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

Published date26 September 2019
Citation84 FR 50814
Record Number2019-20549
SectionProposed rules
CourtCommerce Department,National Oceanic And Atmospheric Administration
Federal Register, Volume 84 Issue 187 (Thursday, September 26, 2019)
[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]
                BILLING CODE 3510-22-P
                

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