Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 14

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 961108316-6316-01; I.D. 101796C]

RIN 0648-AI47

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

Reef Fish Fishery of the Gulf of Mexico; Amendment 14

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 Amendment 14 to

the Fishery Management Plan for the Reef Fish Resources of the Gulf of

Mexico (FMP). This proposed rule would prohibit the use or possession

of fish traps in the exclusive economic zone (EEZ) of the Gulf of

Mexico (Gulf) beginning February 8, 2007; prohibit the use or

possession of fish traps west of 85 deg.30' W. long.; modify the

procedure for retrieval of fish traps when a breakdown prevents a

vessel with a trap endorsement from retrieving its traps; modify the

restrictions on transfer of fish trap endorsements and reef fish

permits; prohibit the harvest or possession of Nassau grouper in or

from the EEZ of the Gulf; and clarify the authority of the Regional

Administrator, Southeast Region, NMFS (RA), to reopen a prematurely

closed fishery. In addition, NMFS proposes to extend the current

prohibition on the possession of dynamite on board a permitted vessel

to those vessels permitted in the South Atlantic golden crab fishery.

The intended effects of this rule are to conserve and manage the reef

fish resources of the Gulf and enhance enforceability of the

regulations.

DATES: Written comments must be received on or before January 9, 1997.

on, NMFS proposes to extend the current

prohibition on the possession of dynamite on board a permitted vessel

to those vessels permitted in the South Atlantic golden crab fishery.

The intended effects of this rule are to conserve and manage the reef

fish resources of the Gulf and enhance enforceability of the

regulations.

DATES: Written comments must be received on or before January 9, 1997.

ADDRESSES: Comments on the proposed rule or on the initial regulatory

flexibility analysis (IRFA) must be sent to Robert Sadler, Southeast

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

FL 33702.

Comments regarding the collection-of-information requirement

contained in this 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).

Requests for copies of Amendment 14, which includes an

environmental assessment, a regulatory impact review (RIR), and an

IRFA, should be sent to the Gulf of Mexico Fishery Management Council,

5401 West Kennedy Boulevard, Suite 331, Tampa, FL, 33609, PHONE: 813-

228-2815; FAX: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico

is managed under the FMP. The FMP was prepared by the Gulf of Mexico

Fishery Management Council (Council) and is implemented through

regulations at 50 CFR part 622 under the authority of the Magnuson-

Stevens Fishery Conservation and Management Act (Magnuson Act).

Background and Rationale

The Council developed Amendment 14 to address various problems in

the reef fish fishery. Most of the problems are associated with the

fish trap fishery and the February 7, 1997, expiration of the existing

moratorium on the issuance of additional fish trap endorsements.

Phaseout of the Use of Fish Traps in the Gulf

hery Conservation and Management Act (Magnuson Act).

Background and Rationale

The Council developed Amendment 14 to address various problems in

the reef fish fishery. Most of the problems are associated with the

fish trap fishery and the February 7, 1997, expiration of the existing

moratorium on the issuance of additional fish trap endorsements.

Phaseout of the Use of Fish Traps in the Gulf

The Council established a moratorium on additional fish trap

endorsements under Amendment 5 that will extend through February 7,

1997 (final rule implementing Amendment 5 was effective February 7,

1994; 59 FR 966). This moratorium was implemented to stabilize the

number of participants in the fish trap fishery until the Council could

obtain better information on the trap fishery's ecological impacts.

This information was recently provided through completion of a NMFS

observer study on the biological effects of the fish trap fishery. The

study indicated, that for the particular area where most of the study

data were collected, fish traps can target the higher-value species

(grouper and snapper) without major bycatch of non-targeted species.

Because the study's duration and geographical extent were limited, the

Council determined that the study data and conclusions may not be

representative of the Gulf reef fish trap fishery as a whole.

Many of the Council members were concerned over the apparent lack

of compliance with fish trap rules and believed that enforcement would

never be adequate to assure compliance. The Council members were

concerned over the impacts of incidental catch of non-targeted species,

increased unreported fishing effort, and long-term ghost fishing from

abandoned or lost traps with non-functioning escape panels. Because

fish traps are completely submerged and can be fished without fishermen

being present, they are difficult for enforcement officers to locate

and, if being fished illegally without surface buoys, are difficult to

identify

ntal catch of non-targeted species,

increased unreported fishing effort, and long-term ghost fishing from

abandoned or lost traps with non-functioning escape panels. Because

fish traps are completely submerged and can be fished without fishermen

being present, they are difficult for enforcement officers to locate

and, if being fished illegally without surface buoys, are difficult to

identify. Regulations pertaining to trap construction specifications,

including escape panels, prohibited areas, and tag requirements can

only be enforced if the fisherman is intercepted during the relatively

short periods of deployment or retrieval. The Council's Law Enforcement

and Reef Fish Advisory Panels both recommended that the use of fish

traps be banned in the Gulf EEZ.

After extensive deliberations and consideration of public comments,

the Council proposed a 10-year phaseout of the fish trap fishery.

Compared to an immediate prohibition, the 10-year phaseout period would

spread the economic impact on the existing participants over a

relatively long time. This phaseout period would allow fishermen to

make a gradual transition to other fisheries without the disruption

associated with an immediate termination of the fishery. The majority

of fishermen in the fish trap fishery are only partially dependent on

the fishery and can switch to other fisheries or fishing methods in

which they are already participating.

Prohibition on the Use or Possession of Fish Traps West of Cape San

Blas, FL

to

make a gradual transition to other fisheries without the disruption

associated with an immediate termination of the fishery. The majority

of fishermen in the fish trap fishery are only partially dependent on

the fishery and can switch to other fisheries or fishing methods in

which they are already participating.

Prohibition on the Use or Possession of Fish Traps West of Cape San

Blas, FL

The Council proposes to prohibit the use of fish traps west of

85 deg.30' W. long., the longitude of Cape San Blas, FL, consistent

with the Council's intent to limit, reduce, and ultimately eliminate

the use of fish traps. This measure would prevent an expansion of the

fishery beyond its current geographical range and was supported by most

persons who testified on this measure at the Council's public hearings.

The measure would also limit potential enforceability problems by

restricting the area where traps may be used. The immediate effects on

fishermen would be limited since only one person who owns a vessel with

a fish trap endorsement resides west of Cape San Blas, FL.

Modification of the Procedure for Retrieval of Fish Traps

In the event of a breakdown of a vessel with a fish trap

endorsement, current regulations allow another vessel to retrieve its

fish traps, if written authorization from the owner or operator of the

vessel with the endorsement is on board. Those authorizations do not

have to be obtained from or registered with NMFS. This provision is

being used in a manner not intended by the Council. Some owners of

vessels with fish trap endorsements are providing such authorizations

to the operators of other vessels without regard to vessel breakdowns.

In this manner, vessels that do not have fish trap endorsements are

being used to tend traps

ose authorizations do not

have to be obtained from or registered with NMFS. This provision is

being used in a manner not intended by the Council. Some owners of

vessels with fish trap endorsements are providing such authorizations

to the operators of other vessels without regard to vessel breakdowns.

In this manner, vessels that do not have fish trap endorsements are

being used to tend traps.

To provide greater accountability for retrieval of traps when

vessel breakdown prevents retrieval by the vessel with the fish trap

endorsement, the proposed measure would require that authorization to

retrieve a disabled vessel's traps be obtained from NMFS' Office of

Enforcement. Such authorizations would be specific as to vessel,

individual(s), point of landing, and time period, and be issued only at

the time that a disabling incident occurs. This measure would allow

enforcement personnel, including U.S. Coast Guard and state enforcement

officers, to check with NMFS' Office of Enforcement to verify the terms

of authorization. The Office of Enforcement will accept phone calls

around the clock; messages at certain times of the day will require a

return call by office personnel.

Modification of the Restrictions on Transfer of Fish Trap

Endorsements

During the first 2 years of the phaseout period, fish trap

endorsements would be transferable among vessels with reef fish

permits. This initial transfer period is intended to give fish trap

fishermen an opportunity to exit the fishery and receive economic

compensation by selling their endorsements. The Council limited the

period for unrestricted transfers to 2 years to encourage a continued

reduction in the number of fish trap endorsements for the remainder of

the phaseout

nsferable among vessels with reef fish

permits. This initial transfer period is intended to give fish trap

fishermen an opportunity to exit the fishery and receive economic

compensation by selling their endorsements. The Council limited the

period for unrestricted transfers to 2 years to encourage a continued

reduction in the number of fish trap endorsements for the remainder of

the phaseout.

During the third through the tenth year of the phaseout period,

fish trap endorsements would be transferable only to an immediate

family member, another person upon death or disability of the

endorsement holder, another vessel owned by the same entity, or any of

the 56 individuals who were fishing traps after November 19, 1992, and

were excluded by the current moratorium. The limitation on transfer of

endorsements under these conditions would be expected to result in

additional attrition during the last 8 years of the phaseout.

Endorsements that expire and are not renewed would not be reissued.

Modification of the Restrictions on Transfer of Reef Fish Permits

The current regulations allow transfer of a permit between persons

only when the owner of the vessel whose permit is being transferred has

met the income qualification for the permit. This prevents a vessel

operator, whose earned income qualified a vessel for a permit, from

acquiring the permit by transfer from the owner when buying the vessel

from the owner. The Council proposed an exception to the general rule

that only an owner-qualified permit may be transferred to another

person by allowing the transfer when the recipient is the income-

qualifying operator.

The Council also proposed to allow a non-income-qualifying owner

who loses his income-qualifying operator to continue in the reef fish

fishery for a limited time (grace period) in order to meet the income

qualification for the vessel permit

that only an owner-qualified permit may be transferred to another

person by allowing the transfer when the recipient is the income-

qualifying operator.

The Council also proposed to allow a non-income-qualifying owner

who loses his income-qualifying operator to continue in the reef fish

fishery for a limited time (grace period) in order to meet the income

qualification for the vessel permit. Currently, upon transfer of a reef

fish permit, an owner who does not meet the earned income requirement

and who receives a trap permit by transfer may continue to operate the

vessel in the fishery for one full calendar year in order to meet that

requirement. An additional 3\1/2\ months (beyond the one full calendar

year period) is provided for the new owner to document his/her earned

income for the calendar year and apply for renewal of the permit and

for NMFS to process the application and issue a renewed permit.

However, an owner who loses his/her earned-income qualifying operator

does not have the same grace period. The Council's proposal would grant

the same grace period for meeting the earned income requirement to such

owner.

Prohibition on the Harvest or Possession of Nassau Grouper

Nassau grouper is on the candidate list of threatened or endangered

species under the Endangered Species Act. The species is classified by

NMFS as over-utilized, with a current potential yield of zero. Harvest

and possession of Nassau grouper is prohibited in Florida's waters, the

South Atlantic EEZ, and the Caribbean EEZ, but not in the Gulf EEZ. A

closure of the Gulf EEZ would provide consistent regulations for Nassau

grouper in the U.S. EEZ. Economic impacts are expected to be limited,

because Nassau grouper have comprised 0.5 percent of shallow-water

grouper harvest in recent years.

Reopening of a Commercial or Recreational Fishery

hibited in Florida's waters, the

South Atlantic EEZ, and the Caribbean EEZ, but not in the Gulf EEZ. A

closure of the Gulf EEZ would provide consistent regulations for Nassau

grouper in the U.S. EEZ. Economic impacts are expected to be limited,

because Nassau grouper have comprised 0.5 percent of shallow-water

grouper harvest in recent years.

Reopening of a Commercial or Recreational Fishery

The Council proposes to authorize the RA to reopen a commercial or

recreational fishery for a Gulf reef fish species or species group when

needed to ensure that a commercial quota or recreational allocation may

be reached. Such authorization would constitute a modification to the

framework procedure of the FMP for making changes to management

measures. As the closure provisions currently apply only to Gulf reef

fish species or species groups that have commercial quotas, the

proposed change would not be immediately applicable to the recreational

fisheries for Gulf reef fish.

Availability of Amendment 14

Additional background and rationale for the measures discussed

above are contained in Amendment 14, the availability of which was

announced in the Federal Register (61 FR 55128, October 24, 1996).

Changes Proposed by NMFS

Current regulations prohibit the possession on board a permitted

vessel of dynamite or similar explosive substance. To apply this

prohibition to permitted vessels in the South Atlantic golden crab

fishery, NMFS proposes to add, at Sec. 622.31(a), a reference to

Sec. 622.17, which is the section that requires permits in the golden

crab fishery.

Generally, a vessel permit or endorsement is not transferable. To

correctly reflect the current exceptions to that general rule, NMFS

proposes to add, at Sec. 622.4(g), a reference to Sec. 622.4(p)

regarding transfers of red snapper endorsements.

NMFS proposes other minor language changes for consistency and

clarity.

Classification

are not practicable because the trap gear cannot

be adequately monitored and enforced. Approximately 87 percent of these

entities (80 in number) would be able to switch to other fisheries, but

would incur substantial increases in costs to acquire and operate the

alternative gear. Since the fish traps and related gear would not be

marketable, all investments in the traps and gear would be lost.

Approximately 13 percent of these entities (12 in number) would be

unable to switch to other fisheries and would be forced to cease

business operations. No duplicative, overlapping, or conflicting

Federal rules have been identified regarding this action. Significant

alternatives to the proposed action to eliminate the use of fish trap

gear in ten years were considered including: Several related

alternatives that would create a permanent fish trap license limitation

system but differed in the number of allowed participants; an

alternative that would extend the current permit moratorium until the

year 2000; an alternative delaying any decisions for two years; and a

status-quo alternative. The Council chose its preferred alternative

(ten-year phase out of the trap fishery) based on a determination that

this action would address its concerns about the adverse biological

impacts of fish traps and the serious enforcement difficulties with

this fishery, while providing affected trap fishermen sufficient time

to plan for the termination of the fishery. The IRFA discusses the

costs and benefits of all the alternatives considered by the Council

for this action. The IRFA also identifies and assesses the alternatives

for the other proposed measures of Amendment 14. A copy of the IRFA is

available (see ADDRESSES)

t difficulties with

this fishery, while providing affected trap fishermen sufficient time

to plan for the termination of the fishery. The IRFA discusses the

costs and benefits of all the alternatives considered by the Council

for this action. The IRFA also identifies and assesses the alternatives

for the other proposed measures of Amendment 14. A copy of the IRFA is

available (see ADDRESSES).

Notwithstanding any other provision of law, no person is required

to respond to nor shall a person be subject to a penalty for failure to

comply with a collection of information subject to the requirements of

the Paperwork Reduction Act (PRA) unless that collection of information

displays a currently valid OMB Control Number.

This rule contains a new collection-of-information requirement

subject to the PRA--namely, the requirement that, when a vessel with a

fish trap

endorsement has a breakdown that prevents the vessel from retrieving

its traps, the owner or operator must notify the nearest NMFS Office of

Enforcement and obtain authorization for another vessel to retrieve the

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

public reporting burden for this collection of information is estimated

at 3 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 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: November 13, 1996.

Rolland A. Schmitten,

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:

g the burden, to NMFS and OMB (see

ADDRESSES).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: November 13, 1996.

Rolland A. Schmitten,

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. 622.4, in paragraph (a)(2)(i), in the second sentence,

the words ``moratorium on'' are removed; in paragraph (a)(2)(v), the

last sentence is revised; in paragraph (g), the first sentence is

revised; paragraphs (m) and (n) are revised; and in paragraph (p)(3)(i)

the last, parenthetical sentence is revised to read as follows:

Sec. 622.4 Permits and fees.

(a) * * *

(2) * * *

(v) * * * See paragraph (m) of this section regarding a moratorium

on commercial vessel permits for Gulf reef fish and paragraphs (m)(3)

and (m)(5) of this section for limited exceptions to the earned income

requirement for a permit.

* * * * *

(g) * * * A vessel permit or endorsement or dealer permit issued

under this section is not transferable or assignable, except as

provided in paragraph (m) of this section for a commercial vessel

permit for Gulf reef fish, as provided in paragraph (n) of this section

for a fish trap endorsement, or as provided in paragraph (p) of this

section for a red snapper endorsement. * * *

* * * * *

* *

(g) * * * A vessel permit or endorsement or dealer permit issued

under this section is not transferable or assignable, except as

provided in paragraph (m) of this section for a commercial vessel

permit for Gulf reef fish, as provided in paragraph (n) of this section

for a fish trap endorsement, or as provided in paragraph (p) of this

section for a red snapper endorsement. * * *

* * * * *

(m) Moratorium on commercial vessel permits for Gulf reef fish.

This paragraph (m) is effective through December 31, 2000.

(1) No applications for additional commercial vessel permits for

Gulf reef fish will be accepted. Existing vessel permits may be

renewed, are subject to the restrictions on transfer or change in

paragraphs (m)(2) through (m)(5) of this section, and are subject to

the requirement for timely renewal in paragraph (m)(6) of this section.

(2) An owner of a permitted vessel may transfer the commercial

vessel permit for Gulf reef fish to another vessel owned by the same

entity.

(3) An owner whose earned income qualified for the commercial

vessel permit for Gulf reef fish may transfer the permit to the owner

of another vessel, or to the new owner when he or she transfers

ownership of the permitted vessel. Such owner of another vessel, or new

owner, may receive a commercial vessel permit for Gulf reef fish for

his or her vessel, and renew it through April 15 following the first

full calendar year after obtaining it, without meeting the earned

income requirement of paragraph (a)(2)(v) of this section. However, to

further renew the commercial vessel permit, the owner of the other

vessel, or new owner, must meet the earned income requirement not later

than the first full calendar year after the permit transfer takes

place.

renew it through April 15 following the first

full calendar year after obtaining it, without meeting the earned

income requirement of paragraph (a)(2)(v) of this section. However, to

further renew the commercial vessel permit, the owner of the other

vessel, or new owner, must meet the earned income requirement not later

than the first full calendar year after the permit transfer takes

place.

(4) An owner of a permitted vessel, the permit for which is based

on an operator's earned income and, thus, is valid only when that

person is the operator of the vessel, may transfer the permit to the

income qualifying operator when such operator becomes an owner of a

vessel.

(5) An owner of a permitted vessel, the permit for which is based

on an operator's earned income and, thus, is valid only when that

person is the operator of the vessel, may have the operator

qualification on the permit removed, and renew it without such

qualification through April 15 following the first full calendar year

after removing it, without meeting the earned income requirement of

paragraph (a)(2)(v) of this section. However, to further renew the

commercial vessel permit, the owner must meet the earned income

requirement not later than the first full calendar year after the

operator qualification is removed. To have an operator qualification

removed from a permit, the owner must return the original permit to the

RD with an application for the changed permit.

(6) A commercial vessel permit for Gulf reef fish that is not

renewed or that is revoked will not be reissued. A permit is considered

to be not renewed when an application for renewal is not received by

the RD within 1 year of the expiration date of the permit.

qualification

removed from a permit, the owner must return the original permit to the

RD with an application for the changed permit.

(6) A commercial vessel permit for Gulf reef fish that is not

renewed or that is revoked will not be reissued. A permit is considered

to be not renewed when an application for renewal is not received by

the RD within 1 year of the expiration date of the permit.

(n) Endorsements for fish traps in the Gulf. The provisions of this

paragraph (n) are effective through February 7, 2007.

(1) Only those fish trap endorsements that are valid on February 7,

1997, may be renewed. Such endorsements are subject to the restrictions

on transfer in paragraphs (n)(2) and (3) of this section and are

subject to the requirement for timely renewal in paragraph (n)(5) of

this section. Effective February 8, 2007, no fish trap endorsements are

valid.

(2) Through February 7, 1999, a fish trap endorsement may be

transferred only to a vessel that has a commercial permit for reef

fish.

(3) The provisions of this paragraph (n)(3) are effective February

8, 1999. A fish trap endorsement is not transferable except as follows:

(i) An owner of a vessel with a fish trap endorsement may transfer

the endorsement to another vessel owned by the same entity.

(ii) A fish trap endorsement is transferable upon a change of

ownership of a permitted vessel with such endorsement from one to

another of the following: Husband, wife, son, daughter, brother,

sister, mother, or father.

orsement is not transferable except as follows:

(i) An owner of a vessel with a fish trap endorsement may transfer

the endorsement to another vessel owned by the same entity.

(ii) A fish trap endorsement is transferable upon a change of

ownership of a permitted vessel with such endorsement from one to

another of the following: Husband, wife, son, daughter, brother,

sister, mother, or father.

(iii) When a change of ownership of a vessel with a fish trap

endorsement is directly related to the disability or death of the

owner, the RD may issue such endorsement, temporarily or permanently,

with the commercial vessel permit for Gulf reef fish that is issued for

the vessel under the new owner. Such new owner will be the person

specified by the owner or his/her legal guardian, in the case of a

disabled owner, or by the will or executor/administrator of the estate,

in the case of a deceased owner. (Paragraphs (m)(3) and (m)(4) of this

section apply for the transfer of a commercial vessel permit for Gulf

reef fish upon disability or death of an owner.)

(iv) A fish trap endorsement may be transferred to a vessel with a

commercial vessel permit for Gulf reef fish whose owner has a record of

landings of reef fish from fish traps in the Gulf EEZ, as reported on

fishing vessel logbooks received by the SRD from November 20, 1992,

through February 6, 1994, and who was unable to obtain a fish trap

endorsement for the vessel with the reported landings.

(4) The owner of a vessel that is to receive a transferred

endorsement must return the originals of the endorsed commercial vessel

permit for Gulf reef fish and the unendorsed permit to the RD with an

application for a fish trap endorsement for his or her vessel.

(5) A fish trap endorsement that is not renewed or that is revoked

will not be reissued. Such endorsement is considered to be not renewed

when an application for renewal is not received by the RD within 1 year

of the expiration date of the permit.

* * * * *

(p) * * *

(3) * * *

eef fish and the unendorsed permit to the RD with an

application for a fish trap endorsement for his or her vessel.

(5) A fish trap endorsement that is not renewed or that is revoked

will not be reissued. Such endorsement is considered to be not renewed

when an application for renewal is not received by the RD within 1 year

of the expiration date of the permit.

* * * * *

(p) * * *

(3) * * *

(i) * * * (Paragraphs (m)(3) and (m)(4) of this section apply for

the transfer of a commercial vessel permit for Gulf reef fish upon

disability or death of an owner.)

* * * * *

3. In Sec. 622.31, in paragraph (a), the reference to

``Sec. 622.4'' is revised to read ``Sec. 622.4 or Sec. 622.17'' and

paragraph (c) is revised to read as follows:

Sec. 622.31 Prohibited gear and methods.

* * * * *

(c) Fish traps. (1) A fish trap may not be used in the South

Atlantic EEZ.

(2) A fish trap may not be used or possessed in the Gulf EEZ west

of 85 deg.30' W. long. and, effective February 8, 2007, may not be used

or possessed in the Gulf EEZ.

(3) A fish trap used other than where authorized in paragraph

(c)(1) or (c)(2) of this section may be disposed of in any appropriate

manner by the Assistant Administrator or an authorized officer.

* * * * *

4. In Sec. 622.32, paragraph (b)(2)(iii) is revised to read as

follows:

Sec. 622.32 Prohibited and limited harvest species.

* * * * *

(b) * * *

(2) * * *

(iii) Red drum and Nassau grouper may not be harvested or possessed

in or from the Gulf EEZ. Such fish caught in the Gulf EEZ must be

released immediately with a minimum of harm.

* * * * *

Sec. 622.37 [Amended]

5. In Sec. 622.37(d)(4), the word ``Nassau,'' is removed.

6. In Sec. 622.40, paragraph (a)(2) is revised to read as follows:

Sec. 622.40 Limitations on traps and pots.

*

(2) * * *

(iii) Red drum and Nassau grouper may not be harvested or possessed

in or from the Gulf EEZ. Such fish caught in the Gulf EEZ must be

released immediately with a minimum of harm.

* * * * *

Sec. 622.37 [Amended]

5. In Sec. 622.37(d)(4), the word ``Nassau,'' is removed.

6. In Sec. 622.40, paragraph (a)(2) is revised to read as follows:

Sec. 622.40 Limitations on traps and pots.

(a) * * *

(2) Gulf EEZ. A fish trap in the Gulf EEZ may be pulled or tended

only by a person (other than an authorized officer) aboard the vessel

with the fish trap endorsement to fish such trap. If such vessel has a

breakdown that prevents it from retrieving its traps, the owner or

operator must immediately notify the nearest NMFS Office of Enforcement

and must obtain authorization for another vessel to retrieve and land

its traps. The request for such authorization must include the

requested effective period for the retrieval and landing, the persons

and vessel to be authorized to retrieve the traps, and the point of

landing of the traps. Such authorization will be specific as to the

effective period, authorized persons and vessel, and point of landing.

Such authorization is valid solely for the removal of fish traps from

the EEZ and for harvest of fish incidental to such removal.

* * * * *

7. In Sec. 622.42, paragraph (a)(3) is revised to read as follows:

Sec. 622.42 Quotas.

* * * * *

(a) * * *

(3) Shallow-water groupers, that is, all groupers other than deep-

water groupers, jewfish, and Nassau grouper, including scamp before the

quota for shallow-water groupers is reached, combined--9.8 million lb

(4.4 million kg), round weight.

* * * * *

Sec. 622.43 [Amended]

8. In Sec. 622.43(b)(1), the words ``bartered, traded, or'' are

removed.

9. In Sec. 622.48, paragraph (d)(1) is revised to read as follows:

Sec. 622.48 Adjustment of management measures.

* * * * *

ers, jewfish, and Nassau grouper, including scamp before the

quota for shallow-water groupers is reached, combined--9.8 million lb

(4.4 million kg), round weight.

* * * * *

Sec. 622.43 [Amended]

8. In Sec. 622.43(b)(1), the words ``bartered, traded, or'' are

removed.

9. In Sec. 622.48, paragraph (d)(1) is revised to read as follows:

Sec. 622.48 Adjustment of management measures.

* * * * *

(d) * * *

(1) For a species or species group: Target date for rebuilding an

overfished species, TAC, bag limits, size limits, vessel trip limits,

closed seasons or areas, gear restrictions, quotas, and reopening of a

fishery prematurely closed.

* * * * *

[FR Doc. 96-29500 Filed 11-22-96; 8:45 am]

BILLING CODE 3510-22-F