Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 26829 

additional shareholders would be 

limited to immediate family members. 

The Council has submitted 

Amendment 15B for Secretarial review, 

approval, and implementation. NMFS’ 

decision to approve, partially approve, 

or disapprove Amendment 15B will be 

based, in part, on consideration of 

comments, recommendations, and 

information received during the 

comment period on this notice of 

availability. After consideration of these 

factors, and consistency with the 

Magnuson-Stevens Act and other 

applicable laws, NMFS will publish a 

final rule in the Federal Register 

announcing the Agency’s decision to 

approve, partially approve, or 

disapprove Amendment 15B, and the 

associated rationale. If approved, the 

provisions of Amendment 15B would be 

specified in regulations. 

Public comments received by 5 p.m. 

eastern time, on August 3, 2009, will be 

considered by NMFS in the approval/ 

disapproval decision regarding 

Amendment 15B. 

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

Dated: May 29, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13089 Filed 6–3–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

RIN 0648–AS65 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Aquaculture 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of Availability of the 

Fishery Management Plan for Regulating 

Offshore Marine Aquaculture in the 

Gulf of Mexico (FMP); request for 

comments. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) has 

submitted the FMP for review, approval, 

and implementation by NMFS. The 

FMP is intended to establish a 

comprehensive permitting and 

regulatory framework to manage the 

development of an environmentally 

sound and economically sustainable 

aquaculture industry in the Gulf of 

Mexico exclusive economic zone (EEZ). 

The FMP would establish application 

and permit requirements, aquaculture 

operational requirements and 

restrictions, siting requirements and 

conditions, and recordkeeping and 

reporting requirements; specify 

allowable aquaculture species; provide 

for evaluation and approval/disapproval 

of proposed aquaculture systems (e.g., 

cages or net pens); establish restricted 

access zones around aquaculture 

facilities; and establish a regulatory 

framework for modifying certain 

aquaculture-related management 

measures consistent with the provisions 

of the FMP. In addition, the FMP would 

establish biological reference points and 

status determination criteria specific to 

aquaculture in the EEZ. 

DATES: Comments must be received no 

later than 5 p.m., eastern time, on 

August 3, 2009. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘0648–AS65’’, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: Jess Beck, 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–2008–0233’’ in the keyword 

search, then check the box labeled 

‘‘Select to find documents accepting 

comments or submissions’’, 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). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of the FMP 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/. The FMP 

includes a Programmatic Environmental 

Impact Statement (PEIS), an Initial 

Regulatory Flexibility Analysis, a 

Regulatory Impact Review, and a Social 

Impact Assessment/Fishery Impact 

Statement. 

FOR FURTHER INFORMATION CONTACT: Jess 

Beck, telephone: 727–824–5301; fax: 

727–824–5320; e-mail: 

Jess.Beck@noaa.gov. 

SUPPLEMENTARY INFORMATION: 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 

Demand for protein is increasing in 

the United States. Today imports 

account for over 80 percent of the U.S. 

seafood consumption. As demand for 

seafood as protein continues to increase 

many commercial wild-capture fisheries 

are being fished at or above sustainable 

levels and are likely unable to meet 

such growing demand. Aquaculture of 

commercially and recreationally 

important species has been suggested as 

one method to meet the current and 

future demands for seafood. 

Currently, there is no process for 

accommodating commercial scale 

offshore aquaculture in Gulf of Mexico 

exclusive economic zone, other than 

live rock aquaculture which is 

authorized under Amendments 2 and 3 

to the Coral and Coral Reefs FMP. 

NOAA Fisheries Service may issue an 

exempted fishing permit (EFP) to 

conduct offshore aquaculture in federal 

waters; however, an EFP is of limited 

duration and is not intended for 

commercial production of fish and 

shellfish. The Council has submitted the 

FMP to NMFS for agency review under 

procedures of the Magnuson-Stevens 

Act. The purpose of this FMP is to 

establish a comprehensive permitting 

and regulatory framework to manage the 

development of an environmentally 

sound and economically sustainable 

aquaculture industry in the EEZ. 

The Council chose alternatives that 

would: establish application and permit 

requirements, aquaculture operational 

requirements and restrictions, siting 

requirements and conditions, and 

recordkeeping and reporting 

requirements; specify allowable 

aquaculture species; provide for 

evaluation and approval/disapproval of 

proposed aquaculture systems (e.g., 

cages or net pens); establish restricted 

access zones around aquaculture 

facilities; establish a regulatory 

26830 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 

framework for modifying certain 

aquaculture-related management 

measures consistent with the provisions 

of the FMP; and establish biological 

reference points and status 

determination criteria specific to 

aquaculture in the EEZ. 

The FMP, including the PEIS, would 

serve as the basis for evaluating the 

potential effects of issuing permits to 

Gulf aquaculture operations. Potential 

effects falling outside the scope of the 

actions proposed would be further 

analyzed through additional National 

Environmental Policy Act analyses 

conducted by the Council and NMFS. 

The Council has submitted the FMP 

for Secretarial review, approval, and 

implementation. NMFS’ decision to 

approve, partially approve, or 

disapprove the FMP will be based, in 

part, on consideration of comments, 

recommendations, and information 

received during the comment period on 

this notice of availability. After 

consideration of these factors, and 

consistency with the Magnuson-Stevens 

Act and other applicable laws, NMFS 

will publish a notice of agency action in 

the Federal Register announcing the 

Agency’s decision to approve, partially 

approve, or disapprove the FMP, and 

the associated rationale. 

Consideration of Public Comments 

Public comments received by 5 p.m. 

eastern time, on August 3, 2009, will be 

considered by NMFS in the approval/ 

disapproval decision regarding the FMP. 

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

Dated: May 29, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13090 Filed 6–3–09; 8:45 am] 

BILLING CODE 3510–22–S