ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

MOBILE AND BALDWIN COUNTIES

NOTICE OF REQUEST FOR A REVIEW OF A FEDERAL AGENCY’S CONSISTENCY DETERMINATION FOR A PROPOSED FEDERAL ACTION
PUBLIC NOTICE - 591

The Alabama Department of Environmental Management (ADEM) hereby gives notice that the National Marine Fisheries Service (NMFS) has requested, in accordance with Title 15 C.F.R. 930 Subpart C, review of a proposed federal action pursuant to ADEM Administrative Code division 335-8.

The NMFS is proposing to clarify terms used in the Direct Enhancement of Snapper Conservation and the Economy through Novel Devices Act of 2020 (Descend Act). Section 3 of the Descend Act requires commercial and recreational fishermen to have a descending device or a venting tool on the vessel and ready for use when fishing for federally managed reef fish species in Gulf of Mexico (Gulf) Federal waters. The purpose of this proposed rule is to clarify the statutory definitions of descending device and venting tool. The NMFS has determined that the proposed activity is consistent to the maximum extent practicable with the enforceable policies of the Alabama Coastal Area Management Program (ACAMP).

Any person wishing to make comments or provide additional information relative to the proposed activity’s consistency with the ACAMP must submit such comments or information by letter or by email to ADEM at the address below within fifteen (15) calendar days following the publication date of this notice. Only those comments, which address issues within the Department’s scope of authority, can be considered. All correspondence regarding this proposal should reference application number ACAMP-2022-015.

Sarila Mickle
Mobile Branch Office
Alabama Department of Environmental Management
3664 Dauphin Street, Suite B
Mobile, Alabama 36608-1211
Coastal@adem.alabama.gov

Copies of all information submitted are available for public inspection at the ADEM office located at the above address Monday – Friday (except legal holidays), 8:00 am to 5:00 pm. Arrangements for copying should be made in advance. This Public Notice is available on the internet at http://adem.alabama.gov/newsEvents/publicNotices.cnt. The ADEM Division 335-8 rules are available on the internet at adem.alabama.gov.

After consideration of all written comments and consideration of the requirements of the Alabama Coastal Area Management Act and ADEM Coastal Program rules, the Department will make a final determination.  The Department’s determination, associated documents and all comments received during the public comment period will be available for inspection at the ADEM office located at the above address during normal working hours.  Notice of the final permit decision will be sent to any person who requests such notice, in writing, during this comment period.

Notice is hereby given this 3rd day of November, 2021, by authorization of the Alabama Department of Environmental Management.

Nondiscrimination Statement: The Department does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the administration of its programs.