[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Proposed Rules]
[Pages 48113-48118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23039]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 960830240-6240-01; I.D. 082796A]
RIN 0648-AH28


Fisheries of the Exclusive Economic Zone Off Alaska; 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: Proposed rule and supplemental proposed rule; request for 
comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 37 to 
the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area (FMP). This rule would implement trawl 
closure areas in portions of Bristol Bay, adjust the prohibited species 
catch limit for red king crab in Zone 1 of the Bering Sea, and increase 
observer coverage in specified areas related to the trawl closures. 
These measures are necessary to protect red king crab in Bristol Bay, 
which has declined to a level that presents a serious conservation 
problem for this stock. They are intended to accomplish the objectives 
of the North Pacific Fishery Management Council (Council) with respect 
to fishery management in the Bering Sea and Aleutian Islands Management 
area (BSAI).

DATES: Comments must be submitted by October 28, 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, Attn: Lori Gravel. Copies of the 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory

[[Page 48114]]

Flexibility Analysis (EA/RIR/IRFA) prepared for the proposed rule may 
be obtained from the North Pacific Fishery Management Council, 605 West 
4th Avenue, Suite 306, Anchorage, AK 99501-2252; telephone 907-271-
2809.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, 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 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 part 679.
    Bering Sea crab stocks are currently at relatively low levels based 
on 1995 NMFS bottom trawl survey data, which indicated that exploitable 
biomass of Bristol Bay red king crab is at about one-fifth record 
levels. The red king crab stock is at its lowest level since the 
fishery was closed after the first stock collapse in 1983. In 1994 and 
1995, Bristol Bay was closed to red king crab fishing because the 
number of female red king crab had declined below the threshold of 8.4 
million crab. Under the Fishery Management Plan for the Commercial King 
and Tanner Crab Fisheries in the Bering Sea and Aleutian Islands (Crab 
FMP), the commercial red king crab fishery is closed entirely when a 
red king crab stock component is at or near the threshold. In addition, 
the annual trawl surveys indicated little prospect for increased 
recruitment of mature males or females, and low female spawning 
biomass. Also, the area east of 163 deg. W. long. was closed to Tanner 
crab fishing to minimize the bycatch of female red king crab.
    In view of the declining red king crab stock and the need to 
further protect and conserve red king crab in the Bristol Bay area of 
the Bering Sea, NMFS issued an emergency rule in 1995 (60 FR 4866, 
January 25, 1995), which established and closed the Red King Crab 
Savings Area (RKCSA) to all trawling. At its September 1995 meeting, 
the Council adopted Amendment 37 to the FMP to close the RKCSA from 
January 20 to March 31 each year. In 1996, NMFS closed the RKCSA by 
inseason adjustment (60 FR 63451, December 11, 1995) from January 20 to 
March 31, 1996. Continued low abundance of crab stocks caused the 
Council to express additional concerns about opening the RKCSA and 
resulted in a recommendation at the January 1996 Council meeting for an 
extension to the 1996 inseason adjustment to close the RKCSA until June 
15, 1996 (61 FR 8889, March 6, 1996), to further protect red king crab 
during the molting and mating period.
    The Council then notified the public that it intended to revisit 
the previous action on Amendment 37 and requested staff to prepare 
additional information on potential impacts of modifying the closure 
time to 6 months or to a year-round closure. Based on information 
provided at its June 1996 meeting, the Council recommended the 
following expanded management measures under Amendment 37 to protect 
the declining stocks of red king crab in Bristol Bay:
    1. A year-round closure in the RKCSA to directed fishing for 
groundfish by vessels using non-pelagic trawl gear. A subarea of the 
RKCSA between 56 deg. and 56 deg.10 N. lat. would open if a guideline 
harvest level for Bristol Bay red king crab is established. A portion 
of the annual red king crab prohibited species catch (PSC) limit would 
be specified for the RKCSA subarea (RKCSS) that, when reached, would 
result in closure of the RKCSS to vessels fishing with non-pelagic 
trawl gear;
    2. A year-round closure to all trawling in the nearshore waters of 
Bristol Bay, with the exception that a portion of this area, between 
159 deg. and 160 deg. W. long. and between 58 deg. and 58 deg.43' N. 
lat. would remain open to trawling during the period April 1 to June 15 
each year. Existing regulations at Sec. 679.22(a) would be removed. 
These regulations authorize opening the Port Moller area of reporting 
areas 512 and 516 to fishing for Pacific cod with trawl gear; and
    3. Adjustments to the Zone 1 PSC limit for red king crab taken in 
trawl fisheries. The PSC limit would be specified annually based on the 
abundance and biomass of Bristol Bay red king crab.
    Increased observer coverage is proposed on all vessels, including 
vessels using pot, jig, and longline gear, fishing for groundfish in 
the RKCSA and on trawl vessels fishing in the seasonal open area of the 
Bristol Bay nearshore waters closure.
    Details of and justification for these measures follow:

RKCSA

    Based on NMFS' survey data, the 1994 abundance index for legal-
sized male Bristol Bay red king crab was 5.5 million crab compared to 
7.3 million in 1993. The abundance index for mature female crab 
declined from 14.2 million crab in 1993 to 7.5 million crab in 1994. 
The number of mature female red king crab is below the threshold value 
of 8.4 million crab established pursuant to the Crab FMP.
    The 1995 NMFS trawl survey indicated reduced numbers of large red 
king crab of both sexes in Bristol Bay. Additionally, the abundance of 
mature females was at or below threshold, and consequently, no fishery 
was permitted in 1995. Survey indices of abundance for juvenile males 
and small females were the highest observed in many years. These crab 
represent the cornerstone of stock rebuilding, as protection of these 
crab through maturity may result in increased spawning and recruitment 
in future years.
    Analysis of crab distribution data indicates that the RKCSA 
provides substantial habitat for red king crab. Various size-sex-
maturity groups that have been vulnerable to trawling or other 
commercial fishing gear have been found in the process of molting or in 
a soft shell condition from the last week of January through the end of 
June or sometimes later. The timing of molting for various groups 
varies considerably from year to year, which indicates the need for 
increased protection of red king crab.
    The dates adopted by the Council in September 1995 for the RKCSA 
closure (January 20-March 31) do not encompass the entire molting and 
mating period of red king crab. Additionally, unobserved impacts of 
trawling on softshell crab may impact crab rebuilding and future crab 
harvests by pot fisheries. Therefore, extended duration of the closure 
period provides for increased protection of adult red king crab and 
their habitat.
    As a result, at its June 1996 meeting, the Council recommended a 
year-round closure of the RKCSA to ensure conservation of the red king 
crab resource in the Bristol Bay area of the Bering Sea. NMFS would 
prohibit directed fishing for groundfish by vessels using trawl gear, 
other than pelagic trawl gear, in the RKCSA, that portion of the Bering 
Sea that is bounded by a straight line connecting the following 
coordinates in the order listed below:
     Latitude Longitude
    56 deg.00' N., 162 deg.00' W.
    56 deg.00' N., 164 deg.00' W.
    57 deg.00' N., 164 deg.00' W.
    57 deg.00' N., 162 deg.00' W.
    56 deg.00' N., 162 deg.00' W.
    The Council also recommended that a portion of the above-described 
area, between 56 deg.00' N. lat. and 56 deg.10' N. lat. remain open to 
non-pelagic trawling for groundfish if a guideline harvest level for 
Bristol Bay red king crab is established. The RKCSS has been

[[Page 48115]]

productive for the rock sole fishery, and an opening of the RKCSS would 
allow some of the rock sole to be harvested. From 1990 through 1994, 
the RKCSS accounted for 13 percent to 35 percent of the annual 
groundfish harvest in the rock sole fishery in Zone 1. However, the 
RKCSS also has accounted for a relatively high percentage of the Zone 1 
red king crab bycatch, ranging from 12 percent to 47 percent during the 
same period.
    If the RKCSS reopened, an amount of the annual Zone 1 red king crab 
PSC limit would be specified for the RKCSS that, when reached, would 
result in closure of the RKCSS to vessels fishing with non-pelagic 
trawl gear. The amount of the Zone 1 red king crab PSC limit specified 
for the RKCSS would be equivalent to no more than 35 percent of the 
amount of the red king crab PSC limit apportioned to the rock sole 
fishery. Trawl vessels fishing in the RKCSS would continue to accrue 
any associated king crab bycatch against the red king crab bycatch 
allowance specified for the fishery the vessel is participating in. The 
RKCSS would be closed to vessels fishing with non-pelagic trawl gear 
when either the Zone 1 red king crab bycatch limit is reached or the 
amount of the PSC limit specified for the RKCSS is reached.
    Determination of the actual amount of the Zone 1 red king crab 
bycatch limit for the RKCSS would be specified by NMFS, after 
consultation with the Council, and based on the need to optimize the 
groundfish harvest relative to red king crab bycatch.
    Further details on the high fishing effort in the RKCSA and the 
associated high bycatch of red king crab, especially in the rock sole/
other flatfish category can be found in the preamble to the 1995 
emergency rule (60 FR 4866, January 25, 1995).

Nearshore Bristol Bay Trawl Closure

    With the declining crab resource, the Council is also concerned 
about the protection of juvenile red king crab and critical rearing 
habitat. Therefore, the Council recommended in addition to the RKCSA 
closure, that all trawling be prohibited on a year-round basis in the 
nearshore waters of Bristol Bay in the area east of 162 deg. W. long., 
which essentially encompasses all of Bristol Bay. Such a closure would 
also benefit juvenile halibut, seabirds, marine mammals, and spawning 
herring stocks. The area within 3 mi (4.83 km) of shore within Bristol 
Bay has been closed to trawling year-round under state regulations (5 
AAC 39.165) since 1993.
    The area bounded by 159 deg.00' to 160 deg.00' W. long. and 
58 deg.00' to 58 deg.43' N. lat. would remain open to trawling during 
the period April 1 to June 15 each year. Harvest information indicates 
that allowing trawling in this area could yield high catches of 
flatfish and low bycatch of other species. The April 1 to June 15 time 
period is proposed to reduce bycatch rates of halibut, which move into 
the nearshore area in June. Sea ice generally prevents fishing 
operations in northern Bristol Bay before April 1.
    The trawl closure north of 58 deg.43' N. lat. is proposed to reduce 
the potential for high bycatch rates of Pacific herring, a prohibited 
species in the groundfish fisheries. Increased bycatch rates of herring 
could increase the potential for reaching trawl fishery bycatch 
allowances of herring and closure of the Herring Savings Areas under 
regulations at Sec. 679.21(e)(7)(v). Increased bycatch rates of herring 
also would precipitate public concern within Western Alaska communities 
that rely on herring stocks to support subsistence fisheries.
    The Council anticipates that the trawl closure area designed to 
protect juvenile red king crab habitat will maintain and possibly 
increase recruitment of red king crab. Young-of-the-year red king crab 
require cobble substrate or epifaunal life forms on which to settle and 
provide protection from predators. Much of this habitat is already 
protected by the Area 512 trawl closure. Additional habitat for age-0 
red king crab has been found to occur in the shallow waters (<50 m) of 
Area 508, and in the area north of 58 deg. N. lat.
    In addition to establishing the nearshore trawl closure area, the 
Council also recommended that NMFS remove regulations at 
Sec. 679.22(a)(1)(ii), (a)(2)(ii), and (a)(3) that allow trawling for 
Pacific cod in the Port Moller area. The Port Moller exemption area for 
trawl gear was established in 1987 by Amendment 10 to the FMP. These 
regulations originally provided an opportunity to fish for Pacific cod 
with trawl gear in portions of BSAI reporting areas 512 and 516, 
provided that such fishing was in compliance with a scientific data 
collection and monitoring program. A separate PSC limit of 12,000 red 
king crab applied to this area in the advent that trawl operations were 
allowed. Fisheries for Pacific cod occurred within these areas in 1986 
to 1990. Although these regulations provide the authority to open these 
areas, the authority has not been invoked since 1990.
    In light of the current status of red king crab and the fact that a 
fishery has not occurred in these areas in recent years, the Council 
recommended that these regulations be removed.
    In addition, to maintain consistency with the Council's intent for 
implementation of Amendment 1 to the Fishery Management Plan for the 
Scallop Fishery off Alaska (Scallop FMP), NMFS also proposes to amend 
regulations at Sec. 679.62(d). The Council recommended Amendment 1 to 
the Scallop FMP in June of 1995 and the final rule implementing this 
amendment was published on July 23, 1996 (61 FR 38099). Under section 
2.5.5 of the Scallop FMP, the Council intended that areas closed to 
vessels fishing for groundfish with non-pelagic trawl gear to protect 
red king crab or red king crab habitat would also be closed to scallop 
dredging to ensure protection of red king crab. Therefore, NMFS is 
proposing to amend regulations at Sec. 679.62(d), to include the RKCSA 
and the Nearshore Bristol Bay Trawl Closure area as areas that would 
also be closed to scallop dredging. Historical data indicate that 
scallop fishing has not occurred in the RKCSA and the Nearshore Bristol 
Bay Trawl Closure area; therefore, operators of scallop vessels should 
not be affected by these closures.

Observer Coverage

    All vessels, including vessels using pot, jig, and longline gear, 
that fish for groundfish in the RKCSA would be required to carry an 
observer during 100 percent of their fishing days. This provision for 
increased observer coverage also would apply to vessels using non-
pelagic trawl gear to fish for groundfish in the RKCSS when this 
subarea of the RKCSA is open to non-pelagic trawling. This increased 
observer requirement is necessary to ensure that operators of vessels 
using pelagic trawl gear adhere to the current crab performance 
standard for pelagic trawl gear set out at Sec. 679.7(c)(4) and to more 
fully monitor crab bycatch in non-pelagic trawl and other gear fishing 
operations.
    For the same reason, the Council also recommended 100 percent 
observer coverage for trawl vessels fishing for groundfish in the area 
of the Nearshore Bristol Bay Trawl Closure bounded by 159 deg. and 
160 deg. W. long. and 58 deg. and 58 deg.43' N. lat. when this area is 
open to trawling from April 1 to June 15 each year. The number of 
vessels that may be affected by the requirement for increased observer 
coverage is not known and would depend on the current level of observer 
coverage for individual vessels as well as a vessel operator's decision 
on whether to fish in the areas subject to increased observer coverage. 
However, for those vessels that would require increased observer

[[Page 48116]]

coverage, the cost per vessel per day is approximately $200.
    The term ``fishing days'' is defined at Sec. 679.2 for purposes of 
observer coverage requirements and does not include days during which a 
vessel only delivers unsorted codends to a processor. Therefore, 
catcher vessels used only for this purpose would be exempt from 
increased observer coverage requirements.
    The proposed increase in observer coverage outlined above is a 
supplement to a previous proposed rule published on August 2, 1996 (61 
FR 40353), that, if approved by NMFS, would establish 1997 observer 
coverage levels. Pending their approval, NMFS anticipates the August 2 
proposed rule will be effective prior to the effective date of 
increased observer coverage requirements proposed under this action.

Zone 1 PSC limit

    The Council adopted a modification to the 200,000 red king crab PSC 
limit currently established for Zone 1 and recommended that the PSC 
limit be annually specified based on the population indicators of 
Bristol Bay red king crab outlined as follows:
    a. When the number of mature female red king crab is equal to or 
below the threshold number of 8.4 million crab, or the effective 
spawning biomass (ESB) is less than 14.5 million lb (6,577 mt), the 
Zone 1 red king crab PSC limit would be 35,000 crabs;
    b. When the number of mature female red king crab is above 
threshold, and the ESB is equal to or greater than 14.5 million lb 
(6,577 mt) but less than 55 million lb (24,948 mt), the Zone 1 red king 
crab PSC limit would be 100,000 crab; and
    c. When the number of mature female red king crab is above 
threshold, and the ESB is equal to or greater than 55 million lb 
(24,948 mt) the Zone 1 red king crab PSC limit would be 200,000 crab.
    Crab are caught incidentally during harvest operations for 
groundfish. One objective of the FMP is to minimize the impact of BSAI 
groundfish fisheries on crab and other prohibited species while 
providing for rational and optimal use of the region's fishery 
resource. All gear types used to catch groundfish have some potential 
to catch crab incidentally, but most of the crab bycatch occurs in 
trawl fisheries.
    A PSC limit of 135,000 red king crab was established in 1987 for 
the domestic yellowfin sole/other flatfish fishery in Zone 1. This PSC 
limit was based on a negotiated agreement between crab and groundfish 
industry representatives. In 1989, the Zone 1 red king crab PSC limit 
was extended to the remaining trawl fisheries and increased to the 
current level of 200,000 crab. This PSC limit is apportioned among 
trawl fisheries during the annual specification process as fishery 
specific bycatch allowances. When a fishery attains its specified 
bycatch allowance, Zone 1 is closed to that fishery.
    The bycatch of red king crab in BSAI groundfish fisheries totaled 
48,191 in 1995, which was down significantly from a recent high of 
281,023 in 1994. Most red king crab bycatch is taken in the trawl 
fisheries (97 percent). The rock sole/flathead sole/``other flatfish'' 
fishery accounts for most of the red king crab trawl bycatch. 
Approximately 80 percent of the red king crab bycatch has been taken 
from the area encompassed by the existing crab protection Zone 1.
    The Council's proposed adjustment to the red king crab PSC limit is 
an effort to protect further the stocks of Bristol Bay red king crab by 
limiting the incidental take of this species when the stock is 
depressed. The proposed criteria for the annual specification of the 
PSC limit were developed by the BSAI Crab Plan Team, based on input 
from the Council's Scientific and Statistical Committee, and use the 
mature female crab threshold number established in the Crab FMP plus 
the effective spawning biomass annually derived by NMFS and the Alaska 
Department of Fish and Game as a basis for establishing an annual red 
king crab PSC limit.
    In addition to the above, the EA/RIR/IRFA for Amendment 37 also 
includes information on and alternatives for bycatch limits for Tanner 
and snow crab. However, the Council made no recommendations, other than 
the status quo, on bycatch limits for Tanner and snow crab at this 
time. The Council indicated that action, other than status quo, may be 
taken in September 1996. If measures are adopted at that time, they 
would proceed as a separate FMP amendment.

Economic considerations

    Estimates based on the Bering Sea simulation model indicate that 
the proposed management measures would lead to a slight decrease in the 
net benefits to the Nation over the status quo based on both the 1993 
and 1994 data. The approximately $1.1 million decrease in net benefits 
(1993 data) and $1.3 million decrease in net benefits (1994 data) 
result in approximately a 0.4 percent and a 0.5 percent decrease of the 
net benefits to the Nation under status quo from 1993 and 1994 data, 
respectively. However, given a certain level of uncertainty inherent in 
the data, and in the model procedures, these predicted changes in net 
benefits to the Nation are probably not great enough to indicate an 
actual change from the status quo.
    In general, time area closures cause shifts in groundfish fishery 
effort. With each additional bycatch restriction, options for the 
groundfish trawl fleets are reduced and these effort shifts could 
increase the bycatch of other prohibited species. To some extent, this 
situation occurred in the rock sole trawl fishery as a result of 
implementing the RKCSA in 1995 and 1996. However, these tradeoffs will 
occur with any protection closure that may be implemented.

Other proposed changes to the regulations

    NMFS proposes to correct the regulations at Sec. 679.21(e)(7)(iii) 
to remove an incorrect reference to a Zone 2 red king crab PSC limit. 
NMFS also proposes to clarify the regulations by rearranging regulatory 
text. The paragraph that closes the Chum Salmon Savings Area was 
originally placed in the Prohibited Species management section of 
regulations at Sec. 679.21. NMFS proposes to redesignate this paragraph 
from the Prohibited Species Management section at 
Sec. 679.21(e)(7)(vi)(A)(1) to Sec. 679.22(a)(10), the Closure section. 
This redesignation would simply move an existing paragraph from one 
section to another more applicable section to maintain consistency in 
the placement of closure restrictions.

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 an 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. 
Many trawl vessels and processors participating in the BSAI groundfish 
fishery could be affected by this proposed action. Potentially, scallop 
vessels could also be affected by the closure areas in this action. 
However, historical data indicate that scallop vessels have not fished 
in the closed areas; therefore, they are unlikely to be affected by 
this action. Most

[[Page 48117]]

catcher vessels harvesting groundfish off Alaska are considered small 
entities and would be affected by the trawl closure areas. The economic 
impact on small entities that would result from closures could result 
in a reduction in annual gross revenues by more than 5 percent and 
would have a significant economic impact on a substantial number of 
small entities. The 132 catcher vessels that harvested groundfish off 
Alaska in 1993 are considered small entities. That many vessels could 
be affected by the trawl closure areas and the changes to the Zone 1 
red king crab PSC limits, based on the best available information. 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 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: September 4, 1996.
N. Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq.

    2. In Sec. 679.2, definitions of the ``Nearshore Bristol Bay Trawl 
Closure Area'', the ``Red King Crab Savings Area'', and the ``Red King 
Crab Savings Subarea'' are added in alphabetical order to read as 
follows:


Sec. 679.2  Definitions.

* * * * *
    Nearshore Bristol Bay Trawl Closure Area of the BSAI (see 
Sec. 679.22(a)(9))
* * * * *
    Red King Crab Savings Area (RKCSA) of the BSAI (see 
Sec. 679.22(a)(3))
    Red King Crab Savings Subarea (RKCSS) of the BSAI (see 
Sec. 679.21(e)(3)(ii)(B))
* * * * *
    3. In Sec. 679.7, paragraph (c)(1) is removed and paragraph (c)(2) 
is redesignated as paragraph (c)(1), paragraph (c)(3) is redesignated 
as paragraph (c)(2) and paragraph (c)(4) is redesignated as paragraph 
(c)(3).
    4. In Sec. 679.21 the heading of paragraph (e)(7)(vi)(A) and 
paragraph (e)(7)(vi)(A)(2) are removed, paragraph (e)(7)(vi)(A)(2) is 
redesignated as paragraph (e)(7)(vi)(A), paragraph (e)(3)(ii)(B) is 
redesignated as paragraph (e)(3)(ii)(C), paragraphs (e)(1)(i), (e)(6), 
(e)(7)(ii), (e)(7)(iii), are revised, and paragraph (e)(3)(ii)(B) is 
added to read as follows:


Sec. 679.21  Prohibited species bycatch management.

* * * * *
    (e)* * * (1) * * * (i) Red king crab in Zone 1--The PSC limit of 
red king crab caught by trawl vessels while engaged in directed fishing 
for groundfish in Zone 1 during any fishing year will be specified 
annually by NMFS, after consultation with the Council, based on 
abundance and spawning biomass of red king crab using the criteria set 
out under paragraphs (e)(1)(i) (A) through (C) of this section.
    (A) When the number of mature female red king crab is at or below 
the threshold of 8.4 million mature crab or the effective spawning 
biomass is less than or equal to 14.5 million lb (6,577 mt), the Zone 1 
PSC limit will be 35,000 red king crab.
    (B) When the number of mature female red king crab is above the 
threshold of 8.4 million mature crab and the effective spawning biomass 
is equal to or greater than 14.5 but less than 55 million lb (24,948 
mt), the Zone 1 PSC limit will be 100,000 red king crab.
    (C) When the number of mature female red king crab is above the 
threshold of 8.4 million mature crab and the effective spawning biomass 
is equal to or greater than 55 million lb, the Zone 1 PSC limit will be 
200,000 red king crab.
* * * * *
    (3)* * * (ii) * * * (B) Red King Crab Savings Subarea (RKCSS). (1) 
The RKCSS is the portion of the RKCSA between 56 deg. 00' and 56 deg. 
10' N. lat. Notwithstanding other provisions of this part, vessels 
using non-pelagic trawl gear in the RKCSS may engage in directed 
fishing for groundfish in a given year if the ADF&G had established a 
guideline harvest level the previous year for the red king crab fishery 
in the Bristol Bay area.
    (2) When the RKCSS is open to vessels fishing for groundfish with 
non-pelagic trawl gear under paragraph (e)(3)(ii)(B)(1) of this 
section, NMFS, after consultation with the Council, will specify an 
amount of the red king crab bycatch limit annually established under 
paragraph (e)(1)(i) of this section for the RKCSS. The amount of the 
red king crab bycatch limit specified for the RKCSS will not exceed an 
amount equivalent to 35 percent of the trawl bycatch allowance 
specified for the rock sole/flathead sole/``other flatfish'' fishery 
category under this paragraph (e)(3) and will be based on the need to 
optimize the groundfish harvest relative to red king crab bycatch.
* * * * *
    (6) Notification--(i) General. NMFS will publish annually in the 
Federal Register the annual red king crab PSC limit and, if applicable, 
the amount of this PSC limit specified for the RKCSS, the proposed and 
final bycatch allowances, seasonal apportionments thereof, and the 
manner in which seasonal apportionments of nontrawl fishery bycatch 
allowances will be managed, as required under this paragraph (e).
    (ii) Public comment. Public comment will be accepted by NMFS on the 
proposed annual red king crab PSC limit and, if applicable, the amount 
of this PSC limit specified for the RKCSS, the proposed and final 
bycatch allowances, seasonal apportionments thereof, and the manner in 
which seasonal apportionments of nontrawl fishery bycatch allowances 
will be managed, for a period of 30 days from the date of publication 
in the Federal Register.
    (7) * * *
    (ii) Red king crab or C. bairdi Tanner crab, Zone 1, closure. (A) 
General. Except as provided in paragraph (e)(7)(i) of this section, if, 
during the fishing year, the Regional Director determines that U.S. 
fishing vessels participating in any of the fishery categories listed 
in paragraphs (e)(3)(iv)(B) through (F) of this section will catch the 
Zone 1 bycatch allowance, or seasonal apportionment thereof, of red 
king crab or C. bairdi Tanner crab specified for that fishery category 
under paragraph (e)(3) of this section, NMFS will publish in the 
Federal Register the closure of Zone 1, including the RKCSS, to 
directed fishing for each species and/or species group in that fishery 
category for the remainder of the year or for the remainder of the 
season.
    (B) RKCSS. If during the fishing year the Regional Director 
determines that the amount of the red king crab PSC limit that is 
specified for the RKCSS under Sec. 679.21(e)(3)(ii)(B) of this section 
will be caught, NMFS will publish in the Federal Register the closure 
of the RKCSS to directed fishing for groundfish with non-pelagic trawl 
gear for the remainder of the year.
    (iii) C. bairdi Tanner crab, Zone 2, closure. Except as provided in 
paragraph (e)(7)(i) of this section, if, during the fishing year, the 
Regional Director determines that U.S. fishing vessels participating in 
any of the fishery categories listed in paragraphs

[[Page 48118]]

(e)(3)(iv)(B) through (F) of this section will catch the Zone 2 bycatch 
allowance, or seasonal apportionment thereof, of C. bairdi Tanner crab 
specified for that fishery category under paragraph (e)(3) of this 
section, NMFS will publish in the Federal Register the closure of Zone 
2 to directed fishing for each species and/or species group in that 
fishery category for the remainder of the year or for the remainder of 
the season.
* * * * *
    5. In Sec. 679.22, paragraphs (a)(1), (a)(2), and (a)(3) are 
revised and paragraphs (a)(9) and (a)(10) are added to read as follows:


Sec. 679.22  Closures.

    (a) * * *
    (1) Zone 1 (512) closure to trawl gear. No fishing with trawl gear 
is allowed at any time in reporting Area 512 of Zone 1 in the Bering 
Sea subarea.
    (2) Zone 1 (516) closure to trawl gear. No fishing with trawl gear 
is allowed at any time in reporting Area 516 of Zone 1 in the Bering 
Sea Subarea during the period March 15 through June 15.
    (3) Red King Crab Savings Area. Directed fishing for groundfish by 
vessels using trawl gear other than pelagic trawl gear is prohibited at 
all times, except as provided at Sec. 679.21(e)(3)(ii)(B) of this 
section, in that part of the Bering Sea subarea defined by straight 
lines connecting the following coordinates, in the order listed:
    Latitude Longitude
    56 deg.00' N., 162 deg.00' W.
    56 deg.00' N., 164 deg.00' W.
    57 deg.00' N., 164 deg.00' W.
    57 deg.00' N., 162 deg.00' W.
    56 deg.00' N., 162 deg.00' W.
* * * * *
    (9) Nearshore Bristol Bay Trawl Closure. Directed fishing for 
groundfish by vessels using trawl gear in Bristol Bay, as described in 
the current edition of NOAA chart 16006, is closed at all times in the 
area east of 162 deg.00' W. long., except that the area bounded by a 
straight line connecting the following coordinates in the order listed 
below is open to trawling from 1200 hours (A.l.t.) April 1 to 1200 
hours (A.l.t) June 15 of each year:
    Latitude Longitude
    58 deg.00'N., 160 deg.00'W.
    58 deg.43'N., 160 deg.00'W.
    58 deg.43'N., 159 deg.00'W.
    58 deg.00'N., 159 deg.00'W.
    58 deg.00'N., 160 deg.00'W.
    (10) Trawling is prohibited from August 1 through August 31 in the 
Chum Salmon Savings area defined at Sec. 679.21(e)(7)(vi)(B).
* * * * *
    6. The proposed rule published at 60 FR 40380, August 2, 1996, 
proposing to amend 50 CFR part 679, is further proposed to be amended 
by adding paragraphs (c)(1)(viii) and (c)(1)(ix) to Sec. 679.50 to read 
as follows:


Sec. 679.50  Groundfish Observer Program applicable through December 
31, 1997.

* * * * *
    (c)* * *
    (1) * * *
    (viii) Red King Crab Savings Area. (A) Any catcher/processor or 
catcher vessel used to fish for groundfish in the Red King Crab Savings 
area must carry a NMFS-certified observer during 100 percent of its 
fishing days in which the vessel uses pelagic trawl gear, pot, jig, or 
longline gear.
    (B) Any catcher/processor or catcher vessel used to fish for 
groundfish in the Red King Crab Savings Subarea and subject to this 
subarea being open to vessels fishing for groundfish with non-pelagic 
trawl gear under Sec. 679.21(e)(3)(ii)(B) of this part, must carry a 
NMFS-certified observer during 100 percent of its fishing days in which 
the vessel uses non-pelagic trawl gear.
    (ix) Nearshore Bristol Bay Trawl Closure. Any catcher/processor or 
catcher vessel used to fish for groundfish in the Nearshore Bristol Bay 
Trawl Closure area must carry a NMFS-certified observer during 100 
percent of its fishing days in which the vessel uses trawl gear.
* * * * *
    7. In Sec. 679.62, paragraph (d) is revised to read as follows:


Sec. 679.62  General limitations.

* * * * *
    (d) Closed areas. It is unlawful for any person to dredge for 
scallops in any Federal waters off Alaska that are closed to fishing 
with trawl gear or non-pelagic trawl gear under
    Sec. 679.22(a)(1)(i), (a)(2)(i), (a)(3), (a)(4), (a)(6), (a)(7), 
(a)(9), and (b).
[FR Doc. 96-23039 Filed 9-9-96; 11:40 am]
BILLING CODE 3510-22-F