[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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