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Department of Commerce Vol. 79 Tuesday, No. 227 November 25, 2014 Part II Department of Commerce National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 679 Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion Protection Measures for the Bering Sea and Aleutian Islands Groundfish Fisheries Off Alaska; Final Rule VerDate Sep<11>2014 21:39 Nov 24, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25NOR2.SGM 25NOR2 tkelley on DSK3SPTVN1PROD with RULES2 70286 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations DEPARTMENT OF COMMERCE under the Fishery Management Plans conducting a section 7 consultation to (FMP BiOp), and the 2014 Biological insure that the Federal action of National Oceanic and Atmospheric Opinion for the Authorization of Alaska authorizing the Alaska groundfish Administration Groundfish Fisheries under the fisheries is not likely to jeopardize the Proposed Revised Steller Sea Lion continued existence of an ESA-listed 15 CFR Part 902 Protection Measures (2014 BiOp) are species or result in the destruction or available at http:// adverse modification of its designated 50 CFR Part 679 alaskafisheries.noaa.gov/ critical habitat. Under the provisions of [Docket No. 140304195–4947–02] protectedresources/stellers/ section 7 of the ESA, NMFS Alaska section7.htm. Region Sustainable Fisheries Division RIN 0648–BE06 • The 2008 Revised Steller Sea Lion (SFD) is the action agency and consults Recovery Plan (2008 Recovery Plan) is with the NMFS Alaska Region Protected Fisheries of the Exclusive Economic available from the NMFS Alaska Region Resources Division (PRD) on the Zone Off Alaska; Steller Sea Lion Web site at http:// impacts of groundfish fisheries for most Protection Measures for the Bering alaskafisheries.noaa.gov/ ESA-listed species of marine mammals, Sea and Aleutian Islands Groundfish protectedresources/stellers/ including Steller sea lions. Fisheries Off Alaska recovery.htm. NMFS listed the WDPS of Steller sea • AGENCY: National Marine Fisheries The Fishery Management Plan for lions as endangered under the ESA in Service (NMFS), National Oceanic and Groundfish of the Bering Sea and 1997 (62 FR 24345, May 5, 1997). Atmospheric Administration (NOAA), Aleutian Islands Management Area FMP Throughout this preamble, the term Commerce. is available from the North Pacific ‘‘Steller sea lions’’ means the WDPS of Steller sea lions unless otherwise ACTION: Final rule. Fishery Management Council Web site at http://www.npfmc.org/wp-content/ specified. Steller sea lions are SUMMARY: NMFS issues regulations to PDFdocuments/fmp/BSAI/BSAIfmp.pdf. distributed from Prince William Sound implement Steller sea lion protection Written comments regarding the through the Aleutian Islands in Alaska measures to insure that groundfish burden-hour estimates or other aspects and in Russia on the Kamchatka fisheries in the Bering Sea and Aleutian of the collection-of-information peninsula, Kuril Islands, and the Sea of Islands Management Area (BSAI) off requirements contained in this final rule Okhotsk. NMFS uses six sub-regions Alaska are not likely to jeopardize the may be submitted to NMFS at the above within Alaska for trend and status continued existence of the western address and by email to OIRA_ monitoring of Steller sea lions. These distinct population segment (WDPS) of [email protected] or fax to 202– sub-regions include the eastern Gulf of Steller sea lions or destroy or adversely 395–5806. Alaska (GOA), central GOA, and western GOA, the eastern Aleutian modify their designated critical habitat. FOR FURTHER INFORMATION CONTACT: Islands/Bering Sea, central Aleutian These management measures disperse Gretchen Harrington, 907–586–7228. fishing effort temporally and spatially to Islands, and the western Aleutian SUPPLEMENTARY INFORMATION: NMFS Islands. A seventh sub-region is located provide protection from potential published a proposed rule to implement competition for important Steller sea outside of the United States and is Steller sea lion protection measures on commonly referred to as the Russian lion prey species. This action is July 1, 2014 (79 FR 37486). The intended to protect the endangered sub-region because most of the Steller comment period on the proposed rule sea lion population in that sub-region is Steller sea lions, as required by the ended on August 15, 2014. NMFS Endangered Species Act, and to concentrated in Russia. received 17 letters of comments on the NMFS designated critical habitat for minimize, to the extent practicable, the proposed rule. Additional background Steller sea lions and identified haulouts, economic impact of fishery management information and detail on this action is rookeries, and foraging locations measures, as required by the Magnuson- provided in the proposed rule and is throughout Alaska waters ranging Stevens Fishery Conservation and briefly summarized in this final rule. throughout the GOA, the Bering Sea, Management Act. NMFS manages groundfish fisheries and the Aleutian Islands (58 FR 45269, DATES: Effective December 26, 2014. in the exclusive economic zone (EEZ) August 27, 1993). Since publication of ADDRESSES: Electronic copies of: under the Fishery Management Plan for critical habitat definitions in 1993 (see • The Steller Sea Lion Protection Groundfish of the Bering Sea and 50 CFR 226.202), NMFS has identified Measures for Groundfish Fisheries in Aleutian Islands Management Area 19 additional haulouts in the BSAI and the Bering Sea and Aleutian Islands (FMP). The North Pacific Fishery the GOA as important areas for Steller Management Area Environmental Management Council (Council) sea lions needing additional protection Impact Statement (EIS), the Record of prepared the FMP under the authority of from the potential effects of groundfish Decision, and the Regulatory Impact the Magnuson-Stevens Fishery fishing. More information and Review/Initial Regulatory Flexibility Conservation and Management Act justification for including these Analysis (RIR/IRFA) prepared for this (Magnuson-Stevens Act), 16 U.S.C. haulouts are contained in the 2001 BiOp action are available from http:// 1801, et seq. Regulations governing (see ADDRESSES). NMFS is currently www.regulations.gov or from the NMFS fisheries and implementing the FMP considering revisions to the critical Alaska Region Web site at http:// appear at 50 CFR parts 600 and 679. habitat designation to take into account alaskafisheries.noaa.gov/ NMFS has management responsibility new information that has become sustainablefisheries/sslpm/eis/ for certain threatened and endangered available since NMFS designated default.htm. species, including Steller sea lions, critical habitat in 1993 (79 FR 46392, • The 2001 Biological Opinion for the under the Endangered Species Act August 8, 2014). Authorization of the Bering Sea and (ESA) of 1973, 16 U.S.C. 1531, et seq. Since listing Steller sea lions, NMFS Aleutian Islands and Gulf of Alaska NMFS has the authority to promulgate has implemented a number of Groundfish Fisheries (2001 BiOp), the regulations to enforce provisions of the management measures, commonly 2010 Biological Opinion on the ESA to protect such species. As the known as Steller sea lion protection Authorization of Groundfish Fisheries action agency, NMFS is responsible for measures, to protect Steller sea lion prey VerDate Sep<11>2014 21:39 Nov 24, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\25NOR2.SGM 25NOR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 70287 from the potential effects of groundfish This final rule implements a suite of process for the EIS and during the fishing. Steller sea lion protection management measures for the Atka public review of the draft EIS. measures disperse catch of groundfish mackerel, Pacific cod, and pollock NMFS developed all alternatives with prey species in time (temporal fisheries primarily in the Aleutian the understanding that a preferred dispersion) and space (spatial Islands. These management measures alternative could only be selected as the dispersion) through a variety of harvest protect Steller sea lion prey to comply proposed action and implemented limitations and closure areas. Many of with the ESA requirement that NMFS through rule making if NMFS could these Steller sea lion protection insure that its actions are not likely to insure that the action was not likely to measures apply specifically to Atka jeopardize the continued existence of jeopardize the continued existence of mackerel, Pacific cod, and pollock, endangered species or destroy or the Steller sea lions or result in which are important prey species for adversely modify its critical habitat. To destruction or adverse modification of Steller sea lions. protect Steller sea lion prey availability, their designated critical habitat. The Section 3.5.3 of the FMP, approved by this final rule protects specific areas that Council and NMFS understood that a the Secretary of Commerce under the are important to Steller sea lions and preferred alternative and any resulting Magnuson-Stevens Act, authorizes limits the amount of fishing within rule must meet the requirements of the regulations for fishery management Steller sea lion critical habitat. This ESA before factors that minimize the measures to protect marine mammals, final rule maintains a precautionary economic impacts on fishery without requiring amendment of the approach to the management of Steller
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