[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Proposed Rules]
[Pages 85-87]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33369]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 961217360-6360-01; I.D. 112596C]
RIN 0648-AI62
Fisheries of the Exclusive Economic Zone off Alaska; Groundfish
of the Bering Sea and Aleutian Islands Area; Prohibited Species Catch
Limits for Tanner Crab
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to implement Amendment 41 to
the Fishery Management Plan for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area (FMP). This rule would adjust the
prohibited species catch (PSC) limits for Tanner crab (Chionoecetes
bairdi) (C. bairdi) in Zones 1 and 2 of the Bering Sea. This measure is
necessary to protect the C. bairdi stock in the Bering Sea, which has
declined to a level that presents a serious conservation problem.
Changes to the previously proposed 1997 C. bairdi prohibited species
bycatch allowances for the Bering Sea and Aleutian Islands management
area (BSAI) trawl fisheries are also proposed to reflect the proposed
adjustment to the C. bairdi PSC limits. This measure is intended to
accomplish the objectives of the FMP.
DATES: Comments must be received by February 18, 1997.
ADDRESSES: Comments should be sent to Ronald J. Berg, 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 Environmental Assessment/
Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/
RIR/IRFA) prepared for the amendment may be obtained from the North
Pacific Fishery Management Council, Suite 306, 605 West 4th Avenue,
Anchorage, AK 99501-2252; telephone: 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Kim S. Rivera, 907-586-7228.
SUPPLEMENTARY INFORMATION: The U.S. groundfish fisheries of the BSAI in
the exclusive economic zone 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 (16
U.S.C. 1801 et seq.; Magnuson-Stevens Act) and is implemented by
regulations for the U.S. fisheries at 50 CFR part 679. General
regulations that also pertain to U.S. fisheries appear at subpart H of
50 CFR part 600.
Background
Bering Sea crab stocks currently are at relatively low levels,
based on recent NMFS bottom trawl survey data. Recruitment and
exploitable biomass of Bering Sea Tanner crab (C. bairdi) stocks are
near historically low levels. The 1995 Tanner crab season produced only
4.5 million lb (2,017 mt) for the 196 vessels participating. This
amount is the lowest catch since the fishery reopened in 1988.
Preliminary 1996 survey data indicate that the stock decline will
continue.
Crab is a bycatch species in the groundfish fisheries. An objective
of the FMP is to minimize the impact of groundfish fisheries on crab
and other prohibited species, while providing for rational and optimal
use of the region's fishery resources. All gear types used to catch
groundfish have some potential to catch crab incidentally, but the
large majority of crab bycatch occurs in trawl fisheries.
The Council initiated several analyses in January 1995 to examine
measures to further limit crab bycatch in the groundfish fisheries.
Proposed alternatives included a reduction of existing crab bycatch
limits (with an option that the limits be based on crab abundance) and
establishment of bycatch limits for snow crab (C. opilio).
At its January 1996 meeting, the Council requested that a suite of
crab bycatch management measures be examined in one package, so that
the impacts of these measures could be analyzed in a comprehensive
manner. An additional option of establishing PSC limits for Tanner crab
based on abundance thresholds was proposed by the Alaska Crab Coalition
in January 1996 and was added to the analysis at the request of the
Council.
At its April 1996 meeting, the Council modified the alternatives to
include reduced PSC limits for Tanner crab and snow crab. In June 1996,
the Council formed an industry work group to review proposed PSC limits
for Tanner and snow crab. This work group consisted of three crab
fishery representatives, three trawl fishery representatives, and one
shoreside processing representative. The group met August 29-30, 1996,
and came to a consensus on PSC limits for C. bairdi crab. The agreement
negotiated by affected industry groups resulted in a proposal for an
annual specification of PSC limits for C. bairdi based on the total
abundance of C. bairdi as indicated by the most recent NMFS bottom
trawl survey.
At its September 1996 meeting, the Council endorsed the industry
work group agreement and took final action on C. bairdi PSC limits
under Amendment 41 to the FMP. The Council also encouraged the industry
work group to continue to pursue an agreement for an appropriate PSC
limit for C. opilio crab that could be presented to the Council in the
near future. Adjustment of the C. bairdi PSC Limit.
Amendment 41 would modify the current C. bairdi PSC limits of
1,000,000 animals in Zone 1 and 3,000,000 animals in Zone 2 and provide
for the annual specification of the revised PSC limits, based on the
total estimated abundance of C. bairdi as follows:
------------------------------------------------------------------------
Zone Abundance PSC limit (number of animals)
------------------------------------------------------------------------
1..... 0-150 million crabs............ 0.5% of abundance.
150-270 million crabs.......... 750,000.
270-400 million crabs.......... 850,000.
over 400 million crabs......... 1,000,000.
2..... 0-175 million crabs............ 1.2% of abundance.
175-290 million crabs.......... 2,100,000.
290-400 million crabs.......... 2,550,000.
over 400 million crabs......... 3,000,000.
------------------------------------------------------------------------
Based on the abundance of C. bairdi estimated from the 1996 NMFS
trawl survey (185 million crabs), the PSC limit for C. bairdi in 1997
would be 750,000 crabs in Zone 1 and 2,100,000 crabs in Zone 2. Details
of and justification for the proposed PSC limit adjustments under
Amendment 41 are as follows:
C. bairdi PSC limits for U.S. trawl vessels in specified BSAI
fisheries were first established in 1986 by emergency
[[Page 86]]
rule (51 FR 20652, June 6, 1986) and extended in 1987 under Amendment
10 to the FMP (52 FR 8592; March 19, 1987). In 1987 and 1988, the C.
bairdi PSC limits were the subject of negotiations between groundfish,
crab, and halibut fishery representatives under the premise that
measures to limit bycatch of one prohibited species may impact the
bycatch rates of another prohibited species. Determination of the PSC
limits began with the best available scientific information on the
abundance and distribution of the specified crab and halibut species
and their rate of bycatch in fisheries for certain species of
groundfish. These determinations were reviewed and debated in meetings
of the Council's Bycatch Committee. Based on this process, the C.
bairdi PSC limits were established in 1989 at 1,000,000 animals in Zone
1 and 3,000,000 animals in Zone 2 (54 FR 32642; August 9, 1989).
Regulations at Sec. 679.21(e) provide for the apportionment of these
PSC limits among trawl fisheries during the annual specification
process as fishery-specific bycatch allowances. When a fishery attains
its specified bycatch allowance, the zone is closed to that fishery.
The bycatch of C. bairdi in the 1995 BSAI groundfish fisheries
totaled 2.3 million crabs (923,000 in Zone 1 and approximately 1.3
million in Zone 2), which is reduced significantly from 4.3 million in
1992. About 98 percent of the C. bairdi bycatch occurs in the trawl
fisheries. The yellowfin sole fishery accounts for most of the Tanner
crab bycatch, followed by the rock sole/flathead sole/other flatfish
fisheries. Bycatch is highest in NMFS statistical area 509 in Zone 1
and statistical area 513 in Zone 2. Large numbers of Tanner crab also
are consistently taken in statistical areas 517 and 521 in Zone 2. Data
indicate that the recent level of Tanner crab bycatch in trawl
fisheries (1992-95 average of 3.06 million) is high relative to the
1978-87 average of 2.06 million.
The Council's proposed adjustment to the C. bairdi PSC limits is an
effort to protect further the stocks of Bering Sea Tanner crab by
limiting the incidental take of this species when the stock is
depressed. The proposed criteria for the annual specification of the C.
bairdi PSC limits were developed by the Council-appointed industry work
group. Although the industry work group did not make recommendations
for C. opilio PSC limits, the group will meet in the future and attempt
to reach consensus on this issue.
Economic Considerations
Estimates based on the Bering Sea simulation model using 1993 and
1994 fishery data indicate that the proposed management measure would
lead to a slight decrease in the net benefits to the Nation over the
status quo. The approximately $1.2 million decrease in net benefits
using 1993 data and approximately $2.2 million decrease in net benefits
using 1994 data would have resulted in decreases of 0.4 percent and a
0.8 percent, respectively, of the net benefits to the Nation, had the
proposed measure been effective during those years. However, given a
certain level of uncertainty inherent in the data, and in the model
procedures, these predicted changes in net benefits to the Nation are
not great enough to indicate an actual change from the status quo.
Implementation of the proposed measure, along with area closures
proposed to protect red king crab under Amendment 37 (61 FR 65985,
December 16, 1996; final rule cite), may have cumulative effects on
groundfish trawl fisheries. As noted by the Council's Scientific and
Statistical Committee, time and area closures cause temporal and
spatial shifts in groundfish fishery effort. With each additional
bycatch restriction, options for the groundfish trawl fleets are
reduced, resulting in effort shifts that could increase the bycatch of
other prohibited species. However, these tradeoffs will occur with any
protection closure that may be implemented. Proposed Changes to the
Proposed 1997 Prohibited Species Bycatch Allowances for the BSAI Trawl
Fisheries.
As part of the annual BSAI groundfish specification process, the
Council recommended PSC allowances for the BSAI trawl fisheries at its
September 1996 meeting. NMFS published in the Federal Register the
proposed 1997 BSAI groundfish specifications that include the PSC
allowances for the trawl fisheries (61 FR 60076, November 26, 1996).
Table 7 of the proposed 1997 PSC allowances for the BSAI trawl
fisheries would be amended as follows to reflect the proposed
adjustments to the C. bairdi PSC limits:
Table 7.--Proposed 1997 Prohibited Species Bycatch Allowances of C.
Bairdi, Tanner Crab for the BSAI Trawl Fisheries
------------------------------------------------------------------------
Trawl fisheries Zone 1 Zone 2
------------------------------------------------------------------------
(1) (number)
-----------------------
Yellowfin sole.................................. 187,500 1,071,000
Rocksole/flathead sole/otherflat................ 318,750 357,000
Turbot/arrowtooth/sablefish..................... 0 0
Rockfish........................................ 0 6,300
Pacific cod..................................... 187,500 182,700
Pollock/Atka mackerel/other..................... 56,250 483,000
-----------------------
Total..................................... 750,000 2,100,000
------------------------------------------------------------------------
These fishery bycatch allowances reflect the same relative 1997
fishery apportionments of the C. bairdi PSC limits as those proposed by
the Council at its September 1996 meeting.
Classification
This proposed rule to implement Amendment 41 has been preliminarily
determined to be adequate to put before the public for comment. At this
time, NMFS has not determined that the FMP amendment this rule would
implement is consistent with the national standards, other provisions
of the Magnuson-Stevens Act, and other applicable laws. NMFS, in making
that determination, will take into account the data, views, and
comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Council prepared an IRFA as part of the RIR, which describes
the impact this proposed rule would have on small entities, if adopted.
Based on the analysis, it was determined that this proposed rule could
have a significant economic impact on a substantial number of small
entities. In 1995 there were 156 trawl vessels in the BSAI. Those trawl
vessels and processors participating in the BSAI groundfish fishery
could be affected by this proposed action. Most catcher vessels
harvesting groundfish off Alaska are considered small entities and
would be affected by the reduced C. bairdi PSC limits. The economic
impact on small entities that would result from reduced PSC limits
could result in a reduction in annual gross revenues of more than 5
percent and would have a significant economic impact on a substantial
number of small entities. The 132 trawl catcher vessels that harvested
BSAI groundfish in 1993 are considered small entities. Many of these
vessels could be affected by the proposed reduced PSC limits, based on
the best available information. A copy of this analysis is
[[Page 87]]
available from the Council (see ADDRESSES).
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: December 27, 1996.
Nancy Foster,
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 part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq.
2. In Sec. 679.21, paragraph (e)(1)(iii) is removed, paragraphs
(e)(1)(iv) through (vii) are redesignated as paragraphs (e)(1)(iii)
through (vi), respectively, and paragraph (e)(1)(ii) is revised to read
as follows:
Sec. 679.21 Prohibited species bycatch management.
* * * * *
(e) * * *
(1) * * *
(ii) Tanner crab (C. bairdi). The PSC limit of C. bairdi Tanner
crabs caught by trawl vessels while engaged in directed fishing for
groundfish in Zones 1 and 2 during any fishing year will be specified
annually by NMFS under paragraph (e)(6) of this section, based on total
abundance of C. bairdi Tanner crab as indicated by the NMFS annual
bottom trawl survey, using the criteria set out under paragraphs
(e)(1)(ii)(A) and (B) of this section.
(A) Zone 1. When the total abundance of C. bairdi Tanner crabs in
Zone 1 is:
(1) 150 million animals or less, the PSC limit will be 0.5 percent
of the total abundance.
(2) Over 150 million to 270 million animals, the PSC limit will be
750,000 animals.
(3) Over 270 million to 400 million animals, the PSC limit will be
850,000 animals.
(4) Over 400 million animals, the PSC limit will be 1,000,000
animals.
(B) Zone 2. When the total abundance of C. bairdi Tanner crabs in
Zone 2 is:
(1) 175 million animals or less, the PSC limit will be 1.2 percent
of the total abundance.
(2) Over 175 million to 290 million animals, the PSC limit will be
2,100,000 animals.
(3) Over 290 million to 400 million animals, the PSC limit will be
2,550,000 animals.
(4) Over 400 million animals, the PSC limit will be 3,000,000
animals.
* * * * *
[FR Doc. 96-33369 Filed 12-30-96; 9:45 am]
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