81_FR_5122 81 FR 5102 - Pacific Fishery Management Council; Notice of Intent To Prepare an Environmental Impact Statement

81 FR 5102 - Pacific Fishery Management Council; Notice of Intent To Prepare an Environmental Impact Statement

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 20 (February 1, 2016)

Page Range5102-5105
FR Document2016-01759

NMFS and the Pacific Fishery Management Council (Council) announce their intent to prepare an environmental impact statement (EIS) in accordance with the National Environmental Policy Act (NEPA) of 1969 to analyze the short- and long-term impacts on the human (biological, physical, social, and economic) environment of Amendment 28 to the Pacific Coast Groundfish Fishery Management Plan (FMP). This notice also requests written comment.

Federal Register, Volume 81 Issue 20 (Monday, February 1, 2016)
[Federal Register Volume 81, Number 20 (Monday, February 1, 2016)]
[Notices]
[Pages 5102-5105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01759]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE401


Pacific Fishery Management Council; Notice of Intent To Prepare 
an Environmental Impact Statement

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

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS); request for comments.

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

SUMMARY: NMFS and the Pacific Fishery Management Council (Council) 
announce their intent to prepare an environmental impact statement 
(EIS) in accordance with the National Environmental Policy Act (NEPA) 
of 1969 to analyze the short- and long-term impacts on the human 
(biological, physical, social, and economic) environment of Amendment 
28 to the Pacific Coast Groundfish Fishery Management Plan (FMP). This 
notice also requests written comment.

DATES: Public scoping will be conducted through this notice. Written 
comments must be received by 5 p.m. Pacific Standard Time on March 2, 
2016 (see SUPPLEMENTARY INFORMATION).

ADDRESSES: You may submit comments on issues and alternatives by any of 
the following methods:
     Email: [email protected].
     Fax: 360-753-9463, Attention Dr. John Stadler.

[[Page 5103]]

     Mail: Submit written comments to Dr. John Stadler, 
Essential Fish Habitat Coordinator, NMFS West Coast Region, 510 Desmond 
Drive SE., Lacey, WA 98503.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS.

FOR FURTHER INFORMATION CONTACT: Dr. John Stadler, Essential Fish 
Habitat Coordinator, NMFS West Coast Region at 360-534-9328 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background for Agency Actions and Proposed Action

    There are more than 90 species managed under the Pacific Coast 
Groundfish Fishery Management Plan (Groundfish FMP). These groundfish 
stocks support an array of commercial, recreational, and tribal fishing 
interests in state and Federal waters off the coasts of Washington, 
Oregon, and California. In addition, groundfish are also harvested 
incidentally in non-groundfish fisheries, most notably, the trawl 
fisheries for pink shrimp and California halibut.
    Amendment 28 to the FMP is intended to accomplish three goals: (1) 
Revise the essential fish habitat (EFH) components of the FMP; (2) make 
adjustments to the trawl Rockfish Conservation Areas (RCAs); and (3) 
use the discretionary authorities in the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA) to protect benthic habitats, 
including deep sea corals, from the adverse effects of fishing. These 
actions are described in detail below.

Essential Fish Habitat

    The MSA mandates that each regional fishery management council 
designate EFH for the species that they manage. EFH is defined as 
``those waters and substrate necessary to fish for spawning, breeding, 
feeding or growth to maturity.'' The regulations implementing the EFH 
provisions of the MSA (50 CFR 600.815) require or, in some cases, 
recommend that fishery management plans include the following 
components:
    1. A description and identification of EFH, including habitat 
information for each managed species and life stage;
    2. A description of the MSA fishing activities that may adversely 
affect EFH and management measures to minimize those effects to the 
extent practicable;
    3. A description of the non-MSA fishing activities that may 
adversely affect EFH, for example, those managed by state agencies;
    4. A description of the non-fishing activities that may adversely 
affect;
    5. and analysis, if feasible, of how the cumulative effects of 
fishing and non-fishing activities affect the function of EFH on an 
ecosystem or watershed scale;
    6. A description of conservation and enhancement measures that 
encourage the conservation of EFH, including recommended options to 
avoid, minimize, or compensate for the adverse effects of fishing and 
non-fishing activities;
    7. Identification of the major prey species of each species;
    8. Identification of habitat areas of particular concern (HAPCs); 
and
    9. Identification of research and information needs that the 
Council and NMFS view as necessary to improve upon the description and 
identification of EFH, the identification of threats to EFH from 
fishing and other activities, and the development of conservation and 
enhancement measures for EFH;
    10. A procedure for reviewing and revising, if warranted, the EFH 
components of the FMP.
    The PFMC designated EFH for Pacific Coast groundfish in 2005, and 
established the EFH components described above in Amendment 19 to the 
Groundfish FMP. In particular, the Council identified a number of EFH 
Conservation Areas (EFHCAs) where certain types of bottom-contact gear 
are prohibited to minimize the adverse effects of the groundfish 
fishery on EFH. Maps of the EFHCAs are available at: http://www.westcoast.fisheries.noaa.gov/publications/gis_maps/maps/groundfish/map-gfish-efh-close.pdf.
    Subsequently, and in accordance with the regulations, NMFS and the 
Council completed a review of the information available in 2013, and 
the Council issued a request for proposals on changes to these 10 
components. The Council received eight proposals, two of which were 
later withdrawn by the sponsors. Although these proposals covered a 
number of the EFH components, the Council determined that revisions 
were warranted for these five components: The essential fish habitat 
descriptions for each species and life stage; the description of the 
adverse effects of fishing on groundfish EFH and management measures to 
minimize those effects (i.e., the EFHCAs); the description of non-
fishing activities that may adversely affect EFH, conservation and 
enhancement measures that encourage the conservation of EFH; the 
research and information needs; and the procedure to review and revise 
the groundfish EFH components. In addition, minor clarifications and 
corrections to the FMP are warranted.

Trawl RCA Adjustment

    Trawl RCAs are areas that are closed to bottom-trawl gear to 
protect overfished species, primarily several species of rockfishes, 
and were first implemented in 2002. The trawl RCAs extend along the 
entire West Coast and is bounded by lines approximating particular 
depth contours. In recent years, the Council also considered 
modifications to control the bycatch of several non-overfished species 
(e.g., spiny dogfish, longnose skate, and rougheye rockfish). In 2011, 
the trawl fishery was rationalized by Amendment 20 to the groundfish 
FMP and participants are now individually accountable for their bycatch 
of individual fishing quota species. Due to the success of this program 
at reducing bycatch, the Council is now considering making adjustments 
to the RCA boundaries or eliminating them entirely.
    Although the trawl RCAs were implemented to control bycatch of 
overfished species, the habitats within them have been largely 
protected from bottom-trawl gear since their inception in 2002, even 
though trawling for pink shrimp has occurred in some areas. Because of 
the habitat protections afforded by the RCAs, the habitats that have 
not been trawled for pink shrimp have recovered, at least partially, 
from the effects of past bottom trawling. Therefore the Council will 
evaluate adjustments to the RCA at the same time they are considering 
revisions to the EFHCAs.

Prohibition of Bottom-Contact Gear in Water Deeper Than 3500 Meters

    When the Council adopted Amendment 19 to the groundfish FMP, it 
attempted to close waters deeper than 3500 meters to bottom trawling to 
minimize the effects of the fishery on groundfish EFH. However, because 
EFH did not extend beyond 3500 meters, NMFS disapproved that section of 
the amendment. The MSA contains several discretionary authorities that 
the Council may use to close these waters, regardless of their 
designation as EFH [MSA sections 303(b)(2)(A), 303(b)(2)(B), and 
303(b)(12)]. The Council is considering using those authorities to 
prohibit all bottom-contact gear in waters deeper than 3500 meters 
unless an exempted fishing permit is issued. At the present time, 
fishing with such gear at these depths is neither technically nor 
economically feasible; however, the Council and

[[Page 5104]]

NMFS view this as a precautionary measure that may help to protect 
these pristine and highly sensitive habitats.

Alternatives

    NEPA requires that agencies evaluate, in addition to the preferred 
alternative, a range of reasonable alternatives that addresses the 
purpose of and need for the agency action. The Council adopted a 
preliminary range of alternatives for analysis and public review at its 
meeting in September 2015 and is scheduled to review that range at its 
April 9-14, 2016, meeting.
    Alternatives to address EFH Components: Each of the EFH components 
has its own set of alternatives. The Council identified 15 action 
alternatives for analysis to modify the existing EFHCAs that prohibit 
bottom trawling. They include seven proposals received from various 
groups of stakeholders and Federal agencies. The proposals can be 
viewed at: www.pcouncil.org/2013/08/26497/gf-efh-received-proposals/. 
The seven proposals currently under consideration were submitted by:
    1. Monterey Bay National Marine Sanctuary--a proposal that 
addresses EFHCAs within the Sanctuary.
    2. Gulf of the Farallones National Marine Sanctuary (now the 
Greater Farallones National Marine Sanctuary)--a proposal that 
addresses EFHCAs within the Sanctuary.
    3. Fishermen's Marketing Association--a proposal to make a small 
change to the EFHCAs adjacent to the Eel River Canyon.
    4. Oceana, National Resources Defense Council, and Ocean 
Conservancy--a coast-wide proposal for modifying the EFHCAs.
    5. Marine Conservation Institute--a coast-wide proposal for 
modifying the EFHCAs.
    6. Greenpeace--a coast-wide proposal for modifying the EFHCAs.
    7. Northern and Central Collaborative Working Groups--a coast-wide 
proposal for modifying the EFHCAs.
    In addition to these seven proposals, the Council preliminarily 
identified other action alternatives for analysis. They are:
    8. Reopening those areas identified in the seven proposals 
described above. This alternative would not designate new areas for 
closure to bottom trawling. This is a coast-wide alternative.
    9. Designating new EFHCAs within the current trawl RCAs, based on 
priority habitats. This is a coast-wide alternative.
    10. Each of the six coast-wide alternatives (4 through 9) include 
changes to the EFHCAs within the usual and accustomed fishing areas 
(U&As) of the four Coastal Treaty Tribes in Washington (Ho, Makah, 
Quileute, and Quinault). These tribes are co-managers of the fishery 
resources within their U&As, and NMFS has a treaty-trust responsibility 
to address their concerns regarding our management decisions. 
Therefore, for each of these alternatives listed above (numbers 4-9), 
another alternative will be analyzed that excludes changes in the U&As.
    The remaining EFH components each have a single action alternative. 
They are:
     Use the best scientific information available to revise 
the descriptions of the habitat requirements for each species and life 
stage in Appendix B to the FMP (http://www.pcouncil.org/wp-content/uploads/GF_FMP_App_B2.pdf and http://www.pcouncil.org/wp-content/uploads/GF_FMP_App_B3.pdf).
     Use the best scientific information available to revise 
the description of the adverse effects of fishing on EFH in Appendix C, 
part 2, to the FMP (http://www.pcouncil.org/wp-content/uploads/GF_FMP_App_C2.pdf).
     Use the best scientific information available to revise 
the description of the non-fishing activities that may adversely affect 
EFH, and potential conservation measures to avoid, minimize, or 
mitigate those adverse effects in Appendix D to the FMP (http://www.pcouncil.org/wp-content/uploads/GF_FMP_App_D.pdf).
     Update the research and information needs for 
understanding the EFH requirements of the species managed under this 
FMP.
     Update the process to review and revise the groundfish EFH 
components of the FMP.
     Make minor clarifications and corrections to the EFH 
language in the FMP.
    Alternatives to adjust the Trawl RCAs: The Council preliminarily 
identified three action alternatives for making adjustments to the 
trawl RCAs. They are:
    1. Complete removal of the existing RCAs. This alternative would 
remove the RCAs along the entire West Coast, restoring access to all of 
the areas that were previously closed to minimize the bycatch of 
overfished species.
    2. Retaining a subset of the existing RCAs to protect overfished 
species. This alternative would restore access to some, but not all, of 
the areas that were closed to minimize bycatch of overfished species. 
The specific areas that would remain closed have not yet been 
identified.
    3. Retaining a larger subset of the existing RCAs to protect 
overfished species and act as a catch-control mechanism for non-
overfished species of groundfishes. The specific areas that would 
remain closed have not yet been identified.
    Alternative to prohibit bottom-contact gear in water deeper than 
3500 meters: The Council preliminarily identified a ``no action'' 
alternative that would not use the discretionary authorities and one 
action alternative that would prohibit bottom-contact gear in waters 
deeper than 3500 m, the seaward limit of EFH, out to the full extent of 
the U.S. exclusive economic zone. Waters that meet this description 
occur off the coast of California only, south of the Gorda Escarpment, 
and are shown on the map of groundfish EFH at: http://www.westcoast.fisheries.noaa.gov/publications/gis_maps/maps/groundfish/map-gfish-efh.pdf. An exempted fishing permit would be required before 
any bottom-contact fishery could start up in these waters.

Preliminary Identification of Environmental Issues

    A principal objective of the scoping and public input process is to 
identify potentially significant impacts to the human environment that 
should be analyzed in depth in the EIS. If, during the preparation of 
this EIS, NMFS determines that a finding of no significant impact can 
be supported, it may prepare an Environmental Assessment (EA) and issue 
a retraction of this notice. Alternatively, NMFS may still continue 
with the preparation of an EIS. Information and analysis prepared for 
this action also may be used when scoping future groundfish actions to 
help decide whether to prepare an EA or EIS.

Request for Comments

    NMFS provides this notice to: (1) Advise the public and other 
agencies of its plans to analyze effects related to the action, and (2) 
obtain suggestions and information that may be useful to the scope of 
issues and the full range of alternatives to include in the EIS.
    NMFS invites comment from all interested parties to ensure that the 
full range of issues related to Amendment 28 is identified. NMFS is 
specifically inviting comments on the proposed alternatives described 
above. In addition, NMFS invites comments on the types of habitats that 
should be prioritized for protection from the adverse effects of 
fishing gear. Comments should be as specific as possible.

[[Page 5105]]

    Written comments concerning the proposed action and the 
environmental review should be directed to NMFS as described above (see 
ADDRESSES). All comments and materials received, including names and 
addresses, will become part of the administrative record and may be 
released to the public.

Public Scoping Process

    Public scoping will be conducted through this notice. Further 
participation by the public will occur throughout the Council's 
decision-making process. All decisions during the Council process 
benefit from written and oral public comments delivered prior to or 
during the Council meeting. These public comments are considered 
integral to scoping for developing this EIS. Council meetings that 
offer opportunities for public involvement include the April 9-14, 
2016, meeting in Vancouver, Washington (Hilton Vancouver Washington, 
301 W. 6th Street, Vancouver, WA 98660). Future opportunities for 
public involvement have yet to be determined but will be posted in the 
Council Briefing Book (on the Council's Web site (http://www.pcouncil.org/council-operations/briefing-books/) prior to the 
meeting. For further information on these meetings, visit the Council's 
Web site, http://www.pcouncil.org/council-operations/council-meetings/future-meetings/.

Special Accommodations

    The Council meetings are physically accessible to people with 
disabilities.
    Requests for sign language interpretation or other auxiliary aids 
should be directed to Kris Kleinschmidt at [email protected] 
or (503) 820-2280 at least 5 days prior to the meeting date.

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

    Dated: January 27, 2016.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-01759 Filed 1-29-16; 8:45 am]
 BILLING CODE 3510-22-P



                                               5102                          Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Notices

                                               Assessment Part 2 for 2016 Ocean                        DEPARTMENT OF COMMERCE                                spawn and protecting natural habitats
                                               Salmon Fishery Regulations’’ is                                                                               that support spawning fish may act as
                                               scheduled to be posted on the Pacific                   National Oceanic and Atmospheric                      an effective strategy when managing a
                                               Council Web site at http://                             Administration                                        sustainable fish population. In the EA,
                                               www.pcouncil.org. The report will                                                                             the Council is also considering the
                                                                                                       RIN 0648–XD882
                                               include a description of the salmon                                                                           implementation of SMZs to protect
                                               management alternatives and a                           Fisheries of the Caribbean, Gulf of                   spawning snapper-grouper species in
                                               summary of their biological and                         Mexico, and South Atlantic; Snapper-                  the South Atlantic region, in addition to
                                               economic impacts. Public hearings will                  Grouper Fishery Off the South Atlantic                specifying the anchoring, transit, and
                                               be held to receive comments on the                      States; Amendment 36                                  sunset provisions. Sunset provisions
                                               proposed ocean salmon fishery                                                                                 designate the date that the SMZs would
                                                                                                       AGENCY:  National Marine Fisheries                    be removed from the regulations unless
                                               management alternatives adopted by the
                                                                                                       Service (NMFS), National Oceanic and                  retained through action by the Council
                                               Pacific Council. Written comments
                                                                                                       Atmospheric Administration (NOAA),                    and NMFS.
                                               received at the public hearings and a
                                                                                                       Commerce.                                                Authority: 16 U.S.C. 1801 et seq.
                                               summary of oral comments at the
                                                                                                       ACTION: Notice announcing the
                                               hearings will be provided to the Pacific                                                                        Dated: January 27, 2016.
                                               Council at its April meeting.                           preparation of an environmental
                                                                                                       assessment (EA).                                      Emily H. Menashes,
                                                  All public hearings begin at 7 p.m. at                                                                     Acting Director, Office of Sustainable
                                               the following locations:                                SUMMARY:   NMFS, Southeast Region, in                 Fisheries, National Marine Fisheries Service.
                                                  • March 28, 2016: Chateau Westport,                  collaboration with the South Atlantic                 [FR Doc. 2016–01756 Filed 1–29–16; 8:45 am]
                                               Beach Room, 710 West Hancock,                           Fishery Management Council (Council),                 BILLING CODE 3510–22–P

                                               Westport, WA 98595, telephone 360–                      is preparing an EA for Amendment 36
                                               268–9101.                                               to the Fishery Management Plan (FMP)
                                                                                                       for the Snapper-Grouper Fishery of the                DEPARTMENT OF COMMERCE
                                                  • March 28, 2016: Red Lion Hotel,                    South Atlantic Region (Amendment 36).
                                               South Umpqua Room, 1313 North                           Amendment 36 considers alternatives to                National Oceanic and Atmospheric
                                               Bayshore Drive, Coos Bay, OR 97420,                     implement special management zones                    Administration
                                               telephone 541–267–4141.                                 (SMZs) in the exclusive economic zone
                                                                                                                                                             RIN 0648–XE401
                                                  • March 29, 2016: Motel 6,                           of the South Atlantic. This notice is
                                               Convention Room, 400 South Main St,                     intended to inform the public of the
                                                                                                                                                             Pacific Fishery Management Council;
                                               Fort Bragg, CA 95437, telephone 707–                    change from the preparation of a draft
                                                                                                                                                             Notice of Intent To Prepare an
                                               964–4761.                                               environmental impact statement (DEIS)
                                                                                                                                                             Environmental Impact Statement
                                                                                                       to an EA for Amendment 36.
                                                  Comments on the alternatives the
                                                                                                       FOR FURTHER INFORMATION CONTACT: Rick                 AGENCY:  National Marine Fisheries
                                               Pacific Council adopts at its March 2016
                                                                                                       DeVictor, NMFS Southeast Regional                     Service (NMFS), National Oceanic and
                                               meeting, and described in Preseason
                                                                                                       Office, telephone: 727–824–5305, or                   Atmospheric Administration (NOAA),
                                               Report II, may be submitted in writing                                                                        Commerce.
                                                                                                       email: rick.devictor@noaa.gov.
                                               or electronically as described under
                                                                                                       SUPPLEMENTARY INFORMATION: An NOI to                  ACTION: Notice of intent to prepare an
                                               ADDRESSES, or verbally or in writing at
                                               any of the public hearings held on                      prepare a DEIS for Amendment 36 was                   environmental impact statement (EIS);
                                               March 28–29, 2016, or at the Pacific                    published in the Federal Register on                  request for comments.
                                               Council’s meeting, April 9–14, 2016, at                 April 8, 2015 (80 FR 18823). The NOI
                                                                                                       indicated that Amendment 36 would be                  SUMMARY:   NMFS and the Pacific Fishery
                                               the Hilton in Vancouver, WA. Details of                                                                       Management Council (Council)
                                               these meetings will be available on the                 supported by an environmental impact
                                                                                                       statement, which was the preliminary                  announce their intent to prepare an
                                               Pacific Council’s Web site (http://                                                                           environmental impact statement (EIS) in
                                               www.pcouncil.org) and will be                           determination at the time the original
                                                                                                       purpose and need of the amendment                     accordance with the National
                                               published in the Federal Register.                                                                            Environmental Policy Act (NEPA) of
                                                                                                       was drafted. In addition to publication
                                               Written and electronically submitted                                                                          1969 to analyze the short- and long-term
                                                                                                       of the NOI, the Council held scoping
                                               comments must be received no later                                                                            impacts on the human (biological,
                                                                                                       meetings for Amendment 36 from April
                                               than 11:59 p.m. Pacific Time, April 3,                                                                        physical, social, and economic)
                                                                                                       20–23, 2015. When the Council first
                                               2016, in order to be included in the                                                                          environment of Amendment 28 to the
                                                                                                       requested development of this
                                               briefing book for the April Council                                                                           Pacific Coast Groundfish Fishery
                                                                                                       amendment, they were considering
                                               meeting where they will be considered                   SMZs of comparably larger sizes. A                    Management Plan (FMP). This notice
                                               in the adoption of the Pacific Council’s                reassessment of the actions in                        also requests written comment.
                                               final recommendation for the 2016                       Amendment 36 relative to the National                 DATES: Public scoping will be conducted
                                               salmon fishery management measures.                     Environmental Policy Act indicates an                 through this notice. Written comments
                                               All comments received accordingly will                  EA is appropriate. Therefore, a DEIS                  must be received by 5 p.m. Pacific
                                               be reviewed and considered by the                       will not be prepared for Amendment 36                 Standard Time on March 2, 2016 (see
                                               Pacific Council and NMFS.                               at this time.                                         SUPPLEMENTARY INFORMATION).
                                                  Authority: 16 U.S.C. 1801 et seq.                       Through Amendment 36, the Council                  ADDRESSES: You may submit comments
rmajette on DSK2TPTVN1PROD with NOTICES




                                                 Dated: January 27, 2016.
                                                                                                       is considering modifications to the SMZ               on issues and alternatives by any of the
                                                                                                       process and framework procedures to                   following methods:
                                               Emily H. Menashes,                                      include the consideration of SMZs that                  • Email:
                                               Acting Director, Office of Sustainable                  would protect locations where snapper-                GroundfishAmendment28.wcr@
                                               Fisheries, National Marine Fisheries Service.           grouper species are likely to spawn and               noaa.gov.
                                               [FR Doc. 2016–01761 Filed 1–29–16; 8:45 am]             natural habitats that support spawning                  • Fax: 360–753–9463, Attention Dr.
                                               BILLING CODE 3510–22–P                                  fish. Protecting locations where fish                 John Stadler.


                                          VerDate Sep<11>2014   15:33 Jan 29, 2016   Jkt 238001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\01FEN1.SGM   01FEN1


                                                                             Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Notices                                            5103

                                                  • Mail: Submit written comments to                   affect EFH, for example, those managed                procedure to review and revise the
                                               Dr. John Stadler, Essential Fish Habitat                by state agencies;                                    groundfish EFH components. In
                                               Coordinator, NMFS West Coast Region,                       4. A description of the non-fishing                addition, minor clarifications and
                                               510 Desmond Drive SE., Lacey, WA                        activities that may adversely affect;                 corrections to the FMP are warranted.
                                               98503.                                                     5. and analysis, if feasible, of how the
                                                                                                       cumulative effects of fishing and non-                Trawl RCA Adjustment
                                                  Instructions: Comments sent by any
                                               other method, to any other address or                   fishing activities affect the function of                Trawl RCAs are areas that are closed
                                               individual, or received after the end of                EFH on an ecosystem or watershed                      to bottom-trawl gear to protect
                                               the comment period, may not be                          scale;                                                overfished species, primarily several
                                               considered by NMFS.                                        6. A description of conservation and               species of rockfishes, and were first
                                                                                                       enhancement measures that encourage                   implemented in 2002. The trawl RCAs
                                               FOR FURTHER INFORMATION CONTACT: Dr.
                                                                                                       the conservation of EFH, including                    extend along the entire West Coast and
                                               John Stadler, Essential Fish Habitat
                                                                                                       recommended options to avoid,                         is bounded by lines approximating
                                               Coordinator, NMFS West Coast Region
                                                                                                       minimize, or compensate for the adverse               particular depth contours. In recent
                                               at 360–534–9328 or john.stadler@
                                                                                                       effects of fishing and non-fishing                    years, the Council also considered
                                               noaa.gov.
                                                                                                       activities;                                           modifications to control the bycatch of
                                               SUPPLEMENTARY INFORMATION:                                 7. Identification of the major prey                several non-overfished species (e.g.,
                                               Background for Agency Actions and                       species of each species;                              spiny dogfish, longnose skate, and
                                                                                                          8. Identification of habitat areas of              rougheye rockfish). In 2011, the trawl
                                               Proposed Action
                                                                                                       particular concern (HAPCs); and                       fishery was rationalized by Amendment
                                                  There are more than 90 species                          9. Identification of research and                  20 to the groundfish FMP and
                                               managed under the Pacific Coast                         information needs that the Council and                participants are now individually
                                               Groundfish Fishery Management Plan                      NMFS view as necessary to improve                     accountable for their bycatch of
                                               (Groundfish FMP). These groundfish                      upon the description and identification               individual fishing quota species. Due to
                                               stocks support an array of commercial,                  of EFH, the identification of threats to              the success of this program at reducing
                                               recreational, and tribal fishing interests              EFH from fishing and other activities,                bycatch, the Council is now considering
                                               in state and Federal waters off the coasts              and the development of conservation                   making adjustments to the RCA
                                               of Washington, Oregon, and California.                  and enhancement measures for EFH;                     boundaries or eliminating them entirely.
                                               In addition, groundfish are also                           10. A procedure for reviewing and                     Although the trawl RCAs were
                                               harvested incidentally in non-                          revising, if warranted, the EFH                       implemented to control bycatch of
                                               groundfish fisheries, most notably, the                 components of the FMP.                                overfished species, the habitats within
                                               trawl fisheries for pink shrimp and                        The PFMC designated EFH for Pacific                them have been largely protected from
                                               California halibut.                                     Coast groundfish in 2005, and                         bottom-trawl gear since their inception
                                                  Amendment 28 to the FMP is                           established the EFH components                        in 2002, even though trawling for pink
                                               intended to accomplish three goals: (1)                 described above in Amendment 19 to                    shrimp has occurred in some areas.
                                               Revise the essential fish habitat (EFH)                 the Groundfish FMP. In particular, the                Because of the habitat protections
                                               components of the FMP; (2) make                         Council identified a number of EFH                    afforded by the RCAs, the habitats that
                                               adjustments to the trawl Rockfish                       Conservation Areas (EFHCAs) where                     have not been trawled for pink shrimp
                                               Conservation Areas (RCAs); and (3) use                  certain types of bottom-contact gear are              have recovered, at least partially, from
                                               the discretionary authorities in the                    prohibited to minimize the adverse                    the effects of past bottom trawling.
                                               Magnuson-Stevens Fishery                                effects of the groundfish fishery on EFH.             Therefore the Council will evaluate
                                               Conservation and Management Act                         Maps of the EFHCAs are available at:                  adjustments to the RCA at the same time
                                               (MSA) to protect benthic habitats,                      http://                                               they are considering revisions to the
                                               including deep sea corals, from the                     www.westcoast.fisheries.noaa.gov/                     EFHCAs.
                                               adverse effects of fishing. These actions               publications/gis_maps/maps/
                                                                                                       groundfish/map-gfish-efh-close.pdf.                   Prohibition of Bottom-Contact Gear in
                                               are described in detail below.
                                                                                                          Subsequently, and in accordance with               Water Deeper Than 3500 Meters
                                               Essential Fish Habitat                                  the regulations, NMFS and the Council                    When the Council adopted
                                                  The MSA mandates that each regional                  completed a review of the information                 Amendment 19 to the groundfish FMP,
                                               fishery management council designate                    available in 2013, and the Council                    it attempted to close waters deeper than
                                               EFH for the species that they manage.                   issued a request for proposals on                     3500 meters to bottom trawling to
                                               EFH is defined as ‘‘those waters and                    changes to these 10 components. The                   minimize the effects of the fishery on
                                               substrate necessary to fish for spawning,               Council received eight proposals, two of              groundfish EFH. However, because EFH
                                               breeding, feeding or growth to                          which were later withdrawn by the                     did not extend beyond 3500 meters,
                                               maturity.’’ The regulations                             sponsors. Although these proposals                    NMFS disapproved that section of the
                                               implementing the EFH provisions of the                  covered a number of the EFH                           amendment. The MSA contains several
                                               MSA (50 CFR 600.815) require or, in                     components, the Council determined                    discretionary authorities that the
                                               some cases, recommend that fishery                      that revisions were warranted for these               Council may use to close these waters,
                                               management plans include the                            five components: The essential fish                   regardless of their designation as EFH
                                               following components:                                   habitat descriptions for each species and             [MSA sections 303(b)(2)(A),
                                                  1. A description and identification of               life stage; the description of the adverse            303(b)(2)(B), and 303(b)(12)]. The
                                               EFH, including habitat information for                  effects of fishing on groundfish EFH and              Council is considering using those
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                                               each managed species and life stage;                    management measures to minimize                       authorities to prohibit all bottom-
                                                  2. A description of the MSA fishing                  those effects (i.e., the EFHCAs); the                 contact gear in waters deeper than 3500
                                               activities that may adversely affect EFH                description of non-fishing activities that            meters unless an exempted fishing
                                               and management measures to minimize                     may adversely affect EFH, conservation                permit is issued. At the present time,
                                               those effects to the extent practicable;                and enhancement measures that                         fishing with such gear at these depths is
                                                  3. A description of the non-MSA                      encourage the conservation of EFH; the                neither technically nor economically
                                               fishing activities that may adversely                   research and information needs; and the               feasible; however, the Council and


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                                               5104                          Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Notices

                                               NMFS view this as a precautionary                       changes to the EFHCAs within the usual                   3. Retaining a larger subset of the
                                               measure that may help to protect these                  and accustomed fishing areas (U&As) of                existing RCAs to protect overfished
                                               pristine and highly sensitive habitats.                 the four Coastal Treaty Tribes in                     species and act as a catch-control
                                                                                                       Washington (Ho, Makah, Quileute, and                  mechanism for non-overfished species
                                               Alternatives
                                                                                                       Quinault). These tribes are co-managers               of groundfishes. The specific areas that
                                                  NEPA requires that agencies evaluate,                of the fishery resources within their                 would remain closed have not yet been
                                               in addition to the preferred alternative,               U&As, and NMFS has a treaty-trust                     identified.
                                               a range of reasonable alternatives that                 responsibility to address their concerns                 Alternative to prohibit bottom-contact
                                               addresses the purpose of and need for                   regarding our management decisions.                   gear in water deeper than 3500 meters:
                                               the agency action. The Council adopted                  Therefore, for each of these alternatives             The Council preliminarily identified a
                                               a preliminary range of alternatives for                 listed above (numbers 4–9), another                   ‘‘no action’’ alternative that would not
                                               analysis and public review at its                       alternative will be analyzed that                     use the discretionary authorities and
                                               meeting in September 2015 and is                        excludes changes in the U&As.                         one action alternative that would
                                               scheduled to review that range at its                      The remaining EFH components each                  prohibit bottom-contact gear in waters
                                               April 9–14, 2016, meeting.                              have a single action alternative. They                deeper than 3500 m, the seaward limit
                                                  Alternatives to address EFH                          are:                                                  of EFH, out to the full extent of the U.S.
                                               Components: Each of the EFH                                • Use the best scientific information              exclusive economic zone. Waters that
                                               components has its own set of                           available to revise the descriptions of               meet this description occur off the coast
                                               alternatives. The Council identified 15                 the habitat requirements for each                     of California only, south of the Gorda
                                               action alternatives for analysis to                     species and life stage in Appendix B to               Escarpment, and are shown on the map
                                               modify the existing EFHCAs that                         the FMP (http://www.pcouncil.org/wp-                  of groundfish EFH at: http://
                                               prohibit bottom trawling. They include                  content/uploads/GF_FMP_App_B2.pdf                     www.westcoast.fisheries.noaa.gov/
                                               seven proposals received from various                   and http://www.pcouncil.org/wp-                       publications/gis_maps/maps/
                                               groups of stakeholders and Federal                      content/uploads/GF_FMP_App_B3.pdf).                   groundfish/map-gfish-efh.pdf. An
                                               agencies. The proposals can be viewed                      • Use the best scientific information              exempted fishing permit would be
                                               at: www.pcouncil.org/2013/08/26497/gf-                  available to revise the description of the            required before any bottom-contact
                                               efh-received-proposals/. The seven                      adverse effects of fishing on EFH in                  fishery could start up in these waters.
                                               proposals currently under consideration                 Appendix C, part 2, to the FMP
                                               were submitted by:                                                                                            Preliminary Identification of
                                                                                                       (http://www.pcouncil.org/wp-content/
                                                  1. Monterey Bay National Marine                                                                            Environmental Issues
                                                                                                       uploads/GF_FMP_App_C2.pdf).
                                               Sanctuary—a proposal that addresses                        • Use the best scientific information                 A principal objective of the scoping
                                               EFHCAs within the Sanctuary.                            available to revise the description of the            and public input process is to identify
                                                  2. Gulf of the Farallones National                   non-fishing activities that may adversely             potentially significant impacts to the
                                               Marine Sanctuary (now the Greater                       affect EFH, and potential conservation                human environment that should be
                                               Farallones National Marine                              measures to avoid, minimize, or                       analyzed in depth in the EIS. If, during
                                               Sanctuary)—a proposal that addresses                    mitigate those adverse effects in                     the preparation of this EIS, NMFS
                                               EFHCAs within the Sanctuary.                            Appendix D to the FMP (http://                        determines that a finding of no
                                                  3. Fishermen’s Marketing
                                                                                                       www.pcouncil.org/wp-content/uploads/                  significant impact can be supported, it
                                               Association—a proposal to make a small
                                                                                                       GF_FMP_App_D.pdf).                                    may prepare an Environmental
                                               change to the EFHCAs adjacent to the
                                                                                                          • Update the research and                          Assessment (EA) and issue a retraction
                                               Eel River Canyon.
                                                                                                       information needs for understanding the               of this notice. Alternatively, NMFS may
                                                  4. Oceana, National Resources
                                                                                                       EFH requirements of the species                       still continue with the preparation of an
                                               Defense Council, and Ocean
                                                                                                       managed under this FMP.                               EIS. Information and analysis prepared
                                               Conservancy—a coast-wide proposal for
                                               modifying the EFHCAs.                                      • Update the process to review and                 for this action also may be used when
                                                  5. Marine Conservation Institute—a                   revise the groundfish EFH components                  scoping future groundfish actions to
                                               coast-wide proposal for modifying the                   of the FMP.                                           help decide whether to prepare an EA
                                               EFHCAs.                                                    • Make minor clarifications and                    or EIS.
                                                  6. Greenpeace—a coast-wide proposal                  corrections to the EFH language in the
                                                                                                                                                             Request for Comments
                                               for modifying the EFHCAs.                               FMP.
                                                  7. Northern and Central Collaborative                   Alternatives to adjust the Trawl RCAs:                NMFS provides this notice to: (1)
                                               Working Groups—a coast-wide proposal                    The Council preliminarily identified                  Advise the public and other agencies of
                                               for modifying the EFHCAs.                               three action alternatives for making                  its plans to analyze effects related to the
                                                  In addition to these seven proposals,                adjustments to the trawl RCAs. They                   action, and (2) obtain suggestions and
                                               the Council preliminarily identified                    are:                                                  information that may be useful to the
                                               other action alternatives for analysis.                    1. Complete removal of the existing                scope of issues and the full range of
                                               They are:                                               RCAs. This alternative would remove                   alternatives to include in the EIS.
                                                  8. Reopening those areas identified in               the RCAs along the entire West Coast,                    NMFS invites comment from all
                                               the seven proposals described above.                    restoring access to all of the areas that             interested parties to ensure that the full
                                               This alternative would not designate                    were previously closed to minimize the                range of issues related to Amendment
                                               new areas for closure to bottom                         bycatch of overfished species.                        28 is identified. NMFS is specifically
                                               trawling. This is a coast-wide                             2. Retaining a subset of the existing              inviting comments on the proposed
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                                               alternative.                                            RCAs to protect overfished species. This              alternatives described above. In
                                                  9. Designating new EFHCAs within                     alternative would restore access to                   addition, NMFS invites comments on
                                               the current trawl RCAs, based on                        some, but not all, of the areas that were             the types of habitats that should be
                                               priority habitats. This is a coast-wide                 closed to minimize bycatch of                         prioritized for protection from the
                                               alternative.                                            overfished species. The specific areas                adverse effects of fishing gear.
                                                  10. Each of the six coast-wide                       that would remain closed have not yet                 Comments should be as specific as
                                               alternatives (4 through 9) include                      been identified.                                      possible.


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                                                                             Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Notices                                                        5105

                                                 Written comments concerning the                       (‘‘PRA’’), this notice announces that the             a request for an extension of a currently
                                               proposed action and the environmental                   Information Collection Request (‘‘ICR’’)              approved information collection.
                                               review should be directed to NMFS as                    abstracted below has been forwarded to                   Abstract: On April 3, 2012, the
                                               described above (see ADDRESSES). All                    the Office of Management and Budget                   Commission adopted Commission
                                               comments and materials received,                        (‘‘OMB’’) for review and comment. The                 regulation 1.71 (Conflicts of interest
                                               including names and addresses, will                     ICR describes the nature of the                       policies and procedures by futures
                                               become part of the administrative record                information collection and its expected               commission merchants and introducing
                                               and may be released to the public.                      costs and burden.                                     brokers) 1 pursuant to section 4d(c) 2 of
                                               Public Scoping Process                                  DATES: Comments must be submitted on                  the Commodity Exchange Act (‘‘CEA’’).
                                                                                                       or before March 2, 2016.                              Commission regulation 1.71 requires
                                                 Public scoping will be conducted                                                                            generally that, among other things,
                                                                                                       ADDRESSES: Comments regarding the
                                               through this notice. Further                                                                                  futures commission merchants
                                                                                                       burden estimated or any other aspect of
                                               participation by the public will occur                                                                        (‘‘FCM’’) 3 and introducing brokers
                                                                                                       the information collection, including
                                               throughout the Council’s decision-                                                                            (‘‘IB’’) 4 develop conflicts of interest
                                                                                                       suggestions for reducing the burden,
                                               making process. All decisions during                                                                          procedures and disclosures, adopt and
                                                                                                       may be submitted directly to the Office
                                               the Council process benefit from written                                                                      implement written policies and
                                                                                                       of Information and Regulatory Affairs
                                               and oral public comments delivered                                                                            procedures reasonably designed to
                                                                                                       (‘‘OIRA’’) in OMB, within 30 days of the
                                               prior to or during the Council meeting.                                                                       ensure compliance with their conflicts
                                                                                                       notice’s publication, by email at
                                               These public comments are considered                                                                          of interest and disclosure obligations,
                                                                                                       OIRAsubmissions@omb.eop.gov. Please
                                               integral to scoping for developing this                                                                       and maintain specified records related
                                                                                                       identify the comments by OMB Control
                                               EIS. Council meetings that offer                                                                              to those requirements.5 The
                                                                                                       No. 3038–0078. Please provide the
                                               opportunities for public involvement                                                                          Commission believes that the
                                                                                                       Commodity Futures Trading
                                               include the April 9–14, 2016, meeting in                                                                      information collection obligations
                                                                                                       Commission (‘‘CFTC’’ or
                                               Vancouver, Washington (Hilton                                                                                 imposed by Commission regulation 1.71
                                                                                                       ‘‘Commission’’) with a copy of all
                                               Vancouver Washington, 301 W. 6th                                                                              are essential (i) to ensuring that FCMs
                                                                                                       submitted comments at the address
                                               Street, Vancouver, WA 98660). Future                                                                          and IBs develop and maintain the
                                                                                                       listed below. Please refer to OMB
                                               opportunities for public involvement                                                                          conflicts of interest systems, procedures
                                                                                                       Reference No. 3038–0078, found on
                                               have yet to be determined but will be                                                                         and disclosures required by the CEA,
                                                                                                       http://reginfo.gov. Comments may also
                                               posted in the Council Briefing Book (on                                                                       and Commission regulations, and (ii) to
                                                                                                       be mailed to the Office of Information
                                               the Council’s Web site (http://                                                                               the effective evaluation of these
                                                                                                       and Regulatory Affairs, Office of
                                               www.pcouncil.org/council-operations/                                                                          registrants’ actual compliance with the
                                                                                                       Management and Budget, Attention:
                                               briefing-books/) prior to the meeting.                                                                        CEA and Commission regulations. An
                                                                                                       Desk Officer for the Commodity Futures
                                               For further information on these                                                                              agency may not conduct or sponsor, and
                                                                                                       Trading Commission, 725 17th Street
                                               meetings, visit the Council’s Web site,                                                                       a person is not required to respond to,
                                                                                                       NW., Washington, DC 20503, or
                                               http://www.pcouncil.org/council-                                                                              a collection of information unless it
                                                                                                       submitted through the Agency’s Web
                                               operations/council-meetings/future-                                                                           displays a currently valid OMB control
                                                                                                       site at http://comments.cftc.gov. Follow
                                               meetings/.                                                                                                    number. The Commission did not
                                                                                                       the instructions for submitting
                                               Special Accommodations                                  comments through the Web site.                        receive any comments on the 60-day
                                                                                                          Comments may also be mailed to:                    Federal Register notice, 80 FR 73732,
                                                  The Council meetings are physically                                                                        dated November 25, 2015.
                                               accessible to people with disabilities.                 Christopher Kirkpatrick, Secretary of the
                                                                                                       Commission, Commodity Futures                            Burden Statement: The Commission
                                                  Requests for sign language                                                                                 is revising its estimate of the burden for
                                               interpretation or other auxiliary aids                  Trading Commission, Three Lafayette
                                                                                                       Centre, 1155 21st Street NW.,                         this collection to reflect the current
                                               should be directed to Kris Kleinschmidt                                                                       number of registered FCMs and IBs.
                                               at Kris.Kleinschmidt@noaa.gov or (503)                  Washington, DC 20581 or by Hand
                                                                                                       Delivery/Courier at the same address.                 Accordingly, the respondent burden for
                                               820–2280 at least 5 days prior to the                                                                         this collection is estimated to be as
                                               meeting date.                                              A copy of the supporting statements
                                                                                                       for the collection of information                     follows:
                                                  Authority: 16 U.S.C. 1801 et seq.                    discussed above may be obtained by                       Number of Registrants: 1,362.6
                                                 Dated: January 27, 2016.                              visiting http://RegInfo.gov. All                         Estimated Average Burden Hours per
                                               Emily H. Menashes,                                      comments must be submitted in                         Registrant: 44.5.
                                               Deputy Director, Office of Sustainable                  English, or if not, accompanied by an                    Estimated Aggregate Burden Hours:
                                               Fisheries, National Marine Fisheries Service.           English translation. Comments will be                 60,609.
                                               [FR Doc. 2016–01759 Filed 1–29–16; 8:45 am]             posted as received to http://                            Frequency of Recordkeeping/Third-
                                               BILLING CODE 3510–22–P
                                                                                                       www.cftc.gov.                                         party Disclosure: As applicable.
                                                                                                       FOR FURTHER INFORMATION CONTACT:                         Authority: 44 U.S.C. 3501 et seq.
                                                                                                       Jacob Chachkin, Special Counsel,
                                               COMMODITY FUTURES TRADING                               Division of Swap Dealer and                             1 17 CFR 1.71.
                                               COMMISSION                                              Intermediary Oversight, Commodity                       27  U.S.C. 6d(c).
                                                                                                       Futures Trading Commission, (202)                       3 For the definition of FCM, see section 1a(28) of

                                               Agency Information Collection                           418–5496, email: jchachkin@cftc.gov,                  the CEA and Commission regulation 1.3(p). 7 U.S.C.
                                                                                                                                                             1a(28) and 17 CFR 1.3(p).
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                                               Activities Under OMB Review                             and refer to OMB Control No. 3038–                      4 For the definition of IB, see section 1a(31) of the
                                                                                                       0078.
                                               AGENCY: Commodity Futures Trading                                                                             CEA and Commission regulation 1.3(mm). 7 U.S.C.
                                               Commission.                                             SUPPLEMENTARY INFORMATION:                            1a(31) and 17 CFR 1.3(mm).
                                                                                                                                                               5 See 17 CFR 1.71.
                                               ACTION: Notice.                                           Title: Conflicts of Interest Policies and             6 Reflects a slight reduction in the number of
                                                                                                       Procedures by Futures Commission                      registered FCMs and IBs provided in the 60-day
                                               SUMMARY: In compliance with the                         Merchants and Introducing Brokers                     Federal Register notice, 80 FR 73732 (November 25,
                                               Paperwork Reduction Act of 1995                         (OMB Control No. 3038–0078). This is                  2015).



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Document Created: 2016-01-30 01:17:08
Document Modified: 2016-01-30 01:17:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to prepare an environmental impact statement (EIS); request for comments.
DatesPublic scoping will be conducted through this notice. Written comments must be received by 5 p.m. Pacific Standard Time on March 2, 2016 (see SUPPLEMENTARY INFORMATION).
ContactDr. John Stadler, Essential Fish Habitat Coordinator, NMFS West Coast Region at 360-534-9328 or [email protected]
FR Citation81 FR 5102 
RIN Number0648-XE40

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