[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 45965-45967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18106]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XI67


Amendment 2 to the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Department of Commerce.

[[Page 45966]]


ACTION: Notice; intent to prepare a supplemental environmental impact 
statement; request for comments.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), the 
National Marine Fisheries Service (NMFS) announces its intent to 
prepare a supplemental environmental impact statement (SEIS) on 
Amendment 2 to the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP). An environmental 
impact statement (EIS) was prepared for the HMS FMP and finalized in 
August 2003; however, the HMS FMP was only partially approved and the 
West Coast-based shallow-set longline (SSLL) fishery was not 
implemented. Amendment 2 would establish a management framework for a 
West Coast-based SSLL fishery outside of the West Coast Exclusive 
Economic Zone (EEZ). The amendment is needed in order to provide high 
seas SSLL fishing opportunity for historic and/or current West Coast-
based fishermen who have participated in fisheries targeting swordfish 
and landed swordfish in West Coast ports. NMFS provides this notice to 
describe the proposed action and possible alternatives; advise other 
Federal and State agencies, affected Tribes, and the public of our 
intent to prepare an EIS; announce the initiation of a public scoping 
period; and obtain suggestions and information on the scope of issues 
to be included in the EIS.

DATES: Public scoping will also be conducted through regular meetings 
of the Pacific Fishery Management Council and its advisory bodies. The 
Pacific Fishery Management Council is scheduled to select a preliminary 
preferred alternative at their September 2008 meeting and take final 
action to select a preferred alternative at their March 7-12, 2009 
meeting in Seattle, Washington. The details of this and any other 
meetings related to this action will be announced in the Federal 
Register. Written, faxed or emailed comments must be received by 5 
p.m., Pacific Daylight Time on September 8, 2008.

ADDRESSES: The public is encouraged to submit comments, on issues and 
alternatives, identified by RIN: 0648-XI67 by any of the following 
methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting 
comments.Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
     Mail: Submit written comments to Mark Helvey, Assistant 
Regional Administrator, National Marine Fisheries Service, Southwest 
Region, Sustainable Fisheries Division, 501 West Ocean Blvd., Suite 
4200, Long Beach, CA 90802-4213.
     Fax: (562) 980-4047, Attention: Mark Helvey.
    Instructions: All comments received are a part of the public record 
and may be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information. NMFS will accept anonymous comments (please 
enter N/A in the required fields, if you wish to remain anonymous). 
Copies of the Fishery Management Plan for U.S. West Coast Fisheries for 
Highly Migratory Species and the Environmental Impact Statement are 
available on the Pacific Fishery Management Council's website 
(www.pcouncil.org).

FOR FURTHER INFORMATION CONTACT: Mark Helvey, Assistant Regional 
Administrator, National Marine Fisheries Service, Southwest Region, 
Sustainable Fisheries Division, (562) 980-4040.

SUPPLEMENTARY INFORMATION:

Background

    The HMS FMP, prepared by the Pacific Fishery Management Council 
(Council), would have authorized a West Coast-based SSLL fishery on the 
high seas outside the EEZ; however, on February 4, 2004 NMFS informed 
the Council that it had approved the HMS FMP with the exception of the 
provision that would have allowed SSLL fishing by West Coast-based 
vessels targeting swordfish east of 150[deg] W. longitude. The 
disapproval was based on the Section 7 consultation for the HMS FMP, 
which concluded that allowing SSLL fishing for swordfish with 
traditional gear and no effort limits east of 150[deg] W. longitude 
would appreciably reduce the likelihood of survival and recovery in the 
wild of loggerhead sea turtles. Hawaii-permitted vessels may currently 
fish seaward of the U.S. West Coast EEZ and east of 150 W. longitude 
and land on the West Coast; however, they have not done so since 2004.
    The Magnuson-Stevens Act requires NMFS, if a FMP is disapproved in 
part or in whole, to advise the Council of actions it can take to 
address the disapproved FMP provisions. In a letter dated February 4, 
2004, NMFS indicated to the Council that alternative gear and bait 
options (e.g., large circle hooks and mackerel bait) being tested in 
the U.S. Atlantic SSLL swordfish fishery had proven successful in 
significantly reducing sea turtle interactions and consequent injury to 
or mortality of sea turtles. NMFS advised the Council that possible use 
of alternative gear and bait requirements, effort limits, time/area 
limits, turtle take caps, or other measures that would limit sea turtle 
mortality to low levels by any future West Coast-based SSLL fishery 
might provide the necessary conservation and management measures to 
operate a fishery without jeopardizing the continued existence of ESA-
listed sea turtles. Since that time, the alternate gear and bait 
options have also proven to be successful in the Hawaii-based SSLL 
swordfish fishery, as well as in foreign longline swordfish fisheries 
(e.g., Brazil, Italy, Ecuador and Uruguay), resulting in significant 
reductions in sea turtle interactions and mortalities while maintaining 
economically viable fisheries. As a result of these successful gear 
innovations, NMFS recommended at the April 2007 meeting that the 
Council re-visit the disapproved portion of the HMS FMP.
    The SEIS will analyze the potential impacts of the following 
alternatives on the human environment, which were adopted by the 
Council at their March 2008 meeting in Sacramento, California.

Alternatives

    Alternative 1 is the status quo or no action alternative, which 
would continue to prohibit the use of SSLL gear to fish for or target 
swordfish on the high seas north of the equator by West Coast-based 
vessels, unless a vessel has both a Western Pacific Fishery Management 
Council Pelagics limited entry (LE) permit and a Pacific Fishery 
Management Council HMS permit. Current regulations pursuant to the HMS 
FMP prohibit West Coast-based vessels from targeting swordfish with 
SSLL gear west of 150 W. longitude, and Endangered Species Act 
regulations prohibit West Coast-based vessels from targeting swordfish 
with SSLL gear east of 150 W. longitude.
    Alternative 2 would implement a West Coast-based LE permit program 
for SSLL fishing on the high seas seaward of the West Coast EEZ. It is 
estimated that the fishery would be economically viable with an effort 
level of 1 to 1 1/2 million hooks. A maximum of 20 permits would be 
issued with the final number based in part on an evaluation of what 
would be an economically viable fleet size for the proposed fishery.

[[Page 45967]]

There are several LE options for Alternative 2 to establish an initial 
pool of qualifiers; the criteria that may be involved include prior 
landings history for swordfish, years of fishing experience, recent 
participation in a swordfish fishery, and/or ownership of a drift 
gillnet permit. Two area closure options will also be considered under 
this alternative. The fishery would either be constrained to east of 
150 W. longitude, or east of 140 W. longitude; analyses developed in 
conjunction with the HMS FMP suggested that loggerhead takes were lower 
the farther east fishing occurred up to the West Coast EEZ boundary.
    Alternative 3 would establish a management framework for a West 
Coast-based SSLL fishery seaward of the U.S. EEZ without a LE permit 
program. The management framework would contain the following 
provisions: (1) the fishery would be constrained to east of 140[deg] W. 
longitude; (2) owners of a Hawaii Pelagics LE permit would not qualify 
for the West Coast LE permit; and (3) sea turtle take mitigation 
measures (e.g., gear requirements, 100 percent observer coverage, take 
caps) would be required.

Protected Species Mitigation Measures

    Alternatives 2 and 3 would be subject to many of the same gear 
restrictions applicable to the Hawaii SSLL fishery, including the use 
of large circle hooks that are less likely to be deeply ingested by 
turtles as compared to traditional J-hooks, mackerel-type bait, and 
longer branch-lines to allow animals to surface and breathe after being 
hooked. In addition, U.S. fishermen would be required to have NMFS-
approved safe handling gear on board to assist in boarding sea turtles, 
and de-hooking and releasing the gear from sea turtles, as well as 
training in resuscitation techniques to maximize the survival rate of 
sea turtles. Gear-related requirements would be harmonized with the 
Hawaii regulations as much as possible to ease compliance and minimize 
impacts to protected resources. In addition, any future West Coast-
based SSLL fishery would be required to have 100 percent observer 
coverage.
    There would also be established take caps for ESA-listed loggerhead 
and leatherback sea turtles based on a formal ESA Section 7 
consultation. The Council could recommend specific take caps as part of 
their preferred alternative, based on informal consultation with NMFS 
Protected Resources Division, or the Incidental Take Statement that 
would be part of the Biological Opinion produced as part of the formal 
Section 7 consultation. Take caps would be applied annually and the 
fishery would close immediately if they were reached. The fishery would 
reopen at the start of the next fishing year (April 1) with a new set 
of take caps in effect.
    To address potential resource concerns and/or fishery conflicts for 
species not designated and managed as protected species, additional 
management measures, such as maximum allowable harvest caps may be 
considered. This may include, but is not bound by or limited to, 
striped marlin, and commercially important tuna species that are HMS 
FMP management unit species (e.g., yellowfin, bigeye, bluefin, and 
albacore tuna) and which are being managed under the purview of 
conservation measures established by Regional Fishery Management 
Organizations.

Other Documentation

    As required in Section 7(a)(2) of the ESA (16 U.S.C. 1531 et seq.), 
NMFS will initiate a formal consultation with NMFS Protected Resources 
Division to determine if the proposed action is likely to jeopardize 
the continued existence and recovery of any endangered or threatened 
species, or result in the destruction or adverse modification of 
critical habitat. NMFS also plans to consult with the National Marine 
Sanctuary Program in regards to potential impacts to Sanctuary 
resources, the U.S. Fish and Wildlife Service concerning potential 
impacts to endangered seabirds, and internally with the NMFS Habitat 
Conservation Division concerning essential fish habitat components.

Additional Scoping Opportunities

    Public scoping has already occurred as part of the Council's 
decision-making process and will continue through Council final action. 
All decisions during the Council process benefit from written and oral 
public comments delivered prior to or during the Council meetings. 
These public comments are considered integral to the scoping process 
and development of the SEIS. The Council is scheduled to choose a 
preliminary preferred alternative at their September 7-12, 2008 meeting 
in Boise, Idaho and take final action to select a preferred alternative 
at their March 7-12, 2009 meeting in Seattle, Washington. Written 
comments submitted to the Council by August 20, 2008 will be made 
available to the Council in advance briefing materials for their 
September meeting. Opportunities for oral public comment are also 
offered at Council meetings. For more information see the Council's 
website (www.pcouncil.org).
    Request for Comments NMFS requests public comment on the Notice of 
Intent to prepare a Supplemental Environmental Impact Statement for 
Amendment 2 to the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species.

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

    Dated: August 1, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-18106 Filed 8-6-08; 8:45 am]
BILLING CODE 3510-22-S