        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 679
        [Docket No. 030114012-3012-01; I.D. 121902F]
        RIN 0648-AQ46
        Fisheries of the Exclusive Economic Zone Off Alaska; Seasonal Area Closure to Trawl, Pot, and Hook-and-Line Fishing in Waters off Cape Sarichef

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule.

          SUMMARY:
          NMFS issues a proposed rule to seasonally prohibit directed fishing for groundfish by vessels using trawl, pot, or hook-and-line gear in waters located near Cape Sarichef in the Bering Sea subarea.  This action is necessary to support NMFS research on the effect of fishing on the localized abundance of Pacific cod and to further the goals and objectives of the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP).

          DATES:
          Comments on the proposed rule must be received on or before February 7, 2003.

          ADDRESSES:
          Comments should be sent to Sue Salveson, Assistant Regional Administrator for Sustainable Fisheries, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Durall,  or delivered to room 413-1 in the Federal Building at 709 W 9th St., Juneau, AK.  Comments also may be faxed to 907-586-7557, marked Attn: Lori Durall.  Copies of the Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this action are available from the same address or by calling the Alaska Region, NMFS, at (907) 586-7228.

          FOR FURTHER INFORMATION CONTACT:
          Melanie Brown at (907) 586-7228, or melanie.brown@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        NMFS manages the domestic groundfish fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI) under the FMP.  The North Pacific Fishery Management Council (Council) prepared the FMP under the Magnuson-Stevens Fishery Conservation and Management Act (Maguson-Stevens Act).  Regulations governing the groundfish fisheries of the BSAI appear at 50 CFR parts 600 and 679.

        In October 2002, the Council adopted a proposed regulatory amendment to seasonally prohibit directed fishing for groundfish by vessels using trawl, pot, or hook-and-line gear in a portion of the waters off Cape Sarichef in the Bering Sea subarea.  The purpose of this action is to support a NMFS research project investigating the effect of commercial fishing on Pacific cod abundance in localized areas.  This study is an integral part of a NMFS comprehensive research program designed to evaluate effects of fishing on the foraging behavior of Steller sea lions.  The western distinct population segment (DPS) of Steller sea lions is listed as an endangered species under the Endangered Species Act and is likely to be adversely affected by the Atka mackerel, pollock, and Pacific cod fisheries.  Steller sea lion protection measures are currently implemented to ensure the pollock, Atka mackerel, and Pacific cod fisheries are not likely to jeopardize the continued existence of or adversely modify or destroy critical habitat for the western DPS of Steller sea lions (68 FR 204, January 2, 2003).
        Currently, the information available to evaluate alternative methods for protecting Steller sea lions and their critical habitat is very limited.  Improved information could enhance the effectiveness and efficiency of existing protection measures.  NMFS and other management agencies and organizations have undertaken numerous research initiatives to learn more about Steller sea lions and interactions with their environment, including fishery related effects potentially associated with the ongoing decline of the western DPS of Steller sea lions.  One such activity is a controlled experiment by NMFS off Cape Sarichef to improve the information that can be used to assess further management actions to protect Steller sea lions and their critical habitat.

        The goal of the study is to evaluate the effects of commercial trawl fishing on Pacific cod and to test a localized depletion hypothesis.  This hypothesis states that the commercial fisheries may adversely affect the critical habitat of Steller sea lions by localized depletion of Steller sea lion prey.  This  study is designed as a comparison between sites within the area subject to intensive seasonal trawling and control sites within a nearby zone where trawling is prohibited.  A complete description of the study is available in the EA/RIR/IRFA for this action (see ADDRESSES).
        This proposed rule would impose a seasonal ban on all directed fishing for groundfish by vessels using trawl, pot, or hook-and-line gear in all waters located outside of the existing 10 nm no trawl area around Cape Sarichef and inside the boundary of the following coordinates joined in order by straight lines:
        54°30′ N lat., 165°14′ W long.;
        54°35′ N lat., 165°26′ W long.;
        54°48′ N lat., 165°04′ W long.;
        54°44′ N lat., 164°56′ W long.; and
        54°30′ N lat., 165°14′ W long.
        Cape Sarichef is located at coordinates 164°56.8′ W long. and 54°34.30′ N lat.  See Figure 21 in the proposed regulatory language below.
        This proposed fishing restriction would be in effect annually during the period of March 15 through March 31 in the years 2003 through 2006.  The Council would review the experimental results after March 2003 to decide if any changes to the rule are needed in 2004 through 2006.
        The trawl, pot, or hook-and-line fishing restriction is necessary to support NMFS research designed to identify and quantify the effects of commercial trawl fishing on the availability of Pacific cod to foraging Steller sea lions within a finite area.  This research is intended to assess the effectiveness and efficiency of alternative management methods for ensuring that Pacific cod fisheries off Alaska neither jeopardize the continued existence of the western DPS of endangered Steller sea lions nor adversely modify its critical habitat.
        The design of this study requires that experimental pot gear be deployed before and after the period of intense trawl fishing for Pacific cod.  NMFS would deploy pot fishing gear in the restriction area during March 15 through March 31, a time period that historically includes the intense trawl fishery for Pacific cod.  The trawl closure is necessary to prevent gear conflicts, including the risk of trawl gear disturbing the experimental pot gear.  Trawl gear contacting pot gear would result in the displacement or loss of the pots.  Pot loss or displacement would lead to economic losses to NMFS and would reduce the quality of the information gathered in the study.  The commercial pot and hook-and-line gear closures are necessary to ensure that observed fishing effects are due to trawl fishing and not to additional fishing effort by hook-and-line and pot gear vessels moving into the area due to the trawl closure.  A concern also exists that pot and hook-and-line gear vessels would enter areas historically fished by trawl gear.  The pot and hook-and-line gear closures will prevent a redistribution of these fisheries and potential future conflicts with trawl gear.
        Classification
        NMFS has determined that the seasonal adjustments of fishery closures this proposed rule would implement are consistent with the national standards of the Magnuson-Stevens Act and other applicable laws.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        This proposed action does not result in any changes in reporting or recordkeeping requirements.
        Species listed under the Endangered Species Act (ESA) are present in the action area.  According to an informal consultation completed on November 25, 2002, no listed species are likely to be adversely affected by this proposed action.
        The analysis for this proposed action did not reveal any existing Federal rules that duplicate, overlap, or conflict with this action.
        An IRFA to examine impacts of the preferred alternative on regulated small entities was conducted for this action in accordance with 5 U.S.C. 603(b).  The proposed closure area is a small portion of Alaska State statistical reporting area 655430 and very small portions of areas 655410 and 645434.  Observer data indicated that insignificant amounts of groundfish fishing occurs in areas 655410 and 645434, compared to 655430 and, therefore, catch data from these areas are not included in the analysis for this action.  The entities regulated by this proposed action would be the catcher vessels and catcher-processors that have fished in the closure area in the second half of March, but that would not be able to do so during that period from 2003 through 2006.  The estimated number of small entities that have fished in this area at that time ranges from 21 to 56 per year from 1998 through 2001.  Statistical area 655430 includes waters other than those in the closure area; therefore, these estimates of entity numbers likely are high based on the data available for analysis.
        The estimated annual average gross revenues for these small operations (from all their Alaskan fisheries) range between approximately $1.02 million and $1.63 million from 1998 through 2001.  The estimated average gross revenues for these small entities in statistical area 655430 during the last 2 weeks in March, were about $10,000 in 1998, $18,000 in 1999, $19,000 in 2000, and $17,000 in 2001.  As noted earlier, statistical area 655430 includes waters outside of the closure area; therefore, these estimates of average revenue probably exceed average revenues earned in the closure area.
        The preferred alternative would prevent trawling, hook-and-line, and pot gear fishing in the closure area from March 15 to March 31 in the years 2003 through 2006.  Fishing vessels that would otherwise have fished in the closure area during that period, would likely alter their fishing patterns so as to fish elsewhere.  Many vessels may fish in waters to the north or northeast of the closure area.  These alternative waters are further from the delivery ports and support services available at Akutan, Unalaska, and King Cove.  These operational changes may impose somewhat higher costs on the vessels, and may lead to some loss of revenues.  Moreover, the shift in fishing area may increase the bycatch rate on non-targeted species.

        The impacts of the proposed action on these operations will be minor.  The average gross revenues from statistical area 655430 are minor compared to overall small entity average gross revenues over the course of the year.  They are also relatively minor compared to their total revenues from fishing activity in the last 2 weeks of March.  These vessels likely would be able to alter their operations to continue their fishing activity elsewhere in the second half of March and, therefore, actual revenue loss should be much less than the average revenue from the closure area.  Thus, the average gross revenues overstate the total adverse impact of the proposed rule on small entities.
        An IRFA should include a description of any significant alternatives to the proposed rule that accomplish the stated objectives of the Magnuson-Stevens Act and any other applicable statutes and that would minimize any significant economic impact of the proposed rule on small entities.  Two alternatives that would have had less adverse impacts on small entities were considered.  Alternative 1, the status quo alternative, would not have imposed restrictions on groundfish fishing in this area.  This alternative was rejected because it created an unacceptably high risk of loss of experimental pot gear and consequent reduction in the statistical power of the experiment.  This could have reduced the value of the experimental results for management purposes.  Alternative 2 would have only restricted trawling in the closure area.  This alternative was rejected because of concerns that, with no trawling in the closure area, hook-and-line and pot gear fishermen would enter in increasing numbers with consequent increased removals of Pacific cod that might be interpreted by the experiment as a trawl effect.  Moreover, this alternative could have led to increased risk of gear conflicts between trawl and hook-and-line and pot gear following the end of the closure, as pot and hook-and-line gear vessels moved into the area closed to trawling but historically fished with trawl gear.  Finally, the closure area under this alternative differed in its dimensions from the closure area in this proposed rule; these differences were introduced to reduce the adverse impact on small trawl entities under the proposed rule.

          List of Subjects in 50 CFR Part 679

        Alaska, Fisheries, Recordkeeping and reporting requirements.

          Dated:  January 16, 2003.
          Rebecca Lent,
          Deputy Assistant Administrator for Regulatory Programs,National Marine Fisheries Service.

          For the reasons discussed in the preamble, 50 CFR part 679 is proposed to be amended as follows:

            PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

          1.  The authority citation for 50 CFR part 679 continues to read as follows:

            Authority:
            16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

          2. In § 679.22, paragraph (a)(11) is revised to read as follows:

            § 679.22
            Closures.

            (a)* * *
            (11) Cape Sarichef Research Restriction Area (effective through March 31, 2006)—(i) Description of Cape Sarichef Research Restriction Area.  The Cape Sarichef Research Restriction Area is all waters located outside of the 10 nm no trawl area around Cape Sarichef, as described in Tables 4 and 5 to this part, and inside the boundary of the following coordinates joined in order by straight lines (Figure 21 to part 679):
            54°30′ N lat., 165°14′ W long.;
            54°35′ N lat., 165°26′ W long.;
            54°48′ N lat., 165°04′ W long.;
            54°44′ N lat., 164°56′ W long.; and,
            54°30′ N lat., 165°14′ W long.
            (ii) Closure.  The Cape Sarichef Research Restriction Area is closed from March 15 through March 31 to directed fishing for groundfish by vessels named on a Federal Fisheries Permit issued under § 679.4(b) and using trawl, pot, or hook-and-line gear.

          3.  Figure 21 to part 679 is added to read as follows:

          BILLING CODE 3510-22-C

            EP23JA03.001

      [FR Doc. 03-1466 Filed 1-22-03; 8:45 am]
      BILLING CODE 3510-22-C


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [I.D. 121103D]
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 22; Public Hearings

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of public hearings; request for comments.

          SUMMARY:
          The Gulf of Mexico Fishery Management Council (Council) will hold public hearings to solicit comments on Draft Amendment 22 to the Reef Fish Fishery Management Plan of the Gulf of Mexico (Draft Amendment 22) that contains alternatives for red snapper to: Redefine the biological reference points of maximum sustainable yield (MSY) and optimum yield (OY); set status determination criteria including maximum fishing mortality threshold (MFMT) and minimum stock size threshold (MSST); establish a rebuilding schedule that is consistent with the Sustainable Fisheries Act of 1996 (SFA); and establish a standardized methodology to collect bycatch information.

          DATES:
          The meetings will be held in January 2004.  See SUPPLEMENTARY INFORMATION for specific dates and times.  Comments on the amendment should be received by January 9, 2004.

          ADDRESSES:
          Written comments should be sent to, and copies of the scoping document are available from, the Gulf of Mexico Fishery Management Council, 3018 U.S. Highway 301, North, Suite 1000, Tampa, Florida  33619.

          FOR FURTHER INFORMATION CONTACT:
          Mr. Stu Kennedy, Fishery Biologist, Gulf of Mexico Fishery Management Council; telephone:   (813) 228-2815.

        SUPPLEMENTARY INFORMATION:

        The Council will hold public hearings to solicit comments on Draft Amendment 22.  Draft Amendment 22 contains alternatives for red snapper to:  (1) redefine the biological reference points of MSY and OY; (2) set status determination criteria including MFMT and MSST; (3) establish a rebuilding schedule that is consistent with the SFA; and (4) establish a standardized methodology to collect bycatch information.
        The red snapper stock is in an overfished condition and subject to overfishing.  Currently this stock is under a rebuilding program to restore the stock to 20 percent spawning potential ratio (SPR) by 2019.  However, this plan is inconsistent with NMFS' National Standard Guidelines (NSG) for setting definitions of overfishing and the overfished condition of stocks that are consistent with SFA and for setting the maximum rebuilding time.  Definitions of stock size, the overfished threshold, and yield must be biomass based, but overfishing definitions can be based on SPR.  Therefore, before the rebuilding plan can be revised, overfished and overfishing targets and thresholds that are consistent with SFA and the NSG must be specified so that rebuilding goals are known.
        For overfished stocks, a recovery plan must be developed to restore the stocks to the biomass level capable of producing MSY on a continuing basis (BMSY).  This is more conservative than the current overfishing definition of 20 percent SPR, which is estimated to be the minimal level needed to prevent future declines in the stock.  Rebuilding periods are to be as short as possible, but not to exceed 10 years unless the conditions dictate otherwise.  For red snapper, even in the absence of fishing mortality, it would take more than 10 years to rebuild the stock.  Therefore, NOAA Fisheries' NSG allows for a maximum recovery period in the absence of fishing mortality (12 years) plus the mean generation time (19.6 years), or 31.6 years for red snapper.   A recovery plan adopted by the Council under the new guidelines in 2001 would have to reach its recovery target during the year 2032 or earlier.  The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that FMPs establish a standardized methodology to assess the amount and type of bycatch occurring in the fishery.  An additional requirement of the Magnuson-Stevens Act is to identify and implement conservation measures that, to the extent practicable, minimize bycatch.  These actions have not been addressed by the Council for the Gulf reef fish fishery and must be considered.
        The public hearings will be held at the following locations and dates from 7 p.m. - 10 p.m.:
        1.  Monday, January 5, 2004, Laguna Madre Learning Center, Port Isabel High School, Highway 100, Port Isabel, TX 78578; telephone:  956-943-0052;
        2.  Monday, January 5, 2004 , Mississippi Department of Marine Resources, 1141 Bayview Drive, Biloxi, MS  39530; telephone:  228-374-5000;
        3.  Tuesday, January 6, 2004, Port Aransas Civic Center, 710 West Avenue A, Port Aransas, TX  78373; telephone:  361-749-4111;
        4.  Tuesday, January 6, 2004, Hilton Beachfront Garden Inn, 23092 Perdido Beach Boulevard, Orange Beach, AL  36561; telephone:  334-974-1600;
        5.  Wednesday, January 7, 2004, San Luis Resort, 5222 Seawall Boulevard, Galveston Island, TX  77551; telephone:  409-744-1500;
        6.  Wednesday, January 7, 2004, Destin Community Center, 101 Stahlman Avenue, Destin, FL  32541; telephone:  850-654-5184;
        7.  Thursday, January 8, 2004, New Orleans Airport Hilton, 901 Airline Drive, Kenner, LA  70062; telephone:  504-469-5000; and
        8.  Thursday, January 8, 2004, Holiday Inn, 15208 Gulf Boulevard, Madeira Beach, FL  33708; telephone:  727-392-2257.
        Public comments on the draft amendment that are received in the Council office by 5 p.m., January 9, 2004, will be presented to the Council.

        These meetings are physically accessible to people with disabilities.  Requests for sign language interpretation or other auxiliary aids should be directed to Trish Kennedy at the Council (see ADDRESSES) by December 29, 2003.

          Dated:   December 16, 2003.
          Bruce C. Morehead,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 03-31488 Filed 12-19-03; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 665
        [Docket No. 110909578-1582-01]
        RIN 0648-BB45
        Western Pacific Pelagic Fisheries; Modification of American Samoa Large Vessel Prohibited Area

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes to modify certain boundaries of the large fishing vessel prohibited area around Tutuila, the Manua Islands, and Rose Atoll in American Samoa to align with the boundaries of the Rose Atoll Marine National Monument. The proposed action would simplify enforcement and administration of the management area.

          DATES:
          NMFS must receive comments on the proposed rule by May 11, 2012.

          ADDRESSES:
          You may send comments on the proposed rule, identified by NOAA-NMFS-2011-0226, to either of the following addresses:
          • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal www.regulations.gov; or
          • Mail: Michael D. Tosatto, Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.

          Instructions: You must send any comments to one of the above two addresses to ensure that NMFS receives, documents, and considers the comments. Comments sent to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and NMFS will generally post them to www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the commenter may be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter “N/A” in the required name and organization fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only.

          The Western Pacific Fishery Management Council (Council) prepared a regulatory amendment, including an environmental assessment and regulatory impact review, that provides background information on this proposed rule. The regulatory amendment is available from www.regulations.gov or the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, www.wpcouncil.org.

          FOR FURTHER INFORMATION CONTACT:
          Adam Bailey, Sustainable Fisheries, NMFS PIR, 808-944-2248.

        SUPPLEMENTARY INFORMATION:
        The Council and NMFS manage offshore fisheries around American Samoa under the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific. A mix of small troll and longline vessels and larger longline and purse seine vessels target tunas and related fish in the U.S. Exclusive Economic Zone (EEZ) around the islands. A decade ago, small vessels known as alias dominated the fisheries. The alia use trolling or longline gear to target skipjack and yellowfin tuna and albacore for the fresh fish market and for canning in Pago Pago. More recently, larger vessels have made up most of the longline fishery. The large longliners also target albacore for canning, and they catch substantial quantities of yellowfin and skipjack tuna. In addition, U.S. purse seiners have occasionally fished around American Samoa to supply skipjack and yellowfin tuna for canning.
        The mixture of small and large vessels operating in the same area for the same fish prompted concerns over the potential for gear conflicts and catch competition among the various fishing groups. Concerned that potential competition and conflicts could lead to reduced opportunities for sustained participation in the fisheries by smaller vessels, the Council recommended prohibiting large vessels from fishing in two areas of the EEZ around American Samoa. In 2002, NMFS implemented these “large vessel prohibited areas,” or LVPA, one around Swain's Island and one around Tutuila, the Manua Islands, and Rose Atoll (67 FR 4369, January 30, 2002). The two areas prohibit fishing from vessels 50 ft in length overall or longer, and appear to have prevented conflicts between small and large vessels.
        In 2009, Presidential Proclamation 8337 created the Rose Atoll Marine National Monument (74 FR 1577, January 12, 2009). The monument comprises Rose Atoll and surrounding waters to a distance approximately 50 nm around the atoll. The Proclamation prohibits commercial fishing in monument waters.
        The monument and the LVPA around Tutuila, the Manua Islands, and Rose Atoll overlap, but the boundaries do not align. The Council is concerned that the non-alignment of the boundaries may confuse operators of large fishing vessels and reduce compliance with the fishing prohibitions in each area. To simplify administration and enforcement of the two areas, the Council recommended adjusting certain boundaries of the LVPA.
        The boundaries of the existing LVPA are described in Title 50, Code of Federal Regulations, Part 806, by straight lines connecting the following coordinates:

            Point
            S. lat.
            W. long.

            AS-1-A
            13°30′
            167°25′

            AS-1-B
            15°13′
            167°25′

            and from Point AS-1-A westward along the latitude 13°30′ S. until intersecting the U.S. EEZ boundary with Samoa, and from Point AS-1-B westward along the latitude 15°13′ S. until intersecting the U.S. EEZ boundary with Samoa.

        The corners of the Rose Atoll monument are marked by the following coordinates:

            Point
            S. lat.
            W. long.

            1
            13°41′54″
            169°00′2″

            2
            13°41′54″
            167°17′0″

            3
            15°23′10″
            167°17′0″

            4
            15°23′10″
            169°00′42″

        This proposed rule would do the following:
        (a) Move the existing northernmost LVPA boundary southward to align with the northern boundary of the monument,
        (b) Move the eastern LVPA boundary eastward to align with the eastern boundary of the monument, and
        (c) Move a portion of the southern LVPA boundary southward to align with the southern boundary of the monument.
        The western and most of the southern boundaries of the existing LVPA would remain unchanged. The resulting proposed LVPA would be described by straight lines connecting the following coordinates (see Fig. 1):

            Point
            S. lat.
            W. long.

            AS-1-A
            13°41′54″
            167°17′

            AS-1-B
            15°23′10″
            167°17′

            AS-1-C
            15°23′10″
            169°00′42″

            AS-1-D
            15°13′
            169°00′42″

            and from point AS-1-A westward along latitude 13°41′54″ S. until intersecting the U.S. EEZ boundary with Samoa, and from point AS-1-D westward along latitude 15°13′ S. until intersecting the U.S. EEZ boundary with Samoa.

        This proposed rule aligns the northern, eastern, and southern boundaries of the monument with those of the LVPA, reducing the area of the LVPA by 326 nm2. In other words, under this rule the portion of the EEZ around American Samoa where large vessels may fish would increase by 0.3 percent. The Council and NMFS do not believe that this modest change in the size of the LVPA will significantly affect fishing operations or result in potential environmental impacts, including social impacts, or impacts on target and non-target fish, or protected resources and their habitats.
        NMFS must receive any public comments on this proposed rule by the close of business on May 11, 2012, and will not consider late comments.

          EP20AP12.002

        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Pelagics FEP, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        The Chief Council for Regulation of the Department of Commerce certified to the Chief Council for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The analysis follows:
        “The large vessel prohibited areas (LVPA) were created to separate activities of large vessel fishing activities from those of smaller vessels. The LVPA were implemented in 2002 under the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region. Subsequent Presidential Proclamation 8337 (74 FR 1577; January 12, 2009) established the Rose Atoll Marine National Monument (MNM). The Proclamation established the Rose Atoll MNM and banned all commercial fishing from the monument.
        The proposed action would modify the boundaries of the LVPA around Tutuila Island, the Manua Islands, and Rose Atoll to align with those of the Rose Atoll MNM. The proposed action would move the northern boundary of the LVPA toward shore, while extending the eastern boundary and a portion of the southern boundary farther from shore to encompass the MNM. This would expand the area in which large vessels are allowed to fish by 326 nm2, an increase of 0.3 percent in the area where large vessels are allowed to fish in the EEZ around American Samoa.

        The proposed action would directly affect operators of vessels 50 feet in length overall and longer, i.e., American Samoa-based longline vessels with Class C and D permits and all purse seine vessels. All Class C and D longline vessels that were active in 2009 and 2010 are assumed to be small entities for the purposes of this analysis, because they have revenues below $4.0 million (see SBA size regulations at 13 CFR Part 121.201), while most purse seine vessels are not small entities. Based on limited financial information available on the purse seine fleet, NMFS believes that up to a quarter of purse seine vessels operating in 2009 were owned by small entities (74 FR 26160; June 1, 2009). However, when considering that the proposed action represents only minor adjustments to the boundaries, and that it would result in only a very small increase in the overall available fishing area for large vessels, the proposed action is not expected to have a significant economic impact on a substantial number of small entities. In addition, by aligning boundaries of two areas where fishing is prohibited for these vessels, compliance with fishing prohibitions in both of these areas would be enhanced.
        Other options that met the objectives of the proposed action were considered, including the no action alternative and two action alternatives. The two action alternatives would also have re-defined the boundaries of the prohibited area to encompass the monument, but would have increased the LVPA by 3,560 nm2 or 1,339 nm2, respectively. The Council rejected these alternatives in favor of the preferred alternative, because it achieved the goal of addressing the mismatch of the LVPA and monument boundaries and was the only one of the three action alternatives that would not further decrease the remaining area in which large vessels, such as longline and purse seine vessels could fish.”
        As a result, an initial regulatory flexibility analysis is not required and none has been prepared.

          List of Subjects in 50 CFR Part 665
          Administrative practice and procedure, American Samoa, Fishing, Longline, Marine national monuments, Prohibited area management, Purse seine, Rose Atoll.

          Dated: April 17, 2012.
          Samuel D. Rauch III,
          Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR chapter VI is proposed to be amended as follows:

          PART 665—FISHERIES IN THE WESTERN PACIFIC
          1. The authority citation for part 665 continues to read as follows:

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

          2. In § 665.806, (b)(1) revise the paragraph and table to read as follows:

            § 665.806
            Prohibited area management.

            (b) * * *
            (1) Tutuila Island, Manua Islands, and Rose Atoll (AS-1). The large vessel prohibited area around Tutuila Island, the Manua Islands, and Rose Atoll consists of the waters of the EEZ around American Samoa enclosed by straight lines connecting the following coordinates:

                Point
                S. lat.
                W. long.

                AS-1-A
                13°41′54″
                167°17′

                AS-1-B
                15°23′10″
                167°17′

                AS-1-C
                15°23′10″
                169°00′42″

                AS-1-D
                15°13′
                169°00′42″

                and from point AS-1-A westward along latitude 13°41′54″ S. until intersecting the U.S. EEZ boundary with Samoa, and from point AS-1-D westward along latitude 15°13′ S. until intersecting the U.S. EEZ boundary with Samoa.

      [FR Doc. 2012-9599 Filed 4-19-12; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [Docket No. 170505465-7465-01]
        RIN 0648-BG87
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures; Amendment 46

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes to implement management measures described in Amendment 46 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council) (Amendment 46). For gray triggerfish, this proposed rule would revise the recreational fixed closed season, recreational bag limit, recreational minimum size limit, and commercial trip limit. Additionally, Amendment 46 would establish a new rebuilding time period for the Gulf of Mexico (Gulf) gray triggerfish stock. The purpose of this proposed rule is to implement management measures to assist in rebuilding the Gulf gray triggerfish stock and achieve optimum yield (OY).

          DATES:
          Written comments must be received on or before October 25, 2017.

          ADDRESSES:
          You may submit comments on the amendment identified by “NOAA-NMFS-2017-0080” by either 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-2017-0080, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit written comments to Lauren Waters, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov
            without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

          Electronic copies of Amendment 46, which includes an environmental assessment, a fishery impact statement, a Regulatory Flexibility Act (RFA) analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/am46_gray_trigger/documents/pdfs/gulf_reef_am46_gray_trigg_final.pdf.

          FOR FURTHER INFORMATION CONTACT:

          Lauren Waters, Southeast Regional Office, NMFS, telephone: 727-824-5305; email: Lauren.Waters@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        NMFS and the Council manage the Gulf reef fish fishery, which includes gray triggerfish, under the FMP. The Council prepared the FMP and NMFS implements the FMP through regulations at 50 CFR part 622 under the authority of the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C 1801 et seq.).
        Background
        The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve, on a continuing basis, the OY from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. To further this goal, the Magnuson-Stevens Act requires fishery managers to rebuild overfished stocks.
        Status of the Gray Triggerfish Stock
        The first Southeast Data, Assessment, and Review (SEDAR) benchmark stock assessment for gray triggerfish was completed in 2006 (SEDAR 9). SEDAR 9 indicated that the gray triggerfish stock was both overfished and possibly undergoing overfishing. Subsequently, Amendment 30A to the FMP established a gray triggerfish rebuilding plan beginning in the 2008 fishing year (73 FR 38139, July 3, 2008). In 2011, a SEDAR 9 update stock assessment for gray triggerfish determined that the gray triggerfish stock was still overfished and was undergoing overfishing, and had not made adequate progress toward rebuilding. As a result of the SEDAR 9 update and to end overfishing, the final rule for Amendment 37 to the FMP revised the gray triggerfish commercial and recreational sector annual catch limits (ACLs) and annual catch targets (ACTs), revised the gray triggerfish recreational sector accountability measures (AMs), revised the gray triggerfish recreational bag limit, established a commercial trip limit for gray triggerfish, and established a fixed closed season for the gray triggerfish commercial and recreational sectors (78 FR 27084, May 5, 2013). Additionally, Amendment 37 revised the rebuilding plan and projected that the stock would be rebuilt in 5 years, or by the end of 2017 fishing year.
        Since implementation of Amendment 37 in 2013, commercial harvest has not exceeded the commercial ACL, while the recreational sector has exceeded the recreational ACL or adjusted recreational ACL (that resulted from a ACL overage adjustment) in the 2013, 2014, 2015, and 2016 fishing years. The most recent stock assessment for gray triggerfish was completed and reviewed by the Council's Scientific and Statistical Committee (SSC) in October 2015 (SEDAR 43). SEDAR 43 indicated that the gray triggerfish stock was not experiencing overfishing but remained overfished and would not be rebuilt by the end of 2017 as previously projected. On November 2, 2015, NMFS notified the Council that the gray triggerfish stock was not making adequate progress toward rebuilding, and the Council subsequently began development of Amendment 46 to establish a new rebuilding time period and other management measures to achieve OY and rebuild the stock.
        Management Measures Contained in This Proposed Rule
        For gray triggerfish, this proposed rule would revise the recreational fixed closed season, recreational bag limit, recreational minimum size limit, and commercial trip limit. NMFS and the Council are proposing the changes to the recreational management measures to help constrain recreational landings to the recreational ACT to avoid triggering accountability measures (AMs) resulting in an in-season closure or post-season payback that would occur if landings exceed the recreational ACL. NMFS and the Council are proposing the increase in the commercial trip limit to allow those commercial fishermen who encounter gray triggerfish to harvest more fish per trip while continuing to constrain commercial landings to the commercial ACT.
        Recreational Seasonal Closure
        The current recreational seasonal closure for gray triggerfish in the Gulf is from June 1 through July 31, and was established in Amendment 37 to protect gray triggerfish during the peak spawning season and help constrain landings to the recreational ACT (78 FR 27084, May 5, 2013). However, as explained above, recreational landings have exceed the recreational ACL or adjusted ACL the last 4 years. This proposed rule would establish an additional recreational fixed closed season for gray triggerfish from January 1 through the end of February, which is expected to reduce recreational landings and help rebuild the stock within the rebuilding time period established in Amendment 46.
        Recreational Bag Limit
        The current recreational bag limit was set in Amendment 37 and is a 2-fish per person per day limit within the overall 20-fish aggregate reef fish bag limit. This proposed rule would reduce the recreational gray triggerfish bag limit to 1 fish per person per day within the 20-fish aggregate reef fish bag limit.
        As described in Amendment 46, from 2013 through 2015, approximately 10 percent of recreational trips with reef fish landings harvested 2 gray triggerfish within the 20-fish aggregate bag limit. NMFS expects the proposed change to the bag limit to reduce recreational landings by 15 percent, which will help constrain harvest to the recreational ACT to allow the sector to remain open through the end of the fishing year.
        Recreational Size Limit
        The current recreational minimum size limit for gray triggerfish is 14 inches (35.6 cm), fork length (FL), and was established in Amendment 30A to the FMP (73 FR 38139, July 3, 2008). The proposed rule would increase the minimum size limit to 15 inches (38.1 cm), FL. Increasing the recreational minimum size limit would increase the gray triggerfish spawning potential by maintaining larger-sized fish, which are more fecund, in the stock, and is expected to help slow recreational harvest.
        Commercial Trip Limit

        The current commercial trip limit is 12 fish per trip, and was established in Amendment 37 to help constrain commercial harvest to the commercial ACT and avoid an in-season closure as a result of the AMs being triggered (78 FR 27084, May 5, 2013). This proposed rule would increase the trip limit to 16 fish per trip.

        As described in Amendment 46, since implementation of the 12 fish commercial trip limit in 2013, commercial landings have been consistently below the commercial ACT. Analysis of commercial trips demonstrated that 80 percent of trips caught 10 gray triggerfish or less. This indicates that gray triggerfish is primarily a non-target species by the commercial sector and that increasing the commercial trip limit would likely result in only a small change in the weight projected to be landed during a fishing year. However, increasing the commercial trip limit would allow those fishermen who encounter the species the opportunity to harvest more fish. This would help achieve OY for the stock while continuing to constrain commercial landings to the commercial ACT.
        Measures in Amendment 46 Not in This Proposed Rule
        In addition to the measures proposed to be implemented through this proposed rule, Amendment 46 contains actions to set a rebuilding timeframe and to consider alternatives for the commercial and recreational ACTs and ACLs.
        Rebuilding Time Period and Commercial and Recreational ACTs and ACLs
        Amendment 37 established a 5-year rebuilding time period, expiring in 2017, and the current gray triggerfish commercial and recreational ACTs and ACLs. The current commercial ACT is 60,900 lb (27,624 kg), round weight, and the commercial ACL is 64,100 lb (29,075 kg), round weight. The current recreational ACT is 217,000 lb (98,475 kg), round weight, and the recreational ACL is 242,200 lb (109,406 kg), round weight. Amendment 46 would establish a new rebuilding time period for the Gulf gray triggerfish stock as a result of the stock status determined through SEDAR 43, and maintain the current commercial and recreational ACLs and ACTs.
        The Council's SSC reviewed SEDAR 43 and recommended alternative rebuilding time periods of 8, 9, or 10 years and the acceptable biological catch (ABC) yield streams for each period. There is a 60 percent probability of rebuilding the stock within these time periods if landings are appropriately constrained to the recommended catch levels. In Amendment 46, the Council considered these rebuilding time periods and their associated catch levels, as well as a 6-year period, which would be the time needed to rebuild the stock in the absence of fishing mortality. The Council determined that the 9-year rebuilding time period was as short as possible, taking into account the status and biology of the stock and the needs of the associated fishing communities. Although the ABC recommendation associated with the 9-year time period allowed for an increase in harvest, the Council chose to adopt a more conservative approach and maintain the current commercial and recreational ACLs and ACTs for gray triggerfish that were set through the final rule for Amendment 37 (78 FR 27084, May 9, 2013).
        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification follows.
        A description of this proposed rule, why it is being considered, and the objectives of, and legal basis for this proposed rule are contained in the preamble. The Magnuson-Stevens Act provides the statutory basis for this proposed rule.
        This proposed rule would directly affect commercial and recreational fishing for gray triggerfish in Gulf Federal waters. Anglers are not considered small entities as that term is defined in the RFA (5 U.S.C. 601(6)). Consequently, estimates of the number of anglers directly affected by the rule and the impacts on them are not provided here.
        NMFS estimates an average of 223 commercial fishing vessels harvest gray triggerfish in Gulf Federal waters annually, and the number of businesses that own these vessels ranges from 166 to 223. The average vessel harvested 164 lb (74.4 kg), gutted weight, of gray triggerfish annually with a dockside value of $331 (2015 dollars), and that average vessel's annual dockside revenue from all landings is $158,804 (2015 dollars).
        For RFA purposes, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (50 CFR 200.2). A business primarily involved in commercial fishing (NAICS 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and its combined annual receipts are not in excess of $11 million for all of its affiliated operations worldwide. Based on the average annual revenue for a vessel that lands gray triggerfish, it is concluded that most to all of the businesses that harvest gray triggerfish from the Gulf are small businesses.
        Amendment 46 would establish a rebuilding time period of 9 years or by the end of 2025, and this revised time period would have no direct impact on any small business.

        The proposed rule would retain the current commercial ACL and commercial ACT for gray triggerfish, which have been in effect since 2013 (78 FR 27084, May 9, 2013). These status quo measures would have no additional impact on any small business.
        The proposed rule would increase the commercial trip limit for gray triggerfish. A 12-fish trip limit has been in effect since 2013, and this proposed rule would allow for up to four more gray triggerfish to be landed per trip. The average weight of a commercially sized gray triggerfish is estimated to be 4.113 lb (1.866 kg), gutted weight. In 2015, the average dockside price of gray triggerfish was $2.12 per pound, gutted weight. At that price, the proposed rule could increase dockside revenue to as much as $34.88 per trip. It is estimated that the average annual beneficial impact would range from $0 to $135 per vessel, which represents from 0.00 percent to 0.08 percent of the average vessel's annual dockside revenue from all landings.
        Therefore, this proposed rule would not have a significant economic impact on a substantial number of small entities, and an initial regulatory flexibility analysis is not required and none has been prepared.

          List of Subjects in 50 CFR Part 622
          Commercial, Fisheries, Fishing, Gray triggerfish, Gulf, Recreational.

          Dated: September 18, 2017.
          Samuel D. Rauch, III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows:

          PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

        1. The authority citation for part 622 continues to read as follows:

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

        2. In § 622.34, revise paragraph (f) to read as follows:

          § 622.34
          Seasonal and area closures designed to protect Gulf reef fish.

          (f) Seasonal closures for gray triggerfish. The recreational sector for gray triggerfish in or from the Gulf EEZ is closed from January 1 through the end of February, and from June 1 through July 31, each year. During a recreational closure, the bag and possession limits for gray triggerfish in or from the Gulf EEZ are zero. The commercial sector for gray triggerfish in or from the Gulf EEZ is closed from June 1 through July 31, each year. During the period of both the commercial and recreational closure, all harvest or possession in or from the Gulf EEZ of gray triggerfish is prohibited and the sale and purchase of gray triggerfish taken from the Gulf EEZ is prohibited.

        3. In § 622.37, revise paragraph (c)(1) to read as follows:

          § 622.37
          Size limits.

          (c) * * *
          (1) Gray triggerfish. (i) For a person not subject to the bag limit specified in § 622.38(b)(5)-14 inches (35.6 cm), fork length.
          (ii) For a person subject to the bag limit specified in § 622.38(b)(5)-15 inches (38.1 cm), fork length.

        4. In § 622.38, revise paragraph (b)(5) to read as follows:

          § 622.38
          Bag and possession limits.

          (b) * * *
          (5) Gulf reef fish, combined, excluding those specified in paragraphs (b)(1) through (b)(4) and paragraphs (b)(6) through (b)(7) of this section—20. In addition, within the 20-fish aggregate reef fish bag limit, no more than 1 fish may be gray triggerfish and no more than 10 fish may be vermilion snapper.

        5. In § 622.43, revise paragraph (b) to read as follows:

          § 622.43
          Commercial trip limits.

          (b) Gray triggerfish. Until the commercial ACT (commercial quota) specified in § 622.39(a)(1)(vi) is reached—16 fish. See § 622.39(b) for the limitations regarding gray triggerfish after the commercial ACT (commercial quota) is reached.

      [FR Doc. 2017-20351 Filed 9-22-17; 8:45 am]
       BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 660
        [I.D. 030303D]
        Pacific Fishery Management Council; Notice of Intent

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of intent to prepare an environmental impact statement (EIS); request for written comments; notice of public scoping meetings.

          SUMMARY:

          On April 16, 2002, NMFS and the Pacific Fishery Management Council (Council) announced their intent to prepare an EIS in accordance with the National Environmental Policy Act (NEPA) of 1969 for Amendment 16 to the Pacific Coast Groundfish Fishery Management Plan (FMP).  The FMP would be amended to establish procedures for periodic review and revision of rebuilding plans and to incorporate rebuilding plans for overfished groundfish species.  NMFS and the Council subsequently decided to prepare two (or more) separate analyses for these actions.  Establishing procedures for reviewing and revising rebuilding plans is not anticipated to result in significant environmental impacts.  Therefore, an environmental assessment (EA) will be prepared for those procedural actions, which will be implemented through Amendment 16 to the FMP.  An EIS will then be prepared to evaluate the environmental impacts of implementing rebuilding plans for at least four of the nine species currently declared overfished by the Secretary of Commerce pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

          DATES:

          A public scoping meeting on the four rebuilding plans EIS is scheduled for Sunday, April 6, 2003, from 3 p.m.-5 p.m. in conjunction with the Council's April 7-11, 2003, meeting (see SUPPLEMENTARY INFORMATION) covering various rebuilding-plan-related issues.  Written comments will be accepted no later than 5 p.m., local time on  May 30, 2003.  After this date, a scoping responsiveness summary document, summarizing the public's issues and alternatives to be evaluated in the EIS, will be drafted and made available on the Council's website (www.pcouncil.org) or by request from the address below.  All parties present at the scoping meeting shall be mailed copies of the scoping responsiveness summary document once it is prepared.

          ADDRESSES:
          Written comments on issues and alternatives for the four rebuilding plans EIS should be sent to Dr. Donald McIsaac, Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 200, Portland, OR  97220.  Comments also may be sent via facsimile (fax) to 503-820-2299.

            Council address:   Pacific Fishery Management Council 7700 NE Ambassador Place, Suite 200, Portland, OR  97220-1384.

          FOR FURTHER INFORMATION CONTACT:

          Mr. Matthew Harrington, NMFS, Northwest Region, 206-526-4742; fax:  206-526-6426 and email: matthew.harrington@noaa.gov, or Kit Dahl, Pacific Fishery Management Council, 503-820-8220 or 866-806-7204 (toll free); fax:  503-820-2299 and email: kit.dahl@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        NMFS and the Council published a notice of intent to prepare an EIS evaluating groundfish rebuilding plans in the Federal Register on April 16, 2002. (That document contains additional background information on the need for rebuilding plans.)  At that time, NMFS and the Council planned to prepare a single EIS evaluating the effects of two sets of alternatives that might be adopted under a single amendment (Amendment 16) to the Groundfish FMP.  The first set of alternatives would address the effects of different procedures that might be followed for revising rebuilding plans.  As currently developed, these alternatives, or options, cover:   (1) the form and content of rebuilding plans, (2) procedures for periodic review of rebuilding plans (as required by Section 304(e)(7) of the Magnuson-Stevens Act at 16 U.S.C. 1854(e)(7)), (3) standards for evaluating stock rebuilding processes, and (4) procedures that would be followed in the event that an overfished species is listed under the Endangered Species Act.  These actions are procedural, establishing a framework for the adoption of rebuilding plans.  As such, no significant direct or indirect environmental effects are anticipated.  Environmental effects would result from the adoption of rebuilding measures subsequent to the implementation of this procedural framework.  Therefore, after further consideration, NMFS and the Council have decided to evaluate these procedural options in a separate EA and confine the EIS analysis to the impacts of rebuilding-plan-related measures.
        The EIS will now evaluate the environmental impacts stemming from adoption of rebuilding plans, and in particular, the management targets that will be used to determine harvest levels. These target parameters include the target rebuilding period, the fishing mortality management strategy (e.g., constant catch versus constant fishing mortality rate) and rates associated with the strategy, and levels of probability or risk that rebuilding targets will be achieved. Rebuilding plans for at least four overfished species will be evaluated, with darkblotched rockfish, Pacific ocean perch, lingcod, and canary rockfish the most likely species for which rebuilding plans would be evaluated in this EIS.  The effects of adopting rebuilding measures for the remaining five overfished species (bocaccio rockfish, cowcod, whiting, widow rockfish, and yelloweye rockfish) will be evaluated in one or more subsequent EISs or EAs.
        Scoping

        Because of the change in approach described above, an additional public scoping meeting is scheduled for Sunday, April 6, 2003, from 3 p.m. to 5 p.m.  This scoping session will coincide with the Council meeting and will occur at the same location, the Red Lion at The Quay Hotel, 100 Columbia St., Vancouver, WA  98660 (360-694-8341).  Although the primary purpose of the scoping meeting shall be to obtain the public's comments and issues with regards to the four rebuilding plans EIS, issues related to the rebuilding plan adoption framework (subject of the EA) and rebuilding measures for all overfished species (not just those species that will be covered in the EIS noticed here) may be raised at this scoping meeting.  These other comments will be used to formulate the scope of those particular NEPA documents.  Likewise, comments raised on the four rebuilding plans EIS will be used to focus the analysis on the real issues and concerns of the public (40 CFR part 1500.5(d) and 40 CFR part 1501.7).  Public comment also may be made during the April Council meeting, under the agendum wherein the Council plans to consider these proposed actions.  The agenda for this meeting is available from the Council website or by request from Council offices (see
          ADDRESSES), once finalized.

        Written comments on the scope of issues and alternatives may be submitted as described under ADDRESSES.
        Special Accommodations
        These meetings are physically accessible to people with disabilities.  Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at 820-2280 at least 5 days prior to the meeting date.

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

          Dated: March 12, 2003.
          Richard W. Surdi,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 03-6469 Filed 3-17-03; 8:45 am]
      BILLING CODE 3510-22-S