[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Notices]
[Pages 44423-44425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22245]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 081198A]


Fisheries of the Exclusive Economic Zone off Alaska; Groundfish 
of the Gulf of Alaska; Experimental Fishing Permit

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

ACTION: Issuance of an experimental fishing permit.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the issuance of an experimental fishing permit 
98-01 (EFP) to the Groundfish Forum. The EFP authorizes the Groundfish 
Forum to conduct an experiment in the Gulf of Alaska (GOA) that would 
test the effectiveness of a halibut excluder device for flatfish trawls 
in reducing halibut bycatch rates without significantly lowering catch 
rates of flatfish. Results of the experiment will be used to develop 
methods for trawl vessels targeting flatfish to reduce halibut bycatch 
rates and mortality. This EFP will provide information not otherwise 
available through research or commercial fishing operations. The 
intended effect of this

[[Page 44424]]

action is to promote the purposes and policies of the Magnuson-Stevens 
Fishery Conservation and Management Act.

ADDRESSES: Copies of the EFP and the Environmental Assessment (EA) 
prepared for the EFP are available from Lori J. Gravel, Sustainable 
Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802.

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

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for Groundfish 
of the Gulf of Alaska (FMP) authorizes the issuance of EFPs for fishing 
for groundfish in a manner that would otherwise be prohibited under 
existing regulations. The procedures for issuing EFPs are set out at 50 
CFR 679.6.
    On June 8, 1998, NMFS announced in the Federal Register the receipt 
of an application for an EFP from the Groundfish Forum (63 FR 31201). 
The application requested authorization for Groundfish Forum to test 
the effectiveness of a halibut excluder device in reducing halibut 
bycatch rates in the deep water flatfish fisheries while not lowering 
the amount of target flatfish species. The purpose of this research is 
to assist industry in developing gear modifications that will reduce 
the bycatch of halibut in flatfish fisheries off Alaska. This EFP will 
provide information not otherwise available through research or 
commercial fishing operations because it is not economically feasible 
for vessels to participate in an experiment of this extent and rigor 
during the short commercial fisheries.
    A statistical analysis completed by Groundfish Forum and reviewed 
by NMFS has determined that 60 pairs of tows between two vessels would 
produce a 90-percent certainty of detecting a 35- percent decline in 
halibut bycatch rates, and nearly a 100- percent chance of detecting a 
25-percent decrease in rex sole catch, the principle target species in 
the GOA deepwater flatfish fishery. To complete the experiment, 
Groundfish Forum estimates that 650 metric tons (mt) of groundfish may 
be taken by vessels participating in the experiment and between 18.5 mt 
and 25 mt of Pacific halibut bycatch mortality. The experiment is 
scheduled to take place in the Western or Central Regulatory Areas of 
the GOA during a 10 to 20-day period in September and October 1998. The 
effective date for the EFP may be revised to a date in 1999, pending 
agreement between the permit holder and the Administrator, Alaska 
Region, NMFS (Regional Administrator).
    The Groundfish Forum will set up a ``request for proposals'' (RFP) 
process whereby companies submit applications to test an halibut 
excluder device. Under the rules of the experiment, the performance of 
trawl gear with the excluder device in place will be tested against a 
standard control gear. The control gear will be the same trawl gear 
configured without the halibut excluder device. Trawling with 
experimental and control gear will be conducted with procedures and 
sites used during the commercial fishery for deep water flatfish 
species in the GOA.
    The RFP will set out general standards for the design of a halibut 
excluder device that will be systematically tested against control 
trawl gear. These standards state the design should:
    1. Release a large percentage of the halibut that come into the 
trawl unharmed;
    2. Avoid significant reductions in target flatfish or round fish 
catches, while potentially releasing less desirable species (such as 
arrowtooth flounder);
    3. Function with few failures or break downs and be resistant to 
clogging and debris jams;
    4. Provide easy removal or disabling of the excluder to facilitate 
changes between experimental and control gear without handling 
difficulties or safety concerns for deck crew (this feature is 
especially critical for small vessels with limited deck length);
    5. Provide durability and ease of storage on deck; and
    6. Be constructed from affordable materials that are readily 
available.
    Guidelines for applications to participate in the experiment will 
be provided by Groundfish Forum. This information will be conveyed to 
potential applicants through a short publication written and 
distributed by the Groundfish Forum and reviewed by NMFS personnel 
associated with the experiment. A Selection Panel of NMFS gear experts 
and other NMFS management personnel will review the suitability of 
applications and determine which design has the greatest potential for 
excluding halibut and retaining target catch. The device selected by 
the Selection Panel will be subjected to a systematic field test to 
establish its effectiveness as well as some exploration to isolate the 
elements that make the device successful (placement, towing speed, sea 
conditions, ambient light conditions, etc.).
    The Regional Administrator has approved the EFP application and has 
issued EFP 98-01 to the Groundfish Forum. The EFP authorizes Groundfish 
Forum to solicit vessel participants through the RFP process and 
authorizes the harvest of 650 mt of groundfish during the course of the 
10-20 day experiment during September and October 1998, of which no 
more than 30 percent (195 mt) may be groundfish species other than Rex 
sole, Dover sole, Greenland turbot, deep sea sole, flathead sole, or 
arrowtooth flounder (deep water flatfish). The amount of groundfish 
species retained other than deep water flatfish will not exceed 15 
percent per species or species group (see Table 10 of 50 CFR part 679 
for a definition of species groups) of the retained catch of deep water 
flatfish as defined in this EFP, except that the retained amount of 
sablefish is not to exceed 2 percent of the retained catch of deep 
water flatfish. Groundfish and halibut bycatch mortality associated 
with this experiment will not be deducted from total allowable catch 
and halibut bycatch allowances specified for the 1998 groundfish 
fisheries. This will not cause a conservation problem for groundfish 
species because estimated total removals under the EFP likely would 
remain within their acceptable biological catches and not exceed 
overfishing levels already considered in the EA for the 1998 
specifications.
    The Regional Administrator may terminate the experiment if halibut 
bycatch mortality exceeds the high-end projections of the permit 
applicant, or 25 mt mortality (39 mt bycatch). Failure of the permittee 
to comply with the terms and conditions of the EFP may be grounds for 
revocation, suspension, or modification of the EFP under 15 CFR 904 
with respect to any or all persons and vessels conducting activities 
under the EFP. Failure to comply with applicable laws may also result 
in sanctions imposed under those laws.

Classification

    NMFS prepared an EA for this EFP. The Assistant Administrator for 
Fisheries, NOAA concluded that there will be no significant impact on 
the human environment as a result of fishing under this EFP. A copy of 
the EA is available from NMFS (see ADDRESSES). The Regional 
Administrator determined that fishing activities conducted pursuant to 
this EFP will not affect endangered and threatened species or critical 
habitat under the Endangered Species Act.
    This notice is exempt from review under E.O. 12866. Because prior 
notice and opportunity for public comment are not required; the 
analytical requirements of the Regulatory Flexibility Act are 
inapplicable.


[[Page 44425]]


    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 13, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-22245 Filed 8-18-98; 8:45 am]
BILLING CODE 3510-22-F