[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Proposed Rules]
[Pages 59358-59359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26075]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 101003E]


Fisheries off the West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Intent to Prepare an Environmental 
Impact Statement for Fishing Conducted Under the Pacific Coast 
Groundfish Fishery Management Plan

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

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

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SUMMARY: NMFS, in cooperation with the Pacific Fishery Management 
Council (Council), announces its intention to prepare an EIS in 
accordance with the National Environmental Policy Act (NEPA) to assess 
the impacts of the 2005-2006 Pacific Coast groundfish fishery 
specifications and management measures on the human environment.

DATES: A public scoping meeting for the 2005-2006 Pacific Coast 
groundfish fishery specifications and management measures EIS is 
scheduled for Sunday, November 2, 2003, from 1 p.m. to 3 p.m. in 
conjunction with the Council's November 3-7, 2003, meeting (see 
SUPPLEMENTARY INFORMATION). Written comments will be accepted at the 
Council office through November 14, 2003. After this date, a scoping 
responsiveness summary document summarizing the public's issues and 
alternatives to be evaluated in the EIS, will be drafted and made 
available on the Council's website (www.pcouncil.org) or by request 
from the address below.

ADDRESSES: Written comments on suggested alternatives and potential 
impacts should be sent to Dr. Donald McIsaac, Executive Director, 
Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 
200, Portland, OR 97220-1384. Comments may also be sent via facsimile 
(fax) to 503-820-2299 or via e-mail ([email protected] and write 
``2005-2006 groundfish specifications EIS'' in subject line).

FOR FURTHER INFORMATION CONTACT: Mr. John DeVore, Groundfish Fishery 
Management Coordinator; phone: 503-820-2280 and e-mail: 
[email protected] or Matthew Harrington, NMFS Northwest Region NEPA 
Coordinator; phone: 206-526-4742 and email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background and Need For Agency Action

    There are more than 80 species managed under the Pacific Coast 
Groundfish Fishery Management Plan (Groundfish FMP), nine of which have 
been declared overfished. The groundfish stocks support an array of 
commercial, recreational, and Indian tribal fishing interests in state 
and Federal waters off the coasts of Washington, Oregon, and 
California. In addition, groundfish are also harvested incidentally in 
nongroundfish fisheries, most notably, the trawl fisheries for pink 
shrimp, spot/ridgeback prawns, California halibut, and sea cucumber.
    The proposed action is needed to establish commercial and 
recreational harvests levels in 2005-2006 that will ensure groundfish 
stocks are maintained at, or restored to, sizes and structures that 
will produce the highest net benefit to the nation, while balancing 
environmental and social values.

The Proposed Action

    The proposed action is to implement management measures consistent 
with the requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) that constrain total fishing 
mortality during 2005-2006 within limits that maintain fish stocks at, 
or rebuild them to, a level capable of producing maximum sustained 
yield , or to a stock size less than this if such stock size results in 
long-term net benefit to the nation.
    These fishing mortality limits are harvest specifications that 
include acceptable biological catches (ABCs) and optimum yields (OYs) 
for groundfish species or species groups in need of particular 
protection; OYs may be represented by harvest guidelines or quotas for 
species that need individual management. Separate sets of ABCs and OYs 
will be specified for 2005 and 2006 as part of the multi-year 
management cycle for groundfish. The allocation of commercial OYs 
between the open access and limited entry segments of the fishery is 
also part of the proposed action.
    Beginning with the 2005-2006 fishing years, the FMP, as amended by 
Amendment 17, requires that the groundfish specifications be evaluated 
and revised as necessary every two years, with separate ABCs and OYs 
established for each of the two years in the biennial period. 
Management measures designed to achieve the OYs will be established for 
each year and, as in the past, may vary from period to period within 
any one year. These specifications and management measures will be 
published in the Federal Register and made effective by January 1 of 
the first fishing year in the biennium. The Magnuson-Stevens Act and 
the groundfish FMP also require that NMFS implement actions to prevent 
overfishing and to rebuild overfished stocks. These specifications 
include fish caught in state ocean waters (zero to three nautical miles 
[nm] offshore) as well as fish caught in the U.S. exclusive economic 
zone (3 to 200 nm offshore).

Alternatives

    NEPA requires that agencies evaluate reasonable alternatives to the 
proposed action in an EIS. The purpose and need for agency action 
determines the range of reasonable alternatives. A preliminary set of 
alternatives will be developed during the November 3-7, 2003, Council 
meeting. Alternatives will be structured around a range of ABCs/OYs for 
assessed groundfish species. This range of ABCs/OYs is based on stock 
assessments, including new assessments for cabezon and lingcod 
completed since 2004 harvest specifications were finalized at the 
Council's September 2003 meeting. (Seven additional assessments, and 
rebuilding analyses for overfished species based on these assessments, 
were completed in 2003 and used to establish 2004 harvest 
specifications. Since the most recent approved assessment is used to 
identify ABCs and OYs for an assessed stock, these recent assessments 
will also contribute to the 2005-2006 specifications process).
    For some species, ABC/OY ranges that would be used to develop 
alternatives may be based on consultations by the Council with state 
and Federal agencies, Indian tribes, and the affected public on

[[Page 59359]]

the allocation of harvest opportunity between sectors. Allocation 
decisions can affect OYs because different sectors may catch fish of 
different ages, allowing different sustainable harvest levels.
    For each set of ABCs/OYs used in a given alternative, a set of 
management measures will be identified that will constrain total 
harvest mortality (across all fisheries intercepting groundfish). 
Restrictive management measures intended to rebuild overfished species 
have been adopted and implemented over the past several years for most 
commercial and recreational fishing sectors. Management measures 
intended to control the rate at which different groundfish species or 
species groups are taken in the fisheries include trip limits, bag 
limits, size limits, time/area closures, and gear restrictions. Large 
area closures, called Groundfish Conservation Areas (GCAs), intended to 
reduce bycatch of overfished species, were first implemented in late 
2002. These closed areas will continue to be a key feature of 
alternatives considered in the EIS to manage groundfish fisheries in 
2005-2006. A second important type of measure used to manage groundfish 
is the cumulative landing limit. These restrict the total weight of 
fish by species or species group that any one vessel may land during 
the limit period, which is normally two months. Different cumulative 
landing limits are established for areas north and south of 40[deg]10' 
N. lat. (near Cape Mendocino, CA) and for limited entry trawl, limited 
entry fixed gear, and open access fishery participants.

Preliminary Identification of Environmental Issues

    A principal objective of the scoping and public input process is to 
identify potentially significant impacts to the human environment that 
should be analyzed in depth in the EIS. The EIS evaluates a range of 
feasible alternatives (described above) to determine their likely 
impacts on the human environment and identify significant impacts. 
Council and NMFS staff conducted initial screening to identify the 
potentially significant impacts of the range of alternatives that will 
be developed. Issues considered in the EIS for 2004 harvest 
specifications, currently in preparation, are likely to be relevant to 
the EIS for 2005-2006 harvest specifications. (These include the 
effects of fishing on essential fish habitat, protected species listed 
under the Endangered Species Act and Marine Mammal Protection Act, the 
sustainability of overfished and non-overfished groundfish stocks, and 
socioeconomic impacts to individuals and communities involved in the 
use of groundfish resources). The transition from annually specifying 
harvest levels and management measures to this 2-year management cycle 
may also raise issues that will be considered in the EIS.

Public Scoping Process

    A public scoping meeting is scheduled for Sunday, November 2, 2003 
from 1 p.m. to 3 p.m. This scoping session will coincide with the 
Council meeting and will occur at the same location, the Hilton San 
Diego/Del Mar, 15575 Jimmy Durante Blvd., Del Mar, California 92014-
1901 (858-792-5200). The primary purpose of the scoping meeting is to 
focus the analysis on the real issues and concerns of the public (see 
40 CFR 1500.5(d) and 40 CFR 1501.7). Public comment also may be made 
during the November Council meeting (November 3-7), under the agendum 
when the Council will consider the proposed action. The agenda for this 
meeting will be available from the Council website or by request from 
Council offices in advance of the meeting (see ADDRESSES). The agenda 
will also identify the room in which the Sunday scoping meeting will 
occur. Written comments on the scope of issues and alternatives may be 
submitted as described under ADDRESSES.
    NMFS invites comments and suggestions on the scope of the analysis 
to be included in the draft environmental impact statement (DEIS). The 
scope includes the range of alternatives to be considered and 
potentially significant impacts to the human environment that should be 
evaluated in the DEIS. In addition, NMFS is notifying the public that, 
in conjunction with the Council, it is beginning a full environmental 
analysis and decision-making process for this proposal, so interested 
or affected people may know how they can participate in the 
environmental analysis and contribute to the final decision.
    A DEIS will be prepared for comment later on in the process. The 
comment period on the DEIS will be 45 days from the date the 
Environmental Protection Agency's notice of availability appears in the 
Federal Register. It is very important that those interested in this 
proposed action participate at that time. To be the most helpful, 
comments on the DEIS should be as specific as possible and may address 
the adequacy of the statement or merits of the alternatives discussed. 
It is also helpful if comments refer to specific pages or chapters of 
the DEIS. Comments may also address the adequacy of the DEIS or the 
merits of the alternatives formulated and discussed in the DEIS. 
(Reviewers may wish to refer to the Council on Environmental Quality 
Regulations for implementing the procedural provisions of NEPA CFR 
1503.3 in addressing these points). Comments received, including the 
names and addresses of those who comment, will be considered part of 
the public record on this proposal and will be available for public 
inspection.

Special Accommodations

    These meetings are accessible to people with physical disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Carolyn Porter 503-820-2280 (voice) or 503-820-
2299 (fax), at least 5 days prior to the scheduled meeting date.

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

    Dated: October 8, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-26075 Filed 10-14-03; 8:45 am]
BILLING CODE 3510-22-S