[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Proposed Rules]
[Pages 32287-32288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10990]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 052605B]
RIN 0648-AT04


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Retention Standard

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

ACTION: Proposed rule; notification of availability of FMP amendments; 
request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted Amendment 79 to the Fishery Management Plan for Groundfish of 
the Bering Sea and Aleutian Islands Management Area (FMP). If approved, 
Amendment 79 would add a management objective to the goals and 
objectives section of the FMP that would improve the retention of 
Bering Sea and Aleutian Islands (BSAI) groundfish species where 
practicable through the establishment of a minimum Groundfish Retention 
Standard (GRS). This action is intended to promote the management 
objectives of the Improved Retention/Improved Utilization (IRIU) 
program, the FMP, and the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). This action is necessary to 
reduce discards and improve utilization in BSAI groundfish fisheries.

DATES: Written comments on Amendment 79 must be received on or before 
August 1, 2005.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Mail to P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, AK;
     FAX to 907-586-7557;
     E-mail to [email protected] and include in the 
subject line of the E-mail comment the document identifier: Amendment 
79. E-mail comments, with or without attachments, are limited to 5 
megabytes; or
     Webform at the Federal eRulemaking Portal: 
www.regualtions.gov. Follow the instructions at that site for 
submitting comments.
    Copies of Amendment 79 and the Environmental Assessment/Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) 
prepared for this action may be obtained from the NMFS Alaska Region at 
the address above or from the Alaska Region website at http://www.fakr.noaa.gov or by calling the Sustainable Fisheries Division, 
Alaska Region, NMFS, at (907) 586-7228.

FOR FURTHER INFORMATION CONTACT: [email protected] or 
[email protected]. Either may be contacted at (907) 586-7228.

SUPPLEMENTARY INFORMATION: The 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 amendment, immediately publish a notice in the Federal 
Register that the FMP or amendment is available for public review and 
comment. This requirement is satisfied by this notice of availability 
for Amendment 79.
    This proposed action is one of several adopted by the Council to 
decrease regulatory and economic discards and increase catch 
utilization in the BSAI groundfish fisheries. Amendment 49 to the FMP 
was implemented on January 3, 1998 (62 FR 63880), establishing 
increased retention and utilization (IRIU) standards for pollock and 
Pacific cod beginning January 3, 1998, and for rock sole and yellowfin 
sole beginning January 1, 2003. In 2001, the Council determined that 
cost, market, and logistical constraints would prevent non-American 
Fisheries Act (AFA) trawl catcher/processors from being able to comply 
with IRIU requirements for flatfish. In June 2002, the Council 
developed a problem statement for the development of alternatives to 
address the pending effective date of IRIU regulations for flatfish. In 
October 2002, the Council adopted Amendment 75 to the FMP which would 
have delayed until June 1, 2004, the effective date of IRIU 
requirements for flatfish harvested in the BSAI. The Council's intent 
for this delay was to provide additional time for the development of 
bycatch reduction measures that could be more practically and 
effectively applied to the non-AFA trawl catcher/processor sector.
    At the same time, the Council initiated the analysis of four new 
FMP amendments that were intended to augment or replace IRIU 
regulations for BSAI flatfish prior to the June 2004 effective date. 
Amendment ``B'' would have created flatfish discard limits for the 
flatfish fisheries; Amendment 76 would exempt fisheries with less than 
a 5 percent IRIU flatfish bycatch rate from IRIU flatfish regulations; 
Amendment 79 (the proposed action) would establish a minimum GRS; and 
Amendment 80 (as modified at the October 2004, Council meeting) would 
allocate certain target species and prohibited species catch limits to 
non-AFA trawl catcher/processors and create a regulatory structure 
under which these vessels may form one or more fishery cooperatives.
    NMFS partially approved Amendment 75, by approving the removal of 
the January 1, 2003, effective date for the IRIU flatfish program from 
the FMP, and by disapproving the adjusted effective date of June 1, 
2004. NMFS's decision on Amendment 75 had the effect of indefinitely 
delaying the IRIU flatfish program. With the indefinite delay of this 
program, Amendment 76 no longer had any practical application in the 
BSAI and Amendment ``B'' was rejected by the Council as infeasible 
following discussions between industry representatives and fishery 
managers. However, the Council continued to develop Amendments 79 and 
80.
    If approved, this proposed amendment would revise the goals and 
objectives section of the FMP to improve the retention of groundfish 
where practicable, through establishment of minimum groundfish 
retention standards. A proposed rule to

[[Page 32288]]

implement a GRS program for non-AFA catcher/processors equal to or 
greater than 125 ft (38.1 m) length overall using trawl gear, including 
associated monitoring and recordkeeping and reporting requirements, 
will be published soon in the Federal Register for public comment.
    Public comments are being solicited on proposed Amendment 79 
through the end of the comment period stated (see DATES). All written 
comments received by the end of the comment period on the amendment 
will be considered in the approval/partial approval/disapproval 
decision. Written comments received after that date will not be 
considered in theapproval/partial approval/disapproval decision on the 
amendment. To be considered, written comments must be received, not 
just postmarked or otherwise transmitted, by the close of business on 
the last day of the comment period.

    Dated: May 27, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-10990 Filed 6-1-05; 8:45 am]
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