[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Proposed Rules]
[Pages 46811-46813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22285]



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DEPARTMENT OF COMMERCE
50 CFR Part 675

[Docket No. 950830223-5223-01; I.D. 082395C]
RIN 0648-AE97


Groundfish of the Bering Sea and Aleutian Islands Area; Chinook 
Salmon Savings Areas

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 21b 
to the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area (FMP). This amendment proposes to 
prohibit the use of trawl gear in specified areas of the Bering Sea and 
Aleutian Islands (BSAI) management area through April 15 of each 
fishing year once a chinook salmon bycatch of 48,000 fish has been 
reached in the BSAI management area trawl fisheries. This action is 
necessary to limit chinook salmon bycatch in the BSAI management area 
and is intended to promote the goals and objectives of the FMP.

DATES: Comments on the FMP amendment must be received by October 20, 
1995.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK, 
99802, Attention: Lori Gravel, or delivered to the Federal Building, 
709 West 9th Street, Juneau, AK. Copies of Amendment 21b and the 
environmental assessment/regulatory impact review/initial regulatory 
flexibility analysis (EA/RIR/IRFA) prepared for Amendment 21b are 
available from the North Pacific Fishery Management Council, P.O. Box 
103136, Anchorage, AK 99510; telephone: 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Sally Bibb, 907-586-7228.

SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in 
the exclusive economic zone of the BSAI management area is managed by 
NMFS according to the FMP. 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.
    This action proposes regulations to implement Amendment 21b to the 
FMP. If approved by NMFS, this amendment would prohibit the use of 
trawl gear in specified areas of the BSAI management area that 
historically contributed to relatively high chinook salmon bycatch 
rates during winter months.
    Chinook salmon are caught incidentally in trawl fisheries in the 
BSAI management area. They are a prohibited species in the trawl 
fisheries and must be discarded after being counted by a NMFS-certified 
observer.
    During the foreign fisheries, the estimated chinook salmon bycatch 
reached a high of 115,000 salmon in 1980. As a result, the foreign 
fleet was put on a bycatch reduction schedule starting at 65,000 
chinook salmon and decreasing to 16,500 chinook by 1986. According to 
reported bycatch, the foreign fleet did not exceed the reduction 
schedule bycatch level in any year.
    The domestic groundfish trawl fleet has caught the majority of the 
chinook salmon bycatch since 1987. Chinook salmon bycatch exceeded 
20,000 fish in 1987, 1988, and 1989 and exceeded 40,000 fish in 1991, 
1992, 1993, and 1994. Estimated chinook salmon bycatch in the domestic 
trawl fisheries from 1990 to the present is summarized below:

------------------------------------------------------------------------
                                                                 No. of 
                             Year                               Chinook 
------------------------------------------------------------------------
1990.........................................................     13,990
1991.........................................................     48,821
1992.........................................................     41,903
1993.........................................................     45,964
1994.........................................................     44,437
\1\ 1995.....................................................    17,701 
------------------------------------------------------------------------
\1\ Preliminary through 7/29/95.                                        

    Observer data from the foreign, joint-venture, and domestic trawl 
fisheries for pollock and Pacific cod were examined for seasonal and 
spacial patterns in chinook salmon bycatch and groundfish catch. The 
pollock and Pacific cod fisheries were selected because nearly all 
chinook salmon bycatch occurs in these fisheries (92 percent in 1994). 
These data showed that chinook salmon bycatch was largely associated 
with groundfish catches along the 200-m contour (continental shelf 
break), in the 

[[Page 46812]]
``horseshoe'' area of the contour, and north of Unimak Island. Chinook 
salmon bycatch did not extend, for the most part, far from the contour, 
from the horseshoe, or from north of Unimak Island. In addition, 
analysis of haul-by-haul observer data showed that chinook salmon 
bycatch rates were higher in the winter months--from September or 
October through April.
    Analysis of scale patterns, tagging study results, and parasite 
information indicates that from about 50 percent to over 90 percent of 
the chinook salmon encountered in the Bering Sea are of Western Alaskan 
origin. Therefore, chinook salmon bycatch likely reduces the number of 
chinook salmon available for escapement and subsistence, commercial, 
and recreational fisheries in Western Alaska and elsewhere.
    Salmon fishery managers have been concerned about the health of 
chinook salmon stocks on the Yukon River, Kuskokwim River, and portions 
of Bristol Bay, where minimum escapement goals in several systems were 
not met in the mid- and late-1980's. Although escapement has improved 
in recent years, these goals are only being met through careful 
management of directed fisheries by time and area and through gear 
restrictions.
    Chinook salmon is one of the major food items of the Yup'ik Eskimo 
and Athabaskan Indians of Western and Interior Alaska and plays an 
important role in supporting the indigenous cultures and mixed, 
subsistence-cash socioeconomic systems of these peoples. In addition, 
commercial and recreational fishing provides an important source of 
income in Western Alaska communities. Further description of the 
biological, economic, and cultural importance of chinook salmon in 
Western Alaska is contained in the EA/RIR/IRFA (see ADDRESSES).
    The Council began developing alternatives for chinook salmon 
bycatch management in the domestic groundfish trawl fisheries in 1992 
under Amendment 21 to the FMP. A draft analysis was released for public 
review in January 1993. However, in April 1993, the Council decided to 
separate the chinook salmon bycatch management alternatives; identify 
them as Amendment 21b; and postpone action to allow public review of a 
Vessel Incentive Program and industry development of the Salmon 
Research Foundation. During its June 1993 meeting, the Council voted to 
endorse the Salmon Research Foundation (SRF), a non-profit corporation 
that uses income generated from a $20 per chinook salmon assessment to 
develop a salmon bycatch avoidance program and to fund research on the 
origin of salmon caught in the trawl fisheries. In 1994, the SRF 
developed a program to disseminate inseason observer data and other 
information about individual vessel chinook salmon bycatch to the trawl 
fleet. The intent of this program was to provide vessel operators 
timely information to help reduce salmon bycatch rates. The long-term 
effectiveness of the SRF in reducing chinook salmon bycatch is 
difficult to evaluate, given the short time it has been in operation.
    In June 1993, the Council voted to recommend the issuance of 
regulations to: (1) Prohibit the discard of salmon until the number of 
salmon are determined by a NMFS-certified observer, (2) implement data 
gathering and analysis of bycatch patterns, and (3) require posting on 
the NMFS bulletin board of salmon bycatch numbers for each vessel. 
These regulations became effective May 20, 1994 (59 FR 18575, April 20, 
1994).
    In the meantime, the Council continued to consider additional 
chinook salmon bycatch management alternatives, including a chinook 
salmon prohibited species catch (PSC) limit and closures in times or 
areas of historic high salmon bycatch. PSC limits ranging from 8,000 to 
48,000 chinook salmon were analyzed. The lower bound of this range was 
determined by applying the lowest average annual chinook salmon bycatch 
rate since 1980 (0.004 salmon per metric ton of groundfish in 1986) to 
current BSAI management area groundfish harvests. Additional PSC limits 
analyzed included annual bycatch rates of 0.008 (16,000 salmon), 0.012 
(24,000 salmon), and 0.024 (48,000 salmon).
    The Council considered nine alternatives or options for area 
closures once a PSC limit was reached, including the entire BSAI 
management area, specific Federal statistical areas, a 30 mile-wide 
(48,280 m) buffer strip along the 200-m contour, and specific \1/
2\ deg. lat. by 1 deg. long. blocks. In addition, alternatives or 
options to close these areas during specific seasons, for specific 
directed fisheries, or in the absence of a PSC limit also were 
considered. Chinook Salmon Savings Areas.
    At its April 1995 meeting, the Council voted to recommend an FMP 
amendment that would close three non-contiguous areas of the BSAI 
management area comprised of nine \1/2\ deg. lat. by 1 deg. long. 
blocks to all trawling through April 15, once an annual PSC limit of 
48,000 chinook salmon was reached. The areas would reopen April 15 for 
the remainder of the year, regardless of the amount of chinook salmon 
bycatch. Accounting of chinook salmon towards the bycatch limit would 
start at the beginning of each fishing year (January 1).
    The Chinook Salmon Savings Areas (CHSSA) are:
    (1) The area defined by straight lines connecting the following 
coordinates in the order listed:

56 deg. 30' N., 171 deg. 00' W.;
56 deg. 30' N., 169 deg. 00' W.;
56 deg. 00' N., 169 deg. 00' W.;
56 deg. 00' N., 171 deg. 00' W.; and
56 deg. 30' N., 171 deg. 00' W.

    (2) The area defined by straight lines connecting the following 
coordinates in the order listed:

54 deg. 00' N., 171 deg. 00' W.;
54 deg. 00' N., 170 deg. 00' W.;
53 deg. 00' N., 170 deg. 00' W.;
53 deg. 00' N., 171 deg. 00' W.; and
54 deg. 00' N., 171 deg. 00' W.

    (3)The area defined by straight lines connecting the following 
coordinates in the order listed:

56 deg. 00' N., 165 deg. 00' W.;
56 deg. 00' N., 164 deg. 00' W.;
5 deg. 00' N., 164 deg. 00' W.;
55 deg. 00' N., 165 deg. 00' W.;
54 deg. 30' N., 165 deg. 00' W.;
54 deg. 30' N., 167 deg. 00' W.;
55 deg. 00' N., 167 deg. 00' W.;
55 deg. 00' N., 166 deg. 00' W.;
55 deg. 30' N., 166 deg. 00' W.;
55 deg. 30' N., 165 deg. 00' W.; and
56 deg. 00' N., 165 deg. 00' W.

    Data from observed trawl vessels participating in the pollock and 
Pacific cod fisheries from 1990 through 1993 were used to compare catch 
and bycatch in the CHSSA and other areas of the BSAI management area. 
During the high bycatch months of January through April and September 
through December, the CHSSA represented 52, 66, 64, and 60 percent of 
the chinook bycatch, and 20, 36, 38, and 49 percent of the total 
groundfish catch in observed hauls between 1990 and 1993. In other 
words, the CHSSA represented a larger share of chinook salmon bycatch 
relative to total groundfish catch. The importance of these areas, in 
terms of both groundfish catch and chinook salmon bycatch, increased 
between 1990 and 1993. However, the increase in groundfish catch in the 
areas was greater than the increase in chinook salmon bycatch over the 
4-year period.
    Although high chinook salmon bycatch was identified in two seasons 
(January through April and September through December), through 
analysis of observer data aggregated by month, the Council recommended 
a closure only 

[[Page 46813]]
from January 1 through April 15, because the majority of the chinook 
salmon bycatch in recent years has been caught between January and 
April. For example, in 1993, approximately 71 percent of the chinook 
salmon bycatch by observed trawl vessels in the pollock and Pacific cod 
fisheries in the CHSSA occurred between January and April.
    Since 1990, chinook salmon bycatch between January 1 and April 15 
was estimated to be:

------------------------------------------------------------------------
                                                                 No. of 
                                                                Chinook 
                             Year                               by April
                                                                   15   
------------------------------------------------------------------------
1990.........................................................     11,626
1991.........................................................     44,234
1992.........................................................     30,703
1993.........................................................     23,129
1994.........................................................     37,967
\1\ 1995.....................................................    17,064 
------------------------------------------------------------------------
\1\ Preliminary through 7/29/95.                                        

    Based on historical bycatch estimates, reaching the 48,000 PSC 
limit or closing the CHSSA in future years is not likely. In selecting 
this preferred alternative, the Council expressed the view that current 
levels of chinook salmon bycatch probably did not represent biological 
harm to Western Alaska chinook salmon stocks. Furthermore, existing 
groundfish fisheries should not be constrained in order to reduce the 
current level of chinook salmon bycatch. However, future increases in 
bycatch in the BSAI management area trawl fisheries need to be limited 
to prevent detrimental impact on Western Alaska chinook salmon stocks 
and fisheries.
    If bycatch amounts before April 15 of future years exceed amounts 
caught in recent years, closure of the CHSSA would prevent trawlers 
from fishing in areas that historically represented from 20 percent to 
49 percent of annual groundfish catch. Although other areas of the BSAI 
management area would continue to be open to trawling, vessels 
displaced from the CHSSA would likely incur increased operating costs 
and lower catch per unit effort.

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 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 this proposed rule would have on small entities, if adopted. 
Approximately 107 trawl catcher vessels participate in the BSAI 
management area groundfish fisheries. Most of these vessels are 
considered small entities. Closure of the CHSSA is unlikely because the 
PSC limit is higher than any bycatch estimate for the domestic 
fisheries. However, the CHSSA represent a large proportion of 
groundfish catch and many of these catcher vessels are likely to fish 
in these areas. Therefore, closure of the CHSSA could result in a 
significant impact on a substantial number of small entities in years 
of high chinook salmon bycatch. On the other hand, the absence of a 
mechanism to limit chinook salmon bycatch may adversely impact other 
small entities that rely on chinook salmon returns to Western Alaska 
and other areas. 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 Part 675

    Fisheries, Reporting and recordkeeping requirements.

    Dated: September 1, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For reasons set out in the preamble, 50 CFR part 675 is 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. In Sec. 675.22, paragraph (i) is added to read as follows:


Sec. 675.22  Time and area closures.

* * * * *
    (i) Chinook Salmon Savings Areas. When the Regional Director 
determines that 48,000 chinook salmon (Oncorhynchus tshawytscha) have 
been caught by vessels using trawl gear during the time period of 
January 1 through April 15 in the Bering Sea and Aleutian Islands 
management area, NMFS will prohibit fishing with trawl gear for the 
remainder of the period January 1 through April 15 within the following 
three areas:
    (1) The area defined by straight lines connecting the following 
coordinates in the order listed:

56 deg. 30' N., 171 deg. 00' W.;
56 deg. 30' N., 169 deg. 00' W.;
56 deg. 00' N., 169 deg. 00' W.;
56 deg. 00' N., 171 deg. 00' W.; and
56 deg. 30' N., 171 deg. 00'' W.

    (2) The area defined by straight lines connecting the following 
coordinates in the order listed:

54 deg. 00' N., 171 deg. 00' W.;
54 deg. 00' N., 170 deg. 00' W.;
53 deg. 00' N., 170 deg. 00' W.;
53 deg. 00' N., 171 deg. 00' W.; and
54 deg. 00' N., 171 deg. 00' W.

    (3) The area defined by straight lines connecting the following 
coordinates in the order listed:

56 deg. 00' N., 165 deg. 00' W.;
56 deg. 00' N., 164 deg. 00' W.;
55 deg. 00' N., 164 deg. 00' W.;
55 deg. 00' N., 165 deg. 00' W.;
54 deg. 30' N., 165 deg. 00' W.;
54 deg. 30' N., 167 deg. 00' W.;
55 deg. 00' N., 167 deg. 00' W.;
55 deg. 00' N., 166 deg. 00' W.;
55 deg. 30' N., 166 deg. 00' W.;
55 deg. 30' N., 165 deg. 00' W.; and
56 deg. 00' N., 165 deg. 00' W.

[FR Doc. 95-22285 Filed 9-5-95; 1:16 pm]
BILLING CODE 3510-22-W