[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Proposed Rules]
[Pages 41424-41429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17436]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0912231441-91445-01]
RIN 0648-AY48
Fisheries of the Exclusive Economic Zone Off Alaska; Skates
Management in the Groundfish Fisheries of the Bering Sea and Aleutian
Islands; Groundfish Annual Catch Limits for the Bering Sea and Aleutian
Islands Management Area and 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 implement Amendments 95 and 96
to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea
and Aleutian Islands Management Area (BSAI) and Amendment 87 to the FMP
for Groundfish of the Gulf of Alaska (GOA), (collectively referred to
as ``the FMPs''). If approved, Amendment 95 would move skates from the
``other species'' category to the ``target species'' category in the
FMP. Amendments 96 and 87 would revise the FMPs to meet the National
Standard 1 guidelines for annual catch limits and accountability
measures. These amendments would move all remaining species groups from
the ``other species'' category to the ``target species'' category,
remove the
[[Page 41425]]
``other species'' and ``non-specified species'' categories from the
FMPs, establish an ``ecosystem component'' category, and describe the
current practices for groundfish fisheries management in the FMPs, as
required by the guidelines. The proposed rule would remove references
to the ``other species'' category for purposes of the harvest
specifications and would add skate species to the reporting codes for
the BSAI groundfish fisheries. This proposed action is intended to
promote the goals and objectives of the Magnuson-Stevens Fishery
Conservation and Management Act, the FMPs, and other applicable laws.
DATES: Comments must be received by August 30, 2010.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
AY48, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal at http://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record. No comments
will be posted to http://www.regulations.gov for public viewing until
after the comment period has closed. Comments will generally be posted
without change. All Personal Identifying Information (for example,
name, address) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Electronic copies of Amendments 95 and 96 to the FMP for Groundfish
of the BSAI, Amendment 87 to the FMP for Groundfish of the GOA, the
Environmental Assessments (EAs), and the Regulatory Impact Review (RIR)
prepared for this action are available from the Alaska Region website
at http://www.alaskafisheries.noaa.gov/regs/summary.htm.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228.
SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive
economiczone of the BSAI and GOA are managed under the FMPs. The North
Pacific Fishery Management Council (Council) prepared the FMPs under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq.
Regulations implementing the FMPs appear at 50 CFR part 679. General
regulations governing U.S. fisheries also appear at 50 CFR part 600.
The Council has submitted Amendments 87, 95, and 96 for review by
the Secretary of Commerce (Secretary), and a Notice of Availability of
the FMP amendments was published in the Federal Register on July 2,
2010 (75 FR 38454), with comments on the FMP amendments invited through
August 31, 2010.
Comments may address the FMP amendments, the proposed rule, or
both, but must be received by 1700 hours, A.D.T. on August 31, 2101, to
be considered in the approval/disapproval decision on the FMP
amendments. All comments received by that time, whether specifically
directed to the FMP amendments or to this proposed rule, will be
considered in the approval/disapproval decision on the FMP amendments.
Background
Amendment 95 was unanimously adopted by the Council in October
2009. If approved by the Secretary, this amendment would move skates
from the ``other species'' category to the ``target species'' list in
the BSAI FMP, allowing the management of skates as a target species
complex or as individual skate species. NMFS trawl survey and catch
information show that 15 skate species occur in the BSAI. In the Bering
Sea subarea, the most abundant species is the Alaska skate, while the
most abundant species in the Aleutian Islands subarea is the
whiteblotched skate. Individual species of skate could be listed under
the skate complex in the ``target species'' list during the harvest
specifications process to allow for management of these individual
species.
Amendments 96 and 87 were unanimously adopted by the Council in
April 2010. If approved by the Secretary, these amendments would revise
the FMPs to meet the Magnuson-Stevens Act requirements to establish
annual catch limits (ACLs) and accountability measures (AMs), and
conform to the National Standard 1 (NS1) guidelines (74 FR 3178,
January 16, 2009). The Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 (MSRA), which was signed into
law on January 12, 2007, included new requirements regarding ACLs and
AMs, which reinforce existing requirements to prevent overfishing and
rebuild fisheries. NMFS revised the NS1 guidelines at 50 CFR 600.310 to
integrate these new requirements with existing provisions related to
overfishing, rebuilding overfished stocks, and achieving optimum yield.
Section 104(a)(10) of the MSRA, codified as section 303(a)(15) of the
Magnuson-Stevens Act, requires FMPs to establish mechanisms for
specifying ACLs, including AMs. The provision states that FMPs shall
``establish a mechanism for specifying annual catch limits in the plan
(including a multiyear plan), implementing regulations, or annual
specifications, at a level such that overfishing does not occur in the
fishery, including measures to ensure accountability.'' ACLs and AMs
are required by fishing year 2011 in fisheries where overfishing is not
occurring. None of the Alaska groundfish fisheries have overfishing
occurring, and therefore the groundfish ACLs and AMs must be
implemented by January 1, 2011.
Skate, shark, sculpin, and octopus groups are currently managed as
a complex in the ``other species'' category in the BSAI. In the GOA,
shark, sculpin, octopus, and squid groups are managed as a complex in
the ``other species'' category. Each year, the overfishing limit (OFL),
acceptable biological catch (ABC), and total allowable catch (TAC) are
specified for the ``other species'' category as a whole in each
management area. National Standard 1 guidelines require species managed
in a stock complex to have similar life histories, but the current
``other species'' category combines the management of short-lived
invertebrates (squids and octopuses) with long-lived fish (sharks and
skates).
If approved, Amendment 95 would move BSAI skates from the ``other
species'' category to the ``target species'' category and require
annual specification of OFL, ABC, and TAC for the skate group as a
whole or for individual skate species. Amendments 96 and 87 would
remove the remaining species groups from the ``other species'' category
in each FMP and place these groups in the ``target species'' category.
The ``other species'' category would be completely removed from the
FMPs. Managing skates, sculpins, sharks, octopuses, and squids as
separate groups or as individual species, each with its own OFL, ABC,
ACL, and TAC, would enhance NMFS' ability to control
[[Page 41426]]
the harvest of these species groups based on the best available
scientific information, and would reduce the potential for overfishing
these groups. The susceptibility of skates to fishing pressure has been
well documented in the EA for Amendment 95 (see ADDRESSES). While no
target fishery has been developed yet for groups currently in the
``other species'' category, without the proposed amendments, the
potential exists for the entire ``other species'' TAC to be taken as
the harvest of a single group. Such a harvest could represent an
unsustainable level of fishing mortality for that single group, even
though the harvest may not exceed the aggregate OFL for all groups in
the ``other species'' category. Amendment 63 to the FMP for Groundfish
of the GOA was a similar precautionary measure that removed skates from
the ``other species'' category in response to a rapidly developing
directed fishery (69 FR 26313, May 12, 2004). Implementation of these
amendments will promote the goal of ending and preventing overfishing.
A retrospective analysis in the EA for Amendments 96 and 87 of past
shark and octopus harvest compared to the 2010 ABCs and OFLs showed
that potential harvests of these species may exceed ABCs and OFLs
without NMFS inseason management to control incidental catch (see
ADDRESSES). If the TACs for these groups are insufficient to support a
directed fishery, a vessel's harvest of sharks and octopuses would be
limited to a maximum retainable amount, representing a percentage of
the amount of ``target species'' harvested by a vessel. If closing
directed fishing for sharks and octopuses, together with applicable
limits on retention, is not sufficient to prevent reaching the ABCs and
OFLs for these groups, NMFS inseason management would use observed
catch, fish ticket, and vessel monitoring system data to determine the
most effective actions to prevent overfishing, while minimizing adverse
impacts to fishing communities, to the extent practicable. Controlling
incidental harvests of BSAI and GOA octopuses may require temporary
closure of areas of high octopus retention to Pacific cod pot gear
vessels. If necessary, BSAI and GOA shark incidental harvest would
likely be constrained by temporarily restricting harvesting locations
for hook-and-line sablefish and Pacific cod fisheries and the trawl
pollock fishery. Because BSAI and GOA octopus have been sold,
information is available to estimate changes in potential revenue from
the proposed action. The estimated revenue for BSAI and GOA octopus is
decreased $110,000 to $155,000 based on the retrospective harvest and
inseason management methods. Increased costs may occur if fishing
operations have to travel further to reach alternative fishing grounds,
or if they must fish in areas with lower catch-per-unit of effort (and
thus incur increased costs of fishing effort to catch the same amount
of fish). Decreased revenues may occur if increased travel or fishing
time requirements makes it impossible to catch the same amount of fish
in the time available. Decreased revenues also may occur if shifts in
fishing activity make it harder to deliver a quality product.
Proposed Regulatory Amendments
The Council recommended, and the Secretary proposes, the following
regulatory revisions and additions to 50 CFR part 679 to implement
Amendments 87, 95, and 96.
The definitions for ``groundfish'', ``license limitation
groundfish'', and ``target species,'' in Sec. 679.2, would be revised
to remove reference to the ``other species'' category. Removing the
term ``other species category'' from these definitions would reduce
confusion related to target species and the harvest specifications, as
Amendments 96 and 87 would remove the ``other species'' category from
the FMPs for purposes of the harvest specifications, and leave only
``target species'' as a category for which NMFS must establish harvest
specifications. The definition for ``other species'' would be revised
to allow the continued management of BSAI and GOA sharks, sculpins, and
octopuses and GOA squids as a group for purposes of prohibited species
catch under Sec. 679.21 and maximum retainable amounts specified in
Tables 10 and 11 to part 679.
Section 679.20 would be revised by removing the term ``other
species category'' in paragraphs related to harvest limits, reserves,
harvest specifications, and fishery closures. This revision would
ensure the regulations for harvest specifications and ``target
species'' management are consistent with Amendments 96 and 87, which
would remove ``other species'' from the FMP for purposes of harvest
specifications and inseason management.
Section 679.25 would be revised to remove the ``other species''
category from the paragraph related to reopening an area to achieve TAC
for a target species. This revision would ensure the regulations are
consistent with removing ``other species'' from the FMP for purposes of
target species management.
Table 2a to part 679 would be revised 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 would provide more detailed information
regarding skate harvests for stock assessments and fisheries
management. This revision would ensure the regulations are consistent
with Amendment 95, providing the species specific information to
support managing skates as a target species group or as individual
target species.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendments 87, 95, and 96, other provisions of the
Magnuson-Stevens Act and other applicable laws, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
the purposes of E. O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Factual Basis for Certification
Description and Estimate of the Number of Small Entities to Which the
Rule Applies
For purposes of this analysis, a ``small entity'' is any entity
that catches, or catches and processes, less than $4.0 million gross
ex-vessel value (or first wholesale gross product value) of groundfish
per year.
The proposed regulatory changes for Amendments 96 and 87 do not
impose, increase, relax, or remove substantive restrictions on any
entity. This proposed regulatory action is not the only regulatory
action that the agency will take to implement these amendments, and it
does not give effect to these FMP amendments in a manner that will
directly impact regulated entities. Because no entities will be
directly regulated by the portion of the proposed rule for Amendments
96 and 87, no small entities will be directly regulated by the proposed
action for Amendments 96 and 87. Therefore, the proposed action that
implements Amendments 96
[[Page 41427]]
and 87 does not directly apply to any small entities.
The portion of the proposed rule to implement Amendment 95 may
directly regulate small entities, although as noted below, the impacts
would not be significant. The entities directly regulated by this
action, if adopted, would be the Community Development Quota (CDQ) and
non-CDQ fishing operations harvesting species in the ``other species''
complex in the BSAI, using hook-and-line, pot, or trawl gear. Vessels
generally are harvesting skates and the remaining species in the
``other species'' category, incidentally to other targeted fishing
operations; (e.g., fishing for Pacific cod); none of the species in the
``other species'' category are currently fished as a target. Because
any hook-and-line, pot, or trawl operation in the BSAI may harvest the
``other species'' complex, the universe of potentially directly
regulated operations includes all BSAI hook-and-line, pot, and trawl
vessels.
In 2007, the universe of potentially directly regulated vessels
that caught (or caught and processed) less than $4.0 M gross ex-vessel
value (or first wholesale gross product value) of groundfish or ``other
species,'' totaled 212 vessels in the BSAI. This included 40 hook-and-
line vessels, 71 pot vessels, and 103 trawlers. The portion of the
proposed action to implement Amendment 95 potentially applies to all of
these entities.
For RFA purposes, the entity size determination is based on
operation gross annual revenues from groundfish fishing in and off
Alaska. This likely ``understates'' the actual annual gross revenues
earned by many of these operations, because income from non-groundfish
commercial fishing activities is not included, owing to an absence of
germane data. Moreover, data are not available to fully take account of
affiliations between fishing operations and associated processors, or
other associated fishing operations. For these reasons, these counts
likely overstate the numbers of small entities potentially directly
regulated by the proposed action. Average groundfish gross revenues, in
2007, for these small entities were estimated to be $670,000 for hook-
and-line catcher vessels, $2.27 million for hook-and-line catcher
processors, $1,400,000 for pot catcher vessels, and $1.91 million for
trawl catcher vessels (AFSC did not report information for pot and
trawl catcher-processors).
Estimate of Economic Impact on Small Entities by Entity Size and
Industry
The impacts of this action have been evaluated in the accompanying
RIR (See ADDRESSES). The proposed regulatory changes to accompany
Amendments 96 and 87 do not impose, increase, relax, or remove
substantive restrictions on any entity. Because this portion of the
proposed action does not directly regulate any entities, this portion
of the proposed action would not have any discernible impacts on small
entities.
The proposed regulatory amendment for Amendment 95 would change the
codes required for reporting skate catches, and to this extent would
further restrict entity behavior. Vessel operators would need to learn
how to identify three individual skate species and use the proposed
species code from Table 2a to part 679 in their harvest reports.
However, all skate harvest must currently be reported using a code from
Table 2a to part 679. Once the operator learns how to identify the
skate species and becomes familiar with the proposed codes, the expense
of reporting skate harvests would be similar to that currently
experienced. The RIR notes that this portion of the proposed action is
expected to have de minimis costs. Because the costs are expected to be
so small, the portion of the action to implement Amendment 95 is not
expected to have a significant impact on any directly regulated small
entities.
Criteria Used to Evaluate Whether the Rule Would Impose ``Significant
Economic Impacts''
The two criteria recommended to determine the significance of the
economic impacts of the action are disproportionality and
profitability.
As noted above, there are no economic impacts caused by the portion
of the proposed action that implements Amendments 87 and 96. That
portion of the proposed action will not result in disproportionate
impacts nor impacts on profitability of regulated entities, and
therefore will not impose significant economic impacts.
Because the impact of reporting skates under the portion of the
proposed action that implements Amendment 95 would be a de minimis
impact regardless of entity size, the proposed action would not place a
substantial number of small entities at a disadvantage, relative to
large entities. Any costs attributed to the proposed action are
expected to be de minimis and thus would have a de minimis impact on
profits. Because the impacts of the proposed action to implement
Amendment 95 are expected to be de minimis in terms of
disproportionality and profitability, the economic impacts would not be
significant.
Criteria Used to Evaluate Whether the Rule Would Impose Impacts on ``a
Substantial Number'' of Small Entities
NMFS guidelines for economic review of regulatory actions explain
that the term ``substantial number'' has no specific statutory
definition and the criterion does not lend itself to objective
standards applicable across all regulatory actions. Rather, a
``substantial number'' depends upon the context of the action, the
problem to be addressed, and the structure of the regulated industry.
The Small Business Administration casts ``substantial'' within the
context of ``more than just a few'' or de minimis (``too few to care
about'') criteria (See page 28 of NMFS Guidelines for Economic Review
of National Marine Fisheries Service Regulatory Actions, available at
https://reefshark.nmfs.noaa.gov/f/pds/publicsite/documents/procedures/01-111-05.pdf).
As described above, the portion of the proposed action that
implements Amendments 87 and 96 would not directly regulate any small
entities, and therefore would not impose impacts on a ``substantial
number'' of small entities.
Although a substantial number of small entities may be directly
regulated by the portion of the proposed action to implement Amendment
95, the impacts are estimated to be de minimis. Because the impacts are
de minimis, the proposed action to implement Amendment 95 would not
impose significant impacts on a substantial number of directly
regulated small entities, and meets the certification criteria under
the RFA.
As a result, an initial regulatory flexibility analysis is not
required, and none has been prepared.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: July 12, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble, 50 CFR part 679 is proposed to
be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
[[Page 41428]]
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447.
2. In Sec. 679.2, revise paragraph (2) of the definition for
``Groundfish'', and the definitions of ``License limitation
groundfish'', ``Other species'' and ``Target species'' to read as
follows:
Sec. 679.2 Definitions.
* * * * *
Groundfish means* * *
(2) Target species specified annually pursuant to Sec.
679.20(a)(2) (See also the definitions for: License limitation
groundfish ; CDQ species ; and IR/IU species of this section).
* * * * *
License limitation groundfish means target species specified
annually pursuant to Sec. 679.20(a)(2), except that demersal shelf
rockfish east of 140 W. longitude, sablefish managed under the IFQ
program, and pollock allocated to the Aleutian Islands directed pollock
fishery and harvested by vessels 60 feet (18.3 m) LOA or less, are not
considered license limitation groundfish.
* * * * *
Other species is a category of target species for the purpose of
MRA and PSC management that consists of groundfish species in each
management area. These target species are managed as an other species
group and identified in Tables 10 and 11 to this part pursuant to Sec.
679.20(e).
* * * * *
Target species are those species or species groups for which a TAC
is specified pursuant to Sec. 679.20(a)(2).
* * * * *
3. In Sec. 679.20, revise paragraphs (a)(1)(i) introductory text,
(a)(2), (a)(3) introductory text, (a)(3(i), (b)(1)(i), (b)(2)
introductory text, (c)(1)(iii), (c)(1)(iv), (c)(3)(ii), (c)(3)(iii),
(d)(1)(i), (d)(1)(iii)(B), and (d)(2) to read as follows:
Sec. 679.20 General limitations.
(a) * * *
(1) * * *
(i) BSAI and GOA. The OY for BSAI and GOA target species is a range
or specific amount that can be harvested consistently with this part,
plus the amounts of ``nonspecified species'' taken incidentally to the
harvest of target species. The species categories are defined in Table
1 of the specifications as provided in paragraph (c) of this section.
* * * * *
(2) TAC. NMFS, after consultation with the Council, will specify
and apportion the annual TAC and reserves for each calendar year among
the GOA and BSAI target species. TACs in the target species category
may be split or combined for purposes of establishing new TACs with
apportionments thereof under paragraph (c) of this section. The sum of
the TACs so specified must be within the OY range specified in
paragraph (a)(1) of this section.
(3) Annual TAC determination. The annual determinations of TAC for
each target species and the reapportionment of reserves may be
adjusted, based upon a review of the following:
(i) Biological condition of groundfish stocks. Resource assessment
documents prepared annually for the Council that provide information on
historical catch trend; updated estimates of the MSY of the groundfish
complex and its component species groups; assessments of the stock
condition of each target species; assessments of the multispecies and
ecosystem impacts of harvesting the groundfish complex at current
levels, given the assessed condition of stocks, including consideration
of rebuilding depressed stocks; and alternative harvesting strategies
and related effects on the component species group.
* * * * *
(b) * * *
(1) * * *
(i) Nonspecified reserve. Fifteen percent of the BSAI TAC for each
target species, except pollock, the hook-and-line and pot gear
allocation for sablefish, and the Amendment 80 species, which includes
Pacific cod, is automatically placed in the nonspecified reserve before
allocation to any sector. The remaining 85 percent of each TAC is
apportioned to the initial TAC for each target species that contributed
to the nonspecified reserve. The nonspecified reserve is not designated
by species or species group. Any amount of the nonspecified reserve may
be apportioned to target species that contributed to the nonspecified
reserve, provided that such apportionments are consistent with
paragraph (a)(3) of this section and do not result in overfishing of a
target species.
* * * * *
(2) GOA. Initial reserves are established for pollock, Pacific cod,
flatfish, squids, octopuses, sharks, and sculpins, which are equal to
20 percent of the TACs for these species or species groups.
* * * * *
(c) * * *
(1) * * *
(iii) GOA. The proposed specifications will specify for up to two
fishing years the annual TAC for each target species and apportionments
thereof, halibut prohibited species catch amounts, and seasonal
allowances of pollock and Pacific cod.
(iv) BSAI. The proposed specifications will specify for up to two
fishing years the annual TAC for each target species and apportionments
thereof, PSQ reserves and prohibited species catch allowances, seasonal
allowances of pollock, Pacific cod, and Atka mackerel TAC (including
pollock, Pacific cod, and Atka mackerel CDQ), and CDQ reserve amounts.
* * * * *
(3) * * *
(ii) GOA. The final specifications will specify for up to two
fishing years the annual TAC for each target species and apportionments
thereof, halibut prohibited species catch amounts, and seasonal
allowances of pollock and Pacific cod.
(iii) BSAI. The final specifications will specify for up to two
fishing years the annual TAC for each target species and apportionments
thereof, PSQ reserves and prohibited species catch allowances, seasonal
allowances of pollock (including pollock, Pacific cod, and Atka
mackerel CDQ), and CDQ reserve amounts.
* * * * *
(d) * * *
(1) * * *
(i) General. If the Regional Administrator determines that any
allocation or apportionment of a target species specified under
paragraph (c) of this section has been or will be reached, the Regional
Administrator may establish a directed fishing allowance for that
species or species group.
* * * * *
(iii) * * *
(B) Retention of incidental species. Except as described in Sec.
679.20(e)(3)(iii), if directed fishing for a target species or species
group is prohibited, a vessel may not retain that incidental species in
an amount that exceeds the maximum retainable amount, as calculated
under paragraphs (e) and (f) of this section, at any time during a
fishing trip.
* * * * *
(2) Groundfish as prohibited species closure. When the Regional
Administrator determines that the TAC of any target species specified
under paragraph (c) of this section, or the share of any TAC assigned
to any type of gear, has been or will be achieved prior to the end of a
year, NMFS will publish notification in the Federal Register requiring
that target species be treated in the same manner as a prohibited
species, as described under Sec. 679.21(b), for the remainder of the
year.
* * * * *
[[Page 41429]]
4. In Sec. 679.25, revise paragraph (a)(2)(iii)(D) to read as
follows:
Sec. 679.25 Inseason adjustments.
(a) * * *
(2) * * *
(iii) * * *
(D) Reopening of a management area or season to achieve the TAC or
gear share of a TAC for any of the target species.
* * * * *
5. 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 and/or Kamchatka 121
------------------------------------------------------------------------
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 - 689
use 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
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
------------------------------------------------------------------------
[FR Doc. 2010-17436 Filed 7-15-10; 8:45 am]
BILLING CODE 3510-22-S