Fisheries of the Exclusive Economic Zone Off Alaska; Revise Maximum Retainable Amounts of Groundfish Using Arrowtooth Flounder as a Basis Species in the Gulf of Alaska, 13348-13354 [E9-6892]
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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
(TAL) is listed as 4, 170 mt. In the third
column, the commercial quota is listed
at 3,123 mt, and the recreational harvest
limit is listed as 965 mt.
The corrected values for these scup
specification values are as follows: The
2009 proposed TAC is 5,307 mt, the
final rule TAC is 7,049 mt, the final rule
TAL is 5,071 mt, the commercial quota
is 3,798 mt, and the recreational harvest
limit is 1,173 mt.
The black sea bass commercial quota
in the first column of page 35 is listed
as 1,043 mt. The corrected value for the
commercial quota is 495 mt.
Dated: March 20, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Approved: March 24, 2009.
Charles E. Johnson,
Acting Secretary.
[FR Doc. E9–6907 Filed 3–24–09; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 090311306–9309–01]
RIN 0648–XN88
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2009 Scup
and Black Sea Bass Specifications;
Correction
sroberts on PROD1PC70 with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
SUMMARY: On January 2, 2009, NMFS
published in the Federal Register a final
rule containing final specifications for
the 2009 scup and black sea bass
fisheries. On six occasions in the
preamble text of that rule, the English
system of measurement in pounds for
various iterations of the scup and black
sea bass specifications were incorrectly
converted into metric system of
measurement equivalents. This
document corrects those values to
insure that the metric values are
consistent with the 2009 specifications.
DATES: Effective March 27, 2009,
through December 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Michael Ruccio, Fishery Policy Analyst,
(978) 281–9104.
SUPPLEMENTARY INFORMATION: The final
rule, including final quota specifications
(i.e., commercial quota and recreational
harvest limit) for the 2009 summer
flounder, scup, and black sea bass
fisheries was published in the Federal
Register on January 2, 2009 (74 FR 29).
On page 32, in the first column, the
proposed scup Total Allowable Catch
(TAC) is listed as 5,339 metric tons (mt),
the TAC implemented by the final rule
in the second column is listed as 5,796
mt, and the Total Allowable Landings
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Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator finds good
cause to waive prior notice and
opportunity for additional public
comment for this action because any
delay of this action would be contrary
to the public interest. As explained
above, this rule corrects various metric
values for the 2009 scup TAC, TAL,
commercial quota, and recreational
harvest limit and black sea bass
commercial quota that had already been
published in the Federal Register. In the
final specifications rule published
January 2, 2009 (74 FR 29), the various
quota iterations were correctly listed in
the English system of measurement.
These values were inadvertently
converted to the metric system utilizing
the incorrect conversion factor and thus,
the metric values listed in the final
specifications rule are not correct or
equal to the English system values. To
delay this correction notice would cause
confusion over the aforementioned
available 2009 scup and black sea bass
harvest levels because of the disparity
between the English system of
measurement, in pounds, and the metric
expression of those same values, in
metric tons that were incorrectly
converted in the original specifications
that published January 2, 2009 (74 FR
29). Moreover, pursuant to 5 U.S.C.
553(d), the Assistant Administrator
finds good cause to waive the 30-day
delay in effective date for the reasons
given above. Delaying the rule for 30
days may negatively impact fishermen
accustomed to referring to the metric
system of measurement because the
values for the aforementioned harvest
levels were incorrectly converted from
the English system of measurement in
the final specifications. The immediate
publication of the correct information
will rectify any confusion on the matter
of what the metric expression of the
2009 scup and black sea bass harvest
levels should be.
Because prior notice and opportunity
for public comment are not required for
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this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This final rule is exempt from review
under Executive Order 12866.
Correction
Accordingly, the final rule FR Doc.
E8–31236, published on January 2, 2009
(74 FR 29), is corrected as follows:
1. On page 32:
a. In the first column, in the last
paragraph, in the seventh line, ‘‘(5, 339–
mt) scup Total Allowable Catch’’ is
corrected to read ‘‘(5,307- mt) , scup
Total Allowable Catch’’ and in the
second column, in the last paragraph, in
the second line, ‘‘(5,796–mt) scup TAC’’
is corrected to read ‘‘(7,049 -mt) scup
TAC’’, and in the third line, ‘‘(4,170–mt)
scup TAL.’’is corrected to read ‘‘(5,071mt) scup TAL’’.
b. In the third column, in the seventh
line, ‘‘commercial quota of 8,373,848 lb
(3,123 mt) is corrected to read
‘‘commercial quota of 8,373,848 lb
(3,798 mt) and in the eighth and ninth
lines, ‘‘recreational harvest limit of
2,585,952 lb (965 mt).’’ is corrected to
read ‘‘recreational harvest limit of
2,585,952 lb (1, 173 mt).’’
2. On page 35, in the first column, in
the fourth line, ‘‘(1,048–mt) black sea
bass TAL.’’ is corrected to read ‘‘(495–
mt) black sea bass TAL.’’
Dated: March 23, 2009
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E9–6898 Filed 3–26–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 080103016–9316–02]
RIN 0648–AW40
Fisheries of the Exclusive Economic
Zone Off Alaska; Revise Maximum
Retainable Amounts of Groundfish
Using Arrowtooth Flounder as a Basis
Species in the Gulf of Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues a regulation to
revise the maximum retainable amounts
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(MRAs) of groundfish using arrowtooth
flounder as a basis species in the Gulf
of Alaska. This action increases the
MRAs from 0 percent to 20 percent for
deep–water flatfish, rex sole, flathead
sole, shallow–water flatfish, Atka
mackerel, and skates; from 0 percent to
5 percent for aggregated rockfish; and
from 0 percent to 1 percent for sablefish.
The intended effect of this action is to
reduce regulatory discards of otherwise
marketable groundfish in the arrowtooth
flounder fishery. This action is intended
to promote the goals and objectives of
the Magnuson–Stevens Fishery
Conservation and Management Act, the
Fishery Management Plan for
Groundfish of the Gulf of Alaska, and
other applicable law.
DATES: Effective March 27, 2009.
ADDRESSES: Copies of the
Environmental Assessment/Regulatory
Impact Review/Final Regulatory
Flexibility Analysis (EA/RIR/FRFA)
prepared for this action are available
from the Alaska Region website at
https://www.fakr.noaa.gov/
sustainablefisheries.htm. Printed copies
may be obtained from the Alaska Region
NMFS, P.O. Box 21668, Juneau, AK
99802, Attn: Ellen Sebastian.
FOR FURTHER INFORMATION CONTACT: Tom
Pearson, 907–481–1780.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the groundfish
fisheries in the exclusive economic zone
in the Gulf of Alaska (GOA) under the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (FMP).
The North Pacific Fishery Management
Council (Council) prepared the FMP
under the authority of the Magnuson–
Stevens Fishery Conservation and
Management Act (Magnuson–Stevens
Act), 16 U.S.C. 1801 et seq. Regulations
governing U.S. fisheries and
implementing the FMP appear at 50
CFR parts 600 and 679.
Regulations at § 679.20(e) establish
maximum retainable amount (MRA)
percentages for groundfish species and
species groups. These MRA percentages
establish the amount of a species closed
to directed fishing that may be retained
onboard a vessel, relative to the
amounts of other groundfish open to
directed fishing retained onboard the
vessel. MRA percentages serve as a
management tool to slow down the rate
of harvest and reduce the incentive for
targeting a species closed to directed
fishing. MRAs also allow for retention of
incidentally caught species instead of
requiring regulatory discards of species
closed to directed fishing. MRA
percentages do not reflect a natural
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incidental catch rate, but rather, reflect
a balance between the recognized need
to slow harvest rates, minimize the
potential for discards, and, in some
cases, provide an increased opportunity
to harvest available total allowable catch
(TAC) through limited targeting activity.
In October 2006, the Council received
a proposal from industry to increase the
MRAs for several groundfish species
using arrowtooth flounder as a basis
species because arrowtooth flounder is
now a viable target fishery. Effort by the
trawl fleet to improve retention of
groundfish species is constrained by the
current MRAs. In addition, to support
the increased catch of arrowtooth
flounder, the annual TAC for arrowtooth
flounder was increased from 5,000 mt to
8,000 mt in the Western GOA in 2001
and has remained at that level since
then. The arrowtooth flounder TAC was
increased from 25,000 mt to 30,000 mt
in the Central GOA in 2007 and
remained at that level in 2008. Total
catch of arrowtooth flounder in the
GOA, including both directed fishing
and incidental catch in other groundfish
fisheries, has increased from 16,247 mt
in 1997 to 25,340 mt in 2007. Over the
same period the retention of arrowtooth
flounder in all trawl fisheries has
increased from 18 percent to 58 percent
of the total catch of arrowtooth flounder
in the GOA, an indication of a growing
market for arrowtooth flounder. In the
2006 directed arrowtooth flounder
fishery in the GOA, 82 percent of
arrowtooth flounder catch was retained.
The Council took final action in
October 2007, and selected the
industry’s proposal as its preferred
alternative. This final rule revises the
GOA Retainable Percentages listed in
Table 10 to part 679 to increase the
MRAs for selected groundfish species
using arrowtooth flounder as a basis
species. The MRAs for deep–water
flatfish, rex sole, flathead sole, shallow–
water flatfish, Atka mackerel, and skates
is increased from 0 percent to 20
percent; the MRA for aggregated
rockfish is increased from 0 percent to
5 percent; and the MRA for sablefish is
increased from 0 percent to 1 percent.
The MRAs for pollock, Pacific cod,
(other species,( and forage fish using
arrowtooth flounder as a basis species
are unchanged.
The Environmental Assessment
prepared for this action concluded that
the proposed increase of the MRAs for
selected species of groundfish using
arrowtooth flounder as a basis species
would not affect any groundfish stock or
any other component of the physical or
biological environment. Under this final
rule, the MRAs for groundfish in the
arrowtooth flounder fishery are
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increased from current levels and
greater amounts of groundfish closed to
directed fishing may be retained in the
arrowtooth flounder fishery instead of
discarded. However, even though the
amounts of groundfish retained in the
arrowtooth flounder fishery could
increase, total removals of each species
would still be within the TAC levels for
each species and would be further
constrained by halibut PSC limitations
that often close directed fishing for
groundfish by vessels using trawl gear.
The impacts of the harvest strategies
and resulting TAC amounts were
analyzed in the 2007 Alaska Groundfish
Harvest Final Specifications
Environmental Impact Statement
available at https://www.fakr.noaa.gov.
Further information on the background
of this final rule may be found in the
proposed rule for this action (73 FR
71592 November 25, 2008). Comments
on the proposed rule were invited and
accepted through December 26, 2008.
Response to Comments
NMFS received two letters of
comment on the proposed rule. One in
opposition to the proposed rule from a
private citizen and one in support of the
proposed rule from the Alaska
Groundfish Data Bank. A summary of
those comments and NMFS’s responses
follow.
Comment 1: The commenter opposed
any increase in the amount of fish
allowed to be caught.
Response: Revising the MRAs in the
GOA arrowtooth flounder fishery does
not increase the total amount of any
groundfish species that may be
harvested in the GOA groundfish
fisheries. Those catch limits are
established through the annual
specifications process and remain the
limit on total catch. This regulatory
amendment allows greater retention of
species caught incidentally in the GOA
arrowtooth flounder fishery and is
intended to reduce regulatory discards
and increase utilization of groundfish
species already caught. All catch of
groundfish or prohibited species in the
arrowtooth flounder fishery that is
reported or estimated to be caught using
observer data will be subtracted from
the total allowable catch for those
species and fisheries will be closed by
NMFS once those limits are reached.
Comment 2: The processor and
shoreside trawl members of the Alaska
Groundfish Data Bank support this
proposed rule to revise the maximum
retainable amounts in the GOA
arrowtooth flounder fishery.
Response: NMFS acknowledges the
comment and its support for this action.
This final rule revises the MRAs for
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groundfish in the GOA arrowtooth
flounder fishery as described in the
proposed rule.
This final rule revises § 679.20(f)(2) to
remove the prohibition that arrowtooth
flounder not be used as a basis species
to calculate retainable amounts of other
groundfish species.
This final rule reflects revisions to
Table 10 that have occurred since the
proposed rule’s publication in the
Federal Register. Table 10 was revised
by a final rule that implemented a
variety of recordkeeping and reporting
regulatory amendments (73 FR 76136;
December 15, 2008) and a final rule that
implemented Amendments 73/77 to
revise the management authority for
dark rockfish in the BSAI and GOA (73
FR 80307, December 31, 2008).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson–Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
FMP, other provisions of the
Magnuson–Stevens Act, and other
applicable laws.
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866.
A final regulatory flexibility analysis
(FRFA) was prepared. The FRFA
incorporates the initial regulatory
flexibility analysis (IRFA), and provides
a summary of the analyses completed to
support the action. A copy of this
analysis is available from NMFS (see
ADDRESSES). The need for and objectives
of this action are described in the
background section of this final rule. No
comments were received on the IRFA or
on the economic effects of the rule.
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, and
have annual receipts less than $4.0
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
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compliance costs as a percent of sales
for large entities.
The FRFA estimated that 18 trawl
catcher vessels participating in the
arrowtooth flounder fishery qualify as
‘‘small entities’’ for purposes of the
Regulatory Flexibility Act. None of the
catcher/processors participating in the
arrowtooth flounder fishery qualify as
small entities.
Three alternatives were analyzed for
their impact. Alternative 1, the status
quo or no action alternative, would
leave the MRAs for groundfish in the
arrowtooth flounder fishery unchanged
from current levels, and would continue
to require fishermen to discard
otherwise marketable groundfish.
Alternative 2, the Council(s preferred
alternative brought forward as a
proposal from the industry, would
increase the MRAs for some species of
groundfish in the arrowtooth flounder
fishery in order to reduce discards of
otherwise marketable fish without
raising allocation concerns with respect
to pollock, Pacific cod, rockfish, and
sablefish. Alternative 3, developed by
NMFS and Council staff, would increase
the MRAs for groundfish species caught
in the arrowtooth flounder fishery to
levels estimated to cover incidental
catch of these species. Under
Alternative 3 the MRAs for deep–water
flatfish (5 percent), rex sole (10 percent),
flathead sole (15 percent), shallow–
water flatfish (5 percent), Atka mackerel
(5 percent), and skates (10 percent)
would be lower than the 20 percent
proposed under Alternative 2.
Alternatives 2 and 3 would provide an
opportunity to retain additional,
economically valuable groundfish
species in the arrowtooth flounder
directed fishery. This would be
beneficial to the affected small entities.
The benefits to small entities under
Alternative 2, the preferred alternative,
would be slightly greater than under
Alternative 3. No negative impacts on
small entities are associated with either
Alternative 2 or 3.
This regulation does not impose new
recordkeeping and reporting
requirements on the regulated small
entities.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions that a small entity is
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required to take to comply with a rule
or group of rules.
The preamble to the proposed rule
and this final rule fully explain the
regulatory amendments that will be
implemented to increase the MRAs for
selected groundfish species in the GOA
arrowtooth flounder fishery. The
proposed rule, final rule, and
regulations governing the groundfish
fisheries off Alaska, particularly Table
10 to 50 CFR part 679, are the best
source of information about how to
comply with these revised MRAs and,
therefore, collectively they represent the
small entity compliance guide for this
final rule. These documents are
available from NMFS (see ADDRESSES)
and from the NMFS Alaska Region’s
website at https://
alaskafisheries.noaa.gov. The revised
version of Table 10 to 50 CFR also is
published at the end of this final rule.
The Assistant Administrator for
Fisheries, NOAA, finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). Revisions to the maximum
retainable amounts of selected
groundfish in the GOA arrowtooth
flounder fishery relieve a restriction on
fishermen participating in this fishery,
and would not place any restriction on
other components of the fishery. This
action will allow increased retention of
selected species of groundfish closed to
directed fishing in the arrowtooth
flounder fishery in the GOA which
would otherwise be required by
regulation.
This final rule contains no additional
collection–of–information requirements
subject to review and approval by OMB
under the Paperwork Reduction Act.
The analysis did not reveal any
Federal rules that duplicate, overlap, or
conflict with the final action.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries.
Dated: March 24, 2009.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 679 is amended
as follows:
■
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
■
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447.
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2. In § 679.20 the first sentence of
paragraph (f)(2) is revised to read as
follows:
■
§ 679.20
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*
*
General limitations.
*
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*
(f) * * *
(2) Retainable amounts. Any
groundfish species for which directed
fishing is closed may not be used to
*
15:28 Mar 26, 2009
calculate retainable amounts of other
groundfish species. * * *
*
*
*
*
*
■ 3. Table 10 to 50 CFR part 679 is
revised to read as follows:
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[FR Doc. E9–6892 Filed 3–26–09; 8:45 am]
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]]>Agencies
[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Rules and Regulations]
[Pages 13348-13354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6892]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 080103016-9316-02]
RIN 0648-AW40
Fisheries of the Exclusive Economic Zone Off Alaska; Revise
Maximum Retainable Amounts of Groundfish Using Arrowtooth Flounder as a
Basis Species in the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a regulation to revise the maximum retainable
amounts
[[Page 13349]]
(MRAs) of groundfish using arrowtooth flounder as a basis species in
the Gulf of Alaska. This action increases the MRAs from 0 percent to 20
percent for deep-water flatfish, rex sole, flathead sole, shallow-water
flatfish, Atka mackerel, and skates; from 0 percent to 5 percent for
aggregated rockfish; and from 0 percent to 1 percent for sablefish. The
intended effect of this action is to reduce regulatory discards of
otherwise marketable groundfish in the arrowtooth flounder fishery.
This action is intended to promote the goals and objectives of the
Magnuson-Stevens Fishery Conservation and Management Act, the Fishery
Management Plan for Groundfish of the Gulf of Alaska, and other
applicable law.
DATES: Effective March 27, 2009.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for
this action are available from the Alaska Region website at https://www.fakr.noaa.gov/sustainablefisheries.htm. Printed copies may be
obtained from the Alaska Region NMFS, P.O. Box 21668, Juneau, AK 99802,
Attn: Ellen Sebastian.
FOR FURTHER INFORMATION CONTACT: Tom Pearson, 907-481-1780.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the groundfish fisheries in the exclusive economic
zone in the Gulf of Alaska (GOA) under the Fishery Management Plan for
Groundfish of the Gulf of Alaska (FMP). The North Pacific Fishery
Management Council (Council) prepared the FMP under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing U.S.
fisheries and implementing the FMP appear at 50 CFR parts 600 and 679.
Regulations at Sec. 679.20(e) establish maximum retainable amount
(MRA) percentages for groundfish species and species groups. These MRA
percentages establish the amount of a species closed to directed
fishing that may be retained onboard a vessel, relative to the amounts
of other groundfish open to directed fishing retained onboard the
vessel. MRA percentages serve as a management tool to slow down the
rate of harvest and reduce the incentive for targeting a species closed
to directed fishing. MRAs also allow for retention of incidentally
caught species instead of requiring regulatory discards of species
closed to directed fishing. MRA percentages do not reflect a natural
incidental catch rate, but rather, reflect a balance between the
recognized need to slow harvest rates, minimize the potential for
discards, and, in some cases, provide an increased opportunity to
harvest available total allowable catch (TAC) through limited targeting
activity.
In October 2006, the Council received a proposal from industry to
increase the MRAs for several groundfish species using arrowtooth
flounder as a basis species because arrowtooth flounder is now a viable
target fishery. Effort by the trawl fleet to improve retention of
groundfish species is constrained by the current MRAs. In addition, to
support the increased catch of arrowtooth flounder, the annual TAC for
arrowtooth flounder was increased from 5,000 mt to 8,000 mt in the
Western GOA in 2001 and has remained at that level since then. The
arrowtooth flounder TAC was increased from 25,000 mt to 30,000 mt in
the Central GOA in 2007 and remained at that level in 2008. Total catch
of arrowtooth flounder in the GOA, including both directed fishing and
incidental catch in other groundfish fisheries, has increased from
16,247 mt in 1997 to 25,340 mt in 2007. Over the same period the
retention of arrowtooth flounder in all trawl fisheries has increased
from 18 percent to 58 percent of the total catch of arrowtooth flounder
in the GOA, an indication of a growing market for arrowtooth flounder.
In the 2006 directed arrowtooth flounder fishery in the GOA, 82 percent
of arrowtooth flounder catch was retained.
The Council took final action in October 2007, and selected the
industry's proposal as its preferred alternative. This final rule
revises the GOA Retainable Percentages listed in Table 10 to part 679
to increase the MRAs for selected groundfish species using arrowtooth
flounder as a basis species. The MRAs for deep-water flatfish, rex
sole, flathead sole, shallow-water flatfish, Atka mackerel, and skates
is increased from 0 percent to 20 percent; the MRA for aggregated
rockfish is increased from 0 percent to 5 percent; and the MRA for
sablefish is increased from 0 percent to 1 percent. The MRAs for
pollock, Pacific cod, (other species,( and forage fish using arrowtooth
flounder as a basis species are unchanged.
The Environmental Assessment prepared for this action concluded
that the proposed increase of the MRAs for selected species of
groundfish using arrowtooth flounder as a basis species would not
affect any groundfish stock or any other component of the physical or
biological environment. Under this final rule, the MRAs for groundfish
in the arrowtooth flounder fishery are increased from current levels
and greater amounts of groundfish closed to directed fishing may be
retained in the arrowtooth flounder fishery instead of discarded.
However, even though the amounts of groundfish retained in the
arrowtooth flounder fishery could increase, total removals of each
species would still be within the TAC levels for each species and would
be further constrained by halibut PSC limitations that often close
directed fishing for groundfish by vessels using trawl gear. The
impacts of the harvest strategies and resulting TAC amounts were
analyzed in the 2007 Alaska Groundfish Harvest Final Specifications
Environmental Impact Statement available at https://www.fakr.noaa.gov.
Further information on the background of this final rule may be found
in the proposed rule for this action (73 FR 71592 November 25, 2008).
Comments on the proposed rule were invited and accepted through
December 26, 2008.
Response to Comments
NMFS received two letters of comment on the proposed rule. One in
opposition to the proposed rule from a private citizen and one in
support of the proposed rule from the Alaska Groundfish Data Bank. A
summary of those comments and NMFS's responses follow.
Comment 1: The commenter opposed any increase in the amount of fish
allowed to be caught.
Response: Revising the MRAs in the GOA arrowtooth flounder fishery
does not increase the total amount of any groundfish species that may
be harvested in the GOA groundfish fisheries. Those catch limits are
established through the annual specifications process and remain the
limit on total catch. This regulatory amendment allows greater
retention of species caught incidentally in the GOA arrowtooth flounder
fishery and is intended to reduce regulatory discards and increase
utilization of groundfish species already caught. All catch of
groundfish or prohibited species in the arrowtooth flounder fishery
that is reported or estimated to be caught using observer data will be
subtracted from the total allowable catch for those species and
fisheries will be closed by NMFS once those limits are reached.
Comment 2: The processor and shoreside trawl members of the Alaska
Groundfish Data Bank support this proposed rule to revise the maximum
retainable amounts in the GOA arrowtooth flounder fishery.
Response: NMFS acknowledges the comment and its support for this
action. This final rule revises the MRAs for
[[Page 13350]]
groundfish in the GOA arrowtooth flounder fishery as described in the
proposed rule.
This final rule revises Sec. 679.20(f)(2) to remove the
prohibition that arrowtooth flounder not be used as a basis species to
calculate retainable amounts of other groundfish species.
This final rule reflects revisions to Table 10 that have occurred
since the proposed rule's publication in the Federal Register. Table 10
was revised by a final rule that implemented a variety of recordkeeping
and reporting regulatory amendments (73 FR 76136; December 15, 2008)
and a final rule that implemented Amendments 73/77 to revise the
management authority for dark rockfish in the BSAI and GOA (73 FR
80307, December 31, 2008).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable laws.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis (IRFA),
and provides a summary of the analyses completed to support the action.
A copy of this analysis is available from NMFS (see ADDRESSES). The
need for and objectives of this action are described in the background
section of this final rule. No comments were received on the IRFA or on
the economic effects of the rule.
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, and have annual receipts less
than $4.0 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.
The FRFA estimated that 18 trawl catcher vessels participating in
the arrowtooth flounder fishery qualify as ``small entities'' for
purposes of the Regulatory Flexibility Act. None of the catcher/
processors participating in the arrowtooth flounder fishery qualify as
small entities.
Three alternatives were analyzed for their impact. Alternative 1,
the status quo or no action alternative, would leave the MRAs for
groundfish in the arrowtooth flounder fishery unchanged from current
levels, and would continue to require fishermen to discard otherwise
marketable groundfish. Alternative 2, the Council(s preferred
alternative brought forward as a proposal from the industry, would
increase the MRAs for some species of groundfish in the arrowtooth
flounder fishery in order to reduce discards of otherwise marketable
fish without raising allocation concerns with respect to pollock,
Pacific cod, rockfish, and sablefish. Alternative 3, developed by NMFS
and Council staff, would increase the MRAs for groundfish species
caught in the arrowtooth flounder fishery to levels estimated to cover
incidental catch of these species. Under Alternative 3 the MRAs for
deep-water flatfish (5 percent), rex sole (10 percent), flathead sole
(15 percent), shallow-water flatfish (5 percent), Atka mackerel (5
percent), and skates (10 percent) would be lower than the 20 percent
proposed under Alternative 2. Alternatives 2 and 3 would provide an
opportunity to retain additional, economically valuable groundfish
species in the arrowtooth flounder directed fishery. This would be
beneficial to the affected small entities. The benefits to small
entities under Alternative 2, the preferred alternative, would be
slightly greater than under Alternative 3. No negative impacts on small
entities are associated with either Alternative 2 or 3.
This regulation does not impose new recordkeeping and reporting
requirements on the regulated small entities.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions that a small entity is
required to take to comply with a rule or group of rules.
The preamble to the proposed rule and this final rule fully explain
the regulatory amendments that will be implemented to increase the MRAs
for selected groundfish species in the GOA arrowtooth flounder fishery.
The proposed rule, final rule, and regulations governing the groundfish
fisheries off Alaska, particularly Table 10 to 50 CFR part 679, are the
best source of information about how to comply with these revised MRAs
and, therefore, collectively they represent the small entity compliance
guide for this final rule. These documents are available from NMFS (see
ADDRESSES) and from the NMFS Alaska Region's website at https://alaskafisheries.noaa.gov. The revised version of Table 10 to 50 CFR
also is published at the end of this final rule.
The Assistant Administrator for Fisheries, NOAA, finds good cause
to waive the 30-day delay in the effective date of this action under 5
U.S.C. 553(d)(3). Revisions to the maximum retainable amounts of
selected groundfish in the GOA arrowtooth flounder fishery relieve a
restriction on fishermen participating in this fishery, and would not
place any restriction on other components of the fishery. This action
will allow increased retention of selected species of groundfish closed
to directed fishing in the arrowtooth flounder fishery in the GOA which
would otherwise be required by regulation.
This final rule contains no additional collection-of-information
requirements subject to review and approval by OMB under the Paperwork
Reduction Act.
The analysis did not reveal any Federal rules that duplicate,
overlap, or conflict with the final action.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries.
Dated: March 24, 2009.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 679 is amended as
follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447.
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0
2. In Sec. 679.20 the first sentence of paragraph (f)(2) is revised to
read as follows:
Sec. 679.20 General limitations.
* * * * *
(f) * * *
(2) Retainable amounts. Any groundfish species for which directed
fishing is closed may not be used to calculate retainable amounts of
other groundfish species. * * *
* * * * *
0
3. Table 10 to 50 CFR part 679 is revised to read as follows:
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[FR Doc. E9-6892 Filed 3-26-09; 8:45 am]
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