[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Proposed Rules]
[Pages 23261-23263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11242]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 980414096-8096-01; I.D. 032698A]
RIN 0648-AJ99
Fisheries of the Exclusive Economic Zone Off Alaska; Gear
Allocation of Shortraker and Rougheye Rockfish in the Aleutian Islands
Subarea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Amendment 53 to the
Fishery Management Plan for the Groundfish Fishery of the Bering Sea
and Aleutian Islands Area (FMP). Amendment 53 would allocate shortraker
rockfish and rougheye rockfish (SR/RE) in the Aleutian Islands subarea
(AI) between vessels using trawl gear and vessels using non-trawl gear.
This action is necessary to prevent the incidental catch of SR/RE in
trawl fisheries from closing non-trawl fisheries and is intended to
further the objectives of the FMP.
DATES: Comments must be received at the following address by June 12,
1998.
ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries 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 or by calling the Alaska
Region, NMFS, at 907-586-7228.
FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Management Background and Need for Action
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
[[Page 23262]]
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 50 CFR parts 600 and
679.
The Council has submitted Amendment 53 for Secretarial review and a
Notice of Availability of the FMP amendment was published at 63 FR
16223 (April 2, 1998) with comments on the FMP amendment invited
through June 1, 1998. All written comments received by June 1, 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.
SR/RE are commercially valuable species. However, amounts available
to the commercial fisheries are limited by a relatively small total
allowable catch (TAC) amount that is fully needed to support incidental
catch or 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. Bycatch of SR/RE is highest in the Pacific ocean perch
(POP) and Atka mackerel trawl fisheries, but SR/RE also are taken in
non-trawl fisheries. Of the total observed SR/RE bycatch from 1995 and
1996, 20.5 percent and 10.1 percent, respectively, were taken in non-
trawl fisheries.
In 1997, inseason management of groundfish fisheries in the AI was
frustrated by the relatively high bycatch of SR/RE in the POP and Atka
mackerel trawl fisheries (781 mt and 161 mt, respectively). This
resulted in a total catch that exceeded the acceptable biological catch
for SR/RE. Estimates of SR/RE bycatch through mid-1997 indicated that
the overfishing level would be reached if fisheries that took these
species in the AI were not closed. As a result, NMFS prohibited the
retention of Atka mackerel, Pacific cod, and rockfish by vessels using
trawl gear and retention of Pacific cod and Greenland turbot by vessels
using hook-and-line gear. Had it been necessary, NMFS was prepared to
close the Individual Fishing Quota fishery for sablefish to prevent
overfishing of SR/RE. Thus, although overfishing concerns stemmed
primarily from the bycatch of SR/RE in the POP and Atka mackerel trawl
fisheries, non-trawl fisheries that also take incidental amounts of
these rockfish were closed, or threatened with closure, to prevent
overfishing of SR/RE. These overfishing closures disrupted fishing
plans and resulted in a loss of economic opportunity for the trawl and
non-trawl fishing industry.
Concerns about the overall management of the SR/RE TAC, as well as
trawl and non-trawl industry frustration about actual or potential
fishery closures resulting from overfishing concerns, prompted the
Council to take several actions at its June and September 1997
meetings. First, the Council recommended that separate maximum
retainable bycatch (MRB) percentages be established for SR/RE that
would minimize the impact that ``topping off'' behavior may have on the
rate at which the SR/RE TAC is reached. ``Topping off'' occurs when
vessel operators alter fishing operations to catch more SR/RE than they
otherwise would so that their retained catch of these species may be
maximized under MRB constraints. To minimize this practice, the Council
voted to establish a separate MRB percentage for SR/RE of 7 percent
relative to certain deepwater species (primarily POP) and 2 percent
relative to all other species except arrowtooth flounder, which cannot
be used as a species against which SR/RE may be retained. A final rule
that implemented the Council's recommended MRB percentages was
published in the Federal Register on March 31, 1998 (63 FR 15334),
effective on April 30, 1998.
In spite of the proposed MRB percentages, overall bycatch amounts
of SR/RE still could pose concern because the TAC amounts annually
specified for SR/RE are small in comparison to the high volume POP and
Atka mackerel trawl fisheries. Consequently, representatives of the
trawl and non-trawl industries recommended that the Council adopt an
FMP amendment to allocate SR/RE between gear groups. At its February
1998 meeting, the Council approved Amendment 53 to the FMP. After
subtraction of reserves, this amendment would allocate 30 percent of
the remaining SR/RE TAC to non-trawl gear and 70 percent of the
remaining SR/RE TAC to trawl gear.
The industry-recommended allocation of SR/RE TAC between trawl and
non-trawl vessels is intended to provide an allocation to the non-trawl
fleet in excess of actual relative harvest in recent years. This
measure should provide these operations adequate opportunity to fully
harvest their allocations of Pacific cod and sablefish. Trawl industry
representatives endorsed this split, recognizing that trawl bycatch
rates will likely decrease as a result of the proposed reduction in the
MRB percentages for SR/RE. A gear allocation based solely on historical
catch between gear groups would not adequately account for the fact
that non-trawl fisheries have been preempted in the past by closures
resulting from trawl bycatch of SR/RE; nor would it conform with an
industry negotiated settlement on what an equitable allocation should
be. Finally, a gear-specific allocation of SR/RE would allow more
effective management of SR/RE in both fisheries and minimize the
potential for over harvest of the SR/RE TAC.
Classification
At this time, NMFS has not determined that the FMP amendment this
rule would implement is consistent with the national standards 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 a regulatory impact review that describes the impact
this proposed rule, if adopted, would have on small entities. 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 impact on a substantial number of small
entities as follows:
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 $3,000,000 as small businesses.
Additionally, 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 economic
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, resulted in compliance costs for small entities that
are at least 10 percent higher than compliance costs as a percent of
sales for large entities, or would be likely to cause approximately
2 percent of the affected small businesses to go out of business.
NMFS assumes that catcher vessels participating in the Alaska
groundfish fisheries are ``small entities'' for purposes of the
Regulatory Flexibility Act.
In 1996, 213 vessels participated in the Aleutian Islands (AI)
groundfish fisheries all of which could be affected by this rule. Of
these, 140 vessels (66 percent) were catcher vessels and would be
considered the universe of impacted small entities by NMFS. One
hundred percent of these small entities
[[Page 23263]]
could be affected by this rule. Thus, this rule affects a
substantial number of small entities.
There is no directed fishery for SR/RE. These species are taken
as bycatch in other BSAI fisheries, including Pacific ocean perch,
Atka mackerel, Pacific cod, sablefish, and Greenland turbot. When
the SR/RE total allowable catch is taken, the other fisheries that
take SR/RE are closed. Trawl vessels generally take more SR/RE than
non-trawl fisheries. To prevent trawl fisheries from closing non-
trawl fisheries, the proposed rule would allocate 30 percent of SR/
RE bycatch to non-trawl vessels.
During 1995 and 1996, non-trawl vessels were responsible for 22
percent and 18 percent respectively of the bycatch of SR/RE. Thus,
the proposed allocation is in excess of the actual amount of bycatch
in the non-trawl sector and represents a shift of approximately 10
percent from the trawl to the non-trawl sector. During 1996, 93 non-
trawl catcher vessels fished in the AI subarea. During 1997, small
entities that participated in Aleutian Island non-trawl fisheries
landed an estimated $1,618,506 worth of sablefish, rockfish,
Greenland turbot and Pacific cod. These vessels would be positively
impacted by this rule, because it would be less likely that non-
trawl fisheries would be shut down due to SR/RE bycatch concerns.
During 1996, 47 trawl catcher vessels fished in the AI. These
vessels could be negatively impacted by the proposed rule to the
extent that SR/RE bycatch concerns result in shortened trawl
seasons. However, only those fisheries in which SR/RE bycatch is
high, primarily Atka mackerel and Pacific ocean perch, would risk
early closure. Both of these fisheries are primarily undertaken by
catcher/processor vessels (large entities). Between 1992 and 1996,
only two catcher vessels (1.4 percent of the affected small
entities) participated in the Pacific ocean perch trawl fishery and
no catcher boats participated in the Atka mackerel trawl fishery.
Both of these vessels would be able to switch to other fisheries in
the event that the Pacific ocean perch fishery were shut down due to
SR/RE bycatch concerns. NMFS data indicate that these two vessels
landed only small amounts of Pacific ocean perch.
The proposed amendment would reduce the amount of SR/RE
available to the trawl sector by approximately 10 percent. To the
extent that small entities participating in trawl fisheries actually
retain SR/RE, this reduction would cause a negative impact. In 1996,
small entities retained only 3,300 pounds. of SR/RE. Less than 600
pounds was landed by small entities participating in trawl
fisheries. The remaining 2,700 pounds was landed by small entities
participating in non-trawl fisheries. If the amount landed by trawl
catcher vessels were reduced by 10 percent, a loss of 60 pounds, or
$66, could potentially result.
Thus, NMFS is able to conclude that substantially fewer than 20
percent of the affected small entities would experience any negative
impact at all, and that in no case would this rule result in a
significant impact on a substantial number of small entities.
As a result, a regulatory flexibility analysis was not prepared. A
copy of the analysis is available from NMFS (See ADDRESSES).
This proposed 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: April 21, 1998.
Rolland A. Schmitten,
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. and 3631 et seq.
2. In Sec. 679.20, paragraph (a)(9) is redesignated as paragraph
(a)(10), and a new paragraph (a)(9) is added to read as follows:
Sec. 679.20 General limitations.
* * * * *
(a) * * *
(9) BSAI shortraker rockfish and rougheye rockfish. After
subtraction of reserves, the TAC of Shortraker rockfish and rougheye
rockfish specified for the Aleutian Islands subarea will be allocated
30 percent to vessels using non-trawl gear and 70 percent to vessels
using trawl gear.
* * * * *
[FR Doc. 98-11242 Filed 4-27-98; 8:45 am]
BILLING CODE 3510-22-F