[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Proposed Rules]
[Pages 41047-41048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14455]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-AV70


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Region Standardized Bycatch Reporting Methodology Omnibus Amendment

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

ACTION:  Notice of availability of proposed fishery management plan 
amendment; request for comments.

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SUMMARY:  NMFS announces that the Mid-Atlantic and New England Fishery 
Management Councils (Councils) have submitted an Omnibus Amendment to 
the Fishery Management Plans (FMPs) of the Northeast Region to 
establish a Standardized Bycatch Reporting Methodology (SBRM), 
incorporating a draft Environmental Assessment (EA) and preliminary 
Regulatory Impact Review (RIR), for review by the Secretary of 
Commerce, and is requesting comments from the public.
    The SBRM Amendment would establish an SBRM for all 13 Northeast 
Region FMPs, as required under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). The proposed 
measures include: Bycatch reporting and monitoring mechanisms; 
analytical techniques and allocation of at-sea fisheries observers; an 
SBRM performance standard; a review and reporting process; framework 
adjustment and annual specifications provisions; a prioritization 
process; and provisions for industry-funded observers and observer set-
aside programs.

DATES:  Comments must be received on or before September 24, 2007.

ADDRESSES:  You may submit comments by any of the following methods:
     E-mail: [email protected]. Include in the subject 
line the following identifier: ``Comments on the SBRM Omnibus 
Amendment.''
     Federal e-rulemaking portal: http://www.regulations.gov.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope: ``Comments on the SBRM Omnibus 
Amendment.''
     Fax: (978) 281-9135
    Copies of the SBRM Amendment, and of the draft Environmental 
Assessment and preliminary Regulatory Impact Review (EA/RIR), are 
available from Daniel T. Furlong, Executive Director, Mid-Atlantic 
Fishery Management Council, Room 2115, Federal Building, 300 South New 
Street, Dover, DE 19901-6790; and from Paul J. Howard, Executive 
Director, New England Fishery Management Council, 50 Water Street, 
Newburyport, MA 01950. The EA/RIR is also accessible via the Internet 
at http://www.nero.noaa.gov.

FOR FURTHER INFORMATION CONTACT:  Michael Pentony, Senior Fishery 
Policy Analyst, 978-281-9283.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each 
Regional Fishery Management Council submit any FMP amendment it 
prepares to NMFS for review and approval, disapproval, or partial 
approval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an FMP amendment, immediately publish notification in the 
Federal Register that the amendment is available for public review and 
comment. If approved by NMFS, this amendment would establish a 
comprehensive SBRM that applies to all Northeast Region FMPs developed 
by either the Mid-Atlantic or New England Councils. The amendment would 
also effect an administrative change to the regulations on framework 
adjustments.

Background

    Section 303(a)(11) of the Magnuson-Stevens Act requires that all 
FMPs ``establish a standardized reporting methodology to assess the 
amount and type of bycatch occurring in the fishery.'' In 2004, several 
conservation organizations challenged the approval of two major 
amendments to Northeast Region FMPs. In ruling on these suits, the U.S. 
District Court for the District of Columbia found that the FMPs did not 
clearly establish an SBRM as required under this section and remanded 
the amendments back to the agency to fully develop and establish the 
required SBRM. In particular, the Court found that the amendments (1) 
failed to fully evaluate reporting methodologies to assess bycatch, (2) 
did not mandate an SBRM, and (3) failed to respond to potentially 
important scientific evidence.
    In response, the Councils, working closely with NMFS, undertook 
development of a remedy that would address all Northeast Region FMPs. 
In January 2006, development began on the Northeast Region Omnibus SBRM 
Amendment. This amendment covers 13 FMPs, 39 managed species, and 14 
types of fishing gear. The purpose of the amendment is to: Explain the 
methods and processes by which bycatch is currently monitored and 
assessed for Northeast Region fisheries; determine whether these 
methods and processes need to be modified and/or supplemented; 
establish standards of precision for bycatch estimation for all 
Northeast Region fisheries; and, thereby, document the SBRM established 
for all fisheries managed through the FMPs of the Northeast Region. The 
amendment also responds to the ``potentially important scientific 
evidence'' cited by the Court in the two decisions referenced above.
    The Northeast Region SBRM Amendment would establish an SBRM 
comprised of seven elements: (1) The methods by which data and 
information on discards are collected and obtained; (2) the methods by 
which the data obtained through the mechanisms identified in element 1 
are analyzed and utilized to determine the appropriate allocation of 
at-sea observers; (3) a performance measure by which the effectiveness 
of the Northeast Region SBRM can be measured, tracked, and utilized to 
effectively allocate the appropriate number of observer sea days; (4) a 
process to provide the Councils with periodic reports on discards 
occurring in Northeast Region fisheries and on the effectiveness of the 
SBRM; (5) a measure to enable the Councils to make changes to the SBRM 
through framework adjustments and/or annual specification packages 
rather than full FMP amendments; (6) a process to provide the Councils, 
and the

[[Page 41048]]

public, with an opportunity to consider, and provide input into, the 
decisions regarding prioritization of at-sea observer coverage 
allocations; and (7) to implement consistent, cross-cutting observer 
service provider approval and certification procedures and to enable 
the Councils to implement either a requirement for industry-funded 
observers or an observer set-aside program through a framework 
adjustment rather than an FMP amendment.
    Public comments are being solicited on the SBRM Amendment and its 
incorporated documents through the end of the comment period stated in 
this notice of availability. A proposed rule that would implement the 
SBRM Amendment will be published in the Federal Register for public 
comment, following NMFS's evaluation of the proposed rule under the 
procedures of the Magnuson-Stevens Act. Public comments on the proposed 
rule must be received by the end of the comment period provided in this 
notice of availability of the SBRM Amendment to be considered in the 
approval/disapproval decision on the amendment. All comments received 
by September 24, 2007, whether specifically directed to the SBRM 
Amendment or the proposed rule will be considered in the approval/
disapproval decision on the amendment. Comments received after that 
date will not be considered in the decision to approve or disapprove 
the SBRM Amendment. To be considered, comments must be received by 
close of business on the last day of the comment period; that does not 
mean postmarked or otherwise transmitted by that date.

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

    Dated: July 20, 2007.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-14455 Filed 7-25-07; 8:45 am]
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