Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral Reef Resources of Puerto Rico and the U.S. Virgin Islands; Amendment 1

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990722200-9200-01; I.D. 060899D]

RIN 0648-AG88

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

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

Amendment 1

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 1 to 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 to establish a marine conservation district (MCD) of

approximately 16 square nautical miles (mi2)(41 km2) in the Exclusive

Economic Zone (EEZ), southwest of St. Thomas, U.S. Virgin Islands

(USVI), in an area known as ``Hind Bank.'' Within the MCD, fishing for

any species and anchoring by fishing vessels would be prohibited. The

intended effect is to protect important marine resources.

DATES: Written comments must be received on or before September 17,

1999.

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 1, which includes a regulatory

impact review (RIR), an initial regulatory flexibility analysis (IRFA),

and a final supplemental environmental impact statement (FSEIS), should

be sent to the Caribbean Fishery Management Council (Council), 268

Munoz Rivera Avenue, Suite 1108, San Juan, PR 00918-2577.

FOR FURTHER INFORMATION CONTACT: Michael Barnette, 727-570-5305.

quests for copies of Amendment 1, which includes a regulatory

impact review (RIR), an initial regulatory flexibility analysis (IRFA),

and a final supplemental environmental impact statement (FSEIS), should

be sent to the Caribbean Fishery Management Council (Council), 268

Munoz Rivera Avenue, Suite 1108, San Juan, PR 00918-2577.

FOR FURTHER INFORMATION CONTACT: Michael Barnette, 727-570-5305.

SUPPLEMENTARY INFORMATION: The fishery for coral reef resources and

related fisheries off Puerto Rico and the U.S. Virgin Islands are

managed under the FMP. The FMP was prepared by the Council, and was

approved and implemented by NMFS, under the authority of the Magnuson-

Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),

through final regulations at 50 CFR part 622.

This proposed rule would implement Amendment 1 and establish a MCD

of approximately 16 mi2 (41 km2) in the EEZ off the USVI southwest of

St. Thomas, in an area known as ``Hind Bank.'' The purpose of the MCD

is to protect coral reef resources, reef fish stocks, and their

habitats. Fishing and anchoring of fishing vessels would be prohibited

within the MCD. The ban on anchoring of fishing vessels would aid in

enforcement of the fishing prohibition and protect the reefs from

direct physical damage from anchoring.

Caribbean coral reefs are under considerable ecological stress as a

result of the effects of coastal development and deforestation

(sedimentation, pollution, dredging) and fishing (gear impacts and

overfishing effects). The FMP currently prohibits the taking of corals

and live rock in the EEZ and limits the type of gear used to collect

live reef invertebrates and algae for aquariums.

The FMP was recently amended by a generic essential fish habitat

(EFH) amendment (Generic EFH Amendment) that addressed EFH requirements

for all the Council's FMPs. The Generic EFH Amendment designated U.S.

Caribbean coral and coral reef areas as EFH

bits the taking of corals

and live rock in the EEZ and limits the type of gear used to collect

live reef invertebrates and algae for aquariums.

The FMP was recently amended by a generic essential fish habitat

(EFH) amendment (Generic EFH Amendment) that addressed EFH requirements

for all the Council's FMPs. The Generic EFH Amendment designated U.S.

Caribbean coral and coral reef areas as EFH. NMFS approved these EFH

designations under the Generic EFH Amendment for 17 selected species

and corals (15 reef fish species, spiny lobster, and queen conch), and

published a notice of agency decision in the Federal Register (64 FR

14884; March 29, 1999). Amendment 1 is intended to protect coral reef

resources and associated species, and EFH within the MCD.

Amendment 1 would specifically address fishing effects on reefs by

establishing a ``no take'' MCD in a coral reef area known as Hind Bank

southwest of St. Thomas, USVI. The dominant coral on Hind Bank is the

boulder star coral, Montastrea annularis. Observed colonies are roughly

1 m in diameter. Based on recorded growth rates of approximately 0.4-

1.2 cm/year, these colonies are at least 100 years old. At about 20

fathoms (36 m), the bottom topography of Hind Bank consists of a series

of coral ridges (each approximately 100 m wide) interspersed with sandy

depressions.

Fisheries in the U.S. Caribbean are multi-species, multi-gear, and

primarily artisanal. Studies show declines in catch rates and relative

abundance of groupers, snappers, triggerfish, angelfish, parrotfish,

and grunts in USVI trap fisheries. Jewfish (Epinephelus itajara),

Nassau grouper (E. striatus), and queen conch (Strombus gigas) have

been designated by NMFS as overfished under the provisions of the

Magnuson-Stevens Act (NMFS' Report to Congress - Status of Fisheries of

the United States, October 1998). Red hind, Epinephelus guttatus, the

dominant commercial reef fish species in the U.S

sh,

and grunts in USVI trap fisheries. Jewfish (Epinephelus itajara),

Nassau grouper (E. striatus), and queen conch (Strombus gigas) have

been designated by NMFS as overfished under the provisions of the

Magnuson-Stevens Act (NMFS' Report to Congress - Status of Fisheries of

the United States, October 1998). Red hind, Epinephelus guttatus, the

dominant commercial reef fish species in the U.S. Caribbean, is showing

signs of a significantly skewed sex ratio, and declines in catch-per-

unit-effort and average size.

Since 1991, Hind Bank has been closed to fishing from January

through March under the regulations implementing the FMP to protect red

hind spawning aggregations. A 1997 scientific research report to the

Council indicated that this closure was having a positive effect in

terms of increased red hind abundance and size.

In addition to red hind, other species thought to aggregate on Hind

Bank for spawning include yellowfin grouper, Mycteroperca venenosa;

yellowtail snapper, Ocyurus chrysurus; stoplight parrotfish, Sparisoma

viride; creole wrasse, Clepticus parrae; and the creole-fish,

Paranthias furcifer. Hind Bank was once a spawning site for Nassau

grouper, but few individuals have been seen in the area in recent

years. The MCD is intended to protect these other aggregating species.

Amendment 1 would extend the current seasonal Hind Bank closure

year-round. The Council considered the possibility of allowing some

fishing within MCDs to accommodate handline fishermen taking snappers,

pelagics, and highly migratory species (HMS). However, the Council

determined that any fishing activities in the MCD could adversely

affect spawning aggregations, degrade the reef ecosystem, and

complicate enforcement.

The Council specifically intends that the MCD fishing restrictions

apply to all fisheries, including the HMS fisheries, including those

fisheries for tunas, billfishes, and sharks

gics, and highly migratory species (HMS). However, the Council

determined that any fishing activities in the MCD could adversely

affect spawning aggregations, degrade the reef ecosystem, and

complicate enforcement.

The Council specifically intends that the MCD fishing restrictions

apply to all fisheries, including the HMS fisheries, including those

fisheries for tunas, billfishes, and sharks. During the public comment

periods on Amendment 1 and this proposed rule, NMFS will use its HMS

Fax Network to ensure that all affected HMS fishermen are informed of

the MCD proposal.

There is considerable literature on the benefits of marine reserves

or ``no-take'' MCDs. They are designed to protect older, larger fish

and, thereby, protect critical spawning stock biomass, intra-specific

genetic diversity, population age-structure, recruitment supply, and

ecosystem balance. Specific expected benefits include (1) establishment

of a refuge and replenishment area to ensure continued abundance and

diversity of reef resources, (2) protection of critical spawning stock

and recruits from overfishing, (3) physical protection of the coral

reef structures, and (4) ``spillover'' effects to surrounding areas.

Regarding ``spillover'' effects, MCDs are expected to be a source of

adults and larvae for adjacent areas and may be effective in addressing

the problem of recruitment overfishing, especially in sedentary

species. MCDs are believed to be important in maintaining the high

abundance of many reef fish species worldwide. For example, existing

marine reserves in the Netherland Antilles and Barbados show increasing

population biomass and size of sampled reef fish.

During 1995-96, 25 commercial fishermen reported landings,

primarily from trap fishing for finfish and spiny lobsters, from the

general area southwest of St. Thomas (EEZ waters only). This area

accounted for 14 percent of the trips and 31 percent of the total

commercial catch (about 390,000 lb (176,901 kg)) in the USVI

the economic impacts this proposed rule, if

adopted, would have on small entities. A summary of the IRFA follows.

The IRFA concluded that a substantial number of small entities

would be affected because 20 to 30 entities would be displaced and

another 100 would be indirectly affected by the displaced group. The

total would be well over 20 percent of the entities that fish in the

general area. The IRFA concluded that there may not be a negative gross

revenue impact of more than 5 percent and that there would not be a 5-

percent increase in compliance costs. It was also determined that there

would be no annual compliance costs and no differential small versus

large business impacts and that capital costs would not change

significantly. However, it was determined that an unknown number of the

20 to 30 directly displaced small entities may cease operations if the

proposed rule is implemented. Additionally, the action is of major

public interest, and represents a unique and fundamental change in

fishery management approaches used in the Southeast.

The proposed MCD is intended to conserve coral and associated

habitats, maintain marine biodiversity, and provide for the

conservation and management of economically important species. The

Magnuson-Stevens Act provides the legal basis for the rule. The rule

would apply to approximately 121 licensed fishermen, most of whom

operate small outboard skiffs. These fishermen report average annual

ex-vessel revenues of $12,000 and report catches of a wide variety of

species associated with coral habitats. These fishermen take roughly 35

to 60 trips annually in the vicinity of the proposed reserve, but a

much smaller number of trips wholly within the reserve. The rule

contains no new reporting requirements and no duplicative, overlapping,

or conflicting Federal rules were identified. The Council considered

the status quo alternative, as well as three alternative marine

reserves differing in size and location to the marine reserve proposed

nnually in the vicinity of the proposed reserve, but a

much smaller number of trips wholly within the reserve. The rule

contains no new reporting requirements and no duplicative, overlapping,

or conflicting Federal rules were identified. The Council considered

the status quo alternative, as well as three alternative marine

reserves differing in size and location to the marine reserve proposed.

Additionally, a range of no-take restrictions were considered for

each reserve. The Council deemed that restrictive no-take regulations

were appropriate in all cases. The Council concluded that exceptions

would make compliance enforcement more difficult and prevent attainment

of the major FMP objective to protect important marine resources. The

Council rejected the status quo because of its failure to meet the FMP

objective of increasing net national benefits. The Council rejected one

of the three alternative marine reserves considered on the basis that

insufficient information was available to determine whether the FMP

objective could be met. For this rejected alternative, the users would

still be negatively impacted in the short-run with no assurance of

long-term gains. The Council rejected the other two alternative marine

reserves because those alternatives, while providing for a greater

level of net economic benefits, had a greater short-term cost to the

users. Although both of these reserves were deemed capable of meeting

the FMP objective and providing for a long-term increase in net

national benefits, the preferred alternative was selected on the basis

of having the least amount of short-term negative impact. Copies of the

RIR/IRFA are available (see ADDRESSES).

The Council prepared a FSEIS for the FMP that was 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 on July 30, 1999

ternative was selected on the basis

of having the least amount of short-term negative impact. Copies of the

RIR/IRFA are available (see ADDRESSES).

The Council prepared a FSEIS for the FMP that was 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 on July 30, 1999. According to the FSEIS, the

elimination of consumptive uses within the MCD will provide a refuge

and replenishment area for reef resources and ensure continued

abundance and species diversity. The MCD will provide insurance against

recruitment failure and simplify enforcement. The general public

understands and supports the concept of MCDs. Although commercial and

recreational fishers could experience increased costs of further

restrictions on their activities within the MCD, they and non-

consumptive users will realize long-term benefits resulting from the

maintenance of healthy and diverse coral ecosystems.

Changes Proposed by NMFS

NMFS proposes to restructure Sec. 622.33, for the convenience of

the reader, to distinguish more clearly between seasonal and year-round

closures.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: July 28, 1999

Andrew A. Rosenberg,

Deputy Assistant Administrator, 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. Section 622.33 is revised to read as follows:

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

ine 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. Section 622.33 is revised to read as follows:

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

(a) Seasonal closures--(1) 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 joining the following points in the order 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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(2) 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.

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

' '

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(2) 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.

(i) East of St. Croix.

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Point North lat. West long.

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A............................................. 17 deg.50.2 64 deg.27.9

' '

B............................................. 17 deg.50.1 64 deg.26.1

' '

C............................................. 17 deg.49.2 64 deg.25.8

' '

D............................................. 17 deg.48.6 64 deg.25.8

' '

E............................................. 17 deg.48.1 64 deg.26.1

' '

F............................................. 17 deg.47.5 64 deg.26.9

' '

A............................................. 17 deg.50.2 64 deg.27.9

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(ii) West of Puerto Rico--(A) 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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(B) Tourmaline Bank.

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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(B) 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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(C) 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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(3) Queen conch closure. From July 1 through September 30, each

year, no person may fish for queen conch in the Caribbean EEZ and no

person may possess on board a fishing vessel a queen conch in or from

the Caribbean EEZ.

eg.03.5 67 deg.26.9

' '

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

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(3) Queen conch closure. From July 1 through September 30, each

year, no person may fish for queen conch in the Caribbean EEZ and no

person may possess on board a fishing vessel a queen conch in or from

the Caribbean EEZ.

(b) Year-round area closures. (1) Hind Bank Marine Conservation

District (MCD). The following activities are prohibited within the Hind

Bank MCD: Fishing for any species, except for scientific research

activity, exempted fishing, and exempted educational activity as

provided in Sec. 600.745 of this chapter; and anchoring by fishing

vessels. The Hind Bank MCD 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............................................. 18 deg.13.2 65 deg.06.0

' '

B............................................. 18 deg.13.2 64 deg.59.0

' '

C............................................. 18 deg.11.8 64 deg.59.0

' '

D............................................. 18 deg.10.7 65 deg.06.0

' '

A............................................. 18 deg.13.2 65 deg.06.0

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(2) [Reserved]

[FR Doc. 99-19915 Filed 8-2-99; 8:45 am]

BILLING CODE 3510-22-F