[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Notices]
[Pages 16846-16850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8364]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO53


Caribbean Fishery Management Council; Scoping Meetings

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

ACTION: Notice of Scoping Meetings.

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SUMMARY: The Caribbean Fishery Management Council will hold scoping 
meetings to obtain input from fishers, the general public, and the 
local agencies representatives on the Document for Amendment 2 to the 
Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and 
the U.S. Virgin Islands and Amendment X to the Reef Fish Fishery 
Management Plan of Puerto Rico and the U.S. Virgin Islands (Including 
the Final Environmental Impact Statement, Regulatory Impact Review, and 
Initial Regulatory Flexibility Analysis).

DATES AND ADDRESSES: The scoping meetings will be held on the following 
dates and locations:
    April 27, 2009, DoubleTree by Hilton San Juan, De Diego Avenue, San 
Juan, Puerto Rico
    April 28, 2009, Holiday Inn and Tropical Casino Ponce, 3315 Ponce 
By Pass, Ponce, Puerto Rico
    April 29, 2009, Sal[oacute]n B, Centro de Usos M[uacute]ltiples, 
Doctor L[oacute]pez and Cel[iacute]s Aguilera St., Fajardo, Puerto Rico
    May 4, 2009, Mayaguez Resort and Casino, Rd. 104, Km. 0.3, 
Mayaguez, Puerto Rico
    May 6, 2009, Community Center, Frenchtown, St. Thomas, U.S. Virgin 
Islands
    May 7, 2009, The Florence Williams Public Library, 1122 King 
Street, Christiansted, St. Croix, U.S. Virgin Islands.
    All meetings will be held from 7:00 p.m. to 10:00 p.m.

FOR FURTHER INFORMATION CONTACT: Caribbean Fishery Management Council, 
268 Mu[ntilde]oz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 
00918-1920, telephone (787) 766-5926.

SUPPLEMENTARY INFORMATION: The Caribbean Fishery Management Council 
will hold Scoping meetings to receive public input on the following 
management alternatives:

4.0 MANAGEMENT ALTERNATIVES

    The Management Alternatives for setting Annual Catch Limits (ACLs) 
for 4 species and species groups are presented below. The species 
groups for which Annual Catch Limits have to be set by 2010 are shown 
in the table below and include the Snapper Unit 1, Grouper Unit 4, 
parrotfish and queen conch. One species not discussed in the actions is 
Nassau grouper, which is undergoing overfishing and therefore, would 
require an ACL by 2010. No action is discussed for Nassau grouper 
because current regulations exist which prohibit the take of Nassau 
grouper in the U.S. Caribbean (both from the EEZ and state waters). 
Because of this prohibition on take, no further action is required to 
end or prevent overfishing. Similar to Nassau grouper, queen conch 
management alternatives are only discussed for the fishery in St. 
Croix. This is a result of current regulations in the U.S. Caribbean 
which prohibit the take of queen conch in the EEZ off Puerto Rico and 
St. Thomas/St. John.
    Other actions among the Management Alternatives include methods for 
modifying the reef fish FMU, setting recreational ACLs, methods for 
accounting for uncertainty, alternative methods for setting ACLs based 
on proxies for reducing fishing mortality, accountability measures, 
monitoring and enforcement, permits, and allowable fishing gear.

4.1 Action 1: Amending the Stock Complexes in the Reef Fish Fishery 
Management Unit

    Alternative 1. No Action. Do not change the stock complexes in the 
Reef Fish FMU
    Alternative 2. Modify the FMU by:
    Sub-alternative A. Separating the Parrotfish Unit into 2 complexes. 
Parrotfish Unit 1 would include princess, queen, redfin, redtail, 
stoplight, redband, and striped parrotfishes and Parrotfish Unit 2 
would include blue, midnight, and rainbow parrotfishes
    Sub alternative B. Separate Grouper Unit 4 into 2 complexes and add 
black grouper to Grouper Unit 4. Grouper Unit 4 would include 
yellowfin, red, tiger, and black grouper and Grouper Unit 5 would 
include yellowedge and misty grouper.
    Sub alternative C. Add cardinal snapper (Pristipomoides 
macrophthalmus) to Snapper Unit 2 (with the queen snapper) and move 
wenchman (Pristopomoides aquilonaris) into Snapper Unit 1.
    Alternative 3. Examine reef fish FMU and reassign species not 
targeted, retained, sold, or used for personal consumption as ecosystem 
component species.

[[Page 16847]]



----------------------------------------------------------------------------------------------------------------
             Complex                              Current                                Proposed
----------------------------------------------------------------------------------------------------------------
Snapper Unit 1                                                     Silk                                    Silk
                                                                  Black                                   Black
                                                               Blackfin                                Blackfin
                                                              Vermilion                               Vermilion
                                                                          Wenchman (Pristopomoides aquilonaris)
----------------------------------------------------------------------------------------------------------------
Snapper Unit 2                                                    Queen                                   Queen
                                  Wenchman (Pristopomoides aquilonaris)                                        Cardinal (Pristopomoides
                                                                                                macrophthalmus)
----------------------------------------------------------------------------------------------------------------
Snapper Unit 3                                                     Gray                                    Gray
                                                                   Lane                                    Lane
                                                                 Mutton                                  Mutton
                                                                    Dog                                     Dog
                                                           Schoolmaster                            Schoolmaster
                                                               Mahogany                                Mahogany
----------------------------------------------------------------------------------------------------------------
Snapper Unit 4                                       Yellowtail Snapper                      Yellowtail Snapper
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Grouper Unit 3                                                 Red hind                                Red hind
                                                                       Coney                                   Coney
                                                              Rock hind                               Rock hind
                                                                Graysby                                 Graysby
                                                                       Creole-fish
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Grouper Unit 4                                                Yellowfin                               Yellowfin
                                                                    Red                                     Red
                                                                  Tiger                                   Tiger
                                                             Yellowedge                                   Black
                                                                  Misty
----------------------------------------------------------------------------------------------------------------
Grouper Unit 5                    ......................................                       Yellowedge Misty
----------------------------------------------------------------------------------------------------------------
Parrotfish                                                         Blue                                Princess
                                                               Midnight                                   Queen
                                                               Princess                                  Redfin
                                                                  Queen                                 Redtail
                                                                Rainbow                               Stoplight
                                                                 Redfin                                 Redband
                                                                Redtail                                 Striped
                                                              Stoplight
                                                                Redband
                                                                Striped
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Parrotfish Unit 2                 ......................................                                   Blue
                                                                                                       Midnight
                                                                                                        Rainbow
----------------------------------------------------------------------------------------------------------------

4.2 Action 2: Annual Catch Limits for queen conch (Strombus gigas) off 
St. Croix

    Alternative 1. Do not set an ACL for queen conch off St. Croix
    Alternative 2. Set the ACL for queen conch off St. Croix equal to:
    Sub alternative A. Zero for the EEZ and do not establish a state 
water ACL.
    Sub alternative B. The average landings during 1994-2006 = 90,000 
pounds. The ACL would include both state and federal water landings.
    Sub alternative C. The current allowable catch level established by 
the U.S.V.I. government for St. Croix = 50,000 pounds. The ACL would 
include both state and federal water landings. The season for queen 
conch would run from November 1 - June 30, or until such time the ACL 
is met; additionally, there would be a 200 conch per boat limit.
    Sub alternative D. Zero in the EEZ. The state waters ACL would be 
set equal to the current allowable catch level established by the 
U.S.V.I. government for St. Croix = 50,000 pounds.

4.3 Action 3: Annual Catch Limits for Parrotfish Unit 1 and Parrotfish 
Unit 2

    Alternative 1. No Action.
    Sub Alternative A. Do not set an ACL for Parrotfish Unit 1 or 
Parrotfish Unit 2.
    Sub Alternative B. Do not establish an ACL for Parrotfish Unit 2, 
but include Parrotfish Unit 2 in the ACL for Parrotfish Unit 1.
    Alternative 2. For Parrotfish Unit 2:
    Sub alternative A. Set the ACL equal to zero in the EEZ and do not 
establish a state water ACL but rely on the data collection program 
described later in this document and revisit ACL for parrotfish 5 years 
after implementation.
    Sub alternative B. Set the ACL equal to zero in the EEZ and 
recommend to Puerto Rico and the U.S.V.I. that the ACL be set equal to 
zero in state waters.
    Alternative 3. Set the ACL for Parrotfish Unit 1 off Puerto Rico 
equal to:
    Sub alternative A. Zero for the EEZ and do not establish a state 
water ACL, but rely on the data collection program described later in 
this document and revisit ACL for parrotfish five years after 
implementation.
    Sub alternative B. The average landings during 1999-2006 = 80,000 
pounds (ACLG February 2009 recommendation)
    Sub alternative C. The average landings during 1994-2006 multiplied

[[Page 16848]]

by an uncertainty scalar (see Action 7 for uncertainty scalar).
    Alternative 4. Set the ACL for Parrotfish Unit 1 off St. Thomas/St. 
John equal to:
    Sub alternative A. Zero for the EEZ and do not establish a state 
water ACL, but rely on the data collection program described later in 
this document and revisit ACL for parrotfish five years after 
implementation.
    Sub alternative B. The average landings during 1999-2006 = 50,000 
pounds (ACLG February 2009 recommendation)
    Sub alternative C. The average landings during 1994-2006 multiplied 
by an uncertainty scalar (see Action 7 for uncertainty scalar).
    Alternative 5. Set the ACL for Parrotfish Unit1 off St. Croix equal 
to:
    Sub alternative A. Zero for the EEZ and do not establish a state 
water ACL, but rely on the data collection program described later in 
this document and revisit ACL for parrotfish five years after 
implementation.
    Sub alternative B. The average landings during 1999-2006 = 250,000 
pounds (ACLG February 2009 recommendation)
    Sub alternative C. The average landings during 1994-2006 multiplied 
by an uncertainty scalar (see Action 7 for uncertainty scalar).
    Sub alternative D. The average landings during 1976-1990 = 82,000 
pounds (discussed at the ACLG and SSCFebruary 2009 meeting).
    Sub alternative E. The average landings during 1983-1990 = 82,000 
pounds (SEFSC recommended time frame for pre-gillnet fishery).
    Alternative 6. Set the ACL for Parrotfish Unit1 in the U.S. 
Caribbean equal to:
    Sub alternative A. Zero for the EEZ and do not establish a state 
water ACL, but rely on the data collection program described later in 
this document and revisit ACL for parrotfish five years after 
implementation.
    Sub alternative B. The average landings during 1999-2006 = 380,000 
pounds
    Sub alternative C. The average landings during 1994-2006 multiplied 
by an uncertainty scalar (see Action 7 for uncertainty scalar).

4.4 Action 4: Annual Catch Limits for Grouper Unit 4

    Alternative 1. No Action. Do not set an ACL for Grouper Unit 4
    Alternative 2. Set the ACL for Grouper Unit 4 off Puerto Rico equal 
to:
    Sub alternative A. Zero in the EEZ and do not establish a state 
water ACL, but rely on the data collection program described later in 
this document and revisit ACL for Grouper Unit 4 five years after 
implementation.
    Sub alternative B. The average corrected landings for identified 
Grouper Unit 4 species during 1994-2006 = 10,000 pounds. The ACL would 
include both state and federal water landings.
    Sub alternative C. The average corrected landings for identified 
Grouper Unit 4 species during 1994-2006 plus the average proportional 
corrected landings estimate for Grouper Unit 4 species landed in the 
generic ``Sea Basses'' category during 1994-2006 = 15,000 pounds.
    Sub alternative D. A sufficient level of catch for collecting 
needed data on the fishery. This catch level would be established by 
SEFSC, in cooperation with Puerto Rico, for purposes of scientific data 
collection.
    Alternative 3. Set the ACL for Grouper off St. Thomas/St. John at:
    Sub alternative A. Zero for the EEZ off St. Thomas/St. John and do 
not establish a state water ACL, but rely on the data collection 
program described later in this document and revisit ACL for Grouper 
Unit 4 five years after implementation.
    Sub alternative B. The average landings during 1994 - 2006 for all 
grouper species = 61,000 pounds as part of a grouper ACL
    Sub alternative C. The average landings during 1994 - 2006 for all 
grouper species multiplied by an uncertainty scalar (see Action 7 for 
uncertainty scalar).
    Alternative 4. Set the ACL for grouper off St. Croix at:
    Sub alternative A. Zero for the EEZ off St. Croix and do not 
establish a state water ACL, but rely on the data collection program 
described later in this document and revisit ACL for Grouper Unit 4 
five years after implementation.
    Sub alternative B. The average landings during 1994 - 2006 for all 
grouper species = 32,000 pounds as part of a grouper ACL
    Sub alternative C. The average landings during 1994 - 2006 for all 
grouper species multiplied by an uncertainty scalar (see Action 7 for 
uncertainty scalar).
    Alternative 5. Set the ACL for grouper in the U.S. Caribbean equal 
to:
    Sub alternative A. Zero for the EEZ and do not establish a state 
water ACL, but rely on the data collection program described later in 
this document and revisit ACL for parrotfish five years after 
implementation.
    Sub alternative B. The average landings during 1999-2006 = 203,000 
pounds
    Sub alternative C. The average landings during 1994-2006 multiplied 
by an uncertainty scalar (see Action 7 for uncertainty scalar).

4.5 Action 5: Annual Catch Limits for Snapper Unit 1

    Alternative 1. No Action. Do not set an ACL for Snapper Unit 1
    Alternative 2. Set the ACL for Snapper Unit 1 off Puerto Rico equal 
to:
    Sub alternative A. Zero for the EEZ and do not establish a state 
waters ACL, but rely on the data collection program described later in 
this document and revisit ACL for Snapper Unit 1 five years after 
implementation.
    Sub alternative B. The average corrected landings for identified 
Snapper Unit 1 species during 1999-2006 = 300,000 pounds
    Sub alternative C. The average corrected landings for identified 
silk snapper during 1999-2006 = 200,000 pounds for silk snapper. Silk 
snapper would be the indicator species for Snapper Unit 1.
    Sub alternative D. The Average landings for 1999-2006 for the 
current Snapper Unit 1 plus the average landings for wenchman for 1999-
2006 = 300,000 pounds
    Sub alternative E. The Average landings for 1994-2006 for the 
current Snapper Unit 1 plus the average landings for wenchman for 1994-
2006 = 355,000 pounds
    Sub alternative F. The average 1999-2006 landings for identified 
Snapper Unit 1 species plus the average landings for wenchman during 
1999-2006 plus the average proportional corrected landings estimate for 
Snapper Unit 1 species landed in the generic ``Snapper'' category 
during 1999-2006 = 316,000 pounds.
    Sub alternative G. The average 1994-2006 landings for identified 
Snapper Unit 1 species plus the average landings for wenchman during 
1994-2006 plus the average proportional corrected landings estimate for 
Snapper Unit 1 species landed in the generic ``Snapper'' category 
during 1994-2006 = 374,000 pounds.
    Sub alternative H. 1.2 times the value selected from sub 
alternative B-G.
    Alternative 3. Set the ACL for snapper off St. Thomas/St. John at:
    Sub alternative A. Zero for the EEZ off St. Thomas/St. John and do 
not establish a state waters ACL, but rely on the data collection 
program described later in this document and revisit ACL for Snapper 
Unit 1 five years after implementation.

[[Page 16849]]

    Sub alternative B. The average landings during 1994 - 2006 for all 
snapper species =160,000 pounds as part of a Snapper ACL
    Sub alternative C. The average landings during 1994 - 2006 for all 
snapper species multiplied by an uncertainty scalar (see Action 7 for 
uncertainty scalar).
    Alternative 4. Set the ACL for snapper off St. Croix at:
    Sub alternative A. Zero for the EEZ off St. Croix and do not 
establish a state waters ACL, but rely on the data collection program 
described later in this document and revisit ACL for Snapper Unit 1 
five years after implementation.
    Sub alternative B. The average landings during 1994 - 2006 for all 
snapper species =112,000 pounds
    Sub alternative C. The average landings during 1994 - 2006 for all 
grouper species multiplied by an uncertainty scalar (see Action 7 for 
uncertainty scalar).
    Alternative 5. Set the ACL for snapper in the U.S. Caribbean equal 
to:
    Sub alternative A. Zero for the EEZ off St. Croix and do not 
establish a state waters ACL, but rely on the data collection program 
described later in this document and revisit ACL for Snapper Unit 1 
five years after implementation.
    Sub alternative B. The average landings during 1994 - 2006 for all 
snapper species =1,529,000 pounds
    Sub alternative C. The average landings during 1994 - 2006 for all 
snapper species multiplied by an uncertainty scalar (see Action 7 for 
uncertainty scalar).

4.6 Action 6: Annual Catch Limits for the Recreational Sector

    Alternative 1. No Action. Do not set ACLs for the Recreational 
Sector
    Alternative 2. Use Puerto Rico recreational average landings data 
from MRFSS during 2000-2007 to set recreational ACLs in the EEZ and 
state waters of Puerto Rico for Snapper Unit 1, Grouper Unit 4, and 
Parrotfishes. Use the proportion of Puerto Rican recreational landings 
relative to the total of recreational and commercial Puerto Rican 
landings to set an ACL proxy in the EEZ and state waters for the USVI 
Recreational Fishery. For the USVI, proportions would be assigned to 
fish family (e.g., groupers, snappers, parrotfishes), until sufficient 
landings data are available to specify ACLs by unit. ACLs would equal 
zero for queen conch in the EEZ off St. Thomas/St. John and Puerto 
Rico; the recreational ACL for queen conch in the EEZ off St. Croix 
would be XXX (will depend on Council's choice for commercial ACL in St. 
Croix). All island based recreational ACLs for Nassau grouper would 
equal zero.
    Alternative 3. Use Puerto Rico recreational average landings data 
from MRFSS during 2000-2007 to set recreational ACLs in the EEZ and 
state waters for Snapper Unit 1, Grouper Unit 4, and Parrotfishes. Use 
the proportion of Puerto Rican recreational landings relative to the 
total of recreational and commercial Puerto Rican landings to set an 
ACL proxy in the EEZ.
    Alternative 4. Do not establish a recreational ACL in the USVI EEZ 
and state waters, but use the Commercial ACL for each unit or family as 
a proxy for the ACL for all sectors in the fishery.
    Alternative 5. Set the recreational ACL in the USVI equal to 10% of 
each islands commercial ACL.
    Alternative 6. Establish a separate charter boat sector ACL based 
on MRFSS data for Puerto Rico.

4.7 Action 7: Accounting for Uncertainty

    Alternative 1. No Action. Set the ACL at the level specified in the 
previous actions
    Alternative 2. In the USVI, for ACLs based on average catch, use:
    Sub alternative A. 90% of the specified level in the previous 
actions to adjust for uncertainty.
    Sub alternative B. 75% of the specified level in the previous 
actions to adjust for uncertainty (recommendation from the national SSC 
meeting).
    Sub alternative C. 70% of the specified level in the previous 
actions to adjust for uncertainty.
    Sub Alternative D. 50% of the specified level in the previous 
actions to adjust for uncertainty (recommendation from the national SSC 
meeting).
    Alternative 3. In Puerto Rico, use:
    Sub alternative A. 82% of the specified level in the previous 
actions to adjust for uncertainty (based on the ratio of the reported 
landings versus the 85% CI for calculated landings in Puerto Rico 
across all species groups by year).
    Sub alternative B. 78% of the specified level in the previous 
actions to adjust for uncertainty (based on the ratio of the reported 
landings versus the 90% CI for calculated landings in Puerto Rico 
across all species groups by year).
    Sub alternative C. 75% of the specified level in the previous 
actions to adjust for uncertainty (based on the ratio of the reported 
landings versus the 95% CI for calculated landings in Puerto Rico 
across all species groups by year).

4.8 Action 8: Alternative Methods for Reducing Fishing Mortality and 
Establishing ACL Proxies

    Alternative 1. No Action. Do not implement alternative methods for 
reducing fishing mortality by establishing proxies for ACLs
    Alternative 2. Extend Area Closures in the U.S. Caribbean EEZ to 
account for 40% of fishable bottom in the EEZ
    Alternative 3. Extend Area Closures in the U.S. Caribbean EEZ to 
account for 30% of fishable bottom in the EEZ
    Alternative 4. Extend Area Closures in the U.S. Caribbean EEZ to 
account for XX% of fishable bottom in the EEZ as determined by the 
SEFSC
    Alternative 5. Work with fishermen to develop measure to reduce 
fishing effort towards F=Fmsy.

4.9 Action 9: Permits

    Alternative 1. No Action. Do not establish a permit system for 
fishing in the EEZ
    Alternative 2. Require a federal permit for fishing in the EEZ.
    Sub Alternative A. Require a federal permit for recreational 
fishing in the EEZ.
    Sub Alternative B. Require a federal permit for commercial fishing 
in the EEZ.
    Sub Alternative C. Require the use of trap tags for all (lobster 
and fish) trap fisheries in the EEZ.
    Sub Alternative D. Require a federal permit for charter boats 
fishing in the EEZ.
    Alternative 3. Require a federal permit to sell Council managed 
species.
    Alternative 4. Require a federal permit to purchase Council managed 
species.

4.10 Action 10: Monitoring and Enforcement of Annual Catch Limits

    Alternative 1. No Action. Set the ACL at the level specified in the 
previous actions.
    Alternative 2. Require any person landing Council managed species 
to submit an appropriate data collection form, as developed by the 
SEFSC or the Council's SSC, after every trip with enough detail such 
that CPUE per species can be calculated for each gear.
    Alternative 3. Require any federal permit holder to submit an 
appropriate data collection form, as developed by the SEFSC or the 
Council's SSC, after every trip with enough detail such that CPUE per 
species can be calculated for each gear.
    Alternative 4. Develop an updated catch report form in coordination 
with the SEFSC, local and territorial governments, fishermen, and the 
Council's SSC which has enough detail

[[Page 16850]]

such that CPUE per species can be calculated for each gear.

4.11 Action 11: Accountability Measures

    Alternative 1. No Action. Do not establish Accountability Measures.
    Alternative 2. Implement accountability measures for exceeding an 
ACL based on:
    Sub alternative A. A single year of landings/catch.
    Sub alternative B. A 2-year average of landings/catch.
    Sub alternative C. A 3-year average of landings/catch.
    Alternative 3. Reduce the fishing season in the following year by a 
length determined to be appropriate to account for exceeding the ACL.
    Alternative 4. Increase the size of closed areas as identified in 
Action 9 by an appropriate amount to account for exceeding the ACL.
    Alternative 5. For queen conch exceedences in St. Croix, close the 
EEZ to queen conch harvest.
    Alternative 6. Reduce the ACL in the subsequent fishing year by an 
amount equal to an overage in the previous year.

4.12 Action 12: Allowable Gear for Reef Fish

    Alternative 1. No Action. Do not alter allowable gear in the U.S. 
Caribbean
    Alternative 2. Review the list of allowable gear under 50 CFR 
600.725

4.13 Action 13: Establish Framework Measures for ACLs and AMs in the 
Reef Fish FMP.

    Alternative 1. No Action. Do not establish a framework for ACLs and 
AMs
    Alternative 2. Establish a framework procedure for setting and 
adjusting ACLs and AMs

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. For more information or request for sign language 
interpretation and other auxiliary aids, please contact Mr. Miguel A. 
Rol[oacute]n, Executive Director, Caribbean Fishery Management Council, 
268 Mu[ntilde]oz Rivera Avenue, Suite 1108, San Juan, Puerto Rico, 
00918-1920, telephone (787) 766-5926, at least five days prior to the 
meeting date.

    Dated: April 8, 2009
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-8364 Filed 4-10-09; 8:45 am]
BILLING CODE 3510-22-S