Groundfish Fishery of the Bering Sea and Aleutian Islands Area

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 940958-4329; I.D. 081894A]

RIN 0648-AH29

Groundfish Fishery of the Bering Sea and Aleutian Islands Area

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 delay the opening of the first

(roe) directed fishing season for the 1995 offshore component pollock

fishery in the Bering Sea and Aleutian Islands management area (BSAI)

by delaying the opening of the trawl fishery, the only gear type used

in the fishery, from January 20 to January 26. This action is necessary

to increase the likelihood of harvesting pollock when roe quality is

optimum and thus increase revenues from the BSAI pollock processed by

the offshore component during the roe season. The regulations also

prohibit vessels used to fish for BSAI or Gulf of Alaska (GOA)

groundfish or BSAI king or Tanner crab prior to January 26 from

participating in the offshore component pollock fishery until February

5. This 10-day prohibition on entry into the offshore component fishery

does not apply to vessels used to fish exclusively in the Western

Alaska Community Development Quota (CDQ) program prior to January 26

and is necessary to discourage participants in the offshore component

pollock fishery from contributing to increased fishing effort in other

fisheries prior to the start of the offshore component roe season.

These actions are intended to promote the fishery management objectives

of the Fishery Management Plan (FMP) for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area.

EFFECTIVE DATE: January 12, 1995.

ADDRESSES: Copies of the environmental assessment/regulatory impact

review/final regulatory flexibility analysis (EA/RIR/FRFA) may be

obtained from the Alaska Region, National Marine Fisheries Service,

P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel.

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

Fishing for groundfish by vessels in the exclusive economic zone of

the BSAI is managed by NMFS according to the FMP for the Groundfish

Fishery of the Bering Sea and Aleutian Islands Area. The FMP was

prepared by the North Pacific Fishery Management Council (Council)

under the Magnuson Fishery Conservation and Management Act and is

implemented by regulations governing the U.S. groundfish fisheries at

50 CFR parts 620, 675, 676, and 677.

Regulations at 50 CFR 675.23(e) establish two fishing seasons for

BSAI pollock. The first (roe) directed fishing season extends from

January 1 until April 15. The second (nonroe) season extends from

August 15 through the end of the fishing year. Since 1992, regulations

at Sec. 673.23(d) have prohibited fishing for groundfish with trawl

gear until January 20 of each fishing year (57 FR 381, January 6,

1992). Nontrawl fisheries for pollock do not exist.

This action delays the opening date of the 1995 offshore component

directed pollock roe trawl fishery in the BSAI from January 20 to

January 26 to increase the likelihood of harvesting pollock when roe

quality is optimum. The large harvesting capacity in the offshore

component has resulted in a fast-paced fishery of decreasing duration

(in 1994 the directed trawl fishery was opened for a 29-day period from

January 20 until February 18) that, in the past, has closed before the

period of prime roe quality, which peaks between the 10th and 20th of

February. This delay of the offshore component pollock roe fishery (all

gear) will increase the likelihood that the offshore component season

will encompass the time period of prime roe quality.

This action also prohibits vessels used to fish for BSAI or GOA

groundfish or BSAI king or Tanner crab prior to January 26 from

participating in the offshore component pollock fishery until February

5. This 10-day prohibition on entry into the offshore component fishery

does not apply to vessels used to fish exclusively in the BSAI pollock

CDQ program prior to January 26. This prohibition is intended to

discourage a shift in fishing effort into other fisheries by pollock

vessels prior to January 26.

A proposed rule to implement this action was published in the

Federal Register September 26, 1994 (59 FR 49051). Comment on the

proposed rule was invited through October 26, 1994. Two letters were

received in support of the proposed action and one letter was received

in opposition. The three letters are summarized in the Response to

Comments section, below.

NMFS has determined that a delay of the offshore component pollock

roe season is consistent with the Magnuson Act and has approved it. The

necessity for and description of this action are explained further in

the preamble to the proposed rule. This season delay is effective only

through December 31, 1995, when regulations authorizing the allocation

of pollock between the inshore and offshore component expire.

Response to Comments

Three letters were received within the comment period. A summary of

the comments and NMFS' response follows:

Comment 1. The proposed delay of the roe season for the offshore

component pollock fishery will have a positive economic effect by

increasing the chance that pollock will be harvested when roe quality

and yield are best and the price is highest.

Response. NMFS agrees that a delay of the offshore component

pollock roe season should have positive economic benefits and has

approved the action.

Comment 2. The proposed 10-day delay of the opening date to

February 5 for nonCDQ vessels that are used to participate in other

fisheries before January 26 sufficiently addresses concerns about the

potential for increased fishing effort in other fisheries prior to this

date.

Response. The proposed rule requires vessel owners/operators to

choose between participating in the offshore component pollock fishery

during the period January 26 through February 5 or participating in

other fisheries between January 20, the start of the BSAI trawl season,

and January 26. Those vessels used to fish for BSAI or GOA groundfish

or BSAI crab prior to January 26 are prohibited from entering the

offshore pollock roe season until February 5. This prohibition does not

apply to vessels used to participate exclusively in the BSAI pollock

CDQ program prior to January 26. NMFS agrees that this prohibition

addresses the intent of the Council to significantly reduce the

incentive to participants in the offshore pollock fishery to enter

other fisheries prior to January 26. This prohibition, therefore, was

approved as part of the rule implementing the proposed delay of the

offshore pollock roe fishery.

Comment 3. The proposed action precludes pollock catcher vessels

from participating in other fisheries prior to January 26 simply

because they choose to participate in the offshore component pollock

roe fishery. As a result, the proposed action takes away fishing

opportunity that currently exists and should not be implemented at this

time.

Response. NMFS acknowledges that limitations on the participation

in other fisheries prior to the opening of the offshore pollock fishery

could reduce potential revenues of vessels used to target on more than

one species during the pollock roe season. This rule prohibits vessels

from participating in other fisheries prior to January 26 if the

vessels' owners/operators wish to participate in the offshore component

pollock fishery prior to February 5. Nonetheless, NMFS has approved

this limitation after considering the intent of the Council to minimize

the preemptive impact on other fisheries that could have otherwise

resulted from the delay of the offshore pollock roe fishery.

Changes From the Proposed Rule

This final rule has been corrected to redesignate paragraphs to

correspond to Federal Register format. The final rule also is revised

from the proposed rule to clarify the intent that vessels used to

participate in the CDQ pollock fishery before January 26 are not

subject to the 10-day prohibition on entry into the offshore component

pollock fishery for vessels used to fish for BSAI or GOA groundfish or

BSAI king or Tanner crab prior to January 26.

Classification

NMFS prepared a FRFA as a part of the RIR. A copy of this analysis

is available from NMFS (See ADDRESSES).

This final rule has been determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 675

Fisheries, Reporting and recordkeeping requirements.

Dated: December 12, 1994.

Charles Karnella,

Acting Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, part 675 is amended as

follows:

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

1. The authority citation for part 675 continues to read as

follows:

Authority: 16 U.S.C. 1801 et seq.

2. In Sec. 675.23, paragraph (e) is revised to read as follows:

Sec. 675.23 Seasons.

* * * * *

(e) Directed fishing for pollock. (1) Subject to other provisions

of this part, and except as provided in paragraph (e)(2) of this

section, directed fishing for pollock is authorized from January 1,

until noon, A.l.t., April 15, and from noon, A.l.t., August 15, through

the end of the fishing year.

(2) Applicable through December 31, 1995. (i) Subject to other

provisions of this part and except as provided in paragraph (e)(2)(ii)

of this section, directed fishing for pollock by the offshore

component, defined at Sec. 675.2, or by vessels delivering pollock to

the offshore component, is authorized from noon, A.l.t., January 26,

until noon, A.l.t., April 15 and from noon, A.l.t., August 15, through

the end of the fishing year. Directed fishing for pollock under the

Western Alaska Community Development Quota program pursuant to

Sec. 675.27 is authorized from January 1, through the end of the

fishing year.

(ii) Directed fishing for pollock by the offshore component or

vessels delivering pollock to the offshore component is prohibited

until noon, A.l.t., February 5, for those vessels that are used to fish

prior to noon, A.l.t., January 26, for groundfish in the Bering Sea and

Aleutian Islands management area, groundfish in the Gulf of Alaska, as

defined at Sec. 672.2 of this chapter, or king or Tanner crab in the

Bering Sea and Aleutian Islands area, as defined at Sec. 671.2 of this

chapter. This paragraph (e)(2)(ii) does not apply to vessels used to

fish exclusively in a directed fishery for pollock prior to noon,

A.l.t., January 26, under the Western Alaska Community Development

Quota program pursuant to Sec. 675.27.

[FR Doc. 94-30978 Filed 12-13-94; 4:57 pm]

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