[Federal Register Volume 67, Number 27 (Friday, February 8, 2002)]
[Proposed Rules]
[Pages 5962-5963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2878]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 010802C]


Fisheries off the West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery

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

ACTION: Notice of availability; request for comments.

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SUMMARY: NMFS has prepared a report that summarizes the results of the 
scoping process to date for a comprehensive environmental impact 
statement (EIS) on Federal management of the Pacific Coast Groundfish 
Fishery. As a result of public comments received during the scoping 
process, NMFS has improved its approach to the EIS through development 
of an enhanced description of the purpose and need for NMFS action, a 
clear identification of significant issues related to the proposed 
action, and a distinction of certain elements of the proposed action 
related to essential fish habitat (EFH) from the broader management 
program for Pacific groundfish. To avoid confusion as a result of this 
distinction, NMFS will prepare two separate EISs. The intent of this 
document is to announce the availability of the scoping summary and to 
describe the rationale for preparing two EISs.

DATES: Written comments will be accepted on or before March 11, 2002.

ADDRESSES: Copies of the scoping report may be obtained during business 
hours at the office of the NMFS Northwest Regional Administrator. The 
scoping report is also available on the NMFS, Northwest Region's 
website at www.nwr.noaa.gov/1sustfsh/groundfish/gf_eis.
    Written comments on the scoping report should be submitted to D. 
Robert Lohn, Northwest Regional Administrator, NMFS, 7600 Sand Point 
Way N.E., Bin C15700, Bldg. 1, Seattle, WA, 98115-0070. Comments also 
may be sent via facsimile (fax) to 206-526-6737. Comments will not be 
accepted if submitted via e-mail or the internet.

FOR FURTHER INFORMATION CONTACT: Steve Copps, Northwest Region, NMFS, 
206-526-6187; fax: 206-526-6426 and e-mail: [email protected] or Jim 
Glock, Northwest Region, NMFS, 503-231-2178; fax: 503-872-2737 and e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This notice of availability is also accessible via the internet at 
the Office of the Federal Register website at
    www.access.gpo.gov/su_docs/aces/aces140.html.

Background

    NMFS has concluded the initial scoping process for an EIS on the 
Federal management of the Pacific Coast Groundfish Fishery and has 
published a summary report. Scoping was initiated on April 10, 2001, 
through publication of a Notice of Intent (66 FR 18586). The report was 
initially published on the NMFS, Northwest Region website in August, 
2001, to provide a summary of all comments received and key issues 
identified during the scoping process. In contemplation of these 
comments and issues, NMFS has taken advantage of the scoping process to 
clarify the purpose and need for Federal action and to revise the scope 
of analysis. This clarification will result in the preparation of two 
separate EISs. One EIS will be a broad analysis of the Federal 
management program, and the other will be specific to the designation 
of EFH and associated management measures, including measures to reduce 
effects of fishing on EFH. NMFS believes this separation will improve 
public understanding and participation in the National Environmental 
Policy Act (NEPA) process, make each EIS more useful in future 
management decisions, and, more clearly, distinguish between 
programmatic and specific EFH issues. NMFS' goals in preparing these 
EISs are as follows:

[[Page 5963]]

Programmatic EIS

    NMFS is proposing to continue authorization and management of the 
Pacific Coast Groundfish Fishery pursuant to the Pacific Coast 
Groundfish Fishery Management Plan (FMP). In order to ensure this 
action complies with the requirements of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and other legal 
requirements, NMFS has initiated an EIS on the FMP.
    The Pacific Fishery Management Council (Council) prepared the 
original FMP and EIS in the late 1970s, and NMFS implemented the FMP in 
1982. Since then, the Council has amended the FMP 13 times in response 
to development of the commercial and recreational groundfish fisheries, 
changes in the groundfish resources, and amendments to the Magnuson-
Stevens Act. NMFS has initiated this EIS to update the original EIS to 
reflect changes in the fishery and to evaluate the impacts of the 
Federal groundfish management program on the human environment, 
including the marine fish resources, the physical ocean environment and 
ecosystem, and human society.
    Additional long-term direction for the fishery was provided in 
October 2000 when the Council adopted the Groundfish Fishery Strategic 
Plan - ``Transition to Sustainability.'' The Strategic Plan recommends 
significant changes in the management and structure of the groundfish 
fishery.
    The EIS will be a broad analysis of the entire management program, 
including alternative management strategies not currently in place. As 
a ``programmatic'' EIS, it will analyze the impacts of alternative 
management policies and regulations on the human environment. NMFS 
envisions that future FMP amendments and regulations will address 
discrete issues and that subsequent analyses will be of narrower scope. 
Those action-specific FMP or regulatory amendments will tier off this 
programmatic EIS as defined by the Council on Environmental Quality (40 
CFR 1508.25).

EFH EIS

    NMFS is proposing to amend the FMP to comply with section 303(a)(7) 
of the Magnuson-Stevens Act. More specifically, the purpose is to 
identify and describe EFH for each managed species, to identify habitat 
areas of particular concern (HAPCs) within EFH, if appropriate, and to 
minimize, to the extent practicable, adverse effects on EFH caused by 
fishing. These actions are being undertaken to ensure the conservation 
and enhancement of EFH as required under the Magnuson-Stevens Act and 
to comply with an order by the U.S. District Court for the District of 
Columbia.
    Pursuant to the Magnuson-Stevens Act and the EFH regulations (50 
CFR part 600, subpart J), the eight Fishery Management Councils 
submitted fishery management plan amendments and associated 
environmental assessments (EAs), as required under NEPA, to NMFS for 
Secretarial review. NMFS approved or partially approved all the EFH 
fishery management plan amendments in accordance with section 304(a) of 
the Magnuson-Stevens Act. Subsequently, a coalition of seven 
environmental groups and two fishermen's associations brought suit 
challenging NMFS' approval of certain EFH amendments prepared by the 
Gulf of Mexico, Caribbean, New England, North Pacific, and Pacific 
Fishery Management Councils (American Oceans Campaign et al v. Daley et 
al, Civil Action No. 99-982(GK)). The suit specifically contested the 
adequacy of the evaluations of fishing gear impacts on EFH in the 
fishery management plan amendments and the analyses of environmental 
impacts in the EAs.
    The U.S. District Court for the District of Columbia found that the 
agency's decisions on the subject EFH amendments were in accordance 
with the Magnuson-Stevens Act, but found that the EAs for the Councils' 
amendments were inadequate and in violation of NEPA. The Court 
determined that the EAs prepared for the EFH provisions of the fishery 
management plans did not fully consider all relevant alternatives. The 
Court specifically criticized several of the EAs for evaluating only 
two options for the EFH amendments: either the approval of the 
amendment or the status quo. Additionally, the decision noted that the 
descriptions and analyses of the environmental impacts of the proposed 
actions and alternatives were vague or not fully explained. The Court 
ordered NMFS to complete a new and thorough NEPA analysis for each EFH 
amendment named in the suit. This EIS responds to the Court's directive 
to NMFS to complete new NEPA analyses for Amendment 11 to the Pacific 
Coast Groundfish FMP.

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

    Dated: January 31, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-2878 Filed 2-7-02; 8:45 am]
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