[Federal Register Volume 67, Number 138 (Thursday, July 18, 2002)]
[Notices]
[Pages 47352-47353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18164]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 070802C]


Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited 
Species Donation Program

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

ACTION: Notice; authorized distributor permit.

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SUMMARY: NMFS announces the renewal of permits to Northwest Food 
Strategies (NFS) authorizing this organization to distribute Pacific 
salmon and Pacific halibut to economically disadvantaged individuals 
under the prohibited species donation (PSD) program. These salmon and 
halibut are caught incidentally during directed groundfish trawl 
fishing operations off Alaska. This action is necessary to comply with 
provisions of the PSD program and is intended to promote the goals and 
objectives of the North Pacific Fishery Management Council.

DATES: Effective August 16, 2002, through August 16, 2005.

ADDRESSES: Copies of the PSD permits for salmon and halibut may be 
obtained from the Sustainable Fisheries Division, NMFS, Alaska Region, 
P.O. Box 21668, Juneau, AK 99802-21668, Attn: Lori Gravel-Durall.

FOR FURTHER INFORMATION CONTACT: Melanie N. Brown, 907-586-7228 or 
email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by U.S. vessels in the exclusive economic 
zone of the Bering Sea and Aleutian Islands management area (BSAI) and 
Gulf of Alaska (GOA) is managed by NMFS according to the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Islands Area and the Fishery Management Plan for Groundfish of 
the Gulf of Alaska (FMPs). These FMPs were prepared by the North 
Pacific Fishery Management Council under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801, 
et seq.). Regulations governing the Alaska groundfish fisheries appear 
at 50 CFR parts 600 and 679. Fishing for Pacific halibut in waters in 
and off Alaska is governed by the Convention between the United States 
and Canada for the Preservation of the Halibut Fishery of the North 
Pacific Ocean and Bering Sea and by regulations adopted by the 
International Pacific Halibut Commission (IPHC) and approved by the 
Secretary of State of the United States under section 4 of the Northern 
Pacific Halibut Act (16 U.S.C. 773-773k). Regulations of the IPHC are 
published as annual management measures in the Federal Register each 
year pursuant to regulations at 50 CFR 300.62.
    NMFS approved Amendments 26/29 to the BSAI and the GOA FMPs, 
respectively, on July 10, 1996, and implemented a salmon donation 
program. NMFS approved the superseding Amendments 50/50 to the FMPs on 
May 6, 1998, and authorized the PSD program for salmon and Pacific 
halibut. A final rule implementing Amendments 50/50 was published in 
the Federal Register on June 12, 1998 (63 FR 32144). A full description 
of, and background information on, the PSD program may be found in the 
preamble to the proposed rules for Amendments 26/29, and 50/50 (61 FR 
24750, May 16, 1996, and 63 FR 10583, March 4, 1998, respectively).
    Regulations at Sec. 679.26 authorize the voluntary distribution of 
Pacific salmon and Pacific halibut taken incidentally in the groundfish 
trawl fisheries off Alaska to economically disadvantaged individuals by 
tax-exempt organizations through an authorized distributor. The 
Regional Administrator, Alaska Region, NMFS (Regional Administrator), 
may select one or more tax-exempt organizations to be authorized 
distributors, as defined by Sec. 679.2, based on the information 
submitted by applicants under Sec. 679.26. After review of qualified 
applicants, NMFS must announce the selection of authorized 
distributor(s) in the Federal Register and issue the selected 
distributor(s) PSD permits.
    On June 3, 2002, the Regional Administrator received an application 
from NFS to renew an existing PSD permit issued to NFS on August 16, 
1999 (64 FR 44502, August 16, 1999), that authorizes the voluntary 
distribution of Pacific salmon taken incidentally in groundfish trawl 
fisheries off Alaska through August 16, 2002.
    On July 1, 2002, the Regional Administrator also received an 
application from NFS to renew an existing PSD permit issued to NFS on 
January 1, 2001 (66 FR 13294, March 5, 2001), that authorizes the 
voluntary distribution of Pacific halibut taken incidentally in 
groundfish trawl fisheries off Alaska and delivered to shoreside 
processors through December 31, 2003. Even though the halibut permit 
expires in 2003, the applicant requested that the halibut permit be 
renewed at this time. Concurrent issuance of the Pacific salmon and 
Pacific halibut permits would reduce permit application costs and 
enhance administrative efficiency because both permits would be 
effective for the same 3-year time period.
    The Regional Administrator reviewed the applications and determined 
that they provide the required information and that NFS meets the 
requirements for an authorized distributor of Pacific salmon and 
Pacific halibut. As required by
    Sec. 679.26(b)(2), the Regional Administrator based his selection 
on the following criteria:
    1. The number and qualifications of applicants for PSD permits. As 
of the date of this notice, only NFS has submitted completed 
applications to distribute salmon and halibut taken incidentally in the 
Alaska groundfish trawl fisheries. NFS has been

[[Page 47353]]

coordinating the distribution of salmon taken incidentally in trawl 
fisheries since 1993 and of halibut taken incidentally since 1998 under 
exempted fishing permits and the PSD program. NFS employs independent 
seafood quality control experts to ensure product quality and has 
received support from cold storage facilities and common carriers 
servicing the areas where salmon and halibut donations will take place.
    2. The number of harvesters and the quantity of fish that 
applicants can effectively administer. For salmon, the number of 
processors and vessels currently participating in the PSD program 
administered by NSF include: 3 shoreside processors, 12 catcher/
processor vessels, and 37 catcher vessels. Three shoreside processors 
participate in the halibut donation program. According to its 
application, NFS has the capacity to receive and distribute salmon and 
halibut from as many as 40 processors and their associated catcher 
vessels. In 1999, 2000, and 2001, NFS received 41,265 pounds, 90,560 
pounds, and 42,166 pounds, respectively, of salmon for distribution to 
food bank organizations. During these same years, NFS received 4,476 
pounds, 14,120 pounds, and 43,062 pounds, respectively, of halibut for 
distribution to food bank organizations. NMFS does not have information 
to convert accurately the salmon weights to numbers of salmon. 
Nonetheless, assuming a recovery rate of 30 percent and an average 
recovered weight of 8 pounds per fish, the above poundages could 
represent between 5,158 and 11,320 salmon.
    3. The anticipated level of salmon and halibut incidental catch 
based on salmon and halibut incidental catch from previous years. 
During 2000 and 2001, about 65,070 and 95,073 salmon, respectively, 
were caught incidentally in the BSAI groundfish trawl fisheries. 
Another 37,700 and 21,167 salmon, respectively, were taken in the GOA 
trawl fisheries. During 2000 and 2001, 3,208 and 3,245 metric tons (mt) 
of halibut mortality, respectively, occurred in the BSAI groundfish 
trawl fisheries. During 2000 and 2001 in the GOA, 1,888 and 2,197 mt of 
halibut mortality, respectively, occurred in the groundfish trawl 
fisheries.
    Pacific halibut bycatch amounts are constrained by an annual 
prohibited species catch limit in the BSAI and GOA. Future halibut 
bycatch levels will likely be similar to those experienced in 2000 and 
2001. Salmon prohibited species bycatch limits are established for the 
BSAI pollock fisheries that, when attained, result in the closure of 
specified fishing grounds for a specified period of time. Salmon 
bycatch limits are not established for the GOA. In general, salmon 
bycatch amounts tend to be more variable between years, making accurate 
prediction of future incidental take amounts difficult.
    4. The potential number of vessels and processors participating in 
the groundfish trawl fisheries. In 2001 about 11 shoreside processors 
in the BSAI and 18 shoreside processors in the GOA processed catch from 
trawl vessels. In 2001, approximately 181 trawl catcher vessels, 39 
trawl catcher/processors, and 11 motherships and floating processors 
participated in the Alaska groundfish fisheries.
    The PSD permits are issued to NFS for a 3-year period unless 
suspended or revoked. They may not be transferred, but they may be 
renewed following the application procedures in Sec. 679.26.
    If the authorized distributor modifies any information on the PSD 
permit application submitted under Sec. 679.26(b)(1)(xi) or 
(b)(1)(xiii), the authorized distributor must submit a modified list of 
participants or a modified list of delivery locations to the Regional 
Administrator.
    These permits may be suspended, modified, or revoked under 15 CFR 
part 904 for noncompliance with terms and conditions specified in the 
permit or for a violation of this section or of other regulations in 50 
CFR part 679.

Classification

    This action is taken under 50 CFR Sec. 679.26.

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

    Dated: July 12, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-18164 Filed 7-17-02; 8:45 am]
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