[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Proposed Rules]
[Page 28188-28189]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my03-35]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 030409081-3081-01; I.D. 032103B]
Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Extension of Comment Period
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed emergency rule; partial extension of comment period.
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SUMMARY: NMFS is extending the public comment period on the measures
associated with the proposed NE Multispecies DAS Leasing Program of the
NE multispecies proposed emergency rule that was published in the
Federal Register on April 24, 2003, through June 10, 2003. The
emergency rule proposes to continue management measures implemented on
August 1, 2002, consistent with the Settlement Agreement Among Certain
Parties (Settlement Agreement) and to implement a DAS Leasing Program
to mitigate impacts of the Settlement Agreement measures and to provide
flexibility to some segments of the fishing industry. The intent of
this notification is to inform the public that the comment period on
the proposed DAS Leasing Program will be extended until June 10, 2003.
In addition, NMFS informs the public that the docket number for the
proposed rule published April 24, 2003, was inadvertently omitted. This
document reflects the docket number related to the April 24, 2003,
proposed rule.
DATES: The comment period on the proposed regulatory text for the DAS
Leasing Program contained in Sec. Sec. 648.2, 648.4(a)(1)(i)(G),
648.14, 648.82, and Sec. 648.92 of the April 24, 2003 (68 FR 20096)
proposed emergency rule is extended from May 27, 2003, through June 10,
2003. The comment period on the continuation of the Settlement
Agreement measures and amendments to Sec. 648.4(a)(1)(i)(I)(2) and
(c)(2)(iii) and Sec. 648.81(h)(1) will end on May 27, 2003. All
comments must be received no later than 5 p.m., local time, on the last
day of the respective comment periods.
ADDRESSES: Written comments on the proposed emergency rule should be
sent to Patricia A. Kurkul, Regional Administrator, National Marine
Fisheries Service, One Blackburn Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ``Comments on the Proposed Emergency Rule for
Groundfish.'' Comments also may be sent via facsimile (fax) to (978)
281-9135. Comments will not be accepted if submitted via e-mail or
Internet.
FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst,
phone 978-281-9347, fax: 978-281-9135; email: thomas.warren@noaa.gov.
SUPPLEMENTARY INFORMATION: A proposed emergency rule was published in
the Federal Register on April 24, 2003 (68 FR 20096) and subsequently
corrected on May 9, 2003 (68 FR 24914), that would continue measures
implemented on August 1, 2002, consistent with the Settlement
Agreement, which was adopted by the U.S. District Court (Court) for the
District of Columbia in a Remedial Order (Order) issued on May 23,
2002, as a result of Conservation Law Foundation, et al. v. Evans, et
al. In addition, the emergency rule would implement a DAS Leasing
Program under the emergency authority of section 305(c) of the
Magnuson-Stevens Fishery Conservation and Management Act in order to
mitigate the impacts resulting from the continuation of the August 1,
2002, interim final rule measures (67 FR 50292). The DAS Leasing
Program would allow limited access NE multispecies vessels to lease
their NE multispecies DAS during the current fishing year. Additional
information on the background and proposed measures appear in the
preamble of the April 24, 2003, proposed emergency rule and are not
repeated here.
[[Page 28189]]
Due to the newness and potential controversiality of the DAS
Leasing Program and its implications, NMFS is extending the comment
period through June 10, 2003, on the DAS leasing aspect of the proposed
emergency rule only (the comment period on the Settlement Agreement
measures remains unchanged and, thus, ends on May 27, 2003). Extension
of the comment period on the DAS Leasing Program will allow additional
time for the public to comment on this important component of the
proposed emergency rule. In order to be compliant with the requirements
of the Administrative Procedure Act and to allow for a full 30-day
delay in effectiveness of the proposed rule measures, should they be
approved, extension of the comment period will require that there be
two decisions made by the Assistant Administrator for Fisheries on
measures in the proposed rule: One for the continuation of the
Settlement Agreement measures, and one for the DAS Leasing Program.
This will require two implementing final rules, with different
implementation dates, for each of these aspects of the proposed rule.
A Draft Environmental Assessment (EA) was prepared and noticed for
the April 24, 2003, proposed rulemaking. That EA addressed the impacts
of both the emergency extension of the Settlement Agreement measures
and the added DAS Leasing Program. For the first rulemaking, should it
be approved, this EA and the associated Finding of No Significant
Impact (FONSI) will be revised to reflect a preferred alternative that
includes only the proposed extension of the Settlement Agreement
measures, with a later determination that would be made on the DAS
Leasing Program suboption. The second rulemaking, should it be
approved, would be based on the EA and a second FONSI that would
include the DAS Leasing Program suboption and address any comments
received on the DAS Leasing Program within the extended comment period.
Depending on the nature of the comments, the EA and FONSI could be
further revised or amended.
The Settlement Agreement measures currently in place through an
interim rule extension (68 FR 2919, January 22, 2003) will expire on
July 27, 2003. To avoid a gap in the continuation of the Settlement
Agreement measures ordered by the Court, the proposed emergency rule
must be effective no later than July 28, 2003.
Also, NMFS inadvertently omitted the docket number in the proposed
rule published on April 24, 2003 (68 FR 20096). However, the correction
document to the proposed rule published on May 9, 2003 (68 FR 24914)
and this extension notification reflect the docket number assigned to
this action by the Department of Commerce.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 19, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 03-13013 Filed 5-20-03; 2:30 pm]
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