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. 960919266-6336-02; 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: Final rule.

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SUMMARY: NMFS issues this final rule to implement the Fishery

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

Virgin Islands (FMP). The FMP restricts 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.

EFFECTIVE DATE: January 13, 1997.

ADDRESSES: Requests for copies of the Final Regulatory Flexibility

Analysis (FRFA) should 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 (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 Council under

the authority of the Magnuson-Stevens Fishery Conservation and

Management Act (Magnuson-Stevens Act).

Background information on the conch resources of the Caribbean EEZ

and the rationale for the management measures in the FMP were contained

in the preamble to the proposed rule (61 FR 50794, September 27, 1996)

and are not repeated here.

Public comments were invited on the FMP, the proposed rule, the

IRFA, and other supporting documents through November 12, 1996. NMFS

approved the FMP on November 22, 1996.

Comments and Responses

Comments were received from the U.S. Fish and Wildlife Service

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(USFWS), the Environmental Protection Agency (EPA), and the Center for

Marine Conservation (CMC). USFWS believes the FMP and associated

documents outline the resource and proposed impacts adequately. The EPA

concluded that it has no objection to the implementation of the FMP.

Comment: CMC supports the management measures but is concerned that

these measures alone may not accomplish the goals of eliminating

overfishing, ensuring a sustainable fishery, or restoring healthy conch

populations. CMC urges NMFS to consider a prohibition of scuba harvest,

the establishment of protected areas, and the development of management

measures for other species in the management unit.

Response: NMFS believes that the FMP is a good first step in the

restoration of queen conch populations in the U.S. Caribbean; however,

NMFS agrees with CMC that more needs to be done in the very near future

to further reduce fishing mortality. Although the prohibition on

harvest by scuba diving was a preferred option, the Council heard

testimony from conch fishermen during public hearings that most of

their recent catches are from the EEZ. The Council was unwilling to

impose such a major burden on the conch fishermen without additional

information on catch histories and population trends. Puerto Rico is

considering a number of marine reserves in State waters, and the

Council is developing an amendment to its coral plan to establish a

marine reserve off St. John, USVI. Additional protected areas, which

will benefit conch populations, are expected to be established in the

U.S. Caribbean as an alternative to more traditional fishery management

measures. Most organisms sold as curios and used in handicrafts in

Puerto Rico are imported, primarily from the Philippines. Commercial

shell collecting does not appear to be a problem here as it is in other

areas. However, the Council is prepared to address impacts of the

collection of mollusk shells for the curio market if information

becomes available indicating the need for action.

Classification

The Regional Administrator, Southeast Region, NMFS, determined that

the FMP is necessary for the conservation and management of the conch

resources of the Caribbean Sea and that it is consistent with the

Magnuson-Stevens Act and other applicable law.

This action has been determined to be not significant for purposes

of E.O. 12866.

The Council prepared an FEIS for this FMP; a notice of availability

for public comment was published on August 29, 1966 (61 FR 45395).

According to the FEIS, the restrictions in the FMP would benefit the

natural environment for the queen conch fishery.

The Council prepared an IRFA for the proposed rule as required

under the Regulatory Flexibility Act. The IRFA concluded that the FMP's

proposed measures would, if approved and implemented, have a

significant economic effect on a substantial number of small entities.

Copies of the IRFA are available from the Council (see ADDRESSES).

Following the public comment, NMFS prepared an FRFA. Copies of the

FRFA are available from NMFS (see ADDRESSES). The following is a

summary of the FRFA.

This final rule is necessary to rebuild the overfished queen conch

resource in the U.S. EEZ around Puerto Rico and the USVI (Caribbean

EEZ). Trends in queen conch landings since the early 1980s suggest

declines in abundance of over 50 percent. This rule is designed to

rebuild the overfished conch resources in the Caribbean EEZ by

protecting spawning stocks and reducing fishing effort. This rule (1)

requires that a Caribbean conch resource in or from the Caribbean EEZ

be landed in its shell; (2) prohibits possession and sale of queen

conch below a minimum size; (3) establishes daily recreational and

commercial harvest limits for queen conch; (4) establishes a 3-month

closed season regarding the harvest of queen conch; and (5) prohibits

the use of hookah gear for harvesting queen conch.

The one substantive public comment received on the proposed rule

suggested that the Council should propose additional actions to restore

queen conch stocks, such as a prohibition of the use of scuba for

harvesting conch. NMFS observes, however, that the Council did consider

and assess options for additional management actions in its RIR/IRFA

and in other analyses of the impacts of various management options

(e.g., the FEIS). The Council concluded that the other options

considered were likely to increase short-term, adverse economic impacts

or were unnecessary at this time for achieving the FMP's objectives. In

approving the FMP, NMFS agreed with the conclusions of the Council's

analyses of regulatory impacts. Accordingly, this comment did not

result in changes to the conclusions of the IRFA.

The FRFA indicates that this rule will result in significant

economic impacts 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 Council's analyses indicate that at least 30 percent of all queen

conch fishing trips will be affected by the rule. 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 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 because most quantitative data have not been collected for

this previously unregulated fishery. Assuming fishermen do not

compensate for the reduction in queen conch harvests through increased

harvests of other species, estimated reductions in gross revenues per

trip in Puerto Rico under a commercial trip limit of 150 queen conch

will average $12, a decline of about 7.5 percent. Average gross

revenues per trip in the USVI will decline by $5, a decline of less

than 2 percent. Assuming most U.S. Caribbean commercial queen conch

fishermen reside in Puerto Rico, the 5 percent criterion for

significant effects will probably be met. Impacts on small entities

from the 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.

In trying to minimize significant economic impacts on small

entities, the Council and NMFS considered numerous management

alternatives in selecting the preferred management measures regarding

landing conch whole, size limits, harvest limits, closed season, and

gear restrictions. In general, the approved FMP measures will create

unavoidable short-term economic losses for the impacted small business

entities. However, all these measures were proposed by the Council and

approved by NMFS because they are considered the most appropriate means

of rebuilding the overfished queen conch

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resource while maintaining an ongoing commercial fishery. The long-term

biological and economic benefits of these measures are expected to

exceed any short-term economic costs to the fishery. The Council

considered a 5-year moratorium on harvesting queen conch, which would

have had severe economic impacts. The Council chose, instead, to pursue

an effort-reduction program with fewer economic impacts than the total

closure. Regarding the measure requiring landing of whole conch, the

FRFA indicates that 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 conch and other conch resources. In

addition, there is no reliable correlation between the age of a queen

conch and the weight of its meat. Regarding the size limits, recent

scientific studies 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. Lower size

limits are not expected to achieve this objective although they would

likely have a reduced impact on small entities. Regarding harvest

limits, the Council believes that the limit of 150 queen conch per day

will restrict commercial fishermen to approximately current levels of

harvest. An alternative considered by the Council was to establish a

harvest limit of 75 queen conch per commercial fisherman. However, the

Council decided, based on anticipated adverse economic impacts, to

maintain current levels of harvest until data show that a reduction in

the harvest limit is necessary. Regarding the closed season from July

through September, impacts on small entities are expected to be minimal

because fishermen will shift effort to other fisheries, such as spiny

lobsters and reef fish, during this period. Regarding 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, potential 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 EEZ

of the U.S. Caribbean. By allowing extended time on the ocean floor,

hookah diving significantly increases harvesting time compared 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 Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: December 6, 1996.

Charles Karnella,

Acting Deputy Assistant Administrator for Fisheries.

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

* * * * *

Table 1.--FMPs Implemented Under Part 622

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Responsible

FMP title fishery management Geographical area

council(s)

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* * * * *

FMP for Queen Conch Resources of CFMC.............. Caribbean.

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 (g) is added to read as follows:

Sec. 622.38 Landing fish intact.

* * * * *

(g) 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.

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(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 (f) is added to read as follows:

Sec. 622.41 Species specific limitations.

* * * * *

(f) 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 (f) is added to read as follows:

Sec. 622.44 Commercial trip limits.

* * * * *

(f) 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. 96-31588 Filed 12-12-96; 8:45 am]

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