[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 8969-8971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04315]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG007


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Pelagic Longline Fishery Management

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

ACTION: Notice of intent (NOI) to prepare a draft environmental impact 
analysis and hold scoping meetings; notice of availability of scoping 
document; request for comments.

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SUMMARY: NMFS announces its intent to prepare a draft environmental 
impact analysis to assess the potential effects of alternative measures 
under the 2006 Consolidated Atlantic Highly Migratory Species Fishery 
Management Plan (2006 Consolidated HMS FMP) for management of the 
pelagic longline fishery. This notice announces a public process for 
determining the scope of issues to be addressed and for identifying the 
significant issues relating to the management of Atlantic HMS, with a 
focus on area-based management measures and weak hook management 
measures that were implemented to reduce dead discards of bluefin tuna 
in the pelagic longline fishery. NMFS would use the scoping process and 
the draft environmental impact analysis to develop a regulatory action 
applicable to the pelagic longline fishery. The scoping process and 
draft environmental impact analysis are intended to determine if 
existing area-based and weak hook management measures are the best 
means of achieving the current management objectives and providing 
flexibility to adapt to fishing variability in the future, consistent 
with the 2006 Consolidated HMS FMP, the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the Atlantic 
Tunas Convention Act (ATCA), and other relevant Federal laws. NMFS is 
also announcing the availability of a scoping document describing 
potential measures for inclusion in a future regulatory action. NMFS 
will hold scoping meetings to gather public comment on potential 
management options for area based and weak hook requirements. The time 
and location details of the scoping meetings are available in the 
SUPPLEMENTARY INFORMATION section of this notice. NMFS is requesting 
comments on the NOI to develop environmental impact assessments. NMFS 
also requests comments on the management options described in the 
scoping document concerning bluefin area-based management and weak hook 
measures that were implemented to minimize bluefin tuna bycatch and/or 
interactions, and relevant options that would meet the purpose and need 
for this action.

DATES: Written comments on this NOI and the scoping document must be 
received on or before May 1, 2018. NMFS also will host an operator-
assisted public hearing conference call and webinar March 15, 2018, 
from 2 to 4 p.m. EDT, providing an opportunity for individuals from all 
geographic areas to participate in a scoping meeting. See SUPPLEMENTARY 
INFORMATION for further details, including public scoping meeting dates 
and locations.

ADDRESSES: You may submit comments, identified by ``NOAA-NMFS-2018-
0035'', by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-00035, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Craig Cockrell, Highly Migratory Species Management 
Division, Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, or to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted to http://www.regulations.gov 
without change. All Personal Identifying Information (e.g., name, 
address), confidential business information, or otherwise sensitive 
information submitted voluntarily by the sender will be publicly 
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous).
    The public hearing conference call information is phone number 800-
988-9546; participant passcode 27079. Participants are strongly 
encouraged to log/dial in 15 minutes prior to the meeting. NMFS will 
show a brief presentation via webinar followed by public comment. To 
join the webinar, go to: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=e7fc24f346f6d54043131fad6e040d4bd; meeting number: 
992 830 164; password: noaa. Participants who have not used WebEx 
before will be prompted to download and run a plug-in program that will 
enable them to view the webinar.
    The scoping document is available by sending your request to Craig 
Cockrell at the mailing address specified above, or by calling the 
phone numbers indicated below. The scoping document, the 2006 
Consolidated HMS FMP, and FMP amendments also may be downloaded from 
the HMS website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.

FOR FURTHER INFORMATION CONTACT: Craig Cockrell 301-427-8503 or 
Jennifer Cudney 727-824-5399, or online at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.

SUPPLEMENTARY INFORMATION:

Background

    Regulations implemented under the authority of the Atlantic Tunas 
Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 
U.S.C. 1801 et seq.) governing the harvest of HMS, including bluefin 
tuna, by persons and vessels subject to U.S. jurisdiction are found at 
50 CFR part 635. The pelagic longline fishery for Atlantic HMS 
primarily targets swordfish, yellowfin tuna, and bigeye tuna in various 
areas and seasons. In 1997, NMFS determined that the western Atlantic 
bluefin tuna stock was overfished. In addition, the 1998 International 
Commission for the Conservation of Atlantic Tunas (ICCAT) 
Recommendation on western Atlantic bluefin tuna required that 
Contracting Parties, including the United States, minimize dead 
discards of bluefin tuna to the extent practicable, and set a country-
specific dead discard allowance. Given the status of bluefin tuna and 
recommendations from ICCAT, at that time, NMFS analyzed a range of 
different time/area options for locations with high bluefin tuna 
bycatch in the 1999 FMP for Atlantic tunas, sharks, and swordfish (1999 
HMS FMP), and subsequently implemented the Northeastern United States 
Pelagic Longline Closed Area, which is effective annually from June 1 
through June 30, in the final rule implementing the 1999 HMS FMP (64 FR 
29090, May 28, 1999) to reduce bluefin tuna dead discards in the 
pelagic longline fishery. In 2006, NMFS finalized the 2006 Consolidated 
Atlantic HMS FMP, which was intended to simplify management and better 
coordinate domestic conservation and management of Atlantic HMS. This 
Consolidated HMS FMP also carried

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forward many of the objectives of the 1999 FMP for Atlantic tunas, 
sharks and swordfish (e.g., reduce dead discard and post-release 
mortality of Atlantic HMS in directed and non-directed fisheries; 
reduce bycatch and bycatch mortality). In the 2006 Consolidated HMS 
FMP, NMFS also recognized the importance of western Atlantic bluefin 
tuna spawning grounds in the Gulf of Mexico and considered alternatives 
that would provide additional protection or incentives to dissuade 
fishermen from keeping incidentally caught bluefin. Weak hooks have 
been mandatory in the Gulf of Mexico pelagic longline fishery since 
2011 (76 FR 18653, April 5, 2011). Weak hooks straighten under pressure 
and research conducted from 2007-2015 showed weak hook use could 
decrease bluefin tuna catch by 46 to 56.5 percent in the Gulf of 
Mexico. Continued reductions of bluefin tuna catch in the Gulf of 
Mexico pelagic longline fishery have been observed since the 
implementation of weak hooks. Amendment 7 to the 2006 Consolidated HMS 
FMP (79 FR 71510, December 2, 2014) implemented several measures for 
the pelagic longline fishery including, but not limited to, gear 
restricted areas, individual bluefin tuna quotas (IBQ), and catch 
reporting of each pelagic longline set using vessel monitoring systems.
    Since implementation of Amendment 7 in 2015, NMFS has noted 
decreased bluefin tuna landings and dead discards concurrent with the 
new focus on vessel accountability in fishing practices. However, 
effort within the pelagic longline fishery has also decreased and 
quotas established for target species (e.g., swordfish) are not being 
met. We presented a range of potential management issues and options 
for consideration at recent Advisory Panel meetings that might: (1) 
Optimize the ability of permit categories to harvest target species and 
still meet goals consistent with rebuilding and management plans and 
other species management objectives; and (2) revitalize the target 
longline fisheries, including increased swordfish landings within 
existing quotas. We specifically received comments from pelagic 
longline participants and other interested parties, including comments 
at the Spring and Fall 2017 Atlantic HMS Advisory Panel meetings, to 
examine whether older fleet-wide measures such as gear requirements, 
area restrictions, or time/area closures may no longer be necessary to 
reduce bluefin tuna bycatch and still meet the objectives of the 
Amendment 7. The HMS Advisory Panel expressed support for the continued 
development of management options to be presented at the Spring 2018 
Advisory Panel meeting.

Scoping Process

    NMFS encourages participation, by all persons affected or otherwise 
interested in bluefin tuna area-based and weak hook management 
measures, in the process to determine the scope and significance of 
issues to be analyzed in a draft environmental impact analysis and 
regulatory action. All such persons are encouraged to submit written 
comments (see ADDRESSES), or comment at one of the scoping meetings or 
public webinar. Persons submitting comments are welcome to address the 
specific measures in the scoping document.
    NMFS intends to hold scoping meetings in the geographic areas that 
may be affected by these measures, including locations on the Atlantic 
and Gulf of Mexico coasts, and will consult with the regional fishery 
management councils in the Atlantic and Gulf of Mexico. After scoping 
has been completed and public comment gathered and analyzed, NMFS will 
determine if it is necessary to proceed with preparation of a draft 
environmental impact analysis and proposed rule, which would include 
additional opportunities for public comment. The scope of the draft 
environmental impact analysis would consist of the range of actions, 
alternatives, and impacts to be considered. Alternatives may include, 
but are not limited to, the following: Not amending the current 
regulations (i.e., taking no action); developing a regulatory action 
that contains management measures such as those described in the 
scoping document; or other reasonable courses of action. This scoping 
process also will identify, and eliminate from further detailed 
analysis, issues that may not meet the purpose and need of the action. 
NMFS expects to present the scoping document at the Spring 2018 HMS 
Advisory Panel meeting, the scheduled scoping meetings and webinar, and 
the regional fishery management councils, as listed in Table 1.

           Table 1--Locations, Dates, and Times of Upcoming Scoping Meetings and Council Presentations
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              Date                              Time                   Meeting location           Address
----------------------------------------------------------------------------------------------------------------
March 8, 2018...................  TBD.............................  HMS Advisory Panel     Sheraton Silver
                                                                     Meeting.               Spring Hotel, 8777
                                                                                            Georgia Ave., Silver
                                                                                            Spring, MD 20910.
March 13, 2018..................  2:00-4:00 p.m...................  Public Webinar.......  Teleconference line:
                                                                                            800-988-9546,
                                                                                            Participant pass
                                                                                            code: 27079, Webinar
                                                                                            Link: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=e7fc24f346f6d54043131fad6e040d4bd d4bd, Event number:
                                                                                            992 830 164, Event
                                                                                            password: noaa.
March 15, 2018..................  4:00 p.m.-8:00 p.m..............  Panama City, FL......  National Marine
                                                                                            Fisheries Service,
                                                                                            Southeast Fisheries
                                                                                            Science Center, 3500
                                                                                            Delwood Beach Road,
                                                                                            Saint Panama City,
                                                                                            FL 32408.
March 21, 2018..................  4:00 p.m.-8:00 p.m..............  Manteo, NC...........  Commissioners Meeting
                                                                                            Room, Dare County
                                                                                            Administration
                                                                                            Building, 954
                                                                                            Marshall Collins
                                                                                            Dr., Manteo, NC
                                                                                            27954.
April 2, 2018...................  5:00 p.m.-7:00 p.m..............  Houma, LA............  Terrebonne Parish
                                                                                            Main Library, Large
                                                                                            Conference Room, 151
                                                                                            Library Drive,
                                                                                            Houma, LA 70360.
April 12, 2018..................  4:00 p.m.-8:00 p.m..............  Manahawkin, NJ.......  Stafford Branch
                                                                                            Public Library, 129
                                                                                            N Main St.,
                                                                                            Manahawkin, NJ
                                                                                            08050.
April 18, 2018..................  5:00 p.m.-7:00 p.m..............  Gloucester, MA.......  National Marine
                                                                                            Fisheries Service,
                                                                                            Grater Atlantic
                                                                                            Regional Office, 55
                                                                                            Great Republic Dr.,
                                                                                            Gloucester, MA
                                                                                            01930.
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    The public is reminded that NMFS expects participants at public 
scoping meetings and on conference calls to conduct themselves 
appropriately. At the beginning of the scoping meetings and conference 
call, a representative of NMFS will explain the ground rules (e.g., all 
comments are to be directed to the Agency; attendees will be called to 
give their comments in the order in which they registered to speak; 
each attendee will have an equal amount of time to speak; and attendees 
should not interrupt one another). The meeting locations will be 
physically accessible

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to people with disabilities. Requests for sign language interpretation 
or other auxiliary aids should be directed to Craig Cockrell at 301-
427-8503, at least 7 days prior to the meeting. A NMFS representative 
will attempt to structure the meeting so that all attending members of 
the public will be able to comment if they so choose, regardless of the 
controversial nature of the subject matter. If attendees do not respect 
the ground rules they will be asked to leave the scoping meeting or 
conference call.
    Because the rulemakings overlap for some gear types, the public 
scoping meetings being held in Panama City, FL, Manteo, NC, and 
Manahawkin, NJ will be held in conjunction with public scoping meetings 
for Amendment 11 to the 2006 Consolidated Atlantic HMS FMP (shortfin 
mako shark management measures). The Amendment 11 presentation will 
likely be given first unless polling of the audience indicates another 
approach is appropriate. After each presentation, public comment for 
that issue will be received. Meeting attendees interested in this issue 
are encouraged to show up at the beginning of the meeting to help 
determine the order of the presentations. The second presentation will 
not start any later than 6 p.m.
    The process of developing a regulatory action is expected to take 
approximately two years. In addition to future HMS Advisory Panel 
input, public comment and future analyses, there are other relevant 
events anticipated that may impact the development of this regulatory 
action, including implementation of a quota rule for Atlantic bluefin 
tuna and North Atlantic albacore, the three-year review of the IBQ 
program, and the ICCAT annual meeting in November 2018.
    Until the draft environmental impact analysis and proposed rule are 
finalized or until other regulations are put into place, the current 
regulations remain in effect.

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: February 27, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-04315 Filed 3-1-18; 8:45 am]
 BILLING CODE 3510-22-P