Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Groundfish of the Bering Sea and Aleutian Islands, 25558-25560 [2014-10210]

Download as PDF 25558 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules through the Office of Management and Budget, explanations when the agency decides not to use available and applicable VCS. This action does not involve technical standards. Therefore, the EPA did not consider the use of any VCS. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies and activities on minority populations and low-income populations in the U.S. The EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. This action proposes technical amendments to minor, inadvertent, nonsubstantive errors in the designations for certain areas. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: April 15, 2014. Gina McCarthy, Administrator. [FR Doc. 2014–09271 Filed 5–2–14; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 14–54; RM–11698; DA 14– 460] wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Radio Broadcasting Services; Toquerville, Utah Federal Communications Commission. ACTION: Proposed rule. AGENCY: This document requests comments on a Petition for Rule Making filed by JER Licenses, LLC, winning bidder in Auction 93 for Channel 281C3 at Peach Spring, Arizona. The petition SUMMARY: VerDate Mar<15>2010 15:41 May 02, 2014 Jkt 232001 proposes the substitution of Channel 246C for vacant Channel 280C at Toquerville, Utah to accommodate the hybrid application requesting the downgrade of the new FM station, from Channel 281C3 to Chanel 280A at Peach Springs, Arizona. A staff engineering analysis indicates that Channel 246C can be allotted to Toquerville, Utah consistent with the minimum distance separation requirements of the Commission’s Rules with a site restriction located 46.7 kilometers (29 miles) northeast of Toquerville. The reference coordinates are 37–34–28 NL and 112–56–33 WL. DATES: Comments must be filed on or before May 26, 2014, and reply comments on or before June 10, 2014. ADDRESSES: Secretary, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner as follows: A. Wray Fitch III, Esq, Gammon & Grange, P.C., 8280 Greensboro Drive, 7th Floor, McLean, Virginia 22102–3807. FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 418–2700. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. 14–54, adopted April 3, 2014, and released April 4, 2014. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 12th Street SW., Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th Street SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–378–3160 or via email www.BCPIWEB.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of l980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR Part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336 and 339. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Utah, is amended by removing, Channel 280C at Toquerville; and by adding Channel 246C at Toquerville. ■ [FR Doc. 2014–10124 Filed 5–2–14; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648–BD98 Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Groundfish of the Bering Sea and Aleutian Islands National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of fishery management plan amendments; request for comments. AGENCY: The North Pacific Fishery Management Council (Council) submitted Amendment 100 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 91 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA SUMMARY: E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules FMP). If approved, these amendments would add grenadiers to the ecosystem component category in the BSAI FMP and GOA FMP. This proposed action is necessary to limit and monitor the incidental catch of grenadiers in the groundfish fisheries. This proposed action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable law. Comments must be received no later than July 7, 2014. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2014–0023, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20140023, 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). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Electronic copies of Amendment 100 to the BSAI FMP, Amendment 91 to the GOA FMP, and the Environmental Assessment, the Regulatory Impact Review, and the Initial Regulatory Flexibility Analysis (collectively, Analysis) prepared for this action are available from www.regulations.gov or from the NMFS Alaska Region Web site at alaskafisheries.noaa.gov. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to NMFS and by wreier-aviles on DSK5TPTVN1PROD with PROPOSALS DATES: VerDate Mar<15>2010 15:41 May 02, 2014 Jkt 232001 email to OIRA_Submission@ omb.eop.gov or fax to (202) 395–7285. FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 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 100 to the BSAI FMP and Amendment 91 to the GOA FMP are available for public review and comment. NMFS manages the groundfish fisheries in the exclusive economic zone of the GOA and BSAI under the GOA FMP and BSAI FMP (collectively, the FMPs). The Council prepared these FMPs under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations implementing the FMPs appear at 50 CFR part 679. General regulations governing U.S. fisheries also appear at 50 CFR part 600. The groundfish fisheries in the BSAI and GOA incidentally catch grenadiers (family Macrouridae) while harvesting target groundfish. For many years, the Council has considered how best to classify grenadiers in the FMPs. From 1980 to 2010, grenadiers were included in the FMPs in the nonspecified species category. Nonspecified species were defined as a residual category of species and species groups of no current or foreseeable economic value or ecological importance, which are taken in the groundfish fishery as incidental catch and are in no apparent danger of depletion, and for which virtually no data exists that would allow population assessments. In 2010, the Council recommended and NMFS removed the nonspecified species category from the FMPs when the FMPs were revised to meet Magnuson-Stevens Act requirements for annual catch limits (ACLs) and accountability measures (AMs) under Amendment 96 to the BSAI FMP and Amendment 87 to the GOA FMP (Amendments 96/87, 75 FR 38454, July 2, 2010). The nonspecified species, including grenadiers, were removed from the FMPs because these species were too poorly understood to set ACLs SUPPLEMENTARY INFORMATION: PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 25559 and AMs or to develop a management regime. Amendments 96/87 also amended the FMPs to organize the species remaining in the FMPs according to the National Standard 1 guidelines (50 CFR 600.310). In the National Standard 1 guidelines, NMFS recommends two categories for species in an FMP: ‘‘Stocks in the fishery’’ and ‘‘ecosystem component (EC) species.’’ ‘‘Stocks in the fishery’’ are defined in the National Standard 1 guidelines (§ 600.310(d)(2)). ‘‘Stocks in the fishery’’ include (1) stocks that are targeted, and retained for sale or personal use; (2) stocks that are not directly targeted but are taken incidentally in other directed fisheries, and are retained for sale or personal use; or (3) stocks not targeted or retained but are taken as incidental catch and for which overfishing or overfished status may be a concern. NMFS created the EC species category to encourage ecosystem approaches to management and to incorporate ecosystem considerations for species that are not ‘‘stocks in the fishery’’ (74 FR 3178, January 16, 2009). EC species are defined in the National Standard 1 guidelines (§ 600.310(d)(5)). In order to be designated an EC, the species or species group should be (1) a nontargeted species or species group; (2) not subject to overfishing, overfished, or approaching an overfished condition; (3) not likely to become subject to overfishing or overfished in the absence of conservation and management measures; and (4) not generally retained for sale or personal use. Amendments 96/87 established the EC category and designated prohibited species (which include salmon, steelhead trout, crab, halibut, and herring) and forage fish (as defined in Table 2c to part 679 and § 679.20(i)) as EC species in the FMPs. For EC species, NMFS maintained conservation regulations applicable to the specific EC species. These include prohibiting the retention of prohibited species, prohibiting directed fishing for forage fish, and establishing a limit on the incidental harvest of forage fish while directed fishing for other groundfish species, known as a maximum retainable amount, of 2 percent. Regulations at 50 CFR 679.2 define the term ‘‘directed fishing.’’ Regulations at § 679.20(e) describe the application and calculation of maximum retainable amounts. When the Council recommended Amendments 96/87, it recognized that as information on a nonspecified species improves, it would consider moving that species back into the FMP, either as a ‘‘stock in the fishery’’ or as E:\FR\FM\05MYP1.SGM 05MYP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 25560 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules an EC species. In 2010, the Council initiated an analysis to consider moving grenadiers back into the FMPs. The Council determined that sufficient information exists for grenadiers to address them in the FMPs, as reflected in the Analysis prepared for this action (see ADDRESSES). The Analysis provides the best available information on grenadiers and considers two action alternatives: Include grenadiers in the FMP as an EC species, or include grenadiers in the FMP as a ‘‘stock in the fishery.’’ In February 2014, the Council voted unanimously to recommend Amendments 100/91 to the FMPs to add grenadiers to the EC category in the FMPs. The Council and NMFS recognized that adding grenadiers to the FMPs in the EC category would acknowledge their role in the ecosystem and limit the groundfish fisheries’ impact on grenadiers. Adding grenadiers to the EC category allows for improved data collection and catch monitoring appropriate for grenadiers given their abundance, distribution, and catch. The Council and NMFS determined that grenadiers are not a ‘‘stock in the fishery’’ because (1) grenadiers are not a target stock; (2) they are not generally retained for sale or personal use; and (3) they are not overfished, subject to overfishing, or approaching overfished or overfishing. The following information describes why grenadiers would be appropriate to include in the FMPs as an EC species based on information summarized from the Analysis. Grenadiers are not a targeted species group and are not generally retained for sale or personal use. Grenadiers have no current or foreseeable economic value. Section 3.3 of the Analysis explains that grenadiers are incidentally caught in deep water trawl and hook-and-line fisheries, but are not actively targeted or purposefully retained. In 2013, there was almost no reported retention of grenadiers in the BSAI (only 1 metric ton (t) or 2,205 pounds (lb)), and, in the GOA, only 55 t (121,254 lb) of grenadiers were retained. This represents a GOA fishery-wide retention rate of less than one half of one percent. Of this retention of grenadiers, 35 t (77,162 lb) was made into fish meal, 17 t (37,479 lb) was discarded at the dock, 3 t (6,614 lb) was retained for bait, and less than 1 t (2,205 lb) was sold. Thus, there is no evidence that grenadiers are presently being targeted or generally retained. It is likely that grenadiers are VerDate Mar<15>2010 15:41 May 02, 2014 Jkt 232001 being retained only when mixed with other catch. Grenadiers are not generally retained for sale or personal consumption. As explained in Section 3.3.4 of the Analysis, attempts to create a marketable product from giant grenadiers have been unsuccessful. Grenadiers have very low protein content, high moisture content, and are generally regarded as mushy and unpalatable. No current market exists for grenadiers, and it is unlikely that one will be developed in the foreseeable future. Grenadiers are not generally retained for personal use. A small portion of the total catch of grenadiers is known to be retained for use as bait (e.g., 3 t (6,614 lb) in the GOA in 2013). Although grenadiers may be retained for use as bait in hook-and-line fisheries, there is no indication that this is a general practice throughout the hook-and-line fleets. NMFS notes that existing recordkeeping and reporting for the use of grenadiers is voluntary, and could underestimate the amount of grenadiers used for bait. However, the best available information indicates that grenadiers are not generally retained for bait. At the current level of catch, grenadiers are not subject to overfishing, overfished, or approaching an overfished condition, and are not likely to become subject to overfishing or overfished in the absence of conservation and management measures. Section 3.2 of the Analysis explains that NMFS has been conducting a stock assessment for grenadiers since 2006. At present, stock assessment information for giant grenadier is relatively good compared to many other non-target species off Alaska. Since 2010, the stock assessment has been used to estimate an acceptable biological catch (ABC) and an overfishing level (OFL), using reliable estimates of biomass and natural mortality. Giant grenadiers served as a proxy for the grenadier species group, and the estimated ABC and estimated OFL are based on giant grenadier (Albatrossia pectoralis) because relatively few other grenadier species (family Macrouridae) are caught in the groundfish fisheries or are taken in NMFS surveys. NMFS estimates the incidental catch of grenadiers in the groundfish fisheries using observer data. In the BSAI, the estimated grenadier OFL is 135,236 t (298 million lb) and the estimated catch is 5,294 t (12 PO 00000 Frm 00028 Fmt 4702 Sfmt 9990 million lb, mean for 2003–2013). In the GOA, the estimated grenadier OFL is 46,635 t (103 million lb) and the estimated catch is 8,707 t (19 million lb, mean for 2003–2013). Additionally, the Council recognized that adding grenadiers to the FMPs in the EC category would acknowledge their role in the ecosystem and limit the groundfish fisheries’ impact on grenadiers. Section 3.6 of the Analysis describes the current state of research and understanding about the ecological importance of grenadiers. For example, giant grenadier have an important ecological role given its role as an apex predator. Apex predators reside at the top of their food chain and have few to no predators of their own. In bottom trawl surveys conducted by NMFS in the Bering Sea and the GOA, giant grenadiers are the most abundant fish, in terms of weight, in depths from 600 to 3,000 feet (183–914 meters). Giant grenadiers extend much deeper than 3,000 feet (914 meters). There are reports that they have been caught deeper than 6,000 feet (1,829 meters), but little is known about their abundance in waters deeper than 3,000 feet because neither the NMFS surveys nor fishing effort presently extend below this depth. NMFS is soliciting public comments on proposed Amendments 100/91 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 Amendments 100/91, following NMFS’ evaluation of the proposed rule under the MagnusonStevens Act. All comments received by the end of the comment period on Amendments 100/91, whether specifically directed to the FMP amendment or the proposed rule, will be considered in the approval/ disapproval decision on Amendments 100/91. Comments received after that date will not be considered in the approval/disapproval decision on Amendments 100/91. To be considered, comments must be received, not just postmarked or otherwise transmitted, by the last day of the comment period. Authority: 16 U.S.C. 1801 et seq. Dated: April 30, 2014. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–10210 Filed 5–2–14; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\05MYP1.SGM 05MYP1

Agencies

[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Proposed Rules]
[Pages 25558-25560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10210]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BD98


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Gulf of Alaska; Groundfish of the Bering Sea and Aleutian 
Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of fishery management plan amendments; 
request for comments.

-----------------------------------------------------------------------

SUMMARY: The North Pacific Fishery Management Council (Council) 
submitted Amendment 100 to the Fishery Management Plan for Groundfish 
of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and 
Amendment 91 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA

[[Page 25559]]

FMP). If approved, these amendments would add grenadiers to the 
ecosystem component category in the BSAI FMP and GOA FMP. This proposed 
action is necessary to limit and monitor the incidental catch of 
grenadiers in the groundfish fisheries. This proposed action is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act, the FMPs, and other applicable 
law.

DATES: Comments must be received no later than July 7, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0023, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0023, 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). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.
    Electronic copies of Amendment 100 to the BSAI FMP, Amendment 91 to 
the GOA FMP, and the Environmental Assessment, the Regulatory Impact 
Review, and the Initial Regulatory Flexibility Analysis (collectively, 
Analysis) prepared for this action are available from 
www.regulations.gov or from the NMFS Alaska Region Web site at 
alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS and by email to OIRA_Submission@omb.eop.gov or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 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 100 to the BSAI FMP and Amendment 91 
to the GOA FMP are available for public review and comment.
    NMFS manages the groundfish fisheries in the exclusive economic 
zone of the GOA and BSAI under the GOA FMP and BSAI FMP (collectively, 
the FMPs). The Council prepared these FMPs under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations implementing 
the FMPs appear at 50 CFR part 679. General regulations governing U.S. 
fisheries also appear at 50 CFR part 600.
    The groundfish fisheries in the BSAI and GOA incidentally catch 
grenadiers (family Macrouridae) while harvesting target groundfish. For 
many years, the Council has considered how best to classify grenadiers 
in the FMPs. From 1980 to 2010, grenadiers were included in the FMPs in 
the nonspecified species category. Nonspecified species were defined as 
a residual category of species and species groups of no current or 
foreseeable economic value or ecological importance, which are taken in 
the groundfish fishery as incidental catch and are in no apparent 
danger of depletion, and for which virtually no data exists that would 
allow population assessments.
    In 2010, the Council recommended and NMFS removed the nonspecified 
species category from the FMPs when the FMPs were revised to meet 
Magnuson-Stevens Act requirements for annual catch limits (ACLs) and 
accountability measures (AMs) under Amendment 96 to the BSAI FMP and 
Amendment 87 to the GOA FMP (Amendments 96/87, 75 FR 38454, July 2, 
2010). The nonspecified species, including grenadiers, were removed 
from the FMPs because these species were too poorly understood to set 
ACLs and AMs or to develop a management regime.
    Amendments 96/87 also amended the FMPs to organize the species 
remaining in the FMPs according to the National Standard 1 guidelines 
(50 CFR 600.310). In the National Standard 1 guidelines, NMFS 
recommends two categories for species in an FMP: ``Stocks in the 
fishery'' and ``ecosystem component (EC) species.''
    ``Stocks in the fishery'' are defined in the National Standard 1 
guidelines (Sec.  600.310(d)(2)). ``Stocks in the fishery'' include (1) 
stocks that are targeted, and retained for sale or personal use; (2) 
stocks that are not directly targeted but are taken incidentally in 
other directed fisheries, and are retained for sale or personal use; or 
(3) stocks not targeted or retained but are taken as incidental catch 
and for which overfishing or overfished status may be a concern.
    NMFS created the EC species category to encourage ecosystem 
approaches to management and to incorporate ecosystem considerations 
for species that are not ``stocks in the fishery'' (74 FR 3178, January 
16, 2009). EC species are defined in the National Standard 1 guidelines 
(Sec.  600.310(d)(5)). In order to be designated an EC, the species or 
species group should be (1) a non-targeted species or species group; 
(2) not subject to overfishing, overfished, or approaching an 
overfished condition; (3) not likely to become subject to overfishing 
or overfished in the absence of conservation and management measures; 
and (4) not generally retained for sale or personal use.
    Amendments 96/87 established the EC category and designated 
prohibited species (which include salmon, steelhead trout, crab, 
halibut, and herring) and forage fish (as defined in Table 2c to part 
679 and Sec.  679.20(i)) as EC species in the FMPs. For EC species, 
NMFS maintained conservation regulations applicable to the specific EC 
species. These include prohibiting the retention of prohibited species, 
prohibiting directed fishing for forage fish, and establishing a limit 
on the incidental harvest of forage fish while directed fishing for 
other groundfish species, known as a maximum retainable amount, of 2 
percent. Regulations at 50 CFR 679.2 define the term ``directed 
fishing.'' Regulations at Sec.  679.20(e) describe the application and 
calculation of maximum retainable amounts.
    When the Council recommended Amendments 96/87, it recognized that 
as information on a nonspecified species improves, it would consider 
moving that species back into the FMP, either as a ``stock in the 
fishery'' or as

[[Page 25560]]

an EC species. In 2010, the Council initiated an analysis to consider 
moving grenadiers back into the FMPs. The Council determined that 
sufficient information exists for grenadiers to address them in the 
FMPs, as reflected in the Analysis prepared for this action (see 
ADDRESSES). The Analysis provides the best available information on 
grenadiers and considers two action alternatives: Include grenadiers in 
the FMP as an EC species, or include grenadiers in the FMP as a ``stock 
in the fishery.''
    In February 2014, the Council voted unanimously to recommend 
Amendments 100/91 to the FMPs to add grenadiers to the EC category in 
the FMPs. The Council and NMFS recognized that adding grenadiers to the 
FMPs in the EC category would acknowledge their role in the ecosystem 
and limit the groundfish fisheries' impact on grenadiers. Adding 
grenadiers to the EC category allows for improved data collection and 
catch monitoring appropriate for grenadiers given their abundance, 
distribution, and catch. The Council and NMFS determined that 
grenadiers are not a ``stock in the fishery'' because (1) grenadiers 
are not a target stock; (2) they are not generally retained for sale or 
personal use; and (3) they are not overfished, subject to overfishing, 
or approaching overfished or overfishing. The following information 
describes why grenadiers would be appropriate to include in the FMPs as 
an EC species based on information summarized from the Analysis.
    Grenadiers are not a targeted species group and are not generally 
retained for sale or personal use. Grenadiers have no current or 
foreseeable economic value. Section 3.3 of the Analysis explains that 
grenadiers are incidentally caught in deep water trawl and hook-and-
line fisheries, but are not actively targeted or purposefully retained. 
In 2013, there was almost no reported retention of grenadiers in the 
BSAI (only 1 metric ton (t) or 2,205 pounds (lb)), and, in the GOA, 
only 55 t (121,254 lb) of grenadiers were retained. This represents a 
GOA fishery-wide retention rate of less than one half of one percent. 
Of this retention of grenadiers, 35 t (77,162 lb) was made into fish 
meal, 17 t (37,479 lb) was discarded at the dock, 3 t (6,614 lb) was 
retained for bait, and less than 1 t (2,205 lb) was sold. Thus, there 
is no evidence that grenadiers are presently being targeted or 
generally retained. It is likely that grenadiers are being retained 
only when mixed with other catch.
    Grenadiers are not generally retained for sale or personal 
consumption. As explained in Section 3.3.4 of the Analysis, attempts to 
create a marketable product from giant grenadiers have been 
unsuccessful. Grenadiers have very low protein content, high moisture 
content, and are generally regarded as mushy and unpalatable. No 
current market exists for grenadiers, and it is unlikely that one will 
be developed in the foreseeable future.
    Grenadiers are not generally retained for personal use. A small 
portion of the total catch of grenadiers is known to be retained for 
use as bait (e.g., 3 t (6,614 lb) in the GOA in 2013). Although 
grenadiers may be retained for use as bait in hook-and-line fisheries, 
there is no indication that this is a general practice throughout the 
hook-and-line fleets. NMFS notes that existing recordkeeping and 
reporting for the use of grenadiers is voluntary, and could 
underestimate the amount of grenadiers used for bait. However, the best 
available information indicates that grenadiers are not generally 
retained for bait.
    At the current level of catch, grenadiers are not subject to 
overfishing, overfished, or approaching an overfished condition, and 
are not likely to become subject to overfishing or overfished in the 
absence of conservation and management measures. Section 3.2 of the 
Analysis explains that NMFS has been conducting a stock assessment for 
grenadiers since 2006. At present, stock assessment information for 
giant grenadier is relatively good compared to many other non-target 
species off Alaska. Since 2010, the stock assessment has been used to 
estimate an acceptable biological catch (ABC) and an overfishing level 
(OFL), using reliable estimates of biomass and natural mortality. Giant 
grenadiers served as a proxy for the grenadier species group, and the 
estimated ABC and estimated OFL are based on giant grenadier 
(Albatrossia pectoralis) because relatively few other grenadier species 
(family Macrouridae) are caught in the groundfish fisheries or are 
taken in NMFS surveys. NMFS estimates the incidental catch of 
grenadiers in the groundfish fisheries using observer data. In the 
BSAI, the estimated grenadier OFL is 135,236 t (298 million lb) and the 
estimated catch is 5,294 t (12 million lb, mean for 2003-2013). In the 
GOA, the estimated grenadier OFL is 46,635 t (103 million lb) and the 
estimated catch is 8,707 t (19 million lb, mean for 2003-2013).
    Additionally, the Council recognized that adding grenadiers to the 
FMPs in the EC category would acknowledge their role in the ecosystem 
and limit the groundfish fisheries' impact on grenadiers. Section 3.6 
of the Analysis describes the current state of research and 
understanding about the ecological importance of grenadiers. For 
example, giant grenadier have an important ecological role given its 
role as an apex predator. Apex predators reside at the top of their 
food chain and have few to no predators of their own. In bottom trawl 
surveys conducted by NMFS in the Bering Sea and the GOA, giant 
grenadiers are the most abundant fish, in terms of weight, in depths 
from 600 to 3,000 feet (183-914 meters). Giant grenadiers extend much 
deeper than 3,000 feet (914 meters). There are reports that they have 
been caught deeper than 6,000 feet (1,829 meters), but little is known 
about their abundance in waters deeper than 3,000 feet because neither 
the NMFS surveys nor fishing effort presently extend below this depth.
    NMFS is soliciting public comments on proposed Amendments 100/91 
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 Amendments 100/91, following NMFS' evaluation 
of the proposed rule under the Magnuson-Stevens Act. All comments 
received by the end of the comment period on Amendments 100/91, whether 
specifically directed to the FMP amendment or the proposed rule, will 
be considered in the approval/disapproval decision on Amendments 100/
91. Comments received after that date will not be considered in the 
approval/disapproval decision on Amendments 100/91. To be considered, 
comments must be received, not just postmarked or otherwise 
transmitted, by the last day of the comment period.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 30, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-10210 Filed 5-2-14; 8:45 am]
BILLING CODE 3510-22-P
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