[Federal Register Volume 61, Number 49 (Tuesday, March 12, 1996)]
[Proposed Rules]
[Pages 9972-9975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5744]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 672

[Docket No. 960228053-6053-01; I.D. 022296E]
RIN 0648-AI56


Groundfish of the Gulf of Alaska; Pollock Seasonal Allowances

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 that would implement Amendment 45 to 
the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). 
This amendment proposes to allow NMFS to combine by regulatory 
amendment the third and fourth quarterly allowances for pollock in the 
Western and Central (W/C) Regulatory Areas into single seasonal 
allowances that would become available October 1 of each fishing year 
in the Western Regulatory Area and September 1 of each fishing year in 
the Central Regulatory Area. Changes to the final 1996 harvest 
specifications of GOA pollock are also proposed to reflect the proposed 
revised seasonal allowances. These measures are necessary to address 
management problems that have been identified by the fishing industry. 
They are intended to further the management objectives of the FMP.

DATES: Comments must be received by April 22, 1996.

ADDRESSES: Comments should be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, National Marine Fisheries Service, 
P.O. Box 21668, Juneau, AK 99802-1668; Attn: Lori Gravel. Copies of 
Amendment 45 and the Environmental Assessment/Regulatory Impact Review 
(RIR) prepared for this Amendment 45 may be obtained from the North 
Pacific Fishery Management Council above address.

FOR FURTHER INFORMATION CONTACT: Kent Lind (907) 586-7228.

SUPPLEMENTARY INFORMATION:
    The pollock fishery in the exclusive economic zone of the GOA is 
managed by NMFS under the FMP. The FMP was prepared by the North 
Pacific Fishery Management Council (Council) under the Magnuson Fishery 
Conservation and Management Act (Magnuson Act) and is implemented by 
regulations found at 50 CFR 672. General regulations governing U.S. 
fisheries are also found at 50 CFR 620.

Background

    This action proposes regulations to implement Amendment 45 to the 
FMP. If approved by NMFS, this amendment would remove the requirement 
that the total allowable catch (TAC) specified for pollock in the W/C 
Regulatory Areas be divided into four equal quarterly allowances and 
replace it with more flexible language that would require that the TACs 
specified for pollock in the W/C Regulatory Areas be divided into 
seasonal, rather than quarterly, allowances. The size, number, and 
timing of seasonal allowances would be established in regulation. The 
Council's objective in adopting Amendment 45 was to allow NMFS to 
combine by regulatory amendment the third and fourth quarterly 
allowances for pollock in the W/C Regulatory Areas into single seasonal 
allowances that would become available October 1 of each fishing year 
in the Western Regulatory Area and September 1 of each fishing year in 
the Central Regulatory Area.
    Since 1990, the TACs specified for pollock in the W/C Regulatory 
Areas have been divided into four equal quarterly allowances, which 
become available January 1, June 1, July 1, and October 1. The 
quarterly allowance system was implemented as part of Amendment 19 to 
the FMP to limit excessive harvests of roe-bearing pollock. At the 
time, the Council also believed that a quarterly allowance system would 
provide a more stable year-round pollock fishery for GOA-based vessels 
and processors.
    In November 1990, NMFS listed the Steller sea lion as threatened 
under the Endangered Species Act (ESA) and subsequently approved 
Amendment 25

[[Page 9973]]
to the FMP, which contained a variety of Steller sea lion protection 
measures. Amendment 25 further subdivided the annual TAC specified for 
pollock in the W/C Regulatory Area into three management districts 
(Statistical Areas 610, 620, and 630). This action was implemented to 
avoid a concentration of fishing effort in time and/or space that could 
cause localized depletions of Steller sea lion prey and exacerbate the 
decline of Steller sea lions. The effect of Amendment 25 was to divide 
the TACs specified for pollock in the W/C Regulatory Areas into 12 
individual allowances (four quarterly openings in each of the three 
management districts)
    Regulations implementing the quarterly allowance system established 
by Amendments 19 and 25 are found at 50 CFR 672.20(a)(2)(iv). These 
regulations also specify that within any fishing year, shortfalls in 
one quarterly allowance be proportionately added to subsequent 
quarterly allowances resulting in a sum for each quarterly allowance 
not to exceed 150 percent of the original quarterly allowance; and that 
within any fishing year, harvests in excess of a quarterly allowance be 
deducted proportionately from subsequent quarterly allowances.

Problems With the Quarterly Allowance System

    In August 1995, representatives of the GOA pollock industry 
submitted a proposal to the Council that would combine the third and 
fourth quarterly allowances of pollock TAC into a single seasonal 
allowance. Under this industry proposal, the first and second quarterly 
allowances would remain unchanged; 25 percent of the TAC on January 1 
and 25 percent of the TAC on June 1. However, the third and fourth 
quarterly allowances would be combined into a single seasonal allowance 
of 50 percent of the TAC released on September 1, rather than the 
current quarterly releases of 25 percent on July 1 and October 1.
    In response to this proposal, representatives of the inshore sector 
of the Bering Sea pollock fishery requested that the opening date for 
the combined third and fourth quarter allowance be delayed until 
October 1 so that Bering Sea-based vessels would have time to finish 
the Bering Sea non-roe pollock fishery before the start of the final 
pollock season in the W/C Regulatory Areas. In 1995, the Bering Sea 
non-roe pollock season closed on September 23.
    Industry and NMFS are in agreement that several problems exist with 
the current quarterly allowance system for pollock in the W/C 
Regulatory Area. The first problem is with chum salmon bycatch. Since 
1991, chum salmon bycatch has been approximately 500 percent higher 
during the third quarter pollock opening than any other quarter. In 
1993, an estimated 59,000 chum salmon were taken during the third 
quarter, and in 1995 an estimated 46,000 chum salmon were taken during 
the third quarter pollock fishery. Delaying release of the third 
quarter allowance until at least September, after chum salmon spawning 
periods have passed, is expected to reduce chum salmon bycatch rates in 
the pollock fishery.
    A second problem identified by industry is that the current third 
quarter pollock fishery conflicts with summer salmon processing 
activities. During July, many GOA processors operate at near or full 
capacity processing salmon. Delaying the July pollock opening until at 
least September would allow processors to avoid scheduling conflicts 
with salmon processing, maintain more stable production levels and, 
maintain a more stable workforce. Processors currently report 
difficulties in maintaining a workforce during September when fewer 
fish are typically available, yet they need crews on hand in order to 
be ready in October when bottom trawling reopens for groundfish. A 
pollock opening in September or October would allow processors to more 
easily span the gap between summer salmon fisheries and October bottom 
trawl fisheries.
    A third concern raised by both management agencies and industry is 
that declining pollock stocks and escalating fishing effort have made 
the GOA pollock fishery increasingly difficult to manage, especially 
during the fourth quarter. The 1995 fourth quarter pollock season is a 
case in point. Based on anticipated fishing effort, 1995 fourth quarter 
pollock openings were set at 12 hours in Statistical Area 610, 24 hours 
in Statistical Area 620, and 3 days in Statistical Area 630. 
Nevertheless, substantial overharvest occurred in Statistical Area 630 
due to greater than anticipated fishing effort from vessels crossing 
over from the Bering Sea and western GOA. This management problem is 
most acute during the fourth quarter for two reasons. First, TAC 
allowances are frequently reduced in the fourth quarter to adjust for 
overharvest of TACs during the other three quarters. Second, effort is 
usually highest in the fourth quarter since vessels based in the Bering 
Sea enter the W/C Regulatory Area for the fourth quarter pollock 
fishery after the September closure of the non-roe season pollock 
fishery in the Bering Sea.
    Finally, some participants in the GOA pollock fishery have 
requested the Council maintain concurrent GOA and Bering Sea pollock 
seasons to discourage the Bering Sea-based fleet from participating in 
GOA pollock openings. In 1995, the inshore component pollock non-roe 
season in the Bering Sea opened on August 15 and closed on September 
23, 1 week before the fourth quarter opening in the W/C Regulatory 
Areas. As a result, operators of inshore vessels based in the Bering 
Sea had both opportunity and incentive to crossover to the W/C 
Regulatory Area to participate in the fourth quarter (October 1) 
opening since they were idled with their crews available. This 
additional fishing effort exacerbated efforts to manage small pollock 
TACs in the W/C Regulatory Areas and led to substantial overharvest in 
Statistical Area 630.
    At its January 1996 meeting, the Council considered three opening 
date options for a combined third and fourth quarter allowance; 
September 1, September 15, and October 1. At this meeting, a coalition 
of Bering Sea and central Gulf-based processors and vessels submitted a 
compromise proposal to the Council that would establish an October 1 
opening date for the Western Gulf Regulatory Area and a September 1 
opening date for the Central Gulf Regulatory Area. Western Gulf-based 
processors and fishermen expressed dissatisfaction with the compromise 
proposal because an October 1 opening date in the Western Regulatory 
Area would facilitate entry by Bering Sea-based vessels.
    However, the Council subsequently recommended that NMFS implement 
this compromise proposal as the preferred option. The Council believed 
that an October 1 opening date for the Western Regulatory Area and a 
September 1 opening date for the Central Regulatory Area would achieve 
the objectives outlined above while causing the least amount of 
dislocation for current participants in the fishery.

Regulatory Changes Proposed By This Action

    This action would combine the third and fourth quarterly allowances 
in the W/C Regulatory Areas into single seasonal allowances equal to 50 
percent of the specified TACs. These combined allowances would open 
October 1 in the Western Regulatory Area and September 1 in the Central 
Regulatory Area. This action would retain the requirement that, within 
any fishing year, shortfalls in the harvest of one seasonal allowance 
be proportionately added to subsequent seasonal allowances resulting in 
a sum

[[Page 9974]]
for each seasonal allowance not to exceed 150 percent of the original 
seasonal allowance; and the requirement that, within any fishing year, 
harvests in excess of a seasonal allowance be deducted proportionately 
from subsequent seasonal allowances of the same fishing year.

Proposed Changes to 1996 Harvest Specifications

    Final 1996 harvest specifications for GOA pollock were published in 
the Federal Register on February 5, 1996 (61 FR 4304). The proposed 
change from quarterly allowances to three seasonal allowances of 
pollock TAC amounts specified for the W/C Regulatory Areas would 
require that the final 1996 specifications be amended. First, footnote 
2 to Table 1 would be revised to read as follows:

    ``Pollock is apportioned to three statistical areas in the 
combined Western/Central Regulatory Area, each of which is further 
divided into three seasonal allowances (Table 3). In the Eastern 
Regulatory Area, pollock is not divided into seasonal allowances.''

    Second, page 4308 of the final 1996 specifications, section 4, 
``Apportionments of Pollock TAC Among Regulatory Areas, Season, and 
Between Inshore and Offshore Components,'' and Table 3 would be amended 
to reflect the proposed seasonal allowances of pollock:

4. Apportionments of Pollock TAC Among Regulatory Areas, Seasons, 
and Between Inshore and Offshore Components

    In the GOA, pollock is apportioned by area, season, and inshore/
offshore components. Regulations at Sec. 672.20(a)(2)(iv) require 
that the TAC for pollock in the combined W/C GOA be apportioned 
among statistical areas; Shumagin (61), Chirikof (62), and Kodiak 
(63) in proportion to known distributions of the pollock biomass. 
This measure was intended to provide spatial distribution of the 
pollock harvest as a sea lion protection measure. Each statistical 
area apportionment would be further divided into three seasonal 
allowances (Table 3). In the Eastern Regulatory Area, pollock is not 
divided into seasonal allowances.
    Within any fishing year, any unharvested amount of any seasonal 
allowance of pollock TAC would be added in equal proportions to the 
subsequent seasonal allowances, resulting in a sum for each seasonal 
allowance that does not exceed 150 percent of the original seasonal 
allowance. Similarly, harvests in excess of a seasonal allowance of 
TAC would be deducted in equal proportions from the remaining 
seasonal allowances of that fishing year. Directed fishing for 
pollock in the Western Regulatory Area (Statistical Area 610) would 
be authorized in seasonal allowances beginning on January 1, June 1, 
and October 1. Directed fishing for pollock in the Central 
Regulatory Area (Statistical Areas 620 and 630) would be authorized 
in seasonal allowances beginning on January 1, June 1, and September 
1. The Eastern Regulatory Area pollock TAC of 2,810 metric tons (mt) 
is not allocated among smaller areas or seasonal allowances.
    Regulations at Sec. 672.20(a)(2)(v)(A) require that the domestic 
annual processing (DAP) apportionment for pollock in all regulatory 
areas and all seasonal allowances thereof be divided into inshore 
and offshore components. One hundred percent of the pollock DAP in 
each regulatory area is apportioned to the inshore component after 
subtraction of amounts that are determined by the Director, Alaska 
Region, NMFS (Regional Director) to be necessary to support the 
bycatch needs of the offshore component in directed fisheries for 
other groundfish species. The amount of pollock available for 
harvest by vessels in the offshore component is that amount actually 
taken as bycatch during directed fishing for groundfish species 
other than pollock, up to the maximum retainable bycatch amounts 
allowed under regulations at Sec. 672.20(g).

    Third, Table 3 of the final 1996 specifications would be amended as 
follows to reflect the proposed seasonal allowances of pollock:

 Table 3.--Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/C GOA). 
  [ABC for the W/C GOA is 52,000 mt. Biomass distribution is based on 1993 survey data. TACs are equal to ABC.  
   Inshore and offshore allocations of pollock are not shown. ABCs and TACs are rounded to the nearest 10 mt.]  
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                                                                                     Seasonal allowances \1\    
                     Statistical area                       Biomass    1996 TAC --------------------------------
                                                            percent                First      Second     Third  
----------------------------------------------------------------------------------------------------------------
Shumagin (61)............................................       49.0     25,480      6,370      6,370     12,740
Chirikof (62)............................................       24.7     12,840      3,210      3,210      6,420
Kodiak (63)..............................................       26.3     13,680      3,420      3,420      6,840
    Total................................................      100.0     52,000     13,000     13,000    26,000 
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\1\ As established under paragraphs (e) and (f) Sec.  672.23, the first and second seasonal allowances of W/C   
  pollock TAC amounts are available January 1 and June 1, respectively. The third seasonal allowance specified  
  for statistical area 61 would become available October 1 and the third seasonal allowance specified for       
  statistical areas 62 and 63 would become available September 1.                                               

Classification

    Section 304(a)(1)(D) of the Magnuson Act requires that regulations 
proposed by a Council be published within 15 days of receipt of the FMP 
amendment and regulations. At this time NMFS has not determined that 
Amendment 45 to the FMP that this rule would implement is consistent 
with the national standards, other provisions of the Magnuson Act, and 
other applicable laws. NMFS, in making that determination, will take 
into account the data, views, and comments received during the comment 
period.
    This proposed rule has been determined to be not significant for 
the purposes of E.O 12866.
    An RIR was prepared for this proposed rule that describes the 
management background, the purpose and need for action, the management 
action alternatives, and the social impacts of the alternatives. The 
RIR also estimates the total number of small entities affected by this 
action and analyzes the economic impact on those small entities. Copies 
of the RIR can be obtained from the Council (see ADDRESSES).
    The analysis in the RIR shows that the economic effects of this 
proposed rule to the regulated community would be positive and 
relatively minor. Accordingly, the Assistant General Counsel for 
Legislation and Regulation of the Department of Commerce certified to 
the Chief Counsel for Advocacy of the Small Business Administration 
that this proposed rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. As a result, 
a regulatory flexibility analysis was not prepared.
    The section 7 consultations for the 1996 GOA and BSAI TAC 
specifications have evaluated the potential for adverse effects to ESA 
listed species including Steller sea lions, Snake River salmon, and 
seabirds. An additional informal consultation to specifically evaluate 
the effects of Amendment 45 on Steller sea lions was concluded on 
February 16, 1996. As a result of these consultations, the Director, 
Alaska Region, NMFS

[[Page 9975]]
determined fishing activities under this rule are unlikely to adversely 
affect endangered or threatened species.

List of Subjects in 50 CFR Part 672

    Fisheries, Reporting and recordkeeping requirements.

    Dated: March 5, 1996.
Richard H. Schaefer,
Acting Program Manager Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 672 is 
proposed to be 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.

General Amendments

    2. In Sec. 672.20, paragraph (a)(2)(iv); the first sentence of 
paragraph (a)(2)(v)(A); and paragraph (c)(2) are revised to read as 
follows:


Sec. 672.20  General limitations.

    (a) * * *
    (2) * * *
    (iv) The TAC for pollock in the combined Western and Central 
Regulatory Areas will be apportioned among Statistical Areas 610, 620, 
and 630 in proportion to the distribution of the pollock biomass as 
determined by the most recent NMFS surveys. Each apportionment will be 
divided into three seasonal allowances of 25 percent, 25 percent and 50 
percent of the apportionment, respectively, corresponding to the three 
fishing seasons defined at paragraphs (c) and (f) of Sec. 672.23. 
Within any fishing year, any unharvested amount of any seasonal 
allowance will be added proportionately to all subsequent seasonal 
allowances, resulting in a sum for each allowance not to exceed 150 
percent of the initial seasonal allowance. Within any fishing year, 
harvests in excess of a seasonal allowance will be deducted 
proportionately from all subsequent seasonal allowances.
    (v) * * * (A) The DAP apportionment of pollock in all regulatory 
areas will be allocated entirely to vessels catching pollock for 
processing by the inshore component after subtraction of an amount that 
is projected by the Regional Director to be caught by, or delivered to, 
the offshore component incidental to directed fishing for other 
groundfish species. * * *
* * * * *
    (c) * * *
    (2)--(i) Applicable after December 31, 1998. If the Regional 
Director determines that the amount of a target species or ``other 
species'' category apportioned to a fishery is likely to be reached, 
the Regional Director may establish a directed fishing allowance for 
that species or species group. The amount of a species or species group 
apportioned to a fishery is the amount identified in the notice of 
specifications as provided in paragraph (c)(1) of this section as these 
amounts are revised by inseason adjustments, for that species or 
species group, as identified by regulatory area or district and as 
further identified according to any allocation of total allowable level 
of fishing level (TALFF), the apportionment for joint venture 
processing (JVP), the apportionment for DAP, the seasonal allowance of 
pollock and, if applicable, as further identified by gear type. In 
establishing a directed fishing allowance, the Regional Director shall 
consider the amount of that species or species group or seasonal 
allowance of pollock that will be taken as incidental catch in directed 
fishing for other species in the same regulatory area or district. If 
the Regional Director establishes a directed fishing allowance and that 
allowance is or will be reached before the end of the fishing year or, 
with respect to pollock, before the end of the season, NMFS will 
prohibit directed fishing for that species or species group in the 
specified regulatory area or district. If directed fishing for a 
species or species group is prohibited, any amount of that species or 
species group greater than the maximum retainable bycatch amount, as 
calculated under paragraph (g) of this section, may not be retained and 
must be treated as a prohibited species under paragraph (e) of this 
section.
    (ii) Applicable through December 31, 1998. If the Regional Director 
determines that the amount of a target species or ``other species'' 
category apportioned to a fishery is likely to be reached, the Regional 
Director may establish a directed fishing allowance for that species or 
species group. The amount of a species or species group apportioned to 
a fishery is the amount identified in the notice of specifications as 
provided in paragraph (c)(1) of this section. These amounts are revised 
by inseason adjustments, for a given species or species group, as 
identified by regulatory area or district, and as further identified 
according to any allocation of TALFF, the apportionment for JVP, the 
apportionment for DAP, the seasonal allowance of pollock or, with 
respect to Pacific cod, to an allocation to the inshore or offshore 
component and, if applicable, as further identified by gear type. In 
establishing a directed fishing allowance, the Regional Director should 
consider the amount of that species group, seasonal allowance of 
pollock, or allocation of Pacific cod to the inshore or offshore 
component that will be taken as incidental catch in directed fishing 
for other species in the same regulatory area or district. If the 
Regional Director establishes a directed fishing allowance and that 
allowance is or will be reached before the end of the fishing year or, 
with respect to pollock, before the end of the season, NMFS will 
prohibit directed fishing for the species or species group in the 
specified regulatory area or district. If directed fishing for a 
species or species group is prohibited, any amount of that species or 
species group greater than the maximum retainable bycatch amount, as 
calculated under paragraph (g) of this section, may not be retained and 
must be treated as a prohibited species under paragraph (e) of this 
section.
* * * * *
    3. In Sec. 672.23, paragraph (e) is revised and paragraph (f) is 
added to read as follows:


Sec. 672.23  Seasons.

* * * * *
    (e) Subject to other provisions of this part, directed fishing for 
pollock in the Western Regulatory Area of the Gulf of Alaska is 
authorized in three seasons: (1) From 0:01 a.m., A.l.t., January 1 
through 12 noon, A.l.t., April 1; (2) from 12 noon, A.l.t., June 1 
through 12 noon, A.l.t., July 1; and (3) from 12 noon, A.l.t., October 
1 through 12 midnight A.l.t., December 31.
    (f) Subject to other provisions of this part, directed fishing for 
pollock in the Central Regulatory Area of the Gulf of Alaska is 
authorized in three seasons: (1) From 0:01 a.m., A.l.t., January 1 
through 12 noon, A.l.t., April 1; (2) from 12 noon, A.l.t., June 1 
through 12 noon, A.l.t., July 1; and (3) from 12 noon, A.l.t., 
September 1 through 12 midnight A.l.t., December 31.

Nomenclature Amendments


Sec. 672.20  [Amended]

    4. In addition to the amendments set out above, in Sec. 672.20, in 
paragraph (c)(1), remove all occurrences of the word ``quarterly'' and 
add in their place the word ``seasonal''.

[FR Doc. 96-5744 Filed 3-7-96; 11:37 am]
BILLING CODE 3510-22-W