Pacific Coast Groundfish Fishery; Intent To Prepare an Environmental Impact Statement for the 2011-2012 Biennial Harvest Specifications and Management Measures, 56805-56807 [E9-26223]
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Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Notices
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, Room 1870, within 30
days of the publication of this notice,
pursuant to 19 CFR 351.310(c). Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
presentations will be limited to issues
raised in the briefs.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.221(b)(4).
Dated: October 26, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping/Countervailing Duty
Operations.
[FR Doc. E9–26318 Filed 11–2–09; 8:45 am]
You may submit comments,
on issues and alternatives, identified by
0648–XS46 by any of the following
methods:
• E-mail:
GroundfishSpex2011_12.nwr@noaa.gov.
Include 0648–XS46 and enter AScoping
Comments@ in the subject line of the
message.
• Fax: 503–820–2299, attention: John
DeVore.
• Mail: Donald McIsaac, Pacific
Fishery Management Council, 7700 NE
Ambassador Pl., Suite 101, Portland, OR
97220, attention: John DeVore.
FOR FURTHER INFORMATION CONTACT: Mr.
John DeVore, Pacific Fishery
Management Council, phone: 503–820–
2280, fax: 503–820–2299 and e-mail:
john.devore@noaa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–DS–S
Electronic Access
This Federal Register document is
available on the Government Printing
Office’s Web site at: https://
www.gpoaccess.gov/fr/.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XS46
Background and Need for Agency
Action
Pacific Coast Groundfish Fishery;
Intent To Prepare an Environmental
Impact Statement for the 2011–2012
Biennial Harvest Specifications and
Management Measures
There are more than 90 species
managed under the Pacific Coast
Groundfish Fishery Management Plan
(groundfish FMP), seven of which have
been declared overfished. The
groundfish stocks support an array of
commercial, recreational, and Indian
tribal fishing interests in state and
Federal waters off the coasts of
Washington, Oregon, and California. In
addition, groundfish are also harvested
incidentally in non-groundfish fisheries,
most notably, the non-groundfish trawl
fisheries for pink shrimp, ridgeback
prawns, California halibut, and sea
cucumber.
The proposed action is needed to
manage Pacific Coast groundfish
fisheries consistent with requirements
of the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) including preventing overfishing
and ensuring that groundfish stocks are
maintained at, or restored to, sizes and
structures that will produce the highest
net benefit to the nation, while
balancing environmental and social
values.
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to prepare an
environmental impact statement (EIS);
request for written comments; notice of
public scoping meetings.
SUMMARY: NMFS and the Pacific Fishery
Management Council (Council)
announce their intent to prepare an EIS
in accordance with the National
Environmental Policy Act (NEPA) to
analyze the impacts on the human,
biological, and physical environment of
setting harvest specifications and
management measures for 2011 and
2012, pursuant to the Pacific Coast
Groundfish Fishery Management Plan.
DATES: Public scoping will be conducted
through regular meetings of the Pacific
Fishery Management Council and its
advisory bodies starting with the
October 31–November 5, 2009, Council
meeting and continuing through the
June 12–17, 2010, meeting. Written
comments will be accepted through
December 3, 2009 (see SUPPLEMENTARY
INFORMATION). Written, faxed or e-mailed
comments must be received by 5 p.m.
Pacific Daylight time on December 3,
2009.
VerDate Nov<24>2008
18:15 Nov 02, 2009
Jkt 220001
The Proposed Action
Using the ‘‘best available science,’’ the
proposed action is to establish harvest
specifications consistent with an
‘‘annual catch limits framework’’ for
calendar years 2011 and 2012 for
species and species’ complexes
managed under the groundfish FMP and
to establish management measures that
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Fmt 4703
Sfmt 4703
56805
constrain total fishing mortality to these
specified Annual Catch Limits (ACLs).
The specifications must be consistent
with requirements of the MSA including
preventing overfishing and, for stocks
that have been declared overfished,
setting ACLs appropriately to return
stock biomass to the maximum
sustainable yield (MSY) level or MSY
proxy level. Because seven Pacific Coast
groundfish species are currently
overfished and managed under
rebuilding plans, ACLs must be set
consistent with the rebuilding plans and
the framework described in MSA
section 304(e) and the groundfish FMP,
which requires overfished stocks to be
rebuilt to the MSY biomass in a time
period that is as short as possible, taking
into account the status and biology of
the overfished stocks, the needs of
fishing communities, and the
interaction of the overfished stock
within the marine ecosystem. To
address this mandate, changes to
rebuilding plans may be made as part of
this biennial process. In addition, based
on the 2009 stock assessment, the
Secretary of Commerce may declare that
petrale sole (Eopsetta jordani) is
overfished, in which case the Council
would develop a rebuilding plan for this
stock and amend the groundfish FMP
accordingly. Petrale sole ACLs for 2011
and 2012 would be set consistent with
any adopted rebuilding plan. The scope
of the proposed action may also include
adopting the rebuilding plan and
amending the groundfish FMP.
Annual catch limits (ACLs), or harvest
specifications, must be consistent with
National Standard 1 of the MagnusonStevens Fishery Conservation and
Management Act and pursuant to
revised guidelines, which were
published by NMFS on January 16, 2009
(74 FR 3178). The Council is
concurrently developing an amendment
to the groundfish FMP (Amendment 23)
to make the necessary revisions so that
the groundfish FMP’s harvest
management framework is consistent
with these revised guidelines. The
2011–2012 annual catch limits would be
consistent with the revised harvest
management framework.
The Council adopted fixed allocations
of catch opportunity between the
limited entry groundfish fishery and all
other groundfish fishery sectors for 25
groundfish stocks in Amendment 21 to
the groundfish FMP, which is pending
submission for review by the Secretary
of Commerce. There are also existing
fixed allocations for sablefish
(Anaplopoma fimbria) north of 36° N.
latitude and Pacific whiting (Merluccius
productus). Additional allocations may
be determined as part of the proposed
E:\FR\FM\03NON1.SGM
03NON1
mstockstill on DSKH9S0YB1PROD with NOTICES
56806
Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Notices
action in support of new management
tools for the limited entry trawl sector
(see below).
The proposed action also establishes
management measures designed to
maintain total catch at or below ACLs.
Management measures may be
established for each year of the 2-year
period or shorter periods, and the types
of measures usually differ among
groundfish fishery sectors. In 2009 the
Council adopted Amendment 20 to the
groundfish FMP, which would change
the types of management measures used
for the groundfish limited entry trawl
sector. A single shorebased trawl sector
would be managed with individual
fishing quotas (IFQ) while two at-sea
Pacific whiting sectors (catcher vessels
delivering to mothership processors and
catcher-processors) would be managed
under cooperatives. Amendment 20 to
the groundfish FMP is pending
submission to the agency for review. If
approved, NMFS intends that the
amendment and pursuant regulations
would be implemented in time for use
beginning in 2011. However, under the
proposed action current catch control
tools (2-month cumulative trip limits,
seasons, and quotas) will be evaluated
for the limited entry trawl sector as an
alternative in the event Amendment 20
is not approved and implemented by
2011.
These harvest specifications include
fish caught in state ocean waters (zero
to three nautical miles [nm] offshore) as
well as fish caught in the U.S. exclusive
economic zone (3 to 200 nm offshore).
Regulations implementing management
measures consistent with the harvest
specifications would need to be in place
by January 1, 2011, as the next 2-year
period begins on January 1, 2011. In the
unlikely event that new harvest
specifications and management
measures are not approved by the end
of 2010 and effective on January 1, 2011,
the harvest specifications and
management measures in place for 2010
would remain in place until the
effective date of the new harvest
specifications and management
measures. The EIS analysis described in
this document would consider a similar
scenario in the unlikely event that the
effective date of the harvest
specifications and management
measures for 2011–2012 are delayed
beyond January 1, 2013.
Alternatives
NEPA requires that agencies evaluate
reasonable alternatives to the proposed
action in an EIS, which address the
purpose and need for agency action. A
preliminary set of alternatives will be
developed during the October 31–
VerDate Nov<24>2008
18:15 Nov 02, 2009
Jkt 220001
November 5, 2009, Council meeting.
Alternatives are structured around a
range of ABCs/ACLs for fishery
management units (stocks or stock
complexes). This range of ABCs/ACLs
will be consistent with the annual catch
limit specification framework adopted
under Amendment 23, discussed above.
Based on the range of ABCs/ACLs
alternatives adopted at the November
2009, Council meeting, the Council is
scheduled to choose a preliminary
preferred ABCs/ACLs alternative at their
April 10–15, 2010, meeting; a range of
alternative management measures
would also be identified at that time,
which would maintain total harvest
mortality (across all fisheries
intercepting groundfish) to within the
preferred ACLs. The Council is then
scheduled to take final action to choose
a preferred alternative that includes
ABCs/ACLs and associated management
measures at their June 12–17, 2010,
meeting.
Restrictive management measures
intended to rebuild overfished species
have been adopted and implemented
over the past several years for most
commercial and recreational fishing
sectors. Management measures intended
to control the rate at which different
groundfish species or species groups are
taken in the fisheries include trip limits,
bag limits, size limits, time/area
closures, and gear restrictions. Large
area closures, called Groundfish
Conservation Areas (GCAs) or Rockfish
Conservation Areas (RCAs), intended to
reduce bycatch of overfished species,
were first implemented in late 2002. A
second important type of measure used
to manage groundfish is the cumulative
landing limit. Cumulative landing limits
restrict the total weight of fish by
species or species group that any one
vessel may land during the limit period,
which is normally 2 months. Different
cumulative landing limits are
established for areas north and south of
40*10′ N. latitude (near Cape
Mendocino, California) and for limited
entry trawl, limited entry fixed gear, and
open access fishery participants. As
discussed above, under Amendment 20
Individual Fishing Quotas would
replace cumulative trip limits as the
primary catch control tool to manage a
single sector that includes both limited
entry trawl vessels targeting Pacific
whiting and vessels targeting other
groundfish species and delivered to
shoreside processors. Under the
amendment catcher vessels targeting
Pacific whiting and delivering at-sea to
mothership processors would be
managed under a system of cooperatives
where NMFS will establish new permits
and endorsements, review and approve
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Frm 00015
Fmt 4703
Sfmt 4703
co-op agreements, and allocate a percent
of this sector’s harvest allocation to each
co-op. The Pacific whiting catcherprocessor sector currently operates as a
voluntary co-op; Amendment 20 would
create a permit endorsement to limit
participation in this sector. These new
catch control measures will be
evaluated as part of the proposed action
along with current measures. Final
determination of which types of
measures will apply in 2011 and 2012
will depend on whether Amendment 20
is approved and implemented by
January 1, 2011.
Preliminary Identification of
Environmental Issues
A principal objective of the scoping
and public input process is to identify
potentially significant impacts to the
human environment that should be
analyzed in depth in the EIS.
Public scoping will occur throughout
the Council’s decision-making process.
All decisions during the Council
process benefit from written and oral
public comments delivered prior to or
during the Council meeting. These
public comments are considered
integral to scoping for developing this
EIS. A preliminary range of 2011 and
2012 annual catch limits and
management measures will be decided
at the October 31–November 5, 2009,
Council meeting in Costa Mesa,
California, at the Hilton Orange County/
Costa Mesa, 3050 Bristol St., Costa
Mesa, CA 92626(714–540–7000). The
Council is expected to adopt
preliminary preferred ABCs/ACLs
alternatives and refine the range of
management measures at their April 10–
15, 2010, meeting in Portland, Oregon,
at the Sheraton Portland Airport Hotel,
8235 NE Airport Way Portland, OR
97220 (503–281–2500). The Council is
expected to decide final 2011 and 2012
annual catch limits, further refine the
range of management measures, and
decide their final preferred alternative at
their June 12–17, 2010, meeting at the
Crowne Plaza Mid Peninsula, 1221
Chess Drive, Foster City, CA 94404
(800–227–6963 or 650–570–5700).
Public comment may be made under the
agenda items when the Council will
consider these proposed actions. The
agendas for these meetings will be
available from the Council Web site or
by request from the Council office in
advance of the meeting (see ADDRESSES).
Written comments on the scope of
issues and alternatives may also be
submitted as described under
ADDRESSES.
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\03NON1.SGM
03NON1
Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Notices
Dated: October 27, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–26223 Filed 11–2–09; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–822]
Polyethylene Retail Carrier Bags from
Indonesia: Preliminary Determination
of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (the Department)
preliminarily determines that
polyethylene retail carrier bags (PRCBs)
from Indonesia are being, or are likely
to be, sold in the United States at less
than fair value (LTFV) as provided in
section 733(b) of the Tariff Act of 1930,
as amended (the Act). The estimated
margins of sales at LTFV are listed in
the ‘‘Suspension of Liquidation’’ section
of this notice. Interested parties are
invited to comment on this preliminary
determination.
Pursuant to requests from the
respondents, we are postponing by 60
days the final determination and
extending provisional measures from a
four-month period to not more than six
months. Accordingly, we will make our
final determination not later than 135
days after publication of the preliminary
determination.
EFFECTIVE DATE: November 3, 2009.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer or Yang Jin Chun, AD/
CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–0410 or (202) 482–
5760 respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with NOTICES
Background
On March 31, 2009, Hilex Poly Co.,
LLC, and Superbag Corporation
(collectively, the petitioners) filed an
antidumping petition concerning
imports of PRCBs from Indonesia. See
the Petition for the Imposition of
Antidumping and Countervailing Duties
on Polyethylene Retail Carrier Bags from
Indonesia, Taiwan, and the Socialist
Republic of Vietnam, dated March 31,
2009.
VerDate Nov<24>2008
18:15 Nov 02, 2009
Jkt 220001
On April 20, 2009, the Department
initiated the antidumping duty
investigation on PRCBs from Indonesia.
See Polyethylene Retail Carrier Bags
From Indonesia, Taiwan, and the
Socialist Republic of Vietnam: Initiation
of Antidumping Duty Investigations, 74
FR 19049 (April 27, 2009) (Initiation
Notice).
The Department set aside a period of
time for parties to raise issues regarding
product coverage and encouraged all
parties to submit comments within 20
calendar days of the date of publication
of the Initiation Notice. See Initiation
Notice, 74 FR at 19049. See also
Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19,
1997). We received no comments from
interested parties concerning product
coverage. The Department also set aside
a period of time for parties to comment
on product characteristics for use in the
antidumping duty questionnaire. See
Initiation Notice, 74 FR at 19050. On
May 11, 2009, we received comments
from the petitioners. After reviewing the
petitioners’ comments, we have adopted
the characteristics and hierarchy as
explained in the ‘‘Product
Comparisons’’ section of this notice,
below.
On May 29, 2009, the International
Trade Commission (ITC) published its
affirmative preliminary determination
that there is a reasonable indication that
imports of PRCBs from Indonesia are
materially injuring the U.S. industry,
and the ITC notified the Department of
its finding. See Polyethylene Retail
Carrier Bags From Indonesia, Taiwan,
and Vietnam; Determinations,
Investigation Nos. 701–TA–462 and
731–TA–1156–1158 (Preliminary), 74
FR 25771 (May 29, 2009).
On May 21, 2009, we selected P.T.
Sido Bangun (SBI) and P.T. Super Exim
Sari Ltd. and P.T. Super Makmur
(collectively SESSM) as mandatory
respondents in this investigation. See
the ‘‘Selection of Respondents’’ section
of this notice, below.
On May 26, 2009, we issued the
antidumping questionnaire to SBI and
SESSM. On July 20, 2009, we received
a questionnaire response from SBI. On
July 22, 2009, we received a
questionnaire response from SESSM.
We issued supplemental questionnaires
to the respondents and received
responses from both respondents.
On July 22, 2009, based on a timely
request from the petitioners, we
extended the deadline for alleging
targeted dumping.
On July 30, 2009, the petitioner
alleged that SBI and SESSM made
comparison–market sales of PRCBs at
prices below the cost of production
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
56807
(COP) during the period of investigation
(POI). On August 14, 2009, we initiated
an investigation to determine whether
the respondents made comparison–
market sales of PRCBs at prices below
the COP during the POI. See the ‘‘Cost
of Production’’ section of this notice,
below. In letters dated August 14, 2009,
we requested that the respondents
respond to the COP section of the
antidumping questionnaire. On
September 8, 2009, we received the cost
response from SESSM and on
September 11, 2009, we received the
cost response from SBI.
On August 7, 2009, the petitioners
filed an allegation of targeted dumping
by SBI and SESSM. See the ‘‘Targeted–
Dumping Allegation’’ section below.
On August 13, 2009, the petitioners
requested that the Department postpone
its preliminary determination by 50
days. In accordance with section
733(c)(1)(A) of the Act, we postponed
our preliminary determination by 50
days. See Postponement of Preliminary
Determination of Antidumping Duty
Investigations: Polyethylene Retail
Carrier Bags from Indonesia, Taiwan,
and the Socialist Republic of Vietnam,
74 FR 42229 (August 21, 2009).
On September 17, 2009, the
petitioners requested that, in the event
of a negative preliminary determination
in this investigation, the Department
postpone the final determination in
accordance with section 735(a)(2)(B) of
the Act and 19 CFR 351.210(b)(2)(i). The
petitioners did not specify the number
of days by which to postpone the final
determination. On September 18, 2009,
and September 23, 2009, SBI and
SESSM requested respectively that, in
the event of an affirmative preliminary
determination in this investigation, the
Department postpone its final
determination by 60 days in accordance
with section 735(a)(2)(A) of the Act and
19 CFR 351.210(b)(2)(ii) and extend the
application of the provisional measures
prescribed under 19 CFR 351.210(e)(2)
from a four-month period to a six-month
period. For further discussion, see the
‘‘Postponement of Final Determination
and Extension of Provisional Measures’’
section of this notice, below.
On October 14, 2009, and on October
21, 2009, the petitioners submitted
comments for consideration in the
preliminary determination.
On October 21, 2009, SESSM
submitted new sales databases which it
said were necessary to correct ‘‘data
entry errors in product code names,
work order numbers, payment dates,
gross unit prices and quantities sold,
cylinder revenue, per–unit conversion
factors and other individual items.’’ See
SESSM’s submission dated October 21,
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Notices]
[Pages 56805-56807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26223]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XS46
Pacific Coast Groundfish Fishery; Intent To Prepare an
Environmental Impact Statement for the 2011-2012 Biennial Harvest
Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare an environmental impact statement
(EIS); request for written comments; notice of public scoping meetings.
-----------------------------------------------------------------------
SUMMARY: NMFS and the Pacific Fishery Management Council (Council)
announce their intent to prepare an EIS in accordance with the National
Environmental Policy Act (NEPA) to analyze the impacts on the human,
biological, and physical environment of setting harvest specifications
and management measures for 2011 and 2012, pursuant to the Pacific
Coast Groundfish Fishery Management Plan.
DATES: Public scoping will be conducted through regular meetings of the
Pacific Fishery Management Council and its advisory bodies starting
with the October 31-November 5, 2009, Council meeting and continuing
through the June 12-17, 2010, meeting. Written comments will be
accepted through December 3, 2009 (see SUPPLEMENTARY INFORMATION).
Written, faxed or e-mailed comments must be received by 5 p.m. Pacific
Daylight time on December 3, 2009.
ADDRESSES: You may submit comments, on issues and alternatives,
identified by 0648-XS46 by any of the following methods:
E-mail: GroundfishSpex2011_12.nwr@noaa.gov. Include 0648-
XS46 and enter AScoping Comments@ in the subject line of the message.
Fax: 503-820-2299, attention: John DeVore.
Mail: Donald McIsaac, Pacific Fishery Management Council,
7700 NE Ambassador Pl., Suite 101, Portland, OR 97220, attention: John
DeVore.
FOR FURTHER INFORMATION CONTACT: Mr. John DeVore, Pacific Fishery
Management Council, phone: 503-820-2280, fax: 503-820-2299 and e-mail:
john.devore@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is available on the Government
Printing Office's Web site at: https://www.gpoaccess.gov/fr/.
Background and Need for Agency Action
There are more than 90 species managed under the Pacific Coast
Groundfish Fishery Management Plan (groundfish FMP), seven of which
have been declared overfished. The groundfish stocks support an array
of commercial, recreational, and Indian tribal fishing interests in
state and Federal waters off the coasts of Washington, Oregon, and
California. In addition, groundfish are also harvested incidentally in
non-groundfish fisheries, most notably, the non-groundfish trawl
fisheries for pink shrimp, ridgeback prawns, California halibut, and
sea cucumber.
The proposed action is needed to manage Pacific Coast groundfish
fisheries consistent with requirements of the Magnuson-Stevens Fishery
Conservation and Management Act (MSA) including preventing overfishing
and ensuring that groundfish stocks are maintained at, or restored to,
sizes and structures that will produce the highest net benefit to the
nation, while balancing environmental and social values.
The Proposed Action
Using the ``best available science,'' the proposed action is to
establish harvest specifications consistent with an ``annual catch
limits framework'' for calendar years 2011 and 2012 for species and
species' complexes managed under the groundfish FMP and to establish
management measures that constrain total fishing mortality to these
specified Annual Catch Limits (ACLs). The specifications must be
consistent with requirements of the MSA including preventing
overfishing and, for stocks that have been declared overfished, setting
ACLs appropriately to return stock biomass to the maximum sustainable
yield (MSY) level or MSY proxy level. Because seven Pacific Coast
groundfish species are currently overfished and managed under
rebuilding plans, ACLs must be set consistent with the rebuilding plans
and the framework described in MSA section 304(e) and the groundfish
FMP, which requires overfished stocks to be rebuilt to the MSY biomass
in a time period that is as short as possible, taking into account the
status and biology of the overfished stocks, the needs of fishing
communities, and the interaction of the overfished stock within the
marine ecosystem. To address this mandate, changes to rebuilding plans
may be made as part of this biennial process. In addition, based on the
2009 stock assessment, the Secretary of Commerce may declare that
petrale sole (Eopsetta jordani) is overfished, in which case the
Council would develop a rebuilding plan for this stock and amend the
groundfish FMP accordingly. Petrale sole ACLs for 2011 and 2012 would
be set consistent with any adopted rebuilding plan. The scope of the
proposed action may also include adopting the rebuilding plan and
amending the groundfish FMP.
Annual catch limits (ACLs), or harvest specifications, must be
consistent with National Standard 1 of the Magnuson-Stevens Fishery
Conservation and Management Act and pursuant to revised guidelines,
which were published by NMFS on January 16, 2009 (74 FR 3178). The
Council is concurrently developing an amendment to the groundfish FMP
(Amendment 23) to make the necessary revisions so that the groundfish
FMP's harvest management framework is consistent with these revised
guidelines. The 2011-2012 annual catch limits would be consistent with
the revised harvest management framework.
The Council adopted fixed allocations of catch opportunity between
the limited entry groundfish fishery and all other groundfish fishery
sectors for 25 groundfish stocks in Amendment 21 to the groundfish FMP,
which is pending submission for review by the Secretary of Commerce.
There are also existing fixed allocations for sablefish (Anaplopoma
fimbria) north of 36[deg] N. latitude and Pacific whiting (Merluccius
productus). Additional allocations may be determined as part of the
proposed
[[Page 56806]]
action in support of new management tools for the limited entry trawl
sector (see below).
The proposed action also establishes management measures designed
to maintain total catch at or below ACLs. Management measures may be
established for each year of the 2-year period or shorter periods, and
the types of measures usually differ among groundfish fishery sectors.
In 2009 the Council adopted Amendment 20 to the groundfish FMP, which
would change the types of management measures used for the groundfish
limited entry trawl sector. A single shorebased trawl sector would be
managed with individual fishing quotas (IFQ) while two at-sea Pacific
whiting sectors (catcher vessels delivering to mothership processors
and catcher-processors) would be managed under cooperatives. Amendment
20 to the groundfish FMP is pending submission to the agency for
review. If approved, NMFS intends that the amendment and pursuant
regulations would be implemented in time for use beginning in 2011.
However, under the proposed action current catch control tools (2-month
cumulative trip limits, seasons, and quotas) will be evaluated for the
limited entry trawl sector as an alternative in the event Amendment 20
is not approved and implemented by 2011.
These harvest specifications include fish caught in state ocean
waters (zero to three nautical miles [nm] offshore) as well as fish
caught in the U.S. exclusive economic zone (3 to 200 nm offshore).
Regulations implementing management measures consistent with the
harvest specifications would need to be in place by January 1, 2011, as
the next 2-year period begins on January 1, 2011. In the unlikely event
that new harvest specifications and management measures are not
approved by the end of 2010 and effective on January 1, 2011, the
harvest specifications and management measures in place for 2010 would
remain in place until the effective date of the new harvest
specifications and management measures. The EIS analysis described in
this document would consider a similar scenario in the unlikely event
that the effective date of the harvest specifications and management
measures for 2011-2012 are delayed beyond January 1, 2013.
Alternatives
NEPA requires that agencies evaluate reasonable alternatives to the
proposed action in an EIS, which address the purpose and need for
agency action. A preliminary set of alternatives will be developed
during the October 31-November 5, 2009, Council meeting. Alternatives
are structured around a range of ABCs/ACLs for fishery management units
(stocks or stock complexes). This range of ABCs/ACLs will be consistent
with the annual catch limit specification framework adopted under
Amendment 23, discussed above.
Based on the range of ABCs/ACLs alternatives adopted at the
November 2009, Council meeting, the Council is scheduled to choose a
preliminary preferred ABCs/ACLs alternative at their April 10-15, 2010,
meeting; a range of alternative management measures would also be
identified at that time, which would maintain total harvest mortality
(across all fisheries intercepting groundfish) to within the preferred
ACLs. The Council is then scheduled to take final action to choose a
preferred alternative that includes ABCs/ACLs and associated management
measures at their June 12-17, 2010, meeting.
Restrictive management measures intended to rebuild overfished
species have been adopted and implemented over the past several years
for most commercial and recreational fishing sectors. Management
measures intended to control the rate at which different groundfish
species or species groups are taken in the fisheries include trip
limits, bag limits, size limits, time/area closures, and gear
restrictions. Large area closures, called Groundfish Conservation Areas
(GCAs) or Rockfish Conservation Areas (RCAs), intended to reduce
bycatch of overfished species, were first implemented in late 2002. A
second important type of measure used to manage groundfish is the
cumulative landing limit. Cumulative landing limits restrict the total
weight of fish by species or species group that any one vessel may land
during the limit period, which is normally 2 months. Different
cumulative landing limits are established for areas north and south of
40*10' N. latitude (near Cape Mendocino, California) and for limited
entry trawl, limited entry fixed gear, and open access fishery
participants. As discussed above, under Amendment 20 Individual Fishing
Quotas would replace cumulative trip limits as the primary catch
control tool to manage a single sector that includes both limited entry
trawl vessels targeting Pacific whiting and vessels targeting other
groundfish species and delivered to shoreside processors. Under the
amendment catcher vessels targeting Pacific whiting and delivering at-
sea to mothership processors would be managed under a system of
cooperatives where NMFS will establish new permits and endorsements,
review and approve co-op agreements, and allocate a percent of this
sector's harvest allocation to each co-op. The Pacific whiting catcher-
processor sector currently operates as a voluntary co-op; Amendment 20
would create a permit endorsement to limit participation in this
sector. These new catch control measures will be evaluated as part of
the proposed action along with current measures. Final determination of
which types of measures will apply in 2011 and 2012 will depend on
whether Amendment 20 is approved and implemented by January 1, 2011.
Preliminary Identification of Environmental Issues
A principal objective of the scoping and public input process is to
identify potentially significant impacts to the human environment that
should be analyzed in depth in the EIS.
Public scoping will occur throughout the Council's decision-making
process. All decisions during the Council process benefit from written
and oral public comments delivered prior to or during the Council
meeting. These public comments are considered integral to scoping for
developing this EIS. A preliminary range of 2011 and 2012 annual catch
limits and management measures will be decided at the October 31-
November 5, 2009, Council meeting in Costa Mesa, California, at the
Hilton Orange County/Costa Mesa, 3050 Bristol St., Costa Mesa, CA
92626(714-540-7000). The Council is expected to adopt preliminary
preferred ABCs/ACLs alternatives and refine the range of management
measures at their April 10-15, 2010, meeting in Portland, Oregon, at
the Sheraton Portland Airport Hotel, 8235 NE Airport Way Portland, OR
97220 (503-281-2500). The Council is expected to decide final 2011 and
2012 annual catch limits, further refine the range of management
measures, and decide their final preferred alternative at their June
12-17, 2010, meeting at the Crowne Plaza Mid Peninsula, 1221 Chess
Drive, Foster City, CA 94404 (800-227-6963 or 650-570-5700). Public
comment may be made under the agenda items when the Council will
consider these proposed actions. The agendas for these meetings will be
available from the Council Web site or by request from the Council
office in advance of the meeting (see ADDRESSES). Written comments on
the scope of issues and alternatives may also be submitted as described
under ADDRESSES.
Authority: 16 U.S.C. 1801 et seq.
[[Page 56807]]
Dated: October 27, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E9-26223 Filed 11-2-09; 8:45 am]
BILLING CODE 3510-22-P
