94-12897. Snapper-Grouper Fishery of the South Atlantic  

  • [Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-12897]
    
    
    [[Page Unknown]]
    
    [Federal Register: May 26, 1994]
    
    
    -----------------------------------------------------------------------
    
    
    DEPARTMENT OF COMMERCE
    50 CFR Part 646
    
    [Docket No. 940246-4137; I.D. 013194B]
    RIN 0648-AE51
    
     
    
    Snapper-Grouper Fishery of the South Atlantic
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: NMFS issues this final rule to implement Amendment 6 to the 
    Fishery Management Plan for the Snapper-Grouper Fishery of the South 
    Atlantic (FMP). Amendment 6 establishes management measures necessary 
    to conserve overfished stocks of snowy grouper, golden tilefish, 
    speckled hind, and warsaw grouper in the South Atlantic exclusive 
    economic zone (EEZ). The intended effects of this rule are to rebuild 
    the snapper-grouper resources and to clarify the regulations 
    implementing the FMP.
    
    EFFECTIVE DATE: June 27, 1994, except for Sec. 646.25, which is 
    effective June 6, 1994.
    
    ADDRESSES: Copies of Regulatory Impact Review, Regulatory Flexibility 
    Analysis and Environmental Assessment are available from the South 
    Atlantic Fishery Management Council, 1 Southpark Circle, suite 306, 
    Charleston, SC 29407-4699; FAX 803-769-4520.
    
    FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-893-3161.
    
    SUPPLEMENTARY INFORMATION: Snapper-grouper species off the southern 
    Atlantic states are managed under the FMP. The FMP was prepared by the 
    South Atlantic Fishery Management Council (Council) and is implemented 
    through regulations at 50 CFR part 646 under the authority of the 
    Magnuson Fishery Conservation and Management Act (Magnuson Act).
        Detailed description, background, and rationale for the management 
    measures in Amendment 6 and the additional measures proposed by NMFS 
    were included in the proposed rule (59 FR 9721, March 1, 1994) and are 
    not repeated here.
    
    Comments and Responses
    
        Eighteen comments were received during the public comment period. 
    Most of the comments concerned the proposed closure of the Oculina Bank 
    habitat area of particular concern (HAPC) to fishing for species in the 
    snapper-grouper management unit.
        Comment: Five commercial fishermen opposed the closure of the HAPC 
    to fishing for snapper-grouper species. They stated that the closure 
    would reduce income to fishermen and reduce the supply of locally 
    caught fish to wholesale and retail dealers. They also stated that the 
    closure of the HAPC to bottom fishing could result in a shift of 
    fishing effort to adjacent areas and result in overfishing of species 
    in the open areas. They concluded that the action would result in a 
    negative economic impact for the Fort Pierce area, which is adjacent to 
    the HAPC.
        Response: In general, the Council and NMFS agree that some fishing 
    income could be lost and a reduction may occur in the flow of locally 
    caught fish to commercial channels. Also, some fishing effort may shift 
    to open areas. A minor negative economic impact on local communities 
    may occur. Fishermen may target other species within the HAPC and fish 
    in other nearby areas; however, quantitative data do not exist to 
    estimate these potential impacts. The HAPC is not a major fishing area 
    for snapper-grouper species and commercial landings from that area have 
    never been sufficient to supply local demand. The closure will not 
    create a shortage of seafood in the Fort Pierce area. Some fishing 
    effort may shift to open areas; however, there are sufficient 
    management measures in place and under development to regulate any 
    additional fishing effort.
        Presently, 13 species in the snapper-grouper fishery management 
    unit are overfished and 14 others, with similar life history 
    characteristics, are thought to be overfished. The Council is concerned 
    that traditional fishery management measures, such as minimum size 
    limits and quotas, may not be sufficient to protect fully the snapper-
    grouper resource. The Council considered establishing marine reserves 
    in the EEZ off the southern Atlantic states but deferred action after 
    considering public opposition and lack of information on benefits 
    derived from marine reserves. This HAPC closure is a management 
    experiment to determine the consequences of establishing a marine 
    reserve. This measure will ``sunset'' after 10 years if not 
    reauthorized by the Council. NMFS is to report to the Council on the 
    effectiveness of the closure as soon as data are available, but no 
    later than the end of 2000. The HAPC area was selected because it is 
    relatively small compared to the total area that may be fished, will 
    have a relatively small impact on fishermen, is already familiar to the 
    industry, and is already subject to certain fishing restrictions under 
    regulations implementing the Fishery Management Plan for Coral and 
    Coral Reefs of the Gulf of Mexico and the South Atlantic and the FMP 
    (see 50 CFR parts 638 and 646). The Council believes, and NMFS agrees, 
    that the benefits derived from this management experiment will exceed 
    the temporary costs to some fishermen.
        Comment: Five recreational fishermen and two sports fishing clubs 
    opposed closure of the HAPC because it may result in reduced catches. 
    They claimed that recreational anglers might not come to the Fort 
    Pierce area to fish, which would be detrimental to the local economy. 
    Also, they stated that fishing effort would shift to open areas and 
    result in overfishing.
        Response: The Council and NMFS agree that some reductions in catch 
    may occur and some anglers may switch to other fishing grounds within 
    and outside of the Fort Pierce area. Resulting impacts on the local 
    economy are uncertain, but are not expected to be significant. Since 
    anglers can still target pelagic species such as mackerels, billfish, 
    and sharks in the HAPC and surrounding areas, the impacts on overall 
    catch rates should not be major. No significant net change in domestic 
    economic activity will result if anglers switch to other fishing 
    grounds located in U.S. waters. The majority of recreational anglers do 
    not possess vessels of sufficient size to fish the HAPC. As stated 
    earlier, the Council and NMFS agree that there may be some temporary, 
    relatively minor negative impacts. In this context, if fish become 
    abundant in the HAPC as expected, some will move into adjacent open 
    areas where they will be available to fishermen. Also, total 
    recruitment may be increased, which would result in higher catches in 
    open areas due to the increased abundance of spawners in the HAPC. The 
    Council believes, and NMFS agrees, that the benefits derived from this 
    management experiment will exceed the temporary costs to some 
    fishermen. If this experiment does not produce desired benefits, the 
    fishing restrictions will be reconsidered.
        Comment: The Deputy Executive Director of the Council commented 
    that the proposed rule does not prohibit anchoring in the HAPC, 
    contrary to Amendment 6.
        Response: Amendment 6 includes a prohibition on anchoring in the 
    HAPC as an aid to enforcement of the prohibition on fishing in the HAPC 
    for snapper-grouper species. Under the Magnuson Act, the scope of these 
    regulations may not extend to a per se anchoring prohibition in the 
    HAPC, or to non-fishing vessels. The Council did not intend to prohibit 
    fishing in the HAPC for fish other than snapper-grouper species. 
    Accordingly, a prohibition on the combination of fishing and anchoring 
    in the HAPC more effectively meets the intent of the Council. NMFS is 
    not aware of any fishing that would be conducted while anchored in the 
    HAPC other than fishing for snapper-grouper species. Accordingly, the 
    proposed rule and this final rule establish a rebuttable presumption 
    that fishing while anchored in the HAPC constitutes fishing for 
    snapper-grouper species, which is prohibited. Further, snapper-grouper 
    species taken in the HAPC may not be retained. Thus, a vessel fishing 
    in the HAPC, whether or not anchored, may not possess snapper-grouper 
    species.
        NMFS believes this final rule meets the intent of the Council 
    regarding anchoring in the HAPC, to the extent allowable under the 
    Magnuson Act.
        Comment: Two fishermen stated that anchoring in the HAPC should not 
    be prohibited because of safety reasons.
        Response: NMFS agrees; this final rule merely establishes a 
    rebuttable presumption that a vessel fishing while at anchor in the 
    HAPC is fishing for snapper-grouper.
        Comment: One fisherman stated that the HAPC coordinates were not 
    published in the public hearing draft of Amendment 6; therefore, no one 
    knew where the area was proposed to be situated. He concluded that this 
    resulted in reduced public comment during public hearings.
        Response: The coordinates of the HAPC were published on page 25 of 
    the public hearing draft under Action 9. Figure 3 of the same document 
    showed the location of the HAPC, including major cities in the 
    immediate area. Each participant at the public hearings received a copy 
    of Figure 3. Final Amendment 6 and the proposed rule provide similar 
    information. Moreover, the coordinates of the HAPC have been 
    established in Federal regulations since July 23, 1984 (50 CFR 
    638.22(c)). Appendix E (Summary of Public Comments) in Amendment 6 
    shows that five comments favored closing the HAPC to fishing, while 
    seven comments opposed it. The above information indicates that the 
    public had adequate notice concerning the location of the HAPC during 
    the public hearing and proposed rule stages.
        Comment: One fisherman stated that a plan for scientific study of 
    fish stocks in the HAPC was lacking and this was a violation of the 
    Magnuson Act.
        Response: Basic research needs are listed and updated periodically 
    for each fishery management plan in the southeastern United States. In 
    addition, NMFS and Council staff prepare annual research plans for each 
    fishery management plan. Research pertaining to the HAPC will be 
    addressed by the NMFS Science and Research Director and incorporated 
    into the annual research plans. NMFS must present the results of the 
    research to the Council no later than the end of the year 2000. 
    Finally, sections III. B. and III. C. of FMP Amendment 4 also 
    specifically provide for fishery data collection and periodic 
    scientific assessment of the condition of managed snapper and grouper 
    stocks; these particular FMP provisions fulfill sections 303(a) (3) and 
    (5) of the Magnuson Act requiring the evaluation of the condition of 
    fish stocks. In summary, the Council and NMFS are meeting research 
    needs indicated in this instance and are in compliance with the 
    Magnuson Act.
        Comment: Two commercial fishermen opposed the quotas for snowy 
    grouper and golden tilefish because they believed that the quotas would 
    discriminate against fishermen with smaller vessels, especially those 
    that fished in the Florida Keys. A representative of a commercial 
    fishing organization opposed the quotas because he felt they were not 
    needed.
        Response: Both snowy grouper and golden tilefish are overfished. 
    Therefore, regulatory guidelines require stock rebuilding programs. The 
    Council and NMFS believe that fishing pressure must be reduced to 
    rebuild these species. The use of commercial quotas is an acceptable 
    and traditional method to reduce fishing pressure. The Council has 
    chosen to implement quota reductions over a 3-year period to minimize 
    the economic impact upon commercial fishermen. Also, the Council 
    recognizes that some snowy grouper and golden tilefish would likely be 
    taken as bycatch by fishermen targeting other species. Consequently, 
    the Council is reserving a portion of the annual snowy grouper and 
    golden tilefish quotas as a bycatch allowance. Fishermen will be 
    allowed a trip limit (allowance) of 300 pounds (lb) (136 kilograms 
    (kg)) after initial quotas are reached. Since fishermen in the Florida 
    Keys with smaller vessels rarely catch 300 lb (136 kg) of either 
    species in a trip, their catches should not be affected by either 
    quota.
        Comment: Two fishermen in the Florida Keys, who represented 
    fishermen with smaller vessels, supported trip limits for snowy grouper 
    and golden tilefish. A representative of a commercial fishing 
    organization located in the Florida Keys did not think trip limits 
    would adversely affect the members of that organization.
        Response: NMFS agrees that the commercial trip limits for snowy 
    grouper and golden tilefish, together with the bycatch allowance (300 
    lb (136 kg)) that applies after the fishing year quotas are filled, 
    should not adversely affect fishermen with smaller vessels.
        Comment: Three commercial fishermen and a representative of a 
    commercial fishing organization were opposed to the prohibition on sale 
    of warsaw grouper and speckled hind. They stated that harvest of warsaw 
    grouper and speckled hind is rare, and these species would not survive 
    release because of the depth of capture. One of the fishermen stated 
    that it would not be practical to donate these fish to a charitable 
    organization. The representative of the commercial fishing organization 
    stated that the prohibition on sale would create confusion in the 
    market and result in law enforcement difficulties.
        Response: Warsaw grouper and speckled hind are rare and overfished. 
    The Council recognizes that most harvest of warsaw and speckled hind is 
    bycatch and that survival of released individuals is low. However, the 
    Council is following stock rebuilding guidelines with regard to these 
    species. The Council received public testimony that some fishermen may 
    target these species at certain times during the year. The Council 
    proposed the prohibition on sale to reduce directed fishing mortality, 
    but allowed retention of one warsaw and one speckled hind per vessel 
    per trip to minimize waste. Fishermen are encouraged to donate these 
    fish to ``good causes,'' such as charitable organizations. Many marine 
    species in the United States are subject to restrictions on sale, 
    either seasonally or geographically. Both the market and law 
    enforcement agencies have adjusted accounting procedures and other 
    practices to implement such restrictions.
    
    Partial Disapproval of Amendment 6
    
        On May 5, 1994, the Regional Director, Southeast Region, NMFS 
    (Regional Director), partially disapproved Amendment 6. Specifically, 
    the Regional Director disapproved Action 12 of the amendment, which 
    would have required all permitted vessels to maintain and submit vessel 
    logbooks. The Regional Director believes that the methods of obtaining 
    necessary management data and the appropriate sampling system for such 
    data are determinations properly made by NMFS.
        The regulations at 50 CFR 646.5(a) require vessel logbooks to be 
    maintained and submitted by all vessels fishing for wreckfish and for 
    other permitted vessels selected by the Science and Research Director, 
    Southeast Fisheries Science Center, NMFS. Currently all permitted 
    vessels are selected to maintain and submit logbooks.
        Vessel logbooks provide catch and effort data, which the Council 
    believes are needed for quota monitoring, stock assessments, catch 
    histories, and indications of shifts in fishing effort. NMFS agrees 
    that catch and effort data via logbooks are needed for all of these 
    purposes except for quota monitoring. In the snapper-grouper fishery, 
    NMFS has chosen to use dealer reports for quota monitoring rather than 
    vessel logbooks. These collections of information have been approved 
    previously under Office of Management and Budget control numbers 0648-
    0016 (logbooks) and 0648-0013 (dealer reports). NMFS agrees with the 
    Council that good and sufficient reasons continue to exist for the 
    current requirement that all permitted vessels maintain and submit 
    vessel logbooks. Accordingly, NMFS intends to continue to select all 
    permitted vessels to maintain and submit logbooks. When NMFS believes 
    that the 100-percent level of submission is no longer required, it will 
    reduce the percentage of vessels required to maintain and submit 
    logbooks, without the necessity of amending the FMP.
    
    Changes From the Proposed Rule
    
        As a consequence of the partial disapproval of Amendment 6, 
    discussed above, the proposed change to Sec. 646.5(a)(1) is not 
    included in this final rule and the proposed change to Sec. 646.5(d) 
    introductory text is modified.
    
    Classification
    
        The Regional Director determined that Amendment 6 is necessary for 
    the conservation and management of the snapper-grouper fishery and that 
    it is consistent with the national standards, other provisions of the 
    Magnuson Act, and other applicable law, with the exception of the 
    measure that would have required all permitted vessels to maintain and 
    submit vessel logbooks.
        This final rule has been determined to be not significant for 
    purposes of E.O. 12866.
        The Council prepared an initial regulatory flexibility analysis 
    (initial RFA) for this action. The initial RFA has been adopted as 
    final without change. The final RFA concludes that this final rule may 
    have a significant economic impact on a substantial number of small 
    entities, as summarized in the proposed rule.
        The commercial vessel trip limits established in Sec. 646.25 of 
    this final rule are intended to prolong the commercial seasons for 
    snowy grouper and golden tilefish under the newly established 
    commercial quotas. Prolonging the seasons will have considerable 
    economic benefits for the fisheries. Delay in implementing these trip 
    limits will reduce significantly the potential benefits. However, 
    immediate implementation might adversely affect commercial fishermen 
    when this final rule is published because they may be at sea. 
    Accordingly, to maximize the potential economic benefits of the trip 
    limits without undue adverse effect on fishermen now on fishing trips, 
    the Assistant Administrator for Fisheries, NOAA, finds for good cause 
    under section 553(d)(3) of the Administrative Procedure Act that the 
    effective date of Sec. 646.25 should not be delayed beyond 10 days from 
    the date of publication of this final rule.
    
    List of Subjects in 50 CFR Part 646
    
        Fisheries, Fishing, Reporting and recordkeeping requirements.
    
        Dated: May 20, 1994.
    Charles Karnella,
    Acting Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
    
        For the reasons set out in the preamble, 50 CFR part 646 is amended 
    as follows:
    
    PART 646--SNAPPER-GROUPER FISHERY OF THE SOUTH ATLANTIC
    
        1. The authority citation for part 646 continues to read as 
    follows:
    
        Authority: 16 U.S.C. 1801 et seq.
    
        2. In Sec. 646.1, paragraph (b) is revised to read as follows:
    
    
    Sec. 646.1  Purpose and scope.
    
    * * * * *
        (b) This part governs conservation and management of fish in the 
    snapper-grouper fishery in or from the South Atlantic EEZ, except that 
    Secs. 646.5 and 646.24 also apply to such fish in or from adjoining 
    state waters.
    
    
    Sec. 646.2  [Amended]
    
        3. In Sec. 646.2, in the definition for ``Fish in the snapper-
    grouper fishery'', under the family designation ``Tilefishes--
    Malacanthidae'', the listing for ``Tilefish (Golden)'' is revised to 
    read ``Golden tilefish''; and the family designation ``Triggerfishes--
    Balistidae'' is revised to read ``Leatherjackets--Balistidae''; and in 
    the definition for ``Sea bass pot'', in paragraph (3) introductory 
    text, the parenthetical phrase ``(see Figure 3)'' is revised to read 
    ``(see Figure 2)''.
    
    
    Sec. 646.4  [Amended]
    
        4. In Sec. 646.4, in paragraph (b)(2)(vi)(A), the word ``and'' is 
    added after the concluding semi-colon; in paragraph (b)(2)(vi)(B), the 
    concluding word ``and'' is removed; and paragraph (b)(2)(vi)(C) is 
    removed.
        5. In Sec. 646.5, paragraphs (d) introductory text and (d)(4) are 
    revised to read as follows:
    
    
    Sec. 646.5  Recordkeeping and reporting.
    
    * * * * *
        (d) Commercial vessel, charter vessel and headboat inventory. A 
    person described under paragraphs (a) or (b) of this section who is not 
    selected to report must provide the following information when 
    interviewed by the Science and Research Director:
    * * * * *
        (4) Fishing areas;
    * * * * *
        6. In Sec. 646.7, paragraph (kk) is revised; paragraph (mm) is 
    redesignated as paragraph (ss); and new paragraphs (mm) through (rr) 
    are added to read as follows:
    
    
    Sec. 646.7  Prohibitions.
    
    * * * * *
        (kk) Transfer at sea--
        (1) Warsaw grouper or speckled hind, as specified in 
    Sec. 646.21(j)(6);
        (2) Fish in the snapper-grouper fishery subject to a bag limit, as 
    specified in Sec. 646.23(f); or
        (3) Snowy grouper or golden tilefish, as specified in 
    Sec. 646.25(e).
    * * * * *
        (mm) Fish for fish in the snapper-grouper fishery in the Oculina 
    Bank habitat area of particular concern (HAPC), retain such fish in or 
    from the Oculina Bank HAPC, or fail to release immediately such fish 
    taken in the Oculina Bank HAPC by hook-and-line gear, as specified in 
    Sec. 646.26(d)(2).
        (nn) Possess a warsaw grouper or speckled hind in excess of the 
    vessel trip limit, as specified in Sec. 646.21 (j)(1) or (j)(2).
        (oo) Sell, purchase, trade, or barter, or attempt to sell, 
    purchase, trade, or barter, a warsaw grouper or speckled hind, as 
    specified in Sec. 646.21(j)(3).
        (pp) Exceed a commercial trip limit for snowy grouper or golden 
    tilefish, as specified in Sec. 646.25 (a) or (b).
        (qq) Sell, purchase, trade, or barter, or attempt to sell, 
    purchase, trade, or barter, snowy grouper or golden tilefish in excess 
    of an applicable trip limit, as specified in Sec. 646.25(f).
        (rr) Make any false statement, oral or written, to an authorized 
    officer concerning the taking, catching, harvesting, landing, purchase, 
    sale, possession, or transfer of a fish in the snapper-grouper fishery.
    * * * * *
        7. Section 646.20 is revised to read as follows:
    
    
    Sec. 646.20  Fishing years.
    
        (a) The fishing year for wreckfish begins on April 16 and ends on 
    April 15.
        (b) The fishing year for fish in the snapper-grouper fishery other 
    than wreckfish begins on January 1 and ends on December 31.
    
        8. In Sec. 646.21, a new paragraph (j) is added to read as follows:
    
    
    Sec. 646.21  Harvest limitations.
    
    * * * * *
        (j) Warsaw grouper and speckled hind. (1) The possession of warsaw 
    grouper in or from the EEZ is limited to one per vessel per trip.
        (2) The possession of speckled hind in or from the EEZ is limited 
    to one per vessel per trip.
        (3) A warsaw grouper or a speckled hind in or from the EEZ may not 
    be sold, purchased, traded, or bartered, or attempted to be sold, 
    purchased, traded, or bartered.
        (4) A person who fishes in the EEZ may not combine a possession 
    limit specified in paragraph (j)(1) or (j)(2) of this section with a 
    bag or possession limit applicable to state waters.
        (5) The operator of a vessel that fishes in the EEZ is responsible 
    for the possession limit applicable to that vessel.
        (6) A warsaw grouper or speckled hind taken in the EEZ may not be 
    transferred at sea, regardless of where such transfer takes place; a 
    warsaw grouper or speckled hind may not be transferred at sea in the 
    EEZ, regardless of where such warsaw grouper or speckled hind was 
    taken.
    
        9. In Sec. 646.23, a new paragraph (a)(4) is added and paragraph 
    (b)(3) is revised to read as follows:
    
    
    Sec. 646.23  Bag and possession limits.
    
        (a) * * *
        (4) Special limitations on possession of warsaw grouper and 
    speckled hind apply. (See Sec. 646.21(j).)
        (b) * * *
        (3) Groupers, excluding jewfish and Nassau grouper, and tilefishes, 
    combined--5.
    * * * * *
        10. Section 646.24 is revised to read as follows:
    
    
    Sec. 646.24  Commercial quotas.
    
        Persons who are not subject to the bag limits are subject to the 
    following quotas. (See Sec. 646.23(a)(1) for applicability of the bag 
    limits.)
        (a) Wreckfish (whole weight)--2 million pounds (907,185 kg) each 
    fishing year.
        (b) Snowy grouper (gutted weight, that is, eviscerated but 
    otherwise whole)--
        (1) 540,314 pounds (245,082 kg) in the fishing year that commences 
    January 1, 1994.
        (2) 442,448 pounds (200,691 kg) in the fishing year that commences 
    January 1, 1995.
        (3) 344,508 pounds (156,266 kg) in the fishing year that commences 
    January 1, 1996.
        (c) Golden tilefish (gutted weight, that is, eviscerated but 
    otherwise whole)--
        (1) 1,475,795 pounds (669,409 kg) in the fishing year that 
    commences January 1, 1994.
        (2) 1,238,818 pounds (561,918 kg) in the fishing year that 
    commences January 1, 1995.
        (3) 1,001,663 pounds (454,347 kg) in the fishing year that 
    commences January 1, 1996.
    
    
    Secs. 646.27 and 646.25  [Redesignated as Secs. 646.28 and 646.27]
    
        11. Section 646.27 is redesignated as Sec. 646.28; Sec. 646.25 is 
    redesignated as Sec. 646.27; and a new Sec. 646.25 is added to read as 
    follows:
    
    
    Sec. 646.25  Commercial trip limits.
    
        Persons who are not subject to the bag limits and who fish in the 
    EEZ on a trip are subject to the following vessel trip limits. (See 
    Sec. 646.23(a)(1) for applicability of the bag limits.)
        (a) Snowy grouper (whole weight or gutted weight, that is, 
    eviscerated but otherwise whole).
        (1) Until the fishing year quota specified in Sec. 646.24(b) is 
    reached, 2,500 pounds (1,134 kg).
        (2) After the fishing year quota specified in Sec. 646.24(b) is 
    reached, 300 pounds (136 kg).
        (b) Golden tilefish (whole weight or gutted weight, that is, 
    eviscerated but otherwise whole).
        (1) Until the fishing year quota specified in Sec. 646.24(c) is 
    reached, 5,000 pounds (2,268 kg).
        (2) After the fishing year quota specified in Sec. 646.24(c) is 
    reached, 300 pounds (136 kg).
        (c) Reduction of trip limits. When a commercial quota specified in 
    Sec. 646.24(b) or (c) is reached, or is projected to be reached, the 
    Assistant Administrator will file a notice to that effect with the 
    Office of the Federal Register. On and after the effective date of such 
    notice, for the remainder of the fishing year, the appropriate trip 
    limit applies.
        (d) A person who fishes in the EEZ may not combine a trip limit 
    under this section with any trip or possession limit applicable to 
    state waters.
        (e) A snowy grouper or golden tilefish taken in the EEZ may not be 
    transferred at sea, regardless of where such transfer takes place; a 
    snowy grouper or golden tilefish may not be transferred at sea in the 
    EEZ, regardless of where such snowy grouper or golden tilefish was 
    taken.
        (f) Snowy grouper or golden tilefish in excess of an applicable 
    trip limit specified in paragraph (a) or (b) of this section may not be 
    sold, purchased, traded, or bartered, or attempted to be sold, 
    purchased, traded, or bartered.
    
        12. In Sec. 646.26, a new paragraph (d) is added to read as 
    follows:
    
    
    Sec. 646.26  Area limitations.
    
    * * * * *
        (d) Habitat area of particular concern (HAPC). (1) The Oculina 
    Bank, which is a coral HAPC under Sec. 638.23(c) of this chapter, is 
    bounded on the north by 27 deg.53'N. latitude, on the south by 
    27 deg.30'N. latitude, on the east by 79 deg.56'W. longitude, and on 
    the west by 80 deg.00'W. longitude.
        (2) No fishing for fish in the snapper-grouper fishery may be 
    conducted in the Oculina Bank HAPC; such fish may not be retained in or 
    from the Oculina Bank HAPC. Fish in the snapper-grouper fishery taken 
    incidentally in the Oculina Bank HAPC by hook-and-line gear must be 
    released immediately by cutting the line without removing the fish from 
    the water. It is a rebuttable presumption that fishing aboard a vessel 
    that is anchored in the HAPC constitutes fishing for fish in the 
    snapper-grouper fishery.
        (3) See Sec. 638.23(c) of this chapter for prohibitions on fishing 
    with bottom longlines, traps, pots, dredges, and bottom trawls in the 
    Oculina Bank HAPC.
    
    
    Figure 3 to Part 646  [Redesignated as Figure 2 to Part 646]
    
        13. Figure 2 to part 646 is removed and Figure 3 to part 646 is 
    redesignated as Figure 2 to part 646.
    
    [FR Doc. 94-12897 Filed 5-25-94; 8:45 am]
    BILLING CODE 3510-22-P
    
    
    

Document Information

Effective Date:
6/6/1994
Published:
05/26/1994
Department:
Commerce Department
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-12897
Dates:
June 27, 1994, except for Sec. 646.25, which is effective June 6, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: May 26, 1994, Docket No. 940246-4137, I.D. 013194B
RINs:
0648-AE51
CFR: (16)
50 CFR 646.23(a)(1)
50 CFR 646.24(b)
50 CFR 646.26(d)(2)
50 CFR 646.25(e)
50 CFR 646.21(j)(6)
More ...