Department of Commerce March 16, 2012 – Federal Register Recent Federal Regulation Documents

This fishery management plan (FMP) amendment addresses Atlantic highly migratory species (HMS) fishery management measures in the U.S. Caribbean Region. There are substantial differences between some segments of the HMS fisheries in the Caribbean Region and the HMS fisheries that occur off the mainland of the United States, including: Limited fishing permit and dealer permit possession; smaller vessels; limited availability of processing and cold storage facilities; shorter trips; limited profit margins; and high local consumption of catches. These differences can sometimes create an awkward fit between current Federal HMS fishery regulations applicable to the whole Atlantic HMS fishery and the traditional operation of Caribbean fisheries, which has led to fewer Caribbean Region fishermen and vessels obtaining required permits and reporting data needed for effective fisheries management. NMFS is proposing management measures that would amend the HMS fishery management regulations for the U.S. Caribbean Region to better correspond with the traditional operation of the fishing fleet in the region and to provide NMFS with an improved capability to monitor and sustainably manage those fisheries. With this amendment, NMFS proposes to create an HMS Caribbean Small Boat Commercial Permit (CSBP) allowing fishing for and sales of bigeye, albacore, yellowfin, and skipjack (BAYS) tunas, Atlantic swordfish, and Atlantic sharks within local Caribbean markets. The proposed CSBP management measures include specific authorized species and retention limits, modification of reporting requirements, authorization of specific gears, vessel size restrictions, and consideration of mandatory workshop training. Additionally, NMFS proposes to stipulate that the CSBP could not be held in combination with any other HMS permit. This proposed rule modifies regulatory text that is also proposed to be amended by the HMS Electronic Dealer Reporting System (E-dealer) rulemaking (RIN 0648-BA75). The proposed language included in the HMS E-dealer rulemaking is being utilized in the proposed rule for this action.

NMFS has received an application from the Sonoma County Water Agency (SCWA) for an Incidental Harassment Authorization (IHA) to take marine mammals incidental to Russian River estuary management activities. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to SCWA to take, by Level B Harassment only, several species of marine mammals during the specified activity.

NMFS issues this final rule to implement the Comprehensive Annual Catch Limit Amendment (Comprehensive ACL Amendment) to the Fishery Management Plans (FMPs) for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), the Golden Crab Fishery of the South Atlantic Region (Golden Crab FMP), the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo FMP), and the Pelagic Sargassum Habitat of the South Atlantic Region (Sargassum FMP) as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule specifies annual catch limits (ACLs) and accountability measures (AMs) for species in the Snapper-Grouper, Dolphin and Wahoo, and Golden Crab FMPs. This final rule also describes the current terminology and measures in place in the Sargassum FMP that are equivalent to ACLs and AMs. For Sargassum, this final rule does not specifically set an ACL because there is currently a commercial quota in place which functions as an ACL, and there are commercial closure provisions in the event the quota is met or projected to be met which functions as an AM. To implement the Snapper-Grouper FMP, this final rule revises the snapper-grouper fishery management unit (FMU), including the removal of some species, designation of ecosystem component (EC) species, and the development of species groups. This final rule also establishes a daily vessel limit for the recreational possession of wreckfish and creates a closed season for the wreckfish recreational sector. To implement the Dolphin and Wahoo FMP, this final rule prohibits recreational bag limit sales of dolphin from for-hire vessels, and sets a minimum size limit for dolphin off South Carolina that complements the existing minimum size limit off Georgia and Florida. The intent of this final rule is to specify ACLs for species not undergoing overfishing while maintaining catch levels consistent with achieving optimum yield (OY) for the resource.

The National Marine Fisheries Service, Northwest Fisheries Science Center (NWFSC) will hold a peer review meeting to evaluate the Southern California Shelf Rockfish Hook and Line Survey which was designed to collect fishery-independent data for use in the stock assessments of groundfish associated with rocky habitats.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Monkfish Oversight Committee and Advisory Panel in April, 2012 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.