Coral Reef Resources of Puerto Rico and the U.S. Virgin Islands; Initial Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 670

[Docket No. 950825218-5218-01; I.D. 073195A]

RIN 0648-AE47

Coral Reef 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 Corals and Reef Associated Plants and Invertebrates

of Puerto Rico and the U.S. Virgin Islands (FMP). This rule proposes

restrictions on the taking of coral reef resources in or from the

exclusive economic zone (EEZ) around Puerto Rico and the U.S. Virgin

Islands. NMFS, based on a preliminary evaluation of the FMP, has

disapproved two measures involving the adoption of state permit and

reporting requirements because the state permit systems are not yet

fully developed, and the state regulations authorizing these permits,

where they exist, do not satisfy the requirements of the Administrative

Procedure Act, the Magnuson Fishery Conservation and Management Act

(Magnuson Act), and other applicable laws. The proposed rule would

implement the remaining measures in the FMP. The intended effect is to

protect important marine resources.

DATES: Written comments must be received on or before October 16, 1995.

permits,

where they exist, do not satisfy the requirements of the Administrative

Procedure Act, the Magnuson Fishery Conservation and Management Act

(Magnuson Act), and other applicable laws. The proposed rule would

implement the remaining measures in the FMP. The intended effect is to

protect important marine resources.

DATES: Written comments must be received on or before October 16, 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 the FMP, which includes a regulatory impact

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

Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite

1108, San Juan, PR 00918-2577.

Comments regarding the collection-of-information requirement

contained in this proposed rule should be sent to Edward E. Burgess,

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

Petersburg, FL 33702, and to the Office of Information and Regulatory

Affairs, Office of Management and Budget (OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

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 Act.

Background

The FMP addresses corals and reef-associated plants and

invertebrates (coral reef resources) in the waters of the Commonwealth

of Puerto Rico and the Territory of the U.S. Virgin Islands (states)

and the waters of the adjoining EEZ. The proposed regulations would

govern conservation and management of coral reef resources in or from

the adjoining EEZ. The FMP was developed to address general concern for

the effects of man's activities on coral reef resources, including

pollution resulting from coastal development, and the new and rapidly

expanding fishery for the marine aquarium industry, especially in

Puerto Rico

g EEZ. The proposed regulations would

govern conservation and management of coral reef resources in or from

the adjoining EEZ. The FMP was developed to address general concern for

the effects of man's activities on coral reef resources, including

pollution resulting from coastal development, and the new and rapidly

expanding fishery for the marine aquarium industry, especially in

Puerto Rico.

The waters off Puerto Rico could become the principal source of

live coral reef resources for the U.S. marine aquarium market, because

other areas of the Caribbean and Florida have restricted commercial

harvest operations by gear regulations and some quotas. The Council is

concerned about the potential impacts of the aquarium

fishery on targeted organisms and the reef habitat where they are

collected, because of increasing demand and current harvesting methods,

including the use of chemicals and the removal of substrate.

The Council has noted the current rate of degradation of coral reef

resources, their limited distribution and the consequent potential for

overexploitation, and the growing demand for reef-associated

invertebrates for aquariums. The FMP, in association with corresponding

state laws, is expected to provide consistent protection for coral reef

resources throughout the U.S. Caribbean.

The FMP proposes to: (1) Prohibit the use of chemicals, plants,

plant-derived toxins, and explosives to take coral reef resources in

the EEZ; (2) limit allowable harvest in the EEZ to dip nets and slurp

guns or by hand; and (3) prohibit the possession or sale of stony

corals, gorgonians, and live rock (prohibited species) taken from the

EEZ.

Additionally, the FMP proposes the adoption of state permit systems

for harvesters and dealers of coral reef resources and for the taking

of prohibited species for scientific, educational, or restoration

purposes

arvest in the EEZ to dip nets and slurp

guns or by hand; and (3) prohibit the possession or sale of stony

corals, gorgonians, and live rock (prohibited species) taken from the

EEZ.

Additionally, the FMP proposes the adoption of state permit systems

for harvesters and dealers of coral reef resources and for the taking

of prohibited species for scientific, educational, or restoration

purposes. However, these portions of the FMP are being disapproved

because the state permit systems for coral reef resources are not yet

fully developed and state regulations authorizing such permits, where

the regulations exist, do not meet the requirements of the

Administrative Procedure Act, the Magnuson Act and other applicable

laws, as discussed below.

Gear Restrictions

A ban on the use of chemicals and explosives to take coral reef

resources, and the specification of hand-held slurp guns and dip nets

as the only allowable gear, are designed to increase survival of

targeted species and to protect non-targeted species from incidental

mortality. Quinaldine, the most commonly used chemical agent, is a coal

tar derivative used in the manufacture of dyes and explosives.

Quinaldine anesthetizes reef fish, lobsters, and other invertebrates,

and makes them easier to collect, but reportedly also decreases their

survival rates and damages surrounding organisms including coral.

The prohibition on the use of a plant or a plant-derived toxin to

harvest coral reef resources would eliminate the historical practice of

using plants native to the U.S. Caribbean, such as Sapindus saponarea,

or their products to stun fish. Harvest by hand in a non-habitat

destructive manner would ensure that no coral heads, or other reef

habitats, are overturned or otherwise disturbed during harvest to allow

access to targeted organisms sheltered beneath them. The proposed gear

restrictions are not expected to adversely affect experienced

harvesters of coral reef resources

as Sapindus saponarea,

or their products to stun fish. Harvest by hand in a non-habitat

destructive manner would ensure that no coral heads, or other reef

habitats, are overturned or otherwise disturbed during harvest to allow

access to targeted organisms sheltered beneath them. The proposed gear

restrictions are not expected to adversely affect experienced

harvesters of coral reef resources. The restrictions are designed to

allow the harvest of these species without bycatch or increased capture

mortality.

Protected Species

Current scientific research indicates that corals and live rock are

relatively slow-growing and may be considered nonrenewable fishery

resources. Although certain of the soft coral species, such as

gorgonians, are faster-growing, the Council determined that there are

insufficient data on growth and replacement rates to propose safe

harvest levels for these species. Consequently, the FMP proposes a

prohibition on taking: (1) Stony coral, which includes fire corals,

hydrocorals, and black corals; (2) gorgonians, including sea fans; and

(3) live rock, except when such taking can be authorized for

scientific, educational, or restoration purposes. Live rock means coral

reef resources attached to a hard substrate, including dead coral or

rock. Live rock is collected by scuba divers and sold to the marine

aquarium industry for use in minireef tanks. NMFS will continue to

monitor relevant scientific data and will revisit the issue if and when

the data show that these corals may be sustainably harvested.

Current harvest of stony coral in the U.S. Caribbean appears to be

negligible. However, pressure to exploit gorgonians and live rock is

expected to grow rapidly as market demand for live marine invertebrates

increases and as regulations elsewhere (e.g., Florida) become

increasingly restrictive. In Puerto Rico, about 40 individuals harvest

live fish and invertebrates for the aquarium trade

d.

Current harvest of stony coral in the U.S. Caribbean appears to be

negligible. However, pressure to exploit gorgonians and live rock is

expected to grow rapidly as market demand for live marine invertebrates

increases and as regulations elsewhere (e.g., Florida) become

increasingly restrictive. In Puerto Rico, about 40 individuals harvest

live fish and invertebrates for the aquarium trade. About 25 percent of

the exports, by number, are invertebrates, especially anemones and

starfish. Less than 4 percent is live rock or corals. The wholesale

(exvessel) value of the approximately 45,500 live coral reef resources

reported exported annually is about $114,000; therefore, the reported

export of stony corals, gorgonians, and live rock is valued at less

than $5,000 annually.

Restriction on Sale

Since harvest of prohibited species would be allowed only for a

scientific, educational, or restoration purpose, sale of prohibited

species in or from the EEZ would not be allowed. Harvest of these

species in state waters is also prohibited. To put a limitation on sale

into effect, it is necessary to be able to distinguish between

prohibited species from the EEZ or adjoining state waters and

prohibited species harvested elsewhere and imported for sale in Puerto

Rico or the U.S. Virgin Islands. Such distinction cannot be made by

appearance or test. Accordingly, the FMP proposes that a species

prohibited for sale in Puerto Rico or the U.S. Virgin Islands will be

presumed to have been harvested from the EEZ or from adjoining state

waters unless it is accompanied by documentation showing that it was

harvested elsewhere

e and imported for sale in Puerto

Rico or the U.S. Virgin Islands. Such distinction cannot be made by

appearance or test. Accordingly, the FMP proposes that a species

prohibited for sale in Puerto Rico or the U.S. Virgin Islands will be

presumed to have been harvested from the EEZ or from adjoining state

waters unless it is accompanied by documentation showing that it was

harvested elsewhere.

The proposed documentation of having been harvested elsewhere would

consist of (1) information specified in 50 CFR Part 246 for marking

containers or packages of organisms that are imported, exported, or

transported in interstate commerce; (2) the name and home port of the

vessel or the name and address of the individual harvesting the

prohibited species; (3) the date and port of landing of the species;

and (4) a statement signed by the person holding the prohibited species

for sale attesting that, to the best of his or her knowledge,

information and belief, the species was harvested from an area other

than the EEZ or adjoining state waters. If approved, the requirement

for documentation of prohibited species that were harvested elsewhere

would become effective approximately 3 months after publication of the

final rule implementing the FMP. Thus, dealers would have a period

during which they could sell existing stocks or obtain the required

documentation.

Permit Requirements/Partial Disapproval of the FMP

adjoining state waters. If approved, the requirement

for documentation of prohibited species that were harvested elsewhere

would become effective approximately 3 months after publication of the

final rule implementing the FMP. Thus, dealers would have a period

during which they could sell existing stocks or obtain the required

documentation.

Permit Requirements/Partial Disapproval of the FMP

Because most of the fishery for coral reef resources occurs in

state waters, the FMP anticipates that permits for harvesters and

dealers, and permits exempting certain activities for scientific,

educational, or restoration purposes, in or from the EEZ, would be

issued by state agencies. For example, a harvest permit currently

required by each state for its waters would be valid for the harvest of

coral reef resources from the adjoining EEZ. State permit requirements

would encompass all species in the approved Federal management unit.

On August 9, 1995, the Regional Director, Southeast Region, NMFS

(Regional Director), disapproved the permit and reporting requirements

contained in the FMP, because the state permit systems on which the FMP

permit provisions depend cannot satisfy the requirements of the

Magnuson Act

and other applicable law. Puerto Rico has no harvest permit requirement

for coral reef resources. The U.S. Virgin Islands has a system for

reporting catch, but it does not currently include all the species in

the Federal management unit. A dealer's permit is not currently

required in either state.

The FMP suggests that the state permit and reporting procedures

could provide additional information on landings, gear, capture

mortality, and trade, but it does not appear that current state systems

could provide this information. In addition, the FMP envisions that

state permit systems can provide exceptions to certain gear

restrictions and the taking of prohibited species for scientific,

educational, or restoration purposes

it and reporting procedures

could provide additional information on landings, gear, capture

mortality, and trade, but it does not appear that current state systems

could provide this information. In addition, the FMP envisions that

state permit systems can provide exceptions to certain gear

restrictions and the taking of prohibited species for scientific,

educational, or restoration purposes. However, research permit

provisions of state regulations are largely discretionary, and the FMP

does not provide details of application requirements, conditions, and

criteria for issuance that could allow for meaningful public comment.

Also, any state authorities that apply in the EEZ would have to be

consistent with the Magnuson Act and other applicable law. These

determinations cannot be made until complete state systems are in

effect.

Since the most easily accessible reef formations are found in state

waters, it is unlikely that any significant number of requests will

need to be made for activities in the EEZ for scientific, educational,

or restoration purposes. Consequently, the proposed rule merely

provides a mechanism to authorize such exceptions on a case-by-case

basis should the need arise. Such authorizations would not relieve

individuals of the obligation to comply with other legal or regulatory

requirements, such as those that may apply in a national marine

sanctuary. (See Sec. 670.24.)

When the state permit and reporting systems for coral reef

resources are fully developed and sufficient detail on their operations

is available, the Council may resubmit these disapproved provisions,

incorporating the state permit systems by an amendment to the FMP.

Additional background and rationale for the measures discussed

above are contained in the FMP, the availability of which was announced

in the Federal Register on August 8, 1995, (60 FR 40340).

Classification

eveloped and sufficient detail on their operations

is available, the Council may resubmit these disapproved provisions,

incorporating the state permit systems by an amendment to the FMP.

Additional background and rationale for the measures discussed

above are contained in the FMP, the availability of which was announced

in the Federal Register on August 8, 1995, (60 FR 40340).

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 implementing 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, except for those parts of

the FMP specifically disapproved, as discussed above. NMFS, in making

that determination with respect to the remaining parts of the FMP, 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 a final environmental impact statement (FEIS)

for the FMP that will be filed with the Environmental Protection Agency

for public review and comment. A notice of its availability for public

comment for 30 days will be published in the Federal Register.

According to the FEIS, the proposed actions would benefit the natural

environment by prohibiting activities that damage live bottom habitat

areas.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief Counsel for Advocacy of

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

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

small entities. The proposed rule would restrict the taking of coral

reef resources in or from the EEZ of the U.S. Caribbean. There are

about 16 small businesses in the U.S

n of the

Department of Commerce certified to the Chief Counsel for Advocacy of

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

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

small entities. The proposed rule would restrict the taking of coral

reef resources in or from the EEZ of the U.S. Caribbean. There are

about 16 small businesses in the U.S. Caribbean which are potentially

involved in the collection, sale and export of coral reef resources.

These firms employ less than 100 workers in all phases of the business

(harvesters, packers, shippers). In addition, to firms involved in the

commercial aspects of harvest, there are an estimated 65 businesses

which provide recreational diving services. Since the FMP can affect

collecting for personal use, there is the chance that these businesses

could be marginally affected by the rule. However, of the total of

about 81 businesses identified, less than 20 percent are expected to be

affected by the proposed rule because the volume of current harvest is

quite low.

Since neither the substantial number nor significant impact

criteria are expected to be met, a determination has been made that the

proposed rule will not result in a significant impact on a substantial

number of small entities. As a result, a regulatory flexibility

analysis was not prepared.

This rule contains a collection-of-information requirement subject

to the Paperwork Reduction Act--namely, documentation of origin of

prohibited species that are for sale in Puerto Rico or the U.S. Virgin

Islands. This requirement has been submitted to OMB for approval. The

public reporting burden for this collection of information is estimated

to average 15 minutes per response, including the time for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information

in Puerto Rico or the U.S. Virgin

Islands. This requirement has been submitted to OMB for approval. The

public reporting burden for this collection of information is estimated

to average 15 minutes per response, including the time for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information. Send comments regarding this reporting

burden estimate or any other aspect of the collection of information,

including suggestions for reducing the burden, to NMFS and OMB (see

ADDRESSES).

List of Subjects in 50 CFR Part 670

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: September 1, 1995.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR is proposed to be

amended by adding part 670 as follows:

PART 670--CORAL REEF RESOURCES OF PUERTO RICO AND THE U.S. VIRGIN

ISLANDS

Subpart A--General Provisions

Sec.

670.1 Purpose and scope.

670.2 Definitions.

670.3 Relation to other laws.

670.4 Permits. [Reserved]

670.5 Recordkeeping and reporting.

670.6 Vessel identification.

670.7 Prohibitions.

670.8 Facilitation of enforcement.

670.9 Penalties.

Subpart B--Management Measures

670.20 Fishing year.

670.21 Harvest limitations.

670.22 Gear restrictions.

670.23 Restrictions on sale or purchase.

670.24 Specifically authorized activities.

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

Subpart A--General Provisions

Sec. 670.1 Purpose and scope.

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

Plan for Corals and Reef Associated Plants and Invertebrates of Puerto

Rico and the U.S. Virgin Islands prepared by the Caribbean Fishery

Management Council under the Magnuson Act.

hase.

670.24 Specifically authorized activities.

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

Subpart A--General Provisions

Sec. 670.1 Purpose and scope.

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

Plan for Corals and Reef Associated Plants and Invertebrates of Puerto

Rico and the U.S. Virgin Islands prepared by the Caribbean Fishery

Management Council under the Magnuson Act.

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

resources in or from the EEZ around Puerto Rico and the U.S. Virgin

Islands. ``EEZ'' in this part refers to the EEZ in those geographical

areas, unless the context clearly indicates otherwise.

Sec. 670.2 Definitions.

In addition to the definitions in the Magnuson Act and in

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

following meanings:

Coral reef resource means one or more of the following, or a part

thereof, whether living or dead:

Sponges--Class Demospongiae

Aphimedon compressa, Erect rope sponge

Chondrilla nucula, Chicken liver sponge

Cynachirella alloclada

Geodia neptuni, Potato sponge

Haliclona sp., Finger sponge

Myriastra sp.

Niphates digitalis, Pink vase sponge

N. erecta, Lavender rope sponge

Spinosella policifera

S. vaginalis

Tethya crypta

Hydrocorals--Class Hydrozoa

Hydroids--Order Hydroida

Fire Corals--Order Milleporina

Millepora sp.

Lace Corals--Order Stylasterina

Stylaster roseus, Rose lace corals

Anthozoans--Class Anthozoa

a

Geodia neptuni, Potato sponge

Haliclona sp., Finger sponge

Myriastra sp.

Niphates digitalis, Pink vase sponge

N. erecta, Lavender rope sponge

Spinosella policifera

S. vaginalis

Tethya crypta

Hydrocorals--Class Hydrozoa

Hydroids--Order Hydroida

Fire Corals--Order Milleporina

Millepora sp.

Lace Corals--Order Stylasterina

Stylaster roseus, Rose lace corals

Anthozoans--Class Anthozoa

Soft corals--Order Alcyonacea

Family Anthothelidae

Erythropodium caribaeorum, Encrusting gorgonian

Iciligorgia schrammi, Deepwater sea fan

Family Briareidae

Briareum asbestinum, Corky sea finger

Family Telestacea

Telesto riisei, Telesto

Gorgonians--Order Gorgonacea

Family Gorgoniidae

Gorgonia flabellum, Venus sea fan

G. mariae, Wide-mesh sea fan

G. ventalina, Common sea fan

Pseudopterogorgia acerosa, Sea plume

P. albatrossae

P. americana, Slimy sea plume

P. bipinnata, Bipinnate plume

P. rigida

Pterogorgia anceps, Angular sea whip

P. citrina, Yellow sea whip

Family Plexauridae

Eunicea calyculata, Warty sea rod

E. clavigera

E. fusca, Doughnut sea rod

E. knighti

E. laciniata

E. laxispica

E. mammosa, Swollen-knob

E. succinea, Shelf-knob sea rod

E. touneforti

Muricea atlantica

M. elongata, Orange spiny rod

M. laxa, Delicate spiny rod

M. muricata, Spiny sea fan

M. pinnata, Long spine sea fan

Muriceopsis sp.

M. flavida, Rough sea plume

M. sulphurea

Plexaura flexuosa, Bent sea rod

P. homomalla, Black sea rod

Pseudoplexaura crucis

P. flagellosa

P. porosa, Porous sea rod

P. wagenaari

Plexaurella dichotoma, Slit-pore sea rod

P. fusifera

P. grandiflora

P. grisea

P. nutans, Giant slit-pore

Family Ellisellidae

Ellisella spp., Sea whips

Hard Corals--Order Scleractinia

Family Astrocoeniidae

Stephanocoenia michelinii, Blushing star

Family Pocilloporidae

Madracis decactis, Ten-ray star coral

M. mirabilis, Yellow pencil

Family Acroporidae

Acropora cervicornis, Staghorn coral

A. palmata, Elkhorn coral

A

sea rod

P. fusifera

P. grandiflora

P. grisea

P. nutans, Giant slit-pore

Family Ellisellidae

Ellisella spp., Sea whips

Hard Corals--Order Scleractinia

Family Astrocoeniidae

Stephanocoenia michelinii, Blushing star

Family Pocilloporidae

Madracis decactis, Ten-ray star coral

M. mirabilis, Yellow pencil

Family Acroporidae

Acropora cervicornis, Staghorn coral

A. palmata, Elkhorn coral

A. prolifera, Fused staghorn

Family Agaricidae

Agaricia agaricities, Lettuce leaf coral

A. fragilis, Fragile saucer

A. lamarcki, Lamarck's sheet

A. tenuifolia, Thin leaf lettuce

Leptoseris cucullata, Sunray lettuce

Family Siderastreidae

Siderastrea radians, Lesser starlet

S. siderea, Massive starlet

Family Poritidae

Porites astreoides, Mustard hill coral

P. branneri, Blue crust coral

P. divaricata, Small finger coral

P. porites, Finger coral

Family Faviidae

Cladocora arbuscula, Tube coral

Colpophyllia natans, Boulder coral

Diploria clivosa, Knobby brain coral

D. labyrinthiformis, Grooved brain

D. strigosa, Symmetrical brain

Favia fragum, Golfball coral

Manicina areolata, Rose coral

M. mayori, Tortugas rose coral

Montastrea annularis, Boulder star coral

M. cavernosa, Great star coral

Solenastrea bournoni, Smooth star coral

Family Rhizangiidae

Astrangia solitaria, Dwarf cup coral

Phyllangia americana, Hidden cup coral

Family Meandrinidae

Dendrogyra cylindrus, Pillar coral

Dichocoenia stellaris, Pancake star

D. stokesi, Elliptical star

Meandrina meandrites, Maze coral

Family Mussidae

Isophyllastrea rigida, Rough star coral

Isophyllia sinuosa, Sinuous cactus

Mussa angulosa, Large flower coral

Mycetophyllia aliciae, Thin fungus coral

M. danae, Fat fungus coral

M. ferox, Grooved fungus

M. lamarckiana, Fungus coral

Scolymia cubensis, Artichoke coral

S

cularis, Netted olive

Family Elysiidae

Tridachia crispata, Lettuce sea slug

Bivalves--Class Bivalvia

Family Limidae

Lima spp., Fileclams

L. scabra, Rough fileclam

Family Spondylidae

Spondylus americanus, Atlantic thorny oyster

Cephalopods--Class Cephalopoda

Octopuses--Order Octopoda

Family Octopodidae

Octopus spp. (except the Common octopus, O. vulgaris)

Crustaceans--Class Crustacea

Decapods--Order Decapoda

Family Stenopodidae, Coral shrimp

Stenopus hispidus, Banded shrimp

S. scutellatus, Golden shrimp

Family Hippolytidae

Lysmata spp., Peppermint shrimp

Thor amboinensis, Anemone shrimp

Family Palaemonida

Periclimenes spp., Cleaner shrimp

Family Alpheidae

Alpheaus armatus, Snapping shrimp

Family Diogenidae

Paguristes spp., Hermit crabs

P. cadenati, Red reef hermit

Family Majidae, Coral crabs

Mithrax spp., Clinging crabs

M. cinctimanus, Banded clinging

M. sculptus,, Green clinging

Stenorhynchus seticornis, Yellowline arrow

Family Grapsidae

Percnon gibbesi, Nimble spray crab

Family Squillidae, Mantis crabs

Gonodactylus spp.

Lysiosquilla spp.

Bryozoans--Phylum Bryozoa

Starfish--Class Stelleroidea

Analcidometra armata, Swimming crinoid

Astropecten spp., Sand stars

Astrophyton muricatum, Giant basket star

Davidaster spp., Crinoids

Linckia guildingii, Common comet star

Nemaster spp., Crinoids

Ophidiaster guildingii, Comet star

Ophiocoma spp., Brittlestars

Ophioderma spp., Brittlestars

O. rubicundum, Ruby brittlestar

Oreaster reticulatus, Cushion sea star

Sea Urchins--Class Echinoidea

Diadema antillarum, Long-spined urchin

Echinometra spp., Purple urchin

Eucidaris tribuloides, Pencil urchin

Lytechinus spp., Pin cushion urchin

Tripneustes ventricosus, Sea egg

Sea Cucumbers--Class Holothuroidea

Holothuria spp., Sea cucumbers

Tunicates--Subphylum Urochordata

Green Algae--Phylum Chlorophyta

Caulerpa spp., Green grape algae

Halimeda spp., Watercress algae

Penicillus spp., Neptune's brush

Udotea spp., Mermaid's fan

Ventricaria ventricosa, Sea pearls

tribuloides, Pencil urchin

Lytechinus spp., Pin cushion urchin

Tripneustes ventricosus, Sea egg

Sea Cucumbers--Class Holothuroidea

Holothuria spp., Sea cucumbers

Tunicates--Subphylum Urochordata

Green Algae--Phylum Chlorophyta

Caulerpa spp., Green grape algae

Halimeda spp., Watercress algae

Penicillus spp., Neptune's brush

Udotea spp., Mermaid's fan

Ventricaria ventricosa, Sea pearls

Red Algae--Phylum Rhodophyta

Sea grasses--Phylum Angiospermae

Halodule wrightii, Shoal grass

Halophila spp., Sea vines

Ruppia maritima, Widgeon grass

Syringodium filiforme, Manatee grass

Thalassia testudium, Turtle grass

Gorgonian means a coral reef resource of the Class Anthozoa,

Subclass Octocorallia, Order Gorgonacea.

Live rock means a coral reef resource attached to a hard substrate,

including dead coral or rock (excluding individual mollusk shells).

Prohibited species means a gorgonian, a live rock, or a stony

coral, or a part thereof.

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

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

570-5301; or a designee.

Science and Research Director means the Science and Research

Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach

Drive, Miami, FL 33149, telephone 305-361-5761; or a designee.

Scientific, educational, or restoration purpose means the objective

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

management of coral reef resources or restoring a disturbed habitat as

closely as possible to its original condition.

Stony coral means a coral reef resource--

(1) Of the Class Hydrozoa (fire corals and hydrocorals); or

3149, telephone 305-361-5761; or a designee.

Scientific, educational, or restoration purpose means the objective

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

management of coral reef resources or restoring a disturbed habitat as

closely as possible to its original condition.

Stony coral means a coral reef resource--

(1) Of the Class Hydrozoa (fire corals and hydrocorals); or

(2) Of the Class Anthozoa, Subclass Hexacorallia, Orders

Scleractinia (stony corals) and Antipatharia (black corals).

Sec. 670.3 Relation to other laws.

The relation of this part to other laws is set forth in Sec. 620.3

of this chapter.

Sec. 670.4 Permits. [Reserved]

Sec. 670.5 Recordkeeping and reporting.

A person possessing a coral reef resource in or from the EEZ is

required upon request to make such coral reef resource available for

inspection by the Science and Research Director or an authorized

officer.

Sec. 670.6 Vessel identification.

(a) Official number. A vessel that fishes for or possesses coral

reef resources in or from the EEZ 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.

ll, 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 a vessel that fishes for or

possesses coral reef resources in or from the EEZ 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 on board obstructs the view of the official

number from an enforcement vessel or aircraft.

Sec. 670.7 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) Fail to make a coral reef resource in or from the EEZ available

for inspection, as specified in Sec. 670.5.

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

as required by Sec. 670.6.

(c) Fish for or possess a prohibited species in or from the EEZ, as

specified in Sec. 670.21.

(d) Use an explosive to harvest a coral reef resource in the EEZ or

possess dynamite or a similar explosive substance on board a vessel, as

specified in Sec. 670.22(a).

(e) Use a chemical, plant, or plant derived toxin to harvest a

coral reef resource in the EEZ, as specified in Sec. 670.22(b).

(f) Harvest a coral reef resource in the EEZ other than as

specified in Sec. 670.22(c).

(g) Purchase, barter, trade, or sell, or attempt to purchase,

barter, trade, or sell a prohibited species harvested in the EEZ, as

specified in Sec. 670.23(a).

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

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

sale, possession, or transfer of a coral reef resource.

ther than as

specified in Sec. 670.22(c).

(g) Purchase, barter, trade, or sell, or attempt to purchase,

barter, trade, or sell a prohibited species harvested in the EEZ, as

specified in Sec. 670.23(a).

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

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

sale, possession, or transfer of a coral reef resource.

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

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

connection with enforcement of the Magnuson Act.

Sec. 670.8 Facilitation of enforcement.

See Sec. 620.8 of this chapter.

Sec. 670.9 Penalties.

See Sec. 620.8 of this chapter.

Subpart B--Management Measures

Sec. 670.20 Fishing year.

The fishing year for coral reef resources begins on January 1 and

ends on December 31.

Sec. 670.21 Harvest limitations.

No person may fish for or possess a prohibited species in or from

the EEZ. The taking of a prohibited species in the EEZ as incidental

catch will not be considered unlawful possession of a prohibited

species provided it is returned immediately to the sea in the general

area of fishing.

Sec. 670.22 Gear restrictions.

(a) An explosive may not be used to harvest a coral reef resource

in the EEZ. Dynamite or a similar explosive substance may not be

possessed on board a vessel that possesses a coral reef resource in or

from the EEZ.

(b) No person may use a chemical, plant, or plant derived toxin to

harvest a coral reef resource in the EEZ.

(c) A coral reef resource in the EEZ may be harvested only with a

hand-held dip net or slurp gun, or by hand in a manner that does not

injure or destroy a coral reef resource or its habitat. For the

purposes of Sec. 670.7(f) and this paragraph (c), a hand-held slurp gun

is a device that rapidly draws seawater containing fish into a self-

contained chamber.

Sec. 670.23 Restrictions on sale or purchase.

al reef resource in the EEZ may be harvested only with a

hand-held dip net or slurp gun, or by hand in a manner that does not

injure or destroy a coral reef resource or its habitat. For the

purposes of Sec. 670.7(f) and this paragraph (c), a hand-held slurp gun

is a device that rapidly draws seawater containing fish into a self-

contained chamber.

Sec. 670.23 Restrictions on sale or purchase.

(a) No person may purchase, barter, trade, or sell, or attempt to

purchase, barter, trade, or sell a prohibited species harvested in the

EEZ.

(b) A prohibited species that is sold or exchanged, or offered for

sale or exchange, in Puerto Rico or the U.S. Virgin Islands will be

presumed to have been harvested in the EEZ unless it is accompanied by

documentation showing that it was harvested elsewhere. Such

documentation must contain:

(1) The information specified in 50 CFR part 246 for marking

containers or packages of fish or wildlife that are imported, exported,

or transported in interstate commerce;

(2) The name and home port of the vessel, or the name and address

of the individual, harvesting the prohibited species;

(3) The port and date of landing the prohibited species; and

(4) A statement signed by the person selling or exchanging, or

offering for sale or exchange, the prohibited species attesting that,

to the best of his or her knowledge, information, and belief, such

prohibited species was harvested other than in the EEZ or the waters of

Puerto Rico or the U.S. Virgin Islands.

Sec. 670.24 Specifically authorized activities.

The Regional Director may authorize the harvest and possession of a

prohibited species in or from the EEZ for a scientific, educational, or

restoration purpose and may authorize activities otherwise prohibited

by the regulations in this part for the acquisition of information and

data.

[FR Doc. 95-22239 Filed 9-1-95; 5:01 pm]

BILLING CODE 3510-22-F