[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Proposed Rules]
[Pages 57843-57844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28791]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 961030300-6300-01; I.D. 101696D]
RIN 0648-AJ30
Magnuson Act Provisions; Essential Fish Habitat (EFH)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
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SUMMARY: NMFS is in the process of developing guidelines, by
regulation, to implement the requirements of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), as
mandated by the Sustainable Fisheries Act. These guidelines would
assist Fishery Management Councils (Councils) in the description and
identification of essential fish habitat (EFH), including adverse
impacts on EFH, in fishery management plans (FMPs) and in the
consideration of actions to conserve and enhance EFH. NMFS invites
interested persons to submit written comments, information, and
suggestions on all aspects of the EFH mandate. Comments from Councils,
interstate fishery management commissions, state fishery management
agencies, commercial and recreational fishing interests, environmental
groups, and other interested parties are of particular interest.
DATES: Written comments must be received on or before December 9, 1996.
ADDRESSES: Comments should be sent to the Director, Office of Habitat
Conservation, Attention: EFH, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3282.
FOR FURTHER INFORMATION CONTACT: Lee R. Crockett, 410-267-5672.
SUPPLEMENTARY INFORMATION: NMFS invites comments and information that
will assist with the implementation of the new Magnuson-Stevens Act (16
U.S.C. 1801 et seq.) mandates to: (1) Develop guidelines to assist
Councils in the description and identification of EFH (including
adverse impacts, and conservation and enhancement actions) for
fisheries managed by any Council; (2) develop and provide information
and recommendations to the Councils to assist in the identification of
EFH in FMPs, adverse impacts to EFH (including adverse impacts from
fishing), and actions to ensure the conservation and enhancement of
EFH; and (3) recommend conservation and management measures for actions
undertaken by any state or Federal agency that would adversely affect
any EFH. NMFS is soliciting information on the habitat requirements,
including the EFH, of fish species managed under the Magnuson-Stevens
Act and the distribution of those habitats. NMFS is also soliciting
information on the threats to EFH (including threats from fishing
activities), the distribution of those threats, ways to prevent or
mitigate the adverse impacts of those threats, and ways to conserve and
enhance EFH.
Background
The Sustainable Fisheries Act, among other mandates, requires the
Secretary of Commerce (Secretary), acting through NMFS, to carry out a
number of activities to describe, identify, conserve, and enhance EFH.
Below is a summary of the new EFH mandates of the Magnuson-Stevens Act.
Definition of EFH
EFH is defined as ``those waters and substrate necessary to fish
for spawning, breeding, feeding, or growth to maturity.''
Contents of FMPs
Several provisions were added to section (16 U.S.C. 1853(a)(7))
requiring that FMPs describe and identify EFH for the fishery based on
guidelines established by the Secretary under section (16 U.S.C.
1855(b)(1)(A)). FMPs are also required to minimize the adverse effects
on EFH caused by fishing, to the extent practicable. Finally, FMPs
should identify other actions that encourage the conservation and
enhancement of EFH.
Actions by the Secretary
Develop guidelines, by regulation, to assist the Councils
in the description and identification of EFH (including adverse
impacts) in FMPs, and conservation and enhancement measures of such
habitat, within 6 months of the date of enactment of the Magnuson-
Stevens Act.
Provide each Council, after consulting with the fishing
industry, with recommendations and information
[[Page 57844]]
regarding each fishery under that Council's authority to assist in the
identification of EFH, adverse impacts to EFH, and actions to ensure
conservation and enhancement of that habitat.
Review programs administered by NMFS and ensure that any
relevant programs further the conservation and enhancement of EFH.
Provide information to other Federal agencies to further
the conservation and enhancement of EFH.
Recommend conservation measures for any action undertaken
by any state or Federal agency that would adversely affect any EFH.
Actions by the Councils
The Councils are required to submit FMP amendments to the
Secretary to implement the EFH and other new FMP requirements not later
than 24 months after the date of enactment of the Magnuson-Stevens Act.
Councils may comment on and make recommendations to the
Secretary and any Federal or state agency concerning any activity, or
proposed activity, authorized, funded, or undertaken by any Federal or
state agency that may affect the habitat, including EFH, of a fishery
under its authority.
The Councils must comment on and make recommendations to
the Secretary and any Federal or state agency concerning an activity
that is likely to substantially affect the habitat, including EFH, of
an anadromous fishery resource.
Actions Required of Other Federal Agencies
Federal agencies must consult with the Secretary with
respect to any activity, or proposed activity, authorized, funded, or
undertaken by the agency that may adversely impact EFH.
Within 30 days of receipt of a recommendation, Federal
agencies are required to provide the Secretary and any Council that
comments on an activity, or proposed activity, with a written
description of the measures proposed by the agency for avoiding,
mitigating, or offsetting the impact of the activity on EFH. If this
response is inconsistent with the recommendations of the Secretary, the
agency must explain that inconsistency.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 4, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-28791 Filed 11-7-96; 8:45 am]
BILLING CODE 3510-22-F
