Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 53979 

Key Questions for Consideration 

The CAS Board is soliciting 

comments on this issue from interested 

parties. In particular, the Board is 

interested in comments related to the 

following issues: 

1. Any statute that would require the 

CAS Board to retain this exemption. If 

any such statute exists, provide the 

specific statute and language that 

contain this requirement. 

2. How this exemption does or does 

not promote the CAS Board’s primary 

objective of achieving ‘‘(1) an increased 

degree of uniformity in cost accounting 

practices among Government 

contractors in like circumstances, and 

(2) consistency in cost accounting 

practices in like circumstances by 

individual government contractor over 

periods of time.’’

3. The significance of the location of 

contract execution to CAS applicability. 

4. The significance of the location of 

contract performance to CAS 

applicability. 

5. The advantages and disadvantages 

of exempting contracts and subcontracts 

from CAS that are executed and 

performed entirely outside the U.S. 

6. Contracting situations in which the 

exemption has historically been 

utilized. 

[FR Doc. 05–17949 Filed 9–12–05; 8:45 am] 

BILLING CODE 3110–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 600 and 622 

[Docket No. 050729208–5208–01; I.D. 

060805B] 

RIN 0648–AP51 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Comprehensive Amendment to the 

Fishery Management Plans of the U.S. 

Caribbean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule to implement a comprehensive 

amendment prepared by the Caribbean 

Fishery Management Council (Council) 

to amend its Reef Fish, Spiny Lobster, 

Queen Conch, and Coral Fishery 

Management Plans (FMPs). The 

comprehensive amendment is designed 

to ensure the FMPs are fully compliant 

with the provisions of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). This proposed rule would redefine 

the fishery management units for the 

FMPs; establish seasonal closures; 

impose gear restrictions and 

requirements; revise requirements for 

marking pots and traps; and prohibit the 

filleting of fish at sea. In addition, the 

comprehensive amendment would 

establish biological reference points and 

stock status criteria; establish rebuilding 

schedules and strategies to end 

overfishing and rebuild overfished 

stocks; provide for standardized 

collection of bycatch data; minimize 

bycatch and bycatch mortality to the 

extent practicable; designate essential 

fish habitat (EFH) and EFH habitat areas 

of particular concern (HAPCs); and 

minimize adverse impacts on such 

habitat to the extent practicable. The 

intended effect of this proposed rule is 

to achieve optimum yield in the 

fisheries and provide social and 

economic benefits associated with 

maintaining healthy stocks. 

DATES: Comments must be received no 

later than 5 p.m., eastern time, on 

September 28, 2005. 

ADDRESSES: You may submit comments 

on the proposed rule by any of the 

following methods: 

• E-mail: 0648–

AP51.Proposed@noaa.gov. Include in 

the subject line of the e-mail comment 

the following document identifier 0648–

AP51. 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Steve Branstetter, NMFS, 

Southeast Regional Office, 263 13th

Avenue South, St. Petersburg, FL 33701. 

• Fax: 727–824–5308, Attention: Steve 

Branstetter. 

Copies of documents supporting this 

action may be obtained by contacting 

the NMFS Southeast Regional Office at 

the above address. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, 727–824–5305; fax 

727–824–5308; e-mail 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fisheries for spiny lobster, queen conch, 

reef fish, and corals and reef-associated 

invertebrates in the exclusive economic 

zone (EEZ) off Puerto Rico and of the 

U.S. Virgin Islands are managed under 

the respective fishery management 

plans prepared by the Council. These 

fishery management plans are 

implemented under the authority of the 

Magnuson-Stevens Act by regulations at 

50 CFR part 622. This proposed rule 

would implement Amendment 2 to the 

FMP for the Spiny Lobster Fishery, 

Amendment 1 to the FMP for Queen 

Conch Resources, Amendment 3 to the 

FMP for the Reef Fish Fishery, and 

Amendment 2 to the FMP for the Corals 

and Reef Associated Plants and 

Invertebrates of Puerto Rico and the U.S. 

Virgin Islands, known collectively as 

the Comprehensive Amendment to the 

FMPs of the Caribbean. 

Background 

A notice of availability for the 

comprehensive amendment was 

published in the Federal Register on 

June 16, 2005 (70 FR 35053). This 

proposed rule and the comprehensive 

amendment are intended to address 

various requirements set forth in the 

Magnuson-Stevens Act: (1) Assess and 

specify the present and probable future 

condition of, and the maximum 

sustainable yield and optimum yield 

from, fisheries; (2) specify objective and 

measurable criteria for identifying when 

a fishery is overfished; (3) end 

overfishing and rebuild overfished 

stocks, and prevent overfishing in 

fisheries that are identified as 

approaching an overfished condition; 

(4) establish a standardized reporting 

methodology to assess the amount and 

type of bycatch occurring in the fishery 

and implement conservation and 

management measures that minimize 

bycatch and bycatch mortality to the 

extent practicable; and (5) identify, 

describe, and designate EFH and EFHHAPCs for managed stocks, minimize to 

the extent practicable adverse effects on 

such habitat caused by fishing, and 

identify other actions to encourage the 

conservation and enhancement of such 

habitat. 

Provisions of This Proposed Rule 

Revision of Fishery Management Units 

(FMUs) 

This proposed rule would redefine 

the FMUs in all the Council FMPs. 

FMUs define the specific species that 

are to be the target of conservation and 

management. 

The proposed rule would remove 

from the respective FMUs, species 

found predominantly in the waters of 

Puerto Rico or the U.S. Virgin Islands 

(rather than in Federal waters). In 

addition, those species for which data 

are inadequate to establish a need for 

conservation and management, 

biological reference points, or stock 

status determination criteria would 

remain in the FMUs for data collection 

purposes but would not be subject to 

Federal regulation at this time. When 

53980 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 

sufficient data are available and, if a 

need for management is determined, 

appropriate regulations would be 

implemented through subsequent 

rulemaking. 

Under the proposed rule, Caribbean 

helmet, flame helmet, Caribbean vase, 

and whelk (West Indian top shell) 

would be removed from the Queen 

Conch FMP. All other species in the 

Caribbean conch FMU, except queen 

conch, and all aquarium trade species in 

the Reef Fish and Coral Reef FMPs, 

would be retained in the respective 

FMUs for data collection purposes only. 

Tables 1 and 2 of Appendix A to 50 CFR 

Part 622 (Caribbean Coral Reef 

Resources and Caribbean Reef Fish, 

respectively) would be revised 

accordingly; Table 5 of Appendix A to 

50 CFR Part 622 (Caribbean Conch 

Resources) would be added; and the 

definition of ‘‘Caribbean conch 

resource’’ would be removed and 

replaced by a definition of ‘‘queen 

conch.’’

The proposed change would provide 

for collection of data on aquarium trade 

species and other species retained in the 

respective FMUs for data collection 

purposes only, but would remove these 

species from Federal regulations at this 

time. Consequently, existing regulations 

at 50 CFR 622.41(b) defining a marine 

aquarium fish as ‘‘a Caribbean reef fish 

that is smaller than 5.5 inches (14.0 cm) 

TL’’ and restricting the harvest of a 

marine aquarium fish to hand-held dip 

nets or hand-held slurp guns would be 

eliminated. The regulation at 50 CFR 

622.32(b)(1)(ii) prohibiting the harvest 

and possession of butterflyfish and 

seahorses from Federal waters of the 

U.S. Caribbean also would be 

eliminated. There would be no 

specification of maximum sustainable 

yield (MSY), optimum yield (OY), or 

stock status determination criteria for 

species retained for data collection 

purposes only. 

Seasonal Closures 

This proposed rule would establish 

several seasonal closures to reduce 

fishing mortality, provide protection to 

key species during peak spawning 

seasons, protect EFH, and help to 

rebuild overfished fish stocks or keep 

healthy stocks from becoming 

overfished. For snappers, fishing for or 

possessing black, blackfin, vermilion, or 

silk snapper, in or from the Caribbean 

EEZ would be prohibited from October 

1 through December 31 each year. From 

April 1 through June 30 each year, 

fishing for or possessing lane or mutton 

snapper in or from the Caribbean EEZ 

would also be prohibited. For grouper, 

fishing for or possessing red, black, 

tiger, yellowfin, or yellowedge grouper, 

in or from the Caribbean EEZ, would be 

prohibited from February 1 through 

April 30 each year. In addition, fishing 

for or possessing red hind in or from the 

Caribbean EEZ would be would be 

prohibited off the west coast of Puerto 

Rico west of 67°10′ W. longitude from 

December 1 through February each year. 

Further, to help rebuild overfished 

grouper species and to protect EFH, 

fishing for or possessing any species of 

fish, except highly migratory species, in 

or from the Grammanik Bank closed 

area would be prohibited from February 

1 to April 30 each year. Highly 

migratory species means bluefin, bigeye, 

yellowfin, albacore, and skipjack tunas; 

swordfish; sharks (listed in Appendix A 

to 50 CFR Part 635); white marlin, blue 

marlin, sailfish, and longbill spearfish. 

The Grammanik Bank closed area is 

bound by rhumb lines connecting, in 

order, the following points: 

Point North lat. West long. 

A 18°11.898′ 64°56.328′ 

B 18°11.645′ 64°56.225′ 

C 18°11.058′ 64°57.810′ 

D 18°11.311′ 64°57.913′ 

A 18°11.898′ 64°56.328′ 

To reduce fishing mortality and help 

rebuild the overfished stock of 

Caribbean queen conch, the proposed 

rule would prohibit fishing for or 

possessing on board a fishing vessel a 

Caribbean queen conch in or from the 

Caribbean EEZ, except during October 

through June in the area east of 64°34′ 

W. longitude which includes Lang Bank 

east of St. Croix, U.S. Virgin Islands. 

Restrictions on Gillnets and Trammel 

Nets 

To help achieve necessary reductions 

in fishing mortality and to reduce 

bycatch, the use of gillnets or trammel 

nets to fish for Caribbean reef fish or 

Caribbean spiny lobster would be 

prohibited in the Caribbean EEZ. 

Possession of a gillnet or trammel net 

and any Caribbean reef fish or Caribbean 

spiny lobster in or from the Caribbean 

EEZ would be prima facie evidence of 

a violation of this provision. To further 

minimize bycatch and bycatch 

mortality, the proposed rule would 

require any gillnet or trammel net used 

in the Caribbean EEZ to fish for any 

other species, including flying fishes or 

needlefishes, to be tended at all times. 

Other Gear Restrictions to Minimize 

Adverse Effects on EFH 

This proposed rule would prohibit all 

fishing with pots, traps, gillnets, 

trammel nets, or bottom longlines yearround in the proposed Grammanik Bank 

closed area and in the existing 

seasonally closed mutton snapper 

spawning aggregation area off the 

southwest coast of St. Croix, U.S. Virgin 

Islands and the red hind spawning 

aggregation areas east of St. Croix and 

west of Puerto Rico (Bajo de Cico, 

Tourmaline Bank, and Abrir La Sierra 

Bank). See 50 CFR 622.33(a)(1) and (2) 

for the coordinates of these existing 

seasonally closed areas. The year-round 

prohibition on use of these gear types 

within these discrete spawning 

aggregation sites would protect EFH and 

contribute to needed reductions in 

fishing mortality. 

To further minimize the adverse 

impacts of fishing on EFH in the EEZ, 

the proposed rule would establish 

several additional regulatory 

requirements. For all vessels that fish 

for or possess Caribbean spiny lobster or 

Caribbean reef fish in or from the EEZ, 

the proposed rule would require at least 

one buoy that floats at the surface be 

attached to all traps or pots fished 

individually, and at least one such buoy 

be attached at each end of trap lines 

linking traps or pots. This is intended to 

more readily identify the location of 

traps and, thus, preclude the practice of 

using a grapnel hook to locate and 

retrieve unmarked traps which results 

in substantial damage to EFH. It should 

also minimize the loss of traps and 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 53981 

subsequent adverse effects of ghost 

fishing. 

To enhance compatibility with 

regulations in the waters of Puerto Rico 

and the U.S. Virgin Islands and, thereby, 

enhance enforceability and compliance, 

the proposed rule would amend current 

requirements for trap construction to 

require one degradable escape panel, 

which could be the trap door if it is 

attached with the required degradable 

fasteners and is located on the side of 

the trap. 

For all commercial and recreational 

vessels that fish for or possess Caribbean 

reef species in or from the EEZ, the 

proposed rule would require an anchor 

retrieval system that ensures the anchor 

is recovered by its crown in order to 

prevent the anchor from dragging along 

the bottom during recovery and 

damaging EFH. For a grapnel hook, this 

could include an incorporated anchor 

rode reversal bar that runs parallel along 

the shank, which allows the rode to 

reverse and slip back toward the crown. 

For a fluke or plow-type anchor (e.g., 

Danforth, Delta, Fortress, etc.), a trip 

line consisting of a line from the crown 

of the anchor to a surface buoy would 

be required. 

Prohibition on Filleting Fish 

Nassau and goliath grouper cannot be 

harvested or possessed in or from the 

Caribbean EEZ. However, if fish are 

filleted, the ability to properly identify 

these species and enforce the 

prohibition on harvest and possession is 

compromised. To enhance 

enforceability of this provision and to 

help rebuild the overfished stocks of 

Nassau and goliath grouper, filleting of 

fish, except for highly migratory species, 

in or from the Caribbean EEZ would be 

prohibited. Fish subject to this 

prohibition would have to be landed 

with heads and fins intact. The 

proposed rule would provide minor 

exceptions to this requirement regarding 

‘‘bait’’ and ‘‘consumption at sea’’ as 

specified in § 622.38(d) of this proposed 

rule. 

Additional Provisions Contained in the 

Comprehensive Amendment 

Establishment or Refinement of 

Biological Reference Points and Stock 

Status Criteria 

The comprehensive amendment 

would establish or revise estimates for 

MSY, OY, minimum stock size 

threshold (MSST), and a maximum 

fishing mortality threshold (MFMT) for 

various fish stocks. 

MSY and OY targets would vary 

according to FMUs. MSY and OY would 

be set to zero for all species in the 

Caribbean coral reef resource FMU, 

excluding those species retained for 

data collection purposes. For all other 

species, MSY would be established from 

recent average catch (C) in the 

commercial and recreational fisheries 

and from estimates of the current 

biomass (BCURR/BMSY) and fishing 

mortality (FCURR/FMSY) ratios. MSY 

would be equal to C/[(FCURR/FMSY) x 

(BCURR/BMSY)]. OY would then be 

established as the average yield 

associated with a fishing mortality (F) 

equal to the fishing mortality to achieve 

OY (FOY) where FOY = 0.75FMSY. 

For each FMU sub-unit for which 

biomass and fishing mortality ratios 

have not been estimated through a stock 

assessment or other scientific exercise 

(i.e., stock status is unknown), the 

following estimates will be used: (1) For 

species that are not believed to be at risk 

based on the best available information, 

the FCURR/FMSY proxy is estimated as 

0.75 and the BCURR/BMSY proxy is 

estimated as 1.25; (2) For species for 

which no positive or negative 

determination can be made on the status 

of their condition, the default fishing 

mortality ratio and biomass ratio proxies 

would be estimated as 1.00; and (3) For 

species that are believed to be at risk 

based on the best available information, 

the fishing mortality ratio would be 

estimated at 1.50 and the biomass ratio 

would be estimated as 0.75. 

MSST would be established as 

BMSY(1–c); where c equals the natural 

mortality rate (M) or 0.50, whichever is 

smaller. This alternative is preferred for 

Caribbean spiny lobster, queen conch, 

and all species in the reef fish and coral 

reef resource FMUs, excluding those 

species retained for data collection 

purposes. 

MFMT would be based on an MSY 

control rule. For all species in the Coral 

FMP, MFMT would be zero, excluding 

those species retained for data 

collection purposes. For Caribbean 

queen conch, spiny lobster, and reef 

fish, excluding those species retained 

for data collection purposes, MFMT 

would be based on an allowable 

biological catch (ABC), which would be 

defined as ABC = FMSY(B). For those 

species where FMSY estimates are not 

available, natural mortality (M) would 

be used as a proxy for FMSY. An OY 

control rule would define target catch 

limits such that they equal FOY(B). 

Establishment of Rebuilding Schedules 

Based on the establishment or 

revision of the biological reference 

points and stock status criteria 

described above, several species would 

be considered overfished. Therefore, in 

accordance with the Magnuson-Stevens 

Act, the Council is establishing the 

following stock rebuilding schedules. 

Nassau Grouper would be rebuilt to 

BMSY in 25 years, using the formula 

TMIN (10 years) + one generation time 

(15 years) = 25 years. 

Goliath Grouper would be rebuilt to 

BMSY in 30 years, using the formula 

TMIN (10 years) + one generation time 

(20 years) = 30 years. 

Queen Conch would be rebuilt to 

BMSY in 15 years, using the formula 

TMIN (10 years) + one generation time (5 

years) = 15 years. 

Grouper Unit 4 (including red, black, 

tiger, yellowfin, yellowedge and misty 

grouper) would be rebuilt to BMSY in 10 

years. 

Standardized Bycatch Reporting 

The comprehensive amendment 

would establish a standardized bycatch 

reporting methodology throughout the 

Council’s area of jurisdiction by using 

existing databases in addition to 

revising certain other existing databases. 

Use of the Marine Recreational Fishery 

Statistics Survey database would 

provide additional bycatch information 

on the recreational and subsistence 

sectors. The Council and NMFS would 

also consult with Puerto Rico and the 

U.S. Virgin Islands in an effort to 

modify the state trip ticket systems 

currently in place in the U.S. Caribbean 

to require standardized collection of 

bycatch data. 

Designation of EFH and HAPCs 

The comprehensive amendment 

would describe and identify EFH 

according to functional relationships 

between life history stages of federally 

managed species and Caribbean marine 

and estuarine habitats. For spiny 

lobster, queen conch and reef fish, EFH 

in the U.S. Caribbean would consist of 

all waters from mean high water to the 

outer boundary of the EEZ, which are 

used by eggs and larvae, and seagrass, 

benthic algae, mangrove, coral, and live/ 

hard bottom substrates from mean high 

water to 100 fathoms (183 m) depth, 

which are used by other life stages. EFH 

for the coral fishery in the U.S. 

Caribbean consists of all waters from 

mean low water to the outer boundary 

of the EEZ, which is used by larvae, and 

all coral and hard bottom substrates 

from mean low water to 100 fathoms (83 

m) depth, which are used by other life 

stages. 

The comprehensive amendment 

would designate HAPCs in the Reef Fish 

FMP based on confirmed spawning 

locations and on areas or sites identified 

as having particular ecological 

importance to managed species. (See 

Section 6.7.1.3 of the comprehensive 

53982 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 

amendment for more detailed 

description of the respective HAPCs). 

Based on the confirmed occurrence of 

spawning in these particular areas, 

HAPCs in the Reef Fish FMP would be 

designated off of Puerto Rico at 

Tourmaline Bank/Buoy 8, Abrir La 

Sierra Bank/Buoy 6, Bajo de Cico, and 

Vieques, El Seco. Off St. Croix, HAPCs 

for reef fish would include the mutton 

snapper spawning aggregation area (50 

CFR 622.33(a)(1)) and Lang Bank, (50 

CFR 622.33(a)(2)(i)). Off St. Thomas, 

HAPCs would be designated as Hind 

Bank Marine Conservation District (50 

CFR 622.33(b)(1)) and Grammanik Bank 

(50 CFR 622.33(a)(3)). Based on habitat 

areas or sites identified as having 

particular ecological importance to 

Caribbean reef fish species, HAPCs 

would be designated off Puerto Rico at 

Hacienda la Esperanza, Manitı ́; Bajuras 

and Tiberones, Isabela; Cabezas de San 

Juan, Fajardo; JOBANNERR, Jobos Bay; 

Bioluminescent Bays, Vieques; 

Boquero ́n State Forest; Pantano Cibuco, 

Vega Baja; Pin ̃ ones State Forest; Rı ́o 

Espiritu Santo, Rı ́o Grande; Seagrass 

beds of Culebra Island (nine sites 

designated as Resource Category 1 and 

two additional sites); and Northwest 

Vieques seagrass west of Mosquito Pier, 

Vieques. Off St. Thomas, HAPCs would 

be designated off southeastern St. 

Thomas, including Cas Key and the 

mangrove lagoon in Great St. James Bay; 

and Saba Island/Perseverance Bay, 

including Flat Key and Black Point Reef. 

Off St. Croix, HAPCs would be 

designated as Salt River Bay National 

Historical Park and Ecological Preserve 

and Marine Reserve and Wildlife 

Sanctuary; Altona Lagoon; Great Pond; 

South Shore Industrial Area; and Sandy 

Point National Wildlife Refuge. 

For the Coral Reef FMP HAPCs would 

be designated as those EFH habitat areas 

or sites identified as having particular 

ecological importance to Caribbean 

coral species. (See Section 6.7.1.3 of the 

comprehensive amendment for more 

detailed description of the respective 

HAPCs). Off Puerto Rico, these include 

Luis Pen ̃ a Channel, Culebra; Mona/ 

Monito; La Parguera, Lajas; Caja de 

Muertos, Ponce; Tourmaline Reef; 

Gua ́nica state Forest; Punta Petrona, 

Santa Isabel; Ceiba state Forest; La 

Cordillera, Fajardo; Guayama Reefs; 

Steps and Tres Palmas, Rincon; Los 

Corchos Reef, Culebra; and Desecheo 

Reefs, Desecheo. Off St. Croix, HAPCs 

would be designated at the St. Croix 

Coral Reef Area of Particular Concern, 

including the East End Marine Park; 

Buck Island Reef National Monument; 

South Shore Industrial Area Patch Reef 

and Deep Reef System; Frederiksted 

Reef System; Cane Bay; and Green Cay 

Wildlife Refuge. 

Memorandums of Understanding 

(MOUs) 

The comprehensive amendment also 

proposes to develop MOUs to achieve 

cooperative management and 

compatible regulatory regimes. The 

comprehensive amendment proposes to 

develop a MOU between NMFS and the 

U.S. Virgin Islands government leading 

to the development of compatible 

regulations to achieve the objectives for 

Nassau grouper set forth in the 

Council’s Reef Fish FMP in U.S. Virgin 

Islands and Federal waters of the U.S. 

Caribbean. In addition, the amendment 

proposes to develop an MOU between 

NMFS and the governments of Puerto 

Rico and the U.S. Virgin Islands to 

develop compatible regulations to 

achieve the management objectives set 

forth in the Council’s Queen Conch 

FMP in state and Federal waters of the 

U.S. Caribbean. 

Classification 

At this time, NMFS has not 

determined that the comprehensive 

amendment that this proposed rule 

would implement is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. NMFS, in making that 

determination, will take into account 

the data, views, and comments received 

during the comment period on this 

proposed rule. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS prepared a final supplemental 

environmental impact statement for this 

amendment; a notice of availability was 

published on June 24, 2005 (70 FR 

36582). 

The Council in conjunction with 

NMFS prepared an initial regulatory 

flexibility analysis (IRFA) as required by 

section 603 of the Regulatory Flexibility 

Act. The IRFA describes the economic 

impact this proposed rule, if adopted, 

would have on small entities. A 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained at the beginning of 

this section in the preamble and in the 

SUMMARY section of the preamble. A 

summary of the analysis follows. A copy 

of this analysis is available from NMFS 

(see ADDRESSES). 

The proposed rule would implement 

an integrated FMP amendment that will 

bring the Caribbean Council’s FMPs for 

spiny lobster, queen conch, reef fish, 

corals, and reef associated plants and 

invertebrates into full compliance with 

requirements of the Magnuson-Stevens 

Act. The Magnuson-Stevens Act 

provides the statutory basis for the 

proposed rule. The objectives of the 

proposed rule are to: (1) define FMUs 

and FMU sub-units, (2) specify 

biological reference points and stock 

status determination criteria, (3) 

regulate fishing mortality, (4) rebuild 

overfished fisheries, (5) conserve and 

protect yellowfin grouper, (6) achieve 

bycatch mandates, and (7) achieve the 

EFH mandates. 

The proposed rule would affect 

commercial and recreational fishermen 

and charter fishing services in Puerto 

Rico and the U.S. Virgin Islands. In 

Puerto Rico, there are approximately 

1,758 commercial fishers, of which 

1,262 fishers are full-time and 496 are 

part-time. The number of commercial 

fishers in the U.S. Virgin Islands is 

estimated to be 349. Approximately 50 

entities offer year-round charter services 

in the U.S. Caribbean, with the majority 

located in the U.S. Virgin Islands. 

NMFS expects that 88 Puerto Rican 

commercial fishers, or 5 percent, and 50 

U.S. Virgin Islands commercial fishers, 

or 10 percent, and 3 of the charter 

services, or 5 percent operate in the EEZ 

and may be affected by this proposed 

rule. The Small Business 

Administration (SBA) size standards for 

the finfish, shellfish, and other marine 

fishing industries are the same; each has 

a size standard of $3.5 million in annual 

sales. The SBA size standard for the 

charter fishing industry is $6.0 million 

in annual sales. NMFS assumes that all 

of the commercial fishers in Puerto 

Rico, all of the commercial fishers in the 

U.S. Virgin Islands, and all of the 

charter fishing services that operate in 

the U.S. Caribbean EEZ are small 

businesses. Thus, NMFS expects that a 

total of 6.5 percent of small businesses 

in commercial fishing and 5 percent of 

small businesses in charter fishing 

services may be affected by this 

proposed rule. 

The proposed rule would: (1) prohibit 

fishing for or possession of queen conch 

in the EEZ, with the exception of Lang 

Bank east of St. Croix; (2a) move 

aquarium trade species of Caribbean 

coral and reef fish from a management 

to a data collection only category, 

thereby removing existing fishery 

management restrictions on these 

species; (2b) move all species of 

Caribbean conch, with the exception of 

queen conch, to a data collection only 

category, thereby removing fishery 

management restrictions on these 

species; (3) close the EEZ to the 

possession of red, black, tiger, 

yellowfin, and yellowedge grouper from 

February 1 through April 30; (4) close 

the EEZ off the west coast of Puerto Rico 

to the possession of red hind from 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 53983 

December 1 through February 28; (5) 

close the EEZ to the possession of black, 

blackfin, vermilion, and silk snapper 

from October 1 through December 31; 

(6) close the EEZ to the possession of 

mutton snapper and lane snapper from 

April 1 through June 30; (7a) implement 

an immediate prohibition against the 

use of gillnets and trammel nets to fish 

for Caribbean reef fish or Caribbean 

spiny lobster in the EEZ; (7b) require 

gillnets used to fish for other species in 

the EEZ to be tended at all times; (8) 

prohibit the filleting of fish in the EEZ 

and require that fish captured or 

possessed in the EEZ be landed with 

heads and fins intact, with minor 

exceptions; (9) close an area of the 

Grammanik Bank to fishing for or 

possessing any species of fish, except 

highly migratory species, from February 

1 through April 30 of each year; (10) 

amend current requirements for trap 

construction such that only one escape 

panel is required, which could be the 

door; (11a) require at least one buoy that 

floats on the surface for all traps/pots 

fished individually for all fishing 

vessels that fish for or possess Caribbean 

spiny lobster or Caribbean reef fish 

species in or from the EEZ; (11b) require 

at least one buoy at each end of trap 

lines linking traps/pots for all fishing 

vessels that fish for or possess Caribbean 

spiny lobster or Caribbean reef fish 

species in or from the EEZ; (11c) 

prohibit use of pots/traps, gill/trammel 

nets, and bottom longlines on coral or 

hard bottom year-round in the existing 

seasonally closed areas and Grammanik 

Bank in the EEZ; and (11d) require an 

anchor retrieval system for all vessels 

that fish for or possess Caribbean reef 

fish species in or from the EEZ. 

Identification, to the extent 

practicable, of all relevant federal rules 

that may duplicate, overlap, or conflict 

with the proposed rule is incorporated 

into the following discussion of 

compliance requirements and their 

associated economic impacts. 

The queen conch fishery occurs 

primarily in state waters. 

Approximately 92 percent of Puerto 

Rican queen conch harvest is reported 

to be obtained from state waters of 

Puerto Rico, while 60 percent of U.S. 

Virgin Islands queen conch harvests is 

estimated to be harvested from state 

waters. Only 18 fishermen were 

observed harvesting queen conch in the 

EEZ in the U.S. Caribbean in 1999 (2 

from the U.S. Virgin Islands and 16 from 

Puerto Rico). These 18 fishers 

represented 7 percent of 260 U.S. 

Caribbean queen conch fishers (209 in 

Puerto Rico and 51 in the U.S. Virgin 

Islands), or less than 1 percent of all 

small commercial fishing businesses in 

the U.S. Caribbean. The 16 fishers from 

Puerto Rico represent 8 percent of queen 

conch fishers from that area, while the 

2 fishers from the U.S. Virgin Islands 

represent 4 percent of U.S. Virgin 

Islands queen conch fishers. Because of 

water depth in the EEZ, SCUBA is the 

primary harvest gear and likely the only 

gear used to harvest queen conch in the 

EEZ. Consequently, harvests of queen 

conch in the EEZ are limited to a great 

extent by the amount of time a diver can 

safely work underwater. It is likely that 

most to all of the 16 fishers from Puerto 

Rico that harvest queen conch from the 

EEZ generate the bulk of their revenues 

and profits from queen conch taken 

from shallower state waters. 

Furthermore, it is likely that their 

revenues and profits from queen conch 

harvested from the EEZ represent a 

small proportion of their total revenues 

and profits, and the proposed 

prohibition against fishing for or 

possession of queen conch in the EEZ, 

with the exception of Lang Bank, is not 

expected to have a significant adverse 

economic impact on these fishers. 

However, revenues and profits from 

queen conch fishing in the EEZ 

represent a larger proportion of total 

revenues and profits from queen conch 

for the 2 U.S. Virgin Islands queen 

conch fishers, and the prohibition could 

have a greater adverse economic impact 

on these fishers. Additionally, if Puerto 

Rico and the U.S. Virgin Islands were to 

further restrict queen conch fishing in 

state waters, the combined Federal and 

state actions would have a much greater 

adverse economic impact on these 

fishers. 

Any small business that harvests 

species of Caribbean conch, other than 

queen conch, or aquarium trade species 

of Caribbean coral or reef fish in the EEZ 

could potentially benefit from the 

proposed movement of these species to 

a data-collection-only category because 

this would eliminate existing Federal 

fishing restrictions on these species. 

However, any economic benefit that is 

obtained by small businesses from this 

proposed movement is expected to be 

negligible because harvest of these 

species occurs predominantly in state 

waters. 

The U.S. Caribbean reef fish fishery is 

essentially a multi-species fishery in 

that fishers catch multiple species of 

reef fish on any given trip. 

Consequently, the harvest of any 

particular species likely represents a 

small proportion of total revenue and 

profit for any given trip. In addition to 

the closures contained in the proposed 

rule, there is currently a seasonal 

closure from December 1 through 

February 28 to all fishing in red hind 

spawning areas and a seasonal closure 

from March 1 through June 30 to all 

fishing in the mutton snapper spawning 

aggregation area. To mitigate any 

revenue and profit losses that may result 

from the proposed closures, commercial 

fishers and charter fishing operations 

that fish for reef fish in the EEZ may 

intensify fishing before and after the 

seasonal closures or relocate to state 

waters. The mitigating economic effects 

of these behavioral changes cannot be 

forecast. Nonetheless, the combined 

seasonal closures may have a significant 

adverse economic impact on up to 6.5 

percent of the small commercial fishing 

businesses and up to 5 percent of the 

small charter fishing businesses. 

The prohibition against the use of 

gillnets and trammel nets to catch 

Caribbean spiny lobster and reef fish 

would require the adoption of other 

gear, most likely traps/pots, to harvest 

these species. NMFS does not believe, 

however, that Puerto Rican fishers 

significantly use either gillnets or 

trammel nets to fish in the EEZ because 

of water depth. Consequently, the 

prohibition would likely affect a small 

number of the small commercial fishing 

businesses in Puerto Rico that operate in 

the EEZ. In the U.S. Virgin Islands, more 

fishable habitat exists that can be 

targeted by nets due to the 3 nm (5.6 

km) state boundary. Divers commonly 

deploy nets in shallower portions of 

Lang Bank off St. Croix, where they 

place the nets in the migratory pathways 

of reef fish. Nets accounted for 33 

percent of parrotfish landings and 11 

percent of surgeonfish landings in the 

U.S. Virgin Islands from 1994 through 

2002. Furthermore, the use of gillnets 

and trammel nets has increased among 

St. Croix fishers because they have 

switched from traps due to frequent trap 

theft and vandalism. Consequently, the 

prohibition against the use of gill and 

trammel nets is expected to have a 

greater adverse economic impact on the 

small commercial fishing businesses in 

the U.S. Virgin Islands that operate in 

the EEZ. 

The prohibition against the use of gill 

and trammel nets in the EEZ would not 

apply to the harvest of ballyhoo, gar, 

and flying fish, which are commonly 

found near the surface. When used to 

harvest these species, the nets must be 

tended at all times. Ballyhoo and gar are 

used as bait. At present, there is 

insufficient information to determine 

the economic impact on any small 

businesses that may currently harvest 

ballyhoo, gar, or flying fish in the EEZ 

by using untended gill and trammel 

nets. 

Since 1990 and 1993, there have been 

prohibitions against the harvest and 

53984 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 

possession of Nassau grouper and 

Goliath grouper in the EEZ, 

respectively; however, anecdotal 

evidence suggests that illegal harvest 

and possession may occur. Prohibiting 

the filleting of all species of fish in the 

U.S. Caribbean EEZ, except highly 

migratory species or species caught and 

used for bait or the crew’s own 

consumption, and requiring that all fish 

captured or possessed in the EEZ be 

landed with heads and fins intact would 

improve enforcement of existing 

prohibitions and result in reduced 

illegal revenues. At the same time, the 

prohibition may reduce legal revenues 

for those who fish for other species in 

the EEZ and fillet their fish due to 

limited storage capacity. Since whole 

fish take up more space in a vessel than 

fillets, harvest per trip may be reduced. 

However, since the typical fishing 

vessel in the Caribbean EEZ does not 

have fish holds and in many cases does 

not use coolers, it is expected that a 

substantial number of the small 

businesses do not fillet their catches in 

the EEZ and would not experience a 

significant adverse economic impact. 

The proposed rule would prohibit 

fishing for or possession of any species 

of fish, except highly migratory species, 

within a 0.44 nm2 (1.5 km2) area of 

Grammanik Bank from February 1 

through April 30 of each year. The 

proposed seasonal Grammanik Bank 

closure is expected to have the greatest 

adverse economic impact on fishers 

who harvest yellowfin grouper because 

the reported spawning aggregation of 

yellowfin grouper is centered within the 

proposed closed area during this time. 

As previously discussed, the proposed 

rule would close the U.S. EEZ to the 

possession of red, black, tiger, 

yellowfin, and yellowedge grouper from 

February 1 through April 30. The 

combined impact of the Grammanik 

Bank closure and the February through 

April prohibition on yellowfin grouper 

fishers in the EEZ would be a 

prohibition on fishing for yellowfin 

grouper or any other fish in an area of 

Grammanik Bank for 3 months and a 

ban on the possession of yellowfin 

grouper in the EEZ for the same 3 

months. To mitigate losses due to the 

prohibitions, commercial fishers may 

intensify fishing for yellowfin grouper 

and other species before and after the 

seasonal bans and/or move their fishing 

activities to state waters. The 1994 

through 2002 average annual landings of 

all grouper species caught in both state 

and Federal waters in both St. Thomas 

and St. John is 22,368 lb (10,146 kg). 

The proportion of the grouper species 

caught in the EEZ during February 

through April within this average is 

expected to be comparatively small, and 

the proportion of the average that 

represents yellowfin grouper caught in 

the EEZ during those months even 

smaller. Average annual landings of 

yellowfin grouper in Puerto Rico from 

1997 though 2002 is approximately 

4,400 lb (1,996 kg). NMFS expects that 

the proportion of yellowfin grouper 

within this average caught in the EEZ 

from February 1 through April 30 is 

comparatively small, as well. 

Nonetheless, the adverse economic 

impact could be significant for some of 

the small commercial fishers that 

operate in the EEZ. 

The proposed rule would require only 

one escape panel for traps and pots. 

Anecdotal information and the 

experience of local fishery management 

officials indicate that Caribbean fishers 

would be more likely to comply with 

such a requirement rather than the 

current requirement of two escape 

panels. Since the proposed rule would 

relax an existing restriction, no adverse 

economic impact associated with this 

measure is anticipated. 

Although the current data collection 

system in place in the U.S. Caribbean, 

partially funded through Federal grants, 

does not require commercial fishers or 

charter fishing operations to report 

bycatch data, Puerto Rico has agreed to 

require that this information be 

reported, and the U.S. Virgin Islands has 

already incorporated bycatch data into 

its reporting requirement. The proposed 

rule would require consultation with 

Puerto Rico in an effort to add data 

fields to its existing mandatory landings 

reports in order to include consistent 

and standardized bycatch data. 

Consequently, the proposed rule does 

not directly impose any new reporting 

or recordkeeping requirements. 

However, the indirect economic impact 

of requiring additional reporting 

information will accrue to commercial 

fishing and charter fishing businesses in 

Puerto Rico through additional time to 

report bycatch information. At present, 

there is insufficient information to 

quantify the amount of time necessary 

to report such information and how this 

might affect business operation; 

however, the individual burden is not 

expected to be substantial and not 

impose a significant adverse impact. 

The use of traps and pots in the EEZ 

is expected to be infrequent because of 

water depth. Nevertheless, for those 

who use traps and pots in the EEZ, the 

requirement to have at least one buoy 

that floats on the surface of all traps or 

pots fished individually and have at 

least one buoy at each end of trap lines 

linking traps/pots is not expected to 

impose a significant adverse economic 

impact since the additional gear 

expenses should be minor. 

The proposed prohibition against the 

use of traps and pots, gill and trammel 

nets, and bottom longlines in currently 

existing, seasonally closed areas and the 

proposed Grammanik Bank seasonal 

closure represents a ban against the use 

of traditional gear types in these areas. 

This prohibition could be especially 

burdensome to U.S. Virgin Islands 

commercial fishers from St. Croix 

because they have already lost fishing 

areas in state waters due to U.S. Virgin 

Islands closures. The majority of 

fishable habitat off St. Croix is primarily 

isolated to Lang Bank and, currently, the 

head of Lang Bank is closed to all 

fishing from December 1 through 

February 28 each year. The proposed 

prohibition would ban the use of 

traditional gear in an area that 

encompasses approximately the 

easternmost half of the Bank. 

Consequently, NMFS expects that the 

ban will have a significant adverse 

economic impact on those St. Croix 

commercial fishers that currently use 

traps and pots, gills and trammel nets, 

and/or bottom longlines in the eastern 

half of the Bank. 

The owner or operator of any fishing 

vessel, recreational or commercial, that 

fishes for or possesses Caribbean reef 

fish in or from the Caribbean EEZ must 

ensure that the vessel uses only an 

anchor retrieval system that recovers the 

anchor by its crown, thereby preventing 

the anchor from dragging along the 

bottom during recovery and damaging 

habitat. NMFS assumes that most 

commercial and charter fishing vessels 

that operate in the EEZ do not currently 

have an anchor retrieval system that 

meets the proposed requirement. For 

those fishers that have a grapnel hook, 

this would require incorporating an 

anchor rode reversal bar that runs 

parallel along the shank, and for those 

that have a fluke or plow-type anchor, 

a trip line consisting of a line from the 

crown of the anchor to a surface buoy 

would be required. There is currently 

insufficient information to quantify the 

number of fishing vessels that use the 

different types of anchors and the costs 

of making necessary modifications. 

However, NMFS expects the cost will 

not represent a significant adverse 

economic impact on these small 

businesses. 

Significant alternatives to the 

proposed actions that were considered 

would have increased the significant 

adverse economic impact on small 

businesses. One alternative would have 

banned fishing for or possession of 

queen conch in the entire EEZ, which 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 53985 

could have had a greater adverse 

economic impact on the 7 percent of 

small businesses that harvest queen 

conch in the EEZ. Although sufficient 

data are not available to determine the 

impact of this rejected alternative on the 

relatively few individual vessel 

operators that harvest queen conch in 

the EEZ, it is expected that few, if any, 

such operators have a total dependence 

on harvest from the EEZ because the 

majority of queen conch are harvested 

from state waters. Regardless, the 

opportunity to shift fishing effort from 

the EEZ to state waters would tend to 

mitigate any adverse impacts. 

Alternatives to the preferred seasonal 

bans on the possession of mutton 

snapper and lane snapper, red hind, and 

the respective snapper and grouper 

species would have banned the 

possession of all species managed by the 

Caribbean Council for 3 months, 6 

months, or a year. Such bans would 

have had greater adverse economic 

impacts than the proposed rule. 

Alternatives to the proposed prohibition 

on the use of gillnets and trammel nets 

in the EEZ considered closing various 

areas of the EEZ to fishing for or 

possession of all species or eliminating 

the use of fish traps in the EEZ, which 

would have had greater adverse 

economic impacts. Alternatives to the 

proposed ban on filleting of fish in the 

EEZ would have established seasonal or 

area closures to protect spawning stocks 

of Nassau and Goliath grouper, which 

would have had greater adverse 

economic impact on fishers, especially 

St. Croix fishers. One alternative to the 

proposed seasonal ban on fishing for or 

possession of all fish in the Grammanik 

Bank, except highly migratory species, 

would have increased the size and 

length of the ban and the second 

alternative would have added a yearround ban on fishing for or possession 

of yellowfin grouper in the EEZ. Both of 

these alternatives would have increased 

the adverse economic impact. Finally, 

an alternative to the proposed 

modification of the trip ticket system to 

include bycatch information would 

have implemented a Federal permit 

system for commercial and charter 

fishing businesses that operate in the 

EEZ, with a mandatory monthly 

reporting requirement, and would have 

had a greater adverse impact than the 

proposed action. 

List of Subjects 

50 CFR Part 600 

Administrative practice and 

procedure, Confidential business 

information, Fisheries, Fishing, Fishing 

vessels, Foreign relations, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Statistics. 

50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: September 2, 2005. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 50 CFR parts 600 and 622 are 

proposed to be amended as follows: 

PART 600—MAGNUSON-STEVENS 

ACT PROVISIONS 

1. The authority citation for part 600, 

Subpart H continues to read as follows: 

Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 

et seq. 

§ 600.725 [Amended] 

2. In § 600.725, amend the table in 

paragraph (v), section V., as follows: 

a. Under the heading ‘‘1. Caribbean 

Spiny Lobster Fishery (FMP)’’, remove 

entry ‘‘C’’ from the first and second 

columns; redesignate entries ‘‘D’’ and 

‘‘E’’ as ‘‘C’’ and ‘‘D’’, respectively, in the 

first and second columns; and remove 

the words ‘‘gillnet, trammel net’’ from 

the second column in the newly 

redesignated entry ‘‘D’’; and 

b. Under the heading ‘‘2. Caribbean 

Shallow Water Reef Fish Fishery 

(FMP)’’, remove entry ‘‘C’’ from the first 

and second columns; and redesignate 

entry ‘‘D’’ as ‘‘C’’ in the first and second 

columns. 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

3. The authority citation for part 622 

continues to read as follows: 

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

4. In § 622.2, the definition of 

‘‘Caribbean conch resource’’ is removed, 

and a definition of ‘‘Caribbean queen 

conch’’ is added in alphabetical order to 

read as follows: 

§ 622.2 Definitions and acronyms. 

* * * * * 

Caribbean queen conch means the 

species, Strombus gigus, or a part 

thereof. 

* * * * * 

5. In § 622.6, paragraph (b)(1)(ii)(A) is 

revised to read as follows: 

§ 622.6 Vessel and gear identification. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) * * * 

(A) Caribbean EEZ. Traps or pots used 

in the Caribbean spiny lobster or 

Caribbean reef fish fisheries that are 

fished individually, rather than tied 

together in a trap line, must have at least 

one buoy attached that floats on the 

surface. Traps or pots used in the 

Caribbean spiny lobster or Caribbean 

reef fish fisheries that are tied together 

in a trap line must have at least one 

buoy that floats at the surface attached 

at each end of the trap line. Each buoy 

must display the official number and 

color code assigned to the vessel by 

Puerto Rico or the U.S. Virgin Islands, 

whichever is applicable. 

* * * * * 

6. In § 622.31, paragraph (l) is added 

to read as follows: 

§ 622.31 Prohibited gear and methods. 

* * * * * 

(l) Gillnets and trammel nets in the 

Caribbean EEZ. A gillnet or trammel net 

may not be used in the Caribbean EEZ 

to fish for Caribbean reef fish or 

Caribbean spiny lobster. Possession of a 

gillnet or trammel net and any 

Caribbean reef fish or Caribbean spiny 

lobster in or from the Caribbean EEZ is 

prima facie evidence of violation of this 

paragraph (l). A gillnet or trammel net 

used in the Caribbean EEZ to fish for 

any other species, including species in 

the family Exocoetidae, flyingfishes, or 

the family Belonidae, needlefishes, must 

be tended at all times. 

7. In § 622.32, paragraph (b)(1)(ii) is 

revised, and paragraph (b)(1)(iv) is 

added to read as follows: 

§ 622.32 Prohibited and limited-harvest 

species. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) No person may fish for or possess 

goliath grouper and Nassau grouper in 

or from the Caribbean EEZ. Such fish 

caught in the Caribbean EEZ must be 

released immediately with a minimum 

of harm. 

* * * * * 

(iv) No person may fish for, or possess 

on board a fishing vessel, a Caribbean 

queen conch in or from the Caribbean 

EEZ, except during October through 

June in the area east of 64°34′ W. 

longitude which includes Lang Bank 

east of St. Croix, U.S. Virgin Islands. 

* * * * * 

8. In § 622.33, paragraph (a) 

introductory text and paragraph (a)(3) 

are revised, and paragraphs (a)(4) 

through (a)(7) are added to read as 

follows: 

53986 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 

§ 622.33 Caribbean EEZ seasonal and/or 

area closures. 

(a) Seasonal closures. In addition to 

the other restrictions specified in this 

paragraph (a), fishing with pots, traps, 

bottom longlines, gillnets or trammel 

nets is prohibited year-round in the 

closed areas specified in paragraphs 

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

* * * * * 

(3) Grammanik Bank closed area. (i) 

The Grammanik Bank closed area is 

bounded by rhumb lines connecting, in 

order, the following points: 

Point North lat. West long. 

A 18°11.898′ 64°56.328′ 

B 18°11.645′ 64°56.225′ 

C 18°11.058′ 64°57.810′ 

D 18°11.311′ 64°57.913′ 

A 18°11.898′ 64°56.328′ 

(ii) From February through April, 

each year, no person may fish for or 

possess any species of fish, except 

highly migratory species, in or from the 

Grammanik Bank closed area. This 

prohibition on possession does not 

apply to such fish harvested and landed 

ashore prior to the closure. For the 

purpose of paragraph (a)(4) 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 bluefin, 

bigeye, yellowfin, albacore, and skipjack 

tunas; swordfish; sharks (listed in 

Appendix A to Part 635 of this title); 

white marlin, blue marlin, sailfish, and 

longbill spearfish. 

(4) Red, black, tiger, yellowfin, or 

yellowedge grouper. From February 

through April, each year, no person may 

fish for or possess red, black, tiger, 

yellowfin, or yellowedge grouper in or 

from the Caribbean EEZ. This 

prohibition on possession does not 

apply to such grouper harvested and 

landed ashore prior to the closure. 

(5) Additional red hind closure. From 

December through February, each year, 

no person may fish for or possess red 

hind in or from the Caribbean EEZ west 

of 67°10′ W. longitude. This prohibition 

on possession does not apply to red 

hind harvested and landed ashore prior 

to the closure. 

(6) Vermilion, black, silk, or blackfin 

snapper. From October through 

December, each year, no person may 

fish for or possess vermilion, black, silk, 

or blackfin snapper in or from the 

Caribbean EEZ. This prohibition on 

possession does not apply to such 

snapper harvested and landed ashore 

prior to the closure. 

(7) Lane or mutton snapper. From 

April through June, each year, no person 

may fish for or possess lane or mutton 

snapper in or from the Caribbean EEZ. 

This prohibition on possession does not 

apply to such snapper harvested and 

landed ashore prior to the closure. 

* * * * * 

9. In § 622.38, paragraphs (a), (d), and 

(f) are revised to read as follows: 

§ 622.38 Landing fish intact. 

* * * * * 

(a) The following must be maintained 

with head and fins intact: cobia, king 

mackerel, and Spanish mackerel in or 

from the Gulf, Mid-Atlantic, or South 

Atlantic EEZ, except as specified for 

king mackerel in paragraph (g) of this 

section; dolphin and wahoo in or from 

the Atlantic EEZ; South Atlantic 

snapper-grouper in or from the South 

Atlantic EEZ, except as specified in 

paragraph (h) of this section; finfish in 

or from the Caribbean EEZ, except as 

specified in paragraphs (c) and (d) of 

this section; and finfish in or from the 

Gulf EEZ, except as specified in 

paragraphs (c) and (d) of this section. 

Such fish may be eviscerated, gilled, 

and scaled, but must otherwise be 

maintained in a whole condition. 

* * * * * 

(d) In the Gulf EEZ or Caribbean EEZ: 

(1) Bait is exempt from the 

requirement to be maintained with head 

and fins intact. 

(i) For the purpose of this paragraph 

(d)(1), ‘‘bait’’ means—

(A) Packaged, headless fish fillets that 

have the skin attached and are frozen or 

refrigerated; 

(B) Headless fish fillets that have the 

skin attached and are held in brine; or 

(C) Small pieces no larger than 3 in3 

(7.6 cm3) or strips no larger than 3 

inches by 9 inches (7.6 cm by 22.9 cm) 

that have the skin attached and are 

frozen, refrigerated, or held in brine. 

(ii) Paragraph (d)(1)(i) of this section 

notwithstanding, a finfish or part 

thereof possessed in or landed from the 

Gulf EEZ or Caribbean EEZ that is 

subsequently sold or purchased as a 

finfish species, rather than as bait, is not 

bait. 

(2) Legal-sized finfish possessed for 

consumption at sea on the harvesting 

vessel are exempt from the requirement 

to have head and fins intact, provided—

(i) Such finfish do not exceed any 

applicable bag limit; 

(ii) Such finfish do not exceed 1.5 lb 

(680 g) of finfish parts per person 

aboard; and 

(iii) The vessel is equipped to cook 

such finfish on board. 

* * * * * 

(f) Queen conch in or from the 

Caribbean EEZ must be maintained with 

meat and shell intact. 

* * * * * 

10. In § 622.40, paragraph (b)(1)(i) is 

revised to read as follows: 

§ 622.40 Limitations on traps and pots. 

* * * * * 

(b) * * * 

(1) * * * 

(i) A fish trap used or possessed in the 

Caribbean EEZ must have a panel 

located on one side of the trap, 

excluding the top, bottom, and side 

containing the trap entrance. The 

opening covered by the panel must 

measure not less than 8 by 8 inches 

(20.3 by 20.3 cm). The mesh size of the 

panel may not be smaller than the mesh 

size of the trap. The panel must be 

attached to the trap with untreated jute 

twine with a diameter not exceeding 1/ 

8 inch (3.2 mm). An access door may 

serve as the panel, provided it is on an 

appropriate side, it is hinged only at its 

bottom, its only other fastening is 

untreated jute twine with a diameter not 

exceeding 1/8 inch (3.2 mm), and such 

fastening is at the top of the door so that 

the door will fall open when such twine 

degrades. Jute twine used to secure a 

panel may not be wrapped or 

overlapped. 

* * * * * 

11. In § 622.41, paragraph (b) is 

revised to read as follows: 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 53987 

§ 622.41 Species specific limitations. 

* * * * * 

(b) Caribbean reef fish anchoring 

restriction. The owner or operator of any 

fishing vessel, recreational or 

commercial, that fishes for or possesses 

Caribbean reef fish in or from the 

Caribbean EEZ must ensure that the 

vessel uses only an anchor retrieval 

system that recovers the anchor by its 

crown, thereby preventing the anchor 

from dragging along the bottom during 

recovery. For a grapnel hook, this could 

include an incorporated anchor rode 

reversal bar that runs parallel along the 

shank, which allows the rode to reverse 

and slip back towards the crown. For a 

fluke- or plow-type anchor, a trip line 

consisting of a line from the crown of 

the anchor to a surface buoy would be 

required. 

* * * * * 

12. In Appendix A to Part 622, Tables 

1 and 2 are revised, and Table 5 is 

added to read as follows: 

BILLING CODE 3510–22–S 

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* * * * * 

Table 5 of Appendix A to Part 622—

Caribbean Conch Resources 

Queen conch, Strombus gigas 

The following species are included for 

data collection purposes only: 

Atlantic triton’s trumpet, Charonia 

variegata 

Cameo helmet, Cassis 

madagascarensis 

Green star shell, Astrea tuber 

Hawkwing conch, Strombus raninus 

Milk conch, Strombus costatus 

Roostertail conch, Strombus gallus 

West Indian fighting conch, Strombus 

pugilis 

True tulip, Fasciolaria tulipa 

[FR Doc. 05–17945 Filed 9–12–05; 8:45 am] 

BILLING CODE 3510–22–C 


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