[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Rules and Regulations]
[Pages 4110-4113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1398]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 675
[Docket No. 950104001-5001-01; I.D. 092694A]
RIN 0648-AF02
Groundfish of the Bering Sea and Aleutian Island Area; Amendment
21a
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 4111]] ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to implement Amendment 21a to the
Fishery Management Plan (FMP) for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area (BSAI), which prohibits the use of trawl
gear in specified areas surrounding the Pribilof Islands. This action
is necessary to protect areas that are biologically important to
certain crab stocks and to reduce potential interference with seabird
and marine mammal populations. This action is intended to promote the
goals and objectives of the FMP.
EFFECTIVE DATE: January 20, 1995.
ADDRESSES: Copies of Amendment 21a and the Environmental Assessment/
Regulatory Impact Review (EA/RIR) are available from the North Pacific
Fishery Management Council, P.O. Box 103136, Anchorage, AK 99510.
FOR FURTHER INFORMATION CONTACT: Ellen R. Varosi, 907-586-7228.
SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the
exclusive economic zone of the BSAI are managed by NMFS in accordance
with the FMP. The FMP was prepared by the North Pacific Fishery
Management Council (Council) under the Magnuson Fishery Conservation
and Management Act (Magnuson Act). Regulations authorized under the FMP
that pertain to the U.S. groundfish fisheries appear at 50 CFR parts
620, 675, and 676.
This action implements Amendment 21a to the FMP. It establishes a
trawl closure around the Pribilof Islands to protect sensitive habitat
areas for crab, seabird, and marine mammal populations.
A notice of availability of Amendment 21a was published on October
6, 1994 (59 FR 50893), and invited comment on the amendment through
November 29, 1994. A proposed rule was published in the Federal
Register on October 17, 1994 (59 FR 52277); a correction to the
proposed rule was published in the Federal Register on November 3, 1994
(59 FR 55076). Comments on the proposed rule were invited through
November 28, 1994. Written comments are summarized in the ``Response to
Comments'' section, below.
After reviewing the reasons for Amendment 21a and the comments on
the proposed rule to implement it, NMFS approved Amendment 21a on
December 30, 1994, under section 304(b) of the Magnuson Act. Amendment
21a, and this final rule implementing it, prohibits fishing with trawl
gear in the area bounded by a straight line connecting the following
pairs of coordinates in the following order:
Latitude Longitude
57 deg.57.0' N. 168 deg.30.0' W.
56 deg.55.2' N. 168 deg.30.0' W.
56 deg.48.0' N. 169 deg.2.4' W.
56 deg.34.2' N. 169 deg.2.4' W.
56 deg.30.0' N. 169 deg.25.2' W.
56 deg.30.0' N. 169 deg.44.1' W.
56 deg.55.8' N. 170 deg.21.6' W.
57 deg.13.8' N. 171 deg.0.0' W.
57 deg.57.0' N. 171 deg.0.0' W.
57 deg.57.0' N. 168 deg.30.0' W.
The reasons for this action are explained further in the preamble to
the proposed rule.
Changes From the Proposed Rule
The proposed rule would have amended Sec. 675.22 by adding the
proposed trawl closure as paragraph (i). The final rule amends
Sec. 675.24 by adding paragraph (h) to include the trawl closure as the
Pribilof Island Area Habitat Conservation Zone.
Response to Comments
Seven letters of comment were received within the comment period.
Of these, one letter was submitted by another government agency that
acknowledged the action but provided no comment, three letters
supported the action, and three letters of comment opposed the action.
A summary of comments and NMFS' response follows:
Comment 1: The proposed closure in the specified area around the
Pribilof Islands should be disapproved because it includes all
trawling, as opposed to bottom trawling, which will cause unnecessary
impacts to the midwater pollock fishery. Also, the rock sole and
flatfish fisheries will be seriously affected as a result of this
closure. Finally, the rationale of protecting seabirds and marine
mammals has not been analyzed thoroughly and fails to provide adequate
justification for flatfish fisheries.
Response: The inclusion of all trawl gear types provides additional
protection for seabirds and marine mammals because all trawl gear is
retrieved at the surface. Trawl gear interaction with these species at
or near the ocean surface would be eliminated because the incidental
takings of these species primarily occur near the surface. In addition,
the inclusion of all trawl gear promotes enforcement and, by
prohibiting the directed fishing for rock sole and flatfish with trawl
gear, eliminates the source of the highest bycatch rates of crab and
prohibited species categories. The amount of groundfish caught inside
the habitat conservation area is minimal compared to the groundfish
caught in the remaining Bering Sea areas. The EA/RIR provides a
detailed analysis, which concludes that additional conservation
benefits would be achieved with the prohibition of all trawl gear types
from the habitat conservation area, which will have minimal adverse
impact on the trawl fisheries.
Comment 2: Combined effects of the proposed closure and other
closures under consideration by the Council, which directly affect the
rock sole fishery, were not adequately considered. An adequate analysis
should be developed to determine: (1) The increased bycatch rate of
prohibited species catch (halibut and Tanner crab) and other groundfish
species due to the necessity for vessels participating in the rock sole
fishery to change traditional fishing grounds; (2) the increased
probability of a closure of the rock sole fishery before available TAC
is harvested due to the attainment of C. bairdi Tanner crab or halibut
bycatch allowances; (3) the combined effect of other trawl closures,
which have made the rock sole fishery dependent on the Pribilof Islands
area for higher catch rates, such that a redistribution of fishing
effort from this area will result in lower catch rates and poorer
utilization of groundfish stocks; and (4) whether a plausible link
exists between the flatfish fisheries and seabirds or marine mammals.
Response: The problem statement for this action addressed the
habitat concerns for crabs, marine mammals, and seabirds in the
ecosystem around the Pribilof Islands. Groundfish fisheries have
bycatch, which were predominately blue king crab, in the Pribilof
Islands area. Blue king crab exist as isolated populations off the
Pribilof Islands, St. Matthew Island, and St. Lawrence Island.
In addition, the northern fur seal population in the Pribilof
Islands area comprises nearly two-thirds of the world population;
although the population is currently stable, it is listed as depleted
under the Marine Mammal Protection Act. Other seabirds and marine
mammals that forage and breed in the area off the Pribilof Islands are
Steller sea lions, Pacific harbor seals, and red-faced cormorants,
murres species, auklets, and horned puffins. Therefore, the area
surrounding the Pribilof Islands provides the potential for a marine
sanctuary, if all trawling were prohibited. Any fishing with trawl
gear, including flatfish, would increase the potential for interaction
between the species needing protection and trawl gear, which has the
potential to affect [[Page 4112]] marine mammals and seabirds
adversely.
A bycatch simulation model was used initially to examine the
potential impact of alternative trawl closure areas around the Pribilof
Islands. Results of this analysis suggested that minimal impacts in
halibut or Tanner crab bycatch amounts would occur. The EA/RIR prepared
for this action states that these results could be due to the
relatively small spatial scale of the proposed alternatives that the
model could not approximate, or reflect a fairly accurate minimal
impact, both economically and in terms of bycatch of prohibited
species.
Analysis of the preferred alternative did not make use of the
bycatch simulation model, in part because an updated version of the
model was not available. Instead, analysts examined historical
distribution and observed bycatch rates of prohibited species and the
potential displacement of fishing effort from the proposed closed area
to other fishing grounds. Based on this information and the previous
bycatch simulation model runs, NMFS believes the best available
information was used to examine the potential impact of the alternative
trawl closures and that the proposed trawl closure would not be
anticipated to result in an increase in prohibited species bycatch
amounts.
The EA/RIR included adequate analysis of the economic impacts
relative to the groundfish fisheries in this area. Amendment 21a will
have a larger impact on the flatfish fisheries than on other groundfish
fisheries because the highest blue king crab bycatch rate in the
groundfish fisheries has occurred in the closed area. Furthermore, the
rock sole fishery experiences the highest bycatch rate of blue king
crab, which is the species in need of protection.
Comment 3: The proposed Pribilof Island area closure should be
approved, because it will protect most of the king crab stocks, and
enhance the rebuilding of depressed blue king crab stocks without
causing foregone harvest of groundfish.
Response: NMFS concurs with this comment.
Comment 4: Amendment 21a is a conservation measure of significant
proportion that is greatly needed and supported by the residents of the
Pribilof Islands. Adequate support to minimize the impacts of the trawl
fisheries was provided.
Response: NMFS concurs with this comment.
Comment 5: The effects of this closure to protect crab, seabirds,
and marine mammals will significantly affect 14 vessels that fish in
the Pribilof Islands area for rock sole and flatfish. To the extent
that most of the groundfish catch for these fisheries and vessels takes
place in the Pribilof Islands area, the displacement of these trawl
vessels to other open areas will result in significant adverse economic
effects. According to a Report to Industry on Blue and Red King Crab
populations in the Pribilof District, the abundance of blue king crab
has increased by 425 percent. The EA/RIR included the following points:
(1) The abundance of red king crab in the area surrounding the Pribilof
Islands has increased despite continued trawl activity, (2) no
assessment of past trawl closures for crab has been conducted, (3)
justification is lacking for the alleged destructive impact of bottom
trawling on blue king crab's habitat and (4) different models were used
to analyze different alternatives for the closed area.
Response: The rock sole fishery will be able to continue in areas
adjacent to the closed area. The movement of the rock sole fleet to
other areas would allow the rock sole fishery to continue without
affecting blue king crab stocks, marine mammals, and seabird
populations that are dependent on the Pribilof Islands area. Although
the NMFS crab survey indicated the abundance of red king crab has
increased in the Pribilof Islands area in recent years, the habitat of
red king crab covers an extensive portion of the Bering Sea. Blue king
crab are present in isolated populations in localized areas near the
Pribilof Islands, St. Matthew Island, and St. Lawrence Island. Blue
king crab distribution does not extend uniformly across the Bering Sea.
While a 425 percent increase in blue king crab abundance occurred
from 1985 to 1993, 1985 marks the lowest annual abundance of blue king
crab populations, and when compared to the 1980 abundance, the 1985
abundance is 8,800 percent lower.
The Council developed two sets of alternatives for the trawl
closure based on either: (a) Geographic coordinates of existing
management areas; or (b) the habitat of blue king crab, seabirds and
marine mammals as determined through NMFS trawl survey data. The first
set of alternatives was analyzed using a bycatch simulation model. This
approach was not used for the second set of alternatives because an
updated version of the model was not available. Instead, these
alternatives were examined using new technology developed for the
global positioning of observer and fishery data.
Classification
The Director, Alaska Region, NMFS, has determined that FMP
Amendment 21a is necessary for the conservation and management of the
BSAI groundfish fishery and is consistent with the Magnuson Act and
other applicable laws.
The Assistant General Counsel of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule would not have a significant economic
impact on a substantial number of small entities.
NMFS has approved an emergency interim rule prohibiting directed
fishing for groundfish by vessels using trawl gear in part of the
Bering Sea Subarea to protect red king crab. The emergency rule closure
will result in a redistribution of trawl effort for roe-bearing rock
sole from historically productive fishing grounds in the Bristol Bay
Subarea to other areas of the Bering Sea. The final rule implementing
Amendment 21a must become effective concurrent with the emergency rule
to prevent an unprecedented increase in trawl effort around the
Pribilof Islands that could result from the redistribution of the rock
sole fishery under the emergency rule. An increase in trawl effort
around the Pribilof Islands would jeopardize the intent of Amendment
21a to protect the important crab, marine mammal, and seabird habitat
located in this area. The need to implement Amendment 21a in a timely
manner constitutes good cause under authority contained in 5 U.S.C.
553(d)(3), to waive the 30-day delay in effective date and make the
rule effective on January 20, 1995.
This action has been determined to be not significant for purposes
of E.O. 12866.
List of Subjects in 50 CFR Part 675
Fisheries, Reporting and recordkeeping requirements.
Dated: January 13, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 675 is amended
as follows:
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
1. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 675.24, paragraph (h) is added as follows:
[[Page 4113]]
Sec. 675.24 Gear limitations.
* * * * *
(h) Pribilof Island Area Habitat Conservation Zone: Trawling is
prohibited at all times in the area bounded by a straight line
connecting the following pairs of coordinates in the following order:
Latitude Longitude
57 deg.57.0' N. 168 deg.30.0' W.
56 deg.55.2' N. 168 deg.30.0' W.
56 deg.48.0' N. 169 deg.2.4' W.
56 deg.34.2' N. 169 deg.2.4' W.
56 deg.30.0' N. 169 deg.25.2' W.
56 deg.30.0' N. 169 deg.44.1' W.
56 deg.55.8' N. 170 deg.21.6' W.
57 deg.13.8' N. 171 deg.0.0' W.
57 deg.57.0' N. 171 deg.0.0' W.
57 deg.57.0' N. 168 deg.30.0' W.
[FR Doc. 95-1398 Filed 1-13-95; 4:49 pm]
BILLING CODE 3510-22-P
