[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Proposed Rules]
[Pages 53979-54004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17945]


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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.

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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 Magnuson-Stevens 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:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#94a4a2a0acb9d5c4a1a5bac4e6fbe4fbe7f1f0d4fafbf5f5baf3fbe2"><span class="__cf_email__" data-cfemail="3d0d0b0905107c6d080c136d4f524d524e58597d53525c5c135a524b">[email protected]</span></a>. Include in the 
subject line of the e-mail comment the following document identifier 
0648-AP51.
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Steve Branstetter, NMFS, Southeast Regional Office, 
263 13\th\ Avenue South, St. Petersburg, FL 33701.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#560522332033781424373825223322223324163839373778313920"><span class="__cf_email__" data-cfemail="cd9eb9a8bba8e38fbfaca3beb9a8b9b9a8bf8da3a2acace3aaa2bb">[email protected]</span></a>.

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 EFH-
HAPCs 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

[[Page 53980]]

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[deg]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:

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               Point                     North lat.        West long.
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A                                    18[deg]11.898'     64[deg]56.328'
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B                                    18[deg]11.645'     64[deg]56.225'
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C                                    18[deg]11.058'     64[deg]57.810'
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D                                    18[deg]11.311'     64[deg]57.913'
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A                                    18[deg]11.898'     64[deg]56.328'
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    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[deg]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 year-round 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

[[Page 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 Sec.  
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 (B<INF>CURR</INF>/B<INF>MSY</INF>) and fishing 
mortality (F<INF>CURR</INF>/F<INF>MSY</INF>) ratios. MSY would be equal 
to C/[(F<INF>CURR</INF>/F<INF>MSY</INF>) x (B<INF>CURR</INF>/
B<INF>MSY</INF>)]. OY would then be established as the average yield 
associated with a fishing mortality (F) equal to the fishing mortality 
to achieve OY (F<INF>OY</INF>) where F<INF>OY</INF> = 
0.75F<INF>MSY</INF>.
    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 F<INF>CURR</INF>/
F<INF>MSY</INF> proxy is estimated as 0.75 and the B<INF>CURR</INF>/
B<INF>MSY</INF> 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 B<INF>MSY</INF>(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 = F<INF>MSY</INF>(B). For those species 
where F<INF>MSY</INF> estimates are not available, natural mortality 
(M) would be used as a proxy for F<INF>MSY</INF>. An OY control rule 
would define target catch limits such that they equal 
F<INF>OY</INF>(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 B<INF>MSY</INF> in 25 years, 
using the formula T<INF>MIN</INF> (10 years) + one generation time (15 
years) = 25 years.
    Goliath Grouper would be rebuilt to B<INF>MSY</INF> in 30 years, 
using the formula T<INF>MIN</INF> (10 years) + one generation time (20 
years) = 30 years.
    Queen Conch would be rebuilt to B<INF>MSY</INF> in 15 years, using 
the formula T<INF>MIN</INF> (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 B<INF>MSY</INF> 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

[[Page 53982]]

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, Manit[iacute]; Bajuras and 
Tiberones, Isabela; Cabezas de San Juan, Fajardo; JOBANNERR, Jobos Bay; 
Bioluminescent Bays, Vieques; Boquer[oacute]n State Forest; Pantano 
Cibuco, Vega Baja; Pi[ntilde]ones State Forest; R[iacute]o Espiritu 
Santo, R[iacute]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 Pe[ntilde]a Channel, 
Culebra; Mona/Monito; La Parguera, Lajas; Caja de Muertos, Ponce; 
Tourmaline Reef; Gu[aacute]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

[[Page 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

[[Page 53984]]

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 nm\2\ 
(1.5 km\2\) 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

[[Page 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 year-round 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.


Sec.  600.725  [Amended]

    2. In Sec.  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 Sec.  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:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Caribbean queen conch means the species, Strombus gigus, or a part 
thereof.
* * * * *
    5. In Sec.  622.6, paragraph (b)(1)(ii)(A) is revised to read as 
follows:


Sec.  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 Sec.  622.31, paragraph (l) is added to read as follows:


Sec.  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 Sec.  622.32, paragraph (b)(1)(ii) is revised, and paragraph 
(b)(1)(iv) is added to read as follows:


Sec.  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[deg]34' W. longitude which 
includes Lang Bank east of St. Croix, U.S. Virgin Islands.
* * * * *
    8. In Sec.  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:

[[Page 53986]]

Sec.  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[deg]11.898'     64[deg]56.328'
------------------------------------------------------------------------
B                                    18[deg]11.645'     64[deg]56.225'
------------------------------------------------------------------------
C                                    18[deg]11.058'     64[deg]57.810'
------------------------------------------------------------------------
D                                    18[deg]11.311'     64[deg]57.913'
------------------------------------------------------------------------
A                                    18[deg]11.898'     64[deg]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[deg]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 Sec.  622.38, paragraphs (a), (d), and (f) are revised to 
read as follows:


Sec.  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 Sec.  622.40, paragraph (b)(1)(i) is revised to read as 
follows:


Sec.  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 Sec.  622.41, paragraph (b) is revised to read as follows:

[[Page 53987]]

Sec.  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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