[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9864-9866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4623]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-AY32


Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; 
Comprehensive Ecosystem-Based Amendment 1

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

ACTION: Notice of availability (NOA); request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) has

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submitted CE-BA 1 which includes amendments to the following South 
Atlantic fishery management plans (FMPs): the FMP for Coral, Coral 
reefs, and Live/Hard Bottom Habitats of the South Atlantic Region 
(Coral FMP); the FMP for the Dolphin and Wahoo Fishery off the Atlantic 
States (Dolphin and Wahoo FMP); the FMP for Golden Crab of the South 
Atlantic Region (Golden Crab FMP); the FMP for the Shrimp Fishery of 
the South Atlantic Region (Shrimp FMP); and the FMP for the Snapper-
Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as 
prepared and submitted by the South Atlantic Fishery Management Council 
(Council); as well as the FMP for Coastal Migratory Pelagic (CMP) 
Resources (CMP FMP); and the FMP for the Spiny Lobster Fishery of the 
Gulf of Mexico and South Atlantic (Spiny Lobster FMP), as prepared and 
submitted by the South Atlantic and Gulf of Mexico Fishery Management 
Councils.
    Management actions proposed in CE-BA 1 include the establishment of 
deepwater Coral Habitat Areas of Particular Concern (CHAPCs) to protect 
what is currently thought to be the largest distribution (>23,000 
square miles) of pristine deepwater coral ecosystems in the world. 
Actions in the amendment would prohibit the use of bottom damaging 
fishing gear and allow for the creation of allowable fishing zones 
within the CHAPCs in the historical fishing grounds of the golden crab 
and deepwater shrimp fisheries while extending protection for deepwater 
coral ecosystems. CE-BA 1 would also amend the Coral, Shrimp, Coastal 
Migratory Pelagics, Golden Crab, Spiny Lobster, Dolphin-Wahoo, and 
Snapper-Grouper FMPs to provide spatial information on previously 
designated essential fish habitat (EFH).

DATES: Comments must be received no later than 5 p.m., eastern time, on 
May 3, 2010.

ADDRESSES: Comments on CE-BA 1, identified by 0648-AY32, may be 
submitted by any one of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal rule-making portal: www.regulations.gov
     Mail: Karla Gore, NMFS, Southeast Regional Office, 263 
13th Avenue South, St. Petersburg, FL 33701.
     Fax: (727) 824-8308 Attn: Karla Gore.
    Instructions: No comments will be posted for public viewing until 
after the comment period is over. All comments received are a part of 
the public record and will generally be posted to 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.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    Copies of CE-BA 1, which includes a final environmental impact 
statement, a regulatory impact review, a regulatory flexibility 
analysis, and a fishery impact statement are available from the South 
Atlantic Fishery Management Council, 4055 Faber Place, Suite 201, North 
Charleston, SC 29405; telephone 843-571-4366; fax 843-769-4520; e-mail 
[email protected].

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

SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory 
pelagics; coral, coral reefs, and live/hard bottom habitats; dolphin 
and wahoo; golden crab; shrimp; spiny lobster; and snapper-grouper off 
the southern Atlantic states are managed under their respective FMPs. 
The FMPs were prepared by the Council and are implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

Background

    Management actions proposed in CE-BA 1 include the establishment of 
CHAPCs in which the use of bottom damaging fishing gear would be 
prohibited. These CHAPCs would protect what is currently believed to be 
the largest distribution (>60,000 square kilometers; >23,000 square 
miles) of deepwater coral ecosystems in the world. Currently, these 
areas are relatively undisturbed by the impacts of fishing. The 
underlying need for this action is to protect deepwater coral 
ecosystems in the Council's jurisdiction, which are currently thought 
to be in pristine condition, from future activities that could 
compromise their condition. Failure to establish and protect these 
deepwater coral habitats may create negative biological impacts on the 
deepwater coral ecosystem and associated fauna if destructive fishing 
practices develop and expand into the deepwater coral ecosystems. CE-BA 
1 includes alternatives to determine which areas in the South Atlantic 
to designate as CHAPCs.
    Currently, the only commercial fisheries that operate in the areas 
are the wreckfish, golden crab, and deepwater shrimp fisheries. The 
amendment includes alternatives that would allow creation of 
``allowable golden crab fishing areas'' and ``shrimp fishery access 
areas'' that would allow these fisheries to continue with little or no 
negative impacts to deepwater coral ecosystems. The wreckfish fishery 
would not be impacted by the designations of the CHAPCs.
    CE-BA 1 would also address the need for spatial representations of 
previously designated EFH and EFH-HAPCs. Thus, this document proposes 
to amend the following fishery management plans (FMPs) to include such 
EFH and EFH-HAPC spatial information: Coral FMP; CMP FMP; Shrimp FMP; 
Golden Crab FMP; Spiny Lobster FMP; Dolphin-Wahoo FMP; and the Snapper-
Grouper FMP.
    The amendment contains alternatives for monitoring the golden crab 
fishery within the proposed CHAPCs. The Council has selected the ``no 
action'' alternative as preferred for this action due to concerns with 
feasibility and enforcement.
    The Council has submitted CE-BA 1 for Secretarial review, approval 
and implementation. NMFS's decision to approve, partially approve or 
disapprove CE-BA 1 will be based, in part, on consideration of 
comments, recommendations, and information received during the comment 
period on this NOA. A proposed rule will be published in the Federal 
Register for public comment. After considering public comment on the 
NOA, and consistency with the Magnuson-Stevens Act and other applicable 
laws, NMFS will publish a notice of agency action in the Federal 
Register announcing the Agency's decision to approve, partially approve 
or disapprove CE-BA 1, and the associated rationale. If approved, the 
provisions of CE-BA 1 would be specified in a final rule published in 
the Federal Register.

Consideration of Public Comments

    Public comments received by 5 p.m. eastern time on May 3, 2010 will 
be considered by NMFS in the approval/disapproval decision regarding 
CE-BA 1.

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


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    Dated: February 26, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-4623 Filed 3-3-10; 8:45 am]
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