[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Proposed Rules]
[Pages 31085-31087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12436]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 040521156-4156-01; I.D. 051704E]
RIN 0648-AS10


Fisheries of the Exclusive Economic Zone Off Alaska; Reduction to 
a Harvest Restriction for the Harvest Limit Area Atka Mackerel Fishery 
in the Aleutian Islands Subarea

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would remove a harvest 
restriction on participants in the harvest limit area (HLA) Atka 
mackerel fishery in the Aleutian Islands subarea. If approved, the 
regulatory amendments would allow participants assigned to an HLA 
fishery to harvest Atka mackerel outside of the HLA during the first 
HLA fishery in each season. This action would allow participants to 
harvest Atka mackerel

[[Page 31086]]

efficiently, would reduce competition with Steller sea lions for prey 
species within the HLA, and would not increase competition among 
participants in the groundfish fisheries. This action is intended to 
promote the goals and objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Islands (FMP), and other applicable laws.

DATES: Comments must be received by June 17, 2004.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
    [bul] Mail: P.O. Box 21668, Juneau, AK 99802.
    [bul] Hand Delivery to the Federal Building: 709 West 9th Street, 
Room 420A, Juneau, AK.
    [bul] Fax: 907-586-7557.
    [bul] E-mail: [email protected]. Include in the subject 
line of the e-mail the following document identifier: AM HLA Proposed 
Rule. E-mail comments, with or without attachments, are limited to 5 
megabytes.
    [bul] Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Copies of the Regulatory Impact Review (RIR) prepared for the 
proposed rule may be obtained from the mailing listed address above or 
from the NMFS Alaska Region website at www.fakr.noaa.gov.

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

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the Exclusive 
Economic Zone of the Bering Sea and Aleutian Islands management area 
are managed under the FMP. The North Pacific Fishery Management Council 
prepared the FMP under the authority of the Magnuson-Stevens Act, 16 
U.S.C. 1801, et seq. Regulations implementing the FMP appear at 50 CFR 
part 679. General regulations governing U.S. fisheries also appear at 
50 CFR part 600.

Background

    The western distinct population segment (DPS) of Steller sea lions 
has been listed as endangered under the Endangered Species Act, and 
critical habitat has been designated for this DPS (50 CFR 226.202). In 
order to protect Steller sea lions from jeopardy of extinction and 
their critical habitat from adverse modification from the effects of 
the groundfish fisheries, temporal and spatial harvest restrictions 
were established in regulations for the groundfish fisheries of Alaska 
(68 FR 204, January 2, 2003). Atka mackerel is an important prey 
species for Steller sea lions. Under the harvest restrictions, the 
harvest of Atka mackerel in the Aleutian Islands subarea is managed to 
control the amount of harvest over time and area. The details for 
managing the Atka mackerel fishery in 2004 are in the annual harvest 
specifications (69 FR 9242, February 27, 2004).
    The regulations at 50 CFR 679.20(a)(8) establish an HLA fishery to 
control the removal of Atka mackerel in the HLA. The details of the HLA 
fishery are explained in the proposed rule for Steller sea lion 
protection measures (67 FR 56692, September 4, 2002). The HLA is the 
waters of statistical areas 542 and 543 west of 178[deg] W longitude 
within 20 nm seaward of sites listed in Table 6 of 50 CFR part 679 and 
located west of 177[deg]57.00' W longitude. This area includes critical 
habitat for Steller sea lions and additional waters around haulouts 
that are considered important for Steller sea lion foraging.
    To reduce the amount of daily catch in the HLA by about half and to 
disperse the fishery over two areas, the Atka mackerel trawl fleet is 
divided into two groups assigned to fish in the HLA in either 
statistical area 542 or statistical area 543. HLA fisheries are 
conducted twice each season. One of the conditions of participating in 
the HLA fishery is a prohibition on participating in groundfish 
fisheries outside the HLA while the first assigned HLA fishery takes 
place each season. The intent of this prohibition is to ensure 
participants in the HLA fishery would not leave the HLA assignment 
unused and switch to another groundfish fishery at the same time, 
increasing competition with participants in other groundfish fisheries. 
The current regulations at Sec.  679.7(a)(19) and Sec.  679.20 
(a)(8)(iii) prohibit fishing for all groundfish outside the HLA, 
including Atka mackerel, during the first assigned HLA fishery in a 
season. The harvest of Atka mackerel outside of the HLA would not 
increase competition among Atka mackerel fishery and other groundfish 
fisheries participants because the locations and methods of harvest 
vary among groundfish fisheries. Therefore, the current regulations are 
more restrictive than necessary to prevent competition among groundfish 
fisheries participants. The current regulations also provide less 
protection to Steller sea lions than the proposed changes would provide 
because the current regulations actually require harvest of Atka 
mackerel inside the HLA during the first HLA fishery, potentially 
competing with Steller sea lions for prey.
    The intent of the HLA fishery was to reduce the rate of harvest of 
Atka mackerel in the HLA. This proposed action would allow participants 
in the HLA fishery to fish for Atka mackerel outside of the HLA during 
the first assigned HLA fishery in a season. The prohibition on fishing 
for groundfish species other than Atka mackerel during the first 
assigned HLA fishery would not be affected by the proposed change. This 
action would provide the potential for additional reduction in the rate 
of Atka mackerel harvest in the HLA, adding protection to Steller sea 
lions by potentially reducing competition and interaction with the Atka 
mackerel fleet. The proposed rule also would provide the fishing 
industry with additional locations during the first HLA fisheries to 
efficiently harvest Atka mackerel, without competing with other 
groundfish fisheries.

Classification

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
This action would not have an economic impact on any small entities. 
The ten groundfish entities that will be directly regulated by this 
action and currently participate in the Atka mackerel fishery are large 
entities according to criteria established by the Small Business 
Administration. That is, gross revenues exceed $3.5 million for each of 
these vessels. Although gross revenues were not estimated for some 
species harvested by these vessels, in each case over $3.5 million in 
gross revenues were identified. As a result, an initial regulatory 
flexibility analysis was not required and none was prepared.
    These vessels are catcher-processors fishing a diversified group of 
BSAI groundfish fisheries. In addition to Atka mackerel, these vessels 
make significant harvests of Pacific cod, yellowfin sole, rock sole, 
Pacific Ocean perch, and other species. The small entity threshold for 
catcher-processors is $3.5 million. Alaska Region estimates of gross 
revenues indicate that none of these vessels grossed less than $3.5 
million dollars. Five of these vessels are

[[Page 31087]]

believed to fish for a single firm. These entities would be treated as 
a single entity for purposes of the RFA because of their affiliations.
    The Regional Administrator determined that fishing activities 
conducted pursuant to this rule will not affect endangered and 
threatened species or critical habitat under the Endangered Species 
Act.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: May 26, 2004.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For reasons set out in the preamble, 50 CFR part 679 is proposed to 
be 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: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et 
seq.; 16 U.S.C. 1540(f); Pub. L. 105-277, Title II of Division C; 
Pub L. 106-31, Sec. 3027; and Pub. L.106-554, Sec. 209.

    2. In Sec.  679.7, paragraph (a)(19) is revised to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (a) * * *
    (19) Atka Mackerel HLA Groundfish Prohibition. For vessels 
registered for an Atka mackerel HLA directed fishery under Sec.  
679.20(a)(8)(iii), conduct directed fishing for groundfish, other than 
Atka mackerel, during the time period that the first Atka mackerel HLA 
directed fishery to which the vessel is assigned under Sec.  
679.20(a)(8)(iii)(B) is open.
* * * * *
    3. In Sec.  679.20, paragraph (a)(8)(iii)(F) is revised to read as 
follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (8) * * *
    (iii) * * *
    (F) Groundfish directed fishery prohibition. Vessels registering 
under paragraph (a)(8)(iii)(A) of this section are prohibited from 
participating in any groundfish directed fishery, other than Atka 
mackerel, during the opening of the first HLA directed fishery assigned 
to the vessel in a season, as specified in Sec.  679.7(a)(19).
* * * * *
[FR Doc. 04-12436 Filed 6-1-04; 8:45 am]
BILLING CODE 3510-22-S