Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Regulatory Amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico, 71605-71606 [E8-28017]
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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
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Dated: November 20, 2008.
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Atmosphere Research, National Oceanic and
Atmospheric Administration.
[FR Doc. E8–28008 Filed 11–24–08; 8:45 am]
jlentini on PROD1PC65 with NOTICES
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XL66
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Regulatory
Amendment to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent (NOI) to prepare
a draft environmental impact statement
(DEIS); notice of scoping meetings;
request for comments.
AGENCY:
SUMMARY: NMFS, Southeast Region, in
collaboration with the Gulf of Mexico
Fishery Management Council (Council),
intends to prepare a DEIS to describe
and analyze management alternatives to
be included in a regulatory action taken
under the Fishery Management Plan for
the Reef Fish Resources of the Gulf of
Mexico (Reef Fish FMP). These
alternatives will consider measures to
reduce the incidental take of sea turtles
by the bottom longline component of
the reef fish fishery. The purpose of this
NOI is to solicit public comments on the
scope of issues to be addressed in the
DEIS.
Written comments on the scope
of issues to be addressed in the DEIS
must be received by NMFS by December
26, 2008. Scoping meetings will be held
in December 2008. See SUPPLEMENTARY
INFORMATION for specific dates and
times.
DATES:
Written comments on the
scope of the DEIS, suggested alternatives
and potential impacts, and requests for
additional information on the action
should be sent to Peter Hood, NMFS,
Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL
33701–5511; telephone (727) 824–5305;
fax (727) 824–5308. Comments may also
be sent by e-mail to 0648–
XL66@noaa.gov.Requests for
information packets and for sign
language interpretation or other
auxiliary aids should be directed to the
Gulf of Mexico Fishery Management
Council, 2203 North Lois Avenue, Suite
1100, Tampa, FL 33607; telephone:
(813) 348–1630; fax: (813) 348–1711;
Web site: www.gulfcouncil.org. Requests
may also be sent by e-mail to
Carrie.Simmons@gulfcouncil.org.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Peter Hood, phone: (727) 824–5305; fax:
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17:01 Nov 24, 2008
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71605
(727) 824–5308; e-mail:
Peter.Hood@noaa.gov.
A 2005
Biological Opinion on the Gulf of
Mexico (Gulf) reef fish fishery
concluded the fishery’s continued
authorization is not likely to jeopardize
the continued existence of any species
listed under the Endangered Species Act
(ESA). The Incidental Take Statement
(ITS) anticipated takes of 85 loggerhead
sea turtles over a three-year period for
the bottom longline portion of the reef
fish fishery and 203 loggerhead sea
turtles for the entire fishery. Take was
also anticipated for other sea turtle
species and smalltooth sawfish.
Beginning in 2006, NMFS has
required vessels participating in the
Gulf reef fish fishery to carry observers
if selected to participate in the observer
program. Observer data is collected from
reef fish vessels as well as shark bottom
longline vessels that also participate in
the reef fish fishery. Currently, the
program covers one percent of the
fishery. From July 2006 through
December 2007, observers documented
16 loggerhead sea turtles and 2
unidentified hardshell sea turtles
captured by longlines targeting reef fish
in the eastern Gulf. Only 44 percent of
captured sea turtles were released alive.
Based on these data and levels of effort
from logbooks, NMFS estimated 902
hardshell sea turtle takes occurred
during the 18-month study period in the
eastern Gulf by reef fish bottom longline
vessels.
According to the ESA, reinitiation of
a consultation on the effect a federal
action has on listed species is necessary
when ‘‘the amount or extent of taking
specified in the ITS is exceeded.’’ The
18-month estimates from the NMFS
study for bottom longlines in the eastern
Gulf exceed the anticipated takes for all
gear in the entire Gulf for three years.
Accordingly, the Southeast Regional
Office, Sustainable Fisheries Division,
requested reinitiation of consultation for
the Gulf reef fish fishery on September
3, 2008.
At its October 2008 meeting, the
Council decided to initiate regulatory
action including measures to reduce the
incidental take of sea turtles by the
bottom longline component of the reef
fish fishery. NMFS, in collaboration
with the Council, will develop a DEIS
to evaluate alternatives to accomplish
this reduction. Those alternatives
include, but are not limited to: a ‘‘no
action’’ alternative; alternatives to
develop time/area closures; alternatives
for gear or bait modification;
alternatives to expand the observer
SUPPLEMENTARY INFORMATION:
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71606
Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
program; and alternatives for effort
limitation.
In accordance with NOAA’s
Administrative Order 216–6, Section
5.02(c), the Council has identified this
preliminary range of alternatives as a
means to initiate discussion for scoping
purposes only. These preliminary issues
may not represent the full range of
issues that eventually will be evaluated
in the Environmental Impact Statement.
The Council has scheduled the
following scoping meetings to provide
the opportunity for additional public
input:
1. Tuesday, December 9, 2008 Hilton
Garden Inn, 1101 US Highway 231,
Panama City, FL 32405, phone: 850–
392–1093;
2. Wednesday, December 10, 2008
City of Madeira Beach, 300 Municipal
Drive, Madeira Beach, FL 33708, phone:
727–391–9951.
Copies of the scoping document are
available from the Council or can be
downloaded from the Council Web site
(see ADDRESSES).
All scoping meetings will begin at 7
p.m. The meetings will be physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to the Council (see
ADDRESSES).
Once the DEIS associated with the
regulatory action is completed, it will be
filed with the Environmental Protection
Agency (EPA). The EPA will publish a
notice of availability of the DEIS for
public comment in the Federal Register.
The DEIS will have a 45-day comment
period. This procedure is pursuant to
regulations issued by the Council on
Environmental Quality (CEQ) for
implementing the procedural provisions
of the National Environmental Policy
Act (NEPA; 40 CFR parts 1500–1508)
and to NOAA’s Administrative Order
216–6 regarding NOAA’s compliance
with NEPA and the CEQ regulations.
NMFS will consider public comments
received on the DEIS in developing the
final environmental impact statement
(FEIS) and before adopting final
management measures for the action.
NMFS will submit both the final
measures and the supporting FEIS to the
Secretary of Commerce (Secretary) for
review as per the Magnuson-Stevens
Fishery Conservation and Management
Act.
jlentini on PROD1PC65 with NOTICES
Authority: 16 U.S.C. 1801 et seq.
Dated: November 20, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–28017 Filed 11–24–08; 8:45 am]
BILLING CODE 3510–22–S
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17:01 Nov 24, 2008
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XK83
Incidental Takes of Marine Mammals
During Specified Activities; Marine
Seismic Surveys in the Southwest
Pacific Ocean, January–February, 2009
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
take authorization; request for
comments.
AGENCY:
SUMMARY: NMFS has received an
application from the Lamont-Doherty
Earth Observatory (L-DEO) for an
Incidental Harassment Authorization
(IHA) to take small numbers of marine
mammals, by harassment, incidental to
conducting a seismic survey in the
southwest Pacific Ocean. Pursuant to
the Marine Mammal Protection Act
(MMPA), NMFS requests comments on
its proposal to authorize L-DEO to take,
by Level B harassment only, small
numbers of marine mammals incidental
to conducting a marine seismic survey
during January through February, 2009.
DATES: Comments and information must
be received no later than December 26,
2008.
ADDRESSES: Comments on the
application should be addressed to
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225. The mailbox address for
providing email comments is PR1.0648–
XK83@noaa.gov. Comments sent via email, including all attachments, must
not exceed a 10–megabyte file size.
A copy of the application containing
a list of the references used in this
document may be obtained by writing to
the address specified above, telephoning
the contact listed below (see FOR
FURTHER INFORMATION CONTACT), or
visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody or Ken Hollingshead,
Office of Protected Resources, NMFS,
(301) 713–2289.
SUPPLEMENTARY INFORMATION:
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Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of marine mammals
by United States citizens who engage in
a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental taking
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses, and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘...an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals by harassment. Except
with respect to certain activities not
pertinent here, the MMPA defines
‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[‘‘Level A harassment’’]; or (ii) has the
potential to disturb a marine mammal or
marine mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[‘‘Level B harassment’’;].
Section 101(a)(5)(D) establishes a 45–
day time limit for NMFS’ review of an
application followed by a 30–day public
notice and comment period on any
proposed authorizations for the
incidental harassment of small numbers
of marine mammals. Within 45 days of
the close of the comment period, NMFS
must either issue or deny issuance of
the authorization.
Summary of Request
On August 18, 2008, NMFS received
an application from L-DEO for the
taking by Level B harassment only, of
small numbers of 29 species of marine
mammals incidental to conducting, with
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]]>Agencies
[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71605-71606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28017]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XL66
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Regulatory Amendment to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent (NOI) to prepare a draft environmental impact
statement (DEIS); notice of scoping meetings; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS, Southeast Region, in collaboration with the Gulf of
Mexico Fishery Management Council (Council), intends to prepare a DEIS
to describe and analyze management alternatives to be included in a
regulatory action taken under the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico (Reef Fish FMP). These
alternatives will consider measures to reduce the incidental take of
sea turtles by the bottom longline component of the reef fish fishery.
The purpose of this NOI is to solicit public comments on the scope of
issues to be addressed in the DEIS.
DATES: Written comments on the scope of issues to be addressed in the
DEIS must be received by NMFS by December 26, 2008. Scoping meetings
will be held in December 2008. See SUPPLEMENTARY INFORMATION for
specific dates and times.
ADDRESSES: Written comments on the scope of the DEIS, suggested
alternatives and potential impacts, and requests for additional
information on the action should be sent to Peter Hood, NMFS, Southeast
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701-5511;
telephone (727) 824-5305; fax (727) 824-5308. Comments may also be sent
by e-mail to 0648-XL66@noaa.gov.Requests for information packets and
for sign language interpretation or other auxiliary aids should be
directed to the Gulf of Mexico Fishery Management Council, 2203 North
Lois Avenue, Suite 1100, Tampa, FL 33607; telephone: (813) 348-1630;
fax: (813) 348-1711; Web site: www.gulfcouncil.org. Requests may also
be sent by e-mail to Carrie.Simmons@gulfcouncil.org.
FOR FURTHER INFORMATION CONTACT: Peter Hood, phone: (727) 824-5305;
fax: (727) 824-5308; e-mail: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: A 2005 Biological Opinion on the Gulf of
Mexico (Gulf) reef fish fishery concluded the fishery's continued
authorization is not likely to jeopardize the continued existence of
any species listed under the Endangered Species Act (ESA). The
Incidental Take Statement (ITS) anticipated takes of 85 loggerhead sea
turtles over a three-year period for the bottom longline portion of the
reef fish fishery and 203 loggerhead sea turtles for the entire
fishery. Take was also anticipated for other sea turtle species and
smalltooth sawfish.
Beginning in 2006, NMFS has required vessels participating in the
Gulf reef fish fishery to carry observers if selected to participate in
the observer program. Observer data is collected from reef fish vessels
as well as shark bottom longline vessels that also participate in the
reef fish fishery. Currently, the program covers one percent of the
fishery. From July 2006 through December 2007, observers documented 16
loggerhead sea turtles and 2 unidentified hardshell sea turtles
captured by longlines targeting reef fish in the eastern Gulf. Only 44
percent of captured sea turtles were released alive. Based on these
data and levels of effort from logbooks, NMFS estimated 902 hardshell
sea turtle takes occurred during the 18-month study period in the
eastern Gulf by reef fish bottom longline vessels.
According to the ESA, reinitiation of a consultation on the effect
a federal action has on listed species is necessary when ``the amount
or extent of taking specified in the ITS is exceeded.'' The 18-month
estimates from the NMFS study for bottom longlines in the eastern Gulf
exceed the anticipated takes for all gear in the entire Gulf for three
years. Accordingly, the Southeast Regional Office, Sustainable
Fisheries Division, requested reinitiation of consultation for the Gulf
reef fish fishery on September 3, 2008.
At its October 2008 meeting, the Council decided to initiate
regulatory action including measures to reduce the incidental take of
sea turtles by the bottom longline component of the reef fish fishery.
NMFS, in collaboration with the Council, will develop a DEIS to
evaluate alternatives to accomplish this reduction. Those alternatives
include, but are not limited to: a ``no action'' alternative;
alternatives to develop time/area closures; alternatives for gear or
bait modification; alternatives to expand the observer
[[Page 71606]]
program; and alternatives for effort limitation.
In accordance with NOAA's Administrative Order 216-6, Section
5.02(c), the Council has identified this preliminary range of
alternatives as a means to initiate discussion for scoping purposes
only. These preliminary issues may not represent the full range of
issues that eventually will be evaluated in the Environmental Impact
Statement.
The Council has scheduled the following scoping meetings to provide
the opportunity for additional public input:
1. Tuesday, December 9, 2008 Hilton Garden Inn, 1101 US Highway
231, Panama City, FL 32405, phone: 850-392-1093;
2. Wednesday, December 10, 2008 City of Madeira Beach, 300
Municipal Drive, Madeira Beach, FL 33708, phone: 727-391-9951.
Copies of the scoping document are available from the Council or
can be downloaded from the Council Web site (see ADDRESSES).
All scoping meetings will begin at 7 p.m. The meetings will be
physically accessible to people with disabilities. Requests for sign
language interpretation or other auxiliary aids should be directed to
the Council (see ADDRESSES).
Once the DEIS associated with the regulatory action is completed,
it will be filed with the Environmental Protection Agency (EPA). The
EPA will publish a notice of availability of the DEIS for public
comment in the Federal Register. The DEIS will have a 45-day comment
period. This procedure is pursuant to regulations issued by the Council
on Environmental Quality (CEQ) for implementing the procedural
provisions of the National Environmental Policy Act (NEPA; 40 CFR parts
1500-1508) and to NOAA's Administrative Order 216-6 regarding NOAA's
compliance with NEPA and the CEQ regulations.
NMFS will consider public comments received on the DEIS in
developing the final environmental impact statement (FEIS) and before
adopting final management measures for the action. NMFS will submit
both the final measures and the supporting FEIS to the Secretary of
Commerce (Secretary) for review as per the Magnuson-Stevens Fishery
Conservation and Management Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 20, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-28017 Filed 11-24-08; 8:45 am]
BILLING CODE 3510-22-S
