[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Notices]
[Pages 3472-3474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-733]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 011806A]


Fisheries of the Exclusive Economic Zone off Alaska; Application 
for an Exempted Fishing Permit

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

ACTION: Notice of receipt of an application for an exempted fishing 
permit.

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SUMMARY: This notice announces receipt of an application for an 
exempted fishing permit (EFP) from the Aleut Enterprise Corporation 
(AEC). If granted, this permit would be used to support a project to 
investigate the feasibility of using commercial fishing vessels for 
acoustic surveys of pollock in the Aleutian Islands subarea. The 
project is intended to promote the objectives of the Fishery Management 
Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands 
Management Area (BSAI) by improving use of pollock in the Aleutian 
Islands subarea.

ADDRESSES: Copies of the EFP application and the environmental 
assessment (EA) are available by writing to Sue Salveson, Assistant 
Regional Administrator for Sustainable Fisheries, Alaska Region, NMFS, 
P. O. Box 21668, Juneau, AK 99802, Attn: Lori Durall. The EA also is 
available from the Alaska Region, NMFS website at http://www.fakr.noaa.gov/index/analyses/analyses.asp.

[[Page 3473]]


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

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish 
fisheries in the BSAI under the FMP. The North Pacific Fishery 
Management Council (Council) prepared the FMP under the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing 
the groundfish fisheries of the BSAI appear at 50 CFR parts 600 and 
679. The FMP and the implementing regulations at Sec. Sec.  679.6 and 
600.745(b) authorize issuance of EFPs to allow fishing that would 
otherwise be prohibited. Procedures for issuing EFPs are contained in 
the implementing regulations.
    NMFS received an application for an EFP from the AEC. The purpose 
of the EFP is to support a project to determine the feasibility of 
using commercial fishing vessels for acoustic surveys of pollock in the 
Aleutian Islands subarea. The goal of the project is to improve the use 
of Aleutian Islands pollock. NMFS currently does not have resources to 
conduct acoustic surveys of Aleutian Islands pollock. This project has 
been developed in cooperation with stock assessment scientists at the 
NMFS Alaska Fisheries Science Center. The acoustic and biological 
information from the project will be used to determine: (1) if it is 
feasible to conduct acoustic surveys in the Aleutian Islands subarea 
using commercial fishing vessels, (2) if the data collected in such a 
manner are of sufficient quality for management purposes, and (3) if 
the local aggregations of pollock are stable enough during spawning 
season to allow for fine scale spatial and temporal management. 
Additionally, genetic samples will be collected during this study that 
will be used for stock structure analysis. Improved information may 
lead to improved conservation and potentially finer spatial and 
temporal harvest management of Aleutian Islands pollock. More 
information on the Aleutian Islands pollock stock is needed because of 
the uncertainty of the stock's structure and the potential effects of 
the fishery on Steller sea lions.
    The western distinct population segment (DPS) of Steller sea lions 
occurs in the Aleutian Islands subarea and is listed as endangered 
under the Endangered Species Act (ESA). Critical habitat has been 
designated for this DPS, including waters within 20 nautical miles (nm) 
of haulouts and rookeries (50 CFR 226.202). Pollock is a principal prey 
species of Steller sea lions.
    The U.S. Congress, in section 803 of the Consolidated 
Appropriations Act of 2004 (Public Law 108-199), required that the 
directed fishing allowance of pollock in the Aleutian Islands subarea 
be allocated to the Aleut Corporation. Only fishing vessels approved by 
the Aleut Corporation or its agents are allowed to harvest this 
allowance. To harvest the fish, the Aleut Corporation is allowed to 
contract only with vessels under 60 feet (18.3 m) length overall (LOA), 
or vessels listed under the American Fisheries Act. The allocation was 
made to the Aleut Corporation for the purpose of furthering the 
economic development of Adak, Alaska. Public Law 108-199 requires half 
of the Aleutian Islands pollock allocation to be harvested by small 
boats (less than 60 feet (18.3 m) LOA) in 2013 and beyond. For safety 
reasons, fishing in waters closer than 20 nm from shore is preferred 
for the small boat fleet.
    Aleutian Islands pollock has been harvested primarily in Steller 
sea lion critical habitat in the past until the Aleutian Islands 
subarea was closed to pollock fishing in 1999 (64 FR 3437, January 22, 
1999). In 2003, the Aleutian Islands subarea was opened to pollock 
fishing outside of critical habitat under regulations implementing the 
current Steller sea lion protection measures (68 FR 204, January 2, 
2003). In 2005, pollock was allocated to the Aleut Corporation for a 
directed pollock fishery in the Aleutian Islands subarea outside of 
Steller sea lion critical habitat. The Aleut Corporation harvested only 
about 1.2 percent of its initial 2005 pollock allocation due, in part, 
to difficulty in finding pollock. Based on historical harvests, pollock 
aggregations necessary to support an acoustic survey likely occur 
inside Steller sea lion critical habitat.
    The EFP is necessary to allow the applicants to harvest groundfish 
to verify the acoustic data collected and to compensate the 
participants. The acoustic survey must be conducted in an area that is 
likely to contain concentrations of pollock. The EFP would provide 
exemptions to Steller sea lion closures to pollock fishing in two 
areas: Atka Island and Kanaga Sound. Two areas are provided for the 
project in the event that no aggregations of fish can be found in one 
of the areas. Only one area may be used for the acoustic survey and 
verification fishing. No more than 1000 metric tons (mt) of groundfish 
may be harvested from a single site in this project. Fishing may occur 
within 3 nm of Steller sea lion haulouts in the study area to verify 
acoustic survey data. No more than 10 mt of groundfish may be harvested 
in a tow within 3 nm of a haulout.
    All groundfish harvested will be counted towards the TAC amounts 
specified for the BSAI in Sec.  679.20 and the 2006 harvest 
specifications (70 FR 8679, February 24, 2005) which are scheduled for 
revision by the end of February 2006. Nearly all groundfish harvested 
under the EFP is expected to be pollock with minor amounts of Pacific 
ocean perch. Any groundfish fishing in the Aleutian Islands subarea 
closed to directed fishing due to overfishing concerns would include 
the directed fishing under the EFP.
    Overall, no more than 1,000 mt of groundfish would be harvested 
under the EFP by one vessel. The EFP applicant would retain all 
groundfish species to accurately document the catch amounts by species 
and compare this information to the acoustic data. The EFP would 
provide an exemption from maximum retainable amounts specified in Table 
11 of 50 CFR part 679 so that the applicant may retain and sell all 
groundfish harvested.
    The EFP may be modified to extend the effective date for an 
additional 12 months if the applicant is unable to complete the project 
in 2006. Fishing under the EFP is expected to occur during March 2006 
for approximately three weeks. Because the activities are limited to 
one vessel for approximately three weeks in a discrete area with a 
1,000 mt limit, significant impacts on the marine environment are not 
expected. Because the activity is in Steller sea lion critical habitat 
and includes the harvest of a principal prey species for Steller sea 
lions, a Section 7 consultation under the ESA has been initiated for 
this action and must be completed before the issuance of the EFP.
    In accordance with Sec.  679.6, NMFS has determined that the 
proposal warrants further consideration and has initiated consultation 
with the Council by forwarding the application to the Council. The 
Council will consider the EFP application during its February 6-13, 
2006 meeting. The applicant has been invited to appear in support of 
the application, if the applicant desires. Interested persons may 
comment on the application at the Council meeting during public 
testimony. Information regarding the February 2006 Council meeting is 
available at the Council's website at http://www.fakr.noaa.gov/npfmc/default.htm.
    Copies of the application and EA are available for review from NMFS 
(see ADDRESSES).

    Authority: 16 U.S.C. 1801 et seq.


[[Page 3474]]


    Dated: January 18, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-733 Filed 1-20-06; 8:45 am]
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