[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Rules and Regulations]
[Pages 47467-47470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18308]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 622, 635, 640, and 654

[Docket No. 010410086-2165-02; I.D. 020801A]
RIN 0648-AN83


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Amendment to the Fishery Management Plans of the Gulf of Mexico

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 the Generic Amendment 
Addressing the Establishment of the Tortugas Marine Reserves in the 
Fishery Management Plans of the Gulf of Mexico (Tortugas Amendment), as 
prepared by the Gulf of Mexico Fishery Management Council (Gulf of 
Mexico Council). This action will provide enhanced protections for 
existing marine reserves in the vicinity of the Dry Tortugas, Florida, 
and is taken under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). This final rule 
complements regulations previously issued by NOAA under the authority 
of the National Marine Sanctuary Act by better informing the public of 
applicable restrictions and providing enhanced enforcement authority 
and stricter penalties for violations. Consistent with NOAA's existing 
regulations, these regulations prohibit fishing for any species and 
anchoring by fishing vessels within the reserves. The intended effect 
is to inform the public of these restrictions and to further protect 
and conserve important marine resources.

DATES: This final rule is effective August 19, 2002.

FOR FURTHER INFORMATION CONTACT: Peter Eldridge, phone: 727-570-5305; 
fax: 727-570-5583; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Gulf of Mexico fisheries for coastal 
migratory pelagics, coral and coral reefs, red drum, reef fish, shrimp, 
spiny lobster, and stone crab are managed under fishery management 
plans (FMPs) prepared by the Gulf of Mexico Council and approved and 
implemented by NMFS. These FMPs were prepared solely by the Gulf of 
Mexico Council, with the exception of the FMPs for coastal

[[Page 47468]]

migratory pelagics and spiny lobster that were prepared jointly by the 
Gulf of Mexico Council and the South Atlantic Fishery Management 
Council (South Atlantic Council).
    The Tortugas Amendment amends the following FMPs: Fishery 
Management Plan for Coral and Coral Reefs of the Gulf of Mexico; 
Fishery Management Plan for the Red Drum Fishery of the Gulf of Mexico; 
Fishery Management Plan for the Stone Crab Fishery of the Gulf of 
Mexico; Fishery Management Plan for the Shrimp Fishery of the Gulf of 
Mexico; Fishery Management Plan for the Reef Fish Resources of the Gulf 
of Mexico; Fishery Management Plan for Coastal Migratory Pelagic 
Resources of the Gulf of Mexico and South Atlantic; and Fishery 
Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and 
South Atlantic. All of these FMPs, except the FMPs for spiny lobster 
and stone crab, are implemented under the authority of the Magnuson-
Stevens Act by regulations at 50 CFR part 622. The FMP for spiny 
lobster is implemented by regulations at 50 CFR part 640; the FMP for 
stone crab is implemented by regulations at 50 CFR part 654.
    On March 7, 2001, NMFS published a notice of availability of the 
Tortugas Amendment and requested comments on the amendment (66 FR 
13692). On June 6, 2001, NMFS approved those Tortugas Amendment 
measures that amend the FMPs for coral and coral reefs, red drum, stone 
crab, shrimp, and reef fish. On July 19, 2001, NMFS announced the 
availability of the Tortugas Amendment management measures that would 
amend the FMPs for coastal migratory pelagic resources and for spiny 
lobster and requested comments on those measures (66 FR 37635). NMFS 
approved those measures on October 16, 2001. A proposed rule to 
implement all measures included in the Tortugas Amendment, with a 
request for comments through March 25, 2002, was published on February 
7, 2002 (67 FR 5780). The background and rationale for the measures in 
the Tortugas Amendment and proposed rule are contained in the preamble 
to the proposed rule and are not repeated here.

Comments and Responses

    NMFS received three general comments in support of the Tortugas 
Amendment during the public comment period on the amendment. NMFS has 
approved the amendment. One comment supporting the specific aspects of 
the proposed rule was received during the comment period on the 
proposed rule.
    Comment: An environmental organization supported all the measures 
in the proposed rule, including a prohibition on fishing for highly 
migratory species. They stated that they would vigorously oppose 
anything less than the protections currently included in the proposed 
rule. They commented that the proposed measures were crucial to help 
maintain and rebuild fish populations; protect corals and maintain a 
functioning ecological whole system; and to provide effective 
enforcement of the current no-take regulations in that area.
    Response: NMFS notes that fishing for any species, including highly 
migratory species, and anchoring by fishing vessels is prohibited in 
the Tortugas marine reserves.

Classification

    The Administrator, Southeast Region, NMFS determined that the 
Tortugas Amendment is necessary for the conservation and management of 
fisheries resources in the Gulf of Mexico and that it is consistent 
with the national standards of the Magnuson-Stevens Act and other 
applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed rule for this action would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for the certification was published in the proposed 
rule. No comments were received regarding this certification. As a 
result, a regulatory flexibility analysis was not prepared.
    The Council prepared a final supplemental environmental impact 
statement (FSEIS) for the Tortugas Amendment that was filed with the 
Environmental Protection Agency for public review and comment. A notice 
of its availability for public comment for 30 days was published in the 
Federal Register on March 16, 2001 (66 FR 15241). According to the 
FSEIS, the elimination of consumptive uses within the marine reserves 
will protect essential fish habitat from fishery-related impacts and 
eliminate fishing mortality. Establishment of the marine reserves may 
result in many benefits to the ecosystem, including increased size and 
abundance of marine species. This may potentially improve reproductive 
success which could enhance recruitment to other areas of the Gulf of 
Mexico and the Florida Keys. The FSEIS states that although commercial 
and recreational fishermen could experience increased costs because of 
further restrictions on their activities within the marine reserves, 
they and non-consumptive users are expected to realize long-term 
benefits resulting from the maintenance of healthy and diverse marine 
ecosystems. It is noted that following NMFS' publication in the Federal 
Register of the notice of availability of the Tortugas Amendment for 
public comment, the FKNMS regulations became effective, thereby 
prohibiting all commercial and recreational fishing in the marine 
reserve areas. Accordingly, this final rule should not impact 
commercial and recreational fishermen in terms of a new prohibition on 
fishing and anchoring in the reserves.

List of Subjects

50 CFR Part 622

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

50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

50 CFR Part 640

    Fisheries, Fishing, Incorporation by reference, Reporting and 
recordkeeping requirements.

50 CFR Part 654

    Fisheries, Fishing.

    Dated: July 15, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 622, 635, 
640, and 654 are 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. 622.34, paragraph (d) is revised to read as follows:


Sec. 622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (d) Tortugas marine reserves. The following activities are 
prohibited within the Tortugas marine reserves: Fishing for any species 
and anchoring by fishing vessels.
    (1) EEZ portion of Tortugas North. The area is bounded by rhumb 
lines

[[Page 47469]]

connecting the following points: From point A at 24 deg.40'00'' N. 
lat., 83 deg.06'00'' W. long. to point B at 24 deg.46'00'' N. lat., 
83 deg.06'00'' W. long. to point C at 24 deg.46'00'' N. lat., 
83 deg.00'00'' W. long.; thence along the line denoting the seaward 
limit of Florida's waters, as shown on the current edition of NOAA 
chart 11438, to point A at 24 deg.40'00'' N. lat., 83 deg.06'00'' W. 
long.
    (2) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

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                             Point                                     North lat.               West long.
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A                                                                        24 deg.33'00''           83 deg.09'00''
B                                                                        24 deg.33'00''           83 deg.05'00''
C                                                                        24 deg.18'00''           83 deg.05'00''
D                                                                        24 deg.18'00''           83 deg.09'00''
A                                                                        24 deg.33'00''           83 deg.09'00''
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* * * * *

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    3. The authority citation for part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
    4. In Sec. 635.21, paragraph (a)(4) is added to read as follows:


Sec. 635.21  Gear operation and deployment restrictions.

    (a) * * *
    (4) No person may fish for, catch, possess or retain any Atlantic 
highly migratory species or anchor a fishing vessel, issued a permit or 
required to be permitted under this part, in the areas designated at 
Sec. 622.34(d) of this chapter.
* * * * *

    5. In Sec. 635.71, paragraph (a)(30) is revised to read as follows:


Sec. 635.71  Prohibitions.

* * * * *
    (a) * * *
    (30) Deploy or fish with any fishing gear from a vessel or anchor a 
fishing vessel, permitted or required to be permitted under this part, 
in any closed area as specified at Sec. 635.21.
* * * * *

PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH 
ATLANTIC

    6. The authority citation for part 640 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    7. In Sec. 640.7, paragraph (v) is added to read as follows:


Sec. 640.7  Prohibitions.

* * * * *
    (v) Fish for any species or anchor a fishing vessel in a marine 
reserve as specified in Sec. 640.26.

    8. Section 640.26 is added to subpart B to read as follows:


Sec. 640.26  Tortugas marine reserves.

    The following activities are prohibited within the Tortugas marine 
reserves: Fishing for any species and anchoring by fishing vessels.
    (a) EEZ portion of Tortugas North. The area is bounded by rhumb 
lines connecting the following points: From point A at 24 deg.40'00'' 
N. lat., 83 deg.06'00'' W. long. to point B at 24 deg.46'00'' N. lat., 
83 deg.06'00'' W. long. to point C at 24 deg.46'00'' N. lat., 
83 deg.00'00'' W. long.; thence along the line denoting the seaward 
limit of Florida's waters, as shown on the current edition of NOAA 
chart 11438, to point A at 24 deg.40'00'' N. lat., 83 deg.06'00'' W. 
long.
    (b) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

----------------------------------------------------------------------------------------------------------------
                             Point                                     North lat.               West long.
----------------------------------------------------------------------------------------------------------------
A                                                                        24 deg.33'00''           83 deg.09'00''
B                                                                        24 deg.33'00''           83 deg.05'00''
C                                                                        24 deg.18'00''           83 deg.05'00''
D                                                                        24 deg.18'00''           83 deg.09'00''
A                                                                        24 deg.33'00''           83 deg.09'00''
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PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO

    9. The authority citation for part 654 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    10. In Sec. 654.7, paragraph (o) is added to read as follows:


Sec. 654.7  Prohibitions.

* * * * *
    (o) Fish for any species or anchor a fishing vessel in a marine 
reserve as specified in Sec. 654.28.

    11. Section 654.28 is added to subpart B to read as follows:


Sec. 654.28  Tortugas marine reserves.

    The following activities are prohibited within the Tortugas marine 
reserves: Fishing for any species and anchoring by fishing vessels.
    (a) EEZ portion of Tortugas North. The area is bounded by rhumb 
lines connecting the following points: From point A at 24 deg.40'00'' 
N. lat., 83 deg.06'00'' W. long. to point B at 24 deg.46'00'' N. lat., 
83 deg.06'00'' W. long. to point C at 24 deg.46'00'' N. lat., 
83 deg.00'00'' W. long.; thence along the line denoting the seaward 
limit of Florida's waters, as shown on the current edition of NOAA 
chart 11438, to point A at 24 deg.40'00'' N. lat., 83 deg.06'00'' W. 
long.
    (b) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

----------------------------------------------------------------------------------------------------------------
                             Point                                     North lat.               West long.
----------------------------------------------------------------------------------------------------------------
A                                                                        24 deg.33'00''           83 deg.09'00''
B                                                                        24 deg.33'00''           83 deg.05'00''
C                                                                        24 deg.18'00''           83 deg.05'00''
D                                                                        24 deg.18'00''           83 deg.09'00''

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A                                                                        24 deg.33'00''           83 deg.09'00''
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[FR Doc. 02-18308 Filed 7-18-02; 8:45 am]
BILLING CODE 3510-22-S