[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Proposed Rules]
[Pages 69322-69323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31068]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-AX67


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 31

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

ACTION:  Notice of Availability of Amendment 31 to the Fishery 
Management Plan for Reef Fish Resources of the Gulf of Mexico; request 
for comments.

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SUMMARY:  The Gulf of Mexico Fishery Management Council (Council) has 
submitted Amendment 31 to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP) for review, approval, and 
implementation by NMFS. Amendment 31 proposes actions to address sea 
turtle bycatch in the bottom longline component of the Gulf of Mexico 
(Gulf) reef fish fishery. The measures contained in the subject 
amendment are intended to balance the continued viability of the bottom 
longline component of the reef fish fishery while maintaining 
adequately protective measures for sea turtles.

DATES:  Comments must be received no later than 5 p.m., eastern time, 
on March 1, 2010.

ADDRESSES:  You may submit comments on the amendment or the proposed 
rule, identified by ``0648-AX67'' 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: Cynthia Meyer.
     Mail: Cynthia Meyer, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://www.regulations.gov

[[Page 69323]]

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-2008-0310'' in the keyword 
search, then check the box labeled ``Select to find documents accepting 
comments or submissions'', 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). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only. No comments will be posted 
for public viewing until after the comment period has closed.
    Copies of Amendment 31, which includes a draft environmental impact 
statement, an initial regulatory flexibility analysis, and a regulatory 
impact review may be obtained from the Gulf of Mexico Fishery 
Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 
33607; telephone 813-348-1630; fax 813-348-1711; e-mail 
[email protected]; or may be downloaded from the Council's 
website at http://www.gulfcouncil.org/.

FOR FURTHER INFORMATION CONTACT:  Cynthia Meyer, telephone: 727-824-
5305.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each Regional 
Fishery Management Council to submit any fishery management plan or 
amendment to NMFS for review and approval, disapproval, or partial 
approval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving a plan or amendment, publish an announcement in the Federal 
Register notifying the public that the plan or amendment is available 
for review and comment.

Background

    In September 2008, NMFS released a report analyzing sea turtle 
takes by the bottom longline component of the reef fish fishery as 
documented by an observer program. Subsequently updated in April 2009, 
the report indicated that the number of hardshell sea turtle takes by 
the bottom longline component of the Gulf reef fish fishery had 
exceeded the incidental take estimates specified in a 2005 Biological 
Opinion. Therefore, action was needed to provide protection for 
threatened loggerhead sea turtles in compliance with the Endangered 
Species Act (ESA). To address this issue in the short-term while the 
Council developed a long-term management strategy, NMFS published an 
emergency rule effective May 18, 2009. The emergency rule prohibited 
longline fishing for reef fish in the eastern Gulf shoreward of a line 
approximating the 50-fathom depth contour, and prohibited all longline 
fishing in the eastern Gulf after the deep-water grouper and tilefish 
commercial quotas were filled.
    On October 16, 2009, NMFS published a rule, under the authority of 
the ESA, to replace the emergency rule. The rule prohibits bottom 
longline fishing in the eastern Gulf shoreward of a line approximating 
the 35-fathom contour with a restriction of 1,000 hooks per vessel with 
no more than 750 hooks rigged for fishing or fished at any given time. 
The intended effect of the rulemaking is to maintain protective 
measures for loggerhead sea turtles as well as to maintain a viable 
bottom longline fleet pending the implementation of Amendment 31 or 
alternative long-term mitigation measures.
    Specifically, Amendment 31 would modify the FMP to: 1) prohibit the 
use of bottom longline gear in the reef fish fishery east of Cape San 
Blas, Florida, shoreward of a line approximating the 35-fathom (64-m) 
depth contour from June through August; 2) reduce the number of bottom 
longline vessels operating in the fishery through a longline 
endorsement provided only to vessel permits with demonstrated average 
annual landings of 40,000 lb (18,144 kg) of reef fish taken by fish 
traps or longlines during 1999-2007; and 3) restrict the number of 
hooks that may be possessed onboard each longline vessel to 1,000 hooks 
total, only 750 of which may be fished or rigged for fishing at any 
given time.
    The Council has submitted Amendment 31 for review, approval, and 
implementation by the Secretary of Commerce. A proposed rule that would 
implement measures outlined in Amendment 31 has been received from the 
Council. In accordance with the Magnuson-Stevens Act, NMFS is 
evaluating the proposed rule to determine whether it is consistent with 
the FMP, the Magnuson-Stevens Act, the ESA, and other applicable law. 
If that determination is affirmative, NMFS will publish the proposed 
rule in the Federal Register for public review and comment.
    Comments received by March 1, 2010, whether specifically directed 
to the amendment or the proposed rule, will be considered by NMFS in 
its decision to approve, disapprove, or partially approve the 
amendment. Comments received after that date will not be considered by 
NMFS in this decision. All comments received by NMFS on the amendment 
or the proposed rule during their respective comment periods will be 
addressed in the final rule.

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

    Dated: December 24, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-31068 Filed 12-30-09; 8:45 am]
BILLING CODE 3510-22-S