Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands; Initial Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 960919266-6266-01; I.D. 082096D]

RIN 0648-AD91

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;

Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands;

Initial Regulations

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement the Fishery

Management Plan for Queen Conch Resources of Puerto Rico and the U.S.

Virgin Islands (FMP). The FMP would restrict the taking of queen conch

in or from the exclusive economic zone (EEZ) around Puerto Rico and the

U.S. Virgin Islands (USVI) in order to restore overfished stocks.

DATES: Written comments must be received on or before November 12,

1996.

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 the FMP, which includes a regulatory impact

review (RIR)/initial regulatory flexibility analysis (IRFA) and a final

environmental impact statement (FEIS), should be sent to the Caribbean

Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San

Juan, PR 00918-2577.

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

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Caribbean

Fishery Management Council (Council) under the authority of the

Magnuson Fishery Conservation and Management Act (Magnuson Act).

Background

The FMP covers all conchs of the genus Strombus and other edible

gastropods that have been recorded in landings from Puerto Rico and the

USVI (U.S. Caribbean). Most of the FMP's management measures concern

only the queen conch, Strombus gigas, which appears to be declining in

abundance throughout its range in the Atlantic and Caribbean. The

status of other species included in the FMP is largely unknown.

Accordingly, the restrictions proposed for these other species are

limited to those necessary to ensure the effectiveness of management

measures for queen conch.

Queen conch are harvested for food. The shells may be sold whole or

made into jewelry. Queen conch is a staple of Caribbean cuisine.

Traditionally, conch are taken by free-diving in inshore waters;

however, overexploitation nearshore has led to an increase in

commercial harvests by scuba divers in deeper waters.

Trends in queen conch landings since the early 1980s indicate

decreased abundance throughout the U.S. Caribbean. In Puerto Rico,

landings declined more than 400,000 lb (181,437 kg) in 1983 to 100,000

lb (45,359 kg) in 1992. More than 90 percent of current landings are by

scuba diving. On St. Croix, USVI, landings declined more than 50

percent from 1982 to 1992. The conch fishery was closed in USVI waters

off St. Thomas and St. John Islands from 1988-1992 due to overfishing.

Recently, the USVI established conch regulations that are designed

to rebuild declining stocks; Puerto Rico is in the process of

developing similar regulations. USVI conch regulations are compatible

with the FMP's management measures. The absence of compatible

regulations in Puerto Rican waters, however, may provide an opportunity

for fishermen to circumvent Federal conservation measures. Fishermen

could claim that conch harvested in the EEZ came from state waters. If

the FMP is approved, Puerto Rico will be asked to implement compatible

regulations as soon as possible.

Management Measures

The FMP would: (1) Require that a Caribbean conch resource be

landed in its shell; (2) prohibit the possession or sale of queen conch

less than 9 inches (22.9 cm) in total length and less than 3/8 inch

(9.5 mm) in lip width at its widest point; (3) establish a recreational

daily bag limit of 3 queen conch per person or, if more than 4 persons

are aboard, 12 queen conch per boat; (4) establish a daily harvest

limit of 150 queen conch per licensed commercial fisherman; (5)

prohibit taking of queen conch from July 1 through September 30; and

(6) prohibit the taking of queen conch by diving while using a device

that provides a continuous air supply from the surface. The FMP is

designed to rebuild the overfished queen conch resources by protecting

the spawning stock and reducing fishing effort.

Landing Whole

The FMP would require that a Caribbean conch resource be landed in

the shell. This would allow enforcement personnel to identify the conch

species and, thus, enforce the minimum size limit for queen conch. This

provision is expected to reduce fishing effort by limiting the amount

of queen conch that can be carried aboard a fishing vessel. Conch

fishermen testified that they would prefer to land conch meat only;

however, there is no readily available method of distinguishing between

the meats of queen and other conch resources. In addition, there is no

reliable correlation between the age of queen conch and the weight of

queen conch meat.

Size Limits

The length of the shell and the width (thickness) of the shell's

flared ``lip'' are used to assess the age and sexual maturity of queen

conch. Recent studies, based on western Puerto Rico queen conch

populations, indicate that protecting queen conch less than 9 inches

(22.9 cm) in length and less than \3/8\ inch (9.5 mm) in lip width is

likely to increase the spawning stock biomass. Enforcement of the

Council's proposed prohibition on sale of undersized queen conch would

be facilitated by the fact that the Convention on International Trade

in Endangered Species of Wild Fauna and Flora requires documentation to

accompany most international trade in queen conch. See 50 CFR part 23.

Thus, at least at the time of importation, it should be possible to

distinguish between queen conch taken from the EEZ and adjoining state

waters and queen conch harvested outside U.S. jurisdiction and imported

into the U.S. Caribbean.

Harvest Limits

The Council is proposing to adopt the following queen conch harvest

limits: 3 per person per day for recreational fishermen, not to exceed

12 per boat, and 150 per commercial fisherman per day. Although no

statistics are available on the level of recreational fishing for queen

conch in the U.S. Caribbean, the Council received anecdotal reports

indicating that its proposed recreational bag limit would provide

sufficient conch for traditional family needs. Current USVI regulations

provide a less restrictive recreational limit. Puerto Rico is

conducting a 1996 queen conch recreational fishing survey to provide

more definitive estimates of recreational effort. The Council believes

that the

[[Page 50795]]

limit of 150 queen conch per day will restrict commercial fishermen to

approximately current levels of harvest. Commercial fishing licenses

issued by Puerto Rico or the USVI, and available to all U.S. citizens,

are required to exceed the recreational bag limit. The Council would

reconsider this requirement for a commercial fishing license if the

USVI or Puerto Rico significantly changes its licensing requirements.

Closed Season

Peak queen conch spawning season in the U.S. Caribbean is July

through September. Queen conch aggregate in shallow waters during this

season, increasing chances of overharvest. The FMP would prohibit all

harvest of queen conch during this season to complement an identical

measure in effect in the USVI. Puerto Rico is also expected to

establish a spawning season closure.

Gear Restrictions

Overfishing of nearshore areas has led to an increased reliance on

the harvest of queen conch in deeper waters by scuba and hookah diving.

Increased access to deeper waters by these methods could result in the

elimination of some of the last remaining sources of conch recruitment.

Although the Council considered a prohibition on harvest of queen conch

by scuba in the EEZ, adverse economic impacts of this alternative

convinced the Council to recommend only a prohibition against devices

that provide a continuous air supply from the surface, such as hookah;

such devices are not often used in the U.S. Caribbean EEZ. By allowing

extended time on the ocean floor, hookah diving significantly increases

harvesting time compared to scuba and free-diving.

Additional Information

Additional background and rationale on the Caribbean conch

resources and the management measures in this rule are contained in the

FMP, the availability of which was announced in the Federal Register on

August 29, 1996 (61 FR 45395).

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 FMP

and regulations. At this time NMFS has not determined that the FMP 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 proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Council prepared an FEIS for this FMP that will be filed with

the Environmental Protection Agency for public review and comment; a

notice of its availability for public comment will be published in the

Federal Register. According to the FEIS, the proposed management

measures would benefit the natural environment for the queen conch

fishery by limiting fishing effort. The dive fishery for queen conch is

unlikely to impact habitat of conch or other organisms.

The Council prepared an IRFA, as part of the RIR, which concluded

that the proposed measures in the FMP would have a significant economic

impact on a substantial number of small entities. The commercial queen

conch fishery is composed entirely of small businesses; although the

exact number of small businesses is unknown, the RIR's analyses

indicate that at least 30 percent of all queen conch fishing trips will

be affected by the proposed rule.

There are no other Federal rules that would conflict with the

proposed rule and no significant alternatives to the proposed

management measures that would have accomplished the goals of the

Magnuson Act.

The IRFA identified the following impacts on small entities. The

requirement to land queen conch in the shell, rather than discarding

the shell at sea, can reduce the ex-vessel value of a day's catch

because vessel capacity may be exceeded in certain small vessels

traditionally used in this fishery. The proposed size limit would

increase the cost of fishing and reduce the amount of conch taken on

some trips, at least in the short term. However, the Council was unable

to quantify these potential changes in net benefits.

Assuming fishermen do not compensate for the proposed reduction in

queen conch harvests through increased harvests of other species,

estimated reductions in gross revenues per trip in Puerto Rico

associated with the 150 commercial trip limit would average $12, a

decline of about 7.5 percent. Average gross revenues per trip in the

USVI would decline by $5, a decline of less than 2 percent. Assuming

most U.S. Caribbean commercial queen conch fishermen reside in Puerto

Rico, and based on NMFS' Regulatory Flexibility Act criterion

specifying that economic effects are significant if at least 20 percent

of affected small entities would experience a reduction in annual gross

revenues by more than 5 percent, the RIR/IRFA concludes that this rule

will probably have significant economic impacts on small business

entities.

Impacts on small entities of the proposed closed season, July-

September, are expected to be minimal because fishermen will shift

effort to other fisheries, such as lobsters and snappers, during the

summer season. Revenues for USVI queen conch fishermen did not decline

significantly when a seasonal closure went into effect in USVI waters.

Prohibiting diving gear that provides a continuous air supply from the

surface, such as hookah, is likely to have only a very minor impact on

small entities. Although no data exist to document the extent of the

use of hookah to take queen conch, it is thought to be insignificant

relative to scuba and free-diving.

This action would not revise existing, or establish any new,

reporting, recordkeeping, or other compliance requirements.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: September 20, 1996.

N. Foster,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 622 is

proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

1. The authority citation for part 622 continues to read as

follows:

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

2. In Sec. 622.1, table 1, an entry is added in alphabetical order

to read as follows:

Sec. 622.1 Purpose and scope.

* * * * *

[[Page 50796]]

Table 1.--FMPs Implemented Under Part 622

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Responsible fishery management

FMP title council(s) Geographical area

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* * * * * *

*

FMP for Queen Conch Resources of CFMC Carribbean.

Puerto Rico and the U.S. Virgin

Islands.

* * * * * *

*

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3. In Sec. 622.2, the definition for ``Caribbean conch resource''

is added in alphabetical order to read as follows:

Sec. 622.2 Definitions and acronyms.

* * * * *

Caribbean conch resource means one or more of the following

species, or a part thereof:

(1) Atlantic triton's trumpet, Charonia variegata.

(2) Cameo helmet, Cassis madagascarensis.

(3) Caribbean helmet, Cassis tuberosa.

(4) Caribbean vase, Vasum muricatum.

(5) Flame helmet, Cassis flammea.

(6) Green star shell, Astrea tuber.

(7) Hawkwing conch, Strombus raninus.

(8) Milk conch, Strombus costatus.

(9) Queen conch, Strombus gigus.

(10) Roostertail conch, Strombus gallus.

(11) True tulip, Fasciolaria tulipa.

(12) West Indian fighting conch, Strombus pugilis.

(13) Whelk (West Indian top shell), Cittarium pica.

* * * * *

4. In Sec. 622.33, paragraph (c) is added to read as follows:

Sec. 622.33 Caribbean EEZ seasonal and/or area closures.

* * * * *

(c) Queen conch closure. From July 1 through September 30, each

year, no person may fish for queen conch in the Caribbean EEZ and no

person may possess on board a fishing vessel a queen conch in or from

the Caribbean EEZ.

5. In Sec. 622.37, paragraph (g) is added to read as follows:

Sec. 622.37 Minimum sizes.

* * * * *

(g) Caribbean queen conch--9 inches (22.9 cm) in length, that is,

from the tip of the spire to the distal end of the shell, and \3/8\

inch (9.5 mm) in lip width at its widest point. A queen conch with a

length of at least 9 inches (22.9 cm) or a lip width of at least \3/8\

inch (9.5 mm) is not undersized.

6. In Sec. 622.38, paragraph (f) is added to read as follows:

Sec. 622.38 Landing fish intact.

* * * * *

(f) A Caribbean conch resource in or from the Caribbean EEZ must be

maintained with meat and shell intact.

7. In Sec. 622.39, paragraph (e) is added to read as follows:

Sec. 622.39 Bag and possession limits.

* * * * *

(e) Caribbean queen conch--(1) Applicability. Paragraph (a)(1) of

this section notwithstanding, the bag limit of paragraph (e)(2) of this

section does not apply to a fisherman who has a valid commercial

fishing license issued by Puerto Rico or the U.S. Virgin Islands. See

Sec. 622.44 for the commercial daily trip limit.

(2) Bag limit. The bag limit for queen conch in or from the

Caribbean EEZ is 3 per person or, if more than 4 persons are aboard, 12

per boat.

8. In Sec. 622.41, paragraph (e) is added to read as follows:

Sec. 622.41 Species specific limitations.

* * * * *

(e) Caribbean queen conch. In the Caribbean EEZ, no person may

harvest queen conch by diving while using a device that provides a

continuous air supply from the surface.

9. In Sec. 622.44, paragraph (e) is added to read as follows:

Sec. 622.44 Commercial trip limits.

* * * * *

(e) Caribbean queen conch. A person who fishes in the Caribbean EEZ

and is not subject to the bag limit may not possess in or from the

Caribbean EEZ more than 150 queen conch per day.

[FR Doc. 96-24747 Filed 9-26-96; 8:45 am]

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