[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71605-71606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28017]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XL66


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Regulatory Amendment 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 of intent (NOI) to prepare a draft environmental impact 
statement (DEIS); notice of 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 a 
regulatory action taken under the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (Reef Fish FMP). These 
alternatives will consider measures to reduce the incidental take of 
sea turtles by the bottom longline component of the reef fish fishery. 
The purpose of this NOI 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 December 26, 2008. Scoping meetings 
will be held in December 2008. 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 action should be sent to Peter Hood, NMFS, 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 e-mail 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; Web site: www.gulfcouncil.org. Requests may also 
be sent by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Peter Hood, phone: (727) 824-5305; 
fax: (727) 824-5308; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: A 2005 Biological Opinion on the Gulf of 
Mexico (Gulf) reef fish fishery concluded the fishery's continued 
authorization is not likely to jeopardize the continued existence of 
any species listed under the Endangered Species Act (ESA). The 
Incidental Take Statement (ITS) anticipated takes of 85 loggerhead sea 
turtles over a three-year period for the bottom longline portion of the 
reef fish fishery and 203 loggerhead sea turtles for the entire 
fishery. Take was also anticipated for other sea turtle species and 
smalltooth sawfish.
    Beginning in 2006, NMFS has required vessels participating in the 
Gulf reef fish fishery to carry observers if selected to participate in 
the observer program. Observer data is collected from reef fish vessels 
as well as shark bottom longline vessels that also participate in the 
reef fish fishery. Currently, the program covers one percent of the 
fishery. From July 2006 through December 2007, observers documented 16 
loggerhead sea turtles and 2 unidentified hardshell sea turtles 
captured by longlines targeting reef fish in the eastern Gulf. Only 44 
percent of captured sea turtles were released alive. Based on these 
data and levels of effort from logbooks, NMFS estimated 902 hardshell 
sea turtle takes occurred during the 18-month study period in the 
eastern Gulf by reef fish bottom longline vessels.
    According to the ESA, reinitiation of a consultation on the effect 
a federal action has on listed species is necessary when ``the amount 
or extent of taking specified in the ITS is exceeded.'' The 18-month 
estimates from the NMFS study for bottom longlines in the eastern Gulf 
exceed the anticipated takes for all gear in the entire Gulf for three 
years. Accordingly, the Southeast Regional Office, Sustainable 
Fisheries Division, requested reinitiation of consultation for the Gulf 
reef fish fishery on September 3, 2008.
    At its October 2008 meeting, the Council decided to initiate 
regulatory action including measures to reduce the incidental take of 
sea turtles by the bottom longline component of the reef fish fishery. 
NMFS, in collaboration with the Council, will develop a DEIS to 
evaluate alternatives to accomplish this reduction. Those alternatives 
include, but are not limited to: a ``no action'' alternative; 
alternatives to develop time/area closures; alternatives for gear or 
bait modification; alternatives to expand the observer

[[Page 71606]]

program; and alternatives for effort limitation.
    In accordance with NOAA's Administrative Order 216-6, Section 
5.02(c), the Council has identified this preliminary range of 
alternatives 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 Environmental Impact 
Statement.
    The Council has scheduled the following scoping meetings to provide 
the opportunity for additional public input:
    1. Tuesday, December 9, 2008 Hilton Garden Inn, 1101 US Highway 
231, Panama City, FL 32405, phone: 850-392-1093;
    2. Wednesday, December 10, 2008 City of Madeira Beach, 300 
Municipal Drive, Madeira Beach, FL 33708, phone: 727-391-9951.
    Copies of the scoping document are available from the Council or 
can be downloaded from the Council Web site (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 the regulatory action 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 action. NMFS will submit 
both the final measures and the supporting FEIS to the Secretary of 
Commerce (Secretary) for review as per the Magnuson-Stevens Fishery 
Conservation and Management Act.

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

    Dated: November 20, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-28017 Filed 11-24-08; 8:45 am]
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