Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules 46749 

proposal had a 60-day comment period, 

ending December 5, 2016. We also 

solicited and received independent 

scientific review of the information 

contained in the proposed rule from 

peer reviewers with expertise in the 

Louisiana pinesnake or similar species, 

in accordance with our July 1, 1994, 

peer review policy (59 FR 34270). For a 

description of previous Federal actions 

concerning the Louisiana pinesnake, 

please refer to the proposed listing rule. 

Section 4(b)(6) of the Act and its 

implementing regulations at 50 CFR 

424.17(a) require that we take one of 

three actions within 1 year of a 

proposed listing and concurrent 

proposed designation of critical habitat: 

(1) Finalize the proposed rule; (2) 

withdraw the proposed rule; or (3) 

extend the final determination by not 

more than 6 months, if there is 

substantial disagreement regarding the 

sufficiency or accuracy of the available 

data relevant to the determination. 

Since the publication of the October 

6, 2016, proposed listing rule (81 FR 

69454), there has been substantial 

disagreement regarding available 

information related to the interpretation 

of the available survey data used to 

determine the Louisiana pinesnake’s 

status and trends. Specifically, during 

the public comment period, we received 

multiple comments on the proposed 

listing and the sufficiency or accuracy of 

the available data used to support it. In 

particular, the comments reflected 

significant disagreement, including from 

one of the peer reviewers, regarding the 

interpretation of the available data used 

to determine the Louisiana pinesnake’s 

status and trends, including the current 

conservation status of the Louisiana 

pinesnake in Louisiana and, 

particularly, in Texas. Therefore, in 

consideration of these disagreements, 

we have determined that a 6-month 

extension of the final determination for 

this rulemaking is necessary, and we are 

hereby extending the final 

determination for 6 months in order to 

solicit and consider additional 

information that will help to clarify 

these issues and to fully analyze data 

that are relevant to our final listing 

determination. With this 6-month 

extension, we will make a final 

determination on the proposed rule no 

later than April 6, 2018. 

Information Requested 

We will accept written comments and 

information during this reopened 

comment period on our proposed listing 

rule. We will consider information and 

recommendations from all interested 

parties. We intend that any final action 

resulting from the proposal be as 

accurate as possible and based on the 

best available scientific and commercial 

data. 

We are particularly interested in new 

information and comments regarding: 

(1) The interpretation of scientific 

literature in the proposed rulemaking, 

and whether we overlooked any 

scientific literature in our analysis. In 

particular, some commenters expressed 

concern that there is insufficient 

scientific information (survey data in 

particular) to adequately assess the 

conservation status of the species, while 

others expressed concern that the 

available scientific information supports 

an endangered determination. 

(2) Additional survey information, 

including maps, throughout the 

Louisiana pinesnake’s range, especially 

for Texas. 

(3) Trapping results to determine the 

Louisiana pinesnake’s estimated 

occupied habitat areas (EOHAs). During 

the peer review period, peer reviewers 

were critical of methods used to 

determine EOHAs and questioned the 

interpretation that resulted from our 

analysis. 

If you previously submitted 

comments or information on the 

October 6, 2016, proposed rule (81 FR 

69454), please do not resubmit them. 

We have incorporated previously 

submitted comments into the public 

record, and we will fully consider them 

in the preparation of our final 

determination. Our final determination 

concerning the proposed listing will 

take into consideration all written 

comments and any additional 

information we receive. 

You may submit your comments and 

materials concerning the proposed rule 

by one of the methods listed in 

ADDRESSES, above. We request that you 

send comments only by the methods 

described in ADDRESSES. 

If you submit information via http:// 

www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the Web site. If your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy submissions 

on http://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing the proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Louisiana Ecological Services 

Office (see FOR FURTHER INFORMATION

CONTACT). 

Authority: The authority for this action is 

the Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: August 30, 2017. 

James W. Kurth, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2017–21591 Filed 10–5–17; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

RIN 0648–BF82 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Essential 

Fish Habitat 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

management plan amendment; request 

for comments. 

SUMMARY: The New England Fishery 

Management Council has submitted the 

Omnibus Essential Fish Habitat 

Amendment 2, incorporating an 

Environmental Impact Statement, for 

review by the Secretary of Commerce. 

NMFS is requesting comments from the 

public on the Omnibus Amendment, 

which was developed by the Council to 

revise the essential fish habitat 

designations for each Council-managed 

species, designate Habitat Areas of 

Particular Concern, revise the system of 

essential fish habitat management areas, 

address seasonal groundfish spawning 

spatial management, establish Dedicated 

Habitat Research Areas, and identify 

actions that can be modified by 

framework and other administrative 

concerns relating to the Amendment. 

The intended effect of this action is to 

ensure the Council’s fishery 

management plans comply with the 

Magnuson-Stevens Fishery 

Conservation and Management Act’s 

requirements to routinely review and 

update essential fish habitat 

designations and to continue to 

minimize to the extent practicable the 

adverse effects of fishing on such 

designated habitat. 

DATES: Public comments must be 

received on or before December 5, 2017. 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
46750 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0123, 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-2017-0123 click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

John K. Bullard, Regional 

Administrator, NMFS, Greater Atlantic 

Regional Fisheries Office, 55 Great 

Republic Drive, Gloucester, MA 01930. 

Mark the outside of the envelope: 

‘‘Comments on Omnibus EFH 

Amendment.’’ 

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 commenter 

may 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. 

Copies of the Omnibus Amendment, 

including its Environmental Impact 

Statement, preliminary Regulatory 

Impact Review, and Initial Regulatory 

Flexibility Analysis (EIS/RIR/IRFA), are 

available from the New England Fishery 

Management Council, 50 Water Street, 

Newburyport, MA 01950. The EIS/RIR/ 

IRFA is also accessible via the Internet 

at: www.greater

atlantic.fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Moira Kelly, Senior Fishery Program 

Specialist, (978) 281–9218; fax: (978) 

281–9135, Moira.Kelly@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Omnibus Essential Fish Habitat 

Amendment 2 (Omnibus EFH 

Amendment) was initiated to review 

and update the essential fish habitat 

(EFH) designations, the habitat area of 

particular concern (HAPC) designations, 

and the habitat-related spatial 

management program for the New 

England Fishery Management Council’s 

suite of fishery management plans 

(FMP). Omnibus EFH Amendment was 

developed over several years, with the 

first half dedicated to updating the EFH 

designations and consideration of 

HAPCs. The remainder of the 

development was focused on revising 

the system of year-round closed areas, 

which restrict some types of fishing gear 

in order to protect vulnerable habitat 

and establish a system of Dedicated 

Habitat Research Areas (DHRAs). Prior 

to consideration of management area 

changes, the Council determined it was 

important to consider revisions to the 

year-round groundfish closures together 

because of the substantial overlap with 

the habitat management closures. 

The Council established 10 goals and 

14 objectives to guide the development 

of this action. Goals 1–8 were 

established in 2004, at the onset of the 

Amendment’s development, and focus 

on identification of EFH, fishing and 

non-fishing activities that may adversely 

affect EFH, and the development of 

measures and management programs to 

conserve, protect, and enhance EFH and 

to minimize to the extent practicable the 

adverse effects of fishing on EFH. The 

additional goals (9 and 10) were 

developed after the Council voted to 

incorporate revision of the groundfish 

closures in the Amendment. These goals 

are focused on enhancing groundfish 

productivity and maximizing the 

societal net benefits from groundfish. 

The 14 objectives map to 1 or more of 

the Amendment’s goals and provide 

more specific guidance on how to 

achieve that goal. For example, the 

objectives include identifying new data 

sources upon which to base the EFH 

designations (Objective A), developing 

analytical tools for EFH designation, 

minimization of adverse impacts, and 

monitoring the effectiveness of 

measures (Objective D; Goals 1, 3, and 

5). Other objectives include modifying 

fishing methods to reduce impacts 

(Objective E; Goal 4), supporting the 

restoration of degraded habitat 

(Objective F; Goal 4), improved 

groundfish spawning protection, 

including protection of localized 

spawning contingents, and improved 

protection of critical groundfish habitats 

(Goals 9 and 10). Please see Volume 1, 

Section 3 of the in the EIS for more 

details on the goals and objectives of 

this Amendment. 

Proposed Measures 

1. Essential Fish Habitat Designations 

The Council proposes to update the 

EFH designations for all species and all 

life stages for which more recent 

information is available. EFH is defined 

as those waters and substrate necessary 

to fish for spawning, breeding, feeding, 

or growth to maturity. EFH designations 

consist of two complementary elements, 

the text descriptions, and the map 

representations. Any specific area is 

only considered EFH if it is displayed 

in the EFH map and meets the 

conditions defined in the text 

description. Thus, the two components 

of EFH must be used in conjunction 

with one another when applying EFH 

designations to fishery management, 

EFH consultation, or other questions. 

A full description of the updated 

designations, including maps of the 

designations, can be found in Volume 2 

of the EIS. In addition, a thorough 

discussion of the methods and 

approaches used to assemble the 

designations is provided in the EIS. The 

quality and quantity of information 

varied by species, so a single approach 

for all Council-managed species and 

lifestage is not possible. The Council 

relied upon the best available scientific 

information for each species. 

2. Habitat Areas of Particular Concern 

Habitat Areas of Particular Concern 

(HAPC) are intended to highlight 

specific areas of EFH that require 

additional consideration. HAPC 

designations should be based on one or 

more of the following criteria: (1) The 

importance of the ecological function 

provided by the habitat, including both 

the historical and current ecological 

function; (2) the extent to which the 

habitat is sensitive to human-induced 

environmental degradation; (3) whether, 

and to what extent, development 

activities are, or will be, stressing the 

habitat type; and (4) the rarity of the 

habitat type (50 CFR 600.815(a)(8)). The 

Council considered proposals from the 

public using additional criteria in 

designating HAPCs, including whether 

the designation would improve fisheries 

management in the exclusive economic 

zone, include EFH for more than one 

Council-managed species, include 

juvenile cod EFH, and meet more than 

one of the regulatory HAPC criteria 

listed above. Discussion of the areas 

considered and the eight criteria listed 

above can be found in Volume 2 of the 

EIS. 

The Council is recommending that the 

current Atlantic Salmon HAPC and the 

Northern Edge Juvenile Cod HAPC 

remain as designated because they 

continue to meet the criteria listed 

above. In addition, the Council is 

recommending the following areas as 

new HAPCs: Inshore Juvenile Cod 

HAPC; Great South Channel Juvenile 

Cod HAPC; Cashes Ledge HAPC; 

Jeffreys Ledge/Stellwagen Bank HAPC; 

Bear and Retriever Seamounts; and 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules 46751 

eleven canyon/canyon complexes 

(Heezen; Lydonia, Gilbert, and 

Oceanographers; Hydrographer; Veatch; 

Alvin, and Atlantis; Hudson; Toms, 

Middle Toms, and Hendrickson; 

Wilmington; Baltimore; Washington; 

and Norfolk). Maps and coordinates for 

the HAPC designations can be found in 

Volume 2 of the EIS. 

3. Spatial Management for Adverse 

Effects Minimization 

The Magnuson-Stevens Act requires 

that fishery management plans evaluate 

and minimize, to the extent practicable, 

the adverse effects of fishing on 

designated EFH. The evaluation should 

consider the effects of each fishing 

activity on each type of habitat found 

with EFH. Councils must prevent, 

mitigate, or minimize any adverse 

effects from fishing on EFH, to the 

extent practicable, if there is evidence 

that a fishing activity adversely affects 

EFH in a manner that is more than 

minimal and not temporary in nature. 

To that end, the Council is 

recommending the following habitat 

management areas (HMA) and 

restrictions. Full descriptions, including 

maps and coordinates of the Council’s 

recommendations, can be found in 

Volume 3 of the EIS. 

In the Eastern Gulf of Maine, the 

Council recommends establishing the 

Small Eastern Maine HMA, closed to all 

mobile bottom-tending gears. 

In the Central Gulf of Maine, the 

Council recommends maintaining the 

existing Cashes Ledge Groundfish 

Closure Area, with its current fishing 

restrictions and exemptions; modifying 

the existing Jeffreys Bank and Cashes 

Ledge Habitat Closure Areas, with their 

current fishing restrictions and 

exemptions; establishing the Fippennies 

Ledge HMA, closed to mobile bottomtending gear; and establishing the 

Ammen Rock HMA, closed to all fishing 

except lobster traps. 

In the Western Gulf of Maine, the 

Council recommends maintaining the 

existing Western Gulf of Maine Habitat 

Closure Area, closed to mobile bottomtending gears, and modifying the eastern 

boundary of the Western Gulf of Maine 

Closure Area to align with the habitat 

closure area, while maintaining the 

current fishing restrictions and 

requirements for both areas. The 

Council also recommends creating an 

exemption area within the northwest 

corner of those closures for shrimp 

trawls and designating the existing 

Roller Gear Restricted Area 

requirements as a habitat protection 

measure. 

On Georges Bank, the Council 

recommends removing the year-round 

and habitat closures of Closed Areas I 

and II and replacing them with three 

new areas: (1) The Georges Shoal 2 

HMA, closed to mobile bottom-tending 

gear, with a one-year delay in closure to 

hydraulic clam dredges; (2) the 

Northern Edge Reduced Impact HMA, 

closed to mobile bottom-tending gear, 

with two exceptions described below; 

and (3) the Northern Edge Mobile 

Bottom-Tending Gear HMA, closed to 

mobile bottom-tending gear without any 

exceptions. Exemptions to the Reduced 

Impact HMA are scallop dredge fishing 

in accordance with the scallop 

rotational area program, and trawl 

fishing to the west of the existing 

western boundary of Closed Area II 

(67°20′ W. long.), in what is now the 

Eastern Georges Bank Special Access 

Program. In addition, any portions of 

the Closed Area II groundfish closed 

area north of 41°30′ N. lat. would be 

closed to scallop fishing between June 

15 and October 31 of each year. The 

remainder of the existing Closed Area I 

Habitat and Groundfish Closure Areas 

and Closed Area II Groundfish Closure 

Area would be opened, except for 

seasonal spawning protection as 

described below. 

In the Great South Channel, the 

Council recommends establishing the 

Great South Channel HMA, closed to 

mobile bottom-tending gear. Closure to 

hydraulic clam dredges would be 

delayed for one year, outside of the 

northeast corner of the area. The 

Council also recommends establishing 

two HMAs on Cox Ledge, closed to 

hydraulic clam dredges, and requiring 

no ground cables on trawls fishing in 

the areas. The Nantucket Lightship 

Habitat Closure Area and the Nantucket 

Lightship Closed Area would be 

removed. 

4. Groundfish Spawning Protections 

In the Gulf of Maine, the Council 

recommends establishing the 

Massachusetts Bay Cod Spawning 

Protection Area from November through 

January of each year and closing 

statistical block 125 for the first half of 

April each year (the ‘‘Spring 

Massachusetts Bay Spawning Protection 

Area.’’) The Massachusetts Bay 

Spawning Protection Area would be 

closed to all vessels, except those that 

do not have a Federal Northeast 

multispecies permit and are fishing 

exclusively in state waters; that are 

fishing with exempted gears (Pelagic 

hook and line, pelagic longline, spears, 

rakes, diving gear, cast nets, tongs, 

harpoons, weirs, dipnets, stop nets, 

pound nets, pelagic gillnets, pots and 

traps, shrimp trawls (with a properly 

configured grate), and surfclam and 

ocean quahog dredges); charter/party or 

recreational fishing vessels, provided 

that pelagic hook and line gear is used, 

and there is no retention of regulated 

species or ocean pout; and vessels that 

are transiting. The Spring Massachusetts 

Bay Spawning Protection Area would be 

closed to all vessels, except vessels that 

do not have a Federal Northeast 

multispecies permit and are fishing 

exclusively in state waters; vessels 

fishing with exempted gears (Pelagic 

hook and line, pelagic longline, spears, 

rakes, diving gear, cast nets, tongs, 

harpoons, weirs, dipnets, stop nets, 

pound nets, pelagic gillnets, pots and 

traps, shrimp trawls (with a properly 

configured grate), and surfclam and 

ocean quahog dredges); vessels 

participating in the mid-water trawl 

exempted fishery; vessels participating 

in the purse seine exempted fishery, sea 

scallop dredge gear when under a 

scallop day-at-sea; vessels lawfully in a 

scallop dredge exemption area; vessels 

that are transiting; charter and party 

vessels; and recreational vessels. 

On Georges Bank, the Council 

recommends converting the existing 

groundfish closure area, Closed Area II, 

and the existing habitat area, Closed 

Area I North, into seasonal closures. 

Both areas would be closed from 

February 1 through April 15 of each 

year to all commercial and recreational 

gears that catch groundfish, except 

scallop dredges, vessels fishing with 

exempted gears, vessels participating in 

the mid-water trawl fishery, and vessels 

that are transiting. 

5. Dedicated Habitat Research Areas 

Dedicated Habitat Research Areas 

(DHRAs) are intended to facilitate more 

focused research on fishing gear impacts 

on habitat or other issues related to 

habitat and fisheries productivity. The 

Council is recommending two DHRAs 

in this amendment. The Stellwagen 

DHRA would be implemented with the 

same restrictions as the Western Gulf of 

Maine closed areas described above. 

The Georges Bank DHRA, which is the 

same footprint as the current Closed 

Area I South Habitat Closure Area, 

would be closed to mobile bottomtending gear. 

The Council is recommending these 

DHRAs in combination with a threeyear sunset provision. If approved, three 

years after implementation, the Regional 

Administrator would initiate a review of 

the DHRAs and the research activity 

being conducted within them. If no 

research has been conducted or initiated 

to further the Council’s habitat-related 

questions, the Regional Administrator 

may, after consultation with the 

Council, remove the DHRA designation. 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
46752 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules 

6. Framework and Administrative 

Actions 

The Council is recommending three 

administrative actions as part of the 

Omnibus EFH Amendment. First, 

additional spatial management 

measures, including designation or 

removal of HMAs and changes to fishing 

restrictions within HMAs, would be 

added to the list of frameworkable items 

for all fisheries. Second, a strategic 

process would be established to 

routinely evaluate the boundaries, 

scope, characteristics, and timing of the 

habitat and spawning protection areas, 

including a technical review that 

evaluates the performance of these areas 

at 10-year intervals following 

implementation. A list of questions to 

guide this review are provided in 

Volume 3 of the EIS. Third, building on 

what the Council learned during the 

review of the performance of existing 

closed areas and the development of 

new EFH management in this 

amendment, the Council would identify 

and periodically revise research 

priorities to improve habitat and 

spawning area monitoring. 

Public Comment Instructions 

Public comments on the Omnibus 

EFH Amendment and its incorporated 

documents may be submitted through 

the end of the comment period stated in 

this notice of availability. A proposed 

rule to implement the Amendment, 

including draft regulatory text, will be 

published in the Federal Register for 

public comment. Public comments on 

the proposed rule received by the end 

of the comment period provided in this 

notice of availability will be considered 

in the approval/disapproval decision on 

the amendment. All comments received 

by December 5, 2017, whether 

specifically directed to the Omnibus 

EFH Amendment or the proposed rule 

for this amendment, will be considered 

in the approval/disapproval decision on 

the Omnibus EFH Amendment. 

Comments received after that date will 

not be considered in the decision to 

approve or disapprove the Amendment. 

To be considered, comments must be 

received by close of business on the last 

day of the comment period. 

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

Dated: October 3, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–21560 Filed 10–5–17; 8:45 am] 

BILLING CODE 3510–22–P 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS