[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Proposed Rules]
[Pages 42068-42070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19915]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990722200-9200-01; 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: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this proposed rule to implement Amendment 1 to the 
Fishery Management Plan for Corals and Reef Associated Plants and 
Invertebrates of Puerto Rico and the U.S. Virgin Islands (FMP). This 
rule proposes to 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.'' Within the MCD, fishing for 
any species and anchoring by fishing vessels would be prohibited. The 
intended effect is to protect important marine resources.

DATES: Written comments must be received on or before September 17, 
1999.

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 Amendment 1, which includes a regulatory 
impact review (RIR), an initial regulatory flexibility analysis (IRFA), 
and a final supplemental environmental impact statement (FSEIS), should 
be sent to the Caribbean Fishery Management Council (Council), 268 
Munoz Rivera Avenue, Suite 1108, San Juan, PR 00918-2577.

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

SUPPLEMENTARY INFORMATION: The fishery for coral reef resources and 
related fisheries off Puerto Rico and the U.S. Virgin Islands are 
managed under the FMP. The FMP was prepared by the Council, and was 
approved and implemented by NMFS, under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
through final regulations at 50 CFR part 622.
    This proposed rule would implement Amendment 1 and establish a MCD 
of approximately 16 mi2 (41 km2) in the EEZ off the USVI southwest of 
St. Thomas, in an area known as ``Hind Bank.'' The purpose of the MCD 
is to protect coral reef resources, reef fish stocks, and their 
habitats. Fishing and anchoring of fishing vessels would be prohibited 
within the MCD. The ban on anchoring of fishing vessels would aid in 
enforcement of the fishing prohibition and protect the reefs from 
direct physical damage from anchoring.
    Caribbean coral reefs are under considerable ecological stress as a 
result of the effects 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 in the EEZ and limits the type of gear used to collect 
live reef invertebrates and algae for aquariums.
    The FMP was recently amended by a generic essential fish habitat 
(EFH) amendment (Generic EFH Amendment) that addressed EFH requirements 
for all the Council's FMPs. The Generic EFH Amendment designated U.S. 
Caribbean coral and coral reef areas as EFH. NMFS approved these EFH 
designations under the Generic EFH Amendment for 17 selected species 
and corals (15 reef fish species, spiny lobster, and queen conch), and 
published a notice of agency decision in the Federal Register (64 FR 
14884; March 29, 1999). Amendment 1 is intended to protect coral reef 
resources and associated species, and EFH within the MCD.
    Amendment 1 would specifically address fishing effects on reefs by

[[Page 42069]]

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 (NMFS' Report to Congress - Status of Fisheries of 
the United States, October 1998). Red hind, Epinephelus guttatus, the 
dominant commercial reef fish species in the U.S. Caribbean, is showing 
signs of a significantly skewed sex ratio, and declines in catch-per-
unit-effort and average size.
    Since 1991, Hind Bank has been closed to fishing from January 
through March under the regulations implementing the FMP 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 red hind abundance and size.
    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. The MCD is intended to protect these other aggregating species.
    Amendment 1 would extend the current seasonal Hind Bank closure 
year-round. The Council considered the possibility of allowing some 
fishing within MCDs to accommodate handline fishermen taking snappers, 
pelagics, and highly migratory species (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, including those 
fisheries for tunas, billfishes, and sharks. During the public comment 
periods on Amendment 1 and this proposed rule, NMFS will use its HMS 
Fax Network to ensure that all affected HMS fishermen are informed of 
the MCD proposal.
    There is considerable literature on the benefits of marine reserves 
or ``no-take'' MCDs. They are designed to protect older, larger fish 
and, thereby, protect critical spawning stock biomass, intra-specific 
genetic diversity, population age-structure, recruitment supply, and 
ecosystem balance. Specific expected benefits include (1) establishment 
of a refuge and replenishment area to ensure continued abundance and 
diversity of reef resources, (2) protection of critical spawning stock 
and recruits from overfishing, (3) physical protection of the coral 
reef structures, and (4) ``spillover'' effects to surrounding areas. 
Regarding ``spillover'' effects, MCDs are expected to be a source of 
adults and larvae for adjacent areas and may be effective in addressing 
the problem of recruitment overfishing, especially in sedentary 
species. MCDs are believed to be important in maintaining the high 
abundance of many reef fish species worldwide. For example, existing 
marine reserves in the Netherland Antilles and Barbados show increasing 
population biomass and size of sampled reef fish.
    During 1995-96, 25 commercial fishermen reported landings, 
primarily from trap fishing for finfish and spiny lobsters, 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. 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.
    Additional background and rationale for the measures discussed 
above are contained in Amendment 1, the availability of which was 
announced in the Federal Register on June 21, 1999 (64 FR 33041).

Classification

    At this time, NMFS has not determined that the amendment that this 
rule would implement is consistent with the national standards of the 
Magnuson-Stevens Act and other applicable laws. NMFS, in making that 
determination, will take into account the data, views, and comments 
received during the comment period on Amendment 1.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared an initial regulatory flexibility analysis 
(IRFA) for Amendment 1 as required by the Regulatory Flexibility Act 
(RFA). The IRFA describes the economic impacts this proposed rule, if 
adopted, would have on small entities. A summary of the IRFA follows.
    The IRFA concluded that a substantial number of small entities 
would be affected because 20 to 30 entities would be displaced and 
another 100 would be indirectly affected by the displaced group. The 
total would be well over 20 percent of the entities that fish in the 
general area. The IRFA concluded that there may not be a negative gross 
revenue impact of more than 5 percent and that there would not be a 5-
percent increase in compliance costs. It was also determined that there 
would be no annual compliance costs and no differential small versus 
large business impacts and that capital costs would not change 
significantly. However, it was determined that an unknown number of the 
20 to 30 directly displaced small entities may cease operations if the 
proposed rule is implemented. Additionally, the action is of major 
public interest, and represents a unique and fundamental change in 
fishery management approaches used in the Southeast.
    The proposed MCD is intended to conserve coral and associated 
habitats, maintain marine biodiversity, and provide for the 
conservation and management of economically important species. The 
Magnuson-Stevens Act provides the legal basis for the rule. The rule 
would apply to approximately 121 licensed fishermen, most of whom 
operate small outboard skiffs. These fishermen report average annual 
ex-vessel revenues of $12,000 and report catches of a wide variety of 
species associated with coral habitats. These fishermen take roughly 35 
to 60 trips annually in the vicinity of the proposed reserve, but a 
much smaller number of trips wholly within the reserve. The rule 
contains no new reporting requirements and no duplicative, overlapping, 
or conflicting Federal rules were identified. The Council considered 
the status quo alternative, as well as three alternative marine 
reserves differing in size and location to the marine reserve proposed. 
Additionally, a range of no-take restrictions were considered for

[[Page 42070]]

each reserve. The Council deemed that restrictive no-take regulations 
were appropriate in all cases. The Council concluded that exceptions 
would make compliance enforcement more difficult and prevent attainment 
of the major FMP objective to protect important marine resources. The 
Council rejected the status quo because of its failure to meet the FMP 
objective of increasing net national benefits. The Council rejected one 
of the three alternative marine reserves considered on the basis that 
insufficient information was available to determine whether the FMP 
objective could be met. For this rejected alternative, the users would 
still be negatively impacted in the short-run with no assurance of 
long-term gains. The Council rejected the other two alternative marine 
reserves because those alternatives, while providing for a greater 
level of net economic benefits, had a greater short-term cost to the 
users. Although both of these reserves were deemed capable of meeting 
the FMP objective and providing for a long-term increase in net 
national benefits, the preferred alternative was selected on the basis 
of having the least amount of short-term negative impact. Copies of the 
RIR/IRFA are available (see ADDRESSES).
    The Council prepared a FSEIS for the FMP that was filed with the 
Environmental Protection Agency for public review and comment. A notice 
of its availability for public comment for 30 days will be published in 
the Federal Register on July 30, 1999. According to the FSEIS, the 
elimination of consumptive uses within the MCD will provide a refuge 
and replenishment area for reef resources and ensure continued 
abundance and species diversity. The MCD will provide insurance against 
recruitment failure and simplify enforcement. The general public 
understands and supports the concept of MCDs. Although commercial and 
recreational fishers could experience increased costs of further 
restrictions on their activities within the MCD, they and non-
consumptive users will realize long-term benefits resulting from the 
maintenance of healthy and diverse coral ecosystems.

Changes Proposed by NMFS

    NMFS proposes to restructure Sec. 622.33, for the convenience of 
the reader, to distinguish more clearly between seasonal and year-round 
closures.

List of Subjects in 50 CFR Part 622

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

    Dated: July 28, 1999
Andrew A. Rosenberg,
Deputy Assistant Administrator, 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. Section 622.33 is revised to read as follows:


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

    (a) Seasonal closures--(1) 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 joining the following points in the order listed.

 
------------------------------------------------------------------------
                     Point                       North lat.   West long.
------------------------------------------------------------------------
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
                                                          '            '
------------------------------------------------------------------------

    (2) 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.
    (i) East of St. Croix.

 
------------------------------------------------------------------------
                     Point                       North lat.   West long.
------------------------------------------------------------------------
A.............................................  17 deg.50.2  64 deg.27.9
                                                          '            '
B.............................................  17 deg.50.1  64 deg.26.1
                                                          '            '
C.............................................  17 deg.49.2  64 deg.25.8
                                                          '            '
D.............................................  17 deg.48.6  64 deg.25.8
                                                          '            '
E.............................................  17 deg.48.1  64 deg.26.1
                                                          '            '
F.............................................  17 deg.47.5  64 deg.26.9
                                                          '            '
A.............................................  17 deg.50.2  64 deg.27.9
                                                          '            '
------------------------------------------------------------------------

    (ii) West of Puerto Rico--(A) Bajo de Cico.

 
------------------------------------------------------------------------
                     Point                       North lat.   West long.
------------------------------------------------------------------------
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
                                                          '            '
------------------------------------------------------------------------

    (B) Tourmaline Bank.

 
------------------------------------------------------------------------
                     Point                       North lat.   West long.
------------------------------------------------------------------------
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
                                                          '            '
------------------------------------------------------------------------

    (C) Abrir La Sierra Bank.

 
------------------------------------------------------------------------
                     Point                       North lat.   West long.
------------------------------------------------------------------------
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
                                                          '            '
------------------------------------------------------------------------

    (3) Queen conch closure. From July 1 through September 30, each 
year, no person may fish for queen conch in the Caribbean EEZ and no 
person may possess on board a fishing vessel a queen conch in or from 
the Caribbean EEZ.
    (b) Year-round area closures. (1) Hind Bank Marine Conservation 
District (MCD). The following activities are prohibited within the Hind 
Bank MCD: Fishing for any species, except for scientific research 
activity, exempted fishing, and exempted educational activity as 
provided in Sec. 600.745 of this chapter; and anchoring by fishing 
vessels. The Hind Bank MCD is bounded by rhumb lines connecting, in 
order, the points listed.

 
------------------------------------------------------------------------
                     Point                       North lat.   West long.
------------------------------------------------------------------------
A.............................................  18 deg.13.2  65 deg.06.0
                                                          '            '
B.............................................  18 deg.13.2  64 deg.59.0
                                                          '            '
C.............................................  18 deg.11.8  64 deg.59.0
                                                          '            '
D.............................................  18 deg.10.7  65 deg.06.0
                                                          '            '
A.............................................  18 deg.13.2  65 deg.06.0
                                                          '            '
------------------------------------------------------------------------

    (2) [Reserved]
[FR Doc. 99-19915 Filed 8-2-99; 8:45 am]
BILLING CODE 3510-22-F