[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9864-9866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4623]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-AY32
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic;
Comprehensive Ecosystem-Based Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (Council) has
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submitted CE-BA 1 which includes amendments to the following South
Atlantic fishery management plans (FMPs): the FMP for Coral, Coral
reefs, and Live/Hard Bottom Habitats of the South Atlantic Region
(Coral FMP); the FMP for the Dolphin and Wahoo Fishery off the Atlantic
States (Dolphin and Wahoo FMP); the FMP for Golden Crab of the South
Atlantic Region (Golden Crab FMP); the FMP for the Shrimp Fishery of
the South Atlantic Region (Shrimp FMP); and the FMP for the Snapper-
Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as
prepared and submitted by the South Atlantic Fishery Management Council
(Council); as well as the FMP for Coastal Migratory Pelagic (CMP)
Resources (CMP FMP); and the FMP for the Spiny Lobster Fishery of the
Gulf of Mexico and South Atlantic (Spiny Lobster FMP), as prepared and
submitted by the South Atlantic and Gulf of Mexico Fishery Management
Councils.
Management actions proposed in CE-BA 1 include the establishment of
deepwater Coral Habitat Areas of Particular Concern (CHAPCs) to protect
what is currently thought to be the largest distribution (>23,000
square miles) of pristine deepwater coral ecosystems in the world.
Actions in the amendment would prohibit the use of bottom damaging
fishing gear and allow for the creation of allowable fishing zones
within the CHAPCs in the historical fishing grounds of the golden crab
and deepwater shrimp fisheries while extending protection for deepwater
coral ecosystems. CE-BA 1 would also amend the Coral, Shrimp, Coastal
Migratory Pelagics, Golden Crab, Spiny Lobster, Dolphin-Wahoo, and
Snapper-Grouper FMPs to provide spatial information on previously
designated essential fish habitat (EFH).
DATES: Comments must be received no later than 5 p.m., eastern time, on
May 3, 2010.
ADDRESSES: Comments on CE-BA 1, identified by 0648-AY32, may be
submitted by any one of the following methods:
Electronic submissions: Submit all electronic public
comments via the Federal rule-making portal: www.regulations.gov
Mail: Karla Gore, NMFS, Southeast Regional Office, 263
13th Avenue South, St. Petersburg, FL 33701.
Fax: (727) 824-8308 Attn: Karla Gore.
Instructions: No comments will be posted for public viewing until
after the comment period is over. All comments received are a part of
the public record and will generally be posted to 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.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of CE-BA 1, which includes a final environmental impact
statement, a regulatory impact review, a regulatory flexibility
analysis, and a fishery impact statement are available from the South
Atlantic Fishery Management Council, 4055 Faber Place, Suite 201, North
Charleston, SC 29405; telephone 843-571-4366; fax 843-769-4520; e-mail
[email protected].
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305;
fax: 727-824-5308; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory
pelagics; coral, coral reefs, and live/hard bottom habitats; dolphin
and wahoo; golden crab; shrimp; spiny lobster; and snapper-grouper off
the southern Atlantic states are managed under their respective FMPs.
The FMPs were prepared by the Council and are implemented under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
Background
Management actions proposed in CE-BA 1 include the establishment of
CHAPCs in which the use of bottom damaging fishing gear would be
prohibited. These CHAPCs would protect what is currently believed to be
the largest distribution (>60,000 square kilometers; >23,000 square
miles) of deepwater coral ecosystems in the world. Currently, these
areas are relatively undisturbed by the impacts of fishing. The
underlying need for this action is to protect deepwater coral
ecosystems in the Council's jurisdiction, which are currently thought
to be in pristine condition, from future activities that could
compromise their condition. Failure to establish and protect these
deepwater coral habitats may create negative biological impacts on the
deepwater coral ecosystem and associated fauna if destructive fishing
practices develop and expand into the deepwater coral ecosystems. CE-BA
1 includes alternatives to determine which areas in the South Atlantic
to designate as CHAPCs.
Currently, the only commercial fisheries that operate in the areas
are the wreckfish, golden crab, and deepwater shrimp fisheries. The
amendment includes alternatives that would allow creation of
``allowable golden crab fishing areas'' and ``shrimp fishery access
areas'' that would allow these fisheries to continue with little or no
negative impacts to deepwater coral ecosystems. The wreckfish fishery
would not be impacted by the designations of the CHAPCs.
CE-BA 1 would also address the need for spatial representations of
previously designated EFH and EFH-HAPCs. Thus, this document proposes
to amend the following fishery management plans (FMPs) to include such
EFH and EFH-HAPC spatial information: Coral FMP; CMP FMP; Shrimp FMP;
Golden Crab FMP; Spiny Lobster FMP; Dolphin-Wahoo FMP; and the Snapper-
Grouper FMP.
The amendment contains alternatives for monitoring the golden crab
fishery within the proposed CHAPCs. The Council has selected the ``no
action'' alternative as preferred for this action due to concerns with
feasibility and enforcement.
The Council has submitted CE-BA 1 for Secretarial review, approval
and implementation. NMFS's decision to approve, partially approve or
disapprove CE-BA 1 will be based, in part, on consideration of
comments, recommendations, and information received during the comment
period on this NOA. A proposed rule will be published in the Federal
Register for public comment. After considering public comment on the
NOA, 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 CE-BA 1, and the associated rationale. If approved, the
provisions of CE-BA 1 would be specified in a final rule published in
the Federal Register.
Consideration of Public Comments
Public comments received by 5 p.m. eastern time on May 3, 2010 will
be considered by NMFS in the approval/disapproval decision regarding
CE-BA 1.
Authority: 16 U.S.C. 1801 et seq.
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Dated: February 26, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-4623 Filed 3-3-10; 8:45 am]
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