49464 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Proposed Rules

and none would be significantly affected by

this rule. The proposed rule’s requirements

that a vessel submit to dockside safety

inspections and display a decal or certificate

demonstrating compliance with U.S. Coast

Guard (USCG) safety regulations merely

provide evidence that the vessel is in

compliance with existing mandatory USCG

safety regulations. The safety inspection

would be performed at the dock at no cost

to the vessel owner and would take

approximately 4 hours. The vessel owner/

operator would be able to schedule the

inspection at a time that is convenient for the

owner/operator, such as when the vessel is

at dock. Thus, this rule is not expected to

result in any economic loss associated with

lost days at sea or any other significant

economic impacts on a substantial number of

small entities.

This action has been determined to be

not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 600

Administrative practice and

procedure, Confidential business

information, Fisheries, Fishing, Fishing

vessels, Foreign relations,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Statistics.

Dated: September 15, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service

For the reasons set forth in the

preamble, 50 CFR part 600 is proposed

to be amended as follows:

PART 600—MAGNUSON-STEVENS

ACT PROVISIONS

1. The authority citation for 50 CFR

part 600 continues to read as follows:

Authority: 5 U.S.C. 561 and 16 U.S.C. 1801

et seq.

2. Section 600.725 is amended by

redesignating (p) as (t), adding new

paragraphs (p), (q), (r), (s), and (u) and

revising newly redesignated paragraph

(t) to read as follows:

§ 600.725 General prohibitions.

* * * * *

(p) Fail to submit to a USCG safety

inspection when required by NMFS

pursuant to § 600.746.

(q) Fail to display a Commercial

Fishing Vessel Safety decal or a valid

certificate of compliance or inspection

pursuant to § 600.746.

(r) Fail to provide to an observer, a

NMFS employee, or a designated

observer provider information that has

been requested pursuant to § 600.746, or

fail to allow an observer, a NMFS

employee, or a designated observer

provider to inspect any item described

at § 600.746.

(s) To fish without an observer when

the vessel is required to carry an

observer.

(t) Assault, resist, oppose, impede,

intimidate, or interfere with a NMFSapproved observer aboard a vessel.

(u) Prohibit or bar by command,

impediment, threat, coercion, or refusal

of reasonable assistance, an observer

from conducting his or her duties

aboard a vessel.

3. In subpart H, § 600.746 is added to

read as follows:

§ 600.746 Observers.

(a) Applicability. This section applies

to any fishing vessel required to carry an

observer as part of a mandatory observer

program or carrying an observer as part

of a voluntary observer program under

the Magnuson-Stevens Act, MMPA (16

U.S.C. 1361 et seq.), the ATCA (16

U.S.C. 971 et seq.), the South Pacific

Tuna Act of 1988 (SPTA; 16 U.S.C. 973

et seq.), or any other U.S. law.

(b) Observer requirement. An observer

is not required to board, or stay aboard,

a vessel that is unsafe or inadequate as

described in paragraph (c).

(c) Inadequate or unsafe vessels. (1) A

vessel is inadequate or unsafe for

purposes of carrying an observer and

allowing operation of normal observer

functions if it does not comply with the

applicable regulations regarding

observer accommodations (see 50 CFR

parts 229, 285, 300, 600, 622, 648, 660,

678, and 679) or if it has not passed a

USCG safety inspection. A vessel that

has passed a USCG safety inspection

must display one of the following:

(i) A current Commercial Fishing

Vessel Safety Decal, issued within the

last 2 years, that certifies compliance

with regulations found in 33 CFR

Chapter I and 46 CFR Chapter I;

(ii) A certificate of compliance issued

pursuant to 46 CFR 28.710; or

(iii) A valid certificate of inspection

pursuant to 46 U.S.C. 3311.

(2) Upon request by an observer, a

NMFS employee, or a designated

observer provider, a vessel owner/

operator must provide correct

information concerning any item

relating to any safety or accommodation

requirement prescribed by law or

regulation. A vessel owner or operator

must also allow an observer, a NMFS

employee, or a designated observer

provider to visually inspect any such

item.

(d) Corrective measures. If a vessel is

inadequate or unsafe for purposes of

carrying an observer and allowing

operation of normal observer functions,

NMFS may require the vessel owner or

operator either to:

(1) Submit to and pass a USCG safety

inspection; or

(2) Correct the deficiency that is

rendering the vessel inadequate or

unsafe (e.g., if the vessel is missing one

personal flotation device (PFD), the

owner or operator could be required to

obtain an additional one), before that

vessel is authorized to fish in fisheries

with mandatory observer coverage

requirements.

(e) Timing. The requirements of this

section apply both at the time of the

observer’s boarding, at all times the

observer is aboard, and at the time the

observer is disembarking from the

vessel.

(f) Effect of inadequate or unsafe

status. A vessel that would otherwise be

required to carry an observer but is

inadequate or unsafe for purposes of

carrying an observer and allowing

operation of normal observer functions

is prohibited from fishing without

observer coverage unless NMFS waives

the observer requirement.

[FR Doc. 97–25013 Filed 9–19–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 970829212–7212–01; I.D.

080597F]

RIN 0648–AK14

Fisheries of the Exclusive Economic

Zone Off Alaska; Allocation of Atka

Mackerel to Vessels Using Jig Gear

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

implement Amendment 34 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP).

Amendment 34 would authorize an

allocation of Atka mackerel to vessels

using jig gear. Annually, up to 2 percent

of the total allowable catch (TAC)

specified for this species in the eastern

Aleutian Islands District (AI)/Bering Sea

subarea (BS) could be allocated to the jig

gear fleet fishing in this area. This

action is necessary to provide an

opportunity to a localized, small-vessel

jig gear fleet to fish for Atka mackerel

in summer months. The large-scale

trawl fisheries typically harvest the
Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Proposed Rules 49465

available TAC for this species early in

the fishing year, which does not allow

jig gear fishermen an opportunity for a

summer fishery. This action is intended

to further the goals and objectives of the

FMP.

DATES: Comments on the proposed rule

must be received at the following

address by November 6, 1997.

ADDRESSES: Comments must be sent to

Chief, Fisheries Management Division,

Alaska Region, NMFS, P.O. Box 21668,

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

or delivered to the Federal Building, 709

West 9th Street, Juneau, AK. Copies of

the proposed FMP amendment and the

Environmental Assessment/ Regulatory

Impact Review/Initial Regulatory

Flexibility Analysis (EA/RIR/IRFA)

prepared for Amendment 34 are

available from NMFS at the above

address, or by calling the Alaska Region,

NMFS at 907–586–7228.

FOR FURTHER INFORMATION CONTACT:

Susan Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone of the Bering

Sea and Aleutian Islands management

area (BSAI) are managed by NMFS

under the FMP. The FMP was prepared

by the Council under the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act). Regulations governing the

groundfish fisheries of the BSAI appear

at 50 CFR parts 600 and 679.

The Council has submitted

Amendment 34 for Secretarial review

and a Notice of Availability (NOA) of

the FMP amendment was published on

August 15, 1997 (62 FR 43689) with

comments on the FMP amendment

invited through October 14, 1997.

Comments on this proposed rule are

invited and must be received on or

before November 6, 1997. All written

comments received by October 14, 1997,

whether specifically directed to the

FMP amendment, the proposed rule, or

both, will be considered in the

approval/disapproval decision on the

FMP amendment.

Management Background and Need for

Action

At its December 1996 meeting, the

Council reviewed proposals received

from management agencies, the fishing

industry, conservation groups, and other

interested members of the public for

changes to the FMP or regulations

implementing the FMP. One proposal

received from the Unalaska Native

Fishermen’s Association requested that

2 percent of the TAC annually specified

for Bering Sea Atka mackerel be

allocated to vessels using jig gear. The

purpose of this proposal was to provide

more opportunity to a local small-vessel

jig gear fleet to fish for Atka mackerel

in late spring and summer months

without direct competition from the

large, high-capacity trawl fleet that

typically harvests the Eastern AI/BS

Atka mackerel TAC early in the fishing

year.

Under the existing FMP, a closure to

directed fishing for Atka mackerel

applies to all vessels. Thus, vessels

using jig gear are prevented from

directed fishing for Atka mackerel once

an applicable directed fishing closure is

effective, although bycatch amounts of

Atka mackerel may be retained during a

fishing trip equal to 20 percent of the

retained amount of other species open

to directed fishing. Atka mackerel may

not be retained on board a vessel once

Atka mackerel becomes a prohibited

species upon attainment of the TAC or

because of overfishing concerns for

other species taken as bycatch in the

Atka mackerel fishery.

Jig gear harvests of Atka mackerel

have been constrained to late spring and

summer months in the BS near the port

of Dutch Harbor, because of the physical

limitations of the small boat fleet. In

1997, the directed fishery for Atka

mackerel in the Eastern AI/BS was

closed February 4. Atka mackerel

became a prohibited species on

February 28 when the fast-paced trawl

fisheries harvested the TAC. As a result,

the jig gear fleet will not have an

opportunity to fish for this species in

1997.

Based on Alaska Department of Fish

and Game (ADF&G) fish tickets, 15 and

19 vessels using jig gear in the BS

harvested 36 and 13 metric tons (mt) of

Atka mackerel in 1994 and 1995,

respectively. These amounts equate to

0.22 percent and 0.09 percent of the

Atka mackerel harvest in the Eastern AI/

BS during these 2 years. The ADF&G

fish ticket database does not contain

records of Atka mackerel harvests by

vessels using jig gear in 1996, and jig

gear fishermen assert that they did

harvest Atka mackerel in 1996. Most

Atka mackerel is harvested by the jig

gear fleet for use as bait and the catch

of fish for personal-use bait is not

required to be reported on ADF&G fish

tickets. Furthermore, Atka mackerel was

not a prohibited species in the Eastern

AI/BS during 1996 until August 8, thus

providing the jig gear fleet some

opportunity for retaining Atka mackerel

taken as bycatch in other fisheries.

Vessels using jig gear have not fished in

the Central or Western AI districts,

which is not surprising considering that

most vessels using this gear type are less

than 60 ft (18.3 m) length overall and

fish out of Dutch Harbor.

Information from jig gear fishermen

indicate that most of the Atka mackerel

harvested by the jig gear fleet is used as

bait in the jig gear fishery for Pacific

cod, although jig gear fishermen

testified to the Council that they would

like to develop a fresh fish market for

this species. Alternative sources of bait

for the Pacific cod jig gear fleet exist, but

they can be relatively expensive: for

example, bait costs can approach $.50/

lb for frozen herring shipped from the

East Coast of the United States.

Available catch data also indicate that

the harvest of Atka mackerel by vessels

using jig gear has been restricted to the

southern BS in Federal reporting areas

519 and 518. Conversely, most of the

trawl harvest in the Eastern AL/BS

occurred in reporting area 541 (Eastern

AI).

Vessels using trawl gear harvest over

99 percent of the available Atka

mackerel. Most of the retained catch is

processed into a headed and gutted

product, although surimi production

has more than doubled between 1996

and 1997. As a result, the competition

within the trawl fleet for access to the

Atka mackerel resource is increasing,

further aggravating the fast-paced nature

of this fishery and the rate at which

TAC is reached.

The Council adopted Amendment 34

to the FMP at its June 1997 meeting in

response to concerns about the fastpaced nature of the Atka mackerel trawl

fishery and the resulting preemption of

the small-scale jig gear fishery. The

Council’s action would authorize an

allocation of up to 2 percent of the Atka

mackerel TAC specified for the Eastern

AI/BS to vessels using jig gear. The

Council also voted to annually specify

the jig gear allocation during the annual

groundfish specifications process based

on recent and anticipated harvest

capacity. This action was taken in

consideration of the small amount of

Atka mackerel annually harvested in

recent years and to respond to trawl

industry concerns about allocating more

Atka mackerel to the jig gear fleet than

could be harvested. Pending the

approval of Amendment 34 by NMFS,

the Council indicated its intent to

propose a 1–percent allocation of

Eastern AI/BS Atka mackerel TAC to

vessels using jig gear in 1998.

At this time, neither Federal nor

Alaska State reporting systems require

catcher vessel operators to report the

amount of groundfish harvested for

personal use bait. Existing regulations,

however, do require that any Atka

mackerel landed shoreside for

commercial sale or barter be reported on
49466 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Proposed Rules

ADF&G fish tickets, as well as on NMFS

weekly production reports submitted by

groundfish processors. The current

inability to accurately monitor the

harvest amount of Atka mackerel used

for bait does not pose a management

concern at this time. The amount of

Atka mackerel harvested for personal

use bait in the Pacific cod jig gear

fishery is assumed to be very small

considering that the total 1996 jig gear

harvest of Pacific cod was only about

270 mt. The personal use bait fishery for

Atka mackerel, therefore, would easily

be accommodated within the jig gear

allocation intended by the Council for

1998, or 1 percent of the Eastern AI/BS

TAC. This amount equals 150 mt based

on the current 1997 TAC amount.

Management agencies will need to

consider changes to existing reporting

programs to more accurately account for

the Atka mackerel bait fishery if the

total jig gear harvest of this species

begins to approach the allocated level

due to the development of a fresh fish

market and/or an increased harvest of

Atka mackerel for personal use bait.

Classification

At this time, NMFS has not

determined that Amendment 34 is

consistent with the national standards,

other provisions of the MagnusonStevens Act, and other applicable laws.

NMFS, in making that determination,

will take into account the data, views,

and comments received during the

comment period.

An RIR was prepared for this

proposed rule that describes the

management background, the purpose

and need for action, the management

action alternatives, and the social

impacts of the alternatives. The RIR also

estimates the total number of small

entities affected by this action and

analyzes the economic impact on those

small entities.

An IRFA was prepared as part of the

RIR, which describes the impact this

proposed rule would have on small

entities, if adopted. The analysis

examined the economic effects of this

proposed rule and made the following

conclusions: Under the status quo

alternative, annual closures of the

Eastern AI/BS to directed fishing for

Atka mackerel, the area most accessible

to the small boat fleet currently using jig

gear, likely will continue to occur by

early to mid February. Thus any

opportunity for the small boat jig fleet

to fish for Atka mackerel when weather

and sea conditions are more favorable is

foregone, and opportunity is lost for

these vessels to harvest Atka mackerel

for bait or to develop a fresh fish market.

Jig gear fishermen who rely on Atka

mackerel for use as bait in the Pacific

cod fishery would need to pursue other

bait alternatives, including the current

practice of purchasing bait at $.50/lb

that is shipped from the East Coast of

the United States.

Under the proposed action, the

potential total revenue to vessels using

jig gear could range from $52,000 to

$104,000 annually, depending on the

percentage of TAC allocated to the jig

gear fleet and assuming that all Atka

mackerel caught are retained and

delivered shoreside. These results are

intended to show a relative potential for

revenue. In reality, these results tend to

overstate the potential gains to these

vessel operators because of physical

limitations in their ability to actually

harvest the amount of Atka mackerel

allocated to them and the assumption

that all Atka mackerel harvested would

be retained.

Similarly, the potential loss to vessels

using trawl gear in at-sea processing

operations ($90,000–$180,000) is likely

overstated to the extent that a portion of

the Atka mackerel harvested is not

retained or to the extent that Atka

mackerel TACs or TAC allocations are

not fully harvested during a year.

Regulatory provisions that would allow

incremental allocations to the jig gear

fleet upon demonstrated harvest

capacity may reduce potential losses to

the trawl fleet that could result from an

allocation of Atka mackerel to jig gear

vessels. No change to the harvest of

Atka mackerel by vessels using pot or

hook-and-line gear is assumed, because

this species is harvested only as bycatch

and typically is not retained.

Significant positive impacts on the jig

gear fleet could occur under the

proposed action to the extent that the jig

gear fleet realized potential gains

through increased harvests of Atka

mackerel. The potential economic

benefit to the 19 catcher vessels using

jig gear to harvest Atka mackerel in 1995

(small entities) could exceed 5 percent

of existing gross annual revenues

currently experienced by this fleet.

Although quantitative data are not

available to assess whether a significant

positive economic impact would occur,

a 5–percent gain in total annual

revenues is not unreasonable under the

proposed action.

The Regulatory Flexibility Act

requires that the IRFA contain a

description of any significant

alternatives that would minimize any

significant economic impact.

Maintaining the status quo would have

minimized the impact. However, since

the impact is positive, the status quo

alternative was not desirable.

Any loss in gross annual revenues

that would be incurred by trawl catcher

vessels under the proposed action

would likely not be significant (exceed

5 percent of a vessel’s total annual

revenue), because these vessel are larger

(> 60 ft (18.29 m) in length) and

participate in other lucrative groundfish

fisheries, including the Atka mackerel

fishery in the Central and Western

Aleutians. Potential economic impacts

to trawl vessels under the proposed

action could be minimized to the extent

that the authority to allocate Atka

mackerel to vessels using jig gear

includes a step-up provision tailored to

anticipated jig gear harvest capacity.

Impact on the trawl fleet would be

minimized further given that such

allocation is restricted to the

Eastern AI/BS. A copy of the RIR/IRFA

is available from NMFS (see

ADDRESSES).

This proposed rule has been

determined to be not significant for the

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: September 15, 1997.

David L. Evans,

Deputy 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 50 CFR

part 679 continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et

seq., and 3631 et seq.

2. In § 679.20, paragraph (a)(8) is

redesignated as paragraph (a)(9) and

new paragraphs (a)(8) and (c)(6) are

added to read as follows:

§ 679.20 General limitations.

* * * * *

(a) * * *

(8) BSAI Atka mackerel.—(i) TAC by

gear. Vessels using jig gear will be

allocated up to 2 percent of the TAC of

Atka mackerel specified for the Eastern

Aleutian Islands District and Bering Sea

subarea, after subtraction of reserves,

based on the criteria specified at

paragraph (a)(8)(ii) of this section. The

remainder of the TAC, after subtraction

of reserves, will be allocated to vessels

using other authorized gear types.

(ii) Annual specification. The

percentage of the Atka mackerel TAC

specified for the Eastern Aleutian
Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Proposed Rules 49467

Islands District and Bering Sea subarea

that is allocated annually to vessels

using jig gear will be published in the

Federal Register as part of the proposed

and final annual specifications under

paragraph (c) of this section. The jig gear

allocation will be based on the

following criteria:

(A) The amount of Atka mackerel

harvested by vessels using jig gear

during recent fishing years;

(B) The anticipated harvest of Atka

mackerel by vessels using jig gear

during the upcoming fishing year; and

(C) The extent to which the jig gear

allocation will support the development

of a jig gear fishery for Atka mackerel

while minimizing the amount of Atka

mackerel TAC annually allocated to

vessels using jig gear that remains

unharvested at the end of the fishing

year.

* * * * *

(c) * * *

(6) BSAI Atka mackerel allocations.

The proposed, interim, and final

specifications will specify the allocation

of BSAI Atka mackerel among gear types

as authorized under paragraph (a)(8) of

this section.

* * * * *

[FR Doc. 97–25015 Filed 9–19–97; 8:45 am]

BILLING CODE 3510–22–F