[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Rules and Regulations]
[Pages 60587-60590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26086]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 991210329-0273-02; I.D. 102699B]
RIN 0648-AM63


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Area; Amendment 58 To Revise the Chinook Salmon 
Savings Areas

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 58 to the 
Fishery Management Plan (FMP) for the Groundfish Fishery in the Bering 
Sea and Aleutian Islands Area (BSAI). Amendment 58 established a 
framework to allow NMFS to reduce the annual trawl bycatch limit for 
chinook salmon and revised the Chinook Salmon Savings Area (CHSSA) in 
the BSAI. Pursuant to this framework authority, NMFS hereby reduces the 
annual trawl bycatch limit for chinook salmon. This action is necessary 
to reduce chinook salmon bycatch and is intended to further the 
conservation and management objectives of the FMP.

DATES: Effective November 13, 2000.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for 
this action may be obtained from the Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802-1668; Attn: Lori Gravel, or by calling the 
Alaska Region, NMFS, at 907-586-7228. Send any comments on any 
ambiguity or unnecessary complexity arising from the language used in 
this final rule to the Regional Administrator, Alaska Region, NMFS, 709 
West Ninth Street, Federal Office Building, Suite 453, Juneau, AK 
99801.

FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
BSAI under the FMP. The FMP is implemented by regulations appearing at 
50 CFR part 679 issued under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). General 
regulations governing U.S. fisheries appear at 50 CFR part 600. The 
North Pacific Fishery Management Council (Council) prepared the FMP 
under authority of the Magnuson-Stevens Act.

Background

    Trawl fisheries in the BSAI, particularly the midwater pollock 
fishery, incidentally catch chinook salmon. Salmon are a prohibited 
species in the BSAI groundfish fisheries. They cannot be retained and 
must be returned to the sea as soon as possible with a minimum of 
injury after they have been counted by a NMFS- certified observer. 
However, the mortality rate for salmon caught in trawl fisheries is 100 
percent as salmon cannot survive interception by traw l gear. Final 
regulations published on November 29, 1995 (60 FR 61215), effective 
January 1996, established annual prohibited species catch (PSC) limits 
for chinook salmon and specific seasonal no-trawling zones in the CHSSA 
that are triggered when the limits are reached. These existing 
regulations prohibit trawling in the CHSSA through April 15 of each 
year once the bycatch limit of 48,000 chinook salmon, as specified in 
the FMP, is reached.
    In 1999, the Council prepared Amendment 58 to the FMP to further 
reduce bycatch of chinook salmon by trawl fisheries in the BSAI. NMFS 
published a notice of availability (NOA) for this amendment in the 
Federal Register at 64 FR 60157 on November 4, 1999. The public comment 
period on the NOA ended on January 3, 2000; NMFS approved Amendment 58 
on February 2, 2000. NMFS published a proposed rule to implement 
Amendment 58 on December 21, 1999 (64 FR 71390). The comment period on 
the proposed rule ended on February 4, 2000. NMFS received two letters 
commenting on the proposed rule. Both letters expressed strong support 
for the adoption of the rule with no changes recommended. NMFS concurs 
and has made no changes to the final rule except that the starting year 
for the chinook salmon bycatch reductions will be 2001 rather than 
2000, as stated in the proposed rule, because the effective date of 
this final rule will be too late to use 2000 as a starting year. 
Additional background information supporting Amendment 58 and its 
implementing rule was published in the Federal Register with the NOA 
and proposed rule.

Elements of Amendment 58

    Amendment 58 and this final rule implement the following regulatory 
changes to trawl chinook salmon PSC limitations: (1) The chinook salmon 
bycatch limit is reduced from 48,000 to 29,000 chinook salmon over a 4-
year period; (2) year-round accounting of chinook salmon bycatch is 
established for the pollock fishery, beginning on January 1 of each 
year; (3) the boundaries defining the CHSSA are revised; and (4) new 
CHSSA closure dates are established.

Chinook Salmon Savings Area

    Amendment 58 redefines the CHSSA as two non-contiguous areas of the 
BSAI composed of eight geographic blocks, each defined by 1/2 deg. 
latitude by 1 deg. longitude. Based on historical observer data, this 
new definition better identifies areas of consistently high chinook 
salmon bycatch rates in the pollock fishery.

Progressive Reduction of the Chinook Salmon Bycatch Limit

    This action prohibits directed fishing for pollock by vessels using 
trawl gear within the CHSSA when NMFS determines that the bycatch limit 
for chinook salmon in the BSAI pollock trawl fisheries has been 
attained for each year according to the following schedule:

------------------------------------------------------------------------
                                                         Chinook Salmon
                         Year                                Limit
------------------------------------------------------------------------
2001                                                              41,000
2002                                                              37,000
2003                                                              33,000

[[Page 60588]]

 
2004 and after                                                    29,000
------------------------------------------------------------------------

    Accounting for the PSC limit begins on January 1 and continues 
throughout the fishing year. Non-pollock fisheries, which account for 
about 10 percent of the trawl chinook salmon bycatch, are exempt from 
the closure of the CHSSA, and any chinook salmon bycatch in those 
fisheries is not counted toward the PSC limit.
    According to the bycatch data collected, chinook salmon are more 
likely to be caught in the CHSSA before April 15, and after September 
1. Therefore, in the event the chinook salmon limit is triggered before 
April 15, the CHSSA would close immediately. The closure would be 
removed on April 15, but would be reinitiated on September 1 and 
continue through the end of the year. If the limit were reached after 
April 15, but before September 1, then the CHSSA would close on 
September 1. If the limit were reached after September 1, the CHSSA 
would close immediately and not reopen until the following year on 
January 1.

Classification

    This action has been determined to be not significant under E.O. 
12866. No new reporting, recordkeeping, or compliance requirements are 
imposed by this final rule.
    NMFS has prepared an FRFA that describes the economic impact this 
action, if adopted, would have on small entities. A copy of this 
analysis is available from NMFS (see ADDRESSES). No comments were 
received on the Initial Regulatory Flexibility Analysis. A summary of 
the FRFA follows:
    The final rule would apply to the 128 fishing vessels permitted in 
2000 to fish in the pollock fishery (21 catcher/processor permits, 107 
catcher vessel permits). In 1997, pollock vessels harvested about 1.15 
million mt of pollock, an ex-vessel value of about $227 million. Under 
the rule, if a chinook salmon PSC limit is attained, all vessels would 
be prohibited from directed fishing for pollock within the CHSSA. The 
rule would affect all 128 vessels, including CDQ vessels. However, the 
available pollock TAC would not be reduced; only the location of the 
catch would be restricted. Therefore, this action should not prevent 
these vessels' ability to harvest the entire amount, although pollock 
catch rates could decrease as a direct result of a CHSSA closure. 
During the summer months when chinook salmon bycatch has been 
historically very low, the CHSSA would be open to directed fishing for 
pollock even if the PSC limit has been previously attained. This action 
specifically targets the pollock fishery, which is composed primarily 
of large entities, historically responsible for the vast majority of 
chinook salmon bycatch in the BSAI. All other fisheries in the BSAI, 
many of which have a higher number and percentage of small entity 
participation, are exempt from any trawling prohibitions that might 
result from attainment of a PSC limit under this action. Also, chinook 
salmon bycatch in these non-pollock fisheries would not be counted 
toward the cap under this action. These exemptions minimize the impacts 
on small entities while still achieving the objective of this action, 
which is an overall reduction in chinook bycatch. In addition, NMFS 
considered the alternative of maintaining the status quo, which could 
have minimized impacts on small entities. However, that alternative 
would not have achieved the objectives of this action. There are no 
projected recording, recordkeeping, or other compliance requirements in 
the rule.
    The President has directed Federal agencies to use plain language 
in their communication with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this final 
rule. Such comments should be sent to the Alaska Regional Administrator 
(see ADDRESSES).

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: October 4, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 679 is amended 
as follows:

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

    1. The authority citation for 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.  679.2, the definition for ``Chinook Salmon Savings Area 
of the BSAI'' is revised to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Chinook Salmon Savings Area of the BSAI (see 
Sec. 679.21(e)(7)(viii)).
* * * * *

    3. In Sec. 679.7, paragraph (d)(9) is revised to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (d) * * *
    (9) For the operator of an eligible vessel listed on an approved 
CDP, use trawl gear to harvest pollock CDQ in the Chinook Salmon 
Savings Area between January 1 and April 15, and between September 1 
and December 31, after the CDQ group's chinook salmon PSQ is attained.
* * * * *

    4. In Sec.  679.21, paragraphs (e)(1)(vii) and (e)(7)(viii) are 
revised to read as follows:


Sec.  679.21  Prohibited species bycatch management.

* * * * *
    (e) * * *
    (1) * * *
    (vii) Chinook salmon. The trawl closures identified in paragraph 
(e)(7)(viii) of this section will take effect when the Regional 
Administrator determines that the PSC limit of chinook salmon caught 
while harvesting pollock in the BSAI between January 1 and December 31 
is attained according to the following amounts identified for each 
year:

------------------------------------------------------------------------
                                                         Chinook Salmon
                         Year                                Limit
------------------------------------------------------------------------
2001                                                              41,000
2002                                                              37,000
2003                                                              33,000
2004 and after                                                    29,000
------------------------------------------------------------------------

* * * * *
    (7) * * *
    (viii) Chinook salmon. (A) Closure. If, during the fishing year, 
the Regional Administrator determines that catch of chinook salmon, by 
vessels using trawl gear while directed fishing for pollock in the 
BSAI, will reach the annual limit, as identified in paragraph 
(e)(1)(vii) of this section, NMFS, by notification in the Federal 
Register will close the Chinook Salmon Savings Area, as defined in 
Figure 8 to this part, to directed fishing for pollock with trawl gear 
consistent with the following dates:
    (1) From the effective date of the closure until April 15, and from 
September 1 through December 31, if the Regional Administrator 
determines that the annual limit of chinook salmon will be attained 
before April 15.
    (2) From September 1 through December 31, if the Regional 
Administrator determines that the annual limit of chinook salmon will 
be attained after April 15.
* * * * *

    5. In part 679, Figure 8 is revised to read as Figure 8a and Figure 
8b:

[[Page 60589]]

Figure 8a to part 679. Chinook Salmon Savings Areas of the BSAI

a. Map

BILLING CODE 3510-22-S
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[[Page 60590]]



Figure 8b to part 679. Chinook Salmon Savings Areas of the BSAI

b. Coordinates
[GRAPHIC] [TIFF OMITTED] TR12OC00.029

[FR Doc. 00-26086 Filed 10-11-00; 8:45 am]
BILLING CODE: 3510-22-C