Fisheries of the Exclusive Economic Zone Off Alaska; Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering Sea and Aleutian Islands and the Gulf of Alaska, 16310-16312 [2020-06065]
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Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 / Proposed Rules
maintenance of any NAAQS.1
Additionally, the Ohio Environmental
Protection Agency has confirmed that
they have not relied on, and did not
intend to rely on, this rule for
attainment or maintenance of any
NAAQS.
IV. What action is EPA taking?
EPA is proposing to remove Ohio’s
nuisance provision from the Ohio SIP
because it does not have a reasonable
connection to the attainment and
maintenance of the NAAQS.
Consequently, EPA finds that its prior
approval of OAC 3745–15–07 into the
Ohio SIP was in error. To correct this
error, EPA is proposing to remove OAC
3745–15–07 from the approved Ohio
SIP pursuant to section 110(k)(6) of the
CAA and to codify this removal by
revising the appropriate paragraph
under 40 CFR part 52, subpart KK,
§ 52.1870 (Identification of Plan).
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V. Incorporation by Reference
In this document, EPA is proposing to
amend regulatory text that includes
incorporation by reference. EPA is
proposing to remove 3745–15–07 ‘‘Air
Pollution Nuisances Prohibited’’ of the
EPA-Approved Ohio Regulations from
the Ohio State Implementation Plan,
which is incorporated by reference in
accordance with the requirements of 1
CFR part 51. EPA has made, and will
continue to make the State
Implementation Plan generally available
through www.epa.gov/air-qualityimplementation-plans/approved-airquality-implementation-plans-region-5
and at the EPA Region 5 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
VI. 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 approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
1 EPA has taken similar actions in a number of
other states. See, e.g., Approval and Promulgation
of Implementation Plans; Michigan: Correction, 64
FR 7790 (February 17, 1999).
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Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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 (Pub. L. 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);
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by Reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
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Dated: March 9, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020–05957 Filed 3–20–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BJ49
Fisheries of the Exclusive Economic
Zone Off Alaska; Reclassifying Sculpin
Species in the Groundfish Fisheries of
the Bering Sea and Aleutian Islands
and the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; fishery
management plan amendments; request
for comments.
AGENCY:
The North Pacific Fishery
Management Council submitted
Amendment 121 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (BSAI FMP) and
Amendment 110 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (GOA FMP) (collectively
Amendments 121/110), to the Secretary
of Commerce for review. If approved,
Amendments 121/110 would reclassify
sculpins in these fishery management
plans (FMPs) under the ecosystem
component (EC) category. This action is
necessary to ensure sculpin species are
accurately classified in the FMPs based
on the best available scientific
information. Amendments 121/110 are
intended to promote the goals and
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act, the FMPs, and other applicable
laws.
SUMMARY:
Comments must be received no
later than May 22, 2020.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2020–0004, 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-20200004, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
DATES:
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Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 / Proposed Rules
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. 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).
Electronic copies of the draft
Environmental Assessment and the
Regulatory Impact Review (collectively
referred to as the ‘‘Analysis’’) prepared
for this proposed rule may be obtained
from www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Megan Mackey, 907–586–7228.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires that
each regional fishery management
council (council) submit any fishery
management plan amendment it
prepares to NMFS for review and
approval, disapproval, or partial
approval by the Secretary of Commerce
(Secretary). The Magnuson-Stevens Act
also requires that NMFS, upon receiving
a fishery management plan amendment,
immediately publish a notice in the
Federal Register announcing that the
amendment is available for public
review and comment. This notice
announces that proposed Amendments
121/110 are available for public review
and comment.
NMFS manages the groundfish
fisheries in the exclusive economic zone
under the FMPs. The North Pacific
Fishery Management Council (Council)
prepared the FMPs under the authority
of the 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 and 679.
Section 3.1.2 of the FMPs define two
broad classifications for stocks or stock
complexes (i.e., species or species
groups). The first classification is for
stocks ‘‘in the fishery’’ that include
target stocks in need of conservation
and management that fishers seek to
catch, and non-target stocks in need of
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conservation and management that are
caught incidentally during the pursuit
of target stocks. The second
classification is for EC species that do
not require conservation and
management, but may be listed in an
FMP in order to achieve ecosystem
management objectives. Under the
groundfish FMPs, NMFS must establish
an overfishing level (OFL), an
acceptable biological catch (ABC), and a
total allowable catch (TAC) for each
stock or stock complex (i.e., species or
species group) that is ‘‘in the fishery,’’
but not for those in the EC.
The FMPs define the OFL as the catch
level above which overfishing is
occurring for a species or species group.
NMFS manages fisheries in an effort to
ensure that no OFLs are exceeded in any
year. The FMPs define the ABC as the
level of a species or species group’s
annual catch that accounts for the
scientific uncertainty in the estimate of
OFL and any other scientific
uncertainty. The FMPs define the TAC
as the annual catch target for a species
or species group, derived from the ABC
by considering social and economic
factors and management uncertainty.
In 2010, Amendments 96/87 to the
BSAI and GOA FMPs, respectively,
established the EC category and
designated prohibited species (salmon,
steelhead trout, crab, halibut, and
herring) and forage fish species (as
defined in Table 2c to 50 CFR part 679
and § 679.20(i)) as EC species in the
groundfish FMPs. Additional detail is
provided in the final rule implementing
Amendments 96/87 (75 FR 61639,
October 6, 2010).
In 2015, NMFS implemented
Amendments 100/91 to the BSAI and
GOA FMPs, respectively, to add
grenadiers to the EC category (80 FR
11897, March 5, 2015). The Council and
NMFS added grenadiers to the FMPs in
the EC category because grenadiers did
not require conservation and
management, but acknowledged their
role in the ecosystem and limited the
groundfish fisheries’ potential impact
on grenadiers. Adding grenadiers to the
EC category allowed for improved data
collection and catch monitoring
appropriate for grenadiers given their
abundance, distribution, and catch.
Additional detail is provided in the
final rule implementing Amendments
100/91 (80 FR 11897, March 5, 2015).
In 2018, NMFS implemented
Amendments 117/106 to the BSAI and
GOA FMPs, respectively, to add squids
to the FMPs in the EC category because
they were, similar to grenadiers,
determined not to require conservation
and management. Additional detail is
provided in the final rule implementing
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16311
Amendments 117/106 (83 FR 31460,
July 6, 2018).
Sculpins are currently classified as
target species ‘‘in the fishery’’ in section
3.1.2 of the groundfish FMPs and
directed fishing is allowed. However,
sculpins are not a target species for any
groundfish fishery in the BSAI or GOA.
Sculpins are only caught incidentally to
other target groundfish. Sculpins are
incidentally caught primarily in the
BSAI by trawl gear in directed fishing
for yellowfin sole, rock sole, and Atka
mackerel, as well as Pacific cod hookand-line, pot, and trawl directed fishing
(Table 3–4 and Table 3–5 of the
Analysis). Sculpins are caught primarily
in the GOA by Pacific cod, shallowwater flatfish directed fishing, and IFQ
halibut fisheries (Table 3–6 of the
Analysis).
For both the BSAI and GOA, sculpins
are managed as a Tier 5 species, which
is the least preferred method of
specifying an overfishing limit when
limited biological reference points are
available. Only Tier 6 species, for which
no biological reference points are
available, are below Tier 5 in terms of
limited information available.
Nonetheless, specification of OFL for
Tier 5 species reflects the best estimate
possible for sculpins with the available
data. As described in Section 3.2.3 of
the Analysis, model estimates of sculpin
abundance in the BSAI and GOA have
been fairly stable over the years with no
conservation concerns apparent.
Stock assessments provide the
scientific basis for determining whether
a stock is experiencing overfishing (i.e.
when a stock’s recent harvest rate
exceeds sustainable levels) or overfished
(i.e. already depleted), and for
calculating a sustainable harvest rate
and forecasting catches that correspond
to that rate. For stocks in Tiers 4–6, no
determination can be made of
overfished status or approaching an
overfished condition as information is
insufficient to estimate the Maximum
Sustainable Yield (MSY) stock level.
Therefore, it is not possible to determine
whether the sculpin complex is
overfished or whether it is approaching
an overfished condition because it is
managed under Tier 5. However, in the
absence of directed fishing, they are
very unlikely to be overfished. Sculpins,
in general, are not retained. As noted in
Section 3.2.2 of the Analysis, sculpin
catch has been substantially below ABC
and OFL, and has been a small
proportion of the biomass each year.
Section 302(h)(1) of the MagnusonStevens Act requires a council to
prepare an FMP for each fishery under
its authority that is in need of
conservation and management.
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Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 / Proposed Rules
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‘‘Conservation and management’’ is
defined in section 3(5) of the MagnusonStevens Act. The National Standard
guidelines at 50 CFR 600.305(c) (revised
on October 18, 2016, 81 FR 71858),
provide direction for determining which
stocks will require conservation and
management and provide direction to
regional councils and NMFS for how to
consider these factors in making this
determination. Specifically, the
guidelines direct regional councils and
NMFS to consider a non-exhaustive list
of ten factors when deciding whether
stocks require conservation and
management.
Section 2.2.1 in the Analysis
considers each of the 10 factors’
relevance to sculpins. The analysis
shows that while sculpins are currently
classified as a target species in the
FMPs, there has been no directed
fishing for sculpins since they were
included in the FMPs. Sculpins are not
important to commercial, recreational,
or subsistence users, nor are they
important to the National or regional
economy. There are no developing
fisheries for sculpins in the EEZ off
Alaska nor in waters of the State of
Alaska. Because there is no directed
fishing and incidental fishing-related
mortality is low, there is very little
probability that sculpins will become
overfished. Sculpins are not in need of
rebuilding, and are not targeted as a
major food product in Alaska. There are
no conservation concerns for sculpins
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since they are not targeted, are rarely
retained, and future uses of sculpins
remain available. Maintaining sculpins
as a target species in the BSAI and GOA
FMPs is not likely to change stock
condition.
In October of 2019, the Council
recommended and NMFS proposes
Amendments 121/110 to reclassify
sculpins as EC category species in the
FMPs. Based on a review of the
scientific information, and after
considering the revised NS guidelines,
the Council and NMFS determined that
sculpins are not in need of conservation
and management, and that classifying
sculpins in the EC category is an
appropriate action.
While the Council determined that
sculpins are not in need of conservation
and management as defined by the
Magnuson-Stevens Act, and after
considering the revised NS guidelines,
the Council and NMFS determined that
there are benefits to retaining sculpins
as an EC species complex in the FMPs
because they are a part of the ecosystem
as benthic predators.
Amendments 121/110 would amend
Section 3.1.2 of the FMPs to establish
the sculpins EC species complex in the
FMPs. Amendments 121/110 would
allow NMFS to prohibit directed
fisheries for sculpins and limit the
retention and commercial exchange of
sculpins. By virtue of being classified as
EC species, catch specifications for
sculpins (OFL, ABC, and TAC) would
no longer be required.
PO 00000
Frm 00040
Fmt 4702
Sfmt 9990
NMFS is soliciting public comments
on proposed Amendments 121/110
through the end of the comment period
(see DATES). NMFS intends to publish in
the Federal Register and seek public
comment on a proposed rule that would
implement Amendments 121/110,
following NMFS’ evaluation of the
proposed rule under the MagnusonStevens Act.
Respondents do not need to submit
the same comments on Amendments
121/110 and the proposed rule. All
relevant written comments received by
the end of the applicable comment
period, whether specifically directed to
the FMP amendments or the proposed
rule will be considered by NMFS in the
approval/disapproval decision for
Amendments 121/110 and addressed in
the response to comments in the final
decision. Comments received after end
of the applicable comment period will
not be considered in the approval/
disapproval decision on Amendments
121/110. To be considered, comments
must be received, not just postmarked or
otherwise transmitted, by the last day of
the comment period (see DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 18, 2020.
He´le`ne M.N. Scalliet,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–06065 Filed 3–20–20; 8:45 a.m.]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
[Proposed Rules]
[Pages 16310-16312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06065]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BJ49
Fisheries of the Exclusive Economic Zone Off Alaska;
Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering
Sea and Aleutian Islands and the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; fishery management plan amendments;
request for comments.
-----------------------------------------------------------------------
SUMMARY: The North Pacific Fishery Management Council submitted
Amendment 121 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (BSAI FMP) and
Amendment 110 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska (GOA FMP) (collectively Amendments 121/110), to the Secretary
of Commerce for review. If approved, Amendments 121/110 would
reclassify sculpins in these fishery management plans (FMPs) under the
ecosystem component (EC) category. This action is necessary to ensure
sculpin species are accurately classified in the FMPs based on the best
available scientific information. Amendments 121/110 are intended to
promote the goals and objectives of the Magnuson-Stevens Fishery
Conservation and Management Act, the FMPs, and other applicable laws.
DATES: Comments must be received no later than May 22, 2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0004, 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-2020-0004, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
[[Page 16311]]
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Records Office. 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).
Electronic copies of the draft Environmental Assessment and the
Regulatory Impact Review (collectively referred to as the ``Analysis'')
prepared for this proposed rule may be obtained from
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907-586-7228.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires that each regional
fishery management council (council) submit any fishery management plan
amendment it prepares to NMFS for review and approval, disapproval, or
partial approval by the Secretary of Commerce (Secretary). The
Magnuson-Stevens Act also requires that NMFS, upon receiving a fishery
management plan amendment, immediately publish a notice in the Federal
Register announcing that the amendment is available for public review
and comment. This notice announces that proposed Amendments 121/110 are
available for public review and comment.
NMFS manages the groundfish fisheries in the exclusive economic
zone under the FMPs. The North Pacific Fishery Management Council
(Council) prepared the FMPs under the authority of the 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 and 679.
Section 3.1.2 of the FMPs define two broad classifications for
stocks or stock complexes (i.e., species or species groups). The first
classification is for stocks ``in the fishery'' that include target
stocks in need of conservation and management that fishers seek to
catch, and non-target stocks in need of conservation and management
that are caught incidentally during the pursuit of target stocks. The
second classification is for EC species that do not require
conservation and management, but may be listed in an FMP in order to
achieve ecosystem management objectives. Under the groundfish FMPs,
NMFS must establish an overfishing level (OFL), an acceptable
biological catch (ABC), and a total allowable catch (TAC) for each
stock or stock complex (i.e., species or species group) that is ``in
the fishery,'' but not for those in the EC.
The FMPs define the OFL as the catch level above which overfishing
is occurring for a species or species group. NMFS manages fisheries in
an effort to ensure that no OFLs are exceeded in any year. The FMPs
define the ABC as the level of a species or species group's annual
catch that accounts for the scientific uncertainty in the estimate of
OFL and any other scientific uncertainty. The FMPs define the TAC as
the annual catch target for a species or species group, derived from
the ABC by considering social and economic factors and management
uncertainty.
In 2010, Amendments 96/87 to the BSAI and GOA FMPs, respectively,
established the EC category and designated prohibited species (salmon,
steelhead trout, crab, halibut, and herring) and forage fish species
(as defined in Table 2c to 50 CFR part 679 and Sec. 679.20(i)) as EC
species in the groundfish FMPs. Additional detail is provided in the
final rule implementing Amendments 96/87 (75 FR 61639, October 6,
2010).
In 2015, NMFS implemented Amendments 100/91 to the BSAI and GOA
FMPs, respectively, to add grenadiers to the EC category (80 FR 11897,
March 5, 2015). The Council and NMFS added grenadiers to the FMPs in
the EC category because grenadiers did not require conservation and
management, but acknowledged their role in the ecosystem and limited
the groundfish fisheries' potential impact on grenadiers. Adding
grenadiers to the EC category allowed for improved data collection and
catch monitoring appropriate for grenadiers given their abundance,
distribution, and catch. Additional detail is provided in the final
rule implementing Amendments 100/91 (80 FR 11897, March 5, 2015).
In 2018, NMFS implemented Amendments 117/106 to the BSAI and GOA
FMPs, respectively, to add squids to the FMPs in the EC category
because they were, similar to grenadiers, determined not to require
conservation and management. Additional detail is provided in the final
rule implementing Amendments 117/106 (83 FR 31460, July 6, 2018).
Sculpins are currently classified as target species ``in the
fishery'' in section 3.1.2 of the groundfish FMPs and directed fishing
is allowed. However, sculpins are not a target species for any
groundfish fishery in the BSAI or GOA. Sculpins are only caught
incidentally to other target groundfish. Sculpins are incidentally
caught primarily in the BSAI by trawl gear in directed fishing for
yellowfin sole, rock sole, and Atka mackerel, as well as Pacific cod
hook-and-line, pot, and trawl directed fishing (Table 3-4 and Table 3-5
of the Analysis). Sculpins are caught primarily in the GOA by Pacific
cod, shallow-water flatfish directed fishing, and IFQ halibut fisheries
(Table 3-6 of the Analysis).
For both the BSAI and GOA, sculpins are managed as a Tier 5
species, which is the least preferred method of specifying an
overfishing limit when limited biological reference points are
available. Only Tier 6 species, for which no biological reference
points are available, are below Tier 5 in terms of limited information
available. Nonetheless, specification of OFL for Tier 5 species
reflects the best estimate possible for sculpins with the available
data. As described in Section 3.2.3 of the Analysis, model estimates of
sculpin abundance in the BSAI and GOA have been fairly stable over the
years with no conservation concerns apparent.
Stock assessments provide the scientific basis for determining
whether a stock is experiencing overfishing (i.e. when a stock's recent
harvest rate exceeds sustainable levels) or overfished (i.e. already
depleted), and for calculating a sustainable harvest rate and
forecasting catches that correspond to that rate. For stocks in Tiers
4-6, no determination can be made of overfished status or approaching
an overfished condition as information is insufficient to estimate the
Maximum Sustainable Yield (MSY) stock level. Therefore, it is not
possible to determine whether the sculpin complex is overfished or
whether it is approaching an overfished condition because it is managed
under Tier 5. However, in the absence of directed fishing, they are
very unlikely to be overfished. Sculpins, in general, are not retained.
As noted in Section 3.2.2 of the Analysis, sculpin catch has been
substantially below ABC and OFL, and has been a small proportion of the
biomass each year.
Section 302(h)(1) of the Magnuson-Stevens Act requires a council to
prepare an FMP for each fishery under its authority that is in need of
conservation and management.
[[Page 16312]]
``Conservation and management'' is defined in section 3(5) of the
Magnuson-Stevens Act. The National Standard guidelines at 50 CFR
600.305(c) (revised on October 18, 2016, 81 FR 71858), provide
direction for determining which stocks will require conservation and
management and provide direction to regional councils and NMFS for how
to consider these factors in making this determination. Specifically,
the guidelines direct regional councils and NMFS to consider a non-
exhaustive list of ten factors when deciding whether stocks require
conservation and management.
Section 2.2.1 in the Analysis considers each of the 10 factors'
relevance to sculpins. The analysis shows that while sculpins are
currently classified as a target species in the FMPs, there has been no
directed fishing for sculpins since they were included in the FMPs.
Sculpins are not important to commercial, recreational, or subsistence
users, nor are they important to the National or regional economy.
There are no developing fisheries for sculpins in the EEZ off Alaska
nor in waters of the State of Alaska. Because there is no directed
fishing and incidental fishing-related mortality is low, there is very
little probability that sculpins will become overfished. Sculpins are
not in need of rebuilding, and are not targeted as a major food product
in Alaska. There are no conservation concerns for sculpins since they
are not targeted, are rarely retained, and future uses of sculpins
remain available. Maintaining sculpins as a target species in the BSAI
and GOA FMPs is not likely to change stock condition.
In October of 2019, the Council recommended and NMFS proposes
Amendments 121/110 to reclassify sculpins as EC category species in the
FMPs. Based on a review of the scientific information, and after
considering the revised NS guidelines, the Council and NMFS determined
that sculpins are not in need of conservation and management, and that
classifying sculpins in the EC category is an appropriate action.
While the Council determined that sculpins are not in need of
conservation and management as defined by the Magnuson-Stevens Act, and
after considering the revised NS guidelines, the Council and NMFS
determined that there are benefits to retaining sculpins as an EC
species complex in the FMPs because they are a part of the ecosystem as
benthic predators.
Amendments 121/110 would amend Section 3.1.2 of the FMPs to
establish the sculpins EC species complex in the FMPs. Amendments 121/
110 would allow NMFS to prohibit directed fisheries for sculpins and
limit the retention and commercial exchange of sculpins. By virtue of
being classified as EC species, catch specifications for sculpins (OFL,
ABC, and TAC) would no longer be required.
NMFS is soliciting public comments on proposed Amendments 121/110
through the end of the comment period (see DATES). NMFS intends to
publish in the Federal Register and seek public comment on a proposed
rule that would implement Amendments 121/110, following NMFS'
evaluation of the proposed rule under the Magnuson-Stevens Act.
Respondents do not need to submit the same comments on Amendments
121/110 and the proposed rule. All relevant written comments received
by the end of the applicable comment period, whether specifically
directed to the FMP amendments or the proposed rule will be considered
by NMFS in the approval/disapproval decision for Amendments 121/110 and
addressed in the response to comments in the final decision. Comments
received after end of the applicable comment period will not be
considered in the approval/disapproval decision on Amendments 121/110.
To be considered, comments must be received, not just postmarked or
otherwise transmitted, by the last day of the comment period (see
DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 18, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-06065 Filed 3-20-20; 8:45 a.m.]
BILLING CODE 3510-22-P
