Proposed Rule2023-20938
Fisheries of the Northeastern United States; Framework Adjustments to Northeast Multispecies, Atlantic Sea Scallop, Monkfish, Northeast Skate Complex, and Atlantic Herring Fisheries; Southern New England Habitat Area of Particular Concern Designation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 26, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This action proposes to implement the New England Fishery Management Council's Framework Adjustment that would identify a Habitat Area of Particular Concern offshore of Southern New England. This rule would adjust the following fishery management plans: Northeast Multispecies; Atlantic Sea Scallop; Monkfish; Northeast Skate Complex; and Atlantic Herring. The proposed Habitat Area of Particular Concern would be within and around wind lease areas in Southern New England, including Cox Ledge, to focus conservation recommendations on cod spawning habitats and complex benthic habitats that are known to serve important habitat functions to Council-managed fishery species.
Full Text
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<title>Federal Register, Volume 88 Issue 185 (Tuesday, September 26, 2023)</title>
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[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Proposed Rules]
[Pages 65944-65945]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20938]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230921-0230]
RIN 0648-BM51
Fisheries of the Northeastern United States; Framework
Adjustments to Northeast Multispecies, Atlantic Sea Scallop, Monkfish,
Northeast Skate Complex, and Atlantic Herring Fisheries; Southern New
England Habitat Area of Particular Concern Designation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This action proposes to implement the New England Fishery
Management Council's Framework Adjustment that would identify a Habitat
Area of Particular Concern offshore of Southern New England. This rule
would adjust the following fishery management plans: Northeast
Multispecies; Atlantic Sea Scallop; Monkfish; Northeast Skate Complex;
and Atlantic Herring. The proposed Habitat Area of Particular Concern
would be within and around wind lease areas in Southern New England,
including Cox Ledge, to focus conservation recommendations on cod
spawning habitats and complex benthic habitats that are known to serve
important habitat functions to Council-managed fishery species.
DATES: Comments must be received by October 26, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0101, by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and
enter ``NOAA-NMFS-2023-0101'' in the Search box. Click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
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 part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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). If you are unable to submit your comment through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact Sabrina Pereira (see FOR FURTHER
INFORMATION CONTACT).
Copies of the Southern New England Habitat Area of Particular
Concern Framework and other supporting documents for this action are
available upon request from Dr. Catherine O'Keefe, Executive Director,
New England Fishery Management Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. The supporting documents are also accessible via
the internet at: <a href="https://d23h0vhsm26o6d.cloudfront.net/220822-SNE-HAPC-Framework.pdf">https://d23h0vhsm26o6d.cloudfront.net/220822-SNE-HAPC-Framework.pdf</a>.
FOR FURTHER INFORMATION CONTACT: Sabrina Pereira, Marine Habitat
Resource Specialist, email: <a href="/cdn-cgi/l/email-protection#c695a7a4b4afa8a7e896a3b4a3afb4a786a8a9a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="c291a3a0b0abaca3ec92a7b0a7abb0a382acada3a3eca5adb4">[email protected]</span></a>; phone: (978) 675-
2178.
SUPPLEMENTARY INFORMATION:
Background
This action proposes the identification of a Habitat Area of
Particular Concern (HAPC) in and around offshore wind lease areas in
Southern New England (SNE), including Cox Ledge. The New England
Fishery Management Council (Council) recommended the HAPC designation
due to concerns about the potential adverse impact on essential fish
habitat (EFH) from the development of offshore wind energy projects.
The proposed designation would focus on important cod spawning grounds
and areas of complex habitat that are known to serve important habitat
functions to federally managed species within and adjacent to offshore
wind development areas. Complex benthic habitat provides shelter for
certain species during their early life history, refuge from predators,
and feeding opportunities.
HAPCs highlight specific types or areas of habitat within EFH that
may be particularly vulnerable to human impacts. 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)). As detailed below, if adopted, the
HAPC designated by this action is based on all four of these
attributes.
An area's status as an HAPC should lead to special attention
regarding potential adverse effects on habitats within areas of
particular concern from various activities (e.g., fishing, offshore
wind energy). An HAPC designation does not provide any specific habitat
management measures, such as restrictions on gear types, harvest
levels, fishing locations, offshore wind survey and construction
activities, or other activities with adverse effects on habitat in the
area.
Proposed Habitat Area of Concern Designation
This action proposes the Council's preferred alternative for the
Southern New England HAPC designation, which would identify as an HAPC
certain habitats in the area overlapping offshore wind lease sites in
southern New England. The spatial extent of the HAPC is based on the
footprint of the lease areas, buffered by approximately 10 km on all
sides, combined with the footprint of the Cox Ledge spawning ground,
which is based on recent evidence of cod spawning activity. Maps for
the proposed HAPC designation are provided in the Council's document
(see ADDRESSES).
The HAPC area would be designated EFH for the following species
that occupy complex habitats within the footprint: Atlantic cod egg,
larvae, juveniles, and adults; Atlantic herring eggs; Atlantic sea
scallop eggs, juveniles, and adults; little skate juveniles and adults;
monkfish juveniles and adults; ocean pout eggs, juveniles, and adults;
red hake juveniles and
[[Page 65945]]
adults; winter flounder eggs, juveniles, and adults; and winter skate
juveniles and adults.
Complex habitats are defined as hard bottom substrates, defined by
the Coastal and Marine Ecological Classification Standard (CMECS) as
Substrate Class Rock Substrate, and by the four Substrate Groups:
Gravels; gravel mixes; gravelly; and shell. This CMECS modifier was
developed by NMFS for habitat mapping recommendations, including both
large-grained and small-grained hard habitats. Hard bottom substrates
with epifauna or macroalgae cover are also defined as complex habitat.
Evidence of cod spawning activity at a site could be based on:
Capture of ripe, running, or spent cod during fishery independent
surveys; detections of acoustically tagged fish between November and
April; detections of cod grunts in acoustic surveys; capture of cod
larvae in ichthyoplankton surveys; and/or evidence of eggs in
ichthyoplankton surveys (not species specific but indicative of
spawning success).
Designation of this HAPC would place a focus on areas that are
experiencing current development stresses. The designated area overlaps
areas leased for renewable energy development. Some projects are
already permitted, others are currently undergoing environmental
review, and others are still within the site assessment phase. The
proposed HAPC's spatial footprint closely aligns with the wind lease
areas because these areas face differential levels of foreseeable on-
going development-related threats compared to surrounding areas. The
HAPC boundary includes a buffer of approximately 10 km beyond the
leased areas, recognizing that some types of development activities can
generate impacts at scales of tens of kilometers beyond the site of
construction and operations. For example, acoustic impacts may extend
kilometers from a pile driving site. Greater scrutiny would be given to
activities within the HAPC designated area when data indicate that cod
spawning and/or complex habitats occur within or near a project or
activity footprint. An HAPC focused on these conservation objectives is
consistent with the Council's Offshore Wind Energy Policy as well as
prior offshore wind project specific comments provided by the Council
in recent years.
The cod spawning habitats within the proposed HAPC meet all four of
the HAPC criteria identified above, and the complex bottom habitats
meet all criteria except for ``rarity.'' The proposed HAPC area is
important for current ecological function because it includes spawning
sites, juvenile settlement areas, and feeding areas for species with
EFH in the area, including various cod species. Georges Bank Atlantic
cod, which is in poor stock condition (i.e., overfished and
experiencing overfishing), spawns in the area, and SNE cod represent a
genetically distinct sub-population. The subpopulation also contributes
to the Georges Bank (GB) cod stock, thus, any impacts to SNE cod could
also detrimentally impact the GB stock. With regard to sensitivity to
anthropogenic stresses, cod spawning activities are particularly
sensitive to adverse impacts from fishing and non-fishing activities,
namely from offshore wind development (construction, operations, and
maintenance), and complex habitats are susceptible to conversion and
sedimentation. The proposed HAPC appears to meet the ``extent of
current or future development stresses'' criterion because this area is
facing an existing on-going development-related threat from offshore
wind. Finally, regarding ``rarity,'' cod spawning habitats (based on
acoustic environment, seafloor and water column setting) are rare with
only one known grouping of active sites in Southern New England.
Relative to complex habitat, these features are not considered rare
(i.e., spatially or temporally very limited).
The proposed HAPC is a non-regulatory designation. It is important
to note that HAPC designations are intended to provide for increased
attention when habitat protection measures are considered. HAPCs that
are vulnerable to the potential impacts from anthropogenic activities
warrant special attention when determining appropriate management
measures to minimize, compensate, or mitigate those impacts.
Classification
Pursuant to section 305(d) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), this action is
necessary to implement adjustments to fishery management plans as
identified below and as adopted and proposed by the New England Fishery
Management Council. The NMFS Assistant Administrator has determined
that this proposed rule is consistent with the Northeast Multispecies
Fishery Management Plan (FMP); Atlantic Sea Scallop FMP; Monkfish FMP;
Northeast Skate Complex FMP; and Atlantic Herring FMP, other provisions
of the Magnuson-Stevens Act, and other applicable laws, subject to
further consideration after public comment. In a previous action taken
pursuant to section 304(b), the Council designed the FMP to specify the
process for NMFS to take this action pursuant to MSA section 305(d),
and this action puts in place administrative designations that are not
implementing any associated management measures.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866, as amended by Executive Order 14094.
This proposed rule would not have a significant economic impact on
a substantial number of small businesses pursuant to the Regulatory
Flexibility Act (RFA). The HAPC designation does not impose any burdens
on small businesses as there are no reporting requirements resulting
from this action, and there are no operational requirements or
regulations (i.e., fishing operations or effort, prices/revenues, or
fishery behavior) resulting from this action.
This action, if adopted, would not establish any new reporting or
record-keeping requirements.
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-20938 Filed 9-25-23; 8:45 am]
BILLING CODE 3510-22-P
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