[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Proposed Rules]
[Pages 37635-37636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17937]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 622 and 640

[I.D. 020801A]
RIN 0648-AN83


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Amendment to the Fishery Management Plans of the Gulf of Mexico

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

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Gulf of Mexico Fishery Management 
Council (Gulf Council) has submitted for review, approval, and 
implementation under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) those measures of its Generic 
Amendment Addressing the Establishment of the Tortugas Marine Reserves 
in the Fishery Management Plans of the Gulf of Mexico (Generic Tortugas 
Amendment) that would amend the Fishery Management Plan for Coastal 
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic 
and the Fishery Management Plan for the Spiny Lobster Fishery of the 
Gulf of Mexico and South Atlantic. The Generic Tortugas Amendment would 
establish two marine reserves in the exclusive economic zone in the 
vicinity of the Dry Tortugas, FL. Within the marine reserves, fishing 
for any species and anchoring by fishing vessels would be prohibited. 
The intended effect is to protect and conserve important marine 
resources. NMFS previously approved those measures of the Generic 
Tortugas Amendment that amend the Gulf Council's other fishery 
management plans (FMPs).

DATES: Written comments must be received on or before September 17, 
2001.

ADDRESSES: Written comments on the subject measures of the Generic 
Tortugas Amendment must be sent to Michael Barnette, Southeast Regional 
Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. 
Comments may also be sent via fax to 727-570-5583. Comments will not be 
accepted if submitted via e-mail or the Internet.

[[Page 37636]]

    Requests for copies of the Generic Tortugas Amendment, which 
includes a regulatory impact review and a final supplemental 
environmental impact statement, should be sent to the Gulf of Mexico 
Fishery Management Council, 3018 U.S. Highway 301 North, Suite 1000, 
Tampa, FL 33619-2266; phone: 813-228-2815; fax: 813-225-7015; e-mail: 
gulf.council&noaa.gov.

FOR FURTHER INFORMATION CONTACT: Michael Barnette, NMFS; phone: 727-
570-5305; fax: 727-570-5583; e-mail: Michael.Barnette&noaa.gov.

SUPPLEMENTARY INFORMATION: The Gulf Council previously submitted its 
Generic Tortugas Amendment to NMFS for Secretarial review, approval, 
and implementation. A notice of its availability for public comment was 
published in the Federal Register on March 7, 2001 (66 FR 13692). On 
June 6, 2001, NMFS approved those management measures in the Generic 
Tortugas Amendment that amend the following FMPs: Fishery Management 
Plan for Coral and Coral Reefs of the Gulf of Mexico; Fishery 
Management Plan for the Red Drum Fishery of the Gulf of Mexico; Fishery 
Management Plan for the Stone Crab Fishery of the Gulf of Mexico; 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico; 
and Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico.
    The amendment's proposed management measures that would amend the 
two FMPs prepared jointly (joint FMPs) by the Gulf Council and the 
South Atlantic Fishery Management Council (South Atlantic Council), 
namely the Fishery Management Plan for Coastal Migratory Pelagic 
Resources of the Gulf of Mexico and South Atlantic and the Fishery 
Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and 
South Atlantic, had yet to be adopted by the South Atlantic Council. 
Therefore, those amendment measures proposed for amending the two joint 
FMPs were not eligible for Secretarial review and approval under the 
Magnuson-Stevens Act at the time the Gulf Council first submitted the 
amendment to NMFS for Secretarial review.
    At its meeting of June 18-23, 2001, the South Atlantic Council 
adopted the amendment's proposed management measures that would amend 
the two joint FMPs. Based on this action by the South Atlantic Council, 
NMFS has determined that the amendment's measures that would amend the 
two joint FMPs have been properly submitted for Secretarial review by 
the Gulf Council and can now be reviewed and, if approved, implemented. 
Accordingly, NMFS is publishing this notice of availability of these 
amendment measures for public comment.
    To date, NMFS has not published a proposed rule for the Generic 
Tortugas Amendment. In accordance with the Magnuson-Stevens Act, NMFS 
is evaluating the proposed rule to determine whether it is consistent 
with the Generic Tortugas Amendment, 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. The proposed rule will include amendment measures approved by 
NMFS on June 6, 2001, for the following FMPs: Fishery Management Plan 
for Coral and Coral Reefs of the Gulf of Mexico; Fishery Management 
Plan for the Red Drum Fishery of the Gulf of Mexico; Fishery Management 
Plan for the Stone Crab Fishery of the Gulf of Mexico; Fishery 
Management Plan for the Shrimp Fishery of the Gulf of Mexico; and 
Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico. The proposed rule will also include those proposed management 
measures for amending the two joint FMPs that are the subject of this 
notice. These latter measures would amend the Fishery Management Plan 
for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic and the Fishery Management Plan for the Spiny Lobster Fishery 
of the Gulf of Mexico and South Atlantic.
    Considerable background information on the Generic Tortugas 
Amendment is contained in the original notice of availability published 
March 7, 2001 (66 FR 13692) and is not repeated here. Under the Generic 
Tortugas Amendment, the Gulf Council proposes that the marine reserves 
be established for a period of at least 10 years, during which the 
ecological benefits of the reserves will be evaluated. The prohibition 
on fishing and anchoring of fishing vessels should minimize human 
disturbances in the Tortugas reserves and help to restore and maintain 
their ecological integrity, including a full assemblage of fish, coral, 
and other benthic invertebrates. The reserves will also create a 
reference or baseline area for studying human impacts on coral reef 
ecosystems.
    Comments received by September 17, 2001, whether specifically 
directed to those management measures in the Generic Tortugas Amendment 
that would amend the joint FMPs or to the proposed rule, will be 
considered by NMFS in its decision to approve, disapprove, or partially 
approve those measures amending the joint FMPs. Comments received after 
that date will not be considered by NMFS in this decision. All comments 
received by NMFS on the Generic Tortugas Amendment (under both the 
current and previous Secretarial review periods) or the proposed rule 
during their respective comment periods will be addressed in the 
preamble of the final rule.

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

    Dated: July 12, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-17937 Filed 7-18-01; 8:45 am]
BILLING CODE 3510-22-S