[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Proposed Rules]
[Pages 60802-60803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23996]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-XD287


Fisheries of the Exclusive Economic Zone Off Alaska; Skates 
Management in the Bering Sea and Aleutian Islands Management Area; 
Habitat Areas of Particular Concern

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

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

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted Amendment 104 to the Fishery Management Plan for Groundfish 
of the Bering Sea and Aleutian Islands Management Area (FMP). If 
approved, Amendment 104 to the FMP would designate six areas of skate 
egg concentration as Habitat Areas of Particular Concern (HAPC). 
Designating the six areas of skate egg concentration as HAPC in the 
Bering Sea and Aleutian Islands Management Area (BSAI) would highlight 
the importance of this essential fish habitat for conservation. This 
action is intended to promote the goals and objectives of the Magnuson-
Stevens Fishery Conservation and Management Act, the FMP, and other 
applicable laws.

DATES: Written comments on Amendment 104 to the FMP must be received on 
or before 5 p.m., Alaska local time, on December 8, 2014.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0059, 
by any of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0059, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    <bullet> 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 (for example, 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). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of Amendment 104 to the FMP and the Environmental 
Assessment (EA) prepared for this action are available from the Alaska 
Region NMFS Web site at http://www.alaskafisheries.noaa.gov/regs/summary.htm.

FOR FURTHER INFORMATION CONTACT: John V. Olson, 907-271-1508.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each regional 
fishery management council submit proposed amendments to a fishery 
management plan to NMFS for review and approval, disapproval, or 
partial approval by the Secretary of Commerce (Secretary). The 
Magnuson-Stevens Act also requires that, upon receiving an FMP 
amendment, NMFS immediately publish in the Federal Register a notice 
that the amendment is available for public review and comment. This 
notice announces that proposed Amendment 104 to the FMP is available 
for public review and comment. This proposed amendment does not include 
regulatory language.
    Amendment 104 to the FMP was unanimously adopted by the Council in 
February 2013. If approved by the Secretary, Amendment 104 to the FMP 
would amend: (1) Section 4.2.3.2 of the FMP to add six areas of skate 
egg concentration as HAPC; (2) section 3.5.2.4.2 of the FMP to note 
that fishing would not be prohibited within the HAPC; and (3) Appendix 
B of the FMP to include coordinates and maps that designate the HAPC.

Background

    HAPC are geographic sites that fall within the distribution of EFH 
for federally managed species. HAPC are areas of special importance 
that may require additional protection from the adverse effects of 
fishing. Regulations implementing EFH provisions provide a means for 
the Council to identify HAPC in FMPs (50 CFR 600.815(a)(8)). The 
designation of HAPC does not require the implementation of regulations 
to limit fishing within HAPC unless such measures are determined to be 
necessary. Regulations implementing EFH provisions require that a 
Council and NMFS act to prevent, mitigate, or minimize any adverse 
effects from fishing, to the extent practicable, if there is evidence 
that a fishing activity adversely affects EFH in a manner that is more 
than minimal and not temporary in nature (50 CFR 600.815(a)(2)(ii)). 
Because HAPC is a type of EFH, these regulatory provisions also apply 
to HAPC.
    In 2007, the Council defined criteria to designate a specific type 
of EFH as HAPC. The Council determined that HAPC must be specific 
geographic sites that are rare (defined as uncommon habitat that occurs 
in discrete areas), and must meet at least one of three other 
considerations: Provide an important ecological function; be sensitive 
to human-induced degradation; or be stressed by development activities. 
These criteria are described in Section 4.2.3 of the FMP and are 
consistent with regulations that define the factors a Council should 
consider in designating HAPC (50 CFR 600.815(a)(8)). Based on these 
criteria, the Council defined a specific habitat type, areas of skate 
egg concentration, more commonly known as ``skate nurseries'', as an 
appropriate habitat type for possible designation as HAPC.
    In 2010, the Council received a proposal from NMFS's Alaska 
Fisheries Science Center to designate several areas of skate egg 
concentration as HAPC in the BSAI. Skates are long-lived, slow to 
mature, and produce relatively few young (like other elasmobranch fish 
such as sharks). During each reproductive season, a reproducing skate 
deposits several egg cases. Depending on the species, a single egg case 
can hold from one to four individual skate embryos, and development can 
take up to 3 years. At sites where skate eggs are deposited, several 
year classes and species of skates can be present. Because the egg 
cases are deposited on the sea floor in soft substrates in small 
distinct sites, they may be vulnerable to impacts from

[[Page 60803]]

fishing activities that disturb the sea floor (e.g., non-pelagic trawl 
gear).
    In 2011 and 2012, the Council reviewed geographic areas where skate 
egg concentrations occur for possible designation as HAPC. The Council 
also considered possible management measures that would limit fishing 
activities within these proposed HAPC. Sections 2.2, 2.4, and 2.5 of 
the EA describe the process the Council uses to designate HAPC, the 
proposed skate HAPC, and the methods used to defined the geographic 
boundaries of the skate HAPC considered by the Council (see ADDRESSES).
    In February 2013, the Council unanimously adopted Amendment 104 to 
the FMP (Alternative 2 in the EA). Amendment 104 to the FMP would 
designate as HAPC six areas where relatively high concentrations of 
skate eggs occur in the eastern Bering Sea for several skate species 
(family Rajidae). The Council and NMFS determined that these areas of 
skate egg concentration met the definition of HAPC because they are 
rare and provide an important ecological function.
    The six areas of skate egg concentration proposed as HAPC are rare, 
encompassing approximately 82 square nautical miles of habitat, or less 
than 0.1 percent of the total area of the BSAI. These proposed HAPC are 
discrete areas near the shelf/slope break with unique abiotic features 
(e.g., substrate composition) that serve as important spawning and 
embryonic development areas for skate species. At each of these six 
proposed HAPC, scientists repeatedly observed a relatively high 
occurrence of skate egg cases during stock assessment surveys and from 
fishery observer samples collected from vessels deploying fishing gear 
that contacted the sea floor (e.g., non-pelagic trawl gear). Section 
3.4 of the EA provides additional detail on skate biology and the 
rarity of areas of skate egg concentrations. Section 3.4 of the EA 
describes the important ecological functions skates perform primarily 
as predators for a wide range of fish species, but also as prey for a 
variety of marine mammal and fish species.
    Section 3.5.4 of the EA indicates areas of skate egg concentrations 
that may also be sensitive to human-induced degradation through the 
impact of fishing gear. However, the best available scientific 
information does not indicate that human-induced degradation (e.g., 
adverse effects from fishing) is occurring. Because human-induced 
degradation from fishing or other activities is not observed currently, 
the Council did not consider this HAPC designation criterion as having 
been met.
    Amendment 104 would amend the FMP to designate six areas of skate 
egg concentration as HAPC without any additional associated regulatory 
measures. The Council considered an alternative (Alternative 3) that 
would limit fishing within the proposed HAPC before adopting Amendment 
104. Section 2.3 of the EA summarizes the factors the Council 
considered in making its recommendation to adopt Amendment 104 to the 
FMP. The Council determined that Amendment 104 to the FMP would 
designate all six areas of skate egg concentrations that meet the 
Council's HAPC criteria. The Council also determined that designating 
these HAPC would provide additional focus for the review and 
consultation on proposed activities (e.g, drilling, laying cables, 
seismic exploration, as well as fishing activities) that occur within 
these HAPC and could potentially affect these important areas of skate 
habitat.
    The Council did not recommend regulations to limit fishing in the 
proposed HAPC because there is no evidence of adverse effects from 
fishing on skate populations within these HAPC that would need to be 
addressed through regulation. Section 3.5 of the EA provides additional 
information supporting this recommendation. Section 3.5 of the EA 
explains that the type of fishing gear used in the proposed HAPC is 
expected to have a minimal and temporary impact on skate habitat. 
Section 3.5 of the EA explains that fishing effort is limited or does 
not occur in four of the six HAPC, continued commercial fishing at the 
current rate and intensity would not be expected to alter the capacity 
of EFH within these HAPC to support healthy populations of skates over 
the long term, and no new information exists that indicates that 
fishing activities are adversely affecting skate egg deposition within 
these HAPC.
    The Council also recommended that NMFS monitor the HAPC sites for 
changes in skate egg density and other potential effects of fishing, 
and incorporate the research and monitoring of skate species into the 
Council's annual research priority list. These recommendations can be 
considered and adopted by NMFS without amending the FMP or implementing 
regulations. These Council's recommendations are noted here to notify 
the public and to describe how NMFS intends to address the Council's 
recommendations.
    NMFS intends to monitor the proposed HAPC sites by analyzing data 
collected through existing data sources such as from stock assessment 
surveys and fishery observers. This monitoring would inform the Council 
and NMFS when there are major changes in fishing effort in the HAPC and 
if there are any potential impacts to skate habitat within these HAPC. 
The results from this monitoring could be reported in the annual 
Ecosystem Stock Assessment and Fishery Evaluation report and as part of 
the EFH 5-Year review process. If through this monitoring NMFS and the 
Council learn that skate recruitment or overall biomass of a species 
has changed due to fishing impacts within the HAPC, the Council could 
initiate further action to restrict fishing activities within the HAPC. 
Incorporating the research and monitoring of skate species into the 
Council's annual research priority list would provide additional 
research focus on these HAPC. The Council noted that this research 
could help improve the understanding of skate populations, the 
importance of areas of skate egg concentration, and skate ecology and 
habitat. Section 3.3.2 of the EA provides additional information on how 
NMFS intends to address the Council's monitoring and research 
recommendations.
    Public comments are being solicited on proposed Amendment 104 to 
the FMP through the end of the comment period stated (see DATES). 
Public comments on the proposed amendment must be received by the end 
of the comment period on Amendment 104 to the FMP in order to be 
considered in the approval/disapproval decision on the amendment. All 
comments received by the end of the comment period on Amendment 104 to 
the FMP will be considered in the approval/disapproval decision on the 
amendment. To be considered, comments must be received, not just 
postmarked or otherwise transmitted, by close of business on the last 
day of the comment period.

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

    Dated: October 3, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-23996 Filed 10-7-14; 8:45 am]
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