[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23111]
[[Page Unknown]]
[Federal Register: September 19, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 646
[Docket No. 940953-4253; I.D. 081594A]
RIN 0648-AE52
Snapper-Grouper Fishery Off the Southern Atlantic States
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this proposed rule to implement Amendment 7 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region (FMP). This rule would change the minimum size limits
of certain species, require charter vessels/headboats and dealers to
obtain Federal permits, clarify one of the earned income requirements
for a vessel permit, restrict the sale/purchase of snapper-grouper
species, modify the criteria for determining when a vessel is operating
as a headboat, modify the requirements for possessing multi-day bag
limits, specify allowable gear, authorize permits for experimental
fishing, and modify the management unit for scup. In addition, NMFS
proposes changes to correct and clarify certain regulations, or conform
them to current standards. The intended effects of this rule are to
conserve snapper-grouper species and enhance effective management of
the snapper-grouper fishery.
DATES: Written comments must be received on or before October 31, 1994.
ADDRESSES: Comments on the proposed rule must be sent to Peter J.
Eldridge, Southeast Regional Office, NMFS, 9721 Executive Center Drive,
St. Petersburg, FL 33702.
Requests for copies of Amendment 7, which includes a regulatory
impact review and an environmental assessment, should be sent to the
South Atlantic Fishery Management Council, One Southpark Circle, Suite
306, Charleston, SC 29407-4699; 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, St.
Petersburg, FL 33702, and to the Office of Information and Regulatory
Affairs, OMB, Washington, DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.
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).
Background
Recent scientific stock assessments and public testimony have
identified a number of snapper-grouper species as being overfished. The
management measures in Amendment 7 are designed to prevent this
overfishing, rebuild the overfished species, and manage the fishery in
a more orderly manner.
Size Limits for Hogfish and Mutton Snapper
Amendment 7 would establish a minimum size limit of 12 inches (30.5
cm), fork length, for hogfish and increase the minimum size limit for
mutton snapper from 12 inches (30.5 cm) to 16 inches (40.6 cm), total
length. The proposed 12-inch (30.5-cm) minimum size limit for hogfish
is based on the minimum size/age at which hogfish transform from female
to male. The proposed 16-inch (40.6-cm) minimum size limit for mutton
snapper corresponds to the size/age of sexual maturity. Sex
transformation of hogfish and sexual maturity for mutton snapper are
essential to prevent overfishing and maintain the productivity of these
species. In addition, the proposed minimum size limits would increase
yield-per-recruit for each species.
Annual Charter Vessel and Headboat Permits
Amendment 7 would require a vessel that operates as a charter
vessel or headboat in the snapper-grouper fishery in the exclusive
economic zone (EEZ), or that possesses fish in the snapper-grouper
fishery in or from the EEZ while so operating, to have on board a
charter vessel/headboat permit for such fishery. Charter vessels and
headboats catch substantial quantities of snapper-grouper species, and
it is essential that these landings be documented for assessment
purposes. A permit system would provide a census for this sector of the
fishery.
Annual Dealer Permits
Amendment 7 would require a dealer to obtain a permit in order to
receive snapper-grouper species, excluding wreckfish, that are
harvested in the EEZ. Currently, a permit is required for a dealer to
receive wreckfish. To be eligible for a dealer permit for snapper-
grouper, excluding wreckfish, an applicant would have to have a valid
state wholesaler's license in the state where he or she operates and a
physical facility for the receipt of fish at a fixed location in that
state. Dealer permits for snapper-grouper, excluding wreckfish, would
(1) Improve quota monitoring by providing a census of snapper-grouper
dealers, (2) enhance the enforceability of commercial trip limits for
snowy grouper and golden tilefish, and (3) aid in verifying required
fishing vessel logbook submissions.
Earned Income Requirement for Commercial Permits
Amendment 7 proposes to clarify the gross-sales-of-fish alternative
requirement for a vessel permit for snapper-grouper, excluding
wreckfish. Currently, an applicant may show gross sales of fish
exceeding $20,000 during 1 of the 3 years preceding the application.
Under Amendment 7, such sales would have to be of fish harvested by the
applicant for the permit. The Council is concerned that some vessel
owners may have obtained permits through the artifice of purchasing and
reselling fish harvested by others. Such practice does not meet the
Council's intent for qualifying for a permit. In FMP Amendment 4, the
Council clearly stated that the income and gross sales requirements are
intended to allow those who are committed to commercial fishing, in
terms of capital investment or earned income, to continue making their
livelihood from fishing. Specifically, the Council intends that the
commercial fishing permits be for those vessels whose owners or
operators have a history of income from harvesting and selling fish.
Restrictions on Sale/Purchase of Snapper-Grouper
Amendment 7 proposes requirements that snapper-grouper species,
excluding wreckfish, harvested in the EEZ (1) Be sold only to a dealer
with a valid permit for snapper-grouper, excluding wreckfish; and (2)
be purchased only from a vessel that has a valid permit for snapper-
grouper, excluding wreckfish, or from a person with a valid state
commercial license to sell fish. In addition, sale/purchase of such
fish would be limited to the bag limit amounts unless sale/purchase
involved snapper-grouper harvested by a vessel with a valid permit for
snapper-grouper, excluding wreckfish. These measures would improve
fishery statistics that will be used in assessments of the biological
condition of snapper-grouper species. The improved data base will also
allow scientists to estimate more accurately the social and economic
value of various fishing sectors. Economic and social analyses based on
fishery statistics allow managers to evaluate the effectiveness of
management measures.
Headboat Crew Specification
The current regulations specify that, if a headboat has a vessel
permit for snapper-grouper, excluding wreckfish, it is considered to be
operating as a headboat when it carries a passenger who pays a fee or
when there are more than three persons aboard, including operator and
crew. When operating as a headboat, the bag limits apply. Amendment 7
proposes to remove the specification of three persons aboard and, in
its place, allow the number of persons aboard to be up to the number of
crew specified in the vessel's Certificate of Inspection. This measure
would, in some cases, allow a permitted headboat to be exempt from the
bag limits when it has more than three persons aboard. The Council
believes that the number of crew specified on the Certificate of
Inspection would allow safer operation of the vessel when fishing and,
to the extent that the number of crew allowed exceeds three, should
improve the economic efficiency of affected headboats if they operate
as commercial fishing vessels.
Possession Limits
A current criterion for the possession aboard a charter vessel or
headboat of multi-day bag limits is that the vessel have two licensed
operators aboard. Amendment 7 would delete this criterion. The Council
believes the two-licensed operators aboard criterion has no reasonable
biological or management correlation with multi-day bag limits. NMFS
believes that this action should have little impact on the fishery,
notwithstanding the Council's indication in Amendment 7 that this
measure possibly may decrease income to operators/owners of charter
vessels and headboats.
Gear Limitations
Under Amendment 7, the only gear authorized in a directed fishery
for snapper-grouper species would be vertical hook-and-line gear,
including hand-held rods and rods attached to a vessel (bandit gear),
in either case, with manual, electric, or hydraulic reels; spearfishing
gear; bottom longlines; and sea bass pots. All other gear would be
prohibited. Limits would be imposed on the possession and transfer of
snapper-grouper species by vessels with unauthorized gear aboard. An
exception to the possession limits would apply in the case of a
permitted vessel that fishes in the EEZ off North Carolina with a sink
net aboard.
In addition, the use of bottom longlines to fish for snapper-
grouper species in the EEZ south of St. Lucie Inlet, FL, would be
prohibited; the use of powerheads to harvest snapper- grouper species
in the EEZ off South Carolina would be prohibited; and the use of
rebreathers to harvest snapper-grouper species with spearfishing gear
in the EEZ off the southern Atlantic states would be prohibited.
The concept of allowable gear allows managers to regulate the
fishery more efficiently by enabling managers to test gear before it
becomes widespread. This concept would enhance law enforcement by
establishing standard gear. Environmental damage to the habitat would
be minimized because gear would have to be evaluated before it could be
used. Testing of experimental gear would minimize the possibility that
very efficient gear could cause recruitment failure of the snapper
grouper resource if it were allowed to be used throughout the fishery.
The exception applicable to the use of sink nets off North Carolina
would allow fishermen in that area to operate with multiple gears on a
trip, that is, it would allow retention of snapper-grouper harvested
with sea bass pots and/or vertical hook-and-line gear and fish
harvested with a sink net. A sink net has virtually no bycatch of
snapper-grouper species and is continuously tended, which minimizes the
possibility of lost gear and ghost fishing. Therefore, the Council
believes that sink nets, as used off North Carolina, do not pose the
problems to the snapper-grouper fishery normally associated with
entanglement nets. This exception would improve the economic efficiency
of fishermen in North Carolina who are accustomed to using sink nets
and authorized gear on a trip.
The Council is proposing to ban the use of bottom longlines to fish
for snapper-grouper species south of St. Lucie, FL, to increase the
standing stock of tilefish in that area. The Council believes that the
prohibition of bottom longlines will decrease fishing mortality on
tilefish; hence, it should aid in the prevention of growth and
recruitment overfishing. Also, the Council believes that banning bottom
longline gear will reduce competition among traditional bandit gear
commercial fishermen, recreational anglers, and longline fishermen and
will result in reduced habitat damage. The Council noted that the
continental shelf edge is quite narrow south of St. Lucie Inlet, and
does not want a bottom longline fishery to develop that would lead to
conflict among the competing user groups in that area.
South Carolina prohibits the use of powerheads in its waters, and
powerheads cannot be used in the special management zones in the EEZ
off South Carolina. The Council's proposed ban on the use of powerheads
in the entire EEZ off South Carolina is intended to enhance
enforceability of the prohibition of powerheads in State waters. This
measure would result in consistent State and Federal regulations off
South Carolina. The Council also believes that the ban on use of
powerheads in the EEZ would reduce conflict between recreational and
commercial divers that appears to be a particular problem in the EEZ
off South Carolina.
The Council believes that the use of rebreathers significantly
increases the efficiency of divers using spearfishing gear. The use of
rebreathers eliminates bubbles, thus allowing divers to stalk fish more
easily. The Council is concerned about the status of gag, which are
particularly vulnerable to divers when they aggregate to spawn. The
prohibition of rebreathers would lessen fishing mortality on the
spawning aggregations, which will assist in prevention of recruitment
overfishing. Amberjack are also targeted by divers during spawning
periods, and this measure would also reduce fishing mortality on that
species and lessen the chance of recruitment overfishing.
Experimental Fishing
Under Amendment 7, the Director, Southeast Region, NMFS, (Regional
Director) would be authorized to issue permits for experimental
fishing, provided that, as a condition of such permits, data on the
gear used and fish caught in such experimental fishing must be
maintained and provided to the Science and Research Director.
Experimental fishing would provide an opportunity to test new gear for
possible authorization for use in the snapper-grouper fishery.
Management Unit for Scup
Amendment 7 proposes to modify the management unit for scup,
Stenotomus chrysops, so that management under the FMP would apply only
south of Cape Hatteras. Scup are found from the North/South Carolina
border to the U.S.-Canada border with a division of stocks at Cape
Hatteras. The northern stock of scup is overfished and the Mid-Atlantic
Fishery Management Council is considering measures to rebuild that
stock. The proposed modification of the management unit would allow the
Mid-Atlantic Council to manage the northern stock of scup throughout
its range. This is a conservation measure that would result in more
efficient management of this resource.
Comments Requested
While NMFS is inviting comments on all of the measures in Amendment
7, comments are specifically invited on the following concerns about
provisions of the allowable gear measure. (1) What are the effects of
prohibiting the use of bottom longlines south of St. Lucie Inlet, FL ?
(2) What are the effects of prohibiting the use of powerheads in the
EEZ off South Carolina?
Additional Measures in Amendment 7
In addition to the measures in this rule, discussed above,
Amendment 7 would add localized depletion to the FMP's list of problems
in the snapper-grouper fishery. It would add FMP objectives to evaluate
and minimize localized depletion and modify the framework procedure for
implementing or adjusting certain management measures to allow the
Council to react more quickly to changing resource conditions. The
proposed change to the framework procedure would allow the Council to
initiate and implement necessary changes at any time during the fishing
year instead of only prior to each fishing year. Revision of 50 CFR
part 646 is not required to effect these changes.
Background and rationale for the additional measures in Amendment
7, and for the measures in this rule, discussed above, are contained in
Amendment 7, the availability of which was announced in the Federal
Register (59 FR 42570, August 18, 1994).
Additional Measures Proposed by NMFS
NMFS proposes to change the title of part 646 to ``Snapper-Grouper
Fishery Off the Southern Atlantic States,'' with concomitant changes of
the language in the codified text, to more correctly indicate the
geographical scope of the regulations.
The address in the definition of ``Regional Director'' would be
changed to reflect a recent move.
The requirement that an applicant for a dealer permit for wreckfish
must have a physical facility at a fixed location would be changed to
clarify that such facility must be for the receipt of fish, rather than
merely a mailing address.
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 the
amendment and regulations. At this time, NMFS has not determined that
the amendment these rules would implement is consistent with the
national standards, other provisions of the Magnuson Act, and other
applicable laws. NMFS, in making that determination, will take into
account the data, views, and comments received during the comment
period.
This action 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 because neither gross revenues nor compliance costs
would be significantly changed. All participants in the fishery are
small entities. As a result, a regulatory flexibility analysis was not
prepared.
This rule contains three collection-of-information requirements
subject to the Paperwork Reduction Act--namely, applications for
charter vessel/headboat permits, applications for dealer permits, and
applications for experimental fishing permits. These requirements have
been submitted to the Office of Management and Budget (OMB) for
approval. The public reporting burdens for these collections of
information are estimated to average 20 minutes, 5 minutes, and 1 hour
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 these collections of
information, including suggestions for reducing the burdens, to NMFS
and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 646
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 13, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 646 is
proposed to be amended as follows:
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.
PART 646--[AMENDED]
2. The title of part 646 is revised to read ``Snapper-Grouper
Fishery Off the Southern Atlantic States''.
3. In Sec. 646.1, in paragraph (a) add the word ``Region'' after
the phrase ``Snapper-Grouper Fishery of the South Atlantic''; paragraph
(b) is revised; and new paragraph (c) is added 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 EEZ off the southern Atlantic
states, except that--
(1) Sections 646.5 and 646.24 also apply to such fish in or from
adjoining state waters; and
(2) This part does not apply to scup north of 35 deg.15.3' N. lat.,
the lat. of Cape Hatteras Light, NC.
(c) EEZ in this part 646 refers to the EEZ off the southern
Atlantic states, unless the context clearly indicates otherwise.
4. In Sec. 646.2, the definition of ``South Atlantic'' is removed;
the definitions of ``Charter vessel,'' ``Headboat,'' and ``Regional
Director'' are revised; and new definitions of ``Off North Carolina,''
``Off South Carolina,'' and ``Off the southern Atlantic states'' are
added, in alphabetical order, to read as follows:
Sec. 646.2 Definitions.
* * * * *
Charter vessel means a vessel less than 100 gross tons (90.8 metric
tons) that meets the requirements of the Coast Guard to carry six or
fewer passengers for hire and that carries a passenger for hire at any
time during the calendar year. A charter vessel is considered to be
operating as a charter vessel when it carries a passenger who pays a
fee or when there are more than three persons aboard, including
operator and crew.
* * * * *
Headboat means a vessel that holds a valid Certificate of
Inspection issued by the Coast Guard to carry passengers for hire. A
headboat is considered to be operating as a headboat when it carries a
passenger who pays a fee or when there are more persons aboard than the
number of crew specified in the vessel's Certificate of Inspection.
Off North Carolina means the waters off the east coast from
36 deg.34'55'' N. lat. (extension of the boundary between Virginia and
North Carolina) to a line extending in a direction of 135 deg.34'55''
from true north from the North Carolina/South Carolina boundary, as
marked by the border station on Bird Island at 33 deg.51'07.9'' N.
lat., 78 deg.32'32.6'' W. long.
Off South Carolina means the waters off the east coast from a line
extending in a direction of 135 deg.34'55'' from true north from the
North Carolina/South Carolina boundary, as marked by the border station
on Bird Island at 33 deg.51'07.9'' N. lat., 78 deg.32'32.6'' W. long.
to a line extending in a direction of 104 deg. from true north from the
seaward terminus of the South Carolina/Georgia boundary.
Off the southern Atlantic states means the waters off the east
coast from 36 deg.34'55'' N. lat. (extension of the boundary between
Virginia and North Carolina) 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, St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
* * * * *
5. In Sec. 646.4, paragraphs (e) through (m) are redesignated as
paragraphs (f) through (n), respectively; paragraphs (a)(3),
(b)(2)(vii)(B), (b)(2)(vii)(C), (d), the first sentences of newly
designated paragraphs (f), (g)(1), (i)(1), and (i)(2), newly designated
paragraph (j), and the first sentence of newly redesignated paragraph
(n) are revised; and new paragraphs (a)(4), (a)(5), and (e) are added
to read as follows:
Sec. 646.4 Permits and fees.
(a) * * *
(3) Annual charter vessel/headboat permits for snapper-grouper. A
vessel that is operating as a charter vessel or headboat that fishes
for fish in the snapper-grouper fishery in the EEZ, or possesses fish
in the snapper-grouper fishery in or from the EEZ, must have on board a
charter vessel/headboat permit for the snapper-grouper fishery.
(4) Annual dealer permits for snapper-grouper, excluding wreckfish.
A dealer who receives fish in the snapper-grouper fishery, excluding
wreckfish, that were harvested in the EEZ must obtain an annual dealer
permit for snapper-grouper, excluding wreckfish. To be eligible for
such permit, an applicant must have a valid state wholesaler's license
in the state where he or she operates and must have a physical facility
for the receipt of fish at a fixed location in that state.
(5) Annual dealer permits for wreckfish. A dealer who receives a
wreckfish must obtain an annual dealer permit for wreckfish. To be
eligible for such permit, an applicant must have a valid state
wholesaler's license in the state where he or she operates and must
have a physical facility for the receipt of fish at a fixed location in
that state.
(b) * * *
(2) * * *
(vii) * * *
(B) Gross sales of fish harvested by his or her vessels were more
than $20,000; or
(C) For a vessel owned by a corporation or partnership, the gross
sales of fish harvested by the corporation's or partnership's vessels
were more than $20,000;
* * * * *
(d) Application for a charter vessel/headboat permit for snapper-
grouper. (1) An application for a charter vessel/headboat permit for
fish in the snapper-grouper fishery must be submitted and signed by the
owner (in the case of a corporation, a qualifying officer or
shareholder; in the case of a partnership, a qualifying general
partner) or operator of the vessel. The application must be submitted
to the Regional Director at least 30 days prior to the date on which
the applicant desires to have the permit made effective.
(2) A permit applicant must provide the following information:
(i) A copy of the vessel's U.S. Coast Guard certificate of
documentation or, if not documented, a copy of its state registration
certificate.
(ii) The vessel's name and official number.
(iii) Name, mailing address, including zip code, and telephone
number of the owner of the vessel.
(iv) Name, mailing address, including zip code, and telephone
number of the applicant, if other than the owner.
(v) Social security number and date of birth of the applicant and
the owner (if the owner is a corporation/partnership, the employer
identification number, if one has been assigned by the Internal Revenue
Service, and the date the corporation/partnership was formed).
(vi) Any other information concerning vessel, gear characteristics,
principal fisheries engaged in, or fishing areas requested by the
Regional Director and included on the application form.
(vii) 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.
(e) Application for an annual dealer permit. (1) An application for
a dealer permit for snapper-grouper, excluding wreckfish, or for a
dealer permit for wreckfish 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
date on which the applicant desires to have the permit made effective.
(2) A permit applicant must provide the following information:
(i) A copy of each state 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 fish.
(iv) Applicant's name; official capacity in the business; address,
including zip code; telephone number; social security number; and date
of birth.
(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.
(f) * * * A fee is charged for each permit application submitted
pursuant to this section and for each sea bass pot identification tag
required under Sec. 646.6(d). * * *
(g) * * *
(1) The Regional Director will issue a permit at any time to an
applicant if the application is complete and the specific requirements
for the requested permit have been met. * * *
* * * * *
(i) * * *
(1) A vessel permit issued pursuant to this section is not
transferable or assignable. * * *
(2) A dealer permit issued pursuant to this section may be
transferred upon sale of the dealer's business. * * *
(j) 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. 646.6. A dealer permit issued pursuant 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.
* * * * *
(n) * * * The owner or operator of a vessel with a permit for
snapper-grouper, excluding wreckfish; the wreckfish shareholder of a
vessel with a permit for wreckfish; the owner or operator of a vessel
with a charter vessel/headboat permit for snapper-grouper; 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 paragraph (b), (c), (d), or (e) of this section. * * *
Sec. 646.5 [Amended]
6. In Sec. 646.5, in paragraphs (b) and (c)(1), the phrase ``off
the South Atlantic states'' is removed.
7. In Sec. 646.7, paragraph (dd) is removed; paragraphs (g) through
(cc) are redesignated as paragraphs (h) through (dd), respectively;
paragraphs (ll) through (ss) are redesignated as paragraphs (pp)
through (ww), respectively; paragraphs (jj) and (kk) are redesignated
as paragraphs (kk) and (ll), respectively; in newly designated
paragraph (pp), the reference to ``Sec. 646.26'' is revised to read
``Sec. 646.27''; in newly designated paragraph (qq), the reference to
``Sec. 646.26'' is revised to read ``Sec. 646.27''; paragraphs (c)
through (f) and (ee) through (ii) are revised; and new paragraphs (g),
(jj), and (mm) through (oo) are added to read as follows:
Sec. 646.7 Prohibitions.
* * * * *
(c) Own or operate a vessel that operates as a charter vessel or
headboat that fishes for snapper-grouper species in the EEZ, or
possesses snapper-grouper species in or from the EEZ, without a charter
vessel/headboat permit on board, as specified in Sec. 646.4(a)(3).
(d) As a dealer, receive fish in the snapper-grouper fishery
without a dealer permit, as specified in Sec. 646.4(a)(4) or (a)(5).
(e) Falsify information specified in Sec. 646.4(b)(2), (c)(2),
(d)(2), or (e)(2) on an application for a permit.
(f) Fail to display a permit, as specified in Sec. 646.4(j).
(g) Falsify or fail to maintain, submit, or provide information
required to be maintained, submitted, or provided, as specified in
Sec. 646.5 (a) through (d), or as may be required by Sec. 646.29.
* * * * *
(ee) Use a longline to fish for fish in the snapper-grouper fishery
in the EEZ south of 27 deg.10' N. lat., in the EEZ north of 27 deg.10'
N. lat. where the charted depth is less than 50 fathoms (91.4 m), or
without a vessel permit for snapper-grouper, excluding wreckfish, on
board; or, aboard a vessel with a longline on board that fishes on a
trip in the EEZ south of 27 deg.10' N. lat., in the EEZ north of
27 deg.10' N. lat. where the charted depth is less than 50 fathoms
(91.4 m), or without such vessel permit on board, possess fish in the
snapper-grouper fishery exceeding the limits, as specified in
Sec. 646.22(d)(1)(ii).
(ff) Fish for wreckfish with a bottom longline, or possess a
wreckfish aboard a vessel that has a longline aboard, as specified in
Sec. 646.22(d)(2).
(gg) In the EEZ off South Carolina, harvest fish in the snapper-
grouper fishery with a powerhead, as specified in Sec. 646.22(e).
(hh) Harvest fish in the snapper-grouper fishery with spearfishing
gear while using a rebreather, as specified in Sec. 646.22(f).
(ii) Use unauthorized gear in a directed fishery for snapper-
grouper or exceed the possession limits for snapper-grouper species
when unauthorized gear is aboard, as specified in Sec. 646.22(g)(2) (i)
and (ii).
(jj) Transfer at sea any fish in the snapper-grouper fishery from a
vessel with unauthorized gear aboard to another vessel, or receive at
sea any such fish, as specified in Sec. 646.22(g)(2) (iii) and (iv).
* * * * *
(mm) Sell, trade, or barter or attempt to sell, trade, or barter
snapper-grouper species, excluding wreckfish, harvested in the EEZ to a
dealer who does not have a permit, as specified in Sec. 646.26(a).
(nn) Purchase, trade, or barter or attempt to purchase, trade, or
barter snapper-grouper species, excluding wreckfish, harvested in the
EEZ unless the harvesting vessel has a permit for snapper-grouper,
excluding wreckfish, or the seller has a commercial license to sell
fish, as specified in Sec. 646.26(b).
(oo) Except for snapper-grouper species harvested by a vessel for
which a permit for snapper-grouper, excluding wreckfish, has been
issued, sell, purchase, trade, or barter or attempt to sell, purchase,
trade, or barter snapper-grouper species, excluding wreckfish,
harvested in the EEZ in excess of the bag limits, as specified in
Sec. 646.26(c).
* * * * *
8. In Sec. 646.21, paragraphs (a)(1)(iv), (a)(1)(v), and (a)(1)(vi)
are redesignated as paragraphs (a)(1)(v), (a)(1)(vii), and
(a)(1)(viii), respectively; paragraph (a)(1)(iii) is revised; and new
paragraphs (a)(1)(iv) and (a)(1)(vi) are added to read as follows:
Sec. 646.21 Harvest limitations.
(a) * * *
(1) * * *
(iii) Blackfin, cubera, dog, gray, mahogany, queen, schoolmaster,
silk, and yellowtail snappers; and red porgy--12 inches (30.5 cm),
total length.
(iv) Hogfish--12 inches (30.5 cm), fork length.
* * * * *
(vi) Mutton snapper--16 inches (40.6 cm), total length.
* * * * *
9. In Sec. 646.22, paragraphs (d), (e), and (f) are removed;
paragraph (g) is redesignated as paragraph (d); in newly designated
paragraph (d)(1)(iii), the reference to ``paragraph (g)(1)'' is revised
to read ``paragraph (d)(1)(ii)''; newly designated paragraphs (d)(1)(i)
and (d)(1)(ii) introductory text are revised; and new paragraphs (e),
(f), (g), and (h) are added to read as follows:
Sec. 646.22 Gear restrictions.
* * * * *
(d) * * *
(1) * * *
(i) A longline may not be used to fish for fish in the snapper-
grouper fishery in the EEZ--
(A) South of 27 deg.10' N. lat. (due east of the entrance to St.
Lucie Inlet, FL);
(B) North of 27 deg.10' N. lat. where the charted depth is less
than 50 fathoms (91.4 m), as shown on the latest edition of the largest
scale NOAA chart of the location; or
(C) Without a permit for snapper-grouper, excluding wreckfish, on
board.
(ii) A person aboard a vessel with a longline on board that fishes
on a trip in the EEZ south of 27 deg.10' N. lat., north of 27 deg.10'
N. lat. where the charted depth is less than 50 fathoms (91.4 m), or
without a permit for snapper-grouper, excluding wreckfish, on board, is
limited on that trip to:
* * * * *
(e) Powerheads off South Carolina. In the EEZ off South Carolina, a
powerhead may not be used to harvest fish in the snapper-grouper
fishery. The possession of a mutilated fish in the snapper-grouper
fishery in or from the EEZ off South Carolina and a powerhead is prima
facie evidence that such fish was harvested by a powerhead.
(f) Rebreathers and spearfishing gear. In the EEZ, a person using a
rebreather may not harvest fish in the snapper-grouper fishery with
spearfishing gear. The possession of a fish in the snapper-grouper
fishery while in the water with a rebreather is prima facie evidence
that such fish was harvested with spearfishing gear while using a
rebreather.
(g) Authorized and unauthorized gear.--(1) Authorized gear. Subject
to the specific gear limitations in paragraphs (a) through (f) of this
section and in Sec. 646.26, the following are the only gear types
authorized in a directed fishery for snapper-grouper in the EEZ:
(i) Vertical hook-and-line gear, including hand-held rods and rods
attached to a vessel (``bandit'' gear), in either case, with manual,
electric, or hydraulic reels;
(ii) Spearfishing gear;
iii) Bottom longlines; and
(iv) Sea bass pots.
(2) Unauthorized gear. All gear types other than those listed in
paragraph (g)(1) of this section are unauthorized gear and the
following possession and transfer limitations apply:
(i) A vessel with trawl gear aboard that fishes in the EEZ on a
trip may possess no more than 200 lb (90.7 kg) of fish in the snapper-
grouper fishery, excluding wreckfish, in or from the EEZ on that trip.
It is a rebuttable presumption that a vessel with more than 200 lb
(90.7 kg) of fish in the snapper-grouper fishery, excluding wreckfish,
aboard harvested such fish in the EEZ.
(ii) Except as specified in paragraph (h) of this section, a person
aboard a vessel with unauthorized gear aboard, other than trawl gear,
that fishes in the EEZ on a trip is limited on that trip to:
(A) Species for which a bag limit is specified in Sec. 646.23(b)--
the bag limit; and
(B) All other species in the snapper-grouper fishery--zero.
(iii) A vessel with unauthorized gear aboard may not transfer at
sea any fish in the snapper-grouper fishery--
(A) Taken in the EEZ, regardless of where the transfer takes place;
or
(B) In the EEZ, regardless of where such fish were taken.
(iv) No vessel may receive at sea any fish in the snapper-grouper
fishery from a vessel with unauthorized gear aboard, as specified in
paragraph (g)(2)(iii) of this section.
(h) Use of sink nets off North Carolina. A vessel that has on board
a permit for snapper-grouper, excluding wreckfish, that fishes in the
EEZ off North Carolina on a trip with a sink net aboard, may retain
otherwise legal fish in the snapper-grouper fishery taken on that trip
with vertical hook-and-line gear or sea bass pots. For the purpose of
this paragraph (h), a sink net--
(i) Is a flat net, designed to be suspended vertically in the water
to entangle the head or body parts of fish that attempt to pass through
the meshes;
(ii) Has stretched mesh measurements of 3 to 4\3/4\ inches (7.6 to
12.1 cm); and
(iii) Is attached to the vessel when deployed.
10. In Sec. 646.23, paragraphs (a)(2) and (a)(3) are removed;
paragraph (a)(4) is redesignated as paragraph (a)(3); new paragraph
(a)(2) is added; and paragraph (c)(2) introductory text is revised to
read as follows:
Sec. 646.23 Bag and possession limits.
(a) * * *
(2) Special limitations on possession and transfer of fish in the
snapper-grouper fishery apply to a person fishing with unauthorized
gear in the EEZ. See Sec. 646.22(g)(2).
* * * * *
(c) * * *
(2) Provided each passenger is issued and has in possession a
receipt issued on behalf of the vessel that verifies the duration of
the trip--
* * * * *
Secs. 646.26, 646.27, and 646.28 [Redesignated as Secs. 646.27 through
646.29]
11. Sections 646.26, 646.27, and 646.28 are redesignated as
Secs. 646.27, 646.28, and 646.29, respectively.
12. In subpart B, new Sec. 646.26 is added to read as follows:
Sec. 646.26 Restrictions on sale/purchase.
Subject to the restrictions regarding sale/purchase of fish in the
snapper-grouper fishery in Sec. 646.21(a)(2), (g), and (j)(3), and
Sec. 646.25(f)--
(a) A person may sell, trade, or barter or attempt to sell, trade,
or barter fish in the snapper-grouper fishery, excluding wreckfish,
harvested in the EEZ, only to a dealer who has a valid permit for
snapper-grouper, excluding wreckfish;
(b) A person may purchase, trade, or barter or attempt to purchase,
trade, or barter fish in the snapper-grouper fishery, excluding
wreckfish, harvested in the EEZ, only from a vessel for which a valid
permit for snapper-grouper, excluding wreckfish, has been issued or
from a person who has a valid commercial license to sell fish in the
state where the purchase, trade, or barter or attempted purchase,
trade, or barter occurs.
(c) Except for the sale, purchase, trade, or barter or attempted
sale, purchase, trade, or barter of fish in the snapper-grouper
fishery, excluding wreckfish, harvested in the EEZ by a vessel for
which a valid permit for snapper-grouper, excluding wreckfish, has been
issued, the sale, purchase, trade, or barter or attempted sale,
purchase, trade, or barter of such fish is limited to the bag limits
specified in Sec. 646.23(b).
Sec. 646.28 [Amended]
13. In newly designated Sec. 646.28, add the word Region'' after
the words ``South Atlantic'' and before the comma.
14. Newly designated Sec. 646.29 is revised to read as follows:
Sec. 646.29 Specifically authorized activities.
The Regional Director may authorize, for the acquisition of
information and data, activities that are 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 must
be maintained and provided to the Science and Research Director.
[FR Doc. 94-23111 Filed 9-15-94; 9:04 am]
BILLING CODE 3510-22-P
