[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Notices]
[Pages 46607-46608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16359]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC04


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Amendment 29 to the Fishery Management Plan for the Reef Fish Resources 
of the Gulf of Mexico

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

ACTION: Notice; intent to prepare a draft environmental impact 
statement (DEIS); scoping meetings; request for comments.

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SUMMARY: NMFS, Southeast Region, in collaboration with the Gulf of 
Mexico Fishery Management Council (Council) intends to prepare a DEIS 
to describe and analyze management alternatives to be included in an 
amendment to the Fishery Management Plan for the Reef Fish Resources of 
the Gulf of Mexico. These alternatives will consider measures to 
rationalize effort and reduce overcapacity in the commercial grouper 
fishery to achieve and maintain optimum yield in the multi-species 
grouper fishery. The purpose of this notice of intent is to solicit 
public comments on the scope of issues to be addressed in the DEIS.

DATES: Written comments on the scope of issues to be addressed in the 
DEIS must be received by NMFS by September 20, 2007. Nine scoping 
meetings will be held in September 2007. See SUPPLEMENTARY INFORMATION 
for specific dates and times.

ADDRESSES: Written comments on the scope of the DEIS, suggested 
alternatives and potential impacts, and requests for additional 
information on the amendment should be sent to Sarah DeVido, National 
Marine Fisheries Service, Southeast Regional Office, 263 13th Avenue 
South, St. Petersburg, FL 33701-5511; telephone (727) 824-5305; fax 
(727) 824-5308. Comments may also be sent by email to 
[email protected].
    Requests for information packets and for sign language 
interpretation or other auxiliary aids should be directed to the Gulf 
of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 
1100, Tampa, FL 33607; telephone: 813-348-1630; fax: 813-348-1711. 
Requests may also be sent by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Sarah DeVido; phone: (727) 824-5305; 
fax: (727) 824-5308; email: [email protected].

SUPPLEMENTARY INFORMATION: Current regulatory measures used in the 
management of the grouper complex include a license limitation system, 
quotas, trip limits, minimum size limits, area/gear restrictions, and 
season closures. Nonetheless, the commercial grouper fishery has become 
overcapitalized which means the collective harvest capacity of 
participants is in excess of that required to efficiently harvest the 
commercial share of the total allowable catch. The overcapitalization 
observed in the fishery has caused commercial grouper regulations to 
become increasingly restrictive over time, intensifying derby 
conditions under which fishermen race to harvest as many fish as 
possible before the quota is reached. The intensification of derby 
conditions has, in some years, led to premature closures of the 
fishery.
    Incentives for overcapitalization and derby fishery conditions are 
expected to be maintained as long as the current management structure 
persists. Under this management structure, the commercial grouper 
fishery is expected to continue to be characterized by higher than 
necessary levels of capital investment, increased operating costs, 
increased likelihood of shortened seasons, reduced safety at-sea, wide 
fluctuations in grouper supply and depressed ex vessel prices. These 
conditions lead to deteriorating working conditions and profitability 
for participants.
    Therefore, NMFS, in collaboration with the Council will develop a 
DEIS to describe and analyze management alternatives to rationalize 
effort and reduce overcapacity in the commercial grouper fishery in 
order to achieve and maintain optimum yield in this multi-species 
fishery. These alternatives include, but are not limited to: 
elimination of latent permits, a buyback or buyout program, permit 
endorsements, an individual fishing quota program, or an individual 
transferable effort quota program.
    In accordance with NOAA's Administrative Order 216-6, Section 
5.02(c), Scoping Process, NMFS in collaboration with the Council has 
identified preliminary environmental issues as a means to initiate 
discussion for scoping purposes only. These preliminary issues may not 
represent the full range of issues that eventually will be evaluated in 
the EIS.
    NMFS, in collaboration with the Council, has scheduled the 
following nine scoping meetings to provide the

[[Page 46608]]

opportunity for additional public input: Biloxi, MS, on September 10, 
2007; New Orleans, LA, on September 10, 2007; Orange Beach, AL, on 
September 11, 2007; Galveston, TX, on September 11, 2007; Panama City, 
FL, on September 12, 2007; Palacios, TX, on September 12, 2007; Corpus 
Christi, TX, on September 13, 2007; Madeira Beach, FL, on September 17, 
2007; and Fort Myers Beach, FL, on September 18, 2007.
    Copies of an information packet will be available at the meetings 
and are available prior to the meetings from the Council (see 
ADDRESSES).
    All scoping meetings will begin at 7 p.m. The meetings will be 
physically accessible to people with disabilities. Requests for sign 
language interpretation or other auxiliary aids should be directed to 
the Council (see ADDRESSES).
    Once the DEIS associated with Amendment 29 is completed, it will be 
filed with the Environmental Protection Agency (EPA). The EPA will 
publish a notice of availability of the DEIS for public comment in the 
Federal Register. The DEIS will have a 45-day comment period. This 
procedure is pursuant to regulations issued by the Council on 
Environmental Quality (CEQ) for implementing the procedural provisions 
of the National Environmental Policy Act (NEPA; 40 CFR parts 1500-1508) 
and to NOAA's Administrative Order 216-6 regarding NOAA's compliance 
with NEPA and the CEQ regulations.
    NMFS will consider public comments received on the DEIS in 
developing the final environmental impact statement (FEIS) and before 
adopting final management measures for the amendment. NMFS will submit 
both the final amendment and the supporting FEIS to the Secretary of 
Commerce (Secretary) for review as per the Magnuson-Stevens Fishery 
Conservation and Management Act.
    NMFS will announce, through a notice published in the Federal 
Register, the availability of the final amendment for public review 
during the Secretarial review period. During Secretarial review, NMFS 
will also file the FEIS with the EPA and the EPA will publish a notice 
of availability for the FEIS in the Federal Register. This comment 
period will be concurrent with the Secretarial review period and will 
end prior to final agency action to approve, disapprove, or partially 
approve the amendment.
    NMFS will announce, through a notice published in the Federal 
Register, all public comment periods on the final amendment, its 
proposed implementing regulations, and the availability of its 
associated FEIS. NMFS will consider all public comments received during 
the Secretarial review period, whether they are on the final amendment, 
the proposed regulations, or the FEIS, prior to final agency action.

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

    Dated: August 14, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-16359 Filed 8-20-07; 8:45 am]
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