[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Rules and Regulations]
[Pages 2919-2920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1374]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020409080-2174-05; I.D. 011003B]
RIN 0648-AP78


Fisheries of the Northeastern United States; Magnuson-Stevens 
Fishery Conservation and Management Act Provisions; Northeast 
Multispecies Fishery

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

ACTION: Notice of continuation of regulations.

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[[Page 2920]]

SUMMARY: The regulations contained in the interim rule published on 
August 1, 2002, in order to reduce overfishing, are continued for an 
additional 180 days, after which subsequent Secretarial action may be 
taken to ensure that sufficient measures to reduce overfishing stay in 
effect until implementation of Amendment 13 to the Northeast 
Multispecies Fishery Management Plan (FMP). Amendment 13 will implement 
rebuilding plans for several groundfish stocks and address capacity 
issues in the fishery. This action is necessary to comply with the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) regarding the continuation of interim final regulations.

DATES: The interim final rule published August 1, 2002, at 67 FR 50292, 
which became effective August 1, 2002, continues in effect until 
superseded by a future rule action to be published in the Federal 
Register.

ADDRESSES: Copies of the small entity compliance guide prepared for the 
August 1, 2002, interim final rule are available from Patricia A. 
Kurkul, Regional Administrator, Northeast Regional Office, National 
Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930-
2298. The letter is also accessible via the Internet at http://www.nero.noaa.gov. Copies of the August 1, 2002, interim final rule, 
including the Environmental Assessment/Regulatory Impact Review/Final 
Regulatory Flexibility Analysis (EA/RIR/FRFA), and public comments and 
responses are available upon request from the Regional Administrator. 
The EA/RIR/FRFA is also accessible via the Internet at http://www.nero.nmfs.gov.

FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, 
(978) 281-9347, fax (978) 281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2002, NMFS published an interim final rule (67 FR 
50292), which implemented the Settlement Agreement Among Certain 
Parties in Conservation Law Foundation, et al. v. Evans, et al,., 
intended to reduce overfishing of species managed under the Northeast 
Multispecies FMP while the New England Fishery Management Council 
developed Amendment 13, which is intended to bring the FMP into 
compliance with the Sustainable Fisheries Act. The August 1, 2002, 
interim final rule was consistent with a Remedial Order issued on May 
23, 2002, by the U.S. District Court for the District of Columbia 
(Court). The interim rule implemented restrictions consistent with the 
Settlement Agreement, approved by the Court. The management measures 
implemented by the August 1, 2002, interim rule are intended to remain 
in effect until implementation of Amendment 13 to the FMP, which, based 
on the May 23, 2002, Court Order, was required to be in effect no later 
than August 22, 2003.
    Due to the need for additional time to address concerns related to 
the Northeast Fisheries Science Center's trawl survey and the new 
biological reference points that have been developed for multispecies 
stocks, NMFS and two of the plaintiffs filed a motion with the Court 
requesting an extension of the August 22, 2003, implementation schedule 
until May 1, 2004. On December 4, 2002, the Court granted an extension 
of the Court-ordered timeline for Amendment 13 implementation until May 
1, 2004.
    Pursuant to section 305(c) of the Magnuson-Stevens Act, the August 
1, 2002, interim rule may remain in effect for 180 days and may be 
extended through publication in the Federal Register, for one 
additional period of 180 days, provided the public has had an 
opportunity to comment on the interim rule. The public was given such 
opportunity to comment in the form of a proposed rule before the final 
interim rule was published. NMFS has determined that it is necessary to 
continue this interim rule to reduce overfishing. Because the 
management measures implemented by the August 1, 2002, interim final 
rule were written in such a way as to be effective indefinitely, no 
formal regulatory action is necessary. Instead, to comply with section 
305(c) of the Magnuson-Stevens Act, it is necessary only to publish in 
the Federal Register a Notice of Continuation of Regulations to inform 
the public that NMFS has decided to continue these regulations. The 
impacts of implementing the Settlement Agreement measures for a period 
of 1 year were analyzed in the Environmental Assessment completed for 
the August 1, 2002, interim final rule.
    Because the schedule for implementation of Amendment 13 was 
extended until May 1, 2004, additional Secretarial action may be 
necessary to continue sufficient management measures to reduce 
overfishing beyond July 27, 2003, until the implementation of Amendment 
13 (May 1, 2004). Any such action would be accomplished through 
additional rulemaking. Should NMFS determine that such action is 
unnecessary, a rule may need to be published to restore certain 
regulations that existed prior to publication of the August 1, 2002, 
interim rule.
    The August 1, 2002 interim final rule was determined to be 
significant for purposes of Executive Order 12866.

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

    Dated: January 16, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-1374 Filed 1-16-03; 4:05 pm]
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