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

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[Federal Register: August 11, 2008 (Volume 73, Number 155)]
[Notices]
[Page 46590-46591]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au08-34]

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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: MSBAmendment11@noaa.gov;

[[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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