[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Proposed Rules]
[Pages 57041-57043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22688]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BE24
Fisheries of the Exclusive Economic Zone Off Alaska; Establishing
Transit Areas Through Walrus Protection Areas at Round Island and Cape
Peirce, Northern Bristol Bay, Alaska; Amendment 107
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice 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 107 to the Fishery Management Plan for Groundfish
of the Bering Sea and Aleutian Islands Management Area (BSAI FMP).
Amendment 107, if approved, would establish seasonal transit areas for
vessels designated on Federal Fisheries Permits (FFPs) through Walrus
Protection Areas in northern Bristol Bay, AK. This action would allow
vessels designated on FFPs to transit through Walrus Protection Areas
in the U.S. Exclusive Economic Zone (EEZ) near Round Island and Cape
Peirce from April 1 through August 15, annually. This action is
necessary to restore the access of Federally-permitted vessels to
transit through Walrus Protection Areas that was limited by
[[Page 57042]]
regulations implementing Amendment 83 to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (GOA FMP), and to maintain
adequate protection for walruses on Round Island and Cape Peirce. This
action would maintain an existing prohibition on deploying fishing gear
in Walrus Protection Areas by vessels designated on an FFP. This action
is intended to promote the goals and objectives of the Magnuson-Stevens
Fishery Conservation and Management Act, the BSAI FMP, Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area (BSAI FMP), and other applicable law.
DATES: Comments on the amendment must be received on or before November
24, 2014.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2014-0066, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NMFS-2014-0066, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
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.
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).
Attachments to electronic comments will be accepted in Microsoft Word,
Excel, or Adobe PDF file formats only.
Electronic copies of the Environmental Assessment/Regulatory Impact
Review/Initial Regulatory Flexibility Analysis (Analysis) prepared for
this action may be obtained from http://www.regulations.gov or from the
Alaska Region Web site at http://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Anne Marie Eich, 907-586-7172.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires that each regional
fishery management council submit any fishery management plan amendment
it prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary of Commerce. The Magnuson-Stevens Act also
requires that NMFS, upon receiving a fishery management plan amendment,
immediately publish a notice in the Federal Register announcing that
the amendment is available for public review and comment. This notice
announces that proposed Amendment 107 to the BSAI FMP is available for
public review and comment.
NMFS manages the groundfish fisheries in the EEZ of the BSAI under
the BSAI FMP. The Council prepared, and NMFS approved, the BSAI FMP
under the authority of the Magnuson-Stevens Act. Amendment 107 would
apply only to the management of the vessels transiting in the northern
part of Bristol Bay, AK. This proposed action would apply to EEZ waters
in statistical area 514 of the BSAI, as shown in Figure 1 to 50 CFR
part 679. In this area of Bristol Bay, Federal waters occur at least 3
nm from shore.
The Council has recommended and NMFS has implemented a series of
closure areas, known as Walrus Protection Areas, in Bristol Bay around
important walrus haul-out sites to reduce potential disturbance to
walrus from fishing activities (54 FR 50386, December 6, 1989;
corrected 55 FR 1036, January 11, 1990; technically amended 56 FR 5775,
February 13, 1991 and 57 FR 10430, March 26, 1992). These management
measures apply in a portion of Federal waters in the EEZ (i.e., from 3
nm to 12 nm from shore). These closures were established from April 1
through September 30 to reduce disturbance to walrus haul-out sites
during periods of peak walrus use (Section 1.2 of the Analysis).
If approved, Amendment 107 would establish transit areas through
the Walrus Protection Area at Round Island and Cape Peirce, in northern
Bristol Bay, AK. Amendment 107 would: (1) establish a transit area in
the EEZ near Round Island open from April 1 through August 15,
annually, north of a line from 58[deg]47.90' N, 160[deg]21.91' W to
58[deg]32.94' N, 159[deg]35.45' W; and (2) establish a transit area in
the EEZ near Cape Peirce open from April 1 through August 15, annually,
east of a line from 58[deg]30.00' N, 161[deg]46.20' W to 58[deg]21.00'
N, 161[deg]46.20' W.
This action is necessary to restore the access to Federally-
permitted vessels to transit through Walrus Protection Areas that was
limited by regulations implementing Amendment 83 to the Fishery
Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) (76 FR
74670, December 1, 2011; corrected 76 FR 81872, December 29, 2011), and
to maintain adequate protection for walruses on Round Island and Cape
Peirce. This action would maintain an existing prohibition on deploying
fishing gear in Walrus Protection Areas by vessels designated on an
FFP.
Prior to 2012, vessel owners were able to easily surrender an FFP
for a period of time to allow their vessel to transit through Walrus
Protection Areas. Some vessel owners surrendered their FFPs during the
spring and summer so that these vessels could transit through Walrus
Protection Areas around Round Island and Cape Peirce when operating as
a tender. A tender is a vessel that is used to transport unprocessed
fish or shellfish received from another vessel to an associated
processor (see definition at Sec. 679.2). In northern Bristol Bay many
vessels that are active in Federally-managed fisheries operate as
tenders for vessels fishing in State-managed herring and salmon
fisheries. These tenders receive catch in Togiak Bay, Kulukak Bay, and
other bays in northern Bristol Bay and deliver that catch to processing
plants in Dillingham and other communities in Bristol Bay. Prior to
2012, some vessel owners also surrendered their FFPs to allow a vessel
to transit through Walrus Protection Areas to deliver processed
groundfish from fishing grounds in the Bering Sea to delivery locations
in northern Bristol Bay.
Without an FFP, vessels can transit through Walrus Protection Areas
and avoid the additional time, operating expenses, increased exposure
to weather, and navigational challenges when operating in State waters
compared to vessels that are designated on an FFP and are prohibited
from entering the Walrus Protection Areas. Section 1.3.2 of the
Analysis describes the factors affecting vessels that are prohibited
from transiting through Walrus Protection Areas. The following
paragraphs summarize these factors.
On January 1, 2012, NMFS implemented Amendment 83 to GOA FMP (76 FR
74670, December 1, 2011; corrected 76 FR 81872, December 29, 2011).
Regulations implementing Amendment 83 to GOA FMP (Amendment 83) limited
the ability for vessel owners to easily surrender an FFP. An FFP is
issued for 3-years under the FFP application process and is in effect
from the effective date through the
[[Page 57043]]
expiration date, unless it is revoked, suspended, surrendered (see
regulations at Sec. 679.4(b)(4)(i)). NMFS will not reissue a
surrendered FFP with certain endorsements (see regulations at Sec.
679.4(b)(4)(ii)); therefore, a vessel owner cannot surrender an FFP
more than once in a 3-year period to transit the Walrus Protection
Areas.
NMFS intends the regulations implementing Amendment 83 to allow the
proper tracking and accounting of Federal fishery allocations. NMFS did
not intend the regulations to specifically limit the ability of vessel
owners to surrender FFPs to transit through Walrus Protection Areas
when operating as tenders or delivering processed groundfish. However,
the regulations implementing Amendment 83 require vessel owners who had
historically surrendered their FFPs in order to transit through Walrus
Protection Areas when operating as tenders or delivering processed
groundfish to either surrender their FFPs and be prohibited from
fishing in Federal waters for up to 3 years, or retain their FFPs and
be prohibited from transiting through Walrus Protection Areas.
Vessel owners prefer to transit through the Walrus Protection Areas
north of Round Island because transiting to the north and outside of
Walrus Protection Areas requires vessels to transit through shallower
waters in State waters. This transit can be more difficult to navigate
and may create additional safety concerns. Transiting to the south of
Round Island and outside of the Walrus Protection Areas requires
vessels to transit around Round Island and through Hagemeister Strait,
which adds considerable distance and time to each transit. The
additional time increases the fuel costs required for transit and
potentially exposes vessels to more adverse weather conditions for a
longer period of time. Vessels delivering groundfish to floating
processors in the Togiak Bay area also experience increased costs
because of additional transit distances. Transit through Hagemeister
Strait also puts vessels in close proximity (i.e., within 3 nm) to a
walrus haulout on the southern tip of Hagemeister Island. This vessel
traffic may disturb walrus using the haulout on Hagemeister Island. An
alternative route that would allow vessels designated on FFPs to
transit through a portion of the Walrus Protection Areas north of Round
Island could reduce vessel transits through Hagemeister Strait and the
potential for disturbance to walrus using the haulout on Hagemeister
Island.
Currently, vessels can transit through State waters (from 0 to 3 nm
from the shore) near Cape Peirce while tendering herring or salmon from
fishing locations near Cape Peirce or when delivering groundfish in
northern Bristol Bay. As noted in Section 3.2.7.3 of the Analysis, the
U.S. Fish and Wildlife Service has not monitored walrus in the Cape
Peirce area for disturbance; therefore the incidence of disturbance at
Cape Peirce is not known. However, vessels transiting through State
waters (i.e., within 3 nm of Cape Peirce) may be more likely to disturb
walruses. An alternative route that would allow vessels designated on
FFPs to transit through a portion of the Walrus Protection Areas east
of Cape Peirce could reduce vessel transits through State waters near
Cape Peirce and the potential for disturbance to walruses using the
haulout at Cape Peirce.
NMFS is soliciting public comments on proposed Amendment 107
through the end of the comment period (see DATES). NMFS intends to
publish in the Federal Register and seek public comment on a proposed
rule that would implement Amendment 107 following NMFS' evaluation of
the proposed rule under the Magnuson-Stevens Act. Public comments on
the proposed rule must be received by the end of the comment period on
Amendment 107 to be considered in the approval/disapproval decision on
Amendment 107. NMFS will consider all comments received by the end of
the comment period on Amendment 107, whether specifically directed to
the FMP amendment or the proposed rule, in the FMP amendment approval/
disapproval decision. Comments received after that date may not be
considered in the approval/disapproval decision on Amendment 107. To be
certain of consideration, comments must be received, not just
postmarked or otherwise transmitted, by the last day of the comment
period.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 19, 2014
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2014-22688 Filed 9-23-14; 8:45 am]
BILLING CODE 3510-22-P