[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)]
[Rules and Regulations]
[Pages 65985-65989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31850]
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DEPARTMENT OF COMMERCE
50 CFR Part 679
[Docket No. 9608-30240-6338-02; I.D. 082796A]
RIN 0648-AH28
Fisheries of the Exclusive Economic Zone Off Alaska; 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: Final rule.
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SUMMARY: NMFS implements Amendment 37 to the Fishery Management Plan
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area
(FMP). The implementing regulations for Amendment 37 close portions of
Bristol Bay, make adjustments to the prohibited species catch limit for
red king crab in Zone 1 of the Bering Sea, and increase observer
coverage in specified areas related to the trawl closures. These
measures are necessary to protect the red king crab stocks in Bristol
Bay, which have declined to a level that presents a serious
conservation problem for this stock. They are intended to accomplish
the objectives of the FMP.
EFFECTIVE DATE: January 1, 1997.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for
this rule may be obtained from the North Pacific Fishery Management
Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501-2252;
telephone 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Fishing for groundfish by U.S. vessels in the exclusive economic
zone of the Bering Sea and Aleutian Islands Area (BSAI) is managed by
NMFS according to the FMP. The FMP was prepared by the Council under
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801, et seq.; Magnuson-Stevens Act), and is
[[Page 65986]]
implemented by regulations governing the U.S. groundfish fisheries at
50 CFR part 679.
Bering Sea crab stocks are currently at relatively low abundance
levels, based on recent NMFS bottom trawl survey data. In 1994 and
1995, the Alaska Department of Fish and Game (ADF&G) closed Bristol Bay
to red king crab fishing, because the number of female red king crab
had declined below the threshold of 8.4 million crab. The ADF&G has
authorized a Bristol Bay red king crab fishery in 1996 but at a
significantly reduced guideline harvest level.
At its June 1996 meeting, the Council adopted several management
measures to further protect and conserve red king crab in the Bristol
Bay area of the Bering Sea in view of the declining abundance of red
king crab.
NMFS published a proposed rule in the Federal Register on September
12, 1996 (61 FR 48113). Public comment was invited through October 28,
1996. Eight comments were received and are summarized and responded to
below in the Response to Comments section. After considering the public
comments received, NMFS is implementing the following management
measures, which are unchanged from the proposed rule:
1. Prohibit directed fishing for groundfish by vessels using trawl
gear, other than pelagic trawl gear, in the Red King Crab Savings Area
(RKCSA), that portion of the Bering Sea that is bounded by a straight
line connecting the following coordinates in the order listed:
Latitude Longitude
56 deg.00' N.; 162 deg.00' W.
56 deg.00' N.; 164 deg.00' W.
57 deg.00' N.; 164 deg.00' W.
57 deg.00' N.; 162 deg.00' W.
56 deg.00' N.; 162 deg.00' W.
A subsection of the above-described area, between 56 deg.00' N. and
56 deg.10' N., will remain open to nonpelagic trawling for groundfish
during the years in which a guideline harvest level for Bristol Bay red
king crab is established. This subarea has been productive for the rock
sole fishery, and an opening in this subarea would allow some of the
rock sole to be harvested. A separate red king crab prohibited species
catch limit is established for this open area and is calculated as no
more than 35 percent of the red king crab PSC limit apportioned to the
rock sole fishery.
2. A year-round closure to all trawling in the nearshore waters of
Bristol Bay east of 162 deg. W. long., with the exception that a
portion of this area, between 159 deg. and 160 deg. W. long. and
between 58 deg. and 58 deg.43' N. lat. will be left open to trawling
during the period April 1 to June 15 each year.
3. Increased observer coverage on all vessels, including vessels
using pot and longline gear, fishing for groundfish in the RKCSA and on
trawl vessels fishing in the seasonal open area of the Bristol Bay
nearshore waters closure.
4. Adjustments to the Zone 1 PSC limit for red king crab taken in
trawl fisheries. The PSC limits will vary based on the abundance and
biomass of Bristol Bay red king crab as follows:
a. When the number of mature female red king crabs is at or below
the threshold number of 8.4 million mature crabs or the effective
spawning biomass (ESB) is less than or equal to 14.5 million lb (6,577
metric tons (mt)), the Zone 1 PSC limit will be 35,000 red king crabs;
b. When the number of mature female red king crabs is above the
threshold of 8.4 million mature crab and the ESB is greater than 14.5
million lb (6,577 mt) but less than 55 million lb (24,948 mt), the Zone
1 PSC limit will be 100,000 red king crabs; and
c. When the number of mature female red king crabs is above the
threshold of 8.4 million mature crabs and the ESB is equal to or
greater than 55 million lb (24,948 mt), the Zone 1 PSC limit will be
200,000 red king crabs.
NMFS also rescinds regulations that provide the authority to open
the Port Moller area of Bering Sea reporting areas 512 and 516 to
fishing for Pacific cod with trawl gear.
Details of and justification for these measures can be found in the
preamble to the proposed rule.
Response to Comments
Comment 1: The measures implemented by Amendment 37 are supported,
because they will reduce disturbance of invertebrates and reduce catch
of forage species. Impacts of trawling in these proposed closure areas
likely would affect future crab harvests through reductions in stock.
The proposed management measures will provide increased protection of
crab habitat.
Response: NMFS agrees.
Comment 2: Closure of the RKCSA is supported, except that the
Council failed to justify the need to close the northwest corner of the
RKCSA and failed to consider the implications of a shift in fishing
effort out of the northwest corner. Observer data support allowing
trawling for yellowfin sole in the northwest corner of the RKCSA.
Response: The northwest corner of the RKCSA was not analyzed as a
separate alternative in the EA/RIR/IRFA for Amendment 37. However, data
from the analysis show that, in 1992 and 1993, essentially all of the
red king crab taken by the yellowfin sole fishery in the RKCSA were
taken in the northwestern corner of the RKCSA and virtually no red king
crab were taken in the rest of the RKCSA. These data indicate that
yellowfin sole vessels, if allowed to operate in the northwestern
corner of the RKCSA, could take a significant amount of red king crab.
Potential shifts in the take of prohibited species, other than those
that the closure is designed to protect, are considered when deciding
to close a sensitive area.
Comment 3: The requirement for increased observer coverage is
supported, but the Council and NMFS should consider increased observer
coverage on the Pacific cod pot fleet operating in portions of the
RKCSA.
Response: The proposed rule already would require all vessels,
including vessels using pot, jig, and longline gear, that fish for
groundfish in the RKCSA, to carry an observer during 100 percent of
their fishing days.
Comment 4: No biological basis exists for setting the red king crab
bycatch limits as proposed under Amendment 37. The limit of 100,000
animals as the intermediate in the ``stair-step'' is not enough to be
practical or to achieve optimum yield from groundfish when red king
crab rebuilding occurs. The proposed red king crab bycatch limit should
not be approved. Instead, either a floating limit, a limit indexed to
adults, or more levels in the ``stair-step'' approach should be
implemented.
Response: The Crab Plan Team recommended a bycatch limit based on
an abundance index of female red king crab. However, difficulties exist
in establishing a proper index for setting the bycatch limits. A
constant limit does not take into account the size differences that
occur in the crab bycatch. However, a bycatch limit based on adult
equivalents is not possible at this time, given the current methods for
inseason data collection on crab bycatch. Neither procedures nor
systems currently exist to estimate the number of crabs of a given
length on a real-time basis. Observers collect red king crab length
information, but this information is not available until the observers
are debriefed, some time after the fishery has already occurred. This
information may become available in a more timely way as real-time
electronic reporting of inseason data is implemented. The Council's
Scientific and Statistical Committee commented that continuous and
stepwise approaches to bycatch limits both present implementation
difficulties. If bycatch limits are indexed to estimated crab
population abundance
[[Page 65987]]
they would be subject to substantial annual variation. Smoothing
algorithms, such as moving averages, may stabilize the index and,
consequently, the limit. Step-wise limits can result in large changes
at the boundaries between steps. Continuously adjustable limits avoid
this problem but may result in excessively low or high limits at the
extremes of crab population abundance. The addition of floor and
ceiling rates to the floating limits could help resolve this
deficiency. After consideration of these comments the Council
recommended a ``stair-step'' approach to setting the bycatch limit.
Comment 5: Support exists for the measure to close the area of
Northern Bristol Bay east of 162 deg. W. long. to trawling, leaving
open the subarea between 58 deg. and 58 deg.43' N. lat., which is a
productive yellowfin sole fishing ground.
Response: NMFS agrees that this section of Bristol Bay can be left
open to allow trawlers access to productive fishing grounds without
risking harm to red king crab stocks.
Comment 6: No clear evidence exists that trawling is creating or
substantially contributing to the ``depressed'' state of crab stocks or
that trawling causes mortality of seabirds and marine mammals. No
conclusive evidence exists that crab, seabirds, or marine mammals will
benefit from these closures.
Response: The direct effects of trawling on crab or other marine
species are difficult to quantify. However, the closure areas contain
concentrations of reproductive animals and are significant juvenile
crab habitat. In light of the decline in the crab stocks and the high
bycatch in these areas, the Council and NMFS are acting conservatively
to limit the potential for impact on crab or other marine resources by
trawling. The bycatch of crab during trawling in sensitive areas likely
negatively affects the crab stocks. To the extent that seabirds and
marine mammals occur in the proposed closed areas, potential negative
interactions with trawl operations would be avoided by restricting
trawling activities.
Comment 7: The EA/RIR/IRFA estimates a net loss to the Nation and
indicates that the management measures may have a negative impact on
small entities.
Response: As stated in the EA/RIR/IRFA and in the preamble to the
proposed rule, estimates of the impact of these measures, based on the
Bering Sea simulation model, indicate that these management measures
would lead to a decrease in net benefits of 0.4 and 0.5 percent from
1993 and 1994 data, respectively. Given a certain level of uncertainty
inherent in the data and in the model procedures, these predicted
changes in net benefits are probably not great enough to indicate an
actual change from the status quo.
The analysis indicates that a significant effect on a substantial
number of small entities could occur through displacement from the
closed areas. However, under the measures implemented by Amendment 37,
the portion of the RKCSA between 56 deg. and 56 deg.10' N. lat. would
be open when a guideline harvest level of red king crab is established.
The Council also retained an open area in northern Bristol Bay. The
open areas allow the trawl fleet continued access to some productive
fishing grounds while protecting the vulnerable red king crab resource.
Comment 8: The U.S. Coast Guard could support and enforce these
management measures; however, a closure to all trawling instead of just
nonpelagic trawling is easier to enforce and during enforcement is less
burdensome to the industry.
Response: A closure to all trawling could be easier to enforce.
However, by limiting the closure to nonpelagic gear, which is most
likely to impact the crab resource, some relief to the trawl fleet
could be provided for those vessels that use pelagic gear.
Classification
The Administrator, Alaska Region, NMFS, determined that Amendment
37 is necessary for the conservation and management of the BSAI
fisheries and that it is consistent with the Magnuson-Stevens Act and
other applicable laws.
The Council prepared an FRFA as part of the RIR, which describes
the impact this rule would have on small entities. There were 132 trawl
catcher vessels that landed groundfish from the BSAI in 1993, which
would be considered small entities. Many of these vessels would be
effected by the time/area closures and PSC limits implemented under
this amendment. The economic impact of these measures could result in a
reduction in annual gross revenues by more than 5 percent. The analysis
indicates that a significant effect could occur through displacement of
fishing effort from the closed areas to other areas, which could
increase the incidental catch of Pacific halibut, a prohibited species.
The no action alternative for BSAI red king crab was rejected because
of the need to protect the stock due to low abundance of adult crabs
and low recruitment. The alternative of red king crab PSC limits based
on abundance of red king crab at three levels was preferred because it
accommodated a wide range of possible numbers of crabs while avoiding
excessively high or low PSC limits at extremes of crab population
abundance. The amendment would allow a portion of the RKCSA to be
opened to trawl fishing when increased abundance of red king crabs
allows a red king crab directed fishery. Also the measures retain an
open area for trawl fishing in northern Bristol Bay. These open areas
will minimize the impact of crab protection measures on small entities.
No action was taken on Tanner crab and snow crab in this rule as the
Council is addressing protection of these crab stocks as future
actions.
This rule has been determined to be not significant for purposes of
E.O. 12866.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: December 10, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is 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. 679.2, definitions of ``Nearshore Bristol Bay Trawl
Closure Area'', ``Red King Crab Savings Area'', the ``Red King Crab
Savings Subarea'' are added in alphabetical order to read as follows:
Sec. 679.2 Definitions.
* * * * *
Nearshore Bristol Bay Trawl Closure Area of the BSAI (see
Sec. 679.22(a)(9))
* * * * *
Red King Crab Savings Area (RKCSA) of the BSAI (see
Sec. 679.22(a)(3))
Red King Crab Savings Subarea (RKCSS) of the BSAI (see
Sec. 679.21(e)(3)(ii)(B))
* * * * *
Sec. 679.7 [Amended]
3. In Sec. 679.7, paragraph (c)(1) is removed and paragraphs
(c)(2), (c)(3), and (c)(4) are redesignated as paragraphs (c)(1),
(c)(2), and (c)(3), respectively.
4. In Sec. 679.21, paragraph (e)(7)(vi)(A) heading, and paragraph
(e)(7)(vi)(A)(1) are removed, paragraph (e)(7)(vi)(A)(2)
[[Page 65988]]
is redesignated as paragraph (e)(7)(vi)(A), paragraph (e)(3)(ii)(B) is
redesignated as paragraph (e)(3)(ii)(C), paragraphs (e)(1)(i), (e)(6),
(e)(7)(ii), and (e)(7)(iii) are revised, and a new paragraph
(e)(3)(ii)(B) is added to read as follows:
Sec. 679.21 Prohibited species bycatch management.
* * * * *
(e)* * *
(1) * * *
(i) Red king crab in Zone 1. The PSC limit of red king crab caught
by trawl vessels while engaged in directed fishing for groundfish in
Zone 1 during any fishing year will be specified annually by NMFS,
after consultation with the Council, based on abundance and spawning
biomass of red king crab using the criteria set out under paragraphs
(e)(1)(i)(A) through (C) of this section.
(A) When the number of mature female red king crab is at or below
the threshold of 8.4 million mature crab or the effective spawning
biomass is less than or equal to 14.5 million lb (6,577 mt), the Zone 1
PSC limit will be 35,000 red king crab.
(B) When the number of mature female red king crab is above the
threshold of 8.4 million mature crab and the effective spawning biomass
is greater than 14.5 but less than 55 million lb (24,948 mt), the Zone
1 PSC limit will be 100,000 red king crab.
(C) When the number of mature female red king crab is above the
threshold of 8.4 million mature crab and the effective spawning biomass
is equal to or greater than 55 million lb, the Zone 1 PSC limit will be
200,000 red king crab.
* * * * *
(3) * * *
(ii) * * *
(B) Red King Crab Savings Subarea (RKCSS). (1) The RKCSS is the
portion of the RKCSA between 56 deg.00' and 56 deg.10' N. lat.
Notwithstanding other provisions of this part, vessels using non-
pelagic trawl gear in the RKCSS may engage in directed fishing for
groundfish in a given year, if the ADF&G had established a guideline
harvest level the previous year for the red king crab fishery in the
Bristol Bay area.
(2) When the RKCSS is open to vessels fishing for groundfish with
nonpelagic trawl gear under (e)(3)(ii)(B)(1) of this section, NMFS,
after consultation with the Council, will specify an amount of the red
king crab bycatch limit annually established under paragraph(e)(1)(i)
of this section for the RKCSS. The amount of the red king crab bycatch
limit specified for the RKCSS will not exceed an amount equivalent to
35 percent of the trawl bycatch allowance specified for the rock sole/
flathead sole/``other flatfish'' fishery category under this paragraph
(e)(3) and will be based on the need to optimize the groundfish harvest
relative to red king crab bycatch.
* * * * *
(6) Notification--(i) General. NMFS will publish annually in the
Federal Register the annual red king crab PSC limit and, if applicable,
the amount of this PSC limit specified for the RKCSS, the proposed and
final bycatch allowances, seasonal apportionments thereof, and the
manner in which seasonal apportionments of nontrawl fishery bycatch
allowances will be managed, as required under this paragraph (e).
(ii) Public comment. Public comment will be accepted by NMFS on the
proposed annual red king crab PSC limit and, if applicable, the amount
of this PSC limit specified for the RKCSS, the proposed and final
bycatch allowances, seasonal apportionments thereof, and the manner in
which seasonal apportionments of nontrawl fishery bycatch allowances
will be managed, for a period of 30 days from the date of publication
in the Federal Register.
(7) * * *
(ii) Red king crab or C. bairdi Tanner crab, Zone 1, closure--(A)
General. Except as provided in paragraph (e)(7)(i) of this section, if,
during the fishing year, the Regional Director determines that U.S.
fishing vessels participating in any of the fishery categories listed
in paragraphs (e)(3)(iv) (B) through (F) of this section will catch the
Zone 1 bycatch allowance, or seasonal apportionment thereof, of red
king crab or C. bairdi Tanner crab specified for that fishery category
under paragraph (e)(3) of this section, NMFS will publish in the
Federal Register the closure of Zone 1, including the RKCSS, to
directed fishing for each species and/or species group in that fishery
category for the remainder of the year or for the remainder of the
season.
(B) RKCSS. If, during the fishing year the Regional Director
determines that the amount of the red king crab PSC limit that is
specified for the RKCSS under Sec. 679.21(e)(3)(ii)(B) of this section
will be caught, NMFS will publish in the Federal Register the closure
of the RKCSS to directed fishing for groundfish with nonpelagic trawl
gear for the remainder of the year.
(iii) C. bairdi Tanner crab, Zone 2, closure. Except as provided in
paragraph (e)(7)(i) of this section, if, during the fishing year, the
Regional Administrator determines that U.S. fishing vessels
participating in any of the fishery categories listed in paragraphs
(e)(3)(iv)(B) through (F) of this section will catch the Zone 2 bycatch
allowance, or seasonal apportionment thereof, of C. bairdi Tanner crab
specified for that fishery category under paragraph (e)(3) of this
section, NMFS will publish in the Federal Register the closure of Zone
2 to directed fishing for each species and/or species group in that
fishery category for the remainder of the year or for the remainder of
the season.
* * * * *
5. In Sec. 679.22, paragraphs (a)(1) through (a)(3) are revised and
paragraphs (a)(9) and (a)(10) are added to read as follows:
Sec. 679.22 Closures.
(a) BSAI--(1) Zone 1 (512) closure to trawl gear. No fishing with
trawl gear is allowed at any time in reporting Area 512 of Zone 1 in
the Bering Sea subarea.
(2) Zone 1 (516) closure to trawl gear. No fishing with trawl gear
is allowed at any time in reporting Area 516 of Zone 1 in the Bering
Sea Subarea during the period March 15 through June 15.
(3) Red King Crab Savings Area. Directed fishing for groundfish by
vessels using trawl gear other than pelagic trawl gear is prohibited at
all times, except as provided at Sec. 679.21(e)(3)(ii)(B), in that part
of the Bering Sea subarea defined by straight lines connecting the
following coordinates, in the order listed:
Latitude Longitude
56 deg.00' N.; 162 deg.00' W.
56 deg.00' N.; 164 deg.00' W.
57 deg.00' N.; 164 deg.00' W.
57 deg.00' N.; 162 deg.00' W.
56 deg.00' N.; 162 deg.00' W.
* * * * *
(9) Nearshore Bristol Bay Trawl Closure. Directed fishing for
groundfish by vessels using trawl gear in Bristol Bay, as described in
the current edition of NOAA chart 16006, is closed at all times in the
area east of 162 deg.00' W. long., except that the area bounded by a
straight line connecting the following coordinates in the order listed
below is open to trawling from 1200 hours (A.l.t.) April 1 to 1200
hours (A.l.t.) June 15 of each year:
Latitude Longitude
58 deg.00' N., 160 deg.00' W.;
58 deg.43' N., 160 deg.00' W.;
58 deg.43' N., 159 deg.00' W.;
58 deg.00' N., 159 deg.00' W.;
58 deg.00' N., 160 deg.00' W.
[[Page 65989]]
(10) Trawling is prohibited from August 1 through August 31 in the
Chum Salmon Savings area defined at Sec. 679.21(e)(7)(vi)(B).
* * * * *
6. In Sec. 679.50, paragraphs (c)(1)(viii) and (c)(1)(ix) are added
to read as follows:
Sec. 679.50 Groundfish Observer Program applicable through December
31, 1997.
* * * * *
(c) * * *
(1) * * *
(viii) Red King Crab Savings Area. (A) Any catcher/processor or
catcher vessel used to fish for groundfish in the Red King Crab Savings
area must carry an observer during 100 percent of its fishing days in
which the vessel uses pelagic trawl gear, pot, jig, or longline gear.
(B) Any catcher/processor or catcher vessel used to fish for
groundfish in the Red King Crab Savings Subarea and subject to this
subarea being open to vessels fishing for groundfish with non-pelagic
trawl gear under Sec. 679.21(e)(3)(ii)(B), must carry an observer
during 100 percent of its fishing days in which the vessel uses non-
pelagic trawl gear.
(ix) Nearshore Bristol Bay Trawl Closure. Any catcher/processor or
catcher vessel used to fish for groundfish in the Nearshore Bristol Bay
Trawl Closure area must carry an observer during 100 percent of its
fishing days in which the vessel uses trawl gear.
* * * * *
7. In Sec. 679.62, paragraph (d) is revised to read as follows:
Sec. 679.62 General limitations.
* * * * *
(d) Closed areas. It is unlawful for any person to dredge for
scallops in any Federal waters off Alaska that are closed to fishing
with trawl gear or non-pelagic trawl gear under Sec. 679.22(a)(1)(i),
(a)(2)(i), (a)(3), (a)(4), (a)(6), (a)(7), (a)(9), and (b).
[FR Doc. 96-31850 Filed 12-13-96; 8:45 am]
BILLING CODE 3510-22-W
