[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Proposed Rules]
[Pages 42080-42082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19866]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 90720198-9198-01; 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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes a regulatory amendment to separate shortraker 
rockfish and rougheye rockfish (SR/RE) from the aggregated rockfish 
bycatch species group and reduce maximum retainable bycatch (MRB) 
percentages for SR/RE 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 the Groundfish Fishery of the Gulf of 
Alaska (FMP).

DATES: Comments must be received at the following address by September 
2, 1999.

ADDRESSES: Comments may be sent to Susan 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/Initial Regulatory 
Flexibility Analysis 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: 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 U.S. 
vessels is governed by regulations implementing the FMP at 50 CFR parts 
600 and 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 on 
bycatch status relative to the amount of other species retained on 
board the vessel that are open for directed fishing. 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. 
By not placing a species on ``prohibited'' status, thereby prohibiting 
all retention, MRBs also serve to minimize regulatory discard of non-
target species when they are taken incidental to other directed 
fisheries. 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 can ``top off'' their retained 
catch with these species up to the MRB amount by deliberately targeting 
the bycatch species.
    In October 1998, the Council requested NMFS to initiate an analysis 
for a regulatory amendment to reduce the MRB percentages for SR/RE. 
Reducing the MRB percentages is needed to slow the harvest rates of SR/
RE in the groundfish fisheries, thereby reducing the potential for 
overfishing and minimizing industry incentives to ``top off'' retained 
catch with SR/RE. Based on the analysis presented to the Council at its 
meeting in April 1999, the Council recommended that SR/RE be separated 
from the aggregated rockfish bycatch species group in the ERA of the 
GOA for the deep-water complex only. In addition, the Council 
recommended that the MRB percentages for SR/RE be reduced to 7 percent 
relative to deep-water complex species in the ERA (primarily Pacific 
ocean perch (POP) and sablefish) and remain at 5 percent (in the 
aggregated rockfish category GOA-wide) relative to shallow-water 
complex species. The MRB percentage relative to arrowtooth flounder 
would remain at 0 percent. Further rationale for these MRB adjustments 
is discussed below.

Separation of SR/RE From Aggregated Rockfish

    MRB percentages are established for aggregate rockfish species that 
are closed to directed fishing. Rockfish species were aggregated 
because of concerns that separate MRB percentages for each rockfish 
species category would increase the overall amount of rockfish that 
could be retained and increase incentives to vessel operators to ``top 
off'' their retained catch of target species with rockfish. As part of 
the aggregate rockfish MRB, the combined amounts of rockfish on bycatch 
status must not exceed specified percentages of other retained species 
that are open to directed fishing. These percentages are 15 percent 
relative to deep-water complex species (other rockfish species, 
sablefish, Greenland turbot, and flathead sole) and 5 percent relative 
to shallow-water complex species (Atka mackerel, pollock, Pacific cod, 
yellowfin sole, rock sole, ``other flatfish,'' squid, and other 
species).
    SR/RE are highly valued, but amounts available to the commercial 
fisheries are limited by the relatively small amounts of total 
allowable catch (TAC), all of which are needed to support incidental 
catch needs in other groundfish fisheries. As a result, the directed 
fishery for SR/RE typically is closed at the beginning of the fishing 
year. Incidental catch amounts of SR/RE, however, can exceed the 
species TAC and approach its overfishing level. In 1998, the SR/RE 
incidental catch in the ERA trawl and hook-and-line fisheries (181 mt 
and 554 mt, respectively) exceeded the acceptable biological catch 
(ABC) and caused overfishing concerns. This resulted in SR/RE being 
placed on prohibited species status on October 1, 1998. In this case, 
closure of any fishery, including the individual fishing quota 
fisheries for sablefish and halibut, that could have incidental catches 
of SR/RE was a possibility; SR/RE bycatch did not reach the overfishing 
level and those fisheries remained open.
    For these reasons, NMFS proposes to remove SR/RE from the 
aggregated rockfish bycatch species group and establish a SR/RE bycatch 
species group for the ERA of the GOA.

[[Page 42081]]

Reduction of the SR/RE MRB Percentages

    The majority of SR/RE bycatch is taken in the POP and sablefish 
fisheries. Based on data reported by the fishing industry since 1995, 
the amount of retained SR/RE bycatch in the rockfish fishery has ranged 
from 78 to 91 percent. During the same time period, the retained amount 
of SR/RE in the hook-and-line sablefish fishery relative to other 
retained catch has ranged from 51 to 69 percent.
    Analyses of 1996-1998 observer data in the GOA fisheries indicate 
that most SR/RE bycatch is taken in the minority of hauls. In the POP 
fishery, the average bycatch rate for SR/RE from 1996 through 1998 was 
only 3.3 percent. The average incidental catch rate for the hook-and-
line sablefish fishery for the same time period was only 3.1 percent. 
However, about 50 percent of the SR/RE incidental catch was associated 
with hauls that had SR/RE as the majority of the catch.
    To the extent that these high-bycatch hauls represent ``topping 
off,'' a reduction in MRB percentages would limit this activity and 
reduce the risk of approaching the overfishing level for SR/RE stocks. 
The proposed MRB percentages, however, remain high enough to prevent an 
increase in regulatory discards.

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
determined that this rule is necessary for the conservation and 
management of the groundfish fisheries of the GOA. The Regional 
Administrator also determined that this proposed 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. No new reporting, recordkeeping, or compliance 
requirements are imposed by this rule.
    NMFS has prepared an Initial Regulatory Flexibility Analysis (IRFA) 
that describes the impact this proposed rule, if adopted, would have on 
small entities. A copy of this analysis is available from NMFS (see 
ADDRESSES).
    Currently, insufficient quantitative economic information exists on 
the affected fishery to determine the economic significance of this 
action. In the absence of such quantitative social and economic data, a 
qualitative IRFA was conducted to comply with the Regulatory 
Flexibility Act. The following summarizes the extent to which this rule 
is expected to adversely impact small entities and the alternatives 
considered.
    This proposed action is being considered because harvest of SR/RE 
has significantly exceeded the TAC in the ERA of the GOA in each of the 
last 4 years. This action could have direct effects on 138 fishing 
vessels. In 1998, while participating in the rockfish fisheries, 23 
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 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 to the fishery in the ERA of 
the GOA given the reduced ability to ``top off'' at historic levels. 
Any marginal loss in the short-term due to forgone catch of SR/RE would 
be offset by the long-term viability of the fishery while harvesting at 
maximum acceptable biological levels.
    The alternative 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 ABC and would likely cause adverse modification 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 proposed rule does not contain reporting, recordkeeping, or 
compliance requirements and there are no relevant Federal rules which 
may duplicate, overlap, or conflict with this proposed rule.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: July 27, 1999.
Andrew A. Rosenberg,
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., and 3631 et seq.

    2. In part 679, Table 10 to Part 679--Gulf of Alaska Retainable 
Percentages is revised to read as follows:

[[Page 42082]]



                                                                   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   Arrow-   Sablefish   Aggregated   SR/RE   DSR SEO    Atka      forage     Other
                                                                 cod    flatfish    sole     sole    flatfish    tooth                rockfish   ERA \3\    \4\    mackerel   fish \5\   species
----------------------------------------------------------------------------------------------------------------------------------------\2\-----------------------------------------------------
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          7        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-SEEO........................................       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. 99-19866 Filed 8-2-99; 8:45 am]
BILLING CODE 3510-22-P