[Federal Register Volume 71, Number 215 (Tuesday, November 7, 2006)]
[Notices]
[Pages 65087-65088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18783]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 101606B]
RIN 0648-AV00


Atlantic Highly Migratory Species; Essential Fish Habitat

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

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

-----------------------------------------------------------------------

[[Page 65088]]

SUMMARY: NMFS has reviewed all new and existing Essential Fish Habitat 
(EFH) information in its Consolidated Atlantic Highly Migratory Species 
Fishery Management Plan (HMS FMP) and has determined that EFH for some 
Atlantic HMS may need to be updated. Through the publication of this 
notice, NMFS announces its intent to prepare an environmental impact 
statement (EIS) pursuant to the National Environmental Policy Act 
(NEPA) to: examine management alternatives to revise existing HMS EFH; 
consider additional Habitat Areas of Particular Concern (HAPCs); and to 
minimize, to the extent practicable, adverse fishing impacts on EFH 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and other relevant Federal laws. 
To complete the EIS and assess the potential effects on the human 
environment NMFS is requesting: new EFH information not considered 
previously in the Consolidated HMS FMP, comments on potential HAPCs, 
and information regarding potential fishing/non-fishing impacts that 
may adversely affect EFH. This information will be used to propose 
amendments to the Consolidated HMS FMP.

DATES: Comments on this action must be received no later than 5 p.m., 
local time, on December 22, 2006.

ADDRESSES: Written comments on this action should be mailed to Chris 
Rilling, Highly Migratory Species Management Division by any of the 
following methods:
     E-mail: [email protected]. Include in the subject line 
the following identifier: ``I.D. 101606B.''
     Written: 1315 East-West Highway, Silver Spring, MD 20910. 
Please mark the outside of the envelope ``Comments on EFH Amendment to 
HMS FMP.''
     FAX: 301-713-1917.

FOR FURTHER INFORMATION CONTACT: Chris Rilling, Sari Kiraly, or Mike 
Clark at (301) 713-2347, or Jackie Wilson at (404) 806-7622.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act (16 U.S.C. 1801 et 
seq.) as amended by the Sustainable Fisheries Act (Public Law 104-297) 
provided for the establishment of EFH in FMPs and the consideration of 
actions to ensure the conservation and enhancement of such habitat. The 
EFH regulatory guidelines (50 CFR 600.815) state that NMFS should 
periodically review the EFH provisions of FMPs and revise or amend EFH 
as warranted based on available information. The EFH guidelines further 
state that NMFS should review all EFH information at least once every 
five years.
    EFH, including HAPCs, for HMS was identified and described in the 
1999 FMP for Atlantic Tunas, Swordfish, and Sharks, and in the 1999 
Amendment 1 to the Atlantic Billfish FMP. EFH for five shark species 
was updated in the 2003 Amendment 1 to the FMP. As part of the five-
year review required by the Magunson-Stevens Act, and set forth by 
schedule in the EFH regulatory guidelines, NMFS reviewed all new and 
existing EFH data in the Consolidated HMS FMP and determined that 
revisions to existing EFH for some Atlantic HMS may be warranted. The 
EIS will be used to propose alternatives to amend some of the existing 
EFH identifications and descriptions.
    In addition to considering possible revisions to EFH identification 
and descriptions, the EFH guidelines require FMPs to identify fishing 
and non-fishing activities that may adversely affect EFH. Each FMP must 
include an evaluation of the potential adverse impacts of fishing on 
EFH designated under the FMP, effects of each fishing activity 
regulated under the FMP, as well as the effects of other Federal FMPs 
and non-federally managed fishing activities (i.e., state fisheries) on 
EFH. The FMPs must describe each fishing activity and review and 
discuss all available relevant information such as the intensity, 
extent, and frequency of any adverse effects on EFH; the type of 
habitat within EFH that may be adversely affected; and the habitat 
functions that may be disturbed (50 CFR 600.815(a)(2)). If adverse 
effects of fishing activities are identified, then the Magnuson-Stevens 
Act requires the effects of such fishing activities on EFH to be 
minimized to the extent practicable (Magnuson-Stevens Act, Section 
303(a)(7)).
    NMFS completed the original analysis of fishing and non-fishing 
impacts in the 1999 FMP, and presented all new information gathered 
during the five-year review, including a comprehensive review of all 
fishing gears and non-fishing activities that could potentially impact 
EFH, in the Consolidated HMS FMP. Some new information regarding gear 
impacts was incorporated into the review. For example, information 
presented in the Gulf of Mexico and Caribbean Fishery Management 
Council EFH FEIS's (2004) suggests that bottom longline gear may have 
an adverse affect on coral reef habitat which serves as EFH for certain 
reef fishes. As a result, NMFS has made a preliminary determination 
that bottom longline gear may have an adverse affect on EFH for other 
federally-managed species. An assessment of whether HMS bottom longline 
gear is fished in EFH, and if so, the intensity, extent, and frequency 
of such impacts, including any measures to minimize potential impacts, 
will be addressed in the EIS.
    Copies of the Consolidated HMS FMP are available for review (see 
ADDRESSES).

Request for Comments

    NMFS anticipates completing this EIS and any related documents by 
January 1, 2008.

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

    Dated: October 31, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-18783 Filed 11-6-06; 8:45 am]
BILLING CODE 3510-22-S