30396 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules

BILLING CODE 4310–55–C

Dated: May 30, 2001.

Marshall P. Jones Jr.,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

(Proposed: Designation of critical

habitat for the Oa`hu e`lepaio

(Chasiempis sandwichensis ibidis))

[FR Doc. 01–14171 Filed 6–5–01; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[I.D. 053001D]

Groundfish Fisheries of the Bering Sea

and Aleutian Islands Area and the Gulf

of Alaska, King and Tanner Crab

Fisheries in the Bering Sea/Aleutian

Islands, Scallop and Salmon Fisheries

off the Coast of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of intent to prepare a

supplemental environmental impact

statement (SEIS); request for written

comments; notice of scoping meetings.

SUMMARY: NMFS announces its intent to

prepare an SEIS in accordance with the

National Environmental Policy Act of

1969 (NEPA) for the essential fish

habitat (EFH) components of the

following fishery management plans

(FMPs): Groundfish Fishery of the

Bering Sea and Aleutian Islands Area;

Groundfish of the Gulf of Alaska; Bering

Sea/Aleutian Islands King and Tanner

Crabs; Scallop Fishery Off Alaska; and

Salmon Fisheries in the EEZ Off the

Coast of Alaska. The proposed action to

be addressed in the SEIS is the

development of the mandatory EFH

provisions of the FMPs. The scope of

the analysis will address the required

EFH components of the FMPs as

described in section 303(a)(7) of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). NMFS will

hold public scoping meetings and

accept written comments to determine

the issues of concern and the

appropriate range of management

alternatives to be addressed in the SEIS

to describe and identify EFH and

potential Habitat Area of Particular

Concern (HAPC) designations, to

minimize to the extent practicable the

adverse effects of fishing on EFH, and to

identify other actions to encourage the

conservation and enhancement of EFH.

DATES: Written comments will be

accepted through July 21, 2001. The first

public scoping meeting will be held on

Monday, June 4, 2001, in Kodiak, AK.

See SUPPLEMENTARY INFORMATION for

dates, times, and locations of additional

public scoping meetings.

ADDRESSES: Written comments should

be sent to P. Michael Payne, Assistant

Regional Administrator, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802. Comments may be sent via

facsimile (fax) to (907) 586–7012. NMFS

will not accept comments by e-mail or

Internet. See SUPPLEMENTARY

INFORMATION for dates, times, and

locations of public scoping meetings.

FOR FURTHER INFORMATION CONTACT:

Cindy Hartmann, EFH Coordinator,

Juneau, AK, (907) 586–7235.

SUPPLEMENTARY INFORMATION:

Amendments to the Magnuson-Stevens

Act in 1996 set forth new mandates for

NMFS and Regional Fishery

Management Councils (Regional

Councils) to identify and protect

important marine and anadromous fish

habitat. The Regional Councils, with

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules 30397

assistance from NMFS, were required to

delineate EFH for all managed species.

EFH is defined in the MagnusonStevens Act as ‘‘...those waters and

substrate necessary to fish for spawning,

breeding, feeding, or growth to

maturity.’’ In response to the amended

Magnuson-Stevens Act and based on

guidelines for the EFH contents of FMPs

(50 CFR part 600 subpart J), the North

Pacific Fishery Management Council

(Council) completed preparation of the

following five EFH FMP amendments in

1998: Amendment 55 to the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands Area; Amendment 55 to the

FMP for Groundfish of the Gulf of

Alaska; Amendment 8 to the FMP for

the King and Tanner Crab Fisheries in

the Bering Sea/Aleutian Islands;

Amendment 5 to the FMP for Scallop

Fisheries Off Alaska; and Amendment 5

to the FMP for the Salmon Fisheries in

the EEZ Off the Coast of Alaska

(Amendments 55/55/8/5/5). These EFH

FMP amendments were reviewed and

approved by the Secretary of Commerce

and took effect on January 20, 1999 (64

FR 20216). These FMP amendments

identified EFH for over 130 managed

species.

In June 1999, several environmental

and fishing groups challenged the scope

and substance of the environmental

assessment (EA) prepared for

Amendments 55/55/8/5/5 (American

Oceans Campaign et al. v. Daley, Civ.

No. 99-982 (D.D.C.)). On September 14,

2000, the U.S. District Court issued an

opinion finding the EA insufficient in

scope and analytical substance and

requiring NMFS to prepare an analysis

that is legally sufficient under NEPA.

Therefore, NMFS is re-evaluating the

EFH components originally developed

as part of Amendments 55/55/8/5/5.

The SEIS will supersede the EA

previously prepared in support of

Amendments 55/55/8/5/5.

The proposed action to be addressed

in the SEIS is the development of the

mandatory EFH provisions of the

affected FMPs as described in section

303(a)(7) of the Magnuson-Stevens Act

and based on the guidance in 50 CFR

part 600 subpart J. The following three

types of actions will be specifically

analyzed: (1) Identify and describe EFH

for managed species; (2) identify HAPCs

within EFH; and (3) minimize, to the

extent practicable, adverse effects on

EFH caused by fishing. The scope of the

new SEIS will cover all of the required

EFH components of FMPs. NMFS will

consider the need to revise the

previously approved EFH provisions of

these FMPs based on any available new

scientific information, and the revised

analysis of EFH alternatives.

The EA prepared for Amendments 55/

55/8/5/5 covered all five FMPs. For this

new NEPA analysis, a single SEIS may

be prepared that analyzes the required

EFH components for all five FMPs or

multiple SEISs may be prepared that

analyze the required EFH components

for individual FMPs.

Alternatives

NMFS will evaluate a range of

alternatives for developing mandatory

EFH provisions for the Council’s five

FMPs. NMFS is seeking information

from the public through the scoping

process on the range of alternatives to be

analyzed and on the environmental,

social, and economic issues to consider

in the analysis. Alternatives will be

developed based on significant issues

raised during the scoping process.

Alternatives for Designation of EFH

Alternatives for the designation of

EFH may include those identified in the

EA for Amendments 55/55/8/5/5, plus

additional alternatives. Alternatives

already identified include: (1) No action

(no designation of EFH); (2) EFH is all

habitat within a general distribution for

a species life stage; and (3) EFH is a

subset of all habitat within a general

distribution, e.g., areas of known

concentration. Other possible EFH

alternatives could include a habitatbased approach, a core habitat approach

(comparable to critical habitat for

endangered species), and an ecosystem

approach that may address prey and

reproductive associations.

Alternatives for Designation of HAPCs

HAPCs are subsets of EFH. HAPCs are

those areas of special importance that

may require additional protection from

adverse effects. HAPCs are defined on

the basis of the ecological importance,

sensitivity to human-induced

environmental degradation, stress to the

habitat from development activities, and

rarity of the habitat. Amendments 55/

55/8/5/5 identified 3 types of habitat as

HAPCs (living substrates in shallow

water, living substrates in deep waters,

and freshwater areas used by

anadromous fish) but did not map or

designate specific areas as HAPCs. In

August 1998, the Council received 6

proposals concerning HAPCs. The

proposals included the following: (1)

Identifying where living substrate in

shallow water and deep water occur in

the BSAI and GOA; (2) adding

seamounts/pinnacles, ice edge, shelf

break, and biologically consolidated

fine-grained sediments as types of

HAPC; (3) developing a procedure to

assess potential adverse impacts to

HAPCs; (4) nominating Prince William

Sound black hole, Chirikov Basin, and

Kodiak red king crab areas as HAPCs;

(5) protecting important habitat for C.

bairdi crab by establishing a no-fishing

zone in a specified area of the Bering

Sea; and (6) establishing the Kodiak red

king crab areas as an HAPC. These

proposals and/or others may be

investigated as part of the EFH SEIS.

An HAPC EA prepared by Council

staff in 2000 considered protection

measures for corals and sponges.

Specific areas were proposed for

protection and stakeholder meetings

were held. Currently, no specific actions

from these meetings are being evaluated.

An HAPC alternative to protect corals

and sponges is possible in the SEIS.

Alternatives for Effects of Fishing on

EFH

The alternatives analysis will identify

a range of approaches that could be

taken to minimize any potential adverse

effects of fishing on EFH. The range of

alternatives may include measures such

as banning specific gear types, closing

areas to fishing, rotational closure areas,

protected areas or other measures. A noaction alternative will be included as an

alternative. The range of alternatives

will be developed based on comments

NMFS receives during the scoping

process.

Public Involvement

NMFS will work with the Council

throughout the development of the

SEIS. The Council has formed an EFH

Oversight Committee that will help keep

the Council an integral part of the NEPA

process for EFH. Council staff will assist

in the development of the SEIS. The

public will be able to provide oral and

written comments on EFH at Council

meetings.

A principal objective of the scoping

and public involvement process is to

identify a reasonable range of

management alternatives that, with

adequate analysis, will delineate critical

issues and provide a clear basis for both

distinguishing between those

alternatives and selecting a preferred

alternative. NMFS is seeking written

comments on the scope of issues that

should be addressed in the SEIS. Also,

NMFS invites specific comment on the

appropriate extent of EFH and HAPCs

for Council-managed species and on the

scientific basis for EFH and HAPC

designations. NMFS also solicits any

new information related to the impacts

of fishing and non-fishing activities on

EFH and HAPCs for fishery resources

managed under the Council’s FMPs and

possible management measures

30398 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules

designed to mitigate adverse fishing

impacts.

Dates and Times for Public Scoping

Meetings

The public is invited to assist NMFS

and the Council in developing the scope

of alternatives to be analyzed. The first

public scoping meeting will be held on:

Monday, June 4, 2001, from 7-9 p.m., at

the Fishery Industrial Technology

Center, 118 Trident Way, Kodiak, AK.

Additional scoping meetings will be

held in other communities as follows:

1. Friday, June 8, 2001, Unalaska, City

Hall, Council Chambers, 245 Raven

Way, 4 to 8 p.m., Unalaska, AK;

2. Monday, June 11, 2001, Anchorage,

Z. J. Loussac Library, public conference

room, level 1, 3600 Denali Street, 2:30

to 6:30 p.m., Anchorage, AK;

3. Tuesday, June 19, 2001, Seattle,

Alaska Fisheries Science Center, room

2079, 7600 Sand Point Way NE, 1:30 to

5:30 p.m., Seattle, WA;

4. Wednesday, June 20, 2001, Juneau,

Federal Building, room 445, 709 W. 9th

Street, 2 to 5:30 p.m. and Centennial

Hall Convention Center, Egan Room,

101 Egan Drive, 7 to 9 p.m., Juneau, AK;

and

5. Thursday, June 21, 2001, Sitka,

Harrigan Centennial Hall, Maksoutoff

Room, 330 Harbor Drive, 2 to 5:30 and

7 to 9 p.m., Sitka, AK.

Special Accommodations

These meetings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to Cindy Hartmann

(see ADDRESSES), (907) 586–7585, at

least 5 days prior to the meeting date.

Authority: 16 U.S.C. 1801 et. seq.

Dated: May 31, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–14258 Filed 6–1–01; 4:52 pm]

BILLING CODE 3510–22–S