Billing Code: 3510-22-F
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. ; I.D. 120996A]
RIN 0648-AJ30
Magnuson Act Provisions; Essential Fish Habitat
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; notice of availability of framework to describe and identify essential fish habitat; request for comments.
SUMMARY: NMFS has developed a framework for guidelines to implement the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), as mandated by the Sustainable Fisheries Act. This framework will be expanded into guidelines, by regulation, that will assist Fishery Management Councils (Councils) in the description and identification of essential fish habitat (EFH), including adverse impacts on EFH, in fishery management plans (FMPs) and in the consideration of actions to conserve and enhance EFH. An advance notice of proposed rulemaking was published on November 8, 1996, soliciting comments to assist NMFS in developing this framework and eventually the guidelines by regulation. NMFS now announces the availability of this framework and invites interested persons to submit written comments, information, and suggestions.
DATES: Written comments must be received on or before February 12, 1997.
ADDRESS: Comments should be sent to the Director, Office of Habitat Conservation, Attention: EFH, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3282.
FOR FURTHER INFORMATION CONTACT: Lee Crockett, NMFS, 301/713-2325. A copy of the framework is available via the Internet at: http://kingfish.ssp.nmfs.gov/rschreib/html/guidev5c.htm, or by contacting one of the following NMFS Offices:
Office of Habitat Conservation, Attention: EFH, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3282; 301/713-2325.
Northeast Regional Office, Attention: Habitat and Protected Resources Division, One Blackburn Drive, Gloucester, MA 01930; 508/281-9328.
Southeast Regional Office, Attention: Habitat Conservation Division, 9721 Executive Center Drive North, St. Petersburg, FL 33702; 813/570-5317.
Southwest Regional Office, Attention: Habitat Conservation Division, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802; 310/980-4041.
Northwest Regional Office, Attention: Habitat Conservation Branch, 525 NE Oregon St., suite 500, Portland, OR 97232; 503/230-5421.
Alaska Regional Office, Attention: Protected Resources Management Division, 709 West 9th Street, Federal Bldg, room 461, P.O. Box 21668, Juneau, AK 99802-1668; 907/586-7235.
SUPPLEMENTARY INFORMATION: NMFS invites comments and information to support efforts to implement the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) mandate to develop guidelines by regulation to describe and identify EFH, including adverse impacts and conservation and enhancement actions, for fisheries managed by any Council or NMFS. Specifically, NMFS is interested in receiving comments and information on: (1) the proposed tiered approach to the description and identification of EFH; (2) the proposed approach to the identification of adverse impacts to EFH; (3) the use of geographic information systems to display EFH; (4) potential impacts of fishing on EFH and conservation and management measures to minimize or mitigate those impacts; (5) the proposed process for NMFS to provide EFH recommendations to the Councils; (6) the proposed process for Federal and state agencies to consult with NMFS on activities that may adversely impact EFH; (7) the proposed procedures for NMFS to provide EFH conservation recommendations to Federal and state agencies; (8) the proposed process for Councils to comment on Federal and state activities that may adversely affect EFH; and (9) the proposed process for NMFS and the Councils to coordinate consultations and recommendations. NMFS also invites comments on which portions of the framework should be adopted by regulation.
Background and rationale were provided in the previous advance notice of proposed rulemaking (61 FR 57843, November 8, 1996) and are not repeated here. Authority: 16 U.S.C. 1801 et seq.
Dated: January 3, 1997.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries,
National Marine Fisheries Service