[Federal Register Volume 68, Number 213 (Tuesday, November 4, 2003)]
[Proposed Rules]
[Pages 62423-62425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27605]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031016262-3262-01; I.D. 100603E]
RIN 0648-AR08


Fisheries of the Exclusive Economic Zone off Alaska; 
Recordkeeping and Reporting

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This action revises the descriptions of Gulf of Alaska (GOA) 
statistical and reporting areas 620 and 630 in Figure 3b to part 679 to 
include the entire Alitak/Deadman's/Portage Bay complex of Kodiak 
Island within area 620. This action is necessary to improve quota 
management and fishery enforcement in the GOA. This action is intended 
to meet the conservation and management requirements of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
and to further the goals and objectives of the GOA groundfish fishery 
management plan.

DATES: Comments must be received by December 4, 2003.

ADDRESSES: Comments should be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Durall, or delivered 
to the Federal Building, NMFS, 709 West 9th Street, Room 420, Juneau, 
AK 99801. Comments may be sent via facsimile to 907-586-7557. Comments 
will not be accepted if submitted by email or the Internet. Copies of 
the regulatory impact review/initial regulatory flexibility analysis 
(RIR/IRFA) prepared for this action may also be obtained from the same 
address, or by calling the Alaska Region, NMFS, at 907 586-7228.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008 or 
[email protected].

SUPPLEMENTARY INFORMATION: The U.S. groundfish fisheries of the GOA in 
the

[[Page 62424]]

exclusive economic zone (EEZ) are managed by NMFS under the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP). The FMP was 
prepared by the North Pacific Fishery Management Council (Council) 
under the Magnuson-Stevens Act and is implemented by regulations at 50 
CFR part 679. General regulations that also pertain to U.S. fsheries 
appear at subpart H of 50 CFR part 600.

Background and Need for Action

    The boundary between GOA statistical and reporting areas 620 and 
630 near Kodiak Island, Alaska, is 154[deg]W. longitude from the south 
side of the Alaska Peninsula, southward to the limits of the EEZ off 
Alaska. On Kodiak Island, this line of longitude bisects Alitak/
Deadman's/Portage Bay complex, a large, deep bay on the south end of 
the island. Frequently, substantial pollock fishing takes place in this 
bay.
    This division of the bay into two separate reporting areas is 
impractical for quota management and enforcement purposes. When either 
of the two areas is open to pollock fishing, and the other area is 
closed, vessels will fish in the bay on the ``open'' side of the line. 
The area of the Alitak/Deadman's/Portage Bay complex of Kodiak Island 
would be much more efficiently enforced if the bay were either all open 
or all closed.
    In addition, because the mouth of the bay is totally contained in 
area 620, the waters within the bay logically should be included in 
area 620.
    This action revises the description of statistical and reporting 
areas 620 and 630 in Figure 3b by including all waters of the Alitak/
Deadman's/Portage Bay complex of Kodiak Island within area 620 and 
excluding all such waters from area 630.

Classification

    At this time, NMFS has not determined whether the amendment that 
this proposed rule would implement is consistent with the national 
standards of the Magnuson-Stevens Act and other applicable laws. NMFS, 
in making that determination, will take into account the data, views, 
and comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    This proposed rule does not duplicate, overlap, or conflict with 
other Federal regulations.
    NMFS prepared an IRFA that describes the impact this action may 
have on small entities. The need, justification, and economic impacts 
for the actions in this proposed rule, as well as impacts of the 
alternatives considered, were analyzed in the RIR/IRFA prepared for 
this action (see ADDRESSES). A summary appears below.
    The RIR/IRFA evaluates a regulatory amendment to consolidate all 
waters in the Alitak/Deadman's/Portage Bay complex on southwestern 
Kodiak Island within Federal groundfish statistical and reporting area 
620.
    The current division of the bay complex between areas 620 and 630 
means that different parts of the bay open and close on different 
schedules. Openings and closures in the lower part of the bay complex 
are driven by Area 620 openings and closures, while openings and 
closures in the upper part, including Deadman's and Portage Bays, are 
driven by openings and closures in Area 630. The part of the bay in 
Area 620 has tended to be open more days per year in recent years.
    Deadman's Bay has deep water that is suitable for pollock mid-water 
trawling. The waters are relatively protected, and suitable for small 
vessels. The deep water in Area 620 is relatively constricted and 
dotted with pinnacles, making these waters less suitable for pollock 
fishing. This action would place the pollock grounds in Deadman's Bay 
under the Area 620 openings and closing schedule, and should give 
fishermen more days of access to them in a typical year.
    A Regulatory Impact Review was prepared to address the requirements 
of E.O. 12866 which requires an evaluation of the costs and benefits, 
and of the significance, of regulatory actions.
    The proposed regulatory amendment will reduce fishing costs. 
Fishermen will have increased opportunities to fish in Deadman's Bay in 
most years. The increase in the number of fishing days available in 
Deadman's Bay will not be offset by reductions in fishing days anywhere 
else. Additional fishing days will increase the choices available to 
fishermen. This should not increase their costs, since they would not 
take advantage of the new opportunities if it did so. They will take 
advantage of the opportunities if these decrease their costs.
    The amendment will have minor benefits for fisheries management. 
All of this area is currently surveyed as part of Area 620. Thus, it 
will be biologically appropriate to add Deadman's and Portage Bays to 
Area 620. Moreover, this action will simplify the boundary between 
Areas 620 and 630 and make enforcement somewhat easier.
    Since there are positive benefits, and no identifiable costs, this 
regulatory amendment is expected to have positive net benefits. This 
action is not expected to be significant under the criteria specified 
in E.O. 12866.
    An IRFA was prepared to address the requirements of the Regulatory 
Flexibility Act (RFA) of 1980, as amended by the Small Business 
Regulatory Fairness Act of 1996 (50 CFR 603). The RFA requires an 
evaluation of the impact of certain Federal actions on small 
businesses, government jurisdictions, and non-profit organizations.
    The directly regulated entities in this action are groundfish 
catcher vessels targeting pollock with pelagic trawls in Alitak and 
Deadman's Bays. The number of vessels active in this fishery over the 
period from 1999 through 2002 ranged between 0 in 2000, and 30 in 1999. 
All of these are believed to have been small entities under the Small 
Business Administration (SBA) criteria NMFS uses to make these 
determinations for regulatory flexibility analyses. Average GOA trawl 
catcher vessel groundfish revenues were about $350,000 in 2001. Average 
ex-vessel revenues from targeted pollock trawling activity in the 
Alitak/Deadman's/Portage Bay complex were about $15,000 in 1998, about 
$18,000 in 1999, nothing in 2000, and about $15,000 in 2001.
    The analysis did not reveal any adverse economic impacts on the 
directly regulated small pelagic trawling operations. This analysis did 
not reveal any Federal rules that duplicate, overlap, or conflict with 
the proposed action.
    This analysis did not identify any alternatives to the preferred 
action that accomplished the objectives of the Magnuson-Stevens Act and 
that were better for small entities. Two alternatives were identified: 
(1) the status quo and (2) the reassignment of waters in the upper bay 
complex from Area 630 to Area 620. The status quo alternative did not 
make any changes that would increase the flexibility or reduce the 
fishing costs of the small fishing operations active in the area, while 
alternative 2, by increasing fishing time in Deadman's Bay in most 
years, did so. The status quo alternative neither meets the objectives 
of the proposed action nor increases the fishing opportunities 
available to fishermen. Alternative 2, the preferred alternative, does 
both.
    This action does not impose new reporting, recordkeeping or other 
compliance requirements on regulated small entities.
    This action does not have any adverse impacts on regulated small 
entities.

[[Page 62425]]

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: October 28, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For reasons set out in the preamble, 50 CFR part 679 is proposed to 
be amended to read 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. 773 et seq., 1801 et seq.; 3631 et seq.; 
Title II of Division C, Pub. L. 105-277; Sec 3027, Pub. L. 106-31; 
113 Stat. 57; 16 U.S.C. 1540(f); and Sec. 209, Pub. L. 106-554.

Figure 3b to Part 679--[Amended]

    2. Figure 3b to Part 679 is revised as follows:

  Figure 3 to Part 679. Gulf of Alaska Statistical and Reporting Areas
                  (Updated October 2003) b. Coordinates
------------------------------------------------------------------------
                   Code                              Description
------------------------------------------------------------------------
610                                         Western GOA Regulatory Area,
                                             Shumagin District. Along
                                             the south side of the
                                             Aleutian Islands, including
                                             those waters south of
                                             Nichols Point (54[deg]51'
                                             30'' N lat) near False
                                             Pass, and straight lines
                                             between the islands and the
                                             Alaska Peninsula connecting
                                             the following coordinates
                                             in the order listed:
                                            52[deg]49.18' N,
                                             169[deg]40.47' W;
                                            52[deg]49.24' N,
                                             169[deg]07.10' W;
                                            53[deg]23.13' N,
                                             167[deg]50.50' W;
                                            53[deg]18.95' N,
                                             167[deg]51.06' W;
                                            53[deg]58.97' N,
                                             166[deg]16.50' W;
                                            54[deg]02.69' N,
                                             166[deg]02.93' W;
                                            54[deg]07.69' N,
                                             165[deg]39.74' W;
                                            54[deg]08.40' N,
                                             165[deg]38.29' W;
                                            54[deg]11.71' N,
                                             165[deg]23.09' W;
                                            54[deg]23.74' N,
                                             164[deg]44.73' W; and
                                            southward to the limits of
                                             the US EEZ as described in
                                             the current editions of
                                             NOAA chart INT 813 (Bering
                                             Sea, Southern Part) and
                                             NOAA chart 500 (West Coast
                                             of North America, Dixon
                                             Entrance to Unimak Pass),
                                             between 170[deg]00' W long
                                             and 159[deg]00' W long.
620                                         Central GOA Regulatory Area,
                                             Chirikof District. Along
                                             the south side of the
                                             Alaska Peninsula, between
                                             159[deg]00' W long and
                                             154[deg]00' W long, and
                                             southward to the limits of
                                             the US EEZ as described in
                                             the current edition of NOAA
                                             chart 500 (West Coast of
                                             North America, Dixon
                                             Entrance to Unimak Pass)
                                             except that all waters of
                                             the Alitak/Deadman's/
                                             Portage Bay complex of
                                             Kodiak Island are included
                                             in this area.
630                                         Central GOA Regulatory Area,
                                             Kodiak District. Along the
                                             south side of continental
                                             Alaska, between 154[deg]00'
                                             W long and 147[deg]00' W
                                             long, and southward to the
                                             limits of the US EEZ as
                                             described in the current
                                             edition of NOAA chart 500
                                             (West Coast of North
                                             America, Dixon Entrance to
                                             Unimak Pass), excluding all
                                             waters of the Alitak/
                                             Deadman's/Portage Bay
                                             complex of Kodiak Island
                                             and Area 649.
640                                         Eastern GOA Regulatory Area
                                             West Yakutat District.
                                             Along the south side of
                                             continental Alaska, between
                                             147[deg]00' W long and
                                             140[deg]00' W long, and
                                             southward to the limits of
                                             the US EEZ, as described in
                                             the current edition of NOAA
                                             chart 500 (West Coast of
                                             North America, Dixon
                                             Entrance to Unimak Pass).
                                             Excluding area 649.
649                                         Prince William Sound.
                                             Includes those waters of
                                             the State of Alaska inside
                                             the base line as specified
                                             in Alaska State regulations
                                             at 5 AAC 28.200.
650                                         Eastern GOA Regulatory Area,
                                             Southeast Outside District.
                                             East of 140[deg]00' W long
                                             and southward to the limits
                                             of the US EEZ as described
                                             in the current edition of
                                             NOAA chart 500 (West Coast
                                             of North America, Dixon
                                             Entrance to Unimak Pass).
                                             Excluding area 659.
659                                         Eastern GOA Regulatory Area,
                                             Southeast Inside District.
                                             As specified in Alaska
                                             State regulations at 5 AAC
                                             28.105 (a)(1) and (2).
660                                         GOA outside the U.S. EEZ as
                                             described in the current
                                             editions of NOAA chart INT
                                             813 (Bering Sea, Southern
                                             Part) and NOAA chart 500
                                             (West Coast of North
                                             America, Dixon Entrance to
                                             Unimak Pass).
------------------------------------------------------------------------
Note: A statistical area is the part of a reporting area contained in
  the EEZ.

[FR Doc. 03-27605 Filed 11-3-03; 8:45 am]
BILLING CODE 3510-22-S