# 64 FR 42068: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral Reef Resources of Puerto Rico and the U.S. Virgin Islands; Amendment 1

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-19915

## Section

- **Citation:** 64 FR 42068
- **Heading:** Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral Reef Resources of Puerto Rico and the U.S. Virgin Islands; Amendment 1
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 64 / 64 FR 42068

## Text

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.

-----------------------------------------------------------------------

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.

------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
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
' '
------------------------------------------------------------------------

(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
' '
------------------------------------------------------------------------

(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.

------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
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
' '
------------------------------------------------------------------------

(ii) West of Puerto Rico--(A) Bajo de Cico.

------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
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
' '
------------------------------------------------------------------------

(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
' '
------------------------------------------------------------------------

(B) Tourmaline Bank.

------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
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
' '
------------------------------------------------------------------------

(C) Abrir La Sierra Bank.

------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
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
' '
------------------------------------------------------------------------

(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
' '
------------------------------------------------------------------------

(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.

------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
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
' '
------------------------------------------------------------------------

(2) [Reserved]
[FR Doc. 99-19915 Filed 8-2-99; 8:45 am]
BILLING CODE 3510-22-F

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-19915. Check the current official text before relying on it. Not legal advice.