Stone Crab Fishery of the Gulf of Mexico

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 941002-4302; I.D. 092794B]

RIN 0648-AG23

Stone Crab Fishery of the Gulf of Mexico

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 5 to the

Fishery Management Plan for the Stone Crab Fishery of the Gulf of

Mexico (FMP). This rule would establish a temporary moratorium, ending

not later than June 30, 1998, on the Federal registration of stone crab

vessels by the Director, Southeast Region, NMFS (Regional Director),

and would invalidate any Federal numbers and color codes issued by the

Regional Director after July 1, 1994, for use on stone crab vessels and

gear. In addition, NMFS proposes changes to correct and clarify the

regulations, conform them to current standards, and enhance

enforcement.

DATES: Written comments must be received on or before December 19,

1994.

ADDRESSES: Comments on the proposed rule must be sent to the Southeast

Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,

FL 33702.

Requests for copies of Amendment 5, which includes a regulatory

impact review and an environmental assessment, should be sent to the

Gulf of Mexico Fishery Management Council, 5401 W. Kennedy Boulevard,

Suite 331, Tampa, FL 33609-2486, FAX: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico

Fishery Management Council (Council) and is implemented by regulations

at 50 CFR part 654 under the authority of the Magnuson Fishery

Conservation and Management Act (Magnuson Act).

The stone crab fishery managed under the FMP is located entirely

off the coast of Florida, with the majority of harvest from Florida's

waters. Florida has actively managed the fishery since 1929. The FMP

was implemented in 1979, principally to regulate the activities of

shrimp vessels registered in states other than Florida to resolve gear

conflicts with stone crab fishermen. Other FMP objectives included

managing the stone crab resource for optimum yield, conserving the

stocks while attaining full utilization, establishing an effective

reporting system, and promoting uniformity of the regulations

throughout the management area. The FMP, as amended addressed the gear

conflicts and adopted Florida's rules for stone crab in the exclusive

economic zone (EEZ).

The biological condition of the stone crab fishery is stable, with

landings of claws averaging about 3 million lb (1.36 million kg)

annually. During the early development of the fishery, annual landings

increased as fishing effort increased; however, landings since 1985

have not increased while fishing effort has doubled. The fishery

currently has more participants and stone crab traps than are necessary

to harvest efficiently the optimum yield.

Florida is considering a moratorium on the issuance of State

permits for the stone crab fishery while alternatives for a possible

effort limitation or controlled access system are considered. The

current regulations provide for the issuance by the Regional Director

of Federal numbers and color codes for stone crab fishing in the EEZ

when an applicant is unable to obtain a State permit. However, the

Regional Director has not issued any Federal numbers/color codes under

the current regulations. Amendment 5 would place a temporary moratorium

ending not later than June 30, 1998, on the issuance by the Regional

Director of Federal numbers and color codes for use on stone crab

vessels and gear, and would invalidate any permits issued between July

1, 1994, and the effective date of the regulations implementing

Amendment 5. This moratorium would end no later than June 30, 1998, and

would discourage speculative entry into the fishery while potential

effort or access controls are considered by the industry, Florida, and

the Council.

NMFS published notification of the proposed moratorium on July 1,

1994 (59 FR 33947), which advised fishermen that, if Amendment 5 is

approved and implemented, any Federal numbers/color codes issued

between July 1, 1994, and the effective date of the implementing

regulations would no longer be valid.

During the 4-year moratorium period, it is reasonably expected that

the Council will propose further management measures that would revise

the provisions for the issuance of Federal numbers/color codes.

Accordingly, NMFS proposes to remove the current provisions regarding

Federal issuance of numbers/color codes at this time rather than

suspend their effectiveness for the 4-year period. If needed, any such

provisions will be implemented by a subsequent rulemaking to be

effective when the moratorium actually expires.

Additional Measures in Amendment 5

Amendment 5 proposes a procedure whereby the Florida Marine

Fisheries Commission (FMFC) may request the Regional Director to

implement in the EEZ by regulatory amendment, with the Council's review

and concurrence, modification to certain gear and harvest limitations

applicable to State waters that were proposed by the FMFC and approved

by the Florida Governor and Cabinet. The regulatory amendment process

requires publication of a proposed rule in the Federal Register, a

public comment period, and, if the rule is approved, publication of a

final rule in the Federal Register. The specific steps of the

regulatory amendment procedure under the enhanced cooperative

management system proposed in Amendment 5 are contained on pages 8-10

of the amendment.

Under Amendment 5, the Council, FMFC, and NMFS would adopt a

protocol that describes the roles and positions of the Federal and

State governments in the management of the stone crab fishery. The

provisions of the protocol would be as follows:

1. The Council and NMFS acknowledge that the fishery is a State

fishery (which extends into the EEZ) in terms of current participants

in the directed fishery, major nursery, fishing, and landing areas, and

historical regulation; and it is a fishery requiring cooperative State/

Federal efforts for effective management through an FMP.

2. The Council and NMFS acknowledge that the State is managing and

will continue to manage the resource to protect and increase the long-

term yields and prevent depletion of the stone crab stocks and that the

State Administrative Procedure Act and rule implementation procedures,

including final approval of the rules by Governor and Cabinet, provide

ample and fair opportunity for all persons to participate in the

rulemaking procedure.

3. The FMFC acknowledges that rules proposed for implementation

under this amendment must be consistent with the management objectives

of the FMP, the national standards, other provisions of the Magnuson

Act, and other applicable Federal law. Federal rules will be

implemented in accordance with regulatory amendment procedures.

4. The Council and NMFS agree that, for any of the rules defined

within this amendment, the State may propose the rule directly to NMFS,

concurrently informing the Council of the nature of the rule, and that

NMFS will implement the rule within the EEZ, provided it is consistent

under protocol number 3. If the Council informs NMFS of its concern

that the rule may be inconsistent with the FMP and Federal law

(protocol number 3), NMFS will not implement the rule until the

Council, FMFC, and NMFS, or their representatives, meet and resolve the

issue.

5. The State will have the responsibility for collecting and

developing the information upon which to base the fishing rules, with

assistance by NMFS, as needed, and will cooperatively share the

responsibility for enforcement with the Federal agencies.

6. The FMFC will provide NMFS and the Council written explanations

of its decisions related to each of the rules (including a statement of

the problem that the rulemaking addresses, how the rule will solve the

problem, and how interested parties were involved in the rulemaking),

summaries of public comments, biological, economic and social analyses

of the impacts of the proposed rule and alternatives, and such other

information that is relevant.

7. The rules will apply to the management area (the EEZ off the

west coast of Florida and off the south side of the Florida Keys).

8. NMFS agrees that its staff will prepare the proposed (and final)

Federal rule. The Council agrees that its staff, with assistance by the

staffs of FMFC and NMFS, will prepare the environmental assessment,

regulatory impact review, and/or other documents required in support of

the rule.

The Council believes that using a regulatory amendment procedure

under the protocol would provide more flexible, responsive, and cost-

effective management of the stone crab fishery. The following rules or

regulatory changes could be implemented under the protocol: Limiting

the number of traps that may be fished by each vessel; the construction

characteristics of traps; gear and vessel identification requirements;

gear that may be used or prohibited in a directed fishery; bycatch

levels in non-directed fisheries; seasons; soak/removal periods and

requirements for traps; use, possession and handling of stone crabs

aboard vessels; and minimum legal sizes.

Concomitant with the proposed regulatory amendment procedure,

Amendment 5 proposes to add to the objectives of the FMP the following:

``Provide for a more flexible management system that minimizes

regulatory delay to assure more effective, cooperative state and

federal management of the fishery.''

These additional measures in Amendment 5 do not require

implementing regulations.

Additional background and rationale for the measures discussed

above are contained in Amendment 5, the availability of which was

announced in the Federal Register on September 30, 1994 (59 FR 49908).

Additional Measures Proposed by NMFS

In a significant number of sections, the stone crab regulations do

not conform to current standards applicable to other federally managed

fisheries in the Gulf of Mexico and off the southern Atlantic states.

Accordingly, NMFS proposes to revise the entire part 654. The

substantive changes proposed by NMFS are discussed below.

The purpose and scope section, Sec. 654.1, would be revised to

clarify the geographical scope of the regulations.

In Sec. 654.2, unused definitions would be removed and the address

of the Director, Southeast Region, NMFS, would be corrected.

The vessel and gear identification requirements, currently in

Sec. 654.4, are essentially identical to Florida's requirements. Since

all required identification markings would be issued by Florida,

separate Federal vessel and gear identification requirements would no

longer be necessary. Accordingly, this rule would refer to pertinent

rules of Florida for such requirements.

In Sec. 654.7, the prohibitions would be restated and prohibitions

would be added: (1) On using fishing gear in a manner to obstruct

fishing or damage vessels and gear; (2) on making a false statement to

an authorized officer; and (3) regarding interference with an

investigation, search, seizure, or disposition of seized property in

connection with enforcement of the Magnuson Act.

For uniformity and clarity, NMFS proposes to restate the seasonal

trawl closures in the area off the southwestern coast of Florida and in

the shrimp/stone crab separation zones in terms of ``trawling.''

Currently the regulations at Sec. 654.23 state these closures in terms

of ``trawl gear'' and ``fish(ing) for shrimp.'' For the southwestern

Florida closure, the change in terminology is not substantive. For the

shrimp/stone crab separation zones, the change would ease a

restriction, in that fishing for shrimp by traps would not be

prohibited in the zones/times in which fishing for shrimp is currently

prohibited. In terms of gear separation, which is the purpose of the

shrimp/stone crab separation zones, fixed gear and trawling would

continue to be separated. In addition, the description of the area of

the southwestern Florida seasonal trawl closure, and its depiction

currently in figure 1, would be clarified to describe and show only the

area that is in the EEZ.

The current regulations at Sec. 654.23(b)(2) prohibit intentional/

willful interference with fishing or obstruction or damage of a fishing

vessel or fishing gear. The placement of this prohibition in the

paragraph dealing with the shrimp/stone crab separation zones creates

an inference that it applies only in such zones. However, the rules

that originally implemented the prohibition stated that it applied ``in

the FCZ'' (49 FR 30713, August 1, 1984). The former FCZ (fisheries

conservation zone) is now the EEZ. Because such interference,

obstruction, or damage is reprehensible wherever it occurs, NMFS

proposes to clarify that these acts are prohibited throughout the

management area. The inclusion of the phrase ``with intent to'' and the

word ``willfully'' in the current language regarding these acts

significantly reduces their effectiveness--proof of intent or

willfulness is difficult. To enhance enforceability, NMFS proposes to

remove ``with intent to'' and ``willfully'' and substitute

``knowingly'' in each case. Proof of a violation would then hinge on

the placement, or use of articles or gear that cause obstruction or

damage, if such placement or use was other than by accident.

The procedures for creation or modification of the shrimp/stone

crab separation zones to prevent gear conflicts, currently at

Sec. 654.24 would be removed. These procedures apply to Florida

regulatory agencies, the Council, and NMFS and are contained in the

FMP. However, they are not regulatory in nature; that is, they do not

control the behavior of fishermen. Therefore, their inclusion in the

regulations is not necessary.

Classification

Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish

regulations proposed by a council within 15 days of receipt of an

amendment and regulations. At this time, NMFS has not determined that

Amendment 5 is consistent with the national standards, other provisions

of the Magnuson Act, and other applicable laws. NMFS, in making that

determination, will take into account the data, views, and comments

received during the comment period.

This action has been determined to be not significant for purposes

of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief Counsel for Advocacy of

the Small Business Administration that this proposed rule, if adopted,

would not have a significant economic impact on a substantial number of

small entities. The proposed moratorium on Federal registration of

stone crab vessels operating in the EEZ would not: (1) Reduce the

number of current participants in the fishery, harvest levels, or

annual gross revenues of participants; (2) affect production or

compliance costs of participants; (3) require capital investment to

comply with the rule; or (4) require a current participant to cease

business. As a result, a regulatory flexibility analysis was not

prepared.

List of Subjects in 50 CFR Part 654

Fisheries, Fishing.

Dated: October 28, 1994.

Charles Karnella,

Acting Deputy Assistant Administrator for Fisheries, National Marine

Fisheries.

For the reasons set out in the preamble, 50 CFR part 654 is

proposed to be revised to read as follows:

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

Subpart A--General Measures

Sec.

654.1 Purpose and scope.

654.2 Definitions.

654.3 Relation to other laws.

654.4 Permits and fees. [Reserved]

654.5 Recordkeeping and reporting. [Reserved]

654.6 Vessel and gear identification.

654.7 Prohibitions.

654.8 Facilitation of enforcement.

654.9 Penalties.

Subpart B--Management Measures

654.20 Seasons.

654.21 Harvest limitations.

654.22 Gear restrictions.

654.23 Southwest Florida seasonal trawl closure.

654.24 Shrimp/stone crab separation zones.

654.25 Prevention of gear conflicts.

654.26 Specifically authorized activities.

Appendix A to part 654--Figures

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

Subpart A--General Measures

Sec. 654.1 Purpose and scope.

(a) The purpose of this part is to implement the Fishery Management

Plan for the Stone Crab Fishery of the Gulf of Mexico, prepared by the

Gulf of Mexico Fishery Management Council under the Magnuson Act.

(b) This part governs conservation and management of stone crab and

restricts the trawl fishery in the management area.

(c) ``EEZ'' in this part 654 refers to the EEZ in the management

area, unless the context clearly indicates otherwise.

Sec. 654.2 Definitions.

In addition to the definitions in the Magnuson Act and in

Sec. 620.2 of this chapter, the terms used in this part have the

following meanings:

Management area means the EEZ off the west coast of Florida and off

the south side of the Florida Keys.

Regional Director means the Director, Southeast Region, NMFS, 9721

Executive Center Drive N., St. Petersburg, FL 33702, telephone: 813-

570-5301; or a designee.

Stone crab means Menippe mercenaria, M. adina, or the hybrid, M.

adina X M. mercenaria, or a part thereof.

Sec. 654.3 Relation to other laws.

(a) The relation of this part to other laws is set forth in

Sec. 620.3 of this chapter and paragraphs (b) and (c) of this section.

(b) The regulations in this part are intended to be compatible

with, and do not supersede, similar regulations in effect for the

Everglades National Park (36 CFR 7.45).

(c) The regulations in this part are intended to be compatible with

similar regulations and statutes in effect in Florida's waters.

Sec. 654.4 Permits and fees. [Reserved]

Sec. 654.5 Recordkeeping and reporting. [Reserved]

Sec. 654.6 Vessel and gear identification.

(a) An owner or operator of a vessel that is used to harvest stone

crabs by traps in the management area must comply with the vessel and

gear identification requirements applicable to the harvesting of stone

crabs by traps in Florida's waters, as specified in Rule 16N-8.001 and

Rule 46-13.002(2) (e) and (f), Florida Administrative Code. This

incorporation by reference was approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies

may be obtained from the Florida Marine Fisheries Commission, 2540

Executive Center Circle, West, Suite 106, Tallahassee, FL 32301;

telephone 904-487-0554. Copies may be inspected at the Southeast

Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,

FL 33702, or the Office of the Federal Register, 800 North Capitol

Street, NW., room 700, Washington, DC 20002.

(b) A stone crab trap or buoy in the EEZ that is not in compliance

with the gear identification requirements specified in paragraph (a)

above is illegal. Such trap or buoy, and any connecting lines, will be

considered unclaimed or abandoned property and may be disposed of in

any manner considered appropriate by the Secretary or an authorized

officer. An owner of such trap or buoy remains subject to appropriate

civil penalties. A stone crab trap will be presumed to be the property

of the most recently documented owner.

Sec. 654.7 Prohibitions.

In addition to the general prohibitions specified in Sec. 620.7 of

this chapter, it is unlawful for any person to do any of the following:

(a) Falsify or fail to display and maintain vessel and gear

identification, as required by Sec. 654.6(a).

(b) Possess a stone crab in the management area during the period

specified in Sec. 654.20(a).

(c) Possess a stone crab trap in the management area during the

period specified in Sec. 654.20(c).

(d) Remove from a stone crab in or from the management area, or

possess in the management area, a claw that is less than the minimum

size limit specified in Sec. 654.21(a).

(e) Fail to return immediately to the water unharmed an egg-bearing

stone crab, or strip eggs from or otherwise molest an egg-bearing stone

crab; as specified in Sec. 654.21(b).

(f) Hold a stone crab in or from the management area aboard a

vessel other than as specified in Sec. 654.21(c).

(g) Use or possess in the management area a stone crab trap that

does not have a biodegradable panel, as specified in Sec. 654.22(a).

(h) Pull or tend a stone crab trap in the management area other

than during daylight hours, as specified in Sec. 654.22(b).

(i) Willfully tend, open, pull, or otherwise molest another

fisherman's trap, buoy, or line in the management area, as specified in

Sec. 654.22(c).

(j) Trawl in a closed area or during a closed season, as specified

in Secs. 654.23 or 654.24, or as may be implemented under

Sec. 654.25(b).

(k) Place a stone crab trap in a closed area or during a closed

season, as specified in Sec. 654.24, or as may be implemented under

Sec. 654.25(b).

(l) Interfere with fishing or obstruct or damage fishing gear or

the fishing vessel of another, as specified in Sec. 654.25(a).

(m) Make any false statement, oral or written, to an authorized

officer concerning the taking, catching, harvesting, landing, purchase,

sale, possession, or transfer of stone crab.

(n) Interfere with, obstruct, delay, or prevent by any means an

investigation, search, seizure, or disposition of seized property in

connection with enforcement of the Magnuson Act.

Sec. 654.8 Facilitation of enforcement.

See Sec. 620.8 of this chapter.

Sec. 654.9 Penalties.

See Sec. 620.9 of this chapter.

Subpart B--Management Measures

Sec. 654.20 Seasons.

(a) Closed season. No person may possess a stone crab in the

management area from 12:01 a.m., local time, May 16, through 12:00

midnight, local time, October 14, each year. Holding a stone crab in a

trap in the water during a soak period or during a removal period (see

paragraph (b) of this section), or during any extension thereto, is not

deemed possession, provided that, if the trap is removed from the water

during such period, such crab is returned immediately to the water with

its claws unharvested.

(b) Placement of traps. (1) Prior to the fishing season, the period

of October 5 through October 14 is established as a trap soak period. A

stone crab trap may be placed in the management area not earlier than 1

hour before sunrise on October 5.

(2) After the fishing season, the period of May 16 through May 20

is established as a trap removal period. A stone crab trap must be

removed from the management area not later than 1 hour after sunset on

May 20, unless an extension to the removal period is granted by Florida

in accordance with Rule 46-13.002(2)(b), Florida Administrative Code.

This incorporation by reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

Copies may be obtained from the Florida Marine Fisheries Commission,

2540 Executive Center Circle, West, Suite 106, Tallahassee, FL 32301;

telephone 904-487-0554. Copies may be inspected at the Southeast

Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,

FL 33702, or the Office of the Federal Register, 800 North Capitol

Street, NW., Room 700, Washington, DC 20002. The extension

authorization must be carried aboard the fishing vessel. The operator

of a fishing vessel must present the authorization for inspection upon

request of an authorized officer.

(c) Possession of stone crab traps. A stone crab trap may not be

possessed in the management area from the end of the trap removal

period, or an extension thereto, to the beginning of the trap soak

period, as specified in paragraph (b) of this section. A stone crab

trap, float, or rope in the management area during this period will be

considered unclaimed or abandoned property and may be disposed of in

any manner considered appropriate by the Secretary or an authorized

officer. An owner of such trap, float, or rope remains subject to

appropriate civil penalties.

Sec. 654.21 Harvest limitations.

(a) Claw size. No person may remove from a stone crab in or from

the management area, or possess in the management area, a claw with a

propodus measuring less than 2.75 inches (7.0 cm), measured in a

straight line from the elbow to the tip of the lower immovable finger.

The propodus is the largest section of the claw assembly that has both

a movable and immovable finger and is located farthest from the body

when the entire appendage is extended. (See Appendix A, Figure 1.)

(b) Egg-bearing stone crabs. An egg-bearing stone crab in or from

the management area must be returned immediately to the water

unharmed--without removal of a claw. An egg-bearing stone crab may not

be stripped of its eggs or otherwise molested.

(c) Holding stone crabs. A live stone crab in or from the

management area may be held aboard a vessel until such time as a legal-

sized claw is removed, provided it is held in a container that is

shaded from direct sunlight and it is wet with sea water as necessary

to keep it in a damp condition. Containers holding stone crabs must be

stacked in a manner that does not compress the crabs. A stone crab body

from which a legal-sized claw has been removed must be returned to the

sea before the vessel reaches shore or a port or dock.

Sec. 654.22 Gear restrictions.

(a) Biodegradable panels. A stone crab trap used or possessed in

the management area must have a panel constructed of wood or cotton and

located on a side of the trap at least two slats above the bottom, or

on the top of the trap, which, when removed, will leave an opening in

the trap measuring at least 2.5 inches by 5 inches (6.35 cm by 12.7

cm).

(b) Daylight hours. A stone crab trap in the management area may be

pulled or tended during daylight hours only, that is, from 1 hour

before sunrise to 1 hour after sunset.

(c) Gear belonging to others. No fisherman may willfully tend,

open, pull, or otherwise molest another fisherman's trap, buoy, or line

in the management area without the prior written consent of that

fisherman.

Sec. 654.23 Southwest Florida seasonal trawl closure.

From January 1 to 1 hour after sunset (local time) May 20, each

year, the area described in this section is closed to trawling,

including trawling for live bait. The area is that part of the

management area shoreward of a line connecting the following points

(see Appendix A, Figure 2):

------------------------------------------------------------------------

Point North latitude West longitude

------------------------------------------------------------------------

B\1\....................... 26 deg.16' 81 deg.58.5'

C.......................... 26 deg.00' 82 deg.04'

D.......................... 25 deg.09' 81 deg.47.6'

E.......................... 24 deg.54.5' 81 deg.50.5'

M\1\....................... 24 deg.49.3' 81 deg.46.4'

------------------------------------------------------------------------

\1\On the seaward limit of Florida's waters.

Sec. 654.24 Shrimp/stone crab separation zones.

Five zones are established in the management area and Florida's

waters off Citrus and Hernando Counties for the separation of shrimp

trawling and stone crab trapping. The zones are as shown in Appendix A,

Figure 3. Although Zone II is entirely within Florida's waters, it is

included in this paragraph and Appendix A, Figure 3, 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. This incorporation by

reference was approved by the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be

obtained from the Florida Marine Fisheries Commission, 2540 Executive

Center Circle, West, Suite 106, Tallahassee, FL 32301; telephone 904-

487-0554. Copies may be inspected at the Southeast Regional Office,

NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, or the

Office of the Federal Register, 800 North Capitol Street, NW., Room

700, Washington, DC 20002. Geographical coordinates of the points

referred to in this paragraph and shown in Appendix A, Figure 3, are as

follows (loran readings are unofficial and are included only for the

convenience of fishermen):

----------------------------------------------------------------------------------------------------------------

Loran Chain 7980

Point North latitude West longitude ---------------------------------------------------

W X Y Z

----------------------------------------------------------------------------------------------------------------

A...................... 28 deg.59'30'' 82 deg.45'36'' 14416.5 31409.4 45259.1 62895.3

B...................... 28 deg.59'30'' 83 deg.00'10'' 14396.0 31386.3 45376.8 63000.0

C...................... 28 deg.26'01'' 82 deg.59'47'' 14301.5 31205.9 45103.2 63000.0

D...................... 28 deg.26'01'' 82 deg.56'54'' 14307.0 31212.2 45080.0 62981.3

E...................... 28 deg.41'39'' 82 deg.55'25'' 14353.7 31300.2 45193.9 62970.0

F...................... 28 deg.41'39'' 82 deg.56'09'' 14352.4 31298.6 45199.4 62975.0

G...................... 28 deg.48'56'' 82 deg.56'19'' 14372.6 31337.2 45260.0 62975.0

H...................... 28 deg.53'51'' 82 deg.51'19'' 14393.9 31371.8 45260.0 62938.7

I...................... 28 deg.54'43'' 82 deg.44'52'' (\1\) (\1\) (\1\) (\1\)

J...................... 28 deg.51'09'' 82 deg.44'00'' (\2\) (\2\) (\2\) (\2\)

K...................... 28 deg.50'59'' 82 deg.54'16'' 14381.6 31351.8 45260.0 62960.0

L...................... 28 deg.41'39'' 82 deg.53'56'' 14356.2 31303.0 45181.7 62960.0

M...................... 28 deg.41'39'' 82 deg.38'46'' (\3\) (\3\) (\3\) (\3\)

N...................... 28 deg.41'39'' 82 deg.53'12'' 14357.4 31304.4 45176.0 62955.0

O...................... 28 deg.30'51'' 82 deg.55'11'' 14323.7 31242.4 45104.9 62970.0

P...................... 28 deg.40'00'' 82 deg.53'08'' 14352.9 31295.7 45161.8 62955.0

Q...................... 28 deg.40'00'' 82 deg.47'58'' 14361.3 31305.4 45120.0 62920.0

R...................... 28 deg.35'14'' 82 deg.47'47'' 14348.6 31280.6 45080.0 62920.0

S...................... 28 deg.30'51'' 82 deg.52'55'' 14327.7 31247.0 45086.6 62955.0

T...................... 28 deg.27'46'' 82 deg.55'09'' 14315.2 31225.8 45080.0 62970.0

U...................... 28 deg.30'51'' 82 deg.52'09'' 14329.1 31248.6 45080.0 62949.9

----------------------------------------------------------------------------------------------------------------

\1\Crystal River Entrance Light 1A.

\2\Long Pt. (southwest tip).

\3\Shoreline.

(a) Zone I is enclosed by rhumb lines connecting, in order, points

A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points

A and J. It is unlawful to trawl in that part of Zone I that is in the

EEZ during the period October 5 through May 20, each year.

(b) Zone II is enclosed by rhumb lines connecting, in order, points

J, I, H, K, L, and M, plus the shoreline between points J and M.

(c) Zone III is enclosed by rhumb lines connecting, in order,

points P, Q, R, U, S, and P. It is unlawful to trawl in that part of

Zone III that is in the EEZ during the period October 5 through May 20,

each year.

(d) Zone IV is enclosed by rhumb lines connecting, in order, points

E, N, S, O, and E.

(1) It is unlawful to place a stone crab trap in that part of Zone

IV that is in the EEZ during the periods October 5 through December 1,

and April 2 through May 20, each year.

(2) It is unlawful to trawl in that part of Zone IV that is in the

EEZ during the period December 2 through April 1, each year.

(e) Zone V is enclosed by rhumb lines connecting, in order, points

F, G, K, L, and F.

(1) It is unlawful to place a stone crab trap in that part of Zone

V that is in the EEZ during the periods October 5 through November 30,

and March 16 through May 20, each year.

(2) It is unlawful to trawl in that part of Zone V that it is in

the EEZ during the period December 1 through March 15, each year.

(f) A stone crab trap, float, or rope in the management area during

a period not authorized by this section will be considered unclaimed or

abandoned property and may be disposed of in any manner considered

appropriate by the Secretary or an authorized officer. An owner of such

trap, float, or rope remains subject to appropriate civil penalties. A

stone crab trap will be presumed to be the property of the most

recently documented owner.

Sec. 654.25 Prevention of gear conflicts.

(a) No person may knowingly place in the management area any

article, including fishing gear, that interferes with fishing or

obstructs or damages fishing gear or the fishing vessel of another; or

knowingly use fishing gear in such a fashion that it obstructs or

damages the fishing gear or fishing vessel of another.

(b) In accordance with the procedures and restrictions of the

Fishery Management Plan for the Stone Crab Fishery of the Gulf of

Mexico, the Regional Director may modify or establish separation zones

for shrimp trawling and the use of fixed gear as may be necessary and

appropriate to prevent gear conflicts. Necessary prohibitions or

restrictions will be published in the Federal Register.

Sec. 654.26 Specifically authorized activities.

The Regional Director may authorize, for the acquisition of

information and data, activities otherwise prohibited by the

regulations in this part.

Appendix A to Part 654--Figures

Figure 1--Stone Crab Claw

Figure 2--Southwest Florida Seasonal Trawl Closure

Figure 3--Shrimp/Stone Crab Separation Zones

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TP07NO94.000

TP07NO94.001

TP07NO94.002

[FR Doc. 94-27371 Filed 11-2-94; 4:28 pm]

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