[Federal Register Volume 60, Number 248 (Wednesday, December 27, 1995)]
[Rules and Regulations]
[Pages 66926-66928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31337]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 638
[Docket No. 950929242-5302-02; I.D. 091295A]
RIN 0648-AH74
Coral and Coral Reefs Off the Southern Atlantic States; Amendment
3
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 Amendment 3 to the
Fishery Management Plan for Coral and Coral Reefs off the Southern
Atlantic States (FMP). Amendment 3: Establishes an aquacultured live
rock permit system applicable to the exclusive economic zone off the
southern Atlantic states; prohibits chipping of aquacultured live rock;
prohibits octocoral harvest north of Cape Canaveral, FL; and prohibits
anchoring of fishing vessels in the Oculina Bank habitat area of
particular concern. In addition, NMFS amends the regulations to correct
and clarify certain regulations, or conform them to current standards.
The intended effect is to establish a management program for live rock
aquaculture and to protect fishery habitat.
EFFECTIVE DATE: January 26, 1996.
FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the South Atlantic
Fishery Management Council (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 3, the title of the FMP is changed to the
Fishery Management Plan for Coral, Coral Reefs, and Live/Hard Bottom
Habitats of the South Atlantic Region. This title change reflects the
Council's intent to manage and protect essential live/hard bottom
habitats as well as coral resources.
Detailed descriptions and rationale for the measures in Amendment 3
and for additional changes proposed by NMFS were included in the
preamble to the proposed rule (60 FR 53730, October 17, 1995) and are
not repeated here.
Comments and Responses
During the public comment period ending November 27, 1995, comments
were received from the U.S. Fish and Wildlife Service (USFWS) and the
Center for Marine Conservation (CMC). USFWS and CMC commended the
Council for its record on coral reef protection and its recognition of
the importance of live rock to the marine ecosystem. USFWS supported
the coral conservation and habitat protection measures of Amendment 3.
Comment: CMC fully supports Amendment 3, because it is expected to
minimize enforcement problems, protect important live bottom
communities, and minimize further damage to the Oculina Bank area. CMC
also urges NMFS not to delay implementation of the aquaculture permit
system.
Response: Since a very similar permit system is already in place
for live rock aquaculture in the Gulf of Mexico, NMFS expects no delays
in implementing the aquaculture permit provisions of Amendment 3,
including the special provisions for proposed sites off the southern
Atlantic states.
Changes From the Proposed Rule
In Sec. 638.2, the note added to the definition of ``Allowable
octocoral'' to clarify the distinction between allowable octocoral and
live rock is removed. Since publication of the proposed rule, a
clarifying note was added to 50 CFR part 638 via the final rule
implementing Amendment 3 to the Fishery Management Plan for Coral and
Coral Reefs of the Gulf of Mexico (60 FR 56533, November 9, 1995);
therefore, the note is unnecessary.
Approval of Amendment 3
On December 15, 1995, the Director, Southeast Region, NMFS
(Regional Director), approved Amendment 3.
[[Page 66927]]
Classification
The Regional Director determined that Amendment 3 is necessary for
the conservation and management of the coral and coral reef resources
and live/hard bottom habitats off the southern Atlantic states 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 Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration when the proposed rule was published
that it would not have a significant economic impact on a substantial
number of small entities. The reasons for this certification were
published in the preamble to the proposed rule (60 FR 53731, October
17, 1995) and are not repeated here. As a result, a regulatory
flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 638
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 20, 1995.
Nancy Foster,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 638 is amended
as follows:
PART 638--CORAL AND CORAL REEFS OF THE GULF OF MEXICO AND OFF THE
SOUTHERN ATLANTIC STATES
1. The authority citation for part 638 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. The title of part 638 is revised to read as set forth above.
Sec. 638.1 [Amended]
3. In Sec. 638.1, in paragraph (a), the phrase ``Fishery Management
Plan for Coral and Coral Reefs off the Southern Atlantic States'' is
removed and ``Fishery Management Plan for Coral, Coral Reefs, and Live/
Hard Bottom Habitats of the South Atlantic Region'' is added in its
place.
4. In Sec. 638.4, the last sentence in paragraph (a)(1)(v) is
revised to read as follows:
Sec. 638.4 Permits and fees.
(a) * * *
(1) * * *
(v) * * * A person who has been issued an aquacultured live rock
permit is exempt from the requirement to obtain a permit for prohibited
coral that is attached to aquacultured live rock.
* * * * *
5. In Sec. 638.7, in paragraph (k), the reference to ``(c)'' is
removed and ``(c)(1)'' is added in its place; in paragraph (q), the
reference to ``Sec. 635.26(c)'' is removed and ``Sec. 638.26(c)'' is
added in its place; and paragraphs (x), (y), and (z) are added to read
as follows:
Sec. 638.7 Prohibitions.
* * * * *
(x) Harvest allowable octocoral in the EEZ off the southern
Atlantic states, north of Cape Canaveral, FL (28 deg.35.1' N. lat.--due
east of the NASA Vehicle Assembly Building) or possess allowable
octocoral in or from that area, as specified in Sec. 638.21(b).
(y) Anchor a fishing vessel, or use an anchor and chain or grapple
and chain on board a fishing vessel, in the Oculina Bank HAPC, as
specified in Sec. 638.23(c)(2).
(z) Harvest aquacultured live rock by chipping in the EEZ off the
southern Atlantic states; possess chipped aquacultured live rock in or
from that area; remove allowable octocoral or prohibited coral from
aquacultured live rock; or, while in possession of aquacultured live
rock, possess prohibited coral not attached to aquacultured live rock
or allowable octocoral, as specified in Sec. 638.27(c).
6. Section 638.21 is revised to read as follows:
Sec. 638.21 Harvest limitations.
(a) Incidental harvest. Except as authorized by a Federal permit or
a Florida permit as specified in 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.
(b) Allowable octocoral harvest. Harvest of allowable octocoral in
the EEZ off the southern Atlantic states, north of Cape Canaveral, FL
(28 deg.35.1' N. lat.--due east of the NASA Vehicle Assembly Building)
or possession of allowable octocoral in or from that area is
prohibited. See the note included in the definition of ``Allowable
octocoral'' for clarification of the distinction between allowable
octocoral and live rock.
7. In Sec. 638.23, in paragraphs (a)(1) and (b)(1), the references
to ``Sec. 634.4'' are removed and ``Sec. 638.4'' is added in both
places; and paragraph (c) is revised to read as follows:
Sec. 638.23 Habitat areas of particular concern.
* * * * *
(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. The following restrictions apply in the HAPC:
(1) 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.
(2) Anchoring of fishing vessels, or using an anchor and chain or
grapple and chain on board a fishing vessel, is prohibited.
8. In Sec. 638.27, in the first sentence of paragraph (a), the
phrase ``from the Gulf of Mexico EEZ'' is removed; paragraph (b)(2) is
revised; and two sentences are added at the end of paragraph (c) to
read as follows:
Sec. 638.27 Aquacultured live rock.
* * * * *
(b)* * *
(2) Material deposited on the aquaculture site--
(i) May not be placed over naturally occurring reef outcrops,
limestone ledges, coral reefs, or vegetated areas;
(ii) Must be free of contaminants;
(iii) Must be nontoxic;
(iv) Must be placed on the site by hand or lowered completely to
the bottom under restraint, that is, not allowed to fall freely;
(v) Must be placed from a vessel that is anchored;
(vi) In the Gulf of Mexico EEZ, must be distinguishable,
geologically or otherwise (for example, be indelibly marked or tagged),
from the naturally occurring substrate; and
(vii) In the EEZ off the southern Atlantic states must be
geologically distinguishable from the naturally occurring substrate
and, in addition, may be indelibly marked or tagged.
* * * * *
(c) * * * In addition, the following activities are prohibited off
the southern Atlantic states: Chipping of aquacultured live rock in the
EEZ; possession of chipped aquacultured live
[[Page 66928]]
rock in or from the EEZ; removal of allowable octocoral or prohibited
coral from aquacultured live rock in or from the EEZ; and possession of
prohibited coral not attached to aquacultured live rock or allowable
octocoral, while aquacultured live rock is in possession. See the note
included in the definition of ``Allowable octocoral'' for clarification
of the distinction between allowable octocoral and live rock.
* * * * *
[FR Doc. 95-31337 Filed 12-26-95; 8:45 am]
BILLING CODE 3510-22-F