Fisheries of the Exclusive Economic Zone off Alaska; Revised Management Authority for Pelagic Shelf Rockfish

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971112269-7269-01; I.D. 102997A]

RIN 0648-AK13

Fisheries of the Exclusive Economic Zone off Alaska; Revised

Management Authority for Pelagic Shelf Rockfish

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 Amendment 46 to the

Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP)

which has been submitted by the North Pacific Fishery Management

Council (Council) for Secretarial review. Amendment 46 would remove

black and blue rockfish from the complex of species managed under the

FMP. The State of Alaska (State) would regulate fishing for these

species by vessels registered under Alaska law. This action is

necessary to allow the State to implement more responsive, regionally-

based, management of these species than is currently possible under the

FMP. The intended effect of this action is to repeal duplicative

Federal regulations, provide for more responsive State management and

prevent localized overfishing of black and blue rockfish stocks.

DATES: Comments on the proposed rule must be received by January 16,

1998.

ADDRESSES: Comments should be submitted to Chief, Fisheries Management

Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn:

Lori Gravel, or delivered to

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the Federal Building, 709 West 9th Street, Juneau, AK. Copies of the

proposed Amendment 46 and the Environmental Assessment/Regulatory

Impact Review (EA/RIR) and related economic analysis prepared for the

proposed action are available from the North Pacific Fishery Management

Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501-2252;

telephone: 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Alan Kinsolving 907-586-7228.

SUPPLEMENTARY INFORMATION:

Management Background and Need for Action

The domestic groundfish fisheries in the exclusive economic zone of

the Gulf of Alaska (GOA) are managed by NMFS under the FMP. The FMP was

prepared by the Council under the Magnuson-Stevens Fishery Conservation

and Management Act (Magnuson-Stevens Act). Regulations governing the

groundfish fisheries of the GOA appear at 50 CFR parts 600 and 679.

The Council has submitted Amendment 46 for Secretarial review and a

Notice of Availability (NOA) of the FMP amendment was published on

November 5, 1997 (62 FR 59844), with comments on the FMP amendment

invited through January 5, 1998. All written comments received by

January 5, 1998, whether specifically directed to the FMP amendment,

the proposed rule, or both, will be considered in the approval/

disapproval decision on the FMP amendment.

Black rockfish (Sebastes melanops) and blue rockfish (S. mystinus)

currently are managed as part of the pelagic shelf rockfish assemblage

(PSR) under the FMP. The Council is concerned that recent expansion of

a fishery for these species in the central GOA may result in

unsustainable black and blue rockfish catches.

Two problems with Federal management of black and blue rockfish

have been identified by the Council. First, the total allowable catch

(TAC) for all PSR species is based on a triennial trawl survey. Survey

catches are dominated (93 percent to over 99 percent) by the

underexploited dusky rockfish. This leads to the development of

acceptable harvest levels for the PSR assemblage that are sustainable

for stronger PSR stocks such as dusky rockfish, but that may be

inappropriate for weaker black and blue rockfish stocks. Second, the

trawl survey only samples fish on or near a smooth bottom. However,

most black and blue rockfish occur in rocky nearshore reef habitats

that are not sampled by this survey. Small-area harvest guidelines,

developed using more selective sampling methodologies, are necessary to

prevent localized depletion of these territorial, slow-growing, long-

lived species. The current management system cannot accommodate this.

Currently, both species are taken chiefly in State waters (78

percent in 1996). Under current management, the State's closure of the

rockfish fishery in State waters is often followed by a reported shift

in effort to PSR species in adjacent Federal waters. Transferring

management of these species to the State should result in more

effective conservation measures in both nearshore and offshore waters

while eliminating duplicative Federal management.

At its June 1997 meeting, the Council adopted Amendment 46 to the

FMP. If this amendment were approved, the State could regulate State-

registered vessels fishing for black and blue rockfish. The black and

blue rockfish fishery is not large, and all vessels participating in it

are registered under the laws of the State. Typically, the vessels are

small, and operators would be unable to land their catch outside the

State. Insurance and safety concerns also make it unlikely that vessels

in the fishery would not be registered with the State. Thus, it is

unlikely that any vessel harvesting black or blue rockfish in Federal

waters would not be subject to State regulations.

Black and blue rockfish are also taken as bycatch in other

federally managed fisheries, especially the halibut Individual Fishing

Quota and Pacific cod jig fisheries. By removing black and blue

rockfish from the FMP, the State could impose on State registered

vessels fishing in the Federal fisheries only such additional State

measures, like bycatch retention limits for blue and black rockfish, as

are consistent with the applicable Federal fishing regulations for the

fishery in which the vessel is operating. The Council's intent is not

to give the State authority to indirectly regulate other federally

managed fisheries through State implementation of gear restrictions,

area closures, or other bycatch control measures.

To manage directed fishing closures for FMP groundfish effectively,

NMFS must know whether these species are taken in a directed groundfish

fishery or as bycatch in a nongroundfish fishery. Because other

groundfish are often taken at the same time as black and blue rockfish,

NMFS would continue to require reporting of retained black and blue

rockfish when they are landed at the same time as other FMP groundfish.

Classification

At this time, NMFS has not determined that Amendment 46 is

consistent with the national standards, other provisions of the

Magnuson-Stevens Act, and other applicable laws. NMFS, in making that

determination, will take into account the data, views, and comments

received during the comment period.

NMFS prepared an EA/RIR that describes the impact this proposed

rule, if adopted, would have on small entities. A copy of the RIR is

available from the Council (see ADDRESSES). Based on the economic

analysis in the RIR, the Assistant General Counsel for Legislation and

Regulation of the Department of Commerce made the following

certification to the Chief Counsel for Advocacy of the Small Business

Administration that the proposed rule, if adopted, would not have a

significant economic impact on a substantial number of small entities:

The Small Business Administration has defined all fish-

harvesting or hatchery businesses that are independently owned and

operated, not dominant in their field of operation, with annual

receipts not in excess of $3 million as small businesses. In

addition, seafood processors with 500 employees or fewer, wholesale

industry members with 100 employees or fewer, not-for-profit-

enterprises, and government jurisdictions with a population of

50,000 or less are considered small entities. NMFS has determined

that a ``substantial number'' of small entities would generally be

20 percent of the total universe of small entities affected by the

regulation. A regulation would have a ``significant negative

impact'' on these small entities if it reduced annual gross revenues

by more than 5 percent, increased total costs of production by more

than 5 percent or resulted in compliance costs for small entities by

at least 10 percent compared with compliance costs as a percent of

sales for large entities.

NMFS assumes that most catcher vessels participating in the

Alaska groundfish fisheries are ``small entities'' for purposes of

the Regulatory Flexibility Act. During 1996, in the GOA, 1,416

catcher vessels participated in the GOA groundfish fishery. Of

those, 302 vessels, or 21 percent, landed black rockfish and would

presumably be affected by the proposed action

During 1996, vessels participating in the fishery landed 973,443

lb (441.6 mt) of black rockfish. Most of these landings were by

vessels participating in the directed jig-gear fishery. Based on an

average price paid of $0.35/lb ($771.61 mt) for Western and Central

GOA landings, and $0.40/lb ($881.84/mt) for Eastern GOA landings,

the 1996 value of these landings is estimated to be about $344,000.

Removing black and blue rockfish from the PSR TAC should

encourage the development of a small vessel fishery targeting under

exploited-black and blue rockfish stocks in the Western and Eastern

GOA. At the same

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time, the State will be able to more effectively manage potentially

overexploited stocks in the Central GOA and increase their long-term

yield. Finally, elimination of duplicative Federal regulations may

ease the regulatory burden on small-vessel fishermen and reduce

compliance costs. Transferring management of black and blue rockfish

to the State may result in short-term restrictions on jig fishermen,

but because both species are predominately taken in State waters,

most fishermen must already comply with State regulations. Thus, it

is not anticipated that the action would meet or exceed any of the

criteria for a significant economic impact.

This proposed rule has been determined to be not significant for

the purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: November 20, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 679 is

proposed to be amended as follows:

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

1. The authority citation for 50 CFR part 679 continues to read as

follows:

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

2. In Sec. 679.2, a definition of ``rockfish'' is added in

alphabetical order to read as follows:

Sec. 679.2 Definitions.

* * * * *

Rockfish means:

(1) For the Gulf of Alaska: Any species of Sebastes or Sebastelobus

except Sebastes melanops, the black rockfish, and Sebastes mystinus,

the blue rockfish.

(2) For the Bering Sea and Aleutian Islands Management Area: Any

species of Sebastes or Sebastelobus.

* * * * *

3. In Sec. 679.21, paragraph (e)(3)(iv)(D) is revised to read as

follows:

Sec. 679.21 Prohibited species bycatch management.

* * * * *

(e)* * *

(3)* * *

(iv)* * *

(D) Rockfish fishery. Fishing with trawl gear during any weekly

reporting period that results in a retained aggregate amount of

rockfish species that is greater than the retained amount of any other

fishery category defined under this paragraph (e)(3)(iv).

* * * * *

4. In Sec. 679.23, paragraph (d)(1) is revised to read as follows:

Sec. 679.23 Seasons.

* * * * *

(d)* * *

(1) Directed fishing for trawl rockfish. Directed fishing for

rockfish with trawl gear is authorized from 1200 hours, A.l.t., on the

first day of the third quarterly reporting period of a fishing year

through 2400 hours, A.l.t., December 31, subject to other provisions of

this part.

* * * * *

5. In Sec. 679.50, paragraph (c)(2)(iv) is revised to read as

follows:

Sec. 679.50 Groundfish Observer Program applicable through December

31, 1997.

* * * * *

(c)* * *

(2)* * *

(iv) Rockfish fishery. In a retained aggregate catch of rockfish

that is greater than the retained catch of any other groundfish species

or species group that is specified as a separate groundfish fishery

under this paragraph (c)(2).

* * * * *

6. In Table 3 to part 679, the reference to footnote 1 and footnote

1 are removed, and footnotes 2 and 3 are redesignated footnotes 1 and 2

respectively.

7. In Table 10 to part 679, footnote 2 is revised to read as

follows:

Table 10 to part 679--Current Gulf of Alaska Retainable Percentages

* * * * *

2 Aggregated Rockfish means any rockfish except in the

Southeast Outside District where demersal shelf rockfish (DSR) is a

separate category.

* * * * *

[FR Doc. 97-31583 Filed 12-1-97; 8:45 am]

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