[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Proposed Rules]
[Pages 30176-30180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14739]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 052698E]


South Atlantic Fishery Management Council; Public Hearings

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

ACTION: Public hearings; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) will 
convene six public hearings on its Draft Habitat Plan, Draft Habitat 
Comprehensive Amendment (Draft Habitat Amendment), and associated Draft 
Environmental Impact Statement (DEIS) and Draft Supplemental 
Environmental Impact Statement (DSEIS); and on its Draft Sustainable 
Fisheries Act Amendment (Draft SFA Amendment). Public meetings on the 
NMFS draft Essential Fish Habitat (EFH) recommendations will be held 
following two of the public hearings.

DATES: Written comments will be accepted until 5 p.m. on July 15, 1998. 
The public hearings will be held from June 15 to June 26, 1998; see 
SUPPLEMENTARY INFORMATION for specific dates and times.

ADDRESSES: Written comments on the Council's documents should be sent 
to Bob Mahood, Executive Director, South Atlantic Fishery Management 
Council, One Southpark Circle, Suite 306, Charleston, SC 29407-4699. 
Copies of the Draft Habitat Amendment, DSEIS, and DEIS are available 
from Susan Buchanan at (843) 571-4366 and will also be available to the 
public at the hearings.
    Written comments on the NMFS draft EFH recommendation will be 
accepted at the public meetings, or may be sent to: Habitat 
Conservation Division, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702-2432, Attn: Draft EFH Recommendation to SAC. 
Copies of the draft EFH recommendations may be obtained by calling 
(813) 570-5317.
    The hearings will be held in Florida, Georgia, South Carolina, and 
North Carolina. See SUPPLEMENTARY INFORMATION for locations of the 
hearings and for special accommodations.

FOR FURTHER INFORMATION CONTACT: Susan Buchanan, Public Information 
Officer, South Atlantic Fishery Management Council, 843-571-4366; fax: 
843-769-4520; e-mail address: <a href="/cdn-cgi/l/email-protection#097a7c7a6867276b7c6a61686768674967666868276e667f"><span class="__cf_email__" data-cfemail="2d5e585e4c43034f584e454c434c436d43424c4c034a425b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Council will hold public hearings on the 
Draft Habitat Plan, the Draft Habitat Amendment and its DEIS and DSEIS, 
and the Draft SFA Amendment. These amendments have been prepared to 
satisfy the requirements of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), as amended in October 1996 
by the Sustainable Fisheries Act.

[[Page 30177]]

Draft Habitat Plan and Draft Habitat Amendment

    The Draft Habitat Plan includes background and additional rationale 
for the Draft Habitat Amendment.
    The Draft Habitat Amendment would amend the Council's existing 
Fishery Management Plans (FMPs) to include EFH provisions and would 
create, in part, two new FMPs for sargassum and calico scallops. The 
Draft Habitat Amendment includes the following management measures:
    1. Amendment 4 to the FMP for the Shrimp Fishery of the South 
Atlantic Region would:
    Action 1. Identify EFH for penaeid and rock shrimp.
    Action 2. Establish Essential Fish Habitat-Habitat Areas of 
Particular Concern (EFH-HAPCs) for penaeid shrimp.
    Action 3. Require use of transponders by rock shrimp vessels 
fishing in the South Atlantic exclusive economic zone (EEZ).
    The following two options are being considered, with no preferred 
option:
    Option A. Require use of transponders by shrimp vessels in the 
South Atlantic EEZ.
    Option B. Require use of transponders by shrimp vessels fishing in 
the South Atlantic EEZ south of 28 deg.30' N. lat.
    2. Amendment 1 to the FMP for the Red Drum Fishery of the South 
Atlantic Region would:
    Action 1. Identify EFH for red drum.
    Action 2. Establish EFH-HAPCs for red drum.
    3. Amendment 10 to the FMP for the Snapper-Grouper Fishery of the 
South Atlantic Region would:
    Action 1. Identify EFH for species in the snapper-grouper 
management unit.
    Action 2. Establish EFH-HAPCs for species in the snapper-grouper 
management unit.
    Action 3. Prohibit all fishing within the Experimental Closed Area.
    4. Amendment 10 to the FMP for the Coastal Migratory Pelagics 
Fishery of the South Atlantic Region would:
    Action 1. Identify EFH for coastal migratory pelagics.
    Action 2. Establish EFH-HAPCs for coastal migratory pelagics.
    Action 3. Prohibit fishing for coastal migratory pelagics in the 
Experimental Closed Area.
    5. Amendment 1 to the FMP for the Golden Crab Fishery of the South 
Atlantic Region would:
    Action 1. Identify EFH for golden crab.
    Action 2. Establish EFH-HAPCs for golden crab.
    6. Amendment 5 to the FMP for the Spiny Lobster Fishery of the 
South Atlantic Region would:
    Action 1. Identify EFH for spiny lobster.
    Action 2. Establish EFH-HAPCs for spiny lobster.
    Action 3. Prohibit fishing for spiny lobster in the Experimental 
Closed Area.
    7. Amendment 4 to the FMP for Coral, Coral Reefs, and Live/Hard 
Bottom Habitats of the South Atlantic Region would:
    Action 1. Identify EFH for coral, coral reefs, and live/hard bottom 
habitats of the South Atlantic Region.
    Action 2. Establish EFH-HAPCs for coral, coral reefs, and live/hard 
bottom habitats.
    Action 3A. Expand the Oculina Bank HAPC to an area bounded to the 
west by 80 deg. W. long., to the north by 28 deg.30' N. lat., to the 
south by 27 deg.30' N. lat., and to the east by the 100-fathom (600-ft) 
(182-m) depth contour.
    Action 3B. Expand the Oculina Bank HAPC by 1 to 5 miles on the 
western side between 27 deg.30' N. lat. and 28 deg.30' N. lat.
    Action 4. Prohibit all fishing within the Experimental Closed Area.
    8. The FMP for the Calico Scallop Fishery of the South Atlantic 
Region would:
    Action 1. Identify EFH for calico scallops.
    Action 2. Establish EFH-HAPCs for calico scallops.
    Action 3. Establish an FMP for the calico scallop fishery of the 
South Atlantic Region.
    Action 4. Prohibit harvest of calico scallops in the area bounded 
to the west by 80 deg. W. long., to the north by 28 deg.30' N. lat., to 
the south by 27 deg.30' N. lat., and to the east by the 100-fathom 
(600-ft) (182-m) depth contour.
    Action 5. Require use of transponders by calico scallop vessels.
    The following two options are being considered, with no preferred 
option:
    Option A. Require use of transponders by calico scallop vessels in 
the South Atlantic EEZ.
    Option B. Require use of transponders by calico scallop vessels 
fishing in the South Atlantic EEZ south of 28 deg.30' N. lat.

NMFS Draft EFH Recommendations

    NMFS is in the process of developing EFH recommendations to the 
Council in accordance with the recent amendments to the Magnuson-
Stevens Act. The NMFS draft EFH recommendation to the Council includes 
a review and comments on the draft EFH amendment. The NMFS draft EFH 
recommendation to the Council will be available for public distribution 
June 8, 1998, and will be available at all of the Council's public 
hearings. Copies may be requested (see ADDRESSES). NMFS will hold a 
public meeting on the draft NMFS EFH recommendations immediately 
following the Council's public hearings in St. Augustine, FL, on June 
15, and in Charleston, SC, on June 22. Written comments on the NMFS 
draft EFH recommendations will be accepted at the two public meetings 
or may be sent to the NMFS Habitat Conservation Division (see 
ADDRESSES).

Draft SFA Amendment

    The Draft SFA Amendment includes management measures that would 
address the subjects listed here. The Council approved this amendment 
for public hearing with no preferred options, given that the Magnuson-
Stevens Act national standard guidelines had not been finalized at that 
time. The Draft SFA Amendment contains the following measures:
    1. Definitions to address consistency with SFA section 102 
definitions:
    Action 1. No action to amend FMPs is required.
    2. Other Required Provisions; Bycatch--bycatch management measures 
and bycatch reporting requirements.
    Action 2. No action to amend the bycatch management measures in the 
FMPs is required.
    3. Commercial, recreational, and charter fishing--sector 
descriptions, landing trends, and data specification.
    Action 3. No action to amend FMPs is required.
    4. Fishing communities--identification and definition of fishing 
communities.
    Action 4. Amend the Shrimp, Red Drum, Snapper-Grouper, Coastal 
Migratory Pelagics, Golden Crab, Spiny Lobster, Coral and Coral Reefs 
and Live/Hard Bottom Habitat FMPs to include available information on 
fishing communities.
    5. Maximum Sustainable Yield (MSY), Optimum Yield (OY), 
overfishing, and overfished.
    Action 5. Amend the Shrimp, Red Drum, Snapper-Grouper, Coastal 
Migratory Pelagics, Golden Crab, Spiny Lobster, Coral and Coral Reefs 
and Live/Hard Bottom Habitat FMPs as required. (No preferred options--
see the following options).
    A. Shrimp FMP.
    1. MSY.
    Option 1. No action.
    Option 2. MSY is equal to 30 to 40 percent of the static spawning 
potential ratio (SPR) (Council to specify).
    Option 3. Other modifications to the proxy MSY values. Note: Under 
this option, one would have to develop the rationale for any such 
modification.

[[Page 30178]]

    2. OY.
    Option 1. No action.
    Option 2. The Council's target level or OY is 30 to 100 percent of 
the static SPR (Council to specify).
    Option 3. Other modifications to the OY specifications. Note: Under 
this option, one would have to develop the rationale for any such 
modification.
    3. Overfishing level to meet Magnuson-Stevens Act mandate.
    Option 1. No action.
    Option 2. Modify the overfishing definitions.
    Note: Under this option, one would have to develop the rationale 
for any such modification.
    Option 3. Modify the rock shrimp definition to track brown and pink 
shrimp.
    Option 4. Establish a rebuilding timeframe equal to 1 to 10 years, 
or within a time period equal to 1.5 times the mean generation time. 
Generation time is computed as the age at which the average female 
achieves half of her expected lifetime egg production (Council to 
specify).
    B. Red Drum FMP.
    1. MSY.
    Option 1. No action.
    Option 2. MSY is equal to 30 to 40 percent of the static SPR 
(Council to specify).
    2. OY.
    Option 1. No action.
    Option 2. OY for the Atlantic Coast red drum fishery is the amount 
of harvest that can be taken by U.S. fishermen while maintaining the 
SPR at or above 40 to 100 percent of the static SPR (Council to 
specify).
    Option 3. Other modifications to the OY specification. Note: Under 
this option, one would have to develop the rationale for any such 
modification.
    3. Overfishing level to meet the Magnuson-Stevens Act mandate.
    Option 1. No action.
    Option 2. Specify a threshold level in the range of 1 to 20 percent 
of SPR, an overfished level in the range of 20 to 55 percent SPR, and a 
target (OY) level in the range of 30 to 100 SPR.
    Option 3. Other modifications to the overfishing definitions.
    Note: Under this option, one would have to develop the rationale 
for any such modification.
    Option 4. Specify a threshold level of between 2 pounds (0.4 kg) 
and 1 million pounds (0.4 million kg) (Council to specify).
    Option 5. Establish a rebuilding timeframe equal to 1 to 10 years 
or within a time period equal to 1.5 times the mean generation time. 
Generation time is computed as the age at which the average female 
achieves half of her expected lifetime egg production (Council to 
specify).
    C. Snapper-Grouper FMP.
    1. MSY.
    Option 1. No action.
    Option 2. MSY is equal to 30 to 40 percent of the static SPR 
(Council to specify).
    Option 3. Other modifications to the proxy MSY values. Note: Under 
this option, one would have to develop the rationale for any such 
modification.
    2. OY.
    Option 1. No action.
    Option 2. For snapper-grouper species that change sex, or for all 
snapper-grouper species (Council to specify), specify a target or OY 
level equal to F<INF>0.1</INF>.
    Option 3. Other modifications to the OY specifications. Note: Under 
this option, one would have to develop the rationale for any such 
modification.
    3. Overfishing level to meet the Magnuson-Stevens Act mandate.
    Option 1. No action.
    Option 2. Redefine overfishing.
    a. A snapper-grouper species (including jewfish) is considered to 
be overfished when the transitional SPR is below 20 percent.
    b. When a stock is overfished (transitional SPR less than 20 
percent), a rebuilding program that makes consistent progress toward 
restoring the stock condition must be implemented and continued until 
the stock is restored beyond the overfished condition. The rebuilding 
program must be designed to achieve recovery within an acceptable 
timeframe as specified by the Council (generally cannot exceed 10 
years). The Council will continue to rebuild the stock until the stock 
is restored to the management target (OY).
    c. When a stock is not overfished (transitional SPR equal to or 
greater than 20 percent), the act of overfishing is defined as a static 
SPR that exceeds 20 percent (i.e., F20%). If fishing mortality rates 
that exceed the level associated with the static SPR overfished level 
are maintained, the stock may become overfished. Therefore, if 
overfishing is occurring, a program to reduce fishing mortality rates 
toward management target levels (OY) will be implemented, even if the 
stock is not in an overfished condition.
    d. The threshold level for snapper-grouper species is defined as 10 
percent transitional SPR. If the stock(s) were to be overfished to such 
an extent that their transitional SPR was below the threshold level, 
the Council will take appropriate action, including, but not limited 
to, eliminating directed fishing mortality and evaluating measures to 
eliminate any bycatch mortality in a timely manner through the 
framework procedure.
    e. For species where there is insufficient information to determine 
whether the stock is overfished (transitional SPR), overfishing is 
defined as a fishing mortality rate in excess of the fishing mortality 
rate corresponding to a default static SPR of 30 percent. If 
overfishing is occurring, a program to reduce fishing mortality rates 
to at least the level corresponding to management target levels will be 
implemented.
    f. The timeframe for recovery of overfished stocks remains 
unchanged. For species that were not documented as overfished in 
Amendment 3 to the Snapper-Grouper FMP, Year 1 is the year in which the 
species is documented as being overfished. For example, gag were 
documented as being overfished in the 1996 assessment; therefore, Year 
1 for gag is 1996.
    Option 3. Specify a threshold level in the range of 5 to 30 percent 
SPR and a target level in the range of 30 to 50 percent SPR.
    Option 4. Establish species-specific definitions of overfishing--
target, overfished, and threshold. For example, jewfish--specify 50 
percent SPR as a target level, 40 percent SPR as an overfished level, 
and 20 percent as the threshold level.
    Option 5. Specify a threshold level in the range of 1 to 20 percent 
SPR, an overfished level in the range of 20 to 50 percent SPR, and a 
target (OY) level in the range of 30 to 100 percent SPR.
    Option 6. Specify a threshold level of between 2 pounds (0.8 kg) 
and 1 million pounds (0.4 million kg) (Council to specify) for each 
species.
    Option 7. For snapper-grouper species that change sex, or for all 
snapper-grouper species (Council to specify), specify an overfished 
level equal to F<INF>max</INF>.
    Option 8. The Snapper-Grouper Assessment Group concluded that 
rebuilding to OY should occur within a time period equal to 1.5 times 
the mean generation time. Generation time is computed as the age at 
which the average female achieves half of her expected lifetime egg 
production.
    D. Coastal Migratory Pelagics FMP.
    1. MSY.
    Option 1. No action.
    Option 2. MSY is equal to 30 to 40 percent static SPR (Council to 
specify).
    2. OY.
    Option 1. No action.
    Option 2. Specify a target level or OY in the range of 30 to 100 
percent SPR (Council to specify).
    Option 3. Modifications to the OY specification.
    Note: Under this option, one would have to develop the rationale 
for any such modification.

[[Page 30179]]

    3. Overfishing level to meet the Magnuson-Stevens Act mandate.
    Option 1. No action.
    Option 2. Redefine overfishing (proposed action in Amendment 8 to 
the FMP).
    a. A mackerel stock or migratory group is considered to be 
overfished when the transitional SPR is below 20 percent.
    b. When a stock or migratory group is overfished (transitional SPR 
less than 20 percent), a rebuilding program that makes consistent 
progress toward restoring stock condition must be implemented and 
continued until the stock is restored beyond the overfished condition. 
The rebuilding program must be designed to achieve recovery within an 
acceptable timeframe as specified by the South Atlantic and Gulf of 
Mexico Fishery Management Councils (Councils). The Councils will 
continue to rebuild the stock until the stock is restored to the 
management target (OY) within an unspecified timeframe.
    c. When a stock is not overfished (transitional SPR equal to or 
greater than 20 percent), the act of overfishing is defined as a static 
SPR that exceeds the threshold of 20 percent (i.e., F<INF>20%</INF>). 
If fishing mortality rates that exceed the level associated with the 
static SPR overfished level are maintained, the stock may become 
overfished. Therefore, if overfishing is occurring, a program to reduce 
fishing mortality rates toward management target levels (OY) will be 
implemented, even if the stock is not in an overfished condition.
    d. The Councils have requested that the Mackerel Stock Assessment 
Panel provide a range of possibilities and options for specifying an 
absolute biomass level that could be used to represent a depleted 
condition or state. In a future amendment, the Councils will describe a 
process whereby, if the biomass is below such a level, the Councils 
would take appropriate action, including, but not limited to, 
eliminating directed fishing mortality and evaluating measures to 
eliminate any bycatch mortality in a timely manner through the 
framework procedure.
    e. For species like cobia, where there is insufficient information 
to determine whether the stock or migratory group is overfished 
(transitional SPR), overfishing is defined as a fishing mortality rate 
in excess of the fishing mortality rate corresponding to a default 
threshold static SPR of 30 percent. If overfishing is occurring, a 
program to reduce fishing mortality rates to at least the level 
corresponding to management target levels will be implemented.
    Option 3. Specify a threshold level in the range of 1 to 20 percent 
SPR, an overfished level in the range of 20 to 55 percent SPR, and a 
target (OY) level in the range of 30 to 100 percent SPR.
    Option 4. Specify a threshold level of between 2 pounds (0.8 kg) 
and 2 million pounds (0.8 million kg) (Council to specify) for each 
species.
    Option 5. Rebuilding to OY should occur within a time period equal 
to 1.5 times the mean generation time. Generation time is computed as 
the age at which the average female achieves half of her expected 
lifetime egg production.
    E. Golden Crab FMP.
    1. MSY.
    Option 1. No action.
    Option 2. MSY is equal to 30 to 40 percent static SPR (Council to 
specify).
    2. OY.
    Option 1. No action.
    Option 2. OY for the golden crab fishery is the amount of harvest 
that can be taken by U.S. fishermen while maintaining the SPR at or 
above 40 percent static SPR.
    Option 3. Other modifications to the OY specification. Note: Under 
this option, one would have to develop the rationale for any such 
modification.
    3. Overfishing level to meet the Magnuson-Stevens Act mandate.
    Option 1. No action.
    Option 2. Specify a threshold level of between 2 pounds (0.8 kg) 
and 2 million pounds (0.8 million kg) (Council to specify).
    Option 3. Specify a threshold level in the range of 1 to 20 percent 
SPR, an overfished level in the range of 20 to 55 percent SPR, and a 
target (OY) level in the range of 30 to 100 percent SPR.
    Option 4. Rebuilding to OY should occur within a time period equal 
to 1.5 times the mean generation time. Generation time is computed as 
the age at which the average female achieves half of her expected 
lifetime egg production.
    F. Spiny Lobster FMP.
    1. MSY.
    Option 1. No action.
    Option 2. MSY is equal to 30 to 40 percent static SPR (Council to 
specify).
    2. OY.
    Option 1. No action.
    Option 2. OY for the spiny lobster fishery is the amount of harvest 
that can be taken by U.S. fishermen while maintaining the SPR at or 
above 40 to 100 percent (Council to specify).
    Option 3. Other modifications to the OY specification. Note: Under 
this option, one would have to develop the rationale for any such 
modification.
    3. Overfishing level to meet the Magnuson-Stevens Act mandate.
    Option 1. No action.
    Option 2. Specify a threshold level in the range of 1 to 20 percent 
SPR, an overfished level in the range of 20 to 55 percent SPR, and a 
target (OY) level in the range of 30 to 100 percent SPR.
    Option 3. Specify a threshold level of between 2 pounds (0.8 kg) 
and 2 million pounds (0.8 million kg) (Council to specify) for each 
species.
    Option 4. Rebuilding to OY should occur within a time period equal 
to 1.5 times the mean generation time. Generation time is computed as 
the age at which the average female achieves half of her expected 
lifetime egg production.
    G. Sargassum Habitat FMP.
    1. MSY.
    Option 1. No action.
    Option 2. MSY is equal to 30 to 40 percent static SPR (Council to 
specify).
    Option 3. Given the limited data, do not specify a MSY at this 
time.
    2. OY.
    Option 1. OY for sargassum is the level of harvest specified or as 
may be authorized pursuant to the permitting criteria established in 
this plan.
    Option 2. OY for the sargassum fishery is the amount of harvest 
that can be taken by U.S. fishermen while maintaining the SPR at or 
above 40 to 100 percent (Council to specify).
    Option 3. OY is all sargassum that can be harvested legally under 
the provisions of the Sargassum FMP, which is equivalent to that level 
of sargassum harvest that would minimize user conflicts among vessels, 
minimize the cost of fishing, produce a stable level of landings that 
would maximize returns to the fishermen, provide for a stable supply, 
and minimize management costs.
    Option 4. Other modifications to the OY specification. Note: Under 
this option, one would have to develop the rationale for any such 
modification.
    3. Overfishing level to meet the Magnuson-Stevens Act mandate.
    Option 1. No action.
    Option 2. Specify a threshold level in the range of 1 to 20 percent 
SPR, an overfished level in the range of 20 to 55 percent SPR, and a 
target (OY) level in the range of 30 to 100 percent SPR.
    Option 3. Specify a threshold level of between 2 pounds and 2 
million pounds (Council to specify) for each species.
    Option 4. Rebuilding to OY should occur within a time period equal 
to 1.5 times the mean generation time. Generation time is computed as 
the age at which the average female achieves half of her expected 
lifetime egg production.

[[Page 30180]]

DEIS and DSEIS Public Comment Period

    NMFS intends to file the DSEIS and DEIS with the Environmental 
Protection Agency to initiate a 45-day public comment period pursuant 
to the requirements of the National Environmental Policy Act, prior to 
the Council's public hearings.

Public Hearings

    The hearings will begin at 6 p.m. and will end when all business is 
completed. The dates and locations are scheduled as follows:
    1. Monday, June 15, 1998--Ponce de Leon Resort, 4000 U.S. Highway 
1, North, St. Augustine, FL; telephone: 904-924-2821;
    2. Monday, June 22, 1998--Town & Country, 2008 Savannah Highway, 
Charleston, SC; telephone: 843-571-1000;
    3. Tuesday, June 23, 1998--Carteret Community College, 3505 
Arendell Street, Morehead City, NC; telephone: 919-247-3094;
    4. Wednesday, June 24, 1998--Holiday Inn, Highway 17 South at I-95, 
Richmond Hill (near Savannah), GA; telephone: 912-756-3351;
    5. Thursday, June 25, 1998--Holiday Inn, 7151 Okeechobee Road, Ft. 
Pierce, FL; telephone: 561-464-5000;
    6. Friday, June 26, 1998--Hawk's Cay Resort, Mile Marker 61, 
Marathon, FL; telephone: 305-743-7000.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to the Council office (see ADDRESSES) 
by June 9, 1998.

    Dated: May 28, 1998.
George H. Darcy,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-14739 Filed 6-2-98; 8:45 am]
BILLING CODE 3510-22-F


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