81 FR 57567 - Pacific Island Fisheries; Aquaculture

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range		57567-57569
FR Document		2016-20048

NMFS, in coordination with the Western Pacific Fishery Management Council (Council), intends to prepare a Programmatic Environmental Impact Statement (PEIS) to analyze the potential environmental impacts of a proposed Pacific Islands Region (PIR) aquaculture management program and alternatives. Publication of this notice begins the official public scoping process to help identify alternatives and determine the scope of environmental issues for consideration in the PEIS. The PEIS is intended to support offshore aquaculture development, including appropriate management unit species (MUS) for aquaculture, reasonably foreseeable types of offshore aquaculture operations, and permitting and reporting requirements for persons conducting aquaculture activities in Federal waters.

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)

[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Notices]
[Pages 57567-57569]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-20048]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE812

Pacific Island Fisheries; Aquaculture

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

ACTION: Notice of intent to prepare a Programmatic Environmental Impact
Statement; request for comments.

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SUMMARY: NMFS, in coordination with the Western Pacific Fishery
Management Council (Council), intends to prepare a Programmatic
Environmental Impact Statement (PEIS) to analyze the potential
environmental impacts of a proposed Pacific Islands Region (PIR)
aquaculture management program and alternatives. Publication of this
notice begins the official public scoping process to help identify
alternatives and determine the scope of environmental issues for
consideration in the PEIS. The PEIS is intended to support offshore
aquaculture development, including appropriate management unit species
(MUS) for aquaculture, reasonably foreseeable types of offshore
aquaculture operations, and permitting and reporting requirements for
persons conducting aquaculture activities in Federal waters.

DATES: See SUPPLEMENTARY INFORMATION section for meeting dates. NMFS
must receive comments by October 31, 2016.

ADDRESSES: You may submit comments on this action, identified by NOAA-
NMFS-2016-0111, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/docket?D=NOAA-NMFS-2016-0111, click the ``Comment
Now!'' icon, complete the required fields, and enter or attach your
comments.
Mail: Send written comments to Michael D. Tosatto,
Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp
Blvd., Bldg. 176, Honolulu, HI 96818.
Scoping Meeting: Submit written comments at a scoping
meeting held by NMFS for this action.
Instructions: You must submit comments by the above methods to
ensure that NMFS receives, documents, and considers your comments. NMFS
may not consider comments sent by any other method, to any other
address or individual, or received after the end of the comment period.
NMFS will consider all comments received as part of the public record
and will generally post comments for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address) submitted voluntarily by the sender
will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: David Nichols, NMFS, Pacific Islands
Regional Office, (808) 725-5180.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage fisheries in
U.S. Federal waters in the Pacific Islands through five fishery
ecosystem plans (FEPs). The Council recommended amending the five FEPs
to establish a management program for aquaculture fisheries under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). NMFS is working with the Council to develop a management
program that would regulate and promote environmentally sound and
economically sustainable aquaculture in Federal waters of the Pacific
Islands Region.
In compliance with the National Environmental Policy Act (NEPA) and
consistent with Council recommendations, the intent of the PEIS is to
evaluate the potential direct, indirect, and cumulative impacts on the
human environment of the proposed Federal action that includes
alternative management approaches to implementing an aquaculture
management program in the PIR. NEPA requires NMFS to consider the
potential impacts of the proposed action and reasonable alternatives to
inform the selection of a final preferred alternative for the proposed
Pacific Islands aquaculture management program.
Under the Magnuson-Stevens Act, NMFS has authority to regulate
commercial fisheries in Federal waters, including aquaculture. Landings
or possession of fish in the EEZ from the commercial marine aquaculture
production of any species managed under an FEP in the PIR constitutes
``fishing'' as defined in Magnuson-Stevens Act Section 3(16). Fishing
includes all activities and operations related to the taking, catching,
or harvesting of fish. The U.S. EEZ in the Pacific Islands generally
consists of waters from 3 nm to 200 nm around American Samoa, Guam,
Hawaii, the Commonwealth of the Northern Mariana Islands (CNMI), Baker
Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef,
Midway Island, Wake Island, and Palmyra Atoll and includes all islands
and reefs appurtenant to such islands, reefs, or atolls.
With the exception of coral reef ecosystem species, there is no
requirement for Federal permits to conduct aquaculture for MUS in
Federal waters. The existing regulatory process is complex and requires
multiple permits from several different Federal agencies, including the
U.S. Environmental Protection Agency (EPA), U.S. Army Corps of
Engineers (USACE), and NMFS.
The preliminary proposed Federal action will identify areas and
species suitable for offshore aquaculture, describe the reasonably
foreseeable types of offshore aquaculture operations, and provide an
early assessment of the potential social, economic, and environmental
impacts of such proposed activities. Completing a PEIS for an
aquaculture management program will facilitate the review and
processing of aquaculture fishery proposals, supporting NEPA reviews
for future projects.
The PEIS will include information that NMFS would use to understand
the potential effects of managing aquaculture in compliance with
applicable laws, including the Magnuson-Stevens Act, Endangered Species
Act (ESA), Marine Mammal Protection Act (MMPA), the Coastal Zone
Management Act (CZMA), and other applicable laws. In addition, the PEIS
would allow for intergovernmental public review and input as NMFS
develops and considers approval of the management program. The
development and content of the PEIS must also be consistent with the
NOAA Administrative Orders (NAO) 216-6A as

[[Page 57568]]

amended, and the Council on Environmental Quality (CEQ) regulations at
Title 40, Code of Federal Regulations, Sections 1500-1508. NMFS will
also prepare economic analyses consistent with the Regulatory
Flexibility Act and a regulatory impact review under Executive Order
12866 to consider in its decision-making for the aquaculture management
program. Scoping is an early and open process for determining the
scope, or range, of issues that NMFS should address in a PEIS and for
identifying the significant issues related to the proposed action. NMFS
will also use this scoping process to seek information relating to the
extent to which greenhouse gas emissions and climate change impacts
associated with the proposed action. NMFS is also soliciting
information to consider the effects of the proposed project on historic
properties, if any such properties are present.
NMFS has developed two preliminary alternatives for consideration
during scoping: A ``no-action,'' or status-quo, aquaculture management
alternative, and an alternative that incorporates recommendations from
Council meetings since 2008 regarding the development of aquaculture
requirements for the five FEPs. The preliminary alternatives shown in
Table 1 include a suite of eight possible management actions to
consider in the development of a sustainable aquaculture management
program for each FEP. NMFS based the preliminary proposed action on
Council recommendations and the goals and objectives for responsible
development and management of aquaculture in Federal waters. These
goals and objectives are in the NOAA Aquaculture Policy Statement
(available here: http://www.nmfs.noaa.gov/aquaculture/policy/24_aquaculture_policies.html). Under Preliminary Proposed Alternative
1, the No-Action Alternative, NMFS would not implement a permit process
for aquaculture in the PIR. The Council and NMFS may provide guidance
to potential aquaculture operators, consistent with Council aquaculture
recommendations, NMFS Aquaculture Policy, and other applicable guidance
and laws. Under this alternative, NMFS would not have a management
program specific to each FEP (Table 1). The draft PEIS must include an
evaluation of the No-Action Alternative in accordance with NEPA.
Preliminary Proposed Alternative 2 would establish an aquaculture
management program that includes elements from each of the eight
actions listed in Table 1. Recent Council input on a Pacific Islands
Region aquaculture management plan have resulted in recommendations
that aquaculture operations do the following:
1. Follow a Council-established review process;
2. Contain permitting and reporting requirements for aquaculture
operations including criteria for a limited entry program; and
3. Include environmental monitoring and inspection requirements in
the FEP amendment that are consistent with requirements already in
place by the State of Hawaii.
Actions include developing a permit process that allows managers to
control participation and developing monitoring and reporting
requirements to monitor effort, catch, and environmental impacts as the
program develops. Potential aquaculture operators would need to acquire
a Federal permit from NMFS (Table 1).

Table 1--Preliminary Proposed Alternatives for Consideration During the
Scoping Process on the Development of a Sustainable, Aquaculture
Management Program in the PIR EEZ
------------------------------------------------------------------------
Alternative 2--
Alternative 1-- establish an
Action status quo/no action aquaculture
management program
for Federal waters
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Action 1: Aquaculture Permit NMFS currently has Alternative 2 would
Requirements, Eligibility no aquaculture establish
and Transferability. management program. eligibility,
Fishing with new application
gear type, requirements, and
including net pens, restrictions for
for coral reef transferable
ecosystem MUS may aquaculture
require a Special permits.
Coral Reef
Ecosystem Fishing
Permit (SCREFP) in
the EEZ.
Action 2: Operational SCREFP requirements Alternative 2 would
Requirements. for coral reef establish
ecosystem MUS are operational
developed on case- requirements
by-case basis. specific to the
aquaculture system.
Action 3: Duration of Under the status-quo An aquaculture
Permits. SCREFPs are permit would be
effective for no effective for
longer than one either five, 10, or
year unless 20 years and may be
otherwise specified. renewed in multi-
year increments.
Action 4: Allowable Marine Alternative 1 does Alternative 2 would
Aquaculture Systems. not specify allow only cages
allowable systems and net pens for
for growing aquaculture in the
cultured organisms PIR EEZ of specific
in the PIR EEZ. size and
construction.
Deviations from
these systems would
require additional
analysis.
Action 5: Species Allowed Under Alternative 1 Alternative 2 would
for Aquaculture. only coral reef allow aquaculture
ecosystem MUS are of only finfish in
required to have a the PIR EEZ.
permit when using
new gear type,
including net pen
gear. No
restrictions exist
for other MUS.
Action 6: Aquaculture Siting Alternative 1 does Alternative 2 would
Requirements and Conditions. not restrict or establish marine
otherwise identify aquaculture zones,
aquaculture within which NMFS
locations. would permit
individual sites.
Separate facilities
within these zones
would be spaced at
distances based on
facility size and
oceanographic,
biological and
human use
considerations.
Action 7: Record-keeping and The NMFS Regional Alternative 2 would
Reporting Requirements. Administrator has establish
authority to electronic record-
specify record- keeping and
keeping and reporting
reporting requirements that
requirements in a address, at a
SCREFP. minimum,
escapement,
entanglements and
interactions with
protected species,
pathogens and
disease, brood
stock harvest,
water quality
monitoring, and
aquaculture
harvest. Applicants
must conduct a
baseline assessment
and monitoring at
the site.
Action 8: Framework Under Alternative 1, Under Alternative 2,
Procedures. specific framework NMFS would specify
procedures for framework
modifying procedures for
aquaculture modifying
management measures management measures
would not be for offshore marine
identified. aquaculture in the
PIR EEZ.
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[[Page 57569]]

NMFS recognizes that any alternatives considered in the draft PEIS
will be based on the combined input from the public, research
institutions, fishermen, non-governmental organizations, and affected
State and Federal agencies, and Council processes. A principal
objective of the scoping process is to identify a range of alternatives
that will delineate critical issues and provide a clear basis for
distinguishing among those alternatives, and to support the selection
of a preferred alternative. NMFS is seeking input during scoping
regarding the eight actions in Table 1 that make up the features of an
aquaculture management program to assist in developing the reasonable
range of alternatives to analyze in the draft PEIS.
In addition, NMFS is seeking input from the public on the issues
that NMFS should address in the draft PEIS related to an aquaculture
management program and the potential direct, indirect, and cumulative
effects of the alternatives on the human environment. After NMFS
analyzes a set of management alternatives, the Council may recommend a
preferred proposed Federal action alternative. NMFS would then analyze
the preferred alternative and a reasonable range of alternatives in a
draft PEIS.

Public Involvement

Through this notice, we are notifying the public that NMFS has
initiated a NEPA analysis and decision-making process for this proposed
action so that interested or affected people may participate and
contribute to the development of a final set of alternatives and
analysis of environmental effects for NMFS and the Council to consider
for an aquaculture management program. Public involvement will provide
the information required by NMFS and the Council to identify the
necessary scope and range of reasonable management alternatives
including the need for additional alternatives that will provide a
sound and scientific basis for developing a sustainable and long-term
aquaculture management program in the PIR.
NMFS will again ask for additional public comments once NMFS
publishes the Draft PEIS, probably in late spring 2017. You may find
more information about the NMFS aquaculture program and the progress of
the PEIS at http://www.fpir.noaa.gov/SFD/SFD_aq.html.

Meetings

NMFS will hold the following public scoping meetings. All meetings
will be from 6 p.m. to 9 p.m.

1. Pago Pago, AS, Thursday, September 8, 2016, NOAA Fisheries
Conference Room, Pago Plaza, Suite 208, Pago Pago, AS 96799.
2. Hilo, HI, Tuesday, September 13, 2016, University of Hawaii at Hilo,
United Classroom Building (UCB) 111, 200 W. Kawili St., Hilo, HI 96720.
3. Kailua-Kona, HI, Wednesday, September 14, 2016, West Hawaii Civic
Center, Community Meeting Hale (Bldg. G), 74-5044 Ane Keohokalole Hwy.,
Kailua-Kona, HI 96740.
4. Honolulu, HI, Thursday, October 13, 2016, NOAA Fisheries Honolulu
Service Center at Pier 38, Honolulu Harbor, 1139 N. Nimitz Hwy., Suite
220, Honolulu, HI 96817.

NMFS is also planning to hold scoping meetings in the CNMI and Guam
during October 2016. NMFS will announce the details of these meetings
in a separate Federal Register notice.

Dated: August 17, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-20048 Filed 8-22-16; 8:45 am]
BILLING CODE 3510-22-P

57568 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Notices

amended, and the Council on development of aquaculture No-Action Alternative in accordance
Environmental Quality (CEQ) requirements for the five FEPs. The with NEPA.
regulations at Title 40, Code of Federal preliminary alternatives shown in Table Preliminary Proposed Alternative 2
Regulations, Sections 1500–1508. NMFS 1 include a suite of eight possible would establish an aquaculture
will also prepare economic analyses management actions to consider in the management program that includes
consistent with the Regulatory development of a sustainable elements from each of the eight actions
Flexibility Act and a regulatory impact aquaculture management program for listed in Table 1. Recent Council input
review under Executive Order 12866 to each FEP. NMFS based the preliminary on a Pacific Islands Region aquaculture
consider in its decision-making for the proposed action on Council management plan have resulted in
aquaculture management program. recommendations and the goals and recommendations that aquaculture
Scoping is an early and open process for objectives for responsible development operations do the following:
determining the scope, or range, of and management of aquaculture in 1. Follow a Council-established
issues that NMFS should address in a review process;
Federal waters. These goals and
PEIS and for identifying the significant 2. Contain permitting and reporting
objectives are in the NOAA Aquaculture
issues related to the proposed action. requirements for aquaculture operations
NMFS will also use this scoping process Policy Statement (available here: http:// including criteria for a limited entry
to seek information relating to the extent www.nmfs.noaa.gov/aquaculture/ program; and
to which greenhouse gas emissions and policy/24_aquaculture_policies.html). 3. Include environmental monitoring
climate change impacts associated with Under Preliminary Proposed Alternative and inspection requirements in the FEP
the proposed action. NMFS is also 1, the No-Action Alternative, NMFS amendment that are consistent with
soliciting information to consider the would not implement a permit process requirements already in place by the
effects of the proposed project on for aquaculture in the PIR. The Council State of Hawaii.
historic properties, if any such and NMFS may provide guidance to Actions include developing a permit
properties are present. potential aquaculture operators, process that allows managers to control
NMFS has developed two preliminary consistent with Council aquaculture participation and developing
alternatives for consideration during recommendations, NMFS Aquaculture monitoring and reporting requirements
scoping: A ‘‘no-action,’’ or status-quo, Policy, and other applicable guidance to monitor effort, catch, and
aquaculture management alternative, and laws. Under this alternative, NMFS environmental impacts as the program
and an alternative that incorporates would not have a management program develops. Potential aquaculture
recommendations from Council specific to each FEP (Table 1). The draft operators would need to acquire a
meetings since 2008 regarding the PEIS must include an evaluation of the Federal permit from NMFS (Table 1).

TABLE 1—PRELIMINARY PROPOSED ALTERNATIVES FOR CONSIDERATION DURING THE SCOPING PROCESS ON THE
DEVELOPMENT OF A SUSTAINABLE, AQUACULTURE MANAGEMENT PROGRAM IN THE PIR EEZ
Alternative 2—establish an aquaculture management
Action Alternative 1—status quo/no action program for Federal waters

Action 1: Aquaculture Permit NMFS currently has no aquaculture management pro- Alternative 2 would establish eligibility, application re-
Requirements, Eligibility gram. Fishing with new gear type, including net pens, quirements, and restrictions for transferable aqua-
and Transferability. for coral reef ecosystem MUS may require a Special culture permits.
Coral Reef Ecosystem Fishing Permit (SCREFP) in
the EEZ.
Action 2: Operational Re- SCREFP requirements for coral reef ecosystem MUS Alternative 2 would establish operational requirements
quirements. are developed on case-by-case basis. specific to the aquaculture system.
Action 3: Duration of Permits Under the status-quo SCREFPs are effective for no An aquaculture permit would be effective for either five,
longer than one year unless otherwise specified. 10, or 20 years and may be renewed in multi-year in-
crements.
Action 4: Allowable Marine Alternative 1 does not specify allowable systems for Alternative 2 would allow only cages and net pens for
Aquaculture Systems. growing cultured organisms in the PIR EEZ. aquaculture in the PIR EEZ of specific size and con-
struction. Deviations from these systems would re-
quire additional analysis.
Action 5: Species Allowed Under Alternative 1 only coral reef ecosystem MUS are Alternative 2 would allow aquaculture of only finfish in
for Aquaculture. required to have a permit when using new gear type, the PIR EEZ.
including net pen gear. No restrictions exist for other
MUS.
Action 6: Aquaculture Siting Alternative 1 does not restrict or otherwise identify Alternative 2 would establish marine aquaculture zones,
Requirements and Condi- aquaculture locations. within which NMFS would permit individual sites.
tions. Separate facilities within these zones would be
spaced at distances based on facility size and ocean-
ographic, biological and human use considerations.
Action 7: Record-keeping The NMFS Regional Administrator has authority to Alternative 2 would establish electronic record-keeping
and Reporting Require- specify record-keeping and reporting requirements in and reporting requirements that address, at a min-
sradovich on DSK3GMQ082PROD with NOTICES

ments. a SCREFP. imum, escapement, entanglements and interactions
with protected species, pathogens and disease,
brood stock harvest, water quality monitoring, and
aquaculture harvest. Applicants must conduct a
baseline assessment and monitoring at the site.
Action 8: Framework Proce- Under Alternative 1, specific framework procedures for Under Alternative 2, NMFS would specify framework
dures. modifying aquaculture management measures would procedures for modifying management measures for
not be identified. offshore marine aquaculture in the PIR EEZ.

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Document Created: 2018-02-09 11:39:55
Document Modified: 2018-02-09 11:39:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of intent to prepare a Programmatic Environmental Impact Statement; request for comments.
Dates		See SUPPLEMENTARY INFORMATION section for meeting dates. NMFS must receive comments by October 31, 2016.
Contact		David Nichols, NMFS, Pacific Islands Regional Office, (808) 725-5180.
FR Citation		81 FR 57567
RIN Number		0648-XE81

81 FR 57567 - Pacific Island Fisheries; Aquaculture

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 163 (August 23, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration