National Environmental Policy Act Compliance for Council-Initiated Fishery Management Actions Under the Magnuson-Stevens Act, 36726-36728 [2014-15270]
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36726
Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: June 24, 2014.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2014–15207 Filed 6–27–14; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD353
Permits; Foreign Fishing
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of application for permit;
request for comments.
AGENCY:
NMFS publishes for public
review and comment information
regarding a permit application for
transshipment of Atlantic herring by
Canadian vessels, submitted under
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). This
action is necessary for NMFS to make a
determination that the permit
application can be approved.
DATES: Written comments must be
received by July 14, 2014.
ADDRESSES: Written comments on this
action, identified by RIN 0648–XD353,
should be sent to Mark Wildman in the
NMFS Office of International Affairs at
1315 East-West Highway, Silver Spring,
MD 20910 (phone: (301) 427–8386, fax:
(301) 713–2313, email: mark.wildman@
noaa.gov).
FOR FURTHER INFORMATION CONTACT:
Mark Wildman at (301) 427–8386 or by
email at mark.wildman@noaa.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
authorizes the Secretary of Commerce
(Secretary) to issue a transshipment
permit authorizing a vessel other than a
vessel of the United States to engage in
fishing consisting solely of transporting
fish or fish products at sea from a point
within the United States Exclusive
Economic Zone (EEZ) or, with the
concurrence of a state, within the
boundaries of that state, to a point
outside the United States. In addition,
Public Law 104–297, section 105(e),
directs the Secretary to issue section
204(d) permits for up to 14 Canadian
transport vessels to receive Atlantic
herring harvested by United States
fishermen and to be used in sardine
processing. Transshipment must occur
from within the boundaries of the State
of Maine or within the portion of the
EEZ east of the line 69 degrees 30
minutes west and within 12 nautical
miles from Maine’s seaward boundary.
Section 204(d)(3)(D) of the MagnusonStevens Act provides that an application
may not be approved until the Secretary
determines that ‘‘no owner or operator
of a vessel of the United States which
has adequate capacity to perform the
transportation for which the application
is submitted has indicated . . . an
interest in performing the transportation
at fair and reasonable rates.’’ NMFS is
publishing this notice as part of its effort
to make such a determination with
respect to the application described
below.
Summary of Application
NMFS received an application
requesting authorization for five
Canadian transport vessels to receive
transfers of herring from United States
purse seine vessels, stop seines, and
weirs for the purpose of transporting the
herring to Canada for processing. The
transshipment operations will occur
within the boundaries of the State of
Maine or within the portion of the EEZ
east of the line 69°30′ W longitude and
within 12 nautical miles from Maine’s
seaward boundary.
Dated: June 24, 2014.
´
Jean-Pierre Ple,
Acting Director, Office of International
Affairs, National Marine Fisheries Service.
[FR Doc. 2014–15266 Filed 6–27–14; 8:45 am]
BILLING CODE 3510–22–P
Background
Section 204(d) of the MagnusonStevens Act (16 U.S.C. 1824(d))
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD124
National Environmental Policy Act
Compliance for Council-Initiated
Fishery Management Actions Under
the Magnuson-Stevens Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of draft
revised and updated National
Environmental Policy Act (NEPA)
procedures for Magnuson-Stevens Act
fishery management actions; request for
comments.
AGENCY:
The purpose of this notice is
to notify the public that on February 19,
2013, NMFS issued an internal policy
pertaining to complying with NEPA in
the context of Magnuson-Stevens Act
(MSA) fishery management actions.
This policy, entitled ‘‘National
Environmental Policy Act Compliance
for Council-Initiated Fishery
Management Actions under the
Magnuson-Stevens Act’’ (the policy)
clarifies roles and responsibilities of
NMFS and the Regional Fishery
Management Councils (Council or
FMCs), explains timing and procedural
linkages, provides guidance on
documentation needs, and fosters
partnerships and cooperation between
NMFS and FMCs on NEPA compliance.
NMFS consulted with the Councils
and with the Council on Environmental
Quality (CEQ) on proposed revisions to
the 2013 NMFS NEPA policy directive,
and based on those consultations NMFS
now proposes to use this policy as a
basis for issuing revised and updated
NEPA procedures for MSA actions in
the form of a line-office supplement to
NOAA Administrative Order (NAO)
216–6.
DATES: NMFS will accept written
comments on the draft revised NEPA
procedures until September 29, 2014.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2014–0024, by any of the
following methods:
•Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140024, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
•Mail: Submit written comments to
Steve Leathery, NMFS NEPA
SUMMARY:
E:\FR\FM\30JNN1.SGM
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices
Coordinator, Room 10828, 1315 EastWest Highway, Silver Spring MD 21755.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Steve Leathery, 301–427–8014.
SUPPLEMENTARY INFORMATION: The 2007
Magnuson-Stevens Reauthorization Act
(MSRA) required NMFS to ‘‘revise and
update’’ agency procedures to comply
with NEPA for fisheries management
actions. In developing a proposed
approach, NMFS conducted extensive
public outreach which included the
following:
• Consulted with the Council on
Environmental Quality (CEQ) and the
Councils.
• Posted Trigger Questions,
developed by NMFS, and a Strawman
proposal, developed by the Council
Coordination Committee (CCC), for 60day public comment.
• NMFS made presentations at
meetings of all eight FMCs on Trigger
Questions and Strawman during the 60day period; NMFS received over 1600
comments.
• NMFS published proposed rule
May 2008 with a 90-day comment
period; conducted 3 NMFS-sponsored
public hearings and a public workshop;
conducted presentations at meetings of
all eight FMCs; and received over
150,000 public comments.
NMFS’s initial approach was to
propose a rule creating new regulatory
requirements aligning the decisionmaking processes of the Councils and
NMFS under the MSA with the
analytical and procedural requirements
of NEPA. The proposed rule would have
required Council consideration of draft
NEPA documents prior to
recommending fishery management
measures, and NMFS consideration of a
final NEPA document during Secretarial
review of the measures. These comment
periods could be less than 45 days each
in limited circumstances, but in no case
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19:01 Jun 27, 2014
Jkt 232001
could the combined total of days be less
than 45, which is the minimum
comment period established by CEQ’s
regulations for EISs. The proposed rule
would have included regulatory
provisions pertaining to inadequate and
incomplete information, a new
categorical exclusion for exempted
fishing permits, and it would have
changed the name of the EIS-level NEPA
compliance document for fisheries
management to reflect the integration of
fisheries management and
environmental considerations. It also
would have established a new tiering
mechanism modeled on fishery
management plan (FMP) ‘‘frameworks.’’
NMFS published the proposed rule on
May 14, 2008, and provided for a 90-day
public comment period. During the
public comment period, NMFS
delivered presentations at meetings of
all eight Councils and conducted three
NMFS-sponsored public listening
sessions: one in Washington, DC metro
area, one in St. Petersburg, FL, and one
in Seattle, WA. In addition, NMFS,
Council representatives, and CEQ held
an interactive public workshop in the
Washington, DC area. By the close of the
public comment period, NMFS had
received over 150,000 comment letters,
many of which were form letters urging
NMFS to withdraw the proposed rule
and start over.
NMFS subsequently determined that
it would be more appropriate to revise
and update internal guidance rather
than to create new regulatory
requirements. On February 19, 2013,
NMFS issued a policy titled ‘‘National
Environmental Policy Act Compliance
for Council-Initiated Fishery
Management Actions under the
Magnuson-Stevens Act.’’ This policy
clarifies roles and responsibilities of
NMFS and the Councils, explains
timing and procedural linkages,
provides guidance on documentation
needs, and fosters partnerships and
cooperation between NMFS and FMCs
on NEPA compliance. Issuance of this
policy satisfied the requirements of
section 304(i) of the MSA.
After issuing the 2013 Policy
Directive, NMFS consulted with the
Council Coordination Committee (CCC)
at its public meeting in May 2013, and
also had follow-up dialog with a
subcommittee the CCC established to
represent the CCC on these matters.
Additionally, NMFS consulted with
CEQ. Based on those consultations,
NMFS is now proposing to use this
policy as a basis for a line-office
supplement to NAO 216–6, and is
publishing the draft revised and
updated NEPA procedures for MSA
actions to solicit public comment.
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36727
NMFS anticipates further
improvements to the NEPA process at
the NOAA level as a result of ongoing
efforts to update NAO 216–6. NMFS
will work to ensure consistency
between any future NOAA-level NEPA
policy and procedures and these revised
and updated MSA NEPA procedures.
Key features of the draft revised and
updated NEPA procedures include:
• Roles and Responsibilities: The
draft procedures set forth the statutory
roles and responsibilities for NMFS and
the Councils as dictated by NEPA and
the MSA. While providing clarity on
ultimate responsibilities, they encourage
collaboration and early integration of
processes. For Atlantic Highly Migratory
Species (HMS), NMFS retains
responsibility over all aspects of
compliance.
• Timing: The draft procedures
encourage completing as much of the
NEPA process as possible at the Council
level, while recognizing the logistical
demands of the fishery management
process. The draft procedures establish
a procedural nexus linking NEPA’s
requirements with MSA’s. The nexus
highlights the requirement for the
Regional Administrator to determine a
package ‘‘complete’’ to initiate MSA
review; sets forth the timing
requirements of the MSA and NEPA,
and includes risk-based considerations
for determining the NEPA schedule.
• Documentation: This section
clarifies that the statement of purpose
and need in the NEPA analysis should
be linked to the fishery management
need the Council is addressing. It also
addresses the alternatives to be
considered and what ‘‘reasonable’’
alternatives should be, and it provides
guidance, derived from CEQ’s 40 MostAsked Questions, on defining the ‘‘no
action’’ alternative in a fishery
management context. It also specifies
that, based on information in the NEPA
analysis, it may be appropriate for a
ROD to go beyond the question of
approving or disapproving the
recommendation at hand, and may
include an identification of additional
conservation and management needs, as
appropriate.
• Improvements/Efficiencies: This
section includes instructions for
optional use of broad analyses and
tiering, and incorporation by reference.
It also identifies best practices for early
collaboration using information
technology and early communication.
• Relationship to other Documents:
This section describes the policy’s
relationship to other existing documents
and policies including the NMFS and
Council 1997 Operational Guidelines,
the NOAA NEPA Administrative Order
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36728
Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices
(NAO 216–6), and CEQ’s NEPA
regulations.
The draft revised and updated NEPA
procedures are intended to:
• Add additional references to
NEPA’s requirements;
• Add additional description about
Council processes;
• Add greater specificity to certain
timing requirements; and
• Clarify NMFS’s intent with regards
to usage of NEPA documents.
Both the 2013 Policy Directive, and
the draft revised and updated NEPA
procedures for MSA actions are
available online at https://www.nmfs.
noaa.gov/msa2007/nepa.htm. After
considering comments, NMFS intends
to finalize the proposed NEPA
procedures for MSA actions and to
withdraw the proposed May 2008 rule.
Dated: June 24, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–15270 Filed 6–27–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD349
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of an
application for an exempted fishing
permit; request for comments.
AGENCY:
NMFS has made a
preliminary determination that an
application for an Exempted Fishing
Permit (EFP) warrants further
consideration and an opportunity for
public comment. The application was
submitted by the owner and operator of
an Atlantic tunas Purse Seine categorypermitted vessel, requesting an
exemption from annual incidental purse
seine retention limit on the harvest of
large medium Atlantic bluefin tuna
(BFT) (i.e., measuring 73 to less than 81
inches curved fork length). The
applicants propose that NMFS, through
issuance of the EFP, assess the
possibility of reducing regulatory
discards related to this limit to increase
the likelihood of harvesting the vessel’s
individual purse seine vessel BFT quota
and the category subquota overall.
NMFS is interested in assessing this
possibility consistent with the purposes
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SUMMARY:
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19:01 Jun 27, 2014
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of EFPs and the associated data that
could be gathered through such an EFP
and requests public comment on the
information provided in this notice and
the application submitted.
DATES: Comments must be received by
July 21, 2014.
ADDRESSES: You may submit comments
on this notice, identified by 0648–
XD349, by any one of the following
methods:
• Email: NMFS.PSEFP.2014@
noaa.gov.
• Mail: Margo Schulze-Haugen,
Highly Migratory Species Management
Division (F/SF1), NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
Please mark the outside of the envelope
‘‘Comments on 2014 purse seine EFP
application.’’
FOR FURTHER INFORMATION CONTACT: A
copy of the application can viewed at
the following Web site: https://
www.nmfs.noaa.gov/sfa/hms/news/
breaking_news.html; or by contacting
Craig Cockrell, Highly Migratory
Species Management Division, NMFS,
(301) 427–8503.
SUPPLEMENTARY INFORMATION: NMFS
published a notice of intent to issue
EFPs, Scientific Research Permits,
Letters of Acknowledgement, and
Chartering Permits for Atlantic highly
migratory species (HMS) in 2014 (78 FR
69823, November 21, 2013). Although
that notice anticipated a variety of
applications, it stated that occasionally
NMFS receives applications for
activities that were not anticipated at
the time of the general notice and that
NMFS would provide additional
opportunity for public comment if that
were to occur.
As discussed in the November 2013
notice of intent to issue EFPs and other
permits, issuance of EFPs and related
permits are necessary for the collection
of HMS for public display and scientific
research to exempt them from specified
regulations (e.g., fishing seasons,
prohibited species, authorized gear,
closed areas, and minimum sizes) that
may otherwise prohibit such collection.
Specifically, NMFS may authorize
activities otherwise prohibited by the
regulations at 50 CFR part 635 for the
conduct of scientific research; the
acquisition of information and data; the
enhancement of safety at sea; the
purpose of collecting animals for public
education or display; the investigation
of bycatch, economic or regulatory
discard; or for chartering arrangements.
See 50 CFR 635.32(a)(1). The terms and
conditions of individual permits are
unique; however, all permits include
reporting requirements, limit the
number and species of HMS to be
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
collected, and only authorize collection
in Federal waters of the Atlantic Ocean,
Gulf of Mexico, and Caribbean Sea.
EFPs and related permits are issued
under the authority of the MagnusonStevens Fishery Conservation and
Management Reauthorization Act
(Magnuson-Stevens Act) (16 U.S.C. 1801
et seq.) and/or the Atlantic Tunas
Convention Act (ATCA) (16 U.S.C. 971
et seq.). Regulations at 50 CFR 600.745
and 635.32 govern exempted fishing
permits, as well as scientific research
activity, chartering arrangements, and
exempted public display and
educational activities.
Current Atlantic HMS regulations
specify that persons aboard a vessel
permitted in the Atlantic Tunas Purse
Seine category ‘‘may retain, possess,
land, or sell large medium BFT in
amounts not exceeding 15 percent, by
weight, of the total amount of giant BFT
landed during that fishing year.’’ See 50
CFR 635.23(e)(1). As a result, Purse
Seine category vessels may discard large
medium BFT to reduce the risk of
exceeding the annual purse seine
retention limit. This has the effect of
focusing effort in the purse seine fishery
on giant BFT but may also result in dead
discards of the smaller BFT. The
retention limits that apply to most
commercial categories allow the
retention of large medium BFT.
In the Draft Amendment 7 to the 2006
Consolidated Atlantic HMS Fishery
Management Plan (2006 Consolidated
HMS FMP), NMFS considered but did
not further analyze the possibility of
altering this limit. Although there has
been past interest in altering this limit,
e.g., the issue was raised in the
comments on the 2006 Consolidated
HMS FMP, this alternative was not
considered further in the DEIS because
there were few data available to
determine whether such a change might
be warranted or the impacts of such a
change given recent low catch/landings
from the Purse Seine category.
Data are now available on dead
discards by size relative to retained
catch for the Purse Seine category from
the 2013 fishing year, reflecting dead
discards for the smaller size categories.
NMFS believes that additional analysis
about the potential benefits of altering
the limit, both by reducing dead
discards and improving the Purse Seine
category’s opportunity to harvest its
subquota, may be warranted and
beneficial to the stock and the fishery.
Additional data are needed to conduct
such analyses and to make fishery
management decisions. An EFP would
allow NMFS to collect and review such
additional data regarding the annual
incidental purse seine retention limit by
E:\FR\FM\30JNN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Pages 36726-36728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15270]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD124
National Environmental Policy Act Compliance for Council-
Initiated Fishery Management Actions Under the Magnuson-Stevens Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of draft revised and updated National
Environmental Policy Act (NEPA) procedures for Magnuson-Stevens Act
fishery management actions; request for comments.
-----------------------------------------------------------------------
SUMMARY: The purpose of this notice is to notify the public that on
February 19, 2013, NMFS issued an internal policy pertaining to
complying with NEPA in the context of Magnuson-Stevens Act (MSA)
fishery management actions. This policy, entitled ``National
Environmental Policy Act Compliance for Council-Initiated Fishery
Management Actions under the Magnuson-Stevens Act'' (the policy)
clarifies roles and responsibilities of NMFS and the Regional Fishery
Management Councils (Council or FMCs), explains timing and procedural
linkages, provides guidance on documentation needs, and fosters
partnerships and cooperation between NMFS and FMCs on NEPA compliance.
NMFS consulted with the Councils and with the Council on
Environmental Quality (CEQ) on proposed revisions to the 2013 NMFS NEPA
policy directive, and based on those consultations NMFS now proposes to
use this policy as a basis for issuing revised and updated NEPA
procedures for MSA actions in the form of a line-office supplement to
NOAA Administrative Order (NAO) 216-6.
DATES: NMFS will accept written comments on the draft revised NEPA
procedures until September 29, 2014.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2014-0024, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0024, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Steve Leathery, NMFS NEPA
[[Page 36727]]
Coordinator, Room 10828, 1315 East-West Highway, Silver Spring MD
21755.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Steve Leathery, 301-427-8014.
SUPPLEMENTARY INFORMATION: The 2007 Magnuson-Stevens Reauthorization
Act (MSRA) required NMFS to ``revise and update'' agency procedures to
comply with NEPA for fisheries management actions. In developing a
proposed approach, NMFS conducted extensive public outreach which
included the following:
Consulted with the Council on Environmental Quality (CEQ)
and the Councils.
Posted Trigger Questions, developed by NMFS, and a
Strawman proposal, developed by the Council Coordination Committee
(CCC), for 60-day public comment.
NMFS made presentations at meetings of all eight FMCs on
Trigger Questions and Strawman during the 60-day period; NMFS received
over 1600 comments.
NMFS published proposed rule May 2008 with a 90-day
comment period; conducted 3 NMFS-sponsored public hearings and a public
workshop; conducted presentations at meetings of all eight FMCs; and
received over 150,000 public comments.
NMFS's initial approach was to propose a rule creating new
regulatory requirements aligning the decision-making processes of the
Councils and NMFS under the MSA with the analytical and procedural
requirements of NEPA. The proposed rule would have required Council
consideration of draft NEPA documents prior to recommending fishery
management measures, and NMFS consideration of a final NEPA document
during Secretarial review of the measures. These comment periods could
be less than 45 days each in limited circumstances, but in no case
could the combined total of days be less than 45, which is the minimum
comment period established by CEQ's regulations for EISs. The proposed
rule would have included regulatory provisions pertaining to inadequate
and incomplete information, a new categorical exclusion for exempted
fishing permits, and it would have changed the name of the EIS-level
NEPA compliance document for fisheries management to reflect the
integration of fisheries management and environmental considerations.
It also would have established a new tiering mechanism modeled on
fishery management plan (FMP) ``frameworks.''
NMFS published the proposed rule on May 14, 2008, and provided for
a 90-day public comment period. During the public comment period, NMFS
delivered presentations at meetings of all eight Councils and conducted
three NMFS-sponsored public listening sessions: one in Washington, DC
metro area, one in St. Petersburg, FL, and one in Seattle, WA. In
addition, NMFS, Council representatives, and CEQ held an interactive
public workshop in the Washington, DC area. By the close of the public
comment period, NMFS had received over 150,000 comment letters, many of
which were form letters urging NMFS to withdraw the proposed rule and
start over.
NMFS subsequently determined that it would be more appropriate to
revise and update internal guidance rather than to create new
regulatory requirements. On February 19, 2013, NMFS issued a policy
titled ``National Environmental Policy Act Compliance for Council-
Initiated Fishery Management Actions under the Magnuson-Stevens Act.''
This policy clarifies roles and responsibilities of NMFS and the
Councils, explains timing and procedural linkages, provides guidance on
documentation needs, and fosters partnerships and cooperation between
NMFS and FMCs on NEPA compliance. Issuance of this policy satisfied the
requirements of section 304(i) of the MSA.
After issuing the 2013 Policy Directive, NMFS consulted with the
Council Coordination Committee (CCC) at its public meeting in May 2013,
and also had follow-up dialog with a subcommittee the CCC established
to represent the CCC on these matters. Additionally, NMFS consulted
with CEQ. Based on those consultations, NMFS is now proposing to use
this policy as a basis for a line-office supplement to NAO 216-6, and
is publishing the draft revised and updated NEPA procedures for MSA
actions to solicit public comment.
NMFS anticipates further improvements to the NEPA process at the
NOAA level as a result of ongoing efforts to update NAO 216-6. NMFS
will work to ensure consistency between any future NOAA-level NEPA
policy and procedures and these revised and updated MSA NEPA
procedures.
Key features of the draft revised and updated NEPA procedures
include:
Roles and Responsibilities: The draft procedures set forth
the statutory roles and responsibilities for NMFS and the Councils as
dictated by NEPA and the MSA. While providing clarity on ultimate
responsibilities, they encourage collaboration and early integration of
processes. For Atlantic Highly Migratory Species (HMS), NMFS retains
responsibility over all aspects of compliance.
Timing: The draft procedures encourage completing as much
of the NEPA process as possible at the Council level, while recognizing
the logistical demands of the fishery management process. The draft
procedures establish a procedural nexus linking NEPA's requirements
with MSA's. The nexus highlights the requirement for the Regional
Administrator to determine a package ``complete'' to initiate MSA
review; sets forth the timing requirements of the MSA and NEPA, and
includes risk-based considerations for determining the NEPA schedule.
Documentation: This section clarifies that the statement
of purpose and need in the NEPA analysis should be linked to the
fishery management need the Council is addressing. It also addresses
the alternatives to be considered and what ``reasonable'' alternatives
should be, and it provides guidance, derived from CEQ's 40 Most-Asked
Questions, on defining the ``no action'' alternative in a fishery
management context. It also specifies that, based on information in the
NEPA analysis, it may be appropriate for a ROD to go beyond the
question of approving or disapproving the recommendation at hand, and
may include an identification of additional conservation and management
needs, as appropriate.
Improvements/Efficiencies: This section includes
instructions for optional use of broad analyses and tiering, and
incorporation by reference. It also identifies best practices for early
collaboration using information technology and early communication.
Relationship to other Documents: This section describes
the policy's relationship to other existing documents and policies
including the NMFS and Council 1997 Operational Guidelines, the NOAA
NEPA Administrative Order
[[Page 36728]]
(NAO 216-6), and CEQ's NEPA regulations.
The draft revised and updated NEPA procedures are intended to:
Add additional references to NEPA's requirements;
Add additional description about Council processes;
Add greater specificity to certain timing requirements;
and
Clarify NMFS's intent with regards to usage of NEPA
documents.
Both the 2013 Policy Directive, and the draft revised and updated
NEPA procedures for MSA actions are available online at https://www.nmfs.noaa.gov/msa2007/nepa.htm. After considering comments, NMFS
intends to finalize the proposed NEPA procedures for MSA actions and to
withdraw the proposed May 2008 rule.
Dated: June 24, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-15270 Filed 6-27-14; 8:45 am]
BILLING CODE 3510-22-P
