[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Rules and Regulations]
[Pages 31107-31108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990720198-9307-02; I.D. 070799B]
RIN 0648-AM36


Fisheries of the Exclusive Economic Zone Off Alaska; Maximum 
Retainable Bycatch Percentages, Gulf of Alaska; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document contains a correction to the final rule for 
maximum retainable bycatch (MRB) percentages for the Gulf of Alaska 
(GOA), which was published in the Federal Register on December 6, 1999.

DATES: Effective January 5, 2000.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.

[[Page 31108]]


SUPPLEMENTARY INFORMATION:

Background

    A final rule was published in the Federal Register on December 6, 
1999 (64 FR 68054), to revise MRB percentages for the GOA. A new column 
added to Table 10 to 50 CFR part 679 and two of its footnotes were 
revised to clarify the intent of the North Pacific Fishery Management 
Council. But some of the data contained in the cells of the new column 
have been misinterpreted by management and enforcement officials, the 
State of Alaska Department of Fish and Game, and the fishing industry.
    In Table 10 as published December 6, 1999, if a value appears in 
the ``SR/RE ERA'' column, it was intended to indicate that when 
calculating the retainable incidental catch for the basis species of 
interest, the SR/RE=7 percentage value would be added to the aggregated 
rockfish category percentage value and under that circumstance the SR/
RE would not be included also in the aggregated rockfish value. If no 
value ``na'' appears in the SR/RE column, it was intended to indicate 
that SR/RE may not be calculated separately for the basis species but 
rather is included in the aggregated rockfish value. The ``na'' was 
also used in Table 10 to indicate that the combination of basis species 
and incidental catch species was not applicable since the same species 
appeared in both places.
    Confusion from the two meanings of the term ``na'' in Table 10 
eventually resulted in the interpretation that ``na'' in the ``SR/RE 
ERA'' column meant ``zero.'' Zero retention means that no quantities of 
SR/RE could be retained when calculating incidental catch for a basis 
species. The result of this interpretation was that NMFS Enforcement 
and U.S. Coast Guard required that any incidental SR/RE brought in by 
fishermen with any basis species be discarded (and therefore wasted) 
and also issued a citation to the fisherman for retaining a species 
illegally. The fisherman in question suffered a possible fine plus loss 
of income from the SR/RE. In addition, the fisherman held the correct 
interpretation of SR/RE retention and suffered also the frustration and 
aggravation of doing the correct action supported by regulations and 
being penalized for it by NMFS.
    Footnote ``(2)'' stated that ``SR/RE rockfish is a 
separate category for the deep water complex only.'' Because deep water 
complex was not defined in Table 10, it was not clear that deep water 
complex meant those basis species that had values=7 in the column ``SR/
RE ERA.''

Need for Correction

    Because the abbreviated form of ``not applicable'' appearing in 
certain cells of the added column SE/RE, Table 10, has been 
misinterpreted and caused unnecessary industry costs and incorrect 
enforcement of SR/RE retention, it must be corrected.

Correction

    1. In the final rule Revisions to Gulf of Alaska Retainable Bycatch 
Percentages published in 64 FR 68054, December 6, 1999, FR Doc. 99-
31555, on page 68055, under TABLE 10 TO Part 679.-GULF OF ALASKA 
RETAINABLE PERCENTAGES, in the eleventh column under the heading 
Incidental Catch Species, under the column subheading ``SR/RE 
ERA3'' on the following lines: first, second, sixth, 
sixteenth, seventeenth, and eighteenth line, remove the abbreviation 
``na6'' and in its place add (7)''.
    2. From Footnote ``(2)'', remove the text ``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 
is a separate category for the deep water complex only'' and in its 
place add ``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 those 
species marked with a numerical percentage.''
    Add footnote ``(7)'' to read ``(7)'' where 
numerical percentage is not indicated, the retainable percentage of SR/
RE is included under Aggregated Rockfish.''

    Dated: May 10, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-12290 Filed 5-15-00; 8:45 am]
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