[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Notices]
[Pages 37387-37389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15229]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BC27
New England Fishery Management Council; Northeast Multispecies
Fishery; Notice of Intent to Prepare an Environmental Impact Statement
(EIS); Request for Comments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 37388]]
ACTION: Notice; intent to prepare an environmental impact statement;
request for comments.
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SUMMARY: The New England Fishery Management Council (Council) announces
its intention to prepare, in cooperation with NMFS, an EIS in
accordance with the National Environmental Policy Act (NEPA). An EIS
may be necessary to provide analytical support for the fishing year
2013-2015 catch allowances and management measures for the Northeast
(NE) Multispecies Fishery Management Plan (FMP). Analysis may also be
necessary to evaluate alternatives for mitigating FMP interactions with
threatened and endangered distinct population segments of Atlantic
sturgeon. This notice is to alert the interested public of the
potential development of a Draft EIS, and to outline opportunity for
public participation in that process.
DATES: Written comments must be received on or before 5 p.m., e.s.t.,
on July 23, 2012.
ADDRESSES: Written comments may be sent by any of the following
methods:
Email: 2013.groundfish.actionNOI@noaa.gov.
Mail or hand delivery: Mr. Paul Howard, New England
Fishery Management Council, 50 Water St., Mill 2, Newburyport, MA
01950. Mark the outside of the envelope ``2013.groundfish.actionNOI'';
or
Fax: (978) 465-3116.
Additional information may be obtained from the Council office at
the previously provided address, by request to the Council by telephone
(978) 465-0492, or via the Internet at http://www.nefmc.org. Comments
may be provided at upcoming Council meetings. Meeting times and
locations are listed on the Council's Web site: http://www.nefmc.org.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Howard, New England Fishery
Management Council, 50 Water St., Mill 2, Newburyport, MA 01950,
(telephone 978-465-0492).
SUPPLEMENTARY INFORMATION: The Council, working through its public
participatory committee and meeting processes, anticipates development
of actions that may be analyzed through an EIS, or analyzed through an
Environmental Assessment (EA), dependent on addressing applicable
criteria in Council of Environmental Quality regulations and guidance
for implementing NEPA. The action may include the following measures:
1. Establishment of catch limits and management measures for
certain stocks and species for the 2013, 2014, and possibly the 2015
fishing years, and;
2. Development of measures to minimize take and/or adverse impacts
on threatened and endangered distinct population segments (DPS) of
Atlantic sturgeon that interact with the NE multispecies fisheries.
These potential measures are described in further detail, as
follows:
Catch Limits and Management Measures
The development of fishing year 2013, 2014, and possibly 2015 catch
allowances and management measures has been initiated by the Council.
It is expected that the action will likely be taken through an FMP
framework adjustment process; however, it is possible an amendment to
the FMP may be utilized, dependent on the final scope and scale of the
action relative to the authority provided by the FMP for framework
adjustment. The action is expected to be further developed throughout
2012. The Council recommendations are designed to be submitted to NMFS
for review, approval, rulemaking and implementation in time for NMFS to
implement the action by the start of the 2013 fishing year (May 1,
2013). The Council will provide advanced notice of development and
decisionmaking meetings where the 2013-15 catch allowance and
management measures will be discussed.
The Council may take action including, but not limited to,
establishment of annual catch allowances for the commercial and
recreational NE multispecies fisheries along with commercial and
recreational fishery regulatory changes designed to ensure catch does
not exceed the established allowances being concurrently implemented by
the action. These catch and fishing measures are anticipated for the
following groundfish species either throughout all northeastern U.S.
waters, in U.S. waters subject to the U.S./Canada Resources Sharing
Understanding, or as specified in broad stock areas, as indicated by
parenthesis: Atlantic cod (George's Bank (GB) and Gulf of Maine (GOM)
stocks); haddock (GB and GOM stocks); yellowtail flounder (Cape Cod/
GOM, GB, and Southern New England/Mid-Atlantic (SNE/MA) Bight stocks);
American plaice; witch flounder; Acadian redfish; white hake;
windowpane flounder (GOM/GB and SNE/MA stocks); ocean pout; Atlantic
wolffish; and Atlantic halibut.
The Council anticipates using this action to address requirements
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) and its national standards. Specifically, the
Council intends to establish Annual Catch Limits (ACLs) based on
Acceptable Biological Catch (ABC) advice from its Scientific and
Statistical Committee (SSC) for commercial and recreational fisheries
that catch these species. ACLs are designed to ensure stocks do not
become overfished, are not subject to overfishing, and, where required,
rebuild to target biomass levels. In addition, the Council anticipates
taking action to end overfishing for stocks currently subject to
overfishing: GOM and GB cod; GOM haddock; Cape Cod/GOM yellowtail
flounder; GOM/GB windowpane flounder; and witch flounder. Ending
overfishing may require reduction in catch allowances from currently
established levels, changes in management measures, or both.
The Council intends to provide analysis of the positive and
negative environmental impacts resulting from various alternatives
under consideration for the previously mentioned species and
objectives. The interested public is encouraged to participate in the
development process and provide input on alternatives designed to
achieve the previously described objectives. The Council will begin the
catch and management measures specification process by soliciting
comments during an initial scoping period, as proscribed in this
notice. However, if the ongoing analysis indicates a Finding of No
Significant Impact (FONSI) statement can be supported, the Council may
provide notice in the Federal Register indicating it is not necessary
to prepare an EIS and will instead develop an EA to provide the
necessary NEPA analysis. It is expected that a new stock assessment for
GOM cod will be completed and available for 2013-15 catch and
management measures development process. The scientifically
controversial components of the most recent assessment, conducted in
December 2012, are planned to be addressed by this new assessment. The
status of scientific controversy involving the available stock
assessment information for GOM cod is expected to be a consideration in
whether a FONSI can be supported. The Council will keep the public
apprised of the ongoing NEPA analysis development as the catch and
management measures process moves forward.
Atlantic Sturgeon Related Measures
NMFS published a final rule (77 FR 5880; February 6, 2012) to list
Atlantic
[[Page 37389]]
sturgeon under the Endangered Species Act (ESA) as threatened in the
Gulf of Maine DPS and as endangered in the New York Bight, Chesapeake
Bay, Carolina, and South Atlantic DPSs. Atlantic sturgeon within these
DPSs are known to interact with the NE multispecies fisheries.
Following the publication of the final listing rule, NMFS has
initiated formal consultation under Section 7 of the ESA for the NE
Multispecies FMP and is developing a comprehensive Biological Opinion
to ascertain the level of impact the fishery may have on these three
Atlantic sturgeon DPSs. As part of the Section 7 consultation, NMFS
will determine if the NE multispecies fishery jeopardizes the continued
existence of any or all of the DPSs, or if the level of interaction may
adversely impact but does not jeopardize survival of the species in any
or all of the DPSs. These determinations will result in the requirement
to develop and implement measures required by the ESA: Either
Reasonable and Prudent Alternatives (RPAs) to avert survival jeopardy,
or Reasonable and Prudent Measures (RPMs) to mitigate adverse impact on
the DPSs.
The Council anticipates that some level of action will be necessary
to develop and implement either RPAs or RPMs following completion of
NMFS's Section 7 consultation process. In anticipation of this action,
the Council is soliciting public comment on the types of measures that
may mitigate the take and interaction of Atlantic sturgeon by the NE
multispecies fishery, as well as the positive and negative
environmental effects analysis necessary to evaluate these
alternatives. The Council may elect to develop Atlantic sturgeon-
related measures in conjunction with 2013-2015 catch and management
measures in an EIS. However, if a FONSI can be substantiated, the
action needed to implement Atlantic sturgeon mitigation measures may be
analyzed in an EA. The Council will keep the public apprised of the
level of NEPA analysis being conducted in conjunction with Atlantic
sturgeon-related measures, as development of the overall action occurs.
The timing for development and completion of Atlantic sturgeon-
related mitigation measures is currently uncertain. Completion of the
Section 7 consultation is necessary to determine the magnitude of
impact the NE multispecies fishery has on the continued survival of
Atlantic sturgeon from these DPSs. The consultation is planned to be
completed by September 2012; the associated Biological Opinion will
result in development of an Incidental Take Statement that will
recommend RPAs or RPMs. These may include a process to develop and put
in place mitigation measures by a time certain. The Council anticipates
continued dialog with NMFS and the interested public regarding what
requirements must be satisfied while consultation is ongoing and after
consultation has been completed.
Public Comment
In addition to soliciting comment on this notice, the public will
have the opportunity to comment on the measures and alternatives being
considered by the Council through public meetings and public comment
periods required by NEPA, the Magnuson-Stevens Act, and the
Administrative Procedure Act.
The Council's process for developing ACLs, Atlantic sturgeon-
related mitigation measures and NEPA-required analyses, in this case
presumably one or more EISs, if necessary, will involve development
work and meetings of the Groundfish Plan Development Team, Groundfish
Committee, the SSC, the Recreational and Commercial fishery Advisory
Panels, and the full Council. Information regarding the schedule for
meetings, including agendas and meeting-related documents, involving
these groups can be found on the Council's Web site: http://www.nefmc.org/ or obtained by calling the Council office at (978) 465-
0492.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 15, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-15229 Filed 6-20-12; 8:45 am]
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