56798 Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Proposed Rules

2. Email to [email protected]; DEPARTMENT OF COMMERCE • Electronic Submissions: Submit all or electronic public comments via the National Oceanic and Atmospheric 3. Mail or delivery to John Ungvarsky, Federal eRulemaking Portal Web site at Administration Air Planning Office, AIR–2, U.S. http://www.regulations.gov. To submit Environmental Protection Agency, comments via the e-Rulemaking Portal, 50 CFR Part 679 first click the ‘‘submit a comment’’ icon, Region IX, 75 Hawthorne Street, San then enter NOAA–NMFS–2012–0044 in Francisco, California 94105–3901. [Docket No. 101108560–2413–01] the keyword search. Locate the Please see the direct final rule which is RIN 0648–BA43 document you wish to comment on located in the Rules section of this from the resulting list and click on the Fisheries of the Exclusive Economic ‘‘Submit a Comment’’ icon on the right Federal Register for detailed Zone Off Alaska; Revise Maximum instructions on how to submit of that line. Retained Amounts for Groundfish in • comments. Mail: Address written comments to the and Aleutian Islands Glenn Merrill, Assistant Regional FOR FURTHER INFORMATION CONTACT: John AGENCY: National Marine Fisheries Administrator, Sustainable Fisheries Ungvarsky, (415) 972–3963, or by email Service (NMFS), National Oceanic and Division, Alaska Region NMFS, Attn: at [email protected]. Atmospheric Administration (NOAA), Ellen Sebastian. Mail comments to P.O. Commerce. Box 21668, Juneau, AK 99802–1668. SUPPLEMENTARY INFORMATION: For • Fax: Address written comments to further information, please see the ACTION: Proposed rule; request for comments. Glenn Merrill, Assistant Regional direct final action, of the same title, Administrator, Sustainable Fisheries which is located in the Rules section of SUMMARY: NMFS proposes a regulatory Division, Alaska Region NMFS, Attn: this Federal Register. EPA is approving: amendment to increase the maximum Ellen Sebastian. Fax comments to 907– the determinations of attainment by retainable amounts (MRAs) of 586–7557. applicable attainment dates; attainment groundfish using arrowtooth • Hand delivery to the Federal date extensions; and determinations of ( stomias) and Kamchatka Building: Address written comments to continued attainment as a direct final flounder (Atheresthes evermanni) as Glenn Merrill, Assistant Regional rule without prior proposal because basis in the Bering Sea and Administrator, Sustainable Fisheries EPA views these as noncontroversial Aleutian Islands management area Division, Alaska Region NMFS, Attn: actions and anticipates no adverse (BSAI). This action would allow the use Ellen Sebastian. Deliver comments to comments. A detailed rationale for these of BSAI and 709 West 9th Street, Room 420A, actions is set forth in the preamble to Kamchatka flounder as basis species for Juneau, AK. the direct final rule. If EPA receives no the retention of species closed to Comments must be submitted by one adverse comments, EPA will not take directed fishing and is necessary to of the above methods to ensure that the further action on this proposed rule. improve retention of otherwise comments are received, documented, marketable groundfish in these BSAI and considered by NMFS. Comments If EPA receives adverse comments, fisheries. This action also includes four sent by any other method, to any other EPA will withdraw the direct final rule, regulatory amendments related to address or individual, or received after and it will not take effect. EPA will harvest management of Kamchatka the end of the comment period, may not address all public comments in a flounder. be considered. All comments received subsequent final rule based on this Three amendments are necessary to are a part of the public record and will proposed rule. EPA will not institute a manage Kamchatka flounder in the same generally be posted for public viewing second comment period on this action. manner as arrowtooth flounder in the on www.regulations.gov without change. Any parties interested in commenting BSAI and to aid in the recordkeeping, All personal identifying information on this action should do so at this time. reporting, and catch accounting of (e.g., name, address, etc.) submitted Please note that if we receive adverse in the BSAI. The fourth voluntarily by the sender will be comment on an amendment, paragraph, amendment is necessary to provide publicly accessible. Do not submit or section of this rule and if that NMFS the flexibility to allocate confidential business information, or provision may be severed from the arrowtooth flounder and Kamchatka otherwise sensitive or protected remainder of the rule, EPA may adopt flounder (and other species in the information. NMFS will accept as final those provisions of the rule that future) to the Western Alaska anonymous comments (enter ‘‘N/A’’ in are not the subject of an adverse Community Development Quota (CDQ) the required fields if you wish to remain comment. Program in the annual harvest anonymous). Attachments to electronic specifications. Through this proposed comments will be accepted in Microsoft Dated: August 30, 2012. action, NMFS intends to promote the Word or Excel, WordPerfect, or Adobe Jared Blumenfeld, goals and objectives of the Magnuson- PDF file formats only. Regional Administrator, EPA Region IX. Stevens Fishery Conservation and Electronic copies of the [FR Doc. 2012–22467 Filed 9–13–12; 8:45 am] Management Act, the Fishery Environmental Assessment/Regulatory Impact Review/Initial Regulatory BILLING CODE 6560–50–P Management Plan for Groundfish of the Bering Sea and Aleutian Islands Flexibility Analysis (EA/RIR/IRFA) Management Area, and other applicable prepared for this action may be obtained law. from http://www.regulations.gov or from DATES: Comments must be received by the Alaska Region Web site at http:// October 15, 2012. alaskafisheries.noaa.gov. ADDRESSES: You may submit comments FOR FURTHER INFORMATION CONTACT: Jeff on this document, identified by NOAA– Hartman, 907–586–7442, or Tom NMFS–2012–0044, by any of the Pearson, 907–481–1780. following methods: SUPPLEMENTARY INFORMATION:

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Background incidental catch of arrowtooth flounder Arrowtooth flounder is now a NMFS manages the groundfish in excess of the 35 percent MRA, from valuable target fishery, and increasing fisheries in the exclusive economic zone Table 3 to 50 CFR part 679, must be MRAs for species closed to directed in the BSAI under the Fishery discarded. fishing when arrowtooth flounder is Management Plan for Groundfish of the To convert processed weight of used as a basis species may result in a Bering Sea and Aleutian Islands groundfish to round weight equivalent, decrease in regulatory discards of the Management Area (FMP). The North NMFS applies product recovery rates incidentally caught groundfish. For Pacific Fishery Management Council (PRRs) from Table 3 to 50 CFR part 679. example, by 1995, limited markets for (Council) prepared the FMP under the Using the example above, during a arrowtooth flounder had developed in the GOA. In 1997, NMFS increased the authority of the Magnuson-Stevens fishing trip, a vessel operator engaged in MRAs for and from Fishery Conservation and Management catching and processing at sea zero to 5 percent when arrowtooth Act (Magnuson-Stevens Act), 16 U.S.C. during an open Pacific cod directed flounder was the basis species. NMFS 1801 et seq. Regulations governing U.S. fishery would convert the processed intended that the increase would reduce fisheries and implementing the FMP weights of arrowtooth flounder and regulatory discards and provide for appear at 50 CFR parts 600 and 679. Pacific cod to the respective round more efficient utilization of pollock and Regulations at § 679.20(e) and (f), and weight equivalents. The vessel operator Pacific cod caught in the arrowtooth Table 11 to 50 CFR part 679 establish and NOAA Office for Law Enforcement flounder fishery (62 FR 11109, March MRA percentages for groundfish species can then determine if retained catch of 11, 1997). That action reduced both the and species groups. An MRA is the arrowtooth flounder has exceeded the regulatory discards in the GOA and the maximum round weight of a species or 35 percent MRA limit found in Table 11 number of violation notices issued by species group closed to directed fishing to 50 CFR part 679, by dividing the the NOAA Office for Law Enforcement that may be retained onboard a vessel. retained incidental catch of arrowtooth for exceeding the MRAs of pollock and NMFS established MRAs to allow flounder by the retained Pacific cod caught during an open directed fishery Pacific cod in the arrowtooth flounder vessels engaged in fishing for species or fishery. On March 27, 2009, NMFS species groups open to directed fishing and converting the proportion to a percentage. published a final rule in the Federal (basis species) to retain a specified Register (74 FR 13348) to increase MRAs provide an increased amount of species or species group MRAs for groundfish caught in the GOA opportunity to harvest available total closed to directed fishing. The percent arrowtooth flounder fishery from zero to allowable catch (TAC) through limited of a species or species group closed to 20 percent for deep-water flatfish, rex targeting activity. A vessel operator may directed fishing retained in relation to , flathead sole, shallow-water have an incentive to target a species the basis species must not exceed the flatfish, Atka mackerel, and skates; from closed to directed fishing when the MRAs listed in Table 11 to 50 CFR part zero to 5 percent for aggregated rockfish; vessel operator determines that the 679. and from zero to 1 percent for sablefish. retention of a species closed to directed MRA percentages serve as a These amendments also reduced management tool to slow the harvest fishing is less than or equal to the MRA regulatory discards in the GOA rates and reduce the incentive for limit specified for that species at arrowtooth flounder fishery. targeting species closed to directed § 679.20(e) and (f), and would provide As in the GOA, the retention of BSAI fishing. MRAs allow for some retention economic benefits notwithstanding arrowtooth flounder fishery has of species closed to directed fishing costs associated with finding, increased as opportunities to market instead of requiring regulatory discards processing, and retaining the species arrowtooth flounder products has of these species. MRA percentages closed to directed fishing. Prior to 1994, expanded. During 2003 to 2010, the reflect a balance between the recognized a vessel operator would target low-value TAC for the arrowtooth flounder fishery need to slow harvest rates and minimize basis species for the purpose of increased from 12,000 metric tons (mt) the potential for discards, and, in some retaining up to the MRA limit of in 2003, to 75,000 mt in 2010. Over this cases, provide an increased opportunity valuable incidental species closed to same period the total catch of to harvest available total allowable catch directed fishing. That led to the waste arrowtooth flounder increased from (TAC) through limited retention. of some basis species for which there 11,916 mt in 2007 to 30,367 mt in 2009, The NOAA Office for Law was no viable market. In 1994, NMFS and the percent of arrowtooth flounder Enforcement or the United States Coast published an emergency interim rule to retained for processing increased from Guard may review production data to prohibit the use of arrowtooth flounder 21 percent in 2004, to 81 percent in determine if vessels have complied with as a basis species for the purpose of 2010. Consequently, the Council has specified MRAs by comparing the retaining groundfish closed to directed recommended additional management estimated round weight of the retained fishing (59 FR 6222, February 10, 1994). measures to better manage and reduce species closed to directed fishing with At the time the emergency rule was regulatory discards in the BSAI the estimated round weight of the published, several vessel operators in arrowtooth flounder fishery. retained basis species. The amount of the Gulf of Alaska (GOA) were round weight of each retained species deliberately targeting arrowtooth MRAs for Groundfish in Arrowtooth must not exceed the MRA, a specified flounder to use as a basis species for the Flounder Directed Fishery percent, of the round weight of a basis retention of highly valued groundfish The Council recognized that efforts by species. For example, when Pacific cod species, such as sablefish, which were the non-pelagic trawl fleet to improve is open to directed fishing and closed to directed fishing. Because there retention of groundfish species in the arrowtooth flounder is closed to was no market for arrowtooth flounder, BSAI arrowtooth flounder fishery are directed fishing, a vessel operator may the retained arrowtooth flounder was constrained by the current zero MRAs retain a round weight equivalent either discarded or made into fish meal. for groundfish for the arrowtooth amount of arrowtooth flounder of up to In 1995, NMFS made this prohibition flounder basis species. In October 2010, 35 percent of the round weight permanent to prevent vessels from the Council recommended setting the equivalent of Pacific cod that is retained wasting arrowtooth flounder as a basis MRAs for BSAI groundfish using onboard the vessel. In this example, all species (60 FR 40304, August 8, 1995). arrowtooth flounder as the basis species

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at the same MRA percentages as those estimates. In 2010, the Council management, recordkeeping, reporting, set for BSAI groundfish using Pacific recommended that separate OFLs, and catch accounting of arrowtooth cod as a basis species with two ABCs, and TACs be established for flounder and Kamchatka flounder. The exceptions (Greenland and the arrowtooth flounder and Kamchatka Council concurred in NMFS’ ‘‘other species’’ group). The EA/RIR/ flounder to protect the stock of determination that the proposed IRFA provided information Kamchatka flounder (76 FR 11138, regulatory provisions to combine many demonstrating that most of the MRAs March 1, 2011). Additionally, MRAs of the management measures for listed in Table 11 to 50 CFR part 679 for established for groundfish species arrowtooth flounder and Kamchatka groundfish caught in the Pacific cod closed to directed fishing in the flounder are necessary for the directed fishery would represent a Kamchatka flounder fishery will be the management of these species. With the conservative guide for managing same as those set for the species closed exception of establishing separate OFLs, incidental catch in the arrowtooth to directed fishing in the arrowtooth ABC, and TACs, the Council intends flounder fishery. MRAs for groundfish flounder fishery. For prohibited species that Kamchatka flounder be managed in species in the Pacific cod directed catch (PSC) management purposes and the same manner as arrowtooth fishery are lower than the MRAs for a fishing seasons, the Council also flounder. number of groundfish species that are recommended, and NMFS proposes, commonly caught by the non-pelagic that Kamchatka flounder be managed as Proposed Regulatory Amendments trawl fleet in the arrowtooth and a fishery category with arrowtooth Revisions to MRA Regulations Kamchatka flounder complex fisheries. flounder, turbot, and sablefish. This proposed rule would revise The Council recommended that the Table 11 to 50 CFR part 679 to increase MRAs for Greenland turbot in the CDQ Allocations for Kamchatka arrowtooth flounder directed fishery be Flounder the MRAs for groundfish species and based on the approximate average In the final 2007 and 2008 harvest species groups closed to directed fishing incidental catch between 2003 and 2009 specifications for groundfish of the using arrowtooth flounder as the basis because average gross earnings per BSAI (72 FR 9451, March 2, 2007), species from zero percent to 20 percent pound of retained arrowtooth flounder NMFS explained that the term ‘‘directed for pollock, Pacific cod, Atka mackerel, increased during that time. The Council fishery’’ for purposes of section 305(i)(1) Alaska , yellowfin sole, other recommended that the MRAs for the of the Magnuson-Stevens Act means a flatfish, rock sole, flathead sole, and aggregated ‘‘other species’’ group fishery for which sufficient TAC exists ; from zero percent to 7 percent for (skates, sharks, , and octopus) to to allow unlimited retention of that Greenland turbot; from zero percent to caught in the arrowtooth flounder species or species group, and the 1 percent for sablefish; from zero fishery also be based on the species or species group is economically percent to 2 percent for shortraker approximate average incidental catch valuable enough for the CDQ groups to rockfish and rougheye rockfish observed between 2003 and 2009. The target them. In the proposed 2011/2012 (combined); from zero percent to 5 Council intends these MRA and 2012/2013 harvest specifications for percent for aggregated rockfish; zero modifications to allow vessels fishing in groundfish of the BSAI (75 FR 76362, percent to 7 percent for Greenland the arrowtooth flounder fisheries some December 8, 2010), NMFS requested turbot; and zero percent to 3 percent for retention of incidentally caught comment about whether Kamchatka the ‘‘other species’’ group. Greenland turbot and ‘‘other species.’’ flounder should be considered a Through this proposed action, NMFS At the same time, the proposed action directed fishery in the BSAI for would revise Table 11 to 50 CFR part sets these MRA limits for Greenland purposes of CDQ allocations, and 679 to manage MRAs associated with turbot at levels that minimize impacts specifically whether the CDQ groups the arrowtooth flounder and Kamchatka on the Greenland turbot directed intended to conduct directed fishing for flounder directed fisheries in close fisheries and that conserve stocks that Kamchatka flounder in the future. coordination. This proposed rule would comprise the ‘‘other species’’ group. NMFS received comments from all six also revise Table 11 to eliminate of the CDQ groups that they did not language that is no longer relevant Council Action on MRAs and intend to conduct directed fishing for because of revisions implemented Management of Groundfish in Kamchatka flounder in 2011, but that through prior actions. NMFS proposes Arrowtooth Flounder and Kamchatka economic conditions may change in the to move Kamchatka flounder from Flounder Directed Fisheries future in a manner that may make it ‘‘other flatfish’’ to the arrowtooth Prior to 2011, arrowtooth flounder appropriate for NMFS to allocate flounder category in Table 11 to 50 CFR and Kamchatka flounder were managed Kamchatka flounder to the CDQ part 679. NMFS would revise Footnote together with a single overfishing level Program. Therefore, in the final 2011 2 to Table 11, to include Kamchatka (OFL), acceptable biological catch and 2012 harvest specifications for flounder to further clarify that (ABC), and TAC in the BSAI. groundfish of the BSAI (76 FR 11139, Kamchatka flounder is not included Arrowtooth flounder and Kamchatka March 1, 2011), NMFS did not allocate with ‘‘other flatfish.’’ NMFS would flounder are caught at the same time in a portion of the Kamchatka flounder revise footnote 4, which defines ‘‘other the non-pelagic trawl fishery, and are TAC to the CDQ Program. species,’’ to remove the sentence often difficult to distinguish from each ‘‘Forage fish, as defined at Table 2c to other. Throughout most of the BSAI, Council Review of Draft Regulations To this part are not included in the ‘other however, Kamchatka flounder are less Combine Arrowtooth Flounder and species’ category.’’ This revision would abundant than arrowtooth flounder. As Kamchatka Flounder Management eliminate an unnecessary clarification the directed fishery for arrowtooth Measures because capelin, eulachon, and smelt flounder and market prices for In June 2011, NMFS provided the were removed from ‘‘other species’’ Kamchatka flounder have increased, Council a review of the proposed category and placed in a forage fish Kamchatka flounder in the arrowtooth regulatory revisions described below for species category in 1998 (63 FR 13009, flounder fishery has been caught in MRAs associated with the arrowtooth March 17, 1998). This proposed disproportionately greater amounts flounder and Kamchatka flounder amendment would eliminate a potential relative to Kamchatka flounder biomass directed fisheries, as well as the source of confusion for the entities that

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would be subject to this rule and Initiating the fishing season for these than a fishery for , sablefish, required to use the revised Table 11 to two species on different dates would pollock, and crab) established after the comply with groundfish MRAs. cause significant management date of enactment of this subclause shall NMFS proposes that if either difficulties and therefore NMFS be a total allocation (directed and arrowtooth flounder or Kamchatka recommends concurrent seasonal nontarget combined) of 10.7 percent.’’ flounder closes to directed fishing then management. NMFS would revise the The creation of a new TAC category neither arrowtooth flounder nor BSAI groundfish seasons at for Kamchatka flounder required NMFS, Kamchatka flounder could be used as a § 679.23(e)(1) to include Kamchatka in the final 2011 and 2012 harvest basis species for the retention of flounder with arrowtooth flounder and specifications for groundfish of the groundfish in the BSAI. This revision is Greenland turbot so that the season for BSAI (76 FR 11139, March 1, 2011), to necessary because it is difficult to all these species would open on May 1. determine if Kamchatka flounder was a distinguish between arrowtooth The third amendment would revise ‘‘directed fishery’’ for purposes of the flounder and Kamchatka flounder once Table 3 to 50 CFR part 679, which lists CDQ Program. If NMFS determined it the two species are processed. Without the product recovery rates (PRR) for was a directed fishery, 10.7 percent of distinguishing catch between these two groundfish species and conversion rates the Kamchatka flounder TAC would be species, the fishing industry would not for . These revisions allocated to the CDQ Program. As be able to comply with the application would consolidate the eight flatfish described in more detail in the final of different MRA percentages for species (including Kamchatka flounder) 2011 and 2012 harvest specifications, incidental catch of arrowtooth flounder in Table 3 to 50 CFR part 679 into a NMFS determined that Kamchatka or Kamchatka flounder when only one single row, and apply identical PRRs to flounder was not a ‘‘directed fishery’’ of these species is open to directed these eight flatfish species. This for purposes of the CDQ Program. This fishing. In addition, footnote 9 would be consolidation of flatfish into one row proposed rule would amend added to Table 11 to clarify that when would simplify Table 3 and is necessary § 679.20(b)(1)(ii) to explain how this arrowtooth flounder and Kamchatka to facilitate recordkeeping, reporting, determination will be made in future flounder are closed to directed fishing and MRA determination. Currently, harvest specifications should new TAC and caught incidentally in other identical PRRs are listed in Table 3 to categories be created. directed groundfish fisheries, vessel 50 CFR part 679 for these eight Specifically, NMFS proposes to revise compliance with MRA limits specified individual species of flatfish, with the regulations at § 679.20(b)(1)(ii)(D) and for these species would be calculated as exception of yellowfin sole, which is the aggregate retained incidental catch also listed as having a PRR for surimi. remove regulations at of both arrowtooth flounder and NMFS proposes to establish one surimi § 679.20(b)(1)(ii)(E) that govern CDQ Kamchatka flounder. PRR for all the species within the allocations for TAC categories that are consolidated flatfish category because established when one species or species Management Measures the similar morphology of the species group is split from an existing species Four additional regulatory within this category is likely to produce or species group to form a new TAC amendments are proposed to provide for a similar proportion of utilized surimi category. Paragraph (D)(2) would be the identical MRA, PSC, and harvest product. NMFS proposes to use the added to § 679.20(b)(1)(ii) to state that, management measures for arrowtooth surimi PRR currently listed for for all other groundfish species not flounder and Kamchatka flounder. yellowfin sole for the consolidated specifically listed in § 679.20(b)(1)(ii)(A) These amendments are necessary to flatfish category. If the consolidated through (D)(1), an amount equal to 10.7 facilitate recordkeeping, reporting, and flatfish category was not assigned a PRR percent of the BSAI TAC would be catch accounting of arrowtooth flounder for surimi, compliance with MRAs apportioned to a CDQ reserve if NMFS, and Kamchatka flounder and would could not be determined for this after consultation with the Council, ensure consistent timing of the harvest product form. determines in the annual harvest of these two species. The fourth amendment would revise specifications that a directed fishery in The first amendment would revise § 679.20(b)(1)(ii) to explain how NMFS the BSAI exists for this species under § 679.21(e)(3)(iv)(C) to include will determine whether to allocate a section 305(i)(1)(B)(i) of the Magnuson- Kamchatka flounder in the same trawl portion of a new TAC category to the Stevens Act. The species specifically fishery category for PSC management as CDQ Program in the annual harvest allocated to the CDQ Program in 50 CFR arrowtooth flounder. Currently, specifications. NMFS implemented the part 679 are pollock, sablefish, the Greenland turbot, arrowtooth flounder, current regulations § 679.20(b)(1)(ii) in ‘‘Amendment 80’’ species (Aleutian and sablefish are in the same trawl the final rule for Amendment 80 to the Islands Pacific ocean perch, Pacific cod, fishery category for purposes of FMP (72 FR 52668, September 14, Atka mackerel, yellowfin sole, rock sole, applying PSC limits. This revision is 2007). These regulations state that if the and flathead sole), Bering Sea Greenland necessary because arrowtooth flounder groundfish harvest specifications turbot, and arrowtooth flounder. In and Kamchatka flounder are harvested change a TAC category allocated to a making a determination that a directed in a mixed groundfish fishery and CDQ reserve by combining or splitting fishery exists in the BSAI, the Council typically encounter similar PSC species. a species, species group, or management and NMFS would consider whether The second amendment would area, then the same percentage of the sufficient TAC exists to open a directed establish identical seasonal opening TAC apportioned to a CDQ reserve in fishery for that species in the BSAI and dates for arrowtooth flounder and § 679.20 (b)(1)(ii)(A) through (D) will if the CDQ groups are likely to conduct Kamchatka flounder, and is necessary to apply to the new TAC category. directed fishing for that species. The manage the Kamchatka flounder fishery However, section 305(i)(1)(B)(ii)(II) of 10.7 percent amount for Kamchatka in the same time period as the the Magnuson-Stevens Act addresses flounder under § 679.20(b)(1)(ii)(D)(2) is arrowtooth flounder fishery. Arrowtooth allocations to the CDQ Program and the same as the 10.7 percent amount for and Kamchatka flounder have provides more specific guidance, arrowtooth flounder under historically been managed together namely, ‘‘the allocation under the (CDQ) § 679.20(b)(1)(ii)(D)(1), consistent with because they are mixed-stock species program in any directed fishery of the the Council’s intent for similar and are often targeted together. Bering Sea and Aleutian Islands (other management of the two species.

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Classification to modify the ‘‘other species’’ group in the arrowtooth flounder fishery when Pursuant to section 304 (b)(1)(A) and MRA to 3 percent. the species that comprise the ‘‘other Alternative 3 would set the MRAs for 305 (d) of the Magnuson-Stevens Act, species’’ group are closed to directed groundfish using arrowtooth flounder as the NMFS Assistant Administrator has fishing. a basis species at the same MRA levels determined that this proposed rule is Alternative 3 would increase the for groundfish using flathead sole as a consistent with the FMP, other MRAs of groundfish closed to directed basis species. The Council also provisions of the Magnuson-Stevens fishing for arrowtooth flounder as the considered a suboption to Alternative 3 Act, and other applicable law, subject to basis species from zero percent to 20 to set the MRA for Greenland turbot further consideration after public percent for pollock, Pacific cod, Atka using arrowtooth flounder as a basis comment. mackerel, squid, and for the ‘‘other species to 15 percent. species’’ group (skates, sharks, sculpins, This proposed rule has been To provide the opportunity to the determined to be not significant for and octopus in the aggregate); from zero arrowtooth flounder trawl fishing percent to 35 percent for Alaska plaice, purposes of Executive Order 12866. industry to reduce discards by allowing An initial regulatory flexibility yellowfin sole, other flatfish, flathead increased retention of groundfish, the sole, and Greenland turbot; from zero analysis (IRFA) was prepared, as Council recommended Alternative 2 as required by section 603 of the percent to 15 percent for sablefish and the preferred alternative, with aggregated rockfish; and from zero Regulatory Flexibility Act (RFA). The suboptions 2.2 and 2.3 for Greenland IRFA describes the economic impact percent to 7 percent for shortraker and turbot and the ‘‘other species’’ group. rougheye rockfish (combined). this proposed rule, if adopted, would Alternative 2, combined with Under Alternative 3, the Council have on small entities. A description of suboptions 2.2, and 2.3, would increase recognized a greater potential for the action, why it is being considered, MRAs of groundfish closed to directed development of fisheries that could and the legal basis for this action are fishing for arrowtooth flounder as the increase harvests of species and contained at the beginning of this basis species from zero percent to 20 adversely impact the ability of NMFS to section in the preamble and in the percent for pollock, Pacific cod, Atka effectively manage several groundfish SUMMARY section of the preamble. A mackerel, Alaska plaice, yellowfin sole, species within the TAC, and therefore summary of the analysis follows. A copy other flatfish, rock sole, flathead sole, did not recommend this alternative. In of this analysis is available from NMFS and squid; from zero percent to 7 (see ADDRESSES). percent for Greenland turbot; from zero general, the development of a fishery is Using earnings from all Alaska percent to 1 percent for sablefish; from dependent upon a number of factors, fisheries in 2009, there are 254 catcher zero percent to 2 percent for shortraker including, but not limited to, the price vessels directly regulated by this action and rougheye rockfish (combined); from of the MRA species, whether a market that had gross earnings less than $4.0 zero percent to 5 percent for aggregated exists, accessibility of the species, million, thus categorizing them as small rockfish; and from zero percent to 3 storage availability, and processing entities based on the threshold that the percent for the ‘‘other species’’ group capacity. In addition, the potential for a Small Business Administration uses to (consisting of skates, sharks, sculpins, vessel to harvest a specific species define small fishing entities. For and octopus in the aggregate). The varies across vessels. A vessel operator catcher/processors, 18 vessels had gross Council recommended that the MRAs has more discretion to harvest specific earnings less than $4 million, for Greenland turbot and aggregated groundfish species if the operator has categorizing them as small entities. The ‘‘other species’’ be based on the the ability to limit incidental catch or preferred alternative also affects the six approximate average incidental catch the ability to discard low-valued fish, CDQ groups because it would revise observed in the arrowtooth flounder while targeting arrowtooth flounder. regulations governing how allocations fishery between 2003 and 2009. For Alternatives 2 and 3 would be are made to the CDQ Program of TAC Greenland turbot, an MRA of 7 percent beneficial to the affected small entities categories established by splitting would allow for increased retention of by providing an opportunity to retain existing quota categories, as has Greenland turbot for arrowtooth additional, economically valuable occurred with arrowtooth flounder and flounder as the basis species, when groundfish species when arrowtooth Kamchatka flounder. Due to their status Greenland turbot is closed to directed flounder is a basis species. Under as non-profit corporations, the CDQ fishing. Suboption 2.2 also would Alternative 2, the benefits to small groups are also considered to be small provide a more conservative MRA for entities would be slightly lower than entities under the RFA. Greenland turbot than suboption 2.1. under Alternative 3. However, The Council evaluated three Suboption 2.1, an MRA of 15 percent, Alternative 2 with suboptions 2.2 and alternatives and three suboptions to would allow increased retention of 2.3 (the preferred alternative), that sets increase the MRAs of groundfish in the Greenland turbot for arrowtooth the MRA for Greenland turbot at 7 arrowtooth flounder fishery in the BSAI. flounder as the basis species. percent and the MRA for the species Alternative 1, the status quo or no Constraining the MRA for Greenland that comprise the ‘‘other species’’ group action alternative, would leave the turbot to 7 percent instead of 15 percent at 3 percent, reduces unintended MRAs for groundfish in the BSAI may reduce the amount of incidentally impacts to the Greenland turbot directed arrowtooth flounder fishery unchanged caught Greenland turbot in the fishery more effectively and provides from current levels, and would continue Amendment 80 sector directed fishery greater protection for the species which to require fishermen to discard for arrowtooth flounder, allowing for a comprise the ‘‘other species’’ group than otherwise marketable groundfish. greater amount of Greenland turbot to be does Alternative 3. Allowing a greater Alternative 2 would set the MRAs for available for small entities in the amount of Greenland turbot retained groundfish using arrowtooth flounder as longline fishery. The longline fishery catch under Alternative 3 may result in a basis species at the same MRA levels relies on access to the Greenland turbot earlier closure of the Greenland turbot for groundfish using Pacific cod as a directed fishery. Suboption 2.3 would directed fishery, as compared with basis species, with two suboptions to conserve the stocks that comprise the Alternative 2 with suboption 2.2. No modify the Greenland turbot MRA at 15 ‘‘other species’’ group while allowing negative impacts on small entities are percent or 7 percent, and one suboption for some retained catch of these species associated with either Alternative 2 or 3.

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Should the preferred alternative be groundfish catch. Small entities are (b)(1)(ii)(A) through (D)(1) of this implemented, the four additional unlikely to be disadvantaged by the section, an amount equal to 10.7 percent amendments to the regulations opportunity to retain valuable of the BSAI TAC will be apportioned to proposed by NMFS are necessary. The incidental catch that would otherwise a CDQ reserve if NMFS, after purposes of these proposed be discarded and made unavailable to consultation with the Council, amendments are: to provide sell as a marketable product. determines in the annual harvest management measures for Kamchatka This proposed rule contains no specifications process under paragraph flounder that are identical to those for additional collection-of-information (c) of this section that a directed fishery arrowtooth flounder; to prevent the requirements subject to review and in the BSAI exists for this species under Kamchatka flounder fishery from having approval by OMB under the Paperwork section 305(i)(1)(B)(i) of the Magnuson- negative impacts on the arrowtooth Reduction Act. Stevens Act. In making this flounder and Greenland turbot directed The analysis did not reveal any determination, the Council and NMFS fisheries; to facilitate recordkeeping, Federal rules that duplicate, overlap, or shall consider whether sufficient TAC reporting, and catch accounting of conflict with the proposed action. exists to open a directed fishery for that Kamchatka flounder as well as other List of Subjects in 50 CFR Part 679 species in the BSAI and if the CDQ flatfish species and species groups; and groups are likely to conduct a directed to provide the Council and NMFS Alaska, Fisheries. fishery for that species. greater flexibility in the annual harvest Dated: September 11, 2012. * * * * * specifications process to allocate TAC Alan D. Risenhoover, 3. In § 679.21, revise paragraph (for such species as Kamchatka Director, Office of Sustainable Fisheries, (e)(3)(iv)(C) to read as follows: flounder) to the CDQ Program in the performing the functions and duties of the future. These proposed revised Deputy Assistant Administrator for § 679.21 Prohibited species bycatch regulatory amendments are included in Regulatory Programs, National Marine management. this proposed rule as they address the Fisheries Service. * * * * * Council’s intent to manage Kamchatka For the reasons set out in the (e) * * * flounder with separate harvest preamble, 50 CFR part 679 is proposed (3) * * * specifications with the same to be amended as follows: (iv) * * * management measures that apply to (C) Greenland turbot/arrowtooth arrowtooth flounder because of the close PART 679—FISHERIES OF THE flounder/Kamchatka flounder/sablefish association of these two species in the EXCLUSIVE ECONOMIC ZONE OFF fishery. Fishing with trawl gear during groundfish fisheries. ALASKA any weekly reporting period that results No negative impacts on small entities 1. The authority citation for part 679 in a retained aggregate amount of are associated with these proposed continues to read as follows: Greenland turbot, arrowtooth flounder, regulatory amendments. Participants in Kamchatka flounder, and sablefish that Authority: 16 U.S.C. 773 et seq.; 1801 et is greater than the retained amount of the Amendment 80 sector are the seq.; 3631 et seq.; Pub. L. 108–447. primary entities that would be affected any other fishery category defined under by this proposed action since only 2. In § 679.20, remove paragraph this paragraph (e)(3)(iv). Amendment 80 sector operators have (b)(1)(ii)(E) and revise paragraph * * * * * developed markets for arrowtooth (b)(1)(ii)(D) to read as follows: 4. In § 679.23, revise paragraph (e)(1) flounder and Kamchatka flounder and § 679.20 General limitations. to read as follows: have expressed interest in retaining * * * * * § 679.23 Seasons. these two groundfish species. These two (b) * * * * * * * * species have become sufficiently (1) * * * important to some vessels in this sector (ii) * * * (e) * * * so NMFS does not anticipate the catch (D) CDQ reserves for other groundfish (1) Directed fishing for arrowtooth rates and amounts of arrowtooth species. (1) An amount equal to 10.7 flounder, Kamchatka flounder, and flounder and Kamchatka flounder percent of the BSAI TACs for Bering Sea Greenland turbot. Directed fishing for would change under the preferred Greenland turbot and arrowtooth arrowtooth flounder, Kamchatka alternative to amend the MRAs for flounder, and 7.5 percent of the trawl flounder, and Greenland turbot in the groundfish caught in the target fisheries. gear allocation of sablefish in the BS BSAI is authorized from 1200 hours, Thus, NMFS has no expectation that and AI is apportioned from the A.l.t., May 1 through 2400 hours, A.l.t., fishing location or intensity will be nonspecified reserve established under December 31, subject to the other altered by the small increases in MRAs paragraph (b)(1)(i) of this section to a provisions of this part. for incidental catch of groundfish in the CDQ reserve for each of these species by * * * * * directed fisheries of these two species. management area, subarea, or district. 5. Revise Table 3 to 50 CFR part 679 The primary effect of this action would (2) For all other groundfish species to read as follows: be to reduce the amount of discarded not specifically listed in paragraphs BILLING CODE 3510–22–P

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6. Revise Table 11 to 50 CFR part 679 to read as follows:

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[FR Doc. 2012–22721 Filed 9–13–12; 8:45 am] BILLING CODE 3510–22–C

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