34930 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Parts 622, 638, 641, 642, 645,

646, 647, 653, 658, 659, 669, and 670

[Docket No. 960313071–6169–022; I.D.

050996D]

RIN 0648–AI20

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule; request for

comments.

SUMMARY: NMFS is consolidating eleven

CFR parts into one new CFR part. The

new part contains regulations

implementing management measures

contained in the fishery management

plans (FMPs) for the following domestic

fisheries in the Caribbean, Gulf of

Mexico, and South Atlantic: Caribbean

coral, Caribbean reef fish, Caribbean

spiny lobster, Gulf red drum, Gulf reef

fish, Gulf shrimp, Gulf and South

Atlantic coastal migratory pelagics, Gulf

and South Atlantic corals, South

Atlantic red drum, South Atlantic

snapper-grouper, and South Atlantic

shrimp. This interim final rule

reorganizes management measures into

a logical and cohesive order, removes

duplicative and outdated provisions,

and makes changes to improve

readability and clarity and to achieve

uniformity in regulatory language. This

interim final rule also amends

references to Paperwork Reduction Act

(PRA) information-collection

requirements to reflect the

consolidation; revises the existing,

approved collections of information

related to submissions of permit

applications to make them less

burdensome; and makes revisions to

existing approved collections of

information related to reporting

requirements to improve uniformity of

regulatory language. The intended effect

of this interim final rule is to make the

regulations more concise, better

organized, more uniform among

fisheries, and thereby easier for the

public to use. This action is part of the

President’s Regulatory Reinvention

Initiative.

DATES: Interim final rule effective July 1,

1996. Written comments on the interim

final rule must be received on or before

August 2, 1996.

ADDRESSES: Requests for and comments

on the interim final rule must be sent to

the Southeast Regional Office, NMFS,

9721 Executive Center Drive N., St.

Petersburg, FL 33702. Comments

regarding burden-hour estimates or

other aspects of the collection-ofinformation requirements contained in

this rule should be sent to Edward E.

Burgess, Southeast Regional Office,

NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702, and to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget (OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

Perry Allen or Rod Dalton, NMFS, 813–

570–5326.

SUPPLEMENTARY INFORMATION:

Background

In March 1995, President Clinton

issued a directive to Federal agencies

regarding their responsibilities under

his Regulatory Reinvention Initiative.

This initiative is part of the National

Performance Review and calls for

comprehensive regulatory reform. The

President directed all agencies to

undertake a review of all their

regulations, with an emphasis on

eliminating or modifying those that are

obsolete, duplicative, or otherwise in

need of reform. This interim final rule

is intended to carry out the President’s

directive with respect to those

regulations implementing the following

FMPs for domestic fisheries in the

Caribbean, Gulf of Mexico, and South

Atlantic. These FMPs were prepared

under the Magnuson Act by the

Caribbean, Gulf of Mexico, and/or South

Atlantic Fishery Management Councils

(CFMC, GMFMC, SAFMC, respectively).

FMP title Responsible council(s) Geographical area

Atlantic Coast Red Drum FMP ........................................... SAFMC Mid-Atlantic and South Atlantic.

FMP for Coastal Migratory Pelagic Resources .................. GMFMC/SAFMC Gulf,1 Mid-Atlantic 1 2 and South Atlantic.1 3

FMP for Coral and Coral Reefs of the Gulf of Mexico ....... GMFMC Gulf.

FMP for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region.SAFMC South Atlantic.

FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the U.S. Virgin Islands.CFMC Caribbean.

FMP for the Red Drum Fishery of the Gulf of Mexico ....... GMFMC Gulf.1

FMP for the Reef Fish Fishery of Puerto Rico and the

U.S. Virgin Islands.

CFMC Caribbean.

FMP for the Reef Fish Resources of the Gulf of Mexico ... GMFMC Gulf.1

FMP for the Shrimp Fishery of the Gulf of Mexico ............ GMFMC Gulf.1

FMP for the Shrimp Fishery of the South Atlantic Region SAFMC South Atlantic.

FMP for the Snapper-Grouper Fishery of the South Atlantic Region..SAFMC South Atlantic.1 4

FMP for the Spiny Lobster Fishery of Puerto Rico and the

U.S. Virgin Islands.

CFMC Caribbean.

1 Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.

2Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic.

3Bluefish are not managed under the FMP in the South Atlantic.

4Bank, rock, and black sea bass and scup are not managed by the FMP north of 35°15.3′ N. lat., the latitude of Cape Hatteras Light, NC.

Consolidation of Regulations Into One

CFR Part (50 CFR Part 622)

Currently, regulations implementing

the FMPs for Caribbean coral, Caribbean

reef fish, Caribbean spiny lobster, Gulf

red drum, Gulf reef fish, Gulf shrimp,

Gulf and South Atlantic coastal

migratory pelagics, Gulf and South

Atlantic corals, South Atlantic red

drum, South Atlantic snapper-grouper,

and South Atlantic shrimp appear in

eleven separate parts of title 50 of the

CFR. NMFS, through this rulemaking,

removes the eleven parts (50 CFR parts

638, 641, 642, 645, 646, 647, 653, 658,

659, 669, and 670) and consolidates the

regulations contained therein into one

new part (50 CFR part 622). This
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34931

consolidated regulation provides the

public with a single reference source for

the Federal marine fisheries regulations

specific to the Caribbean, Gulf of

Mexico, and South Atlantic. The

restructuring of the eleven parts into a

single part results in one set of

regulations that is more concise, clearer,

and easier to use than the eleven

separate parts. General regulations

pertaining to all fisheries, formerly at 50

CFR part 620, have also been

restructured and consolidated and now

appear in 50 CFR part 600. Many

provisions in these general fisheries

regulations apply to the fisheries in the

EEZ in the Caribbean, Gulf of Mexico,

and South Atlantic.

Reorganization and Elimination of

Regulations

In new part 622, NMFS has

reorganized the consolidated

management measures in a more logical

and cohesive order. Because portions of

the existing regulations contain

identical or nearly identical provisions,

similar measures have been combined

and restructured. Sections relating to

purpose and scope, definitions, relation

to other laws, vessel identification,

prohibitions, facilitation of enforcement,

penalties, and specifically authorized

activities, in each of the eleven existing

parts have been combined into single,

respective sections in part 622. For

example, whereas the existing

regulations contain eleven, nearly

identical purpose and scope sections,

part 622 contains a single purpose and

scope section that addresses all

applicable fisheries. As a result of this

consolidation effort, NMFS removed

numerous duplicative provisions from

the regulations.

Throughout part 622, types of

management measures and provisions

common to multiple fisheries are

grouped together under a single section

heading, e.g., minimum sizes for all

fisheries are located in a single section.

Within sections, information or

requirements of general applicability are

stated in an introductory paragraph to

minimize duplication; any aspects

unique to a particular fishery are

addressed in subsequent paragraphs

within the section. Paragraph headings

have been added for ease in identifying

measures, and regulatory language has

been revised to improve clarity and

consistency. No substantive changes

were made to the regulations by this

reorganization, or by the removal of

duplicative provisions.

Changes To Improve Uniformity Among

Regulations

In the Southeast Region, many

fishermen and dealers participate in

multiple fisheries. Making regulatory

requirements among fisheries more

consistent simplifies the overall

management regime, enhances the

ability of all parties, including NMFS

personnel, to understand and remember

regulations, and improves compliance.

As part of this regulatory consolidation

process, NMFS has standardized

regulatory provisions among fisheries

where it was possible to do so without

significant change in regulatory impact

or adverse impact on effective

management. The changes involved and

the rationale and expected impacts are

discussed below. NMFS invites

comment on these changes.

Permits and Fees

A person applying for a permit for a

fishery in which a fish trap or sea bass

pot will be used is required, under

existing regulations, to indicate the

desired color code for identifying buoys

that are attached to traps/pots. The

current regulations for the Gulf reef fish

fishery explicitly state that white is not

an acceptable color code, and white has

not been accepted as a color code in

other trap/pot fisheries. White is not

acceptable because buoys are white.

Therefore, a white color code would be

indistinguishable from a buoy that has

no color code and would frustrate

enforcement. This rule makes the

explicit statement in the reef fish

regulations applicable to all trap/pot

fisheries and merely provides advance

notification to the permit applicant, of

the existing policy—there is no

additional regulatory effect.

Existing regulations require that the

Director, Southeast Region, NMFS

(Regional Director) be notified within 15

days of any change in pertinent

information provided with a permit

application. This rule extends the time

period to 30 days and is, therefore, less

restrictive.

The option for a vessel permit for king

or Spanish mackerel to be transferred

upon sale of the vessel and for the new

owner to fish under the preceding

owner’s permit for up to 60 days is

deleted in this rule. This complies with

the intent of the Gulf of Mexico and

South Atlantic Fishery Management

Councils that only owners who have

documented their permit eligibility be

allowed to participate in the fishery.

The change is necessary to achieve

consistent transfer provisions among

fisheries. This does not alter the existing

requirement that all new owners apply

for a permit.

Recordkeeping and Reporting

Changes have been made to achieve

consistency regarding deadlines for

submission of required reports by

commercial vessel owners or operators.

This rule requires that all such reports

be postmarked not later than 7 days

after the end of each trip. Deadlines for

submission in the current regulations

are couched in various terms, such as

‘‘transmitted’’ and ‘‘received,’’ and, for

Gulf reef fish, in terms of ‘‘on a monthly

basis (or more frequently, if requested

by the Science and Research Director).’’

The Science and Research Director

currently requires submission of

required reports by commercial vessel

owners and operators on a trip basis in

all fisheries where such reports are

required. Regulations for the snappergrouper fishery specify a deadline of

postmarked not later than the third day

after sale of fish, and the king and

Spanish mackerel regulations contain

no submission deadline. This added

deadline clarifies an implied but

unspecified deadline for king and

Spanish mackerel, but has no immediate

impact on fishermen because no vessels

are currently selected to submit reports

in the king and Spanish mackerel

fishery. For snapper-grouper, the new

deadline is expected to be less

restrictive on average.

This rule standardizes requirements

for submission of required reports for

charter vessel and headboat owners or

operators to achieve consistency with

the Gulf reef fish requirements. The

reporting deadline for charter vessels

established by this rule is not later than

7 days after the end of the reporting

period. Current regulations for snappergrouper charter vessels and headboats

require submission on a periodic basis,

as specified by the Science and

Research Director; for coastal migratory

pelagic charter vessels and headboats,

weekly submission is required but no

deadline is specified. The new

deadlines make the requirements

consistent among fisheries and provide

needed specificity. The new

requirements are generally less

burdensome than existing requirements.

This rule clarifies that the deadline

for submission of Gulf reef fish and

snapper-grouper dealer reports is 5 days

after the end of the month, unless

modified by the Science and Research

Director. Current regulations are less

specific, requiring submission as

specified by the Science and Research

Director for Gulf reef fish dealers and at

monthly intervals, or more frequently, if

requested, for snapper-grouper dealers.
34932 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

This rule requires submission of

negative reports (no fish received) for

snapper-grouper and coastal migratory

pelagics dealers, if selected to report.

This is a minimal reporting burden

expected to occur infrequently, but

enhances enforceability of reporting

requirements. This requirement has

been approved by OMB under OMB

control number 0648–0016.

This rule adds a provision allowing a

dealer reporting South Atlantic snappergrouper, other than wreckfish, to report

via facsimile (fax). This is a less

restrictive alternative provided for the

convenience of dealers.

The requirement to make fish

available for inspection by the Science

and Research Director or an authorized

officer is applied to participants in the

Caribbean reef fish and Caribbean spiny

lobster fisheries. This standardizes the

requirement among all fisheries

regulated by this part and will improve

enforceability. Additional burden

associated with this change is minimal

since access to fish is all that is

required.

This rule provides a requirement for

a charter vessel owner or operator in the

coastal migratory pelagics fishery, who

has not been selected to submit

logbooks, to provide verbal responses to

seven, simple questions, if selected for

an interview. This standardizes the

requirement among all fisheries

regulated by this part that have a charter

vessel sector. This is a less burdensome

alternative for obtaining information on

an as-needed basis compared to

selecting the entity to report on a

continuing basis under authority in the

current regulations.

This rule authorizes the Science and

Research Director to select for reporting

a snapper-grouper vessel that operates

in state waters adjoining the EEZ

without a Federal permit. This

standardizes the requirement among

fisheries and is necessary to ensure

comprehensive data collection essential

for fisheries management. The purpose

and scope section of the existing

snapper-grouper regulations states that

recordkeeping and reporting

requirements apply in the EEZ and

adjoining state waters. The existing

snapper-grouper regulations require the

owner or operator of a permitted vessel,

charter vessel, or headboat operating in

adjoining state waters to report, if

selected. The change imposed by this

interim final rule applies that same

requirement to an owner or operator of

an unpermitted vessel operating in

adjoining state waters. This is necessary

to ensure that all sources of fishing

effort and fishing mortality affecting the

managed stock are properly accounted

for in the Federal management regime.

NMFS is unaware of any snappergrouper vessels that operate exclusively

in state waters, and, therefore, are not

permitted. Accordingly, this

authorization should have no immediate

effect on fishermen and would not

impose an additional reporting burden.

Vessel and Gear Identification

This rule standardizes most vessel

and gear identification requirements

among fisheries; provides less restrictive

marking requirements for vessels 25 ft

(7.6 m) or less in length in all fisheries;

and makes changes in marking

requirements to achieve consistency,

e.g., simply requires numbers and color

codes on buoys to be easily

distinguished, located, and identified,

versus the current differing

requirements regarding size of such

markings in various fisheries. These

changes: (1) Enhance consistency; (2)

address prior complaints from small

vessel owners regarding difficulty of

complying with marking requirements;

(3) relieve restrictions; and (4) will not

impair enforcement.

The rule also requires that, in the

South Atlantic snapper-grouper fishery,

a valid identification tag issued by the

Regional Director be attached to each

sea bass pot on board a vessel with a

Federal permit. Current regulations

require this only for pots used or

possessed in the EEZ; the revised

language requires pots on board a vessel

with a Federal permit to have the tag

attached while in state waters also. This

change makes this aspect of trap

marking requirements consistent in the

Gulf and South Atlantic and will

enhance enforceability. NMFS is not

aware of any vessels with Federal

snapper-grouper permits that fish

exclusively in state waters; therefore,

this change is not expected to impose an

additional burden. That is, if such

vessels fish in Federal waters, the pots

would have to be tagged while in

Federal waters under current

regulations. The change would simply

require that tags remain on the trap

while in state waters.

Prohibited Gear and Methods

Use of explosives is prohibited

currently for most fisheries because of

the obvious detrimental impacts on

nontarget fishery resources and habitat.

To achieve consistency, this rule

prohibits the use of explosives in the

Gulf shrimp fishery and makes explicit

the implied prohibition in the current

coral regulations. NMFS is unaware of

any use of explosives in these fisheries;

therefore, this change is preventative

and results in no additional regulatory

burden on current fishery participants.

Landing Fish Intact

For all fisheries for which fish must

be landed intact, this rule allows such

fish to be gilled and scaled, in addition

to being eviscerated as allowed under

current regulations. Currently only the

Gulf reef fish regulations allow such fish

to be gilled and scaled. This change

would achieve consistency among

fisheries, lessen existing restrictions,

and not impair the effectiveness of other

management measures for which the

intact requirement was established.

Limitations on Fish Traps, Sea Bass

Pots, and Spiny Lobster Traps

Current regulations require that, in

the Caribbean reef fish fishery, a trap

owner’s written authorization for

another person to pull or tend his traps

must specify the time period for such

authorization. To achieve consistency,

provide for effective management and

enforcement, and protect the owner’s

interests, this rule adds the same

requirement to the Caribbean spiny

lobster fishery.

Specifically Authorized Activities

Current regulations for all fisheries

being consolidated by this rule provide

for the appropriate authority to

authorize, for the acquisition of

information and data, activities that are

otherwise prohibited. In addition, under

the Gulf and South Atlantic coral

regulations, the Regional Director may

issue a permit for an individual to take

or possess prohibited coral when such

prohibited coral will be used for a

scientific, educational, or restoration

purpose. New regulations at 50 CFR

600.745, entitled ‘‘Scientific research

activity, exempted fishing, and

exempted educational activity,’’ cover

activities that are otherwise prohibited

and the take of prohibited coral for a

scientific, educational, or restoration

purpose. Accordingly, 50 CFR 600.745

is referred to in the consolidated

regulations in lieu of including these

provisions.

Delegation of Authority

Under NOAA Administrative Order

205–11, 7.01, dated December 17, 1990,

the Under Secretary for Oceans and

Atmosphere has delegated to the

Assistant Administrator for Fisheries,

NOAA (AA), the authority to sign

material for publication in the Federal

Register.
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34933

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

Paperwork Reduction Act

This rule contains collection-ofinformation requirements subject to the

PRA.

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with a collection of information, subject

to the requirement of the PRA, unless

that collection of information displays a

currently valid OMB Control Number.

Approved Collection-of-Information

Requirements

The following collection-ofinformation requirements have already

been approved by OMB under the

following control numbers:

a. 0648–0013—Dealer reports

estimated at 0.085 hours per response.

Dealer recordkeeping estimated at 0.667

hours per response. Trip interviews

estimated at 0.167 hours per response.

b. 0648–0016—Vessel reports: (1)

Commercial vessel logbook reports

estimated at 0.18 hours per response, (2)

charter vessel logbook reports estimated

at 0.20 hours per response, and (3)

headboat logbook reports estimated at

0.20 hours per response. Coral reports:

(1) Reports for individuals permitted to

harvest prohibited coral, allowable

octocoral, or live rock or deposit live

rock estimated at 0.25 hours per

response, and (2) advance notification of

aquacultured live rock harvest estimated

at 0.033 hours per response. Negative

reports for fishermen and dealers are

estimated at 0.033 and 0.050 hours per

response, respectively.

c. 0648–0205—Vessel permits

estimated at 0.33 hours per response.

Dealer permits estimated at 0.83 hours

per response. Coral permits estimated at

0.25 hours per response.

d. 0648–0262—Wreckfish share

transfers estimated at 0.25 hours per

response.

e. 0648–0305—Gear identification

requirements estimated at 0.33 hours

per response.

f. 0648–0306—Vessel identification

requirements estimated at 0.75 hours

per response.

The estimated response times include

the time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collections of information.

Revision of Approved Collection-ofInformation Requirements

This rule revises existing collectionof-information requirements regarding

submissions of applications for coral

permits, vessel permits, and dealer

permits. The collections of information

associated with such applications are

currently approved under OMB Control

No. 0648–0205. In accordance with the

President’s Reporting Frequency

Reduction Project, this rule reduces the

frequency with which an applicant must

apply for renewal of a coral, vessel, or

dealer permit. Specifically, an applicant

must apply only every other year in lieu

of annually. A permit will continue to

be issued for a 1-year period but will be

automatically renewed for a second

year, provided a vessel owner/operator

or dealer has met the specific

requirements for the permit, all required

reports have been submitted, and the

permit is not subject to sanction or

denial. An applicant will be given a

timely opportunity to correct any

deficiency before a permit expires. This

revision relieves a restriction regarding

the frequency of responses required.

The public reporting burdens for the

approved collections, in terms of

estimated time required per response,

are unchanged by this revision. Send

comments regarding burden estimates,

or any other aspect of the data

requirements, including suggestions for

reducing the burden, to NMFS and OMB

(see ADDRESSES).

The changes necessary to achieve

more uniform reporting requirements,

discussed above under ‘‘Recordkeeping

and reporting’’, have been approved by

OMB under the approved collections of

information listed above.

Section 3507(c)(B)(i) of the PRA

requires that agencies inventory and

display a current control number

assigned by the Director, OMB, for each

agency information collection. Section

902.1(b) identifies the location of NOAA

regulations for which OMB approval

numbers have been issued. Because this

interim final rule codifies many

recordkeeping and reporting

requirements, 15 CFR 902.1(b) is revised

to reference correctly the new sections

resulting from the consolidation.

Administrative Procedure Act

This interim final rule consolidates 11

sets of regulations for the fisheries of the

Caribbean, Gulf of Mexico, and South

Atlantic into one comprehensive rule;

reorganizes management measures in

logical order; eliminates language that

was duplicated among the various

existing rules; and makes minor changes

in certain regulatory provisions to

provide a regulatory regime that is more

consistent among all fisheries and less

complex. While some of these minor

changes may be of the type for which 5

U.S.C. 553 requires notice and

opportunity for comment, to do so in

this instance would be impractical and

contrary to the public interest. The

consolidation for the fisheries of the

Caribbean, Gulf of Mexico, and South

Atlantic is just one component of a

comprehensive consolidation and

restructuring of all of NMFS’ fisheries

regulations. That consolidation will be

effective on July 1, 1996, and the

Caribbean, Gulf of Mexico, and South

Atlantic consolidation must be effective

on that date as well or regulatory gaps

and public confusion will result. The

majority of changes in the Caribbean,

Gulf of Mexico, and South Atlantic

consolidation, including most of those

that change existing rights or

obligations, have neutral or less

restrictive regulatory effects. Those few

changes that result in greater restrictions

or obligations are not likely to have any

immediate effect for the reasons stated

in the preamble. None of the changes

are expected to increase regulatory

burden significantly. Accordingly, the

AA, under 5 U.S.C. 553(b)(3)(B), for

good cause finds that providing advance

notice and opportunity for public

comment is impractical and contrary to

the public interest. Public comment is

invited for 30 days. If any significant,

unforeseen regulatory effects are

identified during public comment,

appropriate changes will be made in the

final rule. For the same reasons, the AA,

under 5 U.S.C. 553(d)(3), for good cause

waives the requirement to delay for 30

days the effectiveness of this rule.

List of Subjects

15 CFR Part 902

Reporting and recordkeeping

requirements.

50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

50 CFR Parts 638, 641, 642, 645, 646,

653, and 658

Fisheries, Fishing, Reporting and

recordkeeping requirements.

50 CFR Parts 647 and 659

Fisheries, Fishing.

50 CFR Parts 669 and 670

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.
34934 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Dated: June 20, 1996.

Henry R. Beasley,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR chapter IX and 50

CFR chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902—NOAA INFORMATION

COLLECTION REQUIREMENTS UNDER

THE PAPERWORK REDUCTION ACT:

OMB CONTROL NUMBERS

1. The authority citation for part 902

continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. In § 902.1, paragraph (b) table, in

the entries for 50 CFR in the left

column, in numerical order, the entries

‘‘638.4’’, ‘‘638.5’’, ‘‘638.6’’, ‘‘638.27’’,

‘‘641.5’’, ‘‘641.6’’, ‘‘641.10’’, ‘‘642.4’’,

‘‘642.5’’, ‘‘642.6’’, ‘‘645.4’’, ‘‘645.6’’,

‘‘646.4’’, ‘‘646.5’’, ‘‘646.6’’, ‘‘646.10’’,

‘‘653.5’’, ‘‘658.5’’, ‘‘658.6’’, ‘‘669.6’’,

‘‘670.6’’, and ‘‘670.23’’ and their

corresponding OMB control numbers in

the right column are removed, and new

entries ‘‘622.4’’, ‘‘622.5’’, ‘‘622.6’’,

622.15’’, ‘‘622.41(a)’’, and ‘‘622.45(a)’’

and their corresponding OMB control

numbers are added in numerical order

to read as follows:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) * * *

CFR part or section

where the information

collection requirement

is located

Current OMB control

number (all numbers

begin with 0648–)

* * * * *

50 CFR

* * * * *

622.4 ......................... –0205.

622.5 ......................... –0013, and –0016.

622.6 ......................... –0305, and –0306.

622.15 ....................... –0262.

622.41(a) ................... –0016 and –0305.

622.45(a) ................... –0013.

* * * * *

50 CFR CHAPTER VI

3. Part 622 is added to read as follows:

PART 622—FISHERIES OF THE

CARIBBEAN, GULF, AND SOUTH

ATLANTIC

Subpart A—General Provisions

Sec.

622.1 Purpose and scope.

622.2 Definitions and acronyms.

622.3 Relation to other laws and

regulations.

622.4 Permits and fees.

622.5 Recordkeeping and reporting.

622.6 Vessel and gear identification.

622.7 Prohibitions.

Subpart B—Effort Limitations

622.15 Wreckfish individual transferable

quota (ITQ) system.

622.16 Red snapper individual transferable

quota (ITQ) system.

Subpart C—Management Measures

622.30 Fishing years.

622.31 Prohibited gear and methods.

622.32 Prohibited and limited-harvest

species.

622.33 Caribbean EEZ seasonal and/or area

closures.

622.34 Gulf EEZ seasonal and/or area

closures.

622.35 South Atlantic EEZ seasonal and/or

area closures.

622.36 Seasonal harvest limitations.

622.37 Minimum sizes.

622.38 Landing fish intact.

622.39 Bag and possession limits.

622.40 Limitations on traps and pots.

622.41 Species specific limitations.

622.42 Quotas.

622.43 Closures.

622.44 Commercial trip limits.

622.45 Restrictions on sale/purchase.

622.46 Prevention of gear conflicts.

622.47 Gulf groundfish trawl fishery.

622.48 Adjustment of management

measures.

Appendix A to Part 622—Species Tables

Appendix B to Part 622—Gulf Areas

Appendix C to Part 622—Fish Length

Measurements

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

Subpart A—General Provisions

§ 622.1 Purpose and scope.

(a) The purpose of this part is to

implement the FMPs prepared under

the Magnuson Act by the CFMC,

GMFMC, and/or SAFMC listed in Table

1 of this section.

(b) This part governs conservation and

management of species included in the

FMPs in or from the Caribbean, Gulf,

Mid-Atlantic, or South Atlantic EEZ, as

indicated in Table 1 of this section. For

the FMPs noted in the following table,

conservation and management extends

to adjoining state waters for the

purposes of data collection and

monitoring:

TABLE 1.—FMPS IMPLEMENTED UNDER PART 622

FMP title Responsible fishery

management council(s) Geographical area

Atlantic Coast Red Drum FMP ........................................... SAFMC Mid-Atlantic and South Atlantic.

FMP for Coastal Migratory Pelagic Resources .................. GMFMC/SAFMC Gulf,1 Mid-Atlantic 1,2 and South Atlantic.1, 3

FMP for Coral and Coral Reefs of the Gulf of Mexico ....... GMFMC Gulf.

FMP for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region.SAFMC South Atlantic.

FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the U.S. Virgin Islands.CFMC Caribbean.

FMP for the Red Drum Fishery of the Gulf of Mexico ....... GMFMC Gulf.1

FMP for the Reef Fish Fishery of Puerto Rico and the

U.S. Virgin Islands.

CFMC Caribbean.

FMP for the Reef Fish Resources of the Gulf of Mexico ... GMFMC Gulf.1

FMP for the Shrimp Fishery of the Gulf of Mexico ............ GMFMC Gulf.1

FMP for the Shrimp Fishery of the South Atlantic Region SAFMC South Atlantic.

FMP for the Snapper-Grouper Fishery of the South Atlantic Region.SAFMC South Atlantic.1, 4

FMP for the Spiny Lobster Fishery of Puerto Rico and the

U.S. Virgin Islands.

CFMC Caribbean.

1 Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.

2Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic.

3Bluefish are not managed under the FMP in the South Atlantic.

4Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35°15.3′ N. lat., the latitude of Cape

Hatteras Light, NC.
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34935

§ 622.2 Definitions and acronyms.

In addition to the definitions in the

Magnuson Act and in § 600.10 of this

chapter, and the acronyms in § 600.15 of

this chapter, the terms and acronyms

used in this part have the following

meanings:

Allowable chemical means a

substance, generally used to immobilize

marine life so that it can be captured

alive, that, when introduced into the

water, does not take Gulf and South

Atlantic prohibited coral and is allowed

by Florida for the harvest of tropical fish

(e.g., quinaldine, quinaldine

compounds, or similar substances).

Allowable octocoral means an erect,

nonencrusting species of the subclass

Octocorallia, except the seafans

Gorgonia flabellum and G. ventalina,

plus the attached substrate within 1

inch (2.54 cm) of an allowable octocoral.

Note: An erect, nonencrusting species of

the subclass Octocorallia, except the seafans

Gorgonia flabellum and G. ventalina, with

attached substrate exceeding 1 inch (2.54 cm)

is considered to be live rock and not

allowable octocoral.

Aquacultured live rock means live

rock that is harvested under a Federal

aquacultured live rock permit, as

required under § 622.4(a)(3)(iii).

Authorized statistical reporting agent

means:

(1) Any person so designated by the

SRD; or

(2) Any person so designated by the

head of any Federal or State agency that

has entered into an agreement with the

Assistant Administrator to collect

fishery data.

Buoy gear means fishing gear

consisting of a float and one or more

weighted lines suspended therefrom,

generally long enough to reach the

bottom. A hook or hooks (usually 6 to

10) are on the lines at or near the end.

The float and line(s) drift freely and are

retrieved periodically to remove catch

and rebait hooks.

Carapace length means the straightline distance from the orbital notch

inside the orbital spine, in a line

parallel to the lateral rostral sulcus, to

the posterior margin of the

cephalothorax. (See Figure 1 in

Appendix C of this part.)

Caribbean means the Caribbean Sea

around Puerto Rico and the U.S. Virgin

Islands.

Caribbean coral reef resource means

one or more of the species, or a part

thereof, listed in Table 1 in Appendix A

of this part, whether living or dead.

Caribbean prohibited coral means, in

the Caribbean; a gorgonian, that is, a

Caribbean coral reef resource of the

Class Anthozoa, Subclass Octocorallia,

Order Gorgonacea; a live rock; or a stony

coral, that is, a Caribbean coral reef

resource of the Class Hydrozoa (fire

corals and hydrocorals) or of the Class

Anthozoa, Subclass Hexacorallia,

Orders Scleractinia (stony corals) and

Antipatharia (black corals); or a part

thereof.

Caribbean reef fish means one or more

of the species, or a part thereof, listed

in Table 2 in Appendix A of this part.

Caribbean spiny lobster means the

species Panulirus argus, or a part

thereof.

CFMC means the Caribbean Fishery

Management Council.

Charter vessel means a vessel less

than 100 gross tons (90.8 mt) that meets

the requirements of the USCG to carry

six or fewer passengers for hire and that

carries a passenger for hire at any time

during the calendar year. A charter

vessel with a commercial permit, as

required under § 622.4(a)(2), is

considered to be operating as a charter

vessel when it carries a passenger who

pays a fee or when there are more than

three persons aboard, including operator

and crew.

Coastal migratory pelagic fish means

one or more of the following species, or

a part thereof:

(1) Bluefish, Pomatomus saltatrix

(Gulf of Mexico only).

(2) Cero, Scomberomorus regalis.

(3) Cobia, Rachycentron canadum.

(4) Dolphin, Coryphaena hippurus

(5) King mackerel, Scomberomorus

cavalla.

(6) Little tunny, Euthynnus

alletteratus.

(7) Spanish mackerel, Scomberomorus

maculatus.

Coral area means marine habitat in

the Gulf or South Atlantic EEZ where

coral growth abounds, including patch

reefs, outer bank reefs, deep water

banks, and hard bottoms.

Drift gillnet, for the purposes of this

part, means a gillnet, other than a runaround gillnet, that is unattached to the

ocean bottom, whether or not attached

to a vessel.

Fish trap means—

(1) In the Caribbean EEZ, a trap and

its component parts (including the lines

and buoys), regardless of the

construction material, used for or

capable of taking finfish.

(2) In the Gulf EEZ, a trap and its

component parts (including the lines

and buoys), regardless of the

construction material, used for or

capable of taking finfish, except a trap

historically used in the directed fishery

for crustaceans (that is, blue crab, stone

crab, and spiny lobster).

(3) In the South Atlantic EEZ, a trap

and its component parts (including the

lines and buoys), regardless of the

construction material, used for or

capable of taking fish, except a sea bass

pot or a crustacean trap (that is, a type

of trap historically used in the directed

fishery for blue crab, stone crab, or

spiny lobster and that contains at any

time not more than 25 percent, by

number, of fish other than blue crab,

stone crab, and spiny lobster).

Fork length means the straight-line

distance from the tip of the head (snout)

to the rear center edge of the tail (caudal

fin). (See Figure 2 in Appendix C of this

part.)

GMFMC means the Gulf of Mexico

Fishery Management Council.

Gulf means the Gulf of Mexico. The

line of demarcation between the

Atlantic Ocean and the Gulf of Mexico

is specified in § 600.105(c) of this

chapter.

Gulf reef fish means one or more of

the species, or a part thereof, listed in

Table 3 in Appendix A of this part.

Gulf and South Atlantic prohibited

coral means, in the Gulf and South

Atlantic, one or more of the following,

or a part thereof:

(1) Coral belonging to the Class

Hydrozoa (fire corals and hydrocorals).

(2) Coral belonging to the Class

Anthozoa, Subclass Hexacorallia,

Orders Scleractinia (stony corals) and

Antipatharia (black corals).

(3) A seafan, Gorgonia flabellum or G.

ventalina.

(4) Coral in a coral reef, except for

allowable octocoral.

(5) Coral in an HAPC, including

allowable octocoral.

HAPC means habitat area of particular

concern.

Headboat means a vessel that holds a

valid Certificate of Inspection issued by

the USCG to carry passengers for hire.

A headboat with a commercial vessel

permit, as required under § 622.4(a)(2),

is considered to be operating as a

headboat when it carries a passenger

who pays a fee or—

(1) In the case of persons aboard

fishing for or possessing South Atlantic

snapper-grouper, when there are more

persons aboard than the number of crew

specified in the vessel’s Certificate of

Inspection; or

(2) In the case of persons aboard

fishing for or possessing coastal

migratory pelagic fish or Gulf reef fish,

when there are more than three persons

aboard, including operator and crew.

Live rock means living marine

organisms, or an assemblage thereof,

attached to a hard substrate, including

dead coral or rock (excluding individual

mollusk shells).

MAFMC means the Mid-Atlantic

Fishery Management Council.
34936 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Mid-Atlantic means the Atlantic

Ocean off the Atlantic coastal states

from the boundary between the New

England Fishery Management Council

and the MAFMC, as specified in

§ 600.105(a) of this chapter, to the

boundary between the MAFMC and the

SAFMC, as specified in § 600.105(b) of

this chapter.

Migratory group, for king and Spanish

mackerel, means a group of fish that

may or may not be a separate genetic

stock, but that is treated as a separate

stock for management purposes. King

and Spanish mackerel are divided into

migratory groups—the Atlantic

migratory group and the Gulf migratory

group. The boundaries between these

groups are as follows:

(1) King mackerel—(i) Summer

separation. From April 1 through

October 31, the boundary separating the

Gulf and Atlantic migratory groups of

king mackerel is 25°48′ N. lat., which is

a line directly west from the Monroe/

Collier County, FL, boundary to the

outer limit of the EEZ.

(ii) Winter separation. From

November 1 through March 31, the

boundary separating the Gulf and

Atlantic migratory groups of king

mackerel is 29°25′ N. lat., which is a

line directly east from the Volusia/

Flagler County, FL boundary to the

outer limit of the EEZ.

(2) Spanish mackerel. The boundary

separating the Gulf and Atlantic

migratory groups of Spanish mackerel is

25°20.4′ N. lat., which is a line directly

east from the Dade/Monroe County, FL,

boundary to the outer limit of the EEZ.

Off Florida means the waters in the

Gulf and South Atlantic from

30°42′45.6′′ N. lat., which is a line

directly east from the seaward terminus

of the Georgia/Florida boundary, to

87°31′06′′ W. long., which is a line

directly south from the Alabama/Florida

boundary.

Off Georgia means the waters in the

South Atlantic from a line extending in

a direction of 104° from true north from

the seaward terminus of the South

Carolina/Georgia boundary to

30°42′45.6′′ N. lat., which is a line

directly east from the seaward terminus

of the Georgia/Florida boundary.

Off Louisiana, Mississippi, and

Alabama means the waters in the Gulf

other than off Florida and off Texas.

Off North Carolina means the waters

in the South Atlantic from 36°34′55′′ N.

lat., which is a line directly east from

the Virginia/North Carolina boundary,

to a line extending in a direction of

135°34′55′′ from true north from the

North Carolina/South Carolina

boundary, as marked by the border

station on Bird Island at 33° 51′07.9′′ N.

lat., 78°32′32.6′′ W. long.

Off South Carolina means the waters

in the South Atlantic from a line

extending in a direction of 135°34′55′′

from true north from the North

Carolina/South Carolina boundary, as

marked by the border station on Bird

Island at 33°51′07.9′′ N. lat., 78′32′32.6′′

W. long., to a line extending in a

direction of 104° from true north from

the seaward terminus of the South

Carolina/Georgia boundary.

Off Texas means the waters in the

Gulf west of a rhumb line from 29°32.1′

N. lat., 93°47.7′ W. long. to 26°11.4′ N.

lat., 92°53′ W. long., which line is an

extension of the boundary between

Louisiana and Texas.

Powerhead means any device with an

explosive charge, usually attached to a

speargun, spear, pole, or stick, that fires

a projectile upon contact.

Processor means a person who

processes fish or fish products, or parts

thereof, for commercial use or

consumption.

Purchase means the act or activity of

buying, trading, or bartering, or

attempting to buy, trade, or barter.

Red drum, also called redfish, means

Sciaenops ocellatus, or a part thereof.

Red snapper means Lutjanus

campechanus, or a part thereof, one of

the Gulf reef fish species.

Regional Director (RD), for the

purposes of this part, means the

Director, Southeast Region, NMFS (see

Table 1 of § 600.502 of this chapter).

Run-around gillnet means a gillnet

with a float line 1,000 yd (914 m) or less

in length that, when used, encloses an

area of water.

SAFMC means the South Atlantic

Fishery Management Council.

Sale or sell means the act or activity

of transferring property for money or

credit, trading, or bartering, or

attempting to so transfer, trade, or

barter.

Science and Research Director (SRD),

for the purposes of this part, means the

Science and Research Director,

Southeast Fisheries Science Center,

NMFS (see Table 1 of § 600.502 of this

chapter).

Sea bass pot means a trap has six

rectangular sides and does not exceed

25 inches (63.5 cm) in height, width, or

depth.

Shrimp means one or more of the

following species, or a part thereof:

(1) Brown shrimp, Penaeus aztecus.

(2) Pink shrimp, Penaeus duorarum.

(3) Rock shrimp, Sicyonia brevirostris.

(4) Royal red shrimp, Pleoticus

robustus.

(5) Seabob shrimp, Xiphopenaeus

kroyeri.

(6) White shrimp, Penaeus setiferus.

SMZ means special management

zone.

South Atlantic means the Atlantic

Ocean off the Atlantic coastal states

from the boundary between the MAFMC

and the SAFMC, as specified in

§ 600.105(b) of this chapter, to the line

of demarcation between the Atlantic

Ocean and the Gulf of Mexico, as

specified in § 600.105(c) of this chapter.

South Atlantic snapper-grouper

means one or more of the species, or a

part thereof, listed in Table 4 in

Appendix A of this part.

Total length (TL), for the purposes of

this part, means the straight-line

distance from the tip of the snout to the

tip of the tail (caudal fin), excluding any

caudal filament, while the fish is lying

on its side. The mouth of the fish may

be closed and/or the tail may be

squeezed together to give the greatest

overall measurement. (See Figure 2 in

Appendix C of this part.)

Toxic chemical means any substance,

other than an allowable chemical, that,

when introduced into the water, can

stun, immobilize, or take marine life.

Trip means a fishing trip, regardless of

number of days duration, that begins

with departure from a dock, berth,

beach, seawall, or ramp and that

terminates with return to a dock, berth,

beach, seawall, or ramp.

Wild live rock means live rock other

than aquacultured live rock.

Wreckfish means the species

Polyprion americanus, or a part thereof,

one of the South Atlantic snappergrouper species.

§ 622.3 Relation to other laws and

regulations.

(a) The relation of this part to other

laws is set forth in § 600.705 of this

chapter and paragraphs (b) and (c) of

this section.

(b) Except for regulations on

allowable octocoral, Gulf and South

Atlantic prohibited coral, and live rock,

this part is intended to apply within the

EEZ portions of applicable National

Marine Sanctuaries and National Parks,

unless the regulations governing such

Sanctuaries or Parks prohibit their

application. Regulations on allowable

octocoral, Gulf and South Atlantic

prohibited coral, and live rock do not

apply within the EEZ portions of the

following National Marine Sanctuaries

and National Parks:

(1) Everglades National Park (36 CFR

7.45).

(2) Looe Key National Marine

Sanctuary (15 CFR part 937).

(3) Fort Jefferson National Monument

(36 CFR 7.27).

(4) Key Largo Coral Reef National

Marine Sanctuary (15 CFR part 929).
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34937

(5) Biscayne National Park (16 U.S.C.

410gg).

(6) Gray’s Reef National Marine

Sanctuary (15 CFR Part 938).

(7) Monitor Marine Sanctuary (15 CFR

part 924).

(c) For allowable octocoral, if a state

has a catch, landing, or gear regulation

that is more restrictive than a catch,

landing, or gear regulation in this part,

a person landing in such state allowable

octocoral taken from the Gulf or South

Atlantic EEZ must comply with the

more restrictive state regulation.

(d) General provisions on facilitation

of enforcement, penalties, and

enforcement policy applicable to all

domestic fisheries are set forth in

§§ 600.730, 600.735, and 600.740 of this

chapter, respectively.

(e) An activity that is otherwise

prohibited by this part may be

conducted if authorized as scientific

research activity, exempted fishing, or

exempted educational activity, as

specified in § 600.745 of this chapter.

§ 622.4 Permits and fees.

(a) Permits required. To conduct

activities in fisheries governed in this

part, valid Federal permits are required

as follows:

(1) Charter vessel/headboat permits.

For a person aboard a vessel that is

operating as a charter vessel or headboat

to fish for or possess coastal migratory

pelagic fish, Gulf reef fish, or South

Atlantic snapper-grouper in or from the

EEZ, a charter vessel/headboat permit

for coastal migratory pelagic fish, Gulf

reef fish, or South Atlantic snappergrouper, respectively, must have been

issued to the vessel and must be on

board. A charter vessel or headboat may

have both a charter vessel/headboat

permit and a commercial vessel permit.

However, when a vessel is operating as

a charter vessel or headboat, a person

aboard must adhere to the bag limits.

(2) Commercial vessel permits and

endorsements—(i) Fish traps in the

Gulf. For a person to possess or use a

fish trap in the EEZ in the Gulf of

Mexico, a commercial vessel permit for

Gulf reef fish with a fish trap

endorsement must have been issued to

the vessel and must be on board. See

paragraph (n) of this section regarding a

moratorium on fish trap endorsements.

(ii) Gillnets for king mackerel in the

Florida west coast subzone. For a person

aboard a vessel to use a run-around

gillnet for king mackerel in the Florida

west coast subzone (see

§ 622.42(c)(1)(i)(A)(3)), a commercial

vessel permit for king and Spanish

mackerel with a gillnet endorsement

must have been issued to the vessel and

must be on board. See paragraph (o) of

this section for restrictions on addition

or deletion of a gillnet endorsement.

(iii) [Reserved]

(iv) King and Spanish mackerel. For

a person aboard a vessel to be eligible

for exemption from the bag limits and

to fish under a quota for king or Spanish

mackerel in or from the Gulf, MidAtlantic, or South Atlantic EEZ, a

commercial vessel permit for king and

Spanish mackerel must have been

issued to the vessel and must be on

board. To obtain or renew a commercial

vessel permit for king and Spanish

mackerel, at least 10 percent of the

applicant’s earned income must have

been derived from commercial fishing,

that is, sale of fish harvested from the

applicant’s vessels, during one of the 3

calendar years preceding the

application.

(v) Gulf reef fish. For a person aboard

a vessel to be eligible for exemption

from the bag limits, to fish under a

quota, or to sell Gulf reef fish in or from

the Gulf EEZ, a commercial vessel

permit for Gulf reef fish must have been

issued to the vessel and must be on

board. To obtain or renew a commercial

vessel permit for Gulf reef fish, more

than 50 percent of the applicant’s

earned income must have been derived

from commercial fishing, that is, sale of

fish harvested from the applicant’s

vessels, or from charter or headboat

operations during either of the 2

calendar years preceding the

application. See paragraph (m) of this

section regarding a moratorium on

commercial vessel permits for Gulf reef

fish and paragraph (m)(3) of this section

for a limited exception to the earned

income requirement for a permit.

(vi) South Atlantic snapper-grouper.

For a person aboard a vessel to be

eligible for exemption from the bag

limits for South Atlantic snappergrouper in or from the South Atlantic

EEZ, to engage in the directed fishery

for tilefish in the South Atlantic EEZ, to

use a longline to fish for South Atlantic

snapper-grouper in the South Atlantic

EEZ, or to use a sea bass pot in the

South Atlantic EEZ north of 28°35.1′ N.

lat. (due east of the NASA Vehicle

Assembly Building, Cape Canaveral,

FL), a commercial vessel permit for

South Atlantic snapper-grouper must

have been issued to the vessel and must

be on board. A vessel with longline gear

and more than 200 lb (90.7 kilograms)

of tilefish aboard is considered to be in

the directed fishery for tilefish. It is a

rebuttable presumption that a fishing

vessel with more than 200 lb of tilefish

aboard harvested such tilefish in the

EEZ. To obtain or renew a commercial

vessel permit for South Atlantic

snapper-grouper, more than 50 percent

of the applicant’s earned income must

have been derived from commercial

fishing, that is, sale of fish harvested

from the applicant’s vessels, or from

charter or headboat operations; or gross

sales of fish harvested from the owner’s,

operator’s, corporation’s, or

partnership’s vessels must have been

greater than $20,000, during one of the

3 calendar years preceding the

application.

(vii) Wreckfish. For a person aboard a

vessel to fish for wreckfish in the South

Atlantic EEZ, possess wreckfish in or

from the South Atlantic EEZ, offload

wreckfish from the South Atlantic EEZ,

or sell wreckfish in or from the South

Atlantic EEZ, a commercial vessel

permit for wreckfish must have been

issued to the vessel and must be on

board. To obtain a commercial vessel

permit for wreckfish, the applicant must

be a wreckfish shareholder; and either

the shareholder must be the vessel

owner or the owner or operator must be

an employee, contractor, or agent of the

shareholder. (See § 622.15 for

information on wreckfish shareholders.)

(3) Coral permits—(i) Allowable

chemical. For an individual to take or

possess fish or other marine organisms

with an allowable chemical in a coral

area, other than fish or other marine

organisms that are landed in Florida, a

Federal allowable chemical permit must

have been issued to the individual.

Such permit must be available when the

permitted activity is being conducted

and when such fish or other marine

organisms are possessed, through

landing ashore.

(ii) Allowable octocoral. For an

individual to take or possess allowable

octocoral in the Gulf or South Atlantic

EEZ, other than allowable octocoral that

is landed in Florida, a Federal allowable

octocoral permit must have been issued

to the individual. Such permit must be

available for inspection when the

permitted activity is being conducted

and when allowable octocoral is

possessed, through landing ashore.

(iii) Aquacultured live rock. For a

person to take or possess aquacultured

live rock in the Gulf or South Atlantic

EEZ, a Federal aquacultured live rock

permit must have been issued for the

specific harvest site. Such permit, or a

copy, must be on board a vessel

depositing or possessing material on an

aquacultured live rock site or harvesting

or possessing live rock from an

aquacultured live rock site.

(iv) Prohibited coral. A Federal permit

may be issued to take or possess Gulf

and South Atlantic prohibited coral or

Caribbean prohibited coral only as

scientific research activity, exempted

fishing, or exempted educational
34938 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

activity. See § 600.745 of this chapter for

the procedures and limitations for such

activities and fishing.

(v) Florida permits. Appropriate

Florida permits and endorsements are

required for the following activities,

without regard to whether they involve

activities in the EEZ or Florida’s waters:

(A) Landing in Florida fish or other

marine organisms taken with an

allowable chemical in a coral area.

(B) Landing allowable octocoral in

Florida.

(C) Landing live rock in Florida.

(vi) Wild live rock permits. A Federal

permit is required for a vessel to take or

possess wild live rock in or from the

Gulf EEZ. To be eligible for a wild live

rock vessel permit, the current owner of

the vessel for which the permit is

requested must have had the required

Florida permit and endorsements for

live rock on or before February 3, 1994,

and a record of landings of live rock on

or before February 3, 1994, as

documented on trip tickets received by

the Florida Department of

Environmental Protection before March

15, 1994. For landings other than in

Florida, equivalent state permits/

endorsements, if required, and landing

records may be substituted for the

Florida permits/endorsements and trip

tickets. An owner will not be issued

permits in numbers exceeding the

number of vessels for which the owning

entity had the requisite reported

landings. An owner of a permitted

vessel may transfer the vessel permit to

another vessel owned by the same

person by returning the existing permit

with an application for a vessel permit

for the replacement vessel. No wild live

rock vessel permits will be issued after

the quota for wild live rock in the Gulf,

as specified in § 622.42(b)(2), is reached

or after December 31, 1996.

(4) Dealer permits. For a dealer to

receive Gulf reef fish, South Atlantic

snapper-grouper, or wreckfish harvested

from the Gulf or South Atlantic EEZ, a

dealer permit for Gulf reef fish, South

Atlantic snapper-grouper, or wreckfish,

respectively, must have been issued to

the dealer. To obtain a dealer permit,

the applicant must have a valid state

wholesaler’s license in the state(s)

where the dealer operates, if required by

such state(s), and must have a physical

facility at a fixed location in such

state(s).

(b) Applications for permits.

Application forms for all permits are

available from the RD. Completed

application forms and all required

supporting documents must be

submitted to the RD at least 30 days

prior to the date on which the applicant

desires to have the permit made

effective. All vessel permits are mailed

to owners, whether the applicant is an

owner or an operator.

(1) Coral permits. (i) The applicant for

a coral permit must be the individual

who will be conducting the activity that

requires the permit. In the case of a

corporation or partnership that will be

conducting live rock aquaculture

activity, the applicant must be the

principal shareholder or a general

partner.

(ii) An applicant must provide the

following:

(A) Name, address, telephone number,

and other identifying information of the

applicant.

(B) Name and address of any affiliated

company, institution, or organization.

(C) Information concerning vessels,

harvesting gear/methods, or fishing

areas, as specified on the application

form.

(D) Any other information that may be

necessary for the issuance or

administration of the permit.

(E) If applying for an aquacultured

live rock permit, identification of each

vessel that will be depositing material

on or harvesting aquacultured live rock

from the proposed aquacultured live

rock site, specification of the port of

landing of aquacultured live rock, and a

site evaluation report prepared pursuant

to generally accepted industry standards

that—

(1) Provides accurate coordinates of

the proposed harvesting site so that it

can be located using LORAN or Global

Positioning System equipment;

(2) Shows the site on a chart in

sufficient detail to determine its size

and allow for site inspection;

(3) Discusses possible hazards to safe

navigation or hindrance to vessel traffic,

traditional fishing operations, or other

public access that may result from

aquacultured live rock at the site;

(4) Describes the naturally occurring

bottom habitat at the site; and

(5) Specifies the type and origin of

material to be deposited on the site and

how it will be distinguishable from the

naturally occurring substrate.

(2) Dealer permits. (i) The application

for a dealer permit must be submitted by

the owner (in the case of a corporation,

an officer or shareholder; in the case of

a partnership, a general partner).

(ii) An applicant must provide the

following:

(A) A copy of each state wholesaler’s

license held by the dealer.

(B) Name, address, telephone number,

date the business was formed, and other

identifying information of the business.

(C) The address of each physical

facility at a fixed location where the

business receives fish.

(D) Name, address, telephone number,

other identifying information, and

official capacity in the business of the

applicant.

(E) Any other information that may be

necessary for the issuance or

administration of the permit, as

specified on the application form.

(3) Vessel permits. (i) The application

for a commercial vessel permit, other

than for wreckfish, or for a charter

vessel/headboat permit must be

submitted by the owner (in the case of

a corporation, an officer or shareholder;

in the case of a partnership, a general

partner) or operator of the vessel. A

commercial vessel permit that is issued

based on the earned income

qualification of an operator is valid only

when that person is the operator of the

vessel. The applicant for a commercial

vessel permit for wreckfish must be a

wreckfish shareholder.

(ii) An applicant must provide the

following:

(A) A copy of the vessel’s valid USCG

certificate of documentation or, if not

documented, a copy of its valid state

registration certificate.

(B) Vessel name and official number.

(C) Name, address, telephone number,

and other identifying information of the

vessel owner and of the applicant, if

other than the owner.

(D) Any other information concerning

the vessel, gear characteristics, principal

fisheries engaged in, or fishing areas, as

specified on the application form.

(E) Any other information that may be

necessary for the issuance or

administration of the permit, as

specified on the application form.

(F) If applying for a commercial vessel

permit, documentation, as specified in

the instructions accompanying each

application form, showing that

applicable eligibility requirements of

paragraph (a)(2) of this section have

been met.

(G) If a fish trap or sea bass pot will

be used, the number, dimensions, and

estimated cubic volume of the traps/

pots that will be used and the

applicant’s desired color code for use in

identifying his or her vessel and buoys

(white is not an acceptable color code).

(c) Change in application information.

The owner or operator of a vessel with

a permit or a dealer with a permit must

notify the RD within 30 days after any

change in the application information

specified in paragraph (b) of this

section. The permit is void if any

change in the information is not

reported within 30 days.

(d) Fees. A fee is charged for each

permit application submitted under

paragraph (b) of this section and for

each fish trap or sea bass pot
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34939

identification tag required under

§ 622.6(b)(1)(i). The amount of each fee

is calculated in accordance with the

procedures of the NOAA Finance

Handbook, available from the RD, for

determining the administrative costs of

each special product or service. The fee

may not exceed such costs and is

specified with each application form.

The appropriate fee must accompany

each application or request for fish trap/

sea bass pot identification tags.

(e) Initial issuance. (1) The RD will

issue an initial permit at any time to an

applicant if the application is complete

and the specific requirements for the

requested permit have been met. An

application is complete when all

requested forms, information, and

documentation have been received.

(2) Upon receipt of an incomplete

application, the RD will notify the

applicant of the deficiency. If the

applicant fails to correct the deficiency

within 30 days of the date of the RD’s

letter of notification, the application

will be considered abandoned.

(f) Duration. A permit remains valid

for the period specified on it unless it

is revoked, suspended, or modified

pursuant to subpart D of 15 CFR part

904 or the vessel or dealership is sold.

(g) Transfer. A vessel permit or

endorsement or dealer permit issued

under this section is not transferable or

assignable, except as provided in

paragraph (m) of this section for a

commercial vessel permit for Gulf reef

fish or as provided in paragraph (n) of

this section for a fish trap endorsement.

A person who acquires a vessel or

dealership who desires to conduct

activities for which a permit or

endorsement is required must apply for

a permit or endorsement in accordance

with the provisions of this section. If the

acquired vessel or dealership is

currently permitted, the application

must be accompanied by the original

permit and a copy of a signed bill of sale

or equivalent acquisition papers.

(h) Renewal. Although a permit

required by this section is issued on an

annual basis, an application for permit

renewal is required only every 2 years.

In the interim years, a permit is renewed

automatically (without application) for a

vessel owner or dealer who has met the

specific requirements for the requested

permit, who has submitted all reports

required under the Magnuson Act, and

who is not subject to a permit sanction

or denial under paragraph (j) of this

section. An owner or dealer whose

permit is expiring will be mailed a

notification by the RD approximately 2

months prior to expiration of the current

permit. That notification will advise the

status of the renewal of the permit. That

is, the notification will advise that the

renewed permit will be issued without

further action by the owner or dealer,

that the permit is not eligible for

automatic renewal, or that a new

application is required. A notification

that a permit is not eligible for

automatic renewal will specify the

reasons and will provide an opportunity

for correction of any deficiencies. A

notification that a new application is

required will include a preprinted

renewal application. An automatically

renewed permit will be mailed by the

RD approximately 1 month prior to

expiration of the old permit. A vessel

owner or dealer who does not receive a

notification of status of renewal of a

permit by 45 days prior to expiration of

the current permit must contact the RD.

(i) Display. A vessel permit or

endorsement issued under this section

must be carried on board the vessel. A

dealer permit issued under this section,

or a copy thereof, must be available on

the dealer’s premises. In addition, a

copy of the dealer’s permit must

accompany each vehicle that is used to

pick up from a fishing vessel reef fish

harvested from the Gulf EEZ. The

operator of a vessel must present the

permit or endorsement for inspection

upon the request of an authorized

officer. A dealer or a vehicle operator

must present the permit or a copy for

inspection upon the request of an

authorized officer.

(j) Sanctions and denials. A permit or

endorsement issued pursuant to this

section may be revoked, suspended, or

modified, and a permit or endorsement

application may be denied, in

accordance with the procedures

governing enforcement-related permit

sanctions and denials found at subpart

D of 15 CFR part 904.

(k) Alteration. A permit that is altered,

erased, or mutilated is invalid.

(l) Replacement. A replacement

permit or endorsement may be issued.

An application for a replacement permit

or endorsement will not be considered

a new application. A fee, the amount of

which is stated with the application

form, must accompany each request for

a replacement.

(m) Moratorium on commercial vessel

permits for Gulf reef fish. This

paragraph (m) is effective through

December 31, 2000.

(1) Except for an application for

renewal of an existing commercial

vessel permit for Gulf reef fish, or as

provided in paragraphs (m)(2) and (3) of

this section, no applications for such

commercial vessel permits will be

accepted.

(2) An owner of a permitted vessel

may transfer the commercial vessel

permit for Gulf reef fish to another

vessel owned by the same entity by

returning the existing permit to the RD

with an application for a commercial

vessel permit for the replacement vessel.

(3) An owner whose earned income

qualified for the commercial vessel

permit for Gulf reef fish may transfer

that permit to the owner of another

vessel or to the new owner when he or

she sells the permitted vessel. The

owner of a vessel that is to receive the

transferred permit must return the

existing permit to the RD with an

application for a commercial vessel

permit for Gulf reef fish for his or her

vessel. Such new owner may receive a

commercial vessel permit for Gulf reef

fish for that vessel, and renew it for the

first calendar year after obtaining it,

without meeting the earned income

requirement of paragraph (a)(2)(v) of

this section. However, to renew the

commercial vessel permit for the second

calendar year after the transfer, the new

owner must meet that earned income

requirement not later than the first

calendar year after the permit transfer

takes place.

(4) A commercial vessel permit for

Gulf reef fish that is not renewed or that

is revoked will not be reissued. A

permit is considered to be not renewed

when an application for renewal is not

received by the RD within 1 year of the

expiration date of the permit.

(n) Moratorium on endorsements for

fish traps in the Gulf. The provisions of

this paragraph (n) are effective through

February 7, 1997.

(1) A fish trap endorsement will not

be issued or renewed unless the current

owner of the commercially permitted

vessel for which the endorsement is

requested has a record of landings of

Gulf reef fish from fish traps in the Gulf

EEZ during 1991 or 1992, as reported on

fishing vessel logbooks received by the

SRD on or before November 19, 1992.

An owner will not be issued fish trap

endorsements for vessels in numbers

exceeding the number of vessels for

which the owning entity had the

requisite reported landings in 1991 or

1992.

(2) An owner of a vessel with a fish

trap endorsement may transfer the

endorsement to another vessel owned

by the same entity by returning the

existing endorsement with an

application for an endorsement for the

replacement vessel.

(3) A fish trap endorsement is not

transferable upon change of ownership

of a vessel with such endorsement,

except as follows:

(i) Such endorsement is transferable

when the change of ownership of the

permitted vessel is from one to another
34940 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

of the following: Husband, wife, son,

daughter, brother, sister, mother, or

father.

(ii) In the event that a vessel with a

fish trap endorsement has a change of

ownership that is directly related to the

disability or death of the owner, the RD

may issue such endorsement,

temporarily or permanently, with the

commercial vessel permit for Gulf reef

fish that is issued for the vessel under

the new owner. Such new owner will be

the person specified by the owner or

his/her legal guardian, in the case of a

disabled owner, or by the will or

executor/administrator of the estate, in

the case of a deceased owner. (Change

of ownership of a vessel with a

commercial vessel permit for Gulf reef

fish upon disability or death of an

owner is considered a purchase of a

permitted vessel and paragraph (m)(3) of

this section applies regarding a

commercial vessel permit for Gulf reef

fish for the vessel under the new

owner.)

(4) A fish trap endorsement in effect

on September 12, 1995, may be

transferred to a vessel with a

commercial vessel permit for Gulf reef

fish whose owner has a record of

landings of reef fish from fish traps in

the Gulf EEZ, as reported on fishing

vessel logbooks received by the SRD

from November 20, 1992, through

February 6, 1994, and who was unable

to obtain a fish trap endorsement for

such vessel under paragraph (n)(1) of

this section. The owner of a vessel that

is to receive the transferred

endorsement must return the currently

endorsed commercial vessel permit for

Gulf reef fish and the unendorsed

permit to the RD with an application for

a fish trap endorsement for his or her

vessel. Revised commercial vessel

permits will be returned to each owner.

(5) If a fish trap endorsement is

transferred under paragraph (n)(3) or (4)

of this section, the owner of the vessel

to which the endorsement is transferred

may renew the endorsement without

regard to the requirement of paragraph

(n)(1) of this section regarding a record

of landing of Gulf reef fish from fish

traps.

(6) A fish trap endorsement that is not

renewed or that is revoked will not be

reissued. Such endorsement is

considered to be not renewed when an

application for renewal is not received

by the RD within 1 year of the

expiration date of the permit.

(o) Endorsements for the use of

gillnets for king and Spanish mackerel

in the Florida west coast subzone. Other

paragraphs of this section

notwithstanding—

(1) An owner of a vessel that has a

commercial vessel permit for king and

Spanish mackerel may add or delete a

gillnet endorsement on a permit by

returning to the RD the vessel’s existing

permit with a written request for

addition or deletion of the gillnet

endorsement. Such request must be

postmarked or hand delivered during

June, each year.

(2) A gillnet endorsement may not be

added or deleted from July 1 through

May 31 each year, any renewal of the

permit during that period

notwithstanding. From July 1 through

May 31, a permitted vessel that is sold,

if permitted by the new owner for king

and Spanish mackerel, will receive a

permit with or without the gillnet

endorsement as was the case for the

vessel under the previous owner. From

July 1 through May 31, the initial

commercial vessel permit for king and

Spanish mackerel issued for a vessel

new to the fishery will be issued

without a gillnet endorsement.

§ 622.5 Recordkeeping and reporting.

Participants in fisheries governed in

this part are required to keep records

and report as follows.

(a) Commercial vessel owners and

operators—(1) Requirements by

species—(i) Coastal migratory pelagic

fish. The owner or operator of a vessel

that fishes for or lands coastal migratory

pelagic fish for sale in or from the Gulf

or South Atlantic EEZ or adjoining state

waters, or whose vessel is issued a

commercial permit for king and Spanish

mackerel, as required under

§ 622.4(a)(2)(iv), who is selected to

report by the SRD must maintain a

fishing record on a form available from

the SRD and must submit such record

as specified in paragraph (a)(2) of this

section.

(ii) Gulf reef fish. The owner or

operator of a vessel for which a

commercial permit for Gulf reef fish has

been issued, as required under

§ 622.4(a)(2)(v), or whose vessel fishes

for or lands reef fish in or from state

waters adjoining the Gulf EEZ, who is

selected to report by the SRD must

maintain a fishing record on a form

available from the SRD and must submit

such record as specified in paragraph

(a)(2) of this section.

(iii) Gulf shrimp. The owner or

operator of a vessel that fishes for

shrimp in the Gulf EEZ or in adjoining

state waters, or that lands shrimp in an

adjoining state, must provide

information for any fishing trip, as

requested by the SRD, including, but not

limited to, vessel identification, gear,

effort, amount of shrimp caught by

species, shrimp condition (heads on/

heads off), fishing areas and depths, and

person to whom sold.

(iv) South Atlantic snapper-grouper.

(A) The owner or operator of a vessel for

which a commercial permit for South

Atlantic snapper-grouper has been

issued, as required under

§ 622.4(a)(2)(vi), or whose vessel fishes

for or lands South Atlantic snappergrouper in or from state waters

adjoining the South Atlantic EEZ, who

is selected to report by the SRD must

maintain a fishing record on a form

available from the SRD and must submit

such record as specified in paragraph

(a)(2) of this section.

(B) The wreckfish shareholder under

§ 622.15, or operator of a vessel for

which a commercial permit for

wreckfish has been issued, as required

under § 622.4(a)(2)(vii), must maintain a

fishing record on a form available from

the SRD and must submit such record

as specified in paragraph (a)(2) of this

section.

(C) The wreckfish shareholder under

§ 622.15, or operator of a vessel for

which a commercial permit for

wreckfish has been issued, as required

under § 622.4(a)(2)(vii), must make

available to an authorized officer upon

request all records of offloadings,

purchases, or sales of wreckfish.

(2) Reporting deadline. Completed

fishing records required by paragraphs

(a)(1)(i), (ii), and (iv) of this section must

be submitted to the SRD postmarked not

later than 7 days after the end of each

fishing trip. If no fishing occurred

during a calendar month, a report so

stating must be submitted on one of the

forms postmarked not later than 7 days

after the end of that month. Information

to be reported is indicated on the form

and its accompanying instructions.

(b) Charter vessel/headboat owners

and operators—(1) Coastal migratory

pelagic fish, reef fish, and snappergrouper. The owner or operator of a

vessel for which a charter vessel/

headboat permit for coastal migratory

pelagic fish, Gulf reef fish, or South

Atlantic snapper-grouper has been

issued, as required under § 622.4(a)(1),

or whose vessel fishes for or lands such

coastal migratory pelagic fish, reef fish,

or snapper-grouper in or from state

waters adjoining the Gulf or South

Atlantic EEZ, who is selected to report

by the SRD must maintain a fishing

record for each trip, or a portion of such

trips as specified by the SRD, on forms

provided by the SRD and must submit

such record as specified in paragraph

(b)(2) of this section.

(2) Reporting deadlines—(i) Charter

vessels. Completed fishing records

required by paragraph (b)(1) of this

section for charter vessels must be
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34941

submitted to the SRD weekly,

postmarked not later than 7 days after

the end of each week (Sunday).

Information to be reported is indicated

on the form and its accompanying

instructions.

(ii) Headboats. Completed fishing

records required by paragraph (b)(1) of

this section for headboats must be

submitted to the SRD monthly and must

either be made available to an

authorized statistical reporting agent or

be postmarked not later than 7 days

after the end of each month. Information

to be reported is indicated on the form

and its accompanying instructions.

(c) Dealers—(1) Coastal migratory

pelagic fish. (i) A person who purchases

coastal migratory pelagic fish from a

fishing vessel, or person, that fishes for

or lands such fish in or from the EEZ or

adjoining state waters who is selected to

report by the SRD must submit

information on forms provided by the

SRD. This information must be

submitted to the SRD at monthly

intervals, postmarked not later than 5

days after the end of each month.

Reporting frequency and reporting

deadlines may be modified upon

notification by the SRD. If no coastal

migratory pelagic fish were received

during a calendar month, a report so

stating must be submitted on one of the

forms, in accordance with the

instructions on the form, and must be

postmarked not later than 5 days after

the end of the month. The information

to be reported is as follows:

(A) Dealer’s or processor’s name and

address.

(B) County where fish were landed.

(C) Total poundage of each species

received during that month, or other

requested interval.

(D) Average monthly price paid for

each species.

(E) Proportion of total poundage

landed by each gear type.

(ii) Alternate SRD. For the purposes of

paragraph (c)(1)(i) of this section, in the

states from New York through Virginia,

or in the waters off those states, ‘‘SRD’’

means the Science and Research

Director, Northeast Fisheries Science

Center, NMFS (see Table 1 of § 600.502

of this chapter), or a designee.

(2) Gulf red drum. A dealers or

processor who purchases red drum

harvested from the Gulf who is selected

to report by the SRD must report to the

SRD such information as the SRD may

request and in the form and manner as

the SRD may require. The information

required to be submitted must include,

but is not limited to, the following:

(i) Dealer’s or processor’s name and

address.

(ii) State and county where red drum

were landed.

(iii) Total poundage of red drum

received during the reporting period, by

each type of gear used for harvest.

(3) Gulf reef fish. A person who

purchases Gulf reef fish from a fishing

vessel, or person, that fishes for or lands

such fish in or from the EEZ or

adjoining state waters must maintain

records and submit information as

follows:

(i) A dealer must maintain at his/her

principal place of business a record of

Gulf reef fish that he/she receives. The

record must contain the name of each

fishing vessel from which reef fish were

received and the date, species, and

quantity of each receipt. A dealer must

retain such record for at least 1 year

after receipt date and must provide such

record for inspection upon the request

of an authorized officer or the SRD.

(ii) When requested by the SRD, a

dealer must provide information from

his/her record of Gulf reef fish received

the total poundage of each species

received during the month, average

monthly price paid for each species by

market size, and proportion of total

poundage landed by each gear type.

This information must be provided on

forms available from the SRD and must

be submitted to the SRD at monthly

intervals, postmarked not later than 5

days after the end of the month.

Reporting frequency and reporting

deadlines may be modified upon

notification by the SRD. If no reef fish

were received during a calendar month,

a report so stating must be submitted on

one of the forms, postmarked not later

than 5 days after the end of the month.

(iii) The operator of a car or truck that

is used to pick up from a fishing vessel

reef fish harvested from the Gulf must

maintain a record containing the name

of each fishing vessel from which reef

fish on the car or truck have been

received. The vehicle operator must

provide such record for inspection upon

the request of an authorized officer.

(4) Gulf shrimp. A person who

purchases shrimp from a vessel, or

person, that fishes for shrimp in the

Gulf EEZ or in adjoining state waters, or

that lands shrimp in an adjoining state,

must provide the following information

when requested by the SRD:

(i) Name and official number of the

vessel from which shrimp were received

or the name of the person from whom

shrimp were received, if received from

other than a vessel.

(ii) Amount of shrimp received by

species and size category for each

receipt.

(iii) Exvessel value, by species and

size category, for each receipt.

(5) South Atlantic snapper-grouper. (i)

A person who purchases South Atlantic

snapper-grouper that were harvested

from the EEZ or from adjoining state

waters and who is selected to report by

the SRD and a dealer who has been

issued a dealer permit for wreckfish, as

required under § 622.4(a)(4), must

provide information on receipts of

South Atlantic snapper-grouper and

prices paid, by species, on forms

available from the SRD. The required

information must be submitted to the

SRD at monthly intervals, postmarked

not later than 5 days after the end of the

month. Reporting frequency and

reporting deadlines may be modified

upon notification by the SRD. If no

South Atlantic snapper-grouper were

received during a calendar month, a

report so stating must be submitted on

one of the forms, postmarked not later

than 5 days after the end of the month.

However, during complete months

encompassed by the wreckfish

spawning-season closure (that is,

February and March), a wreckfish dealer

is not required to submit a report stating

that no wreckfish were received.

(ii) A dealer reporting South Atlantic

snapper-grouper other than wreckfish

may submit the information required in

paragraph (c)(5)(i) of this section via

facsimile (fax).

(iii) A dealer who has been issued a

dealer permit for wreckfish, as required

under § 622.4(a)(4), must make available

to an authorized officer upon request all

records of offloadings, purchases, or

sales of wreckfish.

(d) Individuals with coral or live rock

permits. (1) An individual with a

Federal allowable octocoral permit must

submit a report of harvest to the SRD.

Specific reporting requirements will be

provided with the permit.

(2) A person with a Federal

aquacultured live rock permit must

report to the RD each deposition of

material on a site. Such reports must be

postmarked not later than 7 days after

deposition and must contain the

following information:

(i) Permit number of site and date of

deposit.

(ii) Geological origin of material

deposited.

(iii) Amount of material deposited.

(iv) Source of material deposited, that

is, where obtained, if removed from

another habitat, or from whom

purchased.

(3) A person who takes aquacultured

live rock must submit a report of harvest

to the RD. Specific reporting

requirements will be provided with the

permit. This reporting requirement is

waived for aquacultured live rock that is

landed in Florida.
34942 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(e) Additional data and inspection.

Additional data will be collected by

authorized statistical reporting agents

and by authorized officers. A person

who fishes for or possesses species in or

from the EEZ governed in this part is

required to make the applicable fish or

parts thereof available for inspection by

the SRD or an authorized officer upon

request.

(f) Commercial vessel, charter vessel,

and headboat inventory. The owner or

operator of a commercial vessel, charter

vessel, or headboat operating in a

fishery governed in this part who is not

selected to report by the SRD under

paragraph (a) or (b) of this section must

provide the following information when

interviewed by the SRD:

(1) Name and official number of

vessel and permit number, if applicable.

(2) Length and tonnage.

(3) Current home port.

(4) Fishing areas.

(5) Ports where fish were offloaded

during the last year.

(6) Type and quantity of gear.

(7) Number of full- and part-time

fishermen or crew members.

§ 622.6 Vessel and gear identification.

(a) Vessel identification—(1)

Applicability—(i) Official number. A

vessel for which a permit has been

issued under § 622.4, and a vessel that

fishes for or possesses shrimp in the

Gulf EEZ, must display its official

number—

(A) On the port and starboard sides of

the deckhouse or hull and, for vessels

over 25 ft (7.6 m) long, on an

appropriate weather deck, so as to be

clearly visible from an enforcement

vessel or aircraft.

(B) In block arabic numerals

permanently affixed to or painted on the

vessel in contrasting color to the

background.

(C) At least 18 inches (45.7 cm) in

height for vessels over 65 ft (19.8 m)

long; at least 10 inches (25.4 cm) in

height for vessels over 25 ft (7.6 m) long;

and at least 3 inches (7.6 cm) in height

for vessels 25 ft (7.6 m) long or less.

(ii) Official number and color code.

The following vessels must display their

official number as specified in

paragraph (a)(1)(i) of this section and, in

addition, must display their assigned

color code: A vessel for which a fish

trap endorsement has been issued, as

required under § 622.4(a)(2)(i); a vessel

for which a permit has been issued to

fish with a sea bass pot, as required

under § 622.4(a)(2)(vi); a vessel in the

commercial Caribbean reef fish fishery

fishing with traps; and a vessel in the

Caribbean spiny lobster fishery. Color

codes required for the Caribbean reef

fish fishery and Caribbean spiny lobster

fishery are assigned by Puerto Rico or

the U.S. Virgin Islands, whichever is

applicable; color codes required in all

other fisheries are assigned by the RD.

The color code must be displayed—

(A) On the port and starboard sides of

the deckhouse or hull and, for vessels

over 25 ft (7.6 m) long, on an

appropriate weather deck, so as to be

clearly visible from an enforcement

vessel or aircraft.

(B) In the form of a circle permanently

affixed to or painted on the vessel.

(C) At least 18 inches (45.7 cm) in

diameter for vessels over 65 ft (19.8 m)

long; at least 10 inches (25.4 cm) in

diameter for vessels over 25 ft (7.6 m)

long; and at least 3 inches (7.6 cm) in

diameter for vessels 25 ft (7.6 m) long

or less.

(2) Duties of operator. The operator of

a vessel specified in paragraph (a)(1) of

this section must keep the official

number and the color code, if

applicable, clearly legible and in good

repair and must ensure that no part of

the fishing vessel, its rigging, fishing

gear, or any other material on board

obstructs the view of the official number

or the color code, if applicable, from an

enforcement vessel or aircraft.

(b) Gear identification—(1) Traps or

pots—(i) Caribbean EEZ. A fish trap or

spiny lobster trap used or possessed in

the Caribbean EEZ must display the

official number specified for the vessel

by Puerto Rico or the U.S. Virgin Islands

so as to be easily identified.

(ii) Gulf and South Atlantic EEZ. A

fish trap used or possessed in the Gulf

EEZ and a sea bass pot used or

possessed in the South Atlantic EEZ, or

a fish trap or sea bass pot on board a

vessel with a commercial permit for

Gulf reef fish or South Atlantic snappergrouper, must have a valid

identification tag issued by the RD

attached.

(2) Buoys. A buoy must display the

assigned number and color code so as to

be easily distinguished, located, and

identified as follows—

(i) Caribbean EEZ. Each buoy must

display the official number and color

code specified for the vessel by Puerto

Rico or the U.S. Virgin Islands,

whichever is applicable.

(ii) Gulf and South Atlantic EEZ. Each

buoy must display the number and color

code assigned by the RD. In the Gulf

EEZ, a buoy must be attached to each

trap, or each end trap if traps are

connected by a line. In the South

Atlantic EEZ, buoys are not required to

be used, but, if used, each buoy must

display the number and color code.

(c) Presumption of ownership. A

Caribbean spiny lobster trap, a fish trap,

or a sea bass pot in the EEZ will be

presumed to be the property of the most

recently documented owner. This

presumption will not apply with respect

to such traps and pots that are lost or

sold if the owner reports the loss or sale

within 15 days to the RD.

(d) Unmarked traps, pots, or buoys.

An unmarked Caribbean spiny lobster

trap, a fish trap, a sea bass pot, or a buoy

deployed in the EEZ is illegal and may

be disposed of in any appropriate

manner by the Assistant Administrator

or an authorized officer.

§ 622.7 Prohibitions.

In addition to the general prohibitions

in § 600.725 of this chapter, it is

unlawful for any person to do any of the

following:

(a) Engage in an activity for which a

valid Federal permit is required under

§ 622.4 without such permit.

(b) Falsify information on a permit

application or submitted with such

application, as specified in § 622.4(b).

(c) Fail to display a permit or

endorsement, as specified in § 622.4(i).

(d) Falsify or fail to maintain, submit,

or provide information required to be

maintained, submitted, or provided, as

specified in § 622.5 (a) through (f).

(e) Fail to make a fish, or parts

thereof, available for inspection, as

specified in § 622.5(e).

(f) Falsify or fail to display and

maintain vessel and gear identification,

as specified in § 622.6 (a) and (b).

(g) Fail to comply with any

requirement or restriction regarding ITQ

coupons, as specified in § 622.15(c)(3),

(c)(5), (c)(6), or (c)(7).

(h) Possess wreckfish as specified in

§ 622.15(c)(4), receive wreckfish except

as specified in § 622.15(c)(7), or offload

a wreckfish except as specified in

§ 622.15 (d)(3) and (d)(4).

(i) Transfer—

(1) A wreckfish, as specified in

§ 622.15(d)(1);

(2) A limited-harvest species, as

specified in § 622.32(c) introductory

text;

(3) A species/species group subject to

a bag limit, as specified § 622.39(a)(1);

(4) South Atlantic snapper-grouper

from a vessel with unauthorized gear on

board, as specified in § 622.41(d)(2)(iii);

or

(5) A species subject to a commercial

trip limit, as specified in § 622.44

introductory text.

(j) Use or possess prohibited gear or

methods or possess fish in association

with possession or use of prohibited

gear, as specified in § 622.31.

(k) Fish for, harvest, or possess a

prohibited species, or a limited-harvest

species in excess of its limitation, sell or
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34943

purchase such species, fail to comply

with release requirements, or molest or

strip eggs from a Caribbean spiny

lobster, as specified in § 622.32.

(l) Fish in violation of the

prohibitions, restrictions, and

requirements applicable to seasonal

and/or area closures, including but not

limited to: Prohibition of all fishing,

gear restrictions, restrictions on take or

retention of fish, fish release

requirements, and restrictions on use of

an anchor or grapple, as specified in

§ 622.33, § 622.34, or § 622.35, or as may

be specified under § 622.46 (b) or (c).

(m) Harvest, possess, offload, sell, or

purchase fish in excess of the seasonal

harvest limitations, as specified in

§ 622.36.

(n) Except as allowed under

§ 622.37(c) (2) and (3) for king and

Spanish mackerel, possess undersized

fish, fail to release undersized fish, or

sell or purchase undersized fish, as

specified in § 622.37.

(o) Fail to maintain a fish intact

through offloading ashore, as specified

in § 622.38.

(p) Exceed a bag or possession limit,

as specified in § 622.39.

(q) Fail to comply with the limitations

on traps and pots, including but not

limited to: Tending requirements,

constructions requirements, and area

specific restrictions, as specified in

§ 622.40.

(r) Fail to comply with the speciesspecific limitations, as specified in

§ 622.41.

(s) Fail to comply with the restrictions

that apply after closure of a fishery, as

specified in § 622.43.

(t) Possess on board a vessel or land,

purchase, or sell fish in excess of the

commercial trip limits, as specified in

§ 622.44.

(u) Fail to comply with the

restrictions on sale/purchase, as

specified in § 622.45.

(v) Interfere with fishing or obstruct or

damage fishing gear or the fishing vessel

of another, as specified in § 622.46(a).

Subpart B—Effort Limitations

§ 622.15 Wreckfish individual transferable

quota (ITQ) system.

The provisions of this section apply to

wreckfish in or from the South Atlantic

EEZ.

(a) Percentage shares. (1) In

accordance with the procedure specified

in the Fishery Management Plan for the

Snapper-Grouper Fishery of the South

Atlantic Region, percentage shares of

the quota for wreckfish have been

assigned. Each person has been notified

by the RD of his or her percentage share

and shareholder certificate number.

(2) All or a portion of a person’s

percentage shares may be transferred to

another person. Transfer of shares must

be reported on a form available from the

RD. The RD will confirm, in writing,

each transfer of shares. The effective

date of each transfer is the confirmation

date provided by the RD. The

confirmation date will normally be not

later than 3 working days after receipt

of a properly completed transfer form. A

fee is charged for each transfer of shares.

The amount of the fee is calculated in

accordance with the procedures of the

NOAA Finance Handbook, available

from the RD, for determining the

administrative costs of each special

product or service provided by NOAA

to non-Federal recipients. The fee may

not exceed such costs and is specified

with each transfer form. The appropriate

fee must accompany each transfer form.

(b) Lists of wreckfish shareholders

and permitted vessels. Annually, on or

about March 1, the RD will provide each

wreckfish shareholder with a list of all

wreckfish shareholders and their

percentage shares, reflecting share

transactions on forms received through

February 15. Annually by April 15, the

RD will provide each dealer who holds

a dealer permit for wreckfish, as

required under § 622.4(a)(4), with a list

of vessels for which wreckfish permits

have been issued, as required under

§ 622.4(a)(2)(vii). Annually, by April 15,

the RD will provide each wreckfish

shareholder with a list of dealers who

have been issued dealer permits for

wreckfish. From April 16 through

January 14, updated lists will be

provided when required. Updated lists

may be obtained at other times or by a

person who is not a wreckfish

shareholder or wreckfish dealer permit

holder by written request to the RD.

(c) ITQs. (1) Annually, as soon after

March 1 as the TAC for wreckfish for

the fishing year that commences April

16 is known, the RD will calculate each

wreckfish shareholder’s ITQ. Each ITQ

is the product of the wreckfish TAC, in

round weight, for the ensuing fishing

year, the factor for converting round

weight to eviscerated weight, and each

wreckfish shareholder’s percentage

share, reflecting share transactions

reported on forms received by the RD

through February 15. Thus, the ITQs

will be in terms of eviscerated weight of

wreckfish.

(2) The RD will provide each

wreckfish shareholder with ITQ

coupons in various denominations, the

total of which equals his or her ITQ, and

a copy of the calculations used in

determining his or her ITQ. Each

coupon will be coded to indicate the

initial recipient.

(3) An ITQ coupon may be transferred

from one wreckfish shareholder to

another by completing the sale

endorsement thereon (that is, the

signature and shareholder certificate

number of the buyer). An ITQ coupon

may be possessed only by the

shareholder to whom it has been issued,

or by the shareholder’s employee,

contractor, or agent, unless the ITQ

coupon has been transferred to another

shareholder. An ITQ coupon that has

been transferred to another shareholder

may be possessed only by the

shareholder whose signature appears on

the coupon as the buyer, or by the

shareholder’s employee, contractor, or

agent, and with all required sale

endorsements properly completed.

(4) Wreckfish may not be possessed

on board a fishing vessel—

(i) In an amount exceeding the total of

the ITQ coupons on board the vessel;

(ii) That does not have on board a

commercial vessel permit for wreckfish,

as required under § 622.4(a)(2)(vii); or

(iii) That does not have on board

logbook forms for that fishing trip, as

required under § 622.5(a)(1)(iv)(B).

(5) Prior to termination of a trip, a

signature and date signed must be

affixed in ink to the ‘‘Fisherman’’ part

of ITQ coupons in denominations equal

to the eviscerated weight of the

wreckfish on board. The ‘‘Fisherman’’

part of each such coupon must be

separated from the coupon and

submitted with the logbook forms

required by § 622.5(a)(1)(iv)(B) for that

fishing trip.

(6) The ‘‘Fish House’’ part of each

such coupon must be given to the dealer

to whom the wreckfish are transferred

in amounts totaling the eviscerated

weight of the wreckfish transferred to

that dealer. A wreckfish may be

transferred only to a dealer who holds

a dealer permit for wreckfish, as

required under § 622.4(a)(4).

(7) A dealer may receive a wreckfish

only from a vessel for which a

commercial permit for wreckfish has

been issued, as required under

§ 622.4(a)(2)(vii). A dealer must receive

the ‘‘Fish House’’ part of ITQ coupons

in amounts totaling the eviscerated

weight of the wreckfish received; enter

the permit number of the vessel from

which the wreckfish were received,

enter the date the wreckfish were

received, enter the dealer’s permit

number, and sign each such ‘‘Fish

House’’ part; and submit all such parts

with the dealer reports required by

§ 622.5(c)(5)(i).

(8) An owner or operator of a vessel

and a dealer must make available to an

authorized officer all ITQ coupons in

his or her possession upon request.
34944 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(d) Wreckfish limitations. (1) A

wreckfish taken in the South Atlantic

EEZ may not be transferred at sea,

regardless of where the transfer takes

place; and a wreckfish may not be

transferred in the South Atlantic EEZ.

(2) A wreckfish possessed by a

fisherman or dealer shoreward of the

outer boundary of the South Atlantic

EEZ or in a South Atlantic coastal state

will be presumed to have been

harvested from the South Atlantic EEZ

unless accompanied by documentation

that it was harvested from other than the

South Atlantic EEZ.

(3) A wreckfish may be offloaded from

a fishing vessel only between 8 a.m. and

5 p.m., local time.

(4) If a wreckfish is to be offloaded at

a location other than a fixed facility of

a dealer who holds a dealer permit for

wreckfish, as required under

§ 622.4(a)(4), the wreckfish shareholder

or the vessel operator must advise the

NMFS, Office of Enforcement, Southeast

Region, St. Petersburg, FL, by telephone

(1–800–853–1964), of the location not

less than 24 hours prior to offloading.

§ 622.16 Red snapper individual

transferable quota (ITQ) system.

The ITQ system established by this

section will remain in effect through

March 31, 2000, during which time

NMFS and the GMFMC will evaluate

the effectiveness of the system. Based on

the evaluation, the system may be

modified, extended, or terminated.

(a) Percentage shares. (1) Initial

percentage shares of the annual quota of

red snapper are assigned to persons in

accordance with the procedure specified

in Amendment 8 to the Fishery

Management Plan for the Reef Fish

Fishery of the Gulf of Mexico (FMP) and

in paragraphs (c)(1) through (c)(4) of this

section. Each person is notified by the

RD of his or her initial percentage

shares. If additional shares become

available to NMFS, such as by forfeiture

pursuant to subpart F of 15 CFR part

904 for rule violations, such shares will

be proportionately reissued to

shareholders based on their shares as of

November 1, after the additional shares

become available. If NMFS is required

to issue additional shares, such as may

be required in the resolution of

disputes, existing shares will be

proportionately reduced. This reduction

of shares will be based on shares as of

November 1 after the required addition

of shares.

(2) All or a portion of a person’s

percentage shares may be transferred to

another person who is a U.S. citizen or

permanent resident alien. (See

paragraph (c)(5) of this section for

restrictions on the transfer of shares in

the initial months under the ITQ

system.) Transfer of shares must be

reported on a form available from the

RD. The RD will confirm, in writing, the

registration of each transfer. The

effective date of each transfer is the

confirmation date provided by the RD.

The confirmation of registration date

will normally be not later than 3

working days after receipt of a properly

completed transfer form. However,

reports of share transfers received by the

RD from November 1 through December

31 will not be recorded or confirmed

until after January 1. A fee is charged for

each transfer of percentage shares. The

amount of the fee is calculated in

accordance with the procedures of the

NOAA Finance Handbook for

determining the administrative costs of

each special product or service provided

by NOAA to non-Federal recipients. The

fee may not exceed such costs and is

specified with each transfer form. The

appropriate fee must accompany each

transfer form.

(3) On or about January 1 each year,

the RD will provide each red snapper

shareholder with a list of all red snapper

shareholders and their percentage

shares, reflecting share transfers as

indicated on properly completed

transfer forms received through October

31. Updated lists may be obtained at

other times, and by persons who are not

red snapper shareholders, by written

request to the RD.

(b) ITQs. (1) Annually, as soon after

November 15 as the following year’s red

snapper quota is established, the RD

will calculate each red snapper

shareholder’s ITQ in terms of

eviscerated weight. Each ITQ is the

product of the red snapper quota, in

round weight, for the ensuing fishing

year, the factor for converting round

weight to eviscerated weight, and each

red snapper shareholder’s percentage

share, reflecting share transfers reported

on forms received by the RD through

October 31.

(2) The RD will provide each red

snapper shareholder with ITQ coupons

in various denominations, the total of

which equals his or her ITQ, and a copy

of the calculations used in determining

his or her ITQ. Each coupon will be

coded to indicate the initial recipient.

(3) An ITQ coupon may be

transferred. If the transfer is by sale, the

seller must enter the sale price on the

coupon.

(4) Except when the red snapper bag

limit applies, red snapper in or from the

EEZ or on board a vessel that has been

issued a commercial permit for Gulf reef

fish, as required under § 622.4(a)(2)(v),

may not be possessed in an amount, in

eviscerated weight, exceeding the total

of ITQ coupons on board. (See

§ 622.39(a) for applicability of the bag

limit.)

(5) Prior to termination of a trip, the

operator’s signature and the date signed

must be written in ink on the ‘‘Vessel’’

part of ITQ coupons totaling at least the

eviscerated weight of the red snapper on

board. An owner or operator of a vessel

must separate the ‘‘Vessel’’ part of each

such coupon, enter thereon the permit

number of the dealer to whom the red

snapper are transferred, and submit the

‘‘Vessel’’ parts with the logbook forms

for that fishing trip. An owner or

operator of a vessel must make available

to an authorized officer all ITQ coupons

in his or her possession upon request.

(6) Red snapper harvested from the

EEZ or possessed by a vessel with a

commercial permit for Gulf reef fish, as

required under § 622.4(a)(2)(v), may be

transferred only to a dealer with a Gulf

reef fish permit, as required under

§ 622.4(a)(4). The ‘‘Fish House’’ part of

each ITQ coupon must be given to such

dealer, or the agent or employee of such

dealer, in amounts totaling at least the

eviscerated weight of the red snapper

transferred to that dealer.

(7) A dealer with a Gulf reef fish

permit may receive red snapper only

from a vessel that has on board a

commercial permit for Gulf reef fish. A

dealer, or the agent or employee of a

dealer, must receive the ‘‘Fish House’’

part of ITQ coupons totaling at least the

eviscerated weight of the red snapper

received. Immediately upon receipt of

red snapper, the dealer, or the agent or

employee of the dealer, must enter the

permit number of the vessel received

from and date and sign each such ‘‘Fish

House’’ part. The dealer must submit all

such parts as required by paragraph

(d)(6) of this section. A dealer, agent, or

employee must make available to an

authorized officer all ITQ coupons in

his or her possession upon request.

(c) Procedures for implementation—

(1) Initial shareholders. The following

persons are initial shareholders in the

red snapper ITQ system:

(i) Either the owner or operator of a

vessel with a valid permit on August 29,

1995, provided such owner or operator

had a landing of red snapper during the

period 1990 through 1992. If the earned

income of an operator was used to

qualify for the permit that is valid on

August 29, 1995, such operator is the

initial shareholder rather than the

owner. In the case of an owner, the term

‘‘person’’ includes a corporation or

other legal entity; and

(ii) A historical captain. A historical

captain means an operator who meets

all of the following qualifications:
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34945

(A) From November 6, 1989, through

1993, fished solely under verbal or

written share agreements with an

owner, and such agreements provided

for the operator to be responsible for

hiring the crew, who was paid from the

share under his or her control.

(B) Landed from that vessel at least

5,000 lb (2,268 kg) of red snapper per

year in 2 of the 3 years 1990, 1991, and

1992.

(C) Derived more than 50 percent of

his or her earned income from

commercial fishing, that is, sale of the

catch, in each of the years 1989 through

1993.

(D) Landed red snapper prior to

November 7, 1989.

(2) Initial shares. (i) Initial shares are

apportioned to initial shareholders

based on each shareholder’s average of

the top 2 years’ landings in 1990, 1991,

and 1992. However, no person who is

an initial shareholder under paragraph

(c)(1) of this section will receive an

initial percentage share that will amount

to less than 100 lb (45.36 kg), round

weight, of red snapper (90 lb (41 kg),

eviscerated weight).

(ii) The percentage shares remaining

after the minimum shares have been

calculated under paragraph (c)(2)(i) of

this section are apportioned based on

each remaining shareholder’s average of

the top 2 years’ landings in 1990, 1991,

and 1992. In a case where a landing is

associated with an owner and a

historical captain, such landing is

apportioned between the owner and

historical captain in accordance with

the share agreement in effect at the time

of the landing.

(iii) The determinations of landings of

red snapper during the period 1990

through 1992 and historical captain

status are made in accordance with the

data collected under Amendment 9 to

the FMP. Those data identify each red

snapper landing during the period 1990

through 1992. Each landing is

associated with an owner and, when an

operator’s earned income was used to

qualify for the vessel permit at the time

of the landing, with such operator.

Where appropriate, a landing is also

associated with a historical captain.

However, a red snapper landings record

during that period that is associated

solely with an owner may be retained by

that owner or transferred as follows:

(A) An owner of a vessel with a valid

commercial permit for Gulf reef fish on

August 29, 1995, who transferred a

vessel permit to another vessel owned

by him or her will retain the red

snapper landings record for the previous

vessel.

(B) An owner of a vessel with a valid

commercial permit for Gulf reef fish on

August 29, 1995, will retain the

landings record of a permitted vessel if

the vessel had a change of ownership to

another entity without a substantive

change in control of the vessel. It will

be presumed that there was no

substantive change in control of a vessel

if a successor in interest received at

least a 50 percent interest in the vessel

as a result of the change of ownership

whether the change of ownership was—

(1) From a closely held corporation to

its majority shareholder;

(2) From an individual who became

the majority shareholder of a closely

held corporation receiving the vessel;

(3) Between closely held corporations

with a common majority shareholder; or

(4) From one to another of the

following: Husband, wife, son, daughter,

brother, sister, mother, or father.

(C) In other cases of transfer of a

permit through change of ownership of

a vessel, an owner of a vessel with a

valid commercial permit for Gulf reef

fish on August 29, 1995, will receive

credit for the landings record of the

vessel before his or her ownership only

if there is a legally binding agreement

for transfer of the landings record.

(iv) Requests for transfers of landings

records must be submitted to the RD

and must be postmarked not later than

December 14, 1995. The RD may require

documentation supporting such request.

After considering requests for transfers

of landings records, the RD will advise

each initial shareholder or applicant of

his or her tentative allocation of shares.

(3) Notification of status. The RD will

advise each owner, operator, and

historical captain for whom NMFS has

a record of a red snapper landing during

the period 1990 through 1992, including

those who submitted such record under

Amendment 9 to the FMP, of his or her

tentative status as an initial shareholder

and the tentative landings record that

will be used to calculate his or her

initial share.

(4) Appeals. (i) A special advisory

panel, appointed by the GMFMC to

function as an appeals board, will

consider written requests from persons

who contest their tentative status as an

initial shareholder, including historical

captain status, or tentative landings

record. In addition to considering

written requests, the board may allow

personal appearances by such persons

before the board.

(ii) The panel is only empowered to

consider disputed calculations or

determinations based on documentation

submitted under Amendment 9 to the

FMP regarding landings of red snapper

during the period 1990 through 1992,

including transfers of such landings

records, or regarding historical captain

status. In addition, the panel may

consider applications and

documentation of landings not

submitted under Amendment 9 if, in the

board’s opinion, there is justification for

the late application and documentation.

The board is not empowered to consider

an application from a person who

believes he or she should be eligible

because of hardship or other factors.

(iii) A written request for

consideration by the board must be

submitted to the RD, postmarked not

later than December 27, 1995, and must

contain documentation supporting the

allegations that form the basis for the

request.

(iv) The board will meet as necessary

to consider each request that is

submitted in a timely manner. Members

of the appeals board will provide their

individual recommendations for each

appeal to the GMFMC, which will in

turn submit its recommendation to the

RD. The board and the GMFMC will

recommend whether the eligibility

criteria, specified in Amendment 8 to

the FMP and paragraphs (c)(1) and (c)(2)

of this section, were correctly applied in

each case, based solely on the available

record including documentation

submitted by the applicant. The

GMFMC will also base its

recommendation on the

recommendations of the board. The RD

will decide the appeal based on the

above criteria and the available record,

including documentation submitted by

the applicant and the recommendation

of the GMFMC. The RD will notify the

appellant of his decision and the reason

therefor, in writing, normally within 45

days of receiving the GMFMC’s

recommendation. The RD’s decision

will constitute the final administrative

action by NMFS on an appeal.

(v) Upon completion of the appeal

process, the RD will issue share

certificates to initial shareholders.

(5) Transfers of shares. The following

restrictions apply to the transfer of

shares:

(i) The transfer of shares is prohibited

through September 30, 1996.

(ii) From October 1, 1996, through

September 30, 1997, shares may be

transferred only to other persons who

are initial shareholders and are U.S.

citizens or permanent resident aliens.

(d) Exceptions/additions to general

measures. Other provisions of this part

notwithstanding—

(1) Management of the red snapper

ITQ system extends to adjoining state

waters in the manner stated in

paragraphs (d)(2) and (d)(3) of this

section.

(2) For a dealer to receive red snapper

harvested from state waters adjoining
34946 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

the Gulf EEZ by or possessed on board

a vessel with a commercial permit for

Gulf reef fish, the dealer permit for Gulf

reef fish specified in § 622.4(a)(4) must

have been issued to the dealer.

(3) A copy of the dealer’s permit must

accompany each vehicle that is used to

pick up from a fishing vessel red

snapper from adjoining state waters

harvested by or possessed on board a

vessel with a commercial permit for

Gulf reef fish.

(4) As a condition of a commercial

vessel permit for Gulf reef fish, without

regard to where red snapper are

harvested or possessed, a vessel with

such permit must comply with the red

snapper ITQ requirements of paragraph

(b) of this section; may not transfer or

receive red snapper at sea; and must

maintain red snapper with head and

fins intact through landing, and the

exceptions to that requirement

contained in § 622.38(d) do not apply to

red snapper. Red snapper may be

eviscerated, gilled, and scaled but must

otherwise be maintained in a whole

condition.

(5) As a condition of a dealer permit

for Gulf reef fish, as required under

§ 622.4(a)(4) or under paragraph (d)(2) of

this section, without regard to where red

snapper are harvested or possessed, a

permitted dealer must comply with the

red snapper ITQ requirements of

paragraph (b) of this section.

(6) In any month that a red snapper

is received, a dealer must submit the

report required under § 622.5(c)(3)(ii).

The ‘‘Fish House’’ parts of red snapper

individual transferable coupons,

received during the month in

accordance with paragraph (b) of this

section, must be submitted to the SRD

with the report.

(7) It is unlawful for a person to do

any of the following:

(i) Receive red snapper from a fishing

vessel without a dealer permit for Gulf

reef fish.

(ii) Fail to carry a copy of the dealer’s

permit, as specified in paragraph (d)(3)

of this section.

(iii) Fail to comply with a condition

of a permit, as specified in paragraph

(d)(4) or (d)(5) of this section.

(iv) Fail to report red snapper

received, as specified in paragraph

(d)(6) of this section.

Subpart C—Management Measures

§ 622.30 Fishing years.

The fishing year for species or species

groups governed in this part is January

1 through December 31 except for the

following:

(a) Allowable octocoral—October 1

through September 30.

(b) King and Spanish mackerel. The

fishing year for the king and Spanish

mackerel bag limits specified in

§ 622.39(c)(1) is January 1 through

December 31. The following fishing

years apply only for the king and

Spanish mackerel quotas specified in

§ 622.42(c):

(1) Gulf migratory group king

mackerel—July 1 through June 30.

(2) All other migratory groups of king

and Spanish mackerel—April 1 through

March 31.

(c) Wreckfish—April 16 through April

15.

§ 622.31 Prohibited gear and methods.

In addition to the prohibited gear/

methods specified in this section, see

§§ 622.33, 622.34, and 622.35 for

seasonal/area prohibited gear/methods

and § 622.41 for species specific

authorized and unauthorized gear/

methods.

(a) Explosives. An explosive (except

an explosive in a powerhead) may not

be used to fish in the Caribbean, Gulf,

or South Atlantic EEZ. A vessel fishing

in the EEZ for a species governed in this

part, or a vessel for which a permit has

been issued under § 622.4, may not have

on board any dynamite or similar

explosive substance.

(b) Chemicals and plants. A toxic

chemical may not be used or possessed

in a coral area, and a chemical, plant,

or plant-derived toxin may not be used

to harvest a Caribbean coral reef

resource in the Caribbean EEZ.

(c) Fish traps. A fish trap may not be

used in the South Atlantic EEZ. A fish

trap deployed in the South Atlantic EEZ

may be disposed of in any appropriate

manner by the Assistant Administrator

or an authorized officer.

(d) Gillnets. A gillnet that has a float

line that is more than 1,000 yd (914 m)

in length or a drift gillnet may not be

used in the Gulf, Mid-Atlantic, or South

Atlantic EEZ to fish for king or Spanish

mackerel; in the Gulf or South Atlantic

EEZ to fish for coastal migratory pelagic

fish, other than bluefish; or in the Gulf

EEZ to fish for bluefish. A vessel in, or

having fished on a trip in, the Gulf, MidAtlantic, or South Atlantic EEZ with

such a gillnet or a drift gillnet on board

may not have on board on that trip any

of the indicated fish.

(e) Longlines for wreckfish. A bottom

longline may not be used to fish for

wreckfish in the South Atlantic EEZ. A

person aboard a vessel that has a

longline on board may not retain a

wreckfish in or from the South Atlantic

EEZ. For the purposes of this paragraph,

a vessel is considered to have a longline

on board when a power-operated

longline hauler, a cable of diameter

suitable for use in the longline fishery

longer than 1.5 mi (2.4 km) on any reel,

and gangions are on board. Removal of

any one of these three elements

constitutes removal of a longline.

(f) Poisons. (1) A poison, drug, or

other chemical may not be used to fish

for Caribbean reef fish in the Caribbean

EEZ.

(2) A poison may not be used to take

Gulf reef fish in the Gulf EEZ.

(3) A poison may not be used to fish

for South Atlantic snapper-grouper in

the South Atlantic EEZ.

(g) Power-assisted tools. A powerassisted tool may not be used in the

Caribbean EEZ to take a Caribbean coral

reef resource or in the Gulf or South

Atlantic EEZ to take allowable

octocoral, prohibited coral, or live rock.

(h) Powerheads. A powerhead may

not be used in the Caribbean EEZ to

harvest Caribbean reef fish or in the EEZ

off South Carolina to harvest South

Atlantic snapper-grouper. The

possession of a mutilated Caribbean reef

fish in or from the Caribbean EEZ, or a

mutilated South Atlantic snappergrouper in or from the EEZ off South

Carolina, and a powerhead is prima

facie evidence that such fish was

harvested by a powerhead.

(i) Rebreathers and spearfishing gear.

In the South Atlantic EEZ, a person

using a rebreather may not harvest

South Atlantic snapper-grouper with

spearfishing gear. The possession of

such snapper-grouper while in the water

with a rebreather is prima facie

evidence that such fish was harvested

with spearfishing gear while using a

rebreather.

(j) Sea bass pots. A sea bass pot may

not be used in the South Atlantic EEZ

south of 28°35.1′ N. lat. (due east of the

NASA Vehicle Assembly Building, Cape

Canaveral, FL). A sea bass pot deployed

in the EEZ south of 28°35.1′ N. lat. may

be disposed of in any appropriate

manner by the Assistant Administrator

or an authorized officer.

(k) Spears and hooks. A spear, hook,

or similar device may not be used in the

Caribbean EEZ to harvest a Caribbean

spiny lobster. The possession of a

speared, pierced, or punctured

Caribbean spiny lobster in or from the

Caribbean EEZ is prima facie evidence

of violation of this section.

§ 622.32 Prohibited and limited-harvest

species.

(a) General. The harvest and

possession restrictions of this section

apply without regard to whether the

species is harvested by a vessel

operating under a commercial vessel

permit. The operator of a vessel that
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34947

fishes in the EEZ is responsible for the

limit applicable to that vessel.

(b) Prohibited species. Prohibited

species, by geographical area, are as

follows:

(1) Caribbean. (i) Caribbean

prohibited coral may not be fished for

or possessed in or from the Caribbean

EEZ. The taking of Caribbean prohibited

coral in the Caribbean EEZ is not

considered unlawful possession

provided it is returned immediately to

the sea in the general area of fishing.

(ii) Foureye, banded, and longsnout

butterflyfish; jewfish; Nassau grouper;

and seahorses may not be harvested or

possessed in or from the Caribbean EEZ.

Such fish caught in the Caribbean EEZ

must be released immediately with a

minimum of harm.

(iii) Egg-bearing spiny lobster in the

Caribbean EEZ must be returned to the

water unharmed. An egg-bearing spiny

lobster may be retained in a trap,

provided the trap is returned

immediately to the water. An eggbearing spiny lobster may not be

stripped, scraped, shaved, clipped, or in

any other manner molested, in order to

remove the eggs.

(2) Gulf. (i) Gulf and South Atlantic

prohibited coral taken as incidental

catch in the Gulf EEZ must be returned

immediately to the sea in the general

area of fishing. In fisheries where the

entire catch is landed unsorted, such as

the scallop and groundfish fisheries,

unsorted prohibited coral may be

landed ashore; however, no person may

sell or purchase such prohibited coral.

(ii) Jewfish may not be harvested or

possessed in or from the Gulf EEZ.

(iii) Red drum may not be harvested

or possessed in or from the Gulf EEZ.

Red drum caught in the Gulf EEZ must

be released immediately with a

minimum of harm.

(3) Mid-Atlantic. Red drum may not

be harvested or possessed in or from the

Mid-Atlantic EEZ south of a line

extending in a direction of 115° from

true north commencing at a point at

40°29.6′ N. lat., 73°54.1′ W. long., such

point being the intersection of the New

Jersey/New York boundary with the 3-

nm line denoting the seaward limit of

state waters. Red drum caught in such

portion of the Mid-Atlantic EEZ must be

released immediately with a minimum

of harm.

(4) South Atlantic. (i) Gulf and South

Atlantic prohibited coral taken as

incidental catch in the South Atlantic

EEZ must be returned immediately to

the sea in the general area of fishing. In

fisheries where the entire catch is

landed unsorted, such as the scallop

and groundfish fisheries, unsorted

prohibited coral may be landed ashore;

however, no person may sell or

purchase such prohibited coral.

(ii) Jewfish and Nassau grouper may

not be harvested or possessed in or from

the South Atlantic EEZ. Jewfish and

Nassau grouper taken in the South

Atlantic EEZ incidentally by hook-andline must be released immediately by

cutting the line without removing the

fish from the water.

(iii) Red drum may not be harvested

or possessed in or from the South

Atlantic EEZ. Red drum caught in the

South Atlantic EEZ must be released

immediately with a minimum of harm.

(iv) Wild live rock may not be

harvested or possessed in the South

Atlantic EEZ.

(c) Limited-harvest species. A person

who fishes in the EEZ may not combine

a harvest limitation specified in this

paragraph (c) with a harvest limitation

applicable to state waters. A species

subject to a harvest limitation specified

in this paragraph (c) taken in the EEZ

may not be transferred at sea, regardless

of where such transfer takes place, and

such species may not be transferred in

the EEZ.

(1) Cobia. No person may possess

more than two cobia per day in or from

the Gulf or South Atlantic EEZ,

regardless of the number of trips or

duration of a trip.

(2) Cubera snapper. No person may

harvest more than two cubera snapper

measuring 30 inches (76.2 cm), TL, or

larger, per day in the South Atlantic

EEZ off Florida and no more than two

such cubera snapper in or from the

South Atlantic EEZ off Florida may be

possessed on board a vessel at any time.

(3) Speckled hind and warsaw

grouper. The possession of speckled

hind and warsaw grouper in or from the

South Atlantic EEZ is limited to one of

each per vessel per trip.

§ 622.33 Caribbean EEZ seasonal and/or

area closures.

(a) Mutton snapper spawning

aggregation area. From March 1 through

June 30, each year, fishing is prohibited

in the area bounded by rhumb lines

connecting, in order, the following

points:

Point North lat. West long.

A .................... 17°37.9′ 64°52.6′

B .................... 17°38.2′ 64°52.1′

C .................... 17°38.3′ 64°51.8′

D .................... 17°38.1′ 64°51.4′

A .................... 17°37.9′ 64°52.6′

(b) Red hind spawning aggregation

areas. From December 1 through

February 28, each year, fishing is

prohibited in the following three areas.

Each area is bounded by rhumb lines

connecting, in order, the points listed.

(1) East of St. Croix.

Point North lat. West long.

A .................... 17°50.2′ 64°27.9′

B .................... 17°50.1′ 64°26.1′

C .................... 17°49.2′ 64°25.8′

D .................... 17°48.6′ 64°25.8′

E .................... 17°48.1′ 64°26.1′

F .................... 17°47.5′ 64°26.9′

A .................... 17°50.2′ 64°27.9′

(2) South of St. Thomas.

Point North lat. West long.

A .................... 18°13.2′ 65°06.0′

B .................... 18°13.2′ 64°59.0′

C .................... 18°11.8′ 64°59.0′

D .................... 18°10.7′ 65°06.0′

A .................... 18°13.2′ 65°06.0′

(3) West of Puerto Rico.

Point North lat. West long.

A .................... 18°11.0′ 67°25.5′

B .................... 18°11.0′ 67°20.4′

C .................... 18°08.0′ 67°20.4′

D .................... 18°08.0′ 67°25.5′

A .................... 18°11.0′ 67°25.5′

§ 622.34 Gulf EEZ seasonal and/or area

closures.

(a) Alabama SMZ. The Alabama SMZ

consists of artificial reefs and

surrounding areas. In the Alabama SMZ,

fishing by a vessel that is operating as

a charter vessel or headboat, a vessel

that does not have a commercial permit

for Gulf reef fish, as required under

§ 622.4(a)(2), or a vessel with such a

permit fishing for Gulf reef fish is

limited to hook-and-line gear with three

or fewer hooks per line and spearfishing

gear. A person aboard a vessel that uses

on any trip gear other than hook-andline gear with three or fewer hooks per

line and spearfishing gear in the

Alabama SMZ is limited on that trip to

the bag limits for Gulf reef fish specified

in § 622.39(b) and, for Gulf reef fish for

which no bag limit is specified in

§ 622.39(b), the vessel is limited to 5

percent, by weight, of all fish on board

or landed. The Alabama SMZ is

bounded by rhumb lines connecting, in

order, the following points:

Point North lat. West long.

A .................... 30°02.5′ 88°07.7′

B .................... 30°02.6′ 87°59.3′

C .................... 29°55.0′ 87°55.5′

D .................... 29°54.5′ 88°07.5′

A .................... 30°02.5′ 88°07.7′

(b) Florida middle grounds HAPC.

Fishing with a bottom longline, bottom

trawl, dredge, pot, or trap is prohibited
34948 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

year round in the area bounded by

rhumb lines connecting, in order, the

following points:

Point North lat. West long.

A .................... 28°42.5′ 84°24.8′

B .................... 28°42.5′ 84°16.3′

C .................... 28°11.0′ 84°00.0′

D .................... 28°11.0′ 84°07.0′

E .................... 28°26.6′ 84°24.8′

A .................... 28°42.5′ 84°24.8′

(c) Reef fish longline and buoy gear

restricted area. A person aboard a vessel

that uses, on any trip, longline or buoy

gear in the longline and buoy gear

restricted area is limited on that trip to

the bag limits for Gulf reef fish specified

in § 622.39(b)(1) and, for Gulf reef fish

for which no bag limit is specified in

§ 622.39(b)(1), the vessel is limited to 5

percent, by weight, of all fish on board

or landed. The longline and buoy gear

restricted area is that part of the Gulf

EEZ shoreward of rhumb lines

connecting, in order, the points listed in

Table 1, and shown in Figures 1 and 2,

in Appendix B of this part.

(d) Riley’s Hump seasonal closure.

From May 1 through June 30, each year,

fishing is prohibited in the following

area bounded by rhumb lines

connecting, in order, the following

points:

Point North lat. West long.

A .................... 24°32.2′ 83°08.7′

B .................... 24°32.2′ 83°05.2′

C .................... 24°28.7′ 83°05.2′

D .................... 24°28.7′ 83°08.7′

A .................... 24°32.2′ 83°08.7′

(e) Shrimp/stone crab separation

zones. Five zones are established in the

Gulf EEZ and Florida’s waters off Citrus

and Hernando Counties for the

separation of shrimp trawling and stone

crab trapping. Although Zone II is

entirely within Florida’s waters, it is

included in this paragraph (e) 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 (e) are as

follows:

Point North lat. West long.

A .................... 28°59′30′′ 82°45′36′′

B .................... 28°59′30′′ 83°00′10′′

C .................... 28°26′01′′ 82°59′47′′

D .................... 28°26′01′′ 82°56′54′′

E .................... 28°41′39′′ 82°55′25′′

F .................... 28°41′39′′ 82°56′09′′

G ................... 28°48′56′′ 82°56′19′′

H .................... 28°53′51′′ 82°51′19′′

Point North lat. West long.

I 1 ................... 28°54′43′′ 82°44′52′′

J 2 .................. 28°51′09′′ 82°44′00′′

K .................... 28°50′59′′ 82°54′16′′

L .................... 28°41′39′′ 82°53′56′′

M 3 ................. 28°41′39′′ 82°38′46′′

N .................... 28°41′39′′ 82°53′12′′

O ................... 28°30′51′′ 82°55′11′′

P .................... 28°40′00′′ 82°53′08′′

Q ................... 28°40′00′′ 82°47′58′′

R .................... 28°35′14′′ 82°47′47′′

S .................... 28°30′51′′ 82°52′55′′

T .................... 28°27′46′′ 82°55′09′′

U .................... 28°30′51′′ 82°52′09′′

1 Crystal River Entrance Light 1A.

2 Long Pt. (southwest tip).

3Shoreline.

(1) 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 from October 5 through May 20,

each year.

(2) 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.

(3) 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

from October 5 through May 20, each

year.

(4) Zone IV is enclosed by rhumb

lines connecting, in order, points E, N,

S, O, and E.

(i) It is unlawful to place a stone crab

trap in that part of Zone IV that is in the

EEZ from October 5 through December

1 and from April 2 through May 20,

each year.

(ii) It is unlawful to trawl in that part

of Zone IV that is in the EEZ from

December 2 through April 1, each year.

(5) Zone V is enclosed by rhumb lines

connecting, in order, points F, G, K, L,

and F.

(i) It is unlawful to place a stone crab

trap in that part of Zone V that is in the

EEZ from October 5 through November

30 and from March 16 through May 20,

each year.

(ii) It is unlawful to trawl in that part

of Zone V that is in the EEZ from

December 1 through March 15, each

year.

(f) Southwest Florida seasonal trawl

closure. From January 1 to 1 hour after

sunset on May 20, each year, trawling,

including trawling for live bait, is

prohibited in that part of the Gulf EEZ

shoreward of rhumb lines connecting, in

order, the following points:

Point North lat. West long.

B1 .................. 26°16.0′ 81°58.5′

C .................... 26°00.0′ 82°04.0′

Point North lat. West long.

D .................... 25°09.0′ 81°47.6′

E .................... 24°54.5′ 81°50.5′

M 1 ................. 24°49.3′ 81°46.4′

1On the seaward limit of Florida’s waters.

(g) Reef fish stressed area. The

stressed area is that part of the Gulf EEZ

shoreward of rhumb lines connecting, in

order, the points listed in Table 2, and

shown in Figures 3 and 4, in Appendix

B of this part.

(1) A powerhead may not be used in

the stressed area to take Gulf reef fish.

Possession of a powerhead and a

mutilated Gulf reef fish in the stressed

area or after having fished in the

stressed area constitutes prima facie

evidence that such reef fish was taken

with a powerhead in the stressed area.

(2) A roller trawl may not be used in

the stressed area. Roller trawl means a

trawl net equipped with a series of

large, solid rollers separated by several

smaller spacer rollers on a separate

cable or line (sweep) connected to the

footrope, which makes it possible to fish

the gear over rough bottom, that is, in

areas unsuitable for fishing

conventional shrimp trawls. Rigid

framed trawls adapted for shrimping

over uneven bottom, in wide use along

the west coast of Florida, and shrimp

trawls with hollow plastic rollers for

fishing on soft bottoms, are not

considered roller trawls.

(3) A fish trap may not be used in the

stressed area. A fish trap used in the

stressed area will be considered

unclaimed or abandoned property and

may be disposed of in any appropriate

manner by the Assistant Administrator

(including an authorized officer).

(h) Texas closure. (1) From 30

minutes after sunset on May 15 to 30

minutes after sunset on July 15,

trawling, except trawling for royal red

shrimp beyond the 100-fathom (183-m)

depth contour, is prohibited in the Gulf

EEZ off Texas.

(2) In accordance with the procedures

and restrictions of the Fishery

Management Plan for the Shrimp

Fishery of the Gulf of Mexico, the RD

may adjust the closing and/or opening

date of the Texas closure to provide an

earlier, later, shorter, or longer closure,

but the duration of the closure may not

exceed 90 days or be less than 45 days.

Notification of the adjustment of the

closing or opening date will be

published in the Federal Register.

(i) Tortugas shrimp sanctuary. (1) The

Tortugas shrimp sanctuary is closed to

trawling. The Tortugas shrimp

sanctuary is that part of the EEZ off

Florida shoreward of rhumb lines
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34949

connecting, in order, the following

points:

Point North lat. West long.

N 1 ................. 25°52.9′ 81°37.9′

F .................... 25°50.7′ 81°51.3′

G 2 ................. 24°40.1′ 82°26.7′

H 3 ................. 24°34.7′ 82°35.2′

P4 .................. 24°35.0′ 81°08.0′

1 Coon Key Light.

2 New Ground Rocks Light.

3 Rebecca Shoal Light.

4 Marquessas Keys.

(2) The provisions of paragraph (i)(1)

of this section notwithstanding—

(i) Effective from April 11 through

September 30, each year, that part of the

Tortugas shrimp sanctuary seaward of

rhumb lines connecting the following

points is open to trawling: From point

T at 24°47.8′ N. lat., 82°01.0′ W. long.

to point U at 24°43.83′ N. lat., 82°01.0′

W. long. (on the line denoting the

seaward limit of Florida’s waters);

thence along the seaward limit of

Florida’s waters, as shown on the

current edition of NOAA chart 11439, to

point V at 24°42.55′ N. lat., 82°15.0′ W.

long.; thence north to point W at

24°43.6′ N. lat., 82°15.0′ W. long.

(ii) Effective from April 11 through

July 31, each year, that part of the

Tortugas shrimp sanctuary seaward of

rhumb lines connecting the following

points is open to trawling: From point

W to point V, both points as specified

in paragraph (i)(2)(i) of this section, to

point G, as specified in paragraph (i)(1)

of this section.

(3) Effective from May 26 through July

31, each year, that part of the Tortugas

shrimp sanctuary seaward of rhumb

lines connecting the following points is

open to trawling: From point F, as

specified in paragraph (i)(1) of this

section, to point Q at 24°46.7′ N. lat.,

81°52.2′ W. long. (on the line denoting

the seaward limit of Florida’s waters);

thence along the seaward limit of

Florida’s waters, as shown on the

current edition of NOAA chart 11439, to

point U and north to point T, both

points as specified in paragraph (i)(2)(i)

of this section.

(j) West and East Flower Garden

Banks HAPC. Fishing with a bottom

longline, bottom trawl, dredge, pot, or

trap is prohibited year-round in the

HAPC. The West and East Flower

Garden Banks are geographically

centered at 27°52′14.21′′ N. lat.,

93°48′54.79′′ W. long. and 27°55′07.44′′

N. lat., 93°36′08.49′′ W. long.,

respectively. The HAPC extends from

these centers to the 50-fathom (300-ft)

(91.4-m) isobath.

(k) Wild live rock area closures. No

person may harvest or possess wild live

rock in the Gulf EEZ—

(1) North and west of a line extending

in a direction of 235° from true north

from a point at the mouth of the

Suwannee River at 29°17.25′ N. lat.,

83°09.9′ W. long. (the Levy/Dixie

County, FL boundary); or

(2) South of 25°20.4′ N. lat. (due west

from the Monroe/Collier County, FL

boundary).

§ 622.35 South Atlantic EEZ seasonal and/

or area closures.

(a) Allowable octocoral closed area.

No person may harvest or possess

allowable octocoral in the South

Atlantic EEZ north of 28°35.1′ N. lat.

(due east of the NASA Vehicle

Assembly Building, Cape Canaveral,

FL).

(b) Longline closed areas. A longline

may not be used to fish in the EEZ for

South Atlantic snapper-grouper south of

27°10′ N. lat. (due east of the entrance

to St. Lucie Inlet, FL); or north of 27°10′

N. lat. where the charted depth is less

than 50 fathoms (91.4 m), as shown on

the latest edition of the largest scale

NOAA chart of the location. A person

aboard a vessel with a longline on board

that fishes on a trip in the South

Atlantic EEZ south of 27°10′ N. lat., or

north of 27°10′ N. lat. where the charted

depth is less than 50 fathoms (91.4 m),

is limited on that trip to the bag limit

for South Atlantic snapper-grouper for

which a bag limit is specified in

§ 622.39(d)(1), and to zero for all other

South Atlantic snapper-grouper. For the

purpose of this paragraph, a vessel is

considered to have a longline on board

when a power-operated longline hauler,

a cable or monofilament of diameter and

length suitable for use in the longline

fishery, and gangions are on board.

Removal of any one of these three

elements constitutes removal of a

longline.

(c) Oculina Bank HAPC. The Oculina

Bank HAPC is bounded on the north by

27°53′ N. lat., on the south by 27°30′ N.

lat., on the east by 79°56′ W. long., and

on the west by 80°00′ W. long. In the

Oculina Bank HAPC:

(1) Fishing with a bottom longline,

bottom trawl, dredge, pot, or trap is

prohibited.

(2) A fishing vessel may not anchor,

use an anchor and chain, or use a

grapple and chain.

(3) No fishing for South Atlantic

snapper-grouper is allowed, and South

Atlantic snapper-grouper may not be

retained, in or from the HAPC. South

Atlantic snapper-grouper taken

incidentally in the HAPC by hook-andline gear must be released immediately

by cutting the line without removing the

fish from the water.

(d) South Atlantic shrimp cold

weather closure. (1) Pursuant to the

procedures and criteria established in

the FMP for the Shrimp Fishery of the

South Atlantic Region, when Florida,

Georgia, North Carolina, or South

Carolina closes all or a portion of its

waters of the South Atlantic to the

harvest of brown, pink, and white

shrimp, the Assistant Administrator

may concurrently close the South

Atlantic EEZ adjacent to the closed state

waters by filing a notification of closure

with the Office of the Federal Register.

Closure of the adjacent EEZ will be

effective until the ending date of the

closure in state waters, but may be

ended earlier based on the state’s

request. In the latter case, the Assistant

Administrator will terminate a closure

of the EEZ by filing a notification to that

effect with the Office of the Federal

Register.

(2) During a closure, as specified in

paragraph (d)(1) of this section—

(i) No person may trawl for brown

shrimp, pink shrimp, or white shrimp in

the closed portion of the EEZ (closed

area); and no person may possess on

board a fishing vessel brown shrimp,

pink shrimp, or white shrimp in or from

a closed area, except as authorized in

paragraph (d)(2)(iii) of this section.

(ii) No person aboard a vessel trawling

in that part of a closed area that is

within 25 nm of the baseline from

which the territorial sea is measured

may use or have on board a trawl net

with a mesh size less than 4 inches (10.2

cm), as measured between the centers of

opposite knots when pulled taut.

(iii) Brown shrimp, pink shrimp, or

white shrimp may be possessed on

board a fishing vessel in a closed area,

provided the vessel is in transit and all

trawl nets with a mesh size less than 4

inches (10.2 cm), as measured between

the centers of opposite knots when

pulled taut, are stowed below deck

while transiting the closed area. For the

purpose of this paragraph, a vessel is in

transit when it is on a direct and

continuous course through a closed

area.

(e) SMZs. (1) The SMZs consist of

artificial reefs and surrounding areas as

follows:

(i) Paradise Reef is bounded on the

north by 33°31.59′ N. lat.; on the south

by 33°30.51′ N. lat.; on the east by

78°57.55′ W. long.; and on the west by

78°58.85′ W. long.

(ii) Ten Mile Reef is bounded on the

north by 33°26.65′ N. lat.; on the south

by 33°24.80′ N. lat.; on the east by

78°51.08′ W. long.; and on the west by

78°52.97′ W. long.
34950 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(iii) Pawleys Island Reef is bounded

on the north by 33°26.58′ N. lat.; on the

south by 33°25.76′ N. lat.; on the east by

79°00.29′ W. long.; and on the west by

79°01.24′ W. long.

(iv) Georgetown Reef is bounded on

the north by 33°14.90′ N. lat.; on the

south by 33°13.85′ N. lat.; on the east by

78°59.45′ W. long.; and on the west by

79°00.65′ W. long.

(v) Capers Reef is bounded on the

north by 32°45.45′ N. lat.; on the south

by 32°43.91′ N. lat.; on the east by

79°33.81′ W. long.; and on the west by

79°35.10′ W. long.

(vi) Kiawah Reef is bounded on the

north by 32°29.78′ N. lat.; on the south

by 32°28.25′ N. lat.; on the east by

79°59.00′ W. long.; and on the west by

80°00.95′ W. long.

(vii) Edisto Offshore Reef is bounded

on the north by 32°15.30′ N. lat.; on the

south by 32°13.90′ N. lat.; on the east by

79°50.25′ W. long.; and on the west by

79°51.45′ W. long.

(viii) Hunting Island Reef is bounded

on the north by 32°13.72′ N. lat.; on the

south by 32°12.30′ N. lat.; on the east by

80°19.23′ W. long.; and on the west by

80°21.00′ W. long.

(ix) Fripp Island Reef is bounded on

the north by 32°15.92′ N. lat.; on the

south by 32°14.75′ N. lat.; on the east by

80°21.62′ W. long.; and on the west by

80°22.90′ W. long.

(x) Betsy Ross Reef is bounded on the

north by 32°03.60′ N. lat.; on the south

by 32°02.88′ N. lat.; on the east by

80°24.57′ W. long.; and on the west by

80°25.50′ W. long.

(xi) Hilton Head Reef/Artificial Reef—

T is bounded on the north by 32°00.71′

N. lat.; on the south by 31°59.42′ N. lat.;

on the east by 80°35.23′ W. long.; and

on the west by 80°36.37′ W. long.

(xii) Artificial Reef—A is bounded on

the north by 30°56.4′ N. lat.; on the

south by 30°55.2′ N. lat.; on the east by

81°15.4′ W. long.; and on the west by

81°16.5′ W. long.

(xiii) Artificial Reef—C is bounded on

the north by 30°51.4′ N. lat.; on the

south by 30°50.1′ N. lat.; on the east by

81°09.1′ W. long.; and on the west by

81°10.4′ W. long.

(xiv) Artificial Reef—G is bounded on

the north by 30°59.1′ N. lat.; on the

south by 30°57.8′ N. lat.; on the east by

80°57.7′ W. long.; and on the west by

80°59.2′ W. long.

(xv) Artificial Reef—F is bounded on

the north by 31°06.6′ N. lat.; on the

south by 31°05.6′ N. lat.; on the east by

81°11.4′ W. long.; and on the west by

81°13.3′ W. long.

(xvi) Artificial Reef—J is bounded on

the north by 31°36.7′ N. lat.; on the

south by 31°35.7′ N. lat.; on the east by

80°47.0′ W. long.; and on the west by

80°48.1′ W. long.

(xvii) Artificial Reef—L is bounded on

the north by 31°46.2′ N. lat.; on the

south by 31°45.1′ N. lat.; on the east by

80°35.8′ W. long.; and on the west by

80°37.1′ W. long.

(xviii) Artificial Reef—KC is bounded

on the north by 31°51.2′ N. lat.; on the

south by 31°50.3′ N. lat.; on the east by

80°46.0′ W. long.; and on the west by

80°47.2′ W. long.

(xix) Ft. Pierce Inshore Reef is

bounded on the north by 27°26.8’ N.

lat.; on the south by 27°25.8’ N. lat.; on

the east by 80°09.24’ W. long.; and on

the west by 80°10.36’ W. long.

(xx) Ft. Pierce Offshore Reef is

bounded by rhumb lines connecting, in

order, the following points:

Point North lat. West long.

A .................... 27°23.68′ 80°03.95′

B .................... 27°22.80′ 80°03.60′

C .................... 27°23.94′ 80°00.02′

D .................... 27°24.85′ 80°00.33′

A .................... 27°23.68′ 80°03.95′

(xxi) Key Biscayne/Artificial Reef—H

is bounded on the north by 25°42.82′ N.

lat.; on the south by 25°41.32′ N. lat.; on

the east by 80°04.22′ W. long.; and on

the west by 80°05.53′ W. long.

(xxii) Little River Offshore Reef is

bounded on the north by 33°42.10′ N.

lat.; on the south by 33°41.10′ N. lat.; on

the east by 78°26.40′ W. long.; and on

the west by 78°27.10′ W. long.

(xxiii) BP–25 Reef is bounded on the

north by 33°21.70′ N. lat.; on the south

by 33°20.70′ N. lat.; on the east by

78°24.80′ W. long.; and on the west by

78°25.60′ W. long.

(xxiv) Vermilion Reef is bounded on

the north by 32°57.80′ N. lat.; on the

south by 32°57.30′ N. lat.; on the east by

78°39.30′ W. long.; and on the west by

78°40.10′ W. long.

(xxv) Cape Romaine Reef is bounded

on the north by 33°00.00′ N. lat.; on the

south by 32°59.50′ N. lat.; on the east by

79°02.01′ W. long.; and on the west by

79°02.62′ W. long.

(xxvi) Y–73 Reef is bounded on the

north by 32°33.20′ N. lat.; on the south

by 32°32.70′ N. lat.; on the east by

79°19.10′ W. long.; and on the west by

79°19.70′ W. long.

(xxvii) Eagles Nest Reef is bounded on

the north by 32°01.48′ N. lat.; on the

south by 32°00.98′ N. lat.; on the east by

80°30.00′ W. long.; and on the west by

80°30.65′ W. long.

(xxviii) Bill Perry Jr. Reef is bounded

on the north by 33°26.20′ N. lat.; on the

south by 33°25.20′ N. lat.; on the east by

78°32.70′ W. long.; and on the west by

78°33.80′ W. long.

(xxix) Comanche Reef is bounded on

the north by 32°27.40′ N. lat.; on the

south by 32°26.90′ N. lat.; on the east by

79°18.80′ W. long.; and on the west by

79°19.60′ W. long.

(2) The use of a sea bass pot or a

bottom longline is prohibited in each of

the SMZs. The following additional

restrictions apply in the indicated

SMZs:

(i) In SMZs specified in paragraphs

(e)(1) (i) through (xviii) and (e)(1) (xxii)

through (xxix) of this section, the use of

a gillnet or a trawl is prohibited; and

fishing may be conducted only with

hand-held hook-and-line gear (including

a manual, electric, or hydraulic rod and

reel) and spearfishing gear.

(ii) In SMZs specified in paragraphs

(e)(1) (xix) and (xx) of this section, a

hydraulic or electric reel that is

permanently affixed to the vessel is

prohibited when fishing for South

Atlantic snapper-grouper.

(iii) In the SMZs specified in

paragraphs (e)(1) (xix) and (xxi) of this

section, the use of spearfishing gear is

prohibited.

(iv) In the SMZs specified in

paragraphs (e)(1)(i) through (x) and

(e)(1) (xxii) through (xxix) of this

section, a powerhead may not be used

to take South Atlantic snapper-grouper.

Possession of a powerhead and a

mutilated South Atlantic snappergrouper in one of the specified SMZs, or

after having fished in one of the SMZs,

constitutes prima facie evidence that

such fish was taken with a powerhead

in the SMZ.

§ 622.36 Seasonal harvest limitations.

The following limitations apply in the

South Atlantic EEZ:

(a) Greater amberjack spawning

season. During April, each year, south

of 28°35.1′ N. lat. (due east of the NASA

Vehicle Assembly Building, Cape

Canaveral, FL), the possession of greater

amberjack in or from the EEZ on board

a vessel that has a commercial permit

for South Atlantic snapper-grouper is

limited to three per person during a

single day, regardless of the number of

trips or the duration of a trip.

(b) Mutton snapper spawning season.

During May and June, each year, the

possession of mutton snapper in or from

the EEZ on board a vessel that has a

commercial permit for South Atlantic

snapper-grouper is limited to 10 per

person during a single day, regardless of

the number of trips or the duration of

a trip.

(c) Wreckfish spawning-season

closure. From January 15 through April

15, each year, no person may harvest or

possess on a fishing vessel wreckfish in

or from the EEZ; offload wreckfish from
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34951

the EEZ; or sell or purchase wreckfish

in or from the EEZ. The prohibition on

sale or purchase of wreckfish does not

apply to trade in wreckfish that were

harvested, offloaded, and sold or

purchased prior to January 15 and were

held in cold storage by a dealer or

processor.

§ 622.37 Minimum sizes.

Except for undersized king and

Spanish mackerel allowed in paragraphs

(c)(2) and (3) of this section, a fish

smaller than its minimum size, as

specified in this section, in or from the

Caribbean, Gulf, South Atlantic, and/or

Mid-Atlantic EEZ, as appropriate, may

not be possessed, sold, or purchased. An

undersized fish must be released

immediately with a minimum of harm.

The operator of a vessel that fishes in

the EEZ is responsible for ensuring that

fish on board are no smaller than the

minimum size limits specified in this

section.

(a) Caribbean reef fish: Yellowtail

snapper—12 inches (30.5 cm), TL.

(b) Caribbean spiny lobster—3.5

inches (8.9 cm), carapace length.

(c) Coastal migratory pelagic fish. (1)

Cobia in the Gulf or South Atlantic—33

inches (83.8 cm), fork length.

(2) King mackerel in the Gulf, South

Atlantic, or Mid-Atlantic—20 inches

(30.5 cm), fork length, except that a

vessel fishing under a quota for king

mackerel specified in § 622.42(c)(1) may

possess undersized king mackerel in

quantities not exceeding 5 percent, by

weight, of the king mackerel on board.

(3) Spanish mackerel in the Gulf,

South Atlantic, or Mid-Atlantic—12

inches (30.5 cm), fork length, except

that a vessel fishing under a quota for

Spanish mackerel specified in

§ 622.42(c)(2) may possess undersized

Spanish mackerel in quantities not

exceeding 5 percent, by weight, of the

Spanish mackerel on board.

(d) Gulf reef fish. (1) Black sea bass

and lane and vermilion snappers—8

inches (20.3 cm), TL.

(2) Gray, mutton, and yellowtail

snappers—12 inches (30.5 cm), TL.

(3) Red snapper—

(i) Effective through December 31,

1997—15 inches (38.1 cm), TL;

(ii) Effective January 1, 1998—16

inches (40.6 cm), TL.

(4) Black, red, Nassau, and yellowfin

groupers and gag—20 inches, (50.8 cm),

TL.

(5) Greater amberjack—28 inches

(71.1 cm), fork length, for a fish taken

by a person subject to the bag limit

specified in § 622.39(b)(1)(i) and 36

inches (91.4 cm), fork length, for a fish

taken by a person not subject to the bag

limit.

(e) South Atlantic snapper-grouper.

(1) Black sea bass and lane snapper—8

inches (20.3 cm), TL.

(2) Vermilion snapper—10 inches

(25.4 cm), TL, for a fish taken by a

person subject to the bag limit specified

in § 622.39(d)(1)(v) and 12 inches (30.5

cm), TL, for a fish taken by a person not

subject to the bag limit.

(3) Blackfin, cubera, dog, gray,

mahogany, queen, silk, and yellowtail

snappers; schoolmaster; and red porgy—

12 inches (30.5 cm), TL.

(4) Gray triggerfish in the South

Atlantic EEZ off Florida—12 inches

(30.5 cm), TL.

(5) Hogfish—12 inches (30.5 cm), fork

length.

(6) Mutton snapper—16 inches (40.6

cm), TL.

(7) Black, red, yellowfin, and

yellowmouth grouper; scamp; gag; and

red snapper—20 inches (50.8 cm), TL.

(8) Greater amberjack—28 inches

(71.1 cm), fork length, for a fish taken

by a person subject to the bag limit

specified in § 622.39(d)(1)(i) and 36

inches (91.4 cm), fork length, or, if the

head is removed, 28 inches (71.1 cm),

measured from the center edge at the

deheaded end to the fork of the tail, for

a fish taken by a person not subject to

the bag limit. (See Figure 2 in Appendix

C of this part for deheaded fish length

measurement.)

(f) Gulf shrimp. White shrimp

harvested in the EEZ are subject to the

minimum-size landing and possession

limits of Louisiana when possessed

within the jurisdiction of that State.

§ 622.38 Landing fish intact.

The operator of a vessel that fishes in

the EEZ is responsible for ensuring that

fish on that vessel in the EEZ are

maintained intact and, if taken from the

EEZ, are maintained intact through

offloading ashore, as specified in this

section.

(a) The following must be maintained

with head and fins intact: A cobia in or

from the Gulf or South Atlantic EEZ; a

king mackerel or Spanish mackerel in or

from the Gulf, Mid-Atlantic, or South

Atlantic EEZ; a South Atlantic snappergrouper in or from the South Atlantic

EEZ; a yellowtail snapper in or from the

Caribbean EEZ; and, except as specified

in paragraphs (c), (d), and (e) of this

section, a finfish in or from the Gulf

EEZ. Such fish may be eviscerated,

gilled, and scaled, but must otherwise

be maintained in a whole condition.

(b) A Caribbean spiny lobster in or

from the Caribbean EEZ must be

maintained with head and carapace

intact.

(c) Shark, swordfish, and tuna species

are exempt from the requirements of

paragraph (a) of this section.

(d) In the Gulf 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 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.

(e) In the South Atlantic EEZ, a

greater amberjack on or offloaded ashore

from a vessel that has a permit specified

in § 622.4(a)(2)(vi) may be deheaded and

eviscerated, but must otherwise be

maintained in a whole condition

through offloading ashore.

§ 622.39 Bag and possession limits.

(a) Applicability. (1) The bag and

possession limits apply for species/

species groups listed in this section in

or from the EEZ. Bag limits apply to a

person on a daily basis, regardless of the

number of trips in a day. Possession

limits apply to a person on a trip after

the first 24 hours of that trip. The bag

and possession limits apply to a person

who fishes in the EEZ in any manner,

except a person aboard a vessel in the

EEZ that has on board the commercial

vessel permit required under

§ 622.4(a)(2) for the appropriate species/

species group. However, see § 622.32 for

limitations on taking prohibited and

limited-harvest species. The limitations

in § 622.32 apply without regard to

whether the species is harvested by a

vessel operating under a commercial

vessel permit or by a person subject to

the bag limits. The possession of a

commercial vessel permit

notwithstanding, the bag and possession
34952 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

limits apply when the vessel is

operating as a charter vessel or

headboat. A person who fishes in the

EEZ may not combine a bag limit

specified in this section with a bag or

possession limit applicable to state

waters. A species/species group subject

to a bag limit specified in this section

taken in the EEZ by a person subject to

the bag limits may not be transferred at

sea, regardless of where such transfer

takes place, and such fish may not be

transferred in the EEZ.

(2) Paragraph (a)(1) of this section

notwithstanding, bag and possession

limits also apply for Gulf reef fish in or

from the EEZ to a person aboard a vessel

that has on board a commercial permit

for Gulf reef fish—

(i) When trawl gear or entangling net

gear is on board. A vessel is considered

to have trawl gear on board when trawl

doors and a net are on board. Removal

from the vessel of all trawl doors or all

nets constitutes removal of trawl gear.

(ii) When a longline or buoy gear is

on board and the vessel is fishing or has

fished on a trip in the reef fish longline

and buoy gear restricted area specified

in § 622.34(c). A vessel is considered to

have a longline on board when a poweroperated longline hauler, a cable of

diameter and length suitable for use in

the longline fishery, and gangions are on

board. Removal of any one of these three

elements, in its entirety, constitutes

removal of a longline.

(iii) For a species/species group when

its quota has been reached and closure

has been effected.

(b) Gulf reef fish—(1) Bag limits. (i)

Greater amberjack—3.

(ii) Groupers, combined, excluding

jewfish—5.

(iii) Red snapper—5.

(iv) Snappers, combined, excluding

red, lane, and vermilion snapper—10.

(2) Possession limits. A person who is

on a trip that spans more than 24 hours

may possess no more than two daily bag

limits, provided such trip is on a vessel

that is operating as a charter vessel or

headboat, the vessel has two licensed

operators aboard, and each passenger is

issued and has in possession a receipt

issued on behalf of the vessel that

verifies the length of the trip.

(c) King and Spanish mackerel—(1)

Bag limits. (i) Atlantic migratory group

king mackerel—

(A) Mid-Atlantic and South Atlantic,

other than off Florida—3.

(B) Off Florida—2, which is the daily

bag limit specified by Florida for its

waters (Rule 46–12.004(1), Florida

Administrative Code). If Florida changes

its limit, the bag limit specified in this

paragraph (c)(1)(i)(B) will be changed to

conform to Florida’s limit, provided

such limit does not exceed 5.

(ii) Gulf migratory group king

mackerel—2.

(iii) Atlantic migratory group Spanish

mackerel—10.

(iv) Gulf migratory group Spanish

mackerel—

(A) Off Louisiana, Mississippi, and

Alabama—10.

(B) Off Florida—10, which is the daily

bag limit specified by Florida for its

waters (Rule 46–23.005(1), Florida

Administrative Code). If Florida changes

its limit, the bag limit specified in this

paragraph (c)(1)(iv)(B) will be changed

to conform to Florida’s limit, provided

such limit does not exceed 10.

(C) Off Texas—7, which is the daily

bag limit specified by Texas for its

waters (Rule 31–65.72(c)(4)(A), Texas

Administrative Code). If Texas changes

its limit, the bag limit specified in this

paragraph (c)(1)(iv)(C) will be changed

to conform to Texas’ limit, provided

such limit does not exceed 10.

(2) Possession limits. A person who is

on a trip that spans more than 24 hours

may possess no more than two daily bag

limits, provided such trip is on a vessel

that is operating as a charter vessel or

headboat, the vessel has two licensed

operators aboard, and each passenger is

issued and has in possession a receipt

issued on behalf of the vessel that

verifies the length of the trip.

(d) South Atlantic snapper-grouper—

(1) Bag limits. (i) Greater amberjack—3.

(ii) Groupers, combined, excluding

jewfish and Nassau grouper, and

tilefishes—5.

(iii) Hogfish in the South Atlantic off

Florida—5.

(iv) Snappers, combined, excluding

cubera snapper measuring 30 inches

(76.2 cm), TL, or larger, in the South

Atlantic off Florida, and excluding

vermilion snapper—10, of which no

more than 2 may be red snapper. (See

§ 622.32(c)(2) for limitations on cubera

snapper measuring 30 inches (76.2 cm),

TL, or larger, in or from the South

Atlantic EEZ off Florida.)

(v) Vermilion snapper—10.

(2) Possession limits. Provided each

passenger is issued and has in

possession a receipt issued on behalf of

the vessel that verifies the duration of

the trip—

(i) A person aboard a charter vessel or

headboat on a trip that spans more than

24 hours may possess no more than two

daily bag limits.

(ii) A person aboard a headboat on a

trip that spans more than 48 hours and

who can document that fishing was

conducted on at least 3 days may

possess no more than three daily bag

limits.

(3) Longline bag limits. Other

provisions of this paragraph (d)

notwithstanding, a person on a trip

aboard a vessel for which the bag limits

apply that has a longline on board is

limited on that trip to the bag limit for

South Atlantic snapper-grouper for

which a bag limit is specified in

paragraph (d)(1) of this section, and to

zero for all other South Atlantic

snapper-grouper. For the purpose of this

paragraph (d)(3), a vessel is considered

to have a longline on board when a

power-operated longline hauler, a cable

or monofilament of diameter and length

suitable for use in the longline fishery,

and gangions are on board. Removal of

any one of these three elements

constitutes removal of a longline.

§ 622.40 Limitations on traps and pots.

(a) Tending—(1) Caribbean EEZ. A

fish trap or Caribbean spiny lobster trap

in the Caribbean EEZ may be pulled or

tended only by a person (other than an

authorized officer) aboard the fish trap

or spiny lobster trap owner’s vessel, or

aboard another vessel if such vessel has

on board written consent of the trap

owner, or if the trap owner is aboard

and has documentation verifying his

identification number and color code.

An owner’s written consent must

specify the time period such consent is

effective and the trap owner’s gear

identification number and color code.

(2) Gulf EEZ. A fish trap in the Gulf

EEZ may be pulled or tended only by a

person (other than an authorized officer)

aboard the vessel with the fish trap

endorsement to fish such trap or aboard

another vessel if such vessel has on

board written consent of the owner or

operator of the vessel so endorsed. Such

written consent is valid solely for the

removal of fish traps from the EEZ, and

harvest of fish incidental to such

removal, when vessel or equipment

breakdown prevents the vessel with the

fish trap endorsement from retrieving its

traps.

(3) South Atlantic EEZ. A sea bass pot

in the South Atlantic EEZ may be pulled

or tended only by a person (other than

an authorized officer) aboard the vessel

permitted to fish such pot or aboard

another vessel if such vessel has on

board written consent of the owner or

operator of the vessel so permitted.

(b) Escape mechanisms—(1)

Caribbean EEZ. (i) A fish trap used or

possessed in the Caribbean EEZ must

have a panel located on each of two

sides of the trap, excluding the top,

bottom, and side containing the trap

entrance. The opening covered by a

panel must measure not less than 8 by

8 inches (20.3 by 20.3 cm). The mesh

size of a panel may not be smaller than
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34953

the mesh size of the trap. A 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 one of the panels,

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.

(ii) A spiny lobster trap used or

possessed in the Caribbean EEZ must

contain on any vertical side or on the

top a panel no smaller in diameter than

the throat or entrance of the trap. The

panel must be made of or attached to the

trap by one of the following degradable

materials:

(A) Untreated fiber of biological origin

with a diameter not exceeding 1⁄8 inch

(3.2 mm). This includes, but is not

limited to tyre, palm, hemp, jute, cotton,

wool, or silk.

(B) Ungalvanized or uncoated iron

wire with a diameter not exceeding 1⁄16

inch (1.6 mm), that is, 16 gauge wire.

(2) Gulf EEZ. A fish trap used or

possessed in the Gulf EEZ must have at

least two escape windows on each of

two sides, excluding the bottom (a total

of four escape windows), that are 2 by

2 inches (5.1 by 5.1 cm) or larger. In

addition, a fish trap must have a panel

or access door located opposite each

side of the trap that has a funnel. The

opening covered by each panel or access

door must be 144 in2 (929 cm2) or larger,

with one dimension of the area equal to

or larger than the largest interior axis of

the trap’s throat (funnel) with no other

dimension less than 6 inches (15.2 cm).

The hinges and fasteners of each panel

or access door must be constructed of

one of the following degradable

materials:

(i) Untreated jute string with a

diameter not exceeding 3⁄16 inch (4.8

mm) that is not wrapped or overlapped.

(ii) Magnesium alloy, time float

releases (pop-up devices) or similar

magnesium alloy fasteners.

(3) South Atlantic EEZ. (i) A sea bass

pot that is used or possessed in the

South Atlantic EEZ north of 28°35.1′ N.

lat. (due east of the NASA Vehicle

Assembly Building, Cape Canaveral, FL)

is required to have on at least one side,

excluding top and bottom, a panel or

door with an opening equal to or larger

than the interior end of the trap’s throat

(funnel). The hinges and fasteners of

each panel or door must be made of one

of the following degradable materials:

(A) Untreated hemp, jute, or cotton

string with a diameter not exceeding 3⁄16

inch (4.8 mm).

(B) Magnesium alloy, timed float

releases (pop-up devices) or similar

magnesium alloy fasteners.

(C) Ungalvanized or uncoated iron

wire with a diameter not exceeding 1⁄16

inch (1.6 mm), that is, 16 gauge wire.

(ii) [Reserved]

(c) Construction requirements and

mesh sizes—(1) Caribbean EEZ. A barewire fish trap used or possessed in the

EEZ that has hexagonal mesh openings

must have a minimum mesh size of 1.5

inches (3.8 cm) in the smallest

dimension measured between centers of

opposite strands. A bare-wire fish trap

used or possessed in the EEZ that has

other than hexagonal mesh openings or

a fish trap of other than bare wire, such

as coated wire or plastic, used or

possessed in the EEZ, must have a

minimum mesh size of 2.0 inches (5.1

cm) in the smallest dimension measured

between centers of opposite strands.

(2) Gulf EEZ. A fish trap used or

possessed in the Gulf EEZ must meet all

of the following mesh size requirements

(based on centerline measurements

between opposite wires or netting

strands):

(i) A minimum of 2 in2 (12.9 cm2)

opening for each mesh.

(ii) One-inch (2.5-cm) minimum

length for the shortest side.

(iii) Minimum distance of 1 inch (2.5

cm) between parallel sides of

rectangular openings, and 1.5 inches

(3.8 cm) between parallel sides of square

openings and of mesh openings with

more than four sides.

(iv) One and nine-tenths inches (4.8

cm) minimum distance for diagonal

measures of mesh.

(3) South Atlantic EEZ. (i) A sea bass

pot used or possessed in the South

Atlantic EEZ must have mesh sizes as

follows (based on centerline

measurements between opposite,

parallel wires or netting strands):

(A) Hexagonal mesh (chicken wire)—

at least 1.5 inches (3.8 cm) between the

wrapped sides;

(B) Square mesh—at least 1.5 inches

(3.8 cm) between sides; or

(C) Rectangular mesh—at least 1 inch

(2.5 cm) between the longer sides and 2

inches (5.1 cm) between the shorter

sides.

(ii) [Reserved]

(d) Area-specific restrictions—(1) Gulf

EEZ. In the Gulf EEZ, a fish trap may be

pulled or tended only from official

sunrise to official sunset. The operator

of a vessel from which a fish trap is

deployed in the Gulf EEZ must retrieve

all the vessel’s fish traps and return

them to port on each trip. A fish trap

that is not returned to port on a trip, and

its attached line and buoy, may be

disposed of in any appropriate manner

by the Assistant Administrator or an

authorized officer. The owner of such

trap and/or the operator of the

responsible vessel is subject to

appropriate civil penalties. A buoy that

floats on the surface must be attached to

each fish trap, or to each end trap of

traps that are connected by a line, used

in the Gulf EEZ. The maximum

allowable size for a fish trap fished in

the Gulf EEZ shoreward of the 50-

fathom (91.4-m) isobath is 33 ft3 (0.9 m3)

in volume. Fish trap volume is

determined by measuring the external

dimensions of the trap, and includes

both the enclosed holding capacity of

the trap and the volume of the funnel(s)

within those dimensions. There is no

size limitation for fish traps fished

seaward of the 50-fathom (91.4-m)

isobath. The maximum number of traps

that may be assigned to, possessed, or

fished in the Gulf EEZ by a vessel is

100.

(2) South Atlantic EEZ. In the South

Atlantic EEZ, sea bass pots may not be

used or possessed in multiple

configurations, that is, two or more pots

may not be attached one to another so

that their overall dimensions exceed

those allowed for an individual sea bass

pot. This does not preclude connecting

individual pots to a line, such as a

‘‘trawl’’ or trot line.

§ 622.41 Species specific limitations.

(a) Aquacultured live rock. In the Gulf

or South Atlantic EEZ:

(1) Aquacultured live rock may be

harvested only under a permit, as

required under § 622.4(a)(3)(iii), and

aquacultured live rock on a site may be

harvested only by the person, or his or

her employee, contractor, or agent, who

has been issued the aquacultured live

rock permit for the site. A person

harvesting aquacultured live rock is

exempt from the prohibition on taking

prohibited coral for such prohibited

coral as attaches to aquacultured live

rock.

(2) The following restrictions apply to

individual aquaculture activities:

(i) No aquaculture site may exceed 1

acre (0.4 ha) in size.

(ii) Material deposited on the

aquaculture site—

(A) May not be placed over naturally

occurring reef outcrops, limestone

ledges, coral reefs, or vegetated areas.

(B) Must be free of contaminants.

(C) Must be nontoxic.

(D) Must be placed on the site by

hand or lowered completely to the

bottom under restraint, that is, not

allowed to fall freely.
34954 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(E) Must be placed from a vessel that

is anchored.

(F) In the Gulf EEZ, must be

distinguishable, geologically or

otherwise (for example, be indelibly

marked or tagged), from the naturally

occurring substrate.

(G) In the South Atlantic EEZ, must be

geologically distinguishable from the

naturally occurring substrate and, in

addition, may be indelibly marked or

tagged.

(iii) A minimum setback of at least 50

ft (15.2 m) must be maintained from

natural vegetated or hard bottom

habitats.

(3) Mechanically dredging or drilling,

or otherwise disturbing, aquacultured

live rock is prohibited, and

aquacultured live rock may be harvested

only by hand. In addition, the following

activities are prohibited in the South

Atlantic: Chipping of aquacultured live

rock in the EEZ, possession of chipped

aquacultured live rock in or from the

EEZ, removal of allowable octocoral or

prohibited coral from aquacultured live

rock in or from the EEZ, and possession

of prohibited coral not attached to

aquacultured live rock or allowable

octocoral, while aquacultured live rock

is in possession. See the definition of

‘‘Allowable octocoral’’ for clarification

of the distinction between allowable

octocoral and live rock. For the

purposes of this paragraph (a)(3),

chipping means breaking up reefs,

ledges, or rocks into fragments, usually

by means of a chisel and hammer.

(4) Not less than 24 hours prior to

harvest of aquacultured live rock, the

owner or operator of the harvesting

vessel must provide the following

information to the NMFS Law

Enforcement Office, Southeast Area, St.

Petersburg, FL, telephone (813) 570–

5344:

(i) Permit number of site to be

harvested and date of harvest.

(ii) Name and official number of the

vessel to be used in harvesting.

(iii) Date, port, and facility at which

aquacultured live rock will be landed.

(b) Caribbean reef fish. A marine

aquarium fish may be harvested in the

Caribbean EEZ only by a hand-held dip

net or by a hand-held slurp gun. For the

purposes of this paragraph, a hand-held

slurp gun is a device that rapidly draws

seawater containing fish into a selfcontained chamber, and a marine

aquarium fish is a Caribbean reef fish

that is smaller than 5.5 inches (14.0 cm),

TL.

(c) King and Spanish mackerel—(1)

Prohibited gear. (i) In addition to the

gear restrictions specified in § 622.31,

fishing gear is prohibited for use in the

Gulf, Mid-Atlantic, and South Atlantic

EEZ for migratory groups of king and

Spanish mackerel as follows:

(A) King mackerel, Gulf migratory

group—all gear other than hook and line

and run-around gillnet.

(B) Spanish mackerel, Gulf and

Atlantic migratory groups—purse

seines.

(ii) Except for the purse seine

incidental catch allowance specified in

paragraph (c)(3) of this section, a vessel

in the EEZ in the area of a migratory

group or having fished in the EEZ in

such area with prohibited gear on board

may not possess any of the species for

which that gear is prohibited.

(2) Gillnets—(i) King mackerel. The

minimum allowable mesh size for a

gillnet used to fish in the Gulf, MidAtlantic, or South Atlantic EEZ for king

mackerel is 4.75 inches (12.1 cm),

stretched mesh. A vessel in the EEZ, or

having fished on a trip in the EEZ, with

a gillnet on board that has a mesh size

less than 4.75 inches (12.1 cm),

stretched mesh, may possess on that trip

an incidental catch of king mackerel

that does not exceed 10 percent, by

number, of the total lawfully possessed

Spanish mackerel on board.

(ii) Spanish mackerel. The minimum

allowable mesh size for a gillnet used to

fish in the Gulf, Mid-Atlantic, or South

Atlantic EEZ for Spanish mackerel is 3.5

inches (8.9 cm), stretched mesh. A

vessel in the EEZ, or having fished on

a trip in the EEZ, with a gillnet on board

that has a mesh size less than 3.5 inches

(8.9 cm), stretched mesh, may not

possess on that trip any Spanish

mackerel.

(3) Purse seine incidental catch

allowance. A vessel in the EEZ, or

having fished in the EEZ, with a purse

seine on board will not be considered as

fishing, or having fished, for king or

Spanish mackerel in violation of a

prohibition of purse seines under

paragraph (c)(1)(i)(B) of this section, or,

in the case of king mackerel from the

Atlantic migratory group, in violation of

a closure effected in accordance with

§ 622.43(a), provided the king mackerel

on board does not exceed 1 percent, or

the Spanish mackerel on board does not

exceed 10 percent, of all fish on board

the vessel. Incidental catch will be

calculated by number and/or weight of

fish. Neither calculation may exceed the

allowable percentage. Incidentally

caught king or Spanish mackerel are

counted toward the quotas provided for

under § 622.42(c) and are subject to the

prohibition of sale under

§ 622.43(a)(3)(iii).

(d) South Atlantic snapper-grouper—

(1) Authorized gear. Subject to the gear

restrictions specified in § 622.31, the

following are the only gear types

authorized in directed fishing for

snapper-grouper in the South Atlantic

EEZ:

(i) Vertical hook-and-line gear,

including a hand-held rod or a rod

attached to a vessel (‘‘bandit’’ gear), in

either case, with a manual, electric, or

hydraulic reel.

(ii) Spearfishing gear.

(iii) Bottom longline.

(iv) Sea bass pot.

(2) Unauthorized gear. All gear types

other than those specified in paragraph

(d)(1) of this section are unauthorized

gear and the following possession and

transfer limitations apply.

(i) A vessel with trawl gear on board

that fishes in the EEZ on a trip may

possess no more than 200 lb (90.7 kg)

of South Atlantic snapper-grouper,

excluding wreckfish, in or from the EEZ

on that trip. It is a rebuttable

presumption that a vessel with more

than 200 lb (90.7 kg) of South Atlantic

snapper-grouper, excluding wreckfish,

on board harvested such fish in the EEZ.

(ii) Except as specified in paragraph

(d)(3) of this section, a person aboard a

vessel with unauthorized gear on board,

other than trawl gear, that fishes in the

EEZ on a trip is limited on that trip to:

(A) South Atlantic snapper-grouper

species for which a bag limit is specified

in § 622.39(d)(1)—the bag limit.

(B) All other South Atlantic snappergrouper—zero.

(iii) South Atlantic snapper-grouper

on board a vessel with unauthorized

gear on board may not be transferred at

sea, regardless of where such transfer

takes place, and such snapper-grouper

may not be transferred in the EEZ.

(iv) No vessel may receive at sea any

South Atlantic snapper-grouper from a

vessel with unauthorized gear on board,

as specified in paragraph (d)(2)(iii) of

this section.

(3) Use of sink nets off North

Carolina. A vessel that has on board a

commercial permit for South Atlantic

snapper-grouper, excluding wreckfish,

that fishes in the EEZ off North Carolina

on a trip with a sink net on board, may

retain otherwise legal South Atlantic

snapper-grouper taken on that trip with

vertical hook-and-line gear or a sea bass

pot. For the purpose of this paragraph

(d)(3), a sink net is a gillnet with

stretched mesh measurements of 3 to

4.75 inches (7.6 to 12.1 cm) that is

attached to the vessel when deployed.

§ 622.42 Quotas.

Quotas apply for the fishing year for

each species or species group. Except

for the quotas for Gulf and South

Atlantic coral, the quotas include

species harvested from state waters

adjoining the EEZ. Quotas for species
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34955

managed under this part are as follows.

(See § 622.32 for limitations on taking

prohibited and limited-harvest species.

The limitations in § 622.32 apply

without regard to whether the species is

harvested by a vessel operating under a

commercial vessel permit or by a person

subject to the bag limits.)

(a) Gulf reef fish. Quotas apply to

persons who fish under commercial

vessel permits for Gulf reef fish, as

required under § 622.4(a)(2)(v).

(1) Red snapper—3.06 million lb (1.39

million kg), round weight.

(2) Deep-water groupers, that is,

yellowedge grouper, misty grouper,

warsaw grouper, snowy grouper,

speckled hind, and, after the quota for

shallow-water grouper is reached,

scamp, combined—1.6 million lb (0.7

million kg), round weight.

(3) Shallow-water groupers, that is, all

groupers other than deep-water groupers

and jewfish, including scamp before the

quota for shallow-water groupers is

reached, combined—9.8 million lb (4.4

million kg), round weight.

(b) Gulf and South Atlantic coral—(1)

Allowable octocoral. The quota for all

persons who harvest allowable octocoral

in the Gulf and South Atlantic EEZ is

50,000 colonies. A colony is a

continuous group of coral polyps

forming a single unit.

(2) Wild live rock in the Gulf. The

quota for all persons who harvest wild

live rock in the Gulf EEZ is 500,000 lb

(226,796 kg). Commencing with the

fishing year that begins January 1, 1997,

the quota is zero.

(c) King and Spanish mackerel. King

and Spanish mackerel quotas apply to

persons who fish under commercial

vessel permits for king and Spanish

mackerel, as required under

§ 622.4(a)(2)(iv). A fish is counted

against the quota for the area where it

is caught when it is first sold.

(1) Migratory groups of king

mackerel—(i) Gulf migratory group. The

quota for the Gulf migratory group of

king mackerel is 2.50 million lb (1.13

million kg). The Gulf migratory group is

divided into eastern and western zones

separated by 87°31′06′′ W. long., which

is a line directly south from the

Alabama/Florida boundary. Quotas for

the eastern and western zones are as

follows:

(A) Eastern zone—1.73 million lb

(0.78 million kg), which is further

divided into quotas as follows:

(1) Florida east coast subzone—

865,000 lb (392,357 kg).

(2) Florida west coast subzone—

865,000 lb (392,357 kg), which is further

divided into quotas by gear types as

follows:

(i) 432,500 lb (196,179 kg) for vessels

fishing with hook-and-line gear.

(ii) 432,500 lb (196,179 kg) for vessels

fishing with run-around gillnets.

(3) The Florida east coast subzone is

that part of the eastern zone north of

25°20.4′ N. lat., which is a line directly

east from the Dade/Monroe County, FL,

boundary, and the Florida west coast

subzone is that part of the eastern zone

south and west of 25°20.4′ N. lat.

(B) Western zone—0.77 million lb

(0.35 million kg).

(ii) Atlantic migratory group. The

quota for the Atlantic migratory group of

king mackerel is 2.70 million lb (1.22

million kg). No more than 0.4 million lb

(0.18 million kg) may be harvested by

purse seines.

(2) Migratory groups of Spanish

mackerel—(i) Gulf migratory group. The

quota for the Gulf migratory group of

Spanish mackerel is 4.90 million lb

(2.22 million kg).

(ii) Atlantic migratory group. The

quota for the Atlantic migratory group of

Spanish mackerel is 4.70 million lb

(2.13 million kg).

(d) Royal red shrimp in the Gulf. The

quota for all persons who harvest royal

red shrimp in the Gulf is 392,000 lb

(177.8 mt), tail weight.

(e) South Atlantic snapper-grouper,

excluding wreckfish. The quotas apply

to persons who are not subject to the bag

limits. (See § 622.39(a)(1) for

applicability of the bag limits.)

(1) Snowy grouper—344,508 lb

(156,266 kg), gutted weight, that is,

eviscerated but otherwise whole.

(2) Golden tilefish—1,001,663 lb

(454,347 kg), gutted weight, that is,

eviscerated but otherwise whole.

(f) Wreckfish. The quota for wreckfish

applies to wreckfish shareholders, or

their employees, contractors, or agents,

and is 2 million lb (907,185 kg), round

weight. See § 622.15 for information on

the wreckfish shareholder under the

ITQ system.

§ 622.43 Closures.

(a) General. When a quota specified in

§ 622.42 is reached, or is projected to be

reached, the Assistant Administrator

will file a notification to that effect with

the Office of the Federal Register. On

and after the effective date of such

notification, for the remainder of the

fishing year, the following closure

restrictions apply:

(1) Gulf reef fish. The bag and

possession limits specified in

§ 622.39(b) apply to all harvest in the

Gulf EEZ of the indicated species, and

the sale or purchase of the indicated

species taken from the Gulf EEZ is

prohibited.

(2) Gulf and South Atlantic coral—(i)

Allowable octocoral. Allowable

octocoral may not be harvested or

possessed in the Gulf or South Atlantic

EEZ and the sale or purchase of

allowable octocoral in or from the Gulf

or South Atlantic EEZ is prohibited.

(ii) Wild live rock in the Gulf. Wild

live rock may not be harvested or

possessed in the Gulf EEZ and the sale

or purchase of wild live rock in or from

the Gulf EEZ is prohibited.

(3) King and Spanish mackerel. The

closure provisions of this paragraph

(a)(3) do not apply to Atlantic migratory

group Spanish mackerel, which are

managed under the commercial trip

limits specified in § 622.44(b) in lieu of

the closure provisions of this section.

(i) A person aboard a vessel for which

a commercial permit for king and

Spanish mackerel has been issued, as

required under § 622.4(a)(2)(iv), may not

fish for king or Spanish mackerel in the

EEZ or retain fish in or from the EEZ

under a bag or possession limit

specified in § 622.39(c) for the closed

species, migratory group, zone, subzone,

or gear type, except as provided for

under paragraph (a)(3)(ii) of this section.

(ii) A person aboard a vessel for

which the permit indicates both

commercial king and Spanish mackerel

and charter vessel/headboat for coastal

migratory pelagic fish may continue to

retain fish under a bag and possession

limit specified in § 622.39(c), provided

the vessel is operating as a charter

vessel or headboat.

(iii) The sale or purchase of king or

Spanish mackerel of the closed species,

migratory group, zone, subzone, or gear

type is prohibited, including such king

or Spanish mackerel taken under the

bag limits.

(4) Royal red shrimp in the Gulf.

Royal red shrimp in or from the Gulf

EEZ may not be retained, and the sale

or purchase of royal red shrimp taken

from the Gulf EEZ is prohibited.

(5) South Atlantic snapper-grouper,

excluding wreckfish. There are no

closure provisions for South Atlantic

snapper grouper, other than for

wreckfish. Golden tilefish and snowy

grouper, for which there are quotas, are

managed under the commercial trip

limits specified in § 622.44(a) in lieu of

the closure provisions of this section.

(6) Wreckfish. Wreckfish in or from

the South Atlantic EEZ may not be

retained, and the sale or purchase of

wreckfish taken from the South Atlantic

EEZ is prohibited.

(b) Exception to prohibition on sale/

purchase. (1) The prohibition on sale/

purchase during a closure for Gulf reef

fish, king and Spanish mackerel, royal

red shrimp, or wreckfish in paragraph

(a)(1), (a)(3)(iii), (a)(4), or (a)(6) of this

section does not apply to the indicated
34956 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

species that were harvested, landed

ashore, and bartered, traded, or sold

prior to the effective date of the closure

and were held in cold storage by a

dealer or processor.

(2) The prohibition on sale/purchase

during a closure for allowable octocoral

or wild live rock in paragraph (a)(2)(i)

or (a)(2)(ii) of this section does not

apply to allowable octocoral or wild live

rock that was harvested and landed

ashore prior to the effective date of the

closure.

§ 622.44 Commercial trip limits.

Commercial trip limits are limits on

the amount of the applicable species

that may be possessed on board or

landed, purchased, or sold from a vessel

per day. A person who fishes in the EEZ

may not combine a trip limit specified

in this section with any trip or

possession limit applicable to state

waters. A species subject to a trip limit

specified in this section taken in the

EEZ may not be transferred at sea,

regardless of where such transfer takes

place, and such species may not be

transferred in the EEZ. For fisheries

governed by this part, commercial trip

limits apply as follows:

(a) King mackerel. Commercial trip

limits are established for Gulf migratory

group king mackerel in the eastern zone

as follows. (See § 622.42(c)(1)(i) for

specification of the eastern zone and

§ 622.42(c)(1)(i)(A)(3) for specifications

of the subzones in the eastern zone.)

(1) Florida east coast subzone. In the

Florida east coast subzone, king

mackerel in or from the EEZ may be

possessed on board or landed from a

vessel for which a commercial permit

for king and Spanish mackerel has been

issued, as required under

§ 622.4(a)(2)(iv)—

(i) From November 1, each fishing

year, until 75 percent of the subzone’s

fishing year quota of king mackerel has

been harvested—in amounts not

exceeding 50 king mackerel per day.

(ii) From the date that 75 percent of

the subzone’s fishing year quota of king

mackerel has been harvested until a

closure of the Florida east coast subzone

has been effected under § 622.43(a)—in

amounts not exceeding 25 king

mackerel per day. However, if 75

percent of the subzone’s quota has not

been harvested by March 1, the vessel

limit remains at 50 king mackerel per

day until the subzone’s quota is filled or

until March 31, whichever occurs first.

(2) Florida west coast subzone—(i)

Gillnet gear. (A) In the Florida west

coast subzone, king mackerel in or from

the EEZ may be possessed on board or

landed from a vessel for which a

commercial permit with a gillnet

endorsement has been issued, as

required under § 622.4(a)(2)(ii), from

July 1, each fishing year, until a closure

of the Florida west coast subzone’s

fishery for vessels fishing with runaround gillnets has been effected under

§ 622.43(a)—in amounts not exceeding

25,000 lb (11,340 kg) per day.

(B) In the Florida west coast subzone:

(1) King mackerel in or from the EEZ

may be possessed on board or landed

from a vessel that uses or has on board

a run-around gillnet on a trip only when

such vessel has on board a commercial

permit for king and Spanish mackerel

with a gillnet endorsement.

(2) King mackerel from the west coast

subzone landed by a vessel for which

such commercial permit with

endorsement has been issued will be

counted against the run-around gillnet

quota of § 622.42(c)(1)(i)(A)(2)(ii).

(3) King mackerel in or from the EEZ

harvested with gear other than runaround gillnet may not be retained on

board a vessel for which such

commercial permit with endorsement

has been issued.

(ii) Hook-and-line gear. In the Florida

west coast subzone, king mackerel in or

from the EEZ may be possessed on

board or landed from a vessel with a

commercial permit for king and Spanish

mackerel, as required by

§ 622.4(a)(2)(iv), and operating under

the hook-and-line gear quota in

§ 622.42(c)(1)(i)(A)(2)(i):

(A) From July 1, each fishing year,

until 75 percent of the subzone’s hookand-line gear quota has been

harvested—in amounts not exceeding

125 king mackerel per day.

(B) From the date that 75 percent of

the subzone’s hook-and-line gear quota

has been harvested until a closure of the

west coast subzone’s hook-and-line

fishery has been effected under

§ 622.43(a)—in amounts not exceeding

50 king mackerel per day.

(3) Notice of trip limit changes. The

Assistant Administrator, by filing a

notification of trip limit change with the

Office of the Federal Register, will effect

the trip limit changes specified in

paragraphs (a)(1) and (a)(2)(ii) of this

section when the requisite harvest level

has been reached or is projected to be

reached.

(b) Spanish mackerel. (1) Commercial

trip limits are established for Atlantic

migratory group Spanish mackerel as

follows:

(i) North of 30°42′45.6′′ N. lat., which

is a line directly east from the Georgia/

Florida boundary, Spanish mackerel in

or from the EEZ may not be possessed

on board or landed in a day from a

vessel for which a permit for king and

Spanish mackerel has been issued, as

required under § 622.4(a)(2)(iv), in

amounts exceeding 3,500 lb (1,588 kg).

(ii) South of 30°42′45.6′′ N. lat.,

Spanish mackerel in or from the EEZ

may not be possessed on board or

landed in a day from a vessel for which

a permit for king and Spanish mackerel

has been issued, as required under

§ 622.4(a)(2)(iv)—

(A) From April 1 through November

30, in amounts exceeding 1,500 lb (680

kg).

(B) From December 1 until 75 percent

of the adjusted quota is taken, in

amounts as follows:

(1) Mondays, Wednesdays, and

Fridays—unlimited.

(2) Tuesdays and Thursdays—not

exceeding 1,500 lb (680 kg).

(3) Saturdays and Sundays—not

exceeding 500 lb (227 kg).

(C) After 75 percent of the adjusted

quota is taken until 100 percent of the

adjusted quota is taken, in amounts not

exceeding 1,000 lb (454 kg).

(D) After 100 percent of the adjusted

quota is taken through the end of the

fishing year, in amounts not exceeding

500 lb (227 kg).

(2) For the purpose of paragraph

(b)(1)(ii) of this section, the adjusted

quota is 4.45 million lb (2.02 million

kg). The adjusted quota is the quota for

Atlantic migratory group Spanish

mackerel reduced by an amount

calculated to allow continued harvests

of Atlantic migratory group Spanish

mackerel at the rate of 500 lb (227 kg)

per vessel per day for the remainder of

the fishing year after the adjusted quota

is reached. By filing a notification with

the Office of the Federal Register, the

Assistant Administrator will announce

when 75 percent and 100 percent of the

adjusted quota is reached or is projected

to be reached.

(3) For the purpose of paragraph

(b)(1)(ii) of this section, a day starts at

6 a.m., local time, and extends for 24

hours. If a vessel terminates a trip prior

to 6 a.m., but retains Spanish mackerel

on board after that time, the Spanish

mackerel retained on board will not be

considered in possession during the

succeeding day, provided the vessel is

not underway between 6 a.m. and the

time such Spanish mackerel are

unloaded, and provided such Spanish

mackerel are unloaded prior to 6 p.m.

(c) Golden tilefish and snowy grouper.

A person who fishes in the South

Atlantic EEZ on a trip and who is not

subject to the bag limits may not exceed

the following trip limits. (See

§ 622.39(a) for applicability of the bag

limits.)

(1) Golden tilefish (round weight or

gutted weight, that is, eviscerated but

otherwise whole):
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34957

(i) Until the fishing year quota

specified in § 622.42(e)(2) is reached,

5,000 lb (2,268 kg).

(ii) After the fishing year quota

specified in § 622.42(e)(2) is reached,

300 lb (136 kg).

(2) Snowy grouper (round weight or

gutted weight, that is, eviscerated but

otherwise whole):

(i) Until the fishing year quota

specified in § 622.42(e)(1) is reached,

2,500 lb (1,134 kg).

(ii) After the fishing year quota

specified in § 622.42(e)(1) is reached,

300 lb (136 kg).

(d) Gulf wild live rock. Until the quota

for wild live rock from the Gulf EEZ is

reached in 1996, a daily vessel limit of

twenty-five 5-gallon (19–L) buckets, or

volume equivalent (16.88 ft3 (478.0 L)),

applies to the harvest or possession of

wild live rock in or from the Gulf EEZ,

regardless of the number or duration of

trips.

§ 622.45 Restrictions on sale/purchase.

In addition to restrictions on sale/

purchase related to closures, as

specified in § 622.43 (a) and (b),

restrictions on sale and/or purchase

apply as follows.

(a) Caribbean coral reef resource. (1)

No person may sell or purchase a

Caribbean prohibited coral harvested in

the Caribbean EEZ.

(2) A Caribbean prohibited coral that

is sold in Puerto Rico or the U.S. Virgin

Islands will be presumed to have been

harvested in the Caribbean EEZ, unless

it is accompanied by documentation

showing that it was harvested

elsewhere. Such documentation must

contain:

(i) The information specified in

subpart K of part 300 of this title for

marking containers or packages of fish

or wildlife that are imported, exported,

or transported in interstate commerce.

(ii) The name and home port of the

vessel, or the name and address of the

individual, harvesting the Caribbean

prohibited coral.

(iii) The port and date of landing the

Caribbean prohibited coral.

(iv) A statement signed by the person

selling the Caribbean prohibited coral

attesting that, to the best of his or her

knowledge, information, and belief,

such Caribbean prohibited coral was

harvested other than in the Caribbean

EEZ or the waters of Puerto Rico or the

U.S. Virgin Islands.

(b) Caribbean reef fish. A live red

hind or live mutton snapper in or from

the Caribbean EEZ may not be sold or

purchased and used in the marine

aquarium trade.

(c) Gulf reef fish. (1) A Gulf reef fish

harvested in the EEZ on board a vessel

that does not have a valid commercial

permit for Gulf reef fish, as required

under § 622.4(a)(2)(v), or a Gulf reef fish

possessed under the bag limits specified

in § 622.39(b), may not be sold or

purchased.

(2) A Gulf reef fish harvested on board

a vessel that has a valid commercial

permit for Gulf reef fish may be sold

only to a dealer who has a valid permit

for Gulf reef fish, as required under

§ 622.4(a)(4).

(3) A Gulf reef fish harvested in the

EEZ may be purchased by a dealer who

has a valid permit for Gulf reef fish, as

required under § 622.4(a)(4), only from

a vessel that has a valid commercial

permit for Gulf reef fish.

(d) South Atlantic snapper-grouper.

(1) A person may sell South Atlantic

snapper-grouper harvested in the EEZ

only to a dealer who has a valid permit

for South Atlantic snapper-grouper, as

required under § 622.4(a)(4).

(2) A person may purchase South

Atlantic snapper-grouper harvested in

the EEZ only from a vessel that has a

valid commercial permit for South

Atlantic snapper-grouper, as required

under § 622.4(a)(2)(iv), or from a person

who has a valid commercial license to

sell fish in the state where the purchase

occurs.

(3) Except for the sale or purchase of

South Atlantic snapper-grouper

harvested by a vessel that has a valid

commercial permit for South Atlantic

snapper-grouper, the sale or purchase of

such fish is limited to the bag limits

specified in § 622.39(d)(1).

(4) A warsaw grouper or speckled

hind in or from the South Atlantic EEZ

may not be sold or purchased.

(e) South Atlantic wild live rock. Wild

live rock in or from the South Atlantic

EEZ may not be sold or purchased. The

prohibition on sale or purchase does not

apply to wild live rock that was

harvested and landed prior to January 1,

1996.

§ 622.46 Prevention of gear conflicts.

(a) No person may knowingly place in

the Gulf EEZ 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 restrictions of the FMP for the

Shrimp Fishery of the Gulf of Mexico,

the RD may modify or establish

separation zones for shrimp trawling

and the use of fixed gear to prevent gear

conflicts. Necessary prohibitions or

restrictions will be published in the

Federal Register.

(c) In accordance with the procedures

and restrictions of the FMP for Coastal

Migratory Pelagic Resources, when the

RD determines that a conflict exists in

the king mackerel fishery between hookand-line and gillnet fishermen in the

South Atlantic EEZ off the east coast of

Florida between 27°00.6′ N. lat. and

27°50.0′ N. lat., the RD may prohibit or

restrict the use of hook-and-line and/or

gillnets in all or a portion of that area.

Necessary prohibitions or restrictions

will be published in the Federal

Register.

§ 622.47 Gulf groundfish trawl fishery.

Gulf groundfish trawl fishery means

fishing in the Gulf EEZ by a vessel that

uses a bottom trawl, the unsorted catch

of which is ground up for animal feed

or industrial products.

(a) Other provisions of this part

notwithstanding, the owner or operator

of a vessel in the Gulf groundfish trawl

fishery is exempt from the following

requirements and limitations for the

vessel’s unsorted catch of Gulf reef fish:

(1) The requirement for a valid

commercial vessel permit for Gulf reef

fish in order to sell Gulf reef fish.

(2) Minimum size limits for Gulf reef

fish.

(3) Bag limits for Gulf reef fish.

(4) The prohibition on sale of Gulf

reef fish after a quota closure.

(b) Other provisions of this part

notwithstanding, a dealer in a Gulf state

is exempt from the requirement for a

dealer permit for Gulf reef fish to

receive Gulf reef fish harvested from the

Gulf EEZ by a vessel in the Gulf

groundfish trawl fishery.

§ 622.48 Adjustment of management

measures.

In accordance with the framework

procedures of the applicable FMPs, the

RD may establish or modify the

following management measures:

(a) Caribbean coral reef resources.

Species for which management

measures may be specified; prohibited

species; harvest limitations, including

quotas, trip, or daily landing limits; gear

restrictions; closed seasons or areas; and

marine conservation districts.

(b) Caribbean reef fish. Size limits,

closed seasons or areas, fish trap mesh

size, and the threshold level for

overfishing.

(c) Coastal migratory pelagic fish. For

cobia or for migratory groups of king or

Spanish mackerel: MSY, TAC, quotas,

bag limits, size limits, vessel trip limits,

closed seasons or areas, gear

restrictions, and initial permit

requirements.

(d) Gulf reef fish. (1) For species or

species groups: Target dates for
34958 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

rebuilding overfished species, TAC, bag

limits, size limits, vessel trip limits,

closed seasons or areas, gear

restrictions, and quotas.

(2) SMZs and the gear restrictions

applicable in each.

(e) Gulf royal red shrimp. MSY, OY,

and TAC.

(f) South Atlantic snapper-grouper

and wreckfish. For species or species

groups: Target dates for rebuilding

overfished species, MSY, ABC, TAC,

quotas, trip limits, bag limits, minimum

sizes, gear restrictions (ranging from

regulation to complete prohibition), and

seasonal or area closures.

Appendix A to Part 622—Species

Tables

Table 1 of Appendix A to Part 622—

Caribbean Coral Reef Resources

I. Sponges—Phylum Porifera

A. Demosponges—Class Demospongiae

Aphimedon compressa, Erect rope sponge

Chondrilla nucula, Chicken liver sponge

Cynachirella alloclada

Geodia neptuni, Potato sponge

Haliclona sp., Finger sponge

Myriastra sp.

Niphates digitalis, Pink vase sponge

N. erecta, Lavender rope sponge

Spinosella policifera

S. vaginalis

Tethya crypta

II. Coelenterates—Phylum Coelenterata

A. Hydrocorals—Class Hydrozoa

1. Hydroids—Order Athecatae

Family Milleporidae

Millepora spp., Fire corals

Family Stylasteridae

Stylaster roseus, Rose lace corals

B. Anthozoans—Class Anthozoa

1. Soft corals—Order Alcyonacea

Family Anthothelidae

Erythropodium caribaeorum, Encrusting

gorgonian

Iciligorgia schrammi, Deepwater sea fan

Family Briaridae

Briareum asbestinum, Corky sea finger

Family Clavulariidae

Carijoa riisei

Telesto spp.

2. Gorgonian corals—Order Gorgonacea

Family Ellisellidae

Ellisella spp., Sea whips

Family Gorgoniidae

Gorgonia flabellum, Venus sea fan

G. mariae, Wide-mesh sea fan

G. ventalina, Common sea fan

Pseudopterogorgia acerosa, Sea plume

P. albatrossae

P. americana, Slimy sea plume

P. bipinnata, Bipinnate plume

P. rigida

Pterogorgia anceps, Angular sea whip

P. citrina, Yellow sea whip

Family Plexauridae

Eunicea calyculata, Warty sea rod

E. clavigera

E. fusca, Doughnut sea rod

E. knighti

E. laciniata

E. laxispica

E. mammosa, Swollen-knob

E. succinea, Shelf-knob sea rod

E. touneforti

Muricea atlantica

M. elongata, Orange spiny rod

M. laxa, Delicate spiny rod

M. muricata, Spiny sea fan

M. pinnata, Long spine sea fan

Muriceopsis sp.

M. flavida, Rough sea plume

M. sulphurea

Plexaura flexuosa, Bent sea rod

P. homomalla, Black sea rod

Plexaurella dichotoma, Slit-pore sea rod

P. fusifera

P. grandiflora

P. grisea

P. nutans, Giant slit-pore

Pseudoplexaura crucis

P. flagellosa

P. porosa, Porous sea rod

P. wagenaari

3. Hard Corals—Order Scleractinia

Family Acroporidae

Acropora cervicornis, Staghorn coral

A. palmata, Elkhorn coral

A. prolifera, Fused staghorn

Family Agaricidae

Agaricia agaricities, Lettuce leaf coral

A. fragilis, Fragile saucer

A. lamarcki, Lamarck’s sheet

A. tenuifolia, Thin leaf lettuce

Leptoseris cucullata, Sunray lettuce

Family Astrocoeniidae

Stephanocoenia michelinii, Blushing star

Family Caryophyllidae

Eusmilia fastigiata, Flower coral

Tubastrea aurea, Cup coral

Family Faviidae

Cladocora arbuscula, Tube coral

Colpophyllia natans, Boulder coral

Diploria clivosa, Knobby brain coral

D. labyrinthiformis, Grooved brain

D. strigosa, Symmetrical brain

Favia fragum, Golfball coral

Manicina areolata, Rose coral

M. mayori, Tortugas rose coral

Montastrea annularis, Boulder star coral

M. cavernosa, Great star coral

Solenastrea bournoni, Smooth star coral

Family Meandrinidae

Dendrogyra cylindrus, Pillar coral

Dichocoenia stellaris, Pancake star

D. stokesi, Elliptical star

Meandrina meandrites, Maze coral

Family Mussidae

Isophyllastrea rigida, Rough star coral

Isophyllia sinuosa, Sinuous cactus

Mussa angulosa, Large flower coral

Mycetophyllia aliciae, Thin fungus coral

M. danae, Fat fungus coral

M. ferox, Grooved fungus

M. lamarckiana, Fungus coral

Scolymia cubensis, Artichoke coral

S. lacera, Solitary disk

Family Oculinidae

Oculina diffusa, Ivory bush coral

Family Pocilloporidae

Madracis decactis, Ten-ray star coral

M. mirabilis, Yellow pencil

Family Poritidae

Porites astreoides, Mustard hill coral

P. branneri, Blue crust coral

P. divaricata, Small finger coral

P. porites, Finger coral

Family Rhizangiidae

Astrangia solitaria, Dwarf cup coral

Phyllangia americana, Hidden cup coral

Family Siderastreidae

Siderastrea radians, Lesser starlet

S. siderea, Massive starlet

4. Black Corals—Order Antipatharia

Antipathes spp., Bushy black coral

Stichopathes spp., Wire coral

5. Anemones—Order Actiniaria

Aiptasia tagetes, Pale anemone

Bartholomea annulata, Corkscrew

anemone

Condylactis gigantea, Giant pink-tipped

anemone

Hereractis lucida, Knobby anemone

Lebrunia spp., Staghorn anemone

Stichodactyla helianthus, Sun anemone

6. Colonial Anemones—Order Zoanthidea

Zoanthus spp., Sea mat

7. False Corals—Order Corallimorpharia

Discosoma spp. (formerly Rhodactis), False

coral

Ricordia florida, Florida false coral

III. Annelid Worms—Phylum Annelida

A. Polychaetes—Class Polychaeta

Family Sabellidae, Feather duster worms

Sabellastarte spp., Tube worms

S. magnifica, Magnificent duster

Family Serpulidae

Spirobranchus giganteus, Christmas tree

worm

IV. Mollusks—Phylum Mollusca

A. Gastropods—Class Gastropoda

Family Elysiidae

Tridachia crispata, Lettuce sea slug

Family Olividae

Oliva reticularis, Netted olive

Family Ovulidae

Cyphoma gibbosum, Flamingo tongue

Family Ranellidae

Charonia tritonis, Atlantic triton trumpet

Family Strombidae, Winged conchs

Strombus spp. (except Queen conch, S.

gigas)

B. Bivalves—Class Bivalvia

Family Limidae

Lima spp., Fileclams

L. scabra, Rough fileclam

Family Spondylidae

Spondylus americanus, Atlantic thorny

oyster

C. Cephalopods—Class Cephalopoda

1. Octopuses—Order Octopoda

Family Octopodidae

Octopus spp. (except the Common octopus,

O. vulgaris)

V. Arthropods—Phylum Arthropoda

A. Crustaceans—Subphylum Crustacea

1. Decapods—Order Decapoda

Family Alpheidae

Alpheaus armatus, Snapping shrimp

Family Diogenidae

Paguristes spp., Hermit crabs

P. cadenati, Red reef hermit

Family Grapsidae

Percnon gibbesi, Nimble spray crab

Family Hippolytidae

Lysmata spp., Peppermint shrimp

Thor amboinensis, Anemone shrimp

Family Majidae, Coral crabs

Mithrax spp., Clinging crabs

M. cinctimanus, Banded clinging

M. sculptus, Green clinging

Stenorhynchus seticornis, Yellowline

arrow

Family Palaemonida

Periclimenes spp., Cleaner shrimp
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34959

Family Squillidae, Mantis crabs

Gonodactylus spp.

Lysiosquilla spp.

Family Stenopodidae, Coral shrimp

Stenopus hispidus, Banded shrimp

S. scutellatus, Golden shrimp

VI. Bryozoans—Phylum Bryozoa

VII. Echinoderms—Phylum Echinodermata

A. Feather stars—Class Crinoidea

Analcidometra armata, Swimming crinoid

Davidaster spp., Crinoids

Nemaster spp., Crinoids

B. Sea stars—Class Asteroidea

Astropecten spp., Sand stars

Linckia guildingii, Common comet star

Ophidiaster guildingii, Comet star

Oreaster reticulatus, Cushion sea star

C. Brittle and basket stars—Class

Ophiuroidea

Astrophyton muricatum, Giant basket star

Ophiocoma spp., Brittlestars

Ophioderma spp., Brittlestars

O. rubicundum, Ruby brittlestar

D. Sea Urchins—Class Echinoidea

Diadema antillarum, Long-spined urchin

Echinometra spp., Purple urchin

Eucidaris tribuloides, Pencil urchin

Lytechinus spp., Pin cushion urchin

Tripneustes ventricosus, Sea egg

E. Sea Cucumbers—Class Holothuroidea

Holothuria spp., Sea cucumbers

VIII. Chordates—Phylum Chordata

A. Tunicates—Subphylum Urochordata

IX. Green Algae—Phylum Chlorophyta

Caulerpa spp., Green grape algae

Halimeda spp., Watercress algae

Penicillus spp., Neptune’s brush

Udotea spp., Mermaid’s fan

Ventricaria ventricosa, Sea pearls

X. Red Algae—Phylum Rhodophyta

XI. Sea grasses—Phylum Angiospermae

Halodule wrightii, Shoal grass

Halophila spp., Sea vines

Ruppia maritima, Widgeon grass

Syringodium filiforme, Manatee grass

Thalassia testudium, Turtle grass

Table 2 of Appendix A to Part 622—

Caribbean Reef Fish

Acanthuridae—Surgeonfishes

Ocean surgeonfish, Acanthurus bahianus

Doctorfish, Acanthurus chirurgus

Blue tang, Acanthurus coeruleus

Antennariidae—Frogfishes

Frogfish, Antennarius spp.

Apogonidae—Cardinalfishes

Flamefish, Apogon maculatus

Conchfish, Astrapogen stellatus

Aulostomidae—Trumpetfishes

Trumpetfish, Aulostomus maculatus

Balistidae—Leatherjackets

Scrawled filefish, Aluterus scriptus

Queen triggerfish, Balistes vetula

Whitespotted filefish, Cantherhines

macrocerus

Ocean triggerfish, Canthidermis sufflamen

Black durgon, Melichthys niger

Sargassum triggerfish, Xanthichthys rigens

Blenniidae—Combtooth blennies

Redlip blenny, Ophioblennius atlanticus

Bothidae—Lefteye flounders

Peacock flounder, Bothus lunatus

Carangidae—Jacks

Yellow jack, Caranx bartholomaei

Blue runner, Caranx crysos

Horse-eye jack, Caranx latus

Black jack, Caranx lugubris

Bar jack, Caranx ruber

Greater amberjack, Seriola dumerili

Almaco jack, Seriola rivoliana

Chaetodontidae—Butterflyfishes

Longsnout butterflyfish, Chaetodon

aculeatus

Foureye butterflyfish, Chaetodon

capistratus

Spotfin butterflyfish, Chaetodon ocellatus

Banded butterflyfish, Chaetodon striatus

Cirrhitidae—Hawkfishes

Redspotted hawkfish, Amblycirrhitus pinos

Dactylopteridae—Flying gurnards

Flying gurnard, Dactylopterus volitans

Ephippidae—Spadefishes

Atlantic spadefish, Chaetodipterus faber

Gobiidae—Gobies

Neon goby, Gobiosoma oceanops

Rusty goby, Priolepis hipoliti

Grammatidae—Basslets

Royal gramma, Gramma loreto

Haemulidae—Grunts

Porkfish, Anisotremus virginicus

Margate, Haemulon album

Tomtate, Haemulon aurolineatum

French grunt, Haemulon flavolineatum

White grunt, Haemulon plumieri

Bluestriped grunt, Haemulon sciurus

Holocentridae—Squirrelfishes

Squirrelfish, Holocentrus adscensionis

Longspine squirrelfish, Holocentrus rufus

Blackbar soldierfish, Myripristis jacobus

Cardinal soldierfish, Plectrypops

retrospinis

Labridae—Wrasses

Spanish hogfish, Bodianus rufus

Creole wrasse, Clepticus parrae

Yellowcheek wrasse, Halichoeres

cyanocephalus

Yellowhead wrasse, Halichoeres garnoti

Clown wrasse, Halichoeres maculipinna

Puddingwife, Halichoeres radiatus

Pearly razorfish, Hemipteronotus novacula

Green razorfish, Hemipteronotus splendens

Hogfish, Lachnolaimus maximus

Bluehead wrasse, Thalassoma bifasciatum

Lutjanidae—Snappers

Black snapper, Apsilus dentatus

Queen snapper, Etelis oculatus

Mutton snapper, Lutjanus analis

Schoolmaster, Lutjanus apodus

Blackfin snapper, Lutjanus buccanella

Gray snapper, Lutjanus griseus

Dog snapper, Lutjanus jocu

Mahogany snapper, Lutjanus mahogani

Lane snapper, Lutjanus synagris

Silk snapper, Lutjanus vivanus

Yellowtail snapper, Ocyurus chrysurus

Wenchman, Pristipomoides aquilonaris

Vermilion snapper, Rhomboplites

aurorubens

Malacanthidae—Tilefishes

Blackline tilefish, Caulolatilus cyanops

Sand tilefish, Malacanthus plumieri

Mullidae—Goatfishes

Yellow goatfish, Mulloidichthys martinicus

Spotted goatfish, Pseudupeneus maculatus

Muraenidae—Morays

Chain moray, Echidna catenata

Green moray, Gymnothorax funebris

Goldentail moray, Gymnothorax miliaris

Ogcocephalidae—Batfishes

Batfish, Ogcocepahalus spp.

Ophichthidae—Snake eels

Goldspotted eel, Myrichthys ocellatus

Opistognathidae—Jawfishes

Yellowhead jawfish, Opistognathus

aurifrons

Dusky jawfish, Opistognathus whitehursti

Ostraciidae—Boxfishes

Spotted trunkfish, Lactophrys bicaudalis

Honeycomb cowfish, Lactophrys polygonia

Scrawled cowfish, Lactophrys quadricornis

Trunkfish, Lactophrys trigonus

Smooth trunkfish, Lactophrys triqueter

Pomacanthidae—Angelfishes

Cherubfish, Centropyge argi

Queen angelfish, Holacanthus ciliaris

Rock beauty, Holacanthus tricolor

Gray angelfish, Pomacanthus arcuatus

French angelfish, Pomacanthus paru

Pomacentridae—Damselfishes

Sergeant major, Abudefduf saxatilis

Blue chromis, Chromis cyanea

Sunshinefish, Chromis insolata

Yellowtail damselfish, Microspathodon

chrysurus

Dusky damselfish, Pomacentrus fuscus

Beaugregory, Pomacentrus leucostictus

Bicolor damselfish, Pomacentrus partitus

Threespot damselfish, Pomacentrus

planifrons

Priacanthidae—Bigeyes

Bigeye, Priacanthus arenatus

Glasseye snapper, Priacanthus cruentatus

Scaridae—Parrotfishes

Midnight parrotfish, Scarus coelestinus

Blue parrotfish, Scarus coeruleus

Striped parrotfish, Scarus croicensis

Rainbow parrotfish, Scarus guacamaia

Princess parrotfish, Scarus taeniopterus

Queen parrotfish, Scarus vetula

Redband parrotfish, Sparisoma

aurofrenatum

Redtail parrotfish, Sparisoma

chrysopterum

Redfin parrotfish, Sparisoma rubripinne

Stoplight parrotfish, Sparisoma viride

Sciaenidae—Drums

High-hat, Equetus acuminatus

Jackknife-fish, Equetus lanceolatus

Spotted drum, Equetus punctatus

Scorpaenidae—Scorpionfishes

Serranidae—Sea basses

Rock hind, Epinephelus adscensionis

Graysby, Epinephelus cruentatus

Yellowedge grouper, Epinephelus

flavolimbatus

Coney, Epinephelus fulvus

Red hind, Epinephelus guttatus

Jewfish, Epinephelus itajara

Red grouper, Epinephelus morio

Misty grouper, Epinephelus mystacinus

Nassau Grouper, Epinephelus striatus

Butter hamlet, Hypoplectrus unicolor

Swissguard basslet, Liopropoma rubre

Yellowfin grouper, Mycteroperca venenosa

Tiger grouper, Mycteroperca tigris

Creole-fish, Paranthias furcifer

Greater soapfish, Rypticus saponaceus

Orangeback bass, Serranus annularis

Lantern bass, Serranus baldwini

Tobaccofish, Serranus tabacarius

Harlequin bass, Serranus tigrinus

Chalk bass, Serranus tortugarum

Soleidae—Soles

Caribbean tonguefish, Symphurus arawak

Sparidae—Porgies

Sea bream, Archosargus rhomboidalis

Jolthead porgy, Calamus bajonado

Sheepshead porgy, Calamus penna

Pluma, Calamus pennatula

Syngnathidae—Pipefishes
34960 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Seahorses, Hippocampus spp.

Pipefishes, Syngnathus spp.

Synodontidae—Lizardfishes

Sand diver, Synodus intermedius

Tetraodontidae—Puffers

Sharpnose puffer, Canthigaster rostrata

Porcupinefish, Diodon hystrix

Table 3 of Appendix A to Part 622—Gulf

Reef Fish

Balistidae—Triggerfishes

Gray triggerfish, Balistes capriscus

Queen triggerfish, Balistes vetula

Carangidae—Jacks

Greater amberjack, Seriola dumerili

Lesser amberjack, Seriola fasciata

Almaco jack, Seriola rivoliana

Banded rudderfish, Seriola zonata

Haemulidae—Grunts

Tomtate, Haemulon aurolineatum

White grunt, Haemulon plumieri

Pigfish, Orthopristis chrysoptera

Labridae—Wrasses

Hogfish, Lachnolaimus maximus

Lutjanidae—Snappers

Queen snapper, Etelis oculatus

Mutton snapper, Lutjanus analis

Schoolmaster, Lutjanus apodus

Blackfin snapper, Lutjanus buccanella

Red snapper, Lutjanus campechanus

Cubera snapper, Lutjanus cyanopterus

Gray (mangrove) snapper, Lutjanus griseus

Dog snapper, Lutjanus jocu

Mahogany snapper, Lutjanus mahogoni

Lane snapper, Lutjanus synagris

Silk snapper, Lutjanus vivanus

Yellowtail snapper, Ocyurus chrysurus

Wenchman, Pristipomoides aquilonaris

Vermilion snapper, Rhomboplites

aurorubens

Malacanthidae—Tilefishes

Goldface tilefish, Caulolatilus chrysops

Blackline tilefish, Caulolatilus cyanops

Anchor tilefish, Caulolatilus intermedius

Blueline tilefish, Caulolatilus microps

Tilefish, Lopholatilus chamaeleonticeps

Serranidae—Sea Basses and Groupers

Bank sea bass, Centropristis ocyurus

Rock sea bass, Centropristis philadelphica

Black sea bass, Centropristis striata

Dwarf sand perch, Diplectrum bivittatum

Sand perch, Diplectrum formosum

Rock hind, Epinephelus adscensionis

Speckled hind, Epinephelus

drummondhayi

Yellowedge grouper, Epinephelus

flavolimbatus

Red hind, Epinephelus guttatus

Jewfish, Epinephelus itajara

Red grouper, Epinephelus morio

Misty grouper, Epinephelus mystacinus

Warsaw grouper, Epinephelus nigritus

Snowy grouper, Epinephelus niveatus

Nassau grouper, Epinephelus striatus

Black grouper, Mycteroperca bonaci

Yellowmouth grouper, Mycteroperca

interstitialis

Gag, Mycteroperca microlepis

Scamp, Mycteroperca phenax

Yellowfin grouper, Mycteroperca venenosa

Sparidae—Porgies

Grass porgy, Calamus arctifrons

Jolthead porgy, Calamus bajonado

Knobbed porgy, Calamus nodosus

Littlehead porgy, Calamus proridens

Pinfish, Lagodon rhomboides

Red porgy, Pagrus

Table 4 of Appendix A to Part 622—South

Atlantic Snapper-Grouper

Balistidae—Triggerfishes

Gray triggerfish, Balistes capriscus

Queen triggerfish, Balistes vetula

Ocean triggerfish, Canthidermis sufflamen

Carangidae—Jacks

Yellow jack, Caranx bartholomaei

Blue runner, Caranx crysos

Crevalle jack, Caranx hippos

Bar jack, Caranx ruber

Greater amberjack, Seriola dumerili

Lesser amberjack, Seriola fasciata

Almaco jack, Seriola rivoliana

Banded rudderfish, Seriola zonata

Ephippidae—Spadefishes

Spadefish, Chaetodipterus faber

Haemulidae—Grunts

Black margate, Anisotremus surinamensis

Porkfish, Anisotremus virginicus

Margate, Haemulon album

Tomtate, Haemulon aurolineatum

Smallmouth grunt, Haemulon

chrysargyreum

French grunt, Haemulon flavolineatum

Spanish grunt, Haemulon macrostomum

Cottonwick, Haemulon melanurum

Sailors choice, Haemulon parrai

White grunt, Haemulon plumieri

Blue stripe grunt, Haemulon sciurus

Labridae—Wrasses

Hogfish, Lachnolaimus maximus

Puddingwife, Halichoeres radiatus

Lutjanidae—Snappers

Black snapper, Apsilus dentatus

Queen snapper, Etelis oculatus

Mutton snapper, Lutjanus analis

Schoolmaster, Lutjanus apodus

Blackfin snapper, Lutjanus buccanella

Red snapper, Lutjanus campechanus

Cubera snapper, Lutjanus cyanopterus

Gray snapper, Lutjanus griseus

Mahogany snapper, Lutjanus mahogoni

Dog snapper, Lutjanus jocu

Lane snapper, Lutjanus synagris

Silk snapper, Lutjanus vivanus

Yellowtail snapper, Ocyurus chrysurus

Vermilion snapper, Rhomboplites

aurorubens

Malacanthidae—Tilefishes

Blueline tilefish, Caulolatilus microps

Golden tilefish, Lopholatilus

chamaeleonticeps

Sand tilefish, Malacanthus plumieri

Percichthyidae—Temperate basses

Wreckfish, Polyprion americanus

Serranidae—Sea Basses and Groupers

Bank sea bass, Centropristis ocyurus

Rock sea bass, Centropristis philadelphica

Black sea bass, Centropristis striata

Rock hind, Epinephelus adscensionis

Graysby, Epinephelus cruentatus

Speckled hind, Epinephelus

drummondhayi

Yellowedge grouper, Epinephelus

flavolimbatus

Coney, Epinephelus fulvus

Red hind, Epinephelus guttatus

Jewfish, Epinephelus itajara

Red grouper, Epinephelus morio

Misty grouper, Epinephelus mystacinus

Warsaw grouper, Epinephelus nigritus

Snowy grouper, Epinephelus niveatus

Nassau grouper, Epinephelus striatus

Black grouper, Mycteroperca bonaci

Yellowmouth grouper, Mycteroperca

interstitialis

Gag, Mycteroperca microlepis

Scamp, Mycteroperca phenax

Tiger grouper, Mycteroperca tigris

Yellowfin grouper, Mycteroperca venenosa

Sparidae—Porgies

Sheepshead, Archosargus probatocephalus

Grass porgy, Calamus arctifrons

Jolthead porgy, Calamus bajonado

Saucereye porgy, Calamus

Whitebone porgy, Calamus leucosteus

Knobbed porgy, Calamus nodosus

Red porgy, Pagrus

Longspine porgy, Stenotomus caprinus

Scup, Stenotomus chrysops

Appendix B to Part 622—Gulf Areas

TABLE 1 OF APPENDIX B TO PART 622.—SEAWARD COORDINATES OF THE LONGLINE AND BUOY GEAR RESTRICTED AREA

Point No. and reference location 1 North lat. West long.

1 Seaward limit of Florida’s waters north of Dry Tortugas ..................................................................... 24°48.0′ 82°48.0′

2 North of Rebecca Shoal ....................................................................................................................... 25°07.5′ 82°34.0′

3 Off Sanibel Island—Offshore ................................................................................................................ 26°26.0′ 82°59.0′

4 West of Egmont Key ............................................................................................................................ 27°30.0′ 83°21.5′

5 Off Anclote Keys—Offshore ................................................................................................................. 28°10.0′ 83°45.0′

6 Southeast corner of Florida Middle Ground ......................................................................................... 28°11.0′ 84°00.0′

7 Southwest corner of Florida Middle Ground ........................................................................................ 28°11.0′ 84°07.0′

8 West corner of Florida Middle Ground ................................................................................................. 28°26.6′ 84°24.8′

9 Northwest corner of Florida Middle Ground ......................................................................................... 28°42.5′ 84°24.8′

10 South of Carrabelle .............................................................................................................................. 29°05.0′ 84°47.0′

11 South of Cape St. George .................................................................................................................... 29°02.5′ 85°09.0′

12 South of Cape San Blas lighted bell buoy—20 fathoms ..................................................................... 29°21.0′ 85°30.0′
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34961

TABLE 1 OF APPENDIX B TO PART 622.—SEAWARD COORDINATES OF THE LONGLINE AND BUOY GEAR RESTRICTED AREA—

Continued

Point No. and reference location 1 North lat. West long.

13 South of Cape San Blas lighted bell buoy—50 fathoms ..................................................................... 28°58.7′ 85°30.0′

14 De Soto Canyon ................................................................................................................................... 30°06.0′ 86°55.0′

15 South of Pensacola .............................................................................................................................. 29°46.0′ 87°19.0′

16 South of Perdido Bay ........................................................................................................................... 29°29.0′ 87°27.5′

17 East of North Pass of the Mississippi River ......................................................................................... 29°14.5′ 88°28.0′

18 South of Southwest Pass of the Mississippi River .............................................................................. 28°46.5′ 89°26.0′

19 Northwest tip of Mississippi Canyon .................................................................................................... 28°38.5′ 90°08.5′

20 West side of Mississippi Canyon ......................................................................................................... 28°34.5′ 89°59.5′

21 South of Timbalier Bay ......................................................................................................................... 28°22.5′ 90°02.5′

22 South of Terrebonne Bay ..................................................................................................................... 28°10.5′ 90°31.5′

23 South of Freeport ................................................................................................................................. 27°58.0′ 95°00.0′

24 Off Matagorda Island ............................................................................................................................ 27°43.0′ 96°02.0′

25 Off Aransas Pass ................................................................................................................................. 27°30.0′ 96°23.5′

26 Northeast of Port Mansfield .................................................................................................................. 27°00.0′ 96°39.0′

27 East of Port Mansfield .......................................................................................................................... 26°44.0′ 96°37.5′

28 Northeast of Port Isabel ....................................................................................................................... 26°22.0′ 96°21.0′

29 U.S./Mexico EEZ boundary .................................................................................................................. 26°00.5′ 96°24.5′

Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas’ waters.

1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.

TABLE 2 OF APPENDIX B TO PART 622.—SEAWARD COORDINATES OF THE STRESSED AREA

Point No. and reference location 1 North lat. West long.

1 Seaward limit of Florida’s waters northeast of Dry Tortugas ................................................................. 24°45.5′ 82°41.5′

2 North of Marquesas Keys ....................................................................................................................... 24°48.0′ 82°06.5′

3 Off Cape Sable ....................................................................................................................................... 25°15.0′ 82°02.0′

4 Off Sanibel Island—Inshore ................................................................................................................... 26°26.0′ 82°29.0′

5 Off Sanibel Island—Offshore .................................................................................................................. 26°26.0′ 82°59.0′

6 West of Egmont Key .............................................................................................................................. 27°30.0′ 83°21.5′

7 Off Anclote Keys—Offshore ................................................................................................................... 28°10.0′ 83°45.0′

8 Off Anclote Keys—Inshore ..................................................................................................................... 28°10.0′ 83°14.0′

9 Off Deadman Bay ................................................................................................................................... 29°38.0′ 84°00.0′

10 Seaward limit of Florida’s waters east of Cape St. George ................................................................ 29°35.5′ 84°38.6′

Thence westerly along the seaward limit of Florida’s waters to:

11 Seaward limit of Florida’s waters south of Cape San Blas ................................................................. 29°32.2′ 85°27.1′

12 Southwest of Cape San Blas ............................................................................................................... 29°30.5′ 85°52.0′

13 Off St. Andrew Bay ............................................................................................................................... 29°53.0′ 86°10.0′

14 De Soto Canyon ................................................................................................................................... 30°06.0′ 86°55.0′

15 South of Florida/Alabama border ......................................................................................................... 29°34.5′ 87°38.0′

16 Off Mobile Bay ...................................................................................................................................... 29°41.0′ 88°00.0′

17 South of Alabama/Mississippi border ................................................................................................... 30°01.5′ 88°23.7′

18 Horn/Chandeleur Islands ...................................................................................................................... 30°01.5′ 88°40.5′

19 Chandeleur Islands ............................................................................................................................... 29°35.5′ 88°37.0′

20 Seaward limit of Louisiana’s waters off North Pass of the Mississippi River ...................................... 29°16.3′ 89°00.0′

Thence southerly and westerly along the seaward limit of Louisiana’s waters to:

21 Seaward limit of Louisiana’s waters off Southwest Pass of the Mississippi River .............................. 28°57.3′ 89°28.2′

22 Southeast of Grand Isle ....................................................................................................................... 29°09.0′ 89°47.0′

23 Quick flashing horn buoy south of Isles Dernieres .............................................................................. 28°32.5′ 90°42.0′

24 Southeast of Calcasieu Pass ............................................................................................................... 29°10.0′ 92°37.0′

25 South of Sabine Pass—10 fathoms ..................................................................................................... 29°09.0′ 93°41.0′

26 South of Sabine Pass—30 fathoms ..................................................................................................... 28°21.5′ 93°28.0′

27 East of Aransas Pass ........................................................................................................................... 27°49.0′ 96°19.5′

28 East of Baffin Bay ................................................................................................................................. 27°12.0′ 96°51.0′

29 Northeast of Port Mansfield .................................................................................................................. 26°46.5′ 96°52.0′

30 Northeast of Port Isabel ....................................................................................................................... 26°21.5′ 96°35.0′

31 U.S./Mexico EEZ boundary .................................................................................................................. 26°00.5′ 96°36.0′

Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas’ waters.

1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.

BILLING CODE 3510–22–W
34962 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Appendix C to Part 622—Fish Length Measurements

Figure 1 of Appendix C to Part 622—Carapace Length
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34963
34964 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

PARTS 638, 641, 642, 645, 646, 647,

653, 658, 659, 669, AND 670—

[REMOVED]

4. Under the authority of 16 U.S.C.

1801 et seq., parts 638, 641, 642, 645,

646, 647, 653, 658, 659, 669, and 670 are

removed.

[FR Doc. 96–16254 Filed 7–1–96; 8:45 am]

BILLING CODE 3510–22–M