[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.
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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