[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Notices]
[Pages 72992-72994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24951]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE57


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Fisheries in the Bering Sea, Aleutian Islands and Gulf of Alaska

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

[[Page 72993]]


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

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SUMMARY:  NMFS, in consultation with the North Pacific Fishery 
Management Council (Council), announces its intent to prepare a 
Supplemental Environmental Impact Statement (SEIS) on revisions to 
Steller sea lion protection measures, in accordance with the National 
Environmental Policy Act of 1969 (NEPA). The proposed action is to 
revise the Steller sea lion protection measures for the Bering Sea and 
Aleutian Islands (BSAI) and the Gulf of Alaska (GOA) groundfish 
fisheries. The scope of the SEIS will be to determine the impacts to 
the human environment resulting from modifications to the existing 
protection measures. NMFS will accept written comments from the public 
to determine the issues of concern and the appropriate range of 
management alternatives to be addressed in the SEIS.

DATES:  Written comments must be received by April 21, 2008.

ADDRESSES:  Written comments on issues and alternatives for the SEIS 
should be sent to Sue Salveson, Assistant Regional Administrator, 
Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen 
Sebastian. Comments may be submitted by
     E-mail: [email protected]. Include in the subject line 
the following document identifier: SSL SEIS. E-mail comments, with or 
without attachments, are limited to 5 megabytes;
     Mail: P.O. Box 21668, Juneau, AK 99802;
     Hand Delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK; or
     Fax: 907-586-7557.

FOR FURTHER INFORMATION CONTACT:  Gretchen Harrington, (907) 586-7228 
or [email protected].

SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the United 
States has exclusive fishery management authority over all living 
marine resources found within the exclusive economic zone (EEZ). The 
management of these marine resources, with the exception of certain 
marine mammals and birds, is vested in the Secretary of Commerce 
(Secretary). The Council has the responsibility to prepare fishery 
management plans for those marine resources off Alaska requiring 
conservation and management. Management of the Federal groundfish 
fishery located off Alaska in the EEZ is carried out under the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area and the Fishery Management Plan for Groundfish of the 
Gulf of Alaska (FMPs). These FMPs, their amendments, and implementing 
regulations (found at 50 CFR part 679) are developed in accordance with 
the requirements of the Magnuson-Stevens Act and other applicable 
Federal laws and executive orders, notably NEPA and the Endangered 
Species Act (ESA).
    The Council is considering revising the Steller sea lion protection 
measures for the groundfish fisheries based on new information 
available regarding the potential interactions between Steller sea 
lions and groundfish fisheries. NMFS and the Council have determined 
that the preparation of an SEIS may be required for this action because 
revisions to the groundfish fishery regulations to protect Steller sea 
lions may result in significant impacts on the human environment not 
previously analyzed in the Final SEIS for Steller Sea Lion Protection 
Measures (November 2001). Thus, NMFS, in consultation with the Council, 
is initiating scoping for an SEIS in the event that an SEIS is needed.
    NMFS is seeking information from the public through the SEIS 
scoping process on the range of alternatives to be analyzed; and on the 
environmental, social, and economic issues to be considered in the 
analysis. Written comments generated during this scoping process will 
be shared with the Council and incorporated into the SEIS.
    The SEIS would be integrated with the related ESA documents that 
have been or are being prepared to address Steller sea lion issues to 
avoid redundancy, while providing a decision-making document that 
analyzes the potential impacts of the proposed action and its 
alternatives on the human environment. Related ESA documents 
(biological assessments, biological opinions, and a draft recovery 
plan) and background information are available on the NMFS Alaska 
Region website at http://stellersealions.noaa.gov/.
    The SEIS on revisions to Steller sea lion protection measures will 
supplement the Steller Sea Lion Protection Measures Final SEIS 
(November 2001), which is available on the NMFS Alaska Region website 
at http://www.fakr.noaa.gov/sustainablefisheries/seis/sslpm/default.htm.
    The preferred alternative for Steller sea lions protection measures 
in the 2001 SEIS was the area and fishery specific approach, which 
allowed for different protection measures specific to the type of 
fishery in the Aleutian Islands, Bering Sea, and Gulf of Alaska. NMFS 
implemented the current protection measures in 2003 (68 FR 204, January 
2, 2003). This approach was a precautionary response to concerns about 
Steller sea lions and was intended to reduce the economic impact of the 
protection measures on participants in the groundfish fisheries. The 
protection measures in the preferred alternative were determined to 
neither jeopardize the continued existence of Steller sea lions nor 
adversely modify their designated critical habitat. Further, this 
approach met the Magnuson-Stevens Act mandates, especially with regards 
to safety at sea, minimizing bycatch, minimizing impacts to fishing 
communities, and attaining optimum yield.
    Steller sea lion protection measures for the groundfish fishery 
currently include (1) global harvest controls for Steller sea lion prey 
species (pollock, Pacific cod, and Atka mackerel); (2) spatial harvest 
controls specific to prey species, gear type, and proximity to rookery, 
haulout, or forage areas to limit prey species removal in an area; (3) 
temporal harvest controls for pollock, Pacific cod, and Atka mackerel, 
including seasonal apportionments to limit prey species removal during 
certain times of the year; and (4) a vessel monitoring system 
requirement for all vessels (except vessels using jig gear) fishing for 
pollock, Pacific cod, or Atka mackerel.

Proposed Action

    The proposed action is to revise the Steller sea lion protection 
measures for the Bering Sea and Aleutian Islands and Gulf of Alaska 
groundfish fisheries based on new information available regarding the 
potential interactions between Steller sea lions and groundfish 
fisheries. The purpose of the proposed action is to maintain adequate 
protection for Steller sea lions to avoid jeopardy of extinction and 
destruction or adverse modification of designated critical habitat 
under the ESA, while minimizing to the extent practicable the impacts 
to the fishing industry and coastal communities that result from 
complying with the protection measures. The revisions are necessary to 
ensure the best scientific information available is used to: (1) ensure 
the fisheries are not likely to result in jeopardy of extinction and 
destruction or adverse modification of designated critical habitat; (2) 
alleviate any unnecessary restrictions for the fleet to improve 
efficiency and ensure economic viability for the industry; and (3)

[[Page 72994]]

minimize potential adverse economic impacts on coastal communities.

Alternatives

    The SEIS will evaluate a range of alternative management measures 
for the Bering Sea and Aleutian Islands and Gulf of Alaska groundfish 
fisheries. The Council's Steller Sea Lion Mitigation Committee (SSLMC) 
is reviewing the latest scientific information regarding Steller sea 
lions and potential groundfish fisheries interactions and developing 
alternative Steller sea lion protection measures. The SSLMC has 
collected proposals from the public for changes to the Steller sea lion 
protection measures and is scheduled to evaluate and prioritize these 
proposals for Council consideration in June 2008. After Council 
consideration, the Council may recommend management measures to the 
Secretary for evaluation and implementation. Information regarding the 
SSLMC and the proposal evaluation process is available from the Alaska 
Region website at http://www.fakr.noaa.gov/sustainablefisheries/sslmc/default.htm.
    Alternatives may include those identified here, and those developed 
through public scoping, Council, and SSLMC processes. Possible 
alternatives could include one, or a combination of, the following:
    1.No action - retain the current suite of Steller sea lion 
protection measures as are currently in place for fishing year 2008.
    2.Change the current spatial management of the Atka mackerel, 
pollock, or Pacific cod fisheries in the GOA and/or BSAI by opening or 
closing areas near Steller sea lion rookeries, haulouts, and/or 
foraging areas.
    3.Change the current temporal management of harvests in the GOA 
and/or BSAI Atka mackerel, pollock, and/or Pacific cod fisheries.
    4.Change other management measures that currently apply to the GOA 
and/or BSAI Atka mackerel, pollock, and/or Pacific cod fisheries, such 
as changes to gear restrictions or the Aleutian Islands platoon 
management system for Atka mackerel.

Preliminary Identification of 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 the SEIS. The analysis will evaluate the effects 
of the alternatives for all resources, species, and issues that may 
directly or indirectly interact with Steller sea lions and the 
groundfish fisheries within the action area.
    The primary issues to be analyzed are the effects of the proposed 
action and its alternatives on Steller sea lions and their designated 
critical habitat. Additional impacts to the following components of the 
biological and physical environment may be evaluated: (1) other species 
listed under the ESA and their critical habitat, and other species 
protected under the Marine Mammal Protection Act; (2) target and non-
target fish stocks, including forage fish and prohibited species; (3) 
seabirds; and (4) the ecosystem.
    Social and economic impacts also would be considered in terms of 
the effects that changes in the Steller sea lion protection measures 
would have on the following groups of individuals: (1) those who 
participate in harvesting the groundfish resources; (2) those who 
process and market groundfish and groundfish products; (3) those who 
consume groundfish products; (4) those who rely on living marine 
resources in the management area, particularly Steller sea lions, for 
subsistence needs; (5) those who benefit from non-consumptive uses of 
Steller sea lions and other living marine resources; and (6) fishing 
communities.

Public Involvement

    Scoping is an early and open process for determining the scope of 
issues to be addressed in an Environmental Impact Statement and for 
identifying the significant issues related to the proposed action. A 
principal 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 for selecting a 
preferred alternative. Through this notice, NMFS is notifying the 
public that an SEIS and decision-making process for this proposed 
action has been initiated so that interested or affected people may 
participate and contribute to the final decision.
    NMFS is seeking written public comments on the scope of issues, 
including potential impacts, and alternatives that should be considered 
in revising the Steller sea lion protection measures. Written comments 
will be accepted at the address above (see ADDRESSES). Written comments 
should be as specific as possible to be the most helpful. Written 
comments received during the scoping process, including the names and 
addresses of those submitting them, will be considered part of the 
public record on this proposal and will be available for public 
inspection.
    The public is invited to participate in the SSLMC meetings and 
Council meetings where the latest scientific information regarding 
Steller sea lions and fisheries interactions are being reviewed and 
alternative protection measures are being developed and evaluated. 
Future Council and SSLMC meetings will be noticed in the Federal 
Register and on the website at http://www.fakr.noaa.gov/. Additional 
information regarding regulatory, ESA, and NEPA activities for Steller 
sea lions is available at the website at http://stellersealions.noaa.gov. Please visit this website for more 
information on this SEIS and for guidance on submitting effective 
public comments.

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

    Dated: December 18, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-24951 Filed 12-21-07; 8:45 am]
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