Fisheries of the Exclusive Economic Zone Off Alaska; Halibut Bycatch Management in the Groundfish Fisheries of the Bering Sea and Aleutian Islands, 58374-58377 [2017-26734]
Download as PDF
<![CDATA[
58374
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Proposed Rules
such as requiring smaller systems to file
the report every few years instead of
randomly sampling smaller systems
annually. If the Commission decides to
retain Form 325, it seeks comment on
ways in which it can streamline the
current requirements and thereby
reduce the burdens on small cable
system filers. The Commission’s
evaluation of the comments filed on
these topics as well as on other
questions in the NPRM that seek to
reduce the burdens placed on small
cable systems will shape the final
conclusions it reaches, the final
significant alternatives it considers, and
the actions it ultimately takes in this
proceeding to minimize any significant
economic impact that may occur on
small entities.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rule
42. None.
43. Accordingly, it is ordered that,
pursuant to the authority found in
sections 4(i), 4(j), 303, and 628 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 303,
and 548, this Notice of Proposed
Rulemaking is adopted.
44. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 79
Cable television operators.
Medtronic, Inc., Chuck Powers on
behalf of Motorola Solutions, Inc., and
Michael E. Williams, on behalf of Cobra
Electronics Corporation.
DATES: Oppositions to the Petition must
be filed on or before December 27, 2017.
Replies to an opposition must be filed
on or before January 8, 2018.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Thomas Derenge, email:
Thomas.Derenge@fcc.gov; phone: (202)
418–2451 or Scot Stone, email:
Scot.Stone@fcc.gov; phone: (202)
418–0638.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 3082, released
December 01, 2017. The full text of the
Petitions is available for viewing and
copying at the FCC Reference
Information Center, 445 12th Street SW,
Room CY–A257, Washington, DC 20554.
It also may be accessed online via the
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ecfs/. The Commission will not send a
Congressional Review Act (CRA)
submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5 U.S.C. because
no rules are being adopted by the
Commission.
Subject: Personal Radio Services, FCC
17–57, published at 82 FR 41096,
August 29, 2017, in WT Docket No. 10–
119. This document is being published
pursuant to 47 CFR 1.429(e). See also 47
CFR 1.4(b)(1) and 1.429(f), (g).
Number of Petitions Filed: 3.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017–26728 Filed 12–11–17; 8:45 am]
[FR Doc. 2017–26678 Filed 12–11–17; 8:45 am]
BILLING CODE 6712–01–P
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
FEDERAL COMMUNICATIONS
COMMISSION
National Oceanic and Atmospheric
Administration
47 CFR Part 95
[WT Docket No. 10–119, RM–10762, RM–
10844; Report No. 3082]
50 CFR Part 679
RIN 0648–XF852
ethrower on DSK3G9T082PROD with PROPOSALS
Petitions for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petitions for Reconsideration.
AGENCY:
Petitions for Reconsideration
(Petition) have been filed in the
Commission’s rulemaking proceeding
by Charles S. Farlow, on behalf of
SUMMARY:
VerDate Sep<11>2014
16:43 Dec 11, 2017
Jkt 244001
Fisheries of the Exclusive Economic
Zone Off Alaska; Halibut Bycatch
Management in the Groundfish
Fisheries of the Bering Sea and
Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
Notice of intent to prepare an
environmental impact statement;
request for written comments.
ACTION:
NMFS, in consultation with
the North Pacific Fishery Management
Council (Council), announces its intent
to prepare an Environmental Impact
Statement (EIS) on a new halibut
bycatch management program for
groundfish fisheries in the Bering Sea
and Aleutian Islands (BSAI), in
accordance with the National
Environmental Policy Act of 1969
(NEPA). The proposed action would
create a new method of managing
halibut bycatch that links halibut
prohibited species catch (PSC) limits for
the groundfish fisheries to data on
halibut abundance. The proposed action
is intended to provide a responsive
approach for managing halibut bycatch
at varying levels of halibut abundance.
The new program would minimize
halibut bycatch to the extent practicable
while achieving, on a continuing basis,
optimum yield from the groundfish
fisheries. The new management program
also could provide additional
opportunity for the directed halibut
fishery at low levels of halibut
abundance compared to the status quo
and promote conservation of the halibut
spawning stock biomass, particularly at
low levels of abundance. The EIS will
analyze the impacts to the human
environment resulting from the
proposed bycatch management program.
NMFS will accept written comments
from the public to identify the issues of
concern and assist the Council in
determining the appropriate range of
management alternatives for the EIS.
DATES: Written comments will be
accepted through February 16, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0144, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docket
Detail;D=NOAA-NMFS-2017-0144, click
the ‘‘Comment Now!’’ icon, complete
the required fields, and enter or attach
your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
SUMMARY:
E:\FR\FM\12DEP1.SGM
12DEP1
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Proposed Rules
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).
FOR FURTHER INFORMATION CONTACT:
Glenn Merrill, (907) 586–7228 or email
glenn.merrill@noaa.gov.
SUPPLEMENTARY INFORMATION:
ethrower on DSK3G9T082PROD with PROPOSALS
Authority for Action
Under the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the United
States has exclusive fishery
management authority over all living
marine resources found within the
exclusive economic zone (EEZ). The
management of these marine resources,
with the exception of marine mammals
and birds, is vested in the Secretary of
Commerce. The Council has the
responsibility to prepare fishery
management plans for the fishery
resources that require conservation and
management in the EEZ off Alaska.
Management of the Federal groundfish
fisheries in the BSAI is carried out
under the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The FMP, its amendments, and
implementing regulations (found at 50
CFR part 679) are developed in
accordance with the requirements of the
Magnuson-Stevens Act and other
applicable Federal laws and executive
orders, notably the National
Environmental Policy Act (NEPA) and
the Endangered Species Act (ESA).
The Pacific halibut (Hippoglossus
stenolepis) resource is fully utilized in
Alaska and is a target species in
subsistence, personal use, recreational
(sport), and commercial fisheries.
Halibut have significant social, cultural,
and economic importance to fishery
participants and fishing communities
throughout the geographical range of the
resource. Halibut are also incidentally
taken as bycatch in groundfish fisheries.
The Magnuson-Stevens Act defines
bycatch as fish which are harvested in
a fishery, but which are not sold or kept
for personal use, and includes economic
discards and regulatory discards. The
term does not include fish released alive
under a recreational catch and release
fishery management program. 16 U.S.C.
1802 3(2).
The International Pacific Halibut
Commission (IPHC) and NMFS manage
VerDate Sep<11>2014
16:43 Dec 11, 2017
Jkt 244001
Pacific halibut fisheries through
regulations established under the
authority of the Northern Pacific Halibut
Act of 1982 (Halibut Act) (16 U.S.C.
773–773k). The IPHC adopts regulations
governing the target fishery for Pacific
halibut under the Convention between
the United States and Canada for the
Preservation of the Halibut Fishery of
the North Pacific Ocean and Bering Sea
(Convention), signed at Ottawa, Ontario,
on March 2, 1953, as amended by a
Protocol Amending the Convention
(signed at Washington, DC, on March
29, 1979). For the United States,
regulations governing the fishery for
Pacific halibut developed by the IPHC
are subject to acceptance by the
Secretary of State with concurrence
from the Secretary of Commerce. After
acceptance by the Secretary of State and
the Secretary of Commerce, NMFS
publishes the IPHC regulations in the
Federal Register as annual management
measures pursuant to 50 CFR 300.62.
The final rule implementing IPHC
regulations for 2017 published on
March 7, 2017 (82 FR 12730).
Section 773c(c) of the Halibut Act also
provides the Council with authority to
develop regulations that are in addition
to, and not in conflict with, approved
IPHC regulations. The Council has
exercised this authority in the
development of Federal regulations for
the halibut fishery such as (1)
subsistence halibut fishery management
measures, codified at § 300.65; (2) the
limited access program for charter
vessels in the guided sport fishery,
codified at § 300.67; and (3) the
Individual Fishing Quota (IFQ) Program
for the commercial halibut and sablefish
fisheries, codified at 50 CFR part 679,
under the authority of section 773 of the
Halibut Act and section 303(b) of the
Magnuson-Stevens Act.
Background
The Council is examining abundancebased approaches for halibut PSC limits
in the BSAI groundfish fisheries.
Currently, halibut PSC limits are a fixed
amount of halibut mortality in metric
tons. When halibut abundance declines,
halibut PSC becomes a larger proportion
of total halibut removals and can result
in lower catch limits for directed halibut
fisheries. Both the Council and the IPHC
have expressed concern about the
impacts of lower catch limits on
directed halibut fisheries at low levels
of halibut abundance under the status
quo. The Council identified abundancebased halibut PSC limits as a potential
management approach to address this
concern by linking halibut PSC limits to
halibut abundance and potentially
providing additional opportunity for the
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
58375
directed halibut fisheries compared to
the status quo at low levels of halibut
abundance.
NMFS and the Council have
determined the preparation of an EIS
may be required for this action because
abundance-based halibut PSC limits
may have effects on target and bycatch
species and their users that are
uncertain or unknown and may result in
significant impacts on the human
environment not previously analyzed.
Thus, NMFS and the Council are
initiating scoping for an EIS in the event
an EIS is needed.
NMFS and the Council are seeking
information from the public through the
EIS scoping process on the range of
alternatives to be analyzed, and on the
environmental, social, and economic
issues to be considered in the analysis.
Written comments generated during this
scoping process will be provided to the
Council and incorporated into the EIS
for the proposed action.
Halibut Bycatch Management in the
BSAI Groundfish Fisheries
The Magnuson-Stevens Act authorizes
the Council and NMFS to manage
groundfish fisheries in the Alaska EEZ
that take halibut as bycatch. The
groundfish fisheries cannot be
prosecuted without some level of
halibut bycatch because groundfish and
halibut occur in the same areas at the
same times, and no fishing gear or
technique has been developed that can
avoid all halibut bycatch. However, the
Council and NMFS have taken a number
of management actions over the past
several decades to minimize halibut
bycatch in the BSAI groundfish
fisheries. Most importantly, the Council
has designated Pacific halibut and
several other species (herring, salmon
and steelhead, king crab, and Tanner
crab) as ‘‘prohibited species’’ (Section
3.6.1 of the FMP). By regulation, the
operator of any vessel fishing for
groundfish in the BSAI must minimize
the catch of prohibited species
(§ 679.21(b)(2)(i)).
Although halibut is taken as bycatch
by vessels using all types of gear (trawl,
hook-and-line, pot, and jig gear), halibut
bycatch primarily occurs in the trawl
and hook-and-line groundfish fisheries.
NMFS manages halibut bycatch in the
BSAI by (1) establishing halibut PSC
limits for trawl and non-trawl fisheries;
(2) apportioning those halibut PSC
limits to groundfish sectors, fishery
categories, and seasons; and (3)
managing groundfish fisheries to
prevent PSC from exceeding the
established limits.
Consistent with National Standard 1
and National Standard 9 of the
E:\FR\FM\12DEP1.SGM
12DEP1
58376
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Proposed Rules
ethrower on DSK3G9T082PROD with PROPOSALS
Magnuson-Stevens Act, the Council and
NMFS use halibut PSC limits in the
BSAI groundfish fisheries to minimize
bycatch to the extent practicable while
achieving, on a continuing basis,
optimum yield from the groundfish
fisheries. Halibut PSC limits in the
groundfish fisheries provide an
additional constraint on halibut PSC
mortality and promote conservation of
the halibut resource. With one limited
exception for the Bering Sea midwater
pollock fishery described in
§ 679.21(e)(3)(ii)(C), groundfish fishing
is prohibited once a halibut PSC limit
has been reached for a particular sector
or season. Therefore, halibut PSC limits
must be set to balance the needs of
fishermen, fishing communities, and
U.S. consumers that depend on both
halibut and groundfish resources.
In 2015, the Council revised halibut
PSC management in the BSAI
groundfish fisheries by recommending
Amendment 111 to the FMP.
Amendment 111 reduced halibut PSC
limits for the BSAI groundfish fisheries
by 21 percent. NMFS implemented
Amendment 111 on May 27, 2016 (81
FR 24714). In February 2015, in
conjunction with review of the analysis
prepared for Amendment 111, the
Council also requested an initial
evaluation of possible approaches to
link BSAI halibut PSC limits to data or
model-based abundance estimates of
halibut. The Council reviewed this
initial evaluation at its December 2015
meeting and requested additional
information on appropriate indices for
use in indexing halibut abundance to
PSC limits in the BSAI.
In April 2016, the Council reviewed
additional information on abundancebased approaches for halibut PSC limits
and unanimously adopted a purpose
and need statement to establish
abundance-based halibut PSC limits for
the BSAI groundfish fisheries. The
Council refined the purpose and need
statement at subsequent meetings in
2016 and 2017:
The current fixed yield based halibut PSC
caps are inconsistent with management of the
directed halibut fisheries and Council
management of groundfish fisheries, which
are managed based on abundance. When
halibut abundance declines, PSC becomes a
larger proportion of total halibut removals
and thereby further reduces the proportion
and amount of halibut available for harvest
in directed halibut fisheries. Conversely, if
halibut abundance increases, halibut PSC
limits could be unnecessarily constraining.
The Council is considering linking PSC
limits to halibut abundance to provide a
responsive management approach at varying
levels of halibut abundance. The Council is
considering abundance-based PSC limits to
control total halibut mortality, provide an
VerDate Sep<11>2014
16:43 Dec 11, 2017
Jkt 244001
opportunity for the directed halibut fishery,
and protect the halibut spawning stock
biomass, particularly at low levels of
abundance. The Council recognizes that
abundance-based halibut PSC limits may
increase and decrease with changes in
halibut abundance.
In October 2016, the Council
identified the following objectives for
establishing abundance-based halibut
PSC limits to guide the development of
appropriate management measures and
the tradeoffs among them:
1. Halibut PSC limits should be
indexed to halibut abundance.
2. Halibut spawning stock biomass
should be protected especially at lower
levels of abundance.
3. There should be flexibility
provided to avoid unnecessarily
constraining the groundfish fishery
particularly when halibut abundance is
high.
4. Provide for directed halibut fishing
operations in the Bering Sea.
5. Provide for some stability in PSC
limits on an inter-annual basis.
In October 2017, the Council
requested a preliminary analysis using
specific elements and options it intends
to consider in developing alternatives
for abundance-based halibut PSC limits.
The Council and NMFS also agreed to
initiate scoping to prepare an EIS for the
proposed action to establish abundancebased halibut PSC limits in the BSAI
groundfish fisheries. Additional
information on the Council’s
development of abundance-based
halibut PSC limits is available on the
Council’s website at https://
www.npfmc.org/.
Proposed Action
The EIS will analyze the proposed
action to establish halibut PSC limits for
the BSAI groundfish fisheries that can
vary with changes in halibut abundance.
Abundance-based halibut PSC limits
would replace current PSC limits that
establish a fixed amount of halibut PSC
as the limit for each groundfish sector
in the BSAI. The proposed action would
apply to participants in Federal
groundfish fisheries prosecuted in the
BSAI using trawl and non-trawl (fixed)
gear. This area is defined at § 679.2 and
shown in Figure 1 to 50 CFR part 679.
Alternative Elements and Options for
Abundance-Based Halibut PSC Limits
NMFS, in coordination with the
Council, will evaluate a range of
alternative methods for establishing
abundance-based halibut annual PSC
limits for the groundfish fisheries in the
BSAI. NMFS and the Council recognize
that implementation of abundancebased halibut PSC limits could result in
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
substantial changes to many of the
current management measures for
halibut PSC in the groundfish fisheries.
The EIS will analyze these changes and
the likely impacts of those changes on
groundfish stocks and participants in
the groundfish fisheries. The EIS also
will analyze the likely impacts of an
abundance-based halibut PSC limits on
the halibut stock and on participants in
directed halibut fisheries. Alternatives
may be formulated based on two
elements critical to establishing
abundance-based halibut PSC limits: (1)
A halibut abundance index, and (2) a
control rule informed by abundance
index data that results in a halibut PSC
limit for the trawl and fixed gear
groundfish fisheries in the BSAI. The
Council has identified the following
index and control rule options for
preliminary analysis.
Possible alternatives for the
abundance-based halibut PSC
management program could be
constructed from one or more of the
following options, in addition to those
developed through the public scoping
and Council processes:
1. Abundance index and application:
Establish halibut abundance indices
using the annual NMFS eastern Bering
Sea trawl survey and the annual IPHC
setline survey. Data from these indices
may be applied separately or in
combination to establish trawl and fixed
gear halibut PSC limits.
2. Control rule: Using the selected
abundance index, establish a control
rule that results in annual halibut PSC
limits for the trawl and fixed gear
groundfish fisheries in the BSAI. The
control rule to establish halibut PSC
limits may have one or more of the
following features:
• Control rule application: The
control rule could be applied through a
mathematical formula to specify halibut
PSC limits based on the abundance
index data. The control rule also could
be applied through a decision
framework that identifies specific ranges
of halibut abundance levels and the
resulting halibut PSC limits. For
example, the control rule could
associate low, intermediate and high
levels of the spawning biomass with
low, intermediate and high PSC limits.
• Responsiveness of control rule to
abundance changes: The control rule
could result in halibut PSC limits that
change proportionally with changes in
the abundance index or PSC limits that
change in different proportions relative
to the abundance index to meet specific
objectives. For example, a control rule
could limit annual variability in halibut
PSC limits, as determined by halibut
abundance, to achieve the objective of
E:\FR\FM\12DEP1.SGM
12DEP1
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Proposed Rules
stability in PSC limits on an interannual basis or to provide flexibility to
avoid unnecessarily constraining the
groundfish fishery, particularly when
halibut abundance is high.
• Starting point for PSC limit: The
control rule will have a PSC limit
starting point to which the abundance
index will be applied to determine
halibut PSC limits for the groundfish
fisheries in any given year. The starting
point could be based on the current PSC
limit or halibut PSC use.
• Maximum and/or minimum PSC
limits: The control rule could establish
a maximum and/or minimum value for
the halibut PSC limit for groundfish
fisheries. Maximum and/or minimum
PSC limits would limit the total amount
of halibut PSC that can be taken at
varying levels of halibut abundance and
could promote the objectives to protect
the halibut spawning stock biomass and
provide for directed halibut fishing
operations in the Bering Sea.
ethrower on DSK3G9T082PROD with PROPOSALS
Public Involvement
Scoping is an early and open process
for determining the scope of issues to be
addressed in an EIS and for identifying
the significant issues related to the
VerDate Sep<11>2014
16:43 Dec 11, 2017
Jkt 244001
proposed action. A principal objective
of the scoping and public involvement
process is to identify a range of
reasonable management alternatives
that, with adequate analysis, will
delineate critical issues and provide a
clear basis for distinguishing among
those alternatives and selecting a
preferred alternative. Through this
document, NMFS is notifying the public
that an EIS and decision-making process
for this proposed action have been
initiated so that interested or affected
people may participate and contribute
to the final decision.
NMFS is seeking written public
comments on the scope of issues,
including potential impacts, and
alternatives that should be considered to
establish abundance-based halibut PSC
limits for the groundfish fisheries in the
BSAI. Written comments should be as
specific as possible to be the most
helpful. Written comments received
during the scoping process, including
the names and addresses of those
submitting them, will be considered
part of the public record of this proposal
and will be available for public
inspection. Written comments will be
PO 00000
Frm 00016
Fmt 4702
Sfmt 9990
58377
accepted at the address above (see
Please visit the NMFS
Alaska Region website at https://
www.alaskafisheries.noaa.gov for more
information on the EIS to establish
abundance-based halibut PSC limits for
the BSAI groundfish fisheries and for
guidance on submitting effective written
public comments.
The public is invited to participate
and provide input at Council meetings
where the latest scientific information
regarding the BSAI groundfish fisheries
is reviewed and alternatives for
abundance-based halibut PSC limits are
developed and evaluated. Notice of
future Council meetings will be
published in the Federal Register and
on the internet at https://
www.npfmc.org/. Please visit this
website for information and guidance on
participating in Council meetings.
ADDRESSES).
Authority: 16 U.S.C. 1801 et. seq.
Dated: December 7, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–26734 Filed 12–11–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\12DEP1.SGM
12DEP1
]]>Agencies
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Proposed Rules]
[Pages 58374-58377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26734]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-XF852
Fisheries of the Exclusive Economic Zone Off Alaska; Halibut
Bycatch Management in the Groundfish Fisheries of the Bering Sea and
Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare an environmental impact statement;
request for written comments.
-----------------------------------------------------------------------
SUMMARY: NMFS, in consultation with the North Pacific Fishery
Management Council (Council), announces its intent to prepare an
Environmental Impact Statement (EIS) on a new halibut bycatch
management program for groundfish fisheries in the Bering Sea and
Aleutian Islands (BSAI), in accordance with the National Environmental
Policy Act of 1969 (NEPA). The proposed action would create a new
method of managing halibut bycatch that links halibut prohibited
species catch (PSC) limits for the groundfish fisheries to data on
halibut abundance. The proposed action is intended to provide a
responsive approach for managing halibut bycatch at varying levels of
halibut abundance. The new program would minimize halibut bycatch to
the extent practicable while achieving, on a continuing basis, optimum
yield from the groundfish fisheries. The new management program also
could provide additional opportunity for the directed halibut fishery
at low levels of halibut abundance compared to the status quo and
promote conservation of the halibut spawning stock biomass,
particularly at low levels of abundance. The EIS will analyze the
impacts to the human environment resulting from the proposed bycatch
management program. NMFS will accept written comments from the public
to identify the issues of concern and assist the Council in determining
the appropriate range of management alternatives for the EIS.
DATES: Written comments will be accepted through February 16, 2018.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0144, 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-2017-0144, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record
[[Page 58375]]
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).
FOR FURTHER INFORMATION CONTACT: Glenn Merrill, (907) 586-7228 or email
[email protected].
SUPPLEMENTARY INFORMATION:
Authority for Action
Under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), the United States has exclusive fishery
management authority over all living marine resources found within the
exclusive economic zone (EEZ). The management of these marine
resources, with the exception of marine mammals and birds, is vested in
the Secretary of Commerce. The Council has the responsibility to
prepare fishery management plans for the fishery resources that require
conservation and management in the EEZ off Alaska. Management of the
Federal groundfish fisheries in the BSAI is carried out under the
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian
Islands Management Area (FMP). The FMP, its amendments, and
implementing regulations (found at 50 CFR part 679) are developed in
accordance with the requirements of the Magnuson-Stevens Act and other
applicable Federal laws and executive orders, notably the National
Environmental Policy Act (NEPA) and the Endangered Species Act (ESA).
The Pacific halibut (Hippoglossus stenolepis) resource is fully
utilized in Alaska and is a target species in subsistence, personal
use, recreational (sport), and commercial fisheries. Halibut have
significant social, cultural, and economic importance to fishery
participants and fishing communities throughout the geographical range
of the resource. Halibut are also incidentally taken as bycatch in
groundfish fisheries. The Magnuson-Stevens Act defines bycatch as fish
which are harvested in a fishery, but which are not sold or kept for
personal use, and includes economic discards and regulatory discards.
The term does not include fish released alive under a recreational
catch and release fishery management program. 16 U.S.C. 1802 3(2).
The International Pacific Halibut Commission (IPHC) and NMFS manage
Pacific halibut fisheries through regulations established under the
authority of the Northern Pacific Halibut Act of 1982 (Halibut Act) (16
U.S.C. 773-773k). The IPHC adopts regulations governing the target
fishery for Pacific halibut under the Convention between the United
States and Canada for the Preservation of the Halibut Fishery of the
North Pacific Ocean and Bering Sea (Convention), signed at Ottawa,
Ontario, on March 2, 1953, as amended by a Protocol Amending the
Convention (signed at Washington, DC, on March 29, 1979). For the
United States, regulations governing the fishery for Pacific halibut
developed by the IPHC are subject to acceptance by the Secretary of
State with concurrence from the Secretary of Commerce. After acceptance
by the Secretary of State and the Secretary of Commerce, NMFS publishes
the IPHC regulations in the Federal Register as annual management
measures pursuant to 50 CFR 300.62. The final rule implementing IPHC
regulations for 2017 published on March 7, 2017 (82 FR 12730).
Section 773c(c) of the Halibut Act also provides the Council with
authority to develop regulations that are in addition to, and not in
conflict with, approved IPHC regulations. The Council has exercised
this authority in the development of Federal regulations for the
halibut fishery such as (1) subsistence halibut fishery management
measures, codified at Sec. 300.65; (2) the limited access program for
charter vessels in the guided sport fishery, codified at Sec. 300.67;
and (3) the Individual Fishing Quota (IFQ) Program for the commercial
halibut and sablefish fisheries, codified at 50 CFR part 679, under the
authority of section 773 of the Halibut Act and section 303(b) of the
Magnuson-Stevens Act.
Background
The Council is examining abundance-based approaches for halibut PSC
limits in the BSAI groundfish fisheries. Currently, halibut PSC limits
are a fixed amount of halibut mortality in metric tons. When halibut
abundance declines, halibut PSC becomes a larger proportion of total
halibut removals and can result in lower catch limits for directed
halibut fisheries. Both the Council and the IPHC have expressed concern
about the impacts of lower catch limits on directed halibut fisheries
at low levels of halibut abundance under the status quo. The Council
identified abundance-based halibut PSC limits as a potential management
approach to address this concern by linking halibut PSC limits to
halibut abundance and potentially providing additional opportunity for
the directed halibut fisheries compared to the status quo at low levels
of halibut abundance.
NMFS and the Council have determined the preparation of an EIS may
be required for this action because abundance-based halibut PSC limits
may have effects on target and bycatch species and their users that are
uncertain or unknown and may result in significant impacts on the human
environment not previously analyzed. Thus, NMFS and the Council are
initiating scoping for an EIS in the event an EIS is needed.
NMFS and the Council are seeking information from the public
through the EIS scoping process on the range of alternatives to be
analyzed, and on the environmental, social, and economic issues to be
considered in the analysis. Written comments generated during this
scoping process will be provided to the Council and incorporated into
the EIS for the proposed action.
Halibut Bycatch Management in the BSAI Groundfish Fisheries
The Magnuson-Stevens Act authorizes the Council and NMFS to manage
groundfish fisheries in the Alaska EEZ that take halibut as bycatch.
The groundfish fisheries cannot be prosecuted without some level of
halibut bycatch because groundfish and halibut occur in the same areas
at the same times, and no fishing gear or technique has been developed
that can avoid all halibut bycatch. However, the Council and NMFS have
taken a number of management actions over the past several decades to
minimize halibut bycatch in the BSAI groundfish fisheries. Most
importantly, the Council has designated Pacific halibut and several
other species (herring, salmon and steelhead, king crab, and Tanner
crab) as ``prohibited species'' (Section 3.6.1 of the FMP). By
regulation, the operator of any vessel fishing for groundfish in the
BSAI must minimize the catch of prohibited species (Sec.
679.21(b)(2)(i)).
Although halibut is taken as bycatch by vessels using all types of
gear (trawl, hook-and-line, pot, and jig gear), halibut bycatch
primarily occurs in the trawl and hook-and-line groundfish fisheries.
NMFS manages halibut bycatch in the BSAI by (1) establishing halibut
PSC limits for trawl and non-trawl fisheries; (2) apportioning those
halibut PSC limits to groundfish sectors, fishery categories, and
seasons; and (3) managing groundfish fisheries to prevent PSC from
exceeding the established limits.
Consistent with National Standard 1 and National Standard 9 of the
[[Page 58376]]
Magnuson-Stevens Act, the Council and NMFS use halibut PSC limits in
the BSAI groundfish fisheries to minimize bycatch to the extent
practicable while achieving, on a continuing basis, optimum yield from
the groundfish fisheries. Halibut PSC limits in the groundfish
fisheries provide an additional constraint on halibut PSC mortality and
promote conservation of the halibut resource. With one limited
exception for the Bering Sea midwater pollock fishery described in
Sec. 679.21(e)(3)(ii)(C), groundfish fishing is prohibited once a
halibut PSC limit has been reached for a particular sector or season.
Therefore, halibut PSC limits must be set to balance the needs of
fishermen, fishing communities, and U.S. consumers that depend on both
halibut and groundfish resources.
In 2015, the Council revised halibut PSC management in the BSAI
groundfish fisheries by recommending Amendment 111 to the FMP.
Amendment 111 reduced halibut PSC limits for the BSAI groundfish
fisheries by 21 percent. NMFS implemented Amendment 111 on May 27, 2016
(81 FR 24714). In February 2015, in conjunction with review of the
analysis prepared for Amendment 111, the Council also requested an
initial evaluation of possible approaches to link BSAI halibut PSC
limits to data or model-based abundance estimates of halibut. The
Council reviewed this initial evaluation at its December 2015 meeting
and requested additional information on appropriate indices for use in
indexing halibut abundance to PSC limits in the BSAI.
In April 2016, the Council reviewed additional information on
abundance-based approaches for halibut PSC limits and unanimously
adopted a purpose and need statement to establish abundance-based
halibut PSC limits for the BSAI groundfish fisheries. The Council
refined the purpose and need statement at subsequent meetings in 2016
and 2017:
The current fixed yield based halibut PSC caps are inconsistent
with management of the directed halibut fisheries and Council
management of groundfish fisheries, which are managed based on
abundance. When halibut abundance declines, PSC becomes a larger
proportion of total halibut removals and thereby further reduces the
proportion and amount of halibut available for harvest in directed
halibut fisheries. Conversely, if halibut abundance increases,
halibut PSC limits could be unnecessarily constraining. The Council
is considering linking PSC limits to halibut abundance to provide a
responsive management approach at varying levels of halibut
abundance. The Council is considering abundance-based PSC limits to
control total halibut mortality, provide an opportunity for the
directed halibut fishery, and protect the halibut spawning stock
biomass, particularly at low levels of abundance. The Council
recognizes that abundance-based halibut PSC limits may increase and
decrease with changes in halibut abundance.
In October 2016, the Council identified the following objectives
for establishing abundance-based halibut PSC limits to guide the
development of appropriate management measures and the tradeoffs among
them:
1. Halibut PSC limits should be indexed to halibut abundance.
2. Halibut spawning stock biomass should be protected especially at
lower levels of abundance.
3. There should be flexibility provided to avoid unnecessarily
constraining the groundfish fishery particularly when halibut abundance
is high.
4. Provide for directed halibut fishing operations in the Bering
Sea.
5. Provide for some stability in PSC limits on an inter-annual
basis.
In October 2017, the Council requested a preliminary analysis using
specific elements and options it intends to consider in developing
alternatives for abundance-based halibut PSC limits. The Council and
NMFS also agreed to initiate scoping to prepare an EIS for the proposed
action to establish abundance-based halibut PSC limits in the BSAI
groundfish fisheries. Additional information on the Council's
development of abundance-based halibut PSC limits is available on the
Council's website at https://www.npfmc.org/.
Proposed Action
The EIS will analyze the proposed action to establish halibut PSC
limits for the BSAI groundfish fisheries that can vary with changes in
halibut abundance. Abundance-based halibut PSC limits would replace
current PSC limits that establish a fixed amount of halibut PSC as the
limit for each groundfish sector in the BSAI. The proposed action would
apply to participants in Federal groundfish fisheries prosecuted in the
BSAI using trawl and non-trawl (fixed) gear. This area is defined at
Sec. 679.2 and shown in Figure 1 to 50 CFR part 679.
Alternative Elements and Options for Abundance-Based Halibut PSC Limits
NMFS, in coordination with the Council, will evaluate a range of
alternative methods for establishing abundance-based halibut annual PSC
limits for the groundfish fisheries in the BSAI. NMFS and the Council
recognize that implementation of abundance-based halibut PSC limits
could result in substantial changes to many of the current management
measures for halibut PSC in the groundfish fisheries. The EIS will
analyze these changes and the likely impacts of those changes on
groundfish stocks and participants in the groundfish fisheries. The EIS
also will analyze the likely impacts of an abundance-based halibut PSC
limits on the halibut stock and on participants in directed halibut
fisheries. Alternatives may be formulated based on two elements
critical to establishing abundance-based halibut PSC limits: (1) A
halibut abundance index, and (2) a control rule informed by abundance
index data that results in a halibut PSC limit for the trawl and fixed
gear groundfish fisheries in the BSAI. The Council has identified the
following index and control rule options for preliminary analysis.
Possible alternatives for the abundance-based halibut PSC
management program could be constructed from one or more of the
following options, in addition to those developed through the public
scoping and Council processes:
1. Abundance index and application: Establish halibut abundance
indices using the annual NMFS eastern Bering Sea trawl survey and the
annual IPHC setline survey. Data from these indices may be applied
separately or in combination to establish trawl and fixed gear halibut
PSC limits.
2. Control rule: Using the selected abundance index, establish a
control rule that results in annual halibut PSC limits for the trawl
and fixed gear groundfish fisheries in the BSAI. The control rule to
establish halibut PSC limits may have one or more of the following
features:
Control rule application: The control rule could be
applied through a mathematical formula to specify halibut PSC limits
based on the abundance index data. The control rule also could be
applied through a decision framework that identifies specific ranges of
halibut abundance levels and the resulting halibut PSC limits. For
example, the control rule could associate low, intermediate and high
levels of the spawning biomass with low, intermediate and high PSC
limits.
Responsiveness of control rule to abundance changes: The
control rule could result in halibut PSC limits that change
proportionally with changes in the abundance index or PSC limits that
change in different proportions relative to the abundance index to meet
specific objectives. For example, a control rule could limit annual
variability in halibut PSC limits, as determined by halibut abundance,
to achieve the objective of
[[Page 58377]]
stability in PSC limits on an inter-annual basis or to provide
flexibility to avoid unnecessarily constraining the groundfish fishery,
particularly when halibut abundance is high.
Starting point for PSC limit: The control rule will have a
PSC limit starting point to which the abundance index will be applied
to determine halibut PSC limits for the groundfish fisheries in any
given year. The starting point could be based on the current PSC limit
or halibut PSC use.
Maximum and/or minimum PSC limits: The control rule could
establish a maximum and/or minimum value for the halibut PSC limit for
groundfish fisheries. Maximum and/or minimum PSC limits would limit the
total amount of halibut PSC that can be taken at varying levels of
halibut abundance and could promote the objectives to protect the
halibut spawning stock biomass and provide for directed halibut fishing
operations in the Bering Sea.
Public Involvement
Scoping is an early and open process for determining the scope of
issues to be addressed in an EIS and for identifying the significant
issues related to the proposed action. A principal objective of the
scoping and public involvement process is to identify a range of
reasonable management alternatives that, with adequate analysis, will
delineate critical issues and provide a clear basis for distinguishing
among those alternatives and selecting a preferred alternative. Through
this document, NMFS is notifying the public that an EIS and decision-
making process for this proposed action have been initiated so that
interested or affected people may participate and contribute to the
final decision.
NMFS is seeking written public comments on the scope of issues,
including potential impacts, and alternatives that should be considered
to establish abundance-based halibut PSC limits for the groundfish
fisheries in the BSAI. Written comments should be as specific as
possible to be the most helpful. Written comments received during the
scoping process, including the names and addresses of those submitting
them, will be considered part of the public record of this proposal and
will be available for public inspection. Written comments will be
accepted at the address above (see ADDRESSES). Please visit the NMFS
Alaska Region website at https://www.alaskafisheries.noaa.gov for more
information on the EIS to establish abundance-based halibut PSC limits
for the BSAI groundfish fisheries and for guidance on submitting
effective written public comments.
The public is invited to participate and provide input at Council
meetings where the latest scientific information regarding the BSAI
groundfish fisheries is reviewed and alternatives for abundance-based
halibut PSC limits are developed and evaluated. Notice of future
Council meetings will be published in the Federal Register and on the
internet at https://www.npfmc.org/. Please visit this website for
information and guidance on participating in Council meetings.
Authority: 16 U.S.C. 1801 et. seq.
Dated: December 7, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2017-26734 Filed 12-11-17; 8:45 am]
BILLING CODE 3510-22-P
