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Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish; Amendment 1 

PDF Version (2 pp, 48K, About PDF)

[Federal Register: May 4, 2009 (Volume 74, Number 84)]
[Proposed Rules]
[Page 20448-20449]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my09-21]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-AS25

Magnuson-Stevens Fishery Conservation and Management Act Provisions;
Fisheries of the Northeastern United States; Tilefish; Amendment 1

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 1 to the Tilefish Fishery
Management Plan (FMP) (Amendment 1), incorporating the Final
Environmental Impact Statement (FEIS) and the Initial Regulatory
Flexibility Analysis (IRFA), for review by the Secretary of Commerce.
NMFS is requesting comments from the public on Amendment 1. The
proposed measures in Amendment 1 would address issues and problems that
have been identified since the FMP was first implemented. These
measures are considered a means to achieve the management objectives of
the FMP, and include measures to implement an IFQ program.

DATES:  Comments must be received on or before July 6, 2009.

ADDRESSES:  An FEIS was prepared for Amendment 1 that describes the
proposed action and its alternatives and provides a thorough analysis
of the impacts of proposed measures and their alternatives. Copies of
Amendment 1, including the FEIS and the 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. You may submit comments, identified by 0648-AS25, by any one of
the following methods:
    • Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
    • Fax: (978) 281-9135, Attn: Timothy Cardiasmenos.
    • Mail: Regional Administrator, NMFS, Northeast Regional Office,
55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the

[[Page 20449]]

envelope, ``Comments on Tilefish Amendment 1.''
    Instructions: All comments received are a part of the public record
and will generally beposted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, 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 (enter N/A in the required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT:  Timothy Cardiasmenos, Fishery Policy
Analyst, phone 978-281-9204, fax 978-281-9135.

SUPPLEMENTARY INFORMATION:

Background

    In March 2004, the Council began the development of Amendment 1 to
the FMP to evaluate alternatives for a limited access privilege program
and other measures for limited access vessels. The Council held 17
public meetings on Amendment 1 between March 2004 and April 2008. After
considering a wide range of issues, alternatives, and public input, the
Council submitted a draft environmental impact statement (DEIS) for
Amendment 1 to NMFS. The notice of availability for the DEIS published
in the Federal Register on December 28, 2007 (72 FR 73798). Following
the public comment period on the DEIS that ended on February 11, 2008,
the Council adopted Amendment 1 on April 10, 2008. Amendment 1 was
developed and adopted by the Council in response to the requirements of
the Magnuson-Stevens Fishery Conservation and Management Act and other
applicable law. Amendment 1 management measures were developed by the
Council and would: (1) Implement an Individual Fishing Quota (IFQ)
program; (2) establish IFQ transferability of ownership; (3) establish
a cap on the acquisition of IFQ allocation (temporary and permanent);
(4) address fees and cost recovery; (5) establish flexibility to
revise/adjust the IFQ program; (6) establish IFQ reporting
requirements; (7) modify the Interactive Voice Response (IVR) reporting
requirements; (8) implement recreational permits and reporting
requirements; (9) improve monitoring of tilefish commercial landings;
(10) expand the list of management measures that can be adjusted via
the framework adjustment process; (11) modify the Essential Fish
Habitat (EFH) designation; (12) modify the habitat areas of particular
concern (HAPC) designation; and (13) implement measures to reduce gear
impacts on EFH within the Exclusive Economic Zone. The proposed IFQ
program measures are intended to reduce overcapacity in the commercial
fishery, and to eliminate, to the extent possible, problems associated
with a derby-style fishery. Amendment 1 also would create a tilefish
open access Charter/Party permit, which would require reporting by the
recreational component of the fishery. When the original FMP was
instituted in 2001, the recreational component of the fishery was
believed to be small. However, anecdotal evidence suggests that in
recent years the recreational component of the fishery may have grown.
The tilefish open access Charter/Party permit would provide NMFS with
the ability to collect landings information on this component of the
fishery in order to properly assess the health of the stock.
    Public comments are being solicited on Amendment 1, and its
incorporated documents, through the end of the comment period stated in
this notice of availability. A proposed rule that would implement
Amendment 1 will also be published in the Federal Register for public
comment. Public comments on the proposed rule must be received by the
end of the comment period provided in this notice of availability of
Amendment 1 to be considered in the approval/disapproval decision on
the amendment. All comments received by July 6, 2009, whether
specifically directed to Amendment 1, or to the proposed rule for
Amendment 1, will be considered in the approval/disapproval decision on
Amendment 1. Comments received after that date will not be considered
in the decision to approve or disapprove Amendment 1. To be considered,
comments must be received by the 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: April 29, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E9-10181 Filed 5-1-09; 8:45 am]

 
 

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