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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
Written comments on the proposed rule must be received by April 1, 2021.
ADDRESSES: You may submit comments on the proposed rule, identified by NOAANMFS20200142, by either of the following methods:
Electronic submission: Submit all electronic comments via the Federal eRulemaking Portal. Go to http
www.regulations.gov/docket/NOAANMFS-2020-0142, click the Comment Now! icon, complete the required fields, and enter or attach your comments.
Mail: Submit all written comments to Rich Malinowski, NMFS Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information e.g., name, address, etc., confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments enter N/A in required fields if you wish to remain anonymous.
Electronic copies of the framework action may be obtained from www.regulations.gov or the Southeast Regional Office website at https
www.fisheries.noaa.gov/action/
modification-fishing-access-easterngulf-mexico-marine-protected-areas.
The framework action includes an environmental assessment, regulatory impact review, and Regulatory Flexibility Act RFA analysis.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast Regional Office, telephone: 7278245305, or email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the reef fish fishery under the Reef Fish FMP. The Reef Fish FMP was prepared by the Council and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act Magnuson-Stevens Act 16 U.S.C.
1801 et seq..

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Background The Madison-Swanson and Steamboat Lumps MPAs were established on June 19, 2000 65 FR 31827, May 19, 2000.
The two MPAs combined cover 219
square nautical miles nmi2 751 square
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kilometers km2 near the 240-foot 73meter contour, also known as the 40fathom contour, off northwest and west Florida. The area of Madison-Swanson is 115 nmi2 394 km2 and the area of Steamboat Lumps is 104 nmi2 357
km2. The distance between these MPAs is approximately 69 nmi 127 km. The Council and NMFS created the MPAs to provide protection to spawning aggregations of gag, which is a species of grouper, and other reef fish. When the MPAs were implemented, all fishing inside the MPAs was prohibited, except for Atlantic highly migratory species HMS such as tunas, billfishes, and oceanic sharks, which are managed separately by NMFS Atlantic HMS
Management Division. Since 2004, surface trolling has been allowed for non-reef fish species in the MPAs from May 1 through October 31 annually 69
FR 24532, May 4, 2004. In 2006, NMFS
implemented complementary management measures to prohibit fishing for Atlantic HMS except by surface trolling from May 1 through October 31 annually 71 FR 58058, October 2, 2006. In addition, the possession of Gulf reef fish while inside the MPAs is prohibited, except on a vessel in transit with fishing gear stowed as specified in 622.34a4.
At its October 2019 meeting, the Councils Reef Fish Advisory Panel AP
discussed observations of illegal harvest of reef fish species under the appearance of trolling within the boundaries of the MPAs. Reef Fish AP
members believed that the MPAs are not a legitimate trolling destination for nonreef fish species and that the illegal harvest of reef fish is occurring in these areas. Reef Fish AP members also acknowledged that it was possible to drift through the MPAs with fishing tackle weighted deep below the vessel to increase the probability of hooking a reef fish. At this meeting, an enforcement officer from the Florida Fish and Wildlife Conservation Commission noted that enforcement of the MPAs is challenging due to the remote locations.
At its January 2020 meeting, the Council discussed the Reef Fish APs recommendation to prohibit all fishing other than for Atlantic HMS in the MPAs year-round to reduce the potential for targeting reef fish while bottom fishing under the guise of trolling within the MPAs. The U.S.
Coast Guard representative on the Council agreed that enforcement in the MPAs can be difficult due to the distance from port.
In response to these concerns, the Council developed a framework action that would modify the restrictions on
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fishing in, and transiting through, the Madison-Swanson and Steamboat Lumps MPAs in the eastern Gulf. The framework action would prohibit all fishing, except for HMS, year-round in the Madison-Swanson and Steamboat Lumps MPAs, and prohibit the possession of Gulf reef fish year-round in these areas unless a vessel has a valid Federal commercial permit for Gulf reef fish, an operating satellite-based VMS, and is in transit with fishing gear appropriately stowed. The Council determined that eliminating surface trolling from May 1 through October 31, which would effectively close the MPAs to fishing year-round, would make it easier for law enforcement to detect whether a vessel was fishing within the MPAs and result in direct positive effects for mature spawning gag that are known to inhabit the MPAs, as well as other resident federally managed reef fish. The Council also determined that a prohibition on possession Gulf reef fish would aid law enforcement.
However, in response to concerns raised by fishermen who hold Federal commercial reef fish permits, the Council made an exception to this prohibition for vessels issued these permits because those vessels are easily tracked through the required VMS.
These prohibitions would not apply to Atlantic HMS. However, on July 20, 2020, the Council sent a letter that requested the NMFS Atlantic HMS
Management Division consider developing compatible regulations for HMS to the proposed management measures in the framework action.
Federal regulations currently applicable to Atlantic HMS in the MPAs are located at 50 CFR 635.
Management Measures Contained in This Proposed Rule This proposed rule would prohibit fishing year-round in the MadisonSwanson and Steamboat Lumps MPAs.
Additionally, the possession of any Gulf reef fish would be prohibited yearround in the MPAs, with a limited exception.
This proposed rule would revise current fishing restrictions in the MPAs.
Currently, surface trolling is the only allowable fishing activity and is only permitted from May through October each year. Surface trolling is defined in 622.34a5 as fishing with lines trailing behind a vessel which is in constant motion at speeds in excess of four knots 4.6 mph with a visible wake, and the use of downriggers, wire lines, planers, or similar devices is not allowed. Federally managed species that may be targeted by surface trolling in the MPAs include the Gulf CMP species
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