[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23360-23361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09193]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10023-17-Region 10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final modification of NPDES general permit.

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SUMMARY: The Director, Water Division, Environmental Protection Agency 
(EPA) Region 10, is modifying 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. EPA has decided to modify the permit 
to allow for seasonal discharge (between June 10 and December 31) 
within 1 NM of wintering critical habitat (Unit 5) for the spectacled 
eider (Part III.B.7 of the modified general permit). All other 
conditions of the permit remain unchanged. Between March 1 and March 
31, 2021, EPA accepted comments on the proposed modification. Only the 
conditions subject to modification were reopened for public comment. 
EPA received a single comment letter from the FLC. The comments were 
non-significant and supported the proposed modification; therefore, EPA 
is not required to prepare a Response to Comments document.

DATES: The issuance date of the modified General Permit is May 3, 2021. 
The modified General Permit will become effective June 2, 2021.

ADDRESSES: 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.

FOR FURTHER INFORMATION CONTACT: Copies of the 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. 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 permit 
modification allowing seasonal discharge within 1 NM of Unit 5 applies

[[Page 23361]]

to all vessels covered under EPA's General Permit, which include both 
hook and line (``longline'') and trawl catcher processors, and is 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.
    EPA conducted new analyses to identify impacts to spectacled eiders 
and their critical habitat that could result from the 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 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 Biological Opinion, received on March 8, 2021, 
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. 2021-09193 Filed 4-30-21; 8:45 am]
BILLING CODE 6560-50-P