[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Proposed Rules]
[Pages 31474-31476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12373]


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

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SUMMARY: The North Pacific Fishery Management Council (Council) 
submitted 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 Exclusive 
Economic Zone (EEZ) Off Alaska (Salmon FMP) (collectively Amendments). 
If approved, these Amendments would 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 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: Comments on the Amendments must be received no later than August 
13, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0036, by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2021-0036 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    <bullet> Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries

[[Page 31475]]

Division, Alaska Region NMFS, Attn: Records Office. 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 proposed Amendments, the draft Categorical 
Exclusion, and the draft Analysis (referred to as the ``Analysis'') 
prepared for this action may be obtained from www.regulations.gov or 
from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.

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 notice in the Federal Register announcing that 
the amendment is available for public review and comment. The Council 
has submitted the Amendments to the Secretary for review. This notice 
announces that the proposed Amendments are available for public review 
and comment.
    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 a 
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 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'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 a bit outdated. 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 would not add any 
new reporting requirements.
    This proposed action 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 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 needs to be amended to 
explicitly identify these methodologies as the SBRM. Amendment 51 to 
the Crab FMP would add language to Sections 8.1.2, 8.3.1, and 8.3.7 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 needs to be 
amended to explicitly identify these methodologies as the SBRM. 
Amendment 17 to the Scallop FMP would add language to Section 3.2.12 to 
identify the SBRM and explain

[[Page 31476]]

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 needs to be amended in 
order to explicitly identify these methodologies as the SBRM. Amendment 
15 to the Salmon FMP would add language to Section 8.1.8 (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 would add language 
to Section 8.1.9 (Sport Fisheries) to identify the SBRM for the salmon 
sport fishery.
    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 the end of the 
applicable comment period will not be considered in the 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: June 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-12373 Filed 6-11-21; 8:45 am]
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