[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Notices]
[Pages 8123-8124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3857]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 012100B]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Essential Fish Habitat General Concurrence

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

ACTION: Notice of availability; request for comments.

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SUMMARY: NMFS requests public comments on a proposed essential fish 
habitat (EFH) General Concurrence with the U.S. Army Corps of 
Engineers, New England District (COE). The proposed General Concurrence 
was prepared by NMFS to provide for expedited review of certain COE 
regulatory actions that may no more than minimally adversely affect 
EFH, and for which no further consultation is generally required.

DATES: Comments must be received at the appropriate address or fax 
number (See ADDRESSES) no later than 5:00 p.m. eastern standard time on 
March 3, 2000.

ADDRESSES: Comments should be submitted to Lou Chiarella, NMFS 
Northeast Region EFH Coordinator, One Blackburn Drive, Gloucester, MA 
01930, telephone 978-281-9277, e-mail [email protected]. Comments 
may be submitted via facsimile (fax) to 978-281-9301. Comments will not 
be accepted if submitted via e-mail or internet. Copies of the proposed 
General Concurrence may be obtained from the same address. The proposed 
General Concurrence is also accessible via the internet at http://www.nero.nmfs.gov/ro/doc/hcd/htm.

FOR FURTHER INFORMATION CONTACT: Lou Chiarella, NMFS Northeast Region 
EFH Coordinator, 978-281-9277, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1855(b)(2)) 
requires Federal agencies to consult with the Secretary of Commerce 
regarding any action or proposed action authorized, funded, or 
undertaken by the agency that may adversely affect EFH. EFH has been 
identified by regional fishery management councils pursuant to section 
303(a)(7) of the Magnuson-Stevens Act (16 U.S.C. 1853(a)(7)). EFH is 
defined as ``those waters and substrate necessary to fish for spawning, 
breeding, feeding or growth to maturity.'' Consultations are governed 
by the EFH regulations at 50 CFR 600.920. The regulations identify five 
options for carrying out EFH consultations: use of existing 
environmental review procedures, General Concurrence, programmatic 
consultation, abbreviated consultation, and expanded consultation.
    General Concurrences are developed by NMFS in coordination with a 
Federal agency to identify specific types of Federal actions that may 
adversely affect EFH, but for which no further consultation is 
generally required because NMFS has determined that the actions will 
likely result in no more than minimal adverse effects to EFH 
individually and cumulatively.
    For actions to qualify for a General Concurrence, the EFH 
regulations at 50 CFR 600.920(f)(2) require that the actions meet all 
of the following criteria: (1) the actions must be similar in nature 
and similar in their impact on EFH; (2) the actions must not cause 
greater than minimal adverse effects on EFH when implemented 
individually; and (3) the actions must not cause greater than minimal 
cumulative adverse effects on EFH. NMFS prepared the proposed General 
Concurrence with the COE for activities governed by state programmatic 
general permits (PGPs) in New England.
    State PGPs are COE permits developed pursuant to Section 404 of the 
Clean Water Act (33 U.S.C. 1344), Section 10 of the Rivers and Harbors 
Act (33 U.S.C. 403) and/or Section 103 of the Marine Protection, 
Research and Sanctuaries Act (33 U.S.C. 1413) for activities that 
result in minimal environmental impacts. PGPs are issued by the COE for 
a term of 5 years. PGPs for the New England states include two 
categories of activities. Category I activities are those with minimal 
impacts that do not require further authorization by the COE. Since no 
COE authorization is needed after issuance of the PGP, no Federal 
action occurs that would trigger the requirement for an EFH 
consultation for individual Category I activities. Examples of Category 
I activities covered by these PGPs include certain temporary buoys, 
Coast Guard approved aids to navigation, and single boat moorings not 
associated with any boating facility. Category II activities require 
COE review

[[Page 8124]]

and written authorization, and therefore require EFH consultation if 
they may adversely affect EFH. The proposed General Concurrence would 
fulfill the EFH consultation requirement for these activities. Examples 
of Category II activities include minor maintenance dredging and 
installation of certain recreational docks and piers. The COE solicits 
comments on the appropriate categorization of activities covered by 
PGPs prior to reissuing each PGP, and at that time would be required to 
conduct a separate EFH consultation with NMFS on the anticipated 
effects of issuing each PGP.
    The actions that would be covered by the proposed General 
Concurrence include all activities listed as Category II within PGPs 
issued by the COE for Maine, New Hampshire, Vermont, Massachusetts, 
Rhode Island, and Connecticut. Pursuant to 50 CFR 600.920(f)(4), NMFS 
would request notification in advance of COE authorization of Category 
II activities so that NMFS can make a case-by-case determination on the 
applicability of this General Concurrence. Those actions that NMFS 
determines would result in more than minimal adverse effects to EFH 
would require individual EFH consultation and would not be covered by 
this General Concurrence. Although NMFS would continue to review all 
Category II actions, as it does presently, the General Concurrence 
would result in workload savings for NMFS and the COE for actions with 
no more than minimal adverse effects to EFH individually and 
cumulatively. For such actions, the General Concurrence would obviate 
the need for NMFS to provide EFH Conservation Recommendations and for 
the COE to provide written responses to those recommendations.
    NMFS has coordinated with the New England, Mid-Atlantic, and South 
Atlantic Fishery Management Councils regarding the development of the 
proposed General Concurrence. NMFS discussed the proposed General 
Concurrence with the New England and Mid-Atlantic Councils during 
public meetings, which afforded an opportunity for public review as 
required by 50 CFR 600.920(f)(5). However, since the published agendas 
for these meetings did not include a clear description of the scope and 
purpose of the proposed General Concurrence, NMFS is publishing this 
notice to allow an additional opportunity for public review.

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

    Dated: February 11, 2000.
Andrew J. Kemmerer,
Director, Office of Habitat Conservation, National Marine Fisheries 
Service.
[FR Doc. 00-3857 Filed 2-16-00; 8:45 am]
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