[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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