[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Rules and Regulations]
[Pages 11004-11007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5173]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 03114012-3046-02; 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: Final rule.

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SUMMARY: NMFS issues a final rule to seasonally close a portion of the 
waters located near Cape Sarichef in the Bering Sea subarea to directed 
fishing for groundfish by vessels using trawl, pot, or hook-and-line 
gear. This action is necessary to support NMFS research on the effect 
of fishing on the localized abundance of Pacific cod. It is intended 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: Effective March 15, 2003.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) and the 
Final Regulatory Flexibility Analysis (FRFA) prepared for this action 
are available from NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: 
Lori Durall, 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 (Magnuson-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 implement a seasonal closure to directed fishing for 
groundfish by vessels using trawl, pot, or hook-and-line gear in a 
portion of the waters off

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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 endangered 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 
measures are currently implemented to ensure that 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.
    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 by 
depleting the local Steller sea lion prey may adversely affect the 
critical habitat of Steller sea lions. 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 and requires that experimental pot gear be deployed before 
and after the period of intense trawl fishing for Pacific cod. NMFS 
will deploy pot fishing gear in the restriction area during March 15 
through March 31, a time period that historically includes a less 
intense rate of fishing during the winter trawl fishery for Pacific 
cod. This time period would reduce the risk of trawl gear disturbing 
the experimental pot gear. 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 vessels moving into the area due to the trawl closure. A 
concern also exists that pot and hook-and-line vessels would enter 
areas historically fished by trawl gear. A complete description of the 
study is available in the EA/RIR/IRFA for this action (see ADDRESSES).
    This final rule imposes a seasonal ban on all directed groundfish 
fishing by vessels using trawl, pot, or hook-and-line gear in waters 
located outside 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 regulatory language below.
    This fishing restriction will be in effect annually during the 
period of March 15 through March 31 in the years 2003 through 2006. The 
Council will review the experimental results after March 2003 to decide 
whether any changes to the rule are needed in 2004 through 2006.
    The proposed rule for this action was published in the Federal 
Register on January 23, 2003 (68 FR 3225). No comments were received 
during the 15-day public review and comment period, and no changes are 
made from the proposed rule in the final rule.

Classification

    NMFS has determined that the seasonal adjustments of fishery 
closure this rule implements is consistent with the national standards 
of the Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Nothing in this action results 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 action.
    The analysis for this action did not reveal any existing Federal 
rules that duplicate, overlap, or conflict with this action.
    An IRFA was prepared prior to publication of the proposed rule. The 
proposed rule was published in the Federal Register on January 23, 2003 
(68 FR 3225), and included a summary of the IRFA. The public comment 
period ended on February 7, 2003. No comments were received on the 
IRFA. The entities that will be regulated by this action are the 
catcher vessels and catcher processors that would have fished in the 
treatment area in the second half of March, and that will not be able 
to do so from 2003 through 2006. These include vessels using trawl, 
hook-and-line, and pot gear. The numbers of small and large entities 
active in Alaskan statistical area 655430 in the second half of March 
for each year from 1998 through 2001 ranged between 21 in 2000 and 57 
in 1998. This regulation does not impose new recordkeeping or reporting 
requirements on the regulated small entities.
    NMFS considered three alternatives to the proposed action. The 
status quo would not have accomplished the objectives of this action. A 
second alternative would have restricted trawling activities during the 
same period in an ``arc'' shaped treatment area that overlaps the 
treatment area in the preferred alternative. However, because of some 
differences in shape, the area in this alternative restricts trawling 
activity more than is necessary to increase the experimental results. 
Closing the area to trawling, but allowing an influx of hook-and-line 
and pot gear, may confound the experimental results and may lead to 
gear conflicts when the treatment area is reopened to trawling in early 
April. These negative impacts are mitigated by the preferred 
alternative which adjusts the area of the arc to avoid certain areas of 
particular concern to fishermen and prevents new entry by other gear 
users. A third alternative would have used the same treatment area as 
the second alternative, but would have restricted hook-and-line and pot 
activity as well as trawl activity. However, because of some 
differences in shape, the area in this alternative restricts trawling 
activity more than is necessary to increase the experimental results. 
This negative impact is mitigated by the preferred alternative which 
adjusts the area of the arc to avoid areas of particular concern to 
fishermen.
    This action must be effective by March 15, 2003, to facilitate 
NMFS' experiments to evaluate the effects of commercial trawl fishing 
on Pacific cod and to help determine whether commercial fisheries 
adversely affect the critical habitat of Steller sea lions by depleting 
the local Steller sea lion prey. The 16-day closure is necessary to 
ensure the quality of the information gathered, to prevent losses to 
NMFS from gear interactions, and to minimize disruption to trawl 
fishermen who have historically used this area. NMFS

[[Page 11006]]

selected the time period from March 15 - 31 for this experiment because 
it is historically a period of reduced fishing activity between the two 
periods of intense trawling activity. This time period also is expected 
to minimize gear conflicts. NMFS worked with the affected industry at 
the October 2002 Council meeting to tailor the closed area to minimize 
disruptions to fishing activity while accomplishing the goals of the 
experiment. Delaying this action for 30 days would unnecessarily 
jeopardize the experiment by preventing the collection of data during 
this 16-day trawling period. Accordingly, the need to publish this 
measure in a timely manner constitutes good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effective date.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: February 28, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, 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., and 3631 et 
seq.; Title II of Division C, Pub. L. 105 277; Sec. 3027, Pub. L. 
106 31, 113 Stat. 57.

    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 (applicable 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-S

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[GRAPHIC] [TIFF OMITTED] TR07MR03.018

[FR Doc. 03-5173 Filed 3-3-03; 3:16 pm]
BILLING CODE 3510-22-C