[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Pages 46590-46591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18489]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AX05


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Amendment 11

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

ACTION: Supplemental Notice of Intent (NOI) to prepare an environmental 
impact statement (EIS); request for comments.

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SUMMARY: On December 19, 2005, the Mid-Atlantic Fishery Management 
Council (Council), in cooperation with NMFS, announced its intent to 
prepare a supplemental environmental impact statement (SEIS) for 
Amendment 11 to the Atlantic Mackerel, Squid, and Butterfish (MSB) 
Fishery Management Plan (FMP)(Amendment 11). Since then, the Council 
and NMFS have determined that the Amendment 11 document is an 
independent action and therefore will be handled as an EIS, rather than 
SEIS. The Council has chosen to consider management measures in this 
action in addition to limited access in the Atlantic mackerel 
(mackerel) fishery, including: The implementation of annual catch 
limits (ACLs) and accountability measures (AMs) for Atlantic mackerel 
and butterfish required under the Magnuson-Stevens Fishery Conservation 
and Management Reauthorization Act of 2006 (MSRA); an update of the 
description and identification of essential fish habitat (EFH) for all 
life stages of mackerel, Loligo squid (Loligo), Illex squid (Illex), 
and butterfish (including gear impacts on Loligo egg EFH); and possible 
limitations on at-sea processing of mackerel. For purposes of scoping, 
this supplemental NOI seeks comments on only the above listed new 
measures that may be included in Amendment 11. Additional scoping will 
take place via solicitation of public comment at Council meetings and 
related Council committee meetings as Amendment 11 is considered and 
developed.

DATES: Public comments on the supplemental NOI for Amendment 11 must be 
received on or before 5 p.m., local time, September 10, 2008.

ADDRESSES: Written comments on the supplementary notice of intent for 
Amendment 11 may be sent by any of the following methods:
     E-mail to the following address: [email protected];

[[Page 46591]]

     Mail to Sustainable Fisheries Division, Northeast Regional 
Office, NMFS, One Blackburn Drive, Gloucester, MA 01930. Mark the 
outside of the envelope ``Scoping Comments on Supplemental NOI for 
Amendment 11;'' or
     Fax to 978-281-9135. Mark the fax ``Scoping Comments on 
Supplemental NOI for Amendment 11.''
Copies of supporting documents used by the Council are available from: 
Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management 
Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 
19904-6790, telephone 302-674-2331.

FOR FURTHER INFORMATION CONTACT: Daniel Furlong, Executive Director, 
Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 
300 South New Street, Dover, DE 19904-6790, telephone 302-674-2331.

SUPPLEMENTARY INFORMATION:

Background

    On March 4, 2005 (70 FR 10605), the Council published an NOI to 
prepare a SEIS to consider the impacts of alternatives for limiting 
access to the mackerel fishery. The Council subsequently conducted 
scoping meetings on the development of a limited access program, which 
the Council originally planned to include in Amendment 9 to the MSB FMP 
(Amendment 9). However, due to unforeseen delays in the development of 
Amendment 9, the Council notified the public on December 19, 2005 (70 
FR 75114), that the mackerel limited access program would be considered 
in Amendment 11. The Council subsequently notified the public on 
February 27, 2007 (72 FR 8693), that it would begin the development of 
Amendment 11 and the associated SEIS simultaneously with the 
development of Amendment 10 to the MSB FMP.

Additional Issues Under Consideration

    During the course of the development of Amendment 11, the Council 
has identified three additional issues that may be considered in this 
amendment, in addition to mackerel limited entry. The first issue is 
implementation of ACLs and accountability measures AMs for mackerel and 
butterfish. The MSRA requires that fishery management plans contain a 
mechanism for specifying ACLs such that overfishing does not occur in 
the fishery, including measures to ensure accountability (AMs). 
Examples of AMs include in-season closures or pay-back provisions in 
cases of overages. The second issue is an update of the description and 
identification of EFH for all life stages of mackerel, Loligo, Illex, 
and butterfish (including gear impacts on Loligo squid egg EFH). NMFS 
guidance requires that EFH assessments should be updated every 5 years. 
The MSB EFH assessment has not been generally updated since it was 
completed in 1999, though gear impact analyses were completed for 
Amendment 9 to the MSB FMP (73 FR 37382, July 1, 2008). Additionally, 
EFH for Loligo eggs was designated in Amendment 9, therefore, a gear 
impact analysis for Loligo egg EFH will also be included in Amendment 
11. The third issue is possible limitations on at-sea processing of 
mackerel that may be considered to limit overcapitalization of the 
mackerel fishery; the Council may consider a cap on the amount of at-
sea processing or a limitation on at-sea processor vessel size.

Request for Comments

    The public will have the opportunity to comment on the measures and 
alternatives being considered by the Council for Amendment 11 through 
public meetings and public comment periods required by the National 
Environmental Policy Act, the MSRA, and the Administrative Procedure 
Act. To date, the location and/or timing of these meetings and comment 
periods has yet to be finalized, but appropriate notice of them will be 
published in the Federal Register.

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

    Dated: August 6, 2008.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-18489 Filed 8-8-08; 8:45 am]
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