[Federal Register Volume 64, Number 107 (Friday, June 4, 1999)]
[Notices]
[Pages 29994-29995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14206]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 052699D]
Fisheries of the Exclusive Economic Zone off Alaska; Groundfish
of the Bering Sea and Aleutian Islands Management Area; Exempted
Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Issuance of an exempted fishing permit.
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SUMMARY: NMFS announces the issuance of an exempted fishing permit
(EFP) 99-02 to the Washington Sea Grant Program (WSGP). The EFP
authorizes the WSGP to conduct an experiment in the Bering Sea and
Aleutian Islands Management 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 and the Environmental Assessment (EA)
prepared for the EFP are available from Lori Gravel, Sustainable
Fisheries Division, Alaska Region, 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 the
Groundfish Fishery of the Bering Sea and Aleutian Islands Management
Area 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 and
600.745.
On February 23, 1999, NMFS received an EFP application from WSGP to
conduct an experiment to assess alternative seabird avoidance measures
for hook-and-line gear fisheries off Alaska. NMFS published an
announcement of receipt of the EFP application in the Federal Register
on March 29, 1999 (64 FR 14885), describing the proposed experiment and
its use in both the groundfish and Individual Fishing Quota (IFQ)
fisheries. On March 22, 1999, NMFS received a second EFP application
from WSGP. The second application would augment the first related EFP
recently issued to WSGP and requests authorization for WSGP to test the
effectiveness of seabird avoidance measures in the Bering Sea Pacific
cod fishery outside of the open access and Community Development Quota
(CDQ) fisheries. During its meeting in April 1999, the North Pacific
Fishery Management Council recommended approval of both EFP
applications submitted by the WSGP. NMFS announced the approval of the
first EFP May 12, 1999, in the Federal Register (64 FR 25478).
WSGP will conduct the experiment under the second EFP as a part of
its research project jointly funded by the U.S. Fish & Wildlife Service
(USFWS)
[[Page 29995]]
and NMFS. WSGP will compare two seabird avoidance measures to a control
(no measures) in the BSAI Pacific cod fishery. A second EFP is
necessary because the WSGP's research project calls for testing seabird
avoidance measures in different fisheries and different fishery
operations. The first part of the research project is being conducted
on smaller-sized vessels [less than 124 ft (37.8 m) length overall
(LOA)] using hook-and-line gear in the IFQ Pacific halibut and
sablefish fisheries. The second part of the research project will be
conducted on larger catcher-processor vessels [longer than 124 ft LOA
(37.8 m)] in the BSAI Pacific cod fishery. The first EFP authorizes the
control treatments (no seabird avoidance measures) for both parts of
the research project.
Owner/operators of vessels for the second part of the project were
concerned that experimental operations would interfere with the highly
competitive open access fishery, resulting in potential economic loss.
Additionally, the CDQ fisheries are often conducted after the fall open
access BSAI Pacific cod fishery, when some seabirds have left the area.
Because two observers already are required on CDQ operations, a third
observer would have been necessary to carry out the seabird experiment
adequately. Many vessels could not have accommodated this additional
observer. Therefore, WSGP submitted a second EFP application requesting
that the second part of the experiment be allowed to occur at a time
when fishing for BSAI Pacific cod is closed to directed fishing.
The purpose of this experiment is to assess the effectiveness of
alternative seabird avoidance measures for hook-and-line fisheries off
Alaska. The objectives of the WSGP experiment are to: (1) Work
cooperatively with the fishing industry, NMFS, and the 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 actively
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.
WSGP designed, and NMFS reviewed, the experimental protocol for
testing on larger-sized catcher-processor vessels (longer than 124 ft
(37.8 m) LOA) in the BSAI. The protocol requires a minimum of 3 million
deployed hooks and 150 observer days over 2 years to adequately address
the efficacy of seabird avoidance measures relative to a control of no
measure(s). 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). Two
observers will work on each vessel and will sample between 65 to 80
percent of all hooks on each of the hauls, assuming a total hook
retrieval observation rate of 40 percent. Two observers will sample 65
to 80 percent of all hooks on each of the hauls. To fully complete the
experiment, WSGP estimates that a total of 1,652 metric tons (mt) of
groundfish may be taken by the two vessels participating in the
experiment. The experiment is scheduled to take place 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.
WSGP established an industry advisory committee in consultation
with NMFS and the USFWS. This committee selected the participating
vessels and the seabird avoidance measures to be tested. The
participating vessels were selected in collaboration with the North
Pacific Longline Association based on fishing experience, demonstrated
leadership in the seabird bycatch issue, and willingness to cooperate
in the experiment. 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 at sites similar to those used during the
commercial fishery for Pacific cod in the BSAI.
The Regional Administrator approved the EFP application and has
issued EFP 99-02 to the WSGP. The EFP authorizes the participation of
two vessels per year in the experimental BSAI Pacific cod fishery. The
EFP authorizes the harvest of 1,652 mt of groundfish during
approximately 40 to 50 days in July 1999 through October 1999. 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). No more
than 1,306 mt of the authorized amount may be Pacific cod. The EFP also
authorizes, as prohibited species catch, no more than 17.2 mt of
Pacific halibut bycatch mortality. NMFS will review the experimental
work and, pending successful completion of the first year of the
experiment in 1999, the same amount of groundfish harvest would be
authorized during the same time period in 2000 for the second year of
the experiment. Groundfish and halibut bycatch mortality associated
with this experiment will not be deducted from total allowable catch
and halibut bycatch allowances specified for the 1999 groundfish
fisheries. This will not cause a conservation problem for groundfish
species because estimated total removals under the EFP are very small
compared to the overall TACs for these species and would not contribute
in a meaningful way to approaching overfishing levels already
considered in the EA for 1999 specifications.
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 fisheries. The USFWS has issued a
section 10 permit to WSGP under the Endangered Species Act. Such a
permit authorizes the incidental take of one 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. Therefore, the
analytical requirements of the RFA are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 28, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-14206 Filed 6-3-99; 8:45 am]
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