[Federal Register Volume 68, Number 238 (Thursday, December 11, 2003)]
[Proposed Rules]
[Pages 69070-69071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30728]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 031031272-3272-01; I.D. 102903A]
RIN 0648-AR76


Fisheries of the United States; Essential Fish Habitat

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

ACTION: Advance notice of proposed rulemaking; consideration of 
revision to Essential Fish Habitat (EFH) guidelines.

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SUMMARY: NMFS is seeking public input on the EFH guidelines promulgated 
through regulation in the January 17, 2002, final rule. Such input is 
intended to fulfill NMFS' commitment to continually evaluate the 
efficacy of the EFH guidelines using an appropriate public process.

DATES: Written comments must be received no later than 5 p.m., e.s.t., 
on or before January 26, 2004.

ADDRESSES: Written comments must be sent to Mr. Rolland A. Schmitten, 
Director, Office of Habitat Conservation, NOAA National Marine 
Fisheries Service, F/HC, 1315 East-West Highway, Silver Spring, MD 
20910. Comments may also be sent via fax to (301) 427-2570. Comments 
will not be accepted if submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Karen Abrams at (301) 713-4300 xt. 
149.

SUPPLEMENTARY INFORMATION: In January 2002, NMFS promulgated a final 
rule (67 FR 2343) that established guidelines (50 CFR 600.805 to 
600.930) to assist the Regional Fishery Management Councils (Councils) 
and the Secretary of Commerce (Secretary) in the description and 
identification of EFH in fishery management plans (FMPs), the 
identification of adverse effects to EFH, and the identification of 
actions required to conserve and enhance EFH. The final rule also 
detailed procedures the Secretary (acting though NMFS), other Federal 
agencies, and the Councils will use to coordinate, consult, or provide 
recommendations on Federal and state actions that may adversely affect 
EFH. Such guidelines promulgated through regulation were mandated in 
the 1996 amendments incorporated into the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1855(b)(1)(A)). The intended 
effect of the guidelines is to promote the protection, conservation, 
and enhancement of EFH.
    After a 5-year public process, NMFS finalized the EFH guidelines in 
2002. Nevertheless, NMFS recognized that a great deal of interest 
remained from various stakeholders in how to integrate habitat 
considerations into fishery management. As a result of this interest, 
NMFS committed to evaluating the efficacy of the EFH guidelines as they 
are implemented, to apply the lessons learned from such implementation 
as appropriate, and to consider changing the regulations if warranted 
through an appropriate public process.
    NMFS recognizes that implementation of the MSA's EFH provisions is 
complex and requires considerable species and habitat information not 
always equally available across species or geography. In addition, NMFS 
recognizes that not all habitats exhibit the same characteristics, and 
that implementation of the EFH guidelines continues to attract public 
interest from its stakeholders.
    Given ongoing interest in EFH and NMFS' commitment to evaluate the 
efficacy of the EFH guidelines through an appropriate public process, 
NMFS solicits input from the public regarding, (1) whether the EFH 
guidelines (50 CFR 600.805 to 600.930) should be revised and (2) if 
revisions are desired, what parts of the guidelines should be revised, 
how should they be revised, and why. NMFS will use this information in 
determining whether to proceed with a revision to the EFH guidelines, 
and, if so, the issues to be addressed.
    This advance notice of proposed rulemaking has been determined to 
be significant for the purposes of Executive Order 12866.


[[Page 69071]]


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

    Dated: December 5, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-30728 Filed 12-10-03; 8:45 am]
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