[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Proposed Rules]
[Pages 46806-46811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22239]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 670
[Docket No. 950825218-5218-01; I.D. 073195A]
RIN 0648-AE47
Coral Reef 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 Corals and Reef Associated Plants and Invertebrates
of Puerto Rico and the U.S. Virgin Islands (FMP). This rule proposes
restrictions on the taking of coral reef resources in or from the
exclusive economic zone (EEZ) around Puerto Rico and the U.S. Virgin
Islands. NMFS, based on a preliminary evaluation of the FMP, has
disapproved two measures involving the adoption of state permit and
reporting requirements because the state permit systems are not yet
fully developed, and the state regulations authorizing these permits,
where they exist, do not satisfy the requirements of the Administrative
Procedure Act, the Magnuson Fishery Conservation and Management Act
(Magnuson Act), and other applicable laws. The proposed rule would
implement the remaining measures in the FMP. The intended effect is to
protect important marine resources.
DATES: Written comments must be received on or before October 16, 1995.
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 and an environmental impact statement, should be sent to the
Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite
1108, San Juan, PR 00918-2577.
Comments regarding the collection-of-information requirement
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: Georgia Cranmore, 813-570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the Caribbean
Fishery Management Council (Council) under the authority of the
Magnuson Act.
Background
The FMP addresses corals and reef-associated plants and
invertebrates (coral reef resources) in the waters of the Commonwealth
of Puerto Rico and the Territory of the U.S. Virgin Islands (states)
and the waters of the adjoining EEZ. The proposed regulations would
govern conservation and management of coral reef resources in or from
the adjoining EEZ. The FMP was developed to address general concern for
the effects of man's activities on coral reef resources, including
pollution resulting from coastal development, and the new and rapidly
expanding fishery for the marine aquarium industry, especially in
Puerto Rico.
The waters off Puerto Rico could become the principal source of
live coral reef resources for the U.S. marine aquarium market, because
other areas of the Caribbean and Florida have restricted commercial
harvest operations by gear regulations and some quotas. The Council is
concerned about the potential impacts of the aquarium
[[Page 46807]]
fishery on targeted organisms and the reef habitat where they are
collected, because of increasing demand and current harvesting methods,
including the use of chemicals and the removal of substrate.
The Council has noted the current rate of degradation of coral reef
resources, their limited distribution and the consequent potential for
overexploitation, and the growing demand for reef-associated
invertebrates for aquariums. The FMP, in association with corresponding
state laws, is expected to provide consistent protection for coral reef
resources throughout the U.S. Caribbean.
The FMP proposes to: (1) Prohibit the use of chemicals, plants,
plant-derived toxins, and explosives to take coral reef resources in
the EEZ; (2) limit allowable harvest in the EEZ to dip nets and slurp
guns or by hand; and (3) prohibit the possession or sale of stony
corals, gorgonians, and live rock (prohibited species) taken from the
EEZ.
Additionally, the FMP proposes the adoption of state permit systems
for harvesters and dealers of coral reef resources and for the taking
of prohibited species for scientific, educational, or restoration
purposes. However, these portions of the FMP are being disapproved
because the state permit systems for coral reef resources are not yet
fully developed and state regulations authorizing such permits, where
the regulations exist, do not meet the requirements of the
Administrative Procedure Act, the Magnuson Act and other applicable
laws, as discussed below.
Gear Restrictions
A ban on the use of chemicals and explosives to take coral reef
resources, and the specification of hand-held slurp guns and dip nets
as the only allowable gear, are designed to increase survival of
targeted species and to protect non-targeted species from incidental
mortality. Quinaldine, the most commonly used chemical agent, is a coal
tar derivative used in the manufacture of dyes and explosives.
Quinaldine anesthetizes reef fish, lobsters, and other invertebrates,
and makes them easier to collect, but reportedly also decreases their
survival rates and damages surrounding organisms including coral.
The prohibition on the use of a plant or a plant-derived toxin to
harvest coral reef resources would eliminate the historical practice of
using plants native to the U.S. Caribbean, such as Sapindus saponarea,
or their products to stun fish. Harvest by hand in a non-habitat
destructive manner would ensure that no coral heads, or other reef
habitats, are overturned or otherwise disturbed during harvest to allow
access to targeted organisms sheltered beneath them. The proposed gear
restrictions are not expected to adversely affect experienced
harvesters of coral reef resources. The restrictions are designed to
allow the harvest of these species without bycatch or increased capture
mortality.
Protected Species
Current scientific research indicates that corals and live rock are
relatively slow-growing and may be considered nonrenewable fishery
resources. Although certain of the soft coral species, such as
gorgonians, are faster-growing, the Council determined that there are
insufficient data on growth and replacement rates to propose safe
harvest levels for these species. Consequently, the FMP proposes a
prohibition on taking: (1) Stony coral, which includes fire corals,
hydrocorals, and black corals; (2) gorgonians, including sea fans; and
(3) live rock, except when such taking can be authorized for
scientific, educational, or restoration purposes. Live rock means coral
reef resources attached to a hard substrate, including dead coral or
rock. Live rock is collected by scuba divers and sold to the marine
aquarium industry for use in minireef tanks. NMFS will continue to
monitor relevant scientific data and will revisit the issue if and when
the data show that these corals may be sustainably harvested.
Current harvest of stony coral in the U.S. Caribbean appears to be
negligible. However, pressure to exploit gorgonians and live rock is
expected to grow rapidly as market demand for live marine invertebrates
increases and as regulations elsewhere (e.g., Florida) become
increasingly restrictive. In Puerto Rico, about 40 individuals harvest
live fish and invertebrates for the aquarium trade. About 25 percent of
the exports, by number, are invertebrates, especially anemones and
starfish. Less than 4 percent is live rock or corals. The wholesale
(exvessel) value of the approximately 45,500 live coral reef resources
reported exported annually is about $114,000; therefore, the reported
export of stony corals, gorgonians, and live rock is valued at less
than $5,000 annually.
Restriction on Sale
Since harvest of prohibited species would be allowed only for a
scientific, educational, or restoration purpose, sale of prohibited
species in or from the EEZ would not be allowed. Harvest of these
species in state waters is also prohibited. To put a limitation on sale
into effect, it is necessary to be able to distinguish between
prohibited species from the EEZ or adjoining state waters and
prohibited species harvested elsewhere and imported for sale in Puerto
Rico or the U.S. Virgin Islands. Such distinction cannot be made by
appearance or test. Accordingly, the FMP proposes that a species
prohibited for sale in Puerto Rico or the U.S. Virgin Islands will be
presumed to have been harvested from the EEZ or from adjoining state
waters unless it is accompanied by documentation showing that it was
harvested elsewhere.
The proposed documentation of having been harvested elsewhere would
consist of (1) information specified in 50 CFR Part 246 for marking
containers or packages of organisms that are imported, exported, or
transported in interstate commerce; (2) the name and home port of the
vessel or the name and address of the individual harvesting the
prohibited species; (3) the date and port of landing of the species;
and (4) a statement signed by the person holding the prohibited species
for sale attesting that, to the best of his or her knowledge,
information and belief, the species was harvested from an area other
than the EEZ or adjoining state waters. If approved, the requirement
for documentation of prohibited species that were harvested elsewhere
would become effective approximately 3 months after publication of the
final rule implementing the FMP. Thus, dealers would have a period
during which they could sell existing stocks or obtain the required
documentation.
Permit Requirements/Partial Disapproval of the FMP
Because most of the fishery for coral reef resources occurs in
state waters, the FMP anticipates that permits for harvesters and
dealers, and permits exempting certain activities for scientific,
educational, or restoration purposes, in or from the EEZ, would be
issued by state agencies. For example, a harvest permit currently
required by each state for its waters would be valid for the harvest of
coral reef resources from the adjoining EEZ. State permit requirements
would encompass all species in the approved Federal management unit.
On August 9, 1995, the Regional Director, Southeast Region, NMFS
(Regional Director), disapproved the permit and reporting requirements
contained in the FMP, because the state permit systems on which the FMP
permit provisions depend cannot satisfy the requirements of the
Magnuson Act
[[Page 46808]]
and other applicable law. Puerto Rico has no harvest permit requirement
for coral reef resources. The U.S. Virgin Islands has a system for
reporting catch, but it does not currently include all the species in
the Federal management unit. A dealer's permit is not currently
required in either state.
The FMP suggests that the state permit and reporting procedures
could provide additional information on landings, gear, capture
mortality, and trade, but it does not appear that current state systems
could provide this information. In addition, the FMP envisions that
state permit systems can provide exceptions to certain gear
restrictions and the taking of prohibited species for scientific,
educational, or restoration purposes. However, research permit
provisions of state regulations are largely discretionary, and the FMP
does not provide details of application requirements, conditions, and
criteria for issuance that could allow for meaningful public comment.
Also, any state authorities that apply in the EEZ would have to be
consistent with the Magnuson Act and other applicable law. These
determinations cannot be made until complete state systems are in
effect.
Since the most easily accessible reef formations are found in state
waters, it is unlikely that any significant number of requests will
need to be made for activities in the EEZ for scientific, educational,
or restoration purposes. Consequently, the proposed rule merely
provides a mechanism to authorize such exceptions on a case-by-case
basis should the need arise. Such authorizations would not relieve
individuals of the obligation to comply with other legal or regulatory
requirements, such as those that may apply in a national marine
sanctuary. (See Sec. 670.24.)
When the state permit and reporting systems for coral reef
resources are fully developed and sufficient detail on their operations
is available, the Council may resubmit these disapproved provisions,
incorporating the state permit systems by an amendment to the FMP.
Additional background and rationale for the measures discussed
above are contained in the FMP, the availability of which was announced
in the Federal Register on August 8, 1995, (60 FR 40340).
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 implementing regulations. At this time NMFS has not determined that
the FMP is consistent with the national standards, other provisions of
the Magnuson Act, and other applicable laws, except for those parts of
the FMP specifically disapproved, as discussed above. NMFS, in making
that determination with respect to the remaining parts of the FMP, 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 a final environmental impact statement (FEIS)
for the FMP that will be filed with the Environmental Protection Agency
for public review and comment. A notice of its availability for public
comment for 30 days will be published in the Federal Register.
According to the FEIS, the proposed actions would benefit the natural
environment by prohibiting activities that damage live bottom habitat
areas.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The proposed rule would restrict the taking of coral
reef resources in or from the EEZ of the U.S. Caribbean. There are
about 16 small businesses in the U.S. Caribbean which are potentially
involved in the collection, sale and export of coral reef resources.
These firms employ less than 100 workers in all phases of the business
(harvesters, packers, shippers). In addition, to firms involved in the
commercial aspects of harvest, there are an estimated 65 businesses
which provide recreational diving services. Since the FMP can affect
collecting for personal use, there is the chance that these businesses
could be marginally affected by the rule. However, of the total of
about 81 businesses identified, less than 20 percent are expected to be
affected by the proposed rule because the volume of current harvest is
quite low.
Since neither the substantial number nor significant impact
criteria are expected to be met, a determination has been made that the
proposed rule will not result in a significant impact on a substantial
number of small entities. As a result, a regulatory flexibility
analysis was not prepared.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act--namely, documentation of origin of
prohibited species that are for sale in Puerto Rico or the U.S. Virgin
Islands. This requirement has been submitted to OMB for approval. The
public reporting burden for this collection of information is estimated
to average 15 minutes per response, 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 this reporting
burden estimate or any other aspect of the collection of information,
including suggestions for reducing the burden, to NMFS and OMB (see
ADDRESSES).
List of Subjects in 50 CFR Part 670
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 1, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR is proposed to be
amended by adding part 670 as follows:
PART 670--CORAL REEF RESOURCES OF PUERTO RICO AND THE U.S. VIRGIN
ISLANDS
Subpart A--General Provisions
Sec.
670.1 Purpose and scope.
670.2 Definitions.
670.3 Relation to other laws.
670.4 Permits. [Reserved]
670.5 Recordkeeping and reporting.
670.6 Vessel identification.
670.7 Prohibitions.
670.8 Facilitation of enforcement.
670.9 Penalties.
Subpart B--Management Measures
670.20 Fishing year.
670.21 Harvest limitations.
670.22 Gear restrictions.
670.23 Restrictions on sale or purchase.
670.24 Specifically authorized activities.
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Provisions
Sec. 670.1 Purpose and scope.
(a) The purpose of this part is to implement the Fishery Management
Plan for Corals and Reef Associated Plants and Invertebrates of Puerto
Rico and the U.S. Virgin Islands prepared by the Caribbean Fishery
Management Council under the Magnuson Act.
(b) This part governs conservation and management of coral reef
resources in or from the EEZ around Puerto Rico and the U.S. Virgin
Islands. ``EEZ'' in this part refers to the EEZ in those geographical
areas, unless the context clearly indicates otherwise.
[[Page 46809]]
Sec. 670.2 Definitions.
In addition to the definitions in the Magnuson Act and in
Sec. 620.2 of this chapter, the terms used in this part have the
following meanings:
Coral reef resource means one or more of the following, or a part
thereof, whether living or dead:
Sponges--Class Demospongiae
Aphimedon compressa, Erect rope sponge
Chondrilla nucula, Chicken liver sponge
Cynachirella alloclada
Geodia neptuni, Potato sponge
Haliclona sp., Finger sponge
Myriastra sp.
Niphates digitalis, Pink vase sponge
N. erecta, Lavender rope sponge
Spinosella policifera
S. vaginalis
Tethya crypta
Hydrocorals--Class Hydrozoa
Hydroids--Order Hydroida
Fire Corals--Order Milleporina
Millepora sp.
Lace Corals--Order Stylasterina
Stylaster roseus, Rose lace corals
Anthozoans--Class Anthozoa
Soft corals--Order Alcyonacea
Family Anthothelidae
Erythropodium caribaeorum, Encrusting gorgonian
Iciligorgia schrammi, Deepwater sea fan
Family Briareidae
Briareum asbestinum, Corky sea finger
Family Telestacea
Telesto riisei, Telesto
Gorgonians--Order Gorgonacea
Family Gorgoniidae
Gorgonia flabellum, Venus sea fan
G. mariae, Wide-mesh sea fan
G. ventalina, Common sea fan
Pseudopterogorgia acerosa, Sea plume
P. albatrossae
P. americana, Slimy sea plume
P. bipinnata, Bipinnate plume
P. rigida
Pterogorgia anceps, Angular sea whip
P. citrina, Yellow sea whip
Family Plexauridae
Eunicea calyculata, Warty sea rod
E. clavigera
E. fusca, Doughnut sea rod
E. knighti
E. laciniata
E. laxispica
E. mammosa, Swollen-knob
E. succinea, Shelf-knob sea rod
E. touneforti
Muricea atlantica
M. elongata, Orange spiny rod
M. laxa, Delicate spiny rod
M. muricata, Spiny sea fan
M. pinnata, Long spine sea fan
Muriceopsis sp.
M. flavida, Rough sea plume
M. sulphurea
Plexaura flexuosa, Bent sea rod
P. homomalla, Black sea rod
Pseudoplexaura crucis
P. flagellosa
P. porosa, Porous sea rod
P. wagenaari
Plexaurella dichotoma, Slit-pore sea rod
P. fusifera
P. grandiflora
P. grisea
P. nutans, Giant slit-pore
Family Ellisellidae
Ellisella spp., Sea whips
Hard Corals--Order Scleractinia
Family Astrocoeniidae
Stephanocoenia michelinii, Blushing star
Family Pocilloporidae
Madracis decactis, Ten-ray star coral
M. mirabilis, Yellow pencil
Family Acroporidae
Acropora cervicornis, Staghorn coral
A. palmata, Elkhorn coral
A. prolifera, Fused staghorn
Family Agaricidae
Agaricia agaricities, Lettuce leaf coral
A. fragilis, Fragile saucer
A. lamarcki, Lamarck's sheet
A. tenuifolia, Thin leaf lettuce
Leptoseris cucullata, Sunray lettuce
Family Siderastreidae
Siderastrea radians, Lesser starlet
S. siderea, Massive starlet
Family Poritidae
Porites astreoides, Mustard hill coral
P. branneri, Blue crust coral
P. divaricata, Small finger coral
P. porites, Finger coral
Family Faviidae
Cladocora arbuscula, Tube coral
Colpophyllia natans, Boulder coral
Diploria clivosa, Knobby brain coral
D. labyrinthiformis, Grooved brain
D. strigosa, Symmetrical brain
Favia fragum, Golfball coral
Manicina areolata, Rose coral
M. mayori, Tortugas rose coral
Montastrea annularis, Boulder star coral
M. cavernosa, Great star coral
Solenastrea bournoni, Smooth star coral
Family Rhizangiidae
Astrangia solitaria, Dwarf cup coral
Phyllangia americana, Hidden cup coral
Family Meandrinidae
Dendrogyra cylindrus, Pillar coral
Dichocoenia stellaris, Pancake star
D. stokesi, Elliptical star
Meandrina meandrites, Maze coral
Family Mussidae
Isophyllastrea rigida, Rough star coral
Isophyllia sinuosa, Sinuous cactus
Mussa angulosa, Large flower coral
Mycetophyllia aliciae, Thin fungus coral
M. danae, Fat fungus coral
M. ferox, Grooved fungus
M. lamarckiana, Fungus coral
Scolymia cubensis, Artichoke coral
S. lacera, Solitary disk
Family Caryophyllidae
Eusmilia fastigiata, Flower coral
Tubastrea aurea, Cup coral
Family Oculinidae
Oculina diffusa, Ivory bush coral
Black Corals--Order Antipatharia
Antipathes spp., Bushy black coral
Stichopathes spp., Wire coral
Anemones--Order Actiniaria
Aiptasia tagetes, Pale anemone
Bartholomea annulata, Corkscrew anemone
Condylactis gigantea, Giant pink-tipped anemone
Hereractis lucida, Knobby anemone
Lebrunia spp., Staghorn anemone
Stichodactyla helianthus, Sun anemone
Colonial Anemones--Order Zoanthidea
Zoanthus spp., Sea mat
False Corals--Order Corallimorpharia
Ricordia florida, Florida false coral
Discosoma spp. (formerly Rhodactis), false coral
Polychaetes--Class Polychaeta
Family Sabellidae, Feather duster worms
Sabellastarte spp., Tube worms
S. magnifica, Magnificent duster
Family Serpulidae
Spirobranchus giganteus, Christmas tree worm
Gastropods--Class Gastropoda
Family Strombidae, Winged conchs
Strombus spp. (except Queen conch, S. gigas)
Family Ovulidae
Cyphoma gibbosum, Flamingo tongue
Charonia tritonis, Atlantic triton trumpet
Family Olividae
Oliva reticularis, Netted olive
Family Elysiidae
Tridachia crispata, Lettuce sea slug
Bivalves--Class Bivalvia
Family Limidae
Lima spp., Fileclams
L. scabra, Rough fileclam
Family Spondylidae
Spondylus americanus, Atlantic thorny oyster
[[Page 46810]]
Cephalopods--Class Cephalopoda
Octopuses--Order Octopoda
Family Octopodidae
Octopus spp. (except the Common octopus, O. vulgaris)
Crustaceans--Class Crustacea
Decapods--Order Decapoda
Family Stenopodidae, Coral shrimp
Stenopus hispidus, Banded shrimp
S. scutellatus, Golden shrimp
Family Hippolytidae
Lysmata spp., Peppermint shrimp
Thor amboinensis, Anemone shrimp
Family Palaemonida
Periclimenes spp., Cleaner shrimp
Family Alpheidae
Alpheaus armatus, Snapping shrimp
Family Diogenidae
Paguristes spp., Hermit crabs
P. cadenati, Red reef hermit
Family Majidae, Coral crabs
Mithrax spp., Clinging crabs
M. cinctimanus, Banded clinging
M. sculptus,, Green clinging
Stenorhynchus seticornis, Yellowline arrow
Family Grapsidae
Percnon gibbesi, Nimble spray crab
Family Squillidae, Mantis crabs
Gonodactylus spp.
Lysiosquilla spp.
Bryozoans--Phylum Bryozoa
Starfish--Class Stelleroidea
Analcidometra armata, Swimming crinoid
Astropecten spp., Sand stars
Astrophyton muricatum, Giant basket star
Davidaster spp., Crinoids
Linckia guildingii, Common comet star
Nemaster spp., Crinoids
Ophidiaster guildingii, Comet star
Ophiocoma spp., Brittlestars
Ophioderma spp., Brittlestars
O. rubicundum, Ruby brittlestar
Oreaster reticulatus, Cushion sea star
Sea Urchins--Class Echinoidea
Diadema antillarum, Long-spined urchin
Echinometra spp., Purple urchin
Eucidaris tribuloides, Pencil urchin
Lytechinus spp., Pin cushion urchin
Tripneustes ventricosus, Sea egg
Sea Cucumbers--Class Holothuroidea
Holothuria spp., Sea cucumbers
Tunicates--Subphylum Urochordata
Green Algae--Phylum Chlorophyta
Caulerpa spp., Green grape algae
Halimeda spp., Watercress algae
Penicillus spp., Neptune's brush
Udotea spp., Mermaid's fan
Ventricaria ventricosa, Sea pearls
Red Algae--Phylum Rhodophyta
Sea grasses--Phylum Angiospermae
Halodule wrightii, Shoal grass
Halophila spp., Sea vines
Ruppia maritima, Widgeon grass
Syringodium filiforme, Manatee grass
Thalassia testudium, Turtle grass
Gorgonian means a coral reef resource of the Class Anthozoa,
Subclass Octocorallia, Order Gorgonacea.
Live rock means a coral reef resource attached to a hard substrate,
including dead coral or rock (excluding individual mollusk shells).
Prohibited species means a gorgonian, a live rock, or a stony
coral, or a part thereof.
Regional Director means the Director, Southeast Region, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702, telephone: 813-
570-5301; or a designee.
Science and Research Director means the Science and Research
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach
Drive, Miami, FL 33149, telephone 305-361-5761; or a designee.
Scientific, educational, or restoration purpose means the objective
of gaining knowledge for the benefit of science, humanity, or
management of coral reef resources or restoring a disturbed habitat as
closely as possible to its original condition.
Stony coral means a coral reef resource--
(1) Of the Class Hydrozoa (fire corals and hydrocorals); or
(2) Of the Class Anthozoa, Subclass Hexacorallia, Orders
Scleractinia (stony corals) and Antipatharia (black corals).
Sec. 670.3 Relation to other laws.
The relation of this part to other laws is set forth in Sec. 620.3
of this chapter.
Sec. 670.4 Permits. [Reserved]
Sec. 670.5 Recordkeeping and reporting.
A person possessing a coral reef resource in or from the EEZ is
required upon request to make such coral reef resource available for
inspection by the Science and Research Director or an authorized
officer.
Sec. 670.6 Vessel identification.
(a) Official number. A vessel that fishes for or possesses coral
reef resources in or from the EEZ must display its official number--
(1) On the port and starboard sides of the deckhouse or hull, and
on an appropriate weather deck, so as to be clearly visible from an
enforcement vessel or aircraft;
(2) In block arabic numerals in contrasting color to the
background;
(3) At least 18 inches (45.7 cm) in height for fishing vessels over
65 ft (19.8 m) in length and at least 10 inches (25.4 cm) in height for
all other vessels; and
(4) Permanently affixed to or painted on the vessel.
(b) Duties of operator. The operator of a vessel that fishes for or
possesses coral reef resources in or from the EEZ 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. 670.7 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) Fail to make a coral reef resource in or from the EEZ available
for inspection, as specified in Sec. 670.5.
(b) Falsify or fail to display and maintain vessel identification,
as required by Sec. 670.6.
(c) Fish for or possess a prohibited species in or from the EEZ, as
specified in Sec. 670.21.
(d) Use an explosive to harvest a coral reef resource in the EEZ or
possess dynamite or a similar explosive substance on board a vessel, as
specified in Sec. 670.22(a).
(e) Use a chemical, plant, or plant derived toxin to harvest a
coral reef resource in the EEZ, as specified in Sec. 670.22(b).
(f) Harvest a coral reef resource in the EEZ other than as
specified in Sec. 670.22(c).
(g) Purchase, barter, trade, or sell, or attempt to purchase,
barter, trade, or sell a prohibited species harvested in the EEZ, as
specified in Sec. 670.23(a).
(h) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of a coral reef resource.
(i) Interfere with, obstruct, delay, or prevent by any means an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Magnuson Act.
Sec. 670.8 Facilitation of enforcement.
See Sec. 620.8 of this chapter.
Sec. 670.9 Penalties.
See Sec. 620.8 of this chapter.
Subpart B--Management Measures
Sec. 670.20 Fishing year.
The fishing year for coral reef resources begins on January 1 and
ends on December 31.
[[Page 46811]]
Sec. 670.21 Harvest limitations.
No person may fish for or possess a prohibited species in or from
the EEZ. The taking of a prohibited species in the EEZ as incidental
catch will not be considered unlawful possession of a prohibited
species provided it is returned immediately to the sea in the general
area of fishing.
Sec. 670.22 Gear restrictions.
(a) An explosive may not be used to harvest a coral reef resource
in the EEZ. Dynamite or a similar explosive substance may not be
possessed on board a vessel that possesses a coral reef resource in or
from the EEZ.
(b) No person may use a chemical, plant, or plant derived toxin to
harvest a coral reef resource in the EEZ.
(c) A coral reef resource in the EEZ may be harvested only with a
hand-held dip net or slurp gun, or by hand in a manner that does not
injure or destroy a coral reef resource or its habitat. For the
purposes of Sec. 670.7(f) and this paragraph (c), a hand-held slurp gun
is a device that rapidly draws seawater containing fish into a self-
contained chamber.
Sec. 670.23 Restrictions on sale or purchase.
(a) No person may purchase, barter, trade, or sell, or attempt to
purchase, barter, trade, or sell a prohibited species harvested in the
EEZ.
(b) A prohibited species that is sold or exchanged, or offered for
sale or exchange, in Puerto Rico or the U.S. Virgin Islands will be
presumed to have been harvested in the EEZ unless it is accompanied by
documentation showing that it was harvested elsewhere. Such
documentation must contain:
(1) The information specified in 50 CFR part 246 for marking
containers or packages of fish or wildlife that are imported, exported,
or transported in interstate commerce;
(2) The name and home port of the vessel, or the name and address
of the individual, harvesting the prohibited species;
(3) The port and date of landing the prohibited species; and
(4) A statement signed by the person selling or exchanging, or
offering for sale or exchange, the prohibited species attesting that,
to the best of his or her knowledge, information, and belief, such
prohibited species was harvested other than in the EEZ or the waters of
Puerto Rico or the U.S. Virgin Islands.
Sec. 670.24 Specifically authorized activities.
The Regional Director may authorize the harvest and possession of a
prohibited species in or from the EEZ for a scientific, educational, or
restoration purpose and may authorize activities otherwise prohibited
by the regulations in this part for the acquisition of information and
data.
[FR Doc. 95-22239 Filed 9-1-95; 5:01 pm]
BILLING CODE 3510-22-F
