[Federal Register Volume 66, Number 94 (Tuesday, May 15, 2001)]
[Proposed Rules]
[Pages 26828-26829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12218]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 050901A]


Groundfish Fisheries of the Bering Sea and Aleutian Islands Area 
and the Gulf of Alaska

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

ACTION: Notice of intent; scoping process; request for comments.

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SUMMARY: NMFS announces its intent to prepare a supplemental 
environmental impact statement (SEIS) to modify certain fishery 
management measures governing the Federally managed groundfish 
fisheries that are conducted in the Bering Sea and Aleutian Islands 
Area (BSAI) and the Gulf of Alaska (GOA) to protect the endangered 
Steller sea lion population.
    The scoping process is occurring in parallel with meetings of the 
North Pacific Fishery Management Council (Council) and the Council's 
Reasonable and Prudent Alternative Committee. In addition to collecting 
scoping information at these meetings, NMFS is accepting written 
comments on the issues, alternatives, and impacts that should be 
considered in this analysis.

[[Page 26829]]


DATES: Written comments will be accepted through June 22, 2001. See 
SUPPLEMENTARY INFORMATION for meeting times and special accommodations.

ADDRESSES: Written comments and requests to be included on a mailing 
list of persons interested in the SEIS should be sent to Lori Gravel, 
Records Management Office, National Marine Fisheries Service, P.O. Box 
21668, Juneau, AK 99802, or fax to (907) 586-7557. See SUPPLEMENTARY 
INFORMATION for meeting locations and special accommodations.

FOR FURTHER INFORMATION CONTACT: Tamra Faris, NMFS, P.O. Box 21668, 
Juneau, AK 99802, phone number (907) 586-7645, or [email protected].

SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the United 
States has exclusive fishery management authority over all fishery 
resources found within the U.S. exclusive economic zone (EEZ). The 
management of these fishery resources is vested in the Secretary of 
Commerce and in regional Fishery Management Councils. The North Pacific 
Fishery Management Council (Council) has the responsibility to prepare 
fishery management plans for those marine resources off Alaska, which 
it finds require conservation and management.
    Management of the Federal groundfish fishery located off Alaska in 
the EEZ is carried out under the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area and the 
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs). 
These FMPs, their amendments, and implementing regulations (found at 50 
CFR part 679) are developed in accordance with the requirements of the 
Magnuson-Stevens Act. When implementing these FMPs, their amendments, 
and regulations, FMPs must also comply with other applicable Federal 
laws and executive orders, notably the National Environmental Policy 
Act (NEPA), the Endangered Species Act (ESA), the Marine Mammal 
Protection Act, Executive Order 12866, and the Regulatory Flexibility 
Act.
    In accordance with section 7 of the ESA, NMFS issued on November 
30, 2000, a comprehensive Biological Opinion on both groundfish FMPs. 
The Biological Opinion determined that the BSAI and GOA walleye 
pollock, Pacific cod, and Atka mackerel fisheries as prosecuted under 
the FMPs and implementing regulations jeopardized a listed species, the 
western population of Steller sea lions, and that the FMPs adversely 
modified designated critical habitat of Steller sea lions due to 
competition for prey and modification of their prey field. The 
Biological Opinion included a Reasonable and Prudent Alternative (RPA) 
designed to mitigate the adverse effects of the FMPs and regulations. 
The November 30, 2000, RPA contains various protective measures such as 
total allowable catch reductions, critical habitat harvest limits, 
closure areas and an experimental monitoring program.
    On December 21, 2000, Public Law 106-554 (Pub. L. 106-554) was 
signed by the President. Among other things, this law established a 
one-year phase in for implementing the November 30, 2000, RPA as well 
as provisions affecting its implementation in 2001. For 2002, Pub. L. 
105-554 at section 209 (c)(2) states that the November 30, 2000, RPA 
will become fully effective on January 1, 2002, as revised if necessary 
and appropriate based on independent scientific review and other new 
information. As a result of this provision, the Council is developing 
alternatives to the November 30, 2000, RPA. NMFS has determined that 
changes to the FMPs and their implementing regulations to protect 
Steller sea lions may be controversial and could result in significant 
impacts on the human environment. Therefore, NMFS has decided that the 
decision making process should be informed through preparation of an 
SEIS.

Scoping Process

    NMFS is seeking information from the public through the scoping 
process on the range of alternatives to be analyzed as well as 
environmental and economic issues to consider in the analysis. The 
scoping process for this SEIS consists of written comments received by 
NMFS in response to this Notice of Intent as well as public comments 
received at the Council and Council committee meetings described below. 
NMFS plans to issue a draft SEIS in August 2001 and a final SEIS in 
November 2001.

Alternatives

    The alternatives currently under consideration for analysis in the 
SEIS include:
    1. Alternative A. No Action. Regulatory measures implemented by 
emergency rule, and designed to protect Steller sea lions, would 
expire. Although this is not currently a viable alternative, as it is 
non-compliant with the ESA and P.L. 106-554, it is being analyzed 
because it is the no action alternative and will be useful for 
comparative purposes.
    2. Alternative B. Implement the suite of Steller sea lion 
protection measures that were in place for the year 2000 pollock and 
Atka mackerel fisheries, and implement measures for the Pacific cod 
fishery that include seasonal apportionments and harvest limits within 
critical habitat.
    3. Alternative C. Implement the measures detailed in Alternative B, 
and prohibit all trawling for groundfish within critical habitat (as 
was the case under the Court ordered injunction on the groundfish 
fisheries that began in August 2000).
    4. Alternative D. Implement the November 30, 2000, RPA in its 
entirety.
    5. Alternative E. Implement the RPA currently being developed by 
the Council and its Committees.

Public Meetings

    Public comments on the scope of the analysis, the alternatives 
under consideration, and issues to be analyzed may be made at the 
following meetings and will be considered in preparation of the SEIS. 
The Council will be meeting in Kodiak, Alaska, on June 6 through11, 
2001, at the Westmark Hotel, 236 West Rezanof Drive, Kodiak, AK. 
Steller sea lion fishery management measures will be discussed by the 
Council, the Council's Advisory Panel, and the Council's Scientific and 
Statistical Committee under item C-1 of the agenda. The Council's 
Steller Sea Lion RPA Committee will be meeting in Seattle, WA, on May 
21 through 24, 2001, at the NMFS Alaska Fishery Science Center, 
Building 4 Room 2039, 7600 Sand Point Way NE, Seattle, WA.

Special Accommodations

    The meetings are physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Helen Allen (907) 271-2809 at least 5 days before 
the meeting dates.

    Dated: May 9, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-12218 Filed 5-14-01; 8:45 am]
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