[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