[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Notices]
[Pages 42968-42969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16358]



[[Page 42968]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 071204C]


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; preliminary notice of scoping 
meetings.

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SUMMARY:  NMFS and the Pacific Fishery Management Council (Council) 
intend to prepare an EIS in accordance with the National Environmental 
Policy Act (NEPA) of 1969 to analyze a range of alternatives for the 
annual allocation of the Pacific sardine harvest guideline.

DATES:  Written comments will be accepted at the Council office through 
August 25, 2004.

ADDRESSES:  You may submit comments, identified by (I.D. 071204C), by 
any of the following methods:
     E-mail: [email protected]: (enter ``Pacific Sardine 
Allocation'' and include the I.D. number in the subject line of the 
message).
     Mail: Written comment on issues and alternatives to be 
addressed in this EIS should be sent to Dr. Donald McIsaac, Pacific 
Fishery Management Council, 7700 NE Ambassador Place, Suite 200, 
Portland, OR 97220.
     Fax: 503-820-2299.

FOR FURTHER INFORMATION CONTACT:  Svein Fougner, NMFS, Southwest Region 
telephone: 562-980-4040, fax: 562-980-4018; or Dan Waldeck, Pacific 
Fishery Management Council, telephone: 503-820-2280, fax: 503-820-2299.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is available on the Government 
Printing Office's website at: www.gpoaccess.gov/fr/index/html.

Background

    NEPA requires consideration of a full range of reasonable 
alternatives including status quo (no action). The Council has not yet 
determined which alternative will be its preferred alternative. When 
developed, the proposed management alternatives would modify the 
Pacific sardine allocation framework in the Coastal Pelagic Species 
(CPS) Fishery Management Plan (FMP) and regulations that implement the 
FMP (68 FR 52523). The tentative schedule for Council actions related 
to this matter is: September 2004, progress report; November 2004, 
review preliminary range of draft alternatives; January-February 2005, 
public hearings on range of alternatives; March or April 2005, 
preliminary action; June 2005, final action. If this schedule holds, 
and NMFS approves the Council action; the Council anticipates 
implementation of the new Pacific sardine allocation framework in time 
for the 2006 Pacific sardine fishery, which opens January 1.

Description of the Proposal

    The proposed action is to implement a comprehensive, long-term 
allocation framework to apportion the annual Pacific sardine harvest 
guideline among the various sectors of the sardine fishery. The Pacific 
sardine resource is healthy and abundant, supporting fisheries in 
California (Los Angeles harbor area and Monterey Bay area), in Oregon 
(Port of Astoria), and Washington (ports of Westport and Ilwaco). The 
proposal is intended to ensure optimal utilization of the resource and 
equitably allocate harvest opportunity.
    The Council adopted the CPS FMP in 1998. The CPS FMP was 
implemented by NMFS in December 1999 (64 FR 69888). The original 
Pacific sardine allocation formula in the FMP partitioned 33 percent of 
the annual harvest guideline to the northern subarea (``Subarea A'') 
and 66 percent to the southern subarea (``Subarea B''). Nine months 
after the January 1 start of the fishery (i.e., October 1), the 
remaining harvest guideline was pooled and re-allocated 50 percent - 50 
percent to each subarea. The original boundary between the two subareas 
was 35[deg] 40' N lat. (approximately Point Piedras Blancas, 
California). This formula was incorporated into Federal management from 
existing California State law. The State law was designed to balance 
fishing opportunity between the Southern California-based fishery 
(``South'') and the Monterey-based fishery (``North''). At the time of 
the FMP's implementation, this was considered a status quo action (as 
the sardine fishery occurred, principally, in California) with no 
environmental impacts. No alternative allocation formulae were 
considered.
    As the Pacific sardine biomass expanded, fisheries developed in the 
Pacific Northwest. With this expansion, under the original formula, the 
northern area allocation was shared by Monterey, Oregon, and 
Washington-based fisheries. Oregon and Washington fishery interests 
expressed concern to the Council that the original allocation framework 
did not provide optimal harvest opportunity to the respective fishery 
sectors. Each of the three sectors operates over a unique schedule. 
Generally, Southern California starts harvesting sardine January 1 and 
harvest increases steadily throughout the year; Northern California 
starts in August (tied to market squid availability) and harvest 
increases through January or February of the following year; and Oregon 
and Washington have a much more abbreviated season, which starts in 
June and ends in October. Because these sectors operate on very 
different schedules, annual allocations help to ensure that each sector 
receives a reasonable fishing opportunity. Ex-vessel landings in all 
sectors are driven by domestic and international market forces for 
sardines, as well as the availability and markets for other species of 
economic benefit to sardine vessels and processors (for example, market 
squid). The Northern California fishery and Pacific Northwest fishery 
are also affected by adverse weather.
    In April 2003, the Council recommended to NMFS an interim framework 
for allocating sardine. The revised allocation system: (1) changed the 
definition of Subarea A (northern subarea) and Subarea B (southern 
subarea) by moving the geographic boundary between the two areas from 
35[deg] 40' N. lat. (Point Piedras Blancas, California) to 39[deg] N. 
lat. (Point Arena, California), (2) moved the date when Pacific sardine 
that remains unharvested is reallocated to Subarea A and Subarea B from 
October 1 to September 1, (3) changed the percentage of the unharvested 
sardine that is reallocated to Subarea A and Subarea B from 50 percent 
to both subareas to 20 percent to Subarea A and 80 percent to Subarea 
B, and (4) reallocates all unharvested sardine that remains on December 
1 coastwide.
    The Council requested this allocation framework be in place for the 
2003 and 2004 fishing seasons, and also in 2005 (if the 2005 harvest 
guideline is at least 90 percent of the 2003 harvest guideline). NMFS 
implemented the revised allocation framework by a regulation that was 
published on September 4, 2003 (68 FR 52523).
    Using the best available information, the interim allocation 
framework was rapidly developed to address the concerns in the short-
term. At the time, it was understood that more information and time 
would be needed to develop a more comprehensive, longer-term

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allocation framework, which is a purpose of this EIS.

Preliminary Identification of Environmental Issues

    A principal objective of this scoping and public input process is 
to identify potentially significant impacts to the human environment 
that should be analyzed in depth in the EIS. Impacts of the following 
components on the biological and physical environment may be evaluated: 
(1) essential fish habitat and ecosystems; (2) protected species listed 
under the Endangered Species Act or protected by the Marine Mammal 
Protection Act and the critical habitat of those species (if any); and 
(3) the fishery management unit, including target and nontarget fish 
stocks. Socioeconomic impacts on the following groups are also going to 
be evaluated: (1) those who participate in harvesting the fishery 
resources and other living marine resources (for commercial, 
subsistence, or recreational purposes); (2) those who process and 
market fish and fish products; (3) those who are involved in allied 
support industries; (4) those who rely on living marine resources in 
the management area; (5) those who consume fish products; (6) those who 
benefit from nonconsumptive use (e.g., wildlife viewing); (7) those who 
do not use the resource, but derive benefit from it by virtue of its 
existence, the option to use it, or the bequest of the resource to 
future generations; (8) those involved in managing and monitoring 
fisheries; and (9) fishing communities. Analysis of these groups will 
be presented in a manner that allows the identification of any 
disproportionate impacts on low income and minority segments of the 
identified groups and impacts on small entities.

Scoping and Public Involvement

    Scoping is an early and open process for determining the scope of 
issues to be addressed and for identifying the significant issues 
related to proposed alternatives (including status quo). A principal 
objective of the scoping and public input processes is to identify a 
reasonable set of alternatives that, with adequate analysis, sharply 
define critical issues and provide a clear basis for distinguishing 
among those alternatives and selecting a preferred alternative. The 
public scoping process provides the public with the opportunity to 
comment on the range of alternatives and specific options within the 
alternatives. The scope of the alternatives to be analyzed should be 
broad enough for the Council and NMFS to make informed decisions on 
whether an alterative should be developed and, if so, how it should be 
designed, and to assess other changes to the FMP and regulations 
necessary for the implementation of the alternative.

    Dated: July 13, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-16358 Filed 7-16-04; 8:45 am]
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