[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47206-47207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22178]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AY22


Fisheries of the Caribbean, Gulf of Mexico, South Atlantic; Gulf 
of Mexico Fisheries; Generic Amendment for Annual Catch Limits

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

ACTION:  Notice of Intent (NOI) to prepare a draft environmental impact 
statement (DEIS); notice of scoping meetings; requests for comments.

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SUMMARY:  The Gulf of Mexico Fishery Management Council (Council) and 
NMFS intend to prepare a DEIS to describe and analyze management 
alternatives to be included in a generic amendment to five of the 
Fishery Management Plans (FMPs) for the Gulf of Mexico. These 
alternatives will consider measures to implement annual catch limits 
(ACLs), accountability measures (AMs), and record keeping and reporting 
requirements. This notice of intent solicits 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 October 15, 2009. A series of 
scoping meetings will be held in September 2009. See SUPPLEMENTARY 
INFORMATION below for the specific dates, times, and locations of the 
scoping meetings.

ADDRESSES:  Written comments on the scope of the DEIS, suggested 
alternatives and potential impacts, and requests for additional 
information should be sent to Rich Malinowski, NMFS, 263 13th Avenue 
South, Saint Petersburg, FL 33701-5505; fax 727-825-5308; or to the 
Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, 
Suite 1100, Tampa, FL 33607; fax 813-348-1711. Comments may also be 
sent by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT:  Rich Malinowski, phone: (727) 824-
5305;

[[Page 47207]]

fax: (727) 824-5308; email: [email protected].

SUPPLEMENTARY INFORMATION: On January 12, 2007, Congress amended the 
Magnuson-Stevens Fishery Conservation and Management Act (MSA) with 
passage of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act -(MSRA). While maintaining the requirement that 
``conservation and management measures shall prevent overfishing while 
achieving, on a continuing basis, the optimum yield from each fishery 
for the United States fishing industry,'' the MSRA added new 
requirements to end and prevent overfishing. The new requirements 
include the use of ACLs, and ``measures to ensure accountability'' 
(AMs).
    Specifically, the MSRA requires that FMPs ``establish a mechanism 
for specifying annual catch limits in the plan (including a multi-year 
plan), implementing regulations, or annual specifications, at a level 
such that overfishing does not occur in the fishery, including measures 
to ensure accountability'' (Section 303(a)(15)). Further, the MSRA 
requires such measures be implemented by 2010 for fisheries determined 
by the Secretary of Commerce (Secretary) to be subject to overfishing 
and by 2011 for all other fisheries. The AMs are management controls 
that ensure the ACLs are not exceeded. Examples of AMs include 
corrective measures if overages occur and implementation of an in-
season monitoring program.
    The generic amendment is intended to modify five of the Council's 
FMPs. These include FMPs for: Reef Fish Resources, Shrimp, Stone Crab, 
Coral and Coral Reef Resources, and Red Drum. NMFS and the Council will 
develop these ACLs in co-operation with the Scientific and Statistical 
Committee. NMFS, in collaboration with the Council, will develop a DEIS 
to evaluate alternatives and actions for the ACLs. Some examples of 
these actions include: establishing sector specific ACLs, selecting 
levels of risk associated with species yields, considering removal or 
withdrawal of species from FMPs, and delegating species or species 
assemblages to state regulators.
    In accordance with NOAA's Administrative Order NAO 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. This may not represent the full range of alternatives that 
eventually will be evaluated by the Council.

Locations, Dates and Times of Scoping Meetings

    Scoping meetings will begin at 6 p.m. at the following locations:
    Monday, September 21, 2009--Monroe County Government Center, 1200 
Truman Avenue, Key West, FL 33040.
    Monday, September 21, 2009--Louisiana Wildlife & Fisheries, 195 
Ludwig Annex, Grand Isle, LA 70358.
    Tuesday, September 22, 2009--Banana Bay, 4590 Overseas Highway, 
Marathon, FL 33050.
    Tuesday, September 22, 2009--Best Western, 7921 Lamar Poole Road, 
Biloxi, MS 39532.
    Tuesday, September 22, 2009--Holiday Inn- Emerald Beach, 1102 South 
Shoreline Boulevard, Corpus Christi, TX 78401.
    Wednesday, September 23, 2009--City of Madeira Beach,300 Municipal 
Drive, Madeira Beach, FL 33708.
    Wednesday, September 23, 2009--Springhill Suites, 7922 Moley Road, 
Houston, TX 77061.
    Wednesday, September 23, 2009--City of Orange Beach, 27235 Canal 
Road, Orange Beach, AL 36561.
    Wednesday, September 24, 2009--NMFS Lab, 3500 Dellwood Beach Drive, 
Panama City, FL 32408.
    Copies of the scoping document are available from the Council (see 
ADDRESSES) or may be downloaded from the Council Web site, 
www.gulfcouncil.org.

Special Accommodations

    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).
    After 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.
    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 action. NMFS will 
submit both the final measures and the supporting FEIS to the Secretary 
for review, approval, and implementation. NMFS will announce in the 
Federal Register the availability of the final amendment and FEIS for 
public review during the secretarial review period, and will consider 
all public comments prior to final agency action to approve, 
disapprove, or partially approve the final amendment.

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

    Dated: September 9, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-22178 Filed 9-14-09; 8:45 am]
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