[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Proposed Rules]
[Pages 17866-17871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9882]
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DEPARTMENT OF COMMERCE
50 CFR Part 659
[Docket No. 960409106-6106-01; I.D. 031196A]
RIN 0648-AG26
Shrimp Fishery Off the Southern Atlantic States; Amendment 1
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 Amendment 1 to the
Fishery Management Plan for the Shrimp Fishery of the South Atlantic
Region (FMP). Amendment 1 would: add rock shrimp to the FMP's
management unit; prohibit trawling for rock shrimp in an area off the
Florida east coast; require permits for dealers, vessels, and vessel
operators involved in the rock shrimp fishery; require dealers to
report information needed to monitor the fishery; and require that the
initial sale, trade, barter, or transfer of rock shrimp harvested from
the exclusive economic zone (EEZ) occur only between permitted dealers
and permitted vessels. Based on a preliminary evaluation of Amendment
1, NMFS disapproved the measure requiring a vessel operator permit. The
proposed rule would implement the remaining measures in Amendment 1.
The intended effect is to protect critical habitat and conserve and
manage the rock shrimp fishery.
DATES: Written comments must be received on or before June 7, 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 Amendment 1, which includes a regulatory
impact review, an initial regulatory flexibility analysis (IRFA), a
social impact analysis, and an environmental assessment, should be sent
to the South Atlantic Fishery Management Council, (South Atlantic
Council) One Southpark Circle, Suite 306, Charleston, SC 29407-4699,
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
Council and is implemented through regulations at 50 CFR part 659 under
the authority of the Magnuson Act. Add Rock Shrimp to the Management
Unit
In the FMP, rock shrimp are included as part of the fishery, but
they are not included in the management unit, because there are no
management measures specific to rock shrimp. Amendment 1 contains
management measures applicable to rock shrimp, including closing one
area to trawling, and permitting and reporting requirements; therefore,
rock shrimp would be included in the management unit.
Area Closed to Rock Shrimp Trawling
Amendment 1 proposes to prohibit trawling for rock shrimp between
27 deg.30' N. lat. and 28 deg.30' N. lat. in the area extending
shoreward of the 100-fathom (183-m) depth contour (as shown on the
latest edition of NOAA chart 11460) to 80 deg.00' W. long. The Council
is proposing this measure to minimize the impacts of rock shrimp
trawling on important live-bottom habitat, including the slow-growing,
fragile Oculina coral species in and adjacent to the Oculina Bank
Habitat Area of Particular Concern (HAPC).
Oculina coral is fragile and particularly vulnerable to damage due
to bottom trawling. The largest known concentrations of Oculina occur
in a narrow band extending from Cape Canaveral, FL south through the
HAPC. The Oculina formations provide
[[Page 17867]]
important habitat for rock shrimp, fishes in the snapper-grouper
fishery, and numerous other species.
Testimony at public hearings indicated that some rock shrimp trawl
activity has shifted south of Cape Canaveral since 1991, exposing the
Oculina to trawl damage. Prohibition of rock shrimp trawling in the
designated area would extend protection of the valuable Oculina habitat
to the north and east of the existing HAPC, thereby preventing trawl
damage to habitat that is currently unprotected and also enhancing the
integrity of the existing HAPC.
Dealer Permit Requirement
Amendment 1 would require a dealer involved in the rock shrimp
fishery to obtain an annual dealer permit. A dealer would be defined as
the person who first receives rock shrimp harvested from the EEZ. 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
if a license is required by that state, and have a physical facility
for the receipt of rock shrimp at a fixed location in that state. A fee
would be charged to cover the administrative cost of issuing the
permit. A dealer permit would not be transferable and would expire upon
change of ownership of the business.
Dealer permits are proposed to identify the universe of dealers
involved in the rock shrimp fishery and to facilitate collection of
data necessary to manage the fishery. The Council believes that this
permit requirement would help ensure accurate dealer reporting, improve
enforcement of the regulations by increasing dealer accountability,
provide a means to improve communications among participants in the
fishery management process, and improve understanding of the economic
characteristics of the fishery.
Vessel Permit Requirement
For a person aboard a vessel to fish for or possess rock shrimp
from the EEZ, an annual vessel permit would be required. A fee would be
charged to cover the administrative costs associated with issuing the
permit. The vessel permit requirement would identify the universe of
participants in the harvesting sector of the fishery. The Council
believes that the permit requirement would also help provide
information necessary to assess impacts of fishing on the resource and
associated habitats.
Vessel Operator Permit Requirement--Disapproved Measure
One measure in Amendment 1 would have required a vessel operator
fishing for rock shrimp in the EEZ to obtain a vessel operator permit.
An operator would have been defined as the master or other individual
aboard who is in charge of the vessel. No performance or competency
testing would be required to obtain a permit. A fee would have been
charged to cover the administrative costs associated with issuing the
permit.
The vessel operator permit requirement was proposed initially by
the Council's Ad Hoc Rock Shrimp Advisory Panel and was subsequently
adopted by the Council for inclusion in Amendment 1. The permit
requirement was intended to instill vessel operators with greater
responsibility and accountability regarding compliance with fishery
regulations. The Council believes that revocation of an operator's
permit would be more effective than existing penalties in deterring
fishery violations.
NMFS has determined that the requirement for a vessel operator
permit would not minimize costs and is inconsistent with the Magnuson
Act's national standard 7 that requires conservation and management
measures to minimize costs and avoid unnecessary duplication where
practicable. NMFS believes that adequate regulatory compliance can be
achieved via the existing penalty schedule without incurring the
additional costs and public paperwork burden that would be associated
with implementing a new class of permits. Accordingly, the Director,
Southeast Region, NMFS (Regional Director) has disapproved this
provision of Amendment 1, and it is not included in this proposed rule.
The Regional Director has determined that this provision is not a
matter of sufficient scope and substance warranting review under
section 304(a)(1)(A) of the Magnuson Act.
Dealer Reporting
Permitted 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 as necessary to address specific issues.
A permitted dealer who is selected by the Science and Research
Director, Southeast Fisheries Center, NMFS (Science and Research
Director) would be required to provide information on receipts and
prices paid for rock shrimp to the Science and Research Director in
accordance with instructions provided on the reporting form. Such
information would be submitted 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. To minimize duplication, 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.
Restrictions on Sale
Restrictions on sale of rock shrimp 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 rock shrimp
harvested in the EEZ by a permitted vessel be sold, traded, bartered,
or transferred only to a permitted dealer. Similarly, a permitted
dealer would be allowed to purchase, barter, trade, or transfer rock
shrimp harvested from the EEZ only from a permitted vessel.
Availability of Amendment 1
Additional background and rationale for the measures discussed
above are contained in Amendment 1, the availability of which was
announced in the Federal Register on March 19, 1996 (61 FR 11181).
Classification
Section 304(a)(1)(D) of the Magnuson Act requires publication of
regulations proposed by a regional fishery management council within 15
days of receipt of an amendment and regulations. At this time, NMFS has
not determined that Amendment 1 is consistent with the national
standards, other provisions of the Magnuson Act, and other applicable
laws, except for the provision of Amendment 1 specifically disapproved,
as discussed above. NMFS, in making that determination with respect to
the remaining parts of Amendment 1, will take into account the data,
views, and comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Council prepared an IRFA which describes the impacts this
proposed rule would have on small entities, if adopted. The Council
concluded that
[[Page 17868]]
the proposed measures in Amendment 1 would have a significant economic
impact on a substantial number of small entities. These impacts, as
assessed in the IRFA, may be summarized as follows. All of the
commercial rock shrimp vessel owners and dealers are small entities
that would be affected by one or more actions in the proposed rule. The
south Atlantic rock shrimp fishery may have as many as 108 active
vessels according to Florida's landings data, although industry
representatives indicate that the number of vessels participating
throughout the season may be closer to 65. The Council estimates that
currently there are about 12 dealers actively buying rock shrimp from
fishing vessels. It is noted that over 95 percent of rock shrimp
harvested in the south Atlantic region occur in the EEZ off the east
coast of Florida.
The IRFA identified the following impacts on small entities in
terms of costs and revenues: (1) The addition of rock shrimp to the FMP
management unit should not result in any changes in operating revenues
or costs for individual vessels in the commercial fishery; (2) the
prohibition of trawling for rock shrimp in the closed area off the
Florida east coast may cause a reduction in annual gross revenues of
current rock shrimp fishery participants by more than 5 percent.
Although total annual rock shrimp catches by area are not available
from NMFS or State sources, 34 participants in the fishery reported
their 1994 landings by area fished during the public hearings process.
These participants reported a catch of 1,128,624 pounds of rock shrimp
from the area to be closed. This represents 25 percent of their total
1994 catch of rock shrimp from the South Atlantic and is 17 percent of
the total 1994 catch of rock shrimp of all harvesters as reported in
NMFS data. Using an average ex-vessel price of $1.25 per pound, the
value of the harvest by the 34 participants reporting catch by area is
expected to decline $1.41 million in the first year. These data do not
indicate the total estimated catch or revenue effect from closing the
area since, as indicated above, reliable data on catch locations for
all fishery participants are not available. The IRFA indicates that
many of the freezer-trawler vessels participating in the fishery in
1994 may show a reduction in harvest income somewhat in excess of
$40,000 per vessel during the first year of the area closure. Rock
shrimp are known to move throughout the area off the east coast of
Florida. Thus, it is likely that some of the shrimp initially located
within the closed area may move to other areas where they may be
harvested. The impacted rock shrimp vessels are expected to shift
fishing effort away from the closed area to open areas. The extent to
which they can successfully shift effort will determine how well they
can minimize adverse impacts. If vessels have to travel extra distances
to the open fishing areas, they would incur additional operating costs.
This may not result in a reduction in net revenue for vessels that can
catch larger size shrimp yielding higher exvessel prices. Also, many
vessels participate in other fisheries when they are not fishing for
rock shrimp; it is likely that they may switch effort to these other
fisheries during the time they would have been trawling for shrimp in
the closed area. For these reasons, the above estimates of adverse
economic impacts on small entities from the closed area should be
considered maximum levels. Nevertheless, it is reasonable to assume
that the 5 percent criterion for significant effects will be met for
the small entities participating in the rock shrimp fishery in the U.S.
South Atlantic. Finally, no small entities are expected to be forced to
cease operations; (3) permit requirements for vessel owners, vessel
operators, and dealers would increase costs for those sectors; (4)
dealer reporting requirements would increase dealer costs marginally;
and (5) restrictions on the sale of rock shrimp (i.e., permitted
vessels may sell rock shrimp only to permitted dealers) would decrease
revenues and increase costs marginally.
In deciding on its preferred management measures for this rule, the
Council attempted to balance the competing objectives of providing
protection for important habitat areas known to support important
populations of juvenile rock shrimp and other valuable species, such as
snappers, with the possible adverse economic effects on current fishery
participants. The Council believes that Amendment 1 will reduce fishery
related habitat damage and ensure successful recruitment of rock shrimp
to the fishery over the long run as well as protecting the biological
productivity of the snapper-grouper complex. The Council believes that
without these conservation measures, the potential long-term, adverse
economic effects on small entities would outweigh the short-term
effects. A copy of the IRFA is available from the Council (see
ADDRESSES).
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.
This rule contains new collection-of-information requirements
subject to the PRA--namely, vessel permit applications, dealer permit
applications, dealer reports regarding rock shrimp receipts, and vessel
identification requirements. These requirements have been submitted to
OMB for approval. The public reporting burdens for these collections of
information are estimated to average 20, 5, 10, and 45 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 collection 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 Part 659
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 16, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 659 is
proposed to be amended as follows:
PART 659--SHRIMP FISHERY OFF THE SOUTHERN ATLANTIC STATES
1. The authority citation for part 659 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 659.1 [Amended]
2. In Sec. 659.1, paragraph (b) is amended by adding the phrase
``rock shrimp,'' after ``pink shrimp,''.
3. In Sec. 659.2, definitions for ``Authorized statistical
reporting agent'', ``Dealer'', ``Regional Director'', ``Rock shrimp'',
and ``Science and Research Director'' are added, in alphabetical order,
to read as follows:
Sec. 659.2 Definitions.
* * * * *
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 that has entered into an agreement with the Assistant
Administrator to collect fishery data.
* * * * *
[[Page 17869]]
Dealer, for the purposes of this part 659, means the person who
first receives rock shrimp harvested from the EEZ upon transfer ashore.
* * * * *
Regional Director means the Director, Southeast Region, NMFS, or a
designee.
Rock shrimp means the species Sicyonia brevirostris.
Science and Research Director means the Science and Research
Director, Southeast Fisheries Science Center, NMFS, or a designee.
* * * * *
4. Section 659.3 is revised to read as follows:
Sec. 659.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in
Sec. 620.3 of this chapter and paragraph (b) of this section.
(b) Regulations governing the taking of endangered and threatened
marine mammals and sea turtles appear at 50 CFR parts 222 and 227.
Secs. 659.4, 659.5, 659.6 [Redesignated as Secs. 659.7, 659.8, 659.9]
5. In subpart A, Secs. 659.4, 659.5, and 659.6 are redesignated as
Secs. 659.7, 659.8, and 659.9, respectively; new Secs. 659.4, 659.5,
and 659.6 are added; and newly redesignated Sec. 659.7 is revised to
read as follows:
Sec. 659.4 Permits and fees.
(a) Applicability--(1) Annual vessel permit for rock shrimp. For a
person aboard a fishing vessel to fish for rock shrimp in the EEZ or
possess rock shrimp in or from the EEZ, a vessel permit for rock shrimp
must be issued for the vessel and be on board.
(2) Annual dealer permit for rock shrimp. A dealer who receives
rock shrimp harvested from the EEZ must obtain an annual dealer permit
for rock shrimp. To be eligible for such permit, an applicant must have
a valid state wholesaler's license, if required in the state where the
applicant operates, and must have a physical facility for receipt of
rock shrimp at a fixed location in that state.
(b) Application for an annual vessel permit for rock shrimp. (1)
Applications are available from the Regional Director. An application
must be signed and submitted by the owner (in the case of a
corporation, an officer or shareholder; in the case of a partnership, a
general partner) or operator of the vessel. The application should be
submitted to the Regional Director at least 30 days prior to the date
the applicant desires the permit to be effective.
(2) A permit applicant must provide the following information:
(i) 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.
(ii) Vessel name and official number.
(iii) Name, address, telephone number, and other identifying
information of the vessel owner and of the applicant, if other than the
owner.
(iv) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas
requested by the Regional Director.
(v) 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.
(c) Application for an annual dealer permit for rock shrimp. (1)
Applications 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 should be
submitted to the Regional Director at least 30 days prior to the date
the applicant desires the permit to be effective.
(2) A permit applicant must provide the following information:
(i) A copy of each state seafood wholesaler's license held by the
dealer.
(ii) 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.
(iii) The address of each physical facility at a fixed location
where the business receives rock shrimp.
(iv) Applicant's name; official capacity in the business; address;
including zip code; telephone number; and identifying information
specified on the application form.
(v) 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.
(d) 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.
(e) Initial issuance. (1) The Regional Director will issue an
initial permit at any time to an applicant if the application is
complete and the specific requirements for the requested permit have
been met. An application is complete when all required forms,
information, documentation, and fees have been received.
(2) 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 letter of notification, the application will be
considered abandoned.
(f) 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.
(g) Renewal. (1) A permit required by this section will be
effective for 1 year. Application for permit renewal is required only
every 2 years. In the interim year, a permit will be renewed
automatically (without application) if a vessel owner or a dealer has
met the renewal requirements under paragraph (g)(2) of this section.
The owner of a permitted vessel or 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 permit.
The notification will specify the reasons the permit is not eligible
for renewal and will provide an opportunity for correction of any
deficiencies. For a year in which permit renewal application is
required, the Regional Director will mail an application form to each
owner of a permitted vessel or permitted dealer approximately 2 months
prior to expiration of the current permit. A vessel owner or dealer who
does not receive a renewal application in that time frame must contact
the Regional Director to obtain a renewal application.
(2) The permit renewal requirements are:
(i) All reports required of an owner of a vessel or a dealer under
the Magnuson Act have been submitted.
(ii) The permit has not been revoked, suspended, or denied under
paragraph (j) of this section.
(h) Transfer. A vessel or dealer permit issued pursuant to this
section is not transferable or assignable. A person obtaining a
permitted vessel or dealership who desires to conduct activities for
which a permit is required must apply for a permit in accordance with
the provisions of paragraph (b) or (c) of this section, as appropriate.
(i) 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. 659.6. A dealer permit issued pursuant
[[Page 17870]]
to this section must be available on the dealer's premises. The
operator of a vessel or a dealer must present the permit for inspection
upon request of an authorized officer.
(j) 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.
(k) Alteration. A permit that is altered, erased, or mutilated is
invalid.
(l) 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.
(m) Change in application information. The owner or operator of a
vessel with a permit for rock shrimp or a dealer with a permit for rock
shrimp must notify the Regional Director within 15 days after any
change in the application information required by paragraph (b) or (c)
of this section, respectively. The permit is void if any change in the
information is not reported within 15 days.
Sec. 659.5 Recordkeeping and reporting.
(a) Dealers. A dealer who has been issued a permit required by
Sec. 659.4(a)(2) and who is selected by the Science and Research
Director must provide information on receipts of rock shrimp and prices
paid, to the Science and Research Director in accordance with
instructions on the reporting form. The required information must be
submitted at monthly intervals, or more frequently if requested,
postmarked not later than 5 days after the end of each month.
(b) Additional data and inspection. (1) Additional data will be
collected by authorized statistical reporting agents or by authorized
officers. A dealer is required, upon request, to make rock shrimp, or
parts thereof, available for inspection by the Science and Research
Director or an authorized officer.
(2) On demand, a dealer must make available to an authorized
officer all records of off-loadings, purchases, barters, or sales of
rock shrimp.
Sec. 659.6 Vessel identification.
(a) Official number. The owner and operator of a vessel with a
valid permit, as required under Sec. 659.4(a)(1) 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 feet (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 each fishing vessel
specified in paragraph (a) of this section 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 on board obstructs the view of the official
number from an enforcement vessel or aircraft.
Sec. 659.7 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 rock shrimp in the EEZ or possess rock shrimp in or
from the EEZ, on board a vessel that does not have a vessel permit for
rock shrimp, as specified in Sec. 659.4(a)(1).
(b) As a dealer, receive rock shrimp harvested from the EEZ without
a dealer permit, as specified in Sec. 659.4(a)(2).
(c) Falsify information specified in Sec. 659.4(b)(2), or (c)(2) on
an application for a permit.
(d) Fail to display a permit, as specified in Sec. 659.4(h).
(e) Falsify or fail to maintain, submit, or provide information
required to be maintained, submitted, or provided, as specified in
Sec. 659.5(a) or (b), or as may be required as a condition of an
authorized activity under Sec. 659.22.
(f) Fail to make rock shrimp, or parts thereof, available for
inspection, as specified in Sec. 659.5(b)(1).
(g) Falsify or fail to display and maintain vessel identification,
as specified in Sec. 659.6(a) and (b).
(h) Trawl for white shrimp, pink shrimp, or brown shrimp in a
closed area or possess such shrimp in or from a closed area, as
specified in Sec. 659.20(a)(2)(i)(A), except possession authorized
under Sec. 659.20(a)(2)(ii).
(i) Use or have on board a vessel trawling in that part of a closed
area specified under Sec. 659.20(a)(1) that is within 25 nautical miles
(46.30 km) of the baseline from which the territorial sea is measured,
a trawl net with a mesh size less than 4 inches (10.2 cm), as specified
in Sec. 659.20(a)(2)(i)(B).
(j) Trawl for rock shrimp in the closed area specified in
Sec. 659.20(b) or possess on board a fishing vessel rock shrimp in or
from that closed area.
(k) Transfer, receive, sell, purchase, barter, or trade, or attempt
to transfer, receive, sell, purchase, barter, or trade a rock shrimp
harvested from the EEZ from a vessel that does not have a valid permit,
as specified in Sec. 659.21(a).
(l) Transfer, sell, trade, or barter or attempt to transfer, sell,
trade, or barter from a vessel rock shrimp harvested from the EEZ to a
dealer who does not have a permit, as specified in Sec. 659.21(b).
(m) As a permitted dealer, receive, purchase, barter, or trade or
attempt to receive, purchase, barter, or trade rock shrimp harvested
from the EEZ from a vessel that does not have a valid permit, as
specified in Sec. 659.21(c).
(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.
(o) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of brown shrimp, pink shrimp, rock
shrimp, or white shrimp.
6. In Sec. 659.20, paragraphs (a), (b), (b)(1), (b)(1)(i),
(b)(1)(ii), and (b)(2) are redesignated as paragraphs (a)(1), (a)(2),
(a)(2)(i), (a)(2)(i)(A), (a)(2)(i)(B), and (a)(2)(ii), respectively; in
newly redesignated paragraph (a)(2)(i), introductory text, the
reference ``paragraph (a)'' is removed and ``paragraph (a)(1)'' is
added in its place; in newly redesignated paragraphs (a)(2)(i)(A) and
(a)(2)(ii), the reference ``paragraph (b)(2)'' is removed and the
reference ``paragraph (a)(2)(ii)'' is added in its place; and a new
paragraph (a) heading and new paragraph (b) are added to read as
follows:
Sec. 659.20 Closures.
(a) Seasonal closures for brown, pink, and white shrimp.
* * * * *
(b) Area closure for rock shrimp. No person may trawl for rock
shrimp in the closed area east of 80 deg.00' W. long. between
27 deg.30' N. lat. and 28 deg.30' N. lat. shoreward of the 100-fathom
(183-m) contour, as shown on the latest edition of NOAA chart 11460;
and no person may possess rock shrimp in or from this closed area on
board a fishing vessel.
7. Section 659.21 is redesignated as Sec. 659.22 and a new
Sec. 659.21 is added to read as follows:
Sec. 659.21 Restrictions on sale/purchase of rock shrimp.
(a) No person may transfer, receive, purchase, barter, trade, or
sell, or attempt to transfer, receive, purchase,
[[Page 17871]]
barter, trade, or sell, rock shrimp harvested in the EEZ by a vessel
for which a valid permit has not been issued under Sec. 659.4(a)(1).
(b) No person may transfer, sell, trade, or barter or attempt to
transfer, sell, trade, or barter, rock shrimp harvested in the EEZ by a
vessel permitted under Sec. 659.4(a)(1) to a dealer who does not have a
valid permit issued under Sec. 659.4(a)(2).
(c) No dealer who has a valid permit issued under Sec. 659.4(a)(2)
may receive, purchase, trade, or barter or attempt to receive,
purchase, trade, or barter rock shrimp harvested in the EEZ from a
vessel for which a valid permit has not been issued under
Sec. 659.4(a)(1).
[FR Doc. 96-9882 Filed 4-22-96; 8:45 am]
BILLING CODE 3510-22-P
