Notice of Intent To Prepare an Environmental Impact Statement on Modifications to the Atlantic Large Whale Take Reduction Plan To Reduce Mortality and Serious Injury of Large Whales in Commercial Trap/Pot and Gillnet Fisheries Along the U.S. East Coast, 55405-55409 [2022-19335]
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
Time
Activity
12:30 p.m.–1:30 p.m ......
1:30 p.m.–3:30 p.m ........
3:30 p.m.–3:45 p.m ........
3:45 p.m.–4:45 p.m ........
Lunch.
Monkfish (north and south), Discussion/Questions ........................
Break.
Southern New England/mid-Atlantic yellowtail flounder, Discussion/Questions.
Discussion/Summary .......................................................................
Public Comment ..............................................................................
Adjourn.
4:45 p.m.–5 p.m .............
5 p.m.–5:15 p.m .............
5:15 p.m .........................
55405
Lead
Jon Deroba, Review Panel.
Chris Legault, Review Panel.
Review Panel.
Public.
Wednesday, September 21, 2022
Time
Activity
Lead
9 a.m.–9:05 a.m .............
9:05 a.m.–10:30 a.m ......
10:30 a.m.–10:45 a.m ....
10:45 a.m.–12 p.m .........
12 p.m.–12:15 p.m .........
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5 p.m.–5:15 p.m .............
5:15 p.m .........................
Brief Overview and Logistics ...........................................................
Gulf of Maine haddock, Discussion/Questions ...............................
Break.
Gulf of Maine haddock cont., Discussion/Questions ......................
Discussion/Summary .......................................................................
Public Comment ..............................................................................
Lunch.
Pollock, Discussion/Questions ........................................................
Break.
Pollock cont., Discussion/Questions ...............................................
Discussion/Summary .......................................................................
Public Comment ..............................................................................
Adjourn.
Michele Traver/Richard Merrick (Chair).
Charles Perretti, Review Panel.
Charles Perretti, Review Panel.
Review Panel.
Public.
Brian Linton, Review Panel.
Brian Linton, Review Panel.
Review Panel.
Public.
Thursday, September 22, 2022
Time
Activity
9:30 a.m.–9:35 a.m ........
9:35 a.m.–11 a.m ...........
11 a.m.–11:15 a.m .........
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1 p.m.–5 p.m ..................
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Brief Overview and Logistics ...........................................................
American plaice, Discussion/Questions ..........................................
Discussion/Summary .......................................................................
Public Comment ..............................................................................
Key Points/Follow ups .....................................................................
Break.
Report Writing .................................................................................
Adjourn.
The meeting is open to the public;
however, during the ‘Report Writing’
session on Thursday, September 22nd,
the public should not engage in
discussion with the Peer Review Panel.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Special
requests should be directed to Michele
Traver, via email.
Dated: September 6, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–19480 Filed 9–8–22; 8:45 am]
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BILLING CODE 3510–22–P
Lead
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RTID 0648–XB307
Notice of Intent To Prepare an
Environmental Impact Statement on
Modifications to the Atlantic Large
Whale Take Reduction Plan To Reduce
Mortality and Serious Injury of Large
Whales in Commercial Trap/Pot and
Gillnet Fisheries Along the U.S. East
Coast
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Intent to prepare an
Environmental Impact Statement,
request for comments.
AGENCY:
This notice announces an
Environmental Impact Statement (EIS)
will be prepared in accordance with the
SUMMARY:
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Michele Traver/Richard Merrick (Chair).
Larry Alade, Review Panel.
Review Panel.
Public.
Review Panel.
Review Panel.
National Environmental Policy Act
(NEPA) to analyze the impacts to the
environment of alternatives to amend
the Atlantic Large Whale Take
Reduction Plan (Plan). The National
Marine Fisheries Service (NMFS)
intends to begin a rulemaking process to
amend the Plan to further reduce the
risk of mortalities and serious injuries of
North Atlantic right whales (Eubalaena
glacialis) and other large whales caused
by incidental entanglement in
commercial trap/pot and gillnet
fisheries along the U.S. East Coast. This
notice is necessary to inform the public
of NMFS’s intent to prepare this EIS and
to provide the public with an
opportunity to provide input for
NMFS’s consideration.
Comments must be received by
October 11, 2022.
Public Hearing: In addition to
presentations at New England and Mid
Atlantic Fishery Management Council
Meetings in September and October
DATES:
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2022, a virtual public scoping meeting
will be held during the public comment
period. See ADDRESSES to obtain public
meeting details.
ADDRESSES: You many submit
comments on this Notice of Intent,
identified by NOAA–NMFS–2022–0091,
by either of the following methods:
Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2022–0091 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: All comments received
that are timely and properly submitted
are a part of the public record and may
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. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). 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 us.
Oral Comments: One remote public
scoping meeting will be held during the
comment period. More information,
including the date of the public scoping
meeting and remote access information,
will be posted on the Plan website,
https://www.fisheries.noaa.gov/
ALWTRP, or you may contact Marisa
Trego. (see FOR FURTHER INFORMATION
CONTACT).
FOR FURTHER INFORMATION CONTACT:
Marisa Trego, Atlantic Large Whale
Take Reduction Team Coordinator,
Greater Atlantic Region. Telephone:
978–282–8484. Address: 55 Great
Republic Drive, Gloucester, MA 01930.
Email: marisa.trego@noaa.gov.
SUPPLEMENTARY INFORMATION:
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Purpose and Need for Proposed Action
NMFS has determined that additional
risk reduction is needed in all East
Coast gillnet and trap/pot fisheries
regulated under the Plan to meet the
requirements of the Marine Mammal
Protection Act (MMPA). This notice
informs the public of an opportunity to
provide public input on the next Plan
modifications to reduce the risk of
entanglement to right, humpback, and
fin whales from all U.S. East Coast
commercial trap/pot and gillnet
fisheries.
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A final rule implementing new
modifications to reduce mortalities and
serious injuries caused by incidental
entanglement in the Northeast American
lobster and Jonah crab trap/pot fishery
was published on September 17, 2021
(86 FR 51970) and analyzed in a Final
Environmental Impact Statement (FEIS)
released on July 2, 2021 (86 FR 35288).
These Phase 1 Plan modifications were
intended to achieve the minimum 60
percent target reduction in risk within
the Northeast American lobster and
Jonah crab trap/pot fisheries at the time.
Given new information since the 2021
modifications were initiated, the risk
reduction estimated to be necessary to
reduce mortality and serious injuries of
right whales in U.S. commercial
fisheries to below the Population
Biological Removal level (PBR), as
required by the MMPA, has increased
from 60 to 80 percent in 2019 to at least
a 90 percent risk reduction target. NMFS
has been working with the Atlantic
Large Whale Take Reduction Team
(Team) to develop recommendations
addressing risk from the U.S. East Coast
gillnet, Atlantic mixed species trap/pot,
and Mid-Atlantic lobster and Jonah crab
trap/pot fisheries, including some that
apply to Northeast lobster and Jonah
crab trap/pot fishery. In a recent
summary judgment in the Center for
Biological Diversity, et al., v. Raimondo,
et al., (Civ. No. 18–112 (D.D.C.)), the
presiding judge ruled that the 2021
Final Rule failed to satisfy the
requirements of the MMPA. Given that
ruling and the updated 90 percent risk
reduction target, additional risk
reduction will be necessary from all
fixed gear fisheries coastwide that are
regulated under the Plan, as described
below.
NMFS plans to analyze alternatives
through the development of a Draft
Environmental Impact Statement (DEIS)
alongside a rulemaking to modify the
Plan to reduce mortalities and serious
injuries from incidental commercial
fishing gear entanglements in all U.S.
East Coast commercial gillnet and trap/
pot fisheries. NMFS’ purpose for the
proposed action is to fulfill the
mandates of the MMPA to reduce
incidental mortalities and serious
injuries of large whales to below each
stock’s PBR. This action is needed
because the right whale population is in
steep decline, incidental entanglement
in U.S. commercial fisheries is one of
the causes of serious injuries and
mortalities to right whales, and the
estimated level of serious injuries and
mortalities in U.S. fisheries exceeds the
level allowed under the MMPA.
North Atlantic right whales are listed
as endangered under the Endangered
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Species Act (ESA) and considered
depleted under the MMPA. After more
than two decades of an increasing trend,
the population has been declining since
2010 (Pace et al., 2017). The most recent
population estimate is fewer than 350
animals, which is well below the
optimum sustainable population (Pettis
et al., 2022). The decline has been
exacerbated by an Unusual Mortality
Event (UME) that began in 2017, when
a total of 17 confirmed dead right
whales were documented. It is
important to note that scientists
estimate only about one-third of
mortalities are observed (Pace et al.,
2021). As of August 2022, the UME
includes 53 documented individuals,
comprising 34 right whale mortalities
and an additional 19 seriously injured
right whales rangewide (in Canadian
and U.S. waters). Of these 53 incidents,
nearly half (26) involved entanglement,
13 were due to vessel strikes, 13 were
either too decomposed or were not able
to be examined to determine a cause of
death, and one was a perinatal
mortality. During this period (2017–
2022), only 55 calves contributed to
population growth. Two additional
calves were observed but are not
included in this count: one was sighted
without a mother in the Canary Islands,
and another calf likely died before birth
(i.e., did not take a breath after
parturition).
One of the primary causes of mortality
and serious injury of North Atlantic
right whales is entanglement in fishing
gear. Climate change and associated
alterations in prey abundance and
distribution are exacerbating the
population decline by shifting the
overlap between right whales and
fisheries and by reducing the
population’s resilience to other
stressors. With mortalities and serious
injuries continuing to outpace births,
the population decline continues and
further mitigation of entanglements that
cause mortality or serious injury is
necessary for population recovery.
The MMPA mandates that NMFS
develop and implement Take Reduction
Plans for preventing the depletion and
assisting in the recovery of certain
marine mammal stocks that are killed or
seriously injured incidental to
commercial fisheries. Pursuant to the
MMPA, NMFS convenes Take
Reduction Teams composed of
stakeholders to develop
recommendations that achieve a shortterm goal of reducing mortalities and
serious injuries of marine mammals
covered by the Plan to a rate below each
stock’s PBR. NMFS considers those
recommendations when implementing
Take Reduction Plans through the
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rulemaking process. The Atlantic Large
Whale Take Reduction Team (Team)
was first convened in 1996 to
recommend measures to reduce
mortalities and serious injuries of right,
humpback, and fin whales incidental to
certain commercial fisheries. Since
1997, the Plan has been amended
several times to reduce the impacts of
fishing gear on large whales in U.S.
waters through measures that include
area closures, gear configuration
requirements, and gear marking. The
most recent final rule, published on
September 17, 2021 (86 FR 51970),
implemented modifications intended to
reduce mortalities and serious injuries
caused by entanglement in the
Northeast American lobster and Jonah
crab trap/pot fishery by up to 60
percent. The alternatives considered
were analyzed in a FEIS released on July
2, 2021 (86 FR 35288). The rulemaking
effort is sometimes referred to as the
‘‘Phase 1’’ risk reduction modifications.
In 2021, the Team convened to
address large whale mortalities and
serious injuries caused by
entanglements in the U.S. East Coast
gillnet, Atlantic mixed species trap/pot,
and mid-Atlantic lobster and Jonah crab
trap/pot fisheries (‘‘Phase 2’’ fisheries).
Scoping on measures to reduce the
impacts of these fisheries was
conducted from August 10, 2021
through October 21, 2021. Written and
verbal comments were collected during
seven virtual scoping meetings,
presentations to the fishery Councils
and Commission, three call-in days, and
via email.
After attending information webinars
in November 2021 and January,
February, March, and April 2022, the
Team reconvened in May 2022 to begin
development of recommendations for
modifications to the Plan regulations
related to these Phase 2 fisheries. The
Team reviewed new population
information showing that the
population decline is continuing at a
high rate, confirming that most right
whale mortalities are unseen, and
compelling greater risk reduction than
previously anticipated. The most recent
North Atlantic Right Whale Stock
Assessment Report reduced PBR to 0.7
(NMFS, 2021). In October 2021, the
Atlantic Scientific Review Group
(ASRG), recommended that NMFS
calculate the risk reduction target with
the total mortality estimates derived
from the population estimate outputs
suggesting that many more mortalities
occur unobserved than can be
accounted for by relying on observed
mortality (Pace et al., 2021). The ASRG
recommended that NMFS assume those
estimated but unseen mortalities be
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attributed to vessel strike or
entanglements as those are the cause of
nearly all observed mortalities. Finally
the ASRG recommended that NMFS
apply the most recent ratio of observed
vessel strike to entanglement serious
injuries and mortalities to the unseen
mortalities to estimate how many were
caused by entanglements each year. The
ASRG did not make a recommendation
about what portion of those mortalities
occurred in U.S. or Canadian waters.
For the 2021 rule and FEIS, we assumed
half of all incidents occurred in each
country but also provided additional
estimates based on country
apportionments with as many as 70
percent of incidents occurring in
Canada to show how robust the
estimated risk reduction needed to
achieve PBR are to this assumption.
Given how high total mortality is
relative to PBR and a few years with
higher confirmed Canadian incidents,
we recalculated risk reduction
according to the same range of country
apportionments (50:50, 60:40, and
70:30) and found a change in 20 percent
of the country apportionment resulted
in only a 5-percent difference in risk
reduction (89 to 94 percent). Applying
these assumptions, NMFS estimates that
to reduce right whale mortality and
serious injury caused by incidental
entanglement in U.S. commercial
fisheries to below PBR, a greater level of
risk reduction than originally
anticipated across all regulated fisheries
is necessary.
NMFS presented the new risk
reduction target to the team in a webinar
on November 2, 2021. The risk
reduction estimated to be necessary to
reduce mortality and serious injuries of
right whales in U.S. commercial
fisheries to below the PBR, as required
by the MMPA, has increased from a
minimum of 60 percent to at least a 90
percent risk reduction from the baseline
year of 2017. It is likely that additional
modifications to all of the fixed gear
trap/pot and gillnet fisheries regulated
under the Plan will be necessary to meet
the goals of the MMPA.
NMFS will open a scoping period to
gather additional public input on
further modifications to the Plan
including: (1) Northeast lobster and
Jonah crab trap/pot fishery; (2) MidAtlantic gillnet fisheries for monkfish,
spiny dogfish, smooth dogfish, bluefish,
weakfish, menhaden, spot, croaker,
striped bass, large and small coastal
sharks, Spanish mackerel, king
mackerel, American shad, black drum,
skate species, yellow perch, white
perch, herring, scup, kingfish, spotted
seatrout, and butterfish; (3) Northeast
sink gillnet fisheries for Atlantic cod,
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haddock, pollock, yellowtail flounder,
winter flounder, witch flounder,
American plaice, windowpane flounder,
spiny dogfish, monkfish, silver hake,
red hake, white hake, ocean pout, skate
spp., mackerel, redfish, and shad; (4)
Northeast drift gillnet fisheries for shad,
herring, mackerel, and menhaden and
any residual large pelagic driftnet effort
in New England; (5) Southeast Atlantic
gillnet fisheries for finfish, including,
but not limited to: king mackerel,
Spanish mackerel, whiting, bluefish,
pompano, spot, croaker, little tunny,
bonita, jack crevalle, cobia, and striped
mullet; (6) Southeast Atlantic shark
gillnet fisheries for large and small
coastal sharks, including but not limited
to blacktip, blacknose, finetooth,
bonnethead, and sharpnose sharks; (7)
Northeast anchored float gillnet fishery
for mackerel, herring (particularly for
bait), shad, and menhaden; (8) Atlantic
mixed species trap/pot fisheries for
hagfish, shrimp, conch/whelk, red crab,
Jonah crab, rock crab, black sea bass,
scup, tautog, cod, haddock, Pollock,
redfish (ocean perch), white hake, spot,
skate, catfish, stone crab, and cunner;
(9) mid-Atlantic trap/pot fisheries for
lobster and Jonah crab, and (10) Atlantic
trap/pot fishery for Atlantic blue crab.
Further information about the Plan
and the 2021–2022 Team meetings
where potential management measures
were discussed, including recordings of
all the informational webinars, can be
found on the Plan’s web page: https://
www.fisheries.noaa.gov/alwtrp.
Preliminary Description of Proposed
Action and Alternatives
NMFS will develop and analyze
suites of regulatory measures that would
modify existing Plan requirements to
reduce the risk of mortalities and
serious injuries of large whales in U.S.
fisheries caused by ongoing large whale
incidental entanglements. Plan
modifications are necessary to reduce
the mortality and serious injury of right
whales in U.S. East Coast gillnet and
trap/pot fisheries. In addition to the
status quo or no action alternative,
potential alternatives that the draft EIS
may analyze include measures that
would:
• Weaken ropes such as buoy lines in
these fisheries
• Reduce co-occurrence of this gear and
right whales by reducing the amount
of fishing gear in the water column
where right whales occur (closures to
buoy lines, reduction in the number
of buoy lines through trap or panel
limits, requiring fishing trawls or sets
with only one endline)
• Improve identification of the source of
entangling gear through increased
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gear marking such as applying larger
or more colored marks on buoy lines,
and/or inserting a ribbon with details
about the source fishery
• Restrain increased effort by
controlling latent effort, and
• Establish or modify seasonal hot-spot
management areas in which more
strict measures would be
implemented.
Ideas discussed by the Team for
gillnet fisheries include changing
configurations such as increasing the
minimum number of net panels per set
to reduce endline numbers, reducing the
number of buoy lines on a set of gillnet,
gear tending or daytime-only sets for
gillnets, installation of weak links at
panels and weak rope that breaks at
forces of less than 1,700 lb (771 kg),
establishing seasonal restricted areas,
dynamic management for some gillnet
fisheries, and expanding gear marking
requirements. Ideas discussed for trap/
pot fisheries include changing
configurations such as traps per trawl to
reduce buoy line numbers, requiring
only one endline in certain offshore
areas where weak rope is not feasible,
installation of weak inserts or ropes in
buoy lines to break at forces of less than
1,700 lb (771 kg), establishment or
modification of seasonal restricted
areas, and expansion of gear marking
requirements. NMFS requests input on
allowing specific groups, such as
Northeast Multispecies Sectors or state
fishery managers the latitude to develop
their own measures to meet
conservation targets.
NMFS is looking for information
specific to additional risk reduction in
all U.S. East Coast commercial gillnet
and trap/pot fisheries, including, but
not limited to, ways to reduce buoy
lines through line caps, trawling up,
trawls and sets limited to one buoy line,
net and trap reductions, or other
methods of achieving line reduction,
modifications to existing restricted
areas, new or expanded areas or seasons
to consider restricting fishing with
persistent buoy lines, opportunities for
dynamic management, and any
modifications to the weak line
requirements published on September
17, 2021 (86 FR 51970). Additional
feedback on ideas that were discussed
in previous scoping and comments on
earlier modifications is also invited.
Examples include, but are not limited
to, increasing the number of weak
inserts required to increase the chance
large whales will interact with a weak
section of rope and can break free
without injury, modifying start or end
dates of seasonal restricted areas, new or
expanded seasonal restricted areas,
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restricting fishing rope diameter to no
greater than 0.5 inch (1.27 cm) to
distinguish it from offshore Canadian
gear, submission of information on
latent effort, and the use of gear
identification tape.
We are also seeking feedback on the
inclusion of some measures that might
modify the regulations implemented
under the September 2021 Final Rule
apply to Northeast lobster and Jonah
crab in the Phase 2 rulemaking, such as
conservation equivalencies for weak
rope in the offshore Lobster
Management Area 3 fleet. As of July
2022, no operationally feasible large
diameter weak rope has been identified.
Input on an extension of the
Massachusetts Seasonal Restricted Area
into Federal waters (which was
implemented through an Emergency
Rule in 2022 (87 FR 11590, March 2,
2022) is also specifically requested.
Input is also welcome on information
about operational challenges, time, and
costs regarding restricted areas, gear
marking requirements, installation of
weak inserts or rope that breaks at forces
of less than 1,700 lb (771 kg), and the
use of one endline in offshore areas, the
use of grappling, acoustic releases of
buoys, timed release of buoys is also
requested. Given U.S. rulemaking
requirements, even dynamic
management procedures are likely to
take weeks to implement, however
information on whether dynamic
management should be considered is
also requested. Dynamic management
could include dynamically opening an
area if active monitoring does not
demonstrate that whales are present or
the implementation of a dynamic
closure if whales are documented.
Comments could include input on
whether acoustic detection can trigger
or maintain a closure, the number of
days fishermen would require to remove
all of their gear, how many whales
would trigger a closure and for how
long, whether in some areas closures
shift rather than remove risk. In
addition to input on the direct costs of
replacing new gear, input is requested
on indirect cost of gear modification
measure alternatives, such as potential
gear losses and catch reduction related
to weak rope, use of one endline, and
seasonal restricted areas. Information on
the value and the ecological and
economic benefits of whale
conservation is also requested.
NEPA (42 U.S.C. 4321 et seq.) requires
that Federal agencies prepare detailed
statements assessing the environmental
impact of and alternatives to major
Federal actions significantly affecting
the environment. NMFS has determined
that an EIS should be prepared under
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NEPA for the purpose of informing the
next phase of rulemaking to modify the
Plan. We will prepare an EIS in
accordance with NEPA requirements, as
amended (42 U.S.C. 4321 et seq.); NEPA
implementing regulations (40 CFR
1500–1508); and other Federal laws,
regulations, and policies. Reasonable
alternatives that are identified during
the scoping period will be evaluated in
the DEIS.
Summary of Expected Impacts
The DEIS will identify and describe
the potential effects of Plan
modifications on the human
environment, including the natural and
physical environment and the
relationship of people with that
environment, that are reasonably
foreseeable and have a reasonably close
causal relationship to the modifications.
This includes such effects that occur at
the same time and place as the
alternatives and such effects that are
later in time or occur in a different
place. The alternatives that will be
analyzed may include, but are not
limited to, modifications to
configurations of fishing gear,
modification to fishing seasons and/or
areas, and modifications to gear marking
requirements. Expected potential
impacts to commercial fishermen in the
above-mentioned fisheries may include,
but are not limited to, additional costs
and labor to modify gear configurations
and gear markings, labor costs
associated with increased time required
to retrieve gear under some gear
modifications, reduced profit due to
reduced catches associated gear
modifications or with seasonally
restricted access to fishing grounds.
Expected potential impacts to Atlantic
large whales include, but are not limited
to, reduced mortality and serious injury
due to a reduction in entanglement in
fishing gear or reduced severity of any
entanglements that do occur. Other
potential impacts may include, but are
not limited to, impacts (both beneficial
and adverse) to other marine life,
cultural resources, demographics,
employment, and economics. These
expected potential impacts will be
analyzed in the DEIS and FEIS.
Schedule for the Decision-Making
Process
After the DEIS is completed, NMFS
will publish a notice of availability
(NOA) and request public comments on
the DEIS. After the public comment
period ends, NMFS will review,
consider, and respond to comments
received and will develop the FEIS.
NMFS expects to make the FEIS
available to the public. A Record of
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Decision (ROD) will be completed no
sooner than 30 days after the final EIS
is released, in accordance with 40 CFR
1506.11.
Scoping Process: This Notice of Intent
(NOI) commences the public scoping
process for identifying additional issues
and potential alternatives to modify the
Plan to reduce mortalities and serious
injuries of large whales in U.S.
commercial fisheries to below PBR.
Throughout the scoping process,
Federal agencies, state, tribal, local
governments, and the general public
have the opportunity to help NMFS
determine reasonable alternatives and
potential measures to be analyzed in the
EIS, as well as to provide additional
information.
Everyone potentially impacted by or
interested in changes to the Plan, and
particularly in changes to management
of commercial trap/pot and gillnet
fisheries along the East Coast, is invited
to participate in the public scoping
process by submitting written input via
email or by giving oral input at the
scoping meeting. This scoping process
aims to gather input on the gillnet and
trap/pot fisheries regarding the scope of
actions to be proposed for rulemaking,
the development of alternatives to
analyze in the EIS, and the potential
impacts of management actions.
Information received through this
scoping process will inform the
development of alternative risk
reduction measures for an
environmental impact analysis on
modifications to the Plan. Only inputs
and suggestions that are within the
scope of the proposed actions will be
considered when developing the
alternatives for analysis in the EIS. This
includes items related to reducing risk
of mortality and serious injury of large
whales due to entanglements in
commercial U.S. fishing gear and
improving gear marking to reduce
uncertainty about where entanglements
occur. The purpose is to develop
measures to fulfill the requirements of
Section 118 of the MMPA, which
regulates the taking of marine mammals
incidental to U.S. commercial fishing
operations. NMFS implements
additional endangered species
conservation and recovery programs
under the ESA and also affords marine
mammals protections under multiple
programs pursuant to the MMPA.
Therefore, for the purposes of the
scoping period for the proposed action
discussed in this notice, we are not
requesting input related to other
stressors, such as vessel strikes,
anthropogenic noise, natural mortality,
international entanglement risk,
VerDate Sep<11>2014
18:57 Sep 08, 2022
Jkt 256001
offshore wind development, or climate
change.
To promote informed decisionmaking, input should be as specific as
possible and should provide as much
detail as necessary to allow a
commenter’s meaningful participation
and fully inform NMFS of the
commenter’s position. Input should
explain why the issues raised are
important to the consideration of
potential environmental impacts and
alternatives to the proposed action, as
well as economic and other impacts
affecting the quality of the human
environment.
It is important that reviewers provide
their input at such times and in such a
manner that they are useful to the
agency’s preparation of the EIS.
Comments should be provided prior to
the close of the scoping period and
should clearly articulate the reviewer’s
concerns and contentions. Input
received in response to this solicitation,
including names and addresses of those
who comment, will be part of the public
record for this proposed action
discussed in this notice. Input
submitted anonymously will be
accepted and considered.
References
Linden, D.W. and Pace III, R.M. 2021. A
multi-state mark-recapture-recovery
model to estimate rates of severe injury
and cause-specific mortality in North
Atlantic right whales. North Atlantic
Right Whale Consortium Annual
Meeting. October 26–27, 2021.
Hayes, S.A., Josephson, E., Maze-Foley, K.,
Rosel, P.E., & Turek, J. (2021). U.S.
Atlantic and Gulf of Mexico Marine
Mammal Stock Assessments 2020 (p.
403). Northeast Fisheries Science Center.
NMFS. 2021. U.S. Atlantic and Gulf of
Mexico Marine Mammal Stock
Assessments 2021 https://
media.fisheries.noaa.gov/2022-08/
NOAA-TM-AFSC-441.pdf
Pace III, R.M. May 2021. Revisions and
Further Evaluations of the Right Whale
Abundance Model: Improvements for
Hypothesis Testing. NOAA NEFSC Tech
Memo 269.
Pace, R.M., R. Williams, S.D. Kraus, A.R.
Knowlton, H.M. Pettis. 2021. Cryptic
mortality in North Atlantic right whales.
Conserv. Sci. Pract. 3:e346
Pace, R.M., III, P.J. Corkeron and S.D. Kraus.
2017. State-space mark-recapture
estimates reveal a recent decline in
abundance of North Atlantic right
whales. Ecol. and Evol. 7:8730–8741.
Pettis, H.M., Pace, R.M. III, Hamilton, P.K.
2022. North Atlantic Right Whale
Consortium 2021 Annual Report Card.
Report to the North Atlantic Right Whale
Consortium.
Authority: 42 U.S.C. 4321 et seq.; 31
U.S.C 1361 et seq.
PO 00000
Frm 00022
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Sfmt 4703
55409
Dated: September 1, 2022.
Catherine G. Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2022–19335 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC342]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Empire Wind Project
Offshore of New York
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
regulations and Letter of Authorization;
request for comments and information.
AGENCY:
NMFS has received a petition
from Empire Offshore Wind LLC
(Empire), a 50–50 partnership between
Equinor and BP, requesting
authorization to take small numbers of
marine mammals incidental to activities
associated with the Empire Wind
Project in a designated lease area on the
Outer Continental Shelf (OSC–A 0512)
offshore of New York state over the
course of 5 years beginning in 2024.
Equinor will be the operator through the
development, construction, and
operations phase of the project.
Pursuant to regulations implementing
the Marine Mammal Protection Act
(MMPA), NMFS is announcing receipt
of Empire’s request for the development
and implementation of regulations
governing the incidental taking of
marine mammals and issuance of a
Letter of Authorization (LOA). NMFS
invites the public to provide
information, suggestions, and comments
on Empire’s application and request.
DATES: Comments and information must
be received no later than October 11,
2022.
SUMMARY:
Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service and should be sent to
ITP.Pauline@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
ADDRESSES:
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55405-55409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19335]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RTID 0648-XB307
Notice of Intent To Prepare an Environmental Impact Statement on
Modifications to the Atlantic Large Whale Take Reduction Plan To Reduce
Mortality and Serious Injury of Large Whales in Commercial Trap/Pot and
Gillnet Fisheries Along the U.S. East Coast
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Intent to prepare an Environmental Impact Statement,
request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces an Environmental Impact Statement (EIS)
will be prepared in accordance with the National Environmental Policy
Act (NEPA) to analyze the impacts to the environment of alternatives to
amend the Atlantic Large Whale Take Reduction Plan (Plan). The National
Marine Fisheries Service (NMFS) intends to begin a rulemaking process
to amend the Plan to further reduce the risk of mortalities and serious
injuries of North Atlantic right whales (Eubalaena glacialis) and other
large whales caused by incidental entanglement in commercial trap/pot
and gillnet fisheries along the U.S. East Coast. This notice is
necessary to inform the public of NMFS's intent to prepare this EIS and
to provide the public with an opportunity to provide input for NMFS's
consideration.
DATES: Comments must be received by October 11, 2022.
Public Hearing: In addition to presentations at New England and Mid
Atlantic Fishery Management Council Meetings in September and October
[[Page 55406]]
2022, a virtual public scoping meeting will be held during the public
comment period. See ADDRESSES to obtain public meeting details.
ADDRESSES: You many submit comments on this Notice of Intent,
identified by NOAA-NMFS-2022-0091, by either of the following methods:
Electronic submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2022-0091 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: All comments received that are timely and properly
submitted are a part of the public record and may 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. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). 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 us.
Oral Comments: One remote public scoping meeting will be held
during the comment period. More information, including the date of the
public scoping meeting and remote access information, will be posted on
the Plan website, https://www.fisheries.noaa.gov/ALWTRP, or you may
contact Marisa Trego. (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Marisa Trego, Atlantic Large Whale
Take Reduction Team Coordinator, Greater Atlantic Region. Telephone:
978-282-8484. Address: 55 Great Republic Drive, Gloucester, MA 01930.
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Purpose and Need for Proposed Action
NMFS has determined that additional risk reduction is needed in all
East Coast gillnet and trap/pot fisheries regulated under the Plan to
meet the requirements of the Marine Mammal Protection Act (MMPA). This
notice informs the public of an opportunity to provide public input on
the next Plan modifications to reduce the risk of entanglement to
right, humpback, and fin whales from all U.S. East Coast commercial
trap/pot and gillnet fisheries.
A final rule implementing new modifications to reduce mortalities
and serious injuries caused by incidental entanglement in the Northeast
American lobster and Jonah crab trap/pot fishery was published on
September 17, 2021 (86 FR 51970) and analyzed in a Final Environmental
Impact Statement (FEIS) released on July 2, 2021 (86 FR 35288). These
Phase 1 Plan modifications were intended to achieve the minimum 60
percent target reduction in risk within the Northeast American lobster
and Jonah crab trap/pot fisheries at the time. Given new information
since the 2021 modifications were initiated, the risk reduction
estimated to be necessary to reduce mortality and serious injuries of
right whales in U.S. commercial fisheries to below the Population
Biological Removal level (PBR), as required by the MMPA, has increased
from 60 to 80 percent in 2019 to at least a 90 percent risk reduction
target. NMFS has been working with the Atlantic Large Whale Take
Reduction Team (Team) to develop recommendations addressing risk from
the U.S. East Coast gillnet, Atlantic mixed species trap/pot, and Mid-
Atlantic lobster and Jonah crab trap/pot fisheries, including some that
apply to Northeast lobster and Jonah crab trap/pot fishery. In a recent
summary judgment in the Center for Biological Diversity, et al., v.
Raimondo, et al., (Civ. No. 18-112 (D.D.C.)), the presiding judge ruled
that the 2021 Final Rule failed to satisfy the requirements of the
MMPA. Given that ruling and the updated 90 percent risk reduction
target, additional risk reduction will be necessary from all fixed gear
fisheries coastwide that are regulated under the Plan, as described
below.
NMFS plans to analyze alternatives through the development of a
Draft Environmental Impact Statement (DEIS) alongside a rulemaking to
modify the Plan to reduce mortalities and serious injuries from
incidental commercial fishing gear entanglements in all U.S. East Coast
commercial gillnet and trap/pot fisheries. NMFS' purpose for the
proposed action is to fulfill the mandates of the MMPA to reduce
incidental mortalities and serious injuries of large whales to below
each stock's PBR. This action is needed because the right whale
population is in steep decline, incidental entanglement in U.S.
commercial fisheries is one of the causes of serious injuries and
mortalities to right whales, and the estimated level of serious
injuries and mortalities in U.S. fisheries exceeds the level allowed
under the MMPA.
North Atlantic right whales are listed as endangered under the
Endangered Species Act (ESA) and considered depleted under the MMPA.
After more than two decades of an increasing trend, the population has
been declining since 2010 (Pace et al., 2017). The most recent
population estimate is fewer than 350 animals, which is well below the
optimum sustainable population (Pettis et al., 2022). The decline has
been exacerbated by an Unusual Mortality Event (UME) that began in
2017, when a total of 17 confirmed dead right whales were documented.
It is important to note that scientists estimate only about one-third
of mortalities are observed (Pace et al., 2021). As of August 2022, the
UME includes 53 documented individuals, comprising 34 right whale
mortalities and an additional 19 seriously injured right whales
rangewide (in Canadian and U.S. waters). Of these 53 incidents, nearly
half (26) involved entanglement, 13 were due to vessel strikes, 13 were
either too decomposed or were not able to be examined to determine a
cause of death, and one was a perinatal mortality. During this period
(2017-2022), only 55 calves contributed to population growth. Two
additional calves were observed but are not included in this count: one
was sighted without a mother in the Canary Islands, and another calf
likely died before birth (i.e., did not take a breath after
parturition).
One of the primary causes of mortality and serious injury of North
Atlantic right whales is entanglement in fishing gear. Climate change
and associated alterations in prey abundance and distribution are
exacerbating the population decline by shifting the overlap between
right whales and fisheries and by reducing the population's resilience
to other stressors. With mortalities and serious injuries continuing to
outpace births, the population decline continues and further mitigation
of entanglements that cause mortality or serious injury is necessary
for population recovery.
The MMPA mandates that NMFS develop and implement Take Reduction
Plans for preventing the depletion and assisting in the recovery of
certain marine mammal stocks that are killed or seriously injured
incidental to commercial fisheries. Pursuant to the MMPA, NMFS convenes
Take Reduction Teams composed of stakeholders to develop
recommendations that achieve a short-term goal of reducing mortalities
and serious injuries of marine mammals covered by the Plan to a rate
below each stock's PBR. NMFS considers those recommendations when
implementing Take Reduction Plans through the
[[Page 55407]]
rulemaking process. The Atlantic Large Whale Take Reduction Team (Team)
was first convened in 1996 to recommend measures to reduce mortalities
and serious injuries of right, humpback, and fin whales incidental to
certain commercial fisheries. Since 1997, the Plan has been amended
several times to reduce the impacts of fishing gear on large whales in
U.S. waters through measures that include area closures, gear
configuration requirements, and gear marking. The most recent final
rule, published on September 17, 2021 (86 FR 51970), implemented
modifications intended to reduce mortalities and serious injuries
caused by entanglement in the Northeast American lobster and Jonah crab
trap/pot fishery by up to 60 percent. The alternatives considered were
analyzed in a FEIS released on July 2, 2021 (86 FR 35288). The
rulemaking effort is sometimes referred to as the ``Phase 1'' risk
reduction modifications.
In 2021, the Team convened to address large whale mortalities and
serious injuries caused by entanglements in the U.S. East Coast
gillnet, Atlantic mixed species trap/pot, and mid-Atlantic lobster and
Jonah crab trap/pot fisheries (``Phase 2'' fisheries). Scoping on
measures to reduce the impacts of these fisheries was conducted from
August 10, 2021 through October 21, 2021. Written and verbal comments
were collected during seven virtual scoping meetings, presentations to
the fishery Councils and Commission, three call-in days, and via email.
After attending information webinars in November 2021 and January,
February, March, and April 2022, the Team reconvened in May 2022 to
begin development of recommendations for modifications to the Plan
regulations related to these Phase 2 fisheries. The Team reviewed new
population information showing that the population decline is
continuing at a high rate, confirming that most right whale mortalities
are unseen, and compelling greater risk reduction than previously
anticipated. The most recent North Atlantic Right Whale Stock
Assessment Report reduced PBR to 0.7 (NMFS, 2021). In October 2021, the
Atlantic Scientific Review Group (ASRG), recommended that NMFS
calculate the risk reduction target with the total mortality estimates
derived from the population estimate outputs suggesting that many more
mortalities occur unobserved than can be accounted for by relying on
observed mortality (Pace et al., 2021). The ASRG recommended that NMFS
assume those estimated but unseen mortalities be attributed to vessel
strike or entanglements as those are the cause of nearly all observed
mortalities. Finally the ASRG recommended that NMFS apply the most
recent ratio of observed vessel strike to entanglement serious injuries
and mortalities to the unseen mortalities to estimate how many were
caused by entanglements each year. The ASRG did not make a
recommendation about what portion of those mortalities occurred in U.S.
or Canadian waters. For the 2021 rule and FEIS, we assumed half of all
incidents occurred in each country but also provided additional
estimates based on country apportionments with as many as 70 percent of
incidents occurring in Canada to show how robust the estimated risk
reduction needed to achieve PBR are to this assumption. Given how high
total mortality is relative to PBR and a few years with higher
confirmed Canadian incidents, we recalculated risk reduction according
to the same range of country apportionments (50:50, 60:40, and 70:30)
and found a change in 20 percent of the country apportionment resulted
in only a 5-percent difference in risk reduction (89 to 94 percent).
Applying these assumptions, NMFS estimates that to reduce right whale
mortality and serious injury caused by incidental entanglement in U.S.
commercial fisheries to below PBR, a greater level of risk reduction
than originally anticipated across all regulated fisheries is
necessary.
NMFS presented the new risk reduction target to the team in a
webinar on November 2, 2021. The risk reduction estimated to be
necessary to reduce mortality and serious injuries of right whales in
U.S. commercial fisheries to below the PBR, as required by the MMPA,
has increased from a minimum of 60 percent to at least a 90 percent
risk reduction from the baseline year of 2017. It is likely that
additional modifications to all of the fixed gear trap/pot and gillnet
fisheries regulated under the Plan will be necessary to meet the goals
of the MMPA.
NMFS will open a scoping period to gather additional public input
on further modifications to the Plan including: (1) Northeast lobster
and Jonah crab trap/pot fishery; (2) Mid-Atlantic gillnet fisheries for
monkfish, spiny dogfish, smooth dogfish, bluefish, weakfish, menhaden,
spot, croaker, striped bass, large and small coastal sharks, Spanish
mackerel, king mackerel, American shad, black drum, skate species,
yellow perch, white perch, herring, scup, kingfish, spotted seatrout,
and butterfish; (3) Northeast sink gillnet fisheries for Atlantic cod,
haddock, pollock, yellowtail flounder, winter flounder, witch flounder,
American plaice, windowpane flounder, spiny dogfish, monkfish, silver
hake, red hake, white hake, ocean pout, skate spp., mackerel, redfish,
and shad; (4) Northeast drift gillnet fisheries for shad, herring,
mackerel, and menhaden and any residual large pelagic driftnet effort
in New England; (5) Southeast Atlantic gillnet fisheries for finfish,
including, but not limited to: king mackerel, Spanish mackerel,
whiting, bluefish, pompano, spot, croaker, little tunny, bonita, jack
crevalle, cobia, and striped mullet; (6) Southeast Atlantic shark
gillnet fisheries for large and small coastal sharks, including but not
limited to blacktip, blacknose, finetooth, bonnethead, and sharpnose
sharks; (7) Northeast anchored float gillnet fishery for mackerel,
herring (particularly for bait), shad, and menhaden; (8) Atlantic mixed
species trap/pot fisheries for hagfish, shrimp, conch/whelk, red crab,
Jonah crab, rock crab, black sea bass, scup, tautog, cod, haddock,
Pollock, redfish (ocean perch), white hake, spot, skate, catfish, stone
crab, and cunner; (9) mid-Atlantic trap/pot fisheries for lobster and
Jonah crab, and (10) Atlantic trap/pot fishery for Atlantic blue crab.
Further information about the Plan and the 2021-2022 Team meetings
where potential management measures were discussed, including
recordings of all the informational webinars, can be found on the
Plan's web page: https://www.fisheries.noaa.gov/alwtrp.
Preliminary Description of Proposed Action and Alternatives
NMFS will develop and analyze suites of regulatory measures that
would modify existing Plan requirements to reduce the risk of
mortalities and serious injuries of large whales in U.S. fisheries
caused by ongoing large whale incidental entanglements. Plan
modifications are necessary to reduce the mortality and serious injury
of right whales in U.S. East Coast gillnet and trap/pot fisheries. In
addition to the status quo or no action alternative, potential
alternatives that the draft EIS may analyze include measures that
would:
Weaken ropes such as buoy lines in these fisheries
Reduce co-occurrence of this gear and right whales by reducing
the amount of fishing gear in the water column where right whales occur
(closures to buoy lines, reduction in the number of buoy lines through
trap or panel limits, requiring fishing trawls or sets with only one
endline)
Improve identification of the source of entangling gear
through increased
[[Page 55408]]
gear marking such as applying larger or more colored marks on buoy
lines, and/or inserting a ribbon with details about the source fishery
Restrain increased effort by controlling latent effort, and
Establish or modify seasonal hot-spot management areas in
which more strict measures would be implemented.
Ideas discussed by the Team for gillnet fisheries include changing
configurations such as increasing the minimum number of net panels per
set to reduce endline numbers, reducing the number of buoy lines on a
set of gillnet, gear tending or daytime-only sets for gillnets,
installation of weak links at panels and weak rope that breaks at
forces of less than 1,700 lb (771 kg), establishing seasonal restricted
areas, dynamic management for some gillnet fisheries, and expanding
gear marking requirements. Ideas discussed for trap/pot fisheries
include changing configurations such as traps per trawl to reduce buoy
line numbers, requiring only one endline in certain offshore areas
where weak rope is not feasible, installation of weak inserts or ropes
in buoy lines to break at forces of less than 1,700 lb (771 kg),
establishment or modification of seasonal restricted areas, and
expansion of gear marking requirements. NMFS requests input on allowing
specific groups, such as Northeast Multispecies Sectors or state
fishery managers the latitude to develop their own measures to meet
conservation targets.
NMFS is looking for information specific to additional risk
reduction in all U.S. East Coast commercial gillnet and trap/pot
fisheries, including, but not limited to, ways to reduce buoy lines
through line caps, trawling up, trawls and sets limited to one buoy
line, net and trap reductions, or other methods of achieving line
reduction, modifications to existing restricted areas, new or expanded
areas or seasons to consider restricting fishing with persistent buoy
lines, opportunities for dynamic management, and any modifications to
the weak line requirements published on September 17, 2021 (86 FR
51970). Additional feedback on ideas that were discussed in previous
scoping and comments on earlier modifications is also invited. Examples
include, but are not limited to, increasing the number of weak inserts
required to increase the chance large whales will interact with a weak
section of rope and can break free without injury, modifying start or
end dates of seasonal restricted areas, new or expanded seasonal
restricted areas, restricting fishing rope diameter to no greater than
0.5 inch (1.27 cm) to distinguish it from offshore Canadian gear,
submission of information on latent effort, and the use of gear
identification tape.
We are also seeking feedback on the inclusion of some measures that
might modify the regulations implemented under the September 2021 Final
Rule apply to Northeast lobster and Jonah crab in the Phase 2
rulemaking, such as conservation equivalencies for weak rope in the
offshore Lobster Management Area 3 fleet. As of July 2022, no
operationally feasible large diameter weak rope has been identified.
Input on an extension of the Massachusetts Seasonal Restricted Area
into Federal waters (which was implemented through an Emergency Rule in
2022 (87 FR 11590, March 2, 2022) is also specifically requested.
Input is also welcome on information about operational challenges,
time, and costs regarding restricted areas, gear marking requirements,
installation of weak inserts or rope that breaks at forces of less than
1,700 lb (771 kg), and the use of one endline in offshore areas, the
use of grappling, acoustic releases of buoys, timed release of buoys is
also requested. Given U.S. rulemaking requirements, even dynamic
management procedures are likely to take weeks to implement, however
information on whether dynamic management should be considered is also
requested. Dynamic management could include dynamically opening an area
if active monitoring does not demonstrate that whales are present or
the implementation of a dynamic closure if whales are documented.
Comments could include input on whether acoustic detection can trigger
or maintain a closure, the number of days fishermen would require to
remove all of their gear, how many whales would trigger a closure and
for how long, whether in some areas closures shift rather than remove
risk. In addition to input on the direct costs of replacing new gear,
input is requested on indirect cost of gear modification measure
alternatives, such as potential gear losses and catch reduction related
to weak rope, use of one endline, and seasonal restricted areas.
Information on the value and the ecological and economic benefits of
whale conservation is also requested.
NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies
prepare detailed statements assessing the environmental impact of and
alternatives to major Federal actions significantly affecting the
environment. NMFS has determined that an EIS should be prepared under
NEPA for the purpose of informing the next phase of rulemaking to
modify the Plan. We will prepare an EIS in accordance with NEPA
requirements, as amended (42 U.S.C. 4321 et seq.); NEPA implementing
regulations (40 CFR 1500-1508); and other Federal laws, regulations,
and policies. Reasonable alternatives that are identified during the
scoping period will be evaluated in the DEIS.
Summary of Expected Impacts
The DEIS will identify and describe the potential effects of Plan
modifications on the human environment, including the natural and
physical environment and the relationship of people with that
environment, that are reasonably foreseeable and have a reasonably
close causal relationship to the modifications. This includes such
effects that occur at the same time and place as the alternatives and
such effects that are later in time or occur in a different place. The
alternatives that will be analyzed may include, but are not limited to,
modifications to configurations of fishing gear, modification to
fishing seasons and/or areas, and modifications to gear marking
requirements. Expected potential impacts to commercial fishermen in the
above-mentioned fisheries may include, but are not limited to,
additional costs and labor to modify gear configurations and gear
markings, labor costs associated with increased time required to
retrieve gear under some gear modifications, reduced profit due to
reduced catches associated gear modifications or with seasonally
restricted access to fishing grounds. Expected potential impacts to
Atlantic large whales include, but are not limited to, reduced
mortality and serious injury due to a reduction in entanglement in
fishing gear or reduced severity of any entanglements that do occur.
Other potential impacts may include, but are not limited to, impacts
(both beneficial and adverse) to other marine life, cultural resources,
demographics, employment, and economics. These expected potential
impacts will be analyzed in the DEIS and FEIS.
Schedule for the Decision-Making Process
After the DEIS is completed, NMFS will publish a notice of
availability (NOA) and request public comments on the DEIS. After the
public comment period ends, NMFS will review, consider, and respond to
comments received and will develop the FEIS. NMFS expects to make the
FEIS available to the public. A Record of
[[Page 55409]]
Decision (ROD) will be completed no sooner than 30 days after the final
EIS is released, in accordance with 40 CFR 1506.11.
Scoping Process: This Notice of Intent (NOI) commences the public
scoping process for identifying additional issues and potential
alternatives to modify the Plan to reduce mortalities and serious
injuries of large whales in U.S. commercial fisheries to below PBR.
Throughout the scoping process, Federal agencies, state, tribal, local
governments, and the general public have the opportunity to help NMFS
determine reasonable alternatives and potential measures to be analyzed
in the EIS, as well as to provide additional information.
Everyone potentially impacted by or interested in changes to the
Plan, and particularly in changes to management of commercial trap/pot
and gillnet fisheries along the East Coast, is invited to participate
in the public scoping process by submitting written input via email or
by giving oral input at the scoping meeting. This scoping process aims
to gather input on the gillnet and trap/pot fisheries regarding the
scope of actions to be proposed for rulemaking, the development of
alternatives to analyze in the EIS, and the potential impacts of
management actions.
Information received through this scoping process will inform the
development of alternative risk reduction measures for an environmental
impact analysis on modifications to the Plan. Only inputs and
suggestions that are within the scope of the proposed actions will be
considered when developing the alternatives for analysis in the EIS.
This includes items related to reducing risk of mortality and serious
injury of large whales due to entanglements in commercial U.S. fishing
gear and improving gear marking to reduce uncertainty about where
entanglements occur. The purpose is to develop measures to fulfill the
requirements of Section 118 of the MMPA, which regulates the taking of
marine mammals incidental to U.S. commercial fishing operations. NMFS
implements additional endangered species conservation and recovery
programs under the ESA and also affords marine mammals protections
under multiple programs pursuant to the MMPA. Therefore, for the
purposes of the scoping period for the proposed action discussed in
this notice, we are not requesting input related to other stressors,
such as vessel strikes, anthropogenic noise, natural mortality,
international entanglement risk, offshore wind development, or climate
change.
To promote informed decision-making, input should be as specific as
possible and should provide as much detail as necessary to allow a
commenter's meaningful participation and fully inform NMFS of the
commenter's position. Input should explain why the issues raised are
important to the consideration of potential environmental impacts and
alternatives to the proposed action, as well as economic and other
impacts affecting the quality of the human environment.
It is important that reviewers provide their input at such times
and in such a manner that they are useful to the agency's preparation
of the EIS. Comments should be provided prior to the close of the
scoping period and should clearly articulate the reviewer's concerns
and contentions. Input received in response to this solicitation,
including names and addresses of those who comment, will be part of the
public record for this proposed action discussed in this notice. Input
submitted anonymously will be accepted and considered.
References
Linden, D.W. and Pace III, R.M. 2021. A multi-state mark-recapture-
recovery model to estimate rates of severe injury and cause-specific
mortality in North Atlantic right whales. North Atlantic Right Whale
Consortium Annual Meeting. October 26-27, 2021.
Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., & Turek, J.
(2021). U.S. Atlantic and Gulf of Mexico Marine Mammal Stock
Assessments 2020 (p. 403). Northeast Fisheries Science Center.
NMFS. 2021. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock
Assessments 2021 https://media.fisheries.noaa.gov/2022-08/NOAA-TM-AFSC-441.pdf
Pace III, R.M. May 2021. Revisions and Further Evaluations of the
Right Whale Abundance Model: Improvements for Hypothesis Testing.
NOAA NEFSC Tech Memo 269.
Pace, R.M., R. Williams, S.D. Kraus, A.R. Knowlton, H.M. Pettis.
2021. Cryptic mortality in North Atlantic right whales. Conserv.
Sci. Pract. 3:e346
Pace, R.M., III, P.J. Corkeron and S.D. Kraus. 2017. State-space
mark-recapture estimates reveal a recent decline in abundance of
North Atlantic right whales. Ecol. and Evol. 7:8730-8741.
Pettis, H.M., Pace, R.M. III, Hamilton, P.K. 2022. North Atlantic
Right Whale Consortium 2021 Annual Report Card. Report to the North
Atlantic Right Whale Consortium.
Authority: 42 U.S.C. 4321 et seq.; 31 U.S.C 1361 et seq.
Dated: September 1, 2022.
Catherine G. Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2022-19335 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-22-P