[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Pages 16076-16085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9059]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 646 and 686
[Docket No. 950316075-6098-02; I.D. 022696A]
RIN 0648-AH86
Golden Crab Fishery Off the Southern Atlantic States; Initial
Regulations; Snapper-Grouper Fishery Off the Southern Atlantic States;
Revision of Definition
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 all but one
measure of the Fishery Management Plan for the Golden Crab Fishery of
the South Atlantic Region (FMP) and to revise a complementary
definition in the regulations implementing the Fishery Management Plan
for the Snapper-Grouper Fishery of the South Atlantic Region. Based on
a preliminary evaluation of the FMP, NMFS disapproved a measure that
would require 100 percent of vessel owners/operators to maintain and
submit vessel logbooks. This rule proposes restrictions on the harvest
or possession of golden crab in or from the exclusive economic zone
(EEZ) off the southern Atlantic states and proposes controlled access
to the fishery. The intended effect of the FMP and this rule is to
conserve and manage the golden crab fishery.
DATES: Written comments must be received by May 28, 1996.
ADDRESSES: Comments on the proposed rule must be sent to the Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702.
Requests for copies of the FMP, which includes a regulatory impact
review (RIR), social impact assessment, and an environmental
assessment, should be sent to the South Atlantic Fishery Management
Council, One Southpark Circle, Suite 306, Charleston, SC 29407-
[[Page 16077]]
4699, telephone 803-571-4366, FAX 803-769-4520.
Comments regarding the collection-of-information requirements
contained in this proposed rule should be sent to Edward E. Burgess,
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702, and to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Washington, DC 20503
(Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the South Atlantic
Fishery Management Council (Council) under the authority of the
Magnuson Fishery Conservation and Management Act (Magnuson Act).
Background
The FMP and proposed rule address conservation and management of
golden crab in or from the EEZ along the U.S. Atlantic coast from the
east coast of Florida, including the Atlantic side of the Florida Keys,
to the North Carolina/Virginia boundary. The FMP was developed to
protect the biological integrity of the golden crab resource and to
maintain economic and social benefits from the fishery by establishing
a controlled access program. Because the distribution of golden crabs
off the southern Atlantic states is believed to be restricted to the
EEZ and the historical fishery in that area has been conducted
exclusively in the EEZ, it is a rebuttable presumption of the proposed
rule that all golden crab possessed were harvested from the EEZ.
The Council and NMFS are concerned about potential overfishing of
the golden crab resource and overcapitalization of the fishery. Golden
crabs are relatively long-lived and have slow growth rates, making them
more vulnerable to overfishing. Currently the golden crab fishery is
unregulated. Restrictions in other fisheries, notably net and fish trap
bans in Florida and harvest restrictions in the New England groundfish
and Alaskan crab fisheries, have contributed to increased interest and
participation in the golden crab fishery in recent years. The Council
believes that further increases in the number of vessels participating
in the fishery will result in harvest capacity that greatly exceeds the
maximum sustainable yield (MSY). Additional vessels entering the
fishery would also contribute to overcapitalization and other social
and economic problems commonly associated with open access.
This rule would: (1) Establish a controlled access program that
includes initial eligibility criteria for vessel permits, restricted
fishing zones, and procedures for appeals, transfers, and renewal of
permits; (2) specify authorized gear for the fishery; (3) establish
gear identification requirements; (4) specify maximum allowable trap
sizes; (5) require escape gaps and a degradable panel on each trap; (6)
establish minimum depth limits for use of traps; (7) prohibit tending
of traps by unauthorized individuals; (8) modify the definition of the
term ``crustacean trap'' in the regulations governing the South
Atlantic snapper-grouper fishery (50 CFR part 646) to accommodate use
of traps in the golden crab fishery; (9) prohibit the sale of female
golden crabs and limit retention of female crabs to no more than 0.5
percent, by number, of all golden crabs on board the vessel; (10)
require that golden crabs be landed whole; (11) limit sale of golden
crabs by permitted vessels to permitted golden crab dealers; (12)
require that permitted golden crab dealers purchase golden crabs caught
in the EEZ only from permitted vessels; (13) prohibit possession of
snapper-grouper species in whole, gutted, or filleted form on board a
vessel fishing for or possessing golden crabs; (14) establish permit
and reporting requirements for fishermen and dealers; (15) require
mandatory observer coverage if a vessel is selected; and (16) establish
a framework regulatory adjustment procedure (framework procedure) to
allow timely implementation of changes in the FMP's management
measures.
Additionally, the FMP would have required that 100 percent of the
owners or operators of permitted vessels maintain and submit vessel
logbook information. Based on a preliminary evaluation of the FMP, the
Director, Southeast Region, NMFS, (Regional Director) disapproved this
measure. The Regional Director concluded that the methods of obtaining
the necessary management data, and the appropriate sampling system for
such data, are operational determinations properly made by NMFS.
Accordingly, the Regional Director determined that the level of vessel
coverage or sampling is not a matter of sufficient scope and substance
warranting review under section 304(a)(1)(A) of the Magnuson Act. NMFS
agrees with the Council that there is current ample justification for
requiring all permitted vessels to maintain and submit vessel logbooks.
Therefore, NMFS intends to select all permitted vessels to submit
logbooks, for as long as that level of coverage is deemed necessary. If
NMFS subsequently determines that 10009percent logbook reporting is not
required, the level of coverage can be reduced to the appropriate level
without amending the FMP.
Permit Requirements
Permits would be required for vessels and dealers involved in the
golden crab fishery in the EEZ to ensure that the universe of
participants in the fishery is defined accurately and to facilitate
essential data collection. For a person aboard a fishing vessel to fish
for golden crab in the EEZ, possess golden crab in or from the EEZ,
off-load golden crab from the EEZ, or sell golden crab in or from the
EEZ, a vessel permit for golden crab would have to be issued for the
vessel and would be required to be on board. An application for a
vessel permit, except for permit renewal or transfer, would be required
to be submitted to the Regional Director postmarked no later than 30
days after the date the final rule implementing the FMP is published in
the Federal Register. No additional applications for initial vessel
permits would be accepted after that date. See the discussion of the
controlled access program below regarding additional restrictions
related to vessel permits.
A dealer who receives from a fishing vessel golden crab harvested
from the EEZ would be required to obtain a dealer permit for golden
crab. To be eligible for a dealer permit, an applicant would be
required to have a valid state wholesaler's license in the state where
he or she operates and have a physical facility for the receipt of fish
at a fixed location in that state. A dealer application would be
required to be submitted to the Regional Director at least 30 days
prior to the desired effective date of the permit. Dealer permits for
golden crab would not be transferable or assignable.
Applications for vessel and dealer permits would be subject to a
fee to cover administrative costs of issuing the permits.
Controlled Access Program
The Council and many participants in the golden crab fishery are
concerned about the adverse impacts that could result from allowing
continued open access to the fishery, e.g., overfishing,
overcapitalization, intensified competition for available harvest
levels, and gear and user conflict. To address these concerns, the FMP
would establish a controlled access program that includes provisions
for vessel permit eligibility, an appeals process, restricted fishing
zones, and transfer and renewal of annual vessel permits.
[[Page 16078]]
Under the controlled access program, a vessel permit would be
issued to the vessel owner for the vessel only if the owner meets the
required documentation requirements substantiating landings of golden
crab harvested from the EEZ off the southern Atlantic states (North
Carolina, South Carolina, Georgia, and the Florida east coast) in
quantities of at least 600 lb (272 kg) by April 7, 1995, or at least
2,500 lb (1,134 kg) by September 1, 1995. Acceptable documentation of
the required landings would include landings documented by the trip
ticket systems of Florida or South Carolina and trip receipts or dealer
records for landings off other southern Atlantic states or for landings
that occurred prior to establishment of the trip ticket systems in
Florida and South Carolina, as specified in 50 CFR 686.4(a)(3).
Landings history would be attributed to the owner of the vessel at the
time the landings occurred unless a written agreement expressly
transfered the vessel's landings history to a new owner (i.e., the
landings history does not automatically transfer with a change in
vessel ownership). Initial vessel permits would be issued to current
vessel owners.
Appeals of the Regional Director's decision regarding initial
permit eligibility would be addressed by an ad hoc appeals committee
appointed by the Council and consisting only of Council members. The
appeals committee would be empowered only to determine whether the
permit eligibility criteria were applied correctly to the applicant's
application; hardship appeals would not be considered. An applicant
whose initial application was denied would have to submit a written
appeal within 30 days of the Regional Director's initial decision and
would have to provide written documentation explaining the basis for
the appeal. An appellant would also be allowed to testify before the
appeals committee. The appeals committee would meet only once to
consider all appeals. Each member of the appeals committee would
provide individual recommendations for each appeal to the Regional
Director. The Regional Director's written decision would constitute the
final administrative action by NMFS on an appeal.
As part of the controlled access program, the FMP would establish
three designated fishing zones that are intended to help stabilize and
optimize the distribution of fishing effort throughout the range of the
fishery. The three zones are: (1) The Northern zone--that area of the
EEZ north of 28 deg. N. lat. to the North Carolina/Virginia boundary
(36 deg.44'55'' N. lat.); (2) the Middle zone--that area of the EEZ
from 28 deg. N. lat. to 25 deg. N. lat.; and (3) the Southern zone--
that area of the EEZ south of 25 deg. N. lat. to the boundary between
the jurisdictions of the South Atlantic and Gulf of Mexico Fishery
Management Councils (see 50 CFR 601.11(c)). An applicant for a vessel
permit would be required to specify in which zone the vessel would
fish, and the permit would be valid only for that zone. Other zones
could be transited only if the vessel operator notifies NMFS Southeast
Law Enforcement Division in advance and does not fish in an unpermitted
area.
Under the controlled access program, the transfer and renewal of
vessel permits would be restricted. A vessel permit would only be
transferable to a vessel that would fish for golden crab exclusively
within the designated zone indicated on the permit or to a vessel that
would fish exclusively in the northern zone. To obtain a vessel permit
via transfer, the owner of the receiving vessel would have to acquire a
permit or permits from a vessel or vessels with documented length
overall, or aggregate lengths overall, of at least 90 percent of the
documented overall length of the receiving vessel.
A vessel permit would be renewable only if the Science and Research
Director, Southeast Fisheries Center, NMFS, (Science and Research
Director), had received the required vessel logbook reports documenting
that at least 5,000 lb (2,268 kg) of golden crab landed from the EEZ
off the southern Atlantic states had been attributed to the permitted
vessel during at least one of the two 12-month periods prior to the
expiration date of the current vessel permit.
Reporting Requirements
Permitted vessels and dealers would be required to maintain and
submit basic information essential for proper management of the
fishery. Additional data may be collected by authorized statistical
reporting agents or authorized officers.
The owner or operator of a permitted vessel that is selected by the
Science and Research Director would be required to maintain a daily
logbook form for each fishing trip. Logbook forms would have to be
submitted to the Science and Research Director postmarked not later
than 30 days after sale of the golden crab off-loaded from a trip. If
no fishing occurred during a month, a report so stating would have to
be submitted in accordance with instructions on the form. A permitted
vessel selected for observer coverage would be required to accommodate
a NMFS-certified observer.
A permitted dealer who is selected by the Science and Research
Director would be required to provide information to the Science and
Research Director on receipts of golden crab and prices paid at monthly
intervals, or more frequently if requested, postmarked not later than 5
days after the end of each month. The Council intends that, to the
extent possible, the required information be provided through existing
state/Federal cooperative agreements for data collection. The Science
and Research Director would select a dealer to report only if the
essential information were not otherwise available through the state/
Federal cooperative data collection system.
Gear Restrictions and Requirements
A number of gear-related measures are proposed to address concerns
about potential overfishing; incidental mortality of small crabs and
female crabs; crab mortality due to lost traps; habitat damage; user
conflict; and enforceability. Traps would be the only gear authorized
for use in the directed golden crab fishery. Rope would be the only
material allowed for use as a mainline or buoy line, except that wire
cable would be allowed for 18 months after publication of the final
rule implementing the FMP to accommodate evaluation of the impacts of
that material. Traps and buoys (if used) would be required to be
identified with a permanently affixed and legible permit number.
Standard vessel identification requirements would be mandatory. A
biodegradable escape panel and escape gaps would be required on each
trap. Maximum trap volume would be 64 cubic feet (ft3) (1.81 cubic
meters (m3)) in the northern zone and 48 ft3 (1.36 m3)
in the middle and southern zones. The minimum depths for deployment and
use of golden crab traps would be 900 ft (274.3 m) in the northern zone
and 700 ft (213.4 m) in the middle and southern zones. Traps could be
pulled or tended only by a person on board the vessel permitted for
those traps or by a person on board a permitted vessel with written
authorization to pull or tend the traps.
Harvest and Possession Restrictions
To maximize the reproductive capacity of the stock and reduce the
probability of overfishing, mortality of female crabs must be
minimized. It is intended that there be no deliberate harvest of female
crabs. However, a maximum retention of female crabs not to exceed 0.5
percent, by number, of all
[[Page 16079]]
golden crabs on board the vessel would be allowed to accommodate
unavoidable incidental harvest and retention of female golden crabs.
Sale of female golden crabs would be prohibited.
The proposed rule would require that golden crabs be landed whole
(i.e., unprocessed). This constraint is necessary to provide effective
enforcement of the restrictions on retention and sale of female golden
crabs. It would be impossible to distinguish female crabs if on board
processing were allowed. Landing whole crabs is consistent with current
industry practice.
Possession of any species of fish in the snapper-grouper fishery in
whole, gutted, or filleted form would be prohibited on board a vessel
fishing for or possessing golden crab in or from the EEZ or possessing
golden crab traps. (See 50 CFR 646.2 for definition and listing of such
fish.) Only the skeletal remains (racks) of such fish could be
possessed for use as bait. This restriction is necessary to ensure that
golden crab traps would not be used to harvest snapper-grouper species.
Restrictions on Sale
Restrictions on sale of golden crab are proposed to ensure that the
fishery is conducted only by properly permitted individuals and to
assure that all landings are documented through the proposed data
collection system. The proposed rule would require that golden crab
harvested in the EEZ by a permitted vessel be sold, traded, or bartered
only to a permitted dealer. Similarly, a permitted dealer would be
allowed to purchase, barter, or trade golden crab harvested from the
EEZ only from a permitted vessel. Golden crab do not occur in state
waters.
Framework Procedure
The FMP includes a framework procedure for establishing or
modifying management measures, including in-season adjustments,
pertinent to the golden crab fishery. The framework procedure is
intended to provide a more flexible management system that would
minimize regulatory delay and allow timely management response to new
information about the fishery while retaining substantial Council and
public involvement in management decisions.
The following is an overview of how the framework procedure would
operate. The Council would appoint an assessment panel (Panel) that
would periodically assess the biological, economic, and social
information relevant to the golden crab fishery and provide a report
and recommendations to the Council. The Council could take action based
on the Panel's report or based on other information or issues that
arise from other sources, e.g., public comment. Information from
sources other than a Panel report would be compiled and analyzed in a
Council staff report.
To evaluate a Panel or Council staff report, the Council would
consult with the Golden Crab Advisory Panel and the Scientific and
Statistical Committee and hold at least one public hearing to receive
public input prior to deciding whether a management change would be
necessary. If the Council concluded that a management change was
needed, the Council would recommend the change, in writing, to the
Regional Director. The Council's recommendations would be accompanied
by the Panel or Council staff report, relevant background material,
draft regulations, an RIR, a social impact statement, and public
comments. This report would be submitted at least 60 days prior to the
desired implementation date. The Regional Director would review the
Council's recommendations, supporting rationale, public comments, and
other relevant information. If the Regional Director concludes that the
Council's recommendations are consistent with the goals and objectives
of the FMP, the Magnuson Act's national standards, and other applicable
law, the Regional Director would recommend that NMFS publish proposed
and final rules in the Federal Register to implement any changes. The
public comment period on the proposed rule would not be less than 15
days. If the Regional Director rejected the recommendations, he or she
would provide written reasons to the Council for the rejection, and
existing regulations would remain in effect pending any subsequent
action.
The proposed rule would allow changes, in accordance with the
framework procedures and limitations of the FMP, to the following
management measures: MSY, acceptable biological catch, total allowable
catch, quotas, trip limits, minimum sizes, gear restrictions, permit
requirements, seasonal or area closures, time frame for recovery of
golden crab if overfished, fishing year, observer requirements, and
authority for the Regional Director to close the fishery when a quota
is reached or is projected to be reached.
Magnuson Act Considerations
Section 303 of the Magnuson Act provides that a council may
establish a system for limiting access to the fishery in order to
achieve optimum yield if, in developing such system, the council takes
into account the following factors: (1) Present participation in the
fishery; (2) historical fishing practices in, and dependence on the
fishery; (3) the economics of the fishery; (4) the capability of
fishing vessels used in the fishery to engage in other fisheries; (5)
the cultural and social framework relevant to the fishery; and (6) any
other relevant considerations.
Additional Information
Additional background and rationale for all management measures in
this rule are contained in the FMP, the availability of which was
announced in the Federal Register on March 5, 1996, (61 FR 8564).
Classification
Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish
regulations proposed by a council within 15 days of receipt of an FMP
and regulations. At this time NMFS has not determined that the FMP is
consistent with the national standards, other provisions of the
Magnuson Act, and other applicable laws, except for the provision of
the FMP specifically disapproved, as discussed above. NMFS, in making
that determination with respect to the remaining provisions of the FMP,
will take into account the data, views, and comments received during
the comment period.
The proposed 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 proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The proposed rule would: (1) Affect a small number of
small entities; (2) result in loss of sales and value to these entities
of less than 5 percent of sales; (3) not increase production or
compliance costs on small entities by more than 5 percent; (4) not
require capital investment to comply with the rule; and (5) not require
a small entity with significant economic dependence on the golden crab
fishery to cease business. As a result, a regulatory flexibility
analysis was not prepared.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to, a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA) unless that collection of
information displays a currently valid OMB control number.
[[Page 16080]]
This rule contains collection-of-information requirements subject
to the PRA--namely, (1) initial vessel permit applications; (2) vessel
permit renewals; (3) vessel permit appeals; (4) dealer permit
applications; (5) vessel reports; (6) dealer reports; (7) notification
requirements for purposes of accommodating observer coverage; and (8)
vessel and gear identification. These requirements have been submitted
to OMB for approval. The public reporting burdens for these collections
of information are estimated to average 20, 15, 30, 15, 10, 15, 3, and
395 minutes per response, respectively, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collections of information. Send comments regarding these reporting
burden estimates or any other aspect of the collections of information,
including suggestions for reducing the burdens, to NMFS and OMB (see
ADDRESSES).
List of Subjects in 50 CFR Parts 646 and 686
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 5, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR chapter VI is
proposed to be amended as follows:
50 CFR Chapter VI
PART 646--SNAPPER-GROUPER FISHERY OFF THE SOUTHERN ATLANTIC STATES
1. The authority citation for part 646 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 646.2, the definition of ``Crustacean trap'' is revised
to read as follows:
Sec. 646.2 Definitions.
* * * * *
Crustacean trap means a type of trap historically used in the
directed fishery for blue crab, stone crab, golden crab, red crab,
jonah crab, or spiny lobster and that contains at any time not more
than 25 percent, by number, of fish other than blue crab, stone crab,
golden crab, red crab, jonah crab, and spiny lobster.
* * * * *
3. Part 686 is added to read as follows:
PART 686--GOLDEN CRAB FISHERY OFF THE SOUTHERN ATLANTIC STATES
Subpart A--General Provisions
Sec.
686.1 Purpose and scope.
686.2 Definitions.
686.3 Relation to other laws.
686.4 Controlled access, permits, and fees.
686.5 Recordkeeping and reporting.
686.6 Vessel and gear identification.
686.7 Prohibitions.
686.8 Facilitation of enforcement.
686.9 Penalties.
686.10 At-sea observer coverage.
Subpart B--Management Measures
686.20 Fishing year.
686.21 Harvest and possession limitations.
686.22 Gear restrictions.
686.23 Restrictions on sale.
686.24 Adjustment of management measures.
686.25 Specifically authorized activities.
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Provisions
Sec. 686.1 Purpose and scope.
(a) The purpose of this part is to implement the Fishery Management
Plan for the Golden Crab Fishery of the South Atlantic Region (FMP)
prepared by the South Atlantic Fishery Management Council under the
Magnuson Act.
(b) This part governs conservation and management of golden crab in
or from the EEZ off the southern Atlantic states. ``EEZ'' in this part
refers to the EEZ in that geographical area, unless the context clearly
indicates otherwise.
Sec. 686.2 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:
Authorized statistical reporting agent means:
(1) Any person so designated by the Science and Research Director;
or
(2) Any person so designated by the head of any Federal or State
agency which has entered into an agreement with the Assistant
Administrator to collect fishery data.
Golden crab means the species Chaceon fenneri.
Golden crab trap means any trap used or possessed in association
with a directed fishery for golden crab in or from the EEZ, including
any trap that contains a golden crab in or from the EEZ or any trap on
board a vessel that possesses golden crab in or from the EEZ.
Off the southern Atlantic states means the waters off the east
coast from 36 deg.34'55'' N. lat. (extension of the Virginia/North
Carolina boundary) to the boundary between the Atlantic Ocean and the
Gulf of Mexico, as specified in Sec. 601.11(c) of this chapter.
Regional Director means the Director, Southeast Region, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
Science and Research Director means the Science and Research
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach
Drive, Miami, FL 33149, telephone 305-361-5761; or a designee.
Whole, when referring to golden crab, means a crab that is in its
natural condition and that has not been gutted or separated into
component pieces, e.g., clusters.
Sec. 686.3 Relation to other laws.
The relation of this part to other laws is set forth in Sec. 620.3
of this chapter.
Sec. 686.4 Controlled access, permits, and fees.
(a) Vessel permits--controlled access. (1) Applicability. Vessel
permits are subject to a controlled access program. For a person aboard
a vessel to fish for golden crab in the EEZ, possess golden crab in or
from the EEZ, off-load golden crab from the EEZ, or sell golden crab in
or from the EEZ, a vessel permit for golden crab must be issued for the
vessel and be on board. It is a rebuttable presumption that a golden
crab on board or off-loaded from a vessel off the southern Atlantic
states was harvested from the EEZ.
(2) Initial Eligibility. The owner of a vessel is eligible to
receive an initial vessel permit to fish for, possess, offload, or sell
golden crab if the owner meets the documentation requirements described
in paragraph (a)(3) of this section substantiating his or her landings
of golden crab harvested from the EEZ off the southern Atlantic states
in quantities of at least 600 lb (272 kg) by April 7, 1995, or at least
2,500 lb (1,134 kg) by September 1, 1995. Only the owner of a vessel at
the time landings occurred may use those landings to meet the
eligibility requirements described in this paragraph (a)(2), except if
that person transferred the right to use those landings to another
person through a written agreement. If evidence of such agreement is
provided to the Regional Director, the person who received the rights
to the landings may use those landings to meet the eligibility
requirements instead of the owner of the vessel at the time the
landings occurred.
(3) Documentation of eligibility. The documentation requirements
described in this paragraph are the only acceptable
[[Page 16081]]
means for an owner to establish eligibility for an initial vessel
permit. Failure to meet the documentation requirements, including
submission of data as required, will result in failure to qualify for
an initial vessel permit. Acceptable sources of documentation include:
Landings documented by the trip ticket systems of Florida or South
Carolina as described in paragraph (a)(3)(i) of this section and data
substantiating landings that occurred prior to establishment of the
respective trip ticket systems or landings that occurred in North
Carolina or Georgia as described in paragraph (a)(3)(ii) of this
section.
(i) Trip ticket data. NMFS has access to records of golden crab
landings reported under the trip ticket systems in Florida and South
Carolina. No further documentation or submission of these records is
required if the applicant was the owner of the harvesting vessel at the
time of the landings documented by these records. Landings reported
under these trip ticket systems and received by the respective states
prior to December 31, 1995, are conclusive as to landings in the
respective states during the period that landing reports were required
or voluntarily submitted by a vessel. For such time periods, landings
data from other sources will not be considered for landings in these
states. An applicant will be given printouts of trip ticket records for
landings made when the applicant owned the harvesting vessel. An
applicant will have an opportunity to submit records they believe were
omitted or to clarify allocation of landings.
(ii) Additional landings data. (A) An owner of a vessel that does
not meet the criteria for initial eligibility for a vessel permit based
on landings documented by the trip ticket systems of Florida or South
Carolina may submit documentation of required landings that either
occurred prior to the implementation of the respective trip ticket
systems or occurred in North Carolina or Georgia. Acceptable
documentation of such landings consists of trip receipts or dealer
records that definitively show the species known as golden crab, the
vessel's name, official number, or other reference that clearly
identifies the vessel, and dates and amounts of golden crab landings.
In addition, a sworn affidavit may be submitted to document landings. A
sworn affidavit is a notarized written statement wherein the individual
signing the affidavit affirms under penalty of perjury that the
information presented is accurate to the best of his or her knowledge,
information, and belief.
(B) Documentation by a combination of trip receipts and dealer
records is acceptable, but duplicate records for the same landings will
not result in additional credit.
(C) Additional data submitted under paragraph (a)(3)(ii) of this
section must be attached to a Golden Crab Landings Data form, which is
available from the Regional Director, and must be postmarked not later
than 30 days after the publication date of the final rule implementing
the FMP.
(iii) Verification. Documentation of golden crab landings and other
information submitted under this section are subject to verification by
comparison with state, Federal, and other records and information.
Submission of false documentation or information may disqualify a
person from initial participation under the golden crab controlled
access program.
(4) Application procedure. Permit application forms are available
from the Regional Director. An application for an initial vessel permit
that is postmarked or hand-delivered after the date 30 days after
publication of the final rule implementing the FMP will not be
accepted. Application for renewal of an existing vessel permit may be
submitted up to 2 months prior to expiration. Application for transfer
of an existing vessel permit may be submitted at any time.
(i) An application for a vessel permit must be submitted and signed
by the owner (in the case of a corporation, an officer or shareholder
who meets the requirements of Sec. 686.4(a)(2); in the case of a
partnership, a general partner who meets these requirements) or
operator of the vessel. All permits are mailed to owners, whether the
applicant is an owner or an operator.
(ii) A permit applicant must provide the following information:
(A) A copy of the vessel's valid U.S. Coast Guard certificate of
documentation or, if not documented, a copy of its valid state
registration certificate.
(B) Vessel name and official number.
(C) Name, address, telephone number, and other identifying
information of the vessel owner and of the applicant, if other than the
owner.
(D) Documentation of initial eligibility as specified in paragraphs
(a)(2) and (a)(3) of this section.
(E) The designated fishing zone, as specified in paragraph (a)(8)
of this section, in which the vessel will fish.
(F) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas
requested by the Regional Director.
(G) Any other information that may be necessary for the issuance or
administration of the permit, as requested by the Regional Director and
included on the application form.
(5) Issuance. (i) Under the controlled access program, there will
be only one period for the issuance of vessel permits, except for
renewals or transfers of existing permits. The Regional Director will
issue an initial vessel permit to an applicant no later than 90 days
after publication of the final rule implementing the FMP if the
application is complete and the eligibility requirements specified in
paragraph (a)(2) of this section are met.
(ii) Upon receipt of an incomplete application, the Regional
Director will notify the applicant of the deficiency. If the applicant
fails to correct the deficiency within 30 days of the date of the
Regional Director's notification, the application will be considered
abandoned.
(6) Appeals. (i) An appeal of the Regional Director's decision
regarding initial permit eligibility will be addressed by an ad hoc
appeals committee appointed by the South Atlantic Fishery Management
Council.
(ii) The appeals committee is empowered only to deliberate whether
the eligibility criteria specified in paragraph (a)(2) of this section
were applied correctly to the appellant's application. In making that
determination, the appeals committee will consider only disputed
calculations and determinations based on documentation provided as
specified in paragraph (a)(3) of this section, including transfers of
such landings records. The appeals committee is not empowered to
consider whether a person should have been eligible for a vessel permit
because of hardship or other factors.
(iii) A written request for consideration of an appeal must be
submitted within 30 days of an initial decision by the Regional
Director denying permit issuance and must provide written documentation
supporting the basis for the appeal. Such a request must contain the
appellant's acknowledgment that the confidentiality provisions of the
Magnuson Act at 16 U.S.C. 1853(d) and 50 CFR part 603 are waived with
respect to any information supplied by the Regional Director to the
Council and its advisory bodies for purposes of receiving the
recommendations of the appeals committee members on the appeal. An
appellant may also make a personal appearance before the appeals
committee.
[[Page 16082]]
(iv) The appeals committee will meet only once to consider appeals
submitted within the time period specified in paragraph (a)(6)(iii) of
this section. Members of the appeals committee will provide their
individual recommendations for each appeal to the Regional Director.
Members of the appeals committee will comment upon whether the
eligibility criteria, specified in the FMP and in paragraph (a)(2) of
this section, were correctly applied in each case, based solely on the
available record, including documentation submitted by the appellant.
The Regional Director will decide the appeal based on the the initial
eligibility criteria in paragraph (a)(2) of this section and the
available record, including documentation submitted by the appellant
and the recommendations and comments from members of the appeals
committee. The Regional Director will notify the appellant of his
decision and the reason therefore, in writing, normally within 30 days
of receiving the recommendations from the appeals committee members.
The Regional Director's decision will constitute the final
administrative action by NMFS on an appeal.
(7) Display. A vessel permit issued pursuant to this section must
be carried on board the vessel, and such vessel must be identified as
provided for in Sec. 686.6. The operator of a vessel must present the
permit for inspection upon request of an authorized officer.
(8) Designated fishing zones. The EEZ is divided into three
designated fishing zones. A vessel owner must indicate on the permit
application which zone the vessel will fish. A vessel is restricted to
fishing in the zone for which it is permitted. In the EEZ, golden crab
may be possessed on board a vessel only in the zone for which the
vessel is permitted, except that other zones may be transited if the
vessel notifies NMFS Southeast Enforcement Division (telephone: 1-800-
286-1116) in advance and does not fish in an unpermitted zone. It is a
rebuttable presumption that all golden crab on board a vessel were
harvested from the EEZ. The designated fishing zones are defined as
follows:
(i) Northern zone--that portion of the EEZ north of 28 deg.N. lat.
to the North Carolina/Virginia boundary (36 deg.34'55'' N. lat.).
(ii) Middle zone--that portion of the EEZ from 25 deg.N. lat. to
28 deg.N. lat.
(iii) Southern zone--that portion of the EEZ south of 25 deg.N.
lat. to the boundary between the Atlantic Ocean and the Gulf of Mexico,
as specified in Sec. 601.11(c) of this chapter.
(9) Transfer. (i) A vessel permit may be transferred but, when
reissued by the Regional Director for the vessel, it will be designated
at the owner's request to authorize fishing for golden crab in either
the fishing zone indicated on the original permit or in the northern
zone.
(ii) An owner of a vessel with a valid golden crab permit may
transfer the permit or for use with another vessel by returning the
existing permit to the Regional Director along with an application for
a permit for the replacement vessel.
(iii) To obtain a permit via permit transfer, the owner of the
replacement vessel must submit to the Regional Director a valid permit
for a vessel with a documented length overall or permits for vessels
with documented aggregate length overall of at least 90 percent of the
documented length overall of the replacement vessel.
(10) Renewal. (i) Vessel permits will be effective for 1 year.
Application for permit renewal is required only every 2 years. In the
interim years, a vessel permit will be renewed automatically (without
application) if the renewal requirements under paragraph (a)(10)(ii)
are met. A permitted vessel owner who does not meet the renewal
requirements will be notified by the Regional Director approximately 2
months prior to the expiration of the current vessel permit. The
notification will specify the reasons the owner is not eligible for
permit renewal and will provide an opportunity for the owner to correct
the deficiencies. For years in which permit renewal application is
required, the Regional Director will mail an application form to each
permitted vessel owner approximately 2 months prior to expiration of
the current permit. Any vessel owner who does not receive a renewal
application must contact the Regional Director to obtain a renewal
application.
(ii) The vessel permit renewal requirements are:
(A) All reports required under the Magnuson Act for the vessel have
been submitted;
(B) The Science and Research Director has received reports for the
permitted vessel, as required by Sec. 686.5(a), documenting that at
least 5,000 lb (2,268 kg) of golden crab landed from the EEZ off the
southern Atlantic states has been attributed to the permitted vessel
during at least one of the two 12-month periods immediately prior to
the expiration date of the current vessel permit; and
(C) The vessel permit has not been revoked, suspended, or denied
under paragraph (e) of this section. (iii) An existing permit for a
vessel meeting the minimum golden crab landing requirement specified in
paragraph (a)(10)(ii) of this section may be renewed by following the
procedure specified in paragraph (a)(4) of this section. However,
documentation of the vessel's initial eligibility need not be
resubmitted.
(b) Dealer permits. (1) Applicability. A dealer who receives from a
fishing vessel golden crab harvested from the EEZ must obtain a dealer
permit for golden crab.
(2) Eligibility. To be eligible for a dealer permit, an applicant
must have a valid state wholesaler's license in the state where he or
she operates, if such license is required in that state, and must have
a physical facility at a fixed location in that state.
(3) Application procedure. (i) Permit application forms are
available from the Regional Director. An application for a dealer
permit must be submitted and signed by the dealer or an officer of a
corporation acting as a dealer. The application must be submitted to
the Regional Director at least 30 days prior to the desired effective
date of the permit.
(ii) A permit applicant must provide the following information:
(A) A copy of each state wholesaler's license held by the dealer.
(B) Business name; mailing address, including zip code, of the
principal office of the business; telephone number; employer
identification number, if one has been assigned by the Internal Revenue
Service; and date the business was formed.
(C) The address of each physical facility at a fixed location where
the business receives golden crab.
(D) Applicant's name; official capacity in the business; address,
including zip code; telephone number; and identifying information
specified on the application form.
(E) If the acquired dealership is currently permitted, the
application must be accompanied by the permit and a copy of a signed
bill of sale or equivalent acquisition papers.
(F) Any other information requested by the Regional Director that
may be necessary for the issuance or administration of the permit.
(4) Issuance. (i) The Regional Director will issue a dealer permit
if the application is complete and the specific requirements for the
requested permit have been met. An application is complete when the
Regional Director has received all required forms, information, and
documentation.
(ii) Upon receipt of an incomplete application, the Regional
Director will notify the applicant of the deficiency. If the applicant
fails to correct the
[[Page 16083]]
deficiency within 30 days of the date of the Regional Director's letter
of notification, the application will be considered abandoned.
(5) Display. A dealer permit issued pursuant to this section must
be available on the dealer's premises. A dealer must present the permit
for inspection upon request of an authorized officer.
(6) Transfer. A dealer permit issued under this section is not
transferable or assignable. A person who acquires a dealership who
desires to conduct activities for which a permit is required must apply
for a permit in accordance with the paragraph (b)(3) of this section.
(7) Renewal. Dealer permits will be effective for 1 year.
Application for permit renewal is required only every 2 years. In the
interim years, permits will be renewed automatically (without
application) if the dealer has submitted all reports required under the
Magnuson Act, and the dealer's permit has not been revoked, suspended,
or denied under paragraph (e) of this section. A permitted dealer who
does not meet the renewal requirements will be notified by the Regional
Director approximately 2 months prior to the expiration of the current
dealer permit. The notification will specify the reasons the dealer is
not eligible for permit renewal and will provide an opportunity for the
dealer to correct the deficiencies. For years in which permit renewal
application is required, the Regional Director will mail an application
form to each permitted dealer approximately 2 months prior to
expiration of the current permit. Any dealer who does not receive a
renewal application must contact the Regional Director to obtain a
renewal application.
(c) Fees. A fee is charged for each permit application submitted
pursuant to this section. The amount of the fee is calculated in
accordance with the procedures of the NOAA Finance Handbook for
determining the administrative costs of each special product or
service. The fee may not exceed such costs and is specified with each
application form. The appropriate fee must accompany each application.
(d) Duration. A permit remains valid for the period for which it is
issued unless revoked, suspended, or modified pursuant to subpart D of
15 CFR part 904.
(e) Sanctions and denials. A permit issued pursuant to this section
may be revoked, suspended, or modified, and a permit application may be
denied, in accordance with the procedures governing enforcement-related
permit sanctions and denials found at subpart D of 15 CFR part 904.
(f) Alteration. A permit that is altered, erased, or mutilated is
invalid.
(g) Replacement. The Regional Director may issue a replacement
permit. An application for a replacement permit will not be considered
a new application. A fee, the amount of which is stated with the
application form, must accompany each request for a replacement permit.
(h) Change in application information. The owner or operator of a
vessel with a permit for golden crab or a dealer with a permit issued
pursuant to this section must notify the Regional Director within 15
days after any change in the application information required by
paragraphs (a)(4) or (b)(2) of this section. The permit is void if any
change in the information is not reported within 15 days.
Sec. 686.5 Recordkeeping and reporting.
(a) Permitted vessels. The owner or operator of a vessel for which
a permit for golden crab has been issued, as required by
Sec. 686.4(a)(1), and that is selected by the Science and Research
Director must maintain a daily logbook form for each fishing trip on a
form available from the Science and Research Director. Among other
things, information to be reported includes a record of fishing
locations, time fished, fishing gear used, amount of golden crab
caught, numbers of each species discarded, and such basic economic data
as may be included on the form. Logbook forms must be submitted to the
Science and Research Director, and must be delivered or postmarked not
later than 30 days after sale of the golden crab off-loaded from a
trip. If no fishing occurred during a month, a report so stating must
be submitted in accordance with instructions provided with the forms.
(b) Dealers. A dealer with a permit required by Sec. 686.4(b)(1)
who is selected by the Science and Research Director must provide
information on receipts of golden crab and prices paid, to the Science
and Research Director at monthly intervals, postmarked not later than 5
days after the end of each month. Such information must be submitted at
more frequent intervals if requested by the Science and Research
Director.
(c) Additional data and inspection. Additional data will be
collected by authorized statistical reporting agents, as designees of
the Science and Research Director, and by authorized officers. An owner
or operator of a fishing vessel and a dealer possessing golden crab in
or from the EEZ are required upon request to make golden crab, or parts
thereof, available for inspection by the Science and Research Director
or an authorized officer.
Sec. 686.6 Vessel and gear identification.
(a) Official number. The owner and operator of a vessel with a
valid permit, as required under Sec. 686.4, must ensure that the
vessel's official number is displayed--
(1) On the port and starboard sides of the deckhouse or hull, and
on a weather deck, so as to be clearly visible from an enforcement
vessel or aircraft;
(2) In block arabic numerals in contrasting color to the
background;
(3) At least 18 inches (45.7 cm) in height for fishing vessels over
65 ft (19.8 m) in length and at least 10 inches (25.4 cm) in height for
all other vessels; and
(4) Permanently affixed to or painted on the vessel.
(b) Duties of operator. The operator of a vessel with a valid
vessel permit, as required under Sec. 686.4, must--
(1) Keep the official number clearly legible and in good repair;
and
(2) Ensure that no part of the fishing vessel, its rigging, fishing
gear, or any other material aboard obstructs the view of the official
number from an enforcement vessel or aircraft.
(c) Traps. Each golden crab trap used or possessed in the EEZ must
have the vessel permit number permanently affixed. Trap tags with
permit numbers are available from the Regional Director at cost, but
they are not required. Any method of permanently affixing a legible
permit number to a trap so as to be easily distinguished, located, and
identified is acceptable.
(d) Buoys. The use of buoys to identify golden crab traps is not
required. However, if a buoy is used to identify a trap, the buoy must
display the vessel permit number so as to be easily distinguished,
located, and identified. The permit number must be affixed to the buoy
in legible figures at least 2 inches (5.1 cm) in height.
(e) Presumption of ownership. A golden crab trap in the EEZ will be
presumed to be the property of the most recently documented owner. This
presumption will not apply with respect to traps that are lost or sold
if the owner reports the loss or sale within 15 days to the Regional
Director.
(f) Unmarked traps. An unmarked golden crab trap deployed in the
EEZ is illegal. It may be considered abandoned and may be disposed of
in any appropriate manner by the Regional Director. If an owner of an
unmarked or improperly marked trap can be determined, such owner is
subject to appropriate civil penalties.
[[Page 16084]]
Sec. 686.7 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) Fish for, possess, or sell golden crab in or from the EEZ
without a valid vessel permit, as specified in Sec. 686.4(a)(1).
(b) As a dealer, receive golden crab from the EEZ without a valid
dealer permit, as specified in Sec. 686.4(b)(1).
(c) Falsify information specified in Sec. 686.4(a)(4)(ii) or
(b)(3)(ii) on an application for a permit.
(d) Fail to display or present a permit, as specified in
Sec. 686.4(a)(7) or (b)(5).
(e) Fish for or possess golden crab in or from the EEZ in a
designated fishing zone other than the zone for which the vessel is
permitted, except as specified in Sec. 686.4(a)(8).
(f) Falsify or fail to maintain, submit, or provide information
required to be maintained, submitted, or provided, as specified in
Sec. 686.5(a) through (c), or as may be required by Sec. 686.25.
(g) Fail to make a golden crab in or from the EEZ, or parts
thereof, available for inspection, as specified in Sec. 686.5(c).
(h) Falsify or fail to display and maintain vessel and gear
identification, as required by Sec. 686.6(a) through (d).
(i) Fail to carry an observer on a trip when selected, as specified
in Sec. 686.10(a).
(j) Falsify or fail to provide requested information regarding a
vessel's trip, as specified in Sec. 686.10(b).
(k) Assault, resist, oppose, impede, harass, intimidate, or
interfere with a NMFS-approved observer aboard a vessel.
(l) Prohibit or bar by command, impediment, threat, coercion, or
refusal of reasonable assistance, an observer from conducting his or
her duties aboard a vessel.
(m) Fail to provide an observer with the required food,
accommodations, access, and assistance, as specified in Sec. 686.10(c).
(n) Possess or land golden crab in or from the EEZ in other than
whole condition, as specified in Sec. 686.21(a).
(o) Possess on board a vessel or land female golden crabs in or
from the EEZ in excess of the maximum amount specified in
Sec. 686.21(b).
(p) Possess any species of fish in the snapper-grouper fishery in
whole, gutted, or filleted form on board a vessel fishing for or
possessing golden crab in or from the EEZ, as specified in
Sec. 686.21(c).
(q) Engage in a directed fishery for golden crab in the EEZ with
unauthorized gear or retain golden crab in or from the EEZ on board a
vessel possessing or using unauthorized gear, as specified in
Sec. 686.22(a).
(r) Use or possess in the EEZ a golden crab trap in excess of the
maximum size specified in Sec. 686.22(b).
(s) Use or possess in the EEZ a golden crab trap not in conformance
with the required escape mechanisms, as specified in Sec. 686.22(c).
(t) Use a golden crab trap in the EEZ in depths less than the
minimum depths specified in Sec. 686.22(d).
(u) Pull or tend another person's golden crab trap, except as
specified in Sec. 686.22(e).
(v) Sell, trade, or barter or attempt to sell, trade, or barter
golden crab harvested in the EEZ to a dealer who does not have a
permit, as specified in Sec. 686.23(b).
(w) Purchase, trade, or barter or attempt to purchase, trade, or
barter golden crab harvested in the EEZ unless the harvesting vessel
has a permit for golden crab, as specified in Sec. 686.23(c).
(x) Sell, trade, or barter or attempt to sell, trade, or barter a
female golden crab in or from the EEZ, as specified in Sec. 686.23(d).
(y) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of golden crab.
(z) 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. 686.8 Facilitation of enforcement.
See Sec. 620.8 of this chapter.
Sec. 686.9 Penalties.
See Sec. 620.8 of this chapter.
Sec. 686.10 At-sea observer coverage.
(a) If a vessel's trip is selected by the Science and Research
Director for observer coverage, the owner or operator of such vessel
must carry a NMFS-approved observer.
(b) When notified in writing by the Science and Research Director
that his or her vessel has been selected to carry an NMFS-approved
observer, an owner or operator of a vessel for which a vessel permit
has been issued under Sec. 686.4 must advise the Science and Research
Director in writing not less than 5 days in advance of each trip of the
following:
(1) Departure information (port, dock, date, and time); and
(2) Expected landing information (port, dock, and date).
(c) An owner or operator of a vessel on which a NMFS-approved
observer is embarked must--
(1) Provide accommodations and food that are equivalent to those
provided to the crew;
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's duties;
(3) Allow the observer access to and use of the vessel's navigation
equipment and personnel upon request to determine the vessel's
position;
(4) Allow the observer free and unobstructed access to the vessel's
bridge, working decks, holding bins, weight scales, holds, and any
other space used to hold, process, weigh, or store golden crab; and
(5) Allow the observer to inspect and copy the vessel's log,
communications logs, and any records associated with the catch and
distribution of golden crab for that trip.
Subpart B--Management Measures
Sec. 686.20 Fishing year.
The fishing year for golden crab begins on January 1 and ends on
December 31.
Sec. 686.21 Harvest and possession limitations.
(a) Carcass condition. A golden crab possessed in or from the EEZ
must remain in whole condition through landing.
(b) Female crabs. It is intended that no female golden crabs in or
from the EEZ be retained on board a vessel and that any female golden
crab in or from the EEZ be released in a manner that will ensure
maximum probability of survival. However, to accommodate legitimate
incidental catch and retention, a maximum incidental catch allowance is
established. The number of female golden crabs in or from the EEZ
retained on board a vessel may not exceed 0.5 percent, by number, of
all golden crabs on board. See Sec. 686.23(d) regarding the prohibition
of sale of female golden crabs.
(c) Snapper-grouper species. No person aboard a vessel fishing for
or possessing golden crab in or from the EEZ or possessing golden crab
traps may possess any species of fish in the snapper-grouper fishery in
whole, gutted, or filleted form. Only the head, fins, and backbone
(collectively the ``rack'') of these species may be possessed for use
as bait. See 50 CFR 646.2 for the definition of fish in the snapper-
grouper fishery.
Sec. 686.22 Gear restrictions.
(a) Authorized gear. Traps are the only fishing gear authorized in
the
[[Page 16085]]
directed golden crab fishery in the EEZ. Rope is the only material
allowed to be used for mainlines and buoy lines, except that wire cable
will be allowed for these purposes for 18 months after [publication of
the final rule implementing the FMP]. Golden crab in or from the EEZ
may not be retained on board a vessel possessing or using unauthorized
gear.
(b) Maximum trap size. The maximum volume of a trap deployed or
possessed in the EEZ is 64 cubic feet (ft3) (1.81 cubic meters
(m3)) in the northern zone and 48 ft3 (1.36 m3) in the
middle and southern zones. See Sec. 686.4(a)(8) for a description of
the respective zones.
(c) Trap escape mechanisms. (1) Escape gaps. Each trap must have at
least one escape gap or escape ring on each of two opposite vertical
sides. The minimum inside dimensions of an escape gap are 2.75 by 3.75
inches (6.99 by 9.53 cm); the minimum inside diameter of an escape ring
is 4.5 inches (11.4 cm).
(2) Biodegradable escape mechanism. In addition to the escape gaps
required by paragraph (c)(1) of this section, each trap, except as
noted in paragraph (c)(3) of this section, must have a biodegradable
escape panel or door measuring at least 12 by 12 inches (30.5 by 30.5
cm), located on at least one side, excluding top and bottom. The hinges
and fasteners of each door or panel must be made of one of the
following degradable materials:
(i) Ungalvanized or uncoated iron wire no larger than 19-gauge or
0.041-inch (0.10-cm) diameter;
(ii) Untreated cotton string of 3/1609inch (0.4809cm) diameter or
smaller.
(3) Traps constructed of webbing. The provisions of paragraph
(c)(2) of this section notwithstanding, traps constructed of webbing
must have an opening (slit) at least 1 foot (30.5 cm) in length that
may be closed (relaced) only with cotton string of 3/1609inch
(0.4809cm) diameter or smaller.
(d) Depth limitations. In the northern zone, traps may not be
deployed in waters of less than 900 ft (274 m) depth. In the middle and
southern zones, traps may not be deployed in waters of less than 700 ft
(213 m) depth. See Sec. 686.4(a)(8) for a description of the respective
zones.
(e) Tending traps. A golden crab trap may be pulled or tended only
by a person (other than an authorized officer) aboard the vessel
permitted to fish such trap, or aboard another vessel if such vessel
has on board written consent of the vessel permit holder and possesses
a valid golden crab vessel permit.
Sec. 686.23 Restrictions on sale.
(a) No person may purchase, barter, trade, or sell, or attempt to
purchase, barter, trade, or sell, a golden crab harvested in the EEZ by
a vessel for which a valid permit has not been issued under Sec. 686.4.
(b) No person may sell, trade, or barter, or attempt to sell,
trade, or barter, a golden crab harvested in the EEZ by a vessel
permitted under Sec. 686.4 to a dealer who does not have a valid permit
issued under Sec. 686.4.
(c) No dealer who has a valid permit issued under Sec. 686.4 may
purchase, trade, or barter, or attempt to purchase, trade, or barter, a
golden crab harvested in the EEZ from a vessel for which a valid permit
has not been issued under Sec. 686.4.
(d) The sale, trade or barter or attempted sale, trade, or barter
of a female golden crab harvested from the EEZ is prohibited.
Sec. 686.24 Adjustment of management measures.
In accordance with the procedures and limitations of the FMP, the
Regional Director may establish or modify the following items relating
to the golden crab fishery: Maximum sustainable yield, acceptable
biological catch, total allowable catch, quotas (including quotas equal
to zero), trip limits, minimum sizes, gear regulations and
restrictions, permit requirements, seasonal or area closures, time
frame for recovery of golden crab if overfished, fishing year
(adjustment not to exceed 2 months), observer requirements, and
authority for the Regional Director to close the fishery when a quota
is reached or is projected to be reached.
Sec. 686.25 Specifically authorized activities.
The Assistant Administrator may authorize, for the acquisition of
information and data, activities otherwise prohibited by this part. In
addition, the Regional Director may issue a permit for experimental
fishing, provided that, as a condition of such permit, data on the gear
used and fish caught in such experimental fishing is maintained and
provided to the Science and Research Director.
[FR Doc. 96-9059 Filed 4-10-96; 8:45 am]
BILLING CODE 3510-22-F
