[Federal Register: May 26, 2009 (Volume 74, Number 99)]
[Proposed Rules]
[Page 24757-24761]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my09-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-AX71
Fisheries of the United States Exclusive Economic Zone Off
Alaska; Fisheries of the Arctic Management Area; Bering Sea Subarea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Availability of a fishery management plan and fishery
management plan amendment; request for comments.
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SUMMARY: The North Pacific Fishery Management Council has submitted the
Fishery Management Plan for Fish Resources of the Arctic Management
Area (Arctic FMP) and Amendment 29 to the FMP for Bering Sea/Aleutian
Islands King and Tanner Crabs (Crab FMP). The Arctic FMP and Amendment
29 to the Crab FMP, if approved, would establish sustainable management
of commercial fishing in the Arctic Management Area and limit the
management area of crab species under the Crab FMP to waters of the
U.S. Exclusive Economic Zone (EEZ) south of Bering Strait. This action
is necessary to establish a management framework for commercial fishing
of nearly all fish species occurring in the Arctic Management Area
before the potential onset of unregulated commercial fishing in the
Arctic Management Area. This action is intended to promote the goals
and objectives of the Magnuson-Stevens Fishery Conservation and
Management Act, the FMPs, and other applicable laws. Comments from the
public are encouraged.
DATES: Written comments on the Arctic FMP and Crab FMP amendment must
be received by 1700 hours, A.D.T. on July 27, 2009.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified for this
action by 0648-AX71 (NOA), by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
Fax: 907-586-7557.
All comments received are a part of the public record and will
generally be posted to http://www.regulations.gov without change. All
Personal Identifying Information (e.g., name, address) voluntarily
submitted by the commenter may 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). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
Copies of the Arctic FMP, Amendment 29 to the Crab FMP, maps of the
action area and essential fish habitat, and the Environmental
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA) for this action may be obtained from the Alaska
Region address above or from the Alaska Region website at http://
www.alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires that the North
Pacific Fishery Management Council (Council) submit any FMP or 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 or
FMP amendment, immediately publish a notice in the Federal Register
that the FMP or FMP amendment is available for public review and
comment.
If approved by the Secretary, the Arctic FMP and Amendment 29 to
the Crab FMP would establish sustainable management of commercial
fishing in the Arctic Management Area and remove management authority
within the Arctic Management Area from the Crab FMP. The Arctic FMP
would establish a management framework to sustainably manage future
commercial fishing in the Arctic Management Area and would initially
prohibit commercial fishing until new information regarding Arctic fish
resources allows for authorization of a sustainable commercial fishery
in the Arctic Management Area. Amendment 29 to the Crab FMP would
ensure consistent management of all crab species in the Arctic
Management Area under one FMP.
[[Page 24758]]
In February 2009, the Council recommended the adoption of the
Arctic FMP to implement a management framework that will protect the
fish resources of the Arctic Management Area against the potential
onset of unregulated commercial fishing by initially prohibiting
commercial fishing until sufficient information is available to enable
sustainable management of such fishing consistent with the Magnuson-
Stevens Act. Global climate change is reducing the extent of sea ice in
the Arctic Ocean, providing greater access to Arctic marine resources
and increased human activity in this sensitive marine environment of
the U.S. EEZ.
Under the Magnuson-Stevens Act (section 306(a)(3)), the State of
Alaska may regulate commercial fishing in the adjacent EEZ waters if no
FMP is in place. No FMP is in place for the Arctic Management Area.
However, the state authority for management in the EEZ pertains only to
vessels registered under the law of the State of Alaska. Thus, absent
an FMP it is possible that unregistered vessels could commercially fish
in the Arctic Management Area without any regulatory oversight or
management. In light of the potential adverse effects on the Arctic
marine environment from unregulated commercial fishing, the Council
chose to prevent this from occurring in the future. The proposed Arctic
FMP would eliminate the potential for unregulated commercial fishing in
the Arctic Management Area. The proposed Arctic FMP represents a
precautionary, ecosystem-based approach to fisheries management in the
Arctic Management Area.
Features of the Arctic FMP
The proposed Arctic FMP contains all required provisions and
appropriate discretionary provisions for an FMP contained in sections
303(a), 303(b), and 313 of the Magnuson-Stevens Act. The conservation
and management provisions in the Arctic FMP were developed to be
consistent with the National Standard guidelines. The following is a
summary of the main provisions of the proposed Arctic FMP.
With the exception of Pacific halibut and Pacific salmon, the
Arctic FMP would apply to commercial harvests of all fish resources in
the waters of the Arctic Management Area (See Figure 1). The geographic
extent of the Arctic Management Area would be all marine waters in the
U.S. EEZ of the Chukchi and Beaufort Seas, from 3 nautical miles off
the coast of Alaska or its baseline to 200 nautical miles offshore,
north of Bering Strait (from Cape Prince of Wales to Cape Dezhneva) and
westward to the 1990 U.S./Russia maritime boundary line and eastward to
the U.S./Canada maritime boundary.
[[Page 24759]]
[GRAPHIC] [TIFF OMITTED] TP26MY09.022
This action would not affect non-commercial fishing in the Arctic
Management Area, nor commercial harvest of certain species that are
managed pursuant to other legal authorities. This action would have no
effect on subsistence harvest of marine resources in the Arctic
Management Area. It would also have no effect on the commercial
harvests of Pacific salmon or Pacific halibut. The commercial harvest
of Pacific salmon in the Arctic Management Area is managed under the
FMP for Salmon Fisheries in the EEZ off the Coast of Alaska, which
prohibits commercial salmon fishing in the Arctic Management Area.
Pacific halibut commercial fishing is managed by the International
Pacific Halibut Commission, which does not permit harvest of Pacific
halibut in the Arctic Management Area.
The proposed Arctic FMP establishes two categories of species,
target species and ecosystem component species. Target species are
those that are most likely to be targeted in a commercial fishery based
on potential markets and available biomass in the Arctic Management
Area. Arctic cod (Boreogadus saida), saffron cod (Eleginus gracilis),
and snow crab (Chionoecetes opilio) are target species in the proposed
Arctic FMP. The remainder of fish, as defined by Section 3 of the
Magnuson-Stevens Act, occurring in the Arctic Management Area are
classified as ecosystem component species.
The proposed Arctic FMP provides the maximum sustainable yield
(MSY) and optimum yield (OY) for commercial fishing for each of the
target species. MSY is specified for each target species using the MSY
control rule described in the proposed Arctic FMP. The OY for each
target species is determined by reductions from MSY based on
uncertainty, economic considerations, and ecosystem considerations. The
MSYs for Arctic cod, saffron cod, and snow crab would be reduced by 100
percent based on economic costs of fishing. Uncertainty would reduce
the
[[Page 24760]]
MSY for each target species by an amount ranging from 36 to 61 percent.
MSYs for Arctic cod and saffron cod also would be reduced based on
ecosystem considerations. Arctic cod is a keystone species in the
Arctic marine environment, with many higher trophic level predators
(i.e., certain marine mammals and seabirds) heavily dependent on Arctic
cod as a principal prey species. The harvest of saffron cod likely
would result in very high levels of Arctic cod bycatch (two tons of
Arctic cod for each ton of saffron cod); therefore, the harvest of
saffron cod also likely would result in impacts on Arctic cod and those
species that depend on Arctic cod as prey. Because of the importance of
Arctic cod to the Arctic food web, the lack of knowledge of the Arctic
cod biomass needed to support both commercial fishing and Arctic
predators, and the potential high levels of bycatch of Arctic cod in a
saffron cod fishery, the MSYs for Arctic and saffron cods are reduced
100 percent based on ecosystem concerns.
Based on these reductions of the MSYs for the target species, the
OY for commercial fishing in the Arctic Management Area for each target
species is zero. The proposed Arctic FMP specifies the OY for each
target species as the lowest amount of catch sufficient to allow for
bycatch of Arctic cod, saffron cod, and snow crab in subsistence
fisheries for other species. The Arctic FMP would thus prohibit
commercial fishing on target species. With an OY of zero for each
target species, no quantity of target species is available for
commercial harvest.
The commercial harvest of ecosystem component species also would be
prohibited to prevent the adverse effects on the Arctic marine
ecosystem, including the target species, that may occur from
unregulated commercial fishing on these species. Consistent with the
Council's stated management policy and objectives, the proposed Arctic
FMP includes non-target species in the ecosystem component category to
ensure that the Arctic marine ecosystem is adequately protected and out
of concern that unregulated commercial fishing for these species could
detrimentally affect the target fishery. The inclusion of all non-
target species in the Arctic Management Area in the ecosystem component
category is consistent with the Magnuson-Stevens Act which: recognizes
the increased importance of habitat conservation; calls for development
of conservation and management measures to avoid irreversible or long-
term adverse effects to the marine environment and to minimize bycatch
to the extent practicable; permits inclusion in an FMP of management
measures to conserve non-target species and habitats, considering the
variety of ecological factors affecting fishery populations; and
requires consideration of ecological factors and protection of the
marine ecosystem in setting OY for stocks in the fishery. The National
Standard 1 guidelines (50 CFR 600.310(d)(5)(i)) further encourage an
ecosystem-based approach to management of fisheries, providing the
Council and NMFS with broad discretion to determine whether stocks
should be classified and included in an FMP as ecosystem component
species for a series of reasons, including specifying OY and developing
conservation and management measures for the associated fishery to
address other ecosystem issues and to protect their associated role in
the ecosystem with which the fishery interacts. Due to the lack of
commercial fishing in the Arctic, these species are non-target species
and are not generally retained for sale or for personal use. Moreover,
these species are not likely to be overfished or be subject to
overfishing in the absence of commercial fishing or conservation and
management measures.
The Council's decision to create an ecosystem component category
that includes all fish species in the Arctic Management Area, except
the potential target species, and to prohibit commercial fishing for
such species other than salmon and halibut, is based on ecosystem
considerations and is intended to conserve target and non-target
species and their habitats. The stated management objectives of the
Arctic FMP provide a benchmark for NMFS' evaluation of the Council's
proposed management measures. These objectives include a ``Biological
Conservation Objective'' that seeks to ensure the long-term viability
of fish populations by, among other things, preventing unregulated
fishing and ``incorporating ecosystem-based considerations into fishery
management decisions, as appropriate . . . .'' NMFS believes that the
prohibition on commercial fishing for ecosystem component species
reflects such appropriate ecosystem-based considerations and does not
constitute required conservation and management for purposes of
including such species in the fishery.
The OY for each of the three potential target fisheries is de
minimis, and sufficient only to support subsistence fishing. NMFS
shares the Council's concern that if the target species are caught as
bycatch during unregulated commercial fishing for other species,
removal of those target species could surpass OY. Similarly, NMFS
shares the Council's concern that unregulated commercial fishing for
ecosystem component species may affect the Arctic marine ecosystem in
ways that are detrimental to the potential target fishery as well as
non-target species and their habitats. For example, large-scale removal
of biomass of important prey species for one or more target species, or
removal of species that are otherwise ecologically connected to one or
more target species, could adversely affect the target fishery
populations. At present, the scientific understanding of the
interdependence and trophic relationships between particular species in
the Arctic marine ecosystem is rudimentary, relative to other marine
ecosystems, as is the knowledge of particular habitats in the region
that may be important to the continued health of the ecosystem and its
various species. In particular, NMFS is concerned about the potential
adverse effects of unregulated commercial fishing for non-target
species on Arctic cod, which is found throughout the Arctic Management
Area and is a keystone species that provides a crucial trophic link
between the sea ice food web and marine mammals and birds.
These limitations on NMFS' understanding of ecological processes in
the Arctic are compounded by the ongoing climatic changes in the region
and physical changes in the marine environment. Global climate change
is anticipated to continue altering the Arctic environment in
fundamental ways, and before long may lead to a seasonally ice-free
Arctic Ocean. As a result, there is great uncertainty regarding the
ways in which current ecological relationships may change, irrespective
of fishing pressure. Consistent with the Council's ecosystem-based
management policy, NMFS believes it is appropriate to adopt management
measures that will maximize the resilience of the target species and
afford the greatest protection to the integrity of the Arctic ecosystem
in the face of a changing climate. The prohibition on commercial
fishing for ecosystem component species represents such a management
measure.
Although there is uncertainty as to whether commercial fishing for
ecosystem component species would diminish target fishery populations
to an unacceptable degree, either due to bycatch of target species or
impacts on the ecosystem, NMFS has determined that the Council
appropriately adopted a precautionary approach that proposes
[[Page 24761]]
prohibiting commercial fishing for any species of Arctic fish in the
Arctic Management Area. Given the limited knowledge of ecological
relationships and considerable uncertainty regarding the future, this
will ensure that fishing does not interfere with important ecological
relationships in the Arctic marine environment and thereby avoids the
risk of harm to the potential target species, the broader ecosystem,
and the habitat of fish species that may otherwise result from
unregulated commercial fishing for ecosystem component species.
Prohibiting commercial fishing on ecosystem component species is
therefore an ecosystem-based, precautionary approach to fish resources
management in the Arctic Management Area. NMFS will from time-to-time
review the status of ecosystem component species based on the best
available scientific information to determine whether or not such
species should be classified for active conservation and management as
species or stocks in the fishery.
The proposed Arctic FMP includes a process and criteria for
evaluating a future commercial fishery. The evaluation process includes
the Council's review of an analysis of the biological information on
the potential target species and potential impacts of commercial
fishing on the Arctic marine environment and on communities. An FMP
amendment would be required to authorize a commercial fishery in the
Arctic Management Area and to implement the specific conservation and
management measures for the fishery.
If a commercial fishery is authorized in the Arctic Management
Area, the proposed Arctic FMP provides the general conservation and
management measures to ensure sustainable fishing and to prevent
overfishing of any target species. Overfishing levels (OFL) and
acceptable biological catch levels (ABC) would be established,
according to tier systems, based on the quantity of information
available. The process for specifying OFLs, ABCs, and total allowable
catch amounts (TACs) includes the development of a Stock Assessment and
Fishery Evaluation report for the Council's consideration in
recommending OFLs, ABCs, and TACs to the Secretary.
The National Standard 1 guidelines (74 FR 3178, January 16, 2009)
require accountability measures and mechanisms to prevent overfishing.
This requirement would be satisfied by the catch and retention
restrictions implemented with the prohibition of commercial fishing
initially imposed by the proposed Arctic FMP. If a commercial fishery
is authorized in the future, the FMP would be amended to incorporate
specific accountability measures and mechanisms to prevent overfishing.
The proposed Arctic FMP includes the process and criteria for
issuing exempted fishing permits (EFP). EFPs provide exemptions to
fishing regulations under 50 CFR part 679 to allow commercial fishing
in a manner not otherwise authorized. These permits are granted for the
purpose of allowing studies that provide information useful to the
management of fisheries and are effective for a limited time. More
information regarding EFPs is available from the NMFS Alaska Region
website at http://www.alaskafisheries.noaa.gov/ram/efp.htm.
Essential fish habitat (EFH) is described for each target species
in the proposed Arctic FMP. Once EFH is established, NMFS must be
consulted for any federal action that may adversely impact EFH
(Magnuson-Stevens Act section 305(b)(2)). The proposed EFH description
for Arctic cod includes the entire Arctic Management Area. Proposed EFH
locations for snow crab and saffron cod are primarily in the Chukchi
Sea. Descriptions of potential non-fishing adverse impacts on EFH and
mitigation are appended to the proposed Arctic FMP.
To assist in the ecosystem approach to fisheries management, the
proposed Arctic FMP includes habitat descriptions for several ecosystem
component species. The species selected for habitat descriptions
represent forage species and potential future target species based on
Bering Sea commercial fishing.
The proposed Arctic FMP also includes the latest information on the
Arctic ecosystem and Chukchi and Beaufort Seas survey data. This
information provides the basis for the MSY and OY specifications and
informed the Council's decision to recommend adoption of the Arctic
FMP.
Amendment 29 to the Crab FMP
Amendment 29 to the Crab FMP would move the northern boundary of
the Crab FMP management area to Bering Strait. The Crab FMP northern
boundary is currently located at Point Hope, north of Bering Strait and
within the Arctic Management Area (See Figure 1). This change in the
Crab FMP northern boundary would allow the management of all crab
species in the Arctic Management Area to be under the Arctic FMP, and
would ensure consistent application of the conservation and management
measures in the Arctic FMP to crab throughout the Arctic Management
Area. The Arctic FMP's conservation and management measures were
designed to address the unique Arctic marine environment and the
paucity of information available for sustainable fisheries management.
Because the information available for Arctic crab and the marine
environment of the Arctic Management Area differs from the Bering Sea,
the Council recommended management of crab in the Arctic Management
Area under the Arctic FMP.
Public Comments
NMFS is soliciting public comments on the proposed Arctic FMP and
Crab FMP amendment through July 27, 2009. A proposed rule that would
implement the Arctic FMP and Crab FMP amendment will be published in
the Federal Register for public comment at a later date, following
NMFS' evaluation pursuant to the Magnuson-Stevens Act. Public comments
on the proposed rule must be received by the end of the comment period
on the Arctic FMP and Crab FMP amendment in order to be considered in
the approval/disapproval decision on the Arctic FMP and Crab FMP
amendment. All comments received on the Arctic FMP and Crab FMP
amendment by the end of the comment period, whether specifically
directed to the FMP or amendment or to the proposed rule, will be
considered in the approval/disapproval decision. Comments received
after that date will not be considered in the approval/disapproval
decision on the Arctic FMP or Crab FMP amendment. To be considered,
comments must be received-- not just postmarked or otherwise
transmitted--by 1700 hours, A.D.T. on the last day of the comment
period (See DATES and ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 20, 2009.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-12151 Filed 5-22-09; 8:45 am]
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