[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Rules and Regulations]
[Pages 61639-61642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25202]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0912231441-0465-03]
RIN 0648-AY48
Fisheries of the Exclusive Economic Zone Off Alaska; Skate
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: Final rule.
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SUMMARY: NMFS issues a final rule 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''). Amendment 95 moves skates from the ``other species''
category to the ``target species'' category in the FMP. Amendments 96
and 87 revise the FMPs to meet the National Standard 1 guidelines for
annual catch limits and accountability measures. These amendments move
all remaining species groups from the ``other species'' category to the
``target species'' category, remove the ``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
final rule removes references to the ``other species'' category for
purposes of the harvest specifications and adds skate species to the
reporting codes for the BSAI groundfish fisheries. This 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: Effective November 5, 2010.
ADDRESSES: 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 NMFS Alaska
Region, P.O. Box 21668, Juneau, AK 99802 or from the Alaska Region NMFS
Web site 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
economic zone 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.
Background
Amendment 95 was unanimously adopted by the Council in October
2009. This amendment moves 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 shows 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 NMFS to separately
manage harvest of these individual species.
The Council unanimously adopted Amendments 96 and 87 in April 2010.
These amendments 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. The proposed rule for this
action presents background on the NS1, MSRA requirements for ACLs and
AMs, and harvest management of groundfish species (75 FR 41424, July
16, 2010).
The Council submitted Amendments 87, 95, and 96 for review by the
Secretary of Commerce, and a notice of availability of the amendments
was published in the Federal Register on July 2, 2010 (75 FR 38454),
with comments on the amendments invited through August 31, 2010. The
comments on the proposed rule were invited through August 30, 2010. The
Secretary of Commerce approved the amendments to the FMPs on September
22, 2010.
Regulatory Amendments
This final rule revises definitions for ``groundfish,'' ``license
limitation groundfish,'' and ``target species,'' in Sec. 679.2, to
remove reference to the ``other species'' category. Removing the term
``other species category'' from these definitions reduces confusion
related to target species and the harvest specifications, as Amendments
96 and 87 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. This final rule revises the definition for ``other
species'' 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.
This final rule revises Sec. 679.20 by removing the term ``other
species category'' in paragraphs related to harvest limits, reserves,
harvest specifications, and fishery closures. This revision ensures the
regulations for harvest specifications and ``target species''
management are consistent with Amendments 96 and 87, which remove
``other species'' from the FMP for purposes of harvest specifications
and inseason management.
This final rule revises Sec. 679.25 to remove the ``other
species'' category from the paragraph related to reopening an area to
achieve total allowable catch (TAC) for a target species. This revision
ensures the regulations are consistent with removing ``other species''
from the FMP for purposes of target species management.
This final rule revises Table 2a to part 679 by adding
whiteblotched, Alaska, and Aleutian skates, as well as the scientific
names for individual skate
[[Page 61640]]
species. Adding these individual skate species and the scientific names
facilitates 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 ensures 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.
Comments and Responses
NMFS received two letters of comment, which included four distinct
comments, in response to proposed Amendment 87 to the GOA FMP and
Amendments 95 and 96 to the BSAI FMP (75 FR 41424, July 16, 2010).
These letters were from organizations representing trawl catcher/
processors targeting groundfish in the BSAI and GOA. NMFS made no
changes to the final rule from the proposed rule. The comments are
summarized and responded to below.
Comment 1: The dissolution of the ``other species'' category into
its major taxonomic complexes and management of those species complexes
under Tier 6 would result in the overfishing limits (OFLs) and
acceptable biological catch limits (ABCs) being frequently reached and
cause the closure of other directed fisheries. These closures would
provide no additional benefit to these species complexes.
Response: The OFLs and ABCs are established annually by harvest
specifications (75 FR 11778 and 75 FR 11749, March 12, 2010). Under
this final action, the OFLs and TACs for the complexes currently
managed under the ``other species'' category could be set at a level
that may be reached during the fishing year. As described in Section
1.5.2.1 in the EA for Amendments 96 and 87, NMFS will take initial
inseason management measures necessary to prevent exceeding the TACs of
these complexes, such as closing the complex to directed fishing. NMFS
may implement large scale fisheries closures to prevent the OFL from
being exceeded if other actions would not adequately limit fishing
mortality. A Tier 6 OFL is based on the average historical catch over a
period of years and is used for stocks that do not have enough biomass
information to be managed at Tier 5 or higher. In the absence of enough
information to manage stocks at Tier 5 or higher information level, a
Tier 6 OFL represents a reasonable means of preventing overfishing.
Section 1.5.2.1 of the EA for Amendments 96 and 87 describe the tier
system for setting ABCs and OFLs (see ADDRESSES).
NMFS and the Council recognize the concern that setting OFLs based
on historical catch may result in fisheries restrictions that otherwise
would not be used if the OFL could be set based on the stock's biomass.
Even though it is not based on stock abundance, a Tier 6 OFL is
intended to meet NMFS's legal obligation to prevent overfishing. It is
necessary to break out the complexes from the ``other species''
category to ensure that the TACs and ACLs for these complexes can
prevent overfishing. The Council sponsored a workshop on July 8, 2010,
to address the issues associated with, and alternatives to, Tier 6
management. The Tier 6 workshop report was discussed at the September
2010 Groundfish Plan Team meeting and is scheduled for discussion by
the Council's Scientific and Statistical Committee (SSC) in October
2010. The Tier 6 workshop report, Plan Team, and SSC minutes are
available from the Council at http://alaskafisheries.noaa.gov/npfmc/default.htm. One alternative previously adopted for a Tier 6 stock
(squid and octopus in the GOA) was to set the OFL at the maximum catch
of the stock over a set period of years. The Council has expressed an
interest in developing FMP amendments to address these concerns. NMFS
will determine the appropriate management measures to take to prevent
reaching the OFL, including the consideration of closing other directed
fisheries, if necessary. The types of management options that NMFS may
use inseason to prevent overfishing are described in Section 1.5.2.1 of
the EA for Amendments 96 and 87 (see ADDRESSES). The type of action to
prevent overfishing may depend on the species, fisheries, and
locations.
Comment 2: NMFS inseason managers have the flexibility to gather
fleet catch information in real time, and identify discrete areas of
high incidental catch. This could result in fine scale closures for
individual sectors, and avoid the unneeded potentially catastrophic
economical effects associated with large area, fleet-wide closures. The
Bering Sea fleet is rationalized and is managed under a cooperative
system capable of assisting NMFS in fleet communication, data
distribution, and implementing voluntary management measures to avoid
large scale fleet or area closures. NMFS is encouraged to use its
management flexibility to avoid large fleet shutdowns.
Response: As described in the EA for this action, NMFS does intend
to use small scale area and gear closures, as well as other inseason
management measures short of large scale closures, to avoid OFL and ABC
overages when possible. NMFS intends to work with the industry to
achieve these goals and notes that cooperatives engaged in voluntary
actions can be of great assistance.
Comment 3: It is unclear what action NMFS can or will take when the
harvest of one of the other species groups (sharks, skates, sculpins,
octopus, or squid) approaches overfishing.
Response: See the response to Comment 2. NMFS has the ability to
implement inseason localized area and gear closures to prevent the ABCs
from being reached, and the industry has demonstrated the ability to
voluntarily avoid fishing in areas of high incidental catch (e.g.,
avoiding squid in the 2006 BSAI pollock fishery). The EA prepared for
this action discusses in detail possible actions NMFS could undertake
to avoid overfishing of these stocks. The EA/RIR for this action is
available from NMFS (See ADDRESSES).
Comment 4: This action has been rushed with no time to request
additional information such as fisheries impacts and did not attempt to
quantify the potential cost to commercial fisheries. This information
is necessary to make a considered decision. The action should be
disapproved in favor of the status quo.
Response: This action must be implemented in 2011 to comply with
the provisions mandated by the Magnuson-Stevens Act. The EA/RIR
prepared for this action considers the impacts on fisheries and
potential costs to the industry, using the best information available
on the economic impacts of this action. This analysis was available to
the public during the public comment period and Secretarial review of
the proposed amendments. The EA/RIR for this action is available from
NMFS (See ADDRESSES). As noted in the response to Comment 1, the
Council has expressed an interest in considering FMP amendments (e.g.,
moving squid from target species to the ecosystem component species) to
address some of the issues raised in the consideration of this action.
Classification
The Administrator, Alaska Region, NMFS, determined that the FMP
Amendments 87, 95, and 96 are necessary for the conservation and
management of the groundfish fisheries and that they are consistent
with the Magnuson-Stevens Act and other applicable laws.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
[[Page 61641]]
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: October 1, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For reasons set out in the preamble, 50 CFR part 679 is amended 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.
0
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 * * *
* * * * *
(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[deg] 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).
* * * * *
0
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
[[Page 61642]]
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.
* * * * *
0
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.
* * * * *
0
5. Revise Table 2a to part 679 to read as follows:
Table 2a to Part 679--Species Codes: FMP Groundfish
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Species description Code
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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--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
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
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[FR Doc. 2010-25202 Filed 10-5-10; 8:45 am]
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