[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31421]


[[Page Unknown]]

[Federal Register: December 23, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 204 and 646

[Docket No. 940953-4347; I.D. 081594A]
RIN 0648-AE52

 

Snapper-Grouper Fishery Off the Southern Atlantic States

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 Amendment 7 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP). This rule changes the minimum size limits of 
certain species, requires charter vessels/headboats and dealers to 
obtain Federal permits, clarifies one of the earned income requirements 
for a vessel permit, restricts the sale/purchase of snapper-grouper 
species, modifies the criteria for determining when a vessel is 
operating as a headboat, modifies the requirements for possessing 
multi-day bag limits, specifies allowable gear, authorizes permits for 
experimental fishing, modifies the management unit for scup, clarifies 
the management unit for sea bass, and corrects and clarifies the 
regulations. The intended effects of this rule are to conserve snapper-
grouper species and enhance effective management of the snapper-grouper 
fishery. This rule also informs the public of the approval by the 
Office of Management and Budget (OMB) of three new collection-of-
information requirements contained in this rule.

EFFECTIVE DATE: January 23, 1995, except that Secs. 646.4 (d) and (e), 
(f) and (g), and 646.7(e) are effective December 23, 1994; and 
Secs. 646.4 (a)(3) and (a)(4), 646.7 (c), (d), and (mm), and 646.26(a) 
are effective March 1, 1995.

FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.

SUPPLEMENTARY INFORMATION: Snapper-grouper species off the southern 
Atlantic States are managed under the FMP. The FMP was prepared by the 
South Atlantic Fishery Management Council (Council), and is implemented 
through regulations at 50 CFR part 646, under the authority of the 
Magnuson Fishery Conservation and Management Act (Magnuson Act).
    The background and rationale for the measures in Amendment 7 and 
the additional measures proposed by NMFS were contained in the preamble 
to the proposed rule (59 FR 47833, September 19, 1994) and are not 
repeated here.

Comments and Responses

    Comments on the proposed rule were received from a commercial dive 
fisherman, the U.S. Fish and Wildlife Service, the Council, and the 
operator of a charter vessel.
    Comment: The U.S. Fish and Wildlife Service supported the proposed 
management measures in Amendment 7.
    Response: NMFS agrees.
    Comment: The Council reiterated its desire for the prohibition on 
use of powerheads in the EEZ off South Carolina and for the prohibition 
on bottom longlines south of St. Lucie Inlet. This was done by copying 
appropriate sections of Amendment 7 and resubmitting them.
    Response: NMFS agrees.
    Comment: The charter vessel operator commented that it is unfair to 
allow an excursion vessel to possess a 3-day bag limit of snappers and 
groupers when charter vessels are restricted to a 2-day bag limit.
    Response: This management measure was contained in Amendment 4, not 
Amendment 7, and therefore is outside the scope of this rulemaking. The 
commenter's letter has been forwarded to the Council for consideration.
    Comment: The commercial diver opposed the prohibition on use of 
powerheads in the EEZ off South Carolina. He commented that the South 
Carolina law banning the use of powerheads in State waters is 
unconstitutional because it limits interstate commerce and would not 
allow a fisherman to ship powerheaded fish through South Carolina. The 
commenter asked why enforcement of powerheading restrictions is a major 
problem with only 17 vessels using dive gear in that State. He asked 
why the Council has not prohibited sea bass trappings, because hundreds 
of vessels are engaged in that activity, which is also banned in 
special management zones (SMZs). He stated that if enforcement of the 
law on SMZs warrants prohibition of powerheads, it should warrant the 
prohibition of sea bass traps. He reported that South Carolina would 
like to make the entire EEZ off its border an SMZ, which would be 
unacceptable. He concluded by stating that no provisions have been made 
for transit of the EEZ off South Carolina with fish taken legally in 
other waters and that he would be unable to fish in Georgia and travel 
to North Carolina.
    Response: After reviewing the administrative record supporting the 
powerhead prohibition measure, NMFS believes that this measure is 
necessary to avoid serious user group conflicts in Federal waters off 
South Carolina. Additionally, the Council believes that South Carolina 
will be unable to enforce its prohibition on the use of powerheads and 
the prohibition on the use of powerheads in the SMZs off South Carolina 
unless powerheads are banned throughout the entire EEZ off South 
Carolina. This measure will result in consistent Federal and State 
regulations in the EEZ off South Carolina, which should enhance 
compliance with management measures. Also, fishermen may continue to 
use traditional spearfishing gear without powerheads. Fishermen will 
still be able to use powerheads for safety purposes. Although it is 
true that fishermen will not be able to transit the EEZ off South 
Carolina with mutiliated fish and a powerhead, there are no impediments 
to shipping fish through the State of South Carolina. Fishermen that 
catch fish with powerheads in the EEZ outside of South Carolina must 
land them in a state where the practice is legal. Since there is 
relatively little powerheading activity off South Carolina, few 
fishermen will be affected by this aspect of the measure. The Council 
believes that there is an increasing problem of competition between 
recreational and commercial fishermen using dive gear. This measure 
will reduce the possibility of conflict between these user groups. Sea 
bass potting has been a traditional fishing practice off South 
Carolina. The Council and NMFS do not believe that it is a law 
enforcement problem. Thus, it is not necessary to prohibit the use of 
sea bass pots in the EEZ.

Changes From the Proposed Rule

    This final rule clarifies that management of bank, rock, and black 
sea bass under the FMP and the regulations in part 646 applies only 
south of Cape Hatteras, North Carolina. This geographical limitation on 
the management of sea bass is contained in the FMP and is based on the 
fact that Cape Hatteras is the boundary between two distinct stocks of 
sea bass. The limitation as to black sea bass was discussed in the 
preamble to the proposed rule to implement the FMP (48 FR 26843, June 
10, 1983) and is reflected in the regulations by limitation of the 
minimum size limit to ``black sea bass south of Cape Hatteras, North 
Carolina * * *'' (50 CFR 646.21(a)(1)(i)). As with scup, this 
geographical limitation of the management unit allows the Mid-Atlantic 
Fishery Management Council to manage the northern stock of sea bass 
throughout its range.
    In lieu of amending the prohibitions in Sec. 646.7 via complex 
instructions involving redesignation of current paragraphs, this final 
rule publishes the entire section, even though a majority of the 
paragraphs are not substantively changed.
    The table in 50 CFR part 204 containing OMB control numbers for 
NOAA collection-of-information requirements is amended by adding the 
collection-of-information control numbers issued by the Office of 
Management and Budget (OMB), under provisions of the Paperwork 
Reduction Act (PRA), for the new collections contained in this rule.

Effective Dates

    This final rule requires the owners/operators of charter vessels/
headboats and dealers to obtain permits for the snapper-grouper 
fishery. In order to allow sufficient time for them to obtain and 
submit applications for permits and for NMFS to process such 
applications and issue permits, the measures and prohibitions regarding 
activities that may be conducted only with such permits, Secs. 646.4 
(a)(3) and (a)(4), 646.7 (c), (d), and (mm), and 646.26(a), do not 
become effective until March 1, 1995.
    In order for permits to be issued by March 1, 1995, it is essential 
that the application and permitting process begin as soon as possible. 
To accomplish this, Secs. 646.4 (d), (e), (f), and (g), which set forth 
procedures for making applications for such permits including the 
specification of what information is required and other related permit 
process matters, and Sec. 646.7(e), which prohibits falsification of 
any information on a permit application, are effective December 23, 
1994. To the extent that any of these provisions are substantive rather 
than procedural, the Assistant Administrator for Fisheries, NOAA, finds 
that, because a delay in the effectiveness of these provisions would 
not be in the public interest, good cause exists under section 
553(d)(3) of the Administrative Procedure Act not to delay their 
effective date.
    All other measures and related prohibitions are effective January 
23, 1995.

Classification

    The Regional Director determined that Amendment 7 is necessary for 
the conservation and management of the snapper-grouper fishery off the 
southern Atlantic states and that it is consistent with the Magnuson 
Act and other applicable law.
    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 when the proposed rule was published 
that this rule would not have a significant economic impact on a 
substantial number of small entities. The reasons for this 
certification were published in the preamble to the proposed rule (59 
FR 47833, September 19, 1994). As a result, a regulatory flexibility 
analysis was not prepared.
    This rule contains collection-of-information requirements subject 
to the PRA--namely, applications for charter vessel/headboat permits, 
applications for dealer permits, and applications for experimental 
fishing permits. These collections of information have been approved by 
OMB under OMB control number 0648-0205. The public reporting burdens 
for these collections of information are estimated to average 20 
minutes, 5 minutes, and 1 hour per response, respectively, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collections of information. Send comments regarding these reporting 
burden estimates or any other aspect of these collections of 
information, including suggestions for reducing the burdens, to Edward 
E. Burgess, Southeast Regional Office, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702 and to the Office of Information and 
Regulatory Affairs, OMB, Washington, DC 20503 (Attention: NOAA Desk 
Officer).

List of Subjects

50 CFR Part 204

    Reporting and recordkeeping requirements.

50 CFR Part 646

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 16, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 204 and 646 
are amended as follows:

PART 204--OMB CONTROL NUMBERS FOR NOAA INFORMATION COLLECTION 
REQUIREMENTS

    1. The authority citation for part 204 continues to read as 
follows:

    Authority: Paperwork Reduction Act of 1980, 44 U.S.C. 3501-3520 
(1982).


Sec. 204.1  [Amended]

    2. In Sec. 204.1(b), the table is amended by adding in the first 
column ``Sec. 646.29'' and adding in the corresponding position in the 
second column ``-0205''.

PART 646--SNAPPER-GROUPER FISHERY OFF THE SOUTHERN ATLANTIC STATES

    1. The title of part 646 is revised to read as set out above.
    2. The authority citation for part 646 continues to read as 
follows:

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

    3. Section 646.1 is revised to read as follows:


Sec. 646.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for the Snapper-Grouper Fishery of the South Atlantic Region 
prepared by the South Atlantic Fishery Management Council under the 
Magnuson Act.
    (b) This part governs conservation and management of fish in the 
snapper-grouper fishery in or from the EEZ off the southern Atlantic 
states, except that--
    (1) Sections 646.5 and 646.24 also apply to such fish in or from 
adjoining state waters; and
    (2) This part does not apply to bank, rock, or black sea bass or 
scup north of 35 deg.15.3' N. lat., the latitude of Cape Hatteras 
Light, NC.
    (c) ``EEZ'' in this part refers to the EEZ off the southern 
Atlantic states, unless the context clearly indicates otherwise.
    4. In Sec. 646.2, the definition of ``South Atlantic'' is removed; 
the definitions of ``Charter vessel'', ``Headboat'', and ``Regional 
Director'' are revised; and new definitions of ``Off North Carolina'', 
``Off South Carolina'', and ``Off the southern Atlantic states'' are 
added, in alphabetical order, to read as follows:


Sec. 646.2  Definitions.

* * * * *
    Charter vessel means a vessel less than 100 gross tons (90.8 metric 
tons) that meets the requirements of the Coast Guard to carry six or 
fewer passengers for hire and that carries a passenger for hire at any 
time during the calendar year. A charter vessel is considered to be 
operating as a charter vessel when it carries a passenger who pays a 
fee or when there are more than three persons aboard, including 
operator and crew.
* * * * *
    Headboat means a vessel that holds a valid Certificate of 
Inspection issued by the Coast Guard to carry passengers for hire. A 
headboat is considered to be operating as a headboat when it carries a 
passenger who pays a fee or when there are more persons aboard than the 
number of crew specified in the vessel's Certificate of Inspection.
    Off North Carolina means the waters off the east coast from 
36 deg.34'55'' N. lat. (extension of the boundary between Virginia and 
North Carolina) to a line extending in a direction of 135 deg.34'55'' 
from true north from the North Carolina/South Carolina boundary, as 
marked by the border station on Bird Island at 33 deg.51'07.9'' N. 
lat., 78 deg.32'32.6'' W. long.
    Off South Carolina means the waters off the east coast from a line 
extending in a direction of 135 deg.34'55'' from true north from the 
North Carolina/South Carolina boundary, as marked by the border station 
on Bird Island at 33 deg.51'07.9'' N. lat., 78 deg.32'32.6'' W. long., 
to a line extending in a direction of 104 deg. from true north from the 
seaward terminus of the South Carolina/Georgia boundary.
    Off the southern Atlantic states means the waters off the east 
coast from 36 deg.34'55'' N. lat. (extension of the boundary between 
Virginia and North Carolina) to the boundary between the Atlantic Ocean 
and the Gulf of Mexico, as specified in Sec. 601.11(c) of this chapter.
* * * * *
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
* * * * *
    5. In Sec. 646.4, paragraphs (e) through (m) are redesignated as 
paragraphs (f) through (n), respectively; paragraphs (a)(3), 
(b)(2)(vii)(B), (b)(2)(vii)(C), (d), the first sentences of newly 
designated paragraphs (f), (g)(1), (i)(1), and (i)(2), newly designated 
paragraph (j), and the first sentence of newly redesignated paragraph 
(n) are revised; and new paragraphs (a)(4), (a)(5), and (e) are added 
to read as follows:


Sec. 646.4  Permits and fees.

    (a) * * *
    (3) Annual charter vessel/headboat permits for snapper-grouper. A 
vessel that is operating as a charter vessel or headboat that fishes 
for fish in the snapper-grouper fishery in the EEZ, or possesses fish 
in the snapper-grouper fishery in or from the EEZ, must have on board a 
charter vessel/headboat permit for the snapper-grouper fishery.
    (4) Annual dealer permits for snapper-grouper, excluding wreckfish. 
A dealer who receives fish in the snapper-grouper fishery, excluding 
wreckfish, that were harvested in the EEZ must obtain an annual dealer 
permit for snapper-grouper, excluding wreckfish. To be eligible for 
such permit, an applicant must have a valid state wholesaler's license 
in the state where he or she operates and must have a physical facility 
for the receipt of fish at a fixed location in that state.
    (5) Annual dealer permits for wreckfish. A dealer who receives a 
wreckfish must obtain an annual dealer permit for wreckfish. To be 
eligible for such permit, an applicant must have a valid state 
wholesaler's license in the state where he or she operates and must 
have a physical facility for the receipt of fish at a fixed location in 
that state.
    (b) * * *
    (2) * * *
    (vii) * * *
    (B) Gross sales of fish harvested by his or her vessels were more 
than $20,000; or
    (C) For a vessel owned by a corporation or partnership, the gross 
sales of fish harvested by the corporation's or partnership's vessels 
were more than $20,000;
* * * * *
    (d) Application for a charter vessel/headboat permit for snapper-
grouper. (1) An application for a charter vessel/headboat permit for 
fish in the snapper-grouper fishery must be submitted and signed by the 
owner (in the case of a corporation, a qualifying officer or 
shareholder; in the case of a partnership, a qualifying general 
partner) or operator of the vessel. The application must be submitted 
to the Regional Director at least 30 days prior to the date on which 
the applicant desires to have the permit made effective.
    (2) A permit applicant must provide the following information:
    (i) A copy of the vessel's U.S. Coast Guard certificate of 
documentation or, if not documented, a copy of its state registration 
certificate.
    (ii) The vessel's name and official number.
    (iii) Name, mailing address, including zip code, and telephone 
number of the owner of the vessel.
    (iv) Name, mailing address, including zip code, and telephone 
number of the applicant, if other than the owner.
    (v) Social security number and date of birth of the applicant and 
the owner (if the owner is a corporation/partnership, the employer 
identification number, if one has been assigned by the Internal Revenue 
Service, and the date the corporation/partnership was formed).
    (vi) Any other information concerning vessel, gear characteristics, 
principal fisheries engaged in, or fishing areas requested by the 
Regional Director and included on the application form.
    (vii) Any other information that may be necessary for the issuance 
or administration of the permit, as requested by the Regional Director 
and included on the application form.
    (e) Application for an annual dealer permit. (1) An application for 
a dealer permit for snapper-grouper, excluding wreckfish, or for a 
dealer permit for wreckfish must be submitted and signed by the dealer 
or an officer of a corporation acting as a dealer. The application must 
be submitted to the Regional Director at least 30 days prior to the 
date on which the applicant desires to have the permit made effective.
    (2) A permit applicant must provide the following information:
    (i) A copy of each state wholesaler's license held by the dealer.
    (ii) Business name; mailing address, including zip code, of the 
principal office of the business; telephone number; employer 
identification number, if one has been assigned by the Internal Revenue 
Service; and date the business was formed.
    (iii) The address of each physical facility at a fixed location 
where the business receives fish.
    (iv) Applicant's name; official capacity in the business; address, 
including zip code; telephone number; social security number; and date 
of birth.
    (v) Any other information that may be necessary for the issuance or 
administration of the permit, as requested by the Regional Director and 
included on the application form.
    (f) * * * A fee is charged for each permit application submitted 
pursuant to this section and for each sea bass pot identification tag 
required under Sec. 646.6(d). * * *
    (g) * * *
    (1) The Regional Director will issue a permit at any time to an 
applicant if the application is complete and the specific requirements 
for the requested permit have been met. * * *
* * * * *
    (i) * * * (1) A vessel permit issued pursuant to this section is 
not transferable or assignable. * * *
    (2) A dealer permit issued pursuant to this section may be 
transferred upon sale of the dealer's business. * * *
    (j) Display. A vessel permit issued pursuant to this section must 
be carried on board the vessel and such vessel must be identified as 
provided for in Sec. 646.6. A dealer permit issued pursuant to this 
section must be available on the dealer's premises. The operator of a 
vessel or a dealer must present the permit for inspection upon request 
of an authorized officer.
* * * * *
    (n) * * * The owner or operator of a vessel with a permit for 
snapper-grouper, excluding wreckfish; the wreckfish shareholder of a 
vessel with a permit for wreckfish; the owner or operator of a vessel 
with a charter vessel/headboat permit for snapper-grouper; or a dealer 
with a permit issued pursuant to this section must notify the Regional 
Director within 15 days after any change in the application information 
required by paragraph (b), (c), (d), or (e) of this section. * * *


Sec. 646.5  [Amended]

    6. In Sec. 646.5, in paragraphs (b) and (c)(1), the phrase ``off 
the South Atlantic states'' is removed.
    7. Section 646.7 is revised to read as follows:


Sec. 646.7  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) Engage in a directed fishery for tilefish in the EEZ or use a 
sea bass pot in the EEZ north of Cape Canaveral, Florida, aboard a 
vessel that does not have a vessel permit for snapper-grouper, 
excluding wreckfish, as specified in Sec. 646.4(a)(1).
    (b) Fish for wreckfish in the EEZ, possess wreckfish in or from the 
EEZ, off-load wreckfish from the EEZ, or sell wreckfish in or from the 
EEZ aboard a vessel that does not have a vessel permit for wreckfish, 
as specified in Sec. 646.4(a)(2).
    (c) Own or operate a vessel that operates as a charter vessel or 
headboat that fishes for snapper-grouper species in the EEZ, or 
possesses snapper-grouper species in or from the EEZ, without a charter 
vessel/headboat permit on board, as specified in Sec. 646.4(a)(3).
    (d) As a dealer, receive fish in the snapper-grouper fishery 
without a dealer permit, as specified in Sec. 646.4(a) (4) or (5).
    (e) Falsify information specified in Sec. 646.4 (b)(2), (c)(2), 
(d)(2), or (e)(2) on an application for a permit.
    (f) Fail to display a permit, as specified in Sec. 646.4(j).
    (g) Falsify or fail to maintain, submit, or provide information 
required to be maintained, submitted, or provided, as specified in 
Sec. 646.5 (a) through (d), or as may be required by Sec. 646.29.
    (h) Fail to make fish in the snapper-grouper fishery, or parts 
thereof, available for inspection, as specified in Sec. 646.5(e)(1).
    (i) Fail to make available records of off-loadings, purchases, 
barters, or sales of wreckfish, as specified in Sec. 646.5(e)(2); or 
fail to make available individual transferable quota (ITQ) coupons, as 
specified in Sec. 646.10(c)(8).
    (j) Falsify or fail to display and maintain vessel and gear 
identification, as specified in Sec. 646.6 (a) through (e).
    (k) Possess an ITQ coupon not issued to him or, if received by 
transfer, without all required sale endorsements properly completed 
thereon, as specified in Sec. 646.10(c)(3).
    (l) Possess wreckfish on board a fishing vessel in an amount 
exceeding the total of the ITQ coupons on board the vessel, or without 
a vessel permit, or without a logbook form for recording the fishing 
trip, as specified in Sec. 646.10(c)(4).
    (m) Fail to sign and date the ``Fisherman'' part of ITQ coupons or 
fail to submit such coupon parts with the record of the fishing trip, 
as specified in Sec. 646.10(c)(5).
    (n) Fail to give a dealer the ``Fish House'' part of ITQ coupons, 
or transfer a wreckfish to a dealer who does not hold a permit, as 
specified in Sec. 646.10(c)(6).
    (o) Receive a wreckfish from a vessel that does not have a vessel 
permit for wreckfish, as specified in Sec. 646.10(c)(7).
    (p) Fail to receive the ``Fish House'' part of ITQ coupons from a 
fisherman; fail to enter the permit number of the vessel from which the 
wreckfish were received, the date of receipt, and the dealer's permit 
number on such parts; fail to sign such parts; or fail to submit such 
parts with the dealer report; as specified in Sec. 646.10(c)(7).
    (q) Possess a fish in the snapper-grouper fishery smaller than the 
minimum size limit, as specified in Sec. 646.21(a)(1).
    (r) Sell, purchase, trade, or barter, or attempt to sell, purchase, 
trade, or barter fish in the snapper-grouper fishery smaller than the 
minimum size limit, as specified in Sec. 646.21(a)(2).
    (s) Possess a fish in the snapper-grouper fishery without its head 
and fins intact, as specified in Sec. 646.21(b).
    (t) Operate a vessel with fish in the snapper-grouper fishery 
aboard that are smaller than the minimum size limits, do not have head 
and fins intact, or are in excess of the cumulative bag limit, as 
specified in Secs. 646.21(c) and 646.23(e).
    (u) Transfer wreckfish at sea, as specified in Sec. 646.21(d)(1).
    (v) Off-load a wreckfish at a time not authorized or without prior 
notification, as specified in Sec. 646.21(d)(3) and (4).
    (w) Harvest or possess a jewfish or Nassau grouper in or from the 
EEZ or fail to release a jewfish or Nassau grouper taken in the EEZ, as 
specified in Sec. 646.21 (e) and (f).
    (x) During the wreckfish spawning season closure, harvest, possess, 
off-load, sell, purchase, trade, or barter wreckfish in or from the 
EEZ, or attempt any of the foregoing, as specified in Sec. 646.21(g).
    (y) During the greater amberjack and mutton snapper spawning 
seasons, exceed the possession limits for those species, as specified 
in Sec. 646.21 (h) and (i).
    (z) Possess a warsaw grouper or speckled hind in excess of the 
vessel trip limit, as specified in Sec. 646.21(j) (1) or (2).
    (aa) Sell, purchase, trade, or barter, or attempt to sell, 
purchase, trade, or barter, a warsaw grouper or speckled hind, as 
specified in Sec. 646.21(j)(3).
    (bb) [Reserved]
    (cc) Fish with poisons or explosives or possess on board a fishing 
vessel any dynamite or similar explosive substance, as specified in 
Sec. 646.22(a).
    (dd) Use a fish trap in the EEZ, or use a sea bass pot in the EEZ 
south of Cape Canaveral, Florida, as specified in Sec. 646.22(b) and 
(c)(1).
    (ee) Use or possess in the EEZ north of Cape Canaveral, Florida, a 
sea bass pot that does not conform to the requirements for openings and 
degradable fasteners specified in Sec. 646.22(c)(2)(i).
    (ff) Use or possess in the EEZ north of Cape Canaveral, Florida, 
sea bass pots in a multiple configuration, as specified in 
Sec. 646.22(c)(2)(ii).
    (gg) Pull or tend another person's sea bass pot, except as 
specified in Sec. 646.22(c)(2)(iii).
    (hh) Use a longline to fish for fish in the snapper-grouper fishery 
in the EEZ south of 27 deg.10' N. lat., in the EEZ north of 27 deg.10' 
N. lat. where the charted depth is less than 50 fathoms (91.4 m), or 
without a vessel permit for snapper-grouper, excluding wreckfish, on 
board; as specified in Sec. 646.22(d)(1)(i).
    (ii) Aboard a vessel with a longline on board that fishes on a trip 
in the EEZ south of 27 deg.10' N. lat., in the EEZ north of 27 deg.10' 
N. lat. where the charted depth is less than 50 fathoms (91.4 m), or 
without a vessel permit for snapper-grouper, excluding wreckfish, on 
board, possess fish in the snapper-grouper fishery exceeding the 
limits, as specified in Sec. 646.22(d)(1)(ii).
    (jj) Fish for wreckfish with a bottom longline, or possess a 
wreckfish aboard a vessel that has a longline aboard, as specified in 
Sec. 646.22(d)(2).
    (kk) In the EEZ off South Carolina, harvest fish in the snapper-
grouper fishery with a powerhead, as specified in Sec. 646.22(e).
    (ll) Harvest fish in the snapper-grouper fishery with spearfishing 
gear while using a rebreather, as specified in Sec. 646.22(f).
    (mm) Use unauthorized gear in a directed fishery for snapper-
grouper or exceed the possession limits for snapper-grouper species 
when unauthorized gear is aboard, as specified in Sec. 646.22(g)(2)(i) 
and (ii).
    (nn) Transfer at sea any fish in the snapper-grouper fishery from a 
vessel with unauthorized gear aboard to another vessel, or receive at 
sea any such fish, as specified in Sec. 646.22(g)(2)(iii) and (iv).
    (oo) Exceed the bag and possession limits, as specified in 
Sec. 646.23(a) through (c).
    (pp) Transfer at sea--
    (i) Warsaw grouper or speckled hind, as specified in 
Sec. 646.21(j)(6);
    (ii) Fish in the snapper-grouper fishery subject to a bag limit, as 
specified in Sec. 646.23(f); or
    (iii) Snowy grouper or golden tilefish, as specified in 
Sec. 646.25(e).
    (qq) Exceed a commercial trip limit for snowy grouper or golden 
tilefish, as specified in Sec. 646.25(a) or (b).
    (rr) Sell, purchase, trade, or barter, or attempt to sell, 
purchase, trade, or barter, snowy grouper or golden tilefish in excess 
of an applicable trip limit, as specified in Sec. 646.25(f).
    (ss) Sell, trade, or barter or attempt to sell, trade, or barter 
snapper-grouper species, excluding wreckfish, harvested in the EEZ to a 
dealer who does not have a permit, as specified in Sec. 646.26(a).
    (tt) Purchase, trade, or barter or attempt to purchase, trade, or 
barter snapper-grouper species, excluding wreckfish, harvested in the 
EEZ unless the harvesting vessel has a permit for snapper-grouper, 
excluding wreckfish, or the seller has a commercial license to sell 
fish, as specified in Sec. 646.26(b).
    (uu) Except for snapper-grouper species harvested by a vessel for 
which a permit for snapper-grouper, excluding wreckfish, has been 
issued, sell, purchase, trade, or barter or attempt to sell, purchase, 
trade, or barter snapper-grouper species, excluding wreckfish, 
harvested in the EEZ in excess of the bag limits, as specified in 
Sec. 646.26(c).
    (vv) Use prohibited or unauthorized fishing gear in a special 
management zone, as specified in Sec. 646.27(b) and (c).
    (ww) Fish for fish in the snapper-grouper fishery in the Oculina 
Bank habitat area of particular concern (HAPC), retain such fish in or 
from the Oculina Bank HAPC, or fail to release immediately such fish 
taken in the Oculina Bank HAPC by hook-and-line gear, as specified in 
Sec. 646.27(d)(2).
    (xx) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of a fish in the snapper-grouper fishery.
    (yy) 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.
    8. In Sec. 646.21, paragraphs (a)(1)(iv), (a)(1)(v), and (a)(1)(vi) 
are redesignated as paragraphs (a)(1)(v), (a)(1)(vii), and 
(a)(1)(viii), respectively; paragraphs (a)(1)(i) and (a)(1)(iii) are 
revised; and new paragraphs (a)(1)(iv) and (a)(1)(vi) are added to read 
as follows:


Sec. 646.21  Harvest limitations.

    (a) * * *
    (1) * * *
    (i) Black sea bass--8 inches (20.3 cm), total length.
* * * * *
    (iii) Blackfin, cubera, dog, gray, mahogany, queen, schoolmaster, 
silk, and yellowtail snappers; and red porgy--12 inches (30.5 cm), 
total length.
    (iv) Hogfish--12 inches (30.5 cm), fork length.
* * * * *
    (vi) Mutton snapper--16 inches (40.6 cm), total length.
* * * * *
    9. In Sec. 646.22, paragraphs (d), (e), and (f) are removed; 
paragraph (g) is redesignated as paragraph (d); in newly designated 
paragraph (d)(1)(iii), the reference to ``paragraph (g)(1)'' is revised 
to read ``paragraph (d)(1)(ii)''; newly designated paragraphs (d)(1)(i) 
and (d)(1)(ii) introductory text are revised; and new paragraphs (e), 
(f), (g), and (h) are added to read as follows:


Sec. 646.22  Gear restrictions.

* * * * *
    (d) * * *
    (1) * * *
    (i) A longline may not be used to fish for fish in the snapper-
grouper fishery in the EEZ--
    (A) South of 27 deg.10' N. lat. (due east of the entrance to St. 
Lucie Inlet, FL);
    (B) North of 27 deg.10' N. lat. where the charted depth is less 
than 50 fathoms (91.4 m), as shown on the latest edition of the largest 
scale NOAA chart of the location; or
    (C) Without a permit for snapper-grouper, excluding wreckfish, on 
board.
    (ii) A person aboard a vessel with a longline on board that fishes 
on a trip in the EEZ south of 27 deg.10' N. lat., north of 27 deg.10' 
N. lat. where the charted depth is less than 50 fathoms (91.4 m), or 
without a permit for snapper-grouper, excluding wreckfish, on board, is 
limited on that trip to:
* * * * *
    (e) Powerheads off South Carolina. In the EEZ off South Carolina, a 
powerhead may not be used to harvest fish in the snapper-grouper 
fishery. The possession of a mutilated fish in the snapper-grouper 
fishery in or from the EEZ off South Carolina and a powerhead is prima 
facie evidence that such fish was harvested by a powerhead.
    (f) Rebreathers and spearfishing gear. In the EEZ, a person using a 
rebreather may not harvest fish in the snapper-grouper fishery with 
spearfishing gear. The possession of a fish in the snapper-grouper 
fishery while in the water with a rebreather is prima facie evidence 
that such fish was harvested with spearfishing gear while using a 
rebreather.
    (g) Authorized and unauthorized gear--(1) Authorized gear. Subject 
to the specific gear limitations in paragraphs (a) through (f) of this 
section and in Sec. 646.26, the following are the only gear types 
authorized in a directed fishery for snapper-grouper in the EEZ:
    (i) Vertical hook-and-line gear, including hand-held rods and rods 
attached to a vessel (``bandit'' gear), in either case, with manual, 
electric, or hydraulic reels;
    (ii) Spearfishing gear;
    (iii) Bottom longlines; and
    (iv) Sea bass pots.
    (2) Unauthorized gear. All gear types other than those listed in 
paragraph (g)(1) of this section are unauthorized gear and the 
following possession and transfer limitations apply.
    (i) A vessel with trawl gear aboard that fishes in the EEZ on a 
trip may possess no more than 200 lb (90.7 kg) of fish in the snapper-
grouper fishery, excluding wreckfish, in or from the EEZ on that trip. 
It is a rebuttable presumption that a vessel with more than 200 lb 
(90.7 kg) of fish in the snapper-grouper fishery, excluding wreckfish, 
aboard harvested such fish in the EEZ.
    (ii) Except as specified in paragraph (h) of this section, a person 
aboard a vessel with unauthorized gear aboard, other than trawl gear, 
that fishes in the EEZ on a trip is limited on that trip to:
    (A) Species for which a bag limit is specified in Sec. 646.23(b)--
the bag limit; and
    (B) All other species in the snapper-grouper fishery--zero.
    (iii) A vessel with unauthorized gear aboard may not transfer at 
sea any fish in the snapper-grouper fishery--
    (A) Taken in the EEZ, regardless of where the transfer takes place; 
or
    (B) In the EEZ, regardless of where such fish were taken.
    (iv) No vessel may receive at sea any fish in the snapper-grouper 
fishery from a vessel with unauthorized gear aboard, as specified in 
paragraph (g)(2)(iii) of this section.
    (h) Use of sink nets off North Carolina. A vessel that has on board 
a permit for snapper-grouper, excluding wreckfish, that fishes in the 
EEZ off North Carolina on a trip with a sink net aboard, may retain 
otherwise legal fish in the snapper-grouper fishery taken on that trip 
with vertical hook-and-line gear or sea bass pots. For the purpose of 
this paragraph (h), a sink net--
    (1) Is a flat net, designed to be suspended vertically in the water 
to entangle the head or body parts of fish that attempt to pass through 
the meshes;
    (2) Has stretched mesh measurements of 3 to 4\3/4\ inches (7.6 to 
12.1 cm); and
    (3) Is attached to the vessel when deployed.
    10. In Sec. 646.23, paragraphs (a)(2) and (a)(3) are removed; 
paragraph (a)(4) is redesignated as paragraph (a)(3); new paragraph 
(a)(2) is added; and paragraph (c)(2) introductory text is revised to 
read as follows:


Sec. 646.23  Bag and possession limits.

    (a) * * *
    (2) Special limitations on possession and transfer of fish in the 
snapper-grouper fishery apply to a person fishing with unauthorized 
gear in the EEZ. See Sec. 646.22(g)(2).
* * * * *
    (c) * * *
    (2) Provided each passenger is issued and has in possession a 
receipt issued on behalf of the vessel that verifies the duration of 
the trip--
* * * * *


Secs. 646.26 through 646.28  [Redesignated as Secs. 646.27 through 
646.29]

    11. Sections 646.26, 646.27, and 646.28 are redesignated as 
Secs. 646.27, 646.28, and 646.29, respectively.
    12. In subpart B, new Sec. 646.26 is added to read as follows:


Sec. 646.26  Restrictions on sale/purchase.

    Subject to the restrictions regarding sale/purchase of fish in the 
snapper-grouper fishery in Secs. 646.21(a)(2), (g), and (j)(3); and 
646.25(f)--
    (a) A person may sell, trade, or barter or attempt to sell, trade, 
or barter fish in the snapper-grouper fishery, excluding wreckfish, 
harvested in the EEZ, only to a dealer who has a valid permit for 
snapper-grouper, excluding wreckfish;
    (b) A person may purchase, trade, or barter or attempt to purchase, 
trade, or barter fish in the snapper-grouper fishery, excluding 
wreckfish, harvested in the EEZ, only from a vessel for which a valid 
permit for snapper-grouper, excluding wreckfish, has been issued or 
from a person who has a valid commercial license to sell fish in the 
state where the purchase, trade, or barter or attempted purchase, 
trade, or barter occurs.
    (c) Except for the sale, purchase, trade, or barter or attempted 
sale, purchase, trade, or barter of fish in the snapper-grouper 
fishery, excluding wreckfish, harvested in the EEZ by a vessel for 
which a valid permit for snapper-grouper, excluding wreckfish, has been 
issued, the sale, purchase, trade, or barter or attempted sale, 
purchase, trade, or barter of such fish is limited to the bag limits 
specified in Sec. 646.23(b).


Sec. 646.28  [Amended]

    13. In newly designated Sec. 646.28, the word ``Region'' is added 
after the words ``South Atlantic'' and before the comma.
    14. Newly designated Sec. 646.29 is revised to read as follows:


Sec. 646.29  Specifically authorized activities.

    The Regional Director may authorize, for the acquisition of 
information and data, activities that are otherwise prohibited by this 
part. In addition, the Regional Director may issue a permit for 
experimental fishing, provided that, as a condition of such permit, 
data on the gear used and fish caught in such experimental fishing must 
be maintained and provided to the Science and Research Director.

[FR Doc. 94-31421 Filed 12-22-94; 8:45 am]
BILLING CODE 3510-22-W