[Federal Register: July 14, 2004 (Volume 69, Number 134)]
[Proposed Rules]
[Page 42128-42131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy04-14]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[I.D. 070704F]
RIN 0648-AR77
Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to
the Annual Harvest Specifications Process for the Groundfish Fisheries
of the Gulf of Alaska and the Bering Sea and Aleutian Islands
Management 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 48 to the Fishery Management Plan (FMP) for
Groundfish of the Gulf of Alaska (GOA) and Amendment 48 to the FMP for
the Groundfish Fishery of the Bering Sea and Aleutian Islands (BSAI)
(Amendments 48/48). If approved, Amendments 48/48 would revise the
administrative process used to establish annual harvest specifications
for the groundfish fisheries of the GOA and the BSAI and would update
the FMPs by revising the description of the groundfish fisheries and
participants, revising the name of the BSAI FMP, revising text to
simplify wording and correct typographical errors, and revising the
description of the Council's Groundfish Plan Teams' responsibilities.
This action is necessary to manage fisheries based on the best
scientific information available, to provide for adequate prior public
review and comment to the Secretary of Commerce (Secretary) on Council
recommendations, to provide for additional opportunity for Secretarial
review, to minimize unnecessary disruption to fisheries and public
confusion, and to promote administrative efficiency. This action is
intended to promote the goals and objectives of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), the
FMPs, and other applicable laws.
DATES: Comments on Amendments 48/48 must be submitted by September 13,
2004.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Lori Durall. Comments may be submitted by:
[bul] Mail to P.O. Box 21668, Juneau, AK 99802;
[bul] Hand Delivery to the Federal Building, 709 West 9th Street,
Room 420A, Juneau, AK;
[bul] E-mail to 4848NOA@noaa.gov and include in the subject line of
the e-mail comments the document identifier: 48-48 NOA. E-mail
comments, with or without attachments, are limited to 5 megabytes;
[bul] FAX to 907-586-7557; or
[bul] Webform at the Federal eRulemaking Portal:
http://www.regulations.gov. Follow the instructions at that site for
submitting comments.
Copies of the Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for
Amendments 48/48 and the amendments may be obtained from the same
mailing address above or from the
[[Page 42129]]
NMFS Alaska Region website at http://www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228 or
melanie.brown@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each
Regional Fishery Management Council submit any FMP 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 amendment, immediately publish a notice in the Federal
Register that the amendment is available for public review and comment.
Harvest Specifications Process Revision
Amendments 48/48 were unanimously recommended by the Council in
October 2003. If approved by NMFS, these amendments would revise the
administrative process used to establish annual harvest specifications
for the groundfish fisheries of the BSAI and GOA. Harvest
specifications establish specific limits on the commercial harvest of
groundfish and are used to manage the groundfish fisheries. Harvest
specifications include total allowable catch (TAC), acceptable
biological catch (ABC), overfishing levels, and prohibited species
catch (PSC) amounts, and apportionments thereof, which have been
recommended by the Council. Currently, the regulations provide for
annual harvest specifications that are effective January 1 through
December 31. The goals in revising the harvest specifications process
are to: (1) manage fisheries based on the best scientific information
available, (2) provide for adequate prior public review and comment to
the Secretary on Council recommendations, (3) provide for additional
opportunity for Secretarial review, (4) minimize unnecessary disruption
to fisheries and public confusion, and (5) promote administrative
efficiency.
The current harvest specifications process requires publication of
proposed, interim, and final rulemaking. Each October, the Council
recommends proposed harvest specifications to NMFS which are reviewed
and published in the Federal Register for public comment in December.
In November, new biological information regarding the groundfish target
species becomes available and is used to develop the Council's final
harvest specifications recommendations for the fishing year starting in
January. The Council makes its final harvest specifications
recommendations to NMFS in December. NMFS reviews the Council's
recommended final harvest specifications and publishes the final
specifications in the Federal Register in February or March of the
following year.
Starting in January of the new fishing year, groundfish fisheries
are managed using interim harvest specifications, pending publication
of the final harvest specifications. These interim harvest
specifications remain in place until superseded by final harvest
specifications in February or March each year. The interim harvest
specifications are required by Sec. 679.20(c)(2) to be 25 percent or
the first seasonal apportionment of the proposed TAC amounts for most
groundfish target species and 25 percent of the proposed PSC amounts.
A number of statutory requirements must be met by NMFS to implement
annual harvest specifications. Section 553(c) of the Administrative
Procedure Act (APA) requires prior public review and comment on a
proposed rule, including review and comment on the information used as
the basis for the proposed rule, unless the prior opportunity for
public review is waived pursuant to section 553(b)(3)(B) of the APA.
National standard 2 in section 301(a)(2) of the Magnuson-Stevens Act
requires the management of the groundfish fisheries to be based on the
best scientific information available. Each year in October, proposed
harvest specifications for the following year are developed based on
either TAC amounts used in the current year for some species or on
projections from the Stock Assessment and Fishery Evaluation (SAFE)
reports written the previous year. The SAFE reports written in the
previous year often are the best scientific information available in
October for supporting the harvest specifications for the following
year. The new SAFE reports completed in November are used by the
Council to recommend final harvest specifications in mid-December,
usually after publication in the Federal Register of the proposed
harvest specifications.
The proposed and final specifications process normally requires 6
months to complete, yet only 2 weeks exist between the time the new
final SAFE reports are available (mid-December) and the start of the
fishing year on January 1. The Council's Groundfish Plan Teams develop
the SAFE reports in November for the following fishing year based on
the summer survey data and new analysis. These November SAFE reports
are reviewed and approved by the Council in December and used as the
scientific basis for its recommended harvest specifications. Because of
this time constraint, the proposed harvest specifications are completed
before the new information supporting the final harvest specifications
is available. The proposed harvest specifications and supporting
information available for public review and comment can differ from the
final harvest specifications and their supporting information.
For some species, the harvest specifications change little among
years, such as TAC amounts for certain long-lived target groundfish
species in the GOA. For other species, harvest specifications can
change greatly between the proposed and final harvest specifications
for various reasons. In some cases, adjustments are made based on the
new information developed in the November SAFE reports. In the BSAI,
the need to maximize the harvest of a particular groundfish species can
cause changes between proposed and final TACs for a number of
groundfish species to maintain the overall harvest at or below the 2
million optimal yield specified at Sec. 679.20(a)(1)(i). Because the
proposed harvest specifications and supporting information can differ
from the final harvest specifications and information on which they are
based, the current specifications process raises concerns that it may
not provide adequate opportunity for prior public review and comment on
the annual harvest specifications or on the supporting information used
for the annual harvest specifications.
The use of interim specifications in the current specifications
process also is problematic. Prior public review and comment on the
interim specifications has been routinely waived for ``good cause''
pursuant to section 553(b)(B) of the APA. However, this practice raises
serious questions of compliance with the APA's notice and comment
requirements. See Natural Resources Defense Council v. Evans, 316 F.3d
904 (9th Cir. 2003). In addition, the interim harvest specifications
also may provide inadequate harvest and PSC amounts for those fisheries
that are prosecuted in the early part of the year (i.e., rock sole).
Amendments 48/48 would provide a process that allows for adequate
prior public review and comment on the harvest specifications and
supporting information and would allow the groundfish fisheries to be
managed based on the best available scientific information. Each year
in October, the Council would recommend to NMFS proposed harvest
specifications that would be effective for up to 2 years. The rationale
for harvest specifications that would be effective for up to 2 years is
explained later in this document.
In consideration of the current stock assessment survey schedules,
regulatory
[[Page 42130]]
procedures, and quality of stock assessment information for the BSAI
and GOA target species, the proposed harvest specifications process
would authorize specifications that would be effective for up to 24
months. NMFS would review the recommendations and publish proposed
harvest specifications in November or early December, including
detailed descriptions of what the final harvest specifications are
likely to be and the new information anticipated to support them. In
November, the new SAFE reports would be forwarded to the Council by the
Council's Groundfish Plan Teams. The Council would consider the new
SAFE reports, public comments on the proposed harvest specifications,
and public testimony and then develop recommendations for the final
harvest specifications in December. NMFS would review those
recommendations and public comment on the proposed harvest
specifications, and specifically determine if the final harvest
specifications are a logical outgrowth of the proposed harvest
specifications. If the final harvest specifications recommendations are
consistent with applicable law and are a logical outgrowth of the
proposed harvest specifications, the final harvest specifications may
be published without additional public review and comment.
If the final harvest specifications recommendations are not a
logical outgrowth of the proposed harvest specifications, an additional
publication of proposed harvest specifications may be needed to provide
an additional opportunity for prior public review and comment under the
APA. In May or June of the following year, the final harvest
specifications would be published based on the additional proposed
harvest specifications and after consideration of public comment.
Alternatively, depending upon the circumstances, NMFS may find ``good
cause'' to waive the additional publication of proposed harvest
specifications for prior public review and comment. In this case, the
final harvest specifications likely would become effective in March.
To provide opportunity for an additional public comment period
after the Council's final harvest specifications recommendation in
December, the groundfish fisheries in the new fishing year would be
managed on the specifications that had been published previously. These
harvest specifications would be superseded by the new harvest
specifications. This proposed specifications process would eliminate
the need for the interim harvest specifications. Having harvest
specifications effective into the second fishing year would allow time
for NMFS to complete an additional public review and comment period, if
needed, while preventing disruption of the fisheries.
To provide consistency between the groundfish FMPs for the harvest
specifications process and to provide flexibility during the harvest
specifications process, Amendments 48/48 would allow specifications to
be effective for up to 2 fishing years. The stock assessment models
used for determining the harvest specifications would use 2-year
projections for biomass and acceptable biological catch. The frequency
of fishery resource surveys also affects whether specifications should
be done on a more or less frequent basis. Allowing specifications to be
effective for up to 2 years would fit well with the frequency of stock
projections that must be used for the harvest specifications, and would
provide the Council and NMFS the flexibility to adjust the
specifications time periods in response to potential changes in the
frequency of stock assessment surveys or other stock assessment data or
administrative issues.
The Council recommended that harvest specifications for the hook-
and-line gear and pot gear sablefish individual fishing quota (IFQ)
fisheries be limited to the succeeding fishing year to ensure those
fisheries are conducted concurrent with the halibut IFQ fishery. Having
the sablefish IFQ fisheries concurrent with the halibut IFQ fishery
would reduce the potential for discards of halibut and sablefish in
these fisheries. The sablefish IFQ fisheries would remain closed at the
beginning of each fishing year, until the final harvest specifications
for the sablefish IFQ fisheries are in effect. The trawl sablefish
fishery would be managed using harvest specifications for up to 2 years
with the remaining target species in the BSAI and with GOA pollock,
Pacific cod, and the ``other species'' complex.
Housekeeping Revisions to the FMPs
Amendment 48 to the BSAI FMP would revise the title of the FMP. The
GOA FMP title is a more concise description of the document compared to
the title used for the BSAI FMP. Definitions at 50 CFR 679.2 describe
the BSAI as the ``Bering Sea and Aleutian Islands management area.''
Consistency between the names of the groundfish FMPs and with the
groundfish fishery regulations would reduce confusion for users of the
documents. The BSAI FMP title would be revised to ``The Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area.'' Catch histories and the socioeconomic and community
descriptions also would be updated with more recent information.
References supporting the descriptions would be added to the reference
section of the FMP.
The GOA and BSAI FMPs contain references related to the management
of foreign vessels and foreign processors in the groundfish fisheries.
Foreign participation in the groundfish fisheries in the Exclusive
Economic Zone off Alaska ended in 1990. Amendments 48/48 would revise
the text throughout the FMPs to revise references to the management of
foreign fishing vessels and foreign processors.
The description in the FMPs of the responsibilities of the
Council's Groundfish Plan Teams would be revised with this action. The
current FMPs require the Plan Teams to provide preliminary SAFE reports
annually for the September Council meeting and to include PSC
apportionments and allocations recommendations and economic analysis.
The Council meeting was moved to October, and preliminary SAFEs are no
longer developed by the Plan Teams. No information is available to the
Plan Teams to allow recommendations of PSC apportionments and
allocations. This information is usually available at the October and
December Council meetings. No economists are on the Plan Teams, so an
economic analysis cannot be produced by the Plan Teams for the October
Council meeting. The amendments would revise the FMPs to limit the Plan
Teams' responsibilities for the annual October Council meeting to
providing the most recent information regarding proposed ABC amounts
and overfishing levels to the Council. The amendments also would revise
the FMP so that the Council may request the Plan Teams to recommend PSC
allocations and apportionments among target fisheries and gear types
and an economic analysis on the affects of such allocations. This
revision would provide flexibility in the future, if the Plan Teams
were to include an economist.
The information regarding skates in the GOA FMP would be updated
with this action. In 2003, a directed fishery for skates developed in
the GOA, targeting big and longnose skate species. The current FMP
language does not list big and longnose skate species in the
description of skates, and describes the harvest of skates as bycatch
only. This action would update the fishery information regarding skates
to identify species taken and the methods of
[[Page 42131]]
harvest of skates. Amendment 63 to the GOA FMP, approved by the
Secretary on February 27, 2004, moved skates from the ``other species''
category to the target species category. Amendment 63 allows for the
management of the skate directed fishery, and the Amendment 48 revision
would provide a more accurate description of the skate fishery.
Additional information on Amendment 63 is in the preamble to the
proposed rule for Amendment 63 published in the Federal Register on
January 6, 2004 (69 FR 614).
Amendments 48/48 also would revise the text in the GOA and BSAI
FMPs to correct typographical errors and to clarify wording.
Public comments are being solicited on proposed Amendments 48/48
through the end of the comment period (see DATES). A proposed rule that
would implement the amendments will be published in the Federal
Register for public comment at a later date. Public comments on the
proposed rule must be received by the end of the comment period on the
amendments in order 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 to 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--not just postmarked or
otherwise transmitted--by close of business on the last day of the
comment period.
Dated: July 8, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-15974 Filed 7-13-04; 8:45 am]
BILLING CODE 3510-22-S