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Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act Environmental Review Procedures
Request for Comments: The National Marine Fisheries Service (NOAA Fisheries) is
soliciting public comment on the environmental review provisions required by the
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA)
(Pub. L. 109-479). Section 107 requires NOAA Fisheries to revise and update agency
procedures to comply with the National Environmental Policy Act (NEPA). It further
requires that NOAA Fisheries consult with the Council on Environmental Quality (CEQ)
and the Regional Fishery Management Councils (Councils), and involve the public in the
development of the revised procedures. The MSRA provides that the resulting
procedures will be the sole environmental impact assessment procedure for fishery
management actions.
The relevant part of the MSRA reads as follows
(i) ENVIRONMENTAL REVIEW PROCESS.—
(1) PROCEDURES.—The Secretary shall, in consultation with the Councils and
the Council on Environmental Quality, revise and update agency procedures for
compliance with the National Environmental Policy Act (42 U.S.C. 4231 et seq.).
The procedures shall—
(A) conform to the time lines for review and approval of fishery management
plans and plan amendments under this section; and
(B) integrate applicable environmental analytical procedures, including the
time frames for public input, with the procedure for the preparation and
dissemination of fishery management plans, plan amendments, and other
actions taken or approved pursuant to this Act in order to provide for timely,
clear and concise analysis that is useful to decision makers and the public,
reduce extraneous paperwork, and effectively involve the public.
(2) USAGE.—The updated agency procedures promulgated in accordance with
this section used by the Councils or the Secretary shall be the sole environmental
impact assessment procedure for fishery management plans, amendments,
regulations, or other actions taken or approved pursuant to this Act.
(3) SCHEDULE FOR PROMULGATION OF FINAL
PROCEDURES.—The Secretary shall—
(A) propose revised procedures within 6 months after the date of enactment of
the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006;
(B) provide 90 days for public review and comments; and
(C) promulgate final procedures no later than 12 months after the date of
enactment of
that Act.
(4) PUBLIC PARTICIPATION.—The Secretary is authorized and directed, in
cooperation with the Council on Environmental Quality and the Councils, to
involve the affected public in the development of revised procedures, including
workshops or other appropriate means of public involvement.
NOAA Fisheries is required to publish proposed procedures by July 11, 2007, for a 90-
day public review period, and to promulgate final procedures by January 12, 2008.
To inform the development of the new procedures, NOAA Fisheries is soliciting public
comment on the following topics:
1) In the context of fishery management actions, how should NOAA Fisheries, in
consultation with the Councils and CEQ, revise and update agency procedures
for compliance with NEPA?
2) What opportunities exist to improve efficiencies in the NEPA process that
may not have been applied in the past?
3) How should the Councils and NOAA Fisheries ensure that analysis is
conducted on an appropriate scale for various types of fishery management
actions? What criteria should be developed and applied to ensure that the
level of analysis is commensurate with the scope of the action?
4) Should NOAA Fisheries consider eliminating the distinction between an
environmental assessment (EA) and environmental impact statement (EIS),
and instead, rely solely on an integrated environmental impact analysis?
5) How should a “reasonable” range of alternatives be defined for purposes of
the new procedures?
6) What opportunities, if any, exist to develop a more effective scoping process?
Should scoping occur at Council meetings and should Council meeting agenda
notices serve as a traditional Notice of Intent to prepare an environmental
analysis?
7) Should the environmental analysis for different types of fishery management
actions be developed on a different scale based on the action’s duration or
effect?
8) What key features of the current NOAA NEPA process or of CEQ’s
regulations should be modified in the new procedures?
9) How should emergency actions be treated under the new procedures?
10) To what extent does the public feel that shorter comment periods (e.g., a
minimum of 30 days) could affect your ability to participate effectively in the
NEPA process?
Dates and Addresses: Comments should be directed to NEPAprocedures@noaa.gov and
must be received by COB on April 20, 2007.
Links to Council Activities: The Councils may develop proposals on their own and
discuss them at public meetings. For those members of the public interested in
participating through the Council process, currently scheduled meetings and proposals
include:
• Council meetings
Western Pacific Fishery Management Council
March 16, 9:00am, Honolulu, Hawaii
Meeting Details:
http://www.wpcouncil.org/
Agenda:
http://frwebgate3.access.gpo.gov/cgibin/
waisgate.cgi?WAISdocID=30545730954+0+0+0&WAISaction=retrieve
Caribbean Fishery Management Council
March 20 – 21, Ponce, Puerto Rico
Meeting Details:
http://www.caribbeanfmc.com/meetings.htm
Agenda:
http://frwebgate2.access.gpo.gov/cgibin/
waisgate.cgi?WAISdocID=302346153101+1+0+0&WAISaction=retrieve
Gulf of Mexico Fishery Management Council
March 26 - 29, Destin, FL
Meeting Details:
http://www.gulfcouncil.org/
Agenda:
http://www.gulfcouncil.org/Beta/GMFMCWeb/downloads/council%20agenda
-307.pdf
North Pacific Fishery Management Council
March 28-29, Anchorage, AK
Meeting Details:
http://www.fakr.noaa.gov/npfmc/schedule.htm
Agenda:
http://www.fakr.noaa.gov/npfmc/Agendas/307Agenda.pdf
Pacific Fishery Management Council
April 2-4, Seattle, WA
Meeting Details:
http://www.pcouncil.org/events/future.html#2007
Agenda:
TBD
New England Fishery Management Council
April 10 -12, Mystic, CT
Meeting Details:
http://www.nefmc.org/calendar/index.html
Agenda:
TBD
Mid-Atlantic Fishery Management Council
April 17-19, Ocean City, MD
Meeting Details:
http://www.mafmc.org/mid-atlantic/meetings/meetings.htm
Agenda:
TBD
• Council proposal:
http://www.nmfs.noaa.gov/msa2007/docs/new_AO_summary_MSA_NEPA_proc
ess.pdf
Other Sources of Information:
• The MSRA (Enrolled version):
http://www.nmfs.noaa.gov/sfa/2007reauth_notsigned.pdf
• Redline Version of MSA as amended:
http://www.nmfs.noaa.gov/msa2007/MSA_Amended%20by%20Magnuson-
Stevens%20Reauthorization%20Act%20(1-31-07%20draft).pdf
• CEQ’s NEPA regulations:
http://www.nepa.gov/nepa/regs/ceq/toc_ceq.htm
• The NEPA statute:
http://www.nepa.gov/nepa/regs/nepa/nepaeqia.htm
• NOAA’s NAO 216-6:
http://www.corporateservices.noaa.gov/~ames/NAOs/Chap_216/naos_216_6.htm...