Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 11897 

Dated: February 27, 2015. 

Roy E. Wright, 

Deputy Associate Administrator for 

Mitigation, Federal Insurance and Mitigation 

Administration, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2015–05084 Filed 3–4–15; 8:45 am] 

BILLING CODE 9110–12–P 

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. 

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 MagnusonStevens 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 

OIRA_Submission@omb.eop.gov; 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 MagnusonStevens 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 (§ 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 

(§ 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 

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11898 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 

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 (§ 600.310(d)(5)). In order to 

be designated an EC species, the species 

or species group should be: (1) A nontarget 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 

§ 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 § 679.2 define 

the term ‘‘directed fishing.’’ Regulations 

at § 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 

§ 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: 

• Require recordkeeping and 

reporting of grenadiers in the BSAI and 

GOA groundfish fisheries; 

• Add two grenadier species codes; 

• Add grenadier product recovery 

rates (PRRs); 

• Prohibit directed fishing for 

grenadiers; and 

• 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 § 679.2. This 

final rule also modifies regulations at 

§ 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 

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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 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 

§ 679.20(i) and § 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 MagnusonStevens 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 MagnusonStevens 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 (§ 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 (§ 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 

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11900 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 

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/PDF

documents/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 

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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/meetingminutes/. 

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 BMSY (biomass level 

necessary to support the maximum 

sustainable yield) nor reliable estimates 

of BMSY proxies are available. A reliable 

estimate of BMSY or a reliable estimate 

of a BMSY 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 BMSY nor reliable 

estimates of BMSY 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 

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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 

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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 longterm 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 longterm 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 

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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 

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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 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://alaska

fisheries.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 MagnusonStevens 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 

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11906 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 

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 MagnusonStevens 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. 

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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 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 § 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. 

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11908 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 

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-ofinformation 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 collectionof-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 OIRA_

Submission@omb.eop.gov, 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 

■ 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. 

■ 2. In § 679.2, add a definition for 

‘‘Grenadiers’’ in alphabetical order and 

revise the definition for ‘‘Non-allocated 

or nonspecified species’’ to read as 

follows: 

§ 679.2 Definitions. 

* * * * * 

Grenadiers (see Table 2c to this part 

and § 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). 

* * * * * 

■ 3. In § 679.5, revise paragraph (a)(3) 

introductory text, and paragraphs 

(c)(3)(vi)(F) and (c)(4)(vi)(E) to read as 

follows: 

§ 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 nongroundfish (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). 

* * * * * 

■ 4. In § 679.20, revise paragraph (i) to 

read as follows: 

§ 679.20 General limitations. 

* * * * * 

(i) Forage fish and grenadiers—(1) 

Definition. See Table 2c to this part. 

(2) Applicability. The provisions of 

§ 679.20(i) apply to all vessels fishing 

for groundfish in the BSAI or GOA, and 

to all vessels processing groundfish 

harvested in the BSAI 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. 

* * * * * 

■ 5. In § 679.22, add paragraph (i) to 

read as follows: 

§ 679.22 Closures. 

* * * * * 

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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 11909 

(i) Forage fish and grenadiers 

closures. See § 679.20(i)(3). 

■ 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 Gonostomatidae) .............................................................................................. 209 

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 Shannys (family Stichaeidae) .................................................................. 208 

Surf smelt (family Osmeridae) ............................................................................................................................................................. 515 

GRENADIERS 

Giant Grenadiers (Albatrossia pectoralis) ........................................................................................................................................... 214 

Other Grenadiers ................................................................................................................................................................................. 213 

■ 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 

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11910 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 

TABLE 2d TO PART 679—SPECIES CODES: NON-FMP SPECIES—Continued 

Species description Code 

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 

■ 8. Revise Table 3 to part 679 to read 

as follows: 

BILLING CODE 3510–22–P 

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Table 3 to Part 679--Product Recovery Rates for Groundfish Species and Conversion Rates for Pacific H

Product Code 

1, 41, 4 5 6 7 8 10 

Species FMP Species 86,92, Gutted Gutted H&G H&G H&G H&G 11 

Code 93,95 3 Bled 

Whole head head with west east w/o Kirim

fish on off roe cut cut tail 

110 Pacific Cod 1.00 0.98 0.85 --- 0.63 0.57 0.47 0.44 --- 

Flatfish other than Pacific Halibut 1.00 0.98 0.90 --- 0.80 0.72 0.65 0.62 0.48 

143 Thomyhead Rockfish 1.00 0.98 0.88 --- 0.55 0.60 0.50 --- --- 

160 Sculpins 1.00 0.98 0.87 --- --- 0.50 0.40 --- --- 193 Atka Mackerel 1.00 0.98 0.87 --- 0.67 0.64 0.61 --- --- 

214 Giant grenadiers 1.00 --- --- --- --- 0.50 0.50 --- --- 270 Pollock 1.00 0.98 0.80 --- 0.70 0.65 0.56 0.50 0.25 

510 Smelts 1.00 0.98 0.82 --- --- 0.71 --- --- --- 

511 Eulachon 1.00 0.98 0.82 --- --- 0.71 --- --- --- 516 Cape lin 1.00 0.98 0.89 --- --- 0.78 --- --- --- 

Sharks 1.00 0.98 0.83 --- --- 0.72 --- --- --- Skates 1.00 0.98 0.90 --- --- --- 0.32 --- --- 

710 Sablefish 1.00 0.98 0.89 --- --- 0.68 0.63 0.50 --- 

870 Octopus 1.00 0.98 0.81 --- --- --- --- --- --- 875 Squid 1.00 0.98 0.69 --- --- --- --- --- --- 

Rockfish 1.00 0.98 0.88 --- --- 0.60 0.50 --- --- 

200 PACIFIC HALIBUT 0.90 1.0 Conversion rates to Net Weight. --- --- --- --- --- --- --- 

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Species FMP Species 15 16 Code 

110 143 160 193 

214 270 

510 511 516 

710 

870 875 

200 

Pectoral Heads Girdle 

Pacific Cod 0.05 ---

Flatfish other than Pacific Halibut --- ---

Thomyhead Rockfish --- 0.20 

Sculpins --- ---

Atka Mackerel --- ---

Giant Grenadiers --- ---

Pollock 

--- 0.15 

Smelts --- ---

Eulachon --- ---

Cape lin --- ---

Sharks --- ---Skates --- ---Sablefish --- ---

Octopus --- ---

Squid --- ---

Rockfish --- 0.15 

PACIFIC HALIBUT 

--- -

Conversion rates to Net Weight. 

1Standard pollock surimi rate during January through June. 

2Standard pollock surimi rate during July through December. 

17 18 19 

Cheeks Chins Belly 

0.05 --- 0.01 

--- --- ---

0.05 0.05 0.05 

--- --- ------ --- ------ --- ------ --- ------ --- ------ --- ------ --- ------ --- ------ --- ---

0.05 --- ---

--- --- ------ --- ---

0.05 0.05 0.10 

- --- ---

Product Code 

20 21 22 

Fillets Fillets Fillets 23 

with with Fillets 

with skin ribs skinless 

skin& 

ribs no no boneles

ribs skin 

0.45 0.35 0.25 0.25 

0.32 0.27 0.27 0.22 

0.40 0.30 0.35 0.25 

--- --- --- --- 

--- --- --- --- --- 24.3 --- --- 

0.35 0.30 0.30 0.21 

--- 0.38 --- --- 

--- --- --- --- 

--- --- --- --- --- 0.30 0.30 0.25 

--- --- --- --- 

0.35 0.30 0.30 0.25 

--- --- --- --- --- --- --- --- 

0.40 0.30 0.33 0.25 

--- --- --- --- 

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Product Code 

Species 37 

Code FMP Species 32 33 34 35 36 Butterfly 

Meal Oil Milt Stomachs Mantles Backbone 

Removed 

110 Pacific Cod 0.17 --- --- --- --- 0.43 

Flatfish other than Pacific Halibut 0.17 --- --- --- --- --- 

122 Flathead Sole 0.17 --- --- --- --- --- 123 Rock Sole 0.17 --- --- --- --- --- 124 Dover Sole 0.17 --- --- --- --- --- 125 Rex Sole 0.17 --- --- --- --- --- 127 Y ellowfin Sole 0.17 --- --- --- --- --- 134 Greenland Turbot 0.17 --- --- --- --- --- 143 Thomyhead Rockfish 0.17 --- --- --- --- --- 160 Sculpins 0.17 --- --- --- --- --- 193 Atka Mackerel 0.17 --- --- --- --- --- 

214 Giant grenadiers 0.17 --- --- --- --- --- 270 Pollock 0.17 --- --- --- --- 0.43 

510 Smelts 0.17 --- --- --- --- --- 

511 Eulachon 0.17 --- --- --- --- --- 516 Cape lin 0.17 --- --- --- --- --- 

Sharks 0.17 --- --- --- --- --- Skates 0.17 --- --- --- --- --- 

710 Sablefish 0.17 --- --- --- --- --- 

870 Octopus 0.17 --- --- --- 0.85 --- 875 Squid 0.17 --- --- --- 0.75 --- 

--- Rockfish --- --- --- --- --- --- 

200 PACIFIC HALIBUT 

Conversion rates to Net Weight --- --- --- --- --- ---

Notes: To obtain round weight of groundfish, divide the product weight of groundfish by the table PRR. 

To obtain IFQ net weight of Pacific halibut, multiply the product weight of halibut by the table conversion 

To obtain round weight from net weight of Pacific halibut, divide net weight by 0.75 or multiply by 1.3333

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Table 10 to Part 679-Gulf of Alaska Retaiuable Perceutages 

BASIS SPECIES INCIDENTAL CATCH SPECIES (for DSR caught on catcher vessels in the SEO, see § 679.20 G)6) 

DW sw Aggregated SRIRE DSR Aggregated 

Pacific Rex Flathead Arrow- Sable- Atka Skates 

Code Species Pollock Flat Flat Rockfish ERA SEO forage 

Cod sole sole tooth fish (C/Ps mackerel (11) 

(2) (3) (8) (1) fish<10) 

only) <6) 

110 !Pacific cod 20 n/a(9) 20 20 20 20 35 I 5 (1) 10 20 2 20 

121 5 5 20 20 20 20 n/a I 5 0 0 20 2 20 

122 Flathead sole 20 20 20 20 n/a 20 35 7 15 7 I 20 2 20 125 sole 20 20 20 n/a 20 20 35 7 15 7 I 20 2 20 

136 20 20 20 20 20 20 35 7 15 7 1 20 2 20 

ockfish 

141 l>acific ocean 20 20 20 20 20 20 35 7 15 7 1 20 2 20 

perch 

143 !Thomyhead 20 20 20 20 20 20 35 7 15 7 1 20 2 20 

152/ Shortraker/ 20 20 20 20 20 20 35 7 15 n/a 1 20 2 20 

151 ougheye <1) 

193 fAtka mackerel 20 20 20 20 20 20 35 1 5 (1) 10 n/a 2 20 

270 !Pollock n/a 20 20 20 20 20 35 1 5 (1) 10 20 2 20 

10 Sablefish 20 20 20 20 20 20 35 n/a 15 7 I 20 2 20 

Flatfish, deep-water<2) 20 20 n/a 20 20 20 35 7 15 7 1 20 2 20 Flatfish, shallow- 20 20 20 20 20 n/a 35 1 5 (1) 10 20 2 20 

water<3) 

Rockfish, other <4) 20 20 20 20 20 20 35 7 15 7 1 20 2 20 

Rockfish, pelagic \> J 20 20 20 20 20 20 35 7 15 7 1 20 2 20 Rockfish, DSR-SEO \OJ 20 20 20 20 20 20 35 7 15 7 n/a 20 2 20 

Skates<11) 20 20 20 20 20 20 35 1 5 (1) 10 20 2 n/a 

Other species (7) 20 20 20 20 20 20 35 I 5 (1) 10 20 2 20 

Aggregated amount of 

non-groundfish 20 20 20 20 20 20 35 1 5 (1) 10 20 2 20 

pecies<12) 

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Notes to Table 10 to Part 679 

1 Shortraker/rougheye rockfish 

SR/RE Shortraker rockfish (152) 

Rougheye rockfish (151) 

SR/REERA Shortraker/rougheye rockfish in the Eastern Regulatory Area (ERA). 

Where numerical percentage is not indicated, the retainable percentage of SR/RE is included under Aggregated Rockfish 

2 Deep-water flatfish Dover sole, Greenland turbot, and deep-sea sole 

3 Shallow-water flatfish Flatfish not including deep-water flatfish, flathead sole, rex sole, or arrowtooth flounder 

4 Other rockfish Western Regulatory Area 

Central Regulatory Area means slope rockfish and demersal shelf rockfish 

West Yakutat District 

Southeast Outside District means slope rockfish 

Slope rockfish 

S. aurora (aurora) S. variegates (harlequin) S. brevispinis (silverS. melanostomus (blackgill) S. wilsoni (pygmy) S. diploproa (splitno

S. paucispinis (bocaccio) S. babcocld (redbanded) S. saxicola (stripetai

S. goodei ( chilipepper) S. proriger (redstripe) S. miniatus (vermilio

S. crameri (darkblotch) S. zacentrus (sharpchin) S. reedi (yellowmou

S. elongatus (greenstriped) S. jordani (shortbelly) 

In the Eastern GOA only, Slope rockfish also includes S. polyspinis (northern) 

5 Pelagic shelf rockfish S. variabilis (dusky) S. entomelas (widow) S. flavidus (yellowta

6 Demersal shelf S. pinniger (canary) S. maliger (quillback) S. ruberrimus (yello

rockfish (DSR) S. nebulosus (china) S. helvomaculatus (rosethorn) 

S. caurinus (copper) S. nigrocinctus (tiger) 

DSR-SEO =Demersal shelf rockfish in the Southeast Outside District (SEO)(see § 679.7(b)(4) and§ 679.200))

7 Other species Sculpins Octopus I Sharks I Squid 

8 Aggregated rockfish Means rockfish as defined at§ 679.2 except in: 

Southeast Outside District where DSR is a separate category for those species marked with a numerica

Eastern Regulatory Area where SRIRE is a separate category for those species marked with a numeri

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Notes to Table 10 to Part 679 

9 n/a I Not applicable 

10 Aggregated forage fish (all species of the following taxa) 

Bristlemouths, lightfishes, and anglemouths (family Gonostomatidae) 

Cape lin smelt (family Osmeridae) 

Deep-sea smelts (family Bathylagidae) 

Eulachon smelt (family Osmeridae) 

Gunnels (family Pholidae) 

Krill (order Euphausiacea) 

Lantemfishes (family Myctophidae) 

Pacific Sand fish (family Trichodontidae) 

Pacific Sand lance (family Ammodytidae) 

Pricklebacks, war-bonnets, eelblennys, cockscombs and Shannys (family Stichaeidae) 

Surf smelt (family Osmeridae) 

11 Skates Species and Groups Big Skates (Raja binoculata) 

Longnose Skates (R. rhina) 

Other Skates (all skates that are not Big Skate or Longnose Skate) 

12 Aggregated non-groundfish All legally retained species of fish and shellfish, including IFQ halibut, that are not listed as F

and 2c to this part. 

13 Grenadiers Giant grenadiers (Albatrossia pectoralis) 

Other grenadiers 
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[FR Doc. 2015–05049 Filed 3–4–15; 8:45 am] 


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Table 11 to Part 679-BSAI Retainable Percentages 

BASIS SPECIES INCIDENTAL CATCH SPECIES 

Pacific Atka Alaska Kam- Other Flat- Green- Sable- Short- Agg. Agg

Species Pollock fm head land raker/ Rock- Squid lrora

cod packerel plaice tooth chatka sole flatfish2 sole sole turbot fish1 ougheye fish6 fish

110 Pacific cod 20 na' 20 20 35 35 20 20 20 20 1 1 2 5 20 2 

121 Arrowtooth 20 20 20 20 na 20 20 20 20 20 7 I 2 5 20 2 

117 Kamchatka 20 20 20 20 20 na 20 20 20 20 7 1 2 5 20 2 

122 Flathead sole 20 20 20 35 35 35 35 35 35 na 35 15 7 15 20 2 

123 Rock sole 20 20 20 35 35 35 35 35 na 35 1 I 2 15 20 2 

127 Y ellowfm sole 20 20 20 35 35 35 na 35 35 35 1 1 2 5 20 2 

133 Alaska Plaice 20 20 20 na 35 35 35 35 35 35 1 1 2 5 20 2 

134 Greenland 20 20 20 20 35 35 20 20 20 20 15 7 15 20 2 

turbot na 

136 Northern 20 20 20 20 35 35 20 20 20 20 35 15 7 15 20 2 

141 Pacific Ocean 20 20 20 20 35 35 20 20 20 20 35 15 7 15 20 2 

perch 

152/ Shortraker/ 20 20 20 20 35 35 20 20 20 20 35 15 5 20 2 

151 Rougheye na 

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

270 Pollock na 20 20 20 35 35 20 20 20 20 1 1 2 5 20 2 

710 Sablefish 20 20 20 20 35 35 20 20 20 20 35 na 7 15 20 2 

875 Squid 20 20 20 20 35 35 20 20 20 20 1 1 2 5 na 2 

Other flatfish"' 20 20 20 35 35 35 35 na 35 35 I 1 2 5 20 2 

Other rockfish3 20 20 20 20 35 35 20 20 20 20 35 15 7 15 20 2 

Other species" 20 20 20 20 35 35 20 20 20 20 1 1 2 5 20 2 

Aggregated amount 

non-groundfish 

species8 

20 20 20 20 35 35 20 20 20 20 1 1 2 5 20 2 

Sablefish: for fixed gear restrictions, see§ 679.7(f)(3)(ii) and (f)(ll). 

2 Other flatfish includes all flatfish species, except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yell

plaice, arrowtooth flounder and Kamchatka flounder. 

3 Other rockfish includes all "rockfish" as defined at§ 679.2, except for Pacific ocean perch; and northern, shortraker, and rougheye rockf

4 The Other species includes sculpins, sharks, skates and octopus. 

5 na = not applicable 6 Aggregated rockfish includes all "rockfish" as defined at§ 679.2, except shortraker and rougheye rockfish. 

7 Forage fish are defined at Table 2c to this part. 

8 All legally retained species offish and shellfish, including CDQ halibut and IFQ halibut that are not listed as FMP groundfish in Tables 2

9Grenadiers are defined in Table 2c to this part.