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DEPARTMENT OF COMMERCE Copies of the Regulatory Impact reducing the potential for confusion,
Review (RIR) prepared for this action and resulting violations and fines. If
National Oceanic and Atmospheric are available from NMFS at the above NMFS and the State use different
Administration address, or by calling the Alaska Region, species codes or descriptions, fishermen
NMFS, at (907) 586 7228. or processors may record data
50 CFR Part 679 Written comments regarding the incorrectly, possibly resulting in a ticket
[Docket No. 050628170–5170–01; I.D. burden-hour estimates or other aspects and/or fine, and diminishing the
062105B] of the collection-of-information usefulness of the reported catch data.
requirements contained in this proposed Moreover, the code changes will
RIN 0648–AR67 rule may be submitted to NMFS, Alaska facilitate the more precise recording of
Region, and by e-mail to catch by individual species within a
Groundfish Fisheries of the Exclusive
DavidlRostker@omb.eop.gov, or fax to species group. This would, for example
Economic Zone Off the Coast of
(202) 395 7285. facilitate management for a sustainable
Alaska; Recordkeeping and Reporting
FOR FURTHER INFORMATION CONTACT: harvest of skates by permitting the
AGENCY: National Marine Fisheries Patsy A. Bearden, (907) 586–7008 or estimates of the size of landings of
Service (NMFS), National Oceanic and patsy.bearden@noaa.gov. individual skate species. The rockfish
Atmospheric Administration (NOAA), species code changes are needed to
SUPPLEMENTARY INFORMATION: NMFS
Commerce. allow NOAA Fisheries Office for
manages the groundfish fisheries of the
ACTION: Proposed rule. Enforcement (OLE) to perform an
Gulf of Alaska (GOA) and the Bering
Sea/Aleutian Islands Management Area accurate audit on records of processors.
SUMMARY: NMFS proposes to revise
(BSAI) in the EEZ according to the OLE uses product transfer reports from
Table 2 (species codes) to 50 CFR part processors to confirm that the quantity
679 that is used in data collection, Fishery Management Plan for
Groundfish of the Gulf of Alaska and the of fish, by species, reported as landings
analysis, and monitoring of the Federal is approximately the same as the fish, by
groundfish fisheries in the exclusive Fishery Management Plan for
Groundfish of the Bering Sea and species, recorded as leaving the plant or
economic zone (EEZ) off the coast of vessel. By using group rockfish codes to
Alaska. Within a database, species codes Aleutian Islands Management Area
(FMPs) prepared by the North Pacific describe the product, the processor’s
identify fish species that are landed,
Fishery Management Council (Council) report effectively obscures the actual
discarded, made into product, and
and approved by the Secretary of fish species being processed and/or
transferred. This proposed action is
Commerce (Secretary) under authority transferred.
necessary to standardize collection of
species information with the State of of the Magnuson-Stevens Act, 16 U.S.C. Table 2a would be entitled, ‘‘Species
Alaska Department of Fish and Game, 1801 et seq. The FMPs are implemented Codes: FMP Groundfish Species’’ and
increase effectiveness of rockfish by regulations at 50 CFR part 679. would contain the names and species
management, reflect current fisheries General provisions governing fishing by codes of groundfish that are managed
management interest in skates, and U.S. vessels in accordance with the under the FMPs. Species codes in Table
promote better enforcement of rockfish FMPs appear at subpart H of 50 CFR 2a would be indicated as those that
regulations. This action is intended to part 600. must be recorded and reported in NMFS
meet the conservation and management Table 2 to Part 679 provides a list of logbooks and forms.
requirements of the Magnuson-Stevens FMP species and non-FMP species. The Table 2b would be entitled, ‘‘Species
Fishery Conservation and Management FMP species are those which are Codes: FMP Prohibited Species’’ and
Act (Magnuson-Stevens Act) with managed under the FMPs and which would contain the names and species
respect to groundfish and to further the must be recorded and reported in codes of species that are identified as
goals and objectives of the Alaska logbooks and forms. The non-FMP prohibited species in the FMPs. Species
groundfish fishery management plans. species, including prohibited species, codes in Table 2b would be indicated as
DATES: Written comments must be are species that are frequently caught in those that must be recorded and
received by October 3, 2005. association with FMP species, but that reported in NMFS logbooks and forms.
ADDRESSES: Send comments to Sue are not actively managed under the Table 2c would be entitled, ‘‘Species
Salveson, Assistant Regional FMPs. This action would support Codes: FMP Forage Fish Species’’ and
Administrator, Sustainable Fisheries coordination between state and Federal would contain the names and species
Division, Alaska Region, NMFS, Attn: management agencies by using the same codes of species that are identified as
Lori Durall. Comments may be species codes for State of Alaska forage fish in the FMPs. Species codes
submitted by: Department of Fish and Game (State) in Table 2c would be indicated as
• Mail: P.O. Box 21668, Juneau, AK and NMFS fishery catch documentation. species that must be recorded and
99802. Table 2 to part 679 would be reported in NMFS logbooks and forms.
• Hand delivery to the Federal reformatted from one table into four
separate tables (Tables 2a, 2b, 2c, and Table 2d would be entitled, ‘‘Species
Building: 709 West 9th Street, Room
2d). Codes: Non-FMP Species’’ and would
420A, Juneau, AK.
• Fax: (907) 586 7557. The proposed regulatory changes contain the names and species codes of
• E-mail: BSA82-0648- would have a number of fishery species on which the State and NMFS
AS37@noaa.gov. Include in the subject management and enforcement benefits. have agreed for use on State fish tickets
line the following document identifier: Within a database, species codes as well as NMFS logbooks and forms.
Table 2 Species Code proposed rule. identify fish species that are landed, These species codes may be recorded in
E-mail comments, with or without discarded, made into product, and NMFS logbooks and forms but are not
attachments, are limited to 5 megabytes. transferred. The proposed rule would required by regulations at 50 CFR part
• Webform at the Federal eRulemaking standardize collection of species 679.
Portal: www.regulations.gov. Follow the information with the State of Alaska, In addition, Tables 2a, 2b, 2c, and 2d
instructions at that site for submitting facilitating Federal-State data exchange, would be revised by adding and revising
comments. reducing compliance costs, and certain species codes.
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52062 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules
it may include the six Community separately now; however, they must rockfish landings by individual species
Development Quota groups that operate currently record all these fish under one code 99 percent of the time, and used
in the BSAI.Similarly, this action also of the existing codes. As a result, the group codes less about 1 percent of the
directly regulates shoreside processors additional reporting burden is de time. In 2003 catcher processors and
and shoreside floating processors that minimis. Additionally, the ADF&G motherships only used rockfish group
process groundfish. The NMFS, Alaska implemented a requirement that codes on about 5% of weekly processor
Region Catch Accounting System fishermen identify these species reports.
indicates that 4 motherships, and 65 separately on ADF&G landings records, Finally, the proposed action will
shoreside processors (including floating starting in 2004. Therefore, fishermen assure consistency with current ADF&G
shoreside processors) processed that delivered their harvests inshore or reporting rules and, thus, reduce the
groundfish in 2003. All could be onshore for processing were under an reporting burden, uncertainty, and
affected by this action; however, it is not obligation to report these species confusion that would arise from having
possible to determine the number of separately starting in 2004. Most of the two conflicting sets of reporting codes.
small entities among these processors. fishing operations that fall under these Because small entities are more likely to
Available information does not clearly new ADF&G reporting rules are believed fish in the EEZ and land their catch in
identify numbers of employees at all to be small entities, as are many of the Alaska State waters or onshore, this
plants, nor does it clearly indicate processors to whom they will be burden would fall disproportionately on
ownership affiliations in all cases. As delivering. As a result, an amendment to them. The proposed action removes this
noted below, the impacts of this action Federal reporting to make it consistent potentiality.
on entities are not significant. Therefore, with State requirements would be less This proposed rule contains
the analysis is not affected if all costly than doing nothing. Should collection-of-information requirements
ambiguous cases, where the size of an Federal reporting requirements not be that are subject to review and approval
entity is unknown, are resolved by changed to coincide with these ADF&G
by OMB under the Paperwork
assuming that entities are small. rule changes, additional complexity,
Reduction Act (PRA) and which have
These data also allow an analysis of cost, and potential confusion leading to
been approved by OMB. The collections
the individual vessels and processing violations and fines may result. For both
are listed below by OMB Control
plants that use rockfish group codes and reasons, NMFS believes the economic
Number.
have revealed that 4 catcher/processors impact of this rule, if adopted, would be
negligible. OMB Control Number 0648–0213.
and 2 catcher/processors operating as
The reformatting of Table 2, inclusive Total public reporting burden for this
motherships used rockfish group codes
of definition changes and rockfish Latin collection is 41,219 hours. Species
in either 2002 or 2003. It is not possible
name inclusion, will make it easier to codes are recorded and reported in this
to determine whether these vessels are
refer to the different classes of fish collection.
small entities; however, the NMFS
Alaska Region Catch Accounting System species from other parts of the OMB Control Number 0648–0401.
indicates that 85 catcher/processors regulations, because NMFS would be Total public reporting burden for this
and/or catcher/processors operating as able to specifically cite those species collection is 1,024 hours. Species codes
motherships processed groundfish in intended. This reformatting is not are recorded and reported in this
the EEZ off Alaska in 2003. Thus, 6 of expected to affect the fishing industry collection.
the 85 operations that harvested and directly. The addition of Pacific hake, Send comments regarding this burden
processed groundfish actually used the skates, and sharks species code may estimate, or any other aspect of this data
group codes and will be required to increase the reporting burden slightly. collection, including suggestions for
change their practice. In addition, 12 However, the cost may be offset to some reducing the burden, to NMFS (see
shoreside processing plants used extent by the easing of the reporting ADDRESSEES) and by e-mail to
rockfish group codes in either 2002 or risk, due to clarification of procedures DavidlRostker@omb.eop.gov, or fax to
2003. Of these, available data on for reporting catch of these species. (202) 395–7285. Notwithstanding any
American Fisheries Act affiliations, The elimination of rockfish group other provision of the law, no person is
corporate ownership, and employment codes would have de minimis financial required to respond to, nor shall any
statistics2 suggest that 7 are likely large costs for the fishing industry. The person be subject to a penalty for failure
affected participants would be those to comply with, a collection of
entities and potentially 5 are small
processors who occasionally use information subject to the requirements
entities. Thus, 12 of the 65 shoreside
rockfish group codes, plus one of the PRA, unless that collection of
processors that processed groundfish
processor that will need to change its information displays a currently valid
actually used rockfish group codes and
production operation in order to OMB Control Number.
potentially 5 of those are small entities.
This action does not impose a correctly identify transfer of processed This proposed rule does not
significant economic impact on small rockfish by species. The time burden for duplicate, overlap, or conflict with other
entities. Vessel operators and processors collecting data (i.e., entering of species Federal regulations.
codes in the daily cumulative
would be required to report hake, big List of Subjects in 50 CFR Part 679
production logbooks and daily fishing
skates, sharks, and rockfish species,
logbooks) may increase very slightly, Alaska, Fisheries, Recordkeeping and
separately, on landing and processing
although the older codes will be reporting requirements.
records. They are not required to report
replaced by the proposed codes.
Overall, the industry did not use the Dated: August 26, 2005.
specifications. Accessed at http://
group codes regularly during 2002 and James W. Balsiger,
www.fakr.noaa.gov/npfmc/safes/2002/
Economic.pdf on October 17, 2003. 2003, and the numbers of processors Acting Deputy Assistant Administrator for
2 Compiled from Directory of Seafood Processors, that used rockfish group codes are small Regulatory Programs, National Marine
Pacific Fishing Magazine, January 2004; Alaska relative to the number of processors Fisheries Service.
Department of Labor processing plant monthly
employment counts; and American Fisheries Act
who process rockfish. Based on 2003 For reasons set out in the preamble,
entities information from NMFS, Alaska Region data, it appears that shoreside 50 CFR part 679 is proposed to be
Sustainable Fisheries Division. processors voluntarily identified amended as follows:
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Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 52063
PART 679—FISHERIES OF THE Authority: 16 U.S.C. 773 et seq.; 1540(f); column, remove the phrase indicated in
EXCLUSIVE ECONOMIC ZONE OFF 1801 et seq.; 1851 note; 3631 et seq. the ‘‘Remove’’ column and replace it
ALASKA §§ 679.2, 679.5, 679.20, and 679.21 with the phrase indicated in the ‘‘Add’’
[Amended] column for the number of times
1. The authority citation for part 679 2. In the table below, for each of the indicated in the ‘‘Frequency’’ column.
continues to read as follows: paragraphs shown in the ‘‘Location’’
§ 679.2 definition for ‘‘Forage fish’’ (see Table 2 to this part) (see Table 2c to this part and 1
§ 679.20(i))
§ 679.2 definition for ‘‘Groundfish product Tables 1 and 2 to this part, excluding the Tables 1, 2a, 2c, and 2d to this part 1
or fish product’’ prohibited species listed in Table 2 to
this part
§ 679.2 definition for ‘‘Prohibited species’’ Tanner crab Tanner crab (see Table 2b to this part) 1
§ 679.5(a)(1)(ii)(A), (B), and (C) para- Groundfish and prohibited species Groundfish, prohibited species, and for- 1
graph heading age fish
§ 679.5(a)(1)(ii)(A), (B), and (C) all groundfish and prohibited species all groundfish (see Table 2a to this part), 1
prohibited species (see Table 2b to this
part), and forage fish (see Table 2c to
this part)
§ 679.5(m)(3)(v) code for each species from Table 2 to code for each species from Tables 2a 1
this part, except species codes 120, 144, though 2d to this part, except species
168, 169, or 171; code 120
Table 2 to Part 679 [Amended] TABLE 2A TO PART 679—SPECIES TABLE 2A TO PART 679—SPECIES
3. Table 2 to Part 679 Species Codes CODES: FMP GROUNDFISH—Contin- CODES: FMP GROUNDFISH—Contin-
for FMP Species and non-FMP Species ued ued
is removed and Tables 2a, 2b, 2c, and
2d to Part 679 are added as follows: Species Description Code Species Description Code
TABLE 2A TO PART 679—SPECIES Aurora (S. aurora) 185 Pacific ocean perch (S. 141
alutus)
CODES: FMP GROUNDFISH Black (BSAI) (S. melanops) 142
Pygmy (S. wilsoni) 179
Species Description Code Blackgill (S. melanostomus) 177
Quillback (S. maliger) 147
Atka mackerel (greenling) 193 Blue (BSAI) (S. mystinus) 167
Redbanded (S. babcocki) 153
Flatfish, miscellaneous (flatfish 120
Bocaccio (S. paucispinis) 137
species without separate
Redstripe (S. proriger) 158
codes)
Canary (S. pinniger) 146
FLOUNDER Rosethorn (S. 150
Chilipepper (S. goodei) 178 helvomaculatus)
Alaska plaice 133
China (S. nebulosus) 149 Rougheye (S. aleutianus) 151
Arrowtooth and/or 121
Kamchatka Copper (S. caurinus) 138 Sharpchin (S. zacentrus) 166
Starry 129 Darkblotched (S. crameri) 159 Shortbelly (S. jordani) 181
Octopus 870 Dusky (S. ciliatus) 154 Shortraker (S. borealis) 152
Pacific cod 110 Greenstriped (S. elongatus) 135 Silvergray (S. brevispinis) 157
Pollock 270 Harlequin (S. variegatus) 176 Splitnose (S. diploproa) 182
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