Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 18, 60444-60446 [2011-25161]
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60444
Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules
we did have information on
contaminants occurring in individual
eels, this is not substantive information
on the effects of contaminants on the
overall American eel population.
Although the petitioner asserted
effects to the American eel from electromagnetic fields, acoustic disturbance,
and the harvest of seaweed for biofuel,
the petitioner did not provide any data
and we have no information in our files
to support the claims. Therefore, we
find the assertions to be speculative and
not a sufficient basis to conclude that
any of these may pose a significant
threat to the American eel.
jlentini on DSK4TPTVN1PROD with PROPOSALS
Summary of Factor E
We find that the information provided
in the petition, as well as other new
information in our files, presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted by
a causal link between oceanic changes
(increasing sea surface temperature with
a corresponding shift in spawning
location, decrease in food availability,
or shift in leptocephali transport by
currents, tied to global warming) and
decreasing glass eel recruitment. We
will further explore any current or
future population level impacts that
may result from climate change in our
new 12-month status review. However,
we find that the information provided in
the petition, as well as baseline and
other new information in our files, does
not present substantial scientific or
commercial information indicating that
the petitioned action may be warranted
due to hydropower impacts,
contaminants, electro-magnetic fields,
acoustic disturbance, or the harvest of
seaweed for biofuel. Information in our
files and in the petition does not present
new information to change the Service’s
previous conclusion in the 2007 12month finding that hydropower and
contaminants are not significant threats
to the American eel population. We
will, however, investigate any new
information regarding Factor E threats
that arises during the course of our new
12-month status review.
Finding
On the basis of our determination
under section 4(b)(3)(A) of the Act, we
determine that the petition presents
substantial scientific or commercial
information indicating that listing the
American eel throughout its entire range
may be warranted. This finding is based
on information provided under factor E
(changes in oceanic conditions due to
climate change). We determine that the
information provided under factors A
(habitat loss, degradation or curtailment
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of habitat or range), B (overutilization
for scientific, commercial, or
educational purposes), C (disease or
predation), D (inadequacy of existing
regulatory mechanisms), and E
(hydropower turbines, contaminants,
electro-magnetic fields, acoustic
disturbance, or seaweed harvesting) is
not substantial.
Because we have found that the
petition presents substantial
information indicating that listing the
American eel may be warranted, we are
initiating a status review to determine
whether listing the American eel under
the Act is warranted.
The ‘‘substantial information’’
standard for a 90-day finding differs
from the Act’s ‘‘best scientific and
commercial data’’ standard that applies
to a status review to determine whether
a petitioned action is warranted. A 90day finding does not constitute a status
review under the Act. In a 12-month
finding, we determine whether a
petitioned action is warranted after we
have completed a thorough status
review of the species, which is
conducted following a ‘‘substantial’’ 90day finding. Because the status review
may provide additional information,
and because the Act’s standards for 90day and 12-month findings are different,
as described above, a ‘‘substantial’’ 90day finding does not mean that the
status review will result in a
‘‘warranted’’ finding.
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the Northeast Regional Office (see
FOR FURTHER INFORMATION CONTACT).
Author
The primary authors of this notice are
the staff members of the Northeast
Regional Office.
Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: September 21, 2011.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011–25084 Filed 9–28–11; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BB33
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region;
Amendment 18
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 (Gulf) and South
Atlantic Fishery Management Councils
(Councils) have submitted Amendment
18 to the Fishery Management Plan for
the Coastal Migratory Pelagic Resources
in the Gulf of Mexico and Atlantic
Region (FMP) for review, approval, and
implementation by NMFS. The
amendment proposes actions to remove
species from the FMP; modify the
framework procedures; establish two
migratory groups for cobia; and
establish annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs) for king
mackerel, Spanish mackerel, and cobia.
In addition, Amendment 18 proposes to
set allocations and establish control
rules for Atlantic group cobia and revise
definitions for management thresholds
for Atlantic migratory groups.
DATES: Written comments must be
received on or before November 28,
2011.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2011–0223’’ by any of
the following methods:
• Electronic submissions: Submit
electronic comments via the Federal
e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Susan Gerhart, 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.
SUMMARY:
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, click on ‘‘submit a
comment,’’ then enter ‘‘NOAA–NMFS–
2011–0223’’ in the keyword search and
click on ‘‘search.’’ To view posted
comments during the comment period,
enter ‘‘NOAA–NMFS–2011–0223’’ 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.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, telephone: 727–824–
5305, or e-mail:
susan.gerhart@noaa.gov.
The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any fishery management plan 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 in the Federal Register
notifying the public that the plan or
amendment is available for review and
comment.
The FMP being revised by this
amendment was prepared by the
Councils and implemented through
regulations at 50 CFR parts 622 under
the authority of the Magnuson-Stevens
Act.
SUPPLEMENTARY INFORMATION:
jlentini on DSK4TPTVN1PROD with PROPOSALS
Background
The 2006 revisions to the MagnusonStevens Act require that by 2011, for
fisheries determined by the Secretary to
not be subject to overfishing, ACLs and
AMs must be established at a level that
prevents overfishing and helps to
achieve optimum yield (OY). 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. Guidance also requires
fishery management councils to
establish a control rule to determine
allowable biological catch (ABC).
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Currently two migratory groups of
king mackerel and Spanish mackerel are
established; the Gulf migratory group
and the Atlantic migratory group. The
Gulf Council determines management
measures for the Gulf migratory groups
and the South Atlantic Council
determines management measures for
the Atlantic migratory groups.
Management Measures Contained in
Amendment 18
Actions in Amendment 18 would
remove four species from the FMP;
modify the framework procedures;
establish two migratory groups for
cobia; and establish ACLs, ACTs, and
AMs for each migratory group of king
mackerel, Spanish mackerel, and cobia.
In addition, Amendment 18 would set
allocations and establish control rules
for Atlantic group cobia and revise
definitions for management thresholds
for Atlantic migratory groups.
Removal of Species From the FMP
Species currently in the FMP include
king mackerel, Spanish mackerel, cobia,
cero, little tunny, dolphin, and bluefish
(Gulf only). At present, only king
mackerel, Spanish mackerel, and cobia
have associated Federal regulatory text;
the other species are in the FMP for data
collection purposes only. Even though
dolphin are in the Coastal Migratory
Pelagic FMP, in the Atlantic they are
managed under a different FMP.
Amendment 18 proposes to remove
cero, little tunny, dolphin, and bluefish
from the Coastal Migratory Pelagic FMP.
The Councils and NMFS have
determined these species are not in
need of Federal management at this
time. If landings or effort change for any
of these species and the Councils
determine management at the Federal
level is needed, these species could be
added back into the FMP at a later date.
Cobia Migratory Groups
Although there is mixing of cobia
from the Gulf and the Atlantic, scientific
data indicate there are at least two
separate migratory groups in the Gulf
and Atlantic. Amendment 18 would
establish two migratory groups for cobia
with the boundary at the line of
demarcation between the Gulf exclusive
economic zone (EEZ) and the South
Atlantic EEZ. ACLs and AMs would be
established separately for each group by
the responsible Council.
ABCs, ACLs, and AMs
The Councils accepted ABC control
rules for Gulf migratory groups of king
mackerel, Spanish mackerel, and cobia,
and for the Atlantic migratory group of
cobia, based on the control rule
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60445
recommended by the Gulf Council’s
Scientific and Statistical Committee
(SSC). They accepted ABC control rules
for Atlantic migratory groups of king
mackerel and Spanish mackerel based
on the control rule recommended by the
South Atlantic Council’s SSC. For all
species, Amendment 18 proposes ACLs
equal to the ABC. For purposes of
tracking the ACL for king and Spanish
mackerel, landings will be evaluated
based on the commercial fishing year.
Recreational landings for all Atlantic
species will be evaluated based on a
moving multi-year average of landings,
as described in the FMP.
Gulf Migratory Group King Mackerel
For Gulf migratory group king
mackerel, Amendment 18 proposes
separate ACLs and AMs for the
commercial and recreational sectors
based on sector allocations. The
commercial sector would close by zone,
subzone, or gear type when the
commercial quota for the applicable
zone, subzone, or gear type is reached
or is projected to be reached. In
addition, current trip limit adjustments
would remain in place. For the
recreational sector, the NMFS Regional
Administrator would have the authority
to reduce the bag and possession limit
to zero if the recreational allocation
(recreational ACL) is reached or
projected to be reached.
Atlantic Migratory Group King Mackerel
For Atlantic migratory group king
mackerel, Amendment 18 proposes
separate ACLs for the commercial and
recreational sectors based on sector
allocations. Amendment 18 also
proposes a stock ACL and an ACT for
the recreational sector. The commercial
sector would close when the
commercial ACL is reached or projected
to be reached. For the recreational
sector, if the stock ACL is exceeded in
any year, the bag limit would be
reduced the next fishing year by the
amount necessary to ensure that
recreational landings may achieve the
recreational ACT, but do not exceed the
recreational ACL in the following
fishing year. A sector specific payback
would be assessed if Atlantic migratory
group king mackerel are determined to
be overfished and the stock ACL is
exceeded.
Gulf Migratory Group Spanish Mackerel
For Gulf migratory group Spanish
mackerel, Amendment 18 proposes
stock ACLs and AMs. Both the
commercial and recreational sectors
would close when the stock ACL is
reached or projected to be reached.
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules
Atlantic Migratory Group Spanish
Mackerel
For Atlantic migratory group Spanish
mackerel, Amendment 18 proposes
separate ACLs for the commercial and
recreational sectors based on sector
allocations. Amendment 18 also
proposes an ACT for the recreational
sector. The commercial sector would
close when the commercial quota is
reached or projected to be reached. In
addition, current trip limit adjustments
would remain in place. For the
recreational sector, if the stock ACL is
exceeded in any year, the bag limit
would be reduced the next fishing year
by the amount necessary to ensure
recreational landings may achieve the
recreational ACT, but do not exceed the
recreational ACL in the following
fishing year. A sector specific payback
would be assessed if the Atlantic
migratory group Spanish mackerel are
determined to be overfished and the
stock ACL is exceeded.
Gulf Migratory Group Cobia
For Gulf migratory group cobia,
Amendment 18 proposes stock ACLs
and AMs. A stock ACT is proposed that
is 90 percent of the ACL. Both the
commercial and recreational sectors
would close when the stock ACT is
reached or projected to be reached.
jlentini on DSK4TPTVN1PROD with PROPOSALS
Atlantic Migratory Group Cobia
For Atlantic migratory group cobia,
Amendment 18 proposes separate ACLs
for the commercial and recreational
sectors based on sector allocations.
Because sector allocations do not
currently exist for cobia, the amendment
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proposes an allocation of 8 percent of
the ACL for the commercial sector and
92 percent of the ACL for the
recreational sector, based on landings.
Amendment 18 also proposes an ACT
for the recreational sector.
The commercial sector would close
when the commercial ACL is reached or
projected to be reached. For the
recreational sector, if the stock ACL is
exceeded in any year, the fishing season
would be reduced the following year by
the amount necessary to ensure
recreational landings may achieve the
recreational ACT, but do not exceed the
recreational ACL in the following
fishing year. A sector specific payback
would be assessed if Atlantic migratory
group cobia are determined to be
overfished and the stock ACL is
exceeded.
Modify the Current Definitions for
Management Thresholds for South
Atlantic Migratory Groups
Amendment 18 would revise
definitions of maximum sustainable
yield, OY, minimum stock size
threshold and maximum fishing
mortality threshold for Atlantic
migratory group king mackerel, Spanish
mackerel, and cobia.
Modification of Generic Framework
Procedures
To facilitate timely adjustments to
harvest parameters and other
management measures, the Councils
have added the ability to adjust ACLs
and AMs, and establish and adjust target
catch levels, including ACTs, to the
current framework procedures. The
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proposed addition of other management
options into the framework procedures
would also add flexibility and the
ability to more timely respond to certain
future Council decisions through the
framework procedures.
Consideration of Public Comments
A proposed rule that would
implement measures outlined in
Amendment 18 has been received from
the Councils. In accordance with the
Magnuson-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.
Comments received by November 28,
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 23, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–25161 Filed 9–28–11; 8:45 am]
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]]>Agencies
[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Proposed Rules]
[Pages 60444-60446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25161]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BB33
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Amendment 18
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Gulf of Mexico (Gulf) and South
Atlantic Fishery Management Councils (Councils) have submitted
Amendment 18 to the Fishery Management Plan for the Coastal Migratory
Pelagic Resources in the Gulf of Mexico and Atlantic Region (FMP) for
review, approval, and implementation by NMFS. The amendment proposes
actions to remove species from the FMP; modify the framework
procedures; establish two migratory groups for cobia; and establish
annual catch limits (ACLs), annual catch targets (ACTs), and
accountability measures (AMs) for king mackerel, Spanish mackerel, and
cobia. In addition, Amendment 18 proposes to set allocations and
establish control rules for Atlantic group cobia and revise definitions
for management thresholds for Atlantic migratory groups.
DATES: Written comments must be received on or before November 28,
2011.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2011-0223'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Susan Gerhart, 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.
[[Page 60445]]
To submit comments through the Federal e-Rulemaking Portal: https://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0223'' in the keyword search and click on ``search.'' To view
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0223'' 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.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or e-mail: susan.gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any fishery management plan 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 in the Federal
Register notifying the public that the plan or amendment is available
for review and comment.
The FMP being revised by this amendment was prepared by the
Councils and implemented through regulations at 50 CFR parts 622 under
the authority of the Magnuson-Stevens Act.
Background
The 2006 revisions to the Magnuson-Stevens Act require that by
2011, for fisheries determined by the Secretary to not be subject to
overfishing, ACLs and AMs must be established at a level that prevents
overfishing and helps to achieve optimum yield (OY). 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. Guidance also requires fishery management councils to
establish a control rule to determine allowable biological catch (ABC).
Currently two migratory groups of king mackerel and Spanish
mackerel are established; the Gulf migratory group and the Atlantic
migratory group. The Gulf Council determines management measures for
the Gulf migratory groups and the South Atlantic Council determines
management measures for the Atlantic migratory groups.
Management Measures Contained in Amendment 18
Actions in Amendment 18 would remove four species from the FMP;
modify the framework procedures; establish two migratory groups for
cobia; and establish ACLs, ACTs, and AMs for each migratory group of
king mackerel, Spanish mackerel, and cobia. In addition, Amendment 18
would set allocations and establish control rules for Atlantic group
cobia and revise definitions for management thresholds for Atlantic
migratory groups.
Removal of Species From the FMP
Species currently in the FMP include king mackerel, Spanish
mackerel, cobia, cero, little tunny, dolphin, and bluefish (Gulf only).
At present, only king mackerel, Spanish mackerel, and cobia have
associated Federal regulatory text; the other species are in the FMP
for data collection purposes only. Even though dolphin are in the
Coastal Migratory Pelagic FMP, in the Atlantic they are managed under a
different FMP. Amendment 18 proposes to remove cero, little tunny,
dolphin, and bluefish from the Coastal Migratory Pelagic FMP. The
Councils and NMFS have determined these species are not in need of
Federal management at this time. If landings or effort change for any
of these species and the Councils determine management at the Federal
level is needed, these species could be added back into the FMP at a
later date.
Cobia Migratory Groups
Although there is mixing of cobia from the Gulf and the Atlantic,
scientific data indicate there are at least two separate migratory
groups in the Gulf and Atlantic. Amendment 18 would establish two
migratory groups for cobia with the boundary at the line of demarcation
between the Gulf exclusive economic zone (EEZ) and the South Atlantic
EEZ. ACLs and AMs would be established separately for each group by the
responsible Council.
ABCs, ACLs, and AMs
The Councils accepted ABC control rules for Gulf migratory groups
of king mackerel, Spanish mackerel, and cobia, and for the Atlantic
migratory group of cobia, based on the control rule recommended by the
Gulf Council's Scientific and Statistical Committee (SSC). They
accepted ABC control rules for Atlantic migratory groups of king
mackerel and Spanish mackerel based on the control rule recommended by
the South Atlantic Council's SSC. For all species, Amendment 18
proposes ACLs equal to the ABC. For purposes of tracking the ACL for
king and Spanish mackerel, landings will be evaluated based on the
commercial fishing year. Recreational landings for all Atlantic species
will be evaluated based on a moving multi-year average of landings, as
described in the FMP.
Gulf Migratory Group King Mackerel
For Gulf migratory group king mackerel, Amendment 18 proposes
separate ACLs and AMs for the commercial and recreational sectors based
on sector allocations. The commercial sector would close by zone,
subzone, or gear type when the commercial quota for the applicable
zone, subzone, or gear type is reached or is projected to be reached.
In addition, current trip limit adjustments would remain in place. For
the recreational sector, the NMFS Regional Administrator would have the
authority to reduce the bag and possession limit to zero if the
recreational allocation (recreational ACL) is reached or projected to
be reached.
Atlantic Migratory Group King Mackerel
For Atlantic migratory group king mackerel, Amendment 18 proposes
separate ACLs for the commercial and recreational sectors based on
sector allocations. Amendment 18 also proposes a stock ACL and an ACT
for the recreational sector. The commercial sector would close when the
commercial ACL is reached or projected to be reached. For the
recreational sector, if the stock ACL is exceeded in any year, the bag
limit would be reduced the next fishing year by the amount necessary to
ensure that recreational landings may achieve the recreational ACT, but
do not exceed the recreational ACL in the following fishing year. A
sector specific payback would be assessed if Atlantic migratory group
king mackerel are determined to be overfished and the stock ACL is
exceeded.
Gulf Migratory Group Spanish Mackerel
For Gulf migratory group Spanish mackerel, Amendment 18 proposes
stock ACLs and AMs. Both the commercial and recreational sectors would
close when the stock ACL is reached or projected to be reached.
[[Page 60446]]
Atlantic Migratory Group Spanish Mackerel
For Atlantic migratory group Spanish mackerel, Amendment 18
proposes separate ACLs for the commercial and recreational sectors
based on sector allocations. Amendment 18 also proposes an ACT for the
recreational sector. The commercial sector would close when the
commercial quota is reached or projected to be reached. In addition,
current trip limit adjustments would remain in place. For the
recreational sector, if the stock ACL is exceeded in any year, the bag
limit would be reduced the next fishing year by the amount necessary to
ensure recreational landings may achieve the recreational ACT, but do
not exceed the recreational ACL in the following fishing year. A sector
specific payback would be assessed if the Atlantic migratory group
Spanish mackerel are determined to be overfished and the stock ACL is
exceeded.
Gulf Migratory Group Cobia
For Gulf migratory group cobia, Amendment 18 proposes stock ACLs
and AMs. A stock ACT is proposed that is 90 percent of the ACL. Both
the commercial and recreational sectors would close when the stock ACT
is reached or projected to be reached.
Atlantic Migratory Group Cobia
For Atlantic migratory group cobia, Amendment 18 proposes separate
ACLs for the commercial and recreational sectors based on sector
allocations. Because sector allocations do not currently exist for
cobia, the amendment proposes an allocation of 8 percent of the ACL for
the commercial sector and 92 percent of the ACL for the recreational
sector, based on landings. Amendment 18 also proposes an ACT for the
recreational sector.
The commercial sector would close when the commercial ACL is
reached or projected to be reached. For the recreational sector, if the
stock ACL is exceeded in any year, the fishing season would be reduced
the following year by the amount necessary to ensure recreational
landings may achieve the recreational ACT, but do not exceed the
recreational ACL in the following fishing year. A sector specific
payback would be assessed if Atlantic migratory group cobia are
determined to be overfished and the stock ACL is exceeded.
Modify the Current Definitions for Management Thresholds for South
Atlantic Migratory Groups
Amendment 18 would revise definitions of maximum sustainable yield,
OY, minimum stock size threshold and maximum fishing mortality
threshold for Atlantic migratory group king mackerel, Spanish mackerel,
and cobia.
Modification of Generic Framework Procedures
To facilitate timely adjustments to harvest parameters and other
management measures, the Councils have added the ability to adjust ACLs
and AMs, and establish and adjust target catch levels, including ACTs,
to the current framework procedures. The proposed addition of other
management options into the framework procedures would also add
flexibility and the ability to more timely respond to certain future
Council decisions through the framework procedures.
Consideration of Public Comments
A proposed rule that would implement measures outlined in Amendment
18 has been received from the Councils. In accordance with the
Magnuson-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.
Comments received by November 28, 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 23, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-25161 Filed 9-28-11; 8:45 am]
BILLING CODE 3510-22-P
