[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Rules and Regulations]
[Pages 49076-49077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23852]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration (NOAA)

50 CFR Part 679

[Docket No. 960703187-6253-02; I.D. 062096B]
RIN 0648-AI96


Fisheries of the Exclusive Economic Zone Off Alaska; Allow 
Longline Pot Gear

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to allow the use of longline pot gear 
by vessels engaged in directed fishing for sablefish in the Bering Sea 
subarea (BS). Sablefish hook-and-line fishermen in the BS have faced 
increasing predation of hooked sablefish by killer whales. The use of 
longline pot gear will effectively prevent such predation. This action 
is necessary to protect Bering Sea sablefish harvests and is intended 
to resolve a conflict between fishermen and a species protected under 
the Marine Mammal Protection Act of 1972 (MMPA).

EFFECTIVE DATE: September 12, 1996.

ADDRESSES: Copies of the final rule and the Environmental Assessment/
Regulatory Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/
FRFA) for this action may be obtained from Fisheries Management 
Division, Attn: Lori Gravel, Alaska Region, NMFS, Room 453, 709 West 
9th Street, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802.

FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) according to the Fishery Management Plan for the 
Groundfish Fishery in the Bering Sea and Aleutian Islands Area (FMP). 
The FMP was prepared by the North Pacific Fishery Management Council 
(Council) and approved by NMFS under the authority of the Magnuson 
Fishery Conservation and Management Act. This FMP, implemented by 
regulations at 50 CFR parts 600 and 679, authorizes changes to gear 
restrictions without amendment to the FMP. The regulations at 
Sec. 679.24 specify gear types that may be employed to harvest 
sablefish in the BS. Killer whales (Orcinus orca) are protected under 
the MMPA, which prohibits harassment of marine mammals and authorizes 
the Secretary of Commerce to consult with and assist regional fishery 
management councils to reduce takings of marine mammals incidental to 
commercial fishing operations.
    BS sablefish quotas have been underharvested due in part to killer 
whale predation of hooked sablefish. Such predation causes conservation 
and economic concerns that can be resolved by allowing longline pot 
gear in this fishery. Further information on the history of and need 
for this action may be found in the preamble to the proposed rule 
published on July 16, 1996 (61 FR 37041).
    One change has been made in the final rule from the proposed rule. 
At proposed Sec. 679.24(c)(4)(i), the term ``pot'' may seem ambiguous; 
therefore, the sentence is revised to refer to ``longline pot'' and 
``pot-and-line'' gear, which are terms defined in Sec. 679.2, 
Definitions.

Comments on the Proposed Rule

    Comment: NMFS received one letter of comment on this action. The 
comment supports the implementation of this change as improving the 
ability of fishermen to harvest sablefish more economically and 
efficiently. The comment also requests that the 30-day delayed 
effectiveness period be waived to provide fishermen more opportunity to 
take advantage of this action during the current Individual Fishing 
Quota (IFQ) season.
    Response: NMFS concurs that this action will improve the efficiency 
and profitability of the BS sablefish fishery. NMFS notes the 
commenter's desire for expeditious implementation of this regulatory 
change.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    Because this final rule allows fishermen in the BS sablefish 
fishery the option of using longline pot gear to protect harvests from 
killer whale predation, it relieves a restriction. Thus, under 5 U.S.C. 
553(d)(1) it is not subject to a delay in effective date.
    The Council prepared an Initial Regulatory Flexibility Analysis 
(IRFA), supplemented by a FRFA prepared by NMFS. These documents 
provide a statement of the need for and objectives of the rule, which 
is also summarized in this preamble. In 1996, 140 persons were issued 
sablefish quota shares in the BS and may be affected by this rule. It 
is designed to relieve a restriction that negatively affects the 
ability of IFQ fishermen to harvest their full sablefish quotas. By 
protecting those harvests from killer whale predation, the rule is 
expected to have a positive economic impact on small entities.
    Alternative 1 of the IRFA/FRFA (the status quo) was rejected in 
favor of Alternative 2, because Alternative 2 alone would reduce killer 
whale interactions with the fishery by allowing hook-and-line fishermen 
to switch to longline pot gear. Although switching from hook-and-line 
gear to longline pots would have direct costs, fishermen are expected 
to evaluate the balance of costs involved in switching gears with the 
profits of greater harvests obtained in the absence of killer whale 
predation. The preferred alternative also mitigates possible 
disadvantages to fishermen whose vessels may be unable to carry 
longline pot gear by establishing a 1-month closure to longline pot 
gear. During that time, hook-and-line fishermen will be able to fish 
without gear conflicts with longline pot gear or grounds preemption.
    The Administrator, Alaska Region, NMFS, determined that fishing 
activities conducted under this rule will have no adverse impacts on 
marine mammals. The express purpose of this rule is to reduce the 
interactions of commercial fisheries in the BS with killer whales.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements

    Dated: September 12, 1996.
Gary Matlock,
Acting Deputy Assistant Administrator, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 679 is amended 
to read as follows:

[[Page 49077]]

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. 679.24, paragraphs (b)(1)(iii) and (c)(4) are revised to 
read as follows:


Sec. 679.24  Gear limitations.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Longline pot gear. Any person using longline pot gear must 
treat any catch of groundfish as a prohibited species, except:
    (A) In the Aleutian Islands subarea.
    (B) While directed fishing for sablefish in the Bering Sea subarea, 
except as provided in paragraph (c)(4)(ii) of this section.
* * * * *
    (c) * * *
    (4) BSAI. (i) Operators of vessels using gear types other than 
hook-and-line, longline pot, pot-and-line, or trawl gear in the BSAI 
must treat sablefish as a prohibited species as provided by 
Sec. 679.21(b).
    (ii) Longline pot gear is prohibited in directed fishing for 
sablefish from 0001 hrs, A.l.t., on June 1 until 1200 hrs, A.l.t., on 
June 30.
* * * * *
[FR Doc. 96-23852 Filed 9-12-96; 5:04 pm]
BILLING CODE 3510-22-F