80_FR_39866 80 FR 39734 - Fisheries of the Exclusive Economic Zone Off Alaska; Revise Maximum Retainable Amounts for Skates in the Gulf of Alaska

80 FR 39734 - Fisheries of the Exclusive Economic Zone Off Alaska; Revise Maximum Retainable Amounts for Skates in the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 132 (July 10, 2015)

Page Range39734-39744
FR Document2015-16935

NMFS proposes regulations to reduce the maximum retainable amount (MRA) of skates using groundfish and halibut as basis species in the Gulf of Alaska (GOA) from 20 percent to 5 percent. Reducing skate MRAs is necessary to decrease the incentive for fishermen to target skates and slow the catch rate of skates in these fisheries. This proposed rule would enhance conservation and management of skates and minimize skate discards in GOA groundfish and halibut fisheries. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Northern Pacific Halibut Act of 1982, the Fishery Management Plan for Groundfish of the Gulf of Alaska, and other applicable laws.

Federal Register, Volume 80 Issue 132 (Friday, July 10, 2015)
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Proposed Rules]
[Pages 39734-39744]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16935]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150126078-5078-01]
RIN 0648-BE85


Fisheries of the Exclusive Economic Zone Off Alaska; Revise 
Maximum Retainable Amounts for Skates in the Gulf of Alaska

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to reduce the maximum retainable 
amount (MRA) of skates using groundfish and halibut as basis species in 
the Gulf of Alaska (GOA) from 20 percent to 5 percent. Reducing skate 
MRAs is necessary to decrease the incentive for fishermen to target 
skates and slow the catch rate of skates in these fisheries. This 
proposed rule would enhance conservation and management of skates and 
minimize skate discards in GOA groundfish and halibut fisheries. This 
proposed rule is intended to promote the goals and objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act, the Northern 
Pacific Halibut Act of 1982, the Fishery Management Plan for Groundfish 
of the Gulf of Alaska, and other applicable laws.

DATES: Comments must be received no later than August 10, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0015, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0015, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the draft Environmental Assessment/Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (collectively the 
``Analysis''), Alaska Groundfish Harvest Specifications Final 
Environmental Impact Statement (Final EIS), Supplementary Information 
Report (SIR) to the Final EIS, and the Initial Regulatory Flexibility 
Analysis (IRFA) for the Gulf of Alaska Groundfish Harvest 
Specifications for 2015 and 2016 (Harvest Specifications IRFA) prepared 
for this action are available from http://www.regulations.gov or from 
the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Peggy Murphy, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS manages the groundfish fisheries in the exclusive economic 
zone of the GOA under the Fishery Management Plan for Groundfish of the 
Gulf of Alaska (FMP). The North Pacific Fishery Management Council 
(Council) prepared the FMP under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 
U.S.C. 1801 et seq. Regulations governing groundfish fishing in the GOA 
and implementing the FMP appear at 50 CFR parts 600 and 679. The 
Council and NMFS manage skates (Raja and Bathyraja species) as a 
groundfish species under the FMP.

Background

    NMFS proposes to modify regulations that specify the MRA for skates 
in the GOA. An MRA is the maximum amount of a species closed to 
directed fishing (i.e., skate species) that may be retained onboard a 
vessel. MRAs are calculated as a percentage of the weight of catch of 
each groundfish species or halibut open to directed fishing (the basis 
species) that is retained onboard the vessel. MRAs assist in limiting 
catch of a species within its annual total allowable catch (TAC). Once 
the TAC for a species is reached, retention of that species becomes 
prohibited and all catch of that species must be discarded. NMFS closes 
a species to directed fishing before the entire TAC is taken to leave 
sufficient amounts of the TAC available for incidental catch. The 
amount of the TAC remaining available for incidental catch is managed 
by a species-specific MRA. MRAs are a management tool to slow down the 
rate of harvest and reduce the incentive for targeting a species closed 
to directed fishing. NMFS has established a single MRA percentage for 
big skate (Raja binoculata), longnose skate (Raja rhina), and for all 
remaining skate species (Bathyraja spp.). The skate MRA in the GOA is 
set at 20 percent. The proposed rule would reduce the MRA for skates

[[Page 39735]]

in the GOA from 20 percent to 5 percent. The reduced MRA would apply to 
all vessels directed fishing for groundfish species or halibut in the 
GOA. Under the proposed rule, the round weight of the retained skate 
species could be no more than 5 percent of the round weight of the 
basis species.
    The Council recommended and NMFS proposes to reduce the skate MRA 
to decrease the incentive for fishermen to target skates while directed 
fishing for groundfish and halibut, and to slow the harvest rate of 
skates in GOA groundfish and halibut fisheries. Information from recent 
years of skate catch in directed groundfish and halibut fisheries 
indicates that some fishermen have maximized their retention of skates 
early in the year by deliberately targeting them while directed fishing 
for other species. Over a period of years, the TAC of big skate and 
longnose skate has been exceeded in the Central GOA and Western GOA, 
respectively. In response, NMFS has prohibited retention of skates 
earlier in the year to reduce incentives to target skates and maintain 
catch at or below the TACs established for skate species in specific 
GOA regulatory areas. A prohibition on retention results in mandatory 
discard of all skate catch for the remainder of the year.
    This proposed rule would limit the amount of skates that could be 
retained while directed fishing for other groundfish and halibut. The 
proposed rule would slow the harvest rate of skates and would enhance 
NMFS' ability to limit the catch of skates to the skate TACs. In 
addition, the proposed rule is expected to minimize discards of skates 
by reducing the likelihood that NMFS would need to prohibit retention 
of a skate species in a GOA management area during the year to maintain 
skate catch at or below its TAC.
    This proposed rule would make four amendments to regulations. 
First, this proposed rule would amend regulations to reduce the skate 
MRA for all vessels fishing for groundfish and halibut in the GOA. This 
proposed rule would amend regulations that establish a skate MRA for 
all groundfish and halibut basis species in Table 10 to 50 CFR part 679 
and for the fisheries under the Central GOA Rockfish Program in Table 
30 to 50 CFR part 679. Second, this proposed rule would make minor 
clarifications in MRA regulations applicable to the Central GOA 
Rockfish Program. Third, this proposed rule would make minor 
corrections to incorrect cross references in regulations in Sec. Sec.  
679.7 and 679.28. Finally, this proposed rule would revise Table 2a to 
50 CFR part 679 by adding whiteblotched, Alaska, and Aleutian skates as 
well as the scientific names for individual skate species that were 
inadvertently removed by a previous rule making.
    The following sections describe (1) management of skates in the GOA 
and the fisheries that would be affected by the rule; (2) the need for 
the proposed rule; and (3) the proposed rule.

Management of Skates in the GOA and the Fisheries Affected by the 
Proposed Rule

Management of Skates in the GOA

    In the GOA, the Council and NMFS manage skates as a groundfish 
species under the FMP. Management of skates in the GOA is described in 
Section 3.1.2 of the Analysis. Big skate and longnose skate are managed 
as single species, and all other skate species are managed in the 
``other skates'' species group.
    GOA skate catches are managed subject to annual limits on the 
amounts of each species of skate, or group of skate species, that may 
be taken. The annual limits are defined in the FMP and referred to as 
``harvest specifications.'' The overfishing limits (OFLs), acceptable 
biological catch (ABCs), and TACs for skates are specified through the 
annual ``harvest specification process.'' The FMP requires that the 
Council recommend and NMFS specify these annual limits for each species 
or species group of groundfish on an annual basis. A detailed 
description of the annual harvest specification process is provided in 
the Final EIS, the SIR, and the final 2015 and 2016 harvest 
specifications for groundfish of the GOA (80 FR 10250, February 25, 
2015) and is briefly summarized here.
    Section 3.2.1 of the FMP defines the OFL as the annual amount of 
catch that results whenever a stock or stock complex is subjected to a 
level of fishing mortality or annual total catch that jeopardizes the 
capacity of a stock or stock complex to produce maximum sustainable 
yield on a continuing basis. The OFL is the catch level above which 
overfishing is occurring. NMFS manages fisheries to ensure that no OFLs 
are exceeded in any year.
    Section 3.2.1 of the FMP defines the ABC as the level of a stock or 
stock complex's annual catch that accounts for the scientific 
uncertainty in the estimate of OFL and any other scientific 
uncertainty. The ABC is set below the OFL.
    Section 3.2.1 of the FMP defines the TAC as the annual catch target 
for a stock or stock complex, derived from the ABC by considering 
social and economic factors and management uncertainty (i.e., 
uncertainty in the ability of managers to constrain catch so the annual 
catch limit is not exceeded, and uncertainty in quantifying the true 
catch amount). Section 3.2.3.4.1 of the FMP requires that the TAC must 
be set lower than or equal to the ABC. Section 3.2.3.4.3.2 of the FMP 
clarifies that TACs can be apportioned by regulatory area. There are 
three regulatory areas specified in the GOA management area: Western 
GOA, Central GOA, and Eastern GOA.
    Big skate and longnose skate have OFLs and ABCs defined for the GOA 
management area. The ABCs for big skate and longnose skate are 
apportioned to each of the regulatory areas in the GOA management area 
according to the proportion of the biomass estimated in each regulatory 
area. NMFS specifies TACs for big skate and longnose skate for the 
Western GOA, Central GOA, and Eastern GOA equal to the ABC for each of 
these regulatory areas. All other species of skates are assigned to the 
``other skates'' species group. The other skates species group has an 
OFL and ABC, and TAC specified for the GOA management area (i.e., NMFS 
does not establish separate ABCs or TACs for the Western GOA, Central 
GOA, and Eastern GOA). NMFS does not establish regulatory area-specific 
ABCs or TACs for other skates because harvest is generally more broadly 
dispersed throughout the entire GOA, and they are not generally 
retained. All retained and discarded catch of skates accrues to the 
TACs, ABCs, and OFLs specified for the species. Additional detail on 
skate biomass and harvest specifications is available in Section 3.1.1 
and 3.1.2 of the Analysis, respectively.
    NMFS ensures that OFLs, ABCs, and TACs are not exceeded by 
requiring vessel operators participating in groundfish fisheries in the 
GOA to comply with a range of restrictions, such as area, time, gear, 
and operation-specific fishery closures. Regulations at Sec.  
679.20(d)(1), (d)(2), and (d)(3) describe the range of management 
measures that NMFS uses to maintain total catch at or below the TAC.
    Regulations at Sec.  679.20(d)(1)(i) specify that NMFS may 
establish a directed fishing allowance (DFA) for a species or species 
group when any allocation or apportionment of a target species or 
species group allocated or apportioned to a fishery will be reached. 
Regulations at Sec.  679.20(d)(1)(ii)(B) specify that NMFS must also 
consider the amount of a species or species group closed to directed 
fishing that will be taken in directed fishing for other species when 
establishing a DFA. NMFS implements this provision through the annual

[[Page 39736]]

harvest specifications process by subtracting the estimated amount of 
incidental catch of a species or species group taken in directed 
fishing for other species from the TAC of that species or species 
group. If an insufficient amount of TAC is available for a directed 
fishery for that species or species group, NMFS establishes the DFA for 
that species or species group as zero metric tons (mt) and, in 
accordance with Sec.  679.20(d)(1)(iii), prohibits directed fishing for 
that species or species group.
    Directed fishing for groundfish in the GOA is defined at Sec.  
679.2 as any fishing activity that results in the retention of an 
amount of a species or species group onboard a vessel that is greater 
than the MRA for that species or species group. Therefore, when 
directed fishing for a species or species group is prohibited, 
retention of the species or species group is limited to an MRA. These 
species are referred to as incidental catch species. NMFS established 
MRAs to allow vessel operators fishing for species or species groups 
open to directed fishing to retain a specified amount of incidental 
catch species.
    NMFS has determined that the TACs specified for all skate species 
in the GOA are needed to support incidental catch of skates in other 
groundfish and halibut fisheries. As a result, there are insufficient 
TACs for these species to support directed fisheries, the DFA for 
skates is set to zero mt, and directed fishing for skates is prohibited 
at the beginning of the fishing year. When directed fishing for skates 
is prohibited, the catch of skates is limited by an MRA.
    The skate MRA is specified by basis species in Table 10 and Table 
30 to 50 CFR part 679. The skate MRA is not specified by skate species. 
Instead, the skate MRA is based on the combined round weight of all 
skate species retained onboard a vessel. A single MRA for all skates 
was established because fishermen and processors may have difficulty 
identifying skate species and may not be able to easily determine if 
they have reached an MRA for a specific skate species. Therefore, a 
separate MRA for each species would be difficult to manage and enforce. 
Additional detail on the designation of a single skate MRA is provided 
in Section 4.1 of the Analysis.
    Currently, the skate MRA for all basis species in the GOA is 20 
percent of the basis species round weight retained onboard a vessel. 
This means the maximum amount of big, longnose, and other skate species 
that may be retained onboard a vessel must not exceed 20 percent of the 
round weight of other groundfish species and halibut (basis species) 
retained onboard a vessel. For example, a vessel operator fishing 
Pacific cod, a basis species open to directed fishing, may retain big, 
longnose, and other skates in an amount up to 20 percent of the round 
weight equivalent of Pacific cod that is onboard the vessel at any 
point in time during a fishing trip.
    Amounts of skates onboard the vessel that are below or equal to the 
MRA may be retained. Amounts of skates in excess of the MRA must be 
discarded. An MRA applies at all times and to all areas for the 
duration of a fishing trip (see Sec.  679.20(e)(3)). Vessel operators 
may retain incidental catch species while directed fishing for other 
groundfish species or halibut up to the MRA percentage of the basis 
species retained catch until the TAC for the incidental catch species 
is met.
    Regulations at Sec.  679.20(d)(2) specify that if the TAC for the 
incidental catch species is met, NMFS will prohibit retention of the 
incidental catch species for the remainder of the year. Regulations at 
Sec.  679.21(b) specify that if retention of a species is prohibited, 
the operator of each vessel engaged in directed fishing for groundfish 
in the GOA must return the prohibited species to the sea immediately, 
with a minimum of injury, regardless of its condition. Therefore, when 
NMFS prohibits retention of an incidental catch species, such as 
skates, vessel operators must discard all catch of that species. The 
primary purpose of requiring discards is to remove any incentive for 
vessel operators to increase incidental catch of the species as a 
portion of other fisheries and to minimize the catch of that species.
    Although MRAs limit the incentive to target on an incidental catch 
species, fishermen can ``top off'' their retained groundfish and 
halibut catch with incidental catch species up to the maximum permitted 
under the MRA. Fishermen are top-off fishing when they deliberately 
target and retain incidental catch species up to the MRA instead of 
harvesting the species incidentally. Thus, MRAs reflect a balance 
between NMFS' need to limit the harvest rate of incidental catch 
species and minimize regulatory discards of the incidental catch 
species while providing fishermen an opportunity to harvest available 
incidental species TAC through limited retention.

Fisheries That Would Be Affected by the Proposed Rule

    Skates are caught in the GOA primarily by vessels directed fishing 
for groundfish with non-pelagic trawl gear and by vessels directed 
fishing for groundfish and halibut with hook-and-line gear. Very 
limited amounts of skates are also caught by vessels using pelagic 
trawl, pot, and jig gear in directed groundfish fisheries in the GOA. 
Section 3.1.1 of the Analysis presents detailed information on GOA 
skate catch by species, management area, gear, and target fishery for 
two time periods: From 2008 through 2012, and in 2013 and 2014. This 
information is briefly summarized below.
    Catch data are divided into these two periods, because the 
individual fishing quota (IFQ) halibut and small catcher vessel hook-
and-line Pacific cod fisheries were largely unobserved before 2013. 
Data on the incidental catch of skate species from these fisheries 
prior to 2013 is limited or not available. In 2013, the North Pacific 
Groundfish Observer Program was restructured (Restructured Observer 
Program) and observers were deployed in the IFQ halibut fishery and on 
smaller vessels (77 FR 70062, November 21, 2012). As a result, new 
observer data on skate catch were included in NMFS' catch accounting 
system. The improved observer data since 2013, and information on the 
amount of at-sea discards of skates from the IFQ halibut fishery and 
smaller hook-and-line vessels, show that an increased proportion of 
skate catch occurs on vessels using hook-and-line gear.
    Based upon NMFS' catch accounting system, big skate catch occurs 
primarily in the Central GOA. Less than one tenth of the catch comes 
from the Western GOA or the Eastern GOA. NMFS data show that from 2008 
through 2012, an average of 67 percent of the big skate catch was 
caught by vessels using non-pelagic trawl gear and 32 percent was 
caught by vessels using hook-and-line gear. During 2013 and 2104, the 
proportion of big skate catch by vessels using non-pelagic trawl gear 
decreased to 54 percent, and the proportion caught by vessels using 
hook-and-line gear increased to 46 percent. Big skate catch by vessels 
using non-pelagic trawl gear occurs predominantly in the arrowtooth 
flounder directed fishery. Big skate catch by vessels using hook-and-
line gear occurs predominantly in the Pacific cod and halibut directed 
fisheries. Less than 1 percent of the big skate catch was caught by 
vessels using other types of gear.
    The analysis indicates that congregations of big skate in the 
spring enable catcher vessel operators using non-pelagic trawl gear and 
hook-and-line gear to engage in top-off fishing. NMFS groundfish 
landings data on big skate confirm that specific areas have higher 
retention of big skate when

[[Page 39737]]

compared to other areas (see Section 3.1.3 of the Analysis).
    Longnose skate are caught predominantly in the Central GOA, with 
more limited catch in the Eastern GOA, and the least amount of catch in 
the Western GOA. NMFS data show that from 2008 through 2012, an average 
of 53 percent of the longnose skate catch was caught by vessels using 
hook-and-line gear and 44 percent was caught by vessels using non-
pelagic trawl gear. During 2013 and 2014, the proportion of longnose 
skate catch by vessels using hook-and-line gear increased to 67 
percent, and the proportion of catch by vessels using non-pelagic trawl 
gear decreased to 31 percent. Longnose skate catch by vessels using 
hook-and-line gear occurs predominantly in Pacific cod, halibut, and 
sablefish directed fisheries. Longnose skate catch by vessels using 
non-pelagic trawl gear occurs predominantly in the arrowtooth flounder 
and flatfish directed fisheries. Approximately 2 percent of the 
longnose skate catch was caught by vessels using other types of gear.
    Other skates are caught primarily in the Central GOA. From 2008 
through 2012, an average of 78 percent of the other skate catch was 
caught by vessels using hook-and-line gear, and 20 percent was caught 
by vessels using non-pelagic trawl gear. During 2013 and 2014, the 
proportion of catch of other skate catch by vessels using hook-and-line 
gear increased to 90 percent and the proportion of catch by vessels 
using non-pelagic trawl gear decreased to 10 percent. Other skate catch 
by vessels using hook-and-line gear occurs predominantly in the Pacific 
cod, halibut, and sablefish directed fisheries. Other skate catch by 
vessels using non-pelagic trawl gear occurs predominantly in the 
arrowtooth and deep-water flatfish target fisheries. Less than 1 
percent of the other skate catch was caught by vessels using other 
types of gear.

Need for the Proposed Rule

    In December 2013, the Council received public testimony that the 
current MRA for skates in the GOA allows fishermen to deliberately 
target skates while ostensibly directed fishing for other groundfish or 
halibut. This ``topping-off'' pattern of maximizing skate catch up to 
the MRA limit of 20 percent of the basis species onboard a vessel has 
increased the harvest rate of skates. In recent years, skate catch has 
exceeded the TAC in some areas. The estimated catch of big skate 
exceeded the TAC in the Central GOA in 2010, 2011, 2012, and 2013, and 
the estimated catch of longnose skates exceeded the TAC in the Western 
GOA in 2009, 2010, and 2013. The catch of other skates has not exceeded 
the TACs established for the GOA management area; however, in 2013 and 
2014, the catch of other skates was estimated at 93 percent and 98 
percent of the 2013 and 2014 TACs, respectively.
    When fishery managers estimated the big or longnose skate TACs 
would be exceeded, NMFS prohibited retention of big or longnose skates 
in the directed fisheries for groundfish and halibut and required 
discard of all big or longnose skate catch for the remainder of the 
calendar year. The earlier in the year that big or longnose skate 
retention is prohibited, the more regulatory discards of big or 
longnose skate can occur since groundfish and halibut fisheries will 
continue to catch these skates incidentally.
    The Council determined and NMFS agrees that reducing the skate MRA 
would decrease the incentive for fishermen to engage in top-off fishing 
for skates and slow the harvest rate of skates to levels that more 
accurately reflect the rate of incidental catch of skates in the 
directed groundfish and halibut fisheries in the GOA. Reducing the 
skate MRA would slow the skate harvest rate and accrual of skate catch 
against the TAC. A slower harvest rate may reduce the potential that 
NMFS will have to prohibit skate retention to avoid exceeding a skate 
species' TAC. In addition, a slower harvest rate could extend skate 
retention throughout the year and result in lower regulatory discards 
of skates.
    This proposed rule would help ensure that skate catch in the future 
does not exceed a TAC, ABC, or OFL. The Council and NMFS analyzed four 
alternative MRAs to reduce the incentive for fishermen to pursue top-
off fishing for skates and slow the rate of skate harvest. In addition 
to the status quo of an MRA of 20 percent, the Council and NMFS 
evaluated alternatives to reduce skate MRAs to 15, 10, and 5 percent. 
To estimate impacts of the alternative MRAs, the Analysis considered 
two metrics.
    First, the Analysis examined the rate of big skate catch relative 
to groundfish catch by directed fishery before and after big skate 
retention was prohibited in 2013 and 2014 (see Section 4.5.1.1 of the 
Analysis). The Analysis assumed that once big skate retention was 
prohibited by regulation, a vessel operator would not be engaging in 
top-off fishing for big skates if they were encountered while directed 
fishing for groundfish or halibut. Thus, the Analysis assumed that the 
relative catch rates of big skate after retention was prohibited were a 
reasonable estimate of the likely incidental catch rate of big skate.
    The Analysis examined big skate catch rates because they are the 
most abundant skates in the GOA and significant proportions of big 
skate catches are retained compared to the catch of longnose and other 
skates. The 2013 and 2014 period was selected for analysis because NMFS 
prohibited retention of big skates in the Central GOA during these 
years, allowing a clear comparison of changes in catch rates after 
retention was prohibited. NMFS also has more complete data on big skate 
catch rates after 2013 due to the Restructured Observer Program.
    Results from the analysis of big skate harvest rates indicate that 
after big skate retention was prohibited the harvest rate for big skate 
dropped from as much as 8.6 percent of the total groundfish and halibut 
catch to a harvest rate that ranged from 6.3 percent to 0.1 percent of 
the total groundfish and halibut catch depending on the year, gear 
type, and target fishery. These data indicate that participants in 
various target fisheries could avoid the incidental catch of big skate 
when there was not an incentive to retain big skates.
    Second, the Analysis used a model of retained skate catch of all 
skate species, in all areas and by vessels using all gear types under a 
range of hypothetical MRAs ranging from one percent to 20 percent of 
the basis species. The model allowed the Council and NMFS to compare 
the amount of retained skate catch that would be likely under these 
alternative MRAs (see Section 4.5.1.4 of the Analysis).
    Results from the model indicate that as the MRA becomes more 
restrictive, the incentive for vessel operators to engage in top-off 
fishing is reduced and overall skate catch may be reduced as fishermen 
avoid areas where skates are encountered. The model estimated that a 
reduction in the skate MRA ranging from 20 percent to 10 percent would 
have relatively limited impacts on the amount of GOA skates that are 
retained relative to the current 20 percent MRA. Therefore, NMFS 
expects reducing the MRA to 15 or 10 percent would not result in a 
significantly lower catch rate of GOA skates. The model indicates that 
reducing the skate MRA below 10 percent would be expected to result in 
more limited top-off fishing and lower overall catch of skates. The 
model indicates that a 5 percent MRA would best ensure that NMFS did 
not have to prohibit the retention of skates and that skate TACs would 
not be exceeded.
    In December 2014, following public comment and input from its 
advisory

[[Page 39738]]

bodies, the Council unanimously recommended reducing the MRA for skates 
from 20 percent to 5 percent for all basis species in the GOA. Overall, 
reducing the skate MRA would primarily affect vessel operators who 
retained big skate at an amount greater than 5 percent of their basis 
species in the Central GOA. Reducing the skate MRA to 5 percent would 
have the greatest effect on vessels retaining big skates in the Central 
GOA because big skate catches have consistently exceeded the big skate 
TAC in the Central GOA, and data indicate that vessel operators can and 
do engage in topping-off for big skates. This proposed rule would have 
a relatively limited impact on vessel retention of longnose and other 
skates given these species have not been found to congregate like big 
skates and are not currently subject to the same patterns of top-off 
fishing. This proposed rule is not likely to have significant impacts 
on the conservation or management of groundfish or halibut in the GOA 
because this proposed rule would only limit the amount of skates that 
may be retained.
    This proposed rule would affect all catcher vessels and catcher/
processors directed fishing for groundfish and halibut in the GOA that 
may harvest any species of skate. Section 4.6.1.1 of the Analysis 
estimates the annual revenue at risk for all catcher vessels and 
catcher/processors that could be affected by this proposed rule at $2.4 
million. However, the impact relative to each vessel that retains 
skates in the GOA is quite small. Analysis of the gross revenue data 
for vessels that retained GOA skates indicates that from 2008 through 
2013 the average percentage of annual gross revenue derived from skate 
catch by catcher vessels ranged between 0.7 percent and 1.28 percent of 
their total annual gross revenue; the average percentage of annual 
gross revenue derived from skate catch by catcher/processors ranged 
between 0.26 percent and 0.77 percent of their total annual gross 
revenue (see Section 4.6.1.1 of the Analysis). In general, vessels that 
catch and retain skates show relatively little dependence on GOA skates 
for their gross revenues. The actual impact on gross revenue for a 
specific vessel may vary from year to year depending on the total 
abundance of skates, total catch of skates, market conditions, and ex-
vessel price. Section 4.5.1.4 of the Analysis describes the effect of 
the 5 percent MRA on specific vessel operations in greater detail.
    The impact of this proposed rule on communities is discussed in 
Section 4.6.2 of the Analysis. Impacts would be most pronounced on 
Kodiak, AK, where, from 2008 through 2014, 87 percent to 93 percent of 
skates retained by catcher vessels were delivered. Kodiak accounted for 
between 84 percent and 91 percent of the first wholesale value of 
shoreside skate processing in Alaska, which ranged between $3.2 and 
$5.1 million annually. Skates accounted for between 0.98 percent and 
1.38 percent of the first wholesale value of production at Kodiak.
    Although this proposed rule could limit the total amount of skates 
delivered, it is also possible that skate deliveries would continue 
under the 5 percent MRA, but would be distributed throughout the year 
provided a TAC limit is not reached. Therefore, the impact on total 
landings on any community may be limited. Communities in the State of 
Alaska where skates and processed skate products are landed may realize 
lower tax revenues from the State of Alaska Fisheries Business Tax and 
Fishery Resource Landing Tax, but only if total skate landings decline.

Proposed Rule

    This proposed rule would make four changes to the regulations. 
First, this proposed rule would revise skate MRAs in Table 10 to 50 CFR 
part 679, Gulf of Alaska Retainable Percentages, and in Table 30 to 50 
CFR part 679, Rockfish Program Retainable Percentages. NMFS would 
reduce the incidental catch species MRAs for skates for each basis 
species listed in Tables 10 and 30 from 20 percent to 5 percent. NMFS 
notes the basis species termed ``Aggregated amount of non-groundfish 
species'' includes all legally retained IFQ halibut as explained in 
footnote 12 to Table 10. If the proposed reductions in skate MRAs are 
approved, then skate MRAs would be set equal to 5 percent in Tables 10 
and 30 on the effective date of the final rule.
    Second, this proposed rule would correct two regulatory cross-
reference errors. These errors resulted from reorganizing and 
renumbering the Federal Fisheries Permit requirements in Sec.  679.4(b) 
and were implemented in a final rule published on October 21, 2014 (79 
FR 62885). Current regulations at Sec.  679.7(a)(18) and Sec.  
679.28(f)(6)(i) incorrectly refer to the FFP requirements at Sec.  
679.4(b)(5)(vi), a paragraph that no longer exists. This proposed rule 
would correct those cross references to Sec.  679.4(b).
    Third, this proposed rule would modify regulatory text to clarify 
that a vessel fishing under a Rockfish Program cooperative quota (CQ) 
permit may harvest groundfish species not allocated as CQ up to the MRA 
for that species as established in Table 30 to 50 CFR part 679. This 
proposed rule would remove the last sentence in regulations at Sec.  
679.20(f)(2), because the sentence makes an incorrect statement. The 
heading in the last column in Table 30 correctly states that the MRA 
for vessels fishing under the Rockfish Program is calculated as ``a 
percentage of total retained rockfish primary species and rockfish 
secondary species''. This proposed rule would correct this discrepancy 
by removing the last sentence of Sec.  679.20(f)(2). The current 
regulations at Sec.  679.81(h)(4)(i) and (h)(5) use the term 
``incidental catch species'' in the calculation of an MRA to refer to 
``groundfish species not allocated as cooperative quota (CQ).'' This 
proposed rule would add the referenced text to Sec.  679.81(h)(4)(i) 
and (h)(5) to ensure consistent use of terminology in the regulations.
    Fourth, this proposed rule would revise Table 2a to 50 CFR part 679 
to add whiteblotched, Alaska, and Aleutian skates, as well as the 
scientific names for individual skate species. Adding these individual 
skate species and the scientific names would facilitate the reporting 
of individual skate species taken during groundfish harvest and 
provides more detailed information regarding skate harvests for stock 
assessments and fisheries management. This revision would support 
managing skates as a target species group or as individual target 
species. These skate species and scientific names were added to Table 
2a in final regulations implementing changes to groundfish management 
in the BSAI and GOA on October 6, 2010 (75 FR 61639). Subsequent 
regulations published on July 11, 2011 (76 FR 40628), amended Table 2a 
to 50 CFR part 679 and that revision inadvertently removed the skate 
species codes implemented on October 6, 2010. The proposed addition of 
these skate species and scientific names would correct this error that 
was noticed during the preparation of this proposed rule. The proposed 
addition of species codes does not change the management of skates or 
the other provisions of this proposed rule.

Classification

    Pursuant to sections 304 (b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this 
proposed rule is consistent with the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.

[[Page 39739]]

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

Initial Regulatory Flexibility Analysis

    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A copy of the Analysis is available from 
NMFS (see ADDRESSES). A summary of the IRFA follows. A description of 
the proposed rule, why it is being considered, and the legal basis for 
this proposed rule are contained elsewhere in the preamble, and are not 
repeated here.
    This proposed rule, a reduction in GOA skate MRAs, directly 
regulates all entities fishing for groundfish and halibut in the GOA 
that have the potential to catch any species of skate. These entities 
operate vessels that are directly regulated by the GOA groundfish 
harvest specifications.
    On June 12, 2014, the Small Business Administration issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33647, June 12, 
2014). The rule increased the size standard for Finfish Fishing from 
$19.0 million to $20.5 million. The new size standards were used to 
prepare the IRFA for this proposed rule.
    The IRFA estimates that this proposed rule would directly regulate 
1,153 small entities. Of these small entities, the IRFA estimates that 
this proposed rule would directly regulate 1,073 small catcher vessels 
fishing with hook-and-line gear (including jig gear), 116 small catcher 
vessels fishing with pot gear, and 32 small catcher vessels fishing 
with trawl gear. In addition, this proposed rule would directly 
regulate 2 small catcher/processors fishing with hook-and-line gear, 
and one small catcher/processor fishing with trawl gear. Specific 
revenue data for these small catcher/processors are confidential but 
are less than $20.5 million annually. The IRFA estimates that the 
average gross revenues for 2013 (the most recent year of complete 
revenue data) are $380,000 for small hook-and-line catcher vessels, 
$960,000 for small pot catcher vessels, and $2.8 million for small 
trawl catcher vessels.
    This proposed rule does not create new recordkeeping and reporting 
requirements, or alter existing requirements.
    The IRFA prepared for this proposed rule has not identified Federal 
rules that duplicate, overlap, or conflict with the preferred 
alternative (a 5 percent MRA).
    An IRFA should include a description of any significant 
alternatives to the proposed rule that accomplish the stated 
objectives, are consistent with applicable statutes, and that would 
minimize the significant economic impact of the proposed rule on small 
entities.
    The Council and NMFS considered four alternatives in the 
development of this proposed rule. This proposed rule would implement 
Alternative 4, a 5 percent skate MRA. The significant alternatives to 
this proposed rule are Alternatives 1, 2, and 3, a 20 percent, 15 
percent, and 10 percent skate MRA, respectively. As discussed in 
Section 4.7 and 4.8 of the Analysis, these proposed alternatives are 
not expected to reduce the incentive for fishermen to target and retain 
skates and thus, would not accomplish the objectives of this proposed 
rule--to slow the harvest rate of skates that may be incidentally 
retained to ensure that the TACs for skate species are not exceeded. 
The Analysis did not identify any other alternatives that would more 
effectively meet the RFA criteria to minimize adverse economic impacts 
on directly regulated small entities.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries.

    Dated: July 7, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 679 as follows:

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

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

0
2. In Sec.  679.7, revise paragraph (a)(18) to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (a) * * *
    (18) Pollock, Pacific Cod, and Atka Mackerel Directed Fishing and 
VMS. Operate a vessel in any Federal reporting area when a vessel is 
authorized under Sec.  679.4(b) to participate in the Atka mackerel, 
Pacific cod, or pollock directed fisheries and the vessel's authorized 
species and gear type is open to directed fishing, unless the vessel 
carries an operable NMFS-approved Vessel Monitoring System (VMS) and 
complies with the requirements in Sec.  679.28(f).
* * * * *
0
3. In Sec.  679.20, revise paragraph (f)(2) to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (f) * * *
    (2) Retainable amounts. Any groundfish species for which directed 
fishing is closed may not be used to calculate retainable amounts of 
other groundfish species. Only fish harvested under the CDQ Program may 
be used to calculate retainable amounts of other CDQ species.
* * * * *
0
4. In Sec.  679.28, revise paragraph (f)(6)(i) to read as follows:


Sec.  679.28  Equipment and operational requirements.

* * * * *
    (f) * * *
    (6) * * *
    (i) You operate a vessel in any reporting area (see definitions at 
Sec.  679.2) off Alaska while any fishery requiring VMS, for which the 
vessel has a species and gear endorsement on its Federal Fisheries 
Permit under Sec.  679.4(b), is open.
* * * * *
0
5. In Sec.  679.81, revise paragraphs (h)(4)(i) and (h)(5) introductory 
text to read as follows:


Sec.  679.81  Rockfish Program annual harvester privileges.

* * * * *
    (h) * * *
    (4) * * *
    (i) The MRA for groundfish species not allocated as CQ (incidental 
catch species) for vessels fishing under the authority of a CQ permit 
is calculated as a proportion of the total allocated rockfish primary 
species and rockfish secondary species on board the vessel in round 
weight equivalents using the retainable percentage in Table 30 to this 
part; except that--
* * * * *
    (5) Maximum retainable amount (MRA) calculation and limits--
catcher/processor vessels. The MRA for groundfish species not allocated 
as CQ (incidental catch species) for vessels fishing under the 
authority of a CQ permit is calculated as a proportion of the total 
allocated rockfish primary species and rockfish secondary species on 
board the vessel in round weight equivalents using the retainable 
percentage in Table 30 to this part as determined under Sec.  
679.20(e)(3)(iv).
* * * * *

[[Page 39740]]

0
6. Revise Table 2a to part 679 to read as follows:

           Table 2a to Part 679--Species Codes: FMP Groundfish
------------------------------------------------------------------------
                       Species description                         Code
------------------------------------------------------------------------
Atka mackerel (greenling).......................................     193
Flatfish, miscellaneous (flatfish species without separate           120
 codes).........................................................
FLOUNDER:
  Alaska plaice.................................................     133
  Arrowtooth....................................................     121
  Bering........................................................     116
  Kamchatka.....................................................     117
  Starry........................................................     129
Octopus, North Pacific..........................................     870
Pacific cod.....................................................     110
Pollock.........................................................     270
ROCKFISH:
  Aurora (Sebastes aurora)......................................     185
  Black (BSAI) (S. melanops)....................................     142
  Blackgill (S. melanostomus)...................................     177
  Blue (BSAI) (S. mystinus).....................................     167
  Bocaccio (S. paucispinis).....................................     137
  Canary (S. pinniger)..........................................     146
  Chilipepper (S. goodei).......................................     178
  China (S. nebulosus)..........................................     149
  Copper (S. caurinus)..........................................     138
  Darkblotched (S. crameri).....................................     159
  Dusky (S. variabilis).........................................     172
  Greenstriped (S. elongatus)...................................     135
  Harlequin (S. variegatus).....................................     176
  Northern (S. polyspinis)......................................     136
  Pacific Ocean Perch (S. alutus)...............................     141
  Pygmy (S. wilsoni)............................................     179
  Quillback (S. maliger)........................................     147
  Redbanded (S. babcocki).......................................     153
  Redstripe (S. proriger).......................................     158
  Rosethorn (S. helvomaculatus).................................     150
  Rougheye (S. aleutianus)......................................     151
  Sharpchin (S. zacentrus)......................................     166
  Shortbelly (S. jordani).......................................     181
  Shortraker (S. borealis)......................................     152
  Silvergray (S. brevispinis)...................................     157
  Splitnose (S. diploproa)......................................     182
  Stripetail (S. saxicola)......................................     183
  Thornyhead (all Sebastolobus species).........................     143
  Tiger (S. nigrocinctus).......................................     148
  Vermilion (S. miniatus).......................................     184
  Widow (S. entomelas)..........................................     156
  Yelloweye (S. ruberrimus).....................................     145
  Yellowmouth (S. reedi)........................................     175
  Yellowtail (S. flavidus)......................................     155
Sablefish (blackcod)............................................     710
Sculpins........................................................     160
SHARKS:
  Other (if salmon, spiny dogfish or Pacific sleeper shark--use      689
   specific species code).......................................
  Pacific sleeper...............................................     692
  Salmon........................................................     690
  Spiny dogfish.................................................     691
SKATES:
  Whiteblotched (Bathyraja maculata)............................     705
  Aleutian (B. aleutica)........................................     704
  Alaska (B. parmifera).........................................     703
  Big (Raja binoculata).........................................     702
  Longnose (R. rhina)...........................................     701
  Other (if Whiteblotched, Aleutian, Alaska, Big or Longnose         700
   skate--use specific species code listed above)...............
SOLE:
  Butter........................................................     126
  Dover.........................................................     124
  English.......................................................     128
  Flathead......................................................     122
  Petrale.......................................................     131
  Rex...........................................................     125
  Rock..........................................................     123
  Sand..........................................................     132
  Yellowfin.....................................................     127
Squid, majestic.................................................     875
Turbot, Greenland...............................................     134
------------------------------------------------------------------------

0
7. Revise Table 10 to part 679 to read as follows:

[[Page 39741]]

[GRAPHIC] [TIFF OMITTED] TP10JY15.009


[[Page 39742]]


[GRAPHIC] [TIFF OMITTED] TP10JY15.010


[[Page 39743]]


[GRAPHIC] [TIFF OMITTED] TP10JY15.011


[[Page 39744]]


0
8. Revise Table 30 to part 679 to read as follows:

                          Table 30 to Part 679--Rockfish Program Retainable Percentages
                                            [In round wt. equivalent]
----------------------------------------------------------------------------------------------------------------
                                                                                                    MRA as a
                                                                                                 percentage of
                                                                                                 total retained
                Fishery                   Incidental catch species            Sector            rockfish primary
                                                                                                  species and
                                                                                                    rockfish
                                                                                               secondary species
----------------------------------------------------------------------------------------------------------------
Rockfish Cooperative Vessels fishing     Pacific cod..............  Catcher/Processor........                4.0
 under a CQ permit.                      Shortraker/Rougheye        Catcher Vessel...........                2.0
                                          aggregate catch.
                                        ------------------------------------------------------------------------
                                                 See rockfish non-allocated species for ``other species''
                                        ------------------------------------------------------------------------
Rockfish non-allocated Species for       Pollock..................  Catcher/Processor and                   20.0
 Rockfish Cooperative vessels fishing    Deep-water flatfish......   Catcher Vessel.                        20.0
 under a Rockfish CQ permit.             Rex sole.................  Catcher/Processor and                   20.0
                                                                     Catcher Vessel.
                                                                    Catcher/Processor and
                                                                     Catcher Vessel.
                                         Flathead sole............  Catcher/Processor and                   20.0
                                                                     Catcher Vessel.
                                         Shallow-water flatfish...  Catcher/Processor and                   20.0
                                                                     Catcher Vessel.
                                         Arrowtooth flounder......  Catcher/Processor and                   35.0
                                                                     Catcher Vessel.
                                         Other rockfish...........  Catcher/Processor and                   15.0
                                                                     Catcher Vessel.
                                         Atka mackerel............  Catcher/Processor and                   20.0
                                                                     Catcher Vessel.
                                         Aggregated forage fish...  Catcher/Processor and                    2.0
                                                                     Catcher Vessel.
                                         Skates...................  Catcher/Processor and                    5.0
                                                                     Catcher Vessel.
                                         Other species............  Catcher/Processor and                   20.0
                                                                     Catcher Vessel.
                                        ------------------------------------------------------------------------
Longline gear Rockfish Entry Level                              See Table 10 to this part.
 Fishery.
Opt-out vessels........................                         See Table 10 to this part.
Rockfish Cooperative Vessels not                                See Table 10 to this part.
 fishing under a CQ permit.
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2015-16935 Filed 7-9-15; 8:45 am]
BILLING CODE 3510-22-P



                                                    39734                      Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Proposed Rules

                                                    observer coverage is providing more                      Atmospheric Administration (NOAA),                    Specifications Final Environmental
                                                    data for quota management and                            Commerce.                                             Impact Statement (Final EIS),
                                                    assessment science than was available                    ACTION: Proposed rule; request for                    Supplementary Information Report (SIR)
                                                    to NMFS prior to implementation of                       comments.                                             to the Final EIS, and the Initial
                                                    Amendment 16.                                                                                                  Regulatory Flexibility Analysis (IRFA)
                                                       On February 18, 2014, in Oceana, Inc.                 SUMMARY:    NMFS proposes regulations to              for the Gulf of Alaska Groundfish
                                                    v. Pritzker, 1:13–cv–00770 (D.D.C.                       reduce the maximum retainable amount                  Harvest Specifications for 2015 and
                                                    2014), the Court upheld our use of a 30-                 (MRA) of skates using groundfish and                  2016 (Harvest Specifications IRFA)
                                                    percent CV standard to set sector                        halibut as basis species in the Gulf of               prepared for this action are available
                                                    observer coverage levels. In addition to                 Alaska (GOA) from 20 percent to 5                     from http://www.regulations.gov or from
                                                    upholding our determination of                           percent. Reducing skate MRAs is                       the NMFS Alaska Region Web site at
                                                    sufficient coverage levels, the Court                    necessary to decrease the incentive for               http://alaskafisheries.noaa.gov.
                                                    noted that the current sector observer                   fishermen to target skates and slow the               FOR FURTHER INFORMATION CONTACT:
                                                    coverage is not the sole method of                       catch rate of skates in these fisheries.              Peggy Murphy, 907–586–7228.
                                                    monitoring compliance with ACLs,                         This proposed rule would enhance
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                                    there are many reporting requirements                    conservation and management of skates
                                                    that vessels adhere to, and there are                    and minimize skate discards in GOA                    Authority for Action
                                                    strong incentives for vessels to report                  groundfish and halibut fisheries. This                   NMFS manages the groundfish
                                                    accurately because each sector is held                   proposed rule is intended to promote                  fisheries in the exclusive economic zone
                                                    jointly and severally liable for overages                the goals and objectives of the                       of the GOA under the Fishery
                                                    and misreporting of catch and bycatch.                   Magnuson-Stevens Fishery                              Management Plan for Groundfish of the
                                                                                                             Conservation and Management Act, the                  Gulf of Alaska (FMP). The North Pacific
                                                    Conclusion
                                                                                                             Northern Pacific Halibut Act of 1982,                 Fishery Management Council (Council)
                                                      We remain concerned about the status                   the Fishery Management Plan for
                                                    of GOM cod, but have determined that                                                                           prepared the FMP under the authority of
                                                                                                             Groundfish of the Gulf of Alaska, and                 the Magnuson-Stevens Fishery
                                                    the current FMP, as adjusted by                          other applicable laws.
                                                    Framework 53, along with recreational                                                                          Conservation and Management Act
                                                                                                             DATES: Comments must be received no                   (Magnuson-Stevens Act), 16 U.S.C. 1801
                                                    measures and planned future Council                      later than August 10, 2015.
                                                    and agency actions, provide the                                                                                et seq. Regulations governing groundfish
                                                                                                             ADDRESSES: You may submit comments                    fishing in the GOA and implementing
                                                    appropriate regulatory mechanisms for
                                                                                                             on this document, identified by NOAA–                 the FMP appear at 50 CFR parts 600 and
                                                    addressing the concerns regarding this
                                                                                                             NMFS–2015–0015, by any of the                         679. The Council and NMFS manage
                                                    stock that were raised in the petition for
                                                                                                             following methods:                                    skates (Raja and Bathyraja species) as a
                                                    rulemaking. We will continue to
                                                                                                                • Electronic Submission: Submit all                groundfish species under the FMP.
                                                    carefully monitor stock indicators
                                                                                                             electronic public comments via the
                                                    leading into the 2015 assessment to                                                                            Background
                                                                                                             Federal e-Rulemaking Portal. Go to
                                                    fully inform our re-evaluation of the
                                                                                                             www.regulations.gov/                                     NMFS proposes to modify regulations
                                                    GOM cod catch limit, and the need to
                                                                                                             #!docketDetail;D=NOAA-NMFS-2015-                      that specify the MRA for skates in the
                                                    balance conservation and management
                                                                                                             0015, click the ‘‘Comment Now!’’ icon,                GOA. An MRA is the maximum amount
                                                    objectives. Therefore, we are denying
                                                                                                             complete the required fields, and enter               of a species closed to directed fishing
                                                    this petition; no other rulemaking is
                                                                                                             or attach your comments.                              (i.e., skate species) that may be retained
                                                    necessary in response to the petition for
                                                                                                                • Mail: Submit written comments to                 onboard a vessel. MRAs are calculated
                                                    rulemaking.
                                                                                                             Glenn Merrill, Assistant Regional                     as a percentage of the weight of catch of
                                                       Authority: 16 U.S.C. 1801 et seq.                     Administrator, Sustainable Fisheries                  each groundfish species or halibut open
                                                      Dated: July 6, 2015.                                   Division, Alaska Region NMFS, Attn:                   to directed fishing (the basis species)
                                                    Samuel D. Rauch III,                                     Ellen Sebastian. Mail comments to P.O.                that is retained onboard the vessel.
                                                    Deputy Assistant Administrator for                       Box 21668, Juneau, AK 99802–1668.                     MRAs assist in limiting catch of a
                                                    Regulatory Programs, National Marine                        Instructions: Comments sent by any                 species within its annual total allowable
                                                    Fisheries Service.                                       other method, to any other address or                 catch (TAC). Once the TAC for a species
                                                    [FR Doc. 2015–16891 Filed 7–9–15; 8:45 am]               individual, or received after the end of              is reached, retention of that species
                                                    BILLING CODE 3510–22–P                                   the comment period, may not be                        becomes prohibited and all catch of that
                                                                                                             considered by NMFS. All comments                      species must be discarded. NMFS closes
                                                                                                             received are a part of the public record              a species to directed fishing before the
                                                    DEPARTMENT OF COMMERCE                                   and will generally be posted for public               entire TAC is taken to leave sufficient
                                                                                                             viewing on www.regulations.gov                        amounts of the TAC available for
                                                    National Oceanic and Atmospheric                         without change. All personal identifying              incidental catch. The amount of the
                                                    Administration                                           information (e.g., name, address),                    TAC remaining available for incidental
                                                                                                             confidential business information, or                 catch is managed by a species-specific
                                                    50 CFR Part 679                                          otherwise sensitive information                       MRA. MRAs are a management tool to
                                                    [Docket No. 150126078–5078–01]                           submitted voluntarily by the sender will              slow down the rate of harvest and
                                                                                                             be publicly accessible. NMFS will                     reduce the incentive for targeting a
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    RIN 0648–BE85                                            accept anonymous comments (enter ‘‘N/                 species closed to directed fishing.
                                                                                                             A’’ in the required fields if you wish to             NMFS has established a single MRA
                                                    Fisheries of the Exclusive Economic
                                                                                                             remain anonymous).                                    percentage for big skate (Raja
                                                    Zone Off Alaska; Revise Maximum
                                                                                                                Electronic copies of the draft                     binoculata), longnose skate (Raja rhina),
                                                    Retainable Amounts for Skates in the
                                                                                                             Environmental Assessment/Regulatory                   and for all remaining skate species
                                                    Gulf of Alaska
                                                                                                             Impact Review/Initial Regulatory                      (Bathyraja spp.). The skate MRA in the
                                                    AGENCY:  National Marine Fisheries                       Flexibility Analysis (collectively the                GOA is set at 20 percent. The proposed
                                                    Service (NMFS), National Oceanic and                     ‘‘Analysis’’), Alaska Groundfish Harvest              rule would reduce the MRA for skates


                                               VerDate Sep<11>2014   17:25 Jul 09, 2015   Jkt 235001   PO 00000   Frm 00016   Fmt 4702   Sfmt 4702   E:\FR\FM\10JYP1.SGM   10JYP1


                                                                               Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Proposed Rules                                           39735

                                                    in the GOA from 20 percent to 5                          individual skate species that were                    ability of managers to constrain catch so
                                                    percent. The reduced MRA would apply                     inadvertently removed by a previous                   the annual catch limit is not exceeded,
                                                    to all vessels directed fishing for                      rule making.                                          and uncertainty in quantifying the true
                                                    groundfish species or halibut in the                       The following sections describe (1)                 catch amount). Section 3.2.3.4.1 of the
                                                    GOA. Under the proposed rule, the                        management of skates in the GOA and                   FMP requires that the TAC must be set
                                                    round weight of the retained skate                       the fisheries that would be affected by               lower than or equal to the ABC. Section
                                                    species could be no more than 5 percent                  the rule; (2) the need for the proposed               3.2.3.4.3.2 of the FMP clarifies that
                                                    of the round weight of the basis species.                rule; and (3) the proposed rule.                      TACs can be apportioned by regulatory
                                                       The Council recommended and                                                                                 area. There are three regulatory areas
                                                    NMFS proposes to reduce the skate                        Management of Skates in the GOA and                   specified in the GOA management area:
                                                    MRA to decrease the incentive for                        the Fisheries Affected by the Proposed                Western GOA, Central GOA, and
                                                    fishermen to target skates while directed                Rule                                                  Eastern GOA.
                                                    fishing for groundfish and halibut, and                  Management of Skates in the GOA                          Big skate and longnose skate have
                                                    to slow the harvest rate of skates in GOA                                                                      OFLs and ABCs defined for the GOA
                                                                                                                In the GOA, the Council and NMFS
                                                    groundfish and halibut fisheries.                                                                              management area. The ABCs for big
                                                                                                             manage skates as a groundfish species
                                                    Information from recent years of skate                                                                         skate and longnose skate are
                                                                                                             under the FMP. Management of skates                   apportioned to each of the regulatory
                                                    catch in directed groundfish and halibut
                                                    fisheries indicates that some fishermen                  in the GOA is described in Section 3.1.2              areas in the GOA management area
                                                    have maximized their retention of skates                 of the Analysis. Big skate and longnose               according to the proportion of the
                                                    early in the year by deliberately                        skate are managed as single species, and              biomass estimated in each regulatory
                                                    targeting them while directed fishing for                all other skate species are managed in                area. NMFS specifies TACs for big skate
                                                    other species. Over a period of years, the               the ‘‘other skates’’ species group.                   and longnose skate for the Western
                                                    TAC of big skate and longnose skate has                     GOA skate catches are managed                      GOA, Central GOA, and Eastern GOA
                                                    been exceeded in the Central GOA and                     subject to annual limits on the amounts               equal to the ABC for each of these
                                                    Western GOA, respectively. In response,                  of each species of skate, or group of                 regulatory areas. All other species of
                                                    NMFS has prohibited retention of skates                  skate species, that may be taken. The                 skates are assigned to the ‘‘other skates’’
                                                    earlier in the year to reduce incentives                 annual limits are defined in the FMP                  species group. The other skates species
                                                    to target skates and maintain catch at or                and referred to as ‘‘harvest                          group has an OFL and ABC, and TAC
                                                    below the TACs established for skate                     specifications.’’ The overfishing limits              specified for the GOA management area
                                                    species in specific GOA regulatory                       (OFLs), acceptable biological catch                   (i.e., NMFS does not establish separate
                                                    areas. A prohibition on retention results                (ABCs), and TACs for skates are                       ABCs or TACs for the Western GOA,
                                                    in mandatory discard of all skate catch                  specified through the annual ‘‘harvest                Central GOA, and Eastern GOA). NMFS
                                                    for the remainder of the year.                           specification process.’’ The FMP                      does not establish regulatory area-
                                                       This proposed rule would limit the                    requires that the Council recommend                   specific ABCs or TACs for other skates
                                                    amount of skates that could be retained                  and NMFS specify these annual limits                  because harvest is generally more
                                                    while directed fishing for other                         for each species or species group of                  broadly dispersed throughout the entire
                                                    groundfish and halibut. The proposed                     groundfish on an annual basis. A                      GOA, and they are not generally
                                                    rule would slow the harvest rate of                      detailed description of the annual                    retained. All retained and discarded
                                                    skates and would enhance NMFS’                           harvest specification process is                      catch of skates accrues to the TACs,
                                                    ability to limit the catch of skates to the              provided in the Final EIS, the SIR, and               ABCs, and OFLs specified for the
                                                    skate TACs. In addition, the proposed                    the final 2015 and 2016 harvest                       species. Additional detail on skate
                                                    rule is expected to minimize discards of                 specifications for groundfish of the GOA              biomass and harvest specifications is
                                                    skates by reducing the likelihood that                   (80 FR 10250, February 25, 2015) and is               available in Section 3.1.1 and 3.1.2 of
                                                    NMFS would need to prohibit retention                    briefly summarized here.                              the Analysis, respectively.
                                                    of a skate species in a GOA management                      Section 3.2.1 of the FMP defines the                  NMFS ensures that OFLs, ABCs, and
                                                    area during the year to maintain skate                   OFL as the annual amount of catch that                TACs are not exceeded by requiring
                                                    catch at or below its TAC.                               results whenever a stock or stock                     vessel operators participating in
                                                       This proposed rule would make four                    complex is subjected to a level of fishing            groundfish fisheries in the GOA to
                                                    amendments to regulations. First, this                   mortality or annual total catch that                  comply with a range of restrictions,
                                                    proposed rule would amend regulations                    jeopardizes the capacity of a stock or                such as area, time, gear, and operation-
                                                    to reduce the skate MRA for all vessels                  stock complex to produce maximum                      specific fishery closures. Regulations at
                                                    fishing for groundfish and halibut in the                sustainable yield on a continuing basis.              § 679.20(d)(1), (d)(2), and (d)(3) describe
                                                    GOA. This proposed rule would amend                      The OFL is the catch level above which                the range of management measures that
                                                    regulations that establish a skate MRA                   overfishing is occurring. NMFS manages                NMFS uses to maintain total catch at or
                                                    for all groundfish and halibut basis                     fisheries to ensure that no OFLs are                  below the TAC.
                                                    species in Table 10 to 50 CFR part 679                   exceeded in any year.                                    Regulations at § 679.20(d)(1)(i) specify
                                                    and for the fisheries under the Central                     Section 3.2.1 of the FMP defines the               that NMFS may establish a directed
                                                    GOA Rockfish Program in Table 30 to 50                   ABC as the level of a stock or stock                  fishing allowance (DFA) for a species or
                                                    CFR part 679. Second, this proposed                      complex’s annual catch that accounts                  species group when any allocation or
                                                    rule would make minor clarifications in                  for the scientific uncertainty in the                 apportionment of a target species or
                                                    MRA regulations applicable to the                        estimate of OFL and any other scientific              species group allocated or apportioned
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                                                    Central GOA Rockfish Program. Third,                     uncertainty. The ABC is set below the                 to a fishery will be reached. Regulations
                                                    this proposed rule would make minor                      OFL.                                                  at § 679.20(d)(1)(ii)(B) specify that
                                                    corrections to incorrect cross references                   Section 3.2.1 of the FMP defines the               NMFS must also consider the amount of
                                                    in regulations in §§ 679.7 and 679.28.                   TAC as the annual catch target for a                  a species or species group closed to
                                                    Finally, this proposed rule would revise                 stock or stock complex, derived from                  directed fishing that will be taken in
                                                    Table 2a to 50 CFR part 679 by adding                    the ABC by considering social and                     directed fishing for other species when
                                                    whiteblotched, Alaska, and Aleutian                      economic factors and management                       establishing a DFA. NMFS implements
                                                    skates as well as the scientific names for               uncertainty (i.e., uncertainty in the                 this provision through the annual


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                                                    39736                      Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Proposed Rules

                                                    harvest specifications process by                        species) retained onboard a vessel. For               groundfish and halibut with hook-and-
                                                    subtracting the estimated amount of                      example, a vessel operator fishing                    line gear. Very limited amounts of
                                                    incidental catch of a species or species                 Pacific cod, a basis species open to                  skates are also caught by vessels using
                                                    group taken in directed fishing for other                directed fishing, may retain big,                     pelagic trawl, pot, and jig gear in
                                                    species from the TAC of that species or                  longnose, and other skates in an amount               directed groundfish fisheries in the
                                                    species group. If an insufficient amount                 up to 20 percent of the round weight                  GOA. Section 3.1.1 of the Analysis
                                                    of TAC is available for a directed fishery               equivalent of Pacific cod that is onboard             presents detailed information on GOA
                                                    for that species or species group, NMFS                  the vessel at any point in time during a              skate catch by species, management
                                                    establishes the DFA for that species or                  fishing trip.                                         area, gear, and target fishery for two
                                                    species group as zero metric tons (mt)                      Amounts of skates onboard the vessel               time periods: From 2008 through 2012,
                                                    and, in accordance with                                  that are below or equal to the MRA may                and in 2013 and 2014. This information
                                                    § 679.20(d)(1)(iii), prohibits directed                  be retained. Amounts of skates in excess              is briefly summarized below.
                                                    fishing for that species or species group.               of the MRA must be discarded. An MRA                     Catch data are divided into these two
                                                       Directed fishing for groundfish in the                applies at all times and to all areas for             periods, because the individual fishing
                                                    GOA is defined at § 679.2 as any fishing                 the duration of a fishing trip (see                   quota (IFQ) halibut and small catcher
                                                    activity that results in the retention of                § 679.20(e)(3)). Vessel operators may                 vessel hook-and-line Pacific cod
                                                    an amount of a species or species group                  retain incidental catch species while                 fisheries were largely unobserved before
                                                    onboard a vessel that is greater than the                directed fishing for other groundfish                 2013. Data on the incidental catch of
                                                    MRA for that species or species group.                   species or halibut up to the MRA                      skate species from these fisheries prior
                                                    Therefore, when directed fishing for a                   percentage of the basis species retained              to 2013 is limited or not available. In
                                                    species or species group is prohibited,                  catch until the TAC for the incidental                2013, the North Pacific Groundfish
                                                    retention of the species or species group                catch species is met.                                 Observer Program was restructured
                                                    is limited to an MRA. These species are                     Regulations at § 679.20(d)(2) specify              (Restructured Observer Program) and
                                                    referred to as incidental catch species.                 that if the TAC for the incidental catch              observers were deployed in the IFQ
                                                    NMFS established MRAs to allow vessel                    species is met, NMFS will prohibit                    halibut fishery and on smaller vessels
                                                    operators fishing for species or species                 retention of the incidental catch species             (77 FR 70062, November 21, 2012). As
                                                    groups open to directed fishing to retain                for the remainder of the year.                        a result, new observer data on skate
                                                    a specified amount of incidental catch                   Regulations at § 679.21(b) specify that if            catch were included in NMFS’ catch
                                                    species.                                                 retention of a species is prohibited, the             accounting system. The improved
                                                       NMFS has determined that the TACs                     operator of each vessel engaged in                    observer data since 2013, and
                                                    specified for all skate species in the                   directed fishing for groundfish in the                information on the amount of at-sea
                                                    GOA are needed to support incidental                     GOA must return the prohibited species                discards of skates from the IFQ halibut
                                                    catch of skates in other groundfish and                  to the sea immediately, with a minimum                fishery and smaller hook-and-line
                                                    halibut fisheries. As a result, there are                of injury, regardless of its condition.               vessels, show that an increased
                                                    insufficient TACs for these species to                   Therefore, when NMFS prohibits                        proportion of skate catch occurs on
                                                    support directed fisheries, the DFA for                  retention of an incidental catch species,             vessels using hook-and-line gear.
                                                    skates is set to zero mt, and directed                   such as skates, vessel operators must                    Based upon NMFS’ catch accounting
                                                    fishing for skates is prohibited at the                  discard all catch of that species. The                system, big skate catch occurs primarily
                                                    beginning of the fishing year. When                      primary purpose of requiring discards is              in the Central GOA. Less than one tenth
                                                    directed fishing for skates is prohibited,               to remove any incentive for vessel                    of the catch comes from the Western
                                                    the catch of skates is limited by an                     operators to increase incidental catch of             GOA or the Eastern GOA. NMFS data
                                                    MRA.                                                     the species as a portion of other                     show that from 2008 through 2012, an
                                                       The skate MRA is specified by basis                   fisheries and to minimize the catch of                average of 67 percent of the big skate
                                                    species in Table 10 and Table 30 to 50                   that species.                                         catch was caught by vessels using non-
                                                    CFR part 679. The skate MRA is not                          Although MRAs limit the incentive to               pelagic trawl gear and 32 percent was
                                                    specified by skate species. Instead, the                 target on an incidental catch species,                caught by vessels using hook-and-line
                                                    skate MRA is based on the combined                       fishermen can ‘‘top off’’ their retained              gear. During 2013 and 2104, the
                                                    round weight of all skate species                        groundfish and halibut catch with                     proportion of big skate catch by vessels
                                                    retained onboard a vessel. A single MRA                  incidental catch species up to the                    using non-pelagic trawl gear decreased
                                                    for all skates was established because                   maximum permitted under the MRA.                      to 54 percent, and the proportion caught
                                                    fishermen and processors may have                        Fishermen are top-off fishing when they               by vessels using hook-and-line gear
                                                    difficulty identifying skate species and                 deliberately target and retain incidental             increased to 46 percent. Big skate catch
                                                    may not be able to easily determine if                   catch species up to the MRA instead of                by vessels using non-pelagic trawl gear
                                                    they have reached an MRA for a specific                  harvesting the species incidentally.                  occurs predominantly in the arrowtooth
                                                    skate species. Therefore, a separate                     Thus, MRAs reflect a balance between                  flounder directed fishery. Big skate
                                                    MRA for each species would be difficult                  NMFS’ need to limit the harvest rate of               catch by vessels using hook-and-line
                                                    to manage and enforce. Additional                        incidental catch species and minimize                 gear occurs predominantly in the Pacific
                                                    detail on the designation of a single                    regulatory discards of the incidental                 cod and halibut directed fisheries. Less
                                                    skate MRA is provided in Section 4.1 of                  catch species while providing fishermen               than 1 percent of the big skate catch was
                                                    the Analysis.                                            an opportunity to harvest available                   caught by vessels using other types of
                                                       Currently, the skate MRA for all basis                                                                      gear.
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                                                                                                             incidental species TAC through limited
                                                    species in the GOA is 20 percent of the                  retention.                                               The analysis indicates that
                                                    basis species round weight retained                                                                            congregations of big skate in the spring
                                                    onboard a vessel. This means the                         Fisheries That Would Be Affected by the               enable catcher vessel operators using
                                                    maximum amount of big, longnose, and                     Proposed Rule                                         non-pelagic trawl gear and hook-and-
                                                    other skate species that may be retained                   Skates are caught in the GOA                        line gear to engage in top-off fishing.
                                                    onboard a vessel must not exceed 20                      primarily by vessels directed fishing for             NMFS groundfish landings data on big
                                                    percent of the round weight of other                     groundfish with non-pelagic trawl gear                skate confirm that specific areas have
                                                    groundfish species and halibut (basis                    and by vessels directed fishing for                   higher retention of big skate when


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                                                                               Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Proposed Rules                                           39737

                                                    compared to other areas (see Section                     TAC in the Western GOA in 2009, 2010,                 prohibited were a reasonable estimate of
                                                    3.1.3 of the Analysis).                                  and 2013. The catch of other skates has               the likely incidental catch rate of big
                                                       Longnose skate are caught                             not exceeded the TACs established for                 skate.
                                                    predominantly in the Central GOA, with                   the GOA management area; however, in                     The Analysis examined big skate
                                                    more limited catch in the Eastern GOA,                   2013 and 2014, the catch of other skates              catch rates because they are the most
                                                    and the least amount of catch in the                     was estimated at 93 percent and 98                    abundant skates in the GOA and
                                                    Western GOA. NMFS data show that                         percent of the 2013 and 2014 TACs,                    significant proportions of big skate
                                                    from 2008 through 2012, an average of                    respectively.                                         catches are retained compared to the
                                                    53 percent of the longnose skate catch                      When fishery managers estimated the                catch of longnose and other skates. The
                                                    was caught by vessels using hook-and-                    big or longnose skate TACs would be                   2013 and 2014 period was selected for
                                                    line gear and 44 percent was caught by                   exceeded, NMFS prohibited retention of                analysis because NMFS prohibited
                                                    vessels using non-pelagic trawl gear.                    big or longnose skates in the directed                retention of big skates in the Central
                                                    During 2013 and 2014, the proportion of                  fisheries for groundfish and halibut and              GOA during these years, allowing a
                                                    longnose skate catch by vessels using                    required discard of all big or longnose               clear comparison of changes in catch
                                                    hook-and-line gear increased to 67                       skate catch for the remainder of the                  rates after retention was prohibited.
                                                    percent, and the proportion of catch by                  calendar year. The earlier in the year                NMFS also has more complete data on
                                                    vessels using non-pelagic trawl gear                     that big or longnose skate retention is               big skate catch rates after 2013 due to
                                                    decreased to 31 percent. Longnose skate                  prohibited, the more regulatory discards              the Restructured Observer Program.
                                                    catch by vessels using hook-and-line                     of big or longnose skate can occur since                 Results from the analysis of big skate
                                                    gear occurs predominantly in Pacific                     groundfish and halibut fisheries will                 harvest rates indicate that after big skate
                                                    cod, halibut, and sablefish directed                     continue to catch these skates                        retention was prohibited the harvest rate
                                                    fisheries. Longnose skate catch by                       incidentally.                                         for big skate dropped from as much as
                                                    vessels using non-pelagic trawl gear                        The Council determined and NMFS                    8.6 percent of the total groundfish and
                                                    occurs predominantly in the arrowtooth                   agrees that reducing the skate MRA                    halibut catch to a harvest rate that
                                                    flounder and flatfish directed fisheries.                would decrease the incentive for                      ranged from 6.3 percent to 0.1 percent
                                                    Approximately 2 percent of the                           fishermen to engage in top-off fishing                of the total groundfish and halibut catch
                                                    longnose skate catch was caught by                       for skates and slow the harvest rate of               depending on the year, gear type, and
                                                    vessels using other types of gear.                       skates to levels that more accurately                 target fishery. These data indicate that
                                                       Other skates are caught primarily in                  reflect the rate of incidental catch of               participants in various target fisheries
                                                    the Central GOA. From 2008 through                       skates in the directed groundfish and                 could avoid the incidental catch of big
                                                    2012, an average of 78 percent of the                    halibut fisheries in the GOA. Reducing                skate when there was not an incentive
                                                    other skate catch was caught by vessels                  the skate MRA would slow the skate                    to retain big skates.
                                                    using hook-and-line gear, and 20                         harvest rate and accrual of skate catch                  Second, the Analysis used a model of
                                                    percent was caught by vessels using                      against the TAC. A slower harvest rate                retained skate catch of all skate species,
                                                    non-pelagic trawl gear. During 2013 and                  may reduce the potential that NMFS                    in all areas and by vessels using all gear
                                                    2014, the proportion of catch of other                   will have to prohibit skate retention to              types under a range of hypothetical
                                                    skate catch by vessels using hook-and-                   avoid exceeding a skate species’ TAC. In              MRAs ranging from one percent to 20
                                                    line gear increased to 90 percent and the                addition, a slower harvest rate could                 percent of the basis species. The model
                                                    proportion of catch by vessels using                     extend skate retention throughout the                 allowed the Council and NMFS to
                                                    non-pelagic trawl gear decreased to 10                   year and result in lower regulatory                   compare the amount of retained skate
                                                    percent. Other skate catch by vessels                    discards of skates.                                   catch that would be likely under these
                                                    using hook-and-line gear occurs                             This proposed rule would help ensure               alternative MRAs (see Section 4.5.1.4 of
                                                    predominantly in the Pacific cod,                        that skate catch in the future does not               the Analysis).
                                                    halibut, and sablefish directed fisheries.               exceed a TAC, ABC, or OFL. The                           Results from the model indicate that
                                                    Other skate catch by vessels using non-                  Council and NMFS analyzed four                        as the MRA becomes more restrictive,
                                                    pelagic trawl gear occurs predominantly                  alternative MRAs to reduce the                        the incentive for vessel operators to
                                                    in the arrowtooth and deep-water                         incentive for fishermen to pursue top-off             engage in top-off fishing is reduced and
                                                    flatfish target fisheries. Less than 1                   fishing for skates and slow the rate of               overall skate catch may be reduced as
                                                    percent of the other skate catch was                     skate harvest. In addition to the status              fishermen avoid areas where skates are
                                                    caught by vessels using other types of                   quo of an MRA of 20 percent, the                      encountered. The model estimated that
                                                    gear.                                                    Council and NMFS evaluated                            a reduction in the skate MRA ranging
                                                                                                             alternatives to reduce skate MRAs to 15,              from 20 percent to 10 percent would
                                                    Need for the Proposed Rule                               10, and 5 percent. To estimate impacts                have relatively limited impacts on the
                                                       In December 2013, the Council                         of the alternative MRAs, the Analysis                 amount of GOA skates that are retained
                                                    received public testimony that the                       considered two metrics.                               relative to the current 20 percent MRA.
                                                    current MRA for skates in the GOA                           First, the Analysis examined the rate              Therefore, NMFS expects reducing the
                                                    allows fishermen to deliberately target                  of big skate catch relative to groundfish             MRA to 15 or 10 percent would not
                                                    skates while ostensibly directed fishing                 catch by directed fishery before and                  result in a significantly lower catch rate
                                                    for other groundfish or halibut. This                    after big skate retention was prohibited              of GOA skates. The model indicates that
                                                    ‘‘topping-off’’ pattern of maximizing                    in 2013 and 2014 (see Section 4.5.1.1 of              reducing the skate MRA below 10
                                                    skate catch up to the MRA limit of 20                    the Analysis). The Analysis assumed                   percent would be expected to result in
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                                                    percent of the basis species onboard a                   that once big skate retention was                     more limited top-off fishing and lower
                                                    vessel has increased the harvest rate of                 prohibited by regulation, a vessel                    overall catch of skates. The model
                                                    skates. In recent years, skate catch has                 operator would not be engaging in top-                indicates that a 5 percent MRA would
                                                    exceeded the TAC in some areas. The                      off fishing for big skates if they were               best ensure that NMFS did not have to
                                                    estimated catch of big skate exceeded                    encountered while directed fishing for                prohibit the retention of skates and that
                                                    the TAC in the Central GOA in 2010,                      groundfish or halibut. Thus, the                      skate TACs would not be exceeded.
                                                    2011, 2012, and 2013, and the estimated                  Analysis assumed that the relative catch                 In December 2014, following public
                                                    catch of longnose skates exceeded the                    rates of big skate after retention was                comment and input from its advisory


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                                                    39738                      Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Proposed Rules

                                                    bodies, the Council unanimously                          where, from 2008 through 2014, 87                     as CQ up to the MRA for that species as
                                                    recommended reducing the MRA for                         percent to 93 percent of skates retained              established in Table 30 to 50 CFR part
                                                    skates from 20 percent to 5 percent for                  by catcher vessels were delivered.                    679. This proposed rule would remove
                                                    all basis species in the GOA. Overall,                   Kodiak accounted for between 84                       the last sentence in regulations at
                                                    reducing the skate MRA would                             percent and 91 percent of the first                   § 679.20(f)(2), because the sentence
                                                    primarily affect vessel operators who                    wholesale value of shoreside skate                    makes an incorrect statement. The
                                                    retained big skate at an amount greater                  processing in Alaska, which ranged                    heading in the last column in Table 30
                                                    than 5 percent of their basis species in                 between $3.2 and $5.1 million annually.               correctly states that the MRA for vessels
                                                    the Central GOA. Reducing the skate                      Skates accounted for between 0.98                     fishing under the Rockfish Program is
                                                    MRA to 5 percent would have the                          percent and 1.38 percent of the first                 calculated as ‘‘a percentage of total
                                                    greatest effect on vessels retaining big                 wholesale value of production at                      retained rockfish primary species and
                                                    skates in the Central GOA because big                    Kodiak.                                               rockfish secondary species’’. This
                                                    skate catches have consistently                            Although this proposed rule could                   proposed rule would correct this
                                                    exceeded the big skate TAC in the                        limit the total amount of skates                      discrepancy by removing the last
                                                    Central GOA, and data indicate that                      delivered, it is also possible that skate             sentence of § 679.20(f)(2). The current
                                                    vessel operators can and do engage in                    deliveries would continue under the 5                 regulations at § 679.81(h)(4)(i) and (h)(5)
                                                    topping-off for big skates. This proposed                percent MRA, but would be distributed                 use the term ‘‘incidental catch species’’
                                                    rule would have a relatively limited                     throughout the year provided a TAC                    in the calculation of an MRA to refer to
                                                    impact on vessel retention of longnose                   limit is not reached. Therefore, the                  ‘‘groundfish species not allocated as
                                                    and other skates given these species                     impact on total landings on any                       cooperative quota (CQ).’’ This proposed
                                                    have not been found to congregate like                   community may be limited.                             rule would add the referenced text to
                                                    big skates and are not currently subject                 Communities in the State of Alaska                    § 679.81(h)(4)(i) and (h)(5) to ensure
                                                    to the same patterns of top-off fishing.                 where skates and processed skate                      consistent use of terminology in the
                                                    This proposed rule is not likely to have                 products are landed may realize lower                 regulations.
                                                    significant impacts on the conservation                  tax revenues from the State of Alaska
                                                                                                                                                                      Fourth, this proposed rule would
                                                    or management of groundfish or halibut                   Fisheries Business Tax and Fishery
                                                                                                                                                                   revise Table 2a to 50 CFR part 679 to
                                                    in the GOA because this proposed rule                    Resource Landing Tax, but only if total
                                                                                                                                                                   add whiteblotched, Alaska, and
                                                    would only limit the amount of skates                    skate landings decline.
                                                                                                                                                                   Aleutian skates, as well as the scientific
                                                    that may be retained.                                    Proposed Rule                                         names for individual skate species.
                                                       This proposed rule would affect all
                                                                                                                This proposed rule would make four                 Adding these individual skate species
                                                    catcher vessels and catcher/processors
                                                                                                             changes to the regulations. First, this               and the scientific names would facilitate
                                                    directed fishing for groundfish and
                                                                                                             proposed rule would revise skate MRAs                 the reporting of individual skate species
                                                    halibut in the GOA that may harvest any
                                                                                                             in Table 10 to 50 CFR part 679, Gulf of               taken during groundfish harvest and
                                                    species of skate. Section 4.6.1.1 of the
                                                    Analysis estimates the annual revenue                    Alaska Retainable Percentages, and in                 provides more detailed information
                                                    at risk for all catcher vessels and                      Table 30 to 50 CFR part 679, Rockfish                 regarding skate harvests for stock
                                                    catcher/processors that could be                         Program Retainable Percentages. NMFS                  assessments and fisheries management.
                                                    affected by this proposed rule at $2.4                   would reduce the incidental catch                     This revision would support managing
                                                    million. However, the impact relative to                 species MRAs for skates for each basis                skates as a target species group or as
                                                    each vessel that retains skates in the                   species listed in Tables 10 and 30 from               individual target species. These skate
                                                    GOA is quite small. Analysis of the                      20 percent to 5 percent. NMFS notes the               species and scientific names were added
                                                    gross revenue data for vessels that                      basis species termed ‘‘Aggregated                     to Table 2a in final regulations
                                                    retained GOA skates indicates that from                  amount of non-groundfish species’’                    implementing changes to groundfish
                                                    2008 through 2013 the average                            includes all legally retained IFQ halibut             management in the BSAI and GOA on
                                                    percentage of annual gross revenue                       as explained in footnote 12 to Table 10.              October 6, 2010 (75 FR 61639).
                                                    derived from skate catch by catcher                      If the proposed reductions in skate                   Subsequent regulations published on
                                                    vessels ranged between 0.7 percent and                   MRAs are approved, then skate MRAs                    July 11, 2011 (76 FR 40628), amended
                                                    1.28 percent of their total annual gross                 would be set equal to 5 percent in                    Table 2a to 50 CFR part 679 and that
                                                    revenue; the average percentage of                       Tables 10 and 30 on the effective date                revision inadvertently removed the
                                                    annual gross revenue derived from skate                  of the final rule.                                    skate species codes implemented on
                                                    catch by catcher/processors ranged                          Second, this proposed rule would                   October 6, 2010. The proposed addition
                                                    between 0.26 percent and 0.77 percent                    correct two regulatory cross-reference                of these skate species and scientific
                                                    of their total annual gross revenue (see                 errors. These errors resulted from                    names would correct this error that was
                                                    Section 4.6.1.1 of the Analysis). In                     reorganizing and renumbering the                      noticed during the preparation of this
                                                    general, vessels that catch and retain                   Federal Fisheries Permit requirements                 proposed rule. The proposed addition of
                                                    skates show relatively little dependence                 in § 679.4(b) and were implemented in                 species codes does not change the
                                                    on GOA skates for their gross revenues.                  a final rule published on October 21,                 management of skates or the other
                                                    The actual impact on gross revenue for                   2014 (79 FR 62885). Current regulations               provisions of this proposed rule.
                                                    a specific vessel may vary from year to                  at § 679.7(a)(18) and § 679.28(f)(6)(i)               Classification
                                                    year depending on the total abundance                    incorrectly refer to the FFP
                                                                                                             requirements at § 679.4(b)(5)(vi), a                    Pursuant to sections 304 (b)(1)(A) and
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                                                    of skates, total catch of skates, market
                                                    conditions, and ex-vessel price. Section                 paragraph that no longer exists. This                 305(d) of the Magnuson-Stevens Act, the
                                                    4.5.1.4 of the Analysis describes the                    proposed rule would correct those cross               NMFS Assistant Administrator has
                                                    effect of the 5 percent MRA on specific                  references to § 679.4(b).                             determined that this proposed rule is
                                                    vessel operations in greater detail.                        Third, this proposed rule would                    consistent with the FMP, other
                                                       The impact of this proposed rule on                   modify regulatory text to clarify that a              provisions of the Magnuson-Stevens
                                                    communities is discussed in Section                      vessel fishing under a Rockfish Program               Act, and other applicable law, subject to
                                                    4.6.2 of the Analysis. Impacts would be                  cooperative quota (CQ) permit may                     further consideration after public
                                                    most pronounced on Kodiak, AK,                           harvest groundfish species not allocated              comment.


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                                                                               Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Proposed Rules                                            39739

                                                      This proposed rule has been                               An IRFA should include a description               (VMS) and complies with the
                                                    determined to be not significant for                     of any significant alternatives to the                requirements in § 679.28(f).
                                                    purposes of Executive Order 12866.                       proposed rule that accomplish the                     *     *     *      *    *
                                                                                                             stated objectives, are consistent with                ■ 3. In § 679.20, revise paragraph (f)(2)
                                                    Initial Regulatory Flexibility Analysis
                                                                                                             applicable statutes, and that would                   to read as follows:
                                                       NMFS prepared an Initial Regulatory                   minimize the significant economic
                                                    Flexibility Analysis (IRFA) as required                  impact of the proposed rule on small                  § 679.20    General limitations.
                                                    by section 603 of the Regulatory                         entities.                                             *      *      *    *      *
                                                    Flexibility Act (RFA). The IRFA                             The Council and NMFS considered                       (f) * * *
                                                    describes the economic impact this                       four alternatives in the development of                  (2) Retainable amounts. Any
                                                    proposed rule, if adopted, would have                    this proposed rule. This proposed rule                groundfish species for which directed
                                                    on small entities. A copy of the Analysis                would implement Alternative 4, a 5                    fishing is closed may not be used to
                                                    is available from NMFS (see                              percent skate MRA. The significant                    calculate retainable amounts of other
                                                    ADDRESSES). A summary of the IRFA                        alternatives to this proposed rule are                groundfish species. Only fish harvested
                                                    follows. A description of the proposed                   Alternatives 1, 2, and 3, a 20 percent, 15            under the CDQ Program may be used to
                                                    rule, why it is being considered, and the                percent, and 10 percent skate MRA,                    calculate retainable amounts of other
                                                    legal basis for this proposed rule are                   respectively. As discussed in Section                 CDQ species.
                                                    contained elsewhere in the preamble,                     4.7 and 4.8 of the Analysis, these                    *      *      *    *      *
                                                    and are not repeated here.                               proposed alternatives are not expected                ■ 4. In § 679.28, revise paragraph
                                                       This proposed rule, a reduction in                    to reduce the incentive for fishermen to
                                                    GOA skate MRAs, directly regulates all                                                                         (f)(6)(i) to read as follows:
                                                                                                             target and retain skates and thus, would
                                                    entities fishing for groundfish and                      not accomplish the objectives of this                 § 679.28 Equipment and operational
                                                    halibut in the GOA that have the                         proposed rule—to slow the harvest rate                requirements.
                                                    potential to catch any species of skate.                 of skates that may be incidentally                    *     *     *      *     *
                                                    These entities operate vessels that are                  retained to ensure that the TACs for                    (f) * * *
                                                    directly regulated by the GOA                            skate species are not exceeded. The                     (6) * * *
                                                    groundfish harvest specifications.                       Analysis did not identify any other                     (i) You operate a vessel in any
                                                       On June 12, 2014, the Small Business                  alternatives that would more effectively              reporting area (see definitions at § 679.2)
                                                    Administration issued an interim final                   meet the RFA criteria to minimize                     off Alaska while any fishery requiring
                                                    rule revising the small business size                    adverse economic impacts on directly                  VMS, for which the vessel has a species
                                                    standards for several industries effective               regulated small entities.                             and gear endorsement on its Federal
                                                    July 14, 2014 (79 FR 33647, June 12,
                                                                                                                                                                   Fisheries Permit under § 679.4(b), is
                                                    2014). The rule increased the size                       List of Subjects in 50 CFR Part 679
                                                                                                                                                                   open.
                                                    standard for Finfish Fishing from $19.0                    Alaska, Fisheries.
                                                    million to $20.5 million. The new size                                                                         *     *     *      *     *
                                                                                                               Dated: July 7, 2015.                                ■ 5. In § 679.81, revise paragraphs
                                                    standards were used to prepare the
                                                    IRFA for this proposed rule.                             Samuel D. Rauch III,                                  (h)(4)(i) and (h)(5) introductory text to
                                                       The IRFA estimates that this proposed                 Deputy Assistant Administrator for                    read as follows:
                                                    rule would directly regulate 1,153 small                 Regulatory Programs, National Marine
                                                                                                             Fisheries Service.                                    § 679.81 Rockfish Program annual
                                                    entities. Of these small entities, the                                                                         harvester privileges.
                                                    IRFA estimates that this proposed rule                     For the reasons set out in the
                                                                                                             preamble, NMFS proposes to amend 50                   *      *     *    *     *
                                                    would directly regulate 1,073 small                                                                               (h) * * *
                                                    catcher vessels fishing with hook-and-                   CFR part 679 as follows:
                                                                                                                                                                      (4) * * *
                                                    line gear (including jig gear), 116 small                PART 679—FISHERIES OF THE                                (i) The MRA for groundfish species
                                                    catcher vessels fishing with pot gear,                   EXCLUSIVE ECONOMIC ZONE OFF                           not allocated as CQ (incidental catch
                                                    and 32 small catcher vessels fishing                     ALASKA                                                species) for vessels fishing under the
                                                    with trawl gear. In addition, this                                                                             authority of a CQ permit is calculated as
                                                    proposed rule would directly regulate 2                  ■ 1. The authority citation for part 679              a proportion of the total allocated
                                                    small catcher/processors fishing with                    continues to read as follows:                         rockfish primary species and rockfish
                                                    hook-and-line gear, and one small                          Authority: 16 U.S.C. 773 et seq.; 1801 et           secondary species on board the vessel in
                                                    catcher/processor fishing with trawl                     seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.          round weight equivalents using the
                                                    gear. Specific revenue data for these                    111–281.                                              retainable percentage in Table 30 to this
                                                    small catcher/processors are                             ■ 2. In § 679.7, revise paragraph (a)(18)             part; except that—
                                                    confidential but are less than $20.5                     to read as follows:
                                                    million annually. The IRFA estimates                                                                           *      *     *    *     *
                                                    that the average gross revenues for 2013                 § 679.7   Prohibitions.                                  (5) Maximum retainable amount
                                                    (the most recent year of complete                        *     *     *     *    *                              (MRA) calculation and limits—catcher/
                                                    revenue data) are $380,000 for small                       (a) * * *                                           processor vessels. The MRA for
                                                    hook-and-line catcher vessels, $960,000                    (18) Pollock, Pacific Cod, and Atka                 groundfish species not allocated as CQ
                                                    for small pot catcher vessels, and $2.8                  Mackerel Directed Fishing and VMS.                    (incidental catch species) for vessels
                                                                                                             Operate a vessel in any Federal                       fishing under the authority of a CQ
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                                                    million for small trawl catcher vessels.
                                                       This proposed rule does not create                    reporting area when a vessel is                       permit is calculated as a proportion of
                                                    new recordkeeping and reporting                          authorized under § 679.4(b) to                        the total allocated rockfish primary
                                                    requirements, or alter existing                          participate in the Atka mackerel, Pacific             species and rockfish secondary species
                                                    requirements.                                            cod, or pollock directed fisheries and                on board the vessel in round weight
                                                       The IRFA prepared for this proposed                   the vessel’s authorized species and gear              equivalents using the retainable
                                                    rule has not identified Federal rules that               type is open to directed fishing, unless              percentage in Table 30 to this part as
                                                    duplicate, overlap, or conflict with the                 the vessel carries an operable NMFS-                  determined under § 679.20(e)(3)(iv).
                                                    preferred alternative (a 5 percent MRA).                 approved Vessel Monitoring System                     *      *     *    *     *


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                                                    39740                              Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Proposed Rules

                                                    ■ 6. Revise Table 2a to part 679 to read                               TABLE 2A TO PART 679—SPECIES                                    TABLE 2A TO PART 679—SPECIES
                                                    as follows:                                                            CODES: FMP GROUNDFISH—Contin-                                   CODES: FMP GROUNDFISH—Contin-
                                                                                                                           ued                                                             ued
                                                        TABLE 2A TO PART 679—SPECIES
                                                           CODES: FMP GROUNDFISH                                                   Species description                          Code                Species description                           Code

                                                                 Species description                           Code     Northern (S. polyspinis) ..................              136     Pacific sleeper .................................         692
                                                                                                                        Pacific Ocean Perch (S. alutus) .....                    141     Salmon ............................................       690
                                                    Atka mackerel (greenling) ..................                193     Pygmy (S. wilsoni) ..........................            179     Spiny dogfish ..................................          691
                                                    Flatfish, miscellaneous (flatfish spe-                              Quillback (S. maliger) .....................             147   SKATES:
                                                      cies without separate codes) ..........                   120     Redbanded (S. babcocki) ...............                  153     Whiteblotched (Bathyraja maculata)                        705
                                                    FLOUNDER:                                                           Redstripe (S. proriger) ....................             158     Aleutian (B. aleutica) .......................            704
                                                      Alaska plaice ...................................         133     Rosethorn (S. helvomaculatus) ......                     150     Alaska (B. parmifera) ......................              703
                                                      Arrowtooth .......................................        121     Rougheye (S. aleutianus) ...............                 151     Big (Raja binoculata) ......................              702
                                                      Bering ..............................................     116     Sharpchin (S. zacentrus) ................                166     Longnose (R. rhina) ........................              701
                                                      Kamchatka ......................................          117     Shortbelly (S. jordani) .....................            181     Other (if Whiteblotched, Aleutian,
                                                      Starry ...............................................    129     Shortraker (S. borealis) ...................             152       Alaska, Big or Longnose skate—
                                                    Octopus, North Pacific ........................             870     Silvergray (S. brevispinis) ...............              157       use specific species code listed
                                                    Pacific cod ..........................................      110     Splitnose (S. diploproa) ..................              182       above) ..........................................       700
                                                    Pollock ................................................    270     Stripetail (S. saxicola) .....................           183   SOLE:
                                                    ROCKFISH:                                                           Thornyhead (all Sebastolobus spe-                                Butter ...............................................    126
                                                      Aurora (Sebastes aurora) ...............                  185       cies) .............................................    143     Dover ...............................................     124
                                                      Black (BSAI) (S. melanops) ............                   142     Tiger (S. nigrocinctus) .....................            148     English ............................................      128
                                                      Blackgill (S. melanostomus) ...........                   177     Vermilion (S. miniatus) ....................             184     Flathead ..........................................       122
                                                      Blue (BSAI) (S. mystinus) ...............                 167     Widow (S. entomelas) .....................               156     Petrale .............................................     131
                                                      Bocaccio (S. paucispinis) ................                137     Yelloweye (S. ruberrimus) ..............                 145     Rex ..................................................    125
                                                      Canary (S. pinniger) ........................             146     Yellowmouth (S. reedi) ...................               175     Rock ................................................     123
                                                      Chilipepper (S. goodei) ...................               178     Yellowtail (S. flavidus) .....................           155     Sand ................................................     132
                                                      China (S. nebulosus) ......................               149   Sablefish (blackcod) ...........................           710     Yellowfin ..........................................      127
                                                      Copper (S. caurinus) .......................              138   Sculpins ..............................................    160   Squid, majestic ...................................         875
                                                      Darkblotched (S. crameri) ...............                 159   SHARKS:                                                          Turbot, Greenland ..............................            134
                                                      Dusky (S. variabilis) ........................            172     Other (if salmon, spiny dogfish or
                                                      Greenstriped (S. elongatus) ............                  135       Pacific sleeper shark—use spe-                               ■ 7. Revise Table 10 to part 679 to read
                                                      Harlequin (S. variegatus) ................                176       cific species code) .......................            689   as follows:
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         Table 10 to Part 679—Gulf of Alaska Retainable Percentages

              BASIS                                        INCIDENTAL CATCH SPECIES (for DSR caught on catcher vessels in the SEO, see § 679.20 (j)°)                                            E
             SPECIES                                                                                                                                                                             3
                                                                                                                              DSR                  Aggregated              Other    Grenadiers
                                                                                                                                                                                          C      E.
                      .                 Pacilic     DW      Rex     |Flathead   SW     Arrow—         .   |Aggregated SR/RE   SEO         Atka       forage     Slf%t)cs   specie       as        75
Code             Species        Pollock             Flat                        Flat            Sablefish          ®   ERA    |(C/Ps                  ca1, 10      ‘                              c
                                          cod        @      |sole      sole      i3     tooth              rockfish     n     only)     mackerel     fish                    (s\                 icX
                                                                                                                                                                             7                   .
                                                                                                                               (6)
                                                                                                                                _                                                                led

110           [Pacific cod        20        nma?®   20      20         20       20       35        1          5        &       10         20           2           5        20          8        4
121           |Arrowlooth        5            s     20|     20         20       20      wa         1         5         0        0         20           2           5        20          8        3
122           |Flathead sole_|__20           20     20      20         a        20      35         7         15        7        [         20           P           5        20          8        n
125           Rex sole          20           20     20      wa         |__20    20      35         7         15        7        1         20           2           5        20          8        ®
136           ?;‘;Eflfign        20           20     20      20         20       20      35         7         15        7        1         20           2           5        20          8        z
                                                                                                                                                                                                 O

141           P';‘fclflc 0ceaM     99         20     20      20         20       20       35        7         15        7            1     20           2           5        20          8        =
143           |Thormyhead         _|__20     20     20      20         20       20       35        7         13        7            1     20           2           5        20          8        C
 2                                                                                                                                                                                               "
152/
151
               (Shortraker/
              frougheye >
                                  20         20     20      20         20       20       35        7         15       ma            1     20           2           5        20          8        3.
                                                                                                                                                                                                 o
     —                                                                                                                 t
193           g;i?(erel           20         z20    |20     |20        20       20       3s        1          5                10         mwa          2           s        20          8        <
                                                                                                                                                                                                 hn

270 __|Pollock                    n/a        20     20      20         20       20       35        1         3         D       10         20           2           5        20          8        5
710 |Sablefish                    20         20     20      20         20       20       353      wa         15        7        1         20           7           5        20          8        _
':Vl;g':h deep—                   20         20     ma      20         20       20       35        7         15        7        1         20           2           5        20          8        >
                                                                                                                                                                                                 D
         —              L


Flfgfgh shallow                   20         20     20      20         20       |wma     35        1          5        0@      10         20           2           5        20          8        5
                                                                                                                         —
                                                                                                                                                                                                 O




Rockfish, other _                 20         20     20      20         20       20       35        7         15        7            [     20           P           5        20          8        5
Rockfish, pelagic ©               __|__20    20     20      20         20       20       35        7         15        7            1     20           2           5        20          8        5
Rockfish, DSR—SEO                   ,,       »0     |z0     |20        20       20       35        7         15        7       mwa        20           2           s        20          8        &
Skates®"                          20         20     20      20         20       20       35        1          5        D       10         20           2         n/a        20          8        ;
|Other species                    20         20     20      20         20       20       35        1          5        0)      10         20           2          5         n/a         8        2,
|Aggregated amount                                                                                                       .                                                              8        2
lof non—groundfish                20         20     20      20         20       20       35        1          5        a)      10         20           2           5        20
pecies!*



                                                                                                                                                                                                 &o
                                                                                                                                                                                                 &
                                                                                                                                                                                                 c
                                                                                                                                                                                                 B
                                                                                                                                                                                                 juus


                                                                                                                                                                                 CPLGE
                                                                                                                                                                 samy pasodoid/SIOZ ‘OT 4nf ‘Aepuyg/zET ‘ON ‘08 ‘TOA/4ojst8ay peapaq
Notes to Table 10 to Part 679
1 Shortraker/rougheye rockfish
               SR/RE          Shortraker rockfish (152)
                              Rougheye rockfish (151)
                SR/RE ERA      Shortraker/rougheye rockfish in the Eastern Regulatory Area (ERA).
    Where numerical percenta   e is not indicated, the retainable percentage of SR/RE is included under Aggregated Rockfish
2   Decp—water flatfish        Dover sole, Greenland turbot, and deep—sca sole
    Shallow—water flatfish     Flatfish not including deep—water flatfish, flathead sole, rex sole, or arrowtooth flounder
o




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 (aurota)                     S. variegates (harlequin)                              8. brevispinis (silvergrey)
                               S. melanostomus (blackgill)            S. wilsoni (pygmy)                                     S. diploproa (splitnose)
                               S. paucispinis (bocaccio)              S. hahcocki (redbanded)                                S. saxicola (stripetail)
                               S. goodei (chilipepper)                S. proriger (redstripe)                                S. miniatus (vermilion)
                               S. crameri (darkblotch)                S. zacentrus (sharpchin)
                                                                                                                             S. reedi (yellowmouth)
                               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 (yellowtail)
6   Demersal shelf             S. pinniger (canary)                   S. maliger (quillback)
                                                                                                                             S. ruberrimus (yelloweye)
    rockfish (DSR)             S. nebulosus (china)                   S. helvomaculatus (rosethorn)
                               8. caurinus (copper)                   S. nigrocinetus (tiger)
                               DSR—SEO = Demersal shell rockfishin the Southeast Ouiside District (SEO)(see § 679.7(b)(4) and § 679.20(J)).
7   Other species              Sculpins                             | Octopus                    | Sharks                         | 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 numerical percentage
                               Eastern Regulatory Arca                where SR/RE is a separate category for those speciecs marked with a numerical percentage


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                                                                                                                                                                                                       Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Proposed Rules
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                             Noles lo Table 10 lo Parl679
                             9    nla                        I Not applicable
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                             10 Aggregated forage fish (all species of the following taxa)
                                                          Bristlemouths, lightfishes, and anglemouths (family Gonostomatidae)                209
                                                          Capelin smelt (family Osmeridae)                                                   516
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                                                          Deep-sea smells (family BathylaRidae)                                              773
                                                          Eulachon smelt (family Osmeridae)                                                  511
                                                          Gunnels (family Pholidae)                                                          207
                                                          Krill (order P.uphausiacea)                                                        800
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                                                          Laternfishes (family Myctophidae)                                                  772
                                                          Pacific Sand fish (family Trichodontidae)                                          206
                                                          Pacific Sand lance (family Ammodvtidae)                                            774
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                                                          Pricklebacks, war-bom1els, eelblemrys, cockscombs and Shmmys (family
                                                                                                                                             208
                                                          Stichaeidae)
                                                          Surf smell (familv Osmeridae)                                                      515
E:\FR\FM\10JYP1.SGM




                             11      Skates Species and   Big Skates (Raja binoculata)                                                       702
                                     Groups
                                                          Longnosc Skates (R. rhina)                                                          701
                                                          Other Skates (all skates that are not Big Skate or Longnose Skate)                  700
                             12      Aggregated non-      AIllegally retained species offish and shellfish, including TFQ halibut, that are not listed as FMP groundfish in Tables 2a and 2c to this
                                     groundfish           part.
                             13      Grenadiers           Giant grenadiers (Alhatrossia pectoralis)                                           214
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                                                          Other grenadiers                                                                    213




                                                                                                                                                                                                       39743
EP10JY15.011</GPH>


                                                    39744                            Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Proposed Rules

                                                    ■ 8. Revise Table 30 to part 679 to read
                                                    as follows:

                                                                                           TABLE 30 TO PART 679—ROCKFISH PROGRAM RETAINABLE PERCENTAGES
                                                                                                                                        [In round wt. equivalent]

                                                                                                                                                                                                                                        MRA as a
                                                                                                                                                                                                                                   percentage of total
                                                                                                                                                                                                                                    retained rockfish
                                                                                Fishery                                     Incidental catch species                                        Sector                                   primary species
                                                                                                                                                                                                                                       and rockfish
                                                                                                                                                                                                                                   secondary species

                                                    Rockfish Cooperative Vessels fishing under a                           Pacific cod ......................     Catcher/Processor .........................................                     4.0
                                                      CQ permit.                                                           Shortraker/Rougheye ag-                Catcher Vessel ..............................................                   2.0
                                                                                                                             gregate catch.

                                                                                                                                                      See rockfish non-allocated species for ‘‘other species’’

                                                    Rockfish non-allocated Species for Rockfish Co-                        Pollock ............................   Catcher/Processor         and   Catcher    Vessel     ........                 20.0
                                                      operative vessels fishing under a Rockfish CQ                        Deep-water flatfish ..........         Catcher/Processor         and   Catcher    Vessel     ........                 20.0
                                                      permit.                                                              Rex sole ..........................    Catcher/Processor         and   Catcher    Vessel     ........                 20.0
                                                                                                                           Flathead sole ..................       Catcher/Processor         and   Catcher    Vessel     ........                 20.0
                                                                                                                           Shallow-water flatfish ......          Catcher/Processor         and   Catcher    Vessel     ........                 20.0
                                                                                                                           Arrowtooth flounder ........           Catcher/Processor         and   Catcher    Vessel     ........                 35.0
                                                                                                                           Other rockfish .................       Catcher/Processor         and   Catcher    Vessel     ........                 15.0
                                                                                                                           Atka mackerel .................        Catcher/Processor         and   Catcher    Vessel     ........                 20.0
                                                                                                                           Aggregated forage fish ...             Catcher/Processor         and   Catcher    Vessel     ........                  2.0
                                                                                                                           Skates .............................   Catcher/Processor         and   Catcher    Vessel     ........                  5.0
                                                                                                                           Other species .................        Catcher/Processor         and   Catcher    Vessel     ........                 20.0

                                                    Longline gear Rockfish Entry Level Fishery ........                                                                   See Table 10 to this part.
                                                    Opt-out vessels ....................................................                                                  See Table 10 to this part.
                                                    Rockfish Cooperative Vessels not fishing under                                                                        See Table 10 to this part.
                                                      a CQ permit.



                                                    [FR Doc. 2015–16935 Filed 7–9–15; 8:45 am]
                                                    BILLING CODE 3510–22–P
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Document Created: 2018-02-23 09:15:52
Document Modified: 2018-02-23 09:15:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments must be received no later than August 10, 2015.
ContactPeggy Murphy, 907-586-7228.
FR Citation80 FR 39734 
RIN Number0648-BE85
CFR AssociatedAlaska and Fisheries

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