South Atlantic Fishery Management Council; Public Hearings

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.

-----------------------------------------------------------------------

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: [email protected].

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 F0.1.

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 Fmax.

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., 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 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