[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61215-61218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29178]
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DEPARTMENT OF COMMERCE
50 CFR Part 675
[Docket No. 950830223-5273-02; I.D. 082395C]
RIN 0648-AE97
Groundfish of the Bering Sea and Aleutian Islands Area; Chinook
Salmon Savings Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 61216]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing Amendment 21b to the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area (FMP). This amendment prohibits the use of trawl gear in specified
areas of the Bering Sea and Aleutian Islands management area (BSAI)
until April 15 of a fishing year if and when 48,000 chinook salmon are
taken as bycatch by trawl vessels in the BSAI during the period from
January 1 until April 15 of that fishing year. This action is necessary
to limit chinook salmon bycatch in the trawl fisheries and is intended
to promote the objectives of the FMP.
EFFECTIVE DATE: January 1, 1996.
ADDRESSES: Copies of Amendment 21b and the environmental assessment/
regulatory impact review/final regulatory flexibility analysis (EA/RIR/
FRFA) prepared for Amendment 21b are available from the North Pacific
Fishery Management Council, 605 W. 4th Avenue, Anchorage, AK 99510;
telephone: 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Sally Bibb, 907-586-7228.
SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in
the exclusive economic zone of the BSAI is managed by NMFS according to
the FMP prepared by the North Pacific Fishery Management Council
(Council) under the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) (Magnuson Act). The FMP is implemented by
regulations governing the U.S. groundfish fisheries at 50 CFR parts 675
and 676. General regulations that also pertain to U.S. fisheries are
codified at 50 CFR part 620.
Chinook salmon are caught incidentally in trawl fisheries in the
BSAI management area. They are a prohibited species in the trawl
fisheries and must be discarded after being counted by a NMFS-certified
observer.
Chinook salmon bycatch in the domestic BSAI trawl fisheries
exceeded 20,000 fish in 1987, 1988, and 1989, and exceeded 40,000 fish
in 1991, 1992, 1993, and 1994. Chinook salmon bycatch in 1995 is
estimated to be approximately 20,000 fish through September 23.
Concern about bycatch in the groundfish trawl fisheries exists
because incidental harvests reduce the amount of chinook salmon
available for escapement and subsistence, commercial, and recreational
fisheries. From about 50 percent to over 90 percent of the chinook
salmon bycatch in the BSAI is believed to originate from Western
Alaska. Minimum escapement goals for several systems in the Yukon
River, Kuskokwim River, and portions of Bristol Bay were not met in the
mid- and late-1980's. Although escapement has improved in recent years,
these goals are only being met through careful management of directed
fisheries by time, area, and gear restrictions, and through increased
abundance of chinook salmon. In addition, chinook salmon is one of the
major food items of the Yup'ik Eskimo and Athabaskan Indians of Western
and Interior Alaska and plays an important role in supporting the
indigenous cultures and mixed, subsistence-cash socioeconomic systems
of these peoples. Finally, commercial and recreational chinook salmon
fishing provides a primary source of income in Western Alaska
communities.
A proposed rule to implement Amendment 21b to the FMP was published
in the Federal Register on September 8, 1995 (60 FR 46811). Public
comment on the proposed rule was invited through October 20, 1995. A
notice of availability for Amendment 21b was published in the Federal
Register on August 21, 1995 (60 FR 45392). Comments on Amendment 21b
were accepted through October 24, 1995. Five letters containing nine
comments were received within the comment period. These comments are
summarized in the ``Response to Comments'' section below.
Amendment 21b was approved by NMFS on November 20, 1995, under
section 304(b) of the Magnuson Act. Upon reviewing the reasons for
Amendment 21b and the comments on the proposed rule to implement it,
NMFS has determined that this final rule creating a Chinook Salmon
Savings Area (CHSSA) is necessary for fishery conservation and
management. These measures are unchanged from the proposed rule.
Three non-contiguous areas of the BSAI comprised of nine \1/2\ deg.
latitude by 1 deg. longitude blocks constitute the CHSSA. The CHSSA
will be monitored for incidental catches of chinook salmon in the trawl
fisheries during the period from January 1 until April 15 of each
fishing year. If an annual prohibited species catch (PSC) limit is
reached in the BSAI during that period, the CHSSA will then be closed
to vessels using trawl gear. If closed, the CHSSA will reopen April 15
for the remainder of the year, regardless of the amount of chinook
salmon bycatch.
The CHSSA are:
(1) The area defined by straight lines connecting the following
coordinates in the order listed:
56 deg. 30' N., 171 deg. 00' W.;
56 deg. 30' N., 169 deg. 00' W.;
56 deg. 00' N., 169 deg. 00' W.;
56 deg. 00' N., 171 deg. 00' W.; and
56 deg. 30' N., 171 deg. 00' W.
(2) The area defined by straight lines connecting the following
coordinates in the order listed:
54 deg. 00' N., 171 deg. 00' W.;
54 deg. 00' N., 170 deg. 00' W.;
53 deg. 00' N., 170 deg. 00' W.;
53 deg. 00' N., 171 deg. 00' W.; and
54 deg. 00' N., 171 deg. 00' W.
(3) The area defined by straight lines connecting the following
coordinates in the order listed:
56 deg. 00' N., 165 deg. 00' W.;
56 deg. 00' N., 164 deg. 00' W.;
55 deg. 00' N., 164 deg. 00' W.;
55 deg. 00' N., 165 deg. 00' W.;
54 deg. 30' N., 165 deg. 00' W.;
54 deg. 30' N., 167 deg. 00' W.;
55 deg. 00' N., 167 deg. 00' W.;
55 deg. 00' N., 166 deg. 00' W.;
55 deg. 30' N., 166 deg. 00' W.;
55 deg. 30' N., 165 deg. 00' W.; and
56 deg. 00' N., 165 deg. 00' W.
Further explanation of, and reasons for, this rule are contained in
the preamble to the proposed rule (60 FR 46811, September 8, 1995).
Response to Comments
Five letters containing nine comments were received within the
comment period. The following paragraphs provide a summary and response
to comments.
Comment 1: The bycatch simulation model used to predict the
biological and economic impacts of the alternatives is outdated and
inappropriate. The model did not incorporate recent regulatory actions
such as trawl closures, the pollock ``B'' season delay, and the Catcher
Vessel Operational Area. In addition, the use of historical salmon
bycatch rate information to predict future salmon bycatch patterns is
misleading due to the difficulty of sampling to estimate salmon bycatch
and to uncertainty associated with the historical data.
Response: The draft EA/RIR/FRFA was developed over a 3-year period
from 1992 to 1995. The bycatch simulation model was used to analyze
alternatives in early drafts and, consequently, was based on management
measures and historical data available at that time. Additional
alternatives, including the 8- and 9-block closure areas, were included
in the analysis in 1994 and 1995. At that time, the bycatch simulation
model was
[[Page 61217]]
outdated and new data were not readily available to update the model.
As a result, these additional alternatives were not analyzed using the
model. The Council's preferred alternative was the 9-block closure.
In addition, the bycatch simulation model projects closures on the
basis of historical bycatch rate data since 1990. A closure would not
be projected by the model if the bycatch limit in question exceeded
bycatch amounts in the years used in the model. For example, the model
would not project closure of any area of the BSAI as a result of a
48,000 chinook salmon bycatch limit because this amount exceeds
historical bycatch in any year since 1990. Therefore, even if the
bycatch simulation model had been updated for new management measures
and data, no closure would have been projected as a result of the
preferred alternative.
The EA/RIR/FRFA does not base the economic analysis on the results
of the bycatch simulation model. Rather, the analysis is based on
geographical analysis of the location and timing of historic catch and
bycatch data. The analysis identifies times and areas of high chinook
salmon bycatch and compares the proportion of estimated chinook salmon
bycatch and total groundfish catch from the trawl fisheries for pollock
and Pacific cod in these areas. The CHSSA were selected because they
represented areas with a relatively high proportion of the overall
chinook salmon bycatch in comparison with the proportion of total
groundfish catch.
Although historical chinook salmon bycatch indicates that it is
unlikely that the CHSSA would close, the analysis does recognize the
importance of these areas in that between 20 percent and 49 percent of
groundfish harvested in the pollock and cod trawl fisheries between
1990 and 1993 were harvested in the CHSSA.
The response to Comment 4 addresses concerns about the adequacy of
observer sampling data as a basis for estimating salmon bycatch
amounts.
Comment 2: The bycatch simulation model does not address impacts of
a closure on halibut and Tanner crab bycatch in the cod fishery.
Response: The bycatch simulation model does project changes in
halibut and Tanner crab bycatch that would occur if areas close and
fishing effort moves to adjacent areas. However, for the reasons
discussed above, the bycatch simulation model was not used to analyze
the impacts of Amendment 21b. If the model had been used, it would have
projected that the 48,000 chinook salmon bycatch limit would not have
been reached and, therefore, that this alternative would have no affect
on halibut and Tanner crab bycatch.
The geographical based information summarized in figures, maps, and
text contained in the EA/RIR/FRFA addressed the distribution of
groundfish catch and chinook salmon bycatch in the pollock and cod
fisheries. This information did not address halibut and Tanner crab
bycatch in CHSSA or adjacent areas.
Comment 3: Closure of a smaller area north of Unimak Island could
reduce salmon bycatch by 25 percent at all levels of salmon abundance,
while only redistributing about 6 percent of the ``A''-season pollock
effort. This closure is preferable to the proposed CHSSA.
Response: The EA/RIR/FRFA confirms that the areas north of Unimak
Island, identified as the ``horseshoe'' and ``Unimak'' blocks, have
historically contributed substantially to the chinook salmon bycatch
amounts. However, other areas along the 200-m contour, and the
remaining blocks included in the CHSSA, also have experienced high
chinook salmon bycatch in one or more years. The variability associated
with historical chinook salmon bycatch, in the same area from year to
year and in adjacent areas in the same year, indicate the difficulty in
predicting where salmon bycatch problems will occur in the future. NMFS
believes that closure of the CHSSA in response to high bycatch amounts
will provide a better ability to limit bycatch for the remainder of the
year than would closure of a smaller area. In addition, the Council
considered trade-offs between potential groundfish catch and chinook
salmon bycatch in selecting the CHSSA as their preferred alternative.
Comment 4: The procedures used to estimate historical chinook
salmon in past years are neither precise nor accurate. The CHSSA cannot
be enforced until NMFS reforms its chinook salmon bycatch estimation
procedures.
Response: NMFS disagrees. NMFS conducted a comparison of whole haul
and partial haul sampling (including basket sampling) data. Results
showed that partial haul sampling produced accurate estimates of
bycatch. Although the variance of the estimate increased as the sample
size decreased, no bias was detected. The same analysis showed that
regulations requiring retention of salmon until counted by an observer
(Sec. 675.20(c)(6)) failed to obtain accurate numbers overall. Accurate
counts were highly linked to the presence of an observer. NMFS
concludes that the most accurate salmon bycatch estimates are those
derived from direct observer sampling, and that increasing precision
can be obtained by increasing sample sizes. NMFS believes that the
CHSSA can be enforced using existing methods for estimating chinook
salmon bycatch.
Comment 5: Historical chinook salmon bycatch is not a valid basis
for predicting locations of high salmon bycatch in the future.
Therefore, NMFS should use ``hot spot authority'' to close areas of
high chinook salmon bycatch.
Response: NMFS disagrees. NMFS has the authority to close an area
to fishing due to high bycatch rates. However, in practice, NMFS cannot
collect accurate in-season bycatch data fast enough to make timely
closures of high bycatch areas. Therefore, NMFS recommends that the
Council identify areas of historically high bycatch rates and use a
prohibited species catch limit to trigger closure of these areas.
Comment 6: Limits in chinook salmon bycatch could have been
accomplished through co-management using the voluntary Salmon Research
Foundation initiative.
Response: The Council considered the alternative of ``status quo,''
which would have allowed continued development of voluntary salmon
bycatch limitations initiatives like the Salmon Research Foundation.
However, the Council chose to recommend a chinook salmon prohibited
species catch limit that triggers closure of the CHSSA, recognizing the
potential negative impact the action would have on the voluntary
program initiated by the Salmon Research Foundation. NMFS acknowledges
the laudable work conducted by the Salmon Research Foundation to
address the salmon bycatch problem. However, NMFS concurs in the
Council's recommendation, given that not all trawl vessels participated
in the Foundation's voluntary program. In addition, the future
effectiveness of the Foundation's program would be largely dependent on
the unknown ability of competing trawl industry groups to engage in
widespread cooperation and voluntary participation in the Foundation's
program. Amendment 21b provides a more certain mechanism for limiting
chinook salmon bycatch in the future.
Comment 7: Any trigger that closes an area is more likely to be
reached in years of increased chinook salmon abundance when there is
less need to constrain bycatch than in years of low chinook abundance.
Response: NMFS agrees that there is more of a need to constrain
chinook salmon bycatch in years of low abundance and the EA/RIR/FRFA
shows that low bycatch has been followed, in
[[Page 61218]]
the next year, by low returns to the Nushagak River. However,
projecting chinook salmon abundance in future years is currently not
possible. In addition, it would be difficult for NMFS to establish
whether low chinook salmon bycatch was occurring due to low salmon
abundance or changes in trawl fishing behavior. Therefore, it does not
appear that existing information about the relationship between salmon
bycatch and salmon abundance supports the development of a workable,
abundance-based bycatch management program.
Comment 8: Trigger and closure management actions should be very
well justified on a cost/benefit basis and narrowly tailored in scope
before qualifying for approval. This action has the potential of
imposing extreme costs on the pollock and Pacific cod trawl fleet,
while providing little benefit to the salmon fisheries of western
Alaska.
Response: Current levels of chinook salmon bycatch are not
considered a conservation problem. The primary objective of Amendment
21b is to avoid the levels of high chinook salmon bycatch that occurred
in the late 1970s and early 1980s. The 48,000 chinook salmon bycatch
limit is greater than any annual chinook salmon bycatch estimate since
1980, except 1991. NMFS believes that closures of the CHSSA likely will
occur only in years of unusually high chinook salmon bycatch. Although
closure of the CHSSA would affect the pollock or Pacific cod trawl
fisheries, NMFS believes it is important to have a mechanism in place
to limit future increases in chinook salmon bycatch.
The EA/RIR/FRFA does show a relationship between high chinook
salmon bycatch amounts and returns to the Nushagak River in the next
year. Although information is incomplete about chinook abundance
throughout western Alaska and the relationship between bycatch amounts
and returns to western Alaska, the Council and NMFS believes that
limits on chinook salmon bycatch will provide benefits for chinook
salmon escapement and commercial, recreational, and subsistence
fisheries.
Comment 9: The U.S. Fish and Wildlife Service supports the proposed
action to limit chinook salmon bycatch in the BSAI trawl fisheries.
Response: NMFS concurs.
Classification
The Director, Alaska Region, NMFS, has determined that Amendment
21b to the FMP is necessary for the conservation and management of the
BSAI fisheries and that it is consistent with the Magnuson Act and
other applicable laws.
The Council prepared a FRFA as part of the RIR, which indicates
that this rule could have a significant economic impact on a
substantial number of small entities. A summary of this determination
is included in the proposed rule (60 FR 46811, September 8, 1995). A
copy of the EA/RIR/FRFA may be obtained from the Council (see
ADDRESSES).
This rule 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: November 22, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For 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. In section 675.22, paragraph (i) is added to read as follows:
Sec. 675.22 Time and area closures.
* * * * *
(i) Chinook Salmon Savings Areas. When the Regional Director
determines that 48,000 chinook salmon (Oncorhynchus tshawytscha) have
been caught by vessels using trawl gear during the time period from
January 1 until April 15 in the Bering Sea and Aleutian Islands
management area, NMFS will prohibit fishing with trawl gear for the
remainder of that period within the following three areas:
(1) The area defined by straight lines connecting the following
coordinates in the order listed:
56 deg. 30' N., 171 deg. 00' W.;
56 deg. 30' N., 169 deg. 00' W.;
56 deg. 00' N., 169 deg. 00' W.;
56 deg. 00' N., 171 deg. 00' W.; and
56 deg. 30' N., 171 deg. 00' W.
(2) The area defined by straight lines connecting the following
coordinates in the order listed:
54 deg. 00' N., 171 deg. 00' W.;
54 deg. 00' N., 170 deg. 00' W.;
53 deg. 00' N., 170 deg. 00' W.;
53 deg. 00' N., 171 deg. 00' W.; and
54 deg. 00' N., 171 deg. 00' W.
(3) The area defined by straight lines connecting the following
coordinates in the order listed:
56 deg. 00' N., 165 deg. 00' W.;
56 deg. 00' N., 164 deg. 00' W.;
55 deg. 00' N., 164 deg. 00' W.;
55 deg. 00' N., 165 deg. 00' W.;
54 deg. 30' N., 165 deg. 00' W.;
54 deg. 30' N., 167 deg. 00' W.;
55 deg. 00' N., 167 deg. 00' W.;
55 deg. 00' N., 166 deg. 00' W.;
55 deg. 30' N., 166 deg. 00' W.;
55 deg. 30' N., 165 deg. 00' W.; and
56 deg. 00' N., 165 deg. 00' W.
[FR Doc. 95-29178 Filed 11-28-95; 8:45 am]
BILLING CODE 3510-22-W
