[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.
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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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(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.
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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.
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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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(C) 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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(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.
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Point North lat. West long.
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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