[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Proposed Rules]
[Pages 20253-20257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10150]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 675 and 677
[Docket No. 95041405-5105-01; I.D. 033095A]
RIN 0648-AH69
Groundfish of the Bering Sea and Aleutian Islands Area; Chum
Salmon Savings Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations that would implement Amendment 35 to
the Fishery Management Plan (FMP) for the Groundfish Fishery of the
Bering Sea and Aleutian Islands Area (BSAI). This amendment proposes to
prohibit the use of trawl gear in a specified area of the Bering Sea
(BS) during the pollock nonroe season. Regulatory amendments also are
proposed that would increase 1995 observer coverage for mothership
processor vessels, and some shoreside processors receiving pollock
harvested in the catcher vessel operational area (CVOA) and require the
mothership processor vessels and shoreside processors to obtain the
capability for electronic transmission of daily observer reports. This
action is necessary to reduce chum salmon bycatch amounts in the
pollock fishery and is intended to promote the objectives of the FMP.
DATES: Comments must be submitted by June 5, 1995.
ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK,
99802, Attn: Lori Gravel, or delivered to the Federal Building, 709
West 9th Street, Juneau, AK. Copies of Amendment 35 and the
environmental assessment/regulatory impact review/initial regulatory
flexibility analysis (RIR/IRFA) prepared for Amendment 35 are available
from the North Pacific Fishery Management Council, P.O. Box 103136,
Anchorage, AK 99510; telephone: 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in
the exclusive economic zone of the BSAI is managed by NMFS according to
the FMP for the Groundfish Fishery of the Bering Sea and Aleutian
Islands Area. The FMP was prepared by the North Pacific Fishery
Management Council (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. Regulations governing
observer coverage requirements for specified U.S. fisheries under the
North Pacific Fisheries Research Plan (Research Plan) are codified at
50 CFR part 677.
This action proposes regulations to implement Amendment 35 to the
FMP. [[Page 20254]] If approved by NMFS, this amendment would prohibit
the use of trawl gear in a specified area of the BS that historically
contributes to relatively high salmon bycatch rates during late summer
months. This action also proposes two associated regulatory amendments
that would (1) require mothership processor vessels and some shoreside
processing plants to obtain an additional observer, and (2) require the
affected mothership processor vessels and 100-percent-observer-coverage
shoreside processing plants to obtain the necessary software and
hardware for electronic transmission of daily observer reports.
In 1993, the total ``other'' salmon bycatch amount in the BSAI
fisheries was 245,000 fish--approximately six times the bycatch level
estimated for each of the previous 2 years and triple the previous
highest bycatch amount of 72,000 ``other'' salmon estimated in the 1984
foreign trawl fishery. ``Other'' salmon is defined as salmon other than
chinook salmon. Historical observer data indicate that approximately 95
percent of the ``other'' salmon bycatch in the BS is chum salmon.
The magnitude of the 1993 chum salmon bycatch in the pollock nonroe
season is of concern especially in view of poor returns of chum salmon
to western Alaska river systems during recent years. These poor returns
have precipitated closure, by the Alaska Department of Fish and Game,
of commercial, sport, and subsistence fisheries in several western
Alaska Districts.
To address the problems of high salmon bycatch in the BS, NMFS
implemented an emergency rule on August 15, 1994 (59 FR 35476, July 12,
1994) that imposed restrictions on ``other'' salmon bycatch during the
pollock nonroe season of 1994. The emergency rule closed a specific
area (the salmon savings area) in the CVOA after a limit of 42,000
``other'' salmon had been taken in the CVOA. The salmon savings area
(SSA) was defined based on historical observer data that indicated a
relatively high ``other'' salmon bycatch rate. Under the emergency rule
the SSA was closed to all trawling on August 20, 1994, 5 days after the
opening of the pollock nonroe season. As in past years, vessels fishing
in the SSA in 1994, prior to closure of this area, experienced a high
``other'' salmon bycatch rate. Continued fishing in the SSA in 1994
would likely have led to higher bycatch rates than those seen after the
closure.
At its January 1995 meeting, the Council recommended that NMFS
implement the following long-term management measures to address the
chum salmon bycatch problem in the BSAI pollock nonroe season:
1. The chum salmon savings area (CSSA), defined under the emergency
rule as the SSA, would be closed to all trawling for the month of
August, with the closure continuing or being reinstated once a bycatch
limit of 42,000 ``other'' salmon has been reached in the CVOA.
Accounting for chum salmon bycatch attributable towards the bycatch
limit would begin on August 15. The CSSA would reopen to trawling on
October 15.
2. Mothership processor vessels that receive pollock harvested in
the CVOA during the 1995 pollock nonroe season would be required to
carry two observers until the bycatch limit for ``other'' salmon is
reached or until October 15, whichever occurs first. For the same
period of time, those shoreside processing plants that also receive
pollock harvested in the CVOA during the 1995 pollock nonroe season and
that offload fish at two locations on the same dock and have distinct
and separate equipment at each location to process those fish would
also be required to have an extra observer. For 1996 and beyond,
observer coverage requirements for these vessels and shoreside plants
could be specified annually under the Research Plan.
3. Electronic communication capabilities would be required for each
mothership processor vessel that receives pollock harvested in the CVOA
during the pollock nonroe season and for each shoreside processing
facility that receives pollock harvested from the CVOA during the
pollock nonroe season and that is required to have 100-percent-
observer-coverage under 50 CFR 677.10.
These measures are described in detail and justified below.
Chum Salmon Savings Area
At its January 1995 meeting, the Council adopted an FMP amendment
that would provide the authority to prohibit trawl fisheries in an area
within the CVOA that historically accounts for relatively high salmon
bycatch rates during summer and fall months. The area would be closed
from August 1 through August 31. The closure would continue or be
reinstated once a bycatch limit of 42,000 ``other'' salmon is reached
and the area would remain closed through October 14. Accounting of
salmon towards the bycatch limit would start at the beginning of the
pollock nonroe season on August 15. Only salmon caught in the CVOA
would be counted towards the bycatch limit. This measure is intended to
reduce chum salmon bycatch in the pollock nonroe fishery.
The closure area (the CSSA) is defined by straight lines connecting
the following coordinates in the order listed:
56 deg.00' N., 167 deg.00' W.;
56 deg.00' N., 165 deg.00' W.;
55 deg.30' N., 165 deg.00' W.;
55 deg.30' N., 164 deg.00' W.;
55 deg.00' N., 164 deg.00' W.;
55 deg.00' N., 167 deg.00' W.;
56 deg.00' N., 167 deg.00' W.
At its January 1995 meeting, the Council considered three different
alternatives with seven options for time/area closures to limit chum
salmon bycatch during the pollock nonroe season. The Council
recommended the same closure area that was previously chosen for
closure under the emergency rule. This area was chosen as a minimum
closure area that would provide the most consistent protection to
``other'' salmon during the pollock nonroe season, but would still
allow access to productive pollock fishing grounds.
The CSSA historically has accounted for a large proportion of
``other'' salmon bycatch and a relatively small proportion of
groundfish harvest. The recommended 42,000 ``other'' salmon bycatch
limit represents 50 percent of the 1991, 1992, and 1993 average of
``other'' salmon bycatch in the CVOA. The 42,000 ``other'' salmon limit
approximates the 1991 and 1992 bycatch, while providing some buffer to
accommodate slight increases in bycatch.
During the period July through October, the recommended CSSA
accounted for 1.0, 0.8, and 7.0 percent of the total annual observed
groundfish catch in the BSAI pollock and Pacific cod trawl fisheries
during 1991, 1992, and 1993, respectively. During the period July
through October of 1991, 1992, and 1993, this area accounted for 38,
40, and 54 percent, respectively, of the total annual ``other'' salmon
bycatch. During the period July through October 1993, the CSSA had the
highest ``other'' salmon bycatch rate of the areas analyzed--
approximately 1.2 ``other'' salmon per metric ton (mt) of groundfish.
Also, during the pollock nonroe season in 1994, the CSSA had a
similarly high ``other'' salmon bycatch rate (1.12 salmon/mt
groundfish) prior to the closure of this area. The initial number of
salmon estimated in the first week of the 1994 pollock nonroe season
was similar in both 1993 and 1994. Total bycatch was reduced in 1994
following the closure of the CSSA. Determining whether the reduced
weekly catch of ``other'' salmon was due [[Page 20255]] to the closure
or would have occurred without the closure is difficult. Given the high
bycatch rates within the CSSA, closing this area likely had the desired
effect of reducing overall ``other'' salmon bycatch.
This proposed rule is intended to prevent a recurrence of the high
1993 chum salmon bycatch experienced during the BSAI pollock nonroe
season. The bycatch of ``other'' salmon appears to be a function of the
time of year, distribution of fishing effort, and spatial distribution
of salmon. Historical data indicate that ``other'' salmon bycatch is
reduced generally during the winter months and elevated during the
months of July through October. Approximately 67 percent of all
``other'' salmon bycatch in observed hauls during 1991 was taken during
August, and 40 percent and 62 percent of the 1992 and 1993 ``other''
salmon bycatch, respectively, was taken during the month of September.
Starting in 1993, the opening of the pollock nonroe season was delayed
from June 1 until August 15 (58 FR 30997, May 28, 1993). This delay was
implemented to achieve increased revenues from the harvest of BSAI
pollock during the nonroe season and to provide participants in the
pollock nonroe fishery increased opportunities to fish in other
groundfish fisheries.
Although the delay of the pollock nonroe season until August 15 was
expected to increase chum salmon bycatch, the magnitude of the 1993
bycatch amount was not anticipated. Spatially, the number of ``other''
salmon appears to be highest south of 57 deg. N. lat. and east of
168 deg. W. long. Consistent with historical data, about 80 percent of
the 1993 BSAI ``other'' salmon bycatch was taken in the CVOA.
Increased Observer Coverage and Electronic Transmission of Observer
Data
NMFS must rely on data collected by NMFS-certified observers to
manage the ``other'' salmon bycatch limit of 42,000 fish. Currently,
one observer is required on each mothership processor vessel
participating in either the inshore or offshore component pollock
fishery and at most shoreside processing plants receiving pollock.
Regulations at Sec. 675.20(c)(6) require that all salmon taken in BSAI
trawl operations be retained until the number of salmon is determined
by a NMFS-certified observer. NMFS intends to use these observed counts
to monitor the ``other'' salmon bycatch limit. To monitor the chum
salmon bycatch limit effectively and close the CSSA once the 42,000
fish bycatch limit has been reached, NMFS must receive daily electronic
reports of salmon bycatch numbers. NMFS typically receives weekly
reports on groundfish catch and on prohibited species bycatch to
monitor the fisheries.
The time required to process these reports results in a delay
between the receipt of reports and determination of overall catch
statistics that provide the basis for determining whether a closure is
required. If the ``other'' salmon bycatch were to proceed at the 1993
or 1994 rates, weekly reporting would not be sufficient to allow timely
closure of the CSSA once the 42,000 ``other'' salmon limit had been
reached, thus contributing to higher than necessary salmon bycatch
during the pollock nonroe season.
Effective monitoring of the bycatch limit requires a second
observer on each mothership processor vessel and at some shoreside
processing plants that receive fish from catcher boats fishing in the
CVOA during the pollock nonroe season. This requirement is necessary to
ensure accurate and timely counts of salmon bycatch, without
compromising the other groundfish sampling duties of the observer. The
time required by observers to count salmon bycatch for each haul and
transmit these data on a daily basis, places an extra burden on
observers. Because large numbers of hauls are delivered to mothership
processor vessels compared to some other processors a greater burden
would be placed on a single observer to obtain the necessary salmon
counts and transmit that information on a daily basis. Those shoreside
processors that offload fish at more than one location on the same dock
and have distinct and separate equipment at each location to process
those fish would also be required to have an extra observer to monitor
the large number of deliveries.
Salmon counts, to be attributed to the bycatch limit, would begin
on August 15. NMFS would require the additional observers to be aboard
the mothership processor vessels and at the shoreside processing plants
from August 15, the start of the pollock nonroe season, until the
bycatch limit of 42,000 fish has been reached. These vessels and
shoreside plants would be directly responsible for observer coverage
costs in 1995 and would not receive credit for these costs, under
Sec. 677.6(d), against 1995 Research Plan fee assessments authorized
under Sec. 677.6(b). Subsequent assignment of observer coverage for
1996 and beyond would be annually specified under the Research Plan
(Sec. 677.11).
To enable the observers to report haul-by-haul statistics and
salmon bycatch numbers on a daily basis, the operator of each
mothership processor vessel that receives fish harvested in the CVOA
must provide specific communication equipment.
The specific equipment listed below is similar to the requirements
for the emergency rule that also imposed restrictions on ``other''
salmon bycatch during the pollock nonroe season of 1994. The processors
affected by this rule should already have this communication equipment,
except that some computers may need to be upgraded. Significant
additional costs would not be incurred. This specific equipment is
necessary to ensure compatibility with the software developed by the
NMFS Observer Program Office. Equipment that differs from these
specifications would not operate the data-entry software that allows
electronic data transmission. Not all computer hardware and software
and satellite systems are compatible and it would be economically and
practically inefficient to set up multiple systems to transmit and
collect the same information. These equipment requirements are
consistent with the applicable specifications for vessel monitoring
systems published in the Federal Register on March 31, 1994 (59 FR
15180).
Mothership processor vessels would be required to have INMARSAT
Standard A satellite communication capabilities and associated software
(cc:Mail remote and a data entry program provided by the Regional
Director) for observer's use. Each mothership processor vessel must
also have the following equipment or equipment compatible therewith and
having the ability to operate the NMFS-supplied data entry software
program: a personal computer (PC) with a 486 or better processing chip,
a DOS version 3.0 or better operating system, and 10 megabytes of free
hard disk storage, and eight megabytes of random access memory (RAM)
available to support the program used by the observer. Each shoreside
facility that receives pollock harvested in the CVOA during the pollock
nonroe season and that is required to have 100-percent-observer-
coverage under 50 CFR 677.10, must have the capability to transmit data
over telephone lines using a computer modem. These processors would
make available to observers the following equipment or equipment
compatible therewith: a PC with a 486 or better processing chip, with
at least a 9600 baud modem, and a phone line. The PC must be equipped
with a mouse, Windows version 3.1, or a program having the ability to
operate the NMFS-supplied data entry software program, and have at
least 10 megabytes of free [[Page 20256]] hard disk storage with eight
megabytes RAM to support the software program used by the observer.
Vessels and shoreside processing facilities would be required to
maintain fully functional and operational electronic-data communication
equipment.
The affected mothership processor vessels and shoreside processors
must obtain for observers' use the data entry software program provided
by the Regional Director.
Classification
Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish
regulations proposed by a Council within 15 days of receipt of the FMP
amendment and regulations. At this time NMFS has not determined that
the FMP amendment that these rules would implement is consistent with
the national standards, other provisions of the Magnuson Act, and other
applicable laws. NMFS in making that determination, will take into
account the data, views, and comments received during the comment
period.
The Council prepared an IRFA as part of the RIR, which describes
the impact of this proposed rule on small entities, if adopted. The
IRFA indicates that the preferred option was the most cost-effective of
the options considered.
Although, the groundfish historically caught in this area can be
harvested elsewhere in the BS, this proposed action could have a
significant economic impact on the segment of the fishing industry that
fishes for nonroe pollock because all of the catcher vessels would be
prohibited from trawling in the closure area and would have to
relocate, incurring undeterminable expenses. Operating costs could
increase for catcher vessels that are forced to fish in locations other
than the closure area and the catch-per-unit-effort in the locations
that these vessels are displaced to may be less than in the closure
area. These factors could contribute, for these catcher vessels, to
reductions in gross revenues of more than 5 percent, annual compliance
costs that increased total costs of production by more than 5 percent,
or compliance costs for small entities that are at least 10 percent
higher than compliance costs as a percent of sales for large entities.
A copy of this analysis is available from the Council (see
ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Parts 675 and 677
Fisheries, Reporting and recordkeeping requirements.
Dated: April 19, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For reasons set out in the preamble, 50 CFR parts 675 and 677 are
proposed to be 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 675.22, paragraph (h) is added to read as follows:
Sec. 675.22 Time and area closures.
* * * * *
(h) Chum Salmon Savings Area. (1) Trawling is prohibited from
August 1 through August 31 in the area defined by straight lines
connecting the following coordinates in the order listed:
56 deg.00' N. 167 deg.00' W.,
56 deg.00' N. 165 deg.00' W.,
55 deg.30' N. 165 deg.00' W.,
55 deg.30' N. 164 deg.00' W.,
55 deg.00' N. 164 deg.00' W.,
55 deg.00' N. 167 deg.00' W.,
56 deg.00' N. 167 deg.00' W.
(2) When the Regional Director determines that 42,000 nonchinook
salmon have been caught by vessels using trawl gear during the time
period of August 15 through October 14 in the catcher vessel
operational area, defined in paragraph (g) of this section, NMFS will
prohibit fishing with trawl gear for the remainder of the period
September 1 through October 14 in the area defined under paragraph
(h)(1) of this section.
3. Section 675.25 is revised as follows:
Sec. 675.25 Observer requirements.
(a) General. Bering Sea and Aleutian Islands management area
groundfish observer requirements are contained in part 677 of this
chapter.
(b) Additional observer coverage requirements applicable through
December 31, 1995. (1) Each mothership processor vessel that receives
pollock harvested by catcher vessels in the catcher vessel operational
area, defined at Sec. 675.22(g), during the second pollock season that
starts on August 15 under Sec. 675.23(e), is required to have a second
NMFS-certified observer aboard, in addition to the observer required
under Sec. 677.10(a)(1)(i) of this chapter for each day of the second
pollock season until the chum salmon savings area is closed under
Sec. 675.22(h)(2).
(2) Each shoreside processor that offloads fish at more than one
location on the same dock and has distinct and separate equipment at
each location to process those fish and that receives pollock harvested
by catcher vessels in the catcher vessel operational area, defined at
Sec. 675.22(g), during the second pollock season that starts on August
15, under Sec. 675.23(e) is required to have a NMFS-certified observer,
in addition to the observer required under Sec. 677.10(a)(1)(i) of this
chapter, at each location where fish is offloaded, for each day of the
second pollock season until the chum salmon savings area is closed
under Sec. 675.22(h)(2).
PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN
4. The authority citation for part 677 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
5. Section 677.10, paragraphs (c)(3) and (d)(3) are revised to read
as follows:
Sec. 677.10 General requirements.
* * * * *
(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;
(ii) Ensuring that each mothership that receives pollock harvested
in the catcher vessel operational area, defined at
Sec. 675.22(g) of this chapter, during the pollock nonroe season
that starts on August 15, is equipped with INMARSAT Standard A
satellite communication capabilities, cc:Mail remote, and the data
entry software, provided by the Regional Director, for use by the
observer. The operator of each mothership processing vessel shall also
make available for the observers' use the following equipment
compatible therewith and having the ability to operate the NMFS-
supplied data entry software program: a personal computer with a 486 or
better processing chip, a DOS 3.0, or better operating system with 10
megabytes free hard disk storage and 8 megabytes RAM; and
(iii) Ensuring that the communication equipment that is on
mothership processor vessels as specified at paragraph (c)(3)(ii) of
this section, and [[Page 20257]] that is used by observers to transmit
data is fully functional and operational.
* * * * *
(d) * * *
(3) Facilitate transmission of observer data by:
(i) Allowing observers to use the shoreside processing facility'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;
(ii) Ensuring that each shoreside processing facility that is
required to have 100-percent-observer-coverage under Sec. 677.10 and
that receives pollock harvested in the catcher vessel operational area,
defined at Sec. 675.22(g) of this chapter, during the second pollock
season that starts on August 15, under Sec. 675.23(e) of this chapter,
makes available to the observer the following equipment or equipment
compatible therewith: a personal computer with a minimum of a 486
processing chip with at least a 9600-baud modem and a telephone line.
The personal computer must be equipped with a mouse, Windows version
3.1, or a program having the ability to operate the NMFS-supplied data
entry software program, 10 megabytes free hard disk storage, 8
megabytes RAM, and with data entry software provided by the Regional
Director for use by the observers; and
(iii) Ensuring that the communication equipment that is in the
shoreside processing facility as specified at paragraph (d)(3)(ii) of
this section, and that is used by observers to transmit data is fully
functional and operational.
* * * * *
[FR Doc. 95-10150 Filed 4-20-95; 2:46 pm]
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