[Federal Register Volume 65, Number 76 (Wednesday, April 19, 2000)]
[Proposed Rules]
[Page 20939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9697]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 041000E]
RIN 0648-AN39


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 12

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

ACTION: Notice of availability of Amendment 12 to the FMP for the 
snapper-grouper fishery off the southern Atlantic states; request for 
comments.

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SUMMARY: NMFS announces that the South Atlantic Fishery Management 
Council (Council) has submitted Amendment 12 to the Fishery Management 
Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) 
for review, approval, and implementation by NMFS. Amendment 12 would 
replace the current emergency rule that addresses overfishing of red 
porgy and is in accordance with section 305(c)(3)(B) of the Magnuson-
Stevens Act. Amendment 12 would implement permanent measures to rebuild 
the red porgy resource, limit the harvest and possession of red porgy 
in or from the exclusive economic zone (EEZ) off the southern Atlantic 
states to specified incidental catch amounts, add to the factors that 
may be established or modified via the FMP's framework procedure for 
regulatory adjustments, and modify the snapper-grouper limited access 
system to allow trip-limited permit transfers among the same vessel 
owner, regardless of vessel size. Written comments are requested from 
the public.

DATES: Comments must be received no later than 5 p.m., eastern standard 
time, on June 19, 2000.

ADDRESSES: Written comments should be sent to Peter Eldridge, Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702. Comments also may be sent via fax to 727-570-5583. Comments 
will not be accepted if submitted via e-mail or Internet.
    Requests for copies of Amendment 12, which includes a final 
supplemental environmental impact statement, initial regulatory 
flexibility analysis, regulatory impact review, and a social impact 
assessment/fishery impact statement may be obtained from the South 
Atlantic Fishery Management Council, Southpark Building, One Southpark 
Circle, Suite 306, Charleston, SC 29407-4699; telephone: 843-571-4366; 
fax: 843-769-4520; e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Peter Eldridge, 727-570-5305; fax 727-
570-5583; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), as amended by the 
Sustainable Fisheries Act, requires each Regional Fishery Management 
Council to submit any FMP or amendment to NMFS for review, and 
approval, disapproval, or partial approval. The Magnuson-Stevens Act 
also requires that NMFS, upon receiving an FMP or amendment, 
immediately publish a document in the Federal Register stating that the 
amendment is available for public review and comment.
    Under Amendment 12, the Council proposes management measures to 
limit the harvest and possession of red porgy to incidental catches. 
Specifically, a recreational fisherman would be restricted to one red 
porgy per day or per trip, whichever is more restrictive. A commercial 
fisherman would be limited to 50 lb (22.7 kg) per trip during the 
months of May through December and to one red porgy per day or per 
trip, whichever is more restrictive, during January through April. The 
current prohibition on sale of red porgy during March and April would 
be extended to the months of January through April.
    The Council also proposes to clarify that actions taken under the 
framework procedure regarding essential fish habitat (EFH) and EFH 
Habitat Areas of Particular Concern may include restrictions on gear 
and fishing activities.
    In addition, the Council proposes to allow a vessel owner who has 
been issued a trip-limited permit to transfer the permit to another 
vessel owned by the same entity, regardless of vessel size. This action 
would ease an administrative burden on vessel owners.
    Under Amendment 12, the Council proposes to establish the following 
measures for red porgy through the FMP's framework procedure: maximum 
sustainable yield (MSY); optimum yield (OY); maximum fishing mortality 
threshold, the fishing mortality rate which, if exceeded, constitutes 
overfishing; minimum stock size threshold, the stock size below which 
red porgy are overfished; and a stock rebuilding schedule, the period 
during which the overfished red porgy resource should be rebuilt to a 
level that will support MSY.
    Amendment 12's action which establishes an OY for red porgy does 
not quantify a specific annual yield or range of yields associated with 
the spawning biomass that would produce OY. NMFS is specifically 
inviting comment on a quantitative yield estimate of OY, realizing that 
this yield must be less than or equal to MSY.
    In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to implement Amendment 12 to determine if 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.
    NMFS will consider comments received by June 19, 2000, in its 
decision to approve, disapprove, or partially disapprove the amendment. 
NMFS will not consider comments received after that date in its 
decision; NMFS will address all the comments received on Amendment 12 
or on its proposed rule in the preamble of the final rule.

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

    Dated: April 12, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-9697 Filed 4-18-00; 8:45 am]
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