2654 Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Proposed Rules

Dated: January 9, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 98–1154 Filed 1–15–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971231319–7319–01; I.D.

112697A]

RIN 0648–AK09

Fisheries of the Exclusive Economic

Zone Off Alaska; Maximum Retainable

Bycatch Percentages

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes a regulatory

amendment to separate shortraker

rockfish and rougheye rockfish (SR/RE)

from the aggregated rockfish bycatch

species group and reduce maximum

retainable bycatch (MRB) percentages

for SR/RE in the Aleutian Islands

Subarea (AI) groundfish fisheries. This

action is necessary to slow the harvest

rate of SR/RE thereby reducing the

potential for overfishing. This action is

intended to further the objectives of the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands (FMP).

DATES: Comments must be received at

the following address by February 17,

1998.

ADDRESSES: Comments may be sent to

Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries

Division, Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802, Attn:

Lori Gravel or delivered to the Federal

Building, 709 West 9th Street, Juneau,

AK. Copies of the Environmental

Assessment/Regulatory Impact Review

(EA/RIR) prepared for this action may

be obtained from the same address or by

calling the Alaska Region, NMFS, at

907–586–7228.

FOR FURTHER INFORMATION CONTACT:

Alan Kinsolving, 907–586–7228.

SUPPLEMENTARY INFORMATION: Fishing

for groundfish by U.S. vessels in the

exclusive economic zone of the Bering

Sea and Aleutian Islands management

area (BSAI) is managed by NMFS

according to the FMP. The FMP was

prepared by the North Pacific Fishery

Management Council (Council) under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act). Fishing by

U.S. vessels is governed by regulations

implementing the FMP at subpart H of

50 CFR part 600 and 50 CFR part 679.

Regulations at 50 CFR 679.20(e)

establish MRB percentages for

groundfish species or species groups

that are closed to directed fishing. The

MRB amount is calculated as a

percentage of the species on bycatch

status relative to the amount of other

species retained onboard the vessel that

are open for directed fishing. MRB

percentages serve as a management tool

to slow down the harvest rates of

bycatch species by limiting the amount

that can be retained on board a vessel.

By not placing the bycatch species on

‘‘prohibited’’ status, thereby prohibiting

all retention, MRB’s also serve to

minimize regulatory discard of bycatch

species when they are taken incidental

to other directed fisheries. MRB

percentages reflect a balance between

the need to slow harvest rates while at

the same time, minimizing the potential

for undesirable discard. Although MRB

percentages limit the incentive to target

on a bycatch species, fishermen can

‘‘top off’’ their retained catch with these

species up to the MRB amount by

deliberately targeting the bycatch

species.

At its June 1997 meeting, the Council

requested that NMFS initiate a

regulatory amendment to reduce the

MRB percentages for SR/RE to reduce

harvest rates of SR/RE in the groundfish

fisheries, thereby reducing the potential

for overfishing and minimizing industry

incentives to top off retained catch with

SR/RE. Based on the analysis presented

to the Council at its September 1997

meeting, the Council recommended that

SR/RE be separated from the aggregated

rockfish bycatch species group, and that

MRB percentages for SR/RE in the AI be

reduced to 7 percent relative to deepwater complex species (primarily POP)

and to 2 percent relative to shallowwater complex species (primarily Atka

mackerel). The MRB percentage relative

to arrowtooth flounder would remain at

0 percent. Further justification for these

MRB adjustments is discussed below.

Separation of SR/RE From Aggregated

Rockfish

MRB percentages are established for

aggregate rockfish species that are

closed to directed fishing. Rockfish

species were aggregated because of

concerns that separate MRB percentages

for each rockfish TAC category would

increase the overall amount of rockfish

that could be retained and increase

incentives to vessel operators to ‘‘top

off’’ their retained catch of target species

with rockfish. As part of the aggregate

rockfish MRB, the combined amounts of

rockfish on bycatch status must not

exceed specified percentages of other

retained species that are open to

directed fishing. These percentages are

15 percent relative to deep-water

complex species (other rockfish species,

sablefish, Greenland turbot, and

flathead sole) and 5 percent relative to

shallow-water complex species (Atka

mackerel, pollock, Pacific cod,

yellowfin sole, rock sole, ‘‘other

flatfish’’, squid, and other species).

SR/RE are highly valued, but amounts

available to the commercial fisheries are

limited by a relatively small TAC

amount that is fully needed to support

bycatch needs in other groundfish

fisheries. As a result, the directed

fishery for SR/RE typically is closed at

the beginning of the fishing year.

Nonetheless, bycatch amounts of SR/RE

can exceed TAC and approach the

overfishing level. In 1997, the SR/RE

bycatch in the Pacific ocean perch (POP)

and Atka mackerel trawl fisheries (778

mt and 162 mt, respectively) exceeded

the acceptable biological catch and

caused overfishing concerns. This

resulted in the closure of these and

other trawl fisheries in the AI, as well

as the hook-and-line gear fisheries for

Pacific cod and Greenland turbot.

Although closure of the individual

fishing quota (IFQ) fisheries for AI

sablefish and halibut was a possibility,

SR/RE bycatch did not reach the

overfishing level and those fisheries

remained open.

Based on the discussion above, NMFS

proposes to remove SR/RE from the

aggregated rockfish bycatch species

group and establish an SR/RE bycatch

species group for the AI.

Reduction of the SR/RE MRB

Percentages

The majority of SR/RE bycatch is

taken in the POP and Atka mackerel

fisheries. Based on data reported by the

industry since 1995, the amount of

retained SR/RE bycatch in the POP

fishery has ranged from 4.5 to 5.7

percent. During the same time period,

the retained amount of SR/RE in the

Atka mackerel fishery relative to other

retained catch has ranged from 0.08 to

0.2 percent.

Analyses of 1995–1996 observer data

from observed hauls in the AI Atka

mackerel and POP fisheries indicate that

most SR/RE bycatch is taken in the

minority of hauls. In the Atka mackerel

fishery during 1995 and 1996, only 2

percent of observed hauls had bycatch
Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Proposed Rules 2655

rates higher than 2 percent, but those

hauls were responsible for 50 percent of

the observed SR/RE bycatch. In the POP

fishery during 1995, only 10 percent of

the observed hauls exceeded a bycatch

rate of 7 percent but these hauls were

responsible for 50 percent of the SR/RE

bycatch. In the 1996 POP fishery, 29

percent of the observed hauls exceeded

a bycatch rate of 7 percent, but were

responsible for 78 percent of the SR/RE

bycatch.

To the extent that these high-bycatch

hauls represent topping off, a reduction

in MRB percentages would limit the

incentive to do so and reduce the risk

of approaching the overfishing level for

SR/RE stocks. At the same time, the

proposed MRB percentages would be at

a level that is unlikely to increase

regulatory discards.

Classification

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant impact on a

substantial number of small entities.

NMFS prepared a regulatory impact

review (RIR) that describes the impact

this proposed rule, if adopted, would

have on small entities.

The Small Business Administration has

defined all fish-harvesting or hatchery

businesses that are independently owned and

operated, not dominant in their field of

operation, with annual receipts not in excess

of $3,000,000 as small businesses.

Additionally, seafood processors with 500

employees or fewer, wholesale industry

members with 100 employees or fewer, notfor-profit enterprises, and government

jurisdictions with a population of 50,000 or

less are considered small entities. NMFS has

determined that a ‘‘substantial number’’ of

small entities would generally be 20 percent

of the total universe of small entities affected

by the regulation. A regulation would have

a ‘‘significant economic impact’’ on these

small entities if it reduced annual gross

revenues by more than 5 percent, increased

total costs of production by more than 5

percent, resulted in compliance costs for

small entities that are at least 10 percent

higher than compliance costs as a percent of

sales for large entities, or would be likely to

cause approximately 2 percent of the affected

small business to go out of business. NMFS

assumes that catcher vessels participating in

the Alaska groundfish fisheries are ‘‘small

entities’’ for purposes of the Regulatory

Flexibility Act (RFA).

In 1996, 213 vessels participated in the

Aleutian Islands groundfish fisheries all of

which would be affected by this rule. Of

these, 140 vessels (66 percent) were catcher

vessels and would be considered small

entities by NMFS. One hundred percent of

these small entities would be affected by this

rule. Thus, this rule affects a ‘‘substantial

number of small entities.’’

This rule could have a variety of different

impacts on different entities depending on

each small entity’s previous fishing history.

For vessels that have never landed SR/RE,

this rule’s impacts would be strictly

beneficial in that the only impacts would be

that there would be less likelihood of other

fisheries in which those vessels operate being

closed due to excessive SR/RE bycatch. For

entities that have historically landed SR/RE,

this rule’s impact could vary as well. NMFS’

data indicate that most vessels typically

harvest SR/RE at a rate substantially below

this rule’s new MRB of 7 percent. Vessels in

the POP fishery typically harvest SR/RE at a

rate ranging from 4.5 to 5.7 percent. Vessels

in the Atka mackerel fishery typically have

SR/RE bycatch rates of .08 to 0.2 percent.

Forty-eight small entities landed SR/RE in

1996. For those vessels whose SR/RE bycatch

rates are already under 7 percent, this rule’s

impacts will be only positive as well.

However, it is possible that one or more of

these 48 small entities landed SR/RE at a rate

greater than 7 percent. For any such vessel,

this rule could result in an economic loss.

In 1996, small entities took only 0.2

percent of the total SR/RE that was landed.

Using an assumed exvessel price of $1.10 per

pound, the total value of the 1996 SR/RE

retained catch is estimated at $1.8 million, of

which less than $3,600 was taken by the 48

small entities (34 percent of the total

universe of small entities, a substantial

number). Data is not available on how many,

if any, small entities have historically landed

SR/RE at a bycatch rate greater than 7

percent. However, if NMFS assumes that all

48 small entities retained bycatch at the

maximum rate of 14 percent, then the most

any vessel could stand to lose as a result of

this rule would be 50 percent (because the

new maximum retainable level, 7 percent, is

one-half of the current maximum retainable

level, 14 percent) of $3,600, divided by 48:

$37.50 per vessel. If only 20 percent of the

affected small entities (28 vessels) landed

SR/RE at a rate higher than 7 percent, the

greatest economic loss they could be

expected to suffer would be $64.30. If only

10 percent of the small entities landed over

7 percent of SR/RE, the most these vessels

could expect to lose as a result of this rule

would be $129 each. Based on the total value

of the SR/RE landed by small entities, NMFS

can conclude that very few, if any, small

entities would be likely to experience a

reduction in gross annual income of greater

than 5 percent or be forced to go out of

business because of this rule. In addition, any

losses would be offset for these vessels to the

extent that other lucrative fisheries such as

POP and Sitka mackerel would not risk early

closure due to excessive SR/RE bycatch.

Also, data indicate that this rule is not

likely to result in compliance costs

proportionally higher for small entities than

for large entities. Annual compliance costs

are not likely to increase production costs by

more than 5 percent. Compliance costs as a

percent of sales for small entities are not

likely to be greater than 10 percent of sales

for large entities.

Thus although NMFS is not able to

ascertain the exact number of small entities

that would experience negative economic

impact as a result of this rule, NMFS is able

to conclude that substantially fewer than 20

percent of the affected small entities would

experience any negative impact at all, and

that in no case would this rule result in a

significant impact on a substantial number of

small entities.

As a result, a regulatory flexibility

analysis was not prepared. A copy of the

EA/RIR is available from NMFS (See

ADDRESSES).

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and

reporting requirements.

Dated: January 12, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 679 is proposed

to be amended as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for part 679

continues to read as follows:

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

seq. and 3631 et seq.

2. In part 679, Table 11 is revised to

read as follows:
2656 Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Proposed Rules

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

Bycatch Species 1

Pollock Pacific

cod

Atka

mackerelArrowtooth Yellowfin sole

Other

flatfish Rocksole

Flathead

sole

Greenland

turbot

Sablefish

Shortraker

rougheye

(AI)

Aggregated

rockfish 2

Squid

Other

species

Basis species:

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

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

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

Arrowtooth ............................ 0 0 0 3 na 0 0 0 0 0 0 0 0 0 0

Yellowfin sole ........................ 20 20 20 35 3 na 35 35 35 1 1 2 5 20 20

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

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

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

Greenland turbot ................... 20 20 20 35 20 20 20 20 3 na 15 7 15 20 20

Sablefish ............................... 20 20 20 35 20 20 20 20 35 3 na 7 15 20 20

Other rockfish ....................... 20 20 20 35 20 20 20 20 35 15 7 15 20 20

Other red rockfish–BS .......... 20 20 20 35 20 20 20 20 35 15 7 15 20 20

Pacific ocean perch .............. 20 20 20 35 20 20 20 20 35 15 7 15 20 20

Sharpchin/Northern–AI ......... 20 20 20 35 20 20 20 20 35 15 7 15 20 20

Shortraker/Rougheye–AI ...... 20 20 20 35 20 20 20 20 35 15 3 na 15 20 20

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

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

Aggregated amount nongroundfish species ............ 20 20 20 35 20 20 20 20 1 1 2 5 20 20

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

2Aggregated rockfish of the genera Sebastes and Sebastolobus except in the Aleutian Islands Subarea where shortraker and rougheye rockfish is a separate category. 3 na=not applicable.

[FR Doc. 98–1155 Filed 1–15–98; 8:45 am]

BILLING CODE 3510–22–P