Notice2021-17126
Environmental Impact Statement on Phase 2 Modifications to the Atlantic Large Whale Take Reduction Plan To Reduce Serious Injury and Mortality of Large Whales in Commercial Trap/Pot and Gillnet Fisheries Along the U.S. East Coast
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Published
August 11, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The National Marine Fisheries Service (NMFS) intends to begin a rulemaking process that will amend the Atlantic Large Whale Take Reduction Plan (Plan) to reduce the risk of mortalities and serious injuries of North Atlantic right whales (Eubalaena glacialis) and other large whales caused by entanglement in commercial trap/pot and gillnet fisheries along the U.S. East Coast. An Environmental Impact Statement (EIS) will be prepared in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts to the environment of alternatives to amend the Plan. This notice informs the public of upcoming scoping meetings to solicit public input on Phase 2 of our efforts to reduce the risk of entanglement to right, humpback, and fin whales in U.S. commercial fisheries managed under the Plan. Phase 1, a final rule implementing new modifications to reduce mortalities and serious injuries caused by incidental entanglement in the northeast American lobster and Jonah crab trap/pot fishery, is anticipated shortly, and was analyzed in a Final Environmental Impact Statement released (FEIS) on July 2, 2021. Phase 2 focuses on risk reduction in U.S. East Coast gillnet, Atlantic mixed species trap/pot, and Mid- Atlantic lobster and Jonah crab trap/pot fisheries.
Full Text
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<title>Federal Register, Volume 86 Issue 152 (Wednesday, August 11, 2021)</title>
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 43996-43999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17126]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID: 0648-XB307]
Environmental Impact Statement on Phase 2 Modifications to the
Atlantic Large Whale Take Reduction Plan To Reduce Serious Injury and
Mortality of Large Whales in Commercial Trap/Pot and Gillnet Fisheries
Along the U.S. East Coast
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare an environmental impact statement,
request for comments.
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SUMMARY: The National Marine Fisheries Service (NMFS) intends to begin
a rulemaking process that will amend the Atlantic Large Whale Take
Reduction Plan (Plan) to reduce the risk of mortalities and serious
injuries of North Atlantic right whales (Eubalaena glacialis) and other
large whales caused by entanglement in commercial trap/pot and gillnet
fisheries along the U.S. East Coast. An Environmental Impact Statement
(EIS) will be prepared in accordance with the National Environmental
Policy Act (NEPA) to analyze the impacts to the environment of
alternatives to amend the Plan. This notice informs the public of
upcoming scoping meetings to solicit public input on Phase 2 of our
efforts to reduce the risk of entanglement to right, humpback, and fin
whales in U.S. commercial fisheries managed under the Plan. Phase 1, a
final rule implementing new modifications to reduce mortalities and
serious injuries caused by incidental entanglement in the northeast
American lobster and Jonah crab trap/pot fishery, is anticipated
shortly, and was analyzed in a Final Environmental Impact Statement
released (FEIS) on July 2, 2021. Phase 2 focuses on risk reduction in
U.S. East Coast gillnet, Atlantic mixed species trap/pot, and Mid-
Atlantic lobster and Jonah crab trap/pot fisheries.
DATES: Written or electronic scoping inputs must be received at the
appropriate address, email mailbox, or phone number (see ADDRESSES) by
October 21, 2021.
Public Hearings: At least seven virtual public meetings will be
held during the public comment period. In addition, we will be holding
three call-in days for interested parties to call and speak to a NMFS
staff member to ask questions or submit information and
recommendations.
See ADDRESSES to obtain public hearing and call-in day notification
details. Scoping will also occur through presentations and discussions
at the Atlantic States Marine Fisheries Commission and New England,
Mid-Atlantic, and South Atlantic Fishery Management Council meetings
during the scoping period.
ADDRESSES: You may submit input on this document via email. Submit all
electronic public comments by sending an email to
<a href="/cdn-cgi/l/email-protection#66080b00154801071448272a3132343254565457260809070748010910"><span class="__cf_email__" data-cfemail="9ff1f2f9ecb1f8feedb1ded3c8cbcdcbadafadaedff1f0fefeb1f8f0e9">[email protected]</span></a> using the subject line ``Comments on
Atlantic Large Whale Take Reduction Plan Scoping.'' Input can also be
provided via webinar during scoping meetings or via phone on call-in
days. Remote public meeting dates, access, and call-in information is
available in the SUPPLEMENTARY INFORMATION section. Meeting information
will also be posted on the Plan website <a href="http://fisheries.noaa.gov/ALWTRP">fisheries.noaa.gov/ALWTRP</a>, or
you may contact Marisa Trego for information on dates and times.
FOR FURTHER INFORMATION CONTACT: Marisa Trego, Take Reduction Team
Coordinator, Greater Atlantic Region. Telephone: 978 282-8484. Address:
55 Great Republic Drive, Gloucester, MA 01930. Email:
<a href="/cdn-cgi/l/email-protection#87eae6f5eef4e6a9f3f5e2e0e8c7e9e8e6e6a9e0e8f1"><span class="__cf_email__" data-cfemail="9cf1fdeef5effdb2e8eef9fbf3dcf2f3fdfdb2fbf3ea">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 43997]]
Purpose and Need for Proposed Action
The proposed action for analysis in the EIS would be NMFS
rulemaking to modify the Plan to reduce mortalities and serious
injuries from incidental commercial fishing gear entanglements in U.S.
East Coast gillnet fisheries as well as trap/pot fisheries, including
the Atlantic mixed species and Mid-Atlantic lobster and Jonah crab
fisheries. NMFS' purpose for the proposed action is to fulfill the
mandates of the MMPA to reduce incidental mortalities and serious
injuries of large whales to below each stock's potential biological
removal (PBR) level.
North Atlantic right whales are listed as endangered under the
Endangered Species Act (ESA) and considered depleted under the Marine
Mammal Protection Act (MMPA). After more than two decades of an
increasing trend, the right whale population has been declining since
2010, and the most recent estimate of 368 whales in 2019 (Pace 2021) is
well below the optimum sustainable population. This estimate represents
a minimum population number and reflects new research suggesting that
many mortalities occur undetected (Pace et al. 2021). The decline was
exacerbated by an Unusual Mortality Event (UME) that began in 2017,
when a total of 17 confirmed dead right whales were documented. As of
July 2021, the UME totals 50 individuals, comprising 34 right whale
mortalities and an additional 16 seriously injured right whales. Of
these 50 individuals, 18 definitively involved entanglement and another
5 were probable entanglements. During this period (2017-2021), only 40
calves have been born.
One of the primary causes of mortality and serious injury of North
Atlantic right whales is entanglement in fishing gear. Climate change
and associated changes in prey abundance and distribution are
exacerbating the population decline by shifting the overlap between
right whales and fisheries and reducing the population's resilience to
stressors. With mortalities continuing to outpace births, the
population decline continues and further mitigation of entanglements
that cause mortality or serious injury is necessary for population
recovery.
The MMPA mandates that NMFS develop and implement Take Reduction
Plans for preventing the depletion and assisting in the recovery of
certain marine mammal stocks that are killed or seriously injured
incidental to commercial fisheries. Pursuant to the MMPA, NMFS convenes
Take Reduction Teams composed of stakeholders to develop
recommendations that achieve a short-term goal of reducing mortalities
and serious injuries of marine mammals covered by the plan to a rate
below each stock's PBR level. NMFS considers those recommendations when
implementing Take Reduction Plans through the rulemaking process.
The Atlantic Large Whale Take Reduction Team (Team) was first
convened in 1996 to recommend measures to reduce mortalities and
serious injuries of right, humpback, and fin whales incidental to
certain commercial fisheries. NMFS implements measures under the Plan.
Since 1997, the Plan has been amended several times to reduce the
impacts of fishing gear on large whales in the region through measures
that include area closures, gear configuration requirements, and gear
marking rules. A final rule implementing new modifications to reduce
mortalities and serious injuries caused by entanglement in the
northeast American lobster and Jonah crab trap/pot fishery is
anticipated shortly, and was analyzed in a FEIS released on July 2,
2021 (86 FR 35288).
In 2021, the Team convened to address large whale mortalities and
serious injuries caused by entanglements in the U.S. East Coast
gillnet, Atlantic mixed species trap/pot, and mid-Atlantic lobster and
Jonah crab trap/pot fisheries. Specifically, these fisheries include:
(1) Mid-Atlantic gillnet fisheries for monkfish, spiny dogfish, smooth
dogfish, bluefish, weakfish, menhaden, spot, croaker, striped bass,
large and small coastal sharks, Spanish mackerel, king mackerel,
American shad, black drum, skate species, yellow perch, white perch,
herring, scup, kingfish, spotted seatrout, and butterfish; (2)
Northeast sink gillnet fisheries for Atlantic cod, haddock, pollock,
yellowtail flounder, winter flounder, witch flounder, American plaice,
windowpane flounder, spiny dogfish, monkfish, silver hake, red hake,
white hake, ocean pout, skate spp, mackerel, redfish, and shad; (3)
Northeast drift gillnet fisheries for shad, herring, mackerel, and
menhaden and any residual large pelagic driftnet effort in New England;
(4) Southeast Atlantic gillnet fisheries for finfish, including, but
not limited to: King mackerel, Spanish mackerel, whiting, bluefish,
pompano, spot, croaker, little tunny, bonita, jack crevalle, cobia, and
striped mullet; (5) Southeast Atlantic shark gillnet fisheries for
large and small coastal sharks, including but not limited to blacktip,
blacknose, finetooth, bonnethead, and sharpnose sharks; (6) Northeast
anchored float gillnet fishery for mackerel, herring (particularly for
bait), shad, and menhaden; and (7) Atlantic mixed species trap/pot
fisheries for hagfish, shrimp, conch/whelk, red crab, Jonah crab, rock
crab, black sea bass, scup, tautog, cod, haddock, Pollock, redfish
(ocean perch), white hake, spot, skate, catfish, stone crab, and
cunner; (8) Mid-Atlantic trap/pot fisheries for lobster and Jonah crab,
and (9) Atlantic trap/pot fishery for Atlantic blue crab.
The Team met most recently on June 28 and July 1, 2021, to discuss
the types of management actions that should be included in scoping to
decrease the risk and severity of right whale and other large whale
entanglements in the above-listed fisheries. Further information about
the Plan and the 2021 Team meetings where potential management measures
were discussed, including recordings of all the meetings, can be found
at the Team's website: <a href="https://www.fisheries.noaa.gov/alwtrp">https://www.fisheries.noaa.gov/alwtrp</a>.
Preliminary Description of Proposed Action and Alternatives
NMFS will consider suites of regulatory measures that would modify
existing Plan requirements to address ongoing large whale
entanglements. The primary purpose of the Plan modifications is to
reduce the mortality and serious injury of right whales in U.S. East
Coast gillnet, Atlantic mixed species trap/pot, and Mid-Atlantic
lobster and Jonah crab trap/pot fisheries. In addition to the proposed
action and the no action alternative, potential alternatives that the
draft EIS may analyze include measures that would reduce or weaken line
in gear associated with these fisheries, to reduce co-occurrence of
this gear and right whales, and to improve identification of entangling
gear. For gillnet fisheries, possible management options include
changing configurations such as increasing the minimum number of net
panels per set to reduce endline numbers, gear tending or daytime-only
sets for gillnets, installation of weak links at panels and weak rope
that breaks at forces of less than 1,700 lb, establishing seasonal
restricted areas, and expanding gear marking requirements. For trap/pot
fisheries, possible management options include changing configurations
such as traps per trawl to reduce endline numbers and installation of
weak inserts or ropes that break at forces of less than 1,700 lb,
establishment of seasonal restricted areas, and expansion of gear
marking requirements.
NEPA (42 U.S.C. 4321 et al.) requires that Federal agencies conduct
an
[[Page 43998]]
environmental analysis of their proposed actions to determine if the
actions may significantly affect the human environment. NMFS has
determined that an EIS should be prepared under NEPA for the purpose of
informing rulemaking to modify the Plan. We will prepare an EIS in
accordance with NEPA requirements, as amended (42 U.S.C. 4321 et al.);
NEPA implementing regulations (40 CFR 1500-1508); and other Federal
laws, regulations, and policies. Reasonable alternatives that are
identified during the scoping period will be evaluated in the draft
EIS.
Summary of Expected Impacts
The draft EIS will identify and describe the potential effects of
the proposed action on the human environment that are reasonably
foreseeable and have a reasonably close causal relationship to the
proposed action. This includes such effects that occur at the same time
and place as the proposed action or alternatives and such effects that
are later in time or occur in a different place. The proposed action
may include, but is not limited to, modifications to configurations of
fishing gear, modification to fishing seasons and/or areas, and
modifications to gear marking requirements. Expected potential impacts
to commercial fishermen in the above-mentioned fisheries may include,
but are not limited to, additional costs and labor for modifying gear
configurations and gear markings, and reduced profit due to reduced
catches, access to fishing grounds, or seasons. Expected potential
impacts to Atlantic large whales include, but are not limited to,
reduced mortality and serious injury due to a reduction in entanglement
in fishing gear or reduced severity of any entanglements that do occur.
Other potential impacts may include, but are not limited to, impacts
(both beneficial and adverse) to other marine life, cultural resources,
demographics, employment, and economics. These expected potential
impacts will be analyzed in the draft and final EIS.
Schedule for the Decision-Making Process
After the draft EIS is completed, NMFS will publish a notice of
availability (NOA) and request public comments on the draft EIS. NMFS
expects to issue the NOA in the Fall of 2022. After the public comment
period ends, NMFS will review, consider, and respond to comments
received and will develop the final EIS. NMFS expects to make the final
EIS available to the public in 2023. A record of decision will be
completed no sooner than 30 days after the final EIS is released, in
accordance with 40 CFR 1506.11.
Scoping Process: This NOI commences the public scoping process for
identifying issues and potential alternatives for consideration.
Throughout the scoping process, Federal agencies, state, tribal, local
governments, and the general public have the opportunity to help NMFS
determine reasonable alternatives and potential measures to be analyzed
in the EIS, as well as to provide additional information.
NMFS will hold virtual public scoping meetings at the following
dates and times (eastern):
<bullet> Thursday, September 9, 2021, 6:30-8:30 p.m., for Maryland,
Delaware, Virginia, Northern North Carolina trap/pot fisheries;
<bullet> Tuesday, September 14, 2021, 6:30-8:30 p.m., for Rhode
Island, Connecticut, New York, and New Jersey trap/pot fisheries;
<bullet> Tuesday, September 21, 2021, 6:30-8:30 p.m., for Maine,
New Hampshire, Massachusetts, and Rhode Island trap/pot fisheries;
<bullet> Thursday, September 23, 2021, 6:30-8:30 p.m., for Rhode
Island, Connecticut, New York, and New Jersey gillnet fisheries;
<bullet> Tuesday, October 5, 2021, 6:30-8:30 p.m., for Southern
North Carolina, South Carolina, Georgia, Florida, all gear;
<bullet> Tuesday, October 12, 2021, 6:30-8:30 p.m., for Maryland,
Delaware, Virginia, Northern North Carolina gillnet fisheries;
<bullet> Thursday, October 14, 2021, 6:30-8:30 p.m., for Maine, New
Hampshire, Massachusetts, and Rhode Island gillnet fisheries.
To register, go to our website: <a href="https://www.fisheries.noaa.gov/alwtrp">https://www.fisheries.noaa.gov/alwtrp</a>. NMFS will also hold public call-in days:
<bullet> Friday, October 1, 2021, 12 noon to 6 p.m.
<bullet> Monday, October 4, 2021, 8 a.m. to 3 p.m.
<bullet> Tuesday, October 12, 10 a.m. to 4 p.m.
For more information on how to call, go to our website: <a href="https://www.fisheries.noaa.gov/alwtrp">https://www.fisheries.noaa.gov/alwtrp</a>.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
Everyone potentially impacted by or interested in changes to the
Plan, and particularly, management of commercial trap/pot and gillnet
fisheries along the East Coast, is invited to participate in the public
scoping process by submitting written input, attending public scoping
webinar meetings, or calling us during designated call-in days. This
scoping process aims to gather input regarding the scope of actions to
be proposed for rulemaking, the development of alternatives to analyze
in the EIS, and the potential impacts of management actions.
For gillnet fisheries, the Team discussed and NMFS requests input
on management options, particularly concerning information about
operational challenges, time, and costs required to change
configurations such as net panels per set to reduce endline numbers,
gear tending or daytime-only sets for gillnets, installation of weak
inserts or rope that breaks at forces of less than 1,700 lb, to
establish restricted areas, and to expand gear marking requirements.
For trap/pot fisheries, the Team discussed and NMFS requests input on
management options, particularly including information about
operational challenges, time, and costs required to change
configurations such as traps per trawl to reduce endline numbers and to
install weak inserts or rope that breaks at forces of less than 1,700
lb, to establish restricted areas, and to expand gear marking
requirements.
NMFS and the Team particularly request input on latent effort in
U.S. East Coast gillnet and trap/pot operations that may affect
measures designed to reduce gear that could entangle whales, potential
impacts to fishery operations arising from gear modifications likely to
be considered, potential risks and benefits to large whales, and
information regarding whale distribution or behavior along the U.S.
East Coast that should be considered in developing risk reduction
measures. In addition to direct costs of replacing new gear, input is
requested on indirect cost of gear modification measure alternatives,
such as costs and time required to install sleeves, install weak rope,
and mark gear, and costs related to fewer vertical lines, seasonal
closures, or exempted areas. Information on the value of whale
conservation and the economic benefits of whale conservation is also
requested.
NMFS and the Team also identified data needs to support future
discussions, including data on open access fisheries, gear
configurations across the fisheries, whale distribution, whale
behavioral information, and gear marking. Data related to fishing gear
configurations specific to areas or target species, how gear
alterations measures may affect those fisheries, and how existing gear
configurations contribute to large whale entanglement risk would
[[Page 43999]]
be very welcome. As an example, longer gear marks near the buoy and
gear marks distinguishing permitting states, specific Federal and state
water markings, and gear identification tape throughout buoy lines were
analyzed in the FEIS released on July 2, 2021, for northeast lobster
and Jonah crab trap/pot fisheries. One Team member suggested
restricting fishing rope diameter to no greater than 0.5 inch (1.27 cm)
to distinguish it from offshore Canadian gear.
Information received through this scoping process will inform the
development of alternative risk reduction measures for an environmental
impact analysis. Only inputs and suggestions that are within the scope
of the proposed actions will be considered when developing the
alternatives for analysis in the EIS. This includes items related to
reducing risk of mortality and serious injury of large whales due to
entanglements in commercial U.S. fishing gear and improving gear
marking to reduce uncertainty about where entanglements occur. The
purpose is to develop measures to fulfill the requirements of Section
118 of the MMPA, which regulates the taking of marine mammals
incidental to U.S. commercial fishing operations. NMFS implements
additional endangered species conservation and recovery programs under
the ESA and also affords marine mammals protections under multiple
programs pursuant to the MMPA. Therefore, for the purposes of the
scoping period for this proposed action, we are not requesting input
related to other stressors, such as vessel strikes, anthropogenic
noise, natural mortality, international entanglement risk, offshore
wind development, or climate change.
To promote informed decision-making, input should be as specific as
possible and should provide as much detail as necessary to allow a
commenter's meaningful participation and fully inform NMFS of the
commenter's position. Input should explain why the issues raised are
important to the consideration of potential environmental impacts and
alternatives to the proposed action, as well as economic and other
impacts affecting the quality of the human environment.
It is important that reviewers provide their input at such times
and in such a manner that they are useful to the agency's preparation
of the EIS. Comments should be provided prior to the close of the
scoping period and should clearly articulate the reviewer's concerns
and contentions. Input received in response to this solicitation,
including names and addresses of those who comment, will be part of the
public record for this proposed action. Input submitted anonymously
will be accepted and considered.
Citations
Pace III, R.M. May 2021. Revisions and Further Evaluations of the
Right Whale Abundance Model: Improvements for Hypothesis Testing.
NOAA NEFSC Tech Memo 269.
Pace, R.M., R. Williams, S.D. Kraus, A.R. Knowlton, H.M. Pettis.
2021. Cryptic mortality in North Atlantic right whales. Conserv.
Sci. Pract. 3:e346.
Authority: This NOI is published pursuant to NEPA, 42 U.S.C. 4321
et al., and MMPA, 31 U.S.C. 1361 et al.
Dated: August 6, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-17126 Filed 8-10-21; 8:45 am]
BILLING CODE 3510-22-P
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