[Federal Register Volume 68, Number 201 (Friday, October 17, 2003)]
[Proposed Rules]
[Pages 59771-59772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26295]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 101003B]


Pelagic Fisheries Managed Under the Fishery Management Plan, 
Pelagic Fisheries of the Western Pacific Region

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); notice of scoping meetings; request for written 
comments.

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SUMMARY: The NMFS and the Western Pacific Fishery Management Council, 
(Council), announce their intent to prepare an SEIS in accordance with 
the National Environmental Policy Act of 1969 (NEPA) on the Federal 
management of pelagic fishery resources in the waters of the United 
States exclusive economic zone, (EEZ), around the State of Hawaii, the 
territories of American Samoa and Guam, the Commonwealth of the 
Northern Mariana Islands (CNMI) and several western Pacific remote 
islands and atolls under direct Federal jurisdiction.
    The NMFS will convene public scoping meetings to solicit comments 
on pelagic fishery issues and potential management options related to 
those issues. The scope of the EIS analysis will include, among other 
things, interactions of fisheries managed under the Fishery Management 
Plan for Pelagic Fisheries of the Western Pacific Region (Pelagics 
FMP).
    The scoping meetings will provide for public input on the issues, 
range of alternatives, and impacts the SEIS should consider. Written 
comments will also be accepted concerning the various management 
options the SEIS should consider.

DATES: See SUPPLEMENTARY INFORMATION for specific dates, times, and 
locations of the meetings.

ADDRESSES: Written comments on the issues, priorities, range of 
alternatives, and impacts that should be discussed in the SEIS may be 
sent to Sam Pooley, Acting Regional Administrator, NMFS, Pacific 
Islands Regional Office, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 
96814. Comments may be sent via facsimile (fax) at 808-973-2941 and 
must be received by December 15, 2003.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, NMFS, 808-973-2937.

SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), the United 
States has exclusive management authority over all living marine 
resources found within the EEZ. The management of these marine 
resources with the exception of sea birds and some marine mammals, is 
vested in the Secretary of Commerce (Secretary). Eight Regional Fishery 
Management Councils prepare fishery management plans for approval and 
implementation by the Secretary. The Council has the responsibility to 
prepare fishery management plans for fishery resources in the EEZ of 
the Western Pacific Region. NEPA requires preparation of an EIS for 
major Federal actions significantly impacting the quality of the human 
environment.
    The pelagics fishery resources that occur in the EEZ waters of the 
Western Pacific Region, have been managed under the Pelagics FMP and 
its amendments since 1986. Managed resources include both marketable, 
(primarily billfish and tunas), and non-marketable, (primarily sharks), 
species. Fisheries managed include pelagic longline, troll, handline, 
pole-and-line (bait boat), and charter boat fisheries. Management 
measures employed include gear restrictions, vessel size limitations, 
time and area closures, access limitations and other measures.
    The largest fishery managed under this plan is the Hawaii-based, 
limited-access pelagic longline fishery. Emergency regulations imposed 
on this fishery in 2001, and subsequent final regulations promulgated 
in 2002 eliminated the ``shallow set'' component of this fishery that 
targeted swordfish. The remaining component of this fishery is a ``deep 
set'' tuna-targeting fishery. On August 31, 2003, a Memorandum Opinion 
issued in Hawaii Longline Assoc. v. NMFS, (D. D.C., Civ No. 01-765), 
invalidated the June 12, 2002 (67 FR 40232), final regulations as well 
as the November 15, 2002, Biological Opinion for Pelagic Fisheries of 
the Western Pacific and the associated incidental take statement. This 
had the immediate effect of leaving the Pelagics FMP in place without 
restrictions that NMFS had concluded in March 2001 were necessary to 
eliminate the likelihood that fishing pursuant to the Pelagics FMP 
would jeopardize the continued existence of species listed under the 
Endangered Species Act (ESA). To avoid this disruption, on October 6, 
2003, the Court postponed the effectiveness of its action until April 
1, 2004, to allow the agency to take appropriate action. Consequently, 
NMFS and the Council are considering fishery management measures to 
comply with ESA requirements for sea turtle protection. During the week 
of October 20, 2003, the Council is expected to consider longer-term 
proposals for the fishery.
    The regulatory situation is thus subject to change. Additionally, 
recent research has identified practical measures (e.g., bait-setting 
chute; side-setting operations) that have significant potential for 
reducing interactions of the longline fleet with seabirds. As a 
consequence, it is now appropriate to re-examine in an SEIS the 
management measures imposed to minimize interactions between the 
Hawaii-based longline fishery and protected species. Also, since 
publication of the EIS for the Pelagics FMP, issues associated with 
marlins (billfish) and fish aggregating devices have surfaced, and a 
new industrial-scale squid fishery has emerged in Hawaii. The 
environmental impacts and need for management to address these matters 
are currently unknown. These issues will also be examined in the SEIS.
    Comments and public input on any and all aspects of Pelagics FMP 
management are solicited and will be accepted during scoping. Input is 
especially sought on priorities to apply in addressing management 
issues and initiatives. The agency anticipates that certain measures 
will require expedited treatment. Others may be addressed on a longer 
timetable.

Public Involvement

    Public scoping is an early and open process for determining the 
scope of issues to be addressed. A principle 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 distinguishing between 
those alternatives and selecting a preferred alternative.

Alternatives

    Scoping is being conducted to establish a reasonable range of 
alternatives, which may include modification of the current management 
regimes for the Hawaii-based longline fishery including, but not 
limited to, gear restrictions and requirements, time and area closures, 
limited access permits and reporting requirements, and catch limits; 
inclusion of certain squid species as Management Unit Species under the 
Pelagics FMP; and imposition

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on the squid fishery of management measures including, but not limited 
to, observer coverage and reporting requirements. In addition to 
developing possible alternatives, the scoping meetings will serve to 
identify and eliminate the issues which are not significant or which 
have been covered by prior environmental review.

Dates, Times, and Locations for Public Scoping Meetings

    1. Tuesday, October 21, 2003, at 6 p.m. at Fisherman's Wharf 
Restaurant, 1009 Ala Moana Blvd. Honolulu, HI;
    2. Monday, October 27, 2003, at 7 p.m. at the Chiefess Kamakahelei 
Middle School, 4431 Nuhou St., Lihue, Kauai, HI;
    3. Tuesday, October 28, 2003, at 7 p.m. at the Maui Beach Hotel, 
170 Kaahumanu Ave., Kahului, Maui, HI;
    4. Thursday, October 30, 2003, at 7 p.m. at the King Kamehameha 
Hotel, 75-5660 Palani Rd., Kailua-Kona, HI;
    5. Thursday, November 6, 2003, at 7 p.m. at the Department of 
Marine Resources and Wildlife Conference Room, Dockside, Pago Pago 
Harbor, American Samoa;
    6. Wednesday, December 3, 2003, 7 p.m. at the Pedro P. Tenorio 
Multipurpose Bldg., Susupe, Saipan, CNMI;
    7. December 4, 2003, 7 p.m. at the Guam Fisherman's Cooperative, 
Lot 12 section 4, Greg D. Perez Marina, Hagatna, Guam.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Alvin Katekaru, 808-973-2937 
(voice) or 808-973-2941(fax), at least five days prior to the meeting 
date.

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

    Dated: October 10, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-26295 Filed 10-14-03; 2:35 pm]
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