[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Rules and Regulations]
[Pages 13839-13841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7367]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 961217360-7052-02; I.D. 112596C]
RIN 0648-AI62
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
of the Bering Sea and Aleutian Islands Area; Prohibited Species Catch
Limits for Tanner Crab
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 13840]]
ACTION: Final rule and technical amendment.
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SUMMARY: NMFS implements Amendment 41 to the Fishery Management Plan
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area
(FMP) as recommended by the North Pacific Fishery Management Council
(Council). The implementing regulations of Amendment 41 adjust the
prohibited species catch (PSC) limits for Tanner crab (Chionoecetes
bairdi) in Zones 1 and 2 of the Bering Sea and change the 1997 C.
bairdi PSC allowances for the Bering Sea and Aleutian Islands
management area (BSAI) trawl fisheries to reflect the adjustment to the
C. bairdi PSC limits. These measures are necessary to protect the C.
bairdi stock in the Bering Sea, which has declined to a level that
presents a serious conservation problem. They are intended to
accomplish the objectives of the FMP with respect to the management of
the BSAI groundfish fishery.
EFFECTIVE DATE: April 23, 1997.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for
the amendment may be obtained from the North Pacific Fishery Management
Council, Suite 306, 605 West 4th Avenue, Anchorage, AK 99501-2252;
telephone: 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Kim S. Rivera, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The U.S. groundfish fisheries of the BSAI in the exclusive economic
zone are managed by NMFS under 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 implemented
by regulations for the U.S. fisheries at 50 CFR part 679. General
regulations that also pertain to U.S. fisheries appear at subpart H of
50 CFR part 600.
Recruitment and exploitable biomass of Bering Sea C. bairdi stocks
are at relatively low levels based on recent NMFS bottom trawl survey
data. The 1995 C. bairdi season produced only 4.5 million lb (2,017 mt)
for the 196 vessels participating. This amount is the lowest catch
since the fishery reopened in 1988. Survey data from 1996 indicate that
the stock decline will continue.
The groundfish fisheries incidentally catch crab. An objective of
the FMP is to minimize the impact of groundfish fisheries on crab and
other prohibited species, while providing for rational and optimal use
of the region's fishery resources. All gear types used to catch
groundfish have some potential to catch crab incidentally, but the
large majority of crab bycatch occurs in trawl fisheries.
In June 1996, the Council formed an industry work group to review
proposed PSC limits for C. bairdi. This work group consisted of three
crab fishery representatives, three trawl fishery representatives, and
one shoreside processing representative. The group met August 29-30,
1996, and came to a consensus on PSC limits for C. bairdi crab. The
agreement negotiated by affected industry groups resulted in a proposal
for an annual specification of PSC limits for C. bairdi based on the
total abundance of C. bairdi as indicated by the most recent NMFS
bottom trawl survey.
At its September 1996 meeting, the Council endorsed the industry
work group agreement and recommended that NMFS proceed to implement a
revision to the C. bairdi PSC limits under Amendment 41 to the FMP.
NMFS published a proposed rule in the Federal Register on January
2, 1997 (62 FR 85). Public comment on the FMP amendment was invited
through January 31, 1997, and on the proposed regulations through
February 18, 1997. No comments were received.
Changes From the Proposed Rule
The final rule reflects two minor changes from the proposed rule:
minor adjustments to the C. bairdi PSC allowances for the BSAI trawl
fisheries and a technical amendment described below.
The proposed rule reflected C. bairdi PSC allowances for the BSAI
trawl fisheries that were recommended by the Council at its September
1996 meeting as part of the annual BSAI groundfish specification
process. The Council recommended minor adjustments to the C. bairdi PSC
allowances for the BSAI trawl fisheries at its December 1996 meeting.
The adjustments are to the fishery apportionments, not to the total PSC
limit. Table 7 of the final 1997 BSAI groundfish harvest specifications
(62 FR 7168, February 18, 1997) is amended to reflect the adjustments
to the C. bairdi PSC apportionments as in the proposed rule (62 FR 85,
January 2, 1997) and the minor adjustments to these fishery
apportionments as recommended by the Council at its December 1996
meeting.
Technical Amendment
A proposed regulation at Sec. 679.21(e)(1)(ii) referred to the
annual notification of PSC limits at Sec. 679.21(e)(6). Inadvertently,
revisions to paragraph (e)(6) of that section to indicate that NMFS is
to provide notification to the public of the annual C. bairdi PSC limit
were not proposed. The final rule revises the regulation at
Sec. 679.21(e)(6) to provide for public notification of the annual C.
bairdi PSC limit.
Based on the abundance of C. bairdi estimated from the 1996 NMFS
trawl survey (185 million crabs), the PSC limit for C. bairdi for 1997
is 750,000 crabs in Zone 1 and 2,100,000 crabs in Zone 2.
2. The C. bairdi PSC allowances for the BSAI trawl fisheries are
adjusted to be as follows:
Table 7.--Final 1997 Prohibited Species Bycatch Allowances for the BSAI
Trawl and Nontrawl Fisheries
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Trawl fisheries Zone 1 Zone 2
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C. bairdi Tanner crab, number of
animals:
Yellowfin sole.......................... 276,316 1,071,000
Rocksole/flathead sole/otherflat........ 296,052 357,000
Turbot/arrowtooth/sablefish............. 0 0
Rockfish................................ 0 7,000
Pacific cod............................. 133,224 195,000
Pollock/Atka mackerel/other............. 44,408 470,000
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Total............................. 750,000 2,100,000
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[[Page 13841]]
Classification
The Regional Administrator determined that Amendment 41 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.
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
The Council prepared an FRFA as part of the RIR, which describes
the impact this rule would have on small entities. Many trawl vessels
and processors participating in the BSAI groundfish fishery could be
affected by this action. Most catcher vessels harvesting groundfish off
Alaska are considered small entities and would be affected by the
reduced C. bairdi PSC limits. The 132 trawl catcher vessels that
harvested BSAI groundfish in 1993 are considered small entities.
Reduced PSC limits could reduce annual gross revenues by more than 5
percent. NMFS has taken steps to minimize economic impacts on small
entities by structuring the annual specification process of the PSC C.
bairdi limit to be responsive to the total C. bairdi abundance as
estimated annually. Alternative 1, the status quo, was rejected as more
burdensome on small entities because status quo bycatch limits for C.
bairdi established for Bering Sea fisheries may be too high given
current status of crab stocks, and bycatch may impact crab rebuilding
and future crab harvests by pot fisheries. Alternative 2 was rejected
because the major assumption regarding assessment of impacts for
Alternative 2 is that crab stock abundance will remain relatively
stable, or that the trawl fishery will adapt to changes in crab
abundance. If crab stocks continue to decline, bycatch will account for
a higher proportion of the total annual mortality.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: March 17, 1997.
Rolland A. Schmitten,
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 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq.
2. In Sec. 679.21, paragraph (e)(1)(iii) is removed, paragraphs
(e)(1)(iv) through (vii) are redesignated as paragraphs (e)(1)(iii)
through (vi), respectively, and paragraphs (e)(1)(ii) and (e)(6) are
revised to read as follows:
Sec. 679.21 Prohibited species bycatch management.
* * * * *
(e) * * * (1) * * *
(ii) Tanner crab (C. bairdi). The PSC limit of C. bairdi crabs
caught by trawl vessels while engaged in directed fishing for
groundfish in Zones 1 and 2 during any fishing year will be specified
annually by NMFS under paragraph (e)(6) of this section, based on total
abundance of C. bairdi crabs as indicated by the NMFS annual bottom
trawl survey, using the criteria set out under paragraphs (e)(1)(ii)(A)
and (B) of this section.
(A) Zone 1. When the total abundance of C. bairdi crabs is:
(1) 150 million animals or less, the PSC limit will be 0.5 percent
of the total abundance.
(2) Over 150 million to 270 million animals, the PSC limit will be
750,000 animals.
(3) Over 270 million to 400 million animals, the PSC limit will be
850,000 animals.
(4) Over 400 million animals, the PSC limit will be 1,000,000
animals.
(B) Zone 2. When the total abundance of C. bairdi crabs is:
(1) 175 million animals or less, the PSC limit will be 1.2 percent
of the total abundance.
(2) Over 175 million to 290 million animals, the PSC limit will be
2,100,000 animals.
(3) Over 290 million to 400 million animals, the PSC limit will be
2,550,000 animals.
(4) Over 400 million animals, the PSC limit will be 3,000,000
animals.
* * * * *
(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
annual C. bairdi PSC limit, 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 annual C. bairdi PSC
limit, 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.
* * * * *
[FR Doc. 97-7367 Filed 3-21-97; 8:45 am]
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