[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Rules and Regulations]
[Pages 63451-63453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30011]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 675
[Docket No. 951128281-5281-01; I.D. 112795A]
Groundfish of the Bering Sea and Aleutian Islands Area, Trawl
Closure To Protect Red King Crab
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustment; request for comments.
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SUMMARY: NMFS has determined that an interim closure to all trawling is
necessary in a portion of the Bristol Bay area of the Bering Sea. The
number of female red king crab in Bristol Bay has declined to a level
that presents a serious conservation problem for this stock. To prevent
excessive bycatch rates of Bristol Bay area red king crab, NMFS is
implementing an interim closure in an area of Bristol Bay to vessels
using trawl gear. This management measure is intended to accomplish the
objectives of the North Pacific Fishery Management Council with respect
to fishery management in the Bering Sea and Aleutian Islands management
area (BSAI).
DATES: Effective January 20, 1996, through March 31, 1996. Comments
must be submitted by January 10, 1996.
ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, National Marine Fisheries Service,
P.O. Box 21668, Juneau, AK 99802, Attention: Lori Gravel. The
Environmental Assessment/Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) prepared for proposed Amendment 37
to the Fishery Management Plan for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area addresses the action implemented under
this inseason adjustment. Copies of the EA/RIR/IRFA may be obtained
from the North Pacific Fishery Management Council, 605 W. 4th Ave.
Suite 306, Anchorage, AK 99501-2252.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Fishing for groundfish by U.S. vessels in the exclusive economic
zone of the BSAI is managed by NMFS according to the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area (FMP). The FMP was 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), and 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.
High prohibited species bycatch rates may warrant inseason
adjustment to close an area to fishing for groundfish. Authority for
interim closures of a specific area is outlined under regulations at
Sec. 675.20(e). This inseason adjustment prohibits fishing for
groundfish by operators of vessels using trawl gear in that portion of
the Bering Sea that is bounded by a straight line connecting the
following coordinates in the order listed below from January 20 through
March 31, 1996:
56 deg.00' N.; 162 deg.00' W.;
[[Page 63452]]
56 deg.00' N.; 164 deg.00' W.;
57 deg.00' N.; 164 deg.00' W.;
57 deg.00' N.; 162 deg.00' W.; and
56 deg.00' N.; 162 deg.00' W.
This action is necessary to protect declining stocks of red king
crab and to prevent an excessive share of red king crab from being
taken by the groundfish trawl fisheries early in the fishing season.
The Red King Crab Savings Area (RKCSA), outlined above, was closed
to vessels using non-pelagic trawl gear by emergency rule on January
20, 1995 (60 FR 4866, January 25, 1995) to protect declining stocks of
red king crab. At that time the Council asked staff to further analyze
alternative closure areas that could be implemented permanently under
an FMP amendment to provide long-term protection to Bristol Bay red
king crab. At its September 1995 meeting, the Council recommended
implementation of proposed Amendment 37 to the FMP, an action similar
to the emergency rule. This includes a closure of the RKCSA to vessels
using non-pelagic trawl gear as well as an increase in observer
coverage. The Council further expressed its intent that the closure be
implemented in time for the 1996 trawl season, which starts January 20,
1996.
NMFS concurs that crab conservation concerns, as well as excessive
red king crab bycatch rates historically experienced by the flatfish
trawl fisheries early in the year, warrant timely action in 1996.
Therefore, NMFS is implementing a modified version of the Council's
recommended action via inseason adjustment authority under regulations
at Sec. 675.20(e). NMFS intends to initiate review of the Council's
proposed Amendment 37 to the FMP as quickly as possible. If the
amendment is approved by NMFS, the Council's preferred action would be
effective for 1997 and beyond.
Under the 1995 emergency rule, NMFS required increased observer
coverage on vessels fishing for flatfish in Zone 1 as well as on
vessels fishing with pelagic trawl gear in the RKCSA. The extra
observer coverage on the pelagic trawl vessels was implemented to
ensure that the crab performance standard, established for pelagic
trawl operators (Sec. 675.7(n)), could be monitored.
At its September 1995 meeting, the Council recommended that these
increases in observer coverage be included as part of the proposed
action under Amendment 37. The regulatory authority for inseason
adjustment does not allow for increases in observer coverage.
Therefore, NMFS is prohibiting the use of all trawl gear in the RKCSA
for the effective period in 1996 because requirements for increased
observer coverage cannot be implemented under this inseason adjustment
to assure that the crab performance standard will be met. Unlike the
emergency rule (60 FR 4866, January 25, 1995), the pelagic trawl gear
component is unable to fish in the closed area. However, under the
proposed Amendment 37 the pelagic trawl gear component would be exempt
from a closure of the RKSCA.
Further justification for the inseason adjustment under
Sec. 675.20(e)(1)(iv) follows.
Red King Crab Conservation Issues
The number of red king crab in the Bristol Bay area of the Bering
Sea is declining. Results of the 1994 and 1995 NMFS crab surveys
estimated the number of female red king crab to be below the threshold
number established in the Fishery Management Plan for the Commercial
King and Tanner Crab Fisheries of the Bering Sea and Aleutian Islands
Area (Crab FMP). The 1994 and 1995 fishery for red king crab was closed
in Bristol Bay because of the low abundance of mature female red king
crab. No fishery is anticipated for 1996. Due to the closure of the
Bristol Bay red king crab fishery, the area east of 163 deg. W. long.
was also closed to C. bairdi Tanner crab fishing for the 1994-95 season
to reduce red king crab bycatch. A similar situation is likely to occur
in 1996. Current regulations at Sec. 675.22(a) close Federal
statistical area 512 to trawling to protect the red king crab stock.
This closure area was designed to protect approximately 90 percent of
the mature female red king crab. This measure was based on the
distribution of female crab in the mid 1980's. The current distribution
of mature female crab shows considerable concentrations between
162 deg. and 164 deg. W. long. and between 56 deg. and 57 deg. N. lat.,
the area of the RKCSA. As a result, closure of the area encompassed by
these coordinates would prevent excessive bycatch of female crab.
Based on NMFS' survey data, the 1994 and 1995 abundance index for
legal-sized male Bristol Bay red king crab was 5.5 million and 5.3
million crab, respectively, compared to 7.3 million in 1993. The
abundance index for mature female crab declined from 14.2 million crab
in 1993 to 7.5 million crab in 1994 and 8.4 million crab in 1995. These
numbers are below or equal to the threshold value of 8.4 million crab
established pursuant to the crab FMP. These declines were corroborated
by the length-based assessment model that was newly developed by the
Alaska Department of Fish and Game. The Bristol Bay red king crab stock
continues to suffer from a long period of low recruitment and sublegal
crab populations are among the lowest on record.
Crab and Halibut Bycatch in the Groundfish Trawl Fisheries
The highest bycatch of red king crab has been from the rock sole/
other flatfish fishery category, especially in 1993 and 1994 when the
red king crab bycatch in Zone 1 was estimated at 134,000 and 193,000
crab, respectively. During this same period, the bottom trawl pollock
fishery caught the next highest amount of Zone 1 red king crab (44,000
and 39,000, respectively). The yellowfin sole and Pacific cod fisheries
also took some red king crab. Red king crab bycatch in trawl fisheries
tends to be highest during the first few months of the year. The
location of the red king crab during this period is coincident with the
spawning rock sole. Significantly reduced bycatch rates of red king
crab occur in other trawl fisheries throughout the year.
Data from 1990-94 show that between 20 and 45 percent of the
groundfish catch in the rock sole fishery has come from within the
RKCSA. Between 40 and 70 percent of the red king crab incidental catch
in the rock sole fishery is taken within this area.
The RKCSA also accounts for between 10 and 45 percent of the
halibut incidental catch in the rock sole fishery. Although closure of
the RKCSA to protect red king crab stocks would also reduce halibut
bycatch within this area, relocated fishing effort could result in
similar or higher halibut bycatch rates in other areas. Fishing effort
relocated from the closure area could also result in greater bycatch of
C. bairdi Tanner crab. This may cause the rock sole roe fishery to
attain specified halibut and C. bairdi bycatch allowances more quickly,
which would close the fishery sooner.
The closure of the RKCSA in 1995 was correlated with a dramatic
reduction in red king crab bycatch. In 1992 the rock sole fishery
caught approximately 59,000 red king crab, in 1993 166,154 red king
crab, in 1994 the fishery took 216,821 red king crab. The rock sole
fishery significantly exceeded its red king crab bycatch allowance in
both 1993 and 1994. In 1995 through the month of March, the rock sole
fishery took only 19,000 red king crab; an additional 1,500 crab were
taken later in the year.
Economic Impacts of the Closure
The RKCSA closure could have economic consequences for the rock
[[Page 63453]]
sole fishery. Whereas the majority of the red king crab historically
taken in the rock sole fishery were within the RKCSA, this area has
also provided a significant percentage of groundfish catch. The
potential impacts of the closure are made more significant because of
the recent closure of the Pribilof Islands area to vessels using trawl
gear (Sec. 675.24(h)). The Pribilof Islands area has historically been
important to the rock sole fishery.
Appendix 2 to the EA/RIR/IRFA for Amendment 37 (see ADDRESSES)
contains an economic comparison of the 1993, 1994, and 1995 rock sole
fisheries. This analysis compares the 1993, 1994, and 1995 rock sole
fishery using several different scenarios (i.e., with and without the
Pribilof Island closure, different price sets, etc.). As an example,
the 1994 and 1995 fishery data for the rock sole fishery, accounting
for the closure of the Pribilof Island area in 1995, and using inseason
1994 prices, indicate that gross and net product value decreased by 35
percent, bycatch costs decreased by 51 percent, and net benefit
decreased by 30 percent. The factors that would determine the effects
of closing the RKCSA in the future will change. In the future, the
adjustment to such a closure would tend to be less difficult than in
1995 because the fleet has the experience of having adjusted to the
emergency rule closure in 1995.
The Council recommended closure of the RKCSA from January 20
through March 31. The greatest number of female red king crab is most
likely to be taken as bycatch during this time. Inseason closures of an
area are authorized for a period of 60 days, which would be less than
the Council's intended closure period. Regulations at Sec. 675.20(e)(6)
authorize closures beyond 60 days if warranted by available data. The
available scientific information indicates that the relative
distribution and abundance of female red king crab in the closure area
is high. Large numbers of red king crab have been taken from this area
by trawling operations during the early part of the year when the
concentration of female king crab is high. To ensure that bycatch of
female red king crab is minimized in the early season trawl fisheries,
NMFS is extending the closure for an additional 11 days beyond the
usual 60-day effective period, through March 31, 1996. The Regional
Director, Alaska Region, has determined that this interim closure is
based on the best available scientific information concerning the
seasonal distribution and abundance of red king crab and the bycatch
rates of red king crab associated with groundfish trawl fisheries.
Classification
This action is taken under Sec. 672.20(e) and is exempt from review
under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 4, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 95-30011 Filed 12-08-95; 8:45 am]
BILLING CODE 3510-22-W
