[Federal Register Volume 59, Number 187 (Wednesday, September 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23996]


[Federal Register: September 28, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 695

[Docket No. 940956-4256; I.D. 081594D ]
RIN 0648-AD31


Vessels of the United States Fishing in Colombian Treaty Waters

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 amend the regulations that 
govern fishing by vessels of the United States in certain waters of the 
Caribbean Sea covered by a treaty between the United States and the 
Government of Colombia (GOC). This rule requires that such vessels in 
treaty waters display their official numbers and that fish and lobster 
traps used in treaty waters have degradable panels. The intended effect 
of this rule is to implement conservation and management measures 
agreed to in consultations between the United States and the GOC.

EFFECTIVE DATE: October 28, 1994.

FOR FURTHER INFORMATION CONTACT: W. Perry Allen, 813-570-5326.

SUPPLEMENTARY INFORMATION: Fishing by vessels of the United States in 
certain waters of the Caribbean Sea is governed under the Treaty 
Between the Government of the United States of America and the 
Government of the Republic of Colombia Concerning the Status of Quita 
Sueno, Roncador and Serrana (treaty). Under the terms of the treaty, 
vessels of the United States may fish in the waters of Quita Sueno, 
Roncador, and Serrana (treaty waters), but are subject to reasonable 
conservation measures applied by the GOC, provided that such measures 
are nondiscriminatory and no more restrictive than those applied to 
Colombian or other fishermen.
    NMFS published proposed and final rules on September 18, 1990 (55 
FR 38365) and January 4, 1991 (56 FR 377), respectively, that 
implemented regulations for treaty waters. Included in the proposed 
rule were requirements that (1) U.S. vessels display their official 
numbers when in treaty waters, and (2) nonwooden fish and lobster traps 
in treaty waters have degradable panels. These requirements were not 
included in the final rule because a necessary exchange of notes 
between the United States and the GOC regarding the requirements had 
not occurred. Such exchange of notes was made at a meeting of 
representatives of the two governments on May 17-18, 1994, at 
Cartagena, Colombia. Accordingly, the requirements are added to the 
regulations. Rationale for the requirements was included in the 
proposed rule and is not repeated here.
    This final rule also corrects the address of the Director, 
Southeast Region, NMFS (``Regional Director''); and adds a prohibition 
on making a false statement to an authorized officer concerning the 
taking, catching, harvesting, landing, purchase, sale, possession, or 
transfer of fish. The added prohibition is necessary for effective 
enforcement and conforms the regulations to current standards.

Changes From the Proposed Rule

    Minor language changes are made to clarify the regulations and 
conform them to current standards.

Classification

    This rule is necessary to implement agreements between the United 
States and the GOC. Because it pertains to a foreign affairs function 
of the United States, it is exempt from the provisions of E.O. 12866, 
and from the requirement to provide notice and an opportunity for 
public comment pursuant to authority at 5 U.S.C. 553(a)(1).

List of Subjects in 50 CFR Part 695

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: September 23, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 695 is amended 
as follows:

PART 695--VESSELS OF THE UNITED STATES FISHING IN COLOMBIAN TREATY 
WATERS

    1. The authority citation for part 695 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 695.2, the definition of ``Regional Director'' is 
revised to read as follows:


Sec. 695.2  Definitions.

* * * * *
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive, St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
* * * * *
    3. In Sec. 695.6, text is added to read as follows:


Sec. 695.6  Vessel identification.

    (a) Official number. A vessel with a permit issued pursuant to 
Sec. 695.4, when in treaty waters, 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 each fishing vessel 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 aboard obstructs the view of the official 
number from an enforcement vessel or aircraft.
    4. In Sec. 695.7, paragraphs (f), (k), and (s) are added to read as 
follows:


Sec. 695.7  Prohibitions.

* * * * *
    (f) Falsify or fail to display and maintain vessel identification, 
as required by Sec. 695.6.
* * * * *
    (k) Use or possess in treaty waters a lobster trap or fish trap 
without a degradable panel, as specified in Sec. 695.21(d).
* * * * *
    (s) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of fish.
    5. In Sec. 695.21, text is added to paragraph (d) to read as 
follows:


Sec. 695.21  Vessel and gear restrictions.

* * * * *
    (d) Trap requirements. A lobster trap or fish trap used or 
possessed in treaty waters that is constructed of material other than 
wood must have an escape panel located in the upper half of the sides 
or on top of the trap that, when removed, will leave an opening no 
smaller than the throat or entrance of the trap. Such escape panel must 
be constructed of or attached to the trap with wood, cotton, or other 
degradable material.
* * * * *
[FR Doc. 94-23996 Filed 9-27-94; 8:45 am]
BILLING CODE 3510-22-P