[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Proposed Rules]
[Page 42671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18343]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 070703A]


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fishery

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

ACTION: Notice of intent (NOI) to prepare an environmental impact 
statement (EIS); request for comments.

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SUMMARY: The Mid-Atlantic Fishery Management Council (Council) 
announces its intention to prepare, in cooperation with NMFS, an EIS in 
accordance with the National Environmental Policy Act to assess 
potential effects on the human environment of alternative measures for 
managing the Atlantic mackerel, squid, and butterfish fisheries 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act. The Council intends to develop Framework 4 to the Atlantic 
Mackerel, Squid and Butterfish Fishery Management Plan (FMP) to address 
the issue of expiration of the moratorium on entry to the commercial 
Illex squid fishery. This notification announces a public process for 
determining the impact on the human environment of measures proposed in 
Framework 4 relating to possible extension or expiration of the Illex 
moratorium. The intended effect of this notification is to alert the 
interested public of the development of the Draft EIS (DEIS) for this 
framework action and to provide for public participation.

DATES: Written comments on the intent to prepare an EIS must be 
received no later than 5 p.m., local time, on August 18, 2003.

ADDRESSES: Written comments on the intent to prepare the EIS and 
requests for other information related to the development of Framework 
4 should be directed to Mr. Daniel T. Furlong, Mid-Atlantic Fishery 
Management Council, Room 2115 Federal Building, 300 S. New St., Dover, 
DE 19904. Comments may also be sent via facsimile (FAX) to (302) 674-
5399. Comments will not be accepted if submitted by e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, Executive Director, 
302-674-2331.

SUPPLEMENTARY INFORMATION: Prior to the 1980s, the fishery for Illex 
illecebrosus, (short finned squid) in the U.S. Exclusive Economic Zone 
(EEZ) was prosecuted primarily by foreign distant water fleets. With 
the implementation of the Atlantic Mackerel, Squid, and Butterfish FMP 
in 1982 and its subsequent amendments, the fishery became increasingly 
utilized by the domestic fishery. While the domestic fishery was 
undergoing development, new biological data became available which 
indicated that Illex is an annual species that resulted in smaller (or 
lower) revised estimates of the sustainable yield for the species.
    In the 1990s, the simultaneous growth of the domestic squid 
fisheries and reduction in the estimate of sustainable yield resulted 
in the Illex fishery moving toward full capitalization and 
exploitation. As a result, a limited entry program became necessary and 
was implemented by a final rule for Amendment 5 to the FMP (62 FR 
28638, May 27, 1997). However, due to concerns that capacity might be 
insufficient to fully exploit the annual quota for this fishery, a 5-
year sunset provision was placed on the Illex moratorium when it was 
implemented in Amendment 5. Due to this sunset provision, the 
moratorium on entry to the Illex fishery was set to expire in July 
2002, but was extended for one year by a final rule that implemented 
Framework 2 to the FMP (67 FR 44392, July 2, 2002). An additional one-
year extension of the moratorium was implemented by a final rule that 
implemented Framework 3 (68 FR 31988, May 29, 2003). The Council is 
currently developing a DEIS through the development of Amendment 9 to 
the FMP. In addition to the limited access issue in the Illex fishery, 
the Council is also addressing a number of complex issues in Amendment 
9 including those related to gear impacts on essential fish habitat, 
bycatch reduction, permitting of the Northwest Atlantic Fisheries 
Organization vessels to transit the U.S. EEZ, and the definition of 
overfishing for Loligo squid. The original NOI to develop a DEIS for 
Amendment 9 was published on November 29, 2001, (66 FR 56574) and the 
Council held the initial scoping meeting on December 12, 2001, in 
Atlantic City, NJ. The Council continued the development of Amendment 9 
in 2002-2003 and submitted the DEIS for NMFS approval for public 
hearings in April 2003. NMFS identified a number of deficiencies in the 
DEIS for Amendment 9 at the March 19, 2003, Council meeting held in New 
York City, NY. As a result of those deficiencies, the Council was 
unable to adopt the DEIS for Amendment 9. At its June 25, 2003, meeting 
in Philadelphia, PA, the Council concluded that delays in development 
of the DEIS for Amendment 9 could result in a hiatus in the Illex 
limited access program if the moratorium for the Illex fishery expired 
before the final rule for Amendment 9 is implemented. Therefore, the 
Council decided to develop Framework 4, the sole purpose of which is to 
extend the moratorium on entry to the Illex fishery while the Council 
addresses this issue in Amendment 9 to the FMP. The Council concluded 
that new public scoping meetings are not necessary for this DEIS 
because this issue was considered during the original December 12, 
2001, scoping meeting based on the original NOI. Applicable comments 
from that meeting will be considered along with the written comments 
received on this notification in the preparation of the DEIS for 
Framework 4.
    The Council is considering the following alternatives for this 
framework action: (1) Extend the moratorium on entry to the Illex 
fishery for an additional 5 years (preferred alternative), (2) extend 
the moratorium on entry to the Illex fishery for an additional 2 years, 
(3) no action, and (4) extend the moratorium on entry to the Illex 
fishery without a sunset provision.

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

    Dated: July 14, 2003.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-18343 Filed 7-17-03; 8:45 am]
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