[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31770]


[Federal Register: December 28, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Parts 611 and 658

[Docket No. 940846-4348; I.D. 080194C]
RIN 0648-AF83


Foreign Fishing; Shrimp Fishery of the Gulf of Mexico

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to implement Amendment 7 to the 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico 
(FMP). This rule increases the domestic quota for royal red shrimp 
harvested from the exclusive economic zone (EEZ) of the Gulf of Mexico 
and eliminates the total allowable level of foreign fishing (TALFF) for 
royal red shrimp from that area. In addition, NMFS changes the existing 
regulations that implement the FMP to clarify and conform them to 
current agency standards and to enhance enforcement.

EFFECTIVE DATE: January 27, 1995.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 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 parts 611 and 658 under the authority of the Magnuson Fishery 
Conservation and Management Act (Magnuson Act).
    Detailed descriptions, backgrounds, and rationales for the 
management measures in Amendment 7 and the additional measures proposed 
by NMFS were included in the proposed rule (59 FR 46810, September 12, 
1994) and are not repeated here.

Emergency Action for Royal Red Shrimp

    By emergency interim rule published October 25, 1994 (59 FR 53604), 
NMFS increased the domestic quota for royal red shrimp from the Gulf of 
Mexico from 111.6 metric tons (mt) to 215 mt for the fishing year that 
ends December 31, 1994. All weights are tail weights. This emergency 
action was taken to prevent an unnecessary closure of the royal red 
shrimp fishery. Background and rationale for the emergency action were 
contained in the emergency interim rule.

Comments and Responses

    Two comments were received on the proposed rule. The Council 
submitted comments on the concept of setting the optimum yield (OY) for 
royal red shrimp above the maximum sustainable yield (MSY) and on the 
Council's intent regarding the framework procedure for changing MSY and 
OY for royal red shrimp. The Center for Marine Conservation (CMC), an 
environmental advocacy group, commented on the adequacy of the 
environmental assessment (EA) regarding the impact of the shrimp 
fishery on threatened and endangered species. Specific comments and 
NMFS responses by subject follow.

OY and Definition of Overfishing for Royal Red Shrimp

    Amendment 7 proposes an OY for royal red shrimp of 110 percent of 
MSY and a definition of overfishing for royal red shrimp as exceeding 
OY in a fishing year. In the proposed rule, NMFS expressed concerns 
that: (1) A setting of OY in excess of MSY may be inconsistent with 
National Standard 1 of the Magnuson Act, which requires conservation 
and management measures to prevent overfishing; and (2) a definition of 
overfishing that is based on an unacceptable setting of OY (as stated 
in item (1)) may be inconsistent with the national standards for 
fishery conservation and management (national standards), as 
established by the Magnuson Act (Magnuson Act), and other applicable 
law.
    Comment: The Council commented that the MSY estimate for royal red 
shrimp was based on the best available scientific information, but that 
data used to estimate MSY were sparse. Without additional catch/effort 
data, the Council indicates that its stock assessment panel would be 
unable to improve the estimate of MSY. After consulting with the 
fishery biologists who developed the initial MSY estimates in 1981 and 
other fisheries biologists at the NMFS Southeast Fisheries Science 
Center, the Council proposed in Amendment 7 to set the OY at MSY plus 
10 percent. Under the provisions of Amendment 7, if royal red shrimp 
catches exceeded MSY in 2 consecutive years, the Council would be 
required to convene its stock assessment panel to consider changes in 
catch and effort and determine if the MSY should be revised. The 
Council believes this process would provide better data for estimating 
MSY and still protect the resource.
    Response: NMFS has concluded that an OY set at a fixed percentage 
above MSY cannot prevent overfishing, as required by national standard 
1 of the Magnuson Act. NMFS considers MSY to be the largest amount of 
catch that can be taken in the long term without overfishing the 
resource. Based on biological principles, NMFS determined that a 
management regime that sets OY perpetually greater than MSY creates the 
conditions for overfishing. While the Council would be required by 
Amendment 7 to convene its stock assessment panel if the catch of royal 
red shrimp exceeded MSY in 2 consecutive years, Amendment 7 provides no 
assurance that corrective action would be taken. Consequently, NMFS is 
disapproving this measure and recommends that the Council consider an 
FMP amendment that would allow the royal red shrimp fishery to expand, 
with due consideration for preventing overfishing, while providing the 
opportunity for NMFS to collect the additional catch, effort, and other 
data that are required to better estimate MSY.
    The results of the final agency decisions regarding Amendment 7 are 
as follows: (1) The royal red shrimp OY remains equal to the MSY; (2) 
based on the Council's revised and approved estimate of domestic annual 
harvesting capacity, the annual commercial domestic quota is equal to 
the OY; (3) there is no longer any total allowable level of foreign 
fishing for royal red shrimp. Because the definition of overfishing for 
royal red shrimp is based on the disapproved OY, NMFS has disapproved 
that definition.

Framework Procedure for Modification of the MSY and OY for Royal Red 
Shrimp

    In the proposed rule, NMFS expressed concern regarding Amendment 
7's proposed framework procedure for modification of the MSY and OY for 
royal red shrimp by ``Notice Action.'' NMFS questioned whether such a 
framework procedure would ensure consideration of social and economic 
factors and would comply with Administrative Procedure Act requirements 
to provide opportunity for public comment on a proposed change.
    Comment: The Council clarified that ``Notice Action'' in this 
context refers to a regulatory amendment and its supporting documents 
and required procedures, including a regulatory impact review, an 
environmental assessment (EA), proposed and final rules, and a public 
review and comment period. The Council specifically noted that 
Amendment 7 contains a similar reference to ``Notice Action'' in its 
procedures for addressing recruitment overfishing of brown, white, or 
pink shrimp. In the case of brown, white, or pink shrimp, Amendment 7 
clearly explains that a regulatory amendment procedure is intended.
    Response: NMFS no longer uses the term ``Notice Action'' in 
describing regulations to be published because the Office of the 
Federal Register's Document Drafting Handbook defines a ``Notice 
Action'' as a document published in the Federal Register that does not 
contain regulatory text, impose requirements with general applicability 
and legal effect, or affect a rulemaking proceeding. With the clear 
understanding that the Amendment 7 framework procedure for modifying 
MSY and/or OY for royal red shrimp will include proposed and final 
rules, a regulatory impact review, an EA, and an opportunity for public 
review and comment on the proposed action, NMFS approves the framework 
procedure for modifying the royal red shrimp OY and MSY.

Adequacy of the Environmental Assessment (EA)

    Comment: The CMC commented that the EA inadequately assessed the 
impact of the unlimited growth of the shrimp fishery, particularly the 
white shrimp fishery, on the incidental capture of endangered and 
threatened sea turtles. The present fishing effort for white shrimp is 
twice that of the early 1960s. CMC indicated that although the EA for 
Amendment 7 assumes that implementation of 1992 regulations under the 
Endangered Species Act (ESA) requiring shrimp trawlers to use turtle 
excluder devices (TEDs) has resolved the issues of the shrimp fishery's 
adverse impacts on the subject turtles, the recent level of marine 
turtle strandings off Texas and other Gulf states indicates that this 
assumption is not valid. CMC argues that the EA should be revised to 
find that shrimping activities may have a significant effect on the 
environment and recommends that an environmental impact statement (EIS) 
be prepared to better evaluate this shrimp fishery-turtle situation and 
various alternatives that might be considered to reduce/mitigate its 
adverse impacts on sea turtles. CMC also asked NMFS to consider the 
matter of unlimited shrimp fishing effort and ways to mitigate its 
adverse impacts on sea turtles during its current reinitiation of 
consultation under Section 7 of the ESA.
    Response: In the EA prepared for Amendment 7, the Council and NMFS 
considered the impacts of shrimp fishing under the management measures 
of the amendment, as well as the impacts of the measures on the 
environment, particularly on marine mammals and on species protected 
under the ESA. This EA did not undertake a new or revised comprehensive 
analysis of the effects of the Gulf shrimp fishery on the environment. 
However, previous environmental review documents analyzed the effects 
of the Gulf shrimp fishery, particularly its effects on marine mammals 
and on species protected under the ESA. For example, the August 19, 
1992, biological opinion on shrimp fishing in waters off the 
southeastern coastal states provided an extensive analysis of these 
environmental effects. Based on these documents and the environmental 
review in the EA, NMFS determined that measures in Amendment 7 would 
not have a significant impact on the human environment.
    The EA finding of no significant impacts from Amendment 7 on 
protected and endangered species was based on an informal Section 7 
consultation under the ESA done by NMFS on the measures in Amendment 7 
and on fishing under these measures. The biological assessment and 
resulting informal consultation for the amendment were completed in 
March 1994. This March 4, 1994, consultation concluded that 
implementation of Amendment 7 was not likely to adversely affect any 
endangered or threatened species under NMFS jurisdiction.
    After the informal consultation for Amendment 7 was concluded, NMFS 
became aware of increased strandings of sea turtles in the Gulf of 
Mexico and reinitiated consultation on the Gulf shrimp fishery under 
Section 7 of the ESA. This consultation re-evaluated the August 19, 
1992, biological opinion which analyzed the impacts of shrimp fishing 
in the waters off the southeastern coastal states. The reinitiated 
consultation and the associated biological opinion, dated November 14, 
1994, concluded that shrimp fishing in these waters is likely to 
jeopardize the continued existence of the Kemp's ridley sea turtle. 
This biological opinion contains reasonable and prudent alternatives 
that must be implemented to ensure that fishing is not likely to 
jeopardize the continued existence of sea turtles. NMFS has concluded 
that the management measures of Amendment 7 and fishing under these 
measures will not affect the agency's ability to implement the 
reasonable and prudent alternatives.
    Based on a continuing assessment of the impacts of the Gulf shrimp 
fishery on the human environment, including protected species, an EIS 
or supplemental EIS may be prepared to further evaluate the effects of 
the shrimp fishery, and fishing under the FMP's measures, on the 
environment.

Miscellaneous Issues

    Comment: The Council stated that it did not receive any comments 
from NMFS or NOAA Office of General Counsel on its draft Amendment 7 
regarding the unacceptable aspects of the proposed OY, MSY, and total 
allowable catch (TAC). The Council further indicated that NOAA General 
Counsel suddenly interpreted 50 CFR Part 602 (Guidelines for Fishery 
Management Plans) as prohibiting an arrangement allowing total 
allowable catch (TAC) to exceed OY by 10 percent in 2 consecutive 
years. The Council explained that it tried to address this issue by 
submitting a clarifying addendum to Amendment 7 that set the royal red 
shrimp OY equal to TAC or MSY plus 10 percent. The Council alleged that 
NMFS did not advise the Council on the approval problems with OY in 
relation to OY until 6 months after Amendment 7 was submitted for 
agency review. Finally, the Council indicated that one of its major 
concerns about the OY and MSY is that any NMFS action resulting in an 
early or unnecessary closure of the royal red shrimp fishery in 1994 
would be a ``tragedy'' resulting in fishermen losing a recently 
developed, significant market niche and in the Southeast Science Center 
losing the opporunity to collect catch and effort data necessary to 
further refine the MSY estimate.
    Response: Fisheries management is a dynamic process. NMFS reviews 
all of the Council's draft fishery management plans, amendments, 
regulatory amendments, and associated draft supporting documents (e.g., 
regulatory impact reviews, environmental assessments, etc.). NMFS 
attempts to identify regulatory benefits from each proposed management 
measure as well as all potential problems that might affect agency 
approval of the measure. NMFS regrets that neither it nor NOAA General 
Counsel identified and communicated the problems with the relationships 
between OY, MSY, and TAC in Amendment 7 in time for the Council to 
resolve them prior to submission of the final Amendment 7 to the 
agency. While NMFS did raise many of these approval issues after the 
beginning of review, NMFS did issue an emergency rule to prevent an 
unnecessary closure of the royal red shrimp fishery during 1994.
    After reviewing Amendment 7 and considering all public comments 
received on the amendment and proposed rule, NMFS concluded that an OY 
set at a fixed percentage above MSY would not prevent overfishing, as 
required by national standard 1 of the Magnuson Act. NMFS understands 
that the Council intended that all the royal red shrimp measures in 
Amendment 7, taken together, would prevent overfishing. However, based 
on biological principles, NMFS concluded that a management regime that 
sets OY greater than MSY, without an adequate mechanism for curbing 
harvest above MSY, would not ensure prevention of overfishing. NMFS has 
indicated to the Council that it will work closely with the Council to 
provide specific guidance on resolving the problems underlying the 
disapproval of the OY and overfishing definition and to see that these 
issues are resolved in time to allow the royal red shrimp fishery to 
expand in 1995, with due consideration for preventing overfishing, 
while providing the opportunity for NMFS to collect the additional 
catch, effort, and other fishery data required to provide a more 
accurate MSY estimate.

Partial Disapproval of Amendment 7

    On November 3, 1994, the Director, Southeast Region, NMFS, 
(Regional Director) partially disapproved Amendment 7. As discussed 
above, the specification of OY at a fixed percentage above MSY and the 
definition of overfishing of royal red shrimp were disapproved.

Changes from the Proposed Rule

    Because of the disapproval of OY for royal red shrimp exceeding MSY 
by a fixed percentage, the specific figures to calculate TALFF are 
revised. Specifically, the OY, the estimate of domestic annual harvest 
(DAH), and TALFF for royal red shrimp in the Gulf of Mexico, as 
published on February 3, 1987 (52 FR 3248), are revised to read, in 
metric tons, tail weights, as follows:

------------------------------------------------------------------------
                     Species                        OY      DAH    Talff
------------------------------------------------------------------------
Royal red shrimp................................   177.8   177.8       0
------------------------------------------------------------------------

    In Sec. 658.21(a), the quota for royal red shrimp is revised to 
392,000 lb (177.8 mt).
    The description of the area of the southwestern Florida seasonal 
trawl closure and its depiction in Appendix A, figure 2, to this part 
are clarified to describe and show only the area that is in the EEZ.

Additional Measures in Amendment 7

    Amendment 7 contains a definition of overfishing for white shrimp; 
procedures for revising the overfishing indices for brown, white, and 
pink shrimp, as required by 50 CFR 602.11(c); specific actions to be 
taken if overfishing for brown, white, or pink shrimp occurs; and a 
framework procedure for changing the MSY and OY of royal red shrimp. 
These additional measures in Amendment 7 have been approved, but do not 
require implementing regulations.

Classification

    The Regional Director determined that Amendment 7 is necessary for 
the conservation and management of the Gulf of Mexico shrimp fishery 
and that it is consistent with the Magnuson Act and other applicable 
law, with the exception of the specification of the OY at a fixed 
percentage above MSY and the definition of overfishing for royal red 
shrimp.
    This final rule 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 rule would not have a 
significant economic impact on a substantial number of small entities. 
The reasons were published in the proposed rule (59 FR 46810, September 
12, 1994). As a result, a regulatory flexibility analysis was not 
prepared.
    This rule involves, but does not substantively change, a 
collection-of-information requirement subject to the Paperwork 
Reduction Act--namely, vessel and dealer reporting. The collection of 
this information has been approved by the Office of Management and 
Budget (OMB), OMB Control Number 0648-0013.

List of Subjects

50 CFR Part 611

    Fisheries, Foreign relations, Reporting and recordkeeping 
requirements.

50 CFR Part 658

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 20, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries, Service.
    For the reasons set out in the preamble, 50 CFR parts 611 and 658 
are amended as follows:

PART 611--FOREIGN FISHING

    1. The authority citation for part 611 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 971 et seq., 22 
U.S.C. 1971 et seq., and 16 U.S.C. 1361 et seq.

Appendix A to Subpart A [Amended]

    2. In appendix A to subpart A, Table 1--Addresses, is amended by 
revising the second column heading, the entries for the Director, 
Southeast Region in the first column, and the Director, Southeast 
Fisheries Science Center in the second column, to read as follows:

APPENDIX A TO SUBPART A--ADDRESSES, AREAS OF RESPONSIBILITY AND 
COMMUNICATIONS

                           Table 1.--Addresses                          
------------------------------------------------------------------------
                           NMFS science and research   U.S. Coast Guard 
 NMFS regional directors           directors              commanders    
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Director, Southeast        Director, Southeast        ***               
 Region, National Marine    Fisheries Science                           
 Fisheries Service, NOAA,   Center, National Marine                     
 9721 Executive Center      Fisheries Service, NOAA,                    
 Drive N., St.              75 Virginia Beach Drive,                    
 Petersburg, FL 33702;      Miami, FL 33149,                            
 Telephone: (813) 570-      Telephone: (305) 361-                       
 5301; FAX: (813) 570-      5761; FAX: (305) 361-                       
 5300.                      4219.                                       
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

Sec. 611.62  [Removed and Reserved]

    3. Section 611.62 is removed and reserved.

PART 658--SHRIMP FISHERY OF THE GULF OF MEXICO

    4. The authority citation for part 658 continues to read as 
follows:

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

    5. Section 658.1 is revised to read as follows:


Sec. 658.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for the Shrimp 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 shrimp in the 
Gulf of Mexico EEZ, except that Secs. 658.5 and 658.21(a) also apply to 
shrimp in adjoining state waters.
    6. Section 658.2 is revised to read as follows:


Sec. 658.2  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:
    Gulf of Mexico EEZ means the EEZ from the intercouncil boundary 
between the South Atlantic and Gulf of Mexico Fishery Management 
Councils, as specified at 50 CFR 601.11(c), to the U.S./Mexico border.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
    Science and Research Director means the Science and Research 
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach 
Drive, Miami, FL 33149, telephone 305-361-5761; or a designee.
    Shrimp means one or more of the following species, or a part 
thereof:
    Brown shrimp, Penaeus aztecus.
    Pink shrimp, Penaeus duorarum.
    Rock shrimp, Sicyonia brevirostris.
    Royal red shrimp, Pleoticus robustus.
    Seabob shrimp, Xiphopenaeus kroyeri.
    White shrimp, Penaeus setiferus.
    7. In Sec. 658.3, paragraph (a) is amended by revising the 
reference ``paragraph (b) of this section'' to read ``paragraphs (b) 
and (c) of this section'', and paragraph (c) is added to read as 
follows:


Sec. 658.3  Relation to other laws.

* * * * *
    (c) Regulations governing the taking of endangered and threatened 
marine mammals and sea turtles appear at 50 CFR parts 222 and 227.
    8. Section 658.4 is revised to read as follows:


Sec. 658.4  Permits and fees.

    A permit is not required to fish for shrimp under this part.
    9. In Sec. 658.5, paragraphs (a) introductory text, (a)(4), and (b) 
are revised to read as follows:


Sec. 658.5  Recordkeeping and reporting.

    (a) Vessel owners and operators. The owner or operator of a vessel 
that fishes for shrimp in the Gulf of Mexico EEZ or in adjoining state 
waters, or that lands shrimp in an adjoining state, must provide the 
following information regarding any fishing trip when requested by the 
Science and Research Director:
* * * * *
    (4) Fishing depths and locations;
* * * * *
    (b) Dealers and processors. A person who receives shrimp by way of 
purchase, barter, trade, or sale from a vessel or person that fishes 
for shrimp in the Gulf of Mexico EEZ or in adjoining state waters, or 
that lands shrimp in an adjoining state, must provide the following 
information when requested by the Science and Research Director.
    (1) Name and official number of the vessel from which shrimp were 
received or the name of the person from whom shrimp were received, if 
received from other than a vessel;
    (2) Amount of shrimp received by species and size category for each 
receipt; and
    (3) Exvessel value, by species and size category, for each receipt.
    10. Section 658.6 is revised to read as follows:


Sec. 658.6  Vessel identification.

    (a) Official number. A vessel that fishes for or possesses shrimp 
in the Gulf of Mexico EEZ must display its official number;
    (1) On the port and starboard sides of the deckhouse or hull and on 
an appropriate weather deck so as to be clearly visible from an 
enforcement vessel or aircraft;
    (2) In block arabic numerals in contrasting color to the 
background;
    (3) At least 18 inches (45.7 cm) in height for fishing vessels over 
65 ft (19.8 m) in length and at least 10 inches (25.4 cm) in height for 
all other vessels; and
    (4) Permanently affixed to or painted on the vessel.
    (b) Duties of operator. The operator of a vessel that fishes for or 
possesses shrimp in the Gulf of Mexico EEZ must;
    (1) Keep the official number clearly legible and in good repair; 
and
    (2) Ensure that no part of the fishing vessel, its rigging, fishing 
gear, or any other material aboard obstructs the view of the official 
number from an enforcement vessel or aircraft.
    11. Section 658.7 is revised to read as follows:


Sec. 658.7  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 provide information required by Sec. 658.5.
    (b) Falsify or fail to display and maintain vessel identification, 
as specified in Sec. 658.6.
    (c) After a closure of the royal red shrimp fishery, retain, sell, 
purchase, trade, or barter, or attempt to sell, purchase, trade, or 
barter royal red shrimp, as specified in Sec. 658.21(b).
    (d) Trawl in a closed area or during a closed season, as specified 
in Secs. 658.23, 658.24, 658.25, or Sec. 658.26, or as may be 
implemented under Sec. 658.27(b).
    (e) Interfere with fishing or obstruct or damage fishing gear or 
the fishing vessel of another, as specified in Sec. 658.27(a).
    (f) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of shrimp.
    (g) 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.
    12. Appendix A to part 658--Figures are added as follows:

Appendix A--Figures to Part 658.


Secs. 658.22 and 658.23  [Amended]

    13. Section 658.22(a), Figure 1, and Sec. 658.23(b), Figure 3, are 
redesignated as Appendix A to part 658, Figures 1 and 3, respectively.
    14. Subpart B of part 658 is revised to read as follows:

Subpart B--Management Measures

658.20 Fishing years.
658.21 Allowable levels of harvest.
658.22 Size limits.
658.23 Tortugas shrimp sanctuary.
658.24 Southwest Florida seasonal trawl closure.
658.25 Shrimp/stone crab separation zones.
658.26 Texas closure.
658.27 Prevention of gear conflicts.
658.28 Specifically authorized activities.

Subpart B--Management Measures


Sec. 658.20  Fishing years.

    The fishing year for royal red shrimp begins on January 1. The 
fishing year for other species of shrimp begins on May 1.


Sec. 658.21  Allowable levels of harvest.

    (a) Quotas. The quota for royal red shrimp is 392,000 lb (177.8 
mt), tail weight. There are no quotas for other species of shrimp.
    (b) Closures. When the quota specified in paragraph (a) of this 
section is reached, or is projected to be reached, the Assistant 
Administrator will publish a notification to that effect in the Federal 
Register. On and after the effective date of the notification, for the 
remainder of the fishing year, royal red shrimp in or from the Gulf of 
Mexico EEZ may not be retained, and the sale, purchase, trade, or 
barter, or attempted sale, purchase, trade, or barter of royal red 
shrimp taken from the Gulf of Mexico EEZ is prohibited. The latter 
prohibition does not apply to trade in royal red shrimp that were 
harvested, landed, and sold, traded, or bartered prior to the effective 
date of the notification in the Federal Register and were held in cold 
storage by a dealer or processor.
    (c) State waters. The regulations in this part do not limit the 
harvest of shrimp in waters landward of the Gulf of Mexico EEZ. 
However, harvests from waters landward of the Gulf of Mexico EEZ are 
taken into account in the calculations of maximum sustainable yield and 
optimum yield.


Sec. 658.22  Size limits.

    There are no minimum size limits for shrimp harvested in the Gulf 
of Mexico EEZ. White shrimp harvested in the EEZ are subject to the 
minimum-size landing and possession limits of Louisiana when possessed 
within the jurisdiction of that State.


Sec. 658.23  Tortugas shrimp sanctuary.

    (a) The area commonly known as the ``Tortugas shrimp sanctuary,'' 
off the State of Florida, is closed to trawling. The area is that part 
of the Gulf of Mexico EEZ shoreward of a line connecting the following 
points (see Appendix A, Figure 1, of this part):

------------------------------------------------------------------------
  Point      North latitude        West longitude            Name       
------------------------------------------------------------------------
N.......  25 deg.52.9'........  81 deg.37.9'.......  Coon Key Light     
F.......  24 deg.50.7'........  81 deg.51.3'.......                     
G.......  24 deg.40.1'........  82 deg.26.7'.......  New Ground Rocks   
                                                      Light             
H.......  24 deg.34.7'........  82 deg.35.2'.......  Rebecca Shoal Light
P.......  24 deg.35'..........  82 deg.08'.........  Marquessas Keys    
------------------------------------------------------------------------

    (b) The provisions of paragraph (a) of this section 
notwithstanding;
    (1) Effective from April 11 through September 30, each year, that 
part of the Tortugas shrimp sanctuary seaward of a line connecting the 
following points is open to trawling: From point T at 24 deg.47.8' N. 
lat., 82 deg.01.0' W. long. to point U at 24 deg.43.83' N. lat., 
82 deg.01.0' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point V at 
24 deg.42.55' N. lat., 82 deg.15.0' W. long.; thence north to point W 
at 24 deg.43.6' N. lat., 82 deg.15.0' W. long. (see Appendix A, Figure 
1, of this part).
    (2) Effective from April 11 through July 31, each year, that part 
of the Tortugas shrimp sanctuary seaward of a line connecting the 
following points is open to trawling: From point W to point V, both 
points as specified in paragraph (b)(1) of this section, to point G, as 
specified in paragraph (a) of this section (see Appendix A, Figure 1, 
of this part).
    (3) Effective from May 26 through July 31, each year, that part of 
the Tortugas shrimp sanctuary seaward of a line connecting the 
following points is open to trawling: From point F, as specified in 
paragraph (a) of this section, to point Q at 24 deg.46.7' N. lat., 
81 deg.52.2' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point U and 
north to point T, both points as specified in paragraph (b)(1) of this 
section (see Appendix A, Figure 1, of this part).


Sec. 658.24  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 Gulf of 
Mexico EEZ shoreward of a line connecting the following points (see 
Appendix A, Figure 2, of this part):

------------------------------------------------------------------------
  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. 658.25  Shrimp/stone crab separation zones.

    Five zones are established in the Gulf of Mexico EEZ 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, of this part. Although Zone II is entirely within Florida's 
waters, it is included in this paragraph and Appendix A, Figure 3, of 
this part 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. 
Geographical coordinates of the points referred to in this paragraph 
and shown in Appendix A, Figure 3, of this part 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\AAAA2 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.


Sec. 658.26  Texas closure.

    (a) Area and season restrictions. From 30 minutes after sunset on 
May 15 to 30 minutes after sunset on July 15, the area described in 
this paragraph (a) is closed to all trawling, except that a vessel may 
trawl for royal red shrimp beyond the 100-fathom (183-m) depth contour. 
The area is that part of the Gulf of Mexico EEZ off Texas west of a 
line connecting point A at 29 deg.32.1' N. lat., 93 deg.47.7' W. long., 
to point B at 26 deg.11.4' N. lat., 92 deg.53.0' W. long.
    (b) Adjustment of dates. In accordance with the procedures and 
restrictions of the Fishery Management Plan for the Shrimp Fishery of 
the Gulf of Mexico, the Regional Director may adjust the closing and/or 
opening date to provide an earlier, later, shorter, or longer closure, 
but the duration of the closure may not exceed 90 days or be less than 
45 days. Notification of the adjustment of the closing or opening date 
will be published in the Federal Register.


Sec. 658.27  Prevention of gear conflicts.

    (a) No person may knowingly place in the Gulf of Mexico EEZ 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 Shrimp 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. 658.28  Specifically authorized activities.

    The Regional Director may authorize, for the acquisition of 
information and data, activities otherwise prohibited by the 
regulations in this part.
    15. New Figure 2 is added to Appendix A to part 658 to read as 
follows:


TR28DE94.004


[FR Doc. 94-31770 Filed 12-27-94; 8:45 am]
BILLING CODE 3510-22-C