80_FR_66695 80 FR 66486 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; Amendment 111

80 FR 66486 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; Amendment 111

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 209 (October 29, 2015)

Page Range66486-66487
FR Document2015-27608

The North Pacific Fishery Management Council (Council) has submitted Amendment 111 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to the Secretary of Commerce (Secretary) for review. Amendment 111 to the FMP would reduce bycatch limits, also known as Prohibited Species Catch (PSC) limits, by specific amounts in four groundfish sectors: the Amendment 80 sector (non-pollock trawl catcher/processors); the BSAI trawl limited access sector (all non-Amendment 80 trawl fishery participants); the BSAI non-trawl sector (primarily hook-and-line catcher/processors); and the Western Alaska Community Development Quota Program (CDQ Program, also referred to as the CDQ sector). This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, and other applicable laws.

Federal Register, Volume 80 Issue 209 (Thursday, October 29, 2015) 
[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Proposed Rules]
[Pages 66486-66487]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27608]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BF29


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Management Area; Amendment 111

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

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

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted Amendment 111 to the Fishery Management Plan for Groundfish 
of the Bering Sea and Aleutian Islands Management Area (FMP) to the 
Secretary of Commerce (Secretary) for review. Amendment 111 to the FMP 
would reduce bycatch limits, also known as Prohibited Species Catch 
(PSC) limits, by specific amounts in four groundfish sectors: the 
Amendment 80 sector (non-pollock trawl catcher/processors); the BSAI 
trawl limited access sector (all non-Amendment 80 trawl fishery 
participants); the BSAI non-trawl sector (primarily hook-and-line 
catcher/processors); and the Western Alaska Community Development Quota 
Program (CDQ Program, also referred to as the CDQ sector). This action 
is intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), the 
FMP, and other applicable laws.

DATES: Submit comments on or before December 28, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0092, by any one 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-2015-0092, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Address 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.
    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. All comments received are a part of the public 
record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address) confidential business information, or 
otherwise sensitive information voluntarily submitted by the commenter 
will be publicly accessible. NMFS will accept anonymous comments (enter 
N/A in the required fields, if you wish to remain anonymous).
    Electronic copies of Amendment 111 to the FMP, the Environmental 
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility 
Analysis prepared for this action, and the Finding of No Significant 
Impact (FONSI) prepared for this action may be obtained from http://www.regulations.gov or from the Alaska Region Web site at http://www.alaskafisheries/noaa.gov.

FOR FURTHER INFORMATION CONTACT: Mary Alice McKeen, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Council has submitted Amendment 111 to 
the FMP to the Secretary for review. If approved, Amendment 111 would 
reduce bycatch limits, also known as prohibited species catch (PSC) 
limits, of Pacific halibut in the Bering Sea Aleutian Islands (BSAI) 
groundfish fisheries by specific amounts in four groundfish sectors: 
the Amendment 80 sector; the BSAI trawl limited access; the BSAI non-
trawl sector; and the CDQ sector. Amendment 111 is necessary to 
minimize halibut bycatch in the BSAI groundfish fisheries to the extent 
practicable and to achieve, on a continuing basis, optimum yield from 
the BSAI groundfish fisheries. Amendment 111 is intended to promote the 
goals and objectives of the Magnuson-Stevens Act, the FMP, and other 
applicable laws.
    The Magnuson-Stevens Act requires that each regional fishery 
management council submit any fishery management plan amendment it 
prepares to NMFS for review and approval, disapproval, or partial 
approval by the Secretary. The Magnuson-Stevens Act also requires that 
NMFS, upon receiving a fishery management plan amendment, immediately 
publish a document in the Federal Register announcing that the 
amendment is available for public review and comment. This document 
announces that proposed Amendment 111 to the FMP is available for 
public review and comment.
    If approved, Amendment 111 would reduce the halibut PSC limits for 
the Amendment 80 sector by 25 percent, from 2,325 mt to 1,745 mt; for 
the BSAI trawl limited access fisheries by 15 percent, from 875 mt to 
745 mt.; for the BSAI non-trawl sector, by 15 percent, from 833 mt to 
710 mt.; and for the CDQ sector by 20 percent, from 393 mt to 315 mt.
    In submitting Amendment 111 to the Secretary, the Council and NMFS 
considered all the National Standards in section 301 of the Magnuson-
Stevens Act, but four national standards figured prominently in their 
consideration of Amendment 111: National Standard 1, National Standard 
4, National Standard

[[Page 66487]]

8, and National Standard 9. Amendment 111 would minimize halibut 
bycatch to the extent practicable, consistent with National Standard 9, 
while achieving, on a continuing basis, optimum yield from the BSAI 
groundfish fisheries, consistent with National Standard 1. Amendment 
111 does not discriminate between residents of different states and 
assigns allocations of halibut PSC limits in manner that is fair and 
equitable consistent with National Standard 4. Amendment 111 takes into 
account the impact of its provisions on fishing communities in order to 
provide for the sustained participation of those communities and, to 
the extent practicable, to minimize adverse economic impacts on such 
communities, consistent with National Standard 8. Amendment 111 may 
provide additional opportunities for directed commercial halibut 
fishing, if the International Pacific Halibut Commission increases the 
commercial catch limit for the directed halibut fishery in response to 
this action.
    In addition to reducing the BSAI halibut PSC limits, Amendment 111 
would change two features of current halibut PSC management. First, 
Amendment 111 would establish the PSC limit for the CDQ sector as a 
separate limit. Under current FMP provisions, the PSC limit for the CDQ 
sector is taken partly from the overall trawl PSC limit and the overall 
non-trawl PSC limit. Second, Amendment 111 would change a feature of 
the halibut PSC limit for the Amendment 80 sector. Within the Amendment 
80 sector, the halibut PSC limit is divided annually between Amendment 
80 cooperatives and the Amendment 80 limited access fishery, which 
consists of vessels that choose that year to fish outside of an 
Amendment 80 cooperative. In the current regulation, any halibut PSC 
that is not assigned to an Amendment 80 cooperative is assigned to the 
Amendment 80 limited access fishery. Under Amendment 111, if any 
Amendment 80 vessels fish in the Amendment 80 limited access fishery, 
NMFS would reduce the halibut PSC in the Amendment 80 limited access 
fishery for that year by 20 percent compared to the PSC amount that 
NMFS would have allocated to cooperatives for that year if those 
vessels had fished through cooperatives.
    Amendment 111 would amend Section 3.6.2.1.4 of the FMP to specify 
the BSAI halibut PSC limits for the four groundfish sectors; amend 
Section 3.7.4.6 of the FMP and specify a separate PSC limit for the CDQ 
sector; amend Section 3.7.5.2 so that it would establish the halibut 
PSC limit for the Amendment 80 sector as 1,745 mt and the halibut PSC 
limit for the BSAI trawl limited access sector as 745 mt; and amend 
Section 3.7.5.2 so that it establishes an additional 20 percent 
reduction in the halibut PSC limit for the Amendment 80 vessels that 
participate in the Amendment 80 limited access fishery. Amendment 111 
would make two minor revisions to Table ES-2 to include the revised 
halibut PSC limits and would amend Appendix A to note the revisions 
that Amendment 111 would make to the halibut PSC limits adopted under 
Amendment 80 to the FMP (72 FR 52668, September 14, 2007).
    NMFS is soliciting public comments on proposed Amendment 111 
through the end of the comment period (see DATES). NMFS intends to 
publish in the Federal Register and seek public comment on a proposed 
rule that would implement Amendment 111, following NMFS' evaluation of 
the proposed rule under the Magnuson-Stevens Act. All comments received 
by the end of the comment period on Amendment 111, whether specifically 
directed to the FMP amendment or the proposed rule, will be considered 
in the approval/disapproval decision on Amendment 111. Comments 
received after that date may not be considered in the approval/
disapproval decision on Amendment 111. To be certain of consideration, 
comments must be received, not just postmarked or otherwise 
transmitted, by the last day of the comment period.

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

    Dated: October 26, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-27608 Filed 10-28-15; 8:45 am]
 BILLING CODE 3510-22-P

66486 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Proposed Rules under sections 954 and 956 of the ACTION: Notice of availability of Electronic copies of Amendment 111 Internal Revenue Code. amendment to fishery management to the FMP, the Environmental plan; request for comments. Assessment/Regulatory Impact Review/ Need for Correction Initial Regulatory Flexibility Analysis As published, the notice of proposed SUMMARY: The North Pacific Fishery prepared for this action, and the Finding rulemaking (REG–155164–09) contains Management Council (Council) has of No Significant Impact (FONSI) errors that are misleading and are in submitted Amendment 111 to the prepared for this action may be obtained need of clarification. Fishery Management Plan for from http://www.regulations.gov or from Groundfish of the Bering Sea and the Alaska Region Web site at http:// Correction to Publication Aleutian Islands Management Area www.alaskafisheries/noaa.gov. Accordingly, the notice of proposed (FMP) to the Secretary of Commerce FOR FURTHER INFORMATION CONTACT: rulemaking, that is the subject of FR (Secretary) for review. Amendment 111 Mary Alice McKeen, 907–586–7228. Doc. 2015–21572, is corrected as to the FMP would reduce bycatch SUPPLEMENTARY INFORMATION: The follows: limits, also known as Prohibited Species Catch (PSC) limits, by specific amounts Council has submitted Amendment 111 ■ 1. On page 53059, in the preamble, to the FMP to the Secretary for review. in four groundfish sectors: the third column, sixth line of the second If approved, Amendment 111 would Amendment 80 sector (non-pollock full paragraph, the language ‘‘in Part I.B reduce bycatch limits, also known as trawl catcher/processors); the BSAI of this preamble for’’ is corrected to read prohibited species catch (PSC) limits, of trawl limited access sector (all non- ‘‘in Part 1.B of this preamble for’’. Pacific halibut in the Bering Sea Amendment 80 trawl fishery ■ 2. On page 53061, in the preamble, Aleutian Islands (BSAI) groundfish participants); the BSAI non-trawl sector third column, fourth line from the top fisheries by specific amounts in four (primarily hook-and-line catcher/ of the column, the language groundfish sectors: the Amendment 80 processors); and the Western Alaska ‘‘determined under § 1.956–4(b).’’ is sector; the BSAI trawl limited access; Community Development Quota corrected to read ‘‘determined under the BSAI non-trawl sector; and the CDQ Program (CDQ Program, also referred to proposed § 1.956–4(b).’’. sector. Amendment 111 is necessary to as the CDQ sector). This action is intended to promote the goals and minimize halibut bycatch in the BSAI § 1.956–4 [Corrected] objectives of the Magnuson-Stevens groundfish fisheries to the extent ■ 3. On page 53067, third column, practicable and to achieve, on a second line of paragraph (c)(4) Example Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, continuing basis, optimum yield from 2. (i), the language ‘‘same as in the BSAI groundfish fisheries. paragraph (i) of Example 1, except’’ is and other applicable laws. Amendment 111 is intended to promote corrected to read ‘‘same as in Example DATES: Submit comments on or before the goals and objectives of the 1, except’’. December 28, 2015. Magnuson-Stevens Act, the FMP, and ■ 4. On page 53068, paragraph (f), ADDRESSES: You may submit comments other applicable laws. remove the language ‘‘[DATE OF on this document, identified by NOAA– The Magnuson-Stevens Act requires PUBLICATION OF FINAL RULE]’’ and NMFS–2015–0092, by any one of the that each regional fishery management add the language ‘‘the date of following methods: council submit any fishery management publication in the Federal Register of • Electronic Submission: Submit all plan amendment it prepares to NMFS the Treasury Decision adopting this rule electronic public comments via the for review and approval, disapproval, or as a final regulation’’ wherever it Federal e-Rulemaking portal. Go to partial approval by the Secretary. The appears. www.regulations.gov/ Magnuson-Stevens Act also requires #!docketDetail;D=NOAA-NMFS-2015- that NMFS, upon receiving a fishery Martin V. Franks, 0092, click the ‘‘Comment Now!’’ icon, management plan amendment, Chief, Publications and Regulations Branch, complete the required fields, and enter Legal Processing Division, Associate Chief immediately publish a document in the Counsel (Procedure and Administration). or attach your comments. Federal Register announcing that the • Mail: Address written comments to amendment is available for public [FR Doc. 2015–27601 Filed 10–28–15; 8:45 am] Glenn Merrill, Assistant Regional review and comment. This document BILLING CODE 4830–01–P Administrator, Sustainable Fisheries announces that proposed Amendment Division, Alaska Region NMFS, Attn: 111 to the FMP is available for public Ellen Sebastian. Mail comments to P.O. review and comment. Box 21668, Juneau, AK 99802. If approved, Amendment 111 would DEPARTMENT OF COMMERCE Instructions: Comments sent by any reduce the halibut PSC limits for the National Oceanic and Atmospheric other method, to any other address or Amendment 80 sector by 25 percent, Administration individual, or received after the end of from 2,325 mt to 1,745 mt; for the BSAI the comment period, may not be trawl limited access fisheries by 15 50 CFR Part 679 considered. All comments received are percent, from 875 mt to 745 mt.; for the a part of the public record and will BSAI non-trawl sector, by 15 percent, generally be posted for public viewing from 833 mt to 710 mt.; and for the CDQ RIN 0648–BF29 on http://www.regulations.gov without sector by 20 percent, from 393 mt to 315 Fisheries of the Exclusive Economic change. All personal identifying mt. rmajette on DSK7SPTVN1PROD with PROPOSALS Zone Off Alaska; Bering Sea and information (e.g., name, address) In submitting Amendment 111 to the Aleutian Islands Management Area; confidential business information, or Secretary, the Council and NMFS Amendment 111 otherwise sensitive information considered all the National Standards in voluntarily submitted by the commenter section 301 of the Magnuson-Stevens AGENCY: National Marine Fisheries will be publicly accessible. NMFS will Act, but four national standards figured Service (NMFS), National Oceanic and accept anonymous comments (enter N/ prominently in their consideration of Atmospheric Administration (NOAA), A in the required fields, if you wish to Amendment 111: National Standard 1, Commerce. remain anonymous). National Standard 4, National Standard VerDate Sep<11>2014 13:15 Oct 28, 2015 Jkt 238001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1

Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Proposed Rules 66487 8, and National Standard 9. Amendment halibut PSC limit for the Amendment 80 would make two minor revisions to 111 would minimize halibut bycatch to sector. Within the Amendment 80 Table ES–2 to include the revised the extent practicable, consistent with sector, the halibut PSC limit is divided halibut PSC limits and would amend National Standard 9, while achieving, annually between Amendment 80 Appendix A to note the revisions that on a continuing basis, optimum yield cooperatives and the Amendment 80 Amendment 111 would make to the from the BSAI groundfish fisheries, limited access fishery, which consists of halibut PSC limits adopted under consistent with National Standard 1. vessels that choose that year to fish Amendment 80 to the FMP (72 FR Amendment 111 does not discriminate outside of an Amendment 80 52668, September 14, 2007). between residents of different states and cooperative. In the current regulation, NMFS is soliciting public comments assigns allocations of halibut PSC limits any halibut PSC that is not assigned to on proposed Amendment 111 through in manner that is fair and equitable an Amendment 80 cooperative is the end of the comment period (see consistent with National Standard 4. assigned to the Amendment 80 limited DATES). NMFS intends to publish in the Amendment 111 takes into account the access fishery. Under Amendment 111, Federal Register and seek public impact of its provisions on fishing if any Amendment 80 vessels fish in the comment on a proposed rule that would communities in order to provide for the Amendment 80 limited access fishery, implement Amendment 111, following sustained participation of those NMFS would reduce the halibut PSC in NMFS’ evaluation of the proposed rule communities and, to the extent the Amendment 80 limited access under the Magnuson-Stevens Act. All practicable, to minimize adverse fishery for that year by 20 percent comments received by the end of the economic impacts on such compared to the PSC amount that NMFS comment period on Amendment 111, communities, consistent with National would have allocated to cooperatives for Standard 8. Amendment 111 may that year if those vessels had fished whether specifically directed to the provide additional opportunities for through cooperatives. FMP amendment or the proposed rule, directed commercial halibut fishing, if Amendment 111 would amend will be considered in the approval/ the International Pacific Halibut Section 3.6.2.1.4 of the FMP to specify disapproval decision on Amendment Commission increases the commercial the BSAI halibut PSC limits for the four 111. Comments received after that date catch limit for the directed halibut groundfish sectors; amend Section may not be considered in the approval/ fishery in response to this action. 3.7.4.6 of the FMP and specify a disapproval decision on Amendment In addition to reducing the BSAI separate PSC limit for the CDQ sector; 111. To be certain of consideration, halibut PSC limits, Amendment 111 amend Section 3.7.5.2 so that it would comments must be received, not just would change two features of current establish the halibut PSC limit for the postmarked or otherwise transmitted, by halibut PSC management. First, Amendment 80 sector as 1,745 mt and the last day of the comment period. Amendment 111 would establish the the halibut PSC limit for the BSAI trawl Authority: 16 U.S.C. 1801 et seq. PSC limit for the CDQ sector as a limited access sector as 745 mt; and Dated: October 26, 2015. separate limit. Under current FMP amend Section 3.7.5.2 so that it provisions, the PSC limit for the CDQ establishes an additional 20 percent Emily H. Menashes, sector is taken partly from the overall reduction in the halibut PSC limit for Acting Director, Office of Sustainable trawl PSC limit and the overall non- the Amendment 80 vessels that Fisheries, National Marine Fisheries Service. trawl PSC limit. Second, Amendment participate in the Amendment 80 [FR Doc. 2015–27608 Filed 10–28–15; 8:45 am] 111 would change a feature of the limited access fishery. Amendment 111 BILLING CODE 3510–22–P rmajette on DSK7SPTVN1PROD with PROPOSALS VerDate Sep<11>2014 13:15 Oct 28, 2015 Jkt 238001 PO 00000 Frm 00007 Fmt 4702 Sfmt 9990 E:\FR\FM\29OCP1.SGM 29OCP1


Document Created: 2015-12-14 15:21:28
Document Modified: 2015-12-14 15:21:28
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 of availability of amendment to fishery management plan; request for comments.
DatesSubmit comments on or before December 28, 2015.
ContactMary Alice McKeen, 907-586-7228.
FR Citation80 FR 66486 
RIN Number0648-BF29
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