[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Proposed Rules]
[Page 48920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19868]
[[Page 48920]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-AW75
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Herring Fishery; Amendment 4
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA) of a fishery management plan
amendment; request for comments.
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SUMMARY: NMFS announces that the New England Fishery Management
Council (Council) has submitted Amendment 4 to the Atlantic Herring
(Herring) Fishery Management Plan (FMP) (Amendment 4), 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.
DATES: Comments must be received on or before October 12, 2010.
ADDRESSES: An environmental assessment (EA) was prepared for Amendment
4 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 4, including the EA, the
Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility
Analysis (IRFA), are available from: Paul J. Howard, Executive
Director, New England Fishery Management Council, 50 Water Street, Mill
2, Newburyport, MA 01950, telephone (978) 465-0492. The EA/RIR/IRFA is
also accessible via the Internet at http://www.nero.nmfs.gov.
You may submit comments, identified by 0648-AW75, by any one of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal http://www.regulations.gov;
Fax: (978) 281-9135, Attn: Carrie Nordeen;
Mail to NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope
``Comments on Herring Amendment 4.''
Instructions: No comments will be posted for public viewing until
after the comment period has closed. 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) 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). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
formats only.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, (978) 281-9272.
SUPPLEMENTARY INFORMATION:
Background
The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) was re-authorized in January 2007. As a result
of the re-authorization, the Magnuson-Stevens Act requires the
establishment of annual catch limits (ACLs) and (AMs) to end and/or
prevent overfishing in all FMPs. This amendment is needed to bring the
Herring FMP into compliance with new Magnuson-Stevens Act requirements
by: Revising definitions and the specifications-setting process,
consistent with ACL requirements; and establishing fishery closure
thresholds, a haddock incidental catch cap, and overage paybacks as
AMs. Because herring is not subject to overfishing, the Herring FMP is
required to be in compliance with ACL and AM requirements by 2011.
A notice of intent (NOI) was published in the Federal Register (73
FR 26082, May 8, 2008) announcing the Council's intent to develop
Amendment 4 to the Herring FMP and prepare an environmental impact
statement (EIS) analyzing the impacts of the proposed management
measures. In addition to bringing the Herring FMP into compliance with
ACL and AM requirements, initially, Amendment 4 also considered: Catch
monitoring and reporting, interactions with river herring, access by
midwater trawl vessels to groundfish closed areas, and interactions
with the Atlantic mackerel fishery.
In June 2009, the Council determined there was not sufficient time
to develop and implement Amendment 4, in its entirety, by 2011, so it
decided to split Amendment 4 into two separate actions. The Council
determined that Amendment 4 would continue to address ACL and AM
requirements, but that all other issues (e.g., catch monitoring and
reporting, interactions with river herring and Atlantic mackerel,
access to groundfish closed areas) would be considered in Amendment 5
to the Herring FMP. A supplemental NOI, announcing this change and
notifying the public that an environmental assessment, rather than an
EIS, was being prepared to analyze the impacts of Amendment 4, was
published in the Federal Register on December 28, 2009 (74 FR 68577).
The Council held three public meetings on Amendment 4 during
January 2010. Following the public comment period that ended on January
12, 2010, the Council adopted Amendment 4 on January 26, 2010.
This action proposes management measures that were recommended by
the Council as part of Amendment 4. If implemented, these management
measures would:
Revise current definitions and the specification-setting
process to include ACLs and AMs;
Designate herring as a ``stock in the fishery;''
Establish an interim acceptable biological catch (ABC)
control rule;
Eliminate total foreign processing (JVPt), including joint
venture processing (JVP) and internal waters processing (IWP), and
reserve from the specifications process; and
Eliminate the annual consideration of total allowable
level of foreign fishing (TALFF).
Public comments are solicited on Amendment 4 and its incorporated
documents through the end of the comment period stated in this NOA. A
proposed rule that would implement Amendment 4 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 must be received by the end of the comment period provided in
this NOA of Amendment 4 to be considered in the approval/disapproval
decision on the amendment. Comments received after that date will not
be considered in the decision to approve or disapprove Amendment 4. To
be considered, comments must be received by close of business on the
last day of the comment period provided in this NOA.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 6, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-19868 Filed 8-11-10; 8:45 am]
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