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Department of Commerce Vol. 79 Tuesday, No. 126 July 1, 2014 Part V Department of Commerce National Oceanic and Atmospheric Administration 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; Proposed Rules VerDate Mar<15>2010 19:44 Jun 30, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\01JYP4.SGM 01JYP4 tkelley on DSK3SPTVN1PROD with PROPOSALS4 37486 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Proposed Rules DEPARTMENT OF COMMERCE Instructions: Comments sent by any [email protected] or fax to 202– other method, to any other address or 395–5806. National Oceanic and Atmospheric individual, or received after the end of FOR FURTHER INFORMATION CONTACT: Administration the comment period, may not be Gretchen Harrington, 907–586–7228. considered by NMFS. All comments SUPPLEMENTARY INFORMATION: NMFS 50 CFR Part 679 received are a part of the public record manages groundfish fisheries in the and will generally be posted for public [Docket No. 140304195–4195–01] exclusive economic zone (EEZ) off viewing on www.regulations.gov Alaska under the Fishery Management RIN 0648–BE06 without change. All personal identifying Plan for Groundfish of the Bering Sea information (e.g., name, address), and Aleutian Islands Management Area Fisheries of the Exclusive Economic confidential business information, or (FMP). The North Pacific Fishery Zone Off Alaska; Steller Sea Lion otherwise sensitive information Management Council (Council) Protection Measures for the Bering submitted voluntarily by the sender will prepared the FMP under the authority of Sea and Aleutian Islands Groundfish be publicly accessible. NMFS will the Magnuson-Stevens Fishery Fisheries Off Alaska accept anonymous comments (enter Conservation and Management Act ‘‘N/A’’ in the required fields if you wish (Magnuson-Stevens Act), 16 U.S.C. AGENCY: National Marine Fisheries to remain anonymous). Attachments to Service (NMFS), National Oceanic and 1801, et seq. Regulations governing U.S. electronic comments will be accepted in fisheries and implementing the FMP Atmospheric Administration (NOAA), Microsoft Word, Excel, or Adobe PDF Commerce. appear at 50 CFR parts 600 and 679. file formats only. NMFS has management responsibility ACTION: Proposed rule; request for Electronic copies of: for certain threatened and endangered comments. • The Steller Sea Lion Protection species, including Steller sea lions, Measures for Groundfish Fisheries in SUMMARY: NMFS proposes to implement under the Endangered Species Act the Bering Sea and Aleutian Islands Steller sea lion protection measures to (ESA) of 1973, 16 U.S.C. 1531, et seq. Management Area Environmental insure that groundfish fisheries in the NMFS has the authority to promulgate Impact Statement (EIS) and the Bering Sea and Aleutian Islands regulations to enforce provisions of the Regulatory Impact Review/Initial Management Area (BSAI) off Alaska are ESA to protect such species. As the Regulatory Flexibility Analysis (RIR/ not likely to jeopardize the continued action agency, NMFS is responsible for IRFA) prepared for this action are existence of the western distinct conducting a section 7 consultation to available from http:// population segment (WDPS) of Steller insure that the Federal action of www.regulations.gov or from the NMFS sea lions or destroy or adversely modify authorizing the Alaska groundfish Alaska Region Web site at http://alaska its designated critical habitat. These fisheries is not likely to jeopardize the fisheries.noaa.gov/sustainablefisheries/ management measures would disperse continued existence of an ESA-listed sslpm/eis/default.htm. fishing effort temporally and spatially to species or result in the destruction or • The 2001 Biological Opinion for the provide protection from potential adverse modification of its designated Authorization of the Bering Sea and competition for important Steller sea critical habitat. Under the provisions of Aleutian Islands and Gulf of Alaska lion prey species in the BSAI. The section 7 of the ESA, NMFS Alaska groundfish fisheries (2001 BiOp), the intent of this proposed action is to Region Sustainable Fisheries Division 2010 Biological Opinion on the protect the endangered WDPS of Steller (SFD) is the action agency and consults Authorization of Groundfish Fisheries sea lions, as required by the Endangered with the NMFS Alaska Region Protected under the Fishery Management Plans Species Act, and to minimize, to the Resources Division (PRD) on the (FMP BiOp), and the 2014 Biological extent practicable, the economic impact impacts of groundfish fisheries for most Opinion for the Authorization of Alaska of fishery management measures, as ESA-listed species of marine mammals, groundfish fisheries under the Proposed required by the Magnuson-Stevens including Steller sea lions. Revised Steller Sea Lion Protection Fishery Conservation and Management NMFS listed the WDPS of Steller sea Measures (2014 BiOp) are available at Act. lions as endangered under the ESA in http://alaskafisheries.noaa.gov/ 1997 (62 FR 24345, May 5, 1997). DATES: Submit comments on or before protectedresources/stellers/ Throughout this preamble, the term August 15, 2014. section7.htm. ‘‘Steller sea lions’’ means the WDPS of ADDRESSES: You may submit comments • The 2008 Revised Steller Sea Lion Steller sea lions unless otherwise on this document, identified by FDMS Recovery Plan is available from the specified. NMFS has designated critical Docket Number NOAA-NMFS-2012- NMFS Alaska Region Web site at http:// habitat for Steller sea lions and 0013, by either of the following alaskafisheries.noaa.gov/ identified haulouts, rookeries, and methods: protectedresources/stellers/ foraging locations throughout Alaska • Electronic Submission: Submit all recovery.htm. waters ranging throughout the Gulf of electronic public comments via the • The Fishery Management Plan for Alaska (GOA), the Bering Sea, and the Federal e-Rulemaking Portal. Go to Groundfish of the Bering Sea and Aleutian Islands (58 FR 45269, August www.regulations.gov/#!docketDetail;D= Aleutian Islands Management Area is 27, 1993). Since publication of critical NOAA-NMFS-2012-0013, click the available from the North Pacific Fishery habitat definitions in 1993 (see 50 CFR ‘‘Comment Now!’’ icon, complete the Management Council Web site at http:// 226.202), NMFS has identified 19 required fields, and enter or attach your www.npfmc.org/wp-content/PDF additional haulouts in the BSAI and the comments. documents/fmp/BSAI/BSAIfmp.pdf. GOA as important areas for Steller sea • Mail: Submit written comments to Written comments regarding the lions needing additional protection from Glenn Merrill, Assistant Regional burden-hour estimates or other aspects the potential effects of groundfish Administrator, Sustainable Fisheries of the collection-of-information fishing. More information and Division, Alaska Region NMFS, Attn: requirements contained in this proposed justification for including these Ellen Sebastian. Mail comments to P.O. action may be submitted to NMFS at the haulouts are contained in the 2001 BiOp Box 21668, Juneau, AK 99802–1668. above address and by email to OIRA_ (see ADDRESSES). VerDate Mar<15>2010 19:44 Jun 30, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\01JYP4.SGM 01JYP4 tkelley on DSK3SPTVN1PROD with PROPOSALS4 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Proposed Rules 37487 Since listing Steller sea lions, NMFS General Management of Groundfish fishing in other fisheries that may has implemented a number of Fisheries in the BSAI incidentally take a species or species management measures, commonly The FMP and its implementing group as its OFL is approached. known as Steller sea lion protection regulations at § 679.20(c) require that Regulations at §§ 679.20(d)(1), (d)(2), measures, to protect Steller sea lions the Council recommend and NMFS and (d)(3) describe the range of from the potential effects of groundfish specify an overfishing level (OFL), an management measures that NMFS uses fishing. Steller sea lion protection acceptable biological catch (ABC), and a to maintain total catch at or below the measures disperse catch of groundfish total allowable catch (TAC) for each OFL, ABC, and TAC for a species or prey species in time (temporal stock or stock complex (i.e., each species group. dispersion) and space (spatial species or species group) of groundfish Areas and Vessels Affected by This dispersion) through a variety of harvest on an annual basis. The OFL is the level Proposed Action limitations and closure areas. Many of above which overfishing is occurring for This proposed action would apply to these Steller sea lion protection a species or species group. The ABC is measures apply specifically to Atka the EEZ of the BSAI and the adjacent the level of a species or species group’s State of Alaska (State) waters, as shown mackerel, Pacific cod, and pollock, annual catch that accounts for the in Figure 1 to 50 CFR part 679. The EEZ which are particularly important prey scientific uncertainty in the estimate of includes Federal waters that generally species for Steller sea lions (Chapter 5 OFL and any other scientific occur from 3 nautical miles (nm) to 200 of EIS). uncertainty. The ABC is set below the nm from shore. State waters generally The most recent Steller sea lion OFL. The TAC is the annual catch target occur from shore to 3 nm from shore. protection measures were
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