[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Proposed Rules]
[Pages 55127-55128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27212]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 961008282-6282-01; I.D. 092796A]
RIN 0648-AI97


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Red Hind 
Spawning Aggregations

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 a regulatory 
amendment prepared by the Caribbean Fishery Management Council 
(Council) in accordance with framework procedures for adjusting 
management measures of the Fishery Management Plan for the Reef Fish 
Fishery of Puerto Rico and the U.S. Virgin Islands (FMP). In the 
Caribbean exclusive economic zone (EEZ) off western Puerto Rico, the 
regulatory amendment would adjust the boundary of the existing red hind 
spawning aggregation seasonal/area closure and add two additional red 
hind spawning aggregation seasonal/area closures. The intended effect 
is to protect red hind spawning aggregations by prohibiting fishing in 
these areas during the spawning season.

DATES: Written comments must be received on or before November 8, 1996.

ADDRESSES: Comments on the proposed rule must be sent to Georgia 
Cranmore, Southeast Region, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702.
    Requests for copies of the regulatory amendment, which includes an 
environmental assessment and a regulatory impact review, should be sent 
to the Caribbean Fishery Management Council, 268 Ave. Munoz Rivera, 
Suite 1108, San Juan, PR 00918-2577.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery of Puerto Rico and the 
U.S. Virgin Islands is managed under the FMP. The FMP was prepared by 
the Council and is implemented by regulations at 50 CFR part 622 under 
the authority of the Magnuson Fishery Conservation and Management Act.

Background

    Red hind, like most groupers, are long-lived, slow-growing, and 
aggregate for spawning. Hook and line and fish traps are the most 
commonly used gear in the commercial fishery; little data exist on the 
recreational fishery.
    Commercial landings of red hind off western Puerto Rico have 
declined substantially since 1991. Almost 30,000 lb (13,608 kg) of red 
hind were reported landed in western Puerto Rico in 1991; landings in 
1994 totaled about 11,000 lb (4,990 kg). Both the number and size of 
fish caught have declined in commercial landings. Fishing effort for 
red hind is highest during the spawning season, December 1 through 
February 28. The Council believes that protection of spawning 
aggregations is a practical way to reduce fishing mortality and also 
increase the likelihood of spawning success.
    Amendment 2 (1993) to the FMP established a red hind spawning 
aggregation seasonal/area closure in the EEZ off western Puerto Rico, 
around Buoy 8 at Tourmaline Bank. In 1996, commercial fishermen 
testified that this area is larger and further to the west than needed 
to encompass the spawning aggregation around Tourmaline Bank. 
Additionally, Puerto Rico's Department of Natural and Environmental 
Resources, working in cooperation with commercial fishermen, has 
identified two additional red hind spawning aggregations off western 
Puerto Rico that need protection.

Management Measures

    In the EEZ off western Puerto Rico, the Council is proposing to: 
(1) Adjust the boundary of the existing red hind spawning aggregation 
seasonal/area closure around Buoy 8 at Tourmaline Bank by moving the 
closed area further to the east and reducing the size of the area from 
approximately 15 square nautical miles (nm2) to approximately 9 
nm2; and (2) add two additional red hind spawning aggregation 
seasonal/area closures of 9 nm2 each--one around Buoy 6 at Abrir 
La Sierra Bank and the other around a buoy to be deployed in the area 
known as ``Bajo de Cico.''
    Red hind can be taken as bycatch in fish or crustacean traps or by 
other non-selective gear used in directed fisheries off western Puerto 
Rico. Thus, all commercial and recreational fishing for all species 
needs to be prohibited in the red hind spawning aggregation areas from 
December 1 through February 28, each year, to protect the spawning 
aggregations and to facilitate effective enforcement of the closed 
areas.
    Commercial fishermen support these measures to protect the red hind 
spawning aggregations. They can shift effort to other species, such as 
snappers, outside the closed areas. Also, the adjustment of the 
boundary of the existing closure to exclude sandy bottom areas, 
previously closed to fishing, will allow trap fishermen to use these 
areas to store traps during bad weather. Although testimony by 
commercial fishermen indicates that recreational fishermen fish these 
spawning aggregations, no data exist on the potential impact on 
recreational fishermen of the proposed closed areas.
    This proposed rule will close only those portions of the spawning 
aggregations off Puerto Rico that are in the EEZ. Complementary 
regulations by the Commonwealth of Puerto Rico are required to protect 
remaining portions within Puerto Rico's waters.

Action on the Recommended Changes

    The Council's recommended changes are within the scope of the 
management measures that may be adjusted by the framework procedure 
specified in the FMP. The Administrator, Southeast Region, NMFS, 
initially concurs that the Council's recommended measures are 
consistent with the objectives of the FMP, the national standards, and 
other applicable law. Accordingly, the

[[Page 55128]]

Council's recommended changes are published for comment. Final 
determinations will be made following review of all information and 
comments on the proposed rule.

Additional Change Proposed by NMFS

    As a technical change to the regulations, NMFS proposes to alter 
minimally the boundary of the mutton snapper spawning aggregation area 
off the southwest coast of St. Croix. Fishing is prohibited in that 
area from March 1 through June 30, each year. The vast majority of the 
area is in state waters--Federal regulations apply only in the EEZ 
part. This change would (1) better conform the outer boundary of the 
area with the 100-fathom depth contour, as was intended in the FMP, as 
amended, (2) slightly reduce the EEZ part of the area, and (3) make the 
area compatible with that established in the U.S. Virgin Islands 
regulations.

Classification

    This proposed rule has been determined to be not significant under 
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 as follows:

    In the EEZ off western Puerto Rico, the proposed rule would 
adjust the boundaries of the existing red hind spawning aggregation 
seasonal/area closure and add two additional red hind spawning 
aggregation seasonal/area closures. The intended effect is to 
protect red hind spawning aggregations by prohibiting all fishing in 
these areas during the spawning season.
    The commercial red hind fishery is composed entirely of small 
businesses that could be affected by the management measures 
contained in the proposed rule. Based on a 1988 survey, there are 
approximately 882 commercial fishing vessels operating off Puerto 
Rico. An estimated 161 (or about 18 percent) have homeports near the 
proposed closed areas; many of these vessels have access to other 
fishing grounds and do not fish for red hind. Therefore, the 
proposed regulatory amendment is not expected to affect a 
substantial number of small entities. Those businesses that will be 
affected by the proposed rule are involved in the harvest of a wide 
variety of species, in addition to red hind; red hind catches 
account for only 1.3 percent of the annual fishery value in Puerto 
Rico. Furthermore, red hind catches will be affected in only some of 
the spawning areas for 3 months per year, and the effect on annual 
gross revenues will be considerably less than 5 percent. Hence, 
there is not expected to be a significant economic impact on a 
substantial number of small entities and a regulatory flexibility 
analysis was not prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: October 18, 1996.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

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

    2. In Sec. 622.33, paragraph (a), paragraph (b) introductory text, 
and paragraph (b)(3) are revised to read as follows:


Sec. 622.33  Caribbean EEZ seasonal and/or area closures.

    (a) Mutton snapper spawning aggregation area. From March 1 through 
June 30, each year, fishing is prohibited in that part of the following 
area that is in the EEZ. The area is bounded by rhumb lines connecting, 
in order, the points listed.

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              Point                    North lat.          West long.   
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A................................  17 deg.37.8'        64 deg.53.0'     
B................................  17 deg.39.0'        64 deg.53.0'     
C................................  17 deg.39.0'        64 deg.50.5'     
D................................  17 deg.38.1'        64 deg.50.5'     
E................................  17 deg.37.8'        64 deg.52.5'     
A................................  17 deg.37.8'        64 deg.53.0'     
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    (b) Red hind spawning aggregation areas. From December 1 through 
February 28, each year, fishing is prohibited in those parts of the 
following areas that are in the EEZ. Each area is bounded by rhumb 
lines connecting, in order, the points listed.
* * * * *
    (3) West of Puerto Rico.
    (i) Bajo de Cico

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              Point                    North lat.          West long.   
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A................................  18 deg.15.7'        67 deg.26.4'     
B................................  18 deg.15.7'        67 deg.23.2'     
C................................  18 deg.12.7'        67 deg.23.4'     
D................................  18 deg.12.7'        67 deg.26.4'     
A................................  18 deg.15.7'        67 deg.26.4'     
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    (ii) Tourmaline Bank

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              Point                    North lat.          West long.   
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A................................  18 deg.11.2'        67 deg.22.4'     
B................................  18 deg.11.2'        67 deg.19.2'     
C................................  18 deg.08.2'        67 deg.19.2'     
D................................  18 deg.08.2'        67 deg.22.4'     
A................................  18 deg.11.2'        67 deg.22.4'     
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    (iii) Abrir La Sierra Bank

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              Point                    North lat.          West long.   
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A................................  18 deg.06.5'        67 deg.26.9'     
B................................  18 deg.06.5'        67 deg.23.9'     
C................................  18 deg.03.5'        67 deg.23.9'     
D................................  18 deg.03.5'        67 deg.26.9'     
A................................  18 deg.06.5'        67 deg.26.9'     
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[FR Doc. 96-27212 Filed 10-23-96; 8:45 am]
BILLING CODE 3510-22-P