[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
                                                   ---------------------
  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]
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