[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Proposed Rules]
[Pages 61775-61776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21385]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 051017269-5269-01; I.D. 100705C]
RIN 0648-AT54


Fisheries of the Exclusive Economic Zone Off Alaska; Cape 
Sarichef Research Restriction Area Opening for the Groundfish Fisheries 
of the Bering Sea and Aleutian Islands Management Area

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 to open the Cape Sarichef Research Restriction 
Area in the Bering Sea and Aleutian Islands Management Area (BSAI) to 
directed fishing for groundfish using trawl, pot, and hook-and-line 
gear from March 15, 2006, through March 31, 2006. Because NMFS' Alaska 
Fisheries Science Center (AFSC) will not conduct research in this area 
in 2006, closure of the Cape Sarichef Research Restriction Area is not 
needed. This action is intended to relieve an unnecessary restriction 
on groundfish fisheries and allow the optimum utilization of fishery 
resources, in accordance with the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). This proposed rule also 
would remove the regulations for the Cape Sarichef Research Restriction 
Area, as well as regulations for the Chiniak Gully Research Area 
because both research projects have ended.

DATES: Comments on this proposed rule must be received by November 25, 
2005.

ADDRESSES: Send written comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Hand delivery: 709 West 9th Street, Room 420A, Juneau, AK.
     E-mail: [email protected]. Include in the 
subject line the following document identifier: Cape Sarichef RIN 
0648[dash]AT54. E-mail comments, with or without attachments, are 
limited to 5 megabytes.
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.
     Fax: 907-586-7557.
     Mail: P.O. Box 21668, Juneau, AK 99802-1668.
    Copies of the regulatory impact review (RIR), prepared for this 
action are available from NMFS at the above address or from the NMFS 
Alaska Region website at www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Becky Carls, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone of the BSAI and Gulf of Alaska (GOA) are managed by NMFS 
under the Fishery Management Plans (FMPs) for Groundfish of the BSAI 
and Groundfish of the GOA. The FMPs were prepared by the North Pacific 
Fishery Management Council (Council) under the Magnuson-Stevens Act, 16 
U.S.C. 1801 et seq. Regulations governing U.S. fisheries and 
implementing the FMPs appear at 50 CFR parts 600 and 679.

Background and Need for Action

    In October 2002, the Council adopted a 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 Cape Sarichef just north of Unimak Pass in the Aleutians (68 
FR 11004, March 7, 2003). The purpose of that action was to support an 
AFSC research project testing the hypothesis that commercial trawl 
fishing imposed localized depletion on stocks of Pacific cod. The 
results of the research project had the potential to provide 
information on the impacts of fishing on Pacific cod stocks, and on 
Steller sea lion forage resources. That research was scheduled to occur 
in each of four consecutive years (2003 through 2006) between March 15 
and March 31. The closure of this area to pot, hook-and-line, and trawl 
gear users is applicable through March 31, 2006.
    In June 2005, AFSC staff reported to the Council that their 
research results over the first three years were so unambiguous and 
consistent that they were ending the study one year earlier than 
originally planned. The results of the Cape Sarichef study are 
available on the Internet at www.afsc.noaa.gov/Quarterly/amj2005/divrptsREFM6.htm. Because the study would not be conducted in 2006, 
AFSC staff indicated that the special closure of the study area for 
March 15-31, 2006, would not be needed. The Council recommended and 
NMFS is proposing to remove the closure specified in Sec.  
679.22(a)(11). Maintaining the closure in 2006 would

[[Page 61776]]

unnecessarily restrict the groundfish fisheries because no research 
will be conducted in 2006. Removing the 2006 trawl, pot, and hook-and-
line gear closure would allow vessels participating in groundfish 
fisheries to harvest their total allowable catch amounts without the 
operational constraints imposed by the closure.
    In addition, this regulatory amendment includes a housekeeping 
measure that would remove regulations for the Chiniak Gully Research 
Area off Kodiak Island, which were applicable through December 31, 
2004.

Proposed Changes to Regulations

    In Sec.  679.22, NMFS proposes to remove and reserve paragraphs 
(a)(11) and (b)(3). Figure 21 to part 679, which shows the Cape 
Sarichef Research Restriction Area, also would be removed and reserved.

Classification

    NMFS has determined that the proposed rule is consistent with the 
FMPs and preliminarily determined that the rule is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities as follows:

    The Initial Regulatory Flexibility Analysis (IRFA) prepared to 
support the original Cape Sarichef closure found that in the years 
1998 to 2001, between 36 and 67 entities had operated annually in 
the State of Alaska statistical area (655430) that includes the Cape 
Sarichef closure area. Smaller numbers had fished in the two most 
recent years. Between 21 and 56 of these appear to be small entities 
under the criteria used by the SBA to identify small fishing 
entities (annual gross revenues less than or equal to $3.5 million). 
The IRFA noted that affected operations could include vessels 
fishing with trawl gear, hook-and-line, and pots, and could include 
both catcher vessels and catcher processors. No entities are 
affected by removing the Chiniak Gully regulations because that 
closure is no longer applicable, and removal of the obsolete 
references to it in the regulations would be merely a housekeeping 
amendment.

    The IRFA noted that the original closure action had the 
potential to adversely affect the revenues and costs of directly 
regulated small entities. Expected impacts were reported likely to 
accrue due to reduced catch per unit effort in alternative ``open'' 
fishing areas, and possible crowding externalities (e.g., gear 
conflicts or displacement). In addition, by forcing operations to 
fish in different geographic and temporal patterns than they would 
otherwise have voluntarily chosen, the closure might be associated 
with some increased operating costs (e.g., longer running times and 
distances between port and remaining open fishing grounds). This 
action would rescind a fishing restriction that would otherwise 
continue to impose costs, but yield no further scientific benefit 
which was the offsetting factor that led to the original closure. 
The other aspect of this action simply excises obsolete language 
from the regulations pertaining to a fishing area closure that is no 
longer applicable. Therefore, the proposed action would cause no 
adverse economic impacts on small entities.

    In general, the IRFA for the original Cape Sarichef research 
closure found that the four-year duration of the action that was 
contemplated at the time would be associated with a very small 
potential for adverse impacts on small entities. The current action 
removes any further potential burden (i.e., costs) associated with 
the Cape Sarichef closure, but does so for only one of the four 
years initially evaluated. Because the currently closed area is 
closer to the ports where catcher vessels deliver their harvests 
than are the likely alternative fishing grounds, lifting the Cape 
Sarichef restriction would reduce running times, thus saving both 
time and fuel.

    In retrospect, the costs of the four year program appear to have 
been small based on the supporting analyses for the present action. 
The cost savings from relieving the Cape Sarichef restriction would 
be expected to be about one-fourth (one year's worth) of the impact 
of the original action. Therefore, the presently proposed action is 
not expected to have a significant impact on any small entities. 
Likewise, revocation of obsolete language for a closure that is no 
longer applicable would impose no discernable impacts, positive or 
negative, on small entities. This action would not place small 
entities at a competitive disadvantage to large entities.

    Because this proposed rule has no significant economic impacts on a 
substantial number of small entities, an initial regulatory flexibility 
analysis is not required and none has been prepared.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries.

    Dated: October 20, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
    For the reasons set out 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 part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 
note; 3631 et seq.


Sec.  679.22  [Amended]

    2. In Sec.  679.22, remove and reserve paragraphs (a)(11) and 
(b)(3).


PART 679--  [AMENDED]

    3. In part 679, remove and reserve Figure 21 to Part 679--Cape 
Sarichef Research Restriction Area (Applicable through March 31, 2006).
[FR Doc. 05-21385 Filed 10-25-05; 8:45 am]
BILLING CODE 3510-22-S