[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Rules and Regulations]
[Pages 39601-39602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19334]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. ; I.D. 052896A]
RIN 0648-A158
Fisheries of the Exclusive Economic Zone Off Alaska; Delay of the
Pollock Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is delaying from August 15 to September 1 of each fishing
year, the opening of the second (non-roe) directed fishing season for
pollock in the Bering Sea and Aleutian Islands management area (BSAI).
NMFS is also prohibiting vessels from participating in the directed
pollock fishery for 7 days after the September 1 opening if the vessel
participated in any of the directed groundfish fisheries in the Gulf of
Alaska (GOA) or in the BSAI during any portion of the 7-day period
prior to the September 1 opening. This action is necessary to allow
some pollock processor vessels and shoreside processing plants to more
fully realize potential salmon processing opportunities, particularly
for late-run pink salmon. This action is intended to further the
objectives of the Fishery Management Plan for the Groundfish Fishery of
the Bering Sea and Aleutian Island Area (FMP).
EFFECTIVE DATE: August 15, 1996.
ADDRESSES: Copies of the environmental assessment/regulatory impact
review/final regulatory flexibility analysis (EA/RIR/FRFA) prepared for
the original 1993 non-roe season delay or the supplemental EA/RIR
prepared for this action may be obtained from the North Pacific Fishery
Management Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99510-
2252; telephone: 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Fishing for groundfish by U.S. vessels in the exclusive economic
zone of the BSAI is managed by NMFS according to 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 that appear at 50 CFR part 679.
Under regulations at Sec. 679.20(a)(5)(i)(A), the initial total
allowable catch (TAC) amounts specified for pollock in the BSAI
subareas and the Bogoslof District are divided into two seasonal
allowances. Subject to other regulatory provisions, the first seasonal
allowance is available for directed fishing from January 1 until noon,
A.l.t., April 15 (the roe or ``A'' season). The second seasonal
allowance is available for directed fishing from noon A.l.t., August 15
through the end of the fishing year (the non-roe or ``B'' season). NMFS
annually apportions the initial pollock TACs between the roe and non-
roe seasons after consultation with the Council during the annual
groundfish TAC specification process set forth at Sec. 679.20(a).
Recent high abundance of Alaska pink salmon, as well as poor salmon
market conditions, have caused renewed interest by the salmon industry
and groundfish processors to explore opportunities for new salmon
product types and markets. This interest prompted the Council to
recommend a delay in the opening date of the pollock non-roe season
from August 15 to September 1 to provide pollock processors the
opportunity to participate in the processing operations for late-run
pink salmon. A proposed rule to implement the Council's recommendation
was published in the Federal Register on June 12, 1996 (61 FR 29726).
Public comment was invited through July 8, 1996. No letters of comment
were received. No changes to the proposed rule are made in the final
rule, except to incorporate the regulatory format into the new
consolidated regulations governing the fisheries in Federal waters off
Alaska (50 CFR part 679).
This rule annually delays the opening of the pollock non-roe season
until September 1 for both the inshore and the offshore components,
with a fixed season ending date of November 1 of each year. Vessels
participating in the Community Development Quota (CDQ) directed pollock
fishery are exempt from the season ending date restriction. This final
rule also prohibits a vessel from participating in the directed pollock
fishery during the 7 days after the September 1 opening (i.e., from
noon A.l.t. September 1 until noon A.l.t. September 8) if the vessel
participated in any groundfish fishery in either the BSAI or the GOA
during any portion of the 7-day period prior to the opening of the
pollock non-roe season (i.e., from noon A.l.t., August 25 until noon,
September 1, A.l.t.). Vessels participating in the directed CDQ
[[Page 39602]]
pollock fishery are exempt from this prohibition.
Further justification for each of the measures implemented under
the final rule is discussed in the preamble to the proposed rule.
Classification
The Director, Alaska Region, NMFS, determined that this final rule
is necessary for the conservation and management of the BSAI fisheries
and that it is consistent with the Magnuson Act and other applicable
laws.
The Council prepared an FRFA as part of the RIR prepared for the
1993 delay of the non-roe season to August 15. A copy of this analysis
as well as the supplemental analysis prepared by the Council for the
season delay to September 1 is available from the Council (see
ADDRESSES).
An informal consultation under the Endangered Species Act was
initiated for this action on April 30, 1996. As a result of the
informal consultation, the Regional Director determined that fishing
activities conducted under this rule are not likely to adversely affect
endangered or threatened species or critical habitat.
The Assistant Administrator for Fisheries, NOAA (AA), has
determined, under the authority of 5 U.S.C. 553(d)(3), that good cause
exists to waive a portion of the 30-day delayed effectiveness period
for this rule. The AA finds that it is contrary to the public interest
to delay the effectiveness of this rule for 30 days because it conveys
a benefit to the fishing industry that would be denied it if the
opening of the fishery were not delayed from August 15. By delaying the
start of the fishery on August 15, processors will be able process pink
salmon during a time when they otherwise would be processing pollock.
Waiving a portion of the delayed effectiveness period and making this
action effective August 15 will allow certain processors to provide a
different market for pink salmon products and more fully utilize
available pink salmon resources, which will increase the economic value
of pink salmon. Once pink salmon processing has concluded, these
processors will be able to commence pollock production at the same time
as other processors that might not participate in pink salmon
production. If part of the delayed effectiveness period were not
waived, the pollock season would start on August 15, and then close
shortly thereafter when the 30-day delayed effectiveness period
expired. Such an abrupt opening and subsequent closure would be costly
to the industry and confusing as well. In addition, some processors
could be denied the opportunity to process pink salmon unless they
decided to forego some opportunities to process pollock, which is an
unlikely even because the pollock resource is more valuable.
The AA also finds that it is unnecessary to delay the effectiveness
of this rule for 30 days because based on public testimony before the
Council, the pollock and salmon industries already anticipate a delay
in the opening of the pollock fishery from August 15 to September 1 and
have planned accordingly.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements
Dated: July 25, 1996.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 679 is 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. 773 et seq., 1801 et seq.
2. In Sec. 679.20, paragraph (a)(5)(i)(A) is revised to read as
follows:
Sec. 679.20 General limitations.
(a) * * *
(5) * * *
(i) * * *
(A) Seasonal allowances. The TAC of pollock in each subarea or
district of the BSAI will be divided, after subtraction of reserves,
into two allowances. The first allowance will be available for directed
fishing from 0001 hours Alaska local time (A.l.t.) January 1 through
1200 hours, A.l.t. , April 15. The second allowance will be available
for directed fishing from 1200 hours, A.l.t., September 1 through 1200
hours A.l.t., November 1, of each fishing year. Within any fishing
year, unharvested amounts of the first allowance will be added to the
second allowance, and harvests in excess of the first allowance will be
deducted from the second allowance.
* * * * *
3. In Sec. 679.23, paragraph (e)(2) is revised, paragraph (e)(3)
and paragraph (e)(4)(iii) are removed, and paragraph (e)(4) is
redesignated as paragraph (e)(3) to read as follows:
Sec. 679.23 Seasons.
* * * * *
(e) * * *
(2) Directed fishing for pollock. (i) Subject to other provisions
of this part, and except as provided in paragraphs (e)(2)(ii) and
(e)(2)(iii) of this section, directed fishing for pollock is authorized
from 0001 hours, A.l.t., January 1, through 1200 hours, A.l.t, April
15, and from 1200 hours A.l.t., September 1, through 1200 hours A.l.t,
November 1, of each fishing year.
(ii) Applicable through December 31, 1998. (A) Subject to other
provisions of this part and except as provided in paragraphs
(e)(2)(ii)(B) and (e)(2)(ii)(C) of this section, directed fishing for
pollock by the offshore component, defined at Sec. 679.2 of this part,
or by vessels delivering pollock to the offshore component, is
authorized from 1200 hours A.l.t., January 26, through 1200 hours
A.l.t., April 15.
(B) Directed fishing for pollock by the offshore component, or
vessels delivering pollock to the offshore component is prohibited
through 1200 hours, A.l.t., February 5, for those vessels that are used
to fish prior to 1200 hours, A.l.t., January 26, for groundfish in the
BSAI, groundfish in the GOA, as defined at Sec. 679.2, or king or
Tanner crab in the BSAI, as defined at Sec. 679.2.
(C) Neither paragraphs (e)(2)(ii)(B) nor (e)(2)(iii) of this
section apply to vessels used to fish exclusively in a directed fishery
for pollock prior to 1200 hours, A.l.t., January 26, or during the
period that extends from 1200 hours, A.l.t., August 25, through 1200
hours A.l.t., September 1, under the Western Alaska Community
Development Quota program pursuant to subpart C and
Sec. 679.23(e)(2)(ii)(D) of this section.
(D) Directed fishing for pollock under the Western Alaska Community
Development Quota program pursuant to subpart C of this part is
authorized from 0001 hours A.l.t, January 1, through the end of the
fishing year.
(iii) Directed fishing for pollock is prohibited during the second
pollock season defined at paragraph (e)(2)(i) of this section through
1200 hours, A.l.t., September 8, for any vessel that is used to fish
with trawl gear for groundfish in the BSAI or the GOA as defined at
Sec. 679.2 of this part, between 1200 hours A.l.t., August 25, and 1200
hours A.l.t., September 1.
* * * * *
[FR Doc. 96-19334 Filed 7-25-96; 4:20 pm]
BILLING CODE 3510-22-F
