[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15334-15335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8427]



[[Page 15334]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971231319-8070-02; I.D. 112697A]
RIN 0648-AK09


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: Final rule.

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SUMMARY: NMFS implements a regulatory amendment to establish separate 
maximum retainable bycatch (MRB) percentages for shortraker rockfish 
and rougheye rockfish (SR/RE) in the Aleutian Islands Subarea (AI) 
groundfish fisheries. This action is necessary to slow the harvest rate 
of SR/RE, which will reduce the potential for overfishing. This action 
is intended to further the objectives of the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
(FMP).

DATES: Effective April 30, 1998.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review prepared for this action may be obtained from the 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: Alan Kinsolving, 907-586-7228.

SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in 
the exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) 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 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 
closed to directed fishing (bycatch species) relative to the amount of 
other species retained onboard the vessel that are open for directed 
fishing. Amounts of a bycatch species onboard a vessel that are below 
or equal to the specified MRB percentage for that species may be 
retained. Amounts that are in excess of the MRB percentage must be 
discarded. Such discards that are required by the regulations are known 
as regulatory discards.
    MRB percentages serve as a management tool to slow the harvest 
rates of bycatch species by limiting the amount that can be retained on 
board a vessel. By not placing the bycatch species on ``prohibited'' 
status, thereby prohibiting all retention, MRBs also serve to minimize 
regulatory discard of bycatch species when they are taken incidental to 
other directed fisheries. MRB percentages reflect a balance between the 
need to reduce the harvest rate of bycatch species and the desire to 
minimize regulatory discard of the bycatch species. Although MRB 
percentages limit the incentive to target on a bycatch species, 
fishermen can ``top off'' their retained catch with these species up to 
the MRB amount by deliberately targeting the bycatch species.
    Currently, MRBs are established for aggregate rockfish species that 
are closed to directed fishing. As part of the aggregate rockfish MRB, 
the combined amounts of SR/RE and other rockfish closed to directed 
fishing must not exceed the following percentages of other species that 
are open to directed fishing: (a) 15 percent relative to deepwater 
species (other rockfish species, sablefish, Greenland turbot, and 
flathead sole), (b) 5 percent relative to shallow water species (Atka 
mackerel, pollock, yellowfin sole, rock sole, ``other flatfish'', 
squid, and other species) and (c) 0 percent relative to arrowtooth 
flounder.
    SR/RE are highly valued, but amounts available to the commercial 
fisheries are limited by a relatively small total allowable catch (TAC) 
amount that is fully needed to support bycatch needs in other 
groundfish fisheries. As a result, the directed fishery for SR/RE 
typically is closed at the beginning of the fishing year. Nonetheless, 
bycatch amounts of SR/RE can exceed TAC and approach the specified 
overfishing level. When the overfishing level of SR/RE is reached, NMFS 
must close all other fisheries in which SR/RE is taken as bycatch.
    In response to this problem, the Council recommended that NMFS 
establish separate MRB percentages for SR/RE lower than the current MRB 
percentages for SR/RE. A proposed rule to implement this regulatory 
amendment was published in the Federal Register on January 16, 1998 (63 
FR 2654) with comments invited through February 17, 1998. No letters of 
comment were received.
    This action separates SR/RE from the aggregated rockfish bycatch 
species group and establishes MRB percentages for SR/RE in the AI at 7 
percent relative to deepwater complex species and to 2 percent relative 
to shallow water complex species. The MRB percentage relative to 
arrowtooth flounder remains at 0 percent.

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 the measures this rule would 
implement would not have a significant economic impact on a substantial 
number of small entities. The basis for this certification was 
published in the proposed rule, (63 FR 2654, January 16, 1998). No 
comments were received regarding this certification. Thus, a regulatory 
flexibility analysis was not prepared.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: March 25, 1998.
Gary Matlock,
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 11 is revised to read as follows:

[[Page 15335]]



                                                        Table 11.--Bering Sea and Aleutian Islands Management Area Retainable Percentages                                                       
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                                                                                                                                           Shortraker                        Aggregate          
                                      Pollock   Pacific    Atka     Arrow-   Yellowfin    Other     Rock     Flathea  Greenland   Sable-    rougheye   Aggregated    Squid     forage     Other 
                                                  cod    mackerel    tooth      sole    flatfish    sole     d sole     turbot     fish       (AI)      rockfish                fish     species
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         Basis Species \1\                                                                                                                                                                      
Pollock............................    na \4\        20        20        35         20        20        20        20          1         1          2           5         20          2        20
Pacific cod........................        20    na \4\        20        35         20        20        20        20          1         1          2           5         20          2        20
Atka mackerel......................        20        20    na \4\        35         20        20        20        20          1         1          2           5         20          2        20
Arrowtooth.........................         0         0         0    na \4\          0         0         0         0          0         0          0           0          0          2         0
Yellowfin sole.....................        20        20        20        35     na \4\        35        35        35          1         1          2           5         20          2        20
Other flatfish.....................        20        20        20        35         35    na \4\        35        35          1         1          2           5         20          2        20
Rock sole..........................        20        20        20        35         35        35    na \4\        35          1         1          2           5         20          2        20
Flathead sole......................        20        20        20        35         35        35        35    na \4\         35        15          7          15         20          2        20
Greenland turbot...................        20        20        20        35         20        20        20        20     na \4\        15          7          15         20          2        20
Sablefish..........................        20        20        20        35         20        20        20        20         35    na \4\          7          15         20          2        20
Other rockfish.....................        20        20        20        35         20        20        20        20         35        15          7          15         20          2        20
Other red rockfish-BS..............        20        20        20        35         20        20        20        20         35        15     na \4\          15         20          2        20
Pacific ocean perch................        20        20        20        35         20        20        20        20         35        15          7          15         20          2        20
Sharpchin/Northern-AI..............        20        20        20        35         20        20        20        20         35        15          7          15         20          2        20
Shortraker/Rougheye-AI.............        20        20        20        35         20        20        20        20         35        15     na \4\          15         20          2        20
Squid..............................        20        20        20        35         20        20        20        20          1         1          2           5     na \4\          2        20
Other species......................        20        20        20        35         20        20        20        20          1         1          2           5         20          2    na \4\
Aggregated amount non-groundfish                                                                                                                                                                
 species...........................        20        20        20        35         20        20        20        20          1         1          2           5         20          2        20
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\1\ For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.                                                                                    
\2\ Aggregated rockfish of the genera Sebastes and Sebastolobus except in the Aleutian Islands Subarea where shortraker and rougheye rockfish is a separate category.                           
\3\ Forage fish are defined at Sec.  679.2.                                                                                                                                                     
\4\ na = not applicable.                                                                                                                                                                        

[FR Doc. 98-8427 Filed 3-30-98; 8:45 am]
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