[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30978]


[[Page Unknown]]

[Federal Register: December 16, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 940958-4329; I.D. 081894A]
RIN 0648-AH29

 

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.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations to delay the opening of the first 
(roe) directed fishing season for the 1995 offshore component pollock 
fishery in the Bering Sea and Aleutian Islands management area (BSAI) 
by delaying the opening of the trawl fishery, the only gear type used 
in the fishery, from January 20 to January 26. This action is necessary 
to increase the likelihood of harvesting pollock when roe quality is 
optimum and thus increase revenues from the BSAI pollock processed by 
the offshore component during the roe season. The regulations also 
prohibit vessels used to fish for BSAI or Gulf of Alaska (GOA) 
groundfish or BSAI king or Tanner crab prior to January 26 from 
participating in the offshore component pollock fishery until February 
5. This 10-day prohibition on entry into the offshore component fishery 
does not apply to vessels used to fish exclusively in the Western 
Alaska Community Development Quota (CDQ) program prior to January 26 
and is necessary to discourage participants in the offshore component 
pollock fishery from contributing to increased fishing effort in other 
fisheries prior to the start of the offshore component roe season. 
These actions are intended to promote the fishery management objectives 
of the Fishery Management Plan (FMP) for the Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area.

EFFECTIVE DATE: January 12, 1995.

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: Susan J. Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by vessels in the exclusive economic zone of 
the BSAI is managed by NMFS according to the FMP for the Groundfish 
Fishery of the Bering Sea and Aleutian Islands Area. The FMP was 
prepared by the North Pacific Fishery Management Council (Council) 
under the Magnuson Fishery Conservation and Management Act and is 
implemented by regulations governing the U.S. groundfish fisheries at 
50 CFR parts 620, 675, 676, and 677.
    Regulations at 50 CFR 675.23(e) establish two fishing seasons for 
BSAI pollock. The first (roe) directed fishing season extends from 
January 1 until April 15. The second (nonroe) season extends from 
August 15 through the end of the fishing year. Since 1992, regulations 
at Sec. 673.23(d) have prohibited fishing for groundfish with trawl 
gear until January 20 of each fishing year (57 FR 381, January 6, 
1992). Nontrawl fisheries for pollock do not exist.
    This action delays the opening date of the 1995 offshore component 
directed pollock roe trawl fishery in the BSAI from January 20 to 
January 26 to increase the likelihood of harvesting pollock when roe 
quality is optimum. The large harvesting capacity in the offshore 
component has resulted in a fast-paced fishery of decreasing duration 
(in 1994 the directed trawl fishery was opened for a 29-day period from 
January 20 until February 18) that, in the past, has closed before the 
period of prime roe quality, which peaks between the 10th and 20th of 
February. This delay of the offshore component pollock roe fishery (all 
gear) will increase the likelihood that the offshore component season 
will encompass the time period of prime roe quality.
    This action also prohibits vessels used to fish for BSAI or GOA 
groundfish or BSAI king or Tanner crab prior to January 26 from 
participating in the offshore component pollock fishery until February 
5. This 10-day prohibition on entry into the offshore component fishery 
does not apply to vessels used to fish exclusively in the BSAI pollock 
CDQ program prior to January 26. This prohibition is intended to 
discourage a shift in fishing effort into other fisheries by pollock 
vessels prior to January 26.
    A proposed rule to implement this action was published in the 
Federal Register September 26, 1994 (59 FR 49051). Comment on the 
proposed rule was invited through October 26, 1994. Two letters were 
received in support of the proposed action and one letter was received 
in opposition. The three letters are summarized in the Response to 
Comments section, below.
    NMFS has determined that a delay of the offshore component pollock 
roe season is consistent with the Magnuson Act and has approved it. The 
necessity for and description of this action are explained further in 
the preamble to the proposed rule. This season delay is effective only 
through December 31, 1995, when regulations authorizing the allocation 
of pollock between the inshore and offshore component expire.

Response to Comments

    Three letters were received within the comment period. A summary of 
the comments and NMFS' response follows:
    Comment 1. The proposed delay of the roe season for the offshore 
component pollock fishery will have a positive economic effect by 
increasing the chance that pollock will be harvested when roe quality 
and yield are best and the price is highest.
    Response. NMFS agrees that a delay of the offshore component 
pollock roe season should have positive economic benefits and has 
approved the action.
    Comment 2. The proposed 10-day delay of the opening date to 
February 5 for nonCDQ vessels that are used to participate in other 
fisheries before January 26 sufficiently addresses concerns about the 
potential for increased fishing effort in other fisheries prior to this 
date.
    Response. The proposed rule requires vessel owners/operators to 
choose between participating in the offshore component pollock fishery 
during the period January 26 through February 5 or participating in 
other fisheries between January 20, the start of the BSAI trawl season, 
and January 26. Those vessels used to fish for BSAI or GOA groundfish 
or BSAI crab prior to January 26 are prohibited from entering the 
offshore pollock roe season until February 5. This prohibition does not 
apply to vessels used to participate exclusively in the BSAI pollock 
CDQ program prior to January 26. NMFS agrees that this prohibition 
addresses the intent of the Council to significantly reduce the 
incentive to participants in the offshore pollock fishery to enter 
other fisheries prior to January 26. This prohibition, therefore, was 
approved as part of the rule implementing the proposed delay of the 
offshore pollock roe fishery.
    Comment 3. The proposed action precludes pollock catcher vessels 
from participating in other fisheries prior to January 26 simply 
because they choose to participate in the offshore component pollock 
roe fishery. As a result, the proposed action takes away fishing 
opportunity that currently exists and should not be implemented at this 
time.
    Response. NMFS acknowledges that limitations on the participation 
in other fisheries prior to the opening of the offshore pollock fishery 
could reduce potential revenues of vessels used to target on more than 
one species during the pollock roe season. This rule prohibits vessels 
from participating in other fisheries prior to January 26 if the 
vessels' owners/operators wish to participate in the offshore component 
pollock fishery prior to February 5. Nonetheless, NMFS has approved 
this limitation after considering the intent of the Council to minimize 
the preemptive impact on other fisheries that could have otherwise 
resulted from the delay of the offshore pollock roe fishery.

Changes From the Proposed Rule

    This final rule has been corrected to redesignate paragraphs to 
correspond to Federal Register format. The final rule also is revised 
from the proposed rule to clarify the intent that vessels used to 
participate in the CDQ pollock fishery before January 26 are not 
subject to the 10-day prohibition on entry into the offshore component 
pollock fishery for vessels used to fish for BSAI or GOA groundfish or 
BSAI king or Tanner crab prior to January 26.

Classification

    NMFS prepared a FRFA as a part of the RIR. A copy of this analysis 
is available from NMFS (See ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 675

    Fisheries, Reporting and recordkeeping requirements.

    Dated: December 12, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, part 675 is amended as 
follows:

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

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

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

    2. In Sec. 675.23, paragraph (e) is revised to read as follows:


Sec. 675.23  Seasons.

* * * * *
    (e) Directed fishing for pollock. (1) Subject to other provisions 
of this part, and except as provided in paragraph (e)(2) of this 
section, directed fishing for pollock is authorized from January 1, 
until noon, A.l.t., April 15, and from noon, A.l.t., August 15, through 
the end of the fishing year.
    (2) Applicable through December 31, 1995. (i) Subject to other 
provisions of this part and except as provided in paragraph (e)(2)(ii) 
of this section, directed fishing for pollock by the offshore 
component, defined at Sec. 675.2, or by vessels delivering pollock to 
the offshore component, is authorized from noon, A.l.t., January 26, 
until noon, A.l.t., April 15 and from noon, A.l.t., August 15, through 
the end of the fishing year. Directed fishing for pollock under the 
Western Alaska Community Development Quota program pursuant to 
Sec. 675.27 is authorized from January 1, through the end of the 
fishing year.
    (ii) Directed fishing for pollock by the offshore component or 
vessels delivering pollock to the offshore component is prohibited 
until noon, A.l.t., February 5, for those vessels that are used to fish 
prior to noon, A.l.t., January 26, for groundfish in the Bering Sea and 
Aleutian Islands management area, groundfish in the Gulf of Alaska, as 
defined at Sec. 672.2 of this chapter, or king or Tanner crab in the 
Bering Sea and Aleutian Islands area, as defined at Sec. 671.2 of this 
chapter. This paragraph (e)(2)(ii) does not apply to vessels used to 
fish exclusively in a directed fishery for pollock prior to noon, 
A.l.t., January 26, under the Western Alaska Community Development 
Quota program pursuant to Sec. 675.27.

[FR Doc. 94-30978 Filed 12-13-94; 4:57 pm]
BILLING CODE 3510-22-W