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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Fishing in the EEZ Seaward of Navassa Island
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 4, 2000 (Volume 65, Number 193)]
[Proposed Rules]
[Page 59170-59171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc00-26]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 981022265-8265-01; I.D. 101698L]
RIN 0648-AL93
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Fishing in the EEZ Seaward of Navassa Island
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 prohibit fishing and
anchoring of fishing vessels in the exclusive economic zone (EEZ)
within 15 nautical miles (nm) seaward from the baseline of Navassa
Island.
DATES: Comments must be received no later than 4:30 p.m., eastern
daylight savings time, on November 3, 2000.
ADDRESSES: Written comments regarding this proposed rule must be sent
to, and copies of a draft environmental assessment supporting this
action, may be obtained from Michael Barnette, Southeast Regional
Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
Comments also may be sent via fax to 727-570-5583. Comments will not be
accepted if submitted via e-mail or Internet. Comments on any ambiguity
or unnecessary complexity arising from the language used in this rule
should be addressed to Rod Dalton, Southeast Regional Office, NMFS, at
the above address.
FOR FURTHER INFORMATION CONTACT: Michael Barnette, telephone: 727-570-
5305, fax: 727-570-5583, e-mail: Michael.Barnette@noaa.gov.
SUPPLEMENTARY INFORMATION: The U.S. Territory of Navassa Island is
located in the Caribbean Sea approximately 60 nm northeast of Jamaica
and 34 nm west of Haiti. The uninhabited island covers an area of
approximately 2 square miles (518 hectares).
NMFS has received several inquiries regarding whether fishing
activities are permitted in the EEZ seaward of Navassa Island. In
addition, a recent scientific expedition to Navassa Island publicized
the unique and unprotected marine resources of the area. Important
marine resources of this area include reef fish and invertebrates,
especially coral, live rock, sponges, queen conch, and spiny lobsters.
NMFS believes these resources are in a relatively pristine condition
due to the isolation of this area and its distance from the commercial
fishing grounds of the major fishing nations.
Fishing in the EEZ seaward of Navassa Island is subject to
regulation under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801
et seq.) and the Atlantic Tuna Conventions Act (16 U.S.C. 971 et seq.).
The Caribbean Fishery Management Council (Council) has authority only
over the fisheries in the EEZ of the Caribbean Sea and Atlantic Ocean
seaward of the U.S. Virgin Islands and the Commonwealth of Puerto Rico.
An amendment to the Magnuson-Stevens Act would be necessary to extend
the Council's authority to the EEZ seaward of Navassa Island. However,
the Secretary of Commerce has the authority under section 305(d) of the
Magnuson-Stevens Act to promulgate such regulations as may be necessary
to carry out the provisions and purposes of that act, including
conserving and managing the fishery resources in the EEZ not within the
authority of a regional fishery management council such as in the EEZ
seaward of Navassa Island.
As a precautionary approach to fisheries management, NMFS is
proposing this rule to protect the fishery resources in the EEZ seaward
of Navassa Island from unregulated harvests until the Magnuson-Stevens
Act can be amended to give the Council authority over the fishery
resources of the EEZ seaward of Navassa Island, and until conservation
and management measures, as recommended by the Council and approved and
implemented by NMFS, are in effect. This rule would prohibit all
fishing, including fishing for Atlantic highly migratory species, and
anchoring of fishing vessels in the EEZ within 15 nm seaward from the
baseline of Navassa Island. These measures would apply to vessels of
the United States and to all foreign vessels except vessels of the
Republic of Haiti.
This proposed rule is intended to protect coral reef resources from
directed fishing or bycatch mortality and to prevent possible damage
from unregulated fishing gear or from harmful fishing practices, such
as the use of explosives or poisons. Establishment of a no-fishing zone
would simplify and facilitate enforcement in this remote area. The
anchoring prohibition would protect coral habitats from physical damage
and facilitate enforcement of the fishing ban.
[[Page 59171]]
NMFS requests information regarding the fishery resources and existing
or expected fishing activities in the EEZ within 15 nm of Navassa
Island. Because of the scarcity of data regarding fishing activities in
the area, NMFS is requesting public comment, especially from the
longline fishing community, on the number, if any, of longline vessels
that routinely fish within 15 nm of Navassa Island. If any such vessels
have historically fished in the area, then additional information on
the importance of the area in terms of overall catches is requested.
The U.S. Fish and Wildlife Service (Service) recently established
the Navassa Island National Wildlife Refuge. For information regarding
the refuge, see the Service's notice in the Federal Register (64 FR
73062; December 29, 1999).
Classification
This proposed rule is necessary in order to protect the coral reef
and other fishery resources surrounding Navassa Island from harmful
fishing practices until the Magnuson-Stevens Act can be amended to
establish the Council's authority over the fishery resources of the EEZ
seaward of Navassa Island, and conservation and management measures can
be implemented through the Council process. NMFS is concerned that
fishing activities in the EEZ seaward of Navassa Island will increase
as a result of recent publicity and inquiries about the area.
NMFS prepared a draft environmental assessment (EA) for this
proposed rule and the Assistant Administrator for Fisheries has
preliminarily concluded that there will be no significant impact on the
human environment as a result of this proposed rule. A copy of the
draft EA is available from NMFS (see ADDRESSES).
This proposed rule has been determined to be significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce has
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:
The U.S. Territory of Navassa Island is located in the Caribbean
Sea approximately 60 nm northeast of Jamaica and 34 nm west of
Haiti. The uninhabited island covers an area of approximately 2
square miles (518 hectares). NMFS believes the resources in the
nearshore waters surrounding Navassa Island are in a relatively
pristine condition due to the isolation of this area and its
distance from the commercial fishing grounds of major fishing
nations. As a precautionary approach to fisheries management, NMFS
is proposing this rule to protect the fishery resources around
Navassa Island from unregulated harvests and habitat damage.
Accordingly, this rule would prohibit all fishing and anchoring of
fishing vessels in the EEZ within 15 nm seaward from the baseline of
Navassa Island. This rule and its measures would apply to vessels of
the United States and to all foreign vessels except vessels of the
Republic of Haiti.
Because of its remote location, there is a scarcity of data
about current and historical fishing around Navassa Island.
Anecdotal evidence based on infrequent visits to the island by
scientists from non-governmental organizations (e.g., Center for
Marine Conservation) and verbal information from Navassa Island
National Wildlife Refuge staff indicates that the current level of
fishing near the island is negligible, if any. Information from NMFS
Highly Migratory Species (HMS) Division indicates that some longline
fishermen may fish in the near vicinity of Navassa Island. However,
NMFS' data on HMS fishing locations is not precise enough to
establish the presence or absence of fishing within 15 nm of Navassa
Island.
NMFS believes that the main effect of this rule would be to
preserve the status quo. Given what little data are available, and
the preliminary conclusion that fishing activity in the marine
waters near the island is negligible, if any, NMFS has concluded
that the proposed rule will not have a significant negative economic
impact on a substantial number of small entities.
Accordingly, an initial regulatory flexibility analysis was not
prepared for this proposed rule.
The President has directed Federal agencies to use plain language
in their communications with the public, including regulations. To
comply with this directive, we seek public comment on any ambiguity or
unnecessary complexity arising from the language used in this proposed
rule. Such comments should be directed to Rod Dalton at NMFS Southeast
Regional Office (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 27, 2000.
William T. Hogarth,
Deputy 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. 622.1, paragraph (c) is added to read as follows:
Sec. 622.1 Purpose and scope.
* * * * *
(c) This part also governs fishing in the EEZ seaward of Navassa
Island, which is not under the authority of a Regional Fishery
Management Council.
3. In Sec. 622.3, paragraph (f) is added to read as follows:
Sec. 622.3 Relation to other laws and regulations.
* * * * *
(f) In Navassa Island National Wildlife Refuge, the regulations of
the U.S. Fish and Wildlife Service also apply.
4. In Sec. 622.7, paragraph (l) is revised to read as follows:
Sec. 622.7 Prohibitions.
* * * * *
(l) Fish in violation of the prohibitions, restrictions, and
requirements applicable to seasonal and/or area closures, including but
not limited to: Prohibition of all fishing, gear restrictions,
restrictions on take or retention of fish, fish release requirements,
and restrictions on use of an anchor or grapple, as specified in Secs.
622.33, 622.34, 622.35, 622.49, or as may be specified under Sec.
622.46(b) or (c).
* * * * *
5. Section 622.49 is added to subpart C to read as follows:
Sec. 622.49 Activities prohibited in the EEZ surrounding Navassa
Island.
In the EEZ within 15 nm seaward from the baseline of Navassa
Island, fishing for any species of fish is prohibited, and a fishing
vessel may not anchor, use an anchor and chain, or use a grapple and
chain. These prohibitions do not apply to vessels or citizens of the
Republic of Haiti.
[FR Doc. 00-25479 Filed 10-3-00; 8:45 am]
BILLING CODE 3510-22-S