[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Rules and Regulations]
[Pages 13918-13925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6334]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 950203034-5034-01; I.D. 092794B]
RIN 0648-AG23


Stone Crab Fishery of the Gulf of Mexico; Amendment 5

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 5 to the 
Fishery Management Plan for the Stone Crab Fishery of the Gulf of 
Mexico (FMP). This rule establishes a temporary moratorium, ending not 
later than June 30, 1998, on the Federal registration of stone crab 
vessels. In addition, NMFS changes the regulations that implement the 
FMP to correct and clarify them, conform them to current agency 
standards, and enhance enforcement.

EFFECTIVE DATE: April 14, 1995. The incorporation by reference of 
certain sections of the Florida Administrative Code is approved by the 
Director of the Office of the Federal Register as of April 14, 1995.

[[Page 13919]] FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-
570-5305.

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (Council) and is implemented by regulations 
at 50 CFR part 654 under the authority of the Magnuson Fishery 
Conservation and Management Act (Magnuson Act).
    Detailed descriptions, backgrounds, and rationales for the 
management measures in Amendment 5 and the additional measures proposed 
by NMFS were included in the preamble to the proposed rule (59 FR 
55405, November 7, 1994) and are not repeated here. The U.S. Coast 
Guard commented that they had reviewed Amendment 5 and the proposed 
rule and had identified no enforcement or safety concerns. No other 
comments on the amendment or the proposed rule were received. 
Accordingly, the proposed rule is adopted as final with three minor 
changes. The geographic scope of the regulations is clarified by 
providing in the definition of ``management area'' appropriate latitude 
and longitude boundaries in lieu of ``off the west coast of Florida and 
off the south side of the Florida Keys.'' An explanation of the nature 
and duration of the moratorium on the Federal registration of stone 
crab vessels is added at Sec. 654.3(d). A new section (Sec. 654.26) is 
added to specify the management measures that may be established or 
modified under the framework procedure in Amendment 5.

Classification

    The Director, Southeast Region, NMFS, determined that Amendment 5 
is necessary for the conservation and management of the stone crab 
fishery and that it is consistent with the national standards, other 
provisions of the Magnuson Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration when this rule was proposed that it 
would not have a significant economic impact on a substantial number of 
small entities. The reasons were summarized in the preamble to the 
proposed rule (59 FR 55405, November 7, 1994). As a result, a 
regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 654

    Fisheries, Fishing, Incorporation by reference.

    Dated: March 8, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 654 is revised 
to read as follows:

PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO

 Subpart A--General Measures

Sec.
654.1  Purpose and scope.
654.2  Definitions.
654.3  Relation to other laws.
654.4  Permits and fees. [Reserved]
654.5  Recordkeeping and reporting. [Reserved]
654.6  Vessel and gear identification.
654.7  Prohibitions.
654.8  Facilitation of enforcement.
654.9  Penalties.

Subpart B--Management Measures

654.20  Seasons.
654.21  Harvest limitations.
654.22  Gear restrictions.
654.23  Southwest Florida seasonal trawl closure.
654.24  Shrimp/stone crab separation zones.
654.25  Prevention of gear conflicts.
654.26  Adjustment of management measures.
654.27  Specifically authorized activities.

Appendix A to Part 654--Figures

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

 Subpart A--General Measures


Sec. 654.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for the Stone Crab Fishery of the Gulf of Mexico, prepared by the 
Gulf of Mexico Fishery Management Council under the Magnuson Act.
    (b) This part governs conservation and management of stone crab and 
restricts the trawl fishery in the management area.
    (c) ``EEZ'' refers to the EEZ in the management area, unless the 
context clearly indicates otherwise.


Sec. 654.2  Definitions.

    In addition to the definitions in the Magnuson Act and in 
Sec. 620.2 of this chapter, the terms used in this part have the 
following meanings:
    Management area means the EEZ off the coast of Florida from a line 
extending directly south from the Alabama/Florida boundary 
(87 deg.31'06'' W. long.) to a line extending directly east from the 
Dade/Monroe County, FL boundary (25 deg.20.4' N. lat.).
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone: 813-
570-5301; or a designee.
    Stone crab means Menippe mercenaria, M. adina or the hybrid, M. 
adina X M. mercenaria, or a part thereof.


Sec. 654.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraphs (b), (c), and (d) of this 
section.
    (b) The regulations in this part are intended to be compatible 
with, and do not supersede, similar regulations in effect for the 
Everglades National Park (36 CFR 7.45).
    (c) The regulations in this part are intended to be compatible with 
similar regulations and statutes in effect in Florida's waters.
    (d) Under Amendment 5 to the Fishery Management Plan for the Stone 
Crab Fishery of the Gulf of Mexico, there is a temporary moratorium on 
the issuance by the Regional Director of Federal numbers and color 
codes to mark vessels and gear in the stone crab fishery in the 
management area. The moratorium will end not later than June 30, 1998. 
During the moratorium, fishermen must obtain numbers and color codes 
from Florida. (See Sec. 654.6(a).)


Sec. 654.4  Permits and fees. [Reserved]


Sec. 654.5  Recordkeeping and reporting. [Reserved]


Sec. 654.6  Vessel and gear identification.

    (a) An owner or operator of a vessel that is used to harvest stone 
crabs by traps in the management area must comply with the vessel and 
gear identification requirements applicable to the harvesting of stone 
crabs by traps in Florida's waters in effect as of April 14, 1995, in 
Rule 2N-8.001 and Rule 46-13.002(2) (e) and (f), Florida Administrative 
Code. This incorporation by reference was approved by the Director of 
the Office of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from the Florida Marine 
Fisheries Commission, 2540 Executive Center Circle West, Suite 106, 
Tallahassee, FL 32301; telephone: 904-487-0554. Copies may be inspected 
at the office of the Regional Director; the Office of Fisheries 
Conservation and Management, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910; or the Office of the Federal Register, 800 North 
Capitol Street, NW, Suite 700, Washington, DC.
    (b) A stone crab trap or buoy in the EEZ that is not in compliance 
with the gear identification requirements [[Page 13920]] specified in 
paragraph (a) of this section is illegal. Such trap or buoy, and any 
connecting lines, will be considered unclaimed or abandoned property 
and may be disposed of in any manner considered appropriate by the 
Assistant Administrator or an authorized officer. An owner of such trap 
or buoy remains subject to appropriate civil penalties. A stone crab 
trap will be presumed to be the property of the most recently 
documented owner.


Sec. 654.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Falsify or fail to display and maintain vessel and gear 
identification, as required by Sec. 654.6(a).
    (b) Possess a stone crab in the management area during the period 
specified in Sec. 654.20(a).
    (c) Possess a stone crab trap in the management area during the 
period specified in Sec. 654.20(c).
    (d) Remove from a stone crab in or from the management area, or 
possess in the management area, a claw that is less than the minimum 
size limit specified in Sec. 654.21(a).
    (e) Fail to return immediately to the water unharmed an egg-bearing 
stone crab, or strip eggs from or otherwise molest an egg-bearing stone 
crab; as specified in Sec. 654.21(b).
    (f) Hold a stone crab in or from the management area aboard a 
vessel other than as specified in Sec. 654.21(c).
    (g) Use or possess in the management area a stone crab trap that 
does not have a biodegradable panel, as specified in Sec. 654.22(a).
    (h) Pull or tend a stone crab trap in the management area other 
than during daylight hours, as specified in Sec. 654.22(b).
    (i) Willfully tend, open, pull, or otherwise molest another 
fisherman's trap, buoy, or line in the management area, as specified in 
Sec. 654.22(c).
    (j) Trawl in a closed area or during a closed season, as specified 
in Secs. 654.23 or 654.24, or as may be implemented under 
Sec. 654.25(b).
    (k) Place a stone crab trap in a closed area or during a closed 
season, as specified in Sec. 654.24, or as may be implemented under 
Sec. 654.25(b).
    (l) Interfere with fishing or obstruct or damage fishing gear or 
the fishing vessel of another, as specified in Sec. 654.25(a).
    (m) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of stone crab.
    (n) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act.


Sec. 654.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.


Sec. 654.9  Penalties.

    See Sec. 620.9 of this chapter.

Subpart B--Management Measures


Sec. 654.20  Seasons.

    (a) Closed season. No person may possess a stone crab in the 
management area from 12:01 a.m., local time, May 16, through 12 p.m. 
midnight, local time, October 14, each year. Holding a stone crab in a 
trap in the water during a soak period or during a removal period (see 
paragraph (b) of this section), or during any extension thereto, is not 
deemed possession, provided that, if the trap is removed from the water 
during such period, such crab is returned immediately to the water with 
its claws unharvested.
    (b) Placement of traps. (1) Prior to the fishing season. The period 
of October 5 through October 14 is established as a trap soak period. A 
stone crab trap may be placed in the management area not earlier than 1 
hour before sunrise on October 5.
    (2) After the fishing season. The period of May 16 through May 20 
is established as a trap removal period. A stone crab trap must be 
removed from the management area not later than 1 hour after sunset on 
May 20, unless an extension to the removal period is granted under 
paragraph (b)(2)(i) of this section and the extension authorization is 
carried aboard the fishing vessel as specified in paragraph (b)(2)(ii) 
of this section.
    (i) An extension of the removal period may be granted by Florida in 
accordance with Rule 46-13.002(2)(b), Florida Administrative Code, in 
effect as of April 14, 1995. This incorporation by reference was 
approved by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from the Florida Marine Fisheries Commission, 2540 Executive 
Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904-
487-0554. Copies may be inspected at the office of the Regional 
Director, or the Office of the Federal Register, 800 North Capitol 
Street, N.W., Suite 700, Washington, DC.
    (ii) The extension authorization must be carried aboard the fishing 
vessel. The operator of a fishing vessel must present the authorization 
for inspection upon request of an authorized officer.
    (c) Possession of stone crab traps. A stone crab trap may not be 
possessed in the management area from the end of the trap removal 
period, or an extension thereto, to the beginning of the trap soak 
period, as specified in paragraph (b) of this section. A stone crab 
trap, float, or rope in the management area during this period will be 
considered unclaimed or abandoned property and may be disposed of in 
any manner considered appropriate by the Assistant Administrator or an 
authorized officer. An owner of such trap, float, or rope remains 
subject to appropriate civil penalties.


Sec. 654.21  Harvest limitations.

    (a) Claw size. No person may remove from a stone crab in or from 
the management area, or possess in the management area, a claw with a 
propodus measuring less than 2.75 inches (7.0 cm), measured in a 
straight line from the elbow to the tip of the lower immovable finger. 
The propodus is the largest section of the claw assembly that has both 
a movable and immovable finger and is located farthest from the body 
when the entire appendage is extended. (See Appendix A, Figure 1, of 
this part.)
    (b) Egg-bearing stone crabs. An egg-bearing stone crab in or from 
the management area must be returned immediately to the water 
unharmed--without removal of a claw. An egg-bearing stone crab may not 
be stripped of its eggs or otherwise molested.
    (c) Holding stone crabs. A live stone crab in or from the 
management area may be held aboard a vessel until such time as a legal-
sized claw is removed, provided it is held in a container that is 
shaded from direct sunlight and it is wet with sea water as necessary 
to keep it in a damp condition. Containers holding stone crabs must be 
stacked in a manner that does not compress the crabs. A stone crab body 
from which a legal-sized claw has been removed must be returned to the 
sea before the vessel reaches shore or a port or dock.
Sec. 654.22  Gear restrictions.

    (a) Biodegradable panels. A stone crab trap used or possessed in 
the management area must have a panel constructed of wood or cotton and 
located on a side of the trap at least two slats above the bottom, or 
on the top of the trap, which, when removed, will leave an opening in 
the trap measuring at least 2.5 inches by 5 inches (6.35 cm by 12.7 
cm).
    (b) Daylight hours. A stone crab trap in the management area may be 
pulled or tended during daylight hours only-- [[Page 13921]] that is, 
from 1 hour before sunrise to 1 hour after sunset.
    (c) Gear belonging to others. No fisherman may willfully tend, 
open, pull, or otherwise molest another fisherman's trap, buoy, or line 
in the management area without the prior written consent of that 
fisherman.


Sec. 654.23  Southwest Florida seasonal trawl closure.

    From January 1 to 1 hour after sunset (local time) May 20, each 
year, the area described in this section is closed to trawling, 
including trawling for live bait. The area is that part of the 
management area shoreward of a line connecting the following points 
(see Appendix A, Figure 2, of this part):

------------------------------------------------------------------------
                                                North           West    
                   Point                       Latitude      Longitude  
------------------------------------------------------------------------
B\1\......................................  26 deg.16'     81 deg.58.5' 
C.........................................  26 deg.00'     82 deg.04'   
D.........................................  25 deg.09'     81 deg.47.6' 
E.........................................  24 deg.54.5'   81 deg.50.5' 
M\1\......................................  24 deg.49.3'   81 deg.46.4' 
------------------------------------------------------------------------
\1\On the seaward limit of Florida's waters.                            

Sec. 654.24  Shrimp/stone crab separation zones.

    Five zones are established in the management area and Florida's 
waters off Citrus and Hernando Counties for the separation of shrimp 
trawling and stone crab trapping. The zones are as shown in Appendix A, 
Figure 3, of this part. Although Zone II is entirely within Florida's 
waters, it is included in this section and Appendix A, Figure 3, of 
this part for the convenience of fishermen. Restrictions that apply to 
Zone II and those parts of the other zones that are in Florida's waters 
are contained in Rule 46-38.001, Florida Administrative Code. 
Geographical coordinates of the points referred to in this paragraph 
and shown in Appendix A, Figure 3, of this part are as follows (loran 
readings are unofficial and are included only for the convenience of 
fishermen):

----------------------------------------------------------------------------------------------------------------
                                                                               Loran Chain 7980                 
          Point            North latitude    West longitude  ---------------------------------------------------
                                                                   W            X            Y            Z     
----------------------------------------------------------------------------------------------------------------
A.......................  28 deg.59'30''    82 deg.45'36''        14416.5      31409.4      45259.1      62895.3
B.......................  28 deg.59'30''    83 deg.00'10''        14396.0      31386.3      45376.8      63000.0
C.......................  28 deg.26'01''    82 deg.59'47''        14301.5      31205.9      45103.2      63000.0
D.......................  28 deg.26'01''    82 deg.56'54''        14307.0      31212.2      45080.0      62981.3
E.......................  28 deg.41'39''    82 deg.55'25''        14353.7      31300.2      45193.9      62970.0
F.......................  28 deg.41'39''    82 deg.56'09''        14352.4      31298.6      45199.4      62975.0
G.......................  28 deg.48'56''    82 deg.56'19''        14372.6      31337.2      45260.0      62975.0
H.......................  28 deg.53'51''    82 deg.51'19''        14393.9      31371.8      45260.0      62938.7
I.......................  28 deg.54'43''    82 deg.44'52''          (\1\)        (\1\)        (\1\)        (\1\)
J.......................  28 deg.51'09''    82 deg.44'00''          (\2\)        (\2\)        (\2\)        (\2\)
K.......................  28 deg.50'59''    82 deg.54'16''        14381.6      31351.8      45260.0      62960.0
L.......................  28 deg.41'39''    82 deg.53'56''        14356.2      31303.0      45181.7      62960.0
M.......................  28 deg.41'39''    82 deg.38'46''          (\3\)        (\3\)        (\3\)        (\3\)
N.......................  28 deg.41'39''    82 deg.53'12''        14357.4      31304.4      45176.0      62955.0
O.......................  28 deg.30'51''    82 deg.55'11''        14323.7      31242.4      45104.9      62970.0
P.......................  28 deg.40'00''    82 deg.53'08''        14352.9      31295.7      45161.8      62955.0
Q.......................  28 deg.40'00''    82 deg.47'58''        14361.3      31305.4      45120.0      62920.0
R.......................  28 deg.35'14''    82 deg.47'47''        14348.6      31280.6      45080.0      62920.0
S.......................  28 deg.30'51''    82 deg.52'55''        14327.7      31247.0      45086.6      62955.0
T.......................  28 deg.27'46''    82 deg.55'09''        14315.2      31225.8      45080.0      62970.0
U.......................  28 deg.30'51''    82 deg.52'09''        14329.1      31248.6      45080.0     62949.9 
----------------------------------------------------------------------------------------------------------------
\1\Crystal River Entrance Light 1A.                                                                             
\2\Long Pt. (southwest tip).                                                                                    
\3\Shoreline.                                                                                                   

    (a) Zone I is enclosed by rhumb lines connecting, in order, points 
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points 
A and J. It is unlawful to trawl in that part of Zone I that is in the 
EEZ during the period October 5 through May 20, each year.
    (b) Zone II is enclosed by rhumb lines connecting, in order, points 
J, I, H, K, L, and M, plus the shoreline between points J and M.
    (c) Zone III is enclosed by rhumb lines connecting, in order, 
points P, Q, R, U, S, and P. It is unlawful to trawl in that part of 
Zone III that is in the EEZ during the period October 5 through May 20, 
each year.
    (d) Zone IV is enclosed by rhumb lines connecting, in order, points 
E, N, S, O, and E.
    (1) It is unlawful to place a stone crab trap in that part of Zone 
IV that is in the EEZ during the periods October 5 through December 1, 
and April 2 through May 20, each year.
    (2) It is unlawful to trawl in that part of Zone IV that is in the 
EEZ during the period December 2 through April 1, each year.
    (e) Zone V is enclosed by rhumb lines connecting, in order, points 
F, G, K, L, and F.
    (1) It is unlawful to place a stone crab trap in that part of Zone 
V that is in the EEZ during the periods October 5 through November 30, 
and March 16 through May 20, each year.
    (2) It is unlawful to trawl in that part of Zone V that it is in 
the EEZ during the period December 1 through March 15, each year.
    (f) A stone crab trap, float, or rope in the management area during 
a period not authorized by this section will be considered unclaimed or 
abandoned property and may be disposed of in any manner considered 
appropriate by the Assistant Administrator or an authorized officer. An 
owner of such trap, float, or rope remains subject to appropriate civil 
penalties. A stone crab trap will be presumed to be the property of the 
most recently documented owner.


Sec. 654.25  Prevention of gear conflicts.

    (a) No person may knowingly place in the management area any 
article, including fishing gear, that interferes with fishing or 
obstructs or damages fishing gear or the fishing vessel of another; or 
knowingly use fishing gear in such a fashion that it obstructs or 
damages the fishing gear or fishing vessel of another.
    (b) In accordance with the procedures and limitations of the 
Fishery [[Page 13922]] Management Plan for the Stone Crab Fishery of 
the Gulf of Mexico, the Regional Director may modify or establish 
separation zones for shrimp trawling and the use of fixed gear as may 
be necessary and appropriate to prevent gear conflicts. Necessary 
prohibitions or restrictions will be published in the Federal Register.


Sec. 654.26  Adjustment of management measures.

    In accordance with the procedures and limitations of the fishery 
management plan for the Stone Crab Fishery of the Gulf of Mexico, the 
Regional Director may establish or modify the following management 
measures: Limitations on the number of traps that may be fished by each 
vessel; construction characteristics of traps; gear and vessel 
identification requirements; gear that may be used or prohibited in a 
directed fishery; bycatch levels in non-directed fisheries; seasons; 
soak/removal periods and requirements for traps; use, possession and 
handling of stone crabs aboard vessels; and minimum legal sizes.


Sec. 654.27  Specifically authorized activities.

    The Regional Director may authorize, for the acquisition of 
information and data, activities otherwise prohibited by the 
regulations in this part.

Appendix A to Part 654--Figures

Figure 1--Stone Crab Claw
Figure 2--Southwest Florida Seasonal Trawl Closure
Figure 3--Shrimp/Stone Crab Separation Zones

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[FR Doc. 95-6334 Filed 3-14-95; 8:45 am]
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