Fisheries of the Exclusive Economic Zone Off Alaska; Maximum Retainable Bycatch Percentages, Gulf of Alaska

Fishing for groundfish by U.S. vessels in the exclusive economic zone of the GOA is managed by NMFS according to the FMP. The FMP was prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Fishing by US vessels is governed by regulations implementing the FMP at 50 CFR part 679. General regulations governing Federal fisheries are also found at 50 CFR part 600. Regulations at 50 CFR 679.20(e) establish MRB percentages for groundfish species or species groups that are closed to directed fishing. The MRB amount is calculated as a percentage of the species that are closed to directed fishing relative to the amount of other species retained on board the vessel that are open for directed fishing. The MRB percentages serve as a management tool to slow down the harvest rates of non-target species by limiting the amount that can be retained on board a vessel. This total also is used to minimize regulatory discard of non-target species when they are taken incidental to other directed fisheries because MRBs avoid or delay placing a species on ``prohibited'' status, which prohibits any retention. The MRB percentages reflect a balance between slowing harvest rates and minimizing the potential for undesirable discard. Although directed fishing for a species or species group may be prohibited under 50 CFR 679.20(d)(1)(iii), fishermen may ``top off'' their retained catch of these species by deliberately targeting the incidental species up to the MRB amount. This final rule makes the following regulatory changes: (1) Removes SR/RE rockfish from the GOA-wide aggregated rockfish species group for deep-water complex species (primarily Pacific ocean perch and sablefish), (2) Creates a new species group for SR/RE rockfish in the ERA of the GOA for deep-water complex species, and (3) Sets the new SR/ RE rockfish MRB at 7 percent relative to deep-water complex species. This final rule does not change the MRB of 5 percent for SR/RE rockfish in the GOA-wide aggregated rockfish category relative to shallow-water complex species. Additional information on this action is contained in the preamble to the proposed rule and the EA/RIR/FRFA. The proposed rule was published in the Federal Register on August 3, 1999 (64 FR 42080), and the public comment period ended on September 2, 1999. NMFS received no comments on the proposed rule and no changes from the proposed rule are made in this final rule.

Compliance Guide for Small Entities

In compliance with the Small Business Regulatory Enforcement Fairness Act of 1996, NMFS is publishing this paragraph as a compliance guide that explains how small entities must comply with the regulatory changes made by this final rule. This rule changes the maximum retainable amounts of SR/RE rockfish in the ERA of the GOA and affects all small entities that participate in groundfish fisheries in the ERA of the GOA and experience incidental catch of SR/RE rockfish. Affected fishermen should be aware that the MRB rates have changed for SR/RE in the ERA of the GOA. Affected fishermen must comply with the regulations concerning MRB rates at Sec. 679.20(e) and Table 10 to part 679.

Classification

The Administrator, Alaska Region, NMFS (Regional Administrator), determined that this final rule is necessary for the conservation and management of the groundfish fisheries of the GOA. The Regional Administrator also determined that this final rule is consistent with the Magnuson-Stevens Act and other applicable law. This action has been determined to be not significant for purposes of E.O. 12866. NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) that describes the impact this final rule will

have on small entities. A copy of this analysis is available from NMFS (see ADDRESSES). NMFS received no comments on the Interim Regulatory Flexibility Analysis prepared for the proposed rule for this action. This action is being taken because harvest of SR/RE has significantly exceeded the total allowable catch (TAC) for SR/RE in the ERA of the GOA in each of the last 4 years. In 1998, while participating in the rockfish fisheries, 23 small trawl catcher vessels and 17 catcher/processors accounted for 772 mt of SR/RE harvest in the GOA (roughly 45 percent of the total harvest of SR/RE). Also in 1998, 484 small hook-and-line catcher vessels harvested 710 mt of SR/RE while participating in the sablefish fishery. Of the total 1,482 mt of SR/RE harvested by these two sectors, only 1,064 mt was actually retained (about 72 percent of the total catch amount). About 50 percent of the SR/RE harvested was in SR/RE directed hauls. These hauls, composed primarily of SR/RE, are likely to be ``top off'' hauls, some of which would no longer be available given the reduced ability to ``top off'' at historic levels. Any marginal loss in the short-term due to reduced retention of SR/RE would be offset by the long-term viability of the fishery by harvesting at maximum acceptable biological levels. The preferred alternative, which this rule implements, of reducing the MRB for SR/RE in the ERA of the GOA was found to be the least restrictive on small entities while maximizing the harvest of SR/RE within the TAC amount. Under the status quo alternative, fishing mortality of SR/RE would continue at levels above the acceptable biological catch and would likely cause adverse impacts to the fishery resulting in reduced stocks; therefore, the alternative was rejected. The alternative of reducing the MRB in all areas of the GOA also was rejected because it was too restrictive on entities fishing in areas that have not exceeded acceptable harvest amounts within the last 3 years. This final rule does not contain reporting, recordkeeping, or compliance requirements and no relevant Federal rules duplicate, overlap, or conflict with this final rule.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and reporting requirements.

Dated: November 30, 1999. Garry F. Mayer, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 679 is amended as follows:

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

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

Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

2. In part 679, Table 10 to Part 679--Gulf of Alaska Retainable Percentages is revised to read as follows: * * * * *

Table 10 to Part 679.--Gulf of Alaska Retainable Percentages [Incidental Catch Species \1\] ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Aggregated Pollock Pacific Deep Rex Flathead Shallow Arrowtooth Sablefish Aggregated SR/RE DSR SEO Atka forage Other cod flatfish sole sole flatfish rockfish ERA \3\ \4\ mackerel fish \5\ species ----------------------------------------------------------------------------------------------------------------------------------------\2\----------------------------------------------------- BASIS SPECIES \1\ Pollock........................................... \6\ na 20 20 20 20 20 35 1 5 \6\ na 10 20 2 20 Pacific cod....................................... 20 \6\ na 20 20 20 20 35 1 5 \6\ na 10 20 2 20 Deep flatfish..................................... 20 20 \6\ na 20 20 20 35 7 15 7 1 20 2 20 Rex sole.......................................... 20 20 20 \6\ na 20 20 35 7 15 7 1 20 2 20 Flathead sole..................................... 20 20 20 20 \6\ na 20 35 7 15 7 1 20 2 20 Shallow flatfish.................................. 20 20 20 20 20 \6\ na 35 1 5 \6\ na 10 20 2 20 Arrowtooth........................................ 5 5 0 0 0 0 \6\ na 0 0 0 0 0 2 0 Sablefish......................................... 20 20 20 20 20 20 35 \6\ na 15 7 1 20 2 20 Pacific ocean perch............................... 20 20 20 20 20 20 35 7 15 7 1 20 2 20 Shortraker/rougheye............................... 20 20 20 20 20 20 35 7 15 \6\ na 1 20 2 20 Other rockfish.................................... 20 20 20 20 20 20 35 7 15 7 1 20 2 20 Northern rockfish................................. 20 20 20 20 20 20 35 7 15 7 1 20 2 20 Pelagic rockfish.................................. 20 20 20 20 20 20 35 7 15 7 1 20 2 20 DSR-SEO........................................... 20 20 20 20 20 20 35 7 15 7 \6\ na 20 2 20 Thornyhead........................................ 20 20 20 20 20 20 35 7 15 7 1 20 2 20 Atka mackerel..................................... 20 20 20 20 20 20 35 1 5 \6\ na 10 \6\ na 2 20 Other species..................................... 20 20 20 20 20 20 35 1 5 \6\ na 10 20 2 \6\ na Aggregated amount of non-groundfish species....... 20 20 20 20 20 20 35 1 5 \6\ na 10 20 2 20 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ \1\ For definition of species, see Table 1 of the GOA groundfish specifications. \2\ Aggregated rockfish means rockfish defined at Sec. 679.2 except in the Southeast Outside District where demersal shelf rockfish (DSR) is a separate category and in the Eastern Regulatory Area where shortraker/rougheye (SR/RE) rockfish is a separate category for the deep water complex only. \3\ SR/RE ERA=shortraker/rougheye rockfish in the Eastern Regulatory Area. \4\ SEO=Southeast Outside District. \5\ Forage fish are defined at Sec. 679.2. \6\ na=not applicable.

[FR Doc. 99-31555 Filed 12-3-99; 8:45 am] BILLING CODE 3510-22-P