[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Pages 39095-39097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18754]


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DEPARTMENT OF THE INTERIOR

National Park Service


Fishery Management Plan, Draft Environmental Impact Statement, 
Biscayne National Park, FL

AGENCY: National Park Service, Interior.

ACTION: Notice of Availability of a Draft Environmental Impact 
Statement for the Fishery Management Plan, Biscayne National Park.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 
1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS) announces 
the availability of a Draft Environmental Impact Statement (DEIS) for 
the Fishery Management Plan (FMP) for Biscayne National Park, Florida.

DATES: The NPS will accept comments on the DEIS from the public for 60 
days from the date the Environmental Protection Agency notices the 
availability of the DEIS in its regular Friday Federal Register 
listing. Public meetings will be held during the review period to 
facilitate submission of public comment. Once scheduled, meeting dates 
will be announced via (1) park mailings, (2) the park's website (http://www.nps.gov/bisc/), (3) a press release to area media, and (4) 
announcements in area newspapers.

ADDRESSES: Information will be available for public review and comment 
online at the NPS Planning, Environment and Public Comment site (http://parkplanning.nps.gov), and in the office of Mark Lewis, Superintendent 
of Biscayne National Park, 9700 SW. 328th Street, Homestead, Florida 
33033.

SUPPLEMENTARY INFORMATION: In response to a variety of scientific data 
sources that indicated declining fisheries resources in Biscayne 
National Park, the NPS held public and

[[Page 39096]]

stakeholder meetings and consulting party meetings to gather advice and 
feedback on the current status of the park's fisheries resources and 
the desired outcomes for the future management of fisheries resources 
in Biscayne National Park. The State of Florida's Fish and Wildlife 
Conservation Commission (FWS) is serving as a cooperating agency. The 
NPS also received recommendations from a working group formed under the 
authority of the Florida Keys National Marine Sanctuary Advisory 
Council. The NPS coordinated with representatives of State and Federal 
agencies and local universities to examine current scientific data on 
fisheries resources in Biscayne National Park. The outcomes of the 
public meetings, working group meetings, and inter-agency meetings were 
collectively incorporated into the development of alternatives for the 
DEIS for the FMP and the selection of the NPS's preferred alternative.
    The range of alternatives identified in the DEIS for the FMP 
includes actions that could reasonably be implemented given the 
legislative and legal requirements under which the NPS operates. The 
No-Action Alternative, Alternative 1--Maintain Status Quo, represents 
no change in specific management approaches or the type of actions the 
NPS has taken in the past. The four action alternatives (Alternatives 2 
to 5) represent progressively increasing levels of change from current 
regulations and management approaches, and thus would result in 
differing future levels of fishery resources and gear-related habitat 
impacts in Biscayne National Park. Each alternative is summarized 
below.
    Alternative 1, Maintain Status Quo: The No-Action Alternative 
serves as a basis of comparison with the other alternatives. 
Alternative 1 is characterized by the continuation of current fisheries 
management according to the park's enabling legislation, the 
established NPS management policies and existing authorities, and in 
conjunction with State fishery regulations. No regulatory changes would 
be triggered by the establishment of the FMP. Regulatory changes would 
occur only if mandated by the State of Florida FWS following its normal 
rule-making process, or through the Federal regulatory and public 
review process.
    Alternative 2, Maintain at or Above Current Levels: A minor change 
from current management strategies would occur. Management actions 
would be enacted (in conjunction with the State of Florida FWS) to 
maintain Biscayne National Park's fisheries resources at or above 
currently existing levels. As needed, management actions would be 
implemented (in conjunction with the State of Florida FWS) and could 
include moderate increases in minimum harvest sizes, moderate decreases 
in bag limits, and seasonal and/or spatial closures. Numbers of 
commercial fishers would remain at current levels or decrease over 
time, and fishing-related habitat impacts would be reduced. Additional 
park-specific regulations and management actions would be enacted to 
maintain current levels only if levels of fish stocks or recreational 
fishing experience decline, or if fishing-related habitat impacts 
increase.
    Alternative 3, Improve Over Current Levels: A moderate change from 
current management strategies would seek a balance between enjoyment, 
extraction, and conservation of fishery resources. Management actions 
would be enacted (in conjunction with the State of Florida FWS) to 
increase the abundance and average size of fishery-targeted species 
within the park by at least 10 percent over existing conditions. A 
range of management actions to achieve the desired resource status 
would be considered, and include moderate increases in minimum harvest 
sizes, moderate decreases in bag limits, and seasonal and/or spatial 
closures. Under this alternative, lobster mini-season would be 
eliminated in the park and regulations would be enacted to prohibit the 
use of an air supply or gear with a trigger mechanism while 
spearfishing. Numbers of commercial fishers would remain at current 
levels or decrease over time, and fishing-related habitat impacts would 
be reduced. Under this and all subsequent alternatives, the park would 
require a recreational use permit for all boats engaged in any 
recreational activity (such as fishing or diving); the permit would not 
be required for boaters passing through, but not recreating in, the 
park (e.g. traveling the Intracoastal Waterway). This alternative would 
require implementation of new regulations governing fishing activities 
within the park that would be accomplished through collaboration with 
State of Florida FWS and further public input.
    Alternative 4, Rebuild and Conserve Park Fisheries Resources: A 
considerable change from current management strategies would seek a 
balance between enjoyment, extraction, and conservation of fishery 
resources, while ensuring sustainable fishing activities. Management 
actions would be enacted (in conjunction with the State of Florida FWS) 
to increase the abundance and average size of fishery-targeted species 
within the park by at least 20 percent over existing conditions, as 
well as to reduce fishing-related habitat impacts. Possible management 
actions to achieve substantial improvement of fisheries resources could 
include considerable increases in minimum size limits, designation of 
slot limits, substantial decreases in bag limits, and seasonal and/or 
spatial closures. Under Alternative 4, lobster mini-season would be 
eliminated in the park and regulations would be enacted to prohibit the 
use of an air supply or gear with a trigger mechanism while 
spearfishing. Numbers of commercial fishers would decrease over time 
via establishment of a non-transferable permit system. As in 
Alternative 3, the park would require a recreational use permit for all 
boats engaged in any recreational activity (such as fishing or diving); 
the permit would not be required for boaters passing through, but not 
recreating in, the park (e.g., traveling the Intracoastal Waterway). 
This alternative would require considerable changes to current fishing 
regulations within the park, and would be accomplished through 
collaboration with State of Florida FWC and further public input.
    Alternative 5, Restore Park Fisheries Resources: This would require 
substantial changes from current management strategies in order to 
return the sizes and abundance of targeted species to within 20 percent 
of their estimated, historic (pre-exploitation) levels and to prevent 
further decline in fishing-related habitat impacts. Possible management 
actions to achieve the desired conditions would be enacted in 
conjunction with the State of Florida FWS and could include substantial 
increases in minimum size limits, designation of slot limits, 
substantial decreases in bag limits, seasonal and/or spatial closures, 
prohibition of extractive fishing (i.e. only allowing catch-and-release 
fishing), and a temporary moratorium on all fishing activity within the 
park. Under this alternative, lobster mini-season would be eliminated 
in the park and regulations would be enacted to prohibit spearfishing 
within the park. Numbers of commercial fishers would decrease over time 
via establishment of a non-transferable permit system. As in 
Alternatives 3 and 4, the park would require a recreational use permit 
for all boats engaged in any recreational activity (such as fishing or 
diving); the permit would not be required for boaters passing through, 
but no recreating in, the park (e.g., traveling the Intracoastal 
Waterway). Among the five alternatives,

[[Page 39097]]

this alternative would require the most extreme changes to current 
fishing regulations within the park, and the changes to the park's 
fishing regulations would be accomplished through collaboration with 
the State of Florida FWS and further public input.
    Alternative 4, Rebuild and Conserve Park Fisheries Resources, has 
been identified as the NPS's ``preferred alternative'' because it 
results in the most equitable balance between protection, enjoyment, 
and extraction of the park's fisheries resources. The NPS believes that 
Alternative 4 will allow for fishing activities to continue at a 
sustainable level that does not compromise the long-term health of the 
park's fisheries resources. Additionally, following NEPA, the NPS has 
identified Alternative 5, Restore Park Fisheries Resources, as the 
``environmentally preferred alternative'' because it causes the least 
damage to the biological and physical environment and best protects, 
preserves, and enhances historic, cultural, and natural resources. 
Through identification of the ``environmentally preferred 
alternative,'' NPS decision-makers and the public are faced with the 
relative merits of each alternative and must clearly state the values 
and policies used throughout the decision-making process.
    If you wish to comment on the FMP, you may submit your comments by 
any one of several methods. You may mail comments to Fishery Management 
Plan, Biscayne National Park, 9700 SW. 328th Street, Homestead, Florida 
33033. You may also comment via the Internet at http://parkplanning.nps.gov. If you do not receive a confirmation from the 
system that we have received your Internet message, contact BISC 
Fisheries at 305-230-1144. Finally, you may hand-deliver comments to 
Biscayne National Park, 9700 SW. 328th Street, Homestead, Florida 
33033. Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

FOR FURTHER INFORMATION CONTACT: Biscayne National Park, 9700 SW. 328th 
Street, Homestead, Florida 33033; Telephone 305-230-1144; or BISC 
[email protected].
    The authority for publishing this notice is contained in 40 CFR 
1506.6
    The responsible official for this Draft EIS is the Regional 
Director, Southeast Region, National Park Service, 100 Alabama Street, 
SW., 1924 Building, Atlanta, Georgia 30303.

Art Frederick,
Acting Regional Director, Southeast Region.
[FR Doc. E9-18754 Filed 8-4-09; 8:45 am]
BILLING CODE 4310-70-P