[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 43996-43999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17126]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID: 0648-XB307]


Environmental Impact Statement on Phase 2 Modifications to the 
Atlantic Large Whale Take Reduction Plan To Reduce Serious Injury and 
Mortality of Large Whales in Commercial Trap/Pot and Gillnet Fisheries 
Along the U.S. East Coast

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

ACTION: Notice of intent to prepare an environmental impact statement, 
request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) intends to begin 
a rulemaking process that will amend the Atlantic Large Whale Take 
Reduction Plan (Plan) to reduce the risk of mortalities and serious 
injuries of North Atlantic right whales (Eubalaena glacialis) and other 
large whales caused by entanglement in commercial trap/pot and gillnet 
fisheries along the U.S. East Coast. An Environmental Impact Statement 
(EIS) will be prepared in accordance with the National Environmental 
Policy Act (NEPA) to analyze the impacts to the environment of 
alternatives to amend the Plan. This notice informs the public of 
upcoming scoping meetings to solicit public input on Phase 2 of our 
efforts to reduce the risk of entanglement to right, humpback, and fin 
whales in U.S. commercial fisheries managed under the Plan. Phase 1, a 
final rule implementing new modifications to reduce mortalities and 
serious injuries caused by incidental entanglement in the northeast 
American lobster and Jonah crab trap/pot fishery, is anticipated 
shortly, and was analyzed in a Final Environmental Impact Statement 
released (FEIS) on July 2, 2021. Phase 2 focuses on risk reduction in 
U.S. East Coast gillnet, Atlantic mixed species trap/pot, and Mid-
Atlantic lobster and Jonah crab trap/pot fisheries.

DATES: Written or electronic scoping inputs must be received at the 
appropriate address, email mailbox, or phone number (see ADDRESSES) by 
October 21, 2021.
    Public Hearings: At least seven virtual public meetings will be 
held during the public comment period. In addition, we will be holding 
three call-in days for interested parties to call and speak to a NMFS 
staff member to ask questions or submit information and 
recommendations.
    See ADDRESSES to obtain public hearing and call-in day notification 
details. Scoping will also occur through presentations and discussions 
at the Atlantic States Marine Fisheries Commission and New England, 
Mid-Atlantic, and South Atlantic Fishery Management Council meetings 
during the scoping period.

ADDRESSES: You may submit input on this document via email. Submit all 
electronic public comments by sending an email to 
[email protected] using the subject line ``Comments on 
Atlantic Large Whale Take Reduction Plan Scoping.'' Input can also be 
provided via webinar during scoping meetings or via phone on call-in 
days. Remote public meeting dates, access, and call-in information is 
available in the SUPPLEMENTARY INFORMATION section. Meeting information 
will also be posted on the Plan website fisheries.noaa.gov/ALWTRP, or 
you may contact Marisa Trego for information on dates and times.

FOR FURTHER INFORMATION CONTACT: Marisa Trego, Take Reduction Team 
Coordinator, Greater Atlantic Region. Telephone: 978 282-8484. Address: 
55 Great Republic Drive, Gloucester, MA 01930. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 43997]]

Purpose and Need for Proposed Action

    The proposed action for analysis in the EIS would be NMFS 
rulemaking to modify the Plan to reduce mortalities and serious 
injuries from incidental commercial fishing gear entanglements in U.S. 
East Coast gillnet fisheries as well as trap/pot fisheries, including 
the Atlantic mixed species and Mid-Atlantic lobster and Jonah crab 
fisheries. NMFS' purpose for the proposed action is to fulfill the 
mandates of the MMPA to reduce incidental mortalities and serious 
injuries of large whales to below each stock's potential biological 
removal (PBR) level.
    North Atlantic right whales are listed as endangered under the 
Endangered Species Act (ESA) and considered depleted under the Marine 
Mammal Protection Act (MMPA). After more than two decades of an 
increasing trend, the right whale population has been declining since 
2010, and the most recent estimate of 368 whales in 2019 (Pace 2021) is 
well below the optimum sustainable population. This estimate represents 
a minimum population number and reflects new research suggesting that 
many mortalities occur undetected (Pace et al. 2021). The decline was 
exacerbated by an Unusual Mortality Event (UME) that began in 2017, 
when a total of 17 confirmed dead right whales were documented. As of 
July 2021, the UME totals 50 individuals, comprising 34 right whale 
mortalities and an additional 16 seriously injured right whales. Of 
these 50 individuals, 18 definitively involved entanglement and another 
5 were probable entanglements. During this period (2017-2021), only 40 
calves have been born.
    One of the primary causes of mortality and serious injury of North 
Atlantic right whales is entanglement in fishing gear. Climate change 
and associated changes in prey abundance and distribution are 
exacerbating the population decline by shifting the overlap between 
right whales and fisheries and reducing the population's resilience to 
stressors. With mortalities continuing to outpace births, the 
population decline continues and further mitigation of entanglements 
that cause mortality or serious injury is necessary for population 
recovery.
    The MMPA mandates that NMFS develop and implement Take Reduction 
Plans for preventing the depletion and assisting in the recovery of 
certain marine mammal stocks that are killed or seriously injured 
incidental to commercial fisheries. Pursuant to the MMPA, NMFS convenes 
Take Reduction Teams composed of stakeholders to develop 
recommendations that achieve a short-term goal of reducing mortalities 
and serious injuries of marine mammals covered by the plan to a rate 
below each stock's PBR level. NMFS considers those recommendations when 
implementing Take Reduction Plans through the rulemaking process.
    The Atlantic Large Whale Take Reduction Team (Team) was first 
convened in 1996 to recommend measures to reduce mortalities and 
serious injuries of right, humpback, and fin whales incidental to 
certain commercial fisheries. NMFS implements measures under the Plan. 
Since 1997, the Plan has been amended several times to reduce the 
impacts of fishing gear on large whales in the region through measures 
that include area closures, gear configuration requirements, and gear 
marking rules. A final rule implementing new modifications to reduce 
mortalities and serious injuries caused by entanglement in the 
northeast American lobster and Jonah crab trap/pot fishery is 
anticipated shortly, and was analyzed in a FEIS released on July 2, 
2021 (86 FR 35288).
    In 2021, the Team convened to address large whale mortalities and 
serious injuries caused by entanglements in the U.S. East Coast 
gillnet, Atlantic mixed species trap/pot, and mid-Atlantic lobster and 
Jonah crab trap/pot fisheries. Specifically, these fisheries include: 
(1) Mid-Atlantic gillnet fisheries for monkfish, spiny dogfish, smooth 
dogfish, bluefish, weakfish, menhaden, spot, croaker, striped bass, 
large and small coastal sharks, Spanish mackerel, king mackerel, 
American shad, black drum, skate species, yellow perch, white perch, 
herring, scup, kingfish, spotted seatrout, and butterfish; (2) 
Northeast sink gillnet fisheries for Atlantic cod, haddock, pollock, 
yellowtail flounder, winter flounder, witch flounder, American plaice, 
windowpane flounder, spiny dogfish, monkfish, silver hake, red hake, 
white hake, ocean pout, skate spp, mackerel, redfish, and shad; (3) 
Northeast drift gillnet fisheries for shad, herring, mackerel, and 
menhaden and any residual large pelagic driftnet effort in New England; 
(4) Southeast Atlantic gillnet fisheries for finfish, including, but 
not limited to: King mackerel, Spanish mackerel, whiting, bluefish, 
pompano, spot, croaker, little tunny, bonita, jack crevalle, cobia, and 
striped mullet; (5) Southeast Atlantic shark gillnet fisheries for 
large and small coastal sharks, including but not limited to blacktip, 
blacknose, finetooth, bonnethead, and sharpnose sharks; (6) Northeast 
anchored float gillnet fishery for mackerel, herring (particularly for 
bait), shad, and menhaden; and (7) Atlantic mixed species trap/pot 
fisheries for hagfish, shrimp, conch/whelk, red crab, Jonah crab, rock 
crab, black sea bass, scup, tautog, cod, haddock, Pollock, redfish 
(ocean perch), white hake, spot, skate, catfish, stone crab, and 
cunner; (8) Mid-Atlantic trap/pot fisheries for lobster and Jonah crab, 
and (9) Atlantic trap/pot fishery for Atlantic blue crab.
    The Team met most recently on June 28 and July 1, 2021, to discuss 
the types of management actions that should be included in scoping to 
decrease the risk and severity of right whale and other large whale 
entanglements in the above-listed fisheries. Further information about 
the Plan and the 2021 Team meetings where potential management measures 
were discussed, including recordings of all the meetings, can be found 
at the Team's website: https://www.fisheries.noaa.gov/alwtrp.

Preliminary Description of Proposed Action and Alternatives

    NMFS will consider suites of regulatory measures that would modify 
existing Plan requirements to address ongoing large whale 
entanglements. The primary purpose of the Plan modifications is to 
reduce the mortality and serious injury of right whales in U.S. East 
Coast gillnet, Atlantic mixed species trap/pot, and Mid-Atlantic 
lobster and Jonah crab trap/pot fisheries. In addition to the proposed 
action and the no action alternative, potential alternatives that the 
draft EIS may analyze include measures that would reduce or weaken line 
in gear associated with these fisheries, to reduce co-occurrence of 
this gear and right whales, and to improve identification of entangling 
gear. For gillnet fisheries, possible management options include 
changing configurations such as increasing the minimum number of net 
panels per set to reduce endline numbers, gear tending or daytime-only 
sets for gillnets, installation of weak links at panels and weak rope 
that breaks at forces of less than 1,700 lb, establishing seasonal 
restricted areas, and expanding gear marking requirements. For trap/pot 
fisheries, possible management options include changing configurations 
such as traps per trawl to reduce endline numbers and installation of 
weak inserts or ropes that break at forces of less than 1,700 lb, 
establishment of seasonal restricted areas, and expansion of gear 
marking requirements.
    NEPA (42 U.S.C. 4321 et al.) requires that Federal agencies conduct 
an

[[Page 43998]]

environmental analysis of their proposed actions to determine if the 
actions may significantly affect the human environment. NMFS has 
determined that an EIS should be prepared under NEPA for the purpose of 
informing rulemaking to modify the Plan. We will prepare an EIS in 
accordance with NEPA requirements, as amended (42 U.S.C. 4321 et al.); 
NEPA implementing regulations (40 CFR 1500-1508); and other Federal 
laws, regulations, and policies. Reasonable alternatives that are 
identified during the scoping period will be evaluated in the draft 
EIS.

Summary of Expected Impacts

    The draft EIS will identify and describe the potential effects of 
the proposed action on the human environment that are reasonably 
foreseeable and have a reasonably close causal relationship to the 
proposed action. This includes such effects that occur at the same time 
and place as the proposed action or alternatives and such effects that 
are later in time or occur in a different place. The proposed action 
may include, but is not limited to, modifications to configurations of 
fishing gear, modification to fishing seasons and/or areas, and 
modifications to gear marking requirements. Expected potential impacts 
to commercial fishermen in the above-mentioned fisheries may include, 
but are not limited to, additional costs and labor for modifying gear 
configurations and gear markings, and reduced profit due to reduced 
catches, access to fishing grounds, or seasons. Expected potential 
impacts to Atlantic large whales include, but are not limited to, 
reduced mortality and serious injury due to a reduction in entanglement 
in fishing gear or reduced severity of any entanglements that do occur. 
Other potential impacts may include, but are not limited to, impacts 
(both beneficial and adverse) to other marine life, cultural resources, 
demographics, employment, and economics. These expected potential 
impacts will be analyzed in the draft and final EIS.

Schedule for the Decision-Making Process

    After the draft EIS is completed, NMFS will publish a notice of 
availability (NOA) and request public comments on the draft EIS. NMFS 
expects to issue the NOA in the Fall of 2022. After the public comment 
period ends, NMFS will review, consider, and respond to comments 
received and will develop the final EIS. NMFS expects to make the final 
EIS available to the public in 2023. A record of decision will be 
completed no sooner than 30 days after the final EIS is released, in 
accordance with 40 CFR 1506.11.
    Scoping Process: This NOI commences the public scoping process for 
identifying issues and potential alternatives for consideration. 
Throughout the scoping process, Federal agencies, state, tribal, local 
governments, and the general public have the opportunity to help NMFS 
determine reasonable alternatives and potential measures to be analyzed 
in the EIS, as well as to provide additional information.
    NMFS will hold virtual public scoping meetings at the following 
dates and times (eastern):
     Thursday, September 9, 2021, 6:30-8:30 p.m., for Maryland, 
Delaware, Virginia, Northern North Carolina trap/pot fisheries;
     Tuesday, September 14, 2021, 6:30-8:30 p.m., for Rhode 
Island, Connecticut, New York, and New Jersey trap/pot fisheries;
     Tuesday, September 21, 2021, 6:30-8:30 p.m., for Maine, 
New Hampshire, Massachusetts, and Rhode Island trap/pot fisheries;
     Thursday, September 23, 2021, 6:30-8:30 p.m., for Rhode 
Island, Connecticut, New York, and New Jersey gillnet fisheries;
     Tuesday, October 5, 2021, 6:30-8:30 p.m., for Southern 
North Carolina, South Carolina, Georgia, Florida, all gear;
     Tuesday, October 12, 2021, 6:30-8:30 p.m., for Maryland, 
Delaware, Virginia, Northern North Carolina gillnet fisheries;
     Thursday, October 14, 2021, 6:30-8:30 p.m., for Maine, New 
Hampshire, Massachusetts, and Rhode Island gillnet fisheries.
    To register, go to our website: https://www.fisheries.noaa.gov/alwtrp. NMFS will also hold public call-in days:
     Friday, October 1, 2021, 12 noon to 6 p.m.
     Monday, October 4, 2021, 8 a.m. to 3 p.m.
     Tuesday, October 12, 10 a.m. to 4 p.m.
    For more information on how to call, go to our website: https://www.fisheries.noaa.gov/alwtrp.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    Everyone potentially impacted by or interested in changes to the 
Plan, and particularly, management of commercial trap/pot and gillnet 
fisheries along the East Coast, is invited to participate in the public 
scoping process by submitting written input, attending public scoping 
webinar meetings, or calling us during designated call-in days. This 
scoping process aims to gather input regarding the scope of actions to 
be proposed for rulemaking, the development of alternatives to analyze 
in the EIS, and the potential impacts of management actions.
    For gillnet fisheries, the Team discussed and NMFS requests input 
on management options, particularly concerning information about 
operational challenges, time, and costs required to change 
configurations such as net panels per set to reduce endline numbers, 
gear tending or daytime-only sets for gillnets, installation of weak 
inserts or rope that breaks at forces of less than 1,700 lb, to 
establish restricted areas, and to expand gear marking requirements. 
For trap/pot fisheries, the Team discussed and NMFS requests input on 
management options, particularly including information about 
operational challenges, time, and costs required to change 
configurations such as traps per trawl to reduce endline numbers and to 
install weak inserts or rope that breaks at forces of less than 1,700 
lb, to establish restricted areas, and to expand gear marking 
requirements.
    NMFS and the Team particularly request input on latent effort in 
U.S. East Coast gillnet and trap/pot operations that may affect 
measures designed to reduce gear that could entangle whales, potential 
impacts to fishery operations arising from gear modifications likely to 
be considered, potential risks and benefits to large whales, and 
information regarding whale distribution or behavior along the U.S. 
East Coast that should be considered in developing risk reduction 
measures. In addition to direct costs of replacing new gear, input is 
requested on indirect cost of gear modification measure alternatives, 
such as costs and time required to install sleeves, install weak rope, 
and mark gear, and costs related to fewer vertical lines, seasonal 
closures, or exempted areas. Information on the value of whale 
conservation and the economic benefits of whale conservation is also 
requested.
    NMFS and the Team also identified data needs to support future 
discussions, including data on open access fisheries, gear 
configurations across the fisheries, whale distribution, whale 
behavioral information, and gear marking. Data related to fishing gear 
configurations specific to areas or target species, how gear 
alterations measures may affect those fisheries, and how existing gear 
configurations contribute to large whale entanglement risk would

[[Page 43999]]

be very welcome. As an example, longer gear marks near the buoy and 
gear marks distinguishing permitting states, specific Federal and state 
water markings, and gear identification tape throughout buoy lines were 
analyzed in the FEIS released on July 2, 2021, for northeast lobster 
and Jonah crab trap/pot fisheries. One Team member suggested 
restricting fishing rope diameter to no greater than 0.5 inch (1.27 cm) 
to distinguish it from offshore Canadian gear.
    Information received through this scoping process will inform the 
development of alternative risk reduction measures for an environmental 
impact analysis. Only inputs and suggestions that are within the scope 
of the proposed actions will be considered when developing the 
alternatives for analysis in the EIS. This includes items related to 
reducing risk of mortality and serious injury of large whales due to 
entanglements in commercial U.S. fishing gear and improving gear 
marking to reduce uncertainty about where entanglements occur. The 
purpose is to develop measures to fulfill the requirements of Section 
118 of the MMPA, which regulates the taking of marine mammals 
incidental to U.S. commercial fishing operations. NMFS implements 
additional endangered species conservation and recovery programs under 
the ESA and also affords marine mammals protections under multiple 
programs pursuant to the MMPA. Therefore, for the purposes of the 
scoping period for this proposed action, we are not requesting input 
related to other stressors, such as vessel strikes, anthropogenic 
noise, natural mortality, international entanglement risk, offshore 
wind development, or climate change.
    To promote informed decision-making, input should be as specific as 
possible and should provide as much detail as necessary to allow a 
commenter's meaningful participation and fully inform NMFS of the 
commenter's position. Input should explain why the issues raised are 
important to the consideration of potential environmental impacts and 
alternatives to the proposed action, as well as economic and other 
impacts affecting the quality of the human environment.
    It is important that reviewers provide their input at such times 
and in such a manner that they are useful to the agency's preparation 
of the EIS. Comments should be provided prior to the close of the 
scoping period and should clearly articulate the reviewer's concerns 
and contentions. Input received in response to this solicitation, 
including names and addresses of those who comment, will be part of the 
public record for this proposed action. Input submitted anonymously 
will be accepted and considered.

Citations

Pace III, R.M. May 2021. Revisions and Further Evaluations of the 
Right Whale Abundance Model: Improvements for Hypothesis Testing. 
NOAA NEFSC Tech Memo 269.
Pace, R.M., R. Williams, S.D. Kraus, A.R. Knowlton, H.M. Pettis. 
2021. Cryptic mortality in North Atlantic right whales. Conserv. 
Sci. Pract. 3:e346.

    Authority: This NOI is published pursuant to NEPA, 42 U.S.C. 4321 
et al., and MMPA, 31 U.S.C. 1361 et al.

    Dated: August 6, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-17126 Filed 8-10-21; 8:45 am]
BILLING CODE 3510-22-P