[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Rules and Regulations]
[Pages 70859-70860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30133]



[[Page 70859]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0205222128-2267-02; 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:  Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues a final rule to implement Amendment 60 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska Area 
(FMP). This amendment prohibits 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), and is intended to further the goals and 
objectives of the FMP.

DATES:  Effective December 27, 2002.

ADDRESSES:  Copies of Amendment 60, the Environmental Assessment, 
Regulatory Impact Review and Initial Regulatory Flexibility Analysis, 
and Final Regulatory Flexibility Analysis (FRFA) prepared for this 
final rule may be obtained from the Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802-1668, Attn: Lori Gravel-Durall.

FOR FURTHER INFORMATION CONTACT: Glenn Merrill, (907) 586-7228 or email 
at [email protected].

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 authority of the Magnuson-Stevens Act. Regulations 
implementing the FMP and governing the groundfish fisheries of the GOA 
appear at 50 CFR, parts 600 and 679.

Background and Need for Action

    This final rule complies 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 (section 301(a)(9)).
    More specific authority for this action 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.''
    This final rule implements Amendment 60 to the FMP which prohibits 
the use of non-pelagic trawl gear in the exclusive economic zone (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.). 
Amendment 60 was adopted by the Council in September 2000 with the 
specific goal of reducing potential bycatch of crab in the EEZ of Cook 
Inlet in the GOA groundfish fishery.
    A notice of availability of Amendment 60 was published May 14, 2002 
(67 FR 34424), which invited public comment on the amendment until July 
15, 2002. No comments were received on this document. NMFS approved 
Amendment 60 on August 13, 2002. Meanwhile, NMFS published a proposed 
rule that would implement Amendment 60 if it were approved. The 
proposed rule was published June 13, 2002 (67 FR 40680), and invited 
public comments until July 29, 2002. No public comments were received.
    A detailed discussion of the status of crab and groundfish 
resources in Cook Inlet and the effect of this final rule may be found 
in the preamble to the proposed rule, published June 13, 2002 (67 FR 
40680).

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. In 1982, the State 
closed the red king crab fishery and it has remained closed. The 
commercial Tanner crab fishery of Lower Cook Inlet peaked in the early 
1970s then declined gradually until the fishery closed in 1995. These 
harvest patterns are similar to other Tanner and red king crab 
fisheries in the GOA.
    In response to concerns by fishermen and Alaska Department of Fish 
and Game (ADF&G) biologists about the potential impacts of non-pelagic 
trawl gear on crab bycatch and habitat, the Alaska Board of Fisheries 
prohibited the use of non-pelagic trawl gear in State waters 
encompassing primary crab habitat in 1990, and extended this 
prohibition to all of the State waters of Cook Inlet in 1996. Recent 
surveys in Cook Inlet in 1999 and 2001 indicate that Tanner crab stocks 
may be improving. However, these indications are highly uncertain at 
this time.
    The State manages crab fisheries in the GOA EEZ in the absence of 
Federal regulations. However, the Secretary retains management 
authority for groundfish fisheries in this area. In June 1998, the 
ADF&G submitted a proposal to the Council to prohibit the use of non-
pelagic gear in the EEZ of Cook Inlet. The Council adopted this 
proposal as Amendment 60 to the FMP in September 2000.

Effects of Non-Pelagic Trawl Gear on Crab Resources

    Non-pelagic trawl gear may catch crab incidental to its target 
groundfish species. The amount of crab caught and discarded 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 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.
    Additionally, non-pelagic trawl gear may alter the benthic 
substrate so that it is less favorable to crab survival. Generally, 
studies on the potential impact of trawl gear on benthic habitats 
indicate that non-pelagic trawl 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. No study has specifically assessed the 
impacts of non-pelagic trawl gear on crab habitat and crab populations 
in Alaska. The potential impact of mortality due to gear interactions 
or habitat modification on Tanner and red king crab populations in Cook 
Inlet is unknown. Amendment 60 will eliminate the potential adverse 
effects of non-pelagic trawl gear on the benthic habitat of Cook Inlet.

Groundfish Fisheries in Cook Inlet

    Historically, non-pelagic trawl gear has been little used in Cook 
Inlet.

[[Page 70860]]

 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.

Effect of This Action

    This final rule prevents potential adverse effects of non-pelagic 
trawl crab bycatch on the population 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 action will 
prevent the development of a non-pelagic trawl fishery in an area that 
historically has supported a productive crab fishery.
    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 habitat and populations in 
Alaska are unknown.
    This action is a proactive measure to limit potential crab bycatch 
from non-pelagic fisheries that may develop in the future. This final 
rule reduces the potential bycatch of crab resources, which currently 
are at relatively low abundance, mirrors existing regulations in State 
waters of Cook Inlet, and minimizes potential adverse effects of non-
pelagic trawl gear on the benthic habitat for crab and other groundfish 
stocks. This final rule implements these benefits without adversely 
affecting any existing non-pelagic trawl fisheries.

Changes from the Proposed Rule

    This final rule makes no changes from the proposed rule. NMFS 
invited public comment on the proposed rule implementing Amendment 60 
from June 13, 2002, through July 29, 2002 (67 FR 40680). No public 
comments were received.

Classification

    The Administrator, Alaska Region, NMFS, determined that the FMP 
amendment that this rule would implement is consistent with the 
national standards of the Magnuson-Stevens Act and other applicable 
laws.
    NMFS prepared an FRFA that describes the impact that this final 
rule would have on small entities. The overall impact of this amendment 
on small entities is minimal. Based on historic trends in 
participation, few if any small entities, would be adversely affected 
by this action. One vessel used non-pelagic trawl gear in the EEZ of 
Cook Inlet in 1990, and another vessel in 1995, both of which 
presumably qualify as small entities. This action would not have any 
adverse impact on existing fishing vessels, given the negligible use of 
non-pelagic gear in Cook Inlet currently, 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 using 
other legal types of fishing gear 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 this 
non-pelagic trawl ban.
    Likewise, this action is not expected to have any economic benefit 
for small entities. This action may improve the prospects for 
rebuilding crab stocks. However, no Tanner or red king crab fishery 
exists currently in Cook Inlet. Therefore, potential economic benefits 
of this possibility are not now foreseeable.
    At present NMFS does not have the full data necessary to determine 
the extent to which this action may impact small entities.
    No new reporting or recordkeeping requirements are imposed by this 
final rule. This final 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: November 21, 2002.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

    For the reasons discussed 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 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:


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. 02-30133 Filed 11-26-02; 8:45 am]
BILLING CODE 3510-22-S