[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Proposed Rules]
[Page 72777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23735]
[[Page 72777]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[I.D. 112905C]
RIN 0648-AT98
Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Notice of Availability of Amendment
19 to the Pacific Coast Goundfish Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of an amendment to a fishery management
plan; request for comments.
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SUMMARY: Amendment 19 to the Pacific Coast Groundfish Fishery
Management Plan (FMP) has been developed by NMFS and the Pacific
Fishery Management Council (Council) to comply with the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
by amending the Pacific Coast Groundfish Fishery Management Plan (FMP)
to describe and identify essential fish habitat (EFH) for the fishery,
designate Habitat Areas of Particular Concern, minimize to the extent
practicable the adverse effects of fishing on EFH, and identify other
actions to encourage the conservation and enhancement of EFH.
DATES: Comments on Amendment 19 must be received on or before February
6, 2006.
ADDRESSES: You may submit comments on the amendment identified by I.D.
112905C by any of the following methods:
E-mail: [email protected]. Include I.D.
112905C in the subject line of the message.
Federal e-Rulemaking portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Send comments to D. Robert Lohn, Administrator,
Northwest Region, National Marine Fisheries Service, Sand Point Way
NE., BIN C15700, Seattle, WA 98115-0070.
Fax: (206) 526-6736.
Copies of Amendment 19 or supporting documents are available from
Maryann Nickerson, (206) 526-4490.
FOR FURTHER INFORMATION CONTACT: Stephen Copps (Northwest Region,
NMFS), phone: 206-526-6187.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires each
Regional Fishery Management Council to submit any amendment to an FMP
to NMFS for review and approval, disapproval, or partial approval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving an
amendment to an FMP, immediately publish notification in the Federal
Register that the amendment is available for public review and comment.
NMFS will consider the public comments received during the comment
period described above in determining whether to approve, disapprove,
or partially approve Amendment 19.
Section 303(a)(7) of the Magnuson-Stevens Act requires Fishery
Management Councils to include in FMPs the description and
identification of EFH for the fishery, and minimization to the extent
practicable the adverse effects of fishing on EFH. Amendment 19 is
supported by a final environmental impact statement (FEIS) that
evaluates a comprehensive strategy to conserve and enhance EFH,
including its identification and the implementation of measures to
minimize adverse impacts to EFH from fishing, to the extent
practicable.
Preparation of the EIS and Amendment 19 stem from a 2000 court
order in American Oceans Campaign et. al. v. Daley, Civil Action 99-982
(GK) (D.D.C. September 14, 2000), which required NMFS and the Council
to prepare an EIS to evaluate the effects of fishing on EFH and
identify measures to minimize those impacts to the extent practicable.
NMFS published a draft EIS for public comment on February 11, 2005. The
public comment period on the draft ended on May 11, 2005. The Council
identified a final preferred alternative at their June 13-17, 2005,
meeting in Foster City, CA. NMFS must approve any FMP amendment and
implementing regulations it deems necessary by May 6, 2006.
Specific Request for Additional Comments and Information
A coastwide prohibition on bottom trawling in all areas within the
exclusive economic zone (EEZ) that are deeper than 700 fm is also
included in the proposed amendment. NMFS is specifically seeking
comment on this aspect of the amendment as well as the gear
restrictions described above because they would apply in areas deeper
than 3500 m (11482.9 ft), and, therefore, would be outside EFH.
Management measures to minimize adverse impacts on EFH could apply in
the EEZ in areas not described as EFH, if there is a link between the
fishing activity and adverse effects on EFH. Additionally, management
measures could be based on the Council's discretionary authority under
sections (303(b)(2) and (b)(12) of the Magnuson-Stevens Act to protect
habitat outside EFH if there is a basis for these measures. NMFS will
consider public comments and information received on the proposed rule
which has been submitted for Secretarial review and approval and on the
proposed Amendment 19 to determine if the measures should be applied in
areas outside EFH (deeper than 3500 m (11482.9 ft). NMFS expects to
publish the proposed regulation to implement Amendment 19 in the near
future.
Public comments on Amendment 19 must be received by February 6,
2006, to be considered by NMFS in the decision to approve, disapprove,
or partially approve Amendment 19.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 1, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-23735 Filed 12-6-05; 8:45 am]
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