Pacific Halibut Fisheries

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 301

[Docket No. 940381-4081; I.D. 031194B]

RIN 0648-AG09

Pacific Halibut Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule and request for comments.

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SUMMARY: NMFS issues a proposed rule to implement certain allocative

regulations governing fishing for halibut in Regulatory Area 4B as

recommended by the North Pacific Fishery Management Council (Council).

This action is necessary to enhance the fishing opportunities of small,

locally based vessels in Area 4B. It is intended to further the goals

and objectives of the Council with respect to the Pacific halibut

fishery.

DATES: Comments on the proposed rule and supporting documents,

especially the environmental assessment/regulatory impact review/

initial regulatory flexibility analysis (EA/RIR/IRFA), are invited

until April 29, 1994.

ADDRESSES: Comments should be addressed to Ronald J. Berg, Chief,

Fisheries Management Division, NMFS, 709 W. 9th Street, room 457-1,

P.O. Box 21668, Juneau, AK 99802-1668. Copies of the EA/RIR/IRFA may be

obtained by contacting the North Pacific Fishery Management Council,

P.O. Box 103136, Anchorage, AK 99510, 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Jay J. C. Ginter, Fishery Management

Biologist, NMFS, Alaska Region, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

The fishery for Pacific halibut (Hippoglossus stenolepis) off the

coasts of Alaska, British Columbia, Washington, Oregon, and California

is governed by the Convention for the Preservation of the Halibut

Fishery of the Northern Pacific Ocean and the Bering Sea (Convention)

signed by the United States and Canada in 1953. The Convention is

carried out by the International Pacific Halibut Commission (IPHC),

which develops regulations to manage the fishery. The United States and

Canada amended the Convention in 1979. The Northern Pacific Halibut Act

of 1982 (Halibut Act, Pub. L. 97-176) was subsequently enacted to give

effect to the 1979 Protocol.

Section 5(c) of the Halibut Act provides for the appropriate

Regional Fishery Management Council under the Magnuson Act to develop

regulations, including limited access regulations, governing the U.S.

portion of Convention waters and applicable to nationals or vessels of

the United States, which are in addition to, and not in conflict with,

regulations adopted by the IPHC. Since 1987 NMFS has interpreted this

provision to mean that regulations having domestic allocation of the

Pacific halibut resource as a primary purpose would be developed by the

Council with respect to Alaska and by the Pacific Fishery Management

Council with respect to Washington, Oregon, and California. Regulations

having biological conservation as a primary purpose are developed by

the IPHC. This policy does not necessarily prevent either Regional

Council from developing biological conservation regulations that are in

addition to and not in conflict with IPHC regulations. Neither does the

policy necessarily prevent the IPHC from developing regulations that

have secondary domestic allocation effects.

Area 4B Allocation

To determine the need for domestic allocation of Pacific halibut,

the Council solicited regulatory proposals from the public in July

1993. The Council received two such proposals that were reviewed and

evaluated by the Council's Halibut Regulatory Amendment Advisory Group

(RAAG). At its meeting of September 21-26, 1993, the Council reviewed

recommendations of the RAAG and decided to take action on one proposal

concerning the Area 4B fishery. The other proposal, which is undergoing

further study, concerned allocations to the halibut charter boat

fishery.

The Area 4B allocation proposal is designed to ameliorate the

effects caused by the differing harvest abilities of vessel operators

who catch and land all their halibut harvest in Area 4B, principally at

the Aleutian Islands community of Atka (single-area vessels), and who

catch and land halibut in other areas as well as Area 4B (multiple-area

vessels). Most single-area vessels are small relative to most multiple-

area vessels. This size differential means that multiple-area vessel

operators have an advantage in fishing power (i.e., a larger vessel has

more space for fish, fuel, and crew) and in fishing time (i.e., a

larger vessel can fish in weather conditions that would prevent smaller

vessels from fishing).

The Atka Fishermen's Association (AFA), which submitted the Area 4B

proposal and represents the interests of the single-area vessel

operators, believes that the single-area vessel operators are

competitively disadvantaged relative to multiple-area vessel operators.

To eliminate this competitive disadvantage, AFA proposed reserving 20

percent of the Area 4B catch limit for a series of 12-hour fishing

periods to be fished prior to the general open fishing period for Area

4B in August. AFA also proposed a 5,000 pound trip limit during the

early season 12-hour openings. Any amount of the 20 percent reserve

that is not harvested during the early season openings would be made

available in the later season openings. In making its proposal, AFA

assumed continuation of the existing clearance requirement for

multiple-area vessel operators fishing in Area 4. Generally, this

requirement at Sec. 301.14 provides for vessel clearance prior to

fishing during any fishing period in any part of Area 4 and before

unloading any halibut caught in this area. Single-area vessel operators

fishing in Area 4B are not required to obtain clearance. The proposed

combination of the 5,000-pound trip limit, the 12-hour fishing period,

and the vessel clearance requirement was intended to provide a

competitive advantage to single-area vessel operators by discouraging

multiple-area vessel operators from participating during the early

season fishing periods.

The IPHC has some experience in using short fishing periods to

control halibut harvests. Since 1989, the IPHC has managed the Area 4B

fishery with early season 12-hour fishing periods and later season

periods of 2 to 4 days duration. However, AFA did not believe that

these measures provided the harvest allocation priority it needed to

compete adequately with multiple-area vessels operated in Area 4B. For

example, during the 3-year period 1991, 1992, and 1993, an average of

11 single-area vessels were operated during the early season fishing

periods (i.e., prior to the August and later fishing periods) along

with an average of 26 multiple-area vessels. Fishermen operating

single-area vessels harvested about 44,300 pounds per year on average

during the early seasons of 1991-1993, while the comparable average

harvest of fishermen operating multiple-area vessels was about 394,300

pounds per year. This resulted in fishermen operating single-area

vessels taking about 15.2 percent of the total early season harvest on

average and fishermen operating multiple-area vessels taking about 84.8

percent on average. However, the early season harvest taken by

fishermen operating single-area vessels amounted to only 2.3 percent

per year on average of the total catch for the entire season in Area

4B.

After reviewing these and other data presented in the draft EA/RIR/

IRFA and public testimony, the Council, at its meeting of January 11-

15, 1994, decided to recommend to the Secretary of Commerce that 15

percent of the Area 4B catch limit be reserved for the early season

fishery during which there would be a 10,000-pound trip limit.

Reserving 15 percent was a compromise, an amount midway between the

amount recommended by AFA, 20 percent, and the 10 percent reserved in

Area 4B since 1989. The IPHC, at its meeting of January 25-28, 1994,

established the 1994 halibut catch limit for Area 4B as 2,100,000

pounds; 15 percent of this amount is 315,000 pounds. In the Area 4B

early season proposal by IPHC, single-area vessels could fish one 24-

hour period on June 6-7, 1994, and during 31 12-hour periods occurring

every other day between June 15 and August 14, 1994. If at any time a

total of 315,000 pounds was harvested, the area would be closed to

fishing until August 15, 1994. If a total of 315,000 pounds was not

taken by August 15, the difference between 315,000 pounds and the

amount taken would be added to the 1,785,000 allocated for the season

beginning August 15, 1994.

NMFS, upon reviewing the Council's recommendation, the EA/RIR/IRFA,

and public testimony, has preliminarily determined that a rule

implementing the Council's recommendation is necessary for conservation

and management of the Pacific halibut fishery. Therefore, NMFS proposes

this rule for public comment.

Classification

The EA/RIR/IRFA prepared for this proposed rule supports the

determination that this rule would have a significant economic impact

on a substantial number of small entities. All 25 vessels that

participated in the early season halibut fishery in Area 4B in 1993 are

small entities. Of these 25 vessels, seven vessels (28 percent) had

halibut landings over 10,000 pounds. One vessel landed 30,000 pounds,

the other six vessels landed less than 30,000 pounds. It is estimated

that, due to this rule's 10,000-pound trip limit, the vessels affected

may experience a reduction in annual gross revenue of at least 5

percent. As such, the percentage of small entities so affected, over 20

percent of the total small entities affected by this rule, as well as

the economic effect expected is sufficient to require an IRFA. Further

analysis supporting this determination can be found in the EA/RIR/IRFA

prepared for this proposed rule (see ADDRESSES).

This proposed rule is not subject to review under Executive Order

12866.

List of Subjects in 50 CFR Part 301

Fisheries, Treaties.

Dated: March 29, 1994.

Charles Karnella,

Acting Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 301 is

proposed to be amended as follows:

PART 301--PACIFIC HALIBUT FISHERIES

1. The authority citation for 50 CFR part 301 continues to read as

follows:

Authority: 5 UST 5; TIAS 2900; 16 U.S.C. 773-773k.

2. Section 301.7 is amended by revising paragraph (f) to read as

follows:

Sec. 301.7 Fishing periods.

* * * * *

(f) Notwithstanding paragraph (a) of this section, Area 4B will be

closed to halibut fishing when 315,000 pounds (143 metric tons) of the

catch limit specified in Sec. 301.10(a) of this part has been taken,

and will reopen as scheduled on August 15 for the remaining catch

limit.

* * * * *

3. Section 301.11 is amended by revising paragraph (g) to read as

follows:

Sec. 301.11 Fishing period limits.

* * * * *

(g) Notwithstanding paragraph (e) of this section, all vessels

fishing in Area 4B shall be limited to a maximum catch of 10,000 pounds

(4.5 mt) of halibut per fishing period from June 6 through August 14

inclusive.

* * * * *

[FR Doc. 94-7934 Filed 3-30-94; 1:04 pm]

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