[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Proposed Rules]
[Pages 26829-26830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13090]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-AS65
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Aquaculture
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Availability of the Fishery Management Plan for
Regulating Offshore Marine Aquaculture in the Gulf of Mexico (FMP);
request for comments.
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SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has
submitted the FMP for review, approval, and implementation by NMFS. The
FMP is intended to establish a comprehensive permitting and regulatory
framework to manage the development of an environmentally sound and
economically sustainable aquaculture industry in the Gulf of Mexico
exclusive economic zone (EEZ). The FMP would establish application and
permit requirements, aquaculture operational requirements and
restrictions, siting requirements and conditions, and recordkeeping and
reporting requirements; specify allowable aquaculture species; provide
for evaluation and approval/disapproval of proposed aquaculture systems
(e.g., cages or net pens); establish restricted access zones around
aquaculture facilities; and establish a regulatory framework for
modifying certain aquaculture-related management measures consistent
with the provisions of the FMP. In addition, the FMP would establish
biological reference points and status determination criteria specific
to aquaculture in the EEZ.
DATES: Comments must be received no later than 5 p.m., eastern time, on
August 3, 2009.
ADDRESSES: You may submit comments on the proposed rule, identified by
``0648-AS65'', by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Mail: Jess Beck, 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 http://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: http://www.regulations.gov, enter ``NOAA-NMFS-2008-0233'' in the keyword
search, then check the box labeled ``Select to find documents accepting
comments or submissions'', then select ``Send a Comment or
Submission.'' 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,
WordPerfect, or Adobe PDF file formats only.
Copies of the FMP may be obtained from the Gulf of Mexico Fishery
Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL
33607; telephone 813-348-1630; fax 813-348-1711; e-mail:
[email protected]; or may be downloaded from the Council's
website at http://www.gulfcouncil.org/. The FMP includes a Programmatic
Environmental Impact Statement (PEIS), an Initial Regulatory
Flexibility Analysis, a Regulatory Impact Review, and a Social Impact
Assessment/Fishery Impact Statement.
FOR FURTHER INFORMATION CONTACT: Jess Beck, telephone: 727-824-5301;
fax: 727-824-5320; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
Background
Demand for protein is increasing in the United States. Today
imports account for over 80 percent of the U.S. seafood consumption. As
demand for seafood as protein continues to increase many commercial
wild-capture fisheries are being fished at or above sustainable levels
and are likely unable to meet such growing demand. Aquaculture of
commercially and recreationally important species has been suggested as
one method to meet the current and future demands for seafood.
Currently, there is no process for accommodating commercial scale
offshore aquaculture in Gulf of Mexico exclusive economic zone, other
than live rock aquaculture which is authorized under Amendments 2 and 3
to the Coral and Coral Reefs FMP. NOAA Fisheries Service may issue an
exempted fishing permit (EFP) to conduct offshore aquaculture in
federal waters; however, an EFP is of limited duration and is not
intended for commercial production of fish and shellfish. The Council
has submitted the FMP to NMFS for agency review under procedures of the
Magnuson-Stevens Act. The purpose of this FMP is to establish a
comprehensive permitting and regulatory framework to manage the
development of an environmentally sound and economically sustainable
aquaculture industry in the EEZ.
The Council chose alternatives that would: establish application
and permit requirements, aquaculture operational requirements and
restrictions, siting requirements and conditions, and recordkeeping and
reporting requirements; specify allowable aquaculture species; provide
for evaluation and approval/disapproval of proposed aquaculture systems
(e.g., cages or net pens); establish restricted access zones around
aquaculture facilities; establish a regulatory
[[Page 26830]]
framework for modifying certain aquaculture-related management measures
consistent with the provisions of the FMP; and establish biological
reference points and status determination criteria specific to
aquaculture in the EEZ.
The FMP, including the PEIS, would serve as the basis for
evaluating the potential effects of issuing permits to Gulf aquaculture
operations. Potential effects falling outside the scope of the actions
proposed would be further analyzed through additional National
Environmental Policy Act analyses conducted by the Council and NMFS.
The Council has submitted the FMP for Secretarial review, approval,
and implementation. NMFS' decision to approve, partially approve, or
disapprove the FMP will be based, in part, on consideration of
comments, recommendations, and information received during the comment
period on this notice of availability. After consideration of these
factors, and consistency with the Magnuson-Stevens Act and other
applicable laws, NMFS will publish a notice of agency action in the
Federal Register announcing the Agency's decision to approve, partially
approve, or disapprove the FMP, and the associated rationale.
Consideration of Public Comments
Public comments received by 5 p.m. eastern time, on August 3, 2009,
will be considered by NMFS in the approval/disapproval decision
regarding the FMP.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 29, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-13090 Filed 6-3-09; 8:45 am]
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