[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Rules and Regulations]
[Pages 68228-68229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33975]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 970829216-7305-02; I.D. 080597F]
RIN 0648-AK14
Fisheries of the Exclusive Economic Zone Off Alaska; Allocation
of Atka Mackerel to Vessels Using Jig Gear
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements Amendment 34 to the Fishery Management Plan
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area
(FMP). The implementing regulations of Amendment 34 require an
allocation of Atka mackerel to vessels using jig gear. Annually, up to
2 percent of the total allowable catch (TAC) specified for this species
in the eastern Aleutian Islands District (AI)/Bering Sea subarea (BS)
will be allocated to the jig gear fleet fishing in this area. This
action is necessary to provide an opportunity to a localized, small-
vessel jig gear fleet to fish for Atka mackerel in summer months. The
large-scale trawl fisheries typically harvest the available TAC for
this species early in the fishing year, which does not allow jig gear
fishermen an opportunity for a summer fishery. This action is intended
to further the goals and objectives of the FMP.
DATES: Effective January 30, 1998.
ADDRESSES: Copies of Amendment 34 and the Environmental Assessment/
Regulatory Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/
FRFA) prepared for this action may be obtained from NMFS, P.O. Box
21668, Juneau, AK 99802, Attn: Lori J. Gravel.
FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the
exclusive economic zone of the Bering Sea and Aleutian Islands
management area (BSAI) are managed by NMFS under the FMP. The FMP was
prepared by the North Pacific Fishery Management Council (Council)
under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). Regulations governing the groundfish fisheries
of the BSAI appear at 50 CFR parts 600 and 679.
At its June 1997 meeting, the Council adopted Amendment 34 to the
FMP and recommended that NMFS prepare a rulemaking to implement the
amendment. A notice of availability of Amendment 34 was published in
the Federal Register on August 15, 1997 (62 FR 43689) and invited
comments on the amendment through October 14, 1997. A proposed rule to
implement Amendment 34 was published on September 22, 1997 (62 FR
49464), with comments invited through November 6, 1997. No comments
were received either on Amendment 34 or on the proposed rule.
The rule implementing Amendment 34 requires an allocation of Atka
mackerel to vessels using jig gear. Annually, up to 2 percent of the
TAC specified for this species in the eastern AI/BS will be allocated
to vessels using jig gear in this area. The amount of the allocation
will be determined annually based on the anticipated harvest capacity
of the jig gear fleet and will be published in the Federal Register as
part of the annual groundfish specifications process.
NMFS has determined that this action is necessary for the
conservation and management of the Atka mackerel fishery of the BSAI
and for addressing resource allocation issues between the jig and trawl
gear fisheries for this species. NMFS approved Amendment 34 on November
13, 1997, under section 304(a) of the Magnuson-Stevens Act. Additional
information on this action may be found in the preamble to the proposed
rule and in the EA/RIR/FRFA.
Classification
The Administrator, Alaska Region, NMFS, determined that Amendment
34 is necessary for the conservation and management of the groundfish
fishery of the BSAI and that it is consistent with the Magnuson-Stevens
Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS prepared an FRFA consisting of the EA/RIR, and the preamble to
this final rule. The initial regulatory flexibility analysis (IRFA)
concluded that this action would have a significant positive economic
impact on small entities to the extent that the jig gear fleet realized
potential gains through increased harvests of Atka mackerel. Any loss
in gross annual revenues that would be incurred by trawl catcher
vessels under Amendment 34 would not be significant (i.e., would not
exceed 5 percent of a vessel's total annual revenue) because these
vessels are larger (> 60 ft (18.29 m)) in length and participate in
other lucrative groundfish fisheries, including the Atka mackerel
fishery in the Central and Western Aleutians. Additional explanation of
these impacts is presented in the preamble to the proposed rule (62 FR
49464, September 22, 1997). No comments were received on the IRFA.
Because the significant economic impacts on small entities are
beneficial impacts, no steps have been taken to minimize them.
Likewise, other alternatives that were rejected would not have
benefited small entities as greatly as the selected alternative. A copy
of the RIR/FRFA is available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: December 22, 1997.
David L. Evans,
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 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.20, paragraph (a)(8) is redesignated as paragraph
(a)(9) and new paragraphs (a)(8) and (c)(6) are added to read as
follows:
Sec. 679.20 General limitations.
* * * * *
(a) * * *
(8) BSAI Atka mackerel--(i) TAC by gear. Vessels using jig gear
will be allocated up to 2 percent of the TAC of Atka mackerel specified
for the Eastern Aleutian Islands District and Bering Sea subarea, after
subtraction of reserves, based on the criteria specified at paragraph
(a)(8)(ii) of this section. The remainder of the TAC, after subtraction
of reserves, will be allocated to vessels using other authorized gear
types.
(ii) Annual specification. The percentage of the Atka mackerel TAC
[[Page 68229]]
specified for the Eastern Aleutian Islands District and Bering Sea
subarea that is allocated annually to vessels using jig gear will be
published in the Federal Register as part of the proposed and final
annual specifications under paragraph (c) of this section. The jig gear
allocation will be based on the following criteria:
(A) The amount of Atka mackerel harvested by vessels using jig gear
during recent fishing years;
(B) The anticipated harvest of Atka mackerel by vessels using jig
gear during the upcoming fishing year; and
(C) The extent to which the jig gear allocation will support the
development of a jig gear fishery for Atka mackerel while minimizing
the amount of Atka mackerel TAC annually allocated to vessels using jig
gear that remains unharvested at the end of the fishing year.
* * * * *
(c) * * *
(6) BSAI Atka mackerel allocations. The proposed, interim, and
final specifications will specify the allocation of BSAI Atka mackerel
among gear types as authorized under paragraph (a)(8) of this section.
* * * * *
[FR Doc. 97-33975 Filed 12-30-97; 8:45 am]
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