[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2417]


[[Page Unknown]]

[Federal Register: February 3, 1994]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 940119-4019; I.D. 123093G]

 

Coral and Coral Reefs of the Gulf of Mexico and South Atlantic

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of control date for entry into the commercial fishery 
for live rock.

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SUMMARY: This notice announces that anyone entering the commercial 
fishery for live rock in the exclusive economic zone (EEZ) off the 
coastal states of the South Atlantic and Gulf of Mexico after February 
3, 1994 may not be assured of future access to the fishery if a 
management regime is developed and implemented under the Magnuson 
Fishery Conservation and Management Act (Magnuson Act) (16 U.S.C. 1801 
et seq.) that limits the number of participants in the fishery. This 
notice is intended to discourage new entries into the fishery based on 
economic speculation while the South Atlantic and Gulf of Mexico 
Fishery Management Councils (Councils) consider fishery management 
options that range from limited access to a total prohibition of live 
rock harvest.

ADDRESSES: A copy of draft Amendment 2 to the Fishery Management Plan 
for Coral and Coral Reefs of the Gulf of Mexico and South Atlantic may 
be obtained from the Gulf of Mexico and South Atlantic may be obtained 
from the Gulf of Mexico Fishery Management Council, Lincoln Center, 
suite 331, 5401 West Kennedy Boulevard, Tampa, Florida 33609-2468, or 
the South Atlantic Fishery Management Council, Southpark Building, 
Suite 306, 1 Southpark Circle, Charleston, South Carolina 29407-4699.

FOR FURTHER INFORMATION CONTACT:
Georgia Cranmore, 813-893-3161.

SUPPLEMENTARY INFORMATION: The Councils are developing Amendment 2 to 
the Fishery Management Plan for Coral and Coral Reefs of the Gulf of 
Mexico and the South Atlantic (FMP) that would add ``live rock'' to the 
fishery management unit. Live rock means certain living marine 
organisms, or an assemblage thereof, attached to a hard substrate 
(including dead coral or rock). In addition to live corals, these 
organisms may include anemones, sponges, tube worms, mollusks, 
crustaceans, bryozoans, sea squirts, and marine algae. Management 
measures adopted could include harvest limitations, such as limited 
entry or a total prohibition of harvest to prevent fishery habitat 
loss, a provision for aquaculture of live rock, and permits for 
scientific and educational collections.
    In 1989, the Florida Department of Natural Resources (FDNR) (now 
Department of Environmental Protection) determined that live rock 
harvest (i.e., the collection of rocks with marine organisms attached 
for use in home aquariums) was detrimental to the Florida Reef Tract 
and other hard bottom habitat areas. The Florida Marine Fisheries 
Commission (FMFC) noted that the only current net production of the 
carbonate substrate underlying live rock occurs on living rock reefs 
and, in Florida, these areas are either in equilibrium or eroding. FDNR 
personnel testified that more than 90 percent of the live rock examined 
at the request of enforcement agents contained visible colonies of 
prohibited corals, such as stony corals and sea fans. The FMFC 
concluded that live rock removal (1) can violate State and Federal laws 
that prohibit taking of corals, (2) reduces the surface area and 
topographic complexity of Florida's coral reefs and other live bottom 
areas, and (3) removes entire micro-communities along with targeted 
aquarium species. As a result of this rulemaking, live rock harvesting 
efforts shifted to the EEZ off Florida.
    The FMFC has noted that in 1991 approximately 35 individuals 
reported combined landings of about 300 tons of live rock from EEZ 
waters adjacent to the Florida Reef Tract, Florida's east coast reefs, 
and the Gulf of Mexico hard bottom areas. In 1992, reported Florida 
landings from the EEZ totalled about 400 tons.
    Although the Councils have discussed the live rock issue, 
particularly pertaining to EEZ waters over recent years, they took no 
regulatory action since the FMFC had decided to initiate rulemaking 
regarding live rock landings from the EEZ off Florida. Specifically, 
the Councils deferred action since Florida's planned phase-out of live 
rock landings appeared to address what seemed to be a Florida area 
management issue.
    In June 1992 the Florida Governor and Cabinet approved the FMFC 
rule to phase-out live rock landings from the EEZ over a 3-year period 
ending on June 30, 1995. The phase-out period was designed to allow 
development of live rock aquaculture which would be exempt from the 
harvest ban. The phase-out was to be accomplished by a 25 percent 
annual reduction in allowable landings (based on the 1991 reported 
landings) accompanied by a 500 pound daily vessel limit.
    On March 31, 1993, a U.S. District Court Judge issued a preliminary 
injunction to prevent enforcement of Florida's quota and vessel landing 
limits relating to possession or landing of live rock taken in the EEZ. 
Florida live rock fishermen argued that the Magnuson Act superseded 
state landing laws and the Councils had made ``an affirmative and 
conscious decision'' not to prohibit the taking of live rock in the 
EEZ.
    Because of the District Court action, the Councils are now 
concerned that removal of live rock from the EEZ is currently 
unregulated. Also, there is growing interest in harvest of live rock 
from North Carolina to Alabama. In April 1993, the South Atlantic 
Fishery Management Council (SAFMC) approved a motion to include live 
rock in the FMP and reactivate the Coral Advisory Panel. In May 1993, 
the Gulf Council, on being advised of live rock landings in Alabama, 
and at the request of that State and Florida, initiated development of 
options for live rock management. In June 1993, the SAFMC held a public 
scoping meeting in Duck Key, Florida, to solicit input from the 
harvesters and the general public on the management of live rock. In 
November 1993, the Councils prepared draft Amendment 2 to the FMP to 
address the live rock issue, and established a schedule for future 
public hearings. See addresses to obtain a copy of this document.
    In establishing a control date and making this announcement, the 
Councils intend to discourage speculative entry into the live rock 
fishery while they discuss possible management regimes. As the Councils 
consider a limited entry or access-controlled management regime, among 
other options, certain fishermen who do not currently harvest live 
rock, and never have done so, may decide to enter the fishery for the 
sole purpose of establishing a record of making commercial live rock 
landings. In the absence of a control date, such a record generally may 
be considered indicative of economic dependence on the fishery. In 
addition, when management authorities begin to consider use of a 
limited access management regime, speculative entry into a fishery 
often is responsible for a rapid increase in fishing effort that may 
exacerbate adverse environmental impacts.
    Establishment of a control date does not commit the Councils or the 
Secretary of Commerce to any particular management regime or criterion 
for entry into the commercial fishery for live rock. Fishermen are not 
guaranteed future participation in the fishery regardless of their date 
of entry or intensity of participation in the fishery before or after 
the control date. The Councils may subsequently choose a different 
control date, or they may choose a management regime that does not make 
use of such a date.

    Authority: 16 U.S.C. 1801 et seq.
    Dated: January 28, 1994.

Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-2417 Filed 2-2-94; 8:45 am]
BILLING CODE 3510-22-M