Coral and Coral Reefs of the Gulf of Mexico and South Atlantic

Federal RegisterDec 28, 1994

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 204 and 638

[Docket No. 940973-4352; I.D. 082394A]

RIN 0648-AF85

Coral and Coral Reefs of the Gulf of Mexico and South Atlantic

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; notice of OMB control numbers.

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SUMMARY: NMFS issues this final rule to implement Amendment 2 to the

Fishery Management Plan (FMP) for Coral and Coral Reefs of the Gulf of

Mexico and South Atlantic. Amendment 2: Prohibits the taking of wild

live rock in the exclusive economic zone (EEZ) off the southern

Atlantic states (South Atlantic) from the North Carolina/Virginia

boundary to the Dade/Broward County line in Florida and in the EEZ of

the Gulf of Mexico (Gulf), except off Florida north of Monroe County;

phases out wild live rock harvests in the South Atlantic EEZ south of

the Dade/Broward County line by 1996; phases out wild live rock

harvests in the Gulf EEZ off Florida north of Monroe County by 1997;

establishes restrictions on live rock harvesting and possession and

requires permits and reporting during the phase-out periods; and allows

and facilitates live rock aquaculture. In addition, NMFS amends the

regulations to correct and conform them to current standards, informs

the public of the approval by the Office of Management and Budget (OMB)

of new collection-of-information requirements contained in this rule,

and publishes the OMB control number for those collections.

EFFECTIVE DATE: December 22, 1994, except that Sec. 638.25(c)(3) is

effective December 22, 1994, through December 31, 1994, and

Secs. 638.4(a)(1)(iv)(A) and (h)(2) and 638.7(a)(4) are effective March

1, 1995.

FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.

SUPPLEMENTARY INFORMATION: The FMP for Coral and Coral Reefs of the

Gulf of Mexico and South Atlantic was prepared by the South Atlantic

Fishery Management Council (South Atlantic Council) and the Gulf of

Mexico Fishery Management Council (Gulf Council) and is implemented

through regulations at 50 CFR part 638 under the authority of the

Magnuson Fishery Conservation and Management Act (Magnuson Act). With

implementation of Amendment 2, the single FMP is separated into two

FMPS--the FMP for Coral and Coral Reefs off the Southern Atlantic

States under the purview of the South Atlantic Council and the FMP for

Coral and Coral Reefs of the Gulf of Mexico under the purview of the

Gulf Council. Regulations implementing both FMPs remain in 50 CFR part

638.

At the request of the Gulf Council, NMFS published an emergency

interim rule on May 16, 1994 (59 FR 25344), effective May 16 through

August 14, 1994, and extended the rule, with modifications, through

November 12, 1994 (59 FR 42533; August 18, 1994). At the request of the

South Atlantic Council, NMFS published an emergency interim rule on

June 27, 1994 (59 FR 32938), effective through September 26, 1994, and

extended the rule through December 25, 1994 (59 FR 47563; September 16,

1994). When the 1994 quota was reached, the live rock fishery in the

South Atlantic EEZ was closed November 1, 1994, through December 25,

1994 (59 FR 54841; November 2, 1994). These rules were intended to slow

the rate of harvest, prevent serious damage to habitat, and prevent

geographical extension of harvest until long-term measures could be

implemented through Amendment 2. This final rule implements the

measures contained in Amendment 2, which include the basic measures in

the emergency interim rules.

The rationale for the measures in Amendment 2 and for additional

measures proposed by NMFS were contained in the proposed rule (59 FR

49377, September 28, 1994) and are not repeated here.

Comments and Responses

Comments on the proposed rule were received through November 7,

1994, and are summarized below, according to subject, followed by NMFS'

response:

Harvests off the Florida Panhandle

Comment: The Florida Marine Fisheries Commission (Florida), Georgia

Department of Natural Resources (Georgia), the Professional Association

of Diving Instructors (PADI), and the Center for Marine Conservation

(CMC) recommend that NMFS close the EEZ off the Florida Panhandle to

live rock harvesting during the harvest phase-out period. The following

local groups also requested an immediate ban on harvesting: Okaloosa

County Board of Commissioners; City of Destin; Destin Charter Boat

Association; Destin Fisherman's Cooperative Association, Inc.; Okaloosa

County Economic Development Council; Destin Fishing Fleet, Inc.;

Emerald Coast Convention and Visitors Bureau; South Walton Tourist

Development Council; 16 local businesses, including nine dive shops;

and 24 private citizens. These commenters requested closure of the EEZ

off the Panhandle because hard bottom areas in the northern Gulf are

scarce, and thus more vulnerable to overfishing. They indicated that

similar environments off Alabama, Louisiana, Mississippi, and Texas

will be closed to live rock harvesting under Amendment 2 and that

closures in the South Atlantic will result in shifting of harvesting

effort to the Gulf area where harvesting is still allowed. They also

indicated there will be adverse economic impacts on sport fishing,

diving, and tourism in the Florida Panhandle due to destruction of

valuable reef habitats.

Response: At its November meeting, the Gulf Council decided to

include among options being considered in FMP Amendment 3 a management

measure to close the EEZ off the Panhandle area. Amendment 3 is on the

agenda for the next Gulf Council meeting in January 1995. NMFS' options

were, however, to approve, disapprove, or partially disapprove the

Council's recommendations in Amendment 2; disapproval of Amendment 2

would not have resulted in an immediate prohibition on harvests.

National Standard 4 of the Magnuson Act

Comment: Florida and PADI claim that the Gulf Council has violated

national standard 4 of the Magnuson Act by treating Florida residents

differently from residents of Texas, Alabama, Mississippi, and

Louisiana. They assert that only in the Gulf off Florida, and

especially in the Panhandle area, is the harvest of wild live rock

allowed to continue during a phase-out period. These commenters believe

that Florida fishermen and citizens are being denied the protections

that are being extended to the other states.

Response: NMFS disagrees. National standard 4 states:

Conservation and management measures shall not discriminate between

residents of different states. If it becomes necessary to allocate or

assign fishing privileges among various United States fishermen, such

allocation shall be (A) fair and equitable to all such fishermen; (B)

reasonably calculated to promote conservation; and (C) carried out in

such a manner that no particular individual, corporation, or other

entity acquires an excessive share of such privileges.

The Gulf Council's recommendation, and NMFS' decision, to allow

wild live rock harvests off Florida merely continues existing fishing

practices and has no discriminatory effect. Citizens of other states

may participate in the fishery off Florida; however, the only known

landings of live rock from this area have been made by Florida

citizens. Amendment 2 does not violate national standard 4 by allowing

live rock harvesting off Florida during the phase-out period,

especially since it also establishes mitigating or restrictive measures

limiting the extent and effects of this harvest, such as gear

limitations and a daily vessel limit.

Live Rock Quota in the Gulf

Comment: Florida, Georgia, CMC, and PADI urged NMFS to impose a

quota in the Gulf to prevent serious depletion of resources during the

harvest phase-out period. They are especially concerned that when South

Atlantic quotas are met the Gulf will become the sole domestic source

of wild live rock.

Response: NMFS cannot use Amendment 2 to impose measures not

recommended (or rejected) by the Councils. The Gulf Council is

preparing Amendment 3 to the FMP specifically to address live rock

quotas. Amendment 3 will be under consideration at the Gulf Council's

meeting in January 1995.

Octocorals

Comment: Florida asked NMFS not to approve the provision that

allows the harvest in the Gulf of Mexico off Florida of rock substrate

within 3 inches (7.6 cm) of the base of an allowable octocoral. At

recent State public hearings on the issue, live rock harvesters

testified that, especially in the Florida Keys, it would be easy to

pick up 6-inch (15.2-cm) rocks with small octocorals attached and that

this provision will allow the harvest of wild live rock to continue

under the octocoral quota. Under recently published State rules, only

the substrate within 1 inch (2.5 cm) of the holdfast will be allowed to

be landed anywhere in Florida under the octocoral quota.

Response: Individuals harvesting octocorals for the aquarium

industry testified that they need some attached substrate to anchor the

octocoral in the aquarium. This rule defines ``allowable octocorals''

to include the substrate within 1 inch (2.5 cm) of the octocoral in the

EEZ off the southern Atlantic states and the substrate within 3 inches

(7.6 cm) of the octocoral in the Gulf EEZ. However, according to a

long-standing policy on octocoral regulations, the more restrictive

state or Federal rule applies. (See old Sec. 638.4(a)(2)(ii) or new

Sec. 638.3(c)). In this case, since Florida now has a 1-inch (2.5-cm)

rule, Sec. 638.3(c) would require a person landing allowable octocorals

in Florida (on both the east and Gulf coasts) to comply with the more

restrictive State regulation. Individuals harvesting allowable

octocorals in the Gulf EEZ and landing outside Florida would still be

able to take attached substrate up to 3 inches (7.6 cm) from the

octocoral.

Separation of the FMP into Two Jurisdictions

Comment: The U.S. Fish and Wildlife Service and the State of

Georgia recommended that NMFS approve the separation of the FMP into

two fishery management plans, one covering coral and coral reef

resources in the Gulf EEZ and one for such resources in the EEZ of the

South Atlantic. Florida does not oppose separation but is concerned

that it will result in management objectives and regulations that are

inconsistent between Florida's east and west coasts. One live rock

harvester asked for consistent rules in both jurisdictions and two

harvesters claimed that the inconsistent regulations give Florida west

coast firms an unfair commercial advantage over the southeast

commercial interests.

Response: NMFS approved the separation of the FMP into two fishery

management plans because: both Councils have requested it; the resource

is sessile and will not move between adjacent Council jurisdictions;

and the public may benefit due to decreased travel costs for attending

Council meetings--members of the public who use the resource under the

jurisdiction of only one or the other Council will only need to attend

the meetings of one Council. It does appear that there may be an

increasing divergence between the management regimes of the two

Councils. Any economic advantage accruing to the west coast dealers in

live rock will be short-lived since the harvest of wild live rock in

the Gulf will end on January 1, 1997. The Gulf Council is considering

adopting harvest quotas for wild live rock for 1995 and 1996.

Accuracy of Scientific Data

Comment: Two live rock harvesters questioned the accuracy of

scientific data in Amendment 2, specifically the relationship between

live rock harvest and reef fish habitat availability and the

nonrenewable nature of the live rock resource.

Response: The NMFS Southeast Fisheries Science Center has certified

that the management measures contained in Amendment 2 are based on the

best scientific information available.

Phase-out Dates

Comment: The Pet Industry Joint Advisory Council (PIJAC), American

Aquarist Society (AAS), Marine Aquarium Societies of North America

(MASNA), six pet shops, and five individuals objected to the January 1,

1996, termination date for wild live rock harvests in the South

Atlantic area. These commenters believe that there may not be enough

time to develop aquaculture to replace these wild harvests. On the

other hand, PADI asked NMFS to move up the phase-out dates to 1995 in

the South Atlantic and 1996 in the Gulf EEZ. The Environmental Defense

Fund (EDF) said that waiting to ban live rock collection, in certain

areas off Florida, until an aquaculture industry is in place creates no

incentives for the development of the industry. EDF believes that it is

not NMFS' responsibility to ensure that an aquaculture industry exists

to replace fisheries that must be shut down because they are

unsustainable.

Response: NMFS has approved the phase-out dates requested by the

Councils as part of Amendment 2. Approval of these dates by NMFS was

based on an agency determination that these dates represent a

reasonable balancing of concerns for the live rock resource and

concerns for the effect of immediate closures on the aquarium industry.

Following a series of public hearings and discussions beginning in

1993, the South Atlantic Council weighed the requests of live rock

harvesters for time to produce a marketable aquaculture product against

the continuing loss of fisheries habitat and the potential degradation

of the Florida Reef Tract from wild live rock harvests in the South

Atlantic area. The Council decided that January 1, 1996, or

approximately a 1-year delay in a ban on commercial harvests was

reasonable, especially since testimony indicated that a marketable

product could be produced from base rock in about one year. Eliminating

or reducing the phase-out periods, as some commenters suggested, were

options rejected by the Councils because of the unacceptable adverse

economic impacts on live rock harvesters.

Personal-Use Harvests

Comment: PIJAC, AAS, MASNA, six pet shops, and five individuals

asked for a personal-use allowance of a 5-gal bucket (19-L) container

of live rock per person per day. EDF believes that this allowance is an

excessive amount to maintain one aquarium and is concerned about

enforcement problems and the potential for abuse. EDF requests that the

potential impacts of such a provision be closely examined.

Response: In developing Amendment 2, the Council and NMFS rejected

a personal-use harvest that could result in a total of up to 1,825 gal

(6,908 L) of live rock per person per year. The harvest of wild live

rock is a take of an essentially nonrenewable resource and results in a

net loss of fishery habitat. While NMFS agreed with the Councils' final

recommendation to delay the ban on commercial harvests in order to

mitigate adverse economic impacts on the industry and allow a

transition to live rock aquaculture, this justification is not

applicable to the recreational sector. Further, live rock is likely to

contain prohibited corals. Commercial harvesters testified that they

must carefully choose pieces to avoid taking prohibited corals.

Occasional recreational divers are less likely to be able to make these

distinctions and any allowable recreational take of live rock could

result in increased takes of prohibited corals. Finally, the State of

Florida banned both commercial and recreational harvest of live rock

from State waters in 1989. A personal-use harvest from the EEZ off

Florida could seriously complicate State enforcement efforts. The Gulf

Council intends to reconsider this issue during development of FMP

Amendment 3.

Aquaculture Permits

Comment: Florida, Georgia, and the CMC support the live rock

aquaculture provisions. Pet industry groups and two commercial

harvesters are concerned about delays in development of permit systems

for aquaculture. PADI believes that aquaculture development should

occur away from the natural environment so as to provide supervisory

agencies the ability to monitor aquaculture activities without

ambiguity between what may be harvesting aquacultured versus wild live

rock. The South Atlantic Council forwarded the minutes of its Coral

Advisory Panel (AP) meeting that resulted in recommended changes to the

draft aquacultured live rock permit criteria. The AP was particularly

concerned that any required site evaluation report be prepared by an

independent source to eliminate bias and that placement of rocks used

for aquaculture be conducted in an environmentally sound manner.

Response: NMFS and the U.S. Army Corps of Engineers (COE) are

developing a coordinated permit system for live rock aquaculture that

will expedite applications. Rather than requiring application to both

agencies, one to COE for deposition of materials in Federal waters and

one to NMFS for harvest and possession of live rock in the EEZ, permits

will be issued by NMFS that will, among other things, authorize

individuals to deposit materials under a COE general permit. Several

individuals will be ``grandfathered'' into the COE permit because they

already hold COE individual permits under the authority of the Rivers

and Harbors Act, and have placed rocks in designated sites for the

purpose of live rock aquaculture. These individuals will still need to

apply for a NMFS harvest and possession permit and abide by NMFS'

reporting and other regulatory requirements. The COE general permit is

expected to be available in January 1995. Land-based aquaculture, as

suggested by PADI, was opposed by the live rock harvesting industry

representatives that attended State of Florida and Council public

hearings on this issue because it is costly and technically more

difficult than open-water aquaculture.

As a result of the Coral AP's recommendations, NMFS has made

certain changes from the proposed rule. The site survey, which is

required to be submitted with an application for an aquacultured live

rock permit, must be prepared pursuant to generally accepted industry

standards. Additionally, clarifications have been made to the

deposition procedures for live rock aquaculture to further the intent

of the permit criteria, namely, the protection of natural hardbottom

areas. Thus, this final rule explains that the rocks must be placed by

hand or lowered completely to the bottom under restraint, that is, not

allowed to fall freely, and must be placed from a vessel that is

anchored to help ensure that the deposited materials do not drift onto

natural hardbottom or vegetated areas.

Concerns of the South Atlantic Council

Comment: The South Atlantic Council expressed its concern about

certain proposed measures. It reiterated that allowable octocorals in

the South Atlantic include only the substrate covered by and within 1

inch (2.5 cm) of the holdfast and noted that Florida intended to

establish this definition in its waters. Also, the Council reiterated

its request for a separate FMP for coral and coral reef resources in

the area of its jurisdiction and noted its intent to prohibit chipping

under aquaculture permits through a subsequent FMP amendment.

Response: NMFS refers the Council to discussions above regarding

the amount of substrate that can be landed with an allowable octocoral.

In light of Florida's recent publication of a rule allowing the landing

of only 1 inch (2.5 cm) of substrate surrounding the octocoral,

individuals landing allowable octocorals in Florida will have to abide

by the more restrictive State rule. NMFS has agreed to the South

Atlantic Council's request and divided the single, joint Council FMP

into two FMPs, each under the respective jurisdiction of the Gulf and

South Atlantic Councils. Regarding chipping, the final rule prohibits

this practice in areas of the South Atlantic where wild live rock

harvesting is allowed, i.e., south of the Dade/Broward County line in

Florida. Amendment 2 does not give NMFS the authority to address

aquaculture permits in the South Atlantic. However, the Council is free

to include a chipping prohibition in the aquaculture measures it

intends to forward for NMFS approval early next year.

Approval of Amendment 2

On November 25, 1994, the Director, Southeast Region, NMFS

(Regional Director), approved Amendment 2.

Changes from the Proposed Rule

As discussed above, Sec. 638.4(b)(4) is revised to require that the

site survey, which is required to be submitted with an application for

an aquacultured live rock permit, be prepared pursuant to generally

accepted industry standards.

By emergency interim rule, a quota for wild live rock from the EEZ

off the southern Atlantic states was established for the current

fishing year. That quota was reached and the fishery was closed

effective November 1, 1994. Accordingly, the quota for the current

fishing year is removed from Sec. 638.25(c)(1) and provisions for

continuing the closure through December 31, 1994, are temporarily added

at Sec. 638.25(c)(3).

As noted above, Sec. 638.27(b)(2) is revised to require that

material deposited on an aquaculture site must be placed on the site by

hand or lowered completely to the bottom under restraint (that is, not

allowed to fall freely) and must be placed from a vessel that is

anchored.

Classification

The Regional Director determined that Amendment 2 is necessary for

the conservation and management of coral and coral reefs off the

southern Atlantic states and in the Gulf of Mexico and that it is

consistent with the Magnuson Act and other applicable law.

This action has been determined to be not significant for purposes

of E.O. 12866.

The Councils prepared a final supplemental environmental impact

statement (FSEIS) for Amendment 2; a notice of availability was

published on August 29, 1994 (59 FR 44398). According to the FSEIS, the

measures contained in Amendment 2 will benefit the natural environment

by phasing out activities that result in damage to live bottom habitat

areas. Potential adverse economic impacts on fishermen will be

mitigated by the harvest of aquacultured live rock.

The Councils prepared an initial regulatory flexibility analysis

(RFA) for this action. The initial RFA has been adopted as final

without change. The initial and final RFAs conclude that this action

may have a significant economic impact on a substantial number of small

entities. The specifics of that conclusion are summarized in the

proposed rule and are not repeated here. Copies of the document may be

obtained from the Gulf of Mexico Fishery Management Council, 5401 W.

Kennedy Boulevard, Suite 331, Tampa, FL 33609-2486, FAX 813-225-7015,

or from the South Atlantic Fishery Management Council, Southpark

Building, One Southpark Circle, Suite 306, Charleston, SC 29407- 4699,

FAX 803-769-4520.

This final rule contains collection-of-information requirements

subject to the Paperwork Reduction Act--specifically, applications for

permits to take wild live rock, applications for permits to take

aquacultured live rock, site evaluation reports for aquacultured live

rock, reports of live rock harvests, and notification of intent to

harvest aquacultured live rock. These collections of information have

been approved by OMB under OMB control numbers 0648-0205, and 0648-

0016. The public reporting burdens for these collections of information

are estimated to average 15, 15, 45, 15, and 2 minutes per response,

respectively, including the time for reviewing instructions, searching

existing data sources, gathering and maintaining the data needed, and

completing and reviewing the collection of information. This rule also

revises a collection-of-information requirement subject to the

Paperwork Reduction Act--namely, applications for prohibited coral,

allowable chemical, and allowable octocoral permits. This collection of

information is estimated to average 15 minutes per response and was

previously approved by OMB under OMB control number 0648-0205. Send

comments regarding these burden estimates or any other aspect of the

collections of information, including suggestions for reducing the

burdens, to Edward E. Burgess, NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702 and to the Office of Information and

Regulatory Affairs, OMB, Washington, DC 20503 (Attention: NOAA Desk

Officer).

In the EEZ off the southern Atlantic states, the substantive

measures in this final rule, that is, non-administrative measures that

affect the conservation of coral and coral reefs, are currently in

effect under an emergency interim rule. In the EEZ of the Gulf of

Mexico, the substantive measures were in effect through November 12,

1994, under an emergency interim rule. It is in the public interest to

continue the effectiveness of these measures off the southern Atlantic

states without hiatus and to minimize the period of time that these

measures are not in effect in the Gulf of Mexico. The other measures in

this final rule are continuations or clarifications of existing

measures or administrative measures that do not affect current fishing

practices. Delay in effectiveness of these other measures serves no

useful purpose and is not in the public interest. Accordingly, the

Assistant Administrator for Fisheries, NOAA, finds for good cause,

under section 553(d)(3) of the Administrative Procedure Act, that the

effectiveness of this final rule should not be delayed.

List of Subjects

50 CFR Part 204

Reporting and recordkeeping requirements.

50 CFR Part 638

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: December 21, 1994.

Charles Karnella,

Acting Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR parts 204 and 638

are amended as follows:

PART 204--OMB CONTROL NUMBERS FOR NOAA INFORMATION COLLECTION

REQUIREMENTS

1. The authority citation for part 204 continues to read as

follows:

Authority: Paperwork Reduction Act of 1980, 44 U.S.C. 3501-3520

(1982).

Sec. 204.1 [Amended]

2. In Sec. 204.1(b), the table is amended by removing from the left

column ``638.4(g)'' and ``638.7'', and their corresponding entries in

the right column, and by adding in their place, in the left column, in

numerical order, ``638.4'', ``638.5'', and ``638.27(d)'' and in the

right column, in corresponding positions, the control numbers ``-

0205'', ``-0205'', and ``-0016''.

PART 638--CORAL AND CORAL REEFS OF THE GULF OF MEXICO AND THE SOUTH

ATLANTIC

3. The authority citation for part 638 continues to read as

follows:

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

4. Section 638.1 is revised to read as follows:

Sec. 638.1 Purpose and scope.

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

Plan for Coral and Coral Reefs off the Southern Atlantic States and the

Fishery Management Plan for Coral and Coral Reefs of the Gulf of Mexico

developed under the Magnuson Act by the South Atlantic Fishery

Management Council and the Gulf of Mexico Fishery Management Council,

respectively.

(b) This part governs conservation and management of coral, coral

reefs, and live rock in the EEZ off the southern Atlantic states and in

the Gulf of Mexico. ``EEZ'' in this part 638 refers to the EEZ in those

geographical areas, unless the context clearly indicates otherwise.

5. In Sec. 638.2, the definition of ``Scientific and educational

purpose'' is removed; in the definition of ``Allowable chemical'',

paragraphs (a) and (b) are redesignated as paragraphs (1) and (2),

respectively; the definitions of ``Allowable octocoral'', ``HAPC'',

``Prohibited coral'', and ``Regional Director'' are revised; and new

definitions of ``Aquacultured live rock'', ``Chipping'', ``Gulf of

Mexico'', ``Live rock'', ``Off the southern Atlantic states'',

``Scientific, educational, or restoration purpose'', ``Trip'', and

``Wild live rock'' are added in alphabetical order to read as follows:

Sec. 638.2 Definitions.

* * * * *

Allowable octocoral means an erect, nonencrusting species of the

subclass Octocorallia, except the seafans Gorgonia flabellum and G.

ventalina, plus the attached substrate--

(1) Within 1 inch (2.54 cm) of an allowable octocoral in or from

the EEZ off the southern Atlantic states; and

(2) Within 3 inches (7.62 cm) of an allowable octocoral in or from

the Gulf of Mexico EEZ.

Aquacultured live rock means live rock that is harvested under an

aquacultured live rock permit issued pursuant to Sec. 638.4.

Chipping means breaking up reefs, ledges, or rocks into fragments,

usually by means of a chisel and hammer.

* * * * *

Gulf of Mexico means the waters off the southern states from the

boundary between the Atlantic Ocean and the Gulf of Mexico, as

specified in Sec. 601.11(c) of this chapter, to the Texas/Mexico

border.

HAPC means habitat area of particular concern.

Live rock means living marine organisms, or an assemblage thereof,

attached to a hard substrate, including dead coral or rock (excluding

individual mollusk shells).

Off the southern Atlantic states means the waters off the east

coast from 36 deg.34'55'' N. lat. (extension of the Virginia/North

Carolina boundary) to the boundary between the Atlantic Ocean and the

Gulf of Mexico, as specified in Sec. 601.11(c) of this chapter.

Prohibited coral means--

(1) Coral belonging to the Class Hydrozoa (fire corals and

hydrocorals);

(2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia,

Orders Scleractinia (stony corals) and Antipatharia (black corals);

(3) A seafan, Gorgonia flabellum or G. ventalina;

(4) Coral in a coral reef, except for allowable octocoral; or

(5) Coral in an HAPC, including allowable octocoral.

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

Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-

5301; or a designee.

* * * * *

Scientific, educational, or restoration purpose means the objective

of gaining knowledge for the benefit of science, humanity, or

management of coral or returning a disturbed habitat as closely as

possible to its original condition.

* * * * *

Trip means a fishing trip, regardless of number of days duration,

that begins with departure from a dock, berth, beach, seawall, or ramp

and that terminates with return to a dock, berth, beach, seawall, or

ramp.

Wild live rock means live rock other than aquacultured live rock.

6. In Sec. 638.3, in paragraph (a), the reference to ``paragraph

(b) of this section'' is revised to read ``paragraphs (b) and (c) of

this section''; and paragraph (c) is added to read as follows:

Sec. 638.3 Relation to other laws.

* * * * *

more restrictive than a catch, landing, or gear regulation in this

part, a person landing in such state allowable octocoral taken from the

EEZ must comply with the more restrictive state regulation.

Secs. 638.8, 638.6 [Redesignated as Secs. 638.9, 638.8]

7. Section 638.8 is redesignated as Sec. 638.9; Sec. 638.6 is

redesignated as Sec. 638.8; Secs. 638.4, 638.5, and 638.7 are revised,

and new Sec. 638.6 is added to read as follows:

(Note: This revision supersedes the amendments to Sec. 638.5

published in the emergency interim rule on June 27, 1994 (59 FR

32933) and extended on September 16, 1994 (59 FR 47563).)

Sec. 638.4 Permits and fees.

(a) Applicability. (1) Federal permits. Federal permits are

required for specified activities in the EEZ as follows:

(i) Prohibited coral. A Federal permit is required for an

individual to take or possess prohibited coral and will be issued only

when the prohibited coral will be used for a scientific, educational,

or restoration purpose.

(ii) Allowable chemical. A Federal permit is required for an

individual to take or possess fish or other marine organisms with an

allowable chemical in a coral area, other than fish or other marine

organisms that are landed in Florida.

(iii) Allowable octocoral. A Federal permit is required for an

individual to take or possess allowable octocoral, other than allowable

octocoral that is landed in Florida.

(iv) Wild live rock. (A) A Federal permit is required for a vessel

to take or possess wild live rock. A wild live rock vessel permit will

not be issued unless the current owner of the vessel for which the

permit is requested had the required Florida permit and endorsements

for live rock on or before February 3, 1994, and a record of landings

of live rock on or before February 3, 1994, as documented on trip

tickets received by the Florida Department of Environmental Protection

before March 15, 1994. For landings other than in Florida, equivalent

state permits/endorsements, if required, and landing records may be

substituted for the Florida permits/endorsements and trip tickets. An

owner will not be issued permits in numbers exceeding the number of

vessels for which the owning entity had the requisite reported

landings. An owner of a permitted vessel may transfer the vessel permit

to another vessel owned by the same person by returning the existing

permit with an application for a vessel permit for the replacement

vessel.

(B) A Federal permit is required for an individual to take or

possess wild live rock for a scientific, educational, or restoration

purpose and an individual permit will be issued only for such purpose.

Such individual wild live rock permit may authorize the taking and

possession of wild live rock in or from areas not otherwise allowed by

the regulations in this part.

(v) Aquacultured live rock. A Federal permit is required for a

person to take or possess aquacultured live rock. Each aquacultured

live rock permit will be issued for a specific site, which may not

exceed 1 acre (0.4 ha). Aquacultured live rock permits are available

only for harvests in the Gulf of Mexico.

(2) Florida permits. Appropriate Florida permits and endorsements

are required for the following activities, without regard to whether

they involve activities in the EEZ or Florida's waters:

(i) Landing in Florida fish or other marine organisms taken with an

allowable chemical in a coral area.

(ii) Landing allowable octocoral in Florida.

(iii) Landing live rock in Florida.

(b) Application. An application for a Federal permit must be signed

and submitted by the applicant on an appropriate form, which may be

obtained from the Regional Director. The application must be submitted

to the Regional Director at least 30 days prior to the date on which

the applicant desires to have the permit made effective. Information

must be provided as follows:

(1) Basic information. (i) Name, mailing address including zip

code, telephone number, social security number, and date of birth of

the applicant.

(ii) Name and address of any affiliated company, institution, or

organization.

(iii) Information concerning vessels and harvesting gear/methods

requested by the Regional Director.

(iv) Any other information that may be necessary for the issuance

or administration of the permit.

(2) Scientific, educational, or restoration purpose. An applicant

for a prohibited coral permit or a wild live rock permit for a

scientific, educational, or restoration purpose must specify the amount

and size of prohibited coral or wild live rock to be harvested, by

species, its intended use, and proposed locations and periods of

fishing.

(3) Allowable chemical. An applicant for an allowable chemical

permit must specify the type of chemical to be used, species to be

harvested and their intended use, and proposed locations and periods of

fishing.

(4) Aquacultured live rock. An applicant for an aquacultured live

rock permit must identify each vessel that will be depositing material

on or harvesting aquacultured live rock from the proposed aquacultured

live rock site, must specify the port of landing of aquacultured live

rock, and must provide a site evaluation report prepared pursuant to

generally accepted industry standards that--

(i) Provides accurate coordinates of the proposed harvesting site

so that it can be located using LORAN or Global Positioning System

equipment;

(ii) Shows the site on a chart in sufficient detail to determine

its size and allow for site inspection;

(iii) Discusses possible hazards to safe navigation or hindrance to

vessel traffic, traditional fishing operations, or other public access

that may result from aquacultured live rock at the site;

(iv) Describes the naturally occurring bottom habitat at the site;

and

(v) Specifies the type and origin of material to be deposited on

the site and how it will be distinguishable from the naturally

occurring substrate.

a vessel, or a person with a permit must notify the Regional Director

within 30 days after any change in the application information

specified in paragraph (b) of this section. The permit is void if any

change in the information is not reported within 30 days.

(d) Fees. A fee is charged for each permit application submitted

under paragraph (b) of this section. The amount of the fee is

calculated in accordance with the procedures of the NOAA Finance

Handbook for determining the administrative costs of each special

product or service. The fee may not exceed such costs and is specified

with each application form. The appropriate fee must accompany each

application.

(e) Issuance. (1) The Regional Director will issue a permit at any

time to an applicant if the application is complete. An application is

complete when all requested forms, information, and documentation have

been received and the applicant has submitted all applicable reports

specified at Sec. 638.5.

(2) Upon receipt of an incomplete application, the Regional

Director will notify the applicant of the deficiency. If the applicant

fails to correct the deficiency within 30 days of the date of the

Regional Director's letter of notification, the application will be

considered abandoned.

(f) Duration. A permit remains valid for the period specified on it

unless it is revoked, suspended, or modified pursuant to subpart D of

15 CFR part 904 or the permitted vessel is sold.

(g) Transfer. A permit issued pursuant to this section is not

transferable or assignable, except as provided under paragraph

(a)(1)(iv)(A) of this section for a wild live rock vessel permit. An

individual or person who desires to conduct an activity for which a

permit is required must apply for a permit in accordance with the

provisions of paragraph (b) of this section. The application must be

accompanied by a copy of a signed bill of sale or equivalent

acquisition papers if the application involves a current permit for

aquacultured live rock.

(h) Display. (1) An individual permit issued pursuant to this

section must be available when the permitted activity is being

conducted, including the landing of species taken as a result of that

activity.

(2) A vessel permit for wild live rock issued pursuant to this

section must be carried on board the vessel and such vessel must be

identified as required by Sec. 638.6.

(3) An aquacultured live rock permit issued pursuant to this

section, or a copy, must be carried on board a vessel depositing or

possessing material on an aquacultured live rock site or harvesting or

possessing live rock from an aquacultured live rock site, and such

vessel must be identified as provided for in Sec. 638.6.

(4) The operator of a vessel or an individual must present the

permit for inspection upon the request of an authorized officer.

(i) Sanctions and denials. A permit issued pursuant to this section

may be revoked, suspended, or modified, and a permit application may be

denied, in accordance with the procedures governing enforcement-related

permit sanctions and denials found at subpart D of 15 CFR part 904.

(j) Alteration. A permit that is altered, erased, or mutilated is

invalid.

(k) Replacement. A replacement permit may be issued. An application

for a replacement permit will not be considered a new application. A

fee, the amount of which is stated with the application form, must

accompany each request for a replacement.

Sec. 638.5 Recordkeeping and reporting.

(a) An individual with a Federal prohibited coral or wild live rock

permit for a scientific, educational, or restoration purpose must

submit a report of harvest to the Regional Director. Specific reporting

requirements will be provided with the permit.

(b) An individual with a Federal allowable octocoral permit must

submit a report of harvest to the Science and Research Director.

Specific reporting requirements will be provided with the permit.

the Regional Director each deposition of material on a site. Such

reports must be postmarked not later than 7 days after deposition and

must contain the following information:

(1) Permit number of site and date of deposit.

(2) Geological origin of material deposited.

(3) Amount of material deposited.

(4) Source of material deposited, that is, where obtained, if

removed from another habitat, or from whom purchased.

(d) The owner of a vessel that takes wild live rock, and a person

who takes aquacultured live rock that is landed in Florida, must submit

Florida trip tickets as required by Florida statutes and regulations.

(e) A person who takes aquacultured live rock that is landed other

than in Florida must submit a report of harvest to the Regional

Director. Specific reporting requirements will be provided with the

permit.

(f) Additional data will be collected by authorized statistical

reporting agents, as designees of the Science and Research Director,

and by authorized officers. An owner or operator of a fishing vessel,

an individual or person with a coral permit issued pursuant to

Sec. 638.4, and a dealer or processor are required upon request to make

prohibited coral, fish or other marine organisms taken with an

allowable chemical, allowable octocoral, or live rock available for

inspection by the Science and Research Director or an authorized

officer.

Sec. 638.6 Vessel identification.

(a) Official number. A vessel with a Federal permit for wild live

rock or operating under an aquacultured live rock permit, issued

pursuant Sec. 638.4, must display its official number--

(1) On the port and starboard sides of the deckhouse or hull, and

on an appropriate weather deck, so as to be clearly visible from an

enforcement vessel or aircraft;

(2) In block arabic numerals in contrasting color to the

background;

(3) At least 18 inches (45.7 cm) in height for fishing vessels over

65 ft (19.8 m) in length and at least 10 inches (25.4 cm) in height for

all other vessels; and

(4) Permanently affixed to or painted on the vessel.

(b) Duties of operator. The operator of each fishing vessel must--

(1) Keep the official number clearly legible and in good repair;

and

(2) Ensure that no part of the fishing vessel, its rigging, fishing

gear, or any other material aboard obstructs the view of the official

number from any enforcement vessel or aircraft.

Sec. 638.7 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) Without a Federal permit, take or possess in the EEZ--

(1) Prohibited coral,

(2) Fish or other marine organisms with an allowable chemical in a

coral area,

(3) Allowable octocoral,

(4) Wild live rock, or

(5) Aquacultured live rock--as specified in Sec. 638.4(a)(1).

(b) Falsify information specified in Sec. 638.4(b) on an

application for a permit.

Sec. 638.4(h).

(d) Falsify or fail to submit required reports or trip tickets, as

specified in Sec. 638.5(a), (b), (c), (d), and (e).

(e) Fail to make prohibited coral, fish or other marine organisms

taken with an allowable chemical, allowable octocoral, or live rock

available for inspection, as specified in Sec. 638.5(f).

(f) Falsify or fail to display and maintain vessel identification,

as required by Sec. 638.6.

(g) Fail to return immediately to the sea prohibited coral,

allowable octocoral, or live rock taken as incidental catch, or, in

fisheries in which the entire catch is landed unsorted, sell, trade, or

barter, or attempt to sell, trade, or barter prohibited coral,

allowable octocoral, or live rock; as specified in Sec. 638.21.

(h) Use or possess a toxic chemical in a coral area in the EEZ, as

specified in Sec. 638.22(a).

(i) Use a power-assisted tool in the EEZ to take prohibited coral,

allowable octocoral, or live rock, or possess in the EEZ such coral or

live rock taken with a power-assisted tool, as specified in

Sec. 638.22(b).

(j) Fish for or possess prohibited coral or allowable octocoral in

the West and East Flower Garden Banks HAPC or the Florida Middle

Grounds HAPC, except as authorized by a permit, as specified in

Sec. 638.23(a)(1) and (b)(1).

(k) Use prohibited fishing gear in an HAPC, as specified in

Sec. 638.23(a)(2), (b)(2), and (c).

(l) After the fishery for allowable octocoral is closed, harvest or

possess allowable octocoral in the EEZ, or purchase, barter, trade, or

sell allowable octocoral so harvested or possessed, or attempt any of

the foregoing, as specified in Sec. 638.24(b).

(m) Harvest or possess wild live rock in the EEZ off the southern

Atlantic states north of 25 deg.58.5' N. lat., or in the Gulf of Mexico

EEZ west of 87 deg.31'06'' W. long. or south of 25 deg.20.4' N. lat.,

as specified in Secs. 638.25(a) and 638.26(a).

(n) Harvest wild live rock by chipping or possess wild live rock

taken by chipping in the EEZ off the southern Atlantic states south of

25 deg.58.5' N. lat. or in the Gulf of Mexico EEZ from 87 deg.31'06''

W. long. east and south to 28 deg.26' N. lat., as specified in

Secs. 638.25(b) and 638.26(b)(1).

(o) After the fishery for wild live rock is closed in the EEZ off

the southern Atlantic states, harvest or possess wild live rock in that

area, or purchase, barter, trade, or sell wild live rock so harvested

or possessed, or attempt any of the foregoing, as specified in

Sec. 638.25(c).

(p) In the Gulf of Mexico EEZ from 28 deg.26' N. lat. to

25 deg.20.4' N. lat., harvest or possess wild live rock taken other

than by hand or by chipping with a nonpower-assisted, hand-held hammer

and chisel, as specified in Sec. 638.26(b)(2).

(q) Exceed the daily vessel harvest and possession limit applicable

to the harvest or possession of live rock in or from the Gulf of Mexico

EEZ, as specified in Sec. 635.26(c).

(r) Fail to comply with the restrictions applicable to aquacultured

live rock sites specified in Sec. 638.27(b).

(s) Mechanically dredge or drill, or otherwise disturb,

aquacultured live rock or harvest live rock other than by hand, as

specified in Sec. 638.27(c).

(t) Falsify or fail to provide information 24 hours prior to

harvesting aquacultured live rock, as specified in Sec. 638.27(d).

(u) Harvest live rock from a site for which the person does not

have an aquacultured live rock permit, as specified in Sec. 638.27(e).

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

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

sale, possession, or transfer of allowable octocoral, prohibited coral,

or live rock.

(w) 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.

Subpart B--Management Measures

8. Subpart B of part 638 is revised to read as follows:

(Note: This revision supercedes the amendments to subpart B

published in the emergency interim rule on June 27, 1994 (59 FR

32933) and extended on September 16, 1994 (59 FR 47563).)

Subpart B--Management Measures

638.20 Fishing years.

638.21 Harvest limitations.

638.22 Gear restrictions.

638.23 Habitat areas of particular concern.

638.24 Octocoral quota and closure.

638.25 Wild live rock off the southern Atlantic states.

638.26 Wild live rock in the Gulf of Mexico.

638.27 Aquacultured live rock.

638.28 Specifically authorized activities.

Subpart B--Management Measures

Sec. 638.20 Fishing years.

The fishing year for live rock begins on January 1 and ends on

December 31. The fishing year for prohibited coral and allowable

octocoral begins on October 1 and ends on September 30.

Sec. 638.21 Harvest limitations.

Except as authorized by a permit issued pursuant to Sec. 638.4,

prohibited coral, allowable octocoral, and live rock taken as

incidental catch must be returned immediately to the sea in the general

area of fishing. In fisheries where the entire catch is landed

unsorted, such as the scallop and groundfish fisheries, unsorted

prohibited coral, allowable octocoral, and live rock are exempt from

the requirement for a Federal permit and may be landed; however, no

person may sell, trade, or barter or attempt to sell, trade, or barter

such prohibited coral, allowable octocoral, or live rock.

Sec. 638.22 Gear restrictions.

(a) A toxic chemical may not be used or possessed in a coral area

in the EEZ.

(b) A power-assisted tool may not be used in the EEZ to take

prohibited coral, allowable octocoral, or live rock, and the possession

in the EEZ of such corals or live rock taken with a power-assisted tool

is prohibited.

Sec. 638.23 Habitat areas of particular concern.

The following areas are designated as HAPCs:

(a) West and East Flower Garden Banks. The West and East Flower

Garden Banks are geographically centered at 27 deg.52'14.21'' N. lat.,

93 deg.48'54.79'' W. long. and 27 deg.55'07.44'' N. lat.,

93 deg.36'08.49'' W. long., respectively. On each bank, the HAPC

extends from its geographical center to the 50-fathom (300-ft) (91.4-m)

isobath. The following restrictions apply in the HAPC:

(1) Fishing for or possessing prohibited coral or allowable

octocoral is prohibited, except as authorized by a permit issued

pursuant to Sec. 634.4; and

(2) Fishing with bottom longlines, traps, pots, dredges, or bottom

trawls is prohibited.

(b) Florida Middle Grounds. The Florida Middle Grounds is bounded

by rhumb lines connecting the following points:

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

North West

Point latitude longitude

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

A............................................. 28 deg.42.5

' 84 deg.24.8

B............................................. 28 deg.42.5

' 84 deg.16.3

C............................................. 28 deg.11.0

' 84 deg.00.0

D............................................. 28 deg.11.0

' 84 deg.07.0

E............................................. 28 deg.26.6

' 84 deg.24.8

A............................................. 28 deg.42.5

' 84 deg.24.8

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

The following restrictions apply in the HAPC:

(1) Fishing for or possessing prohibited coral or allowable

octocoral is prohibited, except as authorized by a permit issued

pursuant to Sec. 634.4; and

(2) Fishing with bottom longlines, traps, pots, dredges, or bottom

trawls is prohibited.

nautical miles east of Fort Pierce, FL, at its nearest point to shore,

and is bounded on the north by 27 deg.53' N. lat., on the south by

27 deg.30' N. lat., on the east by 79 deg.56' W. long., and on the west

by 80 deg.00' W. long. In the HAPC, fishing with bottom longlines,

traps, pots, dredges, or bottom trawls is prohibited. See

Sec. 646.26(d) of this chapter for prohibitions on fishing for snapper-

grouper in the Oculina Bank HAPC.

Sec. 638.24 Octocoral quota and closure.

(a) The quota for allowable octocoral from the EEZ is 50,000

colonies per fishing year.

(b) When the quota specified in paragraph (a) of this section is

reached, or is projected to be reached, the Assistant Administrator

will file notification to that effect with the Office of the Federal

remainder of the fishing year, allowable octocoral may not be harvested

or possessed in the EEZ and the purchase, barter, trade, or sale, or

attempted purchase, barter, trade, or sale, of allowable octocoral in

or from the EEZ is prohibited. The latter prohibition does not apply to

allowable octocoral that was harvested and landed prior to the

effective date of the notification in the Federal Register.

Sec. 638.25 Wild live rock off the southern Atlantic states.

(a) Closed area. No person may harvest or possess wild live rock in

the EEZ off the southern Atlantic states north of 25 deg.58.5' N. lat.

(extension of the Dade/Broward County, Florida, boundary).

(b) Gear limitation. In the EEZ off the southern Atlantic states

south of 25 deg.58.5' N. lat., no person may harvest wild live rock by

chipping and no person may possess in that area wild live rock taken by

chipping.

EEZ off the southern Atlantic states is 485,000 lb (219,992 kg) for the

fishing year that begins January 1, 1995. Commencing with the fishing

year that begins January 1, 1996, the quota is zero.

(2) When the quota specified in paragraph (c)(1) of this section is

reached, or is projected to be reached, the Assistant Administrator

will file notification to that effect with the Office of the Federal

remainder of the fishing year, wild live rock may not be harvested or

possessed in the EEZ off the southern Atlantic states and the purchase,

barter, trade, or sale, or attempted purchase, barter, trade, or sale,

of wild live rock in or from the EEZ off the southern Atlantic states

is prohibited. The latter prohibition does not apply to wild live rock

that was harvested and landed prior to the effective date of the

notification in the Federal Register.

(3) The 1994 quota for wild live rock from the EEZ off the southern

Atlantic states was reached and the fishery was closed effective

November 1, 1994. The provisions of paragraph (c)(2) of this section

regarding harvest or possession of wild live rock and the purchase,

barter, trade, or sale, or attempts thereof, of wild live rock are

effective December 22, 1994, through December 31, 1994.

Sec. 638.26 Wild live rock in the Gulf of Mexico.

(a) Closed areas. No person may harvest or possess wild live rock

in the Gulf of Mexico EEZ--

(1) West of 87 deg.31'06'' W. long. (extension of the Alabama/

Florida boundary); or

(2) South of 25 deg.20.4' N. lat. (extension of the Monroe/Collier

County, Florida boundary).

(b) Gear limitations. (1) In the Gulf of Mexico EEZ from

87 deg.31'06'' W. long. east and south to 28 deg.26' N. lat. (extension

of the Pasco/Hernando County, FL, boundary), no person may harvest wild

live rock by chipping and no person may possess in that area wild live

rock taken by chipping.

(2) In the Gulf of Mexico EEZ from 28 deg.26' N. lat. to

25 deg.20.4' N. lat., wild live rock may be harvested only by hand,

without tools, or by chipping with a nonpower-assisted, hand-held

hammer and chisel, and no person may possess in that area wild live

rock taken other than by hand, without tools, or by chipping with a

nonpower-assisted, hand-held hammer and chisel.

daily vessel limit of twenty-five 5-gallon (19-L) buckets, or volume

equivalent (16.88 ft\3\ (478.0 L)), applies to the harvest or

possession of wild live rock in or from the Gulf of Mexico EEZ from

87 deg.31'06'' W. long. east and south to 25 deg.20.4' N. lat.,

regardless of the number or duration of trips. Commencing January 1,

1997, the daily vessel limit is zero.

Sec. 638.27 Aquacultured live rock.

(a) Aquacultured live rock may be harvested from the Gulf of Mexico

EEZ only under a permit, as required by Sec. 638.4(a)(1)(v). A person

harvesting aquacultured live rock is exempt from the prohibition on

taking prohibited coral for such prohibited coral as attaches to

aquacultured live rock.

(b) The following restrictions apply to individual aquaculture

activities:

(1) No aquaculture site may exceed 1 acre (0.4 ha) in size.

(2) Material deposited on the aquaculture site must be geologically

or otherwise distinguishable from the naturally occurring substrate or

be indelibly marked or tagged; may not be placed over naturally

occurring reef outcrops, limestone ledges, coral reefs, or vegetated

areas; must be free of contaminants; must be nontoxic; must be placed

on the site by hand or lowered completely to the bottom under

restraint, that is, not allowed to fall freely; and must be placed from

a vessel that is anchored.

(3) A minimum setback of at least 50 ft (15.2 m) must be maintained

from natural vegetated or hard bottom habitats.

aquacultured live rock is prohibited, and aquacultured live rock may be

harvested only by hand.

(d) Not less than 24 hours prior to harvest of aquacultured live

rock, the owner or operator of the harvesting vessel must provide the

following information to the NMFS Law Enforcement Office, Southeast

Area, St. Petersburg, FL, telephone (813) 570-5344:

(1) Permit number of site to be harvested and date of harvest.

(2) Name and official number of the vessel to be used in

harvesting.

(3) Date, port, and facility at which aquacultured live rock will

be landed.

(e) Live rock on a site may be harvested only by the person, or his

or her employee, contractor, or agent, who has been issued the

aquacultured live rock permit for the site.

Sec. 638.28 Specifically authorized activities.

The Regional Director may authorize, for the acquisition of

information and data, activities otherwise prohibited by the

regulations in this part.

[FR Doc. 94-31832 Filed 12-22-94; 11:27am]

BILLING CODE 3510-22-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.