[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28897-28898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11606]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-BD68]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Amendment 28 to the Fishery Management Plan for the Reef Fish Resources 
of the Gulf of Mexico

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

ACTION: Supplemental Notice of Intent (NOI) to prepare a draft 
environmental impact statement (DEIS); request for comments.

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SUMMARY: NMFS, Southeast Region, in collaboration with the Gulf of 
Mexico Fishery Management Council (Council) intends to prepare a DEIS 
to describe and analyze management alternatives to be included in 
Amendment 28 to the Fishery Management Plan (FMP) for the Reef Fish 
Resources of the Gulf of Mexico (Amendment 28). Actions considered in 
Amendment 28 were initially limited to alternatives to reallocate Gulf 
of Mexico (Gulf) red snapper resources between the commercial and 
recreational sectors. However, NMFS and the Council have since modified 
the scope of Amendment 28 to consider actions that would revise the 
recreational accountability measures (AMs) for Gulf red snapper. These 
actions would establish an annual catch target (ACT) by applying a 
buffer to the recreational quota and establish recreational quota 
overage adjustment provisions (paybacks). These additional actions will 
support management efforts to maintain landings within the recreational 
quota and mitigate recreational quota overages should they occur. The 
purpose of this NOI is to solicit public comments on the modified 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 NMFS by June 19, 2014.

ADDRESSES: You may submit comments on Amendment 28 identified by 
``NOAA-NMFS-2013-0146'' by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: http://www.regulations.gov. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0146, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Peter Hood, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. 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, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, 
telephone: (727) 824-5305; or email: [email protected].

SUPPLEMENTARY INFORMATION: An NOI to prepare a DEIS for Amendment 28 
was published in the Federal Register on November 7, 2013 (78 FR 66900) 
and requested public comment through December 9, 2013. Management 
alternatives initially considered in Amendment 28 were to reallocate 
red snapper resources between the commercial and recreational sectors 
with the purpose of increasing the net benefits and the stability of 
the red snapper component of the reef fish fishery.
    In September 2013, individual commercial fishermen and two 
commercial fishing interest groups filed a lawsuit challenging the 
rules that implemented the red snapper quotas for the 2013 fishing year 
and set the 2013 recreational red snapper fishing season. In March 
2014, the U.S. District Court for the District of Columbia (Court) in 
Guindon v. Pritzker, 2014 WL 1274076 (D.D.C. Mar. 26, 2014) ruled in 
favor of the plaintiffs, finding, in relevant part, that NMFS failed to 
require adequate AMs for the recreational sector, failed to prohibit 
the retention of fish after the recreational quota had been harvested, 
and failed to use the best scientific information available when 
determining if the quota had been met.
    The Council reviewed the Court's opinion and determined further AMs 
were needed to improve red snapper management and reduce the 
probability of exceeding the recreational quota. The

[[Page 28898]]

Council decided to add AM actions to Amendment 28, including an ACT and 
quota overage adjustments, but could also consider other AM 
alternatives. Although the red snapper stock is not undergoing 
overfishing, it is considered overfished and under a rebuilding plan. 
Therefore, constraining recreational landings within the recreational 
quota and mitigating quota overages will aid in the stock recovery.
    NMFS, in collaboration with the Council, will develop a DEIS to 
describe and analyze alternatives to address the management needs 
described above including the ``no action'' alternative. In accordance 
with NOAA's Administrative Order 216-6, Section 5.02(c), Scoping 
Process, NMFS, in collaboration with the Council, has identified 
preliminary environmental issues as a means to initiate discussion for 
scoping purposes only. The public is invited to provide written 
comments on the preliminary issues, which are identified as actions and 
alternatives in the Amendment 28 draft options paper and action guide. 
These preliminary issues may not represent the full range of issues 
that eventually will be evaluated in the DEIS. A copy of the Amendment 
28 action guide is available at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/index.html.
    After the DEIS associated with Amendment 28 is completed, it will 
be filed with the Environmental Protection Agency (EPA). After filing, 
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 voting to submit the final amendment to NMFS for Secretarial 
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.
    NMFS will announce, through a document published in the Federal 
Register, all public comment periods on the final amendment, its 
proposed implementing regulations, and the availability of its 
associated FEIS. NMFS will consider all public comments received during 
the Secretarial review period, whether they are on the final amendment, 
the proposed regulations, or the FEIS, prior to final agency action.

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

    Dated: May 15, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-11606 Filed 5-19-14; 8:45 am]
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