[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Notices]
[Pages 21089-21090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8766]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122203A]
RIN 0648-AN17


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Amendment 13

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

ACTION: Notice of partial approval of a fishery management plan 
amendment.

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SUMMARY: NMFS announces that Amendment 13 to the NE Multispecies 
Fishery Management Plan (Amendment 13) has been partially approved by 
NMFS, acting on behalf of the Secretary of Commerce. Amendment 13 was 
developed by the New England Fishery Management Council (Council) to 
end overfishing and rebuild NE multispecies (groundfish) stocks managed 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act, and to make other changes in the management of the 
groundfish fishery. The intent of this announcement is to inform the 
public of the partial approval of Amendment 13 and of the availability 
of the Record of Decision (ROD) for Amendment 13 in compliance with the 
National Environmental Policy Act (NEPA).

DATES: Amendment 13 was partially approved on March 18, 2004.

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

SUPPLEMENTARY INFORMATION: NMFS intends to comply with a Court-ordered 
implementation of Amendment 13 through publication of a final rule in 
the Federal Register by May 1, 2004.
    A proposed rule to implement Amendment 13 published in the Federal 
Register on January 29, 2004 (69 FR 4362), with public comment ending 
on February 27, 2004. A total of 4,941 comments were received on 
Amendment 13. A summary of the comments received and NMFS's responses 
will be published in the final rule.
    On March 18, 2004, NMFS approved all measures in Amendment 13 with 
the exception of the following proposed measures, which have been 
disapproved: 1) The Closed Area (CA) II Haddock Special Access Program 
(SAP) and the CA I Hook Gear Haddock SAP; 2) the prohibition on 
surfclam and ocean quahog dredge gear in NE multispecies closed areas 
(the result of this disapproval is that such gear will be allowed in 
the groundfish closure portion of the Nantucket Lightship Closed Area, 
the Western Gulf of Maine (WGOM) Closure Area, and the Cashes Ledge 
Closure Area); 3) the exemption for shrimp trawl gear in the WGOM 
Closure Area; 4) the abbreviated process to implement SAPs; 5) the 
Georges Bank Cod Trip Limit Program; and 6) the removal of the Flexible 
Area Action System. A full explanation of the reasons for disapproval 
will be included

[[Page 21090]]

in the final rule implementing Amendment 13.
    NMFS is under a Court-ordered deadline to implement Amendment 13 by 
May 1, 2004. The Consolidated Appropriations Act of 2004 (Division H, 
Section 105), however, prohibited NMFS from expending funds to 
implement the Amendment during this fiscal year. However, on April 13, 
2004, President Bush signed into law H.R. 2584, which contains a 
provision repealing Section 105 of division H of the Consolidated 
Appropriations Act of 2004, thus enabling NMFS to implement Amendment 
13 and publish the final rule. NMFS will publish the final rule in the 
Federal Register in the near future.
    In addition, the public is informed that the ROD for Amendment 13 
in compliance with NEPA is available on the NMFS, Northeast Fisheries 
Science Center's website: http://www.nefsc.noaa.gov/groundfish/#mg

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

    Dated: April 14, 2004.
John Oliver,
Acting Assistant Administrator for Fisheries, NOAA National Marine 
Fisheries Service.
[FR Doc. 04-8766 Filed 4-15-04; 3:35 pm]
BILLING CODE 3510-22-S