Notice of Intent To Prepare an Environmental Impact Statement for Minimizing Non-Chinook Salmon Bycatch in the Bering Sea Pollock Fishery in the Bering Sea/Aleutian Islands Fishery Management Plan Area, 44096-44100 [2023-14581]

Download as PDF 44096 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Proposed Rules are finalized. Future adjustments to the OPPS conversion factor to offset the additional non-drug item and service payments made from CY 2018 through CY 2022 due to the 340B payment policy would be discussed in the annual rulemaking to which the adjustment would apply. The analyses we have provided in this section of this proposed rule, in conjunction with the remainder of this document, demonstrate that this proposed rule is consistent with the regulatory philosophy and principles identified in Executive Order 12866 as amended by Executive Order 14094, the RFA, and section 1102(b) of the Act. This proposed rule would affect payments to a small number of small rural hospitals, as well as other classes of hospitals, and some effects may be significant. In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget. Chiquita Brooks-LaSure, Administrator of the Centers for Medicare & Medicaid Services, approved this document on June 15, 2023. List of Subjects in 42 CFR Part 419 Hospitals, Medicare, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services proposes to amend 42 CFR chapter IV as set forth below: PART 419—PROSPECTIVE PAYMENT SYSTEMS FOR HOSPITAL OUTPATIENT DEPARTMENT SERVICES 1. The authority citation for part 419 continues to read as follows: ■ Authority: 42 U.S.C. 1302, 1395l(t), and 1395hh. 2. Section 419.32 is amended by revising paragraph (b)(1)(iv)(B)(11) and adding paragraph (b)(1)(iv)(B)(12) to read as follows: ■ § 419.32 Calculation of prospective payment rates for hospital outpatient services. ddrumheller on DSK120RN23PROD with PROPOSALS1 * * * * * (b) * * * (1) * * * (iv) * * * (B) * * * (11) For calendar year 2020 through calendar year 2024, a multifactor productivity adjustment (as determined by CMS). (12) Beginning in calendar year 2025, a multifactor productivity adjustment (as determined by CMS) and 0.5 percentage point, except that the 0.5 VerDate Sep<11>2014 16:38 Jul 10, 2023 Jkt 259001 percentage point reduction shall not apply to hospital outpatient items and services, not including separately payable drugs, furnished by a hospital with a CMS certification number (CCN) effective date of January 2, 2018, or later. This reduction and associated exception to the reduction will be in effect until such time that estimated payment reductions equal $7.8 billion. * * * * * Dated: July 6, 2023. Xavier Becerra, Secretary, Department of Health and Human Services. [FR Doc. 2023–14623 Filed 7–7–23; 4:15 pm] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RTID 0648–XD130 Notice of Intent To Prepare an Environmental Impact Statement for Minimizing Non-Chinook Salmon Bycatch in the Bering Sea Pollock Fishery in the Bering Sea/Aleutian Islands Fishery Management Plan Area National Marine Fisheries Service (NMFS), Alaska Regional Office (AKR), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification; intent to prepare an environmental impact statement; request for written comments. AGENCY: NMFS, in consultation with the North Pacific Fishery Management Council (Council), announces its intent to prepare an Environmental Impact Statement (EIS) on management measures to minimize non-Chinook salmon bycatch, particularly bycatch of chum salmon (Oncorhynchus keta) of western Alaska origin (Western Alaska chum), in accordance with the National Environmental Policy Act of 1969 (NEPA). The management measures analyzed in this EIS would apply exclusively to participants in the Bering Sea pollock (Gadus chalcogrammus) fishery, managed under the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP), and consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), National Standards, and other applicable law. The scope of the EIS will be to analyze the impacts to the human environment SUMMARY: PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 resulting from alternatives for measures to minimize non-Chinook salmon bycatch. NMFS will accept written comments from the public to identify the issues of concern and assist the Council and NMFS in determining the appropriate range of alternatives for the EIS. DATES: Written comments will be accepted through September 15, 2023. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2023–0089, 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–2023–0089 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: Susan Meyer. 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). FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, (907) 586–7228, Bridget.Mansfield@noaa.gov. SUPPLEMENTARY INFORMATION: Authority for Action Under the Magnuson-Stevens Act, the United States has exclusive fishery management authority over all living marine resources found within the exclusive economic zone (EEZ) (i.e., those waters that are 3 to 200 nautical miles (approximately 6 to 370 kilometers) from shore). The management of these marine resources, with the exception of birds and some marine mammals, is vested in the Secretary of Commerce. The Council shares responsibility for preparing FMPs for the fisheries that require conservation and management in the EEZ off Alaska. Management of the Federal groundfish fisheries in the BSAI E:\FR\FM\11JYP1.SGM 11JYP1 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 is carried out under the BSAI FMP. The BSAI 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 NEPA and the Endangered Species Act. Non-Chinook (Chum) Salmon Bycatch Management in the BSAI Groundfish Fisheries The Magnuson-Stevens Act authorizes the Council and NMFS to manage groundfish fisheries in the Alaska EEZ. Some of these fisheries incidentally catch salmon as bycatch while targeting groundfish. The Council has designated salmon and several other species (herring, Pacific halibut, steelhead, and king and Tanner crab) as ‘‘prohibited species’’ (Section 3.6.1 of the BSAI FMP). By regulation, the operator of any vessel fishing for groundfish in the BSAI must minimize the catch of prohibited species (§ 679.21(a)(2)(i)). For catch accounting purposes, NMFS monitors salmon prohibited species catch (PSC) as either ‘ ‘‘Chinook (Oncorhynchus tshawytscha) PSC’’ ’ or ‘ ‘‘non-Chinook PSC.’’ ’ Sockeye (O. nerka), coho (O. kisutch), pink (O. gorbuscha), and chum salmon are included in the non-Chinook PSC category. However, over 99 percent of the salmon bycatch in the nonChinook category are chum salmon. PSC limits are the upper bound of the PSC allowances apportioned to BSAI groundfish fisheries as specified annually under § 679.21. NMFS closes a fishery to avoid exceeding some specified PSC limits. The Council and NMFS have been actively managing salmon bycatch in the Bering Sea since the mid-1990s. The Council’s current salmon bycatch management program is designed to minimize salmon bycatch at all levels of salmon and pollock abundance, although the PSC limit for Chinook salmon in the Bering Sea pollock fishery is reduced in years of low Chinook salmon abundance (§ 679.21(f)(2)). Much of the salmon bycatch reduction focus has been on Chinook salmon, although salmon bycatch reduction measures also include chum salmon. Salmon bycatch reduction actions previously implemented include the following measures. The Chum Salmon Savings Area, established in 1994 by emergency rule, was formalized through BSAI FMP Amendment 35 in 1995 (60 FR 34904, July 5, 1995). These actions closed the Chum Salmon Savings Area in the Bering Sea to all trawling from August 1 through August 31 and stipulated it VerDate Sep<11>2014 16:38 Jul 10, 2023 Jkt 259001 would remain closed through October 14 if the bycatch limit of 42,000 nonChinook salmon was met in the Catcher Vessel Operational Area (CVOA) after August 31. The CVOA encompasses the Chum Salmon Savings Area, effectively closing both areas to trawling if the limit was reached. The voluntary rolling hot spot closure system (VRHS) was implemented by the pollock industry for chum salmon in 2001 and Chinook salmon in 2002 to facilitate sharing real-time salmon bycatch information to avoid areas with high Chinook and chum salmon bycatch rates (i.e., the number of salmon incidentally caught per metric ton of pollock). In 2007, BSAI FMP Amendment 84 implementing regulations addressed increases in Chinook and chum salmon bycatch that were occurring despite the PSC limits in place to trigger closures of the Chinook and Chum Salmon Savings Areas (72 FR 61070, October 29, 2007). These regulations established the salmon bycatch Intercooperative Agreement (ICA), which allowed vessels participating in the Bering Sea pollock fishery to use their internal cooperative structure to reduce Chinook and chum salmon bycatch using the VRHS. Under Amendment 84 vessels participating in the VRHS under the ICA were exempt from the Salmon Savings Area closures. Amendment 84 also requires the efficacy of the VRHS program and bycatch reduction efforts to be reported to the Council annually. Prior to Amendment 84’s implementing regulations, the Council began to work on a comprehensive bycatch management package for both Chinook and chum salmon which considered updated closure areas and a range of overall PSC limits by fishery sector, season, and species. However, 2007 saw the highest historical bycatch of Chinook salmon coincide with ongoing observations of and concerns about declining Chinook stocks of western Alaska origin. Therefore, the Council prioritized management measures for Chinook salmon bycatch, resulting in BSAI FMP Amendment 91 in 2010 (75 FR 53026, August 30, 2010). Amendment 91 substantially changed Chinook salmon bycatch management in the Bering Sea pollock fishery by creating two Chinook salmon PSC limits or ‘‘hard caps.’’ The Chinook salmon PSC limits were implemented alongside industry-developed contractual arrangements called Incentive Plan Agreements (IPAs). IPAs are designed to incentivize the pollock industry to minimize their Chinook salmon bycatch at all levels of Chinook salmon abundance. This combined approach PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 44097 also provides the pollock industry with the flexibility to harvest the Bering Sea pollock Total Allowable Catch (TAC) in years when encounter rates for Chinook salmon are higher and salmon are difficult to avoid on the fishing grounds. Under Amendment 91, if the pollock industry developed IPAs, an overall cap of 60,000 Chinook salmon was implemented. If the pollock industry did not develop IPAs, a lower limit of 47,591 Chinook salmon applied fleet wide. Three IPAs have been in place since 2010. The overall hard cap is divided between the A and B pollock seasons and allocated among the catcher/processor (CP), mothership, inshore catcher vessel (CV), and Community Development Quota (CDQ) sectors. Amendment 91 also created a performance standard that required that each sector not exceed its allocation of 47,591 Chinook salmon in any 3 out of 7 consecutive years. Salmon bycatch monitoring in the Bering Sea pollock fishery changed in 2011 to enable Chinook salmon bycatch accounting, although the measures are applied to all salmon. Bycatch monitoring of all salmon species in the Bering Sea pollock fishery is accomplished through the following measures: (1) requirements for 100 percent observer coverage for all vessels and processing plants; (2) salmon retention requirements; (3) specific areas to store and count all salmon, regardless of species; (4) video monitoring on at-sea processors; and (5) electronic reporting of salmon, by species, by haul (for CPs) or delivery (for motherships and shoreside processors). Full retention of all salmon is required because it is difficult to differentiate Chinook salmon from other salmon species, and salmon of all species are counted using the same methods. The North Pacific Observer Program also implemented more robust genetic sampling, which is required to achieve the Council’s priority of minimizing Western Alaska chum salmon bycatch. Every salmon caught as bycatch in the Bering Sea pollock fishery is counted and recorded. Every 10th Chinook salmon and every 30th chum salmon are sampled by a NMFScertified observer and are used to collect biological information including length and tissues used to determine the genetic stock of origin, among other data. Amendment 110 to the BSAI FMP, implemented in 2016, further refined salmon bycatch management in the Bering Sea pollock fishery to improve the incentives to avoid Chinook and chum salmon, while providing more flexibility to the pollock fleet to change E:\FR\FM\11JYP1.SGM 11JYP1 44098 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 fishing operations to improve its opportunity to harvest the pollock TAC (81 FR 37534, June 10, 2016). Key elements of Amendment 110 and implementing regulations that addressed salmon bycatch included: • Incorporate chum salmon avoidance into the IPAs established under Amendment 91, and remove the non-Chinook salmon bycatch reduction ICA previously established under Amendment 84 to the FMP; • Modify the requirements for the content of the IPAs to increase the incentives for fishermen to avoid Chinook salmon; • Change the seasonal apportionments of the pollock TAC to allow more pollock to be harvested earlier in the year when Chinook salmon PSC use tends to be lower; • Reduce the Chinook salmon PSC limit to 45,000 Chinook salmon and performance standard to 33,318 Chinook salmon in years with low Chinook salmon abundance in western Alaska; and • Improve the monitoring of salmon bycatch in the pollock fishery. Amendment 110 further clarified and strengthened salmon monitoring regulations implemented under Amendment 91. Those changes: (1) revised salmon retention and handling requirements on catcher vessels; (2) improved observer data entry and transmission requirements for catcher vessels; (3) clarified requirements applicable to viewing salmon in a storage container; and (4) clarified requirements for the removal of salmon from an observer sampling station at the end of a haul or delivery. Proposed Action The Council is now considering management measures to further minimize non-Chinook salmon bycatch in light of the ongoing declines in chum salmon run strength across western and Interior Alaska. Concurrent with the changes in chum salmon stock abundance, the Council reviewed scientific reports outlining the impact of warming ocean conditions on salmon mortality at sea and received substantial public comment from western and Interior Alaska Tribes, Tribal Consortia, and subsistence salmon fishermen describing the importance of chum salmon for food security, wellbeing, and the continuation of meaningful cultural practices and related Traditional Knowledge (TK) systems. The Council also received public comments and annual presentations from IPA representatives on the industry’s efforts to minimize their salmon bycatch. As part of this action, the EIS will analyze VerDate Sep<11>2014 16:38 Jul 10, 2023 Jkt 259001 the extent to which implementing additional chum salmon bycatch management measures could have some positive benefit on the number of chum salmon that return to western Alaska rivers. Any additional chum salmon returning to Alaska river systems improves the ability to meet the State’s spawning escapement goals, which is necessary for the long-term sustainability of chum salmon. The Council’s intent for this proposed action is to minimize the bycatch of chum salmon, particularly those of western Alaska origin. The management measures to be analyzed in this EIS would apply exclusively to participants in the Bering Sea pollock fishery because the majority of non-Chinook bycatch occurs in the Bering Sea pollock fishery (∼98%). The EIS will analyze a range of alternatives considered for the proposed action to minimize nonChinook salmon bycatch, particularly the bycatch of Western Alaska chum salmon, in the Bering Sea pollock fishery. The chum salmon bycatch reduction measures under consideration would augment current bycatch reduction measures in the Bering Sea pollock fishery. The BSAI area is defined at § 679.2 and shown in Figures 1 to 50 CFR part 679. In June 2023, the Council and NMFS agreed that NMFS would initiate public scoping to prepare an EIS for the proposed action to minimize nonChinook salmon bycatch, particularly bycatch of Western Alaska chum salmon in the Bering Sea pollock fishery. Additional information on the Council’s proposed action to minimize chum salmon bycatch is available on the Council’s website at https:// www.npfmc.org/. Purpose and Need Statement In April 2023, the Council adopted the following Purpose and Need Statement with additional language added by NMFS that addresses National Standard 9: Salmon are an important fishery resource throughout Alaska, and chum salmon that rear in the Bering Sea support subsistence, commercial, sport, and recreational fisheries throughout western and Interior Alaska. Western and Interior Alaska salmon stocks are undergoing extreme crises and collapses, with long-running stock problems and consecutive years’ failures to achieve escapement goals, U.S.Canada fish passage treaty requirements, and subsistence harvest needs in the Yukon, Kuskokwim, and Norton Sound regions. These multi-salmon species declines have created adverse impacts to culture and food security and have PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 resulted in reduced access to traditional foods and commercial salmon fisheries. The best available science suggests that ecosystem and climate changes are the leading causes of recent chum salmon run failures; however, nonChinook (primarily chum) salmon are taken in the Eastern Bering Sea pollock trawl fishery, which reduces the amount of salmon that return to western and Interior Alaska rivers and subsistence fisheries. It is important to acknowledge and understand all sources of chum mortality and the cumulative impact of various fishing activities. In light of the critical importance of chum salmon to western Alaska communities and ecosystems, the Council is considering additional measures to further minimize Western Alaska chum bycatch in the pollock fishery. The purpose of this proposed action is to develop actions to minimize bycatch of Western Alaska chum salmon in the Eastern Bering Sea pollock fishery consistent with the Magnuson-Stevens Act, National Standards, and other applicable law. In particular, National Standard 9 provides that conservation and management measures shall, to the extent practicable, (a) minimize bycatch and (b) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch. Consistent, annual genetics stock composition information indicates that the majority of non-Chinook bycatch in the pollock fishery is of Russian/Asian hatchery origin; therefore, alternatives should structure non-Chinook bycatch management measures around improving performance in avoiding Western Alaska chum salmon specifically. The Council intends to consider establishing additional regulatory nonChinook bycatch management measures that reduce Western Alaska chum bycatch and meet the following objectives; (1) provide additional opportunities for the pollock trawl fleet to improve performance in avoiding non-Chinook salmon, while maintaining the priority of the objectives of the Amendment 91 and Amendment 110 Chinook salmon bycatch avoidance program; (2) meet and balance the requirements of the Magnuson-Stevens Act, particularly to minimize salmon bycatch to the extent practicable under National Standard 9; (3) include the best scientific information available including Local Knowledge and TK as required by National Standard 2; (4) take into account the importance of fishery resources to fishing communities including those that are dependent on Bering Sea pollock and subsistence salmon fisheries as required under National Standard 8; and (5) achieve E:\FR\FM\11JYP1.SGM 11JYP1 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Proposed Rules optimum yield in the BSAI groundfish fisheries on a continuing basis, in the groundfish fisheries as required under National Standard 1. Alternatives and Options for NonChinook (Chum) Salmon Bycatch Reduction NMFS, in coordination with the Council, will evaluate a range of alternative methods to minimize nonChinook salmon bycatch, with a primary focus on reducing Western Alaska chum salmon bycatch in the Bering Sea pollock fishery in accordance with the Magnuson-Stevens Act. NMFS and the Council recognize that implementation of additional measures to minimize chum PSC could change aspects of the existing management measures for non-Chinook PSC in the Bering Sea pollock fishery. Possible alternatives for minimizing non-Chinook bycatch in the Bering Sea pollock fishery could be constructed from one or more of the following draft alternatives and options developed by the Council, in addition to those developed through the public scoping and future Council processes: Alternative 1: Status Quo, No Action Alternative 1 is the current management of the Bering Sea pollock fishery with the measures to minimize non-Chinook salmon PSC under Amendment 110, as described above, and the associated monitoring and genetic data collection and analysis. All action alternatives apply to the entire Bering Sea pollock B season, the season in which chum salmon are taken as bycatch. ddrumheller on DSK120RN23PROD with PROPOSALS1 Alternative 2: Overall PSC Limit for Chum Salmon Option 1: Chum salmon PSC limit (a range to be informed by PSC data). PSC limits are apportioned among CDQ, CP, mothership, and inshore sectors based on historical total bycatch by sector. The inshore limit is further apportioned among the inshore cooperatives. The CDQ limit is further apportioned among the CDQ groups. Reaching a PSC limit closes the pollock fishery sector to which the PSC limit applies. Option 2: Weighted, step-down PSC limit triggered by a three-river chum index (Kwiniuk (or index developed for Norton Sound area), Yukon, Kuskokwim) that is linked to prior years’ chum abundance/amount necessary for subsistence (ANS)/ escapement and weighted to account for variance in stock sizes across river systems. VerDate Sep<11>2014 16:38 Jul 10, 2023 Jkt 259001 PSC limits would be triggered and in effect when one or more Western Alaska chum index areas fails to meet index thresholds. As more areas fail to meet index thresholds, chum PSC limits would step-down and become more restrictive. PSC limits are apportioned among CDQ, CP, mothership and inshore sectors. The inshore limit is further apportioned among the inshore cooperatives. The CDQ limit is further apportioned among the CDQ groups. Reaching a PSC limit closes the pollock fishery sector to which the PSC limit applies. Alternative 3: PSC Limit for Western Alaska Chum Salmon Option 1: Western Alaska chum salmon PSC limit (range to be informed by PSC data). PSC limits are apportioned among CDQ, CP, mothership, and inshore sectors based on historical total bycatch by sector. The inshore limit is further apportioned among the inshore cooperatives. The CDQ limit is further apportioned among the CDQ groups. Reaching a PSC limit closes the pollock fishery sector to which the PSC limit applies. Option 2: Weighted, step-down Western Alaska chum PSC limit triggered by a three-river chum index (Kwiniuk (or index developed for Norton Sound area), Yukon, Kuskokwim) that is linked to prior years’ chum abundance/ANS/ escapement and weighted to account for variance in stock sizes across river systems. PSC limits would be triggered and in effect when one or more Western Alaska chum index areas fails to meet index thresholds. As more areas fail to meet index thresholds, chum PSC limits would step-down and become more restrictive. PSC limits are apportioned among CDQ, CP, mothership, and inshore sectors. The inshore limit is further apportioned among the inshore cooperatives. The CDQ limit is further apportioned among the CDQ groups. Reaching a PSC limit closes the pollock fishery sector to which the PSC limit applies. Alternative 4: Additional Regulatory Requirements for IPAs To Be Managed by Either NMFS or Within the IPAs Option 1: Require a chum salmon reduction plan agreement to prioritize avoidance in Genetic Cluster Areas 1 and 2 for a specified amount of time based on two triggers: (1) exceeding an established chum salmon incidental catch rate; and (2) exceeding a historical genetic composition (proportion) of PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 44099 Western Alaska chum salmon to nonWestern Alaska chum salmon. Option 2: Additional regulatory provisions requiring IPAs to utilize the most refined genetic information available to further prioritize avoidance of areas and times with higher proportions of Western Alaska and Upper/Middle Yukon chum stocks. Issues To Be Analyzed The EIS will analyze these alternatives, and any additional alternatives developed through the scoping and Council processes, and their likely impacts on non-Chinook salmon stocks, elements of associated marine resources, and participants in the directed pollock fishery. The EIS also will analyze the likely impacts of such additional non-Chinook salmon PSC limits on related Chinook salmon stocks and on participants in subsistence salmon fisheries in the area. When the Council adopted a Purpose and Need statement in April 2023, the Council asked for a preliminary analysis, which will be presented at the October 2023 Council meeting, along with a summary of scoping comments received in response to this notice, to provide information to inform a reasonable range of PSC limits and an index associated with Western Alaska chum salmon stock status under the action alternatives. The preliminary analysis will address: • Non-Chinook PSC data by year from 2011 through 2022; 3-, 5-, 10-year average non-Chinook PSC levels from 2011 through 2022; and potential ranges for average PSC levels during warm/ cold years from 2011 through 2022. • Whether the identified areas (Kwiniuk (or Norton Sound area), Kuskokwim, Yukon) are appropriate as indices to determine Western Alaska chum salmon abundance and whether there are data to support consistent use of each area in an index. • Which criteria should be used to define low index abundance in each area (i.e., a number of chum defining poor abundance) for each area? Examples: —abundance (e.g., a percentile of historical abundance) —subsistence harvest performance (e.g., subsistence harvest in relation to historical subsistence harvest and/or ANS) —achievement of escapement goals (e.g., a percentage of total escapement goals met or exceeded) • The feasibility of NMFS implementing a Western Alaska chum PSC limit under Alternative 3. For example, can NMFS apply the Western E:\FR\FM\11JYP1.SGM 11JYP1 44100 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Proposed Rules Alaska chum stock proportion available in spring 2025 to total chum PSC at the end of year 2024 to trigger management measures in B season 2025? Or a measure whereby Western Alaska chum PSC limit is reduced if exceeded for a maximum number of consecutive years (e.g., 2 out of 5 years or 3 out of 7 years)? • Additional information necessary to analyze IPAs such as the base rate for triggering action, e.g., the proportion of Western Alaska and non-Western Alaska chum salmon for the second trigger in Alternative 4, Option 1. • A summary of research and TK that can be gathered to understand all causes of the population decline. ddrumheller on DSK120RN23PROD with PROPOSALS1 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 (40 CFR 1501.9). An EIS is a detailed statement on a proposed agency action, but it does not mandate particular results or substantive outcomes as the purpose and function of NEPA is satisfied if the agency considered relevant environmental information and the VerDate Sep<11>2014 16:38 Jul 10, 2023 Jkt 259001 public has been informed regarding the decision-making process (40 CFR 1500.1(a)). A principal objective of the scoping and public involvement process is to identify a range of reasonable management alternatives that, with adequate analysis in an EIS, will delineate critical issues and provide a clear basis for distinguishing among those alternatives and informing the selection of a preferred alternative. Through this notice, NMFS is notifying the public that an EIS and a decisionmaking 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 minimize non-Chinook salmon bycatch, particularly the bycatch of Western Alaska chum salmon, in the Bering Sea pollock fishery. 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 PO 00000 Frm 00036 Fmt 4702 Sfmt 9990 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 salmon bycatch management in Alaska. Subsequent to the formal scoping period for written comments, which this notice announces, the public is invited to participate and provide additional relevant input at Council meetings, where the latest scientific information regarding chum bycatch in the Bering Sea pollock fishery is reviewed and alternatives will be developed and evaluated for this EIS. 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 July 5, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–14581 Filed 7–10–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\11JYP1.SGM 11JYP1

Agencies

[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Proposed Rules]
[Pages 44096-44100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14581]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RTID 0648-XD130


Notice of Intent To Prepare an Environmental Impact Statement for 
Minimizing Non-Chinook Salmon Bycatch in the Bering Sea Pollock Fishery 
in the Bering Sea/Aleutian Islands Fishery Management Plan Area

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

ACTION: Notification; intent to prepare an environmental impact 
statement; request for written comments.

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SUMMARY: NMFS, in consultation with the North Pacific Fishery 
Management Council (Council), announces its intent to prepare an 
Environmental Impact Statement (EIS) on management measures to minimize 
non-Chinook salmon bycatch, particularly bycatch of chum salmon 
(Oncorhynchus keta) of western Alaska origin (Western Alaska chum), in 
accordance with the National Environmental Policy Act of 1969 (NEPA). 
The management measures analyzed in this EIS would apply exclusively to 
participants in the Bering Sea pollock (Gadus chalcogrammus) fishery, 
managed under the Fishery Management Plan for Groundfish of the Bering 
Sea and Aleutian Islands Management Area (BSAI FMP), and consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), National Standards, and other applicable law. 
The scope of the EIS will be to analyze the impacts to the human 
environment resulting from alternatives for measures to minimize non-
Chinook salmon bycatch. NMFS will accept written comments from the 
public to identify the issues of concern and assist the Council and 
NMFS in determining the appropriate range of alternatives for the EIS.

DATES: Written comments will be accepted through September 15, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0089, 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-2023-0089 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: Susan Meyer. 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).

FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, (907) 586-7228, 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for Action

    Under the Magnuson-Stevens Act, the United States has exclusive 
fishery management authority over all living marine resources found 
within the exclusive economic zone (EEZ) (i.e., those waters that are 3 
to 200 nautical miles (approximately 6 to 370 kilometers) from shore). 
The management of these marine resources, with the exception of birds 
and some marine mammals, is vested in the Secretary of Commerce. The 
Council shares responsibility for preparing FMPs for the fisheries that 
require conservation and management in the EEZ off Alaska. Management 
of the Federal groundfish fisheries in the BSAI

[[Page 44097]]

is carried out under the BSAI FMP. The BSAI 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 NEPA and the 
Endangered Species Act.

Non-Chinook (Chum) Salmon Bycatch Management in the BSAI Groundfish 
Fisheries

    The Magnuson-Stevens Act authorizes the Council and NMFS to manage 
groundfish fisheries in the Alaska EEZ. Some of these fisheries 
incidentally catch salmon as bycatch while targeting groundfish. The 
Council has designated salmon and several other species (herring, 
Pacific halibut, steelhead, and king and Tanner crab) as ``prohibited 
species'' (Section 3.6.1 of the BSAI FMP). By regulation, the operator 
of any vessel fishing for groundfish in the BSAI must minimize the 
catch of prohibited species (Sec.  679.21(a)(2)(i)). For catch 
accounting purposes, NMFS monitors salmon prohibited species catch 
(PSC) as either ` ``Chinook (Oncorhynchus tshawytscha) PSC'' ' or ` 
``non-Chinook PSC.'' ' Sockeye (O. nerka), coho (O. kisutch), pink (O. 
gorbuscha), and chum salmon are included in the non-Chinook PSC 
category. However, over 99 percent of the salmon bycatch in the non-
Chinook category are chum salmon. PSC limits are the upper bound of the 
PSC allowances apportioned to BSAI groundfish fisheries as specified 
annually under Sec.  679.21. NMFS closes a fishery to avoid exceeding 
some specified PSC limits.
    The Council and NMFS have been actively managing salmon bycatch in 
the Bering Sea since the mid-1990s. The Council's current salmon 
bycatch management program is designed to minimize salmon bycatch at 
all levels of salmon and pollock abundance, although the PSC limit for 
Chinook salmon in the Bering Sea pollock fishery is reduced in years of 
low Chinook salmon abundance (Sec.  679.21(f)(2)). Much of the salmon 
bycatch reduction focus has been on Chinook salmon, although salmon 
bycatch reduction measures also include chum salmon. Salmon bycatch 
reduction actions previously implemented include the following 
measures.
    The Chum Salmon Savings Area, established in 1994 by emergency 
rule, was formalized through BSAI FMP Amendment 35 in 1995 (60 FR 
34904, July 5, 1995). These actions closed the Chum Salmon Savings Area 
in the Bering Sea to all trawling from August 1 through August 31 and 
stipulated it would remain closed through October 14 if the bycatch 
limit of 42,000 non-Chinook salmon was met in the Catcher Vessel 
Operational Area (CVOA) after August 31. The CVOA encompasses the Chum 
Salmon Savings Area, effectively closing both areas to trawling if the 
limit was reached.
    The voluntary rolling hot spot closure system (VRHS) was 
implemented by the pollock industry for chum salmon in 2001 and Chinook 
salmon in 2002 to facilitate sharing real-time salmon bycatch 
information to avoid areas with high Chinook and chum salmon bycatch 
rates (i.e., the number of salmon incidentally caught per metric ton of 
pollock).
    In 2007, BSAI FMP Amendment 84 implementing regulations addressed 
increases in Chinook and chum salmon bycatch that were occurring 
despite the PSC limits in place to trigger closures of the Chinook and 
Chum Salmon Savings Areas (72 FR 61070, October 29, 2007). These 
regulations established the salmon bycatch Intercooperative Agreement 
(ICA), which allowed vessels participating in the Bering Sea pollock 
fishery to use their internal cooperative structure to reduce Chinook 
and chum salmon bycatch using the VRHS. Under Amendment 84 vessels 
participating in the VRHS under the ICA were exempt from the Salmon 
Savings Area closures. Amendment 84 also requires the efficacy of the 
VRHS program and bycatch reduction efforts to be reported to the 
Council annually.
    Prior to Amendment 84's implementing regulations, the Council began 
to work on a comprehensive bycatch management package for both Chinook 
and chum salmon which considered updated closure areas and a range of 
overall PSC limits by fishery sector, season, and species. However, 
2007 saw the highest historical bycatch of Chinook salmon coincide with 
ongoing observations of and concerns about declining Chinook stocks of 
western Alaska origin. Therefore, the Council prioritized management 
measures for Chinook salmon bycatch, resulting in BSAI FMP Amendment 91 
in 2010 (75 FR 53026, August 30, 2010).
    Amendment 91 substantially changed Chinook salmon bycatch 
management in the Bering Sea pollock fishery by creating two Chinook 
salmon PSC limits or ``hard caps.'' The Chinook salmon PSC limits were 
implemented alongside industry-developed contractual arrangements 
called Incentive Plan Agreements (IPAs). IPAs are designed to 
incentivize the pollock industry to minimize their Chinook salmon 
bycatch at all levels of Chinook salmon abundance. This combined 
approach also provides the pollock industry with the flexibility to 
harvest the Bering Sea pollock Total Allowable Catch (TAC) in years 
when encounter rates for Chinook salmon are higher and salmon are 
difficult to avoid on the fishing grounds. Under Amendment 91, if the 
pollock industry developed IPAs, an overall cap of 60,000 Chinook 
salmon was implemented. If the pollock industry did not develop IPAs, a 
lower limit of 47,591 Chinook salmon applied fleet wide. Three IPAs 
have been in place since 2010. The overall hard cap is divided between 
the A and B pollock seasons and allocated among the catcher/processor 
(CP), mothership, inshore catcher vessel (CV), and Community 
Development Quota (CDQ) sectors. Amendment 91 also created a 
performance standard that required that each sector not exceed its 
allocation of 47,591 Chinook salmon in any 3 out of 7 consecutive 
years.
    Salmon bycatch monitoring in the Bering Sea pollock fishery changed 
in 2011 to enable Chinook salmon bycatch accounting, although the 
measures are applied to all salmon. Bycatch monitoring of all salmon 
species in the Bering Sea pollock fishery is accomplished through the 
following measures: (1) requirements for 100 percent observer coverage 
for all vessels and processing plants; (2) salmon retention 
requirements; (3) specific areas to store and count all salmon, 
regardless of species; (4) video monitoring on at-sea processors; and 
(5) electronic reporting of salmon, by species, by haul (for CPs) or 
delivery (for motherships and shoreside processors). Full retention of 
all salmon is required because it is difficult to differentiate Chinook 
salmon from other salmon species, and salmon of all species are counted 
using the same methods. The North Pacific Observer Program also 
implemented more robust genetic sampling, which is required to achieve 
the Council's priority of minimizing Western Alaska chum salmon 
bycatch. Every salmon caught as bycatch in the Bering Sea pollock 
fishery is counted and recorded. Every 10th Chinook salmon and every 
30th chum salmon are sampled by a NMFS-certified observer and are used 
to collect biological information including length and tissues used to 
determine the genetic stock of origin, among other data.
    Amendment 110 to the BSAI FMP, implemented in 2016, further refined 
salmon bycatch management in the Bering Sea pollock fishery to improve 
the incentives to avoid Chinook and chum salmon, while providing more 
flexibility to the pollock fleet to change

[[Page 44098]]

fishing operations to improve its opportunity to harvest the pollock 
TAC (81 FR 37534, June 10, 2016). Key elements of Amendment 110 and 
implementing regulations that addressed salmon bycatch included:
     Incorporate chum salmon avoidance into the IPAs 
established under Amendment 91, and remove the non-Chinook salmon 
bycatch reduction ICA previously established under Amendment 84 to the 
FMP;
     Modify the requirements for the content of the IPAs to 
increase the incentives for fishermen to avoid Chinook salmon;
     Change the seasonal apportionments of the pollock TAC to 
allow more pollock to be harvested earlier in the year when Chinook 
salmon PSC use tends to be lower;
     Reduce the Chinook salmon PSC limit to 45,000 Chinook 
salmon and performance standard to 33,318 Chinook salmon in years with 
low Chinook salmon abundance in western Alaska; and
     Improve the monitoring of salmon bycatch in the pollock 
fishery.
    Amendment 110 further clarified and strengthened salmon monitoring 
regulations implemented under Amendment 91. Those changes: (1) revised 
salmon retention and handling requirements on catcher vessels; (2) 
improved observer data entry and transmission requirements for catcher 
vessels; (3) clarified requirements applicable to viewing salmon in a 
storage container; and (4) clarified requirements for the removal of 
salmon from an observer sampling station at the end of a haul or 
delivery.

Proposed Action

    The Council is now considering management measures to further 
minimize non-Chinook salmon bycatch in light of the ongoing declines in 
chum salmon run strength across western and Interior Alaska. Concurrent 
with the changes in chum salmon stock abundance, the Council reviewed 
scientific reports outlining the impact of warming ocean conditions on 
salmon mortality at sea and received substantial public comment from 
western and Interior Alaska Tribes, Tribal Consortia, and subsistence 
salmon fishermen describing the importance of chum salmon for food 
security, wellbeing, and the continuation of meaningful cultural 
practices and related Traditional Knowledge (TK) systems. The Council 
also received public comments and annual presentations from IPA 
representatives on the industry's efforts to minimize their salmon 
bycatch. As part of this action, the EIS will analyze the extent to 
which implementing additional chum salmon bycatch management measures 
could have some positive benefit on the number of chum salmon that 
return to western Alaska rivers. Any additional chum salmon returning 
to Alaska river systems improves the ability to meet the State's 
spawning escapement goals, which is necessary for the long-term 
sustainability of chum salmon.
    The Council's intent for this proposed action is to minimize the 
bycatch of chum salmon, particularly those of western Alaska origin. 
The management measures to be analyzed in this EIS would apply 
exclusively to participants in the Bering Sea pollock fishery because 
the majority of non-Chinook bycatch occurs in the Bering Sea pollock 
fishery (~98%). The EIS will analyze a range of alternatives considered 
for the proposed action to minimize non-Chinook salmon bycatch, 
particularly the bycatch of Western Alaska chum salmon, in the Bering 
Sea pollock fishery. The chum salmon bycatch reduction measures under 
consideration would augment current bycatch reduction measures in the 
Bering Sea pollock fishery. The BSAI area is defined at Sec.  679.2 and 
shown in Figures 1 to 50 CFR part 679.
    In June 2023, the Council and NMFS agreed that NMFS would initiate 
public scoping to prepare an EIS for the proposed action to minimize 
non-Chinook salmon bycatch, particularly bycatch of Western Alaska chum 
salmon in the Bering Sea pollock fishery. Additional information on the 
Council's proposed action to minimize chum salmon bycatch is available 
on the Council's website at https://www.npfmc.org/.

Purpose and Need Statement

    In April 2023, the Council adopted the following Purpose and Need 
Statement with additional language added by NMFS that addresses 
National Standard 9:
    Salmon are an important fishery resource throughout Alaska, and 
chum salmon that rear in the Bering Sea support subsistence, 
commercial, sport, and recreational fisheries throughout western and 
Interior Alaska. Western and Interior Alaska salmon stocks are 
undergoing extreme crises and collapses, with long-running stock 
problems and consecutive years' failures to achieve escapement goals, 
U.S.-Canada fish passage treaty requirements, and subsistence harvest 
needs in the Yukon, Kuskokwim, and Norton Sound regions. These multi-
salmon species declines have created adverse impacts to culture and 
food security and have resulted in reduced access to traditional foods 
and commercial salmon fisheries.
    The best available science suggests that ecosystem and climate 
changes are the leading causes of recent chum salmon run failures; 
however, non-Chinook (primarily chum) salmon are taken in the Eastern 
Bering Sea pollock trawl fishery, which reduces the amount of salmon 
that return to western and Interior Alaska rivers and subsistence 
fisheries. It is important to acknowledge and understand all sources of 
chum mortality and the cumulative impact of various fishing activities. 
In light of the critical importance of chum salmon to western Alaska 
communities and ecosystems, the Council is considering additional 
measures to further minimize Western Alaska chum bycatch in the pollock 
fishery.
    The purpose of this proposed action is to develop actions to 
minimize bycatch of Western Alaska chum salmon in the Eastern Bering 
Sea pollock fishery consistent with the Magnuson-Stevens Act, National 
Standards, and other applicable law. In particular, National Standard 9 
provides that conservation and management measures shall, to the extent 
practicable, (a) minimize bycatch and (b) to the extent bycatch cannot 
be avoided, minimize the mortality of such bycatch. Consistent, annual 
genetics stock composition information indicates that the majority of 
non-Chinook bycatch in the pollock fishery is of Russian/Asian hatchery 
origin; therefore, alternatives should structure non-Chinook bycatch 
management measures around improving performance in avoiding Western 
Alaska chum salmon specifically.
    The Council intends to consider establishing additional regulatory 
non-Chinook bycatch management measures that reduce Western Alaska chum 
bycatch and meet the following objectives; (1) provide additional 
opportunities for the pollock trawl fleet to improve performance in 
avoiding non-Chinook salmon, while maintaining the priority of the 
objectives of the Amendment 91 and Amendment 110 Chinook salmon bycatch 
avoidance program; (2) meet and balance the requirements of the 
Magnuson-Stevens Act, particularly to minimize salmon bycatch to the 
extent practicable under National Standard 9; (3) include the best 
scientific information available including Local Knowledge and TK as 
required by National Standard 2; (4) take into account the importance 
of fishery resources to fishing communities including those that are 
dependent on Bering Sea pollock and subsistence salmon fisheries as 
required under National Standard 8; and (5) achieve

[[Page 44099]]

optimum yield in the BSAI groundfish fisheries on a continuing basis, 
in the groundfish fisheries as required under National Standard 1.

Alternatives and Options for Non-Chinook (Chum) Salmon Bycatch 
Reduction

    NMFS, in coordination with the Council, will evaluate a range of 
alternative methods to minimize non-Chinook salmon bycatch, with a 
primary focus on reducing Western Alaska chum salmon bycatch in the 
Bering Sea pollock fishery in accordance with the Magnuson-Stevens Act. 
NMFS and the Council recognize that implementation of additional 
measures to minimize chum PSC could change aspects of the existing 
management measures for non-Chinook PSC in the Bering Sea pollock 
fishery.
    Possible alternatives for minimizing non-Chinook bycatch in the 
Bering Sea pollock fishery could be constructed from one or more of the 
following draft alternatives and options developed by the Council, in 
addition to those developed through the public scoping and future 
Council processes:

Alternative 1: Status Quo, No Action

    Alternative 1 is the current management of the Bering Sea pollock 
fishery with the measures to minimize non-Chinook salmon PSC under 
Amendment 110, as described above, and the associated monitoring and 
genetic data collection and analysis.
    All action alternatives apply to the entire Bering Sea pollock B 
season, the season in which chum salmon are taken as bycatch.

Alternative 2: Overall PSC Limit for Chum Salmon

    Option 1: Chum salmon PSC limit (a range to be informed by PSC 
data).
    PSC limits are apportioned among CDQ, CP, mothership, and inshore 
sectors based on historical total bycatch by sector. The inshore limit 
is further apportioned among the inshore cooperatives. The CDQ limit is 
further apportioned among the CDQ groups. Reaching a PSC limit closes 
the pollock fishery sector to which the PSC limit applies.
    Option 2: Weighted, step-down PSC limit triggered by a three-river 
chum index (Kwiniuk (or index developed for Norton Sound area), Yukon, 
Kuskokwim) that is linked to prior years' chum abundance/amount 
necessary for subsistence (ANS)/escapement and weighted to account for 
variance in stock sizes across river systems.
    PSC limits would be triggered and in effect when one or more 
Western Alaska chum index areas fails to meet index thresholds. As more 
areas fail to meet index thresholds, chum PSC limits would step-down 
and become more restrictive. PSC limits are apportioned among CDQ, CP, 
mothership and inshore sectors. The inshore limit is further 
apportioned among the inshore cooperatives. The CDQ limit is further 
apportioned among the CDQ groups. Reaching a PSC limit closes the 
pollock fishery sector to which the PSC limit applies.

Alternative 3: PSC Limit for Western Alaska Chum Salmon

    Option 1: Western Alaska chum salmon PSC limit (range to be 
informed by PSC data).
    PSC limits are apportioned among CDQ, CP, mothership, and inshore 
sectors based on historical total bycatch by sector. The inshore limit 
is further apportioned among the inshore cooperatives. The CDQ limit is 
further apportioned among the CDQ groups. Reaching a PSC limit closes 
the pollock fishery sector to which the PSC limit applies.
    Option 2: Weighted, step-down Western Alaska chum PSC limit 
triggered by a three-river chum index (Kwiniuk (or index developed for 
Norton Sound area), Yukon, Kuskokwim) that is linked to prior years' 
chum abundance/ANS/escapement and weighted to account for variance in 
stock sizes across river systems.
    PSC limits would be triggered and in effect when one or more 
Western Alaska chum index areas fails to meet index thresholds. As more 
areas fail to meet index thresholds, chum PSC limits would step-down 
and become more restrictive. PSC limits are apportioned among CDQ, CP, 
mothership, and inshore sectors. The inshore limit is further 
apportioned among the inshore cooperatives. The CDQ limit is further 
apportioned among the CDQ groups. Reaching a PSC limit closes the 
pollock fishery sector to which the PSC limit applies.

Alternative 4: Additional Regulatory Requirements for IPAs To Be 
Managed by Either NMFS or Within the IPAs

    Option 1: Require a chum salmon reduction plan agreement to 
prioritize avoidance in Genetic Cluster Areas 1 and 2 for a specified 
amount of time based on two triggers: (1) exceeding an established chum 
salmon incidental catch rate; and (2) exceeding a historical genetic 
composition (proportion) of Western Alaska chum salmon to non-Western 
Alaska chum salmon.
    Option 2: Additional regulatory provisions requiring IPAs to 
utilize the most refined genetic information available to further 
prioritize avoidance of areas and times with higher proportions of 
Western Alaska and Upper/Middle Yukon chum stocks.

Issues To Be Analyzed

    The EIS will analyze these alternatives, and any additional 
alternatives developed through the scoping and Council processes, and 
their likely impacts on non-Chinook salmon stocks, elements of 
associated marine resources, and participants in the directed pollock 
fishery. The EIS also will analyze the likely impacts of such 
additional non-Chinook salmon PSC limits on related Chinook salmon 
stocks and on participants in subsistence salmon fisheries in the area.
    When the Council adopted a Purpose and Need statement in April 
2023, the Council asked for a preliminary analysis, which will be 
presented at the October 2023 Council meeting, along with a summary of 
scoping comments received in response to this notice, to provide 
information to inform a reasonable range of PSC limits and an index 
associated with Western Alaska chum salmon stock status under the 
action alternatives. The preliminary analysis will address:
     Non-Chinook PSC data by year from 2011 through 2022; 3-, 
5-, 10-year average non-Chinook PSC levels from 2011 through 2022; and 
potential ranges for average PSC levels during warm/cold years from 
2011 through 2022.
     Whether the identified areas (Kwiniuk (or Norton Sound 
area), Kuskokwim, Yukon) are appropriate as indices to determine 
Western Alaska chum salmon abundance and whether there are data to 
support consistent use of each area in an index.
     Which criteria should be used to define low index 
abundance in each area (i.e., a number of chum defining poor abundance) 
for each area? Examples:

--abundance (e.g., a percentile of historical abundance)
--subsistence harvest performance (e.g., subsistence harvest in 
relation to historical subsistence harvest and/or ANS)
--achievement of escapement goals (e.g., a percentage of total 
escapement goals met or exceeded)

     The feasibility of NMFS implementing a Western Alaska chum 
PSC limit under Alternative 3. For example, can NMFS apply the Western

[[Page 44100]]

Alaska chum stock proportion available in spring 2025 to total chum PSC 
at the end of year 2024 to trigger management measures in B season 
2025? Or a measure whereby Western Alaska chum PSC limit is reduced if 
exceeded for a maximum number of consecutive years (e.g., 2 out of 5 
years or 3 out of 7 years)?
     Additional information necessary to analyze IPAs such as 
the base rate for triggering action, e.g., the proportion of Western 
Alaska and non-Western Alaska chum salmon for the second trigger in 
Alternative 4, Option 1.
     A summary of research and TK that can be gathered to 
understand all causes of the population decline.

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 (40 CFR 1501.9). An EIS is a 
detailed statement on a proposed agency action, but it does not mandate 
particular results or substantive outcomes as the purpose and function 
of NEPA is satisfied if the agency considered relevant environmental 
information and the public has been informed regarding the decision-
making process (40 CFR 1500.1(a)). A principal objective of the scoping 
and public involvement process is to identify a range of reasonable 
management alternatives that, with adequate analysis in an EIS, will 
delineate critical issues and provide a clear basis for distinguishing 
among those alternatives and informing the selection of a preferred 
alternative. Through this notice, NMFS is notifying the public that an 
EIS and a 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 minimize non-Chinook salmon bycatch, particularly the bycatch of 
Western Alaska chum salmon, in the Bering Sea pollock fishery. 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 salmon bycatch 
management in Alaska.
    Subsequent to the formal scoping period for written comments, which 
this notice announces, the public is invited to participate and provide 
additional relevant input at Council meetings, where the latest 
scientific information regarding chum bycatch in the Bering Sea pollock 
fishery is reviewed and alternatives will be developed and evaluated 
for this EIS. 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 July 5, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-14581 Filed 7-10-23; 8:45 am]
BILLING CODE 3510-22-P

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