[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Proposed Rules]
[Pages 8494-8495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4021]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-XN22


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Bottom Longline Petition

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

ACTION: Announcement of receipt of petitions for rulemaking; request 
for comments.

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SUMMARY: NMFS announces the receipt of two petitions for rulemaking 
from several non-governmental organizations (NGOs). These petitions 
request NMFS take specific actions to address sea turtle interactions 
in the bottom longline component of the commercial reef fish fishery.

DATES: Comments will be accepted through March 27, 2009.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``0648-XN22'' by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
     Fax: 727-824-5308; Attention: Peter Hood.
     Mail: Peter Hood, Southeast Regional Office, NMFS, 263 
13\th\ Avenue South, St. Petersburg, FL 33701.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2009-0031'' in the keyword 
search, then select ``Send a Comment or Submission.'' NMFS will accept 
anonymous comments (enter N/A in the required fields, if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    Copies of the petitions may be obtained from Peter Hood at the 
address specified above.

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

SUPPLEMENTARY INFORMATION: Oceana has petitioned the Gulf of Mexico 
Fishery Management Council (Council) and NMFS to implement emergency 
regulations for the bottom longline component of the Gulf of Mexico 
(Gulf) reef fish fishery to mitigate the high levels of loggerhead sea 
turtle bycatch in the fishery and to implement appropriate long-term 
actions, through an amendment to the Fishery Management Plan for Reef 
Fish Resources of the Gulf of Mexico (FMP), to ensure adequate 
protection for the loggerhead sea turtle populations. The Oceana 
petition specifically requests NMFS prohibit the use of reef fish 
bottom longline gear in waters shallower than 55 fathoms (100m) in the

[[Page 8495]]

Gulf of Mexico to protect loggerhead sea turtles within the depths 
where all observed takes have occurred, and that NMFS prohibit the use 
of squid as bait when fishing with reef fish bottom longlines in waters 
deeper than 55 fathoms (100m) to further reduce the possibility of 
takes.
    Another petition from the Center for Biological Diversity, 
Defenders of Wildlife, Earthjustice, Caribbean Conservation 
Corporation, Gulf Restoration Network, and Turtle Island Restoration 
Network alleges NMFS has violated the Endangered Species Act (ESA) by 
allowing the bottom longline component of the reef fish fishery to 
continue to operate given evidence it has exceeded its take based on 
the incidental take statement (ITS) from a 2005 biological opinion 
(opinion). This petition requests that NMFS close the bottom longline 
component of the Gulf reef fish fishery immediately until NMFS has put 
in place sufficient measures to protect loggerhead sea turtles 
consistent with the guidelines of the ESA.
    According to the petitions filed by the NGOs, the reasons sea 
turtle bycatch by reef fish bottom longlines requires emergency action 
are:
    (1) A NMFS report released in 2008 suggests loggerhead sea turtle 
take has exceeded that allowed by the ITS from a 2005 opinion. The 
opinion concluded continued authorization of the Gulf of Mexico reef 
fish fishery managed under the FMP was not likely to jeopardize the 
continued existence of sea turtles and smalltooth sawfish. An ITS was 
issued in the opinion specifying anticipated sea turtle and smalltooth 
sawfish take on a 3-year basis. For loggerhead sea turtles, the 
anticipated 3-year incidental take for the Gulf reef fish bottom 
longline fishery was 85 takes, of which 42 would be lethal. The 2008 
NMFS report using observer data estimated the level of take during an 
18-month period was between 411-1,983 hard-shell sea turtles, primarily 
comprised of loggerheads.
    (2) Information from the Florida Fish and Wildlife Conservation 
Commission shows declining trends in the number of nesting loggerhead 
sea turtles on Florida beaches. Loggerhead nesting at Florida index 
nesting beaches has declined 40 percent between 1989 and 2008. These 
declines have been interpreted as a possible decline in the sub-adult 
and adult population.
    (3) By not taking action, NMFS is in violation of the Endangered 
Species Act (ESA). Specifically, the petitioners allege NMFS cannot 
ensure against jeopardy by continuing to authorize Gulf reef fish 
bottom longline fishing without having assessed the impacts of 
excessive take by the fishery in violation of ESA section 7(a)(2). They 
also allege that by allowing the fishery to continue, NMFS is allowing 
loggerhead sea turtle take to continue in violation of ESA sections 
7(d) and 9.
    Comments received will be considered by NMFS in determining whether 
to proceed with the development of regulations suggested by the 
petitions. Upon determining whether to open the rulemaking suggested by 
the petition, the Assistant Administrator Fisheries, NOAA, will publish 
a notice of the agency's decision or action in the Federal Register.
    Additionally, the Council has requested that NMFS implement 
emergency regulations to address the sea turtle bycatch in the bottom 
longline component of the commercial reef fish fishery. Specifically, 
they requested that fishing with bottom longlines for reef fish be 
prohibited inside of 50 fathoms (91.4 m) in the eastern Gulf of Mexico. 
NMFS is considering the Council's request that it implement these 
restrictions independently from its consideration of the NGO's petition 
for rulemaking.

    Dated: February 19, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E9-4021 Filed 2-24-09; 8:45 am]
BILLING CODE 3510-22-S