23712 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

offshore waters are closed at night

between one half-hour after official

sunset to one half-hour before official

sunrise, except in June, July, and August

when the offshore waters do not close.

North Carolina does not presently have

any nighttime closure of its ocean

waters, although the Director of the

Division of Marine Fisheries has the

authority to set the hours of day for the

shrimping season by proclamation,

appropriate to the management of the

fishery.

Request for Comments

NMFS is inviting public comment and

seeking information to help determine

what, if any, nighttime closures should

be implemented under the MagnusonStevens Fishery Conservation and

Management Act and/or Endangered

Species Act as a fishery management

tool, and/or to provide enhanced

protection to sea turtles. In particular,

NMFS wishes to receive quantitative

data, or other information, on the extent

of fishery effort reduction that would be

achieved under various closure

schemes. Information on the impacts,

positive and negative, on affected

fishermen as well as the conservation of

marine turtles is also specifically

requested. NMFS will conduct four

public hearings in the South Atlantic

states to solicit additional information.

The hearings are scheduled as

follows:

1. May 11, 1998, at 7 p.m., Bolivia, NC

2. May 12, 1998, at 7 p.m., Charleston,

SC

3. May 13, 1998, at 7 p.m., Brunswick,

GA

4. May 14, 1998, at 7 p.m., Atlantic

Beach, FL

The hearings will be held at the

following locations:

1. North Carolina Cooperative

Extension Service, Brunswick County

Government Center, Agriculture

Building, (Meeting Room), 25

Referendum Drive, Bolivia, NC 28422;

2. South Carolina Marine Resources

Research Institute, (Auditorium), 217

Fort Johnson Road, Charleston, SC

29412;

3. University of Georgia Marine

Extension Service Office, (Conference

room), 715 Bay Street, Brunswick, GA

31520; and

4. Mayport Elementary School,

(Cafeteria), 2753 Shangri-La Drive,

Atlantic Beach, FL 32233.

Special Accommodations

These hearings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to Charles A. Oravetz

(see FOR FURTHER INFORMATION CONTACT).

Dated: April 24, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 98–11426 Filed 4–28–98; 8:57 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 980331079–8079–01; 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: Proposed rule; proposed

amendment to change seasonal

apportionments of pollock; request for

comments.

SUMMARY: NMFS proposes 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: Comments must be received by

May 15, 1998.

ADDRESSES: Comments on the proposed

rule must be sent to Sue Salveson,

Assistant Regional Administrator for

Sustainable Fisheries, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802, Attn: Lori J. Gravel. Copies of the

Environmental Assessment/Regulatory

Impact Review (EA/RIR) prepared for

this action may be obtained from the

same address.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, 907–586–7228 or

kent.lind@noaa.gov

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

(Magnuson-Stevens Act). Regulations

governing the groundfish fisheries of the

GOA appear at 50 CFR part 600 and 50

CFR part 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.

The proposed rule would shift 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.

In December 1997, the Council

approved a 1998 pollock TAC of

119,150 metric tons (mt) for the W/C

Regulatory Areas of the GOA. This TAC

represents a 60 percent increase from

the 1997 pollock TAC of 74,400 mt. The

GOA Plan Team and the Council’s

Scientific and Statistical Committee

recommended the increased TAC based

on survey and fishery data indicating

increasing abundance and the presence

of a large 1994 year class. Despite the

projected increase in the pollock

biomass available in the GOA, NMFS

marine mammal biologists believe that

precautionary action is warranted to

shift increases in pollock fishing away

from the fall and winter months, which

are a critical feeding period for Steller

sea lions particularly juveniles and

adult females. Without action, 50

percent of the increased TAC would

become available to commercial fishing

during the September fishing season,

substantially increasing the amount of

fish that could be harvested in that

season and extending the fishery further

into that season, a time period

considered particularly critical to Steller

sea lions.

Current Status of Steller Sea Lions

NMFS has the authority to implement

regulations necessary to protect Steller

sea lions under the Endangered Species

Act (ESA) and the Marine Mammal
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 23713

Protection Act. Similarly, under the

Magnuson-Stevens Act, NMFS has the

authority to regulate fishing activities

that may be affecting sea lions, directly

or indirectly. In 1990, coincident with

the listing of Steller sea lion as

threatened under the ESA (55 FR 12645;

April 5, 1990), NMFS: (1) Prohibited

entry within 3 nautical miles of listed

Steller sea lion rookeries west of 150°

W. long.; (2) prohibited shooting at or

near Steller sea lions; and (3) reduced

the allowable level of take incidental to

commercial fisheries in Alaskan waters.

As a result of ESA section 7

consultations on the effects of GOA

groundfish fisheries, NMFS

implemented additional protective

measures in 1991, 1992, and 1993 to

reduce the effects of certain commercial

groundfish fisheries on Steller sea lion

foraging.

On June 4, 1997, NMFS separated the

Steller sea lion population into eastern

and western stocks and listed the

western stock as endangered under the

ESA (62 FR 24345, May 5, 1997). The

eastern stock remains listed as

threatened. The two stocks are separated

at 144° W. long., or approximately at

Cape Suckling, just east of Prince

William Sound. This stock separation

was based on genetic differences

(mitochondrial DNA), different

population trajectories (declining stock

in the west, stable or slightly increasing

stock in the east), as well as other

factors. No additional management

actions accompanied the 1997 change in

ESA listing.

Since these measures were imposed,

NMFS has been studying the

relationship between biomass removed

by fisheries and declines in the Steller

sea lion population (Ferrero and Fritz,

1994). These studies have been

inconclusive, showing both positive and

negative correlations between harvest

levels and Steller sea lion populations at

various locations in the GOA and

Aleutian Islands. Because Steller sea

lions are long-lived with low

reproductive rates, the effects, if any, of

these protective measures on the Steller

sea lion population may be slow to

manifest themselves. For perspective,

NMFS marine mammal biologists

estimate that fishing restrictions may

need to be in place a minimum of 10

years to observe effects in the

population.

During June 1997, NMFS surveyed

Steller sea lion populations in the W/C

Regulatory Areas of the GOA and the

eastern Aleutians Islands. The 1997

survey included rookery and haul-out

sites from Outer Island off the Kenai

Peninsula to the Umnak Island region.

Numbers of non-pups at rookery and

haul-out trend sites in the survey area

declined by 13.9 percent since 1994 and

10.3 percent since June 1996. The

greatest relative declines were in the

central GOA (Kenai Peninsula to the

Semidi Islands), a region where nonpup numbers have declined each survey

since 1989. Numbers also declined at

trend sites in the western GOA and in

the eastern Aleutian Islands, two

regions where numbers are depressed

but have remained relatively steady

since 1989. Considering all sites

surveyed each year since 1994

(approximately 50 percent more animals

than at trend sites only), numbers of

non-pups remained stable in the

western Gulf and eastern Aleutian

Islands (10,858 in 1994, 11,034 in 1996,

11,080 in 1997).

Importance of Pollock to Steller Sea

Lions

At present, NMFS cannot fully

characterize the foraging patterns and

preferences of Steller sea lions.

Nevertheless, pollock is a major

component of their diet. Numerous

studies of Steller sea lion diet suggest

that, in many areas, pollock is their

most frequent prey item (NMFS, 1995

Status review of the United States

Steller Sea Lion [Eumetopias jubatus]

population). The leading hypothesis for

the decline of the Steller sea lion is the

lack of available prey. Therefore, the

availability of pollock is a matter of

considerable management concern.

The pollock fishery in the Western

Regulatory Areas occurs substantially

within Steller sea lion foraging areas.

Harvest data indicate significant pollock

removals have occurred since 1977 from

areas designated as critical habitat

under the ESA. The percentage of total

pollock catch in the GOA removed from

within Steller sea lion critical habitat

has increased significantly from less

than 10 percent in the late 1970s to

approximately 80 percent from 1983 to

1986. Except for a high removal in 1988

(approximately 90 percent), the

percentage of the pollock catch removed

from critical habitat dropped to

approximately 60 percent or less of the

total catch in 1987–91. Although as

discussed above sea lion protective

measures were put in place in the early

1990s, the percentage of total pollock

removed from critical habitat has

increased from the level seen in the late

1980s to 80 percent in 1993–96. This

harvest has occurred principally within

20 nautical miles of rookeries and major

haulouts. Additional information on the

status of Steller sea lions and the

pollock fishery in the GOA is available

in the EA/RIR prepared for this action

(See ADDRESSES).

Concerns Related to Current Pollock

Seasonal Apportionments

The pollock fishery in the W/C

Regulatory Areas of the GOA could

adversely affect the foraging success of

Steller sea lions in three major ways:

1. The fishery could deplete pollock

stocks in a local geographic area of

foraging importance due to aggregation

of fishing effort;

2. Fishing pressure could alter the age

structure of fish stocks targeted by a

fishery, resulting in a shift in biomass

from older to younger age classes; and

3. Fishing could alter the actual and

relative abundance of pollock stocks in

the GOA and increase the dominance of

fish species that are less desirable for

Steller sea lions. (NMFS, Biological

Opinion on the Gulf of Alaska

Groundfish Fishery Management Plan,

1991).

The first and third of these factors

appear to have the greatest significance

to Steller sea lions. The first factor may

be more significant during late fall and

winter, when sea lions, particularly

pregnant females and newly-weaned

pups, may be more nutritionallystressed. Most Steller sea lions give

birth to pups in June, and by October,

some of the pups are beginning to wean.

For Steller sea lions, weaning appears to

be a protracted event. The post-weaning

period may be a critical transition in a

sea lion’s life history, as pups begin

foraging independently concurrent with

more adverse winter conditions

(Merrick and Loughlin, 1997).

The 60 percent increase in TAC in the

W/C Regulatory Areas has raised two

specific concerns related to the

disproportionate percentage of TAC

currently apportioned to the third

fishing season, which opens September

1. The first concern is that, under a 60

percent TAC increase, the third pollock

season is expected to last longer,

increasing the time period during the

third season in which sea lions may be

in competition with the commercial

fishery for pollock prey. Subsequent

increases of TAC in future years could

further aggravate this trend during a

time period that may be critical to sea

lions.

The second concern is that harvest of

a disproportionate percentage of the

TAC during a single time period may

increase the likelihood that the

commercial fishery may deplete the

pollock resource in localized areas

where Steller sea lions may forage.

Since fishing activity is not distributed

evenly throughout the W/C Regulatory

Areas, (i.e., fishermen tend to fish as

close to the processing plant as

possible), there is a greater likelihood
23714 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

that pollock stocks in certain localized

areas could be depleted during the third

season, which currently has twice the

TAC allowance of the first and second

seasons. While there is no evidence that

such localized depletions have any

effect on the health of the pollock

stocks, the concern is that, if localized

depletions occur near Steller sea lion

feeding areas, they may adversely affect

Steller sea lions.

Section 7 Consultation on the 1998

GOA Pollock TAC Specifications

Based on the concerns cited above,

NMFS initiated ESA section 7

consultation on the 1998 GOA pollock

TAC specifications. In a Biological

Opinion dated March 2, 1998, NMFS

described the proposed 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.

The Biological Opinion concluded

that the proposed increase in the TAC

for pollock in the combined Western

and Central Regulatory Areas of the

GOA fishery is not likely to jeopardize

the continued existence of the western

population of Steller sea lions and is not

likely to destroy or adversely modify

designated critical habitat for the

species in Alaska.

Amendment to Final 1998 W/C

Regulatory Area Pollock TAC

Specifications

To implement the proposed rule in

1998, this action also would amend

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 would be

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.]

Statistical area Biomass

percent

1998

ABC = TAC

(mt)

Seasonal Allowances

First Second Third

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

Total ............................................................................................ 100 119,150 29,790 41,705 47,655

Classification

This proposed 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

proposed rule, if adopted, will not have

a significant economic impact on a

substantial number of small entities as

follows:

In 1996, the most recent year for which

vessel participation data are available, 1,508

vessels participated in the groundfish

fisheries of the GOA; 1,254 longline vessels,

148 pot vessels, and 202 trawl vessels. All of

these vessels may be considered small

entities under the Regulatory Flexibility Act

and, all of these vessels may encounter

pollock in the course of their fishing activity

and are therefore, affected by regulations

governing the taking of pollock in the GOA.

These small entities could experience

impacts from this rule in one of two ways

depending on whether or not they participate

in the directed fishery for pollock in the W/

C Regulatory Area. The 1,412 vessels that do

not engage in directed fishing for pollock are

nonetheless affected by regulations governing

the pollock fishery because improved

retention/improved utilization regulations

require that the vessels retain and utilize all

pollock brought on board the vessel up to any

maximum retainable bycatch amount in

effect for pollock, regardless of whether

pollock is the vessel’s target fishery. A shift

in pollock TAC from September to June

would have the effect of shortening the

September pollock fishery and lengthening

the June pollock fishery. Consequently,

vessels engaged in fisheries other than

pollock will have a longer period in June

during which all incidental pollock catch

must be retained, and a shorter period in

September during which all incidental catch

of pollock must be retained. However, this

shift is not expected to have any economic

effect on vessels not engaged in directed

fishing for pollock because all non-pollock

vessels maintain incidental catch rates for

pollock that are below the maximum

retainable bycatch amount regardless of

whether the pollock fishery is open or closed.

Because potential economic impacts would

fall primarily on the vessels engaged in

directed fishing for pollock, it is necessary to

consider these entities as a separate universe

for purposes of the Regulatory Flexibility

Act. In 1996, 96 vessels, all of them trawl

catcher vessels, participated in the directed

fishery for pollock in the GOA. All of these

vessels are considered small entities and all

could experience economic impacts as a

result of this rule. The projected exvessel

value of the 1998 pollock fishery in the

combined W/C Regulatory Area is

$25,670,006 under the status quo, and

$25,144,792 under the proposed action,

which represents a 2 percent reduction in

exvessel value from the status quo. Therefore,

the 96 vessels in the GOA that engage in

directed fishing for pollock may be expected

to experience a 2 percent reduction in the

exvessel value of their pollock catch under

the proposed action, relative to the status

quo. The actual impact on an individual

vessel’s gross annual revenue would vary

depending on how much of its total annual

revenue derives from the pollock fishery.

Most vessels that engage in directed fishing

for pollock participate in other groundfish

fisheries and some also participate in crab

and salmon fisheries as well. Therefore, in no

case would the effect of the proposed action

be a decrease greater than 2 percent of a

vessel’s gross revenue. This reduction in

gross revenue relative to the status quo is not

expected to force any small entities out of

business, especially given that the 60 percent

increase in pollock TAC for 1998 will result

in a substantial increase in revenues to the

pollock fishery relative to 1997.

Because a reapportionment of pollock TAC

under the proposed action would not result

in a reduction of gross annual revenue of

more than 2 percent for any vessel in the

fishery, would not increase total costs of
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 23715

production, and would not increase total

costs of production, and would not increase

compliance costs for small entities compared

with compliance costs as a percent of sales

for large entities, this action would not have

a significant economic impact on a

substantial number of small entities.

Consequently, an initial regulatory flexibility

analysis was not prepared.

Copies of the EA/RIR are available from

NMFS (see ADDRESSES).

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,

the Assistant Administrator for

Fisheries, NOAA, determined that

fishing activities conducted under this

proposed 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, Reporting and

recordkeeping requirements.

Dated: April 24, 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 proposed

to be 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. 1801 et seq., 773 et

seq., and 3631 et seq.

2. In § 679.20, paragraph (a)(5)(ii)(B) is

revised to read as follows:

§ 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 § 679.23(d)(2).

* * * * *

[FR Doc. 98–11472 Filed 4–29–98; 8:45 am]

BILLING CODE 3510–22–P