Rule2021-20089
Fisheries of the Exclusive Economic Zone Off Alaska; Standardized Bycatch Reporting Methodology Amendments to the Fishery Management Plans for the Bering Sea/Aleutian Islands King and Tanner Crabs, Scallops, and Salmon
Primary source
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Published
September 17, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the approval of Amendment 51 to the Fishery Management Plan (FMP) for Bering Sea/Aleutian Islands (BSAI) King and Tanner Crabs (Crab FMP), Amendment 17 to the FMP for the Scallop Fishery Off Alaska (Scallop FMP), and Amendment 15 to the FMP for the Salmon Fisheries in the EEZ Off Alaska (Salmon FMP) (collectively Amendments). These Amendments add to or modify language in the Crab, Scallop, and Salmon FMPs to more transparently reflect and align the FMPs with the way bycatch is currently reported in the fisheries managed by the North Pacific Fishery Management Council (Council). These Amendments are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act); the Crab, Scallop, and Salmon FMPs; and other applicable laws.
Full Text
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<title>Federal Register, Volume 86 Issue 178 (Friday, September 17, 2021)</title>
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[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Rules and Regulations]
[Pages 51833-51834]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20089]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[RTID 0648-XA980]
Fisheries of the Exclusive Economic Zone Off Alaska; Standardized
Bycatch Reporting Methodology Amendments to the Fishery Management
Plans for the Bering Sea/Aleutian Islands King and Tanner Crabs,
Scallops, and Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of agency decision.
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SUMMARY: NMFS announces the approval of Amendment 51 to the Fishery
Management Plan (FMP) for Bering Sea/Aleutian Islands (BSAI) King and
Tanner Crabs (Crab FMP), Amendment 17 to the FMP for the Scallop
Fishery Off Alaska (Scallop FMP), and Amendment 15 to the FMP for the
Salmon Fisheries in the EEZ Off Alaska (Salmon FMP) (collectively
Amendments). These Amendments add to or modify language in the Crab,
Scallop, and Salmon FMPs to more transparently reflect and align the
FMPs with the way bycatch is currently reported in the fisheries
managed by the North Pacific Fishery Management Council (Council).
These Amendments are intended to promote the goals and objectives of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act); the Crab, Scallop, and Salmon FMPs; and other applicable
laws.
DATES: The Amendments were approved on September 13, 2021.
ADDRESSES: Electronic copies of the Amendments, the Categorical
Exclusion, and the Analysis prepared for this action may be obtained
from <a href="http://www.regulations.gov">www.regulations.gov</a> or from the NMFS Alaska Region website at
<a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907-586-7228.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each
regional fishery management council submit any FMP 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 an FMP amendment,
immediately publish a document in the Federal Register announcing that
the amendment is available for public review and comment.
The Notice of Availability (NOA) for the Amendments was published
in the Federal Register on June 14, 2021 (86 FR 31474) with a 60-day
comment period that ended on August 13, 2021. NMFS received no comments
during the public comment period on the NOA.
NMFS determined that the Amendments are consistent with the
Magnuson-Stevens Act and other applicable laws, and the Secretary
approved the Amendments on September 13, 2021. The June 14, 2021, NOA
contains additional information on this action. No changes to Federal
regulations are necessary to implement the Amendments.
NMFS manages the crab, scallop, and salmon fisheries in Alaska's
exclusive economic zone under the Crab, Scallop, and Salmon FMPs. The
Council prepared these 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, 679, and 680.
Section 303(a)(11) of the Magnuson-Stevens Act requires that any
FMP establish a standardized bycatch reporting methodology (SBRM) to
assess the amount and type of bycatch occurring in the fishery, and
include conservation and management measures that, to the extent
practicable and in the following priority: (A) Minimize bycatch, and
(B) minimize the mortality of bycatch that cannot be avoided (16 U.S.C.
1853(a)(11)).
On January 19, 2017, NMFS published a final rule (82 FR 6317)
establishing national guidance for compliance with this requirement. As
required by 50 CFR 600.1610(b), regional fishery management councils,
in coordination with NMFS, must review their FMPs and make any
necessary changes so all FMPs are consistent with the guidance by
February 21, 2022.
The national guidance, codified at 50 CFR 600.1605(a), defines an
SBRM as ``an established, consistent procedure or procedures used to
collect, record, and report bycatch data in a fishery.'' This
information, in conjunction with other relevant sources, is used to
assess the amount and type of bycatch occurring in the fishery and
inform the development of conservation and management measures to
minimize bycatch. The regulations require that an FMP identify the
required procedure or procedures that constitutes the SBRM for the
fishery and explain how the procedure meets the purpose to collect,
record, and report bycatch data.
The SBRM final rule requires the Council to explain how the SBRMs
meet the stated purpose in the rule based on an analysis of four
considerations: (1) Characteristics of bycatch in the fishery, (2) the
feasibility of the reporting methodology, (3) the uncertainty of data
resulting from the methodology, and (4) how the data will be used to
assess the amount and type of bycatch occurring in the fishery (50 CFR
600.1610(a)). The Council must address these considerations when
reviewing or establishing an SBRM.
In February 2020, the Council received a report on current FMPs
managed by the Council and their consistency with the SBRM final rule.
At that meeting, the Council determined that the FMPs for Groundfish of
the Bering Sea and Aleutian Islands Management Area, Groundfish of the
Gulf of Alaska, and Fish Resources of the Arctic Management Area were
in compliance with the SBRM final rule. The Council also determined
that the Crab, Scallop, and Salmon FMPs needed to be updated to
explicitly identify the SBRMs to be consistent with the SBRM final rule
and should therefore be amended.
The Council took final action at its February 2021 meeting. In
taking final action, the Council noted that changes to the Crab,
Scallop, and Salmon FMPs were necessary to ensure those FMPs are
consistent with the Magnuson-Stevens Act and the SBRM final rule.
During deliberation, the Council recognized that the Crab, Scallop, and
Salmon FMPs currently contain management measures such as the State of
Alaska (State)'s Scallop and Crab Observer Programs, industry reports,
and fish tickets that provide SBRMs consistent with the national
guidance. However, these are not explicitly identified as the SBRM in
each FMP.
The Council recommended the three FMPs be amended to explicitly
state the SBRMs and explain how they meet the purpose of collecting,
recording, and reporting bycatch data. The Council also noted that the
descriptions of the management measures that contribute to the SBRM
(such as the Crab Observer Program) may be outdated. The Council
indicated that the description of these management measures may be
updated as the FMPs are amended by this action, and any such updates
will be consistent with the SBRM regulations and be done in
coordination with the State. Updates to the language of management
measures for SBRM consistency will not add any new reporting
requirements.
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This action does not add any new reporting requirements and does
not change any regulatory requirements. This action only adds to or
modifies language in the Crab, Scallop, and Salmon FMPs to more
transparently reflect and align with how bycatch is currently reported
in the fisheries managed by the Council by explicitly stating the SBRM
in each fishery.
Crab FMP
The combination of the Crab Observer Program and industry reports
provides a standard reporting methodology that is consistent with the
SBRM final rule. Descriptions of these management measures currently
exist in the Crab FMP; however, the FMP needed to be amended to
explicitly identify these methodologies as the SBRM. Amendment 51 to
the Crab FMP adds language to Sections 8.1.2, 8.3.1, and 8.3.7 of the
FMP to identify the existing SBRM and to explain how it meets the
purpose of collecting, recording, and reporting bycatch.
Scallop FMP
The combination of industry reports and the Scallop Observer
Program provides a standard reporting methodology that is consistent
with the SBRM final rule. Descriptions of these management measures
currently exist in the Scallop FMP; however, the FMP needed to be
amended to explicitly identify these methodologies as the SBRM.
Amendment 17 to the Scallop FMP adds language to Section 3.2.12 of the
FMP to identify the SBRM and explain how it meets the purpose of
collecting, recording, and reporting bycatch.
Salmon FMP
Fish tickets are the standardized reporting methodology in place
for reporting catch of salmon species that are subject to maximum
retainable amounts. The Statewide Harvest Survey and creel surveys, as
well as the Saltwater Guide Logbooks, are the standardized reporting
methodology in place for reporting in the salmon sport fishery and the
guided sport fishery. However, the Salmon FMP needed to be amended in
order to explicitly identify these methodologies as the SBRM. Amendment
15 to the Salmon FMP adds language to Section 8.1.8 of the FMP (Bycatch
Management) to identify the SBRM and explain how it meets the purpose
of collecting, recording, and reporting bycatch in the directed
commercial salmon fishery. In addition, Amendment 15 adds language to
Section 8.1.9 (Sport Fisheries) to identify the SBRM for the salmon
sport fishery.
Comments and Responses
During the public comment period for the NOA for the Amendments,
NMFS received no comments. NMFS is not disapproving any part of the
Amendments.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 13, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-20089 Filed 9-16-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 17, 2021.
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