[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: 94-31832]


[Federal Register: December 28, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 204 and 638

[Docket No. 940973-4352; I.D. 082394A]
RIN 0648-AF85


Coral and Coral Reefs of the Gulf of Mexico and South Atlantic

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

ACTION: Final rule; notice of OMB control numbers.

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SUMMARY: NMFS issues this final rule to implement Amendment 2 to the 
Fishery Management Plan (FMP) for Coral and Coral Reefs of the Gulf of 
Mexico and South Atlantic. Amendment 2: Prohibits the taking of wild 
live rock in the exclusive economic zone (EEZ) off the southern 
Atlantic states (South Atlantic) from the North Carolina/Virginia 
boundary to the Dade/Broward County line in Florida and in the EEZ of 
the Gulf of Mexico (Gulf), except off Florida north of Monroe County; 
phases out wild live rock harvests in the South Atlantic EEZ south of 
the Dade/Broward County line by 1996; phases out wild live rock 
harvests in the Gulf EEZ off Florida north of Monroe County by 1997; 
establishes restrictions on live rock harvesting and possession and 
requires permits and reporting during the phase-out periods; and allows 
and facilitates live rock aquaculture. In addition, NMFS amends the 
regulations to correct and conform them to current standards, informs 
the public of the approval by the Office of Management and Budget (OMB) 
of new collection-of-information requirements contained in this rule, 
and publishes the OMB control number for those collections.

EFFECTIVE DATE: December 22, 1994, except that Sec. 638.25(c)(3) is 
effective December 22, 1994, through December 31, 1994, and 
Secs. 638.4(a)(1)(iv)(A) and (h)(2) and 638.7(a)(4) are effective March 
1, 1995.

FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.

SUPPLEMENTARY INFORMATION: The FMP for Coral and Coral Reefs of the 
Gulf of Mexico and South Atlantic was prepared by the South Atlantic 
Fishery Management Council (South Atlantic Council) and the Gulf of 
Mexico Fishery Management Council (Gulf Council) and is implemented 
through regulations at 50 CFR part 638 under the authority of the 
Magnuson Fishery Conservation and Management Act (Magnuson Act). With 
implementation of Amendment 2, the single FMP is separated into two 
FMPS--the FMP for Coral and Coral Reefs off the Southern Atlantic 
States under the purview of the South Atlantic Council and the FMP for 
Coral and Coral Reefs of the Gulf of Mexico under the purview of the 
Gulf Council. Regulations implementing both FMPs remain in 50 CFR part 
638.
    At the request of the Gulf Council, NMFS published an emergency 
interim rule on May 16, 1994 (59 FR 25344), effective May 16 through 
August 14, 1994, and extended the rule, with modifications, through 
November 12, 1994 (59 FR 42533; August 18, 1994). At the request of the 
South Atlantic Council, NMFS published an emergency interim rule on 
June 27, 1994 (59 FR 32938), effective through September 26, 1994, and 
extended the rule through December 25, 1994 (59 FR 47563; September 16, 
1994). When the 1994 quota was reached, the live rock fishery in the 
South Atlantic EEZ was closed November 1, 1994, through December 25, 
1994 (59 FR 54841; November 2, 1994). These rules were intended to slow 
the rate of harvest, prevent serious damage to habitat, and prevent 
geographical extension of harvest until long-term measures could be 
implemented through Amendment 2. This final rule implements the 
measures contained in Amendment 2, which include the basic measures in 
the emergency interim rules.
    The rationale for the measures in Amendment 2 and for additional 
measures proposed by NMFS were contained in the proposed rule (59 FR 
49377, September 28, 1994) and are not repeated here.

Comments and Responses

    Comments on the proposed rule were received through November 7, 
1994, and are summarized below, according to subject, followed by NMFS' 
response:

Harvests off the Florida Panhandle

    Comment: The Florida Marine Fisheries Commission (Florida), Georgia 
Department of Natural Resources (Georgia), the Professional Association 
of Diving Instructors (PADI), and the Center for Marine Conservation 
(CMC) recommend that NMFS close the EEZ off the Florida Panhandle to 
live rock harvesting during the harvest phase-out period. The following 
local groups also requested an immediate ban on harvesting: Okaloosa 
County Board of Commissioners; City of Destin; Destin Charter Boat 
Association; Destin Fisherman's Cooperative Association, Inc.; Okaloosa 
County Economic Development Council; Destin Fishing Fleet, Inc.; 
Emerald Coast Convention and Visitors Bureau; South Walton Tourist 
Development Council; 16 local businesses, including nine dive shops; 
and 24 private citizens. These commenters requested closure of the EEZ 
off the Panhandle because hard bottom areas in the northern Gulf are 
scarce, and thus more vulnerable to overfishing. They indicated that 
similar environments off Alabama, Louisiana, Mississippi, and Texas 
will be closed to live rock harvesting under Amendment 2 and that 
closures in the South Atlantic will result in shifting of harvesting 
effort to the Gulf area where harvesting is still allowed. They also 
indicated there will be adverse economic impacts on sport fishing, 
diving, and tourism in the Florida Panhandle due to destruction of 
valuable reef habitats.
    Response: At its November meeting, the Gulf Council decided to 
include among options being considered in FMP Amendment 3 a management 
measure to close the EEZ off the Panhandle area. Amendment 3 is on the 
agenda for the next Gulf Council meeting in January 1995. NMFS' options 
were, however, to approve, disapprove, or partially disapprove the 
Council's recommendations in Amendment 2; disapproval of Amendment 2 
would not have resulted in an immediate prohibition on harvests.

National Standard 4 of the Magnuson Act

    Comment: Florida and PADI claim that the Gulf Council has violated 
national standard 4 of the Magnuson Act by treating Florida residents 
differently from residents of Texas, Alabama, Mississippi, and 
Louisiana. They assert that only in the Gulf off Florida, and 
especially in the Panhandle area, is the harvest of wild live rock 
allowed to continue during a phase-out period. These commenters believe 
that Florida fishermen and citizens are being denied the protections 
that are being extended to the other states.
    Response: NMFS disagrees. National standard 4 states:
    Conservation and management measures shall not discriminate between 
residents of different states. If it becomes necessary to allocate or 
assign fishing privileges among various United States fishermen, such 
allocation shall be (A) fair and equitable to all such fishermen; (B) 
reasonably calculated to promote conservation; and (C) carried out in 
such a manner that no particular individual, corporation, or other 
entity acquires an excessive share of such privileges.
    The Gulf Council's recommendation, and NMFS' decision, to allow 
wild live rock harvests off Florida merely continues existing fishing 
practices and has no discriminatory effect. Citizens of other states 
may participate in the fishery off Florida; however, the only known 
landings of live rock from this area have been made by Florida 
citizens. Amendment 2 does not violate national standard 4 by allowing 
live rock harvesting off Florida during the phase-out period, 
especially since it also establishes mitigating or restrictive measures 
limiting the extent and effects of this harvest, such as gear 
limitations and a daily vessel limit.

Live Rock Quota in the Gulf

    Comment: Florida, Georgia, CMC, and PADI urged NMFS to impose a 
quota in the Gulf to prevent serious depletion of resources during the 
harvest phase-out period. They are especially concerned that when South 
Atlantic quotas are met the Gulf will become the sole domestic source 
of wild live rock.
    Response: NMFS cannot use Amendment 2 to impose measures not 
recommended (or rejected) by the Councils. The Gulf Council is 
preparing Amendment 3 to the FMP specifically to address live rock 
quotas. Amendment 3 will be under consideration at the Gulf Council's 
meeting in January 1995.

Octocorals

    Comment: Florida asked NMFS not to approve the provision that 
allows the harvest in the Gulf of Mexico off Florida of rock substrate 
within 3 inches (7.6 cm) of the base of an allowable octocoral. At 
recent State public hearings on the issue, live rock harvesters 
testified that, especially in the Florida Keys, it would be easy to 
pick up 6-inch (15.2-cm) rocks with small octocorals attached and that 
this provision will allow the harvest of wild live rock to continue 
under the octocoral quota. Under recently published State rules, only 
the substrate within 1 inch (2.5 cm) of the holdfast will be allowed to 
be landed anywhere in Florida under the octocoral quota.
    Response: Individuals harvesting octocorals for the aquarium 
industry testified that they need some attached substrate to anchor the 
octocoral in the aquarium. This rule defines ``allowable octocorals'' 
to include the substrate within 1 inch (2.5 cm) of the octocoral in the 
EEZ off the southern Atlantic states and the substrate within 3 inches 
(7.6 cm) of the octocoral in the Gulf EEZ. However, according to a 
long-standing policy on octocoral regulations, the more restrictive 
state or Federal rule applies. (See old Sec. 638.4(a)(2)(ii) or new 
Sec. 638.3(c)). In this case, since Florida now has a 1-inch (2.5-cm) 
rule, Sec. 638.3(c) would require a person landing allowable octocorals 
in Florida (on both the east and Gulf coasts) to comply with the more 
restrictive State regulation. Individuals harvesting allowable 
octocorals in the Gulf EEZ and landing outside Florida would still be 
able to take attached substrate up to 3 inches (7.6 cm) from the 
octocoral.

Separation of the FMP into Two Jurisdictions

    Comment: The U.S. Fish and Wildlife Service and the State of 
Georgia recommended that NMFS approve the separation of the FMP into 
two fishery management plans, one covering coral and coral reef 
resources in the Gulf EEZ and one for such resources in the EEZ of the 
South Atlantic. Florida does not oppose separation but is concerned 
that it will result in management objectives and regulations that are 
inconsistent between Florida's east and west coasts. One live rock 
harvester asked for consistent rules in both jurisdictions and two 
harvesters claimed that the inconsistent regulations give Florida west 
coast firms an unfair commercial advantage over the southeast 
commercial interests.
    Response: NMFS approved the separation of the FMP into two fishery 
management plans because: both Councils have requested it; the resource 
is sessile and will not move between adjacent Council jurisdictions; 
and the public may benefit due to decreased travel costs for attending 
Council meetings--members of the public who use the resource under the 
jurisdiction of only one or the other Council will only need to attend 
the meetings of one Council. It does appear that there may be an 
increasing divergence between the management regimes of the two 
Councils. Any economic advantage accruing to the west coast dealers in 
live rock will be short-lived since the harvest of wild live rock in 
the Gulf will end on January 1, 1997. The Gulf Council is considering 
adopting harvest quotas for wild live rock for 1995 and 1996.

Accuracy of Scientific Data

    Comment: Two live rock harvesters questioned the accuracy of 
scientific data in Amendment 2, specifically the relationship between 
live rock harvest and reef fish habitat availability and the 
nonrenewable nature of the live rock resource.
    Response: The NMFS Southeast Fisheries Science Center has certified 
that the management measures contained in Amendment 2 are based on the 
best scientific information available.

Phase-out Dates

    Comment: The Pet Industry Joint Advisory Council (PIJAC), American 
Aquarist Society (AAS), Marine Aquarium Societies of North America 
(MASNA), six pet shops, and five individuals objected to the January 1, 
1996, termination date for wild live rock harvests in the South 
Atlantic area. These commenters believe that there may not be enough 
time to develop aquaculture to replace these wild harvests. On the 
other hand, PADI asked NMFS to move up the phase-out dates to 1995 in 
the South Atlantic and 1996 in the Gulf EEZ. The Environmental Defense 
Fund (EDF) said that waiting to ban live rock collection, in certain 
areas off Florida, until an aquaculture industry is in place creates no 
incentives for the development of the industry. EDF believes that it is 
not NMFS' responsibility to ensure that an aquaculture industry exists 
to replace fisheries that must be shut down because they are 
unsustainable.
    Response: NMFS has approved the phase-out dates requested by the 
Councils as part of Amendment 2. Approval of these dates by NMFS was 
based on an agency determination that these dates represent a 
reasonable balancing of concerns for the live rock resource and 
concerns for the effect of immediate closures on the aquarium industry. 
Following a series of public hearings and discussions beginning in 
1993, the South Atlantic Council weighed the requests of live rock 
harvesters for time to produce a marketable aquaculture product against 
the continuing loss of fisheries habitat and the potential degradation 
of the Florida Reef Tract from wild live rock harvests in the South 
Atlantic area. The Council decided that January 1, 1996, or 
approximately a 1-year delay in a ban on commercial harvests was 
reasonable, especially since testimony indicated that a marketable 
product could be produced from base rock in about one year. Eliminating 
or reducing the phase-out periods, as some commenters suggested, were 
options rejected by the Councils because of the unacceptable adverse 
economic impacts on live rock harvesters.

Personal-Use Harvests

    Comment: PIJAC, AAS, MASNA, six pet shops, and five individuals 
asked for a personal-use allowance of a 5-gal bucket (19-L) container 
of live rock per person per day. EDF believes that this allowance is an 
excessive amount to maintain one aquarium and is concerned about 
enforcement problems and the potential for abuse. EDF requests that the 
potential impacts of such a provision be closely examined.
    Response: In developing Amendment 2, the Council and NMFS rejected 
a personal-use harvest that could result in a total of up to 1,825 gal 
(6,908 L) of live rock per person per year. The harvest of wild live 
rock is a take of an essentially nonrenewable resource and results in a 
net loss of fishery habitat. While NMFS agreed with the Councils' final 
recommendation to delay the ban on commercial harvests in order to 
mitigate adverse economic impacts on the industry and allow a 
transition to live rock aquaculture, this justification is not 
applicable to the recreational sector. Further, live rock is likely to 
contain prohibited corals. Commercial harvesters testified that they 
must carefully choose pieces to avoid taking prohibited corals. 
Occasional recreational divers are less likely to be able to make these 
distinctions and any allowable recreational take of live rock could 
result in increased takes of prohibited corals. Finally, the State of 
Florida banned both commercial and recreational harvest of live rock 
from State waters in 1989. A personal-use harvest from the EEZ off 
Florida could seriously complicate State enforcement efforts. The Gulf 
Council intends to reconsider this issue during development of FMP 
Amendment 3.

Aquaculture Permits

    Comment: Florida, Georgia, and the CMC support the live rock 
aquaculture provisions. Pet industry groups and two commercial 
harvesters are concerned about delays in development of permit systems 
for aquaculture. PADI believes that aquaculture development should 
occur away from the natural environment so as to provide supervisory 
agencies the ability to monitor aquaculture activities without 
ambiguity between what may be harvesting aquacultured versus wild live 
rock. The South Atlantic Council forwarded the minutes of its Coral 
Advisory Panel (AP) meeting that resulted in recommended changes to the 
draft aquacultured live rock permit criteria. The AP was particularly 
concerned that any required site evaluation report be prepared by an 
independent source to eliminate bias and that placement of rocks used 
for aquaculture be conducted in an environmentally sound manner.
    Response: NMFS and the U.S. Army Corps of Engineers (COE) are 
developing a coordinated permit system for live rock aquaculture that 
will expedite applications. Rather than requiring application to both 
agencies, one to COE for deposition of materials in Federal waters and 
one to NMFS for harvest and possession of live rock in the EEZ, permits 
will be issued by NMFS that will, among other things, authorize 
individuals to deposit materials under a COE general permit. Several 
individuals will be ``grandfathered'' into the COE permit because they 
already hold COE individual permits under the authority of the Rivers 
and Harbors Act, and have placed rocks in designated sites for the 
purpose of live rock aquaculture. These individuals will still need to 
apply for a NMFS harvest and possession permit and abide by NMFS' 
reporting and other regulatory requirements. The COE general permit is 
expected to be available in January 1995. Land-based aquaculture, as 
suggested by PADI, was opposed by the live rock harvesting industry 
representatives that attended State of Florida and Council public 
hearings on this issue because it is costly and technically more 
difficult than open-water aquaculture.
    As a result of the Coral AP's recommendations, NMFS has made 
certain changes from the proposed rule. The site survey, which is 
required to be submitted with an application for an aquacultured live 
rock permit, must be prepared pursuant to generally accepted industry 
standards. Additionally, clarifications have been made to the 
deposition procedures for live rock aquaculture to further the intent 
of the permit criteria, namely, the protection of natural hardbottom 
areas. Thus, this final rule explains that the rocks must be placed by 
hand or lowered completely to the bottom under restraint, that is, not 
allowed to fall freely, and must be placed from a vessel that is 
anchored to help ensure that the deposited materials do not drift onto 
natural hardbottom or vegetated areas.

Concerns of the South Atlantic Council

    Comment: The South Atlantic Council expressed its concern about 
certain proposed measures. It reiterated that allowable octocorals in 
the South Atlantic include only the substrate covered by and within 1 
inch (2.5 cm) of the holdfast and noted that Florida intended to 
establish this definition in its waters. Also, the Council reiterated 
its request for a separate FMP for coral and coral reef resources in 
the area of its jurisdiction and noted its intent to prohibit chipping 
under aquaculture permits through a subsequent FMP amendment.
    Response: NMFS refers the Council to discussions above regarding 
the amount of substrate that can be landed with an allowable octocoral. 
In light of Florida's recent publication of a rule allowing the landing 
of only 1 inch (2.5 cm) of substrate surrounding the octocoral, 
individuals landing allowable octocorals in Florida will have to abide 
by the more restrictive State rule. NMFS has agreed to the South 
Atlantic Council's request and divided the single, joint Council FMP 
into two FMPs, each under the respective jurisdiction of the Gulf and 
South Atlantic Councils. Regarding chipping, the final rule prohibits 
this practice in areas of the South Atlantic where wild live rock 
harvesting is allowed, i.e., south of the Dade/Broward County line in 
Florida. Amendment 2 does not give NMFS the authority to address 
aquaculture permits in the South Atlantic. However, the Council is free 
to include a chipping prohibition in the aquaculture measures it 
intends to forward for NMFS approval early next year.

Approval of Amendment 2

    On November 25, 1994, the Director, Southeast Region, NMFS 
(Regional Director), approved Amendment 2.

Changes from the Proposed Rule

    As discussed above, Sec. 638.4(b)(4) is revised to require that the 
site survey, which is required to be submitted with an application for 
an aquacultured live rock permit, be prepared pursuant to generally 
accepted industry standards.
    By emergency interim rule, a quota for wild live rock from the EEZ 
off the southern Atlantic states was established for the current 
fishing year. That quota was reached and the fishery was closed 
effective November 1, 1994. Accordingly, the quota for the current 
fishing year is removed from Sec. 638.25(c)(1) and provisions for 
continuing the closure through December 31, 1994, are temporarily added 
at Sec. 638.25(c)(3).
    As noted above, Sec. 638.27(b)(2) is revised to require that 
material deposited on an aquaculture site must be placed on the site by 
hand or lowered completely to the bottom under restraint (that is, not 
allowed to fall freely) and must be placed from a vessel that is 
anchored.

Classification

    The Regional Director determined that Amendment 2 is necessary for 
the conservation and management of coral and coral reefs off the 
southern Atlantic states and in the Gulf of Mexico 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 Councils prepared a final supplemental environmental impact 
statement (FSEIS) for Amendment 2; a notice of availability was 
published on August 29, 1994 (59 FR 44398). According to the FSEIS, the 
measures contained in Amendment 2 will benefit the natural environment 
by phasing out activities that result in damage to live bottom habitat 
areas. Potential adverse economic impacts on fishermen will be 
mitigated by the harvest of aquacultured live rock.
    The Councils prepared an initial regulatory flexibility analysis 
(RFA) for this action. The initial RFA has been adopted as final 
without change. The initial and final RFAs conclude that this action 
may have a significant economic impact on a substantial number of small 
entities. The specifics of that conclusion are summarized in the 
proposed rule and are not repeated here. Copies of the document may be 
obtained from the Gulf of Mexico Fishery Management Council, 5401 W. 
Kennedy Boulevard, Suite 331, Tampa, FL 33609-2486, FAX 813-225-7015, 
or from the South Atlantic Fishery Management Council, Southpark 
Building, One Southpark Circle, Suite 306, Charleston, SC 29407- 4699, 
FAX 803-769-4520.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act--specifically, applications for 
permits to take wild live rock, applications for permits to take 
aquacultured live rock, site evaluation reports for aquacultured live 
rock, reports of live rock harvests, and notification of intent to 
harvest aquacultured live rock. These collections of information have 
been approved by OMB under OMB control numbers 0648-0205, and 0648-
0016. The public reporting burdens for these collections of information 
are estimated to average 15, 15, 45, 15, and 2 minutes per response, 
respectively, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. This rule also 
revises a collection-of-information requirement subject to the 
Paperwork Reduction Act--namely, applications for prohibited coral, 
allowable chemical, and allowable octocoral permits. This collection of 
information is estimated to average 15 minutes per response and was 
previously approved by OMB under OMB control number 0648-0205. Send 
comments regarding these burden estimates or any other aspect of the 
collections of information, including suggestions for reducing the 
burdens, to Edward E. Burgess, 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).
    In the EEZ off the southern Atlantic states, the substantive 
measures in this final rule, that is, non-administrative measures that 
affect the conservation of coral and coral reefs, are currently in 
effect under an emergency interim rule. In the EEZ of the Gulf of 
Mexico, the substantive measures were in effect through November 12, 
1994, under an emergency interim rule. It is in the public interest to 
continue the effectiveness of these measures off the southern Atlantic 
states without hiatus and to minimize the period of time that these 
measures are not in effect in the Gulf of Mexico. The other measures in 
this final rule are continuations or clarifications of existing 
measures or administrative measures that do not affect current fishing 
practices. Delay in effectiveness of these other measures serves no 
useful purpose and is not in the public interest. Accordingly, the 
Assistant Administrator for Fisheries, NOAA, finds for good cause, 
under section 553(d)(3) of the Administrative Procedure Act, that the 
effectiveness of this final rule should not be delayed.

List of Subjects

50 CFR Part 204

    Reporting and recordkeeping requirements.

50 CFR Part 638

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 21, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 204 and 638 
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 removing from the left 
column ``638.4(g)'' and ``638.7'', and their corresponding entries in 
the right column, and by adding in their place, in the left column, in 
numerical order, ``638.4'', ``638.5'', and ``638.27(d)'' and in the 
right column, in corresponding positions, the control numbers ``-
0205'', ``-0205'', and ``-0016''.

PART 638--CORAL AND CORAL REEFS OF THE GULF OF MEXICO AND THE SOUTH 
ATLANTIC

    3. The authority citation for part 638 continues to read as 
follows:

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

    4. Section 638.1 is revised to read as follows:


Sec. 638.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for Coral and Coral Reefs off the Southern Atlantic States and the 
Fishery Management Plan for Coral and Coral Reefs of the Gulf of Mexico 
developed under the Magnuson Act by the South Atlantic Fishery 
Management Council and the Gulf of Mexico Fishery Management Council, 
respectively.
    (b) This part governs conservation and management of coral, coral 
reefs, and live rock in the EEZ off the southern Atlantic states and in 
the Gulf of Mexico. ``EEZ'' in this part 638 refers to the EEZ in those 
geographical areas, unless the context clearly indicates otherwise.
    5. In Sec. 638.2, the definition of ``Scientific and educational 
purpose'' is removed; in the definition of ``Allowable chemical'', 
paragraphs (a) and (b) are redesignated as paragraphs (1) and (2), 
respectively; the definitions of ``Allowable octocoral'', ``HAPC'', 
``Prohibited coral'', and ``Regional Director'' are revised; and new 
definitions of ``Aquacultured live rock'', ``Chipping'', ``Gulf of 
Mexico'', ``Live rock'', ``Off the southern Atlantic states'', 
``Scientific, educational, or restoration purpose'', ``Trip'', and 
``Wild live rock'' are added in alphabetical order to read as follows:


Sec. 638.2  Definitions.

* * * * *
    Allowable octocoral means an erect, nonencrusting species of the 
subclass Octocorallia, except the seafans Gorgonia flabellum and G. 
ventalina, plus the attached substrate--
    (1) Within 1 inch (2.54 cm) of an allowable octocoral in or from 
the EEZ off the southern Atlantic states; and
    (2) Within 3 inches (7.62 cm) of an allowable octocoral in or from 
the Gulf of Mexico EEZ.
    Aquacultured live rock means live rock that is harvested under an 
aquacultured live rock permit issued pursuant to Sec. 638.4.
    Chipping means breaking up reefs, ledges, or rocks into fragments, 
usually by means of a chisel and hammer.
* * * * *
    Gulf of Mexico means the waters off the southern states from the 
boundary between the Atlantic Ocean and the Gulf of Mexico, as 
specified in Sec. 601.11(c) of this chapter, to the Texas/Mexico 
border.
    HAPC means habitat area of particular concern.
    Live rock means living marine organisms, or an assemblage thereof, 
attached to a hard substrate, including dead coral or rock (excluding 
individual mollusk shells).
    Off the southern Atlantic states means the waters off the east 
coast from 36 deg.34'55'' N. lat. (extension of the Virginia/North 
Carolina boundary) to the boundary between the Atlantic Ocean and the 
Gulf of Mexico, as specified in Sec. 601.11(c) of this chapter.
    Prohibited coral means--
    (1) Coral belonging to the Class Hydrozoa (fire corals and 
hydrocorals);
    (2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia, 
Orders Scleractinia (stony corals) and Antipatharia (black corals);
    (3) A seafan, Gorgonia flabellum or G. ventalina;
    (4) Coral in a coral reef, except for allowable octocoral; or
    (5) Coral in an HAPC, including allowable octocoral.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
* * * * *
    Scientific, educational, or restoration purpose means the objective 
of gaining knowledge for the benefit of science, humanity, or 
management of coral or returning a disturbed habitat as closely as 
possible to its original condition.
* * * * *
    Trip means a fishing trip, regardless of number of days duration, 
that begins with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawall, or 
ramp.
    Wild live rock means live rock other than aquacultured live rock.
    6. In Sec. 638.3, in paragraph (a), the reference to ``paragraph 
(b) of this section'' is revised to read ``paragraphs (b) and (c) of 
this section''; and paragraph (c) is added to read as follows:


Sec. 638.3  Relation to other laws.

* * * * *
    (c) If a state has a catch, landing, or gear regulation that is 
more restrictive than a catch, landing, or gear regulation in this 
part, a person landing in such state allowable octocoral taken from the 
EEZ must comply with the more restrictive state regulation.


Secs. 638.8, 638.6  [Redesignated as Secs. 638.9, 638.8]

    7. Section 638.8 is redesignated as Sec. 638.9; Sec. 638.6 is 
redesignated as Sec. 638.8; Secs. 638.4, 638.5, and 638.7 are revised, 
and new Sec. 638.6 is added to read as follows:

    (Note: This revision supersedes the amendments to Sec. 638.5 
published in the emergency interim rule on June 27, 1994 (59 FR 
32933) and extended on September 16, 1994 (59 FR 47563).)


Sec. 638.4  Permits and fees.

    (a) Applicability. (1) Federal permits. Federal permits are 
required for specified activities in the EEZ as follows:
    (i) Prohibited coral. A Federal permit is required for an 
individual to take or possess prohibited coral and will be issued only 
when the prohibited coral will be used for a scientific, educational, 
or restoration purpose.
    (ii) Allowable chemical. A Federal permit is required for an 
individual to take or possess fish or other marine organisms with an 
allowable chemical in a coral area, other than fish or other marine 
organisms that are landed in Florida.
    (iii) Allowable octocoral. A Federal permit is required for an 
individual to take or possess allowable octocoral, other than allowable 
octocoral that is landed in Florida.
    (iv) Wild live rock. (A) A Federal permit is required for a vessel 
to take or possess wild live rock. A wild live rock vessel permit will 
not be issued unless the current owner of the vessel for which the 
permit is requested had the required Florida permit and endorsements 
for live rock on or before February 3, 1994, and a record of landings 
of live rock on or before February 3, 1994, as documented on trip 
tickets received by the Florida Department of Environmental Protection 
before March 15, 1994. For landings other than in Florida, equivalent 
state permits/endorsements, if required, and landing records may be 
substituted for the Florida permits/endorsements and trip tickets. An 
owner will not be issued permits in numbers exceeding the number of 
vessels for which the owning entity had the requisite reported 
landings. An owner of a permitted vessel may transfer the vessel permit 
to another vessel owned by the same person by returning the existing 
permit with an application for a vessel permit for the replacement 
vessel.
    (B) A Federal permit is required for an individual to take or 
possess wild live rock for a scientific, educational, or restoration 
purpose and an individual permit will be issued only for such purpose. 
Such individual wild live rock permit may authorize the taking and 
possession of wild live rock in or from areas not otherwise allowed by 
the regulations in this part.
    (v) Aquacultured live rock. A Federal permit is required for a 
person to take or possess aquacultured live rock. Each aquacultured 
live rock permit will be issued for a specific site, which may not 
exceed 1 acre (0.4 ha). Aquacultured live rock permits are available 
only for harvests in the Gulf of Mexico.
    (2) Florida permits. Appropriate Florida permits and endorsements 
are required for the following activities, without regard to whether 
they involve activities in the EEZ or Florida's waters:
    (i) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (ii) Landing allowable octocoral in Florida.
    (iii) Landing live rock in Florida.
    (b) Application. An application for a Federal permit must be signed 
and submitted by the applicant on an appropriate form, which may be 
obtained from the Regional Director. 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. Information 
must be provided as follows:
    (1) Basic information. (i) Name, mailing address including zip 
code, telephone number, social security number, and date of birth of 
the applicant.
    (ii) Name and address of any affiliated company, institution, or 
organization.
    (iii) Information concerning vessels and harvesting gear/methods 
requested by the Regional Director.
    (iv) Any other information that may be necessary for the issuance 
or administration of the permit.
    (2) Scientific, educational, or restoration purpose. An applicant 
for a prohibited coral permit or a wild live rock permit for a 
scientific, educational, or restoration purpose must specify the amount 
and size of prohibited coral or wild live rock to be harvested, by 
species, its intended use, and proposed locations and periods of 
fishing.
    (3) Allowable chemical. An applicant for an allowable chemical 
permit must specify the type of chemical to be used, species to be 
harvested and their intended use, and proposed locations and periods of 
fishing.
    (4) Aquacultured live rock. An applicant for an aquacultured live 
rock permit must identify each vessel that will be depositing material 
on or harvesting aquacultured live rock from the proposed aquacultured 
live rock site, must specify the port of landing of aquacultured live 
rock, and must provide a site evaluation report prepared pursuant to 
generally accepted industry standards that--
    (i) Provides accurate coordinates of the proposed harvesting site 
so that it can be located using LORAN or Global Positioning System 
equipment;
    (ii) Shows the site on a chart in sufficient detail to determine 
its size and allow for site inspection;
    (iii) Discusses possible hazards to safe navigation or hindrance to 
vessel traffic, traditional fishing operations, or other public access 
that may result from aquacultured live rock at the site;
    (iv) Describes the naturally occurring bottom habitat at the site; 
and
    (v) Specifies the type and origin of material to be deposited on 
the site and how it will be distinguishable from the naturally 
occurring substrate.
    (c) Change in application information. An individual, the owner of 
a vessel, or a person with a permit must notify the Regional Director 
within 30 days after any change in the application information 
specified in paragraph (b) of this section. The permit is void if any 
change in the information is not reported within 30 days.
    (d) Fees. A fee is charged for each permit application submitted 
under paragraph (b) of this section. The amount of the fee is 
calculated in accordance with the procedures of the NOAA Finance 
Handbook for determining the administrative costs of each special 
product or service. The fee may not exceed such costs and is specified 
with each application form. The appropriate fee must accompany each 
application.
    (e) Issuance. (1) The Regional Director will issue a permit at any 
time to an applicant if the application is complete. An application is 
complete when all requested forms, information, and documentation have 
been received and the applicant has submitted all applicable reports 
specified at Sec. 638.5.
    (2) Upon receipt of an incomplete application, the Regional 
Director will notify the applicant of the deficiency. If the applicant 
fails to correct the deficiency within 30 days of the date of the 
Regional Director's letter of notification, the application will be 
considered abandoned.
    (f) Duration. A permit remains valid for the period specified on it 
unless it is revoked, suspended, or modified pursuant to subpart D of 
15 CFR part 904 or the permitted vessel is sold.
    (g) Transfer. A permit issued pursuant to this section is not 
transferable or assignable, except as provided under paragraph 
(a)(1)(iv)(A) of this section for a wild live rock vessel permit. An 
individual or person who desires to conduct an activity for which a 
permit is required must apply for a permit in accordance with the 
provisions of paragraph (b) of this section. The application must be 
accompanied by a copy of a signed bill of sale or equivalent 
acquisition papers if the application involves a current permit for 
aquacultured live rock.
    (h) Display. (1) An individual permit issued pursuant to this 
section must be available when the permitted activity is being 
conducted, including the landing of species taken as a result of that 
activity.
    (2) A vessel permit for wild live rock issued pursuant to this 
section must be carried on board the vessel and such vessel must be 
identified as required by Sec. 638.6.
    (3) An aquacultured live rock permit issued pursuant to this 
section, or a copy, must be carried on board a vessel depositing or 
possessing material on an aquacultured live rock site or harvesting or 
possessing live rock from an aquacultured live rock site, and such 
vessel must be identified as provided for in Sec. 638.6.
    (4) The operator of a vessel or an individual must present the 
permit for inspection upon the request of an authorized officer.
    (i) Sanctions and denials. A permit issued pursuant to this section 
may be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.
    (j) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (k) Replacement. A replacement permit may be issued. An application 
for a replacement permit will not be considered a new application. A 
fee, the amount of which is stated with the application form, must 
accompany each request for a replacement.


Sec. 638.5  Recordkeeping and reporting.

    (a) An individual with a Federal prohibited coral or wild live rock 
permit for a scientific, educational, or restoration purpose must 
submit a report of harvest to the Regional Director. Specific reporting 
requirements will be provided with the permit.
    (b) An individual with a Federal allowable octocoral permit must 
submit a report of harvest to the Science and Research Director. 
Specific reporting requirements will be provided with the permit.
    (c) A person with an aquacultured live rock permit must report to 
the Regional Director each deposition of material on a site. Such 
reports must be postmarked not later than 7 days after deposition and 
must contain the following information:
    (1) Permit number of site and date of deposit.
    (2) Geological origin of material deposited.
    (3) Amount of material deposited.
    (4) Source of material deposited, that is, where obtained, if 
removed from another habitat, or from whom purchased.
    (d) The owner of a vessel that takes wild live rock, and a person 
who takes aquacultured live rock that is landed in Florida, must submit 
Florida trip tickets as required by Florida statutes and regulations.
    (e) A person who takes aquacultured live rock that is landed other 
than in Florida must submit a report of harvest to the Regional 
Director. Specific reporting requirements will be provided with the 
permit.
    (f) Additional data will be collected by authorized statistical 
reporting agents, as designees of the Science and Research Director, 
and by authorized officers. An owner or operator of a fishing vessel, 
an individual or person with a coral permit issued pursuant to 
Sec. 638.4, and a dealer or processor are required upon request to make 
prohibited coral, fish or other marine organisms taken with an 
allowable chemical, allowable octocoral, or live rock available for 
inspection by the Science and Research Director or an authorized 
officer.


Sec. 638.6  Vessel identification.

    (a) Official number. A vessel with a Federal permit for wild live 
rock or operating under an aquacultured live rock permit, issued 
pursuant Sec. 638.4, 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 each fishing vessel 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 any enforcement vessel or aircraft.


Sec. 638.7  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) Without a Federal permit, take or possess in the EEZ--
    (1) Prohibited coral,
    (2) Fish or other marine organisms with an allowable chemical in a 
coral area,
    (3) Allowable octocoral,
    (4) Wild live rock, or
    (5) Aquacultured live rock--as specified in Sec. 638.4(a)(1).
    (b) Falsify information specified in Sec. 638.4(b) on an 
application for a permit.
    (c) Fail to display or present a permit, as specified in 
Sec. 638.4(h).
    (d) Falsify or fail to submit required reports or trip tickets, as 
specified in Sec. 638.5(a), (b), (c), (d), and (e).
    (e) Fail to make prohibited coral, fish or other marine organisms 
taken with an allowable chemical, allowable octocoral, or live rock 
available for inspection, as specified in Sec. 638.5(f).
    (f) Falsify or fail to display and maintain vessel identification, 
as required by Sec. 638.6.
    (g) Fail to return immediately to the sea prohibited coral, 
allowable octocoral, or live rock taken as incidental catch, or, in 
fisheries in which the entire catch is landed unsorted, sell, trade, or 
barter, or attempt to sell, trade, or barter prohibited coral, 
allowable octocoral, or live rock; as specified in Sec. 638.21.
    (h) Use or possess a toxic chemical in a coral area in the EEZ, as 
specified in Sec. 638.22(a).
    (i) Use a power-assisted tool in the EEZ to take prohibited coral, 
allowable octocoral, or live rock, or possess in the EEZ such coral or 
live rock taken with a power-assisted tool, as specified in 
Sec. 638.22(b).
    (j) Fish for or possess prohibited coral or allowable octocoral in 
the West and East Flower Garden Banks HAPC or the Florida Middle 
Grounds HAPC, except as authorized by a permit, as specified in 
Sec. 638.23(a)(1) and (b)(1).
    (k) Use prohibited fishing gear in an HAPC, as specified in 
Sec. 638.23(a)(2), (b)(2), and (c).
    (l) After the fishery for allowable octocoral is closed, harvest or 
possess allowable octocoral in the EEZ, or purchase, barter, trade, or 
sell allowable octocoral so harvested or possessed, or attempt any of 
the foregoing, as specified in Sec. 638.24(b).
    (m) Harvest or possess wild live rock in the EEZ off the southern 
Atlantic states north of 25 deg.58.5' N. lat., or in the Gulf of Mexico 
EEZ west of 87 deg.31'06'' W. long. or south of 25 deg.20.4' N. lat., 
as specified in Secs. 638.25(a) and 638.26(a).
    (n) Harvest wild live rock by chipping or possess wild live rock 
taken by chipping in the EEZ off the southern Atlantic states south of 
25 deg.58.5' N. lat. or in the Gulf of Mexico EEZ from 87 deg.31'06'' 
W. long. east and south to 28 deg.26' N. lat., as specified in 
Secs. 638.25(b) and 638.26(b)(1).
    (o) After the fishery for wild live rock is closed in the EEZ off 
the southern Atlantic states, harvest or possess wild live rock in that 
area, or purchase, barter, trade, or sell wild live rock so harvested 
or possessed, or attempt any of the foregoing, as specified in 
Sec. 638.25(c).
    (p) In the Gulf of Mexico EEZ from 28 deg.26' N. lat. to 
25 deg.20.4' N. lat., harvest or possess wild live rock taken other 
than by hand or by chipping with a nonpower-assisted, hand-held hammer 
and chisel, as specified in Sec. 638.26(b)(2).
    (q) Exceed the daily vessel harvest and possession limit applicable 
to the harvest or possession of live rock in or from the Gulf of Mexico 
EEZ, as specified in Sec. 635.26(c).
    (r) Fail to comply with the restrictions applicable to aquacultured 
live rock sites specified in Sec. 638.27(b).
    (s) Mechanically dredge or drill, or otherwise disturb, 
aquacultured live rock or harvest live rock other than by hand, as 
specified in Sec. 638.27(c).
    (t) Falsify or fail to provide information 24 hours prior to 
harvesting aquacultured live rock, as specified in Sec. 638.27(d).
    (u) Harvest live rock from a site for which the person does not 
have an aquacultured live rock permit, as specified in Sec. 638.27(e).
    (v) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of allowable octocoral, prohibited coral, 
or live rock.
    (w) 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.

Subpart B--Management Measures

    8. Subpart B of part 638 is revised to read as follows:

    (Note: This revision supercedes the amendments to subpart B 
published in the emergency interim rule on June 27, 1994 (59 FR 
32933) and extended on September 16, 1994 (59 FR 47563).)

Subpart B--Management Measures

638.20  Fishing years.
638.21  Harvest limitations.
638.22  Gear restrictions.
638.23  Habitat areas of particular concern.
638.24  Octocoral quota and closure.
638.25  Wild live rock off the southern Atlantic states.
638.26  Wild live rock in the Gulf of Mexico.
638.27  Aquacultured live rock.
638.28  Specifically authorized activities.

Subpart B--Management Measures


Sec. 638.20  Fishing years.

    The fishing year for live rock begins on January 1 and ends on 
December 31. The fishing year for prohibited coral and allowable 
octocoral begins on October 1 and ends on September 30.


Sec. 638.21  Harvest limitations.

    Except as authorized by a permit issued pursuant to Sec. 638.4, 
prohibited coral, allowable octocoral, and live rock taken as 
incidental catch must be returned immediately to the sea in the general 
area of fishing. In fisheries where the entire catch is landed 
unsorted, such as the scallop and groundfish fisheries, unsorted 
prohibited coral, allowable octocoral, and live rock are exempt from 
the requirement for a Federal permit and may be landed; however, no 
person may sell, trade, or barter or attempt to sell, trade, or barter 
such prohibited coral, allowable octocoral, or live rock.


Sec. 638.22  Gear restrictions.

    (a) A toxic chemical may not be used or possessed in a coral area 
in the EEZ.
    (b) A power-assisted tool may not be used in the EEZ to take 
prohibited coral, allowable octocoral, or live rock, and the possession 
in the EEZ of such corals or live rock taken with a power-assisted tool 
is prohibited.


Sec. 638.23  Habitat areas of particular concern.

    The following areas are designated as HAPCs:
    (a) West and East Flower Garden Banks. The West and East Flower 
Garden Banks are geographically centered at 27 deg.52'14.21'' N. lat., 
93 deg.48'54.79'' W. long. and 27 deg.55'07.44'' N. lat., 
93 deg.36'08.49'' W. long., respectively. On each bank, the HAPC 
extends from its geographical center to the 50-fathom (300-ft) (91.4-m) 
isobath. The following restrictions apply in the HAPC:
    (1) Fishing for or possessing prohibited coral or allowable 
octocoral is prohibited, except as authorized by a permit issued 
pursuant to Sec. 634.4; and
    (2) Fishing with bottom longlines, traps, pots, dredges, or bottom 
trawls is prohibited.
    (b) Florida Middle Grounds. The Florida Middle Grounds is bounded 
by rhumb lines connecting the following points:

------------------------------------------------------------------------
                                                   North         West   
                     Point                        latitude    longitude 
------------------------------------------------------------------------
A.............................................  28 deg.42.5             
                                                          '  84 deg.24.8
                                                                       '
B.............................................  28 deg.42.5             
                                                          '  84 deg.16.3
                                                                       '
C.............................................  28 deg.11.0             
                                                          '  84 deg.00.0
                                                                       '
D.............................................  28 deg.11.0             
                                                          '  84 deg.07.0
                                                                       '
E.............................................  28 deg.26.6             
                                                          '  84 deg.24.8
                                                                       '
A.............................................  28 deg.42.5             
                                                          '  84 deg.24.8
                                                                       '
------------------------------------------------------------------------

    The following restrictions apply in the HAPC:
    (1) Fishing for or possessing prohibited coral or allowable 
octocoral is prohibited, except as authorized by a permit issued 
pursuant to Sec. 634.4; and
    (2) Fishing with bottom longlines, traps, pots, dredges, or bottom 
trawls is prohibited.
    (c) Oculina Bank. The Oculina Bank is located approximately 15 
nautical miles east of Fort Pierce, FL, at its nearest point to shore, 
and is bounded on the north by 27 deg.53' N. lat., on the south by 
27 deg.30' N. lat., on the east by 79 deg.56' W. long., and on the west 
by 80 deg.00' W. long. In the HAPC, fishing with bottom longlines, 
traps, pots, dredges, or bottom trawls is prohibited. See 
Sec. 646.26(d) of this chapter for prohibitions on fishing for snapper-
grouper in the Oculina Bank HAPC.


Sec. 638.24  Octocoral quota and closure.

    (a) The quota for allowable octocoral from the EEZ is 50,000 
colonies per fishing year.
    (b) When the quota specified in paragraph (a) of this section is 
reached, or is projected to be reached, the Assistant Administrator 
will file notification to that effect with the Office of the Federal 
Register. On and after the effective date of such notification, for the 
remainder of the fishing year, allowable octocoral may not be harvested 
or possessed in the EEZ and the purchase, barter, trade, or sale, or 
attempted purchase, barter, trade, or sale, of allowable octocoral in 
or from the EEZ is prohibited. The latter prohibition does not apply to 
allowable octocoral that was harvested and landed prior to the 
effective date of the notification in the Federal Register.


Sec. 638.25  Wild live rock off the southern Atlantic states.

    (a) Closed area. No person may harvest or possess wild live rock in 
the EEZ off the southern Atlantic states north of 25 deg.58.5' N. lat. 
(extension of the Dade/Broward County, Florida, boundary).
    (b) Gear limitation. In the EEZ off the southern Atlantic states 
south of 25 deg.58.5' N. lat., no person may harvest wild live rock by 
chipping and no person may possess in that area wild live rock taken by 
chipping.
    (c) Quota and closure. (1) The quota for wild live rock from the 
EEZ off the southern Atlantic states is 485,000 lb (219,992 kg) for the 
fishing year that begins January 1, 1995. Commencing with the fishing 
year that begins January 1, 1996, the quota is zero.
    (2) When the quota specified in paragraph (c)(1) of this section is 
reached, or is projected to be reached, the Assistant Administrator 
will file notification to that effect with the Office of the Federal 
Register. On and after the effective date of such notification, for the 
remainder of the fishing year, wild live rock may not be harvested or 
possessed in the EEZ off the southern Atlantic states and the purchase, 
barter, trade, or sale, or attempted purchase, barter, trade, or sale, 
of wild live rock in or from the EEZ off the southern Atlantic states 
is prohibited. The latter prohibition does not apply to wild live rock 
that was harvested and landed prior to the effective date of the 
notification in the Federal Register.
    (3) The 1994 quota for wild live rock from the EEZ off the southern 
Atlantic states was reached and the fishery was closed effective 
November 1, 1994. The provisions of paragraph (c)(2) of this section 
regarding harvest or possession of wild live rock and the purchase, 
barter, trade, or sale, or attempts thereof, of wild live rock are 
effective December 22, 1994, through December 31, 1994.


Sec. 638.26  Wild live rock in the Gulf of Mexico.

    (a) Closed areas. No person may harvest or possess wild live rock 
in the Gulf of Mexico EEZ--
    (1) West of 87 deg.31'06'' W. long. (extension of the Alabama/
Florida boundary); or
    (2) South of 25 deg.20.4' N. lat. (extension of the Monroe/Collier 
County, Florida boundary).
    (b) Gear limitations. (1) In the Gulf of Mexico EEZ from 
87 deg.31'06'' W. long. east and south to 28 deg.26' N. lat. (extension 
of the Pasco/Hernando County, FL, boundary), no person may harvest wild 
live rock by chipping and no person may possess in that area wild live 
rock taken by chipping.
    (2) In the Gulf of Mexico EEZ from 28 deg.26' N. lat. to 
25 deg.20.4' N. lat., wild live rock may be harvested only by hand, 
without tools, or by chipping with a nonpower-assisted, hand-held 
hammer and chisel, and no person may possess in that area wild live 
rock taken other than by hand, without tools, or by chipping with a 
nonpower-assisted, hand-held hammer and chisel.
    (c) Harvest and possession limits. Through December 31, 1996, a 
daily vessel limit of twenty-five 5-gallon (19-L) buckets, or volume 
equivalent (16.88 ft\3\ (478.0 L)), applies to the harvest or 
possession of wild live rock in or from the Gulf of Mexico EEZ from 
87 deg.31'06'' W. long. east and south to 25 deg.20.4' N. lat., 
regardless of the number or duration of trips. Commencing January 1, 
1997, the daily vessel limit is zero.


Sec. 638.27  Aquacultured live rock.

    (a) Aquacultured live rock may be harvested from the Gulf of Mexico 
EEZ only under a permit, as required by Sec. 638.4(a)(1)(v). A person 
harvesting aquacultured live rock is exempt from the prohibition on 
taking prohibited coral for such prohibited coral as attaches to 
aquacultured live rock.
    (b) The following restrictions apply to individual aquaculture 
activities:
    (1) No aquaculture site may exceed 1 acre (0.4 ha) in size.
    (2) Material deposited on the aquaculture site must be geologically 
or otherwise distinguishable from the naturally occurring substrate or 
be indelibly marked or tagged; may not be placed over naturally 
occurring reef outcrops, limestone ledges, coral reefs, or vegetated 
areas; must be free of contaminants; must be nontoxic; must be placed 
on the site by hand or lowered completely to the bottom under 
restraint, that is, not allowed to fall freely; and must be placed from 
a vessel that is anchored.
    (3) A minimum setback of at least 50 ft (15.2 m) must be maintained 
from natural vegetated or hard bottom habitats.
    (c) Mechanically dredging or drilling, or otherwise disturbing, 
aquacultured live rock is prohibited, and aquacultured live rock may be 
harvested only by hand.
    (d) Not less than 24 hours prior to harvest of aquacultured live 
rock, the owner or operator of the harvesting vessel must provide the 
following information to the NMFS Law Enforcement Office, Southeast 
Area, St. Petersburg, FL, telephone (813) 570-5344:
    (1) Permit number of site to be harvested and date of harvest.
    (2) Name and official number of the vessel to be used in 
harvesting.
    (3) Date, port, and facility at which aquacultured live rock will 
be landed.
    (e) Live rock on a site may be harvested only by the person, or his 
or her employee, contractor, or agent, who has been issued the 
aquacultured live rock permit for the site.


Sec. 638.28  Specifically authorized activities.

    The Regional Director may authorize, for the acquisition of 
information and data, activities otherwise prohibited by the 
regulations in this part.

[FR Doc. 94-31832 Filed 12-22-94; 11:27am]
BILLING CODE 3510-22-P