Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Pot Gear Fishing Closure in the Pribilof Islands Habitat Conservation Zone in the Bering Sea and Rebuilding Pribilof Islands Blue King Crab, 49487-49490 [2014-19839]

Download as PDF Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Proposed Rules TABLE 4—MVEBS FOR WASHINGTON portion of the Area submitted on COUNTY, MARYLAND FOR THE 1997 December 12, 2013 as a revision to the Maryland SIP because it meets the PM2.5 NAAQS IN TPY Year PM2.5 2017 .................. 2025 .................. 149.63 93.35 NOX 4,057.00 2,774.63 mstockstill on DSK4VPTVN1PROD with PROPOSALS EPA’s substantive criteria for determining adequacy of MVEBs are set out in 40 CFR 93.118(e)(4). Additionally, to approve the MVEBs, EPA must complete a thorough review of the SIP, in this case the PM2.5 maintenance plan, and conclude that with the projected level of motor vehicle and all other emissions, the SIP will achieve its overall purpose, in this case providing for maintenance of the 1997 annual PM2.5 NAAQS. EPA’s process for determining adequacy of a MVEB consists of three basic steps: (1) Providing public notification of a SIP submission; (2) providing the public the opportunity to comment on the MVEB during a public comment period; and, (3) EPA taking action on the MVEB. On February 12, 2014, EPA initiated an adequacy review of the MVEBs for the 1997 annual PM2.5 NAAQS that Maryland included in its redesignation request submittal. As such, a notice of the submission of these MVEBs were posted on the adequacy Web site (http://www.epa.gov/otaq/ stateresources/transconf/currsips.htm). The public comment period closed on March 14, 2014. There were no public comments received. EPA has reviewed the MVEBs and found them consistent with the maintenance plan and found that the budgets meet the criteria for adequacy and approval. EPA published a Notice of Adequacy in the Federal Register on May 7, 2014 (79 FR 26246). Therefore, EPA is proposing to approve the 2017 and 2025 PM2.5 and NOX MVEBs for Washington County for transportation conformity purposes. Additional information pertaining to the review of the MVEBs can be found in the TSD dated April 4, 2014, available in the docket for this proposed rulemaking action. VI. Proposed Actions EPA is proposing to approve the redesignation of the Maryland portion of the Martinsburg Area from nonattainment to attainment for the 1997 annual PM2.5 NAAQS. The monitoring data demonstrates that the Martinsburg Area has attained the 1997 annual PM2.5 NAAQS and, for reasons discussed in this proposal, that it will continue to attain the standard. EPA is also proposing to approve the maintenance plan for the Maryland VerDate Mar<15>2010 16:23 Aug 20, 2014 Jkt 232001 requirements of section 175A of the CAA as described previously in this rulemaking notice. Final approval of this redesignation request would change the designation of the Maryland portion of the Martinsburg Area from nonattainment to attainment, as found at 40 CFR part 81, for the 1997 annual PM2.5 NAAQS, and would incorporate into the Maryland SIP the maintenance plan ensuring continued attainment of the 1997 annual PM2.5 NAAQS in the Area for 10 years after redesignation. Furthermore, EPA is proposing to approve the 2017 and 2025 PM2.5 and NOX MVEBs submitted by Maryland for Washington County for transportation conformity purposes. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. VII. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 49487 • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule proposing to approve Maryland’s redesignation request, maintenance plan, and MVEBs for transportation conformity purposes for the Maryland portion of the Area for the 1997 annual PM2.5 NAAQS does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000) because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 40 CFR Part 81 Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401 et seq. Dated: August 6, 2014. William C. Early, Acting Regional Administrator, Region III. [FR Doc. 2014–19869 Filed 8–20–14; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648–BC34 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Pot Gear Fishing Closure in the Pribilof Islands Habitat Conservation Zone in the Bering Sea and Rebuilding Pribilof Islands Blue King Crab National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: E:\FR\FM\21AUP1.SGM 21AUP1 49488 Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Proposed Rules Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of fishery management plan amendments; request for comments. The North Pacific Fishery Management Council has submitted Amendment 103 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 43 to the Fishery Management Plan for Bering Sea/ Aleutian Islands King and Tanner Crabs (Crab FMP). If approved, Amendment 103 would close year-round the Pribilof Islands Habitat Conservation Zone (PIHCZ) to directed fishing for Pacific cod with pot gear. Prohibiting directed fishing for Pacific cod with pot gear in the PIHCZ would reduce the bycatch of Pribilof Islands blue king crab (PIBKC), prevent overfishing, and support rebuilding of the PIBKC stock. If approved, Amendment 43 would amend the Crab FMP to revise the rebuilding plan for PIBKC. These actions are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable law. Comments from the public are encouraged. SUMMARY: Comments on the amendment must be received on or before 1700 hours, Alaska local time (A.l.t.), October 20, 2014. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2012–0141, 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-20120141, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • 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. 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 mstockstill on DSK4VPTVN1PROD with PROPOSALS DATES: VerDate Mar<15>2010 16:23 Aug 20, 2014 Jkt 232001 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 103 to the BSAI FMP, Amendment 43 to the Crab FMP, the Environmental Assessment (EA), and the Regulatory Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) prepared for this proposed action are available from www.regulations.gov or from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the Bering Sea and Aleutian Islands Management Area (BSAI) groundfish fisheries in the exclusive economic zone off Alaska under the BSAI FMP. The Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) establishes a State and Federal cooperative management regime that defers crab fisheries management to the State of Alaska with Federal oversight. The North Pacific Fishery Management Council (Council) prepared the FMPs under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMPs appear at 50 CFR parts 600, 679, and 680. State regulations for managing the BSAI king and Tanner crab fisheries are subject to the provisions of the Crab FMP, including its goals and objectives, the Magnuson-Stevens Act, and other applicable Federal laws. The Magnuson-Stevens Act requires that each regional fishery management council submit any FMP 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 an FMP amendment, immediately publish a document in the Federal Register announcing that the amendment is available for public review and comment. This document announces that proposed Amendment 103 to the BSAI FMP and proposed Amendment 43 to the Crab FMP are available for public review and comment. If approved, Amendment 103 to the BSAI FMP would revise the fishing prohibition for the PIHCZ (Figure 1) to prohibit directed fishing for Pacific cod PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 with pot gear. If approved, Amendment 43 to the Crab FMP would revise the rebuilding plan for the PIBKC. Background Blue king crabs are found in isolated populations and do not exist uniformly across the Bering Sea. NMFS and the Alaska Department of Fish and Game (ADF&G) manage these isolated populations as distinct stocks where they occur. The PIBKC stock occurs around the islands of Saint Paul and Saint George in the Bering Sea. The PIBKC fishery was first opened in 1973. Total biomass and abundance peaked in the early 1980s. Over the last 20 years, the PIBKC stock abundance decreased relative to its peak abundance, and NMFS and ADF&G have implemented a number of increasingly conservative management measures to limit potentially adverse fishery effects on the stock. Since 1999, as part of the joint management of the crab stocks under the Crab FMP, the ADF&G has closed the PIBKC fishery and the Pribilof Islands red king crab fishery to minimize the bycatch of PIBKC in that fishery. On an annual basis, ADF&G also closes specific State statistical areas where PIBKC are known to occur during the Bristol Bay red king crab, snow crab, and Tanner crab fisheries to minimize PIBKC bycatch in those fisheries. In 1995, NMFS implemented Amendment 21a to the BSAI FMP to establish a trawl gear closure in the PIHCZ, to protect blue king crab (60 FR 4110, January 20, 1995). The PIHCZ was established to protect a majority of the crab habitat in the Pribilof Islands area based on the distribution and habitat of the blue king crab in the NMFS annual trawl surveys and on observer data. The BSAI FMP and implementing regulations at § 679.21 require that the incidental catch of PIBKC as a prohibited species must be avoided while fishing for groundfish. When PIBKC is caught in groundfish fisheries, it is known as bycatch and must be immediately returned to sea with a minimum of injury. In addition, regulations at § 679.7 prohibit PIBKC bycatch in groundfish fisheries from being sold or kept for personal use. On September 23, 2002, the Secretary of Commerce notified the Council that the PIBKC stock biomass was below its minimum stock size threshold and was overfished. Rebuilding overfished stocks is required by section 304 the Magnuson-Stevens Act. A rebuilding plan was implemented in 2004 that included a provision that prohibited directed fishing on PIBKC until the stock was rebuilt (69 FR 17651, April 5, E:\FR\FM\21AUP1.SGM 21AUP1 Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS 2004). This Federal regulatory prohibition mirrored the directed fishing closure already established by ADF&G in 1999. The rebuilding plan estimated that the stock had a 50 percent probability to be rebuilt within 10 years, by 2014, in compliance with section 304(e)(4)(A)(ii) of the MagnusonStevens Act. Due to chronic low abundance, this stock remains overfished despite the measures to minimize catch of blue king crab. The cause of the continued low PIBKC stock abundance and failure to recover is not well understood. Information included in the EA (see ADDRESSES) and Stock Assessment and Fishery Evaluation (SAFE) reports suggest that environmental conditions such as changing ocean currents, changing water temperatures, and changing spatial distributions among king crab stocks may contribute to the failure of this stock to recover. While there are no apparent physical barriers to adult dispersal, crab larval dispersal may be affected by local oceanography, which may in turn affect recruitment of the PIBKC stock (see Table 4–4 of the EA). Environmental conditions may also play a role in female crab reproduction and growth; however this relationship is poorly understood (Section 5 of the EA). NMFS notified the Council on September 29, 2009, that the current rebuilding plan for PIBKC was not achieving adequate progress to rebuild the stock by 2014. To comply with section 304(e)(7) of the MagnusonStevens Act, the Council recommended further conservation and management measures in Amendment 103 to reduce bycatch in groundfish fisheries: the primary source of fishing mortality for PIBKC. The Council also recommended Amendment 43 to revise to the rebuilding plan in the Crab FMP. Proposed Amendment 103 to the BSAI FMP Amendment 103 to the BSAI FMP, and the proposed implementing regulations, would close year-round the PIHCZ to directed fishing for Pacific cod with pot gear to minimize bycatch of PIBKC in groundfish fisheries and prevent overfishing. The term ‘‘directed fishing’’ is defined in the groundfish fisheries regulation at § 679.2. Federal fisheries management is required to be consistent with the ten National Standards in the MagnusonStevens Act (16 U.S.C. 1851). VerDate Mar<15>2010 16:23 Aug 20, 2014 Jkt 232001 Amendment 103 addresses primarily two national standards under the Magnuson-Stevens Act. The first standard is National Standard 1, which 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 second standard is National Standard 9, which requires that ‘‘Conservation and management measures shall, to the extent practicable, (a) minimize bycatch and (b) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.’’ Amendment 103 would be consistent with National Standard 1 by preventing overfishing of PIBKC while allowing the Pacific cod pot allocation to be fully harvested in the BSAI. Bycatch of PIBKC in all groundfish fisheries is below the PIBKC overfishing level; however, groundfish fisheries catch of PIBKC has the potential to exceed the annual PIBKC overfishing level. Therefore, the Council recommended additional conservation and management measures to further minimize bycatch and prevent overfishing with the goal to rebuild PIBKC. Amendment 103 would also be consistent with National Standard 9 by minimizing bycatch to the extent practicable. The Council recommended closing the PIHCZ to directed fishing for Pacific cod with pot gear based primarily on the high observed rate of PIBKC bycatch in the PIHCZ relative to areas outside of the PIHCZ, and the high observed rate of PIBKC bycatch within the PIHCZ in the directed Pacific cod pot gear fishery relative to other groundfish fisheries occurring within the PIHCZ. The RIR/IRFA prepared for this action indicates that under Amendment 103 the catch of Pacific cod by pot gear would not be reduced, and the Pacific cod pot fisheries would be able to fully harvest their annual allocation. The RIR/IRFA suggests that fairly high Pacific cod catch by vessels using pot gear that occurs within the PIHCZ could be effectively harvested outside of the boundary of the PIHCZ with limited potential for additional costs on the affected fishery participants. (See Section 1.4.2 of the RIR/IRFA for additional detail). PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 49489 Pot gear has the highest observed bycatch rates of PIBKC across all gear types from 2005 to 2011. The 2005 through 2011 reference period uses the best available information on PIBKC bycatch rates by groundfish fisheries. The average PIBKC bycatch rate observed for pot gear for this time period in the entire PIHCZ was 0.052 crab per metric ton. The areas located to the northeast and to the east of St. Paul Island, within the PIHCZ, had the highest and second-highest PIBKC bycatch rates in the BSAI, respectively. Nearly all of the observed PIBKC bycatch was within the PIHCZ. Thus a closure of the PIHCZ to pot gear would close the area with the highest observed bycatch rate of PIBKC. The next highest PIBKC bycatch rates were observed in the hook-and-line Pacific cod fishery in the PIHCZ with an average rate of 0.0176 crab per metric ton from 2005 to 2011, a rate of roughly one-third of that observed in the Pacific cod pot fishery. Trawl gear is currently prohibited within the PIHCZ and does not contribute to PIBKC bycatch within the PIHCZ. Hook-and-line and pot fisheries within the PIHCZ for groundfish species other than Pacific cod do not comprise more than a minimal amount of PIBKC bycatch. Extending the closure in the PIHCZ beyond the trawl and Pacific cod pot gear fisheries was not practicable based on the much lower observed rate of PIBKC bycatch in the PIHCZ for those groundfish fisheries and the minimal impact of those additional closures on PIBKC stock abundance. See Section 4.5.5 of the EA for additional detail. The Council considered a range of alternative closure areas to reduce the bycatch of PIBKC. Ultimately, the Council recommended closing the PIHCZ to directed fishing for Pacific cod with pot gear based on: 1) the high rate of PIBKC bycatch in the PIHCZ relative to other areas outside of the PIHCZ; 2) the high concentration of PIBKC in the PIHCZ; 3) the occurrence of known PIBKC habitat within the PIHCZ; 4) the high rate of PIBKC bycatch in the Pacific cod pot fishery relative to other groundfish fisheries; and 5) the limited impact the Pacific cod pot gear closure in the PIHCZ would have on the Pacific cod pot fishery relative to other closures in other groundfish fisheries. See Section 2.9 of the EA for additional detail of the alternatives considered and not selected. E:\FR\FM\21AUP1.SGM 21AUP1 Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Proposed Rules Proposed Amendment 43 to the Crab FMP The current rebuilding plan in the Crab FMP for PIBKC describes measures taken to reduce mortality to PIBKC to support rebuilding the stock, including actions taken under the BSAI FMP. With the implementation of Amendment 103 to the BSAI FMP, all fishery management measures practicable have been taken to greatly eliminate PIBKC catch and protect PIBKC habitat. These measures are intended to ensure that the rebuilding time period is as short as possible in compliance with section 304(e)(4)(A) of the Magnuson-Stevens Act. Amendment 43 to the Crab FMP would amend the current rebuilding plan and incorporate the new information available on the rebuilding time period that takes into account the status and biology of PIBKC and environmental conditions. Based on the best available information on the biology of the stock and environmental conditions, NMFS estimates that the time period to rebuild the stock will exceed 10 years, as allowed under section 304(e)(4)(A)(ii) of the Magnuson-Stevens Act (see Section 4.5.2 of the EA for more information). The causes of the stock decline are thought to be predominantly due to environmental changes that inhibit blue king crab reproduction. For this stock to rebuild, the stock would likely require multiple years of above average recruitment and/or a change in VerDate Mar<15>2010 16:23 Aug 20, 2014 Jkt 232001 environmental conditions to increase larval productivity around the Pribilof Islands. It is not possible to predict future recruitment success; however, changes in stock abundance are assessed annually in the SAFE report. NMFS developed a draft stock assessment model that predicted that the PIBKC stock may be rebuilt in 50 years. However, NMFS does not have confidence in these model results. The low numbers of PIBKC encountered in biomass surveys and the poor ability to predict recruitment results in high imprecision in the projected biomass. The model imprecision, coupled with poorly understood environmental influences on the blue king crab stock, did not lead to high confidence in biomass projections during the 50-year period. As a result, NMFS is unable to predict whether the PIBKC stock can be rebuilt in the foreseeable future. In addition, the draft model results showed no statistically significant difference in the rebuilding timeframe under any of the bycatch reduction scenarios. While NMFS could not determine whether reducing bycatch would alter rebuilding timeframes using the stock assessment model, NMFS and the Council are proposing Amendment 103 and the proposed rule to further minimize bycatch. through October 20, 2014. A proposed rule that would implement Amendment 103 to the BSAI FMP will be published in the Federal Register for public comment at a later date, following NMFS’ evaluation pursuant to the Magnuson-Stevens Act. Public comments on the proposed rule must be received by the end of the comment period on Amendment 103 to the BSAI FMP in order to be considered in the approval/disapproval decision on the amendment. All comments received on the amendments by the end of the comment period, whether specifically directed to the amendments or to the proposed rule for Amendment 103, will be considered in the approval/ disapproval decision. Comments received after that date will not be considered in the approval/disapproval decision on the amendments. To be considered, comments must be received—not just postmarked or otherwise transmitted—by 1700 hours, A.l.t., on the last day of the comment period (See DATES and ADDRESSES). Authority: 16 U.S.C. 1801 et seq. Dated: August 18, 2014. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–19839 Filed 8–20–14; 8:45 am] Public Comments BILLING CODE 3510–22–P NMFS is soliciting public comments on the proposed FMP amendments PO 00000 Frm 00026 Fmt 4702 Sfmt 9990 E:\FR\FM\21AUP1.SGM 21AUP1 EP21AU14.004</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS 49490

Agencies

[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Proposed Rules]
[Pages 49487-49490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19839]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BC34


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
Pot Gear Fishing Closure in the Pribilof Islands Habitat Conservation 
Zone in the Bering Sea and Rebuilding Pribilof Islands Blue King Crab

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 49488]]

Atmospheric Administration (NOAA), Commerce.

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

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SUMMARY: The North Pacific Fishery Management Council has submitted 
Amendment 103 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (BSAI FMP) and 
Amendment 43 to the Fishery Management Plan for Bering Sea/Aleutian 
Islands King and Tanner Crabs (Crab FMP). If approved, Amendment 103 
would close year-round the Pribilof Islands Habitat Conservation Zone 
(PIHCZ) to directed fishing for Pacific cod with pot gear. Prohibiting 
directed fishing for Pacific cod with pot gear in the PIHCZ would 
reduce the bycatch of Pribilof Islands blue king crab (PIBKC), prevent 
overfishing, and support rebuilding of the PIBKC stock. If approved, 
Amendment 43 would amend the Crab FMP to revise the rebuilding plan for 
PIBKC. These actions are intended to promote the goals and objectives 
of the Magnuson-Stevens Fishery Conservation and Management Act, the 
FMPs, and other applicable law. Comments from the public are 
encouraged.

DATES: Comments on the amendment must be received on or before 1700 
hours, Alaska local time (A.l.t.), October 20, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2012-0141, 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-2012-0141, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     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.
    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 103 to the BSAI FMP, Amendment 43 to 
the Crab FMP, the Environmental Assessment (EA), and the Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) 
prepared for this proposed action are available from 
www.regulations.gov or from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the Bering Sea and Aleutian 
Islands Management Area (BSAI) groundfish fisheries in the exclusive 
economic zone off Alaska under the BSAI FMP. The Fishery Management 
Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) 
establishes a State and Federal cooperative management regime that 
defers crab fisheries management to the State of Alaska with Federal 
oversight. The North Pacific Fishery Management Council (Council) 
prepared the FMPs under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 
et seq. Regulations governing U.S. fisheries and implementing the FMPs 
appear at 50 CFR parts 600, 679, and 680. State regulations for 
managing the BSAI king and Tanner crab fisheries are subject to the 
provisions of the Crab FMP, including its goals and objectives, the 
Magnuson-Stevens Act, and other applicable Federal laws.
    The Magnuson-Stevens Act requires that each regional fishery 
management council submit any FMP 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 an FMP amendment, immediately publish a document in the 
Federal Register announcing that the amendment is available for public 
review and comment. This document announces that proposed Amendment 103 
to the BSAI FMP and proposed Amendment 43 to the Crab FMP are available 
for public review and comment.
    If approved, Amendment 103 to the BSAI FMP would revise the fishing 
prohibition for the PIHCZ (Figure 1) to prohibit directed fishing for 
Pacific cod with pot gear. If approved, Amendment 43 to the Crab FMP 
would revise the rebuilding plan for the PIBKC.

Background

    Blue king crabs are found in isolated populations and do not exist 
uniformly across the Bering Sea. NMFS and the Alaska Department of Fish 
and Game (ADF&G) manage these isolated populations as distinct stocks 
where they occur. The PIBKC stock occurs around the islands of Saint 
Paul and Saint George in the Bering Sea. The PIBKC fishery was first 
opened in 1973. Total biomass and abundance peaked in the early 1980s. 
Over the last 20 years, the PIBKC stock abundance decreased relative to 
its peak abundance, and NMFS and ADF&G have implemented a number of 
increasingly conservative management measures to limit potentially 
adverse fishery effects on the stock.
    Since 1999, as part of the joint management of the crab stocks 
under the Crab FMP, the ADF&G has closed the PIBKC fishery and the 
Pribilof Islands red king crab fishery to minimize the bycatch of PIBKC 
in that fishery. On an annual basis, ADF&G also closes specific State 
statistical areas where PIBKC are known to occur during the Bristol Bay 
red king crab, snow crab, and Tanner crab fisheries to minimize PIBKC 
bycatch in those fisheries.
    In 1995, NMFS implemented Amendment 21a to the BSAI FMP to 
establish a trawl gear closure in the PIHCZ, to protect blue king crab 
(60 FR 4110, January 20, 1995). The PIHCZ was established to protect a 
majority of the crab habitat in the Pribilof Islands area based on the 
distribution and habitat of the blue king crab in the NMFS annual trawl 
surveys and on observer data.
    The BSAI FMP and implementing regulations at Sec.  679.21 require 
that the incidental catch of PIBKC as a prohibited species must be 
avoided while fishing for groundfish. When PIBKC is caught in 
groundfish fisheries, it is known as bycatch and must be immediately 
returned to sea with a minimum of injury. In addition, regulations at 
Sec.  679.7 prohibit PIBKC bycatch in groundfish fisheries from being 
sold or kept for personal use.
    On September 23, 2002, the Secretary of Commerce notified the 
Council that the PIBKC stock biomass was below its minimum stock size 
threshold and was overfished. Rebuilding overfished stocks is required 
by section 304 the Magnuson-Stevens Act. A rebuilding plan was 
implemented in 2004 that included a provision that prohibited directed 
fishing on PIBKC until the stock was rebuilt (69 FR 17651, April 5,

[[Page 49489]]

2004). This Federal regulatory prohibition mirrored the directed 
fishing closure already established by ADF&G in 1999. The rebuilding 
plan estimated that the stock had a 50 percent probability to be 
rebuilt within 10 years, by 2014, in compliance with section 
304(e)(4)(A)(ii) of the Magnuson-Stevens Act.
    Due to chronic low abundance, this stock remains overfished despite 
the measures to minimize catch of blue king crab. The cause of the 
continued low PIBKC stock abundance and failure to recover is not well 
understood. Information included in the EA (see ADDRESSES) and Stock 
Assessment and Fishery Evaluation (SAFE) reports suggest that 
environmental conditions such as changing ocean currents, changing 
water temperatures, and changing spatial distributions among king crab 
stocks may contribute to the failure of this stock to recover. While 
there are no apparent physical barriers to adult dispersal, crab larval 
dispersal may be affected by local oceanography, which may in turn 
affect recruitment of the PIBKC stock (see Table 4-4 of the EA). 
Environmental conditions may also play a role in female crab 
reproduction and growth; however this relationship is poorly understood 
(Section 5 of the EA).
    NMFS notified the Council on September 29, 2009, that the current 
rebuilding plan for PIBKC was not achieving adequate progress to 
rebuild the stock by 2014. To comply with section 304(e)(7) of the 
Magnuson-Stevens Act, the Council recommended further conservation and 
management measures in Amendment 103 to reduce bycatch in groundfish 
fisheries: the primary source of fishing mortality for PIBKC. The 
Council also recommended Amendment 43 to revise to the rebuilding plan 
in the Crab FMP.

Proposed Amendment 103 to the BSAI FMP

    Amendment 103 to the BSAI FMP, and the proposed implementing 
regulations, would close year-round the PIHCZ to directed fishing for 
Pacific cod with pot gear to minimize bycatch of PIBKC in groundfish 
fisheries and prevent overfishing. The term ``directed fishing'' is 
defined in the groundfish fisheries regulation at Sec.  679.2.
    Federal fisheries management is required to be consistent with the 
ten National Standards in the Magnuson-Stevens Act (16 U.S.C. 1851). 
Amendment 103 addresses primarily two national standards under the 
Magnuson-Stevens Act. The first standard is National Standard 1, which 
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 second standard 
is National Standard 9, which requires that ``Conservation and 
management measures shall, to the extent practicable, (a) minimize 
bycatch and (b) to the extent bycatch cannot be avoided, minimize the 
mortality of such bycatch.''
    Amendment 103 would be consistent with National Standard 1 by 
preventing overfishing of PIBKC while allowing the Pacific cod pot 
allocation to be fully harvested in the BSAI. Bycatch of PIBKC in all 
groundfish fisheries is below the PIBKC overfishing level; however, 
groundfish fisheries catch of PIBKC has the potential to exceed the 
annual PIBKC overfishing level. Therefore, the Council recommended 
additional conservation and management measures to further minimize 
bycatch and prevent overfishing with the goal to rebuild PIBKC.
    Amendment 103 would also be consistent with National Standard 9 by 
minimizing bycatch to the extent practicable. The Council recommended 
closing the PIHCZ to directed fishing for Pacific cod with pot gear 
based primarily on the high observed rate of PIBKC bycatch in the PIHCZ 
relative to areas outside of the PIHCZ, and the high observed rate of 
PIBKC bycatch within the PIHCZ in the directed Pacific cod pot gear 
fishery relative to other groundfish fisheries occurring within the 
PIHCZ.
    The RIR/IRFA prepared for this action indicates that under 
Amendment 103 the catch of Pacific cod by pot gear would not be 
reduced, and the Pacific cod pot fisheries would be able to fully 
harvest their annual allocation. The RIR/IRFA suggests that fairly high 
Pacific cod catch by vessels using pot gear that occurs within the 
PIHCZ could be effectively harvested outside of the boundary of the 
PIHCZ with limited potential for additional costs on the affected 
fishery participants. (See Section 1.4.2 of the RIR/IRFA for additional 
detail).
    Pot gear has the highest observed bycatch rates of PIBKC across all 
gear types from 2005 to 2011. The 2005 through 2011 reference period 
uses the best available information on PIBKC bycatch rates by 
groundfish fisheries. The average PIBKC bycatch rate observed for pot 
gear for this time period in the entire PIHCZ was 0.052 crab per metric 
ton. The areas located to the northeast and to the east of St. Paul 
Island, within the PIHCZ, had the highest and second-highest PIBKC 
bycatch rates in the BSAI, respectively. Nearly all of the observed 
PIBKC bycatch was within the PIHCZ. Thus a closure of the PIHCZ to pot 
gear would close the area with the highest observed bycatch rate of 
PIBKC. The next highest PIBKC bycatch rates were observed in the hook-
and-line Pacific cod fishery in the PIHCZ with an average rate of 
0.0176 crab per metric ton from 2005 to 2011, a rate of roughly one-
third of that observed in the Pacific cod pot fishery.
    Trawl gear is currently prohibited within the PIHCZ and does not 
contribute to PIBKC bycatch within the PIHCZ. Hook-and-line and pot 
fisheries within the PIHCZ for groundfish species other than Pacific 
cod do not comprise more than a minimal amount of PIBKC bycatch. 
Extending the closure in the PIHCZ beyond the trawl and Pacific cod pot 
gear fisheries was not practicable based on the much lower observed 
rate of PIBKC bycatch in the PIHCZ for those groundfish fisheries and 
the minimal impact of those additional closures on PIBKC stock 
abundance. See Section 4.5.5 of the EA for additional detail.
    The Council considered a range of alternative closure areas to 
reduce the bycatch of PIBKC. Ultimately, the Council recommended 
closing the PIHCZ to directed fishing for Pacific cod with pot gear 
based on: 1) the high rate of PIBKC bycatch in the PIHCZ relative to 
other areas outside of the PIHCZ; 2) the high concentration of PIBKC in 
the PIHCZ; 3) the occurrence of known PIBKC habitat within the PIHCZ; 
4) the high rate of PIBKC bycatch in the Pacific cod pot fishery 
relative to other groundfish fisheries; and 5) the limited impact the 
Pacific cod pot gear closure in the PIHCZ would have on the Pacific cod 
pot fishery relative to other closures in other groundfish fisheries. 
See Section 2.9 of the EA for additional detail of the alternatives 
considered and not selected.

[[Page 49490]]

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Proposed Amendment 43 to the Crab FMP

    The current rebuilding plan in the Crab FMP for PIBKC describes 
measures taken to reduce mortality to PIBKC to support rebuilding the 
stock, including actions taken under the BSAI FMP. With the 
implementation of Amendment 103 to the BSAI FMP, all fishery management 
measures practicable have been taken to greatly eliminate PIBKC catch 
and protect PIBKC habitat. These measures are intended to ensure that 
the rebuilding time period is as short as possible in compliance with 
section 304(e)(4)(A) of the Magnuson-Stevens Act. Amendment 43 to the 
Crab FMP would amend the current rebuilding plan and incorporate the 
new information available on the rebuilding time period that takes into 
account the status and biology of PIBKC and environmental conditions.
    Based on the best available information on the biology of the stock 
and environmental conditions, NMFS estimates that the time period to 
rebuild the stock will exceed 10 years, as allowed under section 
304(e)(4)(A)(ii) of the Magnuson-Stevens Act (see Section 4.5.2 of the 
EA for more information). The causes of the stock decline are thought 
to be predominantly due to environmental changes that inhibit blue king 
crab reproduction. For this stock to rebuild, the stock would likely 
require multiple years of above average recruitment and/or a change in 
environmental conditions to increase larval productivity around the 
Pribilof Islands. It is not possible to predict future recruitment 
success; however, changes in stock abundance are assessed annually in 
the SAFE report.
    NMFS developed a draft stock assessment model that predicted that 
the PIBKC stock may be rebuilt in 50 years. However, NMFS does not have 
confidence in these model results. The low numbers of PIBKC encountered 
in biomass surveys and the poor ability to predict recruitment results 
in high imprecision in the projected biomass. The model imprecision, 
coupled with poorly understood environmental influences on the blue 
king crab stock, did not lead to high confidence in biomass projections 
during the 50-year period. As a result, NMFS is unable to predict 
whether the PIBKC stock can be rebuilt in the foreseeable future.
    In addition, the draft model results showed no statistically 
significant difference in the rebuilding timeframe under any of the 
bycatch reduction scenarios. While NMFS could not determine whether 
reducing bycatch would alter rebuilding timeframes using the stock 
assessment model, NMFS and the Council are proposing Amendment 103 and 
the proposed rule to further minimize bycatch.
Public Comments
    NMFS is soliciting public comments on the proposed FMP amendments 
through October 20, 2014. A proposed rule that would implement 
Amendment 103 to the BSAI FMP will be published in the Federal Register 
for public comment at a later date, following NMFS' evaluation pursuant 
to the Magnuson-Stevens Act. Public comments on the proposed rule must 
be received by the end of the comment period on Amendment 103 to the 
BSAI FMP in order to be considered in the approval/disapproval decision 
on the amendment. All comments received on the amendments by the end of 
the comment period, whether specifically directed to the amendments or 
to the proposed rule for Amendment 103, will be considered in the 
approval/disapproval decision. Comments received after that date will 
not be considered in the approval/disapproval decision on the 
amendments. To be considered, comments must be received--not just 
postmarked or otherwise transmitted--by 1700 hours, A.l.t., on the last 
day of the comment period (See DATES and ADDRESSES).

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

    Dated: August 18, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-19839 Filed 8-20-14; 8:45 am]
BILLING CODE 3510-22-P