[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Proposed Rules]
[Pages 18576-18577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9203]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 040302B]


Pacific Fishery Management Council; Notice of Intent

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

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS); request for written comments.

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SUMMARY: NMFS and the Pacific Fishery Management Council (Council) 
announce their intent to prepare an EIS in accordance with the National 
Environmental Policy Act of 1969 (NEPA) for Amendment 16 to the Pacific 
Coast Groundfish Fishery Management Plan (FMP). This amendment will 
incorporate rebuilding plans for groundfish species that have been 
declared overfished by the Secretary of Commerce (Secretary) pursuant 
to the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). The amendment will also establish procedures 
for periodic review and revision of rebuilding plans. The Council has 
already held public scoping meetings and will continue to accept 
written comments to determine the issues of concern and the appropriate 
range of management alternatives to be addressed in the EIS.

DATES: Written comments will be accepted on or before May 31, 2002.

ADDRESSES: Send comments on issues and alternatives for the EIS to John 
DeVore, Pacific Fishery Management Council, 7700 NE Ambassador Pl., 
Suite 200, Portland, OR 97220 or Becky Renko, NMFS, Northwest Region, 
7600 Sand Point Way NE, BIN C15700, Bldg. 1, Seattle, WA 98115-0070. 
Comments also may be sent via facsimile (fax) to the Council at 503-
326-6831. Comments will not be accepted if submitted via e-mail or 
Internet.

FOR FURTHER INFORMATION CONTACT: John Devore, phone: 503-326-6352; fax: 
503-326-6831 and e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Act, the United 
States has management authority over all living marine resources within 
the exclusive economic zone (EEZ), which extends from three to 200 
nautical miles offshore. The Council develops FMPs and FMP amendments 
governing fisheries off the coasts of California, Oregon and Washington 
for approval and implementation by the Secretary of Commerce.
    The Council implemented the original Groundfish FMP in 1982. 
Groundfish stocks are harvested in numerous commercial, recreational, 
and tribal fisheries in state and Federal waters off the West Coast. 
Groundfish are also harvested incidentally in non-groundfish fisheries, 
most notably fisheries for pink shrimp, spot and ridgeback prawns, 
California halibut, and sea cucumbers.
    The FMP manages 82 species, of which eight have been declared 
overfished by the Secretary pursuant to the Magnuson-Stevens Act and 
overfishing criteria adopted by the Council under Amendment 11 to the 
FMP. Under Section 304(e)(3) of the Magnuson-Stevens Act (16 U.S.C. 
1854(e)(3)), the Council is required, within one year, to prepare an 
FMP, FMP amendment, or proposed regulations to rebuild any species that 
has been declared overfished. In 2000, after three species had been 
declared overfished, NMFS approved Amendment 12 to the Groundfish FMP. 
Amendment 12 provided that rebuilding plans would be developed 
according to so-called ``framework procedures'' under the Groundfish 
FMP, but would not be incorporated directly into the FMP itself. 
Amendment 12 was subsequently deemed inconsistent with the Magnuson-
Stevens Act in the case of Natural Resources Defense Council v. Evans, 
168 F. Supp.2d 1149 (N.D. Calif. 2001), in that the rebuilding plans 
were not made part of the FMP. The court also found that the 
environmental assessment prepared for Amendment 12 was deficient under 
NEPA for failure to adequately discuss appropriate alternatives.
    Amendment 16 to the FMP, which is now in development, is intended 
to comply with the Court's directive to include rebuilding plans in the 
FMP, and also to provide for rebuilding of additional species that have 
been declared overfished. Specifically, rebuilding plans for five of 
the eight overfished stocks (lingcod, cowcod, Pacific ocean perch 
(POP), widow rockfish, and darkblotched rockfish) will be incorporated 
into the FMP through Amendment 16. Three additional rebuilding plans 
(for bocaccio, canary rockfish and yelloweye rockfish) are pending the 
completion of new stock assessments and rebuilding analyses, and will 
be adopted in subsequent plan amendments.
    Initially, NMFS intended to prepare an environmental assessment 
(EA) for Amendment 16. An EA is used to determine whether the proposed 
action (in this case adopting rebuilding plans and procedures) will 
have a significant impact on the human environment, as defined by NEPA 
and its implementing regulations. If a significant impact is 
anticipated to occur, an EIS must be prepared. During public scoping 
for the EA, it became apparent that the proposed action may cause 
significant impacts, so NMFS decided to proceed with an EIS rather than 
an EA.

Alternatives

    As currently planned, the Amendment 16 EIS will evaluate the 
effects of two sets of alternatives that might be adopted under 
Amendment 16. The first set of alternatives will address the effects of 
different procedures that might be followed for revising rebuilding 
plans. This could include a variety of strategies based on the results 
of the biennial reviews of rebuilding plans required by section 
304(e)(7) of the Magnuson-Stevens Act at 16 U.S.C. 1854(e)(7). The 
second set of

[[Page 18577]]

alternatives will analyze effects of different rebuilding parameters. 
These parameters include the target rebuilding period, the fishing 
mortality management strategy (e.g., constant catch versus constant 
fishing mortality rate) and rates associated with the strategy, and 
levels of probability or risk that rebuilding targets will be achieved.

Scoping

    Public involvement in the scoping of issues and alternatives is an 
important part of the EIS process. Meetings of the Council have been 
and will continue to be the principal opportunities for public 
participation in scoping Amendment 16 alternatives and issues. Scoping 
began in March 1999 when lingcod and POP were the first groundfish 
species to be declared overfished. Since that time there has been 
substantial opportunity for public input at 11 Council meetings. Since 
the proposed action has already been subject to a lengthy development 
process that has included early and meaningful opportunity for public 
participation, no additional public hearings are planned. However, 
written comments on the scope of issues and alternatives may be 
submitted as described under ADDRESSES.

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

    Dated: April 9, 2002.
Jack H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-9203 Filed 4-15-02; 8:45 am]
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