[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Proposed Rules]
[Pages 69322-69323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31068]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-AX67
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 31
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Availability of Amendment 31 to the Fishery
Management Plan for Reef Fish Resources of the Gulf of Mexico; request
for comments.
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SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has
submitted Amendment 31 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP) for review, approval, and
implementation by NMFS. Amendment 31 proposes actions to address sea
turtle bycatch in the bottom longline component of the Gulf of Mexico
(Gulf) reef fish fishery. The measures contained in the subject
amendment are intended to balance the continued viability of the bottom
longline component of the reef fish fishery while maintaining
adequately protective measures for sea turtles.
DATES: Comments must be received no later than 5 p.m., eastern time,
on March 1, 2010.
ADDRESSES: You may submit comments on the amendment or the proposed
rule, identified by ``0648-AX67'' by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
Fax: 727-824-5308; Attention: Cynthia Meyer.
Mail: Cynthia Meyer, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://www.regulations.gov
[[Page 69323]]
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-2008-0310'' 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. No comments will be posted
for public viewing until after the comment period has closed.
Copies of Amendment 31, which includes a draft environmental impact
statement, an initial regulatory flexibility analysis, and a regulatory
impact review 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/.
FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, 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, 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.
Background
In September 2008, NMFS released a report analyzing sea turtle
takes by the bottom longline component of the reef fish fishery as
documented by an observer program. Subsequently updated in April 2009,
the report indicated that the number of hardshell sea turtle takes by
the bottom longline component of the Gulf reef fish fishery had
exceeded the incidental take estimates specified in a 2005 Biological
Opinion. Therefore, action was needed to provide protection for
threatened loggerhead sea turtles in compliance with the Endangered
Species Act (ESA). To address this issue in the short-term while the
Council developed a long-term management strategy, NMFS published an
emergency rule effective May 18, 2009. The emergency rule prohibited
longline fishing for reef fish in the eastern Gulf shoreward of a line
approximating the 50-fathom depth contour, and prohibited all longline
fishing in the eastern Gulf after the deep-water grouper and tilefish
commercial quotas were filled.
On October 16, 2009, NMFS published a rule, under the authority of
the ESA, to replace the emergency rule. The rule prohibits bottom
longline fishing in the eastern Gulf shoreward of a line approximating
the 35-fathom contour with a restriction of 1,000 hooks per vessel with
no more than 750 hooks rigged for fishing or fished at any given time.
The intended effect of the rulemaking is to maintain protective
measures for loggerhead sea turtles as well as to maintain a viable
bottom longline fleet pending the implementation of Amendment 31 or
alternative long-term mitigation measures.
Specifically, Amendment 31 would modify the FMP to: 1) prohibit the
use of bottom longline gear in the reef fish fishery east of Cape San
Blas, Florida, shoreward of a line approximating the 35-fathom (64-m)
depth contour from June through August; 2) reduce the number of bottom
longline vessels operating in the fishery through a longline
endorsement provided only to vessel permits with demonstrated average
annual landings of 40,000 lb (18,144 kg) of reef fish taken by fish
traps or longlines during 1999-2007; and 3) restrict the number of
hooks that may be possessed onboard each longline vessel to 1,000 hooks
total, only 750 of which may be fished or rigged for fishing at any
given time.
The Council has submitted Amendment 31 for review, approval, and
implementation by the Secretary of Commerce. A proposed rule that would
implement measures outlined in Amendment 31 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
the FMP, the Magnuson-Stevens Act, the ESA, 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 March 1, 2010, 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: December 24, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E9-31068 Filed 12-30-09; 8:45 am]
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