Amendment One to the Fishery Management Plan for Coral and Coral Reefs

Gulf of Mexico Fishery Management Council; South Atlantic Fishery Management Council

The Fishery Management Plan for Corals and Coral Reefs (FMP) was submitted by the Gulf and South Atlantic Fishery Management Councils for Secretarial approval on April 19, 1982, and was finally implemented on August 22, 1984 (49 FR 29607). The current FMP set optimum yield (OY) for stony corals and sea fans at zero, except as may be authorized for scientific and educational purposes under permit issued by the Southeast Regional Director (RO) of National Marine Fisheries Service (NMFS). OY for octocorals, except for sea fans, was set at the level harvested by U.S. fishermen with the expected level of harvest estimated to be 1,463 colonies annually from the exclusive economic zone (EEZ). The FMP provides that the condition of the stocks of octocorals and the harvest be monitored so that the Secretary can take appropriate action should there be a threat of overfishing. Management Measure 1 establishes a procedure whereby the Secretary through regulatory amendment or emergency action can restrict harvest of one or more species of octocorals to a specific level or restrict harvest from specific areas or restrict methods of harvest, if in the judgment of the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) there is a threat of localized depletion or overfishing of any of the octocorals. Persons utilizing chemicals to collect fish in coral areas must first obtain a permit from the RO or the State of Florida where most collecting occurs. Persons who propose collecting prohibited corals orany coral from the habitat areas of particular concern (HAPCs) established by the FMP must also obtain a scientific permit from the RD. Regulations promulgated through the FMP prohibit nonpermitted persons from damaging, harming, killing, or collecting prohibited coral which includes all stony coral, sea fans, and coral reefs and coral in HAPCs. Coral taken incidentally in other fishing activities must be returned to the water in the area of fishing as soon as possible, except that scallop and groundfish vessels with unsorted catch may land coral taken incidentally, but not sell it. Groundfish vessels operate in the central Gulf area where there is generally no stony coral. Scallop vessels generally operate off Cape Canaveral and Apalachicola, Florida.