[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Notices]
[Pages 14884-14885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7652]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 110298A]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Essential Fish Habitat Generic Amendment to the Fishery Management
Plans of the U.S. Caribbean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of agency decision.
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SUMMARY: NMFS announces the partial approval of the Essential Fish
Habitat (EFH) Generic Amendment to the Fishery Management Plans (FMPs)
of the U.S. Caribbean (Generic EFH
[[Page 14885]]
Amendment), as submitted by the Caribbean Fishery Management Council
(Council).
ADDRESSES: Requests for copies of the Generic EFH Amendment (two
volumes), which includes an environmental assessment, should be sent to
the Caribbean Fishery Management Council, 268 Munoz Rivera Avenue,
Suite 1108, San Juan, Puerto Rico 00918-2577, Phone: 787-766-5926; FAX:
787-766-6239.
FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 727-570-5305.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or amendment to NMFS for
review and approval, disapproval, or partial approval.
NMFS published guidelines to assist the regional fishery management
councils in the description and identification of EFH in FMPs,
including identification of adverse impacts from both fishing and non-
fishing activities on EFH and identification of actions required to
conserve and enhance EFH (62 FR 66531, December 19, 1997).
On November 20, 1998, NMFS published a notice of public
availability of the Generic EFH amendment, and requested comments (63
FR 64463). A 60-day public comment period on the amendment ended on
January 19, 1999. No regulations were published for this amendment. A
summary of the comments received and NMFS' responses are provided
below.
Agency Decision
After considering the Council's Generic EFH Amendment and the
public comments received, NMFS advised the Council on February 18,
1999, that it had partially approved the amendment. Specifically, NMFS
advised that the amendment was approved for its 17 selected species and
corals but that EFH designations were lacking for the remaining managed
species and approval of these designations was deferred to a subsequent
amendment. NMFS advised the Council that as soon as possible it should
identify and describe EFH for the remaining species or, alternatively,
identify ecological relationships between the selected species and the
remaining species in the FMPs' fishery management units in order to
justify using the selected species as representatives. NMFS indicated
that it would work with the Council to obtain necessary additional
scientific information (and noted efforts underway) that will assist
the Council in its completion of these EFH designations in the near
future.
Comments and Responses
During the comment period on the Generic EFH Amendment, NMFS
received two written comments.
Comment: Because a number of the species affected by the Generic
EFH Amendment, including queen conch, are distributed both inside and
outside U.S. waters in the Caribbean, cooperation with other
governments in that region will be necessary to achieve effective
conservation and management.
Response: NMFS agrees with this statement and plans to continue to
assist in efforts to develop Caribbean-wide management plans for these
species.
Comment: A commenter recommended disapproval of the fishing gear
impact sections of the amendment. Although the commenter recognized
that additional research is needed to fully evaluate effects of fishing
gear on EFH, the commenter believes action must be taken now to
mitigate adverse impacts on coral and other habitats. The commenter
provided specific recommendations for action on limiting the use of
traps and nets for the reef fish, spiny lobster and coral FMPs.
Response: NMFS believes that the Council could not have completed
the biological and socioeconomic analyses needed to support management
measures to limit fishing gear and still meet the mandated time frame
of the EFH amendment. NMFS notes that the Council plans to address gear
effects during 1999 and is preparing background documents for options
regarding a trap reduction program for the reef fish and spiny lobster
fisheries.
NMFS believes that the Council's EFH amendment adequately addresses
fishing impacts on EFH and provides the basis for future actions when
more information is available.
Comment: A commenter requested that the non-fishing related impact
portion of the EFH amendment be disapproved because it does not include
procedures for evaluating potential impacts of state and Federal permit
applicants on a case-by-case basis. The commenter provided
recommendations on procedures for consultations with other agencies on
EFH, including the need for thorough public review of the process and
its conclusions.
Response: The Magnuson-Stevens Act does not require the Councils to
develop consultation procedures. NMFS has published procedures for
Federal and state agencies and the Councils to use to coordinate,
consult, or provide recommendations on Federal or state activities that
may adversely impact EFH (50 CFR Part 600, Subpart K). Councils are
encouraged to develop their own internal procedures for the development
of Council recommendations but this is not a required element of their
EFH amendments.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 23, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-7652 Filed 3-26-99; 8:45 am]
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