[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Proposed Rules]
[Pages 50794-50796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24747]
[[Page 50794]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 960919266-6266-01; I.D. 082096D]
RIN 0648-AD91
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands;
Initial Regulations
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 the Fishery
Management Plan for Queen Conch Resources of Puerto Rico and the U.S.
Virgin Islands (FMP). The FMP would restrict the taking of queen conch
in or from the exclusive economic zone (EEZ) around Puerto Rico and the
U.S. Virgin Islands (USVI) in order to restore overfished stocks.
DATES: Written comments must be received on or before November 12,
1996.
ADDRESSES: Comments on the proposed rule must be sent to the Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702.
Requests for copies of the FMP, which includes a regulatory impact
review (RIR)/initial regulatory flexibility analysis (IRFA) and a final
environmental impact statement (FEIS), should be sent to the Caribbean
Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San
Juan, PR 00918-2577.
FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the Caribbean
Fishery Management Council (Council) under the authority of the
Magnuson Fishery Conservation and Management Act (Magnuson Act).
Background
The FMP covers all conchs of the genus Strombus and other edible
gastropods that have been recorded in landings from Puerto Rico and the
USVI (U.S. Caribbean). Most of the FMP's management measures concern
only the queen conch, Strombus gigas, which appears to be declining in
abundance throughout its range in the Atlantic and Caribbean. The
status of other species included in the FMP is largely unknown.
Accordingly, the restrictions proposed for these other species are
limited to those necessary to ensure the effectiveness of management
measures for queen conch.
Queen conch are harvested for food. The shells may be sold whole or
made into jewelry. Queen conch is a staple of Caribbean cuisine.
Traditionally, conch are taken by free-diving in inshore waters;
however, overexploitation nearshore has led to an increase in
commercial harvests by scuba divers in deeper waters.
Trends in queen conch landings since the early 1980s indicate
decreased abundance throughout the U.S. Caribbean. In Puerto Rico,
landings declined more than 400,000 lb (181,437 kg) in 1983 to 100,000
lb (45,359 kg) in 1992. More than 90 percent of current landings are by
scuba diving. On St. Croix, USVI, landings declined more than 50
percent from 1982 to 1992. The conch fishery was closed in USVI waters
off St. Thomas and St. John Islands from 1988-1992 due to overfishing.
Recently, the USVI established conch regulations that are designed
to rebuild declining stocks; Puerto Rico is in the process of
developing similar regulations. USVI conch regulations are compatible
with the FMP's management measures. The absence of compatible
regulations in Puerto Rican waters, however, may provide an opportunity
for fishermen to circumvent Federal conservation measures. Fishermen
could claim that conch harvested in the EEZ came from state waters. If
the FMP is approved, Puerto Rico will be asked to implement compatible
regulations as soon as possible.
Management Measures
The FMP would: (1) Require that a Caribbean conch resource be
landed in its shell; (2) prohibit the possession or sale of queen conch
less than 9 inches (22.9 cm) in total length and less than 3/8 inch
(9.5 mm) in lip width at its widest point; (3) establish a recreational
daily bag limit of 3 queen conch per person or, if more than 4 persons
are aboard, 12 queen conch per boat; (4) establish a daily harvest
limit of 150 queen conch per licensed commercial fisherman; (5)
prohibit taking of queen conch from July 1 through September 30; and
(6) prohibit the taking of queen conch by diving while using a device
that provides a continuous air supply from the surface. The FMP is
designed to rebuild the overfished queen conch resources by protecting
the spawning stock and reducing fishing effort.
Landing Whole
The FMP would require that a Caribbean conch resource be landed in
the shell. This would allow enforcement personnel to identify the conch
species and, thus, enforce the minimum size limit for queen conch. This
provision is expected to reduce fishing effort by limiting the amount
of queen conch that can be carried aboard a fishing vessel. Conch
fishermen testified that they would prefer to land conch meat only;
however, there is no readily available method of distinguishing between
the meats of queen and other conch resources. In addition, there is no
reliable correlation between the age of queen conch and the weight of
queen conch meat.
Size Limits
The length of the shell and the width (thickness) of the shell's
flared ``lip'' are used to assess the age and sexual maturity of queen
conch. Recent studies, based on western Puerto Rico queen conch
populations, indicate that protecting queen conch less than 9 inches
(22.9 cm) in length and less than \3/8\ inch (9.5 mm) in lip width is
likely to increase the spawning stock biomass. Enforcement of the
Council's proposed prohibition on sale of undersized queen conch would
be facilitated by the fact that the Convention on International Trade
in Endangered Species of Wild Fauna and Flora requires documentation to
accompany most international trade in queen conch. See 50 CFR part 23.
Thus, at least at the time of importation, it should be possible to
distinguish between queen conch taken from the EEZ and adjoining state
waters and queen conch harvested outside U.S. jurisdiction and imported
into the U.S. Caribbean.
Harvest Limits
The Council is proposing to adopt the following queen conch harvest
limits: 3 per person per day for recreational fishermen, not to exceed
12 per boat, and 150 per commercial fisherman per day. Although no
statistics are available on the level of recreational fishing for queen
conch in the U.S. Caribbean, the Council received anecdotal reports
indicating that its proposed recreational bag limit would provide
sufficient conch for traditional family needs. Current USVI regulations
provide a less restrictive recreational limit. Puerto Rico is
conducting a 1996 queen conch recreational fishing survey to provide
more definitive estimates of recreational effort. The Council believes
that the
[[Page 50795]]
limit of 150 queen conch per day will restrict commercial fishermen to
approximately current levels of harvest. Commercial fishing licenses
issued by Puerto Rico or the USVI, and available to all U.S. citizens,
are required to exceed the recreational bag limit. The Council would
reconsider this requirement for a commercial fishing license if the
USVI or Puerto Rico significantly changes its licensing requirements.
Closed Season
Peak queen conch spawning season in the U.S. Caribbean is July
through September. Queen conch aggregate in shallow waters during this
season, increasing chances of overharvest. The FMP would prohibit all
harvest of queen conch during this season to complement an identical
measure in effect in the USVI. Puerto Rico is also expected to
establish a spawning season closure.
Gear Restrictions
Overfishing of nearshore areas has led to an increased reliance on
the harvest of queen conch in deeper waters by scuba and hookah diving.
Increased access to deeper waters by these methods could result in the
elimination of some of the last remaining sources of conch recruitment.
Although the Council considered a prohibition on harvest of queen conch
by scuba in the EEZ, adverse economic impacts of this alternative
convinced the Council to recommend only a prohibition against devices
that provide a continuous air supply from the surface, such as hookah;
such devices are not often used in the U.S. Caribbean EEZ. By allowing
extended time on the ocean floor, hookah diving significantly increases
harvesting time compared to scuba and free-diving.
Additional Information
Additional background and rationale on the Caribbean conch
resources and the management measures in this rule are contained in the
FMP, the availability of which was announced in the Federal Register on
August 29, 1996 (61 FR 45395).
Classification
Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish
regulations proposed by a Council within 15 days of receipt of an FMP
and regulations. At this time NMFS has not determined that the FMP is
consistent with the national standards, other provisions of the
Magnuson Act, and other applicable laws. NMFS, in making that
determination, 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 FEIS for this FMP that will be filed with
the Environmental Protection Agency for public review and comment; a
notice of its availability for public comment will be published in the
Federal Register. According to the FEIS, the proposed management
measures would benefit the natural environment for the queen conch
fishery by limiting fishing effort. The dive fishery for queen conch is
unlikely to impact habitat of conch or other organisms.
The Council prepared an IRFA, as part of the RIR, which concluded
that the proposed measures in the FMP would have a significant economic
impact on a substantial number of small entities. The commercial queen
conch fishery is composed entirely of small businesses; although the
exact number of small businesses is unknown, the RIR's analyses
indicate that at least 30 percent of all queen conch fishing trips will
be affected by the proposed rule.
There are no other Federal rules that would conflict with the
proposed rule and no significant alternatives to the proposed
management measures that would have accomplished the goals of the
Magnuson Act.
The IRFA identified the following impacts on small entities. The
requirement to land queen conch in the shell, rather than discarding
the shell at sea, can reduce the ex-vessel value of a day's catch
because vessel capacity may be exceeded in certain small vessels
traditionally used in this fishery. The proposed size limit would
increase the cost of fishing and reduce the amount of conch taken on
some trips, at least in the short term. However, the Council was unable
to quantify these potential changes in net benefits.
Assuming fishermen do not compensate for the proposed reduction in
queen conch harvests through increased harvests of other species,
estimated reductions in gross revenues per trip in Puerto Rico
associated with the 150 commercial trip limit would average $12, a
decline of about 7.5 percent. Average gross revenues per trip in the
USVI would decline by $5, a decline of less than 2 percent. Assuming
most U.S. Caribbean commercial queen conch fishermen reside in Puerto
Rico, and based on NMFS' Regulatory Flexibility Act criterion
specifying that economic effects are significant if at least 20 percent
of affected small entities would experience a reduction in annual gross
revenues by more than 5 percent, the RIR/IRFA concludes that this rule
will probably have significant economic impacts on small business
entities.
Impacts on small entities of the proposed closed season, July-
September, are expected to be minimal because fishermen will shift
effort to other fisheries, such as lobsters and snappers, during the
summer season. Revenues for USVI queen conch fishermen did not decline
significantly when a seasonal closure went into effect in USVI waters.
Prohibiting diving gear that provides a continuous air supply from the
surface, such as hookah, is likely to have only a very minor impact on
small entities. Although no data exist to document the extent of the
use of hookah to take queen conch, it is thought to be insignificant
relative to scuba and free-diving.
This action would not revise existing, or establish any new,
reporting, recordkeeping, or other compliance requirements.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 20, 1996.
N. Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.1, table 1, an entry is added in alphabetical order
to read as follows:
Sec. 622.1 Purpose and scope.
* * * * *
[[Page 50796]]
Table 1.--FMPs Implemented Under Part 622
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Responsible fishery management
FMP title council(s) Geographical area
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* * * * * *
*
FMP for Queen Conch Resources of CFMC Carribbean.
Puerto Rico and the U.S. Virgin
Islands.
* * * * * *
*
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3. In Sec. 622.2, the definition for ``Caribbean conch resource''
is added in alphabetical order to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Caribbean conch resource means one or more of the following
species, or a part thereof:
(1) Atlantic triton's trumpet, Charonia variegata.
(2) Cameo helmet, Cassis madagascarensis.
(3) Caribbean helmet, Cassis tuberosa.
(4) Caribbean vase, Vasum muricatum.
(5) Flame helmet, Cassis flammea.
(6) Green star shell, Astrea tuber.
(7) Hawkwing conch, Strombus raninus.
(8) Milk conch, Strombus costatus.
(9) Queen conch, Strombus gigus.
(10) Roostertail conch, Strombus gallus.
(11) True tulip, Fasciolaria tulipa.
(12) West Indian fighting conch, Strombus pugilis.
(13) Whelk (West Indian top shell), Cittarium pica.
* * * * *
4. In Sec. 622.33, paragraph (c) is added to read as follows:
Sec. 622.33 Caribbean EEZ seasonal and/or area closures.
* * * * *
(c) Queen conch closure. From July 1 through September 30, each
year, no person may fish for queen conch in the Caribbean EEZ and no
person may possess on board a fishing vessel a queen conch in or from
the Caribbean EEZ.
5. In Sec. 622.37, paragraph (g) is added to read as follows:
Sec. 622.37 Minimum sizes.
* * * * *
(g) Caribbean queen conch--9 inches (22.9 cm) in length, that is,
from the tip of the spire to the distal end of the shell, and \3/8\
inch (9.5 mm) in lip width at its widest point. A queen conch with a
length of at least 9 inches (22.9 cm) or a lip width of at least \3/8\
inch (9.5 mm) is not undersized.
6. In Sec. 622.38, paragraph (f) is added to read as follows:
Sec. 622.38 Landing fish intact.
* * * * *
(f) A Caribbean conch resource in or from the Caribbean EEZ must be
maintained with meat and shell intact.
7. In Sec. 622.39, paragraph (e) is added to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(e) Caribbean queen conch--(1) Applicability. Paragraph (a)(1) of
this section notwithstanding, the bag limit of paragraph (e)(2) of this
section does not apply to a fisherman who has a valid commercial
fishing license issued by Puerto Rico or the U.S. Virgin Islands. See
Sec. 622.44 for the commercial daily trip limit.
(2) Bag limit. The bag limit for queen conch in or from the
Caribbean EEZ is 3 per person or, if more than 4 persons are aboard, 12
per boat.
8. In Sec. 622.41, paragraph (e) is added to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(e) Caribbean queen conch. In the Caribbean EEZ, no person may
harvest queen conch by diving while using a device that provides a
continuous air supply from the surface.
9. In Sec. 622.44, paragraph (e) is added to read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(e) Caribbean queen conch. A person who fishes in the Caribbean EEZ
and is not subject to the bag limit may not possess in or from the
Caribbean EEZ more than 150 queen conch per day.
[FR Doc. 96-24747 Filed 9-26-96; 8:45 am]
BILLING CODE 3410-22-P
