[Federal Register Volume 83, Number 59 (Tuesday, March 27, 2018)]
[Proposed Rules]
[Pages 13117-13118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06084]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / 
Proposed Rules  

[[Page 13117]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BH05


Fisheries of the Exclusive Economic Zone Off Alaska; 
Reclassifying Squid Species in the BSAI and GOA

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

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

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SUMMARY: The North Pacific Fishery Management Council submitted 
Amendment 117 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (BSAI FMP) and 
Amendment 106 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA FMP), (collectively Amendments 117/106) to the Secretary 
of Commerce for review. If approved, Amendments 117/106 would classify 
squid in these fishery management plans (FMPs) under the ecosystem 
component (EC) category. This action is necessary to ensure the squid 
complex is accurately classified in the FMPs based on the best 
available scientific information. Amendments 117/106 are intended to 
promote the goals and objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act, the FMPs, and other applicable laws.

DATES: Comments must be received no later than May 29, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0090, 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-2017-0090, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of Amendments 117/106 and the Environmental 
Assessment/Regulatory Impact Review prepared for this action 
(collectively the ``Analysis'') may be obtained from 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each regional 
fishery management council (``regional 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 
notice in the Federal Register announcing that the amendment is 
available for public review and comment. This notice announces that 
proposed Amendments 117/106 to the FMPs are available for public review 
and comment.
    NMFS manages the groundfish fisheries in the exclusive economic 
zone under the FMPs. The North Pacific Fishery Management Council 
(Council) prepared the FMPs under the authority of the Magnuson-Stevens 
Act, 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and 
implementing the FMPs appear at 50 CFR parts 600 and 679.
    Section 3.1.2 of the FMPs define two broad classifications for 
stocks or stock complexes (i.e., species or species groups). The first 
classification is for stocks ``in the fishery'' that include target 
stocks in need of conservation and management that fishers seek to 
catch, and non-target stocks in need of conservation and management 
that are caught incidentally during the pursuit of target stocks. The 
second classification is for ecosystem component (EC) species that do 
not require conservation and management, but may be listed in an FMP in 
order to achieve ecosystem management objectives. Under the groundfish 
FMPs, NMFS must establish an overfishing level (OFL), an acceptable 
biological catch (ABC) and a total allowable catch (TAC) for each stock 
or stock complex (i.e., species or species group) that are not in the 
EC.
    The FMPs define the OFL as the level above which overfishing is 
occurring for a species or species group. NMFS manages fisheries in an 
effort to ensure that no OFLs are exceeded in any year. The FMPs define 
the ABC as the level of a species or species group's annual catch that 
accounts for the scientific uncertainty in the estimate of OFL and any 
other scientific uncertainty. The ABC cannot exceed the OFL. The FMPs 
define the TAC as the annual catch target for a species or species 
group, derived from the ABC by considering social and economic factors 
and management uncertainty.
    In 2010, Amendments 96/87 to the BSAI and GOA FMPs, respectively, 
established the EC category and designated prohibited species (salmon, 
steelhead trout, crab, halibut, and herring) and forage fish species 
(as defined in Table 2c to 50 CFR part 679 and Sec.  679.20(i)) as EC 
species in the groundfish FMPs. Additional detail is provided in the 
final rule implementing Amendments 96/87, and is not repeated here (75 
FR 61639, October 6, 2010).
    In 2015, NMFS implemented Amendments 100/91 to the BSAI and GOA 
FMPs, respectively, to add grenadiers (family Macrouridae) to the EC 
category (80 FR 11897, March 5, 2015). The Council and NMFS added 
grenadiers to the FMPs in the EC category because grenadiers did not 
require conservation and management,

[[Page 13118]]

but acknowledged their role in the ecosystem and limited the groundfish 
fisheries' potential impact on grenadiers. Adding grenadiers to the EC 
category allowed for improved data collection and catch monitoring 
appropriate for grenadiers given their abundance, distribution, and 
catch. Additional detail is provided in the final rule implementing 
Amendments 100/91, and is not repeated here (80 FR 11897, March 5, 
2015).
    Squids are currently classified as ``in the fishery'' in section 
3.1.2 of the groundfish FMPs. Since 2010, the Council's non-target 
committee, Plan Teams, and Scientific and Statistical Committee have 
recommended that the Council explore reclassifying squids as EC 
category species because there is no demand for squid and squid have 
not been targeted or open to directed fishing in either the BSAI or GOA 
for many years (see Analysis section 1.2). Further, there is no 
conservation concern for squids because they are extremely short-lived 
and highly productive, the current fishing mortality is considered 
insignificant at a population level, and they are unlikely to be 
overfished in the absence of a directed fishery (see Analysis section 
3.2.5).
    Under the groundfish FMPs, NMFS must establish an overfishing level 
(OFL), an acceptable biological catch (ABC) and a TAC for squids. 
Current OFLs and ABCs for squids are based on average catch 
calculations. While these limits are based on the best available 
scientific information, they are poorly linked to abundance. Most 
squids in the BSAI and GOA are associated with the pelagic environment, 
occurring in the water column and are almost certainly underestimated 
as described in section 3.2 of the Analysis.
    Because squid have only been taken as incidental catch in recent 
years, historical removal levels are likely to be much lower than 
maximum sustainable yield. Ecosystem models indicating the amount of 
predator consumption of squids in the BSAI and GOA, provide further 
evidence that the catch-based estimates of OFLs and ABCs for squids are 
highly underestimated (see section 3.2.2 of the Analysis).
    Under the current stock classification for squids, if the total TAC 
of squid is caught in the BSAI or GOA, retention is prohibited in that 
management area for the remainder of the year. If directed fisheries 
for groundfish species which incidentally catch squid would cause squid 
to exceed its OFL, NMFS may close those fisheries to directed fishing 
for those groundfish species in a management area to prevent exceeding 
the squid OFL (see regulations at Sec.  679.20(d)(3)).
    Section 3.2.3 of the Analysis provides a detailed description of 
incidental catch of squids in the BSAI and GOA groundfish fisheries. 
Historically, the Bering Sea pollock fishery has taken the largest 
amount of squids relative to the TAC, ABC, and OFL for BSAI squids. 
Although NMFS has not closed the Bering Sea pollock fishery, or other 
groundfish fisheries in the BSAI or GOA, to directed fishing to prevent 
exceeding an OFL for squids, the Bering Sea pollock fishery has 
undertaken measures to avoid the incidental harvest of squids and 
exceeding the OFL for squids in the BSAI.
    Section 302(h)(1) of the Magnuson-Stevens Act requires a council to 
prepare an FMP for each fishery under its authority that is in need of 
conservation and management. ``Conservation and management'' is defined 
in section 3(5) of the Magnuson-Stevens Act. The National Standard (NS) 
guidelines at Sec.  600.305(c) (revised on October 18, 2016, 81 FR 
71858), provide direction for determining which stocks will require 
conservation and management and provide direction to regional councils 
and NMFS for how to consider these factors in making this 
determination. Specifically, the guidelines direct regional councils 
and NMFS to consider a non-exhaustive list of ten factors when deciding 
whether stocks require conservation and management.
    Section 2.2.1 in the Analysis considers each of the ten factors' 
relevance to squids. The analysis showed that squids are an important 
component of the marine environment, particularly due to their 
importance as prey for marine mammals, fish and other squids. However, 
despite being classified as a target species, there are currently no 
directed fisheries for squids. Squids are not important to commercial, 
recreational or subsistence users, and the fisheries for BSAI and GOA 
squids are not an important fishery to the Nation or regional economy. 
There are no developing fisheries for squids in the EEZ off Alaska nor 
in waters of the State of Alaska (State). Currently, the State adopts 
the MRAs established in the Federal fisheries for fisheries in State 
waters. In the absence of a directed fishery, squids are unlikely to 
become overfished. Therefore, maintaining squids in the FMPs for 
conservation and management is not likely to improve or maintain the 
condition of the stock.
    In June of 2017, the Council recommended and NMFS proposes 
Amendments 117/106 to reclassify squids as EC category species in the 
FMPs. Based on a review of the scientific information, and after 
considering the revised NS guidelines, the Council and NMFS determined 
that squids are not in need of conservation and management, and that 
classifying squids in the EC category is an appropriate action.
    While the Council determined that squids are not in need of 
conservation and management as defined by the Magnuson-Stevens Act, and 
after considering the revised NS guidelines, the Council and NMFS 
determined that there are benefits to retaining squids as an EC species 
complex in the FMPs, especially given their ecological importance in 
the BSAI and GOA.
    Amendments 117/106 would amend section 3.1.2 of the FMPs to 
establish the squids EC species complex in the FMPs. Amendments 117/106 
would allow NMFS to prohibit directed fisheries for squids and limit 
the retention and commercial exchange of squids. By virtue of being 
classified as EC species, catch specifications for squids (OFL, ABC, 
and TAC) would no longer be required.
    NMFS is soliciting public comments on proposed Amendments 117/106 
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 Amendments 117/106, following NMFS' 
evaluation of the proposed rule under the Magnuson-Stevens Act.
    Respondents do not need to submit the same comments on Amendments 
117/106 and the proposed rule. All relevant written comments received 
by the end of the applicable comment period, whether specifically 
directed to the FMP amendments or the proposed rule will be considered 
by NMFS in the approval/disapproval decision for Amendments 117/106 and 
addressed in the response to comments in the final decision. Comments 
received after end of the applicable comment period will not be 
considered in the approval/disapproval decision on Amendments 117/106. 
To be considered, comments must be received, not just postmarked or 
otherwise transmitted, by the last day of the comment period (see 
DATES).

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

    Dated: March 22, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-06084 Filed 3-26-18; 8:45 am]
 BILLING CODE 3510-22-P