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Fisheries of the Exclusive Economic Zone Off Alaska; Seasonal Adjustment of Closure Areas to Trawl Gear in the Central Regulatory Area of the Gulf of Alaska
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 3, 2000 (Volume 65, Number 128)]
[Proposed Rules]
[Page 41044-41047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy00-50]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 000627195-0195-01; I.D. 060500C]
RIN: 0648-AN94
Fisheries of the Exclusive Economic Zone Off Alaska; Seasonal
Adjustment of Closure Areas to Trawl Gear in the Central Regulatory
Area of the Gulf of Alaska
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 a regulatory amendment to implement a seasonal
closure of a portion of the Central Regulatory Area of the Gulf of
Alaska (GOA) to vessels using trawl gear. Regulatory authority also is
proposed
[[Page 41045]]
for inseason action to open directed fishing for pollock within 10
nautical miles (nm) of the Steller sea lion haulouts located at Gull
Point and Cape Barnabas for research purposes. These actions are
necessary to support NMFS-sponsored research on the effect of fishing
on localized pollock distribution and abundance. The proposed
regulatory amendment is intended to meet the objectives in the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and further the goals and objectives of the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMP).
DATES: Comments on the proposed rule must be received by July 18, 2000.
ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery
or courier delivery of comments may be sent to the Federal Building,
709 West 9th St., Room 453, Juneau, AK 99801. Comments will not be
accepted if submitted via e-mail or Internet. Copies of the
Environmental Assessment/Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) prepared for this action are
available from NMFS at the listed address, or by calling the Alaska
Region, NMFS, at (907) 586-7228.
FOR FURTHER INFORMATION CONTACT: Thomas Pearson, (907) 481-1780, fax
(907) 481-1781, or tom.pearson@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish
fisheries of the GOA under the FMP. The North Pacific Fishery
Management Council (Council) prepared the FMP under the Magnuson-
Stevens Act. Regulations governing the groundfish fisheries of the GOA
appear at 50 CFR parts 600 and 679.
This proposed regulatory action would impose a ban on all trawl
fishing in the Chiniak Gully region on the east side of Kodiak Island
and authorize a temporary reopening of the 10-nm zones around Gull
Point and Cape Barnabas to directed fishing for pollock. These fishing
restrictions would be in effect annually during the period of August
1st to no later than September 20 in the years 2000-2003.
These restrictions are necessary to support NMFS research designed to
identify and quantify the effects of commercial fishing on the
availability of pollock to foraging Steller sea lions within a finite
area. This research is intended to help assess the effectiveness and
efficiency of alternative management methods for ensuring that pollock
fisheries off Alaska neither jeopardize the continued existence of the
western population of endangered Steller sea lions nor adversely modify
its critical habitat. Currently the information available to evaluate
alternative methods for protecting Steller sea lions and their habitat
is very limited, which could result in the use of less effective and
less efficient management measures. NMFS is proposing a controlled
experiment off Kodiak Island in order to improve the information that
can be used to assess further management actions to protect Steller sea
lions and their habitat.
The proposed research is designed to provide information bearing on
the following issues: (1) Whether measurable changes exist in the
distribution and abundance of pollock during the 4-year duration of the
study, (2) whether commercial pollock fisheries cause short-term (days
to weeks) changes in the pollock school dynamics, and (3) whether
pollock fisheries cause reductions in the availability of sea lion
forage (i.e., pollock) in localized regions off the east side of Kodiak
Island.
NMFS plans to conduct an echo integration trawl (EIT) survey
before, during, and after the 'C' season commercial pollock
fishery off the east side of Kodiak Island in the years 2000 to 2003.
An EIT survey involves systematic survey vessel track lines over which
acoustic and research trawl data are collected and used to generate
estimates of abundances and distribution patterns of targeted species.
The 'C' season currently opens on August 20 (Sec. 679.22(d)(3)).
The experimental design proposes a feasibility study in the first
year and three full implementation experiments in 2001 to 2003. A
feasibility study is necessary because NMFS has not conducted EIT
surveys in the GOA during summer months and uncertainty exists whether
survey conditions will be suitable for identifying abundance and
distribution patterns of pollock. Questions also exist about conducting
an EIT survey in a small geographic area during the same time period
that commercial fisheries are operating.
The research proposal identifies two treatment (fishing areas)
areas at Barnabas Gully and Marmot Canyon where directed fishing for
pollock typically occurs. A control site (no fishing) also is proposed
in the Chiniak Gully area where trawl fishing will be prohibited in
Federal waters. The prohibition on trawling in the control site is
necessary to provide a basis for comparing pollock school dynamics in a
fished and unfished condition (addressing issue 2 above). These study
locations are proposed because they encompass historical fishing areas
for pollock that are separated by topographical features with generally
discrete concentrations of fish. The concentration of fishing effort in
the GOA enables the designation of comparable treatment and control
sites, which are essential to the study design.
In 2001 to 2003, the EIT research surveys would be conducted in the
same areas as the feasibility survey in 2000, with additional sampling
after the fishing season has ended. The consistency in area and season
(August to September) will enable researchers to obtain a time series
of data and evaluate the effects of interannual variation. The proposed
research could provide researchers with better information on pollock
movements and impacts of commercial pollock harvest on foraging
behavior of Steller sea lions.
A regulatory amendment is required to prohibit trawl fishing in the
control site and to allow fishing for pollock in the treatment sites,
including within the 10-nm zones surrounding the Cape Barnabas and Gull
Island Steller sea lion haulout sites that currently are closed to
directed fishing for pollock. To accomplish this objective, the
proposed regulatory amendment would implement two measures. First, it
would prohibit trawl fishing in the Chiniak Gully area off the east
side of Kodiak Island from August 1st to a date no later
than September 20th for four years (2000 to 2003). The
Chiniak Gully control site is defined by straight lines intersecting
the following coordinates in the order given: 152.37 deg. W. long.,
57.81 deg. N. lat.; 151.85 deg. W. long., 57.81 deg. N. lat.;
150.64 deg. W. long., 57.22 deg. N. lat.; 151.27 deg. W. long.,
56.98 deg. N. lat.; 152.16 deg. W. long., 57.62 deg. N. lat.; and
152.37 deg. W. long., 57.81 deg. N. lat.
The second management measure would authorize inseason action to
open directed fishing for pollock within 10 nm of the Steller sea lion
haulouts located at Gull Point and Cape Barnabas during the same period
of time the Chiniak Gully control site is closed if specified
conditions are met. Fishing within 10 nm of these two haulout sites
would be authorized as part of the treatment area of Barnabas Gully,
unless NMFS' EIT survey conducted as part of its proposed research
design prior to the August 20 opening of the pollock C season indicates
that the abundance and size distribution of pollock in the Barnabas
Gully area are insufficient to support a commercial fishery. If the
annual EIT survey fails to locate commercial concentrations of pollock
in
[[Page 41046]]
Barnabas Gully, the treatment area for a year would be moved from
Barnabas Gully to Marmot Canyon and the pollock fishing closures within
10 nm surrounding Cape Barnabas and Gull Point would remain effective.
These considerations are intended to focus the research area where
large concentrations of pollock are present to minimize the potential
for localized depletion.
Pursuant to section 7 of the Endangered Species Act (ESA), NMFS
completed a biological opinion (B.O.) on December 3, 1998, which was
revised December 16, 1998, that evaluated the effects of the Atka
mackerel fisheries of the Bering Sea and Aleutian Islands management
area (BSAI) and the pollock fisheries of the BSAI and the GOA on
candidate and listed species, including the Steller sea lion, and
designated critical habitat. The B.O. concluded that the Atka mackerel
fisheries were not likely to jeopardize candidate or listed species or
adversely modify any designated critical habitat. However, the B.O.
concluded that the pollock fisheries were likely to jeopardize the
endangered western population of Steller sea lions and adversely modify
its critical habitat. On October 15, 1999, NMFS issued revised final
reasonable and prudent alternatives (RFRPAs) to avoid the likelihood
that the pollock fisheries jeopardize the endangered western population
of Steller sea lions and adversely modify its critical habitat. The
RFRPAs were implemented by emergency interim rule at the commencement
of the 2000 pollock fisheries (65 FR 3892, January 25, 2000). This
emergency interim rule was extended through December 31, 2000 (65 FR
36795, June 12, 2000), to continue to implement RFRPAs to protect
Steller sea lions and their designated critical habitat. Among other
things, the RFRPAs allow the proposed research and directed fishing for
pollock to be authorized until permanent rulemaking is implemented.
The RFRPAs establish pollock ``no trawl zones'' in waters of the
GOA around Steller sea lion rookeries and major haulouts out to 10 nm.
Three exceptions to these closures were described, including one for
the Steller sea lion haulouts at Cape Barnabas and Gull Point, where
these sites may be opened for the purpose of conducting research to
determine the effects of the pollock fisheries on prey resources in
this area.
Species listed under the ESA are present in the action area and
some may be negatively affected by the proposed research. Therefore,
NMFS has initiated formal consultation under section 7 of the ESA on
the proposed action to authorize directed fishing for pollock within 10
nm of the Gull Point and Cape Barnabas haulout areas during the August
20 opening of the pollock ``C'' season in the GOA. Consultation will
need to be concluded prior to agency determination on whether or not to
approve the proposed action.
Classification
At this time, NMFS has not determined that the proposed seasonal
adjustments of fishery closures this rule would implement are
consistent with the national standards of the Magnuson-Stevens Act and
other applicable laws. NMFS, in making that determination, will take
into account the data, views, and comments received during the comment
period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
Nothing in this proposed action would result in any changes in
reporting or recordkeeping requirements. The analysis for this proposed
action did not reveal any existing Federal rules that duplicate,
overlap, or conflict with this action.
NMFS prepared an IRFA that describes the impact this proposed rule,
if adopted, may have on small entities. Most of the vessels that the
proposed rule would apply to are between 80 and 100 feet in length and
are small entities under the $3 million gross earnings criterion. This
action would apply to all of the approximately 200 groundfish trawl
vessels that participate in the Gulf of Alaska groundfish trawl
fisheries during the months of August and September. However, only
about 10 percent (20 vessels) have fished in the areas subject to the
controlled experiment during those months. Most of the vessels that
otherwise would trawl for groundfish in the proposed Chiniak Gully area
are home ported in and operate out of Kodiak, adjacent to the proposed
closure area. Although vessels would be able to harvest elsewhere, they
would be expected to incur some additional costs as a result of
traveling greater distances to alternative fishing areas. However,
these costs are expected to be low and would be short-lived while the
benefits of the improved information the controlled experiment is
designed to provide could be substantial. NMFS anticipates that the
information the experiment would produce would help decrease the risk
of not implementing effective measures to protect Steller sea lions,
and decrease the cost of providing a given level of protection for the
sea lions.
NMFS considered maintaining the status quo, which could have
resulted in less severe economic impacts on some small entities.
However, this alternative would not allow NMFS to conduct the
controlled experiment and obtain information that could be used to
assess further management actions to protect Steller sea lions and
their habitat. NMFS also considered an alternative that would exempt
small entities from the proposed time/area closure. However, such an
exemption would undermine the intent of the action to allow a
controlled experiment to assess the effects of trawl fishing on the
availability of prey for Steller sea lions. The preferred alternative,
which this proposed rule would implement, was designed to cause the
least economic impact to small entities while still obtaining the
necessary information to protect Steller sea lions. Without the
information obtained through this proposed action, other management
actions that would cause greater economic impacts, such as permanent
closure of all critical habitat to protect Steller sea lions, may have
to be implemented.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: June 27, 2000.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, 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 (b)(5) is added to read as follows:
Sec. 679.22 Closures.
* * * * *
(b) * * *
(5) Chiniak Gully Research Area (effective through December 31,
2003)--(i) Description of Chiniak Gully. The Chiniak Gully Research
Area is defined as that part of statistical Area 630 bounded by
straight lines connecting the coordinates in the order listed:
57.81 deg. N. lat., 152.37 deg. W. long.;
57.81 deg. N. lat., 151.85 deg. W. long.;
57.22 deg. N. lat., 150.64 deg. W. long.;
56.98 deg. N. lat., 151.27 deg. W. long.;
[[Page 41047]]
57.62 deg. N. lat., 152.16 deg. W. long.; and hence
counterclockwise along the shoreline of Kodiak Island to
57.81 deg. N. lat., 152.37 deg. W. long.
(ii) Closure. (A) The Chiniak Gully Research Area is closed to
vessels using trawl gear from August 1 to a date no later than
September 20, except that trawl gear may be tested in the manner
described at Sec. 679.24(d)(2) in the Kodiak Test Area defined at
Sec. 679.24(d)(4)(i) and illustrated in Figure 7 to this part.
(B) Prior to September 20, the Regional Administrator may publish
notification in the Federal Register rescinding the trawl closure in
the Chiniak Gully Research Area described in paragraph (b)(5)(i) of
this part and reinstating closures to directed fishing for pollock
within 10 nm of the Steller sea lion haulout sites located at Gull
Point and Cape Barnabas if such closures were rescinded under paragraph
(b)(5)(iii) of this section.
(iii) Exemption to Steller sea lion critical habitat closures. (A)
General. During the C season in Statistical Area 630 of the GOA,
defined at Sec. 679.23(d)(3)(iii) of this part, the Regional
Administrator may rescind the prohibition on directed fishing for
pollock within 10 nm of the Steller sea lion haulout sites at Cape
Barnabas and Gull Point on Kodiak Island, which are defined at
Sec. 679.22(b)(3)(ii)and Table 13 of this part.
(B) Criteria for exemption. NMFS will conduct an annual echo
integration trawl survey of pollock abundance and distribution off the
east side of Kodiak Island prior to the start of the pollock C season
defined at Sec. 679.23(d)(3)(iii). If survey results indicate that the
abundance and size distribution of pollock in the area between the
Steller sea lion haulouts at Cape Barnabas and Gull Point, defined at
Sec. 679.22(b)(3)(ii) and Table 13 of this part, are sufficient to
support a commercial fishery, then NMFS will authorize directed fishing
for pollock within 10 nm of these two haulout sites during that C
season.
(C) Notification. If the Regional Administrator rescinds the
closures to directed fishing for pollock around the Cape Barnabas and
Gull Point haulout sites under this paragraph (b)(5)(iii), NMFS will
publish notification in the Federal Register announcing this action
prior to the start of the pollock C season.
* * * * *
[FR Doc. 00-16770 Filed 6-30-00; 8:45 am]
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