[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 57957-57958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24035]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BB44


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Amendment 11 to the Fishery Management Plan for Spiny Lobster Resources 
of the Gulf of Mexico and South Atlantic; Intent To Prepare a 
Supplemental Environmental Impact Statement (SEIS); Request for 
Comments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of Intent (NOI).

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SUMMARY: NMFS, Southeast Region, in collaboration with the Gulf of 
Mexico and South Atlantic Fishery Management Councils (Councils) 
intends to prepare a SEIS to describe and analyze a range of 
alternatives for management actions to be included in Amendment 11 to 
the Fishery Management Plan for the Spiny Lobster Resources of the Gulf 
of Mexico and South Atlantic (FMP). These actions will consider closed 
areas for lobster fishing to protect Acropora corals and lobster trap 
line-marking requirements. The purpose of this NOI is to solicit public 
comments on the scope of issues to be addressed in the SEIS.

DATES: Written comments on the scope of issues to be addressed in the 
SEIS must be received by NMFS by October 19, 2011.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2011-0223, 
by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Susan Gerhart, 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

[[Page 57958]]

submit Confidential Business Information or otherwise sensitive or 
protected information.
    To submit comments through the Federal e-rulemaking portal: http://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0223'' in the keyword search and click on ``search.'' To view 
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0223'' in the keyword search and click on ``search.'' NMFS will accept 
anonymous comments (enter N/A in the required field if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-5305 
or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: On August 27, 2009, an Endangered Species 
Act (ESA) biological opinion was completed that evaluated the impacts 
of the continued authorization of the trap component of the spiny 
lobster commercial sector on ESA-listed species. The opinion prescribed 
non-discretionary reasonable and prudent measures (RPMs) to help 
minimize the impacts of takes to ESA-listed species by the trap 
component of the spiny lobster commercial sector. Specific terms and 
conditions required to implement the prescribed RPMs included creating 
new or expanding existing closed areas to protect coral and 
implementing lobster trap line-marking requirements. A September 2, 
2011, memo revised the 5-year phase-in period for the line-marking 
requirement to 5 years from implementation of the planned final rule or 
no later than August 6, 2017. The Councils are considering alternatives 
to meet these requirements.
    Actions and alternatives to address these measures were included in 
Amendment 10 to the Spiny Lobster FMP. However, the Councils felt more 
time was needed to work with stakeholders in developing management 
measures. NMFS, in collaboration with the Councils, will develop a SEIS 
for Amendment 11 to describe and analyze alternatives to address the 
management needs described above. The alternatives will include a ``no 
action'' alternative regarding each action.
    In accordance with NOAA's Administrative Order 216-6, Section 
5.02(c), Scoping Process, NMFS, in collaboration with the Councils, has 
identified preliminary environmental issues as a means to initiate 
discussion for scoping purposes only. These preliminary issues may not 
represent the full range of issues that eventually will be evaluated in 
the SEIS.
    Copies of an information packet will be available from NMFS (see 
ADDRESSES).
    After the draft SEIS associated with Amendment 11 is completed, it 
will be filed with the Environmental Protection Agency (EPA). After 
filing, the EPA will publish a notice of availability of the draft SEIS 
for public comment in the Federal Register. The draft SEIS will have a 
45-day public comment period. This procedure is pursuant to regulations 
issued by the Council on Environmental Quality (CEQ) for implementing 
the procedural provisions of the National Environmental Policy Act 
(NEPA; 40 CFR parts 1500-1508) and to NOAA's Administrative Order 216-6 
regarding NOAA's compliance with NEPA and the CEQ regulations.
    NMFS will consider public comments received on the draft SEIS in 
developing the final SEIS and before adopting final management measures 
for the amendment. NMFS will submit both the final amendment and the 
supporting SEIS to the Secretary of Commerce (Secretary) for review as 
required by the Magnuson-Stevens Fishery Conservation and Management 
Act.
    NMFS will announce, through a notification in the Federal Register, 
the availability of the final amendment for public review during the 
Department of Commerce Secretarial review period. During Secretarial 
review, NMFS will also file the final SEIS with the EPA and the EPA 
will publish a notice of availability for the final SEIS in the Federal 
Register. This public comment period is expected to be concurrent with 
the Secretarial review period and will end prior to final agency action 
to approve, disapprove, or partially approve the amendment.
    NMFS will announce, through a document published in the Federal 
Register, all public comment periods on the final amendment, its 
proposed implementing regulations, and the availability of its 
associated final SEIS. NMFS will consider all public comments received 
during the Secretarial review period, whether they are on the final 
amendment, the proposed regulations, or the final SEIS, prior to final 
agency action.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: September 13, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-24035 Filed 9-16-11; 8:45 am]
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