[Federal Register: October 28, 2005 (Volume 70, Number 208)]
[Rules and Regulations]
[Page 62073-62084]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc05-7]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 622
[Docket No. 050729208-5267-02; I.D. 060805B]
RIN 0648-AP51
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Amendment to the Fishery Management Plans of the U.S.
Caribbean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement a comprehensive
amendment prepared by the Caribbean Fishery Management Council
(Council) to amend its Reef Fish, Spiny Lobster, Queen Conch, and Coral
Fishery Management Plans (FMPs). The comprehensive amendment is
designed to ensure the FMPs are fully compliant with the provisions of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). This final rule redefines the fishery management units
for the FMPs; establishes seasonal closures; imposes gear restrictions
and requirements;
[[Page 62074]]
revises requirements for marking pots and traps; and prohibits the
filleting of fish at sea. In addition, the comprehensive amendment
establishes biological reference points and stock status criteria;
establishes rebuilding schedules and strategies to end overfishing and
rebuild overfished stocks; provides for standardized collection of
bycatch data; minimizes bycatch and bycatch mortality to the extent
practicable; designates essential fish habitat (EFH) and EFH habitat
areas of particular concern (HAPCs); and minimizes adverse impacts on
such habitat to the extent practicable. The intended effect of this
final rule is to achieve optimum yield in the fisheries and provide
social and economic benefits associated with maintaining healthy
stocks.
DATES: This final rule is effective November 28, 2005.
ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA)
and Record of Decision (ROD) are available from Dr. Steve Branstetter,
NMFS, Southeast Regional Office, 263 13\th\ Avenue South, St.
Petersburg, FL 33701; telephone 727-824-5305; fax 727-824-5308; e-mail
Steve.Branstetter@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, 727-824-5305;
fax 727-824-5308; e-mail Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The fisheries for spiny lobster, queen
conch, reef fish, and corals and reef-associated invertebrates in the
exclusive economic zone (EEZ) off Puerto Rico and off the U.S. Virgin
Islands are managed under the respective fishery management plans
prepared by the Council. These fishery management plans are implemented
under the authority of the Magnuson-Stevens Act by regulations at 50
CFR part 622. This final rule implements Amendment 2 to the FMP for the
Spiny Lobster Fishery, Amendment 1 to the FMP for Queen Conch
Resources, Amendment 3 to the FMP for the Reef Fish Fishery, and
Amendment 2 to the FMP for the Corals and Reef Associated Plants and
Invertebrates of Puerto Rico and the U.S. Virgin Islands, known
collectively as the Comprehensive Amendment to the FMPs of the
Caribbean.
NMFS published a notice of availability for the comprehensive
amendment in the Federal Register on June 16, 2005, and requested
public comment on the amendment (70 FR 35053). On September 13, 2005,
NMFS published the proposed rule to implement the comprehensive
amendment and requested public comment on the proposed rule (70 FR
53979). NMFS approved the comprehensive amendment on September 14,
2005. The rationale for the measures in the comprehensive amendment is
provided in the amendment and in the preamble to the proposed rule and
is not repeated here. This final rule is implemented with no changes
from the proposed rule.
Comments and Responses
NMFS received 17 comments on the comprehensive amendment and
proposed rule. Following is a summary of the comments and NMFS'
responses.
Biological Reference Points and Stock Status Determination Criteria
Comment 1: The data underlying the calculations for maximum
sustainable yield (MSY) do not comply with the Magnuson-Stevens Act
requirement to use the best scientific information available. In data-
poor situations, it is appropriate to base estimates of MSY on catch
levels, such as is done in the amendment. However, catch estimates
derived from the Marine Recreational Fishery Statistics Survey (MRFSS)
are widely regarded as flawed and inconclusive. The Council needs to
develop a more suitable tool for determining recreational catch levels.
Estimates of MSY should be set more conservatively.
Response: NMFS and the Council acknowledge there are data
limitations regarding all Caribbean fisheries, but NMFS disagrees that
the MRFSS data are flawed and inconclusive. The primary purpose of the
MRFSS survey techniques is to produce regional (and possibly by state),
annual estimates of recreational saltwater fishing effort, catch and
participation. These methods have been peer-reviewed and found to be
adequate or better for their intended purpose and scope. The MRFSS
program began in Puerto Rico in 2000 and routinely collects information
on both catch and discards. Over 2,700 field intercept angler
observations were made in the year 2000, and sampling continues at a
similar level. Under other actions in the amendment, more robust
standardized reporting requirements are being established, and as
additional data become available in the future, these catch estimates
can be revised. Until such data become available, the amendment
includes several processes intended to ensure quality control in the
establishment of MSY for the various stocks. MSY is not simply defined
as the long-term average catch. Equating MSY to just the average catch
over time assumes that both biomass (B) and fishing mortality (F) are
consistent and able to produce MSY. Additionally, the time period over
which catches are averaged would need to be sufficient to observe
trends in the fishery. Recognizing the data for the U.S. Caribbean do
not meet these assumptions, the Council selected a proxy for MSY
derived from recent catch (C), modified by estimates of the current
biomass (B) and fishing mortality (F) ratios. This allows the Council
to ensure that MSY reflects situations when B or F are above or below
the level needed to produce MSY.
The Council's choice of targets and limit reference points is based
on the recommendations of NMFS' Technical Guidance on the Use of
Precautionary Approaches to Implementing National Standard 1 of the
Magnuson-Stevens Fishery Conservation and Management Act (Technical
Guidance). The Technical Guidance states ``in cases of severe data
limitations, qualitative approaches may be necessary, including expert
opinion and consensus-building methods,'' which was the approach used
by the Council. The Council depended heavily on the recommendations of
its Sustainable Fisheries Act (SFA) Working Group, which consisted of
Council staff, NMFS scientists, representatives from various U.S.
Virgin Islands and Puerto Rico fishery management agencies, and
representatives from several environmental organizations. This expert
group offered its best professional judgment to the Council regarding
appropriate values, based on the available scientific and anecdotal
information.
MSY values chosen for spiny lobster and reef fishes are the lowest
values considered other than closing the fisheries and setting MSY at
zero. MSY for queen conch is an intermediate value of the range of
alternatives considered and provides a moderate level of fishing
mortality on the stock. The Council chose to prohibit all take of queen
conch in the exclusive economic zone (EEZ) except for a small area of
Lang Bank, which will aid this species' recovery from an overfished
condition.
Comment 2: Most Caribbean snapper and grouper species and many
grunt species are overfished or at risk of being overfished.
Establishing a proxy B ratio of 0.75 is less conservative than an
option assuming the stocks are more depressed by providing a B ratio of
0.50.
Response: Only Snapper Unit 1 (4 species), Grouper Unit 4 (4
species), and the parrotfishes (10 species) are considered to be at
risk. Four species are identified as being overfished. The selections
of B and F ratios for these
[[Page 62075]]
species or species units follow the recommendations developed in the
Technical Guidance for a default target control rule. Information is
insufficient to determine a precise status for each species or species
unit; establishing a more conservatively based B ratio could be
unnecessarily restrictive. The Council is proposing several harvesting
restrictions intended to reduce fishing mortality and improve the
condition of these stocks.
Comment 3: One commenter suggested that establishing optimum yield
(OY) as the average yield associated with fishing at FOY,
where FOY = 0.75 FMSY, was unduly punishing to
resource users, and assumes the relationship between fishing effort and
catch is linear. Conversely, one commenter suggested this selection was
not conservative as it allows yields at 94 percent of MSY.
Response: As noted for Comment 1, the Council's choice of targets
and limit reference points is based on the recommendations of the
Technical Guidance. The recommended default for a constant-F target
strategy should restrain F to a level 20 to 30 percent below the
maximum fishing mortality threshold. Establishing a target F at 75
percent of FMSY results in yields of 94 percent of MSY or
higher and creates a biomass level of at least 125 percent of BMSY
once the stock reaches equilibrium. This does not mean yields allowed
on a depressed stock are 94 percent of MSY. A constant-F approach is
more conservative because it restricts F on the stock at any size,
whereas a constant catch approach could allow excessive harvest under
low MSY values and be too restrictive under a larger MSY.
Comment 4: Establishing minimum stock size threshold (MSST) as
BMSY(1-c) where ``c'' is natural mortality (M) or 0.50,
whichever is smaller, is restrictive.
Response: The Council's choice for MSST follows the guidance for a
default MSY control rule. Setting ``c'' equal to 1-M or 0.50 is
expected to allow a stock fished at FMSY to fluctuate its
biomass around BMSY, allowing for variation in natural
mortality.
Comment 5: National Standard 8 of the Magnuson-Stevens Act allows
managers to consider the potential socio-economic impacts as long as
they are consistent with the primary goals of ending overfishing and
rebuilding depleted populations. Nevertheless, the Council chose the
most liberal alternative for maximum fishing mortality threshold
(MFMT), citing the need to minimize short-term socio-economic impacts
as its justification. The priority in setting MFMT is conservation of
resource.
Response: The Council's preferred alternatives to reduce F and end
overfishing are consistent with the choices for stock status
determination criteria. The Council's proposed harvesting restrictions
are intended to reduce F by as much as 30 percent, leading to improved
conditions of these stocks.
Reducing Fishing Mortality
Comment 6: The Council should have selected the alternative
requiring the establishment of a Memorandum of Understanding (MOU)
between NMFS and the state governments to develop compatible
regulations for all its managed species.
Response: The Council did select alternatives to develop MOUs for
Nassau grouper and queen conch. The Council continually recognized the
importance of compatible state regulations, given the vast majority of
harvest occurs in state-controlled waters. The U.S. Virgin Islands
state representatives on the Council have agreed to pursue implementing
state regulations to prohibit harvest of Nassau grouper, and the
Council's suite of preferred alternatives are based in large part on
measures already in place in Puerto Rico.
Comment 7: The Council's choice of actions to reduce F through gear
restrictions is not adequate. Gillnets would be prohibited in the EEZ,
but continued limited use for non-managed baitfish would be allowed,
thus contributing to bycatch. The Council rejected the alternative to
prohibit fish traps--the dominant fishing gear used in the Caribbean.
Response: The Council estimates the prohibition on the use of
gillnets and trammel nets may provide an overall F reduction of about
10 percent, with F on species such as parrotfish reduced as much as 30
percent. Bycatch issues will additionally be addressed through the
proposed action. Many gillnets in the EEZ are set on the bottom, and a
secondary benefit to their prohibition is a reduction in physical
damage to the habitat. The restricted use of surface gillnets for
baitfish, such as ballyhoo, is species-specific. The requirement to
constantly tend the nets will reduce bycatch and the potential for lost
gear that could continue to ``ghost'' fish. Additionally, most of this
effort occurs in shallow state waters. The allowable use of gillnets to
catch surface fishes such as ballyhoo should not have impacts to
habitat.
The Council considered but rejected an alternative to ban fish
traps in the EEZ. Such a ban could theoretically reduce F by 20 to 67
percent; however, the majority of fish trap effort occurs in state
waters, and the actual reductions in F in the EEZ were likely to be
much lower. Because there is limited fishable area for fish traps in
the EEZ, the Council concluded a prohibition of this gear in the EEZ
would likely transfer the limited effort in the EEZ to state waters,
where more juveniles would be taken, thus negating any benefits of the
Federal prohibition.
Comment 8: Species-specific seasonal closures will not be as
effective as area closures to protect spawning aggregations of Grouper
Unit 4, parrotfish, and Snapper Unit 1. These species will continue to
be caught while fishing for other species occurs.
Response: The Council recognized there would be a regulatory
discard issue when these species are taken during a closed season.
However, closing specific areas would still allow the species to be
taken in areas not closed to fishing. Allowing continued harvest would
not reduce F as needed. A seasonal closure of the entire U.S. Caribbean
during the peak spawning periods for each species group is necessary to
achieve these reductions.
Comment 9: It is unnecessary to close the EEZ to queen conch
fishing. Catches in St. Thomas have never approached 1 percent of MSY
levels, whereas the fishery in St. Croix has landed queen conch in
excess of MSY occasionally and in excess of OY consistently.
Response: The status of the queen conch resource was determined for
the U.S. Caribbean as a whole. The stock is considered overfished, and
reductions in fishing mortality are necessary. NMFS estimates the EEZ
comprises only 14 percent of the fishable habitat of the U.S.
Caribbean. Fishing for queen conch off Puerto Rico occurs almost
entirely in state waters. Off the U.S. Virgin Islands, including state
waters, landings are approximately 39,000 lb (17,690 kg). Because queen
conch are generally harvested by hand, depth is another limiting
factor, thus, most harvest occurs in inshore waters. Approximately
14,000 lb (6,350 kg) are harvested in the Lang Bank area off St. Croix,
and only 22 percent of these landings are estimated to come from
Federal waters. Given the importance of this area to the social and
economic stability of St. Croix fishermen, the Council chose to allow
fishing to continue in the small area known as Lang Bank.
Rebuilding Strategies
Comment 10: The Council chose the shortest rebuilding period for
Nassau
[[Page 62076]]
and goliath grouper, and prohibited filleting fish at sea to help
reduce illegal catches of these species. However, efforts should be
made to protect sites in Federal waters where Nassau and goliath
grouper aggregate to spawn.
Response: NMFS agrees a prohibition of filleting fish at sea will
reduce illegal harvest of prohibited or undersized species. Identifying
areas in the EEZ where Nassau and goliath grouper aggregate to spawn
would not further reduce F on these species. The harvest and possession
of Nassau and goliath grouper in or from the entire Caribbean EEZ is
already prohibited.
Comment 11: The life history information used to develop the
rebuilding schedules and recovery strategies is in error. The proposed
rebuilding periods are longer than what is consistent with accepted
life history information.
Response: The Council considered three alternatives to each
rebuilding strategy. For Nassau grouper, goliath grouper, and queen
conch, the Council chose the rebuilding time frame recognizing the
lower generation time for these species. For Grouper Unit 4, the
Council chose the longest time frame (10 years) to reduce the social
and economic impacts that would have occurred under shorter (2 and 6
years) schedules. Each of the rebuilding strategies was developed using
the best available scientific information on each species. These data
were reviewed by NMFS and the Council's SFA Working Group comprised of
representatives of NMFS, the Council, state agencies, and interested
stakeholders. This Working Group provided technical guidance and
recommendations to the Council during its deliberations, choosing the
most appropriate time frame for each rebuilding strategy.
Comment 12: In the case of overfished species, the Magnuson-Stevens
Act requires managers to specify a rebuilding period that is ``as short
as possible.'' Although the Council chose the shortest rebuilding
period for Nassau and goliath grouper, of the alternatives considered,
they chose the longest period (10 years) for Grouper Unit 4.
Response: National Standard 8 of the Magnuson-Stevens Act requires
managers to minimize socio-economic impacts as long as the actions are
consistent with the primary goals of ending overfishing and rebuilding
depleted populations. To that end, the National Standard Guidelines
allow rebuilding strategies to be as long as 10 years as long as
pertinent factors, such as the status of the stock and the needs of
fishing communities, are appropriately considered. Under the proposed
stock status criteria, Grouper Unit 4 is slightly overfished, with a
stock size at 91 percent of MSST. The seasonal closure on this Unit is
anticipated to achieve a 24-percent reduction in F, recovering the
stock from an overfished condition under any of the alternative
schedules considered (2, 6, or 10 years). To reduce the economic
impacts of the shorter rebuilding schedules, the Council chose 10
years.
Comment 13: During its deliberations on the actions to be selected
in this amendment, the Council changed its preferred alternative from
the largest closed area of Grammanik Bank (23.57 square kilometers or
6.88 square nautical miles) to the smallest (1.50 square kilometers or
0.44 square nautical miles). A more moderate choice would provide
better protection for yellowfin grouper spawning aggregations.
Response: The amendment also proposes to close the entire U.S.
Caribbean EEZ to the harvest and possession of yellowfin grouper and
other groupers in Grouper Unit 4 during February through April.
However, such action does not preclude fishing in the EEZ for other
species, whereby there will be incidental harvest and some mortality on
yellowfin grouper and other grouper in Grouper Unit 4. Thus, the
prohibition of all fishing on the Grammanik Bank is intended
specifically to protect vulnerable aggregations of yellowfin grouper
known to inhabit this distinct area during spawning season (February
through April).
Comment 14: The amendment fails to establish a standardized bycatch
reporting methodology. The proposed actions depend, in part, on MRFSS
data, which is widely known to be flawed and inconclusive. Other
alternatives could include observers, dockside interviews, or at-sea
intercepts. One of the preferred alternatives only states that the
Council will consult with Puerto Rico and the U.S. Virgin Islands to
modify trip tickets into a standardized reporting mechanism. NMFS
should require the Council to modify and update the trip ticket system
to provide credible data.
Response: NMFS and the Council acknowledge there are data
limitations regarding all Caribbean fisheries, but NMFS disagrees the
MRFSS data are flawed and inconclusive. The MRFSS program only began in
Puerto Rico in 2000, but it does routinely collect information on both
catch and discards. Over 2,700 field intercept angler observations were
made in the initial year, 2000, and sampling continues at a similar
level. The proposed actions are intended to improve the existing
databases in regard to both catch and bycatch in the Caribbean. Trip
ticket programs are currently managed by the respective state agencies:
the Department of Natural and Environmental Resources for Puerto Rico,
and the Division of Fish and Wildlife for the U.S. Virgin Islands.
Currently, Puerto Rico has no bycatch data collection program, and the
U.S. Virgin Islands instituted their program in 2004. NMFS currently
contributes $78,900 and $73,000 to commercial fisheries data gathering
efforts in Puerto Rico and the U.S. Virgin Islands, respectively. The
amendment establishes a standardized bycatch reporting methodology in
partnership with both states. Both states have agreed to include
standardized bycatch data collection within their trip ticket systems.
Comment 15: To reduce bycatch, the Council considered only one
option: to amend regulations regarding trap construction to require one
escape panel instead of maintaining the existing two-panel requirement.
Response: The Magnuson-Stevens Act defines bycatch as those fish
which are harvested, but which are not sold or kept for personal use,
and includes economic as well as regulatory discards. Data available
for the Caribbean fisheries indicate that the vast majority of the
catch is retained. Coupled to the preponderance of effort occurring in
state waters, the Council concluded bycatch is a minor cause of fishing
mortality in its fisheries. The Council did consider other options,
such as increasing mesh size in fish traps and nets, but existing
information indicates that even with increased mesh size, the quantity
of discards remains the same. The Council is reverting to previous
requirements to have only one escape panel based on public testimony.
With two panels, there is a greater possibility of a panel breaking
open during retrieval, losing the catch; thus, some fishermen are
disabling the escape panels, negating any benefit of requiring two. The
action to amend the escape panel requirement was agreed on by the
fishermen, the state fishery management agencies, and the Council, and
the states are interested in developing compatible regulations to
reduce enforcement confusion. Therefore, the Council anticipates
increased compliance with escape panel requirements, which will reduce
bycatch mortality. In addition, many of the other actions in the
amendment, such as seasonal closures, closed areas, and gear
restrictions have
[[Page 62077]]
an ancillary benefit of reducing bycatch and bycatch mortality.
Comment 16: The designations of EFH are vague and overly broad.
There is no consideration of designating EFH habitat areas of
particular concern (EFH-HAPCs) for the Spiny Lobster and Queen Conch
FMPs.
Response: The EFH regulations (50 CFR 600.815) contain guidance
regarding the types and levels of information that should be used for
describing and identifying EFH. These range from distribution; habitat-
related densities; habitat-related growth, reproduction, or survival
rates; and production rates by habitat. Where higher level information
is sparse, such as with many fish species in the U.S. Caribbean,
information is to be used in a risk-averse fashion to err on the side
of conservation. Therefore, NMFS acknowledges designations of EFH are
broad, but it is also important to realize that the area designated as
EFH in U.S. waters comprises the aggregate of separate EFH designations
for each life stage of each managed species. Unlike EFH, EFH-HAPCs are
not a mandated component of an FMP. Councils are encouraged to
designate EFH-HAPCs in order to focus conservation priorities on
specific habitat areas that play a particularly important role in the
life cycles of federally managed fish species. An HAPC is expected to
be a localized area of EFH that is especially ecologically important,
sensitive, stressed, or rare when compared to EFH. Seven alternative
methods were considered for designating EFH-HAPCs; the preferred
alternative relied upon expert opinion regarding factors related to
EFH-HAPC selection. A panel of experts recommended HAPC sites. To
designate HAPC sites in an efficient manner, it was necessary to
determine which FMP the sites would be designated under. Sites with
predominantly coral habitat were aligned with the Coral FMP, while
sites with predominantly mangrove habitat were aligned with the Reef
Fish FMP.
Comment 17: The amendment only generally states that anchors, pots/
traps, gill/trammel nets, and bottom longlines have a potential adverse
impact on EFH. This cursory evaluation does not cover all fishing
activities undertaken in waters identified as EFH by the Council, nor
does it adequately evaluate the impacts of fishing on EFH. We support
the gear prohibitions and anchoring restrictions year round on
Grammanik Bank, but do not believe these measures are sufficient to
minimize adverse impacts on EFH. In addition, the amendment violates
the National Environmental Policy Act (NEPA) by failing to analyze a
broad range of management alternatives to minimize the adverse impacts
of fishing on EFH.
Response: The impacts of fishing on EFH were analyzed in Sections
2.1.5, 3.5.1, 4.3, and 4.5 of the Final Environmental Impact Statement
for the Generic EFH Amendment to the FMPs of the U.S. Caribbean (EFH
FEIS). The EFH FEIS was prepared, in part, as a supporting document to
the comprehensive amendment and was incorporated by reference. The EFH
FEIS was prepared separately from the comprehensive amendment pursuant
to a process outlined in the Joint Stipulation and Order filed in
American Oceans Campaign v. Evans, Civil No. 99-982 (GK) (D.D.C.
December 17, 2001). The EFH FEIS analyzed, within each fishery, a range
of potential alternatives to: (1) describe and identify EFH for the
fishery; (2) identify other actions to encourage the conservation and
enhancement of such EFH; and (3) identify measures to minimize to the
extent practicable the adverse effects of fishing on such EFH. In
addition to pots/traps, gill/trammel nets, and bottom longlines, the
other allowable gears in Caribbean fisheries include hook-and-line,
handline, dip net, slurp gun, spear, and hand harvest. The EFH FEIS
identified and evaluated the effects of all fishing gears, including
prohibited gear, on EFH (See Section 3.5.1 and Tables 3.15, 4.1 and
4.2). Alternatives were not developed for gears whose effects on
habitat were considered below a minimal and temporary threshold as
determined by habitat/gear sensitivity and fishing effort. Six
alternatives for preventing, mitigating, or minimizing adverse effects
of fishing on EFH were presented in the EFH FEIS. The alternatives
consisted of specific management actions that progressively increased
the amount of restriction affecting the use of fishing gears allowed
under the Reef Fish FMP and the Spiny Lobster FMP. Gear used under the
Queen Conch FMP (hand harvest only) is not considered to have adverse
impacts, and no harvest of coral is allowed under the Coral FMP. The
gear prohibitions and anchoring restrictions proposed in the
comprehensive SFA amendment are applicable to a large number of EFH
sites throughout the Caribbean, not just Grammanik Bank. The two
alternatives, a no-action alternative and a total year-round
prohibition on the use of the predominant bottom-tending gears,
represent the minimum and maximum action that could be taken. Other
alternatives would have been less restrictive. Therefore, NMFS believes
the Council did adequately consider a broad range of alternatives.
Classification
The Administrator, Southeast Region, NMFS, determined that the
comprehensive amendment is necessary for the conservation and
management of the reef fish, spiny lobster, queen conch, and coral
fisheries of the Caribbean and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.
This final rule has been determined to be significant for purposes
of Executive Order 12866.
NMFS prepared a final supplemental environmental impact statement
(FSEIS) for this amendment. The FSEIS was filed with the Environmental
Protection Agency on June 17, 2005. A notice of availability was
published on June 24, 2005 (70 FR 36582). In approving the
comprehensive amendment on September 14, 2005, NMFS issued a ROD
identifying the selected alternatives. A copy of the ROD is available
from NMFS (see ADDRESSES).
NMFS prepared a FRFA that incorporates the initial regulatory
flexibility analysis (IRFA), a summary of the significant issues raised
by the public comments in response to the IRFA, NMFS' responses to
those comments, and a summary of the analyses completed to support the
action. A summary of the FRFA follows. Copies of the FRFA are available
from NMFS (see ADDRESSES).
The final rule will implement an integrated FMP amendment that will
bring the Caribbean Council's FMPs for spiny lobster, queen conch, reef
fish, corals, and reef associated plants and invertebrates into full
compliance with requirements added to the Magnuson-Stevens Act through
the 1996 Sustainable Fisheries Act. The objectives of the rule are to:
(1) define fishery management units (FMUs) and FMU sub-units; (2)
specify biological reference points and stock status determination
criteria; (3) regulate fishing mortality; (4) rebuild overfished
fisheries; (5) conserve and protect yellowfin grouper; (6) achieve
bycatch mandates; and (7) achieve the essential fish habitat mandates.
There were two comments that specifically addressed the economic
impacts of the proposed rule. One comment implied that a regulatory
flexibility analysis had not been conducted for the proposed rule.
However, a regulatory flexibility analysis was conducted, and a summary
of the IRFA was included in the published proposed rule. The second
comment from a trade association stated that NMFS had not considered
the
[[Page 62078]]
adverse economic impact of the proposed seasonal closure of an area of
Grammanik Bank to all fishing, except highly migratory species, on
small commercial fishers from St. Thomas. The association noted that
the recent temporary rule, which prohibited fishing for or possession
of any species, except highly migratory species, within an area of
Grammanik Bank from February 1, 2005, through April 30, 2005, had an
adverse economic impact on the four St. Thomas fishers that operate in
the area, and for one of these fishers, the impact was heavy. In the
IRFA, NMFS evaluated the economic impact of the seasonal Grammanik Bank
closure on all small commercial U.S. Virgin Island fishers and
concluded that the seasonal Grammanik Bank closure could have a
significant adverse economic impact on some of the small commercial
fishers that operate in the EEZ. The impacts were not, however,
separated by which island the fishers operated from. In response to
this comment, the FRFA includes a statement that the seasonal closure
will have an adverse economic impact on four commercial fishers from
St. Thomas, and the impact will be large for one of the fishers. No
changes, however, were made to the rule as a result of these comments.
The final rule will affect commercial and recreational fishers and
charter fishing services in Puerto Rico and the U.S. Virgin Islands.
There are approximately 1,758 commercial fishers in Puerto Rico and 349
commercial fishers in the U.S. Virgin Islands. Approximately 50
entities offer year-round for-hire charter services in the U.S.
Caribbean, with the majority located in the U.S. Virgin Islands. NMFS
expects that 88 Puerto Rican commercial fishers (5 percent), 35 U.S.
Virgin Island commercial fishers (10 percent), and 3 for-hire charter
services (5 percent) operate in the EEZ and may be affected by this
final rule. The Small Business Administration (SBA) size standards for
the finfish, shellfish, and other marine fishing industries are $3.5
million in annual sales. The SBA size standard for the charter fishing
industry is $6.0 million in annual sales. NMFS assumes all of the
entities that may be affected by this final rule are small businesses.
Thus, NMFS expects a total of 123 small businesses in commercial
fishing and 3 small businesses in charter fishing services will be
affected by this final rule. The final rule will: (1) prohibit fishing
for or possession of queen conch in the EEZ, with the exception of Lang
Bank east of St. Croix; (2a) move aquarium trade species of Caribbean
coral and reef fish from a management to a data collection only
category; (2b) move all species of Caribbean conch, with the exception
of queen conch, to a data collection only category, thereby removing
fishery management restrictions on these species; (3) close the EEZ to
the possession of red, black, tiger, yellowfin, and yellowedge grouper
from February 1 through April 30 of each year; (4) close the EEZ off
the west coast of Puerto Rico to the possession of red hind from
December 1 through the last day of February each year; (5) close the
EEZ to the possession of black, blackfin, vermilion, and silk snapper
from October 1 through December 31 of each year; (6) close the EEZ to
the possession of mutton snapper and lane snapper from April 1 through
June 30 of each year; (7a) implement an immediate prohibition against
the use of gill and trammel nets to fish for Caribbean reef fish or
Caribbean spiny lobster in the EEZ; (7b) require gill nets used to fish
for bait fish in the EEZ to be tended at all times; (8) prohibit the
filleting of fish in the EEZ and require that fish captured or
possessed in the EEZ be landed with heads and fins intact, with minor
exceptions; (9) close an area of the Grammanik Bank to fishing for or
possession of any species of fish, except highly migratory species,
from February 1 through April 30 of each year; (10) amend current
requirements for trap construction such that only one escape panel is
required, which could be the door; (11a) require at least one buoy that
floats on the surface for all traps/pots fished individually for all
fishing vessels that fish for or possess Caribbean spiny lobster or
Caribbean reef fish species in or from the EEZ; (11b) require at least
one buoy at each end of trap lines linking traps/pots for all fishing
vessels that fish for or possess Caribbean spiny lobster or Caribbean
reef fish species in or from the EEZ; (11c) prohibit use of pots/traps,
gill/trammel nets, and bottom longlines on coral or hard bottom year-
round in the existing seasonally closed areas and Grammanik Bank in the
EEZ; and (11d) require an anchor retrieval system for all vessels that
fish for or possess Caribbean reef fish species in or from the EEZ. In
addition, consistent with the provisions of the comprehensive
amendment, a standardized bycatch reporting methodology is being
established in partnership with both states. Both states have agreed to
include standardized bycatch data collection within their trip ticket
systems.
The queen conch fishery occurs primarily in state waters.
Approximately 92 percent of queen conch harvested in Puerto Rico is
reported to be obtained from state waters, while 60 percent of queen
conch harvested in the U.S. Virgin Islands is reported to be taken from
state waters. Only 18 fishers were reported to have harvested queen
conch in the EEZ in 1999 (2 from the U.S. Virgin Islands and 16 from
Puerto Rico). Together, the 18 queen conch fishers represent 7 percent
of the 260 U.S. Caribbean queen conch fishers, or less than 1 percent
of all commercial fishing businesses in the U.S. Caribbean. The 16
queen conch fishers from Puerto Rico represent 8 percent of the 209
queen conch fishers from that state, and the 2 from the U.S. Virgin
Islands represent 4 percent of the 51 queen conch fishers from that
territory. NMFS expects that the prohibition against fishing for or
possession of queen conch in the Caribbean EEZ, with the exception of
Lang Bank east of St. Croix, will not have a significant economic
impact on queen conch fishers from Puerto Rico but will likely have a
greater adverse economic impact on the U.S. Virgin Island queen conch
fishers that harvest the species in the Caribbean EEZ. Any small
business that harvests species of Caribbean conch, other than queen
conch, or aquarium trade species of Caribbean coral or reef fish in the
EEZ will benefit from the movement of these species to a data-
collection-only category because this movement will eliminate existing
Federal fishing restrictions on these species. However, as stated in
the IRFA, because harvest of these species occurs primarily in state
waters, NMFS expects that any economic benefit obtained will be
negligible.
The U.S. Caribbean reef fish fishery is essentially a multi-species
fishery in that fishers catch multiple species of reef fish on any
given trip. Consequently, the harvest of any particular species likely
represents a small proportion of total revenue and profit for any given
trip. Up to 5.8 percent of commercial fishers and 5.0 percent of for-
hire charter services will be affected by the ban on the possession of
red, black, tiger, yellowfin, and yellowedge grouper in the EEZ from
February 1 through April 30 of each year; the ban on the possession of
red hind in the EEZ from December 1 through the last day of February of
each year; the ban on the possession of black, blackfin, vermilion, and
silk snapper in the EEZ from October 1 through December 31 of each
year; and the ban on the possession of mutton snapper and lane snapper
in the EEZ from April
[[Page 62079]]
1 through June 30 of each year. To mitigate any revenue and profit
losses that may result from the seasonal closures, commercial fishers
and charter fishing operations that fish for reef fish in the EEZ may
intensify fishing before and after the seasonal closures and/or
relocate to state waters. The mitigating effects of these behavioral
changes cannot be forecast. Nonetheless, the combined seasonal closures
may have a significant adverse impact on a substantial number of small
businesses.
The immediate prohibition against the use of gillnets and trammel
nets to fish for Caribbean reef fish or Caribbean spiny lobster will
require the adoption of other gear, most likely traps/pots, to harvest
these species. NMFS expects the prohibition will affect a small number
of the 5 percent of Puerto Rican commercial fishers that operate in the
EEZ because waters depths in the EEZ off Puerto Rico do not favor the
use of gillnets or trammel nets. The prohibition will likely affect
more U.S. Virgin Island commercial fishers because there is more
fishable habitat that can be targeted by gillnets and trammel nets in
the EEZ off the U.S. Virgin Islands, and the use of gillnets and
trammel nets has increased among St. Croix fishers. Consequently, NMFS
expects the immediate prohibition against the use of gillnets and
trammel nets will have a greater adverse economic impact on the 10
percent of U.S. Virgin Island commercial fishers that operate in the
EEZ.
The immediate prohibition against the use of gillnets and trammel
nets in the EEZ will not apply to the harvest of ballyhoo, houndfish,
and flying fish, which are commonly found near the surface. When used
to harvest these species in the EEZ, the nets must be tended at all
times. Ballyhoo and houndfish are used as bait. At present, there is
insufficient information to determine the economic impact on any small
business that may currently harvest ballyhoo, houndfish, or flying fish
in the EEZ by using untended gillnets and/or trammel nets.
Since 1990 and 1993, there have been prohibitions against the
harvest and possession of Nassau grouper and goliath grouper in the
EEZ, respectively; however, anecdotal evidence suggests that illegal
harvest and possession occur. Prohibiting the filleting of all species
of fish in the U.S. Caribbean EEZ, except highly migratory species or
species caught and used for bait or the crew's own consumption, and
requiring that all fish captured or possessed in the EEZ be landed with
heads and fins intact will improve enforcement of existing prohibitions
and result in reduced illegal revenues. At the same time, the
prohibition may reduce legal revenues for those who fish in the EEZ and
fillet their fish due to limited storage capacity. Because whole fish
take up more space in a vessel than fillets, harvest per trip may be
reduced. However, because the typical fishing vessel in the Caribbean
EEZ does not have fish holds and, in many cases, does not use coolers,
it is expected that a substantial number of the small businesses do not
fillet their catches from the EEZ and will not experience a significant
adverse economic impact.
The final rule will prohibit fishing for or possession of any
species of fish, except highly migratory species, within a 0.44 nm\2\
(1.5 km\2\) area of Grammanik Bank from February 1 through April 30 of
each year. NMFS expects the greatest adverse economic impact of the 3-
month Grammanik Bank closure will be on fishers who harvest yellowfin
grouper because the reported spawning aggregation of yellowfin grouper
is centered within the closed area during this time. As previously
discussed, the final rule will prohibit the possession of red, black,
tiger, yellowfin, and yellowedge grouper in the U.S. EEZ from February
1 through April 30. The combined impact of the 3-month Grammanik Bank
closure and the 3-month ban against the possession of the above species
of grouper in the EEZ on yellowfin grouper fishers will be no revenues
from yellowfin grouper fished for or possessed anywhere in the EEZ,
which includes the closed area, for 3 months. To mitigate losses due to
the prohibitions, yellowfin grouper fishers and other commercial
fishers may intensify fishing before and after the seasonal bans and/or
move their fishing activities to state waters. Nonetheless, the adverse
economic impact will be significant for some of the small commercial
fishers that operate in the EEZ. According to one U.S. Virgin Island
trade association, the seasonal closure will have an adverse economic
impact on the four St. Thomas commercial fishers who operate in the
area, and for one of them, the impact will be large. The one fisher
represents 25 percent of St. Thomas commercial fishers that operate in
the area and 3 percent of U.S. Virgin Island commercial fishers that
operate in the EEZ.
The final rule will require only one escape panel for traps and
pots. This action relaxes the current requirement of two escape panels
and therefore does not impose any adverse economic impact on small
businesses.
The use of traps and pots in the EEZ is expected to be infrequent
because of water depth. Nevertheless, for those fishers who use traps
and pots in the EEZ, the requirement to have at least one buoy that
floats on the surface for all traps or pots fished individually and to
have at least one buoy at each end of trap lines linking traps/pots is
not expected to impose a significant adverse impact because the
additional gear expenses should be minor.
The year-round ban on the use of traps, pots, gillnets, trammel
nets, and bottom longlines on coral or hard bottom habitat in currently
existing, seasonally closed areas and the 0.44 nm\2\ (1.5 km\2\) area
of Grammanik Bank represents a prohibition against the use of
traditional gear types in these areas. This prohibition could be
especially burdensome to U.S. Virgin Islands commercial fishers from
St. Croix because they have already lost fishing areas in state waters
due to U.S. Virgin Island closures. The majority of fishable habitat
off St. Croix is primarily restricted to Lang Bank and, currently, the
eastern half of Lang Bank is closed to all fishing from December 1
through the last day of February of each year. The final rule will ban
the use of traditional gear in an area that encompasses approximately
the easternmost half of Lang Bank. Consequently, NMFS expects the ban
will have a significant adverse economic impact on those St. Croix
commercial fishers that currently use traps, pots, gillnets, trammel
nets, and/or bottom longlines in the eastern half of Lang Bank.
The final rule will require that the owner or operator of any
fishing vessel, recreational or commercial, that fishes for or
possesses Caribbean reef fish in or from the EEZ ensure that the vessel
uses only an anchor retrieval system that recovers the anchor by its
crown, thereby preventing the anchor from dragging along the bottom
during recovery and damaging habitat. NMFS assumes that most commercial
and charter fishing vessels that operate in the EEZ do not currently
have an anchor retrieval system that meets the requirement. For those
fishers that have a grapnel hook, this will require incorporating an
anchor rode reversal bar that runs parallel along the shank. For those
fishers that have a fluke or plow-type anchor, a trip line consisting
of a line from the crown of the anchor to a surface buoy would be
required. There is currently insufficient information to quantify the
number of fishing vessels that use the different types of anchors and
the costs of making necessary modifications. However, NMFS expects the
cost will not
[[Page 62080]]
represent a significant adverse economic impact on small businesses.
Although the current data collection system in the U.S. Caribbean,
partially funded through Federal grants, does not require commercial
fishers or charter fishing operations to report bycatch data, Puerto
Rico has agreed to require that this information be reported, and the
U.S. Virgin Islands has incorporated some bycatch data into its
reporting requirements and will be improving the data collection.
Consistent with the provisions of the comprehensive amendment, NMFS
will consult with Puerto Rico in an effort to add data fields to Puerto
Rico's existing mandatory landings reports in order to include
consistent and standardized bycatch data. Consequently, the final rule
does not directly impose any new reporting or recordkeeping
requirements. However, the indirect economic impact of requiring
additional reporting information will accrue to commercial fishing and
charter fishing businesses in Puerto Rico through additional time to
report bycatch information in the future. At present, there is
insufficient information to quantify the amount of time necessary to
report such information and how this might affect business operation;
however, it is not expected to represent a significant adverse economic
impact on a substantial number of small businesses.
Alternatives considered but rejected by the Council would have
increased the adverse economic impact on small businesses. One
alternative would have prohibited fishing for or possession of queen
conch in the entire EEZ. Because the rejected alternative would have
extended the prohibition to include Lang Bank east of St. Croix, it
could have had a greater adverse economic impact on U.S. Virgin Island
queen conch fishers. Alternatives to the seasonal bans on the
possession of mutton snapper and lane snapper, red hind, and the
respective snapper and grouper species would have banned the possession
of all species managed by the Caribbean Council for 3 months, 6 months,
or a year. Such bans would have had greater adverse economic impacts
than the final rule because each rejected alternative would have banned
the possession of more species for an equal or a longer period of time.
The Council considered, but rejected, alternatives to the immediate
prohibition against the use of gillnets and trammel nets to fish for
Caribbean reef fish or Caribbean spiny lobster because the adverse
economic impacts of the alternatives on small businesses could have
been much greater than the final rule. Specifically, the rejected
alternatives included the immediate prohibition against the use of fish
traps in the Caribbean EEZ, the immediate prohibition against the use
of gillnets or trammel nets in the Caribbean EEZ to fish for any
species, and closing various areas of the EEZ to fishing for or
possession of all species. Alternatives to the 3-month prohibition
against fishing for or possession of any species of fish, except highly
migratory species, within a 0.44 nm\2\ (1.5 km\2\) area of Grammanik
Bank would have closed larger areas of the Bank or added a year-round
ban against fishing for or possession of yellowfin grouper in the EEZ
and, therefore, would have had greater adverse economic impacts on
small commercial fishers than the final rule. Finally, the Council
considered implementing a Federal permit system for commercial and
charter fishing businesses that operate in the EEZ as an alternative to
the recommendation that NMFS consult with Puerto Rico as the state
modifies its mandatory landings reports; however, that alternative was
rejected because it would have had a greater adverse economic impact
than the alternative in the final rule.
List of Subjects
50 CFR Part 600
Administrative practice and procedure, Confidential business
information, Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 25, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR parts 600 and 622 are
amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
Sec. 600.725 [Amended]
0
2. In Sec. 600.725, amend the table in paragraph (v), section V., as
follows:
a. Under the heading ``1. Caribbean Spiny Lobster Fishery (FMP)'',
remove entry ``C'' from the first and second columns; redesignate
entries ``D'' and ``E'' as ``C'' and ``D'', respectively, in the first
and second columns; and remove the phrase ``gillnet, trammel net'' from
the second column in the newly redesignated entry ``D; and
b. Under the heading ``2. Caribbean Shallow Water Reef Fish Fishery
(FMP)'', remove entry ``C'' from the first and second columns; and
redesignate entry ``D'' as ``C'' in the first and second columns.
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
3. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
4. In Sec. 622.2, the definition of ``Caribbean conch resource'' is
removed, and a definition of ``Caribbean queen conch'' is added in
alphabetical order to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Caribbean queen conch or queen conch means the species, Strombus
gigus, or a part thereof.
* * * * *
0
5. In Sec. 622.6, paragraph (b)(1)(ii)(A) is revised to read as
follows:
Sec. 622.6 Vessel and gear identification.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) Caribbean EEZ. Traps or pots used in the Caribbean spiny
lobster or Caribbean reef fish fisheries that are fished individually,
rather than tied together in a trap line, must have at least one buoy
attached that floats on the surface. Traps or pots used in the
Caribbean spiny lobster or Caribbean reef fish fisheries that are tied
together in a trap line must have at least one buoy that floats at the
surface attached at each end of the trap line. Each buoy must display
the official number and color code assigned to the vessel by Puerto
Rico or the U.S. Virgin Islands, whichever is applicable.
* * * * *
0
6. In Sec. 622.31, paragraph (l) is added to read as follows:
Sec. 622.31 Prohibited gear and methods.
* * * * *
(l) Gillnets and trammel nets in the Caribbean EEZ. A gillnet or
trammel net may not be used in the Caribbean EEZ to fish for Caribbean
reef fish or Caribbean spiny lobster. Possession of a
[[Page 62081]]
gillnet or trammel net and any Caribbean reef fish or Caribbean spiny
lobster in or from the Caribbean EEZ is prima facie evidence of
violation of this paragraph (l). A gillnet or trammel net used in the
Caribbean EEZ to fish for any other species must be tended at all
times.
0
7. In Sec. 622.32, paragraph (b)(1)(ii) is revised, and paragraph
(b)(1)(iv) is added to read as follows:
Sec. 622.32 Prohibited and limited-harvest species.
* * * * *
(b) * * *
(1) * * *
(ii) No person may fish for or possess goliath grouper and Nassau
grouper in or from the Caribbean EEZ. Such fish caught in the Caribbean
EEZ must be released immediately with a minimum of harm.
* * * * *
(iv) No person may fish for, or possess on board a fishing vessel,
a Caribbean queen conch in or from the Caribbean EEZ, except during
October 1 through June 30 in the area east of 64[deg]34' W. longitude
which includes Lang Bank east of St. Croix, U.S. Virgin Islands.
* * * * *
0
8. In Sec. 622.33, paragraph (a) introductory text is added and
paragraph (a)(3) is revised, and paragraphs (a)(4) through (a)(7) are
added to read as follows:
Sec. 622.33 Caribbean EEZ seasonal and/or area closures.
(a) Seasonal closures. In addition to the other restrictions
specified in this paragraph (a), fishing with pots, traps, bottom
longlines, gillnets or trammel nets is prohibited year-round in the
closed areas specified in paragraphs (a)(1), (a)(2), and (a)(3) of this
section.
* * * * *
(3) Grammanik Bank closed area. (i) The Grammanik Bank closed area
is bounded by rhumb lines connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A 18[deg]11.898' 64[deg]56.328'
------------------------------------------------------------------------
B 18[deg]11.645' 64[deg]56.225'
------------------------------------------------------------------------
C 18[deg]11.058' 64[deg]57.810'
------------------------------------------------------------------------
D 18[deg]11.311' 64[deg]57.913'
------------------------------------------------------------------------
A 18[deg]11.898' 64[deg]56.328'
------------------------------------------------------------------------
(ii) From February 1 through April 30, each year, no person may
fish for or possess any species of fish, except highly migratory
species, in or from the Grammanik Bank closed area. This prohibition on
possession does not apply to such fish harvested and landed ashore
prior to the closure. For the purpose of paragraph (a)(4) of this
section, ``fish'' means finfish, mollusks, crustaceans, and all other
forms of marine animal and plant life other than marine mammals and
birds. ``Highly migratory species'' means bluefin, bigeye, yellowfin,
albacore, and skipjack tunas; swordfish; sharks (listed in Appendix A
to part 635 of this title); and white marlin, blue marlin, sailfish,
and longbill spearfish.
(4) Red, black, tiger, yellowfin, or yellowedge grouper. From
February 1 through April 30, each year, no person may fish for or
possess red, black, tiger, yellowfin, or yellowedge grouper in or from
the Caribbean EEZ. This prohibition on possession does not apply to
such grouper harvested and landed ashore prior to the closure.
(5) Additional red hind closure. From December 1 through the last
day of February, each year, no person may fish for or possess red hind
in or from the Caribbean EEZ west of 67[deg]10' W. longitude. This
prohibition on possession does not apply to red hind harvested and
landed ashore prior to the closure.
(6) Vermilion, black, silk, or blackfin snapper. From October 1
through December 31, each year, no person may fish for or possess
vermilion, black, silk, or blackfin snapper in or from the Caribbean
EEZ. This prohibition on possession does not apply to such snapper
harvested and landed ashore prior to the closure.
(7) Lane or mutton snapper. From April 1 through June 30, each
year, no person may fish for or possess lane or mutton snapper in or
from the Caribbean EEZ. This prohibition on possession does not apply
to such snapper harvested and landed ashore prior to the closure.
* * * * *
0
9. In Sec. 622.38, paragraphs (a), (d), and (f) are revised to read as
follows:
Sec. 622.38 Landing fish intact.
* * * * *
(a) The following must be maintained with head and fins intact:
cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel
in paragraph (g) of this section; dolphin and wahoo in or from the
Atlantic EEZ; South Atlantic snapper-grouper in or from the South
Atlantic EEZ, except as specified in paragraph (h) of this section;
finfish in or from the Caribbean EEZ, except as specified in paragraphs
(c) and (d) of this section; and finfish in or from the Gulf EEZ,
except as specified in paragraphs (c) and (d) of this section. Such
fish may be eviscerated, gilled, and scaled, but must otherwise be
maintained in a whole condition.
* * * * *
(d) In the Gulf EEZ or Caribbean EEZ:
(1) Bait is exempt from the requirement to be maintained with head
and fins intact.
(i) For the purpose of this paragraph (d)(1), ``bait'' means--
(A) Packaged, headless fish fillets that have the skin attached and
are frozen or refrigerated;
(B) Headless fish fillets that have the skin attached and are held
in brine; or
(C) Small pieces no larger than 3 in3 (7.6 cm3) or strips no larger
than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin
attached and are frozen, refrigerated, or held in brine.
(ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish
or part thereof possessed in or landed from the Gulf EEZ or Caribbean
EEZ that is subsequently sold or purchased as a finfish species, rather
than as bait, is not bait.
(2) Legal-sized finfish possessed for consumption at sea on the
harvesting vessel are exempt from the requirement to have head and fins
intact, provided--
(i) Such finfish do not exceed any applicable bag limit;
(ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per
person aboard; and
(iii) The vessel is equipped to cook such finfish on board.
* * * * *
(f) Queen conch in or from the Caribbean EEZ must be maintained
with meat and shell intact.
* * * * *
0
10. In Sec. 622.40, paragraph (b)(1)(i) is revised to read as follows:
Sec. 622.40 Limitations on traps and pots.
* * * * *
(b) * * *
(1) * * *
(i) A fish trap used or possessed in the Caribbean EEZ must have a
panel located on one side of the trap, excluding the top, bottom, and
side containing the trap entrance. The opening covered by the panel
must measure not less than 8 by 8 inches (20.3 by 20.3 cm). The mesh
size of the panel may not be smaller than the mesh size of the trap.
The panel must be attached to the trap with untreated jute twine with a
diameter not exceeding 1/8 inch (3.2 mm). An access door may serve as
the panel, provided it is on an appropriate side, it is hinged only at
its
[[Page 62082]]
bottom, its only other fastening is untreated jute twine with a
diameter not exceeding 1/8 inch (3.2 mm), and such fastening is at the
top of the door so that the door will fall open when such twine
degrades. Jute twine used to secure a panel may not be wrapped or
overlapped.
* * * * *
0
11. In Sec. 622.41, paragraph (b) is revised to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(b) Caribbean reef fish anchoring restriction. The owner or
operator of any fishing vessel, recreational or commercial, that fishes
for or possesses Caribbean reef fish in or from the Caribbean EEZ must
ensure that the vessel uses only an anchor retrieval system that
recovers the anchor by its crown, thereby preventing the anchor from
dragging along the bottom during recovery. For a grapnel hook, this
could include an incorporated anchor rode reversal bar that runs
parallel along the shank, which allows the rode to reverse and slip
back toward the crown. For a fluke- or plow-type anchor, a trip line
consisting of a line from the crown of the anchor to a surface buoy
would be required.
* * * * *
0
12. In Appendix A to Part 622, Tables 1 and 2 are revised, and Table 5
is added to read as follows:
Appendix A to Part 622--Species Tables
Table 1 of Appendix A to Part 622--Caribbean Coral Reef Resources
I. Coelenterates--Phylum Coelenterata
A. Hydrocorals--Class Hydrozoa
1. Hydroids--Order Athecatae
Family Milleporidae
Millepora spp., Fire corals
Family Stylasteridae
Stylaster roseus, Rose lace corals
B. Anthozoans--Class Anthozoa
1. Soft corals--Order Alcyonacea
Family Anthothelidae
Erythropodium caribaeorum, Encrusting gorgonian
Iciligorgia schrammi, Deepwater sea fan
Family Briaridae
Briareum asbestinum, Corky sea finger
Family Clavulariidae
Carijoa riisei
Telesto spp.
2. Gorgonian corals--Order Gorgonacea
Family Ellisellidae
Ellisella spp., Sea whips
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 spp.
M. flavida, Rough sea plume
M. sulphurea
Plexaura flexuosa, Bent sea rod
P. homomalla, Black sea rod
Plexaurella dichotoma, Slit-pore sea rod
P. fusifera
P. grandiflora
P. grisea
P. nutans, Giant slit-pore
Pseudoplexaura crucis
P. flagellosa
P. porosa, Porous sea rod
P. wagenaari
3. Hard Corals--Order Scleractinia
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 Astrocoeniidae
Stephanocoenia michelinii, Blushing star
Family Caryophyllidae
Eusmilia fastigiata, Flower coral
Tubastrea aurea, Cup 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 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 Oculinidae
Oculina diffusa, Ivory bush coral
Family Pocilloporidae
Madracis decactis, Ten-ray star coral
M. mirabilis, Yellow pencil
Family Poritidae
Porites astreoides, Mustard hill coral
P. branneri, Blue crust coral
P. divaricata, Small finger coral
P. porites, Finger coral
Family Rhizangiidae
Astrangia solitaria, Dwarf cup coral
Phyllangia americana, Hidden cup coral
Family Siderastreidae
Siderastrea radians, Lesser starlet
S. siderea, Massive starlet
4. Black Corals--Order Antipatharia
Antipathes spp., Bushy black coral
Stichopathes spp., Wire coral
II. Sea grasses--Phylum Angiospermae
Halodule wrightii, Shoal grass
Halophila spp., Sea vines
Ruppia maritima, Widgeon grass
Syringodium filiforme, Manatee grass
Thalassia testudium, Turtle grass
Aquarium Trade Species in the Coral FMP--The following species are
included for data collection purposes only.
I. Sponges--Phylum Porifera
A. Demosponges--Class Demospongiae
Aphimedon compressa, Erect rope sponge
Chondrilla nucula, Chicken liver sponge
Cynachirella alloclada
Geodia neptuni, Potato sponge
Haliclona spp., Finger sponge
Myriastra spp.
Niphates digitalis, Pink vase sponge
N. erecta, Lavender rope sponge
Spinosella policifera
S. vaginalis
Tethya crypta
II. Coelenterates--Phylum Coelenterata
A. Anthozoans--Class Anthozoa
1. 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
2. Colonial Anemones--Order Zoanthidea
Zoanthus spp., Sea mat
3. False Corals--Order Corallimorpharia
Discosoma spp. (formerly Rhodactis), False coral
Ricordia florida, Florida false coral
III. Annelid Worms--Phylum Annelida
A. Polychaetes--Class Polychaeta
Family Sabellidae, Feather duster worms
Sabellastarte spp., Tube worms
S. magnifica, Magnificent duster
Family Serpulidae
[[Page 62083]]
Spirobranchus giganteus, Christmas tree worm
IV. Mollusks--Phylum Mollusca
A. Gastropods--Class Gastropoda
Family Elysiidae
Tridachia crispata, Lettuce sea slug
Family Olividae
Oliva reticularis, Netted olive
Family Ovulidae
Cyphoma gibbosum, Flamingo tongue
B. Bivalves--Class Bivalvia
Family Limidae
Lima spp., Fileclams
L. scabra, Rough fileclam
Family Spondylidae
Spondylus americanus, Atlantic thorny oyster
C. Cephalopods--Class Cephalopoda
1. Octopuses--Order Octopoda
Family Octopodidae
Octopus spp. (except the Common octopus, O. vulgaris)
V. Arthropods--Phylum Arthropoda
A. Crustaceans--Subphylum Crustacea
1. Decapods--Order Decapoda
Family Alpheidae
Alpheaus armatus, Snapping shrimp
Family Diogenidae
Paguristes spp., Hermit crabs
P. cadenati, Red reef hermit
Family Grapsidae
Percnon gibbesi, Nimble spray crab
Family Hippolytidae
Lysmata spp., Peppermint shrimp
Thor amboinensis, Anemone shrimp
Family Majidae, Coral crabs
Mithrax spp., Clinging crabs
M. cinctimanus, Banded clinging
M. sculptus, Green clinging
Stenorhynchus seticornis, Yellowline arrow
Family Palaemonida
Periclimenes spp., Cleaner shrimp
Family Squillidae, Mantis crabs
Gonodactylus spp.
Lysiosquilla spp.
Family Stenopodidae, Coral shrimp
Stenopus hispidus, Banded shrimp
S. scutellatus, Golden shrimp
VI. Echinoderms--Phylum Echinodermata
A. Feather stars--Class Crinoidea
Analcidometra armata, Swimming crinoid
Davidaster spp., Crinoids
Nemaster spp., Crinoids
B. Sea stars--Class Asteroidea
Astropecten spp., Sand stars
Linckia guildingii, Common comet star
Ophidiaster guildingii, Comet star
Oreaster reticulatus, Cushion sea star
C. Brittle and basket stars--Class Ophiuroidea
Astrophyton muricatum, Giant basket star
Ophiocoma spp., Brittlestars
Ophioderma spp., Brittlestars
O. rubicundum, Ruby brittlestar
D. 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
E. Sea Cucumbers--Class Holothuroidea
Holothuria spp., Sea cucumbers
VII. Chordates--Phylum Chordata
A. Tunicates--Subphylum Urochordata
Table 2 of Appendix A to Part 622--Caribbean Reef Fish
Lutjanidae--Snappers
Unit 1
Silk snapper, Lutjanus vivanus
Blackfin snapper, L. buccanella
Black snapper, Apsilus dentatus
Vermilion snapper, Rhomboplites aurorubens
Unit 2
Queen snapper, Etelis oculatus
Wenchman, Pristipomoides aquilonaris
Unit 3
Gray snapper, Lutjanus griseus
Lane snapper, Lutjanus synagris
Mutton snapper, Lutjanus analis
Dog snapper, Lutjanus jocu
Schoolmaster, Lutjanus apodus
Mahogany snapper, Lutjanus mahogani
Unit 4
Yellowtail snapper, Ocyurus chrysurus
Serranidae--Sea basses and Groupers
Unit 1
Nassau Grouper, Epinephelus striatus
Unit 2
Goliath grouper, Epinephelus itajara
Unit 3
Red hind, Epinephelus guttatus
Coney, Epinephelus fulvus
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Creole-fish, Paranthias furcifer
Unit 4
Red grouper, Epinephelus morio
Yellowedge grouper, Epinephelus flavolimbatus
Misty grouper, Epinephelus mystacinus
Tiger grouper, Mycteroperca tigris
Yellowfin grouper, Mycteroperca venenosa
Haemulidae--Grunts
White grunt, Haemulon plumieri
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Bluestriped grunt, Haemulon sciurus
French grunt, Haemulon flavolineatum
Porkfish, Anisotremus virginicus
Mullidae--Goatfishes
Spotted goatfish, Pseudupeneus maculatus
Yellow goatfish, Mulloidichthys martinicus
Sparidae--Porgies
Jolthead porgy, Calamus bajonado
Sea bream, Archosargus rhomboidalis
Sheepshead porgy, Calamus penna
Pluma, Calamus pennatula
Holocentridae--Squirrelfishes
Blackbar soldierfish, Myripristis jacobus
Bigeye, Priacanthus arenatus
Longspine squirrelfish, Holocentrus rufus
Squirrelfish, Holocentrus adscensionis
Malacanthidae--Tilefishes
Blackline tilefish, Caulolatilus cyanops
Sand tilefish, Malacanthus plumieri
Carangidae--Jacks
Blue runner, Caranx crysos
Horse-eye jack, Caranx latus
Black jack, Caranx lugubris
Almaco jack, Seriola rivoliana
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Yellow jack, Caranx bartholomaei
Scaridae--Parrotfishes
Blue parrotfish, Scarus coeruleus
Midnight parrotfish, Scarus coelestinus
Princess parrotfish, Scarus taeniopterus
Queen parrotfish, Scarus vetula
Rainbow parrotfish, Scarus guacamaia
Redfin parrotfish, Sparisoma rubripinne
Redtail parrotfish, Sparisoma chrysopterum
Stoplight parrotfish, Sparisoma viride
Redband parrotfish, Sparisoma aurofrenatum
Striped parrotfish, Scarus croicensis
Acanthuridae--Surgeonfishes
Blue tang, Acanthurus coeruleus
Ocean surgeonfish, Acanthurus bahianus
Doctorfish, Acanthurus chirurgus
Balistidae--Triggerfishes
Ocean triggerfish, Canthidermis sufflamen
Queen triggerfish, Balistes vetula
Sargassum triggerfish, Xanthichthys rigens
Monacanthidae--Filefishes
Scrawled filefish, Aluterus scriptus
Whitespotted filefish, Cantherhines macrocerus
Black durgon, Melichthys niger
Ostraciidae--Boxfishes
Honeycomb cowfish, Lactophrys polygonia
Scrawled cowfish, Lactophrys quadricornis
Trunkfish, Lactophrys trigonus
Spotted trunkfish, Lactophrys bicaudalis
Smooth trunkfish, Lactophrys triqueter
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Puddingwife, Halichoeres radiatus
Spanish hogfish, Bodianus rufus
Pomacanthidae--Angelfishes
Queen angelfish, Holacanthus ciliaris
Gray angelfish, Pomacanthus arcuatus
French angelfish, Pomacanthus paru
Aquarium Trade--The following aquarium trade species are included for
data collection purposes only:
Frogfish, Antennarius spp.
Flamefish, Apogon maculatus
Conchfish, Astrapogen stellatus
Redlip blenny, Ophioblennius atlanticus
Peacock flounder, Bothus lunatus
Longsnout butterflyfish, Chaetodon aculeatus
Foureye butterflyfish, Chaetodon capistratus
Spotfin butterflyfish, Chaetodon ocellatus
Banded butterflyfish, Chaetodon striatus
Redspotted hawkfish, Amblycirrhitus pinos
Flying gurnard, Dactylopterus volitans
Atlantic spadefish, Chaetodipterus faber
Neon goby, Gobiosoma oceanops
Rusty goby, Priolepis hipoliti
Royal gramma, Gramma loreto
Creole wrasse, Clepticus parrae
Yellowcheek wrasse, Halichoeres cyanocephalus
Yellowhead wrasse, Halichoeres garnoti
Clown wrasse, Halichoeres maculipinna
Pearly razorfish, Hemipteronotus novacula
Green razorfish, Hemipteronotus splendens
Bluehead wrasse, Thalassoma bifasciatum
Chain moray, Echidna catenata
[[Page 62084]]
Green moray, Gymnothorax funebris
Goldentail moray, Gymnothorax miliaris
Batfish, Ogcocepahalus spp.
Goldspotted eel, Myrichthys ocellatus
Yellowhead jawfish, Opistognathus aurifrons
Dusky jawfish, Opistognathus whitehursti
Cherubfish, Centropyge argi
Rock beauty, Holacanthus tricolor
Sergeant major, Abudefduf saxatilis
Blue chromis, Chromis cyanea
Sunshinefish, Chromis insolata
Yellowtail damselfish, Microspathodon chrysurus
Dusky damselfish, Pomacentrus fuscus
Beaugregory, Pomacentrus leucostictus
Bicolor damselfish, Pomacentrus partitus
Threespot damselfish, Pomacentrus planifrons
Glasseye snapper, Priacanthus cruentatus
High-hat, Equetus acuminatus
Jackknife-fish, Equetus lanceolatus
Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
Butter hamlet, Hypoplectrus unicolor
Swissguard basslet, Liopropoma rubre
Greater soapfish, Rypticus saponaceus
Orangeback bass, Serranus annularis
Lantern bass, Serranus baldwini
Tobaccofish, Serranus tabacarius
Harlequin bass, Serranus tigrinus
Chalk bass, Serranus tortugarum
Caribbean tonguefish, Symphurus arawak
Seahorses, Hippocampus spp.
Pipefishes, Syngnathus spp.
Sand diver, Synodus intermedius
Sharpnose puffer, Canthigaster rostrata
Porcupinefish, Diodon hystrix
* * * * *
Table 5 of Appendix A to Part 622--Caribbean Conch Resources
Queen conch, Strombus gigas
The following species are included for data collection purposes only:
Atlantic triton's trumpet, Charonia variegata
Cameo helmet, Cassis madagascarensis
Green star shell, Astrea tuber
Hawkwing conch, Strombus raninus
Milk conch, Strombus costatus
Roostertail conch, Strombus gallus
West Indian fighting conch, Strombus pugilis
True tulip, Fasciolaria tulipa
[FR Doc. 05-21559 Filed 10-25-05; 1:46 pm]
BILLING CODE 3510-22-S