[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Rules and Regulations]
[Pages 34904-34906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16363]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 675 and 677

[Docket No. 950414105-5166-02; 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: Final rule.

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SUMMARY: NMFS is implementing Amendment 35 to the Fishery Management 
Plan (FMP) for the Groundfish Fishery of the Bering Sea and Aleutian 
Islands Area (BSAI). This amendment prohibits the use of trawl gear in 
a specified area of the Bering Sea during the pollock non-roe season. 
Regulatory amendments also are implemented that would increase 1995 
observer coverage for mothership processor vessels and for some 
shoreside processors receiving pollock harvested in the catcher vessel 
operational area (CVOA), and would 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.

EFFECTIVE DATE: August 1, 1995.

ADDRESSES: Copies of Amendment 35 and the environmental assessment/
regulatory impact review/final regulatory flexibility analysis (RIR/
FRFA) 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 

[[Page 34905]]
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.
    In 1993, the total ``other'' (chum) 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. To reduce ``other'' salmon bycatch and 
address concerns for conservation of the salmon resource a specified 
area, the salmon savings area, which was renamed the chum salmon 
savings area (CSSA), was closed to trawling by emergency rule (59 FR 
35476, August 15, 1994) during the 1994 pollock nonroe season. As in 
past years, vessels fishing in the CSSA in 1994 prior to closure of 
this area experienced a high ``other'' salmon bycatch rate. Continued 
fishing in the CSSA in 1994 would likely have led to higher bycatch 
rates than those seen after the closure. The CSSA has historically 
accounted for a large proportion of ``other'' salmon bycatch and a 
relatively small proportion of groundfish harvest.
    A proposed rule to implement Amendment 35 to the FMP was published 
on April 25, 1995 (60 FR 20253). Public comment on the proposed rule 
was invited through June 5, 1995. A notice of availability for 
Amendment 35 was published in the Federal Register on April 6, 1995 (60 
FR 17512). Comments on Amendment 35 were accepted through May 30, 1995. 
One letter indicating ``no comments'' was received within the comment 
period. NMFS is not making any changes from the proposed rule to the 
final rule and is implementing the following management measures.
    1. The CSSA will 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 to the bycatch limit will begin on 
August 15. The CSSA will reopen to trawling on October 15. The closure 
area 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.; and
    56 deg.00' N., 167 deg.00' W.
    2. Mothership processor vessels that receive pollock harvested in 
the CVOA during the 1995 pollock nonroe season will 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 will also 
be required to have an extra observer. For 1996 and beyond, any 
observer coverage requirements for these vessels and shoreside plants 
would be implemented under the Research Plan.
    3. Electronic communication capabilities will 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.

Classification

    The Director, Alaska Region, NMFS, determined that the FMP 
amendment is necessary for the conservation and management of the 
Bering Sea and Aleutian Islands management area fisheries and that it 
is consistent with the Magnuson Act and other applicable laws.
    The Council prepared an FRFA as part of the RIR. A copy of this 
analysis is available from the Council (see ADDRESSES).
    This 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: June 28, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For 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 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.; and
    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 to read 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).

[[Page 34906]]


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 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.
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[FR Doc. 95-16363 Filed 6-29-95; 12:59 pm]
BILLING CODE 3510-22-F