[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Proposed Rules]
[Pages 9630-9631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4682]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 022003B]


Fisheries of the Exclusive Economic Zone Off Alaska; Delay of 
Full Retention and Utilization Requirements for Rock Sole and Yellowfin 
Sole

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

ACTION: Notice of availability (NOA); request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted Amendment 75 to the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP). 
This amendment would delay the effective date of requirements for 100-
percent retention and utilization of rock sole and yellowfin sole from 
January 1, 2003, until June 1, 2004. The purpose of Amendment 75 is to 
provide the Council and the affected industry with additional time to 
develop and assess alternatives to address groundfish discards in the 
groundfish fisheries of the Bering Sea and Aleutian Islands Management 
Area (BSAI).

DATES: Comments on Amendment 75 must be received by April 29, 2003.

ADDRESSES: Comments on Amendment 75 may be mailed to Sue Salveson, 
Assistant Regional Administrator, Sustainable Fisheries Division, 
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori 
Durall. Hand delivery or courier delivery of comments may be sent to 
the NMFS, Alaska Region, 709 West 9th St., Room 453, Juneau, AK, 99801. 
Comments also may be sent via facsimile (fax) to (907) 586-7557. 
Comments will not be accepted if submitted via e-mail or the Internet. 
Copies of Amendment 75 and the Environmental Assessment/Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) 
prepared for this action are available from NMFS at the above address, 
or by calling the Sustainable Fisheries Division, Alaska Region, NMFS, 
at (907) 586-7228.

FOR FURTHER INFORMATION CONTACT: Kent Lind, (907) 586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each regional 
fishery management council submit any FMP or FMP amendment it prepares 
to NMFS for review and approval, disapproval, or partial approval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP, 
immediately publish notification in the Federal Register that the FMP 
or amendment is available for public review and comment.

Purpose and Need for Amendment 75

    In 1997, the Council adopted a regulatory program to reduce the 
amount of groundfish discards in the groundfish fisheries off Alaska. 
This program, known as the Improved Retention/Improved Utilization (IR/
IU) Program, was adopted as Amendments 49 to the FMP for the Groundfish 
Fishery of the BSAI and Amendment 49 to the FMP for Groundfish of the 
Gulf of Alaska (GOA) (Amendments 49/49). The IR/IU program requires 
that vessels fishing for groundfish in Alaska retain all pollock and 
Pacific cod beginning in 1998 when directed fishing for those species 
is open. In January 1, 2003, the program expanded to include all rock 
sole and yellowfin sole in the BSAI, and all shallow water flatfish in 
the GOA.
    In December 1995, the Council adopted its IR/IU problem statement. 
That statement reads as follows:
    ``In managing the fisheries under its jurisdiction, the North 
Pacific Fishery Management Council is committed to: (1) assuring the 
long-term health and productivity of fish stocks and other living 
marine resources of the North Pacific and Bering Sea ecosystem; and 
(2) reducing bycatch, minimizing waste, and improving utilization of 
fish resources in order to provide the maximum benefit to present 
generations of fishermen, associated fishing industry sectors, 
communities, consumers, and the nation as a whole...
    The Council's overriding concern is to maintain the health of 
the marine ecosystem to ensure the long-term conservation and 
abundance of the groundfish and crab resources. As a response to 
this concern, a program to promote improved utilization and 
effective control/reduction of bycatch and discards in the fisheries 
off Alaska should address the following problems:
    1. By catch and discard loss of groundfish, crab, herring, 
salmon, and other non-target species.
    2. Economic loss and waste associated with the discard mortality 
of target species

[[Page 9631]]

harvested but not retained for economic reasons.
    3. Inability to provide for a long-term, stable fisheries-based 
economy due to loss of fishery resources through wasteful fishing 
practices.
    4. The need to promote improved retention and utilization of 
fish resources by reducing waste of target groundfish species to 
achieve long-term sustainable economic benefits to the nation.''
    Under Amendments 49/49, the Council chose to implement 100-percent 
retention requirements for pollock and Pacific cod effective January 1, 
1998, and provided a 5-year delay for the implementation of 100-percent 
retention requirements for rock sole and yellowfin sole in the BSAI and 
the shallow water flatfish species complex in the GOA. These 
requirements were set out in the final rule to implement Amendment 49 
for the BSAI (62 FR 63880, December 3, 1997), and the final rule to 
implement Amendment 49 for the GOA (62 FR 65379, December 12, 1997).
    In the EA/RIR/IRFA prepared for BSAI Amendment 49, NMFS assessed 
the biological, economic and social impacts of improved retention and 
utilization. This analysis found that the proposed actions could result 
in significant economic impact on a substantial number of small 
entities, including a significant number of relatively small catcher/
processor vessels that use trawl gear. Because of their size, these 
vessels are limited to freezing headed and gutted products.
    To mitigate some of the effects that IR/IU regulations could have, 
the Council delayed implementation of the rules on the most negatively 
affected fisheries (i.e., those groundfish fisheries in which rock 
sole, yellowfin sole and shallow-water flatfish are caught and 
discarded) for a period of 5 years.
    The Council recognized the need to conduct an assessment of the 
impacts of IR/IU regulations on small entities to determine whether a 
modification of the IR/IU regulations would minimize such impacts and 
continue to meet the Council's objectives. These objectives include 
ensuring healthy fisheries, reducing bycatch and waste, and improving 
utilization of fish resources with minimum negative effects of 
regulations on small entities.
    To this end, the Council began an analysis in early 2002, to 
examine alternative approaches to current 100-percent retention 
requirements for rock sole and yellowfin sole that could achieve the 
Council's objectives of reducing bycatch but in a manner that would 
have less negative effect on industry. The analysis concluded that the 
potential impact of IR/IU regulations for rock sole and yellowfin sole 
on some sectors of the groundfish fisheries of the BSAI creates the 
possibility that some entities currently participating in these 
fisheries might discontinue their participation due to the economic 
burden the existing rules could place on their operation.
    In June 2002, therefore, the Council revised its IR/IU problem 
statement to state that 100-percent retention of rock sole and 
yellowfin sole would result in severe economic losses to certain 
participants in the fishery, while less than 100-percent retention of 
only those species would not be enforceable. The Council also began an 
analysis of a variety of alternative regulatory approaches that would 
provide for reductions in groundfish discards in a less burdensome 
manner.
    In October 2002, the Council concluded that while several 
alternative proposals under analysis showed merit, they were not 
sufficiently developed and analyzed in a manner that would allow for 
implementation on January 1, 2003. Therefore, the Council adopted BSAI 
Amendment 75 to delay implementing the 100-percent retention 
requirements for rock sole and yellowfin sole in the BSAI until June 1, 
2004, to provide the Council and industry with additional time to 
develop alternative regulatory proposals. Also in October 2002, the 
Council considered whether to delay 100-percent retention requirements 
for shallow water flatfish in the GOA groundfish fisheries. The Council 
concluded, however, that full retention of shallow water flatfish in 
the GOA is practicable and would not result in the same economic burden 
as would the same requirement for rock sole and yellowfin sole in the 
BSAI groundfish fisheries. Therefore, the Council decided not to delay 
100-percent retention requirements for shallow water flatfish in the 
GOA.
    Public comments are being solicited on the amendment through the 
end of the comment period stated in this NOA. A proposed rule that 
would implement the amendment may be published in the Federal Register 
for public comment following NMFS's evaluation under the Magnuson-
Stevens Act procedures. Public comments on the proposed rule must be 
received by the end of the comment period on the amendment to be 
considered in the approval/disapproval decision on the amendment, 
whether specifically directed to the amendment or the proposed rule. 
Comments received after that date will not be considered in the 
approval/disapproval decision on the amendment. To be considered in the 
approval/disapproval decision, comments must be received by the close 
of business on the last day of the comment period specified in this 
NOA; that does not mean postmarked or otherwise transmitted by that 
date.

    Authority: 16 U.S.C. 2802 et seq.

    Dated: February 21, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-4682 Filed 2-27-03; 8:45 am]
BILLING CODE 3510-22-S