Notice of Intent To Prepare an Environmental Impact Statement for Sea Turtle Conservation and Recovery in Relation to the Atlantic Ocean and Gulf of Mexico Trawl Fisheries and To Conduct Public Scoping Meetings, 21627-21631 [E9-10674]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Notices]
[Pages 21627-21631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP04


Notice of Intent To Prepare an Environmental Impact Statement for 
Sea Turtle Conservation and Recovery in Relation to the Atlantic Ocean 
and Gulf of Mexico Trawl Fisheries and To Conduct Public Scoping 
Meetings

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

ACTION: Notice of intent to prepare an Environmental Impact Statement 
and conduct public scoping meetings.

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SUMMARY: NMFS intends to prepare an Environmental Impact Statement 
(EIS) and to conduct public scoping meetings to comply with the 
National Environmental Policy Act (NEPA) by assessing potential impacts 
resulting from the proposed implementation of new sea turtle 
regulations in the Atlantic and Gulf of Mexico trawl fisheries. These 
requirements are proposed to protect threatened and endangered sea 
turtles in the western Atlantic Ocean and Gulf of Mexico from 
incidental capture, and would be implemented under the Endangered 
Species Act (ESA). NMFS announced consideration of rulemaking for these 
new sea turtle regulations February 15, 2007 in an Advance Notice of 
Public Rulemaking.

DATES: The public scoping period starts May 8, 2009 and will continue 
until July 10, 2009. NMFS will consider all written comments received 
or postmarked by July 10, 2009, in defining the scope of the EIS. 
Comments received or postmarked after that date will be considered to 
the extent practicable. Verbal comments will be accepted at the NMFS 
scoping meetings as specified below.

ADDRESSES:  NMFS will hold public scoping meetings to provide the 
public with an opportunity to present verbal comments on the scope of 
the EIS and to learn more about the proposed action from NMFS 
officials. Where practical, NMFS will hold scoping meetings in 
conjunction with Council/Commission meetings. Scoping meetings will be 
held at the following locations:
    1. Silver Spring--NOAA Science Center, 1301 East West Highway, 
Silver Spring, MD 20910.
    2. New York--Mid-Atlantic Fishery Management Council meeting, 
Radisson Martinique on Broadway, 49 West 32nd Street, New York, NY 
10001.
    3. Brunswick--Georgia Department of Natural Resources Coastal 
Division Headquarters, Conservation Way, Brunswick, GA 31520.
    4. Manteo--Roanoke Festival Park, Small Auditorium, One Festival 
Park, Manteo, NC 27954.
    5. Portland--New England Fishery Management Council meeting, 
Holiday Inn by the Bay, 88 Spring Street, Portland, ME 04101.
    The meeting dates are:
    1. May 15, 2009, 10 a.m. to 12 p.m., Silver Spring, MD.
    2. June 9, 2009, 7 p.m. to 9 p.m., New York, NY.
    3. June 15, 2009, 7 p.m. to 9 p.m., Brunswick, GA.
    4. June 20, 2009, 2 p.m. to 4 p.m., Manteo, NC.
    5. June 23, 2009, 7 p.m. to 4 p.m., Portland, ME.
    In addition to the five scoping meetings, NMFS will also present 
the Scoping document to the four Atlantic Regional Fishery Management 
Councils (FMCs) (New England, Mid-Atlantic, South Atlantic and Gulf of 
Mexico FMCs) and the Atlantic States Marine Fisheries Commissions. 
Please see the Councils' and Commission's May and June meeting notices 
for agenda, dates, times and locations.
    Written comments on the scope of the EIS should be sent to 
Alexis.Gutierrez@noaa.gov, 1315 East West Highway, Silver Spring, MD 
20910; 301-713-2322 or fax 301-713-4060. Additional information, 
including the Scoping document, can be found at: https://www.nmfs.noaa.gov/pr/species/turtles/regulations.htm.
    All comments, whether offered verbally in person at the scoping 
meetings or in writing as described above, will be considered.

FOR FURTHER INFORMATION CONTACT:  Dennis Klemm (ph. 727-824-5312, fax 
727-824-5309, email Dennis.Klemm@noaa.gov), Pasquale Scida (ph. 978-
281-9208, fax 978-281-9394, email Pasquale.Scida@noaa.gov), Alexis 
Gutierrez (ph. 301-713-2322, fax 301-713-4060, email 
Alexis.Gutierrez@noaa.gov).

SUPPLEMENTARY INFORMATION:

Background

    All sea turtles that occur in U.S. waters are listed as either 
endangered or threatened under the Endangered Species Act of 1973 
(ESA). The Kemp's ridley (Lepidochelys kempii), leatherback 
(Dermochelys coriacea), and hawksbill (Eretmochelys imbricata) are 
listed as endangered. Loggerhead (Caretta caretta) and green (Chelonia 
mydas) turtles are listed as threatened, except for breeding 
populations of green turtles in Florida and on the Pacific coast of 
Mexico, which are listed as endangered. Due to the inability to 
distinguish these green turtle populations away from the nesting beach, 
green turtles are considered endangered wherever they occur in United 
States waters. Incidental capture (bycatch) of sea turtles in fisheries 
is a primary factor hampering the recovery of sea turtles in the 
Atlantic Ocean and the Gulf of Mexico.
    To address this factor comprehensively, NMFS initiated a Strategy 
for Sea Turtle Conservation and Recovery in Relation to Atlantic Ocean 
and Gulf of Mexico Fisheries (Strategy). The Strategy is a gear-based 
approach to addressing sea turtle bycatch. Certain types of fishing 
gear are more prone to incidentally capture sea turtles than others, 
depending on the design of the gear, the way the gear is fished, and/or 
the time and area within which it is fished. The Strategy provides a 
framework to evaluate sea turtle

[[Page 21628]]

interactions by gear type in order to have a more comprehensive 
assessment of fishery impacts across fishing sectors as well as across 
state, federal, and regional boundaries. Through this Strategy, NMFS 
seeks to address sea turtle bycatch across jurisdictional boundaries 
and fisheries for gear types that have the greatest impact on sea 
turtle populations.
    Based on documented sea turtle-fishery interactions, NMFS has 
identified several gear types that need to be addressed to reduce 
incidental capture of sea turtles. These gear types include, but are 
not limited to: gillnets, longlines, trap/pot and trawl gear. Trawl 
gear has been identified as a priority for addressing sea turtle 
bycatch, given our knowledge of the level of bycatch in this gear and 
the availability of technology that is effective at excluding sea 
turtles from capture in trawl gear.
    Trawling is a method of fishing that involves actively pushing or 
towing a net through the water. Because trawl gear is pushed or towed, 
it has the capability to incidentally capture sea turtles and other 
species that are not the intended target of the fishery. The likelihood 
of incidental capture is inherent in the basic design of trawls, 
regardless of the target species. Trawl fisheries with documented 
observer coverage or historical bycatch information that occur in known 
areas and times of sea turtle distribution have consistently been shown 
to capture sea turtles. In fact, trawling is often used as a means to 
capture sea turtles for research, distribution studies, and relocation 
because of the effectiveness of this method. Without an avenue for 
escape, sea turtles captured in trawl gear may drown due to forced 
submergence. Even when drowning does not occur, the stress of forced 
submergence has been shown to result in various negative physiological 
consequences that can make the turtles susceptible to delayed 
mortality, predation, boat strike or other sources of injury and 
mortality (including potentially higher mortality if repeated capture 
occurs).
    NMFS is now working to develop and implement bycatch reduction 
regulations for trawl fisheries in the Atlantic and Gulf of Mexico when 
and where sea turtle bycatch has occurred or where gear, time, 
location, fishing method, and other similarities exist between a 
particular trawl fishery and a trawl fishery where sea turtle bycatch 
has occurred. Turtle Excluder Devices (TEDs) have been proven to be an 
effective method to minimize adverse effects related to sea turtle 
bycatch in the shrimp trawl fishery, summer flounder trawl fishery, 
several state trawl fisheries, and certain other trawl fisheries around 
the world. TEDs have an escape opening, usually covered by a webbing 
flap that allows sea turtles to escape from trawl nets. While TEDs have 
potential as a bycatch reduction device for all trawl fisheries, 
differences in trawl designs and fishing methods may necessitate 
modifications or adjustments to the design of existing TEDs before they 
can be applied in other trawl fisheries. Testing is necessary to ensure 
that feasible TED designs for specific fisheries still accomplish the 
desired sea turtle bycatch reduction goals and to determine the TEDs' 
impact on target catch retention. It is possible that TEDs may not be 
feasible for some trawl fisheries. In the event that TEDs are not a 
viable option, other regulations, e.g., tow time restrictions and time/
area closures, may need to be considered. NMFS anticipates a phased 
approach to the implementation of regulations to reduce sea turtle 
bycatch in trawl fisheries as the information needed to support and 
properly analyze regulations in various trawl type becomes available. 
The ANPR specified those trawl fisheries for which the first phase of 
establishment of conservation measures via regulation are being 
considered.
    Under the Strategy, there is a proposed three-phase approach to 
regulating trawl fisheries. The first phase, ``Trawl Phase I,'' will 
include the following fisheries summer flounder, Atlantic sea scallop, 
whelk, calico scallop and the flynet fisheries for croaker and 
weakfish. The second phase, ``Trawl Phase II,'' will likely include 
sheepshead/black drum/king whiting, porgy, skimmer, Spanish sardine/
scad/ladyfish/ butterfish, trynet, squid/mackerel/butterfish, and 
multispecies (large and small mesh) trawl fisheries. Phase three, 
``Trawl Phase III,'' will likely include the skate, horseshoe crab, 
monkfish, bluefish, spiny dogfish, and the herring trawl fisheries. 
Given that NMFS is still in the process of developing and testing the 
appropriate TED technology for phases two and three fisheries, it is 
possible that some fisheries in Phase II may move to Phase III or vice 
versa. Additional trawl fisheries that may exist or develop but have 
not been identified above would also be considered in Phase II and/or 
Phase III as information becomes available on those fisheries. For some 
of these fisheries, TEDs may not be effective given the configuration 
of the gear or the size of the target species. For those fisheries in 
which TEDs are not effective, other mitigation measures, such as time 
and area closures or tow time restrictions, may be considered. This EIS 
will provide background on the overall Strategy but, due to the state 
of the current knowledge on Phase II and Phase III, the EIS analyses 
will focus on fisheries that were identified for Trawl - Phase I.
    As mentioned previously, the incidental capture of sea turtles in 
certain trawl fisheries has been documented in the Gulf of Mexico and 
the northwest Atlantic. Under the ESA and its implementing regulations, 
taking sea turtles is prohibited, with exceptions identified in 50 CFR 
223.206. The incidental taking of threatened sea turtles during shrimp 
or summer flounder trawling is exempted from the taking prohibition of 
section 9 of the ESA if the conservation measures specified in the sea 
turtle conservation regulations (50 CFR 223.206(d)) are followed. The 
conservation regulations require most shrimp trawlers and summer 
flounder trawlers operating in the southeastern United States (Atlantic 
Area and Gulf of Mexico Area) to have a NMFS-approved TED installed in 
each net that is rigged for fishing to provide for the escape of sea 
turtles. Under 50 CFR 222.102, a shrimp trawler is defined as any 
vessel that is equipped with one or more trawl nets and that is capable 
of, or used for, fishing for shrimp, or whose on-board or landed catch 
of shrimp is more than 1 percent, by weight, of all fish comprising its 
on-board or landed catch.
    TEDs are devices with an escape opening, usually covered by a 
webbing flap, that when installed in trawl nets allows sea turtles to 
escape and avoid drowning or serious injury. There are a variety of 
different TED designs approved by NMFS for use in various trawl 
fisheries depending on trawl type, target catch, and fisherman 
preference. The list of approved TEDs and detailed descriptions of 
their construction and measurements are contained in 50 CFR 223.207. To 
be approved for use by NMFS, a TED design must be shown to be at least 
97 percent effective in excluding sea turtles during experimental TED 
testing. TEDs must meet generic criteria based upon certain parameters 
of TED design, configuration, and installation, including height and 
width dimensions of the TED opening through which the turtles escape.
    To allow the release of leatherback and large loggerhead sea 
turtles, NMFS required the use of large escape openings in the shrimp 
fishery in February 2003 (68 FR 8456; February 21, 2003). The February 
2003 regulations required the use of either the

[[Page 21629]]

double cover flap TED, which is a TED with a minimum opening of 71-inch 
(180 cm) straight-line stretched mesh, or the Parker soft TED with a 
minimum 96-inch (244-cm) opening in offshore waters (from the seaward 
from the U.S. Coast Guard demarcated lines provided under the 
International Regulations for Preventing Collisions at Sea [COLREGS 
demarcation lines, 33 CFR part 80] line seaward) and in all inshore 
waters off of Georgia and South Carolina; and required a TED with a 
minimum opening of 44-inch (112 cm) straight-line stretched mesh with a 
20-inch (51 cm) vertical taut height in all inshore waters (from the 
COLREGS demarcation line landward) except for the inshore waters of 
Georgia and South Carolina. At this time, the large-opening TED is only 
required in the shrimp trawl fishery.

Summer Flounder Fishery

    Since 1992, all vessels using bottom trawls to fish for summer 
flounder in specific times and areas off Virginia and North Carolina 
have been required to use NMFS-approved TEDs in their nets (57 FR 
57358, December 4, 1992; 50 CFR 223.206(d)(2)(iii)). Currently, the 
escape opening requirements for the flounder TED are [gteqt]35 inches 
([gteqt]89 cm) in width and [gteqt]12 inches ([gteqt]31 cm) in height 
(50 CFR 223.207(b)(1)). Although the February 21, 2003 final rule (68 
FR 8456) to require the larger opening in the shrimp trawl fishery did 
not require vessels in the summer flounder trawl fishery to use the 
larger escape opening sizes, the rule stated NMFS was evaluating the 
need for such restrictions in this fishery. The smaller opening 
currently used in this fishery is insufficient to allow the escapement 
of leatherback sea turtles and larger loggerhead and green sea turtles. 
The larger opening TEDs have passed the NMFS testing criteria for 
turtle escapement, and NMFS has conducted testing of the larger opening 
in the Mid-Atlantic summer flounder trawl fishery since 2003.
    As part of this first phase of rulemaking, NMFS is considering 
modifying TED regulations in the summer flounder trawl fishery to 
require a larger escape opening. The larger escape opening would have a 
142-inch (361-cm) circumference with a corresponding 71-inch (180-cm) 
straight-line stretched measurement. This is expected to decrease 
escape times for all turtles and allow for the release of leatherbacks 
and all larger loggerhead and green sea turtles. The larger opening 
would be consistent with sea turtle regulations currently in place in 
the shrimp trawl fishery. Additionally, the northern component of the 
summer flounder trawl fishery, which currently does not fall under the 
TED requirement, would also be considered for a requirement to use 
TEDs, as detailed below in this notice.

Whelk and Calico Scallop Trawl Fisheries

    Much of the whelk fishery occurs primarily in the state waters of 
Georgia and South Carolina, in both state and Federal fisheries. The 
fishery arose as an alternative fishery when the shrimp fishery was 
closed. Trawling for knobbed, channeled and lightning whelk occurs from 
mid-February through mid-April. Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Virginia, Maryland, and North 
Carolina have reported landings of channeled, lightning or knobbed 
whelk by trawl gear.
    Due to documented sea turtle interactions in whelk fisheries, NMFS 
evaluated potential TED designs for the fishery in 2000-2001. The whelk 
TED was developed in cooperation with the Georgia Department of Natural 
Resources (GDNR) and the University of Georgia Marine Extension Service 
in an effort to provide nearshore whelk fishermen with a TED that would 
allow the target species to pass through the TED frame and be retained 
as catch. The whelk TED passed the NMFS turtle testing protocol in 
2001. The whelk TED design is similar to the top-opening flounder TED 
used along the southeastern Atlantic coast during the winter months, 
and features enlarged openings at the bottom of the frame. Currently, 
GDNR requires the use of this TED in the whelk trawl fishery in Georgia 
state waters. As part of the Strategy, NMFS is considering requiring 
the use of TEDs in the whelk trawl fishery throughout the range of the 
fishery.
    The calico scallop fishery originally developed in North Carolina 
in the early 1960s, but the focus of the fishery shifted to areas off 
Florida during the early 1970s. Calico scallop trawls are typically 
small (e.g., headrope length <40 feet) and are towed for short periods 
of time (e.g., 15 minutes). The scallop beds off Florida stretch from 
Jacksonville to Ft. Pierce in 60 to 240 feet (18 to 73 m) of water. Due 
to large fluctuations of calico scallop abundance and patchy 
distribution, landings within the fishery have been extremely sporadic. 
No vessels are thought to currently be operating in the fishery as a 
result of resource depletion, habitat degradation, and lack of 
processing facilities. NMFS has determined that a hard TED, similar in 
design to the whelk TED, could be installed in calico scallop trawls. 
As part of the Strategy, NMFS is considering an option to require the 
use of TEDs in the calico scallop trawl fishery in the event that the 
fishery re-emerges. TED use in this fishery would be a new requirement.

Mid-Atlantic Scallop Trawl Fishery

    The U.S. Atlantic sea scallop fishery is conducted in the Gulf of 
Maine, on Georges Bank, and in the Mid-Atlantic offshore region 
southward to North Carolina. The commercial fishery for Atlantic sea 
scallops occurs year round and is primarily conducted using dredges and 
otter trawls. Approximately 10 percent of landings in the sea scallop 
fishery are from vessels using trawl gear, primarily in the Mid-
Atlantic. Fishing by these vessels often occurs during the summer when 
other species (e.g., summer flounder) are not available (NMFS 2003). 
Trawl fishermen participating in the sea scallop fishery primarily use 
either Atlantic sea scallop trawls or flounder trawls. Sea turtle 
bycatch has been documented in the Atlantic sea scallop trawl fishery.
    In 2005 and 2006, NMFS tested the feasibility of TED use in the sea 
scallop trawl fishery. The sea scallop TED tested is a whelk TED that 
has been modified to prevent chafing of the gear. This TED design 
passed the NMFS testing criteria for sea turtle escapement. Initial 
results suggest that TED use in the sea scallop trawl fishery is 
feasible. As part of the first phase of rulemaking, NMFS is considering 
an option to require the use of TEDs in the Mid-Atlantic sea scallop 
trawl fishery. TED use in this fishery would be a new requirement.

Flynet Fishery

    Flynets are high profile trawls fished just off the bottom and 
range from 80 to 120 feet (24.4 to 36.6 m) in width, with wing mesh 
sizes of 8 to 64 inches (41 to 163 cm). The flynet fishery is a multi-
species fishery that operates along the east coast of the United 
States. One component of the fishery operates inside of 180 feet (55 m) 
from North Carolina to New Jersey, and targets Atlantic croaker, 
weakfish, and other finfish species. Another component of the flynet 
fishery operates outside of 180 feet (55 m) from the Hudson Canyon off 
New York, south to Hatteras Canyon off North Carolina. Target species 
for the deeper-water component of the fishery include bluefish, 
Atlantic mackerel, squid, black sea bass, and scup. Sea turtle bycatch 
has been documented in this fishery. TED requirements for Trawl-Phase I 
would be only for Atlantic croaker and weakfish fisheries.

[[Page 21630]]

    TEDs for the flynet fishery have been in development since 1999. 
Two semi-rigid TED designs for use within the flynet fishery have 
passed the NMFS turtle testing protocol when rigged with a top-opening 
escape panel. As part of the first phase, NMFS is currently considering 
requiring the use of TEDs in the flynet fishery. TED use in this 
fishery would be a new requirement.

Replacement of the Summer Flounder Fishery Sea Turtle Protection Area 
Boundary with a General Sea Turtle Protection Area Boundary

    The existing Summer Flounder Fishery Sea Turtle Protection Area 
rule requires that any summer flounder trawler operating within the 
boundary must use TEDs (50 CFR 223.206(d)(2)(iii)). Currently, this 
protection area is bounded on the north by a line extending off Cape 
Charles, Virginia, on the south by a line extending from the South 
Carolina-North Carolina border, and on the east by the Exclusive 
Economic Zone boundary. Vessels are exempted from the summer flounder 
TED requirement north of Oregon Inlet, North Carolina, from January 15 
through March 15, annually, when bycatch of sea turtles by summer 
flounder trawling is not expected.
    From 1994-2004, observers documented turtle bycatch in summer 
flounder and other Mid-Atlantic bottom otter trawl fisheries in areas 
and times when TEDs are not required in the summer flounder trawl 
fishery (Murray 2006). Based on the analysis, the likelihood of 
interacting with a turtle depends on the time and area in which fishing 
occurs rather than the fish species being targeted. While incidental 
captures of sea turtles occurred throughout the year, Murray (2006) 
demonstrated that most interactions were confined to certain 
bathymetric and thermal regimes. Because of documented bycatch of sea 
turtles north of the current line, NMFS is considering expanding the 
geographic scope of the TED requirements in the summer flounder fishery 
as part of the first phase to address sea turtle bycatch in the summer 
flounder fishery. This change would expand the TED requirements to 
other trawl fisheries in the Mid-Atlantic, which currently do not have 
any TED requirements within this geographic area.

Purpose of This Action

    NEPA requires Federal agencies to conduct an environmental analysis 
of their proposed actions to determine if the actions may significantly 
affect the human environment. NMFS is considering a variety of 
regulatory measures under the Strategy to reduce the bycatch of 
threatened and endangered sea turtles in trawl fisheries. This EIS will 
provide background on the overall Strategy and specifically evaluate 
the alternatives and impacts associated with the proposed first phase 
of regulating the trawl fisheries along the Atlantic Coast and Gulf of 
Mexico. This rulemaking authority would be pursuant to the ESA. Under 
the ESA and its implementing regulations, taking sea turtles is 
prohibited, with the exceptions identified in 50 CFR 223.206. NMFS is 
seeking public input on the scope of the required NEPA analysis, 
including the range of reasonable alternatives, associated impacts of 
any alternatives, and suitable mitigation measures.

Public Involvement and the Scoping Process

    On February 15, 2007, NMFS published an ANPR in the Federal 
Register regarding potential amendments to the regulatory requirements 
for TEDs (72 FR 7382). The notice initiated a 30-day public comment 
period scheduled to end on March 19, 2007. However, due to requests 
from the pubic to extend the comment period, NMFS published an 
extension to the ANPR on March 19, 2007 (72 FR 12749), to allow 
comments through May 18, 2007.
    NMFS received approximately 165 comments on proposed regulatory 
requirements during the combined 90-day comment period. The vast 
majority of nearly identical comments (approximately 130) were in favor 
of additional TED requirements for trawl fisheries, as well as a 
closure of ``key sea turtle habitat areas.'' While not specifically 
opposed to the proposed regulatory requirements, another group of 23 
identical e-mail comments suggested a ``new approach perhaps a 
deflector'' for trawl fisheries. Through this NOI, NMFS further 
encourages all interested parties to participate in this NEPA process.

Scope of the Action

    The Draft EIS is expected to identify and evaluate the relevant 
impacts and issues associated with implementing the first phase of sea 
turtle regulations in trawl fisheries of the northwest Atlantic and 
Gulf of Mexico, in accordance with the Council on Environmental 
Quality's Regulations at 40 CFR parts 1500, 1508, and NOAA's procedures 
for implementing NEPA found in NOAA Administrative Order (NAO) 216-6, 
dated May 20, 1999.
    NMFS is proposing to implement the trawl part of the Strategy along 
the Atlantic Coast and the Gulf of Mexico. Phase one will specifically 
focus on the Atlantic coast trawl fisheries. The public will have 
additional opportunity to provide input on Trawl Phases II and III 
regulations at such time that separate rule-making processes are 
initiated.

Alternatives

    NMFS will evaluate a range of alternatives in the Draft EIS for 
implementing phase one of the Strategy to reduce sea turtle bycatch and 
mortality in trawl fisheries along the Atlantic Coast. In addition to 
evaluating the status quo, NMFS will evaluate several alternatives. 
These alternatives include time and area closures, requiring the use of 
TEDs in the summer flounder, whelk, croaker and weakfish flynet and 
calico scallop trawls for the entire Atlantic Coast, as well as 
combination of spatial and temporal options. In terms of spatial 
options, sea turtles in U.S. waters range as far North as Georges Bank 
and the Gulf of Maine, but may be less likely to interact with a 
fishery towards the northern extent of this range. We will likely 
evaluate several alternatives related to the northern/northeastern 
extent of any required gear modification or other regulation. In 
general, NMFS is considering applying any gear modification or other 
regulation shoreward to the mean high water line. Similarly, several 
alternatives will likely be evaluated for the temporal extent of when a 
regulation would be in effect, as sea turtles migrate north along the 
Atlantic coast as waters warm each year, and are only present in more 
northern areas during the warmer months. Several datasets are available 
to help select and analyze the various spatial and temporal 
alternatives; these include fisheries landings and catch reports, 
observer data, sea surface temperature data, sea turtle strandings 
data, and sea turtle sighting and survey data.

Public Comments

    NMFS provides this notice to advise the public and other agencies 
of NMFS's intentions and to obtain suggestions and information on the 
scope of the issues to include in the EIS. Comments and suggestions are 
invited from all interested parties to ensure that the full range of 
issues related to this proposed action and all substantive issues are 
identified. NMFS requests that comments be as specific as possible. In 
particular, the agency requests information regarding the potential 
direct, indirect, and cumulative impacts on the human environment from 
the

[[Page 21631]]

proposed action. The human environment is defined as ``the natural and 
physical environment and the relationship of people with that 
environment'' (40 CFR 1508.14). In the context of the EIS, the human 
environment could include air quality, water quality, underwater noise 
levels, socioeconomic resources, fisheries, and environmental justice.
    Comments concerning this environmental review process should be 
directed to NMFS (see ADDRESSES). See FOR FURTHER INFORMATION CONTACT 
Alexis Gutierrez at Alexis.Gutierrez@noaa.gov or at 301-713-2322 for 
questions. All comments and material received, including names and 
addresses, will become part of the administrative record and may be 
released to the public.
    Authority: The environmental review of the phase one of the 
Strategy for Sea Turtle Conservation and Recovery in Relation to 
Atlantic Ocean and Gulf of Mexico Fisheries will be conducted under the 
authority and in accordance with the requirements of the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), 
National Environmental Policy Act Regulations (40 CFR parts, 1500 
through 1508), other appropriate Federal laws and regulations, and 
policies and procedures of NOAA and NMFS for compliance with those 
regulations.

Scoping Meetings Code of Conduct

    The public is asked to follow the following code of conduct at the 
scoping meetings. At the beginning of each meeting, a representative of 
NMFS will explain the ground rules (e.g., alcohol is prohibited from 
the meeting room; attendees will be called to give their comments in 
the order in which they registered to speak; each attendee will have an 
equal amount of time to speak; and attendees may not interrupt one 
another). The NMFS representative will structure the meeting so that 
all attending members of the public will be able to comment, if they so 
choose, regardless of the controversial nature of the subject(s). 
Attendees are expected to respect the ground rules, and those that do 
not will be asked to leave the meeting.

Special Accommodations

    The scoping meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to one of the contacts (see FOR 
FURTHER INFORMATION CONTACT) at least 7 days prior to the meeting. See 
Council meeting announcement for accessibility information for the 
briefings to the councils.

    Dated: May 1, 2009.
Katy Vincent,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E9-10674 Filed 5-7-09; 8:45 am]
BILLING CODE 3510-22-S