[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Proposed Rules]
[Pages 724-726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 96122063-6363-01; I.D. 120296B]
RIN 0648-AI65


Fisheries of the Exclusive Economic Zone off Alaska; Maximum 
Retainable Bycatch Percentages

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes a regulatory amendment to reduce maximum 
retainable bycatch percentages for sablefish in the Gulf of Alaska 
(GOA) groundfish trawl fisheries and to allow the use of GOA arrowtooth 
flounder as a basis species for the retention of bycatch amounts of 
pollock and Pacific cod when either of these two species is closed to 
directed fishing. This action is necessary to slow the harvest rate of 
GOA sablefish and to provide for fuller utilization of pollock and 
Pacific cod incidentally taken in the arrowtooth flounder fishery. This 
action is intended to further the objectives of the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (FMP).

DATES: Comments must be received at the following address by February 
5, 1997.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802, Attn: Lori Gravel or delivered to the Federal Building, 709 West 
9th Street, Juneau, AK. Copies of the environmental assessment/
regulatory impact review prepared for this action may be obtained from 
the same address.

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 907-586-7228.

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 U.S. 
vessels is governed by regulations implementing the FMP at subpart H of 
50 CFR part 600 and 50 CFR part 679.
    Regulations at Sec. 679.20(e) establish maximum retainable bycatch 
(MRB) percentages for groundfish species or species groups. These MRB 
percentages establish the amount of a species that is

[[Page 725]]

closed to directed fishing that may be retained on board a vessel, 
relative to amounts of other retained species open to directed fishing. 
MRB percentages serve as a management tool to slow down the rate of 
harvest of a bycatch species and to reduce the incentive for fishing 
vessel operators to target on the species. Nonetheless, vessel 
operators may top off their retained catch of these species up to the 
MRB amount. MRB percentages do not necessarily reflect a natural 
incidental catch rate but rather reflect a balance between the 
recognized need to slow harvest rates, minimize the potential for 
undesirable discard, and, in some cases, provide an increased 
opportunity to harvest available total allowable catch (TAC) through 
limited topping off activity.
    Topping off is a recognized and generally accepted activity 
associated with bycatch species. The incentive for fishermen to engage 
in this activity is directly related to the value of, and available 
market for, the bycatch species relative to the associated operational 
costs of fishing first for and retaining one species and subsequently 
topping off that retained catch with a bycatch species up to, and 
including, the allowable MRB percentage.
    Current regulations prohibit the use of arrowtooth flounder as a 
basis species for the retention of other groundfish species closed to 
directed fishing. This prohibition was implemented by NMFS in 1994 to 
respond to industry and Council concern that directed fishing for 
arrowtooth flounder for the purpose of topping off with other, higher-
valued species could result in unacceptably high halibut bycatch rates. 
Little or no market existed for arrowtooth flounder, which subsequently 
was discarded or rendered into meal, but the halibut bycatch amounts 
associated with the arrowtooth flounder fishery were credited against 
the overall halibut bycatch limits available to other fisheries. 
Directed fishing for arrowtooth flounder could increase the rates at 
which halibut bycatch limits or allowances are reached, thus further 
limiting the ability of the groundfish fleet to harvest available TAC 
amounts before halibut bycatch restrictions close the fisheries.
    At the Council's December 1995 meeting, industry representatives 
and individual members of the Council requested that NMFS initiate 
several changes to existing MRB percentages. This request was in 
response to specific concerns about topping off activity and to 
testimony that a limited fishery for GOA arrowtooth flounder exists and 
that this species should be allowed as a basis species for the 
retention of pollock and Pacific cod. Industry representatives and NMFS 
in-season managers also recommended that a reduction of the GOA 
sablefish MRB percentage be considered to respond to fishery management 
issues that became evident as a result of topping off activities in the 
1996 trawl fisheries. At its September 1996 meeting, the Council 
adopted its preferred alternative to reduce the MRB percentages for GOA 
sablefish relative to deep water species from 15 percent to 7 percent 
and to allow the use of GOA arrowtooth flounder as a basis species for 
the retention of pollock and Pacific cod. An MRB of 5 percent of each 
these species relative to arrowtooth flounder is proposed. The Council 
requested staff to explore other changes to MRB percentages for GOA 
rockfish species that may be considered at a future date. Specific 
rationale for each of the proposed changes follows.

Allow the Use of GOA Arrowtooth Flounder as a Basis Species

    At the Council's December 1995 meeting, testimony was presented 
that markets now exist for arrowtooth flounder and that this species 
should be allowed as a basis species for purposes of retaining pollock 
and Pacific cod when these two species are closed to directed fishing. 
An MRB percentage of 5 percent was proposed for pollock and Pacific cod 
relative to arrowtooth flounder.
    NMFS catch data show that bycatch of these two species in the 
arrowtooth flounder fishery since 1994 ranged between 6 and 15 percent, 
higher than the proposed MRB percentage. As a result, some discard of 
GOA pollock and Pacific cod may still occur. Nonetheless, opportunity 
for unacceptably high levels of topping off activity would be limited 
to address halibut bycatch concerns.

Reduce the MRB Percentage for GOA Sablefish

    The current MRB percentage for GOA sablefish is 15 percent relative 
to deep water flatfish, flathead sole, rex sole, and rockfish and 1 
percent relative to all other species. Sablefish typically is a bycatch 
species for the GOA trawl fisheries and trawl vessels maximize 
allowable retention of sablefish through topping off activity. In 1996, 
in-season monitoring and management of trawl fisheries was frustrated 
by unanticipated high harvest rates of Pacific ocean perch (POP) for 
purposes of topping off with sablefish, as well as unprecedented high 
harvest rates of sablefish through topping off activity. As a result of 
these higher than anticipated harvest rates, TACs for sablefish and POP 
were exceeded, these species were put on prohibited species status 
within 2 weeks of the July 1 opening of the trawl rockfish fishery, and 
these species were mandatorily discarded for the remainder of the year. 
NMFS proposes that the MRB percentage for GOA sablefish relative to all 
rockfish species or species groups and deep water flatfish be reduced 
from 15 percent to 7 percent. This change would reduce the harvest rate 
of GOA sablefish as well as that for POP and potentially other rockfish 
species during topping-off activity. The Council concurred in this 
recommendation at its September 1996 meeting.
    The proposed reduction in the sablefish MRBs reflects NMFS catch 
data for the bycatch of sablefish in the deep water flatfish and 
rockfish fisheries since 1994. The bycatch of sablefish in the flathead 
sole and rex sole fisheries ranged between 1-4 percent since 1994, 
lower than the proposed 7 percent MRB. The proposed reduction in the 
sablefish MRB is not anticipated to result in additional discard of 
trawl-caught sablefish. However, it would slow down the harvest rates 
of sablefish. It would also slow the harvest rate of groundfish that 
are open to directed fishing and that serve as a basis for the 
retention of sablefish. A reduced harvest rate would facilitate NMFS's 
ability to monitor the fishery and initiate fishery closures before TAC 
amounts are reached, thus delaying the attainment of TAC and the 
required discard of fish under prohibited species status.

Classification

    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    The proposed regulatory amendment would reduce the maximum 
retainable bycatch (MRB) percentages for sablefish in the Gulf of 
Alaska (GOA) groundfish trawl fisheries and allow the use of GOA 
arrowtooth flounder as a basis species for the retention of bycatch 
amounts of pollock and Pacific cod when either of these two species 
is closed to directed fishing. This action is necessary to slow the 
harvest rates of GOA sablefish and to provide for fuller utilization 
of pollock and Pacific cod incidentally taken in the arrowtooth 
flounder fishery.
    The proposed action primarily would affect GOA trawl operations. 
In 1995, a total of 185 catcher vessels using trawl gear harvested 
GOA groundfish. NMFS considers

[[Page 726]]

catcher vessels to be small entities for purposes of analyses 
required under the Regulatory Flexibility Act. The proposed change 
to the GOA sablefish MRB would affect only trawl operations because 
the retention of sablefish by nontrawl vessels is governed by 
regulations implementing the sablefish individual fishing quota 
program. In 1995, four of the eight catcher vessels participating in 
the GOA rockfish fisheries retained sablefish as bycatch. The 
proposed reduction of the sablefish MRB percentages likely would not 
result in decreased annual revenues to these catcher vessels that 
exceed 5 percent because vessels still would have the opportunity to 
harvest available sablefish TACs through ``topping off'' activity, 
albeit at a reduced rate or over a longer period of time. Topping 
off is the term applied to catching and retaining non-target species 
in order to increase the base used for computing the percentage of 
bycatch of sablefish (or other valuable species) that can be 
retained. Operational costs of doing so could increase as a result, 
but likely not to the extent of posing a significant economic 
impact.
    This action also would provide enhanced opportunity for revenues 
to the extent that participants in the arrowtooth flounder fishery 
retain bycatch amounts of pollock and Pacific cod up to the proposed 
MRB percentage of 5 percent. In 1995, 39 trawl catcher vessels 
retained GOA arrowtooth flounder. The additional revenue to these 
vessels that could result from the proposed action likely would not 
reflect a 5 percent increase in overall annual revenue. Landings of 
arrowtooth flounder in 1995 totaled only about 1 percent of the 
total amount of groundfish landed by catcher vessels. If catcher 
vessel operators chose to retain any bycatch of pollock and Pacific 
cod up to the proposed MRB percentage, the associated landings would 
be 5 percent or less of the arrowtooth landings, or about 0.1 
percent of the total groundfish catch.

As a result, a regulatory flexibility analysis was not prepared.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: December 27, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be 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.

    2. In part 679, Table 10 is revised to read as follows:

                                          Table 10 to Part 679.--Current Gulf of Alaska Retainable Percentages                                          
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                                                                                      Bycatch Species \1\                                               
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                                               Pacific    Deep      Rex   Flathead   Shallow  Arrow-              Aggregated    DSR      Atka     Other 
                                      Pollock    cod    flatfish   sole     sole    flatfish   tooth  Sablefish    rockfish     SEEO   mackerel  species
---------------------------------------------------------------------------------------------------------------------\2\--------\4\---------------------
Basis Species:                                                                                                                                          
    Pollock.........................   \3\ na       20       20       20       20        20       35         1           5         10       20        20
    Pacific cod.....................       20   \3\ na       20       20       20        20       35         1           5         10       20        20
    Deep flatfish...................       20       20   \3\ na       20       20        20       35         7          15          1       20        20
    Rex sole........................       20       20       20   \3\ na       20        20       35         7          15          1       20        20
    Flathead sole...................       20       20       20       20   \3\ na        20       35         7          15          1       20        20
    Shallow flatfish................       20       20       20       20       20    \3\ na       35         1           5         10       20        20
    Arrowtooth......................        5        5        0        0        0         0   \3\ na         0           0          0        0         0
    Sablefish.......................       20       20       20       20       20        20       35    \3\ na          15          1       20        20
    Pacific Ocean perch.............       20       20       20       20       20        20       35         7          15          1       20        20
    Shortraker/rougheye.............       20       20       20       20       20        20       35         7          15          1       20        20
    Other rockfish..................       20       20       20       20       20        20       35         7          15          1       20        20
    Northern rockfish...............       20       20       20       20       20        20       35         7          15          1       20        20
    Pelagic rockfish                       20       20       20       20       20        20       35         7          15          1       20        20
    DSR-SEEO........................       20       20       20       20       20        20       35         7          15     \3\ na       20        20
    Thornyhead......................       20       20       20       20       20        20       35         7          15          1       20        20
    Atka mackerel...................       20       20       20       20       20        20       35         1           5         10   \3\ na        20
    Other species...................       20       20       20       20       20        20       35         1           5         10       20    \3\ na
    Aggregated amount non-groundfish                                                                                                                    
     species........................       20       20       20       20       20        20       35         1           5         10       20       20 
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\1\ For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications                                                              
\2\ Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus except in the southeast Outside District where demersal shelf rockfish   
  (DSR) is a separate category.                                                                                                                         
\3\ na=not applicable.                                                                                                                                  
\4\ SEEO=Southeast Outside District.                                                                                                                    

[FR Doc. 97-7 Filed 1-3-97; 8:45 am]
BILLING CODE 3510-22-W