[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Proposed Rules]
[Pages 63690-63692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31583]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 971112269-7269-01; I.D. 102997A]
RIN 0648-AK13
Fisheries of the Exclusive Economic Zone off Alaska; Revised
Management Authority for Pelagic Shelf Rockfish
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 regulations to implement Amendment 46 to the
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP)
which has been submitted by the North Pacific Fishery Management
Council (Council) for Secretarial review. Amendment 46 would remove
black and blue rockfish from the complex of species managed under the
FMP. The State of Alaska (State) would regulate fishing for these
species by vessels registered under Alaska law. This action is
necessary to allow the State to implement more responsive, regionally-
based, management of these species than is currently possible under the
FMP. The intended effect of this action is to repeal duplicative
Federal regulations, provide for more responsive State management and
prevent localized overfishing of black and blue rockfish stocks.
DATES: Comments on the proposed rule must be received by January 16,
1998.
ADDRESSES: Comments should be submitted to Chief, Fisheries Management
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn:
Lori Gravel, or delivered to
[[Page 63691]]
the Federal Building, 709 West 9th Street, Juneau, AK. Copies of the
proposed Amendment 46 and the Environmental Assessment/Regulatory
Impact Review (EA/RIR) and related economic analysis prepared for the
proposed action are available from the North Pacific Fishery Management
Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501-2252;
telephone: 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Alan Kinsolving 907-586-7228.
SUPPLEMENTARY INFORMATION:
Management Background and Need for Action
The domestic groundfish fisheries in the exclusive economic zone of
the Gulf of Alaska (GOA) are managed by NMFS under the FMP. The FMP was
prepared by the Council under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). Regulations governing the
groundfish fisheries of the GOA appear at 50 CFR parts 600 and 679.
The Council has submitted Amendment 46 for Secretarial review and a
Notice of Availability (NOA) of the FMP amendment was published on
November 5, 1997 (62 FR 59844), with comments on the FMP amendment
invited through January 5, 1998. All written comments received by
January 5, 1998, whether specifically directed to the FMP amendment,
the proposed rule, or both, will be considered in the approval/
disapproval decision on the FMP amendment.
Black rockfish (Sebastes melanops) and blue rockfish (S. mystinus)
currently are managed as part of the pelagic shelf rockfish assemblage
(PSR) under the FMP. The Council is concerned that recent expansion of
a fishery for these species in the central GOA may result in
unsustainable black and blue rockfish catches.
Two problems with Federal management of black and blue rockfish
have been identified by the Council. First, the total allowable catch
(TAC) for all PSR species is based on a triennial trawl survey. Survey
catches are dominated (93 percent to over 99 percent) by the
underexploited dusky rockfish. This leads to the development of
acceptable harvest levels for the PSR assemblage that are sustainable
for stronger PSR stocks such as dusky rockfish, but that may be
inappropriate for weaker black and blue rockfish stocks. Second, the
trawl survey only samples fish on or near a smooth bottom. However,
most black and blue rockfish occur in rocky nearshore reef habitats
that are not sampled by this survey. Small-area harvest guidelines,
developed using more selective sampling methodologies, are necessary to
prevent localized depletion of these territorial, slow-growing, long-
lived species. The current management system cannot accommodate this.
Currently, both species are taken chiefly in State waters (78
percent in 1996). Under current management, the State's closure of the
rockfish fishery in State waters is often followed by a reported shift
in effort to PSR species in adjacent Federal waters. Transferring
management of these species to the State should result in more
effective conservation measures in both nearshore and offshore waters
while eliminating duplicative Federal management.
At its June 1997 meeting, the Council adopted Amendment 46 to the
FMP. If this amendment were approved, the State could regulate State-
registered vessels fishing for black and blue rockfish. The black and
blue rockfish fishery is not large, and all vessels participating in it
are registered under the laws of the State. Typically, the vessels are
small, and operators would be unable to land their catch outside the
State. Insurance and safety concerns also make it unlikely that vessels
in the fishery would not be registered with the State. Thus, it is
unlikely that any vessel harvesting black or blue rockfish in Federal
waters would not be subject to State regulations.
Black and blue rockfish are also taken as bycatch in other
federally managed fisheries, especially the halibut Individual Fishing
Quota and Pacific cod jig fisheries. By removing black and blue
rockfish from the FMP, the State could impose on State registered
vessels fishing in the Federal fisheries only such additional State
measures, like bycatch retention limits for blue and black rockfish, as
are consistent with the applicable Federal fishing regulations for the
fishery in which the vessel is operating. The Council's intent is not
to give the State authority to indirectly regulate other federally
managed fisheries through State implementation of gear restrictions,
area closures, or other bycatch control measures.
To manage directed fishing closures for FMP groundfish effectively,
NMFS must know whether these species are taken in a directed groundfish
fishery or as bycatch in a nongroundfish fishery. Because other
groundfish are often taken at the same time as black and blue rockfish,
NMFS would continue to require reporting of retained black and blue
rockfish when they are landed at the same time as other FMP groundfish.
Classification
At this time, NMFS has not determined that Amendment 46 is
consistent with the national standards, other provisions of the
Magnuson-Stevens Act, and other applicable laws. NMFS, in making that
determination, will take into account the data, views, and comments
received during the comment period.
NMFS prepared an EA/RIR that describes the impact this proposed
rule, if adopted, would have on small entities. A copy of the RIR is
available from the Council (see ADDRESSES). Based on the economic
analysis in the RIR, the Assistant General Counsel for Legislation and
Regulation of the Department of Commerce made the following
certification to the Chief Counsel for Advocacy of the Small Business
Administration that the proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities:
The Small Business Administration has defined all fish-
harvesting or hatchery businesses that are independently owned and
operated, not dominant in their field of operation, with annual
receipts not in excess of $3 million as small businesses. In
addition, seafood processors with 500 employees or fewer, wholesale
industry members with 100 employees or fewer, not-for-profit-
enterprises, and government jurisdictions with a population of
50,000 or less are considered small entities. NMFS has determined
that a ``substantial number'' of small entities would generally be
20 percent of the total universe of small entities affected by the
regulation. A regulation would have a ``significant negative
impact'' on these small entities if it reduced annual gross revenues
by more than 5 percent, increased total costs of production by more
than 5 percent or resulted in compliance costs for small entities by
at least 10 percent compared with compliance costs as a percent of
sales for large entities.
NMFS assumes that most catcher vessels participating in the
Alaska groundfish fisheries are ``small entities'' for purposes of
the Regulatory Flexibility Act. During 1996, in the GOA, 1,416
catcher vessels participated in the GOA groundfish fishery. Of
those, 302 vessels, or 21 percent, landed black rockfish and would
presumably be affected by the proposed action
During 1996, vessels participating in the fishery landed 973,443
lb (441.6 mt) of black rockfish. Most of these landings were by
vessels participating in the directed jig-gear fishery. Based on an
average price paid of $0.35/lb ($771.61 mt) for Western and Central
GOA landings, and $0.40/lb ($881.84/mt) for Eastern GOA landings,
the 1996 value of these landings is estimated to be about $344,000.
Removing black and blue rockfish from the PSR TAC should
encourage the development of a small vessel fishery targeting under
exploited-black and blue rockfish stocks in the Western and Eastern
GOA. At the same
[[Page 63692]]
time, the State will be able to more effectively manage potentially
overexploited stocks in the Central GOA and increase their long-term
yield. Finally, elimination of duplicative Federal regulations may
ease the regulatory burden on small-vessel fishermen and reduce
compliance costs. Transferring management of black and blue rockfish
to the State may result in short-term restrictions on jig fishermen,
but because both species are predominately taken in State waters,
most fishermen must already comply with State regulations. Thus, it
is not anticipated that the action would meet or exceed any of the
criteria for a significant economic impact.
This proposed rule has been determined to be not significant for
the purposes of E.O. 12866.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: November 20, 1997.
David L. Evans,
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 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.2, a definition of ``rockfish'' is added in
alphabetical order to read as follows:
Sec. 679.2 Definitions.
* * * * *
Rockfish means:
(1) For the Gulf of Alaska: Any species of Sebastes or Sebastelobus
except Sebastes melanops, the black rockfish, and Sebastes mystinus,
the blue rockfish.
(2) For the Bering Sea and Aleutian Islands Management Area: Any
species of Sebastes or Sebastelobus.
* * * * *
3. In Sec. 679.21, paragraph (e)(3)(iv)(D) is revised to read as
follows:
Sec. 679.21 Prohibited species bycatch management.
* * * * *
(e)* * *
(3)* * *
(iv)* * *
(D) Rockfish fishery. Fishing with trawl gear during any weekly
reporting period that results in a retained aggregate amount of
rockfish species that is greater than the retained amount of any other
fishery category defined under this paragraph (e)(3)(iv).
* * * * *
4. In Sec. 679.23, paragraph (d)(1) is revised to read as follows:
Sec. 679.23 Seasons.
* * * * *
(d)* * *
(1) Directed fishing for trawl rockfish. Directed fishing for
rockfish with trawl gear is authorized from 1200 hours, A.l.t., on the
first day of the third quarterly reporting period of a fishing year
through 2400 hours, A.l.t., December 31, subject to other provisions of
this part.
* * * * *
5. In Sec. 679.50, paragraph (c)(2)(iv) is revised to read as
follows:
Sec. 679.50 Groundfish Observer Program applicable through December
31, 1997.
* * * * *
(c)* * *
(2)* * *
(iv) Rockfish fishery. In a retained aggregate catch of rockfish
that is greater than the retained catch of any other groundfish species
or species group that is specified as a separate groundfish fishery
under this paragraph (c)(2).
* * * * *
6. In Table 3 to part 679, the reference to footnote 1 and footnote
1 are removed, and footnotes 2 and 3 are redesignated footnotes 1 and 2
respectively.
7. In Table 10 to part 679, footnote 2 is revised to read as
follows:
Table 10 to part 679--Current Gulf of Alaska Retainable Percentages
* * * * *
2 Aggregated Rockfish means any rockfish except in the
Southeast Outside District where demersal shelf rockfish (DSR) is a
separate category.
* * * * *
[FR Doc. 97-31583 Filed 12-1-97; 8:45 am]
BILLING CODE 3510-22-F