Fisheries of the Exclusive Economic Zone Off Alaska; Skates Management in the Bering Sea and Aleutian Islands Management Area; Habitat Areas of Particular Concern, 1378-1379 [2015-00170]
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Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations
or surrogate may rescind the request for
revocation. If VA suspects that the
safety of the eligible veteran is at risk,
then VA may suspend the caregiver’s
responsibilities, and remove the eligible
veteran from the home if requested by
the eligible veteran, or take other
appropriate action to ensure the welfare
of the eligible veteran, prior to making
a formal revocation.
(4) Caregiver benefits will continue
for 30 days after the date of revocation,
and VA will, if requested by the Family
Caregiver, assist the individual with
transitioning to alternative health care
coverage and mental health services,
unless one of the following is true:
(i) VA determines that the Family
Caregiver committed fraud or abused or
neglected the eligible veteran, in which
case benefits will terminate
immediately.
(ii) If the revoked individual was the
Primary Family Caregiver, and another
Primary Family Caregiver is designated
within 30 days after the date of
revocation, in which case benefits for
the revoked Primary Family Caregiver
will terminate the day before the date
the new Primary Family Caregiver is
designated.
(iii) If another individual is
designated to be a Family Caregiver
within 30 days after the date of
revocation, such that there are three
Family Caregivers assigned to the
eligible veteran, in which case benefits
for the revoked Family Caregiver will
terminate the day before the date the
new Family Caregiver is designated.
(iv) The revoked individual had been
living with the eligible veteran and
moves out, or the revoked individual
abandons or terminates his or her
relationship with the eligible veteran, in
which case benefits will terminate
immediately.
(c) Revocation by VA. VA may
immediately revoke the designation of a
Family Caregiver if the eligible veteran
or individual designated as a Family
Caregiver no longer meets the
requirements of this part, or if VA
makes the clinical determination that
having the Family Caregiver is no longer
in the best interest of the eligible
veteran. VA will, if requested by the
Family Caregiver, assist him or her in
transitioning to alternative health care
coverage and mental health services. If
revocation is due to improvement in the
eligible veteran’s condition, death, or
permanent institutionalization, the
Family Caregiver will continue to
receive caregiver benefits for 90 days,
unless any of the conditions described
in paragraphs (b)(4)(i) through (iv) of
this section apply, in which case
benefits will terminate as specified. In
VerDate Sep<11>2014
14:52 Jan 08, 2015
Jkt 235001
addition, bereavement counseling may
be available under 38 U.S.C. 1783. If VA
suspects that the safety of the eligible
veteran is at risk, then VA may suspend
the caregiver’s responsibilities, and
remove the eligible veteran from the
home if requested by the eligible veteran
or take other appropriate action to
ensure the welfare of the eligible
veteran, prior to making a formal
revocation.
[FR Doc. 2015–00071 Filed 1–8–15; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–XD287
Fisheries of the Exclusive Economic
Zone Off Alaska; Skates Management
in the Bering Sea and Aleutian Islands
Management Area; Habitat Areas of
Particular Concern
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Agency decision.
AGENCY:
The National Marine
Fisheries Service (NMFS) announces the
approval of Amendment 104 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). Amendment 104 to the FMP
designates six areas of skate egg
concentration as Habitat Areas of
Particular Concern (HAPC). The HAPC
designations for the six areas of skate
egg concentration in the Bering Sea and
Aleutian Islands Management Area
(BSAI) are intended to highlight the
importance of this essential fish habitat
for conservation. This action promotes
the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
FMP, and other applicable laws.
DATES: The amendment was approved
on January 5, 2015.
ADDRESSES: Electronic copies of
Amendment 104 to the FMP and the
Environmental Assessment (EA)
prepared for this action are available
from the Alaska Region NMFS Web site
at https://www.alaskafisheries.noaa.gov/
analyses/default.htm.
FOR FURTHER INFORMATION CONTACT:
Seanbob Kelly, 907–271–5195.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
SUMMARY:
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
Conservation and Management Act
(Magnuson-Stevens Act) requires that
each regional fishery management
council submit proposed amendments
to a fishery management plan to NMFS
for review and approval, disapproval, or
partial approval by the Secretary of
Commerce (Secretary). The MagnusonStevens Act also requires that, upon
receiving a fishery management plan
amendment, NMFS immediately
publish in the Federal Register a notice
that the amendment is available for
public review and comment.
The Notice of Availability for
Amendment 104 was published in the
Federal Register on October 8, 2014 (79
FR 60802), with a 60-day comment
period that ended on December 8, 2014.
NMFS received three comment letters
that contained five substantive
comments during the public comment
period on the Notice of Availability for
Amendment 104. No changes were
made in response to these comments.
NMFS summarized and responded to
these comments under Comment and
Responses, below.
NMFS determined that Amendment
104 to the FMP is consistent with the
Magnuson-Stevens Act and other
applicable laws, and the Secretary
approved Amendment 104 on January 5,
2015. The October 8, 2014, Notice of
Availability contains additional
information on this action. No changes
to Federal regulations are necessary to
implement Amendment 104.
HAPC are geographic sites that fall
within the distribution of essential fish
habitat (EFH) for federally-managed
species. HAPC are areas of special
importance that may require additional
protection from the adverse effects of
fishing. EFH provisions provide a means
for the Council to identify HAPC (50
CFR 600.815(a)(8)) in fishery
management plans based on the rarity of
the habitat type and at least one or more
of the following considerations: the
importance of the ecological function
provided by the habitat; the extent to
which the habitat is sensitive to humaninduced environmental disturbance or
degradation; and whether, and to what
extent, development activities are, or
will be, stressing the habitat type. The
designation of HAPC does not require
the implementation of regulations to
limit fishing within HAPC unless such
measures are determined to be
necessary. EFH provisions require that a
Council and NMFS act to prevent,
mitigate, or minimize any adverse
effects from fishing, to the extent
practicable, if there is evidence that a
fishing activity adversely affects EFH in
a manner that is more than minimal and
not temporary in nature (50 CFR
E:\FR\FM\09JAR1.SGM
09JAR1
rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations
600.815(a)(2)(ii)). Because HAPC is a
type of EFH, these regulatory provisions
also apply to HAPC.
Amendment 104 to the FMP was
unanimously adopted by the Council in
February 2013. Amendment 104
designates as HAPC six areas in the
eastern Bering Sea where relatively high
concentrations of skate eggs occur for
several skate species (family Rajidae).
Amendment 104 amends (1) Section
4.2.3.2 of the FMP to add six areas of
skate egg concentration as HAPC, and
(2) Appendix B of the FMP to include
coordinates and maps that designate
these HAPC. Amendment 104 adds
Section 3.5.2.4.2 to the FMP to note that
fishing activities are not restricted
within these HAPC.
The Council and NMFS determined
that these six areas met the definition of
HAPC because they are rare and provide
an important ecological function. These
areas encompass approximately 82
square nautical miles of habitat, or less
than 0.1 percent of the total area of the
BSAI. These areas are discrete sites near
the shelf/slope break with unique
abiotic features (e.g., substrate
composition) that serve as important
spawning and embryonic development
areas for skate species. At each of these
six areas, scientists repeatedly observed
a relatively high occurrence of skate egg
cases during stock assessment surveys
and from fishery observer samples
collected from vessels deploying fishing
gear that contacted the sea floor (e.g.,
non-pelagic trawl gear). The best
available scientific information does not
indicate that human-induced
degradation (e.g., adverse effects from
fishing or non-fishing) is occurring.
Because human-induced degradation
from fishing or other activities is not
observed currently, the Council did not
consider this HAPC designation
criterion as having been met.
The Council recommended
Amendment 104 to the FMP to
designate the six areas of skate egg
concentrations that meet the Council’s
HAPC criteria. The Council also
determined that designating these areas
as HAPC would provide additional
focus for the review of and consultation
on proposed and existing activities (e.g.,
drilling, laying cables, seismic
exploration, fishing) within these
HAPC.
An EA was prepared for Amendment
104 that describes the six areas of skate
egg concentration, the fishery
VerDate Sep<11>2014
14:52 Jan 08, 2015
Jkt 235001
management background, the purpose
and need for the action, the
management alternatives evaluated to
address this action, and the
environmental, social, and economic
impacts of the alternatives (see
ADDRESSES).
Comments and Responses
During the public comment period for
the Notice of Availability for
Amendment 104, NMFS received three
comment letters from three unique
members of the public that contained
five substantive comments. No changes
to the amendment text were needed in
response to the public comments.
NMFS’ responses to these comments are
presented below.
Comment 1: One commenter
expressed support for this action.
Response: NMFS acknowledges this
comment.
Comment 2: One commenter
expressed a general discontent with
fisheries management.
Response: NMFS acknowledges this
comment and notes that it is outside of
the scope of Amendment 104.
Comment 3: Fishing should be
banned in the six HAPC because NMFS
is unable to prevent fishermen from
exceeding allocations or illegally
participating in the groundfish fisheries.
Response: NMFS disagrees. Before
adopting Amendment 104, the Council
considered an alternative (Alternative 3)
that would have limited fishing within
the proposed HAPC. The Council did
not recommend regulations to limit
fishing as part of this action because
there is no evidence of adverse effects
from fishing on skate populations
within these HAPC that would need to
be addressed through regulation. For
example, the types of fishing gear used
in the six HAPC have a minimal and
temporary impact on skate habitat, and
fishing effort is limited or does not
occur in four of the six HAPC.
Therefore, continued commercial
fishing at the current rate and intensity
is not likely to alter the capacity of EFH
within these HAPC to support healthy
populations of skates over the long term,
as noted in Section 3.5.2 of the EA
prepared for this action (See
ADDRESSES). No new information exists
that indicates that fishing activities are
adversely affecting skate egg deposition
and embryonic development within
these HAPC.
NMFS will continue monitoring
fishing activities within these six HAPC.
PO 00000
Frm 00051
Fmt 4700
Sfmt 9990
1379
NMFS monitors these HAPC by
analyzing data collected through
existing data sources such as stock
assessment surveys and fishery
observers. This monitoring will inform
the Council and NMFS when there are
major changes in fishing effort or other
potential impacts to skate habitat within
these HAPC. If through monitoring,
NMFS and the Council learn that skate
recruitment or overall biomass of a skate
species has changed due to fishing
impacts within these HAPC, the Council
could recommend and NMFS could
implement action to restrict fishing
activities within these HAPC to protect
the skate stocks dependent on the six
HAPC established by this action.
Comment 4: Skates are important to
the marine ecosystem. The six HAPC
must be monitored for non-fishing
impacts like abiotic changes in the
environment.
Response: NMFS agrees. As noted in
the response to comment 3, NMFS will
continue to monitor the utility of these
sites for skate spawning and embryonic
development. This includes further
study of the relationship between the
biotic and abiotic habitat features of the
sites and site selection for skate egg
deposition. Incorporating the research
and monitoring of skate species into the
Council’s annual research priority list
will provide additional research focus
on these HAPC. This research is
intended to improve the understanding
of skate populations, the importance of
areas of skate egg concentration, and
skate ecology and habitat.
Comment 5: The commonly accepted
scientific term used for the HAPC areas
designated under Amendment 104 is
‘‘skate nurseries.’’ We recommend that
NMFS clarify that the ‘‘areas of skate egg
concentrations’’ designated as HAPC are
equivalent to ‘‘skate nursery’’ sites.
Response: NMFS agrees and notes
that Section 2.4.4 of the EA prepared for
this action (See ADDRESSES)
acknowledges that the term ‘‘areas of
skate egg concentrations’’ is
synonymous with the term ‘‘skate
nurseries’’.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 5, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–00170 Filed 1–8–15; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\09JAR1.SGM
09JAR1
]]>Agencies
[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Rules and Regulations]
[Pages 1378-1379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00170]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-XD287
Fisheries of the Exclusive Economic Zone Off Alaska; Skates
Management in the Bering Sea and Aleutian Islands Management Area;
Habitat Areas of Particular Concern
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Agency decision.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) announces the
approval of Amendment 104 to the Fishery Management Plan for Groundfish
of the Bering Sea and Aleutian Islands Management Area (FMP). Amendment
104 to the FMP designates six areas of skate egg concentration as
Habitat Areas of Particular Concern (HAPC). The HAPC designations for
the six areas of skate egg concentration in the Bering Sea and Aleutian
Islands Management Area (BSAI) are intended to highlight the importance
of this essential fish habitat for conservation. This action promotes
the goals and objectives of the Magnuson-Stevens Fishery Conservation
and Management Act, the FMP, and other applicable laws.
DATES: The amendment was approved on January 5, 2015.
ADDRESSES: Electronic copies of Amendment 104 to the FMP and the
Environmental Assessment (EA) prepared for this action are available
from the Alaska Region NMFS Web site at https://www.alaskafisheries.noaa.gov/analyses/default.htm.
FOR FURTHER INFORMATION CONTACT: Seanbob Kelly, 907-271-5195.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires that each regional
fishery management council submit proposed amendments to a fishery
management plan to NMFS for review and approval, disapproval, or
partial approval by the Secretary of Commerce (Secretary). The
Magnuson-Stevens Act also requires that, upon receiving a fishery
management plan amendment, NMFS immediately publish in the Federal
Register a notice that the amendment is available for public review and
comment.
The Notice of Availability for Amendment 104 was published in the
Federal Register on October 8, 2014 (79 FR 60802), with a 60-day
comment period that ended on December 8, 2014. NMFS received three
comment letters that contained five substantive comments during the
public comment period on the Notice of Availability for Amendment 104.
No changes were made in response to these comments. NMFS summarized and
responded to these comments under Comment and Responses, below.
NMFS determined that Amendment 104 to the FMP is consistent with
the Magnuson-Stevens Act and other applicable laws, and the Secretary
approved Amendment 104 on January 5, 2015. The October 8, 2014, Notice
of Availability contains additional information on this action. No
changes to Federal regulations are necessary to implement Amendment
104.
HAPC are geographic sites that fall within the distribution of
essential fish habitat (EFH) for federally-managed species. HAPC are
areas of special importance that may require additional protection from
the adverse effects of fishing. EFH provisions provide a means for the
Council to identify HAPC (50 CFR 600.815(a)(8)) in fishery management
plans based on the rarity of the habitat type and at least one or more
of the following considerations: the importance of the ecological
function provided by the habitat; the extent to which the habitat is
sensitive to human-induced environmental disturbance or degradation;
and whether, and to what extent, development activities are, or will
be, stressing the habitat type. The designation of HAPC does not
require the implementation of regulations to limit fishing within HAPC
unless such measures are determined to be necessary. EFH provisions
require that a Council and NMFS act to prevent, mitigate, or minimize
any adverse effects from fishing, to the extent practicable, if there
is evidence that a fishing activity adversely affects EFH in a manner
that is more than minimal and not temporary in nature (50 CFR
[[Page 1379]]
600.815(a)(2)(ii)). Because HAPC is a type of EFH, these regulatory
provisions also apply to HAPC.
Amendment 104 to the FMP was unanimously adopted by the Council in
February 2013. Amendment 104 designates as HAPC six areas in the
eastern Bering Sea where relatively high concentrations of skate eggs
occur for several skate species (family Rajidae). Amendment 104 amends
(1) Section 4.2.3.2 of the FMP to add six areas of skate egg
concentration as HAPC, and (2) Appendix B of the FMP to include
coordinates and maps that designate these HAPC. Amendment 104 adds
Section 3.5.2.4.2 to the FMP to note that fishing activities are not
restricted within these HAPC.
The Council and NMFS determined that these six areas met the
definition of HAPC because they are rare and provide an important
ecological function. These areas encompass approximately 82 square
nautical miles of habitat, or less than 0.1 percent of the total area
of the BSAI. These areas are discrete sites near the shelf/slope break
with unique abiotic features (e.g., substrate composition) that serve
as important spawning and embryonic development areas for skate
species. At each of these six areas, scientists repeatedly observed a
relatively high occurrence of skate egg cases during stock assessment
surveys and from fishery observer samples collected from vessels
deploying fishing gear that contacted the sea floor (e.g., non-pelagic
trawl gear). The best available scientific information does not
indicate that human-induced degradation (e.g., adverse effects from
fishing or non-fishing) is occurring. Because human-induced degradation
from fishing or other activities is not observed currently, the Council
did not consider this HAPC designation criterion as having been met.
The Council recommended Amendment 104 to the FMP to designate the
six areas of skate egg concentrations that meet the Council's HAPC
criteria. The Council also determined that designating these areas as
HAPC would provide additional focus for the review of and consultation
on proposed and existing activities (e.g., drilling, laying cables,
seismic exploration, fishing) within these HAPC.
An EA was prepared for Amendment 104 that describes the six areas
of skate egg concentration, the fishery management background, the
purpose and need for the action, the management alternatives evaluated
to address this action, and the environmental, social, and economic
impacts of the alternatives (see ADDRESSES).
Comments and Responses
During the public comment period for the Notice of Availability for
Amendment 104, NMFS received three comment letters from three unique
members of the public that contained five substantive comments. No
changes to the amendment text were needed in response to the public
comments. NMFS' responses to these comments are presented below.
Comment 1: One commenter expressed support for this action.
Response: NMFS acknowledges this comment.
Comment 2: One commenter expressed a general discontent with
fisheries management.
Response: NMFS acknowledges this comment and notes that it is
outside of the scope of Amendment 104.
Comment 3: Fishing should be banned in the six HAPC because NMFS is
unable to prevent fishermen from exceeding allocations or illegally
participating in the groundfish fisheries.
Response: NMFS disagrees. Before adopting Amendment 104, the
Council considered an alternative (Alternative 3) that would have
limited fishing within the proposed HAPC. The Council did not recommend
regulations to limit fishing as part of this action because there is no
evidence of adverse effects from fishing on skate populations within
these HAPC that would need to be addressed through regulation. For
example, the types of fishing gear used in the six HAPC have a minimal
and temporary impact on skate habitat, and fishing effort is limited or
does not occur in four of the six HAPC. Therefore, continued commercial
fishing at the current rate and intensity is not likely to alter the
capacity of EFH within these HAPC to support healthy populations of
skates over the long term, as noted in Section 3.5.2 of the EA prepared
for this action (See ADDRESSES). No new information exists that
indicates that fishing activities are adversely affecting skate egg
deposition and embryonic development within these HAPC.
NMFS will continue monitoring fishing activities within these six
HAPC. NMFS monitors these HAPC by analyzing data collected through
existing data sources such as stock assessment surveys and fishery
observers. This monitoring will inform the Council and NMFS when there
are major changes in fishing effort or other potential impacts to skate
habitat within these HAPC. If through monitoring, NMFS and the Council
learn that skate recruitment or overall biomass of a skate species has
changed due to fishing impacts within these HAPC, the Council could
recommend and NMFS could implement action to restrict fishing
activities within these HAPC to protect the skate stocks dependent on
the six HAPC established by this action.
Comment 4: Skates are important to the marine ecosystem. The six
HAPC must be monitored for non-fishing impacts like abiotic changes in
the environment.
Response: NMFS agrees. As noted in the response to comment 3, NMFS
will continue to monitor the utility of these sites for skate spawning
and embryonic development. This includes further study of the
relationship between the biotic and abiotic habitat features of the
sites and site selection for skate egg deposition. Incorporating the
research and monitoring of skate species into the Council's annual
research priority list will provide additional research focus on these
HAPC. This research is intended to improve the understanding of skate
populations, the importance of areas of skate egg concentration, and
skate ecology and habitat.
Comment 5: The commonly accepted scientific term used for the HAPC
areas designated under Amendment 104 is ``skate nurseries.'' We
recommend that NMFS clarify that the ``areas of skate egg
concentrations'' designated as HAPC are equivalent to ``skate nursery''
sites.
Response: NMFS agrees and notes that Section 2.4.4 of the EA
prepared for this action (See ADDRESSES) acknowledges that the term
``areas of skate egg concentrations'' is synonymous with the term
``skate nurseries''.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 5, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2015-00170 Filed 1-8-15; 8:45 am]
BILLING CODE 3510-22-P
