[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Notices]
[Pages 51126-51128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23954]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XR75


Fisheries of the Northeastern United States; Essential Fish 
Habitat (EFH) Components of Fishery Management Plans (Northeast 
Multispecies, Atlantic Sea Scallop, Monkfish, Atlantic Herring, Skates, 
Atlantic Salmon, and Atlantic Deep-Sea Red Crab) 5-year Review

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 51127]]

Atmospheric Administration (NOAA), Commerce.

ACTION:  Supplemental notice of intent (NOI) to prepare an 
environmental impact statement (EIS).

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SUMMARY:  The New England Fishery Management Council (Council) is in 
the process of preparing a programmatic Environmental Impact Statement 
(EIS) and Omnibus Amendment to the fishery management plans (FMPs) for 
Northeast multispecies, Atlantic sea scallop, monkfish, Atlantic 
herring, skates, Atlantic salmon, and Atlantic deep-sea red crab. This 
NOI proposes that the Council will prepare one final EIS that 
incorporates all topics considered in the development of the Omnibus 
Amendment, rather than preparing a final Phase 1 EIS prior to 
completing work on Phase 2 topics. During this scoping period, the 
Council is seeking comments on its intent to not complete a Phase 1 
Final EIS (FEIS), as well as comments on any new scientific information 
identified since the 2004 scoping period that is pertinent to the 
development of the Omnibus Amendment.

DATES:  Written comments must be received on or before 5 pm EST, 
November 4, 2009.

ADDRESSES:  You may submit comments by any of the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#9ffcf0f2f2faf1ebecdff1faf9f2fcb1f0edf8"><span class="__cf_email__" data-cfemail="2e4d4143434b405a5d6e404b48434d00415c49">[email protected]</span></a>.
    <bullet> Mail: Paul J. Howard, Executive Director, New England 
Fishery Management Council, 50 Water Street, Newburyport, MA 01950.
    <bullet> Fax: (978) 465-3116.

FOR FURTHER INFORMATION CONTACT:  Paul J. Howard, Executive Director, 
New England Fishery Management Council (978) 465-0492.

SUPPLEMENTARY INFORMATION: The purpose of this notification is to alert 
the interested public of the Council's intent to revise the two-phased 
approach for the EIS associated with the Omnibus EFH Amendment, as 
proposed in the supplemental NOI dated September 9, 2005 (70 FR 53636). 
A complete description of the background and need for the Omnibus 
Amendment can be found in the original NOI dated February 24, 2004, (69 
FR 8367) and is not repeated here. This two-phased approach called for 
the completion of a final EIS for the topics included in Phase 1, 
followed by the preparation of a draft Phase 2 EIS, and the merger of 
the two documents into a single final EIS, with sequential public 
review and comment, first on Phase 1, and then on Phases 1 and 2 
combined. A notice of availability for the Phase 1 Draft EIS (DEIS) was 
published on April 6, 2007 (72 FR 17157).
    As indicated in the September 9, 2005, NOI, the Council intended to 
complete the EFH Omnibus Amendment in two phases with one accompanying 
EIS. Phase 1 was to have included a review and update of EFH 
designations, consideration of habitat areas of particular concern 
(HAPC), an updated prey species list, an update of non-fishing impacts, 
and an update of research and information needs. Phase 2 was to have 
included an evaluation of the effects of fishing on EFH, and management 
measures to minimize the adverse effects of fishing on EFH across all 
FMPs. The process called for developing the two phases sequentially, 
with submission of draft and final EIS documents for Phase 1 prior to 
completion of Phase 2. Upon completion of Phase 2, a single EIS 
document incorporating both phases would then have been voted on by the 
Council and made available for public comment. Any final alternatives 
voted on by the Council during Phase 1 would have been subject to 
revision until completion of the final EIS. Since the phased approach 
was proposed, the Phase 1 alternatives were developed and analyzed, and 
a notice of availability for the Phase 1 DEIS was published in the 
Federal Register on April 6, 2007 (72 FR 17157). Public comments were 
accepted through May 21, 2007; however, a FEIS for Phase 1 has not been 
completed. Work to complete Phase 2 is ongoing.
    The purpose of this NOI is to inform the interested public that the 
Council has determined that preparing a FEIS for Phase 1 is not 
practicable. Instead, the Council will wait until work on Phase 2 
topics is finished and then prepare a single DEIS incorporating Phases 
1 and 2. The elimination of this step in the process will give the 
Council additional time to complete the large number of proposed EFH 
maps for the numerous species and life stages included in the 
amendment. It will also allow for a more coordinated and comprehensive 
modification of the contents of Phases 1 and 2 so that they are more 
effectively integrated in the FEIS. In particular, proposed HAPC 
designations developed in Phase 1 could be modified to accommodate 
recent changes in the Council's discretionary authority to protect 
deep-sea corals from physical damage caused by fishing gear, as 
authorized in the Magnuson-Stevens Fishery Conservation and Management 
Act section 303(b)(2)(B). Alternatives pertaining to Phases 1 and 2 
will be distinct in the combined DEIS, consistent with the approach 
proposed in 2005. Following public comment, the Council will select 
final alternatives and then prepare and submit a final EIS. The 
proposed sequence of events is described in Table 1.

                              Table 1. Milestones of Phased EFH Omnibus Amendment 2
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                      Step                               Event/Milestone                      Status
----------------------------------------------------------------------------------------------------------------
1                                                Council files modified Notice          Filed September 9, 2005
                                                  of Intent to explain the
                                                  phased approach to the public.
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2                                                Council considers topics                                      Completed
                                                  outlined in Phase 1 and
                                                  develops a range of
                                                  alternatives.
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3                                                Council prepares DEIS that                                    Completed
                                                  includes components of Phase
                                                  1.
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4                                                Public Hearings/Public Comment                                Completed
                                                  Period on Phase 1 DEIS.
----------------------------------------------------------------------------------------------------------------
5                                                Council considers public                                      Considered at June and
                                                  comments and makes decisions                  September 2007 Council
                                                  on Phase 1 topics.                                   meetings
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6                                                Council considers topics                           In progress
                                                  outlined in Phase 2 and
                                                  develops a range of
                                                  alternatives.
----------------------------------------------------------------------------------------------------------------
7                                                Council prepares DEIS that                         In progress
                                                  includes components of Phase
                                                  2.
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8                                                Public Hearings/Public Comment                 To be completed
                                                  Period on combined Phase 1/
                                                  Phase 2 DEIS.
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[[Page 51128]]

 
9                                                Council considers public                       To be completed
                                                  comments and makes final
                                                  decisions on Phase 1 and Phase
                                                  2 topics.
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10                                               Council prepares and submits                   To be completed
                                                  merged document to NMFS as a
                                                  final, complete EIS/Magnuson
                                                  Act FMP Amendment document.
----------------------------------------------------------------------------------------------------------------
11                                               NMFS reviews EIS and issues a                  To be completed
                                                  record of decision.
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    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 29, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-23954 Filed 10-2-09; 8:45 am]
BILLING CODE 3510-22-S


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