[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