[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Pages 72868-72869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29026]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BD78
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the South Atlantic States; Regulatory
Amendment 16
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Intent (NOI) to prepare a draft environmental impact
statement (DEIS); request for comments.
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SUMMARY: NMFS, Southeast Region, in collaboration with the South
Atlantic Fishery Management Council (Council), intends to prepare a
DEIS to describe and analyze a range of alternatives for management
actions to be included in Regulatory Amendment 16 to the Fishery
Management Plan (FMP) for the Snapper-Grouper Fishery of the South
Atlantic Region (Regulatory Amendment 16). Regulatory Amendment 16 will
consider alternatives to the prohibition on the use of black sea bass
pots in the South Atlantic exclusive economic zone (EEZ) annually from
November 1 through April 30 that was implemented through Regulatory
Amendment 19 to the FMP. The purpose of this NOI is to solicit public
comments on the scope of issues to be addressed in the DEIS.
DATES: Written comments on the scope of issues to be addressed in the
DEIS will be accepted until January 3, 2014.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2013-0165'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: http://www.regulations.gov. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0165, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Rick DeVictor, 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.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The black sea bass stock in the South
Atlantic was assessed through the Southeast Data, Assessment, and
Review (SEDAR) stock assessment process in 2013 (SEDAR 25 Update). The
SEDAR 25 Update indicated that the black sea bass
[[Page 72869]]
commercial and recreational sector annual catch limits (ACL) could be
increased without jeopardizing the health of the population. The black
sea bass commercial and recreational ACLs were increased through
Regulatory Amendment 19 to the FMP (78 FR 58249, September 23, 2013).
The Council and NMFS, also through Regulatory Amendment 19,
established a prohibition on the use of black sea bass pots from
November 1 through April 30, each year. During this closure, no person
is allowed to harvest or possess black sea bass in or from the South
Atlantic EEZ either with sea bass pots or from a vessel with sea bass
pots on board. In addition, sea bass pots must be removed from the
water in the South Atlantic EEZ prior to November 1, and may not be on
board a vessel in the South Atlantic EEZ during this seasonal closure.
The black sea bass pot seasonal prohibition became effective on October
23, 2013.
The seasonal sea bass pot prohibition was established as a
precautionary measure to prevent interactions between black sea bass
pot gear and whales during periods of large whale migrations and during
the right whale calving season off the U.S. southeastern coast. The
large whale migration period and the right whale calving season in the
South Atlantic extends from approximately November 1 through April 30,
each year. Since 2010, black sea bass harvest levels have reached the
commercial ACL, triggering accountability measures (AMs) to close the
commercial sector. Because these in-season commercial AM closures have
occurred prior to November 1 since 2010, Council and NMFS actions to
prevent black sea bass pot gear from being in the water during periods
of higher whale concentrations have been unnecessary. However, NMFS
determined that the increase in the black sea bass commercial ACL
implemented through Regulatory Amendment 19 could extend the commercial
black sea bass fishing season beyond November 1 and into a time period
when a higher concentration of endangered whales are known to migrate
through black sea bass fishing grounds.
The Council, through Regulatory Amendment 16, is considering
removal of the seasonal sea bass pot closure and/or modifications to
the closure. Modifications currently under consideration include
shortening of the duration of the seasonal closure and spatially
designating the closure boundaries to be some area less than the entire
South Atlantic EEZ. The intent of the proposed action is to minimize
socio-economic impacts to black sea bass pot fishers while maintaining
protection for whales in the South Atlantic region that are listed as
endangered and threatened under the Endangered Species Act. Changes to
the current seasonal sea bass pot prohibition may positively affect the
revenues and profits of the 32 commercial vessels which currently
possess black sea bass pot endorsements to their Federal commercial
snapper-grouper permits.
NMFS, in collaboration with the Council, will develop a DEIS to
describe and analyze alternatives to address the management needs
described above including the ``no action'' alternative. In accordance
with NOAA's Administrative Order 216-6, Section 5.02(c), Scoping
Process, NMFS, in collaboration with the Council, has identified
preliminary environmental issues as a means to initiate discussion for
scoping purposes only. The public is invited to provide written
comments on the preliminary issues, which are identified as actions and
alternatives in the Regulatory Amendment 16 scoping document. These
preliminary issues may not represent the full range of issues that
eventually will be evaluated in the DEIS. A copy of the Regulatory
Amendment 16 scoping document is available at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/index.html.
After the DEIS associated with Regulatory Amendment 16 is
completed, it will be filed with the Environmental Protection Agency
(EPA). After filing, the EPA will publish a notice of availability of
the DEIS for public comment in the Federal Register. The DEIS will have
a 45-day 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.
The Council and NMFS will consider public comments received on the
DEIS in developing the final environmental impact statement (FEIS), and
before voting to submit the final amendment to NMFS for Secretarial
review, approval, and implementation. NMFS will announce in the Federal
Register the availability of the final amendment and FEIS for public
review during the Secretarial review period, and will consider all
public comments prior to final agency action to approve, disapprove, or
partially approve the final 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 FEIS. NMFS will consider all public comments received during
the Secretarial review period, whether they are on the final amendment,
the proposed regulations, or the FEIS, prior to final agency action.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 27, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-29026 Filed 12-3-13; 8:45 am]
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