[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Proposed Rules]
[Pages 40680-40683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14958]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 020522128-2128-01; I.D. 050602B]
RIN 0648-AP79


Fisheries of the Exclusive Economic Zone Off Alaska; Prohibition 
of Non-pelagic Trawl Gear in Cook Inlet in 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 regulations to implement Amendment 60 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska Area

[[Page 40681]]

(FMP). This action would prohibit the use of non-pelagic trawl gear in 
Cook Inlet. This action is necessary to address bycatch avoidance 
objectives in the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), to mirror existing regulations in State 
waters of Cook Inlet, and is intended to further the goals and 
objectives of the FMP.

DATES: Comments on the proposed rule must be received by July 29, 2002.

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-Durall. Hand 
delivery or courier delivery of comments may be sent to the Federal 
Building, 709 West 9th St., Room 453, Juneau, AK 99801. Comments also 
may be sent via facsimile (fax) to (907) 586-7465. Comments will not be 
accepted if submitted via e-mail or internet. Copies of Amendment 60 to 
the FMP and the Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this 
action are available from NMFS at the above address, or by calling the 
Alaska Region, NMFS, at (907) 586-7228.

FOR FURTHER INFORMATION CONTACT: Glenn Merrill, (907) 586-7228.

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries of the 
Gulf of Alaska (GOA) are managed by NMFS under the FMP. The FMP was 
prepared by the North Pacific Fishery Management Council (Council) 
under the Magnuson-Stevens Act. Regulations governing the groundfish 
fisheries of the GOA appear at 50 CFR, parts 600 and 679.

Background and Need for Action

    This action is designed to comply with the Magnuson-Stevens Act, 
which emphasizes the importance of reducing bycatch to maintain 
sustainable fisheries. National Standard 9 of the Magnuson-Stevens Act 
mandates that conservation and management measures shall minimize 
bycatch, to the extent practicable, and shall minimize mortality of 
bycatch where bycatch cannot be avoided.
    More specific authority for the proposed rule is provided by 
section 303(b)(2) of the Magnuson-Stevens Act. It states: ``Any fishery 
management plan which is prepared by any Council, or by the Secretary, 
with respect to any fishery, may...designate zones where, and periods 
when, fishing...shall be permitted only ...with specified types and 
quantities of fishing gear.''
    The objective of Amendment 60, as adopted by the Council in 
September 2000, is to reduce bycatch of crab in the exclusive economic 
zone (EEZ) of Cook Inlet in the GOA groundfish fishery. The proposed 
action would prohibit the use of non-pelagic trawl gear in the EEZ of 
Cook Inlet in an area north of a line from Cape Douglas (58 deg.51.10' 
N. lat.) to Point Adam (59 deg.15.27' N. lat.).

Status of Crab Resources in Cook Inlet

    Historically, Cook Inlet supported significant Tanner crab 
(Chionoecetes bairdi) and red king crab (Paralithodes camtschaticus) 
fisheries. These crab fisheries occurred in State of Alaska (State) and 
Federal waters, and a number of the most productive fishing grounds 
were within the Federal waters of Lower Cook Inlet. The earliest 
recorded red king crab fishery in Cook Inlet occurred in 1937. The 
proximity to ports encouraged the development of this fishery and by 
the mid-1950s annual harvests increased. The peak harvest of over 8 
million lb (3,629 mt) of red king crab occurred during the 1962-1963 
season. The fishery remained productive through the mid-1970s then 
productivity declined. In 1982, the fishery was closed and has remained 
closed.
    The commercial Tanner crab fishery in Cook Inlet began in the mid-
1960s as a fishery incidental to the more lucrative red king crab 
fishery. Harvests in the Tanner crab fishery of Lower Cook Inlet peaked 
in the early 1970s at over 4 million lb (1,814 mt) then declined 
gradually until the fishery closed in 1995. The fishery has remained 
closed. These harvest patterns are similar to other Tanner and red king 
crab fisheries in the Gulf of Alaska.
    Fishery surveys conducted by the Alaska Department of Fish and Game 
(ADF&G) in Cook Inlet throughout the early and mid-1990s indicated that 
both Tanner and red king crab stocks remained at historically low 
levels of abundance. In response to concerns by fishermen and ADF&G 
biologists about the potential impacts of non-pelagic trawl gear on 
crab bycatch and habitat, the Alaska Board of Fisheries (Board) 
prohibited the use of non-pelagic trawl gear in State waters 
encompassing primary crab habitat in 1990. In 1996, the Board extended 
that prohibition to all of the State waters of Cook Inlet and in many 
other areas of the Gulf of Alaska. In 1999, based on continuing 
concerns about the impacts of trawl gear on crab bycatch and habitat, 
the Board further extended State water closures to non-pelagic trawl 
gear in additional areas of the GOA, particularly in State waters in 
the Kodiak region.
    Recent surveys in Cook Inlet in 1999 and 2001 indicate that Tanner 
crab stocks may be improving. These indications are highly uncertain at 
this point. Surveys conducted in other regions of the GOA indicate that 
some Tanner crab stocks may be improving. ADF&G opened limited Tanner 
crab fisheries in nearby Kodiak in 2001 and 2002, and the South Alaska 
Peninsula in 2001.
    Although the State of Alaska manages crab fisheries in the GOA EEZ 
in the absence of Federal regulations, the Secretary retains management 
authority for groundfish fisheries in the GOA EEZ. The Board does not 
have authority to manage groundfish fisheries in the EEZ that may 
affect crab stocks. In June 1998, ADF&G submitted a proposal to the 
Council to prohibit the use of non-pelagic trawl gear in the EEZ of 
Cook Inlet. ADF&G submitted this proposal to effectively extend the 
existing State water prohibition on non-pelagic trawling to protect 
crab stocks that may occur in the EEZ of Cook Inlet. The Council 
adopted this proposal as Amendment 60 to the GOA FMP in September 2000.

Effects of Non-Pelagic Trawl Gear on Crab Resources

    Non-pelagic trawl gear may catch crab incidental to its target 
species. The amount of crab incidental catch or bycatch by non-pelagic 
trawl gear varies depending on the abundance of crab stocks, the type 
of trawl gear used, the type of substrate on which the gear is fishing, 
and the target species of the trawl gear. Non-pelagic trawl gear can 
impact crab populations in several ways. Non-pelagic trawl gear can 
cause direct mortality of crab through bycatch. Although numerous 
studies have been conducted on the impact of non-pelagic trawl gear on 
crab, the level of bycatch mortality varies. NMFS has restricted the 
use of non-pelagic trawl gear in several areas of the GOA that have 
historically supported crab fisheries where crab bycatch is relatively 
high compared to other areas (e.g., Amendment 26 to the GOA FMP, (58 FR 
503, January 6, 1993)). NMFS has implemented similar measures in the 
Bering Sea and Aleutian Islands management area (BSAI) groundfish 
fisheries in regions that support crab fisheries with high incidence of 
crab bycatch (e.g., Amendment 37 to the BSAI FMP, (61 FR 65985, 
December 12, 1996)).
    Non-pelagic trawl gear also may cause indirect mortality of crab. 
As non-pelagic trawl gear passes over the ocean floor, it may kill or 
damage crab that come into contact with the gear. Few

[[Page 40682]]

studies exist on the potential impacts of this indirect mortality on 
crab resources, but recent research described in the EA (see ADDRESSES) 
indicates that this indirect bycatch mortality may be less than 10 
percent of the crabs that encounter the gear.
    Finally, non-pelagic trawl gear may alter the benthic substrate so 
that it is less favorable to crab survival. Numerous studies exist on 
the potential impact of trawl gear on benthic habitats. Generally, 
these studies indicate that non-pelagic gear can damage sedentary 
megafauna (e.g., sponges, corals), reduce the overall diversity of 
sedentary organisms, smooth the surface of the ocean floor, and 
resuspend sediment near the ocean floor. Research outside of Alaska 
cited in the EA indicates that crab populations have a mixed response 
to this disturbance and some crab populations may benefit whereas 
others may not. No study has directly assessed the impacts of non-
pelagic trawl gear on crab habitat and crab populations in Alaska. The 
potential impact of indirect mortality due to gear interactions or 
habitat modification on Tanner and red king crab populations in Cook 
Inlet is unknown.

Groundfish Fisheries in Cook Inlet

    Groundfish fisheries in Cook Inlet have expanded in the past 10 
years. Historically, non-pelagic trawl gear has been little used in 
Cook Inlet. According to ADF&G data, from 1987-2000, only two vessels 
have used non-pelagic trawl gear in Cook Inlet--one vessel in 1990, and 
another vessel in 1995. Both of these vessels harvested a small amount 
of groundfish. No non-pelagic trawling has occurred in Cook Inlet since 
1995.
    Although a Pacific cod fishery developed in the EEZ of Cook Inlet, 
and has expanded since 1995, most of the harvest from this fishery 
comes from pot and longline gear. Despite sporadic interest by some 
fishermen to use non-pelagic trawl gear in the Cook Inlet EEZ, no one 
has recently used this gear type. The State has managed a Pacific cod 
fishery for pot and jig gears in the State waters of Cook Inlet since 
1997. Harvests in the State water Pacific cod fishery are well below 
the guideline harvest level allocated to the fishery in each of the 
past five years.

Effect of this Action

    The proposed measure would prevent potential adverse effects of 
non-pelagic trawl crab bycatch on low populations of Tanner and red 
king crab stocks in Cook Inlet. Although no crab fisheries currently 
exist in Cook Inlet and no recent non-pelagic trawling has occurred, 
this proposed action would prevent the development of a non-pelagic 
trawl gear fishery in an area that has supported a productive crab 
fishery. This proposed action would have no negative effect on existing 
levels of crab bycatch or non-pelagic trawling given the recent, though 
uncertain, indications that Cook Inlet crab stocks may be improving and 
the negligible use of non-pelagic trawl gear in this area.
    Although non-pelagic trawling may have an adverse effect on some 
sedentary megafauna and certain types of substrate, the potential 
impacts of non-pelagic trawl gear on crab populations are unknown. 
Given the negligible use of non-pelagic trawl gear in Cook Inlet, this 
proposed action would not be expected to have any impacts on crab 
habitat or benthic habitat in general. This action is a proactive 
measure to limit potential crab bycatch from non-pelagic fisheries that 
may develop in the future. Some vessel owners have indicated an 
interest in maintaining these areas open for non-pelagic trawling, 
although no effort has occurred recently. The proposed measure would 
reduce potential bycatch on crab resources currently at relatively low 
abundance, mirror existing regulations in State waters of Cook Inlet, 
and minimize potential adverse effects of non-pelagic trawl gear on the 
benthic habitat for crab and other groundfish stocks. This proposed 
rule would implement these benefits without adversely affecting any 
existing non-pelagic trawl gear fisheries.

Classification

    At this time, NMFS has not determined that the amendment this 
proposed rule would implement is 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.
    A notice of availability (NOA) of the FMP amendment was published 
on May 14, 2002 (67 FR 34424), with comments on the FMP amendment 
invited through July 15, 2002. Written comments may address the FMP 
amendment, the proposed rule, or both, but must be received by July 15, 
2002, to be considered in the decision to approve or disapprove the FMP 
amendment.
    The Council and NMFS prepared an IRFA that describes the impact 
this proposed rule, if adopted, would have on small entities. Analysis 
of catch data from 1987-2000 indicates that few, if any, vessels would 
be adversely affected by the Council's preferred alternative. One 
vessel used non-pelagic trawl gear in the EEZ of Cook Inlet in 1990 and 
another vessel in 1995. The specific amounts of harvest from these two 
vessels cannot be released due to State confidentiality requirements. 
However, the ex-vessel value of Pacific cod from both of these vessels 
was less than $10,000. This proposed action would not have any adverse 
impact on existing fishing vessels, given the negligible use of non-
pelagic trawl gear in Cook Inlet, the availability of other more 
productive non-pelagic trawl fisheries in other areas of the GOA, pot 
and jig gear fisheries for Pacific cod in the State waters of Cook 
Inlet, and a pot and longline gear fishery for Pacific cod in the EEZ 
of Cook Inlet. Numerous fishing opportunities exist for vessels within 
Cook Inlet, or outside of Cook Inlet if non-pelagic trawl gear is used. 
Nearby fishery-dependent communities and recreational fishermen would 
not be affected by the non-pelagic trawl gear ban.
    Likewise, this action is not expected to have any economic benefit 
for small entities, because no Tanner or red king crab fishery 
currently exists in Cook Inlet. This action may improve the prospects 
for rebuilding crab stocks. However, the potential economic benefits of 
this possibility are not now foreseeable. Although NMFS does not 
anticipate that this proposed rule would have a significant impact on a 
substantial number of small entities, it is unable to state this with 
certainty and, therefore, prepared an IRFA (see ADDRESSES).
    No new reporting or recordkeeping requirements are imposed by this 
proposed rule.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: June 7, 2002.
William T. Hogarth,
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., 3631 et seq., 
Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub. L. 106-31, 
113 Stat. 57; 16 U.S.C. 1540(f).

    2. In Sec. 679.22, paragraph (b)(7) is added to read as follows:

[[Page 40683]]

Sec. 679.22  Closures.

    (b) * * *
    (7) Cook Inlet. No person may use a non-pelagic trawl in waters of 
the EEZ of Cook Inlet north of a line from Cape Douglas (58 deg.51.10' 
N lat.) to Point Adam (59 deg.15.27' N. lat.).
[FR Doc. 02-14958 Filed 6-12-02; 8:45 am]
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