[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]
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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.
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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
TP07NO94.001
TP07NO94.002
[FR Doc. 94-27371 Filed 11-2-94; 4:28 pm]
BILLING CODE 3510-22-C