42068 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules

Canada goose following delisting will be I, title 50 of the Code of Federal Center Drive N., St. Petersburg, FL collected primarily by our personnel. Regulations, as set forth below: 33702. We do not anticipate a need to request Requests for copies of Amendment 1, data or other information from ten or PART 17Ð[AMENDED] which includes a regulatory impact more persons during any 12-month 1. The authority citation for part 17 review (RIR), an initial regulatory period to satisfy monitoring information continues to read as follows: flexibility analysis (IRFA), and a final needs. If it becomes necessary to collect supplemental environmental impact information from 10 or more non- Authority: 16 U.S.C. 1361–1407; 16 U.S.C. statement (FSEIS), should be sent to the Federal individuals, groups, or 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Caribbean Fishery Management Council 625, 100 Stat. 3500; unless otherwise noted. organizations per year, we will first (Council), 268 Munoz Rivera Avenue, Suite 1108, San Juan, PR 00918-2577. obtain information collection approval § 17.11 [AMENDED] from OMB. FOR FURTHER INFORMATION CONTACT: 2. Section 17.11(h) is amended by National Environmental Policy Act removing the entry for the ‘‘Goose, Michael Barnette, 727-570-5305. SUPPLEMENTARY INFORMATION: The We have determined that we do not Aleutian Canada, Branta canadensis leucopareia’’ under ‘‘Birds.’’ fishery for coral reef resources and need to prepare an Environmental related fisheries off Puerto Rico and the Assessment, as defined under the Dated: July 8, 1999. U.S. Virgin Islands are managed under authority of the National Environmental John G. Rogers, Jr., the FMP. The FMP was prepared by the Policy Act of 1969, in connection with Acting Director, Fish and Wildlife Service. Council, and was approved and regulations adopted pursuant to section [FR Doc. 99–19900 Filed 7–30–99; 8:45 am] implemented by NMFS, under the 4(a) of the Act. We published a notice BILLING CODE 4310±55±P authority of the Magnuson-Stevens outlining our reasons for this Fishery Conservation and Management determination in the Federal Register Act (Magnuson-Stevens Act), through on October 25, 1983 (48 FR 49244). DEPARTMENT OF COMMERCE final regulations at 50 CFR part 622. Listing Priority Guidance This proposed rule would implement National Oceanic and Atmospheric Amendment 1 and establish a MCD of The processing of this proposed rule Administration approximately 16 mi2 (41 km2) in the conforms with our Listing Priority EEZ off the USVI southwest of St. Guidance for Fiscal Years 1998 and 50 CFR Part 622 Thomas, in an area known as ‘‘Hind 1999, published on May 8, 1998. This [Docket No. 990722200±9200±01; I.D. Bank.’’ The purpose of the MCD is to guidance clarifies the order in which we 060899D] protect coral reef resources, reef fish will process rulemakings, giving the stocks, and their habitats. Fishing and RIN 0648±AG88 highest priority (Tier 1) to processing anchoring of fishing vessels would be emergency rules to add species to the Fisheries of the Caribbean, Gulf of prohibited within the MCD. The ban on Lists of Endangered and Threatened Mexico, and South Atlantic; Coral Reef anchoring of fishing vessels would aid Wildlife and Plants; second priority Resources of Puerto Rico and the U.S. in enforcement of the fishing (Tier 2) to processing final Virgin Islands; Amendment 1 prohibition and protect the reefs from determinations on proposals to add direct physical damage from anchoring. species to the lists, processing new AGENCY: National Marine Fisheries Caribbean coral reefs are under proposals to add species to the Lists, Service (NMFS), National Oceanic and considerable ecological stress as a result processing administrative findings on Atmospheric Administration (NOAA), of the effects of coastal development petitions (to add species to the lists, Commerce. and deforestation (sedimentation, delist species, or reclassify listed ACTION: Proposed rule; request for pollution, dredging) and fishing (gear species), and processing a limited comments. impacts and overfishing effects). The number of proposed or final rules to FMP currently prohibits the taking of delist or reclassify species; and third SUMMARY: NMFS issues this proposed corals and live rock in the EEZ and priority (Tier 3) to processing proposed rule to implement Amendment 1 to the limits the type of gear used to collect or final rules designating critical habitat. Fishery Management Plan for Corals and live reef invertebrates and algae for Processing of this delisting proposal is Reef Associated Plants and Invertebrates aquariums. a Tier 2 action. of Puerto Rico and the U.S. Virgin The FMP was recently amended by a Islands (FMP). This rule proposes to References Cited generic essential fish habitat (EFH) establish a marine conservation district amendment (Generic EFH Amendment) A complete list of all references cited (MCD) of approximately 16 square that addressed EFH requirements for all herein is available upon request from nautical miles (mi2)(41 km2) in the the Council’s FMPs. The Generic EFH Ann Rappoport (see address above). Exclusive Economic Zone (EEZ), Amendment designated U.S. Caribbean Author. The primary author of this southwest of St. Thomas, U.S. Virgin coral and coral reef areas as EFH. NMFS proposal is Anthony DeGange (see Islands (USVI), in an area known as approved these EFH designations under address above). ‘‘Hind Bank.’’ Within the MCD, fishing the Generic EFH Amendment for 17 for any species and anchoring by fishing selected species and corals (15 reef fish List of Subjects in 50 CFR Part 17 vessels would be prohibited. The species, spiny lobster, and queen Endangered and threatened species, intended effect is to protect important conch), and published a notice of Exports, Imports, Reporting and marine resources. agency decision in the Federal Register recordkeeping requirements, DATES: Written comments must be (64 FR 14884; March 29, 1999). Transportation. received on or before September 17, Amendment 1 is intended to protect 1999. coral reef resources and associated Proposed Regulations Promulgation ADDRESSES: Comments on the proposed species, and EFH within the MCD. Accordingly, we hereby propose to rule must be sent to the Southeast Amendment 1 would specifically amend part 17, subchapter B of chapter Regional Office, NMFS, 9721 Executive address fishing effects on reefs by

VerDate 18-JUN-99 15:07 Aug 02, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\03AUP1.XXX pfrm09 PsN: 03AUP1 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules 42069 establishing a ‘‘no take’’ MCD in a coral fisheries, including the HMS fisheries, applicable laws. NMFS, in making that reef area known as Hind Bank including those fisheries for tunas, determination, will take into account southwest of St. Thomas, USVI. The billfishes, and sharks. During the public the data, views, and comments received dominant coral on Hind Bank is the comment periods on Amendment 1 and during the comment period on boulder star coral, Montastrea this proposed rule, NMFS will use its Amendment 1. annularis. Observed colonies are HMS Fax Network to ensure that all This proposed rule has been roughly 1 m in diameter. Based on affected HMS fishermen are informed of determined to be not significant for recorded growth rates of approximately the MCD proposal. purposes of E.O. 12866. 0.4–1.2 cm/year, these colonies are at There is considerable literature on the The Council prepared an initial least 100 years old. At about 20 fathoms benefits of marine reserves or ‘‘no-take’’ regulatory flexibility analysis (IRFA) for (36 m), the bottom topography of Hind MCDs. They are designed to protect Amendment 1 as required by the Bank consists of a series of coral ridges older, larger fish and, thereby, protect Regulatory Flexibility Act (RFA). The (each approximately 100 m wide) critical spawning stock biomass, intra- IRFA describes the economic impacts interspersed with sandy depressions. specific genetic diversity, population this proposed rule, if adopted, would Fisheries in the U.S. Caribbean are age-structure, recruitment supply, and have on small entities. A summary of multi-species, multi-gear, and primarily ecosystem balance. Specific expected the IRFA follows. artisanal. Studies show declines in benefits include (1) establishment of a The IRFA concluded that a substantial catch rates and relative abundance of refuge and replenishment area to ensure number of small entities would be groupers, snappers, triggerfish, continued abundance and diversity of affected because 20 to 30 entities would angelfish, parrotfish, and grunts in USVI reef resources, (2) protection of critical be displaced and another 100 would be trap fisheries. Jewfish (Epinephelus spawning stock and recruits from indirectly affected by the displaced itajara), Nassau grouper (E. striatus), overfishing, (3) physical protection of group. The total would be well over 20 and queen conch (Strombus gigas) have the coral reef structures, and (4) percent of the entities that fish in the been designated by NMFS as overfished ‘‘spillover’’ effects to surrounding areas. general area. The IRFA concluded that under the provisions of the Magnuson- Regarding ‘‘spillover’’ effects, MCDs are there may not be a negative gross Stevens Act (NMFS’ Report to Congress expected to be a source of adults and revenue impact of more than 5 percent - Status of Fisheries of the United States, larvae for adjacent areas and may be and that there would not be a 5-percent October 1998). Red hind, Epinephelus effective in addressing the problem of increase in compliance costs. It was also guttatus, the dominant commercial reef recruitment overfishing, especially in determined that there would be no fish species in the U.S. Caribbean, is sedentary species. MCDs are believed to annual compliance costs and no showing signs of a significantly skewed be important in maintaining the high differential small versus large business sex ratio, and declines in catch-per-unit- abundance of many reef fish species impacts and that capital costs would not effort and average size. worldwide. For example, existing change significantly. However, it was Since 1991, Hind Bank has been marine reserves in the Netherland determined that an unknown number of closed to fishing from January through Antilles and Barbados show increasing the 20 to 30 directly displaced small March under the regulations population biomass and size of sampled entities may cease operations if the implementing the FMP to protect red reef fish. proposed rule is implemented. hind spawning aggregations. A 1997 During 1995–96, 25 commercial Additionally, the action is of major scientific research report to the Council fishermen reported landings, primarily public interest, and represents a unique indicated that this closure was having a from trap fishing for finfish and spiny and fundamental change in fishery positive effect in terms of increased red lobsters, from the general area management approaches used in the hind abundance and size. southwest of St. Thomas (EEZ waters Southeast. In addition to red hind, other species only). This area accounted for 14 The proposed MCD is intended to thought to aggregate on Hind Bank for percent of the trips and 31 percent of conserve coral and associated habitats, spawning include yellowfin grouper, the total commercial catch (about maintain marine biodiversity, and Mycteroperca venenosa; yellowtail 390,000 lb (176,901 kg)) in the USVI. provide for the conservation and snapper, Ocyurus chrysurus; stoplight Handline fishermen in this area management of economically important parrotfish, Sparisoma viride; creole accounted for only 4 percent of the trips species. The Magnuson-Stevens Act wrasse, Clepticus parrae; and the creole- and 8 percent of the total catch. There provides the legal basis for the rule. The fish, Paranthias furcifer. Hind Bank was are no comparable data for the rule would apply to approximately 121 once a spawning site for Nassau recreational sector. There are licensed fishermen, most of whom grouper, but few individuals have been approximately 10 charter fishing operate small outboard skiffs. These seen in the area in recent years. The operations in the St. Thomas-St. John fishermen report average annual ex- MCD is intended to protect these other area; however, these boats reportedly vessel revenues of $12,000 and report aggregating species. fish the ‘‘dropoff’’ south of St. John, catches of a wide variety of species Amendment 1 would extend the rather than off St. Thomas. associated with coral habitats. These current seasonal Hind Bank closure Additional background and rationale fishermen take roughly 35 to 60 trips year-round. The Council considered the for the measures discussed above are annually in the vicinity of the proposed possibility of allowing some fishing contained in Amendment 1, the reserve, but a much smaller number of within MCDs to accommodate handline availability of which was announced in trips wholly within the reserve. The rule fishermen taking snappers, pelagics, and the Federal Register on June 21, 1999 contains no new reporting requirements highly migratory species (HMS). (64 FR 33041). and no duplicative, overlapping, or However, the Council determined that conflicting Federal rules were any fishing activities in the MCD could Classification identified. The Council considered the adversely affect spawning aggregations, At this time, NMFS has not status quo alternative, as well as three degrade the reef ecosystem, and determined that the amendment that alternative marine reserves differing in complicate enforcement. this rule would implement is consistent size and location to the marine reserve The Council specifically intends that with the national standards of the proposed. Additionally, a range of no- the MCD fishing restrictions apply to all Magnuson-Stevens Act and other take restrictions were considered for

VerDate 18-JUN-99 15:07 Aug 02, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\03AUP1.XXX pfrm09 PsN: 03AUP1 42070 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules each reserve. The Council deemed that List of Subjects in 50 CFR Part 622 restrictive no-take regulations were Fisheries, Fishing, Puerto Rico, appropriate in all cases. The Council Point North lat. West long. Reporting and recordkeeping concluded that exceptions would make requirements, Virgin Islands. ° ° compliance enforcement more difficult A ...... 18 15.7' 67 26.4' ° ° and prevent attainment of the major Dated: July 28, 1999 B ...... 18 15.7' 67 23.2' C ...... 18°12.7' 67°23.4' FMP objective to protect important Andrew A. Rosenberg, D ...... 18°12.7' 67°26.4' Deputy Assistant Administrator, National marine resources. The Council rejected A ...... 18°15.7' 67°26.4' the status quo because of its failure to Marine Fisheries Service. meet the FMP objective of increasing net For the reasons set out in the national benefits. The Council rejected preamble, 50 CFR part 622 is proposed (B) Tourmaline Bank. one of the three alternative marine to be amended as follows: reserves considered on the basis that insufficient information was available to PART 622ÐFISHERIES OF THE CARIBBEAN, GULF, AND SOUTH Point North lat. West long. determine whether the FMP objective ATLANTIC could be met. For this rejected A ...... 18°11.2' 67°22.4' alternative, the users would still be 1. The authority citation for part 622 B ...... 18°11.2' 67°19.2' negatively impacted in the short-run continues to read as follows: C ...... 18°08.2' 67°19.2' with no assurance of long-term gains. D ...... 18°08.2' 67°22.4' Authority: 16 U.S.C. 1801 et seq. The Council rejected the other two A ...... 18°11.2' 67°22.4' alternative marine reserves because 2. Section 622.33 is revised to read as those alternatives, while providing for a follows: (C) Abrir La Sierra Bank. greater level of net economic benefits, § 622.33 Caribbean EEZ seasonal and/or had a greater short-term cost to the area closures. users. Although both of these reserves were deemed capable of meeting the (a) Seasonal closures—(1) Mutton Point North lat. West long. FMP objective and providing for a long- snapper spawning aggregation area. From March 1 through June 30, each A ...... 18°06.5' 67°26.9' term increase in net national benefits, ° ° the preferred alternative was selected on year, fishing is prohibited in that part of B ...... 18 06.5' 67 23.9' C ...... 18°03.5' 67°23.9' the basis of having the least amount of the following area that is in the EEZ. The area is bounded by rhumb lines D ...... 18°03.5' 67°26.9' short-term negative impact. Copies of joining the following points in the order A ...... 18°06.5' 67°26.9' the RIR/IRFA are available (see listed. ADDRESSES). (3) Queen conch closure. From July 1 The Council prepared a FSEIS for the through September 30, each year, no FMP that was filed with the person may fish for queen conch in the Environmental Protection Agency for Point North lat. West long. Caribbean EEZ and no person may public review and comment. A notice of A ...... 17°37.8' 64°53.0' possess on board a fishing vessel a its availability for public comment for B ...... 17°39.0' 64°53.0' queen conch in or from the Caribbean 30 days will be published in the Federal C ...... 17°39.0' 64°50.5' EEZ. Register on July 30, 1999. According to D ...... 17°38.1' 64°50.5' (b) Year-round area closures. (1) Hind ° ° the FSEIS, the elimination of E ...... 17 37.8' 64 52.5' Bank Marine Conservation District ° ° consumptive uses within the MCD will A ...... 17 37.8' 64 53.0' (MCD). The following activities are provide a refuge and replenishment area prohibited within the Hind Bank MCD: for reef resources and ensure continued (2) Red hind spawning aggregation Fishing for any species, except for abundance and species diversity. The areas. From December 1 through scientific research activity, exempted MCD will provide insurance against February 28, each year, fishing is fishing, and exempted educational recruitment failure and simplify prohibited in those parts of the activity as provided in § 600.745 of this enforcement. The general public following areas that are in the EEZ. Each chapter; and anchoring by fishing understands and supports the concept area is bounded by rhumb lines vessels. The Hind Bank MCD is of MCDs. Although commercial and connecting, in order, the points listed. bounded by rhumb lines connecting, in recreational fishers could experience (i) East of St. Croix. order, the points listed. increased costs of further restrictions on their activities within the MCD, they and non-consumptive users will realize long-term benefits resulting from the Point North lat. West long. Point North lat. West long. maintenance of healthy and diverse A ...... 17°50.2' 64°27.9' A ...... 18°13.2' 65°06.0' coral ecosystems. B ...... 17°50.1' 64°26.1' B ...... 18°13.2' 64°59.0' ° ° C ...... 17 49.2' 64 25.8' C ...... 18°11.8' 64°59.0' Changes Proposed by NMFS ° ° D ...... 17 48.6' 64 25.8' D ...... 18°10.7' 65°06.0' E ...... 17°48.1' 64°26.1' NMFS proposes to restructure A ...... 18°13.2' 65°06.0' F ...... 17°47.5' 64°26.9' § 622.33, for the convenience of the A ...... 17°50.2' 64°27.9' reader, to distinguish more clearly (2) [Reserved] between seasonal and year-round (ii) West of Puerto Rico—(A) Bajo de [FR Doc. 99–19915 Filed 8–2–99; 8:45 am] closures. Cico. BILLING CODE 3510±22±F

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