[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Proposed Rules]
[Page 48920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19868]



[[Page 48920]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-AW75


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic 
Herring Fishery; Amendment 4

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

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

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

SUMMARY:  NMFS announces that the New England Fishery Management 
Council (Council) has submitted Amendment 4 to the Atlantic Herring 
(Herring) Fishery Management Plan (FMP) (Amendment 4), incorporating 
the public hearing document and the Initial Regulatory Flexibility 
Analysis (IRFA), for review by the Secretary of Commerce and is 
requesting comments from the public.

DATES:  Comments must be received on or before October 12, 2010.

ADDRESSES:  An environmental assessment (EA) was prepared for Amendment 
4 that describes the proposed action and other considered alternatives 
and provides a thorough analysis of the impacts of the proposed 
measures and alternatives. Copies of Amendment 4, including the EA, the 
Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility 
Analysis (IRFA), are available from: Paul J. Howard, Executive 
Director, New England Fishery Management Council, 50 Water Street, Mill 
2, Newburyport, MA 01950, telephone (978) 465-0492. The EA/RIR/IRFA is 
also accessible via the Internet at http://www.nero.nmfs.gov.
    You may submit comments, identified by 0648-AW75, by any one of the 
following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal http://www.regulations.gov;
     Fax: (978) 281-9135, Attn: Carrie Nordeen;
     Mail to NMFS, Northeast Regional Office, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Herring Amendment 4.''
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (e.g., name, address) 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). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
formats only.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, (978) 281-9272.

SUPPLEMENTARY INFORMATION:

Background

    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) was re-authorized in January 2007. As a result 
of the re-authorization, the Magnuson-Stevens Act requires the 
establishment of annual catch limits (ACLs) and (AMs) to end and/or 
prevent overfishing in all FMPs. This amendment is needed to bring the 
Herring FMP into compliance with new Magnuson-Stevens Act requirements 
by: Revising definitions and the specifications-setting process, 
consistent with ACL requirements; and establishing fishery closure 
thresholds, a haddock incidental catch cap, and overage paybacks as 
AMs. Because herring is not subject to overfishing, the Herring FMP is 
required to be in compliance with ACL and AM requirements by 2011.
    A notice of intent (NOI) was published in the Federal Register (73 
FR 26082, May 8, 2008) announcing the Council's intent to develop 
Amendment 4 to the Herring FMP and prepare an environmental impact 
statement (EIS) analyzing the impacts of the proposed management 
measures. In addition to bringing the Herring FMP into compliance with 
ACL and AM requirements, initially, Amendment 4 also considered: Catch 
monitoring and reporting, interactions with river herring, access by 
midwater trawl vessels to groundfish closed areas, and interactions 
with the Atlantic mackerel fishery.
    In June 2009, the Council determined there was not sufficient time 
to develop and implement Amendment 4, in its entirety, by 2011, so it 
decided to split Amendment 4 into two separate actions. The Council 
determined that Amendment 4 would continue to address ACL and AM 
requirements, but that all other issues (e.g., catch monitoring and 
reporting, interactions with river herring and Atlantic mackerel, 
access to groundfish closed areas) would be considered in Amendment 5 
to the Herring FMP. A supplemental NOI, announcing this change and 
notifying the public that an environmental assessment, rather than an 
EIS, was being prepared to analyze the impacts of Amendment 4, was 
published in the Federal Register on December 28, 2009 (74 FR 68577).
    The Council held three public meetings on Amendment 4 during 
January 2010. Following the public comment period that ended on January 
12, 2010, the Council adopted Amendment 4 on January 26, 2010.
    This action proposes management measures that were recommended by 
the Council as part of Amendment 4. If implemented, these management 
measures would:
     Revise current definitions and the specification-setting 
process to include ACLs and AMs;
     Designate herring as a ``stock in the fishery;''
     Establish an interim acceptable biological catch (ABC) 
control rule;
     Eliminate total foreign processing (JVPt), including joint 
venture processing (JVP) and internal waters processing (IWP), and 
reserve from the specifications process; and
     Eliminate the annual consideration of total allowable 
level of foreign fishing (TALFF).
    Public comments are solicited on Amendment 4 and its incorporated 
documents through the end of the comment period stated in this NOA. A 
proposed rule that would implement Amendment 4 may 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 must be received by the end of the comment period provided in 
this NOA of Amendment 4 to 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 Amendment 4. To 
be considered, comments must be received by close of business on the 
last day of the comment period provided in this NOA.

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

    Dated: August 6, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-19868 Filed 8-11-10; 8:45 am]
BILLING CODE 3510-22-S