[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Pages 8889-8890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5227]



-----------------------------------------------------------------------


DEPARTMENT OF COMMERCE
50 CFR Part 675

[Docket No. 960129019-6019-01; I.D. 022996A]


Groundfish 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; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS has determined that an interim closure to all trawling is 
necessary in a part of the Bristol Bay area of the Bering Sea and 
Aleutians Islands (BSAI) management area. Results of the 1995 bottom 
trawl survey conducted by NMFS in Bristol Bay indicate that the red 
king crab stock in Bristol Bay continues to be severely depressed. NMFS 
anticipates that the condition of this stock could worsen if vessels 
fishing for groundfish with trawl gear were allowed to conduct 
operations in a particular part of Bristol Bay that is important to red 
king crab during a period after they have molted and are in a softshell 
condition. NMFS is closing part of Bristol Bay to trawling for 
groundfish for purposes of protecting red king crab from anticipated 
adverse impacts due to trawl operations. This measure is necessary to 
respond to the continued decline of red king crab stocks in the BSAI 
management area. It is intended to accomplish the objectives of the 
North Pacific Fishery Management Council (Council) with respect to 
management of red king crab stocks.

DATES: Effective April 1, 1996, through June 15, 1996. Comments must be 
submitted by April 5, 1996.

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.

FOR FURTHER INFORMATION CONTACT: Ronald J. Berg, 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 for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area (FMP). 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.
    High rates of prohibited species bycatch may warrant inseason 
adjustment to close an area to fishing for groundfish. Authority for 
interim closures of a specific area is contained in regulations at 
Sec. 675.20(e). This inseason adjustment prohibits fishing for 
groundfish by operators of vessels using trawl gear from April 1, 1996, 
through June 15, 1996, in that portion of the Bering Sea that is 
bounded by straight lines connecting the following coordinates in the 
order listed below.


Latitude                             Longitude                          
                                                                        
56 deg.00' N.;                       163 deg.00' W.;                    
56 deg.00' N.;                       164 deg.00' W.;                    
57 deg.00' N.;                       164 deg.00' W.;                    
57 deg.00' N.;                       163 deg.00' W.; and                
56 deg.00' N.;                       163 deg.00' W.                     
                                                                        


    This action is necessary to protect depressed stocks of red king 
crab from being taken by the groundfish trawl fisheries during a period 
when the crab are in a softshell condition and are particularly 
vulnerable to injury. Further reasons for the inseason adjustment under 
Sec. 675.20(e)(1)(iv) follow.
    Results of the 1995 NMFS-conducted bottom-trawl survey in Bristol 
Bay indicate that the total population of red king crab continues to be 
at low levels. Although the number of legal male red king crab was 6.3 
million, which represents a 15 percent increase from 1994, the number 
of pre-recruits was 5.4 million, which represents an 11 percent 
decrease from 1994. The number of large female crab was 8.0 million, 
which is 400,000 fewer than the number considered to be the 
``threshold'' in the FMP for the Commercial King and Tanner Crab 
Fisheries of the Bering Sea and Aleutian Islands (crab FMP). Under the 
crab FMP, the Acceptable Biological Catch in the directed red king crab 
fishery is defined as zero when the female red king crab stock is at or 
below threshold. Accordingly, the Alaska Department of Fish and Game 
(ADF&G) closed the directed red king crab fishery in 1995.
    Likewise, because NMFS survey results in 1994 also indicated that 
the number of female red king crab was below threshold, ADF&G closed 
the red king crab fishery in 1994. Due to the 1994 and 1995 closures of 
the red king crab fishery in Bristol Bay, ADF&G closed the area east of 
163 deg. W. longitude to Chionoecetes bairdi Tanner crab fishing for 
both years to reduce incidental mortality of red king crab in this 
area.
    The Council responded to the 1994 results by recommending that NMFS 
close by emergency rule an area between 56 deg. and 57 deg. N. lat. and 
162 deg. and 164 deg. W. long. to trawling during the rock sole roe 
fishery. NMFS implemented that emergency rule (60 FR 4866, January 25, 
1995), and it remained in effect from January 20 through April 25, 
1995. At that time, the Council directed its staff to analyze 
alternative closure areas that could be implemented permanently under 
an FMP amendment to provide long-term protection to Bristol Bay red 
king crab.
    At its September 1995 meeting, the Council recommended 
implementation of proposed Amendment 37 to the FMP, an action similar 
to the emergency rule. This includes a closure of the Red King Crab 
Savings Area to vessels using non-pelagic trawl gear as well as an 
increase in observer coverage. NMFS has not yet received that amendment 
from the Council for review under Section 304 of the Magnuson Act.
    On January 20, 1996, NMFS implemented an inseason adjustment (60 FR 
63451, December 11, 1995) under its authority at 50 CFR 675.20(e) to 
close the above-described area through March 31, 1996. The purpose of 
this action was to protect female red king crab during a time when the 
trawl fishery for rock sole was ongoing.
    On January 30, 1996, the Council met jointly with the Alaska Board 
of Fisheries (BOF) and reviewed the best available scientific 
information about the status of red king crab and the potential 
effectiveness of measures that have been taken to protect red king 
crab.

[[Page 8890]]

The Council and BOF were especially concerned about potential adverse 
impacts of trawl operations on red king crab during a period when crab 
are in a softshell condition. This condition occurs during the months 
of January through mid-June when crab molt and then mate. When in this 
softshell condition, red king crab could be damaged by physical impacts 
of the bottom trawl itself or by additional handling when they are 
caught in a trawl, brought aboard a vessel, sorted, and eventually 
returned to the sea. The Council also received agency reports 
summarizing the result of the 1995 NMFS trawl survey, which provided 
the aforementioned status of red king crab.
    The Council and BOF heard testimony about existing management 
measures, including the aforementioned inseason adjustment that will be 
in effect through March 31, which are intended to protect red king crab 
in the management area. These measures include a year round closure of 
Federal Statistical Srea 512 to trawling, and a closure of Federal 
Statistical Area 516 from March 15 through June 15 to protect red king 
crab during their molting and mating period. An analysis of data from 
the NMFS-conducted trawl surveys in 1993, 1994, and 1995 indicates that 
a substantial proportion (19 percent) of mature male crab are located 
in part of Federal Statistical Area 516. This analysis also indicates 
that another substantial proportion (21 percent) of male red king crab 
is located between the same latitudes immediately to the west between 
163 deg. W. and 164 deg. W. long. Without further regulatory action, 
the area west of Statistical Area 516 would open to trawling once the 
aforementioned inseason adjustment expires on March 31, 1996, which 
could aggravate the depressed condition of red king crab during the 
period when they are in a softshell condition.
    On February 2, 1996, after reviewing new information obtained 
during its January 30 meeting with the BOF and additional information 
from the public as well as NMFS and ADF&G testimony, the Council 
recommended that an emergency rule be implemented to close an area in 
part of Bristol Bay to fishing by vessels using trawl gear through June 
15, 1996. The particular area is located between 163 deg. and 164 deg. 
W. long. and 56 deg. N. and 57 deg. N. lat. This area is to the west 
of, and immediately adjacent to, Statistical Area 516, which is closed 
under existing regulations from March 15 through June 15. A closure of 
the additional area to the west through June 15 would provide necessary 
protection for red king crab during the period they are in a softshell 
condition and are particularly susceptible to fishing mortality.
    The Council intends to review current management regimes that 
govern groundfish fishing to determine whether the protection measures 
afforded red king crab and other crab species managed under the crab 
FMP are adequate or should be changed to respond to new information 
concerning both the groundfish and crab fisheries. NMFS anticipates 
that the Council will recommend potential regulatory changes in the 
near future.
    The Council's emergency rule recommendation is intended to avoid 
significant direct economic loss to fishermen who might otherwise 
benefit in the future as red king crab stocks rebuild to harvestable 
levels. Public testimony at the Council's January 1996 meeting, 
indicated that the groundfish trawl fishing industry was concerned 
about not being able to trawl for yellowfin sole in the closed area, 
should yellowfin sole be present during the month of April in schooling 
concentrations as they migrate to more northerly locations in Bristol 
Bay. Industry members indicated that the amount of time required to 
complete a tow with trawl gear may be about a \1/2\ hour compared to 
more than 2 hours when yellowfin school stocks are not concentrated. If 
these vessel operators are not allowed to operate in the closed area, 
their operating costs (including fuel and crew time) could increase as 
they fish at lower catch rates where yellowfin sole stocks are not 
concentrated.
    NMFS does not have information to quantify what these increased 
costs might be, because vessels' operating costs differ. NMFS notes 
that the locations of the migrating yellowfin sole might even be 
outside the closed area where they could still be targeted by 
participating vessels. The actual costs would depend on the ability of 
these vessel operators to achieve their harvest goals, which will 
depend on market conditions, catch rates, and possibly premature 
closures resulting from other regulations.
    NMFS anticipates that large numbers of red king crab could be 
adversely impacted in this area by trawl operations during their 
softshell period. Therefore, NMFS has determined that a closure to 
trawling in the area described above is necessary to protect red king 
crab through June 15 while they are in a softshell condition. 
Notwithstanding the Council's recommendation that NMFS implement this 
closure by emergency rule, NMFS is implementing it under the inseason 
adjustment authority at Sec. 675.20(e). Inseason adjustments are 
authorized for a period of 60 days, which would be less than the 
Council's intended closure period. Regulations at Sec. 675.20(e)(6) 
authorize closures beyond 60 days if warranted by available data. The 
available scientific information indicates that the relative 
distribution and abundance of red king crab in the closure area is 
high. The Director, Alaska Region, NMFS has determined that this 
interim closure is based on the best available scientific information 
concerning the seasonal distribution and abundance of red king crab and 
the bycatch rates of red king crab associated with groundfish trawl 
fisheries.

Classification

    This action is taken under Sec. 672.20(e) and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 1, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-5227 Filed 3-1-96; 2:35 pm]
BILLING CODE 3510-22-P