65402 Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Proposed Rules

Issued in Washington, D.C. on December 5,

1997.

Edward R. English,

Director, Office of Safety Enforcement,

Federal Railroad Administration.

[FR Doc. 97–32510 Filed 12–11–97; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[I.D. 042597B]

Taking of Marine Mammals Incidental

to Commercial Fishing Operations;

Gulf of Maine Harbor Porpoise Take

Reduction Plan Regulations

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Reopening of public comment

period.

SUMMARY: On August 13, 1997, NMFS

published proposed regulations to

implement a plan to reduce the bycatch

and mortality of harbor porpoises that

occur incidental to sink gillnet fishing

in the Gulf of Maine. The public

comment period for the proposed

regulations ended on October 14, 1997.

NMFS is hereby reopening the public

comment period for an additional 30

days. The comment period will reopen

on December 16, 1997, and extend until

January 14, 1998.

DATES: Written comments must be

received on or before January 14, 1998.

ADDRESSES: Send comments on the

proposed regulations to Chief, Marine

Mammal Division, Office of Protected

Resources, National Marine Fisheries

Service, 1315 East-West Highway, Silver

Spring, MD 20910, or by calling (301)

713-2322. Copies of the draft Harbor

Porpoise Take Reduction Plan (HPTRP)

and Environmental Assessment are

available upon request from Douglas

Beach, Northeast Region, NMFS, One

Blackburn Drive, Gloucester, MA 01930,

or from Donna Wieting, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT:

Kevin Chu, NMFS, 508–495–2291 or

Donna Wieting, NMFS, 301–713–2322.

SUPPLEMENTARY INFORMATION: On August

13, 1997 (62 FR 43302), NMFS

published a proposed regulation to

implement a plan to reduce the bycatch

and mortality of harbor porpoises that

occur incidental to sink gillnet fishing

in the Gulf of Maine. These regulations

were based on a draft HPTRP submitted

by the Gulf of Maine Harbor Porpoise

Take Reduction Team (HPTRT)

pursuant to the Marine Mammal

Protection Act. The notice indicated

that comments must be received by

October 14, 1997.

NMFS has decided to reconvene the

HPTRT on December 16 and 17, 1997.

NMFS has, therefore, decided to reopen

the public comment period on the

proposed regulations for an additional

30 days from the first date of the HPTRT

meeting.

Dated: December 8, 1997.

Patricia A. Montanio,

Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 97–32474 Filed 12–11–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971124274–7274–01; I.D.

110597A]

RIN 0648–AH67

Fisheries of the Exclusive Economic

Zone Off Alaska; Forage Fish Species

Category

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

implement Amendment 36 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area and

Amendment 39 to the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (FMPs). This action

would define a forage fish species

category in both FMPs and implement

associated management measures. The

intended effect of this action is to

prevent the development of a

commercial directed fishery for forage

fish, which are a critical food source for

many marine mammal, seabird, and fish

species. This action is necessary to

conserve and manage the forage fish

resource off Alaska and to further the

goals and objectives of the FMPs.

DATES: Comments on the proposed rule

must be received at the following

address by January 26, 1998.

ADDRESSES: Comments must be sent to

the Assistant Regional Administrator,

Sustainable Fisheries Division, Alaska

Region, NMFS, P.O. Box 21668, Juneau,

AK 99802, Attn: Lori J. Gravel, or

delivered to the Federal Building, 709

West 9th. Street, Juneau, AK. Copies of

the proposed FMP amendments and the

Environmental Assessment/Regulatory

Impact Review (EA/RIR) prepared for

Amendments 36 and 39 are available

from NMFS at the above address, or by

calling the Alaska Region, NMFS, at

907–586–7228.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone of the Bering

Sea and Aleutian Islands management

area (BSAI) and of the Gulf of Alaska

(GOA) are managed by NMFS under the

FMPs. The FMPs were prepared by the

North Pacific Fishery Management

Council (Council) under the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act). Regulations governing the

groundfish fisheries of the BSAI and

GOA appear at 50 CFR parts 600 and

679.

The Council has submitted

Amendments 36 and 39 for Secretarial

review and a Notice of Availability

(NOA) of the FMP amendments was

published on November 12, 1997 (62 FR

60682), with comments on the FMP

amendments invited through January

12, 1997. Written comments may

address the FMP amendments, the

proposed rule, or both, but must be

received by January 12, 1997, to be

considered in the approval/disapproval

decision on the FMP amendments.

Management Background and Need for

Action

Forage fish are abundant fishes that

are preyed upon by marine mammals,

seabirds, and commercially important

groundfish species. Forage fish perform

a critical role in the complex ecosystem

functions of the BSAI and the GOA by

providing the transfer of energy from the

primary or secondary producers to

higher trophic levels.

Significant declines in marine

mammals and seabirds in the BSAI and

GOA have raised concerns that

decreases in the forage fish biomass may

contribute to the further decline of

marine mammal, seabird, and

commercially important fish

populations. Forage fish are the

principal diet of more than two thirds

of Alaskan seabirds. In addition, many

seabirds can subsist on a variety of

invertebrates and fish during
Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Proposed Rules 65403

nonbreeding months but can only raise

their nestlings on forage fish. Small

forage fish such as capelin, herring,

sandlance, and eulachon have also been

recognized as important prey items for

a variety of marine mammal species

including Northern fur seal, Steller sea

lion, harbor seal, spotted seal, bearded

seal, humpback whale, and fin whale.

Additional information on forage fish

and their role in the ecosystem is

available in the EA/RIR prepared for

Amendments 36 and 39 (see

ADDRESSES).

Members of the fishing industry and

public have expressed concern that the

current FMP structure may allow

unrestricted commercial harvest to

occur on forage fish species because

these species are currently grouped into

the ‘‘other species’’ and non-allocated

categories of the FMPs. In addition, the

International Council for the

Exploration at Sea (ICES) has recently

recommended that fishery managers

develop measures to avoid the

commercial targeting of food resources

that are important to marine mammals

and seabirds. Establishing forage fish as

a separate category in the FMPs would

provide the mechanism to better manage

these species.

Forage Fish Species Category

Amendments 36 and 39 would

establish a new species category for

forage fish. The forage fish species

category would include all species of

the following families:

Osmeridae (eulachon, capelin, and

other smelts),

Myctophidae (lanternfishes),

Bathylagidae (deep-sea smelts),

Ammodytidae (Pacific sand lance),

Trichodontidae (Pacific sand fish),

Pholidae (gunnels),

Stichaeidae (pricklebacks,

warbonnets, eelblennys, cockscombs

and shannys),

Gonostomatidae (bristlemouths,

lightfishes, and anglemouths), and the

Order Euphausiacea (krill).

These species have been grouped

together because they are considered to

be primary food resources for other

marine animals and they have the

potential to be the targets of a

commercial fishery.

Management Measures Proposed for

Forage Fish

Affected Vessels and Processors

The following management measures

would apply to all vessels fishing for

groundfish in the Federal waters of the

BSAI or GOA or processing groundfish

harvested in the Federal waters of the

BSAI or GOA. These management

measures do not limit traditional or

subsistence harvests of forage fish

species from within State waters.

Prohibition on Directed Fishing

Under Amendments 36 and 39,

directed fishing for forage fish would be

prohibited at all times in the Federal

waters of the BSAI and GOA. A

maximum retainable bycatch (MRB)

percentage of 2 percent would be

established for forage fish, meaning that

vessels fishing for groundfish could

retain a quantity of forage fish equal to

no more than 2 percent of the round

weight or round-weight equivalent of

groundfish species open to directed

fishing that are retained on board the

vessel during a fishing trip. NMFS data

indicate that the aggregate percentage of

forage fish incidentally caught in

current groundfish fisheries rarely

exceeds 2 percent, and many vessels

rarely or never encounter catch of forage

fish species. Consequently, bycatch of

forage fish species is not considered a

problem in the groundfish fisheries off

Alaska, and the 2-percent MRB is

unlikely to result in increased discards

of forage fish species.

Harvest Quotas

Insufficient information exists upon

which to specify a total allowable catch

amount (TAC) for forage fish species.

Therefore, Amendments 36 and 39 do

not establish procedures for establishing

an annual TAC for forage fish species.

However, by establishing a new species

category for forage fish, NMFS will be

able to collect additional data on forage

fish from vessel logbooks, weekly

production reports, and observer

reports. This information may be used

to evaluate the need for and

appropriateness of other management

measures for forage fish species.

Limits on Sale, Barter, Trade or

Processing

The sale, barter, trade, or processing

of forage fish species would be

prohibited for vessels fishing for

groundfish in the Federal waters of the

BSAI or GOA, or processing groundfish

harvested in the BSAI or GOA, except

that retained catch of forage fish species

not exceeding the 2-percent MRB may

be processed into fishmeal and sold.

The Council chose to allow processing

of forage fish into fishmeal within the 2-

percent MRB amount to avoid placing

an undue burden on operations that

process unsorted processing waste into

fishmeal. Industry representatives

indicated that separating small

quantities of forage fish from the

volumes of fish and fish waste entering

a fishmeal plant would be nearly

impossible. The small volumes of

fishmeal production that would be

allowed under this rule are not expected

to provide an incentive for vessels to

target on forage fish through ‘‘topping

off’’ activity.

These restrictions would not apply to

onshore processors due to limitations of

the Secretary’s authority under the

Magnuson-Stevens Act. At the June

1997 Council meeting, the State of

Alaska indicated that it intends to

proceed with parallel forage fish

regulations to restrict the harvest of

forage fish within State waters and the

processing of forage fish by onshore

processors.

Classification

At this time, NMFS has not

determined that the amendments that

this rule would implement are

consistent with the national standards

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.

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 this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities.

This action would affect a substantial

number of small entities because the

proposed management measures would

apply to all vessels fishing for or processing

groundfish in the Federal waters off Alaska.

However, the impacts of the proposed action

would not be ‘‘significant’’ the purpose of the

Regulatory Flexibility Act (RFA). Compliance

costs would not be significant because

vessels fishing for groundfish rarely, if ever,

incidentally harvest forage fish in quantities

that would exceed the proposed 2-percent

MRB. While vessel operators would be

required to monitor catch and discards of

forage fish as part of their normal

recordkeeping and reporting requirements,

these compliance costs would not reduce

annual gross revenues by more than 5

percent, increase total costs of production by

more than 5 percent, or result in compliance

costs for small entities that are at least 10

percent higher than compliance costs as a

percent of sales for large entities. The

proposed action would affect fishermen who

wish to target forage fish. Several vessel

operators have expressed interest in pursuing

the capelin fishery and have done so in the

past. Alaska Department of Fish and Game

records indicate that between 1984 and 1994,

six vessels harvested a combined total of

1,493 mt of capelin from the Togiak region

of Bristol Bay. These six vessels do not

represent a substantial number of small

entities for purposes of the RFA. Although

NMFS does not have data on how great a
65404 Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Proposed Rules

percentage of these six vessels’ annual

incomes derives from the directed capelin

fishery, it is unlikely that any of these vessels

would experience a greater than 5 percent

reduction in gross annual income as a result

of this rule given the small amount of capelin

taken in the directed fishery. No commercial

harvests of other forage fish species have

been reported in Alaska.

An informal consultation under the

Endangered Species Act was concluded

for Amendments 36 and 39 on July 11,

1997. As a result of the informal

consultation, the Regional

Administrator determined that fishing

activities under this rule are not likely

to affect adversely endangered or

threatened species.

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, Recordkeeping and

reporting requirements.

Dated: December 5, 1997.

Rolland A. Schmitten,

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 § 679.2, the definition of ‘‘forage

fish’’ is added in alphabetical order as

follows:

§ 679.2 Definitions.

* * * * *

Forage fish means all species of the

following families:

(1) Osmeridae (eulachon, capelin and

other smelts),

(2) Myctophidae (lanternfishes),

(3) Bathylagidae (deep-sea smelts),

(4) Ammodytidae (Pacific sand lance),

(5) Trichodontidae (Pacific sandfish),

(6) Pholidae (gunnels),

(7) Stichaeidae (pricklebacks,

warbonnets, eelblennys, cockscombs

and shannys),

(8) Gonostomatidae (bristlemouths,

lightfishes, and anglemouths), and the

Order

(9) Euphausiacea (krill).

3. In § 679.20, a new paragraph (i) is

added as follows:

§ 679.20 General limitations.

* * * * *

(i) Forage fish—(1) Definition. See

§ 679.2.

(2) Applicability. The provisions of

§ 679.20(i) apply to all vessels fishing

for groundfish in the BSAI or GOA and

to all vessels processing groundfish

harvested in the BSAI and GOA.

(3) Closure to directed fishing.

Directed fishing for forage fish 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 is prohibited,

except as provided in paragraph (i)(5) of

this section.

(5) Allowable fishmeal production.

Retained catch of forage fish not

exceeding the maximum retainable

bycatch amount may be processed into

fishmeal for sale, barter, or trade.

* * * * *

4. In § 679.22, paragraph (c) is revised

to read as follows:

§ 679.22 Closures.

* * * * *

(c) Directed fishing closures. See

§ 679.20(d) and § 679.20(i).

* * * * *

5. Table 2 to 50 CFR part 679 is

amended by adding species codes 207

Gunnels, 208 Pricklebacks, 210 Pacific

sandfish, 772 Lanternfishes, 209

Bristlemouths, lightfishes, and

anglemouths (Gonostomatidae), 773

Deep-sea smelt (Bathylagidae), 774

Pacific sand lance, 800 Krill, in

numerical order under as follows:

Table 2 to Part 679.—Species Codes

Code Species

* * * * *

GROUP CODES

* * * * *

207 ............... Gunnels

208 ............... Pricklebacks, warbonnets,

eelblennys, cockscombs

and shannys (family

Stichaeids)

209 ............... Bristlemouths, lightfishes, and

anglemouths (family

Gonostomatids)

210 ............... Pacific sandfish

* * * * *

772 ............... Lanternfishes

773 ............... Deep-sea smelts (family

Bathylagids)

774 ............... Pacific sand lance

800 ............... Krill (family Euphausiids)

* * * * *

6. Tables 10 and 11 to 50 CFR part

679 are amended by adding a column

for aggregate forage fish as follows:

In Table 10 to 50 CFR part 679, a

column for ‘‘Aggregate Forage Fish’’ will

be added between columns ‘‘Atka

mackerel’’ and ‘‘Other species,’’ and

footnote 5 is added to read ‘‘Forage fish

are defined at § 679.20(i)(1).’’

In Table 11 to 50 CFR part 679, a

column for ‘‘Aggregate Forage Fish’’ will

be added between columns ‘‘Squid’’ and

‘‘Other species,’’ and footnote 3 will be

redesignated as footnote 4, and a new

footnote 3 is added to read ‘‘Forage fish

are defined at § 679.20(i)(1).’’

The tables, as amended, read as

follows:

TABLE 10.—CURRENT GULF OF ALASKA RETAINABLE PERCENTAGES

Bycatch Species 1

Pollock

Pacific

cod

Deep

flatfish

Rex

sole

Flathead

sole

Shallow

flatfish

Arrowtooth

Sablefish

Aggregated

rockfish 2

DSR

SEEO 4

Atka

mackerel

Aggregate

Forage

fish 5

Other

species

Basis Species

Pollock ..................................................................................................................... 3 na 20 20 20 20 20 35 1 5 10 20 2 20

Pacific cod ............................................................................................................... 20 3 na 20 20 20 20 35 1 5 10 20 2 20

Deep flatfish ............................................................................................................ 20 20 3 na 20 20 20 35 7 15 1 20 2 20

Rex sole .................................................................................................................. 20 20 20 3 na 20 20 35 7 15 1 20 2 20

Flathead sole ........................................................................................................... 20 20 20 20 3 na 20 35 7 15 1 20 2 20

Shallow flatfish ........................................................................................................ 20 20 20 20 20 3 na 35 1 5 10 20 2 20

Arrowtooth ............................................................................................................... 5 5 0 0 0 0 3 na 0 0 0 0 2 20

Sablefish .................................................................................................................. 20 20 20 20 20 20 35 3 na 15 1 20 2 20

Pacific Ocean perch ................................................................................................ 20 20 20 20 20 20 35 7 15 1 20 2 20

Shortraker/rougheye ................................................................................................ 20 20 20 20 20 20 35 7 15 1 20 2 20

Other rockfish .......................................................................................................... 20 20 20 20 20 20 35 7 15 1 20 2 20

Northern rockfish ..................................................................................................... 20 20 20 20 20 20 35 7 15 1 20 2 20

Pelagic rockfish ....................................................................................................... 20 20 20 20 20 20 35 7 15 1 20 2 20

DSR-SEEO .............................................................................................................. 20 20 20 20 20 20 35 7 15 3 na 20 2 20
Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Proposed Rules 65405

TABLE 10.—CURRENT GULF OF ALASKA RETAINABLE PERCENTAGES—Continued

Bycatch Species 1

Pollock

Pacific

cod

Deep

flatfish

Rex

sole

Flathead

sole

Shallow

flatfish

Arrowtooth

Sablefish

Aggregated

rockfish 2

DSR

SEEO 4

Atka

mackerel

Aggregate

Forage

fish 5

Other

species

Thornyhead ............................................................................................................. 20 20 20 20 20 20 35 7 15 1 20 2 20

Atka mackerel ......................................................................................................... 20 20 20 20 20 20 35 1 5 10 3 na 2 20

Other species .......................................................................................................... 20 20 20 20 20 20 35 1 5 10 20 2 3 na

Aggregated amount non-groundfish species .......................................................... 20 20 20 20 20 20 35 1 5 10 20 2 20

1For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications.

2Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus except in the southeast Outside District where demersal shelf rockfish (DSR) is a separate category. 3 na = not applicable.

4SEEO = Southeast Outside District.

5Forage fish are defined at § 679.20(i)(1).

TABLE 11.—BERING SEA AND ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES

Bycatch species 1

Pollock

Pacific

cod

Atka

mackerel

Arrowtooth

Yellowfin

sole

Other

flatfish

Rock

sole

Flathead

sole

Greenland

turbot

Sablefish

Aggregated

rockfish 2

Aggregate

Forage

fish 3

Squid

Other

species

Basis Species 1

Pollock ........................................................................................................ 4 na 20 20 35 20 20 20 20 1 1 5 20 2 20

Pacific cod .................................................................................................. 20 na 20 35 20 20 20 20 1 1 5 20 2 20

Atka mackerel ............................................................................................ 20 20 na 35 20 20 20 20 1 1 5 20 2 20

Arrowtooth .................................................................................................. 0 0 0 na 0 0 0 0 0 0 0 0 2 0

Yellowfin sole ............................................................................................. 20 20 20 35 na 35 35 35 1 1 5 20 2 20

Other flatfish ............................................................................................... 20 20 20 35 35 na 35 35 1 1 5 20 2 20

Rock sole ................................................................................................... 20 20 20 35 35 35 na 35 1 1 5 20 2 20

Flathead sole ............................................................................................. 20 20 20 35 35 35 35 na 35 15 15 20 2 20

Greenland turbot ........................................................................................ 20 20 20 35 20 20 20 20 na 15 15 20 2 20

Sablefish .................................................................................................... 20 20 20 35 20 20 20 20 35 na 15 20 2 20

Other rockfish ............................................................................................. 20 20 20 35 20 20 20 20 35 15 15 20 2 20

Other red rockfish-BS ................................................................................ 20 20 20 35 20 20 20 20 35 15 15 20 2 20

Pacific Ocean perch ................................................................................... 20 20 20 35 20 20 20 20 35 15 15 20 2 20

Sharpchin/ Northern-AI .............................................................................. 20 20 20 35 20 20 20 20 35 15 15 20 2 20

Shortraker/ Rougheye-AI ........................................................................... 20 20 20 35 20 20 20 20 35 15 15 20 2 20

Squid .......................................................................................................... 20 20 20 35 20 20 20 20 1 1 5 3 na 2 20

Other species ............................................................................................. 20 20 20 35 20 20 20 20 1 1 5 20 2 3 na

Aggregated amount non-groundfish species ............................................. 20 20 20 35 20 20 20 20 1 1 5 20 2 20

1For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.

2Aggregated rockfish of the genera Sebastes and Sebastolobus. 3Forage fish are defined at § 679.20(i)(1). 4 na = not applicable.

[FR Doc. 97–32473 Filed 12–11–97; 8:45 am]

BILLING CODE 3510–22–P