[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-27371] [[Page Unknown]] [Federal Register: November 7, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 654 [Docket No. 941002-4302; I.D. 092794B] RIN 0648-AG23 Stone Crab Fishery of the Gulf of Mexico AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues this proposed rule to implement Amendment 5 to the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP). This rule would establish a temporary moratorium, ending not later than June 30, 1998, on the Federal registration of stone crab vessels by the Director, Southeast Region, NMFS (Regional Director), and would invalidate any Federal numbers and color codes issued by the Regional Director after July 1, 1994, for use on stone crab vessels and gear. In addition, NMFS proposes changes to correct and clarify the regulations, conform them to current standards, and enhance enforcement. DATES: Written comments must be received on or before December 19, 1994. 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 Amendment 5, which includes a regulatory impact review and an environmental assessment, should be sent to the Gulf of Mexico Fishery Management Council, 5401 W. Kennedy Boulevard, Suite 331, Tampa, FL 33609-2486, FAX: 813-225-7015. FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305. SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico Fishery Management Council (Council) and is implemented by regulations at 50 CFR part 654 under the authority of the Magnuson Fishery Conservation and Management Act (Magnuson Act). The stone crab fishery managed under the FMP is located entirely off the coast of Florida, with the majority of harvest from Florida's waters. Florida has actively managed the fishery since 1929. The FMP was implemented in 1979, principally to regulate the activities of shrimp vessels registered in states other than Florida to resolve gear conflicts with stone crab fishermen. Other FMP objectives included managing the stone crab resource for optimum yield, conserving the stocks while attaining full utilization, establishing an effective reporting system, and promoting uniformity of the regulations throughout the management area. The FMP, as amended addressed the gear conflicts and adopted Florida's rules for stone crab in the exclusive economic zone (EEZ). The biological condition of the stone crab fishery is stable, with landings of claws averaging about 3 million lb (1.36 million kg) annually. During the early development of the fishery, annual landings increased as fishing effort increased; however, landings since 1985 have not increased while fishing effort has doubled. The fishery currently has more participants and stone crab traps than are necessary to harvest efficiently the optimum yield. Florida is considering a moratorium on the issuance of State permits for the stone crab fishery while alternatives for a possible effort limitation or controlled access system are considered. The current regulations provide for the issuance by the Regional Director of Federal numbers and color codes for stone crab fishing in the EEZ when an applicant is unable to obtain a State permit. However, the Regional Director has not issued any Federal numbers/color codes under the current regulations. Amendment 5 would place a temporary moratorium ending not later than June 30, 1998, on the issuance by the Regional Director of Federal numbers and color codes for use on stone crab vessels and gear, and would invalidate any permits issued between July 1, 1994, and the effective date of the regulations implementing Amendment 5. This moratorium would end no later than June 30, 1998, and would discourage speculative entry into the fishery while potential effort or access controls are considered by the industry, Florida, and the Council. NMFS published notification of the proposed moratorium on July 1, 1994 (59 FR 33947), which advised fishermen that, if Amendment 5 is approved and implemented, any Federal numbers/color codes issued between July 1, 1994, and the effective date of the implementing regulations would no longer be valid. During the 4-year moratorium period, it is reasonably expected that the Council will propose further management measures that would revise the provisions for the issuance of Federal numbers/color codes. Accordingly, NMFS proposes to remove the current provisions regarding Federal issuance of numbers/color codes at this time rather than suspend their effectiveness for the 4-year period. If needed, any such provisions will be implemented by a subsequent rulemaking to be effective when the moratorium actually expires. Additional Measures in Amendment 5 Amendment 5 proposes a procedure whereby the Florida Marine Fisheries Commission (FMFC) may request the Regional Director to implement in the EEZ by regulatory amendment, with the Council's review and concurrence, modification to certain gear and harvest limitations applicable to State waters that were proposed by the FMFC and approved by the Florida Governor and Cabinet. The regulatory amendment process requires publication of a proposed rule in the Federal Register, a public comment period, and, if the rule is approved, publication of a final rule in the Federal Register. The specific steps of the regulatory amendment procedure under the enhanced cooperative management system proposed in Amendment 5 are contained on pages 8-10 of the amendment. Under Amendment 5, the Council, FMFC, and NMFS would adopt a protocol that describes the roles and positions of the Federal and State governments in the management of the stone crab fishery. The provisions of the protocol would be as follows: 1. The Council and NMFS acknowledge that the fishery is a State fishery (which extends into the EEZ) in terms of current participants in the directed fishery, major nursery, fishing, and landing areas, and historical regulation; and it is a fishery requiring cooperative State/ Federal efforts for effective management through an FMP. 2. The Council and NMFS acknowledge that the State is managing and will continue to manage the resource to protect and increase the long- term yields and prevent depletion of the stone crab stocks and that the State Administrative Procedure Act and rule implementation procedures, including final approval of the rules by Governor and Cabinet, provide ample and fair opportunity for all persons to participate in the rulemaking procedure. 3. The FMFC acknowledges that rules proposed for implementation under this amendment must be consistent with the management objectives of the FMP, the national standards, other provisions of the Magnuson Act, and other applicable Federal law. Federal rules will be implemented in accordance with regulatory amendment procedures. 4. The Council and NMFS agree that, for any of the rules defined within this amendment, the State may propose the rule directly to NMFS, concurrently informing the Council of the nature of the rule, and that NMFS will implement the rule within the EEZ, provided it is consistent under protocol number 3. If the Council informs NMFS of its concern that the rule may be inconsistent with the FMP and Federal law (protocol number 3), NMFS will not implement the rule until the Council, FMFC, and NMFS, or their representatives, meet and resolve the issue. 5. The State will have the responsibility for collecting and developing the information upon which to base the fishing rules, with assistance by NMFS, as needed, and will cooperatively share the responsibility for enforcement with the Federal agencies. 6. The FMFC will provide NMFS and the Council written explanations of its decisions related to each of the rules (including a statement of the problem that the rulemaking addresses, how the rule will solve the problem, and how interested parties were involved in the rulemaking), summaries of public comments, biological, economic and social analyses of the impacts of the proposed rule and alternatives, and such other information that is relevant. 7. The rules will apply to the management area (the EEZ off the west coast of Florida and off the south side of the Florida Keys). 8. NMFS agrees that its staff will prepare the proposed (and final) Federal rule. The Council agrees that its staff, with assistance by the staffs of FMFC and NMFS, will prepare the environmental assessment, regulatory impact review, and/or other documents required in support of the rule. The Council believes that using a regulatory amendment procedure under the protocol would provide more flexible, responsive, and cost- effective management of the stone crab fishery. The following rules or regulatory changes could be implemented under the protocol: Limiting the number of traps that may be fished by each vessel; the construction characteristics of traps; gear and vessel identification requirements; gear that may be used or prohibited in a directed fishery; bycatch levels in non-directed fisheries; seasons; soak/removal periods and requirements for traps; use, possession and handling of stone crabs aboard vessels; and minimum legal sizes. Concomitant with the proposed regulatory amendment procedure, Amendment 5 proposes to add to the objectives of the FMP the following: ``Provide for a more flexible management system that minimizes regulatory delay to assure more effective, cooperative state and federal management of the fishery.'' These additional measures in Amendment 5 do not require implementing regulations. Additional background and rationale for the measures discussed above are contained in Amendment 5, the availability of which was announced in the Federal Register on September 30, 1994 (59 FR 49908). Additional Measures Proposed by NMFS In a significant number of sections, the stone crab regulations do not conform to current standards applicable to other federally managed fisheries in the Gulf of Mexico and off the southern Atlantic states. Accordingly, NMFS proposes to revise the entire part 654. The substantive changes proposed by NMFS are discussed below. The purpose and scope section, Sec. 654.1, would be revised to clarify the geographical scope of the regulations. In Sec. 654.2, unused definitions would be removed and the address of the Director, Southeast Region, NMFS, would be corrected. The vessel and gear identification requirements, currently in Sec. 654.4, are essentially identical to Florida's requirements. Since all required identification markings would be issued by Florida, separate Federal vessel and gear identification requirements would no longer be necessary. Accordingly, this rule would refer to pertinent rules of Florida for such requirements. In Sec. 654.7, the prohibitions would be restated and prohibitions would be added: (1) On using fishing gear in a manner to obstruct fishing or damage vessels and gear; (2) on making a false statement to an authorized officer; and (3) regarding interference with an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Magnuson Act. For uniformity and clarity, NMFS proposes to restate the seasonal trawl closures in the area off the southwestern coast of Florida and in the shrimp/stone crab separation zones in terms of ``trawling.'' Currently the regulations at Sec. 654.23 state these closures in terms of ``trawl gear'' and ``fish(ing) for shrimp.'' For the southwestern Florida closure, the change in terminology is not substantive. For the shrimp/stone crab separation zones, the change would ease a restriction, in that fishing for shrimp by traps would not be prohibited in the zones/times in which fishing for shrimp is currently prohibited. In terms of gear separation, which is the purpose of the shrimp/stone crab separation zones, fixed gear and trawling would continue to be separated. In addition, the description of the area of the southwestern Florida seasonal trawl closure, and its depiction currently in figure 1, would be clarified to describe and show only the area that is in the EEZ. The current regulations at Sec. 654.23(b)(2) prohibit intentional/ willful interference with fishing or obstruction or damage of a fishing vessel or fishing gear. The placement of this prohibition in the paragraph dealing with the shrimp/stone crab separation zones creates an inference that it applies only in such zones. However, the rules that originally implemented the prohibition stated that it applied ``in the FCZ'' (49 FR 30713, August 1, 1984). The former FCZ (fisheries conservation zone) is now the EEZ. Because such interference, obstruction, or damage is reprehensible wherever it occurs, NMFS proposes to clarify that these acts are prohibited throughout the management area. The inclusion of the phrase ``with intent to'' and the word ``willfully'' in the current language regarding these acts significantly reduces their effectiveness--proof of intent or willfulness is difficult. To enhance enforceability, NMFS proposes to remove ``with intent to'' and ``willfully'' and substitute ``knowingly'' in each case. Proof of a violation would then hinge on the placement, or use of articles or gear that cause obstruction or damage, if such placement or use was other than by accident. The procedures for creation or modification of the shrimp/stone crab separation zones to prevent gear conflicts, currently at Sec. 654.24 would be removed. These procedures apply to Florida regulatory agencies, the Council, and NMFS and are contained in the FMP. However, they are not regulatory in nature; that is, they do not control the behavior of fishermen. Therefore, their inclusion in the regulations is not necessary. 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 amendment and regulations. At this time, NMFS has not determined that Amendment 5 is consistent with the national standards, other provisions of the Magnuson Act, and other applicable laws. NMFS, in making that determination, will take into account the data, views, and comments received during the comment period. This action has been determined to be not significant for purposes of E.O. 12866. 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 moratorium on Federal registration of stone crab vessels operating in the EEZ would not: (1) Reduce the number of current participants in the fishery, harvest levels, or annual gross revenues of participants; (2) affect production or compliance costs of participants; (3) require capital investment to comply with the rule; or (4) require a current participant to cease business. As a result, a regulatory flexibility analysis was not prepared. List of Subjects in 50 CFR Part 654 Fisheries, Fishing. Dated: October 28, 1994. Charles Karnella, Acting Deputy Assistant Administrator for Fisheries, National Marine Fisheries. For the reasons set out in the preamble, 50 CFR part 654 is proposed to be revised to read as follows: PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO Subpart A--General Measures Sec. 654.1 Purpose and scope. 654.2 Definitions. 654.3 Relation to other laws. 654.4 Permits and fees. [Reserved] 654.5 Recordkeeping and reporting. [Reserved] 654.6 Vessel and gear identification. 654.7 Prohibitions. 654.8 Facilitation of enforcement. 654.9 Penalties. Subpart B--Management Measures 654.20 Seasons. 654.21 Harvest limitations. 654.22 Gear restrictions. 654.23 Southwest Florida seasonal trawl closure. 654.24 Shrimp/stone crab separation zones. 654.25 Prevention of gear conflicts. 654.26 Specifically authorized activities. Appendix A to part 654--Figures Authority: 16 U.S.C. 1801 et seq. Subpart A--General Measures Sec. 654.1 Purpose and scope. (a) The purpose of this part is to implement the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico, prepared by the Gulf of Mexico Fishery Management Council under the Magnuson Act. (b) This part governs conservation and management of stone crab and restricts the trawl fishery in the management area. (c) ``EEZ'' in this part 654 refers to the EEZ in the management area, unless the context clearly indicates otherwise. Sec. 654.2 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: Management area means the EEZ off the west coast of Florida and off the south side of the Florida Keys. Regional Director means the Director, Southeast Region, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, telephone: 813- 570-5301; or a designee. Stone crab means Menippe mercenaria, M. adina, or the hybrid, M. adina X M. mercenaria, or a part thereof. Sec. 654.3 Relation to other laws. (a) The relation of this part to other laws is set forth in Sec. 620.3 of this chapter and paragraphs (b) and (c) of this section. (b) The regulations in this part are intended to be compatible with, and do not supersede, similar regulations in effect for the Everglades National Park (36 CFR 7.45). (c) The regulations in this part are intended to be compatible with similar regulations and statutes in effect in Florida's waters. Sec. 654.4 Permits and fees. [Reserved] Sec. 654.5 Recordkeeping and reporting. [Reserved] Sec. 654.6 Vessel and gear identification. (a) An owner or operator of a vessel that is used to harvest stone crabs by traps in the management area must comply with the vessel and gear identification requirements applicable to the harvesting of stone crabs by traps in Florida's waters, as specified in Rule 16N-8.001 and Rule 46-13.002(2) (e) and (f), Florida Administrative Code. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the Florida Marine Fisheries Commission, 2540 Executive Center Circle, West, Suite 106, Tallahassee, FL 32301; telephone 904-487-0554. Copies may be inspected at the Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, or the Office of the Federal Register, 800 North Capitol Street, NW., room 700, Washington, DC 20002. (b) A stone crab trap or buoy in the EEZ that is not in compliance with the gear identification requirements specified in paragraph (a) above is illegal. Such trap or buoy, and any connecting lines, will be considered unclaimed or abandoned property and may be disposed of in any manner considered appropriate by the Secretary or an authorized officer. An owner of such trap or buoy remains subject to appropriate civil penalties. A stone crab trap will be presumed to be the property of the most recently documented owner. Sec. 654.7 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) Falsify or fail to display and maintain vessel and gear identification, as required by Sec. 654.6(a). (b) Possess a stone crab in the management area during the period specified in Sec. 654.20(a). (c) Possess a stone crab trap in the management area during the period specified in Sec. 654.20(c). (d) Remove from a stone crab in or from the management area, or possess in the management area, a claw that is less than the minimum size limit specified in Sec. 654.21(a). (e) Fail to return immediately to the water unharmed an egg-bearing stone crab, or strip eggs from or otherwise molest an egg-bearing stone crab; as specified in Sec. 654.21(b). (f) Hold a stone crab in or from the management area aboard a vessel other than as specified in Sec. 654.21(c). (g) Use or possess in the management area a stone crab trap that does not have a biodegradable panel, as specified in Sec. 654.22(a). (h) Pull or tend a stone crab trap in the management area other than during daylight hours, as specified in Sec. 654.22(b). (i) Willfully tend, open, pull, or otherwise molest another fisherman's trap, buoy, or line in the management area, as specified in Sec. 654.22(c). (j) Trawl in a closed area or during a closed season, as specified in Secs. 654.23 or 654.24, or as may be implemented under Sec. 654.25(b). (k) Place a stone crab trap in a closed area or during a closed season, as specified in Sec. 654.24, or as may be implemented under Sec. 654.25(b). (l) Interfere with fishing or obstruct or damage fishing gear or the fishing vessel of another, as specified in Sec. 654.25(a). (m) Make any false statement, oral or written, to an authorized officer concerning the taking, catching, harvesting, landing, purchase, sale, possession, or transfer of stone crab. (n) 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. 654.8 Facilitation of enforcement. See Sec. 620.8 of this chapter. Sec. 654.9 Penalties. See Sec. 620.9 of this chapter. Subpart B--Management Measures Sec. 654.20 Seasons. (a) Closed season. No person may possess a stone crab in the management area from 12:01 a.m., local time, May 16, through 12:00 midnight, local time, October 14, each year. Holding a stone crab in a trap in the water during a soak period or during a removal period (see paragraph (b) of this section), or during any extension thereto, is not deemed possession, provided that, if the trap is removed from the water during such period, such crab is returned immediately to the water with its claws unharvested. (b) Placement of traps. (1) Prior to the fishing season, the period of October 5 through October 14 is established as a trap soak period. A stone crab trap may be placed in the management area not earlier than 1 hour before sunrise on October 5. (2) After the fishing season, the period of May 16 through May 20 is established as a trap removal period. A stone crab trap must be removed from the management area not later than 1 hour after sunset on May 20, unless an extension to the removal period is granted by Florida in accordance with Rule 46-13.002(2)(b), Florida Administrative Code. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the Florida Marine Fisheries Commission, 2540 Executive Center Circle, West, Suite 106, Tallahassee, FL 32301; telephone 904-487-0554. Copies may be inspected at the Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, or the Office of the Federal Register, 800 North Capitol Street, NW., Room 700, Washington, DC 20002. The extension authorization must be carried aboard the fishing vessel. The operator of a fishing vessel must present the authorization for inspection upon request of an authorized officer. (c) Possession of stone crab traps. A stone crab trap may not be possessed in the management area from the end of the trap removal period, or an extension thereto, to the beginning of the trap soak period, as specified in paragraph (b) of this section. A stone crab trap, float, or rope in the management area during this period will be considered unclaimed or abandoned property and may be disposed of in any manner considered appropriate by the Secretary or an authorized officer. An owner of such trap, float, or rope remains subject to appropriate civil penalties. Sec. 654.21 Harvest limitations. (a) Claw size. No person may remove from a stone crab in or from the management area, or possess in the management area, a claw with a propodus measuring less than 2.75 inches (7.0 cm), measured in a straight line from the elbow to the tip of the lower immovable finger. The propodus is the largest section of the claw assembly that has both a movable and immovable finger and is located farthest from the body when the entire appendage is extended. (See Appendix A, Figure 1.) (b) Egg-bearing stone crabs. An egg-bearing stone crab in or from the management area must be returned immediately to the water unharmed--without removal of a claw. An egg-bearing stone crab may not be stripped of its eggs or otherwise molested. (c) Holding stone crabs. A live stone crab in or from the management area may be held aboard a vessel until such time as a legal- sized claw is removed, provided it is held in a container that is shaded from direct sunlight and it is wet with sea water as necessary to keep it in a damp condition. Containers holding stone crabs must be stacked in a manner that does not compress the crabs. A stone crab body from which a legal-sized claw has been removed must be returned to the sea before the vessel reaches shore or a port or dock. Sec. 654.22 Gear restrictions. (a) Biodegradable panels. A stone crab trap used or possessed in the management area must have a panel constructed of wood or cotton and located on a side of the trap at least two slats above the bottom, or on the top of the trap, which, when removed, will leave an opening in the trap measuring at least 2.5 inches by 5 inches (6.35 cm by 12.7 cm). (b) Daylight hours. A stone crab trap in the management area may be pulled or tended during daylight hours only, that is, from 1 hour before sunrise to 1 hour after sunset. (c) Gear belonging to others. No fisherman may willfully tend, open, pull, or otherwise molest another fisherman's trap, buoy, or line in the management area without the prior written consent of that fisherman. Sec. 654.23 Southwest Florida seasonal trawl closure. From January 1 to 1 hour after sunset (local time) May 20, each year, the area described in this section is closed to trawling, including trawling for live bait. The area is that part of the management area shoreward of a line connecting the following points (see Appendix A, Figure 2): ------------------------------------------------------------------------ Point North latitude West longitude ------------------------------------------------------------------------ B\1\....................... 26 deg.16' 81 deg.58.5' C.......................... 26 deg.00' 82 deg.04' D.......................... 25 deg.09' 81 deg.47.6' E.......................... 24 deg.54.5' 81 deg.50.5' M\1\....................... 24 deg.49.3' 81 deg.46.4' ------------------------------------------------------------------------ \1\On the seaward limit of Florida's waters. Sec. 654.24 Shrimp/stone crab separation zones. Five zones are established in the management area and Florida's waters off Citrus and Hernando Counties for the separation of shrimp trawling and stone crab trapping. The zones are as shown in Appendix A, Figure 3. Although Zone II is entirely within Florida's waters, it is included in this paragraph and Appendix A, Figure 3, for the convenience of fishermen. Restrictions that apply to Zone II and those parts of the other zones that are in Florida's waters are contained in Rule 46-38.001, Florida Administrative Code. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the Florida Marine Fisheries Commission, 2540 Executive Center Circle, West, Suite 106, Tallahassee, FL 32301; telephone 904- 487-0554. Copies may be inspected at the Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, or the Office of the Federal Register, 800 North Capitol Street, NW., Room 700, Washington, DC 20002. Geographical coordinates of the points referred to in this paragraph and shown in Appendix A, Figure 3, are as follows (loran readings are unofficial and are included only for the convenience of fishermen): ---------------------------------------------------------------------------------------------------------------- Loran Chain 7980 Point North latitude West longitude --------------------------------------------------- W X Y Z ---------------------------------------------------------------------------------------------------------------- A...................... 28 deg.59'30'' 82 deg.45'36'' 14416.5 31409.4 45259.1 62895.3 B...................... 28 deg.59'30'' 83 deg.00'10'' 14396.0 31386.3 45376.8 63000.0 C...................... 28 deg.26'01'' 82 deg.59'47'' 14301.5 31205.9 45103.2 63000.0 D...................... 28 deg.26'01'' 82 deg.56'54'' 14307.0 31212.2 45080.0 62981.3 E...................... 28 deg.41'39'' 82 deg.55'25'' 14353.7 31300.2 45193.9 62970.0 F...................... 28 deg.41'39'' 82 deg.56'09'' 14352.4 31298.6 45199.4 62975.0 G...................... 28 deg.48'56'' 82 deg.56'19'' 14372.6 31337.2 45260.0 62975.0 H...................... 28 deg.53'51'' 82 deg.51'19'' 14393.9 31371.8 45260.0 62938.7 I...................... 28 deg.54'43'' 82 deg.44'52'' (\1\) (\1\) (\1\) (\1\) J...................... 28 deg.51'09'' 82 deg.44'00'' (\2\) (\2\) (\2\) (\2\) K...................... 28 deg.50'59'' 82 deg.54'16'' 14381.6 31351.8 45260.0 62960.0 L...................... 28 deg.41'39'' 82 deg.53'56'' 14356.2 31303.0 45181.7 62960.0 M...................... 28 deg.41'39'' 82 deg.38'46'' (\3\) (\3\) (\3\) (\3\) N...................... 28 deg.41'39'' 82 deg.53'12'' 14357.4 31304.4 45176.0 62955.0 O...................... 28 deg.30'51'' 82 deg.55'11'' 14323.7 31242.4 45104.9 62970.0 P...................... 28 deg.40'00'' 82 deg.53'08'' 14352.9 31295.7 45161.8 62955.0 Q...................... 28 deg.40'00'' 82 deg.47'58'' 14361.3 31305.4 45120.0 62920.0 R...................... 28 deg.35'14'' 82 deg.47'47'' 14348.6 31280.6 45080.0 62920.0 S...................... 28 deg.30'51'' 82 deg.52'55'' 14327.7 31247.0 45086.6 62955.0 T...................... 28 deg.27'46'' 82 deg.55'09'' 14315.2 31225.8 45080.0 62970.0 U...................... 28 deg.30'51'' 82 deg.52'09'' 14329.1 31248.6 45080.0 62949.9 ---------------------------------------------------------------------------------------------------------------- \1\Crystal River Entrance Light 1A. \2\Long Pt. (southwest tip). \3\Shoreline. (a) Zone I is enclosed by rhumb lines connecting, in order, points A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points A and J. It is unlawful to trawl in that part of Zone I that is in the EEZ during the period October 5 through May 20, each year. (b) Zone II is enclosed by rhumb lines connecting, in order, points J, I, H, K, L, and M, plus the shoreline between points J and M. (c) Zone III is enclosed by rhumb lines connecting, in order, points P, Q, R, U, S, and P. It is unlawful to trawl in that part of Zone III that is in the EEZ during the period October 5 through May 20, each year. (d) Zone IV is enclosed by rhumb lines connecting, in order, points E, N, S, O, and E. (1) It is unlawful to place a stone crab trap in that part of Zone IV that is in the EEZ during the periods October 5 through December 1, and April 2 through May 20, each year. (2) It is unlawful to trawl in that part of Zone IV that is in the EEZ during the period December 2 through April 1, each year. (e) Zone V is enclosed by rhumb lines connecting, in order, points F, G, K, L, and F. (1) It is unlawful to place a stone crab trap in that part of Zone V that is in the EEZ during the periods October 5 through November 30, and March 16 through May 20, each year. (2) It is unlawful to trawl in that part of Zone V that it is in the EEZ during the period December 1 through March 15, each year. (f) A stone crab trap, float, or rope in the management area during a period not authorized by this section will be considered unclaimed or abandoned property and may be disposed of in any manner considered appropriate by the Secretary or an authorized officer. An owner of such trap, float, or rope remains subject to appropriate civil penalties. A stone crab trap will be presumed to be the property of the most recently documented owner. Sec. 654.25 Prevention of gear conflicts. (a) No person may knowingly place in the management area any article, including fishing gear, that interferes with fishing or obstructs or damages fishing gear or the fishing vessel of another; or knowingly use fishing gear in such a fashion that it obstructs or damages the fishing gear or fishing vessel of another. (b) In accordance with the procedures and restrictions of the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico, the Regional Director may modify or establish separation zones for shrimp trawling and the use of fixed gear as may be necessary and appropriate to prevent gear conflicts. Necessary prohibitions or restrictions will be published in the Federal Register. Sec. 654.26 Specifically authorized activities. The Regional Director may authorize, for the acquisition of information and data, activities otherwise prohibited by the regulations in this part. Appendix A to Part 654--Figures Figure 1--Stone Crab Claw Figure 2--Southwest Florida Seasonal Trawl Closure Figure 3--Shrimp/Stone Crab Separation Zones BILLING CODE 3510-22-P![]()
TP07NO94.000 ![]()
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TP07NO94.002 [FR Doc. 94-27371 Filed 11-2-94; 4:28 pm] BILLING CODE 3510-22-C