[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Notices]
[Pages 43986-43987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20902]



[[Page 43986]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 073099B]


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Bering Sea and Aleutian Islands 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 exempted fishing permit (EFP) 
99-03 to Groundfish Forum, Inc. The EFP authorizes Groundfish Forum to 
conduct an experiment in the Bering Sea and Aleutian Islands management 
area (BSAI) that would test the accuracy of at-sea observer basket 
sampling practices, the design and use of automated species composition 
sampling, and the effect of fish stratification in trawls on size 
composition sampling. 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 analyzing 
the potential impacts of fishing activities to be conducted under the 
EFP are available from the Sustainable Fisheries Division, Alaska 
Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel.

FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (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 and 600.745(b).
    NMFS received the application for EFP 99-03 from Groundfish Forum, 
Inc. on March 23, 1999. Groundfish Forum is an industry group 
representing small and medium size factory trawlers that mainly process 
head and gut product forms. The Alaska Fisheries Science Center (AFSC), 
NMFS, determined the application to be sufficiently complete to warrant 
further consideration by NMFS and the North Pacific Fishery Management 
Council (Council). The Council's April 1999 meeting agenda, which was 
published in the Federal Register on April 6, 1999 (64 FR 16707), 
provided public notice of the Council's intent to review and consider 
the EFP and receive testimony from interested members of the public on 
the proposed experimental fishing activity. The Council endorsed the 
Groundfish Forum's EFP application at its April 1999 meeting.
    The application requested authorization for Groundfish Forum to 
test the accuracy of at-sea observer basket sampling practices, the 
design and use of automated species composition sampling, and the 
effect of fish stratification in trawls on size composition sampling. 
The supporting experimental design described in the application was 
developed in coordination with the North Pacific Groundfish Observer 
Program, AFSC, NMFS. NMFS is supportive of experimentation to assess 
the accuracy of catch composition and accounting given the agency's 
responsibility to monitor and manage total mortality of fishery 
resources as a result of the fishing activities authorized under the 
FMP. Successful completion of the experiment could provide data for 
improvements in observer sampling of catch and facilitate more accurate 
accounting of total catch mortality associated with the commercial 
North Pacific groundfish fisheries.
    NMFS currently relies on NMFS-certified observers to determine 
species composition of sampled hauls using standard species composition 
sampling methods. In mixed species fisheries, observers onboard trawl 
vessels typically rely on basket samples of fish collected randomly as 
fish are transfered from the trawl codend into a holding bin (trawl 
catcher vessels) or as fish are transfered from live tanks into the 
processing line (catcher/processor vessels). Concern exists that these 
species composition sampling techniques may not accurately reflect the 
catch composition of an individual haul. 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 
fast-paced commercial fisheries.
    The experimental fishery will be conducted by one vessel in the 
BSAI flathead sole and Greenland turbot fisheries. Fishing under the 
EFP would take place in Bycatch Zone 2 of the Bering Sea in areas 
normally fished for flathead sole and Greenland turbot. The operator of 
the participating vessel will determine exact fishing locations. 
Fishing operations will start on or about September 3, 1999, and will 
last 3 to 4 weeks. This time line is set to accommodate the schedule of 
NMFS personnel associated with the experiment. The effective period for 
the EFP may be revised to a later time period in 1999 pending prior 
agreement between the permit holder and the Administrator, Alaska 
Region, NMFS (Regional Administrator).
    The experiment authorized under the EFP is comprised of three 
parts. Part I will test the accuracy of basket sampling for species 
composition and part II will test alternative automated species 
composition methods. These two parts of the experiment will consist of 
30 tows each for a total of 60 tows. The desired catch composition of 
each tow in parts I and II is 50 percent or more flatfish, with 
flathead sole being the predominant flatfish species. In the event that 
the actual catch composition is markedly and consistently different 
from these desired percentages, Groundfish Forum and NMFS personnel 
will evaluate the actual catch composition's effect on the experiment 
and encourage the participating vessel to find remedies to maintain the 
quality of the experiment. Failure to achieve an acceptable catch 
composition may result in discontinuation of the experiment.
    The flathead sole fishery was chosen for the first two parts of the 
experiment because it is a mixed fishery in which flatfish and 
roundfish are commonly caught together in tows; typical tows are fairly 
long (2-3 hours); and typical haul size is fairly large [around 15 
metric tons (mt) on average], but not so large as to necessarily 
overwhelm the accounting necessary for the experiment. Mixed catches, 
tow duration, and size of hauls are important factors in determining 
the potential for catch to be stratified when sampled. Stratification 
of catch can adversely affect the quality of observer data collected 
under current sampling procedures. Additional reasons for selecting the 
flathead sole fishery are that it is currently the most economically 
viable flatfish fishery for the average sized head-and-gut trawl 
catcher/processor vessel and the fishery can be conducted during late 
summer when weather conditions are amenable for the experiment.
    Part III of the experiment will assess the effect of fish 
stratification in a haul on sampling for species size composition. This 
portion of the experiment will take place immediately following the 
successful completion of

[[Page 43987]]

parts I and II and will rely on a small number of tows targeting 
Greenland turbot. This fishery was chosen for part III because it 
presents a reasonable opportunity for harvesting target species of 
different sizes. The revenue received from the limited harvest of 
Greenland turbot also will support the participating vessel's 
involvement in the experiment.
    All of the incidental catch amounts of pollock and Pacific cod 
harvested in the flatfish fishing activities authorized under the EFP 
must be retained to minimize discard amounts, contrary to existing 
regulations that require retention of these two species only up to a 
specified maximum retainable catch allowance (Sec. 679.27). For all 
other non-flatfish species, standard maximum retainable catch 
allowances established in regulations at 50 CFR 679.20 will apply based 
on retained flatfish as the basis species.
    The catch of groundfish under this EFP must not exceed a total of 
925 mt during parts I and II of the experiment and 342 mt during part 
III. If these authorized amounts are found to be insufficient to fully 
conduct the experiment, the applicant must confer with the Regional 
Administrator and obtain a modification to the EFP according to 
regulations at Sec. 679.6 prior to any catch of groundfish in excess of 
these amounts.
    The total catch of Greenland turbot authorized under all parts of 
the EFP is limited to the smallest of the following amounts: (1) An 
amount equal to 35 percent of the amount of pollock, Pacific cod, and 
flatfish other than Arrowtooth flounder caught and retained by the 
permitted vessel during parts I and II of the experiment; (2) the 
amount of Greenland turbot caught when a total of 342 mt of groundfish 
have been caught during part III of the experiment; or (3) a total of 
175 mt of Greenland turbot caught at any time during the experiment 
(parts I, II, or III).
    If Pacific halibut bycatch during part III of the EFP exceeds 10.2 
mt, fishing activities under the EFP must cease and the experiment will 
be terminated by the Regional Administrator. Although an upper limit of 
halibut bycatch equal to 10.2 mt is established for part III, the 
halibut bycatch limit likely will not prevent the harvest of the entire 
allowable amount of turbot based on 1997-98 observer data collected on 
halibut bycatch rates in the Greenland turbot fishery. Limits on the 
catch of prohibited species during parts I and II of the experiment are 
not established given the objective of the experimental design approved 
by NMFS for this portion of the experiment.
    Existing regulations governing retention and release of prohibited 
species, as defined at Sec. 679.21(b), will apply to the vessel 
participating in the experiment except that no deck-sorting of 
groundfish or prohibited species will be allowed during parts I and II 
of the experiment. Deck-sorting of halibut will be required during Part 
III of the experiment to reduce halibut bycatch mortality.
    Groundfish and prohibited species catch associated with this 
experiment will not be deducted from total allowable catch (TAC) or 
prohibited species bycatch allowances specified for the 1999 groundfish 
fisheries.
    The participating vessel is required to carry three NMFS-certified 
observers. Other on-board EFP personnel will include a NMFS scientist 
and one Groundfish Forum project coordinator. The vessel operator also 
will need to provide crew members or other qualified personnel to 
assist observers and to carry out the sorting and weighing of fish 
prior to discard. NMFS staff have recommended that the experiment be 
conducted on a trawl catcher/processor vessel used primarily to produce 
headed and gutted product because the problem of catch stratification 
is most often associated with the fisheries and vessel configurations 
of that sector.
    Vessel owners interested in participating in this EFP experiment 
must apply through a ``request for proposals'' (RFP) process 
administered by Groundfish Forum. The participating vessel will be 
chosen on the basis of how well the vessel's owners and crew are able 
to identify creative, workable solutions to the logistical challenges 
described in the experimental design developed jointly by NMFS and 
Groundfish Forum. The selection of a participating vessel will be made 
through a NMFS-directed review of applications. In the event that more 
than one vessel equally satisfies the requirements in the RFP, the 
participating vessel will be selected by lottery.
    The Regional Administrator has approved the EFP application and has 
issued EFP 99-03 to Groundfish Forum subject to the permit terms and 
conditions summarized above. 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 modify critical habitat in any manner not considered in 
prior consultations on the groundfish fisheries.
    This notice is exempt from review under E.O. 12866. It also is 
exempt from 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: August 6, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-20902 Filed 8-11-99; 8:45 am]
BILLING CODE 3510-22-F