82_FR_58611 82 FR 58374 - Fisheries of the Exclusive Economic Zone Off Alaska; Halibut Bycatch Management in the Groundfish Fisheries of the Bering Sea and Aleutian Islands

82 FR 58374 - Fisheries of the Exclusive Economic Zone Off Alaska; Halibut Bycatch Management in the Groundfish Fisheries of the Bering Sea and Aleutian Islands

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 237 (December 12, 2017)

Page Range58374-58377
FR Document2017-26734

NMFS, in consultation with the North Pacific Fishery Management Council (Council), announces its intent to prepare an Environmental Impact Statement (EIS) on a new halibut bycatch management program for groundfish fisheries in the Bering Sea and Aleutian Islands (BSAI), in accordance with the National Environmental Policy Act of 1969 (NEPA). The proposed action would create a new method of managing halibut bycatch that links halibut prohibited species catch (PSC) limits for the groundfish fisheries to data on halibut abundance. The proposed action is intended to provide a responsive approach for managing halibut bycatch at varying levels of halibut abundance. The new program would minimize halibut bycatch to the extent practicable while achieving, on a continuing basis, optimum yield from the groundfish fisheries. The new management program also could provide additional opportunity for the directed halibut fishery at low levels of halibut abundance compared to the status quo and promote conservation of the halibut spawning stock biomass, particularly at low levels of abundance. The EIS will analyze the impacts to the human environment resulting from the proposed 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 82 Issue 237 (Tuesday, December 12, 2017) 
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Proposed Rules]
[Pages 58374-58377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26734]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-XF852


Fisheries of the Exclusive Economic Zone Off Alaska; Halibut 
Bycatch Management in the Groundfish Fisheries of the Bering Sea and 
Aleutian Islands

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

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

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SUMMARY: NMFS, in consultation with the North Pacific Fishery 
Management Council (Council), announces its intent to prepare an 
Environmental Impact Statement (EIS) on a new halibut bycatch 
management program for groundfish fisheries in the Bering Sea and 
Aleutian Islands (BSAI), in accordance with the National Environmental 
Policy Act of 1969 (NEPA). The proposed action would create a new 
method of managing halibut bycatch that links halibut prohibited 
species catch (PSC) limits for the groundfish fisheries to data on 
halibut abundance. The proposed action is intended to provide a 
responsive approach for managing halibut bycatch at varying levels of 
halibut abundance. The new program would minimize halibut bycatch to 
the extent practicable while achieving, on a continuing basis, optimum 
yield from the groundfish fisheries. The new management program also 
could provide additional opportunity for the directed halibut fishery 
at low levels of halibut abundance compared to the status quo and 
promote conservation of the halibut spawning stock biomass, 
particularly at low levels of abundance. The EIS will analyze the 
impacts to the human environment resulting from the proposed 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 February 16, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0144, 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-2017-0144, 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

[[Page 58375]]

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: Glenn Merrill, (907) 586-7228 or email 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for Action

    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. 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 BSAI is carried out under the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (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 Pacific halibut (Hippoglossus stenolepis) resource is fully 
utilized in Alaska and is a target species in subsistence, personal 
use, recreational (sport), and commercial fisheries. Halibut have 
significant social, cultural, and economic importance to fishery 
participants and fishing communities throughout the geographical range 
of the resource. Halibut are also incidentally taken as bycatch in 
groundfish fisheries. The Magnuson-Stevens Act defines bycatch as fish 
which are harvested in a fishery, but which are not sold or kept for 
personal use, and includes economic discards and regulatory discards. 
The term does not include fish released alive under a recreational 
catch and release fishery management program. 16 U.S.C. 1802 3(2).
    The International Pacific Halibut Commission (IPHC) and NMFS manage 
Pacific halibut fisheries through regulations established under the 
authority of the Northern Pacific Halibut Act of 1982 (Halibut Act) (16 
U.S.C. 773-773k). The IPHC adopts regulations governing the target 
fishery for Pacific halibut under the Convention between the United 
States and Canada for the Preservation of the Halibut Fishery of the 
North Pacific Ocean and Bering Sea (Convention), signed at Ottawa, 
Ontario, on March 2, 1953, as amended by a Protocol Amending the 
Convention (signed at Washington, DC, on March 29, 1979). For the 
United States, regulations governing the fishery for Pacific halibut 
developed by the IPHC are subject to acceptance by the Secretary of 
State with concurrence from the Secretary of Commerce. After acceptance 
by the Secretary of State and the Secretary of Commerce, NMFS publishes 
the IPHC regulations in the Federal Register as annual management 
measures pursuant to 50 CFR 300.62. The final rule implementing IPHC 
regulations for 2017 published on March 7, 2017 (82 FR 12730).
    Section 773c(c) of the Halibut Act also provides the Council with 
authority to develop regulations that are in addition to, and not in 
conflict with, approved IPHC regulations. The Council has exercised 
this authority in the development of Federal regulations for the 
halibut fishery such as (1) subsistence halibut fishery management 
measures, codified at Sec.  300.65; (2) the limited access program for 
charter vessels in the guided sport fishery, codified at Sec.  300.67; 
and (3) the Individual Fishing Quota (IFQ) Program for the commercial 
halibut and sablefish fisheries, codified at 50 CFR part 679, under the 
authority of section 773 of the Halibut Act and section 303(b) of the 
Magnuson-Stevens Act.

Background

    The Council is examining abundance-based approaches for halibut PSC 
limits in the BSAI groundfish fisheries. Currently, halibut PSC limits 
are a fixed amount of halibut mortality in metric tons. When halibut 
abundance declines, halibut PSC becomes a larger proportion of total 
halibut removals and can result in lower catch limits for directed 
halibut fisheries. Both the Council and the IPHC have expressed concern 
about the impacts of lower catch limits on directed halibut fisheries 
at low levels of halibut abundance under the status quo. The Council 
identified abundance-based halibut PSC limits as a potential management 
approach to address this concern by linking halibut PSC limits to 
halibut abundance and potentially providing additional opportunity for 
the directed halibut fisheries compared to the status quo at low levels 
of halibut abundance.
    NMFS and the Council have determined the preparation of an EIS may 
be required for this action because abundance-based halibut PSC limits 
may have effects on target and bycatch species and their users that are 
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.

Halibut Bycatch Management in the BSAI Groundfish Fisheries

    The Magnuson-Stevens Act authorizes the Council and NMFS to manage 
groundfish fisheries in the Alaska EEZ that take halibut as bycatch. 
The groundfish fisheries cannot be prosecuted without some level of 
halibut bycatch because groundfish and halibut occur in the same areas 
at the same times, and no fishing gear or technique has been developed 
that can avoid all halibut bycatch. However, the Council and NMFS have 
taken a number of management actions over the past several decades to 
minimize halibut bycatch in the BSAI groundfish fisheries. Most 
importantly, the Council has designated Pacific halibut and several 
other species (herring, salmon and steelhead, king crab, and Tanner 
crab) as ``prohibited species'' (Section 3.6.1 of the FMP). By 
regulation, the operator of any vessel fishing for groundfish in the 
BSAI must minimize the catch of prohibited species (Sec.  
679.21(b)(2)(i)).
    Although halibut is taken as bycatch by vessels using all types of 
gear (trawl, hook-and-line, pot, and jig gear), halibut bycatch 
primarily occurs in the trawl and hook-and-line groundfish fisheries. 
NMFS manages halibut bycatch in the BSAI by (1) establishing halibut 
PSC limits for trawl and non-trawl fisheries; (2) apportioning those 
halibut PSC limits to groundfish sectors, fishery categories, and 
seasons; and (3) managing groundfish fisheries to prevent PSC from 
exceeding the established limits.
    Consistent with National Standard 1 and National Standard 9 of the

[[Page 58376]]

Magnuson-Stevens Act, the Council and NMFS use halibut PSC limits in 
the BSAI groundfish fisheries to minimize bycatch to the extent 
practicable while achieving, on a continuing basis, optimum yield from 
the groundfish fisheries. Halibut PSC limits in the groundfish 
fisheries provide an additional constraint on halibut PSC mortality and 
promote conservation of the halibut resource. With one limited 
exception for the Bering Sea midwater pollock fishery described in 
Sec.  679.21(e)(3)(ii)(C), groundfish fishing is prohibited once a 
halibut PSC limit has been reached for a particular sector or season. 
Therefore, halibut PSC limits must be set to balance the needs of 
fishermen, fishing communities, and U.S. consumers that depend on both 
halibut and groundfish resources.
    In 2015, the Council revised halibut PSC management in the BSAI 
groundfish fisheries by recommending Amendment 111 to the FMP. 
Amendment 111 reduced halibut PSC limits for the BSAI groundfish 
fisheries by 21 percent. NMFS implemented Amendment 111 on May 27, 2016 
(81 FR 24714). In February 2015, in conjunction with review of the 
analysis prepared for Amendment 111, the Council also requested an 
initial evaluation of possible approaches to link BSAI halibut PSC 
limits to data or model-based abundance estimates of halibut. The 
Council reviewed this initial evaluation at its December 2015 meeting 
and requested additional information on appropriate indices for use in 
indexing halibut abundance to PSC limits in the BSAI.
    In April 2016, the Council reviewed additional information on 
abundance-based approaches for halibut PSC limits and unanimously 
adopted a purpose and need statement to establish abundance-based 
halibut PSC limits for the BSAI groundfish fisheries. The Council 
refined the purpose and need statement at subsequent meetings in 2016 
and 2017:

    The current fixed yield based halibut PSC caps are inconsistent 
with management of the directed halibut fisheries and Council 
management of groundfish fisheries, which are managed based on 
abundance. When halibut abundance declines, PSC becomes a larger 
proportion of total halibut removals and thereby further reduces the 
proportion and amount of halibut available for harvest in directed 
halibut fisheries. Conversely, if halibut abundance increases, 
halibut PSC limits could be unnecessarily constraining. The Council 
is considering linking PSC limits to halibut abundance to provide a 
responsive management approach at varying levels of halibut 
abundance. The Council is considering abundance-based PSC limits to 
control total halibut mortality, provide an opportunity for the 
directed halibut fishery, and protect the halibut spawning stock 
biomass, particularly at low levels of abundance. The Council 
recognizes that abundance-based halibut PSC limits may increase and 
decrease with changes in halibut abundance.

    In October 2016, the Council identified the following objectives 
for establishing abundance-based halibut PSC limits to guide the 
development of appropriate management measures and the tradeoffs among 
them:
    1. Halibut PSC limits should be indexed to halibut abundance.
    2. Halibut spawning stock biomass should be protected especially at 
lower levels of abundance.
    3. There should be flexibility provided to avoid unnecessarily 
constraining the groundfish fishery particularly when halibut abundance 
is high.
    4. Provide for directed halibut fishing operations in the Bering 
Sea.
    5. Provide for some stability in PSC limits on an inter-annual 
basis.
    In October 2017, the Council requested a preliminary analysis using 
specific elements and options it intends to consider in developing 
alternatives for abundance-based halibut PSC limits. The Council and 
NMFS also agreed to initiate scoping to prepare an EIS for the proposed 
action to establish abundance-based halibut PSC limits in the BSAI 
groundfish fisheries. Additional information on the Council's 
development of abundance-based halibut PSC limits is available on the 
Council's website at http://www.npfmc.org/.

Proposed Action

    The EIS will analyze the proposed action to establish halibut PSC 
limits for the BSAI groundfish fisheries that can vary with changes in 
halibut abundance. Abundance-based halibut PSC limits would replace 
current PSC limits that establish a fixed amount of halibut PSC as the 
limit for each groundfish sector in the BSAI. The proposed action would 
apply to participants in Federal groundfish fisheries prosecuted in the 
BSAI using trawl and non-trawl (fixed) gear. This area is defined at 
Sec.  679.2 and shown in Figure 1 to 50 CFR part 679.

Alternative Elements and Options for Abundance-Based Halibut PSC Limits

    NMFS, in coordination with the Council, will evaluate a range of 
alternative methods for establishing abundance-based halibut annual PSC 
limits for the groundfish fisheries in the BSAI. NMFS and the Council 
recognize that implementation of abundance-based halibut PSC limits 
could result in substantial changes to many of the current management 
measures for halibut PSC in the groundfish fisheries. The EIS will 
analyze these changes and the likely impacts of those changes on 
groundfish stocks and participants in the groundfish fisheries. The EIS 
also will analyze the likely impacts of an abundance-based halibut PSC 
limits on the halibut stock and on participants in directed halibut 
fisheries. Alternatives may be formulated based on two elements 
critical to establishing abundance-based halibut PSC limits: (1) A 
halibut abundance index, and (2) a control rule informed by abundance 
index data that results in a halibut PSC limit for the trawl and fixed 
gear groundfish fisheries in the BSAI. The Council has identified the 
following index and control rule options for preliminary analysis.
    Possible alternatives for the abundance-based halibut PSC 
management program could be constructed from one or more of the 
following options, in addition to those developed through the public 
scoping and Council processes:
    1. Abundance index and application: Establish halibut abundance 
indices using the annual NMFS eastern Bering Sea trawl survey and the 
annual IPHC setline survey. Data from these indices may be applied 
separately or in combination to establish trawl and fixed gear halibut 
PSC limits.
    2. Control rule: Using the selected abundance index, establish a 
control rule that results in annual halibut PSC limits for the trawl 
and fixed gear groundfish fisheries in the BSAI. The control rule to 
establish halibut PSC limits may have one or more of the following 
features:
     Control rule application: The control rule could be 
applied through a mathematical formula to specify halibut PSC limits 
based on the abundance index data. The control rule also could be 
applied through a decision framework that identifies specific ranges of 
halibut abundance levels and the resulting halibut PSC limits. For 
example, the control rule could associate low, intermediate and high 
levels of the spawning biomass with low, intermediate and high PSC 
limits.
     Responsiveness of control rule to abundance changes: The 
control rule could result in halibut PSC limits that change 
proportionally with changes in the abundance index or PSC limits that 
change in different proportions relative to the abundance index to meet 
specific objectives. For example, a control rule could limit annual 
variability in halibut PSC limits, as determined by halibut abundance, 
to achieve the objective of

[[Page 58377]]

stability in PSC limits on an inter-annual basis or to provide 
flexibility to avoid unnecessarily constraining the groundfish fishery, 
particularly when halibut abundance is high.
     Starting point for PSC limit: The control rule will have a 
PSC limit starting point to which the abundance index will be applied 
to determine halibut PSC limits for the groundfish fisheries in any 
given year. The starting point could be based on the current PSC limit 
or halibut PSC use.
     Maximum and/or minimum PSC limits: The control rule could 
establish a maximum and/or minimum value for the halibut PSC limit for 
groundfish fisheries. Maximum and/or minimum PSC limits would limit the 
total amount of halibut PSC that can be taken at varying levels of 
halibut abundance and could promote the objectives to protect the 
halibut spawning stock biomass and provide for directed halibut fishing 
operations in the Bering Sea.

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 document, 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 
to establish abundance-based halibut PSC limits for the groundfish 
fisheries in the BSAI. Written comments should be as specific as 
possible to be the most helpful. Written comments received during the 
scoping process, including the names and addresses of those submitting 
them, will be considered part of the public record of this proposal and 
will be available for public inspection. Written comments will be 
accepted at the address above (see ADDRESSES). Please visit the NMFS 
Alaska Region website at http://www.alaskafisheries.noaa.gov for more 
information on the EIS to establish abundance-based halibut PSC limits 
for the BSAI groundfish fisheries 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 BSAI 
groundfish fisheries is reviewed and alternatives for abundance-based 
halibut PSC limits 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 website for 
information and guidance on participating in Council meetings.

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

    Dated: December 7, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-26734 Filed 12-11-17; 8:45 am]
BILLING CODE 3510-22-P

58374 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Proposed Rules such as requiring smaller systems to file Medtronic, Inc., Chuck Powers on ACTION: Notice of intent to prepare an the report every few years instead of behalf of Motorola Solutions, Inc., and environmental impact statement; randomly sampling smaller systems Michael E. Williams, on behalf of Cobra request for written comments. annually. If the Commission decides to Electronics Corporation. retain Form 325, it seeks comment on SUMMARY: NMFS, in consultation with DATES: Oppositions to the Petition must ways in which it can streamline the the North Pacific Fishery Management be filed on or before December 27, 2017. Council (Council), announces its intent current requirements and thereby Replies to an opposition must be filed reduce the burdens on small cable to prepare an Environmental Impact on or before January 8, 2018. Statement (EIS) on a new halibut system filers. The Commission’s ADDRESSES: Federal Communications evaluation of the comments filed on bycatch management program for Commission, 445 12th Street SW, groundfish fisheries in the Bering Sea these topics as well as on other Washington, DC 20554. and Aleutian Islands (BSAI), in questions in the NPRM that seek to FOR FURTHER INFORMATION CONTACT: accordance with the National reduce the burdens placed on small Thomas Derenge, email: Environmental Policy Act of 1969 cable systems will shape the final Thomas.Derenge@fcc.gov; phone: (202) (NEPA). The proposed action would conclusions it reaches, the final 418–2451 or Scot Stone, email: create a new method of managing significant alternatives it considers, and Scot.Stone@fcc.gov; phone: (202) halibut bycatch that links halibut the actions it ultimately takes in this 418–0638. prohibited species catch (PSC) limits for proceeding to minimize any significant SUPPLEMENTARY INFORMATION: This is a the groundfish fisheries to data on economic impact that may occur on summary of the Commission’s halibut abundance. The proposed action small entities. document, Report No. 3082, released is intended to provide a responsive F. Federal Rules That May Duplicate, December 01, 2017. The full text of the approach for managing halibut bycatch Overlap, or Conflict With the Proposed Petitions is available for viewing and at varying levels of halibut abundance. Rule copying at the FCC Reference The new program would minimize 42. None. Information Center, 445 12th Street SW, halibut bycatch to the extent practicable 43. Accordingly, it is ordered that, Room CY–A257, Washington, DC 20554. while achieving, on a continuing basis, pursuant to the authority found in It also may be accessed online via the optimum yield from the groundfish sections 4(i), 4(j), 303, and 628 of the Commission’s Electronic Comment fisheries. The new management program Communications Act of 1934, as Filing System at: http://apps.fcc.gov/ also could provide additional amended, 47 U.S.C. 154(i), 154(j), 303, ecfs/. The Commission will not send a opportunity for the directed halibut and 548, this Notice of Proposed Congressional Review Act (CRA) fishery at low levels of halibut Rulemaking is adopted. submission to Congress or the abundance compared to the status quo 44. It is further ordered that the Government Accountability Office and promote conservation of the halibut Commission’s Consumer and pursuant to the CRA, 5 U.S.C. because spawning stock biomass, particularly at Governmental Affairs Bureau, Reference low levels of abundance. The EIS will no rules are being adopted by the Information Center, shall send a copy of analyze the impacts to the human Commission. this Notice of Proposed Rulemaking, environment resulting from the Subject: Personal Radio Services, FCC including the Initial Regulatory proposed bycatch management program. 17–57, published at 82 FR 41096, Flexibility Analysis, to the Chief NMFS will accept written comments August 29, 2017, in WT Docket No. 10– Counsel for Advocacy of the Small from the public to identify the issues of 119. This document is being published Business Administration. concern and assist the Council in pursuant to 47 CFR 1.429(e). See also 47 determining the appropriate range of List of Subjects in 47 CFR Part 79 CFR 1.4(b)(1) and 1.429(f), (g). management alternatives for the EIS. Number of Petitions Filed: 3. Cable television operators. DATES: Written comments will be Federal Communications Commission. accepted through February 16, 2018. Federal Communications Commission. Marlene H. Dortch, ADDRESSES: You may submit comments Marlene H. Dortch, Secretary. on this document, identified by NOAA– Secretary. [FR Doc. 2017–26728 Filed 12–11–17; 8:45 am] NMFS–2017–0144, by any of the [FR Doc. 2017–26678 Filed 12–11–17; 8:45 am] BILLING CODE 6712–01–P following methods: BILLING CODE 6712–01–P • Electronic Submission: Submit all electronic public comments via the DEPARTMENT OF COMMERCE Federal e-Rulemaking Portal. Go to FEDERAL COMMUNICATIONS www.regulations.gov/#!docket COMMISSION National Oceanic and Atmospheric Detail;D=NOAA-NMFS-2017-0144, click 47 CFR Part 95 Administration the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach [WT Docket No. 10–119, RM–10762, RM– 50 CFR Part 679 your comments. 10844; Report No. 3082] • Mail: Submit written comments to RIN 0648–XF852 Glenn Merrill, Assistant Regional Petitions for Reconsideration of Action Administrator, Sustainable Fisheries in Rulemaking Proceeding Fisheries of the Exclusive Economic Zone Off Alaska; Halibut Bycatch Division, Alaska Region NMFS, Attn: ethrower on DSK3G9T082PROD with PROPOSALS AGENCY: Federal Communications Management in the Groundfish Ellen Sebastian. Mail comments to P.O. Commission. Fisheries of the Bering Sea and Box 21668, Juneau, AK 99802–1668. ACTION: Petitions for Reconsideration. Aleutian Islands Instructions: Comments sent by any other method, to any other address or SUMMARY: Petitions for Reconsideration AGENCY: National Marine Fisheries individual, or received after the end of (Petition) have been filed in the Service (NMFS), National Oceanic and the comment period, may not be Commission’s rulemaking proceeding Atmospheric Administration (NOAA), considered by NMFS. All comments by Charles S. Farlow, on behalf of Commerce. received are a part of the public record VerDate Sep<11>2014 16:43 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\12DEP1.SGM 12DEP1

Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Proposed Rules 58375 and will generally be posted for public Pacific halibut fisheries through directed halibut fisheries compared to viewing on www.regulations.gov regulations established under the the status quo at low levels of halibut without change. All personal identifying authority of the Northern Pacific Halibut abundance. information (e.g., name, address), Act of 1982 (Halibut Act) (16 U.S.C. NMFS and the Council have confidential business information, or 773–773k). The IPHC adopts regulations determined the preparation of an EIS otherwise sensitive information governing the target fishery for Pacific may be required for this action because submitted voluntarily by the sender will halibut under the Convention between abundance-based halibut PSC limits be publicly accessible. NMFS will the United States and Canada for the may have effects on target and bycatch accept anonymous comments (enter Preservation of the Halibut Fishery of species and their users that are ‘‘N/A’’ in the required fields if you wish the North Pacific Ocean and Bering Sea uncertain or unknown and may result in to remain anonymous). (Convention), signed at Ottawa, Ontario, significant impacts on the human FOR FURTHER INFORMATION CONTACT: on March 2, 1953, as amended by a environment not previously analyzed. Glenn Merrill, (907) 586–7228 or email Protocol Amending the Convention Thus, NMFS and the Council are glenn.merrill@noaa.gov. (signed at Washington, DC, on March initiating scoping for an EIS in the event 29, 1979). For the United States, an EIS is needed. SUPPLEMENTARY INFORMATION: NMFS and the Council are seeking regulations governing the fishery for Authority for Action Pacific halibut developed by the IPHC information from the public through the are subject to acceptance by the EIS scoping process on the range of Under the Magnuson-Stevens Fishery alternatives to be analyzed, and on the Conservation and Management Act Secretary of State with concurrence from the Secretary of Commerce. After environmental, social, and economic (Magnuson-Stevens Act), the United issues to be considered in the analysis. States has exclusive fishery acceptance by the Secretary of State and the Secretary of Commerce, NMFS Written comments generated during this management authority over all living scoping process will be provided to the publishes the IPHC regulations in the marine resources found within the Council and incorporated into the EIS Federal Register as annual management exclusive economic zone (EEZ). The for the proposed action. measures pursuant to 50 CFR 300.62. management of these marine resources, The final rule implementing IPHC Halibut Bycatch Management in the with the exception of marine mammals regulations for 2017 published on BSAI Groundfish Fisheries and birds, is vested in the Secretary of March 7, 2017 (82 FR 12730). Commerce. The Council has the Section 773c(c) of the Halibut Act also The Magnuson-Stevens Act authorizes responsibility to prepare fishery provides the Council with authority to the Council and NMFS to manage management plans for the fishery develop regulations that are in addition groundfish fisheries in the Alaska EEZ resources that require conservation and to, and not in conflict with, approved that take halibut as bycatch. The management in the EEZ off Alaska. IPHC regulations. The Council has groundfish fisheries cannot be Management of the Federal groundfish exercised this authority in the prosecuted without some level of fisheries in the BSAI is carried out development of Federal regulations for halibut bycatch because groundfish and under the Fishery Management Plan for the halibut fishery such as (1) halibut occur in the same areas at the Groundfish of the Bering Sea and subsistence halibut fishery management same times, and no fishing gear or Aleutian Islands Management Area measures, codified at § 300.65; (2) the technique has been developed that can (FMP). The FMP, its amendments, and limited access program for charter avoid all halibut bycatch. However, the implementing regulations (found at 50 vessels in the guided sport fishery, Council and NMFS have taken a number CFR part 679) are developed in codified at § 300.67; and (3) the of management actions over the past accordance with the requirements of the Individual Fishing Quota (IFQ) Program several decades to minimize halibut Magnuson-Stevens Act and other for the commercial halibut and sablefish bycatch in the BSAI groundfish applicable Federal laws and executive fisheries, codified at 50 CFR part 679, fisheries. Most importantly, the Council orders, notably the National under the authority of section 773 of the has designated Pacific halibut and Environmental Policy Act (NEPA) and Halibut Act and section 303(b) of the several other species (herring, salmon the Endangered Species Act (ESA). Magnuson-Stevens Act. and steelhead, king crab, and Tanner The Pacific halibut (Hippoglossus crab) as ‘‘prohibited species’’ (Section stenolepis) resource is fully utilized in Background 3.6.1 of the FMP). By regulation, the Alaska and is a target species in The Council is examining abundance- operator of any vessel fishing for subsistence, personal use, recreational based approaches for halibut PSC limits groundfish in the BSAI must minimize (sport), and commercial fisheries. in the BSAI groundfish fisheries. the catch of prohibited species Halibut have significant social, cultural, Currently, halibut PSC limits are a fixed (§ 679.21(b)(2)(i)). and economic importance to fishery amount of halibut mortality in metric Although halibut is taken as bycatch participants and fishing communities tons. When halibut abundance declines, by vessels using all types of gear (trawl, throughout the geographical range of the halibut PSC becomes a larger proportion hook-and-line, pot, and jig gear), halibut resource. Halibut are also incidentally of total halibut removals and can result bycatch primarily occurs in the trawl taken as bycatch in groundfish fisheries. in lower catch limits for directed halibut and hook-and-line groundfish fisheries. The Magnuson-Stevens Act defines fisheries. Both the Council and the IPHC NMFS manages halibut bycatch in the bycatch as fish which are harvested in have expressed concern about the BSAI by (1) establishing halibut PSC a fishery, but which are not sold or kept impacts of lower catch limits on limits for trawl and non-trawl fisheries; ethrower on DSK3G9T082PROD with PROPOSALS for personal use, and includes economic directed halibut fisheries at low levels (2) apportioning those halibut PSC discards and regulatory discards. The of halibut abundance under the status limits to groundfish sectors, fishery term does not include fish released alive quo. The Council identified abundance- categories, and seasons; and (3) under a recreational catch and release based halibut PSC limits as a potential managing groundfish fisheries to fishery management program. 16 U.S.C. management approach to address this prevent PSC from exceeding the 1802 3(2). concern by linking halibut PSC limits to established limits. The International Pacific Halibut halibut abundance and potentially Consistent with National Standard 1 Commission (IPHC) and NMFS manage providing additional opportunity for the and National Standard 9 of the VerDate Sep<11>2014 16:43 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\12DEP1.SGM 12DEP1

58376 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Proposed Rules Magnuson-Stevens Act, the Council and opportunity for the directed halibut fishery, substantial changes to many of the NMFS use halibut PSC limits in the and protect the halibut spawning stock current management measures for BSAI groundfish fisheries to minimize biomass, particularly at low levels of halibut PSC in the groundfish fisheries. abundance. The Council recognizes that The EIS will analyze these changes and bycatch to the extent practicable while abundance-based halibut PSC limits may achieving, on a continuing basis, increase and decrease with changes in the likely impacts of those changes on optimum yield from the groundfish halibut abundance. groundfish stocks and participants in fisheries. Halibut PSC limits in the the groundfish fisheries. The EIS also groundfish fisheries provide an In October 2016, the Council will analyze the likely impacts of an additional constraint on halibut PSC identified the following objectives for abundance-based halibut PSC limits on mortality and promote conservation of establishing abundance-based halibut the halibut stock and on participants in the halibut resource. With one limited PSC limits to guide the development of directed halibut fisheries. Alternatives exception for the Bering Sea midwater appropriate management measures and may be formulated based on two pollock fishery described in the tradeoffs among them: elements critical to establishing § 679.21(e)(3)(ii)(C), groundfish fishing 1. Halibut PSC limits should be abundance-based halibut PSC limits: (1) is prohibited once a halibut PSC limit indexed to halibut abundance. A halibut abundance index, and (2) a has been reached for a particular sector 2. Halibut spawning stock biomass control rule informed by abundance or season. Therefore, halibut PSC limits should be protected especially at lower index data that results in a halibut PSC must be set to balance the needs of levels of abundance. limit for the trawl and fixed gear fishermen, fishing communities, and 3. There should be flexibility groundfish fisheries in the BSAI. The U.S. consumers that depend on both provided to avoid unnecessarily Council has identified the following halibut and groundfish resources. constraining the groundfish fishery index and control rule options for In 2015, the Council revised halibut particularly when halibut abundance is preliminary analysis. PSC management in the BSAI high. Possible alternatives for the groundfish fisheries by recommending 4. Provide for directed halibut fishing abundance-based halibut PSC Amendment 111 to the FMP. operations in the Bering Sea. management program could be Amendment 111 reduced halibut PSC 5. Provide for some stability in PSC constructed from one or more of the limits for the BSAI groundfish fisheries limits on an inter-annual basis. following options, in addition to those In October 2017, the Council developed through the public scoping by 21 percent. NMFS implemented requested a preliminary analysis using and Council processes: Amendment 111 on May 27, 2016 (81 specific elements and options it intends 1. Abundance index and application: FR 24714). In February 2015, in to consider in developing alternatives Establish halibut abundance indices conjunction with review of the analysis for abundance-based halibut PSC limits. using the annual NMFS eastern Bering prepared for Amendment 111, the The Council and NMFS also agreed to Sea trawl survey and the annual IPHC Council also requested an initial initiate scoping to prepare an EIS for the setline survey. Data from these indices evaluation of possible approaches to proposed action to establish abundance- may be applied separately or in link BSAI halibut PSC limits to data or based halibut PSC limits in the BSAI combination to establish trawl and fixed model-based abundance estimates of groundfish fisheries. Additional gear halibut PSC limits. halibut. The Council reviewed this information on the Council’s 2. Control rule: Using the selected initial evaluation at its December 2015 development of abundance-based abundance index, establish a control meeting and requested additional halibut PSC limits is available on the rule that results in annual halibut PSC information on appropriate indices for Council’s website at http:// limits for the trawl and fixed gear use in indexing halibut abundance to www.npfmc.org/. groundfish fisheries in the BSAI. The PSC limits in the BSAI. control rule to establish halibut PSC In April 2016, the Council reviewed Proposed Action limits may have one or more of the additional information on abundance- The EIS will analyze the proposed following features: based approaches for halibut PSC limits • Control rule application: The action to establish halibut PSC limits for and unanimously adopted a purpose control rule could be applied through a the BSAI groundfish fisheries that can and need statement to establish mathematical formula to specify halibut vary with changes in halibut abundance. abundance-based halibut PSC limits for PSC limits based on the abundance Abundance-based halibut PSC limits the BSAI groundfish fisheries. The index data. The control rule also could would replace current PSC limits that Council refined the purpose and need be applied through a decision establish a fixed amount of halibut PSC statement at subsequent meetings in framework that identifies specific ranges as the limit for each groundfish sector 2016 and 2017: of halibut abundance levels and the in the BSAI. The proposed action would The current fixed yield based halibut PSC apply to participants in Federal resulting halibut PSC limits. For caps are inconsistent with management of the groundfish fisheries prosecuted in the example, the control rule could directed halibut fisheries and Council associate low, intermediate and high management of groundfish fisheries, which BSAI using trawl and non-trawl (fixed) are managed based on abundance. When gear. This area is defined at § 679.2 and levels of the spawning biomass with halibut abundance declines, PSC becomes a shown in Figure 1 to 50 CFR part 679. low, intermediate and high PSC limits. larger proportion of total halibut removals • Responsiveness of control rule to Alternative Elements and Options for abundance changes: The control rule and thereby further reduces the proportion and amount of halibut available for harvest Abundance-Based Halibut PSC Limits could result in halibut PSC limits that ethrower on DSK3G9T082PROD with PROPOSALS in directed halibut fisheries. Conversely, if NMFS, in coordination with the change proportionally with changes in halibut abundance increases, halibut PSC Council, will evaluate a range of the abundance index or PSC limits that limits could be unnecessarily constraining. alternative methods for establishing change in different proportions relative The Council is considering linking PSC limits to halibut abundance to provide a abundance-based halibut annual PSC to the abundance index to meet specific responsive management approach at varying limits for the groundfish fisheries in the objectives. For example, a control rule levels of halibut abundance. The Council is BSAI. NMFS and the Council recognize could limit annual variability in halibut considering abundance-based PSC limits to that implementation of abundance- PSC limits, as determined by halibut control total halibut mortality, provide an based halibut PSC limits could result in abundance, to achieve the objective of VerDate Sep<11>2014 16:43 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\12DEP1.SGM 12DEP1

Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Proposed Rules 58377 stability in PSC limits on an inter- proposed action. A principal objective accepted at the address above (see annual basis or to provide flexibility to of the scoping and public involvement ADDRESSES). Please visit the NMFS avoid unnecessarily constraining the process is to identify a range of Alaska Region website at http:// groundfish fishery, particularly when reasonable management alternatives www.alaskafisheries.noaa.gov for more halibut abundance is high. that, with adequate analysis, will information on the EIS to establish • Starting point for PSC limit: The delineate critical issues and provide a abundance-based halibut PSC limits for control rule will have a PSC limit clear basis for distinguishing among the BSAI groundfish fisheries and for starting point to which the abundance those alternatives and selecting a guidance on submitting effective written index will be applied to determine preferred alternative. Through this public comments. halibut PSC limits for the groundfish document, NMFS is notifying the public The public is invited to participate fisheries in any given year. The starting that an EIS and decision-making process and provide input at Council meetings point could be based on the current PSC for this proposed action have been where the latest scientific information limit or halibut PSC use. initiated so that interested or affected • Maximum and/or minimum PSC regarding the BSAI groundfish fisheries people may participate and contribute is reviewed and alternatives for limits: The control rule could establish to the final decision. a maximum and/or minimum value for abundance-based halibut PSC limits are the halibut PSC limit for groundfish NMFS is seeking written public developed and evaluated. Notice of fisheries. Maximum and/or minimum comments on the scope of issues, future Council meetings will be PSC limits would limit the total amount including potential impacts, and published in the Federal Register and of halibut PSC that can be taken at alternatives that should be considered to on the internet at http:// varying levels of halibut abundance and establish abundance-based halibut PSC www.npfmc.org/. Please visit this could promote the objectives to protect limits for the groundfish fisheries in the website for information and guidance on the halibut spawning stock biomass and BSAI. Written comments should be as participating in Council meetings. provide for directed halibut fishing specific as possible to be the most Authority: 16 U.S.C. 1801 et. seq. operations in the Bering Sea. helpful. Written comments received during the scoping process, including Dated: December 7, 2017. Public Involvement the names and addresses of those Emily H. Menashes, Scoping is an early and open process submitting them, will be considered Acting Director, Office of Sustainable for determining the scope of issues to be part of the public record of this proposal Fisheries, National Marine Fisheries Service. addressed in an EIS and for identifying and will be available for public [FR Doc. 2017–26734 Filed 12–11–17; 8:45 am] the significant issues related to the inspection. Written comments will be BILLING CODE 3510–22–P ethrower on DSK3G9T082PROD with PROPOSALS VerDate Sep<11>2014 16:43 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 9990 E:\FR\FM\12DEP1.SGM 12DEP1


Document Created: 2018-10-25 10:48:53
Document Modified: 2018-10-25 10:48:53
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 of intent to prepare an environmental impact statement; request for written comments.
DatesWritten comments will be accepted through February 16, 2018.
ContactGlenn Merrill, (907) 586-7228 or email [email protected]
FR Citation82 FR 58374 
RIN Number0648-XF85
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