81 FR 52394 - Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska Management Area; Amendment 101
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 152 (August 8, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 152 (August 8, 2016)
| Page Range | 52394-52396 | |
| FR Document | 2016-18745 |
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)] [Proposed Rules] [Pages 52394-52396] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18745] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648-BF42 Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska Management Area; Amendment 101 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. ----------------------------------------------------------------------- SUMMARY: The North Pacific Fishery Management Council has submitted Amendment 101 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) to the Secretary of Commerce for review. Amendment 101 to the FMP would authorize the use of longline pot gear in the sablefish individual fishing quota (IFQ) fishery in the Gulf of Alaska (GOA). Amendment 101 is necessary to improve efficiency and provide economic benefits for the sablefish IFQ fleet and minimize potential fishery interactions with whales and seabirds. Amendment 101 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws. DATES: Submit comments on or before October 7, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA- [[Page 52395]] NMFS-2015-0126, 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-2015-0126, 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. 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 101 to the FMP, the Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis prepared for this action (collectively, Analysis), and the Finding of No Significant Impact prepared for this action may be obtained from http://www.regulations.gov or from the NMFS Alaska Region Web site at http://www.alaskafisheries/noaa.gov. FOR FURTHER INFORMATION CONTACT: Rachel Baker, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the Exclusive Economic Zone 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 part 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 (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 101 to the FMP is available for public review and comment. Amendment 101 to the FMP would revise the IFQ Program for sablefish fisheries in the GOA. The IFQ Program for the fixed-gear commercial fisheries for sablefish and halibut in waters in and off Alaska is a limited access privilege program implemented in 1995 (58 FR 59375, November 9, 1993). The IFQ Program limits access to the sablefish and halibut fisheries to those persons holding quota share in specific management areas. The amount of halibut and sablefish that each quota share holder may harvest is calculated annually and is issued as IFQ in pounds. The IFQ Program for Pacific halibut is implemented under the authority of the Northern Pacific Halibut Act of 1982. The Council does not have a halibut fishery management plan. Amendment 101 would apply to catcher vessels and catcher/processors fishing for sablefish IFQ in the GOA. The sablefish regulatory areas defined for sablefish in the GOA are the Southeast Outside District of the GOA, West Yakutat District of the GOA, Central GOA, and Western GOA. The sablefish regulatory areas are defined and shown in Figure 14 to part 679. The FMP currently authorizes only longline gear for the GOA sablefish IFQ fishery. Longline gear includes hook-and-line, jig, troll, and handline gear. Fishery participants have used longline hook- and-line gear (hook-and-line gear) to harvest sablefish IFQ in the GOA because it is more efficient than jig, troll, or handline gear. However, various species of whales can remove or damage sablefish caught on hook-and-line gear (depredation). Depredation occurs with hook-and-line gear because sablefish are captured on hooks that lie on the ocean floor. Whales can completely remove or damage sablefish captured on these hooks before the gear is retrieved. Longline pot gear is an efficient gear and prevents depredation because whales cannot remove or damage sablefish enclosed in a pot. Longline pot gear was historically used to harvest sablefish in the GOA. However, under the open access management program race for fish that existed prior to the implementation of the IFQ Program, some vessel operators deployed hook-and-line gear, while other vessel operators deployed pot gear in the same fishing areas. This resulted in gear conflicts and loss of gear on the fishing grounds. The longline pot groundline is heavier and stronger than the groundline used to attach the series of hooks on hook-and-line gear. If longline pot gear is set over previously deployed hook-and-line gear, the weaker hook- and-line gear can be damaged or lost as it is being retrieved. The Council and NMFS have not received reports of gear conflicts between hook-and-line gear. In 1986, NMFS implemented a phased-in prohibition of pot gear in the GOA sablefish fishery (50 FR 43193, October 24, 1985) to minimize potential gear conflicts that occurred during the open access management fishery and prior to the implementation of the IFQ Program. Beginning in 2009, the Council and NMFS received reports from sablefish IFQ fisherman that depredation on hook-and-line gear was adversely impacting the sablefish IFQ fleet. Depredation can result in lost catch, additional time waiting for whales to leave fishing grounds before hauling gear, and additional time and fuel spent relocating gear to avoid whales. Depredation also has negative consequences for whales through increased risk of vessel strike, gear entanglement, and altered foraging strategies. While depredation events are difficult to observe because they take place on the ocean floor in deep water, fishery participants have testified to the Council that depredation continues to be a major cost to the GOA sablefish IFQ fishery, and appears to be occurring more frequently. Industry groups have tested a variety of methods to deter whales from preying on fish caught on hook-and-line gear, such as gear modifications and acoustic decoys, but these methods have not substantially reduced the problem of depredation in the GOA sablefish IFQ fishery. In April 2015, the Council recommended Amendment 101 to authorize longline pot gear for use in the sablefish IFQ fishery in the GOA. Amendment 101 would amend Sections 3.2.3.4.3.3.1, 3.4.1, 3.4.2, 3.6.2, 3.7.1.1, 3.7.1.7, and 4.1.2.3 of the FMP to authorize longline pot gear to harvest sablefish in the GOA sablefish IFQ fishery. Amendment 101 would make minor editorial revisions to the Executive Summary and Appendix A of the FMP to list and describe Amendment 101. Amendment 101 would authorize, but not require, a harvester to use longline pot gear in the GOA sablefish IFQ fishery. Providing fishermen with the opportunity to use longline pot gear would reduce the adverse impacts of depredation for fishermen who choose to use longline pot gear. [[Page 52396]] Amendment 101 is necessary to (1) improve efficiency in harvesting sablefish IFQ and reduce adverse economic impacts on harvesters that occur from depredation, and (2) reduce sablefish IFQ fishery interactions with whales and seabirds. Amendment 101 would reduce the adverse impacts of depredation for those harvesters who choose to switch to longline pot gear from hook- and-line gear. These harvesters would benefit from reduced operating costs and reduced fishing time needed to harvest sablefish IFQ. Amendment 101 would provide individual harvesters with the option to use longline pot gear if they determine it is appropriate for their fishing operation. Amendment 101 would reduce the associated risks to whales including vessel strikes, gear entanglement, and altered foraging strategies. The Analysis for Amendment 101 indicates that authorizing longline pot gear is expected to have a positive effect on killer whales and sperm whales from reduced interactions with fishing gear. In recommending Amendment 101, the Council recognized that pot gear had previously been authorized in the GOA sablefish fishery, but its use was prohibited prior to implementation of the IFQ Program due to conflicts between hook-and-line and pot gear on the fishing grounds. The Council and NMFS agree that authorizing longline pot gear in the GOA sablefish IFQ fishery under Amendment 101 is appropriate because the fishery is managed under the IFQ Program. The IFQ Program provides fishermen with substantially more flexibility on when and where to harvest sablefish compared to the open access management program prior to implementation of the IFQ Program. The IFQ Program makes it unlikely that hook-and-line and longline pot gear conflicts would occur or that fishing grounds would be preempted for extended periods in the same manner previously analyzed by the Council and NMFS. Amendment 101 would reduce fishing interactions with seabirds. Fishing interactions can result in direct mortality for seabirds if they become entangled in fishing gear or strike the vessel or fishing gear while flying. Hook-and-line gear has the greatest impact on seabirds relative to other fishing gear. Although seabird mortality in the GOA sablefish IFQ fishery makes up a very small portion of total estimated seabird mortality from fisheries in Alaska, the Analysis determined that Amendment 101 would reduce incidental catch of seabirds in the GOA sablefish IFQ fishery. Amendment 101 would provide vessel operators with the opportunity to use longline pot gear, which has a lower rate of incidental catch of seabirds than hook-and-line gear. NMFS is soliciting public comments on proposed Amendment 101 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 101 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 101, whether specifically directed to the FMP amendment or its implementing proposed rule, in the approval/disapproval decision on Amendment 101. NMFS will not consider comments received after that 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: August 3, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-18745 Filed 8-5-16; 8:45 am] BILLING CODE 3510-22-P
![52394 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Proposed Rules
EPA–HQ–OPPT–2016–0126, by one of submitting comments, go to the II. Extension of Comment Period for the
the following methods: SUPPLEMENTARY INFORMATION section of Section 610 Review of the 2008 RRP
• http://www.regulations.gov: Follow this document. Rule
the on-line instructions for submitting The EPA is extending the deadline for
Docket: All documents in the docket
comments. submitting comments on the section 610
• Email: oppt.ncic@epa.gov, are listed in the www.regulations.gov
index. Although listed in the index, review of the RRP Rule to September 7,
Attention Docket ID No. EPA–HQ–
some information is not publicly 2016. The original deadline for
OPPT–2016–0126.
comments, based on a 60-day comment
• Fax: (202) 566–9744. available, e.g., CBI or other information
• U.S. Mail: Environmental whose disclosure is restricted by statute. period, was August 8, 2016. The EPA’s
Protection Agency, EPA Docket Center, Certain other material, such as decision responds to a request to extend
Mailcode: 28221T, Attention Docket ID the comment deadline. The EPA
copyrighted material, will be publicly
No. EPA–HQ–OPPT–2016–0126, 1200 believes that this 30-day extension will
available only in hard copy. Publicly
Pennsylvania Ave. NW., Washington, assist in providing an adequate amount
available docket materials are available of additional time for the public to
DC 20460. either electronically in
• Hand Delivery: EPA Docket Center, review the action and to provide written
www.regulations.gov or in hard copy at comments.
EPA West, Room 3334, 1301 EPA/DC, EPA West, Room 3334, 1301
Constitution Avenue NW., Washington, Constitution Ave. NW., Washington, DC
Dated: July 27, 2016.
DC, Attention Docket ID No. EPA–HQ– William Nickerson,
20004. The Public Reading Room is
OPPT–2016–0126. Such deliveries are Acting Director, Office of Regulatory Policy
accepted only during the Docket open from 8:30 a.m. to 4:30 p.m.,
and Management.
Center’s normal hours of operation, and Monday through Friday, excluding
[FR Doc. 2016–18520 Filed 8–5–16; 8:45 am]
special arrangements should be made federal holidays. The telephone number
BILLING CODE 6560–50–P
for deliveries of boxed information. for the Public Reading Room is (202)
Instructions: Direct your comments to 566–1744.
Docket ID No. EPA–HQ–OPPT–2016– DEPARTMENT OF COMMERCE
0126. The EPA’s policy is that all FOR FURTHER INFORMATION CONTACT: For
comments received will be included in additional information contact,
National Oceanic and Atmospheric
the public docket without change and Jonathan Shafer, Environmental Administration
could be made available online at Protection Agency, Office of Chemical
www.regulations.gov, including any Safety and Pollution Prevention, 50 CFR Part 679
personal information provided, unless 7404T, 1200 Pennsylvania Avenue
the comment includes information RIN 0648–BF42
NW., Washington, DC 20460, Phone:
claimed to be Confidential Business 202 564–0789, Email: Fisheries of the Exclusive Economic
Information (CBI) or other information shafer.jonathan@epa.gov. Zone Off Alaska; Gulf of Alaska
whose disclosure is restricted by statute.
Michelle Price, Environmental Management Area; Amendment 101
Do not submit information that you
consider to be CBI or otherwise Protection Agency, Office of Chemical AGENCY: National Marine Fisheries
protected through www.regulations.gov Safety and Pollution Prevention, Service (NMFS), National Oceanic and
or email. The www.regulations.gov Web 7404T, 1200 Pennsylvania Avenue Atmospheric Administration (NOAA),
site is an ‘‘anonymous access’’ system, NW., Washington, DC 20460, Phone: Commerce.
which means that the EPA will not 202 566–0744, Email: ACTION: Notice of availability of
know your identity or contact price.michelle@epa.gov. amendment to fishery management
information unless you provide it in the plan; request for comments.
body of your comment. If you send an SUPPLEMENTARY INFORMATION:
email comment directly to the EPA SUMMARY: The North Pacific Fishery
I. General Information Management Council has submitted
without going through
www.regulations.gov your email address Section 610 of the Regulatory Amendment 101 to the Fishery
will be automatically captured and Flexibility Act requires that an agency Management Plan for Groundfish of the
included as part of the comment that is Gulf of Alaska (FMP) to the Secretary of
review, within 10 years of
placed in the public docket and made Commerce for review. Amendment 101
promulgation, each rule that has or will
available on the Internet. If you submit to the FMP would authorize the use of
have a significant economic impact on longline pot gear in the sablefish
an electronic comment, the EPA a substantial number of small entities
recommends that you include your individual fishing quota (IFQ) fishery in
(SISNOSE). The EPA undertakes section the Gulf of Alaska (GOA). Amendment
name and other contact information in 610 reviews to decide whether the
the body of your comment and with any 101 is necessary to improve efficiency
agency should continue a rule and provide economic benefits for the
disk or CD–ROM you submit. If the EPA unchanged, amend it, or withdraw it.
cannot read your comment because of sablefish IFQ fleet and minimize
We encourage small entities to provide potential fishery interactions with
technical difficulties and cannot contact comments on the need to change these
you for clarification, the EPA might not whales and seabirds. Amendment 101 is
rules, and in particular, how the rules intended to promote the goals and
be able to consider your comment.
could be made clearer, more effective, or objectives of the Magnuson-Stevens
Electronic files should avoid the use of
ehiers on DSK5VPTVN1PROD with PROPOSALS
if there is need to remove conflicting or Fishery Conservation and Management
special characters, any form of
encryption, and be free of any defects or overlapping requirements with other Act, the FMP, and other applicable
viruses. For additional information Federal or State regulations. laws.
about the EPA’s public docket visit the The EPA has exercised its discretion DATES: Submit comments on or before
EPA Docket Center homepage at http:// to include changes made to the 2008 October 7, 2016.
www.epa.gov/epahome/dockets.htm. RRP rule as well as solicit comments on ADDRESSES: You may submit comments
For additional instructions on lead-test kits in this review. on this document, identified by NOAA–
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![52396 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Proposed Rules
Amendment 101 is necessary to (1) NMFS agree that authorizing longline longline pot gear, which has a lower rate
improve efficiency in harvesting pot gear in the GOA sablefish IFQ of incidental catch of seabirds than
sablefish IFQ and reduce adverse fishery under Amendment 101 is hook-and-line gear.
economic impacts on harvesters that appropriate because the fishery is NMFS is soliciting public comments
occur from depredation, and (2) reduce managed under the IFQ Program. The on proposed Amendment 101 through
sablefish IFQ fishery interactions with IFQ Program provides fishermen with the end of the comment period (see
whales and seabirds. substantially more flexibility on when DATES). NMFS intends to publish in the
Amendment 101 would reduce the and where to harvest sablefish Federal Register and seek public
adverse impacts of depredation for those compared to the open access comment on a proposed rule that
harvesters who choose to switch to management program prior to
implements Amendment 101 following
longline pot gear from hook-and-line implementation of the IFQ Program. The
NMFS’ evaluation of the proposed rule
gear. These harvesters would benefit IFQ Program makes it unlikely that
under the Magnuson-Stevens Act.
from reduced operating costs and hook-and-line and longline pot gear
reduced fishing time needed to harvest NMFS will consider all comments
conflicts would occur or that fishing
sablefish IFQ. Amendment 101 would received by the end of the comment
grounds would be preempted for
provide individual harvesters with the period on Amendment 101, whether
extended periods in the same manner
option to use longline pot gear if they specifically directed to the FMP
previously analyzed by the Council and
determine it is appropriate for their amendment or its implementing
NMFS.
fishing operation. Amendment 101 Amendment 101 would reduce proposed rule, in the approval/
would reduce the associated risks to fishing interactions with seabirds. disapproval decision on Amendment
whales including vessel strikes, gear Fishing interactions can result in direct 101. NMFS will not consider comments
entanglement, and altered foraging mortality for seabirds if they become received after that date in the approval/
strategies. The Analysis for Amendment entangled in fishing gear or strike the disapproval decision on the
101 indicates that authorizing longline vessel or fishing gear while flying. amendment. To be considered,
pot gear is expected to have a positive Hook-and-line gear has the greatest comments must be received, not just
effect on killer whales and sperm impact on seabirds relative to other postmarked or otherwise transmitted, by
whales from reduced interactions with fishing gear. Although seabird mortality the close of business on the last day of
fishing gear. in the GOA sablefish IFQ fishery makes the comment period.
In recommending Amendment 101, up a very small portion of total Authority: 16 U.S.C. 1801 et seq.
the Council recognized that pot gear had estimated seabird mortality from
Dated: August 3, 2016.
previously been authorized in the GOA fisheries in Alaska, the Analysis
sablefish fishery, but its use was determined that Amendment 101 would Emily H. Menashes,
prohibited prior to implementation of reduce incidental catch of seabirds in Acting Director, Office of Sustainable
the IFQ Program due to conflicts the GOA sablefish IFQ fishery. Fisheries, National Marine Fisheries Service.
between hook-and-line and pot gear on Amendment 101 would provide vessel [FR Doc. 2016–18745 Filed 8–5–16; 8:45 am]
the fishing grounds. The Council and operators with the opportunity to use BILLING CODE 3510–22–P
ehiers on DSK5VPTVN1PROD with PROPOSALS
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Document Created: 2016-08-06 03:07:57
Document Modified: 2016-08-06 03:07:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of availability of amendment to fishery management plan; request for comments. | |
| Dates | Submit comments on or before October 7, 2016. | |
| Contact | Rachel Baker, 907-586-7228. | |
| FR Citation | 81 FR 52394 | |
| RIN Number | 0648-BF42 |
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