[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Proposed Rules]
[Pages 63690-63692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31583]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971112269-7269-01; I.D. 102997A]
RIN 0648-AK13


Fisheries of the Exclusive Economic Zone off Alaska; Revised 
Management Authority for Pelagic Shelf Rockfish

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 46 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) 
which has been submitted by the North Pacific Fishery Management 
Council (Council) for Secretarial review. Amendment 46 would remove 
black and blue rockfish from the complex of species managed under the 
FMP. The State of Alaska (State) would regulate fishing for these 
species by vessels registered under Alaska law. This action is 
necessary to allow the State to implement more responsive, regionally-
based, management of these species than is currently possible under the 
FMP. The intended effect of this action is to repeal duplicative 
Federal regulations, provide for more responsive State management and 
prevent localized overfishing of black and blue rockfish stocks.

DATES: Comments on the proposed rule must be received by January 16, 
1998.

ADDRESSES: Comments should be submitted to Chief, Fisheries Management 
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: 
Lori Gravel, or delivered to

[[Page 63691]]

the Federal Building, 709 West 9th Street, Juneau, AK. Copies of the 
proposed Amendment 46 and the Environmental Assessment/Regulatory 
Impact Review (EA/RIR) and related economic analysis prepared for the 
proposed action are available from the North Pacific Fishery Management 
Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501-2252; 
telephone: 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Alan Kinsolving 907-586-7228.

SUPPLEMENTARY INFORMATION:

Management Background and Need for Action

    The domestic groundfish fisheries in the exclusive economic zone of 
the Gulf of Alaska (GOA) are managed by NMFS under the FMP. The FMP was 
prepared by the Council under the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). Regulations governing the 
groundfish fisheries of the GOA appear at 50 CFR parts 600 and 679.
    The Council has submitted Amendment 46 for Secretarial review and a 
Notice of Availability (NOA) of the FMP amendment was published on 
November 5, 1997 (62 FR 59844), with comments on the FMP amendment 
invited through January 5, 1998. All written comments received by 
January 5, 1998, whether specifically directed to the FMP amendment, 
the proposed rule, or both, will be considered in the approval/
disapproval decision on the FMP amendment.
    Black rockfish (Sebastes melanops) and blue rockfish (S. mystinus) 
currently are managed as part of the pelagic shelf rockfish assemblage 
(PSR) under the FMP. The Council is concerned that recent expansion of 
a fishery for these species in the central GOA may result in 
unsustainable black and blue rockfish catches.
    Two problems with Federal management of black and blue rockfish 
have been identified by the Council. First, the total allowable catch 
(TAC) for all PSR species is based on a triennial trawl survey. Survey 
catches are dominated (93 percent to over 99 percent) by the 
underexploited dusky rockfish. This leads to the development of 
acceptable harvest levels for the PSR assemblage that are sustainable 
for stronger PSR stocks such as dusky rockfish, but that may be 
inappropriate for weaker black and blue rockfish stocks. Second, the 
trawl survey only samples fish on or near a smooth bottom. However, 
most black and blue rockfish occur in rocky nearshore reef habitats 
that are not sampled by this survey. Small-area harvest guidelines, 
developed using more selective sampling methodologies, are necessary to 
prevent localized depletion of these territorial, slow-growing, long-
lived species. The current management system cannot accommodate this.
    Currently, both species are taken chiefly in State waters (78 
percent in 1996). Under current management, the State's closure of the 
rockfish fishery in State waters is often followed by a reported shift 
in effort to PSR species in adjacent Federal waters. Transferring 
management of these species to the State should result in more 
effective conservation measures in both nearshore and offshore waters 
while eliminating duplicative Federal management.
    At its June 1997 meeting, the Council adopted Amendment 46 to the 
FMP. If this amendment were approved, the State could regulate State-
registered vessels fishing for black and blue rockfish. The black and 
blue rockfish fishery is not large, and all vessels participating in it 
are registered under the laws of the State. Typically, the vessels are 
small, and operators would be unable to land their catch outside the 
State. Insurance and safety concerns also make it unlikely that vessels 
in the fishery would not be registered with the State. Thus, it is 
unlikely that any vessel harvesting black or blue rockfish in Federal 
waters would not be subject to State regulations.
    Black and blue rockfish are also taken as bycatch in other 
federally managed fisheries, especially the halibut Individual Fishing 
Quota and Pacific cod jig fisheries.  By removing black and blue 
rockfish from the FMP, the State could impose on State registered 
vessels fishing in the Federal fisheries only such additional State 
measures, like bycatch retention limits for blue and black rockfish, as 
are consistent with the applicable Federal fishing regulations for the 
fishery in which the vessel is operating. The Council's intent is not 
to give the State authority to indirectly regulate other federally 
managed fisheries through State implementation of gear restrictions, 
area closures, or other bycatch control measures.
    To manage directed fishing closures for FMP groundfish effectively, 
NMFS must know whether these species are taken in a directed groundfish 
fishery or as bycatch in a nongroundfish fishery. Because other 
groundfish are often taken at the same time as black and blue rockfish, 
NMFS would continue to require reporting of retained black and blue 
rockfish when they are landed at the same time as other FMP groundfish.

Classification

    At this time, NMFS has not determined that Amendment 46 is 
consistent with the national standards, other provisions of the 
Magnuson-Stevens Act, and other applicable laws. NMFS, in making that 
determination, will take into account the data, views, and comments 
received during the comment period.
    NMFS prepared an EA/RIR that describes the impact this proposed 
rule, if adopted, would have on small entities. A copy of the RIR is 
available from the Council (see ADDRESSES). Based on the economic 
analysis in the RIR, the Assistant General Counsel for Legislation and 
Regulation of the Department of Commerce made the following 
certification to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities:

    The Small Business Administration has defined all fish-
harvesting or hatchery businesses that are independently owned and 
operated, not dominant in their field of operation, with annual 
receipts not in excess of $3 million as small businesses. In 
addition, seafood processors with 500 employees or fewer, wholesale 
industry members with 100 employees or fewer, not-for-profit-
enterprises, and government jurisdictions with a population of 
50,000 or less are considered small entities. NMFS has determined 
that a ``substantial number'' of small entities would generally be 
20 percent of the total universe of small entities affected by the 
regulation. A regulation would have a ``significant negative 
impact'' on these small entities if it reduced annual gross revenues 
by more than 5 percent, increased total costs of production by more 
than 5 percent or resulted in compliance costs for small entities by 
at least 10 percent compared with compliance costs as a percent of 
sales for large entities.
    NMFS assumes that most catcher vessels participating in the 
Alaska groundfish fisheries are ``small entities'' for purposes of 
the Regulatory Flexibility Act. During 1996, in the GOA, 1,416 
catcher vessels participated in the GOA groundfish fishery. Of 
those, 302 vessels, or 21 percent, landed black rockfish and would 
presumably be affected by the proposed action
    During 1996, vessels participating in the fishery landed 973,443 
lb (441.6 mt) of black rockfish. Most of these landings were by 
vessels participating in the directed jig-gear fishery. Based on an 
average price paid of $0.35/lb ($771.61 mt) for Western and Central 
GOA landings, and $0.40/lb ($881.84/mt) for Eastern GOA landings, 
the 1996 value of these landings is estimated to be about $344,000.
    Removing black and blue rockfish from the PSR TAC should 
encourage the development of a small vessel fishery targeting under 
exploited-black and blue rockfish stocks in the Western and Eastern 
GOA. At the same

[[Page 63692]]

time, the State will be able to more effectively manage potentially 
overexploited stocks in the Central GOA and increase their long-term 
yield. Finally, elimination of duplicative Federal regulations may 
ease the regulatory burden on small-vessel fishermen and reduce 
compliance costs. Transferring management of black and blue rockfish 
to the State may result in short-term restrictions on jig fishermen, 
but because both species are predominately taken in State waters, 
most fishermen must already comply with State regulations. Thus, it 
is not anticipated that the action would meet or exceed any of the 
criteria for a significant economic impact.

    This proposed rule has been determined to be not significant for 
the purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: November 20, 1997.
David L. Evans,
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 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

    2. In Sec. 679.2, a definition of ``rockfish'' is added in 
alphabetical order to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Rockfish means:
    (1) For the Gulf of Alaska: Any species of Sebastes or Sebastelobus 
except Sebastes melanops, the black rockfish, and Sebastes mystinus, 
the blue rockfish.
    (2) For the Bering Sea and Aleutian Islands Management Area: Any 
species of Sebastes or Sebastelobus.
* * * * *
    3. In Sec. 679.21, paragraph (e)(3)(iv)(D) is revised to read as 
follows:


Sec. 679.21  Prohibited species bycatch management.

* * * * *
    (e)* * *
    (3)* * *
    (iv)* * *
    (D)  Rockfish fishery. Fishing with trawl gear during any weekly 
reporting period that results in a retained aggregate amount of 
rockfish species that is greater than the retained amount of any other 
fishery category defined under this paragraph (e)(3)(iv).
* * * * *
    4. In Sec. 679.23, paragraph (d)(1) is revised to read as follows:


Sec. 679.23  Seasons.

* * * * *
    (d)* * *
    (1) Directed fishing for trawl rockfish. Directed fishing for 
rockfish with trawl gear is authorized from 1200 hours, A.l.t., on the 
first day of the third quarterly reporting period of a fishing year 
through 2400 hours, A.l.t., December 31, subject to other provisions of 
this part.
* * * * *
    5. In Sec. 679.50, paragraph (c)(2)(iv) is revised to read as 
follows:


Sec. 679.50  Groundfish Observer Program applicable through December 
31, 1997.

* * * * *
    (c)* * *
    (2)* * *
    (iv) Rockfish fishery. In a retained aggregate catch of rockfish 
that is greater than the retained catch of any other groundfish species 
or species group that is specified as a separate groundfish fishery 
under this paragraph (c)(2).
* * * * *
    6. In Table 3 to part 679, the reference to footnote 1 and footnote 
1 are removed, and footnotes 2 and 3 are redesignated footnotes 1 and 2 
respectively.
    7. In Table 10 to part 679, footnote 2 is revised to read as 
follows:
    Table 10 to part 679--Current Gulf of Alaska Retainable Percentages
* * * * *
    <SUP>2 </SUP>Aggregated Rockfish means any rockfish except in the 
Southeast Outside District where demersal shelf rockfish (DSR) is a 
separate category.
* * * * *
[FR Doc. 97-31583 Filed 12-1-97; 8:45 am]
BILLING CODE 3510-22-F