[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Proposed Rules]
[Pages 43783-43785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18130]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BJ03


Fisheries of the Exclusive Economic Zone Off Alaska; Rockfish 
Management in the Groundfish Fisheries of the Bering Sea and Aleutian 
Islands and the Gulf of Alaska

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

ACTION: Notice of availability of fishery management plan amendment; 
request for comments.

-----------------------------------------------------------------------

SUMMARY: The North Pacific Fishery Management Council has submitted 
Amendment 119 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (BSAI FMP) and 
Amendment 107 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA FMP) (collectively Amendments 119/107) to the Secretary 
of Commerce (Secretary) for review. If approved, Amendments 119/107 
would require that the operator of a catcher vessel required to have a 
federal fishery permit using hook-and-line, pot, or jig in the EEZ of 
the Bering Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA) to 
retain and land all rockfish (Sebastes and Sebastolobus species) caught 
while fishing for groundfish or for Pacific halibut and establish a 
limit on the amount of rockfish caught as incidental catch allowed to 
enter commerce through barter, sale or trade. Amendments 119/107 are 
necessary to improve identification of rockfish species, improve data 
collection by providing more accurate estimates of total catch, reduce 
incentives to discard rockfish, reduce waste, reduce overall 
enforcement burden, and provide regulatory consistency. Amendments 119/
107 are intended to promote the goals and objectives of the Magnuson-
Stevens Fishery Conservation and Management Act, the BSAI FMP, the GOA 
FMP, and other applicable laws.

DATES: Comments must be received no later than October 21, 2019.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2019-0068, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the

[[Page 43784]]

Federal e Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0068, 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. 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 119 to the BSAI FMP, Amendment 107 
to the GOA FMP, the Regulatory Impact Review (RIR; referred to as the 
``Analysis'') and the draft National Environmental Policy Act (NEPA) 
Categorical Exclusion may be obtained from www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, (907) 586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery and 
Conservation Act (Magnuson-Stevens Act) in section 304(a) and 305(d) 
requires that each regional fishery management council submit an 
amendment to a fishery management plan for review and approval, 
disapproval, or partial approval by the Secretary. The Magnuson-Stevens 
Act in section 304(a) also requires that the Secretary, upon receiving 
an amendment to a fishery management plan, immediately publish a notice 
in the Federal Register announcing that the amendment is available for 
public review and comment. The North Pacific Fishery Management Council 
(Council) has submitted Amendments 119/107 to the Secretary for review. 
This notice announces that proposed Amendments 119/107 to the FMPs are 
available for public review and comment.
    In April 2019, the Council adopted Amendment 119/107 to the BSAI 
FMP and GOA FMP, respectively, which would require full retention of 
rockfish by CVs required to have a federal fishery permit using hook-
and-line, pot, or jig gear in the BSAI and GOA groundfish and 
Individual Fishing Quota (IFQ)/Community Development Quota (CDQ) 
halibut fisheries even if NMFS prohibits retention of a rockfish 
species. If approved, Amendments 119/107 would also establish a limit 
on the amount of rockfish caught as incidental catch allowed to enter 
commerce through barter, sale, or trade. There is a need to establish 
such a limit or allowance that both provides an incentive for vessel 
operators to retain all rockfish and avoids elevated rates of rockfish 
incidental catch because rockfish maximum retainable amounts (MRA) 
would not apply under the proposed full retention requirement. This 
limit is called the maximum commerce allowance (MCA). The MCA would be 
calculated at each rockfish landing, and would limit the amount of 
rockfish allowed to enter commerce. The MCA for rockfish would be 
calculated as a percentage of the total retained groundfish and halibut 
landed during each delivery.
    Amendment 119 would amend two sections of the BSAI FMP. First, in 
Table ES-2 in the Executive Summary, row ``Retention and Utilization 
Requirements'' would have a sentence added to read, ``Rockfish: Catcher 
vessels using hook-and-line, pot, or jig gear must retain and land all 
rockfish.''
    Second, a new BSAI FMP Section ``3.6.3.3 Full Rockfish Retention by 
Catcher Vessels using Hook-and-Line, Pot, or Jig Gear'' would have a 
sentence added to read that ``The operator of a catcher vessel required 
to have a federal fishery permit using hook-and-line, pot, or jig gear 
and participating in groundfish or halibut fisheries in the EEZ of the 
BSAI must retain and land all rockfish.'' A second sentence would be 
added to read, ``Maximum Commerce Allowance for Rockfish. A vessel 
operator may sell, barter, or trade a round weight equivalent amount of 
rockfish that is less than or equal to the maximum commerce allowance 
established in regulations. The MCA is calculated as a percent of the 
aggregate round weight equivalent of halibut and groundfish species, 
other than rockfish, that are landed during the same fishing trip.''
    Amendment 107 to the GOA FMP would amend two sections of the GOA 
FMP. First, Table ES-2 in the Executive Summary, row ``Retention and 
Utilization Requirements'' would have a sentence added to read, 
``Rockfish: Catcher vessels using hook-and-line, pot, or jig gear must 
retain and land all rockfish.''
    Second, a new GOA FMP Section ``3.6.3.3 Full Rockfish Retention by 
Catcher Vessels using Hook-and-Line, Pot, or Jig Gear'' would have a 
sentence added to read ``The operator of a catcher vessel required to 
have a federal fishery permit using hook-and-line, pot, or jig gear and 
participating in groundfish or halibut fisheries in the EEZ of the GOA 
must retain and land all rockfish.'' A second sentence would be added 
to read, ``Maximum Commerce Allowance for Rockfish. A vessel operator 
may sell, barter, or trade a round weight equivalent amount of rockfish 
that is less than or equal to the maximum commerce allowance 
established in regulations. The MCA is calculated as a percent of the 
aggregate round weight equivalent of IFQ halibut and groundfish 
species, other than rockfish, that are landed during the same fishing 
trip.''

Background

    Rockfish are commercially important groundfish comprising 29 
commonly caught species. Most of these species inhabit rocky areas in 
shallow to moderately deep waters that overlap with groundfish and 
halibut fisheries. Many rockfish species are sought for their 
commercial value. Except for thornyhead rockfish (Sebastolobus spp.), 
rockfish have a closed swim bladder, which regulates buoyancy. Quick 
changes in pressure that occur when rockfish are caught and brought to 
the surface damage internal organs, therefore rockfish are susceptible 
to high mortality when brought to the surface from depth. Virtually no 
rockfish survive once caught without using special handling procedures 
to return the rockfish to depth as soon as possible.
    Many rockfish species are commonly caught as incidental catch by 
vessels directed fishing for other species using hook-and-line, pot, or 
jig gear. NMFS prohibits directed fishing for most rockfish species at 
the beginning of the year because the amount of the total allowable 
catch (TAC) for rockfish species or species groups do not support 
directed fishing. If a TAC is reached, NMFS prohibits retention of the 
species.
    Since directed fishing by CVs using hook-and-line, pot, or jig gear 
is already prohibited for nearly all species of rockfish, NMFS limits 
retention through the MRA as the primary tool to regulate rockfish 
catch. The MRA is the proportion or percentage of retained catch of a 
species closed to directed fishing (incidental catch species) to the 
retained catch of a species open for directed fishing (basis species). 
When NMFS prohibits directed fishing for a groundfish species, 
retention of the catch of that species is allowed up to an

[[Page 43785]]

MRA based on percentages set forth in Table 10 and Table 11 to 50 CFR 
part 679. Section 679.20(d)(iii)(B) requires vessel operators to 
discard at sea any rockfish that exceeds the MRA. For the individual 
fishing quota (IFQ) halibut and IFQ sablefish fisheries, when IFQ 
halibut or IFQ sablefish is on board, retention of rockfish is already 
mandatory unless rockfish are required to be discarded because catch is 
in excess of the MRA or the rockfish is in prohibited species status 
(Sec.  679.7(f)(8)).

Full Retention

    Since the majority of rockfish do not survive being caught, 
discards of rockfish increases waste. Rockfish must be discarded for 
two reasons: (1) When rockfish catch is in excess of an MRA; and (2) 
when a rockfish species is prohibited from being retained (in a 
prohibited species status). Amendments 119/107 would require full 
retention of all rockfish that are caught by CVs using hook-and-line, 
pot, or jig gear and remove the requirements for catcher vessels using 
hook-and-line, pot, or jig gear to discard rockfish.
    The Council recommended, and NMFS proposes, requiring full 
retention of all rockfish caught by CVs required to have a federal 
fishery permit using hook-and-line, pot, or jig gear targeting 
groundfish and halibut in the GOA and BSAI for a number of reasons. 
These reasons include (1) improving the identification of rockfish 
species catch by vessels using electronic monitoring (EM); (2) 
providing more precise estimates of rockfish catch; (3) reducing waste 
and incentives to discard rockfish; (4) reducing overall enforcement 
burden; and (5) promoting more consistent management between State and 
Federal fisheries. These recommended revisions are described in more 
detail in the Analysis and the forthcoming proposed rule for Amendments 
119/107.

Maximum Commerce Allowance

    There is a need to establish a limit or allowance on the sale of 
rockfish caught as incidental catch that both provides an incentive for 
vessel operators to retain all rockfish and avoids elevated rates of 
rockfish incidental catch because rockfish MRAs would not apply under 
the proposed full retention requirement. These amendments would 
implement a new fishery management method known as the maximum commerce 
allowance (MCA). The MCA would be calculated when groundfish and 
halibut are landed at a processor. The MCA would limit the amount of 
rockfish allowed to enter commerce through barter, sale, or trade. 
Rockfish that cannot be sold could be consumed by vessel crew, donated 
to non-profits, processed into fishmeal, or discarded by the processing 
plant.
    To address concerns raised by processors, the Council recommended 
allowing rockfish in excess of the MCA to be processed into meal. 
Allowing rockfish in excess of the MCA to be processed into meal is 
unlikely to provide any additional financial incentives to target 
rockfish due to the low value of fishmeal.
    Before adopting its preferred alternatives for Amendment 119/107, 
the Council considered a range of alternatives and options. The Council 
determined, and NMFS agrees, that the alternative and options selected 
by the Council will improve estimates of rockfish catch, increase 
utilization of rockfish incidental catch, reduce overall enforcement 
burden, reduce regulatory complexity and promote more consistent 
management of rockfish between the State of Alaska and Federal 
fisheries.
    NMFS is soliciting public comments on proposed Amendments 119/107 
through the end of the comment period (see DATES). NMFS intends to 
publish in the Federal Register and seek public comment on the proposed 
rule that would implement Amendments 119/107 following NMFS's 
evaluation of the proposed rule under the Magnuson-Stevens Act.
    Respondents do not need to submit the same comments on Amendments 
119/107 and the proposed rule. All relevant written comments received 
by the end of the applicable comment period, whether specifically 
directed to the FMP amendments or the proposed rule will be considered 
by NMFS in the approval/disapproval decision for Amendments 119/107 and 
addressed in the response to comments in the final decision. Comments 
received after the end of the applicable comment period will not be 
considered in the approval/disapproval decision on Amendments 119/107. 
To be considered, comments must be received, not just postmarked or 
otherwise transmitted, by the last day of the comment period (see 
DATES).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 19, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-18130 Filed 8-21-19; 8:45 am]
 BILLING CODE 3510-22-P