[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Proposed Rules]
[Pages 15538-15549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07510]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170714670-8309-01]
RIN 0648-BH05


Fisheries of the Exclusive Economic Zone Off Alaska; 
Reclassifying Squid Species in the BSAI and GOA

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 regulations to implement Amendment 117 to the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (BSAI FMP), Amendment 106 to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (GOA FMP), and to 
update the species codes for octopus. This proposed rule would prohibit 
directed fishing for the squid species complex (squids) by Federally 
permitted groundfish fishermen and specify a squid retention limit in 
the GOA groundfish fisheries consistent with the existing BSAI squid 
retention limit, and would make minor corrections to the octopus 
species codes. This rule is intended to promote the goals and 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act, the groundfish FMPs, and other applicable laws.

DATES: Comments must be received no later than May 11, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0090 by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0090, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of Amendment 117 to the BSAI FMP, Amendment 106 
to the GOA FMP, and the Environmental

[[Page 15539]]

Assessment/Regulatory Impact Review (collectively the ``Analysis'') 
prepared for this action may be obtained from www.regulations.gov.
    Electronic copies of the Initial Regulatory Flexibility Analyses 
for the BSAI and GOA Groundfish Harvest Specifications for 2018-2019 
may be obtained from www.regulations.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted by mail to NMFS at the above address; by email to 
[email protected]; or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907-586-7228.

SUPPLEMENTARY INFORMATION: 

Authority for Action

    NMFS manages the groundfish fisheries in the exclusive economic 
zone of the BSAI and GOA under the BSAI FMP and GOA FMP (collectively 
the FMPs). The North Pacific Fishery Management Council (Council) 
prepared these FMPs under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 
et seq. Regulations implementing these FMPs appear at 50 CFR part 679. 
General regulations governing U.S. fisheries also appear at 50 CFR part 
600.
    This proposed rule would implement Amendments 117/106 and update 
the species code for octopus in several tables to 50 CFR part 679. The 
Council submitted Amendments 117/106 for review by the Secretary of 
Commerce (Secretary), and the Notice of Availability (NOA) of these 
amendments was published in the Federal Register on March 27, 2018, 
with comments invited through May 29, 2018 (83 FR 13117). Comments may 
address Amendments 117/106 or this proposed rule, but must be received 
by May 29, 2018 to be considered in the Secretary's decision to 
approve, disapprove, or partially approve these amendments.

Background

    In June 2017, the Council voted unanimously to recommend Amendments 
117/106 to the FMPs to reclassify squids as non-target ecosystem 
component species, not in need of conservation and management. Squids 
are currently classified as target species in the FMPs, though as 
discussed below, squids are currently only caught incidental to other 
target fisheries. To implement Amendments 117/106, NMFS proposes 
regulations to prohibit directed fishing for squids by Federally 
permitted groundfish fishermen and to specify a squid retention limit 
in the GOA groundfish fisheries consistent with the existing BSAI squid 
retention limit. The following sections of this preamble provide (1) 
groundfish stock classification in FMPs and a brief history of this 
proposed action; (2) the National Standards (NS) guidance for 
determining which species require conservation and management; (3) a 
description of Amendments 117/106 to the groundfish FMPs; and (4) the 
regulatory changes made by this proposed rule.

Stock Classification in FMPs and a Brief History of This Proposed 
Action

    Among other requirements, FMPs must comply with the Magnuson-
Stevens Act NS (16 U.S.C. 1851). NMFS has implemented regulations to 
provide guidance on the interpretation and application of these NS. 
Relevant to this proposed rule, the NS guidelines at 50 CFR 
600.305(d)(11), (12) and (13) define three classifications for stocks 
in an FMP: (1) Target stocks in need of conservation and management 
that fishers seek to catch; (2) non-target stocks in need of 
conservation and management that are caught incidentally during the 
pursuit of target stocks; and (3) ecosystem component (EC) species that 
do not require conservation and management, but may be listed in an FMP 
in order to achieve ecosystem management objectives.
    Under the groundfish FMPs, and harvest limit regulations at Sec.  
679.20, NMFS must establish an overfishing level (OFL), an acceptable 
biological catch (ABC) and a total allowable catch (TAC) for each stock 
or stock complex (i.e., species or species group) that are assigned a 
target or a non-target species category classification. Overfishing 
occurs when the amount of catch of a stock or stock complex jeopardizes 
the capacity of the stock or stock complex to produce the maximum 
sustainable yield on a continuing basis. NMFS manages fisheries in an 
effort to ensure that no overfishing limits (OFLs) are exceeded in any 
year. Regulations at Sec. Sec.  [thinsp]679.20(d)(1), (d)(2), and 
(d)(3) define the process NMFS uses to limit or prohibit fishing to 
prevent overfishing and maintain total catch at or below the OFL. The 
FMPs define the ABC as the level of a species or species group's annual 
catch that accounts for the scientific uncertainty in the estimate of 
OFL and any other scientific uncertainty. The ABC cannot exceed the 
OFL. Regulations at Sec. Sec.  [thinsp]679.20(d)(1) and (d)(2) describe 
the range of management measures that NMFS uses to maintain total catch 
at or below the ABC. The FMPs define the TAC as the annual catch target 
for a species or species group, derived from the ABC by considering 
social and economic factors and management uncertainty. The TAC must be 
set lower than or equal to the ABC. Regulations at Sec. Sec.  
[thinsp]679.20(d)(1) and (d)(2) describe the range of management 
measures that NMFS uses to maintain total catch at or below the TAC.
    NMFS establishes the OFL, ABC, and TAC for each species or species 
group through the annual harvest specification process. For the most 
recent example of the annual harvest specifications, please see the 
final 2017/2018 annual harvest specifications (82 FR 11826, February 
27, 2017 and 82 FR 12032, February 27, 2017).
    In 2010, Amendments 96/87 to the BSAI and GOA FMPs, respectively, 
established the EC category and designated prohibited species (salmon, 
steelhead trout, crab, halibut, and herring) and forage fish species 
(as defined in Table 2c to 50 CFR part 679 and Sec.  679.20(i)) as EC 
species in the groundfish FMPs (75 FR 61639, October 6, 2010). Under 
the FMPs, EC species are defined as non-target species for which catch 
specifications (i.e., an OFL, ABC, or TAC) are not required. For these 
EC species, NMFS maintained regulations that (1) banned the retention 
of prohibited species, (2) prohibited directed fishing for forage fish, 
and (3) established a limit, known as the maximum retainable amount 
(MRA), on the amount of incidental harvest of forage fish while 
directed fishing for other groundfish species. Regulations at 50 CFR 
679.2 define the term ``directed fishing.'' Regulations at Sec.  
679.20(e) describe the application and calculation of MRAs.
    In 2015, NMFS implemented Amendments 100/91 to the BSAI and GOA 
FMPs, respectively, to add grenadiers (family Macrouridae) to the EC 
category (80 FR 11897, March 5, 2015). The Council and NMFS added 
grenadiers to the FMPs in the EC category because grenadiers did not 
require conservation and management, but acknowledged their role in the 
ecosystem and limited the groundfish fisheries' potential impact on 
grenadiers. Adding grenadiers to the EC category allowed for improved 
data collection and catch monitoring appropriate for grenadiers given 
their abundance, distribution, and catch. Additional detail is provided 
in the final rule implementing Amendments 100/91, and is not repeated 
here (80 FR 11897, March 5, 2015).

[[Page 15540]]

    Squids are currently classified as target species in the groundfish 
FMPs and directed fishing for squids is allowed. However, TAC levels 
established annually for squids are too low to support a directed 
fishery in either the BSAI or GOA. Directed fishing for squids has been 
closed in the BSAI and GOA since 2011 (76 FR 11139, March 1, 2011). 
NMFS places squids on bycatch-only status at the beginning of each year 
through the annual harvest specifications.
    Since 2010, the Council's non-target committee, Plan Teams, and 
Scientific and Statistical Committee have recommended that the Council 
explore reclassifying squids as EC category species because they do not 
meet the target species category classification; there is no demand for 
squid and squid have not been targeted or open to directed fishing in 
either the BSAI or GOA for many years (see Analysis section 1.2). 
Further, there is no conservation concern for squids because they are 
extremely short-lived and highly productive, the current fishing 
mortality is considered insignificant at a population level, and they 
are unlikely to be overfished in the absence of a directed fishery (see 
Analysis section 3.2.5).
    Current OFLs and ABCs for squids are based on average catch 
calculations. While these limits are based on the best available 
scientific information, they are poorly linked to abundance. Most 
squids in the BSAI and GOA are associated with the pelagic environment, 
occurring in the water column. As described in section 3.2 of the 
Analysis, only three of the fifteen species of squids in the BSAI and 
GOA are found close to the ocean floor, and most of the available 
information on the distribution and abundance of squids derives from 
NMFS's bottom trawl surveys. Even demersal squids reside off the bottom 
and bottom trawl surveys do not sample squids well, though they better 
reflect the distribution and abundance of the three species of squids 
found in association with the bottom than the species in the water 
column. The bottom trawl survey likely underestimates biomass of 
squids.
    While biomass estimates for squid are limited, ecosystem models can 
be used to estimate squid densities based upon the food habits and 
consumption rates of predators of squids. As described below, based on 
information derived from ecosystem models in the BSAI and GOA, the 
Council and NMFS believe that catch-based estimates of OFLs and ABCs 
for squids are highly underestimated (see section 3.2.2 of the 
Analysis). If surveys were more aligned with squid distribution, NMFS 
expects that squid biomass estimates, and subsequently squid OFLs and 
ABCs would be substantially higher (see section 3.2.3 of the Analysis).
    Under the current stock classification for squids as a target 
species, if the total TACs of squids are caught in the BSAI or GOA, 
retention of squids is prohibited in that management area for the 
remainder of year. If NMFS projects that incidental catch of squids in 
directed fisheries for groundfish species will exceed the squids OFL, 
NMFS may close directed fishing for those groundfish species in a 
management area to prevent exceeding the squids OFL (see regulations at 
Sec.  679.20(d)(3)). The GOA squids TAC has not been exceeded, however 
the BSAI squids TAC was exceeded in 2012, 2014, and 2015. In 2015, for 
the first time, the BSAI squids catch exceeded the ABC and total catch 
was approaching the OFL (see Analysis section 3.2.3).
    Section 3.2.3 of the Analysis provides a detailed description of 
incidental catch of squids in the BSAI and GOA groundfish fisheries. 
Historically, the Bering Sea pollock fishery has taken the largest 
amount of squids relative to the TAC, ABC, and OFL for BSAI squids. 
Although NMFS has not needed to close the Bering Sea pollock fishery, 
or other groundfish fisheries in the BSAI or GOA, to directed fishing 
to prevent exceeding the squids OFL, the Bering Sea pollock fishery has 
undertaken measures to avoid the incidental harvest of squids and 
exceeding the BSAI squids OFL.
    As described in section 3.2.4 of the Analysis, the Bering Sea 
pollock fleet has coordinated with NMFS and identified areas of 
relatively high squids catch. The Bering Sea pollock fleet has 
voluntarily established specific areas where squids catch is elevated 
and has moved fishing operations out of these areas they term ``squid 
boxes'' prior to NMFS taking action. In the process of moving away from 
areas of high bycatch of squids, the Bering Sea pollock fleet may 
inadvertently encounter areas of increased bycatch of other species 
such as chum salmon, Chinook salmon, and herring for which there is 
greater conservation concern (see Analysis section 3.3).

Determining Which Species Require Conservation and Management

    Section 302(h)(1) of the Magnuson-Stevens Act requires a council to 
prepare an FMP for each fishery under its authority that is in need of 
conservation and management. ``Conservation and management'' is defined 
in section 3(5) of the Magnuson-Stevens Act. The NS guidelines at Sec.  
600.305(c) (revised on October 18, 2016, 81 FR 718585), provide 
direction for determining which stocks will require conservation and 
management and provide direction to regional councils and NMFS for how 
to consider these factors in making this determination. Specifically, 
the guidelines direct regional councils and NMFS to consider a non-
exhaustive list of ten factors when deciding whether stocks require 
conservation and management.
    Section 2.2.1 in the Analysis considers each of the ten factors' 
relevance to squids. The analysis showed that squids are an important 
component of the marine environment, particularly due to their 
importance as prey for marine mammals, fish and other squids. However, 
despite being classified as a target species, there are currently no 
directed fisheries for squids. Squids are not important to commercial, 
recreational or subsistence users and the fisheries for BSAI and GOA 
squids are not important to the National or regional economy. There are 
no developing fisheries for squids in the EEZ off Alaska nor in waters 
of the State of Alaska (State). Currently, the State adopts the MRAs 
established in the Federal fisheries for fisheries in State waters. In 
the absence of a directed fishery, squids are unlikely to become 
overfished because they are short-lived, highly productive, and current 
surveys are considered substantial underestimates of true squids 
biomass in both the BSAI and GOA. Therefore, maintaining squids in the 
FMPs for conservation and management is not likely to improve or 
maintain the condition of the stocks.

Amendments 117/106 to the FMPs

    In June of 2017, the Council recommended, and NMFS now proposes, 
Amendments 117/106 to the BSAI and GOA FMPs, respectively, to 
reclassify squids as EC category species in the FMPs. Based on a review 
of the scientific information, and after considering the revised NS 
guidelines, the Council and NMFS determined that squids are not in need 
of conservation and management, and that classifying squids in the EC 
category is an appropriate action.
    While the Council determined that squids are not in need of 
conservation and management as defined by the Magnuson-Stevens Act, and 
after considering the revised NS guidelines, the Council and NMFS 
determined that there are benefits to retaining squids as an EC species 
complex in the FMPs,

[[Page 15541]]

especially given their ecological importance in the BSAI and GOA.
    In contrast to the BSAI where the squid TAC has been exceeded in 
the past and constrained fishing, the annual catch of squids has not 
exceeded the GOA TAC, ABC or approached the OFL, and management 
measures have not constrained GOA groundfish species (see section 3.2.4 
of the Analysis). However, due to the lack of directed fisheries for 
squids in the GOA and the determination that squids are not in need of 
conservation and management in the GOA, the Council recommended and 
NMFS proposes Amendment 106 to the GOA FMP to accurately classify the 
squid complex in the FMP based on the best available information and 
for consistency with squid management in the BSAI proposed under 
Amendment 117.
    Amendments 117/106 would establish the squids EC species complex in 
the FMPs to clarify that they are non-target species and would require 
monitoring the effects of incidental catch of squids in the groundfish 
fisheries on squid populations. Amendments 117/106 would allow NMFS to 
prohibit directed fisheries for squids and limit the retention and 
commercial sale of squids. By virtue of being classified as EC species, 
catch specifications for squids (i.e., OFLs, ABCs, and TACs) would no 
longer be required.
    Though the Council determined, and NMFS concurs, that squids are 
not in need of conservation and management, squid population status and 
bycatch should be monitored to continually assess vulnerability of 
squids to the fishery given their importance in the ecosystem. 
Therefore, the proposed rule retains record keeping and reporting 
requirements for squid bycatch. The proposed rule would prohibit 
directed fishing for squids to meet the intent of Amendments 117/106 
that squids are not a target species complex. Because the definition of 
directed fishing at Sec.  679.2 is based on an MRA, the proposed rule 
would specify a retention limit for squids so that NMFS could implement 
the prohibition on directed fishing to meet the intent of Amendments 
117/106.

Proposed Rule

    In addition to classifying squids as an EC species in the FMPs 
under Amendments 117/106, the Council recommended and NMFS proposes 
regulations to limit and monitor the incidental catch of squids. This 
proposed rule would--
     Prohibit directed fishing for squids in the BSAI and GOA 
groundfish fisheries;
     maintain recordkeeping and reporting of squids in the BSAI 
and GOA groundfish fisheries, but modify the regulations for clarity;
     specify a squids retention limit, or MRA, in the GOA 
Federal groundfish fisheries consistent with the existing BSAI squids 
MRA of 20 percent; and
     revise the species code tables in the regulations to 
indicate octopus is a multi-species category by using the plural, 
octopuses.
    To prohibit directed fishing, this proposed rule would revise 
Sec. Sec.  679.20(i) and 679.22(i) to prohibit directed fishing for 
squids at all times in the BSAI and GOA groundfish fisheries. This 
prohibition is consistent with the regulations and management approach 
for other EC species. With respect to EC species, NMFS prohibits 
directed fishing for forage fish and grenadiers,
    To clarify definitions and recordkeeping and reporting 
requirements, this proposed rule would add a definition for squids at 
Sec.  679.2. Recordkeeping and reporting regulations at Sec.  679.5 
would not be modified by this proposed rule, but would continue to 
require a vessel operator or manager in a BSAI or GOA groundfish 
fishery to record and report retained and discarded squids in logbooks, 
landing reports, and production reports. This proposed rule would add 
an instruction to Sec.  679.5 to use the squids species code in Table 
2c to 50 CFR part 679 (Table 2c) to record and report squid catch. 
Table 2c lists the species reporting codes for non-target groundfish 
FMP species. NMFS would modify Table 2c to add one squid species code 
and remove the existing squid species code from Table 2a to 50 CFR part 
679 (species reporting codes for target groundfish FMP species) because 
squids would be removed as a target species in the groundfish FMPs. 
These revisions would maintain NMFS' ability to monitor the catch, 
retention, and discard of squids.
    Section 679.20 provides the general limitations for the BSAI and 
GOA groundfish fisheries. Because a TAC would no longer be specified 
for squids, this proposed rule would remove squids from Sec.  
679.20(b)(2), which specifies the amount of the TAC that is reserved 
for inseason management flexibility.
    The MRA is the proportion or percentage of retained catch of a 
species closed for directed fishing (incidental catch species) to the 
retained catch of a species open for directed fishing (basis species). 
This proposed rule would move squids out of the basis species category 
and into the incidental catch species category consistent with the 
prohibition on directed fishing for squids under this proposed rule. In 
the GOA, squids are included in the ``other species'' category (along 
with sculpins, octopus, and sharks) for MRA purposes under the existing 
regulations. To specify a separate MRA for squids in the GOA, this 
proposed rule would remove squids from footnote 6, ``other species'' in 
Table 10 to 50 CFR part 679 and add squids as an incidental catch 
species with an MRA of 20 percent. This proposed rule would similarly 
revise Table 11 to 50 CFR part 679 to remove squids as a basis species 
in the BSAI and add squids and grenadiers footnote 7 to indicate that 
forage fish, grenadiers, and squids are all defined in Table 2c. This 
proposed change would render obsolete, footnote 9 to Table 11 at 50 CFR 
part 679, and it would be removed.
    In developing this proposed rule, the Council and NMFS considered a 
range of squids MRA percentages: 2 percent, 10 percent, and the current 
MRA of 20 percent. The Analysis (Table 3-20) provides the percentage 
range of squids taken incidental to the directed pollock fisheries, by 
haul, in the GOA and BSAI from 2013 through 2016. The majority of the 
hauls contained less than two percent squids. Many hauls contained 
greater than two percent squids, thus an MRA of two percent has the 
potential to be highly constraining. Likewise, while hauls with greater 
than 10 percent of squids were infrequent, an MRA of 10 percent also 
has the potential to constrain the directed fisheries. Section 4.6.2 of 
the Analysis discusses that a more constraining MRA is more likely to 
increase discards of dead squids rather than discourage targeting. 
There are no conservation concerns for squids. Therefore, the Council 
recommended and NMFS proposes specifying an MRA for squids of 20 
percent in the GOA groundfish fisheries consistent with the existing 
MRA for squids in the BSAI groundfish fisheries.
    This proposed rule would also correct a minor technical inaccuracy 
in the species code for octopus. The species code for octopus in the 
existing regulations does not reflect the diversity of octopus species 
in the BSAI and GOA and refers to only one species--North Pacific 
octopus. Several species of octopuses occur in the BSAI and GOA. To 
accurately reflect the diversity of octopuses taken in the groundfish 
fisheries, this proposed rule would revise species code 870 in Table 2a 
to 50 CFR part 679 to indicate multiple species by using the plural 
``octopuses.'' This proposed rule would also revise Table 10 to 50 CFR 
part 679 to update

[[Page 15542]]

octopus in footnote 6 to the plural ``octopuses.'' In addition, 
footnote 4 in Table 11 to part 50 CFR 679 would be revised to include 
the plural for octopus. This proposed correction would not affect 
existing reporting requirements.

Classification

    Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this 
proposed rule is consistent with Amendment 117 to the BSAI FMP, 
Amendment 106 to the GOA FMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.

Regulatory Impact Review (RIR)

    An RIR was prepared to assess the costs and benefits of available 
regulatory alternatives. A copy of this analysis is available from NMFS 
(see ADDRESSES). The Council recommended Amendments 117/106 based on 
those measures that maximized net benefits to the Nation. Specific 
aspects of the economic analysis related to the impact of this proposed 
rule on small entities are discussed below in the Initial Regulatory 
Flexibility Analysis section.

Initial Regulatory Flexibility Analysis (IRFA)

    This IRFA was prepared for this proposed rule, as required by 
section 603 of the Regulatory Flexibility Act (RFA), to describe the 
economic impact this proposed rule, if adopted, would have on small 
entities. An IRFA describes why this action is being proposed; the 
objectives and legal basis for the proposed rule; the number of small 
entities to which the proposed rule would apply; any projected 
reporting, recordkeeping, or other compliance requirements of the 
proposed rule; any overlapping, duplicative, or conflicting Federal 
rules; and any significant alternatives to the proposed rule that would 
accomplish the stated objectives, consistent with applicable statutes, 
and that would minimize any significant adverse economic impacts of the 
proposed rule on small entities. Descriptions of this proposed rule, 
its purpose, and the legal basis are contained earlier in this preamble 
and are not repeated here.
Number and Description of Small Entities Regulated by This Proposed 
Rule
    This proposed rule would directly regulate any vessel operator 
harvesting squids in the Federally managed groundfish fisheries in the 
BSAI and GOA. The thresholds applied to determine if an entity or group 
of entities are ``small'' under the RFA depend on the industry 
classification for the entity or entities. Businesses classified as 
primarily engaged in commercial fishing are considered small entities 
if they have combined annual gross receipts not in excess of $11.0 
million for all affiliated operations worldwide (81 FR 4469; January 
26, 2016). The most recent estimates of the number of fishing vessels 
participating in the BSAI and GOA groundfish fisheries that are small 
entities are provided in Table 2 in the Initial Regulatory Flexibility 
Analyses for the BSAI and GOA Harvest Specifications for 2018-2019 (see 
ADDRESSES). In 2016, there were 119 catcher vessels and 5 catcher/
processors in the BSAI, and 920 catcher vessels and 3 catcher/
processors in the GOA. These estimates likely overstate the number of 
small entities in the groundfish fisheries off Alaska because some of 
these vessels are affiliated through common ownership or membership in 
a cooperative and the affiliated vessels together would exceed the 
$11.0 million annual gross receipts threshold for small entities.
    The only potential adverse economic impact that has been identified 
for this proposed rule is that vessel owners or operators who may wish 
to conduct directed fishing for squids in the future, and who would 
wish to retain more squids than they would be allowed to retain under 
the 20 percent MRA, would not be able to do so. This potential adverse 
impact would not affect any current participants relative to 
opportunities available to them in recent years, because directed 
fishing for squid has been closed in the BSAI and GOA since 2011. 
Therefore, no current participants would lose an economic opportunity 
that is available to them today or has been available to them in recent 
years.
    The degree to which this proposed rule could limit current fishery 
permit holders' future economic activity in the BSAI or GOA could be 
viewed as an adverse impact of this proposed rule. This adverse 
economic impact could affect any future participant in these groundfish 
fisheries. Therefore, all fishing vessels currently participating in 
the BSAI and GOA groundfish fisheries that are small entities could be 
adversely impacted by this proposed rule in the future. However, based 
on the very limited number of vessel operators who have expressed 
interest in conducting directed fishing for squids in the past, the 
actual number of small entities that would be adversely impacted by 
this proposed rule is likely zero or very few. Vessel operators may 
continue to catch and retain squids in the BSAI and GOA groundfish 
fisheries as long as they maintain their catch within the 20 percent 
MRA.
    For operators of vessels currently participating in these 
fisheries, the economic impacts of this proposed rule are primarily 
beneficial or neutral. Removing squids from the BSAI target species 
category would remove the squids TAC from inclusion in the 2 million mt 
optimum yield (OY) cap in the BSAI. The amount of the OY cap that has 
been reserved for squids would be available to increase the TAC limit 
or limits for other BSAI target species. This effect would benefit 
participants in the BSAI fisheries that experience TAC increases 
relative to what the TACs would have been without this proposed rule. 
Some of the entities that experience benefits from increased TACs in 
the future may be small entities. The effects on target species TACs 
would be neutral for the GOA fisheries, as the OY has not constrained 
TACs in the GOA to date. Therefore, removing the squids TAC in the GOA 
will not allow for an increase in the TAC for another target species.
    For participants in the Bering Sea pollock fishery, moving squids 
from the target species category to the EC category will remove the 
squid OFL as a potential constraint for the Bering Sea pollock fishery, 
thereby increasing the flexibility of the Bering Sea pollock fishery 
participants to focus on minimizing the bycatch of salmon and other PSC 
in the pollock fisheries. Removing this constraint would reduce the 
costs associated with trying to simultaneously minimize the incidental 
catch of squid and the incidental catch of salmon and other PSC. 
However, none of the directly regulated entities in the Bering Sea 
pollock fishery are considered small entities because all of them are 
affiliated through either ownership or membership in a cooperative and, 
when considered together, have annual gross receipts that exceed $11.0 
million annually.
Recordkeeping, Reporting, and Other Compliance Requirements
    Under this proposed rule, requirements for recording and reporting 
the catch, discard, and production of squid in logbooks or on

[[Page 15543]]

catch or production reports will be maintained as they are in existing 
regulations. The proposed rule would make only minor modifications to 
clarify the recordkeeping and reporting requirements in Sec.  679.5, 
Table 2a to 50 CFR part 679, and Table 2c to 50 CFR part 679. 
Therefore, moving squids from the target species category to the EC 
category will not change recordkeeping and reporting costs for fishery 
participants or impose any additional or new costs on participants.
Duplicate, Overlapping, or Conflicting Federal Rules
    No duplication, overlap, or conflict between this proposed rule and 
existing Federal rules has been identified.
Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities
    The Council and NMFS considered three alternatives. Among the three 
alternatives, Alternative 2 Option 3 (the preferred alternative) 
provides the most economic benefits to current participants in the BSAI 
and GOA groundfish fisheries. The primary economic benefit of this 
proposed rule is to reduce the potential constraints imposed by the 
OFLs, ABCs, and TACs for squids on BSAI and GOA groundfish fisheries. 
Among the three options considered for the squids MRA (20 percent, 10 
percent, and 2 percent), the 20 percent MRA that was selected minimizes 
the economic impact on any fishing vessel that is a small entity 
because it provides the greatest opportunity to retain squid as 
incidental catch in other groundfish fisheries.
    Alternative 1 is the no action alternative and would continue to 
classify squids as target species in the groundfish FMPs. OFLs, ABCs, 
and TACs would continue to be set for squids as a species group in both 
the BSAI and GOA. Relative to Alternative 2, Alternative 1 could be 
considered less beneficial to small entities because all catch 
specifications would need to be maintained, and current constraints on 
the BSAI and GOA groundfish fisheries would continue. However, 
Alternative 2 (the proposed rule) also could be considered more 
restrictive to small entities than Alternative 1 if the prohibition on 
directed fishing for squids under the proposed rule limits future 
participants' ability to conduct directed fishing for squids more so 
than would occur under the status quo. Alternative 1 allows NMFS to 
determine annually whether to open a directed fishery for squids.
    Alternative 2 would classify squids in the BSAI and GOA in the EC 
category and implement a regulation prohibiting directed fishing for 
squids that could only be revised through subsequent rulemaking. 
However, the Council recommended and NMFS proposes that the benefits of 
the proposed rule to current fishery participants, including small 
entities, outweigh the potential future adverse impacts of the 
prohibition against directed fishing for squids. In addition, this 
provision can be re-evaluated by the Council and NMFS in the future if 
fishery participants want to develop directed fisheries for squids.
    Alternative 3 would classify squids in the groundfish FMPs as 
``non-target'' species, in which case OFLs and ABCs would still be 
established but TAC would no longer be specified. Relative to 
Alternative 2, Alternative 3 is less beneficial to small entities 
because certain catch specifications and their associated fishery 
constraints would still need to be maintained. When comparing 
Alternatives 1 and 3, Alternative 3 would remove the requirement for 
setting TACs; however, the current potential constraints on other 
groundfish fisheries if an OFL or ABC for squids were achieved would 
continue, and therefore Alternative 3 is only slightly more beneficial 
than Alternative 1 to small entities.

Collection-of-Information Requirements

    This proposed rule refers to collection-of-information 
(``recordkeeping and reporting'') requirements approved by the Office 
of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). 
The relevant information collections are approved under OMB control 
number 0648-0213 (Alaska Region Logbook Family of Forms) and OMB 
control number 0648-0515 (Alaska Interagency Electronic Reporting 
System). The proposed rule would make minor revisions to these 
information collection requirements to clarify the location of the 
species code for squids in the tables to 50 CFR part 679. These 
revisions do not change the public reporting burden of the approved 
information collections or require revisions to the currently approved 
supporting statements for these collections.
    Send comments on these or any other aspects of the collection of 
information to NMFS Alaska Region at the ADDRESSES above, by email to 
[email protected], or by fax to (202) 395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: April 6, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, 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

0
1. The authority citation for part 679 continues to read as follows:

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

0
2. In Sec.  679.2, add a definition for ``Squids'' in alphabetical 
order to read as follows:


Sec.  679.2   Definitions.

* * * * *
    Squids (see Table 2c to this part and Sec.  679.20(i)).
* * * * *
0
3. In Sec.  679.5, revise paragraph (a)(3) introductory text, and 
paragraphs (c)(3)(vi)(F), and (c)(4)(vi)(E) to read as follows:


Sec.  679.5   Recordkeeping and reporting (R&R).

    (a) * * *
    (3) Fish to be recorded and reported. The operator or manager must 
record and report the following information (see paragraphs (a)(3)(i) 
through (iv) of this section) for all groundfish (see Table 2a to this 
part), prohibited species (see Table 2b to this part), forage fish (see 
Table 2c to this part), grenadiers (see Table 2c to this part), and 
squids (see Table 2c to this part). The operator or manager may record 
and report the following information (see paragraphs (a)(3)(i) through 
(iv) of this section) for non-groundfish (see Table 2d to this part):
* * * * *
    (c) * * *
    (3) * * *
    (vi) * * *
    (F) Species codes. The operator must record and report required 
information for all groundfish (see Table 2a to this

[[Page 15544]]

part), prohibited species (see Table 2b to this part), forage fish (see 
Table 2c to this part), grenadiers (see Table 2c to this part), and 
squids (see Table 2c to this part). The operator may record and report 
information for non-groundfish (see Table 2d to this part).
* * * * *
    (4) * * *
    (vi) * * *
    (E) Species codes. The operator must record and report required 
information for all groundfish (see Table 2a to this part), prohibited 
species (see Table 2b to this part), forage fish (see Table 2c to this 
part), grenadiers (see Table 2c to this part), and squids (see Table 2c 
to this part). The operator may record and report information for non-
groundfish (see Table 2d to this part).
* * * * *
0
4. In Sec.  679.20, revise paragraph (b)(2) introductory text, 
paragraph (i) heading, and paragraphs (i)(3), (i)(4), and (i)(5) to 
read as follows:


Sec.  679.20   General limitations.

* * * * *
    (b) * * *
    (2) GOA. Initial reserves are established for pollock, Pacific cod, 
flatfish, octopuses, sharks, and sculpins, which are equal to 20 
percent of the TACs for these species or species groups.
* * * * *
    (i) Forage fish, grenadiers, and squids.
* * * * *
    (3) Closure to directed fishing. Directed fishing for forage fish, 
grenadiers, and squids is prohibited at all times in the BSAI and GOA.
    (4) Limits on sale, barter, trade, and processing. The sale, 
barter, trade, or processing of forage fish, grenadiers, and squids is 
prohibited, except as provided in paragraph (i)(5) of this section.
    (5) Allowable fishmeal production. Retained catch of forage fish, 
grenadiers, or squids not exceeding the maximum retainable amount may 
be processed into fishmeal for sale, barter, or trade.
* * * * *
0
5. In Sec.  679.22, revise paragraph (i) to read as follows:


Sec.  679.22   Closures.

* * * * *
    (i) Forage fish, grenadiers, and squids closures. See Sec.  
679.20(i)(3).
* * * * *
0
6. Revise Table 2a to part 679 to read as follows:

           Table 2a to Part 679--Species Codes: FMP Groundfish
------------------------------------------------------------------------
                   Species description                         Code
------------------------------------------------------------------------
Atka mackerel (greenling)...............................             193
Flatfish, miscellaneous (flatfish species without                    120
 separate codes)........................................
Flounder:
    Alaska plaice.......................................             133
    Arrowtooth..........................................             121
    Bering..............................................             116
    Kamchatka...........................................             117
    Starry..............................................             129
Octopuses...............................................             870
Pacific cod.............................................             110
Pollock.................................................             270
Rockfish:
    Aurora (Sebastes aurora)............................             185
    Black (BSAI) (S. melanops)..........................             142
    Blackgill (S. melanostomus).........................             177
    Blue (BSAI) (S. mystinus)...........................             167
    Bocaccio (S. paucispinis)...........................             137
    Canary (S. pinniger)................................             146
    Chilipepper (S. goodei).............................             178
    China (S. nebulosus)................................             149
    Copper (S. caurinus)................................             138
    Darkblotched (S. crameri)...........................             159
    Dusky (S. variabilis)...............................             172
    Greenstriped (S. elongatus).........................             135
    Harlequin (S. variegatus)...........................             176
    Northern (S. polyspinis)............................             136
    Pacific Ocean Perch (S. alutus).....................             141
    Pygmy (S. wilsoni)..................................             179
    Quillback (S. maliger)..............................             147
    Redbanded (S. babcocki).............................             153
    Redstripe (S. proriger).............................             158
    Rosethorn (S. helvomaculatus).......................             150
    Rougheye (S. aleutianus)............................             151
    Sharpchin (S. zacentrus)............................             166
    Shortbelly (S. jordani).............................             181
    Shortraker (S. borealis)............................             152
    Silvergray (S. brevispinis).........................             157
    Splitnose (S. diploproa)............................             182
    Stripetail (S. saxicola)............................             183
    Thornyhead (all Sebastolobus species)...............             143
    Tiger (S. nigrocinctus).............................             148
    Vermilion (S. miniatus).............................             184
    Widow (S. entomelas)................................             156
    Yelloweye (S. ruberrimus)...........................             145
    Yellowmouth (S. reedi)..............................             175
    Yellowtail (S. flavidus)............................             155
Sablefish (blackcod)....................................             710

[[Page 15545]]

 
Sculpins................................................             160
Sharks:
    Other (if salmon, spiny dogfish or Pacific sleeper               689
     shark--use specific species code)..................
    Pacific sleeper.....................................             692
    Salmon..............................................             690
    Spiny dogfish.......................................             691
Skates:
    Alaska (Bathyraja parmifera)........................             703
    Aleutian (B. aleutica)..............................             704
    Whiteblotched (B. maculate).........................             705
    Big (Raja binoculata)...............................             702
    Longnose (R. rhina).................................             701
    Other (if Alaska, Aleutian, whiteblotched, big, or               700
     longnose skate--use specific species code).........
Sole:
    Butter..............................................             126
    Dover...............................................             124
    English.............................................             128
    Flathead............................................             122
    Petrale.............................................             131
    Rex.................................................             125
    Rock................................................             123
    Sand................................................             132
    Yellowfin...........................................             127
    Turbot, Greenland...................................             134
------------------------------------------------------------------------

0
7. Revise Table 2c to part 679 to read as follows:

    Table 2c to Part 679--Species Codes: FMP Forage Fish Species (All
    Species of the Following Families), Grenadier Species, and Squids
------------------------------------------------------------------------
                 Species Identification                        Code
------------------------------------------------------------------------
Forage Fish:
    Bristlemouths, lightfishes, and anglemouths (family              209
     Gonostomatidae)....................................
    Capelin smelt (family Osmeridae)....................             516
    Deep-sea smelts (family Bathylagidae)...............             773
    Eulachon smelt (family Osmeridae)...................             511
    Gunnels (family Pholidae)...........................             207
    Krill (order Euphausiacea)..........................             800
    Lanternfishes (family Myctophidae)..................             772
    Pacific Sand fish (family Trichodontidae)...........             206
    Pacific Sand lance (family Ammodytidae).............             774
    Pricklebacks, war-bonnets, eelblennys, cockscombs                208
     and Shannys (family Stichaeidae)...................
    Surf smelt (family Osmeridae).......................             515
Grenadiers:
    Giant Grenadiers (Albatrossia pectoralis)...........             214
    Other Grenadiers....................................             213
Squid:
    Squids..............................................             875
------------------------------------------------------------------------

 BILLING CODE 3510-22-P
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8. Revise Table 10 to part 679 to read as follows:

[[Page 15546]]

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[[Page 15547]]


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[[Page 15548]]


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 BILLING CODE 3510-22-C
0
9. Revise Table 11 to part 679 to read as follows:

[[Page 15549]]

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[FR Doc. 2018-07510 Filed 4-10-18; 8:45 am]
 BILLING CODE 3510-22-P