[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Proposed Rules]
[Pages 30396-30398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14258]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 053001D]


Groundfish Fisheries of the Bering Sea and Aleutian Islands Area 
and the Gulf of Alaska, King and Tanner Crab Fisheries in the Bering 
Sea/Aleutian Islands, Scallop and Salmon Fisheries off the Coast of 
Alaska

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 written comments; notice of scoping 
meetings.

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SUMMARY: NMFS announces its intent to prepare an SEIS in accordance 
with the National Environmental Policy Act of 1969 (NEPA) for the 
essential fish habitat (EFH) components of the following fishery 
management plans (FMPs): Groundfish Fishery of the Bering Sea and 
Aleutian Islands Area; Groundfish of the Gulf of Alaska; Bering Sea/
Aleutian Islands King and Tanner Crabs; Scallop Fishery Off Alaska; and 
Salmon Fisheries in the EEZ Off the Coast of Alaska. The proposed 
action to be addressed in the SEIS is the development of the mandatory 
EFH provisions of the FMPs. The scope of the analysis will address the 
required EFH components of the FMPs as described in section 303(a)(7) 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). NMFS will hold public scoping meetings and 
accept written comments to determine the issues of concern and the 
appropriate range of management alternatives to be addressed in the 
SEIS to describe and identify EFH and potential Habitat Area of 
Particular Concern (HAPC) designations, to minimize to the extent 
practicable the adverse effects of fishing on EFH, and to identify 
other actions to encourage the conservation and enhancement of EFH.

DATES: Written comments will be accepted through July 21, 2001. The 
first public scoping meeting will be held on Monday, June 4, 2001, in 
Kodiak, AK. See SUPPLEMENTARY INFORMATION for dates, times, and 
locations of additional public scoping meetings.

ADDRESSES: Written comments should be sent to P. Michael Payne, 
Assistant Regional Administrator, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802. Comments may be sent via facsimile (fax) to (907) 
586-7012. NMFS will not accept comments by e-mail or Internet. See 
SUPPLEMENTARY INFORMATION for dates, times, and locations of public 
scoping meetings.

FOR FURTHER INFORMATION CONTACT: Cindy Hartmann, EFH Coordinator, 
Juneau, AK, (907) 586-7235.

SUPPLEMENTARY INFORMATION: Amendments to the Magnuson-Stevens Act in 
1996 set forth new mandates for NMFS and Regional Fishery Management 
Councils (Regional Councils) to identify and protect important marine 
and anadromous fish habitat. The Regional Councils, with

[[Page 30397]]

assistance from NMFS, were required to delineate EFH for all managed 
species. EFH is defined in the Magnuson-Stevens Act as ``...those 
waters and substrate necessary to fish for spawning, breeding, feeding, 
or growth to maturity.'' In response to the amended Magnuson-Stevens 
Act and based on guidelines for the EFH contents of FMPs (50 CFR part 
600 subpart J), the North Pacific Fishery Management Council (Council) 
completed preparation of the following five EFH FMP amendments in 1998: 
Amendment 55 to the Fishery Management Plan for the Groundfish Fishery 
of the Bering Sea and Aleutian Islands Area; Amendment 55 to the FMP 
for Groundfish of the Gulf of Alaska; Amendment 8 to the FMP for the 
King and Tanner Crab Fisheries in the Bering Sea/Aleutian Islands; 
Amendment 5 to the FMP for Scallop Fisheries Off Alaska; and Amendment 
5 to the FMP for the Salmon Fisheries in the EEZ Off the Coast of 
Alaska (Amendments 55/55/8/5/5). These EFH FMP amendments were reviewed 
and approved by the Secretary of Commerce and took effect on January 
20, 1999 (64 FR 20216). These FMP amendments identified EFH for over 
130 managed species.
    In June 1999, several environmental and fishing groups challenged 
the scope and substance of the environmental assessment (EA) prepared 
for Amendments 55/55/8/5/5 (American Oceans Campaign et al. v. Daley, 
Civ. No. 99-982 (D.D.C.)). On September 14, 2000, the U.S. District 
Court issued an opinion finding the EA insufficient in scope and 
analytical substance and requiring NMFS to prepare an analysis that is 
legally sufficient under NEPA. Therefore, NMFS is re-evaluating the EFH 
components originally developed as part of Amendments 55/55/8/5/5. The 
SEIS will supersede the EA previously prepared in support of Amendments 
55/55/8/5/5.
    The proposed action to be addressed in the SEIS is the development 
of the mandatory EFH provisions of the affected FMPs as described in 
section 303(a)(7) of the Magnuson-Stevens Act and based on the guidance 
in 50 CFR part 600 subpart J. The following three types of actions will 
be specifically analyzed: (1) Identify and describe EFH for managed 
species; (2) identify HAPCs within EFH; and (3) minimize, to the extent 
practicable, adverse effects on EFH caused by fishing. The scope of the 
new SEIS will cover all of the required EFH components of FMPs. NMFS 
will consider the need to revise the previously approved EFH provisions 
of these FMPs based on any available new scientific information, and 
the revised analysis of EFH alternatives.
    The EA prepared for Amendments 55/55/8/5/5 covered all five FMPs. 
For this new NEPA analysis, a single SEIS may be prepared that analyzes 
the required EFH components for all five FMPs or multiple SEISs may be 
prepared that analyze the required EFH components for individual FMPs.

Alternatives

    NMFS will evaluate a range of alternatives for developing mandatory 
EFH provisions for the Council's five FMPs. NMFS is seeking information 
from the public through the scoping process on the range of 
alternatives to be analyzed and on the environmental, social, and 
economic issues to consider in the analysis. Alternatives will be 
developed based on significant issues raised during the scoping 
process.

Alternatives for Designation of EFH

    Alternatives for the designation of EFH may include those 
identified in the EA for Amendments 55/55/8/5/5, plus additional 
alternatives. Alternatives already identified include: (1) No action 
(no designation of EFH); (2) EFH is all habitat within a general 
distribution for a species life stage; and (3) EFH is a subset of all 
habitat within a general distribution, e.g., areas of known 
concentration. Other possible EFH alternatives could include a habitat-
based approach, a core habitat approach (comparable to critical habitat 
for endangered species), and an ecosystem approach that may address 
prey and reproductive associations.

Alternatives for Designation of HAPCs

    HAPCs are subsets of EFH. HAPCs are those areas of special 
importance that may require additional protection from adverse effects. 
HAPCs are defined on the basis of the ecological importance, 
sensitivity to human-induced environmental degradation, stress to the 
habitat from development activities, and rarity of the habitat. 
Amendments 55/55/8/5/5 identified 3 types of habitat as HAPCs (living 
substrates in shallow water, living substrates in deep waters, and 
freshwater areas used by anadromous fish) but did not map or designate 
specific areas as HAPCs. In August 1998, the Council received 6 
proposals concerning HAPCs. The proposals included the following: (1) 
Identifying where living substrate in shallow water and deep water 
occur in the BSAI and GOA; (2) adding seamounts/pinnacles, ice edge, 
shelf break, and biologically consolidated fine-grained sediments as 
types of HAPC; (3) developing a procedure to assess potential adverse 
impacts to HAPCs; (4) nominating Prince William Sound black hole, 
Chirikov Basin, and Kodiak red king crab areas as HAPCs; (5) protecting 
important habitat for C. bairdi crab by establishing a no-fishing zone 
in a specified area of the Bering Sea; and (6) establishing the Kodiak 
red king crab areas as an HAPC. These proposals and/or others may be 
investigated as part of the EFH SEIS.
    An HAPC EA prepared by Council staff in 2000 considered protection 
measures for corals and sponges. Specific areas were proposed for 
protection and stakeholder meetings were held. Currently, no specific 
actions from these meetings are being evaluated. An HAPC alternative to 
protect corals and sponges is possible in the SEIS.

Alternatives for Effects of Fishing on EFH

    The alternatives analysis will identify a range of approaches that 
could be taken to minimize any potential adverse effects of fishing on 
EFH. The range of alternatives may include measures such as banning 
specific gear types, closing areas to fishing, rotational closure 
areas, protected areas or other measures. A no-action alternative will 
be included as an alternative. The range of alternatives will be 
developed based on comments NMFS receives during the scoping process.

Public Involvement

    NMFS will work with the Council throughout the development of the 
SEIS. The Council has formed an EFH Oversight Committee that will help 
keep the Council an integral part of the NEPA process for EFH. Council 
staff will assist in the development of the SEIS. The public will be 
able to provide oral and written comments on EFH at Council meetings.
    A principal objective of the scoping and public involvement process 
is to identify a reasonable range of management alternatives that, with 
adequate analysis, will delineate critical issues and provide a clear 
basis for both distinguishing between those alternatives and selecting 
a preferred alternative. NMFS is seeking 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 possible 
management measures

[[Page 30398]]

designed to mitigate adverse fishing impacts.

Dates and Times for Public Scoping Meetings

    The public is invited to assist NMFS and the Council in developing 
the scope of alternatives to be analyzed. The first public scoping 
meeting will be held on: Monday, June 4, 2001, from 7-9 p.m., at the 
Fishery Industrial Technology Center, 118 Trident Way, Kodiak, AK.
    Additional scoping meetings will be held in other communities as 
follows:
    1. Friday, June 8, 2001, Unalaska, City Hall, Council Chambers, 245 
Raven Way, 4 to 8 p.m., Unalaska, AK;
    2. Monday, June 11, 2001, Anchorage, Z. J. Loussac Library, public 
conference room, level 1, 3600 Denali Street, 2:30 to 6:30 p.m., 
Anchorage, AK;
    3. Tuesday, June 19, 2001, Seattle, Alaska Fisheries Science 
Center, room 2079, 7600 Sand Point Way NE, 1:30 to 5:30 p.m., Seattle, 
WA;
    4. Wednesday, June 20, 2001, Juneau, Federal Building, room 445, 
709 W. 9th Street, 2 to 5:30 p.m. and Centennial Hall Convention 
Center, Egan Room, 101 Egan Drive, 7 to 9 p.m., Juneau, AK; and
    5. Thursday, June 21, 2001, Sitka, Harrigan Centennial Hall, 
Maksoutoff Room, 330 Harbor Drive, 2 to 5:30 and 7 to 9 p.m., Sitka, 
AK.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Cindy Hartmann (see ADDRESSES), 
(907) 586-7585, at least 5 days prior to the meeting date.

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

    Dated: May 31, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-14258 Filed 6-1-01; 4:52 pm]
BILLING CODE 3510-22-S