[Federal Register: September 15, 2005 (Volume 70, Number 178)]
[Proposed Rules]
[Page 54518-54519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se05-16]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[I.D. 090905A]
RIN 0648-AS66
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Essential Fish Habitat Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Availability of fishery management plan amendment; request for
comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the availability of Generic Amendment 3 to the
Fishery Management Plans (FMP) of the Gulf of Mexico (EFH Amendment 3)
prepared by the Gulf of Mexico Fishery Management Council (Council).
EFH Amendment 3 would amend each of the seven Council FMPs -coral and
coral reef resources, coastal migratory pelagics, red drum, reef fish,
shrimp, spiny lobster, and stone crab- to describe and identify
essential fish habitat (EFH); minimize to the extent practicable the
adverse effects of fishing on EFH; and encourage conservation and
management of EFH. This amendment would establish additional habitat
areas of particular concern (HAPC), restrict fishing activities within
HAPCs to protect EFH, and require a weak link in bottom trawl gear to
protect EFH. The intended effect of EFH Amendment 3 is to facilitate
long-term protection of EFH, and, thus, better conserve and manage
fishery resources in the Gulf of Mexico.
DATES: Written comments must be received no later than 5 p.m., eastern
time, on November 14, 2005.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: 0648-AS66.NOA@noaa.gov. Include in the subject
line the following document identifier: 0648-AS66-NOA.
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Peter Hood, Southeast Regional Office, NMFS, 263
13\th\ Avenue South, St. Petersburg, FL 33701.
Fax: 727-824-5308, Attention: Peter Hood.
Copies of the Environmental Impact Statement (EIS) and EFH
Amendment 3, which includes a Regulatory Impact Review (RIR) and
Initial Regulatory Flexibility Analyses (IRFA), may be obtained from
the Gulf of Mexico Fishery Management Council, 2203 N. Lois Avenue,
Suite 1100, Tampa, FL 33607; telephone: 813-348-1630; fax: 813-348-
1711; e-mail: gulfcouncil@gulfcouncil.org.
FOR FURTHER INFORMATION CONTACT: Peter Hood, 727-824-5305; fax 727-824-
5308; e-mail: peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: EFH Amendment 3 addresses fisheries under
the FMPs for coral and coral reef resources, coastal migratory
pelagics, red drum, reef fish, shrimp, spiny lobster, and stone crab.
The FMPs were prepared by the Council, except for the FMPs for coastal
migratory pelagics and spiny lobster, which were prepared jointly by
the South Atlantic and Gulf of Mexico Fishery Management Councils. All
of these FMPs, except the spiny lobster and stone crab FMPs, are
implemented under the authority of the
[[Page 54519]]
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622. The FMP for the Spiny
Lobster Fishery of the Gulf of Mexico and South Atlantic is implemented
by regulations at 50 CFR part 640. The FMP for the Stone Crab Fishery
of the Gulf of Mexico is implemented by regulations at 50 CFR part 654.
EFH Amendment 3 would define EFH for each FMP and identify the
following HAPCs: the Florida Middle Grounds, Madison-Swanson Marine
Reserve, Tortugas North and South Ecological Reserves, Pulley Ridge,
and the individual reefs and banks of the Northwestern Gulf of Mexico
(East and West Flower Garden Banks, Stetson Bank, Sonnier Bank, MacNeil
Bank, 29 Fathom, Rankin Bright Bank, Geyer Bank, McGrail Bank, Bouma
Bank, Rezak Sidner Bank, Alderice Bank, and Jakkula Bank). The
amendment also contains proposed alternatives to establish the
following fishing restrictions in the Gulf of Mexico: (1) Prohibit
bottom anchoring over coral reefs in the East and West Flower Garden
Banks, McGrail Bank, Pulley Ridge, and North and South Tortugas
Ecological Reserves HAPCs, and on the significant coral resources on
Stetson Bank; (2) prohibit the use of trawling gear, bottom longlines,
buoy gear, and all traps/pots on coral reefs in the East and West
Flower Garden Banks, McGrail Bank, Pulley Ridge, and North and South
Tortugas Ecological Reserves HAPCs, and on the significant coral
communities on Stetson Bank; and (3) require a weak link in the tickler
chain of bottom trawls on all habitats throughout the Gulf of Mexico
exclusive economic zone. A weak link is defined as a length or section
of the tickler chain that has a breaking strength less than the chain
itself and is easily seen as such when visually inspected.
A proposed rule that would implement the measure outlined in EFH
Amendment 3 has been received from the Council. In accordance with the
Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine
whether it is consistent with the FMP, the Magnuson-Stevens Act, and
other applicable law. If that determination is affirmative, NMFS will
publish the proposed rule in the Federal Register for public review and
comment.
Comments received by November 14, 2005, whether specifically
directed to the FMP 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: September 9, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-18357 Filed 9-14-05; 8:45 am]
BILLING CODE 3510-22-S