Atlantic Highly Migratory Species; Essential Fish Habitat, 65087-65088 [E6-18783]
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Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices
Sandbar Sharks
According to the 2005/2006 LCS stock
assessment, sandbar sharks are
overfished with the current stock
abundance at 35 percent of the virgin
biomass. The assessment also indicates
overfishing is occurring (F2004/FMSY =
3.72). The assessment recommends that
rebuilding could be achieved with 70
percent probability by 2070 with a total
allowable catch across all fisheries
(commercial and recreational) of 220
metric tons (mt) whole weight (ww)
each year and an F between 0.009 and
0.011. Based on these results, NMFS is
declaring the status of sandbars sharks
to be overfished with overfishing
occurring.
Blacktip Sharks
The 2005/2006 LCS stock assessment
assessed blacktip sharks for the first
time as two separate populations: a Gulf
of Mexico population and an Atlantic
population. The results from the stock
assessment indicate that the Gulf of
Mexico population is rebuilt. The peer
reviewers indicated that current catches
should not increase in order to keep this
population at a sustainable level. Based
on these results, NMFS is declaring the
status of Gulf of Mexico blacktip shark
population as not overfished with no
overfishing occurring.
The assessment also indicates that the
current status for the Atlantic blacktip
shark population is unknown. The
assessment scientists were unable to
provide estimates of stock status or
reliable population projections. The
peer reviewers agreed with the
assessment scientists and indicated that
current catch levels should not change.
Based on these results, NMFS is
declaring the status of the Atlantic
blacktip shark population to be
unknown.
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Dusky Sharks
In 1999, dusky sharks, which were in
the LCS complex, were placed on the
prohibited species list due to their low
population growth rate and low
reproductive potential. In 2003, in
Amendment 1 to the FMP for Atlantic
Tunas, Swordfish, and Sharks (68 FR
74746), NMFS established a MidAtlantic shark closure to protect dusky
sharks and juvenile sandbar sharks. Due
to high catch rates of dusky sharks in
the shark bottom longline fishery in the
closed area and the high mortality of
dusky sharks on bottom longline gear,
NMFS closed this area to bottom
longline fishing from January 1 through
July 31 of every year, starting in January
2005. The first dusky-specific shark
assessment was released in May 2006
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14:44 Nov 06, 2006
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(71 FR 30123). The 2006 dusky shark
stock assessment used data through
2003 and indicates that dusky sharks are
overfished with overfishing occurring.
The estimated stock depletions are
between 62–80 percent with respect to
virgin biomass. Given the heavy fishing
impact on this stock and high
vulnerability to exploitation, the
assessment scientists recommend that
rebuilding for dusky sharks could
require 100 to 400 years. Based on these
results, NMFS is declaring the status of
dusky sharks as overfished with
overfishing occurring.
Porbeagle Sharks
Canada has conducted stock
assessments on porbeagle sharks in
1999, 2001, 2003, and 2005. Based on
the 2001 stock assessment, the
Committee on the Status of Endangered
Wildlife in Canada designated the
porbeagle shark as endangered. Reduced
Canadian porbeagle quotas in 2002
brought the 2004 exploitation rate to a
sustainable level. According to the 2005
recovery assessment report conducted
by Canada, the North Atlantic porbeagle
stock has a 70 percent probability of
recovery in approximately 100 years if
F is less than or equal to 0.04. To date,
the United States has not conducted a
stock assessment on porbeagle sharks.
NMFS has reviewed the Canadian
stock assessment and deems it to be the
best available science appropriate to use
for U.S. domestic management
purposes. The Canadian assessment
indicates that porbeagle sharks are
overfished with the 2005 abundance
less than 15 percent (for female spawner
abundance) or 24 percent (for total
abundance) of the virgin biomass.
However, the Canadian assessment
indicates that overfishing is not
occurring. Based on these results, NMFS
is declaring the status of porbeagle
sharks as overfished, but overfishing is
not occurring.
Copies of the assessments are
available for review (see ADDRESSES).
Request for Comments
NMFS anticipates significant changes
to shark management via an amendment
to the Consolidated HMS FMP as a
result of the latest stock assessments
and requests comments on a variety of
management options for this action.
Analyses of these changes would likely
need to be done via an EIS. As such,
NMFS specifically requests comments
on commercial management options
including, but not limited to, quota
levels, regional and seasonal quotas, trip
limits, minimum sizes, quota
monitoring, applying dead discards and
state landings after a Federal closure to
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65087
the quota, counting quota over- and
underages, authorized gears, permit
structure, prohibited species, and the
Mid-Atlantic shark closure. In addition,
NMFS is seeking comments on
recreational management options
including retention limits, minimum
sizes, authorized gears, and landing
requirements. NMFS also seeks
comments on display quotas and
collection of sharks through exempted
fishing permits, display permits, and
scientific research permits. Comments
received on this action will assist NMFS
in determining the options for ways to
conserve and manage shark resources
and shark fisheries, consistent with the
Magnuson-Stevens Act, the
Consolidated HMS FMP, NEPA, and
other relevant domestic laws. Within
the comment period established in this
action, NMFS will hold scoping
meetings to gather public comment on
the implementation of new management
measures for Atlantic sharks (time and
location details of which will be
announced in a subsequent Federal
Register notification).
Based on the 2005 and 2006 stock
assessments, NMFS believes the
implementation of new management
measures via an amendment to the
Consolidated HMS FMP is necessary to
rebuild sandbar, dusky, and porbeagle
sharks while providing an opportunity
for the sustainable harvest of blacktip
sharks in the Gulf of Mexico. NMFS
anticipates completing this amendment
and any related documents by January
1, 2008.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–18782 Filed 11–6–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 101606B]
RIN 0648–AV00
Atlantic Highly Migratory Species;
Essential Fish Habitat
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to prepare an
environmental impact statement;
request for comments.
AGENCY:
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07NON1
ycherry on PROD1PC64 with NOTICES
65088
Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices
SUMMARY: NMFS has reviewed all new
and existing Essential Fish Habitat
(EFH) information in its Consolidated
Atlantic Highly Migratory Species
Fishery Management Plan (HMS FMP)
and has determined that EFH for some
Atlantic HMS may need to be updated.
Through the publication of this notice,
NMFS announces its intent to prepare
an environmental impact statement
(EIS) pursuant to the National
Environmental Policy Act (NEPA) to:
examine management alternatives to
revise existing HMS EFH; consider
additional Habitat Areas of Particular
Concern (HAPCs); and to minimize, to
the extent practicable, adverse fishing
impacts on EFH consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) and other
relevant Federal laws. To complete the
EIS and assess the potential effects on
the human environment NMFS is
requesting: new EFH information not
considered previously in the
Consolidated HMS FMP, comments on
potential HAPCs, and information
regarding potential fishing/non-fishing
impacts that may adversely affect EFH.
This information will be used to
propose amendments to the
Consolidated HMS FMP.
DATES: Comments on this action must be
received no later than 5 p.m., local time,
on December 22, 2006.
ADDRESSES: Written comments on this
action should be mailed to Chris Rilling,
Highly Migratory Species Management
Division by any of the following
methods:
• E-mail: SF1.101606B@noaa.gov.
Include in the subject line the following
identifier: ‘‘I.D. 101606B.’’
• Written: 1315 East-West Highway,
Silver Spring, MD 20910. Please mark
the outside of the envelope ‘‘Comments
on EFH Amendment to HMS FMP.’’
• FAX: 301–713–1917.
FOR FURTHER INFORMATION CONTACT:
Chris Rilling, Sari Kiraly, or Mike Clark
at (301) 713–2347, or Jackie Wilson at
(404) 806–7622.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Act (16 U.S.C. 1801
et seq.) as amended by the Sustainable
Fisheries Act (Public Law 104–297)
provided for the establishment of EFH
in FMPs and the consideration of
actions to ensure the conservation and
enhancement of such habitat. The EFH
regulatory guidelines (50 CFR 600.815)
state that NMFS should periodically
review the EFH provisions of FMPs and
revise or amend EFH as warranted based
on available information. The EFH
guidelines further state that NMFS
VerDate Aug<31>2005
14:44 Nov 06, 2006
Jkt 211001
should review all EFH information at
least once every five years.
EFH, including HAPCs, for HMS was
identified and described in the 1999
FMP for Atlantic Tunas, Swordfish, and
Sharks, and in the 1999 Amendment 1
to the Atlantic Billfish FMP. EFH for
five shark species was updated in the
2003 Amendment 1 to the FMP. As part
of the five-year review required by the
Magunson-Stevens Act, and set forth by
schedule in the EFH regulatory
guidelines, NMFS reviewed all new and
existing EFH data in the Consolidated
HMS FMP and determined that
revisions to existing EFH for some
Atlantic HMS may be warranted. The
EIS will be used to propose alternatives
to amend some of the existing EFH
identifications and descriptions.
In addition to considering possible
revisions to EFH identification and
descriptions, the EFH guidelines require
FMPs to identify fishing and non-fishing
activities that may adversely affect EFH.
Each FMP must include an evaluation of
the potential adverse impacts of fishing
on EFH designated under the FMP,
effects of each fishing activity regulated
under the FMP, as well as the effects of
other Federal FMPs and non-federally
managed fishing activities (i.e., state
fisheries) on EFH. The FMPs must
describe each fishing activity and
review and discuss all available relevant
information such as the intensity,
extent, and frequency of any adverse
effects on EFH; the type of habitat
within EFH that may be adversely
affected; and the habitat functions that
may be disturbed (50 CFR
600.815(a)(2)). If adverse effects of
fishing activities are identified, then the
Magnuson-Stevens Act requires the
effects of such fishing activities on EFH
to be minimized to the extent
practicable (Magnuson-Stevens Act,
Section 303(a)(7)).
NMFS completed the original analysis
of fishing and non-fishing impacts in
the 1999 FMP, and presented all new
information gathered during the fiveyear review, including a comprehensive
review of all fishing gears and nonfishing activities that could potentially
impact EFH, in the Consolidated HMS
FMP. Some new information regarding
gear impacts was incorporated into the
review. For example, information
presented in the Gulf of Mexico and
Caribbean Fishery Management Council
EFH FEIS’s (2004) suggests that bottom
longline gear may have an adverse affect
on coral reef habitat which serves as
EFH for certain reef fishes. As a result,
NMFS has made a preliminary
determination that bottom longline gear
may have an adverse affect on EFH for
other federally-managed species. An
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Fmt 4703
Sfmt 4703
assessment of whether HMS bottom
longline gear is fished in EFH, and if so,
the intensity, extent, and frequency of
such impacts, including any measures
to minimize potential impacts, will be
addressed in the EIS.
Copies of the Consolidated HMS FMP
are available for review (see ADDRESSES).
Request for Comments
NMFS anticipates completing this EIS
and any related documents by January
1, 2008.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 31, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–18783 Filed 11–6–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 110206C]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of exempted
fishing permit application.
AGENCY:
SUMMARY: The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator) has made a
preliminary determination that the
subject exempted fishing permit (EFP)
application contains all the required
information and warrants further
consideration. The Assistant Regional
Administrator has also made a
preliminary determination that the
activities authorized under the EFP
would be consistent with the goals and
objectives of the Northeast (NE)
Multispecies Fishery Management Plan
(FMP). However, further review and
consultation may be necessary before a
final determination is made to issue the
EFP. Therefore, NMFS announces that
the Assistant Regional Administrator
proposes to recommend that an EFP be
issued that would allow one commercial
fishing vessel to conduct fishing
operations that are otherwise restricted
by the regulations governing the
fisheries of the Northeastern United
States. The EFP, which would enable
researchers to investigate the efficacy of
E:\FR\FM\07NON1.SGM
07NON1
]]>Agencies
[Federal Register Volume 71, Number 215 (Tuesday, November 7, 2006)]
[Notices]
[Pages 65087-65088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18783]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 101606B]
RIN 0648-AV00
Atlantic Highly Migratory Species; Essential Fish Habitat
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare an environmental impact statement;
request for comments.
-----------------------------------------------------------------------
[[Page 65088]]
SUMMARY: NMFS has reviewed all new and existing Essential Fish Habitat
(EFH) information in its Consolidated Atlantic Highly Migratory Species
Fishery Management Plan (HMS FMP) and has determined that EFH for some
Atlantic HMS may need to be updated. Through the publication of this
notice, NMFS announces its intent to prepare an environmental impact
statement (EIS) pursuant to the National Environmental Policy Act
(NEPA) to: examine management alternatives to revise existing HMS EFH;
consider additional Habitat Areas of Particular Concern (HAPCs); and to
minimize, to the extent practicable, adverse fishing impacts on EFH
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and other relevant Federal laws.
To complete the EIS and assess the potential effects on the human
environment NMFS is requesting: new EFH information not considered
previously in the Consolidated HMS FMP, comments on potential HAPCs,
and information regarding potential fishing/non-fishing impacts that
may adversely affect EFH. This information will be used to propose
amendments to the Consolidated HMS FMP.
DATES: Comments on this action must be received no later than 5 p.m.,
local time, on December 22, 2006.
ADDRESSES: Written comments on this action should be mailed to Chris
Rilling, Highly Migratory Species Management Division by any of the
following methods:
E-mail: SF1.101606B@noaa.gov. Include in the subject line
the following identifier: ``I.D. 101606B.''
Written: 1315 East-West Highway, Silver Spring, MD 20910.
Please mark the outside of the envelope ``Comments on EFH Amendment to
HMS FMP.''
FAX: 301-713-1917.
FOR FURTHER INFORMATION CONTACT: Chris Rilling, Sari Kiraly, or Mike
Clark at (301) 713-2347, or Jackie Wilson at (404) 806-7622.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.) as amended by the Sustainable Fisheries Act (Public Law 104-297)
provided for the establishment of EFH in FMPs and the consideration of
actions to ensure the conservation and enhancement of such habitat. The
EFH regulatory guidelines (50 CFR 600.815) state that NMFS should
periodically review the EFH provisions of FMPs and revise or amend EFH
as warranted based on available information. The EFH guidelines further
state that NMFS should review all EFH information at least once every
five years.
EFH, including HAPCs, for HMS was identified and described in the
1999 FMP for Atlantic Tunas, Swordfish, and Sharks, and in the 1999
Amendment 1 to the Atlantic Billfish FMP. EFH for five shark species
was updated in the 2003 Amendment 1 to the FMP. As part of the five-
year review required by the Magunson-Stevens Act, and set forth by
schedule in the EFH regulatory guidelines, NMFS reviewed all new and
existing EFH data in the Consolidated HMS FMP and determined that
revisions to existing EFH for some Atlantic HMS may be warranted. The
EIS will be used to propose alternatives to amend some of the existing
EFH identifications and descriptions.
In addition to considering possible revisions to EFH identification
and descriptions, the EFH guidelines require FMPs to identify fishing
and non-fishing activities that may adversely affect EFH. Each FMP must
include an evaluation of the potential adverse impacts of fishing on
EFH designated under the FMP, effects of each fishing activity
regulated under the FMP, as well as the effects of other Federal FMPs
and non-federally managed fishing activities (i.e., state fisheries) on
EFH. The FMPs must describe each fishing activity and review and
discuss all available relevant information such as the intensity,
extent, and frequency of any adverse effects on EFH; the type of
habitat within EFH that may be adversely affected; and the habitat
functions that may be disturbed (50 CFR 600.815(a)(2)). If adverse
effects of fishing activities are identified, then the Magnuson-Stevens
Act requires the effects of such fishing activities on EFH to be
minimized to the extent practicable (Magnuson-Stevens Act, Section
303(a)(7)).
NMFS completed the original analysis of fishing and non-fishing
impacts in the 1999 FMP, and presented all new information gathered
during the five-year review, including a comprehensive review of all
fishing gears and non-fishing activities that could potentially impact
EFH, in the Consolidated HMS FMP. Some new information regarding gear
impacts was incorporated into the review. For example, information
presented in the Gulf of Mexico and Caribbean Fishery Management
Council EFH FEIS's (2004) suggests that bottom longline gear may have
an adverse affect on coral reef habitat which serves as EFH for certain
reef fishes. As a result, NMFS has made a preliminary determination
that bottom longline gear may have an adverse affect on EFH for other
federally-managed species. An assessment of whether HMS bottom longline
gear is fished in EFH, and if so, the intensity, extent, and frequency
of such impacts, including any measures to minimize potential impacts,
will be addressed in the EIS.
Copies of the Consolidated HMS FMP are available for review (see
ADDRESSES).
Request for Comments
NMFS anticipates completing this EIS and any related documents by
January 1, 2008.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 31, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E6-18783 Filed 11-6-06; 8:45 am]
BILLING CODE 3510-22-S
