[Federal Register Volume 68, Number 75 (Friday, April 18, 2003)]
[Proposed Rules]
[Pages 19182-19183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9618]



[[Page 19182]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 030320066-3066-01; I.D. 022103D]
RIN 0648-AQ78


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: Proposed rule; availability of supplemental information.

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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). An Initial Regulatory Flexibility Analysis (IRFA) was 
prepared to examine the effects of Amendment 75 on small entities. The 
purpose of this notice is to provide the affected public an expanded 
summary of the IRFA so that members of the public may provide more 
effectively comments on the effects of Amendment 75 on small entities.

DATES: Comments on the IRFA must be received by May 12, 2003.

ADDRESSES: Comments on the IRFA 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 (EA/RIR/IRFA) 
prepared for this action are available from NMFS at the above address, 
or by calling Lori Durall, Alaska Region, NMFS at (907) 586-7228. The 
EA/RIR/IRFA is also available online at: http://www.fakr.noaa.gov/analyses/2003.htm.

FOR FURTHER INFORMATION CONTACT: Sue Salveson, (907) 586-7228.

SUPPLEMENTARY INFORMATION: The Council prepared an IRFA for Amendment 
75 that describes the economic impacts this proposed amendment and 
implementing regulations, if adopted, would have on small entities. A 
description of the action, why it is being considered, and the legal 
basis for this action are contained in the proposed rule to implement 
Amendment 75 (68 FR 15144, March 28, 2003). This proposed rule does not 
duplicate, overlap, or conflict with other Federal rules. No new 
reporting or recordkeeping requirements are contained in any of the 
alternatives considered for this action. A total of 176 small entities 
(all catcher vessels) and 34 large entities (6 catcher vessels, 24 head 
and gut catcher/processors, and 4 surimi catcher/processors) are active 
in the BSAI groundfish fisheries. Because individual vessel costs are 
not available for these vessels, individual vessel profitability could 
not be estimated. Therefore, changes in gross revenue of the 176 
vessels are used as a proxy for changes in individual vessel 
profitability. Furthermore, assumptions are made that revenue losses 
and gains are shared equally among these vessels and that discards 
represent a displacement of revenue tonnage if hold space is limited. 
The delay in implementing IR/IU flatfish retention rules for rock sole 
and yellowfin sole in the BSAI will prevent decreases in the 
profitability of small vessels while having little impact on the large 
vessels that participate in these fisheries. A summary of the analysis 
follows:
    The preferred alternative would delay implementation of IR/IU 
flatfish regulations in the BSAI fisheries through June 2004. The 
economic impact of the preferred alternative on individual vessels is 
expected to be minimal. It is expected to provide industry and 
management agencies an additional 17 months before implementation to 
develop measures that could meet bycatch reduction goals, while 
allowing the industry to continue to operate effectively. The Council 
and NMFS are currently analyzing alternative approaches to IR/IU 
flatfish regulations that could be implemented in June 2004. The 
alternatives currently under consideration for future action by the 
Council are designed to achieve the management objective of reducing 
bycatch in a less economically burdensome manner.
    Alternative 1, which represents a 100 percent retention standard, 
could lead to decreases in gross revenue for the affected fisheries and 
could yield substantial decreases in gross revenue associated with rock 
sole in the Pacific cod fishery. Assuming hold space is limited, the 
additional flatfish retained would displace fish of higher value, 
thereby decreasing per trip revenues. Many of the catcher vessels may 
experience a problem with damaged non-flatfish, such as Pacific cod, by 
mixing rough-scaled flatfish and soft-fleshed roundfish in the hold. 
This problem may be avoided if flatfish are segregated in a separate 
hold. However, most catcher vessels are unlikely to be able to dedicate 
an entire hold to the relatively small amount of flatfish that are 
likely to be taken. Furthermore, it is generally reported that many 
(perhaps most) of these catcher vessels do not have the capacity to 
sort their catch at sea, under any circumstances.
    Historical catches and discards of IR/IU flatfish by trawl catcher 
vessels are highest in the BSAI Pacific cod fishery, both in terms of 
volume and percent by weight of retained groundfish. During the 1992-
2000 period, discards of rock sole and yellowfin sole were 12.6 percent 
of the total amount of groundfish retained. Over 75 percent of trawl 
catcher vessel gross revenue was generated from landings of pollock and 
20 percent was generated in Pacific cod fisheries. Only 3 percent of 
trawl catcher vessel gross revenue was generated from landings of 
flatfish. Moreover, since 1998, flatfish have accounted for only 1 
percent of total gross revenue. Clearly, pollock and Pacific cod are 
the mainstays of trawl catcher vessels, and because bottom trawling for 
pollock was prohibited in 1999, IR/IU flatfish regulations are likely 
to affect only those trawl catcher vessels that participate in Pacific 
cod fisheries.
    Alternative 2 would allow some discards of the IR/IU flatfish 
species. The percent retention requirement would be set independently 
for each species and would range from 50 percent to 90 percent. The 
analysis of the effects of alternative retention requirements on 
catcher vessels shows that virtually 100 percent of the catch of rock 
sole and yellowfin sole is discarded in all the fisheries in which rock 
sole and yellowfin sole are caught. Consequently, any retention 
requirement for rock sole and yellowfin

[[Page 19183]]

sole would be expected to result in adverse economic and operational 
impacts. This measure can be interpreted as a displacement of revenue 
tonnage. A full retention requirement for rock sole would have the 
greatest effect, and this requirement would result in less than a five 
percent displacement in revenue tonnage for all catcher vessel classes.
    Alternative 3 would delay implementation of IR/IU flatfish rules 
for up to 3 years. Delaying implementation will postpone the economic 
consequences discussed under Alternative 1 and will allow the benefits 
of the economic activity associated with the operation of these vessels 
to accrue to vessel operators for the period of the delay. A delay in 
implementation could also provide time for assessment of the potential 
for rationalization within the IR/IU flatfish fisheries. These 
fisheries are characterized by a ``race for fish'' mode of operation 
that exacerbates the economic impacts of the IR/IU rules. 
Rationalization may ease some aspects of the ``race for fish'', but may 
not eliminate all aspects because IR/IU flatfish are targeted during 
specific roe seasons and times of highest quality. However, 
possibilities for fleet consolidation or cooperative operations that 
might ease the economic burden of IR/IU flatfish rules could be 
explored during a delay in implementation. In the past several years, 
discards of yellowfin sole have been trending downward. Industry 
sources indicate that they have been doing all that they can to utilize 
all the IR/IU flatfish that they harvest and are actively attempting to 
develop markets for smaller fish.
    Alternative 4 exempts fisheries from IR/IU flatfish regulations if 
flatfish discards are less than 5 percent of total groundfish catch. 
This analysis used two different estimates of the discard rates for 
determination of the IR/IU exemption. One estimate is based on a 
weighted average discard rate for 1995-2001, and a second estimate is 
based on a weighted average discard rate for 1999-2001. Discards exceed 
5 percent in most flatfish fisheries and in Pacific cod trawl fisheries 
in the BSAI. The revenue reductions of this alternative are similar to 
those of Alternative 1.

    Dated: April 15, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 03-9618 Filed 4-17-03; 4:46 pm]
BILLING CODE 3510-22-S