[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Proposed Rules]
[Pages 57843-57844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28791]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 961030300-6300-01; I.D. 101696D]
RIN 0648-AJ30


Magnuson Act Provisions; Essential Fish Habitat (EFH)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: NMFS is in the process of developing guidelines, by 
regulation, to implement the requirements of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), as 
mandated by the Sustainable Fisheries Act. These guidelines would 
assist Fishery Management Councils (Councils) in the description and 
identification of essential fish habitat (EFH), including adverse 
impacts on EFH, in fishery management plans (FMPs) and in the 
consideration of actions to conserve and enhance EFH. NMFS invites 
interested persons to submit written comments, information, and 
suggestions on all aspects of the EFH mandate. Comments from Councils, 
interstate fishery management commissions, state fishery management 
agencies, commercial and recreational fishing interests, environmental 
groups, and other interested parties are of particular interest.

DATES: Written comments must be received on or before December 9, 1996.

ADDRESSES: Comments should be sent to the Director, Office of Habitat 
Conservation, Attention: EFH, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: Lee R. Crockett, 410-267-5672.

SUPPLEMENTARY INFORMATION: NMFS invites comments and information that 
will assist with the implementation of the new Magnuson-Stevens Act (16 
U.S.C. 1801 et seq.) mandates to: (1) Develop guidelines to assist 
Councils in the description and identification of EFH (including 
adverse impacts, and conservation and enhancement actions) for 
fisheries managed by any Council; (2) develop and provide information 
and recommendations to the Councils to assist in the identification of 
EFH in FMPs, adverse impacts to EFH (including adverse impacts from 
fishing), and actions to ensure the conservation and enhancement of 
EFH; and (3) recommend conservation and management measures for actions 
undertaken by any state or Federal agency that would adversely affect 
any EFH. NMFS is soliciting information on the habitat requirements, 
including the EFH, of fish species managed under the Magnuson-Stevens 
Act and the distribution of those habitats. NMFS is also soliciting 
information on the threats to EFH (including threats from fishing 
activities), the distribution of those threats, ways to prevent or 
mitigate the adverse impacts of those threats, and ways to conserve and 
enhance EFH.

Background

    The Sustainable Fisheries Act, among other mandates, requires the 
Secretary of Commerce (Secretary), acting through NMFS, to carry out a 
number of activities to describe, identify, conserve, and enhance EFH. 
Below is a summary of the new EFH mandates of the Magnuson-Stevens Act.

Definition of EFH

    EFH is defined as ``those waters and substrate necessary to fish 
for spawning, breeding, feeding, or growth to maturity.''

Contents of FMPs

    Several provisions were added to section (16 U.S.C. 1853(a)(7)) 
requiring that FMPs describe and identify EFH for the fishery based on 
guidelines established by the Secretary under section (16 U.S.C. 
1855(b)(1)(A)). FMPs are also required to minimize the adverse effects 
on EFH caused by fishing, to the extent practicable. Finally, FMPs 
should identify other actions that encourage the conservation and 
enhancement of EFH.

Actions by the Secretary

     Develop guidelines, by regulation, to assist the Councils 
in the description and identification of EFH (including adverse 
impacts) in FMPs, and conservation and enhancement measures of such 
habitat, within 6 months of the date of enactment of the Magnuson-
Stevens Act.
     Provide each Council, after consulting with the fishing 
industry, with recommendations and information

[[Page 57844]]

regarding each fishery under that Council's authority to assist in the 
identification of EFH, adverse impacts to EFH, and actions to ensure 
conservation and enhancement of that habitat.
     Review programs administered by NMFS and ensure that any 
relevant programs further the conservation and enhancement of EFH.
     Provide information to other Federal agencies to further 
the conservation and enhancement of EFH.
     Recommend conservation measures for any action undertaken 
by any state or Federal agency that would adversely affect any EFH.

Actions by the Councils

     The Councils are required to submit FMP amendments to the 
Secretary to implement the EFH and other new FMP requirements not later 
than 24 months after the date of enactment of the Magnuson-Stevens Act.
     Councils may comment on and make recommendations to the 
Secretary and any Federal or state agency concerning any activity, or 
proposed activity, authorized, funded, or undertaken by any Federal or 
state agency that may affect the habitat, including EFH, of a fishery 
under its authority.
     The Councils must comment on and make recommendations to 
the Secretary and any Federal or state agency concerning an activity 
that is likely to substantially affect the habitat, including EFH, of 
an anadromous fishery resource.

Actions Required of Other Federal Agencies

     Federal agencies must consult with the Secretary with 
respect to any activity, or proposed activity, authorized, funded, or 
undertaken by the agency that may adversely impact EFH.
     Within 30 days of receipt of a recommendation, Federal 
agencies are required to provide the Secretary and any Council that 
comments on an activity, or proposed activity, with a written 
description of the measures proposed by the agency for avoiding, 
mitigating, or offsetting the impact of the activity on EFH. If this 
response is inconsistent with the recommendations of the Secretary, the 
agency must explain that inconsistency.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 4, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-28791 Filed 11-7-96; 8:45 am]
BILLING CODE 3510-22-F