[Federal Register Volume 64, Number 213 (Thursday, November 4, 1999)]
[Rules and Regulations]
[Pages 60132-60133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28830]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990722200-9292-02; 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: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 1 to the 
Fishery Management Plan for Corals and Reef Associated Plants and 
Invertebrates of Puerto Rico and the US Virgin Islands (FMP). The rule 
establishes a marine conservation district (MCD) in the exclusive 
economic zone in an area known as the Hind Bank, southwest of St. 
Thomas, U.S. Virgin Islands (USVI). Within the MCD, fishing for any 
species and anchoring by fishing vessels is prohibited. The intended 
effect is to protect important marine resources.

DATES: This final rule is effective December 6, 1999.

ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA) 
for this final rule may be obtained from the Southeast Regional Office, 
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. Copies 
of Amendment 1, which includes a regulatory impact review (RIR), a 
initial regulatory flexibility analysis (IRFA), and a final 
supplemental environmental impact statement (FSEIS), may be obtained 
from the Caribbean Fishery Management Council (Council), 268 Munoz 
Rivera Avenue, Suite 1108, San Juan, PR 00918-2577; telephone 787-766-
5926.

FOR FURTHER INFORMATION CONTACT: Michael Barnette, Southeast Regional 
Office, NMFS; telephone 727-570-5305.

SUPPLEMENTARY INFORMATION: The fishery for coral reef resources off 
Puerto Rico and the US Virgin Islands is managed under the FMP prepared 
by the Caribbean Fishery Management Council (Council) and approved and 
implemented by NMFS under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    On June 21, 1999, NMFS announced the availability of Amendment 1 
and requested comments on the amendment through August 20, 1999 (64 FR 
33041). On August 3, 1999, NMFS published a proposed rule to implement 
the measures in Amendment 1 and requested comments on the rule through 
September 17, 1999 (64 FR 42068). The background and rationale for the 
measures in the amendment and proposed rule are contained in the 
preamble to the proposed rule and are not repeated here. On September 
17, 1999, after considering the comments on the amendment and proposed 
rule received through August 20, 1999, NMFS approved Amendment 1.

Comments and Responses

    NMFS received three comments supporting Amendment 1 and the 
proposed rule. One commenter stated in two separate comments that the 
Hind Bank MCD: Will provide valuable protection to spawning 
aggregations of depleted reef fish and offer protection to essential 
fish habitat from physical damage from fishing and anchoring gear; more 
than meets the FMP's conservation-related criteria for establishing 
marine conservation districts; will make the area involved off limits 
to fishing gear and to anchoring on coral so that further damage will 
be prevented and the habitat given a chance to recover; will protect 
depleted snappers and groupers and provide the only existing federal 
replenishment refuge off St. Thomas to help rebuild these stocks; and 
will offer full protection for red hind spawning aggregations with the 
eventual result of there being more red hind outside the no-take zone. 
The third commenter, the U.S. Fish and Wildlife Service, indicated that 
it supports Amendment 1 as necessary to achieve habitat management 
benefits to allow the Council and the Territory to meet fishery 
population protection and recovery goals. NMFS concurs with these 
comments and has approved Amendment 1 and is implementing it by this 
rule.
Classification
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Regional Administrator, Southeast Region, NMFS, with the 
concurrence of the Assistant Administrator for Fisheries, NOAA, 
determined that Amendment 1 is necessary for the conservation and 
management of the fisheries and coral resources of the USVI. 
Furthermore, Amendment 1 was determined to be consistent with the 
Magnuson-Stevens Act and other applicable law.
    A FSEIS was prepared for Amendment 1 and filed with the 
Environmental Protection Agency. A notice of FSEIS availability was 
published on July 30, 1999 (64 FR 41420).
    NMFS prepared an FRFA for this final rule implementing Amendment 1. 
The FRFA was based on the IRFA, which in turn was based on the 
Council's RIR supporting Amendment 1. No public comments on the IRFA 
were received. A summary of the FRFA follows.
    The coral habitats in the US Caribbean are considered to be limited 
and have been seriously degraded, resulting in negative impacts on the 
fishery resources and the surrounding ecosystem. The MCD is established 
to protect the coral habitat and the ecosystem and to evaluate the 
effectiveness of a reserve in increasing the level of fish stocks 
surrounding the reserve. Relevant FMP conservation and management 
objectives are: (1) To conserve and protect the species in the fishery 
management unit; (2) To minimize adverse human impacts on the 
resources; and (3) To provide for special management of reef and sea 
grass habitats of particular concern through the establishment of 
reserves or other protected areas. There were no public comments on the 
IRFA, and no economic impact issues were raised by public comments. 
During 1995-96, 121 commercial fishermen reported harvests occurring in 
the general vicinity of the MCD, and an estimated 20 to 30 of these 
small entities are thought to have conducted fishing activities within 
the MCD. The IRFA defined the universe to be all 121 of the small 
entities because all will be affected either by displacement from the 
MCD or because of competition from other vessels displaced from the 
MCD. The 121 vessels landed about 390,000 lb

[[Page 60133]]

(176,901 kg) of fish valued at about $1.7 million in aggregate; 
operated vessels in the 16-to 40-ft (4.9- to 12.2-m) range; and had 1 
or 2 crew members. There are no additional reporting, recordkeeping, or 
other compliance requirements associated with this rule. In addition to 
the status quo, the Council originally considered six different 
geographical locations for an MCD, including the preferred alternative. 
The status quo alternative was rejected because it would not meet the 
stated objectives. After further consideration, the Council dropped 
three of the other alternatives, either because the location and size 
for these MCDs would not meet the objectives or because it was clear 
that the economic impacts on small business entities would exceed the 
benefits from establishing an MCD. A fourth MCD alternative was 
rejected because the objectives would have been met, but larger 
negative impacts would have been incurred than for the preferred 
alternative. The fifth MCD alternative was rejected because it was not 
clear if the objectives would have been met, yet the negative impacts 
were similar to those for the preferred alternative. The preferred 
alternative was chosen because it met the stated FMP objectives while 
minimizing negative economic impacts. The Council also considered a set 
of alternatives that would have applied to allowable activities within 
the MCD. The Council chose the most restrictive alternative, a pure no-
take MCD, over three alternative proposals. The first of the rejected 
alternatives would have allowed the removal of organisms for 
restoration, educational, or scientific purposes; the second would have 
allowed the use of handlines within the MCD as long as the fishing 
vessel was not anchored; and the third would have prohibited all gear 
except trolling. The RIR examined all these scenarios in detail, and 
the Council determined that the short-term negative impacts associated 
with the pure no-take restriction (preferred alternative) would be 
exceeded by the long-term benefits of protecting all the resources in 
the MCD. The reasoning for rejecting the other alternatives was that 
allowing exemptions to a pure no-take regime, even for scientific or 
educational purposes, could provide loopholes that would present 
problems with compliance and enforcement. This could lead to a 
situation whereby the FMP objectives would not be met. Accordingly, the 
Council took the more restrictive approach even though the short-term 
negative impacts were fully described and acknowledged. This final rule 
also prohibits anchoring by commercial or recreational fishing vessels 
within the boundaries of the MCD. The status quo of allowing anchoring 
was rejected to lessen the environmental impact of anchoring and to 
make it easier to enforce the ban on fishing in the MCD.
    Copies of the FRFA are available (see ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: October 29, 1999.
Andrew A. Rosenberg,
Deputy 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. 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 connecting, in order, the points listed.

------------------------------------------------------------------------
       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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    (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.
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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'
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    (ii) West of Puerto Rico--(A) 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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    (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'
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    (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, 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'
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    (2) [Reserved]
[FR Doc. 99-28830 Filed 11-3-99; 8:45 am]
BILLING CODE 3510-22-P