[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Rules and Regulations]
[Pages 11897-11917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05049]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 140218151-5171-02]
RIN 0648-BD98


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Gulf of Alaska; Groundfish of the Bering Sea and Aleutian 
Islands Off Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 100 to the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (BSAI FMP) and Amendment 91 to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (GOA FMP). This 
final rule adds regulations to improve reporting of grenadiers, limit 
retention of grenadiers, and prevent direct fishing for grenadiers by 
federally permitted groundfish fishermen. This final rule is necessary 
to limit and monitor the incidental catch of grenadiers in the 
groundfish fisheries. This action is intended to promote the goals and 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act, the FMPs, and other applicable law.

DATES: Effective April 6, 2015.

ADDRESSES: Electronic copies of Amendment 100 to the BSAI FMP, 
Amendment 91 to the GOA FMP, and the Environmental Assessment, the 
Regulatory Impact Review, and the Initial Regulatory Flexibility 
Analysis (IRFA) (collectively, Analysis) prepared for this action are 
available from www.regulations.gov or from the NMFS Alaska Region Web 
site at alaskafisheries.noaa.gov. The 2012 Assessment of the Grenadier 
Stock Complex in the Gulf of Alaska, Eastern Bering Sea, and Aleutian 
Islands (2012 stock assessment) is available on the NMFS Web site at 
http://www.afsc.noaa.gov/REFM/Docs/2012/GOAgrenadier.pdf. The 2014 
Assessment of the Grenadier Stock Complex in the Gulf of Alaska, 
Eastern Bering Sea, and Aleutian Islands (2014 stock assessment) is 
available on the NMFS Web site at http://www.afsc.noaa.gov/REFM/Docs/2014/BSAIgrenadier.pdf.
    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, Alaska Region, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; in 
person at NMFS, Alaska Region, 709 West 9th Street, Room 420A, Juneau, 
AK; by email to <a href="/cdn-cgi/l/email-protection#97d8dec5d6c8c4e2f5fafee4e4fef8f9d7f8faf5b9f2f8e7b9f0f8e1"><span class="__cf_email__" data-cfemail="66292f3427393513040b0f15150f090826090b044803091648010910">[email protected]</span></a>; or fax to (202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228.

SUPPLEMENTARY INFORMATION: This final rule implements Amendment 100 to 
the BSAI FMP and Amendment 91 to the GOA FMP, collectively Amendments 
100/91. NMFS published a notice of availability for Amendments 100/91 
on May 5, 2014 (79 FR 25558). The comment period on Amendments 100/91 
ended on July 7, 2014. NMFS published a proposed rule to implement 
Amendments 100/91 on May 14, 2014 (79 FR 27557). The comment period on 
the proposed rule ended on June 13, 2014. NMFS approved Amendments 100/
91 on August 4, 2014. Additional detail on this action is provided in 
the notice of availability for Amendment 100/91 (79 FR 25558, May 5, 
2014) and the proposed rule (79 FR 27557, May 14, 2014). NMFS received 
three comment letters on Amendments 100/91 and the proposed rule.
    NMFS manages groundfish fisheries in the exclusive economic zone 
off Alaska under the BSAI FMP and GOA FMP. The North Pacific Fishery 
Management Council (Council) prepared the FMPs under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1801, et seq. Regulations governing U.S. 
fisheries and implementing the FMPs appear at 50 CFR parts 600 and 679.

Background

    The groundfish fisheries in the BSAI and GOA incidentally catch 
grenadiers (family Macrouridae) while harvesting other groundfish 
species. Grenadiers caught off Alaska are comprised of three species: 
Giant grenadiers (Albatrossia pectoralis), Pacific grenadiers 
(Coryphaenoides acrolepis), and popeye greandiers (Coryphaenoides 
cinereus). More than 90 percent of all grenadiers incidentally caught 
or obtained in surveys are giant grenadiers. Pacific grenadiers and 
popeye grenadiers typically occur at depths greater than most 
commercial fisheries or surveys and are rarely encountered (see Section 
3.2 of the Analysis for additional detail).
    For many years, the Council has considered how best to classify 
grenadiers in the FMPs. As explained in Section 1.2 of the Analysis 
(see ADDRESSES), from 1980 to 2010, grenadiers were included in the 
FMPs in the nonspecified species category. Nonspecified species were 
defined as a residual category of species and species groups which had 
no current or foreseeable economic value or ecological importance, 
which were taken in the groundfish fishery as incidental catch and were 
in no apparent danger of depletion, and for which virtually no data 
existed that would allow population assessments.
    In 2010, the Council recommended and NMFS removed the nonspecified 
species category from the FMPs when the FMPs were revised to meet the 
requirements of the Magnuson-Stevens Act as amended by the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 2007 
(Pub. L. 109-479). The amended Magnuson-Stevens Act required NMFS and 
the Council to establish annual catch limits (ACLs) and accountability 
measures (AMs) for fisheries in the FMP. The Council recommended and 
NMFS implemented Amendment 96 to the BSAI FMP and Amendment 87 to the 
GOA FMP to meet these requirements (Amendments 96/87, 75 FR 61639, 
October 6, 2010). The nonspecified species, including grenadiers, were 
removed from the FMPs because these species were too poorly understood 
to set ACLs and AMs or to develop a management regime.
    Amendments 96/87 also amended the FMPs to organize the species 
remaining in the FMPs according to the National Standard 1 guidelines 
(Sec.  600.310). In the National Standard 1 guidelines, NMFS recommends 
two categories for species in an FMP: ``Stocks in the fishery'' and 
``ecosystem component (EC) species.''
    ``Stocks in the fishery'' are defined in the National Standard 1 
guidelines (Sec.  600.310(d)(2)). ``Stocks in the fishery'' include (1) 
stocks that are targeted, and retained for sale or personal use; (2) 
stocks that are not directly targeted but are taken incidentally in 
other directed fisheries, and are retained for sale or personal use; 
and (3) stocks not targeted or retained but are taken as incidental

[[Page 11898]]

catch and for which overfishing or overfished status may be a concern.
    NMFS created the EC species category to encourage ecosystem 
approaches to management and to incorporate ecosystem considerations 
for species that are not ``stocks in the fishery'' (74 FR 3178, January 
16, 2009). EC species are defined in the National Standard 1 guidelines 
(Sec.  600.310(d)(5)). In order to be designated an EC species, the 
species or species group should be: (1) A non-target species or species 
group; (2) not subject to overfishing, overfished, or approaching an 
overfished condition; (3) not likely to become subject to overfishing 
or overfished in the absence of conservation and management measures; 
and (4) not generally retained for sale or personal use.
    Amendments 96/87 established the EC category in the FMPs, and 
designated prohibited species (which include salmon, steelhead trout, 
crab, halibut, and herring) and forage fish (as defined in Table 2c to 
part 679 and Sec.  679.20(i)) as EC species in the FMPs. For EC 
species, NMFS maintained conservation regulations applicable to the 
specific EC species. These include prohibiting the retention of 
prohibited species, prohibiting directed fishing for forage fish, and 
establishing a limit on the incidental harvest of forage fish while 
directed fishing for other groundfish species, known as a maximum 
retainable amount (MRA), of 2 percent. Regulations at Sec.  679.2 
define the term ``directed fishing.'' Regulations at Sec.  679.20(e) 
describe the application and calculation of MRAs.
    When the Council recommended Amendments 96/87, it recognized that 
as information on a nonspecified species improves, it would consider 
moving that species back into the FMP, either as a ``stock in the 
fishery'' or as an EC species. In 2010, the Council initiated an 
analysis to consider moving grenadiers back into the FMPs. The Council 
determined that sufficient information exists for grenadiers to address 
them in the FMPs, as reflected in the Analysis prepared for this action 
(see ADDRESSES). The Analysis provides the best available information 
on grenadiers and considers two action alternatives: Include grenadiers 
in the FMP as an EC species, or include grenadiers in the FMP as 
``stocks in the fishery.''
Amendments 100/91
    In February 2014, the Council voted unanimously to recommend 
Amendments 100/91 to the FMPs to add grenadiers to the EC category in 
the FMPs. The Council and NMFS recognized that adding grenadiers to the 
FMPs in the EC category acknowledges their role in the ecosystem and 
limits the groundfish fisheries' potential impact on grenadiers. Adding 
grenadiers to the EC category allows for improved data collection and 
catch monitoring appropriate for grenadiers given their abundance, 
distribution, and catch.
    The Council considered the requirements of the Magnuson-Stevens Act 
and the National Standard 1 guidelines in making its recommendation. 
The preamble to the proposed rule (79 FR 27557, May 14, 2014) and the 
Analysis prepared for this action (see ADDRESSES) describe how 
grenadiers meet the four factors for inclusion into the EC category 
rather than as a ``stock in the fishery.'' That description is briefly 
summarized here.
    Grenadiers are not a targeted species group and are not generally 
retained for sale or personal use. Grenadiers have no current or 
foreseeable economic value. Section 3.4 of the Analysis explains that 
grenadiers are incidentally caught in deep water trawl and hook-and-
line fisheries, but are not actively targeted or retained. Thus, there 
is no evidence that grenadiers are presently being targeted or 
purposely retained.
    Grenadiers are not generally retained for sale or personal 
consumption. As explained in Section 3.4.4 of the Analysis, attempts to 
create a marketable product from giant grenadiers caught off Alaska 
have been unsuccessful given the poor quality of the resulting product. 
No current market exists for grenadiers, and it is unlikely that one 
will be developed in the foreseeable future.
    Grenadiers are not generally retained for personal use. As 
explained in Section 3.4 of the Analysis, a small portion of the total 
catch of grenadiers is known to be retained for use as bait (e.g., 3 
metric tons (mt) (6,614 lb.) in the GOA in 2013). Currently, reporting 
requirements on the retention of grenadiers for bait is not required, 
but is recorded voluntarily. This information is the best available, 
and it indicates that grenadiers are not generally retained for bait.
    Grenadiers are not subject to overfishing, overfished, or 
approaching an overfished condition, and are not likely to become 
subject to overfishing or overfished in the absence of conservation and 
management measures. As explained in Section 3.3 of the Analysis, NMFS 
has been conducting a stock assessment for grenadiers since 2006. Since 
2010, the stock assessment has been used to estimate grenadier biomass, 
an overfishing level (OFL), and an acceptable biological catch (ABC). 
NMFS estimates the incidental catch of grenadiers in the groundfish 
fisheries using observer data collected under the North Pacific 
Groundfish and Halibut Observer Program (see regulations at Sec.  
679.50).
    According to the 2014 stock assessment (see ADDRESSES), NMFS 
estimates that grenadier biomass in the BSAI is 1,286,734 mt (2.8 
billion lb.), the OFL is 100,365 mt (211 million lb.), the ABC is 
75,274 mt (165 million lb.), and the estimated catch is 5,320 mt (11.7 
million lb., mean catch for 2003 through 2013). Estimated catch of 
grenadiers in the BSAI represents approximately 0.4 percent of the 
estimated biomass, approximately 5 percent of the estimated OFL, and 
approximately 7 percent of the estimated ABC.
    According to the 2014 stock assessment (see ADDRESSES), NMFS 
estimates that grenadier biomass in the GOA is 524,624 mt (1.2 billion 
lb.), the OFL is 40,921 mt (90 million lb.), the ABC is 30,691 mt (68 
million lb.), and the estimated catch is 8,769 mt (19 million lb., mean 
catch for 2003 through 2013). Estimated catch of grenadiers in the GOA 
represents approximately 1 percent of the estimated biomass, 
approximately 21 percent of the estimated OFL, and approximately 28 
percent of the estimated ABC.

Final Rule

    In addition to adding grenadiers to the EC category in the FMPs 
under Amendments 100/91, the Council recommended NMFS implement 
regulations for groundfish fishery participants to limit and monitor 
the catch of grenadiers. This final rule will:
    <bullet> Require recordkeeping and reporting of grenadiers in the 
BSAI and GOA groundfish fisheries;
    <bullet> Add two grenadier species codes;
    <bullet> Add grenadier product recovery rates (PRRs);
    <bullet> Prohibit directed fishing for grenadiers; and
    <bullet> Establish a grenadier MRA of 8 percent.
    To require recordkeeping and reporting of grenadiers, this final 
rule adds a definition for grenadiers and revises the definition for 
non-allocated or nonspecified species at Sec.  679.2. This final rule 
also modifies regulations at Sec.  679.5 to require a vessel operator 
or manager in a BSAI or GOA groundfish fishery to record and report 
retained and discarded grenadier catch. NMFS notes that this regulation 
is expected to improve the collection of information on the catch and 
retention of grenadiers. Specifically, this regulation improves

[[Page 11899]]

the ability for NMFS to monitor the retention of grenadiers for use as 
bait, or in the unlikely event that grenadiers are retained for sale.
    This final rule modifies regulations in Table 2c to part 679 to add 
two grenadier species codes so that NMFS can track the retention of 
giant grenadiers and other grenadier species. This final rule removes 
grenadiers from Table 2d to part 679. Section 2 of the Analysis notes 
that nearly all grenadiers encountered in the groundfish fisheries are 
giant grenadiers; therefore, it is not necessary to establish more than 
two species codes for grenadiers (one for giant grenadiers and one for 
all other grenadier species) to provide the information necessary to 
adequately monitor grenadier catch.
    This final rule modifies Table 3 to part 679 to include PRRs for 
grenadiers of 100 percent for whole fish, 50 percent for headed and 
gutted fish, and 24.3 percent for fillets. These PRRs are established 
based on food science studies of grenadiers that estimated product 
recovery rates (see Section 2.2 of the Analysis for additional detail). 
In this final rule, NMFS also adds the standard PRRs to Table 3 of 17 
percent for meal, zero percent for infested or decomposed fish, and 100 
percent for discards for grenadiers. NMFS uses a standard PRR of 17 
percent for meal, zero percent for infested or decomposed fish, and 100 
percent for discards for all groundfish species. The proposed rule 
inadvertently omitted a row in Table 3 to part 679 that assigns these 
standard PRRs to grenadiers. This final rule corrects that 
administrative error in the proposed rule.
    These regulatory changes enable NMFS to collect data on the harvest 
and use of grenadier catch retained in the groundfish fisheries. The 
changes in recordkeeping and reporting, definition of grenadier species 
codes, and grenadier PRRs aid NMFS in determining if grenadiers become 
generally retained for sale or personal use, and provide the 
information needed in any potential future consideration to modify the 
designation of grenadiers in the FMPs as a ``stock in the fishery'' 
should a fishery for grenadiers develop.
    This final rule revises regulations at Sec.  679.20(i) and Sec.  
679.22(i) to prohibit directed fishing for grenadiers at all times in 
the BSAI and GOA groundfish fisheries. NMFS is prohibiting directed 
fishing as a precautionary measure to prevent groundfish fishermen from 
directed fishing for grenadiers without a clear and conscious decision 
by the Council and NMFS to provide that opportunity. This prohibition 
is consistent with the regulations for other EC species. NMFS prohibits 
directed fishing for forage fish and prohibits retaining or possessing 
prohibited species, except as provided under the Prohibited Species 
Donation Program. Prohibiting directed fishing prevents the development 
of an uncontrolled fishery on grenadiers in the absence of management 
measures.
    This final rule adds a grenadier incidental catch species MRA of 8 
percent to Table 10 to part 679 and Table 11 to part 679. The MRA is 
the percentage of the 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). An 8 percent MRA would allow 
vessels fishing for groundfish to retain a quantity of grenadiers equal 
to but no more than 8 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. The requirement to 
not exceed MRA proportions at any time during a trip limits the vessel 
operators' ability to maximize incidental catch of grenadiers.

Changes From the Proposed Rule

    NMFS made one change to Table 3 to part 679 to include standard 
PRRs for meal, infested or decomposed fish, and discarded fish. As 
explained above, these standard PRRs were inadvertently excluded from 
the proposed rule. NMFS made no changes to the final rule in response 
to comments.

Response to Public Comments

    NMFS received three letters of public comment during the public 
comment periods for Amendments 100/91 and the proposed rule. NMFS 
received letters from environmental organizations and a member of the 
public. NMFS summarized these letters into 17 separate comments, and 
responds to them below.
    Comment 1: Disapprove Amendments 100/91 because they violate the 
statutory requirements of the Magnuson-Stevens Act. The Magnuson-
Stevens Act states that the agency must prepare an FMP for each fishery 
that requires conservation and management. The EC species 
classification for grenadiers is not consistent with the Magnuson-
Stevens Act conservation and management requirements. Categorizing 
grenadiers as ``stocks in the fishery'' would better minimize bycatch.
    Disapprove Amendments 100/91 because they do not contain measures 
to minimize grenadier bycatch in the groundfish fisheries. Include a 
prohibited species catch (PSC) limit for grenadiers to limit groundfish 
fishing once that PSC limit is reached.
    Response: In approving Amendments 100/91, NMFS determined that 
these amendments comply with the statutory requirements of the 
Magnuson-Stevens Act. As explained in the preamble to the proposed 
rule, the Council and NMFS reviewed the available information and 
determined that grenadiers should not be classified as ``stocks in the 
fishery'' and that they do not require conservation and management 
under section 303(a) of the Magnuson-Stevens Act. As noted in this 
preamble, and the preamble to the proposed rule, the Council and NMFS 
determined that grenadiers meet all of the criteria for classification 
as an EC species consistent with National Standard 1 guidelines (Sec.  
600.310).
    NMFS notes that the Council can analyze and recommend, and NMFS can 
implement, any measures appropriate to address grenadier bycatch at any 
time and regardless of whether grenadiers are classified as ``stocks in 
the fishery'' or in the EC category. PSC limits are used to limit the 
total amount of incidental catch of BSAI crab, Chinook salmon, halibut, 
and herring in the groundfish fisheries. BSAI crab, Chinook salmon, 
halibut, and herring are in the EC category under the BSAI FMP and GOA 
FMP. PSC limits have been established for these species because they 
are economically and culturally valuable species that are harvested in 
other directed fisheries besides the groundfish fishery. PSC limits 
ensure that catch in the groundfish fisheries do not limit harvest 
opportunities in other fisheries, or risk conditions that could result 
in total catch exceeding established limits. These conditions do not 
apply to grenadiers. Grenadiers are not harvested in any directed 
fishery, and total catch is well below the estimated OFLs and ABCs, as 
noted earlier in this preamble. Amendments 100/91 and this final rule 
implement measures appropriate to limit the impact of groundfish 
fisheries on grenadiers and collect the fishery data necessary for the 
Council to assess whether additional measures to minimize bycatch are 
warranted.
    Comment 2: The Council and NMFS have not demonstrated and cannot 
demonstrate that the requisite factors for EC classification of 
grenadiers have been met.
    Response: Grenadiers meet the National Standard 1 guidelines 
factors that should be considered for EC classification (Sec.  
600.310(d)(5)). This preamble, the preamble to the proposed rule (79 FR 
27557, May 14, 2014), and Section 2 of the Analysis describe how

[[Page 11900]]

grenadiers meet the specific criteria for EC classification in the 
National Standard 1 guidelines.
    In summary, even though there are no restrictions on the catch of 
grenadiers now, grenadiers are not a targeted species group and are not 
generally retained for sale. No current market exists for grenadiers, 
and it is unlikely that one will be developed in the foreseeable 
future. Grenadiers are not generally retained for personal use, 
although a small portion of the total catch of grenadiers is known to 
be retained for use as bait in hook-and-line fisheries. The best 
available information indicates that grenadiers are not subject to 
overfishing, overfished, or approaching an overfished condition, and 
are not likely to become subject to overfishing or overfished in the 
absence of conservation and management measures. See response to 
Comment 4 for a more detailed response to the concern that grenadiers 
may be overfished. See response to Comment 5 for a more detailed 
response to the concern that grenadiers are experiencing overfishing.
    Comment 3: The Council did not heed expert advice when deciding not 
to include grenadiers as ``stocks in the fishery.'' The grenadier stock 
assessment authors, the Council's Scientific and Statistical Committee 
(SSC), the BSAI and GOA Groundfish Plan Teams, and members of the 
public made clear and repeated appeals that the grenadier stocks in 
Alaska require conservation and management. Managing grenadiers as 
``stocks in the fishery'' is consistent with those requests.
    Response: The Council and NMFS considered the recommendations in 
the grenadier stock assessment, and from the BSAI and GOA Groundfish 
Plan Teams, the SSC, and the public in developing Amendments 100/91 and 
this final rule. These recommendations are summarized below.
    The 2012 stock assessment (see ADDRESSES) recommended that 
grenadiers be categorized as ``stocks in the fishery'' because (1) 
giant grenadier are taken in large amounts as bycatch in commercial 
fisheries; (2) the potential exists for the future development of a 
targeted fishery on giant grenadier; and (3) they are slow growing and 
late to mature and therefore vulnerable to overfishing. The 2012 stock 
assessment also explains that an EC classification for grenadiers in 
the BSAI may be acceptable from a biological and management standpoint 
because giant grenadiers are very abundant in this area and catches 
have been relatively small relative to biomass, OFL, and ABC limits 
calculated in the stock assessment. Thus, the 2012 stock assessment 
concluded that overfishing of grenadiers in the BSAI is unlikely in the 
foreseeable future. The 2012 stock assessment also notes that catches 
could increase without endangering the stocks, and the recommended OFLs 
and ABCs appear to be sufficiently conservative to protect the stocks.
    The Council addressed the management concerns expressed in the 2012 
stock assessment in recommending Amendments 100/91 and this final rule. 
Importantly, the Council and NMFS recognize that the potential exists 
for the future development of a targeted fishery on grenadiers. 
Therefore, the Council recommended, and this final rule implements, a 
prohibition of directed fishing to prevent a target fishery on 
grenadiers. Prohibiting directed fishing on grenadiers also prevents 
overfishing because, under status quo, a directed fishery could occur 
at any time without any catch limits. The Council also addressed the 
analysis of grenadiers' vulnerability to overfishing. As shown in the 
2012 stock assessment, the amount of grenadier bycatch was far below 
the estimated OFL. Overfishing could only occur if catch increased 
dramatically with a directed fishery. The final rule's prohibition on a 
directed fishery addresses the potential vulnerability of grenadiers to 
overfishing.
    Further, the 2012 stock assessment identifies problems with leaving 
grenadiers as a nonspecified species. The 2012 stock assessment notes 
that under current management ``. . . there are no limitations on catch 
or retention, no reporting requirements, and no official tracking of 
grenadier catch by management.'' This final rule limits grenadier catch 
and limits grenadier retention, implements reporting requirements for 
grenadiers, and officially tracks grenadier catch by requiring the 
reporting of grenadier catch and the use of any retained grenadiers.
    In September 2013, NMFS staff presented a summary of a preliminary 
analysis to include grenadiers in the groundfish FMPs to the BSAI and 
GOA Groundfish Plan Teams. The BSAI and GOA Groundfish Plan Teams 
discussed whether any action is needed because grenadiers appear to 
lack any conservation concerns presently and there is no directed 
fishery or market for grenadiers. Minutes from the BSAI and GOA 
Groundfish Plan Teams are available on the Council's Web site at http://www.npfmc.org/wp-content/PDFdocuments/membership/PlanTeam/Groundfish/JOINT913minutes.pdf.
    Amendments 100/91 and this final rule are consistent with the BSAI 
Groundfish Plan Team's recommendation. The BSAI Groundfish Plan Team 
recommended that the Council consider adding grenadiers to the EC 
category under the BSAI FMP. The BSAI Groundfish Team's recommendation 
was based on the lack of a clear justification for inclusion as a 
``stock in the fishery'' (and subsequent inclusion under the 2 million 
mt optimal yield cap) given the economic costs to the BSAI groundfish 
fisheries (and the Nation) of foregone harvests in other, more valuable 
fisheries. The BSAI Groundfish Plan Team acknowledged that including 
grenadiers in the EC category and requiring the reporting of catch 
would be one way to improve data on retained catch and enhance fishery 
monitoring
    The GOA Groundfish Plan Team did recommend that the Council 
consider adding grenadiers to the GOA FMP as ``stocks in the fishery.'' 
The GOA Groundfish Plan Team's recommendation was based on the lack of 
required catch accounting and monitoring of the GOA grenadier catch 
under the status quo and lack of economic costs to the GOA groundfish 
fisheries by including grenadiers as ``stocks in the fishery.'' The GOA 
Groundfish Plan Team concluded that management as ``stocks in the 
fishery'' would allow grenadiers to be targeted if a market develops 
without the need for a further FMP amendment. Note that the lack of a 
potential economic cost to include grenadiers as ``stocks in the 
fishery'' in the FMP is not one of the factors that the Council or NMFS 
uses to determine if a stock requires conservation and management.
    Catch information on grenadiers is currently collected under the 
North Pacific Groundfish and Halibut Observer Program. This final rule 
would improve the data collection on grenadiers by requiring the 
reporting of grenadier catch from vessels that are not observed and 
requiring the reporting on the use of any retained grenadiers (e.g., 
retained as bait, or used as fish meal). Section 3.4.1 of the Analysis 
provides more detail on grenadier catch estimation.
    Amendments 100/91 and this final rule establish more precautionary 
management in the GOA than would result from the GOA Groundfish Plan 
Team's recommendation to manage grenadiers as ``stocks in the fishery'' 
in the GOA because this final rule prohibits directed fishing and the 
Council would need to amend the FMP before grenadiers could be targeted 
in a commercial fishery. If grenadiers were

[[Page 11901]]

managed as ``stocks in the fishery,'' a directed fishery could occur, 
and total catch could be greater than that possible under this final 
rule. NMFS notes that grenadiers would need to be managed as ``stocks 
in the fishery'' if they were generally retained for sale. However, 
there is no indication that a market for grenadiers exists now, or will 
develop in the foreseeable future. Therefore, managing grenadiers in 
the GOA as ``stocks in the fishery'' is not required at this time (see 
Section 3.4.4 of the Analysis for additional detail).
    In December 2013, the SSC reviewed the Analysis and made many 
recommendations that analysts addressed before Council final action in 
February 2014. The SSC did not recommend that grenadiers in either the 
BSAI or GOA be managed as ``stocks in the fishery.'' Amendment 100/91 
and this final rule are consistent with the SSC's expert advice. The 
SSC recommended that grenadiers not be added to the forage fish 
category because the life history of grenadiers (long life span, late 
maturation, slow growth rate) and their trophic position in the food 
web are not similar to species included in the forage fish category. 
Amendment 100/91 and this final rule do not add grenadiers to the 
forage fish category. The SSC minutes are available on the Council's 
Web site at http://www.npfmc.org/meeting-minutes/.
    Comment 4: NMFS cannot justify a conclusion, based on existing 
data, that grenadiers are not overfished or approaching an overfished 
condition. In the North Pacific groundfish fishery, overfished status 
for a specific stock is determined using that stock's minimum stock 
size threshold (MSST), which is defined as the level of biomass below 
which the stock or stock complex is considered to be overfished. In the 
Analysis, NMFS stated that it cannot establish an MSST for grenadiers, 
a Tier 5 stock. Without an estimate of MSST or reliable proxy 
measurement, it is impossible for NMFS to state with any confidence 
that the grenadier stock is not overfished or approaching an overfished 
status. Nonetheless, NMFS makes this claim and uses the claim to 
support the EC classification for grenadiers. Because this 
determination is not supported by sufficient data, this required factor 
for EC classification is not met.
    Response: National Standard 1 guidelines for status determination 
criteria, such as MSST, only apply to ``stocks in the fishery.'' 
Therefore, NMFS is not required to set an MSST for grenadiers as EC 
stocks. While NMFS does not have the information to define MSST for 
grenadiers, the conclusion that the stock is not overfished or 
approaching an overfished condition is supported by the available 
information.
    The Analysis uses the best available information to assess whether 
grenadiers are overfished or approaching an overfished condition. A 
stock is overfished when it is at low abundance. NMFS has abundance 
estimates for grenadiers using trawl survey data beginning in 1979 for 
the BSAI and beginning in 1984 for the GOA. NMFS also has abundance 
estimates from longline survey data beginning in 1996/1997 for the BSAI 
and beginning in 1992 for the GOA. Abundance estimates for grenadier 
are available in the 2014 stock assessment (see ADDRESSES). No evidence 
indicates that grenadiers in the BSAI or GOA are currently at low 
abundance compared to previous abundance estimates. In fact, in the 
BSAI, grenadier abundance estimates for 2015 are above the mean 
abundance estimated for the time series using the trawl and longline 
survey data. In the GOA, abundance estimates for 2015 are slightly 
below the mean abundance estimated for the time series.
    The SSC evaluates the amount of information available on each 
groundfish stock and assigns each stock to one of six fishery stock 
assessment tiers based on the quantity and quality of information 
available. Fisheries in the higher ranking tiers (e.g., Tiers 1, 2, and 
3) have more reliable and more complete information. Stocks with less 
reliable and less complete information are assigned to lower ranking 
tiers (e.g., Tiers 4 and 5), and stocks with only catch estimates are 
assigned to lowest ranking tier (Tier 6). Additional detail on the 
stock assessment process is provided in the annual Stock Assessment and 
Fishery Evaluation Reports prepared for the BSAI and GOA groundfish 
fisheries, available at: http://www.afsc.noaa.gov/refm/stocks/assessments.htm.
    The 2014 stock assessment suggests placing grenadiers in Tier 5 
based on the information available (see ADDRESSES). According to the 
FMPs, for Tiers 4 through 6, neither direct estimates of 
B<INF>MSY</INF> (biomass level necessary to support the maximum 
sustainable yield) nor reliable estimates of B<INF>MSY</INF> proxies 
are available. A reliable estimate of B<INF>MSY</INF> or a reliable 
estimate of a B<INF>MSY</INF> proxy is required in order to determine 
the MSST for a stock. Therefore, the MSST of stocks and stock complexes 
managed under Tiers 4 through 6 is undefined. Under the FMPs, 23 
``stocks in the fishery'' are also in Tiers 4 through 6. Classifying 
grenadiers as ``stocks in the fishery'' would not change the fact that 
neither direct estimates of B<INF>MSY</INF> nor reliable estimates of 
B<INF>MSY</INF> proxies are available and MSST would remain undefined.
    Comment 5: Conservation and management measures are required to 
prevent overfishing of grenadiers. Grenadier stocks are especially 
vulnerable to deleterious fishing effects due to their longevity and 
slow rate of reproduction. NMFS' determination that grenadiers are not 
currently subject to overfishing is unsupported by reliable information 
or data. The Council evaluates whether a stock in the groundfish 
fishery is subject to overfishing by evaluating whether catch exceeds 
the OFL.
    Grenadiers are a Tier 5 stock due to the lack of biological 
information. For Tier 5 stocks, the Council's SSC sets OFL using 
estimates of the current biomass based on the average of the last three 
trawl surveys conducted. A Center for Independent Experts (CIE) review 
evaluated the methods for assessing Tier 5 stocks and concluded that 
current methods of implementing a Tier 5 assessment for non-target 
species are poor (Cieri, M., et al., 2013 CIE Review of Non-Target 
Species Stock Assessments in the BSAI and GOA). This conclusion is 
based in large part on the use of trawl survey biomass to estimate 
absolute abundance: These surveys may not cover the entire distribution 
of a stock, and reviewers were particularly concerned with the 
extrapolation of trawl survey densities to untrawlable ground. With 
regard to grenadiers specifically, one reviewer stated that the 
grenadier biomass estimates are unreliable, as they assume that trawl-
survey biomass indices are absolute biomass estimates (and the Aleutian 
Islands estimates are based on an unreliable extrapolation). Another 
reviewer found it was not realistic to estimate absolute biomass for 
grenadiers with reasonable accuracy.
    Because the current biomass estimates for grenadiers are not 
defensible, any OFL calculated based on these estimates is similarly 
unreliable. As a result, NMFS' determination that grenadiers are not 
subject to overfishing is not grounded in reliable information, and the 
agency's use of this determination to support the EC classification is 
inappropriate.
    Response: NMFS' conclusion that overfishing of grenadiers is not 
occurring is supported by the best scientific information available, as 
explained in Section 3.3 of the Analysis. NMFS has been conducting a 
stock assessment for grenadiers since 2006. At present, stock 
assessment information

[[Page 11902]]

for giant grenadier is relatively good compared to many other non-
target species in Federal waters off Alaska. Since 2010, the stock 
assessment has been used to estimate an ABC and an OFL, using the best 
available estimates of biomass and natural mortality. The stock 
assessment uses giant grenadier as a proxy for the other grenadier 
species, and the estimated ABC and estimated OFL are based on giant 
grenadier because relatively few other grenadier species are caught in 
the groundfish fisheries or are taken in NMFS surveys. NMFS estimates 
the incidental catch of grenadiers in the groundfish fisheries using 
observer data.
    Total catch of grenadiers is far below the estimated grenadier OFL 
in both the BSAI and the GOA and NMFS is confident that grenadiers are 
not subject to overfishing. Overfishing occurs when catch exceeds the 
OFL.
    According to the 2014 stock assessment (see ADDRESSES), NMFS 
estimates that the BSAI grenadier OFL is 100,365 mt (211 million lb.) 
and grenadier catch is 5,320 mt (11.7 million lb., mean catch for 2003 
through 2013). Estimated catch of grenadiers in the BSAI represents 
approximately 5 percent of the estimated OFL.
    According to the 2014 stock assessment (see ADDRESSES), NMFS 
estimates that the GOA grenadier OFL is 40,921 mt (90 million lb.) and 
grenadier catch is 8,769 mt (19 million lb., mean catch for 2003 
through 2013). Estimated catch of grenadiers in the GOA represents 
approximately 21 percent of the estimated OFL.
    The issues raised by the CIE review and noted by the comment are 
applicable to all Tier 5 stocks and are being addressed by stock 
assessment authors through the annual BSAI and GOA Groundfish Plan 
Teams and the annual groundfish harvest specifications process. While 
NMFS and the Council continually work to improve the quality of the 
stock assessments, NMFS and the Council use the best scientific 
available information to assess the status of stocks. Under the FMPs, 
14 stocks are in Tier 5 and 9 stocks are in Tier 6 (Tier 6 is for 
stocks with less biological information than Tier 5). These Tier 5 and 
Tier 6 stocks are all ``stocks in the fishery,'' and the SSC uses the 
Tier 5 and Tier 6 stock assessment information to set OFLs and ABCs for 
these stocks. If grenadiers were placed as ``stocks in the fishery,'' 
the Tier 5 stock assessment would continue to be used to set a 
grenadier OFL until a Tier 4 stock assessment is approved by the SSC.
    The problems with estimating grenadier biomass cited in the comment 
indicate that the stock assessments for Tier 5 stocks could either 
overestimate the OFL or underestimate the OFL. The CIE review also 
concluded that NMFS was overly precautionary in determining model 
parameters in the face of uncertainty for all Tier 5 stocks. In other 
words, NMFS' estimates of model parameters are more conservative than 
necessary based on available data and likely result in an underestimate 
of abundance.
    Comment 6: NMFS stated in the notice of availability that 
grenadiers are not likely to become subject to overfishing or 
overfished in the absence of conservation and management. The Analysis, 
however, indicates that NMFS never evaluated the likelihood of 
grenadiers to be overfished or subject to overfishing but, instead, 
reserved that analysis for future studies. NMFS likely cannot justify a 
conclusion that grenadiers are not likely to become subject to 
overfishing or overfished in the absence of conservation and 
management. Various life history characteristics of grenadiers make the 
stock particularly vulnerable to existing fisheries. If conservation 
and management measures are not taken to reduce fishing pressure on 
grenadiers, it is likely the species will become overfished or subject 
to overfishing.
    Response: The best available scientific information does not 
suggest that grenadier catch levels are likely to cause grenadiers to 
become overfished or subject to overfishing. Section 3.5 of the 
Analysis uses the best available information to analyze whether 
grenadiers are likely to become subject to overfishing or overfished, 
in the absence of conservation and management measures.
    The comment seems to refer to a footnote in Section 2.2 of the 
Analysis that addressed a comment made by the SSC that requested 
analysts to better explain the term ``likely'' with respect to the 
future potential for an EC species to be found subject to overfishing 
or overfished. A more complete discussion of the SSC's comment and 
changes made to the Analysis to address the comment are in Section 2.4 
of the Analysis. Section 2.4 of the Analysis explains that, in the 
future, the Council can assess whether to re-classify grenadiers and 
manage them as ``stocks in the fishery.'' The National Standard 1 
guidelines explain that a fishery management council should monitor the 
catch on a regular basis to determine if the stock is appropriately 
classified in the FMP (50 CFR 600.310(d)(6)). This final rule 
implements the reporting requirements necessary to monitor the catch 
and retention of grenadiers. Section 2.4 of the Analysis explains that 
future analyses could compare the trend of grenadier catch with trends 
in biomass estimates to determine whether grenadier catch is increasing 
relative to biomass in a way that suggests that catch may be exceeding 
the OFL estimate. If overfishing appeared ``likely,'' based on these 
trends, then this criterion for listing grenadiers as an EC species in 
the FMPs may no longer be met and reclassification may be appropriate.
    Comment 7: Stock assessment scientists from the Alaska Fisheries 
Science Center have analyzed the potential vulnerability of Alaska 
grenadiers to overfishing. The vulnerability scores for grenadiers 
based on productivity and susceptibility to fishery impacts are similar 
to species that are currently managed in the fishery, such as Pacific 
cod and pollock. As a result, the scientists recommended that 
grenadiers be included as a ``stock in the fishery.''
    A more recent study found that grenadiers were susceptible to 
fishery impacts and may be even more vulnerable than previous results 
indicate. For example, if a species is not targeted by the fishery but 
taken as bycatch, the relevant susceptibility attribute is ranked 
lightly exploited. This ranking is obviously inappropriate for species 
like grenadiers that are not targeted but experience high bycatch and 
nearly 100 percent bycatch mortality. These analyses illustrate the 
potential of grenadiers to become overfished if current fishing 
practices continue.
    Response: Potential vulnerability to overfishing and scientific 
uncertainty is the primary reason the Council and NMFS considered 
adding grenadiers to the FMPs. Amendments 100/91 and this final rule 
include grenadiers in Federal groundfish management and provide 
management measures necessary to ameliorate the potential vulnerability 
of grenadiers to overfishing. The recordkeeping and reporting 
requirements established by this final rule will improve data 
collection on grenadiers. The prohibition on directed fishing and the 
MRA for grenadiers as an incidental catch species in this final rule 
will limit grenadier catch. Grenadiers will be less susceptible to 
overfishing because incidental catch will be restricted and directed 
catch will be prohibited. These measures are in sharp contrast to the 
status quo conditions that do not preclude a directed fishery and do 
not limit the amount of allowable retained incidental catch. In 
addition, this final rule will improve catch estimation by requiring 
the reporting of grenadier catch that is

[[Page 11903]]

retained. This information can aid managers in determining whether 
grenadiers are being retained and if a market is being developed. The 
regulations implemented by this final rule will help improve 
information about grenadier harvests and prevent unmanaged directed 
fisheries for grenadiers.
    The vulnerability analysis cited in this comment was prepared by 
NMFS in 2009 for a number of Alaska stocks and stock complexes, 
including giant grenadier, and presented the results in Appendix 3 to 
the 2009 SAFE report (available at http://www.afsc.noaa.gov/refm/stocks/2009_assessments.htm). The vulnerability analysis does not 
indicate the potential of grenadiers to become overfished if current 
fishing practices continue. The vulnerability analysis compares two 
main features of a stock that influence its vulnerability to fishing: 
Productivity, which determines a population's natural capacity for 
growth and its resilience to fishery impacts; and susceptibility, which 
indicates how severe those fishery impacts are likely to be for the 
population. This analysis does not look at whether overfishing is 
occurring or likely to occur given the current harvest amounts relative 
to estimated biomass. When total catch of grenadiers is compared to 
total biomass, the estimated OFL, or the estimated ABC, it is clear 
that grenadiers are not currently subject to catch rates that require 
conservation and management.
    Nevertheless, with this action, the Council and NMFS have adopted a 
precautionary approach to management. The potential vulnerability to 
overfishing if an unregulated fishery for grenadiers develops was one 
of the reasons the Council recommended, and this final rule implements, 
a prohibition on directed fishing. A prohibition on directed fishing is 
designed to prevent unregulated harvest from increasing to the point 
that could result in overfishing.
    NMFS notes that the primary recommendation in the second study 
cited by the comment was to monitor and report bycatch and discard 
amounts because knowledge of bycatch and discard is essential for 
understanding the nature of the fishery impacts on grenadiers and for 
assessing populations in the future. This final rule meets the 
objective of that recommendation.
    Comment 8: Regular stock assessments for grenadiers are necessary 
and required in order to determine whether overfishing is occurring or 
the stock is overfished. The proposed rule provides no assurance that 
NMFS will assess the status of the grenadier stock to determine whether 
overfishing is occurring on the stock or whether the stock is 
overfished. While the Council recommendation provided encouragement to 
conduct informal stock assessments, there is nothing compelling NMFS to 
do so. NMFS' lack of investment in the data that would help define key 
stock assessment parameters relegates grenadiers to a Tier 5 stock. 
There appears to be little incentive for NMFS to improve stock 
assessments for grenadiers, or for that matter, any Tier 5 stocks in 
the FMPs. The proposed rule must also include a requirement and a 
timeline with which to regularly assess the risk of overfishing and 
overfished status of the grenadier stock.
    Response: The National Standard 1 guidelines explain that a fishery 
management council should monitor catch on a regular basis to determine 
if a stock is appropriately classified in the FMP (50 CFR 
600.310(d)(6)). Section 2.2 of the Analysis explains that NMFS and the 
Council will monitor grenadiers as new, pertinent scientific 
information becomes available. If information indicates that grenadiers 
should be reclassified, an FMP amendment would be required to move 
grenadiers to ``stocks in the fishery.''
    The Council and NMFS do not prioritize stock assessment work 
through regulations. This final rule implements regulations for 
participants in the groundfish fisheries. The Council and NMFS are 
continually assessing the data and scientific methods used for stock 
assessment. The SSC places stocks in tiers based on the best available 
scientific information using the tier system in Section 3.2.3.2 of the 
FMPs. Twenty three ``stocks in the fishery'' are in Tier 5 in the FMPs. 
Classifying grenadiers as ``stocks in the fishery'' would not move the 
stocks out of Tier 5.
    Comment 9: A failure to classify grenadiers as ``stocks in the 
fishery'' would be contrary to obligations under the United Nations 
Agreement for the Implementation of the Provisions of the United 
Nations Convention on the Law of the Sea of 10 December 1982, relating 
to the Conservation and Management of Straddling Fish Stocks and Highly 
Migratory Fish Stocks (the Agreement). Inclusion of grenadiers as 
``stocks in the fishery'' is necessary to ensure the long-term 
sustainability of grenadiers in the North Pacific, to maintain and 
restore the deep-sea ecosystem, to preserve future potential uses for 
those deep-sea resources, and to minimize waste from bycatch. Further, 
because of the important ecological role of grenadiers in the deep-sea 
ecosystem, conservation and management measures must be put in place to 
protect biodiversity in the marine environment. The EC classification 
is contrary to the precautionary approach required in the Agreement. 
NMFS must be more cautious with regard to management because there is 
so little reliable information regarding the status of grenadier 
stocks. Using the precautionary approach would mean implementing 
measures that could effectively conserve and maintain grenadier 
populations to ensure long-term sustainability.
    Response: Classifying grenadiers as ``stocks in the fishery'' is 
not more precautionary than classifying grenadiers in the EC category. 
``Stocks in the fishery'' are target stocks subject to directed 
fisheries that can harvest up to the total allowable catch (TAC) 
established for that stock. For stocks in the EC category, NMFS 
prohibits directed fishing. Prohibiting directed fishing is more 
precautionary than establishing a TAC and allowing directed fishing. 
Therefore, Amendments 100/91 and this final rule are necessary to 
ensure the long-term sustainability of grenadiers in the North Pacific.
    Classifying grenadiers as ``stocks in the fishery,'' as suggested 
in the comment, would not, on its own, ensure the long-term 
sustainability of grenadiers in the North Pacific, maintain or restore 
the deep-sea ecosystem, preserve future potential uses for those deep-
sea resources, or minimize waste from bycatch. Any specific management 
measures to address these concerns would be measures for the groundfish 
fisheries to reduce their impacts on grenadiers. The comment did not 
provide any specific measures that would be more precautionary than 
those implemented in this final rule.
    Additionally, the Council and NMFS considered grenadier's role in 
the ecosystem. Section 3.7 of the Analysis describes the current state 
of research and understanding about the ecological importance of 
grenadiers. For example, giant grenadiers have an important ecological 
role as apex predators. Apex predators reside at the top of their food 
chain and have few to no predators of their own. In bottom trawl 
surveys conducted by NMFS in the Bering Sea and the GOA, giant 
grenadiers are the most abundant fish, in terms of weight, in depths 
from 600 to 3,000 feet (183 to 914 meters). Giant grenadiers extend 
much deeper than 3,000 feet (914 meters). While grenadiers have been 
caught deeper than 6,000 feet (1,829 meters), little is known about 
their

[[Page 11904]]

abundance in waters deeper than 3,000 feet, because neither the NMFS 
surveys nor fishing effort presently extend below this depth. However, 
the best scientific information available clearly indicates that catch 
of grenadiers represents only a small portion of the total estimated 
biomass, and a small proportion of the estimated ABCs and OFLs.
    Comment 10: While there is not currently a target market for 
grenadiers in the North Pacific, it is quite possible such a market 
could develop in the future. Grenadier meat is high in protein and 
lipids, which makes it desirable as a potential dietetic food. Further, 
grenadier livers have a large relative weight and contain many vitamins 
and fat, and their eggs are large, with a bright orange color and good 
gustatory quality. As a result of these qualities and the high amounts 
of grenadier catch, research to develop marketable products from this 
species is ongoing, and it is likely Alaskan fishermen will continue 
their efforts at utilizing this species. If a target market were to 
develop for grenadiers, the problems associated with overfishing would 
be greatly exacerbated.
    Response: NMFS agrees that a market for grenadiers in the North 
Pacific could develop in the future. Concern over the potential for an 
unregulated fishery for grenadiers was one of the main reasons the 
Council recommended and NMFS is implementing Amendments 100/91 and this 
final rule as a precautionary management measure. With this action, 
NMFS is prohibiting directed fishing for grenadiers and limiting the 
amount of grenadiers that can be retained as incidental catch in 
groundfish fisheries through implementation of an 8 percent MRA. 
Additionally, the recordkeeping and reporting requirements implemented 
with this final rule will provide the data necessary to determine if 
fishermen retain grenadiers for bait or processing for sale. Without 
this action, there would be no constraints on any potential future 
grenadier fishery.
    Comment 11: NMFS and the Council set PSC limits in the groundfish 
fishery for other species in the EC category, such as Chinook salmon 
and Pacific herring. At a minimum, the proposed rule must establish 
substantive measures, like PSC limits, that will minimize the current 
levels of grenadier bycatch occurring in the groundfish fishery.
    Response: Under the GOA FMP and BSAI FMP, PSC limits are a 
management tool for species in the EC category. PSC limits are not set 
for stocks classified as ``stocks in the fishery'' in the FMP. See 
response to Comment 1 for more detail on PSC limits.
    Additionally, the comment requests NMFS add new regulations that 
have not been analyzed or recommended by the Council. NMFS cannot add 
regulations to a final rule that will have substantive impacts on 
fisheries without following National Environmental Policy Act, 
Executive Order 12866, the Regulatory Flexibility Act, and the 
Administrative Procedure Act. Nothing in the final rule conflicts with 
or precludes development and analysis of additional regulations in a 
subsequent future action. The increased recordkeeping and reporting 
requirements in this final rule will provide more information to 
decision makers on grenadier bycatch. If additional information 
indicates that additional management measures would be appropriate, the 
Council would assess PSC limits or other appropriate management 
measures.
    Comment 12: Amendments 100/91 and the proposed rule will do nothing 
to limit fishery impacts because they do not address or reduce the 
current bycatch levels to the extent practicable. Prohibiting directed 
fishing of a species for which, at present, there is no directed 
fishery in the waters off Alaska does nothing to address the current 
source of mortality, which is bycatch. Limiting the amount of 
grenadiers that may be retained after they are caught has no effect on 
bycatch, especially when the MRA exceeds the current rate of retention. 
In fact, the MRA under the proposed rule is set at 8 percent, which 
will allow groundfish fisheries to retain up to 440 million pounds of 
grenadier, an order of magnitude more than current annual bycatch 
levels of 34 million pounds.
    Response: Amendments 100/91 and this final rule are necessary to 
limit the impacts of the groundfish fisheries on grenadiers. Amendment 
100/91 and this final rule accomplish the purpose and need for this 
action and additional measures are not necessary at this time to meet 
the purpose and need. The purpose and need for Amendment 100/91 and 
this final rule are as follows:

    Grenadiers are not included in the BSAI or GOA groundfish FMPs. 
There are no limits on their catch or retention, and no reporting 
requirements. However, grenadiers are taken as bycatch, especially 
in longline fisheries; no other Alaskan groundfish has similar 
levels of catches that is not included in the FMPs. Inclusion in the 
groundfish FMPs would provide for precautionary management of the 
groundfish fisheries by, at a minimum, recording the harvest of 
grenadiers and placing limits on their harvest.

    Currently, there are no restrictions on how many grenadiers can be 
retained in the groundfish fisheries. This final rule prohibits 
directed fishing to limit grenadier catch and implements an MRA of 8 
percent for groundfish fishing vessels to constrain incidental 
harvests. NMFS has no indication that grenadier retention through 
incidental harvests is likely to increase beyond current levels, given 
the lack of any market for grenadiers, and therefore no economic 
incentive to retain grenadiers.
    NMFS disagrees with the comment's assertion that up to 440 million 
pounds of grenadiers could be retained under this final rule. It 
appears that the comment calculated that up to 440 million pounds of 
grenadiers could be retained by summing the TACs of all groundfish 
species in the BSAI and GOA and multiplying that amount by 8 percent. 
This is inaccurate for several reasons. First, grenadiers are not 
caught in all groundfish fisheries. Grenadiers occur in deep water and 
are not encountered in many fisheries. In the GOA, grenadiers are 
primarily caught in the deep-water trawl (i.e., arrowtooth flounder and 
rex sole trawl fisheries) and some hook-and-line groundfish fisheries 
(i.e., sablefish). In the Aleutian Islands, grenadiers are primarily 
caught in the sablefish fishery. In the Bering Sea, grenadiers are 
primarily caught in the Greenland turbot fishery. Calculating 8 percent 
of the total BSAI and GOA groundfish TACs and assuming that all vessels 
in all fisheries will harvest up to that amount of grenadiers is not 
realistic. See Sections 3.4.2 and 3.4.3 of the Analysis for a complete 
discussion of the bycatch of grenadiers in the different groundfish 
fisheries (see ADDRESSES).
    Second, MRAs apply at the vessel and fishing trip level. The 8 
percent MRA allows a vessel operator fishing for groundfish to retain a 
quantity of grenadiers equal to but no more than 8 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. The requirement to not exceed MRA proportions at any time during 
a fishing trip limits the vessel operator's ability to maximize catch 
of grenadiers. The estimate provided in the comment assumes that all 
vessels, on each fishing trip, catch grenadiers and will retain up to 
the maximum amount of grenadier catch. For the reasons described, this 
will not occur.
    The Council considered a MRA range of 2 percent to 20 percent, 
ultimately choosing an 8 percent grenadier MRA. The 8 percent MRA is 
not likely to substantially increase the incentive for

[[Page 11905]]

vessels to retain grenadiers relative to a lower MRA percentage (e.g., 
2 percent), but would limit the amount of incidental catch more 
conservatively than a higher MRA percentage (e.g., 20 percent). The 
Council selected an 8 percent MRA to accommodate the current amount of 
grenadiers incidentally caught by individual vessels. Section 2.2 of 
the Analysis notes that a de minimus amount of grenadiers are retained 
in the BSAI, and only 0.1 percent of all groundfish fishing trips in 
the GOA would be expected to meet or exceed an MRA of 8 percent. 
Retention of grenadiers in the BSAI is less than 0.1 percent of all 
groundfish fishing trips. Therefore, an MRA of 8 percent would be 
expected to accommodate all current fishing practices and, if a market 
should develop, this MRA would limit the potential retention of 
grenadiers until the Council and NMFS could develop measures to manage 
a grenadier fishery.
    Finally, it is highly unlikely that vessels would catch the maximum 
MRA on more than 0.1 percent of all groundfish fishing trips. It is not 
economical for vessel operators to do so because it would take valuable 
time and effort for vessels to find grenadiers to ``top off'' their 
catch.
    This final rule also increases monitoring of grenadier catch, and 
NMFS will add grenadiers to weekly catch reports posted on the NMFS 
Alaska Region Web page at http://alaskafisheries.noaa.gov/sustainablefisheries/catchstats.htm. This information will provide the 
Council, NMFS, and the public the information needed to determine if 
increased retention of grenadiers is occurring. The Council and NMFS 
will review this information and consider additional management 
measures, if appropriate.
    Comment 13: Including grenadiers as ``stocks in the fishery'' would 
necessitate the establishment of an OFL, ABC, and TAC each year in the 
annual harvest specifications process. If a grenadier TAC was set below 
the current bycatch level, bycatch would be reduced. The grenadier TAC 
would count in the calculation of total TAC under the optimum yield 
(OY) cap.
    The OY cap is a binding constraint on the BSAI groundfish fisheries 
that limits the total TACs of all groundfish fisheries in the BSAI 
managed as ``stocks in the fishery'' to no more than 2 million mt. In 
most years, the total TACs of all groundfish fisheries in the BSAI sum 
to 2 million mt. This means that the Council and NMFS would need to 
``fund'' a grenadier TAC in the BSAI by reducing the TAC in one or more 
BSAI groundfish fisheries so that the 2 million mt limit is not 
exceeded. The potential reduction of a TAC for one or more BSAI 
groundfish fisheries will incentivize reduction of grenadier bycatch in 
the BSAI so that the grenadier TAC can be set as low as possible and 
not limit the TACs set for other fisheries.
    Response: NMFS agrees that the BSAI OY cap requires that the sum of 
the groundfish TACs in the BSAI cannot exceed 2 million mt (see 50 CFR 
679.20(a)(1)). The response to Comment 2 explains that the Council and 
NMFS determined that grenadiers meet the criteria for the EC category, 
and assigning grenadiers to the EC category would preclude the 
development of a directed fishery that could increase catch of 
grenadiers. The comment's suggested approach would be less conservative 
and could result in an increase in grenadier catch in a directed 
fishery with a TAC.
    The comment seems to suggest that, in the BSAI, grenadiers should 
be classified as ``stocks in the fishery'' so that a grenadier TAC 
would be set at a level below the current grenadier catch as a way to 
constrain bycatch. This is inconsistent with the management of 
fisheries classified as ``stocks in the fishery'' and the TAC setting 
process for Tier 5 stocks. According to the BSAI FMP, a specific TAC is 
established annually for each target species or species assemblage. The 
FMP defines target species as those species that support either a 
single species or mixed species target fishery, are commercially 
important, and for which a sufficient data base exists that allows each 
to be managed on its own biological merits. Grenadiers are not a target 
fishery. As a Tier 5 stock, the grenadier TAC would be set following 
the harvest specifications process, and, given the stock's ABC, the TAC 
could be set much higher than current bycatch. Managing grenadiers as 
``stocks in the fishery'' and establishing a TAC for grenadiers would 
provide for a directed fishery. As long as the TAC has not been, or is 
not likely to be exceeded, NMFS would not constrain catch of grenadiers 
whether retained or discarded. This would not result in a reduction of 
grenadier catch as suggested in the comment.
    NMFS disagrees with the comment's assumption that managing 
grenadiers as ``stocks in the fishery'' will ``force'' harvesters to 
minimize their catch of grenadiers so that a lower TAC for grenadiers 
may be established and provide more TAC for non-grenadier species 
within the 2 million mt OY cap. As stated in response to Comment 12, 
grenadiers are not encountered in many fisheries and are encountered in 
very limited amounts in some fisheries (e.g., Bering Sea pollock). 
Therefore, NMFS expects that limiting the TAC of most groundfish 
fisheries would not result in a reduction of grenadier catch or in the 
amount of grenadier catch that is discarded because there is no market. 
NMFS expects that constraining the TAC of other groundfish fisheries 
would not minimize grenadier bycatch to the extent practicable as 
required by the Magnuson-Stevens Act.
    Comment 14: The Council's decision to classify grenadiers as an EC 
species appears to be motivated by a desire to avoid consequences for 
existing fisheries subject to the 2 million mt OY cap in the BSAI. 
Originally, the effort to evaluate grenadier stocks was motivated by a 
desire to address conservation concerns in the grenadier fishery. 
Beginning in 2008, the BSAI and GOA Groundfish Plan Teams and the SSC 
strongly encouraged the Council to manage grenadiers as ``stocks in the 
fishery,'' stressing the issue should be a priority, based largely on 
concerns over bycatch and vulnerability of the species. Initial 
preliminary assessments prepared by NMFS also emphasized the 
conservation and management concerns associated with grenadier stocks. 
However, after analyzing the potential consequences to the existing 
groundfish fisheries, the Council deemphasized conservation concerns, 
and instead focused on classifying grenadiers as an EC species. This 
conclusion is unlawful. National Standards 1 and 9 require that 
necessary and practicable bycatch measures must be implemented, even if 
that results in a downward adjustment of OY.
    When read together, National Standards 1 and 9 in the Magnuson-
Stevens Act require that necessary and practicable bycatch measures 
must be implemented, even if that results in a downward adjustment of 
OY. As spelled out in the Magnuson-Stevens Act, yield is optimal when 
it takes into account protection of marine ecosystems and any relevant 
ecological factor. These same considerations require reducing grenadier 
bycatch because they have an important ecological role.
    Response: NMFS disagrees with the comment for the following 
reasons. First, there is no grenadier fishery. As noted in the preamble 
to this rule, markets for grenadiers have not developed and the 
available data do not indicate significant retention of grenadiers for 
personal use as bait.
    Second, comments made prior to 2009 did not consider the amendments 
to the Magnuson-Stevens Act establishing ACLs and AMs, or the National 
Standard 1 guidelines establishing the

[[Page 11906]]

EC category published in 2009 (74 FR 3178, January 16, 2009). See the 
response to Comment 3 for a summary of the recommendations of the 
Groundfish Plan Teams and SSC for Amendments 100/91.
    Third, in 2010, the Council recommended and NMFS removed the 
nonspecified species category from the FMPs when the FMPs were revised 
to meet Magnuson-Stevens Act requirements for ACLs and AMs under 
Amendments 96/87 to the FMPs (75 FR 61639, October 6, 2010). The 
nonspecified species, including grenadiers, were removed from the FMPs 
because these species were too poorly understood to set ACLs and AMs or 
to develop a management regime. The Council also initiated an analysis 
to consider moving grenadiers back into the FMPs in 2010. In June 2012, 
the Council reviewed the first discussion paper that explored two 
alternatives for grenadiers, classifying them either as ``stocks in the 
fishery'' or as an ``ecosystem component.'' That discussion paper also 
identified the primary concerns that apply to grenadiers; grenadiers 
have no limits on their catch or retention, no reporting requirements, 
and no official record of their catch. These concerns were reiterated 
when the Analysis was revised and improved between 2012 and February 
2014 when the Council took final action. The Analysis analyzes 
potential economic impacts to fishery participants in compliance with 
Executive Order 12866 and the Regulatory Flexibility Act.
    Fourth, when the Council recommended Amendments 100/91, the Council 
emphasized conservation concerns in classifying grenadiers as an EC 
species. Amendments 100/91 and this final rule directly address 
concerns of groundfish fishery impacts on grenadiers. Amendments 100/91 
and this final rule limit grenadier catch and retention and require 
reporting for an official record of grenadier catch.
    Fifth, NMFS considered the potential vulnerability of grenadiers 
from the groundfish fisheries as it developed this action as described 
in response to Comment 7.
    Finally, Amendments 100/91 and this final rule comply with the 
Magnuson-Stevens Act, including the 10 National Standards. The Council 
and NMFS considered the best available information on the total biomass 
of grenadiers as well as the total catch of grenadiers. As described in 
this preamble and the Analysis, total catch of grenadiers represents 
only a small proportion of the estimated biomass of grenadiers, OFLs, 
and ABCs in the BSAI and GOA. This final rule prohibits the directed 
fishing for grenadiers and improves the monitoring of grenadier catch 
to ensure that total catch of grenadiers will not adversely affect 
grenadiers. Additional measures to limit the total catch of grenadiers 
are not required at this time to comply with the requirements of 
National Standard 1 or National Standard 9.
    Comment 15: Conservation and management measures are needed in 
order to maintain the grenadier stock and the deep-sea environment. 
Grenadier bycatch threatens to cause irreversible or long-term adverse 
effects both on grenadier resources and the marine ecosystem. The 
environmental effects of this bycatch may change the ocean environment 
in ways that would decrease the options available with respect to 
future uses of deep-sea or other marine resources. Thus, grenadier 
stocks are in need of conservation and management and should be managed 
in the fishery, as required by the Magnuson-Stevens Act. Grenadier 
bycatch constitutes a major input of dead organic material to the 
ecosystem that would not otherwise be there and could have unintended 
consequences for the environment.
    Response: As stated in previous responses to comments, including 
grenadiers as ``stocks in the fishery'' would not be expected to result 
in less catch than the amount currently occurring, and could result in 
more catch than is permitted under this final rule because this final 
rule prohibits directed fishing for grenadiers. Section 3.7.2 of the 
Analysis discusses the impacts of the alternatives on the ecosystem and 
notes that total catch of grenadiers represents a small proportion of 
the total grenadier biomass and that most commercial fisheries do not 
occur at depths where grenadiers are known to occur. The comment does 
not provide any specific comments on how managing grenadiers as 
``stocks in the fishery'' would reduce potential impacts on the deep 
sea ecosystem more than the management measures implemented under this 
final rule. Section 3.7.2 of the Analysis also discusses the impacts of 
the input of dead organic material.
    Comment 16: By weight, bycatch of grenadiers is among the worst 
problems in Alaska. The average catch of grenadiers is nearly 20 
percent of the total bycatch in Alaska. In 2010, out of a total of 573 
fish stocks nation-wide with reported bycatch estimates, there were 
only three other species that suffered more bycatch than grenadiers: 
Arrowtooth flounder in Alaska, Atlantic croaker in the Southeast, and 
sea scallops in the Northeast. All of these species, except for 
grenadier, are actively managed in a fishery through a fishery 
management plan.
    Response: NMFS disagrees. Grenadier bycatch is not one of the worst 
problems in the fisheries off Alaska. As explained earlier in this 
preamble, catch of grenadiers, including the bycatch of grenadiers, 
represents a small proportion of the known biomass of grenadiers. 
Grenadiers are not subject to a directed fishery. A large proportion of 
the grenadier catch is discarded as bycatch because the flesh is 
unpalatable and no market for grenadiers exists.
    Bottom trawl surveys have shown giant grenadier to be the most 
abundant species at depths 200 m to 1,000 m on the continental slope of 
the GOA, eastern Bering Sea, and Aleutian Islands (see Section 3.7.1 of 
the Analysis). The average biomass from the last three surveys is 
553,557 mt in the eastern Bering Sea, 598,727 mt in the Aleutian 
Islands, and 597,884 mt in the GOA. And, as explained in Section 3.3.2 
of the Analysis, NMFS likely underestimates grenadier biomass for a 
number of reasons, including that grenadiers are abundant in waters 
deeper than where NMFS surveys are conducted and grenadiers may be 
unavailable to bottom trawls during feeding because they move into the 
water column.
    Average catch of grenadiers from 2003 through 2013 in the BSAI 
constitutes only 0.4 percent of the estimated grenadier biomass. 
Average catch of grenadiers from 2003 through 2013 in the GOA 
constitutes only 1 percent of the estimated grenadier biomass. Although 
the total tonnage of grenadiers caught and discarded as bycatch is 
higher than other species, it represents only a small proportion of the 
total biomass of grenadiers. Managing grenadiers as ``stocks in the 
fishery'' would not address the primary reason that grenadiers are 
discarded as bycatch--the fish is unpalatable and no market exists.
    Comment 17: Grenadier bycatch in the sablefish fishery greatly 
exceeds 5 percent of the catch, and in some years, even exceeds the 
catch of sablefish. The Marine Stewardship Council certification of 
sablefish may be in jeopardy during the next annual audit. In order to 
retain Marine Stewardship Council certification, the sablefish fishery 
may have to develop and execute an action plan to address the bycatch 
problem in the fishery. Changing the definition of grenadier from 
bycatch to ecosystem component within the FMP does not change the 
obligation of the sablefish fishery to reduce bycatch under the Marine 
Stewardship Council.

[[Page 11907]]

    Response: Including grenadiers in the EC category in the FMPs does 
not change the fact that grenadiers are bycatch in the sablefish 
fishery. The process that the Marine Stewardship Council uses to 
certify the sablefish fishery is an activity undertaken by a private 
entity and is outside the scope of this action. Nothing in Amendments 
100/91 or this final rule prevents participants in the sablefish 
fishery from developing operational guidelines or other voluntary 
measures that may result in reduced grenadier bycatch in that fishery.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Administrator, Alaska Region, NMFS, has determined this final rule is 
necessary for the conservation and management of the groundfish 
fisheries and that it is consistent with Amendments 100/91, the FMPs, 
the National Standards, other provisions of the Magnuson-Stevens Act, 
and other applicable laws.
    NMFS prepared an environmental assessment (EA) for Amendments 100/
91 and this final rule and the Administrator, Alaska Region, NMFS, 
concluded that there will be no significant impact on the human 
environment as a result of this rule. The impact of this action is to 
limit and monitor the incidental catch of grenadiers in the groundfish 
fisheries. A copy of the EA is available from NMFS (see ADDRESSES).
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.

Final Regulatory Flexibility Analysis

    This final regulatory flexibility analysis (FRFA) incorporates the 
IRFA, a summary of the significant issues raised by the public comments 
in response to the IRFA, and NMFS' responses to those comments, and a 
summary of the analyses completed to support the action.
    Section 604 of the Regulatory Flexibility Act requires that, when 
an agency promulgates a final rule under section 553 of Title 5 of the 
U.S. Code, after being required by that section or any other law to 
publish a general notice of proposed rulemaking, the agency shall 
prepare an FRFA.
    Section 604 describes the required contents of a FRFA: (1) A 
statement of the need for, and objectives of, the rule; (2) a statement 
of the significant issues raised by the public comments in response to 
the initial regulatory flexibility analysis, a statement of the 
assessment of the agency of such issues, and a statement of any changes 
made in the proposed rule as a result of such comments; (3) the 
response of the agency to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration (SBA) in response to the 
proposed rule, and a detailed statement of any change made to the 
proposed rule in the final rule as a result of the comments; (4) a 
description of and an estimate of the number of small entities to which 
the rule will apply or an explanation of why no such estimate is 
available; (5) a description of the projected reporting, recordkeeping 
and other compliance requirements of the rule, including an estimate of 
the classes of small entities which will be subject to the requirement 
and the type of professional skills necessary for preparation of the 
report or record; and (6) a description of the steps the agency has 
taken to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in the final rule and why each one of the other 
significant alternatives to the rule considered by the agency which 
affect the impact on small entities was rejected.

Need for, and Objectives of, the Rule

    A statement of the need for, and objectives of, the rule is 
contained in the preamble to this final rule and is not repeated here.

Public and Chief Counsel for Advocacy Comments on the Proposed Rule

    NMFS published a proposed rule to implement Amendments 100/91 on 
May 14, 2014 (79 FR 27557). An IRFA was prepared and summarized in the 
``Classification'' section of the preamble to the proposed rule. The 
comment period closed on June 13, 2014. NMFS received 3 letters of 
public comment on Amendments 100/91 and the proposed rule. No comments 
were received on the IRFA or the small entity impacts of the rule. The 
Chief Counsel for Advocacy of the SBA did not file any comments on the 
proposed rule.

Number and Description of Small Entities Regulated by the Action

    In the GOA, NMFS estimates that there are a total of 1,114 small 
catcher vessels and 5 small catcher/processors in the groundfish 
fisheries. The majority of these (581) are catcher vessels in the hook-
and-line gear sector. In the BSAI, NMFS estimates that there are 118 
small catcher vessels and 7 small catcher/processors in the groundfish 
fisheries. NMFS estimates that 72 small shoreside processors are 
directly regulated by this action. This number includes entities 
located in both the BSAI and GOA. Thus, NMFS estimates that this action 
directly regulates 1,316 small entities (1,232 catcher vessels, 12 
catcher/processors, 72 shoreside processors) because the reporting 
requirements and MRAs apply to all participants in the groundfish 
fisheries.

Description of Significant Alternatives to the Final Action That 
Minimize Adverse Impacts on Small Entities

    A FRFA must describe the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency and that affect the 
impact on small entities was rejected. ``Significant alternatives'' are 
those that achieve the stated objectives for the action, consistent 
with prevailing law, with potentially lesser adverse economic impacts 
on small entities, as a whole.
    The two aspects of this final rule that directly regulate small 
entities are the requirement to report grenadier catch under 
regulations at Sec.  679.5(a)(3) and the requirement that vessels not 
exceed an MRA of 8 percent, under regulations at Tables 10 and 11 to 
part 679. These requirements have a de minimus economic impact on small 
entities, as explained in Section 5.7 of the Analysis. The reporting 
requirements were the same under all of the action alternatives.
    The Council considered an MRA range of 2 percent to 20 percent, 
ultimately choosing an 8 percent MRA. The Council selected an 8 percent 
MRA to accommodate the current amount of grenadiers incidentally 
caught. The Council considered that there are very few instances when 
grenadier retention exceeds 8 percent; however, allowing a higher MRA 
of as much as 20 percent may not meet the objectives of providing 
precautionary management and placing limits on harvest, as identified 
in the purpose and need for the action.
    Thus, there are no significant alternatives that accomplish the 
objectives of accounting for grenadier catch or MRA management and 
minimize adverse economic impacts on small entities.

[[Page 11908]]

Recordkeeping and Reporting Requirements

    The final rule modifies the recordkeeping and reporting 
requirements of the vessels and processors participating in the BSAI 
and GOA groundfish fisheries.
    Presently, NMFS requires catcher vessel operators, catcher/
processor operators, buying station operators, mothership operators, 
shoreside processor managers, and stationary floating processor 
managers to record and report all FMP species in logbooks, forms, 
eLandings, and eLogbooks. Recording is optional for non-FMP species. 
Grenadiers are currently listed as non-FMP species.
    The final rule amends regulations to change the status of 
grenadiers (giant grenadiers and other grenadiers) from non-FMP species 
to FMP species and require operators to record and report grenadier 
species in logbooks, forms, eLandings, and eLogbooks. If operators 
retain and land grenadiers, then landings and the use of retained catch 
must be reported on fish tickets and production reports.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. The preamble 
to the proposed rule and the preamble to this final rule serve as the 
small entity compliance guide. This rule does not require any 
additional compliance from small entities that is not described in the 
preambles to the proposed and final rules. Copies of this final rule 
are available on request from the NMFS Alaska Region Office (see 
ADDRESSES).

Collection-of-Information Requirements

    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA), and which have been approved by 
Office of Management and Budget (OMB) under OMB Control Number 0648-
0213 (paper recordkeeping and reporting) and OMB Control Number 0648-
0515 (electronic recordkeeping and reporting). However, this rule only 
mentions these collections and does not change either collection-of-
information.
    Send comments regarding this burden estimate, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSES) and by email to <a href="/cdn-cgi/l/email-protection#7e31372c3f212d0b1c13170d0d1711103e11131c501b110e50191108"><span class="__cf_email__" data-cfemail="622d2b30233d3117000f0b11110b0d0c220d0f004c070d124c050d14">[email protected]</span></a>, or 
fax to (202) 395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a 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.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: February 26, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
679 as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
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.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.


0
2. In Sec.  679.2, add a definition for ``Grenadiers'' in alphabetical 
order and revise the definition for ``Non-allocated or nonspecified 
species'' to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Grenadiers (see Table 2c to this part and Sec.  679.20(i)).
* * * * *
    Non-allocated or nonspecified species means those fish species, 
other than prohibited species, for which TAC has not been specified 
(e.g., prowfish and lingcod).
* * * * *

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), and grenadiers (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), and grenadiers (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 the 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), and grenadiers (see Table 2c to this part). The operator may 
also record and report the required information for non-groundfish (see 
Table 2d to this part).
* * * * *

0
4. In Sec.  679.20, revise paragraph (i) to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (i) Forage fish and grenadiers--(1) Definition. See Table 2c to 
this part.
    (2) Applicability. The provisions of Sec.  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 or GOA.
    (3) Closure to directed fishing. Directed fishing for forage fish 
and grenadiers 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 or grenadiers is 
prohibited, except as provided in paragraph (i)(5) of this section.
    (5) Allowable fishmeal production. Retained catch of forage fish or 
grenadiers not exceeding the maximum retainable amount may be processed 
into fishmeal for sale, barter, or trade.
* * * * *

0
5. In Sec.  679.22, add paragraph (i) to read as follows:


Sec.  679.22  Closures.

* * * * *

[[Page 11909]]

    (i) Forage fish and grenadiers closures. See Sec.  679.20(i)(3).

0
6. 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) and Grenadier Species
------------------------------------------------------------------------
                 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
------------------------------------------------------------------------


0
7. Revise Table 2d to part 679 to read as follows:

          Table 2d to Part 679--Species Codes: Non-FMP Species
------------------------------------------------------------------------
                   Species description                         Code
------------------------------------------------------------------------
                               GENERAL USE
------------------------------------------------------------------------
Arctic char, anadromous.................................             521
Dolly varden, anadromous................................             531
Eels or eel-like fish...................................             210
Eel, wolf...............................................             217
GREENLING:
    Kelp................................................             194
    Rock................................................             191
    Whitespot...........................................             192
Jellyfish (unspecified).................................             625
Lamprey, pacific........................................             600
Lingcod.................................................             130
Lumpsucker..............................................             216
Pacific flatnose........................................             260
Pacific hagfish.........................................             212
Pacific hake............................................             112
Pacific lamprey.........................................             600
Pacific saury...........................................             220
Pacific tomcod..........................................             250
Poacher (Family Algonidae)..............................             219
Prowfish................................................             215
Ratfish.................................................             714
Rockfish, black (GOA)...................................             142
Rockfish, blue (GOA)....................................             167
Rockfish, dark..........................................             173
Sardine, Pacific (pilchard).............................             170
Sea cucumber, red.......................................             895
Shad....................................................             180
Skilfish................................................             715
Snailfish, general (genus Liparis and genus Careproctus)             218
Sturgeon, general.......................................             680
Wrymouths...............................................             211
Shellfish:
    Abalone, northern (pinto)...........................             860
Clams:
    Arctic surf.........................................             812
    Cockle..............................................             820
    Eastern softshell...................................             842
    Pacific geoduck.....................................             815
    Pacific littleneck..................................             840
    Pacific razor.......................................             830
    Washington butter...................................             810

[[Page 11910]]

 
Coral...................................................             899
Mussel, blue............................................             855
Oyster, Pacific.........................................             880
Scallop, weathervane....................................             850
Scallop, pink (or calico)...............................             851
SHRIMP:
    Coonstripe..........................................             864
    Humpy...............................................             963
    Northern (pink).....................................             961
    Sidestripe..........................................             962
    Spot................................................             965
Snails..................................................             890
Urchin, green sea.......................................             893
Urchin, red sea.........................................             892
------------------------------------------------------------------------


0
8. Revise Table 3 to part 679 to read as follows:
BILLING CODE 3510-22-P

[[Page 11911]]

[GRAPHIC] [TIFF OMITTED] TR05MR15.000


[[Page 11912]]


[GRAPHIC] [TIFF OMITTED] TR05MR15.001


[[Page 11913]]


[GRAPHIC] [TIFF OMITTED] TR05MR15.002


[[Page 11914]]



0
9. Revise Table 10 to part 679 to read as follows:
[GRAPHIC] [TIFF OMITTED] TR05MR15.003


[[Page 11915]]


[GRAPHIC] [TIFF OMITTED] TR05MR15.004


[[Page 11916]]


[GRAPHIC] [TIFF OMITTED] TR05MR15.005


[[Page 11917]]



0
10. Revise Table 11 to part 679 to read as follows:
[GRAPHIC] [TIFF OMITTED] TR05MR15.006

[FR Doc. 2015-05049 Filed 3-4-15; 8:45 am]
 BILLING CODE 3510-22-C


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