[Federal Register: November 16, 2005 (Volume 70, Number 220)]
[Proposed Rules]
[Page 69505-69507]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no05-28]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[I.D. 110805A]
RIN 0648-AT92
Fisheries of the Exclusive Economic Zone Off Alaska; Total
Allowable Catch Amounts for ``Other Species'' in the Groundfish
Fisheries of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
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SUMMARY: The North Pacific Fishery Management Council (Council) has
submitted Amendment 69 to the Fishery Management Plan for Groundfish of
the Gulf of Alaska (FMP). If approved, Amendment 69 would amend the
manner in which the total allowable catch (TAC) for the ``other
species'' complex is annually determined in the Gulf of Alaska (GOA).
As part of the annual harvest specifications, the Council would
recommend a TAC amount for the ``other species'' complex at a level
less than or equal to 5 percent of the sum of the TACs for the
remaining groundfish species and complexes in the GOA. This action
would allow conservation and management of species within the ``other
species'' category and is intended to promote the goals and objectives
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), the FMP, and other applicable laws. Comments
from the public are welcome.
DATES: Comments on the amendment must be received on or before January
17, 2006.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn:
[[Page 69506]]
Lori Durall. Comments may be submitted by:
E-mail: 0648-AT92-NOA-GOA69@noaa.gov. Include in the
subject line the following document identifier: GOA 69 NOA. E-mail
comments, with or without attachments, are limited to 5 megabytes.
Webform at the Federal e-Rulemaking portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: P.O. Box 21668, Juneau, AK 99802.
Hand delivery: 709 West 9th Street, Room 420A, Juneau, AK.
Fax: 907-586-7557.
Copies of Amendment 69 and the Environmental Assessment/Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) for
the amendment may be obtained from the mailing address specified above
or from the Alaska Region NMFS website at http://www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Tom Pearson, 907-481-1780 or
tom.pearson@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each
Regional Fishery Management Council submit any FMP amendment it
prepares to NMFS for review and approval, disapproval, or partial
approval. The Magnuson-Stevens Act also requires that NMFS, upon
receiving an FMP amendment, immediately publish a notice in the Federal
Register that the amendment is available for public review and comment.
Amendment 69 was unanimously adopted by the Council in June 2005.
If approved by NMFS, this amendment would allow the Council, as part of
its annual harvest specifications process, to recommend a TAC amount
for the ``other species'' complex at a level less than or equal to 5
percent of the sum of TACs for the remaining groundfish species and
complexes in the GOA. This amendment is an interim step to conserve and
manage the ``other species'' resource in the GOA until the Council
develops a more comprehensive plan to modify the management of target
and non-target species in the GOA.
Background on ``Other Species'' Management
The ``other species'' complex has evolved via a series of
amendments to the GOA FMP. Amendment 15 to the FMP was implemented in
1987 (52 FR 7868, March 13, 1987); this amendment continued to define
``other species'' as species that have ``only slight economic value and
are not generally targeted upon, but which are either significant
components of the ecosystem or have economic potential.'' The TAC for
the ``other species'' complex was established as 5 percent of the TACs
for all target species. At this time the ``other species'' complex
included sculpins, sharks, skates, eulachon, smelts, capelin, and
octopi. In 1988, Atka mackerel and squid were added to the complex.
In 1992 the entire TAC of ``other species'' was harvested by GOA
vessels targeting a single species, Atka mackerel. Because the Council
believed that harvests of Atka mackerel could not be sustained at that
level, the Council removed Atka mackerel from the ``other species''
complex in 1993 so that they could be conserved and managed as a
separate target species.
In 1998, Amendment 39 defined a forage fish category in the FMP (63
FR 13798, March 23, 1998). Important prey species were included in this
category. The forage fish category contains species that were formerly
included in the ``other species'' complex, including species of
eulachon, capelin, and smelts. NMFS implemented regulations that
prohibited directed fishing on forage fish and established a maximum
retainable amount (MRA) of 2 percent.
In 2003, conservation concerns were again raised regarding a
developing skate fishery. The primary concern was the inability of
inseason management to allow for some directed fishing, and still
adequately protect skate stocks while these species were within the
larger ``other species'' complex. In 2004, Amendment 63 to the GOA FMP
removed skates from the ``other species'' complex and placed them in a
target category (69 FR 26313, May 12, 2004).
The ``other species'' complex currently contains the following
species groups: squids, sculpins, sharks, and octopi. As currently
configured, the ``other species'' complex is open to directed fishing
after the anticipated amount of incidental catch needs in other
directed groundfish fisheries has been subtracted, up to the TAC for
the complex. From 1997 to 2002, the TAC for ``other species'' has
ranged from 11,330 mt to 15,570 mt, while the incidental catch of
``other species'' in other directed groundfish fisheries averaged 2,124
mt.
Conservation concerns have developed with the removal of several
species over time from the ``other species'' complex. The primary basis
of these concerns is the way the ``other species'' TAC is calculated.
As species (e.g., Atka mackerel and skates) are removed from the
``other species'' complex and included in the targeted fisheries TACs,
the ``other species'' TAC increases. This means that a larger allowable
harvest amount is spread over fewer species groups in the ``other
species'' complex. Additionally, given the configuration of the
complex, it is possible to target one member of the complex close to
the full complex-level TAC, which inhibits in-season management's
ability to control directed fishing within the complex and raises
concerns given the lack of available stock information on most species
groups in the complex.
If approved, Amendment 69 would allow the Council to recommend a
TAC for ``other species'' at an amount sufficient to meet anticipated
incidental catch needs in other directed groundfish fisheries or at a
higher level that allows for directed fishing targeting one or more
``other species'' to develop at a modest, sustainable level.
A proposed rule is also expected to be published that would allow
for incidental catch management under the proposed amendment. A MRA is
established for each groundfish fisheries species, species group, or
complex to manage incidental catch. The MRA for ``other species'' in
all directed fisheries is 20 percent, except for arrowtooth flounder
which is presently at 0 percent. The MRAs applied to the arrowtooth
flounder directed fishery are 5 percent for pollock and Pacific cod, 2
percent for the forage fish category, and 0 percent for all other
groundfish. Previously, arrowtooth flounder had been used as a basis
for retaining MRA amounts of more valuable groundfish, such as
sablefish. Once landed, the arrowtooth flounder was discarded and the
incidental catch was retained. With the development of the fishery in
recent years, arrowtooth flounder are now targeted for retention and
processing. Because arrowtooth flounder catch is more desirable than
``other species,'' arrowtooth flounder is unlikely to be harvested for
the purpose of retaining ``other species'' incidental catch. Therefore,
zero retention of ``other species'' is not necessary to control
incidental harvest of ``other species'' in the arrowtooth flounder
fishery. Some incidental catch of ``other species'' in the arrowtooth
flounder fishery is inevitable. Raising the ``other species'' MRA from
0 to 20 percent in the arrowtooth flounder fishery would eliminate the
requirement to discard all ``other species.''
Public comments are being solicited on proposed Amendment 69
through the end of the comment period stated (see DATES). A proposed
rule that would implement the amendment may be published in the Federal
Register for public comment at a later date. Public
[[Page 69507]]
comments on the proposed rule must be received by the end of the
comment period on the amendment in order to be considered in the
approval/disapproval decision on the amendment. All comments received
by the end of the comment period on the amendment, whether specifically
directed to the amendment or to the proposed rule, will be considered
in the approval/disapproval decision. Comments received after that date
will not be considered in the approval/disapproval decision on the
amendment. To be considered, comments must be received not just
postmarked or otherwise transmitted by close of business on the last
day of the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 9, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-22728 Filed 11-15-05; 8:45 am]
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