[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Rules and Regulations]
[Pages 6953-6954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3965]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 675
[Docket No. 951128281-5281-01;I.D. 112795A]
Groundfish Fishery of the Bering Sea and Aleutian Islands Area,
Trawl Closure to Protect Red King Crab
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustment; response to comments.
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SUMMARY: NMFS responds to comments received on an inseason adjustment
[[Page 6954]]
closing a portion of the Bering Sea to all trawl vessels to protect red
king crab. NMFS published this inseason adjustment in the Federal
Register on December 11, 1995, for a 30-day comment period. No change
in the trawl closure was made as a result of the comments received.
EFFECTIVE DATE: The inseason adjustment is effective January 20, 1996,
through March 31, 1996.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION:
NMFS published an inseason adjustment in the Federal Register on
December 11, 1995 (60 FR 63451) that implemented a closure to all trawl
vessels in part of the Bristol Bay area located in the Bering Sea. The
closure area encompasses an area between 56 deg. and 57 deg. N. lat.
and between 162 deg. and 164 deg. W. long., and is intended to protect
female red king crab, in view of the declining Bristol Bay red king
crab stocks. One letter of comments on the inseason adjustment was
received within the comment period, which ended January 10, 1996, and
is summarized in the ``Response to Comments'' section, below. After
review of the comments received, NMFS determined that no change to the
inseason adjustment is warranted.
Response to comments
Comment 1: Closure of areas that experience high red king crab
bycatch rates is supported.
Response: NMFS agrees.
Comment 2: The North Pacific Fishery Management Council (Council),
NMFS, and the Alaska Department of Fish and Game (ADFG) should consider
implementing regulations that provide appropriate management tools for
controlling bycatch of crab in the crab fisheries as well as other
causes of crab mortality.
Response: The current Fishery Management Plan for the Commercial
King and Tanner Crab Fisheries (FMP) defers the right to implement
bycatch limits of other species of crab in the directed crab fisheries
to the State of Alaska. Proposals to implement crab bycatch limits in
directed crab fisheries could be addressed to the State of Alaska Board
of Fisheries and the Alaska Department of Fish and Game or proposals
could be made to the North Pacific Fishery Management Council for
amendments to the current FMP.
Comment 3: Regulations that authorize inseason adjustments at
Sec. 675.20(e) specify that the selection of inseason management
measures, including time/area closures, must be based on the least
restrictive action necessary to protect the species in need of
conservation protection and allow fisheries to continue for other
species. Therefore, the trawl closure implemented under the December
11, 1995, inseason adjustment should prohibit only bottom trawling, not
pelagic trawling, in the closed area. The seasonal timing of the
closure is supported to allow other fisheries with low bycatch of red
king crab to be prosecuted later in the year.
Response: The authority for various types of inseason adjustments
is provided in regulations at 50 CFR 675.20(e). However, the specific
regulatory authority under which the December 11, 1995, inseason
closure was promulgated (Sec. 675.20(e)(1)(iv)) does not require that
the least restrictive action be implemented. Furthermore, justification
for applying the interim closure to pelagic trawl operations is
provided in the publication of the inseason adjustment.
Comment 4: NMFS and the Council should begin to collect data and
pursue analyses of conservation benefits of red king crab bycatch
reduction measures, impacts on groundfish target fisheries that may be
affected by time/area closures, and impacts on bycatch of other species
by potentially displaced groundfish fisheries.
Response: NMFS collects a variety of fisheries data that may be
used to analyze the impacts of bycatch of groundfish and non-groundfish
species. These data were used as the basis for the analysis supporting
the inseason adjustment and are provided in the environmental
assessment/regulatory impact review/initial regulatory flexibility
analysis prepared for this action.
Dated: February 16, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-3965 Filed 2-22-96; 8:45 am]
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