[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Proposed Rules]
[Pages 30176-30180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14739]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[I.D. 052698E]
South Atlantic Fishery Management Council; Public Hearings
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Public hearings; request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (Council) will
convene six public hearings on its Draft Habitat Plan, Draft Habitat
Comprehensive Amendment (Draft Habitat Amendment), and associated Draft
Environmental Impact Statement (DEIS) and Draft Supplemental
Environmental Impact Statement (DSEIS); and on its Draft Sustainable
Fisheries Act Amendment (Draft SFA Amendment). Public meetings on the
NMFS draft Essential Fish Habitat (EFH) recommendations will be held
following two of the public hearings.
DATES: Written comments will be accepted until 5 p.m. on July 15, 1998.
The public hearings will be held from June 15 to June 26, 1998; see
SUPPLEMENTARY INFORMATION for specific dates and times.
ADDRESSES: Written comments on the Council's documents should be sent
to Bob Mahood, Executive Director, South Atlantic Fishery Management
Council, One Southpark Circle, Suite 306, Charleston, SC 29407-4699.
Copies of the Draft Habitat Amendment, DSEIS, and DEIS are available
from Susan Buchanan at (843) 571-4366 and will also be available to the
public at the hearings.
Written comments on the NMFS draft EFH recommendation will be
accepted at the public meetings, or may be sent to: Habitat
Conservation Division, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702-2432, Attn: Draft EFH Recommendation to SAC.
Copies of the draft EFH recommendations may be obtained by calling
(813) 570-5317.
The hearings will be held in Florida, Georgia, South Carolina, and
North Carolina. See SUPPLEMENTARY INFORMATION for locations of the
hearings and for special accommodations.
FOR FURTHER INFORMATION CONTACT: Susan Buchanan, Public Information
Officer, South Atlantic Fishery Management Council, 843-571-4366; fax:
843-769-4520; e-mail address: susan.buchanan@noaa.gov.
SUPPLEMENTARY INFORMATION: The Council will hold public hearings on the
Draft Habitat Plan, the Draft Habitat Amendment and its DEIS and DSEIS,
and the Draft SFA Amendment. These amendments have been prepared to
satisfy the requirements of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act), as amended in October 1996
by the Sustainable Fisheries Act.
[[Page 30177]]
Draft Habitat Plan and Draft Habitat Amendment
The Draft Habitat Plan includes background and additional rationale
for the Draft Habitat Amendment.
The Draft Habitat Amendment would amend the Council's existing
Fishery Management Plans (FMPs) to include EFH provisions and would
create, in part, two new FMPs for sargassum and calico scallops. The
Draft Habitat Amendment includes the following management measures:
1. Amendment 4 to the FMP for the Shrimp Fishery of the South
Atlantic Region would:
Action 1. Identify EFH for penaeid and rock shrimp.
Action 2. Establish Essential Fish Habitat-Habitat Areas of
Particular Concern (EFH-HAPCs) for penaeid shrimp.
Action 3. Require use of transponders by rock shrimp vessels
fishing in the South Atlantic exclusive economic zone (EEZ).
The following two options are being considered, with no preferred
option:
Option A. Require use of transponders by shrimp vessels in the
South Atlantic EEZ.
Option B. Require use of transponders by shrimp vessels fishing in
the South Atlantic EEZ south of 28 deg.30' N. lat.
2. Amendment 1 to the FMP for the Red Drum Fishery of the South
Atlantic Region would:
Action 1. Identify EFH for red drum.
Action 2. Establish EFH-HAPCs for red drum.
3. Amendment 10 to the FMP for the Snapper-Grouper Fishery of the
South Atlantic Region would:
Action 1. Identify EFH for species in the snapper-grouper
management unit.
Action 2. Establish EFH-HAPCs for species in the snapper-grouper
management unit.
Action 3. Prohibit all fishing within the Experimental Closed Area.
4. Amendment 10 to the FMP for the Coastal Migratory Pelagics
Fishery of the South Atlantic Region would:
Action 1. Identify EFH for coastal migratory pelagics.
Action 2. Establish EFH-HAPCs for coastal migratory pelagics.
Action 3. Prohibit fishing for coastal migratory pelagics in the
Experimental Closed Area.
5. Amendment 1 to the FMP for the Golden Crab Fishery of the South
Atlantic Region would:
Action 1. Identify EFH for golden crab.
Action 2. Establish EFH-HAPCs for golden crab.
6. Amendment 5 to the FMP for the Spiny Lobster Fishery of the
South Atlantic Region would:
Action 1. Identify EFH for spiny lobster.
Action 2. Establish EFH-HAPCs for spiny lobster.
Action 3. Prohibit fishing for spiny lobster in the Experimental
Closed Area.
7. Amendment 4 to the FMP for Coral, Coral Reefs, and Live/Hard
Bottom Habitats of the South Atlantic Region would:
Action 1. Identify EFH for coral, coral reefs, and live/hard bottom
habitats of the South Atlantic Region.
Action 2. Establish EFH-HAPCs for coral, coral reefs, and live/hard
bottom habitats.
Action 3A. Expand the Oculina Bank HAPC to an area bounded to the
west by 80 deg. W. long., to the north by 28 deg.30' N. lat., to the
south by 27 deg.30' N. lat., and to the east by the 100-fathom (600-ft)
(182-m) depth contour.
Action 3B. Expand the Oculina Bank HAPC by 1 to 5 miles on the
western side between 27 deg.30' N. lat. and 28 deg.30' N. lat.
Action 4. Prohibit all fishing within the Experimental Closed Area.
8. The FMP for the Calico Scallop Fishery of the South Atlantic
Region would:
Action 1. Identify EFH for calico scallops.
Action 2. Establish EFH-HAPCs for calico scallops.
Action 3. Establish an FMP for the calico scallop fishery of the
South Atlantic Region.
Action 4. Prohibit harvest of calico scallops in the area bounded
to the west by 80 deg. W. long., to the north by 28 deg.30' N. lat., to
the south by 27 deg.30' N. lat., and to the east by the 100-fathom
(600-ft) (182-m) depth contour.
Action 5. Require use of transponders by calico scallop vessels.
The following two options are being considered, with no preferred
option:
Option A. Require use of transponders by calico scallop vessels in
the South Atlantic EEZ.
Option B. Require use of transponders by calico scallop vessels
fishing in the South Atlantic EEZ south of 28 deg.30' N. lat.
NMFS Draft EFH Recommendations
NMFS is in the process of developing EFH recommendations to the
Council in accordance with the recent amendments to the Magnuson-
Stevens Act. The NMFS draft EFH recommendation to the Council includes
a review and comments on the draft EFH amendment. The NMFS draft EFH
recommendation to the Council will be available for public distribution
June 8, 1998, and will be available at all of the Council's public
hearings. Copies may be requested (see ADDRESSES). NMFS will hold a
public meeting on the draft NMFS EFH recommendations immediately
following the Council's public hearings in St. Augustine, FL, on June
15, and in Charleston, SC, on June 22. Written comments on the NMFS
draft EFH recommendations will be accepted at the two public meetings
or may be sent to the NMFS Habitat Conservation Division (see
ADDRESSES).
Draft SFA Amendment
The Draft SFA Amendment includes management measures that would
address the subjects listed here. The Council approved this amendment
for public hearing with no preferred options, given that the Magnuson-
Stevens Act national standard guidelines had not been finalized at that
time. The Draft SFA Amendment contains the following measures:
1. Definitions to address consistency with SFA section 102
definitions:
Action 1. No action to amend FMPs is required.
2. Other Required Provisions; Bycatch--bycatch management measures
and bycatch reporting requirements.
Action 2. No action to amend the bycatch management measures in the
FMPs is required.
3. Commercial, recreational, and charter fishing--sector
descriptions, landing trends, and data specification.
Action 3. No action to amend FMPs is required.
4. Fishing communities--identification and definition of fishing
communities.
Action 4. Amend the Shrimp, Red Drum, Snapper-Grouper, Coastal
Migratory Pelagics, Golden Crab, Spiny Lobster, Coral and Coral Reefs
and Live/Hard Bottom Habitat FMPs to include available information on
fishing communities.
5. Maximum Sustainable Yield (MSY), Optimum Yield (OY),
overfishing, and overfished.
Action 5. Amend the Shrimp, Red Drum, Snapper-Grouper, Coastal
Migratory Pelagics, Golden Crab, Spiny Lobster, Coral and Coral Reefs
and Live/Hard Bottom Habitat FMPs as required. (No preferred options--
see the following options).
A. Shrimp FMP.
1. MSY.
Option 1. No action.
Option 2. MSY is equal to 30 to 40 percent of the static spawning
potential ratio (SPR) (Council to specify).
Option 3. Other modifications to the proxy MSY values. Note: Under
this option, one would have to develop the rationale for any such
modification.
[[Page 30178]]
2. OY.
Option 1. No action.
Option 2. The Council's target level or OY is 30 to 100 percent of
the static SPR (Council to specify).
Option 3. Other modifications to the OY specifications. Note: Under
this option, one would have to develop the rationale for any such
modification.
3. Overfishing level to meet Magnuson-Stevens Act mandate.
Option 1. No action.
Option 2. Modify the overfishing definitions.
Note: Under this option, one would have to develop the rationale
for any such modification.
Option 3. Modify the rock shrimp definition to track brown and pink
shrimp.
Option 4. Establish a rebuilding timeframe equal to 1 to 10 years,
or within a time period equal to 1.5 times the mean generation time.
Generation time is computed as the age at which the average female
achieves half of her expected lifetime egg production (Council to
specify).
B. Red Drum FMP.
1. MSY.
Option 1. No action.
Option 2. MSY is equal to 30 to 40 percent of the static SPR
(Council to specify).
2. OY.
Option 1. No action.
Option 2. OY for the Atlantic Coast red drum fishery is the amount
of harvest that can be taken by U.S. fishermen while maintaining the
SPR at or above 40 to 100 percent of the static SPR (Council to
specify).
Option 3. Other modifications to the OY specification. Note: Under
this option, one would have to develop the rationale for any such
modification.
3. Overfishing level to meet the Magnuson-Stevens Act mandate.
Option 1. No action.
Option 2. Specify a threshold level in the range of 1 to 20 percent
of SPR, an overfished level in the range of 20 to 55 percent SPR, and a
target (OY) level in the range of 30 to 100 SPR.
Option 3. Other modifications to the overfishing definitions.
Note: Under this option, one would have to develop the rationale
for any such modification.
Option 4. Specify a threshold level of between 2 pounds (0.4 kg)
and 1 million pounds (0.4 million kg) (Council to specify).
Option 5. Establish a rebuilding timeframe equal to 1 to 10 years
or within a time period equal to 1.5 times the mean generation time.
Generation time is computed as the age at which the average female
achieves half of her expected lifetime egg production (Council to
specify).
C. Snapper-Grouper FMP.
1. MSY.
Option 1. No action.
Option 2. MSY is equal to 30 to 40 percent of the static SPR
(Council to specify).
Option 3. Other modifications to the proxy MSY values. Note: Under
this option, one would have to develop the rationale for any such
modification.
2. OY.
Option 1. No action.
Option 2. For snapper-grouper species that change sex, or for all
snapper-grouper species (Council to specify), specify a target or OY
level equal to F0.1.
Option 3. Other modifications to the OY specifications. Note: Under
this option, one would have to develop the rationale for any such
modification.
3. Overfishing level to meet the Magnuson-Stevens Act mandate.
Option 1. No action.
Option 2. Redefine overfishing.
a. A snapper-grouper species (including jewfish) is considered to
be overfished when the transitional SPR is below 20 percent.
b. When a stock is overfished (transitional SPR less than 20
percent), a rebuilding program that makes consistent progress toward
restoring the stock condition must be implemented and continued until
the stock is restored beyond the overfished condition. The rebuilding
program must be designed to achieve recovery within an acceptable
timeframe as specified by the Council (generally cannot exceed 10
years). The Council will continue to rebuild the stock until the stock
is restored to the management target (OY).
c. When a stock is not overfished (transitional SPR equal to or
greater than 20 percent), the act of overfishing is defined as a static
SPR that exceeds 20 percent (i.e., F20%). If fishing mortality rates
that exceed the level associated with the static SPR overfished level
are maintained, the stock may become overfished. Therefore, if
overfishing is occurring, a program to reduce fishing mortality rates
toward management target levels (OY) will be implemented, even if the
stock is not in an overfished condition.
d. The threshold level for snapper-grouper species is defined as 10
percent transitional SPR. If the stock(s) were to be overfished to such
an extent that their transitional SPR was below the threshold level,
the Council will take appropriate action, including, but not limited
to, eliminating directed fishing mortality and evaluating measures to
eliminate any bycatch mortality in a timely manner through the
framework procedure.
e. For species where there is insufficient information to determine
whether the stock is overfished (transitional SPR), overfishing is
defined as a fishing mortality rate in excess of the fishing mortality
rate corresponding to a default static SPR of 30 percent. If
overfishing is occurring, a program to reduce fishing mortality rates
to at least the level corresponding to management target levels will be
implemented.
f. The timeframe for recovery of overfished stocks remains
unchanged. For species that were not documented as overfished in
Amendment 3 to the Snapper-Grouper FMP, Year 1 is the year in which the
species is documented as being overfished. For example, gag were
documented as being overfished in the 1996 assessment; therefore, Year
1 for gag is 1996.
Option 3. Specify a threshold level in the range of 5 to 30 percent
SPR and a target level in the range of 30 to 50 percent SPR.
Option 4. Establish species-specific definitions of overfishing--
target, overfished, and threshold. For example, jewfish--specify 50
percent SPR as a target level, 40 percent SPR as an overfished level,
and 20 percent as the threshold level.
Option 5. Specify a threshold level in the range of 1 to 20 percent
SPR, an overfished level in the range of 20 to 50 percent SPR, and a
target (OY) level in the range of 30 to 100 percent SPR.
Option 6. Specify a threshold level of between 2 pounds (0.8 kg)
and 1 million pounds (0.4 million kg) (Council to specify) for each
species.
Option 7. For snapper-grouper species that change sex, or for all
snapper-grouper species (Council to specify), specify an overfished
level equal to Fmax.
Option 8. The Snapper-Grouper Assessment Group concluded that
rebuilding to OY should occur within a time period equal to 1.5 times
the mean generation time. Generation time is computed as the age at
which the average female achieves half of her expected lifetime egg
production.
D. Coastal Migratory Pelagics FMP.
1. MSY.
Option 1. No action.
Option 2. MSY is equal to 30 to 40 percent static SPR (Council to
specify).
2. OY.
Option 1. No action.
Option 2. Specify a target level or OY in the range of 30 to 100
percent SPR (Council to specify).
Option 3. Modifications to the OY specification.
Note: Under this option, one would have to develop the rationale
for any such modification.
[[Page 30179]]
3. Overfishing level to meet the Magnuson-Stevens Act mandate.
Option 1. No action.
Option 2. Redefine overfishing (proposed action in Amendment 8 to
the FMP).
a. A mackerel stock or migratory group is considered to be
overfished when the transitional SPR is below 20 percent.
b. When a stock or migratory group is overfished (transitional SPR
less than 20 percent), a rebuilding program that makes consistent
progress toward restoring stock condition must be implemented and
continued until the stock is restored beyond the overfished condition.
The rebuilding program must be designed to achieve recovery within an
acceptable timeframe as specified by the South Atlantic and Gulf of
Mexico Fishery Management Councils (Councils). The Councils will
continue to rebuild the stock until the stock is restored to the
management target (OY) within an unspecified timeframe.
c. When a stock is not overfished (transitional SPR equal to or
greater than 20 percent), the act of overfishing is defined as a static
SPR that exceeds the threshold of 20 percent (i.e., F20%).
If fishing mortality rates that exceed the level associated with the
static SPR overfished level are maintained, the stock may become
overfished. Therefore, if overfishing is occurring, a program to reduce
fishing mortality rates toward management target levels (OY) will be
implemented, even if the stock is not in an overfished condition.
d. The Councils have requested that the Mackerel Stock Assessment
Panel provide a range of possibilities and options for specifying an
absolute biomass level that could be used to represent a depleted
condition or state. In a future amendment, the Councils will describe a
process whereby, if the biomass is below such a level, the Councils
would take appropriate action, including, but not limited to,
eliminating directed fishing mortality and evaluating measures to
eliminate any bycatch mortality in a timely manner through the
framework procedure.
e. For species like cobia, where there is insufficient information
to determine whether the stock or migratory group is overfished
(transitional SPR), overfishing is defined as a fishing mortality rate
in excess of the fishing mortality rate corresponding to a default
threshold static SPR of 30 percent. If overfishing is occurring, a
program to reduce fishing mortality rates to at least the level
corresponding to management target levels will be implemented.
Option 3. Specify a threshold level in the range of 1 to 20 percent
SPR, an overfished level in the range of 20 to 55 percent SPR, and a
target (OY) level in the range of 30 to 100 percent SPR.
Option 4. Specify a threshold level of between 2 pounds (0.8 kg)
and 2 million pounds (0.8 million kg) (Council to specify) for each
species.
Option 5. Rebuilding to OY should occur within a time period equal
to 1.5 times the mean generation time. Generation time is computed as
the age at which the average female achieves half of her expected
lifetime egg production.
E. Golden Crab FMP.
1. MSY.
Option 1. No action.
Option 2. MSY is equal to 30 to 40 percent static SPR (Council to
specify).
2. OY.
Option 1. No action.
Option 2. OY for the golden crab fishery is the amount of harvest
that can be taken by U.S. fishermen while maintaining the SPR at or
above 40 percent static SPR.
Option 3. Other modifications to the OY specification. Note: Under
this option, one would have to develop the rationale for any such
modification.
3. Overfishing level to meet the Magnuson-Stevens Act mandate.
Option 1. No action.
Option 2. Specify a threshold level of between 2 pounds (0.8 kg)
and 2 million pounds (0.8 million kg) (Council to specify).
Option 3. Specify a threshold level in the range of 1 to 20 percent
SPR, an overfished level in the range of 20 to 55 percent SPR, and a
target (OY) level in the range of 30 to 100 percent SPR.
Option 4. Rebuilding to OY should occur within a time period equal
to 1.5 times the mean generation time. Generation time is computed as
the age at which the average female achieves half of her expected
lifetime egg production.
F. Spiny Lobster FMP.
1. MSY.
Option 1. No action.
Option 2. MSY is equal to 30 to 40 percent static SPR (Council to
specify).
2. OY.
Option 1. No action.
Option 2. OY for the spiny lobster fishery is the amount of harvest
that can be taken by U.S. fishermen while maintaining the SPR at or
above 40 to 100 percent (Council to specify).
Option 3. Other modifications to the OY specification. Note: Under
this option, one would have to develop the rationale for any such
modification.
3. Overfishing level to meet the Magnuson-Stevens Act mandate.
Option 1. No action.
Option 2. Specify a threshold level in the range of 1 to 20 percent
SPR, an overfished level in the range of 20 to 55 percent SPR, and a
target (OY) level in the range of 30 to 100 percent SPR.
Option 3. Specify a threshold level of between 2 pounds (0.8 kg)
and 2 million pounds (0.8 million kg) (Council to specify) for each
species.
Option 4. Rebuilding to OY should occur within a time period equal
to 1.5 times the mean generation time. Generation time is computed as
the age at which the average female achieves half of her expected
lifetime egg production.
G. Sargassum Habitat FMP.
1. MSY.
Option 1. No action.
Option 2. MSY is equal to 30 to 40 percent static SPR (Council to
specify).
Option 3. Given the limited data, do not specify a MSY at this
time.
2. OY.
Option 1. OY for sargassum is the level of harvest specified or as
may be authorized pursuant to the permitting criteria established in
this plan.
Option 2. OY for the sargassum fishery is the amount of harvest
that can be taken by U.S. fishermen while maintaining the SPR at or
above 40 to 100 percent (Council to specify).
Option 3. OY is all sargassum that can be harvested legally under
the provisions of the Sargassum FMP, which is equivalent to that level
of sargassum harvest that would minimize user conflicts among vessels,
minimize the cost of fishing, produce a stable level of landings that
would maximize returns to the fishermen, provide for a stable supply,
and minimize management costs.
Option 4. Other modifications to the OY specification. Note: Under
this option, one would have to develop the rationale for any such
modification.
3. Overfishing level to meet the Magnuson-Stevens Act mandate.
Option 1. No action.
Option 2. Specify a threshold level in the range of 1 to 20 percent
SPR, an overfished level in the range of 20 to 55 percent SPR, and a
target (OY) level in the range of 30 to 100 percent SPR.
Option 3. Specify a threshold level of between 2 pounds and 2
million pounds (Council to specify) for each species.
Option 4. Rebuilding to OY should occur within a time period equal
to 1.5 times the mean generation time. Generation time is computed as
the age at which the average female achieves half of her expected
lifetime egg production.
[[Page 30180]]
DEIS and DSEIS Public Comment Period
NMFS intends to file the DSEIS and DEIS with the Environmental
Protection Agency to initiate a 45-day public comment period pursuant
to the requirements of the National Environmental Policy Act, prior to
the Council's public hearings.
Public Hearings
The hearings will begin at 6 p.m. and will end when all business is
completed. The dates and locations are scheduled as follows:
1. Monday, June 15, 1998--Ponce de Leon Resort, 4000 U.S. Highway
1, North, St. Augustine, FL; telephone: 904-924-2821;
2. Monday, June 22, 1998--Town & Country, 2008 Savannah Highway,
Charleston, SC; telephone: 843-571-1000;
3. Tuesday, June 23, 1998--Carteret Community College, 3505
Arendell Street, Morehead City, NC; telephone: 919-247-3094;
4. Wednesday, June 24, 1998--Holiday Inn, Highway 17 South at I-95,
Richmond Hill (near Savannah), GA; telephone: 912-756-3351;
5. Thursday, June 25, 1998--Holiday Inn, 7151 Okeechobee Road, Ft.
Pierce, FL; telephone: 561-464-5000;
6. Friday, June 26, 1998--Hawk's Cay Resort, Mile Marker 61,
Marathon, FL; telephone: 305-743-7000.
Special Accommodations
These meetings are physically accessible to people with
disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to the Council office (see ADDRESSES)
by June 9, 1998.
Dated: May 28, 1998.
George H. Darcy,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 98-14739 Filed 6-2-98; 8:45 am]
BILLING CODE 3510-22-F
