea before the vessel reaches shore or a port or dock.
Sec. 654.22 Gear restrictions.
(a) Biodegradable panels. A stone crab trap used or possessed in
the management area must have a panel constructed of wood or cotton and
located on a side of the trap at least two slats above the bottom, or
on the top of the trap, which, when removed, will leave an opening in
the trap measuring at least 2.5 inches by 5 inches (6.35 cm by 12.7
cm).
(b) Daylight hours. A stone crab trap in the management area may be
pulled or tended during daylight hours only-- [[Page 13921]] that is,
from 1 hour before sunrise to 1 hour after sunset.
(c) Gear belonging to others. No fisherman may willfully tend,
open, pull, or otherwise molest another fisherman's trap, buoy, or line
in the management area without the prior written consent of that
fisherman.
Sec. 654.23 Southwest Florida seasonal trawl closure.
From January 1 to 1 hour after sunset (local time) May 20, each
year, the area described in this section is closed to trawling,
including trawling for live bait. The area is that part of the
management area shoreward of a line connecting the following points
(see Appendix A, Figure 2, of this part):
------------------------------------------------------------------------
North West
Point Latitude Longitude
------------------------------------------------------------------------
B\1\...................................... 26 deg.16' 81 deg.58.5'
C......................................... 26 deg.00' 82 deg.04'
D......................................... 25 deg.09' 81 deg.47.6'
E......................................... 24 deg.54.5' 81 deg.50.5'
M\1\...................................... 24 deg.49.3' 81 deg.46.4'
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\1\On the seaward limit of Florida's waters.
Sec. 654.24 Shrimp/stone crab separation zones.
Five zones are established in the management area and Florida's
waters off Citrus and Hernando Counties for the separation of shrimp
trawling and stone crab trapping. The zones are as shown in Appendix A,
Figure 3, of this part. Although Zone II is entirely within Florida's
waters, it is included in this section and Appendix A, Figure 3, of
this part for the convenience of fishermen. Restrictions that apply to
Zone II and those parts of the other zones that are in Florida's waters
are contained in Rule 46-38.001, Florida Administrative Code.
Geographical coordinates of the points referred to in this paragraph
and shown in Appendix A, Figure 3, of this part are as follows (loran
readings are unofficial and are included only for the convenience of
fishermen):
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Loran Chain 7980
Point North latitude West longitude ---------------------------------------------------
W X Y Z
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A....................... 28 deg.59'30'' 82 deg.45'36'' 14416.5 31409.4 45259.1 62895.3
B....................... 28 deg.59'30'' 83 deg.00'10'' 14396.0 31386.3 45376.8 63000.0
C....................... 28 deg.26'01'' 82 deg.59'47'' 14301.5 31205.9 45103.2 63000.0
D....................... 28 deg.26'01'' 82 deg.56'54'' 14307.0 31212.2 45080.0 62981.3
E....................... 28 deg.41'39'' 82 deg.55'25'' 14353.7 31300.2 45193.9 62970.0
F....................... 28 deg.41'39'' 82 deg.56'09'' 14352.4 31298.6 45199.4 62975.0
G....................... 28 deg.48'56'' 82 deg.56'19'' 14372.6 31337.2 45260.0 62975.0
H....................... 28 deg.53'51'' 82 deg.51'19'' 14393.9 31371.8 45260.0 62938.7
I....................... 28 deg.54'43'' 82 deg.44'52'' (\1\) (\1\) (\1\) (\1\)
J....................... 28 deg.51'09'' 82 deg.44'00'' (\2\) (\2\) (\2\) (\2\)
K....................... 28 deg.50'59'' 82 deg.54'16'' 14381.6 31351.8 45260.0 62960.0
L....................... 28 deg.41'39'' 82 deg.53'56'' 14356.2 31303.0 45181.7 62960.0
M....................... 28 deg.41'39'' 82 deg.38'46'' (\3\) (\3\) (\3\) (\3\)
N....................... 28 deg.41'39'' 82 deg.53'12'' 14357.4 31304.4 45176.0 62955.0
O....................... 28 deg.30'51'' 82 deg.55'11'' 14323.7 31242.4 45104.9 62970.0
P....................... 28 deg.40'00'' 82 deg.53'08'' 14352.9 31295.7 45161.8 62955.0
Q....................... 28 deg.40'00'' 82 deg.47'58'' 14361.3 31305.4 45120.0 62920.0
R....................... 28 deg.35'14'' 82 deg.47'47'' 14348.6 31280.6 45080.0 62920.0
S....................... 28 deg.30'51'' 82 deg.52'55'' 14327.7 31247.0 45086.6 62955.0
T....................... 28 deg.27'46'' 82 deg.55'09'' 14315.2 31225.8 45080.0 62970.0
U....................... 28 deg.30'51'' 82 deg.52'09'' 14329.1 31248.6 45080.0 62949.9
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\1\Crystal River Entrance Light 1A.
\2\Long Pt. (southwest tip).
\3\Shoreline.
(a) Zone I is enclosed by rhumb lines connecting, in order, points
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points
A and J. It is unlawful to trawl in that part of Zone I that is in the
EEZ during the period October 5 through May 20, each year.
(b) Zone II is enclosed by rhumb lines connecting, in order, points
J, I, H, K, L, and M, plus the shoreline between points J and M.
(c) Zone III is enclosed by rhumb lines connecting, in order,
points P, Q, R, U, S, and P. It is unlawful to trawl in that part of
Zone III that is in the EEZ during the period October 5 through May 20,
each year.
(d) Zone IV is enclosed by rhumb lines connecting, in order, points
E, N, S, O, and E.
(1) It is unlawful to place a stone crab trap in that part of Zone
IV that is in the EEZ during the periods October 5 through December 1,
and April 2 through May 20, each year.
(2) It is unlawful to trawl in that part of Zone IV that is in the
EEZ during the period December 2 through April 1, each year.
(e) Zone V is enclosed by rhumb lines connecting, in order, points
F, G, K, L, and F.
(1) It is unlawful to place a stone crab trap in that part of Zone
V that is in the EEZ during the periods October 5 through November 30,
and March 16 through May 20, each year.
(2) It is unlawful to trawl in that part of Zone V that it is in
the EEZ during the period December 1 through March 15, each year.
(f) A stone crab trap, float, or rope in the management area during
a period not authorized by this section will be considered unclaimed or
abandoned property and may be disposed of in any manner considered
appropriate by the Assistant Administrator or an authorized officer. An
owner of such trap, float, or rope remains subject to appropriate civil
penalties. A stone crab trap will be presumed to be the property of the
most recently documented owner.
Sec. 654.25 Prevention of gear conflicts.
(a) No person may knowingly place in the management area any
article, including fishing gear, that interferes with fishing or
obstructs or damages fishing gear or the fishing vessel of another; or
knowingly use fishing gear in such a fashion that it obstructs or
damages the fishing gear or fishing vessel of another.
(b) In accordance with the procedures and limitations of the
Fishery [[Page 13922]] Management Plan for the Stone Crab Fishery of
the Gulf of Mexico, the Regional Director may modify or establish
separation zones for shrimp trawling and the use of fixed gear as may
be necessary and appropriate to prevent gear conflicts. Necessary
prohibitions or restrictions will be published in the Federal Register.
Sec. 654.26 Adjustment of management measures.
In accordance with the procedures and limitations of the fishery
management plan for the Stone Crab Fishery of the Gulf of Mexico, the
Regional Director may establish or modify the following management
measures: Limitations on the number of traps that may be fished by each
vessel; construction characteristics of traps; gear and vessel
identification requirements; gear that may be used or prohibited in a
directed fishery; bycatch levels in non-directed fisheries; seasons;
soak/removal periods and requirements for traps; use, possession and
handling of stone crabs aboard vessels; and minimum legal sizes.
Sec. 654.27 Specifically authorized activities.
The Regional Director may authorize, for the acquisition of
information and data, activities otherwise prohibited by the
regulations in this part.
Appendix A to Part 654--Figures
Figure 1--Stone Crab Claw
Figure 2--Southwest Florida Seasonal Trawl Closure
Figure 3--Shrimp/Stone Crab Separation Zones
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[FR Doc. 95-6334 Filed 3-14-95; 8:45 am]
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