Groundfish Fisheries of the Exclusive Economic Zone Off the Coast of Alaska; Recordkeeping and Reporting, 52059-52065 [05-17454]

Download as PDF Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR Wade Fredenberg at the above address (fax: (406) 758–6887; telephone: (406) 758–6872; e-mail: wade_fredenberg@fws.gov). Fish and Wildlife Service 50 CFR Part 17 SUPPLEMENTARY INFORMATION: Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Yellowstone Cutthroat Trout as Threatened or Endangered Background Fish and Wildlife Service, Interior. ACTION: Proposed rule; opening of public comment period on status review. AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period for a status review of the Yellowstone cutthroat trout (Oncorhynchus clarki bouvieri) in the United States, which has been initiated pursuant to a recent Court order requiring us to prepare a 12month finding on a petition to list the subspecies as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). This action will allow all interested parties an opportunity to provide information on the status of the subspecies of fish. DATES: Comments must be submitted on or before October 31, 2005. ADDRESSES: If you wish to comment, you may submit your comments and materials by any one of the following methods: 1. You may submit written comments and information by mail to Yellowstone Cutthroat Comments, U.S. Fish and Wildlife Service, 780 Creston Hatchery Road, Kalispell, Montana 59901–8239. 2. You may hand-deliver written comments and information to our Creston Fish and Wildlife Center, at the above address, or fax your comments (406) 758–6887. 3. You may send your comments by electronic mail (e-mail) to fw6_yellowstonecut@fws.gov. For directions on how to submit electronic filing of comments, by e-mail see the ‘‘Public Comments Solicited’’ section. In the event that our internet connection is not functional, please submit your comments by the alternate methods mentioned above. All comments and materials received will be available for public inspection, by appointment, during normal business hours at our Kalispell Ecological Services Suboffice at the above address. Further information also is available on the Internet at http://mountainprairie.fws.gov/species/fish/yct/ index.htm. VerDate Aug<18>2005 15:01 Aug 31, 2005 Jkt 205001 On February 23, 2001, we published a Federal Register notice (66 FR 11244) announcing our 90-day finding on an August 14, 1998, petition to list Yellowstone cutthroat trout as threatened or endangered under the Act. We determined that the petition failed to present substantial information indicating that listing this subspecies may be warranted. During the period leading up to this finding, we received written comments from the game and fish departments of the States of Idaho, Montana, Wyoming, Utah, and Nevada, as well as from Yellowstone National Park, several entities of the U.S. Forest Service, and the Shoshone-Bannock tribes of the Fort Hall Indian Reservation. In their letters and attachments, those entities provided important information relevant to the status of Yellowstone cutthroat trout. That information, as well as information supporting the petition, was used in the 90-day finding. On January 20, 2004, the Center for Biological Diversity and others filed a complaint in the U.S. District Court for the District of Colorado, alleging that the Service had used the wrong procedures and standards to assess the petition as part of the 90-day finding process. On December 17, 2004, the Court ruled in favor of the plaintiffs and ordered the Service to produce a status review and 12-month finding for Yellowstone cutthroat trout. On February 14, 2005, the Court clarified its order and attached a February 14, 2006, due date for the Service to complete the review and finding. Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires that we make a 12-month finding whether a petitioned action is (a) not warranted, (b) warranted, or (c) warranted but the immediate proposal of a regulation is precluded by other pending proposals to determine whether other species are threatened or endangered. This finding is based on a status review that is normally initiated by a positive 90-day finding. In this case, the status review is being initiated by court order. We are opening a 60-day comment period to allow all interested parties an opportunity to provide information on the status of the Yellowstone cutthroat trout. The Service will base its 12month finding on a review of the best PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 52059 scientific and commercial information available, including all information received during the public comment period. Public Comments Solicited Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address, which we will honor to the extent allowable by law. If you wish us to withhold your name or address, you must state this request prominently at the beginning of your comments. However, we will not consider anonymous comments. To the extent consistent with applicable law, we will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Please submit electronic comments in an ASCII file and avoid the use of any special characters or any form of encryption. Also, please include ‘‘Attn: (Oncorhynchus clarki bouvieri)’’ and your name and return address in your e-mail message regarding the (Oncorhynchus clarki bouvieri) status review. If you do not receive a confirmation from the system that we have received your e-mail message, please submit your comments in writing using one of the alternate methods described above. Author The primary author of this document is Wade Fredenberg, Fisheries Biologist, U.S. Fish and Wildlife Service, Creston Fish and Wildlife Center, Kalispell, Montana. Authority: The authority for this action is the Endangered Species Act of 1973 as amended (16 U.S.C. 1531 et seq.). Dated: August 19, 2005. Marshall Jones, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 05–17455 Filed 8–31–05; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\01SEP1.SGM 01SEP1 52060 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 050628170–5170–01; I.D. 062105B] RIN 0648–AR67 Groundfish Fisheries of the Exclusive Economic Zone Off the Coast of Alaska; Recordkeeping and Reporting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. AGENCY: SUMMARY: NMFS proposes to revise Table 2 (species codes) to 50 CFR part 679 that is used in data collection, analysis, and monitoring of the Federal groundfish fisheries in the exclusive economic zone (EEZ) off the coast of Alaska. Within a database, species codes identify fish species that are landed, discarded, made into product, and transferred. This proposed action is necessary to standardize collection of species information with the State of Alaska Department of Fish and Game, increase effectiveness of rockfish management, reflect current fisheries management interest in skates, and promote better enforcement of rockfish regulations. This action is intended to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) with respect to groundfish and to further the goals and objectives of the Alaska groundfish fishery management plans. DATES: Written comments must be received by October 3, 2005. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by: • Mail: P.O. Box 21668, Juneau, AK 99802. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. • Fax: (907) 586 7557. • E-mail: BSA82-0648AS37@noaa.gov. Include in the subject line the following document identifier: Table 2 Species Code proposed rule. E-mail comments, with or without attachments, are limited to 5 megabytes. • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions at that site for submitting comments. VerDate Aug<18>2005 15:01 Aug 31, 2005 Jkt 205001 Copies of the Regulatory Impact Review (RIR) prepared for this action are available from NMFS at the above address, or by calling the Alaska Region, NMFS, at (907) 586 7228. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to NMFS, Alaska Region, and by e-mail to DavidlRostker@omb.eop.gov, or fax to (202) 395 7285. FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, (907) 586–7008 or patsy.bearden@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries of the Gulf of Alaska (GOA) and the Bering Sea/Aleutian Islands Management Area (BSAI) in the EEZ according to the Fishery Management Plan for Groundfish of the Gulf of Alaska and the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMPs) prepared by the North Pacific Fishery Management Council (Council) and approved by the Secretary of Commerce (Secretary) under authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. The FMPs are implemented by regulations at 50 CFR part 679. General provisions governing fishing by U.S. vessels in accordance with the FMPs appear at subpart H of 50 CFR part 600. Table 2 to Part 679 provides a list of FMP species and non-FMP species. The FMP species are those which are managed under the FMPs and which must be recorded and reported in logbooks and forms. The non-FMP species, including prohibited species, are species that are frequently caught in association with FMP species, but that are not actively managed under the FMPs. This action would support coordination between state and Federal management agencies by using the same species codes for State of Alaska Department of Fish and Game (State) and NMFS fishery catch documentation. Table 2 to part 679 would be reformatted from one table into four separate tables (Tables 2a, 2b, 2c, and 2d). The proposed regulatory changes would have a number of fishery management and enforcement benefits. Within a database, species codes identify fish species that are landed, discarded, made into product, and transferred. The proposed rule would standardize collection of species information with the State of Alaska, facilitating Federal-State data exchange, reducing compliance costs, and PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 reducing the potential for confusion, and resulting violations and fines. If NMFS and the State use different species codes or descriptions, fishermen or processors may record data incorrectly, possibly resulting in a ticket and/or fine, and diminishing the usefulness of the reported catch data. Moreover, the code changes will facilitate the more precise recording of catch by individual species within a species group. This would, for example facilitate management for a sustainable harvest of skates by permitting the estimates of the size of landings of individual skate species. The rockfish species code changes are needed to allow NOAA Fisheries Office for Enforcement (OLE) to perform an accurate audit on records of processors. OLE uses product transfer reports from processors to confirm that the quantity of fish, by species, reported as landings is approximately the same as the fish, by species, recorded as leaving the plant or vessel. By using group rockfish codes to describe the product, the processor’s report effectively obscures the actual fish species being processed and/or transferred. Table 2a would be entitled, ‘‘Species Codes: FMP Groundfish Species’’ and would contain the names and species codes of groundfish that are managed under the FMPs. Species codes in Table 2a would be indicated as those that must be recorded and reported in NMFS logbooks and forms. Table 2b would be entitled, ‘‘Species Codes: FMP Prohibited Species’’ and would contain the names and species codes of species that are identified as prohibited species in the FMPs. Species codes in Table 2b would be indicated as those that must be recorded and reported in NMFS logbooks and forms. Table 2c would be entitled, ‘‘Species Codes: FMP Forage Fish Species’’ and would contain the names and species codes of species that are identified as forage fish in the FMPs. Species codes in Table 2c would be indicated as species that must be recorded and reported in NMFS logbooks and forms. Table 2d would be entitled, ‘‘Species Codes: Non-FMP Species’’ and would contain the names and species codes of species on which the State and NMFS have agreed for use on State fish tickets as well as NMFS logbooks and forms. These species codes may be recorded in NMFS logbooks and forms but are not required by regulations at 50 CFR part 679. In addition, Tables 2a, 2b, 2c, and 2d would be revised by adding and revising certain species codes. E:\FR\FM\01SEP1.SGM 01SEP1 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules Table 2a A species code, 702, would be added to Table 2a to describe big skate. NMFS has implemented separate management and harvest specifications for this skate species that requires a new species code for big skate (69 FR 26313, May 12, 2004). An identification guide of big skates and longnose skates is available from NMFS, Alaska Region (see ADDRESSES) or at http:// www.fakr.noaa.gov/infobulletins/2003/ Rajalposter.jpg. The description ‘‘skate general,’’ code 700 in Table 2a, would be revised to say ‘‘Other (if longnose or big skate - use specific species code).’’ The description ‘‘sharks general,’’ code 689 in Table 2a, would be revised to say ‘‘Other (if salmon, spiny dogfish or Pacific sleeper shark - use specific species code).’’ The description ‘‘miscellaneous flatfish,’’ code 120, would be removed from the group codes and added to the FMP species in Table 2a as ‘‘Flatfish, miscellaneous (flatfish species without separate codes).’’ The Latin name for all individual rockfish species would be added to Table 2a, at the request of fishery scientists. Table 2b The species name for prohibited species code 932 in Table 2b, would be changed from ‘‘Opilio tanner crab’’ to read ‘‘C. opilio (snow) tanner crab.’’ The species name for prohibited species code 923 in Table 2b, would be changed from ‘‘Gold/brown king crab’’ to read ‘‘Golden king (brown).’’ Table 2c Table 2c contains a list of the FMP forage fish species, and no changes would be made to this list. Table 2d A species code, 112, would be added to Table 2d for the species, Pacific hake. Fishermen increasingly are reporting catch of hake in the EEZ off Alaska. This creates the need for a new species code to record the catch. The species name for non-FMP species code 961 in Table 2d, would be changed from ‘‘Pink shrimp’’ to read ‘‘Northern (pink).’’ Regulatory text In § 679.2, the definition for ‘‘Forage fish’’ would be revised by removing ‘‘Table 2’’ and adding in its place ‘‘Table 2c.’’ In § 679.2, paragraph (1) of the definition for ‘‘Groundfish’’ would be revised by removing ‘‘Table 2’’ and adding in its place ‘‘Table 2a.’’ VerDate Aug<18>2005 15:24 Aug 31, 2005 Jkt 205001 52061 In § 679.2, the definition for ‘‘Prohibited species’’ would be revised by adding a reference to ‘‘Table 2b.’’ In § 679.5, titles and text of paragraphs (a)(1)(ii)(A), (B), and (C) would be revised by adding ‘‘forage fish’’ and by adding references to Tables 2a, 2b, and 2c. In § 679.5, paragraph (m)(3)(v) would be revised by removing reference to group codes 144, 168, 169, or 171. In § 679.5, paragraph (n)(2)(iv)(D) would be revised by removing ‘‘Table 2’’ and adding in its place ‘‘Table 2b.’’ In § 679.20, paragraph (i)(1) would be revised by removing ‘‘see § 679.2’’ and adding in its place ‘‘See Table 2c to this part.’’ In § 679.21, paragraph (b)(1) would be revised by removing ‘‘see § 679.2’’ and adding in its place ‘‘see § 679.2 and Table 2b to this part.’’ Bocaccio (137), Chilipepper (178), Darkblotched (159), Greenstriped (135), Harlequin (176), Pygmy (179), Redbanded (153), Redstripe (158), Sharpchin (166), Shortbelly (181), Silvergray (157), Splitnose (182), Stripetail (183), Vermillion (184), and Yellowmouth (175). Code 168, demersal shelf rockfish, consisting of the following individual rockfish species: Canary (146), China (149), Copper (138), Quillback (147), Rosethorn (150), Tiger (148), and Yelloweye (145). Code 169, pelagic shelf rockfish, consisting of the following individual rockfish species: Dusky (154), Yellowtail (155), and Widow (156). Code 171, shortraker/rougheye rockfish, consisting of the following individual rockfish species: Shortraker (152) and Rougheye (151). Other changes The following rockfish group codes would be removed from Table 2 to part 679 and are not carried over into any of the proposed tables: 144, slope rockfish; 168, demersal shelf rockfish; 169, pelagic shelf rockfish; and 171, shortraker/rougheye rockfish. Rockfish group codes would not be accepted for purposes of reporting rockfish, as Recordkeeping and Reporting (R&R) regulations require that individual species be identified with specific species codes. Removal of these group codes does not alter the use of the terms, ‘‘slope rockfish,’’ ‘‘demersal shelf rockfish,’’ ‘‘pelagic shelf rockfish,’’ or ‘‘shortraker/rougheye rockfish’’ in Tables 10 and 11 to 50 CFR part 679. These terms are still valid for calculation of maximum retainable percentages for basis species. This action may require a few participants to learn to identify individual species of rockfish. An identification guide for rockfish of the northeastern Pacific Ocean is available from NMFS, Alaska Region (see ADDRESSES) or at: http:// www.afsc.noaa.gov/race/media/ publications/archives/pubs2000/ techmemo117.pdf. Table 2 to 50 CFR part 679 would be reformatted from one table into four separate tables. In addition, the description of some species codes would be revised, two species codes would be added, and rockfish group species codes would be removed. The individual rockfish species codes that are included in rockfish group codes that would be removed are described below. Code 144, slope rockfish, consisting of the following individual rockfish species: Aurora (185), Blackgill (177), Classification NMFS has determined that the rule is consistent with the Magnuson-Stevens Act and other applicable laws. This proposed rule has been determined to be not significant for purposes of Executive Order 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. The proposed rule would standardize collection of species information with the State, increase effectiveness of rockfish management; reflect current fisheries management of skates; and promote better enforcement of rockfish regulations. While this action may affect a substantial number of small entities, it does not impose a significant burden on small entities. Any operation that harvests groundfish in Alaska may find itself subject to this regulation. This may include 801 fishing operations (including catcher/processors) in the Gulf of Alaska (GOA), and 283 in the Bering Sea and Aleutian Islands Management Area (BSAI).1 In addition, PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 1 These are estimates of all small fishing entities (catcher vessels and catcher-processors) operating in the GOA and BSAI in 2002. These estimates are based on estimates of Alaskan groundfish harvests. They do not take account of harvests of other species in Alaska or elsewhere; moreover they do not take account of affiliations between firms. For these reasons, they may overstate the numbers of small entities in the BSAI and GOA. They include 131 vessels fishing with pots in the GOA and 64 fishing with pots in the BSAI. Fishermen fishing with pot gear may not harvest many skates or hake. These estimates are taken from Table 26.2 of the 2003 Economic SAFE document. This is Appendix D to the EA/RIR/IRFA for the 2003 harvest E:\FR\FM\01SEP1.SGM Continued 01SEP1 52062 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules it may include the six Community Development Quota groups that operate in the BSAI.Similarly, this action also directly regulates shoreside processors and shoreside floating processors that process groundfish. The NMFS, Alaska Region Catch Accounting System indicates that 4 motherships, and 65 shoreside processors (including floating shoreside processors) processed groundfish in 2003. All could be affected by this action; however, it is not possible to determine the number of small entities among these processors. Available information does not clearly identify numbers of employees at all plants, nor does it clearly indicate ownership affiliations in all cases. As noted below, the impacts of this action on entities are not significant. Therefore, the analysis is not affected if all ambiguous cases, where the size of an entity is unknown, are resolved by assuming that entities are small. These data also allow an analysis of the individual vessels and processing plants that use rockfish group codes and have revealed that 4 catcher/processors and 2 catcher/processors operating as motherships used rockfish group codes in either 2002 or 2003. It is not possible to determine whether these vessels are small entities; however, the NMFS Alaska Region Catch Accounting System indicates that 85 catcher/processors and/or catcher/processors operating as motherships processed groundfish in the EEZ off Alaska in 2003. Thus, 6 of the 85 operations that harvested and processed groundfish actually used the group codes and will be required to change their practice. In addition, 12 shoreside processing plants used rockfish group codes in either 2002 or 2003. Of these, available data on American Fisheries Act affiliations, corporate ownership, and employment statistics2 suggest that 7 are likely large entities and potentially 5 are small entities. Thus, 12 of the 65 shoreside processors that processed groundfish actually used rockfish group codes and potentially 5 of those are small entities. This action does not impose a significant economic impact on small entities. Vessel operators and processors would be required to report hake, big skates, sharks, and rockfish species, separately, on landing and processing records. They are not required to report specifications. Accessed at http:// www.fakr.noaa.gov/npfmc/safes/2002/ Economic.pdf on October 17, 2003. 2 Compiled from Directory of Seafood Processors, Pacific Fishing Magazine, January 2004; Alaska Department of Labor processing plant monthly employment counts; and American Fisheries Act entities information from NMFS, Alaska Region Sustainable Fisheries Division. VerDate Aug<18>2005 15:24 Aug 31, 2005 Jkt 205001 separately now; however, they must currently record all these fish under one of the existing codes. As a result, the additional reporting burden is de minimis. Additionally, the ADF&G implemented a requirement that fishermen identify these species separately on ADF&G landings records, starting in 2004. Therefore, fishermen that delivered their harvests inshore or onshore for processing were under an obligation to report these species separately starting in 2004. Most of the fishing operations that fall under these new ADF&G reporting rules are believed to be small entities, as are many of the processors to whom they will be delivering. As a result, an amendment to Federal reporting to make it consistent with State requirements would be less costly than doing nothing. Should Federal reporting requirements not be changed to coincide with these ADF&G rule changes, additional complexity, cost, and potential confusion leading to violations and fines may result. For both reasons, NMFS believes the economic impact of this rule, if adopted, would be negligible. The reformatting of Table 2, inclusive of definition changes and rockfish Latin name inclusion, will make it easier to refer to the different classes of fish species from other parts of the regulations, because NMFS would be able to specifically cite those species intended. This reformatting is not expected to affect the fishing industry directly. The addition of Pacific hake, skates, and sharks species code may increase the reporting burden slightly. However, the cost may be offset to some extent by the easing of the reporting risk, due to clarification of procedures for reporting catch of these species. The elimination of rockfish group codes would have de minimis financial costs for the fishing industry. The affected participants would be those processors who occasionally use rockfish group codes, plus one processor that will need to change its production operation in order to correctly identify transfer of processed rockfish by species. The time burden for collecting data (i.e., entering of species codes in the daily cumulative production logbooks and daily fishing logbooks) may increase very slightly, although the older codes will be replaced by the proposed codes. Overall, the industry did not use the group codes regularly during 2002 and 2003, and the numbers of processors that used rockfish group codes are small relative to the number of processors who process rockfish. Based on 2003 data, it appears that shoreside processors voluntarily identified PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 rockfish landings by individual species code 99 percent of the time, and used group codes less about 1 percent of the time. In 2003 catcher processors and motherships only used rockfish group codes on about 5% of weekly processor reports. Finally, the proposed action will assure consistency with current ADF&G reporting rules and, thus, reduce the reporting burden, uncertainty, and confusion that would arise from having two conflicting sets of reporting codes. Because small entities are more likely to fish in the EEZ and land their catch in Alaska State waters or onshore, this burden would fall disproportionately on them. The proposed action removes this potentiality. This proposed rule contains collection-of-information requirements that are subject to review and approval by OMB under the Paperwork Reduction Act (PRA) and which have been approved by OMB. The collections are listed below by OMB Control Number. OMB Control Number 0648–0213. Total public reporting burden for this collection is 41,219 hours. Species codes are recorded and reported in this collection. OMB Control Number 0648–0401. Total public reporting burden for this collection is 1,024 hours. Species codes are recorded and reported in this collection. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSEES) and by e-mail to DavidlRostker@omb.eop.gov, or fax to (202) 395–7285. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. This proposed rule does not duplicate, overlap, or conflict with other Federal regulations. List of Subjects in 50 CFR Part 679 Alaska, Fisheries, Recordkeeping and reporting requirements. Dated: August 26, 2005. James W. Balsiger, Acting 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: E:\FR\FM\01SEP1.SGM 01SEP1 52063 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 note; 3631 et seq. 1. The authority citation for part 679 continues to read as follows: 2. In the table below, for each of the paragraphs shown in the ‘‘Location’’ §§ 679.2, 679.5, 679.20, and 679.21 [Amended] Location column, remove the phrase indicated in the ‘‘Remove’’ column and replace it with the phrase indicated in the ‘‘Add’’ column for the number of times indicated in the ‘‘Frequency’’ column. Remove Add Frequency § 679.2 definition for ‘‘Forage fish’’ (see Table 2 to this part) (see Table 2c to this part and § 679.20(i)) 1 § 679.2 definition for paragraph (1) ‘‘Groundfish’’ Table 2 Table 2a 1 § 679.2 definition for ‘‘Groundfish product or fish product’’ Tables 1 and 2 to this part, excluding the prohibited species listed in Table 2 to this part Tables 1, 2a, 2c, and 2d to this part 1 § 679.2 definition for ‘‘Prohibited species’’ Tanner crab Tanner crab (see Table 2b to this part) 1 § 679.5(a)(1)(ii)(A), (B), and (C) paragraph heading Groundfish and prohibited species Groundfish, prohibited species, and forage fish 1 § 679.5(a)(1)(ii)(A), (B), and (C) all groundfish and prohibited species all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part), and forage fish (see Table 2c to this part) 1 § 679.5(m)(3)(v) code for each species from Table 2 to this part, except species codes 120, 144, 168, 169, or 171; code for each species from Tables 2a though 2d to this part, except species code 120 1 § 679.5(n)(2)(iv)(D) Table 2 Table 2b 1 § 679.20(i)(1) See § 679.2 See Table 2c to this part 1 § 679.21(b)(1) See § 679.2 See § 679.2 and Table 2b to this part 1 Table 2 to Part 679 [Amended] 3. Table 2 to Part 679 Species Codes for FMP Species and non-FMP Species is removed and Tables 2a, 2b, 2c, and 2d to Part 679 are added as follows: TABLE 2A TO PART 679—SPECIES CODES: FMP GROUNDFISH—Continued Code Aurora (S. aurora) Species Description Code 142 Blackgill (S. melanostomus) Pacific ocean perch (S. alutus) 141 Pygmy (S. wilsoni) 179 Quillback (S. maliger) 147 Redbanded (S. babcocki) 153 Redstripe (S. proriger) Code 185 Black (BSAI) (S. melanops) TABLE 2A TO PART 679—SPECIES CODES: FMP GROUNDFISH Species Description Species Description TABLE 2A TO PART 679—SPECIES CODES: FMP GROUNDFISH—Continued 177 158 Atka mackerel (greenling) 193 Blue (BSAI) (S. mystinus) 167 Flatfish, miscellaneous (flatfish species without separate codes) 120 Bocaccio (S. paucispinis) 137 Canary (S. pinniger) 146 178 Rosethorn (S. helvomaculatus) 150 Chilipepper (S. goodei) China (S. nebulosus) 149 Rougheye (S. aleutianus) 151 Copper (S. caurinus) 138 Sharpchin (S. zacentrus) 166 FLOUNDER Alaska plaice 133 Arrowtooth and/or Kamchatka 121 Starry 129 Darkblotched (S. crameri) 159 Shortbelly (S. jordani) 181 Octopus 870 Dusky (S. ciliatus) 154 Shortraker (S. borealis) 152 Pacific cod 110 Greenstriped (S. elongatus) 135 Silvergray (S. brevispinis) 157 Pollock 270 Harlequin (S. variegatus) 176 Splitnose (S. diploproa) 182 Northern (S. polyspinis) 136 Stripetail (S. saxicola) 183 ROCKFISH VerDate Aug<18>2005 15:01 Aug 31, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\01SEP1.SGM 01SEP1 52064 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules TABLE 2A TO PART 679—SPECIES CODES: FMP GROUNDFISH—Continued TABLE 2B TO PART 679—SPECIES CODE: FMP PROHIBITED SPECIES Species Description Species Description Thornyhead (all Sebastolobus species) Code Code TABLE 2C TO PART 679—SPECIES CODES: FMP FORAGE FISH SPECIES—Continued (all species of the following families) CRAB 143 Species Description Code King, blue 922 Pricklebacks, war-bonnets, eelblennys, cockscombs and shannys (family Stichaeidae) 208 923 Surf smelt (family Osmeridae) 515 Tiger (S. nigrocinctus) 148 King, golden (brown) Vermilion (S. miniatus) 184 King, red 921 Widow (S. entomelas) 156 King, scarlet 924 Yelloweye (S. ruberrimus) 145 Tanner, Bairdi (C. bairdi) 931 Yellowmouth (S. reedi) 175 Tanner, grooved 933 155 Tanner, snow (C. opilio) 932 710 Tanner, triangle 934 160 Pacific halibut 200 Pacific herring (family Clupeidae) 235 Yellowtail (S. flavidus) Sablefish (blackcod) Sculpins SHARKS Other (if salmon, spiny dogfish or Pacific sleeper shark - usespecific species code) 689 Pacific sleeper 692 Salmon 690 Spiny dogfish 691 TABLE 2D TO PART 679—SPECIES CODES—NON-FMP SPECIES Species Description Code Abalone 860 Albacore 720 Arctic char, anadromous 521 CLAMS Butter SALMON 810 Chinook Longnose 701 Other (if longnose or big skate - use specific species code) 700 450 Eastern softshell 842 Coho 430 Geoduck 815 Pink 440 Little-neck 840 420 Razor 830 Steelhead trout 540 Surf 812 Coral 702 820 Sockeye Big Cockle Chum SKATES 410 899 TABLE 2C TO PART 679—SPECIES CODES: FMP FORAGE FISH SPECIES SOLE Bristlemouths, lightfishes, and anglemouths (family Gonostomatidae) 209 Capelin smelt (family Osmeridae) 516 Deep-sea smelts (family Bathylagidae) 773 Butter 126 Dover 124 English 128 Flathead 122 Petrale 131 125 Eulachon smelt (family Osmeridae) 511 Rex Rock 123 Gunnels (family Pholidae) 207 Sand 132 Krill (order Euphausiacea) 800 Yellowfin 127 Laternfishes (family Myctophidae) 875 206 Turbot, Greenland 134 Pacific sandfish (family Trichodontidae) Pacific sand lance (family Ammodytidae) Dungeness 910 Korean horsehair 940 951 Verrilli (Paralomis verillii) 953 Dolly varden, anadromous 531 210 Giant grenadier 214 772 Squid 900 Eels or eel-like fish Code Box Multispina (Paralomis multispina) (all species of the following families) Species Description CRAB 774 VerDate Aug<18>2005 15:01 Aug 31, 2005 Jkt 205001 GREENLING Kelp 194 Rock 191 Whitespot 192 Frm 00028 Fmt 4702 Sfmt 4702 213 Jellyfish PO 00000 Grenadier (rattail) 625 Lamprey, Pacific 600 E:\FR\FM\01SEP1.SGM 01SEP1 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules TABLE 2D TO PART 679—SPECIES CODES—NON-FMP SPECIES—Continued Species Description TABLE 2D TO PART 679—SPECIES CODES—NON-FMP SPECIES—Continued Code Species Description 52065 TABLE 2D TO PART 679—SPECIES CODES—NON-FMP SPECIES—Continued Code Species Description Code Lingcod 130 Rockfish, blue (GOA) 167 Humpy 963 Lumpsucker 216 Sardine, Pacific (pilchard) 170 Northern (pink) 961 Mussel, blue 855 Scallop, weathervane 850 Sidestripe 962 Pacific flatnose 260 Scallop, pink (or calico) 851 Spot 965 Pacific hagfish 212 Sea cucumber 895 Skilfish 715 Pacific hake 112 Sea urchin, green 893 Smelt, surf 515 Pacific saury 220 Sea urchin, red 892 Snails 890 Pacific tomcod 250 Shad 180 Sturgeon, general 680 Prowfish 215 SHRIMP Rockfish, black (GOA) 142 [FR Doc. 05–17454 Filed 8–31–05; 8:45 am] VerDate Aug<18>2005 15:01 Aug 31, 2005 Jkt 205001 Coonstripe PO 00000 Frm 00029 964 Fmt 4702 Sfmt 4702 BILLING CODE 3510–22–S E:\FR\FM\01SEP1.SGM 01SEP1

Agencies

[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Proposed Rules]
[Pages 52059-52065]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17454]



[[Page 52060]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 050628170-5170-01; I.D. 062105B]
RIN 0648-AR67


Groundfish Fisheries of the Exclusive Economic Zone Off the Coast 
of Alaska; Recordkeeping and Reporting

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

ACTION: Proposed rule.

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SUMMARY: NMFS proposes to revise Table 2 (species codes) to 50 CFR part 
679 that is used in data collection, analysis, and monitoring of the 
Federal groundfish fisheries in the exclusive economic zone (EEZ) off 
the coast of Alaska. Within a database, species codes identify fish 
species that are landed, discarded, made into product, and transferred. 
This proposed action is necessary to standardize collection of species 
information with the State of Alaska Department of Fish and Game, 
increase effectiveness of rockfish management, reflect current 
fisheries management interest in skates, and promote better enforcement 
of rockfish regulations. This action is intended to meet the 
conservation and management requirements of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) with 
respect to groundfish and to further the goals and objectives of the 
Alaska groundfish fishery management plans.

DATES: Written comments must be received by October 3, 2005.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
     Fax: (907) 586 7557.
     E-mail: BSA82-0648-AS37@noaa.gov. Include in the subject 
line the following document identifier: Table 2 Species Code proposed 
rule. E-mail comments, with or without attachments, are limited to 5 
megabytes.
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Copies of the Regulatory Impact Review (RIR) prepared for this 
action are available from NMFS at the above address, or by calling the 
Alaska Region, NMFS, at (907) 586 7228.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS, Alaska Region, and by e-mail to 
DavidlRostker@omb.eop.gov, or fax to (202) 395 7285.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, (907) 586-7008 or 
patsy.bearden@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries of the 
Gulf of Alaska (GOA) and the Bering Sea/Aleutian Islands Management 
Area (BSAI) in the EEZ according to the Fishery Management Plan for 
Groundfish of the Gulf of Alaska and the Fishery Management Plan for 
Groundfish of the Bering Sea and Aleutian Islands Management Area 
(FMPs) prepared by the North Pacific Fishery Management Council 
(Council) and approved by the Secretary of Commerce (Secretary) under 
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. The FMPs 
are implemented by regulations at 50 CFR part 679. General provisions 
governing fishing by U.S. vessels in accordance with the FMPs appear at 
subpart H of 50 CFR part 600.
    Table 2 to Part 679 provides a list of FMP species and non-FMP 
species. The FMP species are those which are managed under the FMPs and 
which must be recorded and reported in logbooks and forms. The non-FMP 
species, including prohibited species, are species that are frequently 
caught in association with FMP species, but that are not actively 
managed under the FMPs. This action would support coordination between 
state and Federal management agencies by using the same species codes 
for State of Alaska Department of Fish and Game (State) and NMFS 
fishery catch documentation. Table 2 to part 679 would be reformatted 
from one table into four separate tables (Tables 2a, 2b, 2c, and 2d).
    The proposed regulatory changes would have a number of fishery 
management and enforcement benefits. Within a database, species codes 
identify fish species that are landed, discarded, made into product, 
and transferred. The proposed rule would standardize collection of 
species information with the State of Alaska, facilitating Federal-
State data exchange, reducing compliance costs, and reducing the 
potential for confusion, and resulting violations and fines. If NMFS 
and the State use different species codes or descriptions, fishermen or 
processors may record data incorrectly, possibly resulting in a ticket 
and/or fine, and diminishing the usefulness of the reported catch data. 
Moreover, the code changes will facilitate the more precise recording 
of catch by individual species within a species group. This would, for 
example facilitate management for a sustainable harvest of skates by 
permitting the estimates of the size of landings of individual skate 
species. The rockfish species code changes are needed to allow NOAA 
Fisheries Office for Enforcement (OLE) to perform an accurate audit on 
records of processors. OLE uses product transfer reports from 
processors to confirm that the quantity of fish, by species, reported 
as landings is approximately the same as the fish, by species, recorded 
as leaving the plant or vessel. By using group rockfish codes to 
describe the product, the processor's report effectively obscures the 
actual fish species being processed and/or transferred.
    Table 2a would be entitled, ``Species Codes: FMP Groundfish 
Species'' and would contain the names and species codes of groundfish 
that are managed under the FMPs. Species codes in Table 2a would be 
indicated as those that must be recorded and reported in NMFS logbooks 
and forms.
    Table 2b would be entitled, ``Species Codes: FMP Prohibited 
Species'' and would contain the names and species codes of species that 
are identified as prohibited species in the FMPs. Species codes in 
Table 2b would be indicated as those that must be recorded and reported 
in NMFS logbooks and forms.
    Table 2c would be entitled, ``Species Codes: FMP Forage Fish 
Species'' and would contain the names and species codes of species that 
are identified as forage fish in the FMPs. Species codes in Table 2c 
would be indicated as species that must be recorded and reported in 
NMFS logbooks and forms.
    Table 2d would be entitled, ``Species Codes: Non-FMP Species'' and 
would contain the names and species codes of species on which the State 
and NMFS have agreed for use on State fish tickets as well as NMFS 
logbooks and forms. These species codes may be recorded in NMFS 
logbooks and forms but are not required by regulations at 50 CFR part 
679.
    In addition, Tables 2a, 2b, 2c, and 2d would be revised by adding 
and revising certain species codes.

[[Page 52061]]

Table 2a

    A species code, 702, would be added to Table 2a to describe big 
skate. NMFS has implemented separate management and harvest 
specifications for this skate species that requires a new species code 
for big skate (69 FR 26313, May 12, 2004). An identification guide of 
big skates and longnose skates is available from NMFS, Alaska Region 
(see ADDRESSES) or at http://www.fakr.noaa.gov/infobulletins/2003/
Raja_poster.jpg.
    The description ``skate general,'' code 700 in Table 2a, would be 
revised to say ``Other (if longnose or big skate - use specific species 
code).''
    The description ``sharks general,'' code 689 in Table 2a, would be 
revised to say ``Other (if salmon, spiny dogfish or Pacific sleeper 
shark - use specific species code).''
    The description ``miscellaneous flatfish,'' code 120, would be 
removed from the group codes and added to the FMP species in Table 2a 
as ``Flatfish, miscellaneous (flatfish species without separate 
codes).''
    The Latin name for all individual rockfish species would be added 
to Table 2a, at the request of fishery scientists.

Table 2b

    The species name for prohibited species code 932 in Table 2b, would 
be changed from ``Opilio tanner crab'' to read ``C. opilio (snow) 
tanner crab.''
    The species name for prohibited species code 923 in Table 2b, would 
be changed from ``Gold/brown king crab'' to read ``Golden king 
(brown).''

Table 2c

    Table 2c contains a list of the FMP forage fish species, and no 
changes would be made to this list.

Table 2d

    A species code, 112, would be added to Table 2d for the species, 
Pacific hake. Fishermen increasingly are reporting catch of hake in the 
EEZ off Alaska. This creates the need for a new species code to record 
the catch.
    The species name for non-FMP species code 961 in Table 2d, would be 
changed from ``Pink shrimp'' to read ``Northern (pink).''

Regulatory text

    In Sec.  679.2, the definition for ``Forage fish'' would be revised 
by removing ``Table 2'' and adding in its place ``Table 2c.''
    In Sec.  679.2, paragraph (1) of the definition for ``Groundfish'' 
would be revised by removing ``Table 2'' and adding in its place 
``Table 2a.''
    In Sec.  679.2, the definition for ``Prohibited species'' would be 
revised by adding a reference to ``Table 2b.''
    In Sec.  679.5, titles and text of paragraphs (a)(1)(ii)(A), (B), 
and (C) would be revised by adding ``forage fish'' and by adding 
references to Tables 2a, 2b, and 2c.
    In Sec.  679.5, paragraph (m)(3)(v) would be revised by removing 
reference to group codes 144, 168, 169, or 171.
    In Sec.  679.5, paragraph (n)(2)(iv)(D) would be revised by 
removing ``Table 2'' and adding in its place ``Table 2b.''
    In Sec.  679.20, paragraph (i)(1) would be revised by removing 
``see Sec.  679.2'' and adding in its place ``See Table 2c to this 
part.''
    In Sec.  679.21, paragraph (b)(1) would be revised by removing 
``see Sec.  679.2'' and adding in its place ``see Sec.  679.2 and Table 
2b to this part.''

Other changes

    The following rockfish group codes would be removed from Table 2 to 
part 679 and are not carried over into any of the proposed tables: 144, 
slope rockfish; 168, demersal shelf rockfish; 169, pelagic shelf 
rockfish; and 171, shortraker/rougheye rockfish. Rockfish group codes 
would not be accepted for purposes of reporting rockfish, as 
Recordkeeping and Reporting (R&R) regulations require that individual 
species be identified with specific species codes. Removal of these 
group codes does not alter the use of the terms, ``slope rockfish,'' 
``demersal shelf rockfish,'' ``pelagic shelf rockfish,'' or 
``shortraker/rougheye rockfish'' in Tables 10 and 11 to 50 CFR part 
679. These terms are still valid for calculation of maximum retainable 
percentages for basis species.
    This action may require a few participants to learn to identify 
individual species of rockfish. An identification guide for rockfish of 
the northeastern Pacific Ocean is available from NMFS, Alaska Region 
(see ADDRESSES) or at: http://www.afsc.noaa.gov/race/media/
publications/archives/pubs2000/techmemo117.pdf.
    Table 2 to 50 CFR part 679 would be reformatted from one table into 
four separate tables. In addition, the description of some species 
codes would be revised, two species codes would be added, and rockfish 
group species codes would be removed. The individual rockfish species 
codes that are included in rockfish group codes that would be removed 
are described below.
    Code 144, slope rockfish, consisting of the following individual 
rockfish species: Aurora (185), Blackgill (177), Bocaccio (137), 
Chilipepper (178), Darkblotched (159), Greenstriped (135), Harlequin 
(176), Pygmy (179), Redbanded (153), Redstripe (158), Sharpchin (166), 
Shortbelly (181), Silvergray (157), Splitnose (182), Stripetail (183), 
Vermillion (184), and Yellowmouth (175).
    Code 168, demersal shelf rockfish, consisting of the following 
individual rockfish species: Canary (146), China (149), Copper (138), 
Quillback (147), Rosethorn (150), Tiger (148), and Yelloweye (145).
    Code 169, pelagic shelf rockfish, consisting of the following 
individual rockfish species: Dusky (154), Yellowtail (155), and Widow 
(156).
    Code 171, shortraker/rougheye rockfish, consisting of the following 
individual rockfish species: Shortraker (152) and Rougheye (151).

Classification

    NMFS has determined that the rule is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 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. 
The proposed rule would standardize collection of species information 
with the State, increase effectiveness of rockfish management; reflect 
current fisheries management of skates; and promote better enforcement 
of rockfish regulations. While this action may affect a substantial 
number of small entities, it does not impose a significant burden on 
small entities.
    Any operation that harvests groundfish in Alaska may find itself 
subject to this regulation. This may include 801 fishing operations 
(including catcher/processors) in the Gulf of Alaska (GOA), and 283 in 
the Bering Sea and Aleutian Islands Management Area (BSAI).\1\ In 
addition,

[[Page 52062]]

it may include the six Community Development Quota groups that operate 
in the BSAI.Similarly, this action also directly regulates shoreside 
processors and shoreside floating processors that process groundfish. 
The NMFS, Alaska Region Catch Accounting System indicates that 4 
motherships, and 65 shoreside processors (including floating shoreside 
processors) processed groundfish in 2003. All could be affected by this 
action; however, it is not possible to determine the number of small 
entities among these processors. Available information does not clearly 
identify numbers of employees at all plants, nor does it clearly 
indicate ownership affiliations in all cases. As noted below, the 
impacts of this action on entities are not significant. Therefore, the 
analysis is not affected if all ambiguous cases, where the size of an 
entity is unknown, are resolved by assuming that entities are small.
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    \1\ These are estimates of all small fishing entities (catcher 
vessels and catcher-processors) operating in the GOA and BSAI in 
2002. These estimates are based on estimates of Alaskan groundfish 
harvests. They do not take account of harvests of other species in 
Alaska or elsewhere; moreover they do not take account of 
affiliations between firms. For these reasons, they may overstate 
the numbers of small entities in the BSAI and GOA. They include 131 
vessels fishing with pots in the GOA and 64 fishing with pots in the 
BSAI. Fishermen fishing with pot gear may not harvest many skates or 
hake. These estimates are taken from Table 26.2 of the 2003 Economic 
SAFE document. This is Appendix D to the EA/RIR/IRFA for the 2003 
harvest specifications. Accessed at http://www.fakr.noaa.gov/npfmc/
safes/2002/Economic.pdf on October 17, 2003.
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    These data also allow an analysis of the individual vessels and 
processing plants that use rockfish group codes and have revealed that 
4 catcher/processors and 2 catcher/processors operating as motherships 
used rockfish group codes in either 2002 or 2003. It is not possible to 
determine whether these vessels are small entities; however, the NMFS 
Alaska Region Catch Accounting System indicates that 85 catcher/
processors and/or catcher/processors operating as motherships processed 
groundfish in the EEZ off Alaska in 2003. Thus, 6 of the 85 operations 
that harvested and processed groundfish actually used the group codes 
and will be required to change their practice. In addition, 12 
shoreside processing plants used rockfish group codes in either 2002 or 
2003. Of these, available data on American Fisheries Act affiliations, 
corporate ownership, and employment statistics\2\ suggest that 7 are 
likely large entities and potentially 5 are small entities. Thus, 12 of 
the 65 shoreside processors that processed groundfish actually used 
rockfish group codes and potentially 5 of those are small entities.
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    \2\ Compiled from Directory of Seafood Processors, Pacific 
Fishing Magazine, January 2004; Alaska Department of Labor 
processing plant monthly employment counts; and American Fisheries 
Act entities information from NMFS, Alaska Region Sustainable 
Fisheries Division.
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    This action does not impose a significant economic impact on small 
entities. Vessel operators and processors would be required to report 
hake, big skates, sharks, and rockfish species, separately, on landing 
and processing records. They are not required to report separately now; 
however, they must currently record all these fish under one of the 
existing codes. As a result, the additional reporting burden is de 
minimis. Additionally, the ADF&G implemented a requirement that 
fishermen identify these species separately on ADF&G landings records, 
starting in 2004. Therefore, fishermen that delivered their harvests 
inshore or onshore for processing were under an obligation to report 
these species separately starting in 2004. Most of the fishing 
operations that fall under these new ADF&G reporting rules are believed 
to be small entities, as are many of the processors to whom they will 
be delivering. As a result, an amendment to Federal reporting to make 
it consistent with State requirements would be less costly than doing 
nothing. Should Federal reporting requirements not be changed to 
coincide with these ADF&G rule changes, additional complexity, cost, 
and potential confusion leading to violations and fines may result. For 
both reasons, NMFS believes the economic impact of this rule, if 
adopted, would be negligible.
    The reformatting of Table 2, inclusive of definition changes and 
rockfish Latin name inclusion, will make it easier to refer to the 
different classes of fish species from other parts of the regulations, 
because NMFS would be able to specifically cite those species intended. 
This reformatting is not expected to affect the fishing industry 
directly. The addition of Pacific hake, skates, and sharks species code 
may increase the reporting burden slightly. However, the cost may be 
offset to some extent by the easing of the reporting risk, due to 
clarification of procedures for reporting catch of these species.
    The elimination of rockfish group codes would have de minimis 
financial costs for the fishing industry. The affected participants 
would be those processors who occasionally use rockfish group codes, 
plus one processor that will need to change its production operation in 
order to correctly identify transfer of processed rockfish by species. 
The time burden for collecting data (i.e., entering of species codes in 
the daily cumulative production logbooks and daily fishing logbooks) 
may increase very slightly, although the older codes will be replaced 
by the proposed codes. Overall, the industry did not use the group 
codes regularly during 2002 and 2003, and the numbers of processors 
that used rockfish group codes are small relative to the number of 
processors who process rockfish. Based on 2003 data, it appears that 
shoreside processors voluntarily identified rockfish landings by 
individual species code 99 percent of the time, and used group codes 
less about 1 percent of the time. In 2003 catcher processors and 
motherships only used rockfish group codes on about 5% of weekly 
processor reports.
    Finally, the proposed action will assure consistency with current 
ADF&G reporting rules and, thus, reduce the reporting burden, 
uncertainty, and confusion that would arise from having two conflicting 
sets of reporting codes. Because small entities are more likely to fish 
in the EEZ and land their catch in Alaska State waters or onshore, this 
burden would fall disproportionately on them. The proposed action 
removes this potentiality.
    This proposed rule contains collection-of-information requirements 
that are subject to review and approval by OMB under the Paperwork 
Reduction Act (PRA) and which have been approved by OMB. The 
collections are listed below by OMB Control Number.
    OMB Control Number 0648-0213. Total public reporting burden for 
this collection is 41,219 hours. Species codes are recorded and 
reported in this collection.
    OMB Control Number 0648-0401. Total public reporting burden for 
this collection is 1,024 hours. Species codes are recorded and reported 
in this collection.
    Send comments regarding this burden estimate, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSEES) and by e-mail to David--Rostker@omb.eop.gov, 
or fax to (202) 395-7285. Notwithstanding any other provision of the 
law, no person is required to respond to, nor shall any person be 
subject to a penalty for failure to comply with, a collection of 
information subject to the requirements of the PRA, unless that 
collection of information displays a currently valid OMB Control 
Number.
    This proposed rule does not duplicate, overlap, or conflict with 
other Federal regulations.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: August 26, 2005.
James W. Balsiger,
Acting 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:

[[Page 52063]]

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.; 1540(f); 1801 et seq.; 1851 
note; 3631 et seq.


Sec. Sec.  679.2, 679.5, 679.20, and 679.21  [Amended]

    2. In the table below, for each of the paragraphs shown in the 
``Location'' column, remove the phrase indicated in the ``Remove'' 
column and replace it with the phrase indicated in the ``Add'' column 
for the number of times indicated in the ``Frequency'' column.

------------------------------------------------------------------------
      Location             Remove                Add          Frequency
------------------------------------------------------------------------
Sec.   679.2         (see Table 2 to     (see Table 2c to    1
 definition for       this part)          this part and
 ``Forage fish''                          Sec.   679.20(i))
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Sec.   679.2         Table 2             Table 2a            1
 definition for
 paragraph (1)
 ``Groundfish''
------------------------------------------------------------------------
Sec.   679.2         Tables 1 and 2 to   Tables 1, 2a, 2c,   1
 definition for       this part,          and 2d to this
 ``Groundfish         excluding the       part
 product or fish      prohibited
 product''            species listed in
                      Table 2 to this
                      part
------------------------------------------------------------------------
Sec.   679.2         Tanner crab         Tanner crab (see    1
 definition for                           Table 2b to this
 ``Prohibited                             part)
 species''
------------------------------------------------------------------------
Sec.                 Groundfish and      Groundfish,         1
 679.5(a)(1)(ii)(A)   prohibited          prohibited
 , (B), and (C)       species             species, and
 paragraph heading                        forage fish
------------------------------------------------------------------------
Sec.                 all groundfish and  all groundfish      1
 679.5(a)(1)(ii)(A)   prohibited          (see Table 2a to
 , (B), and (C)       species             this part),
                                          prohibited
                                          species (see
                                          Table 2b to this
                                          part), and forage
                                          fish (see Table
                                          2c to this part)
------------------------------------------------------------------------
Sec.                 code for each       code for each       1
 679.5(m)(3)(v)       species from        species from
                      Table 2 to this     Tables 2a though
                      part, except        2d to this part,
                      species codes       except species
                      120, 144, 168,      code 120
                      169, or 171;
------------------------------------------------------------------------
Sec.                 Table 2             Table 2b            1
 679.5(n)(2)(iv)(D)
------------------------------------------------------------------------
Sec.   679.20(i)(1)  See Sec.   679.2    See Table 2c to     1
                                          this part
------------------------------------------------------------------------
Sec.   679.21(b)(1)  See Sec.   679.2    See Sec.   679.2    1
                                          and Table 2b to
                                          this part
------------------------------------------------------------------------

Table 2 to Part 679  [Amended]

    3. Table 2 to Part 679 Species Codes for FMP Species and non-FMP 
Species is removed and Tables 2a, 2b, 2c, and 2d to Part 679 are added 
as follows:

           Table 2a to Part 679--Species Codes: FMP Groundfish
------------------------------------------------------------------------
              Species Description                          Code
------------------------------------------------------------------------
Atka mackerel (greenling)                        193
------------------------------------------------------------------------
Flatfish, miscellaneous (flatfish species        120
 without separate codes)
------------------------------------------------------------------------
FLOUNDER                                         .......................
                                                ------------------------
 Alaska plaice                                   133
                                                ------------------------
 Arrowtooth and/or Kamchatka                     121
                                                ------------------------
 Starry                                          129
------------------------------------------------------------------------
Octopus                                          870
------------------------------------------------------------------------
Pacific cod                                      110
------------------------------------------------------------------------
Pollock                                          270
------------------------------------------------------------------------
ROCKFISH                                         .......................
                                                ------------------------
 Aurora (S. 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. ciliatus)                             154
                                                ------------------------
 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
                                                ------------------------

[[Page 52064]]

 
 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      689
 sleeper shark - usespecific species code)
                                                ------------------------
 Pacific sleeper                                 692
                                                ------------------------
 Salmon                                          690
                                                ------------------------
 Spiny dogfish                                   691
------------------------------------------------------------------------
SKATES                                           .......................
                                                ------------------------
 Big                                             702
                                                ------------------------
 Longnose                                        701
                                                ------------------------
 Other (if longnose or big skate - use specific  700
 species code)
------------------------------------------------------------------------
SOLE                                             .......................
                                                ------------------------
 Butter                                          126
                                                ------------------------
 Dover                                           124
                                                ------------------------
 English                                         128
                                                ------------------------
 Flathead                                        122
                                                ------------------------
 Petrale                                         131
                                                ------------------------
 Rex                                             125
                                                ------------------------
 Rock                                            123
                                                ------------------------
 Sand                                            132
                                                ------------------------
 Yellowfin                                       127
------------------------------------------------------------------------
Squid                                            875
------------------------------------------------------------------------
Turbot, Greenland                                134
------------------------------------------------------------------------


       Table 2b to Part 679--Species Code: FMP Prohibited Species
------------------------------------------------------------------------
              Species Description                          Code
------------------------------------------------------------------------
CRAB                                             .......................
                                                ------------------------
 King, blue                                      922
                                                ------------------------
 King, golden (brown)                            923
                                                ------------------------
 King, red                                       921
                                                ------------------------
 King, scarlet                                   924
                                                ------------------------
 Tanner, Bairdi (C. bairdi)                      931
                                                ------------------------
 Tanner, grooved                                 933
                                                ------------------------
 Tanner, snow (C. opilio)                        932
                                                ------------------------
 Tanner, triangle                                934
------------------------------------------------------------------------
 Pacific halibut                                 200
------------------------------------------------------------------------
 Pacific herring (family Clupeidae)              235
------------------------------------------------------------------------
SALMON                                           .......................
                                                ------------------------
 Chinook                                         410
                                                ------------------------
 Chum                                            450
                                                ------------------------
 Coho                                            430
                                                ------------------------
 Pink                                            440
                                                ------------------------
 Sockeye                                         420
------------------------------------------------------------------------
 Steelhead trout                                 540
------------------------------------------------------------------------


      Table 2c to Part 679--Species Codes: FMP Forage Fish Species
                 (all species of the following families)
------------------------------------------------------------------------
              Species Description                          Code
------------------------------------------------------------------------
Bristlemouths, lightfishes, and anglemouths      209
 (family Gonostomatidae)
------------------------------------------------------------------------
Capelin smelt (family Osmeridae)                 516
------------------------------------------------------------------------
Deep-sea smelts (family Bathylagidae)            773
------------------------------------------------------------------------
Eulachon smelt (family Osmeridae)                511
------------------------------------------------------------------------
Gunnels (family Pholidae)                        207
------------------------------------------------------------------------
Krill (order Euphausiacea)                       800
------------------------------------------------------------------------
Laternfishes (family Myctophidae)                772
------------------------------------------------------------------------
Pacific sandfish (family Trichodontidae)         206
------------------------------------------------------------------------
Pacific sand lance (family Ammodytidae)          774
------------------------------------------------------------------------
Pricklebacks, war-bonnets, eelblennys,           208
 cockscombs and shannys (family Stichaeidae)
------------------------------------------------------------------------
Surf smelt (family Osmeridae)                    515
------------------------------------------------------------------------


          Table 2d to Part 679--Species Codes--Non-FMP Species
------------------------------------------------------------------------
              Species Description                          Code
------------------------------------------------------------------------
Abalone                                          860
------------------------------------------------------------------------
Albacore                                         720
------------------------------------------------------------------------
Arctic char, anadromous                          521
------------------------------------------------------------------------
CLAMS                                            .......................
                                                ------------------------
 Butter                                          810
                                                ------------------------
 Cockle                                          820
                                                ------------------------
 Eastern softshell                               842
                                                ------------------------
 Geoduck                                         815
                                                ------------------------
 Little-neck                                     840
                                                ------------------------
 Razor                                           830
                                                ------------------------
 Surf                                            812
                                                ------------------------
 Coral                                           899
------------------------------------------------------------------------
CRAB                                             .......................
                                                ------------------------
 Box                                             900
                                                ------------------------
 Dungeness                                       910
                                                ------------------------
 Korean horsehair                                940
                                                ------------------------
 Multispina (Paralomis multispina)               951
                                                ------------------------
 Verrilli (Paralomis verillii)                   953
------------------------------------------------------------------------
Dolly varden, anadromous                         531
------------------------------------------------------------------------
Eels or eel-like fish                            210
------------------------------------------------------------------------
Giant grenadier                                  214
------------------------------------------------------------------------
GREENLING                                        .......................
                                                ------------------------
 Kelp                                            194
                                                ------------------------
 Rock                                            191
                                                ------------------------
 Whitespot                                       192
------------------------------------------------------------------------
Grenadier (rattail)                              213
------------------------------------------------------------------------
Jellyfish                                        625
------------------------------------------------------------------------
Lamprey, Pacific                                 600
------------------------------------------------------------------------

[[Page 52065]]

 
Lingcod                                          130
------------------------------------------------------------------------
Lumpsucker                                       216
------------------------------------------------------------------------
Mussel, blue                                     855
------------------------------------------------------------------------
Pacific flatnose                                 260
------------------------------------------------------------------------
Pacific hagfish                                  212
------------------------------------------------------------------------
Pacific hake                                     112
------------------------------------------------------------------------
Pacific saury                                    220
------------------------------------------------------------------------
Pacific tomcod                                   250
------------------------------------------------------------------------
Prowfish                                         215
------------------------------------------------------------------------
Rockfish, black (GOA)                            142
------------------------------------------------------------------------
Rockfish, blue (GOA)                             167
------------------------------------------------------------------------
Sardine, Pacific (pilchard)                      170
------------------------------------------------------------------------
Scallop, weathervane                             850
------------------------------------------------------------------------
Scallop, pink (or calico)                        851
------------------------------------------------------------------------
Sea cucumber                                     895
------------------------------------------------------------------------
Sea urchin, green                                893
------------------------------------------------------------------------
Sea urchin, red                                  892
------------------------------------------------------------------------
Shad                                             180
------------------------------------------------------------------------
SHRIMP                                           .......................
                                                ------------------------
 Coonstripe                                      964
                                                ------------------------
 Humpy                                           963
                                                ------------------------
 Northern (pink)                                 961
                                                ------------------------
 Sidestripe                                      962
                                                ------------------------
 Spot                                            965
------------------------------------------------------------------------
Skilfish                                         715
------------------------------------------------------------------------
Smelt, surf                                      515
------------------------------------------------------------------------
Snails                                           890
------------------------------------------------------------------------
Sturgeon, general                                680
------------------------------------------------------------------------

[FR Doc. 05-17454 Filed 8-31-05; 8:45 am]
BILLING CODE 3510-22-S