[Federal Register Volume 69, Number 37 (Wednesday, February 25, 2004)]
[Proposed Rules]
[Pages 8615-8616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4149]


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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; reopening of the 
comment period.

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SUMMARY: In a document published in the Federal Register on December 
11, 2003, NMFS requested comments on potential revisions to the EFH 
guidelines. The comment period for the advance notice of proposed 
rulemaking (ANPR) closed on January 26, 2004. The intent of this 
document is to announce the reopening of the public comment period.

DATES: Written comments must be received no later than 5 p.m. eastern 
standard time on or before April 26, 2004.

ADDRESSES: Written comments must be sent to Rolland A. Schmitten, 
Director, Office of Habitat Conservation, NOAA National Marine 
Fisheries Service, F/HC - EFH ANPR, 1315 East-West Highway, Silver 
Spring, MD 20910. Comments may also be sent via fax to (301) 427-2570 
or by e-mail to [email protected]. Include in the subject line of the 
e-mail comment the following document identifier: 0648-AR76. The EFH 
guidelines can be located online at http://www.nmfs.noaa.gov/habitat/habitatprotection/essentialfishhabitat8.htm or within the Code of 
Federal Regulations at 50 CFR 600.805 to 600.930.

FOR FURTHER INFORMATION CONTACT: Karen Abrams at (301) 713-4300 (ext. 
149) or David MacDuffee at (301) 713-4300 (ext. 155).

SUPPLEMENTARY INFORMATION: As announced in the Federal Register on 
December 11, 2003 (68 FR 69070), NMFS requested comments on potential 
revisions to the EFH guidelines. The comment period closed on January 
26, 2004. While NMFS received several comments expressing opinions 
about whether the EFH guidelines should be revised, NMFS was also asked 
to lengthen the comment period beyond the original 45 days. As one of 
the functions of the EFH guidelines is to assist the Fishery Management 
Councils (Councils) in identifying and conserving EFH, and only one 
Council had the ability to provide substantive comments, NMFS has 
decided to reopen the comment period to allow the public and the 
Councils an additional opportunity to comment on the EFH guidelines. 
The agency believes these additional comments will aid in the 
evaluation of the EFH guidelines. Comments received between January 26, 
2004 and the date of this notice will be given full consideration by 
NMFS.

Background

    In January 2002, NMFS promulgated a final rule (67 FR 2343) that 
established guidelines (50 CFR 600.805 to 600.930) to assist the 
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

[[Page 8616]]

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 Act'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 ANPR has been determined to be significant for the purposes of 
Executive Order 12866.

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

    Dated: February 19, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-4149 Filed 2-24-04; 8:45 am]
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