[Federal Register Volume 69, Number 86 (Tuesday, May 4, 2004)]
[Rules and Regulations]
[Pages 24532-24536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10072]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 031217320-4126-02; I.D. 112403D]
RIN 0648-AR66


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Extension of Marine Reserves

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

ACTION: Final rule.

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SUMMARY: NMFS issues final regulations to implement Amendment 21 to the 
Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf 
of Mexico (Amendment 21) prepared by the Gulf of Mexico Fishery 
Management Council (Council). These final regulations modify the 
fishing restrictions that apply within the Madison and Swanson sites 
and Steamboat Lumps marine reserves in the eastern Gulf of Mexico and 
extend the period of effectiveness of those restrictions through June 
16, 2010. The intended effect of these final regulations is to protect 
the spawning aggregations of species within these areas, prevent 
overfishing, and aid in the evaluation of the effectiveness of marine 
reserves as a management tool.

DATES: This final rule is effective June 3, 2004.

ADDRESSES: Copies of the Final Regulatory Flexibility Analysis (FRFA) 
and Regulatory Impact Review (RIR) may be obtained from Phil Steele, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702; telephone: 727-570-5305, fax: 727-570-5583, e-
mail: [email protected].

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

SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive 
economic zone (EEZ) of the Gulf of Mexico is managed under the FMP. The 
FMP was prepared by the Council and is implemented under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) by regulations at 50 CFR part 622.

Background

    The Madison and Swanson sites and Steamboat Lumps are located in 
the eastern Gulf of Mexico and encompass a total area of approximately 
219 square nautical miles (751 km\2\). The boundaries of the two areas 
are:

                        Madison and Swanson sites
NW corner.................................           29[deg]17' N. lat.,
                                                     85[deg]50' W. long.
NE corner.................................           29[deg]17' N. lat.,
                                                     85[deg]38' W. long.
SW corner.................................           29[deg]06' N. lat.,
                                                     85[deg]50' W. long.
SE corner.................................           29[deg]06' N. lat.,
                                                     85[deg]38' W. long.
------------------------------------------------------------------------


                             Steamboat Lumps
NW corner.................................           28[deg]14' N. lat.,
                                                     84[deg]48' W. long.
NE corner.................................           28[deg]14' N. lat.,
                                                     84[deg]37' W. long.
SW corner.................................           28[deg]03' N. lat.,
                                                     84[deg]48' W. long.
SE corner.................................           28[deg]03' N. lat.,
                                                     84[deg]37' W. long.
------------------------------------------------------------------------

    This final rule modifies the fishing restrictions that apply within 
the Madison and Swanson sites and Steamboat Lumps marine reserves and 
extends the period of effectiveness of those restrictions through June 
16, 2010. Specifically, within these marine reserves, this final rule: 
(1) prohibits the possession of Gulf reef fish year-round, except for 
possession aboard a vessel in transit with fishing gear appropriately 
stowed; (2) during November through April, prohibits all fishing and 
possession of any fish species, with exceptions for highly migratory 
pelagic species (billfish, sharks, swordfish and tunas other than 
blackfin tuna) and for fish possessed aboard a vessel in transit with 
fishing gear appropriately stowed; and (3) during May through October, 
restricts fishing activity to surface trolling only. Additional 
discussion of these measures and the rationale for them is provided in 
Amendment 21 and in the preamble to the proposed rule and is not 
repeated here.
    On December 10, 2003, NMFS announced the availability of Amendment 
21 and requested comments on it (68 FR 68854). NMFS published the 
proposed rule to implement Amendment 21 and requested comments on the 
proposed rule through February 19, 2004 (69 FR 310, January 5, 2004). 
NMFS approved Amendment 21 on March 3, 2004.

Comments and Responses

    NMFS received 14 comments on Amendment 21 supporting the 
continuation of the Madison-Swanson sites and Steamboat Lumps marine 
reserves. Additionally, three Council members jointly submitted a 
minority report objecting to various aspects of Amendment 21. Six 
comments were received on the proposed rule, including a minority 
report submitted by one Council member.
    Comment 1: Several commenters expressed concerns regarding the 
enforceability of the measures in Amendment 21 and the proposed rule. 
The principal enforcement concerns included the following: (1) the 
proposed fishing restrictions within the marine reserves would require 
at-sea enforcement and are, therefore, unenforceable; (2) allowing any 
fishing activity, i.e., seasonal surface trolling or fishing for HMS, 
in the marine reserves would render the applicable fishing restrictions 
unenforceable; (3) the definition of ``surface trolling'' is itself 
unenforceable because it defines the activity by criteria that 
enforcement agents cannot adequately monitor and assess, e.g., boat 
speed, visible wake; (4) allowing reef fish aboard a vessel

[[Page 24533]]

transiting the marine reserves would make the general prohibition on 
fishing for or possessing reef fish unenforceable; and (5) allowing any 
fishing activity in the marine reserves would not adequately prevent 
overfishing and would make achievement of optimum yield impossible.
    Response: At-sea enforcement is inherent in establishing marine 
reserves, regardless of the suite of restrictions applied, because 
area-specific determinations of violations are required. NMFS 
acknowledges the difficulty associated with at-sea enforcement and that 
some of the measures can be enforced more effectively than others; 
however, NMFS believes that, on balance, the combination of proposed 
measures is reasonably enforceable and will achieve the intended 
conservation benefits.
    The primary protective measures, i.e., restrictions on fishing for 
and possessing reef fish, can be enforced adequately. Specifically, the 
year-round prohibition on possession of reef fish can be enforced by a 
presence or absence determination. The only exception to the year-round 
prohibition (i.e., for a transiting vessel) is conditioned on specific 
requirements for non-stop progression through the area and gear-
specific requirements for stowing any fishing gear. The year-round 
prohibition on possession of all reef fish in the marine reserves, 
except aboard a vessel that is strictly transiting, is a key measure 
for protection of reef fish species and is a measure that is 
enforceable by U.S. Coast Guard (USCG) surface assets at sea. 
Similarly, during the November through April peak spawning periods, 
except for HMS species, the reserves are closed to all fishing and the 
possession of any fish species is prohibited, except for vessels that 
are only transiting the reserves. NMFS believes these measures can be 
adequately enforced by USCG surface assets at sea and will protect reef 
fish and the spawning aggregations during the period of greatest 
vulnerability. As to the claim that allowing HMS fishing activity would 
render the provisions unenforceable, the Council has requested, and 
NMFS's HMS Division is in the process of considering, options for the 
development of fishing restrictions consistent with those implemented 
by the Council. When adopted, such measures would further enhance 
enforceability by eliminating some of the exceptions to the Council's 
fishing restrictions and would provide protections that do not 
currently exist in the reserves.
    NMFS disagrees with the comments that allowance of limited surface 
trolling would render other restrictions unenforceable. Allowing 
seasonal surface trolling will have virtually no effect on the 
enforcement of some of the key protective measures, e.g., closure of 
the reserves to all fishing during the 6-month peak spawning period and 
year-round prohibitions on fishing for or possessing reef fish. The 
decision to allow limited surface trolling for 6 months of the year was 
supported by a majority of the Council members, who opposed a complete 
closure of the marine reserves to all fishing. Although allowing 
seasonal surface trolling will complicate enforcement somewhat during 
that 6-month period, NMFS believes that provision represents a 
reasonable balance of ensuring adequate conservation benefits while 
minimizing regulatory effects on an activity that is not expected to 
adversely affect reef fish species.
    NMFS believes that the definition of surface trolling is functional 
despite the fact that not all aspects of the definition may be easily 
observed by enforcement officers in all situations. Although the boat 
speed and visible wake are admittedly difficult to gauge from a 
distance, the definition also describes prohibited trolling gear that 
potentially would be readily observable by enforcement officers 
inspecting fishing vessels.
    NMFS does not believe that allowing reef fish aboard a vessel 
transiting the reserves will unduly compromise the general prohibition 
on fishing for or possessing reef fish. The stipulations requiring non-
stop progression through the area and detailed requirements for stowage 
of fishable gear are sufficiently stringent to prevent the fishing 
restrictions from being easily circumvented. Allowing vessels with reef 
fish and other fish species aboard to transit the reserves minimizes 
disruptions to the activities of vessels that do not fish in the 
reserves and alleviates potential safety-at-sea issues that could arise 
from requiring such vessels to spend extra time circumnavigating the 
reserves.
    NMFS disagrees with the comment that allowing any fishing activity 
in the reserves would result in a failure to prevent overfishing or to 
achieve optimum yield. Given the small size of the reserves and the 
minimal proportion of the overall fishing mortality that would be 
expected to occur there, it is very unlikely, even under a worst-case 
scenario, that fishing under the proposed restrictions would jeopardize 
the prevention of overfishing or achievement of optimum yield. The 
Madison and Swanson sites and Steamboat Lumps marine reserves were 
established to provide extended protection of spawning aggregations of 
gag in order to prevent overfishing and improve spawning success; 
provide protection for a portion of the offshore population of male 
gag, which has been substantially reduced in proportion to female gag 
since the 1970s; and allow for the continued evaluation of the effect 
and usefulness of marine reserves as a fishery management tool. 
Testimony from NMFS's scientists and other members of the scientific 
community indicates that fish populations have increased in the closed 
areas even though trolling for HMS has been allowed. After evaluating 
all available information, the Council determined that the effects of 
surface trolling on deep-reef fish species within the marine reserves 
would be minimal, as the surface trolling activities allowed in the 
proposed rule have been demonstrated generally to not interact with 
such species. NMFS believes that the combination of restrictive 
measures applied in the marine reserves can be enforced adequately and 
that such measures will contribute to the prevention of overfishing and 
to the achievement of optimum yield from the fishery.
    Comment 2: Several commenters suggested that the Council's action 
is inconsistent with the recommendations provided by its Scientific and 
Statistical Committee (SSC), Reef Fish Advisory Panel (AP), Law 
Enforcement Panel (LEP), and several environmental organizations to 
prohibit all fishing within the marine reserves.
    Response: In addition to considering the recommendations of the AP, 
SSC, LEP, and various non-governmental organizations, the Council is 
required to consider the mandates of the Magnuson-Stevens Act and all 
other applicable law. After evaluating all of these factors and the 
best scientific information available, the Council determined that 
allowing surface trolling only during those months outside the peak 
spawning periods of the relevant reef fish species and subject to 
reasonable restrictions designed to minimize potential impacts on reef 
fish would best balance the various mandates under the Magnuson-Stevens 
Act and other applicable law. This approach is designed to meet the 
conservation objectives while minimizing regulatory impacts to the 
extent practicable.
    Comment 3: Several commenters suggested that allowing surface 
trolling within the marine reserves ignores the interrelationship with 
the ecosystem and is inconsistent with NMFS's

[[Page 24534]]

emphasis on ecosystem-based management
    Response: NMFS's ecosystem-oriented management goals include 
maintaining biodiversity and ecological processes, maintaining and 
restoring habitats essential for fish and their prey, and maintaining 
system sustainability and sustainable yields for human consumption and 
non-extractive uses. Benefits of continuing the marine reserves at 
Madison-Swanson and Steamboat Lumps include protection of spawning 
aggregations of gag and other species from intervention by fishing 
gear, and protection of a portion of the male gag population year-
round. Further, protection of both spawning aggregations and a portion 
of the male population is an integral part of rebuilding gag 
populations to optimum yield levels. Additionally, the continued 
evaluation period proposed for the marine reserves will allow more 
research to be conducted into their effectiveness as a fishery and 
ecosystem management tool. As such, NMFS's support for the continuation 
of the marine reserves, including modification to the fishing 
restrictions within the marine reserves, reflects the agency's 
commitment to ecosystem-based fisheries management.
    Comment 4: Some commenters stated that the preferred alternative 
regarding the seasonal allowance of surface trolling in the marine 
reserves was stated in a confusing, unclear manner and, therefore, the 
implications were not adequately understood or analyzed prior to 
adoption by the Council.
    Response: Examination of the minutes from the Council's July 2003, 
meeting indicates that the adopted alternative (Alternative 6.2.1 as 
revised) was thoroughly analyzed by Council members before adoption. 
The draft amendment before Council members at the time of adoption 
contained a range of alternatives both more restrictive and less 
restrictive than the eventual preferred alternative. Consequently, 
members were aware of the potential impacts of their decision prior to 
selecting the alternative. The specific alternative was fully analyzed 
in the document submitted by the Council to NMFS. It was then subject 
to additional analysis by NMFS and extensive public comments via the 
plan amendment approval and proposed rule processes.
    Comment 5: Several commenters noted that the proposed regulations 
on fishing activities within the marine reserves would have a more 
restrictive effect on fishermen pursuing reef fish, which exhibit 
strong site fidelity, than on surface trollers targeting migratory 
pelagic species. There was concern that this was inequitable.
    Response: NMFS acknowledges the potential disparate effect of the 
closure on reef fish fishing activities compared to fishing activities 
associated with the harvest of migratory species. Surface trolling 
activity will be the only legal fishing activity during the part of the 
year when any fishing activity is allowed, and in that regard favors 
that type of fishing over other activities not allowed. However, any 
person who seeks to engage in such legal fishing activity during the 
fishing season may do so. Further, the closures were originally 
established specifically for the protection of reef fish species, which 
is adequately accomplished via the proposed alternative.
    Comment 6: Two commenters claimed that because the only allowed 
fishing activity within the marine reserves is surface trolling, the 
regulations would not allow fishers to fight or boat a fish caught 
while surface trolling.
    Response: The definition of ``surface trolling'' describes the only 
allowable method of fishing in the reserves as adopted by the Council. 
It does not directly address subsequent actions taken by fishermen that 
might include fighting or catch-and-release of fish species. However, 
the regulation does not make it illegal to boat, fight, or release fish 
caught while engaging in a legal fishing activity.

Classification

    The Assistant Administrator for Fisheries, NOAA, determined that 
Amendment 21, which this final rule implements, is necessary for the 
conservation and management of the Gulf reef fish fishery and is 
consistent with the national standards of the Magnuson-Stevens Act and 
other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared a FRFA for this final rule. A summary of the FRFA 
follows.
    The Magnuson-Stevens Act provides the statutory basis for the final 
rule. The rule will extend the designation of the Madison and Swanson 
sites and Steamboat Lumps as marine reserves for another 6 years from 
the current sunset date of June 16, 2004. Within the designated areas 
the rule will: prohibit possession of Gulf reef fish, except for 
possession aboard a vessel in transit with fishing gear appropriately 
stowed; prohibit fishing for and possession of any fish species during 
November through April, with exceptions for highly migratory species 
and for possession of fish aboard a vessel in transit with gear 
appropriately stowed; allow only surface trolling during May through 
October; and require vessels transiting the marine reserves in 
possession of fish, subject to an exemption, to comply with gear 
stowage requirements.
    The objectives of the final rule are to provide continued 
protection to spawning aggregations for gag, male gag, and other 
species within the reserves. A subsidiary objective of the final rule 
is to allow additional time for research to be conducted on the 
effectiveness of the two marine reserves as a fishery management tool. 
The Council believes that the achievement of these objectives can be 
best accomplished through an extension of the marine reserve 
designation for another 6 years.
    No significant issues were raised by public comments in response to 
the IRFA or related to the economic impacts of the proposed rule. 
Therefore, no changes were made in the final rule as a result of such 
comments.
    The final rule will not impose any changes in record-keeping for 
affected entities. Compliance requirements will change slightly by 
allowing the use of troll gear within the reserves and allowing vessels 
to transit the reserves. These changes will mitigate revenue losses 
from fishing restrictions within the reserves and reduce travel costs 
for vessels passing through the reserves.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. However, fishing restrictions within the reserves may pose 
coordination problems with respect to fishing provisions affecting 
highly migratory species.
    This final rule will impact both the commercial and recreational 
participants that traditionally harvested fish, provided recreational 
trips, or received harvested fish from these areas, or would be 
expected to do so upon sunset of the current designation. The specific 
fishing activities that historically occurred within the two marine 
reserves are unknown because no data have been collected at such a fine 
level of a geographic specificity. However, some characteristics of 
fishing activities can be inferred from fishing activities historically 
conducted in Statistical Areas 6 and 8, where the marine reserves are 
located. This approach likely overestimates the impacts of the final 
rule because participants likely have adjusted their fishing patterns. 
Adjustments in the estimation procedures incorporating consideration of 
water depth have been introduced to partially address this problem.

[[Page 24535]]

    Of the 1,338 boats that reported in their logbooks to have 
historically landed fish in the Gulf of Mexico, 356 boats harvested 
fish in Statistical Areas 6 or 8. These 356 boats include 59 vessels 
that harvest reef fish using fish traps. These trap vessels are not 
believed to have historically operated in the marine reserve areas 
since trap vessels generally operate in shallower waters. Eighty-seven 
dealers received fish that were harvested in Statistical Areas 6 or 8. 
There are 1,515 for-hire vessels with Gulf reef fish or coastal 
migratory pelagics permits. It cannot be determined, however, how many 
of these vessels actually fished in Statistical Areas 6 or 8. The rule 
is, thus, expected to directly affect 297 commercial fishing vessels, 
87 fish dealers/processors, and an unknown number of for-hire vessels.
    Average gross receipts of vessels in the eastern Gulf (those that 
likely fished in Statistical Areas 6 or 8) are estimated to range from 
$24,588 for low-volume vessels that fish with vertical line gear to 
$116,989 for high-volume vessels that fish with longline gear. Total 
employment by reef fish processors in the Southeast is estimated at 700 
individuals, both part and full time. Given that fish dealers are 
smaller business operations than processors, employment by any of the 
affected dealers is assumed less than 500 individuals. Average gross 
receipts for charterboats is estimated at $68,000 and $324,000 for 
headboats. A fishing business is considered a small entity by the Small 
Business Administration if it is independently owned and operated, not 
dominant in its field of operation, and has annual receipts not in 
excess of $3.5 million in the case of commercial harvesting entities or 
$6 million in the case of for-hire entities, or if it has fewer than 
500 employees in the case of fish processors, or fewer than 100 
employees in the case of fish dealers. All business entities directly 
affected by the rule are, therefore, considered to be small business 
entities.
    Assuming alternative sources of revenue have not been located 
during the current closure, the final rule is expected to continue to 
reduce total gross revenues of commercial fishing vessels by $352,000 
annually, based on pre-closure fishing information. This represents 
approximately 2 percent to 5 percent of gross revenues if equally 
divided among the 297 affected vessels. The revenue and profit profile 
for dealers is unknown. The projected reduction in ex-vessel sales 
($352,000) as a result of the final rule equals approximately 11 
percent of total shallow-water grouper revenues generated from harvests 
in Statistical Areas 6 and 8. It is unlikely, however, that any dealer 
with substantial business operations would be wholly dependent upon 
harvests from just these areas. Although there is some information on 
the revenues of for-hire vessels, information on for-hire vessel 
profits is unavailable, and the extent of for-hire vessel participation 
within the marine reserves is unknown. It is, therefore, not possible 
to provide an estimate of the impacts of the two marine reserves on the 
revenues and profits of for-hire vessels.
    The final rule is expected to produce unquantifiable lower impacts 
than current fishing restrictions because the rule will allow surface 
trolling within the two reserves for the months of May through October 
and will allow commercial and recreational vessels to transit the 
reserves, two activities that are not allowed under current 
regulations. This will allow both increased fishing activity for 
vessels that wish to fish the area and lower costs for vessels for 
vessels that wish to transit the restricted areas.
    Seven alternatives were considered for the continuation of the two 
marine reserves. The alternatives differ mainly on the sunset date of 
the marine reserve designation, with four alternatives identifying a 
specific sunset date and three alternatives establishing an indefinite 
sunset date. For any given set of fishing restrictions accompanying the 
continuation of the marine reserve designation, adverse impacts are 
greater the longer the restrictions remain in place. It is not possible 
to determine the relative impacts of the alternatives that specify an 
indeterminate duration since they lack a terminal point. With respect 
to those alternatives that have specific time durations, two 
alternatives provide shorter time horizons, and two provide longer time 
horizons than the final rule. Costs to small entities would be reduced 
under the no-extension or 4-year extension alternatives, whereas costs 
would increase under the longer extensions. The shorter extensions, 
however, would not provide sufficient time to assess the effects of the 
two marine reserves as a management tool and would not, therefore, 
achieve the Council's objectives.
    Six alternatives to the harvest restrictions were considered. In 
terms of impacts on revenues of small entities, these alternatives may 
be grouped into two groups, with the final alternative intermediate in 
severity of fishing restriction. The final rule will allow trolling 
within the reserves for 6 months of the year. Four alternatives were 
more restrictive than the final rule and would not reduce the adverse 
impacts. Two alternatives were less restrictive than the final rule and 
would allow trolling year-round. These alternatives would reduce the 
negative impacts of the rule but also would reduce the protection of 
gag spawners during the spawning months. Prohibition of all trolling, 
however, was determined to be excessive. The final rule is expected to 
best achieve the Council's objectives at the lowest possible cost.
    Two alternatives were considered relative to the seasonal duration 
of the fishing restrictions. These two alternatives would reduce the 
seasonal duration of the fishing restrictions and, therefore, reduce 
the negative effects of the fishing restrictions within the reserves. 
However, reducing the seasonal duration of the fishing restrictions 
reduces stock protection and increases the likelihood that the 
restrictions will not capture the seasonal variability of the spawning 
months for the target species. Annual application of the fishing 
restrictions is, therefore, necessary to achieve the objectives of the 
rule.
    Copies of the RIR and FRFA are available from NMFS (see ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: April 28, 2004.
Rebecca Lent
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
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

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  622.34, paragraph (k) is revised to read as follows:


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

* * * * *
    (k)Closure provisions applicable to the Madison and Swanson sites 
and Steamboat Lumps. (1)(i) The Madison and Swanson sites are bounded 
by rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
                     Point                       North lat.   West long.
------------------------------------------------------------------------
A.............................................   29[deg]17'   85[deg]50'
B.............................................   29[deg]17'   85[deg]38'
C.............................................   29[deg]06'   85[deg]38'

[[Page 24536]]

 
D.............................................   29[deg]06'   85[deg]50'
A.............................................   29[deg]17'   85[deg]50'
------------------------------------------------------------------------

    (ii) Steamboat Lumps is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                     Point                       North lat.   West long.
------------------------------------------------------------------------
A.............................................   28[deg]14'   84[deg]48'
B.............................................   28[deg]14'   84[deg]37'
C.............................................   28[deg]03'   84[deg]37'
D.............................................   28[deg]03'   84[deg]48'
A.............................................   28[deg]14'   84[deg]48'
------------------------------------------------------------------------

    (iii) The provisions of paragraphs (k)(2) through (6) of this 
section apply within the Madison and Swanson sites and Steamboat Lumps 
through June 16, 2010.
    (2) Possession of Gulf reef fish is prohibited, except for such 
possession aboard a vessel in transit with fishing gear stowed as 
specified in paragraph (k)(4) of this section.
    (3) During November through April, all fishing is prohibited, and 
possession of any fish species is prohibited, except for such 
possession aboard a vessel in transit with fishing gear stowed as 
specified in paragraph (k)(4) of this section. The provisions of this 
paragraph, (k)(3), do not apply to highly migratory species.
    (4) For the purpose of paragraph (k) of this section, transit means 
non-stop progression through the area; fishing gear appropriately 
stowed means -
    (i) A longline may be left on the drum if all gangions and hooks 
are disconnected and stowed below deck. Hooks cannot be baited. All 
buoys must be disconnected from the gear; however, buoys may remain on 
deck.
    (ii) A trawl net may remain on deck, but trawl doors must be 
disconnected from the trawl gear and must be secured.
    (iii) A gillnet must be left on the drum. Any additional gillnets 
not attached to the drum must be stowed below deck.
    (iv) A rod and reel must be removed from the rod holder and stowed 
securely on or below deck. Terminal gear (i.e., hook, leader, sinker, 
flasher, or bait) must be disconnected and stowed separately from the 
rod and reel. Sinkers must be disconnected from the down rigger and 
stowed separately.
    (5) During May through October, surface trolling is the only 
allowable fishing activity. For the purpose of this paragraph (k)(5), 
surface trolling is defined as fishing with lines trailing behind a 
vessel which is in constant motion at speeds in excess of four knots 
with a visible wake. Such trolling may not involve the use of down 
riggers, wire lines, planers, or similar devices.
    (6) For the purpose of paragraph (k) of this section, fish means 
finfish, mollusks, crustaceans, and all other forms of marine animal 
and plant life other than marine mammals and birds. Highly migratory 
species means tuna species, marlin (Tetrapturus spp. and Makaira spp.), 
oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias 
gladius).
* * * * *
[FR Doc. 04-10072 Filed 5-3-03; 8:45 am]
BILLING CODE 3510-22-S