[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