SUPPLEMENTARY INFORMATION:

Over 100 species of coral are included in the FMP for the Coral and Coral Reef Resources of the Gulf. In 2013, the Council held a workshop to discuss how corals may be affected by Gulf fisheries. One of the workshop recommendations was for the Council to consider additional habitat protections for new and existing coral areas in the Gulf. While designating particular sites within existing coral essential fish habitat (EFH) as HAPCs does not provide any additional specific protections to designated areas, it can be used to focus attention on those areas for future Council actions and when NMFS conducts required EFH consultations on Federal actions that may adversely affect the habitat.

In December 2014, the Council convened their Coral Working Group to discuss which areas in the Gulf may warrant specific protection for corals. The group identified 47 areas, including existing HAPCs, that may be in need of new or revised protection and recommended that new areas also be designated as HAPCs. In May 2015, the Council's Special Coral Scientific and Statistical Committee (SSC) and Coral Advisory Panel (AP) reviewed these areas along with members of the shrimp fishing community and recommended that the boundaries of some of the areas be refined based on available fishing information. In August 2016, the Council's Coral SSC, Coral AP, Shrimp AP, as well as Council invitees including royal red shrimp fishermen and bottom longline fishermen, provided input to the Council and recommended that 14 areas be designated as HAPCs with accompanying fishing regulations and 8 areas be designated without accompanying fishing regulations. Based on this input, the Council began developing Amendment 9.

NMFS, in collaboration with the Council, will develop a DEIS to describe and analyze alternatives to address the management needs described above including the “no action” alternative. The Amendment 9 DEIS will describe and analyze the modification of fishing regulations within the existing Pulley Ridge HAPC boundary, the establishment of 22 new HAPCs, and the exclusion of dredge fishing in all HAPCs that are managed with fishing regulations.

In accordance with NOAA's Administrative Order 216-6A, accompanying National Environmental Protection Act (NEPA) Procedures (companion manual), and the Scoping Process, NMFS, in collaboration with the Council, has identified preliminary environmental issues as a means to initiate discussion for scoping purposes only. The public is invited to provide written comments on the preliminary issues, which are identified as actions and alternatives in the Amendment 9 draft public hearing paper and action guide. These preliminary issues may not represent the full range of issues that eventually will be evaluated in the DEIS. A copy of the Amendment 9 draft public hearing paper and action guide are available at http://sero.nmfs.noaa.gov/​sustainable_​fisheries/​gulf_​fisheries/​coral/​Coral9/​Coral9index.html. Additionally, public comments will be solicited at public hearings held by the Council, which are planned for spring 2018 and will be announced in the Federal Register . ( printed page 60004)

After the DEIS associated with Amendment 9 is completed, it will be filed with the Environmental Protection Agency (EPA). After filing, the EPA will publish a notice of availability (NOA) of the DEIS for public comment in the Federal Register . The DEIS NOA will have a 45-day comment period. This procedure is pursuant to regulations issued by the Council on Environmental Quality (CEQ) for implementing the procedural provisions of the NEPA (40 CFR parts 1500-1508) and to NOAA's Administrative Order 216-6A regarding NOAA's compliance with NEPA and the CEQ regulations.

The Council and NMFS will consider public comments received on the DEIS in developing the final environmental impact statement (FEIS), and before the Council votes to submit Amendment 9 to NMFS for Secretarial review and implementation under the Magnuson-Stevens Act. NMFS will announce in the Federal Register the availability of the final amendment and FEIS for public review during the Secretarial review period, and will consider all public comments prior to final agency action to approve, disapprove, or partially approve the final amendment. During Secretarial review, NMFS will also file the FEIS with the EPA and the EPA will publish an NOA for the FEIS in the Federal Register .

NMFS will announce, through a notice published in the Federal Register , all public comment periods on the final amendment, the proposed implementing regulations, and the availability of the associated FEIS. NMFS will consider all public comments received during the Secretarial review period, whether they are on the final amendment, the proposed regulations, or the FEIS, prior to final agency action.

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

82 FR 60003