Fisheries of the Exclusive Economic Zone Off Alaska; Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering Sea and Aleutian Islands and the Gulf of Alaska, 22703-22715 [2020-08145]
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
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EPA’s regulations. When reviewing SIP
submissions, the EPA’s role is to
approve state choices provided they
meet the criteria of the CAA, and the
applicable federal regulations pertaining
to the specific submitted revision(s)
being acted on. The EPA has reviewed
the proposed changes to the Texas NSR
regulations and preliminarily finds
them to be consistent with CAA sections
110(a)(2)(C) and 110(l), and the EPA’s
NSR regulations located at 40 CFR
51.160–51.164.
III. Proposed Action
The EPA has made the preliminary
determination that the January 29, 2020,
regulations proposed for adoption by
the TCEQ, and submitted to the EPA for
parallel processing on January 30, 2020,
as proposed revisions to the Texas SIP
and the State’s minor NSR permit rules,
are in accordance with the CAA and the
EPA’s regulations, policy, and guidance
for NSR permitting. The EPA’s analysis
indicates the proposed revisions to 30
TAC Section 116 satisfy the federal
requirements for air pollution control
permits and will not cause or contribute
to an increase in the NAAQS; thus, will
not interfere with attainment or
reasonable further progress. Therefore,
pursuant to section 110(l) of the CAA,
the EPA proposes approval of the
following revisions, proposed on
January 29, 2020, and submitted by the
TCEQ on January 30, 2020 with a
request for parallel processing:
• Revisions to 30 TAC Section
116.110 (except for Sections
116.110(a)(5), (c) and (d) that are not
part of the Texas SIP);
• Revisions to 30 TAC Section
116.116;
• Addition of 30 TAC Section
116.118;
• Revisions to 30 TAC Section
116.710;
• Revisions to 30 TAC Section
116.721.
Additionally, the EPA proposes a
ministerial change to 40 CFR 52.2270(c)
to clarify that 30 TAC Section 116.110
Subsections (d) change in ownership, (e)
submittal under PE seal, and (f)
responsibility for permit application
were approved on November 14, 2003,
and include their appropriate relettering to 30 TAC Subsections
116.110(e), (f), and (g), respectively,
from the January 30, 2020, parallel
processing request.
The EPA is proposing this action in
parallel with the state’s rulemaking
process. We cannot take a final action
until the State completes its rulemaking
process, adopts its final regulations, and
submits these final adopted regulations
as revisions to the Texas SIP. If during
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the response to comments process, the
State rule is changed significantly from
the proposed rule and the rule upon
which the EPA proposed, the EPA may
have to withdraw our initial proposed
rule and re-propose based on the final
SIP submittal.
IV. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
revisions to the Texas regulations as
described in the Proposed Action
section above. We have made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
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• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 14, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020–08156 Filed 4–22–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200413–0111]
RIN 0648–BJ49
Fisheries of the Exclusive Economic
Zone Off Alaska; Reclassifying Sculpin
Species in the Groundfish Fisheries of
the Bering Sea and Aleutian Islands
and the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
Proposed rule; request for
comments.
ACTION:
NMFS proposes regulations to
implement Amendment 121 to the
Fishery Management Plan (FMP) for
Groundfish of the Bering Sea and
Aleutian Islands (BSAI) Management
Area (BSAI FMP) and Amendment 110
to the FMP for Groundfish of the Gulf
of Alaska (GOA) (GOA FMP),
collectively referred to as Amendments
121/110. If approved, this proposed rule
would prohibit directed fishing for
sculpins by federally permitted
groundfish fishermen and specify a
sculpin retention limit in the GOA and
BSAI groundfish fisheries. This action is
necessary to properly classify sculpins
in the BSAI and GOA FMPs. This
proposed rule is intended to promote
the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), Amendments
121/110, the BSAI and GOA FMPs, and
other applicable laws.
DATES: Submit comments on or before
May 26, 2020.
ADDRESSES: You may submit comments
on this document, identified by FDMS
Docket Number NOAA–NMFS–2020–
0004, by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200004, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the draft
Environmental Assessment and the
Regulatory Impact Review (collectively
referred to as the ‘‘Analysis’’) prepared
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SUMMARY:
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for this proposed rule may be obtained
from www.regulations.gov.
Electronic copies of the Initial
Regulatory Flexibility Analyses for the
BSAI and GOA Groundfish Harvest
Specifications for 2020–2021 may be
obtained from www.regulations.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule may
be submitted by mail to NMFS at the
above address; and by email to OIRA_
Submission@omb.eop.gov or by fax to
202–395–5806.
FOR FURTHER INFORMATION CONTACT:
Megan Mackey, 907–586–7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish
fisheries in the exclusive economic zone
(EEZ) of the BSAI and GOA under the
BSAI and GOA FMPs (the FMPs),
respectively. The North Pacific Fishery
Management Council (Council)
prepared the FMPs under the authority
of the Magnuson-Stevens Act, 16 U.S.C.
1801 et seq. Regulations governing U.S.
fisheries and implementing the BSAI
and GOA FMPs appear at 50 CFR parts
600 and 679.
This proposed rule would implement
Amendments 121/110 to the BSAI and
GOA FMPs, respectively. The Council
submitted Amendments 121/110 for
review by the Secretary of Commerce
(Secretary), and a Notice of Availability
(NOA) of Amendments 121/110 was
published in the Federal Register on
March 23, 2020, with comments invited
through May 22, 2020. Comments
submitted on this proposed rule by the
end of the comment period (See DATES)
will be considered by NMFS and
addressed in the response to comments
in the final rule. Comments submitted
on this proposed rule may also address
Amendments 121/110. However, all
comments addressing Amendments
121/110 must be received by May 22,
2020 to be considered in the approval/
disapproval decision on Amendments
121/110. Commenters do not need to
submit the same comments on both the
NOA and this proposed rule. All
relevant written comments received by
May 22, 2020, whether specifically
directed to the FMP amendments, this
proposed rule, or both, will be
considered by NMFS in the approval/
disapproval decision for Amendments
121/110 and addressed in the response
to comments in the final rule.
Background
In October 2019, the Council voted to
recommend Amendments 121/110 to
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reclassify sculpins as non-target
ecosystem component (EC) species, not
in need of conservation and
management. Sculpins are currently
classified as target species in the FMPs,
though as discussed below, sculpins are
currently only caught incidental to other
target fisheries. To implement
amendments 121/110, NMFS proposes
regulations to prohibit directed fishing
for sculpins by federally permitted
groundfish fishermen and to specify a
sculpin retention limit in the GOA and
BSAI groundfish fisheries. The
following sections of this preamble
provide (1) groundfish stock
classification in the FMPs and a brief
history of this proposed action; (2) the
National Standards (NS) guidance for
determining which species require
conservation and management; (3) a
description of Amendments 121/110;
and (4) the regulatory changes made by
this proposed rule.
Stock Classification in FMPs and a Brief
History of This Proposed Action
Among other requirements, FMPs
must comply with the MagnusonStevens Act NS (16 U.S.C. 1851). NMFS
has implemented regulations to provide
guidance on the interpretation and
application of these NS. Relevant to this
proposed rule, the NS guidelines at 50
CFR 600.305(d)(11), (12) and (13) define
three classifications for stocks in an
FMP: (1) Target stocks in need of
conservation and management that
fishers seek to catch; (2) non-target
stocks in need of conservation and
management that are caught
incidentally during the pursuit of target
stocks; and (3) EC species that do not
require conservation and management,
but may be listed in an FMP in order to
achieve ecosystem management
objectives.
Under the groundfish FMPs, and
harvest limit regulations at § 679.20,
NMFS must establish an overfishing
level (OFL), an acceptable biological
catch (ABC) and a total allowable catch
(TAC) for each stock or stock complex
(i.e., species or species group) that is
assigned a target or a non-target species
category classification. Overfishing
occurs when the amount of catch of a
stock or stock complex jeopardizes the
capacity of the stock or stock complex
to produce the maximum sustainable
yield on a continuing basis. NMFS
manages fisheries in an effort to ensure
that no OFLs are exceeded in any year.
Regulations at §§ 679.20(d)(1) through
(3) define the process NMFS uses to
limit or prohibit fishing to prevent
overfishing and maintain total catch at
or below the OFL. The FMPs define the
ABC as the level of a species or species
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group’s annual catch that accounts for
the scientific uncertainty in the estimate
of OFL and any other scientific
uncertainty. Regulations at
§§ 679.20(d)(1) and (2) describe the
range of management measures that
NMFS uses to maintain total catch at or
below the ABC. The FMPs define the
TAC as the annual catch target for a
species or species group, derived from
the ABC by considering social and
economic factors and management
uncertainty. The TAC must be set lower
than or equal to the ABC. Regulations at
§§ 679.20(d)(1) and (2) describe the
range of management measures that
NMFS uses to maintain total catch at or
below the TAC.
NMFS establishes the OFL, ABC, and
TAC for each species or species group
through the annual harvest specification
process. For the most recent example of
the annual harvest specifications, please
see the proposed 2020/2021 annual
harvest specifications (84 FR 66129,
December 3, 2019 and 84 FR 66109,
December 3, 2019).
In 2010, Amendments 96/87 to the
BSAI and GOA FMPs, respectively,
established the EC category and
designated prohibited species (salmon,
steelhead trout, crab, halibut, and
herring) and forage fish species (as
defined in Table 2c to 50 CFR part 679
and § 679.20(i)) as EC species in the
groundfish FMPs (75 FR 61639, October
6, 2010). Under Federal regulation at 50
CFR 600.310(d)(1), EC species are
identified as non-target species for
which catch specifications (i.e., an OFL,
ABC, or TAC) are not required. For
these EC species, NMFS maintained
regulations that (1) prohibited directed
fishing for forage fish, and (2)
established a limit, known as the
maximum retainable amount (MRA), on
the amount of incidental harvest of
forage fish while directed fishing for
other groundfish species. Regulations at
50 CFR 679.2 define the term ‘‘directed
fishing.’’ Regulations at § 679.20(e)
describe the application and calculation
of MRAs.
In 2015, NMFS implemented
Amendments 100/91 to the BSAI and
GOA FMPs, respectively, to add
grenadiers (family Macrouridae) to the
EC category (80 FR 11897, March 5,
2015). The Council and NMFS added
grenadiers to the FMPs in the EC
category because grenadiers did not
require conservation and management,
but the Council acknowledged their role
in the ecosystem and limited the
groundfish fisheries’ potential impact
on grenadiers. Adding grenadiers to the
EC category allowed for improved data
collection and catch monitoring
appropriate for grenadiers given their
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abundance, distribution, and catch.
Additional detail is provided in the
final rule implementing Amendments
100/91 (80 FR 11897, March 5, 2015).
In 2018, NMFS implemented
Amendments 117/106 to the BSAI and
GOA FMPs, respectively, to add squid
species to the EC category (83 FR 31460,
July 6, 2018). The Council and NMFS
moved squid from the target category in
the FMPs to the EC category after
making a determination that squid did
not require conservation and
management, but, similar to grenadiers,
still acknowledged their role in the
ecosystem and established an MRA to
limit groundfish fisheries’ potential
impact on squid. Recordkeeping and
reporting requirements were retained to
monitor bycatch of squid. Additional
detail is provided in the final rule
implementing Amendments 117/106 (83
FR 31460, July 6, 2018).
Sculpins are currently classified as
target species in the groundfish FMPs
and directed fishing for sculpins is
allowed. However, sculpins are not a
target species for any groundfish fishery
in the BSAI or GOA. Sculpins are only
caught incidentally to other target
groundfish species. Sculpins are
incidentally caught primarily in the
BSAI by vessels using trawl gear
directed fishing for yellowfin sole, rock
sole, and Atka mackerel, as well as by
vessels directed fishing for Pacific cod
with hook-and-line, pot, and trawl gear
(Table 3–4 and Table 3–5 of the
Analysis). Sculpins are caught primarily
in the GOA by vessels in the Pacific cod
and shallow-water flatfish directed
fisheries, and IFQ halibut fisheries
(Table 3–6 of the Analysis).
For both the BSAI and GOA, sculpins
are managed as a Tier 5 species, which
is the least preferred method of
specifying an overfishing limit when
limited biological reference points are
available. Only Tier 6 species, for which
no biological reference points are
available, are below Tier 5 in terms of
limited information available.
Nonetheless, specification of OFL for
Tier 5 species reflects the best estimate
possible for sculpins with the available
data. As described in Section 3.2.3 of
the Analysis, model estimates of sculpin
abundance in the BSAI and GOA have
been fairly stable over the years with no
conservation concerns apparent.
Stock assessments provide the
scientific basis for determining whether
a stock is experiencing overfishing (i.e.,
when a stock’s recent harvest rate
exceeds sustainable levels) or overfished
(i.e., already depleted), and for
calculating a sustainable harvest rate
and forecasting catches that correspond
to that rate. For stocks in Tiers 4–6, no
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determination can be made of
overfished status or approaching an
overfished condition as information is
insufficient to estimate the Maximum
Sustainable Yield (MSY) stock level.
Therefore, it is not possible to determine
whether the sculpin complex is
overfished or whether it is approaching
an overfished condition because it is
managed under Tier 5. However, in the
absence of directed fishing, they are
very unlikely to be overfished. Sculpins,
in general, are not retained. As noted in
Section 3.2.2 of the Analysis, sculpin
catch has been substantially below ABC
and OFL, and has been a small
proportion of the biomass each year.
Determining Which Species Require
Conservation and Management
Section 302(h)(1) of the MagnusonStevens Act requires a council to
prepare an FMP for each fishery under
its authority that is in need of
conservation and management.
‘‘Conservation and management’’ is
defined in section 3(5) of the MagnusonStevens Act. The NS guidelines at
§ 600.305(c) (revised on October 18,
2016, 81 FR 718585) provide direction
for determining which stocks will
require conservation and management
and provide direction to regional
councils and NMFS for how to consider
these factors in making this
determination. Specifically, the
guidelines direct regional councils and
NMFS to consider a non-exhaustive list
of ten factors when deciding whether
stocks require conservation and
management.
Section 2.2.1 in the Analysis
considers each of the 10 factors’
relevance to sculpins. The analysis
shows that while sculpins are currently
classified as a target species in the
FMPs, there has been no directed
fishing for sculpins since they were
included in the FMPs. Sculpins are not
important to commercial, recreational,
or subsistence users, nor are they
important to the National or regional
economy. There are no developing
fisheries for sculpins in the EEZ off
Alaska nor in waters of the State of
Alaska. Because there is no directed
fishing and incidental fishing-related
mortality is low, there is very little
probability that sculpins will become
overfished. Sculpins are very unlikely to
be in need of rebuilding, and are not
targeted as a major food product in
Alaska. There are no conservation
concerns for sculpins since they are not
targeted, are rarely retained, and future
uses of sculpins remain available.
Maintaining sculpins as a target species
in the BSAI and GOA FMPs is not likely
to change stock condition.
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
Amendments 121/110
In October of 2019, the Council
recommended, and NMFS now
proposes, Amendments 121/110 to
reclassify sculpins as EC category
species in the FMPs. Based on a review
of the best available scientific
information, and after considering NS
guidelines, the Council and NMFS
determined that sculpins are not in need
of conservation and management, and
that classifying sculpins in the EC
category is an appropriate action. While
the Council determined that sculpins
are not in need of conservation and
management as defined by the
Magnuson-Stevens Act, and after
considering the revised NS guidelines,
the Council and NMFS determined that
there are benefits to retaining sculpins
as an EC species complex in the FMPs
because they are a component of the
ecosystem as benthic predators.
Amendments 121/110 would
establish the sculpins EC species
complex in the groundfish FMPs to
clarify that they are non-target species
and not in need of conservation and
management. Recordkeeping and
reporting requirements would be
maintained to monitor the effects of
incidental catch of sculpins in the
groundfish fisheries. Amendments 121/
110 would allow NMFS to prohibit
directed fisheries for sculpins and limit
the retention and commercial sale of
sculpins. Commercial sale of retained
sculpins would be allowed, subject to
MRAs, only if the retained catch is
processed into fishmeal, in accordance
with current Federal regulations at
§ 679.20(i)(5). The limitation on
processing and sale of EC species as
anything other than fishmeal is status
quo for all species moved to the EC;
however, the Council is considering
changing this limitation for squid and
may also consider it for sculpin species
to allow them to be processed and sold
in other product forms, and that would
be addressed with a subsequent action.
By virtue of being classified as EC
species, catch specifications for sculpins
(i.e., OFLs, ABCs, and TACs) would no
longer be required.
Though the Council determined, and
NMFS concurs, that sculpins are not in
need of conservation and management,
sculpin population status and bycatch
should be monitored to continually
assess vulnerability of sculpins to the
groundfish fisheries. Therefore, the
proposed rule retains recordkeeping and
reporting requirements for sculpin
bycatch. The proposed rule would
prohibit directed fishing for sculpins to
meet the intent of Amendments 121/110
that sculpins are not a target species
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complex. Because the definition of
directed fishing at § 679.2 is based on a
MRA, the proposed rule would specify
a retention limit for sculpins so that
NMFS could implement the prohibition
on directed fishing to meet the intent of
Amendments 121/110.
Proposed Rule
In addition to classifying sculpins as
an EC species in the FMPs under
Amendments 121/110, the Council
recommended and NMFS proposes
regulations to limit and monitor the
incidental catch of sculpins. This
proposed rule would—
• prohibit directed fishing for
sculpins in the BSAI and GOA
groundfish fisheries;
• maintain recordkeeping and
reporting of sculpins in the BSAI and
GOA groundfish fisheries, but modify
the regulations for clarity; and
• specify a sculpins retention limit, or
MRA, of 20 percent in the BSAI and
GOA Federal groundfish fisheries.
To prohibit directed fishing, this
proposed rule would revise §§ 679.20(i)
and 679.22(i) to prohibit directed
fishing for sculpins at all times in the
BSAI and GOA groundfish fisheries.
This prohibition is consistent with the
regulations and management approach
for other EC species. NMFS prohibits
directed fishing for forage fish,
grenadiers, and squids.
To clarify definitions, this proposed
rule would add a definition for sculpins
at § 679.2. Recordkeeping and reporting
requirements at § 679.5 would not be
modified by this proposed rule and
would continue to require a vessel
operator or manager in a BSAI or GOA
groundfish fishery to record and report
retained and discarded sculpins in
logbooks, landing reports, and
production reports. However, this
proposed rule would clarify the
recordkeeping and reporting
requirements by adding an instruction
to § 679.5 to use the sculpin species
code in Table 2c to 50 CFR part 679
(Table 2c) to record and report sculpin
catch. Table 2c lists the species
reporting codes for non-target EC
groundfish FMP species. NMFS would
modify Table 2c to add one sculpin
species code and remove the existing
sculpin species code from Table 2a to 50
CFR part 679 (species reporting codes
for target groundfish FMP species)
because sculpins would be removed as
a target species in the groundfish FMPs.
These revisions would maintain NMFS’
ability to monitor the catch, retention,
and discard of sculpins.
Section 679.20 provides the general
limitations for the BSAI and GOA
groundfish fisheries. Because a TAC
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would no longer be specified for
sculpins, this proposed rule would
remove sculpins from § 679.20(b)(2),
which specifies the amount of the TAC
that is reserved for inseason
management flexibility.
The MRA is the proportion or
percentage of retained catch of a species
closed for directed fishing (incidental
catch species) to the retained catch of a
species open for directed fishing (basis
species). This proposed rule would
move sculpins out of the basis species
category and into the incidental catch
species category consistent with the
prohibition on directed fishing for
sculpins under this proposed rule. In
the GOA, sculpins are included in the
‘‘other species’’ category (along with
octopuses and sharks) for MRA
purposes under the existing regulations.
To specify a separate MRA for sculpins
in the GOA, this proposed rule would
remove sculpins from footnote 6, ‘‘other
species’’ in Table 10 to 50 CFR part 679
and add sculpins as an incidental catch
species with an MRA of 20 percent. This
proposed rule would similarly revise
Table 11 to 50 CFR part 679 to remove
sculpins as a basis species in the BSAI
and add sculpins to footnote 7 to
indicate that forage fish, grenadiers,
squids, and sculpins are all defined in
Table 2c.
In developing this proposed rule, the
Council and NMFS considered a range
of sculpins MRA percentages: 2 percent,
10 percent, and 20 percent. Sculpins, in
general, are not retained, and fishery
observer data indicate that the retention
rate has been below 10 percent in the
BSAI and below 20 percent in the GOA.
The Analysis (Table 3–7) shows that
since 2013, the retention rate has been
below 5 percent in both the BSAI and
GOA. Table 3–8 in the Analysis shows
the low percentage of retained sculpins
compared to the total retained
groundfish. In the BSAI, the proportion
of retained sculpins relative to retained
groundfish ranges from a low of 0.00
percent to a high of 0.02 percent. In the
GOA, the percent of retained sculpins
relative to groundfish ranges from a low
of 0.00 percent to a high of 0.04 percent.
As noted in Section 3.2.2 of the
Analysis, sculpin catch has been
substantially below ABC and OFL, and
has been a small proportion of the
biomass each year. Section 2.3.1 of the
Analysis discusses the rationale for
selecting an MRA of 20 percent. A MRA
of 20 percent relative to all basis species
discourages targeting of sculpins and
minimizes regulatory discards. Because
there are no conservation concerns for
sculpins and retention of sculpins has
been low, a lower MRA would not
further discourage targeting, but may
E:\FR\FM\23APP1.SGM
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
result in increased regulatory discards
of sculpins. Therefore, the Council
recommended and NMFS proposes
specifying a MRA for sculpins of 20
percent in both the BSAI and GOA
groundfish fisheries.
Classification
Pursuant to sections 304(b)(1)(A) and
305(d) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has
determined that this proposed rule is
consistent with Amendments 121/110,
other provisions of the MagnusonStevens Act, and other applicable laws,
subject to further consideration after
public comment period.
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866.
This proposed rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866.
Regulatory Impact Review (RIR)
An RIR was prepared to assess all
costs and benefits of available regulatory
alternatives. A copy of this analysis is
available from NMFS (see ADDRESSES).
NMFS is recommending Amendments
121/110 and the regulatory revisions in
this proposed rule based on those
measures that maximized net benefits to
the Nation. Specific aspects of the
economic analysis are discussed below
in the Initial Regulatory Flexibility
Analysis section.
lotter on DSKBCFDHB2PROD with PROPOSALS
Initial Regulatory Flexibility Analysis
(IRFA)
This IRFA was prepared for this
proposed rule, as required by section
603 of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 603), to describe the
economic impact this proposed rule, if
adopted, would have on small entities.
An IRFA describes why this action is
being proposed; the objectives and legal
basis for the proposed rule; the number
of small entities to which the proposed
rule would apply; any projected
reporting, recordkeeping, or other
compliance requirements of the
proposed rule; any overlapping,
duplicative, or conflicting Federal rules;
and any significant alternatives to the
proposed rule that would accomplish
the stated objectives, consistent with
applicable statutes, and that would
minimize any significant adverse
economic impacts of the proposed rule
on small entities. Descriptions of this
proposed rule, its purpose, and the legal
basis are contained earlier in this
preamble and are not repeated here.
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Number and Description of Small
Entities Regulated by This Proposed
Rule
This proposed rule would directly
regulate any vessel operator harvesting
sculpins in the federally managed
groundfish fisheries in the BSAI and
GOA. The thresholds applied to
determine if an entity or group of
entities are ‘‘small’’ under the RFA
depend on the industry classification for
the entity or entities. Businesses
classified as primarily engaged in
commercial fishing are considered small
entities if they have combined annual
gross receipts not in excess of $11.0
million for all affiliated operations
worldwide (50 CFR 200.2). The most
recent estimates of the number of
fishing vessels participating in the BSAI
and GOA groundfish fisheries that are
small entities are provided in Table 2 in
the IRFAs for the BSAI and GOA
Harvest Specifications for 2020–2021
(see ADDRESSES). In 2018, there were 182
catcher vessels and 3 catcher/processors
in the BSAI, and 756 catcher vessels and
3 catcher/processors in the GOA. These
estimates likely overstate the number of
small entities in the groundfish fisheries
off Alaska because some of these vessels
are affiliated through common
ownership or membership in a
cooperative and the affiliated vessels
together would exceed the $11.0 million
annual gross receipts threshold for small
entities.
For operators of vessels currently
participating in these fisheries, the
economic impacts of this proposed rule
are primarily beneficial or neutral.
Removing sculpins from the BSAI target
species category would remove the
sculpins TAC from inclusion in the 2
million metric ton optimum yield (OY)
cap in the BSAI. The amount of the OY
cap that has been reserved for sculpins
would be available to increase the TAC
limit or limits for other BSAI target
species. This effect would benefit
participants in the BSAI fisheries that
experience TAC increases relative to
what the TACs would have been
without this proposed rule. Some of the
entities that experience benefits from
increased TACs in the future may be
small entities. The effects on target
species TACs would be neutral for the
GOA fisheries, as the OY has not
constrained TACs in the GOA to date.
Therefore, removing the sculpins TAC
in the GOA will not allow for an
increase in the TAC for another target
species.
The only potential adverse economic
impact that has been identified for this
proposed rule is that vessel owners or
operators who may wish to conduct
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22707
directed fishing for sculpins in the
future, and who would wish to retain
more sculpins than they would be
allowed to retain under the 20 percent
MRA, would not be able to do so. This
potential adverse impact would not
affect any current participants relative
to opportunities available to them
because there has been no directed
fishing for sculpins. Therefore, no
current participants would lose an
economic opportunity that is available
to them today or has been available to
them.
Recordkeeping, Reporting, and Other
Compliance Requirements
Under this proposed rule,
requirements for recording and
reporting the catch and discard of
sculpins in logbooks or on catch or
production reports will be maintained
as they are in existing regulations. The
proposed rule would make only minor
modifications to clarify the
recordkeeping and reporting
requirements in § 679.5, Table 2a to 50
CFR part 679, and Table 2c to 50 CFR
part 679. Therefore, moving sculpins
from the target species category to the
EC category will not change
recordkeeping and reporting costs for
fishery participants or impose any
additional or new costs on participants.
Duplicate, Overlapping, or Conflicting
Federal Rules
No duplication, overlap, or conflict
between this proposed rule and existing
Federal rules has been identified.
Description of Significant Alternatives
That Minimize Adverse Impacts on
Small Entities
The Council and NMFS considered
two alternatives. Among the two
alternatives, Alternative 2 Option 3 (the
preferred alternative) provides the most
economic benefits to current
participants in the BSAI and GOA
groundfish fisheries. The primary
economic benefit of this proposed rule
is to reduce the potential constraints
imposed by the OFLs, ABCs, and TACs
for sculpins on BSAI and GOA
groundfish fisheries. Among the three
options considered for the sculpins
MRA (2 percent, 10 percent, and 20
percent), the 20 percent MRA that was
selected minimizes the economic
impact on any fishing vessel that is a
small entity because it provides the
greatest opportunity to retain sculpins
as incidental catch in other groundfish
fisheries.
Alternative 1 is the no action
alternative and would continue to
classify sculpins as target species in the
groundfish FMPs. OFLs, ABCs, and
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
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TACs would continue to be set for
sculpins as a species group in both the
BSAI and GOA. Relative to Alternative
2, Alternative 1 could be considered less
beneficial to small entities because all
catch specifications would need to be
maintained, and current constraints on
the BSAI and GOA groundfish fisheries
would continue. However, Alternative 2
(the preferred alternative) also could be
considered more restrictive to small
entities than Alternative 1 if the
prohibition on directed fishing for
sculpins under the proposed rule limits
future participants’ ability to conduct
directed fishing for sculpins more so
than would occur under the status quo.
Alternative 1 allows NMFS to determine
annually whether to open a directed
fishery for sculpins.
Alternative 2 would classify sculpins
in the BSAI and GOA in the EC category
and implement a regulation prohibiting
directed fishing for sculpins that could
only be revised through subsequent
rulemaking. However, the Council
recommended and NMFS proposes that
the benefits of the proposed rule to
current fishery participants, including
small entities, outweigh the potential
future adverse impacts of the
prohibition against directed fishing for
sculpins. In addition, this provision can
be re-evaluated by the Council and
NMFS in the future if fishery
participants want to develop directed
fisheries for sculpins.
Collection-of-Information Requirements
This proposed rule contains a
collection-of-information requirement
subject to review and approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). This requirement has been
submitted to OMB for approval under
OMB Control Numbers 0648–0213 and
0648–0515. This proposed rule would
make minor revisions to the information
collection requirements to clarify the
location of the species code for sculpins
in the tables to 50 CFR part 679 to note
that sculpins should be reported as nontarget EC species rather than target
species. The requirements for recording
and reporting the catch and discard of
sculpins in logbooks or on catch or
production reports will not change.
These minor revisions do not change the
public reporting burden or costs.
Public comment is sought regarding
whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate,
ways to enhance the quality, utility, and
clarity of the information to be
VerDate Sep<11>2014
18:46 Apr 22, 2020
Jkt 250001
collected; and ways to minimize the
burden of the collection of information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
on these or any other aspects of the
collection of information to NMFS
Alaska Region (see ADDRESSES), by
email to OIRA_Submission@
omb.eop.gov, or by fax to (202) 395–
5806.
Notwithstanding any other provision
of law, no person is required to respond
to, and no person shall be subject to
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.
All currently approved NOAA
collections of information may be
viewed at https://www.reginfo.gov/
public/do/PRASearch#.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: April 14, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs National Marine
Fisheries Service.
For reasons set out in the preamble,
50 CFR part 679 is proposed to be
amended as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
■
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
111–281.
2. In § 679.2, add a definition for
‘‘Sculpins’’ in alphabetical order to read
as follows:
■
§ 679.2
Definitions.
*
*
*
*
*
Sculpins (see Table 2c to this part and
§ 679.20(i)).
*
*
*
*
*
■ 3. In § 679.5, revise paragraph (a)(3)
introductory text, and paragraphs
(c)(3)(vi)(F), and (c)(4)(vi)(E) to read as
follows:
§ 679.5
(R&R).
Recordkeeping and reporting
(a) * * *
(3) Fish to be recorded and reported.
The operator or manager must record
and report the following information
(see paragraphs (a)(3)(i) through (iv) of
this section) for all groundfish (see
Table 2a to this part), prohibited species
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Frm 00045
Fmt 4702
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(see Table 2b to this part), forage fish
(see Table 2c to this part), grenadiers
(see Table 2c to this part), squids (see
Table 2c to this part), and sculpins (see
Table 2c to this part). The operator or
manager may record and report the
following information (see paragraphs
(a)(3)(i) through (iv) of this section) for
non-groundfish (see Table 2d to this
part):
*
*
*
*
*
(c) * * *
(3) * * *
(vi) * * *
(F) Species codes. The operator must
record and report required information
for all groundfish (see Table 2a to this
part), prohibited species (see Table 2b to
this part), forage fish (see Table 2c to
this part), grenadiers (see Table 2c to
this part), squids (see Table 2c to this
part), and sculpins (see Table 2c to this
part). The operator may record and
report information for non-groundfish
(see Table 2d to this part).
*
*
*
*
*
(4) * * *
(vi) * * *
(E) Species codes. The operator must
record and report required information
for all groundfish (see Table 2a to this
part), prohibited species (see Table 2b to
this part), forage fish (see Table 2c to
this part), grenadiers (see Table 2c to
this part), squids (see Table 2c to this
part), and sculpins (see Table 2c to this
part). The operator may record and
report information for non-groundfish
(see Table 2d to this part).
*
*
*
*
*
■ 4. In § 679.20, revise paragraph (b)(2)
introductory text, paragraph (i) heading,
and paragraphs (i)(3) through (5) to read
as follows:
§ 679.20
General limitations.
*
*
*
*
*
(b) * * *
(2) GOA. Initial reserves are
established for pollock, Pacific cod,
flatfish, octopuses, and sharks, which
are equal to 20 percent of the TACs for
these species or species groups.
*
*
*
*
*
(i) Forage fish, grenadiers, squids, and
sculpins.
*
*
*
*
*
(3) Closure to directed fishing.
Directed fishing for forage fish,
grenadiers, squids, and sculpins is
prohibited at all times in the BSAI and
GOA.
(4) Limits on sale, barter, trade, and
processing. The sale, barter, trade, or
processing of forage fish, grenadiers,
squids, and sculpins is prohibited,
except as provided in paragraph (i)(5) of
this section.
E:\FR\FM\23APP1.SGM
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
(5) Allowable fishmeal production.
Retained catch of forage fish, grenadiers,
squids, or sculpins not exceeding the
maximum retainable amount may be
processed into fishmeal for sale, barter,
or trade.
*
*
*
*
*
■ 5. In § 679.22, revise paragraph (i) to
read as follows:
§ 679.22
22709
Closures.
*
*
*
*
*
(i) Forage fish, grenadiers, squids, and
sculpins closures. See § 679.20(i)(3).
■ 6. Revise Table 2a to part 679 to read
as follows:
TABLE 2a TO PART 679—SPECIES CODES: FMP GROUNDFISH
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Species description
Code
Atka mackerel (greenling) ..........................................................................................................................................................................
Flatfish, miscellaneous (flatfish species without separate codes) ............................................................................................................
FLOUNDER:
Alaska plaice ......................................................................................................................................................................................
Arrowtooth ..........................................................................................................................................................................................
Bering .................................................................................................................................................................................................
Kamchatka ..........................................................................................................................................................................................
Starry ..................................................................................................................................................................................................
Octopuses ..................................................................................................................................................................................................
Pacific cod .................................................................................................................................................................................................
Pollock .......................................................................................................................................................................................................
ROCKFISH:
Aurora (Sebastes aurora) ...................................................................................................................................................................
Black (BSAI) (S. melanops) ...............................................................................................................................................................
Blackgill (S. melanostomus) ...............................................................................................................................................................
Blue (BSAI) (S. mystinus) ..................................................................................................................................................................
Bocaccio (S. paucispinis) ...................................................................................................................................................................
Canary (S. pinniger) ...........................................................................................................................................................................
Chilipepper (S. goodei) .......................................................................................................................................................................
China (S. nebulosus) ..........................................................................................................................................................................
Copper (S. caurinus) ..........................................................................................................................................................................
Darkblotched (S. crameri) ..................................................................................................................................................................
Dusky (S. variabilis) ............................................................................................................................................................................
Greenstriped (S. elongatus) ...............................................................................................................................................................
Harlequin (S. variegatus) ....................................................................................................................................................................
Northern (S. polyspinis) ......................................................................................................................................................................
Pacific Ocean Perch (S. alutus) .........................................................................................................................................................
Pygmy (S. wilsoni) ..............................................................................................................................................................................
Quillback (S. maliger) .........................................................................................................................................................................
Redbanded (S. babcocki) ...................................................................................................................................................................
Redstripe (S. proriger) ........................................................................................................................................................................
Rosethorn (S. helvomaculatus) ..........................................................................................................................................................
Rougheye (S. aleutianus) ...................................................................................................................................................................
Sharpchin (S. zacentrus) ....................................................................................................................................................................
Shortbelly (S. jordani) .........................................................................................................................................................................
Shortraker (S. borealis) ......................................................................................................................................................................
Silvergray (S. brevispinis) ...................................................................................................................................................................
Splitnose (S. diploproa) ......................................................................................................................................................................
Stripetail (S. saxicola) .........................................................................................................................................................................
Thornyhead (all Sebastolobus species) .............................................................................................................................................
Tiger (S. nigrocinctus) ........................................................................................................................................................................
Vermilion (S. miniatus) .......................................................................................................................................................................
Widow (S. entomelas) ........................................................................................................................................................................
Yelloweye (S. ruberrimus) ..................................................................................................................................................................
Yellowmouth (S. reedi) .......................................................................................................................................................................
Yellowtail (S. flavidus) ........................................................................................................................................................................
Sablefish (blackcod) ..................................................................................................................................................................................
SHARKS:
Other (if salmon, spiny dogfish or Pacific sleeper shark—use specific species code) .....................................................................
Pacific sleeper ....................................................................................................................................................................................
Salmon ................................................................................................................................................................................................
Spiny dogfish ......................................................................................................................................................................................
SKATES:
Alaska (Bathyraja parmifera) ..............................................................................................................................................................
Aleutian (B. aleutica) ..........................................................................................................................................................................
Whiteblotched (B. maculate) ..............................................................................................................................................................
Big (Raja binoculata) ..........................................................................................................................................................................
Longnose (R. rhina) ............................................................................................................................................................................
Other (if Alaska, Aleutian, whiteblotched, big, or longnose skate—use specific species code) .......................................................
SOLE:
Butter ..................................................................................................................................................................................................
Dover ..................................................................................................................................................................................................
English ................................................................................................................................................................................................
Flathead ..............................................................................................................................................................................................
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E:\FR\FM\23APP1.SGM
23APP1
193
120
133
121
116
117
129
870
110
270
185
142
177
167
137
146
178
149
138
159
172
135
176
136
141
179
147
153
158
150
151
166
181
152
157
182
183
143
148
184
156
145
175
155
710
689
692
690
691
703
704
705
702
701
700
126
124
128
122
22710
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
TABLE 2a TO PART 679—SPECIES CODES: FMP GROUNDFISH—Continued
Species description
Code
Petrale ................................................................................................................................................................................................
Rex .....................................................................................................................................................................................................
Rock ....................................................................................................................................................................................................
Sand ...................................................................................................................................................................................................
Yellowfin .............................................................................................................................................................................................
Turbot, Greenland ..............................................................................................................................................................................
131
125
123
132
127
134
7. Revise Table 2c to part 679 to read
as follows:
■
TABLE 2c TO PART 679—SPECIES CODES: FMP FORAGE FISH SPECIES (ALL SPECIES OF THE FOLLOWING FAMILIES),
GRENADIER SPECIES, SQUIDS, AND SCULPINS
Species identification
Code
FORAGE FISH:
Bristlemouths, lightfishes, and anglemouths (family Gonostomatidae) .............................................................................................
Capelin smelt (family Osmeridae) ......................................................................................................................................................
Deep-sea smelts (family Bathylagidae) ..............................................................................................................................................
Eulachon smelt (family Osmeridae) ...................................................................................................................................................
Gunnels (family Pholidae) ..................................................................................................................................................................
Krill (order Euphausiacea) ..................................................................................................................................................................
Lanternfishes (family Myctophidae) ....................................................................................................................................................
Pacific Sand fish (family Trichodontidae) ...........................................................................................................................................
Pacific Sand lance (family Ammodytidae) ..........................................................................................................................................
Pricklebacks, war-bonnets, eelblennys, cockscombs and Shannys (family Stichaeidae) .................................................................
Surf smelt (family Osmeridae) ............................................................................................................................................................
GRENADIERS:.
Giant Grenadiers (Albatrossia pectoralis) ..............................................................................................................................................
Other Grenadiers ...................................................................................................................................................................................
SQUID:
Squids .................................................................................................................................................................................................
SCULPINS:
Sculpins ..............................................................................................................................................................................................
BILLING CODE 3510–22–P
8. Revise Table 10 to part 679 to read
as follows:
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■
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E:\FR\FM\23APP1.SGM
23APP1
209
516
773
511
207
800
772
206
774
208
515
214
213
875
160
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VerDate Sep<11>2014
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BASIS SPECIES
PO 00000
Code
Species
Pollock
Pacific
cod
DW
Flat
INCIDENTAL CATCH SPECIES (for DSR caught on catcher vessels in the SEO, see§ 679.20 C)6)
DSR
Grenadiers Squids Sculpins
k<\ggregated
(12)
SW
SR/RE SEO
Skates Other
forugc
Flat.head
ArrowAtka
k<\ggrcgatcd
(10)
Flat
Sablefish
ERA
(C/Ps
species
fish( 9)
rockfish(?)
sole
tooth
mackerel
(!)
(3)
(6)
only)
Frm 00048
(2)
Rex
sole
20
20
20
n/a
20
20
n/a
20
20
20
20
20
35
11/a
35
35
1
1
7
7
5
5
15
15
(!)
(5)
110
121
122
125
136
Fmt 4702
141
Sfmt 4725
E:\FR\FM\23APP1.SGM
143
152/
151
193
270
710
Wacific cod
k\1To\vtooth
[Flathead sole
Rex sole
~orlhcm
ockfish
Pacific ocean
perch
trhomyhead
Shortraker/
ougheve <1.1
~tka mackerel
~ollock
Sahlefish
eJatfish, deep-water<21
23APP1
,Jatfish, shallowwater<3l
Rockfish olhi..-r Vil
)ush.-y
172
ockfish
Rockfish, DSR-SEO <5l
Skates< 10 J
Other species <6J
Aggregated amount of
non-groundfish
speciesO11
2
2
2
2
5
5
5
5
20
20
20
20
8
20
20
8
1
1
20
20
20
20
7
1
20
2
5
20
8
20
20
20
20
20
20
20
20
15
7
1
20
2
5
20
8
20
20
7
15
7
1
20
2
5
20
8
35
7
15
n/a
1
20
2
5
20
8
20
20
20
20
35
35
35
1
1
(1)
n/a
20
7
1
20
2
2
2
5
5
5
20
20
20
8
(!)
10
10
n/a
5
5
15
20
35
7
15
7
1
20
2
5
20
8
20
20
20
20
20
20
20
20
20
n/a
35
I
5
(!)
10
20
2
5
20
8
20
20
20
20
20
35
7
15
7
I
20
2
5
20
8
20
20
20
20
35
7
15
7
1
20
2
5
20
8
20
20
20
20
20
20
20
20
20
20
20
20
20
35
35
35
7
I
1
15
5
5
5
n/a
5
20
20
n/a
8
8
8
20
20
20
20
20
20
20
20
20
20
20
35
1
5
5
20
8
20
5
20
20
n/a<9l
5
20
20
20
20
20
20
20
20
20
20
20
20
35
7
15
20
20
20
20
20
20
35
7
20
20
20
20
20
20
35
20
20
20
20
20
20
20
n/a
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
n/a
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
0
7
7
10
0
7
n/a
20
(!)
10
20
(!)
10
20
2
2
2
(!)
10
20
2
20
8
8
8
8
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
18:46 Apr 22, 2020
Table 10 to Part 679-Gulf of Alaska Retainable Percentages.
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Demersal shelf
rockfish (DSR)
6
7
Other species
Aggregated rockfish
8
n/a
23APP1
5
EP23AP20.012</GPH>
S. pinniuer (canarv)(l46)
S. maliuer (quillback)(l47)
S. ruberrimus (velloweve)(l45)
S. nebulosus (china)(l49)
S. helvomaculatus (rosethorn)(l50)
S. caurinus (eonner)(l38)
S. nizrocinctus (tiger)(l48)
DSR-SEO = Demersal shelf rockfish in the Southeast Outside District (SEO). Catcher vessels in the SEO have full retention of DSR
(see § 679.20(i)).
Octopuses (870)
I Sharks (689)
Aggregated rockfish (see§ 679.2) means any species of the genera Sebastes or Sebastolobus except Sebastes ciliates (dark rockfish),
Sebastes melanops (black rockfish), and Sebastes mystinus (blue rockfish), except in:
Southeast Outside District
where DSR is a separate species group for those species marked with an MRA
Eastern Regulatory Area
where SR/RE is a separate species group for those species marked with an MRA
Not applicable
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
18:46 Apr 22, 2020
Notes to Table 10 to Part 679
Shortraker/rougheve rockfish
1
Sebastes borealis (shortraker) (152)
SR/RE
S. aleutianus (rougheye) (151)
SR/REERA
Shortraker/rougheve rockfish in the Eastern Remtlatorv Area (ERA).
Where an MRA is not indicated, use the MRA for SR/RE included under Aggregated Rockfish
2
Deep-water flatfish
Dover sole (124), Greenland turbot (134), Kamchatka flounder (117), and deep-sea sole
3
Shallow-water
Flatfish not including deep-water flatfish, flathead sole (122), rex sole (125), or arro"1ooth flounder (121)
flatfish
4
Other rockfish
Western Regulatory Area
means other rockfish and demersal shelf rockfish
Central Regulatory Arca
West Yakutat District
Southeast Outside District
means other rockfish
Other rockfish
S. aurora (aurora) (185)
S. varie,zates (harlequin)(l 76)
S. brevispinis (silvemrev)(l57)
S. wilsoni (pygmy)(l79)
S. diploproa (splitnose)(l82)
S. melanostomus
(blackgill)(l 77)
S. saxicola (stripetail)(l83)
S. paucispinis
S. babcocki (redbanded)(l53)
(bocaccio )(137)
S. miniatus (vermilion)(l84)
S. goodei
S. proriger (redstripe)(l58)
(chilipeooer)(l 78)
S. zacentrus (sharpchin)(l66)
S. crameri
S. reedi (yellowmouth)(l75)
(darkblotch)(l59)
S. elongatus
S. jordani (shortbelly)(l81)
(greenstriped)(l 35)
S. entomelas (widow)(l56) S. tlavidus (vellowtail)(l55)
In the Eastern Remtlatory Area only, Other rockfish also includes S. polvspinis (northern)(l36)
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules
18:46 Apr 22, 2020
Notes to Table 10 to Part 679
Bristlemouths, lightfishes, and aneJemouths (family Gonostomatidae)
9
Aggregated forage
209
fish (all species of
Caoelin smelt (family Osmeridae)
516
the following taxa)
Deeo-sea smelts (familv BathylaRidae)
773
Eulachon smelt (family Osmeridae)
511
Gunnels (family Pholidae)
207
Krill (order Euphausiacea)
800
772
Latemlishes (familv Mvctovhidae)
Pacific Sand fish (family Trichodontidae)
206
Pacific Sand lance (familv Ammodvtidae)
774
Pricklebacks, war-bonnets, eelblennys, cockscombs and shannys (family
208
Stichaeidae)
Surf smelt (family Osmeridae)
515
Alaska (Bathvraia. Parmifera)
10 Skates Species and
703
Groups
704
Aleutian (B. aleutica)
Whiteblotched (Raja binoculata)
705
Big Skates (Raja binoculata)
702
Loill!llOse Skates (R. rhina)
701
700
Other Skates (Rathvraia andRaia sDD.)
11 Aggregated nonAll legally retained species of fish and shellfish, including IFQ halibut, that are not listed as FMP groundfish in Tables 2a and 2c to this
part.
groundfish
12 Grenadiers
Giant grenadiers (Alhatrossia pectoralis)
214
Other e:renadiers (all e:renadiers that are not Giant e:renadiers)
213
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Species
Pollock
Pacific
cod
Atka
mackerel
Alaska
plaice
Arrow-
tooth
Kamchatka
Other
flatfis h'
Rock
sole
Flathead
sole
Green-
land
turbot
Sablefish'
Shottraker/
roughcyc
Aggre-gated
Squids
rockfish6
Aggregated
forage
fish'
Gren~diers Sculpins
Other
species1
20
na ·
20
20
35
35
20
20
20
20
1
1
2
5
20
2
20
8
20
/ \IT()WlO()th
20
20
20
20
na
20
20
20
20
20
7
1
2
5
20
2
1
8
20
20
117
Kamchatka
20
20
20
20
20
na
20
20
20
20
7
1
2
5
20
2
1
8
122
Flathead
sole
20
20
20
35
35
35
35
35
35
na
35
15
7
15
20
2
20
8
123
Rock sole
20
20
20
35
35
35
35
35
na
35
1
1
2
15
20
2
20
8
Fmt 4702
Pacific cod
121
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110
113
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23APP1
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127
Yellowfin
sole
Alaska
Plaice
20
20
20
20
20
20
35
35
35
na
35
35
35
1
1
2
5
20
2
20
8
20
20
20
na
35
35
35
35
35
35
1
1
2
5
20
2
20
8
20
20
134
Greenland
turbot
20
20
20
20
35
35
20
20
20
20
na
15
7
15
20
2
20
8
136
Northcm
20
20
20
20
35
35
20
20
20
20
35
15
7
15
20
2
20
8
20
20
20
20
20
35
35
20
20
20
20
35
15
7
15
20
2
20
8
20
20
20
20
20
35
35
20
20
20
20
35
15
na
5
20
2
20
8
20
20
20
na
20
35
35
20
20
20
20
l
I
2
5
20
2
20
8
141
152
i
151
193
Pacific
Ocean perch
Shortraker/
Rough eye
Atka
mackerel
20
270
Pollock
na
20
20
20
35
35
20
20
20
20
1
1
2
5
20
2
20
8
20
710
Sablefish 1
20
20
20
20
35
35
20
20
20
20
35
na
7
15
20
2
20
8
20
20
20
20
35
35
35
3S
na
3S
3S
1
1
2
5
20
2
20
8
20
Other rockfish'
20
20
20
20
35
35
20
20
20
20
35
15
7
15
20
2
20
8
20
Other spccics 4
20
20
20
20
35
35
20
20
20
20
1
1
2
5
20
2
na
8
20
Aggregated amount
non-grotmd:fish
species 8
20
20
20
20
35
35
20
20
20
20
1
1
2
5
20
2
20
8
Other tlatfish
2
20
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fin
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ll\C]J)El\TAT, CATCH SPECIES
BASIS SPECIES
9. Revise Table 11 to part 679 to read
as follows:
■
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18:46 Apr 22, 2020
BILLING CODE 3510–22–C
VerDate Sep<11>2014
SablefISh: for fixed gear restrictions, see § 679. 7(f)(3)(ii) and (f)(ll ).
Other flatfish includes all flatfish species, except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, Alaska
plaice, arrowtooth flounder and Kamchatka flounder.
3 Other rocldish includes all "rockfish" as defined at§ 679.2, except for Pacific ocean perch; and northern, shortraker, and rougheye rockfish.
4 The Other species includes sharks, skates, and octopuses.
5 na = not applicable
6 Aggregated rocldish includes all "rockfish" as defined at§ 679.2, except shortraker and rougheye rockfish.
7 Forage fish, grenadiers, squids, and sculpins are all defined at Table 2c to this part.
8 All legally retained species offish and shellfish, including CDQ halibut and IFQ halibut that are not listed as FMP groundfish in Tables 2a and 2c to this part.
1
2
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]]>Agencies
[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Proposed Rules]
[Pages 22703-22715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08145]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200413-0111]
RIN 0648-BJ49
Fisheries of the Exclusive Economic Zone Off Alaska;
Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering
Sea and Aleutian Islands and the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 22704]]
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Amendment 121 to the
Fishery Management Plan (FMP) for Groundfish of the Bering Sea and
Aleutian Islands (BSAI) Management Area (BSAI FMP) and Amendment 110 to
the FMP for Groundfish of the Gulf of Alaska (GOA) (GOA FMP),
collectively referred to as Amendments 121/110. If approved, this
proposed rule would prohibit directed fishing for sculpins by federally
permitted groundfish fishermen and specify a sculpin retention limit in
the GOA and BSAI groundfish fisheries. This action is necessary to
properly classify sculpins in the BSAI and GOA FMPs. This proposed rule
is intended to promote the goals and objectives of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act),
Amendments 121/110, the BSAI and GOA FMPs, and other applicable laws.
DATES: Submit comments on or before May 26, 2020.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket Number NOAA-NMFS-2020-0004, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0004, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of the draft Environmental Assessment and the
Regulatory Impact Review (collectively referred to as the ``Analysis'')
prepared for this proposed rule may be obtained from
www.regulations.gov.
Electronic copies of the Initial Regulatory Flexibility Analyses
for the BSAI and GOA Groundfish Harvest Specifications for 2020-2021
may be obtained from www.regulations.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule may be submitted by mail to NMFS at the above address; and by
email to [email protected] or by fax to 202-395-5806.
FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries in the exclusive economic
zone (EEZ) of the BSAI and GOA under the BSAI and GOA FMPs (the FMPs),
respectively. The North Pacific Fishery Management Council (Council)
prepared the FMPs under the authority of the Magnuson-Stevens Act, 16
U.S.C. 1801 et seq. Regulations governing U.S. fisheries and
implementing the BSAI and GOA FMPs appear at 50 CFR parts 600 and 679.
This proposed rule would implement Amendments 121/110 to the BSAI
and GOA FMPs, respectively. The Council submitted Amendments 121/110
for review by the Secretary of Commerce (Secretary), and a Notice of
Availability (NOA) of Amendments 121/110 was published in the Federal
Register on March 23, 2020, with comments invited through May 22, 2020.
Comments submitted on this proposed rule by the end of the comment
period (See DATES) will be considered by NMFS and addressed in the
response to comments in the final rule. Comments submitted on this
proposed rule may also address Amendments 121/110. However, all
comments addressing Amendments 121/110 must be received by May 22, 2020
to be considered in the approval/disapproval decision on Amendments
121/110. Commenters do not need to submit the same comments on both the
NOA and this proposed rule. All relevant written comments received by
May 22, 2020, whether specifically directed to the FMP amendments, this
proposed rule, or both, will be considered by NMFS in the approval/
disapproval decision for Amendments 121/110 and addressed in the
response to comments in the final rule.
Background
In October 2019, the Council voted to recommend Amendments 121/110
to reclassify sculpins as non-target ecosystem component (EC) species,
not in need of conservation and management. Sculpins are currently
classified as target species in the FMPs, though as discussed below,
sculpins are currently only caught incidental to other target
fisheries. To implement amendments 121/110, NMFS proposes regulations
to prohibit directed fishing for sculpins by federally permitted
groundfish fishermen and to specify a sculpin retention limit in the
GOA and BSAI groundfish fisheries. The following sections of this
preamble provide (1) groundfish stock classification in the FMPs and a
brief history of this proposed action; (2) the National Standards (NS)
guidance for determining which species require conservation and
management; (3) a description of Amendments 121/110; and (4) the
regulatory changes made by this proposed rule.
Stock Classification in FMPs and a Brief History of This Proposed
Action
Among other requirements, FMPs must comply with the Magnuson-
Stevens Act NS (16 U.S.C. 1851). NMFS has implemented regulations to
provide guidance on the interpretation and application of these NS.
Relevant to this proposed rule, the NS guidelines at 50 CFR
600.305(d)(11), (12) and (13) define three classifications for stocks
in an FMP: (1) Target stocks in need of conservation and management
that fishers seek to catch; (2) non-target stocks in need of
conservation and management that are caught incidentally during the
pursuit of target stocks; and (3) EC species that do not require
conservation and management, but may be listed in an FMP in order to
achieve ecosystem management objectives.
Under the groundfish FMPs, and harvest limit regulations at Sec.
679.20, NMFS must establish an overfishing level (OFL), an acceptable
biological catch (ABC) and a total allowable catch (TAC) for each stock
or stock complex (i.e., species or species group) that is assigned a
target or a non-target species category classification. Overfishing
occurs when the amount of catch of a stock or stock complex jeopardizes
the capacity of the stock or stock complex to produce the maximum
sustainable yield on a continuing basis. NMFS manages fisheries in an
effort to ensure that no OFLs are exceeded in any year. Regulations at
Sec. Sec. 679.20(d)(1) through (3) define the process NMFS uses to
limit or prohibit fishing to prevent overfishing and maintain total
catch at or below the OFL. The FMPs define the ABC as the level of a
species or species
[[Page 22705]]
group's annual catch that accounts for the scientific uncertainty in
the estimate of OFL and any other scientific uncertainty. Regulations
at Sec. Sec. 679.20(d)(1) and (2) describe the range of management
measures that NMFS uses to maintain total catch at or below the ABC.
The FMPs define the TAC as the annual catch target for a species or
species group, derived from the ABC by considering social and economic
factors and management uncertainty. The TAC must be set lower than or
equal to the ABC. Regulations at Sec. Sec. 679.20(d)(1) and (2)
describe the range of management measures that NMFS uses to maintain
total catch at or below the TAC.
NMFS establishes the OFL, ABC, and TAC for each species or species
group through the annual harvest specification process. For the most
recent example of the annual harvest specifications, please see the
proposed 2020/2021 annual harvest specifications (84 FR 66129, December
3, 2019 and 84 FR 66109, December 3, 2019).
In 2010, Amendments 96/87 to the BSAI and GOA FMPs, respectively,
established the EC category and designated prohibited species (salmon,
steelhead trout, crab, halibut, and herring) and forage fish species
(as defined in Table 2c to 50 CFR part 679 and Sec. 679.20(i)) as EC
species in the groundfish FMPs (75 FR 61639, October 6, 2010). Under
Federal regulation at 50 CFR 600.310(d)(1), EC species are identified
as non-target species for which catch specifications (i.e., an OFL,
ABC, or TAC) are not required. For these EC species, NMFS maintained
regulations that (1) prohibited directed fishing for forage fish, and
(2) established a limit, known as the maximum retainable amount (MRA),
on the amount of incidental harvest of forage fish while directed
fishing for other groundfish species. Regulations at 50 CFR 679.2
define the term ``directed fishing.'' Regulations at Sec. 679.20(e)
describe the application and calculation of MRAs.
In 2015, NMFS implemented Amendments 100/91 to the BSAI and GOA
FMPs, respectively, to add grenadiers (family Macrouridae) to the EC
category (80 FR 11897, March 5, 2015). The Council and NMFS added
grenadiers to the FMPs in the EC category because grenadiers did not
require conservation and management, but the Council acknowledged their
role in the ecosystem and limited the groundfish fisheries' potential
impact on grenadiers. Adding grenadiers to the EC category allowed for
improved data collection and catch monitoring appropriate for
grenadiers given their abundance, distribution, and catch. Additional
detail is provided in the final rule implementing Amendments 100/91 (80
FR 11897, March 5, 2015).
In 2018, NMFS implemented Amendments 117/106 to the BSAI and GOA
FMPs, respectively, to add squid species to the EC category (83 FR
31460, July 6, 2018). The Council and NMFS moved squid from the target
category in the FMPs to the EC category after making a determination
that squid did not require conservation and management, but, similar to
grenadiers, still acknowledged their role in the ecosystem and
established an MRA to limit groundfish fisheries' potential impact on
squid. Recordkeeping and reporting requirements were retained to
monitor bycatch of squid. Additional detail is provided in the final
rule implementing Amendments 117/106 (83 FR 31460, July 6, 2018).
Sculpins are currently classified as target species in the
groundfish FMPs and directed fishing for sculpins is allowed. However,
sculpins are not a target species for any groundfish fishery in the
BSAI or GOA. Sculpins are only caught incidentally to other target
groundfish species. Sculpins are incidentally caught primarily in the
BSAI by vessels using trawl gear directed fishing for yellowfin sole,
rock sole, and Atka mackerel, as well as by vessels directed fishing
for Pacific cod with hook-and-line, pot, and trawl gear (Table 3-4 and
Table 3-5 of the Analysis). Sculpins are caught primarily in the GOA by
vessels in the Pacific cod and shallow-water flatfish directed
fisheries, and IFQ halibut fisheries (Table 3-6 of the Analysis).
For both the BSAI and GOA, sculpins are managed as a Tier 5
species, which is the least preferred method of specifying an
overfishing limit when limited biological reference points are
available. Only Tier 6 species, for which no biological reference
points are available, are below Tier 5 in terms of limited information
available. Nonetheless, specification of OFL for Tier 5 species
reflects the best estimate possible for sculpins with the available
data. As described in Section 3.2.3 of the Analysis, model estimates of
sculpin abundance in the BSAI and GOA have been fairly stable over the
years with no conservation concerns apparent.
Stock assessments provide the scientific basis for determining
whether a stock is experiencing overfishing (i.e., when a stock's
recent harvest rate exceeds sustainable levels) or overfished (i.e.,
already depleted), and for calculating a sustainable harvest rate and
forecasting catches that correspond to that rate. For stocks in Tiers
4-6, no determination can be made of overfished status or approaching
an overfished condition as information is insufficient to estimate the
Maximum Sustainable Yield (MSY) stock level. Therefore, it is not
possible to determine whether the sculpin complex is overfished or
whether it is approaching an overfished condition because it is managed
under Tier 5. However, in the absence of directed fishing, they are
very unlikely to be overfished. Sculpins, in general, are not retained.
As noted in Section 3.2.2 of the Analysis, sculpin catch has been
substantially below ABC and OFL, and has been a small proportion of the
biomass each year.
Determining Which Species Require Conservation and Management
Section 302(h)(1) of the Magnuson-Stevens Act requires a council to
prepare an FMP for each fishery under its authority that is in need of
conservation and management. ``Conservation and management'' is defined
in section 3(5) of the Magnuson-Stevens Act. The NS guidelines at Sec.
600.305(c) (revised on October 18, 2016, 81 FR 718585) provide
direction for determining which stocks will require conservation and
management and provide direction to regional councils and NMFS for how
to consider these factors in making this determination. Specifically,
the guidelines direct regional councils and NMFS to consider a non-
exhaustive list of ten factors when deciding whether stocks require
conservation and management.
Section 2.2.1 in the Analysis considers each of the 10 factors'
relevance to sculpins. The analysis shows that while sculpins are
currently classified as a target species in the FMPs, there has been no
directed fishing for sculpins since they were included in the FMPs.
Sculpins are not important to commercial, recreational, or subsistence
users, nor are they important to the National or regional economy.
There are no developing fisheries for sculpins in the EEZ off Alaska
nor in waters of the State of Alaska. Because there is no directed
fishing and incidental fishing-related mortality is low, there is very
little probability that sculpins will become overfished. Sculpins are
very unlikely to be in need of rebuilding, and are not targeted as a
major food product in Alaska. There are no conservation concerns for
sculpins since they are not targeted, are rarely retained, and future
uses of sculpins remain available. Maintaining sculpins as a target
species in the BSAI and GOA FMPs is not likely to change stock
condition.
[[Page 22706]]
Amendments 121/110
In October of 2019, the Council recommended, and NMFS now proposes,
Amendments 121/110 to reclassify sculpins as EC category species in the
FMPs. Based on a review of the best available scientific information,
and after considering NS guidelines, the Council and NMFS determined
that sculpins are not in need of conservation and management, and that
classifying sculpins in the EC category is an appropriate action. While
the Council determined that sculpins are not in need of conservation
and management as defined by the Magnuson-Stevens Act, and after
considering the revised NS guidelines, the Council and NMFS determined
that there are benefits to retaining sculpins as an EC species complex
in the FMPs because they are a component of the ecosystem as benthic
predators.
Amendments 121/110 would establish the sculpins EC species complex
in the groundfish FMPs to clarify that they are non-target species and
not in need of conservation and management. Recordkeeping and reporting
requirements would be maintained to monitor the effects of incidental
catch of sculpins in the groundfish fisheries. Amendments 121/110 would
allow NMFS to prohibit directed fisheries for sculpins and limit the
retention and commercial sale of sculpins. Commercial sale of retained
sculpins would be allowed, subject to MRAs, only if the retained catch
is processed into fishmeal, in accordance with current Federal
regulations at Sec. 679.20(i)(5). The limitation on processing and
sale of EC species as anything other than fishmeal is status quo for
all species moved to the EC; however, the Council is considering
changing this limitation for squid and may also consider it for sculpin
species to allow them to be processed and sold in other product forms,
and that would be addressed with a subsequent action. By virtue of
being classified as EC species, catch specifications for sculpins
(i.e., OFLs, ABCs, and TACs) would no longer be required.
Though the Council determined, and NMFS concurs, that sculpins are
not in need of conservation and management, sculpin population status
and bycatch should be monitored to continually assess vulnerability of
sculpins to the groundfish fisheries. Therefore, the proposed rule
retains recordkeeping and reporting requirements for sculpin bycatch.
The proposed rule would prohibit directed fishing for sculpins to meet
the intent of Amendments 121/110 that sculpins are not a target species
complex. Because the definition of directed fishing at Sec. 679.2 is
based on a MRA, the proposed rule would specify a retention limit for
sculpins so that NMFS could implement the prohibition on directed
fishing to meet the intent of Amendments 121/110.
Proposed Rule
In addition to classifying sculpins as an EC species in the FMPs
under Amendments 121/110, the Council recommended and NMFS proposes
regulations to limit and monitor the incidental catch of sculpins. This
proposed rule would--
prohibit directed fishing for sculpins in the BSAI and GOA
groundfish fisheries;
maintain recordkeeping and reporting of sculpins in the
BSAI and GOA groundfish fisheries, but modify the regulations for
clarity; and
specify a sculpins retention limit, or MRA, of 20 percent
in the BSAI and GOA Federal groundfish fisheries.
To prohibit directed fishing, this proposed rule would revise
Sec. Sec. 679.20(i) and 679.22(i) to prohibit directed fishing for
sculpins at all times in the BSAI and GOA groundfish fisheries. This
prohibition is consistent with the regulations and management approach
for other EC species. NMFS prohibits directed fishing for forage fish,
grenadiers, and squids.
To clarify definitions, this proposed rule would add a definition
for sculpins at Sec. 679.2. Recordkeeping and reporting requirements
at Sec. 679.5 would not be modified by this proposed rule and would
continue to require a vessel operator or manager in a BSAI or GOA
groundfish fishery to record and report retained and discarded sculpins
in logbooks, landing reports, and production reports. However, this
proposed rule would clarify the recordkeeping and reporting
requirements by adding an instruction to Sec. 679.5 to use the sculpin
species code in Table 2c to 50 CFR part 679 (Table 2c) to record and
report sculpin catch. Table 2c lists the species reporting codes for
non-target EC groundfish FMP species. NMFS would modify Table 2c to add
one sculpin species code and remove the existing sculpin species code
from Table 2a to 50 CFR part 679 (species reporting codes for target
groundfish FMP species) because sculpins would be removed as a target
species in the groundfish FMPs. These revisions would maintain NMFS'
ability to monitor the catch, retention, and discard of sculpins.
Section 679.20 provides the general limitations for the BSAI and
GOA groundfish fisheries. Because a TAC would no longer be specified
for sculpins, this proposed rule would remove sculpins from Sec.
679.20(b)(2), which specifies the amount of the TAC that is reserved
for inseason management flexibility.
The MRA is the proportion or percentage of retained catch of a
species closed for directed fishing (incidental catch species) to the
retained catch of a species open for directed fishing (basis species).
This proposed rule would move sculpins out of the basis species
category and into the incidental catch species category consistent with
the prohibition on directed fishing for sculpins under this proposed
rule. In the GOA, sculpins are included in the ``other species''
category (along with octopuses and sharks) for MRA purposes under the
existing regulations. To specify a separate MRA for sculpins in the
GOA, this proposed rule would remove sculpins from footnote 6, ``other
species'' in Table 10 to 50 CFR part 679 and add sculpins as an
incidental catch species with an MRA of 20 percent. This proposed rule
would similarly revise Table 11 to 50 CFR part 679 to remove sculpins
as a basis species in the BSAI and add sculpins to footnote 7 to
indicate that forage fish, grenadiers, squids, and sculpins are all
defined in Table 2c.
In developing this proposed rule, the Council and NMFS considered a
range of sculpins MRA percentages: 2 percent, 10 percent, and 20
percent. Sculpins, in general, are not retained, and fishery observer
data indicate that the retention rate has been below 10 percent in the
BSAI and below 20 percent in the GOA. The Analysis (Table 3-7) shows
that since 2013, the retention rate has been below 5 percent in both
the BSAI and GOA. Table 3-8 in the Analysis shows the low percentage of
retained sculpins compared to the total retained groundfish. In the
BSAI, the proportion of retained sculpins relative to retained
groundfish ranges from a low of 0.00 percent to a high of 0.02 percent.
In the GOA, the percent of retained sculpins relative to groundfish
ranges from a low of 0.00 percent to a high of 0.04 percent. As noted
in Section 3.2.2 of the Analysis, sculpin catch has been substantially
below ABC and OFL, and has been a small proportion of the biomass each
year. Section 2.3.1 of the Analysis discusses the rationale for
selecting an MRA of 20 percent. A MRA of 20 percent relative to all
basis species discourages targeting of sculpins and minimizes
regulatory discards. Because there are no conservation concerns for
sculpins and retention of sculpins has been low, a lower MRA would not
further discourage targeting, but may
[[Page 22707]]
result in increased regulatory discards of sculpins. Therefore, the
Council recommended and NMFS proposes specifying a MRA for sculpins of
20 percent in both the BSAI and GOA groundfish fisheries.
Classification
Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this
proposed rule is consistent with Amendments 121/110, other provisions
of the Magnuson-Stevens Act, and other applicable laws, subject to
further consideration after public comment period.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
This proposed rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
Regulatory Impact Review (RIR)
An RIR was prepared to assess all costs and benefits of available
regulatory alternatives. A copy of this analysis is available from NMFS
(see ADDRESSES). NMFS is recommending Amendments 121/110 and the
regulatory revisions in this proposed rule based on those measures that
maximized net benefits to the Nation. Specific aspects of the economic
analysis are discussed below in the Initial Regulatory Flexibility
Analysis section.
Initial Regulatory Flexibility Analysis (IRFA)
This IRFA was prepared for this proposed rule, as required by
section 603 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 603), to
describe the economic impact this proposed rule, if adopted, would have
on small entities. An IRFA describes why this action is being proposed;
the objectives and legal basis for the proposed rule; the number of
small entities to which the proposed rule would apply; any projected
reporting, recordkeeping, or other compliance requirements of the
proposed rule; any overlapping, duplicative, or conflicting Federal
rules; and any significant alternatives to the proposed rule that would
accomplish the stated objectives, consistent with applicable statutes,
and that would minimize any significant adverse economic impacts of the
proposed rule on small entities. Descriptions of this proposed rule,
its purpose, and the legal basis are contained earlier in this preamble
and are not repeated here.
Number and Description of Small Entities Regulated by This Proposed
Rule
This proposed rule would directly regulate any vessel operator
harvesting sculpins in the federally managed groundfish fisheries in
the BSAI and GOA. The thresholds applied to determine if an entity or
group of entities are ``small'' under the RFA depend on the industry
classification for the entity or entities. Businesses classified as
primarily engaged in commercial fishing are considered small entities
if they have combined annual gross receipts not in excess of $11.0
million for all affiliated operations worldwide (50 CFR 200.2). The
most recent estimates of the number of fishing vessels participating in
the BSAI and GOA groundfish fisheries that are small entities are
provided in Table 2 in the IRFAs for the BSAI and GOA Harvest
Specifications for 2020-2021 (see ADDRESSES). In 2018, there were 182
catcher vessels and 3 catcher/processors in the BSAI, and 756 catcher
vessels and 3 catcher/processors in the GOA. These estimates likely
overstate the number of small entities in the groundfish fisheries off
Alaska because some of these vessels are affiliated through common
ownership or membership in a cooperative and the affiliated vessels
together would exceed the $11.0 million annual gross receipts threshold
for small entities.
For operators of vessels currently participating in these
fisheries, the economic impacts of this proposed rule are primarily
beneficial or neutral. Removing sculpins from the BSAI target species
category would remove the sculpins TAC from inclusion in the 2 million
metric ton optimum yield (OY) cap in the BSAI. The amount of the OY cap
that has been reserved for sculpins would be available to increase the
TAC limit or limits for other BSAI target species. This effect would
benefit participants in the BSAI fisheries that experience TAC
increases relative to what the TACs would have been without this
proposed rule. Some of the entities that experience benefits from
increased TACs in the future may be small entities. The effects on
target species TACs would be neutral for the GOA fisheries, as the OY
has not constrained TACs in the GOA to date. Therefore, removing the
sculpins TAC in the GOA will not allow for an increase in the TAC for
another target species.
The only potential adverse economic impact that has been identified
for this proposed rule is that vessel owners or operators who may wish
to conduct directed fishing for sculpins in the future, and who would
wish to retain more sculpins than they would be allowed to retain under
the 20 percent MRA, would not be able to do so. This potential adverse
impact would not affect any current participants relative to
opportunities available to them because there has been no directed
fishing for sculpins. Therefore, no current participants would lose an
economic opportunity that is available to them today or has been
available to them.
Recordkeeping, Reporting, and Other Compliance Requirements
Under this proposed rule, requirements for recording and reporting
the catch and discard of sculpins in logbooks or on catch or production
reports will be maintained as they are in existing regulations. The
proposed rule would make only minor modifications to clarify the
recordkeeping and reporting requirements in Sec. 679.5, Table 2a to 50
CFR part 679, and Table 2c to 50 CFR part 679. Therefore, moving
sculpins from the target species category to the EC category will not
change recordkeeping and reporting costs for fishery participants or
impose any additional or new costs on participants.
Duplicate, Overlapping, or Conflicting Federal Rules
No duplication, overlap, or conflict between this proposed rule and
existing Federal rules has been identified.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The Council and NMFS considered two alternatives. Among the two
alternatives, Alternative 2 Option 3 (the preferred alternative)
provides the most economic benefits to current participants in the BSAI
and GOA groundfish fisheries. The primary economic benefit of this
proposed rule is to reduce the potential constraints imposed by the
OFLs, ABCs, and TACs for sculpins on BSAI and GOA groundfish fisheries.
Among the three options considered for the sculpins MRA (2 percent, 10
percent, and 20 percent), the 20 percent MRA that was selected
minimizes the economic impact on any fishing vessel that is a small
entity because it provides the greatest opportunity to retain sculpins
as incidental catch in other groundfish fisheries.
Alternative 1 is the no action alternative and would continue to
classify sculpins as target species in the groundfish FMPs. OFLs, ABCs,
and
[[Page 22708]]
TACs would continue to be set for sculpins as a species group in both
the BSAI and GOA. Relative to Alternative 2, Alternative 1 could be
considered less beneficial to small entities because all catch
specifications would need to be maintained, and current constraints on
the BSAI and GOA groundfish fisheries would continue. However,
Alternative 2 (the preferred alternative) also could be considered more
restrictive to small entities than Alternative 1 if the prohibition on
directed fishing for sculpins under the proposed rule limits future
participants' ability to conduct directed fishing for sculpins more so
than would occur under the status quo. Alternative 1 allows NMFS to
determine annually whether to open a directed fishery for sculpins.
Alternative 2 would classify sculpins in the BSAI and GOA in the EC
category and implement a regulation prohibiting directed fishing for
sculpins that could only be revised through subsequent rulemaking.
However, the Council recommended and NMFS proposes that the benefits of
the proposed rule to current fishery participants, including small
entities, outweigh the potential future adverse impacts of the
prohibition against directed fishing for sculpins. In addition, this
provision can be re-evaluated by the Council and NMFS in the future if
fishery participants want to develop directed fisheries for sculpins.
Collection-of-Information Requirements
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This requirement has
been submitted to OMB for approval under OMB Control Numbers 0648-0213
and 0648-0515. This proposed rule would make minor revisions to the
information collection requirements to clarify the location of the
species code for sculpins in the tables to 50 CFR part 679 to note that
sculpins should be reported as non-target EC species rather than target
species. The requirements for recording and reporting the catch and
discard of sculpins in logbooks or on catch or production reports will
not change. These minor revisions do not change the public reporting
burden or costs.
Public comment is sought regarding whether this proposed collection
of information is necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; the accuracy of the burden estimate, ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information, including
through the use of automated collection techniques or other forms of
information technology. Send comments on these or any other aspects of
the collection of information to NMFS Alaska Region (see ADDRESSES), by
email to [email protected], or by fax to (202) 395-5806.
Notwithstanding any other provision of law, no person is required
to respond to, and no person shall be subject to 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. All currently approved NOAA collections of
information may be viewed at https://www.reginfo.gov/public/do/PRASearch#.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: April 14, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine
Fisheries Service.
For reasons set out in the preamble, 50 CFR part 679 is proposed to
be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
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; Pub. L. 111-281.
0
2. In Sec. 679.2, add a definition for ``Sculpins'' in alphabetical
order to read as follows:
Sec. 679.2 Definitions.
* * * * *
Sculpins (see Table 2c to this part and Sec. 679.20(i)).
* * * * *
0
3. In Sec. 679.5, revise paragraph (a)(3) introductory text, and
paragraphs (c)(3)(vi)(F), and (c)(4)(vi)(E) to read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
(a) * * *
(3) Fish to be recorded and reported. The operator or manager must
record and report the following information (see paragraphs (a)(3)(i)
through (iv) of this section) for all groundfish (see Table 2a to this
part), prohibited species (see Table 2b to this part), forage fish (see
Table 2c to this part), grenadiers (see Table 2c to this part), squids
(see Table 2c to this part), and sculpins (see Table 2c to this part).
The operator or manager may record and report the following information
(see paragraphs (a)(3)(i) through (iv) of this section) for non-
groundfish (see Table 2d to this part):
* * * * *
(c) * * *
(3) * * *
(vi) * * *
(F) Species codes. The operator must record and report required
information for all groundfish (see Table 2a to this part), prohibited
species (see Table 2b to this part), forage fish (see Table 2c to this
part), grenadiers (see Table 2c to this part), squids (see Table 2c to
this part), and sculpins (see Table 2c to this part). The operator may
record and report information for non-groundfish (see Table 2d to this
part).
* * * * *
(4) * * *
(vi) * * *
(E) Species codes. The operator must record and report required
information for all groundfish (see Table 2a to this part), prohibited
species (see Table 2b to this part), forage fish (see Table 2c to this
part), grenadiers (see Table 2c to this part), squids (see Table 2c to
this part), and sculpins (see Table 2c to this part). The operator may
record and report information for non-groundfish (see Table 2d to this
part).
* * * * *
0
4. In Sec. 679.20, revise paragraph (b)(2) introductory text,
paragraph (i) heading, and paragraphs (i)(3) through (5) to read as
follows:
Sec. 679.20 General limitations.
* * * * *
(b) * * *
(2) GOA. Initial reserves are established for pollock, Pacific cod,
flatfish, octopuses, and sharks, which are equal to 20 percent of the
TACs for these species or species groups.
* * * * *
(i) Forage fish, grenadiers, squids, and sculpins.
* * * * *
(3) Closure to directed fishing. Directed fishing for forage fish,
grenadiers, squids, and sculpins is prohibited at all times in the BSAI
and GOA.
(4) Limits on sale, barter, trade, and processing. The sale,
barter, trade, or processing of forage fish, grenadiers, squids, and
sculpins is prohibited, except as provided in paragraph (i)(5) of this
section.
[[Page 22709]]
(5) Allowable fishmeal production. Retained catch of forage fish,
grenadiers, squids, or sculpins not exceeding the maximum retainable
amount may be processed into fishmeal for sale, barter, or trade.
* * * * *
0
5. In Sec. 679.22, revise paragraph (i) to read as follows:
Sec. 679.22 Closures.
* * * * *
(i) Forage fish, grenadiers, squids, and sculpins closures. See
Sec. 679.20(i)(3).
0
6. Revise Table 2a to part 679 to read as follows:
Table 2a to Part 679--Species Codes: FMP Groundfish
------------------------------------------------------------------------
Species description Code
------------------------------------------------------------------------
Atka mackerel (greenling)................................... 193
Flatfish, miscellaneous (flatfish species without separate 120
codes).....................................................
FLOUNDER:
Alaska plaice........................................... 133
Arrowtooth.............................................. 121
Bering.................................................. 116
Kamchatka............................................... 117
Starry.................................................. 129
Octopuses................................................... 870
Pacific cod................................................. 110
Pollock..................................................... 270
ROCKFISH:
Aurora (Sebastes aurora)................................ 185
Black (BSAI) (S. melanops).............................. 142
Blackgill (S. melanostomus)............................. 177
Blue (BSAI) (S. mystinus)............................... 167
Bocaccio (S. paucispinis)............................... 137
Canary (S. pinniger).................................... 146
Chilipepper (S. goodei)................................. 178
China (S. nebulosus).................................... 149
Copper (S. caurinus).................................... 138
Darkblotched (S. crameri)............................... 159
Dusky (S. variabilis)................................... 172
Greenstriped (S. elongatus)............................. 135
Harlequin (S. variegatus)............................... 176
Northern (S. polyspinis)................................ 136
Pacific Ocean Perch (S. alutus)......................... 141
Pygmy (S. wilsoni)...................................... 179
Quillback (S. maliger).................................. 147
Redbanded (S. babcocki)................................. 153
Redstripe (S. proriger)................................. 158
Rosethorn (S. helvomaculatus)........................... 150
Rougheye (S. aleutianus)................................ 151
Sharpchin (S. zacentrus)................................ 166
Shortbelly (S. jordani)................................. 181
Shortraker (S. borealis)................................ 152
Silvergray (S. brevispinis)............................. 157
Splitnose (S. diploproa)................................ 182
Stripetail (S. saxicola)................................ 183
Thornyhead (all Sebastolobus species)................... 143
Tiger (S. nigrocinctus)................................. 148
Vermilion (S. miniatus)................................. 184
Widow (S. entomelas).................................... 156
Yelloweye (S. ruberrimus)............................... 145
Yellowmouth (S. reedi).................................. 175
Yellowtail (S. flavidus)................................ 155
Sablefish (blackcod)........................................ 710
SHARKS:
Other (if salmon, spiny dogfish or Pacific sleeper 689
shark--use specific species code)......................
Pacific sleeper......................................... 692
Salmon.................................................. 690
Spiny dogfish........................................... 691
SKATES:
Alaska (Bathyraja parmifera)............................ 703
Aleutian (B. aleutica).................................. 704
Whiteblotched (B. maculate)............................. 705
Big (Raja binoculata)................................... 702
Longnose (R. rhina)..................................... 701
Other (if Alaska, Aleutian, whiteblotched, big, or 700
longnose skate--use specific species code).............
SOLE:
Butter.................................................. 126
Dover................................................... 124
English................................................. 128
Flathead................................................ 122
[[Page 22710]]
Petrale................................................. 131
Rex..................................................... 125
Rock.................................................... 123
Sand.................................................... 132
Yellowfin............................................... 127
Turbot, Greenland....................................... 134
------------------------------------------------------------------------
0
7. Revise Table 2c to part 679 to read as follows:
Table 2c to Part 679--Species Codes: FMP Forage Fish Species (All
Species of the Following Families), Grenadier Species, Squids, and
Sculpins
------------------------------------------------------------------------
Species identification Code
------------------------------------------------------------------------
FORAGE FISH:
Bristlemouths, lightfishes, and anglemouths (family 209
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
Lanternfishes (family Myctophidae)...................... 772
Pacific Sand fish (family Trichodontidae)............... 206
Pacific Sand lance (family Ammodytidae)................. 774
Pricklebacks, war-bonnets, eelblennys, cockscombs and 208
Shannys (family Stichaeidae)...........................
Surf smelt (family Osmeridae)........................... 515
GRENADIERS:.................................................
Giant Grenadiers (Albatrossia pectoralis)................. 214
Other Grenadiers.......................................... 213
SQUID:
Squids.................................................. 875
SCULPINS:
Sculpins................................................ 160
------------------------------------------------------------------------
BILLING CODE 3510-22-P
0
8. Revise Table 10 to part 679 to read as follows:
[[Page 22711]]
[GRAPHIC] [TIFF OMITTED] TP23AP20.011
[[Page 22712]]
[GRAPHIC] [TIFF OMITTED] TP23AP20.012
[[Page 22713]]
[GRAPHIC] [TIFF OMITTED] TP23AP20.013
[[Page 22714]]
0
9. Revise Table 11 to part 679 to read as follows:
[GRAPHIC] [TIFF OMITTED] TP23AP20.014
[[Page 22715]]
[GRAPHIC] [TIFF OMITTED] TP23AP20.015
[FR Doc. 2020-08145 Filed 4-22-20; 8:45 am]
BILLING CODE 3510-22-C
