Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries in the Bering Sea and Aleutian Islands, 22750-22753 [2012-9244]
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Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Proposed Rules
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strengthened if we take additional time
to allow the public, non-federal experts,
non-governmental organizations, state
and territorial governments, and
academics to review and provide
information related to the Status Review
Report and draft Management Report
prior to issuing our 12-month finding.
We will hold listening sessions and
scientific workshops in the Southeast
region and Pacific Islands region and
will then consider the information
gathered through these venues and
through written submissions to inform
our 12-month finding and, if
appropriate, a proposed listing rule.
We expect that this outreach effort
will allow the public to understand
more clearly the context in which this
petition is being evaluated and the basis
and rationale supporting our 12-month
finding. We also expect this process will
ensure that any additional relevant
scientific information available is
brought to our attention. This document
is not part of the usual rulemaking
process and is unique to NMFS’
response to the petition to list 83 coral
species. Thus, the additional outreach
conducted in this case does not
establish precedent for any other ESAlisting process.
Information Solicited
We are particularly interested in
receiving information on the following:
(1) Relevant scientific information
collected or produced since the
completion of the Status Review Report
(2011) or any relevant scientific
information not included in the Report;
and
(2) Relevant management information
not included in the draft Management
Report, such as descriptions of
regulatory mechanisms for greenhouse
gas emissions globally, and for local
threats in the 83 foreign countries and
the U.S. (Florida, Hawaii, Puerto Rico,
U.S. Virgin Islands, Guam, American
Samoa, and Northern Mariana Islands),
where the 82 coral species collectively
occur.
Although this action is not a
rulemaking, we will accept information
received in response to this solicitation
and will take such information into
account, along with the information
received on the 90-day finding (75 FR
6616; February 10, 2010), when we
make our 12-month finding on whether
CBD’s petitioned action is warranted. If
you have submitted information during
the previous comment period, there is
no need to re-submit it. We request that
all information submitted be
accompanied by supporting
documentation such as maps,
bibliographic references, or reprints of
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pertinent publications. If possible,
comments should include the heading
of the relevant section of the Status
Review Report or draft Management
Report. Please submit any information
to the ADDRESSES listed above.
Public Listening Sessions and Scientific
Workshops
In addition to soliciting input from
the public on the Status Review Report
and draft Management Report, we will
hold one public listening session and
one scientific workshop in each of the
two relevant regions: the Southeast and
Pacific Islands, during which we will
explain the evaluation process and the
public and experts will have
opportunity to provide any additional
relevant information on this matter.
Dates, times, and locations of these
meetings will be announced in a
subsequent Federal Register document
and on our Web site at: https://
www.nmfs.noaa.gov/stories/2012/04/
4_13_12corals_petition.html.
We have not yet published a proposed
listing rule for the 82 coral species.
Therefore, we cannot consider
comments on whether a determination
should be made as to whether some or
all of the petitioned corals are an
endangered or threatened species. The
ESA also prohibits us from taking
economic or social impacts into
consideration in any listing decisions.
Accordingly, we cannot consider
comments on these matters.
Authority: 16 U.S.C. 1531 et seq.
Dated: April 12, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–9243 Filed 4–16–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–XA975
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish Fisheries
in the Bering Sea and Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; intent to prepare an
environmental impact statement,
request for comments.
AGENCY:
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NMFS, in consultation with
the North Pacific Fishery Management
Council (Council), announces its intent
to prepare an environmental impact
statement (EIS) on Steller sea lion
protection measures for the Bering Sea
and Aleutian Islands management area
(BSAI) groundfish fisheries, in
accordance with the National
Environmental Policy Act of 1969. The
proposed action would restrict
groundfish fishing in the BSAI to ensure
the groundfish fisheries are not likely to
result in jeopardy of continued
existence or adverse modification or
destruction of designated critical habitat
(JAM) for the western distinct
population segment (DPS) of Steller sea
lions. The western DPS of Steller sea
lions is listed as endangered under the
Endangered Species Act (ESA) and
NMFS must ensure that the groundfish
fisheries are not likely to result in JAM
for this DPS. NMFS intends to work
with stakeholders to develop fisheries
restrictions that avoid the likelihood of
JAM and minimize the potential
economic impact on the fishing industry
to the extent practicable while meeting
the requirements of the ESA. The
analysis in the EIS will determine the
impacts to the human environment
resulting from this proposed action and
the alternatives. In scoping for the EIS,
NMFS will accept written comments
from the public to determine the issues
of concern; the appropriate range of
management alternatives; and the direct,
indirect, and cumulative impacts.
NMFS, in coordination with the
Council, will conduct a public meeting
at the October 2012 Council meeting to
inform the public of this proposed
action and alternatives, present issues
and potential impacts, and gather public
comment.
DATES: Written comments must be
received by 5 p.m. Alaska Standard
Time (AST), October 15, 2012.
ADDRESSES: You may submit comments
on this action, identified by NOAA–
NMFS–2012–0013, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0013 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on that line.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
SUMMARY:
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Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Proposed Rules
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
• Fax: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Fax comments to 907–
586–7557.
• Hand delivery to the Federal
Building: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Deliver comments to
709 West 9th Street, Room 420A,
Juneau, AK.
Instructions: 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 and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address) submitted
voluntarily by the sender will 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). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
Electronic copies of the 2010
environmental assessment and
biological opinion prepared for the
Steller sea lion protection measures are
available from https://
www.regulations.gov or from the NMFS
Alaska Region Web site at https://
alaskafisheries.noaa.gov/
sustainablefisheries/sslpm/.
FOR FURTHER INFORMATION CONTACT:
Melanie Brown, (907) 586–7228.
SUPPLEMENTARY INFORMATION: Under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the United
States has exclusive fishery
management authority over all living
marine resources found within the
exclusive economic zone. The
management of these marine resources,
with the exception of certain marine
mammals and birds, is vested in the
Secretary of Commerce. The Council has
the responsibility to prepare fishery
management plans for those marine
resources off Alaska requiring
conservation and management.
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Management of the Federal groundfish
fishery in the BSAI is carried out under
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The FMP, its amendments, and
implementing regulations (found at 50
CFR part 679) are developed in
accordance with the requirements of the
Magnuson-Stevens Act and other
applicable Federal laws and executive
orders, notably the National
Environmental Policy Act (NEPA) and
the ESA.
Alaska Groundfish Fisheries Steller Sea
Lion Protection Measures
Steller sea lion protection measures
have been used to manage the
groundfish fisheries since 1999 (64 FR
3437, January 22, 1999) and have been
annually revised in 2000 through 2004.
Details of these rules are available at the
NMFS Alaska Region Web site at
https://www.alaskafisheries.noaa.gov/
sustainablefisheries/sslpm/. The
protection measures have been used to
mitigate the potential adverse effects of
the groundfish fisheries on Steller sea
lions and on their designated critical
habitat. Steller sea lions may be
incidentally taken in fishing gear, may
be disturbed by fishing activities, and
may compete with groundfish fisheries
for important prey species. Atka
mackerel, Pacific cod, and pollock are
important Steller sea lion prey species
that also are harvested in the groundfish
fisheries. The protection measures
temporally and spatially disperse Atka
mackerel, Pacific cod, and pollock
harvest to reduce potential impacts from
the groundfish fisheries on Steller sea
lions and on their designated critical
habitat. Spatial protection measures
include closures of areas to groundfish
fishing near Steller sea lion haulouts
and rookeries, and in foraging areas, to
reduce potential interactions with
Steller sea lions and fishing vessels and
to reduce potential impacts on prey
resources in locations important to
Steller sea lions. Harvest of pollock,
Pacific cod, and Atka mackerel also is
temporally dispersed through seasonal
apportionments of the annual total
allowable catch for these species. The
details of the current Steller sea lion
protection measures for the Alaska
groundfish fisheries are available on the
NMFS Alaska Region Web site at
https://www.alaskafisheries.noaa.gov/
sustainablefisheries/sslpm/.
In 2010, NMFS completed an ESA
section 7 consultation on the effects of
the Alaska groundfish fisheries on ESAlisted species, including the western
DPS of Steller sea lions, and on
designated critical habitat. Based on the
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best available commercial and scientific
information, the consultation resulted in
a biological opinion (2010 Biop) that
found that the Steller sea lion protection
measures implemented in the BSAI
since 2003 could not ensure that the
groundfish fisheries were not likely to
result in JAM for the western DPS of
Steller sea lions. A reasonable and
prudent alternative (RPA) to the
protection measures was included in the
2010 Biop to ensure the groundfish
fisheries were not likely to result in
JAM. This RPA was implemented by an
interim final rule as the 2011 Steller sea
lion protection measures (75 FR 77535,
December 13, 2010, corrected 75 FR
81921, December 29, 2010).
The 2011 Steller sea lion protection
measures primarily affected the Pacific
cod and Atka mackerel fisheries in the
Aleutian Islands subarea and were in
addition to previous measures adopted
since 2004. The 2010 Biop determined
that the weight of evidence indicated
that fisheries may remove prey species
important to Steller sea lions, which
may affect the reproduction and
numbers of Steller sea lions and
adversely modify the conservation value
of their critical habitat in Statistical
Areas 543, 542, and 541. Competition
with fisheries for prey is likely one
component of an intricate suite of
natural and anthropogenic factors
affecting Steller sea lion numbers and
reproduction. While natural factors may
be contributing, NMFS must ensure that
actions authorized by NMFS are not
likely to appreciably reduce the
likelihood of survival and recovery of
the western DPS of Steller sea lions,
which is required to avoid the
likelihood of JAM.
The RPA was developed based on
performance standards that address the
effects of the groundfish fisheries—and
the population status and foraging
behavior of Steller sea lions—in the
Aleutian Islands subarea. The details of
these standards are in the 2010 Biop
(see ADDRESSES). The RPA was
structured to mitigate effects of the
fishery in locations where Steller sea
lion abundance continues to decline
(Statistical Areas 543, 542, and 541).
One of the performance standards
requires that the protection measures be
commensurate with the rate of Steller
sea lion population declines, with more
stringent measures in those locations
with greater population declines. The
RPA meets this standard by applying
more fisheries restrictions in Area 543,
where Steller sea lions have the highest
population decline, and applying fewer
fisheries restrictions in Areas 542 and
541, where Steller sea lion population
decline is less than in Area 543.
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Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Proposed Rules
Implementation of the RPA is expected
to minimize local competition between
Steller sea lions and the Atka mackerel
and Pacific cod fisheries in Area 543.
This is intended to improve foraging
success and prey availability for
juvenile and adult Steller sea lions,
which is expected to lead to higher
survival and natality rates. The RPA
also reduces the competitive overlap
between Steller sea lions and fisheries
for Atka mackerel and Pacific cod in
Areas 542 and 541. This is intended to
improve foraging success and prey
availability for Steller sea lions,
particularly adult females with
dependent young in winter, which is
expected to lead to higher natality rates
and survival.
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Litigation on the 2011 Steller Sea Lion
Protection Measures
On March 5, 2012, NMFS was ordered
by the U.S. District Court of Alaska to
prepare an EIS on the Steller sea lion
protection measures implemented in
January 2011 (75 FR 77535, December
13, 2010, corrected 75 FR 81921,
December 29, 2010). The Court’s
decision and order for this action are
available on the NMFS Alaska Region
Web site at https://
alaskafisheries.noaa.gov/
sustainablefisheries/sslpm/eis/. The
Court ordered NMFS to prepare an EIS
for the Steller sea lion protection
measures because NMFS failed to
provide sufficient environmental
information for informed public
comment to the agency decision-making
and failed to provide for adequate
public participation when it prepared
the environmental assessment for this
action in 2010 (see ADDRESSES). Two
areas identified by the Court as
scientifically controversial were the use
of single species rather than
multispecies models for groundfish
fisheries stock assessments and the
effects of the groundfish fisheries on the
availability of Steller sea lion prey
resources.
The Court ordered the completion of
the final EIS by March 2, 2014. The
Court also ordered that any subsequent
rulemaking for the BSAI groundfish
fisheries as a result of the EIS must be
completed by January 1, 2015.
Proposed Action
The proposed action is a set of
protection measures that would ensure
groundfish fishing in the BSAI is not
likely to result in JAM for the western
DPS of Steller sea lions. Spatial and
temporal dispersion of the harvest of
Steller sea lion prey species would be
included in the protection measures to
reduce potential adverse impacts. The
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protection measures should ensure the
groundfish fisheries are not likely to
result in JAM while minimizing
economic impact on fishery participants
to the extent practicable.
Alternative Management Measures
The EIS will evaluate a range of
alternative management measures for
the BSAI groundfish fisheries with focus
on the Aleutian Islands groundfish
fisheries management. Alternatives may
be developed based on the elements
identified here, and those developed
through the public scoping and Council
processes. Possible alternatives could be
constructed from one or more of the
following alternatives, and public
suggestions on the specific features for
these alternatives are requested:
1. The status quo alternative to
continue implementation of the 2011
Steller sea lion protection measures and
management of the groundfish fisheries
under the FMP.
2. An alternative recommended by the
Council that is intended to maintain
protection of Steller sea lions while
reducing fishing restrictions imposed by
the 2011 Steller sea lion protection
measures, particularly for the Pacific
cod and Atka mackerel fisheries in the
Aleutian Islands subarea.
3. An alternative that provides
precautionary, additional protection to
Steller sea lions in the Aleutian Islands
beyond those provided by the 2011
Steller sea lion protection measures.
4. An alternative that changes the
2011 Steller sea lion protection
measures based on information since
development of the 2010 biological
opinion, and may be more or less
restrictive than status quo.
The Council will recommend
alternatives for analysis in the EIS. The
Council’s Steller Sea Lion Mitigation
Committee may review the latest
scientific information regarding the
biology of Steller sea lions and fisheries
interaction, and may develop alternative
Steller sea lion protection measures for
the Aleutian Islands groundfish
fisheries for the Council’s consideration.
NMFS may develop additional
alternatives to ensure that a reasonable
range of alternatives is analyzed and
that its responsibilities under the
Magnuson-Stevens Act, the ESA, and
other applicable law are met.
Preliminary Identification of Issues
A principal objective of the scoping
and public input process is to identify
potentially significant impacts to the
human environment that should be
analyzed in the EIS. The analysis will
evaluate the impacts of the alternatives
for all resources, species, and issues that
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may be directly or indirectly affected by
the Steller sea lion protection measures
for the BSAI groundfish fisheries. The
following components of the biological
and physical environment may be
evaluated: (1) Target and non-target fish
stocks, forage fish, and prohibited
species (including Pacific halibut,
Pacific salmon, and crab); (2) species
listed under the ESA and their critical
habitat; (3) seabirds; (4) marine
mammals; (5) habitat; and (6) the
ecosystem. The target species analysis
would include examination of the use of
single species and multispecies stock
assessment models. The latest
information regarding interactions
between the groundfish fisheries and
Steller sea lions for prey resources
would be examined in the EIS. The
direct, indirect, and cumulative impacts
on the environmental components
would be based on the environmental
assessment prepared for the 2011 Steller
sea lion protection measures with
revisions based on the alternatives and
issues identified in scoping, and the
best available information during the
development of the EIS.
The baseline used to compare the
impacts of the alternatives on the
human environment is recommended to
be the human environment in the BSAI
between 2004 and 2010. This time
period represents the condition of the
environment before the implementation
of the 2011 Steller sea lion protection
measures, includes the most complete
data set of fisheries catch information,
and provides a reasonable time period
to compare potential effects of all
alternatives, including status quo,
which has only been implemented for 1
year. Public review and comments on
the baseline for the analysis during the
scoping period are welcome.
Social and economic impacts caused
by changes to Steller sea lion protection
measures also would be considered in
terms of the effects on the following
groups of individuals: (1) Those who
participate in harvesting groundfish
(particularly Pacific cod and Atka
mackerel in the Aleutian Islands
subarea); (2) those who process and
market Pacific cod and Atka mackerel
and their products; (3) those who
consume Pacific cod and Atka mackerel
products; (4) those who rely on living
marine resources caught in the
management area, particularly Pacific
cod, Atka mackerel and Steller sea lions;
(5) those who benefit from commercial,
subsistence, and recreational fisheries
and Steller sea lion harvest; and (6)
fishing communities, including Adak,
AK.
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Public Involvement
Scoping is an early and open process
for determining the scope of issues,
alternatives, and impacts to be
addressed in an EIS, and for identifying
the significant issues related to the
proposed action. A principal objective
of the scoping and public involvement
process is to identify a range of
reasonable management alternatives
that, with adequate analysis, will
delineate critical issues and provide a
clear basis for distinguishing among
those alternatives and selecting a
preferred alternative. Through this
notice, NMFS is notifying the public
that an EIS and decision-making process
for this proposed action have been
initiated so that interested or affected
people may participate and contribute
to the final decision.
NMFS is seeking written public
comments on the scope of issues,
potential impacts, and alternatives that
should be considered for the Steller sea
lion protection measures. Written
comments will be accepted at the
address above (see ADDRESSES). Written
comments should be as specific as
possible to be the most helpful. Written
comments received during the scoping
process, including the names and
addresses of those submitting them, will
be considered part of the public record
for this proposal and will be available
for public inspection.
The public is invited to participate at
the Council and any Steller Sea Lion
Mitigation Committee meetings where
the latest scientific information
regarding Steller sea lions and fisheries
interactions with the BSAI groundfish
fisheries is reviewed and alternative
Steller sea lion protection measures may
be developed and evaluated. During the
scoping period, and in conjunction with
the October 2012 Council meeting, a
public meeting will be held where this
proposed action and alternatives, issues,
and potential impacts will be discussed.
The public may participate by
submitting written comments or by
testifying at these public meetings.
Notice of future Council and Steller Sea
Lion Mitigation Committee meetings,
and any other public meetings where
these issues will be discussed, will be
published in the Federal Register and
posted on the Internet at https://
alaskafisheries.noaa.gov/
sustainablefisheries/sslpm/eis/. Please
visit this Web site for more information
on this EIS and for guidance on
submitting effective public comments.
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Dated: April 12, 2012.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–9244 Filed 4–16–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BB42
Fisheries of the Exclusive Economic
Zone Off Alaska and Pacific Halibut
Fisheries; Observer Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearings.
AGENCY:
NMFS will publish a
proposed rule in the Federal Register to
restructure the funding and deployment
system for observers in North Pacific
groundfish and halibut fisheries via
Amendment 86 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (BSAI FMP) and
Amendment 76 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (GOA FMP). The public
comment period for the subject
proposed rule will close 60 days after
date of publication of the proposed rule
in the Federal Register. We will hold
public hearings to receive oral and
written comments on the proposed
regulations during the public comment
period.
DATES: The meetings will be held in
April and May, 2012. For specific dates
and times, see SUPPLEMENTARY
INFORMATION.
SUMMARY:
The meetings will be held
in Seattle, WA, Newport, OR, and
Juneau, AK. For specific locations, see
SUPPLEMENTARY INFORMATION.
You may submit written comments,
identified by FDMS Docket Number
NOAA–NMFS–2011–0210, by any one
of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal Web site at
https://www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘Submit a Comment’’
icon, then enter NOAA–NMFS–2011–
0210 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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22753
‘‘Submit a Comment’’ icon on the right
of that line.
• Mail: Address 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.
• Fax: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Fax comments to 907–
586–7557.
• Hand delivery to the Federal
Building: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Deliver comments to
709 West 9th Street, Room 420A,
Juneau, AK.
• Hand delivery to NMFS at one of
the public hearings listed in this notice.
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 and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
voluntarily submitted by the commenter
will 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). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
Electronic copies of the proposed rule
to implement Amendment 86 to the
BSAI FMP and Amendment 76 to the
GOA FMP and 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 NMFS
Alaska Region Web site at https://
alaskafisheries.noaa.gov.
A copy of the proposed rule that will
be published in the Federal Register is
available on NMFS Alaska Region’s Web
page (https://
www.alaskafisheries.noaa.gov/
sustainablefisheries/observers/
default.htm).
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]]>Agencies
[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Proposed Rules]
[Pages 22750-22753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9244]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-XA975
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Fisheries in the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; intent to prepare an environmental impact statement,
request for comments.
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SUMMARY: NMFS, in consultation with the North Pacific Fishery
Management Council (Council), announces its intent to prepare an
environmental impact statement (EIS) on Steller sea lion protection
measures for the Bering Sea and Aleutian Islands management area (BSAI)
groundfish fisheries, in accordance with the National Environmental
Policy Act of 1969. The proposed action would restrict groundfish
fishing in the BSAI to ensure the groundfish fisheries are not likely
to result in jeopardy of continued existence or adverse modification or
destruction of designated critical habitat (JAM) for the western
distinct population segment (DPS) of Steller sea lions. The western DPS
of Steller sea lions is listed as endangered under the Endangered
Species Act (ESA) and NMFS must ensure that the groundfish fisheries
are not likely to result in JAM for this DPS. NMFS intends to work with
stakeholders to develop fisheries restrictions that avoid the
likelihood of JAM and minimize the potential economic impact on the
fishing industry to the extent practicable while meeting the
requirements of the ESA. The analysis in the EIS will determine the
impacts to the human environment resulting from this proposed action
and the alternatives. In scoping for the EIS, NMFS will accept written
comments from the public to determine the issues of concern; the
appropriate range of management alternatives; and the direct, indirect,
and cumulative impacts. NMFS, in coordination with the Council, will
conduct a public meeting at the October 2012 Council meeting to inform
the public of this proposed action and alternatives, present issues and
potential impacts, and gather public comment.
DATES: Written comments must be received by 5 p.m. Alaska Standard Time
(AST), October 15, 2012.
ADDRESSES: You may submit comments on this action, identified by NOAA-
NMFS-2012-0013, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2012-0013 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on that line.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn:
[[Page 22751]]
Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-
1668.
Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to 907-586-7557.
Hand delivery to the Federal Building: Address written
comments to Glenn Merrill, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau,
AK.
Instructions: 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 and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address) submitted voluntarily by the sender
will 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). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
Electronic copies of the 2010 environmental assessment and
biological opinion prepared for the Steller sea lion protection
measures are available from https://www.regulations.gov or from the NMFS
Alaska Region Web site at https://alaskafisheries.noaa.gov/sustainablefisheries/sslpm/.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, (907) 586-7228.
SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the United
States has exclusive fishery management authority over all living
marine resources found within the exclusive economic zone. The
management of these marine resources, with the exception of certain
marine mammals and birds, is vested in the Secretary of Commerce. The
Council has the responsibility to prepare fishery management plans for
those marine resources off Alaska requiring conservation and
management. Management of the Federal groundfish fishery in the BSAI is
carried out under the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (FMP). The FMP, its
amendments, and implementing regulations (found at 50 CFR part 679) are
developed in accordance with the requirements of the Magnuson-Stevens
Act and other applicable Federal laws and executive orders, notably the
National Environmental Policy Act (NEPA) and the ESA.
Alaska Groundfish Fisheries Steller Sea Lion Protection Measures
Steller sea lion protection measures have been used to manage the
groundfish fisheries since 1999 (64 FR 3437, January 22, 1999) and have
been annually revised in 2000 through 2004. Details of these rules are
available at the NMFS Alaska Region Web site at https://www.alaskafisheries.noaa.gov/sustainablefisheries/sslpm/. The
protection measures have been used to mitigate the potential adverse
effects of the groundfish fisheries on Steller sea lions and on their
designated critical habitat. Steller sea lions may be incidentally
taken in fishing gear, may be disturbed by fishing activities, and may
compete with groundfish fisheries for important prey species. Atka
mackerel, Pacific cod, and pollock are important Steller sea lion prey
species that also are harvested in the groundfish fisheries. The
protection measures temporally and spatially disperse Atka mackerel,
Pacific cod, and pollock harvest to reduce potential impacts from the
groundfish fisheries on Steller sea lions and on their designated
critical habitat. Spatial protection measures include closures of areas
to groundfish fishing near Steller sea lion haulouts and rookeries, and
in foraging areas, to reduce potential interactions with Steller sea
lions and fishing vessels and to reduce potential impacts on prey
resources in locations important to Steller sea lions. Harvest of
pollock, Pacific cod, and Atka mackerel also is temporally dispersed
through seasonal apportionments of the annual total allowable catch for
these species. The details of the current Steller sea lion protection
measures for the Alaska groundfish fisheries are available on the NMFS
Alaska Region Web site at https://www.alaskafisheries.noaa.gov/sustainablefisheries/sslpm/.
In 2010, NMFS completed an ESA section 7 consultation on the
effects of the Alaska groundfish fisheries on ESA-listed species,
including the western DPS of Steller sea lions, and on designated
critical habitat. Based on the best available commercial and scientific
information, the consultation resulted in a biological opinion (2010
Biop) that found that the Steller sea lion protection measures
implemented in the BSAI since 2003 could not ensure that the groundfish
fisheries were not likely to result in JAM for the western DPS of
Steller sea lions. A reasonable and prudent alternative (RPA) to the
protection measures was included in the 2010 Biop to ensure the
groundfish fisheries were not likely to result in JAM. This RPA was
implemented by an interim final rule as the 2011 Steller sea lion
protection measures (75 FR 77535, December 13, 2010, corrected 75 FR
81921, December 29, 2010).
The 2011 Steller sea lion protection measures primarily affected
the Pacific cod and Atka mackerel fisheries in the Aleutian Islands
subarea and were in addition to previous measures adopted since 2004.
The 2010 Biop determined that the weight of evidence indicated that
fisheries may remove prey species important to Steller sea lions, which
may affect the reproduction and numbers of Steller sea lions and
adversely modify the conservation value of their critical habitat in
Statistical Areas 543, 542, and 541. Competition with fisheries for
prey is likely one component of an intricate suite of natural and
anthropogenic factors affecting Steller sea lion numbers and
reproduction. While natural factors may be contributing, NMFS must
ensure that actions authorized by NMFS are not likely to appreciably
reduce the likelihood of survival and recovery of the western DPS of
Steller sea lions, which is required to avoid the likelihood of JAM.
The RPA was developed based on performance standards that address
the effects of the groundfish fisheries--and the population status and
foraging behavior of Steller sea lions--in the Aleutian Islands
subarea. The details of these standards are in the 2010 Biop (see
ADDRESSES). The RPA was structured to mitigate effects of the fishery
in locations where Steller sea lion abundance continues to decline
(Statistical Areas 543, 542, and 541). One of the performance standards
requires that the protection measures be commensurate with the rate of
Steller sea lion population declines, with more stringent measures in
those locations with greater population declines. The RPA meets this
standard by applying more fisheries restrictions in Area 543, where
Steller sea lions have the highest population decline, and applying
fewer fisheries restrictions in Areas 542 and 541, where Steller sea
lion population decline is less than in Area 543.
[[Page 22752]]
Implementation of the RPA is expected to minimize local competition
between Steller sea lions and the Atka mackerel and Pacific cod
fisheries in Area 543. This is intended to improve foraging success and
prey availability for juvenile and adult Steller sea lions, which is
expected to lead to higher survival and natality rates. The RPA also
reduces the competitive overlap between Steller sea lions and fisheries
for Atka mackerel and Pacific cod in Areas 542 and 541. This is
intended to improve foraging success and prey availability for Steller
sea lions, particularly adult females with dependent young in winter,
which is expected to lead to higher natality rates and survival.
Litigation on the 2011 Steller Sea Lion Protection Measures
On March 5, 2012, NMFS was ordered by the U.S. District Court of
Alaska to prepare an EIS on the Steller sea lion protection measures
implemented in January 2011 (75 FR 77535, December 13, 2010, corrected
75 FR 81921, December 29, 2010). The Court's decision and order for
this action are available on the NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov/sustainablefisheries/sslpm/eis/. The Court
ordered NMFS to prepare an EIS for the Steller sea lion protection
measures because NMFS failed to provide sufficient environmental
information for informed public comment to the agency decision-making
and failed to provide for adequate public participation when it
prepared the environmental assessment for this action in 2010 (see
ADDRESSES). Two areas identified by the Court as scientifically
controversial were the use of single species rather than multispecies
models for groundfish fisheries stock assessments and the effects of
the groundfish fisheries on the availability of Steller sea lion prey
resources.
The Court ordered the completion of the final EIS by March 2, 2014.
The Court also ordered that any subsequent rulemaking for the BSAI
groundfish fisheries as a result of the EIS must be completed by
January 1, 2015.
Proposed Action
The proposed action is a set of protection measures that would
ensure groundfish fishing in the BSAI is not likely to result in JAM
for the western DPS of Steller sea lions. Spatial and temporal
dispersion of the harvest of Steller sea lion prey species would be
included in the protection measures to reduce potential adverse
impacts. The protection measures should ensure the groundfish fisheries
are not likely to result in JAM while minimizing economic impact on
fishery participants to the extent practicable.
Alternative Management Measures
The EIS will evaluate a range of alternative management measures
for the BSAI groundfish fisheries with focus on the Aleutian Islands
groundfish fisheries management. Alternatives may be developed based on
the elements identified here, and those developed through the public
scoping and Council processes. Possible alternatives could be
constructed from one or more of the following alternatives, and public
suggestions on the specific features for these alternatives are
requested:
1. The status quo alternative to continue implementation of the
2011 Steller sea lion protection measures and management of the
groundfish fisheries under the FMP.
2. An alternative recommended by the Council that is intended to
maintain protection of Steller sea lions while reducing fishing
restrictions imposed by the 2011 Steller sea lion protection measures,
particularly for the Pacific cod and Atka mackerel fisheries in the
Aleutian Islands subarea.
3. An alternative that provides precautionary, additional
protection to Steller sea lions in the Aleutian Islands beyond those
provided by the 2011 Steller sea lion protection measures.
4. An alternative that changes the 2011 Steller sea lion protection
measures based on information since development of the 2010 biological
opinion, and may be more or less restrictive than status quo.
The Council will recommend alternatives for analysis in the EIS.
The Council's Steller Sea Lion Mitigation Committee may review the
latest scientific information regarding the biology of Steller sea
lions and fisheries interaction, and may develop alternative Steller
sea lion protection measures for the Aleutian Islands groundfish
fisheries for the Council's consideration. NMFS may develop additional
alternatives to ensure that a reasonable range of alternatives is
analyzed and that its responsibilities under the Magnuson-Stevens Act,
the ESA, and other applicable law are met.
Preliminary Identification of Issues
A principal objective of the scoping and public input process is to
identify potentially significant impacts to the human environment that
should be analyzed in the EIS. The analysis will evaluate the impacts
of the alternatives for all resources, species, and issues that may be
directly or indirectly affected by the Steller sea lion protection
measures for the BSAI groundfish fisheries. The following components of
the biological and physical environment may be evaluated: (1) Target
and non-target fish stocks, forage fish, and prohibited species
(including Pacific halibut, Pacific salmon, and crab); (2) species
listed under the ESA and their critical habitat; (3) seabirds; (4)
marine mammals; (5) habitat; and (6) the ecosystem. The target species
analysis would include examination of the use of single species and
multispecies stock assessment models. The latest information regarding
interactions between the groundfish fisheries and Steller sea lions for
prey resources would be examined in the EIS. The direct, indirect, and
cumulative impacts on the environmental components would be based on
the environmental assessment prepared for the 2011 Steller sea lion
protection measures with revisions based on the alternatives and issues
identified in scoping, and the best available information during the
development of the EIS.
The baseline used to compare the impacts of the alternatives on the
human environment is recommended to be the human environment in the
BSAI between 2004 and 2010. This time period represents the condition
of the environment before the implementation of the 2011 Steller sea
lion protection measures, includes the most complete data set of
fisheries catch information, and provides a reasonable time period to
compare potential effects of all alternatives, including status quo,
which has only been implemented for 1 year. Public review and comments
on the baseline for the analysis during the scoping period are welcome.
Social and economic impacts caused by changes to Steller sea lion
protection measures also would be considered in terms of the effects on
the following groups of individuals: (1) Those who participate in
harvesting groundfish (particularly Pacific cod and Atka mackerel in
the Aleutian Islands subarea); (2) those who process and market Pacific
cod and Atka mackerel and their products; (3) those who consume Pacific
cod and Atka mackerel products; (4) those who rely on living marine
resources caught in the management area, particularly Pacific cod, Atka
mackerel and Steller sea lions; (5) those who benefit from commercial,
subsistence, and recreational fisheries and Steller sea lion harvest;
and (6) fishing communities, including Adak, AK.
[[Page 22753]]
Public Involvement
Scoping is an early and open process for determining the scope of
issues, alternatives, and impacts to be addressed in an EIS, and for
identifying the significant issues related to the proposed action. A
principal objective of the scoping and public involvement process is to
identify a range of reasonable management alternatives that, with
adequate analysis, will delineate critical issues and provide a clear
basis for distinguishing among those alternatives and selecting a
preferred alternative. Through this notice, NMFS is notifying the
public that an EIS and decision-making process for this proposed action
have been initiated so that interested or affected people may
participate and contribute to the final decision.
NMFS is seeking written public comments on the scope of issues,
potential impacts, and alternatives that should be considered for the
Steller sea lion protection measures. Written comments will be accepted
at the address above (see ADDRESSES). Written comments should be as
specific as possible to be the most helpful. Written comments received
during the scoping process, including the names and addresses of those
submitting them, will be considered part of the public record for this
proposal and will be available for public inspection.
The public is invited to participate at the Council and any Steller
Sea Lion Mitigation Committee meetings where the latest scientific
information regarding Steller sea lions and fisheries interactions with
the BSAI groundfish fisheries is reviewed and alternative Steller sea
lion protection measures may be developed and evaluated. During the
scoping period, and in conjunction with the October 2012 Council
meeting, a public meeting will be held where this proposed action and
alternatives, issues, and potential impacts will be discussed. The
public may participate by submitting written comments or by testifying
at these public meetings. Notice of future Council and Steller Sea Lion
Mitigation Committee meetings, and any other public meetings where
these issues will be discussed, will be published in the Federal
Register and posted on the Internet at https://alaskafisheries.noaa.gov/sustainablefisheries/sslpm/eis/. Please visit this Web site for more
information on this EIS and for guidance on submitting effective public
comments.
Dated: April 12, 2012.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-9244 Filed 4-16-12; 8:45 am]
BILLING CODE 3510-22-P
