Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Red Hind Spawning Aggregations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 961008282-6282-01; I.D. 092796A]

RIN 0648-AI97

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

Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Red Hind

Spawning Aggregations

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 a regulatory

amendment prepared by the Caribbean Fishery Management Council

(Council) in accordance with framework procedures for adjusting

management measures of the Fishery Management Plan for the Reef Fish

Fishery of Puerto Rico and the U.S. Virgin Islands (FMP). In the

Caribbean exclusive economic zone (EEZ) off western Puerto Rico, the

regulatory amendment would adjust the boundary of the existing red hind

spawning aggregation seasonal/area closure and add two additional red

hind spawning aggregation seasonal/area closures. The intended effect

is to protect red hind spawning aggregations by prohibiting fishing in

these areas during the spawning season.

DATES: Written comments must be received on or before November 8, 1996.

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

Cranmore, Southeast Region, NMFS, 9721 Executive Center Drive N., St.

Petersburg, FL 33702.

Requests for copies of the regulatory amendment, which includes an

environmental assessment and a regulatory impact review, should be sent

to the Caribbean Fishery Management Council, 268 Ave. Munoz Rivera,

Suite 1108, San Juan, PR 00918-2577.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery of Puerto Rico and the

U.S. Virgin Islands is managed under the FMP. The FMP was prepared by

the Council and is implemented by regulations at 50 CFR part 622 under

the authority of the Magnuson Fishery Conservation and Management Act.

Background

Red hind, like most groupers, are long-lived, slow-growing, and

aggregate for spawning. Hook and line and fish traps are the most

commonly used gear in the commercial fishery; little data exist on the

recreational fishery.

Commercial landings of red hind off western Puerto Rico have

declined substantially since 1991. Almost 30,000 lb (13,608 kg) of red

hind were reported landed in western Puerto Rico in 1991; landings in

1994 totaled about 11,000 lb (4,990 kg). Both the number and size of

fish caught have declined in commercial landings. Fishing effort for

red hind is highest during the spawning season, December 1 through

February 28. The Council believes that protection of spawning

aggregations is a practical way to reduce fishing mortality and also

increase the likelihood of spawning success.

Amendment 2 (1993) to the FMP established a red hind spawning

aggregation seasonal/area closure in the EEZ off western Puerto Rico,

around Buoy 8 at Tourmaline Bank. In 1996, commercial fishermen

testified that this area is larger and further to the west than needed

to encompass the spawning aggregation around Tourmaline Bank.

Additionally, Puerto Rico's Department of Natural and Environmental

Resources, working in cooperation with commercial fishermen, has

identified two additional red hind spawning aggregations off western

Puerto Rico that need protection.

Management Measures

In the EEZ off western Puerto Rico, the Council is proposing to:

(1) Adjust the boundary of the existing red hind spawning aggregation

seasonal/area closure around Buoy 8 at Tourmaline Bank by moving the

closed area further to the east and reducing the size of the area from

approximately 15 square nautical miles (nm2) to approximately 9

nm2; and (2) add two additional red hind spawning aggregation

seasonal/area closures of 9 nm2 each--one around Buoy 6 at Abrir

La Sierra Bank and the other around a buoy to be deployed in the area

known as ``Bajo de Cico.''

Red hind can be taken as bycatch in fish or crustacean traps or by

other non-selective gear used in directed fisheries off western Puerto

Rico. Thus, all commercial and recreational fishing for all species

needs to be prohibited in the red hind spawning aggregation areas from

December 1 through February 28, each year, to protect the spawning

aggregations and to facilitate effective enforcement of the closed

areas.

Commercial fishermen support these measures to protect the red hind

spawning aggregations. They can shift effort to other species, such as

snappers, outside the closed areas. Also, the adjustment of the

boundary of the existing closure to exclude sandy bottom areas,

previously closed to fishing, will allow trap fishermen to use these

areas to store traps during bad weather. Although testimony by

commercial fishermen indicates that recreational fishermen fish these

spawning aggregations, no data exist on the potential impact on

recreational fishermen of the proposed closed areas.

This proposed rule will close only those portions of the spawning

aggregations off Puerto Rico that are in the EEZ. Complementary

regulations by the Commonwealth of Puerto Rico are required to protect

remaining portions within Puerto Rico's waters.

Action on the Recommended Changes

The Council's recommended changes are within the scope of the

management measures that may be adjusted by the framework procedure

specified in the FMP. The Administrator, Southeast Region, NMFS,

initially concurs that the Council's recommended measures are

consistent with the objectives of the FMP, the national standards, and

other applicable law. Accordingly, the

Council's recommended changes are published for comment. Final

determinations will be made following review of all information and

comments on the proposed rule.

Additional Change Proposed by NMFS

As a technical change to the regulations, NMFS proposes to alter

minimally the boundary of the mutton snapper spawning aggregation area

off the southwest coast of St. Croix. Fishing is prohibited in that

area from March 1 through June 30, each year. The vast majority of the

area is in state waters--Federal regulations apply only in the EEZ

part. This change would (1) better conform the outer boundary of the

area with the 100-fathom depth contour, as was intended in the FMP, as

amended, (2) slightly reduce the EEZ part of the area, and (3) make the

area compatible with that established in the U.S. Virgin Islands

regulations.

Classification

This proposed rule has been determined to be not significant under

E.O. 12866.

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 as follows:

In the EEZ off western Puerto Rico, the proposed rule would

adjust the boundaries of the existing red hind spawning aggregation

seasonal/area closure and add two additional red hind spawning

aggregation seasonal/area closures. The intended effect is to

protect red hind spawning aggregations by prohibiting all fishing in

these areas during the spawning season.

The commercial red hind fishery is composed entirely of small

businesses that could be affected by the management measures

contained in the proposed rule. Based on a 1988 survey, there are

approximately 882 commercial fishing vessels operating off Puerto

Rico. An estimated 161 (or about 18 percent) have homeports near the

proposed closed areas; many of these vessels have access to other

fishing grounds and do not fish for red hind. Therefore, the

proposed regulatory amendment is not expected to affect a

substantial number of small entities. Those businesses that will be

affected by the proposed rule are involved in the harvest of a wide

variety of species, in addition to red hind; red hind catches

account for only 1.3 percent of the annual fishery value in Puerto

Rico. Furthermore, red hind catches will be affected in only some of

the spawning areas for 3 months per year, and the effect on annual

gross revenues will be considerably less than 5 percent. Hence,

there is not expected to be a significant economic impact on a

substantial number of small entities and a regulatory flexibility

analysis was not prepared.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: October 18, 1996.

Gary C. Matlock,

Acting 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. 622.33, paragraph (a), paragraph (b) introductory text,

and paragraph (b)(3) are revised to read as follows:

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

(a) Mutton snapper spawning aggregation area. From March 1 through

June 30, each year, fishing is prohibited in that part of the following

area that is in the EEZ. The area is bounded by rhumb lines connecting,

in order, the points listed.

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Point North lat. West long.

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A................................ 17 deg.37.8' 64 deg.53.0'

B................................ 17 deg.39.0' 64 deg.53.0'

C................................ 17 deg.39.0' 64 deg.50.5'

D................................ 17 deg.38.1' 64 deg.50.5'

E................................ 17 deg.37.8' 64 deg.52.5'

A................................ 17 deg.37.8' 64 deg.53.0'

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(b) Red hind spawning aggregation areas. From December 1 through

February 28, each year, fishing is prohibited in those parts of the

following areas that are in the EEZ. Each area is bounded by rhumb

lines connecting, in order, the points listed.

* * * * *

(3) West of Puerto Rico.

(i) Bajo de Cico

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Point North lat. West long.

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A................................ 18 deg.15.7' 67 deg.26.4'

B................................ 18 deg.15.7' 67 deg.23.2'

C................................ 18 deg.12.7' 67 deg.23.4'

D................................ 18 deg.12.7' 67 deg.26.4'

A................................ 18 deg.15.7' 67 deg.26.4'

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(ii) Tourmaline Bank

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Point North lat. West long.

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A................................ 18 deg.11.2' 67 deg.22.4'

B................................ 18 deg.11.2' 67 deg.19.2'

C................................ 18 deg.08.2' 67 deg.19.2'

D................................ 18 deg.08.2' 67 deg.22.4'

A................................ 18 deg.11.2' 67 deg.22.4'

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(iii) Abrir La Sierra Bank

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Point North lat. West long.

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A................................ 18 deg.06.5' 67 deg.26.9'

B................................ 18 deg.06.5' 67 deg.23.9'

C................................ 18 deg.03.5' 67 deg.23.9'

D................................ 18 deg.03.5' 67 deg.26.9'

A................................ 18 deg.06.5' 67 deg.26.9'

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[FR Doc. 96-27212 Filed 10-23-96; 8:45 am]

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