[Federal Register Volume 68, Number 100 (Friday, May 23, 2003)]
[Proposed Rules]
[Pages 28188-28189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13013]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030409081-3081-01; I.D. 032103B]


Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Extension of Comment Period

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

ACTION: Proposed emergency rule; partial extension of comment period.

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SUMMARY: NMFS is extending the public comment period on the measures 
associated with the proposed NE Multispecies DAS Leasing Program of the 
NE multispecies proposed emergency rule that was published in the 
Federal Register on April 24, 2003, through June 10, 2003. The 
emergency rule proposes to continue management measures implemented on 
August 1, 2002, consistent with the Settlement Agreement Among Certain 
Parties (Settlement Agreement) and to implement a DAS Leasing Program 
to mitigate impacts of the Settlement Agreement measures and to provide 
flexibility to some segments of the fishing industry. The intent of 
this notification is to inform the public that the comment period on 
the proposed DAS Leasing Program will be extended until June 10, 2003. 
In addition, NMFS informs the public that the docket number for the 
proposed rule published April 24, 2003, was inadvertently omitted. This 
document reflects the docket number related to the April 24, 2003, 
proposed rule.

DATES: The comment period on the proposed regulatory text for the DAS 
Leasing Program contained in Sec. Sec.  648.2, 648.4(a)(1)(i)(G), 
648.14, 648.82, and Sec.  648.92 of the April 24, 2003 (68 FR 20096) 
proposed emergency rule is extended from May 27, 2003, through June 10, 
2003. The comment period on the continuation of the Settlement 
Agreement measures and amendments to Sec.  648.4(a)(1)(i)(I)(2) and 
(c)(2)(iii) and Sec.  648.81(h)(1) will end on May 27, 2003. All 
comments must be received no later than 5 p.m., local time, on the last 
day of the respective comment periods.

ADDRESSES: Written comments on the proposed emergency rule should be 
sent to Patricia A. Kurkul, Regional Administrator, National Marine 
Fisheries Service, One Blackburn Drive, Gloucester, MA 01930. Mark the 
outside of the envelope, ``Comments on the Proposed Emergency Rule for 
Groundfish.'' Comments also may be sent via facsimile (fax) to (978) 
281-9135. Comments will not be accepted if submitted via e-mail or 
Internet.

FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, 
phone 978-281-9347, fax: 978-281-9135; email: [email protected].

SUPPLEMENTARY INFORMATION: A proposed emergency rule was published in 
the Federal Register on April 24, 2003 (68 FR 20096) and subsequently 
corrected on May 9, 2003 (68 FR 24914), that would continue measures 
implemented on August 1, 2002, consistent with the Settlement 
Agreement, which was adopted by the U.S. District Court (Court) for the 
District of Columbia in a Remedial Order (Order) issued on May 23, 
2002, as a result of Conservation Law Foundation, et al. v. Evans, et 
al. In addition, the emergency rule would implement a DAS Leasing 
Program under the emergency authority of section 305(c) of the 
Magnuson-Stevens Fishery Conservation and Management Act in order to 
mitigate the impacts resulting from the continuation of the August 1, 
2002, interim final rule measures (67 FR 50292). The DAS Leasing 
Program would allow limited access NE multispecies vessels to lease 
their NE multispecies DAS during the current fishing year. Additional 
information on the background and proposed measures appear in the 
preamble of the April 24, 2003, proposed emergency rule and are not 
repeated here.

[[Page 28189]]

    Due to the newness and potential controversiality of the DAS 
Leasing Program and its implications, NMFS is extending the comment 
period through June 10, 2003, on the DAS leasing aspect of the proposed 
emergency rule only (the comment period on the Settlement Agreement 
measures remains unchanged and, thus, ends on May 27, 2003). Extension 
of the comment period on the DAS Leasing Program will allow additional 
time for the public to comment on this important component of the 
proposed emergency rule. In order to be compliant with the requirements 
of the Administrative Procedure Act and to allow for a full 30-day 
delay in effectiveness of the proposed rule measures, should they be 
approved, extension of the comment period will require that there be 
two decisions made by the Assistant Administrator for Fisheries on 
measures in the proposed rule: One for the continuation of the 
Settlement Agreement measures, and one for the DAS Leasing Program. 
This will require two implementing final rules, with different 
implementation dates, for each of these aspects of the proposed rule.
    A Draft Environmental Assessment (EA) was prepared and noticed for 
the April 24, 2003, proposed rulemaking. That EA addressed the impacts 
of both the emergency extension of the Settlement Agreement measures 
and the added DAS Leasing Program. For the first rulemaking, should it 
be approved, this EA and the associated Finding of No Significant 
Impact (FONSI) will be revised to reflect a preferred alternative that 
includes only the proposed extension of the Settlement Agreement 
measures, with a later determination that would be made on the DAS 
Leasing Program suboption. The second rulemaking, should it be 
approved, would be based on the EA and a second FONSI that would 
include the DAS Leasing Program suboption and address any comments 
received on the DAS Leasing Program within the extended comment period. 
Depending on the nature of the comments, the EA and FONSI could be 
further revised or amended.
    The Settlement Agreement measures currently in place through an 
interim rule extension (68 FR 2919, January 22, 2003) will expire on 
July 27, 2003. To avoid a gap in the continuation of the Settlement 
Agreement measures ordered by the Court, the proposed emergency rule 
must be effective no later than July 28, 2003.
    Also, NMFS inadvertently omitted the docket number in the proposed 
rule published on April 24, 2003 (68 FR 20096). However, the correction 
document to the proposed rule published on May 9, 2003 (68 FR 24914) 
and this extension notification reflect the docket number assigned to 
this action by the Department of Commerce.

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

    Dated: May 19, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-13013 Filed 5-20-03; 2:30 pm]
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