[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Rules and Regulations]
[Pages 39601-39602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19334]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

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


Fisheries of the Exclusive Economic Zone Off Alaska; Delay of the 
Pollock Season

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

ACTION: Final rule.

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SUMMARY: NMFS is delaying 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). 
NMFS is also prohibiting vessels from participating in the directed 
pollock fishery for 7 days after the September 1 opening if the vessel 
participated in any of the directed groundfish fisheries in the Gulf of 
Alaska (GOA) or in the BSAI during any portion of the 7-day period 
prior to the September 1 opening. 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).

EFFECTIVE DATE: August 15, 1996.

ADDRESSES: Copies of the environmental assessment/regulatory impact 
review/final regulatory flexibility analysis (EA/RIR/FRFA) prepared for 
the original 1993 non-roe 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 by regulations that appear at 50 CFR part 679.
    Under regulations at Sec. 679.20(a)(5)(i)(A), the initial total 
allowable catch (TAC) amounts specified for pollock in the BSAI 
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. 679.20(a).
    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 prompted the Council to 
recommend a delay in the opening date of the pollock non-roe season 
from August 15 to September 1 to provide pollock processors the 
opportunity to participate in the processing operations for late-run 
pink salmon. A proposed rule to implement the Council's recommendation 
was published in the Federal Register on June 12, 1996 (61 FR 29726). 
Public comment was invited through July 8, 1996. No letters of comment 
were received. No changes to the proposed rule are made in the final 
rule, except to incorporate the regulatory format into the new 
consolidated regulations governing the fisheries in Federal waters off 
Alaska (50 CFR part 679).
    This rule annually delays the opening of the pollock non-roe season 
until September 1 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 are exempt from the season ending date restriction. This final 
rule also prohibits a vessel 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 GOA 
during any portion of the 7-day period prior to the opening of the 
pollock non-roe season (i.e., from noon A.l.t., August 25 until noon, 
September 1, A.l.t.). Vessels participating in the directed CDQ

[[Page 39602]]

pollock fishery are exempt from this prohibition.
    Further justification for each of the measures implemented under 
the final rule is discussed in the preamble to the proposed rule.

Classification

    The Director, Alaska Region, NMFS, determined that this final rule 
is necessary for the conservation and management of the BSAI fisheries 
and that it is consistent with the Magnuson Act and other applicable 
laws.
    The Council prepared an FRFA as part of the RIR prepared for the 
1993 delay of the non-roe season to August 15. A copy of this analysis 
as well as the supplemental analysis prepared by the Council for the 
season delay to September 1 is available from the Council (see 
ADDRESSES).
    An informal consultation under the Endangered Species Act was 
initiated for this action on April 30, 1996. As a result of the 
informal consultation, the Regional Director determined that fishing 
activities conducted under this rule are not likely to adversely affect 
endangered or threatened species or critical habitat.
    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined, under the authority of 5 U.S.C. 553(d)(3), that good cause 
exists to waive a portion of the 30-day delayed effectiveness period 
for this rule. The AA finds that it is contrary to the public interest 
to delay the effectiveness of this rule for 30 days because it conveys 
a benefit to the fishing industry that would be denied it if the 
opening of the fishery were not delayed from August 15. By delaying the 
start of the fishery on August 15, processors will be able process pink 
salmon during a time when they otherwise would be processing pollock. 
Waiving a portion of the delayed effectiveness period and making this 
action effective August 15 will allow certain processors to provide a 
different market for pink salmon products and more fully utilize 
available pink salmon resources, which will increase the economic value 
of pink salmon. Once pink salmon processing has concluded, these 
processors will be able to commence pollock production at the same time 
as other processors that might not participate in pink salmon 
production. If part of the delayed effectiveness period were not 
waived, the pollock season would start on August 15, and then close 
shortly thereafter when the 30-day delayed effectiveness period 
expired. Such an abrupt opening and subsequent closure would be costly 
to the industry and confusing as well. In addition, some processors 
could be denied the opportunity to process pink salmon unless they 
decided to forego some opportunities to process pollock, which is an 
unlikely even because the pollock resource is more valuable.
    The AA also finds that it is unnecessary to delay the effectiveness 
of this rule for 30 days because based on public testimony before the 
Council, the pollock and salmon industries already anticipate a delay 
in the opening of the pollock fishery from August 15 to September 1 and 
have planned accordingly.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements

    Dated: July 25, 1996.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 679 is amended 
as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq.

    2. In Sec. 679.20, paragraph (a)(5)(i)(A) is revised to read as 
follows:


Sec. 679.20  General limitations.

    (a) * * *
    (5) * * *
    (i) * * *
    (A) Seasonal allowances. The TAC of pollock in each subarea or 
district of the BSAI will be divided, after subtraction of reserves, 
into two allowances. The first allowance will be available for directed 
fishing from 0001 hours Alaska local time (A.l.t.) January 1 through 
1200 hours, A.l.t. , April 15. The second allowance will be available 
for directed fishing from 1200 hours, A.l.t., September 1 through 1200 
hours 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. 679.23, paragraph (e)(2) is revised, paragraph (e)(3) 
and paragraph (e)(4)(iii) are removed, and paragraph (e)(4) is 
redesignated as paragraph (e)(3) to read as follows:


Sec. 679.23  Seasons.

* * * * *
    (e) * * *
    (2) Directed fishing for pollock. (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 is authorized 
from 0001 hours, A.l.t., January 1, through 1200 hours, A.l.t, April 
15, and from 1200 hours A.l.t., September 1, through 1200 hours A.l.t, 
November 1, of each fishing year.
    (ii) Applicable through December 31, 1998. (A) Subject to other 
provisions of this part and except as provided in paragraphs 
(e)(2)(ii)(B) and (e)(2)(ii)(C) of this section, directed fishing for 
pollock by the offshore component, defined at Sec. 679.2 of this part, 
or by vessels delivering pollock to the offshore component, is 
authorized from 1200 hours A.l.t., January 26, through 1200 hours 
A.l.t., April 15.
    (B) Directed fishing for pollock by the offshore component, or 
vessels delivering pollock to the offshore component is prohibited 
through 1200 hours, A.l.t., February 5, for those vessels that are used 
to fish prior to 1200 hours, A.l.t., January 26, for groundfish in the 
BSAI, groundfish in the GOA, as defined at Sec. 679.2, or king or 
Tanner crab in the BSAI, as defined at Sec. 679.2.
    (C) Neither paragraphs (e)(2)(ii)(B) nor (e)(2)(iii) of this 
section apply to vessels used to fish exclusively in a directed fishery 
for pollock prior to 1200 hours, A.l.t., January 26, or during the 
period that extends from 1200 hours, A.l.t., August 25, through 1200 
hours A.l.t., September 1, under the Western Alaska Community 
Development Quota program pursuant to subpart C and 
Sec. 679.23(e)(2)(ii)(D) of this section.
    (D) Directed fishing for pollock under the Western Alaska Community 
Development Quota program pursuant to subpart C of this part is 
authorized from 0001 hours A.l.t, January 1, through the end of the 
fishing year.
    (iii) Directed fishing for pollock is prohibited during the second 
pollock season defined at paragraph (e)(2)(i) of this section through 
1200 hours, A.l.t., September 8, for any vessel that is used to fish 
with trawl gear for groundfish in the BSAI or the GOA as defined at 
Sec. 679.2 of this part, between 1200 hours A.l.t., August 25, and 1200 
hours A.l.t., September 1.
* * * * *
[FR Doc. 96-19334 Filed 7-25-96; 4:20 pm]
BILLING CODE 3510-22-F