[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Rules and Regulations]
[Pages 48641-48643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24451]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 980903229-8229-01; I.D. 051898A]
RIN 0648-AK73
Fisheries of the Exclusive Economic Zone Off Alaska; Stand Down
Requirements for Trawl Catcher Vessels Transiting Between the Bering
Sea and the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement a stand down requirement
for trawl catcher vessels transiting between the Bering Sea and
Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA). This
action is necessary to prevent unexpected shifts of fishing effort
between BSAI and GOA fisheries that can lead to overharvests of total
allowable catch (TAC) in the Western and Central (W/C) Regulatory Areas
of the GOA. This action is intended to further the goals and objectives
of the Fishery Management Plan for Groundfish of the Gulf of Alaska and
the Fishery Management Plan for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area (FMPs).
DATES: Effective September 8, 1998.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for
this action are available from the Alaska Region, NMFS, P.O. Box 21668,
Juneau, AK 99802, Attn: Lori J. Gravel, or by calling the Alaska
Region, NMFS, at 907-586-7228.
FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION: The groundfish fisheries off Alaska are
managed by NMFS under the FMPs. The FMPs were prepared by the North
Pacific Fishery Management Council (Council) under the Magnuson-Stevens
Fishery Conservation and Management Act. Federal regulations governing
the groundfish fisheries appear at 50 CFR parts 600 and 679.
Background and Need for Action
In recent years, management of the inshore pollock and Pacific cod
fisheries
[[Page 48642]]
of the W/C Regulatory Areas of the GOA has become increasingly
difficult. The risk of harvest overruns has grown due to TAC amounts
that are small relative to the potential fishing effort. The problem
has been most acute in the Western Regulatory Area of the GOA due to
the constant potential that numerous large catcher vessels based in the
Bering Sea could cross into the GOA to participate in pollock and
Pacific cod openings that have relatively small TACs. NMFS currently
lacks a preseason vessel registration program that could gauge
potential effort in these fisheries prior to openings, and inseason
catch information in these fisheries is neither timely nor accurate
enough to allow adequate management.
At its February 1998 meeting, the Council recommended two distinct
management solutions to respond to the difficulties associated with
managing the pollock and Pacific cod fisheries of the W/C Regulatory
Areas. The first solution was a stand down requirement that is
contained in this final rule. Trawl catcher vessels transiting between
the BSAI and GOA would be required to offload and refrain from fishing
for a period of time before beginning fishing in the new area. The
second solution, currently under development by NMFS, is a vessel
registration program that would require vessels to register with NMFS
in advance of entering certain critical fisheries. Both of these
programs are described in detail in the EA/RIR/FRFA prepared for this
action.
On July 21, 1998, NMFS published a proposed rule in the Federal
Register (63 FR 39065) to implement the Council's recommended stand
down requirement for trawl catcher vessels transiting between the BSAI
and GOA. Comments on the proposed rule were invited through August 20,
1998. No comments were received by the end of the comment period. The
following is a summary of the major elements of the final rule. One
clarifying change was made from the proposed rule.
This final rule establishes a stand down requirement for all trawl
catcher vessels transiting between the BSAI and GOA that is in effect
when non-CDQ pollock or Pacific cod fisheries are open in the BSAI or
GOA. Vessels leaving the BSAI to fish in the GOA are required to
offload all fish caught in the BSAI and are prohibited from deploying
trawl gear in the W/C Regulatory Areas of the GOA until 1200 hours
A.l.t. on the third day after the date that offloading was completed.
Vessels transiting from the Western Regulatory Area to the BSAI are
subject to the same 3-day stand down requirement. However, vessels
transiting from the Central Regulatory Area to the BSAI are subject to
a 2-day stand down period. Further justification of the stand down
requirement implemented by this final rule is contained in the preamble
to the proposed rule and in the EA/RIR/FRFA prepared for this action.
Changes from the Proposed Rule
In the final rule, the table at Sec. 679.23(h) was revised to
specify that the stand down requirements do not apply to vessels
engaged in Community Development Quota (CDQ) fishing in the BSAI. The
proposed rule did not specifically mention whether the stand down
requirements apply to vessels engaged in CDQ fishing. Vessels fishing
under a CDQ management system use an individual vessel quota monitoring
system. Consequently, a stand down requirement is unnecessary to
prevent overharvest. The Council intended that this action apply only
to open access fishing for pollock and Atka mackerel. There was no
intent that it apply to vessels fishing under a CDQ management system.
Classification
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
NMFS prepared a final regulatory flexibility analysis that consists
of the EA/RIR/FRFA and the preambles to the proposed and final rules. A
copy of the EA/RIR/FRFA is available from NMFS (see ADDRESSES).
The FRFA concluded that the stand down requirement will affect an
estimated 275 trawl catcher vessels fishing for groundfish in the GOA
and BSAI, all of which are considered small entities, because it would
restrict their ability to make rapid transits between the BSAI and GOA
groundfish fisheries. Managing pollock and Pacific cod fisheries in the
GOA has become increasingly difficult due to the potential for large
catcher vessels based in the BSAI to participate in pollock and Pacific
cod openings in the GOA that have relatively small TACs and risk
harvest overruns. Ten to 15 catcher vessels, believed to be based in
the BSAI, made rapid transits from one area to another in 1997. NMFS
cannot calculate how many such vessels might transit in 1998, but the
possibility exists that more than 10-15 catcher vessels could
participate in GOA pollock and Pacific cod fisheries and risk harvest
overruns. NMFS projects that the stand down requirement could result in
the foregone harvest of pollock to BSAI-based catcher vessels, which
could exceed the estimated 7,663 mt of pollock harvested in 1997 by
these vessels. NMFS cannot calculate this action's impact on the
affected vessels, but the possibility exists that it could result in
losses of 5 percent or more of these vessels' gross revenues and/or
increase the costs of production by more than 5 percent.
No entities are expected to be forced out of business as a result of
this action. Nevertheless, based on NMFS threshold guidelines, this
action could result in a significant economic impact on a substantial
number of small entities. A discussion of the regulatory alternatives
and steps taken to minimize the significant economic impacts of this
action are included in the EA/RIR/FRFA. No comments were received
regarding this conclusion.
The immediate effectiveness of this action is required to prevent
possible harvest overruns during the third pollock season in the W/C
Regulatory Areas of the GOA, which opened on September 1. Accordingly,
the Assistant Administrator for Fisheries, NOAA finds there is good
cause to waive the 30-day delayed effectiveness period for this action
under 5 U.S.C. 553(d)(3).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: September 4, 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 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: 773 et seq., 16 U.S.C. 1801 et seq., and 3631 et seq.
2. In Sec. 679.23 a new paragraph (h) is added to read as follows:
Sec. 679.23 Seasons.
* * * * *
(h) Stand down requirements for trawl catcher vessels transiting
between the BSAI and GOA.
[[Page 48643]]
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You are
If you own or operate a prohibited from
catcher vessel and fish for subsequently Until* * *
groundfish with trawl gear in deploying trawl
the* * * gear in the* * *
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(1) BSAI while pollock or Western and 1200 hours A.l.t. on
Pacific cod is open to Central the third day after
directed fishing in the BSAI. Regulatory Areas the date of landing
of the GOA. or transfer of all
groundfish on board
the vessel harvested
in the BSAI, unless
you are engaged in
directed fishing for
Pacific cod in the
GOA for processing
by the offshore
component.
(2) Western Regulatory Area of BSAI............. 1200 hours A.l.t. on
the GOA while pollock or the third day after
inshore Pacific cod is open the date of landing
to directed fishing in the or transfer of all
Western Regulatory Area of groundfish on board
the GOA. the vessel harvested
in the Western
Regulatory Area of
the GOA, unless you
are participating in
a CDQ fishery.
(3) Central Regulatory Area of BSAI............. 1200 hours A.l.t. on
the GOA while pollock or the second day after
inshore Pacific cod is open the date of landing
to directed fishing in the or transfer of all
Central Regulatory Area of groundfish on board
the GOA. the vessel harvested
in the Central
Regulatory Area of
the GOA, unless you
are participating in
a CDQ fishery.
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[FR Doc. 98-24451 Filed 9-8-98; 3:15 pm]
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