46806 Federal Register / Vol. 60, No. 174 / Friday, September 8, 1995 / Proposed Rules

ADDRESSES: Interested parties should List of Subjects in 48 CFR Part 225 permits, where they exist, do not satisfy submit written comments to: Defense Government procurement. the requirements of the Administrative Acquisition Regulations Council, Attn: Procedure Act, the Magnuson Fishery Michele P. Peterson, Ms. Amy Williams, PDUSD (A&T) DP Conservation and Management Act (DAR), IMD 3D139, 3062 Defense Executive Editor, Defense Acquisition (Magnuson Act), and other applicable Regulations Council. Pentagon, Washington, DC 20301–3062. laws. The proposed rule would Telefax number (703) 602–0350. Please Therefore, 48 CFR Part 225 is implement the remaining measures in cite DFARS Case 95–D022 in all proposed to be amended as follows: the FMP. The intended effect is to correspondence related to this issue. protect important marine resources. PART 225ÐFOREIGN ACQUISITION FOR FURTHER INFORMATION CONTACT: DATES: Written comments must be Ms. Amy Williams, (703) 602–0131. 1. The authority citation for 48 CFR received on or before October 16, 1995. ADDRESSES: SUPPLEMENTARY INFORMATION: Part 225 continues to read as follows: Comments on the proposed rule must be sent to the Southeast A. Background Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. Regional Office, NMFS, 9721 Executive This proposed rule amends language Center Drive N., St. Petersburg, FL 2. Section 225.402 is amended by in the Defense Federal Acquisition 33702. revising paragraph (a) to read as follows: Regulation Supplement (DFARS) to Requests for copies of the FMP, which change the valuation basis for the 225.402 Policy. includes a regulatory impact review and an environmental impact statement, purpose of meeting thresholds under the (a) To estimate the value of the should be sent to the Caribbean Fishery North American Free Trade Agreement acquisition, use the total estimated Management Council, 268 Mun˜ oz (NAFTA) and the Trade Agreements Act value of end products subject to trade Rivera Avenue, Suite 1108, San Juan, PR (TAA) to the estimated combined value agreement acts (see 225.403–70). 00918-2577. of all line items subject to the acts, (1) See 225.105 for evaluation of rather than valuing each line item Comments regarding the collection-of- eligible products and U.S. made end information requirement contained in separately. The purpose of the change is products. to comply with the requirements of this proposed rule should be sent to * * * * * NAFTA. For consistency, since all Edward E. Burgess, Southeast Regional acquisitions subject to the Trade [FR Doc. 95–22167 Filed 9–7–95; 8:45 am] Office, NMFS, 9721 Executive Center Agreements Act are also subject to BILLING CODE 5000±04±M Drive N., St. Petersburg, FL 33702, and NAFTA, this valuation method is made to the Office of Information and applicable to the Trade Agreements Act Regulatory Affairs, Office of threshold as well. DEPARTMENT OF COMMERCE Management and Budget (OMB), Washington, DC 20503 (Attention: B. Regulatory Flexibility Act National Oceanic and Atmospheric NOAA Desk Officer). The proposed rule may have a Administration FOR FURTHER INFORMATION CONTACT: significant economic impact on a Georgia Cranmore, 813-570-5305. 50 CFR Part 670 substantial number of small entities SUPPLEMENTARY INFORMATION: The FMP within the meaning of the Regulatory [Docket No. 950825218±5218±01; I.D. was prepared by the Caribbean Fishery Flexibility Act, 5 U.S.C. 601, et seq., 073195A] Management Council (Council) under because the proposed rule changes the RIN 0648±AE47 the authority of the Magnuson Act. valuation method used by contracting Background officers to determine whether a Coral Reef Resources of Puerto Rico procurement is subject to a trade and the U.S. Virgin Islands; Initial The FMP addresses corals and reef- agreement. The proposed rule will not Regulations associated plants and invertebrates diminish existing preferences for small (coral reef resources) in the waters of the businesses because purchases under AGENCY: National Marine Fisheries Commonwealth of Puerto Rico and the small and small disadvantaged business Service (NMFS), National Oceanic and Territory of the U.S. Virgin Islands preference programs are exempted from Atmospheric Administration (NOAA), (states) and the waters of the adjoining the trade agreements. An initial Commerce. EEZ. The proposed regulations would Regulatory Flexibility Analysis has been ACTION: Proposed rule; request for govern conservation and management of prepared and may be obtained from the comments. coral reef resources in or from the address stated herein. Comments are adjoining EEZ. The FMP was developed invited from small businesses and other SUMMARY: NMFS issues this proposed to address general concern for the interested parties. Comments form small rule to implement the Fishery effects of man’s activities on coral reef entities concerning the affected subpart Management Plan for Corals and Reef resources, including pollution resulting will be considered in accordance with Associated Plants and Invertebrates of from coastal development, and the new Section 610 of the Act. Such comments Puerto Rico and the U.S. Virgin Islands and rapidly expanding fishery for the must be submitted separately and cite (FMP). This rule proposes restrictions marine aquarium industry, especially in DFARS Case 95–D022 in on the taking of coral reef resources in Puerto Rico. correspondence. or from the exclusive economic zone The waters off Puerto Rico could (EEZ) around Puerto Rico and the U.S. become the principal source of live C. Paperwork Reduction Act Virgin Islands. NMFS, based on a coral reef resources for the U.S. marine This rule does not impose any preliminary evaluation of the FMP, has aquarium market, because other areas of additional information collection disapproved two measures involving the the Caribbean and Florida have requirements which require the adoption of state permit and reporting restricted commercial harvest approval of the Office of Management requirements because the state permit operations by gear regulations and some and Budget under 44 U.S.C. 3501, et systems are not yet fully developed, and quotas. The Council is concerned about seq. the state regulations authorizing these the potential impacts of the aquarium Federal Register / Vol. 60, No. 174 / Friday, September 8, 1995 / Proposed Rules 46807 fishery on targeted organisms and the no coral heads, or other reef habitats, are prohibited. To put a limitation on sale reef habitat where they are collected, overturned or otherwise disturbed into effect, it is necessary to be able to because of increasing demand and during harvest to allow access to distinguish between prohibited species current harvesting methods, including targeted organisms sheltered beneath from the EEZ or adjoining state waters the use of chemicals and the removal of them. The proposed gear restrictions are and prohibited species harvested substrate. not expected to adversely affect elsewhere and imported for sale in The Council has noted the current experienced harvesters of coral reef Puerto Rico or the U.S. Virgin Islands. rate of degradation of coral reef resources. The restrictions are designed Such distinction cannot be made by resources, their limited distribution and to allow the harvest of these species appearance or test. Accordingly, the the consequent potential for without bycatch or increased capture FMP proposes that a species prohibited overexploitation, and the growing mortality. for sale in Puerto Rico or the U.S. Virgin demand for reef-associated invertebrates Islands will be presumed to have been Protected Species for aquariums. The FMP, in association harvested from the EEZ or from with corresponding state laws, is Current scientific research indicates adjoining state waters unless it is expected to provide consistent that corals and live rock are relatively accompanied by documentation protection for coral reef resources slow-growing and may be considered showing that it was harvested throughout the U.S. Caribbean. nonrenewable fishery resources. elsewhere. The FMP proposes to: (1) Prohibit the Although certain of the soft coral The proposed documentation of use of chemicals, plants, plant-derived species, such as gorgonians, are faster- having been harvested elsewhere would toxins, and explosives to take coral reef growing, the Council determined that consist of (1) information specified in 50 resources in the EEZ; (2) limit allowable there are insufficient data on growth CFR Part 246 for marking containers or harvest in the EEZ to dip nets and slurp and replacement rates to propose safe packages of organisms that are guns or by hand; and (3) prohibit the harvest levels for these species. imported, exported, or transported in possession or sale of stony corals, Consequently, the FMP proposes a interstate commerce; (2) the name and gorgonians, and live rock (prohibited prohibition on taking: (1) Stony coral, home port of the vessel or the name and species) taken from the EEZ. which includes fire corals, hydrocorals, address of the individual harvesting the Additionally, the FMP proposes the and black corals; (2) gorgonians, prohibited species; (3) the date and port adoption of state permit systems for including sea fans; and (3) live rock, of landing of the species; and (4) a harvesters and dealers of coral reef except when such taking can be statement signed by the person holding resources and for the taking of authorized for scientific, educational, or the prohibited species for sale attesting prohibited species for scientific, restoration purposes. Live rock means that, to the best of his or her knowledge, educational, or restoration purposes. coral reef resources attached to a hard information and belief, the species was However, these portions of the FMP are substrate, including dead coral or rock. harvested from an area other than the being disapproved because the state Live rock is collected by scuba divers EEZ or adjoining state waters. If permit systems for coral reef resources and sold to the marine aquarium approved, the requirement for are not yet fully developed and state industry for use in minireef tanks. documentation of prohibited species regulations authorizing such permits, NMFS will continue to monitor relevant that were harvested elsewhere would where the regulations exist, do not meet scientific data and will revisit the issue become effective approximately 3 the requirements of the Administrative if and when the data show that these months after publication of the final Procedure Act, the Magnuson Act and corals may be sustainably harvested. rule implementing the FMP. Thus, other applicable laws, as discussed Current harvest of stony coral in the dealers would have a period during below. U.S. Caribbean appears to be negligible. which they could sell existing stocks or However, pressure to exploit gorgonians obtain the required documentation. Gear Restrictions and live rock is expected to grow A ban on the use of chemicals and rapidly as market demand for live Permit Requirements/Partial explosives to take coral reef resources, marine invertebrates increases and as Disapproval of the FMP and the specification of hand-held slurp regulations elsewhere (e.g., Florida) Because most of the fishery for coral guns and dip nets as the only allowable become increasingly restrictive. In reef resources occurs in state waters, the gear, are designed to increase survival of Puerto Rico, about 40 individuals FMP anticipates that permits for targeted species and to protect non- harvest live fish and invertebrates for harvesters and dealers, and permits targeted species from incidental the aquarium trade. About 25 percent of exempting certain activities for mortality. Quinaldine, the most the exports, by number, are scientific, educational, or restoration commonly used chemical agent, is a invertebrates, especially anemones and purposes, in or from the EEZ, would be coal tar derivative used in the starfish. Less than 4 percent is live rock issued by state agencies. For example, a manufacture of dyes and explosives. or corals. The wholesale (exvessel) harvest permit currently required by Quinaldine anesthetizes reef fish, value of the approximately 45,500 live each state for its waters would be valid lobsters, and other invertebrates, and coral reef resources reported exported for the harvest of coral reef resources makes them easier to collect, but annually is about $114,000; therefore, from the adjoining EEZ. State permit reportedly also decreases their survival the reported export of stony corals, requirements would encompass all rates and damages surrounding gorgonians, and live rock is valued at species in the approved Federal organisms including coral. less than $5,000 annually. management unit. The prohibition on the use of a plant On August 9, 1995, the Regional or a plant-derived toxin to harvest coral Restriction on Sale Director, Southeast Region, NMFS reef resources would eliminate the Since harvest of prohibited species (Regional Director), disapproved the historical practice of using plants native would be allowed only for a scientific, permit and reporting requirements to the U.S. Caribbean, such as Sapindus educational, or restoration purpose, sale contained in the FMP, because the state saponarea, or their products to stun of prohibited species in or from the EEZ permit systems on which the FMP fish. Harvest by hand in a non-habitat would not be allowed. Harvest of these permit provisions depend cannot satisfy destructive manner would ensure that species in state waters is also the requirements of the Magnuson Act 46808 Federal Register / Vol. 60, No. 174 / Friday, September 8, 1995 / Proposed Rules and other applicable law. Puerto Rico is consistent with the national or the U.S. Virgin Islands. This has no harvest permit requirement for standards, other provisions of the requirement has been submitted to OMB coral reef resources. The U.S. Virgin Magnuson Act, and other applicable for approval. The public reporting Islands has a system for reporting catch, laws, except for those parts of the FMP burden for this collection of information but it does not currently include all the specifically disapproved, as discussed is estimated to average 15 minutes per species in the Federal management unit. above. NMFS, in making that response, including the time for A dealer’s permit is not currently determination with respect to the reviewing instructions, searching required in either state. remaining parts of the FMP, will take existing data sources, gathering and The FMP suggests that the state into account the data, views, and maintaining the data needed, and permit and reporting procedures could comments received during the comment completing and reviewing the collection provide additional information on period. of information. Send comments landings, gear, capture mortality, and This proposed rule has been regarding this reporting burden estimate trade, but it does not appear that current determined to be not significant for or any other aspect of the collection of state systems could provide this purposes of E.O. 12866. information, including suggestions for information. In addition, the FMP The Council prepared a final reducing the burden, to NMFS and OMB envisions that state permit systems can environmental impact statement (FEIS) (see ADDRESSES). provide exceptions to certain gear for the FMP that will be filed with the restrictions and the taking of prohibited Environmental Protection Agency for List of Subjects in 50 CFR Part 670 species for scientific, educational, or public review and comment. A notice of Fisheries, Fishing, Puerto Rico, restoration purposes. However, research its availability for public comment for Reporting and recordkeeping permit provisions of state regulations 30 days will be published in the Federal requirements, Virgin Islands. are largely discretionary, and the FMP Register. According to the FEIS, the Dated: September 1, 1995. proposed actions would benefit the does not provide details of application Gary Matlock, requirements, conditions, and criteria natural environment by prohibiting activities that damage live bottom Program Management Officer, National for issuance that could allow for Marine Fisheries Service. habitat areas. meaningful public comment. Also, any For the reasons set out in the state authorities that apply in the EEZ The Assistant General Counsel for Legislation and Regulation of the preamble, 50 CFR is proposed to be would have to be consistent with the amended by adding part 670 as follows: Magnuson Act and other applicable law. Department of Commerce certified to These determinations cannot be made the Chief Counsel for Advocacy of the PART 670ÐCORAL REEF until complete state systems are in Small Business Administration that this RESOURCES OF PUERTO RICO AND effect. proposed rule, if adopted, would not THE U.S. VIRGIN ISLANDS Since the most easily accessible reef have a significant economic impact on formations are found in state waters, it a substantial number of small entities. Subpart AÐGeneral Provisions is unlikely that any significant number The proposed rule would restrict the Sec. of requests will need to be made for taking of coral reef resources in or from the EEZ of the U.S. Caribbean. There are 670.1 Purpose and scope. activities in the EEZ for scientific, 670.2 Definitions. educational, or restoration purposes. about 16 small businesses in the U.S. 670.3 Relation to other laws. Consequently, the proposed rule merely Caribbean which are potentially 670.4 Permits. [Reserved] provides a mechanism to authorize such involved in the collection, sale and 670.5 Recordkeeping and reporting. exceptions on a case-by-case basis export of coral reef resources. These 670.6 Vessel identification. should the need arise. Such firms employ less than 100 workers in 670.7 Prohibitions. authorizations would not relieve all phases of the business (harvesters, 670.8 Facilitation of enforcement. 670.9 Penalties. individuals of the obligation to comply packers, shippers). In addition, to firms with other legal or regulatory involved in the commercial aspects of Subpart BÐManagement Measures requirements, such as those that may harvest, there are an estimated 65 670.20 Fishing year. apply in a national marine sanctuary. businesses which provide recreational 670.21 Harvest limitations. (See § 670.24.) diving services. Since the FMP can 670.22 Gear restrictions. When the state permit and reporting affect collecting for personal use, there 670.23 Restrictions on sale or purchase. systems for coral reef resources are fully is the chance that these businesses 670.24 Specifically authorized activities. could be marginally affected by the rule. developed and sufficient detail on their Authority: 16 U.S.C. 1801 et seq. operations is available, the Council may However, of the total of about 81 resubmit these disapproved provisions, businesses identified, less than 20 Subpart AÐGeneral Provisions incorporating the state permit systems percent are expected to be affected by by an amendment to the FMP. the proposed rule because the volume of § 670.1 Purpose and scope. Additional background and rationale current harvest is quite low. (a) The purpose of this part is to for the measures discussed above are Since neither the substantial number implement the Fishery Management contained in the FMP, the availability of nor significant impact criteria are Plan for Corals and Reef Associated which was announced in the Federal expected to be met, a determination has Plants and Invertebrates of Puerto Rico Register on August 8, 1995, (60 FR been made that the proposed rule will and the U.S. Virgin Islands prepared by 40340). not result in a significant impact on a the Caribbean Fishery Management substantial number of small entities. As Council under the Magnuson Act. Classification a result, a regulatory flexibility analysis (b) This part governs conservation and Section 304(a)(1)(D) of the Magnuson was not prepared. management of coral reef resources in or Act requires NMFS to publish This rule contains a collection-of- from the EEZ around Puerto Rico and regulations proposed by a council information requirement subject to the the U.S. Virgin Islands. ‘‘EEZ’’ in this within 15 days of receipt of an FMP and Paperwork Reduction Act—namely, part refers to the EEZ in those implementing regulations. At this time documentation of origin of prohibited geographical areas, unless the context NMFS has not determined that the FMP species that are for sale in Puerto Rico clearly indicates otherwise. Federal Register / Vol. 60, No. 174 / Friday, September 8, 1995 / Proposed Rules 46809

§ 670.2 Definitions. M. elongata, Orange spiny rod Meandrina meandrites, Maze coral In addition to the definitions in the M. laxa, Delicate spiny rod Family Mussidae Magnuson Act and in § 620.2 of this M. muricata, Spiny sea fan Isophyllastrea rigida, Rough star coral chapter, the terms used in this part have M. pinnata, Long spine sea fan Isophyllia sinuosa, Sinuous cactus the following meanings: Muriceopsis sp. Mussa angulosa, Large flower coral Coral reef resource means one or more M. flavida, Rough sea plume Mycetophyllia aliciae, Thin fungus of the following, or a part thereof, M. sulphurea coral whether living or dead: Plexaura flexuosa, Bent sea rod M. danae, Fat fungus coral P. homomalla, Black sea rod M. ferox, Grooved fungus Sponges—Class Demospongiae Pseudoplexaura crucis M. lamarckiana, Fungus coral Aphimedon compressa, Erect rope P. flagellosa Scolymia cubensis, Artichoke coral sponge P. porosa, Porous sea rod S. lacera, Solitary disk Chondrilla nucula, Chicken liver P. wagenaari Family Caryophyllidae sponge Plexaurella dichotoma, Slit-pore sea Eusmilia fastigiata, Flower coral Cynachirella alloclada rod Tubastrea aurea, Cup coral Geodia neptuni, Potato sponge P. fusifera Family Oculinidae Haliclona sp., Finger sponge P. grandiflora Oculina diffusa, Ivory bush coral P. grisea Myriastra sp. Black Corals—Order Antipatharia Niphates digitalis, Pink vase sponge P. nutans, Giant slit-pore N. erecta, Lavender rope sponge Family Ellisellidae Antipathes spp., Bushy black coral Spinosella policifera Ellisella spp., Sea whips Stichopathes spp., Wire coral S. vaginalis Hard Corals—Order Scleractinia Anemones—Order Actiniaria Tethya crypta Family Astrocoeniidae Aiptasia tagetes, Pale anemone Hydrocorals—Class Hydrozoa Stephanocoenia michelinii, Blushing Bartholomea annulata, Corkscrew Hydroids—Order Hydroida star anemone Fire Corals—Order Milleporina Family Pocilloporidae Condylactis gigantea, Giant pink- Millepora sp. Madracis decactis, Ten-ray star coral tipped anemone Lace Corals—Order Stylasterina M. mirabilis, Yellow pencil Hereractis lucida, Knobby anemone Stylaster roseus, Rose lace corals Family Acroporidae Lebrunia spp., Staghorn anemone Acropora cervicornis, Staghorn coral Stichodactyla helianthus, Sun Anthozoans—Class Anthozoa A. palmata, Elkhorn coral anemone Soft corals—Order Alcyonacea A. prolifera, Fused staghorn Colonial Anemones—Order Family Agaricidae Zoanthidea Family Anthothelidae Agaricia agaricities, Lettuce leaf coral Zoanthus spp., Sea mat Erythropodium caribaeorum, A. fragilis, Fragile saucer False Corals—Order Corallimorpharia Encrusting gorgonian A. lamarcki, Lamarck’s sheet Ricordia florida, Florida false coral Iciligorgia schrammi, Deepwater sea A. tenuifolia, Thin leaf lettuce Discosoma spp. (formerly Rhodactis), fan Leptoseris cucullata, Sunray lettuce false coral Family Briareidae Family Siderastreidae Briareum asbestinum, Corky sea Siderastrea radians, Lesser starlet Polychaetes—Class Polychaeta finger S. siderea, Massive starlet Family Sabellidae, Feather duster Family Telestacea Family Poritidae worms Telesto riisei, Telesto Porites astreoides, Mustard hill coral Sabellastarte spp., Tube worms Gorgonians—Order Gorgonacea P. branneri, Blue crust coral S. magnifica, Magnificent duster P. divaricata, Small finger coral Family Serpulidae Family Gorgoniidae P. porites, Finger coral Spirobranchus giganteus, Christmas Gorgonia flabellum, Venus sea fan Family Faviidae tree worm G. mariae, Wide-mesh sea fan Cladocora arbuscula, Tube coral Gastropods—Class Gastropoda G. ventalina, Common sea fan Colpophyllia natans, Boulder coral Pseudopterogorgia acerosa, Sea Diploria clivosa, Knobby brain coral Family Strombidae, Winged conchs plume D. labyrinthiformis, Grooved brain Strombus spp. (except Queen conch, P. albatrossae D. strigosa, Symmetrical brain S. gigas) P. americana, Slimy sea plume Favia fragum, Golfball coral Family Ovulidae P. bipinnata, Bipinnate plume Manicina areolata, Rose coral Cyphoma gibbosum, Flamingo tongue P. rigida M. mayori, Tortugas rose coral Charonia tritonis, Atlantic triton Pterogorgia anceps, Angular sea whip Montastrea annularis, Boulder star trumpet P. citrina, Yellow sea whip coral Family Olividae Family Plexauridae M. cavernosa, Great star coral Oliva reticularis, Netted olive Eunicea calyculata, Warty sea rod Solenastrea bournoni, Smooth star Family Elysiidae E. clavigera coral Tridachia crispata, Lettuce sea slug E. fusca, Doughnut sea rod Family Rhizangiidae Bivalves—Class Bivalvia E. knighti Astrangia solitaria, Dwarf cup coral E. laciniata Phyllangia americana, Hidden cup Family Limidae E. laxispica coral Lima spp., Fileclams E. mammosa, Swollen-knob Family Meandrinidae L. scabra, Rough fileclam E. succinea, Shelf-knob sea rod Dendrogyra cylindrus, Pillar coral Family Spondylidae E. touneforti Dichocoenia stellaris, Pancake star Spondylus americanus, Atlantic Muricea atlantica D. stokesi, Elliptical star thorny oyster 46810 Federal Register / Vol. 60, No. 174 / Friday, September 8, 1995 / Proposed Rules

Cephalopods—Class Cephalopoda Red Algae—Phylum Rhodophyta (3) At least 18 inches (45.7 cm) in Octopuses—Order Octopoda Sea grasses—Phylum Angiospermae height for fishing vessels over 65 ft (19.8 m) in length and at least 10 inches (25.4 Family Octopodidae Halodule wrightii, Shoal grass Octopus spp. (except the Common cm) in height for all other vessels; and Halophila spp., Sea vines (4) Permanently affixed to or painted octopus, O. vulgaris) Ruppia maritima, Widgeon grass on the vessel. Crustaceans—Class Crustacea Syringodium filiforme, Manatee grass (b) Duties of operator. The operator of Thalassia testudium, Turtle grass a vessel that fishes for or possesses coral Decapods—Order Decapoda Gorgonian means a coral reef resource reef resources in or from the EEZ must— Family Stenopodidae, Coral shrimp of the Class Anthozoa, Subclass (1) Keep the official number clearly Stenopus hispidus, Banded shrimp Octocorallia, Order Gorgonacea. legible and in good repair; and S. scutellatus, Golden shrimp Live rock means a coral reef resource (2) Ensure that no part of the fishing Family Hippolytidae attached to a hard substrate, including vessel, its rigging, fishing gear, or any Lysmata spp., Peppermint shrimp dead coral or rock (excluding individual other material on board obstructs the Thor amboinensis, Anemone shrimp mollusk shells). view of the official number from an Family Palaemonida Prohibited species means a gorgonian, enforcement vessel or aircraft. Periclimenes spp., Cleaner shrimp a live rock, or a stony coral, or a part Family Alpheidae thereof. § 670.7 Prohibitions. Alpheaus armatus, Snapping shrimp Regional Director means the Director, In addition to the general prohibitions Family Diogenidae Southeast Region, NMFS, 9721 specified in § 620.7 of this chapter, it is Paguristes spp., Hermit crabs Executive Center Drive N., St. unlawful for any person to do any of the P. cadenati, Red reef hermit Petersburg, FL 33702, telephone: 813- following: Family Majidae, Coral crabs 570-5301; or a designee. (a) Fail to make a coral reef resource Mithrax spp., Clinging crabs Science and Research Director means in or from the EEZ available for M. cinctimanus, Banded clinging the Science and Research Director, inspection, as specified in § 670.5. M. sculptus,, Green clinging Southeast Fisheries Science Center, (b) Falsify or fail to display and Stenorhynchus seticornis, Yellowline NMFS, 75 Virginia Beach Drive, Miami, maintain vessel identification, as arrow FL 33149, telephone 305-361-5761; or a required by § 670.6. (c) Fish for or possess a prohibited Family Grapsidae designee. species in or from the EEZ, as specified Percnon gibbesi, Nimble spray crab Scientific, educational, or restoration Family Squillidae, Mantis crabs in § 670.21. purpose means the objective of gaining (d) Use an explosive to harvest a coral Gonodactylus spp. knowledge for the benefit of science, Lysiosquilla spp. reef resource in the EEZ or possess humanity, or management of coral reef dynamite or a similar explosive Bryozoans—Phylum Bryozoa resources or restoring a disturbed substance on board a vessel, as specified habitat as closely as possible to its Starfish—Class Stelleroidea in § 670.22(a). original condition. (e) Use a chemical, plant, or plant Analcidometra armata, Swimming Stony coral means a coral reef derived toxin to harvest a coral reef crinoid resource— resource in the EEZ, as specified in Astropecten spp., Sand stars (1) Of the Class Hydrozoa (fire corals § 670.22(b). Astrophyton muricatum, Giant basket and hydrocorals); or (f) Harvest a coral reef resource in the star (2) Of the Class Anthozoa, Subclass EEZ other than as specified in Davidaster spp., Crinoids Hexacorallia, Orders Scleractinia (stony § 670.22(c). Linckia guildingii, Common comet corals) and Antipatharia (black corals). (g) Purchase, barter, trade, or sell, or star § 670.3 Relation to other laws. attempt to purchase, barter, trade, or sell Nemaster spp., Crinoids a prohibited species harvested in the Ophidiaster guildingii, Comet star The relation of this part to other laws EEZ, as specified in § 670.23(a). Ophiocoma spp., Brittlestars is set forth in § 620.3 of this chapter. (h) Make any false statement, oral or Ophioderma spp., Brittlestars § 670.4 Permits. [Reserved] written, to an authorized officer O. rubicundum, Ruby brittlestar concerning the taking, catching, Oreaster reticulatus, Cushion sea star § 670.5 Recordkeeping and reporting. harvesting, landing, purchase, sale, Sea Urchins—Class Echinoidea A person possessing a coral reef possession, or transfer of a coral reef resource in or from the EEZ is required resource. Diadema antillarum, Long-spined upon request to make such coral reef (i) Interfere with, obstruct, delay, or urchin resource available for inspection by the prevent by any means an investigation, Echinometra spp., Purple urchin Science and Research Director or an search, seizure, or disposition of seized Eucidaris tribuloides, Pencil urchin authorized officer. property in connection with Lytechinus spp., Pin cushion urchin enforcement of the Magnuson Act. Tripneustes ventricosus, Sea egg § 670.6 Vessel identification. § 670.8 Facilitation of enforcement. Sea Cucumbers—Class Holothuroidea (a) Official number. A vessel that fishes for or possesses coral reef See § 620.8 of this chapter. Holothuria spp., Sea cucumbers resources in or from the EEZ must § 670.9 Penalties. display its official number— Tunicates—Subphylum Urochordata See § 620.8 of this chapter. (1) On the port and starboard sides of Green Algae—Phylum Chlorophyta the deckhouse or hull, and on an Subpart BÐManagement Measures Caulerpa spp., Green grape algae appropriate weather deck, so as to be Halimeda spp., Watercress algae clearly visible from an enforcement § 670.20 Fishing year. Penicillus spp., Neptune’s brush vessel or aircraft; The fishing year for coral reef Udotea spp., Mermaid’s fan (2) In block arabic numerals in resources begins on January 1 and ends Ventricaria ventricosa, Sea pearls contrasting color to the background; on December 31. Federal Register / Vol. 60, No. 174 / Friday, September 8, 1995 / Proposed Rules 46811

§ 670.21 Harvest limitations. for a scientific, educational, or prepared by the North Pacific Fishery No person may fish for or possess a restoration purpose and may authorize Management Council (Council) under prohibited species in or from the EEZ. activities otherwise prohibited by the the Magnuson Fishery Conservation and The taking of a prohibited species in the regulations in this part for the Management Act (16 U.S.C. 1801 et seq.) EEZ as incidental catch will not be acquisition of information and data. (Magnuson Act), and is implemented by considered unlawful possession of a [FR Doc. 95–22239 Filed 9–1–95; 5:01 pm] regulations governing the U.S. prohibited species provided it is BILLING CODE 3510±22±F groundfish fisheries at 50 CFR parts 675 returned immediately to the sea in the and 676. General regulations that also general area of fishing. pertain to U.S. fisheries are codified at 50 CFR Part 675 50 CFR part 620. § 670.22 Gear restrictions. This action proposes regulations to (a) An explosive may not be used to [Docket No. 950830223±5223±01; I.D. implement Amendment 21b to the FMP. harvest a coral reef resource in the EEZ. 082395C] If approved by NMFS, this amendment Dynamite or a similar explosive RIN 0648±AE97 would prohibit the use of trawl gear in substance may not be possessed on specified areas of the BSAI management board a vessel that possesses a coral reef Groundfish of the Bering Sea and area that historically contributed to resource in or from the EEZ. Aleutian Islands Area; Chinook Salmon relatively high chinook salmon bycatch (b) No person may use a chemical, Savings Areas rates during winter months. plant, or plant derived toxin to harvest Chinook salmon are caught a coral reef resource in the EEZ. AGENCY: National Marine Fisheries incidentally in trawl fisheries in the (c) A coral reef resource in the EEZ Service (NMFS), National Oceanic and BSAI management area. They are a may be harvested only with a hand-held Atmospheric Administration (NOAA), prohibited species in the trawl fisheries dip net or slurp gun, or by hand in a Commerce. and must be discarded after being manner that does not injure or destroy ACTION: Proposed rule; request for counted by a NMFS-certified observer. a coral reef resource or its habitat. For comments. During the foreign fisheries, the the purposes of § 670.7(f) and this estimated chinook salmon bycatch paragraph (c), a hand-held slurp gun is SUMMARY: NMFS proposes regulations reached a high of 115,000 salmon in a device that rapidly draws seawater that would implement Amendment 21b 1980. As a result, the foreign fleet was containing fish into a self-contained to the Fishery Management Plan for the put on a bycatch reduction schedule chamber. Groundfish Fishery of the Bering Sea starting at 65,000 chinook salmon and and Aleutian Islands Area (FMP). This decreasing to 16,500 chinook by 1986. § 670.23 Restrictions on sale or purchase. amendment proposes to prohibit the use According to reported bycatch, the (a) No person may purchase, barter, of trawl gear in specified areas of the foreign fleet did not exceed the trade, or sell, or attempt to purchase, Bering Sea and Aleutian Islands (BSAI) reduction schedule bycatch level in any barter, trade, or sell a prohibited species management area through April 15 of year. harvested in the EEZ. each fishing year once a chinook salmon The domestic groundfish trawl fleet (b) A prohibited species that is sold or bycatch of 48,000 fish has been reached has caught the majority of the chinook exchanged, or offered for sale or in the BSAI management area trawl salmon bycatch since 1987. Chinook exchange, in Puerto Rico or the U.S. fisheries. This action is necessary to salmon bycatch exceeded 20,000 fish in Virgin Islands will be presumed to have limit chinook salmon bycatch in the 1987, 1988, and 1989 and exceeded been harvested in the EEZ unless it is BSAI management area and is intended 40,000 fish in 1991, 1992, 1993, and accompanied by documentation to promote the goals and objectives of 1994. Estimated chinook salmon showing that it was harvested the FMP. bycatch in the domestic trawl fisheries elsewhere. Such documentation must DATES: Comments on the FMP from 1990 to the present is summarized contain: amendment must be received by below: (1) The information specified in 50 October 20, 1995. CFR part 246 for marking containers or ADDRESSES: No. of Comments may be sent to Year Chinook packages of fish or wildlife that are Ronald J. Berg, Chief, Fisheries imported, exported, or transported in Management Division, Alaska Region, 1990 ...... 13,990 interstate commerce; NMFS, P.O. Box 21668, Juneau, AK, 1991 ...... 48,821 (2) The name and home port of the 99802, Attention: Lori Gravel, or 1992 ...... 41,903 vessel, or the name and address of the delivered to the Federal Building, 709 1993 ...... 45,964 individual, harvesting the prohibited 1994 ...... 44,437 West 9th Street, Juneau, AK. Copies of 1 species; Amendment 21b and the environmental 1995 ...... 17,701 (3) The port and date of landing the assessment/regulatory impact review/ 1 Preliminary through 7/29/95. prohibited species; and initial regulatory flexibility analysis Observer data from the foreign, joint- (4) A statement signed by the person (EA/RIR/IRFA) prepared for selling or exchanging, or offering for venture, and domestic trawl fisheries for Amendment 21b are available from the pollock and Pacific cod were examined sale or exchange, the prohibited species North Pacific Fishery Management attesting that, to the best of his or her for seasonal and spacial patterns in Council, P.O. Box 103136, Anchorage, chinook salmon bycatch and groundfish knowledge, information, and belief, AK 99510; telephone: 907–271–2809. such prohibited species was harvested catch. The pollock and Pacific cod FOR FURTHER INFORMATION CONTACT: other than in the EEZ or the waters of fisheries were selected because nearly Puerto Rico or the U.S. Virgin Islands. Sally Bibb, 907–586–7228. all chinook salmon bycatch occurs in SUPPLEMENTARY INFORMATION: Fishing these fisheries (92 percent in 1994). § 670.24 Specifically authorized activities. for groundfish by U.S. vessels in the These data showed that chinook salmon The Regional Director may authorize exclusive economic zone of the BSAI bycatch was largely associated with the harvest and possession of a management area is managed by NMFS groundfish catches along the 200-m prohibited species in or from the EEZ according to the FMP. The FMP was contour (continental shelf break), in the