[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11996-11997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04105]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-10020-19-Region 10]


Proposed Modification of NPDES General Permit for Offshore 
Seafood Processors in Alaska (AKG524000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Modification of NPDES General Permit.

-----------------------------------------------------------------------

SUMMARY: In June 2019, EPA Region 10 reissued a National Pollutant 
Discharge Elimination System (NPDES) General Permit for offshore 
seafood processors operating in federal waters off the coast of Alaska. 
The permit, which became effective on July 17, 2019, authorizes 
discharges of seafood processing waste from vessels that: Discharge at 
least 3 nautical miles (NM) or greater from the Alaska shore; and, 
which engage in the processing of fresh, frozen, canned, smoked, salted 
or pickled seafood, the processing of mince, or the processing of meal, 
paste and other secondary by-products. On March 30, 2020, the Freezer 
Longline Coalition (FLC) requested that EPA modify the permit to allow 
for a currently-prohibited seasonal discharge (between June 10 and 
December 31, the fleet's ``B Season'') within 1 NM of wintering 
critical habitat (Unit 5) for the spectacled eider. According to the 
FLC, the requested modification is a result of changing fish migration 
patterns and ice coverage in the Bering Sea, and is ``necessary to 
ensure the continued commercial viability of its members.'' While 
requested by FLC, a permit modification would apply to all vessels 
covered under the Permit. EPA has tentatively decided to modify the 
permit to allow for discharge within 1 NM of

[[Page 11997]]

Unit 5 during the fleet's B season. All other conditions of the permit 
will remain unchanged. EPA is only accepting comments on the modified 
authorization for vessels to seasonally discharge within 1 NM of 
spectacled eider wintering critical habitat (Part III.B.7 of the 
modified general permit). Only the conditions subject to modification 
are reopened for public comment.

DATES: Comments on the proposed modification must be received by March 
31, 2021.

ADDRESSES: Comments on the proposed modification should be sent 
electronically to [email protected].

FOR FURTHER INFORMATION CONTACT: Permit documents may be found on the 
EPA Region 10 website at: https://www.epa.gov/npdes-permits/npdes-general-permit-offshore-seafood-processors-alaska. Copies of the draft 
modified general permit and fact sheet are also available upon request. 
Requests may be made to Audrey Washington at (206) 553-0523 or to Sally 
Goodman at (206) 553-0782. Requests may also be electronically mailed 
to: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    There are currently 73 vessel operators authorized to discharge 
under the permit. In October 2019, FLC reported to EPA that within the 
past two fishing seasons, sea ice in the Bering Sea had not reached as 
far south, formed later in the year, and persisted for a shorter 
duration, and that as a result, a large percentage of the Pacific cod 
population in the Bering Sea have migrated further north than 
previously found/harvested, including areas near and within spectacled 
eider wintering habitat. Under 40 CFR 122.62(a)(2), EPA has tentatively 
decided to modify the permit. While FLC raised the issue of Pacific cod 
migrating into more northern reaches of the Bering Sea as a primary 
motivation in their permit modification request, the modification 
allowing discharge within 1 NM of Unit 5 would apply to all vessels 
covered under EPA's General Permit, which include both hook and line 
(``longline'') and trawl catcher processors, and would not be 
conditioned upon targeted species. The At-Sea Processors Association, 
which represents trawl catcher processor vessels, has indicated that up 
to 12 pelagic trawlers could potentially target pollock within 1 NM of 
Unit 5, assuming the permit is modified.
    EPA has conducted new analyses to identify impacts to spectacled 
eiders and their critical habitat that could result from the proposed 
modification, revised the previously concurred-upon Biological 
Evaluation (BE), and on July 9, 2020, requested formal consultation 
with USFWS under 50 CFR part 402. New analyses conducted in the BE have 
led EPA to change its previous determination from not likely to 
adversely affect the federally threatened spectacled eider or its 
critical habitat to likely to adversely affect the species or critical 
habitat. USFWS concurred on the EPA's determination that the Permit 
actions are likely to adversely affect species listed under the 
Endangered Species Act or designated critical habitat. The draft 
Biological Opinion, received on November 10, 2020, includes mitigations 
to minimize take and impact on species and habitat, which are also 
included in the Permit. They are: Permittees must create a Best 
Management Practices Plan; discharges are not authorized in certain 
protected areas and habitats; vessels must be moving while discharging; 
permittees must conduct daily sea surface monitoring; and, EPA will use 
the information gathered from visual monitoring in evaluation during 
the next permit cycle.

II. Other Legal Requirements

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

Daniel D. Opalski,
Director, Water Division, Region 10.
[FR Doc. 2021-04105 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P