Fisheries of the Exclusive Economic Zone Off Alaska; Stand Down Requirements for Trawl Catcher Vessels Transiting Between the Bering Sea and the Gulf of Alaska

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 980903229-8229-01; I.D. 051898A]

RIN 0648-AK73

Fisheries of the Exclusive Economic Zone Off Alaska; Stand Down

Requirements for Trawl Catcher Vessels Transiting Between the Bering

Sea and the Gulf of Alaska

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations to implement a stand down requirement

for trawl catcher vessels transiting between the Bering Sea and

Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA). This

action is necessary to prevent unexpected shifts of fishing effort

between BSAI and GOA fisheries that can lead to overharvests of total

allowable catch (TAC) in the Western and Central (W/C) Regulatory Areas

of the GOA. This action is intended to further the goals and objectives

of the Fishery Management Plan for Groundfish of the Gulf of Alaska and

the Fishery Management Plan for the Groundfish Fishery of the Bering

Sea and Aleutian Islands Area (FMPs).

DATES: Effective September 8, 1998.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact

Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for

this action are available from the Alaska Region, NMFS, P.O. Box 21668,

Juneau, AK 99802, Attn: Lori J. Gravel, or by calling the Alaska

Region, NMFS, at 907-586-7228.

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

[email protected].

SUPPLEMENTARY INFORMATION: The groundfish fisheries off Alaska are

managed by NMFS under the FMPs. The FMPs were prepared by the North

Pacific Fishery Management Council (Council) under the Magnuson-Stevens

Fishery Conservation and Management Act. Federal regulations governing

the groundfish fisheries appear at 50 CFR parts 600 and 679.

Background and Need for Action

In recent years, management of the inshore pollock and Pacific cod

fisheries

[[Page 48642]]

of the W/C Regulatory Areas of the GOA has become increasingly

difficult. The risk of harvest overruns has grown due to TAC amounts

that are small relative to the potential fishing effort. The problem

has been most acute in the Western Regulatory Area of the GOA due to

the constant potential that numerous large catcher vessels based in the

Bering Sea could cross into the GOA to participate in pollock and

Pacific cod openings that have relatively small TACs. NMFS currently

lacks a preseason vessel registration program that could gauge

potential effort in these fisheries prior to openings, and inseason

catch information in these fisheries is neither timely nor accurate

enough to allow adequate management.

At its February 1998 meeting, the Council recommended two distinct

management solutions to respond to the difficulties associated with

managing the pollock and Pacific cod fisheries of the W/C Regulatory

Areas. The first solution was a stand down requirement that is

contained in this final rule. Trawl catcher vessels transiting between

the BSAI and GOA would be required to offload and refrain from fishing

for a period of time before beginning fishing in the new area. The

second solution, currently under development by NMFS, is a vessel

registration program that would require vessels to register with NMFS

in advance of entering certain critical fisheries. Both of these

programs are described in detail in the EA/RIR/FRFA prepared for this

action.

On July 21, 1998, NMFS published a proposed rule in the Federal

Register (63 FR 39065) to implement the Council's recommended stand

down requirement for trawl catcher vessels transiting between the BSAI

and GOA. Comments on the proposed rule were invited through August 20,

1998. No comments were received by the end of the comment period. The

following is a summary of the major elements of the final rule. One

clarifying change was made from the proposed rule.

This final rule establishes a stand down requirement for all trawl

catcher vessels transiting between the BSAI and GOA that is in effect

when non-CDQ pollock or Pacific cod fisheries are open in the BSAI or

GOA. Vessels leaving the BSAI to fish in the GOA are required to

offload all fish caught in the BSAI and are prohibited from deploying

trawl gear in the W/C Regulatory Areas of the GOA until 1200 hours

A.l.t. on the third day after the date that offloading was completed.

Vessels transiting from the Western Regulatory Area to the BSAI are

subject to the same 3-day stand down requirement. However, vessels

transiting from the Central Regulatory Area to the BSAI are subject to

a 2-day stand down period. Further justification of the stand down

requirement implemented by this final rule is contained in the preamble

to the proposed rule and in the EA/RIR/FRFA prepared for this action.

Changes from the Proposed Rule

In the final rule, the table at Sec. 679.23(h) was revised to

specify that the stand down requirements do not apply to vessels

engaged in Community Development Quota (CDQ) fishing in the BSAI. The

proposed rule did not specifically mention whether the stand down

requirements apply to vessels engaged in CDQ fishing. Vessels fishing

under a CDQ management system use an individual vessel quota monitoring

system. Consequently, a stand down requirement is unnecessary to

prevent overharvest. The Council intended that this action apply only

to open access fishing for pollock and Atka mackerel. There was no

intent that it apply to vessels fishing under a CDQ management system.

Classification

This final rule has been determined to be not significant for the

purposes of E.O. 12866.

NMFS prepared a final regulatory flexibility analysis that consists

of the EA/RIR/FRFA and the preambles to the proposed and final rules. A

copy of the EA/RIR/FRFA is available from NMFS (see ADDRESSES).

The FRFA concluded that the stand down requirement will affect an

estimated 275 trawl catcher vessels fishing for groundfish in the GOA

and BSAI, all of which are considered small entities, because it would

restrict their ability to make rapid transits between the BSAI and GOA

groundfish fisheries. Managing pollock and Pacific cod fisheries in the

GOA has become increasingly difficult due to the potential for large

catcher vessels based in the BSAI to participate in pollock and Pacific

cod openings in the GOA that have relatively small TACs and risk

harvest overruns. Ten to 15 catcher vessels, believed to be based in

the BSAI, made rapid transits from one area to another in 1997. NMFS

cannot calculate how many such vessels might transit in 1998, but the

possibility exists that more than 10-15 catcher vessels could

participate in GOA pollock and Pacific cod fisheries and risk harvest

overruns. NMFS projects that the stand down requirement could result in

the foregone harvest of pollock to BSAI-based catcher vessels, which

could exceed the estimated 7,663 mt of pollock harvested in 1997 by

these vessels. NMFS cannot calculate this action's impact on the

affected vessels, but the possibility exists that it could result in

losses of 5 percent or more of these vessels' gross revenues and/or

increase the costs of production by more than 5 percent.

No entities are expected to be forced out of business as a result of

this action. Nevertheless, based on NMFS threshold guidelines, this

action could result in a significant economic impact on a substantial

number of small entities. A discussion of the regulatory alternatives

and steps taken to minimize the significant economic impacts of this

action are included in the EA/RIR/FRFA. No comments were received

regarding this conclusion.

The immediate effectiveness of this action is required to prevent

possible harvest overruns during the third pollock season in the W/C

Regulatory Areas of the GOA, which opened on September 1. Accordingly,

the Assistant Administrator for Fisheries, NOAA finds there is good

cause to waive the 30-day delayed effectiveness period for this action

under 5 U.S.C. 553(d)(3).

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: September 4, 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: 773 et seq., 16 U.S.C. 1801 et seq., and 3631 et seq.

2. In Sec. 679.23 a new paragraph (h) is added to read as follows:

Sec. 679.23 Seasons.

* * * * *

(h) Stand down requirements for trawl catcher vessels transiting

between the BSAI and GOA.

[[Page 48643]]

------------------------------------------------------------------------

You are

If you own or operate a prohibited from

catcher vessel and fish for subsequently Until* * *

groundfish with trawl gear in deploying trawl

the* * * gear in the* * *

------------------------------------------------------------------------

(1) BSAI while pollock or Western and 1200 hours A.l.t. on

Pacific cod is open to Central the third day after

directed fishing in the BSAI. Regulatory Areas the date of landing

of the GOA. or transfer of all

groundfish on board

the vessel harvested

in the BSAI, unless

you are engaged in

directed fishing for

Pacific cod in the

GOA for processing

by the offshore

component.

(2) Western Regulatory Area of BSAI............. 1200 hours A.l.t. on

the GOA while pollock or the third day after

inshore Pacific cod is open the date of landing

to directed fishing in the or transfer of all

Western Regulatory Area of groundfish on board

the GOA. the vessel harvested

in the Western

Regulatory Area of

the GOA, unless you

are participating in

a CDQ fishery.

(3) Central Regulatory Area of BSAI............. 1200 hours A.l.t. on

the GOA while pollock or the second day after

inshore Pacific cod is open the date of landing

to directed fishing in the or transfer of all

Central Regulatory Area of groundfish on board

the GOA. the vessel harvested

in the Central

Regulatory Area of

the GOA, unless you

are participating in

a CDQ fishery.

------------------------------------------------------------------------

[FR Doc. 98-24451 Filed 9-8-98; 3:15 pm]

BILLING CODE 3510-22-P