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]
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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
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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
(https://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
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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);
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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:
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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
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DATES:
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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 https://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
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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,
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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).
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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).
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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.
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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
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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
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]]>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.
-----------------------------------------------------------------------
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 https://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]]
[GRAPHIC] [TIFF OMITTED] TP21AU14.004
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
