80_FR_41122 80 FR 40988 - Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries in the Gulf of Alaska

80 FR 40988 - Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries in the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range40988-40990
FR Document2015-17191

NMFS, in consultation with the North Pacific Fishery Management Council (Council), announces its intent to prepare an Environmental Impact Statement (EIS) on a new management program for trawl groundfish fisheries in the Gulf of Alaska (GOA), in accordance with the National Environmental Policy Act of 1969 (NEPA). The proposed action would create a new management program that would allocate allowable harvest to individuals, cooperatives, and other entities that participate in GOA trawl groundfish fisheries. The proposed action is intended to improve stock conservation by imposing accountability measures for utilizing target, incidental, and prohibited species catch, creating incentives to eliminate wasteful fishing practices, providing mechanisms for participants to control and reduce bycatch in the trawl groundfish fisheries, and to improve safety of life at sea and operational efficiencies. The EIS will analyze the impacts to the human environment resulting from the proposed trawl bycatch management program. NMFS will accept written comments from the public to identify the issues of concern and assist the Council in determining the appropriate range of management alternatives for the EIS.

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Proposed Rules]
[Pages 40988-40990]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17191]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-XD649


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Fisheries in the Gulf of Alaska

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

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

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

SUMMARY: NMFS, in consultation with the North Pacific Fishery 
Management Council (Council), announces its intent to prepare an 
Environmental Impact Statement (EIS) on a new management program for 
trawl groundfish fisheries in the Gulf of Alaska (GOA), in accordance 
with the National Environmental Policy Act of 1969 (NEPA). The proposed 
action would create a new management program that would allocate 
allowable harvest to individuals, cooperatives, and other entities that 
participate in GOA trawl groundfish fisheries. The proposed action is 
intended to improve stock conservation by imposing accountability 
measures for utilizing target, incidental, and prohibited species 
catch, creating incentives to eliminate wasteful fishing practices, 
providing mechanisms for participants to control and reduce bycatch in 
the trawl groundfish fisheries, and to improve safety of life at sea 
and operational efficiencies. The EIS will analyze the impacts to the 
human environment resulting from the proposed trawl bycatch management 
program. NMFS will accept written comments from the public to identify 
the issues of concern and assist the Council in determining the 
appropriate range of management alternatives for the EIS.

DATES: Written comments will be accepted through August 28, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0150, 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-2014-0150, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Rachel Baker, (907) 586-7228 or email 
[email protected].

SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the United 
States has exclusive fishery management authority over all living 
marine resources found within the exclusive economic zone (EEZ). The 
management of these marine resources, with the exception of marine 
mammals and birds, is vested in the Secretary of Commerce (Secretary). 
The Council has the responsibility to prepare fishery management plans 
for the fishery resources that require conservation and management in 
the EEZ off Alaska. Management of the Federal groundfish fisheries in 
the GOA is carried out under the Fishery Management Plan for Groundfish 
of the Gulf of Alaska (FMP). The FMP, its amendments, and implementing 
regulations (found at 50 CFR part 679) are developed in accordance with 
the requirements of the Magnuson-Stevens Act and other applicable 
Federal laws and executive orders, notably the National Environmental 
Policy Act (NEPA) and the Endangered Species Act (ESA).
    The Council is considering the establishment of a new management 
program for the GOA trawl groundfish fisheries. The proposed action 
would allocate allowable harvest of selected target and bycatch species 
to individuals, cooperatives, and other entities. The purpose of the 
program is to improve management of all species caught in the GOA trawl 
groundfish fisheries by creating vessel-level and/or cooperative-level 
incentives to avoid and reduce bycatch, and to create accountability 
measures for participants when utilizing target and bycatch species. 
The Council also intends for the program to improve operational 
efficiencies, reduce incentives to fish during unsafe conditions, and 
support the continued participation of coastal communities that are 
dependent on the fisheries. NMFS and the Council have determined the 
preparation of an EIS may be required for this action because some 
important aspects of the bycatch management program on target and 
bycatch species and their users may be uncertain or unknown and may 
result in significant impacts on the human environment not previously 
analyzed. Thus, NMFS and the Council are initiating scoping for an EIS 
in the event an EIS is needed.
    NMFS and the Council are seeking information from the public 
through the EIS scoping process on the range of alternatives to be 
analyzed, and on the environmental, social, and economic issues to be 
considered in the analysis. Written comments generated during this 
scoping process will be provided to the Council and incorporated into 
the EIS for the proposed action.

Management of the GOA Trawl Groundfish Fisheries

    The Council and NMFS annually establish biological thresholds and 
annual total allowable catch limits for groundfish species to 
sustainably manage the groundfish fisheries in the GOA. To achieve 
these objectives, NMFS requires vessel operators participating in GOA 
groundfish fisheries to comply with various restrictions, such as 
fishery closures, to maintain catch within specified total allowable 
catch limits. The GOA groundfish fishery restrictions also include 
measures that are intended to minimize catch of certain species, called 
prohibited species, which may not be retained for sale by the vessel 
harvesting groundfish. For example, current GOA groundfish fishery 
regulations require Pacific halibut prohibited species catch (PSC) to 
be discarded immediately after it is recorded, and Chinook salmon must 
be retained by the harvest vessel only until sampled by an observer. 
The GOA groundfish fishery restrictions also include PSC limits for 
Pacific halibut and Chinook salmon to constrain the amount of bycatch 
of these species in the groundfish fisheries. When harvest of 
prohibited species in a groundfish fishery reaches the specified PSC 
limit for that fishery, NMFS closes directed fishing for the target 
groundfish species,

[[Page 40989]]

even if the total allowable catch limit for that species has not been 
harvested.
    The GOA PSC limits are established on an annual basis by management 
area and are further apportioned by season, fishery category, gear, and 
operation type (e.g., catcher vessel or catcher/processor). This 
apportionment process ensures that halibut and Chinook salmon PSC limit 
is available for use in groundfish fisheries earlier in the year, but 
limits that use so that PSC remains to support other groundfish 
fisheries that occur later in the year. The limits assigned to each 
season reflect halibut PSC likely to be taken during specific seasons 
by specific fisheries.
    For many years, the Council and NMFS have controlled the amount of 
fishing in the North Pacific Ocean by establishing scientifically-based 
harvest limits which ensure that fisheries are conservatively managed 
and do not exceed established biological thresholds. In addition to 
measures that control the amount of harvest, the Council and NMFS also 
implemented the license limitation program (LLP), which limits access 
to the groundfish, crab, and scallop fisheries in the GOA and the 
Bering Sea and Aleutian Islands. The LLP limits entry into federally 
managed fisheries. The groundfish LLP requires each vessel in the GOA 
to have an LLP license on board the vessel at all times while directed 
fishing for license limitation groundfish, with limited exemptions. The 
preamble to the final rule implementing the groundfish LLP provides a 
more detailed explanation of the rationale for specific provisions in 
the LLP (October 1, 1998; 63 FR 52642).
    While the LLP limits the total number of vessels that can 
participate in the fishery, it does not limit harvest by individual 
vessels or assign exclusive harvest privileges to specific vessels or 
entities. This has led to a competitive derby fishery in the GOA 
groundfish fisheries with fishermen racing each other to harvest as 
much fish as they can before the annual catch limit or the PSC limit is 
reached and the fishery is closed for the season. A derby fishery 
relies on a fairly rigid management structure that is not adaptable to 
changes in weather, markets, or other operating considerations. 
Therefore, a derby fishery often results in shorter fishing seasons and 
unsafe fishing practices. It can also create a substantial disincentive 
for participants to take actions to reduce bycatch use and waste, 
particularly if those actions could reduce groundfish catch rates. In a 
derby fishery, participants who choose not to take actions to reduce 
bycatch and waste stand to gain additional groundfish catch by 
continuing to harvest at a higher bycatch rate, at the expense of any 
vessels engaged in bycatch avoidance.
    Allocation of allowable harvests in the form of exclusive harvest 
privileges is a management approach that replaces the rigid management 
structure of a derby fishery with a flexible program that provides 
accountability and removes disincentives to controlling and reducing 
bycatch and waste. Allocating exclusive harvest privileges to fishery 
participants can mitigate the potential negative impacts of a derby 
fishery on target and bycatch species, and on the operational and 
economic efficiency of the fisheries. In this type of management 
approach, a portion of the catch for a species is allocated to 
individual fishermen or groups. Each holder of a harvest privilege must 
stop fishing when his/her specific share of the quota is reached. This 
removes the incentives for each participant to maximize catch rates to 
capture a larger share of the available catch before the fishery is 
closed. As a result, participants can make operational choices to 
improve fishing practices. These choices could include fishing in a 
slower and more efficient fashion, using modified gear with a lower 
harvest rate but which reduces bycatch, coordinating with other vessel 
operators to avoid areas of high bycatch, and processing fish in ways 
that yield increased value but which are possible only by slowing the 
pace of the fishery. This management approach allows fishermen to plan 
their fishing effort around the weather, markets, or other business 
considerations and allows other fishery dependent businesses to plan 
more effectively.
    The Council has recommended, and NMFS has implemented, management 
programs in the EEZ off Alaska that allocate exclusive harvest 
privileges to fishery participants. Based on experience with these 
programs, the Council and NMFS have determined that allocating 
exclusive harvest privileges of target and bycatch species creates a 
structure for fishery participants to efficiently manage harvesting and 
processing activities that can result in reduced bycatch and improved 
utilization of groundfish fisheries. Additional information on these 
management programs is provided in the final rules implementing the 
American Fisheries Act in the Bering Sea (67 FR 79692, December 30, 
2002), the Amendment 80 Program in the Bering Sea and Aleutian Islands 
(72 FR 52668, September 14, 2007), and the Rockfish Program in the 
Central GOA (76 FR 81248, December 27, 2011).
    Over the past few years, the Council has recommended amendments to 
the FMP to reduce PSC in the GOA groundfish fisheries. Under Amendments 
93 and 97 to the FMP, the Council recommended and NMFS implemented 
Chinook salmon PSC limits in the GOA trawl fisheries (77 FR 42629, July 
20, 2012 and 79 FR 71350, December 2, 2014). Under Amendment 95 to the 
FMP, the Council recommended and NMFS implemented reductions to halibut 
PSC limits for GOA trawl and hook-and-line fisheries (79 FR 9625, 
February 20, 2014). This series of actions reflects the Council's 
commitment to reduce PSC in the GOA groundfish fisheries. The Council 
also recognizes that although the current management system of 
establishing and apportioning PSC limits places a cap on the amount of 
PSC that may be used in GOA groundfish fisheries, the derby fishery 
under the LLP creates a substantial disincentive for participants to 
take actions to avoid and reduce PSC usage.
    In October 2012, the Council unanimously adopted a purpose and need 
statement, and goals and objectives, to support the development of a 
new management program that would allocate allowable harvest to 
individual, cooperatives, or other entities. The Council determined 
that this kind of management program would mitigate the adverse effects 
of the current derby-style race for fish by removing disincentives to 
reduce bycatch and PSC, and providing a more flexible and efficient 
management system for participants to better manage and utilize 
groundfish species in the GOA trawl fisheries. This new management 
program is referred to as a bycatch management program in the following 
sections of this notice.

Proposed Action

    The proposed action to be analyzed in the EIS is a bycatch 
management program for the GOA trawl groundfish fisheries that 
allocates allowable harvest to individuals, cooperatives, or other 
entities. The bycatch management program would replace the derby 
fishery with a program that provides tools to effectively manage 
bycatch and reduce PSC use, and that promotes increased utilization of 
groundfish harvested in the GOA. The proposed action would apply to 
participants in Federal groundfish fisheries prosecuted with trawl gear 
in the following areas: (1) The Western GOA Regulatory Area (Western 
GOA), (2) the Central GOA Regulatory Area (Central GOA), and (3) the 
West Yakutat District of the Eastern GOA Regulatory Area (West Yakutat

[[Page 40990]]

District). These areas are defined at Sec.  679.2 and shown in Figure 3 
to 50 CFR part 679.

Alternatives

    NMFS, in coordination with the Council, will evaluate a range of 
alternative bycatch management programs for the trawl groundfish 
fisheries in the Western GOA, Central GOA, and West Yakutat District. 
NMFS and the Council recognize that implementation of a GOA trawl 
bycatch management program allocating exclusive harvest privileges 
would result in substantial changes to many of the current management 
measures for the groundfish fisheries. The EIS will analyze these 
changes as well as alternative ways to manage target and bycatch 
species in the GOA groundfish fisheries. The potential alternatives 
already identified for the EIS include:

Alternative 1

    The existing management program (no action).

Alternative 2

    A bycatch management program that would allocate exclusive harvest 
privileges to participants in the Western GOA, Central GOA, and West 
Yakutat District trawl groundfish fisheries who voluntarily join a 
cooperative. Participants who do not choose to join a cooperative would 
have the opportunity to participate in the current limited access 
management system under the groundfish LLP.
    In Alternative 2, the Council is considering allocating exclusive 
harvest privileges to cooperatives. Alternative 2 contains several 
elements and options for determining eligible participants, groundfish 
and PSC species to be allocated, and methods for determining 
allocations to cooperatives and the limited access fishery. Alternative 
2 also includes elements and options for cooperative formation and 
membership that are intended to provide incentives for participation by 
harvesters and processors to improve coordination and operational 
efficiencies. Alternative 2 also contains a number of elements that are 
intended to provide for fishery dependent community stability, such as 
harvest privilege consolidation limits and area- and port-specific 
delivery requirements.

Alternative 3

    A bycatch management program that would allocate exclusive harvest 
privileges to fishery participants who voluntarily join a cooperative 
and either 1) a Community Fishing Association as defined in section 
303A(c)(3) of the Magnuson-Stevens Act or 2) an Adaptive Management 
Program. Participants who do not choose to join a cooperative would 
have the opportunity to participate in the current limited access 
management system under the groundfish LLP.
    In Alternative 3, the Council is considering allocating exclusive 
harvest privileges to cooperatives and either a Community Fishing 
Association or to persons who meet the criteria established for an 
Adaptive Management Program. The allocation to a Community Fishing 
Association or Adaptive Management Program would meet objectives that 
include providing for sustained participation of fishing communities, 
promoting conservation measures, and assisting vessel owner-operators, 
captains, and crew who want to enter and participate in the GOA trawl 
groundfish fisheries.

Public Involvement

    Scoping is an early and open process for determining the scope of 
issues to be addressed in an EIS and for identifying the significant 
issues related to the proposed action. A principal objective of the 
scoping and public involvement process is to identify a range of 
reasonable management alternatives that, with adequate analysis, will 
delineate critical issues and provide a clear basis for distinguishing 
among those alternatives and selecting a preferred alternative. Through 
this notice, NMFS is notifying the public that an EIS and decision-
making process for this proposed action have been initiated so that 
interested or affected people may participate and contribute to the 
final decision.
    NMFS is seeking written public comments on the scope of issues, 
including potential impacts, and alternatives that should be considered 
for bycatch management programs for the trawl groundfish fisheries in 
the Western GOA, Central GOA, and West Yakutat District of the GOA. 
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 
Web site at http://www.alaskafisheries.noaa.gov for more information on 
the GOA trawl bycatch management program EIS and for guidance on 
submitting effective written public comments.
    The public is invited to participate and provide input at Council 
meetings where the latest scientific information regarding the GOA 
groundfish fisheries is reviewed and alternative bycatch management 
programs are developed and evaluated. Notice of future Council meetings 
will be published in the Federal Register and on the Internet at http://www.npfmc.org/. Please visit this Web site for information and 
guidance on participating in Council meetings. Additional information 
on the Council's development of the GOA trawl bycatch management 
program is available at http://www.npfmc.org/goa-trawl-bycatch-management/.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: July 8, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-17191 Filed 7-13-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                      40988                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

                                                      [FR Doc. 2015–17016 Filed 7–13–15; 8:45 am]              0150, click the ‘‘Comment Now!’’ icon,                fisheries by creating vessel-level and/or
                                                      BILLING CODE 3510–22–P                                   complete the required fields, and enter               cooperative-level incentives to avoid
                                                                                                               or attach your comments.                              and reduce bycatch, and to create
                                                                                                                  • Mail: Submit written comments to                 accountability measures for participants
                                                      DEPARTMENT OF COMMERCE                                   Glenn Merrill, Assistant Regional                     when utilizing target and bycatch
                                                                                                               Administrator, Sustainable Fisheries                  species. The Council also intends for the
                                                      National Oceanic and Atmospheric                         Division, Alaska Region NMFS, Attn:                   program to improve operational
                                                      Administration                                           Ellen Sebastian. Mail comments to P.O.                efficiencies, reduce incentives to fish
                                                                                                               Box 21668, Juneau, AK 99802–1668.                     during unsafe conditions, and support
                                                      50 CFR Part 679                                             Instructions: Comments sent by any                 the continued participation of coastal
                                                      RIN 0648–XD649                                           other method, to any other address or                 communities that are dependent on the
                                                                                                               individual, or received after the end of              fisheries. NMFS and the Council have
                                                      Fisheries of the Exclusive Economic                      the comment period, may not be                        determined the preparation of an EIS
                                                      Zone Off Alaska; Groundfish Fisheries                    considered by NMFS. All comments                      may be required for this action because
                                                      in the Gulf of Alaska                                    received are a part of the public record              some important aspects of the bycatch
                                                                                                               and will generally be posted for public               management program on target and
                                                      AGENCY:  National Marine Fisheries
                                                                                                               viewing on www.regulations.gov                        bycatch species and their users may be
                                                      Service (NMFS), National Oceanic and
                                                                                                               without change. All personal identifying              uncertain or unknown and may result in
                                                      Atmospheric Administration (NOAA),
                                                                                                               information (e.g., name, address),                    significant impacts on the human
                                                      Commerce.
                                                                                                               confidential business information, or                 environment not previously analyzed.
                                                      ACTION: Notice; intent to prepare an                                                                           Thus, NMFS and the Council are
                                                                                                               otherwise sensitive information
                                                      environmental impact statement;                                                                                initiating scoping for an EIS in the event
                                                                                                               submitted voluntarily by the sender will
                                                      request for written comments.                                                                                  an EIS is needed.
                                                                                                               be publicly accessible. NMFS will
                                                      SUMMARY:    NMFS, in consultation with                   accept anonymous comments (enter                         NMFS and the Council are seeking
                                                      the North Pacific Fishery Management                     ‘‘N/A’’ in the required fields if you wish            information from the public through the
                                                      Council (Council), announces its intent                  to remain anonymous).                                 EIS scoping process on the range of
                                                      to prepare an Environmental Impact                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                     alternatives to be analyzed, and on the
                                                      Statement (EIS) on a new management                      Rachel Baker, (907) 586–7228 or email                 environmental, social, and economic
                                                      program for trawl groundfish fisheries                   rachel.baker@noaa.gov.                                issues to be considered in the analysis.
                                                      in the Gulf of Alaska (GOA), in                                                                                Written comments generated during this
                                                                                                               SUPPLEMENTARY INFORMATION: Under the
                                                      accordance with the National                                                                                   scoping process will be provided to the
                                                                                                               Magnuson-Stevens Fishery                              Council and incorporated into the EIS
                                                      Environmental Policy Act of 1969                         Conservation and Management Act
                                                      (NEPA). The proposed action would                                                                              for the proposed action.
                                                                                                               (Magnuson-Stevens Act), the United
                                                      create a new management program that                     States has exclusive fishery                          Management of the GOA Trawl
                                                      would allocate allowable harvest to                      management authority over all living                  Groundfish Fisheries
                                                      individuals, cooperatives, and other                     marine resources found within the                        The Council and NMFS annually
                                                      entities that participate in GOA trawl                   exclusive economic zone (EEZ). The                    establish biological thresholds and
                                                      groundfish fisheries. The proposed                       management of these marine resources,                 annual total allowable catch limits for
                                                      action is intended to improve stock                      with the exception of marine mammals                  groundfish species to sustainably
                                                      conservation by imposing accountability                  and birds, is vested in the Secretary of              manage the groundfish fisheries in the
                                                      measures for utilizing target, incidental,               Commerce (Secretary). The Council has                 GOA. To achieve these objectives,
                                                      and prohibited species catch, creating                   the responsibility to prepare fishery                 NMFS requires vessel operators
                                                      incentives to eliminate wasteful fishing                 management plans for the fishery                      participating in GOA groundfish
                                                      practices, providing mechanisms for                      resources that require conservation and               fisheries to comply with various
                                                      participants to control and reduce                       management in the EEZ off Alaska.                     restrictions, such as fishery closures, to
                                                      bycatch in the trawl groundfish                          Management of the Federal groundfish                  maintain catch within specified total
                                                      fisheries, and to improve safety of life at              fisheries in the GOA is carried out                   allowable catch limits. The GOA
                                                      sea and operational efficiencies. The EIS                under the Fishery Management Plan for                 groundfish fishery restrictions also
                                                      will analyze the impacts to the human                    Groundfish of the Gulf of Alaska (FMP).               include measures that are intended to
                                                      environment resulting from the                           The FMP, its amendments, and                          minimize catch of certain species, called
                                                      proposed trawl bycatch management                        implementing regulations (found at 50                 prohibited species, which may not be
                                                      program. NMFS will accept written                        CFR part 679) are developed in                        retained for sale by the vessel harvesting
                                                      comments from the public to identify                     accordance with the requirements of the               groundfish. For example, current GOA
                                                      the issues of concern and assist the                     Magnuson-Stevens Act and other                        groundfish fishery regulations require
                                                      Council in determining the appropriate                   applicable Federal laws and executive                 Pacific halibut prohibited species catch
                                                      range of management alternatives for the                 orders, notably the National                          (PSC) to be discarded immediately after
                                                      EIS.                                                     Environmental Policy Act (NEPA) and                   it is recorded, and Chinook salmon must
                                                      DATES: Written comments will be                          the Endangered Species Act (ESA).                     be retained by the harvest vessel only
                                                      accepted through August 28, 2015.                           The Council is considering the                     until sampled by an observer. The GOA
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      ADDRESSES: You may submit comments                       establishment of a new management                     groundfish fishery restrictions also
                                                      on this document, identified by NOAA–                    program for the GOA trawl groundfish                  include PSC limits for Pacific halibut
                                                      NMFS–2014–0150, by any of the                            fisheries. The proposed action would                  and Chinook salmon to constrain the
                                                      following methods:                                       allocate allowable harvest of selected                amount of bycatch of these species in
                                                         • Electronic Submission: Submit all                   target and bycatch species to                         the groundfish fisheries. When harvest
                                                      electronic public comments via the                       individuals, cooperatives, and other                  of prohibited species in a groundfish
                                                      Federal e-Rulemaking Portal. Go to                       entities. The purpose of the program is               fishery reaches the specified PSC limit
                                                      www.regulations.gov/                                     to improve management of all species                  for that fishery, NMFS closes directed
                                                      #!docketDetail;D=NOAA-NMFS-2014-                         caught in the GOA trawl groundfish                    fishing for the target groundfish species,


                                                 VerDate Sep<11>2014   18:44 Jul 13, 2015   Jkt 235001   PO 00000   Frm 00051   Fmt 4702   Sfmt 4702   E:\FR\FM\14JYP1.SGM   14JYP1


                                                                               Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules                                           40989

                                                      even if the total allowable catch limit for              groundfish catch by continuing to                        Over the past few years, the Council
                                                      that species has not been harvested.                     harvest at a higher bycatch rate, at the              has recommended amendments to the
                                                         The GOA PSC limits are established                    expense of any vessels engaged in                     FMP to reduce PSC in the GOA
                                                      on an annual basis by management area                    bycatch avoidance.                                    groundfish fisheries. Under
                                                      and are further apportioned by season,                      Allocation of allowable harvests in                Amendments 93 and 97 to the FMP, the
                                                      fishery category, gear, and operation                    the form of exclusive harvest privileges              Council recommended and NMFS
                                                      type (e.g., catcher vessel or catcher/                   is a management approach that replaces                implemented Chinook salmon PSC
                                                      processor). This apportionment process                   the rigid management structure of a                   limits in the GOA trawl fisheries (77 FR
                                                      ensures that halibut and Chinook                         derby fishery with a flexible program                 42629, July 20, 2012 and 79 FR 71350,
                                                      salmon PSC limit is available for use in                 that provides accountability and                      December 2, 2014). Under Amendment
                                                      groundfish fisheries earlier in the year,                removes disincentives to controlling                  95 to the FMP, the Council
                                                      but limits that use so that PSC remains                  and reducing bycatch and waste.                       recommended and NMFS implemented
                                                      to support other groundfish fisheries                    Allocating exclusive harvest privileges               reductions to halibut PSC limits for
                                                      that occur later in the year. The limits                 to fishery participants can mitigate the              GOA trawl and hook-and-line fisheries
                                                      assigned to each season reflect halibut                  potential negative impacts of a derby                 (79 FR 9625, February 20, 2014). This
                                                      PSC likely to be taken during specific                   fishery on target and bycatch species,                series of actions reflects the Council’s
                                                      seasons by specific fisheries.                           and on the operational and economic                   commitment to reduce PSC in the GOA
                                                         For many years, the Council and                       efficiency of the fisheries. In this type of          groundfish fisheries. The Council also
                                                      NMFS have controlled the amount of                       management approach, a portion of the                 recognizes that although the current
                                                      fishing in the North Pacific Ocean by                    catch for a species is allocated to                   management system of establishing and
                                                      establishing scientifically-based harvest                individual fishermen or groups. Each                  apportioning PSC limits places a cap on
                                                      limits which ensure that fisheries are                   holder of a harvest privilege must stop               the amount of PSC that may be used in
                                                      conservatively managed and do not                        fishing when his/her specific share of                GOA groundfish fisheries, the derby
                                                      exceed established biological                            the quota is reached. This removes the                fishery under the LLP creates a
                                                      thresholds. In addition to measures that                 incentives for each participant to                    substantial disincentive for participants
                                                      control the amount of harvest, the                       maximize catch rates to capture a larger              to take actions to avoid and reduce PSC
                                                      Council and NMFS also implemented                        share of the available catch before the               usage.
                                                      the license limitation program (LLP),                    fishery is closed. As a result,                          In October 2012, the Council
                                                      which limits access to the groundfish,                   participants can make operational                     unanimously adopted a purpose and
                                                      crab, and scallop fisheries in the GOA                   choices to improve fishing practices.                 need statement, and goals and
                                                      and the Bering Sea and Aleutian                          These choices could include fishing in                objectives, to support the development
                                                      Islands. The LLP limits entry into                       a slower and more efficient fashion,                  of a new management program that
                                                      federally managed fisheries. The                         using modified gear with a lower                      would allocate allowable harvest to
                                                      groundfish LLP requires each vessel in                   harvest rate but which reduces bycatch,               individual, cooperatives, or other
                                                      the GOA to have an LLP license on                        coordinating with other vessel operators              entities. The Council determined that
                                                      board the vessel at all times while                      to avoid areas of high bycatch, and                   this kind of management program
                                                      directed fishing for license limitation                  processing fish in ways that yield                    would mitigate the adverse effects of the
                                                      groundfish, with limited exemptions.                     increased value but which are possible                current derby-style race for fish by
                                                      The preamble to the final rule                           only by slowing the pace of the fishery.              removing disincentives to reduce
                                                      implementing the groundfish LLP                          This management approach allows                       bycatch and PSC, and providing a more
                                                      provides a more detailed explanation of                  fishermen to plan their fishing effort                flexible and efficient management
                                                      the rationale for specific provisions in                 around the weather, markets, or other                 system for participants to better manage
                                                      the LLP (October 1, 1998; 63 FR 52642).                  business considerations and allows                    and utilize groundfish species in the
                                                         While the LLP limits the total number                 other fishery dependent businesses to                 GOA trawl fisheries. This new
                                                      of vessels that can participate in the                   plan more effectively.                                management program is referred to as a
                                                      fishery, it does not limit harvest by                       The Council has recommended, and                   bycatch management program in the
                                                      individual vessels or assign exclusive                   NMFS has implemented, management                      following sections of this notice.
                                                      harvest privileges to specific vessels or                programs in the EEZ off Alaska that
                                                      entities. This has led to a competitive                  allocate exclusive harvest privileges to              Proposed Action
                                                      derby fishery in the GOA groundfish                      fishery participants. Based on                           The proposed action to be analyzed in
                                                      fisheries with fishermen racing each                     experience with these programs, the                   the EIS is a bycatch management
                                                      other to harvest as much fish as they can                Council and NMFS have determined                      program for the GOA trawl groundfish
                                                      before the annual catch limit or the PSC                 that allocating exclusive harvest                     fisheries that allocates allowable harvest
                                                      limit is reached and the fishery is closed               privileges of target and bycatch species              to individuals, cooperatives, or other
                                                      for the season. A derby fishery relies on                creates a structure for fishery                       entities. The bycatch management
                                                      a fairly rigid management structure that                 participants to efficiently manage                    program would replace the derby
                                                      is not adaptable to changes in weather,                  harvesting and processing activities that             fishery with a program that provides
                                                      markets, or other operating                              can result in reduced bycatch and                     tools to effectively manage bycatch and
                                                      considerations. Therefore, a derby                       improved utilization of groundfish                    reduce PSC use, and that promotes
                                                      fishery often results in shorter fishing                 fisheries. Additional information on                  increased utilization of groundfish
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      seasons and unsafe fishing practices. It                 these management programs is provided                 harvested in the GOA. The proposed
                                                      can also create a substantial                            in the final rules implementing the                   action would apply to participants in
                                                      disincentive for participants to take                    American Fisheries Act in the Bering                  Federal groundfish fisheries prosecuted
                                                      actions to reduce bycatch use and waste,                 Sea (67 FR 79692, December 30, 2002),                 with trawl gear in the following areas:
                                                      particularly if those actions could                      the Amendment 80 Program in the                       (1) The Western GOA Regulatory Area
                                                      reduce groundfish catch rates. In a                      Bering Sea and Aleutian Islands (72 FR                (Western GOA), (2) the Central GOA
                                                      derby fishery, participants who choose                   52668, September 14, 2007), and the                   Regulatory Area (Central GOA), and (3)
                                                      not to take actions to reduce bycatch                    Rockfish Program in the Central GOA                   the West Yakutat District of the Eastern
                                                      and waste stand to gain additional                       (76 FR 81248, December 27, 2011).                     GOA Regulatory Area (West Yakutat


                                                 VerDate Sep<11>2014   18:44 Jul 13, 2015   Jkt 235001   PO 00000   Frm 00052   Fmt 4702   Sfmt 4702   E:\FR\FM\14JYP1.SGM   14JYP1


                                                      40990                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

                                                      District). These areas are defined at                    also contains a number of elements that               for this proposed action have been
                                                      § 679.2 and shown in Figure 3 to 50 CFR                  are intended to provide for fishery                   initiated so that interested or affected
                                                      part 679.                                                dependent community stability, such as                people may participate and contribute
                                                                                                               harvest privilege consolidation limits                to the final decision.
                                                      Alternatives
                                                                                                               and area- and port-specific delivery                     NMFS is seeking written public
                                                         NMFS, in coordination with the                        requirements.                                         comments on the scope of issues,
                                                      Council, will evaluate a range of
                                                      alternative bycatch management                           Alternative 3                                         including potential impacts, and
                                                      programs for the trawl groundfish                                                                              alternatives that should be considered
                                                                                                                  A bycatch management program that                  for bycatch management programs for
                                                      fisheries in the Western GOA, Central                    would allocate exclusive harvest
                                                      GOA, and West Yakutat District. NMFS                                                                           the trawl groundfish fisheries in the
                                                                                                               privileges to fishery participants who                Western GOA, Central GOA, and West
                                                      and the Council recognize that                           voluntarily join a cooperative and either
                                                      implementation of a GOA trawl bycatch                                                                          Yakutat District of the GOA. Written
                                                                                                               1) a Community Fishing Association as                 comments should be as specific as
                                                      management program allocating                            defined in section 303A(c)(3) of the
                                                      exclusive harvest privileges would                                                                             possible to be the most helpful. Written
                                                                                                               Magnuson-Stevens Act or 2) an                         comments received during the scoping
                                                      result in substantial changes to many of                 Adaptive Management Program.
                                                      the current management measures for                                                                            process, including the names and
                                                                                                               Participants who do not choose to join                addresses of those submitting them, will
                                                      the groundfish fisheries. The EIS will                   a cooperative would have the
                                                      analyze these changes as well as                                                                               be considered part of the public record
                                                                                                               opportunity to participate in the current             of this proposal and will be available for
                                                      alternative ways to manage target and                    limited access management system
                                                      bycatch species in the GOA groundfish                                                                          public inspection. Written comments
                                                                                                               under the groundfish LLP.                             will be accepted at the address above
                                                      fisheries. The potential alternatives                       In Alternative 3, the Council is
                                                      already identified for the EIS include:                                                                        (see ADDRESSES). Please visit the NMFS
                                                                                                               considering allocating exclusive harvest              Alaska Region Web site at http://www.
                                                      Alternative 1                                            privileges to cooperatives and either a               alaskafisheries.noaa.gov for more
                                                        The existing management program (no                    Community Fishing Association or to                   information on the GOA trawl bycatch
                                                      action).                                                 persons who meet the criteria                         management program EIS and for
                                                                                                               established for an Adaptive                           guidance on submitting effective written
                                                      Alternative 2                                            Management Program. The allocation to                 public comments.
                                                         A bycatch management program that                     a Community Fishing Association or
                                                                                                               Adaptive Management Program would                        The public is invited to participate
                                                      would allocate exclusive harvest                                                                               and provide input at Council meetings
                                                      privileges to participants in the Western                meet objectives that include providing
                                                                                                               for sustained participation of fishing                where the latest scientific information
                                                      GOA, Central GOA, and West Yakutat
                                                                                                               communities, promoting conservation                   regarding the GOA groundfish fisheries
                                                      District trawl groundfish fisheries who
                                                                                                               measures, and assisting vessel owner-                 is reviewed and alternative bycatch
                                                      voluntarily join a cooperative.
                                                                                                               operators, captains, and crew who want                management programs are developed
                                                      Participants who do not choose to join
                                                                                                               to enter and participate in the GOA                   and evaluated. Notice of future Council
                                                      a cooperative would have the
                                                                                                               trawl groundfish fisheries.                           meetings will be published in the
                                                      opportunity to participate in the current
                                                                                                                                                                     Federal Register and on the Internet at
                                                      limited access management system                         Public Involvement                                    http://www.npfmc.org/. Please visit this
                                                      under the groundfish LLP.
                                                         In Alternative 2, the Council is                        Scoping is an early and open process                Web site for information and guidance
                                                      considering allocating exclusive harvest                 for determining the scope of issues to be             on participating in Council meetings.
                                                      privileges to cooperatives. Alternative 2                addressed in an EIS and for identifying               Additional information on the Council’s
                                                      contains several elements and options                    the significant issues related to the                 development of the GOA trawl bycatch
                                                      for determining eligible participants,                   proposed action. A principal objective                management program is available at
                                                      groundfish and PSC species to be                         of the scoping and public involvement                 http://www.npfmc.org/goa-trawl-
                                                      allocated, and methods for determining                   process is to identify a range of                     bycatch-management/.
                                                      allocations to cooperatives and the                      reasonable management alternatives                      Authority: 16 U.S.C. 1801 et seq.
                                                      limited access fishery. Alternative 2 also               that, with adequate analysis, will
                                                                                                                                                                       Dated: July 8, 2015.
                                                      includes elements and options for                        delineate critical issues and provide a
                                                      cooperative formation and membership                     clear basis for distinguishing among                  Emily H. Menashes,
                                                      that are intended to provide incentives                  those alternatives and selecting a                    Acting Director, Office of Sustainable
                                                      for participation by harvesters and                      preferred alternative. Through this                   Fisheries, National Marine Fisheries Service.
                                                      processors to improve coordination and                   notice, NMFS is notifying the public                  [FR Doc. 2015–17191 Filed 7–13–15; 8:45 am]
                                                      operational efficiencies. Alternative 2                  that an EIS and decision-making process               BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                 VerDate Sep<11>2014   18:44 Jul 13, 2015   Jkt 235001   PO 00000   Frm 00053   Fmt 4702   Sfmt 9990   E:\FR\FM\14JYP1.SGM   14JYP1



Document Created: 2018-02-23 09:19:53
Document Modified: 2018-02-23 09:19:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice; intent to prepare an environmental impact statement; request for written comments.
DatesWritten comments will be accepted through August 28, 2015.
ContactRachel Baker, (907) 586-7228 or email [email protected]
FR Citation80 FR 40988 
RIN Number0648-XD64

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR