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. 980331079-8144-09; 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: Final rule.

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SUMMARY: NMFS issues a final rule 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: Effective June 10, 1998.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact

Review (EA/RIR) prepared for this action may be obtained from the

Sustainable Fisheries Division, NMFS-Alaska Region, P.O. Box 21668,

Juneau, AK 99802, Attn: Lori J. Gravel.

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.

Regulations governing the groundfish fisheries of the GOA appear at 50

CFR parts 600 and 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. This final rule shifts 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.

The proposed rule for this action was published in the Federal

Register on April 30, 1998 (63 FR 23712). The proposed rule described

the Council's decision making process in recommending a 60-percent

increase in the 1998 pollock TAC for the W/C Regulatory Areas, the

current status of Steller sea lions in the W/C Regulatory Areas,

previous management actions taken to protect Steller sea lions in the

W/C Regulatory Areas, and current concerns related to the potential for

increased pollock fishing in the third season to impact Steller sea

lions. Additional information on this action is contained in the

preamble to the proposed rule (63 FR 23712, April 30, 1998) and in the

EA/RIR (see ADDRESSES).

Comments and Responses

Comments on the proposed rule were invited through May 15, 1998.

Two letters of comment were received on the proposed rule by the end of

the comment period and are summarized and responded to in the 5

comments below. No changes were made from the proposed rule in response

to comments.

Comment 1: NMFS failed to follow the precautionary principle by

allowing the Council to increase the 1998 pollock TAC by 60 percent.

The precautionary principle should clearly direct managers to minimize

human exploitation of the Steller sea lion's prey base. Instead, the

Council has substantially increased the allowable exploitation level of

a major component of the Steller sea lion's prey base and NMFS has

apparently offered no opposition to this decision. This is

unacceptable.

Response: Estimated pollock biomass is one of the principal factors

used to set the TAC for pollock in the W/C Regulatory Areas. As biomass

changes, either up or down, so changes the TAC. In 1998, the estimated

biomass of pollock in the W/C Regulatory Areas was bolstered

considerably by a very strong 1994 year class. The Council recommended

a TAC increase from the previous year to allow an increase in fishing

consistent with the estimated biomass. NMFS approved the 1998 pollock

TAC for the W/C Regulatory Areas as part of the final 1998

specifications for groundfish of the GOA (63 FR 12027, March 12, 1998).

The 1998 TAC will result in increased removal of pollock from the W/C

Regulatory Areas but is based on the fact that the biomass of pollock

in those areas has also increased. The information available indicates

that the unfished pollock biomass will be greater in 1998 than in 1997

despite the higher TAC.

This final rule reapportions 10 percent of the TAC from the third

to the second fishing season to reduce the percentage of pollock TAC

that is available to the commercial fishery during the fall and winter

months, a period that is critical to Steller sea lions. NMFS believes

the 1998 pollock fishery in the W/C Regulatory Areas will be managed in

a manner that will not jeopardize the continued existence of Steller

sea lions.

Comment 2: NMFS should reconsider its conclusions from its Section

7 consultation on the 1998 TAC. NMFS should insist that the Council

reduce the approved TAC increase (or eliminate it altogether) due to

the many potential adverse consequences it could have on the endangered

Steller sea lion population. NMFS should continue to oppose TAC

increases for pollock into the foreseeable future, at least until the

western population of Steller sea lions shows some sign of recovery.

Response: NMFS stands by the conclusions of the Section 7

consultation made on the 1998 pollock TAC specified for the W/C

Regulatory Areas. As noted above, the 1998 TAC increase was supported

by increased biomass estimates. Even with an increase in fishery

removals, the unfished pollock biomass available to Steller sea lions

will be greater in 1998 than in 1997.

Comment 3: We (a marine mammal research consortium) conduct

research on Steller sea lions and were surprised to learn that the

leading hypothesis explaining their decline is ``lack of available

prey.'' This implies that Steller sea lions are starving to death; a

statement not supported by field observations. The hypothesis that most

researchers are working with is that a high mortality of young is

occurring, but the possible causes are not known. The problem does not

appear to be a lack of ``available'' prey, but rather, a lack of

``appropriate'' prey. ``Appropriate'' prey include small schooling

fish, such as herring, which are higher in energy content. The prey

that sea lions are consuming in areas of sharp population decline are

poor in energy or nutritional

[[Page 31940]]

content. For example, pollock has about half the energy content of

herring. Studies with captive sea lions at the Vancouver Aquarium have

demonstrated that the difference in usable energy (due to various costs

of digestion) is even greater. From an energetic viewpoint, sea lions

can survive on a pollock only diet. However, the level of prey intake

would have to be increased, perhaps to a level surpassing physiological

and ecological limitations. Sea lions in the areas of stable

populations incorporate a higher proportion of small schooling fish

(such as herring) in their diet while sea lions from declining

populations rely heavily upon pollock as their primary prey item.

Response: Although pollock generally have lower mean energy levels

than some small forage fishes, the range of energy levels does overlap.

In addition, during January through March, pollock are in breeding

condition and are likely to contain greater energy content at that

time. Nevertheless, if other forage fish species were available in

sufficient abundance, then it is likely that sea lions would prey on

them to a greater extent. Indeed, NMFS recently issued a final rule to

prohibit directed fishing on all forage fish species in Federal waters

off Alaska, in part, to protect the availability of these prey species

for Steller sea lions (63 FR 13009, March 17, 1998). However, sea lions

are limited to available prey, regardless of whether that prey is

appropriate, and simply put, they consume pollock. If pollock has less

energy and nutrient content, then sea lions would have to increase the

amount of pollock taken to satisfy their nutritional needs. The

hypothesis of lack of available prey is supported by size differences

observed in sea lions in the 1970s and 1980s, by evidence of lower

productivity, and by evidence of decreased juvenile survival.

Comment 4: Decreasing total prey biomass by increasing pollock

catches has the potential to negatively impact Steller sea lion

populations, but it also has the potential to positively impact Steller

sea lions. Unfortunately, despite NMFS assertions, the effects of

increased pollock catches on overall prey abundance and diversity are

not known. Shifting the biomass of pollock from older to younger age

classes should result in more prey for Steller sea lions, not less.

Steller sea lions tend to feed on small pollock while the commercial

fishery targets older and larger fish. Similarly, an increase in the

catch of adult pollock might increase juvenile pollock abundance (the

preferred prey size for Steller sea lions) by reducing cannibalism; or

more ideally for Steller sea lions, reducing pollock biomass might

increase the abundance of other prey types, particularly small

schooling fish. Unfortunately, we do not know the outcome of fishing

down pollock is not known, and the scientific ability to make such

predictions does not exist.

Response: NMFS shares the commenter's concern regarding the

hypothesis that increased fishing could result in a shift in prey

composition. If the composition of prey can be shifted by increased

fishing, then it is also possible that the current prey composition,

which is dominated by pollock, reflects the effects of past fishing. If

that is the case, then the suggestion that increased fishing of pollock

would return ecosystem composition to something more favorable to

Steller sea lions implies a reversal of effect, which is possible but

questionable. As the comment notes, we do not know the outcome of

fishing down pollock and do not yet have the scientific ability to make

such predictions. From a precautionary perspective, it seems prudent to

minimize the degree to which commonly used prey species, such as

pollock, are locally depleted. Depletion can be minimized by dispersing

fishing effort more evenly over time.

Comment 5: Moving part of the pollock fishery to summer may result

in greater hardship to lactating females that leave their pups to

search for food.

Response: The current 25/25/50 apportionment of pollock TAC among

the three fishing seasons has the greatest potential effect on the fall

months, when data indicate that pups are beginning to wean. Shifting 10

percent of the TAC to the summer season increases the catch during the

summer period when females are still nursing and decreases the TAC

during the period when females are either still nursing or weaning has

begun and pups are attempting to forage for themselves. To date, no

evidence suggests that females and pups are compromised during the

summer breeding season. One study indicates that pups in the western

population, where the greatest decline has occurred, are even larger

during the breeding season than pups in the eastern population. This

indicates that nutritional stress occurs late in the fall and winter

months when pups are learning to forage on their own.

The shift of 10 percent of the TAC was a precautionary measure to

ensure that pups learning to forage were not compromised by the

relatively larger catch in the fall/winter period. For pups and adult

females, winter months are considered the most difficult months due to

harsher environmental conditions, greater prey dispersal, and increased

metabolic and energetic requirements.

Amendment to Final 1998 Pollock TAC Specifications for the W/C

Regulatory Areas

To implement the final rule in 1998, this action also amends 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 is

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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Seasonal allowances

Statistical area Biomass 1998 ABC = --------------------------------------

percent TAC First Second Third

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...........

(3) metric ton

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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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[[Page 31941]]

Classification

This action amends final 1998 harvest specifications for the W/C

Regulatory Areas by shifting 10 percent of the TAC from the third

fishing season beginning September 1 to the second fishing season

beginning June 1. A 30-day delayed effectiveness period for this action

would result in unnecessary closures and disruption within the fishing

industry because the second pollock season in the W/C Regulatory Areas

would be opened and closed on the old TACs and then would have to be

reopened again once this action becomes effective and the additional 10

percent TAC amount becomes available. Such a closure and reopening of

the fishery would impose unnecessary costs on industry because fishing

vessels and processors would be forced to stop and restart their

operations and would incur the costs of maintaining crews during the

down time. Waiver of the 30-day delayed effectiveness for this action

would allow the second season pollock fisheries to continue

uninterrupted. In addition, this action does not significantly revise

management measures in a manner that would require time to plan or

prepare for those revisions. For these reasons, the immediate

effectiveness of this action is required to provide consistent

management and conservation of fishery resources and to give the

fishing industry the earliest possible opportunity to plan its fishing

operations. Accordingly, the Assistant Administrator for Fisheries,

NOAA (Assistant Administrator), finds that good cause exists to waive

the 30-day delayed effectiveness period for this action under 5 U.S.C.

553(d)(3).

This final 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 rule would not have a

significant economic impact on a substantial number of small entities.

No comments were received regarding this certification. As a result, a

regulatory flexibility analysis was not prepared.

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, NMFS described the

effects of this 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.

In the Biological Opinion, the Assistant Administrator determined that

fishing activities conducted under this final 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, Recordkeeping and reporting requirements.

Dated: June 5, 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 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., 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. 98-15594 Filed 6-10-98; 8:45 am]

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