Coral and Coral Reefs of the Gulf of Mexico and South Atlantic

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 638

[I.D. 010494A]

Coral and Coral Reefs of the Gulf of Mexico and South Atlantic

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of intent to prepare a supplemental environmental impact

statement (SEIS) and request for comments.

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SUMMARY: NMFS announces the intention of the Gulf of Mexico and South

Atlantic Fishery Management Councils (Councils) to prepare an SEIS for

proposed Amendment 2 to the Fishery Management Plan for Coral and Coral

Reefs of the Gulf of Mexico and South Atlantic (FMP). The FMP was

prepared by the Councils and approved and implemented by the Secretary

of Commerce under provisions of the Magnuson Fishery Conservation and

Management Act (Magnuson Act). The purpose of Amendment 2 is to manage

the harvest of ``live rock,'' living marine organisms attached to a

hard substrate, such as dead coral or rock, and used primarily in the

marine aquarium trade. Management measures under consideration include

a prohibition on, or phase-out of, harvest of live rock with possible

provisions for aquaculture; establishment of an annual quota or limited

access management program; and implementation of a permitting system

for wild harvest or aquaculture.

The Councils intend to conduct a continuing public process to

determine the scope of issues to be addressed and to identify the

significant issues related to live rock management. The purpose of this

notice is to inform the public of this ongoing process and of the

opportunity to participate by submitting written comments.

DATES: Written comments on the scope of the SEIS must be submitted by

February 14, 1994.

ADDRESSES: Scoping comments and requests for additional information

should be sent to Georgia Cranmore, Fishery Administrator, National

Marine Fisheries Service, 9450 Koger Boulevard, St. Petersburg, FL

33702. Copies of the public hearing document for this amendment may be

obtained by writing to the Gulf of Mexico Fishery Management Council,

5401 West Kennedy Boulevard, suite 331, Tampa, FL 33609-2486.

FOR FURTHER INFORMATION CONTACT:

Georgia Cranmore, 813-893-3161.

SUPPLEMENTARY INFORMATION: In 1989, the Florida Department of Natural

Resources (FDNR) (now Department of Environmental Protection)

determined that live rock harvest (i.e., the collection of rocks with

marine organisms attached for use in home aquariums) was detrimental to

the Florida Reef Tract and other hard bottom habitat areas. The Florida

Marine Fisheries Commission (FMFC) noted that the only current net

production of the carbonate substrate underlying live rock occurs on

living coral reefs and, in Florida, these areas are either in

equilibrium or eroding. FDNR personnel testified that more than 90

percent of the live rock examined at the request of enforcement agents

contained visible colonies of prohibited corals, such as stony corals

and sea fans. The FMFC concluded that live rock removal (1) can violate

State and Federal laws that prohibit taking of corals, (2) reduces the

surface area and topographic complexity of Florida's coral reefs and

other live bottom areas, and (3) removes entire micro- communities

along with targeted aquarium species. As a result of these

consideration, Florida prohibited live rock landings from State waters

in May 1989. As a result of this rulemaking, live rock harvesting

efforts shifted to the exclusive economic zone (EEZ) off Florida.

The FMFC has noted that in 1991 approximately 35 individuals

reported combined landings of about 300 tons of live rock from EEZ

waters adjacent to the Florida Reef Tract, Florida's east coast reefs,

and the Gulf of Mexico hard bottom areas. In 1992, reported Florida

landings from the EEZ totalled about 400 tons.

Although the Councils have discussed the live rock issue,

particularly pertaining to EEZ waters over recent years, they took no

regulatory action since the FMFC had decided to initiate rulemaking

regarding live rock landings from the EEZ off Florida. Specifically,

the Councils deferred action since Florida's planned phase-out of live

rock landings appeared to address what seemed to be a Florida area

management issue.

In June 1992, the Florida Governor and Cabinet approved the FMFC

rule to phase-out live rock landings in Florida from the EEZ over a 3-

year period ending on June 30, 1995. The phase-out was designed to

allow development of live rock aquaculture which would be exempt from

the eventual total harvest ban. The phase-out was to be accomplished by

a 25 percent annual reduction in allowable landings (based on the 1991

reported landings) accompanied by a 500 pound daily vessel limit.

On March 31, 1993, a U.S. District Court Judge issued a preliminary

injunction to prevent enforcement of Florida's quota and vessel landing

limits relating to possession or landing of live rock taken in the EEZ.

Florida live rock fishermen argued that the Magnuson Act superseded

State landing laws and the Councils had made ``an affirmative and

conscious decision'' not to prohibit the taking of live rock in the

EEZ.

Because of the District Court action, the Councils are now

concerned that removal of live rock from the EEZ is currently

unregulated. Also, there is a growing interest in harvest of live rock

from North Carolina to Alabama. In April 1993, the South Atlantic

Council approved a motion to include live rock in the FMP and

reactivate the Coral Advisory Panel. In May 1993, the Gulf Council, on

being advised of recent live rock landings in Alabama, and at the

request of that State and Florida, initiated development of options for

live rock management. In June 1993, the South Atlantic Council held a

public scoping meeting in Duck Key, Florida, to solicit input from the

harvesters and the general public on the management of live rock. In

November 1993, the Councils prepared a draft Amendment 2 to the FMP to

address live rock issues, and established a schedule for further public

hearings. See ADDRESSES to obtain a copy of this document.

The Councils are considering the following management measures for

Amendment 2 (with certain alternatives indicated).

Proposed Management Measures and Alternatives

A. Definitions for Management Unit

(1) Define live rock and add it to the management unit.

(2) Redefine allowable octocorals to eliminate taking of live rock

under existing provisions of the FMP.

B. Management of the Live Rock Harvest

(1) No action.

(2) Harvest limits: a. establish an annual harvest quota for live

rock; b. limit access and provide effort limits.

(3) Harvest prohibition: a. prohibit live rock harvest; b. phase-

out live rock harvest; c. provide for aquaculture of otherwise

prohibited live rock.

(4) Provide for different management in the jurisdictional areas of

the two councils.

(5) Permits: a. provide for a Federal permit for wild live rock

harvest and possession; b. provide for a Federal permit for possession

and harvest of live rock from aquaculture; and c. provide for a Federal

permit to take prohibited live rock for scientific and educational

purposes.

The South Atlantic Council's Habitat and Environmental Protection

Committee prefers a prohibition on harvest and possession of live rock

on implementation of Amendment 2, possibly as early as 1994. The Gulf

Council prefers to allow three years of continued harvest after

implementation of Amendment 2 to allow additional time for harvesters

to convert to aquaculture; subsequently, harvest and possession of live

rock would be limited to persons with aquaculture permits.

Timetable for SEIS Preparation and Decisionmaking Schedule

The South Atlantic Council is holding public hearings on live rock

management on January 5, 1994, in Savannah, Georgia, on January 6 in

Duck Key, Florida, and on January 13 in Wrightsville Beach, North

Carolina. The Gulf Council will hold hearings on January 11, in

Pensacola, Florida, and on January 19, in Clearwater Beach, Florida.

Specific times and locations are available from the Gulf Council listed

above. The Gulf Council is scheduled to take action on the draft

amendment and a draft SEIS at its January 19 meeting in Clearwater

Beach, Florida. The South Atlantic Council is scheduled to take action

on these draft documents at its February 7-11 meeting in St. Augustine,

Florida.

The draft SEIS is expected to be filed with the Environmental

Protection agency in February or March 1994 for public review and

comment. Following a 45-day public comment period, a final SEIS will be

prepared in support of the final Amendment 2 to be submitted by the

Councils to the Secretary of Commerce for review and approval (expected

by 1994).

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

Dated: January 10, 1994.

Richard H. Schaefer,

Director of Office of Fisheries Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 94-946 Filed 1-13-94; 8:45 am]

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