[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Proposed Rules]
[Pages 33986-33987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16671]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-AY00


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic 
Mackerel, Squid, and Butterfish Fisheries; Amendment 10

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 10 to the Atlantic Mackerel, 
Squid, and Butterfish (MSB) Fishery Management Plan (FMP) (Amendment 
10), 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 September 14, 2009.

ADDRESSES: A final supplemental environmental impact statement (FSEIS) 
was prepared for Amendment 10 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 
10, including the FSEIS, the Regulatory Impact Review (RIR), and the 
Initial Regulatory Flexibility Analysis (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. The FSEIS/RIR/IRFA is accessible via the Internet at http://www.nero.nmfs.gov.
    You may submit comments on this notice of availability, identified 
by ``0648-AY00'', by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal http://www.regulations.gov;
    <bullet> Fax: (978) 281-9135, Attn: Carrie Nordeen;
    <bullet> Mail to Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope ``Comments on MSB Amendment 
10.''
    Instructions: 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, 
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. Attachments to electronic comments will be accepted 
in Microsoft Word, Excel, WordPerfect, or Adobe PDF formats only.

SUPPLEMENTARY INFORMATION:

Background

    In February 2005, NMFS notified the Council that the butterfish 
stock was overfished, which triggered MSA requirements to implement 
rebuilding measures for the stock. In response, Amendment 10 to the MSB 
FMP was initiated by the Council in October 2005. Management measures 
for rebuilding butterfish are designed to reduce the fishing mortality 
on butterfish that occurs through discarding, which is the primary 
source of fishing mortality. Measures that reduce butterfish discards 
are expected to also reduce the bycatch of other finfish species in MSB 
fisheries.
    The purpose of Amendment 10 is to bring the MSB FMP into compliance 
with Magnuson-Stevens Fishery Conservation and Management Act (MSA) 
requirements by: 1) Establishing a rebuilding program that allows the 
butterfish stock to rebuild and permanently protects the long-term 
health and stability of the stock; and 2) minimizing bycatch and the 
fishing mortality of unavoidable bycatch, to the extent practicable, in 
the MSB fisheries. Amendment 10 would increase the minimum codend mesh 
requirement for the Loligo squid (Loligo) fishery; establish a 
butterfish rebuilding program with a butterfish mortality cap program 
for the Loligo fishery; establish a 72-hr trip notification requirement 
for the Loligo fishery; and require an annual assessment of the 
butterfish rebuilding program by the Council's Scientific and 
Statistical Committee (SSC).
    Initially, Amendment 9 to the MSB FMP (Amendment 9) was intended to 
bring the MSB FMP into compliance with MSA bycatch requirements, and 
contained several management measures intended to address deficiencies 
in the FMP that relate to discarding, especially as they affect 
butterfish. Specifically, those management measures would have 
attempted to reduce finfish discards by MSB small-mesh fisheries 
through mesh size increases in the directed Loligo fishery, removal of 
mesh size exemptions for the directed Illex squid fishery, and 
establishment of seasonal Gear Restricted Areas (GRAs). However, those 
specific management alternatives were developed in 2004, prior to the 
butterfish stock being declared overfished. On June 13, 2007, the 
Council recommended that all management measures developed as part of 
Amendment 9 to correct deficiencies in the FMP related to bycatch of 
finfish, especially butterfish, be considered in Amendment 10. 
Accordingly, no action was taken in Amendment 9 (73 FR 37382, July 1, 
2008) to address bycatch.
    The Council held three public meetings on Amendment 10 during June 
2008. Following the public comment period that ended on June 23, 2008, 
the Council adopted Amendment 10 on October 16, 2008. In Amendment 10, 
measures recommended by the Council would:
    <bullet> Establish a minimum mesh increase to 2-1/8 inches (54 mm) 
(from 1-7/8 inches ( 48 mm)) for the Loligo fishery during Trimesters I 
(Jan-Apr) and III (Sep-Dec), starting in 2010;
    <bullet> Establish a butterfish mortality cap program for the 
Loligo fishery, starting in 2011;

[[Page 33987]]

    <bullet> Establish a 72-hr trip notification requirement for the 
Loligo fishery, to facilitate the placement of NMFS observers on Loligo 
trips, starting in 2011; and
    <bullet> Require an annual assessment of the butterfish mortality 
cap program by the Council's SSC and, if necessary, implementation of 
additional butterfish rebuilding measures through the annual 
specifications process.
    Public comments are solicited on Amendment 10 and its incorporated 
documents through the end of the comment period stated in this notice 
of availability (NOA). A proposed rule that would implement Amendment 
10 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 10 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 10. 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: July 8, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-16671 Filed 7-13-09; 8:45 am]
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