[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58221-58225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28882]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 670
[Docket No. 950825218-5263-02; I.D. 073195A]
RIN 0648-AE47
Coral Reef Resources of Puerto Rico and the U.S. Virgin Islands;
Initial Regulations; OMB Control Numbers
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement the approved measures
of the Fishery Management Plan for Corals and Reef Associated Plants
and Invertebrates of Puerto Rico and the U.S. Virgin Islands (FMP).
This rule restricts the taking of coral reef resources in or from the
exclusive economic zone (EEZ) around Puerto Rico and the U.S. Virgin
Islands. NMFS disapproved two measures of the FMP that would have
adopted 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. In addition, NMFS informs the public of the approval by the
Office of Management and Budget (OMB) of the collection-of-information
requirements contained in this rule and publishes the OMB control
numbers for these collections. The intended effect of this rule is to
protect important marine resources.
EFFECTIVE DATES: December 27, 1995, except for Sec. 670.23(b), which
becomes effective March 1, 1996.
ADDRESSES: Comments regarding the collection-of-information
requirements contained in this 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, OMB, Washington, DC 20503 (Attention: NOAA Desk
Officer).
FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.
[[Page 58222]]
SUPPLEMENTARY INFORMATION: The FMP was prepared by the Caribbean
Fishery Management Council (Council) under the authority of the
Magnuson Act.
The background and rationale for the measures in the FMP, and the
rationale for disapproval of two measures that would have adopted state
permit and reporting requirements, were included in the proposed rule
(60 FR 46806, September 8, 1995) and are not repeated here.
Comments and Responses
Comments were received from the U.S. Coast Guard (USCG), the U.S.
Fish and Wildlife Service (USFWS), and the Center for Marine
Conservation (CMC). The USCG noted that it was involved in the
development of the FMP and had no enforcement or safety concerns.
Comment: USFWS offered its ``strongest possible support for the
measures'' and recommended that the Commonwealth of Puerto Rico work
closely with the U.S. Department of Agriculture, Animal and Plant
Health Inspection Service, and the U.S. Customs Service, in its
enforcement and implementation of compatible permit and enforcement
programs.
Response: NMFS agrees with this comment.
Comment: USFWS notes that the FMP specifically addresses the
aquarium trade in live organisms but does not fully address the
collection of coral reef resources for the curio trade. USFWS points
out that some mollusks such as triton's trumpet (Charonia variegata)
and helmet shells (Cassis spp.) may become increasingly rare due to
commercial shell collecting.
Response: Although some coral reef resources are used in local
handicrafts, most organisms sold as curios and used in handicrafts in
Puerto Rico are imported, primarily from the Philippines. Commercial
shell collecting does not appear to be a problem, at least not in
Puerto Rico. However, the FMP's restrictions on taking of coral reef
resources apply equally to harvest and sale of live organisms and
harvest and sale of organisms taken for eventual use in the curio
trade.
Comment: USFWS recommended that specific information on scientific
and other permitting procedures be included as part of the FMP.
Response: NMFS agrees and has advised the Council to incorporate
this information through an amendment to the FMP once the states have
completed the development of their respective permit systems.
Comment: CMC supports the rule and further notes the importance of
live rock as fishery habitat. CMC believes that harvest of coral reef
resources can threaten local economies that may be dependent on healthy
reef systems for fishing and nonconsumptive uses.
Response: NMFS agrees with the CMC's comments.
Classification
The Regional Director, Southeast Region, NMFS, determined that the
FMP is necessary for the conservation and management of coral reef
resources of Puerto Rico and the U.S. Virgin Islands and that it is
consistent with the Magnuson Act and other applicable law, with the
exception of those measures that were previously disapproved. (See the
proposed rule (60 FR 46806, September, 8, 1995) for a discussion of the
disapproved measures.)
This action 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; a notice of availability for public comment was published
on August 8, 1995 (60 FR 40340. According to the FEIS, the restrictions
in the FMP 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 rule would not have a
significant economic impact on a substantial number of small entities.
The reasons were published in the proposed rule (60 FR 46806, September
8, 1995). As a result, a regulatory flexibility analysis was not
prepared.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB control number.
This rule contains two collection-of-information requirements
subject to the PRA. The first is the requirement for vessel
identification. The second is a documentation of origin of prohibited
species that are for sale in Puerto Rico or the U.S. Virgin Islands.
These collections have been approved by OMB under OMB control numbers
0648-0306 and 0303. The public reporting burdens for these collections
of information are estimated to average 15 minutes and 45 minutes per
response, respectively. This includes 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
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 670
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: November 20, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 15 CFR chapter IX and 50
CFR chapter VI are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b) the table is amended by adding in
the left column under 50 CFR, in numerical order,''670.6'' and
``670.23'', and in the right column, in corresponding positions, the
control numbers ``- 0306.'' and ``-0303.''
50 CFR Chapter VI
3. Part 670 is added to read 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.
[[Page 58223]]
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.
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 Athecatae
Family Milleporidae
Millepora spp., Fire corals
Family Stylasteridae
Stylaster roseus, Rose lace corals
Anthozoans--Class Anthozoa
Soft corals--Order Alcyonacea
Family Anthothelidae
Erythropodium caribaeorum, Encrusting gorgonian
Iciligorgia schrammi, Deepwater sea fan
Family Briaridae
Briareum asbestinum, Corky sea finger
Family Clavulariidae
Carijoa riisei
Telesto spp.
Gorgonians--Order Gorgonacea
Family Ellisellidae
Ellisella spp., Sea whips
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
Plexaurella dichotoma, Slit-pore sea rod
P. fusifera
P. grandiflora
P. grisea
P. nutans, Giant slit-pore
Pseudoplexaura crucis
P. flagellosa
P. porosa, Porous sea rod
P. wagenaari
Hard Corals--Order Scleractinia
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 Astrocoeniidae
Stephanocoenia michelinii, Blushing star
Family Caryophyllidae
Eusmilia fastigiata, Flower coral
Tubastrea aurea, Cup 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 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 Oculinidae
Oculina diffusa, Ivory bush coral
Family Pocilloporidae
Madracis decactis, Ten-ray star coral
M. mirabilis, Yellow pencil
Family Poritidae
Porites astreoides, Mustard hill coral
P. branneri, Blue crust coral
P. divaricata, Small finger coral
P. porites, Finger coral
Family Rhizangiidae
Astrangia solitaria, Dwarf cup coral
Phyllangia americana, Hidden cup coral
Family Siderastreidae
Siderastrea radians, Lesser starlet
S. siderea, Massive starlet
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
Discosoma spp. (formerly Rhodactis), False coral
Ricordia florida, Florida 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 Elysiidae
[[Page 58224]]
Tridachia crispata, Lettuce sea slug
Family Olividae
Oliva reticularis, Netted olive
Family Ovulidae
Charonia tritonis, Atlantic triton trumpet
Cyphoma gibbosum, Flamingo tongue
Family Strombidae, Winged conchs
Strombus spp. (except Queen conch, S. gigas)
Bivalves--Class Bivalvia
Family Limidae
Lima spp., Fileclams
L. scabra, Rough fileclam
Family Spondylidae
Spondylus americanus, Atlantic thorny oyster
Cephalopods--Class Cephalopoda
Octopuses--Order Octopoda
Family Octopodidae
Octopus spp. (except the Common octopus, O. vulgaris)
Crustaceans--Class Crustacea
Decapods--Order Decapoda
Family Alpheidae
Alpheaus armatus, Snapping shrimp
Family Diogenidae
Paguristes spp., Hermit crabs
P. cadenati, Red reef hermit
Family Grapsidae
Percnon gibbesi, Nimble spray crab
Family Hippolytidae
Lysmata spp., Peppermint shrimp
Thor amboinensis, Anemone shrimp
Family Majidae, Coral crabs
Mithrax spp., Clinging crabs
M. cinctimanus, Banded clinging
M. sculptus,, Green clinging
Stenorhynchus seticornis, Yellowline arrow
Family Majidae, Coral crabs
Mithrax spp., Clinging crabs
M. cinctimanus, Banded clinging
M. sculptus,, Green clinging
Stenorhynchus seticornis, Yellowline arrow
Family Palaemonida
Periclimenes spp., Cleaner shrimp
Family Squillidae, Mantis crabs
Gonodactylus spp.
Lysiosquilla spp.
Family Stenopodidae, Coral shrimp
Stenopus hispidus, Banded shrimp
S. scutellatus, Golden shrimp
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
[[Page 58225]]
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. 620.9 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.
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) Effective March 1, 1996, 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. 95-28882 Filed 11-24-95; 8:45 am]
BILLING CODE 3510-22-F