[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]
BILLING CODE 3510-22-P