81_FR_33558 81 FR 33456 - Fisheries of the Exclusive Economic Zone Off Alaska; Chinook Salmon Bycatch Management in the Gulf of Alaska Trawl Fisheries; Amendment 103

81 FR 33456 - Fisheries of the Exclusive Economic Zone Off Alaska; Chinook Salmon Bycatch Management in the Gulf of Alaska Trawl Fisheries; Amendment 103

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 102 (May 26, 2016)

Page Range33456-33458
FR Document2016-12467

The North Pacific Fishery Management Council has submitted Amendment 103 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). If approved, Amendment 103 would allow NMFS to reapportion unused Chinook salmon prohibited species catch (PSC) within and among specific trawl sectors in the Central and Western Gulf of Alaska (GOA), based on specific criteria and within specified limits. Amendment 103 would not increase the current combined annual PSC limit of 32,500 Chinook salmon that applies to Central and Western GOA trawl sectors under the FMP. Amendment 103 would provide for more flexible management of GOA trawl Chinook salmon PSC, increase the likelihood that groundfish resources are more fully harvested, reduce the potential for fishery closures, and maintain overall Chinook salmon PSC use in the Central and Western GOA within limits established under the FMP. Amendment 103 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

Federal Register, Volume 81 Issue 102 (Thursday, May 26, 2016) 
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Proposed Rules]
[Pages 33456-33458]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12467]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BF84


Fisheries of the Exclusive Economic Zone Off Alaska; Chinook 
Salmon Bycatch Management in the Gulf of Alaska Trawl Fisheries; 
Amendment 103

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

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

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SUMMARY: The North Pacific Fishery Management Council has submitted 
Amendment 103 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (FMP). If approved, Amendment 103 would allow NMFS to 
reapportion unused Chinook salmon prohibited species catch (PSC) within 
and among specific trawl sectors in the Central and Western Gulf of 
Alaska (GOA), based on specific criteria and within specified limits. 
Amendment 103 would not increase the current combined annual PSC limit 
of 32,500 Chinook salmon that applies to Central and Western GOA trawl 
sectors under the FMP. Amendment 103 would provide for more flexible 
management of GOA trawl Chinook salmon PSC, increase the likelihood 
that groundfish resources are more fully harvested, reduce the 
potential for fishery closures, and maintain overall Chinook salmon PSC 
use in the Central and Western GOA within limits established under the 
FMP. Amendment 103 is intended to promote the goals and objectives of 
the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, 
and other applicable laws.

DATES: Comments on the amendment must be received on or before July 25, 
2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0023 by either of the following methods:

[[Page 33457]]

     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0023, 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).
    Electronic copies of the Regulatory Impact Review/Initial 
Regulatory Flexibility Analysis (collectively, Analysis) prepared for 
this action are available from http://www.regulations.gov or from the 
NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Jeff Hartman, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
Exclusive Economic Zone (EEZ) of the GOA under the FMP. The North 
Pacific Fishery Management Council (Council) prepared the FMP under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) (16 U.S.C. 1801, et seq.). Regulations implementing the 
FMP appear at 50 CFR 679.
    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 of Commerce. The Magnuson-Stevens Act also 
requires that NMFS, upon receiving a fishery management plan amendment, 
immediately publish a notice in the Federal Register announcing that 
the amendment is available for public review and comment. This notice 
announces that proposed Amendment 103 to the FMP is available for 
public review and comment.
    Amendment 103 would apply to federally permitted vessels fishing 
for pollock and non-pollock groundfish (non-pollock trawl fisheries) 
with trawl gear in the Central and Western Reporting Areas of the GOA 
(Central and Western GOA). The Western and Central Reporting Areas, 
defined at Sec.  679.2 and shown in Figure 3 to 50 CFR part 679, 
consist of the Central and Western Regulatory Areas in the EEZ 
(Statistical Areas 610, 620, and 630) and the adjacent waters of the 
State of Alaska (0 to 3 nm).
    The Council designated Pacific salmon and several other species 
(Pacific halibut Pacific herring, steelhead trout, king crab, and 
Tanner crab) as prohibited species in the Gulf of Alaska (Section 3.6.1 
of the FMP). Prohibited species catch are species taken incidentally in 
the groundfish trawl fisheries designated ``prohibited species'' 
because they are targets of other, fully utilized domestic fisheries. 
If approved, Amendment 103 would (1) establish the authority for NMFS 
to reapportion a limited amount of unused Chinook salmon PSC among 
Central and Western GOA trawl catcher vessel (CV) sectors and from the 
Trawl catcher/processor (C/P) sector to trawl CV sectors; (2) exclude 
the Trawl C/P sector from receiving a reapportionment of Chinook salmon 
PSC from any other sector; and (3) provide additional flexibility to 
adjust fall reapportionments of Chinook salmon PSC from the current 
mandatory sector reapportionments.
    NMFS has implemented two FMP amendments to limit Chinook salmon 
bycatch in the GOA trawl fisheries to an annual aggregate amount of 
32,500 Chinook salmon PSC. In August 2012, NMFS implemented Amendment 
93 to the FMP to establish separate Chinook salmon PSC limits for the 
directed pollock trawl fisheries in the Central GOA and Western GOA (77 
FR 42629, July 20, 2012). These limits require NMFS to close the 
directed pollock fishery in the Central GOA or Western GOA if the 
applicable PSC limit is reached. Since Amendment 93 was implemented, 
the directed pollock fishery has not been closed due to reaching a 
Chinook salmon PSC limit, and in some years nearly half of the annual 
Central or Western GOA PSC limit is unused.
    In January 2015, NMFS implemented Amendment 97 to the FMP (79 FR 
71350, December 2, 2014) to establish Chinook salmon PSC limits for 
non-pollock trawl fisheries in the Central and Western GOA. Non-pollock 
trawl fisheries in the Central and Western GOA include fisheries for 
sablefish, several rockfish species, arrowtooth flounder, Pacific cod, 
shallow-water flatfish, rex sole, flathead sole, deep-water flatfish, 
and other groundfish except pollock. Many of the non-pollock trawl 
fisheries are multi-species fisheries, in that vessels catch and retain 
multiple groundfish species in a single fishing trip. Any of these non-
pollock trawl fisheries may be closed when the applicable Chinook 
salmon PSC limit is reached.
    Amendment 97 established separate annual Chinook salmon PSC limits 
for three non-pollock trawl sectors: 3,600 Chinook salmon for the Trawl 
C/P sector; 1,200 Chinook salmon for the Rockfish Program CV sector; 
and 2,700 Chinook salmon for the Non-Rockfish Program CV sector. 
Amendment 97 implemented a seasonal limit on Chinook salmon PSC for the 
Trawl C/P sector, an October and November reapportionment of Chinook 
salmon PSC between Rockfish Program and Non-Rockfish Program CV 
sectors, and an ``incentive buffer.'' The incentive buffer for the 
Trawl C/P and Non-Rockfish Program CV sectors allows each sector to 
increase its annual Chinook salmon PSC limit if the amount of Chinook 
salmon PSC taken in the sector in the previous year is less than a 
specified amount of the sector's limit.
    In December 2015, the Council proposed Amendment 103 to allow more 
flexible reapportionments of unused Chinook salmon PSC. Amendment 103 
would amend Section 3.6.2.2 and add Section 3.6.2.2.1 of the FMP, and 
make minor editorial revisions to the Table of Contents, the Executive 
Summary, and Appendix A of the FMP to list and describe Amendment 103.
    Amendment 103 would amend Table ES-2, Prohibited Species Catch 
(PSC) Limits, by adding the authority for NMFS to reapportion unused 
Chinook salmon PSC among Central and Western GOA trawl CV sectors and 
from the Trawl C/P sector to trawl CV sectors. Amendment 103 would add 
Section 3.6.2.2.1 to specify the maximum amount of unused Chinook 
salmon PSC that NMFS may reapportion from any pollock fishery or non-
pollock trawl sector PSC limit to catcher vessels participating in the 
directed pollock fishery and non-pollock trawl catcher vessel sectors. 
Amendment 103 would amend Section 3.6.2.2 of the FMP to provide NMFS 
(the Regional Administrator of NMFS) discretion to annually reapportion 
the amount that is in excess of 150 Chinook salmon that currently must 
be reapportioned from the Rockfish Program CV sector to the Non-
Rockfish Program CV sector, or the

[[Page 33458]]

amount that may be apportioned from and to these same two sectors after 
November 15.
    Amendment 103 would limit the amount of Chinook salmon PSC that may 
be received by a fishery or sector to 50 percent of that sector's 
annual Chinook salmon PSC limit. As such, reapportionments of unused 
Chinook salmon PSC would be limited to the following amounts:
     3,342 Chinook salmon to the Western GOA pollock sector;
     9,158 Chinook salmon to the Central GOA pollock sector;
     600 Chinook salmon to the Rockfish Program CV sector;
     1,350 Chinook salmon to the Non-Rockfish Program CV 
sector; or
     No Chinook salmon to the Trawl C/P sector
    Amendment 103 would also increase NMFS' flexibility to reapportion 
the October and November Chinook salmon PSC from the Rockfish Program 
CV sector to the Non-Rockfish Program CV sector. If more than 150 
Chinook salmon PSC are available to the Rockfish Program CV sector on 
October 1, NMFS would be authorized to reapportion Chinook salmon PSC 
to the Non-Rockfish Program CV sector as long as at least 150 Chinook 
salmon PSC remains available to the Rockfish Program CV sector on that 
date. Amendment 103 also provides that on November 15, NMFS may 
reapportion to the Non-Rockfish Program CV sector, any Chinook salmon 
PSC that remains available to the Rockfish Program CV sector on that 
date.
    The Council recommended Amendment 103 because flexibility to 
reapportionment has been a successful tool for managing allocations and 
PSC limits in other fisheries. The Analysis for Amendment 103 indicates 
that allowing NMFS to reapportion the above listed amounts of Chinook 
salmon PSC among the GOA pollock and non-pollock fisheries could 
prevent or limit fishery closures. Amendment 103 would (1) increase the 
likelihood that groundfish resources will be more fully harvested; (2) 
minimize adverse socioeconomic impacts of fishery closures on 
groundfish harvesters, processors and communities; (3) ensure that the 
GOA trawl fisheries stay within existing PSC limits implemented by 
Amendments 93 and 97; and (4) balance competing interests of the 
National Standards.
    Amendment 103 would improve the opportunities for NMFS to make 
unused Chinook salmon PSC available to a fishery or sector based on 
need and availability. The additional opportunity may prevent sectors 
from reaching their respective Chinook salmon PSC limits and therefore 
reduce fishery closures. Because there is a lower probability of a 
closure, there is greater chance of harvesting the TAC and reducing the 
frequency of adverse socioeconomic effects of fishery closures. The 
reliable supply of groundfish may decrease the likelihood that 
harvesters, processors, and communities are adversely affected by 
fishery closures.
    Amendment 103 minimizes bycatch to the extent practicable because 
it (1) does not authorize any increase to the current combined annual 
PSC limit of 32,500 Chinook salmon; (2) provides a continuing incentive 
for participants in the trawl fisheries to minimize bycatch of Chinook 
PSC because it would be uncertain whether or when NMFS would 
reapportion Chinook salmon PSC; and (3) does not alter the incentives 
under Amendment 97 (such as the annual incentive buffer) that encourage 
non-pollock trawl sectors to minimize Chinook salmon PSC use.
    NMFS is soliciting public comments on proposed Amendment 103 
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 implements Amendment 103 following NMFS' evaluation of the 
proposed rule under the Magnuson-Stevens Act. NMFS will consider all 
comments received by the end of the comment period on Amendment 103, 
whether specifically directed to the FMP amendment or the proposed 
rule, in the FMP amendment approval/disapproval decision. NMFS will not 
consider comments received after the date in the approval/disapproval 
decision on the amendment. To be considered, comments must be received, 
not just postmarked or otherwise transmitted, by the close of business 
on the last day of the comment period.

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

    Dated: May 23, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12467 Filed 5-25-16; 8:45 am]
 BILLING CODE 3510-22-P

33456 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules action are the vessels that fish for The revenue derived from harvesting Dated: May 19, 2016. Pacific sardine as part of the West Coast Pacific sardine is typically only one Samuel D. Rauch III, CPS small purse seine fleet. As stated source of fishing revenue for many of Deputy Assistant Administrator for above, the U.S. Small Business the vessels that harvest Pacific sardine; Regulatory Programs, National Marine Administration now defines small as a result, the economic impact to the Fisheries Service. businesses engaged in finfish fishing as fleet from the proposed action cannot be [FR Doc. 2016–12228 Filed 5–25–16; 8:45 am] those vessels with annual revenues of viewed in isolation. From year to year, BILLING CODE 3510–22–P $20.5 million or less. Under the former, depending on market conditions and lower standards, all entities subject to availability of fish, most CPS/sardine this action in previous years were vessels supplement their income by DEPARTMENT OF COMMERCE considered small entities, and under the harvesting other species. Many vessels new standards they continue to be in California also harvest anchovy, National Oceanic and Atmospheric considered small. In 2015, there were mackerel, and in particular squid, Administration approximately 81 vessels permitted to making Pacific sardine only one operate in the directed sardine fishery component of a multi-species CPS 50 CFR Part 679 component of the CPS fishery off the fishery. Additionally, some sardine RIN 0648–BF84 U.S. West Coast; 58 vessels in the vessels that operate off of Oregon and Federal CPS limited entry fishery off Washington also fish for salmon in Fisheries of the Exclusive Economic California (south of 39 N. lat.), and a Alaska or squid in California during Zone Off Alaska; Chinook Salmon combined 23 vessels in Oregon and times of the year when sardine are not Bycatch Management in the Gulf of Washington’s state Pacific sardine available. The purpose of the proposed Alaska Trawl Fisheries; Amendment fisheries. The total ex-vessel revenue incidental allowances under this action 103 from the harvest of CPS finfish in 2015 are to ensure the vessels impacted by was approximately $4.7 million, making this sardine action can still access these AGENCY: National Marine Fisheries the average annual per vessel revenue in other profitable fisheries while still Service (NMFS), National Oceanic and 2015 for the West Coast CPS finfish fleet limiting the harvest of sardine. These Atmospheric Administration (NOAA), well below $20.5 million; therefore, all proposed incidental allowances are Commerce. of these vessels are considered small similar to those implemented last year ACTION: Notice of availability of fishery businesses under the RFA. Because each and should not restrict access to those management plan amendment; request affected vessel is a small business, this other fisheries. for comments. proposed rule has an equal effect on all CPS vessels typically rely on multiple of these small entities and will impact species for profitability because SUMMARY: The North Pacific Fishery a substantial number of these small abundance of sardine, like the other CPS Management Council has submitted entities in the same manner. Therefore, stocks, is highly associated with ocean Amendment 103 to the Fishery this rule would not create conditions and seasonality, and Management Plan for Groundfish of the disproportionate costs between small therefore are harvested at various times Gulf of Alaska (FMP). If approved, and large vessels/businesses. and areas throughout the year. Because Amendment 103 would allow NMFS to The CPS FMP and its implementing each species responds to ocean reapportion unused Chinook salmon regulations require NMFS to annually conditions in its own way, not all CPS prohibited species catch (PSC) within set an OFL, ABC, ACL and HG or ACT stocks are likely to be abundant at the and among specific trawl sectors in the for the Pacific sardine fishery based on same time; therefore, as abundance Central and Western Gulf of Alaska the specified harvest control rules in the levels and markets fluctuate, it has (GOA), based on specific criteria and FMP applied to the current stock necessitated that the CPS fishery as a within specified limits. Amendment 103 biomass estimate for that year. The whole rely on a group of species for its would not increase the current derived annual HG is the level typically annual revenues. combined annual PSC limit of 32,500 used to manage the principal Pursuant to the Regulatory Flexibility Chinook salmon that applies to Central commercial sardine fishery and is the Act and the SBA’s June 20, 2013, and and Western GOA trawl sectors under harvest level typically used by NMFS June 14, 2014, final rules (78 FR 37398 the FMP. Amendment 103 would for profitability analysis each year. As and 79 FR 33647, respectively), this provide for more flexible management stated above, the FMP dictates that certification was developed for this of GOA trawl Chinook salmon PSC, when the estimated biomass drops action using the SBA’s revised size increase the likelihood that groundfish below a certain level (150,000 mt) there standards. NMFS considers all entities resources are more fully harvested, is no HG. Therefore, for the purposes of subject to this action to be small entities reduce the potential for fishery closures, profitability analysis, this action is as defined by both the former, lower and maintain overall Chinook salmon essentially proposing an HG of zero for size standards and the revised size PSC use in the Central and Western the 2016–2017 Pacific sardine fishing standards. Based on the GOA within limits established under season (July 1, 2016 through June 30, disproportionality and profitability the FMP. Amendment 103 is intended 2017). The estimated biomass used for analysis above, the proposed action, if to promote the goals and objectives of management during the preceding adopted, will not have a significant the Magnuson-Stevens Fishery fishing year (2015–2016) was also below economic impact on a substantial Conservation and Management Act, the jstallworth on DSK7TPTVN1PROD with PROPOSALS 150,000 mt, therefore NMFS did not number of small entities. As a result, an FMP, and other applicable laws. implement a HG, thereby disallowing a Initial Regulatory Flexibility Analysis is DATES: Comments on the amendment commercial directed sardine fishery. not required, and none has been must be received on or before July 25, Since there is again no directed fishing prepared. 2016. for the 2016–2017 fishing year, this This action does not contain a ADDRESSES: You may submit comments proposed rule will not change the collection-of-information requirement on this document, identified by NOAA– potential profitability as compared to for purposes of the Paper Reduction Act. NMFS–2016–0023 by either of the the previous fishing year. Authority: 16 U.S.C. 1801 et seq. following methods: VerDate Sep<11>2014 15:09 May 25, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\26MYP1.SGM 26MYP1

Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules 33457 • Electronic Submission: Submit all Amendment 103 would apply to several rockfish species, arrowtooth electronic public comments via the federally permitted vessels fishing for flounder, Pacific cod, shallow-water Federal e-Rulemaking Portal. Go to pollock and non-pollock groundfish flatfish, rex sole, flathead sole, deep- www.regulations.gov/ (non-pollock trawl fisheries) with trawl water flatfish, and other groundfish #!docketDetail;D=NOAA-NMFS-2016- gear in the Central and Western except pollock. Many of the non-pollock 0023, click the ‘‘Comment Now!’’ icon, Reporting Areas of the GOA (Central trawl fisheries are multi-species complete the required fields, and enter and Western GOA). The Western and fisheries, in that vessels catch and retain or attach your comments. Central Reporting Areas, defined at multiple groundfish species in a single • Mail: Submit written comments to § 679.2 and shown in Figure 3 to 50 CFR fishing trip. Any of these non-pollock Glenn Merrill, Assistant Regional part 679, consist of the Central and trawl fisheries may be closed when the Administrator, Sustainable Fisheries Western Regulatory Areas in the EEZ applicable Chinook salmon PSC limit is Division, Alaska Region NMFS, Attn: (Statistical Areas 610, 620, and 630) and reached. Ellen Sebastian. Mail comments to P.O. the adjacent waters of the State of Amendment 97 established separate Box 21668, Juneau, AK 99802–1668. Alaska (0 to 3 nm). annual Chinook salmon PSC limits for Instructions: Comments sent by any The Council designated Pacific three non-pollock trawl sectors: 3,600 other method, to any other address or salmon and several other species Chinook salmon for the Trawl C/P individual, or received after the end of (Pacific halibut Pacific herring, sector; 1,200 Chinook salmon for the the comment period, may not be steelhead trout, king crab, and Tanner Rockfish Program CV sector; and 2,700 considered by NMFS. All comments crab) as prohibited species in the Gulf Chinook salmon for the Non-Rockfish received are a part of the public record of Alaska (Section 3.6.1 of the FMP). Program CV sector. Amendment 97 and will generally be posted for public Prohibited species catch are species implemented a seasonal limit on viewing on www.regulations.gov taken incidentally in the groundfish Chinook salmon PSC for the Trawl C/P without change. All personal identifying trawl fisheries designated ‘‘prohibited sector, an October and November information (e.g., name, address), species’’ because they are targets of reapportionment of Chinook salmon confidential business information, or other, fully utilized domestic fisheries. PSC between Rockfish Program and otherwise sensitive information If approved, Amendment 103 would (1) Non-Rockfish Program CV sectors, and submitted voluntarily by the sender will establish the authority for NMFS to an ‘‘incentive buffer.’’ The incentive be publicly accessible. NMFS will reapportion a limited amount of unused buffer for the Trawl C/P and Non- accept anonymous comments (enter ‘‘N/ Chinook salmon PSC among Central and Rockfish Program CV sectors allows A’’ in the required fields if you wish to Western GOA trawl catcher vessel (CV) each sector to increase its annual remain anonymous). sectors and from the Trawl catcher/ Chinook salmon PSC limit if the amount Electronic copies of the Regulatory processor (C/P) sector to trawl CV of Chinook salmon PSC taken in the Impact Review/Initial Regulatory sectors; (2) exclude the Trawl C/P sector sector in the previous year is less than Flexibility Analysis (collectively, from receiving a reapportionment of a specified amount of the sector’s limit. Analysis) prepared for this action are Chinook salmon PSC from any other In December 2015, the Council available from http:// sector; and (3) provide additional proposed Amendment 103 to allow www.regulations.gov or from the NMFS flexibility to adjust fall more flexible reapportionments of Alaska Region Web site at http:// reapportionments of Chinook salmon unused Chinook salmon PSC. alaskafisheries.noaa.gov. PSC from the current mandatory sector Amendment 103 would amend Section reapportionments. 3.6.2.2 and add Section 3.6.2.2.1 of the FOR FURTHER INFORMATION CONTACT: Jeff NMFS has implemented two FMP FMP, and make minor editorial Hartman, 907–586–7228. amendments to limit Chinook salmon revisions to the Table of Contents, the SUPPLEMENTARY INFORMATION: NMFS bycatch in the GOA trawl fisheries to an Executive Summary, and Appendix A of manages the groundfish fisheries in the annual aggregate amount of 32,500 the FMP to list and describe Exclusive Economic Zone (EEZ) of the Chinook salmon PSC. In August 2012, Amendment 103. GOA under the FMP. The North Pacific NMFS implemented Amendment 93 to Amendment 103 would amend Table Fishery Management Council (Council) the FMP to establish separate Chinook ES–2, Prohibited Species Catch (PSC) prepared the FMP under the Magnuson- salmon PSC limits for the directed Limits, by adding the authority for Stevens Fishery Conservation and pollock trawl fisheries in the Central NMFS to reapportion unused Chinook Management Act (Magnuson-Stevens GOA and Western GOA (77 FR 42629, salmon PSC among Central and Western Act) (16 U.S.C. 1801, et seq.). July 20, 2012). These limits require GOA trawl CV sectors and from the Regulations implementing the FMP NMFS to close the directed pollock Trawl C/P sector to trawl CV sectors. appear at 50 CFR 679. fishery in the Central GOA or Western Amendment 103 would add Section The Magnuson-Stevens Act requires GOA if the applicable PSC limit is 3.6.2.2.1 to specify the maximum that each regional fishery management reached. Since Amendment 93 was amount of unused Chinook salmon PSC council submit any fishery management implemented, the directed pollock that NMFS may reapportion from any plan amendment it prepares to NMFS fishery has not been closed due to pollock fishery or non-pollock trawl for review and approval, disapproval, or reaching a Chinook salmon PSC limit, sector PSC limit to catcher vessels partial approval by the Secretary of and in some years nearly half of the participating in the directed pollock Commerce. The Magnuson-Stevens Act annual Central or Western GOA PSC fishery and non-pollock trawl catcher also requires that NMFS, upon receiving limit is unused. vessel sectors. Amendment 103 would jstallworth on DSK7TPTVN1PROD with PROPOSALS a fishery management plan amendment, In January 2015, NMFS implemented amend Section 3.6.2.2 of the FMP to immediately publish a notice in the Amendment 97 to the FMP (79 FR provide NMFS (the Regional Federal Register announcing that the 71350, December 2, 2014) to establish Administrator of NMFS) discretion to amendment is available for public Chinook salmon PSC limits for non- annually reapportion the amount that is review and comment. This notice pollock trawl fisheries in the Central in excess of 150 Chinook salmon that announces that proposed Amendment and Western GOA. Non-pollock trawl currently must be reapportioned from 103 to the FMP is available for public fisheries in the Central and Western the Rockfish Program CV sector to the review and comment. GOA include fisheries for sablefish, Non-Rockfish Program CV sector, or the VerDate Sep<11>2014 15:09 May 25, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\26MYP1.SGM 26MYP1

33458 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules amount that may be apportioned from reapportionment has been a successful continuing incentive for participants in and to these same two sectors after tool for managing allocations and PSC the trawl fisheries to minimize bycatch November 15. limits in other fisheries. The Analysis of Chinook PSC because it would be Amendment 103 would limit the for Amendment 103 indicates that uncertain whether or when NMFS amount of Chinook salmon PSC that allowing NMFS to reapportion the would reapportion Chinook salmon may be received by a fishery or sector above listed amounts of Chinook salmon PSC; and (3) does not alter the to 50 percent of that sector’s annual PSC among the GOA pollock and non- incentives under Amendment 97 (such Chinook salmon PSC limit. As such, pollock fisheries could prevent or limit as the annual incentive buffer) that reapportionments of unused Chinook fishery closures. Amendment 103 would encourage non-pollock trawl sectors to salmon PSC would be limited to the (1) increase the likelihood that minimize Chinook salmon PSC use. following amounts: groundfish resources will be more fully • 3,342 Chinook salmon to the NMFS is soliciting public comments harvested; (2) minimize adverse Western GOA pollock sector; on proposed Amendment 103 through socioeconomic impacts of fishery • 9,158 Chinook salmon to the closures on groundfish harvesters, the end of the comment period (see Central GOA pollock sector; DATES). NMFS intends to publish in the processors and communities; (3) ensure • 600 Chinook salmon to the Rockfish that the GOA trawl fisheries stay within Federal Register and seek public Program CV sector; existing PSC limits implemented by comment on a proposed rule that • 1,350 Chinook salmon to the Non- implements Amendment 103 following Amendments 93 and 97; and (4) balance Rockfish Program CV sector; or NMFS’ evaluation of the proposed rule • No Chinook salmon to the Trawl competing interests of the National Standards. under the Magnuson-Stevens Act. C/P sector NMFS will consider all comments Amendment 103 would also increase Amendment 103 would improve the opportunities for NMFS to make unused received by the end of the comment NMFS’ flexibility to reapportion the period on Amendment 103, whether October and November Chinook salmon Chinook salmon PSC available to a fishery or sector based on need and specifically directed to the FMP PSC from the Rockfish Program CV amendment or the proposed rule, in the sector to the Non-Rockfish Program CV availability. The additional opportunity may prevent sectors from reaching their FMP amendment approval/disapproval sector. If more than 150 Chinook salmon respective Chinook salmon PSC limits decision. NMFS will not consider PSC are available to the Rockfish and therefore reduce fishery closures. comments received after the date in the Program CV sector on October 1, NMFS Because there is a lower probability of approval/disapproval decision on the would be authorized to reapportion a closure, there is greater chance of amendment. To be considered, Chinook salmon PSC to the Non- Rockfish Program CV sector as long as harvesting the TAC and reducing the comments must be received, not just at least 150 Chinook salmon PSC frequency of adverse socioeconomic postmarked or otherwise transmitted, by remains available to the Rockfish effects of fishery closures. The reliable the close of business on the last day of Program CV sector on that date. supply of groundfish may decrease the the comment period. Amendment 103 also provides that on likelihood that harvesters, processors, Authority: 16 U.S.C. 1801 et seq. November 15, NMFS may reapportion to and communities are adversely affected Dated: May 23, 2016. the Non-Rockfish Program CV sector, by fishery closures. Amendment 103 minimizes bycatch Emily H. Menashes, any Chinook salmon PSC that remains available to the Rockfish Program CV to the extent practicable because it (1) Acting Director, Office of Sustainable sector on that date. does not authorize any increase to the Fisheries, National Marine Fisheries Service. The Council recommended current combined annual PSC limit of [FR Doc. 2016–12467 Filed 5–25–16; 8:45 am] Amendment 103 because flexibility to 32,500 Chinook salmon; (2) provides a BILLING CODE 3510–22–P jstallworth on DSK7TPTVN1PROD with PROPOSALS VerDate Sep<11>2014 15:09 May 25, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4702 Sfmt 9990 E:\FR\FM\26MYP1.SGM 26MYP1


Document Created: 2016-05-26 01:13:54
Document Modified: 2016-05-26 01:13:54
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 fishery management plan amendment; request for comments.
DatesComments on the amendment must be received on or before July 25, 2016.
ContactJeff Hartman, 907-586-7228.
FR Citation81 FR 33456 
RIN Number0648-BF84
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