Special Purpose Permit Application; Draft Environmental Assessment; Hawaii-Based Shallow-Set Longline Fishery, 1501-1503 [2012-192]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices
appropriate Federal laws and
regulations; and our policies and
procedures for compliance with those
laws and regulations.
the public of our intention to conduct
detailed planning on this refuge.
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
The CCP Process
The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd–668ee) (Administration Act), as
amended by the National Wildlife
Refuge System Improvement Act of
1997, requires us to develop a CCP for
each national wildlife refuge. The
purpose of developing a CCP is to
provide refuge managers with a 15-year
plan for achieving refuge purposes and
contributing to the mission of the
National Wildlife Refuge System
(NWRS), consistent with sound
principles of fish and wildlife
conservation, legal mandates, and our
policies. In addition to outlining broad
management direction on conserving
wildlife and their habitats, CCPs
identify wildlife-dependent recreational
opportunities available to the public,
including opportunities for hunting,
fishing, wildlife observation and
photography, and environmental
education and interpretation. We will
review and update the CCP at least
every 15 years in accordance with the
Administration Act.
Each unit of the NWRS was
established for specific purposes. We
use these purposes as the foundation for
developing and prioritizing the
management goals and objectives for
each refuge within the NWRS, and to
determine how the public can use each
refuge. The planning process is a way
for us and the public to evaluate
management goals and objectives that
will ensure the best possible approach
to wildlife, plant, and habitat
conservation, while providing for
wildlife-dependent recreation
opportunities that are compatible with
each refuge’s establishing purposes and
the mission of the NWRS.
Our CCP process provides
participation opportunities for Federal,
Tribal, State, and local governments,
agencies, organizations, and the public.
Throughout the process, we will have
formal comment periods and hold
public meetings to gather comments,
issues, concerns, ideas, and suggestions
for the future management of Plum Tree
Island NWR. You may also send
comments during the planning process
by mail, email, or fax (see ADDRESSES).
We will conduct the environmental
review of this project and develop an
EA in accordance with the requirements
of the National Environmental Policy
Act of 1969, as amended (NEPA) (42
U.S.C. 4321 et seq.); NEPA regulations
(40 CFR parts 1500–1508); other
VerDate Mar<15>2010
18:28 Jan 09, 2012
Jkt 226001
Plum Tree Island National Wildlife
Refuge
Plum Tree Island NWR is one of four
refuges that comprise the Eastern
Virginia Rivers NWR Complex. The
3,502-acre refuge is located along the
Atlantic Flyway in the city of Poquoson,
VA. It was established in 1972 to
conserve wetlands and important
migratory bird habitat in the lower
Chesapeake Bay. The refuge’s salt
marsh, scrub-shrub, and forest habitats
support a variety of native wildlife
species, including waterfowl,
marshbirds, and shorebirds. The
refuge’s beaches are also home to the
federally threatened northeastern beach
tiger beetle (Cicindela dorsalis dorsalis).
The U.S. Department of Defense
previously administered the refuge
lands and used all but the refuge’s 200acre Cow Island Tract as a gunnery and
bombing range. Extensive unexploded
ordnance remains on the refuge, posing
serious safety concerns. Most of the
refuge is closed to public access. The
only public use offered is an annual,
permit-only, waterfowl hunt on the Cow
Island Tract.
Scoping: Preliminary Issues, Concerns,
and Opportunities
We have identified several
preliminary issues, concerns, and
opportunities that we intend to address
in the CCP. These include the following:
• Unexploded ordnance on the refuge
and its implications for refuge
management and public access;
• The potential for climate change to
impact refuge resources;
• The potential for land acquisition
and conservation easements within the
existing, approved boundary;
• Opportunities to collaborate with
partner organizations for off-refuge
interpretation and education
programming.
We expect that members of the public,
our conservation partners and Federal,
State, Tribal, and local governments
may identify additional issues during
public scoping.
Public Meetings
During the planning process, we will
hold public meetings for individuals,
organizations, and agencies to provide
comments, issues, concerns, and
suggestions about refuge management.
When we schedule formal comment
periods and public meeting(s), we will
announce them in the Federal Register,
local news media, and on our refuge
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
1501
planning Web site at https://
www.fws.gov/northeast/plumtreeisland/
refuge_planning.html.
You can also obtain the schedule from
the planning team leader or project
leader (see FOR FURTHER INFORMATION
CONTACT).
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: December 5, 2011.
Salvatore M. Amato,
Acting Regional Director, Northeast Region,
U.S. Fish and Wildlife Service.
[FR Doc. 2012–293 Filed 1–9–12; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–MB–2011–N256;
FXMB12310100000P2–123–FF01M01000]
Special Purpose Permit Application;
Draft Environmental Assessment;
Hawaii-Based Shallow-Set Longline
Fishery
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the Fish and Wildlife
Service, have received an application
under the Migratory Bird Treaty Act of
1918, as amended (MBTA), from the
Pacific Islands Regional Office of the
National Marine Fisheries Service
(NMFS), Department of Commerce, for a
permit for the incidental take of
migratory birds in the operation of the
Hawaii-based shallow-set longline
fishery that targets swordfish (Xiphias
gladius). If issued, the permit would be
the first of its kind under our Special
Purpose permitting regulations. We
invite public comment on the draft
environmental assessment (DEA), which
evaluates alternatives associated with
this permit application.
DATES: To ensure consideration, please
send your written comments by
February 9, 2012.
ADDRESSES: You may download a copy
of the DEA on the Internet at https://
SUMMARY:
E:\FR\FM\10JAN1.SGM
10JAN1
1502
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices
www.fws.gov/pacific/migratorybirds/
nepa.html. Alternatively, you may use
one of the methods below to request a
hard copy or a CD–ROM. Please specify
the ‘‘DEA for the NMFS MBTA Permit’’
on all correspondence.
Submitting Comments: You may
submit comments or requests for copies
or more information by one of the
following methods.
• Email: pacific_birds@fws.gov.
Include ‘‘DEA for the NMFS MBTA
Permit’’ in the subject line of the
message.
• U.S. Mail: Please address written
comments to Michael Green, Acting
Chief, Division of Migratory Birds and
Habitat Programs, Pacific Region, U.S.
Fish and Wildlife Service, 911 NE 11th
Ave., Portland, OR 97232.
• Fax: Michael Green, Acting Chief,
Division of Migratory Birds and Habitat
Programs, (503) 231–2019; Attn.: DEA
for the NMFS MBTA Permit.
FOR FURTHER INFORMATION CONTACT:
Michael Green, Acting Chief, Division of
Migratory Birds and Habitat Programs,
Pacific Region, U.S. Fish and Wildlife
Service, (503) 231–2019 (phone);
pacific_birds@fws.gov (email, include
‘‘DEA for the NMFS MBTA Permit’’ in
the subject line of the message). If you
use a telecommunications device for the
deaf (TDD), please call the Federal
Information Relay Service (FIRS) at
(800) 877–8339.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
Introduction
The U.S. Fish and Wildlife Service
(Service) has received an application
from NMFS for a special purpose permit
under the Migratory Bird Treaty Act of
1918 (16 U.S.C. 703–711) (MBTA). The
permit, if issued, would authorize
incidental take of migratory birds,
principally two species of albatross, by
NMFS in its regulation of the shallowset longline fishery based in Hawaii.
This fishery targets swordfish and
operates on the high seas and within the
United States Exclusive Economic Zone
(EEZ). The migratory birds incidentally
taken in the fishery are predominantly
Laysan and Black-footed Albatross
(Phoebastria immutabilis and P.
nigripes). One individual each of Sooty
Shearwater (Puffinus griseus) and
Northern Fulmar (Fulmarus glacialis)
have been reported taken in the fishery.
The endangered Short-tailed Albatross
(Phoaebastria albatrus) occurs in the
area where the fishery operates and has
been observed from Hawaii-based
longline fishing vessels, but no take of
this species has been reported.
Consultation under section 7(a)(2) of the
Endangered Species Act is in progress to
VerDate Mar<15>2010
18:28 Jan 09, 2012
Jkt 226001
assess the impacts of this fishery on the
Short-tailed Albatross.
The Draft Environmental Assessment
(DEA) analyzes the alternatives
associated with this permit application
in light of our permitting regulations in
the Code of Federal Regulations (CFR)
in 50 CFR 21.27 under the MBTA. If we
issue the permit at issue in this
environmental assessment, it will be the
first permit under these regulations
issued to authorize incidental take of
migratory birds by an agency regulating
a commercial, non-conservation
activity.
Background
Regulations under the MBTA allow
the Service to issue permits to take
migratory birds for various reasons,
such as depredation and scientific
collecting. One of those regulations, 50
CFR 21.27, allows the Service to issue
special purpose permits in
circumstances not addressed by specific
permit regulations. An application for a
special purpose permit must meet the
general permitting conditions set forth
in 50 CFR 13 and make a ‘‘sufficient
showing’’ of:
• Benefit to the migratory bird
resources,
• Important research reasons,
• Reasons of human concern for
individual birds, or
• Other compelling justification.
We will issue a special purpose
permit only if we determine that the
take is compatible with the conservation
intent of the MBTA. Standard
conditions for permit issuance include
those described in 50 CFR 13.21(e) and
21.27(c).
The Hawaii-based longline fishery
that targets swordfish is a pelagic or
open-ocean fishery that began in the
late-1980s and has since been managed
under the Fishery Management Plan for
the Pelagic Fisheries of the Western
Pacific Region. Shallow-set longlining
consists of deploying a mainline 18 to
60 nautical miles in length with floats
at 360-meter (m) intervals. The mainline
depth is 25 to 75 m. About four
branchlines, 10 to 20 m in length, with
baited hooks and artificial light sticks to
attract swordfish, are suspended
between floats, for a total of
approximately 700 to 1,000 hooks per
deployment. The line is deployed, or
‘‘set,’’ after sunset, left in the water
overnight, and retrieved, or ‘‘hauled,’’ in
the morning. Seabirds, as well as sea
turtles and other non-target species, can
be killed or injured during either
deployment or retrieval of the lines,
when they are unintentionally hooked
or entangled in fishing gear.
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
The shallow-set sector of the Hawaiibased longline fishery operates under
NMFS regulations requiring the use of
measures to avoid and minimize the
injury and death of seabirds (67 FR
34408, 69 FR 17329, 70 FR 75075).
These regulations were in place when
the fishery was reopened in 2004
following a court-ordered closure in
2001 that addressed concerns about
endangered sea turtles. Between 2004
and 2010, the fishery has taken (killed
or injured) an estimated total of 332
Laysan and 118 Black-footed
albatrosses, an annual average of
roughly 55 and 20 birds of each species,
respectively. These levels of take are
expected to continue, and are not
thought to pose a risk of populationlevel impacts or change in conservation
status for either species.
The Pacific Islands Regional Office of
NMFS manages and regulates this
fishery under the Fishery Management
Plan, which was developed by the
Western Pacific Regional Fishery
Management Council and approved by
the Secretary of Commerce, in
accordance with the Magnuson-Stevens
Act (16 U.S.C. 1801 et seq.) (MSA).
Under the MSA, Fishery Councils are
vested with the authority to propose
amendments to Fishery Management
Plans. NMFS may approve or partially
approve proposed amendments;
approvals are codified as Federal
regulations. In 2010, regulations went
into effect to implement an amendment
that removed the restriction on fishing
effort (annual number of sets) in this
fishery that had been in place since
2004. Because fishing effort never
reached the limit that has now been
removed, and effort is increasing only
slowly, NMFS anticipates that total
effort in the fishery will not increase
substantially between 2011 and 2014,
the period that would be covered by a
permit under the MBTA.
Applicant’s Proposal
NMFS proposes to continue operation
of the shallow-set fishery under current
regulations that require the use of
measures to avoid and minimize take of
migratory birds. In addition to
continued implementation of these
regulations, NMFS proposes to analyze
the high proportion of the total observed
take in this fishery that occurs as
injured birds. Specifically, NMFS would
examine the role of untended or ‘‘lazy’’
lines, offal discards, and other practices
in making hooks and gear available to
seabirds and possibly attracting and
habituating seabirds to longline vessels,
especially during gear retrieval. The
results of these assessments would be
reported to the Service, and reports
E:\FR\FM\10JAN1.SGM
10JAN1
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices
would include any new information that
could further reduce the take of seabirds
in the fishery or point to research
needed to achieve reduction. If new
analyses and qualitative assessments
lead to identification of means to reduce
take of migratory birds, NMFS would
develop these remedies so that they
could be incorporated into NMFS
regulatory processes in a timely fashion.
If new information does not lead to
modified or new practices that could
reduce take of migratory birds in the
fishery, NMFS would develop study
plans for needed research and/or a
proposal or proposals to offset the
unavoidable take in the fishery in a
manner that would not affect operation
of the fishery. These additional
activities were described in materials
submitted as part of the permit
application, and if we issue the permit
after completion of the National
Environmental Policy Act (NEPA)
process, then these commitments would
become conditions of the permit.
The Service independently evaluated
the estimated total and average number,
and the nominal rate, of seabirds taken
in the fishery. This evaluation, in
relation to the existing avoidance and
minimization measures, proposed new
activities, and potential offsetting
conservation measures, is discussed in
the DEA, along with the implications for
direct, indirect, and cumulative effects
under three alternatives.
mstockstill on DSK4VPTVN1PROD with NOTICES
Next Steps
The public process for the proposed
Federal permit action will be completed
after the public-comment period, at
which time we will evaluate the permit
application and comments submitted on
the DEA and determine whether the
application meets the permitting
requirements under the MBTA and
applicable regulations. Upon
completion of that evaluation we will
select our course of action among the
three alternatives identified in the DEA.
We then will either issue a final
environmental assessment and a
Finding of No Significant Impact or
initiate the preparation of an
Environmental Impact Statement.
Public Comments
We invite public comment on the
DEA. You may submit comments by any
one of the methods discussed above
under ADDRESSES.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, you should be aware that
your entire comment—including your
VerDate Mar<15>2010
18:28 Jan 09, 2012
Jkt 226001
1503
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
FOR FURTHER INFORMATION CONTACT:
Authority
We provide this notice under section
668a of the Act (16 U.S.C. 668–668c)
and NEPA regulations (40 CFR 1506.6).
[FR Doc. 2012–192 Filed 1–9–12; 8:45 am]
Introduction
With this notice, we initiate our
process for developing a CCP for
Massasoit NWR, in Plymouth,
Massachusetts. This notice complies
with our CCP policy to advise other
Federal and State agencies, Tribes, and
the public of our intention to conduct
detailed planning on this refuge.
BILLING CODE 4310–55–P
Background
Dated: December 23, 2011.
Richard Hannan,
Deputy Regional Director, Pacific Region,
Portland, Oregon.
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R5–R–2011–N221; BAC–4311–K9–S3]
Massasoit National Wildlife Refuge,
Plymouth, MA
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent to prepare a
comprehensive conservation plan and
environmental assessment; request for
comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), intend to
prepare a comprehensive conservation
plan (CCP) and environmental
assessment (EA) for Massasoit National
Wildlife Refuge (the refuge, NWR) in
Plymouth, Massachusetts. We provide
this notice in compliance with our CCP
policy to advise other Federal and State
agencies, Tribes, and the public of our
intention to conduct detailed planning
on this refuge.
DATES: We will announce opportunities
for public input throughout the CCP
process in the Federal Register, local
news media, and on our refuge planning
Web site at https://www.fws.gov/
northeast/planning/
Eastern%20Mass%203/ccphome.html.
ADDRESSES: Send your comments or
requests for more information by any of
the following methods.
Email: northeastplanning@fws.gov.
Include ‘‘Massasoit CCP’’ in the subject
line of the message.
Fax: Attn: Carl Melberg, (978) 443–
2898.
U.S. Mail: Eastern Massachusetts
National Wildlife Refuge Complex, U.S.
Fish and Wildlife Service, 73 Weir Hill
Road, Sudbury, MA 01776.
In-Person Drop-off: You may drop off
comments during regular business hours
at the address above.
SUMMARY:
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
Carl
Melberg, Planning Team Leader, (978)
443–4661 extension 32 (telephone), or
Libby Herland, Project Leader, (978)
443–4661 extension 11 (telephone), or
fw5rw_emnrw@fws.gov (email).
SUPPLEMENTARY INFORMATION:
The CCP Process
The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd–668ee) (Administration Act), as
amended by the National Wildlife
Refuge System Improvement Act of
1997, requires us to develop a CCP for
each national wildlife refuge. The
purpose for developing a CCP is to
provide refuge managers with a 15-year
plan for achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System
(NWRS), consistent with sound
principles of fish and wildlife
management and conservation, legal
mandates, and our policies. In addition
to outlining broad management
direction on conserving wildlife and
their habitats, CCPs identify wildlifedependent recreational opportunities
available to the public, including
opportunities for hunting, fishing,
wildlife observation and photography,
and environmental education and
interpretation. We will review and
update the CCP at least every 15 years
in accordance with the Administration
Act.
Each unit of the NWRS was
established for specific purposes. We
use these purposes as the foundation for
developing and prioritizing the
management goals and objectives for
each refuge within the NWRS, and to
determine how the public can use each
refuge. The planning process is a way
for us and the public to evaluate
management goals and objectives that
will ensure the best possible approach
to wildlife, plant, and habitat
conservation, while providing for
wildlife-dependent recreation
opportunities that are compatible with
each refuge’s establishing purposes and
the mission of the NWRS.
Our CCP process provides
participation opportunities for Tribal,
State, and local governments, agencies,
E:\FR\FM\10JAN1.SGM
10JAN1
]]>Agencies
[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1501-1503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-192]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-MB-2011-N256; FXMB12310100000P2-123-FF01M01000]
Special Purpose Permit Application; Draft Environmental
Assessment; Hawaii-Based Shallow-Set Longline Fishery
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service, have received an
application under the Migratory Bird Treaty Act of 1918, as amended
(MBTA), from the Pacific Islands Regional Office of the National Marine
Fisheries Service (NMFS), Department of Commerce, for a permit for the
incidental take of migratory birds in the operation of the Hawaii-based
shallow-set longline fishery that targets swordfish (Xiphias gladius).
If issued, the permit would be the first of its kind under our Special
Purpose permitting regulations. We invite public comment on the draft
environmental assessment (DEA), which evaluates alternatives associated
with this permit application.
DATES: To ensure consideration, please send your written comments by
February 9, 2012.
ADDRESSES: You may download a copy of the DEA on the Internet at http:/
/
[[Page 1502]]
www.fws.gov/pacific/migratorybirds/nepa.html. Alternatively, you may
use one of the methods below to request a hard copy or a CD-ROM. Please
specify the ``DEA for the NMFS MBTA Permit'' on all correspondence.
Submitting Comments: You may submit comments or requests for copies
or more information by one of the following methods.
Email: pacific_birds@fws.gov. Include ``DEA for the NMFS
MBTA Permit'' in the subject line of the message.
U.S. Mail: Please address written comments to Michael
Green, Acting Chief, Division of Migratory Birds and Habitat Programs,
Pacific Region, U.S. Fish and Wildlife Service, 911 NE 11th Ave.,
Portland, OR 97232.
Fax: Michael Green, Acting Chief, Division of Migratory
Birds and Habitat Programs, (503) 231-2019; Attn.: DEA for the NMFS
MBTA Permit.
FOR FURTHER INFORMATION CONTACT: Michael Green, Acting Chief, Division
of Migratory Birds and Habitat Programs, Pacific Region, U.S. Fish and
Wildlife Service, (503) 231-2019 (phone); pacific_birds@fws.gov
(email, include ``DEA for the NMFS MBTA Permit'' in the subject line of
the message). If you use a telecommunications device for the deaf
(TDD), please call the Federal Information Relay Service (FIRS) at
(800) 877-8339.
SUPPLEMENTARY INFORMATION:
Introduction
The U.S. Fish and Wildlife Service (Service) has received an
application from NMFS for a special purpose permit under the Migratory
Bird Treaty Act of 1918 (16 U.S.C. 703-711) (MBTA). The permit, if
issued, would authorize incidental take of migratory birds, principally
two species of albatross, by NMFS in its regulation of the shallow-set
longline fishery based in Hawaii. This fishery targets swordfish and
operates on the high seas and within the United States Exclusive
Economic Zone (EEZ). The migratory birds incidentally taken in the
fishery are predominantly Laysan and Black-footed Albatross
(Phoebastria immutabilis and P. nigripes). One individual each of Sooty
Shearwater (Puffinus griseus) and Northern Fulmar (Fulmarus glacialis)
have been reported taken in the fishery. The endangered Short-tailed
Albatross (Phoaebastria albatrus) occurs in the area where the fishery
operates and has been observed from Hawaii-based longline fishing
vessels, but no take of this species has been reported. Consultation
under section 7(a)(2) of the Endangered Species Act is in progress to
assess the impacts of this fishery on the Short-tailed Albatross.
The Draft Environmental Assessment (DEA) analyzes the alternatives
associated with this permit application in light of our permitting
regulations in the Code of Federal Regulations (CFR) in 50 CFR 21.27
under the MBTA. If we issue the permit at issue in this environmental
assessment, it will be the first permit under these regulations issued
to authorize incidental take of migratory birds by an agency regulating
a commercial, non-conservation activity.
Background
Regulations under the MBTA allow the Service to issue permits to
take migratory birds for various reasons, such as depredation and
scientific collecting. One of those regulations, 50 CFR 21.27, allows
the Service to issue special purpose permits in circumstances not
addressed by specific permit regulations. An application for a special
purpose permit must meet the general permitting conditions set forth in
50 CFR 13 and make a ``sufficient showing'' of:
Benefit to the migratory bird resources,
Important research reasons,
Reasons of human concern for individual birds, or
Other compelling justification.
We will issue a special purpose permit only if we determine that
the take is compatible with the conservation intent of the MBTA.
Standard conditions for permit issuance include those described in 50
CFR 13.21(e) and 21.27(c).
The Hawaii-based longline fishery that targets swordfish is a
pelagic or open-ocean fishery that began in the late-1980s and has
since been managed under the Fishery Management Plan for the Pelagic
Fisheries of the Western Pacific Region. Shallow-set longlining
consists of deploying a mainline 18 to 60 nautical miles in length with
floats at 360-meter (m) intervals. The mainline depth is 25 to 75 m.
About four branchlines, 10 to 20 m in length, with baited hooks and
artificial light sticks to attract swordfish, are suspended between
floats, for a total of approximately 700 to 1,000 hooks per deployment.
The line is deployed, or ``set,'' after sunset, left in the water
overnight, and retrieved, or ``hauled,'' in the morning. Seabirds, as
well as sea turtles and other non-target species, can be killed or
injured during either deployment or retrieval of the lines, when they
are unintentionally hooked or entangled in fishing gear.
The shallow-set sector of the Hawaii-based longline fishery
operates under NMFS regulations requiring the use of measures to avoid
and minimize the injury and death of seabirds (67 FR 34408, 69 FR
17329, 70 FR 75075). These regulations were in place when the fishery
was reopened in 2004 following a court-ordered closure in 2001 that
addressed concerns about endangered sea turtles. Between 2004 and 2010,
the fishery has taken (killed or injured) an estimated total of 332
Laysan and 118 Black-footed albatrosses, an annual average of roughly
55 and 20 birds of each species, respectively. These levels of take are
expected to continue, and are not thought to pose a risk of population-
level impacts or change in conservation status for either species.
The Pacific Islands Regional Office of NMFS manages and regulates
this fishery under the Fishery Management Plan, which was developed by
the Western Pacific Regional Fishery Management Council and approved by
the Secretary of Commerce, in accordance with the Magnuson-Stevens Act
(16 U.S.C. 1801 et seq.) (MSA). Under the MSA, Fishery Councils are
vested with the authority to propose amendments to Fishery Management
Plans. NMFS may approve or partially approve proposed amendments;
approvals are codified as Federal regulations. In 2010, regulations
went into effect to implement an amendment that removed the restriction
on fishing effort (annual number of sets) in this fishery that had been
in place since 2004. Because fishing effort never reached the limit
that has now been removed, and effort is increasing only slowly, NMFS
anticipates that total effort in the fishery will not increase
substantially between 2011 and 2014, the period that would be covered
by a permit under the MBTA.
Applicant's Proposal
NMFS proposes to continue operation of the shallow-set fishery
under current regulations that require the use of measures to avoid and
minimize take of migratory birds. In addition to continued
implementation of these regulations, NMFS proposes to analyze the high
proportion of the total observed take in this fishery that occurs as
injured birds. Specifically, NMFS would examine the role of untended or
``lazy'' lines, offal discards, and other practices in making hooks and
gear available to seabirds and possibly attracting and habituating
seabirds to longline vessels, especially during gear retrieval. The
results of these assessments would be reported to the Service, and
reports
[[Page 1503]]
would include any new information that could further reduce the take of
seabirds in the fishery or point to research needed to achieve
reduction. If new analyses and qualitative assessments lead to
identification of means to reduce take of migratory birds, NMFS would
develop these remedies so that they could be incorporated into NMFS
regulatory processes in a timely fashion. If new information does not
lead to modified or new practices that could reduce take of migratory
birds in the fishery, NMFS would develop study plans for needed
research and/or a proposal or proposals to offset the unavoidable take
in the fishery in a manner that would not affect operation of the
fishery. These additional activities were described in materials
submitted as part of the permit application, and if we issue the permit
after completion of the National Environmental Policy Act (NEPA)
process, then these commitments would become conditions of the permit.
The Service independently evaluated the estimated total and average
number, and the nominal rate, of seabirds taken in the fishery. This
evaluation, in relation to the existing avoidance and minimization
measures, proposed new activities, and potential offsetting
conservation measures, is discussed in the DEA, along with the
implications for direct, indirect, and cumulative effects under three
alternatives.
Next Steps
The public process for the proposed Federal permit action will be
completed after the public-comment period, at which time we will
evaluate the permit application and comments submitted on the DEA and
determine whether the application meets the permitting requirements
under the MBTA and applicable regulations. Upon completion of that
evaluation we will select our course of action among the three
alternatives identified in the DEA. We then will either issue a final
environmental assessment and a Finding of No Significant Impact or
initiate the preparation of an Environmental Impact Statement.
Public Comments
We invite public comment on the DEA. You may submit comments by any
one of the methods discussed above under ADDRESSES.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comments, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Authority
We provide this notice under section 668a of the Act (16 U.S.C.
668-668c) and NEPA regulations (40 CFR 1506.6).
Dated: December 23, 2011.
Richard Hannan,
Deputy Regional Director, Pacific Region, Portland, Oregon.
[FR Doc. 2012-192 Filed 1-9-12; 8:45 am]
BILLING CODE 4310-55-P
