[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Proposed Rules]
[Pages 22703-22715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08145]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200413-0111]
RIN 0648-BJ49
Fisheries of the Exclusive Economic Zone Off Alaska;
Reclassifying Sculpin Species 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.
[[Page 22704]]
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Amendment 121 to the
Fishery Management Plan (FMP) for Groundfish of the Bering Sea and
Aleutian Islands (BSAI) Management Area (BSAI FMP) and Amendment 110 to
the FMP for Groundfish of the Gulf of Alaska (GOA) (GOA FMP),
collectively referred to as Amendments 121/110. If approved, this
proposed rule would prohibit directed fishing for sculpins by federally
permitted groundfish fishermen and specify a sculpin retention limit in
the GOA and BSAI groundfish fisheries. This action is necessary to
properly classify sculpins in the BSAI and GOA FMPs. This proposed rule
is intended to promote the goals and objectives of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act),
Amendments 121/110, the BSAI and GOA FMPs, and other applicable laws.
DATES: Submit comments on or before May 26, 2020.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket Number NOAA-NMFS-2020-0004, 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-2020-0004, 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: Records Office. 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 the draft Environmental Assessment and the
Regulatory Impact Review (collectively referred to as the ``Analysis'')
prepared for this proposed rule may be obtained from
www.regulations.gov.
Electronic copies of the Initial Regulatory Flexibility Analyses
for the BSAI and GOA Groundfish Harvest Specifications for 2020-2021
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; and 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 (EEZ) of the BSAI and GOA under the BSAI and GOA FMPs (the FMPs),
respectively. The North Pacific Fishery Management Council (Council)
prepared the FMPs under the authority of the Magnuson-Stevens Act, 16
U.S.C. 1801 et seq. Regulations governing U.S. fisheries and
implementing the BSAI and GOA FMPs appear at 50 CFR parts 600 and 679.
This proposed rule would implement Amendments 121/110 to the BSAI
and GOA FMPs, respectively. The Council submitted Amendments 121/110
for review by the Secretary of Commerce (Secretary), and a Notice of
Availability (NOA) of Amendments 121/110 was published in the Federal
Register on March 23, 2020, with comments invited through May 22, 2020.
Comments submitted on this proposed rule by the end of the comment
period (See DATES) will be considered by NMFS and addressed in the
response to comments in the final rule. Comments submitted on this
proposed rule may also address Amendments 121/110. However, all
comments addressing Amendments 121/110 must be received by May 22, 2020
to be considered in the approval/disapproval decision on Amendments
121/110. Commenters do not need to submit the same comments on both the
NOA and this proposed rule. All relevant written comments received by
May 22, 2020, whether specifically directed to the FMP amendments, this
proposed rule, or both, will be considered by NMFS in the approval/
disapproval decision for Amendments 121/110 and addressed in the
response to comments in the final rule.
Background
In October 2019, the Council voted to recommend Amendments 121/110
to reclassify sculpins as non-target ecosystem component (EC) species,
not in need of conservation and management. Sculpins are currently
classified as target species in the FMPs, though as discussed below,
sculpins are currently only caught incidental to other target
fisheries. To implement amendments 121/110, NMFS proposes regulations
to prohibit directed fishing for sculpins by federally permitted
groundfish fishermen and to specify a sculpin retention limit in the
GOA and BSAI groundfish fisheries. The following sections of this
preamble provide (1) groundfish stock classification in the 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 121/110; 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) 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 is 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 OFLs are exceeded in any year. Regulations at
Sec. Sec. 679.20(d)(1) through (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
[[Page 22705]]
group's annual catch that accounts for the scientific uncertainty in
the estimate of OFL and any other scientific uncertainty. Regulations
at Sec. Sec. 679.20(d)(1) and (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. 679.20(d)(1) and (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
proposed 2020/2021 annual harvest specifications (84 FR 66129, December
3, 2019 and 84 FR 66109, December 3, 2019).
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
Federal regulation at 50 CFR 600.310(d)(1), EC species are identified
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) prohibited directed fishing for forage fish, and
(2) 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 the Council 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 (80
FR 11897, March 5, 2015).
In 2018, NMFS implemented Amendments 117/106 to the BSAI and GOA
FMPs, respectively, to add squid species to the EC category (83 FR
31460, July 6, 2018). The Council and NMFS moved squid from the target
category in the FMPs to the EC category after making a determination
that squid did not require conservation and management, but, similar to
grenadiers, still acknowledged their role in the ecosystem and
established an MRA to limit groundfish fisheries' potential impact on
squid. Recordkeeping and reporting requirements were retained to
monitor bycatch of squid. Additional detail is provided in the final
rule implementing Amendments 117/106 (83 FR 31460, July 6, 2018).
Sculpins are currently classified as target species in the
groundfish FMPs and directed fishing for sculpins is allowed. However,
sculpins are not a target species for any groundfish fishery in the
BSAI or GOA. Sculpins are only caught incidentally to other target
groundfish species. Sculpins are incidentally caught primarily in the
BSAI by vessels using trawl gear directed fishing for yellowfin sole,
rock sole, and Atka mackerel, as well as by vessels directed fishing
for Pacific cod with hook-and-line, pot, and trawl gear (Table 3-4 and
Table 3-5 of the Analysis). Sculpins are caught primarily in the GOA by
vessels in the Pacific cod and shallow-water flatfish directed
fisheries, and IFQ halibut fisheries (Table 3-6 of the Analysis).
For both the BSAI and GOA, sculpins are managed as a Tier 5
species, which is the least preferred method of specifying an
overfishing limit when limited biological reference points are
available. Only Tier 6 species, for which no biological reference
points are available, are below Tier 5 in terms of limited information
available. Nonetheless, specification of OFL for Tier 5 species
reflects the best estimate possible for sculpins with the available
data. As described in Section 3.2.3 of the Analysis, model estimates of
sculpin abundance in the BSAI and GOA have been fairly stable over the
years with no conservation concerns apparent.
Stock assessments provide the scientific basis for determining
whether a stock is experiencing overfishing (i.e., when a stock's
recent harvest rate exceeds sustainable levels) or overfished (i.e.,
already depleted), and for calculating a sustainable harvest rate and
forecasting catches that correspond to that rate. For stocks in Tiers
4-6, no determination can be made of overfished status or approaching
an overfished condition as information is insufficient to estimate the
Maximum Sustainable Yield (MSY) stock level. Therefore, it is not
possible to determine whether the sculpin complex is overfished or
whether it is approaching an overfished condition because it is managed
under Tier 5. However, in the absence of directed fishing, they are
very unlikely to be overfished. Sculpins, in general, are not retained.
As noted in Section 3.2.2 of the Analysis, sculpin catch has been
substantially below ABC and OFL, and has been a small proportion of the
biomass each year.
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 10 factors'
relevance to sculpins. The analysis shows that while sculpins are
currently classified as a target species in the FMPs, there has been no
directed fishing for sculpins since they were included in the FMPs.
Sculpins are not important to commercial, recreational, or subsistence
users, nor are they important to the National or regional economy.
There are no developing fisheries for sculpins in the EEZ off Alaska
nor in waters of the State of Alaska. Because there is no directed
fishing and incidental fishing-related mortality is low, there is very
little probability that sculpins will become overfished. Sculpins are
very unlikely to be in need of rebuilding, and are not targeted as a
major food product in Alaska. There are no conservation concerns for
sculpins since they are not targeted, are rarely retained, and future
uses of sculpins remain available. Maintaining sculpins as a target
species in the BSAI and GOA FMPs is not likely to change stock
condition.
[[Page 22706]]
Amendments 121/110
In October of 2019, the Council recommended, and NMFS now proposes,
Amendments 121/110 to reclassify sculpins as EC category species in the
FMPs. Based on a review of the best available scientific information,
and after considering NS guidelines, the Council and NMFS determined
that sculpins are not in need of conservation and management, and that
classifying sculpins in the EC category is an appropriate action. While
the Council determined that sculpins 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 sculpins as an EC species complex
in the FMPs because they are a component of the ecosystem as benthic
predators.
Amendments 121/110 would establish the sculpins EC species complex
in the groundfish FMPs to clarify that they are non-target species and
not in need of conservation and management. Recordkeeping and reporting
requirements would be maintained to monitor the effects of incidental
catch of sculpins in the groundfish fisheries. Amendments 121/110 would
allow NMFS to prohibit directed fisheries for sculpins and limit the
retention and commercial sale of sculpins. Commercial sale of retained
sculpins would be allowed, subject to MRAs, only if the retained catch
is processed into fishmeal, in accordance with current Federal
regulations at Sec. 679.20(i)(5). The limitation on processing and
sale of EC species as anything other than fishmeal is status quo for
all species moved to the EC; however, the Council is considering
changing this limitation for squid and may also consider it for sculpin
species to allow them to be processed and sold in other product forms,
and that would be addressed with a subsequent action. By virtue of
being classified as EC species, catch specifications for sculpins
(i.e., OFLs, ABCs, and TACs) would no longer be required.
Though the Council determined, and NMFS concurs, that sculpins are
not in need of conservation and management, sculpin population status
and bycatch should be monitored to continually assess vulnerability of
sculpins to the groundfish fisheries. Therefore, the proposed rule
retains recordkeeping and reporting requirements for sculpin bycatch.
The proposed rule would prohibit directed fishing for sculpins to meet
the intent of Amendments 121/110 that sculpins are not a target species
complex. Because the definition of directed fishing at Sec. 679.2 is
based on a MRA, the proposed rule would specify a retention limit for
sculpins so that NMFS could implement the prohibition on directed
fishing to meet the intent of Amendments 121/110.
Proposed Rule
In addition to classifying sculpins as an EC species in the FMPs
under Amendments 121/110, the Council recommended and NMFS proposes
regulations to limit and monitor the incidental catch of sculpins. This
proposed rule would--
prohibit directed fishing for sculpins in the BSAI and GOA
groundfish fisheries;
maintain recordkeeping and reporting of sculpins in the
BSAI and GOA groundfish fisheries, but modify the regulations for
clarity; and
specify a sculpins retention limit, or MRA, of 20 percent
in the BSAI and GOA Federal groundfish fisheries.
To prohibit directed fishing, this proposed rule would revise
Sec. Sec. 679.20(i) and 679.22(i) to prohibit directed fishing for
sculpins at all times in the BSAI and GOA groundfish fisheries. This
prohibition is consistent with the regulations and management approach
for other EC species. NMFS prohibits directed fishing for forage fish,
grenadiers, and squids.
To clarify definitions, this proposed rule would add a definition
for sculpins at Sec. 679.2. Recordkeeping and reporting requirements
at Sec. 679.5 would not be modified by this proposed rule and would
continue to require a vessel operator or manager in a BSAI or GOA
groundfish fishery to record and report retained and discarded sculpins
in logbooks, landing reports, and production reports. However, this
proposed rule would clarify the recordkeeping and reporting
requirements by adding an instruction to Sec. 679.5 to use the sculpin
species code in Table 2c to 50 CFR part 679 (Table 2c) to record and
report sculpin catch. Table 2c lists the species reporting codes for
non-target EC groundfish FMP species. NMFS would modify Table 2c to add
one sculpin species code and remove the existing sculpin species code
from Table 2a to 50 CFR part 679 (species reporting codes for target
groundfish FMP species) because sculpins 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 sculpins.
Section 679.20 provides the general limitations for the BSAI and
GOA groundfish fisheries. Because a TAC would no longer be specified
for sculpins, this proposed rule would remove sculpins 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 sculpins out of the basis species
category and into the incidental catch species category consistent with
the prohibition on directed fishing for sculpins under this proposed
rule. In the GOA, sculpins are included in the ``other species''
category (along with octopuses and sharks) for MRA purposes under the
existing regulations. To specify a separate MRA for sculpins in the
GOA, this proposed rule would remove sculpins from footnote 6, ``other
species'' in Table 10 to 50 CFR part 679 and add sculpins 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 sculpins
as a basis species in the BSAI and add sculpins to footnote 7 to
indicate that forage fish, grenadiers, squids, and sculpins are all
defined in Table 2c.
In developing this proposed rule, the Council and NMFS considered a
range of sculpins MRA percentages: 2 percent, 10 percent, and 20
percent. Sculpins, in general, are not retained, and fishery observer
data indicate that the retention rate has been below 10 percent in the
BSAI and below 20 percent in the GOA. The Analysis (Table 3-7) shows
that since 2013, the retention rate has been below 5 percent in both
the BSAI and GOA. Table 3-8 in the Analysis shows the low percentage of
retained sculpins compared to the total retained groundfish. In the
BSAI, the proportion of retained sculpins relative to retained
groundfish ranges from a low of 0.00 percent to a high of 0.02 percent.
In the GOA, the percent of retained sculpins relative to groundfish
ranges from a low of 0.00 percent to a high of 0.04 percent. As noted
in Section 3.2.2 of the Analysis, sculpin catch has been substantially
below ABC and OFL, and has been a small proportion of the biomass each
year. Section 2.3.1 of the Analysis discusses the rationale for
selecting an MRA of 20 percent. A MRA of 20 percent relative to all
basis species discourages targeting of sculpins and minimizes
regulatory discards. Because there are no conservation concerns for
sculpins and retention of sculpins has been low, a lower MRA would not
further discourage targeting, but may
[[Page 22707]]
result in increased regulatory discards of sculpins. Therefore, the
Council recommended and NMFS proposes specifying a MRA for sculpins of
20 percent in both the BSAI and GOA groundfish fisheries.
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 Amendments 121/110, other provisions
of the Magnuson-Stevens Act, and other applicable laws, subject to
further consideration after public comment period.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
This proposed rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
Regulatory Impact Review (RIR)
An RIR was prepared to assess all costs and benefits of available
regulatory alternatives. A copy of this analysis is available from NMFS
(see ADDRESSES). NMFS is recommending Amendments 121/110 and the
regulatory revisions in this proposed rule based on those measures that
maximized net benefits to the Nation. Specific aspects of the economic
analysis 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) (5 U.S.C. 603), 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 sculpins 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 (50 CFR 200.2). 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 IRFAs for the BSAI and GOA Harvest
Specifications for 2020-2021 (see ADDRESSES). In 2018, there were 182
catcher vessels and 3 catcher/processors in the BSAI, and 756 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.
For operators of vessels currently participating in these
fisheries, the economic impacts of this proposed rule are primarily
beneficial or neutral. Removing sculpins from the BSAI target species
category would remove the sculpins TAC from inclusion in the 2 million
metric ton optimum yield (OY) cap in the BSAI. The amount of the OY cap
that has been reserved for sculpins 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
sculpins TAC in the GOA will not allow for an increase in the TAC for
another target species.
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 sculpins in the future, and who would
wish to retain more sculpins 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 because there has been no directed
fishing for sculpins. Therefore, no current participants would lose an
economic opportunity that is available to them today or has been
available to them.
Recordkeeping, Reporting, and Other Compliance Requirements
Under this proposed rule, requirements for recording and reporting
the catch and discard of sculpins in logbooks or on 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
sculpins 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 two alternatives. Among the two
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 sculpins on BSAI and GOA groundfish fisheries.
Among the three options considered for the sculpins MRA (2 percent, 10
percent, and 20 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 sculpins
as incidental catch in other groundfish fisheries.
Alternative 1 is the no action alternative and would continue to
classify sculpins as target species in the groundfish FMPs. OFLs, ABCs,
and
[[Page 22708]]
TACs would continue to be set for sculpins 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 preferred alternative) also could be considered more
restrictive to small entities than Alternative 1 if the prohibition on
directed fishing for sculpins under the proposed rule limits future
participants' ability to conduct directed fishing for sculpins more so
than would occur under the status quo. Alternative 1 allows NMFS to
determine annually whether to open a directed fishery for sculpins.
Alternative 2 would classify sculpins in the BSAI and GOA in the EC
category and implement a regulation prohibiting directed fishing for
sculpins 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 sculpins. 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 sculpins.
Collection-of-Information Requirements
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This requirement has
been submitted to OMB for approval under OMB Control Numbers 0648-0213
and 0648-0515. This proposed rule would make minor revisions to the
information collection requirements to clarify the location of the
species code for sculpins in the tables to 50 CFR part 679 to note that
sculpins should be reported as non-target EC species rather than target
species. The requirements for recording and reporting the catch and
discard of sculpins in logbooks or on catch or production reports will
not change. These minor revisions do not change the public reporting
burden or costs.
Public comment is sought regarding whether this proposed collection
of information is necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; the accuracy of the burden estimate, ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information, including
through the use of automated collection techniques or other forms of
information technology. Send comments on these or any other aspects of
the collection of information to NMFS Alaska Region (see ADDRESSES), by
email to [email protected], or by fax to (202) 395-5806.
Notwithstanding any other provision of 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.reginfo.gov/public/do/PRASearch#.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: April 14, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine
Fisheries Service.
For 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 ``Sculpins'' in alphabetical
order to read as follows:
Sec. 679.2 Definitions.
* * * * *
Sculpins (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), squids
(see Table 2c to this part), and sculpins (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 part), prohibited
species (see Table 2b to this part), forage fish (see Table 2c to this
part), grenadiers (see Table 2c to this part), squids (see Table 2c to
this part), and sculpins (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), squids (see Table 2c to
this part), and sculpins (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) through (5) to read as
follows:
Sec. 679.20 General limitations.
* * * * *
(b) * * *
(2) GOA. Initial reserves are established for pollock, Pacific cod,
flatfish, octopuses, and sharks, which are equal to 20 percent of the
TACs for these species or species groups.
* * * * *
(i) Forage fish, grenadiers, squids, and sculpins.
* * * * *
(3) Closure to directed fishing. Directed fishing for forage fish,
grenadiers, squids, and sculpins 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, squids, and
sculpins is prohibited, except as provided in paragraph (i)(5) of this
section.
[[Page 22709]]
(5) Allowable fishmeal production. Retained catch of forage fish,
grenadiers, squids, or sculpins 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, squids, and sculpins 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 separate 120
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
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
[[Page 22710]]
Petrale................................................. 131
Rex..................................................... 125
Rock.................................................... 123
Sand.................................................... 132
Yellowfin............................................... 127
Turbot, Greenland....................................... 134
------------------------------------------------------------------------
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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, Squids, and
Sculpins
------------------------------------------------------------------------
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 and 208
Shannys (family Stichaeidae)...........................
Surf smelt (family Osmeridae)........................... 515
GRENADIERS:.................................................
Giant Grenadiers (Albatrossia pectoralis)................. 214
Other Grenadiers.......................................... 213
SQUID:
Squids.................................................. 875
SCULPINS:
Sculpins................................................ 160
------------------------------------------------------------------------
BILLING CODE 3510-22-P
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8. Revise Table 10 to part 679 to read as follows:
[[Page 22711]]
[GRAPHIC] [TIFF OMITTED] TP23AP20.011
[[Page 22712]]
[GRAPHIC] [TIFF OMITTED] TP23AP20.012
[[Page 22713]]
[GRAPHIC] [TIFF OMITTED] TP23AP20.013
[[Page 22714]]
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9. Revise Table 11 to part 679 to read as follows:
[GRAPHIC] [TIFF OMITTED] TP23AP20.014
[[Page 22715]]
[GRAPHIC] [TIFF OMITTED] TP23AP20.015
[FR Doc. 2020-08145 Filed 4-22-20; 8:45 am]
BILLING CODE 3510-22-C