83_FR_42804 83 FR 42640 - U.S. Purse Seine Fishery in the Western and Central Pacific Ocean; Notice of Intent To Prepare an Environmental Impact Statement

83 FR 42640 - U.S. Purse Seine Fishery in the Western and Central Pacific Ocean; Notice of Intent To Prepare an Environmental Impact Statement

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 164 (August 23, 2018)

Page Range42640-42644
FR Document2018-18194

NMFS is gathering information necessary to prepare an Environmental Impact Statement (EIS) for future management actions for the U.S. purse seine fishery in the western and central Pacific Ocean (WCPO). This notice of intent to prepare an EIS represents the beginning of the public scoping process and invites interested parties to provide comments on alternatives to be considered in an EIS and to identify potential issues, concerns, and any reasonable additional alternatives that should be considered.

Federal Register, Volume 83 Issue 164 (Thursday, August 23, 2018)
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Pages 42640-42644]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18194]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648--XG261


U.S. Purse Seine Fishery in the Western and Central Pacific 
Ocean; Notice of Intent To Prepare an Environmental Impact Statement

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

ACTION: Notice; intent to prepare an environmental impact statement; 
announcement of public scoping period; request for comments.

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

SUMMARY: NMFS is gathering information necessary to prepare an 
Environmental Impact Statement (EIS) for future management actions for 
the U.S. purse seine fishery in the western and central Pacific Ocean 
(WCPO). This notice of intent to prepare an EIS represents the 
beginning of the public scoping process and invites interested parties 
to provide comments on alternatives to be considered in an EIS and to 
identify potential issues, concerns, and any reasonable additional 
alternatives that should be considered.

DATES: To ensure consideration during the development of this EIS, 
written comments on the scope and alternatives to be considered in the 
EIS must be submitted no later than October 8, 2018.
    Public comments will also be accepted during two webinars scheduled 
for 9:30-11:30 a.m. September 11, 2018 and 11:30 a.m.-1:30 p.m., 
September 14, 2018. Both webinars are scheduled in Hawai[revaps]i 
Standard Time (HST; UTC-10:00). Please notify David O'Brien (see FOR 
FURTHER INFORMATION CONTACT, below) by August 31, 2018, if you plan to 
attend either or both webinars. Instructions for connecting or calling 
in to the webinars will be emailed to meeting participants. 
Accommodations for persons with disabilities are available; 
accommodation requests should be directed to David O'Brien at least 10 
working days prior to the webinar.

ADDRESSES: You may submit comments on the scope of this EIS by either 
of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0062,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.

--OR--
     Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
might 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 and address), confidential business 
information, or otherwise sensitive information 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).
    Copies of this document can be obtained from Michael D. Tosatto, 
Regional Administrator, NMFS PIRO (see address above) and are available 
at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0062.

FOR FURTHER INFORMATION CONTACT: David O'Brien, NMFS PIRO, at 
[email protected], or at (808) 725-5038.

SUPPLEMENTARY INFORMATION: 

Background

    Purse seine vessels flagged to the United States fish for skipjack 
tuna (Katsuwonus pelamis) and other tunas in the WCPO. The fishery 
developed in the 1970s and early 1980s as some U.S. tuna vessels moved 
west from fishing grounds in the eastern Pacific. The vessels 
participating in this fishery currently are large: Between 175 and 260 
feet in length with crews of between 19 and 40. Purse seining is 
fishing by setting a vertically oriented net around a school of fish, 
and then closing, or ``pursing'', the bottom of the net to capture the 
fish. The vessels use purse seine nets up to about 6,500 feet long and 
600 feet deep and in recent years (2013-2017) vessels set their nets, 
on average, once per fishing day.
    NMFS manages the fishery in accordance with U.S. laws implementing 
international agreements, including the Treaty on Fisheries Between the 
Governments of Certain Pacific Island States and the Government of the 
United States of America,\1\ also known as the South Pacific Tuna 
Treaty (hereafter, Treaty), and conservation and management measures 
adopted by the Western and Central Pacific Fisheries Commission 
(hereafter, Commission or WCPFC). The fishery operates in the exclusive 
economic zones (EEZs) of the Pacific Island parties to the Treaty 
(hereafter, PIPs) and that of the United States, as well as on the high 
seas in the WCPO. This EIS will address all U.S. tuna purse seine 
fisheries within the area of application of the Convention on the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean; a map of which is available at the 
WCPFC website at: www.wcpfc.int/doc/convention-area-map.
---------------------------------------------------------------------------

    \1\ Parties to the Treaty include: Australia, Cook Islands, 
Federated States of Micronesia, Republic of Fiji, Republic of 
Kiribati, Republic of Marshall Islands, Republic of Nauru, New 
Zealand, Niue, Republic of Palau, Independent State of Papua New 
Guinea, Independent State of Samoa, Solomon Islands, Kingdom of 
Tonga, Tuvalu, Republic of Vanuatu and the United States of America.
---------------------------------------------------------------------------

    The U.S. purse seine fleet is not the only fishing fleet active in 
this region. Other major flags of purse seine fishing vessels in the 
region include: Japan, Kiribati, Korea, Papua New Guinea, and Taiwan. 
The U.S. fleet's fishing activities accounted for approximately 14 
percent of the total purse seine fishing effort--measured in fishing 
days--in the WCPO from 2010 through 2016.\2\
---------------------------------------------------------------------------

    \2\ Pacific Community--Oceanic Fisheries Programme. 2017. 
WCPFC14 Information Papers 05--Revision 1 (20 Nov 2017) Catch and 
Effort Tables on Tropical Tuna CMMs. Available at: www.wcpfc.int/node/30076..
---------------------------------------------------------------------------

    The regulations under which the U.S. fleet operates require changes 
in response to new decisions of the

[[Page 42641]]

Commission and new provisions of the Treaty, as well as changes in 
other laws. The Commission typically adopts new conservation and 
management measures relevant to this fishery annually. The PIPs and the 
United States agreed to amendments to the Treaty and its Annexes in 
2016, along with a Memorandum of Understanding regarding their intent 
to provisionally apply some of the amendments pending completion of 
ratification and entry into force. Some provisions of the Treaty 
Annexes extend only through 2020 or 2022. NMFS promulgates regulations 
to implement the Commission's decisions (50 CFR part 300, subpart O) 
under authority of the Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6901 et seq.) and provisions of the 
Treaty (50 CFR part 300, subpart D) under authority of the South 
Pacific Tuna Act (16 U.S.C. 973-973r). In addition, NMFS may regulate 
the fishery to meet the requirements of the Endangered Species Act (16 
U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 U.S.C. 1361 et 
seq.), Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.), and other applicable laws.
    Regulations may control fishing effort and/or catches, specify open 
and closed areas and/or the use and design of fishing gear, among 
others. Recent regulatory changes have focused on Commission decisions 
limiting total fishing effort and the number of sets associated with 
fish aggregating devices (FADs). The objectives of these decisions 
include reducing fishing mortality on bigeye tuna (Thunnus obesus), 
which are caught primarily when fishing on FADs, and controlling 
fishing mortality on yellowfin tuna (Thunnus albacares) and skipjack 
tuna.
    The proposed action in this EIS is the continued authorization of 
the U.S. purse seine fishery in the WCPO. Analysis of this proposed 
action under the National Environmental Policy Act (NEPA; 42 U.S.C. 
4321, et seq.) involves examining likely future management of the 
fishery. Since management measures (including Commission decisions, 
Treaty provisions, and other applicable laws) can change substantially 
each year, a wide range of alternative regulatory approaches would be 
appropriate as action alternatives for consideration in this EIS.

Purpose and Need for the Proposed Action

    The purpose of and need for the proposed action is the continued 
authorization of the U.S. purse seine fishery in the WCPO under 
existing and reasonably foreseeable future management measures.

Alternatives for Consideration

    Both no-action and action alternatives have been drafted for 
consideration during the public scoping period. NMFS has not yet 
identified a preferred alternative or preferred alternatives. Briefly, 
these alternatives are:

No-Action Alternatives

    No-action alternatives are used in NEPA documents to establish the 
baseline against which the environmental impacts of the action 
alternatives are assessed, and they are often thought of as either 
maintaining the status quo--or current management--or not proceeding 
with the proposed action. There would still be environmental 
consequences of not proceeding with the proposed action, and defining 
no-action alternatives allows for the explicit evaluation of these 
impacts on their own and in relation to action alternatives. NMFS is 
considering analyzing two separate no-action alternatives in this EIS: 
A no-action alternative under which there would be no U.S. purse seine 
fishery in the WCPO (a no-fishery alternative), as well as a no-action 
alterative under which fishing operations and management would continue 
as they have in recent years (the status quo alternative).
    Specifics of these two draft no-action alternatives are:
     No-action alternative A: No fishery. No U.S. purse seine 
fishing in any portion of the WCPO, which includes the EEZs of the 
United States and other countries, as well as the high seas.
     No-action alternative B: Status quo. A fishery with 
regulatory conditions and fishing activity distributed across the EEZs 
of the United States and other countries and the high seas in 
proportions similar to that seen in recent years (2014-2017). 
Specifically, a fishery with approximately 7,000 fishing days of 
effort, 7,000 total net sets and 2,800 FAD sets (40 percent FAD sets).

Action Alternatives

    Action alternatives are generally the management options proposed 
or considered when the NEPA process begins. The action alternatives are 
meant to describe potential alternative approaches to achieve the 
defined purpose and need of the proposed action. NMFS recommends 
analyzing two specific classes of action alternatives in the EIS:
    1. Alternatives that control the type and amount of fishing, such 
as limits on fishing effort, catches, and fishing methods; and
    2. Alternatives that control the allocation and use of fishing 
privileges amongst participants in the fishery.
    We address these two classes of draft action alternatives 
separately here and describe how they would be addressed concurrently 
in the EIS.
Alternatives That Control the Type and Amount of Fishing
    The controls on type and amount of fishing will be the primary 
drivers of environmental consequences of the fishery. The NMFS approach 
to developing action alternatives has been to review recent 
regulations, Treaty terms, and Commission decisions to understand the 
potential range of future management actions. There has been 
significant variability in management approaches in recent years, and 
both more and less restrictive regulatory changes have occurred.
    Recent controls on the type and amount of fishing have focused on 
limits on fishing effort generally and restrictions on the use of FADs 
(i.e., limits on a subset of fishing effort). For both fishing effort 
and FAD use, NFMS has drafted alternatives that cover a wide range of 
possible future management outcomes (Table 1). NMFS is suggesting this 
approach to extend the usefulness of the analysis in this EIS, as the 
environmental impacts of future management measures that are not 
specifically analyzed can be quickly estimated relative to those that 
are.
Fishing Effort Regulations
    The annual fishing effort possible by the U.S. WCPO purse seine 
fleet is currently limited by the Treaty, which limits the number of 
license applications that may be forwarded to the Treaty Administrator 
to 40. Given the recent average of one net set per fishing day per 
vessel and imagining 40 vessels actively fishing about 80 percent of 
the time, a theoretical maximum annual effort level is approximately 
12,000 fishing days (or 12,000 sets). Over the last 15 years, the 
highest annual fishing effort recorded by the fleet was 8,664 fishing 
days (2014). The maximum number of U.S. purse seine vessels fishing in 
any of the last 15 years has been 40 (2013 and 2014), but it has been 
as low as 15 vessels (2005) and is currently 33 (2018). For the 
purposes of evaluating potential future management actions in this EIS, 
U.S. purse seine effort levels up to 12,000 fishing days annually are 
plausible. Along with the two no-action alternatives, representing 0 
and 7,000 fishing days of effort, respectively, NMFS is considering

[[Page 42642]]

analyzing three action alternatives with respect to limits on fishing 
effort: 5,000, 9,000, and 12,000 fishing days (Table 1).
    The annual fishing effort associated with the action alternatives 
would be distributed across the U.S. EEZ, the high seas, and the EEZs 
of the PIPs. Since 2009, fishing effort in the U.S. EEZ and on the high 
seas in the WCPFC Convention Area has been limited in accordance with 
Commission decisions. The limits on the number of days of effort have, 
in the past, applied to the combined high seas and the U.S. EEZ 
(referred to in U.S. fisheries regulations as the Effort Limit Area for 
Purse Seine, or ELAPS). The combined U.S. EEZ and high seas limits 
dropped from 2,588 fishing days per year in 2009-2013 to 1,828 fishing 
days per year in 2014-2017. Future effort limits could apply to the 
U.S. EEZ and high seas areas separately. NMFS has recently implemented 
a limit of 458 fishing days in the U.S. EEZ--with the potential to 
increase to 558 fishing days if certain conditions are met--and 1,370 
fishing days on the high seas for 2018 (see final rule implementing 
recent decisions of the WCPFC at 83 FR 33851, published July 18, 2018; 
hereafter ``2018 Final Rule'').
    The number of fishing days available to the U.S. purse seine fleet 
in the EEZs of the PIPs is higher than the number of fishing days 
available in the U.S. EEZ or on the high seas. The Treaty specifies a 
set number of ``upfront'' days that are available each year for the 
U.S. fleet to fish in the EEZs of PIPs. The Treaty Annexes stipulate 
the maximum number of upfront days that are available to the U.S. fleet 
and the price per day. The Treaty also identifies that ``additional'' 
days can be purchased by the owners of U.S. vessels directly from 
individual PIPs. Any conditions put by the PIPs on the use of these 
additional days must be consistent with the Treaty terms, but no other 
specifications--such as price--are defined in the Treaty. Provisions 
allowing for additional fishing day purchases were adopted as part of 
the 2016 amendments to the Treaty, and 2017 was the first year that the 
option of purchasing additional days was available under the amended 
Treaty. The only limit to the number of additional days available to 
the U.S. purse seine fleet are limits internally agreed by the PIPs on 
the number of fishing days they will make available--which might be 
informed to some degree by the decisions of the WCPFC--and competition 
for their purchase by other international purse seine fleets.
    Ultimately, the spatial distribution of fishing effort (i.e., with 
respect to the U.S. EEZ, the high seas, and the PIPs' EEZs) will depend 
largely on the amount of effort that is available in each area each 
year. For each action alternative, NMFS would address the specifics of 
effort distribution within each alternative (Table 1) separately; and 
where necessary, NMFS would discuss the implications of variable effort 
distribution on impacts of that alternative to the human environment.
FAD Regulations
    Fish aggregating devices, or FADs, are generally floating objects; 
they include natural objects as well as rafts deployed from purse seine 
vessels specifically to aggregate tuna. FADs tend to attract marine 
life, including tunas, and can be an effective method to increase tuna 
catch per unit of fishing effort. Purse seine sets on FADs tend to 
result in higher catches of targeted skipjack tuna than unassociated 
sets, but also increase the catch of bigeye tuna--most of which is 
relatively young--and young yellowfin tuna, as well as other marine 
life. Recent FAD regulations have included: Prohibitions on the times 
and/or locations that FADs can be deployed, serviced, or set on; limits 
on the annual number of FAD-directed purse seine sets; and a 
combination of both seasonal prohibitions and numerical limits. In 
addition, a recent Commission decision includes a limit of 350 FADs 
with activated instrumented buoys that each fishing vessel may have 
deployed at any given time (see 2018 Final Rule).
    NMFS has implemented FAD-use prohibition periods for the U.S. purse 
seine fleet in the WCPFC Convention Area for 2009-2017 in line with 
Commission decisions. The prohibition periods were in August and 
September in 2009, July through September in 2010-2012, July through 
October in 2013 and 2014, and July through September in 2015-2017. 
There was also a complete prohibition on the use of FADs on the high 
seas for 2017. The 2018 Final Rule established FAD use prohibitions for 
a three-month period (July through September in 2018) and an additional 
FAD use prohibition period in high seas areas for two months (November 
and December 2018). In addition to FAD setting prohibitions, NMFS 
limited the total number of purse seine sets on FADs (``FAD sets'') to 
2,522 per year in 2016 and 2017, in line with Commission decisions. The 
Commission did not establish FAD set limits for 2018.
    Reasonably foreseeable future FAD measures for the fleet could 
include further FAD use prohibition periods and/or set limits as seen 
in recent years, as well as the potential for limitations for FAD 
design, restrictions for FAD construction materials and reductions in 
the number of FADs with activated instrumented buoys. Despite this 
broad range of potential FAD-related management measures, NMFS suggests 
that the total number of FAD sets--measured as the proportion of total 
sets made--could approximate the implications of any proposed future 
FAD management measure.
    NMFS recommends evaluating four levels of FAD restrictions, ranging 
from a full prohibition on FAD sets to a higher proportion of FAD sets 
than seen in recent years, across each of the fishing effort-based 
alternatives (Table 1). The proportion of total sets that would occur 
on FADs across this range would be equal to 0, 20, 40 and 60 percent of 
the total number of sets made. FAD restrictions leading to 40 percent 
of total sets on FADs would be similar to the FAD restrictions 
experienced by the fleet over the last five years (average 38 percent 
of sets on FADs, 2013-2017) when a range of FAD management measures 
were in place. The 20 percent and 60 percent FAD set proportions bound 
the range of FAD set proportions for the fleet over during the last 
decade (min 27 percent, max 54 percent, 2008-2017). The full 
prohibition level (0 percent FAD sets) ensures the complete range of 
potential FAD restrictions will be analyzed in the EIS.
    These proposed action alternatives, related to controls on the type 
and amount of fishing, are meant to capture the full range of 
foreseeable future management measures in the fishery. By combining a 
wide range of fishing effort levels and FAD restrictions into these 
proposed action alternatives (Table 1), the impact analysis should be 
relevant to a wide range of future management measures related to 
effort or FAD restrictions. NMFS interprets these fishing effort and 
FAD restrictions as proxies for other types of management measures, 
meaning the application of the impact analysis can be wider still. For 
example, fishing effort levels would be directly applicable to 
management measures specifying skipjack tuna or yellowfin tuna catch 
limits as well as a range of time and area closures. FAD restrictions--
measured as proportion of sets on FADS--are proxies for bigeye tuna and 
yellowfin tuna catch limits, FAD design or material specification, and 
a range of FAD set closure times and/or locations. With this approach, 
nearly all foreseeable future management measures can be evaluated 
relative to the environmental impacts of these proposed action 
alternatives.

[[Page 42643]]



  Table 1--The Amount of Fishing Effort, in Fishing Days, and Number of
 FAD Sets Under Proposed Action and No-Action Alternatives That Control
the Type and Amount of Fishing To Be Analyzed in an Environmental Impact
             Statement for the U.S. WCPO Purse Seine Fishery
------------------------------------------------------------------------
                                          Fishing effort   Number of FAD
               Alternative                (fishing days)       sets
------------------------------------------------------------------------
No Action A.............................               0             n/a
    Action 1a...........................           5,000               0
    Action 1b...........................           5,000           1,000
    Action 1c...........................           5,000           2,000
    Action 1d...........................           5,000           3,000
No Action B.............................           7,000           2,800
    Action 2a...........................           9,000               0
    Action 2b...........................           9,000           1,800
    Action2c............................           9,000           3,600
    Action 2d...........................           9,000           5,400
    Action 3a...........................          12,000               0
    Action 3b...........................          12,000           2,400
    Action 3c...........................          12,000           4,800
    Action 3d...........................          12,000           7,200
------------------------------------------------------------------------

Control of Allocation and Use of Fishing Privileges
    One of the most significant amendments to the Treaty in 2016 is the 
way that vessel owners obtain and pay for fishing privileges--fishing 
days--in the EEZs of the PIPs. As described previously, both upfront 
and additional days are available under the Treaty to U.S. purse seine 
vessels. The Treaty specifies requirements for the timing of 
notification of upfront fishing day commitments, transfers of upfront 
fishing days among vessel owners, and notifications of additional 
fishing day arrangements. In the first two years under the amended 
Treaty (2017 and 2018), vessel owners have collaborated to allocate the 
available upfront days amongst themselves, conduct in-season transfers 
of those days, and communicate both information on upfront and 
additional day arrangements to NMFS. NMFS has provided owners with 
updates on day usage as well as helped informally resolve issues that 
arise over fishing days between U.S. vessels owners and PIPs, based on 
data available to NMFS.
    NMFS is proposing to evaluate alternative approaches for 
allocation, transfers and use tracking of fishing privileges under the 
Treaty. These alternatives would address the following considerations: 
(1) Timely provision of information to meet requirements and 
obligations of the United States under the Treaty, decisions of the 
Commission and other U.S. law; (2) addressing and resolving allocation 
disputes; (3) addressing vessels joining or leaving the fishery; (4) 
providing flexibility to fleet participants with respect to obtaining 
and using fishing days from PIPs; and (5) minimizing regulatory burden 
and cost.
    NMFS is considering evaluation of three alternative allocation and 
use tracking approaches that would fulfill the requirements defined 
above. These approaches are action alternatives that would first be 
compared separately and then discussed relative to any differential 
impact they would have on the human environment when combined with the 
no-action and action alternatives in Table 1. Like the control of type 
and amount of fishing alternatives, these control of allocation and use 
alternatives are intended to bound the full range of possibilities for 
analysis; and proceed from the lowest to highest level of NMFS 
oversight. The three proposed alternatives are:
    1. An industry-led allocation and use tracking method, where 
decisions related to allocation, transfers and tracking of available 
fishing privileges were made by an organization of fishery participants 
based on approaches they collectively specified;
    2. A collaborative industry-NMFS approach where NMFS would 
facilitate industry decisions regarding allocation, transfer, and use 
through both regulatory and non-regulatory mechanisms; and
    3. A specified allocation, transfer and use-tracking approach 
primarily under NMFS management and oversight.
    Besides comments on these three proposed allocation and use 
alternatives, NMFS is specifically requesting comment on two additional 
aspects of these alternatives. The first concerns allocation and use of 
fishing privileges. Treaty and implementing agreements currently allow 
for assignment of vessel days at the U.S. vessel owner level. Tracking 
at the vessel owner level provides flexibility for those owners that 
have multiple vessels, but complicates the tracking of fishing day use 
as there are not vessel specific limits to monitor. NMFS seeks comment 
on the appropriate ``level'' for allocation and use tracking of fishing 
privileges in these proposed alternatives; be it the vessel, the vessel 
owner or some other level. Second, the numbers of U.S. EEZ and high 
seas fishing days available to the fleet in the WCPO have been limited 
since 2009 in accordance with decisions of the Commission. These 
limited fishing privileges have not previously been subject to 
allocation and are fished in an ``Olympic'' or ``derby'' style; meaning 
that they are available on a first-come, first-served basis to vessels 
that are permitted to fish in those areas. NMFS is also seeking comment 
on whether the proposed alternatives for control of allocation and use 
of fishing privileges should be extended from considering only 
privileges under Treaty to include fishing privileges in the U.S. EEZ 
and on the high seas in the WCPO--to the extent it is limited under 
WCPFC or other decisions.
    NMFS recognizes that consultation and collaboration with U.S. purse 
seine vessel owners and operators on the approaches for allocation of 
effort in this fishery is needed, and sees this notice of intent to 
develop an EIS as an initial step in this process. The public comment 
received through this notice of intent and analysis of alternatives for 
allocation and use of fishing privileges in this EIS will inform future 
NMFS-industry discussions.

Summary

    Given the wide range of potential future management approaches in 
this fishery, NMFS is proposing action alternatives that span the broad 
range of management measures foreseeable under U.S. regulations to 
implement the

[[Page 42644]]

Treaty, decisions of the Commission, and other U.S. law. In total, NMFS 
has tentatively identified two no-action alternatives, three action 
alternatives related to controls on the type and amount of fishing 
(Table 1), and three alternatives related to the allocation and use of 
fishing privileges. NMFS plans to analyze the environmental 
consequences of implementing each of the alternatives by assessing the 
direct, indirect, and cumulative effects of each to the human 
environment in the Western and Central Pacific Ocean.
    By evaluating alternatives that span the full range of reasonably 
foreseeable future management measures, the environmental impacts of 
future management actions not explicitly analyzed could be estimated 
relative to those calculated in this EIS.

    Authority: 42 U.S.C. 4321 et seq.

    Dated: August 20, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18194 Filed 8-22-18; 8:45 am]
BILLING CODE 3510-22-P



                                               42640                       Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices

                                               to attend in person are invited to submit               Standard Time (HST; UTC–10:00).                       in the WCPO. The fishery developed in
                                               written statements to the MEP Advisory                  Please notify David O’Brien (see FOR                  the 1970s and early 1980s as some U.S.
                                               Board, National Institute of Standards                  FURTHER INFORMATION CONTACT, below)                   tuna vessels moved west from fishing
                                               and Technology, 100 Bureau Drive, Mail                  by August 31, 2018, if you plan to                    grounds in the eastern Pacific. The
                                               Stop 4800, Gaithersburg, Maryland                       attend either or both webinars.                       vessels participating in this fishery
                                               20899–4800, via fax at (301) 963–6556,                  Instructions for connecting or calling in             currently are large: Between 175 and
                                               or electronically by email to                           to the webinars will be emailed to                    260 feet in length with crews of between
                                               cheryl.gendron@nist.gov.                                meeting participants. Accommodations                  19 and 40. Purse seining is fishing by
                                                 Admittance Instructions: Anyone                       for persons with disabilities are                     setting a vertically oriented net around
                                               wishing to attend the MEP Advisory                      available; accommodation requests                     a school of fish, and then closing, or
                                               Board meeting must submit their name,                   should be directed to David O’Brien at                ‘‘pursing’’, the bottom of the net to
                                               email address, and phone number to                      least 10 working days prior to the                    capture the fish. The vessels use purse
                                               Cheryl Gendron (Cheryl.Gendron@                         webinar.                                              seine nets up to about 6,500 feet long
                                               nist.gov or 301–975–2785) no later than                                                                       and 600 feet deep and in recent years
                                                                                                       ADDRESSES: You may submit comments
                                               Friday, September 7, 2018, 5:00 p.m.                                                                          (2013–2017) vessels set their nets, on
                                                                                                       on the scope of this EIS by either of the
                                               Eastern Time.                                                                                                 average, once per fishing day.
                                                                                                       following methods:                                       NMFS manages the fishery in
                                               Phillip A. Singerman,                                      • Electronic submission: Submit all
                                                                                                                                                             accordance with U.S. laws
                                               Associate Director for Innovation and                   electronic public comments via the
                                                                                                                                                             implementing international agreements,
                                               Industry Services.                                      Federal e-Rulemaking Portal.
                                                                                                                                                             including the Treaty on Fisheries
                                               [FR Doc. 2018–18207 Filed 8–22–18; 8:45 am]
                                                                                                          1. Go to www.regulations.gov/
                                                                                                                                                             Between the Governments of Certain
                                                                                                       #!docketDetail;D=NOAA-NMFS-2018-
                                               BILLING CODE 3510–13–P                                                                                        Pacific Island States and the
                                                                                                       0062,
                                                                                                          2. Click the ‘‘Comment Now!’’ icon,                Government of the United States of
                                                                                                       complete the required fields, and                     America,1 also known as the South
                                               DEPARTMENT OF COMMERCE                                                                                        Pacific Tuna Treaty (hereafter, Treaty),
                                                                                                          3. Enter or attach your comments.
                                                                                                                                                             and conservation and management
                                               National Oceanic and Atmospheric                        —OR—
                                                                                                                                                             measures adopted by the Western and
                                               Administration                                             • Mail: Submit written comments to
                                                                                                                                                             Central Pacific Fisheries Commission
                                                                                                       Michael D. Tosatto, Regional
                                               RIN 0648—XG261                                                                                                (hereafter, Commission or WCPFC). The
                                                                                                       Administrator, NMFS, Pacific Islands
                                                                                                                                                             fishery operates in the exclusive
                                               U.S. Purse Seine Fishery in the                         Regional Office (PIRO), 1845 Wasp
                                                                                                                                                             economic zones (EEZs) of the Pacific
                                               Western and Central Pacific Ocean;                      Blvd., Building 176, Honolulu, HI
                                                                                                                                                             Island parties to the Treaty (hereafter,
                                               Notice of Intent To Prepare an                          96818.
                                                                                                          Instructions: Comments sent by any                 PIPs) and that of the United States, as
                                               Environmental Impact Statement                                                                                well as on the high seas in the WCPO.
                                                                                                       other method, to any other address or
                                               AGENCY:  National Marine Fisheries                      individual, or received after the end of              This EIS will address all U.S. tuna purse
                                               Service (NMFS), National Oceanic and                    the comment period might not be                       seine fisheries within the area of
                                               Atmospheric Administration (NOAA),                      considered by NMFS. All comments                      application of the Convention on the
                                               Commerce.                                               received are a part of the public record              Conservation and Management of
                                                                                                       and will generally be posted for public               Highly Migratory Fish Stocks in the
                                               ACTION: Notice; intent to prepare an
                                                                                                       viewing on www.regulations.gov                        Western and Central Pacific Ocean; a
                                               environmental impact statement;                                                                               map of which is available at the WCPFC
                                               announcement of public scoping period;                  without change. All personal identifying
                                                                                                       information (e.g., name and address),                 website at: www.wcpfc.int/doc/
                                               request for comments.                                                                                         convention-area-map.
                                                                                                       confidential business information, or
                                               SUMMARY:   NMFS is gathering                                                                                     The U.S. purse seine fleet is not the
                                                                                                       otherwise sensitive information
                                               information necessary to prepare an                                                                           only fishing fleet active in this region.
                                                                                                       submitted voluntarily by the sender will
                                               Environmental Impact Statement (EIS)                                                                          Other major flags of purse seine fishing
                                                                                                       be publicly accessible. Do not submit
                                               for future management actions for the                                                                         vessels in the region include: Japan,
                                                                                                       confidential business information, or
                                               U.S. purse seine fishery in the western                                                                       Kiribati, Korea, Papua New Guinea, and
                                                                                                       otherwise sensitive or protected
                                               and central Pacific Ocean (WCPO). This                                                                        Taiwan. The U.S. fleet’s fishing
                                                                                                       information. NMFS will accept
                                               notice of intent to prepare an EIS                                                                            activities accounted for approximately
                                                                                                       anonymous comments (enter ‘‘N/A’’ in
                                               represents the beginning of the public                                                                        14 percent of the total purse seine
                                                                                                       the required fields if you wish to remain
                                               scoping process and invites interested                                                                        fishing effort—measured in fishing
                                                                                                       anonymous).
                                               parties to provide comments on                             Copies of this document can be                     days—in the WCPO from 2010 through
                                               alternatives to be considered in an EIS                 obtained from Michael D. Tosatto,                     2016.2
                                                                                                                                                                The regulations under which the U.S.
                                               and to identify potential issues,                       Regional Administrator, NMFS PIRO
                                                                                                                                                             fleet operates require changes in
                                               concerns, and any reasonable additional                 (see address above) and are available at
                                                                                                                                                             response to new decisions of the
                                               alternatives that should be considered.                 www.regulations.gov/#!docketDetail;
                                               DATES: To ensure consideration during                   D=NOAA-NMFS-2018-0062.                                   1 Parties to the Treaty include: Australia, Cook
                                               the development of this EIS, written                    FOR FURTHER INFORMATION CONTACT:                      Islands, Federated States of Micronesia, Republic of
                                               comments on the scope and alternatives                  David O’Brien, NMFS PIRO, at                          Fiji, Republic of Kiribati, Republic of Marshall
                                               to be considered in the EIS must be                     David.S.OBrien@noaa.gov, or at (808)                  Islands, Republic of Nauru, New Zealand, Niue,
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                             Republic of Palau, Independent State of Papua New
                                               submitted no later than October 8, 2018.                725–5038.                                             Guinea, Independent State of Samoa, Solomon
                                                 Public comments will also be                          SUPPLEMENTARY INFORMATION:                            Islands, Kingdom of Tonga, Tuvalu, Republic of
                                               accepted during two webinars                                                                                  Vanuatu and the United States of America.
                                               scheduled for 9:30–11:30 a.m.                           Background                                               2 Pacific Community—Oceanic Fisheries

                                                                                                                                                             Programme. 2017. WCPFC14 Information Papers
                                               September 11, 2018 and 11:30 a.m.–1:30                    Purse seine vessels flagged to the                  05—Revision 1 (20 Nov 2017) Catch and Effort
                                               p.m., September 14, 2018. Both                          United States fish for skipjack tuna                  Tables on Tropical Tuna CMMs. Available at:
                                               webinars are scheduled in Hawai1i                       (Katsuwonus pelamis) and other tunas                  www.wcpfc.int/node/30076.



                                          VerDate Sep<11>2014   19:43 Aug 22, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\23AUN1.SGM   23AUN1


                                                                           Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices                                            42641

                                               Commission and new provisions of the                    reasonably foreseeable future                         fishing effort, catches, and fishing
                                               Treaty, as well as changes in other laws.               management measures.                                  methods; and
                                               The Commission typically adopts new                                                                              2. Alternatives that control the
                                                                                                       Alternatives for Consideration                        allocation and use of fishing privileges
                                               conservation and management measures
                                               relevant to this fishery annually. The                     Both no-action and action alternatives             amongst participants in the fishery.
                                               PIPs and the United States agreed to                    have been drafted for consideration                      We address these two classes of draft
                                               amendments to the Treaty and its                        during the public scoping period. NMFS                action alternatives separately here and
                                               Annexes in 2016, along with a                           has not yet identified a preferred                    describe how they would be addressed
                                               Memorandum of Understanding                             alternative or preferred alternatives.                concurrently in the EIS.
                                               regarding their intent to provisionally                 Briefly, these alternatives are:                      Alternatives That Control the Type and
                                               apply some of the amendments pending                    No-Action Alternatives                                Amount of Fishing
                                               completion of ratification and entry into
                                               force. Some provisions of the Treaty                       No-action alternatives are used in                    The controls on type and amount of
                                               Annexes extend only through 2020 or                     NEPA documents to establish the                       fishing will be the primary drivers of
                                               2022. NMFS promulgates regulations to                   baseline against which the                            environmental consequences of the
                                               implement the Commission’s decisions                    environmental impacts of the action                   fishery. The NMFS approach to
                                               (50 CFR part 300, subpart O) under                      alternatives are assessed, and they are               developing action alternatives has been
                                               authority of the Western and Central                    often thought of as either maintaining                to review recent regulations, Treaty
                                               Pacific Fisheries Convention                            the status quo—or current                             terms, and Commission decisions to
                                               Implementation Act (16 U.S.C. 6901 et                   management—or not proceeding with                     understand the potential range of future
                                               seq.) and provisions of the Treaty (50                  the proposed action. There would still                management actions. There has been
                                               CFR part 300, subpart D) under                          be environmental consequences of not                  significant variability in management
                                               authority of the South Pacific Tuna Act                 proceeding with the proposed action,                  approaches in recent years, and both
                                               (16 U.S.C. 973–973r). In addition, NMFS                 and defining no-action alternatives                   more and less restrictive regulatory
                                               may regulate the fishery to meet the                    allows for the explicit evaluation of                 changes have occurred.
                                               requirements of the Endangered Species                  these impacts on their own and in                        Recent controls on the type and
                                               Act (16 U.S.C. 1531 et seq.), Marine                    relation to action alternatives. NMFS is              amount of fishing have focused on
                                               Mammal Protection Act (16 U.S.C. 1361                   considering analyzing two separate no-                limits on fishing effort generally and
                                               et seq.), Magnuson-Stevens Fishery                      action alternatives in this EIS: A no-                restrictions on the use of FADs (i.e.,
                                               Conservation and Management Act (16                     action alternative under which there                  limits on a subset of fishing effort). For
                                               U.S.C. 1801 et seq.), and other                         would be no U.S. purse seine fishery in               both fishing effort and FAD use, NFMS
                                               applicable laws.                                        the WCPO (a no-fishery alternative), as               has drafted alternatives that cover a
                                                  Regulations may control fishing effort               well as a no-action alterative under                  wide range of possible future
                                               and/or catches, specify open and closed                 which fishing operations and                          management outcomes (Table 1). NMFS
                                               areas and/or the use and design of                      management would continue as they                     is suggesting this approach to extend the
                                               fishing gear, among others. Recent                      have in recent years (the status quo                  usefulness of the analysis in this EIS, as
                                               regulatory changes have focused on                      alternative).                                         the environmental impacts of future
                                               Commission decisions limiting total                        Specifics of these two draft no-action             management measures that are not
                                               fishing effort and the number of sets                   alternatives are:                                     specifically analyzed can be quickly
                                               associated with fish aggregating devices                   • No-action alternative A: No fishery.             estimated relative to those that are.
                                               (FADs). The objectives of these                         No U.S. purse seine fishing in any                    Fishing Effort Regulations
                                               decisions include reducing fishing                      portion of the WCPO, which includes
                                               mortality on bigeye tuna (Thunnus                       the EEZs of the United States and other                  The annual fishing effort possible by
                                               obesus), which are caught primarily                     countries, as well as the high seas.                  the U.S. WCPO purse seine fleet is
                                               when fishing on FADs, and controlling                      • No-action alternative B: Status quo.             currently limited by the Treaty, which
                                               fishing mortality on yellowfin tuna                     A fishery with regulatory conditions                  limits the number of license
                                               (Thunnus albacares) and skipjack tuna.                  and fishing activity distributed across               applications that may be forwarded to
                                                  The proposed action in this EIS is the               the EEZs of the United States and other               the Treaty Administrator to 40. Given
                                               continued authorization of the U.S.                     countries and the high seas in                        the recent average of one net set per
                                               purse seine fishery in the WCPO.                        proportions similar to that seen in                   fishing day per vessel and imagining 40
                                               Analysis of this proposed action under                  recent years (2014–2017). Specifically, a             vessels actively fishing about 80 percent
                                               the National Environmental Policy Act                   fishery with approximately 7,000                      of the time, a theoretical maximum
                                               (NEPA; 42 U.S.C. 4321, et seq.) involves                fishing days of effort, 7,000 total net sets          annual effort level is approximately
                                               examining likely future management of                   and 2,800 FAD sets (40 percent FAD                    12,000 fishing days (or 12,000 sets).
                                               the fishery. Since management measures                  sets).                                                Over the last 15 years, the highest
                                               (including Commission decisions,                                                                              annual fishing effort recorded by the
                                                                                                       Action Alternatives                                   fleet was 8,664 fishing days (2014). The
                                               Treaty provisions, and other applicable
                                               laws) can change substantially each                        Action alternatives are generally the              maximum number of U.S. purse seine
                                               year, a wide range of alternative                       management options proposed or                        vessels fishing in any of the last 15 years
                                               regulatory approaches would be                          considered when the NEPA process                      has been 40 (2013 and 2014), but it has
                                               appropriate as action alternatives for                  begins. The action alternatives are                   been as low as 15 vessels (2005) and is
                                               consideration in this EIS.                              meant to describe potential alternative               currently 33 (2018). For the purposes of
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       approaches to achieve the defined                     evaluating potential future management
                                               Purpose and Need for the Proposed                       purpose and need of the proposed                      actions in this EIS, U.S. purse seine
                                               Action                                                  action. NMFS recommends analyzing                     effort levels up to 12,000 fishing days
                                                  The purpose of and need for the                      two specific classes of action                        annually are plausible. Along with the
                                               proposed action is the continued                        alternatives in the EIS:                              two no-action alternatives, representing
                                               authorization of the U.S. purse seine                      1. Alternatives that control the type              0 and 7,000 fishing days of effort,
                                               fishery in the WCPO under existing and                  and amount of fishing, such as limits on              respectively, NMFS is considering


                                          VerDate Sep<11>2014   19:43 Aug 22, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\23AUN1.SGM   23AUN1


                                               42642                       Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices

                                               analyzing three action alternatives with                EEZs) will depend largely on the                      construction materials and reductions in
                                               respect to limits on fishing effort: 5,000,             amount of effort that is available in each            the number of FADs with activated
                                               9,000, and 12,000 fishing days (Table 1).               area each year. For each action                       instrumented buoys. Despite this broad
                                                  The annual fishing effort associated                 alternative, NMFS would address the                   range of potential FAD-related
                                               with the action alternatives would be                   specifics of effort distribution within               management measures, NMFS suggests
                                               distributed across the U.S. EEZ, the high               each alternative (Table 1) separately;                that the total number of FAD sets—
                                               seas, and the EEZs of the PIPs. Since                   and where necessary, NMFS would                       measured as the proportion of total sets
                                               2009, fishing effort in the U.S. EEZ and                discuss the implications of variable                  made—could approximate the
                                               on the high seas in the WCPFC                           effort distribution on impacts of that                implications of any proposed future
                                               Convention Area has been limited in                     alternative to the human environment.                 FAD management measure.
                                               accordance with Commission decisions.
                                               The limits on the number of days of                     FAD Regulations                                          NMFS recommends evaluating four
                                               effort have, in the past, applied to the                   Fish aggregating devices, or FADs, are             levels of FAD restrictions, ranging from
                                               combined high seas and the U.S. EEZ                     generally floating objects; they include              a full prohibition on FAD sets to a
                                               (referred to in U.S. fisheries regulations              natural objects as well as rafts deployed             higher proportion of FAD sets than seen
                                               as the Effort Limit Area for Purse Seine,               from purse seine vessels specifically to              in recent years, across each of the
                                               or ELAPS). The combined U.S. EEZ and                    aggregate tuna. FADs tend to attract                  fishing effort-based alternatives (Table
                                               high seas limits dropped from 2,588                     marine life, including tunas, and can be              1). The proportion of total sets that
                                               fishing days per year in 2009–2013 to                   an effective method to increase tuna                  would occur on FADs across this range
                                               1,828 fishing days per year in 2014–                    catch per unit of fishing effort. Purse               would be equal to 0, 20, 40 and 60
                                               2017. Future effort limits could apply to               seine sets on FADs tend to result in                  percent of the total number of sets
                                               the U.S. EEZ and high seas areas                        higher catches of targeted skipjack tuna              made. FAD restrictions leading to 40
                                               separately. NMFS has recently                           than unassociated sets, but also increase             percent of total sets on FADs would be
                                               implemented a limit of 458 fishing days                 the catch of bigeye tuna—most of which                similar to the FAD restrictions
                                               in the U.S. EEZ—with the potential to                   is relatively young—and young                         experienced by the fleet over the last
                                               increase to 558 fishing days if certain                 yellowfin tuna, as well as other marine               five years (average 38 percent of sets on
                                               conditions are met—and 1,370 fishing                    life. Recent FAD regulations have                     FADs, 2013–2017) when a range of FAD
                                               days on the high seas for 2018 (see final               included: Prohibitions on the times and/              management measures were in place.
                                               rule implementing recent decisions of                   or locations that FADs can be deployed,               The 20 percent and 60 percent FAD set
                                               the WCPFC at 83 FR 33851, published                     serviced, or set on; limits on the annual             proportions bound the range of FAD set
                                               July 18, 2018; hereafter ‘‘2018 Final                   number of FAD-directed purse seine                    proportions for the fleet over during the
                                               Rule’’).                                                sets; and a combination of both seasonal              last decade (min 27 percent, max 54
                                                  The number of fishing days available                 prohibitions and numerical limits. In                 percent, 2008–2017). The full
                                               to the U.S. purse seine fleet in the EEZs               addition, a recent Commission decision                prohibition level (0 percent FAD sets)
                                               of the PIPs is higher than the number of                includes a limit of 350 FADs with                     ensures the complete range of potential
                                               fishing days available in the U.S. EEZ or               activated instrumented buoys that each                FAD restrictions will be analyzed in the
                                               on the high seas. The Treaty specifies a                fishing vessel may have deployed at any               EIS.
                                               set number of ‘‘upfront’’ days that are                 given time (see 2018 Final Rule).
                                                                                                          NMFS has implemented FAD-use                          These proposed action alternatives,
                                               available each year for the U.S. fleet to
                                                                                                       prohibition periods for the U.S. purse                related to controls on the type and
                                               fish in the EEZs of PIPs. The Treaty
                                                                                                       seine fleet in the WCPFC Convention                   amount of fishing, are meant to capture
                                               Annexes stipulate the maximum
                                               number of upfront days that are                         Area for 2009–2017 in line with                       the full range of foreseeable future
                                               available to the U.S. fleet and the price               Commission decisions. The prohibition                 management measures in the fishery. By
                                               per day. The Treaty also identifies that                periods were in August and September                  combining a wide range of fishing effort
                                               ‘‘additional’’ days can be purchased by                 in 2009, July through September in                    levels and FAD restrictions into these
                                               the owners of U.S. vessels directly from                2010–2012, July through October in                    proposed action alternatives (Table 1),
                                               individual PIPs. Any conditions put by                  2013 and 2014, and July through                       the impact analysis should be relevant
                                               the PIPs on the use of these additional                 September in 2015–2017. There was                     to a wide range of future management
                                               days must be consistent with the Treaty                 also a complete prohibition on the use                measures related to effort or FAD
                                               terms, but no other specifications—such                 of FADs on the high seas for 2017. The                restrictions. NMFS interprets these
                                               as price—are defined in the Treaty.                     2018 Final Rule established FAD use                   fishing effort and FAD restrictions as
                                               Provisions allowing for additional                      prohibitions for a three-month period                 proxies for other types of management
                                               fishing day purchases were adopted as                   (July through September in 2018) and an               measures, meaning the application of
                                               part of the 2016 amendments to the                      additional FAD use prohibition period                 the impact analysis can be wider still.
                                               Treaty, and 2017 was the first year that                in high seas areas for two months                     For example, fishing effort levels would
                                               the option of purchasing additional days                (November and December 2018). In                      be directly applicable to management
                                               was available under the amended                         addition to FAD setting prohibitions,                 measures specifying skipjack tuna or
                                               Treaty. The only limit to the number of                 NMFS limited the total number of purse                yellowfin tuna catch limits as well as a
                                               additional days available to the U.S.                   seine sets on FADs (‘‘FAD sets’’) to                  range of time and area closures. FAD
                                               purse seine fleet are limits internally                 2,522 per year in 2016 and 2017, in line              restrictions—measured as proportion of
                                               agreed by the PIPs on the number of                     with Commission decisions. The                        sets on FADS—are proxies for bigeye
                                               fishing days they will make available—                  Commission did not establish FAD set                  tuna and yellowfin tuna catch limits,
daltland on DSKBBV9HB2PROD with NOTICES




                                               which might be informed to some                         limits for 2018.                                      FAD design or material specification,
                                               degree by the decisions of the WCPFC—                      Reasonably foreseeable future FAD                  and a range of FAD set closure times
                                               and competition for their purchase by                   measures for the fleet could include                  and/or locations. With this approach,
                                               other international purse seine fleets.                 further FAD use prohibition periods                   nearly all foreseeable future
                                                  Ultimately, the spatial distribution of              and/or set limits as seen in recent years,            management measures can be evaluated
                                               fishing effort (i.e., with respect to the               as well as the potential for limitations              relative to the environmental impacts of
                                               U.S. EEZ, the high seas, and the PIPs’                  for FAD design, restrictions for FAD                  these proposed action alternatives.


                                          VerDate Sep<11>2014   19:43 Aug 22, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\23AUN1.SGM   23AUN1


                                                                                      Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices                                                                                 42643

                                                TABLE 1—THE AMOUNT OF FISHING EFFORT, IN FISHING DAYS, AND NUMBER OF FAD SETS UNDER PROPOSED ACTION
                                                   AND NO-ACTION ALTERNATIVES THAT CONTROL THE TYPE AND AMOUNT OF FISHING TO BE ANALYZED IN AN ENVI-
                                                   RONMENTAL IMPACT STATEMENT FOR THE U.S. WCPO PURSE SEINE FISHERY

                                                                                                                                                                                                                            Fishing effort   Number of
                                                                                                                           Alternative                                                                                      (fishing days)   FAD sets

                                               No Action A ..............................................................................................................................................................               0             n/a
                                                   Action 1a ...........................................................................................................................................................            5,000               0
                                                   Action 1b ...........................................................................................................................................................            5,000          1,000
                                                   Action 1c ...........................................................................................................................................................            5,000          2,000
                                                   Action 1d ...........................................................................................................................................................            5,000          3,000
                                               No Action B ..............................................................................................................................................................           7,000          2,800
                                                   Action 2a ...........................................................................................................................................................            9,000               0
                                                   Action 2b ...........................................................................................................................................................            9,000          1,800
                                                   Action2c ............................................................................................................................................................            9,000          3,600
                                                   Action 2d ...........................................................................................................................................................            9,000          5,400
                                                   Action 3a ...........................................................................................................................................................           12,000               0
                                                   Action 3b ...........................................................................................................................................................           12,000          2,400
                                                   Action 3c ...........................................................................................................................................................           12,000          4,800
                                                   Action 3d ...........................................................................................................................................................           12,000          7,200



                                               Control of Allocation and Use of Fishing                                      NMFS is considering evaluation of                                        fishing day use as there are not vessel
                                               Privileges                                                                 three alternative allocation and use                                        specific limits to monitor. NMFS seeks
                                                                                                                          tracking approaches that would fulfill                                      comment on the appropriate ‘‘level’’ for
                                                  One of the most significant
                                                                                                                          the requirements defined above. These                                       allocation and use tracking of fishing
                                               amendments to the Treaty in 2016 is the
                                                                                                                          approaches are action alternatives that                                     privileges in these proposed
                                               way that vessel owners obtain and pay
                                                                                                                          would first be compared separately and                                      alternatives; be it the vessel, the vessel
                                               for fishing privileges—fishing days—in
                                                                                                                          then discussed relative to any                                              owner or some other level. Second, the
                                               the EEZs of the PIPs. As described
                                                                                                                          differential impact they would have on                                      numbers of U.S. EEZ and high seas
                                               previously, both upfront and additional
                                                                                                                          the human environment when                                                  fishing days available to the fleet in the
                                               days are available under the Treaty to
                                                                                                                          combined with the no-action and action                                      WCPO have been limited since 2009 in
                                               U.S. purse seine vessels. The Treaty
                                                                                                                          alternatives in Table 1. Like the control                                   accordance with decisions of the
                                               specifies requirements for the timing of                                   of type and amount of fishing                                               Commission. These limited fishing
                                               notification of upfront fishing day                                        alternatives, these control of allocation                                   privileges have not previously been
                                               commitments, transfers of upfront                                          and use alternatives are intended to                                        subject to allocation and are fished in an
                                               fishing days among vessel owners, and                                      bound the full range of possibilities for                                   ‘‘Olympic’’ or ‘‘derby’’ style; meaning
                                               notifications of additional fishing day                                    analysis; and proceed from the lowest to                                    that they are available on a first-come,
                                               arrangements. In the first two years                                       highest level of NMFS oversight. The                                        first-served basis to vessels that are
                                               under the amended Treaty (2017 and                                         three proposed alternatives are:                                            permitted to fish in those areas. NMFS
                                               2018), vessel owners have collaborated                                        1. An industry-led allocation and use                                    is also seeking comment on whether the
                                               to allocate the available upfront days                                     tracking method, where decisions                                            proposed alternatives for control of
                                               amongst themselves, conduct in-season                                      related to allocation, transfers and                                        allocation and use of fishing privileges
                                               transfers of those days, and                                               tracking of available fishing privileges                                    should be extended from considering
                                               communicate both information on                                            were made by an organization of fishery                                     only privileges under Treaty to include
                                               upfront and additional day                                                 participants based on approaches they                                       fishing privileges in the U.S. EEZ and
                                               arrangements to NMFS. NMFS has                                             collectively specified;                                                     on the high seas in the WCPO—to the
                                               provided owners with updates on day                                           2. A collaborative industry-NMFS                                         extent it is limited under WCPFC or
                                               usage as well as helped informally                                         approach where NMFS would facilitate                                        other decisions.
                                               resolve issues that arise over fishing                                     industry decisions regarding allocation,                                       NMFS recognizes that consultation
                                               days between U.S. vessels owners and                                       transfer, and use through both                                              and collaboration with U.S. purse seine
                                               PIPs, based on data available to NMFS.                                     regulatory and non-regulatory                                               vessel owners and operators on the
                                                  NMFS is proposing to evaluate                                           mechanisms; and                                                             approaches for allocation of effort in
                                               alternative approaches for allocation,                                        3. A specified allocation, transfer and                                  this fishery is needed, and sees this
                                               transfers and use tracking of fishing                                      use-tracking approach primarily under                                       notice of intent to develop an EIS as an
                                               privileges under the Treaty. These                                         NMFS management and oversight.                                              initial step in this process. The public
                                               alternatives would address the                                                Besides comments on these three                                          comment received through this notice of
                                               following considerations: (1) Timely                                       proposed allocation and use                                                 intent and analysis of alternatives for
                                               provision of information to meet                                           alternatives, NMFS is specifically                                          allocation and use of fishing privileges
                                               requirements and obligations of the                                        requesting comment on two additional                                        in this EIS will inform future NMFS-
                                               United States under the Treaty,                                            aspects of these alternatives. The first                                    industry discussions.
                                               decisions of the Commission and other                                      concerns allocation and use of fishing
daltland on DSKBBV9HB2PROD with NOTICES




                                               U.S. law; (2) addressing and resolving                                     privileges. Treaty and implementing                                         Summary
                                               allocation disputes; (3) addressing                                        agreements currently allow for                                                 Given the wide range of potential
                                               vessels joining or leaving the fishery; (4)                                assignment of vessel days at the U.S.                                       future management approaches in this
                                               providing flexibility to fleet participants                                vessel owner level. Tracking at the                                         fishery, NMFS is proposing action
                                               with respect to obtaining and using                                        vessel owner level provides flexibility                                     alternatives that span the broad range of
                                               fishing days from PIPs; and (5)                                            for those owners that have multiple                                         management measures foreseeable
                                               minimizing regulatory burden and cost.                                     vessels, but complicates the tracking of                                    under U.S. regulations to implement the


                                          VerDate Sep<11>2014         19:43 Aug 22, 2018         Jkt 244001       PO 00000       Frm 00008        Fmt 4703       Sfmt 4703      E:\FR\FM\23AUN1.SGM               23AUN1


                                               42644                       Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices

                                               Treaty, decisions of the Commission,                    directed to Walter Ikehara, (808) 725–                IV. Request for Comments
                                               and other U.S. law. In total, NMFS has                  5175 or Walter.Ikehara@noaa.gov.                         Comments are invited on: (a) Whether
                                               tentatively identified two no-action                    SUPPLEMENTARY INFORMATION:                            the proposed collection of information
                                               alternatives, three action alternatives                                                                       is necessary for the proper performance
                                               related to controls on the type and                     I. Abstract
                                                                                                                                                             of the functions of the agency, including
                                               amount of fishing (Table 1), and three                     This request is for extension of a                 whether the information shall have
                                               alternatives related to the allocation and              current information collection.                       practical utility; (b) the accuracy of the
                                               use of fishing privileges. NMFS plans to                   The National Marine Fisheries Service              agency’s estimate of the burden
                                               analyze the environmental                               (NMFS) requires any U.S. citizen issued               (including hours and cost) of the
                                               consequences of implementing each of                    a Special Coral Reef Ecosystem Fishing                proposed collection of information; (c)
                                               the alternatives by assessing the direct,               Permit to complete logbooks and submit                ways to enhance the quality, utility, and
                                               indirect, and cumulative effects of each                them to NMFS (50 CFR 665). The                        clarity of the information to be
                                               to the human environment in the                         Special Coral Reef Ecosystem Fishing                  collected; and (d) ways to minimize the
                                               Western and Central Pacific Ocean.                      Permit is authorized under the Fishery                burden of the collection of information
                                                  By evaluating alternatives that span                 Ecosystem Plans for American Samoa                    on respondents, including through the
                                               the full range of reasonably foreseeable                Archipelago, Hawaiian Archipelago,                    use of automated collection techniques
                                               future management measures, the                         Mariana Archipelago, and Pacific                      or other forms of information
                                               environmental impacts of future                         Remote Island Areas. The information                  technology.
                                               management actions not explicitly                       in the logbooks is used to obtain fish                   Comments submitted in response to
                                               analyzed could be estimated relative to                 catch/fishing effort data on coral reef               this notice will be summarized and/or
                                               those calculated in this EIS.                           fishes and invertebrates harvested in                 included in the request for OMB
                                                  Authority: 42 U.S.C. 4321 et seq.                    designated low-use marine protected                   approval of this information collection;
                                                 Dated: August 20, 2018.                               areas and on those listed in the                      they also will become a matter of public
                                               Margo B. Schulze-Haugen,
                                                                                                       regulations as potentially-harvested                  record.
                                                                                                       coral reef taxa in waters of the U.S.                   Dated: August 19, 2018.
                                               Acting Director, Office of Sustainable
                                               Fisheries, National Marine Fisheries Service.
                                                                                                       exclusive economic zone in the western                Sarah Brabson,
                                                                                                       Pacific region. These data are needed to
                                               [FR Doc. 2018–18194 Filed 8–22–18; 8:45 am]                                                                   NOAA PRA Clearance Officer.
                                                                                                       determine the condition of the stocks,
                                               BILLING CODE 3510–22–P                                                                                        [FR Doc. 2018–18171 Filed 8–22–18; 8:45 am]
                                                                                                       whether the current management
                                                                                                       measures are having the intended                      BILLING CODE 3510–22–P

                                                                                                       effects, and to evaluate the benefits and
                                               DEPARTMENT OF COMMERCE
                                                                                                       costs of changes in management
                                                                                                       measures. The logbook information                     DEPARTMENT OF COMMERCE
                                               National Oceanic and Atmospheric
                                               Administration                                          includes interactions with protected                  National Oceanic and Atmospheric
                                                                                                       species, including sea turtles, monk                  Administration
                                               Proposed Information Collection;                        seals, and other marine mammals,
                                               Comment Request; Pacific Islands                        which are used to monitor and respond                 Proposed Information Collection;
                                               Region Coral Reef Ecosystems                            to incidental takes of endangered and                 Comment Request; Pacific Islands
                                               Logbook and Reporting                                   threatened marine species.                            Region Coral Reef Ecosystems Permit
                                               AGENCY: National Oceanic and                            II. Method of Collection                              Form
                                               Atmospheric Administration (NOAA),                         Reports are submitted to NMFS in the               AGENCY: National Oceanic and
                                               Commerce.                                               form of paper logbook sheets and paper                Atmospheric Administration (NOAA),
                                               ACTION: Notice.                                         transshipment forms within 30 days of                 Commerce.
                                                                                                       each landing of coral reef harvest. No                ACTION: Notice.
                                               SUMMARY:    The Department of
                                                                                                       electronic forms or web-based reporting
                                               Commerce, as part of its continuing                                                                            The Department of
                                                                                                                                                             SUMMARY:
                                                                                                       is currently available. Notifications are
                                               effort to reduce paperwork and                                                                     Commerce, as part of its continuing
                                                                                                       submitted via telephone.
                                               respondent burden, invites the general                                                             effort to reduce paperwork and
                                               public and other Federal agencies to                    III. Data                                  respondent burden, invites the general
                                               take this opportunity to comment on                                                                public and other Federal agencies to
                                                                                                          OMB Control Number: 0648–0462.
                                               proposed and/or continuing information                                                             take this opportunity to comment on
                                                                                                          Form Number(s): None.
                                               collections, as required by the                                                                    proposed and/or continuing information
                                                                                                          Type of Review: Regular submission
                                               Paperwork Reduction Act of 1995.                                                                   collections, as required by the
                                                                                                       (extension of a currently approved
                                               DATES: Written comments must be                                                                    Paperwork Reduction Act of 1995.
                                                                                                       information collection).
                                               submitted on or before October 22,                         Affected Public: Business or other for- DATES  : Written comments must be
                                               2018.                                                   profit organizations; individuals or       submitted   on or before October 22,
                                               ADDRESSES: Direct all written comments                  households.                                2018.
                                               to Jennifer Jessup, Departmental                           Estimated Number of Respondents: 5. ADDRESSES: Direct all written comments
                                               Paperwork Clearance Officer,                               Estimated Time Per Response: Pre-trip to Jennifer Jessup, Departmental
                                               Department of Commerce, Room 6616,                      and pre-landing notifications, 3           Paperwork Clearance Officer,
daltland on DSKBBV9HB2PROD with NOTICES




                                               14th and Constitution Avenue NW,                        minutes; logbook reports, 30 minutes;      Department of Commerce, Room 6616,
                                               Washington, DC 20230 (or via the                        transshipment reports, 15 minutes.         14th and Constitution Avenue NW,
                                               internet at docpra@doc.gov).                               Estimated Total Annual Burden           Washington, DC 20230 (or via the
                                               FOR FURTHER INFORMATION CONTACT:                        Hours: 18.                                 internet at docpra@doc.gov).
                                               Requests for additional information or                     Estimated Total Annual Cost to          FOR FURTHER INFORMATION CONTACT:
                                               copies of the information collection                    Public: $100 in recordkeeping/reporting Requests for additional information or
                                               instrument and instructions should be                   costs.                                     copies of the information collection


                                          VerDate Sep<11>2014   19:43 Aug 22, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\23AUN1.SGM   23AUN1



Document Created: 2018-08-23 00:34:15
Document Modified: 2018-08-23 00:34:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; intent to prepare an environmental impact statement; announcement of public scoping period; request for comments.
DatesTo ensure consideration during the development of this EIS, written comments on the scope and alternatives to be considered in the EIS must be submitted no later than October 8, 2018.
ContactDavid O'Brien, NMFS PIRO, at [email protected], or at (808) 725-5038.
FR Citation83 FR 42640 
RIN Number0648-XG26

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR