[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Proposed Rules]
[Pages 50814-50816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20549]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622 and 635
RIN 0648-BI61
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Atlantic Highly Migratory Species; Coral and Coral Reefs of the Gulf of
Mexico; Amendment 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of availability (NOA); request for comments.
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SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has
submitted Amendment 9 to the Fishery Management Plan (FMP) for the
Coral and Coral Reefs of the Gulf of Mexico (Amendment 9) to the FMP
for review, approval, and implementation by NMFS. Amendment 9, if
approved by the Secretary of Commerce, and an associated framework
action to the FMP would establish new habitat areas of particular
concern (HAPCs), some of which include a prohibition of the deployment
of bottom-tending gear, and modify current fishing regulations in the
Gulf of Mexico (Gulf). The purpose of Amendment 9 and the framework
action is to protect coral essential fish habitat in the Gulf.
DATES: Written comments on Amendment 9 must be received by November 25,
2019.
ADDRESSES: You may submit comments on Amendment 9 identified by ``NOAA-
NMFS-2017-0146'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0146, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Lauren Waters, NMFS
Southeast Regional Office, 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).
Electronic copies of Amendment 9 and the framework action may be
obtained from www.regulations.gov or the Southeast Regional Office
website at https://www.fisheries.noaa.gov/action/amendment-9-coral-habitat-areas-considered-management-gulf-mexico. Amendment 9 includes
an
[[Page 50815]]
environmental impact statement, fishery impact statement, regulatory
impact review, and a Regulatory Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Lauren Waters, NMFS Southeast Regional
Office, telephone: 727-824-5305; email: [email protected]. Karyl
Brewster-Geisz, NMFS Highly Migratory Species Division, telephone: 301-
427-8503; email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or FMP amendment to NMFS
for review and approval, partial approval, or disapproval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
The Council prepared the FMP being revised by Amendment 9, and if
approved, Amendment 9 would be implemented by NMFS through regulations
at 50 CFR parts 622 and 635 under the authority of the Magnuson-Stevens
Act.
Background
The Magnuson-Stevens Act requires that each fishery management plan
identify and describe essential fish habitat (EFH) and minimize, to the
extent practicable, adverse effects on these habitats caused by
fishing. The FMP describes coral EFH as those areas where managed
corals exist. HAPCs are a subset of EFH that meet specified criteria
identified at 50 CFR 600.818(a)(8). An area in which corals exist in
sufficient numbers or diversity could be designated as an HAPC if it is
significantly ecologically important, habitat that is sensitive to
human-induced degradation, located in an environmentally stressed area,
or considered rare in abundance. Corals and coral habitat are
especially sensitive to human-induced degradation by fishing and non-
fishing activities because of their unique life history. An HAPC
designation by NMFS does not confer any additional specific protections
to such designated areas, but can be used to focus management attention
on those areas when considering measures to minimize adverse impacts
from fishing.
In December 2014, the Council convened a Coral Working Group to
discuss which areas in the Gulf may warrant specific protection for
corals. The group identified numerous areas and existing HAPCs that may
be in need of new or revised protection. In May 2015, the Council's
Special Coral Scientific and Statistical Committee (SSC) and Coral
Advisory Panel (AP) reviewed these areas along with members of the
shrimp fishing community and recommended that the boundaries of some of
the areas be refined based on available fishing information. In August
2016, the Council's Coral SSC, Coral AP, Shrimp AP, as well as Council
invitees, which included royal red shrimp fishermen and bottom longline
fishermen, provided input to the Council. These groups recommended that
15 areas be designated as HAPCs in which fishing with bottom-tending
gear be prohibited and 8 areas be designated without any prohibitions
on. Based on this input, the Council began developing Amendment 9.
In April 2018, based on a recommendation by the Council's SSC, the
Council modified the alternatives in Amendment 9 to combine three
previously proposed HAPCs in the southeastern Gulf that were separate
but geographically close to one another into a single slightly smaller
proposed HAPC. As a result, Amendment 9 recommends 13 new HAPCs that
prohibit fishing with bottom-tending gear.
During subsequent discussions associated with Amendment 9, the
Council decided to refine the fishing prohibition in the proposed and
existing HAPCs. The Council determined that the broad definition of
``fishing'' in the Magnuson-Stevens Act might unnecessarily restrict
activities that would have no impact on these HAPCs. Therefore, in
August 2018, the Council approved a framework action that would modify
the specific prohibitions on ``fishing with bottom-tending gear'' to
``deployment of bottom-tending gear'' for existing HAPCs listed in 50
CFR 622.74, except the Tortugas marine reserves HAPC, and those
recommended in Amendment 9. Further, the Council recommended that
``deploy'' in this context be defined to mean that fishing gear is in
contact with the water. In November 2018, the Council also requested
that NMFS develop complimentary gear deployment prohibitions for
Atlantic highly migratory species (HMS) fisheries in the Gulf (see 50
CFR part 635).
To provide a complete description of the proposed changes
associated with Amendment 9, the discussion below includes the
management actions in Amendment 9, as modified by the framework action.
For ease of discussion, ``Amendment 9'' is used to refer to the
combined actions.
Actions Contained in Amendment 9
Amendment 9 would establish 13 new HAPCs in the Gulf in which the
deployment of certain bottom-tending gear would be prohibited, and
establish 8 new HAPCs without fishing regulations. Amendment 9 would
also prohibit the deployment of dredge fishing gear in existing Gulf
HAPCs that are managed with fishing. NMFS and the Council are proposing
these areas and fishing regulations to protect coral EFH in the Gulf.
HAPCs With Fishing Regulations
Amendment 9 would establish 13 HAPCs in which the deployment of
specified bottom-tending gear would be prohibited. For purpose of the
prohibition, fishing gear is ``deployed'' if any part of the gear is in
contact with the water. The 13 proposed HAPCs are called West Florida
Wall, Alabama Alps Reef, L & W Pinnacles and Scamp Reef (combined),
Mississippi Canyon 118, Roughtongue Reef, Viosca Knoll 826, Viosca
Knoll 862/906, AT 047, AT 357, Green Canyon 852, Southern Bank, Harte
Bank, and within the existing Pulley Ridge boundary, and Pulley Ridge
South Portion A. Pulley Ridge South Portion A is within the current
Pulley Ridge South HAPC.
For these areas, excluding Pulley Ridge South Portion A,
prohibitions on the following activities would apply year-round:
deployment of bottom longline, bottom trawl, buoy gear as defined in 50
CFR 622.2, dredge, pot, or trap, and bottom anchoring by fishing
vessels. The buoy gear defined in 50 CFR 622.2 is not the same as HMS
buoy gear defined in 50 CFR 635.2. HMS buoy gear is not a bottom-
tending gear.
Within the proposed Viosca Knoll 862/906 area, the proposed gear
deployment prohibitions would not apply to a fishing vessel issued a
Gulf royal red shrimp endorsement, as specified in 50 CFR 622.50(c)
while fishing for royal red shrimp. The areas around this proposed HAPC
are used to fish for royal red shrimp. Fishing for royal red shrimp
occurs in deep waters and requires a few miles of continuous forward
movement to lift the nets up in the water column to the vessel.
Therefore, requiring that these nets be out of the water would
effectively prevent the use of an area much larger than the proposed
HAPC. The exemption would allow royal red shrimp fishermen to continue
the historic practice of lifting the nets off the bottom but keeping
them in the water as they travel through this area.
[[Page 50816]]
Within the proposed Pulley Ridge South Portion A area, the
following prohibitions would apply year-round: Deployment of a bottom
trawl, buoy gear as defined in 50 CFR 622.2, dredge, pot, or trap, and
bottom anchoring by fishing vessels. Pulley Ridge South Portion A would
not include a restriction on the deployment of bottom longline gear to
allow fishing that has historically occurred in this area to continue.
Amendment 9 would not change any other boundaries or regulations within
the existing Pulley Ridge HAPC.
The Council concluded that the exception for royal red shrimp
fishing in the proposed Viosca Knoll 862/906 area and for bottom
longline fishing in the proposed Pulley Ridge South Portion A area was
unlikely to adversely affect the habitat. Both types of fishing have
occurred in the respective areas for over a decade without causing
significant harm.
Dredge Fishing Prohibition
Currently, only some existing HAPCs in the Gulf have fishing
regulations that prohibit dredge fishing within the designated areas.
Amendment 9 would prohibit the deployment of dredge fishing gear in all
existing HAPCs in the Gulf in which other bottom-tending gear are
already prohibited. Dredge fishing is most commonly used to harvest
shellfish and is not known to occur in the Gulf. Therefore, this
proposed management measure would not restrict any known fishing
activity in the Gulf, but increase consistency of management measures
across HAPCs with fishing regulations.
HAPCs Without Fishing Regulations
Amendment 9 would also establish eight HAPCs with no associated
fishing regulations. The Council determined that fishing regulations in
these eight proposed HAPCs are unnecessary because they have no known
fishing activity that occurs within them, partly because the areas are
located in very deep water (greater than 300 meters). The proposed
HAPCs without fishing regulations in Amendment 9 are South John Reed,
Garden Banks 299, Garden Banks 535, Green Canyon 140 and 272
(combined), Green Canyon 234, Green Canyon 354, Mississippi Canyon 751,
and Mississippi Canyon 885. Although fishing impacts were not
identified as a concern in these eight areas, establishing these HAPCs
would inform the public that the Council considers these areas to be of
particular importance and could help guide NMFS' review of non-fishing
impacts during EFH consultations.
Proposed Rule for Amendment 9
A proposed rule to implement Amendment 9, as modified by the
framework action, has been drafted. In accordance with the Magnuson-
Stevens Act, NMFS is evaluating the proposed rule to determine whether
it is consistent with Amendment 9, the FMP for the Coral and Coral
Reefs of the Gulf of Mexico, the 2006 Consolidated Atlantic HMS FMP and
its amendments, the Magnuson-Stevens Act, and other applicable laws. If
that determination is affirmative, NMFS will publish the proposed rule
in the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 9 for Secretarial review,
approval, and implementation. Comments on Amendment 9 must be received
by November 25, 2019. Comments received during the respective comment
periods, whether specifically directed to Amendment 9 or to the
proposed rule will be considered by NMFS in the decision to approve,
disapprove, or partially approve Amendment 9. Comments received after
the comment periods will not be considered by NMFS in this decision.
All comments received by NMFS on Amendment 9 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: September 18, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-20549 Filed 9-25-19; 8:45 am]
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