[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Proposed Rules]
[Pages 46749-46752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21560]


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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.

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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.

[[Page 46750]]


ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0123, by any of the following methods:
    <bullet> 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.
    <bullet> 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.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Senior Fishery Program 
Specialist, (978) 281-9218; fax: (978) 281-9135, <a href="/cdn-cgi/l/email-protection#baf7d5d3c8db94f1dfd6d6c3fad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="dd90b2b4afbcf396b8b1b1a49db3b2bcbcf3bab2ab">[email protected]</span></a>.

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

[[Page 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 bottom-tending 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 bottom-tending 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[deg]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[deg]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 bottom-tending gear.
    The Council is recommending these DHRAs in combination with a 
three-year 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.

[[Page 46752]]

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


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