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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 622

RIN ID: RIN 0648-AP03

DOCUMENT ID: [I.D. 102803A]

NOTICE: PROPOSED RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Notice of availability of an amendment to a fishery management plan; request for comments.

SUBJECT CATEGORY: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 13A

DATES: Written comments must be received on or before January 5, 2004.

DOCUMENT SUMMARY: The South Atlantic Fishery Management Council (Council) has submitted Amendment 13A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. The amendment would extend the current prohibitions on fishing for South Atlantic snappergrouper in the experimental closed area and on retaining such species in or from the area. The experimental closed area constitutes a portion of the Oculina Bank Habitat Area of Particular Concern (HAPC), which is in the exclusive economic zone (EEZ) in the Atlantic Ocean off Ft. Pierce, FL.

SUMMARY: Caribbean, Gulf, and South Atlantic fisheries—; Snapper-Grouper,

SUPPLEMENTAL INFORMATION

The snapper-grouper fishery off the southern Atlantic states is managed under the FMP. The FMP was prepared by the Council and is implemented under the authority of the MagnusonStevens Fishery Conservation and Management Act (MagnusonStevens Act) by regulations at 50 CFR part 622.

The MagnusonStevens Act requires a regional fishery management council to submit an amendment to a fishery management plan to NMFS for review, approval, disapproval, or partial approval. The Magnuson Stevens Act also requires that NMFS, upon receiving an amendment, publish a notice in the Federal Register stating that the amendment is available for public review and comment.

Background

In Amendment 6 to the FMP the Council proposed prohibitions on fishing for South Atlantic snappergrouper in what is currently known as the experimental closed area and on retaining such species in or from the area. NMFS approved these prohibitions, and they became effective June 27, 1994 (59 FR 27242, May 26, 1994). In the experimental closed area, any South Atlantic snappergrouper taken incidentally by hookandline gear must be released immediately by cutting the line without removing the fish from the water.

The experimental closed area is slightly less than 92 square nautical miles in the EEZ offshore from Ft. Pierce to Sebastian Inlet, FL. The geographical coordinates are specified at 50 CFR 622.35(c)(2). The experimental closed area constitutes a portion of the southern part of the Oculina Bank HAPC. In the entire HAPC no person may: (1) use a bottom longline, bottom trawl, dredge, pot, or trap; (2) if aboard a fishing vessel, anchor, use an anchor and chain, or use a grapple and chain; or (3) fish for rock shrimp or possess rock shrimp in or from the area on board a fishing vessel.

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Both the proposed and final rules for Amendment 6 stated that the measures applicable to the experimental closed area ''... will ``sunset'' after 10 years if not reauthorized by the Council.'' (59 FR 9721, March 1, 1994 and 59 FR 27242, May 26, 1994, respectively).

Measures applicable to the experimental closed area were intended to enhance stock stability and increase recruitment of South Atlantic snappergrouper by providing an area where deepwater snappergrouper species could grow and reproduce without being subjected to fishing mortality. The measures were based on the Council's concern that traditional fishery management measures, such as minimum size limits and quotas, might not be sufficient to protect fully the snapper grouper resources. The Council believed the measures would provide protection for overfished species in the management unit while minimizing adverse impacts upon user groups.

Based on limited information, there appear to be some encouraging signs of positive biological impacts from the initial nineyear prohibition of fishing for snappergrouper species within the experimental closed area since it was established in 1994. A study conducted in 2001 found that, in the few areas where habitat remained intact, there were more and larger groupers than observed in a 1995 study, and male gag and scamp were also common. The observation of male gag and scamp is particularly of interest because size, age, and proportion of males of these species have declined both in the Gulf of Mexico and South Atlantic regions. Other encouraging signs include the observation of juvenile speckled hind, which is a candidate species for listing under the Endangered Species Act. However, species in the management unit remain overfished and continued protection is required. Proposed Actions

Amendment 13A proposes to continue the current measures applicable to the experimental closed area indefinitely. The Council would review the configuration and size of the experimental closed area within 3 years of the publication date of the final rule that would implement Amendment 13A and would reevaluate all measures applicable to the area after 10 years.

The Council believes these actions provide the most biological, social, and economic benefits while allowing for adaptive management. Extending the prohibition on fishing for snappergrouper species in the experimental closed area for an indefinite period will continue to protect snappergrouper populations and protect Oculina coral and associated habitat. Such extension will also provide a hedge against the high degree of scientific uncertainty associated with the status of snappergrouper species and reduce the possibility that these populations may fall below sustainable levels. Economically it is expected that the longterm benefits, such as ``insurance'' against the uncertainty of stock assessments and the nonuse benefits of extending the prohibitions on snappergrouper fishing in the closed area, outweigh the shortterm benefits of opening the area to harvest. These measures are also expected to provide the most longterm positive social impacts because they allow for adaptive management which can be seen as an assurance to the public that the area will be monitored and reviewed. Should the Council find after the 3year review on size and configuration that the boundaries of the area are not appropriate, they can be changed at that time. In addition, the 10year reevaluation period will assure the public that the area will not be closed and forgotten.

Additional background and rationale for the measures discussed above are contained in Amendment 13A.

Proposed Rule

A proposed rule that would implement the measures in Amendment 13A 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 MagnusonStevens Act, and other applicable law. If that determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment.

Consideration of Public Comments

Comments received by the end of the comment period of the notice of availability of the FMP, whether specifically directed to the FMP or the proposed rule, will be considered by NMFS in its decision to approve, disapprove, or partially approve Amendment 13A. Comments received after that date will not be considered by NMFS in this decision. All comments received by NMFS on Amendment 13A or the proposed rule during their respective comment periods will be addressed in the preamble of the final rule.

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

Dated: October 29, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 0327686 Filed 11303; 8:45 am]
BILLING CODE 351022S

FOR FURTHER INFORMATION CONTACT Julie Weeder. telephone: 727-570-5753, fax: 727-570-5583, e-mail: Julie.Weeder@noaa.gov.