[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1871]
[Federal Register: January 28, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 675
[Docket No. 931075-4012; I.D. 100893A]
RIN 0648-AF47
Groundfish of the Bering Sea and Aleutian Islands Area
AGENCY: National Marine Fisheries Service (NMFS), NOAA, Commerce.
ACTION: Final rule; final apportionments of the 1994 Pacific cod total
allowable catch among gear types and seasons.
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SUMMARY: NMFS announces the approval of Amendment 24 to the Fishery
Management Plan (FMP) for the Groundfish Fishery of the Bering Sea and
Aleutian Islands Area (BSAI) and issues final regulations to implement
the amendment that allocates the Pacific cod total allowable catch
(TAC) among vessels using trawl, hook-and-line or pot gear, and jig
gear through 1996. These regulations also authorize seasonal
apportionments of the portion of Pacific cod TAC allocated to vessels
using hook-and-line or pot gear. Consistent with the regulations
implementing Amendment 24, NMFS also specifies 1994 gear allocations
and seasonal apportionments of the amount of the 1994 Pacific cod TAC
allocated to vessels using hook-and-line or pot gear through 1996. This
action is necessary to allocate Pacific cod among specified gear groups
to respond to socioeconomic needs of the fishing industry that have
been identified by the North Pacific Fishery Management Council
(Council). It is intended to promote management and conservation of
groundfish and other fish resources and to further the goals and
objectives contained in the FMP.
EFFECTIVE DATE: February 28, 1994.
ADDRESSES: Copies of Amendment 24 and the environmental assessment/
regulatory impact review/final regulatory impact analysis (EA/RIR/FRFA)
may be obtained from the North Pacific Fishery Management Council, P.O.
Box 103136, Anchorage, Alaska 99510 (telephone 907-271-2809).
FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, Fisheries
Management Division, Alaska Region, NMFS at 907-586-7228.
SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the
exclusive economic zone of the BSAI are managed by the Secretary of
Commerce (Secretary) in accordance with the FMP. The FMP was prepared
by the Council under the Magnuson Fishery Conservation and Management
Act (Magnuson Act). Regulations authorized under the FMP that pertain
to the U.S. groundfish fisheries appear at 50 CFR parts 620 and 675.
At its June 1993 meeting, the Council adopted Amendment 24 and
recommended that NMFS prepare rulemaking to implement the amendment. A
notice of availability of Amendment 24 was published in the Federal
Register on October 15, 1993 (58 FR 53497), and invited comment on the
amendment through December 7, 1993. No written comments were received.
A proposed rule to implement Amendment 24 was published in the Federal
Register October 27, 1993 (58 FR 57803). Comments on the proposed rule
were invited through December 6, 1993. Five letters addressing eight
comments were received and are summarized and responded to in the
Response to Comments section, below.
Amendment 24 was approved by the Secretary of Commerce on January
5, 1994, under section 304(b) of the Magnuson Act. This amendment
establishes FMP authority to allocate the Pacific cod TAC among vessels
using different gear types and to seasonally apportion gear allocations
of Pacific cod. Upon reviewing the reasons for Amendment 24, and the
comments on the proposed rule to implement it, NMFS has determined that
this action is necessary for fishery conservation and management and
implements the following three measures through December 31, 1996,
under authority of Amendment 24.
1. The BSAI Pacific cod total allowable catch (TAC) is allocated
annually among gear types as follows: 2 percent to vessels using jig
gear; 44 percent to vessels using hook-and-line or pot gear; and 54
percent to vessels using trawl gear. In monitoring the use of these
gear allocations, all cod catch and cod bycatch by each of the three
gear groups will be counted against its allocation;
2. The Secretary, after consultation with the Council, is
authorized to seasonally apportion the amount of the Pacific cod TAC
allocated to vessels using hook-and-line or pot gear. Seasonal
apportionments will be divided among three seasons of 4 months duration
each, and will be established through the annual September-December
specifications process (Sec. 675.20(a)). Any seasonal apportionments of
the amount of Pacific cod TAC allocated to vessels using hook-and-line
or pot gear must be based on the following information: (A) Seasonal
distribution of prohibited species; (B) seasonal distribution of
Pacific cod relative to prohibited species distribution; (C) expected
variations in Pacific halibut bycatch rates throughout the fishing
year; and (D) economic effects of any seasonal apportionment of Pacific
cod on the hook-and-line and pot gear fisheries.
3. The Director, Alaska Region, NMFS (Regional Director) is
authorized to reallocate Pacific cod from vessels using trawl gear to
vessels using hook-and-line or pot gear, and vice versa, anytime during
the year the Regional Director determines that one gear group or the
other will not be able to harvest its allocation of Pacific cod. That
portion of the jig gear allocation that is expected to go unharvested
may be transferred to vessels using trawl and hook-and-line or pot gear
at the beginning of the third 4-month season.
The intent of the measures implemented under Amendment 24 is to
provide stability in the trawl gear and fixed gear (jig, hook-and-line
and pot) fisheries by establishing designated allocations of the
Pacific cod TAC among vessels using these different gear types. Further
explanation of, and reasons for, these measures are contained in the
preamble to the proposed rule (58 FR 57803, October 27, 1993).
1994 Specifications of the Pacific cod TAC
The Council recommended proposed 1994 gear allocations and seasonal
apportionments of the amount of Pacific cod allocated to vessels using
hook-and-line or pot gear at its September 1993 meeting. The proposed
specifications for the 1994 Pacific cod fishery were published in the
Federal Register for public review and comment as part of the proposed
rule implementing Amendment 24 (58 FR 57803, October 27, 1993). At its
December 1993 meeting, the Council reaffirmed its September
recommendations. NMFS concurs with the Council's recommendations and
has included the final specifications for the 1994 Pacific cod
fisheries in this action implementing Amendment 24 (Tables 1 and 2).
Consistent with regulations authorizing seasonal apportionments of
the amount of Pacific cod allocated to vessels using hook-and-line or
pot gear (Sec. 675.20(a)(2)(v)), a discussion of the seasonal
apportionments relative to the seasonal distribution of Pacific cod and
prohibited species, prohibited species bycatch rates, and economic
effects on the hook-and-line and pot gear fisheries is presented in the
preamble to the proposed rule implementing Amendment 24 (58 FR 57803,
October 27, 1993). In 1994, 1995, and 1996, the proposed and final
specifications for Pacific cod will be established through the annual
TAC specification process undertaken by NMFS and the Council during the
September and December Council meetings each year (Secs. 675.20(a)(2)
and 675.21(b)(3)).
Table 1.--1994 Gear Shares of the BSAI Pacific Cod Initial TAC
------------------------------------------------------------------------
Percent
of Share of
Gear initial initial
TAC TAC (mt)
------------------------------------------------------------------------
Jig............................................... 2.0 3,247
Hook-and-line or pot gear......................... 44.0 71,434
Trawl gear........................................ 54.0 87,669
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Total........................................... 100.0 162,350
------------------------------------------------------------------------
Table 2.--Final1994 Seasonal Apportionment of the Amount of Pacific Cod
Allocated to Vessels Using Hook-and-Line or Pot Gear
------------------------------------------------------------------------
Percentage Amount of
Season of Pacific Pacific cod
cod (mt)
------------------------------------------------------------------------
Jan. 01-Apr. 30............................... 90 64,291
May 01-Aug. 31................................ 10 7,143
Sep. 01-Dec. 31............................... Remainder Remainder
------------------------------------------------------------------------
Response to Comments
Five letters of comments were received within the comment period
that ended December 6, 1993. Four of the letters were supportive of
Amendment 24 and one letter opposed it. A summary of comments and
NMFS's response follow.
Comment 1. The rule implementing Amendment 24 should include a
prohibition against using both trawl and fixed gear onboard a vessel to
fish for groundfish during a year to prevent vessels that use one gear
type from gaining access to another gear type's Pacific cod allocation.
Response. Limitations on the use of trawl or fixed gear to fish for
Pacific cod or other groundfish species are beyond the scope of
Amendment 24 as adopted by the Council and approved by the Secretary.
Prohibitions against using more than one gear type to fish for Pacific
cod during a year would require a separate amendment to the FMP and
cannot be implemented at this time.
Comment 2. The proposed 1994 seasonal apportionment of the amount
of Pacific cod allocated to vessels using hook-and-line or pot gear is
supported.
Response. NMFS is implementing the seasonal apportionment of the
amount of Pacific cod TAC that is allocated to vessels using hook-and-
line or pot gear as proposed.
Comment 3. The regulations implementing Amendment 24 provide an
equitable way to manage the Pacific cod fishery to reduce waste,
periods of high bycatch, and gear conflicts. Allocation of Pacific cod
among gear types is an important management measure during the period
the Council is developing a comprehensive plan to manage the groundfish
fisheries. The implementation of the amendment should proceed without
delay.
Response. NMFS concurs. Amendment 24 has been approved and
implementing regulations are issued under the schedule set forth under
section 305(a) of the Magnuson Act.
Comment 4. Preferential allocation of Pacific cod or other
groundfish species to the newly emergent longline freezer fleet in the
BSAI is opposed. The Bering Sea cod fishery was developed by the trawl
fleet and criteria historically applied by the Council in resource
allocation issues would favor the BSAI trawl fleet in any cod
allocation dispute with longline vessels. Although the trawl industry
generally believes that a 60-40 split of the Pacific cod TAC between
trawl and fixed gear would more closely reflect current utilization
levels, the fixed gear allocation implemented under Amendment 24 will
provide benefits from the stabilization of the trawl and fixed gear
fisheries for Pacific cod. Such stabilization will allow for better and
more efficient planning and will enable the trawl and fixed gear fleets
to assure their respective markets of a dependable and predictable
supply of product.
Response. NMFS recognizes that the development of Amendment 24 and
alternatives for allocating Pacific cod TAC among different gear groups
was a contentious issue that required significant input and effort by
the industry to help resolve problems addressed by the Council. NMFS
concurs that the fixed allocation of the Pacific cod TAC among gear
groups will provide stability to the Pacific cod fisheries during the
period the Council is developing a long-term comprehensive plan for the
management of the Alaska groundfish resources.
Comment 5. The annual apportionment of the halibut bycatch limit
established for BSAI fisheries and seasons should support the annual
seasonal apportionment of Pacific cod.
Response. Regulations implementing Amendment 24 do not govern how
Pacific halibut bycatch limits are apportioned among fisheries,
although gear specific allocations of Pacific cod will be considered
when apportioning prohibited species bycatch limits among fisheries and
seasons during the annual specification process (Sec. 675.21(b)(3)). As
required by regulations at Sec. 675.21(b)(3), NMFS will review the
seasonal apportionment of the amount of Pacific halibut bycatch
mortality specified for the Pacific cod fisheries when the agency makes
a final determination on the 1994 groundfish specifications.
Comment 6. The trawl industry generally supports Amendment 24 as a
management measure that will support the stabilization of the Pacific
cod fisheries provided that the annual process for apportioning the
Pacific halibut trawl bycatch mortality limit among trawl fisheries is
not used to undermine the intent of this amendment. Efforts by
representatives for the fixed gear fisheries to restrict the amount of
halibut annually apportioned to the Pacific cod trawl fishery would
prevent the trawl gear allocation of Pacific cod from being harvested
and result in a de facto preferential allocation of cod to the fixed
gear fleet. The Council and NMFS must ensure that the annual process
for the apportionment of PSC limits among trawl fisheries does not lead
to the instability that Amendment 24 is intended to avoid.
Response. NMFS acknowledges that significant flexibility exists on
how PSC limits are annually apportioned among fisheries and seasons.
The resulting apportionments must be justified based on regulatory
intent to optimize the harvest of available groundfish under a given
PSC limit (Sec. 675.21 (b)(1) and (b)(3)). NMFS believes that the
annual prohibited species bycatch allowances specified for the Pacific
cod trawl fishery should be based on anticipated prohibited species
bycatch needs. NMFS has advised the Council that it should consider PSC
limit apportionments among fisheries and seasons that are consistent
with regulations implementing Amendment 24. Nonetheless, the PSC limits
established for the BSAI trawl fisheries likely will continue to
constrain the ability of trawl fisheries to harvest available
groundfish.
Comment 7. Amendment 24, as adopted by the Council, did not
establish a fixed allocation of the BSAI trawl halibut bycatch limit to
the Pacific cod trawl fishery and the proposed rule did not rectify
this omission. This measure is necessary for reasons stated in Comment
6. The anticipated benefits under Amendment 24 in terms of fishery
stability will not be realized as long as the possibility exists for
fixed gear interests to continue to use the annual specification
process to constrain the amount of halibut bycatch apportioned to the
Pacific cod trawl fishery, thereby achieving a de facto preferential
allocation to the fixed gear fleet.
Response. A separate amendment to the FMP would be needed to
establish a fixed allocation of the trawl halibut PSC limit to the BSAI
Pacific cod trawl fishery. This measure could not be implemented as a
regulatory amendment and included in the proposed rule to implement
Amendment 24. The response to Comment 6 further describes NMFS's
position on this issue. The Council may address this issue in the
future.
Comment 8. Pacific cod catch during the duration of Amendment 24
should not be considered in calculating quota shares under any
individual transferrable quota (ITQ) program the Council may adopt in
the future because gear allocations of Pacific cod under Amendment 24
may alter catch patterns or otherwise skew the proportion of Pacific
cod harvested by any gear type.
Response. ITQs are not the subject of this rulemaking. The Council
and the Secretary have not determined whether access to the fishery
will be controlled, or if a limited access system will be implemented.
Once such determinations are made, eligibility criteria for
participation in the fishery will be determined.
Classification
NMFS prepared a final regulatory flexibility analysis (FRFA), which
concludes that this rule could have a significant economic impact on a
substantial number of small entities. A copy of this analysis is
available from the Council (see ADDRESSES).
List of Subjects in 50 CFR part 675
Fisheries, Reporting and recordkeeping.
Dated: January 24, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 675 is amended
as follows:
PART 675--GROUNDFISH FISHERY OF THE BERING SEA AND ALEUTIAN ISLANDS
AREA
1. The authority citation for 50 CFR part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801, et seq.
2. In Sec. 675.20, paragraphs (a)(2)(iv), (a)(2)(v), and (a)(3)(iv)
are added to read as follows:
Sec. 675.20 General limitations.
(a) * * *
(2) * * *
(iv) Applicable through December 31, 1996. (A) The TAC of Pacific
cod, after subtraction of reserves, will be allocated 2 percent to
vessels using jig gear, 44 percent to vessels using hook-and-line or
pot gear, and 54 percent to vessels using trawl gear. The Regional
Director may establish separate directed fishing allowances and
prohibitions authorized under paragraphs (a)(8) and (a)(9) of this
section for vessels harvesting Pacific cod using jig gear, hook-and-
line or pot gear, or trawl gear.
(B) If during a fishing year the Regional Director determines that
vessels using trawl gear or hook-and-line or pot gear will not be able
to harvest the entire amount of Pacific cod allocated to those vessels
under paragraph (a)(2)(iv) of this section, then NMFS may reallocate
the projected unused amount of Pacific cod to vessels harvesting
Pacific cod using the other gear type(s) through publication in the
Federal Register.
(C) On or about September 1 of each year, the Regional Director
will reallocate 45 percent of any unused amount of Pacific cod
allocated to vessels using jig gear to vessels using hook-and-line or
pot gear and 55 percent of any unused amount of Pacific cod allocated
to vessels using jig gear to vessels using trawl gear through
publication in the Federal Register.
(v) Applicable through December 31, 1996. In the publications of
proposed and final harvest limit specifications required under
Sec. 675.20(a) of this part, the Secretary, after consultation with the
Council, may seasonally apportion the amount of Pacific cod TAC
allocated to vessels using hook-and-line or pot gear under paragraph
(a)(2)(iv) of this section among the following three periods: January 1
through April 30; May 1 through August 31; and September 1 through
December 31. The Secretary will base any seasonal apportionment of the
Pacific cod allocation for vessels using hook-and-line or pot gear on
the following information:
(A) Seasonal distribution of Pacific cod relative to prohibited
species distribution;
(B) Expected variations in prohibited species bycatch rates
experienced in the Pacific cod fisheries throughout the fishing year;
and
(C) Economic effects of any seasonal apportionment of Pacific cod
on the hook-and-line and pot-gear fisheries.
(3) * * *
(iv) Applicable through December 31, 1996. Any amounts of the
nonspecific reserve that are apportioned to Pacific cod as provided by
paragraph (b) of this section must be apportioned between vessels using
jig, hook-and-line or pot, and trawl gear in the same proportion
specified in paragraph (a)(2)(iv)(A) of this section, unless the
Regional Director determines under paragraph (a)(2)(iv)(B) of this
section or paragraph (a)(2)(iv)(C) of this section that vessels using a
certain gear type will not be able to harvest the additional amount of
Pacific cod. In this case, the nonspecific reserve will be apportioned
to vessels using the other gear type(s).
* * * * *
[FR Doc. 94-1871 Filed 1-25-94; 2:15 pm]
BILLING CODE 3510-22-P
