[Federal Register Volume 60, Number 16 (Wednesday, January 25, 1995)]
[Rules and Regulations]
[Pages 4866-4870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1777]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Parts 675 and 677
[Docket No. 950112014-5014-01; I.D. 010695A]
RIN 0648-AH42
Groundfish of the Bering Sea and Aleutian Islands Area, North
Pacific Fisheries Research Plan; Trawl Closure To Protect Red King Crab
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that an emergency exists in the groundfish
fisheries being conducted in the Bering Sea and Aleutian Islands (BSAI)
management area. The number of female red king crab in Bristol Bay has
declined to a level that presents a serious conservation problem for
this stock. To protect Bristol Bay area red king crab, NMFS is
implementing by emergency rule a trawl closure in an area of Zone 1 in
the Bering Sea (BS). NMFS is also implementing changes to observer-
coverage requirements that will aid the monitoring of red king crab
bycatch in the BS flatfish trawl fisheries conducted outside of the
closure area in Zone 1. These management measures are intended to
accomplish the objectives of the North Pacific Fishery Management
Council (Council) with respect to fishery management in the BSAI.
DATES: Effective January 20, 1995 through April 25, 1995. Comments must
be submitted by February 9, 1995.
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. Copies of the
Environmental Assessment (EA) prepared for the emergency rule may be
obtained from the same address.
FOR FURTHER INFORMATION CONTACT:
Kaja Brix, 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 (FMP) for the Groundfish Fishery of the Bering Sea and Aleutian
Islands Area. 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.
At times, amendments to the FMP or its implementing regulations are
necessary to respond to fishery conservation and management problems
that cannot be addressed within the timeframe of the normal procedures
provided for by the Magnuson Act. Section 305(c) of the Magnuson Act
authorizes NMFS to implement emergency regulations necessary to address
these situations. These emergency regulations may remain in effect for
not more than 90 days after [[Page 4867]] publication in the Federal
Register, with a possible 90-day extension.
The number of red king crab in the Bristol Bay area of the BS is
declining. Data from the 1994 NMFS crab survey indicate that the number
of female red king crab is below threshold. This triggered closure of
the 1994 directed Bristol Bay red king crab pot fishery by the Alaska
Department of Fish and Game (ADF&G). Due to the closure of the red king
crab fishery in ADF&G shellfish management Area T, the area east of
163 deg. W. long. was closed to C. bairdi Tanner crab fishing for the
1994-95 season. Current regulations close Federal Statistical Area 512
to trawling to protect the red king crab stock. In view of the
declining red king crab stock and the need to further protect and
conserve red king crab in the Bristol Bay area of the BS, NMFS is
implementing, by emergency rule, the following measures:
1. A closure in a portion of Bycatch Zone 1 (defined at Sec. 675.2)
to directed fishing for groundfish by vessels using trawl gear other
than pelagic trawl gear;
2. Catcher/processors or catcher vessels equal to or greater than
60 ft (18.3m) length overall (LOA) must carry a NMFS-certified observer
during 100 percent of their fishing days when participating in the
flatfish fishery, defined at Sec. 677.10(a)(1)(ii)(E), in areas of Zone
1 outside of the closure area implemented under this emergency rule;
and
3. Catcher/processors or catcher vessels, equal to or greater than
60 ft (18.3m) LOA, must carry a NMFS-certified observer during 100
percent of their fishing days in which the vessel uses pelagic trawl
gear in the closure area implemented under this emergency rule.
For the duration of this emergency rule, NMFS is also requesting
that observers onboard vessels that have INMARSAT Standard A satellite
communications equipment and the appropriate software and that are
fishing for flatfish in Zone 1, report electronically crab bycatch data
and certain haul statistics on a daily basis. This would not entail any
additional regulatory requirement for vessel operators. Details of
these measures follow.
Red King Crab Savings Area (RKCSA)
Based on NMFS survey data, the 1994 abundance index for legal-sized
male Bristol Bay red king crab was 5.5 million crab compared to 7.3
million in 1993. The abundance index for mature female crab declined
from 14.2 million crab in 1993 to 7.5 million crab in 1994. This number
is below the threshold value of 8.4 million crab established pursuant
to the FMP for the Commercial King and Tanner Crab Fisheries in the
BSAI. These declines were corroborated by the length-based assessment
model that was newly developed by ADF&G. Because the abundance of
female crab was below threshold, ADF&G closed the 1994 Bristol Bay red
king crab fishery, as well as the directed pot fishery for Tanner crab
in Zone 1 east of 163 deg. W. long. The Bristol Bay red king crab stock
continues to suffer from a long period of low recruitment and sublegal
crab levels are among the lowest on record.
At the September 1994 Council meeting, the Crab Plan Team presented
the Council with information detailing the status of the red king crab
stocks in the Bristol Bay area of the BS. Because female red king crab
were below the sustainable threshold, emergency action was considered
to conserve this resource. At a subsequent teleconference on November
14, 1994, the Council reviewed an analysis prepared by ADF&G that
examined alternative closure areas. At this teleconference, the Council
recommended a closure area between 55 deg.45' and 57 deg.00' N. lat.
and between 162 deg. and 164 deg. W. long. The intent of this trawl
closure is to reduce the number of female red king crab taken as
bycatch in the trawl fisheries. However, it would be at the expense of
most of the optimal rock sole fishing grounds. After reviewing
additional analysis prepared by ADF&G subsequent to the Council's
teleconference and reexamining the administrative record on this issue,
NMFS is implementing a closure area that would meet the intent of the
Council to protect female red king crab, while minimizing the
displacement of trawl fisheries and the foregone opportunity to harvest
roe-bearing rock sole.
To conserve the red king crab resource in the Bristol Bay area of
the BS, NMFS is implementing emergency measures to prohibit directed
fishing for groundfish by vessels using trawl gear other than pelagic
trawl gear in the RKCSA, which is bounded by a straight line connecting
the following coordinates in the order listed below:
------------------------------------------------------------------------
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.................................... 164 deg.00' W.
56 deg.00' N.................................... 162 deg.00' W.
------------------------------------------------------------------------
The highest bycatch of red king crab has been from the rock sole/
other flatfish fishery category, especially in 1993 and 1994 when the
red king crab bycatch in Zone 1 was estimated at 134,000 and 193,000
crab, respectively. During this same period, the bottom trawl pollock
fishery caught the next highest amount of Zone 1 red king crab (44,000
and 39,000, respectively) and the yellowfin sole and Pacific cod
fisheries also took some king crab. Red king crab bycatch has been
greatest in the rock sole fishery during the months of January and
February when the rock sole roe fishery occurs. Significantly reduced
bycatch rates of red king crab occur in other trawl fisheries
throughout the year.
The current closure area for red king crab (Federal Statistical
Area 512) in the BS was designed to protect approximately 90 percent of
the mature female red king crab. This consideration was based on the
distribution of female crab in the mid 1980's. Annual NMFS crab survey
data show distribution and relative abundance of female red king crab
vary from year to year. However, survey data since 1990 indicate that
relatively large numbers of female crab have been taken at survey
stations in Bristol Bay located at 56 deg. N. long. and north. Although
only a limited number of survey stations are located south of 56 deg.
N. long., survey data from this area indicate a relatively low
abundance of crab and no female crab have been taken in this area
during the 1990-1994 trawl surveys.
Recent 1993 and 1994 trawl survey data show female red king crab
are present at survey stations located along 56 deg. N. long. The
relative abundance of female red king crab at these stations was
significantly greater in 1993 compared to 1994. The distribution of
crab indicated from summer trawl surveys may not represent the
distribution of various stock components during winter months when
intensive trawl operations for row-bearing rock sole occur in the
Bristol Bay area. Although no recent winter trawl survey data exists,
crab generally are believed to move shoreward during the molting and
mating season. Although the breeding season for crab can be protracted
and dependent on a number of variables, the peak breeding season is
believed to occur during March-May.
Available observer data on the sex composition of Bristol Bay red
king crab taken as bycatch in the trawl fisheries are limited. Sex
composition data collected in 1993 for observed hauls south of 56 deg.
N. lat. are not available. However, 1993 data for observed hauls
between 56 deg. and 56 deg.10' N. lat. show about one third of the crab
sampled for sex composition were females and almost 80 percent of the
crab sampled [[Page 4868]] for sex composition between 56 deg. and
57 deg. N. lat. were females.
Given the available data on the distribution of female red king
crab and the assumption that crab move shoreward during winter months,
NMFS believes that a closure between 162 deg. and 164 deg. W. long. and
between 56 deg. and 57 deg. N. lat. will adequately protect female red
king crab during the winter trawl fisheries without unnecessarily
jeopardizing the trawl fishery's opportunity to harvest valuable roe-
bearing rock sole.
The majority of king crab bycatch in observed hauls in all
fisheries during 1990-94 occurred in the area between 56 deg. and
57 deg. N. Lat. and 162 deg. and 164 deg. W. long. This also
corresponds to an area of high fishing effort. Most of the hauls were
taken between January and March, which also corresponds to the timing
of the rock sole roe fishery.
Observer data from 1990-94 show that between 20 and 45 percent of
the groundfish catch in the rock sole fishery has come from within this
area. The highest number of king crab is consistently taken by the rock
sole fishery. Between 40 and 70 percent of the red king crab incidental
catch in the rock sole fishery is taken within this area.
The RKCSA also accounts for between 10 and 45 of the halibut
incidental catch in the rock sole fishery. Although closure of the
RKCSA to protect red king crab stocks would also reduce halibut bycatch
within this area, relocated fishing effort could result in similar or
higher halibut bycatch rates in the open areas. Fishing effort
relocated from the closure area could also result in greater bycatch of
C. bairdi Tanner crab. This may cause the rock sole roe fishery to
attain specified halibut and C. bairdi bycatch allowances more quickly,
which would close the fishery sooner. Higher bycatch rates of either
halibut or C. bairdi Tanner crab in the rock sole fishery would not
pose a conservation problem because the overall bycatch amount of these
species is managed under specified bycatch allowances that, when
reached, will close the directed fishery for rock sole. As a result,
displaced fishing effort from the RKCSA to other fishing grounds could
result in closure of the rock sole roe fishery before the end of the
roe season (early to mid-March) to the extent that an increased bycatch
rate for halibut or C. bairdi would result in a more rapid attainment
of the bycatch allowances specified for these species.
Observer Coverage
Concurrent with the implementation of the RKCSA, NMFS is requiring
that all vessels equal to or greater than 60 ft (18.3m) LOA carry a
NMFS-certified observer onboard during 100 percent of their fishing
days while fishing for flatfish in the open areas of Zone 1. This
requirement will provide NMFS with better information on the bycatch of
red king crab, as well as other prohibited species. With the shift in
effort from the RKCSA to other areas of Zone 1, NMFS anticipates
changes in the bycatch rate of not only red king crab, but other
species as well. Increased observer coverage will enable NMFS to obtain
more complete bycatch data and facilitate the inseason monitoring of
crab and halibut bycatch to avoid exceeding specified bycatch
allowances. Between January and the end of April 1994, 30 catcher/
processors participated in a directed fishery for flatfish. Of these 30
vessels, 27 are equal to or greater than 125 ft (38.1m) LOA and already
are required to carry an observer at all times. Three are less than 125
ft (38.1m) LOA but were equal to or greater than 60 ft (18.3m) LOA and
under the emergency rule will have to carry an observer at all times.
One shoreside processor participated in the flatfish fishery in 1994.
Five catcher vessels equal to or greater than 60 ft (18.3m) LOA
delivered flatfish to this processor. Under this emergency rule, these
catcher vessels will also be required to carry an observer at all times
while fishing for flatfish in Zone 1. Four of the five catcher vessels
currently must carry an observer 100 percent of the time. The
requirement under this emergency rule will only affect three catcher/
processors and one catcher vessel if the same fleet fished for flatfish
in 1995 as in 1994.
Under the emergency rule, NMFS is also requiring vessels equal to
or greater than 60 ft (18.3m) LOA that use pelagic trawl gear in the
RKCSA to carry an observer during 100 percent of their fishing days.
This is necessary to ensure that the vessel operators adhere to the
current performance standard for pelagic trawl gear set out at
Sec. 675.7(n).
During the first pollock season in 1994, 20 catcher vessels
delivered pollock to shoreside facilities. Eight of these vessels were
equal to or over 125 ft (38.1m) LOA and are already required to carry
an observer at all times. The remaining 12 were greater than 60 ft
(18.3m) LOA and are currently required to have only 30-percent observer
coverage. Of these 12 vessels, 10 delivered significant quantities of
pollock and two delivered incidental amounts, probably as bycatch in
other fisheries. Therefore, 10-12 pollock vessels, based on 1994
information, would be affected by the additional observer-coverage
requirements.
The term ``fishing days'' is defined at Sec. 677.2 for purposes of
observer coverage requirements and does not include days during which a
vessel only delivered unsorted codends to a processor. Therefore,
catcher vessels used only for this purpose are exempt from increased
observer coverage requirements implemented under this emergency rule.
Data Reporting
To keep a more accurate and timely count of red king crab bycatch
amounts in the open areas of Zone 1, NMFS requests the observers
onboard those vessels with INMARSAT Standard A satellite communication
equipment, and the necessary hardware and software, fishing in the
flatfish target fisheries to report electronically the prohibited
species catch statistics and associated data on haul location and size
on a daily basis. Such reporting will provide more timely data and
enable NMFS to monitor more effectively the prohibited species bycatch
allowances specified for the 1995 groundfish fisheries.
NMFS requests this information only from observers onboard vessels
that already have the appropriate satellite communication equipment
(INMARSAT Standard A) and the software that was supplied by the NMFS
Observer Program Office. This emergency rule does not require that
portion of the industry that does not already have the above-mentioned
satellite communication capabilities to obtain electronic communication
equipment. Existing observer regulations specify that the observer
shall have access to communication equipment onboard the vessel. Under
this emergency rule, the observer will simply be transmitting a portion
of the same reports as those currently being sent, but on a daily
basis. This will involve somewhat higher data transmission costs for
the vessel compared to the status quo operation.
For those vessels that do not already have the capabilities for
electronic communication, the observer will continue to send the data
via conventional means, but also on a daily basis. The operators of
these vessels will not be required under this emergency rule to acquire
any additional communication equipment.
Currently, 21 catcher/processors that fished in the flatfish
fishery in 1994 have the appropriate satellite communication
capabilities. The remaining nine catcher/processors that fished in the
flatfish tart fishery in 1994 do not have various components of the
necessary equipment. Of theses nine vessels, three or four catcher/
processors [[Page 4869]] may have satellite communication equipment by
the 1995 trawl season, and five vessels will probably not have
satellite communication capabilities for the 1995 season.
Economic Considerations
A total of 62 processor vessels and six shoreside processors
participated in the nonpelagic trawl fisheries in the BSAI in 1994.
Based on 1994 ADF&G fish tickets, at least 61 catcher vessels delivered
to either shoreplants or motherships. The majority of fishing activity
in the RKCSA is carried out by the rock sole roe fishery.
Thirty catcher/processor vessels and five catcher vessels
participated in a flatfish fishery in the BS between January and May
1994. Between 2.5 and 3 percent of the total groundfish catch in the
BSAI came from the closure area in 1992 and 1993, respectively. Data
from 1990-1994 indicate that between 20 and 45 percent of the rock sole
catch has come from the closure area. The estimated gross wholesale
value of rock sole harvests in the BSAI between January and April 1994
was $36,313,484. The displacement of fishing effort for rock sole from
the RKCSA to less productive areas of the Bering Sea in anticipated to
result in some foregone harvest of roe-bearing rock sole and an
increase in operating costs. A quantitative assessment of these costs
is not possible because the amount of roe-bearing rock sole that will
be harvested outside the RKCSA is unknown. Given the improbable
assumption that the entire amount of rock sole harvested in the RKCSA
would be foregone, the maximum potential impact incurred by the rock
sole fishery could range from $7.3 million to $16.3 million. More
likely, the greatest potential for foregone revenue is associated with
the increased probability of a closure of the rock sole fishery due to
increased bycatch rates of C. bairdi and halibut, and a more rapid
attainment of a crab or halibut bycatch allowance before the end of the
roe season. The rock sole roe season typically ends by the first week
of March, although some fishing effort continues into mid March. In
1994, Zone 1 was closed February 28 because of red king crab bycatch;
however, the fishery was able to continue outside the area until Zone 2
was closed to the rock sole fleet on May 7, when the C. bairdi Tanner
crab bycatch allowance was reached. This closure likely will occur
sooner under the emergency rule, as would a closure of the BSAI due to
attainment of the halibut bycatch allowance, but a projection of the
actual date, as well as the potential foregone harvest of rock sole,
cannot be estimated given available information.
Additional observer coverage on the flatfish and pelagic pollock
vessels would result in costs per vessel of approximately $200/day for
each observer. Three catcher/processor vessels and one catcher vessel
participating in a Zone 1 flatfish fishery in 1994 were under 125 ft
(38.1m) LOA and may be subject to the additional requirement for 100-
percent observer coverage for the duration of this emergency rule. Ten
to 12 vessels that participated in the 1994 pelagic trawl pollock
fishery were also under 125 ft (38.1 m) LOA and may also be subject to
the requirement for 100-percent observer coverage under this rule.
Observer-coverage requirements currently are specified under
regulations implementing the North Pacific Fishers Research Plan
(Research Plan) at 50 CFR part 677. Under the Research Plan, the costs
of increased observer coverage incurred by catcher/processors under
this emergency rule may be credited up to each processor's 1995
Research Plan fee liability. This credit amount would reduce the
revenue to the North Pacific Observer Fund by a corresponding amount.
Increased observer-coverage requirements for catcher vessels under this
emergency rule will not affect the amount of fees generated under the
Research Plan because these vessels are exempt from 1995 Research Plan
fees (Sec. 677.6(b)(1)).
Electronic reporting, on a daily basis, by the observers on those
vessels that currently have INMARSAT Standard A satellite communication
capabilities would result in additional transmission costs for
operators of each of the 21 vessels. The cost of an electronic
transmission is between $3-5 per transmission. The remaining nine
vessels in the flatfish fisheries would incur additional cost of daily
fax transmission, which range between $10-20 per fax. No other cost
would be incurred by the industry for the daily electronic reporting.
NMFS concurs that the above regulatory measurers must be
implemented by emergency rulemaking to conserve the female red king
crab stocks in the Bristol Bay area of the BS.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to respond to an emergency
situation and that it is consistent with the Magnuson Act and other
applicable laws.
This rule is exempt from the procedures of the Regulatory
flexibility Act, because it is not required to be issued with prior
notice and opportunity for prior public comment.
This emergency interim rule has been determined to be not
significant for purposes of E.O. 12866.
NMFS finds that the immediate need to protect and conserve female
red king crab in the Bristol Bay area of the BS, as explained in the
preamble to this rule, constitutes good cause to waive the requirement
to provide prior notice and an opportunity for public comment pursuant
to authority set forth at 5 U.S.C. 553(b)(B), as a delay to provide
prior notice and an opportunity for public comment would be contrary to
the public interest. Similarly, the need to implement these measures in
a timely manner to protect female red king crab during the rock sole
roe fishery, which opens January 20, 1995, constitutes good cause under
authority contained in 5 U.S.C. 553(d)(3) to make the rule effective
less than 30 days after publication in the Federal Register.
List of Subjects in 50 CFR Parts 675 and 677
Fisheries, Reporting and recordkeeping requirements.
Dated: January 19, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 675 and 677
are amended as follows:
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREAS
1. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 675.22, paragraph (h) is added to read as follows:
Sec. 675.22 Time and areas closures.
* * * * *
(h) Red king crab savings area. Directed fishing for groundfish by
vessels using trawl gear other than pelagic trawl gear is prohibited at
all times, 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.
------------------------------------------------------------------------
[[Page 4870]] PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN
3. In Sec. 677.10, paragraphs (a)(1)(i)(G) and (a)(1)(i)(H) are
added and paragraph (c)(3) is revised to read as follows:
Sec. 677.10 General requirements.
(a) * * *
(1) * * *
(i) * * *
(G) A catcher/processor or catcher vessel equal to or greater than
60 ft (18.3m) LOA must carry a NMFS-certified observer during 100
percent of its fishing days in which the vessel uses trawl gear to
participate in the flatfish fishery, defined at
Sec. 677.10(a)(1)(ii)(E), in Zone 1, defined at Sec. 675.2 of this
chapter.
(H) A catcher/processor or catcher vessel equal to or greater than
60 ft (18.3m) LOA must carry a NMFS-certified observer during 100
percent of its fishing days in which the vessel uses pelagic trawl gear
in the area of the Bering Sea Subarea defined at Sec. 675.22(h) of this
chapter.
* * * * *
(c) * * *
(3) Facilitate transmission of observer data by:
(i) Allowing observers to use the vessel's communication equipment
and personnel, on request, for the entry, transmission, and receipt of
work-related messages, at no cost to the observers, the State of
Alaska, or the United States; and
(ii) Ensuring that the communication equipment that is on vessels
fishing in a flatfish fishery, defined at Sec. 677.10(a)(1)(ii)(E), in
Bycatch Zone 1, defined at Sec. 675.2 of this chapter, and that is used
by observers to transmit daily bycatch data is fully functional and
operational.
* * * * *
[FR Doc. 95-1777 Filed 1-19-95; 4:32 pm]
BILLING CODE 3510-22-W