[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4922]
[[Page Unknown]]
[Federal Register: March 4, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 671
[Docket No. 940253-4053; I.D. 021494C]
RIN 0648-AG20
King and Tanner Crab Fisheries of the Bering Sea and Aleutian
Islands
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 to implement Amendment 2 to the
Fishery Management Plan (FMP) for the Commercial King and Tanner Crab
Fisheries of the Bering Sea and Aleutian Islands (BSAI). This FMP
amendment would establish the Norton Sound Section of the Northern
District of the king crab fishery as a superexclusive registration
area. If this amendment is approved, existing regulations, which
supersede State of Alaska (State) regulations that establish Norton
Sound as a superexclusive registration area in the exclusive economic
zone (EEZ) of the BSAI, will be removed and reserved. This action is
necessary for the effective management of the fishery having the
smallest biomass and guideline harvest level (GHL) in the BSAI crab
fisheries. This action is intended to promote management and
conservation of crab and other fishery resources and to further the
goals and objectives contained in the FMP for the Commercial King and
Tanner Crab Fisheries of the BSAI.
DATES: Comments must be received on or before April 14, 1994.
ADDRESSES: Send comments to Ronald J. Berg, Chief, Fisheries Management
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, Alaska 99802
(Attn. Lori Gravel). Individual copies of Amendment 2 and the
environmental assessment/regulatory impact review/initial regulatory
flexibility analysis (EA/RIR/IRFA) of this amendment may be obtained
from the North Pacific Fishery Management Council, P.O. Box 103136,
Anchorage, AK 99510 (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Kim J. Spitler, Fisheries Management
Division, Alaska Region, NMFS, 907-586-7228.
SUPPLEMENTARY INFORMATION: Section 304(a)(1)(D)(ii) of the Magnuson
Fishery Conservation and Management Act (Magnuson Act) requires the
Secretary to publish regulations proposed by a Council within 15 days
of receipt of the amendment and regulations. At this time, the
Secretary of Commerce (Secretary) has not determined that the amendment
these rules would implement is consistent with the national standards,
other provisions of the Magnuson Act, and other applicable laws. The
Secretary, in making that determination, will take into account the
information, views, and comments received during the comment period.
Background
The commercial king and Tanner crab fisheries in the EEZ of the
BSAI are managed under the FMP. This FMP was prepared by the North
Pacific Fishery Management Council (Council) under the Magnuson Fishery
Conservation and Management Act (Magnuson Act). It is a framework FMP
that, with oversight by the Council and Secretary, defers management of
the crab resources in the BSAI to the State. The FMP was approved by
the Secretary and implemented on June 2, 1989. At times, regulations
implementing the FMP must be amended to resolve problems pertaining to
management of the BSAI crab fisheries.
The State's Board of Fisheries (Board) formulates regulations to
manage the crab fisheries under procedures specified in the State's
Administrative Procedure Act. On February 8, 1993, the Board
established Norton Sound in the BSAI as a superexclusive registration
area for purposes of managing the Norton Sound red king crab fishery.
The operator of any vessel registered in a superexclusive area would
not be able to register the vessel in any other area during that
registration year. This management measure was proposed to address the
unique collection of problems that make fishery management difficult in
Norton Sound. The problems are associated with conservation and
management of a fishery with a small biomass, small guideline harvest
level (GHL), and a stock on the edge of its geographic range, which
makes it biologically sensitive. The problems include
overcapitalization, short seasons, high management costs, and both
over-harvest and under-harvest of GHLs. Historically, the fishery has
been characterized by years with low levels of participation and fairly
high catch rates followed by years with high levels of participation
and low catch rates. A combination of factors has led to high
participation, which is expected to continue into the future. These
factors are primarily the overcapitalized crab fleet and participants'
efforts to establish catch histories in the event individual fishing
quotas (IFQs) are instituted. Superexclusive registration would be
expected to create a management environment discouraging participation
by large crab vessels and catcher/processors. Probable results are a
slower-paced fishery, fuller attainment of GHLs, a longer season, and
reduced administrative and enforcement costs.
The Alaska Crab Coalition (ACC) appealed the State's designation of
Norton Sound as a superexclusive registration area. Following
Secretarial review of the State's action, the Secretary issued an
interim final rule that superseded State regulations establishing
Norton Sound as a superexclusive registration area in the EEZ of the
BSAI (58 FR 38727, July 20, 1993). This action was necessary because
the Secretary had determined that designation of superexclusive
registration areas was inconsistent with provisions of the FMP. The FMP
contains three categories of management measures: (1) Specific Federal
management measures that require an FMP amendment to change; (2)
framework type management measures, with criteria set out in the FMP
that the State must follow when implementing changes in State
regulations; and (3) measures that are neither rigidly specified nor
frameworked in the FMP, and which may be freely adopted or modified by
the State, subject to an appeals process or other Federal laws.
Registration areas are listed as a Category 2 measure. Section 8.2.8 of
the FMP specifies that king crab registration areas may be designated
as either exclusive or nonexclusive. Designation of a registration area
as superexclusive would require an FMP amendment and incorporation into
the FMP as a Category 1 management measure.
In July 1993, the Council requested proposals for possible
amendments to the FMP. On August 13, 1993, the Board submitted a
proposal to designate Norton Sound as a superexclusive registration
area. This proposal was reviewed by the crab FMP plan team, which
ranked it as a high priority and recommended it to the Council for
consideration. At its September 1993 meetings, the Council recommended
analysis of the Board's proposal. The Alaska Department of Fish and
Game (ADF&G) and NMFS prepared a draft analysis for the proposed FMP
amendment to designate Norton Sound as a superexclusive registration
area. The draft analysis was reviewed by the Council and its Advisory
Panel (AP) and Scientific and Statistical Committee (SSC) during the
Council's December 1993 meetings and adopted for public review. At its
January 1994 meetings, the Council considered the testimony and
recommendations of the AP, SSC, fishing industry representatives and
the general public on the proposed action to designate Norton Sound as
a superexclusive registration area. The Council adopted the proposed
action under Amendment 2 to the FMP and requested NMFS to remove
existing regulations at 50 CFR 671.20, which supersede existing State
regulations designating Norton Sound as a superexclusive registration
area.
Classification
NMFS prepared an IRFA as part of the RIR, which concludes that this
proposed rule, if adopted, could have significant effects on small
entities. Overall, superexclusive registration area designation likely
will result in a transfer of participation and income from a
predominantly large-vessel fleet to a predominantly small-vessel fleet.
Twenty-six vessels registered and fished in Norton Sound in 1992, and
Norton Sound crab contributed no more than 0.7 percent to any of these
vessels' crab landings for the year. Norton Sound crab contributed no
more than 1.6 percent of the total for any of the catcher/processors in
1990. Neither operators of individual vessels nor participants in the
pre-1993 fleet were dependent on this fishery in terms of year-to-year
participation or landings within any one year.
Not knowing the outcome of the ACC's appeal and Secretarial review,
many vessel owners chose not to register for the Norton Sound fishery
in 1993. Twenty-eight percent of the vessels that were registered were
from the local region. A new fresh market for summer king crab was
developed and resulted in higher ex-vessel prices than that received
for crab that are processed and frozen. Local residents are maintaining
plans to develop this market further. Most of the fishermen on the
small vessels are expected to be unemployed if they do not participate
in this fishery. The infusion of employment and income from the 1993
small vessel fishery was significant in the Nome area. The 1993 king
crab fishery represented the largest fishery in the region in terms of
income.
Superexclusive registration is predicted to result in an increase
in retained revenues and possibly to improve market conditions for
increasing overall revenues. It is expected to reduce industry
compliance costs. The economic impact on small entities under the
proposed action would not result in a reduction in annual gross
revenues of more than 5 percent, annual compliance costs that increased
total costs of production by more than 5 percent, or compliance costs
for small entities that are at least 10 percent higher than compliance
costs as a percent of sales for large entities. A copy of this analysis
is available from the Council (see ADDRESSES).
This rule is not subject to review under E.O. 12866.
List of Subjects in 50 CFR Part 671
Fisheries, Reporting and recordkeeping requirements.
Dated: February 28, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 671 is
proposed to be amended as follows:
PART 671--KING AND TANNER CRAB FISHERIES OF THE BERING SEA AND
ALEUTIAN ISLANDS
1. The authority citation for 50 CFR part 671 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 671.20 [Removed and reserved]
2. Section 671.20 is removed and reserved.
[FR Doc. 94-4922 Filed 2-28-94; 4:22 pm]
BILLING CODE 3510-22-P