[Federal Register Volume 64, Number 233 (Monday, December 6, 1999)]
[Rules and Regulations]
[Pages 68054-68055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31555]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 990720198-9307-02; I.D. 070799B]
RIN 0648-AM36
Fisheries of the Exclusive Economic Zone Off Alaska; Maximum
Retainable Bycatch Percentages, Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a regulatory amendment that separates shortraker
and rougheye (SR/RE) rockfish from the aggregated rockfish species
group for purposes of calculating maximum retainable bycatch (MRB) and
reduces the percentages for SR/RE rockfish in the Eastern Regulatory
Area (ERA) of the Gulf of Alaska (GOA) groundfish fisheries. This
action is necessary to slow the harvest rate of SR/RE thereby reducing
the potential for overfishing. This action is intended to further the
objectives of the Fishery Management Plan for Groundfish of the Gulf of
Alaska (FMP).
DATES: Effective January 5, 2000.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for
this action may be obtained from NMFS, Sustainable Fisheries Division,
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori
Gravel or by calling the Alaska Region, NMFS, at 907-586-7228.
FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in
the exclusive economic zone of the GOA is managed by NMFS according to
the FMP. The FMP was prepared by the North Pacific Fishery Management
Council (Council) under authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). Fishing by US
vessels is governed by regulations implementing the FMP at 50 CFR part
679. General regulations governing Federal fisheries are also found at
50 CFR part 600.
Regulations at 50 CFR 679.20(e) establish MRB percentages for
groundfish species or species groups that are closed to directed
fishing. The MRB amount is calculated as a percentage of the species
that are closed to directed fishing relative to the amount of other
species retained on board the vessel that are open for directed
fishing. The MRB percentages serve as a management tool to slow down
the harvest rates of non-target species by limiting the amount that can
be retained on board a vessel. This total also is used to minimize
regulatory discard of non-target species when they are taken incidental
to other directed fisheries because MRBs avoid or delay placing a
species on ``prohibited'' status, which prohibits any retention. The
MRB percentages reflect a balance between slowing harvest rates and
minimizing the potential for undesirable discard. Although directed
fishing for a species or species group may be prohibited under 50 CFR
679.20(d)(1)(iii), fishermen may ``top off'' their retained catch of
these species by deliberately targeting the incidental species up to
the MRB amount.
This final rule makes the following regulatory changes: (1) Removes
SR/RE rockfish from the GOA-wide aggregated rockfish species group for
deep-water complex species (primarily Pacific ocean perch and
sablefish), (2) Creates a new species group for SR/RE rockfish in the
ERA of the GOA for deep-water complex species, and (3) Sets the new SR/
RE rockfish MRB at 7 percent relative to deep-water complex species.
This final rule does not change the MRB of 5 percent for SR/RE rockfish
in the GOA-wide aggregated rockfish category relative to shallow-water
complex species.
Additional information on this action is contained in the preamble
to the proposed rule and the EA/RIR/FRFA. The proposed rule was
published in the Federal Register on August 3, 1999 (64 FR 42080), and
the public comment period ended on September 2, 1999. NMFS received no
comments on the proposed rule and no changes from the proposed rule are
made in this final rule.
Compliance Guide for Small Entities
In compliance with the Small Business Regulatory Enforcement
Fairness Act of 1996, NMFS is publishing this paragraph as a compliance
guide that explains how small entities must comply with the regulatory
changes made by this final rule. This rule changes the maximum
retainable amounts of SR/RE rockfish in the ERA of the GOA and affects
all small entities that participate in groundfish fisheries in the ERA
of the GOA and experience incidental catch of SR/RE rockfish. Affected
fishermen should be aware that the MRB rates have changed for SR/RE in
the ERA of the GOA. Affected fishermen must comply with the regulations
concerning MRB rates at Sec. 679.20(e) and Table 10 to part 679.
Classification
The Administrator, Alaska Region, NMFS (Regional Administrator),
determined that this final rule is necessary for the conservation and
management of the groundfish fisheries of the GOA. The Regional
Administrator also determined that this final rule is consistent with
the Magnuson-Stevens Act and other applicable law. This action has been
determined to be not significant for purposes of E.O. 12866.
NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) that
describes the impact this final rule will
[[Page 68055]]
have on small entities. A copy of this analysis is available from NMFS
(see ADDRESSES). NMFS received no comments on the Interim Regulatory
Flexibility Analysis prepared for the proposed rule for this action.
This action is being taken because harvest of SR/RE has
significantly exceeded the total allowable catch (TAC) for SR/RE in the
ERA of the GOA in each of the last 4 years. In 1998, while
participating in the rockfish fisheries, 23 small trawl catcher vessels
and 17 catcher/processors accounted for 772 mt of SR/RE harvest in the
GOA (roughly 45 percent of the total harvest of SR/RE). Also in 1998,
484 small hook-and-line catcher vessels harvested 710 mt of SR/RE while
participating in the sablefish fishery. Of the total 1,482 mt of SR/RE
harvested by these two sectors, only 1,064 mt was actually retained
(about 72 percent of the total catch amount). About 50 percent of the
SR/RE harvested was in SR/RE directed hauls. These hauls, composed
primarily of SR/RE, are likely to be ``top off'' hauls, some of which
would no longer be available given the reduced ability to ``top off''
at historic levels. Any marginal loss in the short-term due to reduced
retention of SR/RE would be offset by the long-term viability of the
fishery by harvesting at maximum acceptable biological levels.
The preferred alternative, which this rule implements, of reducing
the MRB for SR/RE in the ERA of the GOA was found to be the least
restrictive on small entities while maximizing the harvest of SR/RE
within the TAC amount. Under the status quo alternative, fishing
mortality of SR/RE would continue at levels above the acceptable
biological catch and would likely cause adverse impacts to the fishery
resulting in reduced stocks; therefore, the alternative was rejected.
The alternative of reducing the MRB in all areas of the GOA also was
rejected because it was too restrictive on entities fishing in areas
that have not exceeded acceptable harvest amounts within the last 3
years.
This final rule does not contain reporting, recordkeeping, or
compliance requirements and no relevant Federal rules duplicate,
overlap, or conflict with this final rule.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: November 30, 1999.
Garry F. Mayer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is amended
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In part 679, Table 10 to Part 679--Gulf of Alaska Retainable
Percentages is revised to read as follows:
* * * * *
Table 10 to Part 679.--Gulf of Alaska Retainable Percentages
[Incidental Catch Species \1\]
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Aggregated
Pollock Pacific Deep Rex Flathead Shallow Arrowtooth Sablefish Aggregated SR/RE DSR SEO Atka forage Other
cod flatfish sole sole flatfish rockfish ERA \3\ \4\ mackerel fish \5\ species
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BASIS SPECIES \1\
Pollock........................................... \6\ na 20 20 20 20 20 35 1 5 \6\ na 10 20 2 20
Pacific cod....................................... 20 \6\ na 20 20 20 20 35 1 5 \6\ na 10 20 2 20
Deep flatfish..................................... 20 20 \6\ na 20 20 20 35 7 15 7 1 20 2 20
Rex sole.......................................... 20 20 20 \6\ na 20 20 35 7 15 7 1 20 2 20
Flathead sole..................................... 20 20 20 20 \6\ na 20 35 7 15 7 1 20 2 20
Shallow flatfish.................................. 20 20 20 20 20 \6\ na 35 1 5 \6\ na 10 20 2 20
Arrowtooth........................................ 5 5 0 0 0 0 \6\ na 0 0 0 0 0 2 0
Sablefish......................................... 20 20 20 20 20 20 35 \6\ na 15 7 1 20 2 20
Pacific ocean perch............................... 20 20 20 20 20 20 35 7 15 7 1 20 2 20
Shortraker/rougheye............................... 20 20 20 20 20 20 35 7 15 \6\ na 1 20 2 20
Other rockfish.................................... 20 20 20 20 20 20 35 7 15 7 1 20 2 20
Northern rockfish................................. 20 20 20 20 20 20 35 7 15 7 1 20 2 20
Pelagic rockfish.................................. 20 20 20 20 20 20 35 7 15 7 1 20 2 20
DSR-SEO........................................... 20 20 20 20 20 20 35 7 15 7 \6\ na 20 2 20
Thornyhead........................................ 20 20 20 20 20 20 35 7 15 7 1 20 2 20
Atka mackerel..................................... 20 20 20 20 20 20 35 1 5 \6\ na 10 \6\ na 2 20
Other species..................................... 20 20 20 20 20 20 35 1 5 \6\ na 10 20 2 \6\ na
Aggregated amount of non-groundfish species....... 20 20 20 20 20 20 35 1 5 \6\ na 10 20 2 20
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\1\ For definition of species, see Table 1 of the GOA groundfish specifications.
\2\ Aggregated rockfish means rockfish defined at Sec. 679.2 except in the Southeast Outside District where demersal shelf rockfish (DSR) is a separate category and in the Eastern Regulatory
Area where shortraker/rougheye (SR/RE) rockfish is a separate category for the deep water complex only.
\3\ SR/RE ERA=shortraker/rougheye rockfish in the Eastern Regulatory Area.
\4\ SEO=Southeast Outside District.
\5\ Forage fish are defined at Sec. 679.2.
\6\ na=not applicable.
[FR Doc. 99-31555 Filed 12-3-99; 8:45 am]
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