NoAA regulations

Proposed Rule to Establish a Fixed Closed Season for Gulf Recreational Greater Amberjack NOAA Fisheries Service Seeks Public Comment on a Proposed Rule to Establish a Fixed Closed Season for the Recreational Harvest of Greater Amberjack in the Gulf of Mexico NOAA Fisheries Service has published a proposed rule that, if approved and implemented, would establish a June 1 through July 31 seasonal closure for recreational harvest of greater amberjack in or from the Gulf of Mexico (Gulf) federal waters. The intended effect of the proposed rule is to maintain the rebuilding plan targets for the overfished greater amberjack resource, reduce the likelihood of exceeding the recreational quota for greater amberjack, minimize in-season quota closures for greater amberjack during peak recreational fishing months, and increase social and economic benefits for Gulf recreational fishers by maximizing the number of fishing days available to the recreational sector. Background: In 2009, the recreational sector exceeded its greater amberjack quota. The recreational sector was closed on October 24 after NOAA Fisheries Service projected the recreational quota was met. Final landings indicated the recreational quota was exceeded by 9 percent. In accordance with established accountability measures, the recreational quota for 2010 was reduced to account for this overage. In response to this quota closure, the Gulf of Mexico Fisheries Management Council (Council) developed a regulatory amendment to establish a fixed closed season to the harvest of greater amberjack by the recreational sector. Based on public input, the Council selected to have a seasonal closure during June and July. These are peak recreational harvesting months of greater amberjack; closing federal waters during this time frame is expected to allow recreational fishing for greater amberjack to occur in all other months of the year, without exceeding the quota before year’s end. This two month closure coincides with the open recreational seasons for other managed reef fish species, including red snapper, and provides recreational fishers the opportunity to fish for at least one of the targeted species year round (provided the recreational quota for greater amberjack is not exceeded). A closed season for Gulf greater amberjack that overlaps with an open season for Gulf red snapper is intended to minimize the social and economic impacts to recreational fishers in the Gulf. Dates: Comments must be received no later than 5 p.m., eastern time, on February 23, 2011. Addresses: You may submit comments, identified by “0648-BA48”, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal http://www.regulations.gov. See instructions below. • Mail: Rich Malinowski, Southeast Regional Office, NOAA Fisheries Service, 263 13th Avenue South, St. Petersburg, Florida 33701. Instructions for electronic submissions: No comments will be posted for public viewing until after the comment period is over. 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 “NOAA-NMFS-2010-0281” in the keyword search, then check the box labeled “Select to find documents accepting comments or submissions,” then select “Send a Comment or Submission.” NOAA Fisheries Service will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). Southeast Fishery Bulletin National Marine Fisheries Service, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, Florida 33701 Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Comments received by February 23, 2011, will be considered by NOAA Fisheries Service in its decision to approve, disapprove, or partially approve the proposed action. Comments received after that date will not be considered by NOAA Fisheries Service in this decision. All comments received by NOAA Fisheries Service will be addressed in the final rule. Copies of the regulatory amendment, which includes an environmental assessment, an initial regulatory flexibility analysis, and a regulatory impact review, may be obtained from the Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite1100, Tampa, Florida 33607; telephone 813-348-1630; fax 813-348-1711; e-mail gulfcouncil@gulfcouncil.org; or may be downloaded from the Council’s Web site at http://www.gulfcouncil.org/. For Further Information Contact: Rich Malinowski, 727-824-5305; fax: 727-824-5308. This bulletin provides only a summary of the information regarding the proposed rule. Any discrepancies between this bulletin and the proposed rule published in the Federal Register will be resolved in favor of the Federal Register. If you would like to receive these fishery bulletins via e-mail as soon as they are published, e-mail us at: SERO.Communications.Comments@noaa.gov.

The following is a news release from the Atlantic States Marine Fisheries Commission: ASMFC Summer Flounder, Scup and Black Sea Bass Board to Meet February 3, 2011 to Discuss Recreational Measures for Summer Flounder and Black Sea Bass Arlington, VA - The ASMFC Summer Flounder, Scup and Black Sea Bass Board will meet via a web-based conference call on February 3, 2011 at 1:00 p.m. The purpose of the meeting will be for the Board to consider approval of the 2011 state conservation equivalency proposals for summer flounder, as well as review possible options for recreational black sea bass management. In December, the Board tasked staff with developing options for regional and state-by-state black sea bass measures. The Board may choose to move forward with including these options in a draft addendum for public comment to be approved on the conference call. The Board decided to meet via conference call in February to allow the necessary administrative time for the states to implement their summer flounder recreational measures before the start of the 2011 fishery. To join the call, please go to the ASMFC website under meetings for instructions for the web and telephone portions of the call, http://www.asmfc.org/meetings.htm. For more nformation, please contact Toni Kerns, Senior FMP Coordinator for Management, at (703) 842-0740 or . ************************* Tina Berger Public Affairs Specialist Atlantic States Marine Fisheries Commission 1050 N. Highland St., Suite 200 A-N Arlington, VA 22201-2196 (p) 703.842.0740 (f) 703.842.0741 tberger@asmfc.org www.asmfc.org ASMFC Vision: Healthy, self-sustaining populations for all Atlantic coast fish species or successful restoration well in progress by the year 2015.

The following is a news release from the Atlantic States Marine Fisheries Commission: States Schedule Hearings on Draft Addendum VI to the Tautog FMP Draft Addendum Proposes Measures to Address Illegal Live Market and Prevent Overfishing Arlington, VA - Atlantic coastal states from Massachusetts through Virginia have scheduled their hearings to gather public comment on Draft Addendum VI to the Interstate Fishery Management Plan for Tautog. The dates, times, and locations of the scheduled meetings follow: Massachusetts Division of Marine Fisheries February 10, 2011; 6:00 PM Fall River Heritage State Park, Visitors Center Auditorium 200 Davol Street Fall River, Massachusetts Contact: Nichola Meserve at (617) 626-1531 Rhode Island Division of Fish and Wildlife February 15, 2011; 5:00 PM URI, Graduate School of Oceanography Coastal Institute Auditorium 215 South Ferry Road Narragansett, Rhode Island Contact: Jason McNamee at (401) 423-1943 Connecticut Dept. of Environmental Protection February 8, 2011; 7:00 PM Marine Headquarters Boating Education Center 333 Ferry Road Old Lyme, Connecticut Contact: David Simpson at (860) 434-6043 New York Dept. of Environmental Conservation February 22, 2011; 7:00 PM Marine Resources Headquarters 205 North Belle Mead Rd, Suite 1 East Setauket, New York Contact: Steve Heins at (631) 444-0436 New Jersey Division of Fish and Wildlife February 15, 2011; 7:00 PM Ocean County Administrative Building Public Hearing Room 119 101 Hooper Avenue Toms River, New Jersey Contact: Pete Himchak at (609) 748-2020 Delaware Dept. of Natural Resources and Environmental Control February 8, 2011; 6:00 PM Shoreline and Waterway Management Section Lewes Field Facility 901 Pilottown Road Lewes, Delaware Contact: Cynthia Cleaver at (302) 645-1061 Maryland Dept. of Natural Resources February 9, 2011; 5:00 PM Ocean Pines Library 11107 Cathell Road Ocean Pines, Maryland Contact: Carrie Kennedy at (410) 260-8295 Virginia Marine Resources Commission February 15, 2011; 6:00 PM 2600 Washington Avenue, 4th Floor Newport News, Virginia Contact: Jack Travelstead at (757) 247-2247 The Draft Addendum proposes two changes to the tautog management program: (1) address the illegal trade of live tautog and, (2) prevent increases in fishing mortality (F) prior to the completion of the next assessment. The Draft Addendum was initiated in response to concern regarding the condition of the tautog stock and possible increased pressure on the stock due to illegal fishing activities and continued overfishing. Over the past couple of years, the Board has received reports from its Advisory Panel, Technical Committee, and the fishing public expressing concern about the illegal trade of live tautog and increased poaching. Options to address illegal live harvest include prohibiting recreational anglers from possessing live tautog and requiring recreational anglers to mark any live tautog. Given that coastwide F continues to exceed the target established in Addendum IV, the Draft Addendum also proposes measures to prevent increases in F prior to the completion of the next assessment (spring/summer 2011). Specific options include requiring states to implement additional restrictions to meet the F target, a reduction of the F target, a requirement that state regulations prohibit possession in excess of existing bag/possession limits, and recommendations for tautog management in federal waters. The Draft Addendum also contains several other management issues for public comment that may be developed and considered in a future addendum. Fishermen and other interested groups are encouraged to provide input on the Draft Addendum, either by attending public hearings or providing written comments. The Draft Addendum can be obtained via the Commission's website at www.asmfc.org under Breaking News or by contacting the Commission at (703) 842-0740. Public comment will be accepted until 5:00 PM (EST) on March 4, 2011 and should be forwarded to Chris Vonderweidt, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; (703) 842-0741 (FAX) or at cvonderweidt@asmfc.org (Subject line: Tautog Addendum VI). For more information, please contact Chris Vonderweidt at (703) 842-0740 or cvonderweidt@asmfc.org. ************************* Tina Berger Public Affairs Specialist Atlantic States Marine Fisheries Commission 1050 N. Highland St., Suite 200 A-N Arlington, VA 22201-2196 (p) 703.842.0740 (f) 703.842.0741 tberger@asmfc.org www.asmfc.org ASMFC Vision: Healthy, self-sustaining populations for all Atlantic coast fish species or successful restoration well in progress by the year 2015.

NOAA Fisheries Service Announces Closure Date for the South Atlantic Recreational Black Sea Bass Fishery NOAA Fisheries Service Announces Closure Date for the South Atlantic Recreational Black Sea Bass Fishery NOAA Fisheries Service has determined that the 2010-2011 recreational annual catch limit (ACL) of 409,000 pounds for black sea bass has been reached. As a result, the recreational sector for black sea bass in federal waters of the South Atlantic from 35°15.19' N. lat., (the latitude of Cape Hatteras Light, NC) to Key West, FL will be closed, effective 12:01 a.m. (local time) February 12, 2011, through 12:01 a.m. June 1, 2011. For vessels which have a valid federal charter vessel/headboat permit for South Atlantic Snapper-grouper, the closure applies to state and federal waters. The operator of a vessel that has been issued a federal for-hire permit for snapper-grouper must have landed any black sea bass harvested from either state or federal waters prior to 12:01 a.m., local time, February 12, 2011. Background: Black sea bass are overfished (population is too low), and experiencing overfishing (rate of removals is too high). The commercial quota is 309,000 pounds gutted weight, and the recreational allocation is 409,000 pounds gutted weight. Harvest levels must be kept below these levels to prevent fish from being removed too quickly, and to rebuild the black sea bass population. Amendment 17B to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 17B), which becomes effective January 31, 2011, retains these values as the respective commercial and recreational ACLs. Amendment 17B also includes black sea bass accountability measures (AMs), which are actions intended to prevent the ACL from being exceeded. If the ACL is projected to be met, the recreational fishery would be closed. If the ACL is exceeded, the ACL for the following fishing year will be reduced by the amount of the overage. That determination will be made before the next fishing year begins. Commercial Sector: Commercial harvest of black sea bass closed on October 7, 2010, because NOAA Fisheries Service projected landings would reach the quota by that time. However, an updated report indicated that less fish were landed than expected. The commercial sector for black sea bass reopened from 12:01 a.m. December 1, 2010, until 12:01 a.m. December 15, 2010. It remains closed until June 1, 2011. More information: Information on these and other actions contained in Amendment 17B can be found on the South Atlantic Fishery Management Council’s Web site at http://www.safmc.net, in the Black Sea Bass Frequently Asked Questions, in the Amendment 17B Frequently Asked Questions, and at the following NOAA Fisheries Service Southeast Region Web site http://sero.nmfs.noaa.gov/sf/SASnapp...erHomepage.htm. Written requests for information may be sent to: NOAA Fisheries Service Southeast Regional Office Sustainable Fisheries Division 263 13th Avenue South St. Petersburg, Florida 33701 Black Sea Bass ACLs Black Sea Bass AMs Recreational = 409,000 pounds gutted weight Commercial = 309,000 pounds gutted weight Recreational - if black sea bass are overfished and the ACL is projected to be reached, the recreational fishery would be closed. If the ACL is exceeded, based on a three year running average of landings, the recreational ACL will be reduced the following year by the amount of the overage. For 2011, the average landings of 2010 and 2011 is used. For 2012 and beyond, the most recent three-year running average is used. Commercial - fishery closed when ACL is projected to be met. Southeast Fishery Bulletin National Marine Fisheries Service, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701

States Schedule Hearings on Draft Addendum VI to the Tautog FMP Draft Addendum Proposes Measures to Address Illegal Live Market and Prevent Overfishing -------------------------------------------------------------------------------- Arlington, VA – Atlantic coastal states from Massachusetts through Virginia have scheduled their hearings to gather public comment on Draft Addendum VI to the Interstate Fishery Management Plan for Tautog. The dates, times, and locations of the scheduled meetings follow: Massachusetts Division of Marine Fisheries February 10, 2011; 6:00 PM Fall River Heritage State Park, Visitors Center Auditorium 200 Davol Street, Fall River, Massachusetts Contact: Nichola Meserve at (617) 626-1531 * This hearing will be held jointly with RI DFW Rhode Island Division of Fish and Wildlife February 15, 2011; 5:00 PM URI, Graduate School of Oceanography, Coastal Institute Auditorium 215 South Ferry Road, Narragansett, Rhode Island Contact: Jason McNamee at (401) 423-1943 Connecticut Dept. of Environmental Protection February 8, 2011; 7:00 PM Marine Headquarters Boating Education Center 333 Ferry Road, Old Lyme, Connecticut Contact: David Simpson at (860) 434-6043 New York Dept. of Environmental Conservation February 22, 2011; 7:00 PM Marine Resources Headquarters 205 North Belle Mead Rd, Suite 1, East Setauket, New York Contact: Steve Heins at (631) 444-0436 New Jersey Division of Fish and Wildlife February 15, 2011; 7:00 PM Ocean County Administrative Building, Public Hearing Room 119 101 Hooper Avenue, Toms River, New Jersey Contact: Pete Himchak at (609) 748-2020 Delaware Dept. of Natural Resources and Environmental Control February 8, 2011; 6:00 PM Shoreline and Waterway Management Section, Lewes Field Facility 901 Pilottown Road, Lewes, Delaware Contact: Cynthia Cleaver at (302) 645-1061 Maryland Dept. of Natural Resources February 9, 2011; 5:00 PM Ocean Pines Library 11107 Cathell Road, Ocean Pines, Maryland Contact: Carrie Kennedy at (410) 260-8295 Virginia Marine Resources Commission February 15, 2011; 6:00 PM VMRC Main Office 2600 Washington Avenue, 4th Floor, Newport News, Virginia Contact: Jack Travelstead at (757) 247-2247 The Draft Addendum proposes two changes to the tautog management program: (1) address the illegal trade of live tautog and, (2) prevent increases in fishing mortality (F) prior to the Completion of the next assessment. The Draft Addendum was initiated in response to concern regarding the condition of the tautog stock and possible increased pressure on the stock due to illegal fishing activities and continued overfishing. Over the past couple of years, the Board has received reports from its Advisory Panel, Technical Committee, and the fishing public expressing concern about the illegal trade of live tautog and increased poaching. Options to address illegal live harvest include prohibiting recreational anglers from possessing live tautog and requiring recreational anglers to mark any live tautog. Given that coastwide F continues to exceed the target established in Addendum IV, the Draft Addendum also proposes measures to prevent increases in F prior to the completion of the next assessment (spring/summer 2011). Specific options include requiring states to implement additional restrictions to meet the F target, a reduction of the F target, a requirement that state regulations prohibit possession in excess of existing bag/possession limits, and recommendations for tautog management in federal waters. The Draft Addendum also contains several other management issues for public comment that may be developed and considered in a future addendum. Fishermen and other interested groups are encouraged to provide input on the Draft Addendum, either by attending public hearings or providing written comments. The Draft Addendum can be obtained via the Commission’s website at www.asmfc.org under Breaking News or by contacting the Commission at (703) 842-0740. Public comment will be accepted until 5:00 PM (EST) on March 4, 2011 and should be forwarded to Chris Vonderweidt, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; (703) 842-0741 (FAX) or at cvonderweidt@asmfc.org (Subject line: Tautog Addendum VI). For more information, please contact Chris Vonderweidt at (703) 842-0740 or cvonderweidt@asmfc.org.

Applications Sought For New England Fishery Management Council Applications Sought For New England Fishery Management Council -------------------------------------------------------------------------------- The Commonwealth of Massachusetts is seeking interested individuals for nomination to open seats on the New England Fishery Management Council. Candidates, “by reason of their occupational or other experience, scientific expertise, or training, must be knowledgeable and experienced in ways related to fishery resources of New England.” The seats that will be open to nominations are: Four at-large seats currently held by James J. Fair, Jr., Massachusetts and Mary Beth Nickell-Tooley, Maine, who are completing a first term; Michael P. Leary, New Hampshire, who is completing a second term; and John W. Pappalardo, Massachusetts who is completing a third consecutive term and is thus ineligible for re-nomination to a fourth consecutive term. The New England Fishery Management Council is one of eight regional councils that manage our nation’s marine fisheries seaward of state territorial waters. Responsibilities include the development of fishery management plans that are submitted to the National Marine Fisheries Service and the Secretary of Commerce for approval and implementation. Qualified individuals interested in being considered for nomination to the Council should contact Shannon Davis at (617) 626-1621 or e-mail shannon.davis@state.ma.us by February 10, 2011. Nominees must complete a comprehensive application that will be provided by MarineFisheries and includes a philosophy statement and financial disclosure statement. For further information on the Council and the Council process, please visit www.nefmc.org.

FOR INFORMATION CONTACT: Peter Hood Peter.Hood@noaa.gov January 28, 2011 727-824-5305, FAX 727-824-5308 FB11-004 NOAA Reminds Fishermen of the “THE EDGES” Area Closure Prohibiting Fishing from January 1 through April 30, and Other Area Closures NOAA Fisheries Service reminds fishermen that the area known as “The Edges” in the Gulf of Mexico is closed to all fishing from January 1 through April 30 each year. All commercial and recreational fishing or possession of fish managed by the Gulf of Mexico Fishery Management Council is prohibited in the closed area. Possession is allowed when transiting the area if gear is stowed in accordance with federal regulations. The intent of the closure is to protect gag and other groupers during their respective spawning seasons. The boundaries of the closed area are within lines drawn between the following coordinates:  Northwest corner = 28º 51’N, 85º 16’W Northeast corner = 28º 51’N, 85º 04’W Southwest corner = 28º 14’N, 84º 54’W Southeast corner = 28º 14’N, 84º 42’W NOAA Fisheries Service also reminds fishermen of other closed areas in the same region as “The Edges.” These sites, Madison and Swanson and Steamboat Lumps marine reserves were implemented in 2000 to also protect gag and other grouper species. They are closed year round to reef fish fishing, but fishing for species other than reef fish is allowed in these areas from May through October. Possession of fish species prohibited from harvest in either area is only allowed aboard a vessel in transit with fishing gear stowed in accordance to federal regulations. The boundaries of the marine reserves are within lines drawn between the following coordinates: Madison and Swanson Northwest corner = 29°17'N, 85°50'W Northeast corner = 29°17'N, 85°38'W Southwest corner = 29°06'N, 85°50'W Southeast corner = 29°06'N, 85°38'W Steamboat Lumps Northwest corner = 28°14'N, 84°48'W Northeast corner = 28°14'N, 84°37'W Southwest corner = 28°03'N, 84°48'W Southeast corner = 28°03'N, 84°37'W MapLink: http://sero.nmfs.noaa.gov/sf/pdfs/TheEdges.pdf