[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Rules and Regulations]
[Pages 49076-49077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23852]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration (NOAA)
50 CFR Part 679
[Docket No. 960703187-6253-02; I.D. 062096B]
RIN 0648-AI96
Fisheries of the Exclusive Economic Zone Off Alaska; Allow
Longline Pot Gear
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to allow the use of longline pot gear
by vessels engaged in directed fishing for sablefish in the Bering Sea
subarea (BS). Sablefish hook-and-line fishermen in the BS have faced
increasing predation of hooked sablefish by killer whales. The use of
longline pot gear will effectively prevent such predation. This action
is necessary to protect Bering Sea sablefish harvests and is intended
to resolve a conflict between fishermen and a species protected under
the Marine Mammal Protection Act of 1972 (MMPA).
EFFECTIVE DATE: September 12, 1996.
ADDRESSES: Copies of the final rule and the Environmental Assessment/
Regulatory Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/
FRFA) for this action may be obtained from Fisheries Management
Division, Attn: Lori Gravel, Alaska Region, NMFS, Room 453, 709 West
9th Street, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone of the Bering Sea and Aleutian Islands
management area (BSAI) according to the Fishery Management Plan for the
Groundfish Fishery in the Bering Sea and Aleutian Islands Area (FMP).
The FMP was prepared by the North Pacific Fishery Management Council
(Council) and approved by NMFS under the authority of the Magnuson
Fishery Conservation and Management Act. This FMP, implemented by
regulations at 50 CFR parts 600 and 679, authorizes changes to gear
restrictions without amendment to the FMP. The regulations at
Sec. 679.24 specify gear types that may be employed to harvest
sablefish in the BS. Killer whales (Orcinus orca) are protected under
the MMPA, which prohibits harassment of marine mammals and authorizes
the Secretary of Commerce to consult with and assist regional fishery
management councils to reduce takings of marine mammals incidental to
commercial fishing operations.
BS sablefish quotas have been underharvested due in part to killer
whale predation of hooked sablefish. Such predation causes conservation
and economic concerns that can be resolved by allowing longline pot
gear in this fishery. Further information on the history of and need
for this action may be found in the preamble to the proposed rule
published on July 16, 1996 (61 FR 37041).
One change has been made in the final rule from the proposed rule.
At proposed Sec. 679.24(c)(4)(i), the term ``pot'' may seem ambiguous;
therefore, the sentence is revised to refer to ``longline pot'' and
``pot-and-line'' gear, which are terms defined in Sec. 679.2,
Definitions.
Comments on the Proposed Rule
Comment: NMFS received one letter of comment on this action. The
comment supports the implementation of this change as improving the
ability of fishermen to harvest sablefish more economically and
efficiently. The comment also requests that the 30-day delayed
effectiveness period be waived to provide fishermen more opportunity to
take advantage of this action during the current Individual Fishing
Quota (IFQ) season.
Response: NMFS concurs that this action will improve the efficiency
and profitability of the BS sablefish fishery. NMFS notes the
commenter's desire for expeditious implementation of this regulatory
change.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Because this final rule allows fishermen in the BS sablefish
fishery the option of using longline pot gear to protect harvests from
killer whale predation, it relieves a restriction. Thus, under 5 U.S.C.
553(d)(1) it is not subject to a delay in effective date.
The Council prepared an Initial Regulatory Flexibility Analysis
(IRFA), supplemented by a FRFA prepared by NMFS. These documents
provide a statement of the need for and objectives of the rule, which
is also summarized in this preamble. In 1996, 140 persons were issued
sablefish quota shares in the BS and may be affected by this rule. It
is designed to relieve a restriction that negatively affects the
ability of IFQ fishermen to harvest their full sablefish quotas. By
protecting those harvests from killer whale predation, the rule is
expected to have a positive economic impact on small entities.
Alternative 1 of the IRFA/FRFA (the status quo) was rejected in
favor of Alternative 2, because Alternative 2 alone would reduce killer
whale interactions with the fishery by allowing hook-and-line fishermen
to switch to longline pot gear. Although switching from hook-and-line
gear to longline pots would have direct costs, fishermen are expected
to evaluate the balance of costs involved in switching gears with the
profits of greater harvests obtained in the absence of killer whale
predation. The preferred alternative also mitigates possible
disadvantages to fishermen whose vessels may be unable to carry
longline pot gear by establishing a 1-month closure to longline pot
gear. During that time, hook-and-line fishermen will be able to fish
without gear conflicts with longline pot gear or grounds preemption.
The Administrator, Alaska Region, NMFS, determined that fishing
activities conducted under this rule will have no adverse impacts on
marine mammals. The express purpose of this rule is to reduce the
interactions of commercial fisheries in the BS with killer whales.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements
Dated: September 12, 1996.
Gary Matlock,
Acting Deputy Assistant Administrator, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is amended
to read as follows:
[[Page 49077]]
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. 679.24, paragraphs (b)(1)(iii) and (c)(4) are revised to
read as follows:
Sec. 679.24 Gear limitations.
* * * * *
(b) * * *
(1) * * *
(iii) Longline pot gear. Any person using longline pot gear must
treat any catch of groundfish as a prohibited species, except:
(A) In the Aleutian Islands subarea.
(B) While directed fishing for sablefish in the Bering Sea subarea,
except as provided in paragraph (c)(4)(ii) of this section.
* * * * *
(c) * * *
(4) BSAI. (i) Operators of vessels using gear types other than
hook-and-line, longline pot, pot-and-line, or trawl gear in the BSAI
must treat sablefish as a prohibited species as provided by
Sec. 679.21(b).
(ii) Longline pot gear is prohibited in directed fishing for
sablefish from 0001 hrs, A.l.t., on June 1 until 1200 hrs, A.l.t., on
June 30.
* * * * *
[FR Doc. 96-23852 Filed 9-12-96; 5:04 pm]
BILLING CODE 3510-22-F
