17812 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 090225239–9311–01] 

RIN 0648–AX73 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 30B Supplement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule to resolve an error contained in the 

proposed rule to implement 

Amendment 30B to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP) 

prepared by the Gulf of Mexico Fishery 

Management Council (Council) that 

published in the Federal Register on 

November 18, 2008. The error would 

have implemented a restriction for the 

Edges seasonal-area closure that was not 

intended. This proposed rule would 

establish the Edges seasonal-area 

closure consistent with the intent of 

Amendment 30B. 

DATES: Written comments must be 

received on or before May 4, 2009. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘0648–AX73’’ by any of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• Mail: Peter Hood, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ‘‘NOAANMFS–2008–0203’’ in the keyword 

search, then select ‘‘Send a Comment or 

Submission.’’ NMFS will accept 

anonymous comments (enter N/A in the 

required fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Copies of Amendment 30B, which 

includes an environmental impact 

statement, an initial regulatory 

flexibility analysis (IRFA), and a 

regulatory impact review may be 

obtained from the Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607; telephone 813–348–1630; fax 

813–348–1711; e-mail 

gulfcouncil@gulfcouncil.org; or may be 

downloaded from the Council’s website 

at http://www.gulfcouncil.org/. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, 727–824–5305. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the FMP. The FMP was 

prepared by the Council and is 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

Background 

NMFS published a proposed rule to 

implement Amendment 30B on 

November 18, 2008, and requested 

public comment (73 FR 68390). That 

proposed rule contained an error that 

would have implemented a restriction 

applicable to the Edges seasonal-area 

closure that was not intended and was 

not supported by Amendment 30B. This 

proposed rule would correct that error 

and re-propose the provisions 

applicable to the Edges seasonal-area 

closure consistent with the intent of 

Amendment 30B. The Edges seasonalarea closure would prohibit fishing for 

any species under Council jurisdiction 

from January 1 through April 30 each 

year. This proposed closure would 

provide additional protection for 

grouper spawning aggregations, benefit 

other reef fish undergoing overfishing, 

reduce poaching, and facilitate 

enforcement. Additional rationale for 

the measures contained in Amendment 

30B was correctly stated in the preamble 

to the original proposed rule and is not 

repeated here. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the AA has 

determined that this proposed rule is 

consistent with Amendment 30B, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS prepared a Draft 

Environmental Impact Statement (DEIS) 

for Amendment 30B. A notice of 

availability for the DEIS was published 

on August 8, 2008 (73 FR 46269). A 

notice of availability for the final 

environmental impact statement was 

published on October 24, 2008 (73 FR 

63470). 

NMFS prepared an IRFA, as required 

by section 603 of the Regulatory 

Flexibility Act, for the original proposed 

rule for Amendment 30B. Of the four 

alternatives considered for seasonal 

closure in the Edges, the proposed 

action provides the best balance 

between short-term adverse economic 

effects on small entities and adequate 

protection of gag. Two alternatives 

would create more adverse economic 

effects by imposing longer fishing 

closures than the proposed action while 

one alternative would result in less 

adverse economic effects but would 

open up the area to fishing during half 

of the peak spawning season for gag. A 

complete summary of the IRFA is 

provided in the proposed rule published 

on November 18, 2008 (73 FR 68390), 

and is not repeated here. A copy of the 

full analysis is available from the 

Council (see ADDRESSES). 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: April 13, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

1. The authority citation for part 622 

continues to read as follows: 

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

2. In § 622.34, the introductory 

heading of paragraph (k), paragraphs 

(k)(1)(iii), (k)(2), (k)(3), and the first 

sentence of paragraph (k)(5) are revised 

to read as follows: 

* * * * * 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(k) Closure provisions applicable to 

the Madison and Swanson sites, 

Steamboat Lumps, and the Edges. 


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Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 17813 

(1) * * * 

(iii) The Edges is bounded by rhumb 

lines connecting, in order, the following 

points: 

Point North lat. West long. 

A 28°51′ 85°16′ 

B 28°51′ 85°04′ 

C 28°14′ 84°42′ 

D 28°14′ 84°54′ 

A 28°51′ 85°16′ 

(2) Within the Madison and Swanson 

sites and Steamboat Lumps, possession 

of Gulf reef fish is prohibited, except for 

such possession aboard a vessel in 

transit with fishing gear stowed as 

specified in paragraph (k)(4) of this 

section. 

(3) Within the Madison and Swanson 

sites and Steamboat Lumps during 

November through April, and within the 

Edges during January through April, all 

fishing is prohibited, and possession of 

any fish species is prohibited, except for 

such possession aboard a vessel in 

transit with fishing gear stowed as 

specified in paragraph (k)(4) of this 

section. The provisions of this 

paragraph, (k)(3), do not apply to highly 

migratory species. 

* * * * * 

(5) Within the Madison and Swanson 

sites and Steamboat Lumps, during May 

through October, surface trolling is the 

only allowable fishing activity. * * * 

* * * * * 

[FR Doc. E9–8902 Filed 4–16–09; 8:45 am] 

BILLING CODE 3510–22–S 


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