[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Rules and Regulations]
[Pages 4110-4113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1398]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 950104001-5001-01; I.D. 092694A]
RIN 0648-AF02


Groundfish of the Bering Sea and Aleutian Island Area; Amendment 
21a

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

[[Page 4111]] ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues a final rule to implement Amendment 21a to the 
Fishery Management Plan (FMP) for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area (BSAI), which prohibits the use of trawl 
gear in specified areas surrounding the Pribilof Islands. This action 
is necessary to protect areas that are biologically important to 
certain crab stocks and to reduce potential interference with seabird 
and marine mammal populations. This action is intended to promote the 
goals and objectives of the FMP.

EFFECTIVE DATE: January 20, 1995.

ADDRESSES: Copies of Amendment 21a and the Environmental Assessment/
Regulatory Impact Review (EA/RIR) are available from the North Pacific 
Fishery Management Council, P.O. Box 103136, Anchorage, AK 99510.

FOR FURTHER INFORMATION CONTACT: Ellen R. Varosi, 907-586-7228.

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone of the BSAI are managed by NMFS in accordance 
with the FMP. The FMP was prepared by the North Pacific Fishery 
Management Council (Council) under the Magnuson Fishery Conservation 
and Management Act (Magnuson Act). Regulations authorized under the FMP 
that pertain to the U.S. groundfish fisheries appear at 50 CFR parts 
620, 675, and 676.
    This action implements Amendment 21a to the FMP. It establishes a 
trawl closure around the Pribilof Islands to protect sensitive habitat 
areas for crab, seabird, and marine mammal populations.
    A notice of availability of Amendment 21a was published on October 
6, 1994 (59 FR 50893), and invited comment on the amendment through 
November 29, 1994. A proposed rule was published in the Federal 
Register on October 17, 1994 (59 FR 52277); a correction to the 
proposed rule was published in the Federal Register on November 3, 1994 
(59 FR 55076). Comments on the proposed rule were invited through 
November 28, 1994. Written comments are summarized in the ``Response to 
Comments'' section, below.
    After reviewing the reasons for Amendment 21a and the comments on 
the proposed rule to implement it, NMFS approved Amendment 21a on 
December 30, 1994, under section 304(b) of the Magnuson Act. Amendment 
21a, and this final rule implementing it, prohibits fishing with trawl 
gear in the area bounded by a straight line connecting the following 
pairs of coordinates in the following order:

Latitude                             Longitude                          
                                                                        
57 deg.57.0' N.                      168 deg.30.0' W.                   
56 deg.55.2' N.                      168 deg.30.0' W.                   
56 deg.48.0' N.                      169 deg.2.4' W.                    
56 deg.34.2' N.                      169 deg.2.4' W.                    
56 deg.30.0' N.                      169 deg.25.2' W.                   
56 deg.30.0' N.                      169 deg.44.1' W.                   
56 deg.55.8' N.                      170 deg.21.6' W.                   
57 deg.13.8' N.                      171 deg.0.0' W.                    
57 deg.57.0' N.                      171 deg.0.0' W.                    
57 deg.57.0' N.                      168 deg.30.0' W.                   
                                                                        

The reasons for this action are explained further in the preamble to 
the proposed rule.

Changes From the Proposed Rule

    The proposed rule would have amended Sec. 675.22 by adding the 
proposed trawl closure as paragraph (i). The final rule amends 
Sec. 675.24 by adding paragraph (h) to include the trawl closure as the 
Pribilof Island Area Habitat Conservation Zone.

Response to Comments

    Seven letters of comment were received within the comment period. 
Of these, one letter was submitted by another government agency that 
acknowledged the action but provided no comment, three letters 
supported the action, and three letters of comment opposed the action. 
A summary of comments and NMFS' response follows:
    Comment 1: The proposed closure in the specified area around the 
Pribilof Islands should be disapproved because it includes all 
trawling, as opposed to bottom trawling, which will cause unnecessary 
impacts to the midwater pollock fishery. Also, the rock sole and 
flatfish fisheries will be seriously affected as a result of this 
closure. Finally, the rationale of protecting seabirds and marine 
mammals has not been analyzed thoroughly and fails to provide adequate 
justification for flatfish fisheries.
    Response: The inclusion of all trawl gear types provides additional 
protection for seabirds and marine mammals because all trawl gear is 
retrieved at the surface. Trawl gear interaction with these species at 
or near the ocean surface would be eliminated because the incidental 
takings of these species primarily occur near the surface. In addition, 
the inclusion of all trawl gear promotes enforcement and, by 
prohibiting the directed fishing for rock sole and flatfish with trawl 
gear, eliminates the source of the highest bycatch rates of crab and 
prohibited species categories. The amount of groundfish caught inside 
the habitat conservation area is minimal compared to the groundfish 
caught in the remaining Bering Sea areas. The EA/RIR provides a 
detailed analysis, which concludes that additional conservation 
benefits would be achieved with the prohibition of all trawl gear types 
from the habitat conservation area, which will have minimal adverse 
impact on the trawl fisheries.
    Comment 2: Combined effects of the proposed closure and other 
closures under consideration by the Council, which directly affect the 
rock sole fishery, were not adequately considered. An adequate analysis 
should be developed to determine: (1) The increased bycatch rate of 
prohibited species catch (halibut and Tanner crab) and other groundfish 
species due to the necessity for vessels participating in the rock sole 
fishery to change traditional fishing grounds; (2) the increased 
probability of a closure of the rock sole fishery before available TAC 
is harvested due to the attainment of C. bairdi Tanner crab or halibut 
bycatch allowances; (3) the combined effect of other trawl closures, 
which have made the rock sole fishery dependent on the Pribilof Islands 
area for higher catch rates, such that a redistribution of fishing 
effort from this area will result in lower catch rates and poorer 
utilization of groundfish stocks; and (4) whether a plausible link 
exists between the flatfish fisheries and seabirds or marine mammals.
    Response: The problem statement for this action addressed the 
habitat concerns for crabs, marine mammals, and seabirds in the 
ecosystem around the Pribilof Islands. Groundfish fisheries have 
bycatch, which were predominately blue king crab, in the Pribilof 
Islands area. Blue king crab exist as isolated populations off the 
Pribilof Islands, St. Matthew Island, and St. Lawrence Island.
    In addition, the northern fur seal population in the Pribilof 
Islands area comprises nearly two-thirds of the world population; 
although the population is currently stable, it is listed as depleted 
under the Marine Mammal Protection Act. Other seabirds and marine 
mammals that forage and breed in the area off the Pribilof Islands are 
Steller sea lions, Pacific harbor seals, and red-faced cormorants, 
murres species, auklets, and horned puffins. Therefore, the area 
surrounding the Pribilof Islands provides the potential for a marine 
sanctuary, if all trawling were prohibited. Any fishing with trawl 
gear, including flatfish, would increase the potential for interaction 
between the species needing protection and trawl gear, which has the 
potential to affect [[Page 4112]] marine mammals and seabirds 
adversely.
    A bycatch simulation model was used initially to examine the 
potential impact of alternative trawl closure areas around the Pribilof 
Islands. Results of this analysis suggested that minimal impacts in 
halibut or Tanner crab bycatch amounts would occur. The EA/RIR prepared 
for this action states that these results could be due to the 
relatively small spatial scale of the proposed alternatives that the 
model could not approximate, or reflect a fairly accurate minimal 
impact, both economically and in terms of bycatch of prohibited 
species.
    Analysis of the preferred alternative did not make use of the 
bycatch simulation model, in part because an updated version of the 
model was not available. Instead, analysts examined historical 
distribution and observed bycatch rates of prohibited species and the 
potential displacement of fishing effort from the proposed closed area 
to other fishing grounds. Based on this information and the previous 
bycatch simulation model runs, NMFS believes the best available 
information was used to examine the potential impact of the alternative 
trawl closures and that the proposed trawl closure would not be 
anticipated to result in an increase in prohibited species bycatch 
amounts.
    The EA/RIR included adequate analysis of the economic impacts 
relative to the groundfish fisheries in this area. Amendment 21a will 
have a larger impact on the flatfish fisheries than on other groundfish 
fisheries because the highest blue king crab bycatch rate in the 
groundfish fisheries has occurred in the closed area. Furthermore, the 
rock sole fishery experiences the highest bycatch rate of blue king 
crab, which is the species in need of protection.
    Comment 3: The proposed Pribilof Island area closure should be 
approved, because it will protect most of the king crab stocks, and 
enhance the rebuilding of depressed blue king crab stocks without 
causing foregone harvest of groundfish.
    Response: NMFS concurs with this comment.
    Comment 4: Amendment 21a is a conservation measure of significant 
proportion that is greatly needed and supported by the residents of the 
Pribilof Islands. Adequate support to minimize the impacts of the trawl 
fisheries was provided.
    Response: NMFS concurs with this comment.
    Comment 5: The effects of this closure to protect crab, seabirds, 
and marine mammals will significantly affect 14 vessels that fish in 
the Pribilof Islands area for rock sole and flatfish. To the extent 
that most of the groundfish catch for these fisheries and vessels takes 
place in the Pribilof Islands area, the displacement of these trawl 
vessels to other open areas will result in significant adverse economic 
effects. According to a Report to Industry on Blue and Red King Crab 
populations in the Pribilof District, the abundance of blue king crab 
has increased by 425 percent. The EA/RIR included the following points: 
(1) The abundance of red king crab in the area surrounding the Pribilof 
Islands has increased despite continued trawl activity, (2) no 
assessment of past trawl closures for crab has been conducted, (3) 
justification is lacking for the alleged destructive impact of bottom 
trawling on blue king crab's habitat and (4) different models were used 
to analyze different alternatives for the closed area.
    Response: The rock sole fishery will be able to continue in areas 
adjacent to the closed area. The movement of the rock sole fleet to 
other areas would allow the rock sole fishery to continue without 
affecting blue king crab stocks, marine mammals, and seabird 
populations that are dependent on the Pribilof Islands area. Although 
the NMFS crab survey indicated the abundance of red king crab has 
increased in the Pribilof Islands area in recent years, the habitat of 
red king crab covers an extensive portion of the Bering Sea. Blue king 
crab are present in isolated populations in localized areas near the 
Pribilof Islands, St. Matthew Island, and St. Lawrence Island. Blue 
king crab distribution does not extend uniformly across the Bering Sea.
    While a 425 percent increase in blue king crab abundance occurred 
from 1985 to 1993, 1985 marks the lowest annual abundance of blue king 
crab populations, and when compared to the 1980 abundance, the 1985 
abundance is 8,800 percent lower.
    The Council developed two sets of alternatives for the trawl 
closure based on either: (a) Geographic coordinates of existing 
management areas; or (b) the habitat of blue king crab, seabirds and 
marine mammals as determined through NMFS trawl survey data. The first 
set of alternatives was analyzed using a bycatch simulation model. This 
approach was not used for the second set of alternatives because an 
updated version of the model was not available. Instead, these 
alternatives were examined using new technology developed for the 
global positioning of observer and fishery data.

Classification

    The Director, Alaska Region, NMFS, has determined that FMP 
Amendment 21a is necessary for the conservation and management of the 
BSAI groundfish fishery and is consistent with the Magnuson Act and 
other applicable laws.
    The Assistant General Counsel of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule would not have a significant economic 
impact on a substantial number of small entities.
    NMFS has approved an emergency interim rule prohibiting directed 
fishing for groundfish by vessels using trawl gear in part of the 
Bering Sea Subarea to protect red king crab. The emergency rule closure 
will result in a redistribution of trawl effort for roe-bearing rock 
sole from historically productive fishing grounds in the Bristol Bay 
Subarea to other areas of the Bering Sea. The final rule implementing 
Amendment 21a must become effective concurrent with the emergency rule 
to prevent an unprecedented increase in trawl effort around the 
Pribilof Islands that could result from the redistribution of the rock 
sole fishery under the emergency rule. An increase in trawl effort 
around the Pribilof Islands would jeopardize the intent of Amendment 
21a to protect the important crab, marine mammal, and seabird habitat 
located in this area. The need to implement Amendment 21a in a timely 
manner constitutes good cause under authority contained in 5 U.S.C. 
553(d)(3), to waive the 30-day delay in effective date and make the 
rule effective on January 20, 1995.
    This action has been determined to be not significant for purposes 
of E.O. 12866.

List of Subjects in 50 CFR Part 675

    Fisheries, Reporting and recordkeeping requirements.

    Dated: January 13, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 675 is amended 
as follows:

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

    1. The authority citation for part 675 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. Section 675.24, paragraph (h) is added as follows: 
[[Page 4113]] 


Sec. 675.24  Gear limitations.

* * * * *
    (h) Pribilof Island Area Habitat Conservation Zone: Trawling is 
prohibited at all times in the area bounded by a straight line 
connecting the following pairs of coordinates in the following order:

Latitude                             Longitude                          
                                                                        
57 deg.57.0' N.                      168 deg.30.0' W.                   
56 deg.55.2' N.                      168 deg.30.0' W.                   
56 deg.48.0' N.                      169 deg.2.4' W.                    
56 deg.34.2' N.                      169 deg.2.4' W.                    
56 deg.30.0' N.                      169 deg.25.2' W.                   
56 deg.30.0' N.                      169 deg.44.1' W.                   
56 deg.55.8' N.                      170 deg.21.6' W.                   
57 deg.13.8' N.                      171 deg.0.0' W.                    
57 deg.57.0' N.                      171 deg.0.0' W.                    
57 deg.57.0' N.                      168 deg.30.0' W.                   
                                                                        

[FR Doc. 95-1398 Filed 1-13-95; 4:49 pm]
BILLING CODE 3510-22-P