[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Notices]
[Pages 25478-25479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12030]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 031899A]
Fisheries of the Exclusive Economic Zone off Alaska; Groundfish
of the Gulf of Alaska; Groundfish of the Bering Sea and Aleutian
Islands Area; IFQ Halibut Fisheries Off Alaska; Experimental Fishing
Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Issuance of an experimental fishing permit.
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SUMMARY: NMFS announces the issuance of experimental fishing permit 99-
01 (EFP) to the Washington Sea Grant Program (WSGP). The EFP authorizes
the WSGP to conduct an experiment in the Gulf of Alaska (GOA) and the
Bering Sea and Aleutian Islands Area (BSAI) that would test the
effectiveness of seabird avoidance measures. NMFS could use results
from the EFP to establish more effective regulatory measures to reduce
incidental take of seabirds in these fisheries. This EFP is necessary
to provide information not otherwise available through research or
commercial fishing operations. The intended effect of this action is to
promote the purposes and policies of the Magnuson-Stevens Fishery
Conservation and Management Act.
ADDRESSES: Copies of the EFP are available from Lori Gravel,
Sustainable Fisheries Division, Alaska Region,
[[Page 25479]]
NMFS, P.O. Box 21668, Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: Kim S. Rivera, 907-586-7424.
SUPPLEMENTARY INFORMATION: 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
authorize 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 and 600.745(b).
On March 29, 1999, NMFS announced in the Federal Register the
receipt of an application for an EFP from the WSGP (64 FR 14885). The
application requested authorization for WSGP to test the effectiveness
of seabird avoidance measures in two fisheries, (1) the Individual
Fishing Quota (IFQ) sablefish and Pacific halibut fisheries in the GOA
and the BSAI and (2) the Pacific cod and Greenland turbot hook-and-line
fisheries in the BSAI. WGSP will conduct the experiment as a part of
its research project funded under the NMFS Saltonstall-Kennedy program
(SK Project). WGSP will compare two seabird avoidance measures to a
control (no measures) in each fishery. An EFP is necessary because the
SK Project's experimental procedure calls for testing seabird avoidance
measures relative to a control of no seabird avoidance measure, and
possibly, the testing of new seabird bycatch avoidance technologies
that are not included in the current NMFS regulations. The purpose of
this research is to assess the effectiveness of alternative seabird
avoidance measures for hook-and-line fisheries off Alaska. The
objectives of the SK Project are to: (1) Work cooperatively with the
fishing industry, NMFS, and the U.S. Fish and Wildlife Service (USFWS)
to select and then test the effectiveness of seabird avoidance measures
in hook-and-line fisheries off Alaska; (2) characterize the species-
specific behavioral interactions of seabirds with hook-and-line gear on
active fishing vessels, with and without seabird avoidance measures;
(3) work cooperatively with the fishing industry, NMFS, and the USFWS
to develop recommendations for revisions to existing seabird avoidance
regulations and performance standards based on the results of this
research; and (4) recommend future research, and research protocols.
Issuance of this EFP will provide information not otherwise available
through research or commercial fishing operations.
WGSP designed and NMFS reviewed the experimental protocol for
testing on smaller-sized vessels [less than 124 ft (37.8 meters) length
overall (LOA)]. The prorocol will require a minimum of 640,000 to 1
million deployed hooks and 150 observer days over 2 years to address
adequately the efficacy of seabird avoidance measures relative to a
control of no measure. To achieve this sample size objective, three
vessels per year in the IFQ and groundfish fisheries will be required,
with seabird observer coverage for a total of 45 days per year
(approximately three trips), assuming a total hook retrieval
observation rate of 40 percent. WSGP has estimated that for testing on
larger-sized vessels [longer than 124 ft LOA (37.8 meters)] in the
BSAI, a minimum of 3 million deployed hooks and 150 observer days over
2 years will be needed to adequately address the efficacy of seabird
avoidance measures relative to a control of no measure. To achieve this
sample size objective two vessels per year in the Pacific cod fishery
will be required, with seabird observer coverage for a total of 40 days
per year (approximately 2 trips), assuming a total hook retrieval
observation rate of 40 percent. The experiment is scheduled to take
place in the GOA and BSAI for approximately 45 to 60 days during May
1999 through July 1999, and for approximately 45 to 60 days during
April 2000 through July 2000, and in the BSAI for approximately 40 to
50 days during July 1999 through October 1999, and for approximately 40
to 50 days during July 2000 through October 2000. The effective period
for the EFP may be revised for other months in 1999 and 2000, pending
agreement between the permit holder and the Administrator, Alaska
Region, NMFS (Regional Administrator).
WSGP established an industry advisory committee in consultation
with NMFS and the USFWS. This committee will select the participating
vessels and the seabird avoidance measures to be tested. The EFP
authorizes three vessels per year in the GOA and BSAI groundfish
fisheries and/or the Pacific halibut fishery, and two vessels per year
in the BSAI groundfish fishery. The performance of seabird avoidance
gear will be tested against a standard control gear. The control gear
will be identical hook and-line gear, although configured without the
seabird avoidance gear. Fishing with experimental and control gear will
be conducted with procedures and sites similar to those used during the
commercial fishery for sablefish and halibut in the GOA and for
groundfish (Pacific cod and Greenland turbot) in the BSAI.
The Regional Administrator approved the EFP application and has
issued EFP 99-01 to the WSGP. The EFP authorizes WSGP to conduct
experimental operations without the use of otherwise required seabird
avoidance measures during the course of the experiment during
designated periods of 1999 and 2000. No additional harvest amounts of
target or incidental catch are authorized.
Failure of the permit holder to comply with the terms and
conditions of the EFP may be grounds for revocation, suspension, or
modification of the EFP under 15 CFR part 904 with respect to any or
all persons and vessels conducting activities under the EFP. Failure to
comply with applicable laws also may result in sanctions imposed under
those laws.
Classification
The Regional Administrator determined that fishing activities
conducted under this action would not affect endangered and threatened
species or critical habitat in any manner not considered in prior
consultations on the groundfish or IFQ fisheries. The USFWS has issued
a section 10 permit to WSGP under the Endangered Species Act. Such a
permit authorizes the incidental take of a short-tailed albatross in
the unlikely event that one were taken during the course of the
experiment.
This notice is exempt from review under E.O. 12866 and the
Regulatory Flexibility Act (RFA) because prior notice and opportunity
for public comment are not required for this notice. The analytical
requirements of the RFA are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 6, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-12030 Filed 5-11-99; 8:45 am]
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