[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Proposed Rules]
[Pages 46806-46811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22239]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 670

[Docket No. 950825218-5218-01; I.D. 073195A]
RIN 0648-AE47


Coral Reef Resources of Puerto Rico and the U.S. Virgin Islands; 
Initial Regulations

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement the Fishery 
Management Plan for Corals and Reef Associated Plants and Invertebrates 
of Puerto Rico and the U.S. Virgin Islands (FMP). This rule proposes 
restrictions on the taking of coral reef resources in or from the 
exclusive economic zone (EEZ) around Puerto Rico and the U.S. Virgin 
Islands. NMFS, based on a preliminary evaluation of the FMP, has 
disapproved two measures involving the adoption of state permit and 
reporting requirements because the state permit systems are not yet 
fully developed, and the state regulations authorizing these permits, 
where they exist, do not satisfy the requirements of the Administrative 
Procedure Act, the Magnuson Fishery Conservation and Management Act 
(Magnuson Act), and other applicable laws. The proposed rule would 
implement the remaining measures in the FMP. The intended effect is to 
protect important marine resources.

DATES: Written comments must be received on or before October 16, 1995.

ADDRESSES: Comments on the proposed rule must be sent to the Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702.
    Requests for copies of the FMP, which includes a regulatory impact 
review and an environmental impact statement, should be sent to the 
Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite 
1108, San Juan, PR 00918-2577.
    Comments regarding the collection-of-information requirement 
contained in this proposed rule should be sent to Edward E. Burgess, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702, and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Washington, DC 20503 
(Attention: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Caribbean 
Fishery Management Council (Council) under the authority of the 
Magnuson Act.

Background

    The FMP addresses corals and reef-associated plants and 
invertebrates (coral reef resources) in the waters of the Commonwealth 
of Puerto Rico and the Territory of the U.S. Virgin Islands (states) 
and the waters of the adjoining EEZ. The proposed regulations would 
govern conservation and management of coral reef resources in or from 
the adjoining EEZ. The FMP was developed to address general concern for 
the effects of man's activities on coral reef resources, including 
pollution resulting from coastal development, and the new and rapidly 
expanding fishery for the marine aquarium industry, especially in 
Puerto Rico.
    The waters off Puerto Rico could become the principal source of 
live coral reef resources for the U.S. marine aquarium market, because 
other areas of the Caribbean and Florida have restricted commercial 
harvest operations by gear regulations and some quotas. The Council is 
concerned about the potential impacts of the aquarium 

[[Page 46807]]
fishery on targeted organisms and the reef habitat where they are 
collected, because of increasing demand and current harvesting methods, 
including the use of chemicals and the removal of substrate.
    The Council has noted the current rate of degradation of coral reef 
resources, their limited distribution and the consequent potential for 
overexploitation, and the growing demand for reef-associated 
invertebrates for aquariums. The FMP, in association with corresponding 
state laws, is expected to provide consistent protection for coral reef 
resources throughout the U.S. Caribbean.
    The FMP proposes to: (1) Prohibit the use of chemicals, plants, 
plant-derived toxins, and explosives to take coral reef resources in 
the EEZ; (2) limit allowable harvest in the EEZ to dip nets and slurp 
guns or by hand; and (3) prohibit the possession or sale of stony 
corals, gorgonians, and live rock (prohibited species) taken from the 
EEZ.
    Additionally, the FMP proposes the adoption of state permit systems 
for harvesters and dealers of coral reef resources and for the taking 
of prohibited species for scientific, educational, or restoration 
purposes. However, these portions of the FMP are being disapproved 
because the state permit systems for coral reef resources are not yet 
fully developed and state regulations authorizing such permits, where 
the regulations exist, do not meet the requirements of the 
Administrative Procedure Act, the Magnuson Act and other applicable 
laws, as discussed below.

Gear Restrictions

    A ban on the use of chemicals and explosives to take coral reef 
resources, and the specification of hand-held slurp guns and dip nets 
as the only allowable gear, are designed to increase survival of 
targeted species and to protect non-targeted species from incidental 
mortality. Quinaldine, the most commonly used chemical agent, is a coal 
tar derivative used in the manufacture of dyes and explosives. 
Quinaldine anesthetizes reef fish, lobsters, and other invertebrates, 
and makes them easier to collect, but reportedly also decreases their 
survival rates and damages surrounding organisms including coral.
    The prohibition on the use of a plant or a plant-derived toxin to 
harvest coral reef resources would eliminate the historical practice of 
using plants native to the U.S. Caribbean, such as Sapindus saponarea, 
or their products to stun fish. Harvest by hand in a non-habitat 
destructive manner would ensure that no coral heads, or other reef 
habitats, are overturned or otherwise disturbed during harvest to allow 
access to targeted organisms sheltered beneath them. The proposed gear 
restrictions are not expected to adversely affect experienced 
harvesters of coral reef resources. The restrictions are designed to 
allow the harvest of these species without bycatch or increased capture 
mortality.

Protected Species

    Current scientific research indicates that corals and live rock are 
relatively slow-growing and may be considered nonrenewable fishery 
resources. Although certain of the soft coral species, such as 
gorgonians, are faster-growing, the Council determined that there are 
insufficient data on growth and replacement rates to propose safe 
harvest levels for these species. Consequently, the FMP proposes a 
prohibition on taking: (1) Stony coral, which includes fire corals, 
hydrocorals, and black corals; (2) gorgonians, including sea fans; and 
(3) live rock, except when such taking can be authorized for 
scientific, educational, or restoration purposes. Live rock means coral 
reef resources attached to a hard substrate, including dead coral or 
rock. Live rock is collected by scuba divers and sold to the marine 
aquarium industry for use in minireef tanks. NMFS will continue to 
monitor relevant scientific data and will revisit the issue if and when 
the data show that these corals may be sustainably harvested.
    Current harvest of stony coral in the U.S. Caribbean appears to be 
negligible. However, pressure to exploit gorgonians and live rock is 
expected to grow rapidly as market demand for live marine invertebrates 
increases and as regulations elsewhere (e.g., Florida) become 
increasingly restrictive. In Puerto Rico, about 40 individuals harvest 
live fish and invertebrates for the aquarium trade. About 25 percent of 
the exports, by number, are invertebrates, especially anemones and 
starfish. Less than 4 percent is live rock or corals. The wholesale 
(exvessel) value of the approximately 45,500 live coral reef resources 
reported exported annually is about $114,000; therefore, the reported 
export of stony corals, gorgonians, and live rock is valued at less 
than $5,000 annually.

Restriction on Sale

    Since harvest of prohibited species would be allowed only for a 
scientific, educational, or restoration purpose, sale of prohibited 
species in or from the EEZ would not be allowed. Harvest of these 
species in state waters is also prohibited. To put a limitation on sale 
into effect, it is necessary to be able to distinguish between 
prohibited species from the EEZ or adjoining state waters and 
prohibited species harvested elsewhere and imported for sale in Puerto 
Rico or the U.S. Virgin Islands. Such distinction cannot be made by 
appearance or test. Accordingly, the FMP proposes that a species 
prohibited for sale in Puerto Rico or the U.S. Virgin Islands will be 
presumed to have been harvested from the EEZ or from adjoining state 
waters unless it is accompanied by documentation showing that it was 
harvested elsewhere.
    The proposed documentation of having been harvested elsewhere would 
consist of (1) information specified in 50 CFR Part 246 for marking 
containers or packages of organisms that are imported, exported, or 
transported in interstate commerce; (2) the name and home port of the 
vessel or the name and address of the individual harvesting the 
prohibited species; (3) the date and port of landing of the species; 
and (4) a statement signed by the person holding the prohibited species 
for sale attesting that, to the best of his or her knowledge, 
information and belief, the species was harvested from an area other 
than the EEZ or adjoining state waters. If approved, the requirement 
for documentation of prohibited species that were harvested elsewhere 
would become effective approximately 3 months after publication of the 
final rule implementing the FMP. Thus, dealers would have a period 
during which they could sell existing stocks or obtain the required 
documentation.

Permit Requirements/Partial Disapproval of the FMP

    Because most of the fishery for coral reef resources occurs in 
state waters, the FMP anticipates that permits for harvesters and 
dealers, and permits exempting certain activities for scientific, 
educational, or restoration purposes, in or from the EEZ, would be 
issued by state agencies. For example, a harvest permit currently 
required by each state for its waters would be valid for the harvest of 
coral reef resources from the adjoining EEZ. State permit requirements 
would encompass all species in the approved Federal management unit.
    On August 9, 1995, the Regional Director, Southeast Region, NMFS 
(Regional Director), disapproved the permit and reporting requirements 
contained in the FMP, because the state permit systems on which the FMP 
permit provisions depend cannot satisfy the requirements of the 
Magnuson Act 

[[Page 46808]]
and other applicable law. Puerto Rico has no harvest permit requirement 
for coral reef resources. The U.S. Virgin Islands has a system for 
reporting catch, but it does not currently include all the species in 
the Federal management unit. A dealer's permit is not currently 
required in either state.
    The FMP suggests that the state permit and reporting procedures 
could provide additional information on landings, gear, capture 
mortality, and trade, but it does not appear that current state systems 
could provide this information. In addition, the FMP envisions that 
state permit systems can provide exceptions to certain gear 
restrictions and the taking of prohibited species for scientific, 
educational, or restoration purposes. However, research permit 
provisions of state regulations are largely discretionary, and the FMP 
does not provide details of application requirements, conditions, and 
criteria for issuance that could allow for meaningful public comment. 
Also, any state authorities that apply in the EEZ would have to be 
consistent with the Magnuson Act and other applicable law. These 
determinations cannot be made until complete state systems are in 
effect.
    Since the most easily accessible reef formations are found in state 
waters, it is unlikely that any significant number of requests will 
need to be made for activities in the EEZ for scientific, educational, 
or restoration purposes. Consequently, the proposed rule merely 
provides a mechanism to authorize such exceptions on a case-by-case 
basis should the need arise. Such authorizations would not relieve 
individuals of the obligation to comply with other legal or regulatory 
requirements, such as those that may apply in a national marine 
sanctuary. (See Sec. 670.24.)
    When the state permit and reporting systems for coral reef 
resources are fully developed and sufficient detail on their operations 
is available, the Council may resubmit these disapproved provisions, 
incorporating the state permit systems by an amendment to the FMP.
    Additional background and rationale for the measures discussed 
above are contained in the FMP, the availability of which was announced 
in the Federal Register on August 8, 1995, (60 FR 40340).

Classification

    Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish 
regulations proposed by a council within 15 days of receipt of an FMP 
and implementing regulations. At this time NMFS has not determined that 
the FMP is consistent with the national standards, other provisions of 
the Magnuson Act, and other applicable laws, except for those parts of 
the FMP specifically disapproved, as discussed above. NMFS, in making 
that determination with respect to the remaining parts of the FMP, will 
take into account the data, views, and comments received during the 
comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared a final environmental impact statement (FEIS) 
for the FMP that will be filed with the Environmental Protection Agency 
for public review and comment. A notice of its availability for public 
comment for 30 days will be published in the Federal Register. 
According to the FEIS, the proposed actions would benefit the natural 
environment by prohibiting activities that damage live bottom habitat 
areas.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The proposed rule would restrict the taking of coral 
reef resources in or from the EEZ of the U.S. Caribbean. There are 
about 16 small businesses in the U.S. Caribbean which are potentially 
involved in the collection, sale and export of coral reef resources. 
These firms employ less than 100 workers in all phases of the business 
(harvesters, packers, shippers). In addition, to firms involved in the 
commercial aspects of harvest, there are an estimated 65 businesses 
which provide recreational diving services. Since the FMP can affect 
collecting for personal use, there is the chance that these businesses 
could be marginally affected by the rule. However, of the total of 
about 81 businesses identified, less than 20 percent are expected to be 
affected by the proposed rule because the volume of current harvest is 
quite low.
    Since neither the substantial number nor significant impact 
criteria are expected to be met, a determination has been made that the 
proposed rule will not result in a significant impact on a substantial 
number of small entities. As a result, a regulatory flexibility 
analysis was not prepared.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act--namely, documentation of origin of 
prohibited species that are for sale in Puerto Rico or the U.S. Virgin 
Islands. This requirement has been submitted to OMB for approval. The 
public reporting burden for this collection of information is estimated 
to average 15 minutes per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this reporting 
burden estimate or any other aspect of the collection of information, 
including suggestions for reducing the burden, to NMFS and OMB (see 
ADDRESSES).

List of Subjects in 50 CFR Part 670

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: September 1, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR is proposed to be 
amended by adding part 670 as follows:

PART 670--CORAL REEF RESOURCES OF PUERTO RICO AND THE U.S. VIRGIN 
ISLANDS

Subpart A--General Provisions

Sec.
670.1  Purpose and scope.
670.2  Definitions.
670.3  Relation to other laws.
670.4  Permits. [Reserved]
670.5  Recordkeeping and reporting.
670.6  Vessel identification.
670.7  Prohibitions.
670.8  Facilitation of enforcement.
670.9  Penalties.

Subpart B--Management Measures

670.20  Fishing year.
670.21  Harvest limitations.
670.22  Gear restrictions.
670.23  Restrictions on sale or purchase.
670.24  Specifically authorized activities.


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

Subpart A--General Provisions


Sec. 670.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for Corals and Reef Associated Plants and Invertebrates of Puerto 
Rico and the U.S. Virgin Islands prepared by the Caribbean Fishery 
Management Council under the Magnuson Act.
    (b) This part governs conservation and management of coral reef 
resources in or from the EEZ around Puerto Rico and the U.S. Virgin 
Islands. ``EEZ'' in this part refers to the EEZ in those geographical 
areas, unless the context clearly indicates otherwise.

[[Page 46809]]



Sec. 670.2  Definitions.

    In addition to the definitions in the Magnuson Act and in 
Sec. 620.2 of this chapter, the terms used in this part have the 
following meanings:
    Coral reef resource means one or more of the following, or a part 
thereof, whether living or dead:

Sponges--Class Demospongiae

    Aphimedon compressa, Erect rope sponge
    Chondrilla nucula, Chicken liver sponge
    Cynachirella alloclada
    Geodia neptuni, Potato sponge
    Haliclona sp., Finger sponge
    Myriastra sp.
    Niphates digitalis, Pink vase sponge
    N. erecta, Lavender rope sponge
    Spinosella policifera
    S. vaginalis
    Tethya crypta

Hydrocorals--Class Hydrozoa

    Hydroids--Order Hydroida
    Fire Corals--Order Milleporina
    Millepora sp.
    Lace Corals--Order Stylasterina
    Stylaster roseus, Rose lace corals

Anthozoans--Class Anthozoa

Soft corals--Order Alcyonacea
    Family Anthothelidae
    Erythropodium caribaeorum, Encrusting gorgonian
    Iciligorgia schrammi, Deepwater sea fan
    Family Briareidae
    Briareum asbestinum, Corky sea finger
    Family Telestacea
    Telesto riisei, Telesto
Gorgonians--Order Gorgonacea
    Family Gorgoniidae
    Gorgonia flabellum, Venus sea fan
    G. mariae, Wide-mesh sea fan
    G. ventalina, Common sea fan
    Pseudopterogorgia acerosa, Sea plume
    P. albatrossae
    P. americana, Slimy sea plume
    P. bipinnata, Bipinnate plume
    P. rigida
    Pterogorgia anceps, Angular sea whip
    P. citrina, Yellow sea whip
    Family Plexauridae
    Eunicea calyculata, Warty sea rod
    E. clavigera
    E. fusca, Doughnut sea rod
    E. knighti
    E. laciniata
    E. laxispica
    E. mammosa, Swollen-knob
    E. succinea, Shelf-knob sea rod
    E. touneforti
    Muricea atlantica
    M. elongata, Orange spiny rod
    M. laxa, Delicate spiny rod
    M. muricata, Spiny sea fan
    M. pinnata, Long spine sea fan
    Muriceopsis sp.
    M. flavida, Rough sea plume
    M. sulphurea
    Plexaura flexuosa, Bent sea rod
    P. homomalla, Black sea rod
    Pseudoplexaura crucis
    P. flagellosa
    P. porosa, Porous sea rod
    P. wagenaari
    Plexaurella dichotoma, Slit-pore sea rod
    P. fusifera
    P. grandiflora
    P. grisea
    P. nutans, Giant slit-pore
    Family Ellisellidae
    Ellisella spp., Sea whips
Hard Corals--Order Scleractinia
    Family Astrocoeniidae
    Stephanocoenia michelinii, Blushing star
    Family Pocilloporidae
    Madracis decactis, Ten-ray star coral
    M. mirabilis, Yellow pencil
    Family Acroporidae
    Acropora cervicornis, Staghorn coral
    A. palmata, Elkhorn coral
    A. prolifera, Fused staghorn
    Family Agaricidae
    Agaricia agaricities, Lettuce leaf coral
    A. fragilis, Fragile saucer
    A. lamarcki, Lamarck's sheet
    A. tenuifolia, Thin leaf lettuce
    Leptoseris cucullata, Sunray lettuce
    Family Siderastreidae
    Siderastrea radians, Lesser starlet
    S. siderea, Massive starlet
    Family Poritidae
    Porites astreoides, Mustard hill coral
    P. branneri, Blue crust coral
    P. divaricata, Small finger coral
    P. porites, Finger coral
    Family Faviidae
    Cladocora arbuscula, Tube coral
    Colpophyllia natans, Boulder coral
    Diploria clivosa, Knobby brain coral
    D. labyrinthiformis, Grooved brain
    D. strigosa, Symmetrical brain
    Favia fragum, Golfball coral
    Manicina areolata, Rose coral
    M. mayori, Tortugas rose coral
    Montastrea annularis, Boulder star coral
    M. cavernosa, Great star coral
    Solenastrea bournoni, Smooth star coral
    Family Rhizangiidae
    Astrangia solitaria, Dwarf cup coral
    Phyllangia americana, Hidden cup coral
    Family Meandrinidae
    Dendrogyra cylindrus, Pillar coral
    Dichocoenia stellaris, Pancake star
    D. stokesi, Elliptical star
    Meandrina meandrites, Maze coral
    Family Mussidae
    Isophyllastrea rigida, Rough star coral
    Isophyllia sinuosa, Sinuous cactus
    Mussa angulosa, Large flower coral
    Mycetophyllia aliciae, Thin fungus coral
    M. danae, Fat fungus coral
    M. ferox, Grooved fungus
    M. lamarckiana, Fungus coral
    Scolymia cubensis, Artichoke coral
    S. lacera, Solitary disk
    Family Caryophyllidae
    Eusmilia fastigiata, Flower coral
    Tubastrea aurea, Cup coral
    Family Oculinidae
    Oculina diffusa, Ivory bush coral
Black Corals--Order Antipatharia
    Antipathes spp., Bushy black coral
    Stichopathes spp., Wire coral
Anemones--Order Actiniaria
    Aiptasia tagetes, Pale anemone
    Bartholomea annulata, Corkscrew anemone
    Condylactis gigantea, Giant pink-tipped anemone
    Hereractis lucida, Knobby anemone
    Lebrunia spp., Staghorn anemone
    Stichodactyla helianthus, Sun anemone
    Colonial Anemones--Order Zoanthidea
    Zoanthus spp., Sea mat
    False Corals--Order Corallimorpharia
    Ricordia florida, Florida false coral
    Discosoma spp. (formerly Rhodactis), false coral

Polychaetes--Class Polychaeta

    Family Sabellidae, Feather duster worms
    Sabellastarte spp., Tube worms
    S. magnifica, Magnificent duster
    Family Serpulidae
    Spirobranchus giganteus, Christmas tree worm

Gastropods--Class Gastropoda

    Family Strombidae, Winged conchs
    Strombus spp. (except Queen conch, S. gigas)
    Family Ovulidae
    Cyphoma gibbosum, Flamingo tongue
    Charonia tritonis, Atlantic triton trumpet
    Family Olividae
    Oliva reticularis, Netted olive
    Family Elysiidae
    Tridachia crispata, Lettuce sea slug

Bivalves--Class Bivalvia

    Family Limidae
    Lima spp., Fileclams
    L. scabra, Rough fileclam
    Family Spondylidae
    Spondylus americanus, Atlantic thorny oyster

[[Page 46810]]


Cephalopods--Class Cephalopoda

    Octopuses--Order Octopoda
    Family Octopodidae
    Octopus spp. (except the Common octopus, O. vulgaris)

Crustaceans--Class Crustacea

    Decapods--Order Decapoda
    Family Stenopodidae, Coral shrimp
    Stenopus hispidus, Banded shrimp
    S. scutellatus, Golden shrimp
    Family Hippolytidae
    Lysmata spp., Peppermint shrimp
    Thor amboinensis, Anemone shrimp
    Family Palaemonida
    Periclimenes spp., Cleaner shrimp
    Family Alpheidae
    Alpheaus armatus, Snapping shrimp
    Family Diogenidae
    Paguristes spp., Hermit crabs
    P. cadenati, Red reef hermit
    Family Majidae, Coral crabs
    Mithrax spp., Clinging crabs
    M. cinctimanus, Banded clinging
    M. sculptus,, Green clinging
    Stenorhynchus seticornis, Yellowline arrow
    Family Grapsidae
    Percnon gibbesi, Nimble spray crab
    Family Squillidae, Mantis crabs
    Gonodactylus spp.
    Lysiosquilla spp.

Bryozoans--Phylum Bryozoa

Starfish--Class Stelleroidea

    Analcidometra armata, Swimming crinoid
    Astropecten spp., Sand stars
    Astrophyton muricatum, Giant basket star
    Davidaster spp., Crinoids
    Linckia guildingii, Common comet star
    Nemaster spp., Crinoids
    Ophidiaster guildingii, Comet star
    Ophiocoma spp., Brittlestars
    Ophioderma spp., Brittlestars
    O. rubicundum, Ruby brittlestar
    Oreaster reticulatus, Cushion sea star

Sea Urchins--Class Echinoidea

    Diadema antillarum, Long-spined urchin
    Echinometra spp., Purple urchin
    Eucidaris tribuloides, Pencil urchin
    Lytechinus spp., Pin cushion urchin
    Tripneustes ventricosus, Sea egg

Sea Cucumbers--Class Holothuroidea

    Holothuria spp., Sea cucumbers

Tunicates--Subphylum Urochordata

Green Algae--Phylum Chlorophyta

    Caulerpa spp., Green grape algae
    Halimeda spp., Watercress algae
    Penicillus spp., Neptune's brush
    Udotea spp., Mermaid's fan
    Ventricaria ventricosa, Sea pearls

Red Algae--Phylum Rhodophyta

Sea grasses--Phylum Angiospermae

    Halodule wrightii, Shoal grass
    Halophila spp., Sea vines
    Ruppia maritima, Widgeon grass
    Syringodium filiforme, Manatee grass
    Thalassia testudium, Turtle grass
    Gorgonian means a coral reef resource of the Class Anthozoa, 
Subclass Octocorallia, Order Gorgonacea.
    Live rock means a coral reef resource attached to a hard substrate, 
including dead coral or rock (excluding individual mollusk shells).
    Prohibited species means a gorgonian, a live rock, or a stony 
coral, or a part thereof.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone: 813-
570-5301; or a designee.
    Science and Research Director means the Science and Research 
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach 
Drive, Miami, FL 33149, telephone 305-361-5761; or a designee.
    Scientific, educational, or restoration purpose means the objective 
of gaining knowledge for the benefit of science, humanity, or 
management of coral reef resources or restoring a disturbed habitat as 
closely as possible to its original condition.
    Stony coral means a coral reef resource--
    (1) Of the Class Hydrozoa (fire corals and hydrocorals); or
    (2) Of the Class Anthozoa, Subclass Hexacorallia, Orders 
Scleractinia (stony corals) and Antipatharia (black corals).


Sec. 670.3  Relation to other laws.

    The relation of this part to other laws is set forth in Sec. 620.3 
of this chapter.


Sec. 670.4  Permits. [Reserved]


Sec. 670.5  Recordkeeping and reporting.

    A person possessing a coral reef resource in or from the EEZ is 
required upon request to make such coral reef resource available for 
inspection by the Science and Research Director or an authorized 
officer.


Sec. 670.6  Vessel identification.

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


Sec. 670.7  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) Fail to make a coral reef resource in or from the EEZ available 
for inspection, as specified in Sec. 670.5.
    (b) Falsify or fail to display and maintain vessel identification, 
as required by Sec. 670.6.
    (c) Fish for or possess a prohibited species in or from the EEZ, as 
specified in Sec. 670.21.
    (d) Use an explosive to harvest a coral reef resource in the EEZ or 
possess dynamite or a similar explosive substance on board a vessel, as 
specified in Sec. 670.22(a).
    (e) Use a chemical, plant, or plant derived toxin to harvest a 
coral reef resource in the EEZ, as specified in Sec. 670.22(b).
    (f) Harvest a coral reef resource in the EEZ other than as 
specified in Sec. 670.22(c).
    (g) Purchase, barter, trade, or sell, or attempt to purchase, 
barter, trade, or sell a prohibited species harvested in the EEZ, as 
specified in Sec. 670.23(a).
    (h) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of a coral reef resource.
    (i) 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.


Sec. 670.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.


Sec. 670.9  Penalties.

    See Sec. 620.8 of this chapter.

Subpart B--Management Measures


Sec. 670.20  Fishing year.

    The fishing year for coral reef resources begins on January 1 and 
ends on December 31.

[[Page 46811]]



Sec. 670.21  Harvest limitations.

    No person may fish for or possess a prohibited species in or from 
the EEZ. The taking of a prohibited species in the EEZ as incidental 
catch will not be considered unlawful possession of a prohibited 
species provided it is returned immediately to the sea in the general 
area of fishing.


Sec. 670.22  Gear restrictions.

    (a) An explosive may not be used to harvest a coral reef resource 
in the EEZ. Dynamite or a similar explosive substance may not be 
possessed on board a vessel that possesses a coral reef resource in or 
from the EEZ.
    (b) No person may use a chemical, plant, or plant derived toxin to 
harvest a coral reef resource in the EEZ.
    (c) A coral reef resource in the EEZ may be harvested only with a 
hand-held dip net or slurp gun, or by hand in a manner that does not 
injure or destroy a coral reef resource or its habitat. For the 
purposes of Sec. 670.7(f) and this paragraph (c), a hand-held slurp gun 
is a device that rapidly draws seawater containing fish into a self-
contained chamber.


Sec. 670.23  Restrictions on sale or purchase.

    (a) No person may purchase, barter, trade, or sell, or attempt to 
purchase, barter, trade, or sell a prohibited species harvested in the 
EEZ.
    (b) A prohibited species that is sold or exchanged, or offered for 
sale or exchange, in Puerto Rico or the U.S. Virgin Islands will be 
presumed to have been harvested in the EEZ unless it is accompanied by 
documentation showing that it was harvested elsewhere. Such 
documentation must contain:
    (1) The information specified in 50 CFR part 246 for marking 
containers or packages of fish or wildlife that are imported, exported, 
or transported in interstate commerce;
    (2) The name and home port of the vessel, or the name and address 
of the individual, harvesting the prohibited species;
    (3) The port and date of landing the prohibited species; and
    (4) A statement signed by the person selling or exchanging, or 
offering for sale or exchange, the prohibited species attesting that, 
to the best of his or her knowledge, information, and belief, such 
prohibited species was harvested other than in the EEZ or the waters of 
Puerto Rico or the U.S. Virgin Islands.


Sec. 670.24  Specifically authorized activities.

    The Regional Director may authorize the harvest and possession of a 
prohibited species in or from the EEZ for a scientific, educational, or 
restoration purpose and may authorize activities otherwise prohibited 
by the regulations in this part for the acquisition of information and 
data.
[FR Doc. 95-22239 Filed 9-1-95; 5:01 pm]
BILLING CODE 3510-22-F