[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-946]


[[Page Unknown]]

[Federal Register: January 14, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 638

[I.D. 010494A]

 

Coral and Coral Reefs of the Gulf of Mexico and South Atlantic

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

ACTION: Notice of intent to prepare a supplemental environmental impact 
statement (SEIS) and request for comments.

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SUMMARY: NMFS announces the intention of the Gulf of Mexico and South 
Atlantic Fishery Management Councils (Councils) to prepare an SEIS for 
proposed Amendment 2 to the Fishery Management Plan for Coral and Coral 
Reefs of the Gulf of Mexico and South Atlantic (FMP). The FMP was 
prepared by the Councils and approved and implemented by the Secretary 
of Commerce under provisions of the Magnuson Fishery Conservation and 
Management Act (Magnuson Act). The purpose of Amendment 2 is to manage 
the harvest of ``live rock,'' living marine organisms attached to a 
hard substrate, such as dead coral or rock, and used primarily in the 
marine aquarium trade. Management measures under consideration include 
a prohibition on, or phase-out of, harvest of live rock with possible 
provisions for aquaculture; establishment of an annual quota or limited 
access management program; and implementation of a permitting system 
for wild harvest or aquaculture.
    The Councils intend to conduct a continuing public process to 
determine the scope of issues to be addressed and to identify the 
significant issues related to live rock management. The purpose of this 
notice is to inform the public of this ongoing process and of the 
opportunity to participate by submitting written comments.

DATES: Written comments on the scope of the SEIS must be submitted by 
February 14, 1994.

ADDRESSES: Scoping comments and requests for additional information 
should be sent to Georgia Cranmore, Fishery Administrator, National 
Marine Fisheries Service, 9450 Koger Boulevard, St. Petersburg, FL 
33702. Copies of the public hearing document for this amendment may be 
obtained by writing to the Gulf of Mexico Fishery Management Council, 
5401 West Kennedy Boulevard, suite 331, Tampa, FL 33609-2486.

FOR FURTHER INFORMATION CONTACT:
Georgia Cranmore, 813-893-3161.

SUPPLEMENTARY INFORMATION: In 1989, the Florida Department of Natural 
Resources (FDNR) (now Department of Environmental Protection) 
determined that live rock harvest (i.e., the collection of rocks with 
marine organisms attached for use in home aquariums) was detrimental to 
the Florida Reef Tract and other hard bottom habitat areas. The Florida 
Marine Fisheries Commission (FMFC) noted that the only current net 
production of the carbonate substrate underlying live rock occurs on 
living coral reefs and, in Florida, these areas are either in 
equilibrium or eroding. FDNR personnel testified that more than 90 
percent of the live rock examined at the request of enforcement agents 
contained visible colonies of prohibited corals, such as stony corals 
and sea fans. The FMFC concluded that live rock removal (1) can violate 
State and Federal laws that prohibit taking of corals, (2) reduces the 
surface area and topographic complexity of Florida's coral reefs and 
other live bottom areas, and (3) removes entire micro- communities 
along with targeted aquarium species. As a result of these 
consideration, Florida prohibited live rock landings from State waters 
in May 1989. As a result of this rulemaking, live rock harvesting 
efforts shifted to the exclusive economic zone (EEZ) off Florida.
    The FMFC has noted that in 1991 approximately 35 individuals 
reported combined landings of about 300 tons of live rock from EEZ 
waters adjacent to the Florida Reef Tract, Florida's east coast reefs, 
and the Gulf of Mexico hard bottom areas. In 1992, reported Florida 
landings from the EEZ totalled about 400 tons.
    Although the Councils have discussed the live rock issue, 
particularly pertaining to EEZ waters over recent years, they took no 
regulatory action since the FMFC had decided to initiate rulemaking 
regarding live rock landings from the EEZ off Florida. Specifically, 
the Councils deferred action since Florida's planned phase-out of live 
rock landings appeared to address what seemed to be a Florida area 
management issue.
    In June 1992, the Florida Governor and Cabinet approved the FMFC 
rule to phase-out live rock landings in Florida from the EEZ over a 3-
year period ending on June 30, 1995. The phase-out was designed to 
allow development of live rock aquaculture which would be exempt from 
the eventual total harvest ban. The phase-out was to be accomplished by 
a 25 percent annual reduction in allowable landings (based on the 1991 
reported landings) accompanied by a 500 pound daily vessel limit.
    On March 31, 1993, a U.S. District Court Judge issued a preliminary 
injunction to prevent enforcement of Florida's quota and vessel landing 
limits relating to possession or landing of live rock taken in the EEZ. 
Florida live rock fishermen argued that the Magnuson Act superseded 
State landing laws and the Councils had made ``an affirmative and 
conscious decision'' not to prohibit the taking of live rock in the 
EEZ.
    Because of the District Court action, the Councils are now 
concerned that removal of live rock from the EEZ is currently 
unregulated. Also, there is a growing interest in harvest of live rock 
from North Carolina to Alabama. In April 1993, the South Atlantic 
Council approved a motion to include live rock in the FMP and 
reactivate the Coral Advisory Panel. In May 1993, the Gulf Council, on 
being advised of recent live rock landings in Alabama, and at the 
request of that State and Florida, initiated development of options for 
live rock management. In June 1993, the South Atlantic Council held a 
public scoping meeting in Duck Key, Florida, to solicit input from the 
harvesters and the general public on the management of live rock. In 
November 1993, the Councils prepared a draft Amendment 2 to the FMP to 
address live rock issues, and established a schedule for further public 
hearings. See ADDRESSES to obtain a copy of this document.
    The Councils are considering the following management measures for 
Amendment 2 (with certain alternatives indicated).

Proposed Management Measures and Alternatives

A. Definitions for Management Unit

    (1) Define live rock and add it to the management unit.
    (2) Redefine allowable octocorals to eliminate taking of live rock 
under existing provisions of the FMP.

B. Management of the Live Rock Harvest

    (1) No action.
    (2) Harvest limits: a. establish an annual harvest quota for live 
rock; b. limit access and provide effort limits.
    (3) Harvest prohibition: a. prohibit live rock harvest; b. phase-
out live rock harvest; c. provide for aquaculture of otherwise 
prohibited live rock.
    (4) Provide for different management in the jurisdictional areas of 
the two councils.
    (5) Permits: a. provide for a Federal permit for wild live rock 
harvest and possession; b. provide for a Federal permit for possession 
and harvest of live rock from aquaculture; and c. provide for a Federal 
permit to take prohibited live rock for scientific and educational 
purposes.
    The South Atlantic Council's Habitat and Environmental Protection 
Committee prefers a prohibition on harvest and possession of live rock 
on implementation of Amendment 2, possibly as early as 1994. The Gulf 
Council prefers to allow three years of continued harvest after 
implementation of Amendment 2 to allow additional time for harvesters 
to convert to aquaculture; subsequently, harvest and possession of live 
rock would be limited to persons with aquaculture permits.

Timetable for SEIS Preparation and Decisionmaking Schedule

    The South Atlantic Council is holding public hearings on live rock 
management on January 5, 1994, in Savannah, Georgia, on January 6 in 
Duck Key, Florida, and on January 13 in Wrightsville Beach, North 
Carolina. The Gulf Council will hold hearings on January 11, in 
Pensacola, Florida, and on January 19, in Clearwater Beach, Florida. 
Specific times and locations are available from the Gulf Council listed 
above. The Gulf Council is scheduled to take action on the draft 
amendment and a draft SEIS at its January 19 meeting in Clearwater 
Beach, Florida. The South Atlantic Council is scheduled to take action 
on these draft documents at its February 7-11 meeting in St. Augustine, 
Florida.
    The draft SEIS is expected to be filed with the Environmental 
Protection agency in February or March 1994 for public review and 
comment. Following a 45-day public comment period, a final SEIS will be 
prepared in support of the final Amendment 2 to be submitted by the 
Councils to the Secretary of Commerce for review and approval (expected 
by 1994).

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

    Dated: January 10, 1994.
Richard H. Schaefer,
Director of Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 94-946 Filed 1-13-94; 8:45 am]
BILLING CODE 3510-22-M