Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules 21493

the burden on respondents. The rule

also restates a requirement for

mandatory reporting of employment

data in the Annual Processed Products

Report. This requirement is estimated to

take 2 minutes per response and has

been approved by OMB under control

number 0648–0018. Any comments on

the proposed Interactive Voice Response

system should be sent to the address

specified in ADDRESSES.

List of Subjects in 50 CFR Part 625

Fisheries, 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 625 is proposed

to be amended as follows:

PART 625—SUMMER FLOUNDER

FISHERY

1. The authority citation for part 625

continues to read as follows:

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

2. In § 625.2, the definition for

‘‘reporting month’’ is added, in

alphabetical order, to read as follows:

§ 625.2 Definitions.

* * * * *

Reporting month means the calendar

month.

* * * * *

3. Section 625.6 is amended by

redesignating paragraphs (a)(2) through

(a)(6) as paragraphs (a)(3) through (a)(7);

by revising paragraph (a)(1), and newly

redesignated paragraphs (a)(3), (a)(6),

and (a)(7); and by adding new

paragraphs (a)(2) and (a)(8) to read as

follows:

§ 625.6 Recordkeeping and reporting

requirements.

(a) Dealers—(1) Weekly report.

Dealers must submit the following

information, and any other information

required by the Regional Director, on a

weekly basis to the Regional Director, or

an official designee, via an Interactive

Voice Response (IVR) system

established by the Regional Director:

Dealer number, pounds of summer

flounder purchased, week in which

summer flounder was purchased, and

state(s) of landing for summer flounder

purchased. Even if no summer flounder

are purchased during the week, a report

so stating must be submitted through

the IVR system.

(2) Monthly reports. Dealers must

send by mail to the Regional Director, or

an official designee, on a monthly basis

on forms supplied by or approved by

the Regional Director, a report of all fish

purchases. If authorized in writing by

the Regional Director, dealers may

submit reports electronically or through

other media. The following information,

and any other information required by

the Regional Director, must be provided

in the report: Name and mailing address

of dealer; dealer number; name and

permit number, or name and hull

number (U.S. Coast Guard

Documentation Number or state

registration number, as appropriate) of

the vessels from which fish were landed

or received; dates of purchases; pounds

by species (by market category if

applicable); price by species (by market

category if applicable) or value by

species (by market category if

applicable); and port landed. Even if no

fish were purchased during the month,

a report so stating must be submitted on

the required form. All monthly report

forms must be signed by the dealer or

the dealer’s authorized representative.

(3) Annual report. All persons

required to submit reports under

paragraph (a)(1) of this section are

required to complete the ‘‘Employment

Data’’ section of the Annual Processed

Products Reports; completion of other

sections on that form is voluntary.

Required data are the number of

employees handling fishery products by

month. Reports for a given calendar year

must be submitted to: NMFS Statistics,

One Blackburn Drive, Gloucester, MA

01930–2298, and must be postmarked

by February 10th of the following year.

* * * * *

(6) Submitting reports. Weekly reports

must be made by noon each Tuesday for

the previous reporting week. Monthly

reports must be made within 10 days

after the end of each reporting month.

If monthly reports are mailed, such

reports will be considered made in a

timely manner if postmarked within 10

days after the end of the reporting

month. Dealers will be sent, shortly after

receipt of a dealer permit, forms and

instructions, including a chart

identifying reporting weeks, the

telephone number and instructions for

the IVR system for submission of weekly

reports, and the address to which to

submit monthly reports. If no fish are

purchased during a required reporting

period, a report so stating must be

submitted.

(7) At-sea activities. All federally

permitted summer flounder dealers

purchasing, receiving, or processing any

fish at sea for landing at any port of the

United States must submit information

identical to that required by paragraphs

(a)(1), (2) and (3) of this section and

provide those reports to the Regional

Director or designee on the same

frequency basis.

(8) Additional data and sampling.

Dealers are required to allow access to

their premises and to make available to

an official designee of the Regional

Director any fish purchased from vessels

for the collection of biological data.

Such data include, but are not limited

to, length measurements of fish and the

collection of age structures such as

otoliths or scales.

* * * * *

[FR Doc. 95–10739 Filed 5–1–95; 8:45 am]

BILLING CODE 3510–22–F

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.

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.
21494 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules

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 yearround, 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 eggbearing 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
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules 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 § 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:

§ 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°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°34′55′′ N. lat.) to the

Georgia/Florida boundary (30°42′45.6′′

N. lat.).

* * * * *

3. In § 640.4, paragraph (a)(1) is

revised to read as follows:

§ 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

§ 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 § 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 § 640.6, in paragraph (c), the

word ‘‘Secretary’’ is revised to read

‘‘Assistant Administrator’’ and

paragraph (a) is revised to read as

follows:

§ 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.

* * * * *

§ 640.7 [Amended]

5. In § 640.7, in paragraph (e), the

reference to ‘‘§ 640.20 (c)(1) and (c)(2)’’

is revised to read ‘‘§ 640.20(b)(3)(i) and

(b)(3)(ii)’’; in paragraph (f), the reference

to ‘‘§ 640.20(d)’’ is revised to read

‘‘§ 640.20(b)(4)’’; in paragraph (p), the

reference to ‘‘§ 640.23(a) or (b)’’ is

revised to read ‘‘§ 640.23(a), (b)(1), or

(b)(2)’’ and the reference to ‘‘§ 640.23(c)

and (d)’’ is revised to read

‘‘§ 640.23(b)(3) and (b)(4)’’; in paragraph

(q), the reference to ‘‘§ 640.23(d)’’ is

revised to read ‘‘§ 640.23(b)(4)’’; in

paragraph (r), the reference to

‘‘§ 640.23(g)’’ is revised to read

‘‘§ 640.23(d)’’; and in paragraph (s), the

reference to ‘‘§ 640.23(h)’’ is revised to

read ‘‘§ 640.23(e)’’.

6. Section 640.20 is revised to read as

follows:

§ 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.
21496 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules

(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 § 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

§ 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 § 640.22, a sentence is added to

the end of paragraph (a)(1) and

paragraph (b)(3)(i) is revised to read as

follows:

§ 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:

§ 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

§ 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

§ 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 § 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 § 640.4(a)(1).
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules 21497

(4) Harvest by net or trawl. During the

commercial and recreational fishing

season specified in § 640.20(b)(1),

aboard a vessel with the required

licenses, certificates, or permits

specified in § 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 § 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.

§ 640.24 [Amended]

9. In § 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