° The Councils will "require a reporting system for all user 



groups and processors based on statistical sampling whereby it would be 



mandatory for a selected respondant to provide answers to a sample questionnaire 

 on a recurring basis that is not of great frequency;" 



° For king mackerel the Councils will require a mandatory trip 

 ticket system for all the for-hire charter and party boats; and 



° For Spanish mackerel, the Councils will require a mandatory 

 trip ticket system for a sample of the "for-hire" charter and party boats. 

 (Draft EIS and FMP for'Coastal Pelagic Migratory FMP, 1^80). 



E. Preliminary Management Plan (PMP) for Atlantic Billfishes and Sharks 



The PMP for Atlantic Billfishes and Sharks currently prohibits 

 the retention of billfishes and other non-target species taken incidental 

 to directed foreign fisheries for tuna and shark within the FCZ. In the PMP, 

 it is being proposed to extend the 1979 procedures to minimize the capture 

 and subsequent mortality of non-target species in directed foreign shark 

 fisheries by imposing area and gear limitations. This proposal is designed 

 to limit the bycatch of incidental grouper and snapper and other prohibited 

 species. 



2. The Outer Continental Shelf Lands Act (OCSLA) 43 OSC 1331 et seq. 



Authority : Comprehensively regulate oil and gas leasing, exploration 

 and development activities. Expedite development while protecting the 

 marine environment. 



Oil and gas development does not appear to be a realistic 

 possibility in the vicinity of Looe Key and, therefore, does not pose 

 a threat to the resources. More importantly for Looe Key, the OCSLA 

 does not appear to authorize general protection measures except in 

 connection with such activities. 



The Department of the Interior has promulgated regulations at 

 43 CFR 6224.1-1, prohibiting activities directly causing damage or injury 

 to valuable coral communities unless a permit for the activity is first 

 obtained. However, in a recent decision. United States v. Alexander , 

 decided September 24, 1979, the U.S. Court of Appeals, Fifth Circuit, 

 ruled that the authority of the OCSLA is confined to the promulgation 

 of rules and regulations applicable to leasing operations on the OCS and 



86 



