[Federal Register Volume 61, Number 235 (Thursday, December 5, 1996)]
[Rules and Regulations]
[Pages 64485-64486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30970]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 961008282-6332-02; 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: Final rule.

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SUMMARY: NMFS issues this final 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). The 
regulatory amendment adjusts the boundary of the existing red hind 
spawning aggregation seasonal/area closure in the EEZ off western 
Puerto Rico and adds 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. This rule also contains a technical change to the 
regulations to alter minimally the boundary of the mutton snapper 
spawning aggregation area off the southwest coast of St. Croix, U.S. 
Virgin Islands (USVI), to make it compatible with USVI regulations.

EFFECTIVE DATE: December 7, 1996.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery of Puerto Rico and 
USVI 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-Stevens Fishery Conservation and Management Act.
    The background and rationale for the measures in the regulatory 
amendment were included in the preamble to the proposed rule (61 FR 
55127, October 24, 1996) and are not repeated here.

Comments and Responses

    Comment: The Center for Marine Conservation (CMC) supports 
management measures to protect two additional spawning aggregations for 
red hind but is concerned about the reduction in the size of the 
existing spawning aggregation seasonal/area closure around Tourmaline 
Bank. CMC wants the Council to reconsider a rejected measure to 
prohibits the sale of red hind during the closed season. In addition, 
CMC notes the need for additional conservation measures, such as the 
establishment of marine reserves, to protect red hind critical habitat.
    Response: NMFS agrees with CMC's assessment of the need for 
additional protective measures to address the continuing decline in red 
hind populations off Puerto Rico. Closed areas are one of the best ways 
to protect the spawning stocks and prevent overfishing. Puerto Rico is 
currently considering a series of marine reserves, including one in the 
Tourmaline Bank area, to protect reef fish, corals, and reef 
invertebrates in its waters (0 to 9 nautical miles offshore). The 
Council is working with the fishing industry to identify and establish 
closed areas in Federal waters throughout the U.S. Caribbean. The 
Council intends to reassess the need for a possible prohibition on the 
sale of red hind during the spawning season if the spawning area 
closures are unsuccessful in arresting population declines.
    The decision to establish the original spawning aggregation closure 
off western Puerto Rico was based on the best information available at 
that time. New information now demonstrates that the area originally 
established includes habitat unsuitable for red hind, such as

[[Page 64486]]

hard sandy bottom. NMFS concurs with the Council's decision to reopen 
this area because it places an unfair burden on commercial fishermen 
with no specific benefit for conservation. NMFS and the Council 
continue to explore options for increased conservation of red hind and 
other reef fish in Puerto Rico, including additional gear restrictions 
and a proposed fish trap reduction program. NMFS welcomes CMC's advice 
and assistance in these efforts.

Classification

    This final 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 the proposed rule, if adopted, 
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 (61 FR 55127, October 24, 1996) and 
are not repeated here. No comments were received concerning this 
certification.
    The spawning season for red hind off Puerto Rico begins by early 
December. Existing regulations make the red hind spawning aggregation 
seasonal/area closure effective December 1 of each year. To ensure as 
soon as possible the conservation benefits of the revised red hind 
spawning aggregation seasonal/area closures, these closures should be 
implemented as soon as possible. Accordingly, the Assistant 
Administrator for Fisheries, NOAA, finds good cause, namely that it 
would be contrary to the public interest to delay the effectiveness of 
this rule for 30 days, and under 5 U.S.C. 553 (d)(3), makes this rule 
effective as of December 7, 1996. While this will provide fishermen 
with only a few days notice of the closure, the fishermen have had 
considerable notice through the Council public hearing process and the 
public comment period on the notice of proposed rulemaking that an 
early December closing was imminent. Therefore, given the relatively 
small area of the closures, it will be easy for fishermen to leave the 
area by the effective date of this rule.

List of Subjects in 50 CFR Part 622

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

    Dated: November 29, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 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:

------------------------------------------------------------------------
              Point                 North latitude      West longitude  
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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 latitude      West Longitude  
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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 latitude      West Longitude  
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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 latitude      West Longitude  
------------------------------------------------------------------------
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. 96-30970 Filed 12-4-96; 8:45 am]
BILLING CODE 3510-22-W