[Federal Register Volume 66, Number 53 (Monday, March 19, 2001)]
[Notices]
[Pages 15405-15406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6640]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 [I.D.021201B]


Fisheries of the Gulf of Mexico; Generic Amendment Addressing 
Essential Fish Habitat Requirements of the Fishery Management Plans of 
the Gulf of Mexico

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); request for comments.

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

SUMMARY: NMFS announces the intent of the Gulf of Mexico Fishery 
Management Council (Council) to prepare a SEIS for its Generic 
Amendment Addressing Essential Fish Habitat (EFH) Requirements of the 
Gulf of Mexico (EFH Generic Amendment). The SEIS would evaluate 
alternatives to the designation of EFH and habitat areas of particular 
concern (HAPCs) for the fisheries and fishery resources under the 
Council's jurisdiction. The SEIS also would evaluate the environmental 
impacts associated with such EFH and HAPC designations and with 
measures needed to mitigate impacts related to both fishing and non-
fishing activities. The purpose of this document is to solicit public 
comments on the scope of the issues to be addressed in the SEIS.

DATES: Written comments on the scope of the SEIS must be received on or 
before April 18, 2001.

ADDRESSES: Written comments on the scope of the SEIS and requests for 
additional information on the EFH Generic Amendment should be sent to 
Dr. Richard L. Leard, Deputy Executive Director, Gulf of Mexico Fishery 
Management Council, The Commons at Rivergate, 3018 U.S. Highway 301 
North, Suite 1000, Tampa, Florida 33619-2266; phone: 813-228-2815; fax: 
813-225-7015.

FOR FURTHER INFORMATION CONTACT: Richard Leard, Council staff contact, 
813-228-2815, or Rickey Ruebsamen, NMFS staff contact, 727-570-5317.

SUPPLEMENTARY INFORMATION: In 1998, the Council completed its 
preparation of the EFH Generic Amendment that proposed appropriate 
amendments to all of the Council's fishery management plans (FMPs) for 
the Gulf of Mexico. These FMPs are for the following fisheries or 
fishery resources: Coral reef resources; coastal migratory pelagics; 
red drum; reef fish; shrimp; spiny lobster; and stone crab. After 
conducting Secretarial review of the EFH Generic Amendment, NMFS 
partially approved it in 1999. NMFS published a notice of the agency 
decision on March 18, 1999 (52 FR 13363).
    The Council prepared the EFH Generic Amendment in response to 
provisions of the Magnuson-Stevens Act, as amended by the Sustainable 
Fisheries Act of 1996, and 50 CFR 600.815 (guidelines regarding EFH and 
the contents of FMPs). The EFH Generic Amendment identified and 
described as EFH for species managed under the Council's FMPs as those 
waters and substrate necessary to fish for spawning, breeding, feeding, 
or growth to maturity for species managed under the FMPs. Among other 
factors, the EFH Generic Amendment also identified threats to EFH from 
both fishing and non-fishing activities, evaluated conservation and 
enhancement opportunities, including the possibility of new fishery 
management measures, and specified HAPCs, which are especially 
important, sensitive, threatened, or rare subset areas of EFH.
    NMFS and the Council, following the judicial decision in American 
Oceans Campaign v. Daley (Civil Action No. 99-982), now are proposing 
to prepare a SEIS for the EFH Generic Amendment that will supersede the 
environmental assessment (EA) previously prepared in support of this 
amendment. Since the EFH Generic Amendment amended the Council's FMPs, 
the SEIS would supplement the original final environmental impact 
statement (FEIS) and any subsequent SEIS prepared for each of the 
Council's FMPs. Consistent with the findings of the Court, the SEIS 
would identify and discuss relevant areas of concern, fully consider 
alternatives to the designation of EFH, and analyze the environmental 
impacts of the proposed action(s) and identified alternatives.
    Alternatives that would be considered in the SEIS include, at a 
minimum, no action, the preferred alternative identified in the EFH 
Generic Amendment, and multiple alternatives to the description and 
identification of EFH and HAPCs for the managed fisheries. Action 
alternatives would evaluate, on the basis of the life stages of the 
managed fisheries, the description and identification of both larger 
and smaller EFH/HAPC areas than specified in the EFH Generic Amendment. 
Any adverse effects on EFH and HAPCs caused by fishing activities, as 
described in the SEIS, would form the basis for the identification of 
appropriate alternatives to minimize these effects to the extent 
practicable. These alternatives may include fishing gear restrictions, 
time or area closures, harvest limits, or other appropriate 
conservation practices. Other actions to encourage the conservation and 
enhancement of EFH and HAPCs also would be included.
    The Council prepared the EFH Generic Amendment and associated EA in 
1998 in consultation with NMFS, the National Ocean Service in NOAA, the 
Gulf States Marine Fisheries Commission, fishery agencies of the States 
of Texas, Louisiana, Mississippi, Alabama, and Florida, and 
representatives of a variety of fishing and non-fishing interests 
through the Council's committees and advisory panels. The Council 
conducted eight public hearings in 1998 throughout the southeastern 
U.S. to solicit public input on the draft EFH Generic Amendment and 
draft EA. The Council also provided extensive opportunity for the 
submission of written public comments on the draft EFH Generic 
Amendment and draft EA. Information gathered through these previous 
outreach efforts, as well as future additional public comment, will be 
considered fully in preparing the SEIS.
    On behalf of the Council, NMFS is requesting, by this notice, 
written comments on the scope of issues that should be addressed in the 
SEIS. Also, NMFS invites specific comment on the appropriate extent of 
EFH and HAPCs for Council-managed species and on the scientific basis 
for EFH and HAPC designations. NMFS also solicits any new information 
related to the impacts of fishing and non-fishing activities on EFH and 
HAPCs for fishery resources managed under the Council's FMPs and

[[Page 15406]]

to possible management measures that may mitigate adverse fishing 
impacts.
    To provide additional opportunity for public comment on the issues 
to be considered in the SEIS, the Council intends to conduct public 
scoping meetings. Under the National Environmental Policy Act (NEPA) 
and regulations issued by the Council on Environmental Quality (CEQ) 
for implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508), scoping is an early and open process for determining the scope 
of issues to be addressed by an environmental impact statement and for 
identifying the significant issues related to the proposed action. The 
Council will provide advance notification of the dates, times, and 
places of any scheduled public scoping meetings through publication of 
an appropriate notice in the Federal Register as well as through 
mailings and newspaper notices. Such notifications will also indicate 
the availability of any scoping documents before or at the meetings.
    Once the Council completes the draft SEIS, it will submit the 
document to NMFS for filing with the Environmental Protection Agency 
(EPA). EPA will then publish in the Federal Register a notice of 
availability of the draft SEIS for public comment during a 45-day 
period. The Council intends to conduct public hearings on the draft 
SEIS and will announce pertinent information about these hearings 
through notice in the Federal Register. The public review procedures 
for the draft SEIS will be pursuant to the CEQ regulations (see earlier 
reference) and to NOAA's Administrative Order 216-6 regarding the 
agency's implementation of NEPA.
    Copies of the EFH Generic Amendment may be obtained by contacting 
the Council (see ADDRESSES above).

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

    Dated: March 12, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries National Marine 
Fisheries Service.
[FR Doc. 01-6640 Filed 3-16-01; 8:45 am]
BILLING CODE 3510-22-S