[Federal Register Volume 67, Number 129 (Friday, July 5, 2002)]
[Proposed Rules]
[Page 44794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16812]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 062602E]
RIN 0648-AP71


Fisheries of the Exclusive Economic Zone off Alaska; Amendment 69 
To Allow American Fisheries Act Inshore Pollock Cooperatives To 
Contract With Non-Member Vessels

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

ACTION: Notice of Availability (NOA); request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted Amendment 69 to the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP). 
This amendment would allow an American Fisheries Act inshore pollock 
cooperative to contract with a non-member catcher vessel to harvest a 
portion of the cooperative's annual pollock allocation. The purpose of 
this action is to provide a means by which the members of a cooperative 
may harvest their entire pollock allocation in a safe and cost-
effective manner.

DATES: Comments on Amendment 69 must be received at the following 
address by September 3, 2002.

ADDRESSES: Comments on Amendment 69 may be mailed to Sue Salveson, 
Assistant Regional Administrator, Sustainable Fisheries Division, 
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori 
Gravel-Durall. Hand delivery or courier delivery of comments may be 
sent to the Federal Building, 709 West 9th St., Room 453, Juneau, AK, 
99801. Copies of Amendment 69 and the Regulatory Impact Review/Initial 
Regulatory Flexibility Analysis (RIR/IRFA) prepared for this action are 
available from NMFS at the above address, 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 Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each regional 
fishery management council submit any FMP or FMP amendment it prepares 
to NMFS for review and approval, disapproval, or partial approval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP, 
immediately publish a notice in the Federal Register that the FMP or 
amendment is available for public review and comment.
    The American Fisheries Act (AFA) established a system of inshore 
pollock cooperatives under which the owners of catcher vessels that 
deliver to a particular processor may form a cooperative and receive an 
exclusive allocation of Bering Sea and Aleutian Islands Management Area 
(BSAI) pollock. Subparagraph 210(b)(1)(B) of the AFA specifies that 
only the member vessels of a cooperative may harvest the cooperative's 
annual pollock allocation.
    In 2000, several inshore catcher vessel owners petitioned the 
Council to provide cooperatives with greater flexibility to contract 
with non-member vessels. They argued that members of inshore 
cooperatives need greater flexibility to (1) increase efficiency and 
provide vessel owners with a more functional market for leasing of 
individual pollock allocations, (2) ensure that a cooperative is able 
to harvest its entire allocation in the event of vessel breakdowns or 
other unanticipated emergencies, and (3) improve safety by providing 
greater flexibility for larger vessels to harvest cooperative 
allocations during hazardous winter months and when Steller sea lion 
conservation measures require that fishing be done further offshore--
outside of Steller sea lion critical habitat.
    The Council concurred and adopted Amendment 69 in October 2000. 
This amendment would revise the inshore cooperative structure to allow 
an inshore cooperative to contract with a non-member AFA inshore 
catcher vessel that is a member of another inshore cooperative to 
harvest a portion of the cooperative's allocation. However, this 
amendment would not change cooperative memberships or authorize non-AFA 
vessels to harvest BSAI pollock.
    Subsection 213(c) of the AFA provides the Council with the 
authority to recommend measures that supersede certain aspects of the 
AFA. Subsection 213(c) states:

    ``The North Pacific Council may recommend and the Secretary may 
approve conservation and management measures in accordance with the 
Magnuson-Stevens Act-that supersede the provisions of this title, 
except for Sections 206 and 208 for conservation or to mitigate 
adverse effects in fisheries or on owners of fewer than three 
vessels in the directed pollock fishery provided such measures take 
into account all factors affecting the fisheries and are imposed 
fairly and equitably to the extent practicable among and within the 
sectors in the directed pollock fishery.''

    Amendment 69 would supersede inshore cooperative restrictions set 
out in paragraphs 210(b)(1)(B) and 210(b)(5) of the AFA.
    Public comments are being solicited on the amendment through the 
end of the comment period stated in this NOA. A proposed rule that 
would implement the amendment may be published in the Federal Register 
for public comment following NMFS's evaluation under the Magnuson-
Stevens Act procedures. Public comments on the proposed rule must be 
received by the end of the comment period on the amendment to be 
considered in the approval/disapproval decision on the amendment, 
whether specifically directed to the amendment or the proposed rule. 
Comments received after that date will not be considered in the 
approval/disapproval decision on the amendment. To be considered in the 
approval/disapproval decision, comments must be received by the close 
of business on the last day of the comment period specified in this 
NOA; that does not mean postmarked or otherwise transmitted by that 
date.

    Dated: June 28, 2002.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-16812 Filed 7-3-02; 8:45 am]
BILLING CODE 3510-22-S