Fisheries of the Exclusive Economic Zone Off Alaska; Snow Crab Rebuilding Plan in the Bering Sea and Aleutian Islands, 39216-39218 [2023-12825]

Download as PDF 39216 Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The air agency did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. EPA did not perform an EJ analysis and did not consider EJ in this action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. The SIP is not approved to apply on any Indian reservation land in Washington except as specifically noted below and is also not approved to apply in any other area where the 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. Washington’s SIP is approved to apply on non-trust land within the exterior boundaries of the Puyallup Indian Reservation, also known as the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and local agencies in Washington authority over activities on non-trust lands within the 1873 Survey Area. 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, Reporting and recordkeeping VerDate Sep<11>2014 16:34 Jun 14, 2023 Jkt 259001 requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 8, 2023. Casey Sixkiller, Regional Administrator, Region 10. [FR Doc. 2023–12700 Filed 6–14–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 230418–0104] RIN 0648–BJ85 International Affairs; Antarctic Marine Living Resources Convention Act National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; reopening of comment period. AGENCY: NMFS announces the reopening of the public comment period for 15 days on the proposed rule to revise its Antarctic Marine Living Resources Convention Act regulations that implement the trade-monitoring program for frozen and fresh Dissostichus species, commonly marketed or referred to as Chilean seabass or Patagonian toothfish. The original 30-day comment period ended on June 5, 2023. We received comments in the final days of the comment period requesting an extension. We are therefore reopening the comment period from June 15, 2023 to June 30, 2023 to allow more time for submittal of public comments. Comments previously submitted need not be resubmitted. DATES: Written comments must be received by June 30, 2023. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2023–0022, by any of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2023–0022 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Mi Ae Kim, Office of International Affairs, Trade, and Commerce, National Marine Fisheries Service, 1315 East-West SUMMARY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Highway (F/IS5), Silver Spring, MD 20910. 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 https://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), 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: Mi Ae Kim, Office of International Affairs, Trade, and Commerce, NMFS (phone 301–427–8365, or email mi.ae.kim@ noaa.gov). On May 5, 2023, NMFS proposed revising regulations that implement the trademonitoring program for frozen and fresh Dissostichus species (88 FR 29043). During the comment period, we received requests to extend the public comment period. As these requests were received too late to allow for an extension notice, we are reopening the comment period from June 15, 2023 to June 30, 2023. SUPPLEMENTARY INFORMATION: Dated: June 9, 2023. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2023–12804 Filed 6–14–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [RTID 0648–XC845] Fisheries of the Exclusive Economic Zone Off Alaska; Snow Crab Rebuilding Plan in the Bering Sea and Aleutian Islands National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of fishery management plan amendment; request for comments. AGENCY: The North Pacific Fishery Management Council (Council) SUMMARY: E:\FR\FM\15JNP1.SGM 15JNP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Proposed Rules submitted Amendment 53 to the Fishery Management Plan (FMP) for Bering Sea/ Aleutian Islands (BSAI) King and Tanner Crabs (Crab FMP), to the Secretary of Commerce for review. If approved, Amendment 53 would add a new rebuilding plan for snow crab (Chionoecetes opilio) to the Crab FMP. The objective of this amendment is to rebuild the snow crab stock. In order to comply with provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), this action is necessary to implement a rebuilding plan prior to the start of the 2023/2024 fishing season. Amendment 53 is intended to promote the goals and objectives of the Magnuson-Stevens Act, the Crab FMP, and other applicable laws. DATES: Comments must be received no later than August 14, 2023. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2023–0040, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2023–0040 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Gretchen Harrington, 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 https://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 (referred to as the ‘‘Analysis’’) prepared for the proposed rule may be obtained from https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907–586–7228. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each regional fishery management VerDate Sep<11>2014 16:34 Jun 14, 2023 Jkt 259001 council submit any FMP 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 an FMP amendment, immediately publish a notice in the Federal Register announcing that the amendment is available for public review and comment. The Council has submitted Amendment 53 to the Secretary for review. This notice announces that proposed Amendment 53 is available for public review and comment. NMFS manages the crab fisheries in the exclusive economic zone under the Crab FMP. The Council prepared the FMP under the authority of the Magnuson-Stevens Act, (16 U.S.C. 1801 et seq.). Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600 and 680. Through the Crab FMP, the State of Alaska (the State) is delegated management authority over certain aspects of the Eastern Bering Sea (EBS) snow crab fishery. This authority is limited by the Magnuson-Stevens Act and the FMP. For EBS snow crab, the State has established a harvest strategy to set total allowable catch (TAC), and announce season or area closures when the TAC is reached. The State’s Bering Sea C. opilio Tanner (snow crab) harvest strategy applies during rebuilding, and is provided in the Alaska Administrative Code at 5 AAC 35.517. The State harvest strategy is more conservative than the Crab FMP’s control rule parameters for EBS snow crab because, under the harvest strategy, a higher level of biomass is required to open directed fishing than under the overfishing level (FOFL) control rule. On October 19, 2021, NMFS determined and notified the Council that the EBS snow crab stock was overfished because the estimated mature male biomass was below the minimum stock size threshold specified in the Crab FMP. To comply with provisions of the Magnuson-Stevens Act, the Council developed a rebuilding plan to be implemented prior to the start of the 2023/2024 fishing season. In February 2023, the Council chose a rebuilding plan for EBS snow crab that would allow bycatch removals and an opportunity for directed harvest during rebuilding if estimates of stock biomass are sufficient to open the fishery under the State’s snow crab harvest strategy. The proposed rebuilding plan is consistent with the Magnuson-Stevens Act and with National Standard 1 Guidelines on time for rebuilding, specifically rebuilding within a time (Ttarget) that is as short as possible, taking PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 39217 into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish with the marine ecosystems. This rebuilding plan would allow directed fishing pursuant to the State harvest strategy and may provide important economic opportunities for harvesters, processors, and Alaska communities. Maintaining this economic opportunity for a limited directed commercial fishery under the State harvest strategy is important for harvesters, processors, and communities, particularly during this time when the majority of commercial crab stocks are in a state of decline and future openings are likely to be limited. Under the Magnuson-Stevens Act, the time period specified for rebuilding a fishery generally should not exceed 10 years unless the biology of the stock or environmental conditions dictate otherwise. The projected time for rebuilding the EBS snow crab stock, taking into account the biology of the species and current environmental conditions, is 6 years. The main driver in the speed of rebuilding is likely related to recruitment and the ecosystem conditions that allow for increased recruitment into the population. Uncertainty surrounding recruitment and mortality under current ecosystem conditions is expected to heavily influence the rate at which the stock is able to rebuild under the proposed projection parameters. Fishing mortality under the State’s current harvest strategy is expected to have only insignificant or minimal impacts on the rate of rebuilding. Amendment 53 would add Section 6.2.3 to the Crab FMP to include the proposed rebuilding plan for EBS snow crab. Under the proposed rebuilding plan, ecosystem indicators developed for the stock would be monitored during rebuilding. The NMFS EBS bottomtrawl survey provides data for the annual assessment of the status of crab stocks in the BSAI, including EBS snow crab, and would continue throughout rebuilding. The Council’s BSAI Crab Plan Team would report stock status and progress towards the rebuilt level in the Stock Assessment and Fishery Evaluation (SAFE) Report for the king and Tanner crab fisheries of the BSAI. Additionally, the State and NMFS monitor directed fishery catch and bycatch of snow crabs in other fisheries. When the fishery is open, the State requires full observer coverage (100 percent) for catcher/processors and partial coverage (30 percent) for catcher E:\FR\FM\15JNP1.SGM 15JNP1 39218 Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 vessels participating in the crab fishery. Observers monitor harvest at sea and landings by catcher vessels and shoreside processors. The State reports the total harvest from the commercial crab fishery, and that report will be included annually in the SAFE. The contribution of the rebuilding plan’s assessment and monitoring to stock recovery would be additive to measures already in place that limit the effects of fishing activity on EBS snow crab. In addition, Amendment 53 will remove rebuilding plans from the Crab FMP for stocks that have since been rebuilt or that have been replaced with new rebuilding plans, including VerDate Sep<11>2014 16:34 Jun 14, 2023 Jkt 259001 rebuilding plans for Bering Sea Tanner crab (declared overfished on March 3, 1999), Bering Sea snow crab (declared overfished on September 24, 1999), and St. Matthew blue king crab (declared overfished on September 24, 1999). NMFS is soliciting public comments on proposed Amendment 53 through the end of the comment period (see DATES). All relevant written comments received by the end of the applicable comment period will be considered by NMFS in the approval/partial approval/ disapproval decision for Amendment 53 and addressed in the response to comments in the final decision. Comments received after the end of the PO 00000 Frm 00015 Fmt 4702 Sfmt 9990 applicable comment period will not be considered in the approval/disapproval decision on Amendment 53. 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: June 12, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–12825 Filed 6–14–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\15JNP1.SGM 15JNP1

Agencies

[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Proposed Rules]
[Pages 39216-39218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12825]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[RTID 0648-XC845]


Fisheries of the Exclusive Economic Zone Off Alaska; Snow Crab 
Rebuilding Plan in the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

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

-----------------------------------------------------------------------

SUMMARY: The North Pacific Fishery Management Council (Council)

[[Page 39217]]

submitted Amendment 53 to the Fishery Management Plan (FMP) for Bering 
Sea/Aleutian Islands (BSAI) King and Tanner Crabs (Crab FMP), to the 
Secretary of Commerce for review. If approved, Amendment 53 would add a 
new rebuilding plan for snow crab (Chionoecetes opilio) to the Crab 
FMP. The objective of this amendment is to rebuild the snow crab stock. 
In order to comply with provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), this action is 
necessary to implement a rebuilding plan prior to the start of the 
2023/2024 fishing season. Amendment 53 is intended to promote the goals 
and objectives of the Magnuson-Stevens Act, the Crab FMP, and other 
applicable laws.

DATES: Comments must be received no later than August 14, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0040, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0040 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Gretchen Harrington, 
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 
https://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 (referred 
to as the ``Analysis'') prepared for the proposed rule may be obtained 
from https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each 
regional fishery management council submit any FMP amendment it 
prepares to NMFS for review and approval, disapproval, or partial 
approval by the Secretary of Commerce (Secretary). The Magnuson-Stevens 
Act also requires that NMFS, upon receiving an FMP amendment, 
immediately publish a notice in the Federal Register announcing that 
the amendment is available for public review and comment. The Council 
has submitted Amendment 53 to the Secretary for review. This notice 
announces that proposed Amendment 53 is available for public review and 
comment.
    NMFS manages the crab fisheries in the exclusive economic zone 
under the Crab FMP. The Council prepared the FMP under the authority of 
the Magnuson-Stevens Act, (16 U.S.C. 1801 et seq.). Regulations 
governing U.S. fisheries and implementing the FMP appear at 50 CFR 
parts 600 and 680.
    Through the Crab FMP, the State of Alaska (the State) is delegated 
management authority over certain aspects of the Eastern Bering Sea 
(EBS) snow crab fishery. This authority is limited by the Magnuson-
Stevens Act and the FMP. For EBS snow crab, the State has established a 
harvest strategy to set total allowable catch (TAC), and announce 
season or area closures when the TAC is reached. The State's Bering Sea 
C. opilio Tanner (snow crab) harvest strategy applies during 
rebuilding, and is provided in the Alaska Administrative Code at 5 AAC 
35.517. The State harvest strategy is more conservative than the Crab 
FMP's control rule parameters for EBS snow crab because, under the 
harvest strategy, a higher level of biomass is required to open 
directed fishing than under the overfishing level (FOFL) 
control rule.
    On October 19, 2021, NMFS determined and notified the Council that 
the EBS snow crab stock was overfished because the estimated mature 
male biomass was below the minimum stock size threshold specified in 
the Crab FMP. To comply with provisions of the Magnuson-Stevens Act, 
the Council developed a rebuilding plan to be implemented prior to the 
start of the 2023/2024 fishing season.
    In February 2023, the Council chose a rebuilding plan for EBS snow 
crab that would allow bycatch removals and an opportunity for directed 
harvest during rebuilding if estimates of stock biomass are sufficient 
to open the fishery under the State's snow crab harvest strategy. The 
proposed rebuilding plan is consistent with the Magnuson-Stevens Act 
and with National Standard 1 Guidelines on time for rebuilding, 
specifically rebuilding within a time (Ttarget) that is as 
short as possible, taking into account the status and biology of any 
overfished stocks of fish, the needs of fishing communities, 
recommendations by international organizations in which the United 
States participates, and the interaction of the overfished stock of 
fish with the marine ecosystems. This rebuilding plan would allow 
directed fishing pursuant to the State harvest strategy and may provide 
important economic opportunities for harvesters, processors, and Alaska 
communities. Maintaining this economic opportunity for a limited 
directed commercial fishery under the State harvest strategy is 
important for harvesters, processors, and communities, particularly 
during this time when the majority of commercial crab stocks are in a 
state of decline and future openings are likely to be limited.
    Under the Magnuson-Stevens Act, the time period specified for 
rebuilding a fishery generally should not exceed 10 years unless the 
biology of the stock or environmental conditions dictate otherwise. The 
projected time for rebuilding the EBS snow crab stock, taking into 
account the biology of the species and current environmental 
conditions, is 6 years. The main driver in the speed of rebuilding is 
likely related to recruitment and the ecosystem conditions that allow 
for increased recruitment into the population. Uncertainty surrounding 
recruitment and mortality under current ecosystem conditions is 
expected to heavily influence the rate at which the stock is able to 
rebuild under the proposed projection parameters. Fishing mortality 
under the State's current harvest strategy is expected to have only 
insignificant or minimal impacts on the rate of rebuilding.
    Amendment 53 would add Section 6.2.3 to the Crab FMP to include the 
proposed rebuilding plan for EBS snow crab. Under the proposed 
rebuilding plan, ecosystem indicators developed for the stock would be 
monitored during rebuilding. The NMFS EBS bottom-trawl survey provides 
data for the annual assessment of the status of crab stocks in the 
BSAI, including EBS snow crab, and would continue throughout 
rebuilding. The Council's BSAI Crab Plan Team would report stock status 
and progress towards the rebuilt level in the Stock Assessment and 
Fishery Evaluation (SAFE) Report for the king and Tanner crab fisheries 
of the BSAI. Additionally, the State and NMFS monitor directed fishery 
catch and bycatch of snow crabs in other fisheries. When the fishery is 
open, the State requires full observer coverage (100 percent) for 
catcher/processors and partial coverage (30 percent) for catcher

[[Page 39218]]

vessels participating in the crab fishery. Observers monitor harvest at 
sea and landings by catcher vessels and shoreside processors. The State 
reports the total harvest from the commercial crab fishery, and that 
report will be included annually in the SAFE. The contribution of the 
rebuilding plan's assessment and monitoring to stock recovery would be 
additive to measures already in place that limit the effects of fishing 
activity on EBS snow crab.
    In addition, Amendment 53 will remove rebuilding plans from the 
Crab FMP for stocks that have since been rebuilt or that have been 
replaced with new rebuilding plans, including rebuilding plans for 
Bering Sea Tanner crab (declared overfished on March 3, 1999), Bering 
Sea snow crab (declared overfished on September 24, 1999), and St. 
Matthew blue king crab (declared overfished on September 24, 1999).
    NMFS is soliciting public comments on proposed Amendment 53 through 
the end of the comment period (see DATES). All relevant written 
comments received by the end of the applicable comment period will be 
considered by NMFS in the approval/partial approval/disapproval 
decision for Amendment 53 and addressed in the response to comments in 
the final decision. Comments received after the end of the applicable 
comment period will not be considered in the approval/disapproval 
decision on Amendment 53. 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: June 12, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-12825 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-22-P
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