[Federal Register Volume 74, Number 84 (Monday, May 4, 2009)]
[Proposed Rules]
[Pages 20448-20449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10181]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-AS25


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Tilefish; 
Amendment 1

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

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

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SUMMARY:  NMFS announces that the Mid-Atlantic Fishery Management 
Council (Council) has submitted Amendment 1 to the Tilefish Fishery 
Management Plan (FMP) (Amendment 1), incorporating the Final 
Environmental Impact Statement (FEIS) and the Initial Regulatory 
Flexibility Analysis (IRFA), for review by the Secretary of Commerce. 
NMFS is requesting comments from the public on Amendment 1. The 
proposed measures in Amendment 1 would address issues and problems that 
have been identified since the FMP was first implemented. These 
measures are considered a means to achieve the management objectives of 
the FMP, and include measures to implement an IFQ program.

DATES:  Comments must be received on or before July 6, 2009.

ADDRESSES:  An FEIS was prepared for Amendment 1 that describes the 
proposed action and its alternatives and provides a thorough analysis 
of the impacts of proposed measures and their alternatives. Copies of 
Amendment 1, including the FEIS and the IRFA, are available from Daniel 
Furlong, Executive Director, Mid-Atlantic Fishery Management Council, 
Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-
6790. You may submit comments, identified by 0648-AS25, by any one of 
the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: (978) 281-9135, Attn: Timothy Cardiasmenos.
     Mail: Regional Administrator, NMFS, Northeast Regional 
Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside 
of the

[[Page 20449]]

envelope, ``Comments on Tilefish Amendment 1.''
    Instructions: All comments received are a part of the public record 
and will generally beposted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter N/A in the required fields if you wish to 
remain anonymous). Attachments to electronic comments will be accepted 
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT:  Timothy Cardiasmenos, Fishery Policy 
Analyst, phone 978-281-9204, fax 978-281-9135.

SUPPLEMENTARY INFORMATION:

Background

    In March 2004, the Council began the development of Amendment 1 to 
the FMP to evaluate alternatives for a limited access privilege program 
and other measures for limited access vessels. The Council held 17 
public meetings on Amendment 1 between March 2004 and April 2008. After 
considering a wide range of issues, alternatives, and public input, the 
Council submitted a draft environmental impact statement (DEIS) for 
Amendment 1 to NMFS. The notice of availability for the DEIS published 
in the Federal Register on December 28, 2007 (72 FR 73798). Following 
the public comment period on the DEIS that ended on February 11, 2008, 
the Council adopted Amendment 1 on April 10, 2008. Amendment 1 was 
developed and adopted by the Council in response to the requirements of 
the Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable law. Amendment 1 management measures were developed by the 
Council and would: (1) Implement an Individual Fishing Quota (IFQ) 
program; (2) establish IFQ transferability of ownership; (3) establish 
a cap on the acquisition of IFQ allocation (temporary and permanent); 
(4) address fees and cost recovery; (5) establish flexibility to 
revise/adjust the IFQ program; (6) establish IFQ reporting 
requirements; (7) modify the Interactive Voice Response (IVR) reporting 
requirements; (8) implement recreational permits and reporting 
requirements; (9) improve monitoring of tilefish commercial landings; 
(10) expand the list of management measures that can be adjusted via 
the framework adjustment process; (11) modify the Essential Fish 
Habitat (EFH) designation; (12) modify the habitat areas of particular 
concern (HAPC) designation; and (13) implement measures to reduce gear 
impacts on EFH within the Exclusive Economic Zone. The proposed IFQ 
program measures are intended to reduce overcapacity in the commercial 
fishery, and to eliminate, to the extent possible, problems associated 
with a derby-style fishery. Amendment 1 also would create a tilefish 
open access Charter/Party permit, which would require reporting by the 
recreational component of the fishery. When the original FMP was 
instituted in 2001, the recreational component of the fishery was 
believed to be small. However, anecdotal evidence suggests that in 
recent years the recreational component of the fishery may have grown. 
The tilefish open access Charter/Party permit would provide NMFS with 
the ability to collect landings information on this component of the 
fishery in order to properly assess the health of the stock.
    Public comments are being solicited on Amendment 1, and its 
incorporated documents, through the end of the comment period stated in 
this notice of availability. A proposed rule that would implement 
Amendment 1 will also be published in the Federal Register for public 
comment. Public comments on the proposed rule must be received by the 
end of the comment period provided in this notice of availability of 
Amendment 1 to be considered in the approval/disapproval decision on 
the amendment. All comments received by July 6, 2009, whether 
specifically directed to Amendment 1, or to the proposed rule for 
Amendment 1, will be considered in the approval/disapproval decision on 
Amendment 1. Comments received after that date will not be considered 
in the decision to approve or disapprove Amendment 1. To be considered, 
comments must be received by the 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: April 29, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
 [FR Doc. E9-10181 Filed 5-1-09; 8:45 am]
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