[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Proposed Rules]
[Pages 65635-65638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32682]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 971201282-7282-01; I.D. 102897B]
RIN 0648-AK38
Halibut Fisheries in U.S. Convention Waters Off Alaska; Fisheries
of the Exclusive Economic Zone Off Alaska; Management Measures to
Reduce Seabird Bycatch in the Hook-and-Line Halibut and Groundfish
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations that would require operators of
vessels fishing for Pacific halibut in U.S. Convention waters off
Alaska to conduct fishing operations in a specified manner and to
employ specified measures intended to reduce seabird bycatch and
incidental seabird mortality. This rule would also amend the
regulations requiring seabird bycatch avoidance measures in the hook-
and-line groundfish fisheries of the Bering Sea and Aleutian Islands
(BSAI) and the Gulf of Alaska (GOA) to clarify one of the measures. The
proposed halibut fisheries measures are intended to mitigate
interactions with the short-tailed albatross (Diomedea albatrus), an
endangered species protected under the Endangered Species Act (ESA),
and with other seabird species in fisheries in and off Alaska.
DATES: Comments must be received by January 14, 1998.
ADDRESSES: Comments should be sent to Chief, Sustainable Fisheries
Division, Alaska Region, NMFS, P.O. Box 21668,
[[Page 65636]]
Juneau, AK 99802, Attn: Lori J. Gravel, or delivered to Room 401 of the
Federal Building, 709 West 9th Street, Juneau, AK. Copies of the
Environmental Assessment/Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) prepared for the regulatory
amendment may be obtained from NMFS at the above address, or by calling
the Alaska Region, NMFS at 907-586-7228.
FOR FURTHER INFORMATION CONTACT: Kim S. Rivera, 907-586-7228.
SUPPLEMENTARY INFORMATION: The U.S. groundfish fisheries of the GOA and
the BSAI in the exclusive economic zone are managed by NMFS under the
Fishery Management Plan for Groundfish of the Gulf of Alaska and the
Fishery Management Plan for the Groundfish Fishery of the Bering Sea
and Aleutian Islands Area (FMPs). The FMPs were prepared by the North
Pacific Fishery Management Council (Council) under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 773 et seq., 1801 et
seq.; Magnuson-Stevens Act) and are 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. The
Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C. 773 et
seq., authorizes the Council to develop and NMFS to implement
regulations concerning halibut that are in addition to, and not in
conflict with, regulations adopted by the International Pacific Halibut
Commission (IPHC). Furthermore, the Magnuson-Stevens Act and the
Halibut Act authorize the Council and NMFS to make regulatory changes
that are consistent with the FMPs and that are necessary to conserve
and manage the fixed gear Pacific halibut fisheries.
Background
The issue of seabird bycatch and incidental mortality in commercial
fishing operations has been heightened in recent years. Further
information on this issue was provided in the preambles to the proposed
and final rules implementing seabird avoidance measures in the GOA and
BSAI hook-and-line groundfish fisheries (62 FR 10016, March 5, 1997; 62
FR 23176, April 29, 1997), and the EA/RIR/FRFA prepared for that
action. In addition, the United States is working with the United
Nations' Food and Agriculture Organization to conduct a technical
consultation on implementing mitigation measures to reduce seabird
bycatch in longline fisheries around the world (62 FR 42766, August 8,
1997). NMFS and the U.S. Fish & Wildlife Service (USFWS) are the U.S.
co-leaders in this effort.
Recent takes of the endangered short-tailed albatross (two in 1995
and one in 1996) in hook-and-line groundfish fisheries in the BSAI and
the GOA highlight a seabird bycatch problem. At its December 1996
meeting, the Council voted unanimously to recommend that all hook-and-
line vessels fishing for groundfish in the GOA and BSAI be required to
use certain seabird bycatch avoidance measures intended to reduce the
incidental mortality of the short-tailed albatross and other seabird
species. Furthermore, the Council recommended that these or similar
measures be implemented in the Pacific halibut fishery in U.S.
Convention waters off Alaska. Addressing a potential seabird bycatch
problem in the Pacific halibut fishery is warranted given the
similarities between the Pacific halibut fishery and the hook-and-line
groundfish fisheries. At its annual meeting in January 1997, the IPHC
reviewed and concurred with the development of seabird avoidance
measures for the Pacific halibut fishery in U.S. Convention waters off
Alaska.
A proposed rule that would implement seabird avoidance measures in
the Alaska groundfish hook-and-line fisheries was published in the
Federal Register on March 5, 1997 (62 FR 10016) and public comments
were accepted through March 20, 1997. Final regulations were published
April 29, 1997 (62 FR 23176). At its June 1997 meeting, the Council
recommended extending the seabird avoidance requirements in the Alaska
groundfish hook-and-line fisheries to the Pacific halibut fishery in
U.S. Convention waters off Alaska. The Council also recommended that
vessels less than 26 ft (7.9 m) length overall (LOA) in the Pacific
halibut fishery and in the GOA and BSAI groundfish hook-and-line
fisheries be exempt from some of the specified seabird avoidance
measures.
Proposed Seabird Bycatch Avoidance Gear and Methods in the Pacific
Halibut Fishery
The following proposed measures would apply to vessels fishing for
Pacific halibut with hook-and-line gear in U.S. Convention waters off
Alaska and are not intended to differ from measures implemented for the
GOA and BSAI groundfish fisheries.
1. All applicable hook-and-line fishing operations:
a. Must use hooks that, when baited, sink as soon as they are put
in the water. This could be accomplished by the use of weighted
groundlines and/or thawed bait;
b. If offal is discharged while gear is being set or hauled, it
must be discharged in a manner that distracts seabirds from baited
hooks, to the extent practicable. The discharge site on board a vessel
must either be aft of the hauling station or on the opposite side of
the vessel from the hauling station; and
c. Must make every reasonable effort to ensure that birds brought
aboard alive are released alive and that, wherever possible, hooks are
removed without jeopardizing the life of the bird.
2. All vessels greater than or equal to 26 ft (7.9 m) LOA and using
hook-and-line gear must employ one or more of the following seabird
avoidance measures:
a. Set gear between hours of nautical twilight (as specified in
paragraph (e)(2)(iv)(D) of this section) using only the minimum
vessel's lights necessary for safety;
b. Tow a streamer line or lines during deployment of gear to
prevent birds from taking hooks;
c. Tow a buoy, board, stick or other device during deployment of
gear at a distance appropriate to prevent birds from taking hooks.
Multiple devices may be employed; or
d. Deploy hooks underwater through a lining tube at a depth
sufficient to prevent birds from settling on hooks during deployment of
gear.
This proposed rule would also remove a regulation at 50 CFR
679.24(e)(1)(ii) that effectively exempts halibut fishermen from having
to use seabird avoidance gear and methods. When the seabird avoidance
measures were promulgated for the Alaska groundfish fisheries, halibut
fishermen were exempt until the Council and the IPHC could address this
issue in the Pacific halibut fishery. This exemption would no longer be
appropriate if NMFS approves this proposed rule.
Exemption for Operators of Small Vessels in the Pacific Halibut
Fishery and the Alaska Groundfish Hook-and-Line Fisheries
Vessels less than 26 ft (7.9 m) LOA using hook-and-line gear in the
Pacific halibut fishery and vessels less than 26 ft (7.9 m) LOA using
hook-and-line gear in the groundfish fisheries in the BSAI or GOA would
be required to comply with the above measures 1a through 1c, but would
not be required to comply with measure 2.
Relatively little scientific information is available regarding the
relationship of vessel size to seabird bycatch. One study of an
experimental hake longline fishery off South Africa noted that
[[Page 65637]]
variations in the numbers of observed seabird catches appeared to be
related, at least in part, to the extent to which birds congregate
around vessels. This, in turn, appeared to be a function of the length
of time during which offal is discarded. Smaller vessels may not
attract scavenging seabirds to as great an extent as do large vessels,
which provide a continuous supply of food. For example, smaller vessels
fishing off the southwest cape in South Africa do not attract large
numbers of scavenging birds because hauling and setting periods are
much shorter and irregular, and the offal is available to birds only
for short periods and in small quantities.
Public testimony at the Council meeting in June 1997 supported
exempting small vessels from some of the avoidance measures.
Representatives of fishing vessel associations testified that fishing
practices of vessels less than 26 ft (7.9 m) LOA did not warrant the
more extensive measures that are required under the current groundfish
regulations, primarily because such vessels typically (1) use baited
hooks that sink as soon as they enter the water; (2) use anchored
groundlines; (3) deploy snap-on gear which adds weight to the
groundline; (4) deploy gear at slow speeds, allowing the gear to sink
immediately; (5) have minimal freeboard at the stern, reducing the
exposure of baited hooks to seabirds; (6) use offal discharge in
smaller quantities and more sporadically relative to larger vessels,
thus providing less of an attraction to seabirds; and (7) fish in
nearshore areas where the likelihood of encountering the short-tailed
albatross and other pelagic seabirds is minimal. Small vessels using
snap-on gear are less likely to have a seabird bycatch problem because
of the weight of the snaps and the slow speed at which gear is
deployed, both factors that contribute to the baited hooks sinking
immediately upon gear deployment. Using snap-on gear requires
attachment of gangions manually to the groundline as it is being
deployed, so the vessel must deploy gear at slower speeds than when
using conventional gear. The vessel length criterion of 26 ft (7.9 m)
LOA was chosen because vessels of this size represent the typical skiff
fleet. In 1996, of the 2,124 vessels that made landings in the halibut
and sablefish fisheries, 328 were less than 26 ft (7.9 m) LOA (15
percent of the total number of vessels making halibut and sablefish
landings). In 1996, of the 1,847 vessels issued Federal fisheries
permits for the BSAI and GOA groundfish fisheries, 47 were less than 26
ft (7.9 m) LOA (2.5 percent of the total number of vessels issued
Federal fisheries permits in 1996).
Proposed Amendment to Clarify Offal Discharge Requirement in the
Alaska Groundfish Hook-and-Line Fisheries
The final rule promulgating seabird avoidance regulations for the
Alaska groundfish hook-and-line fisheries (62 FR 23176; April 29, 1997)
requires that any discharge of offal from a vessel must occur in a
manner that distracts seabirds, to the extent practicable, from baited
hooks while gear is being set or hauled. Public comment received after
the final rule was published indicated that some persons interpreted
the regulation to require offal discharge during the setting or hauling
of gear. This was not NMFS' intent. This proposed rule would amend
Sec. 679.24(e)(2)(ii) to state more clearly NMFS' intent that if offal
is discharged while gear is being set or hauled, it must be discharged
in a manner that distracts seabirds from baited hooks, to the extent
practicable.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS prepared an IRFA as part of the RIR that describes the impact
this proposed rule would have on small entities, if adopted. A copy of
this analysis is available from NMFS (see ADDRESSES). Based on the
analysis, it was determined that this proposed rule could have a
significant negative economic impact on a substantial number of small
entities. In 1996, 2,124 vessels landed halibut from U.S. Convention
waters off Alaska. Of these vessels, 1,935 were less than 60 ft (18.3
m) LOA. NMFS does not have data indicating how many of these vessels
are small entities, but it is reasonable to assume that most are small
entities, and that all vessels under 60 ft are small entities.
The Regulatory Flexibility Act requires that the IRFA describe
significant alternatives to the proposed rule that accomplish the
stated objectives of the applicable statutes and that minimize any
significant negative impact on small entities. Consistent with the
stated statutory objectives, the IRFA must discuss significant
alternatives to the proposed rule, such as (1) establishing different
reporting requirements for small entities that take into account the
resources available to small entities; (2) consolidating or simplifying
reporting requirements; (3) using performance rather than design
standards; and (4) allowing regulatory exemptions for small entities.
Alternatives that addressed modifying reporting requirements for small
entities were not considered by the Council or in this analysis. Such
alternatives are irrelevant to this proposed action and would not
mitigate the impacts on small entities. The proposed seabird avoidance
measures are based on performance standards rather than on design
standards, therefore alleviating a potential economic burden to small
entities. The exemption for vessels less than 26 ft (7.9 m) LOA (all
small entities) in the proposed rule would also alleviate a potential
economic burden to small entities. In 1996, of the 2,124 vessels that
made landings in the halibut and sablefish fisheries, 328 were less
than 26 ft (7.9 m) LOA (15 percent of total number of vessels making
halibut and sablefish landings). In 1996, of the 1,847 vessels that
were issued Federal fisheries permits for the BSAI and GOA groundfish
fisheries, 47 were less than 26 ft (7.9 m) LOA (2.5 percent of 1996
Federal fisheries permittees).
A variety of alternatives that would achieve this action's goal
while minimizing economic impacts were considered. To provide maximum
flexibility to participants in the fishery these alternatives are
included in the proposed rule as options from which a vessel operator
may chose in deciding how to comply with this proposed rule.
Consequently, there are no additional alternatives that would mitigate
the economic impact while achieving this action's purpose that can be
discussed in this section. The economic impacts of this proposed rule
would vary depending on which seabird avoidance measures a fisherman
employs. The cost of buoys and bird streamer lines as seabird bycatch
avoidance devices range from $50 to $250 per vessel. A lining tube is a
technology used in fisheries of other nations to deploy baited hooks
underwater to avoid birds and is offered as a possible option. NMFS
anticipates that the operators of smaller vessels (less than 60 ft
(18.3 m)) would choose an avoidance measure other than a lining tube,
which could cost as much as $35,000 per vessel. There were 189 hook-
and-line vessels equal to or greater than 60 ft (18.3 m) that made
halibut landings in 1996.
Although this action could result in economic impacts on small
entities, the status quo alternative could result in even more severe
economic impacts. Failure to establish seabird avoidance measures
proposed under this action could increase the likelihood of exceeding
the incidental take limit to be specified for the short-tailed
albatross. In that event, additional measures to
[[Page 65638]]
minimize the take of short-tailed albatross could be implemented,
ranging from those proposed in this rule to additionally more stringent
measures, including closures. The economic impacts to small entities
resulting from such measures would depend on a variety of factors,
although very significant negative impacts could be expected if the
halibut fishery were closed due to the take of short-tailed albatross
in excess of the incidental take authorized under the section 7
consultation with the USFWS.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: December 9, 1997.
Gary Matlock,
Acting 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 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.24, paragraph (e)(1)(ii) is removed, paragraphs
(e)(1)(i), (e)(2)(iv) introductory text, and (e)(2)(iv)(A) through
(e)(2)(iv)(D) are redesignated as paragraphs (e)(1), (e)(3)
introductory text, and (e)(3)(i) through (e)(3)(iv), respectively, and
redesignated paragraphs (e)(1) and (e)(3) introductory text and
paragraph (e)(2)(ii) are revised to read as follows:
Sec. 679.24 Gear limitations.
* * * * *
(e) Seabird avoidance gear and methods for hook-and-line vessels
fishing for groundfish--(1) Applicability. The operator of a vessel
that is required to obtain a Federal fisheries permit under
Sec. 679.4(b)(1) must comply with the seabird avoidance measures in
paragraphs (e)(2) and (e)(3) of this section while fishing for
groundfish with hook-and-line gear in the BSAI, in the GOA, or in
waters of the State of Alaska that are shoreward of the BSAI and the
GOA.
(2) * * *
(ii) If offal is discharged while gear is being set or hauled, it
must be discharged in a manner that distracts seabirds from baited
hooks, to the extent practicable. The discharge site on board a vessel
must be either aft of the hauling station or on the opposite side of
the vessel from the hauling station.
* * * * *
(3) For a vessel greater than or equal to 26 ft (7.9 m) LOA, the
operator of that vessel described in paragraph (e)(1) of this section
must employ one or more of the following seabird avoidance measures:
* * * * *
3. In Sec. 679.42, paragraph (b) is revised to read as follows:
Sec. 679.42 Limitations on use of QS and IFQ.
* * * * *
(b) Gear. (1) IFQ Fisheries Halibut IFQ must be used only to
harvest halibut with fishing gear authorized in Sec. 679.2. Sablefish
fixed gear IFQ must not be used to harvest sablefish with trawl gear in
any IFQ regulatory area, or with pot gear in any IFQ regulatory area of
the GOA.
(2) Seabird avoidance gear and methods. The operator of a vessel
using gear authorized at Sec. 679.2 while fishing for IFQ halibut or
hook-and-line gear while fishing for IFQ sablefish must comply with
requirements for seabird avoidance gear and methods set forth at
Sec. 679.24(e).
* * * * *
[FR Doc. 97-32682 Filed 12-12-97; 8:45 am]
BILLING CODE 3510-22-F