[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7934]


[[Page Unknown]]

[Federal Register: April 4, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 301

[Docket No. 940381-4081; I.D. 031194B]
RIN 0648-AG09

 

Pacific Halibut Fisheries

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

ACTION: Proposed rule and request for comments.

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SUMMARY: NMFS issues a proposed rule to implement certain allocative 
regulations governing fishing for halibut in Regulatory Area 4B as 
recommended by the North Pacific Fishery Management Council (Council). 
This action is necessary to enhance the fishing opportunities of small, 
locally based vessels in Area 4B. It is intended to further the goals 
and objectives of the Council with respect to the Pacific halibut 
fishery.

DATES: Comments on the proposed rule and supporting documents, 
especially the environmental assessment/regulatory impact review/
initial regulatory flexibility analysis (EA/RIR/IRFA), are invited 
until April 29, 1994.

ADDRESSES: Comments should be addressed to Ronald J. Berg, Chief, 
Fisheries Management Division, NMFS, 709 W. 9th Street, room 457-1, 
P.O. Box 21668, Juneau, AK 99802-1668. Copies of the EA/RIR/IRFA may be 
obtained by contacting the North Pacific Fishery Management Council, 
P.O. Box 103136, Anchorage, AK 99510, 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Jay J. C. Ginter, Fishery Management 
Biologist, NMFS, Alaska Region, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The fishery for Pacific halibut (Hippoglossus stenolepis) off the 
coasts of Alaska, British Columbia, Washington, Oregon, and California 
is governed by the Convention for the Preservation of the Halibut 
Fishery of the Northern Pacific Ocean and the Bering Sea (Convention) 
signed by the United States and Canada in 1953. The Convention is 
carried out by the International Pacific Halibut Commission (IPHC), 
which develops regulations to manage the fishery. The United States and 
Canada amended the Convention in 1979. The Northern Pacific Halibut Act 
of 1982 (Halibut Act, Pub. L. 97-176) was subsequently enacted to give 
effect to the 1979 Protocol.
    Section 5(c) of the Halibut Act provides for the appropriate 
Regional Fishery Management Council under the Magnuson Act to develop 
regulations, including limited access regulations, governing the U.S. 
portion of Convention waters and applicable to nationals or vessels of 
the United States, which are in addition to, and not in conflict with, 
regulations adopted by the IPHC. Since 1987 NMFS has interpreted this 
provision to mean that regulations having domestic allocation of the 
Pacific halibut resource as a primary purpose would be developed by the 
Council with respect to Alaska and by the Pacific Fishery Management 
Council with respect to Washington, Oregon, and California. Regulations 
having biological conservation as a primary purpose are developed by 
the IPHC. This policy does not necessarily prevent either Regional 
Council from developing biological conservation regulations that are in 
addition to and not in conflict with IPHC regulations. Neither does the 
policy necessarily prevent the IPHC from developing regulations that 
have secondary domestic allocation effects.

Area 4B Allocation

    To determine the need for domestic allocation of Pacific halibut, 
the Council solicited regulatory proposals from the public in July 
1993. The Council received two such proposals that were reviewed and 
evaluated by the Council's Halibut Regulatory Amendment Advisory Group 
(RAAG). At its meeting of September 21-26, 1993, the Council reviewed 
recommendations of the RAAG and decided to take action on one proposal 
concerning the Area 4B fishery. The other proposal, which is undergoing 
further study, concerned allocations to the halibut charter boat 
fishery.
    The Area 4B allocation proposal is designed to ameliorate the 
effects caused by the differing harvest abilities of vessel operators 
who catch and land all their halibut harvest in Area 4B, principally at 
the Aleutian Islands community of Atka (single-area vessels), and who 
catch and land halibut in other areas as well as Area 4B (multiple-area 
vessels). Most single-area vessels are small relative to most multiple-
area vessels. This size differential means that multiple-area vessel 
operators have an advantage in fishing power (i.e., a larger vessel has 
more space for fish, fuel, and crew) and in fishing time (i.e., a 
larger vessel can fish in weather conditions that would prevent smaller 
vessels from fishing).
    The Atka Fishermen's Association (AFA), which submitted the Area 4B 
proposal and represents the interests of the single-area vessel 
operators, believes that the single-area vessel operators are 
competitively disadvantaged relative to multiple-area vessel operators. 
To eliminate this competitive disadvantage, AFA proposed reserving 20 
percent of the Area 4B catch limit for a series of 12-hour fishing 
periods to be fished prior to the general open fishing period for Area 
4B in August. AFA also proposed a 5,000 pound trip limit during the 
early season 12-hour openings. Any amount of the 20 percent reserve 
that is not harvested during the early season openings would be made 
available in the later season openings. In making its proposal, AFA 
assumed continuation of the existing clearance requirement for 
multiple-area vessel operators fishing in Area 4. Generally, this 
requirement at Sec. 301.14 provides for vessel clearance prior to 
fishing during any fishing period in any part of Area 4 and before 
unloading any halibut caught in this area. Single-area vessel operators 
fishing in Area 4B are not required to obtain clearance. The proposed 
combination of the 5,000-pound trip limit, the 12-hour fishing period, 
and the vessel clearance requirement was intended to provide a 
competitive advantage to single-area vessel operators by discouraging 
multiple-area vessel operators from participating during the early 
season fishing periods.
    The IPHC has some experience in using short fishing periods to 
control halibut harvests. Since 1989, the IPHC has managed the Area 4B 
fishery with early season 12-hour fishing periods and later season 
periods of 2 to 4 days duration. However, AFA did not believe that 
these measures provided the harvest allocation priority it needed to 
compete adequately with multiple-area vessels operated in Area 4B. For 
example, during the 3-year period 1991, 1992, and 1993, an average of 
11 single-area vessels were operated during the early season fishing 
periods (i.e., prior to the August and later fishing periods) along 
with an average of 26 multiple-area vessels. Fishermen operating 
single-area vessels harvested about 44,300 pounds per year on average 
during the early seasons of 1991-1993, while the comparable average 
harvest of fishermen operating multiple-area vessels was about 394,300 
pounds per year. This resulted in fishermen operating single-area 
vessels taking about 15.2 percent of the total early season harvest on 
average and fishermen operating multiple-area vessels taking about 84.8 
percent on average. However, the early season harvest taken by 
fishermen operating single-area vessels amounted to only 2.3 percent 
per year on average of the total catch for the entire season in Area 
4B.
    After reviewing these and other data presented in the draft EA/RIR/
IRFA and public testimony, the Council, at its meeting of January 11-
15, 1994, decided to recommend to the Secretary of Commerce that 15 
percent of the Area 4B catch limit be reserved for the early season 
fishery during which there would be a 10,000-pound trip limit. 
Reserving 15 percent was a compromise, an amount midway between the 
amount recommended by AFA, 20 percent, and the 10 percent reserved in 
Area 4B since 1989. The IPHC, at its meeting of January 25-28, 1994, 
established the 1994 halibut catch limit for Area 4B as 2,100,000 
pounds; 15 percent of this amount is 315,000 pounds. In the Area 4B 
early season proposal by IPHC, single-area vessels could fish one 24-
hour period on June 6-7, 1994, and during 31 12-hour periods occurring 
every other day between June 15 and August 14, 1994. If at any time a 
total of 315,000 pounds was harvested, the area would be closed to 
fishing until August 15, 1994. If a total of 315,000 pounds was not 
taken by August 15, the difference between 315,000 pounds and the 
amount taken would be added to the 1,785,000 allocated for the season 
beginning August 15, 1994.
    NMFS, upon reviewing the Council's recommendation, the EA/RIR/IRFA, 
and public testimony, has preliminarily determined that a rule 
implementing the Council's recommendation is necessary for conservation 
and management of the Pacific halibut fishery. Therefore, NMFS proposes 
this rule for public comment.

Classification

    The EA/RIR/IRFA prepared for this proposed rule supports the 
determination that this rule would have a significant economic impact 
on a substantial number of small entities. All 25 vessels that 
participated in the early season halibut fishery in Area 4B in 1993 are 
small entities. Of these 25 vessels, seven vessels (28 percent) had 
halibut landings over 10,000 pounds. One vessel landed 30,000 pounds, 
the other six vessels landed less than 30,000 pounds. It is estimated 
that, due to this rule's 10,000-pound trip limit, the vessels affected 
may experience a reduction in annual gross revenue of at least 5 
percent. As such, the percentage of small entities so affected, over 20 
percent of the total small entities affected by this rule, as well as 
the economic effect expected is sufficient to require an IRFA. Further 
analysis supporting this determination can be found in the EA/RIR/IRFA 
prepared for this proposed rule (see ADDRESSES).
    This proposed rule is not subject to review under Executive Order 
12866.

List of Subjects in 50 CFR Part 301

    Fisheries, Treaties.

    Dated: March 29, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 301 is 
proposed to be amended as follows:

PART 301--PACIFIC HALIBUT FISHERIES

    1. The authority citation for 50 CFR part 301 continues to read as 
follows:

    Authority: 5 UST 5; TIAS 2900; 16 U.S.C. 773-773k.

    2. Section 301.7 is amended by revising paragraph (f) to read as 
follows:


Sec. 301.7  Fishing periods.

* * * * *
    (f) Notwithstanding paragraph (a) of this section, Area 4B will be 
closed to halibut fishing when 315,000 pounds (143 metric tons) of the 
catch limit specified in Sec. 301.10(a) of this part has been taken, 
and will reopen as scheduled on August 15 for the remaining catch 
limit.
* * * * *
    3. Section 301.11 is amended by revising paragraph (g) to read as 
follows:


Sec. 301.11  Fishing period limits.

* * * * *
    (g) Notwithstanding paragraph (e) of this section, all vessels 
fishing in Area 4B shall be limited to a maximum catch of 10,000 pounds 
(4.5 mt) of halibut per fishing period from June 6 through August 14 
inclusive.
* * * * *
[FR Doc. 94-7934 Filed 3-30-94; 1:04 pm]
BILLING CODE 3510-22-P