Fisheries of the Exclusive Economic Zone Off Alaska; Chinook Salmon Bycatch Management in the Gulf of Alaska Pollock Fishery; Amendment 93, 72384-72386 [2011-30267]
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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules
Atlantic shark catch share program,
announced the availability of a white
paper describing design elements of
catch share programs in general and
issues specific to the Atlantic shark
fisheries, and requested public comment
on the implementation of catch shares
in the Atlantic shark fisheries. In the
NOI, the end of the comment period was
announced as March 1, 2012. However,
due to the timing of the South Atlantic
Fishery Management Council and the
March 2012 HMS Advisory Panel
meeting, NMFS is extending the
comment period to provide additional
opportunity for the five Fishery
Management Councils, the Atlantic and
Gulf States Marine Fisheries
Commissions, and other interested
parties to comment on the NOI.
Therefore, the comment period for the
NOI has been extended to 5 p.m. on
March 31, 2012.
Request for Comments
Five workshops will be held (see
Table 1 for meeting dates, times, and
locations) to provide the opportunity for
public comment on potential catch
share design elements for the Atlantic
shark fisheries. These comments will be
used to assist in the development of
Amendment 6 to the 2006 Consolidated
HMS FMP.
Specifically, NMFS is interested in
obtaining feedback on issues, including,
but not limited to: Eligibility (directed
and/or incidental permit holders),
specification of the resource unit
(species and regions to include), initial
allocation (based on catch history and/
or other means), and catch share
management. NMFS has prepared a
white paper that provides more detail
concerning some of the potential design
elements for catch share programs and
provides the public with additional
information regarding issues in the
Atlantic shark fisheries. Information
related to catch shares for the Atlantic
shark fisheries is available on the HMS
Management Division Web site (https://
www.nmfs.noaa.gov/sfa/hms/sharks/
catchshares.htm).
Comments received on this action
will assist NMFS in determining the
options for rulemaking to conserve and
manage shark resources and fisheries,
consistent with the Magnuson-Stevens
Act and the 2006 Consolidated HMS
FMP.
TABLE 1—DATES, TIMES, AND LOCATIONS OF THE FIVE SCOPING WORKSHOPS
Date
Time
December 6, 2011 ......
December 13, 2011 ....
January 12, 2012 ........
January 31, 2012 ........
February 16, 2012 ......
5–8
5–8
6–9
6–9
5–8
p.m.
p.m.
p.m.
p.m.
p.m.
Meeting locations
.....................
.....................
.....................
.....................
.....................
In addition to the five scoping
workshops, NMFS has requested time
on the agendas of the upcoming
Caribbean, Gulf of Mexico, New
England, Mid-Atlantic, and South
Atlantic Fishery Management Councils,
as well as the Atlantic and Gulf States
Marine Fisheries Commissions during
the public comment period. NMFS also
expects to share the comments received
to date regarding catch shares for the
Atlantic shark fisheries at the March
2012 HMS Advisory Panel meeting. The
dates and location of the AP meeting
will be announced in a future Federal
Register notice.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 18, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–30276 Filed 11–22–11; 8:45 am]
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Address
Cocoa Beach Library ....................
Gulf Beaches Public Library .........
Barnegat Branch Library ...............
Belle Chasse Auditorium ..............
Manteo Town Hall .........................
550 N. Brevard Ave., Cocoa Beach, FL 32931.
200 Municipal Dr., Madeira Beach, FL 33708.
112 Burr St., Barnegat, NJ 08005.
8398 Highway 23, Belle Chasse, LA 70037.
407 Budleigh St., Manteo, NC 27954.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BB24
Fisheries of the Exclusive Economic
Zone Off Alaska; Chinook Salmon
Bycatch Management in the Gulf of
Alaska Pollock Fishery; Amendment 93
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 93 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (FMP). Amendment 93,
if approved, would establish separate
prohibited species catch (PSC) limits in
the Central and Western Regulatory
Areas of the Gulf of Alaska (GOA) for
Chinook salmon (Oncorhynchus
tshawytscha). NMFS would close the
directed pollock fishery in those areas if
the applicable limit is reached. This
action also would require full retention
of salmon in the Central and Western
GOA pollock fisheries until an observer
SUMMARY:
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is provided the opportunity to count the
number of salmon and to collect
scientific data or biological samples
from the salmon. This action is
necessary to minimize Chinook salmon
bycatch in the GOA pollock fishery to
the extent practicable while preserving
the potential for the full harvest of
pollock total allowable catch within
PSC limits. Amendment 93 is intended
to promote the goals and objectives of
the Magnuson-Stevens Fishery
Conservation and Management Act, the
FMP, and other applicable laws.
Comments on the amendment
must be received on or before January
23, 2012.
DATES:
Send comments to Glenn
Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by FDMS Docket
Number NOAA–NMFS–2011–0156, by
any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter [NOAA–NMFS–2011–0156]
in the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
ADDRESSES:
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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules
‘‘Submit a Comment’’ icon on the right
of that line.
• Mail: Submit written comments to
P.O. Box 21668, Juneau, AK 99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
Comments must be submitted by one
of the above methods to ensure that the
comments are received, documented,
and considered by NMFS. 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.
All comments received are a part of
the public record. Comments will
generally be posted without change. All
Personal Identifying Information (for
example, name, address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Electronic copies of the
Environmental Assessment/Regulatory
Impact Review/Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA)
prepared for this action may be obtained
from https://www.regulations.gov or from
the Alaska Region Web site at https://
alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Mary Grady, (907) 586–7228.
The
Magnuson-Stevens Fishery
Conservation and Management Act
(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
93 to the FMP is available for public
review and comment.
The groundfish fisheries in the
exclusive economic zone of the GOA are
managed under the FMP. The FMP was
prepared by the North Pacific Fishery
Management Council (Council) under
the Magnuson-Stevens Act (MSA).
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SUPPLEMENTARY INFORMATION:
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Amendment 93 would apply only to the
management of the pollock fishery
(Theragra chalcogramma) in the Central
and Western Reporting Areas of the
GOA. The Central and Western GOA
Reporting Areas, defined at § 679.2 and
in Figure 3 to 50 CFR part 679, include
the Central and Western Regulatory
Areas (Statistical Areas 610, 620, and
630) and the adjacent State of Alaska
(State) waters. The fisheries affected by
this action would include the GOA State
parallel fisheries for pollock that take
place in State waters around Kodiak
Island, in the Chignik Area, and along
the South Alaska Peninsula. Pollock
harvests in these parallel fisheries occur
in State waters and are typically opened
and closed concurrently with Federal
fisheries. The harvest by vessel
operators participating in either the
State parallel or Federal fisheries are
deducted from the Federal total
allowable catch (TAC) and PSC would
be deducted from applicable PSC limits
at the time the harvest is reported.
Harvest of Chinook salmon from
vessels in the pollock parallel fisheries
in State waters of the GOA will be
deducted from the applicable PSC limit
because coordinated State and Federal
fisheries management provides
consistent management for both
groundfish and prohibited fish species
that are distributed across State and
Federal boundaries. Coordinated State
and Federal fisheries management is
desirable because the pollock fishery in
parallel waters operate in both State and
Federal waters and can cross the State
and Federal boundary during a single
haul. This management provides
consistency to prevent confusion and
eliminate loopholes that may occur
under different requirements between
State and Federal waters. Under parallel
fisheries management the State and
Federal fisheries are able to synchronize
their seasons, which provides consistent
time and area catch and management
data for both groundfish and PSC limits.
The EA/RIR/IRFA indicates that a
substantial portion of the pollock TAC
in these areas is taken in State waters,
at least in some years. Counting
Chinook salmon PSC from State waters
towards attainment of the Chinook
salmon PSC limit would promote the
effectiveness of the Federal PSC limits
to protect Chinook salmon stocks as
well as the interests of Chinook salmon
users. Applying this action to the
parallel fisheries in years of high
Chinook salmon PSC catch could
prevent the fleet from diverting effort
into State waters to avoid reaching the
PSC limit, and could effectively limit or
reduce Chinook salmon PSC. The
Council recommended inclusion of the
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72385
State parallel fisheries in this action
because only by counting Chinook
salmon PSC landed in State waters
against the Chinook salmon PSC limits
that apply in the EEZ can NMFS, the
State, and the Council avoid an
undesirable displacement of fishery
effort into State waters to avoid accrual
of Chinook salmon PSC, a shift that
could actually have the effect of
increasing Chinook salmon PSC. Under
the proposed FMP amendment and
proposed rule, Chinook salmon PSC in
State waters would count against the
limits. When a limit is reached, NMFS
will close Federal waters. The limit and
the possibility of closure should create
an incentive for the fleet to fish in areas
with lower Chinook salmon PSC rates.
In addition, the State has indicated that
it will close the parallel fishery if and
when a Federal closure occurs, which
will limit Chinook PSC throughout the
Western and Central GOA reporting
areas.
If approved, Amendment 93 would
establish PSC limits in the Central and
Western GOA pollock fisheries. The
annual PSC limit for the pollock fishery
in the Central Reporting Area would be
18,316 Chinook salmon. The annual
PSC limit for the pollock fishery in the
Western Reporting Area would be 6,684
Chinook salmon. If the applicable
Chinook salmon PSC limit for the
respective regulatory area is reached,
NMFS would close the directed pollock
fishery in the respective regulatory area.
The State would continue to manage the
closures of the pollock fishery in State
waters.
The principal objective of Chinook
salmon bycatch management in the
GOA pollock fishery is to minimize
Chinook salmon bycatch to the extent
practicable, while enabling the pollock
harvest to contribute substantially
towards the attainment of optimum
yield in the groundfish fishery on an
ongoing basis. Minimizing Chinook
salmon bycatch while achieving
optimum yield is necessary to maintain
a healthy marine ecosystem, ensure
long-term conservation and abundance
of Chinook salmon, provide maximum
benefit to fishermen and communities
that depend on Chinook salmon and
pollock resources, and comply with the
MSA and other applicable Federal law.
In developing Amendment 93, the
Council considered consistency with
the Magnuson-Stevens Act’s 10 National
Standards. The Council designed
Amendment 93 to balance the
competing demands of the National
Standards. Specifically, the Council
recognized the need to balance and be
consistent with both National Standard
9 and National Standard 1. National
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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules
Standard 9 requires that conservation
and management measures shall, to the
extent practicable, minimize bycatch.
National Standard 1 requires that
conservation and management measures
shall prevent overfishing while
achieving, on a continuing basis, the
optimum yield from each fishery for the
U.S. fishing industry. The harvest of
pollock in the Central and Western GOA
contributes to the attainment of
optimum yield in the GOA groundfish
fishery; however, the ability to harvest
the entire pollock TAC in any given year
is not determinative of whether the
GOA groundfish fishery achieves
optimum yield on an ongoing basis.
Providing the opportunity for the
pollock fleet to harvest its TAC is one
aspect of achieving optimum yield in
the long term.
The Council also considered the
importance of equity among user groups
in recommending Amendment 93. In
addition to providing a fair and
equitable apportionment of the total
GOA-wide PSC limit between the
Central and Western GOA pollock
fisheries, the Council also considered
the needs of Chinook salmon users. The
Council noted that the Chinook salmon
resource is of value to many
stakeholders, including, but not limited
to, commercial, recreational, and
cultural user groups; and it is a resource
that is currently fully utilized. By
recommending a PSC limit that reduces
Chinook salmon bycatch, the Council
also has considered the needs of these
other user groups and has recommended
measures to promote their access to the
Chinook salmon resource.
Under Amendment 93, the Chinook
salmon PSC limits are based on the
Council’s recommended GOA-wide goal
of limiting Chinook salmon bycatch to
no more than 25,000 salmon in the
Central and Western GOA pollock
fisheries. The Council noted that the
pollock fishery accounts for
approximately 75 percent of Chinook
salmon PSC in the GOA groundfish
fisheries based on the Chinook salmon
bycatch levels from 2001 to 2010. At
final action, the Council selected a
GOA-wide Chinook salmon PSC limit of
25,000 salmon, having previously
considered a GOA-wide limit of 22,500
Chinook salmon. The Council
apportioned the selected GOA-wide
Chinook salmon PSC limit between the
Central and Western GOA on the basis
of annual Chinook salmon PSC levels
and pollock harvests in each area, set at
an equal ratio during 2001 to 2010
excluding 2007 and 2010, with an
adjustment intended to prevent either
area from bearing a disproportionate
share of the economic impact of the PSC
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limit. To apportion the 25,000 Chinook
salmon PSC limit, the Council
recommended a PSC limit for the
Western GOA PSC that reflects the
output of this formula, applied to a total
GOA-wide PSC limit of 22,500 Chinook
salmon, with no adjustment. The
Council recommended a PSC limit for
the Central GOA that reflects the output
of this formula, applied to a GOA-wide
PSC limit of 22,500 Chinook salmon,
adjusted to allow for an additional 2,500
Chinook salmon. The Council
recommended this increase to the
Central GOA Chinook salmon PSC limit
to enable a greater proportion of the
overall pollock TAC to be harvested
from the GOA and to more evenly
balance the economic impacts to fishery
participants in the Central GOA and
fishery participants in the Western
GOA. The analysis indicated that a
Chinook salmon PSC limit in the
Central GOA, based strictly on historic
catch in the two areas with no
adjustment, would have resulted in
larger amounts of foregone pollock
harvest by the pollock fishery in the
Central GOA historically than the
amount of pollock harvest that would
have been foregone by the pollock
fishery in the Western GOA under the
corresponding limit in the Western
GOA. The adjustment would likely
reduce the amount of foregone pollock
harvest in the Central GOA and the
GOA as a whole. The adjustment would
likely increase the total benefits realized
from the harvest of the pollock resource
and contribute toward the achievement
of optimum yield from the GOA
groundfish fishery as a whole,
consistent with National Standard 1.
The EA/RIR/IRFA indicates that
under this action, the Central and
Western GOA pollock fisheries should
be able to harvest the full pollock TAC
in each area based on the lower, longterm (17 year) average bycatch rate,
although they would be unable to
harvest the full TAC based on the recent
(8 year), higher average bycatch rate.
The Council intends to maintain a
constraint on the fleet as an incentive to
reduce bycatch while still allowing for
optimum yield from the groundfish
fishery.
If Amendment 93 is approved, it is
the Council’s expectation that the PSC
limits recommended in this action
would be implemented in mid-2012. If
Amendment 93 is approved and PSC
limits are implemented in mid-2012,
reduced PSC limits would apply in
2012, and these reduced PSC limits
would apply for the C and D seasons
only (August 25 through November 1).
The Council recommended the PSC
limits for the 2012 C and D seasons at
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the levels of 8,929 Chinook salmon in
the GOA Central Reporting Area and
5,598 Chinook salmon in the GOA
Western Reporting Area. If the Secretary
approves the program, but NMFS cannot
implement it before August 25, 2012,
NMFS would implement it at the
beginning of the next full fishing year
(2013).
If approved, Amendment 93 would
also require temporary retention of all
salmon intercepted in the Central and
Western GOA pollock fisheries until an
observer is provided the opportunity to
count the number of salmon and to
collect scientific data or biological
samples from the salmon. The
Amendment would not allow the sale or
personal use of retained salmon. The
FMP would defer to regulations to
describe the specific requirements for
retaining salmon. The proposed rule for
this action would establish the
requirements for retaining and handling
intercepted salmon species in the GOA
pollock fisheries in order to allow
observers to count and sample salmon
to obtain scientific information before
the salmon must be discarded or
donated to the Prohibited Species
Donation Program.
NMFS is soliciting public comments
on proposed Amendment 93 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 would
implement Amendment 93 following
NMFS’ evaluation of the proposed rule
under the Magnuson-Stevens Act.
Public comments on the proposed rule
must be received by the end of the
comment period on Amendment 93 to
be considered in the approval/
disapproval decision on Amendment
93. NMFS will consider all comments
received by the end of the comment
period on Amendment 93, 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 that 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: November 17, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–30267 Filed 11–22–11; 8:45 am]
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]]>Agencies
[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Proposed Rules]
[Pages 72384-72386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30267]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BB24
Fisheries of the Exclusive Economic Zone Off Alaska; Chinook
Salmon Bycatch Management in the Gulf of Alaska Pollock Fishery;
Amendment 93
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 93 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska (FMP). Amendment 93, if approved, would establish separate
prohibited species catch (PSC) limits in the Central and Western
Regulatory Areas of the Gulf of Alaska (GOA) for Chinook salmon
(Oncorhynchus tshawytscha). NMFS would close the directed pollock
fishery in those areas if the applicable limit is reached. This action
also would require full retention of salmon in the Central and Western
GOA pollock fisheries until an observer is provided the opportunity to
count the number of salmon and to collect scientific data or biological
samples from the salmon. This action is necessary to minimize Chinook
salmon bycatch in the GOA pollock fishery to the extent practicable
while preserving the potential for the full harvest of pollock total
allowable catch within PSC limits. Amendment 93 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 January
23, 2012.
ADDRESSES: Send comments to Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by FDMS
Docket Number NOAA-NMFS-2011-0156, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
To submit comments via the e-Rulemaking Portal, first click the
``submit a comment'' icon, then enter [NOAA-NMFS-2011-0156] in the
keyword search. Locate the document you wish to comment on from the
resulting list and click on the
[[Page 72385]]
``Submit a Comment'' icon on the right of that line.
Mail: Submit written comments to P.O. Box 21668, Juneau,
AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
Comments must be submitted by one of the above methods to ensure
that the comments are received, documented, and considered by NMFS.
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.
All comments received are a part of the public record. Comments
will generally be posted without change. All Personal Identifying
Information (for example, name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Electronic copies of the Environmental Assessment/Regulatory Impact
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared
for this action may be obtained from https://www.regulations.gov or from
the Alaska Region Web site at https://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Mary Grady, (907) 586-7228.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (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 93 to the FMP is available for public
review and comment.
The groundfish fisheries in the exclusive economic zone of the GOA
are managed under the FMP. The FMP was prepared by the North Pacific
Fishery Management Council (Council) under the Magnuson-Stevens Act
(MSA). Amendment 93 would apply only to the management of the pollock
fishery (Theragra chalcogramma) in the Central and Western Reporting
Areas of the GOA. The Central and Western GOA Reporting Areas, defined
at Sec. 679.2 and in Figure 3 to 50 CFR part 679, include the Central
and Western Regulatory Areas (Statistical Areas 610, 620, and 630) and
the adjacent State of Alaska (State) waters. The fisheries affected by
this action would include the GOA State parallel fisheries for pollock
that take place in State waters around Kodiak Island, in the Chignik
Area, and along the South Alaska Peninsula. Pollock harvests in these
parallel fisheries occur in State waters and are typically opened and
closed concurrently with Federal fisheries. The harvest by vessel
operators participating in either the State parallel or Federal
fisheries are deducted from the Federal total allowable catch (TAC) and
PSC would be deducted from applicable PSC limits at the time the
harvest is reported.
Harvest of Chinook salmon from vessels in the pollock parallel
fisheries in State waters of the GOA will be deducted from the
applicable PSC limit because coordinated State and Federal fisheries
management provides consistent management for both groundfish and
prohibited fish species that are distributed across State and Federal
boundaries. Coordinated State and Federal fisheries management is
desirable because the pollock fishery in parallel waters operate in
both State and Federal waters and can cross the State and Federal
boundary during a single haul. This management provides consistency to
prevent confusion and eliminate loopholes that may occur under
different requirements between State and Federal waters. Under parallel
fisheries management the State and Federal fisheries are able to
synchronize their seasons, which provides consistent time and area
catch and management data for both groundfish and PSC limits.
The EA/RIR/IRFA indicates that a substantial portion of the pollock
TAC in these areas is taken in State waters, at least in some years.
Counting Chinook salmon PSC from State waters towards attainment of the
Chinook salmon PSC limit would promote the effectiveness of the Federal
PSC limits to protect Chinook salmon stocks as well as the interests of
Chinook salmon users. Applying this action to the parallel fisheries in
years of high Chinook salmon PSC catch could prevent the fleet from
diverting effort into State waters to avoid reaching the PSC limit, and
could effectively limit or reduce Chinook salmon PSC. The Council
recommended inclusion of the State parallel fisheries in this action
because only by counting Chinook salmon PSC landed in State waters
against the Chinook salmon PSC limits that apply in the EEZ can NMFS,
the State, and the Council avoid an undesirable displacement of fishery
effort into State waters to avoid accrual of Chinook salmon PSC, a
shift that could actually have the effect of increasing Chinook salmon
PSC. Under the proposed FMP amendment and proposed rule, Chinook salmon
PSC in State waters would count against the limits. When a limit is
reached, NMFS will close Federal waters. The limit and the possibility
of closure should create an incentive for the fleet to fish in areas
with lower Chinook salmon PSC rates. In addition, the State has
indicated that it will close the parallel fishery if and when a Federal
closure occurs, which will limit Chinook PSC throughout the Western and
Central GOA reporting areas.
If approved, Amendment 93 would establish PSC limits in the Central
and Western GOA pollock fisheries. The annual PSC limit for the pollock
fishery in the Central Reporting Area would be 18,316 Chinook salmon.
The annual PSC limit for the pollock fishery in the Western Reporting
Area would be 6,684 Chinook salmon. If the applicable Chinook salmon
PSC limit for the respective regulatory area is reached, NMFS would
close the directed pollock fishery in the respective regulatory area.
The State would continue to manage the closures of the pollock fishery
in State waters.
The principal objective of Chinook salmon bycatch management in the
GOA pollock fishery is to minimize Chinook salmon bycatch to the extent
practicable, while enabling the pollock harvest to contribute
substantially towards the attainment of optimum yield in the groundfish
fishery on an ongoing basis. Minimizing Chinook salmon bycatch while
achieving optimum yield is necessary to maintain a healthy marine
ecosystem, ensure long-term conservation and abundance of Chinook
salmon, provide maximum benefit to fishermen and communities that
depend on Chinook salmon and pollock resources, and comply with the MSA
and other applicable Federal law.
In developing Amendment 93, the Council considered consistency with
the Magnuson-Stevens Act's 10 National Standards. The Council designed
Amendment 93 to balance the competing demands of the National
Standards. Specifically, the Council recognized the need to balance and
be consistent with both National Standard 9 and National Standard 1.
National
[[Page 72386]]
Standard 9 requires that conservation and management measures shall, to
the extent practicable, minimize bycatch. National Standard 1 requires
that conservation and management measures shall prevent overfishing
while achieving, on a continuing basis, the optimum yield from each
fishery for the U.S. fishing industry. The harvest of pollock in the
Central and Western GOA contributes to the attainment of optimum yield
in the GOA groundfish fishery; however, the ability to harvest the
entire pollock TAC in any given year is not determinative of whether
the GOA groundfish fishery achieves optimum yield on an ongoing basis.
Providing the opportunity for the pollock fleet to harvest its TAC is
one aspect of achieving optimum yield in the long term.
The Council also considered the importance of equity among user
groups in recommending Amendment 93. In addition to providing a fair
and equitable apportionment of the total GOA-wide PSC limit between the
Central and Western GOA pollock fisheries, the Council also considered
the needs of Chinook salmon users. The Council noted that the Chinook
salmon resource is of value to many stakeholders, including, but not
limited to, commercial, recreational, and cultural user groups; and it
is a resource that is currently fully utilized. By recommending a PSC
limit that reduces Chinook salmon bycatch, the Council also has
considered the needs of these other user groups and has recommended
measures to promote their access to the Chinook salmon resource.
Under Amendment 93, the Chinook salmon PSC limits are based on the
Council's recommended GOA-wide goal of limiting Chinook salmon bycatch
to no more than 25,000 salmon in the Central and Western GOA pollock
fisheries. The Council noted that the pollock fishery accounts for
approximately 75 percent of Chinook salmon PSC in the GOA groundfish
fisheries based on the Chinook salmon bycatch levels from 2001 to 2010.
At final action, the Council selected a GOA-wide Chinook salmon PSC
limit of 25,000 salmon, having previously considered a GOA-wide limit
of 22,500 Chinook salmon. The Council apportioned the selected GOA-wide
Chinook salmon PSC limit between the Central and Western GOA on the
basis of annual Chinook salmon PSC levels and pollock harvests in each
area, set at an equal ratio during 2001 to 2010 excluding 2007 and
2010, with an adjustment intended to prevent either area from bearing a
disproportionate share of the economic impact of the PSC limit. To
apportion the 25,000 Chinook salmon PSC limit, the Council recommended
a PSC limit for the Western GOA PSC that reflects the output of this
formula, applied to a total GOA-wide PSC limit of 22,500 Chinook
salmon, with no adjustment. The Council recommended a PSC limit for the
Central GOA that reflects the output of this formula, applied to a GOA-
wide PSC limit of 22,500 Chinook salmon, adjusted to allow for an
additional 2,500 Chinook salmon. The Council recommended this increase
to the Central GOA Chinook salmon PSC limit to enable a greater
proportion of the overall pollock TAC to be harvested from the GOA and
to more evenly balance the economic impacts to fishery participants in
the Central GOA and fishery participants in the Western GOA. The
analysis indicated that a Chinook salmon PSC limit in the Central GOA,
based strictly on historic catch in the two areas with no adjustment,
would have resulted in larger amounts of foregone pollock harvest by
the pollock fishery in the Central GOA historically than the amount of
pollock harvest that would have been foregone by the pollock fishery in
the Western GOA under the corresponding limit in the Western GOA. The
adjustment would likely reduce the amount of foregone pollock harvest
in the Central GOA and the GOA as a whole. The adjustment would likely
increase the total benefits realized from the harvest of the pollock
resource and contribute toward the achievement of optimum yield from
the GOA groundfish fishery as a whole, consistent with National
Standard 1.
The EA/RIR/IRFA indicates that under this action, the Central and
Western GOA pollock fisheries should be able to harvest the full
pollock TAC in each area based on the lower, long-term (17 year)
average bycatch rate, although they would be unable to harvest the full
TAC based on the recent (8 year), higher average bycatch rate. The
Council intends to maintain a constraint on the fleet as an incentive
to reduce bycatch while still allowing for optimum yield from the
groundfish fishery.
If Amendment 93 is approved, it is the Council's expectation that
the PSC limits recommended in this action would be implemented in mid-
2012. If Amendment 93 is approved and PSC limits are implemented in
mid-2012, reduced PSC limits would apply in 2012, and these reduced PSC
limits would apply for the C and D seasons only (August 25 through
November 1). The Council recommended the PSC limits for the 2012 C and
D seasons at the levels of 8,929 Chinook salmon in the GOA Central
Reporting Area and 5,598 Chinook salmon in the GOA Western Reporting
Area. If the Secretary approves the program, but NMFS cannot implement
it before August 25, 2012, NMFS would implement it at the beginning of
the next full fishing year (2013).
If approved, Amendment 93 would also require temporary retention of
all salmon intercepted in the Central and Western GOA pollock fisheries
until an observer is provided the opportunity to count the number of
salmon and to collect scientific data or biological samples from the
salmon. The Amendment would not allow the sale or personal use of
retained salmon. The FMP would defer to regulations to describe the
specific requirements for retaining salmon. The proposed rule for this
action would establish the requirements for retaining and handling
intercepted salmon species in the GOA pollock fisheries in order to
allow observers to count and sample salmon to obtain scientific
information before the salmon must be discarded or donated to the
Prohibited Species Donation Program.
NMFS is soliciting public comments on proposed Amendment 93 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
would implement Amendment 93 following NMFS' evaluation of the proposed
rule under the Magnuson-Stevens Act. Public comments on the proposed
rule must be received by the end of the comment period on Amendment 93
to be considered in the approval/disapproval decision on Amendment 93.
NMFS will consider all comments received by the end of the comment
period on Amendment 93, 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 that 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: November 17, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-30267 Filed 11-22-11; 8:45 am]
BILLING CODE 3510-22-P
