Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Essential Fish Habitat Generic Amendment to the Fishery Management Plans of the U.S. Caribbean

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 110298A]

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;

Essential Fish Habitat Generic Amendment to the Fishery Management

Plans of the U.S. Caribbean

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of agency decision.

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SUMMARY: NMFS announces the partial approval of the Essential Fish

Habitat (EFH) Generic Amendment to the Fishery Management Plans (FMPs)

of the U.S. Caribbean (Generic EFH

[[Page 14885]]

Amendment), as submitted by the Caribbean Fishery Management Council

(Council).

ADDRESSES: Requests for copies of the Generic EFH Amendment (two

volumes), which includes an environmental assessment, should be sent to

the Caribbean Fishery Management Council, 268 Munoz Rivera Avenue,

Suite 1108, San Juan, Puerto Rico 00918-2577, Phone: 787-766-5926; FAX:

787-766-6239.

FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 727-570-5305.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation

and Management Act (Magnuson-Stevens Act) requires each regional

fishery management council to submit any FMP or amendment to NMFS for

review and approval, disapproval, or partial approval.

NMFS published guidelines to assist the regional fishery management

councils in the description and identification of EFH in FMPs,

including identification of adverse impacts from both fishing and non-

fishing activities on EFH and identification of actions required to

conserve and enhance EFH (62 FR 66531, December 19, 1997).

On November 20, 1998, NMFS published a notice of public

availability of the Generic EFH amendment, and requested comments (63

FR 64463). A 60-day public comment period on the amendment ended on

January 19, 1999. No regulations were published for this amendment. A

summary of the comments received and NMFS' responses are provided

below.

Agency Decision

After considering the Council's Generic EFH Amendment and the

public comments received, NMFS advised the Council on February 18,

1999, that it had partially approved the amendment. Specifically, NMFS

advised that the amendment was approved for its 17 selected species and

corals but that EFH designations were lacking for the remaining managed

species and approval of these designations was deferred to a subsequent

amendment. NMFS advised the Council that as soon as possible it should

identify and describe EFH for the remaining species or, alternatively,

identify ecological relationships between the selected species and the

remaining species in the FMPs' fishery management units in order to

justify using the selected species as representatives. NMFS indicated

that it would work with the Council to obtain necessary additional

scientific information (and noted efforts underway) that will assist

the Council in its completion of these EFH designations in the near

future.

Comments and Responses

During the comment period on the Generic EFH Amendment, NMFS

received two written comments.

Comment: Because a number of the species affected by the Generic

EFH Amendment, including queen conch, are distributed both inside and

outside U.S. waters in the Caribbean, cooperation with other

governments in that region will be necessary to achieve effective

conservation and management.

Response: NMFS agrees with this statement and plans to continue to

assist in efforts to develop Caribbean-wide management plans for these

species.

Comment: A commenter recommended disapproval of the fishing gear

impact sections of the amendment. Although the commenter recognized

that additional research is needed to fully evaluate effects of fishing

gear on EFH, the commenter believes action must be taken now to

mitigate adverse impacts on coral and other habitats. The commenter

provided specific recommendations for action on limiting the use of

traps and nets for the reef fish, spiny lobster and coral FMPs.

Response: NMFS believes that the Council could not have completed

the biological and socioeconomic analyses needed to support management

measures to limit fishing gear and still meet the mandated time frame

of the EFH amendment. NMFS notes that the Council plans to address gear

effects during 1999 and is preparing background documents for options

regarding a trap reduction program for the reef fish and spiny lobster

fisheries.

NMFS believes that the Council's EFH amendment adequately addresses

fishing impacts on EFH and provides the basis for future actions when

more information is available.

Comment: A commenter requested that the non-fishing related impact

portion of the EFH amendment be disapproved because it does not include

procedures for evaluating potential impacts of state and Federal permit

applicants on a case-by-case basis. The commenter provided

recommendations on procedures for consultations with other agencies on

EFH, including the need for thorough public review of the process and

its conclusions.

Response: The Magnuson-Stevens Act does not require the Councils to

develop consultation procedures. NMFS has published procedures for

Federal and state agencies and the Councils to use to coordinate,

consult, or provide recommendations on Federal or state activities that

may adversely impact EFH (50 CFR Part 600, Subpart K). Councils are

encouraged to develop their own internal procedures for the development

of Council recommendations but this is not a required element of their

EFH amendments.

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

Dated: March 23, 1999.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 99-7652 Filed 3-26-99; 8:45 am]

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