[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15334-15335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8427]
[[Page 15334]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 971231319-8070-02; I.D. 112697A]
RIN 0648-AK09
Fisheries of the Exclusive Economic Zone Off Alaska; Maximum
Retainable Bycatch Percentages
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements a regulatory amendment to establish separate
maximum retainable bycatch (MRB) percentages for shortraker rockfish
and rougheye rockfish (SR/RE) in the Aleutian Islands Subarea (AI)
groundfish fisheries. This action is necessary to slow the harvest rate
of SR/RE, which will reduce the potential for overfishing. This action
is intended to further the objectives of the Fishery Management Plan
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area
(FMP).
DATES: Effective April 30, 1998.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review prepared for this action may be obtained from the Sustainable
Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802, Attn: Lori Gravel, or by calling the Alaska Region, NMFS, at
907-586-7228.
FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 907-586-7228.
SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in
the exclusive economic zone of the Bering Sea and Aleutian Islands
management area (BSAI) is managed by NMFS according to the FMP. The FMP
was prepared by the North Pacific Fishery Management Council (Council)
under authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). Fishing by U.S. vessels is
governed by regulations implementing the FMP at subpart H of 50 CFR
part 600 and 50 CFR part 679.
Regulations at 50 CFR 679.20(e) establish MRB percentages for
groundfish species or species groups that are closed to directed
fishing. The MRB amount is calculated as a percentage of the species
closed to directed fishing (bycatch species) relative to the amount of
other species retained onboard the vessel that are open for directed
fishing. Amounts of a bycatch species onboard a vessel that are below
or equal to the specified MRB percentage for that species may be
retained. Amounts that are in excess of the MRB percentage must be
discarded. Such discards that are required by the regulations are known
as regulatory discards.
MRB percentages serve as a management tool to slow the harvest
rates of bycatch species by limiting the amount that can be retained on
board a vessel. By not placing the bycatch species on ``prohibited''
status, thereby prohibiting all retention, MRBs also serve to minimize
regulatory discard of bycatch species when they are taken incidental to
other directed fisheries. MRB percentages reflect a balance between the
need to reduce the harvest rate of bycatch species and the desire to
minimize regulatory discard of the bycatch species. Although MRB
percentages limit the incentive to target on a bycatch species,
fishermen can ``top off'' their retained catch with these species up to
the MRB amount by deliberately targeting the bycatch species.
Currently, MRBs are established for aggregate rockfish species that
are closed to directed fishing. As part of the aggregate rockfish MRB,
the combined amounts of SR/RE and other rockfish closed to directed
fishing must not exceed the following percentages of other species that
are open to directed fishing: (a) 15 percent relative to deepwater
species (other rockfish species, sablefish, Greenland turbot, and
flathead sole), (b) 5 percent relative to shallow water species (Atka
mackerel, pollock, yellowfin sole, rock sole, ``other flatfish'',
squid, and other species) and (c) 0 percent relative to arrowtooth
flounder.
SR/RE are highly valued, but amounts available to the commercial
fisheries are limited by a relatively small total allowable catch (TAC)
amount that is fully needed to support bycatch needs in other
groundfish fisheries. As a result, the directed fishery for SR/RE
typically is closed at the beginning of the fishing year. Nonetheless,
bycatch amounts of SR/RE can exceed TAC and approach the specified
overfishing level. When the overfishing level of SR/RE is reached, NMFS
must close all other fisheries in which SR/RE is taken as bycatch.
In response to this problem, the Council recommended that NMFS
establish separate MRB percentages for SR/RE lower than the current MRB
percentages for SR/RE. A proposed rule to implement this regulatory
amendment was published in the Federal Register on January 16, 1998 (63
FR 2654) with comments invited through February 17, 1998. No letters of
comment were received.
This action separates SR/RE from the aggregated rockfish bycatch
species group and establishes MRB percentages for SR/RE in the AI at 7
percent relative to deepwater complex species and to 2 percent relative
to shallow water complex species. The MRB percentage relative to
arrowtooth flounder remains at 0 percent.
Classification
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that the measures this rule would
implement would not have a significant economic impact on a substantial
number of small entities. The basis for this certification was
published in the proposed rule, (63 FR 2654, January 16, 1998). No
comments were received regarding this certification. Thus, a regulatory
flexibility analysis was not prepared.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: March 25, 1998.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is amended
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq. and 3631 et seq.
2. In part 679, Table 11 is revised to read as follows:
[[Page 15335]]
Table 11.--Bering Sea and Aleutian Islands Management Area Retainable Percentages
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Shortraker Aggregate
Pollock Pacific Atka Arrow- Yellowfin Other Rock Flathea Greenland Sable- rougheye Aggregated Squid forage Other
cod mackerel tooth sole flatfish sole d sole turbot fish (AI) rockfish fish species
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Basis Species \1\
Pollock............................ na \4\ 20 20 35 20 20 20 20 1 1 2 5 20 2 20
Pacific cod........................ 20 na \4\ 20 35 20 20 20 20 1 1 2 5 20 2 20
Atka mackerel...................... 20 20 na \4\ 35 20 20 20 20 1 1 2 5 20 2 20
Arrowtooth......................... 0 0 0 na \4\ 0 0 0 0 0 0 0 0 0 2 0
Yellowfin sole..................... 20 20 20 35 na \4\ 35 35 35 1 1 2 5 20 2 20
Other flatfish..................... 20 20 20 35 35 na \4\ 35 35 1 1 2 5 20 2 20
Rock sole.......................... 20 20 20 35 35 35 na \4\ 35 1 1 2 5 20 2 20
Flathead sole...................... 20 20 20 35 35 35 35 na \4\ 35 15 7 15 20 2 20
Greenland turbot................... 20 20 20 35 20 20 20 20 na \4\ 15 7 15 20 2 20
Sablefish.......................... 20 20 20 35 20 20 20 20 35 na \4\ 7 15 20 2 20
Other rockfish..................... 20 20 20 35 20 20 20 20 35 15 7 15 20 2 20
Other red rockfish-BS.............. 20 20 20 35 20 20 20 20 35 15 na \4\ 15 20 2 20
Pacific ocean perch................ 20 20 20 35 20 20 20 20 35 15 7 15 20 2 20
Sharpchin/Northern-AI.............. 20 20 20 35 20 20 20 20 35 15 7 15 20 2 20
Shortraker/Rougheye-AI............. 20 20 20 35 20 20 20 20 35 15 na \4\ 15 20 2 20
Squid.............................. 20 20 20 35 20 20 20 20 1 1 2 5 na \4\ 2 20
Other species...................... 20 20 20 35 20 20 20 20 1 1 2 5 20 2 na \4\
Aggregated amount non-groundfish
species........................... 20 20 20 35 20 20 20 20 1 1 2 5 20 2 20
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\1\ For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.
\2\ Aggregated rockfish of the genera Sebastes and Sebastolobus except in the Aleutian Islands Subarea where shortraker and rougheye rockfish is a separate category.
\3\ Forage fish are defined at Sec. 679.2.
\4\ na = not applicable.
[FR Doc. 98-8427 Filed 3-30-98; 8:45 am]
BILLING CODE 3510-22-P
