Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 51 to the Fishery Management Plan for Groundfish of the Gulf of Alaska and Amendment 51 to the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 090898D]

RIN 0648-AK12

Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 51

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

Amendment 51 to the Fishery Management Plan for the Groundfish Fishery

of the Bering Sea and Aleutian Islands Area

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability; request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has

submitted Amendment 51 to the Fishery Management Plan for the

Groundfish Fishery of the Bering Sea and Aleutian Islands Area (BSAI)

and Amendment 51 to the Fishery Management Plan for Groundfish of the

Gulf of Alaska (GOA) (FMPs). BSAI Amendment 51 would establish the

following allocations and management measures for a 3-year period

beginning in January 1999. Comments from the public are requested.

DATES: Comments on Amendments 51/51 must be submitted on or before

November 16, 1998.

ADDRESSES: Comments on Amendments 51/51 should be submitted to Sue

Salveson, Assistant Regional Administrator for Sustainable Fisheries,

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 Amendments 51/51 and the Environmental

Assessment/Regulatory Impact Review/Initial Regulatory Flexibility

Analysis prepared for Amendments 51/51 are available from the North

Pacific Fishery Management Council at 605 West 4th Ave., Room 306,

Anchorage, AK 99501, telephone 907-271-2809.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation

and Management Act (Magnuson-Stevens Act) requires that each Regional

Fishery Management Council submit any fishery management plan (FMP) or

plan amendment it prepares to NMFS for review and approval,

disapproval, or partial approval. The Magnuson-Stevens Act also

requires that NMFS, upon receiving an FMP or amendment, immediately

publish a document announcing that the FMP or amendment is available

for public review and comment. NMFS will consider the public comments

received during the comment period in determining whether to approve

the FMP or amendment.

BSAI Amendment 51

At its June 1998 meeting, the Council voted 7-4 to adopt BSAI

Amendment 51. This amendment, if approved, would make three significant

changes to the existing BSAI inshore/offshore pollock allocation

provisions: (1) Four percent of the BSAI pollock TAC, after subtraction

of reserves, would be shifted to the inshore component resulting in a

39/61 inshore/offshore allocation split; (2) a portion of the inshore

component Bering Sea B season allocation, equal to 2.5 percent of the

BSAI pollock TAC after subtraction of reserves, would be set aside for

small catcher vessels, and would become available on or about August 25

of each year; (3) catcher vessels delivering to the offshore component

would be prohibited from fishing inside the CVOA during the B season

from September 1 until the inshore component is closed to directed

fishing. Amendment 51 would remain in effect for the years 1999 through

2001.

At its June 1998 meeting, the Council voted unanimously to adopt

GOA Amendment 51. GOA Amendment 51, if approved, would allocate 100

percent of the GOA pollock TAC and 90 percent of the GOA Pacific cod

TAC to vessels catching pollock and Pacific cod for processing by the

inshore component. Ten percent of the GOA Pacific cod TAC would be

allocated to vessels catching Pacific cod for processing by the

offshore component.

A major concern identified during the preliminary review of

Amendments 51/51 is that the economic analysis submitted by the Council

does not provide a basis upon which to draw unambiguous conclusions

about the probable net economic benefits of the competing alternatives.

Treated in considerable detail in the document, the reasons for this

deficiency pertain to basic data limitations that make conversion from

gross to net economic measures impossible.

Completion of the preliminary review with publication of the notice

of availability (NOA) for Amendments 51/51 does not mean that either of

these two amendments will be approved.

[[Page 49541]]

NMFS invites comment on the consistency of the amendments with the

provisions of the Magnuson-Stevens Act, the national standards, and

other applicable laws. Comments are specifically requested on the

adequacy of the analysis to support findings of compliance with

national standards 2 (scientific information), 4 (allocations), 5

(efficiency), 7 (costs and benefits), 8 (fishing communities), and 10

(safety of life at sea). Information and analysis that bolster or

contradict the conclusions in any of the supporting documents are also

welcome.

NMFS will consider the public comments received during the comment

period in determining whether to approve Amendments 51/51. A proposed

rule to implement Amendments 51/51 is scheduled to be published within

15 days of this document.

Public comments are being solicited on the amendments through the

end of the comment period stated in this NOA; a proposed rule that

would implement the amendments may be published in the Federal Register

for public comment following NMFS' evaluation under the Magnuson-

Stevens Act procedures. Public comments on the proposed rule must be

received by the end of the comment period on the amendments to be

considered in the approval/disapproval decision on the amendments. All

comments received by the end of the comment period on the amendments,

whether specifically directed to the amendments or the proposed rule,

will be considered in the approval/disapproval decision; comments

received after that date will not be considered in the approval/

disapproval decision on the amendments. To be considered, comments must

be received by close of business on the last day of the comment period

specified in this NOA; that does not mean postmarked or otherwise

transmitted by that date.

Dated: September 10, 1998.

Gary C. Matlock,

Director, Office of Sustainable Fisheries, National Marine Fisheries

Service.

[FR Doc. 98-24847 Filed 09-15-98; 8:45 am]

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