[Federal Register Volume 61, Number 49 (Tuesday, March 12, 1996)]
[Proposed Rules]
[Pages 9972-9975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5744]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 672
[Docket No. 960228053-6053-01; I.D. 022296E]
RIN 0648-AI56
Groundfish of the Gulf of Alaska; Pollock Seasonal Allowances
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations that would implement Amendment 45 to
the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).
This amendment proposes to allow NMFS to combine by regulatory
amendment the third and fourth quarterly allowances for pollock in the
Western and Central (W/C) Regulatory Areas into single seasonal
allowances that would become available October 1 of each fishing year
in the Western Regulatory Area and September 1 of each fishing year in
the Central Regulatory Area. Changes to the final 1996 harvest
specifications of GOA pollock are also proposed to reflect the proposed
revised seasonal allowances. These measures are necessary to address
management problems that have been identified by the fishing industry.
They are intended to further the management objectives of the FMP.
DATES: Comments must be received by April 22, 1996.
ADDRESSES: Comments should be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, National Marine Fisheries Service,
P.O. Box 21668, Juneau, AK 99802-1668; Attn: Lori Gravel. Copies of
Amendment 45 and the Environmental Assessment/Regulatory Impact Review
(RIR) prepared for this Amendment 45 may be obtained from the North
Pacific Fishery Management Council above address.
FOR FURTHER INFORMATION CONTACT: Kent Lind (907) 586-7228.
SUPPLEMENTARY INFORMATION:
The pollock fishery in the exclusive economic zone of the GOA is
managed by NMFS under the FMP. The FMP was prepared by the North
Pacific Fishery Management Council (Council) under the Magnuson Fishery
Conservation and Management Act (Magnuson Act) and is implemented by
regulations found at 50 CFR 672. General regulations governing U.S.
fisheries are also found at 50 CFR 620.
Background
This action proposes regulations to implement Amendment 45 to the
FMP. If approved by NMFS, this amendment would remove the requirement
that the total allowable catch (TAC) specified for pollock in the W/C
Regulatory Areas be divided into four equal quarterly allowances and
replace it with more flexible language that would require that the TACs
specified for pollock in the W/C Regulatory Areas be divided into
seasonal, rather than quarterly, allowances. The size, number, and
timing of seasonal allowances would be established in regulation. The
Council's objective in adopting Amendment 45 was to allow NMFS to
combine by regulatory amendment the third and fourth quarterly
allowances for pollock in the W/C Regulatory Areas into single seasonal
allowances that would become available October 1 of each fishing year
in the Western Regulatory Area and September 1 of each fishing year in
the Central Regulatory Area.
Since 1990, the TACs specified for pollock in the W/C Regulatory
Areas have been divided into four equal quarterly allowances, which
become available January 1, June 1, July 1, and October 1. The
quarterly allowance system was implemented as part of Amendment 19 to
the FMP to limit excessive harvests of roe-bearing pollock. At the
time, the Council also believed that a quarterly allowance system would
provide a more stable year-round pollock fishery for GOA-based vessels
and processors.
In November 1990, NMFS listed the Steller sea lion as threatened
under the Endangered Species Act (ESA) and subsequently approved
Amendment 25
[[Page 9973]]
to the FMP, which contained a variety of Steller sea lion protection
measures. Amendment 25 further subdivided the annual TAC specified for
pollock in the W/C Regulatory Area into three management districts
(Statistical Areas 610, 620, and 630). This action was implemented to
avoid a concentration of fishing effort in time and/or space that could
cause localized depletions of Steller sea lion prey and exacerbate the
decline of Steller sea lions. The effect of Amendment 25 was to divide
the TACs specified for pollock in the W/C Regulatory Areas into 12
individual allowances (four quarterly openings in each of the three
management districts)
Regulations implementing the quarterly allowance system established
by Amendments 19 and 25 are found at 50 CFR 672.20(a)(2)(iv). These
regulations also specify that within any fishing year, shortfalls in
one quarterly allowance be proportionately added to subsequent
quarterly allowances resulting in a sum for each quarterly allowance
not to exceed 150 percent of the original quarterly allowance; and that
within any fishing year, harvests in excess of a quarterly allowance be
deducted proportionately from subsequent quarterly allowances.
Problems With the Quarterly Allowance System
In August 1995, representatives of the GOA pollock industry
submitted a proposal to the Council that would combine the third and
fourth quarterly allowances of pollock TAC into a single seasonal
allowance. Under this industry proposal, the first and second quarterly
allowances would remain unchanged; 25 percent of the TAC on January 1
and 25 percent of the TAC on June 1. However, the third and fourth
quarterly allowances would be combined into a single seasonal allowance
of 50 percent of the TAC released on September 1, rather than the
current quarterly releases of 25 percent on July 1 and October 1.
In response to this proposal, representatives of the inshore sector
of the Bering Sea pollock fishery requested that the opening date for
the combined third and fourth quarter allowance be delayed until
October 1 so that Bering Sea-based vessels would have time to finish
the Bering Sea non-roe pollock fishery before the start of the final
pollock season in the W/C Regulatory Areas. In 1995, the Bering Sea
non-roe pollock season closed on September 23.
Industry and NMFS are in agreement that several problems exist with
the current quarterly allowance system for pollock in the W/C
Regulatory Area. The first problem is with chum salmon bycatch. Since
1991, chum salmon bycatch has been approximately 500 percent higher
during the third quarter pollock opening than any other quarter. In
1993, an estimated 59,000 chum salmon were taken during the third
quarter, and in 1995 an estimated 46,000 chum salmon were taken during
the third quarter pollock fishery. Delaying release of the third
quarter allowance until at least September, after chum salmon spawning
periods have passed, is expected to reduce chum salmon bycatch rates in
the pollock fishery.
A second problem identified by industry is that the current third
quarter pollock fishery conflicts with summer salmon processing
activities. During July, many GOA processors operate at near or full
capacity processing salmon. Delaying the July pollock opening until at
least September would allow processors to avoid scheduling conflicts
with salmon processing, maintain more stable production levels and,
maintain a more stable workforce. Processors currently report
difficulties in maintaining a workforce during September when fewer
fish are typically available, yet they need crews on hand in order to
be ready in October when bottom trawling reopens for groundfish. A
pollock opening in September or October would allow processors to more
easily span the gap between summer salmon fisheries and October bottom
trawl fisheries.
A third concern raised by both management agencies and industry is
that declining pollock stocks and escalating fishing effort have made
the GOA pollock fishery increasingly difficult to manage, especially
during the fourth quarter. The 1995 fourth quarter pollock season is a
case in point. Based on anticipated fishing effort, 1995 fourth quarter
pollock openings were set at 12 hours in Statistical Area 610, 24 hours
in Statistical Area 620, and 3 days in Statistical Area 630.
Nevertheless, substantial overharvest occurred in Statistical Area 630
due to greater than anticipated fishing effort from vessels crossing
over from the Bering Sea and western GOA. This management problem is
most acute during the fourth quarter for two reasons. First, TAC
allowances are frequently reduced in the fourth quarter to adjust for
overharvest of TACs during the other three quarters. Second, effort is
usually highest in the fourth quarter since vessels based in the Bering
Sea enter the W/C Regulatory Area for the fourth quarter pollock
fishery after the September closure of the non-roe season pollock
fishery in the Bering Sea.
Finally, some participants in the GOA pollock fishery have
requested the Council maintain concurrent GOA and Bering Sea pollock
seasons to discourage the Bering Sea-based fleet from participating in
GOA pollock openings. In 1995, the inshore component pollock non-roe
season in the Bering Sea opened on August 15 and closed on September
23, 1 week before the fourth quarter opening in the W/C Regulatory
Areas. As a result, operators of inshore vessels based in the Bering
Sea had both opportunity and incentive to crossover to the W/C
Regulatory Area to participate in the fourth quarter (October 1)
opening since they were idled with their crews available. This
additional fishing effort exacerbated efforts to manage small pollock
TACs in the W/C Regulatory Areas and led to substantial overharvest in
Statistical Area 630.
At its January 1996 meeting, the Council considered three opening
date options for a combined third and fourth quarter allowance;
September 1, September 15, and October 1. At this meeting, a coalition
of Bering Sea and central Gulf-based processors and vessels submitted a
compromise proposal to the Council that would establish an October 1
opening date for the Western Gulf Regulatory Area and a September 1
opening date for the Central Gulf Regulatory Area. Western Gulf-based
processors and fishermen expressed dissatisfaction with the compromise
proposal because an October 1 opening date in the Western Regulatory
Area would facilitate entry by Bering Sea-based vessels.
However, the Council subsequently recommended that NMFS implement
this compromise proposal as the preferred option. The Council believed
that an October 1 opening date for the Western Regulatory Area and a
September 1 opening date for the Central Regulatory Area would achieve
the objectives outlined above while causing the least amount of
dislocation for current participants in the fishery.
Regulatory Changes Proposed By This Action
This action would combine the third and fourth quarterly allowances
in the W/C Regulatory Areas into single seasonal allowances equal to 50
percent of the specified TACs. These combined allowances would open
October 1 in the Western Regulatory Area and September 1 in the Central
Regulatory Area. This action would retain the requirement that, within
any fishing year, shortfalls in the harvest of one seasonal allowance
be proportionately added to subsequent seasonal allowances resulting in
a sum
[[Page 9974]]
for each seasonal allowance not to exceed 150 percent of the original
seasonal allowance; and the requirement that, within any fishing year,
harvests in excess of a seasonal allowance be deducted proportionately
from subsequent seasonal allowances of the same fishing year.
Proposed Changes to 1996 Harvest Specifications
Final 1996 harvest specifications for GOA pollock were published in
the Federal Register on February 5, 1996 (61 FR 4304). The proposed
change from quarterly allowances to three seasonal allowances of
pollock TAC amounts specified for the W/C Regulatory Areas would
require that the final 1996 specifications be amended. First, footnote
2 to Table 1 would be revised to read as follows:
``Pollock is apportioned to three statistical areas in the
combined Western/Central Regulatory Area, each of which is further
divided into three seasonal allowances (Table 3). In the Eastern
Regulatory Area, pollock is not divided into seasonal allowances.''
Second, page 4308 of the final 1996 specifications, section 4,
``Apportionments of Pollock TAC Among Regulatory Areas, Season, and
Between Inshore and Offshore Components,'' and Table 3 would be amended
to reflect the proposed seasonal allowances of pollock:
4. Apportionments of Pollock TAC Among Regulatory Areas, Seasons,
and Between Inshore and Offshore Components
In the GOA, pollock is apportioned by area, season, and inshore/
offshore components. Regulations at Sec. 672.20(a)(2)(iv) require
that the TAC for pollock in the combined W/C GOA be apportioned
among statistical areas; Shumagin (61), Chirikof (62), and Kodiak
(63) in proportion to known distributions of the pollock biomass.
This measure was intended to provide spatial distribution of the
pollock harvest as a sea lion protection measure. Each statistical
area apportionment would be further divided into three seasonal
allowances (Table 3). In the Eastern Regulatory Area, pollock is not
divided into seasonal allowances.
Within any fishing year, any unharvested amount of any seasonal
allowance of pollock TAC would be added in equal proportions to the
subsequent seasonal allowances, resulting in a sum for each seasonal
allowance that does not exceed 150 percent of the original seasonal
allowance. Similarly, harvests in excess of a seasonal allowance of
TAC would be deducted in equal proportions from the remaining
seasonal allowances of that fishing year. Directed fishing for
pollock in the Western Regulatory Area (Statistical Area 610) would
be authorized in seasonal allowances beginning on January 1, June 1,
and October 1. Directed fishing for pollock in the Central
Regulatory Area (Statistical Areas 620 and 630) would be authorized
in seasonal allowances beginning on January 1, June 1, and September
1. The Eastern Regulatory Area pollock TAC of 2,810 metric tons (mt)
is not allocated among smaller areas or seasonal allowances.
Regulations at Sec. 672.20(a)(2)(v)(A) require that the domestic
annual processing (DAP) apportionment for pollock in all regulatory
areas and all seasonal allowances thereof be divided into inshore
and offshore components. One hundred percent of the pollock DAP in
each regulatory area is apportioned to the inshore component after
subtraction of amounts that are determined by the Director, Alaska
Region, NMFS (Regional Director) to be necessary to support the
bycatch needs of the offshore component in directed fisheries for
other groundfish species. The amount of pollock available for
harvest by vessels in the offshore component is that amount actually
taken as bycatch during directed fishing for groundfish species
other than pollock, up to the maximum retainable bycatch amounts
allowed under regulations at Sec. 672.20(g).
Third, Table 3 of the final 1996 specifications would be amended as
follows to reflect the proposed seasonal allowances of pollock:
Table 3.--Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/C GOA).
[ABC for the W/C GOA is 52,000 mt. Biomass distribution is based on 1993 survey data. TACs are equal to ABC.
Inshore and offshore allocations of pollock are not shown. ABCs and TACs are rounded to the nearest 10 mt.]
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Seasonal allowances \1\
Statistical area Biomass 1996 TAC --------------------------------
percent First Second Third
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Shumagin (61)............................................ 49.0 25,480 6,370 6,370 12,740
Chirikof (62)............................................ 24.7 12,840 3,210 3,210 6,420
Kodiak (63).............................................. 26.3 13,680 3,420 3,420 6,840
Total................................................ 100.0 52,000 13,000 13,000 26,000
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\1\ As established under paragraphs (e) and (f) Sec. 672.23, the first and second seasonal allowances of W/C
pollock TAC amounts are available January 1 and June 1, respectively. The third seasonal allowance specified
for statistical area 61 would become available October 1 and the third seasonal allowance specified for
statistical areas 62 and 63 would become available September 1.
Classification
Section 304(a)(1)(D) of the Magnuson Act requires that regulations
proposed by a Council be published within 15 days of receipt of the FMP
amendment and regulations. At this time NMFS has not determined that
Amendment 45 to the FMP that this rule would implement is consistent
with the national standards, other provisions of the Magnuson Act, and
other applicable laws. NMFS, in making that determination, will take
into account the data, views, and comments received during the comment
period.
This proposed rule has been determined to be not significant for
the purposes of E.O 12866.
An RIR was prepared for this proposed rule that describes the
management background, the purpose and need for action, the management
action alternatives, and the social impacts of the alternatives. The
RIR also estimates the total number of small entities affected by this
action and analyzes the economic impact on those small entities. Copies
of the RIR can be obtained from the Council (see ADDRESSES).
The analysis in the RIR shows that the economic effects of this
proposed rule to the regulated community would be positive and
relatively minor. Accordingly, the Assistant General Counsel for
Legislation and Regulation of the Department of Commerce certified to
the Chief Counsel for Advocacy of the Small Business Administration
that this proposed rule, if adopted, would not have a significant
economic impact on a substantial number of small entities. As a result,
a regulatory flexibility analysis was not prepared.
The section 7 consultations for the 1996 GOA and BSAI TAC
specifications have evaluated the potential for adverse effects to ESA
listed species including Steller sea lions, Snake River salmon, and
seabirds. An additional informal consultation to specifically evaluate
the effects of Amendment 45 on Steller sea lions was concluded on
February 16, 1996. As a result of these consultations, the Director,
Alaska Region, NMFS
[[Page 9975]]
determined fishing activities under this rule are unlikely to adversely
affect endangered or threatened species.
List of Subjects in 50 CFR Part 672
Fisheries, Reporting and recordkeeping requirements.
Dated: March 5, 1996.
Richard H. Schaefer,
Acting Program Manager Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 672 is
proposed to be amended as follows:
PART 672--GROUNDFISH OF THE GULF OF ALASKA
1. The authority citation for part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801, et seq.
General Amendments
2. In Sec. 672.20, paragraph (a)(2)(iv); the first sentence of
paragraph (a)(2)(v)(A); and paragraph (c)(2) are revised to read as
follows:
Sec. 672.20 General limitations.
(a) * * *
(2) * * *
(iv) The TAC for pollock in the combined Western and Central
Regulatory Areas will be apportioned among Statistical Areas 610, 620,
and 630 in proportion to the distribution of the pollock biomass as
determined by the most recent NMFS surveys. Each apportionment will be
divided into three seasonal allowances of 25 percent, 25 percent and 50
percent of the apportionment, respectively, corresponding to the three
fishing seasons defined at paragraphs (c) and (f) of Sec. 672.23.
Within any fishing year, any unharvested amount of any seasonal
allowance will be added proportionately to all subsequent seasonal
allowances, resulting in a sum for each allowance not to exceed 150
percent of the initial seasonal allowance. Within any fishing year,
harvests in excess of a seasonal allowance will be deducted
proportionately from all subsequent seasonal allowances.
(v) * * * (A) The DAP apportionment of pollock in all regulatory
areas will be allocated entirely to vessels catching pollock for
processing by the inshore component after subtraction of an amount that
is projected by the Regional Director to be caught by, or delivered to,
the offshore component incidental to directed fishing for other
groundfish species. * * *
* * * * *
(c) * * *
(2)--(i) Applicable after December 31, 1998. If the Regional
Director determines that the amount of a target species or ``other
species'' category apportioned to a fishery is likely to be reached,
the Regional Director may establish a directed fishing allowance for
that species or species group. The amount of a species or species group
apportioned to a fishery is the amount identified in the notice of
specifications as provided in paragraph (c)(1) of this section as these
amounts are revised by inseason adjustments, for that species or
species group, as identified by regulatory area or district and as
further identified according to any allocation of total allowable level
of fishing level (TALFF), the apportionment for joint venture
processing (JVP), the apportionment for DAP, the seasonal allowance of
pollock and, if applicable, as further identified by gear type. In
establishing a directed fishing allowance, the Regional Director shall
consider the amount of that species or species group or seasonal
allowance of pollock that will be taken as incidental catch in directed
fishing for other species in the same regulatory area or district. If
the Regional Director establishes a directed fishing allowance and that
allowance is or will be reached before the end of the fishing year or,
with respect to pollock, before the end of the season, NMFS will
prohibit directed fishing for that species or species group in the
specified regulatory area or district. If directed fishing for a
species or species group is prohibited, any amount of that species or
species group greater than the maximum retainable bycatch amount, as
calculated under paragraph (g) of this section, may not be retained and
must be treated as a prohibited species under paragraph (e) of this
section.
(ii) Applicable through December 31, 1998. If the Regional Director
determines that the amount of a target species or ``other species''
category apportioned to a fishery is likely to be reached, the Regional
Director may establish a directed fishing allowance for that species or
species group. The amount of a species or species group apportioned to
a fishery is the amount identified in the notice of specifications as
provided in paragraph (c)(1) of this section. These amounts are revised
by inseason adjustments, for a given species or species group, as
identified by regulatory area or district, and as further identified
according to any allocation of TALFF, the apportionment for JVP, the
apportionment for DAP, the seasonal allowance of pollock or, with
respect to Pacific cod, to an allocation to the inshore or offshore
component and, if applicable, as further identified by gear type. In
establishing a directed fishing allowance, the Regional Director should
consider the amount of that species group, seasonal allowance of
pollock, or allocation of Pacific cod to the inshore or offshore
component that will be taken as incidental catch in directed fishing
for other species in the same regulatory area or district. If the
Regional Director establishes a directed fishing allowance and that
allowance is or will be reached before the end of the fishing year or,
with respect to pollock, before the end of the season, NMFS will
prohibit directed fishing for the species or species group in the
specified regulatory area or district. If directed fishing for a
species or species group is prohibited, any amount of that species or
species group greater than the maximum retainable bycatch amount, as
calculated under paragraph (g) of this section, may not be retained and
must be treated as a prohibited species under paragraph (e) of this
section.
* * * * *
3. In Sec. 672.23, paragraph (e) is revised and paragraph (f) is
added to read as follows:
Sec. 672.23 Seasons.
* * * * *
(e) Subject to other provisions of this part, directed fishing for
pollock in the Western Regulatory Area of the Gulf of Alaska is
authorized in three seasons: (1) From 0:01 a.m., A.l.t., January 1
through 12 noon, A.l.t., April 1; (2) from 12 noon, A.l.t., June 1
through 12 noon, A.l.t., July 1; and (3) from 12 noon, A.l.t., October
1 through 12 midnight A.l.t., December 31.
(f) Subject to other provisions of this part, directed fishing for
pollock in the Central Regulatory Area of the Gulf of Alaska is
authorized in three seasons: (1) From 0:01 a.m., A.l.t., January 1
through 12 noon, A.l.t., April 1; (2) from 12 noon, A.l.t., June 1
through 12 noon, A.l.t., July 1; and (3) from 12 noon, A.l.t.,
September 1 through 12 midnight A.l.t., December 31.
Nomenclature Amendments
Sec. 672.20 [Amended]
4. In addition to the amendments set out above, in Sec. 672.20, in
paragraph (c)(1), remove all occurrences of the word ``quarterly'' and
add in their place the word ``seasonal''.
[FR Doc. 96-5744 Filed 3-7-96; 11:37 am]
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