Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; Comprehensive Ecosystem-Based Amendment 2, 59371-59373 [2011-24677]
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Proposed Rules
Flooding source(s)
Location of referenced elevation **
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet
above ground
∧ Elevation in meters
(MSL)
Effective
59371
Communities affected
Modified
# Depth in feet above ground.
∧ Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Poteau
Maps are available for inspection at 111 Peters Street, Poteau, OK 74953.
Town of Howe
Maps are available for inspection at 21781 West Main Street, Howe, OK 74940.
Town of Wister
Maps are available for inspection at 101 Caston Street, Wister, OK 74966.
Unincorporated Areas of Le Flore County
Maps are available for inspection at 100 South Broadway Street, Poteau, OK 74953.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: September 13, 2011.
Sandra K. Knight,
Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2011–24687 Filed 9–23–11; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BB26
Fisheries of the Caribbean, Gulf of
Mexico and South Atlantic;
Comprehensive Ecosystem-Based
Amendment 2
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The South Atlantic Fishery
Management Council (Council) has
submitted the Comprehensive
Ecosystem-Based Amendment (CE–BA
2) for review, approval, and
implementation by NMFS. Management
actions proposed in CE–BA 2 include
modification to the management of
octocorals in Federal waters as well as
removing the octocorals off Florida from
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SUMMARY:
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the octocoral fishery management unit
(FMU), and establishing an annual catch
limit (ACL) of zero for octocorals in the
revised FMU. In the Special
Management Zones (SMZs) off South
Carolina CE–BA 2 would limit the
harvest for snapper-grouper and coastal
migratory pelagic species to the
recreational bag limit. CE–BA 2 would
also modify sea turtle release gear
requirements for the snapper-grouper
fishery. Additionally, CE–BA 2 would
amend selected South Atlantic Council
Fishery Management Plans (FMPs) to
revise or designate new essential fish
habitat (EFH) and EFH–Habitat Areas of
Particular Concern (EFH–HAPCs).
DATES: Written comments must be
received no later than 5 p.m., eastern
time, on November 25, 2011.
ADDRESSES: You may submit comments,
identified by ‘‘NOAA–NMFS–2011–
0219’’, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Karla Gore, 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
PO 00000
Frm 00066
Fmt 4702
Sfmt 4702
Information or otherwise sensitive or
protected information.
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, click on ‘‘submit a
comment,’’ then enter ‘‘NOAA–NMFS–
2011–0219’’ in the keyword search and
click on ‘‘search’’. To view posted
comments during the comment period,
enter ‘‘NOAA–NMFS–2011–0219’’ in
the keyword search and click on
‘‘search’’. NMFS will accept anonymous
comments (enter N/A in the required
field if you wish to remain anonymous).
You may submit attachments to
electronic comments in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file
formats only.
Comments received through means
not specified in this notice will not be
accepted.
Electronic copies of the amendment
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, telephone: 727–824–5305;
fax: 727–824–5308; e-mail:
Karla.Gore@noaa.gov.
SUPPLEMENTARY INFORMATION: CE–BA 2
includes amendments to the following
South Atlantic FMPs: the FMP for Coral,
Coral reefs, and Live/Hard Bottom
Habitats of the South Atlantic Region
(Coral FMP); the FMP for Sargassum of
the South Atlantic Region (Sargassum
FMP); and the FMP for the SnapperGrouper Fishery of the South Atlantic
Region (Snapper-Grouper FMP), as
prepared and submitted by the Council.
CE–BA 2 also includes an amendment
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Proposed Rules
to include deep-water Marine Protected
Areas for snapper-grouper species,
designate deep-water Coral HAPCs as
EFH–HAPCs, and designate the top 33
ft (10 m) of the water column in the
South Atlantic EEZ bounded by the Gulf
Stream as EFH for pelagic Sargassum.
Background
Magnuson-Stevens Act requires that
for stocks determined by the Secretary
of Commerce to not be subject to
overfishing, ACLs must be specified in
2011. These ACLs shall be established at
a level that prevents overfishing from
occurring, and does not exceed the
fishing level recommendation of the
respective Council’s Scientific and
Statistical Committee or other
established peer review processes.
An ACL is the level of annual catch
of a stock or stock complex that is set
to prevent overfishing from occurring.
An ACL that is reached may serve as the
basis for triggering an accountability
measure (AM). National Standard 1
Guidelines of the Magnuson-Stevens
Act state that AMs may also be
implemented to ensure an ACL is not
exceeded. ACLs may incorporate
management and scientific uncertainty,
and take into account the amount of
data available and level of vulnerability
to overfishing for each species.
jlentini on DSK4TPTVN1PROD with PROPOSALS
to the FMP for the Coastal Migratory
Pelagic (CMP) Resources in the Atlantic
and Gulf of Mexico (CMP FMP), as
prepared and submitted by the Council
and the Gulf of Mexico Fishery
Management Council (Gulf Council).
The fisheries for CMP species; coral,
coral reefs, and live/hard bottom
habitats; and snapper-grouper off the
southern Atlantic states are managed
under their respective FMPs. The Coral,
Snapper-Grouper and Sargassum FMPs
were prepared by the Council. The CMP
FMP was jointly prepared by the
Council and the Gulf Council. All FMPs
are implemented under the authority of
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622. The MagnusonStevens Act also requires that NMFS,
upon receiving a plan or amendment,
publish an announcement in the
Federal Register notifying the public
that the plan or amendment is available
for review and comment.
Octocoral ACL
Management Measures Contained in
This Amendment
CE–BA 2 would modify the FMU for
octocorals in the South Atlantic
exclusive economic zone (EEZ),
establish an ACL of zero for octocorals,
limit harvest of snapper-grouper species
and CMP resources in the SMZs off
South Carolina to the recreational bag
limit, and modify sea turtle and small
tooth sawfish release gear specifications
based on the freeboard height of
commercial South Atlantic snappergrouper vessels. CE–BA 2 also proposes
to designate new EFH and EFH–HAPCs
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Octocoral FMU
CE–BA 2 would modify the FMU for
octocorals under the Coral FMP to only
include octocorals in the EEZ off North
Carolina, South Carolina, and Georgia.
Federal management of octocorals in the
EEZ off Florida would no longer be
included under the Coral FMP. Florida’s
Fish and Wildlife Conservation
Commission (FWC) is currently
responsible for the majority of the
management, implementation, and
enforcement of octocorals, because the
majority of octocoral harvest occurs in
Florida state waters. The FWC intends
to extend their management of
octocorals into the Federal waters off
Florida.
CE–BA 2 would specify an ACL of
zero for the octocorals remaining in the
Coral FMP for the EEZ off Georgia,
South Carolina and North Carolina.
Currently in the FMP there is a 50,000
colony quota for octocorals in the Gulf
of Mexico and South Atlantic region
and there is a prohibition to harvest
octocorals in the EEZ north of Florida.
SMZ Management off South Carolina
CE–BA 2 proposes management
measures to limit the harvest and
possession of South Atlantic snappergrouper species and CMP species (with
the use of all non-prohibited fishing
gear) in the SMZs off South Carolina to
the recreational bag limit. Current
Federal regulations prohibit the taking
snapper-grouper in the SMZs off South
Carolina with a powerhead, and this
amendment would also prohibit
fishermen from harvesting commercial
quantities of snapper-grouper and CMP
species in these SMZs. This action
would respond to concerns from the
recreational sector about the potential
for commercial exploitation of these
species in the SMZs off South Carolina.
SMZs were originally established to
enhance recreational fishing
opportunities off South Carolina.
Modifying the management of the SMZs
to restrict commercial fishing effort to
the bag limit for snapper-grouper and
CMP species would eliminate the
harvest of commercial quantities of
snapper-grouper and CMP species and
would ensure the original intent of the
SMZs is realized.
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Fmt 4702
Sfmt 4702
Sea Turtle and Smalltooth Sawfish
Release Gear Requirements
CE–BA 2 proposes modifications to
the sea turtle and smalltooth sawfish
release gear requirements. Fishermen
have expressed concern to the Council
that the current sea turtle handling and
release gear requirements are intended
for larger longline vessels using heavy
tackle and are ineffective and unwieldy
for smaller snapper-grouper hook-andline vessels. This measure would
modify the handling and release
requirements based on vessel freeboard
height. Fishermen would still be
required to comply with all current sea
turtle and smalltooth sawfish release
guidelines outlined in the NMFS
document entitled, ‘‘Careful Release
Protocols for Sea Turtle Release with
Minimal Injury,’’ however, the
specifications of the release gear would
be modified.
EFH and EFH–HAPCs
CE–BA 2 would also amend the South
Atlantic FMPs as needed to designate
new or modify existing EFH and EFH–
HAPCs. CE–BA 2 would amend the
Snapper-Grouper FMP to designate
deep-water MPAs as EFH–HAPCs.
These deep-water MPAs were
previously established through
Amendment 14 to the Snapper-Grouper
FMP and include the Snowy Grouper
Wreck MPA, Northern South Carolina
MPA, Edisto MPA, Charleston Deep
Artificial Reef MPA, Georgia MPA,
North Florida MPA, St. Lucie Hump
MPA, and East Hump MPA. The Coral
FMP would be amended to designate
deep-water coral HAPCs (CHAPCs) as
EFH–HAPCs. These CHAPCs were
established under the Comprehensive
Ecosystem-Based Amendment 1 and
include Cape Lookout Coral HAPC,
Cape Fear Coral HAPC, Blake Ridge
Diapir Coral HAPC, Stetson-Miami
´
Terrace Coral HAPC, and Pourtales
Terrace Coral HAPC. CE–BA 2 would
also designate EFH–HAPCs for blueline
and golden tilefish. To meet the
Magnuson-Stevens Act requirement that
all managed species have EFH
designated, CE–BA 2 would amend the
Sargassum FMP to designate the top 33
ft (10m) of the water column in the
South Atlantic EEZ bounded by the Gulf
Stream, as EFH for pelagic Sargassum.
Consideration of Public Comments
A proposed rule that would
implement measures outlined in the
CE–BA 2 has been received from the
Council. In accordance with the
Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to
determine whether it is consistent with
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Proposed Rules
the FMPs, 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.
Comments received by November 25,
2011, whether specifically directed to
the amendment or the proposed rule,
will be considered by NMFS in its
decision to approve, disapprove, or
partially approve the amendment.
Comments received after that date will
not be considered by NMFS in this
decision. All comments received by
NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–24677 Filed 9–23–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–AY22
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Generic
Annual Catch Limits/Accountability
Measures Amendment for the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
NMFS announces that the
Gulf of Mexico Fishery Management
Council (Council) has submitted a
Generic Annual Catch Limits/
Accountability Measures Amendment
(Generic ACL Amendment) to the
Fishery Management Plans (FMPs) for
Reef Fish Resources, Red Drum, Shrimp,
and Coral and Coral Reefs for the Gulf
of Mexico (Gulf) for review, approval,
and implementation by NMFS. The
amendment proposes actions to allow
management of selected species by other
Federal and/or state agencies; remove
species not currently in need of Federal
management from the FMPs; develop
species groups for management;
establish acceptable biological catch
(ABC) control rules; establish annual
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SUMMARY:
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catch limits (ACLs) and ACL control
rules; modify framework procedures;
and establish accountability measures
(AMs).
Written comments must be
received on or before November 25,
2011.
DATES:
You may submit comments
on the amendment identified by
NOAA–NMFS–2011–0143 by any of the
following methods:
• Electronic submissions: Submit
electronic comments via the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Rich Malinowski, 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.
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, click on ‘‘submit a
comment,’’ then enter ‘‘NOAA–NMFS–
2011–0143’’ in the keyword search and
click on ‘‘search.’’ To view posted
comments during the comment period,
enter ‘‘NOAA–NMFS–2011–0143’’ in
the keyword search and click on
‘‘search.’’ NMFS will accept anonymous
comments (enter N/A in the required
field if you wish to remain anonymous).
You may submit attachments to
electronic comments in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file
formats only.
Comments received through means
not specified in this rule will not be
considered.
Electronic copies of the amendment
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov.
ADDRESSES:
Rich
Malinowski, telephone: 727–824–5305,
or e-mail: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or amendment to
NMFS for review and approval,
disapproval, or partial approval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving a plan or
amendment, publish an announcement
FOR FURTHER INFORMATION CONTACT:
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59373
in the Federal Register notifying the
public that the plan or amendment is
available for review and comment.
The four FMPs being revised by this
Generic ACL Amendment were
prepared by the Council and
implemented through regulations at 50
CFR parts 622 under the authority of the
Magnuson-Stevens Act.
Background
The 2006 revisions to the MagnusonStevens Act require that, in 2011, for
fish stocks determined by the Secretary
to not be subject to overfishing, ACLs
must be established at a level that
prevents overfishing and helps to
achieve optimum yield (OY) within a
fishery. The Magnuson-Stevens Act
requires NMFS and regional fishery
management councils to prevent
overfishing and achieve, on a
continuing basis, the OY from federally
managed stocks. These mandates are
intended to ensure fishery resources are
managed for the greatest overall benefit
to the nation, particularly with respect
to providing food production and
recreational opportunities, and
protecting marine ecosystems.
Actions Contained in the Amendment
The Generic ACL Amendment
proposes to identify those fish stocks in
need of ACLs; identify stocks that do
not need Federal management and can
therefore be removed from their
respective FMPs; delegate management
of selected stocks to other management
agencies; and combine selected stocks
into species groupings for more effective
management. Additionally, the
amendment would establish the
necessary procedures for determining
and implementing ACLs and associated
management measures by creating an
ABC control rule, an ACL/annual catch
target (ACT) control rule, and
framework procedures for implementing
management changes in a timelier
manner. The Generic ACL Amendment
would establish ACLs, and optionally
ACTs, for fish stocks or stock groups.
The Generic ACL Amendment also
defines the apportionment for three
selected stocks across the jurisdictional
boundary between the Gulf Council and
the South Atlantic Fishery Management
Council (South Atlantic Council), and
allocates the harvest of black grouper
between the commercial and
recreational sectors within the reef fish
fishery in the Gulf. Finally, the Generic
ACL Amendment establishes AMs
intended to respond to and manage
future harvest should a stock or stock
groups ACL be exceeded.
E:\FR\FM\26SEP1.SGM
26SEP1
]]>Agencies
[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Proposed Rules]
[Pages 59371-59373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24677]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BB26
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic;
Comprehensive Ecosystem-Based Amendment 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (Council) has
submitted the Comprehensive Ecosystem-Based Amendment (CE-BA 2) for
review, approval, and implementation by NMFS. Management actions
proposed in CE-BA 2 include modification to the management of
octocorals in Federal waters as well as removing the octocorals off
Florida from the octocoral fishery management unit (FMU), and
establishing an annual catch limit (ACL) of zero for octocorals in the
revised FMU. In the Special Management Zones (SMZs) off South Carolina
CE-BA 2 would limit the harvest for snapper-grouper and coastal
migratory pelagic species to the recreational bag limit. CE-BA 2 would
also modify sea turtle release gear requirements for the snapper-
grouper fishery. Additionally, CE-BA 2 would amend selected South
Atlantic Council Fishery Management Plans (FMPs) to revise or designate
new essential fish habitat (EFH) and EFH-Habitat Areas of Particular
Concern (EFH-HAPCs).
DATES: Written comments must be received no later than 5 p.m., eastern
time, on November 25, 2011.
ADDRESSES: You may submit comments, identified by ``NOAA-NMFS-2011-
0219'', by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
Mail: Karla Gore, 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.
To submit comments through the Federal e-Rulemaking Portal: https://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0219'' in the keyword search and click on ``search''. To view
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0219'' in the keyword search and click on ``search''. NMFS will accept
anonymous comments (enter N/A in the required field if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Comments received through means not specified in this notice will
not be accepted.
Electronic copies of the amendment may be obtained from the
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305;
fax: 727-824-5308; e-mail: Karla.Gore@noaa.gov.
SUPPLEMENTARY INFORMATION: CE-BA 2 includes amendments to the following
South Atlantic FMPs: the FMP for Coral, Coral reefs, and Live/Hard
Bottom Habitats of the South Atlantic Region (Coral FMP); the FMP for
Sargassum of the South Atlantic Region (Sargassum FMP); and the FMP for
the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-
Grouper FMP), as prepared and submitted by the Council. CE-BA 2 also
includes an amendment
[[Page 59372]]
to the FMP for the Coastal Migratory Pelagic (CMP) Resources in the
Atlantic and Gulf of Mexico (CMP FMP), as prepared and submitted by the
Council and the Gulf of Mexico Fishery Management Council (Gulf
Council).
The fisheries for CMP species; coral, coral reefs, and live/hard
bottom habitats; and snapper-grouper off the southern Atlantic states
are managed under their respective FMPs. The Coral, Snapper-Grouper and
Sargassum FMPs were prepared by the Council. The CMP FMP was jointly
prepared by the Council and the Gulf Council. All FMPs are 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 also requires that NMFS, upon receiving a
plan or amendment, publish an announcement in the Federal Register
notifying the public that the plan or amendment is available for review
and comment.
Background
Magnuson-Stevens Act requires that for stocks determined by the
Secretary of Commerce to not be subject to overfishing, ACLs must be
specified in 2011. These ACLs shall be established at a level that
prevents overfishing from occurring, and does not exceed the fishing
level recommendation of the respective Council's Scientific and
Statistical Committee or other established peer review processes.
An ACL is the level of annual catch of a stock or stock complex
that is set to prevent overfishing from occurring. An ACL that is
reached may serve as the basis for triggering an accountability measure
(AM). National Standard 1 Guidelines of the Magnuson-Stevens Act state
that AMs may also be implemented to ensure an ACL is not exceeded. ACLs
may incorporate management and scientific uncertainty, and take into
account the amount of data available and level of vulnerability to
overfishing for each species.
Management Measures Contained in This Amendment
CE-BA 2 would modify the FMU for octocorals in the South Atlantic
exclusive economic zone (EEZ), establish an ACL of zero for octocorals,
limit harvest of snapper-grouper species and CMP resources in the SMZs
off South Carolina to the recreational bag limit, and modify sea turtle
and small tooth sawfish release gear specifications based on the
freeboard height of commercial South Atlantic snapper-grouper vessels.
CE-BA 2 also proposes to designate new EFH and EFH-HAPCs to include
deep-water Marine Protected Areas for snapper-grouper species,
designate deep-water Coral HAPCs as EFH-HAPCs, and designate the top 33
ft (10 m) of the water column in the South Atlantic EEZ bounded by the
Gulf Stream as EFH for pelagic Sargassum.
Octocoral FMU
CE-BA 2 would modify the FMU for octocorals under the Coral FMP to
only include octocorals in the EEZ off North Carolina, South Carolina,
and Georgia. Federal management of octocorals in the EEZ off Florida
would no longer be included under the Coral FMP. Florida's Fish and
Wildlife Conservation Commission (FWC) is currently responsible for the
majority of the management, implementation, and enforcement of
octocorals, because the majority of octocoral harvest occurs in Florida
state waters. The FWC intends to extend their management of octocorals
into the Federal waters off Florida.
Octocoral ACL
CE-BA 2 would specify an ACL of zero for the octocorals remaining
in the Coral FMP for the EEZ off Georgia, South Carolina and North
Carolina. Currently in the FMP there is a 50,000 colony quota for
octocorals in the Gulf of Mexico and South Atlantic region and there is
a prohibition to harvest octocorals in the EEZ north of Florida.
SMZ Management off South Carolina
CE-BA 2 proposes management measures to limit the harvest and
possession of South Atlantic snapper-grouper species and CMP species
(with the use of all non-prohibited fishing gear) in the SMZs off South
Carolina to the recreational bag limit. Current Federal regulations
prohibit the taking snapper-grouper in the SMZs off South Carolina with
a powerhead, and this amendment would also prohibit fishermen from
harvesting commercial quantities of snapper-grouper and CMP species in
these SMZs. This action would respond to concerns from the recreational
sector about the potential for commercial exploitation of these species
in the SMZs off South Carolina. SMZs were originally established to
enhance recreational fishing opportunities off South Carolina.
Modifying the management of the SMZs to restrict commercial fishing
effort to the bag limit for snapper-grouper and CMP species would
eliminate the harvest of commercial quantities of snapper-grouper and
CMP species and would ensure the original intent of the SMZs is
realized.
Sea Turtle and Smalltooth Sawfish Release Gear Requirements
CE-BA 2 proposes modifications to the sea turtle and smalltooth
sawfish release gear requirements. Fishermen have expressed concern to
the Council that the current sea turtle handling and release gear
requirements are intended for larger longline vessels using heavy
tackle and are ineffective and unwieldy for smaller snapper-grouper
hook-and-line vessels. This measure would modify the handling and
release requirements based on vessel freeboard height. Fishermen would
still be required to comply with all current sea turtle and smalltooth
sawfish release guidelines outlined in the NMFS document entitled,
``Careful Release Protocols for Sea Turtle Release with Minimal
Injury,'' however, the specifications of the release gear would be
modified.
EFH and EFH-HAPCs
CE-BA 2 would also amend the South Atlantic FMPs as needed to
designate new or modify existing EFH and EFH-HAPCs. CE-BA 2 would amend
the Snapper-Grouper FMP to designate deep-water MPAs as EFH-HAPCs.
These deep-water MPAs were previously established through Amendment 14
to the Snapper-Grouper FMP and include the Snowy Grouper Wreck MPA,
Northern South Carolina MPA, Edisto MPA, Charleston Deep Artificial
Reef MPA, Georgia MPA, North Florida MPA, St. Lucie Hump MPA, and East
Hump MPA. The Coral FMP would be amended to designate deep-water coral
HAPCs (CHAPCs) as EFH-HAPCs. These CHAPCs were established under the
Comprehensive Ecosystem-Based Amendment 1 and include Cape Lookout
Coral HAPC, Cape Fear Coral HAPC, Blake Ridge Diapir Coral HAPC,
Stetson-Miami Terrace Coral HAPC, and Pourtal[eacute]s Terrace Coral
HAPC. CE-BA 2 would also designate EFH-HAPCs for blueline and golden
tilefish. To meet the Magnuson-Stevens Act requirement that all managed
species have EFH designated, CE-BA 2 would amend the Sargassum FMP to
designate the top 33 ft (10m) of the water column in the South Atlantic
EEZ bounded by the Gulf Stream, as EFH for pelagic Sargassum.
Consideration of Public Comments
A proposed rule that would implement measures outlined in the CE-BA
2 has been received from the Council. In accordance with the Magnuson-
Stevens Act, NMFS is evaluating the proposed rule to determine whether
it is consistent with
[[Page 59373]]
the FMPs, 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.
Comments received by November 25, 2011, whether specifically
directed to the amendment or the proposed rule, will be considered by
NMFS in its decision to approve, disapprove, or partially approve the
amendment. Comments received after that date will not be considered by
NMFS in this decision. All comments received by NMFS on the amendment
or the proposed rule during their respective comment periods will be
addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-24677 Filed 9-23-11; 8:45 am]
BILLING CODE 3510-22-P
