[Federal Register Volume 68, Number 15 (Thursday, January 23, 2003)]
[Proposed Rules]
[Pages 3225-3228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1466]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 030114012-3012-01; I.D. 121902F]
RIN 0648-AQ46


Fisheries of the Exclusive Economic Zone Off Alaska; Seasonal 
Area Closure to Trawl, Pot, and Hook-and-Line Fishing in Waters off 
Cape Sarichef

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

ACTION: Proposed rule.

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SUMMARY: NMFS issues a proposed rule to seasonally prohibit directed 
fishing for groundfish by vessels using trawl, pot, or hook-and-line 
gear in waters located near Cape Sarichef in the Bering Sea subarea. 
This action is necessary to support NMFS research on the effect of 
fishing on the localized abundance of Pacific cod and to further the 
goals and objectives of the Fishery Management Plan for the Groundfish 
Fishery of the Bering Sea and Aleutian Islands Area (FMP).

DATES: Comments on the proposed rule must be received on or before 
February 7, 2003.

ADDRESSES: Comments should be sent to Sue Salveson, Assistant Regional 
Administrator for Sustainable Fisheries, Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802-1668, Attn: Lori Durall, or delivered to room 
413-1 in the Federal Building at 709 W 9th St., Juneau, AK. Comments 
also may be faxed to 907-586-7557, marked Attn: Lori Durall. Copies of 
the Environmental Assessment/Regulatory Impact Review/Initial 
Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this action 
are available from the same address or by calling the Alaska Region, 
NMFS, at (907) 586-7228.

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

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish 
fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI) 
under the FMP. The North Pacific Fishery Management Council (Council) 
prepared the FMP under the Magnuson-Stevens Fishery Conservation and 
Management Act (Maguson-Stevens Act). Regulations governing the 
groundfish fisheries of the BSAI appear at 50 CFR parts 600 and 679.
    In October 2002, the Council adopted a proposed regulatory 
amendment to seasonally prohibit directed fishing for groundfish by 
vessels using trawl, pot, or hook-and-line gear in a portion of the 
waters off Cape Sarichef in the Bering Sea subarea. The purpose of this 
action is to support a NMFS research project investigating the effect 
of commercial fishing on Pacific cod abundance in localized areas. This 
study is an integral part of a NMFS comprehensive research program 
designed to evaluate effects of fishing on the foraging behavior of 
Steller sea lions. The western distinct population segment (DPS) of 
Steller sea lions is listed as an endangered species under the 
Endangered Species Act and is likely to be adversely affected by the 
Atka mackerel, pollock, and Pacific cod fisheries. Steller sea lion 
protection

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measures are currently implemented to ensure the pollock, Atka 
mackerel, and Pacific cod fisheries are not likely to jeopardize the 
continued existence of or adversely modify or destroy critical habitat 
for the western DPS of Steller sea lions (68 FR 204, January 2, 2003).
    Currently, the information available to evaluate alternative 
methods for protecting Steller sea lions and their critical habitat is 
very limited. Improved information could enhance the effectiveness and 
efficiency of existing protection measures. NMFS and other management 
agencies and organizations have undertaken numerous research 
initiatives to learn more about Steller sea lions and interactions with 
their environment, including fishery related effects potentially 
associated with the ongoing decline of the western DPS of Steller sea 
lions. One such activity is a controlled experiment by NMFS off Cape 
Sarichef to improve the information that can be used to assess further 
management actions to protect Steller sea lions and their critical 
habitat.
    The goal of the study is to evaluate the effects of commercial 
trawl fishing on Pacific cod and to test a localized depletion 
hypothesis. This hypothesis states that the commercial fisheries may 
adversely affect the critical habitat of Steller sea lions by localized 
depletion of Steller sea lion prey. This study is designed as a 
comparison between sites within the area subject to intensive seasonal 
trawling and control sites within a nearby zone where trawling is 
prohibited. A complete description of the study is available in the EA/
RIR/IRFA for this action (see ADDRESSES).
    This proposed rule would impose a seasonal ban on all directed 
fishing for groundfish by vessels using trawl, pot, or hook-and-line 
gear in all waters located outside of the existing 10 nm no trawl area 
around Cape Sarichef and inside the boundary of the following 
coordinates joined in order by straight lines:
    54[deg]30' N lat., 165[deg]14' W long.;
    54[deg]35' N lat., 165[deg]26' W long.;
    54[deg]48' N lat., 165[deg]04' W long.;
    54[deg]44' N lat., 164[deg]56' W long.; and
    54[deg]30' N lat., 165[deg]14' W long.
    Cape Sarichef is located at coordinates 164[deg]56.8' W long. and 
54[deg]34.30' N lat. See Figure 21 in the proposed regulatory language 
below.
    This proposed fishing restriction would be in effect annually 
during the period of March 15 through March 31 in the years 2003 
through 2006. The Council would review the experimental results after 
March 2003 to decide if any changes to the rule are needed in 2004 
through 2006.
    The trawl, pot, or hook-and-line fishing restriction is necessary 
to support NMFS research designed to identify and quantify the effects 
of commercial trawl fishing on the availability of Pacific cod to 
foraging Steller sea lions within a finite area. This research is 
intended to assess the effectiveness and efficiency of alternative 
management methods for ensuring that Pacific cod fisheries off Alaska 
neither jeopardize the continued existence of the western DPS of 
endangered Steller sea lions nor adversely modify its critical habitat.
    The design of this study requires that experimental pot gear be 
deployed before and after the period of intense trawl fishing for 
Pacific cod. NMFS would deploy pot fishing gear in the restriction area 
during March 15 through March 31, a time period that historically 
includes the intense trawl fishery for Pacific cod. The trawl closure 
is necessary to prevent gear conflicts, including the risk of trawl 
gear disturbing the experimental pot gear. Trawl gear contacting pot 
gear would result in the displacement or loss of the pots. Pot loss or 
displacement would lead to economic losses to NMFS and would reduce the 
quality of the information gathered in the study. The commercial pot 
and hook-and-line gear closures are necessary to ensure that observed 
fishing effects are due to trawl fishing and not to additional fishing 
effort by hook-and-line and pot gear vessels moving into the area due 
to the trawl closure. A concern also exists that pot and hook-and-line 
gear vessels would enter areas historically fished by trawl gear. The 
pot and hook-and-line gear closures will prevent a redistribution of 
these fisheries and potential future conflicts with trawl gear.

Classification

    NMFS has determined that the seasonal adjustments of fishery 
closures this proposed rule would implement are consistent with the 
national standards of the Magnuson-Stevens Act and other applicable 
laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed action does not result in any changes in reporting or 
recordkeeping requirements.
    Species listed under the Endangered Species Act (ESA) are present 
in the action area. According to an informal consultation completed on 
November 25, 2002, no listed species are likely to be adversely 
affected by this proposed action.
    The analysis for this proposed action did not reveal any existing 
Federal rules that duplicate, overlap, or conflict with this action.
    An IRFA to examine impacts of the preferred alternative on 
regulated small entities was conducted for this action in accordance 
with 5 U.S.C. 603(b). The proposed closure area is a small portion of 
Alaska State statistical reporting area 655430 and very small portions 
of areas 655410 and 645434. Observer data indicated that insignificant 
amounts of groundfish fishing occurs in areas 655410 and 645434, 
compared to 655430 and, therefore, catch data from these areas are not 
included in the analysis for this action. The entities regulated by 
this proposed action would be the catcher vessels and catcher-
processors that have fished in the closure area in the second half of 
March, but that would not be able to do so during that period from 2003 
through 2006. The estimated number of small entities that have fished 
in this area at that time ranges from 21 to 56 per year from 1998 
through 2001. Statistical area 655430 includes waters other than those 
in the closure area; therefore, these estimates of entity numbers 
likely are high based on the data available for analysis.
    The estimated annual average gross revenues for these small 
operations (from all their Alaskan fisheries) range between 
approximately $1.02 million and $1.63 million from 1998 through 2001. 
The estimated average gross revenues for these small entities in 
statistical area 655430 during the last 2 weeks in March, were about 
$10,000 in 1998, $18,000 in 1999, $19,000 in 2000, and $17,000 in 2001. 
As noted earlier, statistical area 655430 includes waters outside of 
the closure area; therefore, these estimates of average revenue 
probably exceed average revenues earned in the closure area.
    The preferred alternative would prevent trawling, hook-and-line, 
and pot gear fishing in the closure area from March 15 to March 31 in 
the years 2003 through 2006. Fishing vessels that would otherwise have 
fished in the closure area during that period, would likely alter their 
fishing patterns so as to fish elsewhere. Many vessels may fish in 
waters to the north or northeast of the closure area. These alternative 
waters are further from the delivery ports and support services 
available at Akutan, Unalaska, and King Cove. These operational changes 
may impose somewhat higher costs on the vessels, and may lead to some 
loss of revenues. Moreover, the shift in fishing area may increase the 
bycatch rate on non-targeted species.

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    The impacts of the proposed action on these operations will be 
minor. The average gross revenues from statistical area 655430 are 
minor compared to overall small entity average gross revenues over the 
course of the year. They are also relatively minor compared to their 
total revenues from fishing activity in the last 2 weeks of March. 
These vessels likely would be able to alter their operations to 
continue their fishing activity elsewhere in the second half of March 
and, therefore, actual revenue loss should be much less than the 
average revenue from the closure area. Thus, the average gross revenues 
overstate the total adverse impact of the proposed rule on small 
entities.
    An IRFA should include a description of any significant 
alternatives to the proposed rule that accomplish the stated objectives 
of the Magnuson-Stevens Act and any other applicable statutes and that 
would minimize any significant economic impact of the proposed rule on 
small entities. Two alternatives that would have had less adverse 
impacts on small entities were considered. Alternative 1, the status 
quo alternative, would not have imposed restrictions on groundfish 
fishing in this area. This alternative was rejected because it created 
an unacceptably high risk of loss of experimental pot gear and 
consequent reduction in the statistical power of the experiment. This 
could have reduced the value of the experimental results for management 
purposes. Alternative 2 would have only restricted trawling in the 
closure area. This alternative was rejected because of concerns that, 
with no trawling in the closure area, hook-and-line and pot gear 
fishermen would enter in increasing numbers with consequent increased 
removals of Pacific cod that might be interpreted by the experiment as 
a trawl effect. Moreover, this alternative could have led to increased 
risk of gear conflicts between trawl and hook-and-line and pot gear 
following the end of the closure, as pot and hook-and-line gear vessels 
moved into the area closed to trawling but historically fished with 
trawl gear. Finally, the closure area under this alternative differed 
in its dimensions from the closure area in this proposed rule; these 
differences were introduced to reduce the adverse impact on small trawl 
entities under the proposed rule.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: January 16, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,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 (a)(11) is revised to read as 
follows:


Sec.  679.22  Closures.

* * * * *
    (a)* * *
    (11) Cape Sarichef Research Restriction Area (effective through 
March 31, 2006)--(i) Description of Cape Sarichef Research Restriction 
Area. The Cape Sarichef Research Restriction Area is all waters located 
outside of the 10 nm no trawl area around Cape Sarichef, as described 
in Tables 4 and 5 to this part, and inside the boundary of the 
following coordinates joined in order by straight lines (Figure 21 to 
part 679):
    54[deg]30' N lat., 165[deg]14' W long.;
    54[deg]35' N lat., 165[deg]26' W long.;
    54[deg]48' N lat., 165[deg]04' W long.;
    54[deg]44' N lat., 164[deg]56' W long.; and,
    54[deg]30' N lat., 165[deg]14' W long.
    (ii) Closure. The Cape Sarichef Research Restriction Area is closed 
from March 15 through March 31 to directed fishing for groundfish by 
vessels named on a Federal Fisheries Permit issued under Sec.  679.4(b) 
and using trawl, pot, or hook-and-line gear.
* * * * *

    3. Figure 21 to part 679 is added to read as follows:

BILLING CODE 3510-22-C

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[FR Doc. 03-1466 Filed 1-22-03; 8:45 am]
BILLING CODE 3510-22-C