[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Proposed Rules]
[Pages 23712-23715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11472]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 980331079-8079-01; I.D. 031198D]
RIN 0648-AK71
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
of the Gulf of Alaska; Seasonal Apportionments of Pollock
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; proposed amendment to change seasonal
apportionments of pollock; request for comments.
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SUMMARY: NMFS proposes to change the seasonal apportionment of the
pollock total allowable catch amount (TAC) in the combined Western and
Central (W/C) Regulatory Areas of the Gulf of Alaska (GOA) by moving 10
percent of the TAC from the third fishing season, which starts on
September 1, to the second fishing season, which starts on June 1. This
seasonal TAC shift is a precautionary measure intended to reduce the
potential impacts on Steller sea lions of pollock fishing under an
increased 1998 TAC by reducing the percentage of the pollock TAC that
is available to the commercial fishery during the fall and winter
months, a period that is critical to Steller sea lions. This action is
intended to promote the conservation and management objectives of the
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).
DATES: Comments must be received by May 15, 1998.
ADDRESSES: Comments on the proposed rule must be sent to Sue Salveson,
Assistant Regional Administrator for Sustainable Fisheries, Alaska
Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori J. Gravel.
Copies of the Environmental Assessment/Regulatory Impact Review (EA/
RIR) prepared for this action may be obtained from the same address.
FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228 or
kent.lind@noaa.gov
SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive
economic zone of the GOA are managed by NMFS under the FMP. The FMP was
prepared by the North Pacific Fishery Management Council (Council)
under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). Regulations governing the groundfish fisheries
of the GOA appear at 50 CFR part 600 and 50 CFR part 679.
Current groundfish regulations apportion the pollock TAC in the W/C
Regulatory Areas among three statistical areas--610 (Shumagin), 620
(Chirikof), and 630 (Kodiak)--and divide the TAC apportioned to each
statistical area into three seasonal allowances of 25 percent, 25
percent, and 50 percent of the TAC, which become available on January
1, June 1, and September 1, respectively. The proposed rule would shift
10 percent of the TAC from the third to the second season resulting in
seasonal allowances of 25 percent, 35 percent, and 40 percent,
respectively.
In December 1997, the Council approved a 1998 pollock TAC of
119,150 metric tons (mt) for the W/C Regulatory Areas of the GOA. This
TAC represents a 60 percent increase from the 1997 pollock TAC of
74,400 mt. The GOA Plan Team and the Council's Scientific and
Statistical Committee recommended the increased TAC based on survey and
fishery data indicating increasing abundance and the presence of a
large 1994 year class. Despite the projected increase in the pollock
biomass available in the GOA, NMFS marine mammal biologists believe
that precautionary action is warranted to shift increases in pollock
fishing away from the fall and winter months, which are a critical
feeding period for Steller sea lions particularly juveniles and adult
females. Without action, 50 percent of the increased TAC would become
available to commercial fishing during the September fishing season,
substantially increasing the amount of fish that could be harvested in
that season and extending the fishery further into that season, a time
period considered particularly critical to Steller sea lions.
Current Status of Steller Sea Lions
NMFS has the authority to implement regulations necessary to
protect Steller sea lions under the Endangered Species Act (ESA) and
the Marine Mammal
[[Page 23713]]
Protection Act. Similarly, under the Magnuson-Stevens Act, NMFS has the
authority to regulate fishing activities that may be affecting sea
lions, directly or indirectly. In 1990, coincident with the listing of
Steller sea lion as threatened under the ESA (55 FR 12645; April 5,
1990), NMFS: (1) Prohibited entry within 3 nautical miles of listed
Steller sea lion rookeries west of 150 deg. W. long.; (2) prohibited
shooting at or near Steller sea lions; and (3) reduced the allowable
level of take incidental to commercial fisheries in Alaskan waters. As
a result of ESA section 7 consultations on the effects of GOA
groundfish fisheries, NMFS implemented additional protective measures
in 1991, 1992, and 1993 to reduce the effects of certain commercial
groundfish fisheries on Steller sea lion foraging.
On June 4, 1997, NMFS separated the Steller sea lion population
into eastern and western stocks and listed the western stock as
endangered under the ESA (62 FR 24345, May 5, 1997). The eastern stock
remains listed as threatened. The two stocks are separated at 144 deg.
W. long., or approximately at Cape Suckling, just east of Prince
William Sound. This stock separation was based on genetic differences
(mitochondrial DNA), different population trajectories (declining stock
in the west, stable or slightly increasing stock in the east), as well
as other factors. No additional management actions accompanied the 1997
change in ESA listing.
Since these measures were imposed, NMFS has been studying the
relationship between biomass removed by fisheries and declines in the
Steller sea lion population (Ferrero and Fritz, 1994). These studies
have been inconclusive, showing both positive and negative correlations
between harvest levels and Steller sea lion populations at various
locations in the GOA and Aleutian Islands. Because Steller sea lions
are long-lived with low reproductive rates, the effects, if any, of
these protective measures on the Steller sea lion population may be
slow to manifest themselves. For perspective, NMFS marine mammal
biologists estimate that fishing restrictions may need to be in place a
minimum of 10 years to observe effects in the population.
During June 1997, NMFS surveyed Steller sea lion populations in the
W/C Regulatory Areas of the GOA and the eastern Aleutians Islands. The
1997 survey included rookery and haul-out sites from Outer Island off
the Kenai Peninsula to the Umnak Island region. Numbers of non-pups at
rookery and haul-out trend sites in the survey area declined by 13.9
percent since 1994 and 10.3 percent since June 1996. The greatest
relative declines were in the central GOA (Kenai Peninsula to the
Semidi Islands), a region where non-pup numbers have declined each
survey since 1989. Numbers also declined at trend sites in the western
GOA and in the eastern Aleutian Islands, two regions where numbers are
depressed but have remained relatively steady since 1989. Considering
all sites surveyed each year since 1994 (approximately 50 percent more
animals than at trend sites only), numbers of non-pups remained stable
in the western Gulf and eastern Aleutian Islands (10,858 in 1994,
11,034 in 1996, 11,080 in 1997).
Importance of Pollock to Steller Sea Lions
At present, NMFS cannot fully characterize the foraging patterns
and preferences of Steller sea lions. Nevertheless, pollock is a major
component of their diet. Numerous studies of Steller sea lion diet
suggest that, in many areas, pollock is their most frequent prey item
(NMFS, 1995 Status review of the United States Steller Sea Lion
[Eumetopias jubatus] population). The leading hypothesis for the
decline of the Steller sea lion is the lack of available prey.
Therefore, the availability of pollock is a matter of considerable
management concern.
The pollock fishery in the Western Regulatory Areas occurs
substantially within Steller sea lion foraging areas. Harvest data
indicate significant pollock removals have occurred since 1977 from
areas designated as critical habitat under the ESA. The percentage of
total pollock catch in the GOA removed from within Steller sea lion
critical habitat has increased significantly from less than 10 percent
in the late 1970s to approximately 80 percent from 1983 to 1986. Except
for a high removal in 1988 (approximately 90 percent), the percentage
of the pollock catch removed from critical habitat dropped to
approximately 60 percent or less of the total catch in 1987-91.
Although as discussed above sea lion protective measures were put in
place in the early 1990s, the percentage of total pollock removed from
critical habitat has increased from the level seen in the late 1980s to
80 percent in 1993-96. This harvest has occurred principally within 20
nautical miles of rookeries and major haulouts. Additional information
on the status of Steller sea lions and the pollock fishery in the GOA
is available in the EA/RIR prepared for this action (See ADDRESSES).
Concerns Related to Current Pollock Seasonal Apportionments
The pollock fishery in the W/C Regulatory Areas of the GOA could
adversely affect the foraging success of Steller sea lions in three
major ways:
1. The fishery could deplete pollock stocks in a local geographic
area of foraging importance due to aggregation of fishing effort;
2. Fishing pressure could alter the age structure of fish stocks
targeted by a fishery, resulting in a shift in biomass from older to
younger age classes; and
3. Fishing could alter the actual and relative abundance of pollock
stocks in the GOA and increase the dominance of fish species that are
less desirable for Steller sea lions. (NMFS, Biological Opinion on the
Gulf of Alaska Groundfish Fishery Management Plan, 1991).
The first and third of these factors appear to have the greatest
significance to Steller sea lions. The first factor may be more
significant during late fall and winter, when sea lions, particularly
pregnant females and newly-weaned pups, may be more nutritionally-
stressed. Most Steller sea lions give birth to pups in June, and by
October, some of the pups are beginning to wean. For Steller sea lions,
weaning appears to be a protracted event. The post-weaning period may
be a critical transition in a sea lion's life history, as pups begin
foraging independently concurrent with more adverse winter conditions
(Merrick and Loughlin, 1997).
The 60 percent increase in TAC in the W/C Regulatory Areas has
raised two specific concerns related to the disproportionate percentage
of TAC currently apportioned to the third fishing season, which opens
September 1. The first concern is that, under a 60 percent TAC
increase, the third pollock season is expected to last longer,
increasing the time period during the third season in which sea lions
may be in competition with the commercial fishery for pollock prey.
Subsequent increases of TAC in future years could further aggravate
this trend during a time period that may be critical to sea lions.
The second concern is that harvest of a disproportionate percentage
of the TAC during a single time period may increase the likelihood that
the commercial fishery may deplete the pollock resource in localized
areas where Steller sea lions may forage. Since fishing activity is not
distributed evenly throughout the W/C Regulatory Areas, (i.e.,
fishermen tend to fish as close to the processing plant as possible),
there is a greater likelihood
[[Page 23714]]
that pollock stocks in certain localized areas could be depleted during
the third season, which currently has twice the TAC allowance of the
first and second seasons. While there is no evidence that such
localized depletions have any effect on the health of the pollock
stocks, the concern is that, if localized depletions occur near Steller
sea lion feeding areas, they may adversely affect Steller sea lions.
Section 7 Consultation on the 1998 GOA Pollock TAC Specifications
Based on the concerns cited above, NMFS initiated ESA section 7
consultation on the 1998 GOA pollock TAC specifications. In a
Biological Opinion dated March 2, 1998, NMFS described the proposed
action as follows:
The proposed action is to conduct the Gulf of Alaska pollock
fishery in 1998 with a 119,150 mt TAC divided among three seasons
starting January 20, June 1, and September 1. Final specifications
for the fishery will indicate a 25 percent, 25 percent, 50 percent
TAC distribution for the three seasons, but the June 1 and September
1 TAC levels will be revised through rulemaking to a distribution of
35 percent and 40 percent for the last two seasons. This
reapportionment will reduce the catch in the season beginning
September 1 and shorten the duration of this season's pollock
fishery. This measure will, therefore, minimize potential adverse
effects of the fishery on Steller sea lions during the winter
months, when weaned pups are learning to forage and adult females
may be both pregnant and lactating.
The Biological Opinion concluded that the proposed increase in the
TAC for pollock in the combined Western and Central Regulatory Areas of
the GOA fishery is not likely to jeopardize the continued existence of
the western population of Steller sea lions and is not likely to
destroy or adversely modify designated critical habitat for the species
in Alaska.
Amendment to Final 1998 W/C Regulatory Area Pollock TAC
Specifications
To implement the proposed rule in 1998, this action also would
amend Table 3 of the 1998 final harvest specifications for groundfish
of the GOA (63 FR 12027, March 12, 1998). Table 3 of the 1998
specifications would be revised as follows:
Table 3.--Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/C GOA);
Biomass Distribution, Area Apportionments, and Seasonal Allowances
[ABC for the W/C GOA is 119,150 metric tons (mt). Biomass distribution is based on 1996 survey data. TACs are
equal to ABC. Inshore and offshore allocations of pollock are not shown. ABCs and TACs are rounded to the
nearest 5 mt.]
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(mt)
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Statistical area Biomass 1998 ABC = Seasonal Allowances
percent TAC --------------------------------------
First Second Third
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Shumagin (610)................................. 25 29,790 7,450 10,430 11,910
Chirikof (620)................................. 42 50,045 12,510 17,515 20,020
Kodiak (630)................................... 33 39,315 9,830 13,760 15,725
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Total...................................... 100 119,150 29,790 41,705 47,655
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Classification
This proposed rule has been determined to be not significant for
the purposes of E.O. 12866.
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,
will not have a significant economic impact on a substantial number of
small entities as follows:
In 1996, the most recent year for which vessel participation
data are available, 1,508 vessels participated in the groundfish
fisheries of the GOA; 1,254 longline vessels, 148 pot vessels, and
202 trawl vessels. All of these vessels may be considered small
entities under the Regulatory Flexibility Act and, all of these
vessels may encounter pollock in the course of their fishing
activity and are therefore, affected by regulations governing the
taking of pollock in the GOA. These small entities could experience
impacts from this rule in one of two ways depending on whether or
not they participate in the directed fishery for pollock in the W/C
Regulatory Area. The 1,412 vessels that do not engage in directed
fishing for pollock are nonetheless affected by regulations
governing the pollock fishery because improved retention/improved
utilization regulations require that the vessels retain and utilize
all pollock brought on board the vessel up to any maximum retainable
bycatch amount in effect for pollock, regardless of whether pollock
is the vessel's target fishery. A shift in pollock TAC from
September to June would have the effect of shortening the September
pollock fishery and lengthening the June pollock fishery.
Consequently, vessels engaged in fisheries other than pollock will
have a longer period in June during which all incidental pollock
catch must be retained, and a shorter period in September during
which all incidental catch of pollock must be retained. However,
this shift is not expected to have any economic effect on vessels
not engaged in directed fishing for pollock because all non-pollock
vessels maintain incidental catch rates for pollock that are below
the maximum retainable bycatch amount regardless of whether the
pollock fishery is open or closed.
Because potential economic impacts would fall primarily on the
vessels engaged in directed fishing for pollock, it is necessary to
consider these entities as a separate universe for purposes of the
Regulatory Flexibility Act. In 1996, 96 vessels, all of them trawl
catcher vessels, participated in the directed fishery for pollock in
the GOA. All of these vessels are considered small entities and all
could experience economic impacts as a result of this rule. The
projected exvessel value of the 1998 pollock fishery in the combined
W/C Regulatory Area is $25,670,006 under the status quo, and
$25,144,792 under the proposed action, which represents a 2 percent
reduction in exvessel value from the status quo. Therefore, the 96
vessels in the GOA that engage in directed fishing for pollock may
be expected to experience a 2 percent reduction in the exvessel
value of their pollock catch under the proposed action, relative to
the status quo. The actual impact on an individual vessel's gross
annual revenue would vary depending on how much of its total annual
revenue derives from the pollock fishery. Most vessels that engage
in directed fishing for pollock participate in other groundfish
fisheries and some also participate in crab and salmon fisheries as
well. Therefore, in no case would the effect of the proposed action
be a decrease greater than 2 percent of a vessel's gross revenue.
This reduction in gross revenue relative to the status quo is not
expected to force any small entities out of business, especially
given that the 60 percent increase in pollock TAC for 1998 will
result in a substantial increase in revenues to the pollock fishery
relative to 1997.
Because a reapportionment of pollock TAC under the proposed
action would not result in a reduction of gross annual revenue of
more than 2 percent for any vessel in the fishery, would not
increase total costs of
[[Page 23715]]
production, and would not increase total costs of production, and
would not increase compliance costs for small entities compared with
compliance costs as a percent of sales for large entities, this
action would not have a significant economic impact on a substantial
number of small entities. Consequently, an initial regulatory
flexibility analysis was not prepared.
Copies of the EA/RIR are available from NMFS (see ADDRESSES).
A formal section 7 consultation under the Endangered Species Act
was initiated for the 1998 final specifications for groundfish of the
GOA. In a biological opinion dated March 2, 1998, the Assistant
Administrator for Fisheries, NOAA, determined that fishing activities
conducted under this proposed rule are not likely to jeopardize the
continued existence of any endangered or threatened species under the
jurisdiction of NMFS or result in the destruction or adverse
modification of critical habitat.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: April 24, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is
proposed to be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq., 773 et seq., and 3631 et seq.
2. In Sec. 679.20, paragraph (a)(5)(ii)(B) is revised to read as
follows:
Sec. 679.20 General limitations.
(a) * * *
(5) * * *
(ii) * * *
(B) Seasonal allowances. Each apportionment will be divided into
three seasonal allowances of 25 percent, 35 percent, and 40 percent of
the apportionment, respectively, corresponding to the three fishing
seasons defined at Sec. 679.23(d)(2).
* * * * *
[FR Doc. 98-11472 Filed 4-29-98; 8:45 am]
BILLING CODE 3510-22-P
