[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Proposed Rules]
[Pages 12703-12705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04266]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BC38
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Amendment to the Corals and Reef Associated Plants and Invertebrates
Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 12704]]
ACTION: Notice of availability; request for comments.
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SUMMARY: The Caribbean Fishery Management Council (Council) has
submitted Amendment 4 to the Fishery Management Plan (FMP) for Corals
and Reef Associated Plants and Invertebrates of Puerto Rico and the
U.S. Virgin Islands (USVI) (Coral FMP) for review, approval, and
implementation by NMFS. Amendment 4 to the Coral FMP proposes to modify
management of seagrasses in the U.S. Caribbean exclusive economic zone
(EEZ). The intent of Amendment 4 to the Coral FMP is to address the
future management of seagrasses in the U.S. Caribbean EEZ in accordance
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Written comments must be received on or before April 26, 2013.
ADDRESSES: You may submit comments on Amendment 4 to the Coral FMP,
identified by ``NOAA-NMFS-2013-0021'', by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0021, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Maria del Mar Lopez,
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg,
FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. 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, or Adobe PDF file formats only.
Electronic copies of the amendment may be obtained from the
Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/index.html.
FOR FURTHER INFORMATION CONTACT: Maria del Mar Lopez, Southeast
Regional Office, NMFS, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: Seagrasses in the EEZ off Puerto Rico and
the USVI are managed under the Coral FMP. The Coral FMP was prepared by
the Council and is implemented under the authority of the Magnuson-
Stevens Act by regulations at 50 CFR part 622. 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
The Magnuson-Stevens Act requires the establishment of annual catch
limits (ACLs) and accountability measures (AMs) to end overfishing and
prevent overfishing from occurring. Annual catch limits are levels of
annual catch of a stock or stock complex that are set to prevent
overfishing from occurring. Accountability measures are management
controls to prevent ACLs from being exceeded, and to correct or
mitigate overages of the ACL if they occur.
To address the requirements of the Magnuson-Stevens Act, NMFS
published a final rule to implement the 2011 Caribbean ACL Amendment on
December 30, 2011 (76 FR 82414), which included Amendment 3 to the
Coral FMP. However, ACLs and AMs for seagrasses, which are included in
the Coral FMP, were not established at that time. In Amendment 4 to the
Coral FMP, the Council considered whether to set an ACL for seagrasses,
designate seagrasses as ecosystem component (EC) species, or remove
seagrasses from the Coral FMP.
Action Contained in the Amendment
Amendment 4 to the Coral FMP proposes to modify the management of
seagrass species included in the Coral FMP. The Coral FMP currently
includes four individual species of seagrasses: turtle grass (Thalassia
testudinum), manatee grass (Syringodium filiforme), shoal grass
(Halodule wrightii), widgeon grass (Ruppia maritima), and one group of
species, the sea vines (Halophila spp., including H. decipiens, H.
baillonis, H. engelmannii, and H. stipulacea (exotic)), all of which
occur in U.S. Caribbean waters. Seagrasses were included in 1994 as
members of the coral reef resources fishery management unit (FMU) of
the Coral FMP. The Coral FMP defined the coral reef resources FMU to
include a vast array of plants and invertebrates that provide habitats
that are essential to the growth, development, and survival of managed
finfish and other marine organisms.
The location, presence, and distribution of seagrasses in the EEZ
are not well known. The best available scientific information indicates
that the vast majority of seagrasses occur in shallower waters of
Puerto Rico and the USVI due to depth associated light limitations
found in the EEZ. Both Puerto Rico and the USVI regulate activities
involving seagrasses through their respective coastal zone management
programs. Seagrasses have been identified as essential fish habitat
(EFH) for stocks within the four Council FMPs (Reef Fish, Queen Conch,
Spiny Lobster, and Coral). Essential fish habitat is defined by the
Magnuson-Stevens Act as those waters and substrates necessary to fish
for spawning, breeding, feeding or for growth to maturity.
Additionally, seagrasses have also been identified as habitat areas of
particular concern (HAPC) within special areas in Puerto Rico
commonwealth and USVI territorial waters (state waters).
There is presently no known targeted or indirect harvest of any of
the seagrass species included in the Coral FMP, either from the EEZ or
from state waters, and future harvest is not anticipated.
In Amendment 4 to the Coral FMP, the Council considered whether to
take no action, set an ACL for seagrasses, designate seagrasses as EC
species, or remove seagrasses from the Coral FMP. The Magnuson-Stevens
Act's National Standard 7 guidelines (50 CFR 600.340) require Councils
to prepare FMPs only for overfished fisheries and other fisheries where
regulation would serve some useful purpose, and where the present or
future benefit of regulation would justify the costs. Because there is
no known harvest of seagrass species, and these species occur
predominantly in state waters, the Council determined that Federal
management of seagrasses is unnecessary. Further, removing seagrasses
from the Coral FMP would not affect the designation of seagrasses as
EFH and HAPC for stocks within the Queen Conch Resources of Puerto Rico
and the USVI FMP, Reef Fish Fishery of Puerto Rico and the USVI FMP,
FMP for the Spiny Lobster Fishery of Puerto Rico and the USVI, and
Coral FMP. Seagrasses would continue to be protected by these
designations, which require, among other things, that FMPs to minimize
to the extent practicable adverse effects on EFH caused by fishing. In
addition, other management measures currently in place, such as gear
restrictions and closed areas, would continue protection to these
important habitats.
[[Page 12705]]
Proposed Rule for Amendment 4 to the Coral FMP
A proposed rule that would implement Amendment 4 to the Coral FMP
has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is
evaluating Amendment 4 to the Coral FMP to determine whether it is
consistent with the FMP, the Magnuson-Stevens Act, and other applicable
law. If the determination is affirmative, NMFS will publish the
proposed rule in the Federal Register for public review and comment.
Consideration of Public Comments
The Council submitted Amendment 4 to the Coral FMP for Secretarial
review, approval, and implementation. NMFS' decision to approve,
partially approve, or disapprove Amendment 4 to the Coral FMP will be
based, in part, on consideration of comments, recommendations, and
information received during the comment period on this notice of
availability.
Comments received by April 26, 2013, 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: February 20, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-04266 Filed 2-22-13; 8:45 am]
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