[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Proposed Rules]
[Pages 32525-32527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13066]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BD48


Fisheries of the Exclusive Economic Zone Off Alaska; Chinook 
Salmon Bycatch Management in the Gulf of Alaska Non-Pollock Trawl 
Fishery; Amendment 97

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 97 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (FMP). If approved, Amendment 97 would limit Chinook salmon 
prohibited species catch (PSC) in the Western and Central Gulf of 
Alaska (GOA) non-pollock trawl fisheries. This action would establish 
separate Chinook salmon PSC annual limits for the non-pollock trawl 
catcher vessel (CV) and catcher/processor (C/P) sectors and a seasonal 
limit for the C/P sector. The CV sector PSC limit would be further 
divided between vessels participating in the Central GOA Rockfish 
Program and vessels not participating in the Central GOA Rockfish 
Program. If a sector reached its seasonal or annual Chinook salmon PSC 
limit, NMFS would prohibit further directed fishing for non-pollock 
groundfish by vessels in that sector for the remainder of the season or 
fishing year. This proposed action would also establish salmon 
retention and discard requirements for vessels, shoreside processors 
and stationary floating processors participating in the non-pollock 
groundfish fisheries. The combination of these retention requirements 
will enable accurate reporting of salmon in eLandings at the processor. 
Salmon accounting at a processor may assist the industry in tracking 
and cooperatively managing its Chinook salmon PSC. This action is 
necessary to minimize the catch of Chinook salmon to the extent 
practicable in the Western and Central GOA non-pollock trawl fisheries. 
Amendment 97 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 August 
4, 2014.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2013-0077 by either 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-2013-0077, 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). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.
    Electronic copies of the Environmental Assessment/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: The Magnuson-Stevens Fishery Conservation 
and Management Act (MSA) 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 MSA 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 97 to the FMP is available for public review and comment.
    The groundfish fisheries in the exclusive economic zone of the GOA 
are managed under the FMP. The FMP was prepared by the North Pacific 
Fishery Management Council (Council) under the MSA. Amendment 97 would 
apply Chinook salmon PSC limits to Federally-permitted vessels fishing 
for groundfish other than pollock with trawl gear (non-pollock trawl 
fisheries) in the Western and Central Reporting Areas of the Gulf of 
Alaska (Western and Central 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 Western and Central Regulatory Areas in the exclusive 
economic zone (Statistical Areas 610, 620, and 630) and the adjacent 
waters of the State of Alaska (0 to 3 nm).
    If approved, Amendment 97 would: (1) Establish annual Chinook 
salmon PSC limits for the Trawl C/P, Rockfish Program CV, and Non-
Rockfish Program CV Sectors; (2) establish an ``incentive buffer'' for 
the Trawl C/P and Non-Rockfish Program CV Sectors that would allow 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 was less 
than a specified amount of the sector's limit; (3) establish a seasonal 
limit on the amount of Chinook salmon PSC that could be taken in the 
Trawl C/P Sector

[[Page 32526]]

prior to June 1 of each year; (4) allow the reallocation of unused 
Chinook salmon PSC from the Rockfish Program CV Sector to the Non-
Rockfish Program CV Sector on October 1 and November 15 of each year; 
and (5) establish salmon retention requirements to ensure adequate 
accounting of Chinook salmon PSC, and to improve the collection of 
biological samples that could aid in the determination of stock of 
origin of Chinook salmon PSC in the non-pollock trawl fisheries.
    From 1997 through 2013, the non-pollock trawl fisheries accounted 
for approximately 27 percent of the total trawl fishery Chinook salmon 
PSC in the Western and Central GOA groundfish fisheries. Chinook salmon 
PSC taken in the pollock trawl fisheries accounts for the remaining 
Chinook salmon incidental catch in this area. A previous action, 
Amendment 93 to the FMP, was approved by the Council in June 2011 to 
limit Chinook salmon PSC in the Western and Central GOA pollock trawl 
fisheries. NMFS approved Amendment 93 and issued a final rule to 
implement it on July 20, 2012 (77 FR 42629). Because the Western and 
Central GOA non-pollock trawl fisheries contribute to Chinook salmon 
PSC and are currently the only trawl fisheries without a Chinook salmon 
PSC limit, the Council recommended that Chinook salmon PSC limits 
should be extended to these fisheries. Amendment 97 would establish GOA 
Chinook salmon PSC limits for these non-pollock trawl fisheries to 
prevent high levels of bycatch of this culturally and economically 
important species in the fishery, and to minimize the catch of Chinook 
salmon to the extent practicable in the GOA non-pollock trawl 
fisheries.
    The Council proposed to minimize Chinook salmon bycatch to the 
extent practicable by recommending that Chinook salmon PSC not exceed a 
long-term annual average of 7,500 Chinook salmon and establishing 
Chinook salmon PSC limits for the three non-pollock trawl fishery 
sectors in the Western and Central GOA as follows:
     Rockfish Program CV Sector: 1,200 Chinook salmon.
     Non-Rockfish Program CV Sector: 2,700 Chinook salmon.
     Trawl C/P Sector: 3,600 Chinook salmon.
    The Council recommended the Chinook salmon PSC limits primarily 
because the Analysis showed that they would result in substantial PSC 
savings, while allowing for catch of the available non-pollock 
groundfish TACs in most years (see ADDRESSES).
    Amendment 97 would establish an incentive buffer for the Trawl C/P 
and Non-Rockfish Program CV Sectors. The incentive buffer would allow 
each sector to increase its annual Chinook salmon PSC limit if the 
amount of Chinook salmon PSC taken by the sector in the previous year 
was less than a specified amount of the sector's limit. This provision 
is termed an ``incentive buffer'' because it provides an incentive for 
participants in the Trawl C/P and Non-Rockfish Program CV Sectors to 
minimize PSC below their allocations, 3,600 and 2,700 Chinook salmon 
respectively, during a year to provide additional Chinook salmon PSC in 
the following year. This mechanism is intended to provide an incentive 
to reduce Chinook salmon bycatch in most years in order to receive a 
slightly higher PSC limit for the following year, which would be useful 
in an unusual year of salmon migration patterns or unanticipated higher 
abundance that makes it difficult to avoid Chinook salmon PSC by trawl 
vessels.
    Amendment 97 would allow the reallocation of unused Chinook salmon 
PSC from the Rockfish Program CV Sector to the Non-Rockfish Program CV 
Sector on October 1 and November 15 of each year. An annual 
reallocation of all but 150 Chinook salmon from the Rockfish Program CV 
Sector to the Non-Rockfish Program CV Sector would occur on October 1 
of each year; any remaining Chinook salmon PSC in the Rockfish Program 
CV Sector's apportionment would be reallocated to the Non-Rockfish 
Program CV Sector by November 15 of each year. This reallocation of 
unused PSC would provide some additional harvest opportunity to the 
Non-Rockfish Program CV Sector, depending on the amount reallocated. 
The Council selected this alternative to provide additional Chinook 
salmon PSC to address unanticipated events of high PSC encounters, for 
which the Non-Rockfish Program CVs would generally be unable to 
mitigate before reaching their PSC limit. The Non-Rockfish Program CV 
Sector does not operate under authority of the Rockfish Program and is 
not as likely to be able to voluntarily control or organize fleet 
behavior to adjust fishing patterns for avoiding Chinook salmon PSC. 
This reallocation would accommodate the demonstrated ability of the 
Rockfish Program CV Sector to catch small amounts of Chinook salmon PSC 
in the fall and manage small PSC balances during a season. In some 
years, reallocation provisions from the Rockfish Program CV Sector to 
the Non-Rockfish Program CV Sector may provide additional harvest 
opportunities and reduce the possibility of idling seafood processing 
capacity, which could have negative implications for fishery dependent 
communities.
    Amendment 97 would establish a limit on the maximum amount of 
Chinook salmon PSC that could be used by the Trawl C/P Sector prior to 
June 1 of each year (seasonal allocation). During each year, the Trawl 
C/P Sector would be limited to no more than 66 percent of its annual 
Chinook salmon PSC limit prior to June 1. If, during the fishing year, 
NMFS determines that the Trawl C/P Sector would catch its seasonal 
allocation prior to June 1, NMFS would prohibit directed fishing for 
non-pollock fisheries for the Trawl C/P Sector until June 1. The 
seasonal allocation would ensure that sufficient Chinook salmon PSC 
would be left for the Trawl C/P Sector to participate in the Central 
GOA Rockfish Program, as well as to support other non-pollock trawl 
fisheries occurring later in the year.
    Amendment 97 would require the operators of all trawl CVs and 
tender vessels to retain all salmon, including Chinook salmon caught in 
the non-pollock trawl fisheries in the Western and Central GOA until 
those salmon are delivered to a processing plant. This proposed action 
would also require shoreside processors and SFPs receiving non-pollock 
deliveries to retain all salmon until the number of salmon by species 
has been accurately recorded in the eLandings groundfish landing 
report. This proposed action would require the operators of vessels in 
the Trawl C/P Sector to retain all salmon until an observer has had the 
opportunity to collect scientific data or biological samples, and the 
number of salmon by species has been accurately recorded in the 
eLandings At-sea production report. The full retention requirement 
would not modify the observer duties or the method by which NMFS 
calculates fleet-wide Chinook salmon PSC estimates. There may be an 
increase in biological sampling at the plants with full retention. NMFS 
would continue to calculate Chinook salmon PSC numbers, and would 
manage PSC limits for Chinook salmon, using the existing system of 
extrapolating catch rates from observed vessels to the unobserved 
portion of the non-pollock trawl fleet.
    The proposed action addresses the MSA National Standards and would 
balance a number of competing objectives for fishery conservation and 
management and the needs of different user groups. Specifically, the 
Council

[[Page 32527]]

determined and NMFS agrees that this action would achieve balance and 
consistency with both National Standard 9 and National Standard 1. 
National Standard 9 requires that conservation and management measures 
shall, to the extent practicable, minimize bycatch. National Standard 1 
requires that conservation and management measures shall prevent 
overfishing while achieving, on a continuing basis, the optimum yield 
from each fishery for the U.S. fishing industry. Amendment 97 is 
intended to allow the full prosecution of the non-pollock trawl 
fisheries in the Western and Central GOA in most years, while limiting 
the fisheries in some years if necessary to prevent events of unusually 
high Chinook salmon PSC in these areas.
    NMFS is soliciting public comments on proposed Amendment 97 through 
the end of the comment period (see DATES). NMFS intends to publish in 
the Federal Register and seek public comment on a proposed rule that 
would implement Amendment 97 following NMFS' evaluation of the proposed 
rule under the MSA. Public comments on the proposed rule must be 
received by the end of the comment period on Amendment 97 to be 
considered in the approval/disapproval decision on Amendment 97. NMFS 
will consider all comments received by the end of the comment period on 
Amendment 97, 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 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: June 2, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-13066 Filed 6-4-14; 8:45 am]
BILLING CODE 3510-22-P