[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Rules and Regulations]
[Page 50888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au08-9]
[[Page 50888]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-AR72
Fisheries of the Exclusive Economic Zone Off Alaska; Improved
Retention/Improved Utilization
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule: agency decision.
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SUMMARY: NMFS announces the approval of Amendment 72 to the Fishery
Management Plan for Groundfish of the Gulf of Alaska. Amendment 72
amends the FMP to state that the Council will annually review
information on the discard of shallow-water flatfish in Gulf of Alaska
groundfish fisheries. After review of this annual information, the
Council may recommend revisions to retention and utilization
requirements if the discard rate for shallow-water flatfish falls above
or below a specified threshold. This action is necessary to support the
Council's initiatives to monitor and reduce bycatch in the Gulf of
Alaska groundfish fisheries. The intended effect of this action is to
conserve and manage the groundfish resource in the Gulf of Alaska in
accordance with the Magnuson-Stevens Fishery Conservation and
Management Act.
DATES: This agency decision is effective on August 25, 2008.
ADDRESSES: Copies of Amendment 72 and the Categorical Exclusion for
this action may be obtained from the NMFS Alaska Region website at
http://alaskafisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Jeff Hartman, 907-586-7442.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires that each regional
fishery management council submit any fishery management plan amendment
it prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary of Commerce. The Magnuson-Stevens Act also
requires that NMFS, upon receiving a fisheries management plan
amendment, immediately publish a notice in the Federal Register
announcing that the amendment is available for public review and
comment.
The Council submitted Amendment 72 to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP) to NMFS on May 15, 2008. The
notice of availability (NOA) for Amendment 72 was published in the
Federal Register on May 28, 2008 (73 FR 30598). The public comment
period closed on July 28, 2008. NMFS received one public comment and
considered this comment in determining whether to approve this FMP
amendment. NMFS has summarized and responded to the public comment
received in this notice under Response to Public Comments, below.
In April 2003, the Council unanimously recommended Amendment 72 to
the GOA FMP. The purpose of Amendment 72 is to annually provide the
best available data to the Council on discards of shallow-water
flatfish as a percentage of total groundfish catch by area and target
fishery. Based on that data, the Council could review the effectiveness
of existing Improved Retention/Improved Utilization (IR/IU) regulations
for shallow-water flatfish, or consider recommendations to change IR/IU
regulations for shallow-water flatfish.
A Categorical Exclusion was prepared for Amendment 72 concluding
that the amendment will not result individually or cumulatively in
significant impacts on the quality of the human environment (see
ADDRESSES).
Response to Public Comments
Comment 1: The commenter supports approval of Amendment 72, but
notes an error in the NOA. The NOA incorrectly states that the shallow-
water flatfish species group in the GOA includes flathead sole, which
incorrectly implies that IR/IU requirements in the GOA apply to
flathead sole.
Response: NMFS agrees. Flathead sole is not included in the
shallow-water flatfish species group, is not subject to IR/IU, and
would not be included in a shallow-water flatfish discard data report
to the Council. No change to the FMP amendment text is necessary
because it does not list individual species in the shallow-water
flatfish group.
Dated: August 25, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-20162 Filed 8-28-08; 8:45 am]
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