[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Proposed Rules]
[Pages 54518-54519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18357]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 090905A]
RIN 0648-AS66


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Gulf of Mexico Essential Fish Habitat Amendment

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

ACTION: Availability of fishery management plan amendment; request for 
comments.

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SUMMARY: NMFS announces the availability of Generic Amendment 3 to the 
Fishery Management Plans (FMP) of the Gulf of Mexico (EFH Amendment 3) 
prepared by the Gulf of Mexico Fishery Management Council (Council). 
EFH Amendment 3 would amend each of the seven Council FMPs -coral and 
coral reef resources, coastal migratory pelagics, red drum, reef fish, 
shrimp, spiny lobster, and stone crab- to describe and identify 
essential fish habitat (EFH); minimize to the extent practicable the 
adverse effects of fishing on EFH; and encourage conservation and 
management of EFH. This amendment would establish additional habitat 
areas of particular concern (HAPC), restrict fishing activities within 
HAPCs to protect EFH, and require a weak link in bottom trawl gear to 
protect EFH. The intended effect of EFH Amendment 3 is to facilitate 
long-term protection of EFH, and, thus, better conserve and manage 
fishery resources in the Gulf of Mexico.

DATES: Written comments must be received no later than 5 p.m., eastern 
time, on November 14, 2005.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#764640424e5b3725404058383937361819171758111900"><span class="__cf_email__" data-cfemail="c4f4f2f0fce98597f2f2ea8a8b8584aaaba5a5eaa3abb2">[email protected]</span></a>. Include in the subject 
line the following document identifier: 0648-AS66-NOA.
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Peter Hood, Southeast Regional Office, NMFS, 263 
13\th\ Avenue South, St. Petersburg, FL 33701.
    <bullet> Fax: 727-824-5308, Attention: Peter Hood.
    Copies of the Environmental Impact Statement (EIS) and EFH 
Amendment 3, which includes a Regulatory Impact Review (RIR) and 
Initial Regulatory Flexibility Analyses (IRFA), may be obtained from 
the Gulf of Mexico Fishery Management Council, 2203 N. Lois Avenue, 
Suite 1100, Tampa, FL 33607; telephone: 813-348-1630; fax: 813-348-
1711; e-mail: <a href="/cdn-cgi/l/email-protection#781f0d141e1b170d161b1114381f0d141e1b170d161b111456170a1f"><span class="__cf_email__" data-cfemail="7611031a1015190318151f1a3611031a1015190318151f1a58190411">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Peter Hood, 727-824-5305; fax 727-824-
5308; e-mail: <a href="/cdn-cgi/l/email-protection#dbabbeafbea9f5b3b4b4bf9bb5b4babaf5bcb4ad"><span class="__cf_email__" data-cfemail="4f3f2a3b2a3d612720202b0f21202e2e61282039">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: EFH Amendment 3 addresses fisheries under 
the FMPs for coral and coral reef resources, coastal migratory 
pelagics, red drum, reef fish, shrimp, spiny lobster, and stone crab. 
The FMPs were prepared by the Council, except for the FMPs for coastal 
migratory pelagics and spiny lobster, which were prepared jointly by 
the South Atlantic and Gulf of Mexico Fishery Management Councils. All 
of these FMPs, except the spiny lobster and stone crab FMPs, are 
implemented under the authority of the

[[Page 54519]]

Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622. The FMP for the Spiny 
Lobster Fishery of the Gulf of Mexico and South Atlantic is implemented 
by regulations at 50 CFR part 640. The FMP for the Stone Crab Fishery 
of the Gulf of Mexico is implemented by regulations at 50 CFR part 654.
    EFH Amendment 3 would define EFH for each FMP and identify the 
following HAPCs: the Florida Middle Grounds, Madison-Swanson Marine 
Reserve, Tortugas North and South Ecological Reserves, Pulley Ridge, 
and the individual reefs and banks of the Northwestern Gulf of Mexico 
(East and West Flower Garden Banks, Stetson Bank, Sonnier Bank, MacNeil 
Bank, 29 Fathom, Rankin Bright Bank, Geyer Bank, McGrail Bank, Bouma 
Bank, Rezak Sidner Bank, Alderice Bank, and Jakkula Bank). The 
amendment also contains proposed alternatives to establish the 
following fishing restrictions in the Gulf of Mexico: (1) Prohibit 
bottom anchoring over coral reefs in the East and West Flower Garden 
Banks, McGrail Bank, Pulley Ridge, and North and South Tortugas 
Ecological Reserves HAPCs, and on the significant coral resources on 
Stetson Bank; (2) prohibit the use of trawling gear, bottom longlines, 
buoy gear, and all traps/pots on coral reefs in the East and West 
Flower Garden Banks, McGrail Bank, Pulley Ridge, and North and South 
Tortugas Ecological Reserves HAPCs, and on the significant coral 
communities on Stetson Bank; and (3) require a weak link in the tickler 
chain of bottom trawls on all habitats throughout the Gulf of Mexico 
exclusive economic zone. A weak link is defined as a length or section 
of the tickler chain that has a breaking strength less than the chain 
itself and is easily seen as such when visually inspected.
    A proposed rule that would implement the measure outlined in EFH 
Amendment 3 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 Magnuson-Stevens 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.
    Comments received by November 14, 2005, whether specifically 
directed to the FMP or the proposed rule, will be considered by NMFS in 
its decision to approve, disapprove, or partially approve the 
amendment. Comments received after that date will not be considered by 
NMFS in this decision. All comments received by NMFS on the amendment 
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 9, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-18357 Filed 9-14-05; 8:45 am]
BILLING CODE 3510-22-S


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