[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Proposed Rules]
[Pages 42080-42082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19866]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 90720198-9198-01; I.D. 070799B]
RIN 0648-AM36
Fisheries of the Exclusive Economic Zone Off Alaska; Maximum
Retainable Bycatch Percentages, Gulf of Alaska
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 a regulatory amendment to separate shortraker
rockfish and rougheye rockfish (SR/RE) from the aggregated rockfish
bycatch species group and reduce maximum retainable bycatch (MRB)
percentages for SR/RE in the Eastern Regulatory Area (ERA) of the Gulf
of Alaska (GOA) groundfish fisheries. This action is necessary to slow
the harvest rate of SR/RE thereby reducing the potential for
overfishing. This action is intended to further the objectives of the
Fishery Management Plan for the Groundfish Fishery of the Gulf of
Alaska (FMP).
DATES: Comments must be received at the following address by September
2, 1999.
ADDRESSES: Comments may be sent to Susan Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel or delivered to the
Federal Building, 709 West 9th Street, Juneau, AK. Copies of the
Environmental Assessment/Regulatory Impact Review/Initial Regulatory
Flexibility Analysis prepared for this action may be obtained from the
same address or by calling the Alaska Region, NMFS, at 907-586-7228.
FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228 or
shane.capron@noaa.gov.
SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in
the exclusive economic zone of the GOA 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 50 CFR parts
600 and 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 on
bycatch status relative to the amount of other species retained on
board the vessel that are open for directed fishing. MRB percentages
serve as a management tool to slow down the harvest rates of non-target
species by limiting the amount that can be retained on board a vessel.
By not placing a species on ``prohibited'' status, thereby prohibiting
all retention, MRBs also serve to minimize regulatory discard of non-
target species when they are taken incidental to other directed
fisheries. MRB percentages reflect a balance between slowing harvest
rates and minimizing the potential for undesirable discard. Although
directed fishing for a species or species group may be prohibited under
50 CFR 679.20(d)(1)(iii), fishermen can ``top off'' their retained
catch with these species up to the MRB amount by deliberately targeting
the bycatch species.
In October 1998, the Council requested NMFS to initiate an analysis
for a regulatory amendment to reduce the MRB percentages for SR/RE.
Reducing the MRB percentages is needed to slow the harvest rates of SR/
RE in the groundfish fisheries, thereby reducing the potential for
overfishing and minimizing industry incentives to ``top off'' retained
catch with SR/RE. Based on the analysis presented to the Council at its
meeting in April 1999, the Council recommended that SR/RE be separated
from the aggregated rockfish bycatch species group in the ERA of the
GOA for the deep-water complex only. In addition, the Council
recommended that the MRB percentages for SR/RE be reduced to 7 percent
relative to deep-water complex species in the ERA (primarily Pacific
ocean perch (POP) and sablefish) and remain at 5 percent (in the
aggregated rockfish category GOA-wide) relative to shallow-water
complex species. The MRB percentage relative to arrowtooth flounder
would remain at 0 percent. Further rationale for these MRB adjustments
is discussed below.
Separation of SR/RE From Aggregated Rockfish
MRB percentages are established for aggregate rockfish species that
are closed to directed fishing. Rockfish species were aggregated
because of concerns that separate MRB percentages for each rockfish
species category would increase the overall amount of rockfish that
could be retained and increase incentives to vessel operators to ``top
off'' their retained catch of target species with rockfish. As part of
the aggregate rockfish MRB, the combined amounts of rockfish on bycatch
status must not exceed specified percentages of other retained species
that are open to directed fishing. These percentages are 15 percent
relative to deep-water complex species (other rockfish species,
sablefish, Greenland turbot, and flathead sole) and 5 percent relative
to shallow-water complex species (Atka mackerel, pollock, Pacific cod,
yellowfin sole, rock sole, ``other flatfish,'' squid, and other
species).
SR/RE are highly valued, but amounts available to the commercial
fisheries are limited by the relatively small amounts of total
allowable catch (TAC), all of which are needed to support incidental
catch needs in other groundfish fisheries. As a result, the directed
fishery for SR/RE typically is closed at the beginning of the fishing
year. Incidental catch amounts of SR/RE, however, can exceed the
species TAC and approach its overfishing level. In 1998, the SR/RE
incidental catch in the ERA trawl and hook-and-line fisheries (181 mt
and 554 mt, respectively) exceeded the acceptable biological catch
(ABC) and caused overfishing concerns. This resulted in SR/RE being
placed on prohibited species status on October 1, 1998. In this case,
closure of any fishery, including the individual fishing quota
fisheries for sablefish and halibut, that could have incidental catches
of SR/RE was a possibility; SR/RE bycatch did not reach the overfishing
level and those fisheries remained open.
For these reasons, NMFS proposes to remove SR/RE from the
aggregated rockfish bycatch species group and establish a SR/RE bycatch
species group for the ERA of the GOA.
[[Page 42081]]
Reduction of the SR/RE MRB Percentages
The majority of SR/RE bycatch is taken in the POP and sablefish
fisheries. Based on data reported by the fishing industry since 1995,
the amount of retained SR/RE bycatch in the rockfish fishery has ranged
from 78 to 91 percent. During the same time period, the retained amount
of SR/RE in the hook-and-line sablefish fishery relative to other
retained catch has ranged from 51 to 69 percent.
Analyses of 1996-1998 observer data in the GOA fisheries indicate
that most SR/RE bycatch is taken in the minority of hauls. In the POP
fishery, the average bycatch rate for SR/RE from 1996 through 1998 was
only 3.3 percent. The average incidental catch rate for the hook-and-
line sablefish fishery for the same time period was only 3.1 percent.
However, about 50 percent of the SR/RE incidental catch was associated
with hauls that had SR/RE as the majority of the catch.
To the extent that these high-bycatch hauls represent ``topping
off,'' a reduction in MRB percentages would limit this activity and
reduce the risk of approaching the overfishing level for SR/RE stocks.
The proposed MRB percentages, however, remain high enough to prevent an
increase in regulatory discards.
Classification
The Administrator, Alaska Region, NMFS (Regional Administrator),
determined that this rule is necessary for the conservation and
management of the groundfish fisheries of the GOA. The Regional
Administrator also determined that this proposed rule is consistent
with the Magnuson-Stevens Act and other applicable law.
This action has been determined to be not significant for purposes
of E.O. 12866. No new reporting, recordkeeping, or compliance
requirements are imposed by this rule.
NMFS has prepared an Initial Regulatory Flexibility Analysis (IRFA)
that describes the impact this proposed rule, if adopted, would have on
small entities. A copy of this analysis is available from NMFS (see
ADDRESSES).
Currently, insufficient quantitative economic information exists on
the affected fishery to determine the economic significance of this
action. In the absence of such quantitative social and economic data, a
qualitative IRFA was conducted to comply with the Regulatory
Flexibility Act. The following summarizes the extent to which this rule
is expected to adversely impact small entities and the alternatives
considered.
This proposed action is being considered because harvest of SR/RE
has significantly exceeded the TAC in the ERA of the GOA in each of the
last 4 years. This action could have direct effects on 138 fishing
vessels. In 1998, while participating in the rockfish fisheries, 23
trawl catcher vessels and 17 catcher/processors accounted for 772 mt of
SR/RE harvest in the GOA (roughly 45 percent of the total harvest of
SR/RE). Also in 1998, 484 hook-and-line catcher vessels harvested 710
mt of SR/RE while participating in the sablefish fishery. Of the total
1,482 mt of SR/RE harvested by these two sectors, only 1,064 mt was
actually retained (about 72 percent of the total catch amount). About
50 percent of the SR/RE harvested was in SR/RE directed hauls. These
hauls, composed primarily of SR/RE, are likely to be ``top off'' hauls,
some of which would no longer be available to the fishery in the ERA of
the GOA given the reduced ability to ``top off'' at historic levels.
Any marginal loss in the short-term due to forgone catch of SR/RE would
be offset by the long-term viability of the fishery while harvesting at
maximum acceptable biological levels.
The alternative of reducing the MRB for SR/RE in the ERA of the GOA
was found to be the least restrictive on small entities while
maximizing the harvest of SR/RE within the TAC amount. Under the status
quo alternative, fishing mortality of SR/RE would continue at levels
above the ABC and would likely cause adverse modification to the
fishery resulting in reduced stocks; therefore the alternative was
rejected. The alternative of reducing the MRB in all areas of the GOA
also was rejected because it was too restrictive on entities fishing in
areas that have not exceeded acceptable harvest amounts within the last
3 years.
This proposed rule does not contain reporting, recordkeeping, or
compliance requirements and there are no relevant Federal rules which
may duplicate, overlap, or conflict with this proposed rule.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: July 27, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, 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
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 10 to Part 679--Gulf of Alaska Retainable
Percentages is revised to read as follows:
[[Page 42082]]
Table 10 to Part 679--Gulf of Alaska Retainable Percentages
[Incidental Catch Species \1\]
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Aggregated
Pollock Pacific Deep Rex Flathead Shallow Arrow- Sablefish Aggregated SR/RE DSR SEO Atka forage Other
cod flatfish sole sole flatfish tooth rockfish ERA \3\ \4\ mackerel fish \5\ species
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Basis Species: \1\
Pollock......................................... \6\ na 20 20 20 20 20 35 1 5 \6\ na 10 20 2 20
Pacific cod..................................... 20 \6\ na 20 20 20 20 35 1 5 \6\ na 10 20 2 20
Deep flatfish................................... 20 20 \6\ na 20 20 20 35 7 15 7 1 20 2 20
Rex sole........................................ 20 20 20 \6\ na 20 20 35 7 15 7 1 20 2 20
Flathead sole................................... 20 20 20 20 \6\ na 20 35 7 15 7 1 20 2 20
Shallow flatfish................................ 20 20 20 20 20 \6\ na 35 1 5 \6\ na 10 20 2 20
Arrowtooth...................................... 5 5 0 0 0 0 \6\ na 0 0 0 0 0 2 0
Sablefish....................................... 20 20 20 20 20 20 35 \6\ na 15 7 1 20 2 20
Pacific ocean perch............................. 20 20 20 20 20 20 35 7 15 7 1 20 2 20
Shortraker/rougheye............................. 20 20 20 20 20 20 35 7 15 7 1 20 2 20
Other rockfish.................................. 20 20 20 20 20 20 35 7 15 7 1 20 2 20
Northern rockfish............................... 20 20 20 20 20 20 35 7 15 7 1 20 2 20
Pelagic rockfish................................ 20 20 20 20 20 20 35 7 15 7 1 20 2 20
DSR-SEEO........................................ 20 20 20 20 20 20 35 7 15 7 \6\ na 20 2 20
Thornyhead...................................... 20 20 20 20 20 20 35 7 15 7 1 20 2 20
Atka mackerel................................... 20 20 20 20 20 20 35 1 5 \6\ na 10 \6\ na 2 20
Other species................................... 20 20 20 20 20 20 35 1 5 \6\ na 10 20 2 \6\ na
Aggregated amount of non-groundfish species..... 20 20 20 20 20 20 35 1 5 \6\ na 10 20 2 20
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\1\ For definition of species, see Table 1 of the GOA groundfish specifications.
\2\ Aggregated rockfish means rockfish defined at Sec. 679.2 except in the Southeast Outside District where demersal shelf rockfish (DSR) is a separate category and in the Eastern Regulatory
Area where shortraker/rougheye (SR/RE) rockfish is a separate category for the deep water complex only.
\3\ SR/RE ERA = shortraker/rougheye rockfish in the Eastern Regulatory Area.
\4\ SEO = Southeast Outside District.
\5\ Forage fish are defined at Sec. 679.2.
\6\ na = not applicable.
[FR Doc. 99-19866 Filed 8-2-99; 8:45 am]
BILLING CODE 3510-22-P
