[Federal Register Volume 65, Number 193 (Wednesday, October 4, 2000)]
[Proposed Rules]
[Pages 59170-59171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25479]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 981022265-8265-01; I.D. 101698L]
RIN 0648-AL93


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishing in the EEZ Seaward of Navassa Island

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to prohibit fishing and 
anchoring of fishing vessels in the exclusive economic zone (EEZ) 
within 15 nautical miles (nm) seaward from the baseline of Navassa 
Island.

DATES: Comments must be received no later than 4:30 p.m., eastern 
daylight savings time, on November 3, 2000.

ADDRESSES: Written comments regarding this proposed rule must be sent 
to, and copies of a draft environmental assessment supporting this 
action, may be obtained from Michael Barnette, Southeast Regional 
Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. 
Comments also may be sent via fax to 727-570-5583. Comments will not be 
accepted if submitted via e-mail or Internet. Comments on any ambiguity 
or unnecessary complexity arising from the language used in this rule 
should be addressed to Rod Dalton, Southeast Regional Office, NMFS, at 
the above address.

FOR FURTHER INFORMATION CONTACT: Michael Barnette, telephone: 727-570-
5305, fax: 727-570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The U.S. Territory of Navassa Island is 
located in the Caribbean Sea approximately 60 nm northeast of Jamaica 
and 34 nm west of Haiti. The uninhabited island covers an area of 
approximately 2 square miles (518 hectares).
    NMFS has received several inquiries regarding whether fishing 
activities are permitted in the EEZ seaward of Navassa Island. In 
addition, a recent scientific expedition to Navassa Island publicized 
the unique and unprotected marine resources of the area. Important 
marine resources of this area include reef fish and invertebrates, 
especially coral, live rock, sponges, queen conch, and spiny lobsters. 
NMFS believes these resources are in a relatively pristine condition 
due to the isolation of this area and its distance from the commercial 
fishing grounds of the major fishing nations.
    Fishing in the EEZ seaward of Navassa Island is subject to 
regulation under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 
et seq.) and the Atlantic Tuna Conventions Act (16 U.S.C. 971 et seq.). 
The Caribbean Fishery Management Council (Council) has authority only 
over the fisheries in the EEZ of the Caribbean Sea and Atlantic Ocean 
seaward of the U.S. Virgin Islands and the Commonwealth of Puerto Rico. 
An amendment to the Magnuson-Stevens Act would be necessary to extend 
the Council's authority to the EEZ seaward of Navassa Island. However, 
the Secretary of Commerce has the authority under section 305(d) of the 
Magnuson-Stevens Act to promulgate such regulations as may be necessary 
to carry out the provisions and purposes of that act, including 
conserving and managing the fishery resources in the EEZ not within the 
authority of a regional fishery management council such as in the EEZ 
seaward of Navassa Island.
    As a precautionary approach to fisheries management, NMFS is 
proposing this rule to protect the fishery resources in the EEZ seaward 
of Navassa Island from unregulated harvests until the Magnuson-Stevens 
Act can be amended to give the Council authority over the fishery 
resources of the EEZ seaward of Navassa Island, and until conservation 
and management measures, as recommended by the Council and approved and 
implemented by NMFS, are in effect. This rule would prohibit all 
fishing, including fishing for Atlantic highly migratory species, and 
anchoring of fishing vessels in the EEZ within 15 nm seaward from the 
baseline of Navassa Island. These measures would apply to vessels of 
the United States and to all foreign vessels except vessels of the 
Republic of Haiti.
    This proposed rule is intended to protect coral reef resources from 
directed fishing or bycatch mortality and to prevent possible damage 
from unregulated fishing gear or from harmful fishing practices, such 
as the use of explosives or poisons. Establishment of a no-fishing zone 
would simplify and facilitate enforcement in this remote area. The 
anchoring prohibition would protect coral habitats from physical damage 
and facilitate enforcement of the fishing ban.

[[Page 59171]]

 NMFS requests information regarding the fishery resources and existing 
or expected fishing activities in the EEZ within 15 nm of Navassa 
Island. Because of the scarcity of data regarding fishing activities in 
the area, NMFS is requesting public comment, especially from the 
longline fishing community, on the number, if any, of longline vessels 
that routinely fish within 15 nm of Navassa Island. If any such vessels 
have historically fished in the area, then additional information on 
the importance of the area in terms of overall catches is requested.
    The U.S. Fish and Wildlife Service (Service) recently established 
the Navassa Island National Wildlife Refuge. For information regarding 
the refuge, see the Service's notice in the Federal Register (64 FR 
73062; December 29, 1999).

Classification

    This proposed rule is necessary in order to protect the coral reef 
and other fishery resources surrounding Navassa Island from harmful 
fishing practices until the Magnuson-Stevens Act can be amended to 
establish the Council's authority over the fishery resources of the EEZ 
seaward of Navassa Island, and conservation and management measures can 
be implemented through the Council process. NMFS is concerned that 
fishing activities in the EEZ seaward of Navassa Island will increase 
as a result of recent publicity and inquiries about the area.
    NMFS prepared a draft environmental assessment (EA) for this 
proposed rule and the Assistant Administrator for Fisheries has 
preliminarily concluded that there will be no significant impact on the 
human environment as a result of this proposed rule. A copy of the 
draft EA is available from NMFS (see ADDRESSES).
    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
as follows:
    The U.S. Territory of Navassa Island is located in the Caribbean 
Sea approximately 60 nm northeast of Jamaica and 34 nm west of 
Haiti. The uninhabited island covers an area of approximately 2 
square miles (518 hectares). NMFS believes the resources in the 
nearshore waters surrounding Navassa Island are in a relatively 
pristine condition due to the isolation of this area and its 
distance from the commercial fishing grounds of major fishing 
nations. As a precautionary approach to fisheries management, NMFS 
is proposing this rule to protect the fishery resources around 
Navassa Island from unregulated harvests and habitat damage. 
Accordingly, this rule would prohibit all fishing and anchoring of 
fishing vessels in the EEZ within 15 nm seaward from the baseline of 
Navassa Island. This rule and its measures would apply to vessels of 
the United States and to all foreign vessels except vessels of the 
Republic of Haiti.
    Because of its remote location, there is a scarcity of data 
about current and historical fishing around Navassa Island. 
Anecdotal evidence based on infrequent visits to the island by 
scientists from non-governmental organizations (e.g., Center for 
Marine Conservation) and verbal information from Navassa Island 
National Wildlife Refuge staff indicates that the current level of 
fishing near the island is negligible, if any. Information from NMFS 
Highly Migratory Species (HMS) Division indicates that some longline 
fishermen may fish in the near vicinity of Navassa Island. However, 
NMFS' data on HMS fishing locations is not precise enough to 
establish the presence or absence of fishing within 15 nm of Navassa 
Island.
    NMFS believes that the main effect of this rule would be to 
preserve the status quo. Given what little data are available, and 
the preliminary conclusion that fishing activity in the marine 
waters near the island is negligible, if any, NMFS has concluded 
that the proposed rule will not have a significant negative economic 
impact on a substantial number of small entities.
    Accordingly, an initial regulatory flexibility analysis was not 
prepared for this proposed rule.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this proposed 
rule. Such comments should be directed to Rod Dalton at NMFS Southeast 
Regional Office (see ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: September 27, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, 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. In Sec. 622.1, paragraph (c) is added to read as follows:


Sec. 622.1  Purpose and scope.

* * * * *
    (c) This part also governs fishing in the EEZ seaward of Navassa 
Island, which is not under the authority of a Regional Fishery 
Management Council.

    3. In Sec. 622.3, paragraph (f) is added to read as follows:


Sec. 622.3  Relation to other laws and regulations.

* * * * *
    (f) In Navassa Island National Wildlife Refuge, the regulations of 
the U.S. Fish and Wildlife Service also apply.
    4. In Sec. 622.7, paragraph (l) is revised to read as follows:


Sec. 622.7  Prohibitions.

* * * * *
    (l) Fish in violation of the prohibitions, restrictions, and 
requirements applicable to seasonal and/or area closures, including but 
not limited to: Prohibition of all fishing, gear restrictions, 
restrictions on take or retention of fish, fish release requirements, 
and restrictions on use of an anchor or grapple, as specified in Secs.  
622.33, 622.34, 622.35, 622.49, or as may be specified under Sec.  
622.46(b) or (c).
* * * * *

    5. Section 622.49 is added to subpart C to read as follows:


Sec. 622.49  Activities prohibited in the EEZ surrounding Navassa 
Island.

    In the EEZ within 15 nm seaward from the baseline of Navassa 
Island, fishing for any species of fish is prohibited, and a fishing 
vessel may not anchor, use an anchor and chain, or use a grapple and 
chain. These prohibitions do not apply to vessels or citizens of the 
Republic of Haiti.
[FR Doc. 00-25479 Filed 10-3-00; 8:45 am]
BILLING CODE 3510-22-S