[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Proposed Rules]
[Pages 44753-44754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18144]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 070500C]


Atlantic Highly Migratory Species (HMS) Fisheries; Bycatch 
Reduction

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

ACTION: Notice of intent to prepare a Supplemental Environmental Impact 
Statement (SEIS); notice of availability of Biological Opinion; 
announcement of scoping meetings.

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SUMMARY: NMFS announces its intent to prepare an SEIS to address 
requirements of the Biological Opinion dated June 30, 2000, that was 
issued pursuant to a formal consultation under section 7 of the 
Endangered Species Act (ESA); and, relative to fishing activities for 
Atlantic HMS, to assess the impacts of potential management options on 
the natural and human environment. The purpose of this notice is to 
inform the interested public of the intent to prepare the SEIS; 
announce the availability of, and provide information on, the 
Biological Opinion; announce that NMFS is considering regulatory and 
non-regulatory measures to address the requirements of the Biological 
Opinion for the Atlantic HMS fisheries for the current fishing year and 
for the long-term; and announce public scoping meetings on issues and 
management options that NMFS should consider in addressing the 
requirements of the Biological Opinion and in preparing the SEIS.

DATES: Public scoping meetings will take place in July and August, 
2000. See SUPPLEMENTARY INFORMATION for dates and times of the scoping 
meetings. Additional scoping meetings may be scheduled at a later date 
and will be announced in the Federal Register.

ADDRESSES: Comments on the proposal to prepare the SEIS and suggestions 
for the times and locations of additional scoping meetings should be 
sent to: Rebecca Lent, Chief, Highly Migratory Species Management 
Division (F/SF1), Office of Sustainable Fisheries, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910. See SUPPLEMENTARY INFORMATION for the 
locations of the scoping meetings.

FOR FURTHER INFORMATION CONTACT: Margo Schulze-Haugen or Karyl 
Brewster-Geisz, 301-713-2347; fax 301-713-1917.

SUPPLEMENTARY INFORMATION:

Background

    The Atlantic HMS fisheries are managed under the Fishery Management 
Plan for Atlantic Tunas, Swordfish, and Sharks (HMS FMP), Amendment 1 
to the Atlantic Billfish Fishery Management Plan, and their 
implementing regulations found at 50 CFR part 635. The Atlantic shark 
regulations are issued under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson Stevens Act)(16 U.S.C. 1801 
et seq.). The Atlantic tunas, swordfish, and billfish fisheries are 
managed under the authority of the Magnuson-Stevens Act (16 U.S.C. 1801 
et seq.) and the Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971 et 
seq.).

Biological Opinion Requirements

    In 1999, the Atlantic pelagic longline fishery exceeded its 
authorized take of loggerhead sea turtles as set out in the Incidental 
Take Statement previously issued with the April 23, 1999, Biological 
Opinion. As required under the ESA, NMFS requested, on November 19, 
1999, a re-initiation of consultation under Section 7 of the ESA. On 
June 30, 2000, NMFS issued a new Biological Opinion that concluded the 
operation of the Atlantic pelagic longline fishery is likely to 
jeopardize the continued existence of the leatherback and loggerhead 
sea turtles.
    In order to eliminate the threat of jeopardy, NMFS must address the 
level of sea turtle takes in the pelagic longline fishery. The 
Biological Opinion provides a framework for development of reasonable 
and prudent alternatives (RPAs) designed to remove the threat of 
jeopardy by reducing the number of loggerhead and leatherback sea 
turtles that are incidentally captured, injured, and killed by pelagic 
longline gear. The Biological Opinion provides two RPAs that, if 
implemented, would avoid the jeopardy finding. However, any combination 
of management measures, regulatory and/or non-regulatory, that have the 
effect of reducing the number of loggerhead and leatherback turtles 
that are incidentally captured, injured, and killed by pelagic longline 
gear by 75 percent will meet the requirements of the Biological 
Opinion. These combinations could include monitoring requirements, gear 
and/or fishing method modifications, and time/area closures. During the 
scoping period, NMFS plans to meet with fishery participants, 
particularly pelagic longline vessel operators who fish the northeast 
distant water statistical area (Grand Banks), to determine which 
combination of measures will reduce turtle takes to the required level 
while mitigating impacts to the industry.
    The Biological Opinion also identified required reasonable and 
prudent measures (RPMs) and terms of conditions (T&Cs) for all HMS 
fisheries as part of the revised Incidental Take Statement. For 
example, education and outreach, monitoring requirements, and sea 
turtle resuscitation requirements were identified for several HMS 
fisheries. NMFS will work with fishery constituents to implement these 
required provisions of the Incidental Take Statement.

Management Measures Under Consideration

    Because of the findings of the Biological Opinion, participants in 
the HMS fisheries may be required to operate under alternative 
management measures that may redistribute fishing effort and alter 
current fishing methods in order to avoid jeopardizing protected 
species. NMFS will consider regulatory and non-regulatory measures for 
managing the Atlantic tunas, swordfish, sharks, and billfish fisheries 
consistent with the requirements of the ESA. These measures will 
address the RPAs, RPMs, and T&Cs identified in the June 30, 2000, 
Biological Opinion, and may implement time/area closures, gear 
restrictions, crew training, monitoring and reporting requirements.

Scoping Meetings

    Scoping for the SEIS will be held in consultation with the HMS and 
Billfish Advisory Panels. Public scoping meetings will be scheduled at 
times and locations convenient for affected parties. The following 
scoping meetings have been scheduled:

Monday, July 31, 2000--Silver Spring, MD, 1-3:30 p.m.

    NMFS, SSMC2, 1325 East-West Highway, Room 2358, Silver Spring, MD 
20910.

Tuesday, August 1, 2000--Barnegat Light, NJ, 7-9:30 p.m.

    Barnegat Light Firehouse, Barnegat, NJ 08006.

[[Page 44754]]

Wednesday, August 2, 2000--Fairhaven, MA, 7-9:30 p.m.

    The Seaport Inn (Holiday Inn), 110 Middle Street, Fairhaven, MA 
02719.

Thursday, August 3, 2000--Islandia, NY, 7-9:30 p.m.

    Islandia Marriott, 3635 Express Drive North, Islandia, NY 11749

Friday, August 4, 2000--Gloucester, MA, 1-3:30 p.m.

    NMFS Northeast Regional Office, One Blackburn Drive, Gloucester, MA 
01930.
    Interested parties should contact Rebecca Lent (see ADDRESSES) 
regarding suggested times and locations for additional scoping 
meetings.

Special Accommodations

    These meetings will be physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Margo Schulze-Haugen at (301) 713-
2347 at least 5 days prior to the hearing date.

Timing of the Analysis and Tentative Schedule

    Input on the issues to be addressed in preparing the SEIS and 
potential options for reducing take of protected species in the 
Atlantic HMS fisheries will be accepted and discussed at the scoping 
meetings. Given the jeopardy opinion, NMFS must take prompt action to 
reduce interactions with loggerhead and leatherback sea turtles. 
Therefore, NMFS is considering issuing regulations under the emergency 
provisions of the Magnuson-Stevens Act on an interim basis. In 
particular, immediate action may be required for the pelagic longline 
fishery operating on the Grand Banks, an area of high turtle takes 
during the summer and early fall. These emergency regulations would 
serve to implement provisional take reduction measures until a more 
comprehensive approach can be developed under the framework procedures 
of the HMS FMP, in conjunction with the SEIS. NMFS requests input from 
vessel captains on both the short term and long term solutions for 
reducing turtle interactions.

    Dated: July 13, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-18144 Filed 7-13-00; 4:10 pm]
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