[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
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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