[Federal Register Volume 61, Number 164 (Thursday, August 22, 1996)]
[Proposed Rules]
[Pages 43325-43327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21393]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 960815223-6223-01; I.D. 081296A]
RIN 0648-AI70


Fisheries of the Exclusive Economic Zone off Alaska; Allocations 
of Pacific Cod in the Bering Sea and Aleutian Islands Area

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 to implement Amendment 46 to the 
Fishery Management Plan for the Groundfish Fishery in the Bering Sea 
and Aleutian Islands Area (FMP). Amendment 46 would allocate the Bering 
Sea and Aleutian Islands Management Area (BSAI) Pacific cod total 
allowable catch (TAC) among vessels using trawl gear, fixed gear (hook-
and-line and pot), and jig gear. This action also would provide 
authority for the fixed gear allocation of Pacific cod to be divided 
into seasonal allowances, and would allow any unused portion of one 
gear's allocation to be reallocated to other gear types. This action is 
necessary to respond to socioeconomic needs of the fishing industry 
that have been identified by the North Pacific Fishery Management 
Council (Council) and is intended to further the goals and objectives 
of the FMP.

DATES: Comments must be received by October 3, 1996.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802, Attn: Lori J. Gravel. Copies of the proposed FMP amendment and 
the Environmental Assessment/ Regulatory Impact Review (EA/RIR) 
prepared for Amendment 46 may be obtained from the North Pacific 
Fishery Management Council, 605 West Fourth Avenue, Suite 306, 
Anchorage, AK 99501; telephone: 907-271-2809.

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

SUPPLEMENTARY INFORMATION:
    The domestic groundfish fisheries in the exclusive economic zone of 
the BSAI are managed by NMFS under the FMP. The FMP was prepared by the 
Council under the Magnuson Fishery Conservation and Management Act 
(Magnuson Act). Regulations governing the groundfish fishery of the 
BSAI appear at 50 CFR parts 600 and 679.

Management Background and Need for Action

    In 1994, NMFS implemented Amendment 24 to the FMP (59 FR 4009, 
January 28, 1994), which allocated the BSAI Pacific cod TAC among 
vessels using trawl gear, fixed gear (hook-and-line and pot) and jig 
gear. The Council designed Amendment 24 as a 3-year measure that is 
scheduled to expire at the end of 1996. The percentage allocations 
established by Amendment 24 for the 1994-96 fishing seasons were: Trawl 
gear, 54 percent; fixed gear, 44 percent; and jig gear, 2 percent. 
These percentages represented, roughly, the existing harvest 
percentages of the two major sectors, trawl, and hook-and-line, while 
specifically allocating 2 percent to jig gear. The 2 percent allocation 
to jig gear exceeded the existing harvest percentage taken by that gear 
type and was intended to allow for growth in the jig sector.
    Amendment 24 also authorized NMFS to divide the fixed gear 
allocation of Pacific cod into three seasons of 4 months duration and 
allocate the Pacific cod TAC among the three seasons in proportions 
recommended by the Council. The Council took this action in response to 
hook-and-line industry representatives who argued for a seasonal 
allowance of the fixed gear allocation of Pacific cod to allow for a 
first and third season fishery when halibut bycatch rates, product 
quality, and markets are most advantageous. The second season (May 1 
through August 31) is the least desirable period to harvest Pacific cod 
with hook-and-line gear based on these same criteria. Trawl industry 
representatives indicated that seasonal allowances were unnecessary for 
the trawl sector, because relatively low Pacific halibut bycatch rates, 
high catch-per-unit-of-effort, and stable market conditions early in 
the year support the prosecution of the Pacific cod trawl fishery 
during this period.
    Lastly, Amendment 24 established authority for NMFS to reallocate 
Pacific cod from vessels using trawl gear to vessels using fixed gear 
and vise versa anytime during the fishing year the Director, Alaska 
Region, NMFS (Regional Director), determined that one gear group or the 
other would not be able to harvest its allocation of Pacific cod. Any 
projected unused portion of the jig gear allocation was to be 
reallocated to vessels using trawl and fixed gear on or about September 
1 of each fishing year.
    The intent of Amendment 24 was to provide stability in the trawl, 
fixed, and jig gear fisheries by establishing designated allocations of 
the Pacific cod TAC among vessels using these different gear types. The 
Council believed that the stability provided through both gear type and 
seasonal allocations of Pacific cod would enable each sector of the 
industry to increase the net benefits received from the harvest of 
Pacific cod.
    In December 1995, the Council began analysis of Amendment 46, which 
would extend the management measures authorized by Amendment 24 beyond 
1996. Council staff prepared a draft EA/RIR for Amendment 46 to examine 
a range of possible allocations of Pacific cod to each gear type with 
specific attention to prohibited species catch (PSC) mortality, impacts 
on habitat, and discards of Pacific cod by various industry sectors. To 
guide the analysis of alternatives for Amendment 46, the Council 
drafted the following problem statement:

    The Bering Sea/Aleutian Islands Pacific cod fishery continues to 
manifest many of the problems that led the Council to adopt 
Amendment 24 in 1993. These problems include compressed fishing 
seasons, periods of high bycatch, waste of resource, and new 
entrants competing for the resource due to crossovers allowed under 
the Council's moratorium program. Since the allocation of BSAI 
Pacific cod TAC between fixed gear, jig, and trawl gear was 
implemented in January 1994 when Amendment 24 went into effect, the 
trawl, jig and fixed gear components have harvested the TAC with 
demonstrably differing levels of PSC mortality, discards, and 
bycatch of non-target species. Management measures are needed to 
ensure that the Pacific cod TAC is harvested in a manner which 
reduces discards in the target fisheries, reduces PSC mortality, 
reduces nontarget bycatch of Pacific cod and other groundfish 
species, takes into account the social and economic aspects of 
variable allocations and addresses impacts of the fishery on 
habitat. In addition, the amendment will continue to promote 
stability in the fishery as the Council continues on the path 
towards comprehensive rationalization.

    After contentious testimony from representatives for different 
sectors of the BSAI Pacific cod fishery during initial consideration of 
Amendment 46 in April 1996, the Council named an industry negotiating 
committee composed of representatives for the following sectors: 
Freezer/longliner, catcher longliner, pot vessel, factory trawler, 
shoreside delivery trawler, mothership delivery trawler, and shoreside 
processor. This industry negotiating committee, which convened in May 
1996, was given the task of

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drafting an allocation to each gear type that would be acceptable to 
all sectors of the BSAI Pacific cod fishery.
    After 2 days of public meetings in Seattle, WA, the negotiating 
committee arrived at the following percentages: Fixed gear, 51 percent; 
trawl gear, 47 percent divided equally between catcher vessels and 
catcher/processors; and jig gear, 2 percent. These percentages were 
chosen because they closely represented the current harvest percentage 
taken by the trawl and fixed gear types under current halibut PSC 
limits while retaining the 2 percent allocation for jig gear.
    The 50/50 split of the trawl gear allocation between catcher vessel 
and catcher/processors was arrived at through a separate negotiation by 
representatives for the different sectors of the trawl fleet. Catcher 
vessel representatives argued that directed fishing for Pacific cod by 
catcher/processors, as well as high levels of Pacific cod taken as 
bycatch by catcher/processors engaged in other directed fisheries, 
could preempt the catcher vessel sector, which is more dependent on 
directed fishing for Pacific cod. A separate allocation of Pacific cod 
to trawl catcher vessels would prevent preemption of catcher vessels by 
the catcher/processor sector. From 1992 through 1995, catcher vessels 
were responsible for 40 percent of the total trawl landings of Pacific 
cod, but harvested 54 percent of the Pacific cod taken by trawl vessels 
while engaged in directed fishing for Pacific cod. During the same time 
period, catcher processors were responsible for 74 percent of the 
Pacific cod taken as bycatch by trawl vessels while engaged in directed 
fishing for other species.
    Because both the trawl and hook-and-line sectors are constrained by 
existing halibut PSC limits, the negotiating committee recognized that 
it would be unlikely that vessels using both gear types could exploit 
larger allocations of Pacific cod under their existing halibut PSC 
limits. The negotiating committee expected that operators of vessels 
using pot gear would be able to harvest the remaining TAC of Pacific 
cod once vessels using trawl and hook-and-line gear reached their 
halibut PSC limits.
    At its June 1996 meeting, the Council approved unanimously the 
allocation percentages proposed by the industry negotiating committee 
as part of Amendment 46 to the FMP. The Council also extended without 
modification the other management measures established by Amendment 24, 
except for the date that any projected unused jig gear allocation would 
be reallocated to other gear types. The Council recommended that NMFS 
reallocate any projected unused jig allocation to fixed gear on 
September 15 of each fishing year after hearing industry requests for a 
predictable date for the reallocation of the projected unused jig gear 
allocation. In contrast to Amendment 24, the Council chose not to 
establish a sunset date for Amendment 46.

Regulations Proposed under Amendment 46

    The following summarizes the regulations proposed under Amendment 
46.
    1. The BSAI Pacific cod TAC would be allocated among gear types as 
follows: Fixed gear, 51 percent; trawl gear, 47 percent; and jig gear, 
2 percent.
    2. The BSAI Pacific cod TAC allocated to vessels using trawl gear 
would be further allocated 50 percent to catcher vessels and 50 percent 
to catcher/processors.
    3. The authority for NMFS to divide the fixed gear allocation of 
Pacific cod into three seasons of 4 months duration would continue 
unchanged. The criteria to be used for determining the percentage of 
fixed gear TAC allocated to each season include: The seasonal 
distribution of prohibited species, the seasonal distribution of 
Pacific cod relative to prohibited species distribution, the expected 
variations in Pacific halibut bycatch rates throughout the fishing 
year, and the economic effects of any seasonal allowance of Pacific cod 
on the fixed gear fisheries.
    4. The authority for NMFS to reallocate Pacific cod from vessels 
using trawl gear to vessels using fixed gear and vice versa anytime 
during the fishing year that the Regional Director determines that one 
gear group or the other would not be able to harvest its allocation of 
Pacific cod would continue unchanged.
    5. Any portion of the Pacific cod TAC allocated to vessels using 
jig gear and projected by NMFS to be unused by the end of the fishing 
year would be reallocated to vessels using fixed gear on September 15 
of each fishing year.
    6. NMFS also proposes to implement a measure that would allow any 
unused fixed gear seasonal allowance to be reallocated in a manner 
determined by NMFS in annual consultation with the Council and that 
promotes the goals and objectives of the FMP. This measure would, for 
example, allow NMFS to reallocate unused fixed gear allocations from 
the first season to the third season when halibut bycatch rates, 
product quality, and markets are most advantageous.

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 
the FMP amendment these rules 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.
    The Council prepared an EA for this FMP amendment that discusses 
the impact on the environment as a result of this rule. A copy of this 
EA is available from the Council (see ADDRESSES). The EA concluded that 
the distribution of fishing effort among different sectors of the 
fishing industry, as well as the spatial and temporal distribution of 
fishing effort within each sector of the industry, is unlikely to 
change as a result of this rule. As a consequence, fishing under this 
rule will not impact the environment to an extent and in a manner not 
already considered in the EA prepared for the 1996 TAC specifications.
    This proposed rule has been determined to be not significant for 
the purposes of E.O. 12866.
    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 as follows:

    I certify that the attached proposed rule issued under authority 
of section 304(a) of the Magnuson Fishery Conservation and 
Management Act will not have a significant economic impact on a 
substantial number of small entities. The proposed rule would 
allocate the BSAI Pacific cod total allowable catch among vessels 
using trawl gear, fixed gear and jig gear. This action also would 
provide authority for the fixed gear allocation to be divided into 
seasonal allowances, and would allow any unused portion of one 
gear's allocation to be reallocated to other gear types. This action 
is necessary to replace the current Pacific cod allocations which 
were established by Amendment 24 to the FMP and which are scheduled 
to expire on January 1, 1997.
    The percentage allocations in the proposed rule largely mirror 
existing harvest patterns and would not result in a change of more 
than 5 percent in overall gross revenues for any particular 
operation relative to the status quo. This action is expected to 
generate largely unquantifiable positive impacts including: 
Prohibited species bycatch reductions, increased amounts of cod 
available to cod target fisheries, allowances for growth of 
relatively clean fishing gears (such as pot gear), and overall 
stability

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within and across industry sectors. The proposed rule would not 
change compliance costs or impose any additional paperwork or 
reporting requirements.

    The Regional Director determined that fishing activities conducted 
under this rule will not affect endangered and threatened species 
listed or critical habitat designated pursuant to the Endangered 
Species Act in any manner not considered in prior consultations on the 
groundfish fisheries of the BSAI.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: August 16, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

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

    1. The authority citation for 50 CFR 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)(7) is revised to read as follows:


Sec. 679.20  General limitations.

* * * * *
    (a) * * *
    (7) Pacific cod TAC, BSAI--(i) TAC by gear. (A) The BSAI TAC of 
Pacific cod, after subtraction of reserves, will be allocated 2 percent 
to vessels using jig gear, 51 percent to vessels using hook-and-line or 
pot gear, and 47 percent to vessels using trawl gear.
    (B) The portion of Pacific cod TAC allocated to trawl gear under 
paragraph (a)(7)(i)(A) of this section will be further allocated 50 
percent to catcher vessels and 50 percent to catcher/processors as 
defined for the purposes of recordkeeping and reporting at Sec. 679.2.
    (C) The Regional Director may establish separate directed fishing 
allowances and prohibitions authorized under paragraph (d) of this 
section for vessels harvesting Pacific cod using jig gear, hook-and-
line or pot gear, or trawl gear.
    (ii) Unused gear allocation. If, during a fishing year, the 
Regional Director determines that vessels using trawl gear or hook-and-
line or pot gear will not be able to harvest the entire amount of 
Pacific cod in the BSAI allocated to those vessels under paragraphs 
(a)(7)(i) or (a)(7)(iii) of this section, NMFS may reallocate the 
projected unused amount of Pacific cod to vessels harvesting Pacific 
cod using the other gear type(s) through notification in the Federal 
Register.
    (iii) Reallocation of TAC specified for jig gear. On September 15 
of each year, the Regional Director will reallocate any projected 
unused amount of Pacific cod in the BSAI allocated to vessels using jig 
gear to vessels using hook-and-line or pot gear through notification in 
the Federal Register.
    (iv) Seasonal allowances--(A) Time periods. NMFS, after 
consultation with the Council, may divide the TAC allocated to vessels 
using hook-and-line or pot gear under paragraph (a)(7)(i) of this 
section among the following three periods: January 1 through April 30; 
May 1 through August 31; and September 1 through December 31.
    (B) Factors to be considered. NMFS will base any seasonal allowance 
of the Pacific cod allocation to vessels using hook-and-line and pot 
gear on the following information:
    (1) Seasonal distribution of Pacific cod relative to prohibited 
species distribution.
    (2) Variations in prohibited species bycatch rates in the Pacific 
cod fisheries throughout the fishing year.
    (3) Economic effects of any seasonal allowance of Pacific cod on 
the hook-and-line and pot-gear fisheries.
    (C) Unused seasonal allowances. Any unused portion of a seasonal 
allowance of Pacific cod to vessels using hook-and-line or pot gear 
will be reallocated to the remaining seasonal allowances during a 
current fishing year in a manner determined by NMFS, after consultation 
with the Council.
* * * * *
[FR Doc. 96-21393 Filed 8-19-96; 1:41 pm]
BILLING CODE 3510-22-F