[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Pages 16076-16085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9059]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 646 and 686

[Docket No. 950316075-6098-02; I.D. 022696A]
RIN 0648-AH86


Golden Crab Fishery Off the Southern Atlantic States; Initial 
Regulations; Snapper-Grouper Fishery Off the Southern Atlantic States; 
Revision of Definition

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 all but one 
measure of the Fishery Management Plan for the Golden Crab Fishery of 
the South Atlantic Region (FMP) and to revise a complementary 
definition in the regulations implementing the Fishery Management Plan 
for the Snapper-Grouper Fishery of the South Atlantic Region. Based on 
a preliminary evaluation of the FMP, NMFS disapproved a measure that 
would require 100 percent of vessel owners/operators to maintain and 
submit vessel logbooks. This rule proposes restrictions on the harvest 
or possession of golden crab in or from the exclusive economic zone 
(EEZ) off the southern Atlantic states and proposes controlled access 
to the fishery. The intended effect of the FMP and this rule is to 
conserve and manage the golden crab fishery.

DATES: Written comments must be received by May 28, 1996.

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 (RIR), social impact assessment, and an environmental 
assessment, should be sent to the South Atlantic Fishery Management 
Council, One Southpark Circle, Suite 306, Charleston, SC 29407-

[[Page 16077]]
4699, telephone 803-571-4366, FAX 803-769-4520.
    Comments regarding the collection-of-information requirements 
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: Peter J. Eldridge, 813-570-5305.

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

Background

    The FMP and proposed rule address conservation and management of 
golden crab in or from the EEZ along the U.S. Atlantic coast from the 
east coast of Florida, including the Atlantic side of the Florida Keys, 
to the North Carolina/Virginia boundary. The FMP was developed to 
protect the biological integrity of the golden crab resource and to 
maintain economic and social benefits from the fishery by establishing 
a controlled access program. Because the distribution of golden crabs 
off the southern Atlantic states is believed to be restricted to the 
EEZ and the historical fishery in that area has been conducted 
exclusively in the EEZ, it is a rebuttable presumption of the proposed 
rule that all golden crab possessed were harvested from the EEZ.
    The Council and NMFS are concerned about potential overfishing of 
the golden crab resource and overcapitalization of the fishery. Golden 
crabs are relatively long-lived and have slow growth rates, making them 
more vulnerable to overfishing. Currently the golden crab fishery is 
unregulated. Restrictions in other fisheries, notably net and fish trap 
bans in Florida and harvest restrictions in the New England groundfish 
and Alaskan crab fisheries, have contributed to increased interest and 
participation in the golden crab fishery in recent years. The Council 
believes that further increases in the number of vessels participating 
in the fishery will result in harvest capacity that greatly exceeds the 
maximum sustainable yield (MSY). Additional vessels entering the 
fishery would also contribute to overcapitalization and other social 
and economic problems commonly associated with open access.
    This rule would: (1) Establish a controlled access program that 
includes initial eligibility criteria for vessel permits, restricted 
fishing zones, and procedures for appeals, transfers, and renewal of 
permits; (2) specify authorized gear for the fishery; (3) establish 
gear identification requirements; (4) specify maximum allowable trap 
sizes; (5) require escape gaps and a degradable panel on each trap; (6) 
establish minimum depth limits for use of traps; (7) prohibit tending 
of traps by unauthorized individuals; (8) modify the definition of the 
term ``crustacean trap'' in the regulations governing the South 
Atlantic snapper-grouper fishery (50 CFR part 646) to accommodate use 
of traps in the golden crab fishery; (9) prohibit the sale of female 
golden crabs and limit retention of female crabs to no more than 0.5 
percent, by number, of all golden crabs on board the vessel; (10) 
require that golden crabs be landed whole; (11) limit sale of golden 
crabs by permitted vessels to permitted golden crab dealers; (12) 
require that permitted golden crab dealers purchase golden crabs caught 
in the EEZ only from permitted vessels; (13) prohibit possession of 
snapper-grouper species in whole, gutted, or filleted form on board a 
vessel fishing for or possessing golden crabs; (14) establish permit 
and reporting requirements for fishermen and dealers; (15) require 
mandatory observer coverage if a vessel is selected; and (16) establish 
a framework regulatory adjustment procedure (framework procedure) to 
allow timely implementation of changes in the FMP's management 
measures.
    Additionally, the FMP would have required that 100 percent of the 
owners or operators of permitted vessels maintain and submit vessel 
logbook information. Based on a preliminary evaluation of the FMP, the 
Director, Southeast Region, NMFS, (Regional Director) disapproved this 
measure. The Regional Director concluded that the methods of obtaining 
the necessary management data, and the appropriate sampling system for 
such data, are operational determinations properly made by NMFS. 
Accordingly, the Regional Director determined that the level of vessel 
coverage or sampling is not a matter of sufficient scope and substance 
warranting review under section 304(a)(1)(A) of the Magnuson Act. NMFS 
agrees with the Council that there is current ample justification for 
requiring all permitted vessels to maintain and submit vessel logbooks. 
Therefore, NMFS intends to select all permitted vessels to submit 
logbooks, for as long as that level of coverage is deemed necessary. If 
NMFS subsequently determines that 10009percent logbook reporting is not 
required, the level of coverage can be reduced to the appropriate level 
without amending the FMP.

Permit Requirements

    Permits would be required for vessels and dealers involved in the 
golden crab fishery in the EEZ to ensure that the universe of 
participants in the fishery is defined accurately and to facilitate 
essential data collection. For a person aboard a fishing vessel to fish 
for golden crab in the EEZ, possess golden crab in or from the EEZ, 
off-load golden crab from the EEZ, or sell golden crab in or from the 
EEZ, a vessel permit for golden crab would have to be issued for the 
vessel and would be required to be on board. An application for a 
vessel permit, except for permit renewal or transfer, would be required 
to be submitted to the Regional Director postmarked no later than 30 
days after the date the final rule implementing the FMP is published in 
the Federal Register. No additional applications for initial vessel 
permits would be accepted after that date. See the discussion of the 
controlled access program below regarding additional restrictions 
related to vessel permits.
    A dealer who receives from a fishing vessel golden crab harvested 
from the EEZ would be required to obtain a dealer permit for golden 
crab. To be eligible for a dealer permit, an applicant would be 
required to have a valid state wholesaler's license in the state where 
he or she operates and have a physical facility for the receipt of fish 
at a fixed location in that state. A dealer application would be 
required to be submitted to the Regional Director at least 30 days 
prior to the desired effective date of the permit. Dealer permits for 
golden crab would not be transferable or assignable.
    Applications for vessel and dealer permits would be subject to a 
fee to cover administrative costs of issuing the permits.
    Controlled Access Program
    The Council and many participants in the golden crab fishery are 
concerned about the adverse impacts that could result from allowing 
continued open access to the fishery, e.g., overfishing, 
overcapitalization, intensified competition for available harvest 
levels, and gear and user conflict. To address these concerns, the FMP 
would establish a controlled access program that includes provisions 
for vessel permit eligibility, an appeals process, restricted fishing 
zones, and transfer and renewal of annual vessel permits.

[[Page 16078]]

    Under the controlled access program, a vessel permit would be 
issued to the vessel owner for the vessel only if the owner meets the 
required documentation requirements substantiating landings of golden 
crab harvested from the EEZ off the southern Atlantic states (North 
Carolina, South Carolina, Georgia, and the Florida east coast) in 
quantities of at least 600 lb (272 kg) by April 7, 1995, or at least 
2,500 lb (1,134 kg) by September 1, 1995. Acceptable documentation of 
the required landings would include landings documented by the trip 
ticket systems of Florida or South Carolina and trip receipts or dealer 
records for landings off other southern Atlantic states or for landings 
that occurred prior to establishment of the trip ticket systems in 
Florida and South Carolina, as specified in 50 CFR 686.4(a)(3). 
Landings history would be attributed to the owner of the vessel at the 
time the landings occurred unless a written agreement expressly 
transfered the vessel's landings history to a new owner (i.e., the 
landings history does not automatically transfer with a change in 
vessel ownership). Initial vessel permits would be issued to current 
vessel owners.
    Appeals of the Regional Director's decision regarding initial 
permit eligibility would be addressed by an ad hoc appeals committee 
appointed by the Council and consisting only of Council members. The 
appeals committee would be empowered only to determine whether the 
permit eligibility criteria were applied correctly to the applicant's 
application; hardship appeals would not be considered. An applicant 
whose initial application was denied would have to submit a written 
appeal within 30 days of the Regional Director's initial decision and 
would have to provide written documentation explaining the basis for 
the appeal. An appellant would also be allowed to testify before the 
appeals committee. The appeals committee would meet only once to 
consider all appeals. Each member of the appeals committee would 
provide individual recommendations for each appeal to the Regional 
Director. The Regional Director's written decision would constitute the 
final administrative action by NMFS on an appeal.
    As part of the controlled access program, the FMP would establish 
three designated fishing zones that are intended to help stabilize and 
optimize the distribution of fishing effort throughout the range of the 
fishery. The three zones are: (1) The Northern zone--that area of the 
EEZ north of 28 deg. N. lat. to the North Carolina/Virginia boundary 
(36 deg.44'55'' N. lat.); (2) the Middle zone--that area of the EEZ 
from 28 deg. N. lat. to 25 deg. N. lat.; and (3) the Southern zone--
that area of the EEZ south of 25 deg. N. lat. to the boundary between 
the jurisdictions of the South Atlantic and Gulf of Mexico Fishery 
Management Councils (see 50 CFR 601.11(c)). An applicant for a vessel 
permit would be required to specify in which zone the vessel would 
fish, and the permit would be valid only for that zone. Other zones 
could be transited only if the vessel operator notifies NMFS Southeast 
Law Enforcement Division in advance and does not fish in an unpermitted 
area.
    Under the controlled access program, the transfer and renewal of 
vessel permits would be restricted. A vessel permit would only be 
transferable to a vessel that would fish for golden crab exclusively 
within the designated zone indicated on the permit or to a vessel that 
would fish exclusively in the northern zone. To obtain a vessel permit 
via transfer, the owner of the receiving vessel would have to acquire a 
permit or permits from a vessel or vessels with documented length 
overall, or aggregate lengths overall, of at least 90 percent of the 
documented overall length of the receiving vessel.
    A vessel permit would be renewable only if the Science and Research 
Director, Southeast Fisheries Center, NMFS, (Science and Research 
Director), had received the required vessel logbook reports documenting 
that at least 5,000 lb (2,268 kg) of golden crab landed from the EEZ 
off the southern Atlantic states had been attributed to the permitted 
vessel during at least one of the two 12-month periods prior to the 
expiration date of the current vessel permit.

Reporting Requirements

    Permitted vessels and dealers would be required to maintain and 
submit basic information essential for proper management of the 
fishery. Additional data may be collected by authorized statistical 
reporting agents or authorized officers.
    The owner or operator of a permitted vessel that is selected by the 
Science and Research Director would be required to maintain a daily 
logbook form for each fishing trip. Logbook forms would have to be 
submitted to the Science and Research Director postmarked not later 
than 30 days after sale of the golden crab off-loaded from a trip. If 
no fishing occurred during a month, a report so stating would have to 
be submitted in accordance with instructions on the form. A permitted 
vessel selected for observer coverage would be required to accommodate 
a NMFS-certified observer.
    A permitted dealer who is selected by the Science and Research 
Director would be required to provide information to the Science and 
Research Director on receipts of golden crab and prices paid at monthly 
intervals, or more frequently if requested, postmarked not later than 5 
days after the end of each month. The Council intends that, to the 
extent possible, the required information be provided through existing 
state/Federal cooperative agreements for data collection. The Science 
and Research Director would select a dealer to report only if the 
essential information were not otherwise available through the state/
Federal cooperative data collection system.

Gear Restrictions and Requirements

    A number of gear-related measures are proposed to address concerns 
about potential overfishing; incidental mortality of small crabs and 
female crabs; crab mortality due to lost traps; habitat damage; user 
conflict; and enforceability. Traps would be the only gear authorized 
for use in the directed golden crab fishery. Rope would be the only 
material allowed for use as a mainline or buoy line, except that wire 
cable would be allowed for 18 months after publication of the final 
rule implementing the FMP to accommodate evaluation of the impacts of 
that material. Traps and buoys (if used) would be required to be 
identified with a permanently affixed and legible permit number. 
Standard vessel identification requirements would be mandatory. A 
biodegradable escape panel and escape gaps would be required on each 
trap. Maximum trap volume would be 64 cubic feet (ft3) (1.81 cubic 
meters (m3)) in the northern zone and 48 ft3 (1.36 m3) 
in the middle and southern zones. The minimum depths for deployment and 
use of golden crab traps would be 900 ft (274.3 m) in the northern zone 
and 700 ft (213.4 m) in the middle and southern zones. Traps could be 
pulled or tended only by a person on board the vessel permitted for 
those traps or by a person on board a permitted vessel with written 
authorization to pull or tend the traps.

Harvest and Possession Restrictions

    To maximize the reproductive capacity of the stock and reduce the 
probability of overfishing, mortality of female crabs must be 
minimized. It is intended that there be no deliberate harvest of female 
crabs. However, a maximum retention of female crabs not to exceed 0.5 
percent, by number, of all

[[Page 16079]]
golden crabs on board the vessel would be allowed to accommodate 
unavoidable incidental harvest and retention of female golden crabs. 
Sale of female golden crabs would be prohibited.
    The proposed rule would require that golden crabs be landed whole 
(i.e., unprocessed). This constraint is necessary to provide effective 
enforcement of the restrictions on retention and sale of female golden 
crabs. It would be impossible to distinguish female crabs if on board 
processing were allowed. Landing whole crabs is consistent with current 
industry practice.
    Possession of any species of fish in the snapper-grouper fishery in 
whole, gutted, or filleted form would be prohibited on board a vessel 
fishing for or possessing golden crab in or from the EEZ or possessing 
golden crab traps. (See 50 CFR 646.2 for definition and listing of such 
fish.) Only the skeletal remains (racks) of such fish could be 
possessed for use as bait. This restriction is necessary to ensure that 
golden crab traps would not be used to harvest snapper-grouper species.

Restrictions on Sale

    Restrictions on sale of golden crab are proposed to ensure that the 
fishery is conducted only by properly permitted individuals and to 
assure that all landings are documented through the proposed data 
collection system. The proposed rule would require that golden crab 
harvested in the EEZ by a permitted vessel be sold, traded, or bartered 
only to a permitted dealer. Similarly, a permitted dealer would be 
allowed to purchase, barter, or trade golden crab harvested from the 
EEZ only from a permitted vessel. Golden crab do not occur in state 
waters.

Framework Procedure

    The FMP includes a framework procedure for establishing or 
modifying management measures, including in-season adjustments, 
pertinent to the golden crab fishery. The framework procedure is 
intended to provide a more flexible management system that would 
minimize regulatory delay and allow timely management response to new 
information about the fishery while retaining substantial Council and 
public involvement in management decisions.
    The following is an overview of how the framework procedure would 
operate. The Council would appoint an assessment panel (Panel) that 
would periodically assess the biological, economic, and social 
information relevant to the golden crab fishery and provide a report 
and recommendations to the Council. The Council could take action based 
on the Panel's report or based on other information or issues that 
arise from other sources, e.g., public comment. Information from 
sources other than a Panel report would be compiled and analyzed in a 
Council staff report.
    To evaluate a Panel or Council staff report, the Council would 
consult with the Golden Crab Advisory Panel and the Scientific and 
Statistical Committee and hold at least one public hearing to receive 
public input prior to deciding whether a management change would be 
necessary. If the Council concluded that a management change was 
needed, the Council would recommend the change, in writing, to the 
Regional Director. The Council's recommendations would be accompanied 
by the Panel or Council staff report, relevant background material, 
draft regulations, an RIR, a social impact statement, and public 
comments. This report would be submitted at least 60 days prior to the 
desired implementation date. The Regional Director would review the 
Council's recommendations, supporting rationale, public comments, and 
other relevant information. If the Regional Director concludes that the 
Council's recommendations are consistent with the goals and objectives 
of the FMP, the Magnuson Act's national standards, and other applicable 
law, the Regional Director would recommend that NMFS publish proposed 
and final rules in the Federal Register to implement any changes. The 
public comment period on the proposed rule would not be less than 15 
days. If the Regional Director rejected the recommendations, he or she 
would provide written reasons to the Council for the rejection, and 
existing regulations would remain in effect pending any subsequent 
action.
    The proposed rule would allow changes, in accordance with the 
framework procedures and limitations of the FMP, to the following 
management measures: MSY, acceptable biological catch, total allowable 
catch, quotas, trip limits, minimum sizes, gear restrictions, permit 
requirements, seasonal or area closures, time frame for recovery of 
golden crab if overfished, fishing year, observer requirements, and 
authority for the Regional Director to close the fishery when a quota 
is reached or is projected to be reached.

Magnuson Act Considerations

    Section 303 of the Magnuson Act provides that a council may 
establish a system for limiting access to the fishery in order to 
achieve optimum yield if, in developing such system, the council takes 
into account the following factors: (1) Present participation in the 
fishery; (2) historical fishing practices in, and dependence on the 
fishery; (3) the economics of the fishery; (4) the capability of 
fishing vessels used in the fishery to engage in other fisheries; (5) 
the cultural and social framework relevant to the fishery; and (6) any 
other relevant considerations.

Additional Information

    Additional background and rationale for all management measures in 
this rule are contained in the FMP, the availability of which was 
announced in the Federal Register on March 5, 1996, (61 FR 8564).

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 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 the provision of 
the FMP specifically disapproved, as discussed above. NMFS, in making 
that determination with respect to the remaining provisions of the FMP, 
will take into account the data, views, and comments received during 
the comment period.
    The proposed rule 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 that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The proposed rule would: (1) Affect a small number of 
small entities; (2) result in loss of sales and value to these entities 
of less than 5 percent of sales; (3) not increase production or 
compliance costs on small entities by more than 5 percent; (4) not 
require capital investment to comply with the rule; and (5) not require 
a small entity with significant economic dependence on the golden crab 
fishery to cease business. 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.

[[Page 16080]]

    This rule contains collection-of-information requirements subject 
to the PRA--namely, (1) initial vessel permit applications; (2) vessel 
permit renewals; (3) vessel permit appeals; (4) dealer permit 
applications; (5) vessel reports; (6) dealer reports; (7) notification 
requirements for purposes of accommodating observer coverage; and (8) 
vessel and gear identification. These requirements have been submitted 
to OMB for approval. The public reporting burdens for these collections 
of information are estimated to average 20, 15, 30, 15, 10, 15, 3, and 
395 minutes per response, respectively, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collections of information. Send comments regarding these reporting 
burden estimates or any other aspect of the collections of information, 
including suggestions for reducing the burdens, to NMFS and OMB (see 
ADDRESSES).

List of Subjects in 50 CFR Parts 646 and 686

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 5, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR chapter VI is 
proposed to be amended as follows:

50 CFR Chapter VI

PART 646--SNAPPER-GROUPER FISHERY OFF THE SOUTHERN ATLANTIC STATES

    1. The authority citation for part 646 continues to read as 
follows:

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

    2. In Sec. 646.2, the definition of ``Crustacean trap'' is revised 
to read as follows:


Sec. 646.2  Definitions.

* * * * *
    Crustacean trap means a type of trap historically used in the 
directed fishery for blue crab, stone crab, golden crab, red crab, 
jonah crab, or spiny lobster and that contains at any time not more 
than 25 percent, by number, of fish other than blue crab, stone crab, 
golden crab, red crab, jonah crab, and spiny lobster.
* * * * *
    3. Part 686 is added to read as follows:

PART 686--GOLDEN CRAB FISHERY OFF THE SOUTHERN ATLANTIC STATES

Subpart A--General Provisions

Sec.
686.1  Purpose and scope.
686.2  Definitions.
686.3  Relation to other laws.
686.4  Controlled access, permits, and fees.
686.5  Recordkeeping and reporting.
686.6  Vessel and gear identification.
686.7  Prohibitions.
686.8  Facilitation of enforcement.
686.9  Penalties.
686.10  At-sea observer coverage.

Subpart B--Management Measures

686.20  Fishing year.
686.21  Harvest and possession limitations.
686.22  Gear restrictions.
686.23  Restrictions on sale.
686.24  Adjustment of management measures.
686.25  Specifically authorized activities.

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

Subpart A--General Provisions
Sec. 686.1  Purpose and scope.
    (a) The purpose of this part is to implement the Fishery Management 
Plan for the Golden Crab Fishery of the South Atlantic Region (FMP) 
prepared by the South Atlantic Fishery Management Council under the 
Magnuson Act.
    (b) This part governs conservation and management of golden crab in 
or from the EEZ off the southern Atlantic states. ``EEZ'' in this part 
refers to the EEZ in that geographical area, unless the context clearly 
indicates otherwise.
Sec. 686.2  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:
    Authorized statistical reporting agent means:
    (1) Any person so designated by the Science and Research Director; 
or
    (2) Any person so designated by the head of any Federal or State 
agency which has entered into an agreement with the Assistant 
Administrator to collect fishery data.
    Golden crab means the species Chaceon fenneri.
    Golden crab trap means any trap used or possessed in association 
with a directed fishery for golden crab in or from the EEZ, including 
any trap that contains a golden crab in or from the EEZ or any trap on 
board a vessel that possesses golden crab in or from the EEZ.
    Off the southern Atlantic states means the waters off the east 
coast from 36 deg.34'55'' N. lat. (extension of the Virginia/North 
Carolina boundary) to the boundary between the Atlantic Ocean and the 
Gulf of Mexico, as specified in Sec. 601.11(c) of this chapter.
    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.
    Whole, when referring to golden crab, means a crab that is in its 
natural condition and that has not been gutted or separated into 
component pieces, e.g., clusters.
Sec. 686.3  Relation to other laws.
    The relation of this part to other laws is set forth in Sec. 620.3 
of this chapter.
Sec. 686.4  Controlled access, permits, and fees.
    (a) Vessel permits--controlled access. (1) Applicability. Vessel 
permits are subject to a controlled access program. For a person aboard 
a vessel to fish for golden crab in the EEZ, possess golden crab in or 
from the EEZ, off-load golden crab from the EEZ, or sell golden crab in 
or from the EEZ, a vessel permit for golden crab must be issued for the 
vessel and be on board. It is a rebuttable presumption that a golden 
crab on board or off-loaded from a vessel off the southern Atlantic 
states was harvested from the EEZ.
    (2) Initial Eligibility. The owner of a vessel is eligible to 
receive an initial vessel permit to fish for, possess, offload, or sell 
golden crab if the owner meets the documentation requirements described 
in paragraph (a)(3) of this section substantiating his or her landings 
of golden crab harvested from the EEZ off the southern Atlantic states 
in quantities of at least 600 lb (272 kg) by April 7, 1995, or at least 
2,500 lb (1,134 kg) by September 1, 1995. Only the owner of a vessel at 
the time landings occurred may use those landings to meet the 
eligibility requirements described in this paragraph (a)(2), except if 
that person transferred the right to use those landings to another 
person through a written agreement. If evidence of such agreement is 
provided to the Regional Director, the person who received the rights 
to the landings may use those landings to meet the eligibility 
requirements instead of the owner of the vessel at the time the 
landings occurred.
    (3) Documentation of eligibility. The documentation requirements 
described in this paragraph are the only acceptable

[[Page 16081]]

means for an owner to establish eligibility for an initial vessel 
permit. Failure to meet the documentation requirements, including 
submission of data as required, will result in failure to qualify for 
an initial vessel permit. Acceptable sources of documentation include: 
Landings documented by the trip ticket systems of Florida or South 
Carolina as described in paragraph (a)(3)(i) of this section and data 
substantiating landings that occurred prior to establishment of the 
respective trip ticket systems or landings that occurred in North 
Carolina or Georgia as described in paragraph (a)(3)(ii) of this 
section.
    (i) Trip ticket data. NMFS has access to records of golden crab 
landings reported under the trip ticket systems in Florida and South 
Carolina. No further documentation or submission of these records is 
required if the applicant was the owner of the harvesting vessel at the 
time of the landings documented by these records. Landings reported 
under these trip ticket systems and received by the respective states 
prior to December 31, 1995, are conclusive as to landings in the 
respective states during the period that landing reports were required 
or voluntarily submitted by a vessel. For such time periods, landings 
data from other sources will not be considered for landings in these 
states. An applicant will be given printouts of trip ticket records for 
landings made when the applicant owned the harvesting vessel. An 
applicant will have an opportunity to submit records they believe were 
omitted or to clarify allocation of landings.
    (ii) Additional landings data. (A) An owner of a vessel that does 
not meet the criteria for initial eligibility for a vessel permit based 
on landings documented by the trip ticket systems of Florida or South 
Carolina may submit documentation of required landings that either 
occurred prior to the implementation of the respective trip ticket 
systems or occurred in North Carolina or Georgia. Acceptable 
documentation of such landings consists of trip receipts or dealer 
records that definitively show the species known as golden crab, the 
vessel's name, official number, or other reference that clearly 
identifies the vessel, and dates and amounts of golden crab landings. 
In addition, a sworn affidavit may be submitted to document landings. A 
sworn affidavit is a notarized written statement wherein the individual 
signing the affidavit affirms under penalty of perjury that the 
information presented is accurate to the best of his or her knowledge, 
information, and belief.
    (B) Documentation by a combination of trip receipts and dealer 
records is acceptable, but duplicate records for the same landings will 
not result in additional credit.
    (C) Additional data submitted under paragraph (a)(3)(ii) of this 
section must be attached to a Golden Crab Landings Data form, which is 
available from the Regional Director, and must be postmarked not later 
than 30 days after the publication date of the final rule implementing 
the FMP.
    (iii) Verification. Documentation of golden crab landings and other 
information submitted under this section are subject to verification by 
comparison with state, Federal, and other records and information. 
Submission of false documentation or information may disqualify a 
person from initial participation under the golden crab controlled 
access program.
    (4) Application procedure. Permit application forms are available 
from the Regional Director. An application for an initial vessel permit 
that is postmarked or hand-delivered after the date 30 days after 
publication of the final rule implementing the FMP will not be 
accepted. Application for renewal of an existing vessel permit may be 
submitted up to 2 months prior to expiration. Application for transfer 
of an existing vessel permit may be submitted at any time.
    (i) An application for a vessel permit must be submitted and signed 
by the owner (in the case of a corporation, an officer or shareholder 
who meets the requirements of Sec. 686.4(a)(2); in the case of a 
partnership, a general partner who meets these requirements) or 
operator of the vessel. All permits are mailed to owners, whether the 
applicant is an owner or an operator.
    (ii) A permit applicant must provide the following information:
    (A) A copy of the vessel's valid U.S. Coast Guard certificate of 
documentation or, if not documented, a copy of its valid state 
registration certificate.
    (B) Vessel name and official number.
    (C) Name, address, telephone number, and other identifying 
information of the vessel owner and of the applicant, if other than the 
owner.
    (D) Documentation of initial eligibility as specified in paragraphs 
(a)(2) and (a)(3) of this section.
    (E) The designated fishing zone, as specified in paragraph (a)(8) 
of this section, in which the vessel will fish.
    (F) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas 
requested by the Regional Director.
    (G) Any other information that may be necessary for the issuance or 
administration of the permit, as requested by the Regional Director and 
included on the application form.
    (5) Issuance. (i) Under the controlled access program, there will 
be only one period for the issuance of vessel permits, except for 
renewals or transfers of existing permits. The Regional Director will 
issue an initial vessel permit to an applicant no later than 90 days 
after publication of the final rule implementing the FMP if the 
application is complete and the eligibility requirements specified in 
paragraph (a)(2) of this section are met.
    (ii) Upon receipt of an incomplete application, the Regional 
Director will notify the applicant of the deficiency. If the applicant 
fails to correct the deficiency within 30 days of the date of the 
Regional Director's notification, the application will be considered 
abandoned.
    (6) Appeals. (i) An appeal of the Regional Director's decision 
regarding initial permit eligibility will be addressed by an ad hoc 
appeals committee appointed by the South Atlantic Fishery Management 
Council.
    (ii) The appeals committee is empowered only to deliberate whether 
the eligibility criteria specified in paragraph (a)(2) of this section 
were applied correctly to the appellant's application. In making that 
determination, the appeals committee will consider only disputed 
calculations and determinations based on documentation provided as 
specified in paragraph (a)(3) of this section, including transfers of 
such landings records. The appeals committee is not empowered to 
consider whether a person should have been eligible for a vessel permit 
because of hardship or other factors.
    (iii) A written request for consideration of an appeal must be 
submitted within 30 days of an initial decision by the Regional 
Director denying permit issuance and must provide written documentation 
supporting the basis for the appeal. Such a request must contain the 
appellant's acknowledgment that the confidentiality provisions of the 
Magnuson Act at 16 U.S.C. 1853(d) and 50 CFR part 603 are waived with 
respect to any information supplied by the Regional Director to the 
Council and its advisory bodies for purposes of receiving the 
recommendations of the appeals committee members on the appeal. An 
appellant may also make a personal appearance before the appeals 
committee.

[[Page 16082]]

    (iv) The appeals committee will meet only once to consider appeals 
submitted within the time period specified in paragraph (a)(6)(iii) of 
this section. Members of the appeals committee will provide their 
individual recommendations for each appeal to the Regional Director. 
Members of the appeals committee will comment upon whether the 
eligibility criteria, specified in the FMP and in paragraph (a)(2) of 
this section, were correctly applied in each case, based solely on the 
available record, including documentation submitted by the appellant. 
The Regional Director will decide the appeal based on the the initial 
eligibility criteria in paragraph (a)(2) of this section and the 
available record, including documentation submitted by the appellant 
and the recommendations and comments from members of the appeals 
committee. The Regional Director will notify the appellant of his 
decision and the reason therefore, in writing, normally within 30 days 
of receiving the recommendations from the appeals committee members. 
The Regional Director's decision will constitute the final 
administrative action by NMFS on an appeal.
    (7) Display. A vessel permit issued pursuant to this section must 
be carried on board the vessel, and such vessel must be identified as 
provided for in Sec. 686.6. The operator of a vessel must present the 
permit for inspection upon request of an authorized officer.
    (8) Designated fishing zones. The EEZ is divided into three 
designated fishing zones. A vessel owner must indicate on the permit 
application which zone the vessel will fish. A vessel is restricted to 
fishing in the zone for which it is permitted. In the EEZ, golden crab 
may be possessed on board a vessel only in the zone for which the 
vessel is permitted, except that other zones may be transited if the 
vessel notifies NMFS Southeast Enforcement Division (telephone: 1-800-
286-1116) in advance and does not fish in an unpermitted zone. It is a 
rebuttable presumption that all golden crab on board a vessel were 
harvested from the EEZ. The designated fishing zones are defined as 
follows:
    (i) Northern zone--that portion of the EEZ north of 28 deg.N. lat. 
to the North Carolina/Virginia boundary (36 deg.34'55'' N. lat.).
    (ii) Middle zone--that portion of the EEZ from 25 deg.N. lat. to 
28 deg.N. lat.
    (iii) Southern zone--that portion of the EEZ south of 25 deg.N. 
lat. to the boundary between the Atlantic Ocean and the Gulf of Mexico, 
as specified in Sec. 601.11(c) of this chapter.
    (9) Transfer. (i) A vessel permit may be transferred but, when 
reissued by the Regional Director for the vessel, it will be designated 
at the owner's request to authorize fishing for golden crab in either 
the fishing zone indicated on the original permit or in the northern 
zone.
    (ii) An owner of a vessel with a valid golden crab permit may 
transfer the permit or for use with another vessel by returning the 
existing permit to the Regional Director along with an application for 
a permit for the replacement vessel.
    (iii) To obtain a permit via permit transfer, the owner of the 
replacement vessel must submit to the Regional Director a valid permit 
for a vessel with a documented length overall or permits for vessels 
with documented aggregate length overall of at least 90 percent of the 
documented length overall of the replacement vessel.
    (10) Renewal. (i) Vessel permits will be effective for 1 year. 
Application for permit renewal is required only every 2 years. In the 
interim years, a vessel permit will be renewed automatically (without 
application) if the renewal requirements under paragraph (a)(10)(ii) 
are met. A permitted vessel owner who does not meet the renewal 
requirements will be notified by the Regional Director approximately 2 
months prior to the expiration of the current vessel permit. The 
notification will specify the reasons the owner is not eligible for 
permit renewal and will provide an opportunity for the owner to correct 
the deficiencies. For years in which permit renewal application is 
required, the Regional Director will mail an application form to each 
permitted vessel owner approximately 2 months prior to expiration of 
the current permit. Any vessel owner who does not receive a renewal 
application must contact the Regional Director to obtain a renewal 
application.
    (ii) The vessel permit renewal requirements are:
    (A) All reports required under the Magnuson Act for the vessel have 
been submitted;
    (B) The Science and Research Director has received reports for the 
permitted vessel, as required by Sec. 686.5(a), documenting that at 
least 5,000 lb (2,268 kg) of golden crab landed from the EEZ off the 
southern Atlantic states has been attributed to the permitted vessel 
during at least one of the two 12-month periods immediately prior to 
the expiration date of the current vessel permit; and
    (C) The vessel permit has not been revoked, suspended, or denied 
under paragraph (e) of this section. (iii) An existing permit for a 
vessel meeting the minimum golden crab landing requirement specified in 
paragraph (a)(10)(ii) of this section may be renewed by following the 
procedure specified in paragraph (a)(4) of this section. However, 
documentation of the vessel's initial eligibility need not be 
resubmitted.
    (b) Dealer permits. (1) Applicability. A dealer who receives from a 
fishing vessel golden crab harvested from the EEZ must obtain a dealer 
permit for golden crab.
    (2) Eligibility. To be eligible for a dealer permit, an applicant 
must have a valid state wholesaler's license in the state where he or 
she operates, if such license is required in that state, and must have 
a physical facility at a fixed location in that state.
    (3) Application procedure. (i) Permit application forms are 
available from the Regional Director. An application for a dealer 
permit must be submitted and signed by the dealer or an officer of a 
corporation acting as a dealer. The application must be submitted to 
the Regional Director at least 30 days prior to the desired effective 
date of the permit.
    (ii) A permit applicant must provide the following information:
    (A) A copy of each state wholesaler's license held by the dealer.
    (B) Business name; mailing address, including zip code, of the 
principal office of the business; telephone number; employer 
identification number, if one has been assigned by the Internal Revenue 
Service; and date the business was formed.
    (C) The address of each physical facility at a fixed location where 
the business receives golden crab.
    (D) Applicant's name; official capacity in the business; address, 
including zip code; telephone number; and identifying information 
specified on the application form.
    (E) If the acquired dealership is currently permitted, the 
application must be accompanied by the permit and a copy of a signed 
bill of sale or equivalent acquisition papers.
    (F) Any other information requested by the Regional Director that 
may be necessary for the issuance or administration of the permit.
    (4) Issuance. (i) The Regional Director will issue a dealer permit 
if the application is complete and the specific requirements for the 
requested permit have been met. An application is complete when the 
Regional Director has received all required forms, information, and 
documentation.
    (ii) Upon receipt of an incomplete application, the Regional 
Director will notify the applicant of the deficiency. If the applicant 
fails to correct the

[[Page 16083]]
deficiency within 30 days of the date of the Regional Director's letter 
of notification, the application will be considered abandoned.
    (5) Display. A dealer permit issued pursuant to this section must 
be available on the dealer's premises. A dealer must present the permit 
for inspection upon request of an authorized officer.
    (6) Transfer. A dealer permit issued under this section is not 
transferable or assignable. A person who acquires a dealership who 
desires to conduct activities for which a permit is required must apply 
for a permit in accordance with the paragraph (b)(3) of this section.
    (7) Renewal. Dealer permits will be effective for 1 year. 
Application for permit renewal is required only every 2 years. In the 
interim years, permits will be renewed automatically (without 
application) if the dealer has submitted all reports required under the 
Magnuson Act, and the dealer's permit has not been revoked, suspended, 
or denied under paragraph (e) of this section. A permitted dealer who 
does not meet the renewal requirements will be notified by the Regional 
Director approximately 2 months prior to the expiration of the current 
dealer permit. The notification will specify the reasons the dealer is 
not eligible for permit renewal and will provide an opportunity for the 
dealer to correct the deficiencies. For years in which permit renewal 
application is required, the Regional Director will mail an application 
form to each permitted dealer approximately 2 months prior to 
expiration of the current permit. Any dealer who does not receive a 
renewal application must contact the Regional Director to obtain a 
renewal application.
    (c) Fees. A fee is charged for each permit application submitted 
pursuant to this section. The amount of the fee is calculated in 
accordance with the procedures of the NOAA Finance Handbook for 
determining the administrative costs of each special product or 
service. The fee may not exceed such costs and is specified with each 
application form. The appropriate fee must accompany each application.
    (d) Duration. A permit remains valid for the period for which it is 
issued unless revoked, suspended, or modified pursuant to subpart D of 
15 CFR part 904.
    (e) Sanctions and denials. A permit issued pursuant to this section 
may be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.
    (f) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (g) Replacement. The Regional Director may issue a replacement 
permit. An application for a replacement permit will not be considered 
a new application. A fee, the amount of which is stated with the 
application form, must accompany each request for a replacement permit.
    (h) Change in application information. The owner or operator of a 
vessel with a permit for golden crab or a dealer with a permit issued 
pursuant to this section must notify the Regional Director within 15 
days after any change in the application information required by 
paragraphs (a)(4) or (b)(2) of this section. The permit is void if any 
change in the information is not reported within 15 days.


Sec. 686.5  Recordkeeping and reporting.

    (a) Permitted vessels. The owner or operator of a vessel for which 
a permit for golden crab has been issued, as required by 
Sec. 686.4(a)(1), and that is selected by the Science and Research 
Director must maintain a daily logbook form for each fishing trip on a 
form available from the Science and Research Director. Among other 
things, information to be reported includes a record of fishing 
locations, time fished, fishing gear used, amount of golden crab 
caught, numbers of each species discarded, and such basic economic data 
as may be included on the form. Logbook forms must be submitted to the 
Science and Research Director, and must be delivered or postmarked not 
later than 30 days after sale of the golden crab off-loaded from a 
trip. If no fishing occurred during a month, a report so stating must 
be submitted in accordance with instructions provided with the forms.
    (b) Dealers. A dealer with a permit required by Sec. 686.4(b)(1) 
who is selected by the Science and Research Director must provide 
information on receipts of golden crab and prices paid, to the Science 
and Research Director at monthly intervals, postmarked not later than 5 
days after the end of each month. Such information must be submitted at 
more frequent intervals if requested by the Science and Research 
Director.
    (c) Additional data and inspection. Additional data will be 
collected by authorized statistical reporting agents, as designees of 
the Science and Research Director, and by authorized officers. An owner 
or operator of a fishing vessel and a dealer possessing golden crab in 
or from the EEZ are required upon request to make golden crab, or parts 
thereof, available for inspection by the Science and Research Director 
or an authorized officer.


Sec. 686.6  Vessel and gear identification.

    (a) Official number. The owner and operator of a vessel with a 
valid permit, as required under Sec. 686.4, must ensure that the 
vessel's official number is displayed--
    (1) On the port and starboard sides of the deckhouse or hull, and 
on a 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 with a valid 
vessel permit, as required under Sec. 686.4, must--
    (1) Keep the official number clearly legible and in good repair; 
and
    (2) Ensure that no part of the fishing vessel, its rigging, fishing 
gear, or any other material aboard obstructs the view of the official 
number from an enforcement vessel or aircraft.
    (c) Traps. Each golden crab trap used or possessed in the EEZ must 
have the vessel permit number permanently affixed. Trap tags with 
permit numbers are available from the Regional Director at cost, but 
they are not required. Any method of permanently affixing a legible 
permit number to a trap so as to be easily distinguished, located, and 
identified is acceptable.
    (d) Buoys. The use of buoys to identify golden crab traps is not 
required. However, if a buoy is used to identify a trap, the buoy must 
display the vessel permit number so as to be easily distinguished, 
located, and identified. The permit number must be affixed to the buoy 
in legible figures at least 2 inches (5.1 cm) in height.
    (e) Presumption of ownership. A golden crab trap in the EEZ will be 
presumed to be the property of the most recently documented owner. This 
presumption will not apply with respect to traps that are lost or sold 
if the owner reports the loss or sale within 15 days to the Regional 
Director.
    (f) Unmarked traps. An unmarked golden crab trap deployed in the 
EEZ is illegal. It may be considered abandoned and may be disposed of 
in any appropriate manner by the Regional Director. If an owner of an 
unmarked or improperly marked trap can be determined, such owner is 
subject to appropriate civil penalties.

[[Page 16084]]



Sec. 686.7  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) Fish for, possess, or sell golden crab in or from the EEZ 
without a valid vessel permit, as specified in Sec. 686.4(a)(1).
    (b) As a dealer, receive golden crab from the EEZ without a valid 
dealer permit, as specified in Sec. 686.4(b)(1).
    (c) Falsify information specified in Sec. 686.4(a)(4)(ii) or 
(b)(3)(ii) on an application for a permit.
    (d) Fail to display or present a permit, as specified in 
Sec. 686.4(a)(7) or (b)(5).
    (e) Fish for or possess golden crab in or from the EEZ in a 
designated fishing zone other than the zone for which the vessel is 
permitted, except as specified in Sec. 686.4(a)(8).
    (f) Falsify or fail to maintain, submit, or provide information 
required to be maintained, submitted, or provided, as specified in 
Sec. 686.5(a) through (c), or as may be required by Sec. 686.25.
    (g) Fail to make a golden crab in or from the EEZ, or parts 
thereof, available for inspection, as specified in Sec. 686.5(c).
    (h) Falsify or fail to display and maintain vessel and gear 
identification, as required by Sec. 686.6(a) through (d).
    (i) Fail to carry an observer on a trip when selected, as specified 
in Sec. 686.10(a).
    (j) Falsify or fail to provide requested information regarding a 
vessel's trip, as specified in Sec. 686.10(b).
    (k) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with a NMFS-approved observer aboard a vessel.
    (l) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from conducting his or 
her duties aboard a vessel.
    (m) Fail to provide an observer with the required food, 
accommodations, access, and assistance, as specified in Sec. 686.10(c).
    (n) Possess or land golden crab in or from the EEZ in other than 
whole condition, as specified in Sec. 686.21(a).
    (o) Possess on board a vessel or land female golden crabs in or 
from the EEZ in excess of the maximum amount specified in 
Sec. 686.21(b).
    (p) Possess any species of fish in the snapper-grouper fishery in 
whole, gutted, or filleted form on board a vessel fishing for or 
possessing golden crab in or from the EEZ, as specified in 
Sec. 686.21(c).
    (q) Engage in a directed fishery for golden crab in the EEZ with 
unauthorized gear or retain golden crab in or from the EEZ on board a 
vessel possessing or using unauthorized gear, as specified in 
Sec. 686.22(a).
    (r) Use or possess in the EEZ a golden crab trap in excess of the 
maximum size specified in Sec. 686.22(b).
    (s) Use or possess in the EEZ a golden crab trap not in conformance 
with the required escape mechanisms, as specified in Sec. 686.22(c).
    (t) Use a golden crab trap in the EEZ in depths less than the 
minimum depths specified in Sec. 686.22(d).
    (u) Pull or tend another person's golden crab trap, except as 
specified in Sec. 686.22(e).
    (v) Sell, trade, or barter or attempt to sell, trade, or barter 
golden crab harvested in the EEZ to a dealer who does not have a 
permit, as specified in Sec. 686.23(b).
    (w) Purchase, trade, or barter or attempt to purchase, trade, or 
barter golden crab harvested in the EEZ unless the harvesting vessel 
has a permit for golden crab, as specified in Sec. 686.23(c).
    (x) Sell, trade, or barter or attempt to sell, trade, or barter a 
female golden crab in or from the EEZ, as specified in Sec. 686.23(d).
    (y) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of golden crab.
    (z) 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. 686.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.


Sec. 686.9  Penalties.

    See Sec. 620.8 of this chapter.


Sec. 686.10  At-sea observer coverage.

    (a) If a vessel's trip is selected by the Science and Research 
Director for observer coverage, the owner or operator of such vessel 
must carry a NMFS-approved observer.
    (b) When notified in writing by the Science and Research Director 
that his or her vessel has been selected to carry an NMFS-approved 
observer, an owner or operator of a vessel for which a vessel permit 
has been issued under Sec. 686.4 must advise the Science and Research 
Director in writing not less than 5 days in advance of each trip of the 
following:
    (1) Departure information (port, dock, date, and time); and
    (2) Expected landing information (port, dock, and date).
    (c) An owner or operator of a vessel on which a NMFS-approved 
observer is embarked must--
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew;
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the 
transmission and receipt of messages related to the observer's duties;
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's 
position;
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any 
other space used to hold, process, weigh, or store golden crab; and
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of golden crab for that trip.

Subpart B--Management Measures


Sec. 686.20  Fishing year.

    The fishing year for golden crab begins on January 1 and ends on 
December 31.


Sec. 686.21  Harvest and possession limitations.

    (a) Carcass condition. A golden crab possessed in or from the EEZ 
must remain in whole condition through landing.
    (b) Female crabs. It is intended that no female golden crabs in or 
from the EEZ be retained on board a vessel and that any female golden 
crab in or from the EEZ be released in a manner that will ensure 
maximum probability of survival. However, to accommodate legitimate 
incidental catch and retention, a maximum incidental catch allowance is 
established. The number of female golden crabs in or from the EEZ 
retained on board a vessel may not exceed 0.5 percent, by number, of 
all golden crabs on board. See Sec. 686.23(d) regarding the prohibition 
of sale of female golden crabs.
    (c) Snapper-grouper species. No person aboard a vessel fishing for 
or possessing golden crab in or from the EEZ or possessing golden crab 
traps may possess any species of fish in the snapper-grouper fishery in 
whole, gutted, or filleted form. Only the head, fins, and backbone 
(collectively the ``rack'') of these species may be possessed for use 
as bait. See 50 CFR 646.2 for the definition of fish in the snapper-
grouper fishery.


Sec. 686.22  Gear restrictions.

    (a) Authorized gear. Traps are the only fishing gear authorized in 
the

[[Page 16085]]
directed golden crab fishery in the EEZ. Rope is the only material 
allowed to be used for mainlines and buoy lines, except that wire cable 
will be allowed for these purposes for 18 months after [publication of 
the final rule implementing the FMP]. Golden crab in or from the EEZ 
may not be retained on board a vessel possessing or using unauthorized 
gear.
    (b) Maximum trap size. The maximum volume of a trap deployed or 
possessed in the EEZ is 64 cubic feet (ft3) (1.81 cubic meters 
(m3)) in the northern zone and 48 ft3 (1.36 m3) in the 
middle and southern zones. See Sec. 686.4(a)(8) for a description of 
the respective zones.
    (c) Trap escape mechanisms. (1) Escape gaps. Each trap must have at 
least one escape gap or escape ring on each of two opposite vertical 
sides. The minimum inside dimensions of an escape gap are 2.75 by 3.75 
inches (6.99 by 9.53 cm); the minimum inside diameter of an escape ring 
is 4.5 inches (11.4 cm).
    (2) Biodegradable escape mechanism. In addition to the escape gaps 
required by paragraph (c)(1) of this section, each trap, except as 
noted in paragraph (c)(3) of this section, must have a biodegradable 
escape panel or door measuring at least 12 by 12 inches (30.5 by 30.5 
cm), located on at least one side, excluding top and bottom. The hinges 
and fasteners of each door or panel must be made of one of the 
following degradable materials:
    (i) Ungalvanized or uncoated iron wire no larger than 19-gauge or 
0.041-inch (0.10-cm) diameter;
    (ii) Untreated cotton string of 3/1609inch (0.4809cm) diameter or 
smaller.
    (3)  Traps constructed of webbing. The provisions of paragraph 
(c)(2) of this section notwithstanding, traps constructed of webbing 
must have an opening (slit) at least 1 foot (30.5 cm) in length that 
may be closed (relaced) only with cotton string of 3/1609inch 
(0.4809cm) diameter or smaller.
    (d) Depth limitations. In the northern zone, traps may not be 
deployed in waters of less than 900 ft (274 m) depth. In the middle and 
southern zones, traps may not be deployed in waters of less than 700 ft 
(213 m) depth. See Sec. 686.4(a)(8) for a description of the respective 
zones.
    (e) Tending traps. A golden crab trap may be pulled or tended only 
by a person (other than an authorized officer) aboard the vessel 
permitted to fish such trap, or aboard another vessel if such vessel 
has on board written consent of the vessel permit holder and possesses 
a valid golden crab vessel permit.


Sec. 686.23  Restrictions on sale.

    (a) No person may purchase, barter, trade, or sell, or attempt to 
purchase, barter, trade, or sell, a golden crab harvested in the EEZ by 
a vessel for which a valid permit has not been issued under Sec. 686.4.
    (b) No person may sell, trade, or barter, or attempt to sell, 
trade, or barter, a golden crab harvested in the EEZ by a vessel 
permitted under Sec. 686.4 to a dealer who does not have a valid permit 
issued under Sec. 686.4.
    (c) No dealer who has a valid permit issued under Sec. 686.4 may 
purchase, trade, or barter, or attempt to purchase, trade, or barter, a 
golden crab harvested in the EEZ from a vessel for which a valid permit 
has not been issued under Sec. 686.4.
    (d) The sale, trade or barter or attempted sale, trade, or barter 
of a female golden crab harvested from the EEZ is prohibited.


Sec. 686.24  Adjustment of management measures.

    In accordance with the procedures and limitations of the FMP, the 
Regional Director may establish or modify the following items relating 
to the golden crab fishery: Maximum sustainable yield, acceptable 
biological catch, total allowable catch, quotas (including quotas equal 
to zero), trip limits, minimum sizes, gear regulations and 
restrictions, permit requirements, seasonal or area closures, time 
frame for recovery of golden crab if overfished, fishing year 
(adjustment not to exceed 2 months), observer requirements, and 
authority for the Regional Director to close the fishery when a quota 
is reached or is projected to be reached.


Sec. 686.25  Specifically authorized activities.

    The Assistant Administrator may authorize, for the acquisition of 
information and data, activities otherwise prohibited by this part. In 
addition, the Regional Director may issue a permit for experimental 
fishing, provided that, as a condition of such permit, data on the gear 
used and fish caught in such experimental fishing is maintained and 
provided to the Science and Research Director.
[FR Doc. 96-9059 Filed 4-10-96; 8:45 am]
BILLING CODE 3510-22-F