82_FR_46942 82 FR 46749 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Essential Fish Habitat

82 FR 46749 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Essential Fish Habitat

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range46749-46752
FR Document2017-21560

The New England Fishery Management Council has submitted the Omnibus Essential Fish Habitat Amendment 2, incorporating an Environmental Impact Statement, for review by the Secretary of Commerce. NMFS is requesting comments from the public on the Omnibus Amendment, which was developed by the Council to revise the essential fish habitat designations for each Council-managed species, designate Habitat Areas of Particular Concern, revise the system of essential fish habitat management areas, address seasonal groundfish spawning spatial management, establish Dedicated Habitat Research Areas, and identify actions that can be modified by framework and other administrative concerns relating to the Amendment. The intended effect of this action is to ensure the Council's fishery management plans comply with the Magnuson-Stevens Fishery Conservation and Management Act's requirements to routinely review and update essential fish habitat designations and to continue to minimize to the extent practicable the adverse effects of fishing on such designated habitat.

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Proposed Rules]
[Pages 46749-46752]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21560]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-BF82


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Essential Fish 
Habitat

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

ACTION: Notice of availability of fishery management plan amendment; 
request for comments.

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

SUMMARY: The New England Fishery Management Council has submitted the 
Omnibus Essential Fish Habitat Amendment 2, incorporating an 
Environmental Impact Statement, for review by the Secretary of 
Commerce. NMFS is requesting comments from the public on the Omnibus 
Amendment, which was developed by the Council to revise the essential 
fish habitat designations for each Council-managed species, designate 
Habitat Areas of Particular Concern, revise the system of essential 
fish habitat management areas, address seasonal groundfish spawning 
spatial management, establish Dedicated Habitat Research Areas, and 
identify actions that can be modified by framework and other 
administrative concerns relating to the Amendment. The intended effect 
of this action is to ensure the Council's fishery management plans 
comply with the Magnuson-Stevens Fishery Conservation and Management 
Act's requirements to routinely review and update essential fish 
habitat designations and to continue to minimize to the extent 
practicable the adverse effects of fishing on such designated habitat.

DATES: Public comments must be received on or before December 5, 2017.

[[Page 46750]]


ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0123, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0123 click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01930. Mark the outside of the 
envelope: ``Comments on Omnibus EFH Amendment.''
    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. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the commenter may be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Copies of the Omnibus Amendment, including its Environmental Impact 
Statement, preliminary Regulatory Impact Review, and Initial Regulatory 
Flexibility Analysis (EIS/RIR/IRFA), are available from the New England 
Fishery Management Council, 50 Water Street, Newburyport, MA 01950. The 
EIS/RIR/IRFA is also accessible via the Internet at: 
www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Senior Fishery Program 
Specialist, (978) 281-9218; fax: (978) 281-9135, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Omnibus Essential Fish Habitat Amendment 2 (Omnibus EFH 
Amendment) was initiated to review and update the essential fish 
habitat (EFH) designations, the habitat area of particular concern 
(HAPC) designations, and the habitat-related spatial management program 
for the New England Fishery Management Council's suite of fishery 
management plans (FMP). Omnibus EFH Amendment was developed over 
several years, with the first half dedicated to updating the EFH 
designations and consideration of HAPCs. The remainder of the 
development was focused on revising the system of year-round closed 
areas, which restrict some types of fishing gear in order to protect 
vulnerable habitat and establish a system of Dedicated Habitat Research 
Areas (DHRAs). Prior to consideration of management area changes, the 
Council determined it was important to consider revisions to the year-
round groundfish closures together because of the substantial overlap 
with the habitat management closures.
    The Council established 10 goals and 14 objectives to guide the 
development of this action. Goals 1-8 were established in 2004, at the 
onset of the Amendment's development, and focus on identification of 
EFH, fishing and non-fishing activities that may adversely affect EFH, 
and the development of measures and management programs to conserve, 
protect, and enhance EFH and to minimize to the extent practicable the 
adverse effects of fishing on EFH. The additional goals (9 and 10) were 
developed after the Council voted to incorporate revision of the 
groundfish closures in the Amendment. These goals are focused on 
enhancing groundfish productivity and maximizing the societal net 
benefits from groundfish.
    The 14 objectives map to 1 or more of the Amendment's goals and 
provide more specific guidance on how to achieve that goal. For 
example, the objectives include identifying new data sources upon which 
to base the EFH designations (Objective A), developing analytical tools 
for EFH designation, minimization of adverse impacts, and monitoring 
the effectiveness of measures (Objective D; Goals 1, 3, and 5). Other 
objectives include modifying fishing methods to reduce impacts 
(Objective E; Goal 4), supporting the restoration of degraded habitat 
(Objective F; Goal 4), improved groundfish spawning protection, 
including protection of localized spawning contingents, and improved 
protection of critical groundfish habitats (Goals 9 and 10). Please see 
Volume 1, Section 3 of the in the EIS for more details on the goals and 
objectives of this Amendment.

Proposed Measures

1. Essential Fish Habitat Designations

    The Council proposes to update the EFH designations for all species 
and all life stages for which more recent information is available. EFH 
is defined as those waters and substrate necessary to fish for 
spawning, breeding, feeding, or growth to maturity. EFH designations 
consist of two complementary elements, the text descriptions, and the 
map representations. Any specific area is only considered EFH if it is 
displayed in the EFH map and meets the conditions defined in the text 
description. Thus, the two components of EFH must be used in 
conjunction with one another when applying EFH designations to fishery 
management, EFH consultation, or other questions.
    A full description of the updated designations, including maps of 
the designations, can be found in Volume 2 of the EIS. In addition, a 
thorough discussion of the methods and approaches used to assemble the 
designations is provided in the EIS. The quality and quantity of 
information varied by species, so a single approach for all Council-
managed species and lifestage is not possible. The Council relied upon 
the best available scientific information for each species.

2. Habitat Areas of Particular Concern

    Habitat Areas of Particular Concern (HAPC) are intended to 
highlight specific areas of EFH that require additional consideration. 
HAPC designations should be based on one or more of the following 
criteria: (1) The importance of the ecological function provided by the 
habitat, including both the historical and current ecological function; 
(2) the extent to which the habitat is sensitive to human-induced 
environmental degradation; (3) whether, and to what extent, development 
activities are, or will be, stressing the habitat type; and (4) the 
rarity of the habitat type (50 CFR 600.815(a)(8)). The Council 
considered proposals from the public using additional criteria in 
designating HAPCs, including whether the designation would improve 
fisheries management in the exclusive economic zone, include EFH for 
more than one Council-managed species, include juvenile cod EFH, and 
meet more than one of the regulatory HAPC criteria listed above. 
Discussion of the areas considered and the eight criteria listed above 
can be found in Volume 2 of the EIS.
    The Council is recommending that the current Atlantic Salmon HAPC 
and the Northern Edge Juvenile Cod HAPC remain as designated because 
they continue to meet the criteria listed above. In addition, the 
Council is recommending the following areas as new HAPCs: Inshore 
Juvenile Cod HAPC; Great South Channel Juvenile Cod HAPC; Cashes Ledge 
HAPC; Jeffreys Ledge/Stellwagen Bank HAPC; Bear and Retriever 
Seamounts; and

[[Page 46751]]

eleven canyon/canyon complexes (Heezen; Lydonia, Gilbert, and 
Oceanographers; Hydrographer; Veatch; Alvin, and Atlantis; Hudson; 
Toms, Middle Toms, and Hendrickson; Wilmington; Baltimore; Washington; 
and Norfolk). Maps and coordinates for the HAPC designations can be 
found in Volume 2 of the EIS.

3. Spatial Management for Adverse Effects Minimization

    The Magnuson-Stevens Act requires that fishery management plans 
evaluate and minimize, to the extent practicable, the adverse effects 
of fishing on designated EFH. The evaluation should consider the 
effects of each fishing activity on each type of habitat found with 
EFH. Councils must prevent, mitigate, or minimize any adverse effects 
from fishing on EFH, to the extent practicable, if there is evidence 
that a fishing activity adversely affects EFH in a manner that is more 
than minimal and not temporary in nature. To that end, the Council is 
recommending the following habitat management areas (HMA) and 
restrictions. Full descriptions, including maps and coordinates of the 
Council's recommendations, can be found in Volume 3 of the EIS.
    In the Eastern Gulf of Maine, the Council recommends establishing 
the Small Eastern Maine HMA, closed to all mobile bottom-tending gears.
    In the Central Gulf of Maine, the Council recommends maintaining 
the existing Cashes Ledge Groundfish Closure Area, with its current 
fishing restrictions and exemptions; modifying the existing Jeffreys 
Bank and Cashes Ledge Habitat Closure Areas, with their current fishing 
restrictions and exemptions; establishing the Fippennies Ledge HMA, 
closed to mobile bottom-tending gear; and establishing the Ammen Rock 
HMA, closed to all fishing except lobster traps.
    In the Western Gulf of Maine, the Council recommends maintaining 
the existing Western Gulf of Maine Habitat Closure Area, closed to 
mobile bottom-tending gears, and modifying the eastern boundary of the 
Western Gulf of Maine Closure Area to align with the habitat closure 
area, while maintaining the current fishing restrictions and 
requirements for both areas. The Council also recommends creating an 
exemption area within the northwest corner of those closures for shrimp 
trawls and designating the existing Roller Gear Restricted Area 
requirements as a habitat protection measure.
    On Georges Bank, the Council recommends removing the year-round and 
habitat closures of Closed Areas I and II and replacing them with three 
new areas: (1) The Georges Shoal 2 HMA, closed to mobile bottom-tending 
gear, with a one-year delay in closure to hydraulic clam dredges; (2) 
the Northern Edge Reduced Impact HMA, closed to mobile bottom-tending 
gear, with two exceptions described below; and (3) the Northern Edge 
Mobile Bottom-Tending Gear HMA, closed to mobile bottom-tending gear 
without any exceptions. Exemptions to the Reduced Impact HMA are 
scallop dredge fishing in accordance with the scallop rotational area 
program, and trawl fishing to the west of the existing western boundary 
of Closed Area II (67[deg]20' W. long.), in what is now the Eastern 
Georges Bank Special Access Program. In addition, any portions of the 
Closed Area II groundfish closed area north of 41[deg]30' N. lat. would 
be closed to scallop fishing between June 15 and October 31 of each 
year. The remainder of the existing Closed Area I Habitat and 
Groundfish Closure Areas and Closed Area II Groundfish Closure Area 
would be opened, except for seasonal spawning protection as described 
below.
    In the Great South Channel, the Council recommends establishing the 
Great South Channel HMA, closed to mobile bottom-tending gear. Closure 
to hydraulic clam dredges would be delayed for one year, outside of the 
northeast corner of the area. The Council also recommends establishing 
two HMAs on Cox Ledge, closed to hydraulic clam dredges, and requiring 
no ground cables on trawls fishing in the areas. The Nantucket 
Lightship Habitat Closure Area and the Nantucket Lightship Closed Area 
would be removed.

4. Groundfish Spawning Protections

    In the Gulf of Maine, the Council recommends establishing the 
Massachusetts Bay Cod Spawning Protection Area from November through 
January of each year and closing statistical block 125 for the first 
half of April each year (the ``Spring Massachusetts Bay Spawning 
Protection Area.'') The Massachusetts Bay Spawning Protection Area 
would be closed to all vessels, except those that do not have a Federal 
Northeast multispecies permit and are fishing exclusively in state 
waters; that are fishing with exempted gears (Pelagic hook and line, 
pelagic longline, spears, rakes, diving gear, cast nets, tongs, 
harpoons, weirs, dipnets, stop nets, pound nets, pelagic gillnets, pots 
and traps, shrimp trawls (with a properly configured grate), and 
surfclam and ocean quahog dredges); charter/party or recreational 
fishing vessels, provided that pelagic hook and line gear is used, and 
there is no retention of regulated species or ocean pout; and vessels 
that are transiting. The Spring Massachusetts Bay Spawning Protection 
Area would be closed to all vessels, except vessels that do not have a 
Federal Northeast multispecies permit and are fishing exclusively in 
state waters; vessels fishing with exempted gears (Pelagic hook and 
line, pelagic longline, spears, rakes, diving gear, cast nets, tongs, 
harpoons, weirs, dipnets, stop nets, pound nets, pelagic gillnets, pots 
and traps, shrimp trawls (with a properly configured grate), and 
surfclam and ocean quahog dredges); vessels participating in the mid-
water trawl exempted fishery; vessels participating in the purse seine 
exempted fishery, sea scallop dredge gear when under a scallop day-at-
sea; vessels lawfully in a scallop dredge exemption area; vessels that 
are transiting; charter and party vessels; and recreational vessels.
    On Georges Bank, the Council recommends converting the existing 
groundfish closure area, Closed Area II, and the existing habitat area, 
Closed Area I North, into seasonal closures. Both areas would be closed 
from February 1 through April 15 of each year to all commercial and 
recreational gears that catch groundfish, except scallop dredges, 
vessels fishing with exempted gears, vessels participating in the mid-
water trawl fishery, and vessels that are transiting.

5. Dedicated Habitat Research Areas

    Dedicated Habitat Research Areas (DHRAs) are intended to facilitate 
more focused research on fishing gear impacts on habitat or other 
issues related to habitat and fisheries productivity. The Council is 
recommending two DHRAs in this amendment. The Stellwagen DHRA would be 
implemented with the same restrictions as the Western Gulf of Maine 
closed areas described above. The Georges Bank DHRA, which is the same 
footprint as the current Closed Area I South Habitat Closure Area, 
would be closed to mobile bottom-tending gear.
    The Council is recommending these DHRAs in combination with a 
three-year sunset provision. If approved, three years after 
implementation, the Regional Administrator would initiate a review of 
the DHRAs and the research activity being conducted within them. If no 
research has been conducted or initiated to further the Council's 
habitat-related questions, the Regional Administrator may, after 
consultation with the Council, remove the DHRA designation.

[[Page 46752]]

6. Framework and Administrative Actions

    The Council is recommending three administrative actions as part of 
the Omnibus EFH Amendment. First, additional spatial management 
measures, including designation or removal of HMAs and changes to 
fishing restrictions within HMAs, would be added to the list of 
frameworkable items for all fisheries. Second, a strategic process 
would be established to routinely evaluate the boundaries, scope, 
characteristics, and timing of the habitat and spawning protection 
areas, including a technical review that evaluates the performance of 
these areas at 10-year intervals following implementation. A list of 
questions to guide this review are provided in Volume 3 of the EIS. 
Third, building on what the Council learned during the review of the 
performance of existing closed areas and the development of new EFH 
management in this amendment, the Council would identify and 
periodically revise research priorities to improve habitat and spawning 
area monitoring.

Public Comment Instructions

    Public comments on the Omnibus EFH Amendment and its incorporated 
documents may be submitted through the end of the comment period stated 
in this notice of availability. A proposed rule to implement the 
Amendment, including draft regulatory text, will be published in the 
Federal Register for public comment. Public comments on the proposed 
rule received by the end of the comment period provided in this notice 
of availability will be considered in the approval/disapproval decision 
on the amendment. All comments received by December 5, 2017, whether 
specifically directed to the Omnibus EFH Amendment or the proposed rule 
for this amendment, will be considered in the approval/disapproval 
decision on the Omnibus EFH Amendment. Comments received after that 
date will not be considered in the decision to approve or disapprove 
the Amendment. To be considered, comments must be received by close of 
business on the last day of the comment period.

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

    Dated: October 3, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-21560 Filed 10-5-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                               Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules                                               46749

                                                      proposal had a 60-day comment period,                   accurate as possible and based on the                 Office (see FOR FURTHER INFORMATION
                                                      ending December 5, 2016. We also                        best available scientific and commercial              CONTACT).
                                                      solicited and received independent                      data.                                                   Authority: The authority for this action is
                                                      scientific review of the information                       We are particularly interested in new              the Endangered Species Act of 1973, as
                                                      contained in the proposed rule from                     information and comments regarding:                   amended (16 U.S.C. 1531 et seq.).
                                                      peer reviewers with expertise in the                       (1) The interpretation of scientific
                                                                                                              literature in the proposed rulemaking,                  Dated: August 30, 2017.
                                                      Louisiana pinesnake or similar species,
                                                                                                              and whether we overlooked any                         James W. Kurth,
                                                      in accordance with our July 1, 1994,
                                                      peer review policy (59 FR 34270). For a                 scientific literature in our analysis. In             Acting Director, U.S. Fish and Wildlife
                                                                                                              particular, some commenters expressed                 Service.
                                                      description of previous Federal actions
                                                      concerning the Louisiana pinesnake,                     concern that there is insufficient                    [FR Doc. 2017–21591 Filed 10–5–17; 8:45 am]
                                                      please refer to the proposed listing rule.              scientific information (survey data in                BILLING CODE 4333–15–P
                                                         Section 4(b)(6) of the Act and its                   particular) to adequately assess the
                                                      implementing regulations at 50 CFR                      conservation status of the species, while
                                                      424.17(a) require that we take one of                   others expressed concern that the                     DEPARTMENT OF COMMERCE
                                                      three actions within 1 year of a                        available scientific information supports
                                                      proposed listing and concurrent                         an endangered determination.                          National Oceanic and Atmospheric
                                                      proposed designation of critical habitat:                  (2) Additional survey information,                 Administration
                                                      (1) Finalize the proposed rule; (2)                     including maps, throughout the
                                                      withdraw the proposed rule; or (3)                      Louisiana pinesnake’s range, especially               50 CFR Part 648
                                                      extend the final determination by not                   for Texas.                                            RIN 0648–BF82
                                                      more than 6 months, if there is                            (3) Trapping results to determine the
                                                      substantial disagreement regarding the                  Louisiana pinesnake’s estimated                       Magnuson-Stevens Fishery
                                                      sufficiency or accuracy of the available                occupied habitat areas (EOHAs). During                Conservation and Management Act
                                                      data relevant to the determination.                     the peer review period, peer reviewers                Provisions; Fisheries of the
                                                         Since the publication of the October                 were critical of methods used to                      Northeastern United States; Essential
                                                      6, 2016, proposed listing rule (81 FR                   determine EOHAs and questioned the                    Fish Habitat
                                                      69454), there has been substantial                      interpretation that resulted from our
                                                      disagreement regarding available                        analysis.                                             AGENCY:  National Marine Fisheries
                                                      information related to the interpretation                  If you previously submitted                        Service (NMFS), National Oceanic and
                                                      of the available survey data used to                    comments or information on the                        Atmospheric Administration (NOAA),
                                                      determine the Louisiana pinesnake’s                     October 6, 2016, proposed rule (81 FR                 Commerce.
                                                      status and trends. Specifically, during                 69454), please do not resubmit them.                  ACTION: Notice of availability of fishery
                                                      the public comment period, we received                  We have incorporated previously                       management plan amendment; request
                                                      multiple comments on the proposed                       submitted comments into the public                    for comments.
                                                      listing and the sufficiency or accuracy of              record, and we will fully consider them
                                                                                                              in the preparation of our final                       SUMMARY:   The New England Fishery
                                                      the available data used to support it. In
                                                                                                              determination. Our final determination                Management Council has submitted the
                                                      particular, the comments reflected
                                                                                                              concerning the proposed listing will                  Omnibus Essential Fish Habitat
                                                      significant disagreement, including from
                                                      one of the peer reviewers, regarding the                take into consideration all written                   Amendment 2, incorporating an
                                                      interpretation of the available data used               comments and any additional                           Environmental Impact Statement, for
                                                      to determine the Louisiana pinesnake’s                  information we receive.                               review by the Secretary of Commerce.
                                                      status and trends, including the current                   You may submit your comments and                   NMFS is requesting comments from the
                                                      conservation status of the Louisiana                    materials concerning the proposed rule                public on the Omnibus Amendment,
                                                      pinesnake in Louisiana and,                             by one of the methods listed in                       which was developed by the Council to
                                                      particularly, in Texas. Therefore, in                   ADDRESSES, above. We request that you                 revise the essential fish habitat
                                                      consideration of these disagreements,                   send comments only by the methods                     designations for each Council-managed
                                                      we have determined that a 6-month                       described in ADDRESSES.                               species, designate Habitat Areas of
                                                      extension of the final determination for                   If you submit information via http://              Particular Concern, revise the system of
                                                      this rulemaking is necessary, and we are                www.regulations.gov, your entire                      essential fish habitat management areas,
                                                      hereby extending the final                              submission—including any personal                     address seasonal groundfish spawning
                                                      determination for 6 months in order to                  identifying information—will be posted                spatial management, establish Dedicated
                                                      solicit and consider additional                         on the Web site. If your submission is                Habitat Research Areas, and identify
                                                      information that will help to clarify                   made via a hardcopy that includes                     actions that can be modified by
                                                      these issues and to fully analyze data                  personal identifying information, you                 framework and other administrative
                                                      that are relevant to our final listing                  may request at the top of your document               concerns relating to the Amendment.
                                                      determination. With this 6-month                        that we withhold this information from                The intended effect of this action is to
                                                      extension, we will make a final                         public review. However, we cannot                     ensure the Council’s fishery
                                                      determination on the proposed rule no                   guarantee that we will be able to do so.              management plans comply with the
                                                                                                              We will post all hardcopy submissions                 Magnuson-Stevens Fishery
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      later than April 6, 2018.
                                                                                                              on http://www.regulations.gov.                        Conservation and Management Act’s
                                                      Information Requested                                      Comments and materials we receive,                 requirements to routinely review and
                                                        We will accept written comments and                   as well as supporting documentation we                update essential fish habitat
                                                      information during this reopened                        used in preparing the proposed rule,                  designations and to continue to
                                                      comment period on our proposed listing                  will be available for public inspection               minimize to the extent practicable the
                                                      rule. We will consider information and                  on http://www.regulations.gov, or by                  adverse effects of fishing on such
                                                      recommendations from all interested                     appointment, during normal business                   designated habitat.
                                                      parties. We intend that any final action                hours, at the U.S. Fish and Wildlife                  DATES: Public comments must be
                                                      resulting from the proposal be as                       Service, Louisiana Ecological Services                received on or before December 5, 2017.


                                                 VerDate Sep<11>2014   17:27 Oct 05, 2017   Jkt 244001   PO 00000   Frm 00034   Fmt 4702   Sfmt 4702   E:\FR\FM\06OCP1.SGM   06OCP1


                                                      46750                    Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules

                                                      ADDRESSES:   You may submit comments                    (FMP). Omnibus EFH Amendment was                      to fish for spawning, breeding, feeding,
                                                      on this document, identified by NOAA–                   developed over several years, with the                or growth to maturity. EFH designations
                                                      NMFS–2017–0123, by any of the                           first half dedicated to updating the EFH              consist of two complementary elements,
                                                      following methods:                                      designations and consideration of                     the text descriptions, and the map
                                                         • Electronic Submission: Submit all                  HAPCs. The remainder of the                           representations. Any specific area is
                                                      electronic public comments via the                      development was focused on revising                   only considered EFH if it is displayed
                                                      Federal e-Rulemaking Portal. Go to                      the system of year-round closed areas,                in the EFH map and meets the
                                                      www.regulations.gov/#!docketDetail;D=                   which restrict some types of fishing gear             conditions defined in the text
                                                      NOAA-NMFS-2017-0123 click the                           in order to protect vulnerable habitat                description. Thus, the two components
                                                      ‘‘Comment Now!’’ icon, complete the                     and establish a system of Dedicated                   of EFH must be used in conjunction
                                                      required fields, and enter or attach your               Habitat Research Areas (DHRAs). Prior                 with one another when applying EFH
                                                      comments.                                               to consideration of management area                   designations to fishery management,
                                                         • Mail: Submit written comments to                   changes, the Council determined it was                EFH consultation, or other questions.
                                                      John K. Bullard, Regional                               important to consider revisions to the                   A full description of the updated
                                                      Administrator, NMFS, Greater Atlantic                   year-round groundfish closures together               designations, including maps of the
                                                      Regional Fisheries Office, 55 Great                     because of the substantial overlap with               designations, can be found in Volume 2
                                                      Republic Drive, Gloucester, MA 01930.                   the habitat management closures.                      of the EIS. In addition, a thorough
                                                      Mark the outside of the envelope:                          The Council established 10 goals and               discussion of the methods and
                                                      ‘‘Comments on Omnibus EFH                               14 objectives to guide the development                approaches used to assemble the
                                                      Amendment.’’                                            of this action. Goals 1–8 were                        designations is provided in the EIS. The
                                                         Instructions: Comments sent by any                   established in 2004, at the onset of the              quality and quantity of information
                                                      other method, to any other address or                   Amendment’s development, and focus                    varied by species, so a single approach
                                                      individual, or received after the end of                on identification of EFH, fishing and                 for all Council-managed species and
                                                      the comment period, may not be                          non-fishing activities that may adversely             lifestage is not possible. The Council
                                                      considered by NMFS. All comments                        affect EFH, and the development of                    relied upon the best available scientific
                                                      received are a part of the public record                measures and management programs to                   information for each species.
                                                      and will generally be posted for public                 conserve, protect, and enhance EFH and                2. Habitat Areas of Particular Concern
                                                      viewing on www.regulations.gov                          to minimize to the extent practicable the
                                                      without change. All personal identifying                                                                         Habitat Areas of Particular Concern
                                                                                                              adverse effects of fishing on EFH. The
                                                      information (e.g., name, address, etc.),                                                                      (HAPC) are intended to highlight
                                                                                                              additional goals (9 and 10) were
                                                      confidential business information, or                                                                         specific areas of EFH that require
                                                                                                              developed after the Council voted to
                                                      otherwise sensitive information                                                                               additional consideration. HAPC
                                                                                                              incorporate revision of the groundfish
                                                      submitted voluntarily by the commenter                                                                        designations should be based on one or
                                                                                                              closures in the Amendment. These goals
                                                      may be publicly accessible. NMFS will                                                                         more of the following criteria: (1) The
                                                                                                              are focused on enhancing groundfish
                                                      accept anonymous comments (enter ‘‘N/                                                                         importance of the ecological function
                                                                                                              productivity and maximizing the
                                                                                                                                                                    provided by the habitat, including both
                                                      A’’ in the required fields if you wish to               societal net benefits from groundfish.
                                                                                                                                                                    the historical and current ecological
                                                      remain anonymous). Attachments to                          The 14 objectives map to 1 or more of
                                                                                                                                                                    function; (2) the extent to which the
                                                      electronic comments will be accepted in                 the Amendment’s goals and provide
                                                                                                                                                                    habitat is sensitive to human-induced
                                                      Microsoft Word, Excel, or Adobe PDF                     more specific guidance on how to
                                                                                                                                                                    environmental degradation; (3) whether,
                                                      file formats only.                                      achieve that goal. For example, the
                                                                                                                                                                    and to what extent, development
                                                         Copies of the Omnibus Amendment,                     objectives include identifying new data
                                                                                                                                                                    activities are, or will be, stressing the
                                                      including its Environmental Impact                      sources upon which to base the EFH
                                                                                                                                                                    habitat type; and (4) the rarity of the
                                                      Statement, preliminary Regulatory                       designations (Objective A), developing
                                                                                                                                                                    habitat type (50 CFR 600.815(a)(8)). The
                                                      Impact Review, and Initial Regulatory                   analytical tools for EFH designation,
                                                                                                                                                                    Council considered proposals from the
                                                      Flexibility Analysis (EIS/RIR/IRFA), are                minimization of adverse impacts, and                  public using additional criteria in
                                                      available from the New England Fishery                  monitoring the effectiveness of                       designating HAPCs, including whether
                                                      Management Council, 50 Water Street,                    measures (Objective D; Goals 1, 3, and                the designation would improve fisheries
                                                      Newburyport, MA 01950. The EIS/RIR/                     5). Other objectives include modifying                management in the exclusive economic
                                                      IRFA is also accessible via the Internet                fishing methods to reduce impacts                     zone, include EFH for more than one
                                                      at: www.greater                                         (Objective E; Goal 4), supporting the                 Council-managed species, include
                                                      atlantic.fisheries.noaa.gov.                            restoration of degraded habitat                       juvenile cod EFH, and meet more than
                                                      FOR FURTHER INFORMATION CONTACT:                        (Objective F; Goal 4), improved                       one of the regulatory HAPC criteria
                                                      Moira Kelly, Senior Fishery Program                     groundfish spawning protection,                       listed above. Discussion of the areas
                                                      Specialist, (978) 281–9218; fax: (978)                  including protection of localized                     considered and the eight criteria listed
                                                      281–9135, Moira.Kelly@noaa.gov.                         spawning contingents, and improved                    above can be found in Volume 2 of the
                                                                                                              protection of critical groundfish habitats            EIS.
                                                      SUPPLEMENTARY INFORMATION:
                                                                                                              (Goals 9 and 10). Please see Volume 1,                   The Council is recommending that the
                                                      Background                                              Section 3 of the in the EIS for more                  current Atlantic Salmon HAPC and the
                                                        The Omnibus Essential Fish Habitat                    details on the goals and objectives of                Northern Edge Juvenile Cod HAPC
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      Amendment 2 (Omnibus EFH                                this Amendment.                                       remain as designated because they
                                                      Amendment) was initiated to review                      Proposed Measures                                     continue to meet the criteria listed
                                                      and update the essential fish habitat                                                                         above. In addition, the Council is
                                                      (EFH) designations, the habitat area of                 1. Essential Fish Habitat Designations                recommending the following areas as
                                                      particular concern (HAPC) designations,                    The Council proposes to update the                 new HAPCs: Inshore Juvenile Cod
                                                      and the habitat-related spatial                         EFH designations for all species and all              HAPC; Great South Channel Juvenile
                                                      management program for the New                          life stages for which more recent                     Cod HAPC; Cashes Ledge HAPC;
                                                      England Fishery Management Council’s                    information is available. EFH is defined              Jeffreys Ledge/Stellwagen Bank HAPC;
                                                      suite of fishery management plans                       as those waters and substrate necessary               Bear and Retriever Seamounts; and


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                                                                               Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules                                         46751

                                                      eleven canyon/canyon complexes                          and habitat closures of Closed Areas I                ocean quahog dredges); charter/party or
                                                      (Heezen; Lydonia, Gilbert, and                          and II and replacing them with three                  recreational fishing vessels, provided
                                                      Oceanographers; Hydrographer; Veatch;                   new areas: (1) The Georges Shoal 2                    that pelagic hook and line gear is used,
                                                      Alvin, and Atlantis; Hudson; Toms,                      HMA, closed to mobile bottom-tending                  and there is no retention of regulated
                                                      Middle Toms, and Hendrickson;                           gear, with a one-year delay in closure to             species or ocean pout; and vessels that
                                                      Wilmington; Baltimore; Washington;                      hydraulic clam dredges; (2) the                       are transiting. The Spring Massachusetts
                                                      and Norfolk). Maps and coordinates for                  Northern Edge Reduced Impact HMA,                     Bay Spawning Protection Area would be
                                                      the HAPC designations can be found in                   closed to mobile bottom-tending gear,                 closed to all vessels, except vessels that
                                                      Volume 2 of the EIS.                                    with two exceptions described below;                  do not have a Federal Northeast
                                                                                                              and (3) the Northern Edge Mobile                      multispecies permit and are fishing
                                                      3. Spatial Management for Adverse
                                                                                                              Bottom-Tending Gear HMA, closed to                    exclusively in state waters; vessels
                                                      Effects Minimization
                                                                                                              mobile bottom-tending gear without any                fishing with exempted gears (Pelagic
                                                         The Magnuson-Stevens Act requires                    exceptions. Exemptions to the Reduced                 hook and line, pelagic longline, spears,
                                                      that fishery management plans evaluate                  Impact HMA are scallop dredge fishing                 rakes, diving gear, cast nets, tongs,
                                                      and minimize, to the extent practicable,                in accordance with the scallop                        harpoons, weirs, dipnets, stop nets,
                                                      the adverse effects of fishing on                       rotational area program, and trawl                    pound nets, pelagic gillnets, pots and
                                                      designated EFH. The evaluation should                   fishing to the west of the existing                   traps, shrimp trawls (with a properly
                                                      consider the effects of each fishing                    western boundary of Closed Area II                    configured grate), and surfclam and
                                                      activity on each type of habitat found                  (67°20′ W. long.), in what is now the                 ocean quahog dredges); vessels
                                                      with EFH. Councils must prevent,                        Eastern Georges Bank Special Access                   participating in the mid-water trawl
                                                      mitigate, or minimize any adverse                       Program. In addition, any portions of                 exempted fishery; vessels participating
                                                      effects from fishing on EFH, to the                     the Closed Area II groundfish closed                  in the purse seine exempted fishery, sea
                                                      extent practicable, if there is evidence                area north of 41°30′ N. lat. would be                 scallop dredge gear when under a
                                                      that a fishing activity adversely affects               closed to scallop fishing between June                scallop day-at-sea; vessels lawfully in a
                                                      EFH in a manner that is more than                       15 and October 31 of each year. The                   scallop dredge exemption area; vessels
                                                      minimal and not temporary in nature.                    remainder of the existing Closed Area I               that are transiting; charter and party
                                                      To that end, the Council is                             Habitat and Groundfish Closure Areas                  vessels; and recreational vessels.
                                                      recommending the following habitat                      and Closed Area II Groundfish Closure                    On Georges Bank, the Council
                                                      management areas (HMA) and                              Area would be opened, except for                      recommends converting the existing
                                                      restrictions. Full descriptions, including              seasonal spawning protection as                       groundfish closure area, Closed Area II,
                                                      maps and coordinates of the Council’s                   described below.                                      and the existing habitat area, Closed
                                                      recommendations, can be found in                           In the Great South Channel, the                    Area I North, into seasonal closures.
                                                      Volume 3 of the EIS.                                    Council recommends establishing the                   Both areas would be closed from
                                                         In the Eastern Gulf of Maine, the                    Great South Channel HMA, closed to                    February 1 through April 15 of each
                                                      Council recommends establishing the                     mobile bottom-tending gear. Closure to                year to all commercial and recreational
                                                      Small Eastern Maine HMA, closed to all                  hydraulic clam dredges would be                       gears that catch groundfish, except
                                                      mobile bottom-tending gears.                            delayed for one year, outside of the                  scallop dredges, vessels fishing with
                                                         In the Central Gulf of Maine, the                    northeast corner of the area. The                     exempted gears, vessels participating in
                                                      Council recommends maintaining the                      Council also recommends establishing                  the mid-water trawl fishery, and vessels
                                                      existing Cashes Ledge Groundfish                        two HMAs on Cox Ledge, closed to                      that are transiting.
                                                      Closure Area, with its current fishing                  hydraulic clam dredges, and requiring
                                                      restrictions and exemptions; modifying                                                                        5. Dedicated Habitat Research Areas
                                                                                                              no ground cables on trawls fishing in
                                                      the existing Jeffreys Bank and Cashes                   the areas. The Nantucket Lightship                       Dedicated Habitat Research Areas
                                                      Ledge Habitat Closure Areas, with their                 Habitat Closure Area and the Nantucket                (DHRAs) are intended to facilitate more
                                                      current fishing restrictions and                        Lightship Closed Area would be                        focused research on fishing gear impacts
                                                      exemptions; establishing the Fippennies                 removed.                                              on habitat or other issues related to
                                                      Ledge HMA, closed to mobile bottom-                                                                           habitat and fisheries productivity. The
                                                      tending gear; and establishing the                      4. Groundfish Spawning Protections                    Council is recommending two DHRAs
                                                      Ammen Rock HMA, closed to all fishing                      In the Gulf of Maine, the Council                  in this amendment. The Stellwagen
                                                      except lobster traps.                                   recommends establishing the                           DHRA would be implemented with the
                                                         In the Western Gulf of Maine, the                    Massachusetts Bay Cod Spawning                        same restrictions as the Western Gulf of
                                                      Council recommends maintaining the                      Protection Area from November through                 Maine closed areas described above.
                                                      existing Western Gulf of Maine Habitat                  January of each year and closing                      The Georges Bank DHRA, which is the
                                                      Closure Area, closed to mobile bottom-                  statistical block 125 for the first half of           same footprint as the current Closed
                                                      tending gears, and modifying the eastern                April each year (the ‘‘Spring                         Area I South Habitat Closure Area,
                                                      boundary of the Western Gulf of Maine                   Massachusetts Bay Spawning Protection                 would be closed to mobile bottom-
                                                      Closure Area to align with the habitat                  Area.’’) The Massachusetts Bay                        tending gear.
                                                      closure area, while maintaining the                     Spawning Protection Area would be                        The Council is recommending these
                                                      current fishing restrictions and                        closed to all vessels, except those that              DHRAs in combination with a three-
                                                      requirements for both areas. The                        do not have a Federal Northeast                       year sunset provision. If approved, three
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      Council also recommends creating an                     multispecies permit and are fishing                   years after implementation, the Regional
                                                      exemption area within the northwest                     exclusively in state waters; that are                 Administrator would initiate a review of
                                                      corner of those closures for shrimp                     fishing with exempted gears (Pelagic                  the DHRAs and the research activity
                                                      trawls and designating the existing                     hook and line, pelagic longline, spears,              being conducted within them. If no
                                                      Roller Gear Restricted Area                             rakes, diving gear, cast nets, tongs,                 research has been conducted or initiated
                                                      requirements as a habitat protection                    harpoons, weirs, dipnets, stop nets,                  to further the Council’s habitat-related
                                                      measure.                                                pound nets, pelagic gillnets, pots and                questions, the Regional Administrator
                                                         On Georges Bank, the Council                         traps, shrimp trawls (with a properly                 may, after consultation with the
                                                      recommends removing the year-round                      configured grate), and surfclam and                   Council, remove the DHRA designation.


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                                                      46752                    Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules

                                                      6. Framework and Administrative                         what the Council learned during the                   in the approval/disapproval decision on
                                                      Actions                                                 review of the performance of existing                 the amendment. All comments received
                                                                                                              closed areas and the development of                   by December 5, 2017, whether
                                                         The Council is recommending three                    new EFH management in this                            specifically directed to the Omnibus
                                                      administrative actions as part of the                   amendment, the Council would identify                 EFH Amendment or the proposed rule
                                                      Omnibus EFH Amendment. First,                           and periodically revise research                      for this amendment, will be considered
                                                      additional spatial management                           priorities to improve habitat and                     in the approval/disapproval decision on
                                                      measures, including designation or                      spawning area monitoring.                             the Omnibus EFH Amendment.
                                                      removal of HMAs and changes to fishing                                                                        Comments received after that date will
                                                      restrictions within HMAs, would be                      Public Comment Instructions
                                                                                                                                                                    not be considered in the decision to
                                                      added to the list of frameworkable items                  Public comments on the Omnibus                      approve or disapprove the Amendment.
                                                      for all fisheries. Second, a strategic                  EFH Amendment and its incorporated                    To be considered, comments must be
                                                      process would be established to                         documents may be submitted through                    received by close of business on the last
                                                      routinely evaluate the boundaries,                      the end of the comment period stated in               day of the comment period.
                                                      scope, characteristics, and timing of the               this notice of availability. A proposed                 Authority: 16 U.S.C. 1801 et seq.
                                                      habitat and spawning protection areas,                  rule to implement the Amendment,
                                                      including a technical review that                       including draft regulatory text, will be                Dated: October 3, 2017.
                                                      evaluates the performance of these areas                published in the Federal Register for                 Alan D. Risenhoover,
                                                      at 10-year intervals following                          public comment. Public comments on                    Director, Office of Sustainable Fisheries,
                                                      implementation. A list of questions to                  the proposed rule received by the end                 National Marine Fisheries Service.
                                                      guide this review are provided in                       of the comment period provided in this                [FR Doc. 2017–21560 Filed 10–5–17; 8:45 am]
                                                      Volume 3 of the EIS. Third, building on                 notice of availability will be considered             BILLING CODE 3510–22–P
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




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Document Created: 2017-10-06 00:09:20
Document Modified: 2017-10-06 00:09:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of availability of fishery management plan amendment; request for comments.
DatesPublic comments must be received on or before December 5, 2017.
ContactMoira Kelly, Senior Fishery Program Specialist, (978) 281-9218; fax: (978) 281-9135, [email protected]
FR Citation82 FR 46749 
RIN Number0648-BF82

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