[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Proposed Rules]
[Pages 29726-29728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14926]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 960603156-6156-01; I.D. 052896A]
RIN 0648-A158


Groundfish Fishery of the Bering Sea and Aleutian Islands; Delay 
of Pollock Season

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 to delay from August 15 to September 1 of each 
fishing year, the opening of the second (non-roe) directed fishing 
season for pollock in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to allow some pollock processor 
vessels and shoreside processing plants to more fully realize potential 
salmon processing opportunities, particularly for late-run pink salmon. 
This action is intended to further the objectives of the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Island Area (FMP).

DATES: Comments must be received by July 8, 1996.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802, Attn: Lori Gravel or delivered to the Federal Building, 709 West 
9th Street, Juneau, AK.
    Copies of the environmental assessment/regulatory impact review/
final regulatory flexibility analysis (EA/RIR/FRFA) prepared for the 
original 1993 ``B'' season delay or the supplemental EA/RIR prepared 
for this action may be obtained from the North Pacific Fishery 
Management Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99510-
2252; telephone: 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.

SUPPLEMENTARY INFORMATION:
    Fishing for groundfish by U.S. vessels in the exclusive economic 
zone of the BSAI is managed by NMFS according to 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

[[Page 29727]]

by regulations that appear at 50 CFR parts 675 and 676. General 
regulations that also govern U.S. fisheries appear at 50 CFR part 620.
    Under regulations at Sec. 675.20(a)(2)(ii), the initial total 
allowable catch (TAC) amounts specified for pollock in the Bering Sea 
and Aleutian Islands subareas, and the Bogoslof district are divided 
into two seasonal allowances. Subject to other regulatory provisions, 
the first seasonal allowance is available for directed fishing from 
January 1 until noon, A.l.t., April 15 (the ``roe'' or ``A'' season). 
The second seasonal allowance is available for directed fishing from 
noon A.l.t., August 15 through the end of the fishing year (the ``non-
roe'' or ``B'' season). NMFS annually apportions the initial pollock 
TACs between the roe and non-roe seasons after consultation with the 
Council during the annual groundfish TAC specification process set 
forth at Sec. 675.20(a).
    Prior to 1993 the opening of the non-roe season was June 1. 
However, at its December 1992 meeting, the Council requested an 
analysis to examine the alternatives for delaying the June 1 opening 
date of the pollock ``B'' season. The original EA/RIR/FRFA, dated 
February 2, 1993, contains a comprehensive examination of alternatives 
to delay the pollock ``B'' season from June 1 to either July 1, August 
1, or September 1. Based on the February 2, 1993, EA/RIR/FRFA, the 
Council recommended a delayed opening date of August 15 for the pollock 
``B'' season. This action was implemented by NMFS for the 1993 ``B'' 
season (58 FR 30997, May 28, 1993) and was intended to increase the 
value of the pollock harvested during the ``B'' season by delaying the 
directed fishery for pollock until pollock flesh quality and product 
recovery rates were improved. The original delay also was intended to 
provide participants in the pollock fishery increased opportunities to 
fish in other groundfish fisheries and to develop salmon processing 
capabilities during summer months.
    Recent high abundance of Alaska pink salmon as well as poor salmon 
market conditions, have caused renewed interest by the salmon industry 
and groundfish processors to explore opportunities for new salmon 
product types and markets. This interest has prompted the Council to 
reconsider the opening date of the pollock ``B'' season to provide 
pollock processors the opportunity to participate in the processing 
operations for late-run pink salmon.
    At its December 1995 meeting, the Council directed staff to prepare 
an additional analysis for delaying the opening date of the pollock 
``B'' season to September 1. An analysis was prepared to supplement the 
original EA/RIR/FRFA prepared in 1993. This supplemental analysis 
includes: (1) A summary of the original analysis from 1993 that 
resulted in the current opening date of August 15, and (2) 
supplementary information relevant to the current proposal to delay the 
opening an additional 2 weeks until September 1.
    After considering the original and supplemental analyses at its 
April 1996 meeting, the Council recommended the September 1 opening 
date for the pollock ``B'' season for both the inshore and the offshore 
components, with a fixed season ending date of November 1 of each year. 
Vessels participating in the Community Development Quota (CDQ) directed 
pollock fishery would be exempt from the season ending date 
restriction.
    The Council's action also included a measure that would prohibit 
vessels from participating in the directed pollock fishery during the 7 
days after the September 1 opening (i.e., from noon A.l.t. September 1 
until noon A.l.t. September 8) if the vessel participated in any 
groundfish fishery in either the BSAI or the Gulf of Alaska (GOA) 
during any portion of the 7-day period prior to the opening of the 
pollock ``B'' season (i.e., from noon A.l.t., August 25th until noon, 
September 1, A.l.t.). Vessels participating in the directed CDQ pollock 
fishery would be exempt from this measure.

``B'' Season Delay

    The impact of delaying the ``B'' season until September 1 was 
examined in detail in the EA/RIR/FRFA (February 2, 1993) prepared for 
the original season delay implemented in 1993. Additional information 
is presented in the March 22, 1996, supplemental analysis prepared for 
the current action (see ADDRESSES).
    The 1993 analysis indicates that the impacts of a ``B'' season 
delay would vary widely between different regions and species, as well 
as from year to year. That analysis also indicates that, if the B 
season is delayed until September 1, floating processors who 
participated in the pollock ``B'' season would generally tend to 
benefit from an additional economic opportunity to process salmon. 
Onshore processors could lose as a result of increased competition in 
the processing sector, which might lead to increased ex-vessel prices. 
Salmon fishermen could benefit, at least in the short term, from 
additional markets and increased competition, which might result in 
higher ex-vessel prices. The effect on local Alaskan communities can 
not be determined at the present time. It would depend on the net 
effects of the ``B'' season delay on fishermen and processors and the 
relative economic contribution of each to the communities.
    A delay of the ``B'' season until September 1 could have impacts on 
salmon bycatch. In previous years, the incidence of high chum salmon 
bycatch has been greater around the opening of the pollock ``B'' season 
compared to the incidence of chinook salmon bycatch that generally has 
occurred later in the pollock ``B'' season. Shifting the opening of the 
pollock ``B'' season to September 1 could decrease the likelihood of 
high chum salmon bycatch and increase the likelihood of chinook salmon 
bycatch. However, much of the bycatch occurrence is dependent on the 
spatial and temporal distribution of the bycatch species and can change 
from year to year. The impacts of shifting the pollock ``B'' season 2 
weeks later in the year are difficult to quantify.

November 1 ``B'' Season End Date

    Some concern exists about the potential effects of the continuation 
of the pollock fishery later in the year when the pollock resource is 
critical to the sea lion population. During the midwinter months of the 
year (November, December, and January), pollock is a particularly 
important element of the juvenile sea lion diet, as alternative prey 
species are less available during this period. Juvenile sea lions also 
are learning to forage on their own at this time and may be dependent 
on concentrations of prey species to forage successfully.
    To mitigate any potential adverse impacts on the sea lion 
population, the Council recommended a ``B'' season ending date of 
November 1, regardless of whether the directed pollock total allowable 
catch (TAC) is taken by that time. Current estimates indicate that the 
pollock fisheries for both the inshore and offshore sectors would 
likely be completed by early October.
    From a fisheries management perspective, placing a season ending 
date of November 1 on the pollock ``B'' season could limit NMFS ability 
to provide for a ``C'' season or ``clean-up'' fishery, which has in the 
past been designed to allow harvest of remaining pollock TAC.
    Typically, after the closure of the ``B'' season, the in-season 
catch data from the pollock fishery are analyzed to determine if any 
pollock TAC remains available for a directed fishery. Should sufficient 
amounts remain, then NMFS can announce a ``C'' season opening.

[[Page 29728]]

However, under the circumstances of a delayed opening, which could 
extend the ``B'' season into early October, reassessing the status of 
the pollock TAC and announcing and possibly prosecuting a ``C'' season 
fishery before the November 1 deadline may be difficult.

Seven-day ``No-trawl'' Measure

    Data from the yellowfin sole fishery indicate that the amount of 
halibut bycatch is much greater during the 2 weeks prior to the August 
15 opening of the pollock ``B'' season than the amount of halibut 
bycatch in subsequent weeks. This high halibut bycatch appears to be 
due to a few vessels that experienced higher halibut bycatch than other 
vessels fishing in the yellowfin sole fishery prior to the opening of 
the ``B'' season. Crowding effects of the pollock vessels in the 
yellowfin sole fishery may cause some vessels to fish in areas where 
more halibut occur. High halibut bycatch in the yellowfin sole fishery 
can cause a premature closure of the yellowfin sole fishery due to the 
halibut prohibited species catch allowance being reached before the 
yellowfin sole TAC is reached.
    The high halibut bycatch and the Council's concerns about 
preemption in the yellowfin sole fishery prompted the Council to 
recommend a ``no-trawl'' fishing prohibition for vessels participating 
in the pollock ``B'' season to reduce the likelihood that the pollock 
vessels would participate in the yellowfin sole fisheries or 
redistribute fishing effort to other trawl fisheries prior to the 
opening of the pollock ``B'' season. Any vessel that fishes for 
groundfish with trawl gear in the BSAI or GOA, during any portion of 
the 7 days prior to the September 1 opening date of the pollock ``B'' 
season would be prohibited from directed fishing for pollock in the 7 
days after September 1. Vessels participating in the CDQ directed 
pollock fishery would be exempt from this prohibition.

Classification

    The Council prepared an EA/RIR/FRFA in 1993, and a supplemental 
analysis was prepared in 1996. The 1993 analysis, as supplemented, was 
reviewed, and the economic analysis was found to be still valid. These 
documents combine to comprise an initial regulatory flexibility 
analysis for this action. The analysis indicates that the impacts could 
vary across regions and from year to year. However, in general, as 
stated above, floating processors who participate in the pollock B 
season would tend to benefit from an additional economic opportunity to 
process salmon. Onshore processors could lose revenues as a result of 
increased competition among pollock processors. Finally, the effect on 
local Alaskan communities can not be reliably determined at present and 
would depend on the net impact of the delay. A copy of the 1993 EA/RIR/
FRFA and the 1996 supplement are available from the Council (see 
ADDRESSES).
    An informal section 7 consultation under the Endangered Species Act 
was initiated for the proposed rule to determine any adverse effects of 
the BSAI ``B'' season delay on Steller sea lions. The consultation 
determined that the proposed delay in the fishery and the November 1 
ending date of the ``B'' season would not likely result in any adverse 
effects on Steller sea lions or critical habitat.
    This proposed 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: June 7, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 675 is 
proposed to be 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. 675.20, paragraph (a)(2)(ii) is revised to read as 
follows:


Sec. 675.20  General limitations.

    (a) * * *
    (2) * * *
    (ii) The TAC of pollock in each subarea or district will be 
divided, after subtraction of reserves, into two allowances. The first 
allowance will be available for directed fishing from January 1 until 
noon, Alaska local time (A.l.t.), April 15. The second allowance will 
be available for directed fishing from noon, A.l.t., September 1 until 
noon A.l.t., November 1, of each fishing year. Within any fishing year, 
unharvested amounts of the first allowance will be added to the second 
allowance, and harvests in excess of the first allowance will be 
deducted from the second allowance.
* * * * *
    3. 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 paragraphs (e)(2) and (e)(3) of 
this section, directed fishing for pollock is authorized from 00:01 
a.m., A.l.t., January 1, until noon, A.l.t, April 15, and from noon 
A.l.t., September 1 until noon A.l.t, November 1, of each fishing year.
    (2) Applicable through December 31, 1998. (i) Subject to other 
provisions of this part and except as provided in paragraphs (e)(2)(ii) 
and (e)(2)(iii) of this section, directed fishing for pollock by the 
offshore component, defined at Sec. 672.2 of this chapter, 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. Directed 
fishing for pollock under the Western Alaska Community Development 
Quota program pursuant to Sec. 675.27 of this part is authorized from 
January 1, through the end of the fishing year.
    (ii) Directed fishing for pollock by the offshore component, as 
defined at Sec. 672.2 of this chapter, 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.
    (iii) Neither paragraphs (e)(2)(ii) nor (e)(3) of this section 
apply to vessels used to fish exclusively in a directed fishery for 
pollock prior to noon, A.l.t., January 26, or during the period that 
extends from noon, A.l.t., August 25, through noon A.l.t., September 1, 
under the Western Alaska Community Development Quota program pursuant 
to Sec. 675.27.
    (3) Directed fishing for pollock is prohibited during the second 
pollock season defined at paragraph (e)(1) of this section until noon, 
A.l.t., September 8, for any vessel that is used to fish with trawl 
gear for groundfish in the Bering Sea and Aleutian Islands management 
area or the Gulf of Alaska as defined at Sec. 672.2 of this chapter, 
between noon A.l.t., August 25, and noon A.l.t., September 1.
[FR Doc. 96-14926 Filed 6-7-96; 1:29 pm]
BILLING CODE 3510-22-F