Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Seasonal Apportionments of Pollock

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 980331079-8079-01; I.D. 031198D]

RIN 0648-AK71

Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish

of the Gulf of Alaska; Seasonal Apportionments of Pollock

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; proposed amendment to change seasonal

apportionments of pollock; request for comments.

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SUMMARY: NMFS proposes to change the seasonal apportionment of the

pollock total allowable catch amount (TAC) in the combined Western and

Central (W/C) Regulatory Areas of the Gulf of Alaska (GOA) by moving 10

percent of the TAC from the third fishing season, which starts on

September 1, to the second fishing season, which starts on June 1. This

seasonal TAC shift is a precautionary measure intended to reduce the

potential impacts on Steller sea lions of pollock fishing under an

increased 1998 TAC by reducing the percentage of the pollock TAC that

is available to the commercial fishery during the fall and winter

months, a period that is critical to Steller sea lions. This action is

intended to promote the conservation and management objectives of the

Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).

DATES: Comments must be received by May 15, 1998.

ADDRESSES: Comments on the proposed rule must be sent to Sue Salveson,

Assistant Regional Administrator for Sustainable Fisheries, Alaska

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

Copies of the Environmental Assessment/Regulatory Impact Review (EA/

RIR) prepared for this action may be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228 or

[email protected]

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive

economic zone of the GOA are managed by NMFS under the FMP. The FMP was

prepared by the North Pacific Fishery Management Council (Council)

under the Magnuson-Stevens Fishery Conservation and Management Act

(Magnuson-Stevens Act). Regulations governing the groundfish fisheries

of the GOA appear at 50 CFR part 600 and 50 CFR part 679.

Current groundfish regulations apportion the pollock TAC in the W/C

Regulatory Areas among three statistical areas--610 (Shumagin), 620

(Chirikof), and 630 (Kodiak)--and divide the TAC apportioned to each

statistical area into three seasonal allowances of 25 percent, 25

percent, and 50 percent of the TAC, which become available on January

1, June 1, and September 1, respectively. The proposed rule would shift

10 percent of the TAC from the third to the second season resulting in

seasonal allowances of 25 percent, 35 percent, and 40 percent,

respectively.

In December 1997, the Council approved a 1998 pollock TAC of

119,150 metric tons (mt) for the W/C Regulatory Areas of the GOA. This

TAC represents a 60 percent increase from the 1997 pollock TAC of

74,400 mt. The GOA Plan Team and the Council's Scientific and

Statistical Committee recommended the increased TAC based on survey and

fishery data indicating increasing abundance and the presence of a

large 1994 year class. Despite the projected increase in the pollock

biomass available in the GOA, NMFS marine mammal biologists believe

that precautionary action is warranted to shift increases in pollock

fishing away from the fall and winter months, which are a critical

feeding period for Steller sea lions particularly juveniles and adult

females. Without action, 50 percent of the increased TAC would become

available to commercial fishing during the September fishing season,

substantially increasing the amount of fish that could be harvested in

that season and extending the fishery further into that season, a time

period considered particularly critical to Steller sea lions.

Current Status of Steller Sea Lions

NMFS has the authority to implement regulations necessary to

protect Steller sea lions under the Endangered Species Act (ESA) and

the Marine Mammal

[[Page 23713]]

Protection Act. Similarly, under the Magnuson-Stevens Act, NMFS has the

authority to regulate fishing activities that may be affecting sea

lions, directly or indirectly. In 1990, coincident with the listing of

Steller sea lion as threatened under the ESA (55 FR 12645; April 5,

1990), NMFS: (1) Prohibited entry within 3 nautical miles of listed

Steller sea lion rookeries west of 150 deg. W. long.; (2) prohibited

shooting at or near Steller sea lions; and (3) reduced the allowable

level of take incidental to commercial fisheries in Alaskan waters. As

a result of ESA section 7 consultations on the effects of GOA

groundfish fisheries, NMFS implemented additional protective measures

in 1991, 1992, and 1993 to reduce the effects of certain commercial

groundfish fisheries on Steller sea lion foraging.

On June 4, 1997, NMFS separated the Steller sea lion population

into eastern and western stocks and listed the western stock as

endangered under the ESA (62 FR 24345, May 5, 1997). The eastern stock

remains listed as threatened. The two stocks are separated at 144 deg.

W. long., or approximately at Cape Suckling, just east of Prince

William Sound. This stock separation was based on genetic differences

(mitochondrial DNA), different population trajectories (declining stock

in the west, stable or slightly increasing stock in the east), as well

as other factors. No additional management actions accompanied the 1997

change in ESA listing.

Since these measures were imposed, NMFS has been studying the

relationship between biomass removed by fisheries and declines in the

Steller sea lion population (Ferrero and Fritz, 1994). These studies

have been inconclusive, showing both positive and negative correlations

between harvest levels and Steller sea lion populations at various

locations in the GOA and Aleutian Islands. Because Steller sea lions

are long-lived with low reproductive rates, the effects, if any, of

these protective measures on the Steller sea lion population may be

slow to manifest themselves. For perspective, NMFS marine mammal

biologists estimate that fishing restrictions may need to be in place a

minimum of 10 years to observe effects in the population.

During June 1997, NMFS surveyed Steller sea lion populations in the

W/C Regulatory Areas of the GOA and the eastern Aleutians Islands. The

1997 survey included rookery and haul-out sites from Outer Island off

the Kenai Peninsula to the Umnak Island region. Numbers of non-pups at

rookery and haul-out trend sites in the survey area declined by 13.9

percent since 1994 and 10.3 percent since June 1996. The greatest

relative declines were in the central GOA (Kenai Peninsula to the

Semidi Islands), a region where non-pup numbers have declined each

survey since 1989. Numbers also declined at trend sites in the western

GOA and in the eastern Aleutian Islands, two regions where numbers are

depressed but have remained relatively steady since 1989. Considering

all sites surveyed each year since 1994 (approximately 50 percent more

animals than at trend sites only), numbers of non-pups remained stable

in the western Gulf and eastern Aleutian Islands (10,858 in 1994,

11,034 in 1996, 11,080 in 1997).

Importance of Pollock to Steller Sea Lions

At present, NMFS cannot fully characterize the foraging patterns

and preferences of Steller sea lions. Nevertheless, pollock is a major

component of their diet. Numerous studies of Steller sea lion diet

suggest that, in many areas, pollock is their most frequent prey item

(NMFS, 1995 Status review of the United States Steller Sea Lion

[Eumetopias jubatus] population). The leading hypothesis for the

decline of the Steller sea lion is the lack of available prey.

Therefore, the availability of pollock is a matter of considerable

management concern.

The pollock fishery in the Western Regulatory Areas occurs

substantially within Steller sea lion foraging areas. Harvest data

indicate significant pollock removals have occurred since 1977 from

areas designated as critical habitat under the ESA. The percentage of

total pollock catch in the GOA removed from within Steller sea lion

critical habitat has increased significantly from less than 10 percent

in the late 1970s to approximately 80 percent from 1983 to 1986. Except

for a high removal in 1988 (approximately 90 percent), the percentage

of the pollock catch removed from critical habitat dropped to

approximately 60 percent or less of the total catch in 1987-91.

Although as discussed above sea lion protective measures were put in

place in the early 1990s, the percentage of total pollock removed from

critical habitat has increased from the level seen in the late 1980s to

80 percent in 1993-96. This harvest has occurred principally within 20

nautical miles of rookeries and major haulouts. Additional information

on the status of Steller sea lions and the pollock fishery in the GOA

is available in the EA/RIR prepared for this action (See ADDRESSES).

Concerns Related to Current Pollock Seasonal Apportionments

The pollock fishery in the W/C Regulatory Areas of the GOA could

adversely affect the foraging success of Steller sea lions in three

major ways:

1. The fishery could deplete pollock stocks in a local geographic

area of foraging importance due to aggregation of fishing effort;

2. Fishing pressure could alter the age structure of fish stocks

targeted by a fishery, resulting in a shift in biomass from older to

younger age classes; and

3. Fishing could alter the actual and relative abundance of pollock

stocks in the GOA and increase the dominance of fish species that are

less desirable for Steller sea lions. (NMFS, Biological Opinion on the

Gulf of Alaska Groundfish Fishery Management Plan, 1991).

The first and third of these factors appear to have the greatest

significance to Steller sea lions. The first factor may be more

significant during late fall and winter, when sea lions, particularly

pregnant females and newly-weaned pups, may be more nutritionally-

stressed. Most Steller sea lions give birth to pups in June, and by

October, some of the pups are beginning to wean. For Steller sea lions,

weaning appears to be a protracted event. The post-weaning period may

be a critical transition in a sea lion's life history, as pups begin

foraging independently concurrent with more adverse winter conditions

(Merrick and Loughlin, 1997).

The 60 percent increase in TAC in the W/C Regulatory Areas has

raised two specific concerns related to the disproportionate percentage

of TAC currently apportioned to the third fishing season, which opens

September 1. The first concern is that, under a 60 percent TAC

increase, the third pollock season is expected to last longer,

increasing the time period during the third season in which sea lions

may be in competition with the commercial fishery for pollock prey.

Subsequent increases of TAC in future years could further aggravate

this trend during a time period that may be critical to sea lions.

The second concern is that harvest of a disproportionate percentage

of the TAC during a single time period may increase the likelihood that

the commercial fishery may deplete the pollock resource in localized

areas where Steller sea lions may forage. Since fishing activity is not

distributed evenly throughout the W/C Regulatory Areas, (i.e.,

fishermen tend to fish as close to the processing plant as possible),

there is a greater likelihood

[[Page 23714]]

that pollock stocks in certain localized areas could be depleted during

the third season, which currently has twice the TAC allowance of the

first and second seasons. While there is no evidence that such

localized depletions have any effect on the health of the pollock

stocks, the concern is that, if localized depletions occur near Steller

sea lion feeding areas, they may adversely affect Steller sea lions.

Section 7 Consultation on the 1998 GOA Pollock TAC Specifications

Based on the concerns cited above, NMFS initiated ESA section 7

consultation on the 1998 GOA pollock TAC specifications. In a

Biological Opinion dated March 2, 1998, NMFS described the proposed

action as follows:

The proposed action is to conduct the Gulf of Alaska pollock

fishery in 1998 with a 119,150 mt TAC divided among three seasons

starting January 20, June 1, and September 1. Final specifications

for the fishery will indicate a 25 percent, 25 percent, 50 percent

TAC distribution for the three seasons, but the June 1 and September

1 TAC levels will be revised through rulemaking to a distribution of

35 percent and 40 percent for the last two seasons. This

reapportionment will reduce the catch in the season beginning

September 1 and shorten the duration of this season's pollock

fishery. This measure will, therefore, minimize potential adverse

effects of the fishery on Steller sea lions during the winter

months, when weaned pups are learning to forage and adult females

may be both pregnant and lactating.

The Biological Opinion concluded that the proposed increase in the

TAC for pollock in the combined Western and Central Regulatory Areas of

the GOA fishery is not likely to jeopardize the continued existence of

the western population of Steller sea lions and is not likely to

destroy or adversely modify designated critical habitat for the species

in Alaska.

Amendment to Final 1998 W/C Regulatory Area Pollock TAC

Specifications

To implement the proposed rule in 1998, this action also would

amend Table 3 of the 1998 final harvest specifications for groundfish

of the GOA (63 FR 12027, March 12, 1998). Table 3 of the 1998

specifications would be revised as follows:

Table 3.--Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/C GOA);

Biomass Distribution, Area Apportionments, and Seasonal Allowances

[ABC for the W/C GOA is 119,150 metric tons (mt). Biomass distribution is based on 1996 survey data. TACs are

equal to ABC. Inshore and offshore allocations of pollock are not shown. ABCs and TACs are rounded to the

nearest 5 mt.]

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(mt)

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Statistical area Biomass 1998 ABC = Seasonal Allowances

percent TAC --------------------------------------

First Second Third

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Shumagin (610)................................. 25 29,790 7,450 10,430 11,910

Chirikof (620)................................. 42 50,045 12,510 17,515 20,020

Kodiak (630)................................... 33 39,315 9,830 13,760 15,725

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Total...................................... 100 119,150 29,790 41,705 47,655

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Classification

This proposed rule has been determined to be not significant for

the purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief Counsel for Advocacy of

the Small Business Administration that this proposed rule, if adopted,

will not have a significant economic impact on a substantial number of

small entities as follows:

In 1996, the most recent year for which vessel participation

data are available, 1,508 vessels participated in the groundfish

fisheries of the GOA; 1,254 longline vessels, 148 pot vessels, and

202 trawl vessels. All of these vessels may be considered small

entities under the Regulatory Flexibility Act and, all of these

vessels may encounter pollock in the course of their fishing

activity and are therefore, affected by regulations governing the

taking of pollock in the GOA. These small entities could experience

impacts from this rule in one of two ways depending on whether or

not they participate in the directed fishery for pollock in the W/C

Regulatory Area. The 1,412 vessels that do not engage in directed

fishing for pollock are nonetheless affected by regulations

governing the pollock fishery because improved retention/improved

utilization regulations require that the vessels retain and utilize

all pollock brought on board the vessel up to any maximum retainable

bycatch amount in effect for pollock, regardless of whether pollock

is the vessel's target fishery. A shift in pollock TAC from

September to June would have the effect of shortening the September

pollock fishery and lengthening the June pollock fishery.

Consequently, vessels engaged in fisheries other than pollock will

have a longer period in June during which all incidental pollock

catch must be retained, and a shorter period in September during

which all incidental catch of pollock must be retained. However,

this shift is not expected to have any economic effect on vessels

not engaged in directed fishing for pollock because all non-pollock

vessels maintain incidental catch rates for pollock that are below

the maximum retainable bycatch amount regardless of whether the

pollock fishery is open or closed.

Because potential economic impacts would fall primarily on the

vessels engaged in directed fishing for pollock, it is necessary to

consider these entities as a separate universe for purposes of the

Regulatory Flexibility Act. In 1996, 96 vessels, all of them trawl

catcher vessels, participated in the directed fishery for pollock in

the GOA. All of these vessels are considered small entities and all

could experience economic impacts as a result of this rule. The

projected exvessel value of the 1998 pollock fishery in the combined

W/C Regulatory Area is $25,670,006 under the status quo, and

$25,144,792 under the proposed action, which represents a 2 percent

reduction in exvessel value from the status quo. Therefore, the 96

vessels in the GOA that engage in directed fishing for pollock may

be expected to experience a 2 percent reduction in the exvessel

value of their pollock catch under the proposed action, relative to

the status quo. The actual impact on an individual vessel's gross

annual revenue would vary depending on how much of its total annual

revenue derives from the pollock fishery. Most vessels that engage

in directed fishing for pollock participate in other groundfish

fisheries and some also participate in crab and salmon fisheries as

well. Therefore, in no case would the effect of the proposed action

be a decrease greater than 2 percent of a vessel's gross revenue.

This reduction in gross revenue relative to the status quo is not

expected to force any small entities out of business, especially

given that the 60 percent increase in pollock TAC for 1998 will

result in a substantial increase in revenues to the pollock fishery

relative to 1997.

Because a reapportionment of pollock TAC under the proposed

action would not result in a reduction of gross annual revenue of

more than 2 percent for any vessel in the fishery, would not

increase total costs of

[[Page 23715]]

production, and would not increase total costs of production, and

would not increase compliance costs for small entities compared with

compliance costs as a percent of sales for large entities, this

action would not have a significant economic impact on a substantial

number of small entities. Consequently, an initial regulatory

flexibility analysis was not prepared.

Copies of the EA/RIR are available from NMFS (see ADDRESSES).

A formal section 7 consultation under the Endangered Species Act

was initiated for the 1998 final specifications for groundfish of the

GOA. In a biological opinion dated March 2, 1998, the Assistant

Administrator for Fisheries, NOAA, determined that fishing activities

conducted under this proposed rule are not likely to jeopardize the

continued existence of any endangered or threatened species under the

jurisdiction of NMFS or result in the destruction or adverse

modification of critical habitat.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: April 24, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the 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. 1801 et seq., 773 et seq., and 3631 et seq.

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

follows:

Sec. 679.20 General limitations.

(a) * * *

(5) * * *

(ii) * * *

(B) Seasonal allowances. Each apportionment will be divided into

three seasonal allowances of 25 percent, 35 percent, and 40 percent of

the apportionment, respectively, corresponding to the three fishing

seasons defined at Sec. 679.23(d)(2).

* * * * *

[FR Doc. 98-11472 Filed 4-29-98; 8:45 am]

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