Fisheries of the Exclusive Economic Zone Off Alaska; Chinook Salmon Bycatch Management in the Gulf of Alaska Trawl Fisheries; Amendment 103, 33456-33458 [2016-12467]
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
action are the vessels that fish for
Pacific sardine as part of the West Coast
CPS small purse seine fleet. As stated
above, the U.S. Small Business
Administration now defines small
businesses engaged in finfish fishing as
those vessels with annual revenues of
$20.5 million or less. Under the former,
lower standards, all entities subject to
this action in previous years were
considered small entities, and under the
new standards they continue to be
considered small. In 2015, there were
approximately 81 vessels permitted to
operate in the directed sardine fishery
component of the CPS fishery off the
U.S. West Coast; 58 vessels in the
Federal CPS limited entry fishery off
California (south of 39 N. lat.), and a
combined 23 vessels in Oregon and
Washington’s state Pacific sardine
fisheries. The total ex-vessel revenue
from the harvest of CPS finfish in 2015
was approximately $4.7 million, making
the average annual per vessel revenue in
2015 for the West Coast CPS finfish fleet
well below $20.5 million; therefore, all
of these vessels are considered small
businesses under the RFA. Because each
affected vessel is a small business, this
proposed rule has an equal effect on all
of these small entities and will impact
a substantial number of these small
entities in the same manner. Therefore,
this rule would not create
disproportionate costs between small
and large vessels/businesses.
The CPS FMP and its implementing
regulations require NMFS to annually
set an OFL, ABC, ACL and HG or ACT
for the Pacific sardine fishery based on
the specified harvest control rules in the
FMP applied to the current stock
biomass estimate for that year. The
derived annual HG is the level typically
used to manage the principal
commercial sardine fishery and is the
harvest level typically used by NMFS
for profitability analysis each year. As
stated above, the FMP dictates that
when the estimated biomass drops
below a certain level (150,000 mt) there
is no HG. Therefore, for the purposes of
profitability analysis, this action is
essentially proposing an HG of zero for
the 2016–2017 Pacific sardine fishing
season (July 1, 2016 through June 30,
2017). The estimated biomass used for
management during the preceding
fishing year (2015–2016) was also below
150,000 mt, therefore NMFS did not
implement a HG, thereby disallowing a
commercial directed sardine fishery.
Since there is again no directed fishing
for the 2016–2017 fishing year, this
proposed rule will not change the
potential profitability as compared to
the previous fishing year.
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The revenue derived from harvesting
Pacific sardine is typically only one
source of fishing revenue for many of
the vessels that harvest Pacific sardine;
as a result, the economic impact to the
fleet from the proposed action cannot be
viewed in isolation. From year to year,
depending on market conditions and
availability of fish, most CPS/sardine
vessels supplement their income by
harvesting other species. Many vessels
in California also harvest anchovy,
mackerel, and in particular squid,
making Pacific sardine only one
component of a multi-species CPS
fishery. Additionally, some sardine
vessels that operate off of Oregon and
Washington also fish for salmon in
Alaska or squid in California during
times of the year when sardine are not
available. The purpose of the proposed
incidental allowances under this action
are to ensure the vessels impacted by
this sardine action can still access these
other profitable fisheries while still
limiting the harvest of sardine. These
proposed incidental allowances are
similar to those implemented last year
and should not restrict access to those
other fisheries.
CPS vessels typically rely on multiple
species for profitability because
abundance of sardine, like the other CPS
stocks, is highly associated with ocean
conditions and seasonality, and
therefore are harvested at various times
and areas throughout the year. Because
each species responds to ocean
conditions in its own way, not all CPS
stocks are likely to be abundant at the
same time; therefore, as abundance
levels and markets fluctuate, it has
necessitated that the CPS fishery as a
whole rely on a group of species for its
annual revenues.
Pursuant to the Regulatory Flexibility
Act and the SBA’s June 20, 2013, and
June 14, 2014, final rules (78 FR 37398
and 79 FR 33647, respectively), this
certification was developed for this
action using the SBA’s revised size
standards. NMFS considers all entities
subject to this action to be small entities
as defined by both the former, lower
size standards and the revised size
standards. Based on the
disproportionality and profitability
analysis above, the proposed action, if
adopted, will not have a significant
economic impact on a substantial
number of small entities. As a result, an
Initial Regulatory Flexibility Analysis is
not required, and none has been
prepared.
This action does not contain a
collection-of-information requirement
for purposes of the Paper Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
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Dated: May 19, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–12228 Filed 5–25–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BF84
Fisheries of the Exclusive Economic
Zone Off Alaska; Chinook Salmon
Bycatch Management in the Gulf of
Alaska Trawl Fisheries; Amendment
103
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
AGENCY:
The North Pacific Fishery
Management Council has submitted
Amendment 103 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (FMP). If approved,
Amendment 103 would allow NMFS to
reapportion unused Chinook salmon
prohibited species catch (PSC) within
and among specific trawl sectors in the
Central and Western Gulf of Alaska
(GOA), based on specific criteria and
within specified limits. Amendment 103
would not increase the current
combined annual PSC limit of 32,500
Chinook salmon that applies to Central
and Western GOA trawl sectors under
the FMP. Amendment 103 would
provide for more flexible management
of GOA trawl Chinook salmon PSC,
increase the likelihood that groundfish
resources are more fully harvested,
reduce the potential for fishery closures,
and maintain overall Chinook salmon
PSC use in the Central and Western
GOA within limits established under
the FMP. Amendment 103 is intended
to promote the goals and objectives of
the Magnuson-Stevens Fishery
Conservation and Management Act, the
FMP, and other applicable laws.
DATES: Comments on the amendment
must be received on or before July 25,
2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2016–0023 by either of the
following methods:
SUMMARY:
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jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160023, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
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),
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 the Regulatory
Impact Review/Initial Regulatory
Flexibility Analysis (collectively,
Analysis) prepared for this action are
available from https://
www.regulations.gov or from the NMFS
Alaska Region Web site at https://
alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Jeff
Hartman, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
Exclusive Economic Zone (EEZ) of the
GOA under the FMP. The North Pacific
Fishery Management Council (Council)
prepared the FMP under the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) (16 U.S.C. 1801, et seq.).
Regulations implementing the FMP
appear at 50 CFR 679.
The Magnuson-Stevens Act requires
that each regional fishery management
council submit any fishery management
plan amendment it prepares to NMFS
for review and approval, disapproval, or
partial approval by the Secretary of
Commerce. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
a fishery management plan amendment,
immediately publish a notice in the
Federal Register announcing that the
amendment is available for public
review and comment. This notice
announces that proposed Amendment
103 to the FMP is available for public
review and comment.
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Amendment 103 would apply to
federally permitted vessels fishing for
pollock and non-pollock groundfish
(non-pollock trawl fisheries) with trawl
gear in the Central and Western
Reporting Areas of the GOA (Central
and Western GOA). The Western and
Central Reporting Areas, defined at
§ 679.2 and shown in Figure 3 to 50 CFR
part 679, consist of the Central and
Western Regulatory Areas in the EEZ
(Statistical Areas 610, 620, and 630) and
the adjacent waters of the State of
Alaska (0 to 3 nm).
The Council designated Pacific
salmon and several other species
(Pacific halibut Pacific herring,
steelhead trout, king crab, and Tanner
crab) as prohibited species in the Gulf
of Alaska (Section 3.6.1 of the FMP).
Prohibited species catch are species
taken incidentally in the groundfish
trawl fisheries designated ‘‘prohibited
species’’ because they are targets of
other, fully utilized domestic fisheries.
If approved, Amendment 103 would (1)
establish the authority for NMFS to
reapportion a limited amount of unused
Chinook salmon PSC among Central and
Western GOA trawl catcher vessel (CV)
sectors and from the Trawl catcher/
processor (C/P) sector to trawl CV
sectors; (2) exclude the Trawl C/P sector
from receiving a reapportionment of
Chinook salmon PSC from any other
sector; and (3) provide additional
flexibility to adjust fall
reapportionments of Chinook salmon
PSC from the current mandatory sector
reapportionments.
NMFS has implemented two FMP
amendments to limit Chinook salmon
bycatch in the GOA trawl fisheries to an
annual aggregate amount of 32,500
Chinook salmon PSC. In August 2012,
NMFS implemented Amendment 93 to
the FMP to establish separate Chinook
salmon PSC limits for the directed
pollock trawl fisheries in the Central
GOA and Western GOA (77 FR 42629,
July 20, 2012). These limits require
NMFS to close the directed pollock
fishery in the Central GOA or Western
GOA if the applicable PSC limit is
reached. Since Amendment 93 was
implemented, the directed pollock
fishery has not been closed due to
reaching a Chinook salmon PSC limit,
and in some years nearly half of the
annual Central or Western GOA PSC
limit is unused.
In January 2015, NMFS implemented
Amendment 97 to the FMP (79 FR
71350, December 2, 2014) to establish
Chinook salmon PSC limits for nonpollock trawl fisheries in the Central
and Western GOA. Non-pollock trawl
fisheries in the Central and Western
GOA include fisheries for sablefish,
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33457
several rockfish species, arrowtooth
flounder, Pacific cod, shallow-water
flatfish, rex sole, flathead sole, deepwater flatfish, and other groundfish
except pollock. Many of the non-pollock
trawl fisheries are multi-species
fisheries, in that vessels catch and retain
multiple groundfish species in a single
fishing trip. Any of these non-pollock
trawl fisheries may be closed when the
applicable Chinook salmon PSC limit is
reached.
Amendment 97 established separate
annual Chinook salmon PSC limits for
three non-pollock trawl sectors: 3,600
Chinook salmon for the Trawl C/P
sector; 1,200 Chinook salmon for the
Rockfish Program CV sector; and 2,700
Chinook salmon for the Non-Rockfish
Program CV sector. Amendment 97
implemented a seasonal limit on
Chinook salmon PSC for the Trawl C/P
sector, an October and November
reapportionment of Chinook salmon
PSC between Rockfish Program and
Non-Rockfish Program CV sectors, and
an ‘‘incentive buffer.’’ The incentive
buffer for the Trawl C/P and NonRockfish Program CV sectors allows
each sector to increase its annual
Chinook salmon PSC limit if the amount
of Chinook salmon PSC taken in the
sector in the previous year is less than
a specified amount of the sector’s limit.
In December 2015, the Council
proposed Amendment 103 to allow
more flexible reapportionments of
unused Chinook salmon PSC.
Amendment 103 would amend Section
3.6.2.2 and add Section 3.6.2.2.1 of the
FMP, and make minor editorial
revisions to the Table of Contents, the
Executive Summary, and Appendix A of
the FMP to list and describe
Amendment 103.
Amendment 103 would amend Table
ES–2, Prohibited Species Catch (PSC)
Limits, by adding the authority for
NMFS to reapportion unused Chinook
salmon PSC among Central and Western
GOA trawl CV sectors and from the
Trawl C/P sector to trawl CV sectors.
Amendment 103 would add Section
3.6.2.2.1 to specify the maximum
amount of unused Chinook salmon PSC
that NMFS may reapportion from any
pollock fishery or non-pollock trawl
sector PSC limit to catcher vessels
participating in the directed pollock
fishery and non-pollock trawl catcher
vessel sectors. Amendment 103 would
amend Section 3.6.2.2 of the FMP to
provide NMFS (the Regional
Administrator of NMFS) discretion to
annually reapportion the amount that is
in excess of 150 Chinook salmon that
currently must be reapportioned from
the Rockfish Program CV sector to the
Non-Rockfish Program CV sector, or the
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
jstallworth on DSK7TPTVN1PROD with PROPOSALS
amount that may be apportioned from
and to these same two sectors after
November 15.
Amendment 103 would limit the
amount of Chinook salmon PSC that
may be received by a fishery or sector
to 50 percent of that sector’s annual
Chinook salmon PSC limit. As such,
reapportionments of unused Chinook
salmon PSC would be limited to the
following amounts:
• 3,342 Chinook salmon to the
Western GOA pollock sector;
• 9,158 Chinook salmon to the
Central GOA pollock sector;
• 600 Chinook salmon to the Rockfish
Program CV sector;
• 1,350 Chinook salmon to the NonRockfish Program CV sector; or
• No Chinook salmon to the Trawl
C/P sector
Amendment 103 would also increase
NMFS’ flexibility to reapportion the
October and November Chinook salmon
PSC from the Rockfish Program CV
sector to the Non-Rockfish Program CV
sector. If more than 150 Chinook salmon
PSC are available to the Rockfish
Program CV sector on October 1, NMFS
would be authorized to reapportion
Chinook salmon PSC to the NonRockfish Program CV sector as long as
at least 150 Chinook salmon PSC
remains available to the Rockfish
Program CV sector on that date.
Amendment 103 also provides that on
November 15, NMFS may reapportion to
the Non-Rockfish Program CV sector,
any Chinook salmon PSC that remains
available to the Rockfish Program CV
sector on that date.
The Council recommended
Amendment 103 because flexibility to
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15:09 May 25, 2016
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reapportionment has been a successful
tool for managing allocations and PSC
limits in other fisheries. The Analysis
for Amendment 103 indicates that
allowing NMFS to reapportion the
above listed amounts of Chinook salmon
PSC among the GOA pollock and nonpollock fisheries could prevent or limit
fishery closures. Amendment 103 would
(1) increase the likelihood that
groundfish resources will be more fully
harvested; (2) minimize adverse
socioeconomic impacts of fishery
closures on groundfish harvesters,
processors and communities; (3) ensure
that the GOA trawl fisheries stay within
existing PSC limits implemented by
Amendments 93 and 97; and (4) balance
competing interests of the National
Standards.
Amendment 103 would improve the
opportunities for NMFS to make unused
Chinook salmon PSC available to a
fishery or sector based on need and
availability. The additional opportunity
may prevent sectors from reaching their
respective Chinook salmon PSC limits
and therefore reduce fishery closures.
Because there is a lower probability of
a closure, there is greater chance of
harvesting the TAC and reducing the
frequency of adverse socioeconomic
effects of fishery closures. The reliable
supply of groundfish may decrease the
likelihood that harvesters, processors,
and communities are adversely affected
by fishery closures.
Amendment 103 minimizes bycatch
to the extent practicable because it (1)
does not authorize any increase to the
current combined annual PSC limit of
32,500 Chinook salmon; (2) provides a
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Frm 00035
Fmt 4702
Sfmt 9990
continuing incentive for participants in
the trawl fisheries to minimize bycatch
of Chinook PSC because it would be
uncertain whether or when NMFS
would reapportion Chinook salmon
PSC; and (3) does not alter the
incentives under Amendment 97 (such
as the annual incentive buffer) that
encourage non-pollock trawl sectors to
minimize Chinook salmon PSC use.
NMFS is soliciting public comments
on proposed Amendment 103 through
the end of the comment period (see
DATES). NMFS intends to publish in the
Federal Register and seek public
comment on a proposed rule that
implements Amendment 103 following
NMFS’ evaluation of the proposed rule
under the Magnuson-Stevens Act.
NMFS will consider all comments
received by the end of the comment
period on Amendment 103, whether
specifically directed to the FMP
amendment or the proposed rule, in the
FMP amendment approval/disapproval
decision. NMFS will not consider
comments received after the date in the
approval/disapproval decision on the
amendment. To be considered,
comments must be received, not just
postmarked or otherwise transmitted, by
the close of business on the last day of
the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 23, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–12467 Filed 5–25–16; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Proposed Rules]
[Pages 33456-33458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12467]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BF84
Fisheries of the Exclusive Economic Zone Off Alaska; Chinook
Salmon Bycatch Management in the Gulf of Alaska Trawl Fisheries;
Amendment 103
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of fishery management plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: The North Pacific Fishery Management Council has submitted
Amendment 103 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska (FMP). If approved, Amendment 103 would allow NMFS to
reapportion unused Chinook salmon prohibited species catch (PSC) within
and among specific trawl sectors in the Central and Western Gulf of
Alaska (GOA), based on specific criteria and within specified limits.
Amendment 103 would not increase the current combined annual PSC limit
of 32,500 Chinook salmon that applies to Central and Western GOA trawl
sectors under the FMP. Amendment 103 would provide for more flexible
management of GOA trawl Chinook salmon PSC, increase the likelihood
that groundfish resources are more fully harvested, reduce the
potential for fishery closures, and maintain overall Chinook salmon PSC
use in the Central and Western GOA within limits established under the
FMP. Amendment 103 is intended to promote the goals and objectives of
the Magnuson-Stevens Fishery Conservation and Management Act, the FMP,
and other applicable laws.
DATES: Comments on the amendment must be received on or before July 25,
2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0023 by either of the following methods:
[[Page 33457]]
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0023, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
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), 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 the Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (collectively, Analysis) prepared for
this action are available from https://www.regulations.gov or from the
NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Jeff Hartman, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
Exclusive Economic Zone (EEZ) of the GOA under the FMP. The North
Pacific Fishery Management Council (Council) prepared the FMP under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) (16 U.S.C. 1801, et seq.). Regulations implementing the
FMP appear at 50 CFR 679.
The Magnuson-Stevens Act requires that each regional fishery
management council submit any fishery management plan amendment it
prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary of Commerce. The Magnuson-Stevens Act also
requires that NMFS, upon receiving a fishery management plan amendment,
immediately publish a notice in the Federal Register announcing that
the amendment is available for public review and comment. This notice
announces that proposed Amendment 103 to the FMP is available for
public review and comment.
Amendment 103 would apply to federally permitted vessels fishing
for pollock and non-pollock groundfish (non-pollock trawl fisheries)
with trawl gear in the Central and Western Reporting Areas of the GOA
(Central and Western GOA). The Western and Central Reporting Areas,
defined at Sec. 679.2 and shown in Figure 3 to 50 CFR part 679,
consist of the Central and Western Regulatory Areas in the EEZ
(Statistical Areas 610, 620, and 630) and the adjacent waters of the
State of Alaska (0 to 3 nm).
The Council designated Pacific salmon and several other species
(Pacific halibut Pacific herring, steelhead trout, king crab, and
Tanner crab) as prohibited species in the Gulf of Alaska (Section 3.6.1
of the FMP). Prohibited species catch are species taken incidentally in
the groundfish trawl fisheries designated ``prohibited species''
because they are targets of other, fully utilized domestic fisheries.
If approved, Amendment 103 would (1) establish the authority for NMFS
to reapportion a limited amount of unused Chinook salmon PSC among
Central and Western GOA trawl catcher vessel (CV) sectors and from the
Trawl catcher/processor (C/P) sector to trawl CV sectors; (2) exclude
the Trawl C/P sector from receiving a reapportionment of Chinook salmon
PSC from any other sector; and (3) provide additional flexibility to
adjust fall reapportionments of Chinook salmon PSC from the current
mandatory sector reapportionments.
NMFS has implemented two FMP amendments to limit Chinook salmon
bycatch in the GOA trawl fisheries to an annual aggregate amount of
32,500 Chinook salmon PSC. In August 2012, NMFS implemented Amendment
93 to the FMP to establish separate Chinook salmon PSC limits for the
directed pollock trawl fisheries in the Central GOA and Western GOA (77
FR 42629, July 20, 2012). These limits require NMFS to close the
directed pollock fishery in the Central GOA or Western GOA if the
applicable PSC limit is reached. Since Amendment 93 was implemented,
the directed pollock fishery has not been closed due to reaching a
Chinook salmon PSC limit, and in some years nearly half of the annual
Central or Western GOA PSC limit is unused.
In January 2015, NMFS implemented Amendment 97 to the FMP (79 FR
71350, December 2, 2014) to establish Chinook salmon PSC limits for
non-pollock trawl fisheries in the Central and Western GOA. Non-pollock
trawl fisheries in the Central and Western GOA include fisheries for
sablefish, several rockfish species, arrowtooth flounder, Pacific cod,
shallow-water flatfish, rex sole, flathead sole, deep-water flatfish,
and other groundfish except pollock. Many of the non-pollock trawl
fisheries are multi-species fisheries, in that vessels catch and retain
multiple groundfish species in a single fishing trip. Any of these non-
pollock trawl fisheries may be closed when the applicable Chinook
salmon PSC limit is reached.
Amendment 97 established separate annual Chinook salmon PSC limits
for three non-pollock trawl sectors: 3,600 Chinook salmon for the Trawl
C/P sector; 1,200 Chinook salmon for the Rockfish Program CV sector;
and 2,700 Chinook salmon for the Non-Rockfish Program CV sector.
Amendment 97 implemented a seasonal limit on Chinook salmon PSC for the
Trawl C/P sector, an October and November reapportionment of Chinook
salmon PSC between Rockfish Program and Non-Rockfish Program CV
sectors, and an ``incentive buffer.'' The incentive buffer for the
Trawl C/P and Non-Rockfish Program CV sectors allows each sector to
increase its annual Chinook salmon PSC limit if the amount of Chinook
salmon PSC taken in the sector in the previous year is less than a
specified amount of the sector's limit.
In December 2015, the Council proposed Amendment 103 to allow more
flexible reapportionments of unused Chinook salmon PSC. Amendment 103
would amend Section 3.6.2.2 and add Section 3.6.2.2.1 of the FMP, and
make minor editorial revisions to the Table of Contents, the Executive
Summary, and Appendix A of the FMP to list and describe Amendment 103.
Amendment 103 would amend Table ES-2, Prohibited Species Catch
(PSC) Limits, by adding the authority for NMFS to reapportion unused
Chinook salmon PSC among Central and Western GOA trawl CV sectors and
from the Trawl C/P sector to trawl CV sectors. Amendment 103 would add
Section 3.6.2.2.1 to specify the maximum amount of unused Chinook
salmon PSC that NMFS may reapportion from any pollock fishery or non-
pollock trawl sector PSC limit to catcher vessels participating in the
directed pollock fishery and non-pollock trawl catcher vessel sectors.
Amendment 103 would amend Section 3.6.2.2 of the FMP to provide NMFS
(the Regional Administrator of NMFS) discretion to annually reapportion
the amount that is in excess of 150 Chinook salmon that currently must
be reapportioned from the Rockfish Program CV sector to the Non-
Rockfish Program CV sector, or the
[[Page 33458]]
amount that may be apportioned from and to these same two sectors after
November 15.
Amendment 103 would limit the amount of Chinook salmon PSC that may
be received by a fishery or sector to 50 percent of that sector's
annual Chinook salmon PSC limit. As such, reapportionments of unused
Chinook salmon PSC would be limited to the following amounts:
3,342 Chinook salmon to the Western GOA pollock sector;
9,158 Chinook salmon to the Central GOA pollock sector;
600 Chinook salmon to the Rockfish Program CV sector;
1,350 Chinook salmon to the Non-Rockfish Program CV
sector; or
No Chinook salmon to the Trawl C/P sector
Amendment 103 would also increase NMFS' flexibility to reapportion
the October and November Chinook salmon PSC from the Rockfish Program
CV sector to the Non-Rockfish Program CV sector. If more than 150
Chinook salmon PSC are available to the Rockfish Program CV sector on
October 1, NMFS would be authorized to reapportion Chinook salmon PSC
to the Non-Rockfish Program CV sector as long as at least 150 Chinook
salmon PSC remains available to the Rockfish Program CV sector on that
date. Amendment 103 also provides that on November 15, NMFS may
reapportion to the Non-Rockfish Program CV sector, any Chinook salmon
PSC that remains available to the Rockfish Program CV sector on that
date.
The Council recommended Amendment 103 because flexibility to
reapportionment has been a successful tool for managing allocations and
PSC limits in other fisheries. The Analysis for Amendment 103 indicates
that allowing NMFS to reapportion the above listed amounts of Chinook
salmon PSC among the GOA pollock and non-pollock fisheries could
prevent or limit fishery closures. Amendment 103 would (1) increase the
likelihood that groundfish resources will be more fully harvested; (2)
minimize adverse socioeconomic impacts of fishery closures on
groundfish harvesters, processors and communities; (3) ensure that the
GOA trawl fisheries stay within existing PSC limits implemented by
Amendments 93 and 97; and (4) balance competing interests of the
National Standards.
Amendment 103 would improve the opportunities for NMFS to make
unused Chinook salmon PSC available to a fishery or sector based on
need and availability. The additional opportunity may prevent sectors
from reaching their respective Chinook salmon PSC limits and therefore
reduce fishery closures. Because there is a lower probability of a
closure, there is greater chance of harvesting the TAC and reducing the
frequency of adverse socioeconomic effects of fishery closures. The
reliable supply of groundfish may decrease the likelihood that
harvesters, processors, and communities are adversely affected by
fishery closures.
Amendment 103 minimizes bycatch to the extent practicable because
it (1) does not authorize any increase to the current combined annual
PSC limit of 32,500 Chinook salmon; (2) provides a continuing incentive
for participants in the trawl fisheries to minimize bycatch of Chinook
PSC because it would be uncertain whether or when NMFS would
reapportion Chinook salmon PSC; and (3) does not alter the incentives
under Amendment 97 (such as the annual incentive buffer) that encourage
non-pollock trawl sectors to minimize Chinook salmon PSC use.
NMFS is soliciting public comments on proposed Amendment 103
through the end of the comment period (see DATES). NMFS intends to
publish in the Federal Register and seek public comment on a proposed
rule that implements Amendment 103 following NMFS' evaluation of the
proposed rule under the Magnuson-Stevens Act. NMFS will consider all
comments received by the end of the comment period on Amendment 103,
whether specifically directed to the FMP amendment or the proposed
rule, in the FMP amendment approval/disapproval decision. NMFS will not
consider comments received after the date in the approval/disapproval
decision on the amendment. To be considered, comments must be received,
not just postmarked or otherwise transmitted, by the close of business
on the last day of the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 23, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-12467 Filed 5-25-16; 8:45 am]
BILLING CODE 3510-22-P
