[Federal Register: October 17, 2003 (Volume 68, Number 201)]
[Proposed Rules]
[Page 59771-59772]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc03-24]
[[Page 59771]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[I.D. 101003B]
Pelagic Fisheries Managed Under the Fishery Management Plan,
Pelagic Fisheries of the Western Pacific Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Intent to prepare a Supplemental Environmental Impact
Statement (SEIS); notice of scoping meetings; request for written
comments.
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SUMMARY: The NMFS and the Western Pacific Fishery Management Council,
(Council), announce their intent to prepare an SEIS in accordance with
the National Environmental Policy Act of 1969 (NEPA) on the Federal
management of pelagic fishery resources in the waters of the United
States exclusive economic zone, (EEZ), around the State of Hawaii, the
territories of American Samoa and Guam, the Commonwealth of the
Northern Mariana Islands (CNMI) and several western Pacific remote
islands and atolls under direct Federal jurisdiction.
The NMFS will convene public scoping meetings to solicit comments
on pelagic fishery issues and potential management options related to
those issues. The scope of the EIS analysis will include, among other
things, interactions of fisheries managed under the Fishery Management
Plan for Pelagic Fisheries of the Western Pacific Region (Pelagics
FMP).
The scoping meetings will provide for public input on the issues,
range of alternatives, and impacts the SEIS should consider. Written
comments will also be accepted concerning the various management
options the SEIS should consider.
DATES: See SUPPLEMENTARY INFORMATION for specific dates, times, and
locations of the meetings.
ADDRESSES: Written comments on the issues, priorities, range of
alternatives, and impacts that should be discussed in the SEIS may be
sent to Sam Pooley, Acting Regional Administrator, NMFS, Pacific
Islands Regional Office, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI
96814. Comments may be sent via facsimile (fax) at 808-973-2941 and
must be received by December 15, 2003.
FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, NMFS, 808-973-2937.
SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), the United
States has exclusive management authority over all living marine
resources found within the EEZ. The management of these marine
resources with the exception of sea birds and some marine mammals, is
vested in the Secretary of Commerce (Secretary). Eight Regional Fishery
Management Councils prepare fishery management plans for approval and
implementation by the Secretary. The Council has the responsibility to
prepare fishery management plans for fishery resources in the EEZ of
the Western Pacific Region. NEPA requires preparation of an EIS for
major Federal actions significantly impacting the quality of the human
environment.
The pelagics fishery resources that occur in the EEZ waters of the
Western Pacific Region, have been managed under the Pelagics FMP and
its amendments since 1986. Managed resources include both marketable,
(primarily billfish and tunas), and non-marketable, (primarily sharks),
species. Fisheries managed include pelagic longline, troll, handline,
pole-and-line (bait boat), and charter boat fisheries. Management
measures employed include gear restrictions, vessel size limitations,
time and area closures, access limitations and other measures.
The largest fishery managed under this plan is the Hawaii-based,
limited-access pelagic longline fishery. Emergency regulations imposed
on this fishery in 2001, and subsequent final regulations promulgated
in 2002 eliminated the ``shallow set'' component of this fishery that
targeted swordfish. The remaining component of this fishery is a ``deep
set'' tuna-targeting fishery. On August 31, 2003, a Memorandum Opinion
issued in Hawaii Longline Assoc. v. NMFS, (D. D.C., Civ No. 01-765),
invalidated the June 12, 2002 (67 FR 40232), final regulations as well
as the November 15, 2002, Biological Opinion for Pelagic Fisheries of
the Western Pacific and the associated incidental take statement. This
had the immediate effect of leaving the Pelagics FMP in place without
restrictions that NMFS had concluded in March 2001 were necessary to
eliminate the likelihood that fishing pursuant to the Pelagics FMP
would jeopardize the continued existence of species listed under the
Endangered Species Act (ESA). To avoid this disruption, on October 6,
2003, the Court postponed the effectiveness of its action until April
1, 2004, to allow the agency to take appropriate action. Consequently,
NMFS and the Council are considering fishery management measures to
comply with ESA requirements for sea turtle protection. During the week
of October 20, 2003, the Council is expected to consider longer-term
proposals for the fishery.
The regulatory situation is thus subject to change. Additionally,
recent research has identified practical measures (e.g., bait-setting
chute; side-setting operations) that have significant potential for
reducing interactions of the longline fleet with seabirds. As a
consequence, it is now appropriate to re-examine in an SEIS the
management measures imposed to minimize interactions between the
Hawaii-based longline fishery and protected species. Also, since
publication of the EIS for the Pelagics FMP, issues associated with
marlins (billfish) and fish aggregating devices have surfaced, and a
new industrial-scale squid fishery has emerged in Hawaii. The
environmental impacts and need for management to address these matters
are currently unknown. These issues will also be examined in the SEIS.
Comments and public input on any and all aspects of Pelagics FMP
management are solicited and will be accepted during scoping. Input is
especially sought on priorities to apply in addressing management
issues and initiatives. The agency anticipates that certain measures
will require expedited treatment. Others may be addressed on a longer
timetable.
Public Involvement
Public scoping is an early and open process for determining the
scope of issues to be addressed. A principle objective of the scoping
and public involvement process is to identify a reasonable range of
management alternatives that, with adequate analysis, will delineate
critical issues and provide a clear basis for distinguishing between
those alternatives and selecting a preferred alternative.
Alternatives
Scoping is being conducted to establish a reasonable range of
alternatives, which may include modification of the current management
regimes for the Hawaii-based longline fishery including, but not
limited to, gear restrictions and requirements, time and area closures,
limited access permits and reporting requirements, and catch limits;
inclusion of certain squid species as Management Unit Species under the
Pelagics FMP; and imposition
[[Page 59772]]
on the squid fishery of management measures including, but not limited
to, observer coverage and reporting requirements. In addition to
developing possible alternatives, the scoping meetings will serve to
identify and eliminate the issues which are not significant or which
have been covered by prior environmental review.
Dates, Times, and Locations for Public Scoping Meetings
1. Tuesday, October 21, 2003, at 6 p.m. at Fisherman's Wharf
Restaurant, 1009 Ala Moana Blvd. Honolulu, HI;
2. Monday, October 27, 2003, at 7 p.m. at the Chiefess Kamakahelei
Middle School, 4431 Nuhou St., Lihue, Kauai, HI;
3. Tuesday, October 28, 2003, at 7 p.m. at the Maui Beach Hotel,
170 Kaahumanu Ave., Kahului, Maui, HI;
4. Thursday, October 30, 2003, at 7 p.m. at the King Kamehameha
Hotel, 75-5660 Palani Rd., Kailua-Kona, HI;
5. Thursday, November 6, 2003, at 7 p.m. at the Department of
Marine Resources and Wildlife Conference Room, Dockside, Pago Pago
Harbor, American Samoa;
6. Wednesday, December 3, 2003, 7 p.m. at the Pedro P. Tenorio
Multipurpose Bldg., Susupe, Saipan, CNMI;
7. December 4, 2003, 7 p.m. at the Guam Fisherman's Cooperative,
Lot 12 section 4, Greg D. Perez Marina, Hagatna, Guam.
Special Accommodations
These meetings are physically accessible to people with
disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to Alvin Katekaru, 808-973-2937
(voice) or 808-973-2941(fax), at least five days prior to the meeting
date.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 10, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-26295 Filed 10-14-03; 2:35 pm]
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