[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)]
[Rules and Regulations]
[Pages 65985-65989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31850]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 9608-30240-6338-02; 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: Final rule.

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SUMMARY: NMFS implements Amendment 37 to the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
(FMP). The implementing regulations for Amendment 37 close portions of 
Bristol Bay, make adjustments to 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 the red king crab stocks in Bristol 
Bay, which have declined to a level that presents a serious 
conservation problem for this stock. They are intended to accomplish 
the objectives of the FMP.

EFFECTIVE DATE: January 1, 1997.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for 
this rule may be obtained from the North Pacific Fishery Management 
Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501-2252; 
telephone 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by U.S. vessels in the exclusive economic 
zone of the Bering Sea and Aleutian Islands Area (BSAI) is managed by 
NMFS according to the FMP. The FMP was prepared by the Council under 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801, et seq.; Magnuson-Stevens Act), and is

[[Page 65986]]

implemented by regulations governing the U.S. groundfish fisheries at 
50 CFR part 679.
    Bering Sea crab stocks are currently at relatively low abundance 
levels, based on recent NMFS bottom trawl survey data. In 1994 and 
1995, the Alaska Department of Fish and Game (ADF&G) closed Bristol Bay 
to red king crab fishing, because the number of female red king crab 
had declined below the threshold of 8.4 million crab. The ADF&G has 
authorized a Bristol Bay red king crab fishery in 1996 but at a 
significantly reduced guideline harvest level.
    At its June 1996 meeting, the Council adopted several management 
measures to further protect and conserve red king crab in the Bristol 
Bay area of the Bering Sea in view of the declining abundance of red 
king crab.
    NMFS published a proposed rule in the Federal Register on September 
12, 1996 (61 FR 48113). Public comment was invited through October 28, 
1996. Eight comments were received and are summarized and responded to 
below in the Response to Comments section. After considering the public 
comments received, NMFS is implementing the following management 
measures, which are unchanged from the proposed rule:
    1. Prohibit directed fishing for groundfish by vessels using trawl 
gear, other than pelagic trawl gear, in the Red King Crab Savings Area 
(RKCSA), that portion of the Bering Sea that is bounded by a straight 
line 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.                        
                                                                        

    A subsection of the above-described area, between 56 deg.00' N. and 
56 deg.10' N., will remain open to nonpelagic trawling for groundfish 
during the years in which a guideline harvest level for Bristol Bay red 
king crab is established. This subarea has been productive for the rock 
sole fishery, and an opening in this subarea would allow some of the 
rock sole to be harvested. A separate red king crab prohibited species 
catch limit is established for this open area and is calculated as no 
more than 35 percent of the red king crab PSC limit apportioned to the 
rock sole fishery.
    2. A year-round closure to all trawling in the nearshore waters of 
Bristol Bay east of 162 deg. W. long., 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. will be left open to trawling 
during the period April 1 to June 15 each year.
    3. Increased observer coverage on all vessels, including vessels 
using pot 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.
    4. Adjustments to the Zone 1 PSC limit for red king crab taken in 
trawl fisheries. The PSC limits will vary based on the abundance and 
biomass of Bristol Bay red king crab as follows:
    a. When the number of mature female red king crabs is at or below 
the threshold number of 8.4 million mature crabs or the effective 
spawning biomass (ESB) is less than or equal to 14.5 million lb (6,577 
metric tons (mt)), the Zone 1 PSC limit will be 35,000 red king crabs;
    b. When the number of mature female red king crabs is above the 
threshold of 8.4 million mature crab and the ESB is greater than 14.5 
million lb (6,577 mt) but less than 55 million lb (24,948 mt), the Zone 
1 PSC limit will be 100,000 red king crabs; and
    c. When the number of mature female red king crabs is above the 
threshold of 8.4 million mature crabs and the ESB is equal to or 
greater than 55 million lb (24,948 mt), the Zone 1 PSC limit will be 
200,000 red king crabs.
    NMFS also rescinds regulations that provide the authority to open 
the Port Moller area of Bering Sea reporting areas 512 and 516 to 
fishing for Pacific cod with trawl gear.
    Details of and justification for these measures can be found in the 
preamble to the proposed rule.

Response to Comments

    Comment 1: The measures implemented by Amendment 37 are supported, 
because they will reduce disturbance of invertebrates and reduce catch 
of forage species. Impacts of trawling in these proposed closure areas 
likely would affect future crab harvests through reductions in stock. 
The proposed management measures will provide increased protection of 
crab habitat.
    Response: NMFS agrees.
    Comment 2: Closure of the RKCSA is supported, except that the 
Council failed to justify the need to close the northwest corner of the 
RKCSA and failed to consider the implications of a shift in fishing 
effort out of the northwest corner. Observer data support allowing 
trawling for yellowfin sole in the northwest corner of the RKCSA.
    Response: The northwest corner of the RKCSA was not analyzed as a 
separate alternative in the EA/RIR/IRFA for Amendment 37. However, data 
from the analysis show that, in 1992 and 1993, essentially all of the 
red king crab taken by the yellowfin sole fishery in the RKCSA were 
taken in the northwestern corner of the RKCSA and virtually no red king 
crab were taken in the rest of the RKCSA. These data indicate that 
yellowfin sole vessels, if allowed to operate in the northwestern 
corner of the RKCSA, could take a significant amount of red king crab. 
Potential shifts in the take of prohibited species, other than those 
that the closure is designed to protect, are considered when deciding 
to close a sensitive area.
    Comment 3: The requirement for increased observer coverage is 
supported, but the Council and NMFS should consider increased observer 
coverage on the Pacific cod pot fleet operating in portions of the 
RKCSA.
    Response: The proposed rule already would require all vessels, 
including vessels using pot, jig, and longline gear, that fish for 
groundfish in the RKCSA, to carry an observer during 100 percent of 
their fishing days.
    Comment 4: No biological basis exists for setting the red king crab 
bycatch limits as proposed under Amendment 37. The limit of 100,000 
animals as the intermediate in the ``stair-step'' is not enough to be 
practical or to achieve optimum yield from groundfish when red king 
crab rebuilding occurs. The proposed red king crab bycatch limit should 
not be approved. Instead, either a floating limit, a limit indexed to 
adults, or more levels in the ``stair-step'' approach should be 
implemented.
    Response: The Crab Plan Team recommended a bycatch limit based on 
an abundance index of female red king crab. However, difficulties exist 
in establishing a proper index for setting the bycatch limits. A 
constant limit does not take into account the size differences that 
occur in the crab bycatch. However, a bycatch limit based on adult 
equivalents is not possible at this time, given the current methods for 
inseason data collection on crab bycatch. Neither procedures nor 
systems currently exist to estimate the number of crabs of a given 
length on a real-time basis. Observers collect red king crab length 
information, but this information is not available until the observers 
are debriefed, some time after the fishery has already occurred. This 
information may become available in a more timely way as real-time 
electronic reporting of inseason data is implemented. The Council's 
Scientific and Statistical Committee commented that continuous and 
stepwise approaches to bycatch limits both present implementation 
difficulties. If bycatch limits are indexed to estimated crab 
population abundance

[[Page 65987]]

they would be subject to substantial annual variation. Smoothing 
algorithms, such as moving averages, may stabilize the index and, 
consequently, the limit. Step-wise limits can result in large changes 
at the boundaries between steps. Continuously adjustable limits avoid 
this problem but may result in excessively low or high limits at the 
extremes of crab population abundance. The addition of floor and 
ceiling rates to the floating limits could help resolve this 
deficiency. After consideration of these comments the Council 
recommended a ``stair-step'' approach to setting the bycatch limit.
    Comment 5: Support exists for the measure to close the area of 
Northern Bristol Bay east of 162 deg. W. long. to trawling, leaving 
open the subarea between 58 deg. and 58 deg.43' N. lat., which is a 
productive yellowfin sole fishing ground.
    Response: NMFS agrees that this section of Bristol Bay can be left 
open to allow trawlers access to productive fishing grounds without 
risking harm to red king crab stocks.
    Comment 6: No clear evidence exists that trawling is creating or 
substantially contributing to the ``depressed'' state of crab stocks or 
that trawling causes mortality of seabirds and marine mammals. No 
conclusive evidence exists that crab, seabirds, or marine mammals will 
benefit from these closures.
    Response: The direct effects of trawling on crab or other marine 
species are difficult to quantify. However, the closure areas contain 
concentrations of reproductive animals and are significant juvenile 
crab habitat. In light of the decline in the crab stocks and the high 
bycatch in these areas, the Council and NMFS are acting conservatively 
to limit the potential for impact on crab or other marine resources by 
trawling. The bycatch of crab during trawling in sensitive areas likely 
negatively affects the crab stocks. To the extent that seabirds and 
marine mammals occur in the proposed closed areas, potential negative 
interactions with trawl operations would be avoided by restricting 
trawling activities.
    Comment 7: The EA/RIR/IRFA estimates a net loss to the Nation and 
indicates that the management measures may have a negative impact on 
small entities.
    Response: As stated in the EA/RIR/IRFA and in the preamble to the 
proposed rule, estimates of the impact of these measures, based on the 
Bering Sea simulation model, indicate that these management measures 
would lead to a decrease in net benefits of 0.4 and 0.5 percent from 
1993 and 1994 data, respectively. Given a certain level of uncertainty 
inherent in the data and in the model procedures, these predicted 
changes in net benefits are probably not great enough to indicate an 
actual change from the status quo.
    The analysis indicates that a significant effect on a substantial 
number of small entities could occur through displacement from the 
closed areas. However, under the measures implemented by Amendment 37, 
the portion of the RKCSA between 56 deg. and 56 deg.10' N. lat. would 
be open when a guideline harvest level of red king crab is established. 
The Council also retained an open area in northern Bristol Bay. The 
open areas allow the trawl fleet continued access to some productive 
fishing grounds while protecting the vulnerable red king crab resource.
    Comment 8: The U.S. Coast Guard could support and enforce these 
management measures; however, a closure to all trawling instead of just 
nonpelagic trawling is easier to enforce and during enforcement is less 
burdensome to the industry.
    Response: A closure to all trawling could be easier to enforce. 
However, by limiting the closure to nonpelagic gear, which is most 
likely to impact the crab resource, some relief to the trawl fleet 
could be provided for those vessels that use pelagic gear.

Classification

    The Administrator, Alaska Region, NMFS, determined that Amendment 
37 is necessary for the conservation and management of the BSAI 
fisheries and that it is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    The Council prepared an FRFA as part of the RIR, which describes 
the impact this rule would have on small entities. There were 132 trawl 
catcher vessels that landed groundfish from the BSAI in 1993, which 
would be considered small entities. Many of these vessels would be 
effected by the time/area closures and PSC limits implemented under 
this amendment. The economic impact of these measures could result in a 
reduction in annual gross revenues by more than 5 percent. The analysis 
indicates that a significant effect could occur through displacement of 
fishing effort from the closed areas to other areas, which could 
increase the incidental catch of Pacific halibut, a prohibited species. 
The no action alternative for BSAI red king crab was rejected because 
of the need to protect the stock due to low abundance of adult crabs 
and low recruitment. The alternative of red king crab PSC limits based 
on abundance of red king crab at three levels was preferred because it 
accommodated a wide range of possible numbers of crabs while avoiding 
excessively high or low PSC limits at extremes of crab population 
abundance. The amendment would allow a portion of the RKCSA to be 
opened to trawl fishing when increased abundance of red king crabs 
allows a red king crab directed fishery. Also the measures retain an 
open area for trawl fishing in northern Bristol Bay. These open areas 
will minimize the impact of crab protection measures on small entities. 
No action was taken on Tanner crab and snow crab in this rule as the 
Council is addressing protection of these crab stocks as future 
actions.
    This 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: December 10, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 679 is 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 ``Nearshore Bristol Bay Trawl 
Closure Area'', ``Red King Crab Savings Area'', 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))
* * * * *


Sec. 679.7  [Amended]

    3. In Sec. 679.7, paragraph (c)(1) is removed and paragraphs 
(c)(2), (c)(3), and (c)(4) are redesignated as paragraphs (c)(1), 
(c)(2), and (c)(3), respectively.
    4. In Sec. 679.21, paragraph (e)(7)(vi)(A) heading, and paragraph 
(e)(7)(vi)(A)(1) are removed, paragraph (e)(7)(vi)(A)(2)

[[Page 65988]]

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), and (e)(7)(iii) are revised, and a new 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 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 
nonpelagic trawl gear under (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 nonpelagic 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 Administrator 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 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) through (a)(3) are revised and 
paragraphs (a)(9) and (a)(10) are added to read as follows:


Sec. 679.22  Closures.

    (a) BSAI--(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), 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.                        
                                                                        


[[Page 65989]]

    (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. In Sec. 679.50, paragraphs (c)(1)(viii) and (c)(1)(ix) are added 
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 an 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), must carry an 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 an 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. 96-31850 Filed 12-13-96; 8:45 am]
BILLING CODE 3510-22-W