[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7139]


[[Page Unknown]]

[Federal Register: March 25, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 672 and 675

[Docket No. 930652-4028; I.D. 012694E]

 

Groundfish of the Gulf of Alaska; Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to reduce the proportion of pollock 
roe that may be retained onboard a vessel during a fishing trip in the 
Alaska groundfish fisheries. This action is necessary to implement a 
statutory prohibition against the wasteful use of pollock by stripping 
roe (eggs) from female pollock and discarding female and male pollock 
carcasses without further processing, commonly known as pollock roe 
stripping, and to promote the goals and objectives of the Fishery 
Management Plan (FMP) for Groundfish of the Gulf of Alaska and the FMP 
for the Groundfish Fisheries of the Bering Sea and Aleutian Islands 
Area with respect to groundfish management off Alaska.

DATES: This rule is effective April 25, 1994.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) may be 
obtained from the Alaska Region, National Marine Fisheries Service, 
P.O. Box 21668, Juneau, AK 99802 (Attn: Lori Gravel).

FOR FURTHER INFORMATION CONTACT: Ronald J. Berg, Chief, Fisheries 
Management Division, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by U.S. vessels in the exclusive economic 
zone of the Gulf of Alaska (GOA) and the Bering Sea and Aleutian 
Islands area (BSAI) is managed by the Secretary of Commerce (Secretary) 
under the FMPs for Groundfish of the GOA and for the Groundfish 
Fisheries of the BSAI. The FMPs were prepared by the North Pacific 
Fishery Management Council (Council) under the Magnuson Fishery 
Conservation and Management Act (Magnuson Act) and are implemented by 
regulations governing the U.S. groundfish fisheries at 50 CFR parts 672 
and 675. General regulations that also pertain to U.S. fisheries appear 
at 50 CFR part 620.
    This action reduces the proportion of pollock roe that may be 
retained onboard a vessel relative to other pollock products on board 
the vessel during a fishing trip from 10 to 7 percent. A reduction in 
the proportion of pollock roe that may be retained is one of several 
measures contained in a proposed rule, which invited comment through 
September 23, 1993 (58 FR 44643, August 24, 1993). The measure proposed 
at that time would have reduced the retainable roe proportion specified 
in the regulations from 10 percent to 5 percent. Seven letters of 
comments were received that addressed the retainable pollock roe 
proportion. They are summarized and responded to in the Comments 
Received section of this preamble.
    Other measures contained in the proposed rule published on August 
24, 1993, would establish standard product types and recovery rates for 
groundfish products. Those measures are still under review by NMFS and 
will be covered in a separate final rule.

Changes From the Proposed Rule

    The proposed rule would have amended Secs. 672.20(i) and 675.20(j) 
of title 50 CFR to specify 0.05, rather than 0.10, as the allowable 
ratio of pollock roe to the round weight equivalents of other pollock 
products that may be onboard a vessel during a trip. NMFS has 
determined that the current 10 percent proportion of roe that is 
allowed to be retained when harvesting pollock is too high, given 
actual proportions that resulted during the 1991, 1992, and 1993 
pollock fisheries in the BSAI, and that it should be reduced to 7 
percent rather than to 5 percent as proposed. Under a roe retention 
rate of 10 percent, processors could ``top off'' with amounts of 
pollock roe by stripping roe from subsequent pollock catches and 
discarding the carcasses.
    Actual amounts of roe produced during the 1992 and 1993 pollock roe 
seasons show that processors typically produced pollock roe as an 
ancillary product as intended by the BSAI FMP. Roe production resulted 
in an overall proportion of less than 4 percent of pollock primary 
products. However, NMFS recognizes that this proportion represents an 
overall average proportion. Although NMFS acknowledges variation in 
pollock production throughout a season, individual processors may 
achieve higher proportions by topping off retained amounts of pollock 
round-weight equivalents with additional pollock roe. To allow too high 
a proportion could encourage this ``topping of'' practice.
    In determining that 7 percent should be the applicable limit, NMFS 
reviewed 1993 roe recovery information during the roe pollock fishing 
season, which was conducted between January 20 and April 15. These 
vessels were typically participating under Community Development Quotas 
during 1993 and achieved roe recoveries during a time when roe recovery 
was optimal. Data from 12 participating vessels, which produced 1,422 
mt of pollock roe from 31,772 mt of retained pollock catch, show that 
the average roe recovery was 0.045 during the roe pollock fishing 
season. The highest average roe proportion achieved by any one vessel 
participating under Community Development Quotas was 0.072. The lowest 
proportion achieved by one of the 12 vessels was 0.020. An allowable 
proportion of 0.07 (rounded to the nearest 100th) would minimize 
amounts of roe that might be discarded as a result of regulations, 
while still complying with the intent of the Magnuson Act to prohibit 
roe stripping. Therefore, NMFS is implementing 0.07 as the allowable 
proportion of roe as measured against other pollock products rather 
than 0.05 as proposed.

Response to Comments

    This action responds to concerns expressed in public testimony that 
the previously allowed retainable roe proportion of 10 percent does not 
successfully prohibit roe stripping. No additional comments to that 
effect were received during the comment period provided by the proposed 
rule. Seven comments were received from industry participants, 
primarily expressing concern that the proposed reduction to 5 percent 
would result in unnecessary economic loss to the industry.
    Comment 1: The proposed reduction from 0.10 to 0.05 of allowable 
pollock roe that may be retained is too low and will result in 
substantial economic loss. Average roe recoveries have been 
substantially lower than 0.10, which means that the average vessel is 
not topping off its retained pollock production with pollock roe. The 
average vessel, therefore, is not stripping pollock roe, and the 
reduction is not necessary.
    Response: NMFS has decided to reduce the limit to 7 percent rather 
than 5 percent. Seven percent is the highest average roe proportion 
achieved by any one vessel for which NMFS has records during the 1993 
directed fishery for roe-bearing pollock. NMFS does not concur that 
substantial economic loss will result. Maintaining the existing 10 
percent limit could encourage roe stripping when the average recovery 
is substantially less. This would be inconsistent with the Magnuson 
Act, which prohibits roe stripping.
    Comment 2: The proposed reduction in the amount of retainable 
pollock roe will discriminate against the offshore fleet.
    Response: When the Council developed Amendments 14 and 19 to the 
FMPs for the BSAI and GOA, it considered several options for 
implementing the Magnuson Act's ban on roe stripping. The Council's 
recommended alternative was based, in part, on the fact that the 
agency's ability to regulate on shore processing is limited under the 
Magnuson Act. Shorebased processing facilities may be subject to a 
State of Alaska policy that pollock roe stripping be eliminated to the 
fullest extent possible (AS 16.10.164).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA) has determined 
that this rule is necessary to promote compliance with the Magnuson Act 
prohibition of stripping pollock of its roe and discarding the flesh of 
the pollock (16 U.S.C. 1857(1)(N)).
    The Alaska Region, NMFS, prepared a final regulatory flexibility 
analysis as part of the EA/RIR/FRFA prepared for final rulemaking, 
which concludes that this rule will have significant effects on a 
substantial number of small entities. The FRFA concludes that reducing 
the allowable proportion to 0.07 for retained pollock roe is superior 
to the status quo alternative in which the allowable proportion is 
0.10. In 1992, actual roe recovery rates achieved by shore-based and 
at-sea processors were 0.037 and 0.034, respectively. In 1993, the 
actual roe recovery rate achieved by shorebased processors was 0.026. 
Some at-sea processors achieved roe recoveries of 0.072 during a time 
when roe maturation was likely optimum. The recovery rate of 0.07 is 
not expected to be constraining and will better achieve the intent of 
the Council and the Magnuson Act to prohibit pollock roe stripping. A 
copy of the EA/RIR/FRFA may be obtained from NMFS (see ADDRESSES).
    This rule is not subject to review under E.O. 12866.

List of Subjects in 50 CFR Parts 672 and 675

     Fisheries, Reporting and recordkeeping requirements.

     Dated: March 21, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 672 and 675 
are 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.

    2. In Sec. 672.20, paragraphs (i)(1) and (i)(6) are revised to read 
as follows:


Sec. 672.20  General limitations.

* * * * *
    (i) * * *
    (1) For purposes of this paragraph (i), pollock roe means product 
comprised of pollock eggs, either loose or in sacs or skeins. Pollock 
roe retained onboard a vessel at any time during a fishing trip must 
not exceed 7 percent of the total round-weight equivalent of pollock, 
as calculated from the primary pollock product onboard the vessel 
during the same fishing trip as defined in this paragraph (i). 
Determinations of allowable retention of pollock roe will be based on 
amounts of pollock harvested, received, or processed during a single 
fishing trip. Pollock or pollock products from previous fishing trips 
that are retained onboard a vessel may not be used to determine the 
allowable retention of pollock roe for that vessel.
* * * * *
    (6) Calculation of the amount of retainable pollock roe. To 
calculate the amount of pollock roe that can be retained onboard during 
a fishing trip, first calculate the round-weight equivalent by dividing 
the total amount of primary product onboard by the appropriate product-
recovery rate. To determine the amount of pollock roe that can be 
retained during the same fishing trip, multiply the round-weight 
equivalent by 0.07. The result is the maximum amount of pollock roe 
that can be retained onboard during that fishing trip. Pollock roe 
retained onboard from previous fishing trips will not be counted, for 
purposes of this paragraph (i)(6). If two or more products, other than 
roe, are made from different fish, then round-weight equivalents are 
calculated separately for each product. Round-weight equivalents are 
then added together, and the sum multiplied by 0.07 to determine the 
maximum amount of pollock roe that can be retained onboard a vessel 
during a fishing trip. However, if two or more products, other than 
roe, are made from the same fish, then the maximum amount of pollock 
roe that can be retained during a fishing trip is determined from the 
primary product.
* * * * *

PART 675--GROUNDFISH FISHERY OF THE BERING SEA AND ALEUTIAN ISLANDS 
AREA

    4. The authority citation for part 675 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    5. In Sec. 675.20, paragraphs (j)(1) and (j)(6) are revised to read 
as follows:


Sec. 675.20  General limitations.

* * * * *
    (j) Allowable retention of pollock roe. (1) For purposes of this 
paragraph (j), pollock roe means product comprised of pollock eggs, 
either loose or in sacs or skeins. Pollock roe retained onboard a 
vessel at any time during a fishing trip must not exceed 7 percent of 
the total round-weight equivalent of pollock, as calculated from the 
primary pollock product onboard the vessel during the same fishing trip 
as defined in this paragraph (j). Determinations of allowable retention 
of pollock roe will be based on amounts of pollock harvested, received, 
or processed during a single fishing trip. Pollock or pollock products 
from previous fishing trips that are retained onboard a vessel may not 
be used to determine the allowable retention of pollock roe for that 
vessel.
* * * * *
    (6) Calculation of the amount of retainable pollock roe. To 
calculate the amount of pollock roe that can be retained onboard during 
a fishing trip, first calculate the round-weight equivalent by dividing 
the total amount of primary product onboard by the appropriate product 
recovery rate. To determine the amount of pollock roe that can be 
retained during the same fishing trip, multiply the round-weight 
equivalent by 0.07. The result is the maximum amount of pollock roe 
that can be retained onboard during that fishing trip. Pollock roe 
retained onboard from previous fishing trips will not be counted, for 
purposes of this paragraph (j)(6). If two or more products, other than 
roe, are made from different fish, then round-weight equivalents are 
calculated separately for each product. Round-weight equivalents are 
then added together, and the sum multiplied by 0.07 to determine the 
maximum amount of pollock roe that can be retained onboard a vessel 
during a fishing trip. However, if two or more products, other than 
roe, are made from the same fish, then the maximum amount of pollock 
roe that can be retained during a fishing trip is determined from the 
primary product.
* * * * *
[FR Doc. 94-7139 Filed 3-24-94; 8:45 am]
BILLING CODE 3510-22-P