[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Proposed Rules]
[Pages 41044-41047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16770]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000627195-0195-01; I.D. 060500C]
RIN: 0648-AN94


Fisheries of the Exclusive Economic Zone Off Alaska; Seasonal 
Adjustment of Closure Areas to Trawl Gear in the Central Regulatory 
Area of the Gulf of Alaska

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes a regulatory amendment to implement a seasonal 
closure of a portion of the Central Regulatory Area of the Gulf of 
Alaska (GOA) to vessels using trawl gear. Regulatory authority also is 
proposed

[[Page 41045]]

for inseason action to open directed fishing for pollock within 10 
nautical miles (nm) of the Steller sea lion haulouts located at Gull 
Point and Cape Barnabas for research purposes. These actions are 
necessary to support NMFS-sponsored research on the effect of fishing 
on localized pollock distribution and abundance. The proposed 
regulatory amendment is intended to meet the objectives in the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and further the goals and objectives of the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP).

DATES: Comments on the proposed rule must be received by July 18, 2000.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery 
or courier delivery of comments may be sent to the Federal Building, 
709 West 9th St., Room 453, Juneau, AK 99801. Comments will not be 
accepted if submitted via e-mail or Internet. Copies of the 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) prepared for this action are 
available from NMFS at the listed address, or by calling the Alaska 
Region, NMFS, at (907) 586-7228.

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, (907) 481-1780, fax 
(907) 481-1781, or [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish 
fisheries of the GOA under the FMP. The North Pacific Fishery 
Management Council (Council) prepared the FMP under the Magnuson-
Stevens Act. Regulations governing the groundfish fisheries of the GOA 
appear at 50 CFR parts 600 and 679.
    This proposed regulatory action would impose a ban on all trawl 
fishing in the Chiniak Gully region on the east side of Kodiak Island 
and authorize a temporary reopening of the 10-nm zones around Gull 
Point and Cape Barnabas to directed fishing for pollock. These fishing 
restrictions would be in effect annually during the period of August 
1st to no later than September 20 in the years 2000-2003. 
These restrictions are necessary to support NMFS research designed to 
identify and quantify the effects of commercial fishing on the 
availability of pollock to foraging Steller sea lions within a finite 
area. This research is intended to help assess the effectiveness and 
efficiency of alternative management methods for ensuring that pollock 
fisheries off Alaska neither jeopardize the continued existence of the 
western population of endangered Steller sea lions nor adversely modify 
its critical habitat. Currently the information available to evaluate 
alternative methods for protecting Steller sea lions and their habitat 
is very limited, which could result in the use of less effective and 
less efficient management measures. NMFS is proposing a controlled 
experiment off Kodiak Island in order to improve the information that 
can be used to assess further management actions to protect Steller sea 
lions and their habitat.
    The proposed research is designed to provide information bearing on 
the following issues: (1) Whether measurable changes exist in the 
distribution and abundance of pollock during the 4-year duration of the 
study, (2) whether commercial pollock fisheries cause short-term (days 
to weeks) changes in the pollock school dynamics, and (3) whether 
pollock fisheries cause reductions in the availability of sea lion 
forage (i.e., pollock) in localized regions off the east side of Kodiak 
Island.
    NMFS plans to conduct an echo integration trawl (EIT) survey 
before, during, and after the 'C' season commercial pollock 
fishery off the east side of Kodiak Island in the years 2000 to 2003. 
An EIT survey involves systematic survey vessel track lines over which 
acoustic and research trawl data are collected and used to generate 
estimates of abundances and distribution patterns of targeted species. 
The 'C' season currently opens on August 20 (Sec. 679.22(d)(3)).
    The experimental design proposes a feasibility study in the first 
year and three full implementation experiments in 2001 to 2003. A 
feasibility study is necessary because NMFS has not conducted EIT 
surveys in the GOA during summer months and uncertainty exists whether 
survey conditions will be suitable for identifying abundance and 
distribution patterns of pollock. Questions also exist about conducting 
an EIT survey in a small geographic area during the same time period 
that commercial fisheries are operating.
    The research proposal identifies two treatment (fishing areas) 
areas at Barnabas Gully and Marmot Canyon where directed fishing for 
pollock typically occurs. A control site (no fishing) also is proposed 
in the Chiniak Gully area where trawl fishing will be prohibited in 
Federal waters. The prohibition on trawling in the control site is 
necessary to provide a basis for comparing pollock school dynamics in a 
fished and unfished condition (addressing issue 2 above). These study 
locations are proposed because they encompass historical fishing areas 
for pollock that are separated by topographical features with generally 
discrete concentrations of fish. The concentration of fishing effort in 
the GOA enables the designation of comparable treatment and control 
sites, which are essential to the study design.
    In 2001 to 2003, the EIT research surveys would be conducted in the 
same areas as the feasibility survey in 2000, with additional sampling 
after the fishing season has ended. The consistency in area and season 
(August to September) will enable researchers to obtain a time series 
of data and evaluate the effects of interannual variation. The proposed 
research could provide researchers with better information on pollock 
movements and impacts of commercial pollock harvest on foraging 
behavior of Steller sea lions.
    A regulatory amendment is required to prohibit trawl fishing in the 
control site and to allow fishing for pollock in the treatment sites, 
including within the 10-nm zones surrounding the Cape Barnabas and Gull 
Island Steller sea lion haulout sites that currently are closed to 
directed fishing for pollock. To accomplish this objective, the 
proposed regulatory amendment would implement two measures. First, it 
would prohibit trawl fishing in the Chiniak Gully area off the east 
side of Kodiak Island from August 1st to a date no later 
than September 20th for four years (2000 to 2003). The 
Chiniak Gully control site is defined by straight lines intersecting 
the following coordinates in the order given: 152.37 deg. W. long., 
57.81 deg. N. lat.; 151.85 deg. W. long., 57.81 deg. N. lat.; 
150.64 deg. W. long., 57.22 deg. N. lat.; 151.27 deg. W. long., 
56.98 deg. N. lat.; 152.16 deg. W. long., 57.62 deg. N. lat.; and 
152.37 deg. W. long., 57.81 deg. N. lat.
    The second management measure would authorize inseason action to 
open directed fishing for pollock within 10 nm of the Steller sea lion 
haulouts located at Gull Point and Cape Barnabas during the same period 
of time the Chiniak Gully control site is closed if specified 
conditions are met. Fishing within 10 nm of these two haulout sites 
would be authorized as part of the treatment area of Barnabas Gully, 
unless NMFS' EIT survey conducted as part of its proposed research 
design prior to the August 20 opening of the pollock C season indicates 
that the abundance and size distribution of pollock in the Barnabas 
Gully area are insufficient to support a commercial fishery. If the 
annual EIT survey fails to locate commercial concentrations of pollock 
in

[[Page 41046]]

Barnabas Gully, the treatment area for a year would be moved from 
Barnabas Gully to Marmot Canyon and the pollock fishing closures within 
10 nm surrounding Cape Barnabas and Gull Point would remain effective. 
These considerations are intended to focus the research area where 
large concentrations of pollock are present to minimize the potential 
for localized depletion.
    Pursuant to section 7 of the Endangered Species Act (ESA), NMFS 
completed a biological opinion (B.O.) on December 3, 1998, which was 
revised December 16, 1998, that evaluated the effects of the Atka 
mackerel fisheries of the Bering Sea and Aleutian Islands management 
area (BSAI) and the pollock fisheries of the BSAI and the GOA on 
candidate and listed species, including the Steller sea lion, and 
designated critical habitat. The B.O. concluded that the Atka mackerel 
fisheries were not likely to jeopardize candidate or listed species or 
adversely modify any designated critical habitat. However, the B.O. 
concluded that the pollock fisheries were likely to jeopardize the 
endangered western population of Steller sea lions and adversely modify 
its critical habitat. On October 15, 1999, NMFS issued revised final 
reasonable and prudent alternatives (RFRPAs) to avoid the likelihood 
that the pollock fisheries jeopardize the endangered western population 
of Steller sea lions and adversely modify its critical habitat. The 
RFRPAs were implemented by emergency interim rule at the commencement 
of the 2000 pollock fisheries (65 FR 3892, January 25, 2000). This 
emergency interim rule was extended through December 31, 2000 (65 FR 
36795, June 12, 2000), to continue to implement RFRPAs to protect 
Steller sea lions and their designated critical habitat. Among other 
things, the RFRPAs allow the proposed research and directed fishing for 
pollock to be authorized until permanent rulemaking is implemented.
    The RFRPAs establish pollock ``no trawl zones'' in waters of the 
GOA around Steller sea lion rookeries and major haulouts out to 10 nm. 
Three exceptions to these closures were described, including one for 
the Steller sea lion haulouts at Cape Barnabas and Gull Point, where 
these sites may be opened for the purpose of conducting research to 
determine the effects of the pollock fisheries on prey resources in 
this area.
    Species listed under the ESA are present in the action area and 
some may be negatively affected by the proposed research. Therefore, 
NMFS has initiated formal consultation under section 7 of the ESA on 
the proposed action to authorize directed fishing for pollock within 10 
nm of the Gull Point and Cape Barnabas haulout areas during the August 
20 opening of the pollock ``C'' season in the GOA. Consultation will 
need to be concluded prior to agency determination on whether or not to 
approve the proposed action.

Classification

    At this time, NMFS has not determined that the proposed seasonal 
adjustments of fishery closures this rule would implement are 
consistent with the national standards of the Magnuson-Stevens Act and 
other applicable laws. NMFS, in making that determination, will take 
into account the data, views, and comments received during the comment 
period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    Nothing in this proposed action would result in any changes in 
reporting or recordkeeping requirements. The analysis for this proposed 
action did not reveal any existing Federal rules that duplicate, 
overlap, or conflict with this action.
    NMFS prepared an IRFA that describes the impact this proposed rule, 
if adopted, may have on small entities. Most of the vessels that the 
proposed rule would apply to are between 80 and 100 feet in length and 
are small entities under the $3 million gross earnings criterion. This 
action would apply to all of the approximately 200 groundfish trawl 
vessels that participate in the Gulf of Alaska groundfish trawl 
fisheries during the months of August and September. However, only 
about 10 percent (20 vessels) have fished in the areas subject to the 
controlled experiment during those months. Most of the vessels that 
otherwise would trawl for groundfish in the proposed Chiniak Gully area 
are home ported in and operate out of Kodiak, adjacent to the proposed 
closure area. Although vessels would be able to harvest elsewhere, they 
would be expected to incur some additional costs as a result of 
traveling greater distances to alternative fishing areas. However, 
these costs are expected to be low and would be short-lived while the 
benefits of the improved information the controlled experiment is 
designed to provide could be substantial. NMFS anticipates that the 
information the experiment would produce would help decrease the risk 
of not implementing effective measures to protect Steller sea lions, 
and decrease the cost of providing a given level of protection for the 
sea lions.
    NMFS considered maintaining the status quo, which could have 
resulted in less severe economic impacts on some small entities. 
However, this alternative would not allow NMFS to conduct the 
controlled experiment and obtain information that could be used to 
assess further management actions to protect Steller sea lions and 
their habitat. NMFS also considered an alternative that would exempt 
small entities from the proposed time/area closure. However, such an 
exemption would undermine the intent of the action to allow a 
controlled experiment to assess the effects of trawl fishing on the 
availability of prey for Steller sea lions. The preferred alternative, 
which this proposed rule would implement, was designed to cause the 
least economic impact to small entities while still obtaining the 
necessary information to protect Steller sea lions. Without the 
information obtained through this proposed action, other management 
actions that would cause greater economic impacts, such as permanent 
closure of all critical habitat to protect Steller sea lions, may have 
to be implemented.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: June 27, 2000.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons discussed in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
    2. In Sec. 679.22, paragraph (b)(5) is added to read as follows:


Sec. 679.22  Closures.

* * * * *
    (b) * * *
    (5) Chiniak Gully Research Area (effective through December 31, 
2003)--(i) Description of Chiniak Gully. The Chiniak Gully Research 
Area is defined as that part of statistical Area 630 bounded by 
straight lines connecting the coordinates in the order listed:
    57.81 deg. N. lat., 152.37 deg. W. long.;
    57.81 deg. N. lat., 151.85 deg. W. long.;
    57.22 deg. N. lat., 150.64 deg. W. long.;
    56.98 deg. N. lat., 151.27 deg. W. long.;

[[Page 41047]]

    57.62 deg. N. lat., 152.16 deg. W. long.; and hence 
counterclockwise along the shoreline of Kodiak Island to
    57.81 deg. N. lat., 152.37 deg. W. long.
    (ii) Closure. (A) The Chiniak Gully Research Area is closed to 
vessels using trawl gear from August 1 to a date no later than 
September 20, except that trawl gear may be tested in the manner 
described at Sec. 679.24(d)(2) in the Kodiak Test Area defined at 
Sec. 679.24(d)(4)(i) and illustrated in Figure 7 to this part.
    (B) Prior to September 20, the Regional Administrator may publish 
notification in the Federal Register rescinding the trawl closure in 
the Chiniak Gully Research Area described in paragraph (b)(5)(i) of 
this part and reinstating closures to directed fishing for pollock 
within 10 nm of the Steller sea lion haulout sites located at Gull 
Point and Cape Barnabas if such closures were rescinded under paragraph 
(b)(5)(iii) of this section.
    (iii) Exemption to Steller sea lion critical habitat closures. (A) 
General. During the C season in Statistical Area 630 of the GOA, 
defined at Sec. 679.23(d)(3)(iii) of this part, the Regional 
Administrator may rescind the prohibition on directed fishing for 
pollock within 10 nm of the Steller sea lion haulout sites at Cape 
Barnabas and Gull Point on Kodiak Island, which are defined at 
Sec. 679.22(b)(3)(ii)and Table 13 of this part.
    (B) Criteria for exemption. NMFS will conduct an annual echo 
integration trawl survey of pollock abundance and distribution off the 
east side of Kodiak Island prior to the start of the pollock C season 
defined at Sec. 679.23(d)(3)(iii). If survey results indicate that the 
abundance and size distribution of pollock in the area between the 
Steller sea lion haulouts at Cape Barnabas and Gull Point, defined at 
Sec. 679.22(b)(3)(ii) and Table 13 of this part, are sufficient to 
support a commercial fishery, then NMFS will authorize directed fishing 
for pollock within 10 nm of these two haulout sites during that C 
season.
    (C) Notification. If the Regional Administrator rescinds the 
closures to directed fishing for pollock around the Cape Barnabas and 
Gull Point haulout sites under this paragraph (b)(5)(iii), NMFS will 
publish notification in the Federal Register announcing this action 
prior to the start of the pollock C season.
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[FR Doc. 00-16770 Filed 6-30-00; 8:45 am]
BILLING CODE 3510-22-F