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38060 Federal Register / Vol. 67, No. 105 / Friday, May 31, 2002 / Proposed Rules publication of this notice we are publishing legal notices in local newspapers announcing the date, time, and location of this hearing. National Environmental Policy Act It is our position that, outside the Tenth Circuit, we do not need to prepare environmental analyses as defined by the National Environmental Policy Act (NEPA) in connection with designating critical habitat under the Endangered Species Act of 1973, as amended. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244). This assertion was upheld in the courts of the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert. denied 116 S. Ct. 698 (1996). However, when the range of the species includes States within the Tenth Circuit, such as those of the Roswell springsnail, Koster’s tryonia, Pecos assiminea, and Noel’s amphipod, pursuant to the Tenth Circuit ruling in Catron County Board of Commissioners v. U.S. Fish and Wildlife Service, 75 F.3d 1429 (10th Cir. 1996), we will undertake a NEPA analysis for the critical habitat designation. We will notify the public of the availability of the draft NEPA document for this proposal so that interested and affected parties may participate and contribute to a final decision. The draft NEPA document will be sent out for a minimum 45-day public comment period, during which comments will be solicited. In addition, we will conduct a robust economic analysis on the effects of the proposed critical habitat designation prior to a final determination. We will conduct an analysis that complies with the ruling by the Tenth Circuit Court of Appeals in New Mexico Cattle Growers Association, et. al. v. U.S. Fish and Wildlife Service. When the draft economic analysis is completed, we will announce its availability with a notice in the Federal Register, and we will reopen the comment period at that time to accept comments on the draft economic analysis, draft NEPA document, or further comment on the proposed rule. We will also transmit the draft documents to all who commented on the proposed rule, and send the documents to anyone who requests a copy. We are particularly interested in comments or suggestions on reasons why any particular area should or should not be designated as critical habitat, information on the distribution and quality of habitat for these four invertebrate species, land use practices and current or planned activities in areas that may be affected by a designation of critical habitat, and any other pertinent issues of concern. Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: May 21, 2002. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 02–13534 Filed 5–30–02; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [I.D. 051302B] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Amendment Addressing Sustainable Fisheries Act Definitions and Other Required Provisions in Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands; Scoping Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of intent to prepare a draft supplemental environmental impact statement (DSEIS); notice of scoping meetings; request for comments. SUMMARY: The Caribbean Fishery Management Council (Council) intends to prepare a DSEIS to assess the impacts on the natural and human environment of the various managed fisheries related to the management measures proposed under the draft Comprehensive Amendment Addressing Sustainable Fishery Act (SFA) Definitions and Other Required Provisions of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) in the Fishery Management Plans (FMPs) of Puerto Rico and the U.S. Virgin Islands (Comprehensive SFA Amendment). DATES: Written comments on the scope of issues to be addressed in the DSEIS must be received by July 1, 2002. The scoping meetings will be held in June 2002. See SUPPLEMENTARY INFORMATION for specific dates and times for the scoping meetings. ADDRESSES: Written comments on the scope of the DSEIS and requests for additional information on the proposed management measures should be sent to the Caribbean Fishery Management Council, 268 Mun˜oz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 00918-1920; telephone: (787) 766–592; fax: (787) 766–6239; or you can send comments by e-mail to: miguel.a.rolon@noaa.gov or graciela.garcia-moliner@noaa.gov. The scoping meetings will be held in Puerto Rico, St. Thomas, and St. Croix, USVI. See SUPPLEMENTARY INFORMATION for specific meeting locations. FOR FURTHER INFORMATION CONTACT: Graciela Garcı´a-Moliner, phone: (787) 766–5926, e-mail: graciela.garcia- moliner@noaa.gov or Michael C. Barnette; phone: (727) 570–5305; fax: (727) 570–5583, e-mail: michael.barnette@noaa.gov. SUPPLEMENTARY INFORMATION: The Caribbean fisheries for Corals and Reef Associated Plants and Invertebrates, Queen Conch, Reef Fish, and Spiny Lobster in the exclusive economic zone are managed under FMPs prepared by the Council and approved and implemented by NMFS. In January 1985 NMFS prepared an Environmental Impact Statement (EIS) for the Spiny Lobster FMP. In February 1985 NMFS prepared an EIS for the Reef Fish Fishery FMP. In July 1994 NMFS prepared an EIS for the Corals and Reef Associated Plants and Invertebrates FMP. In January 1996 NMFS prepared an EIS for the Queen Conch FMP. This DSEIS would supplement all of the previous EISs. The Council is preparing to amend the FMPs for Corals and Reef Associated Plants and Invertebrates, Queen Conch, Reef Fish Fishery, and Spiny Lobster to: (1) Address the consistency with new definitions; (2) address bycatch management measures and bycatch reporting requirements; (3) provide descriptions of the commercial, recreational, and charter fisheries and quantify trends in landings and data specified for each sector; (4) address fishery impact statements to insure they incorporate the likely effects of management measures on fishing communities; and (5) address overfishing provisions specifying objective and measurable criteria for identifying whether a species is overfished and provide subsequent measures to rebuild overfished stocks. The DSEIS will describe the proposed management measures in the Comprehensive SFA Amendment and will assess the environmental impacts of these proposed and alternative measures. To ensure compliance with the requirements of the SFA in the various FMPs, the Council intends to VerDate May<23>2002 17:22 May 30, 2002 Jkt 197001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\31MYP1.SGM pfrm15 PsN: 31MYP1 38061 Federal Register / Vol. 67, No. 105 / Friday, May 31, 2002 / Proposed Rules evaluate numerous management measures, such as permits, commercial reporting requirements (including species-specific and bycatch reporting), limited entry, time/area closures (including closures for spawning aggregations and habitat protection), size limits, trip limits, gear restrictions, mandatory and/or voluntary observers, the addition and/or deletion of species from the management unit, and recreational possession limits. However, the Council is requesting written comments on the scope of the issues to be addressed in the DSEIS. Once the Council completes the DSEIS, it will submit it to NMFS for filing with the EPA. The EPA will publish a notice of availability of the DSEIS for public comment in the Federal Register. The DSEIS will have a 45-day comment period. The procedure is pursuant to regulations issued by the Council on Environmental Quality (CEQ) (40 CFR parts 1500–1508) for implementing the procedural provisions of the National Environmental Policy Act (NEPA) and to NOAA’s Administrative Order 216–6 regarding NOAA’s compliance with NEPA and the CEQ regulations. The Council will consider public comments received on the DSEIS before adopting final management measures for the Comprehensive SFA Amendment. The Council intends to prepare a final supplemental environmental impact statement (FSEIS) in support of the final Comprehensive SFA Amendment and submit the final Comprehensive SFA Amendment and supporting FSEIS to NMFS for Secretarial review, approval, and implementation under the Magnuson-Stevens Act. NMFS will announce availability of the Comprehensive SFA Amendment for public review during the Secretarial review period through a notice published in the Federal Register. During Secretarial review, NMFS will also file the FSEIS with the EPA for a final 30-day public comment period. This comment period will be concurrent with the Secretarial review period and will end prior to final agency action to approve, disapprove, or partially approve the Comprehensive SFA Amendment. All public comment periods on the Comprehensive SFA Amendment, its proposed implementing regulations, and its associated FSEIS will be announced through a notice published in the Federal Register. NMFS will consider all public comments received during the 60–day Secretarial review period, whether they are on the Comprehensive SFA Amendment, the FSEIS, or the proposed regulations, prior to final agency action. The scoping meetings will be held at the following dates and locations: 1. June 4, 2002: Conference Room of Torres de la Parguera Hotel, Carr. Principal #304, La Parguera, Lajas, Puerto Rico, from 2 p.m. to 5 p.m.; 2. June 6, 2002: Conference Room of the Best Western Pierre Hotel, De Diego Avenue, Santurce, Puerto Rico, from 2 p.m. to 5 p.m.; 3. June 10, 2002: Conference Room of the Caravelle Hotel, 44A Queen Cross St., Christiansted, St. Croix, U.S.V.I., from 7 p.m. to 10 p.m.; and 4. June 12, 2002: Conference Room of the Windward Passage Holiday Inn, Veterans Drive, Charlotte Amalie, St. Thomas, U.S.V.I., from 1 p.m. to 3 p.m. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Graciela Garcı´a- Moliner at the Council (see ADDRESSES). Dated: May, 2002. Virginia M. Fay, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 02–13707 Filed 5–30–02; 8:45 am] BILLING CODE 3510–22–S VerDate May<23>2002 10:06 May 30, 2002 Jkt 197001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\31MYP1.SGM pfrm17 PsN: 31MYP1