[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Proposed Rules]
[Page 15716-15717]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-AP60
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Mackerel, Squid, and Butterfish Fisheries; Amendment 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of a fishery management plan amendment;
request for comments.
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SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management
Council (Council) has submitted Amendment 9 to the Atlantic Mackerel,
Squid, and Butterfish (MSB) Fishery Management Plan (FMP) (Amendment
9), incorporating the public hearing document and the Initial
Regulatory Flexibility Analysis (IRFA), for review by the Secretary of
Commerce and is requesting comments from the public. The goal of
Amendment 9 is to remedy deficiencies in the FMP and to address other
issues that have arisen since Amendment 8 to the FMP became effective
in 1999. Amendment 9 would establish multi-year specifications for all
four species managed under the FMP (mackerel, butterfish, Illex squid
(Illex), and Loligo squid (Loligo)) for up to 3 years; extend the
moratorium on entry into the Illex fishery, without a sunset provision;
adopt biological reference points recommended by the Stock Assessment
Review Committee (SARC) for Loligo; designate essential fish habitat
(EFH) for Loligo eggs based on best available scientific information;
and prohibit bottom trawling by MSB-permitted vessels in Lydonia and
Oceanographer Canyons.
DATES: Comments must be received on or before May 27, 2008.
ADDRESSES: A final supplemental environmental impact statement (FSEIS)
was prepared for Amendment 9 that describes the proposed action and
other considered alternatives and provides a thorough analysis of the
impacts of the proposed measures and alternatives. Copies of Amendment
9, including the FSEIS, the Regulatory Impact Review (RIR), and the
Initial Regulatory Flexibility Analysis (IRFA), are available from:
Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management
Council, Room 2115, Federal Building, 300 South New Street, Dover, DE
19904-6790. The FSEIS/RIR/IRFA is accessible via the Internet at http:/
/www.nero.nmfs.gov.
Electronic Submissions: Submit all electronic public comments via
the Federal e-Rulemaking portalhttp://www.regulations.gov;
Fax: (978) 281-9135, Attn: Carrie Nordeen;
Mail to Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope ``Comments on MSB Amendment 9.''
Instructions: 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 (e.g., name, address,
etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments. Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF formats only.
SUPPLEMENTARY INFORMATION:
Background
This amendment is needed to remedy deficiencies in the FMP and to
address other issues that have arisen since Amendment 8 to the FMP (64
FR 57587, October 26, 1999) became effective in 1999. Although
Amendment 8 was partially approved in 1999, NMFS noted that the
amendment inadequately addressed some Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) requirements for
Federal FMPs. Specifically, the amendment was considered deficient with
respect to: Consideration of fishing gear impacts on EFH as they relate
to MSB fisheries; designation of EFH for Loligo eggs; and the reduction
of bycatch and discarding of target and non-target species in the MSB
fisheries.
An earlier draft of Amendment 9, adopted by the Council on February
15, 2007, contained several management measures intended to address
deficiencies in the MSB FMP that relate to discarding, especially as
they affect butterfish. Specifically, these management measures would
have attempted to reduce finfish discards by MSB small-mesh fisheries
through mesh size increases in the directed Loligo fishery, removal of
mesh size exemptions for the directed Illex fishery, and establishment
of seasonal Gear Restricted Areas (GRAs). However, these specific
management alternatives were developed in 2004, prior to the butterfish
stock being declared overfished.
In February 2005, NMFS notified the Council that the butterfish
stock was overfished and this triggered Magnuson-Stevens Act
requirements to implement rebuilding measures for the stock. In
response, Amendment 10 to the FMP was initiated by the Council in
October 2005. Amendment 10 contains a rebuilding program for butterfish
with management measures designed to reduce the fishing mortality on
butterfish that occurs through discarding. Management measures that
reduce the discarding of butterfish are expected to also reduce the
bycatch of other finfish species in MSB fisheries. On June 13, 2007,
the Council recommended that all management measures developed as part
of Amendment 9 to correct deficiencies in the FMP related to bycatch of
finfish, especially butterfish, be considered in Amendment 10.
Accordingly, no action is proposed in Amendment 9 to address these
issues. Through the development and implementation of Amendment 10,
each of the measures to reduce the bycatch of finfish will be given
full consideration. Additionally, Amendment 10 will include updated
analyses on the effects of the alternatives and, as Amendment 10 is
expected to be implemented soon after Amendment 9, no meaningful delay
in addressing the bycatch deficiencies in the FMP should occur.
The final version of Amendment 9 contains alternatives that
consider allowing for multi-year specifications and management
measures, extending or eliminating the moratorium on entry to the
directed Illex fishery, revising the biological reference points for
Loligo, designating EFH for Loligo eggs, implementing area closures to
reduce gear impacts from MSB fisheries on EFH of other federally-
managed species, increasing the incidental possession limit for Illex
vessels during a closure of the Loligo fishery, and requiring real-time
electronic reporting via vessel monitoring systems in the Illex
fishery. The Council held four public meetings on Amendment 9 during
May 2007. Following the public comment period that ended on May 21,
2007, the Council
[[Page 15717]]
adopted Amendment 9 on August 6, 2007.
In Amendment 9, measures recommended by the Council would: Allow
for multi-year specifications for all four managed species (mackerel,
butterfish, Illex, and Loligo) for up to 3 years; extend the moratorium
on entry into the Illex fishery, without a sunset provision; adopt
biological reference points for Loligo recommended by the SARC;
designate EFH for Loligo eggs based on best available scientific
information; and prohibit bottom trawling by MSB-permitted vessels in
Lydonia and Oceanographer Canyons.
Public comments are being solicited on Amendment 9 and its
incorporated documents through the end of the comment period stated in
this notice of availability. A proposed rule that would implement
Amendment 9 may be published in the Federal Register for public
comment, following NMFS's evaluation of the proposed rule under the
procedures of the Magnuson-Stevens Act. Public comments on the proposed
rule must be received by the end of the comment period provided in this
notice of availability of Amendment 9 to be considered in the approval/
disapproval decision on the amendment. All comments received by May 27,
2008, whether specifically directed to Amendment 9 or the proposed
rule, will be considered in the approval/disapproval decision on
Amendment 9. Comments received after that date will not be considered
in the decision to approve or disapprove Amendment 9. To be considered,
comments must be received by close of business on the last day of the
comment period; that does not mean postmarked or otherwise transmitted
by that date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 19, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-6001 Filed 3-24-08; 8:45 am]
BILLING CODE 3510-22-S