Proposed Rule2022-07788
Fisheries Off West Coast States; West Coast Salmon Fisheries; Standardized Bycatch Reporting Methodology Amendments to the Fishery Management Plans for Coastal Pelagic Species, West Coast Highly Migratory Species, and Pacific Coast Salmon
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Published
April 12, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Pacific Fishery Management Council (Council) submitted to NMFS three fishery management plan (FMP) amendments: Amendment 19 to the FMP for Coastal Pelagic Species (CPS FMP), Amendment 7 to the FMP for the West Coast Highly Migratory Species (HMS FMP), and Amendment 22 to the FMP for Pacific Coast Salmon Fisheries (Salmon FMP) (collectively Amendments). If approved by the Secretary of Commerce (Secretary), these Amendments would add to or modify language in the CPS, HMS, and Salmon FMPs to more clearly describe and align the FMPs with the way bycatch is currently reported in the fisheries managed by the Council. These Amendments are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act); the CPS, HMS, and Salmon FMPs; and other applicable laws.
Full Text
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<title>Federal Register, Volume 87 Issue 70 (Tuesday, April 12, 2022)</title>
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[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Proposed Rules]
[Pages 21603-21605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07788]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[RTID 0648-XB763]
Fisheries Off West Coast States; West Coast Salmon Fisheries;
Standardized Bycatch Reporting Methodology Amendments to the Fishery
Management Plans for Coastal Pelagic Species, West Coast Highly
Migratory Species, and Pacific Coast Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendments; request for comments.
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SUMMARY: The Pacific Fishery Management Council (Council) submitted to
NMFS three fishery management plan (FMP) amendments: Amendment 19 to
the FMP for Coastal Pelagic Species (CPS FMP), Amendment 7 to the FMP
for the West Coast Highly Migratory Species (HMS FMP), and Amendment 22
to the FMP for Pacific Coast Salmon Fisheries (Salmon FMP)
(collectively Amendments). If approved by the Secretary of Commerce
(Secretary), these Amendments would add to or modify language in the
CPS, HMS, and Salmon FMPs to more clearly describe and align the FMPs
with the way bycatch is currently reported in the fisheries managed by
the Council. These Amendments are intended to promote the goals and
objectives of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act); the CPS, HMS, and Salmon FMPs; and other
applicable laws.
DATES: Comments on the Amendments must be received by June 13, 2022.
[[Page 21604]]
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0014, by the following method:
<bullet> Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter NOAA-NMFS-2022-0014 in the Search box. Click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments should specify to which FMP (CPS, HMS, or
Salmon) each comment refers. Comments must be submitted by the above
method to ensure that the comments are received, documented, and
considered by NMFS. 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. All comments received are a part of the public
record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous).
Electronic copies of proposed Amendments and the National
Environmental Policy Act (NEPA) Categorical Exclusion are available on
the NMFS website at <a href="https://www.fisheries.noaa.gov/action/standardized-bycatch-reporting-methodology-amendments-fishery-management-plans-coastal">https://www.fisheries.noaa.gov/action/standardized-bycatch-reporting-methodology-amendments-fishery-management-plans-coastal</a>. Additional documents can be found on the Council's website at
<a href="http://www.pcouncil.org">www.pcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: For CPS--Taylor Debevec at (562) 980-
4066 or <a href="/cdn-cgi/l/email-protection#3f4b5e4653504d115b5a5d5a495a5c7f51505e5e11585049"><span class="__cf_email__" data-cfemail="4236233b2e2d306c26272027342721022c2d23236c252d34">[email protected]</span></a>. For HMS-- Celia Barroso at (562) 432-
1850 or <a href="/cdn-cgi/l/email-protection#b5d6d0d9dcd49bd7d4c7c7dac6daf5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="355650595c541b575447475a465a755b5a54541b525a43">[email protected]</span></a>. For Salmon--Jeromy Jording at (360)
763-2268 or <a href="/cdn-cgi/l/email-protection#610b04130e0c184f0b0e1305080f06210f0e00004f060e17"><span class="__cf_email__" data-cfemail="e9838c9b868490c783869b8d80878ea987868888c78e869f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
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.
16 U.S.C. 1854(a). 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. 16 U.S.C. 1854(a)(1)(B). The Council has submitted
the Amendments to the Secretary for review. This notification announces
that the proposed Amendments are available for public review and
comment.
NMFS manages the CPS, HMS, and salmon fisheries in the Pacific
Coast exclusive economic zone under the CPS, HMS, and Salmon FMPs,
respectively. 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 and
660.
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 regulations at 50 CFR 600.1600 through
50 CFR 600.1610 for compliance with the Magnuson-Stevens Act SBRM
requirement (SBRM regulations). The SBRM regulations require regional
fishery management councils, in coordination with NMFS, to review their
FMPs and make any necessary changes so all FMPs are consistent with the
guidance.
The SBRM regulations define an SBRM as a consistent procedure or
procedures used to collect, record, and report bycatch data in a
fishery managed under an FMP. 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 SBRM
regulations require that an FMP identify the required procedure that
constitutes the SBRM for the fishery and explain how the procedure
meets the purpose to collect, record, and report bycatch data.
The SBRM regulations require the Council to explain how each FMP's
SBRM meets the purpose described in the national guidelines, 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. The regulations
further require that all FMPs be made consistent with the rule in early
2022. The Council therefore undertook a review of its FMPs to ensure
they meet this requirement.
At its June 2021 meeting, the Council received a report from the
staff, informed by the Council's management teams' review of the SBRM
language in the FMPs (SBRM Scoping Report) (<a href="https://www.pcouncil.org/documents/2021/06/c-2-attachment-2-sbrm-scoping-report.pdf/">https://www.pcouncil.org/documents/2021/06/c-2-attachment-2-sbrm-scoping-report.pdf/</a>). The SBRM
Scoping Report described the SBRM language in each FMP and made initial
recommendations on the consistency of the FMPs with the SBRM
regulations. The SBRM Scoping Report demonstrated that the Council's
FMP for Pacific Coast Groundfish clearly described SBRM for that
fishery consistent with the SBRM regulations, and that no modification
was needed to address the requirements and guidance in the 2017 rule.
However, the SBRM Scoping Report recommended that additions and
modifications were needed in the CPS, HMS, and Salmon FMPs to clearly
and accurately describe SBRM for those fisheries, consistent with the
SBRM regulations. The SBRM Scoping Report also concluded that it was
necessary to address one or more of the considerations, described in
the SBRM regulations, in the CPS, HMS and Salmon FMPs. At its September
2021 meeting, the Council adopted, for public review, draft revisions
to the CPS, HMS, and Salmon FMPs recommended by the CPS Management
Team, HMS Management Team, and Salmon Technical Team, respectively, to
address the SBRM regulations (<a href="https://www.pcouncil.org/september-2021-decision-document/">https://www.pcouncil.org/september-2021-decision-document/</a>).
The Council took final action at its November 2021 meeting,
adopting amendments to the CPS, HMS, and Salmon FMPs to ensure these
FMPs are consistent with the SBRM regulations, and that they clearly
and accurately describe SBRM for those fisheries. Specific discussion
of these FMP amendments are provided below under the appropriate FMP
heading.
The Council's Amendments would not add any new reporting
requirements and would not change any regulatory requirements. This
action would only add to or modify language in the CPS, HMS, and Salmon
FMPs to more clearly describe and align with how bycatch is currently
reported in the fisheries managed by the Council. Each FMP was
considered by the respective Council
[[Page 21605]]
advisory bodies, which made their recommendations to the Council.
Noting that the Council may have taken a different approach to
addressing the four factors the SBRM regulations require Councils to
address with respect to SBRM for each of the FMPs, a brief background
on the rationale for how the respective proposed amendments satisfy the
requirements of the SBRM regulations is included below.
CPS FMP Amendment 19
The existing CPS FMP generally describes SBRM and data collection.
Additional details on bycatch data collection for CPS FMP fisheries are
included in the CPS Stock Assessment and Fishery Evaluation (SAFE)
document. However, some details were lacking on considerations
described in the SBRM regulations (e.g., data uncertainty). The
Council's proposed amendments seek to ensure the four considerations in
the SBRM regulations are clearly described in the FMP. Based on the
Council's recommendations, NMFS proposes to create a new section of the
FMP (2.6) and add information to other parts of section 2 of the FMP to
more clearly describe the SBRM for CPS fisheries, including an
evaluation of the four considerations for determining that the SBRM
meets the stated purpose of the SBRM regulations.
HMS FMP Amendment 7
The existing HMS FMP generally describes SBRM and data collection.
Additional details on bycatch data collection for HMS FMP fisheries are
included in Appendix C and the HMS SAFE documents. However, for some of
the fisheries, details were lacking on considerations described in the
SBRM regulations (e.g., data use and feasibility). The Council's
proposed amendments seek to ensure the four considerations in the SBRM
regulations are adequately described in the FMP. Based on the Council's
recommendations, NMFS proposes to amend Section 6.3 of the HMS FMP to
more clearly describe the SBRM for each HMS fishery, including an
evaluation of the four considerations for determining that the SBRM
meets the stated purpose of the SBRM regulations.
Salmon FMP Amendment 22
The existing Salmon FMP generally describes SBRM and data
collection. Additional details on bycatch data collection for Salmon
FMP fisheries are included in the Salmon SAFE documents. However,
details are lacking on considerations described in the SBRM regulations
(e.g., describing scientific uncertainty in procedures used to collect,
record, report, and assess salmon). Additionally, the description of
SBRM in the salmon FMP lacked some important information about how SBRM
is currently implemented in the fishery. The Council's proposed
amendment would ensure the four considerations in the SBRM regulations
are adequately addressed in the FMPs. The amendment would also clarify
and update the description of how SBRM is implemented in the fishery.
NMFS proposes to approve the Council's proposed amendment to Section
3.5 of the Salmon FMP to more clearly describe the SBRM for the
fishery, and to address the four considerations for determining that
the SBRM meets the stated purpose of the SBRM regulations.
All comments received by the end of the comment period on the
Amendments (see DATES and ADDRESSES above) will be considered in the
Secretary's decision to approve, disapprove, or partially approve this
amendment. To be considered in this decision, comments must be received
by close of business on the last day of the comment period; that does
not mean postmarked or otherwise transmitted by that date.
Additionally, each comment should specify to which FMP the comment
refers.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 7, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-07788 Filed 4-11-22; 8:45 am]
BILLING CODE 3510-22-P
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