[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Proposed Rules]
[Pages 58374-58377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26734]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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