Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, 18193-18194 [E7-6881]

Download as PDF cprice-sewell on PRODPC61 with PROPOSALS Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules scientific community in the development of these regulations. The April 19–20, 2007 consultation meeting supports the Secretary of the Interior’s responsibility to consult with the Review Committee regarding the development of regulations. The Native American Graves Protection and Repatriation Act provides criteria for determining the ownership of Native American cultural items that are excavated or discovered on Federal or tribal lands after November 16, 1990 [25 U.S.C. 3002 (a)]. Ownership or control of such items is, with priority given in the order listed: (1) In the case of human remains and associated funerary objects, in the lineal descendant of the deceased individual; (2) In cases where the lineal descendant cannot be ascertained or no claim is made, and with respect to unassociated funerary objects, sacred objects, and objects of cultural patrimony: (i) In the Indian tribe on whose tribal land the human remains, funerary objects, sacred objects, or objects of cultural patrimony were discovered inadvertently; (ii) In the Indian tribe or Native Hawaiian organization that has the closest cultural affiliation with the human remains, funerary objects, sacred objects, or objects of cultural patrimony; (iii) In circumstances in which the cultural affiliation of the human remains, funerary objects, sacred objects, or objects of cultural patrimony cannot be ascertained and the objects were discovered inadvertently on Federal land that is recognized by a final judgment of the Indian Claims Commission or the United States Court of Claims as the aboriginal land of an Indian tribe: (A) In the Indian tribe aboriginally occupying the Federal land on which the human remains, funerary objects, sacred objects, or objects of cultural patrimony were discovered, or (B) If it can be shown that a different Indian tribe or Native Hawaiian organization has a stronger cultural relationship with the human remains, funerary objects, sacred objects, or objects of cultural patrimony, in the Indian tribe or Native Hawaiian organization that has the strongest demonstrated relationship with the objects [43 CFR 10.6 (a)]. The Act directs that Native American cultural items not claimed under subsection (a) shall be disposed of in accordance with regulations promulgated by the Secretary of the Interior in consultation with the Review Committee, Native American groups, representatives of museums, and the VerDate Aug<31>2005 14:48 Apr 10, 2007 Jkt 211001 scientific community [25 U.S.C. 3002 (b)]. One section of the regulations was reserved for procedures to effect the disposition of Native American cultural items that are not claimed [43 CFR 10.7]. Participants in the consultation meetings are requested to comment on the following issues: (1) How should the regulations address distinctions between: (a) human remains, funerary objects, sacred objects, or objects of cultural patrimony remaining in Federal care for which ownership or control is with a lineal descendant or an Indian tribe or Native Hawaiian organization on whose lands the cultural items were discovered? (b) human remains, funerary objects, sacred objects, or objects of cultural patrimony remaining in Federal care for which an Indian tribe or Native Hawaiian organization has stated a claim based on cultural affiliation, aboriginal land, or cultural relationship? (c) human remains, funerary objects, sacred objects, or objects of cultural patrimony remaining in Federal care for which a non-federally recognized Indian group has stated a claim based on a relationship of shared group identity? (d) human remains and associated funerary objects remaining in Federal care for which no claim has been made? (2)Do current regulations regarding the curation of Federally-owned and administered archaeological collections [36 CFR 79] adequately address the management, preservation, and use of human remains, funerary objects, sacred objects, or objects of cultural patrimony remaining in Federal care? Dated: April 5, 2007. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E7–6789 Filed 4–10–07; 8:45 am] BILLING CODE 4312–50–S PO 00000 18193 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [I.D. 032907A] RIN 0648–AS22 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Availability of proposed fishery management plan amendment; request for comments. AGENCY: SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management Council (Council) has submitted Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) (Amendment 14), incorporating the draft Environmental Assessment (EA), preliminary Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility Analysis (IRFA), for review by the Secretary of Commerce and is requesting comments from the public. The proposed measures include a plan to rebuild the scup stock from an overfished condition to the level associated with maximum sustainable yield, as required by the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The proposed action also includes an administrative change that would allow changes to the scup Gear Restricted Areas (GRAs) through a framework adjustment to the FMP. The intended effect of this change is to improve the timing of developing and implementing modifications to the GRAs. Comments must be received on or before June 11, 2007. ADDRESSES: You may submit comments by any of the following methods: • E-mail: FSBAmendment14NOA@noaa.gov. Include in the subject line the following identifier: ‘‘Comments on Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass FMP.’’ • Federal e-rulemaking portal: http:/ www.regulations.gov DATES: Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\11APP1.SGM 11APP1 18194 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules cprice-sewell on PRODPC61 with PROPOSALS • Mail: Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope: ‘‘Comments on Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass FMP.’’ • Fax: (978) 281–9135 Copies of Amendment 14 and of the draft Environmental Assessment, preliminary Regulatory Impact Review, and Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) are available from Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19901–6790. The EA/RIR/ IRFA is also accessible via the Internet at https://www.nero.noaa.gov. FOR FURTHER INFORMATION CONTACT: Michael P. Ruccio, Fishery Policy Analyst, 978–281–9104. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each Regional Fishery Management Council submit any FMP amendment it prepares to NMFS for review and approval, disapproval, or partial approval. The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP amendment, immediately publish a notice in the Federal Register that the amendment is available for public review and comment. If approved by NMFS, this amendment VerDate Aug<31>2005 14:48 Apr 10, 2007 Jkt 211001 would implement a rebuilding program to increase the scup stock to the level associated with maximum sustainable yield (Bmsy). The amendment would also effect an administrative change to the regulations on framework adjustments. Background In August 2005, NMFS notified the Council that the scup stock had officially been designated as overfished as defined by the Magnuson-Stevens Act. Specifically, the 3–year Northeast Fishery Science Center (NEFSC) spawning stock biomass (SSB) value for scup had declined below the minimum biomass threshold. In response, the Council began development of Amendment 14 to the FMP in February 2006 to rebuild the scup stock to the biomass target. This action proposes scup rebuilding program alternatives which would, within at least 10 years, increase the scup stock to the target biomass level (i.e., achieve stock rebuilding) as required by the Magnuson-Stevens Act. In addition, this action proposes a single administrative change to the procedures for modifying the GRAs. Currently, GRAs are modified though the annual specification process. This action proposes to change the procedures so that GRAs may be modified through framework adjustments to the FMP. Public comments are being solicited on Amendment 14 and its incorporated PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 documents through the end of the comment period stated in this notice of availability. A proposed rule that would implement Amendment 14 will 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 on the proposed rule must be received by the end of the comment period provided in this notice of availability of Amendment 14 to be considered in the approval/disapproval decision on the amendment. All comments received by June 11, 2007, whether specifically directed to Amendment 14 or the proposed rule will be considered in the approval/ disapproval decision on Amendment 14. Comments received after that date will not be considered in the decision to approve or disapprove Amendment 14. To be considered, comments must be received by close of business on the last day of the comment period; that does not mean postmarked or otherwise transmitted by that date. Authority: 16 U.S.C. 1801 et seq. Dated: April 5, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries. [FR Doc. E7–6881 Filed 4–10–07; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\11APP1.SGM 11APP1

Agencies

[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Proposed Rules]
[Pages 18193-18194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6881]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 032907A]
RIN 0648-AS22


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Summer 
Flounder, Scup, and Black Sea Bass Fisheries; Amendment 14 to the 
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan

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

ACTION: Notice of Availability of proposed fishery management plan 
amendment; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management 
Council (Council) has submitted Amendment 14 to the Summer Flounder, 
Scup, and Black Sea Bass Fishery Management Plan (FMP) (Amendment 14), 
incorporating the draft Environmental Assessment (EA), preliminary 
Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility 
Analysis (IRFA), for review by the Secretary of Commerce and is 
requesting comments from the public.
    The proposed measures include a plan to rebuild the scup stock from 
an overfished condition to the level associated with maximum 
sustainable yield, as required by the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). The proposed 
action also includes an administrative change that would allow changes 
to the scup Gear Restricted Areas (GRAs) through a framework adjustment 
to the FMP. The intended effect of this change is to improve the timing 
of developing and implementing modifications to the GRAs.

DATES: Comments must be received on or before June 11, 2007.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: FSBAmendment14NOA@noaa.gov. Include in the subject 
line the following identifier: ``Comments on Amendment 14 to the Summer 
Flounder, Scup, and Black Sea Bass FMP.''
     Federal e-rulemaking portal: http:/www.regulations.gov

[[Page 18194]]

     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope: ``Comments on Amendment 14 to the 
Summer Flounder, Scup, and Black Sea Bass FMP.''
     Fax: (978) 281-9135
    Copies of Amendment 14 and of the draft Environmental Assessment, 
preliminary Regulatory Impact Review, and Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) are available from Daniel T. 
Furlong, Executive Director, Mid-Atlantic Fishery Management Council, 
Room 2115, Federal Building, 300 South New Street, Dover, DE 19901-
6790. The EA/RIR/IRFA is also accessible via the Internet at https://
www.nero.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Michael P. Ruccio, Fishery Policy 
Analyst, 978-281-9104.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each 
Regional Fishery Management Council submit any FMP amendment it 
prepares to NMFS for review and approval, disapproval, or partial 
approval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an FMP amendment, immediately publish a notice in the Federal 
Register that the amendment is available for public review and comment. 
If approved by NMFS, this amendment would implement a rebuilding 
program to increase the scup stock to the level associated with maximum 
sustainable yield (Bmsy). The amendment would also effect an 
administrative change to the regulations on framework adjustments.

Background

    In August 2005, NMFS notified the Council that the scup stock had 
officially been designated as overfished as defined by the Magnuson-
Stevens Act. Specifically, the 3-year Northeast Fishery Science Center 
(NEFSC) spawning stock biomass (SSB) value for scup had declined below 
the minimum biomass threshold. In response, the Council began 
development of Amendment 14 to the FMP in February 2006 to rebuild the 
scup stock to the biomass target.
    This action proposes scup rebuilding program alternatives which 
would, within at least 10 years, increase the scup stock to the target 
biomass level (i.e., achieve stock rebuilding) as required by the 
Magnuson-Stevens Act. In addition, this action proposes a single 
administrative change to the procedures for modifying the GRAs. 
Currently, GRAs are modified though the annual specification process. 
This action proposes to change the procedures so that GRAs may be 
modified through framework adjustments to the FMP.
    Public comments are being solicited on Amendment 14 and its 
incorporated documents through the end of the comment period stated in 
this notice of availability. A proposed rule that would implement 
Amendment 14 will 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 on the proposed 
rule must be received by the end of the comment period provided in this 
notice of availability of Amendment 14 to be considered in the 
approval/disapproval decision on the amendment. All comments received 
by June 11, 2007, whether specifically directed to Amendment 14 or the 
proposed rule will be considered in the approval/disapproval decision 
on Amendment 14. Comments received after that date will not be 
considered in the decision to approve or disapprove Amendment 14. To be 
considered, comments must be received by close of business on the last 
day of the comment period; that does not mean postmarked or otherwise 
transmitted by that date.

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

    Dated: April 5, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries.
[FR Doc. E7-6881 Filed 4-10-07; 8:45 am]
BILLING CODE 3510-22-S

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