[Federal Register Volume 68, Number 213 (Tuesday, November 4, 2003)]
[Proposed Rules]
[Pages 62422-62423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27686]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 102803A]
RIN 0648-AP03


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 13A

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

ACTION:  Notice of availability of an amendment to a fishery management 
plan; request for comments.

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SUMMARY:  The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 13A to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review, 
approval, and implementation by NMFS. The amendment would extend the 
current prohibitions on fishing for South Atlantic snapper-grouper in 
the experimental closed area and on retaining such species in or from 
the area. The experimental closed area constitutes a portion of the 
Oculina Bank Habitat Area of Particular Concern (HAPC), which is in the 
exclusive economic zone (EEZ) in the Atlantic Ocean off Ft. Pierce, FL.

DATES:  Written comments must be received on or before January 5, 2004.

ADDRESSES:  Written comments on Amendment 13A must be sent to Julie 
Weeder, 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.
    Copies of Amendment 13A may be obtained from the South Atlantic 
Fishery Management Council, One Southpark Circle, Suite 306, 
Charleston, SC 29407-4699; phone: 843-571-4366 or toll free at 1-866-
SAFMC-10; fax: 843-769-4520; e-mail: [email protected]. Amendment 13A 
includes an Environmental Assessment (EA), an Initial Regulatory 
Flexibility Analysis that was supplemented by NMFS, a Regulatory Impact 
Review, and a Social Impact Assessment/Fishery Impact Statement.

FOR FURTHER INFORMATION CONTACT:  Julie Weeder. telephone: 727-570-
5753, fax: 727-570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern 
Atlantic states is managed under the FMP. The FMP was prepared by the 
Council and is implemented under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) by 
regulations at 50 CFR part 622.
    The Magnuson-Stevens Act requires a regional fishery management 
council to submit an amendment to a fishery management plan to NMFS for 
review, approval, disapproval, or partial approval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an amendment, 
publish a notice in the Federal Register stating that the amendment is 
available for public review and comment.

Background

    In Amendment 6 to the FMP the Council proposed prohibitions on 
fishing for South Atlantic snapper-grouper in what is currently known 
as the experimental closed area and on retaining such species in or 
from the area. NMFS approved these prohibitions, and they became 
effective June 27, 1994 (59 FR 27242, May 26, 1994). In the 
experimental closed area, any South Atlantic snapper-grouper taken 
incidentally by hook-and-line gear must be released immediately by 
cutting the line without removing the fish from the water.
    The experimental closed area is slightly less than 92 square 
nautical miles in the EEZ offshore from Ft. Pierce to Sebastian Inlet, 
FL. The geographical coordinates are specified at 50 CFR 622.35(c)(2). 
The experimental closed area constitutes a portion of the southern part 
of the Oculina Bank HAPC. In the entire HAPC no person may: (1) use a 
bottom longline, bottom trawl, dredge, pot, or trap; (2) if aboard a 
fishing vessel, anchor, use an anchor and chain, or use a grapple and 
chain; or (3) fish for rock shrimp or possess rock shrimp in or from 
the area on board a fishing vessel.

[[Page 62423]]

    Both the proposed and final rules for Amendment 6 stated that the 
measures applicable to the experimental closed area ''... will 
``sunset'' after 10 years if not reauthorized by the Council.'' (59 FR 
9721, March 1, 1994 and 59 FR 27242, May 26, 1994, respectively).
    Measures applicable to the experimental closed area were intended 
to enhance stock stability and increase recruitment of South Atlantic 
snapper-grouper by providing an area where deepwater snapper-grouper 
species could grow and reproduce without being subjected to fishing 
mortality. The measures were based on the Council's concern that 
traditional fishery management measures, such as minimum size limits 
and quotas, might not be sufficient to protect fully the snapper-
grouper resources. The Council believed the measures would provide 
protection for overfished species in the management unit while 
minimizing adverse impacts upon user groups.
    Based on limited information, there appear to be some encouraging 
signs of positive biological impacts from the initial nine-year 
prohibition of fishing for snapper-grouper species within the 
experimental closed area since it was established in 1994. A study 
conducted in 2001 found that, in the few areas where habitat remained 
intact, there were more and larger groupers than observed in a 1995 
study, and male gag and scamp were also common. The observation of male 
gag and scamp is particularly of interest because size, age, and 
proportion of males of these species have declined both in the Gulf of 
Mexico and South Atlantic regions. Other encouraging signs include the 
observation of juvenile speckled hind, which is a candidate species for 
listing under the Endangered Species Act. However, species in the 
management unit remain overfished and continued protection is required.

Proposed Actions

    Amendment 13A proposes to continue the current measures applicable 
to the experimental closed area indefinitely. The Council would review 
the configuration and size of the experimental closed area within 3 
years of the publication date of the final rule that would implement 
Amendment 13A and would re-evaluate all measures applicable to the area 
after 10 years.
    The Council believes these actions provide the most biological, 
social, and economic benefits while allowing for adaptive management. 
Extending the prohibition on fishing for snapper-grouper species in the 
experimental closed area for an indefinite period will continue to 
protect snapper-grouper populations and protect Oculina coral and 
associated habitat. Such extension will also provide a hedge against 
the high degree of scientific uncertainty associated with the status of 
snapper-grouper species and reduce the possibility that these 
populations may fall below sustainable levels. Economically it is 
expected that the long-term benefits, such as ``insurance'' against the 
uncertainty of stock assessments and the non-use benefits of extending 
the prohibitions on snapper-grouper fishing in the closed area, 
outweigh the short-term benefits of opening the area to harvest. These 
measures are also expected to provide the most long-term positive 
social impacts because they allow for adaptive management which can be 
seen as an assurance to the public that the area will be monitored and 
reviewed. Should the Council find after the 3-year review on size and 
configuration that the boundaries of the area are not appropriate, they 
can be changed at that time. In addition, the 10-year re-evaluation 
period will assure the public that the area will not be closed and 
forgotten.
    Additional background and rationale for the measures discussed 
above are contained in Amendment 13A.

Proposed Rule

    A proposed rule that would implement the measures in Amendment 13A 
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.

Consideration of Public Comments

    Comments received by the end of the comment period of the notice of 
availability of the FMP, whether specifically directed to the FMP or 
the proposed rule, will be considered by NMFS in its decision to 
approve, disapprove, or partially approve Amendment 13A. Comments 
received after that date will not be considered by NMFS in this 
decision. All comments received by NMFS on Amendment 13A 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: October 29, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-27686 Filed 11-3-03; 8:45 am]
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