[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