[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Notices]
[Pages 57307-57308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19811]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC75


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Amendment 3 to the Fishery Management Plan for the Spiny Lobster 
Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 4 to 
the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. 
Virgin Islands

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: The Caribbean Fishery Management Council (Council)in 
conjunction with NMFS intends to prepare a DEIS to describe and analyze 
management alternatives to be included in a joint amendment to the 
Fishery Management Plan (FMP) for the Spiny Lobster Fishery of Puerto 
Rico and the U.S. Virgin Islands (USVI) and the FMP for the Reef Fish 
Fishery of Puerto Rico and the USVI. These alternatives will consider 
measures to implement escape vents in the trap fishery sector of both 
fisheries. 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 the Council or NMFS (see ADDRESSES below) by 
November 8, 2007. A series of scoping meetings will be held in October 
2007. See SUPPLEMENTARY INFORMATION below for the specific dates, 
times, and locations of the scoping meetings.

ADDRESSES: You may submit comments on the proposed rule by any of the 
following methods:
     E-mail: [email protected]. Include in the 
subject line the following document identifier: 0648-XC75.
     Mail: Jason Rueter, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
     Fax: 727-824-5308.
     Mail: Graciela Garcia-Moliner, Caribbean Fishery 
Management Council, 268 Mu[ntilde]oz Rivera Avenue, Suite 1108, San 
Juan, PR 00918-25772203;
     Fax: 787-766-6239.
     E-mail: [email protected].

[[Page 57308]]


FOR FURTHER INFORMATION CONTACT: Graciela Garcia-Moliner; phone: 787-
766-5927; fax: 787-766-6239; e-mail: [email protected]; 
or Jason Rueter; phone: 727-824-5350; fax: 727-824-5308; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Many species of fish in the reef fish 
fishery in Puerto Rico and the USVI are believed to be overexploited, 
largely due to trap fishing and bycatch associated with this fishery. 
Landings from the trap fishery have continuously decreased since 1990 
in Puerto Rico; species composition has changed; and size frequency of 
some fish has decreased over the last 10 years. These effects have been 
attributed to excessive trap fishing effort, lack of compliance with 
trap construction requirements (i.e., fishers often do not use the 
required biodegradable fasteners on trap doors), use of other gears by 
commercial fishers (e.g., gill nets), and the lack of escape panels in 
traps which would allow smaller fishes to escape, resulting in high 
mortality of juveniles and a loss of long-term potential yield.
    According to the NMFS Report on the Status of the U.S. Fisheries 
for 2006, five stocks are undergoing overfishing, four are overfished, 
and two are approaching an overfishing condition. The five stocks 
undergoing overfishing are Grouper Unit 1 (Nassau grouper), Grouper 
Unit 4 (red, yellowedge, misty, tiger, and yellowfin grouper), Snapper 
Unit 1 (silk, blackfin, black, and vermilion snapper), parrotfishes, 
and queen conch. The four stocks that are overfished are Grouper Unit 1 
(Nassau grouper), Grouper Unit 2 (goliath grouper), Grouper Unit 4 
(red, yellowedge, misty, tiger, and yellowfin grouper), and queen 
conch. The two stocks approaching an overfished condition are Snapper 
Unit 1 (silk, blackfin, black, and vermilion snapper) and parrotfishes. 
All of the finfish species and spiny lobster are susceptible to trap 
capture at some life history stage, particularly the juvenile stage.
    Under current fishing practices, bycatch and the associated 
mortality of bycatch is not expected to be reduced sufficiently in the 
reef fish or spiny lobster trap fisheries. Without a reduction in 
bycatch, those stocks experiencing overfishing may become overfished, 
and those stocks overfished may not meet the goals of the rebuilding 
plan set forth in the Sustainable Fisheries Act Amendment of 2005. 
Therefore, the use of escape panels as a management tool is proposed in 
this amendment to help achieve the necessary reductions in fishing 
mortality among the species harvested by traps.
    The Council in conjunction with NMFS will develop a DEIS to 
describe and analyze management alternatives to implement escape panels 
in the trap sector of both fisheries. The DEIS will provide updates to 
the best available scientific information regarding the reef fish 
complex and the spiny lobster stock, and based on the information, the 
Council, in conjunction with NMFS, will determine what actions and 
alternatives are necessary to protect reef fishes and spiny lobster. 
Those alternatives may include, but are not limited to: a ``no action'' 
alternative regarding the fisheries, which would not require escape 
vents; alternatives to require one escape panel of various sizes and 
shapes in traps; and an alternative requiring two escape panels of 
various sizes and shapes.
    In accordance with NOAA's Administrative Order NAO 216-6, Section 
5.02(c), the Council, in conjunction with NMFS, has identified this 
preliminary range of alternatives as a means to initiate discussion for 
scoping purposes only. This may not represent the full range of 
alternatives that eventually will be evaluated by the Council and NMFS.
    Once the Council and NMFS completes the DEIS associated with the 
amendment to the Caribbean reef fish and spiny lobster FMPs, NMFS will 
submit the DEIS for filing 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.
    The Council and 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. The 
Council will submit both the final joint amendment and the supporting 
FEIS to NMFS for review under the Magnuson-Stevens Fishery Conservation 
and Management Act, i.e., Secretarial review.
    NMFS will announce, through a notice published in the Federal 
Register, the availability of the final joint amendment for public 
review during the Secretarial review period. During Secretarial review, 
NMFS will also file the FEIS with the EPA for a final 30-day public 
comment period. 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 final joint amendment.
    NMFS will announce, through a notice published in the Federal 
Register, all public comment periods on the final joint amendment, its 
proposed implementing regulations, and 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.

Scoping Meeting Dates, Times, and Locations

    All scoping meetings are scheduled to be held from 7 p.m. to 10 
p.m. The meetings will be physically accessible to people with 
disabilities. Request for sign language interpretation or other 
auxiliary aids should be directed to the Council (see ADDRESSES).
    October 16--Windward Passage Hotel, Charlotte Amalie, St. Thomas, 
USVI.
    October 17--Buccaneer Hotel, Christiansted, St Croix, USVI.
    October 23--Pierre Hotel, De Diego Avenue, San Juan, PR.
    October 24--Ponce Golf and Casino Resort, 1150 Caribe Avenue, 
Ponce, PR.
    October 25--Mayaguez Holiday Inn, 2701 Highway 2, 
Mayaguez, PR.

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

    Dated: October 2, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-19811 Filed 10-5-07; 8:45 am]
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