Proposed Rule2024-08629

Fisheries of the Exclusive Economic Zone Off Alaska; Essential Fish Habitat Amendments

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
April 23, 2024

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

The North Pacific Fishery Management Council (Council) submitted amendment 127 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI), amendment 115 to the FMP for Groundfish of the Gulf of Alaska (GOA), amendment 56 to the FMP for BSAI King and Tanner Crabs, amendment 17 to the FMP for the Salmon Fisheries in the exclusive economic zone (EEZ) Off Alaska, and amendment 3 to the FMP for Fish Resources of the Arctic Management Area (amendments) to the Secretary of Commerce for review. If approved, these amendments would revise the FMPs by updating the description and identification of essential fish habitat (EFH) and updating information on adverse impacts to EFH based on the best scientific information available. These amendments are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMPs, and other applicable laws.

Full Text

<html>
<head>
<title>Federal Register, Volume 89 Issue 79 (Tuesday, April 23, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Proposed Rules]
[Pages 30318-30319]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08629]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[RTID 0648-XD632]


Fisheries of the Exclusive Economic Zone Off Alaska; Essential 
Fish Habitat Amendments

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

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

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

SUMMARY: The North Pacific Fishery Management Council (Council) 
submitted amendment 127 to the Fishery Management Plan (FMP) for 
Groundfish of the Bering Sea and Aleutian Islands Management Area 
(BSAI), amendment 115 to the FMP for Groundfish of the Gulf of Alaska 
(GOA), amendment 56 to the FMP for BSAI King and Tanner Crabs, 
amendment 17 to the FMP for the Salmon Fisheries in the exclusive 
economic zone (EEZ) Off Alaska, and amendment 3 to the FMP for Fish 
Resources of the Arctic Management Area (amendments) to the Secretary 
of Commerce for review. If approved, these amendments would revise the 
FMPs by updating the description and identification of essential fish 
habitat (EFH) and updating information on adverse impacts to EFH based 
on the best scientific information available. These amendments are 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), the 
FMPs, and other applicable laws.

DATES: Comments on the amendments must be received no later than June 
24, 2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0160, by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter [NOAA-NMFS-2023-0160] in the Search box 
(note: copying and pasting the FDMS Docket Number directly from this 
document may not yield search results). Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.
    <bullet> Mail: Submit written comments to Gretchen Harrington, 
Assistant Regional Administrator, Sustainable Fisheries Division, 
Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box 
21668, Juneau, AK 99802-1668.
    <bullet> 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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 the amendments, maps of the EFH areas, and the 
Environmental Assessment (the analysis) prepared for this action may be 
obtained from <a href="https://www.regulations.gov">https://www.regulations.gov</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

[[Page 30319]]

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 notice in the Federal Register announcing that 
the amendment is available for public review and comment. The Council 
has submitted these amendments to the Secretary for review. This notice 
announces that proposed amendment 127 to the FMP for Groundfish of the 
BSAI (BSAI Groundfish FMP); proposed amendment 115 to the FMP for 
Groundfish of the GOA (GOA Groundfish FMP); proposed amendment 56 to 
the FMP for BSAI King and Tanner Crabs (Crab FMP); proposed amendment 
17 to the FMP for the Salmon Fisheries in the EEZ Off Alaska (Salmon 
FMP); and proposed amendment 3 to the FMP for Fish Resources of the 
Arctic Management Area (Arctic FMP) are available for public review and 
comment.
    The Council prepared the FMPs under the authority of the Magnuson-
Stevens Act. Regulations governing U.S. fisheries and implementing the 
FMPs appear at 50 CFR parts 600, 679, and 680. Section 303(a)(7) of the 
Magnuson-Stevens Act requires that each FMP describe and identify EFH, 
minimize to the extent practicable the adverse effects of fishing on 
EFH, and identify other measures to encourage the conservation and 
enhancement of EFH. Section 3(10) of the Magnuson-Stevens Act defines 
EFH as ``those waters and substrate necessary to fish for spawning, 
breeding, feeding, or growth to maturity.'' Implementing regulations at 
50 CFR 600.815 list the EFH contents required in each FMP and direct 
councils to conduct a complete review of all EFH information at least 
once every 5 years (referred to here as ``the 5-year review'').
    The Council developed the amendments as a result of new scientific 
information made available through the 5-year review that began in 2019 
(2023 5-year review) and adopted the amendments in December 2023. The 
2023 5-year review is the Council's fourth review of EFH in the FMPs. 
Prior 5-year reviews were completed in 2005, 2012, and 2018. The 
Council recommended amendments to the description and identification of 
EFH in the FMPs with new information and improved mapping as described 
in the draft EFH 5-year Summary Report for the 2023 5-year review. The 
Council also recommended updates to EFH information based on the best 
available information in the Summary Report. The Council recommended 
updates to EFH for all FMPs except for the Scallop FMP because no new 
information is available to update EFH descriptions for scallops.
    The amendments would make the following changes to the FMPs:
    <bullet> BSAI Groundfish FMP, GOA Groundfish FMP, Crab FMP, and 
Arctic FMP: update EFH descriptions and maps, including up to EFH Level 
3 information on habitat-related vital rates (see 50 CFR 
600.815(a)(1)(iii)(A)). Add or revise the EFH text descriptions and add 
or replace the maps for--
    [cir] 41 species or complexes in the BSAI Groundfish FMP;
    [cir] 46 species or complexes in the GOA Groundfish FMP;
    [cir] all five species in the Crab FMP; and
    [cir] all three species in the Arctic FMP.
    <bullet> Salmon FMP: replace the distribution maps for all five 
species with the EFH maps.
    <bullet> BSAI Groundfish FMP, GOA Groundfish FMP, and Crab FMP: 
changes based on the updated information for fishing effects (FE) to 
reflect updates to the FE model, analysis, and evaluation.
    <bullet> BSAI Groundfish FMP, GOA Groundfish FMP, Crab FMP, and 
Arctic FMP: revise the EFH appendices where conservation 
recommendations for non-fishing activities are described.
    <bullet> BSAI Groundfish FMP, GOA Groundfish FMP, and Crab FMP: 
revise prey species descriptions for two species of BSAI sharks, BSAI 
pollock, GOA Pacific cod, and BSAI red king crab.
    <bullet> BSAI Groundfish FMP, GOA Groundfish FMP, Crab FMP, and 
Arctic FMP: revise EFH appendices with updated research and information 
needs.
    NMFS is soliciting public comments on the proposed amendments 
through the end of the comment period (see DATES). All relevant written 
comments received by the end of the applicable comment period will be 
considered by NMFS in the approval/partial approval/disapproval 
decision for the amendments 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/partial approval/
disapproval decision on the amendments. 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: April 18, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-08629 Filed 4-22-24; 8:45 am]
BILLING CODE 3510-22-P


</pre></body>
</html>
Indexed from Federal Register on April 23, 2024.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.