Groundfish Fishery of the Bering Sea and Aleutian Islands; Delay of Pollock Season

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 960603156-6156-01; I.D. 052896A]

RIN 0648-A158

Groundfish Fishery of the Bering Sea and Aleutian Islands; Delay

of Pollock Season

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 proposes to delay from August 15 to September 1 of each

fishing year, the opening of the second (non-roe) directed fishing

season for pollock in the Bering Sea and Aleutian Islands management

area (BSAI). This action is necessary to allow some pollock processor

vessels and shoreside processing plants to more fully realize potential

salmon processing opportunities, particularly for late-run pink salmon.

This action is intended to further the objectives of the Fishery

Management Plan for the Groundfish Fishery of the Bering Sea and

Aleutian Island Area (FMP).

DATES: Comments must be received by July 8, 1996.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK

99802, Attn: Lori Gravel or delivered to the Federal Building, 709 West

9th Street, Juneau, AK.

Copies of the environmental assessment/regulatory impact review/

final regulatory flexibility analysis (EA/RIR/FRFA) prepared for the

original 1993 ``B'' season delay or the supplemental EA/RIR prepared

for this action may be obtained from the North Pacific Fishery

Management Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99510-

2252; telephone: 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Fishing for groundfish by U.S. vessels in the exclusive economic

zone of the BSAI is managed by NMFS according to the FMP. The FMP was

prepared by the North Pacific Fishery Management Council (Council)

under the Magnuson Fishery Conservation and Management Act (Magnuson

Act) and is implemented

[[Page 29727]]

by regulations that appear at 50 CFR parts 675 and 676. General

regulations that also govern U.S. fisheries appear at 50 CFR part 620.

Under regulations at Sec. 675.20(a)(2)(ii), the initial total

allowable catch (TAC) amounts specified for pollock in the Bering Sea

and Aleutian Islands subareas, and the Bogoslof district are divided

into two seasonal allowances. Subject to other regulatory provisions,

the first seasonal allowance is available for directed fishing from

January 1 until noon, A.l.t., April 15 (the ``roe'' or ``A'' season).

The second seasonal allowance is available for directed fishing from

noon A.l.t., August 15 through the end of the fishing year (the ``non-

roe'' or ``B'' season). NMFS annually apportions the initial pollock

TACs between the roe and non-roe seasons after consultation with the

Council during the annual groundfish TAC specification process set

forth at Sec. 675.20(a).

Prior to 1993 the opening of the non-roe season was June 1.

However, at its December 1992 meeting, the Council requested an

analysis to examine the alternatives for delaying the June 1 opening

date of the pollock ``B'' season. The original EA/RIR/FRFA, dated

February 2, 1993, contains a comprehensive examination of alternatives

to delay the pollock ``B'' season from June 1 to either July 1, August

1, or September 1. Based on the February 2, 1993, EA/RIR/FRFA, the

Council recommended a delayed opening date of August 15 for the pollock

``B'' season. This action was implemented by NMFS for the 1993 ``B''

season (58 FR 30997, May 28, 1993) and was intended to increase the

value of the pollock harvested during the ``B'' season by delaying the

directed fishery for pollock until pollock flesh quality and product

recovery rates were improved. The original delay also was intended to

provide participants in the pollock fishery increased opportunities to

fish in other groundfish fisheries and to develop salmon processing

capabilities during summer months.

Recent high abundance of Alaska pink salmon as well as poor salmon

market conditions, have caused renewed interest by the salmon industry

and groundfish processors to explore opportunities for new salmon

product types and markets. This interest has prompted the Council to

reconsider the opening date of the pollock ``B'' season to provide

pollock processors the opportunity to participate in the processing

operations for late-run pink salmon.

At its December 1995 meeting, the Council directed staff to prepare

an additional analysis for delaying the opening date of the pollock

``B'' season to September 1. An analysis was prepared to supplement the

original EA/RIR/FRFA prepared in 1993. This supplemental analysis

includes: (1) A summary of the original analysis from 1993 that

resulted in the current opening date of August 15, and (2)

supplementary information relevant to the current proposal to delay the

opening an additional 2 weeks until September 1.

After considering the original and supplemental analyses at its

April 1996 meeting, the Council recommended the September 1 opening

date for the pollock ``B'' season for both the inshore and the offshore

components, with a fixed season ending date of November 1 of each year.

Vessels participating in the Community Development Quota (CDQ) directed

pollock fishery would be exempt from the season ending date

restriction.

The Council's action also included a measure that would prohibit

vessels from participating in the directed pollock fishery during the 7

days after the September 1 opening (i.e., from noon A.l.t. September 1

until noon A.l.t. September 8) if the vessel participated in any

groundfish fishery in either the BSAI or the Gulf of Alaska (GOA)

during any portion of the 7-day period prior to the opening of the

pollock ``B'' season (i.e., from noon A.l.t., August 25th until noon,

September 1, A.l.t.). Vessels participating in the directed CDQ pollock

fishery would be exempt from this measure.

``B'' Season Delay

The impact of delaying the ``B'' season until September 1 was

examined in detail in the EA/RIR/FRFA (February 2, 1993) prepared for

the original season delay implemented in 1993. Additional information

is presented in the March 22, 1996, supplemental analysis prepared for

the current action (see ADDRESSES).

The 1993 analysis indicates that the impacts of a ``B'' season

delay would vary widely between different regions and species, as well

as from year to year. That analysis also indicates that, if the B

season is delayed until September 1, floating processors who

participated in the pollock ``B'' season would generally tend to

benefit from an additional economic opportunity to process salmon.

Onshore processors could lose as a result of increased competition in

the processing sector, which might lead to increased ex-vessel prices.

Salmon fishermen could benefit, at least in the short term, from

additional markets and increased competition, which might result in

higher ex-vessel prices. The effect on local Alaskan communities can

not be determined at the present time. It would depend on the net

effects of the ``B'' season delay on fishermen and processors and the

relative economic contribution of each to the communities.

A delay of the ``B'' season until September 1 could have impacts on

salmon bycatch. In previous years, the incidence of high chum salmon

bycatch has been greater around the opening of the pollock ``B'' season

compared to the incidence of chinook salmon bycatch that generally has

occurred later in the pollock ``B'' season. Shifting the opening of the

pollock ``B'' season to September 1 could decrease the likelihood of

high chum salmon bycatch and increase the likelihood of chinook salmon

bycatch. However, much of the bycatch occurrence is dependent on the

spatial and temporal distribution of the bycatch species and can change

from year to year. The impacts of shifting the pollock ``B'' season 2

weeks later in the year are difficult to quantify.

November 1 ``B'' Season End Date

Some concern exists about the potential effects of the continuation

of the pollock fishery later in the year when the pollock resource is

critical to the sea lion population. During the midwinter months of the

year (November, December, and January), pollock is a particularly

important element of the juvenile sea lion diet, as alternative prey

species are less available during this period. Juvenile sea lions also

are learning to forage on their own at this time and may be dependent

on concentrations of prey species to forage successfully.

To mitigate any potential adverse impacts on the sea lion

population, the Council recommended a ``B'' season ending date of

November 1, regardless of whether the directed pollock total allowable

catch (TAC) is taken by that time. Current estimates indicate that the

pollock fisheries for both the inshore and offshore sectors would

likely be completed by early October.

From a fisheries management perspective, placing a season ending

date of November 1 on the pollock ``B'' season could limit NMFS ability

to provide for a ``C'' season or ``clean-up'' fishery, which has in the

past been designed to allow harvest of remaining pollock TAC.

Typically, after the closure of the ``B'' season, the in-season

catch data from the pollock fishery are analyzed to determine if any

pollock TAC remains available for a directed fishery. Should sufficient

amounts remain, then NMFS can announce a ``C'' season opening.

[[Page 29728]]

However, under the circumstances of a delayed opening, which could

extend the ``B'' season into early October, reassessing the status of

the pollock TAC and announcing and possibly prosecuting a ``C'' season

fishery before the November 1 deadline may be difficult.

Seven-day ``No-trawl'' Measure

Data from the yellowfin sole fishery indicate that the amount of

halibut bycatch is much greater during the 2 weeks prior to the August

15 opening of the pollock ``B'' season than the amount of halibut

bycatch in subsequent weeks. This high halibut bycatch appears to be

due to a few vessels that experienced higher halibut bycatch than other

vessels fishing in the yellowfin sole fishery prior to the opening of

the ``B'' season. Crowding effects of the pollock vessels in the

yellowfin sole fishery may cause some vessels to fish in areas where

more halibut occur. High halibut bycatch in the yellowfin sole fishery

can cause a premature closure of the yellowfin sole fishery due to the

halibut prohibited species catch allowance being reached before the

yellowfin sole TAC is reached.

The high halibut bycatch and the Council's concerns about

preemption in the yellowfin sole fishery prompted the Council to

recommend a ``no-trawl'' fishing prohibition for vessels participating

in the pollock ``B'' season to reduce the likelihood that the pollock

vessels would participate in the yellowfin sole fisheries or

redistribute fishing effort to other trawl fisheries prior to the

opening of the pollock ``B'' season. Any vessel that fishes for

groundfish with trawl gear in the BSAI or GOA, during any portion of

the 7 days prior to the September 1 opening date of the pollock ``B''

season would be prohibited from directed fishing for pollock in the 7

days after September 1. Vessels participating in the CDQ directed

pollock fishery would be exempt from this prohibition.

Classification

The Council prepared an EA/RIR/FRFA in 1993, and a supplemental

analysis was prepared in 1996. The 1993 analysis, as supplemented, was

reviewed, and the economic analysis was found to be still valid. These

documents combine to comprise an initial regulatory flexibility

analysis for this action. The analysis indicates that the impacts could

vary across regions and from year to year. However, in general, as

stated above, floating processors who participate in the pollock B

season would tend to benefit from an additional economic opportunity to

process salmon. Onshore processors could lose revenues as a result of

increased competition among pollock processors. Finally, the effect on

local Alaskan communities can not be reliably determined at present and

would depend on the net impact of the delay. A copy of the 1993 EA/RIR/

FRFA and the 1996 supplement are available from the Council (see

ADDRESSES).

An informal section 7 consultation under the Endangered Species Act

was initiated for the proposed rule to determine any adverse effects of

the BSAI ``B'' season delay on Steller sea lions. The consultation

determined that the proposed delay in the fishery and the November 1

ending date of the ``B'' season would not likely result in any adverse

effects on Steller sea lions or critical habitat.

This proposed 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: June 7, 1996.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 675 is

proposed to be 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. 675.20, paragraph (a)(2)(ii) is revised to read as

follows:

Sec. 675.20 General limitations.

(a) * * *

(2) * * *

(ii) The TAC of pollock in each subarea or district will be

divided, after subtraction of reserves, into two allowances. The first

allowance will be available for directed fishing from January 1 until

noon, Alaska local time (A.l.t.), April 15. The second allowance will

be available for directed fishing from noon, A.l.t., September 1 until

noon A.l.t., November 1, of each fishing year. Within any fishing year,

unharvested amounts of the first allowance will be added to the second

allowance, and harvests in excess of the first allowance will be

deducted from the second allowance.

* * * * *

3. 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 paragraphs (e)(2) and (e)(3) of

this section, directed fishing for pollock is authorized from 00:01

a.m., A.l.t., January 1, until noon, A.l.t, April 15, and from noon

A.l.t., September 1 until noon A.l.t, November 1, of each fishing year.

(2) Applicable through December 31, 1998. (i) Subject to other

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

and (e)(2)(iii) of this section, directed fishing for pollock by the

offshore component, defined at Sec. 672.2 of this chapter, 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. Directed

fishing for pollock under the Western Alaska Community Development

Quota program pursuant to Sec. 675.27 of this part is authorized from

January 1, through the end of the fishing year.

(ii) Directed fishing for pollock by the offshore component, as

defined at Sec. 672.2 of this chapter, 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.

(iii) Neither paragraphs (e)(2)(ii) nor (e)(3) of this section

apply to vessels used to fish exclusively in a directed fishery for

pollock prior to noon, A.l.t., January 26, or during the period that

extends from noon, A.l.t., August 25, through noon A.l.t., September 1,

under the Western Alaska Community Development Quota program pursuant

to Sec. 675.27.

(3) Directed fishing for pollock is prohibited during the second

pollock season defined at paragraph (e)(1) of this section until noon,

A.l.t., September 8, for any vessel that is used to fish with trawl

gear for groundfish in the Bering Sea and Aleutian Islands management

area or the Gulf of Alaska as defined at Sec. 672.2 of this chapter,

between noon A.l.t., August 25, and noon A.l.t., September 1.

[FR Doc. 96-14926 Filed 6-7-96; 1:29 pm]

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