[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Proposed Rules]
[Pages 21493-21497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10737]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

50 CFR Part 640

[Docket No. 950424112-5112-01; I.D. 032095B]
RIN 0648-AF37


Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; 
Amendment 4

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

ACTION: Proposed rule.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 4 to the 
Fishery Management Plan for the Spiny Lobster Fishery of the Gulf of 
Mexico and South Atlantic (FMP). Amendment 4 would allow the harvest of 
spiny lobster year-round and establish a daily bag or possession limit 
of two spiny lobster per person in the exclusive economic zone (EEZ) 
off the southern Atlantic states, other than Florida (i.e., EEZ off 
North Carolina, South Carolina, and Georgia).

DATES: Written comments must be received on or before June 12, 1995.

ADDRESSES: Comments on the proposed rule must be sent to the Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702.
    Requests for copies of Amendment 4, which includes a regulatory 
impact review and an environmental assessment, and the FMP, should be 
sent to the Gulf of Mexico Fishery Management Council, 5401 W. Kennedy 
Boulevard, Suite 331, Tampa, FL 33609-2486, FAX 813-225-7015, or to the 
South Atlantic Fishery Management Council, Southpark Building, One 
Southpark Circle, Suite 306, Charleston, SC 29407-4699, FAX 803-769-
4520.

[[Page 21494]] FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-
570-5305.

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (Gulf Council) and the South Atlantic 
Fishery Management Council (South Atlantic Council) and is implemented 
through regulations at 50 CFR part 640 under the authority of the 
Magnuson Fishery Conservation and Management Act (Magnuson Act).

Amendment 4

    The FMP currently provides for a commercial and recreational 
fishing season throughout the Gulf of Mexico and South Atlantic of 
August 6 through March 31, except for a 2-day special recreational 
season in July. During the August 6 through March 31 season, there are 
no bag or possession limits in the commercial fishery and recreational 
fishermen are limited to six spiny lobster per person per day. In the 
EEZ off the southern Atlantic states, other than Florida, Amendment 4 
would (1) allow the take of spiny lobster year-round, and (2) establish 
a daily bag or possession limit of two spiny lobster per person in both 
the recreational and commercial fisheries. The purpose of Amendment 4 
is to allow fishermen in the EEZ north of Florida to harvest the 
resource during the warm-weather months when the season currently is 
closed.
    Commercial and recreational landings of spiny lobster outside 
Florida are negligible. According to the NMFS Accumulated Landings 
Database, no landings from spiny lobster traps have been reported from 
North Carolina or South Carolina since 1990. Since 1990, only 78.0 lb 
(35.4 kg) were reported landed from traps in Georgia. Commercial spiny 
lobster divers in North Carolina took an estimated 288.0 lb (130.6 kg) 
in 1992 and, in 1993, the only reported harvest by commercial divers 
north of Florida was 1,334 lb (605 kg) landed in South Carolina.
    According to NMFS' 1991 Marine Recreational Fisheries Statistics 
Survey, no spiny lobster recreational trips were reported in South 
Carolina and Georgia during a survey of southeastern states other than 
Florida. However, another study conducted by NMFS in 1993 attempted 
specifically to characterize the directed and incidental take of spiny 
lobster by sport divers in offshore waters of the southeastern states. 
This study involved a telephone survey of dive shops and clubs and 
indicated that a small number of spiny lobster were harvested by 
recreational divers in North Carolina, South Carolina, and Georgia.
    According to testimony of North Carolina recreational fishermen 
before the South Atlantic Council, the fishery takes place about 30 
nautical miles (55.6 km) offshore in at least 100 ft (30.5 m) of water. 
A typical dive trip at these depths lasts about 30 minutes. Lobsters 
harvested ranged from 2 to 16 lb (0.9 to 7.3 kg). Divers believe that 
the spawning season off North Carolina does not begin until July, due 
to the colder water temperatures. They reported seeing egg-bearing 
lobsters as late as September and early October. Amendment 4 would not 
change the current prohibition on taking egg-bearing female lobsters.
    The Gulf Council and the South Atlantic Council (Councils) have 
concluded that a year-round daily harvest limit of two spiny lobster 
per person north of Florida will allow recreational fishermen to catch 
spiny lobster during the months when the weather is favorable. There is 
scientific debate regarding the biological status and population 
dynamics of spiny lobsters in waters north of Florida, including the 
issue of recruitment and the fate of larvae from the adult population 
in this area. However, based on the best available scientific 
information, the Councils believe that allowing a limited year-round 
harvest in the subject area will have no adverse biological impacts on 
the lobster resource.
    The Councils have concluded that the proposed action is consistent 
with the FMP's objective to protect long-run yields and prevent 
depletion of lobster stocks, because lowering the daily recreational 
limit from six to two and establishing a commercial harvest limit would 
prevent significant increases in fishing mortality. If Amendment 4 is 
implemented, the South Atlantic Council would monitor the level of 
spiny lobster harvests north of Florida and lower the daily limit, if 
necessary.
    Additional background and rationale for the measures discussed 
above are contained in Amendment 4, the availability of which was 
announced in the Federal Register on March 27, 1995, (60 FR 15743).

Additional Measures Proposed by NMFS

    Pursuant to the FMP's framework procedure for implementing 
specified gear and harvest restrictions, certain portions of Florida's 
management scheme were incorporated by reference into these Federal 
regulations on November 30, 1992 (57 FR 56516) and October 21, 1994 (59 
FR 53118). A full description of the Florida measures was contained in 
the preamble to the proposed rule incorporating those measures (57 FR 
32956, July 24, 1992). At the time these State statutes and regulations 
were incorporated, specific reference to the incorporation was not 
mentioned in the regulatory text. To ensure that the incorporation by 
reference meets procedural specifications for the Office of the Federal 
Register, NMFS adds appropriate language to sections 640.4(a)(1), 
640.6(a), 640.20(c), and 640.22(b)(3), with references to the State 
statutes and regulations as recodified in 1994.
    NMFS proposes a technical amendment to section 640.22 to correct 
and conform current regulations to the original FMP, which prohibited 
the use by divers, not by hook-and-line fishermen, of gear containing 
hooks. (See section 12.4.1, Measures Proposed for Adoption, Fishery 
Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and 
South Atlantic, March 1982, pages 12-20). Gear such as spears, and 
spear-like devices with a hook on the end, were originally prohibited 
because divers using such gear were unable to accurately gauge the size 
of lobsters prior to mortally puncturing them. Such lobsters frequently 
turn out to be undersized. However, the language of the prohibition in 
the current regulations precludes harvest or retention of a spiny 
lobster taken unintentionally in a hook-and-line fishery for other 
species.
    The technical amendment will allow fishermen using hook-and-line 
gear to retain lobsters incidentally harvested with such gear. 
According to the administrative record, the occurrence of spiny lobster 
harvest by hook-and-line fishermen is quite rare and occurs primarily 
aboard headboats operating north of Florida. The record further shows 
that lobsters harvested in that area are much larger than the current 
minimum size limit. Therefore, allowing retention of spiny lobsters 
harvested by hook-and-line fishermen should not increase the mortality 
of undersized lobsters. However, to enhance enforceability of the 
intended prohibition, that is, the prohibition on intentional hooking 
of spiny lobsters with prohibited gear, a spiny lobster that is taken 
by hook and line could not be retained aboard a vessel that has 
prohibited gear aboard.

Classification

    Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish 
regulations proposed by a council within 15 days of receipt of an 
amendment and regulations. At this time, NMFS has not determined that 
Amendment 4 is consistent with the [[Page 21495]] national standards, 
other provisions of the Magnuson Act, and other applicable laws. NMFS, 
in making that determination, will take into account the data, views, 
and comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and 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. The year-round daily harvest limit of two 
spiny lobster north of Florida would not: (1) Reduce annual gross 
revenues in excess of 5 percent, (2) significantly increase compliance 
or production costs of participants, (3) require capital investment to 
comply with the rule, or (4) require a current participant to cease 
business. All entities involved are small entities. As a result, a 
regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 640
    Fisheries, Fishing, Incorporation by reference, Reporting and 
recordkeeping requirements.

    Dated: April 26, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 640 is 
proposed to be amended as follows:
PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH 
ATLANTIC
    1. The authority citation for part 640 continues to read as 
follows:

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

    2. In Sec. 640.2, definitions for ``Off the Gulf states, other than 
Florida'' and ``Off the southern Atlantic states, other than Florida'' 
are added, in alphabetical order, to read as follows:


Sec. 640.2  Definitions.

* * * * *
    Off the Gulf states, other than Florida means the area from the 
coast to the outer limit of the EEZ between the Texas/Mexico border to 
the Alabama/Florida boundary (87 deg.31'06'' W. long.).
    Off the southern Atlantic states, other than Florida means the area 
from the coast to the outer limit of the EEZ between the Virginia/North 
Carolina boundary (36 deg.34'55'' N. lat.) to the Georgia/Florida 
boundary (30 deg.42'45.6'' N. lat.).
* * * * *
    3. In Sec. 640.4, paragraph (a)(1) is revised to read as follows:
Sec. 640.4  Permits and fees.

    (a) * * *
    (1) Licenses, certificates, and permits.
    (i) EEZ off Florida and spiny lobster landed in Florida. For a 
person to sell, trade, or barter, or attempt to sell, trade, or barter, 
a spiny lobster harvested or possessed in the EEZ off Florida, or 
harvested in the EEZ other than off Florida, and landed from a fishing 
vessel in Florida, or for a person to be exempt from the daily bag and 
possession limit specified in Sec. 640.23(b)(1) for such spiny lobster, 
such person must have the licenses and certificates specified to be a 
``commercial harvester,'' as defined in Rule 46-24.002(2), Florida 
Administrative Code, in effect as of June 1, 1994. This incorporation 
by reference has been submitted to the Director of the Office of the 
Federal Register for approval in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Copies may be obtained from the Florida Marine Fisheries 
Commission, 2540 Executive Center Circle West, Suite 106, Tallahassee, 
FL 32301; telephone: 904-487-0554. Copies may be inspected at the 
Office of the Regional Director; the Office of Fisheries Conservation 
and Management, NMFS, 1315 East-West Highway, Silver Spring, MD 20910; 
or the Office of the Federal Register, 800 North Capitol Street, NW, 
Suite 700, Washington, DC.
    (ii) EEZ other than off Florida. For a person to sell, trade, or 
barter, or attempt to sell, trade, or barter, a spiny lobster harvested 
in the EEZ other than off Florida or for a person to be exempt from the 
daily bag and possession limit specified in Sec. 640.23(b)(1) for such 
spiny lobster, a Federal vessel permit must be issued to the harvesting 
vessel and must be on board. However, see paragraph (a)(1)(i) of this 
section for the licenses and certificates required for a person to 
possess or land spiny lobster harvested in the EEZ other than off 
Florida and subsequently possessed in the EEZ off Florida or landed 
from a fishing vessel in Florida.
* * * * *
    4. In Sec. 640.6, in paragraph (c), the word ``Secretary'' is 
revised to read ``Assistant Administrator'' and paragraph (a) is 
revised to read as follows:


Sec. 640.6  Vessel and gear identification.

    (a) EEZ off Florida. (1) An owner or operator of a vessel that is 
used to harvest spiny lobsters by traps in the EEZ off Florida must 
comply with the vessel and gear identification requirements applicable 
to the harvesting of spiny lobsters by traps in Florida's waters in 
Sections 370.14 and 370.142, Florida Statutes, in effect as of July 1, 
1994, and in Rule 46-24.006(3), (4), and (5), Florida Administrative 
Code, in effect as of June 1, 1994.
    (2) An owner or operator of a vessel that is used to harvest spiny 
lobsters by diving in the EEZ off Florida must comply with the vessel 
identification requirements applicable to the harvesting of spiny 
lobsters by diving in Florida's waters in Rule 46-24.006(6), Florida 
Administrative Code, in effect as of June 1, 1994.
    (3) The incorporation by reference in paragraphs (a)(1) and (a)(2) 
of this section of Sections 370.14 and 370.142, Florida Statutes, and 
Rule 46-24.006(3), (4), (5), and (6), Florida Administrative Code, has 
been submitted to the Director of the Office of the Federal Register 
for approval in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from the Florida Marine Fisheries Commission, 
2540 Executive Center Circle West, Suite 106, Tallahassee, FL 32301; 
telephone: 904-487-0554. Copies may be inspected at the Office of the 
Regional Director; the Office of Fisheries Conservation and Management, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910; or the Office of 
the Federal Register, 800 North Capitol Street, NW, Suite 700, 
Washington, DC.
* * * * *
Sec. 640.7  [Amended]

    5. In Sec. 640.7, in paragraph (e), the reference to ``Sec. 640.20 
(c)(1) and (c)(2)'' is revised to read ``Sec. 640.20(b)(3)(i) and 
(b)(3)(ii)''; in paragraph (f), the reference to ``Sec. 640.20(d)'' is 
revised to read ``Sec. 640.20(b)(4)''; in paragraph (p), the reference 
to ``Sec. 640.23(a) or (b)'' is revised to read ``Sec. 640.23(a), 
(b)(1), or (b)(2)'' and the reference to ``Sec. 640.23(c) and (d)'' is 
revised to read ``Sec. 640.23(b)(3) and (b)(4)''; in paragraph (q), the 
reference to ``Sec. 640.23(d)'' is revised to read 
``Sec. 640.23(b)(4)''; in paragraph (r), the reference to 
``Sec. 640.23(g)'' is revised to read ``Sec. 640.23(d)''; and in 
paragraph (s), the reference to ``Sec. 640.23(h)'' is revised to read 
``Sec. 640.23(e)''.
    6. Section 640.20 is revised to read as follows:
Sec. 640.20  Seasons.

    (a) EEZ off the southern Atlantic states, other than Florida. In 
the EEZ off the southern Atlantic states, other than Florida, there are 
no seasonal restrictions on the harvest of spiny lobster or on the 
possession of traps. [[Page 21496]] 
    (b) EEZ off Florida and off the Gulf states, other than Florida.
    (1) Commercial and recreational fishing season. The commercial and 
recreational fishing season for spiny lobster in the EEZ off Florida 
and the EEZ off the Gulf states, other than Florida, begins on August 6 
and ends on March 31.
    (2) Special recreational fishing seasons.
    (i) EEZ off Florida. There is a 2-day special recreational fishing 
season in the EEZ off Florida on the last Wednesday and successive 
Thursday of July each year during which fishing for spiny lobster is 
limited to diving or use of a bully net or hoop net. (See 
Sec. 640.22(a) for general prohibitions on gear and methods.) In the 
EEZ off Monroe County, Florida, no person may harvest spiny lobster by 
diving at night, that is, from 1 hour after official sunset to 1 hour 
before official sunrise, during this 2-day special recreational fishing 
season.
    (ii) EEZ off the Gulf states, other than Florida. There is a 2-day 
special recreational fishing season in the EEZ off the Gulf states, 
other than Florida, during the last Saturday and successive Sunday of 
July each year during which fishing for spiny lobster may be conducted 
by authorized gear and methods other than traps. (See Sec. 640.22(a) 
for general prohibitions on gear and methods.)
    (3) Possession of traps.
    (i) In the EEZ off Florida, the rules and regulations applicable to 
the possession of spiny lobster traps in Florida's waters in Rule 46-
24.005(3), (4), and (5), Florida Administrative Code, in effect as of 
June 1, 1994, apply in their entirety to the possession of spiny 
lobster traps in the EEZ off Florida. This incorporation by reference 
has been submitted to the Director of the Office of the Federal 
Register for approval in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from the Florida Marine Fisheries 
Commission, 2540 Executive Center Circle West, Suite 106, Tallahassee, 
FL 32301; telephone: 904-487-0554. Copies may be inspected at the 
Office of the Regional Director; the Office of Fisheries Conservation 
and Management, NMFS, 1315 East-West Highway, Silver Spring, MD 20910; 
or the Office of the Federal Register, 800 North Capitol Street, NW, 
Suite 700, Washington, DC.
    (ii) In the EEZ off the Gulf states, other than Florida, a spiny 
lobster trap may be placed in the water prior to the commercial and 
recreational fishing season specified in paragraph (b)(1) of this 
section beginning on August 1 and must be removed from the water after 
such season not later than April 5.
    (iii) A spiny lobster trap, buoy, or rope in the EEZ off Florida or 
the EEZ off the Gulf states, other than Florida, during periods not 
authorized in paragraphs (b)(3)(i) and (b)(3)(ii) of this section will 
be considered unclaimed or abandoned property and may be disposed of in 
any manner considered appropriate by the Assistant Administrator or an 
authorized officer. An owner of such trap, buoy, or rope remains 
subject to appropriate civil penalties.
    (4) Possession of spiny lobsters. A spiny lobster or part thereof 
in or from the EEZ off Florida or the EEZ off the Gulf states, other 
than Florida, may be possessed only during the periods specified in 
paragraphs (b)(1) and (b)(2) of this section, unless accompanied by 
proof of lawful harvest in the waters of a foreign nation. A spiny 
lobster in a trap in the water during a time such trap is authorized to 
be in the EEZ off Florida or the EEZ off the Gulf states, other than 
Florida, under paragraph (b)(3)(i) or (b)(3)(ii) of this section will 
not be deemed to be possessed provided such spiny lobster is returned 
immediately to the water unharmed when a trap is removed from the water 
during such time.
    (c) Primacy of seasonal restrictions in the EEZ off Florida. The 
seasonal restrictions on possession of a spiny lobster or trap in the 
EEZ off Florida apply to all spiny lobsters and traps, including spiny 
lobsters that may have been lawfully harvested from or traps that may 
have been lawfully used in the EEZ other than off Florida.
    7. In Sec. 640.22, a sentence is added to the end of paragraph 
(a)(1) and paragraph (b)(3)(i) is revised to read as follows:


Sec. 640.22  Gear and diving restrictions.

    (a) * * *
    (1) * * * Hook, as used in this paragraph (a)(1), does not include 
a hook in a hook-and-line fishery for species other than spiny lobster; 
and possession of a spiny lobster that has been speared, pierced, or 
punctured by such hook is not considered evidence that prohibited gear 
was used to take the spiny lobster, provided no prohibited gear is on 
board the vessel.
* * * * *
    (b) * * *
    (3) * * *
    (i) For traps in the EEZ off Florida, by the Florida Division of 
Law Enforcement, Department of Environmental Protection, in accordance 
with the procedures in Rule 46-24.006(7), Florida Administrative Code, 
in effect as of June 1, 1994. This incorporation by reference has been 
submitted to the Director of the Office of the Federal Register for 
approval in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from the Florida Marine Fisheries Commission, 2540 
Executive Center Circle West, Suite 106, Tallahassee, FL 32301; 
telephone: 904-487-0554. Copies may be inspected at the Office of the 
Regional Director; the Office of Fisheries Conservation and Management, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910; or the Office of 
the Federal Register, 800 North Capitol Street, NW, Suite 700, 
Washington, DC.
* * * * *
    8. Section 640.23 is revised to read as follows:


Sec. 640.23  Bag/possession limits.

    (a) EEZ off the southern Atlantic states, other than Florida. The 
daily bag or possession limit for spiny lobster in or from the EEZ off 
the southern Atlantic states, other than Florida, is two per person for 
commercial and recreational fishing, year-round.
    (b) EEZ off Florida and off the Gulf states, other than Florida.
    (1) Commercial and recreational fishing season. Except as specified 
in paragraphs (b)(3) and (b)(4) of this section, during the commercial 
and recreational fishing season specified in Sec. 640.20(b)(1), the 
daily bag or possession limit of spiny lobster in or from the EEZ off 
Florida and off the Gulf states, other than Florida, is six per person.
    (2) Special recreational fishing seasons. During the special 
recreational fishing seasons specified in Sec. 640.20(b)(2), the daily 
bag or possession limit of spiny lobster--
    (i) In or from the EEZ off the Gulf states, other than Florida, is 
six per person;
    (ii) In or from the EEZ off Florida other than off Monroe County, 
Florida, is twelve per person; and
    (iii) In or from the EEZ off Monroe County, Florida, is six per 
person.
    (3) Exemption from the bag/possession limit. During the commercial 
and recreational fishing season specified in Sec. 640.20(b)(1), a 
person is exempt from the bag and possession limit specified in 
paragraph (a) of this section, provided--
    (i) The harvest of spiny lobsters is by diving, or by the use of a 
bully net, hoop net, or spiny lobster trap; and
    (ii) The vessel from which the person is operating has on board the 
required licenses, certificates, or permits, as specified in 
Sec. 640.4(a)(1). [[Page 21497]] 
    (4) Harvest by net or trawl. During the commercial and recreational 
fishing season specified in Sec. 640.20(b)(1), aboard a vessel with the 
required licenses, certificates, or permits specified in 
Sec. 640.4(a)(1) that harvests spiny lobster by net or trawl or has on 
board a net or trawl, the possession of spiny lobster in or from the 
EEZ off Florida and off the Gulf states, other than Florida, may not 
exceed at any time 5 percent, whole weight, of the total whole weight 
of all fish lawfully in possession on board such vessel. If such vessel 
lawfully possesses a separated spiny lobster tail, the possession of 
spiny lobster in or from the EEZ may not exceed at any time 1.6 
percent, by weight of the spiny lobster or parts thereof, of the total 
whole weight of all fish lawfully in possession on board such vessel. 
For the purposes of this paragraph (b)(4), the term ``net or trawl'' 
does not include a hand-held net, a loading or dip net, a bully net, or 
a hoop net.
    (5) Diving at night. The provisions of paragraph (b)(3) of this 
section notwithstanding, a person who harvests spiny lobster in the EEZ 
by diving at night, that is, from 1 hour after official sunset to 1 
hour before official sunrise, is limited to the bag limit specified in 
paragraph (b)(1) of this section, whether or not a Federal vessel 
permit specified in Sec. 640.4(a)(1) has been issued to and is on board 
the vessel from which the diver is operating.
    (c) Combination of bag/possession limits. A person who fishes for 
or possesses spiny lobster in or from the EEZ under a bag or possession 
limit specified in paragraph (a) or (b) of this section may not combine 
the bag or possession limits of those paragraphs or combine such bag or 
possession limit with a bag or possession limit applicable to state 
waters.
    (d) Responsibility for bag/possession limits. The operator of a 
vessel that fishes for or possesses spiny lobster in or from the EEZ is 
responsible for the cumulative bag or possession limit specified in 
paragraphs (a) and (b) of this section applicable to that vessel, based 
on the number of persons aboard.
    (e) Transfer at sea. A person who fishes for or possesses spiny 
lobster in or from the EEZ under a bag or possession limit specified in 
paragraph (a) or (b) of this section may not transfer a spiny lobster 
at sea from a fishing vessel to any other vessel, and no person may 
receive at sea such spiny lobster.


Sec. 640.24  [Amended]

    9. In Sec. 640.24, the word ``Secretary'' is revised to read 
``Assistant Administrator''.
[FR Doc. 95-10737 Filed 4-27-95; 3:57 pm]
BILLING CODE 3510-22-F