Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands, 17818-17819 [E9-8888]
Download as PDF
17818
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–AX82
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Amendment 2 to the Fishery
Management Plan for the Queen Conch
Fishery of Puerto Rico and the U.S.
Virgin Islands and Amendment 5 to the
Reef Fish Fishery Management Plan of
Puerto Rico and the U.S. Virgin Islands
mstockstill on PROD1PC66 with NOTICES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to prepare a
draft environmental impact statement
(DEIS); scoping meetings; request for
comments.
SUMMARY: The Caribbean Fishery
Management Council (Council) and
NMFS intend to prepare a DEIS to
describe and analyze management
alternatives to be included in an
amendment to the Fishery Management
Plan (FMP) for the Queen Conch Fishery
of Puerto Rico and the U.S. Virgin
Islands and the FMP for the Reef Fish
Fishery of Puerto Rico and the U.S.
Virgin Islands. These alternatives will
consider measures to implement annual
catch limits (ACLs), accountability
measures (AMs), permits, and
recordkeeping and reporting
requirements. The purpose of this notice
of intent 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 the Council by May
18, 2009. A series of scoping meetings
will be held in April 2009. See
SUPPLEMENTARY INFORMATION below for
the specific dates, times, and locations
of the scoping meetings.
ADDRESSES: Written comments on the
scope of the DEIS and requests for
additional information on the
amendments should be sent to NMFS,
263 13th Avenue South, Saint
Petersburg, Florida 33701; telephone
727–824–5350; fax 727–825–5308; or to
the Caribbean Fishery Management
˜
Council, 268 Munoz Rivera Avenue,
Suite 1108, San Juan, Puerto Rico
00918; telephone 787–766–5927; fax
787–766–6239. Comments may also be
sent by e-mail to Jason.Rueter@noaa.gov
or Graciela.Garcia-Moliner@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Jason Rueter, phone 727–824–5305; fax
727–824–5308; email
VerDate Nov<24>2008
16:13 Apr 16, 2009
Jkt 217001
Jason.Rueter@noaa.gov; or Graciela
Garcia-Moliner, phone 787–766–5927;
fax 787–766–6239; e-mail
Graciela.Garcia-Moliner@noaa.gov.
SUPPLEMENTARY INFORMATION: On
January 12, 2007, Congress amended the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) with passage of the MagnusonStevens Fishery Conservation and
Management Reauthorization Act
(MSRA). While maintaining the
requirement that ‘‘conservation and
management measures shall prevent
overfishing while achieving, on a
continuing basis, the optimum yield
from each fishery for the United States
fishing industry,’’ the MSRA added new
requirements to end and prevent
overfishing. The new requirement is the
use of ACLs, including ‘‘measures to
ensure accountability.’’
Specifically, the MSRA requires that
FMPs ‘‘establish a mechanism for
specifying annual catch limits in the
plan (including a multiyear plan),
implementing regulations, or annual
specifications, at a level such that
overfishing does not occur in the
fishery, including measures to ensure
accountability’’ (MSRA Section
303(a)(15)). Further, the MSRA requires
such measures be implemented by 2010
for fisheries determined by the Secretary
of Commerce (Secretary) to be subject to
overfishing and by 2011 for all other
fisheries.
Currently, there are five species or
species groups undergoing overfishing
in the U.S. Caribbean. These groups are:
Queen Conch (Strombus gigas),
Parrotfish, Grouper Unit 1 (Nassau
grouper), Grouper Unit 4 (tiger,
yellowfin, red, misty, and yellowedge
grouper), and Snapper Unit 1 (black,
blackfin, silk, and vermilion snapper).
These determinations were made during
development of the Council’s
Sustainable Fisheries Act Amendment
(SFA), as no stock assessments had yet
been able to determine stock status in
the U.S. Caribbean. These
determinations were based on the
informed judgment of those involved in
the SFA working group, which included
Federal, state, and local managers,
scientists, and constituents.
In an effort to set ACLs for these
species and species groups, the Council,
based on advice from its Scientific and
Statistical Committee (SSC), convened a
Technical Monitoring and Compliance
Team (TMCT), whose task was to
identify available data in the U.S.
Caribbean and to recommend the
appropriate data set to a second group,
the Annual Catch Limit Group (ACLG).
The ACLG, which was similar to the
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
SFA working group, consisted of
Federal, state, and local managers,
scientists, and constituents. The ACLG
was tasked to analyze the available data
and make recommendations for required
provisions of the National Standard 1
(NS1) Guidelines to the SSC.
Concurrent with the work of these
groups, the Southeast Data, Assessment,
and Review (SEDAR) process convened
to evaluate all available data in the U.S.
Caribbean in support of ACL
development. The SEDAR findings,
along with those of the ACLG were
presented to the SSC for development of
overfishing limits (OFL) and allowable
biological catch (ABC) limits, as
required by the NS1 guidelines (74 FR
3178). The SSC accepted eight scenarios
for evaluation of available data
developed by the ACLG. Each species or
species group was examined via the
scenario process and appropriate
scientific advice was provided based on
the outcome of the scenario. For the
species and species groups listed above,
the SSC determined no OFL or ABC
could be provided. Therefore, the SSC
could not refute the catch level
recommendations of the ACLG which
were derived from average annual
landings in recent years (NOTE: use of
the appropriate ‘‘recent years’’ was
based on a case-by-case basis for each of
the species and species groups).
In addition to providing advice on the
provisions of the NS1 guidelines, the
ACLG and SEDAR groups recommended
modifications to stock complexes within
the Council’s fishery management units.
These recommendations were
developed based on the empirical
landings data, biological characteristics
of the species involved, and discussion
with fishermen. The SSC agreed with
these recommendations and also
developed their own recommendation
to divide the Parrotfish group into two
separate units. Specific reorganization
recommendations will be evaluated in
the management alternatives section.
The Council will develop a DEIS to
describe and analyze management
alternatives to implement ACLs, AMs,
permits, and recordkeeping and
reporting requirements. The amendment
will provide updates to the best
available scientific information
regarding the species and species groups
listed, and based on the information, the
Councils will determine what actions
and alternatives are necessary to meet
the statutory requirements for these
stocks by 2010. Those alternatives may
include, but are not limited to: a ‘‘no
action’’ alternative regarding the fishery;
alternatives to implement ACLs based
on varying approaches; alternatives to
establish a permitting system; and
E:\FR\FM\17APN1.SGM
17APN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices
alternatives to establish new
recordkeeping and reporting
requirements.
In accordance with NOAA’s
Administrative Order NAO 216–6,
Section 5.02(c), the Council and NMFS
have identified this preliminary range of
alternatives as a means to initiate
discussion for scoping purposes only.
This may not represent the full range of
alternatives that eventually will be
evaluated by the Council and NMFS.
Once the Council and NMFS
complete the DEIS associated with the
Amendments to the FMP for the Queen
Conch Fishery of Puerto Rico and the
U.S. Virgin Islands and the FMP for the
Reef Fish Fishery of Puerto Rico and the
U.S. Virgin Islands, it must be approved
by a majority of the voting members,
present and voting, of the Council. After
the Council approves this document, the
DEIS and associated amendments will
be submitted to NMFS for filing 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.
The Council and 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 amendment. The Council will
submit both the final joint amendment
and the supporting FEIS to NMFS for
review by the Secretary under the MSA.
NMFS will announce, through a
notice published in the Federal
Register, the availability of the final
joint amendment for public review
during the Secretarial review period.
During Secretarial review, NMFS will
also file the FEIS with the EPA for a
final 30-day public comment period.
This comment period will be concurrent
with the Secretarial review period and
will end prior to final agency action to
approve, disapprove, or partially
approve the final joint amendment.
NMFS will announce, through a
notice published in the Federal
Register, all public comment periods on
the final joint amendment, its proposed
implementing regulations, and its
associated FEIS. NMFS will consider all
public comments received during the
Secretarial review period, whether they
are on the final amendment, the
VerDate Nov<24>2008
16:13 Apr 16, 2009
Jkt 217001
proposed regulations, or the FEIS, prior
to final agency action.
Scoping Meeting Dates, Times, and
Locations
All scoping meetings are scheduled to
be held from 7 p.m. to 10 p.m. The
meetings will be physically accessible to
people with disabilities. Request for
sign language interpretation or other
auxiliary aids should be directed to the
Council (see ADDRESSES).
April 27–Doubletree by Hilton San
Juan, De Diego Avenue, San Juan,
Puerto Rico.
April 28–Holiday Inn and Tropical
Casino Ponce, 3315 Ponce By Pass,
Ponce, Puerto Rico.
April 29–Salon B, Centro de Usos
Multiples, Doctor Lopez and Celis
Aguilera Street, Fajardo, Puerto Rico.
May 4–Mayaguez Resort and Casino,
Road 104, Km. 0.3, Mayaguez, Puerto
Rico.
May 6–Community Center,
Frenchtown, St. Thomas, U.S. Virgin
Islands.
May 7–The Florence Williams Public
Library, 1122 King Street, Christiansted,
St. Croix, U.S. Virgin Islands.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 10, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–8888 Filed 4–16–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Notice of Inventions Available for
Licensing
AGENCY: National Institute of Standards
and Technology, Commerce.
ACTION: Notice of inventions available
for licensing.
SUMMARY: The inventions listed below
are owned in whole or in part by the
U.S. Government, as represented by the
Secretary of Commerce. The U.S.
Government’s interest in these
inventions is available for licensing in
accordance with 35 U.S.C. 207 and 37
CFR part 404 to achieve expeditious
commercialization of results of federally
funded research and development.
FOR FURTHER INFORMATION CONTACT:
Technical and licensing information on
these inventions may be obtained by
writing to: National Institute of
Standards and Technology, Office of
Technology Partnerships, Attn: Mary
Clague, Building 222, Room A240,
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
17819
Gaithersburg, MD 20899. Information is
also available via telephone: 301–975–
4188, fax 301–975–3482, or e-mail:
mary.clague@nist.gov. Any request for
information should include the NIST
Docket number and title for the
invention as indicated below.
SUPPLEMENTARY INFORMATION: NIST may
enter into a Cooperative Research and
Development Agreement (‘‘CRADA’’)
with the licensee to perform further
research on the invention for purposes
of commercialization. The inventions
available for licensing are:
[NIST Docket Number: 06–003]
Title: Zeroeth Order Imaging.
Abstract: The invention provides a
method of imaging critical dimensions
by measuring the zeroeth order of
diffracted light. The method involves
providing a target, directing light onto
the target so as to cause the target to
diffract the light. The zeroeth order of
the diffracted light is collected and
analyzed to determine structural
features of the target. The target can be
an article of manufacture, such as a
semiconductor device, or a separate
target that is provided or fabricated on
an article of manufacture. One of at least
the wavelength and the angle at which
the light is directed onto the target can
be scanned. The target can fill all or
only a portion of the field of view.
[NIST Docket Number: 08–013]
Title: The Microfluidic Palette:
Generation of Multiple Chemical
Gradients Within a Microfluidic
Chamber.
Abstract: This invention is jointly
owned with KT Consulting, Inc. The
invention is a microfluidic device,
capable of generating multiple spatial
chemical gradients simultaneously
inside a microfluidic chamber. The
chemical gradients are generated by
diffusion, without convection, and can
either be maintained constant over long
time periods, or modified dynamically.
A representative device is described
with a circular chamber in which
diffusion occurs, with three access ports
for the delivery and removal of solutes.
A gradient typically forms in minutes,
and can be maintained constant
indefinitely. The device can also be
used to evaluate chemotactic responses
of bacteria or other microorganisms in
the absence of convective flow.
[NIST Docket Number: 08–033]
Title: A New Technique for
Combinational Circuit Optimization and
a New Circuit for the S-box of AES.
Abstract: This invention is jointly
owned with the University of Southern
Denmark. The invention provides a new
E:\FR\FM\17APN1.SGM
17APN1
Agencies
[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17818-17819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8888]
[[Page 17818]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-AX82
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery
of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to the Reef
Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare a draft environmental impact
statement (DEIS); scoping meetings; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Caribbean Fishery Management Council (Council) and NMFS
intend to prepare a DEIS to describe and analyze management
alternatives to be included in an amendment to the Fishery Management
Plan (FMP) for the Queen Conch Fishery of Puerto Rico and the U.S.
Virgin Islands and the FMP for the Reef Fish Fishery of Puerto Rico and
the U.S. Virgin Islands. These alternatives will consider measures to
implement annual catch limits (ACLs), accountability measures (AMs),
permits, and recordkeeping and reporting requirements. The purpose of
this notice of intent 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 the Council by May 18, 2009. A series of
scoping meetings will be held in April 2009. See SUPPLEMENTARY
INFORMATION below for the specific dates, times, and locations of the
scoping meetings.
ADDRESSES: Written comments on the scope of the DEIS and requests for
additional information on the amendments should be sent to NMFS, 263
13th Avenue South, Saint Petersburg, Florida 33701; telephone 727-824-
5350; fax 727-825-5308; or to the Caribbean Fishery Management Council,
268 Mu[ntilde]oz Rivera Avenue, Suite 1108, San Juan, Puerto Rico
00918; telephone 787-766-5927; fax 787-766-6239. Comments may also be
sent by e-mail to Jason.Rueter@noaa.gov or Graciela.Garcia-Moliner@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Jason Rueter, phone 727-824-5305; fax
727-824-5308; email Jason.Rueter@noaa.gov; or Graciela Garcia-Moliner,
phone 787-766-5927; fax 787-766-6239; e-mail Graciela.Garcia-Moliner@noaa.gov.
SUPPLEMENTARY INFORMATION: On January 12, 2007, Congress amended the
Magnuson-Stevens Fishery Conservation and Management Act (MSA) with
passage of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act (MSRA). While maintaining the requirement that
``conservation and management measures shall prevent overfishing while
achieving, on a continuing basis, the optimum yield from each fishery
for the United States fishing industry,'' the MSRA added new
requirements to end and prevent overfishing. The new requirement is the
use of ACLs, including ``measures to ensure accountability.''
Specifically, the MSRA requires that FMPs ``establish a mechanism
for specifying annual catch limits in the plan (including a multiyear
plan), implementing regulations, or annual specifications, at a level
such that overfishing does not occur in the fishery, including measures
to ensure accountability'' (MSRA Section 303(a)(15)). Further, the MSRA
requires such measures be implemented by 2010 for fisheries determined
by the Secretary of Commerce (Secretary) to be subject to overfishing
and by 2011 for all other fisheries.
Currently, there are five species or species groups undergoing
overfishing in the U.S. Caribbean. These groups are: Queen Conch
(Strombus gigas), Parrotfish, Grouper Unit 1 (Nassau grouper), Grouper
Unit 4 (tiger, yellowfin, red, misty, and yellowedge grouper), and
Snapper Unit 1 (black, blackfin, silk, and vermilion snapper). These
determinations were made during development of the Council's
Sustainable Fisheries Act Amendment (SFA), as no stock assessments had
yet been able to determine stock status in the U.S. Caribbean. These
determinations were based on the informed judgment of those involved in
the SFA working group, which included Federal, state, and local
managers, scientists, and constituents.
In an effort to set ACLs for these species and species groups, the
Council, based on advice from its Scientific and Statistical Committee
(SSC), convened a Technical Monitoring and Compliance Team (TMCT),
whose task was to identify available data in the U.S. Caribbean and to
recommend the appropriate data set to a second group, the Annual Catch
Limit Group (ACLG). The ACLG, which was similar to the SFA working
group, consisted of Federal, state, and local managers, scientists, and
constituents. The ACLG was tasked to analyze the available data and
make recommendations for required provisions of the National Standard 1
(NS1) Guidelines to the SSC.
Concurrent with the work of these groups, the Southeast Data,
Assessment, and Review (SEDAR) process convened to evaluate all
available data in the U.S. Caribbean in support of ACL development. The
SEDAR findings, along with those of the ACLG were presented to the SSC
for development of overfishing limits (OFL) and allowable biological
catch (ABC) limits, as required by the NS1 guidelines (74 FR 3178). The
SSC accepted eight scenarios for evaluation of available data developed
by the ACLG. Each species or species group was examined via the
scenario process and appropriate scientific advice was provided based
on the outcome of the scenario. For the species and species groups
listed above, the SSC determined no OFL or ABC could be provided.
Therefore, the SSC could not refute the catch level recommendations of
the ACLG which were derived from average annual landings in recent
years (NOTE: use of the appropriate ``recent years'' was based on a
case-by-case basis for each of the species and species groups).
In addition to providing advice on the provisions of the NS1
guidelines, the ACLG and SEDAR groups recommended modifications to
stock complexes within the Council's fishery management units. These
recommendations were developed based on the empirical landings data,
biological characteristics of the species involved, and discussion with
fishermen. The SSC agreed with these recommendations and also developed
their own recommendation to divide the Parrotfish group into two
separate units. Specific reorganization recommendations will be
evaluated in the management alternatives section.
The Council will develop a DEIS to describe and analyze management
alternatives to implement ACLs, AMs, permits, and recordkeeping and
reporting requirements. The amendment will provide updates to the best
available scientific information regarding the species and species
groups listed, and based on the information, the Councils will
determine what actions and alternatives are necessary to meet the
statutory requirements for these stocks by 2010. Those alternatives may
include, but are not limited to: a ``no action'' alternative regarding
the fishery; alternatives to implement ACLs based on varying
approaches; alternatives to establish a permitting system; and
[[Page 17819]]
alternatives to establish new recordkeeping and reporting requirements.
In accordance with NOAA's Administrative Order NAO 216-6, Section
5.02(c), the Council and NMFS have identified this preliminary range of
alternatives as a means to initiate discussion for scoping purposes
only. This may not represent the full range of alternatives that
eventually will be evaluated by the Council and NMFS.
Once the Council and NMFS complete the DEIS associated with the
Amendments to the FMP for the Queen Conch Fishery of Puerto Rico and
the U.S. Virgin Islands and the FMP for the Reef Fish Fishery of Puerto
Rico and the U.S. Virgin Islands, it must be approved by a majority of
the voting members, present and voting, of the Council. After the
Council approves this document, the DEIS and associated amendments will
be submitted to NMFS for filing 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.
The Council and 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 amendment. The
Council will submit both the final joint amendment and the supporting
FEIS to NMFS for review by the Secretary under the MSA.
NMFS will announce, through a notice published in the Federal
Register, the availability of the final joint amendment for public
review during the Secretarial review period. During Secretarial review,
NMFS will also file the FEIS with the EPA for a final 30-day public
comment period. This comment period will be concurrent with the
Secretarial review period and will end prior to final agency action to
approve, disapprove, or partially approve the final joint amendment.
NMFS will announce, through a notice published in the Federal
Register, all public comment periods on the final joint amendment, its
proposed implementing regulations, and its associated FEIS. NMFS will
consider all public comments received during the Secretarial review
period, whether they are on the final amendment, the proposed
regulations, or the FEIS, prior to final agency action.
Scoping Meeting Dates, Times, and Locations
All scoping meetings are scheduled to be held from 7 p.m. to 10
p.m. The meetings will be physically accessible to people with
disabilities. Request for sign language interpretation or other
auxiliary aids should be directed to the Council (see ADDRESSES).
April 27-Doubletree by Hilton San Juan, De Diego Avenue, San Juan,
Puerto Rico.
April 28-Holiday Inn and Tropical Casino Ponce, 3315 Ponce By Pass,
Ponce, Puerto Rico.
April 29-Salon B, Centro de Usos Multiples, Doctor Lopez and Celis
Aguilera Street, Fajardo, Puerto Rico.
May 4-Mayaguez Resort and Casino, Road 104, Km. 0.3, Mayaguez,
Puerto Rico.
May 6-Community Center, Frenchtown, St. Thomas, U.S. Virgin
Islands.
May 7-The Florence Williams Public Library, 1122 King Street,
Christiansted, St. Croix, U.S. Virgin Islands.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 10, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-8888 Filed 4-16-09; 8:45 am]
BILLING CODE 3510-22-S