Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; Amendment 4

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 640

[Docket No. 950424112-5112-01; I.D. 032095B]

RIN 0648-AF37

Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic;

Amendment 4

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 4 to the

Fishery Management Plan for the Spiny Lobster Fishery of the Gulf of

Mexico and South Atlantic (FMP). Amendment 4 would allow the harvest of

spiny lobster year-round and establish a daily bag or possession limit

of two spiny lobster per person in the exclusive economic zone (EEZ)

off the southern Atlantic states, other than Florida (i.e., EEZ off

North Carolina, South Carolina, and Georgia).

DATES: Written comments must be received on or before June 12, 1995.

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

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

FL 33702.

Requests for copies of Amendment 4, which includes a regulatory

impact review and an environmental assessment, and the FMP, should be

sent to the Gulf of Mexico Fishery Management Council, 5401 W. Kennedy

Boulevard, Suite 331, Tampa, FL 33609-2486, FAX 813-225-7015, or to the

South Atlantic Fishery Management Council, Southpark Building, One

Southpark Circle, Suite 306, Charleston, SC 29407-4699, FAX 803-769-

4520.

FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-

570-5305.

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

Fishery Management Council (Gulf Council) and the South Atlantic

Fishery Management Council (South Atlantic Council) and is implemented

through regulations at 50 CFR part 640 under the authority of the

Magnuson Fishery Conservation and Management Act (Magnuson Act).

Amendment 4

ION CONTACT: Georgia Cranmore, 813-

570-5305.

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

Fishery Management Council (Gulf Council) and the South Atlantic

Fishery Management Council (South Atlantic Council) and is implemented

through regulations at 50 CFR part 640 under the authority of the

Magnuson Fishery Conservation and Management Act (Magnuson Act).

Amendment 4

The FMP currently provides for a commercial and recreational

fishing season throughout the Gulf of Mexico and South Atlantic of

August 6 through March 31, except for a 2-day special recreational

season in July. During the August 6 through March 31 season, there are

no bag or possession limits in the commercial fishery and recreational

fishermen are limited to six spiny lobster per person per day. In the

EEZ off the southern Atlantic states, other than Florida, Amendment 4

would (1) allow the take of spiny lobster year-round, and (2) establish

a daily bag or possession limit of two spiny lobster per person in both

the recreational and commercial fisheries. The purpose of Amendment 4

is to allow fishermen in the EEZ north of Florida to harvest the

resource during the warm-weather months when the season currently is

closed.

Commercial and recreational landings of spiny lobster outside

Florida are negligible. According to the NMFS Accumulated Landings

Database, no landings from spiny lobster traps have been reported from

North Carolina or South Carolina since 1990. Since 1990, only 78.0 lb

(35.4 kg) were reported landed from traps in Georgia. Commercial spiny

lobster divers in North Carolina took an estimated 288.0 lb (130.6 kg)

in 1992 and, in 1993, the only reported harvest by commercial divers

north of Florida was 1,334 lb (605 kg) landed in South Carolina.

According to NMFS' 1991 Marine Recreational Fisheries Statistics

Survey, no spiny lobster recreational trips were reported in South

Carolina and Georgia during a survey of southeastern states other than

Florida

th Carolina took an estimated 288.0 lb (130.6 kg)

in 1992 and, in 1993, the only reported harvest by commercial divers

north of Florida was 1,334 lb (605 kg) landed in South Carolina.

According to NMFS' 1991 Marine Recreational Fisheries Statistics

Survey, no spiny lobster recreational trips were reported in South

Carolina and Georgia during a survey of southeastern states other than

Florida. However, another study conducted by NMFS in 1993 attempted

specifically to characterize the directed and incidental take of spiny

lobster by sport divers in offshore waters of the southeastern states.

This study involved a telephone survey of dive shops and clubs and

indicated that a small number of spiny lobster were harvested by

recreational divers in North Carolina, South Carolina, and Georgia.

According to testimony of North Carolina recreational fishermen

before the South Atlantic Council, the fishery takes place about 30

nautical miles (55.6 km) offshore in at least 100 ft (30.5 m) of water.

A typical dive trip at these depths lasts about 30 minutes. Lobsters

harvested ranged from 2 to 16 lb (0.9 to 7.3 kg). Divers believe that

the spawning season off North Carolina does not begin until July, due

to the colder water temperatures. They reported seeing egg-bearing

lobsters as late as September and early October. Amendment 4 would not

change the current prohibition on taking egg-bearing female lobsters.

The Gulf Council and the South Atlantic Council (Councils) have

concluded that a year-round daily harvest limit of two spiny lobster

per person north of Florida will allow recreational fishermen to catch

spiny lobster during the months when the weather is favorable. There is

scientific debate regarding the biological status and population

dynamics of spiny lobsters in waters north of Florida, including the

issue of recruitment and the fate of larvae from the adult population

in this area

harvest limit of two spiny lobster

per person north of Florida will allow recreational fishermen to catch

spiny lobster during the months when the weather is favorable. There is

scientific debate regarding the biological status and population

dynamics of spiny lobsters in waters north of Florida, including the

issue of recruitment and the fate of larvae from the adult population

in this area. However, based on the best available scientific

information, the Councils believe that allowing a limited year-round

harvest in the subject area will have no adverse biological impacts on

the lobster resource.

The Councils have concluded that the proposed action is consistent

with the FMP's objective to protect long-run yields and prevent

depletion of lobster stocks, because lowering the daily recreational

limit from six to two and establishing a commercial harvest limit would

prevent significant increases in fishing mortality. If Amendment 4 is

implemented, the South Atlantic Council would monitor the level of

spiny lobster harvests north of Florida and lower the daily limit, if

necessary.

Additional background and rationale for the measures discussed

above are contained in Amendment 4, the availability of which was

announced in the Federal Register on March 27, 1995, (60 FR 15743).

Additional Measures Proposed by NMFS

Pursuant to the FMP's framework procedure for implementing

specified gear and harvest restrictions, certain portions of Florida's

management scheme were incorporated by reference into these Federal

regulations on November 30, 1992 (57 FR 56516) and October 21, 1994 (59

FR 53118). A full description of the Florida measures was contained in

the preamble to the proposed rule incorporating those measures (57 FR

32956, July 24, 1992). At the time these State statutes and regulations

were incorporated, specific reference to the incorporation was not

mentioned in the regulatory text

e Federal

regulations on November 30, 1992 (57 FR 56516) and October 21, 1994 (59

FR 53118). A full description of the Florida measures was contained in

the preamble to the proposed rule incorporating those measures (57 FR

32956, July 24, 1992). At the time these State statutes and regulations

were incorporated, specific reference to the incorporation was not

mentioned in the regulatory text. To ensure that the incorporation by

reference meets procedural specifications for the Office of the Federal

Register, NMFS adds appropriate language to sections 640.4(a)(1),

640.6(a), 640.20(c), and 640.22(b)(3), with references to the State

statutes and regulations as recodified in 1994.

NMFS proposes a technical amendment to section 640.22 to correct

and conform current regulations to the original FMP, which prohibited

the use by divers, not by hook-and-line fishermen, of gear containing

hooks. (See section 12.4.1, Measures Proposed for Adoption, Fishery

Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and

South Atlantic, March 1982, pages 12-20). Gear such as spears, and

spear-like devices with a hook on the end, were originally prohibited

because divers using such gear were unable to accurately gauge the size

of lobsters prior to mortally puncturing them. Such lobsters frequently

turn out to be undersized. However, the language of the prohibition in

the current regulations precludes harvest or retention of a spiny

lobster taken unintentionally in a hook-and-line fishery for other

species.

The technical amendment will allow fishermen using hook-and-line

gear to retain lobsters incidentally harvested with such gear.

According to the administrative record, the occurrence of spiny lobster

harvest by hook-and-line fishermen is quite rare and occurs primarily

aboard headboats operating north of Florida. The record further shows

that lobsters harvested in that area are much larger than the current

minimum size limit

fishermen using hook-and-line

gear to retain lobsters incidentally harvested with such gear.

According to the administrative record, the occurrence of spiny lobster

harvest by hook-and-line fishermen is quite rare and occurs primarily

aboard headboats operating north of Florida. The record further shows

that lobsters harvested in that area are much larger than the current

minimum size limit. Therefore, allowing retention of spiny lobsters

harvested by hook-and-line fishermen should not increase the mortality

of undersized lobsters. However, to enhance enforceability of the

intended prohibition, that is, the prohibition on intentional hooking

of spiny lobsters with prohibited gear, a spiny lobster that is taken

by hook and line could not be retained aboard a vessel that has

prohibited gear aboard.

Classification

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

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

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

Amendment 4 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 Assistant General Counsel for Legislation and Regulation of the

Department of Commerce has certified to the Chief Counsel for Advocacy

of the Small Business Administration that this proposed rule, if

adopted, would not have a significant economic impact on a substantial

number of small entities. The year-round daily harvest limit of two

spiny lobster north of Florida would not: (1) Reduce annual gross

revenues in excess of 5 percent, (2) significantly increase compliance

or production costs of participants, (3) require capital investment to

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

business

nificant economic impact on a substantial

number of small entities. The year-round daily harvest limit of two

spiny lobster north of Florida would not: (1) Reduce annual gross

revenues in excess of 5 percent, (2) significantly increase compliance

or production costs of participants, (3) require capital investment to

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

business. All entities involved are small entities. As a result, a

regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 640

Fisheries, Fishing, Incorporation by reference, Reporting and

recordkeeping requirements.

Dated: April 26, 1995.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 640 is

proposed to be amended as follows:

PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH

ATLANTIC

1. The authority citation for part 640 continues to read as

follows:

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

2. In Sec. 640.2, definitions for ``Off the Gulf states, other than

Florida'' and ``Off the southern Atlantic states, other than Florida''

are added, in alphabetical order, to read as follows:

Sec. 640.2 Definitions.

* * * * *

Off the Gulf states, other than Florida means the area from the

coast to the outer limit of the EEZ between the Texas/Mexico border to

the Alabama/Florida boundary (87 deg.31'06'' W. long.).

Off the southern Atlantic states, other than Florida means the area

from the coast to the outer limit of the EEZ between the Virginia/North

Carolina boundary (36 deg.34'55'' N. lat.) to the Georgia/Florida

boundary (30 deg.42'45.6'' N. lat.).

* * * * *

3. In Sec. 640.4, paragraph (a)(1) is revised to read as follows:

Sec. 640.4 Permits and fees.

(a) * * *

(1) Licenses, certificates, and permits.

he southern Atlantic states, other than Florida means the area

from the coast to the outer limit of the EEZ between the Virginia/North

Carolina boundary (36 deg.34'55'' N. lat.) to the Georgia/Florida

boundary (30 deg.42'45.6'' N. lat.).

* * * * *

3. In Sec. 640.4, paragraph (a)(1) is revised to read as follows:

Sec. 640.4 Permits and fees.

(a) * * *

(1) Licenses, certificates, and permits.

(i) EEZ off Florida and spiny lobster landed in Florida. For a

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

a spiny lobster harvested or possessed in the EEZ off Florida, or

harvested in the EEZ other than off Florida, and landed from a fishing

vessel in Florida, or for a person to be exempt from the daily bag and

possession limit specified in Sec. 640.23(b)(1) for such spiny lobster,

such person must have the licenses and certificates specified to be a

``commercial harvester,'' as defined in Rule 46-24.002(2), Florida

Administrative Code, in effect as of June 1, 1994. This incorporation

by reference has been submitted to the Director of the Office of the

Federal Register for approval in accordance with 5 U.S.C. 552(a) and 1

CFR part 51. Copies may be obtained from the Florida Marine Fisheries

Commission, 2540 Executive Center Circle West, Suite 106, Tallahassee,

FL 32301; telephone: 904-487-0554. Copies may be inspected at the

Office of the Regional Director; the Office of Fisheries Conservation

and Management, NMFS, 1315 East-West Highway, Silver Spring, MD 20910;

or the Office of the Federal Register, 800 North Capitol Street, NW,

Suite 700, Washington, DC.

ida Marine Fisheries

Commission, 2540 Executive Center Circle West, Suite 106, Tallahassee,

FL 32301; telephone: 904-487-0554. Copies may be inspected at the

Office of the Regional Director; the Office of Fisheries Conservation

and Management, NMFS, 1315 East-West Highway, Silver Spring, MD 20910;

or the Office of the Federal Register, 800 North Capitol Street, NW,

Suite 700, Washington, DC.

(ii) EEZ other than off Florida. For a person to sell, trade, or

barter, or attempt to sell, trade, or barter, a spiny lobster harvested

in the EEZ other than off Florida or for a person to be exempt from the

daily bag and possession limit specified in Sec. 640.23(b)(1) for such

spiny lobster, a Federal vessel permit must be issued to the harvesting

vessel and must be on board. However, see paragraph (a)(1)(i) of this

section for the licenses and certificates required for a person to

possess or land spiny lobster harvested in the EEZ other than off

Florida and subsequently possessed in the EEZ off Florida or landed

from a fishing vessel in Florida.

* * * * *

4. In Sec. 640.6, in paragraph (c), the word ``Secretary'' is

revised to read ``Assistant Administrator'' and paragraph (a) is

revised to read as follows:

Sec. 640.6 Vessel and gear identification.

(a) EEZ off Florida. (1) An owner or operator of a vessel that is

used to harvest spiny lobsters by traps in the EEZ off Florida must

comply with the vessel and gear identification requirements applicable

to the harvesting of spiny lobsters by traps in Florida's waters in

Sections 370.14 and 370.142, Florida Statutes, in effect as of July 1,

1994, and in Rule 46-24.006(3), (4), and (5), Florida Administrative

Code, in effect as of June 1, 1994.

sel that is

used to harvest spiny lobsters by traps in the EEZ off Florida must

comply with the vessel and gear identification requirements applicable

to the harvesting of spiny lobsters by traps in Florida's waters in

Sections 370.14 and 370.142, Florida Statutes, in effect as of July 1,

1994, and in Rule 46-24.006(3), (4), and (5), Florida Administrative

Code, in effect as of June 1, 1994.

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

lobsters by diving in the EEZ off Florida must comply with the vessel

identification requirements applicable to the harvesting of spiny

lobsters by diving in Florida's waters in Rule 46-24.006(6), Florida

Administrative Code, in effect as of June 1, 1994.

(3) The incorporation by reference in paragraphs (a)(1) and (a)(2)

of this section of Sections 370.14 and 370.142, Florida Statutes, and

Rule 46-24.006(3), (4), (5), and (6), Florida Administrative Code, has

been submitted to the Director of the Office of the Federal Register

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

Copies may be obtained from the Florida Marine Fisheries Commission,

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

telephone: 904-487-0554. Copies may be inspected at the Office of the

Regional Director; the Office of Fisheries Conservation and Management,

NMFS, 1315 East-West Highway, Silver Spring, MD 20910; or the Office of

the Federal Register, 800 North Capitol Street, NW, Suite 700,

Washington, DC.

* * * * *

Sec. 640.7 [Amended]

5. In Sec. 640.7, in paragraph (e), the reference to ``Sec. 640.20

(c)(1) and (c)(2)'' is revised to read ``Sec. 640.20(b)(3)(i) and

(b)(3)(ii)''; in paragraph (f), the reference to ``Sec. 640.20(d)'' is

revised to read ``Sec. 640.20(b)(4)''; in paragraph (p), the reference

to ``Sec. 640.23(a) or (b)'' is revised to read ``Sec. 640.23(a),

700,

Washington, DC.

* * * * *

Sec. 640.7 [Amended]

5. In Sec. 640.7, in paragraph (e), the reference to ``Sec. 640.20

(c)(1) and (c)(2)'' is revised to read ``Sec. 640.20(b)(3)(i) and

(b)(3)(ii)''; in paragraph (f), the reference to ``Sec. 640.20(d)'' is

revised to read ``Sec. 640.20(b)(4)''; in paragraph (p), the reference

to ``Sec. 640.23(a) or (b)'' is revised to read ``Sec. 640.23(a),

(b)(1), or (b)(2)'' and the reference to ``Sec. 640.23(c) and (d)'' is

revised to read ``Sec. 640.23(b)(3) and (b)(4)''; in paragraph (q), the

reference to ``Sec. 640.23(d)'' is revised to read

``Sec. 640.23(b)(4)''; in paragraph (r), the reference to

``Sec. 640.23(g)'' is revised to read ``Sec. 640.23(d)''; and in

paragraph (s), the reference to ``Sec. 640.23(h)'' is revised to read

``Sec. 640.23(e)''.

6. Section 640.20 is revised to read as follows:

Sec. 640.20 Seasons.

(a) EEZ off the southern Atlantic states, other than Florida. In

the EEZ off the southern Atlantic states, other than Florida, there are

no seasonal restrictions on the harvest of spiny lobster or on the

possession of traps.

(b) EEZ off Florida and off the Gulf states, other than Florida.

(1) Commercial and recreational fishing season. The commercial and

recreational fishing season for spiny lobster in the EEZ off Florida

and the EEZ off the Gulf states, other than Florida, begins on August 6

and ends on March 31.

(2) Special recreational fishing seasons.

he possession of spiny

lobster traps in the EEZ off Florida. This incorporation by reference

has been submitted to the Director of the Office of the Federal

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

51. Copies may be obtained from the Florida Marine Fisheries

Commission, 2540 Executive Center Circle West, Suite 106, Tallahassee,

FL 32301; telephone: 904-487-0554. Copies may be inspected at the

Office of the Regional Director; the Office of Fisheries Conservation

and Management, NMFS, 1315 East-West Highway, Silver Spring, MD 20910;

or the Office of the Federal Register, 800 North Capitol Street, NW,

Suite 700, Washington, DC.

(ii) In the EEZ off the Gulf states, other than Florida, a spiny

lobster trap may be placed in the water prior to the commercial and

recreational fishing season specified in paragraph (b)(1) of this

section beginning on August 1 and must be removed from the water after

such season not later than April 5.

(iii) A spiny lobster trap, buoy, or rope in the EEZ off Florida or

the EEZ off the Gulf states, other than Florida, during periods not

authorized in paragraphs (b)(3)(i) and (b)(3)(ii) of this section will

be considered unclaimed or abandoned property and may be disposed of in

any manner considered appropriate by the Assistant Administrator or an

authorized officer. An owner of such trap, buoy, or rope remains

subject to appropriate civil penalties.

rida or

the EEZ off the Gulf states, other than Florida, during periods not

authorized in paragraphs (b)(3)(i) and (b)(3)(ii) of this section will

be considered unclaimed or abandoned property and may be disposed of in

any manner considered appropriate by the Assistant Administrator or an

authorized officer. An owner of such trap, buoy, or rope remains

subject to appropriate civil penalties.

(4) Possession of spiny lobsters. A spiny lobster or part thereof

in or from the EEZ off Florida or the EEZ off the Gulf states, other

than Florida, may be possessed only during the periods specified in

paragraphs (b)(1) and (b)(2) of this section, unless accompanied by

proof of lawful harvest in the waters of a foreign nation. A spiny

lobster in a trap in the water during a time such trap is authorized to

be in the EEZ off Florida or the EEZ off the Gulf states, other than

Florida, under paragraph (b)(3)(i) or (b)(3)(ii) of this section will

not be deemed to be possessed provided such spiny lobster is returned

immediately to the water unharmed when a trap is removed from the water

during such time.

(c) Primacy of seasonal restrictions in the EEZ off Florida. The

seasonal restrictions on possession of a spiny lobster or trap in the

EEZ off Florida apply to all spiny lobsters and traps, including spiny

lobsters that may have been lawfully harvested from or traps that may

have been lawfully used in the EEZ other than off Florida.

7. In Sec. 640.22, a sentence is added to the end of paragraph

(a)(1) and paragraph (b)(3)(i) is revised to read as follows:

Sec. 640.22 Gear and diving restrictions.

(a) * * *

(1) * * * Hook, as used in this paragraph (a)(1), does not include

a hook in a hook-and-line fishery for species other than spiny lobster;

and possession of a spiny lobster that has been speared, pierced, or

punctured by such hook is not considered evidence that prohibited gear

was used to take the spiny lobster, provided no prohibited gear is on

board the vessel.

* * * * *

ions.

(a) * * *

(1) * * * Hook, as used in this paragraph (a)(1), does not include

a hook in a hook-and-line fishery for species other than spiny lobster;

and possession of a spiny lobster that has been speared, pierced, or

punctured by such hook is not considered evidence that prohibited gear

was used to take the spiny lobster, provided no prohibited gear is on

board the vessel.

* * * * *

(b) * * *

(3) * * *

(i) For traps in the EEZ off Florida, by the Florida Division of

Law Enforcement, Department of Environmental Protection, in accordance

with the procedures in Rule 46-24.006(7), Florida Administrative Code,

in effect as of June 1, 1994. This incorporation by reference has been

submitted to the Director of the Office of the Federal Register for

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

may be obtained from the Florida Marine Fisheries Commission, 2540

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

telephone: 904-487-0554. Copies may be inspected at the Office of the

Regional Director; the Office of Fisheries Conservation and Management,

NMFS, 1315 East-West Highway, Silver Spring, MD 20910; or the Office of

the Federal Register, 800 North Capitol Street, NW, Suite 700,

Washington, DC.

* * * * *

8. Section 640.23 is revised to read as follows:

Sec. 640.23 Bag/possession limits.

(a) EEZ off the southern Atlantic states, other than Florida. The

daily bag or possession limit for spiny lobster in or from the EEZ off

the southern Atlantic states, other than Florida, is two per person for

commercial and recreational fishing, year-round.

l Street, NW, Suite 700,

Washington, DC.

* * * * *

8. Section 640.23 is revised to read as follows:

Sec. 640.23 Bag/possession limits.

(a) EEZ off the southern Atlantic states, other than Florida. The

daily bag or possession limit for spiny lobster in or from the EEZ off

the southern Atlantic states, other than Florida, is two per person for

commercial and recreational fishing, year-round.

(b) EEZ off Florida and off the Gulf states, other than Florida.

(1) Commercial and recreational fishing season. Except as specified

in paragraphs (b)(3) and (b)(4) of this section, during the commercial

and recreational fishing season specified in Sec. 640.20(b)(1), the

daily bag or possession limit of spiny lobster in or from the EEZ off

Florida and off the Gulf states, other than Florida, is six per person.

(2) Special recreational fishing seasons. During the special

recreational fishing seasons specified in Sec. 640.20(b)(2), the daily

bag or possession limit of spiny lobster--

(i) In or from the EEZ off the Gulf states, other than Florida, is

six per person;

(ii) In or from the EEZ off Florida other than off Monroe County,

Florida, is twelve per person; and

(iii) In or from the EEZ off Monroe County, Florida, is six per

person.

(3) Exemption from the bag/possession limit. During the commercial

and recreational fishing season specified in Sec. 640.20(b)(1), a

person is exempt from the bag and possession limit specified in

paragraph (a) of this section, provided--

e EEZ off Florida other than off Monroe County,

Florida, is twelve per person; and

(iii) In or from the EEZ off Monroe County, Florida, is six per

person.

(3) Exemption from the bag/possession limit. During the commercial

and recreational fishing season specified in Sec. 640.20(b)(1), a

person is exempt from the bag and possession limit specified in

paragraph (a) of this section, provided--

(i) The harvest of spiny lobsters is by diving, or by the use of a

bully net, hoop net, or spiny lobster trap; and

(ii) The vessel from which the person is operating has on board the

required licenses, certificates, or permits, as specified in

Sec. 640.4(a)(1).

(4) Harvest by net or trawl. During the commercial and recreational

fishing season specified in Sec. 640.20(b)(1), aboard a vessel with the

required licenses, certificates, or permits specified in

Sec. 640.4(a)(1) that harvests spiny lobster by net or trawl or has on

board a net or trawl, the possession of spiny lobster in or from the

EEZ off Florida and off the Gulf states, other than Florida, may not

exceed at any time 5 percent, whole weight, of the total whole weight

of all fish lawfully in possession on board such vessel. If such vessel

lawfully possesses a separated spiny lobster tail, the possession of

spiny lobster in or from the EEZ may not exceed at any time 1.6

percent, by weight of the spiny lobster or parts thereof, of the total

whole weight of all fish lawfully in possession on board such vessel.

For the purposes of this paragraph (b)(4), the term ``net or trawl''

does not include a hand-held net, a loading or dip net, a bully net, or

a hoop net.

piny lobster tail, the possession of

spiny lobster in or from the EEZ may not exceed at any time 1.6

percent, by weight of the spiny lobster or parts thereof, of the total

whole weight of all fish lawfully in possession on board such vessel.

For the purposes of this paragraph (b)(4), the term ``net or trawl''

does not include a hand-held net, a loading or dip net, a bully net, or

a hoop net.

(5) Diving at night. The provisions of paragraph (b)(3) of this

section notwithstanding, a person who harvests spiny lobster in the EEZ

by diving at night, that is, from 1 hour after official sunset to 1

hour before official sunrise, is limited to the bag limit specified in

paragraph (b)(1) of this section, whether or not a Federal vessel

permit specified in Sec. 640.4(a)(1) has been issued to and is on board

the vessel from which the diver is operating.

(c) Combination of bag/possession limits. A person who fishes for

or possesses spiny lobster in or from the EEZ under a bag or possession

limit specified in paragraph (a) or (b) of this section may not combine

the bag or possession limits of those paragraphs or combine such bag or

possession limit with a bag or possession limit applicable to state

waters.

(d) Responsibility for bag/possession limits. The operator of a

vessel that fishes for or possesses spiny lobster in or from the EEZ is

responsible for the cumulative bag or possession limit specified in

paragraphs (a) and (b) of this section applicable to that vessel, based

on the number of persons aboard.

(e) Transfer at sea. A person who fishes for or possesses spiny

lobster in or from the EEZ under a bag or possession limit specified in

paragraph (a) or (b) of this section may not transfer a spiny lobster

at sea from a fishing vessel to any other vessel, and no person may

receive at sea such spiny lobster.

Sec. 640.24 [Amended]

9. In Sec. 640.24, the word ``Secretary'' is revised to read

``Assistant Administrator''.

[FR Doc. 95-10737 Filed 4-27-95; 3:57 pm]

BILLING CODE 3510-22-F