[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Proposed Rules]
[Pages 67640-67642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30135]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 112603A]


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

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

ACTION: Supplemental Notice of Intent (NOI) to prepare a Supplemental 
Environmental Impact Statement (SEIS); Notice of compressed schedule 
under alternative procedures approved by the Council on Environmental 
Quality (CEQ).

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SUMMARY: In an NOI published on October 17, 2003, the Western Pacific 
Fishery Management Council (Council) and NMFS announced their intent to

[[Page 67641]]

prepare an SEIS in accordance with the National Environmental Policy 
Act of 1969 (NEPA) on the Federal management of pelagic fishery 
resources in the Western Pacific Region. The Council and NMFS 
supplement that NOI and now announce their intent to phase, upon 
completion of the public scoping period identified in the October 17, 
2003 NOI, the SEIS and associated NEPA processes into two separate 
SEISs and two separate NEPA processes. The Council and NMFS also 
announce their intent to apply alternative procedures approved by the 
CEQ that will allow for expedited completion of one of the SEISs, 
specifically, on proposed management measures for the Hawaii-based 
longline fishery and it's potential impact on protected sea turtle 
populations. The remaining management issues identified in the public 
scoping process will be addressed in a separate SEIS made available for 
comment and review under normally applicable NEPA procedures. 
Notwithstanding these new intents, the public scoping process and 
schedule identified in the October 17, 2003, NOI, including the times 
and locations of public scoping meetings, remain in effect and apply to 
both NEPA processes identified above.

DATES: Written comments on the issues, priorities, range of 
alternatives, and impacts that should be discussed in either of the two 
SEISs must be received by December 15, 2003. See SUPPLEMENTARY 
INFORMATION for discussion on timing and dates associated with the 
alternative procedures. See the October 17, 2003 NOI for specific 
dates, times, and locations of the public scoping meetings.

ADDRESSES: Send written comments to Kitty Simonds, Executive Director, 
WPFMC, 1164 Bishop St. Suite 1400, Honolulu, HI 96813 or to Samuel 
Pooley, Acting Regional Administrator, NMFS, Pacific Islands Regional 
Office, 1601 Kapiolani Blvd., Suite 1110, Honolulu HI 96814. Comments 
may also be sent via facsimile (fax) to the Council at (808) 522-8228 
or to the Pacific Islands Regional Office at (808) 973-2941. Comments 
must be received by December 15, 2003.

FOR FURTHER INFORMATION CONTACT: Kitty Simonds, Executive Director, 
WPFMC, (808) 522-8220 or Samuel Pooley, Acting Regional Administrator, 
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 Exclusive Economic Zone (EEZ). The 
management of these marine resources found within the EEZ 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 which are reviewed for 
approval and implementation by the Secretary. The Western Pacific 
Council has the responsibility to prepare fishery management plans for 
fishery resources in the EEZ of the Western Pacific Region.
    The pelagic fisheries that occur in the EEZ and on the high seas of 
the Western Pacific Region have been managed under the Fishery 
Management Plan for the Pelagics Fisheries of the Western Pacific 
Region (FMP) and its amendments since 1986. Managed resources include 
both marketable (primarily billfish and tuna), 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 the FMP is the Hawaii-based, 
limited-access pelagic longline fishery. Regulations imposed on this 
fishery in 2001 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, 
the Memorandum Opinion issued in Hawaii Longline Assoc. v. NMFS (D. 
D.C., Civ No. 01-765), invalidated the June 12, 2002 (67 FR 40232) 
rules as well as the November 15, 2002, Biological Opinion for Pelagic 
Fisheries of the Western Pacific and the associated incidental take 
statement. On October 6, 2003, the Court stayed the August 31, 2003 
Order, and reinstated the regulations and BiOp until April 1, 2004 
(D.D.C. Civ No. 01-0765).
    The October 17, 2003, NOI (68 FR. 59771) highlighted a number of 
issues concerning pelagic fisheries management in the Western Pacific 
Region. Particular issues mentioned included pelagic longline fisheries 
interactions with protected species, billfish-related issues, fish 
aggregation devices, and an emerging industrial-scale squid fishery. 
However, as a result of Court orders affecting management of the 
fishery, the Council and NMFS are considering management measures and 
regulations that must be in place by April 1, 2004.
    Consequently, two SEISs, both supplementing the March 30, 2001 
Final EIS on the Fishery Management Plan for Pelagic Fisheries of the 
Western Pacific Region, will be developed. The SEIS being developed 
under alternative procedures will address the Hawaii-based longline 
fishery and it's potential impact on endangered and threatened sea 
turtle populations. The other issues mentioned in the October 17, 2003, 
NOI, such as seabird interactions, billfish-related issues, fish 
aggregation devices, and industrial-scale squid fishing, will be 
addressed in a separate SEIS prepared in accord with standard NEPA 
procedures.
    Without compressing the schedule, the agency is not able to comply 
with prescribed time periods required by NEPA. Specifically, based on a 
schedule accommodating all regulatory requirements, the agency is not 
able to provide the full public comment period of 45 days for a draft 
SEIS (40 CFR 1506.10(2)(d)), or the full review period for the final 
SEIS prior to the agency decision (40 CFR 1506.10(b)(1-2)).
    Consequently, NMFS proposed alternative procedures to CEQ. As a 
matter of practice, the CEQ looks at three factors in the context of 
requests for alternative procedures for a SEIS(s): (a) Whether the 
agency can show that it faces extremely difficult timing considerations 
that it could not have reasonably foreseen; (b) whether considerations 
of reflected national policy concerns outweigh any burden to the public 
caused by a deviation from the normal process; and (c) whether the 
agency is committed to providing effective alternative means for 
insuring public and agency review. NMFS satisfied the CEQ's criteria 
for alternative procedures and on November 20, 2003, the CEQ approved 
NMFS's request. The alternative procedures include that the standard 
45-day public comment period for the SEIS will be shortened to 30 days, 
and the standard 30-day review period between the final SEIS and the 
agency's Record of Decision may be reduced by as much as 26 days.
    As part of the alternative procedures for public input, the Council 
and NMFS have coordinated several opportunities for public involvement 
in the NEPA process. Examples include public scoping meetings conducted 
throughout the Western Pacific Region from October 21, 2003 through 
December 4, 2003. In addition, opportunities for public involvement and 
comment have been solicited at several meetings, including the 119th 
Council meeting, 120th Council meeting, the 121st Council meeting, and 
at a series of public

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meetings convened by the Council's Sea Turtle Conservation Special 
Advisory Committee.
    The SEIS will analyze, among other things, additional alternatives 
that include an abolition or modification to the southern area closure; 
the restoration of the swordfish fishery at some reduced level; 
mitigation measures such as circle hooks and mackerel bait known to 
reduce interaction rates of sea turtles with longline gear; 
international conservation measures to increase sea turtle recruitment; 
and an analysis on the potential impact of such alternatives on the 
continued existence of endangered and threatened sea turtles.

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

    Dated: November 26, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-30135 Filed 12-2-03; 8:45 am]
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