Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; Amendment 8 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hardbottom Habitats of the South Atlantic Region, 28880-28881 [2014-11622]
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28880
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Proposed Rules
received and is available for public
review. Within 60 days of receiving a
petition, NMFS must publish a finding
in the Federal Register as to whether
the petition presents substantial
information indicating that the
petitioned action may be warranted.
If NMFS makes a positive 60-day
finding, NMFS must promptly initiate a
review of the status of the affected
population stock of marine mammals.
No later than 210 days after receipt of
the petition, NMFS must publish a
proposed rule as to the status of the
species or stock, along with the reasons
underlying the proposed status
determination. Following a 60-day
minimum comment period on the
proposed rule, NMFS must publish a
final rule within 90 days of the close of
the comment period on the proposed
rule.
Petition on Sakhalin Bay-Amur River
Beluga Whales
rmajette on DSK2TPTVN1PROD with PROPOSALS
On April 23, 2014, NMFS received a
petition from the Animal Welfare
Institute, Whale and Dolphin
Conservation, Cetacean Society
International and Earth Island Institute
to ‘‘designate the Sakhalin Bay-Amur
River stock of beluga whales as depleted
under the MMPA.’’ The petition alleges
that the causes of the decline include
the following:
(1) Large-scale commercial hunting
from 1915–1963;
(2) Unsustainable removal quotas;
(3) Hunting permits;
(4) Incidental mortality from fishing
operations;
(5) Accidental drowning during livecapture operations;
(6) Vessel strikes; and
(7) Other anthropogenic threats.
In accordance with the MMPA, NMFS
announces the receipt of this petition,
and its availability for public review
(see ADDRESSES). NMFS also solicits
comments and information related to
the statements in the petition and
additional background on the status of
Sakhalin Bay-Amur River beluga
whales.
Dated: May 13, 2014.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2014–11540 Filed 5–19–14; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BD81
Fisheries of the Caribbean, Gulf of
Mexico and South Atlantic;
Amendment 8 to the Fishery
Management Plan for Coral, Coral
Reefs, and Live/Hardbottom Habitats
of the South Atlantic Region
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 Amendment 8 to the Fishery
Management Plan for Coral, Coral Reefs,
and Live/Hardbottom Habitats of the
South Atlantic Region (FMP)
(Amendment 8) for review approval,
and implementation by NMFS.
Amendment 8 proposes actions to
expand portions of the northern and
western boundaries of the Oculina Bank
habitat area of particular concern
(HAPC) (Oculina Bank HAPC) and allow
transit through the Oculina Bank HAPC
by fishing vessels with rock shrimp
onboard; modify vessel monitoring
systems (VMS) requirements for rock
shrimp fishermen transiting through the
Oculina Bank HAPC; expand a portion
of the western boundary of the Stetson
Reefs, Savannah and East Florida
Lithotherms, and Miami Terrace
Deepwater Coral HAPC (CHAPC)
(Stetson-Miami Terrace CHAPC),
including modifications to the shrimp
fishery access area 1; and expand a
portion of the northern boundary of the
Cape Lookout Lophelia Banks
Deepwater CHAPC (Cape Lookout
CHAPC).
SUMMARY:
Written comments must be
received on or before July 21, 2014.
ADDRESSES: You may submit comments,
identified by ‘‘NOAA–NMFS–2014–
0065’’, by any one of the following
methods:
• Electronic submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140065, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Karla Gore, Southeast Regional Office,
DATES:
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of Amendment 8
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov. Amendment 8
includes a draft environmental
assessment, a Regulatory Flexibility Act
analysis, a Regulatory Impact Review,
and a Fishery Impact Statement.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, telephone: 727–824–5305.
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, partial approval, or
disapproval. 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
Recent scientific exploration has
identified areas of high relief features
and hard bottom habitat outside the
boundaries of the existing HAPCs and
CHAPCs. During its 2011 October
meeting, the Council’s Coral Advisory
Panel (AP) (Coral AP) recommended the
Council revisit the boundaries of the
Oculina Bank HAPC, Stetson-Miami
Terrace CHAPC, and the Cape Lookout
CHAPC to incorporate areas of
additional deepwater coral habitat that
were previously uncharacterized. The
Council reviewed the Coral AP
recommendations for expansion of these
areas and associated VMS analyses of
rock shrimp fishing activity, and
approved the measures for public
scoping through Comprehensive
E:\FR\FM\20MYP1.SGM
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Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Proposed Rules
Ecosystem-Based Amendment 3. The
Council subsequently moved these
measures into Amendment 8. The
Council’s Coral, Habitat, Deepwater
Shrimp, and Law Enforcement APs
worked collectively to refine the Coral
AP recommendations and provided
input to the Council on expanding the
boundaries of the HAPC and CHAPCs
and establishing a transit provision in
the Oculina Bank HAPC.
The Council approved the
amendment during its September 2013
meeting and submitted Amendment 8 to
NMFS for agency review under
procedures of the Magnuson-Stevens
Act.
Management Measures Contained in
Amendment 8
Amendment 8 would expand the
boundaries of the Oculina Bank HAPC,
the Stetson-Miami Terrace CHAPC, and
the Cape Lookout CHAPC to protect
deepwater coral ecosystems. The
amendment would also allow transit
through the Oculina HAPC by fishing
vessels with rock shrimp onboard. In
addition, Amendment 8 would modify
the VMS requirements for rock shrimp
fishermen.
rmajette on DSK2TPTVN1PROD with PROPOSALS
Expansion of Oculina Bank HAPC
The Oculina Bank HAPC was first
established in 1984, with
implementation of the FMP (49 FR
29607, August 22, 1984). Within the
Oculina Bank HAPC, it is unlawful to
use a bottom longline, bottom trawl,
dredge, pot or trap, and if aboard a
fishing vessel, it is unlawful to anchor,
use an anchor and chain, or use a
grapple and chain. Additionally, it is
unlawful to fish for or possess rock
shrimp in or from the Oculina Bank
HAPC on board a fishing vessel.
Currently, the Oculina Bank HAPC is a
289-square mile (749-square km) area. If
implemented, Amendment 8 would
increase the size of the Oculina HAPC
by 405.42 square miles (1,050 square
km), for a total area of 694.42 square
miles (1,798.5 square km) and would
extend these prohibitions to the larger
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area (except for a limited transit
provision described below) and increase
the protection of coral.
Transit Provision Through Oculina
Bank
Amendment 8 proposes a transit
provision to allow fishing vessels with
rock shrimp onboard to transit the
Oculina Bank HAPC under limited
circumstances. To be considered to be
in transit, vessels would be required to
maintain a minimum speed of 5 knots,
maintain a VMS ping (signal) rate of 1
ping per 5 minutes, and a vessel’s gear
would be required to be appropriately
stowed (i.e., doors and nets would be
required to be out of water and onboard
the deck or below the deck of the
vessel). This transit provision would
allow rock shrimp fishermen with rock
shrimp onboard their vessel to access
additional fishing grounds in less time
using less fuel than if the fishermen
were required to travel around the
Oculina Bank HAPC.
Expansion of the Stetson-Miami Terrace
CHAPC and the Cape Lookout CHAPC
The Stetson-Miami Terrace CHAPC
and the Cape Lookout CHAPC were
established in 2010 through the
Comprehensive Ecosystem-Based
Amendment 1 to protect deepwater
coral ecosystems (75 FR 35330, June 22,
2010). Within the CHAPCs, including
the Stetson-Miami Terrace and Cape
Lookout CHAPCs, it is unlawful to use
a bottom longline, trawl (mid-water or
bottom), dredge, pot or trap, and if
aboard a fishing vessel, it is unlawful to
anchor, use an anchor and chain, or use
a grapple and chain. Additionally, it is
unlawful to fish for or possess coral in
or from the CHAPCs on board a fishing
vessel. Amendment 8 would increase
the size of the Stetson-Miami Terrace
CHAPC by 490 square mile (1,269
square km), for a total area of 24,018
square miles (62,206 square km), and
increase the size of the Cape Lookout
CHAPC by 10 square miles (26 square
km), for a total area of 326 square miles
PO 00000
Frm 00031
Fmt 4702
Sfmt 9990
28881
(844 square km), and would extend the
gear prohibitions to the larger area to
increase protection of deepwater coral
ecosystems. The expansion of the
Stetson-Miami Terrace CHAPC would
also provide royal red shrimp fishermen
a new zone adjacent to the existing
shrimp access area A (proposed to be
renamed in the rulemaking associated
with Amendment 8 to be shrimp access
area 1) within which they can haul back
fishing gear without drifting into an area
where their gear is prohibited. Thus,
this shrimp fishery access area would be
expanded to include the new haul-back
zone if this rule is implemented.
A proposed rule that would
implement measures outlined in
Amendment 8 has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating Amendment 8
to determine whether it is consistent
with the FMP, the Magnuson-Stevens
Act, and other applicable law. If the
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Consideration of Public Comments
The Councils submitted Amendment
8 for Secretarial review, approval, and
implementation. Comments received by
July 21, 2014, 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: May 15, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–11622 Filed 5–19–14; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\20MYP1.SGM
20MYP1
Agencies
[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Proposed Rules]
[Pages 28880-28881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11622]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BD81
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic;
Amendment 8 to the Fishery Management Plan for Coral, Coral Reefs, and
Live/Hardbottom Habitats of the South Atlantic Region
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 Amendment 8 to the Fishery Management Plan for Coral, Coral
Reefs, and Live/Hardbottom Habitats of the South Atlantic Region (FMP)
(Amendment 8) for review approval, and implementation by NMFS.
Amendment 8 proposes actions to expand portions of the northern and
western boundaries of the Oculina Bank habitat area of particular
concern (HAPC) (Oculina Bank HAPC) and allow transit through the
Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modify
vessel monitoring systems (VMS) requirements for rock shrimp fishermen
transiting through the Oculina Bank HAPC; expand a portion of the
western boundary of the Stetson Reefs, Savannah and East Florida
Lithotherms, and Miami Terrace Deepwater Coral HAPC (CHAPC) (Stetson-
Miami Terrace CHAPC), including modifications to the shrimp fishery
access area 1; and expand a portion of the northern boundary of the
Cape Lookout Lophelia Banks Deepwater CHAPC (Cape Lookout CHAPC).
DATES: Written comments must be received on or before July 21, 2014.
ADDRESSES: You may submit comments, identified by ``NOAA-NMFS-2014-
0065'', by any one of the following methods:
Electronic submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0065, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Karla Gore, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of Amendment 8 may be obtained from the Southeast
Regional Office Web site at https://sero.nmfs.noaa.gov. Amendment 8
includes a draft environmental assessment, a Regulatory Flexibility Act
analysis, a Regulatory Impact Review, and a Fishery Impact Statement.
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305.
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, partial approval, or
disapproval. 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
Recent scientific exploration has identified areas of high relief
features and hard bottom habitat outside the boundaries of the existing
HAPCs and CHAPCs. During its 2011 October meeting, the Council's Coral
Advisory Panel (AP) (Coral AP) recommended the Council revisit the
boundaries of the Oculina Bank HAPC, Stetson-Miami Terrace CHAPC, and
the Cape Lookout CHAPC to incorporate areas of additional deepwater
coral habitat that were previously uncharacterized. The Council
reviewed the Coral AP recommendations for expansion of these areas and
associated VMS analyses of rock shrimp fishing activity, and approved
the measures for public scoping through Comprehensive
[[Page 28881]]
Ecosystem-Based Amendment 3. The Council subsequently moved these
measures into Amendment 8. The Council's Coral, Habitat, Deepwater
Shrimp, and Law Enforcement APs worked collectively to refine the Coral
AP recommendations and provided input to the Council on expanding the
boundaries of the HAPC and CHAPCs and establishing a transit provision
in the Oculina Bank HAPC.
The Council approved the amendment during its September 2013
meeting and submitted Amendment 8 to NMFS for agency review under
procedures of the Magnuson-Stevens Act.
Management Measures Contained in Amendment 8
Amendment 8 would expand the boundaries of the Oculina Bank HAPC,
the Stetson-Miami Terrace CHAPC, and the Cape Lookout CHAPC to protect
deepwater coral ecosystems. The amendment would also allow transit
through the Oculina HAPC by fishing vessels with rock shrimp onboard.
In addition, Amendment 8 would modify the VMS requirements for rock
shrimp fishermen.
Expansion of Oculina Bank HAPC
The Oculina Bank HAPC was first established in 1984, with
implementation of the FMP (49 FR 29607, August 22, 1984). Within the
Oculina Bank HAPC, it is unlawful to use a bottom longline, bottom
trawl, dredge, pot or trap, and if aboard a fishing vessel, it is
unlawful to anchor, use an anchor and chain, or use a grapple and
chain. Additionally, it is unlawful to fish for or possess rock shrimp
in or from the Oculina Bank HAPC on board a fishing vessel. Currently,
the Oculina Bank HAPC is a 289-square mile (749-square km) area. If
implemented, Amendment 8 would increase the size of the Oculina HAPC by
405.42 square miles (1,050 square km), for a total area of 694.42
square miles (1,798.5 square km) and would extend these prohibitions to
the larger area (except for a limited transit provision described
below) and increase the protection of coral.
Transit Provision Through Oculina Bank
Amendment 8 proposes a transit provision to allow fishing vessels
with rock shrimp onboard to transit the Oculina Bank HAPC under limited
circumstances. To be considered to be in transit, vessels would be
required to maintain a minimum speed of 5 knots, maintain a VMS ping
(signal) rate of 1 ping per 5 minutes, and a vessel's gear would be
required to be appropriately stowed (i.e., doors and nets would be
required to be out of water and onboard the deck or below the deck of
the vessel). This transit provision would allow rock shrimp fishermen
with rock shrimp onboard their vessel to access additional fishing
grounds in less time using less fuel than if the fishermen were
required to travel around the Oculina Bank HAPC.
Expansion of the Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC
The Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC were
established in 2010 through the Comprehensive Ecosystem-Based Amendment
1 to protect deepwater coral ecosystems (75 FR 35330, June 22, 2010).
Within the CHAPCs, including the Stetson-Miami Terrace and Cape Lookout
CHAPCs, it is unlawful to use a bottom longline, trawl (mid-water or
bottom), dredge, pot or trap, and if aboard a fishing vessel, it is
unlawful to anchor, use an anchor and chain, or use a grapple and
chain. Additionally, it is unlawful to fish for or possess coral in or
from the CHAPCs on board a fishing vessel. Amendment 8 would increase
the size of the Stetson-Miami Terrace CHAPC by 490 square mile (1,269
square km), for a total area of 24,018 square miles (62,206 square km),
and increase the size of the Cape Lookout CHAPC by 10 square miles (26
square km), for a total area of 326 square miles (844 square km), and
would extend the gear prohibitions to the larger area to increase
protection of deepwater coral ecosystems. The expansion of the Stetson-
Miami Terrace CHAPC would also provide royal red shrimp fishermen a new
zone adjacent to the existing shrimp access area A (proposed to be
renamed in the rulemaking associated with Amendment 8 to be shrimp
access area 1) within which they can haul back fishing gear without
drifting into an area where their gear is prohibited. Thus, this shrimp
fishery access area would be expanded to include the new haul-back zone
if this rule is implemented.
A proposed rule that would implement measures outlined in Amendment
8 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS
is evaluating Amendment 8 to determine whether it is consistent with
the FMP, the Magnuson-Stevens Act, and other applicable law. If the
determination is affirmative, NMFS will publish the proposed rule in
the Federal Register for public review and comment.
Consideration of Public Comments
The Councils submitted Amendment 8 for Secretarial review,
approval, and implementation. Comments received by July 21, 2014,
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: May 15, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-11622 Filed 5-19-14; 8:45 am]
BILLING CODE 3510-22-P