[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Notices]
[Pages 44423-44425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22245]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 081198A]
Fisheries of the Exclusive Economic Zone off Alaska; Groundfish
of the Gulf of Alaska; Experimental Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Issuance of an experimental fishing permit.
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SUMMARY: NMFS announces the issuance of an experimental fishing permit
98-01 (EFP) to the Groundfish Forum. The EFP authorizes the Groundfish
Forum to conduct an experiment in the Gulf of Alaska (GOA) that would
test the effectiveness of a halibut excluder device for flatfish trawls
in reducing halibut bycatch rates without significantly lowering catch
rates of flatfish. Results of the experiment will be used to develop
methods for trawl vessels targeting flatfish to reduce halibut bycatch
rates and mortality. This EFP will provide information not otherwise
available through research or commercial fishing operations. The
intended effect of this
[[Page 44424]]
action is to promote the purposes and policies of the Magnuson-Stevens
Fishery Conservation and Management Act.
ADDRESSES: Copies of the EFP and the Environmental Assessment (EA)
prepared for the EFP are available from Lori J. Gravel, Sustainable
Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802.
FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for Groundfish
of the Gulf of Alaska (FMP) authorizes the issuance of EFPs for fishing
for groundfish in a manner that would otherwise be prohibited under
existing regulations. The procedures for issuing EFPs are set out at 50
CFR 679.6.
On June 8, 1998, NMFS announced in the Federal Register the receipt
of an application for an EFP from the Groundfish Forum (63 FR 31201).
The application requested authorization for Groundfish Forum to test
the effectiveness of a halibut excluder device in reducing halibut
bycatch rates in the deep water flatfish fisheries while not lowering
the amount of target flatfish species. The purpose of this research is
to assist industry in developing gear modifications that will reduce
the bycatch of halibut in flatfish fisheries off Alaska. This EFP will
provide information not otherwise available through research or
commercial fishing operations because it is not economically feasible
for vessels to participate in an experiment of this extent and rigor
during the short commercial fisheries.
A statistical analysis completed by Groundfish Forum and reviewed
by NMFS has determined that 60 pairs of tows between two vessels would
produce a 90-percent certainty of detecting a 35- percent decline in
halibut bycatch rates, and nearly a 100- percent chance of detecting a
25-percent decrease in rex sole catch, the principle target species in
the GOA deepwater flatfish fishery. To complete the experiment,
Groundfish Forum estimates that 650 metric tons (mt) of groundfish may
be taken by vessels participating in the experiment and between 18.5 mt
and 25 mt of Pacific halibut bycatch mortality. The experiment is
scheduled to take place in the Western or Central Regulatory Areas of
the GOA during a 10 to 20-day period in September and October 1998. The
effective date for the EFP may be revised to a date in 1999, pending
agreement between the permit holder and the Administrator, Alaska
Region, NMFS (Regional Administrator).
The Groundfish Forum will set up a ``request for proposals'' (RFP)
process whereby companies submit applications to test an halibut
excluder device. Under the rules of the experiment, the performance of
trawl gear with the excluder device in place will be tested against a
standard control gear. The control gear will be the same trawl gear
configured without the halibut excluder device. Trawling with
experimental and control gear will be conducted with procedures and
sites used during the commercial fishery for deep water flatfish
species in the GOA.
The RFP will set out general standards for the design of a halibut
excluder device that will be systematically tested against control
trawl gear. These standards state the design should:
1. Release a large percentage of the halibut that come into the
trawl unharmed;
2. Avoid significant reductions in target flatfish or round fish
catches, while potentially releasing less desirable species (such as
arrowtooth flounder);
3. Function with few failures or break downs and be resistant to
clogging and debris jams;
4. Provide easy removal or disabling of the excluder to facilitate
changes between experimental and control gear without handling
difficulties or safety concerns for deck crew (this feature is
especially critical for small vessels with limited deck length);
5. Provide durability and ease of storage on deck; and
6. Be constructed from affordable materials that are readily
available.
Guidelines for applications to participate in the experiment will
be provided by Groundfish Forum. This information will be conveyed to
potential applicants through a short publication written and
distributed by the Groundfish Forum and reviewed by NMFS personnel
associated with the experiment. A Selection Panel of NMFS gear experts
and other NMFS management personnel will review the suitability of
applications and determine which design has the greatest potential for
excluding halibut and retaining target catch. The device selected by
the Selection Panel will be subjected to a systematic field test to
establish its effectiveness as well as some exploration to isolate the
elements that make the device successful (placement, towing speed, sea
conditions, ambient light conditions, etc.).
The Regional Administrator has approved the EFP application and has
issued EFP 98-01 to the Groundfish Forum. The EFP authorizes Groundfish
Forum to solicit vessel participants through the RFP process and
authorizes the harvest of 650 mt of groundfish during the course of the
10-20 day experiment during September and October 1998, of which no
more than 30 percent (195 mt) may be groundfish species other than Rex
sole, Dover sole, Greenland turbot, deep sea sole, flathead sole, or
arrowtooth flounder (deep water flatfish). The amount of groundfish
species retained other than deep water flatfish will not exceed 15
percent per species or species group (see Table 10 of 50 CFR part 679
for a definition of species groups) of the retained catch of deep water
flatfish as defined in this EFP, except that the retained amount of
sablefish is not to exceed 2 percent of the retained catch of deep
water flatfish. Groundfish and halibut bycatch mortality associated
with this experiment will not be deducted from total allowable catch
and halibut bycatch allowances specified for the 1998 groundfish
fisheries. This will not cause a conservation problem for groundfish
species because estimated total removals under the EFP likely would
remain within their acceptable biological catches and not exceed
overfishing levels already considered in the EA for the 1998
specifications.
The Regional Administrator may terminate the experiment if halibut
bycatch mortality exceeds the high-end projections of the permit
applicant, or 25 mt mortality (39 mt bycatch). Failure of the permittee
to comply with the terms and conditions of the EFP may be grounds for
revocation, suspension, or modification of the EFP under 15 CFR 904
with respect to any or all persons and vessels conducting activities
under the EFP. Failure to comply with applicable laws may also result
in sanctions imposed under those laws.
Classification
NMFS prepared an EA for this EFP. The Assistant Administrator for
Fisheries, NOAA concluded that there will be no significant impact on
the human environment as a result of fishing under this EFP. A copy of
the EA is available from NMFS (see ADDRESSES). The Regional
Administrator determined that fishing activities conducted pursuant to
this EFP will not affect endangered and threatened species or critical
habitat under the Endangered Species Act.
This notice is exempt from review under E.O. 12866. Because prior
notice and opportunity for public comment are not required; the
analytical requirements of the Regulatory Flexibility Act are
inapplicable.
[[Page 44425]]
Authority: 16 U.S.C. 1801 et seq.
Dated: August 13, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-22245 Filed 8-18-98; 8:45 am]
BILLING CODE 3510-22-F
