Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Notice of Availability of Amendment 19 to the Pacific Coast Goundfish Fishery Management Plan, 72776-72777 [05-23735]

Download as PDF 72776 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018–AU58 Endangered and Threatened Wildlife and Plants, Notice of Reinstatement of the 1993 Proposed Rule to List the Flat-Tailed Horned Lizard as a Threatened Species Fish and Wildlife Service, Interior. ACTION: Notice of reinstatement of proposed rule. AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reinstatement of the November 29, 1993, proposed rule to list the flat-tailed horned lizard (Phrynosoma mcallii) as a threatened species under the Endangered Species Act of 1973, as amended (Act). On November 17, 2005, the U.S. District Court for the District of Arizona vacated the January 3, 2003, withdrawal of the proposed rule to list the flat-tailed horned lizard, reinstated the 1993 proposed rule, and remanded the matter to us for further consideration in accordance with its August 30, 2005, and November 17, 2005, orders. The District Court ordered us to submit for publication in the Federal Register, as soon as practicable, a notice advising the public that the January 3, 2003, withdrawal has been vacated and that the 1993 proposed rule is reinstated, and to submit for publication in the Federal Register a new final listing decision on the proposed rule to list the flat-tailed horned lizard by April 30, 2006. Consequently, we are hereby providing notice that the 1993 proposed rule to list the flat-tailed horned lizard is reinstated, and that we will complete a final listing decision for the flat-tailed horned lizard by April 30, 2006. ADDRESSES: The complete file for this notice is available for inspection, by appointment, during normal business hours at the Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 6010 Hidden Valley Road, Carlsbad, California 92011. FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, at the above address, by telephone at 760/431–9440, or by facsimile at 760/431–9624. SUPPLEMENTARY INFORMATION: Background The flat-tailed horned lizard (Phrynosoma mcallii) is a small, cryptically colored, phrynosomatid VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 lizard that reaches a maximum adult body length (excluding the tail) of approximately 87 millimeters (3.4 inches). The lizard has a flattened body, short tail, and dagger-like head spines like other horned lizards. It is distinguished from other horned lizards in its range by a dark vertebral stripe, two slender elongated occipital spines, and the absence of external ear openings. The dorsal surface of the flattailed horned lizard is pale gray to light rusty brown. The ventral side is white and unmarked, with the exception of a prominent umbilical scar. The flat-tailed horned lizard is endemic (restricted) to the Sonoran Desert in southern California, Arizona and northwestern Mexico. The species is documented from the Coachella Valley in Riverside County, California; the Imperial and Borrego Valleys in Imperial and eastern San Diego Counties, California; south of the Gila River and west of the Gila and Butler Mountains in Yuma County, Arizona; east of the Sierra de Juarez in the Laguna Salada and Yreka Basins in northeastern Baja California Norte, Mexico; and north and west of Bahia de San Jorge to the delta of the Colorado River in northwestern Sonora, Mexico (Grismer 2002; Rodriguez 2002). The flat-tailed horned lizard occurs at elevations up to 800 meters (2600 feet) above sea level, but most populations are below 300 meters (980 feet) elevation. On November 29, 1993, we published a proposed rule to list the flat-tailed horned lizard as a threatened species pursuant to the Act (58 FR 62624). On July 15, 1997, we issued a final decision to withdraw the 1993 proposed rule (62 FR 37852). Defenders of Wildlife and other groups challenged the 1997 withdrawal decision. On June 16, 1999, the District Court for the Southern District of California granted summary judgment in our favor upholding our decision not to list the flat-tailed horned lizard. However, on July 31, 2001, the Ninth Circuit Court of Appeals reversed the lower court’s ruling and directed the District Court to remand the matter to us for further consideration in accordance with the legal standards outlined in its opinion (Defenders of Wildlife v. Norton, 258 F.3d 1136). On October 24, 2001, the District Court for the Southern District of California remanded the 1997 withdrawal decision. Consistent with the District Court’s remand order, we published a withdrawal of the proposed rule to list the flat-tailed horned lizard on January 3, 2003 (68 FR 331). The Tucson Herpetological Society and other groups challenged this withdrawal PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 decision in the United States District Court for the District of Arizona. On August 30, 2005, the District Court for the District of Arizona issued an order granting plaintiffs’ motion for summary judgment ‘‘on the ground that the Secretary’s withdrawal of the proposed rule violated the Endangered Species Act and the Ninth Circuit’s remand order by failing to evaluate the lizard’s lost habitat and whether that habitat was a significant portion of the range.’’ The court upheld all other aspects of the January 3, 2003, withdrawal decision. On November 17, 2005, the District Court issued a subsequent order, consistent with its August 30, 2005, order, vacating the 2003 withdrawal and remanding the matter to us for further consideration. The District Court reinstated the 1993 proposed rule to list the flat-tailed horned lizard as a threatened species for the duration of the remand, and ordered us to submit for publication in the Federal Register, as soon as practicable, a notice advising the public that the January 3, 2003, withdrawal has been vacated and that the 1993 proposed rule is reinstated. The District Court further ordered us to make a new listing decision by April 30, 2006, stating that, ‘‘on remand the agency need only address the matters on which the court’s August 30, 2005 Order * * * found the January 3, 2003 Withdrawal unlawful, which may summarily be identified as whether the lizard’s lost historical habitat renders the species in danger of extinction in a significant portion of its range.’’ For additional background information and previous Federal actions related to the listing determinations for the flat-tailed horned lizard, please refer to the January 3, 2003, Federal Register notice (68 FR 331). Author The primary author of this notice is the Carlsbad Fish and Wildlife Office (see ADDRESSES section). Authority: The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: November 30, 2005. Marshall Jones, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 05–23692 Filed 12–6–05; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules National Marine Fisheries Service, Sand Point Way NE., BIN C15700, Seattle, WA 98115–0070. • Fax: (206) 526–6736. Copies of Amendment 19 or supporting documents are available from Maryann Nickerson, (206) 526– 4490. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [I.D. 112905C] RIN 0648-AT98 FOR FURTHER INFORMATION CONTACT: Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Notice of Availability of Amendment 19 to the Pacific Coast Goundfish Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of an amendment to a fishery management plan; request for comments. AGENCY: SUMMARY: Amendment 19 to the Pacific Coast Groundfish Fishery Management Plan (FMP) has been developed by NMFS and the Pacific Fishery Management Council (Council) to comply with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by amending the Pacific Coast Groundfish Fishery Management Plan (FMP) to describe and identify essential fish habitat (EFH) for the fishery, designate Habitat Areas of Particular Concern, minimize to the extent practicable the adverse effects of fishing on EFH, and identify other actions to encourage the conservation and enhancement of EFH. DATES: Comments on Amendment 19 must be received on or before February 6, 2006. ADDRESSES: You may submit comments on the amendment identified by I.D. 112905C by any of the following methods: • E-mail: GroundfishEFHFMP.nwr@noaa.gov. Include I.D. 112905C in the subject line of the message. • Federal e-Rulemaking portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Send comments to D. Robert Lohn, Administrator, Northwest Region, VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 Stephen Copps (Northwest Region, NMFS), phone: 206–526–6187. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires each Regional Fishery Management Council to submit any amendment to an FMP to NMFS for review and approval, disapproval, or partial approval. The Magnuson-Stevens Act also requires that NMFS, upon receiving an amendment to an FMP, immediately publish notification in the Federal Register that the amendment is available for public review and comment. NMFS will consider the public comments received during the comment period described above in determining whether to approve, disapprove, or partially approve Amendment 19. Section 303(a)(7) of the MagnusonStevens Act requires Fishery Management Councils to include in FMPs the description and identification of EFH for the fishery, and minimization to the extent practicable the adverse effects of fishing on EFH. Amendment 19 is supported by a final environmental impact statement (FEIS) that evaluates a comprehensive strategy to conserve and enhance EFH, including its identification and the implementation of measures to minimize adverse impacts to EFH from fishing, to the extent practicable. Preparation of the EIS and Amendment 19 stem from a 2000 court order in American Oceans Campaign et. al. v. Daley, Civil Action 99-982 (GK) (D.D.C. September 14, 2000), which required NMFS and the Council to prepare an EIS to evaluate the effects of fishing on EFH and identify measures to minimize those impacts to the extent practicable. NMFS published a draft EIS for public comment on February 11, 2005. The public comment period on the draft ended on May 11, 2005. The PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 72777 Council identified a final preferred alternative at their June 13-17, 2005, meeting in Foster City, CA. NMFS must approve any FMP amendment and implementing regulations it deems necessary by May 6, 2006. Specific Request for Additional Comments and Information A coastwide prohibition on bottom trawling in all areas within the exclusive economic zone (EEZ) that are deeper than 700 fm is also included in the proposed amendment. NMFS is specifically seeking comment on this aspect of the amendment as well as the gear restrictions described above because they would apply in areas deeper than 3500 m (11482.9 ft), and, therefore, would be outside EFH. Management measures to minimize adverse impacts on EFH could apply in the EEZ in areas not described as EFH, if there is a link between the fishing activity and adverse effects on EFH. Additionally, management measures could be based on the Council’s discretionary authority under sections (303(b)(2) and (b)(12) of the MagnusonStevens Act to protect habitat outside EFH if there is a basis for these measures. NMFS will consider public comments and information received on the proposed rule which has been submitted for Secretarial review and approval and on the proposed Amendment 19 to determine if the measures should be applied in areas outside EFH (deeper than 3500 m (11482.9 ft). NMFS expects to publish the proposed regulation to implement Amendment 19 in the near future. Public comments on Amendment 19 must be received by February 6, 2006, to be considered by NMFS in the decision to approve, disapprove, or partially approve Amendment 19. Authority: 16 U.S.C. 1801 et seq. Dated: December 1, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–23735 Filed 12–6–05; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\07DEP1.SGM 07DEP1

Agencies

[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Proposed Rules]
[Pages 72776-72777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23735]



[[Page 72777]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 112905C]
RIN 0648-AT98


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Notice of Availability of Amendment 
19 to the Pacific Coast Goundfish Fishery Management Plan

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

ACTION: Notice of availability of an amendment to a fishery management 
plan; request for comments.

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SUMMARY: Amendment 19 to the Pacific Coast Groundfish Fishery 
Management Plan (FMP) has been developed by NMFS and the Pacific 
Fishery Management Council (Council) to comply with the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
by amending the Pacific Coast Groundfish Fishery Management Plan (FMP) 
to describe and identify essential fish habitat (EFH) for the fishery, 
designate Habitat Areas of Particular Concern, minimize to the extent 
practicable the adverse effects of fishing on EFH, and identify other 
actions to encourage the conservation and enhancement of EFH.

DATES: Comments on Amendment 19 must be received on or before February 
6, 2006.

ADDRESSES: You may submit comments on the amendment identified by I.D. 
112905C by any of the following methods:
     E-mail: GroundfishEFH-FMP.nwr@noaa.gov. Include I.D. 
112905C in the subject line of the message.
     Federal e-Rulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Send comments to D. Robert Lohn, Administrator, 
Northwest Region, National Marine Fisheries Service, Sand Point Way 
NE., BIN C15700, Seattle, WA 98115-0070.
     Fax: (206) 526-6736.
    Copies of Amendment 19 or supporting documents are available from 
Maryann Nickerson, (206) 526-4490.

FOR FURTHER INFORMATION CONTACT: Stephen Copps (Northwest Region, 
NMFS), phone: 206-526-6187.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires each 
Regional Fishery Management Council to submit any amendment to an FMP 
to NMFS for review and approval, disapproval, or partial approval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving an 
amendment to an FMP, immediately publish notification in the Federal 
Register that the amendment is available for public review and comment. 
NMFS will consider the public comments received during the comment 
period described above in determining whether to approve, disapprove, 
or partially approve Amendment 19.
    Section 303(a)(7) of the Magnuson-Stevens Act requires Fishery 
Management Councils to include in FMPs the description and 
identification of EFH for the fishery, and minimization to the extent 
practicable the adverse effects of fishing on EFH. Amendment 19 is 
supported by a final environmental impact statement (FEIS) that 
evaluates a comprehensive strategy to conserve and enhance EFH, 
including its identification and the implementation of measures to 
minimize adverse impacts to EFH from fishing, to the extent 
practicable.
    Preparation of the EIS and Amendment 19 stem from a 2000 court 
order in American Oceans Campaign et. al. v. Daley, Civil Action 99-982 
(GK) (D.D.C. September 14, 2000), which required NMFS and the Council 
to prepare an EIS to evaluate the effects of fishing on EFH and 
identify measures to minimize those impacts to the extent practicable. 
NMFS published a draft EIS for public comment on February 11, 2005. The 
public comment period on the draft ended on May 11, 2005. The Council 
identified a final preferred alternative at their June 13-17, 2005, 
meeting in Foster City, CA. NMFS must approve any FMP amendment and 
implementing regulations it deems necessary by May 6, 2006.

Specific Request for Additional Comments and Information

    A coastwide prohibition on bottom trawling in all areas within the 
exclusive economic zone (EEZ) that are deeper than 700 fm is also 
included in the proposed amendment. NMFS is specifically seeking 
comment on this aspect of the amendment as well as the gear 
restrictions described above because they would apply in areas deeper 
than 3500 m (11482.9 ft), and, therefore, would be outside EFH. 
Management measures to minimize adverse impacts on EFH could apply in 
the EEZ in areas not described as EFH, if there is a link between the 
fishing activity and adverse effects on EFH. Additionally, management 
measures could be based on the Council's discretionary authority under 
sections (303(b)(2) and (b)(12) of the Magnuson-Stevens Act to protect 
habitat outside EFH if there is a basis for these measures. NMFS will 
consider public comments and information received on the proposed rule 
which has been submitted for Secretarial review and approval and on the 
proposed Amendment 19 to determine if the measures should be applied in 
areas outside EFH (deeper than 3500 m (11482.9 ft). NMFS expects to 
publish the proposed regulation to implement Amendment 19 in the near 
future.
    Public comments on Amendment 19 must be received by February 6, 
2006, to be considered by NMFS in the decision to approve, disapprove, 
or partially approve Amendment 19.

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

    Dated: December 1, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-23735 Filed 12-6-05; 8:45 am]
BILLING CODE 3510-22-S