[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Pages 8889-8890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5227]
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DEPARTMENT OF COMMERCE
50 CFR Part 675
[Docket No. 960129019-6019-01; I.D. 022996A]
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 part of the Bristol Bay area of the Bering Sea and
Aleutians Islands (BSAI) management area. Results of the 1995 bottom
trawl survey conducted by NMFS in Bristol Bay indicate that the red
king crab stock in Bristol Bay continues to be severely depressed. NMFS
anticipates that the condition of this stock could worsen if vessels
fishing for groundfish with trawl gear were allowed to conduct
operations in a particular part of Bristol Bay that is important to red
king crab during a period after they have molted and are in a softshell
condition. NMFS is closing part of Bristol Bay to trawling for
groundfish for purposes of protecting red king crab from anticipated
adverse impacts due to trawl operations. This measure is necessary to
respond to the continued decline of red king crab stocks in the BSAI
management area. It is intended to accomplish the objectives of the
North Pacific Fishery Management Council (Council) with respect to
management of red king crab stocks.
DATES: Effective April 1, 1996, through June 15, 1996. Comments must be
submitted by April 5, 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.
FOR FURTHER INFORMATION CONTACT: Ronald J. Berg, 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 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 rates of prohibited species bycatch may warrant inseason
adjustment to close an area to fishing for groundfish. Authority for
interim closures of a specific area is contained in regulations at
Sec. 675.20(e). This inseason adjustment prohibits fishing for
groundfish by operators of vessels using trawl gear from April 1, 1996,
through June 15, 1996, in that portion of the Bering Sea that is
bounded by straight lines connecting the following coordinates in the
order listed below.
Latitude Longitude
56 deg.00' N.; 163 deg.00' W.;
56 deg.00' N.; 164 deg.00' W.;
57 deg.00' N.; 164 deg.00' W.;
57 deg.00' N.; 163 deg.00' W.; and
56 deg.00' N.; 163 deg.00' W.
This action is necessary to protect depressed stocks of red king
crab from being taken by the groundfish trawl fisheries during a period
when the crab are in a softshell condition and are particularly
vulnerable to injury. Further reasons for the inseason adjustment under
Sec. 675.20(e)(1)(iv) follow.
Results of the 1995 NMFS-conducted bottom-trawl survey in Bristol
Bay indicate that the total population of red king crab continues to be
at low levels. Although the number of legal male red king crab was 6.3
million, which represents a 15 percent increase from 1994, the number
of pre-recruits was 5.4 million, which represents an 11 percent
decrease from 1994. The number of large female crab was 8.0 million,
which is 400,000 fewer than the number considered to be the
``threshold'' in the FMP for the Commercial King and Tanner Crab
Fisheries of the Bering Sea and Aleutian Islands (crab FMP). Under the
crab FMP, the Acceptable Biological Catch in the directed red king crab
fishery is defined as zero when the female red king crab stock is at or
below threshold. Accordingly, the Alaska Department of Fish and Game
(ADF&G) closed the directed red king crab fishery in 1995.
Likewise, because NMFS survey results in 1994 also indicated that
the number of female red king crab was below threshold, ADF&G closed
the red king crab fishery in 1994. Due to the 1994 and 1995 closures of
the red king crab fishery in Bristol Bay, ADF&G closed the area east of
163 deg. W. longitude to Chionoecetes bairdi Tanner crab fishing for
both years to reduce incidental mortality of red king crab in this
area.
The Council responded to the 1994 results by recommending that NMFS
close by emergency rule an area between 56 deg. and 57 deg. N. lat. and
162 deg. and 164 deg. W. long. to trawling during the rock sole roe
fishery. NMFS implemented that emergency rule (60 FR 4866, January 25,
1995), and it remained in effect from January 20 through April 25,
1995. At that time, the Council directed its staff to 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 Red King Crab
Savings Area to vessels using non-pelagic trawl gear as well as an
increase in observer coverage. NMFS has not yet received that amendment
from the Council for review under Section 304 of the Magnuson Act.
On January 20, 1996, NMFS implemented an inseason adjustment (60 FR
63451, December 11, 1995) under its authority at 50 CFR 675.20(e) to
close the above-described area through March 31, 1996. The purpose of
this action was to protect female red king crab during a time when the
trawl fishery for rock sole was ongoing.
On January 30, 1996, the Council met jointly with the Alaska Board
of Fisheries (BOF) and reviewed the best available scientific
information about the status of red king crab and the potential
effectiveness of measures that have been taken to protect red king
crab.
[[Page 8890]]
The Council and BOF were especially concerned about potential adverse
impacts of trawl operations on red king crab during a period when crab
are in a softshell condition. This condition occurs during the months
of January through mid-June when crab molt and then mate. When in this
softshell condition, red king crab could be damaged by physical impacts
of the bottom trawl itself or by additional handling when they are
caught in a trawl, brought aboard a vessel, sorted, and eventually
returned to the sea. The Council also received agency reports
summarizing the result of the 1995 NMFS trawl survey, which provided
the aforementioned status of red king crab.
The Council and BOF heard testimony about existing management
measures, including the aforementioned inseason adjustment that will be
in effect through March 31, which are intended to protect red king crab
in the management area. These measures include a year round closure of
Federal Statistical Srea 512 to trawling, and a closure of Federal
Statistical Area 516 from March 15 through June 15 to protect red king
crab during their molting and mating period. An analysis of data from
the NMFS-conducted trawl surveys in 1993, 1994, and 1995 indicates that
a substantial proportion (19 percent) of mature male crab are located
in part of Federal Statistical Area 516. This analysis also indicates
that another substantial proportion (21 percent) of male red king crab
is located between the same latitudes immediately to the west between
163 deg. W. and 164 deg. W. long. Without further regulatory action,
the area west of Statistical Area 516 would open to trawling once the
aforementioned inseason adjustment expires on March 31, 1996, which
could aggravate the depressed condition of red king crab during the
period when they are in a softshell condition.
On February 2, 1996, after reviewing new information obtained
during its January 30 meeting with the BOF and additional information
from the public as well as NMFS and ADF&G testimony, the Council
recommended that an emergency rule be implemented to close an area in
part of Bristol Bay to fishing by vessels using trawl gear through June
15, 1996. The particular area is located between 163 deg. and 164 deg.
W. long. and 56 deg. N. and 57 deg. N. lat. This area is to the west
of, and immediately adjacent to, Statistical Area 516, which is closed
under existing regulations from March 15 through June 15. A closure of
the additional area to the west through June 15 would provide necessary
protection for red king crab during the period they are in a softshell
condition and are particularly susceptible to fishing mortality.
The Council intends to review current management regimes that
govern groundfish fishing to determine whether the protection measures
afforded red king crab and other crab species managed under the crab
FMP are adequate or should be changed to respond to new information
concerning both the groundfish and crab fisheries. NMFS anticipates
that the Council will recommend potential regulatory changes in the
near future.
The Council's emergency rule recommendation is intended to avoid
significant direct economic loss to fishermen who might otherwise
benefit in the future as red king crab stocks rebuild to harvestable
levels. Public testimony at the Council's January 1996 meeting,
indicated that the groundfish trawl fishing industry was concerned
about not being able to trawl for yellowfin sole in the closed area,
should yellowfin sole be present during the month of April in schooling
concentrations as they migrate to more northerly locations in Bristol
Bay. Industry members indicated that the amount of time required to
complete a tow with trawl gear may be about a \1/2\ hour compared to
more than 2 hours when yellowfin school stocks are not concentrated. If
these vessel operators are not allowed to operate in the closed area,
their operating costs (including fuel and crew time) could increase as
they fish at lower catch rates where yellowfin sole stocks are not
concentrated.
NMFS does not have information to quantify what these increased
costs might be, because vessels' operating costs differ. NMFS notes
that the locations of the migrating yellowfin sole might even be
outside the closed area where they could still be targeted by
participating vessels. The actual costs would depend on the ability of
these vessel operators to achieve their harvest goals, which will
depend on market conditions, catch rates, and possibly premature
closures resulting from other regulations.
NMFS anticipates that large numbers of red king crab could be
adversely impacted in this area by trawl operations during their
softshell period. Therefore, NMFS has determined that a closure to
trawling in the area described above is necessary to protect red king
crab through June 15 while they are in a softshell condition.
Notwithstanding the Council's recommendation that NMFS implement this
closure by emergency rule, NMFS is implementing it under the inseason
adjustment authority at Sec. 675.20(e). Inseason adjustments 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 red king crab in the closure area is
high. The Director, Alaska Region, NMFS 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: March 1, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-5227 Filed 3-1-96; 2:35 pm]
BILLING CODE 3510-22-P
