Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 15A, 73747-73749 [E7-25248]
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Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS
distinctive oceanographic and
geomorphic features that create a
dynamic and highly productive
ecosystem. The petition describes
oceanographic conditions such as
upwellings (i.e., the movement of
nutrient-rich subsurface waters to the
surface) that favor increased
zooplankton production. The petitioners
cite studies indicating a positive
relationship with leatherback presence
and these conditions (Benson et al.,
2007a) and that leatherbacks migrate to
and forage in the area (Benson et al.,
2007b).
The Petitioners claim the petitioned
area provides space for population
growth and normal behavior and is a
known crucial feeding site for
leatherbacks. The Petitioners believe the
area contains physical and biological
features essential to the conservation of
leatherback sea turtles. They offer that
the PCEs should be those habitat
components that are essential for
feeding, resting, migrating, and include
all marine waters, along with associated
marine aquatic flora and fauna in the
water column, and the underlying
marine benthic community. The
petitioners argue that the area requires
special management considerations as
evidenced by the existing measures to
reduce leatherback interactions with
fisheries. They claim the area should be
managed for other fisheries, marine
debris, vessel strikes, oil spills, coastal
development, and changing ocean
conditions brought on by global
warming.
Finally, the Petitioners request that, if
we determine some portion of the
petitioned area does not meet the
criteria for critical habitat, we analyze
whether some subset of this area should
be designated as critical habitat.
Petition Finding
Based on the above information and
information readily available in our
files, and pursuant to criteria specified
in 50 CFR 424.14(c), we find the
petitioners present substantial scientific
information indicating that a revision to
the critical habitat designation for
leatherbacks may be warranted. Our
Southwest Fisheries Science Center has
conducted research on leatherbacks
foraging within and migrating through
the petition area. Several female
leatherbacks nesting in Indonesia made
trans-Pacific post-nesting migrations to
foraging areas off the coasts of Oregon
and Washington (Benson et al., 2007a;
Benson unpublished data, 2007).
Benson et al., (2007b) found that
leatherbacks associate with areas along
the U.S. West Coast where nutrient-rich,
upwelling water is entrained nearshore.
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These areas provide increased retention
of zooplankton, larval fish, crabs, and
gelatinous organisms and represent
important foraging grounds for
leatherbacks.
To ensure that the review to revise
critical habitat for leatherbacks is
complete and based on the best
available data, we solicit information
and comments on whether the
petitioned area, or some subset, or some
adjacent areas along the U.S. West
Coast, qualify as critical habitat. Areas
that include the physical and biological
features essential to the conservation of
the species and that may require special
management considerations or
protection should be identified. As
stated earlier, essential features include,
but are not limited to, space for
individual growth and for normal
behavior, food, water, air, light,
minerals, or other nutritional or
physiological requirements, cover or
shelter, sites for reproduction and
development of offspring, and habitats
that are protected from disturbance or
are representative of the historical,
geographical and ecological
distributions of the species (50 CFR
424.12).
We request that all data, information,
and comments be accompanied by
supporting documentation such as
maps, bibliographic references, or
reprints of pertinent publications.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the above address (see
ADDRESSES).
Peer Review
OMB issued its Final Information
Quality Bulletin for Peer Review on
December 16, 2004. The Bulletin went
into effect June 16, 2005, and generally
requires that all ‘‘influential scientific
information’’ and ‘‘highly influential
scientific information’’ disseminated on
or after that date be peer reviewed.
Because the information used to
evaluate this petition may be considered
‘‘influential scientific information,’’ we
solicit the names of recognized experts
in the field that could serve as peer
reviewers of such information we may
disseminate as we evaluate this petition.
Independent peer reviewers will be
selected from the academic and
scientific community, applicable tribal
and other Native American groups,
Federal and state agencies, the private
sector, and public interest groups.
References Cited
Benson, S.R., K.A. Forney, J.T.
Harvey, J.V. Carretta, and P.H. Dutton.
2007a. Abundance, distribution, and
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habitat of leatherback turtles
(Dermochelys coriacea) off California,
1990–2003). Fisheries Bulletin.
105:337–347.
Benson, S.R., P.H. Dutton, C.
Hittipeuw, B. Samber, J. Bakarbessy,
and D. Parker. 2007b. Post-Nesting
Migrations of Leatherback Turtles
(Dermochelys coriacea) from JamursbaMedi, Bird’s Head Peninsula, Indonesia.
Chelonian Conservation and Biology.
6(1):150–154.
Authority: 16 U.S.C. 1531 et seq.
Dated: December 20, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7–25268 Filed 12–27–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–AU29
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern
Atlantic States; Amendment 15A
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Availability of
Amendment 15A to the South Atlantic
Snapper-Grouper Fishery Management
Plan; request for comments.
AGENCY:
SUMMARY: The South Atlantic Fishery
Management Council (Council) has
submitted Amendment 15A to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP) for review,
approval, and implementation by
NMFS. Amendment 15A proposes
actions to update management reference
points for snowy grouper, black sea
bass, and red porgy based on the most
recent stock assessments; modify
rebuilding schedules for snowy grouper
and black sea bass; define rebuilding
strategies for snowy grouper, black sea
bass, and red porgy; and redefine the
minimum stock size threshold for the
snowy grouper stock. The measures
contained in the subject amendment are
intended to satisfy a U.S. District Court
Order to establish rebuilding plans for
South Atlantic snowy grouper and black
sea bass and for the Secretary of
Commerce (Secretary) to approve,
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Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS
amend, or disapprove Amendment 15A
by March 14, 2008.
DATES: Comments must be received no
later than 5 p.m., eastern time, on
February 26, 2008.
ADDRESSES: You many submit
comments, identified by ‘‘0648–AU29’’,
by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal https://
www.regulations.gov.
• Fax: 727–824–8308, Attn: John
McGovern.
• Mail: John McGovern, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
Requests for copies of Amendment
15A, which includes an environmental
impact statement, a regulatory impact
review, a regulatory flexibility analysis,
and a fishery impact statement, should
be sent to the South Atlantic Fishery
Management Council, 4055 Faber Place,
Suite 201, North Charleston, SC 29405;
telephone 843–571–4366; fax 843–769–
4520; e-mail safmc@safmc.net.
FOR FURTHER INFORMATION CONTACT: John
McGovern, telephone: 727–824–5305;
fax: 727–824–5308; e-mail:
John.McGovern@noaa.gov.
SUPPLEMENTARY INFORMATION: The South
Atlantic snapper-grouper fishery is
managed under the FMP. The FMP was
prepared by the Council and
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
Background
Stock assessments performed through
the Southeast Data Assessment and
Review process have revealed that the
South Atlantic stocks of snowy grouper
(Epinephelus niveatus), black sea bass
(Centropristis striata), and red porgy
(Pagrus pagrus) are overfished.
Furthermore, snowy grouper and black
sea bass are undergoing overfishing. The
Council is required by the Magnuson-
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Stevens Act to implement rebuilding
plans for these overfished species. The
intent of a rebuilding plan is to increase
biomass of overfished stocks to a
sustainable level (Bmsy) within a
specified period of time.
On August 17, 2007, the United States
District Court for the District of
Columbia, issued a ruling on
Amendment 13C to the FMP (North
Carolina Fisheries Association, Inc., et
al., v. Carlos Gutierrez, Secretary,
United States Department of Commerce,
Case No. 06–1815 (D.O.C. 2006)). The
Court found that a plan to rebuild
snowy grouper and black sea bass
should have been included in
Amendment 13C because those two
species were overfished. The Court then
issued an Order on October 2, 2007,
requiring, among other things, the
Secretary to approve, amend, or
disapprove Amendment 15A by March
14, 2008. Amendment 15A is intended
to fulfill the Court’s Order in a timely
manner.
Proposed Provisions of Amendment
15A
Amendment 15A proposes updated
management reference points for snowy
grouper, black sea bass, and red porgy
based on the most recent stock
assessments; modifies rebuilding
schedules for snowy grouper and black
sea bass; proposes rebuilding strategies
for snowy grouper, black sea bass, and
red porgy; and redefines the minimum
stock size threshold (MSST) for the
snowy grouper stock.
New biological reference points for
snowy grouper would include a
maximum sustainable yield (MSY) of
313,056 lb (142,000 kg) whole weight
(ww), an optimum yield (OY) of 303,871
lb (137,834 kg) ww, and an MSST of
3,498,735 lb (1,587,000 kg) ww that
would establish a larger buffer between
what is considered to be an overfished
and a rebuilt condition. This
amendment proposes to establish a 34year rebuilding schedule for snowy
grouper based on the maximum
recommended period of time needed to
rebuild the stock, where 2006 is year 1.
The rebuilding strategy for snowy
grouper specifies a 2009 total allowable
catch (TAC) of 102,960 lb (46,702 kg)
ww that would remain in effect until
modified through subsequent action.
Based on the most recent stock
assessment, Amendment 15A proposes
an MSY for red porgy equal to 625,699
lb (283,812 kg) ww, and an OY equal to
608,099 lb (275,829 kg) ww. The
rebuilding strategy for red porgy would
maintain a constant fishing mortality
rate throughout the stock’s rebuilding
time frame of 18 years, which began in
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1999. A proposed TAC of 395,281 lb
(179,296 kg) ww would remain in effect
until modified through subsequent
action.
Based on the most recent stock
assessment for black sea bass in the
South Atlantic region, Amendment 15A
proposes an MSY equal to 2,777,825 lb
(1,260,000 kg) ww, and an OY equal to
2,742,551 lb (1,244,000 kg) ww.
Amendment 15A proposes a 10-year
rebuilding schedule for black sea bass,
based on the maximum recommended
period of time needed to rebuild the
stock, where 2006 is year 1. The
rebuilding strategy for black sea bass
would maintain constant catch during
the rebuilding time frame, with a
proposed 2009 TAC of 847,000 lb
(384,193 kg) ww, which would remain
in effect until modified through
subsequent action.
Procedural Aspects of Amendment 15A
The Council has submitted
Amendment 15A for Secretarial review,
approval, and implementation. NMFS’
decision to approve, partially approve,
or disapprove Amendment 15A will be
based, in part, on consideration of
comments, recommendations, and
information received during the
comment period on this notice of
availability. After consideration of these
factors, and consistency with the
Magnuson-Stevens Act and other
applicable laws, NMFS will publish a
notice of agency action in the Federal
Register announcing the Agency’s
decision to approve, partially approve,
or disapprove Amendment 15A, and the
associated rationale. Because none of
the measures included in the
amendment involve regulatory changes,
no proposed or final rule is required at
this time. If approved, the provisions of
Amendment 15A would not be specified
in regulations but would be considered
to be an amendment to the FMP. Any
subsequent regulatory management
measures resulting from the rebuilding
plan, would be implemented via plan
amendment or regulatory amendment
with associated proposed rules, public
comment, and final rules.
Consideration of Public Comments
Public comments received by 5 p.m.
eastern time, on February 26, 2008, will
be considered by NMFS in the approval/
disapproval decision regarding
Amendment 15A.
Authority: 16 U.S.C. 1801 et seq.
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Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Proposed Rules
Dated: December 20, 2007
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E7–25248 Filed 12–27–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070717340–7550–01]
RIN 0648–AV40
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
and Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments.
jlentini on PROD1PC65 with PROPOSALS
AGENCY:
SUMMARY: NMFS proposes 2008
specifications and management
measures for Atlantic mackerel, squid,
and butterfish (MSB). This action also
proposes to modify existing
management measures. Specifically, it
would clarify gear requirements for the
Loligo squid fishery, standardize
procedures for closing the Atlantic
mackerel (mackerel) and butterfish
fisheries, modify incidental possession
limits for mackerel and butterfish, and
establish a butterfish possession limit.
Additionally, this action requests public
comment concerning the possibility of
an inseason adjustment to increase the
mackerel harvest, if landings approach
proposed harvest limits. These proposed
specifications and management
measures promote the utilization and
conservation of the MSB resource.
DATES: Public comments must be
received no later than 5 p.m., eastern
standard time, on January 28, 2008.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council (Council),
including the Environmental
Assessment (EA) and Regulatory Impact
Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA), are
available from: Daniel Furlong,
Executive Director, Mid-Atlantic
Fishery Management Council, Room
2115, Federal Building, 300 South New
Street, Dover, DE 19904–6790. The EA/
RIR/IRFA is accessible via the Internet
at https://www.nero.nmfs.gov.
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Jkt 214001
You may submit comments, identified
by 0648–AV40, by any one of the
following methods:
Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal https://
www.regulations.gov;
Fax: (978) 281–9135, Attn: Carrie
Nordeen;
Mail to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, One Blackburn Drive,
Gloucester, MA 01930. Mark the outside
of the envelope ‘‘Comments on 2008
MSB Specifications’’.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information
(e.g., name, address, etc.) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments. Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF formats only.
FOR FURTHER INFORMATION CONTACT:
Carrie Nordeen, Fishery Policy Analyst,
978–281–9272, fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the Fishery
Management Plan for the Atlantic
Mackerel, Squid, and Butterfish
Fisheries (FMP) appear at 50 CFR part
648, subpart B. Regulations governing
foreign fishing appear at 50 CFR part
600, subpart F. These regulations, at
§ 648.21 and 600.516(c), require that
NMFS, based on the maximum
optimum yield (Max OY) of each fishery
as established by the regulations,
annually publish a proposed rule
specifying the amounts of the initial
optimum yield (IOY), allowable
biological catch (ABC), domestic annual
harvest (DAH), and domestic annual
processing (DAP), as well as, where
applicable, the amounts for total
allowable level of foreign fishing
(TALFF) and joint venture processing
(JVP) for the affected species managed
under the FMP. In addition, these
regulations allow Loligo squid
specifications to be specified for up to
3 years, subject to annual review. The
regulations found in § 648.21 also
specify that IOY for squid is equal to the
combination of research quota (RQ) and
DAH, with no TALFF specified for
squid. For butterfish, the regulations
specify that a butterfish bycatch TALFF
will be specified only if TALFF is
specified for mackerel.
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73749
At its June 12–14, 2007, meeting in
Hampton, VA, the Council
recommended 2008 MSB specifications.
The recommended specifications for
Loligo squid and Illex squid are the
same as those implemented in 2007. For
mackerel, the Council recommended a
reduced ABC, based on an updated
fishing mortality target from the most
recent stock assessment. The IOY, DAH,
DAP, JVP, and TALFF recommended for
mackerel are the same as those
implemented in 2007. For butterfish, the
Council recommended reducing the
ABC, IOY, DAH, and DAP to levels
approximating recent landings while a
butterfish rebuilding program is being
developed in Amendment 10 to the
FMP. The Council also recommended
modifying existing management
measures. Specifically, it recommended
clarifying gear requirements for the
Loligo squid and butterfish fisheries,
adjusting triggers and incidental
possession limits associated with
closures of the mackerel and butterfish
fisheries, and establishing a butterfish
possession limit.
For 2008, the Council recommended
the consideration of RQ of up to 3
percent of the IOY for Loligo and Illex
squid, butterfish, and mackerel. The RQ
would fund research and data collection
for those species. A Request for
Research Proposals was published to
solicit proposals for 2008 based on
research priorities previously identified
by the Council (71 FR 77726, December
27, 2006). The deadline for submission
was February 12, 2007. On June 12,
2007, NMFS convened a Review Panel
to review the comments submitted by
technical reviewers. Based on
discussions between NMFS staff,
technical review comments, and Review
Panel comments, one project proposal
requesting Loligo squid set-aside
landings was recommended for
approval and will be forwarded to the
NOAA Grants Office for award, for a
total RQ of up to 23 mt. The commercial
Loligo squid quota in this proposed rule
has been adjusted to allow for RQ. If the
award is not made by the NOAA Grants
Office for any reason, NMFS will give
notice of an adjustment to the annual
quota to return the unawarded set-aside
amount to the fishery.
Disapproval of Increased Incidental
Loligo Squid Possession Limit for the
Illex Squid Vessels
The issue of incidental catch of Loligo
squid in the Illex squid fishery was
identified several years ago when large
amounts of Loligo squid discards were
reported in vessel trip reports by Illex
squid vessels during closures of the
directed Loligo squid fishery in the
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]]>Agencies
[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Proposed Rules]
[Pages 73747-73749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25248]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-AU29
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 15A
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Availability of Amendment 15A to the South Atlantic
Snapper-Grouper Fishery Management Plan; request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (Council) has
submitted Amendment 15A to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review,
approval, and implementation by NMFS. Amendment 15A proposes actions to
update management reference points for snowy grouper, black sea bass,
and red porgy based on the most recent stock assessments; modify
rebuilding schedules for snowy grouper and black sea bass; define
rebuilding strategies for snowy grouper, black sea bass, and red porgy;
and redefine the minimum stock size threshold for the snowy grouper
stock. The measures contained in the subject amendment are intended to
satisfy a U.S. District Court Order to establish rebuilding plans for
South Atlantic snowy grouper and black sea bass and for the Secretary
of Commerce (Secretary) to approve,
[[Page 73748]]
amend, or disapprove Amendment 15A by March 14, 2008.
DATES: Comments must be received no later than 5 p.m., eastern time, on
February 26, 2008.
ADDRESSES: You many submit comments, identified by ``0648-AU29'', by
any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal https://
www.regulations.gov.
Fax: 727-824-8308, Attn: John McGovern.
Mail: John McGovern, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Requests for copies of Amendment 15A, which includes an
environmental impact statement, a regulatory impact review, a
regulatory flexibility analysis, and a fishery impact statement, should
be sent to the South Atlantic Fishery Management Council, 4055 Faber
Place, Suite 201, North Charleston, SC 29405; telephone 843-571-4366;
fax 843-769-4520; e-mail safmc@safmc.net.
FOR FURTHER INFORMATION CONTACT: John McGovern, telephone: 727-824-
5305; fax: 727-824-5308; e-mail: John.McGovern@noaa.gov.
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery
is managed under the FMP. The FMP was prepared by the Council and
implemented by NMFS under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Background
Stock assessments performed through the Southeast Data Assessment
and Review process have revealed that the South Atlantic stocks of
snowy grouper (Epinephelus niveatus), black sea bass (Centropristis
striata), and red porgy (Pagrus pagrus) are overfished. Furthermore,
snowy grouper and black sea bass are undergoing overfishing. The
Council is required by the Magnuson-Stevens Act to implement rebuilding
plans for these overfished species. The intent of a rebuilding plan is
to increase biomass of overfished stocks to a sustainable level
(Bmsy) within a specified period of time.
On August 17, 2007, the United States District Court for the
District of Columbia, issued a ruling on Amendment 13C to the FMP
(North Carolina Fisheries Association, Inc., et al., v. Carlos
Gutierrez, Secretary, United States Department of Commerce, Case No.
06-1815 (D.O.C. 2006)). The Court found that a plan to rebuild snowy
grouper and black sea bass should have been included in Amendment 13C
because those two species were overfished. The Court then issued an
Order on October 2, 2007, requiring, among other things, the Secretary
to approve, amend, or disapprove Amendment 15A by March 14, 2008.
Amendment 15A is intended to fulfill the Court's Order in a timely
manner.
Proposed Provisions of Amendment 15A
Amendment 15A proposes updated management reference points for
snowy grouper, black sea bass, and red porgy based on the most recent
stock assessments; modifies rebuilding schedules for snowy grouper and
black sea bass; proposes rebuilding strategies for snowy grouper, black
sea bass, and red porgy; and redefines the minimum stock size threshold
(MSST) for the snowy grouper stock.
New biological reference points for snowy grouper would include a
maximum sustainable yield (MSY) of 313,056 lb (142,000 kg) whole weight
(ww), an optimum yield (OY) of 303,871 lb (137,834 kg) ww, and an MSST
of 3,498,735 lb (1,587,000 kg) ww that would establish a larger buffer
between what is considered to be an overfished and a rebuilt condition.
This amendment proposes to establish a 34-year rebuilding schedule for
snowy grouper based on the maximum recommended period of time needed to
rebuild the stock, where 2006 is year 1. The rebuilding strategy for
snowy grouper specifies a 2009 total allowable catch (TAC) of 102,960
lb (46,702 kg) ww that would remain in effect until modified through
subsequent action.
Based on the most recent stock assessment, Amendment 15A proposes
an MSY for red porgy equal to 625,699 lb (283,812 kg) ww, and an OY
equal to 608,099 lb (275,829 kg) ww. The rebuilding strategy for red
porgy would maintain a constant fishing mortality rate throughout the
stock's rebuilding time frame of 18 years, which began in 1999. A
proposed TAC of 395,281 lb (179,296 kg) ww would remain in effect until
modified through subsequent action.
Based on the most recent stock assessment for black sea bass in the
South Atlantic region, Amendment 15A proposes an MSY equal to 2,777,825
lb (1,260,000 kg) ww, and an OY equal to 2,742,551 lb (1,244,000 kg)
ww. Amendment 15A proposes a 10-year rebuilding schedule for black sea
bass, based on the maximum recommended period of time needed to rebuild
the stock, where 2006 is year 1. The rebuilding strategy for black sea
bass would maintain constant catch during the rebuilding time frame,
with a proposed 2009 TAC of 847,000 lb (384,193 kg) ww, which would
remain in effect until modified through subsequent action.
Procedural Aspects of Amendment 15A
The Council has submitted Amendment 15A for Secretarial review,
approval, and implementation. NMFS' decision to approve, partially
approve, or disapprove Amendment 15A will be based, in part, on
consideration of comments, recommendations, and information received
during the comment period on this notice of availability. After
consideration of these factors, and consistency with the Magnuson-
Stevens Act and other applicable laws, NMFS will publish a notice of
agency action in the Federal Register announcing the Agency's decision
to approve, partially approve, or disapprove Amendment 15A, and the
associated rationale. Because none of the measures included in the
amendment involve regulatory changes, no proposed or final rule is
required at this time. If approved, the provisions of Amendment 15A
would not be specified in regulations but would be considered to be an
amendment to the FMP. Any subsequent regulatory management measures
resulting from the rebuilding plan, would be implemented via plan
amendment or regulatory amendment with associated proposed rules,
public comment, and final rules.
Consideration of Public Comments
Public comments received by 5 p.m. eastern time, on February 26,
2008, will be considered by NMFS in the approval/disapproval decision
regarding Amendment 15A.
Authority: 16 U.S.C. 1801 et seq.
[[Page 73749]]
Dated: December 20, 2007
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E7-25248 Filed 12-27-07; 8:45 am]
BILLING CODE 3510-22-S
