Fisheries of the Exclusive Economic Zone Off Alaska; Delay of the Pollock Season

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. ; I.D. 052896A]

RIN 0648-A158

Fisheries of the Exclusive Economic Zone Off Alaska; Delay of the

Pollock Season

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is delaying 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).

NMFS is also prohibiting vessels from participating in the directed

pollock fishery for 7 days after the September 1 opening if the vessel

participated in any of the directed groundfish fisheries in the Gulf of

Alaska (GOA) or in the BSAI during any portion of the 7-day period

prior to the September 1 opening. 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).

EFFECTIVE DATE: August 15, 1996.

ADDRESSES: Copies of the environmental assessment/regulatory impact

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

the original 1993 non-roe 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 by regulations that appear at 50 CFR part 679.

Under regulations at Sec. 679.20(a)(5)(i)(A), the initial total

allowable catch (TAC) amounts specified for pollock in the BSAI

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. 679.20(a).

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 prompted the Council to

recommend a delay in the opening date of the pollock non-roe season

from August 15 to September 1 to provide pollock processors the

opportunity to participate in the processing operations for late-run

pink salmon. A proposed rule to implement the Council's recommendation

was published in the Federal Register on June 12, 1996 (61 FR 29726).

Public comment was invited through July 8, 1996. No letters of comment

were received. No changes to the proposed rule are made in the final

rule, except to incorporate the regulatory format into the new

consolidated regulations governing the fisheries in Federal waters off

Alaska (50 CFR part 679).

This rule annually delays the opening of the pollock non-roe season

until September 1 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 are exempt from the season ending date restriction. This final

rule also prohibits a vessel 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 GOA

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

pollock non-roe season (i.e., from noon A.l.t., August 25 until noon,

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

[[Page 39602]]

pollock fishery are exempt from this prohibition.

Further justification for each of the measures implemented under

the final rule is discussed in the preamble to the proposed rule.

Classification

The Director, Alaska Region, NMFS, determined that this final rule

is necessary for the conservation and management of the BSAI fisheries

and that it is consistent with the Magnuson Act and other applicable

laws.

The Council prepared an FRFA as part of the RIR prepared for the

1993 delay of the non-roe season to August 15. A copy of this analysis

as well as the supplemental analysis prepared by the Council for the

season delay to September 1 is available from the Council (see

ADDRESSES).

An informal consultation under the Endangered Species Act was

initiated for this action on April 30, 1996. As a result of the

informal consultation, the Regional Director determined that fishing

activities conducted under this rule are not likely to adversely affect

endangered or threatened species or critical habitat.

The Assistant Administrator for Fisheries, NOAA (AA), has

determined, under the authority of 5 U.S.C. 553(d)(3), that good cause

exists to waive a portion of the 30-day delayed effectiveness period

for this rule. The AA finds that it is contrary to the public interest

to delay the effectiveness of this rule for 30 days because it conveys

a benefit to the fishing industry that would be denied it if the

opening of the fishery were not delayed from August 15. By delaying the

start of the fishery on August 15, processors will be able process pink

salmon during a time when they otherwise would be processing pollock.

Waiving a portion of the delayed effectiveness period and making this

action effective August 15 will allow certain processors to provide a

different market for pink salmon products and more fully utilize

available pink salmon resources, which will increase the economic value

of pink salmon. Once pink salmon processing has concluded, these

processors will be able to commence pollock production at the same time

as other processors that might not participate in pink salmon

production. If part of the delayed effectiveness period were not

waived, the pollock season would start on August 15, and then close

shortly thereafter when the 30-day delayed effectiveness period

expired. Such an abrupt opening and subsequent closure would be costly

to the industry and confusing as well. In addition, some processors

could be denied the opportunity to process pink salmon unless they

decided to forego some opportunities to process pollock, which is an

unlikely even because the pollock resource is more valuable.

The AA also finds that it is unnecessary to delay the effectiveness

of this rule for 30 days because based on public testimony before the

Council, the pollock and salmon industries already anticipate a delay

in the opening of the pollock fishery from August 15 to September 1 and

have planned accordingly.

This final rule has been determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

Fisheries, Reporting and recordkeeping requirements

Dated: July 25, 1996.

Charles Karnella,

Acting Deputy Assistant Administrator for Fisheries, National Marine

Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 679 is 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.

2. In Sec. 679.20, paragraph (a)(5)(i)(A) is revised to read as

follows:

Sec. 679.20 General limitations.

(a) * * *

(5) * * *

(i) * * *

(A) Seasonal allowances. The TAC of pollock in each subarea or

district of the BSAI will be divided, after subtraction of reserves,

into two allowances. The first allowance will be available for directed

fishing from 0001 hours Alaska local time (A.l.t.) January 1 through

1200 hours, A.l.t. , April 15. The second allowance will be available

for directed fishing from 1200 hours, A.l.t., September 1 through 1200

hours 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. 679.23, paragraph (e)(2) is revised, paragraph (e)(3)

and paragraph (e)(4)(iii) are removed, and paragraph (e)(4) is

redesignated as paragraph (e)(3) to read as follows:

Sec. 679.23 Seasons.

* * * * *

(e) * * *

(2) Directed fishing for pollock. (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 is authorized

from 0001 hours, A.l.t., January 1, through 1200 hours, A.l.t, April

15, and from 1200 hours A.l.t., September 1, through 1200 hours A.l.t,

November 1, of each fishing year.

(ii) Applicable through December 31, 1998. (A) Subject to other

provisions of this part and except as provided in paragraphs

(e)(2)(ii)(B) and (e)(2)(ii)(C) of this section, directed fishing for

pollock by the offshore component, defined at Sec. 679.2 of this part,

or by vessels delivering pollock to the offshore component, is

authorized from 1200 hours A.l.t., January 26, through 1200 hours

A.l.t., April 15.

(B) Directed fishing for pollock by the offshore component, or

vessels delivering pollock to the offshore component is prohibited

through 1200 hours, A.l.t., February 5, for those vessels that are used

to fish prior to 1200 hours, A.l.t., January 26, for groundfish in the

BSAI, groundfish in the GOA, as defined at Sec. 679.2, or king or

Tanner crab in the BSAI, as defined at Sec. 679.2.

(C) Neither paragraphs (e)(2)(ii)(B) nor (e)(2)(iii) of this

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

for pollock prior to 1200 hours, A.l.t., January 26, or during the

period that extends from 1200 hours, A.l.t., August 25, through 1200

hours A.l.t., September 1, under the Western Alaska Community

Development Quota program pursuant to subpart C and

Sec. 679.23(e)(2)(ii)(D) of this section.

(D) Directed fishing for pollock under the Western Alaska Community

Development Quota program pursuant to subpart C of this part is

authorized from 0001 hours A.l.t, January 1, through the end of the

fishing year.

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

pollock season defined at paragraph (e)(2)(i) of this section through

1200 hours, A.l.t., September 8, for any vessel that is used to fish

with trawl gear for groundfish in the BSAI or the GOA as defined at

Sec. 679.2 of this part, between 1200 hours A.l.t., August 25, and 1200

hours A.l.t., September 1.

* * * * *

[FR Doc. 96-19334 Filed 7-25-96; 4:20 pm]

BILLING CODE 3510-22-F