Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 14, 32281-32282 [E8-12745]
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Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules
made entirely of sinking line. Floating
groundlines are prohibited. * * *
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(2) Trap/pot gear—(i) Groundlines.
All groundlines must be made entirely
of sinking line. Floating groundlines are
prohibited. * * *
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[FR Doc. 08–1326 Filed 6–3–08; 2:14 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–AU28
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern
Atlantic States; Amendment 14
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Availability of an
amendment to a fishery management
plan; request for comments.
dwashington3 on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: The South Atlantic Fishery
Management Council (Council) has
submitted Amendment 14 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP) for review, approval, and
implementation by NMFS. The
amendment would establish eight Type
2 marine protected areas (MPAs) in
which fishing for or possession of
snapper-grouper species would be
prohibited, but other types of legal
fishing would be allowed. The MPAs
would be located in the following areas:
one off southern North Carolina, three
off South Carolina, one off Georgia, and
three off Florida, and range from 5 by
10 nautical miles to 22 by 23 nautical
miles in area. Amendment 14 also
proposes to prohibit the use of shark
bottom longlines within the MPAs,
however, NMFS is proposing to
implement the prohibition of shark
bottom longlines through separate
rulemaking. If implemented, these
measures are expected to enhance the
optimum size, age and genetic structure
of slow growing long-lived deepwater
grouper species.
DATES: Written comments will be
accepted through August 5, 2008.
ADDRESSES: You may submit comments,
identified by 0648–AU28, by any one of
the following methods:
VerDate Aug<31>2005
11:59 Jun 05, 2008
Jkt 214001
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal http://
www.regulations.gov.
• Fax: 727–824–5308, Attn: Kate
Michie.
• Mail: Kate Michie, NMFS Southeast
Regional Office, Sustainable Fisheries
Division, 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 http://
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.Copies of
Amendment 14 may be obtained from
the South Atlantic Fishery Management
Council, 4055 Faber Place, Suite 201,
North Charleston, South Carolina 29405;
phone: 843–571–4366 or toll free at 1–
866–SAFMC–10; fax: 843–769–4520; email: safmc@safmc.net. Amendment 14
includes a Final Environmental Impact
Statement, a Biological Assessment, an
Initial Regulatory Flexibility Analysis, a
Regulatory Impact Review, and Social
Impact Assessment/Fishery Impact
Statement.
Kim
Iverson, Public Information Officer,
South Atlantic Fishery Management
Council; toll free 1–866–SAFMC–10 or
843–571–4366; kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery off the southern
Atlantic states is managed under the
FMP. The FMP was prepared by the
Council and is implemented under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The Magnuson-Stevens Act requires a
regional fishery management council to
submit an amendment to a fishery
management plan to NMFS for review,
approval, disapproval, or partial
approval. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
an amendment, publish a notice in the
Federal Register stating that the
amendment is available for public
review and comments.
FOR FURTHER INFORMATION CONTACT:
Background
Many snapper-grouper species are
vulnerable to overfishing because they
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
32281
are long-lived (e.g., snowy grouper,
golden tilefish, red snapper, gag, scamp,
red grouper, and red porgy); they are
protogynous, i.e., they may change sex
from females to males as they grow
older/larger (e.g., snowy grouper,
speckled hind, Warsaw grouper,
yellowedge grouper, gag, scamp, red
porgy, and black sea bass); they form
spawning aggregations (e.g., snowy
grouper, gag, scamp, and red snapper);
and they suffer high release mortality
when taken from deep water. Deepwater
snapper-grouper species (speckled hind,
snowy grouper, Warsaw grouper,
yellowedge grouper, misty grouper,
golden tilefish, and blueline tilefish) are
most vulnerable to overfishing because
they live longer than 50 years, do not
survive the trauma of capture, and are
protogynous (groupers) or exhibit sexual
dimorphism, i.e., males and females
grow at different rates (tilefishes).
Stock assessments indicate that black
sea bass, red porgy, and snowy grouper
are overfished, i.e., spawning stock
biomass is not sufficient to reproduce
and support continued productivity. In
addition, black sea bass, golden tilefish,
snowy grouper, and vermilion snapper
are experiencing overfishing, i.e., the
current rate of fishing mortality
jeopardizes the capacity of the fishery to
produce its maximum sustainable yield
on a continuing basis. Reductions in
catch and protection of habitat are
needed.
Proposed Measures
This amendment and its
implementing rule would establish eight
MPAs in which a portion of the
population and habitat of long-lived,
slow growing, deepwater snappergrouper species would be protected
from directed fishing pressure. Fishing
for or possession of South Atlantic
snapper-grouper would be prohibited in
the MPAs. However, the prohibition on
possession would not apply to a person
aboard a vessel that is in transit with
fishing gear appropriately stowed.
MPAs are considered to be an effective
fishery management tool that would
allow deepwater snapper-grouper to
reach a more natural sex ratio, age, and
size structure. They are also expected to
protect spawning locations, and provide
a refuge for early developmental stages
of fish species.
The prohibition of use of shark
bottom longlines in the MPAs is
considered necessary for habitat
protection and to prevent the mortality
of incidentally caught snapper-grouper.
The Council voted to include this
measure in an effort to address
enforcement concerns regarding the
similarity between snapper-grouper
E:\FR\FM\06JNP1.SGM
06JNP1
32282
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules
dwashington3 on PRODPC61 with PROPOSALS
bottom longline gear and shark bottom
longline gear, which is also currently
used in the subject areas. However,
because the Atlantic shark fishery is
managed under the Highly Migratory
Species (HMS) fishery management plan
(HMS FMP), NMFS has requested the
HMS Division promulgate the
prohibition of use of shark bottom
longlines within the proposed MPAs.
With an effort to implement compatible
regulations on a similar timeline, the
HMS Division published a proposed
rule on July 27, 2007 (72 FR 41392), to
prohibit shark bottom longlining in the
MPAs through Amendment 2 to the
consolidated HMS FMP. Public
comment on Amendment 2 was
requested through October 10, 2007. In
a notice published October 23, 2007 (72
FR 56330), NMFS extended public
comment on Amendment 2 through
November 2, 2007. The public comment
period for Amendment 2 was extended
an additional 30 days on November 15,
2007 (72 FR 64186). The final
Environmental Imapct Statement (EIS)
was published on April 18, 2008, with
the prohibition on the use of shark
bottom longlines as the preferred
alternative. If Amendment 2 is
approved, implementation of the shark
bottom longline prohibition would
occur after a final rule is published by
the HMS Division.
The Council defines MPAs within its
jurisdiction as a network of specific
areas of marine environments reserved
and managed for the primary purpose of
aiding in the recovery of overfished
stocks and to insure the persistence of
healthy fish stocks, fisheries, and
habitats. Such areas may be over natural
or artificial bottom and may include
prohibition of harvest indefinitely to
accomplish needed conservation goals.
The Council recognizes that there may
be a positive impact from the
designation of the proposed sites to non-
VerDate Aug<31>2005
11:59 Jun 05, 2008
Jkt 214001
deepwater species, which may co-occur,
such as vermilion snapper, red porgy,
and gag.
species, while limiting adverse social
and economic impact on the fishing
community.
MPA Locations
Using input received from the fishing
industry; scientific, academic, and
environmental communities; and law
enforcement personnel, the Council
selected specific sites for MPAs on the
basis of maximizing the biological
benefits and enhancing enforceability
and monitoring while minimizing the
adverse social and economic effects.
Sizes of the MPAs would range from
approximately 5 by 10 nautical miles
(nm) to approximately 22 by 23 nm. One
would be off North Carolina, three off
South Carolina, one off Georgia, and
three off the east coast of Florida. An
artificial reef may be established at one
of the South Carolina sites. The two
most southern MPAs would be
approximately 9 and 13 nm offshore,
respectively, and the others at least 38
nm offshore.
Availability of Amendment 14
MPA Types Considered
The following types of actions are
available to the Council for designating
MPAs, and the complete suite of
alternatives considered are discussed in
the Environmental Impact Statement for
Amendment 14.
Type 1 - Permanent closure/no-take
Type 2 - Permanent closure/some take
allowed
Type 3 - Limited duration closure/notake
Type 4 - Limited duration closure/
some take allowed
Based on input received from the
fishing industry; scientific, academic,
and environmental communities; and
law enforcement personnel, the Council
has determined that Type 2
management actions would be effective
in meeting the conservation goal of
protecting deepwater snapper-grouper
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
Additional background and rational
for the measures discussed above are
contained in Amendment 14.
Proposed Rule
A proposed rule that would
implement the measures in Amendment
14 has been received from the Council.
In accordance with the MangusonStevens Act, NMFS is evaluating the
proposed rule to determine whether it is
consistent with the FMP, the MagnusonStevens Act, and other applicable law.
If that determination is affirmative,
NMFS will publish the proposed rule in
the Federal Register for public review
and comment.
Consideration of Public Comments
Comments received by August 5,
2008, will be considered by NMFS in its
decision to approve, disapprove, or
partially approve Amendment 14.
Comments received after that date will
not be considered by NMFS in this
decision. To be considered, comments
must be received by 5 p.m. on the last
day of the comment period; that does
not mean postmarked or otherwise
transmitted by that date. All comments
received by NMFS on Amendment 14 or
the proposed rule during their
respective comment periods will be
addressed in the preamble of the final
rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 2, 2008
Emily H. Menashes
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–12745 Filed 6–5–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\06JNP1.SGM
06JNP1
Agencies
[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Proposed Rules]
[Pages 32281-32282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12745]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-AU28
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 14
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Availability of an amendment to a fishery management
plan; request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (Council) has
submitted Amendment 14 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review,
approval, and implementation by NMFS. The amendment would establish
eight Type 2 marine protected areas (MPAs) in which fishing for or
possession of snapper-grouper species would be prohibited, but other
types of legal fishing would be allowed. The MPAs would be located in
the following areas: one off southern North Carolina, three off South
Carolina, one off Georgia, and three off Florida, and range from 5 by
10 nautical miles to 22 by 23 nautical miles in area. Amendment 14 also
proposes to prohibit the use of shark bottom longlines within the MPAs,
however, NMFS is proposing to implement the prohibition of shark bottom
longlines through separate rulemaking. If implemented, these measures
are expected to enhance the optimum size, age and genetic structure of
slow growing long-lived deepwater grouper species.
DATES: Written comments will be accepted through August 5, 2008.
ADDRESSES: You may submit comments, identified by 0648-AU28, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Fax: 727-824-5308, Attn: Kate Michie.
Mail: Kate Michie, NMFS Southeast Regional Office,
Sustainable Fisheries Division, 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 http://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.Copies of Amendment 14 may be obtained from
the South Atlantic Fishery Management Council, 4055 Faber Place, Suite
201, North Charleston, South Carolina 29405; phone: 843-571-4366 or
toll free at 1-866-SAFMC-10; fax: 843-769-4520; e-mail:
safmc@safmc.net. Amendment 14 includes a Final Environmental Impact
Statement, a Biological Assessment, an Initial Regulatory Flexibility
Analysis, a Regulatory Impact Review, and Social Impact Assessment/
Fishery Impact Statement.
FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information
Officer, South Atlantic Fishery Management Council; toll free 1-866-
SAFMC-10 or 843-571-4366; kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern
Atlantic states is managed under the FMP. The FMP was prepared by the
Council and is implemented under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The Magnuson-Stevens Act requires a regional fishery management
council to submit an amendment to a fishery management plan to NMFS for
review, approval, disapproval, or partial approval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an amendment,
publish a notice in the Federal Register stating that the amendment is
available for public review and comments.
Background
Many snapper-grouper species are vulnerable to overfishing because
they are long-lived (e.g., snowy grouper, golden tilefish, red snapper,
gag, scamp, red grouper, and red porgy); they are protogynous, i.e.,
they may change sex from females to males as they grow older/larger
(e.g., snowy grouper, speckled hind, Warsaw grouper, yellowedge
grouper, gag, scamp, red porgy, and black sea bass); they form spawning
aggregations (e.g., snowy grouper, gag, scamp, and red snapper); and
they suffer high release mortality when taken from deep water.
Deepwater snapper-grouper species (speckled hind, snowy grouper, Warsaw
grouper, yellowedge grouper, misty grouper, golden tilefish, and
blueline tilefish) are most vulnerable to overfishing because they live
longer than 50 years, do not survive the trauma of capture, and are
protogynous (groupers) or exhibit sexual dimorphism, i.e., males and
females grow at different rates (tilefishes).
Stock assessments indicate that black sea bass, red porgy, and
snowy grouper are overfished, i.e., spawning stock biomass is not
sufficient to reproduce and support continued productivity. In
addition, black sea bass, golden tilefish, snowy grouper, and vermilion
snapper are experiencing overfishing, i.e., the current rate of fishing
mortality jeopardizes the capacity of the fishery to produce its
maximum sustainable yield on a continuing basis. Reductions in catch
and protection of habitat are needed.
Proposed Measures
This amendment and its implementing rule would establish eight MPAs
in which a portion of the population and habitat of long-lived, slow
growing, deepwater snapper-grouper species would be protected from
directed fishing pressure. Fishing for or possession of South Atlantic
snapper-grouper would be prohibited in the MPAs. However, the
prohibition on possession would not apply to a person aboard a vessel
that is in transit with fishing gear appropriately stowed. MPAs are
considered to be an effective fishery management tool that would allow
deepwater snapper-grouper to reach a more natural sex ratio, age, and
size structure. They are also expected to protect spawning locations,
and provide a refuge for early developmental stages of fish species.
The prohibition of use of shark bottom longlines in the MPAs is
considered necessary for habitat protection and to prevent the
mortality of incidentally caught snapper-grouper. The Council voted to
include this measure in an effort to address enforcement concerns
regarding the similarity between snapper-grouper
[[Page 32282]]
bottom longline gear and shark bottom longline gear, which is also
currently used in the subject areas. However, because the Atlantic
shark fishery is managed under the Highly Migratory Species (HMS)
fishery management plan (HMS FMP), NMFS has requested the HMS Division
promulgate the prohibition of use of shark bottom longlines within the
proposed MPAs. With an effort to implement compatible regulations on a
similar timeline, the HMS Division published a proposed rule on July
27, 2007 (72 FR 41392), to prohibit shark bottom longlining in the MPAs
through Amendment 2 to the consolidated HMS FMP. Public comment on
Amendment 2 was requested through October 10, 2007. In a notice
published October 23, 2007 (72 FR 56330), NMFS extended public comment
on Amendment 2 through November 2, 2007. The public comment period for
Amendment 2 was extended an additional 30 days on November 15, 2007 (72
FR 64186). The final Environmental Imapct Statement (EIS) was published
on April 18, 2008, with the prohibition on the use of shark bottom
longlines as the preferred alternative. If Amendment 2 is approved,
implementation of the shark bottom longline prohibition would occur
after a final rule is published by the HMS Division.
The Council defines MPAs within its jurisdiction as a network of
specific areas of marine environments reserved and managed for the
primary purpose of aiding in the recovery of overfished stocks and to
insure the persistence of healthy fish stocks, fisheries, and habitats.
Such areas may be over natural or artificial bottom and may include
prohibition of harvest indefinitely to accomplish needed conservation
goals. The Council recognizes that there may be a positive impact from
the designation of the proposed sites to non-deepwater species, which
may co-occur, such as vermilion snapper, red porgy, and gag.
MPA Locations
Using input received from the fishing industry; scientific,
academic, and environmental communities; and law enforcement personnel,
the Council selected specific sites for MPAs on the basis of maximizing
the biological benefits and enhancing enforceability and monitoring
while minimizing the adverse social and economic effects. Sizes of the
MPAs would range from approximately 5 by 10 nautical miles (nm) to
approximately 22 by 23 nm. One would be off North Carolina, three off
South Carolina, one off Georgia, and three off the east coast of
Florida. An artificial reef may be established at one of the South
Carolina sites. The two most southern MPAs would be approximately 9 and
13 nm offshore, respectively, and the others at least 38 nm offshore.
MPA Types Considered
The following types of actions are available to the Council for
designating MPAs, and the complete suite of alternatives considered are
discussed in the Environmental Impact Statement for Amendment 14.
Type 1 - Permanent closure/no-take
Type 2 - Permanent closure/some take allowed
Type 3 - Limited duration closure/no-take
Type 4 - Limited duration closure/some take allowed
Based on input received from the fishing industry; scientific,
academic, and environmental communities; and law enforcement personnel,
the Council has determined that Type 2 management actions would be
effective in meeting the conservation goal of protecting deepwater
snapper-grouper species, while limiting adverse social and economic
impact on the fishing community.
Availability of Amendment 14
Additional background and rational for the measures discussed above
are contained in Amendment 14.
Proposed Rule
A proposed rule that would implement the measures in Amendment 14
has been received from the Council. In accordance with the Manguson-
Stevens Act, NMFS is evaluating the proposed rule to determine whether
it is consistent with the FMP, the Magnuson-Stevens Act, and other
applicable law. If that determination is affirmative, NMFS will publish
the proposed rule in the Federal Register for public review and
comment.
Consideration of Public Comments
Comments received by August 5, 2008, will be considered by NMFS in
its decision to approve, disapprove, or partially approve Amendment 14.
Comments received after that date will not be considered by NMFS in
this decision. To be considered, comments must be received by 5 p.m. on
the last day of the comment period; that does not mean postmarked or
otherwise transmitted by that date. All comments received by NMFS on
Amendment 14 or the proposed rule during their respective comment
periods will be addressed in the preamble of the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 2, 2008
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-12745 Filed 6-5-08; 8:45 am]
BILLING CODE 3510-22-S