[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Proposed Rules]
[Pages 23712-23715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11472]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 980331079-8079-01; I.D. 031198D]
RIN 0648-AK71


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Gulf of Alaska; Seasonal Apportionments of Pollock

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

ACTION: Proposed rule; proposed amendment to change seasonal 
apportionments of pollock; request for comments.

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SUMMARY: NMFS proposes to change the seasonal apportionment of the 
pollock total allowable catch amount (TAC) in the combined Western and 
Central (W/C) Regulatory Areas of the Gulf of Alaska (GOA) by moving 10 
percent of the TAC from the third fishing season, which starts on 
September 1, to the second fishing season, which starts on June 1. This 
seasonal TAC shift is a precautionary measure intended to reduce the 
potential impacts on Steller sea lions of pollock fishing under an 
increased 1998 TAC by reducing the percentage of the pollock TAC that 
is available to the commercial fishery during the fall and winter 
months, a period that is critical to Steller sea lions. This action is 
intended to promote the conservation and management objectives of the 
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).

DATES: Comments must be received by May 15, 1998.

ADDRESSES: Comments on the proposed rule must be sent to Sue Salveson, 
Assistant Regional Administrator for Sustainable Fisheries, Alaska 
Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori J. Gravel. 
Copies of the Environmental Assessment/Regulatory Impact Review (EA/
RIR) prepared for this action may be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228 or 
[email protected]

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone of the GOA 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 GOA appear at 50 CFR part 600 and 50 CFR part 679.
    Current groundfish regulations apportion the pollock TAC in the W/C 
Regulatory Areas among three statistical areas--610 (Shumagin), 620 
(Chirikof), and 630 (Kodiak)--and divide the TAC apportioned to each 
statistical area into three seasonal allowances of 25 percent, 25 
percent, and 50 percent of the TAC, which become available on January 
1, June 1, and September 1, respectively. The proposed rule would shift 
10 percent of the TAC from the third to the second season resulting in 
seasonal allowances of 25 percent, 35 percent, and 40 percent, 
respectively.
    In December 1997, the Council approved a 1998 pollock TAC of 
119,150 metric tons (mt) for the W/C Regulatory Areas of the GOA. This 
TAC represents a 60 percent increase from the 1997 pollock TAC of 
74,400 mt. The GOA Plan Team and the Council's Scientific and 
Statistical Committee recommended the increased TAC based on survey and 
fishery data indicating increasing abundance and the presence of a 
large 1994 year class. Despite the projected increase in the pollock 
biomass available in the GOA, NMFS marine mammal biologists believe 
that precautionary action is warranted to shift increases in pollock 
fishing away from the fall and winter months, which are a critical 
feeding period for Steller sea lions particularly juveniles and adult 
females. Without action, 50 percent of the increased TAC would become 
available to commercial fishing during the September fishing season, 
substantially increasing the amount of fish that could be harvested in 
that season and extending the fishery further into that season, a time 
period considered particularly critical to Steller sea lions.

Current Status of Steller Sea Lions

    NMFS has the authority to implement regulations necessary to 
protect Steller sea lions under the Endangered Species Act (ESA) and 
the Marine Mammal

[[Page 23713]]

Protection Act. Similarly, under the Magnuson-Stevens Act, NMFS has the 
authority to regulate fishing activities that may be affecting sea 
lions, directly or indirectly. In 1990, coincident with the listing of 
Steller sea lion as threatened under the ESA (55 FR 12645; April 5, 
1990), NMFS: (1) Prohibited entry within 3 nautical miles of listed 
Steller sea lion rookeries west of 150 deg. W. long.; (2) prohibited 
shooting at or near Steller sea lions; and (3) reduced the allowable 
level of take incidental to commercial fisheries in Alaskan waters. As 
a result of ESA section 7 consultations on the effects of GOA 
groundfish fisheries, NMFS implemented additional protective measures 
in 1991, 1992, and 1993 to reduce the effects of certain commercial 
groundfish fisheries on Steller sea lion foraging.
    On June 4, 1997, NMFS separated the Steller sea lion population 
into eastern and western stocks and listed the western stock as 
endangered under the ESA (62 FR 24345, May 5, 1997). The eastern stock 
remains listed as threatened. The two stocks are separated at 144 deg. 
W. long., or approximately at Cape Suckling, just east of Prince 
William Sound. This stock separation was based on genetic differences 
(mitochondrial DNA), different population trajectories (declining stock 
in the west, stable or slightly increasing stock in the east), as well 
as other factors. No additional management actions accompanied the 1997 
change in ESA listing.
    Since these measures were imposed, NMFS has been studying the 
relationship between biomass removed by fisheries and declines in the 
Steller sea lion population (Ferrero and Fritz, 1994). These studies 
have been inconclusive, showing both positive and negative correlations 
between harvest levels and Steller sea lion populations at various 
locations in the GOA and Aleutian Islands. Because Steller sea lions 
are long-lived with low reproductive rates, the effects, if any, of 
these protective measures on the Steller sea lion population may be 
slow to manifest themselves. For perspective, NMFS marine mammal 
biologists estimate that fishing restrictions may need to be in place a 
minimum of 10 years to observe effects in the population.
    During June 1997, NMFS surveyed Steller sea lion populations in the 
W/C Regulatory Areas of the GOA and the eastern Aleutians Islands. The 
1997 survey included rookery and haul-out sites from Outer Island off 
the Kenai Peninsula to the Umnak Island region. Numbers of non-pups at 
rookery and haul-out trend sites in the survey area declined by 13.9 
percent since 1994 and 10.3 percent since June 1996. The greatest 
relative declines were in the central GOA (Kenai Peninsula to the 
Semidi Islands), a region where non-pup numbers have declined each 
survey since 1989. Numbers also declined at trend sites in the western 
GOA and in the eastern Aleutian Islands, two regions where numbers are 
depressed but have remained relatively steady since 1989. Considering 
all sites surveyed each year since 1994 (approximately 50 percent more 
animals than at trend sites only), numbers of non-pups remained stable 
in the western Gulf and eastern Aleutian Islands (10,858 in 1994, 
11,034 in 1996, 11,080 in 1997).

Importance of Pollock to Steller Sea Lions

    At present, NMFS cannot fully characterize the foraging patterns 
and preferences of Steller sea lions. Nevertheless, pollock is a major 
component of their diet. Numerous studies of Steller sea lion diet 
suggest that, in many areas, pollock is their most frequent prey item 
(NMFS, 1995 Status review of the United States Steller Sea Lion 
[Eumetopias jubatus] population). The leading hypothesis for the 
decline of the Steller sea lion is the lack of available prey. 
Therefore, the availability of pollock is a matter of considerable 
management concern.
    The pollock fishery in the Western Regulatory Areas occurs 
substantially within Steller sea lion foraging areas. Harvest data 
indicate significant pollock removals have occurred since 1977 from 
areas designated as critical habitat under the ESA. The percentage of 
total pollock catch in the GOA removed from within Steller sea lion 
critical habitat has increased significantly from less than 10 percent 
in the late 1970s to approximately 80 percent from 1983 to 1986. Except 
for a high removal in 1988 (approximately 90 percent), the percentage 
of the pollock catch removed from critical habitat dropped to 
approximately 60 percent or less of the total catch in 1987-91. 
Although as discussed above sea lion protective measures were put in 
place in the early 1990s, the percentage of total pollock removed from 
critical habitat has increased from the level seen in the late 1980s to 
80 percent in 1993-96. This harvest has occurred principally within 20 
nautical miles of rookeries and major haulouts. Additional information 
on the status of Steller sea lions and the pollock fishery in the GOA 
is available in the EA/RIR prepared for this action (See ADDRESSES).

Concerns Related to Current Pollock Seasonal Apportionments

    The pollock fishery in the W/C Regulatory Areas of the GOA could 
adversely affect the foraging success of Steller sea lions in three 
major ways:
    1. The fishery could deplete pollock stocks in a local geographic 
area of foraging importance due to aggregation of fishing effort;
    2. Fishing pressure could alter the age structure of fish stocks 
targeted by a fishery, resulting in a shift in biomass from older to 
younger age classes; and
    3. Fishing could alter the actual and relative abundance of pollock 
stocks in the GOA and increase the dominance of fish species that are 
less desirable for Steller sea lions. (NMFS, Biological Opinion on the 
Gulf of Alaska Groundfish Fishery Management Plan, 1991).
    The first and third of these factors appear to have the greatest 
significance to Steller sea lions. The first factor may be more 
significant during late fall and winter, when sea lions, particularly 
pregnant females and newly-weaned pups, may be more nutritionally-
stressed. Most Steller sea lions give birth to pups in June, and by 
October, some of the pups are beginning to wean. For Steller sea lions, 
weaning appears to be a protracted event. The post-weaning period may 
be a critical transition in a sea lion's life history, as pups begin 
foraging independently concurrent with more adverse winter conditions 
(Merrick and Loughlin, 1997).
    The 60 percent increase in TAC in the W/C Regulatory Areas has 
raised two specific concerns related to the disproportionate percentage 
of TAC currently apportioned to the third fishing season, which opens 
September 1. The first concern is that, under a 60 percent TAC 
increase, the third pollock season is expected to last longer, 
increasing the time period during the third season in which sea lions 
may be in competition with the commercial fishery for pollock prey. 
Subsequent increases of TAC in future years could further aggravate 
this trend during a time period that may be critical to sea lions.
    The second concern is that harvest of a disproportionate percentage 
of the TAC during a single time period may increase the likelihood that 
the commercial fishery may deplete the pollock resource in localized 
areas where Steller sea lions may forage. Since fishing activity is not 
distributed evenly throughout the W/C Regulatory Areas, (i.e., 
fishermen tend to fish as close to the processing plant as possible), 
there is a greater likelihood

[[Page 23714]]

that pollock stocks in certain localized areas could be depleted during 
the third season, which currently has twice the TAC allowance of the 
first and second seasons. While there is no evidence that such 
localized depletions have any effect on the health of the pollock 
stocks, the concern is that, if localized depletions occur near Steller 
sea lion feeding areas, they may adversely affect Steller sea lions.

Section 7 Consultation on the 1998 GOA Pollock TAC Specifications

    Based on the concerns cited above, NMFS initiated ESA section 7 
consultation on the 1998 GOA pollock TAC specifications. In a 
Biological Opinion dated March 2, 1998, NMFS described the proposed 
action as follows:

    The proposed action is to conduct the Gulf of Alaska pollock 
fishery in 1998 with a 119,150 mt TAC divided among three seasons 
starting January 20, June 1, and September 1. Final specifications 
for the fishery will indicate a 25 percent, 25 percent, 50 percent 
TAC distribution for the three seasons, but the June 1 and September 
1 TAC levels will be revised through rulemaking to a distribution of 
35 percent and 40 percent for the last two seasons. This 
reapportionment will reduce the catch in the season beginning 
September 1 and shorten the duration of this season's pollock 
fishery. This measure will, therefore, minimize potential adverse 
effects of the fishery on Steller sea lions during the winter 
months, when weaned pups are learning to forage and adult females 
may be both pregnant and lactating.

    The Biological Opinion concluded that the proposed increase in the 
TAC for pollock in the combined Western and Central Regulatory Areas of 
the GOA fishery is not likely to jeopardize the continued existence of 
the western population of Steller sea lions and is not likely to 
destroy or adversely modify designated critical habitat for the species 
in Alaska.

Amendment to Final 1998 W/C Regulatory Area Pollock TAC 
Specifications

    To implement the proposed rule in 1998, this action also would 
amend Table 3 of the 1998 final harvest specifications for groundfish 
of the GOA (63 FR 12027, March 12, 1998). Table 3 of the 1998 
specifications would be revised as follows:

 Table 3.--Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/C GOA); 
                       Biomass Distribution, Area Apportionments, and Seasonal Allowances                       
  [ABC for the W/C GOA is 119,150 metric tons (mt). Biomass distribution is based on 1996 survey data. TACs are 
    equal to ABC. Inshore and offshore allocations of pollock are not shown. ABCs and TACs are rounded to the   
                                                 nearest 5 mt.]                                                 
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                                                                                            (mt)                
                                                                          --------------------------------------
                Statistical area                   Biomass    1998  ABC =           Seasonal Allowances         
                                                   percent        TAC     --------------------------------------
                                                                              First        Second       Third   
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Shumagin (610).................................           25       29,790        7,450       10,430       11,910
Chirikof (620).................................           42       50,045       12,510       17,515       20,020
Kodiak (630)...................................           33       39,315        9,830       13,760       15,725
                                                ----------------------------------------------------------------
    Total......................................          100      119,150       29,790       41,705       47,655
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Classification

    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 that this proposed rule, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities as follows:

    In 1996, the most recent year for which vessel participation 
data are available, 1,508 vessels participated in the groundfish 
fisheries of the GOA; 1,254 longline vessels, 148 pot vessels, and 
202 trawl vessels. All of these vessels may be considered small 
entities under the Regulatory Flexibility Act and, all of these 
vessels may encounter pollock in the course of their fishing 
activity and are therefore, affected by regulations governing the 
taking of pollock in the GOA. These small entities could experience 
impacts from this rule in one of two ways depending on whether or 
not they participate in the directed fishery for pollock in the W/C 
Regulatory Area. The 1,412 vessels that do not engage in directed 
fishing for pollock are nonetheless affected by regulations 
governing the pollock fishery because improved retention/improved 
utilization regulations require that the vessels retain and utilize 
all pollock brought on board the vessel up to any maximum retainable 
bycatch amount in effect for pollock, regardless of whether pollock 
is the vessel's target fishery. A shift in pollock TAC from 
September to June would have the effect of shortening the September 
pollock fishery and lengthening the June pollock fishery. 
Consequently, vessels engaged in fisheries other than pollock will 
have a longer period in June during which all incidental pollock 
catch must be retained, and a shorter period in September during 
which all incidental catch of pollock must be retained. However, 
this shift is not expected to have any economic effect on vessels 
not engaged in directed fishing for pollock because all non-pollock 
vessels maintain incidental catch rates for pollock that are below 
the maximum retainable bycatch amount regardless of whether the 
pollock fishery is open or closed.
    Because potential economic impacts would fall primarily on the 
vessels engaged in directed fishing for pollock, it is necessary to 
consider these entities as a separate universe for purposes of the 
Regulatory Flexibility Act. In 1996, 96 vessels, all of them trawl 
catcher vessels, participated in the directed fishery for pollock in 
the GOA. All of these vessels are considered small entities and all 
could experience economic impacts as a result of this rule. The 
projected exvessel value of the 1998 pollock fishery in the combined 
W/C Regulatory Area is $25,670,006 under the status quo, and 
$25,144,792 under the proposed action, which represents a 2 percent 
reduction in exvessel value from the status quo. Therefore, the 96 
vessels in the GOA that engage in directed fishing for pollock may 
be expected to experience a 2 percent reduction in the exvessel 
value of their pollock catch under the proposed action, relative to 
the status quo. The actual impact on an individual vessel's gross 
annual revenue would vary depending on how much of its total annual 
revenue derives from the pollock fishery. Most vessels that engage 
in directed fishing for pollock participate in other groundfish 
fisheries and some also participate in crab and salmon fisheries as 
well. Therefore, in no case would the effect of the proposed action 
be a decrease greater than 2 percent of a vessel's gross revenue. 
This reduction in gross revenue relative to the status quo is not 
expected to force any small entities out of business, especially 
given that the 60 percent increase in pollock TAC for 1998 will 
result in a substantial increase in revenues to the pollock fishery 
relative to 1997.
    Because a reapportionment of pollock TAC under the proposed 
action would not result in a reduction of gross annual revenue of 
more than 2 percent for any vessel in the fishery, would not 
increase total costs of

[[Page 23715]]

production, and would not increase total costs of production, and 
would not increase compliance costs for small entities compared with 
compliance costs as a percent of sales for large entities, this 
action would not have a significant economic impact on a substantial 
number of small entities. Consequently, an initial regulatory 
flexibility analysis was not prepared.

Copies of the EA/RIR are available from NMFS (see ADDRESSES).
    A formal section 7 consultation under the Endangered Species Act 
was initiated for the 1998 final specifications for groundfish of the 
GOA. In a biological opinion dated March 2, 1998, the Assistant 
Administrator for Fisheries, NOAA, determined that fishing activities 
conducted under this proposed rule are not likely to jeopardize the 
continued existence of any endangered or threatened species under the 
jurisdiction of NMFS or result in the destruction or adverse 
modification of critical habitat.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: April 24, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, 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 part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq., 773 et seq., and 3631 et seq.

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


Sec. 679.20  General limitations.

    (a) * * *
    (5) * * *
    (ii) * * *
    (B) Seasonal allowances. Each apportionment will be divided into 
three seasonal allowances of 25 percent, 35 percent, and 40 percent of 
the apportionment, respectively, corresponding to the three fishing 
seasons defined at Sec. 679.23(d)(2).
* * * * *
[FR Doc. 98-11472 Filed 4-29-98; 8:45 am]
BILLING CODE 3510-22-P