[Federal Register Volume 64, Number 118 (Monday, June 21, 1999)]
[Proposed Rules]
[Pages 33041-33042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15722]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 060899D]
RIN 0648-AG88


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coral Reef Resources of Puerto Rico and the U.S. Virgin Islands; 
Amendment 1

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of Amendment 1 to the Fishery Management 
Plan for Corals and Reef Associated Plants and Invertebrates of Puerto 
Rico and the U.S. Virgin Islands; request for comments.

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SUMMARY: NMFS announces that the Caribbean Fishery Management Council 
(Council) has submitted Amendment 1 to the Fishery Management Plan 
(FMP) for Corals and Reef Associated Plants and Invertebrates of Puerto 
Rico and the U.S. Virgin Islands for review, approval, and 
implementation by NMFS. This amendment would establish a marine 
conservation district (MCD) of approximately 16 square nautical miles 
(mi2)(41-km2) in the Exclusive Economic Zone 
(EEZ) southwest of St. Thomas, U.S. Virgin Islands (USVI), in an area 
known as ``Hind Bank.'' Fishing and anchoring of fishing vessels would 
be prohibited within the MCD. The purpose of the MCD is to protect 
coral reef resources, reef fish stocks, and their habitats.

DATES: Written comments must be received on or before August 20, 1999.


[[Page 33042]]


ADDRESSES: Comments must be mailed to the Southeast Regional Office, 
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
    Requests for copies of Amendment 1, which includes a Final 
Supplemental Environmental Impact Statement, a Regulatory Impact 
Review, and an Initial Regulatory Flexibility Analysis, should be sent 
to the Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, 
Suite 1108, San Juan, Puerto Rico 00918-2577; phone: 787-766-5926; fax: 
787-766-6239.

FOR FURTHER INFORMATION CONTACT: Michael C. Barnette, NMFS, 727-570-
5305.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires Regional Fishery 
Management Councils to submit proposed fishery management plans (plans) 
or amendments to NMFS for review and approval, disapproval, or partial 
approval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving a plan or amendment from a Council, immediately publish a 
document in the Federal Register stating that the plan or amendment is 
available for public review and comment.
    Caribbean coral reefs are under considerable stress as a result of 
coastal development and deforestation (sedimentation, pollution, 
dredging) and fishing (gear impacts and overfishing effects). The FMP 
currently prohibits the taking of corals and live rock, and limits gear 
used to collect live reef invertebrates and algae for aquariums. The 
FMP was recently amended by a generic amendment to address essential 
fish habitat (EFH) requirements to designate coral and coral reef areas 
as EFH in the U.S. Caribbean. Amendment 1 would specifically address 
fishing effects on reefs by establishing a ``no take'' MCD in a coral 
reef area known as Hind Bank southwest of St. Thomas, USVI. The 
dominant coral on Hind Bank is the boulder star coral, Montastrea 
annularis. Observed colonies are roughly 1 m in diameter. Based on 
recorded growth rates of approximately 0.4-1.2 cm/year, these colonies 
are at least 100 years old. At about 20 fathoms (36 m), the bottom 
topography of Hind Bank consists of a series of coral ridges (each 
approximately 100 m wide) interspersed with sandy depressions.
    Fisheries in the U.S. Caribbean are multi-species, multi-gear, and 
primarily artisanal. Studies show declines in catch rates and relative 
abundance of groupers, snappers, triggerfish, angelfish, parrotfish, 
and grunts in USVI trap fisheries. Jewfish, Epinephelus itajara, Nassau 
grouper, E. striatus, and queen conch, Strombus gigas, have been 
designated by NMFS as overfished under the provisions of the Magnuson-
Stevens Act. Red hind, Epinephelus guttatus, the dominant commercial 
reef fish species in the U.S. Caribbean, is showing signs of declines 
in catch-per-unit-effort, average size, and a significantly skewed sex 
ratio.
    In addition to red hind, other species thought to aggregate on Hind 
Bank for spawning include yellowfin grouper, Mycteroperca venenosa; 
yellowtail snapper, Ocyurus chrysurus; stoplight parrotfish, Sparisoma 
viride; creole wrasse, Clepticus parrae; and the creole-fish, 
Paranthias furcifer. Hind Bank was once a spawning site for Nassau 
grouper, but few individuals have been seen in the area in recent 
years.
    Since 1991, Hind Bank has been closed under the FMP to fishing from 
January through March to protect red hind spawning aggregations. A 1997 
scientific research report to the Council indicated that this closure 
was having a positive effect in terms of increased abundance and size 
of red hind.
    The seasonal closure affects all fisheries, including those for 
highly migratory species (HMS), such as tuna, billfish, and sharks. 
Amendment 1 would extend the seasonal closure year-round. The Council 
considered the possibility of allowing some fishing within MCDs to 
accommodate handline fishermen taking snappers, pelagics, and HMS. 
However, the Council determined that any fishing activities in the MCD 
could adversely affect spawning aggregations, degrade the reef 
ecosystem, and complicate enforcement.
    The Council specifically intends that the MCD fishing restrictions 
apply to all fisheries, including the HMS fisheries. During the public 
comment periods, the NMFS HMS Fax Network will be used to ensure that 
all affected HMS fishermen are informed of the MCD proposal.
    During 1995-96, 25 commercial fishermen reported landings from the 
general area southwest of St. Thomas (EEZ waters only); this area 
accounted for 14 percent of the trips and 31 percent of the total 
commercial catch (about 390,000 lb (176,901 kg)) in the USVI, primarily 
from trap fishing for finfish and spiny lobsters. HMS and other 
handline fishermen in this area accounted for only 4 percent of the 
trips and 8 percent of the total catch. There are no comparable data 
for the recreational sector. There are approximately 10 charter fishing 
operations in the St. Thomas-St. John area; however, these boats 
reportedly fish the ``dropoff'' south of St. John, rather than off St. 
Thomas.
    The establishment of the MCD would displace commercial fishermen 
from preferred fishing grounds. However, the displacement cost to the 
industry is expected to be small because the majority of vessels 
fishing in the preferred grounds also make multiple trips to areas 
outside the proposed MCD, suggesting that movement in fishing effort 
from one area to another is relatively adjustable. The MCD is likely to 
result in a short-term reduction in the amount of fish available for 
harvest and, ultimately, a reduction in harvest. However, the MCD is 
also expected to result in export of adults and larvae into areas 
outside the MCD that will, in the long-term, increase the populations 
available for harvest. As the populations outside the MCD expand, 
harvests by existing fishermen will expand commensurately, resulting in 
increased profits. Theoretically, however, increased profits will 
attract additional entrants into the fisheries and increase effort. 
Despite increasing effort, establishment of the MCD is expected to 
result in future increases in total catch.
    Comments received by August 20, 1999, whether specifically directed 
to the amendment or the proposed rule, will be considered by NMFS in 
its decision to approve, disapprove, or partially approve the 
amendment. Comments received after that date will not be considered by 
NMFS in this decision. All comments received by NMFS on the amendment 
or the proposed rule during their respective comment periods will be 
addressed in the final rule.

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

    Dated: June 16, 1999.
George H. Darcy,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-15722 Filed 6-18-99; 8:45 am]
BILLING CODE 3510-22-F