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Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Area; Amendment 58 To Revise the Chinook Salmon Savings Areas
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 12, 2000 (Volume 65, Number 198)]
[Rules and Regulations]
[Page 60587-60590]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc00-8]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 991210329-0273-02; I.D. 102699B]
RIN 0648-AM63
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Area; Amendment 58 To Revise the Chinook Salmon
Savings Areas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement Amendment 58 to the
Fishery Management Plan (FMP) for the Groundfish Fishery in the Bering
Sea and Aleutian Islands Area (BSAI). Amendment 58 established a
framework to allow NMFS to reduce the annual trawl bycatch limit for
chinook salmon and revised the Chinook Salmon Savings Area (CHSSA) in
the BSAI. Pursuant to this framework authority, NMFS hereby reduces the
annual trawl bycatch limit for chinook salmon. This action is necessary
to reduce chinook salmon bycatch and is intended to further the
conservation and management objectives of the FMP.
DATES: Effective November 13, 2000.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for
this action may be obtained from the Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802-1668; Attn: Lori Gravel, or by calling the
Alaska Region, NMFS, at 907-586-7228. Send any comments on any
ambiguity or unnecessary complexity arising from the language used in
this final rule to the Regional Administrator, Alaska Region, NMFS, 709
West Ninth Street, Federal Office Building, Suite 453, Juneau, AK
99801.
FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
BSAI under the FMP. The FMP is implemented by regulations appearing at
50 CFR part 679 issued under authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). General
regulations governing U.S. fisheries appear at 50 CFR part 600. The
North Pacific Fishery Management Council (Council) prepared the FMP
under authority of the Magnuson-Stevens Act.
Background
Trawl fisheries in the BSAI, particularly the midwater pollock
fishery, incidentally catch chinook salmon. Salmon are a prohibited
species in the BSAI groundfish fisheries. They cannot be retained and
must be returned to the sea as soon as possible with a minimum of
injury after they have been counted by a NMFS- certified observer.
However, the mortality rate for salmon caught in trawl fisheries is 100
percent as salmon cannot survive interception by traw l gear. Final
regulations published on November 29, 1995 (60 FR 61215), effective
January 1996, established annual prohibited species catch (PSC) limits
for chinook salmon and specific seasonal no-trawling zones in the CHSSA
that are triggered when the limits are reached. These existing
regulations prohibit trawling in the CHSSA through April 15 of each
year once the bycatch limit of 48,000 chinook salmon, as specified in
the FMP, is reached.
In 1999, the Council prepared Amendment 58 to the FMP to further
reduce bycatch of chinook salmon by trawl fisheries in the BSAI. NMFS
published a notice of availability (NOA) for this amendment in the
Federal Register at 64 FR 60157 on November 4, 1999. The public comment
period on the NOA ended on January 3, 2000; NMFS approved Amendment 58
on February 2, 2000. NMFS published a proposed rule to implement
Amendment 58 on December 21, 1999 (64 FR 71390). The comment period on
the proposed rule ended on February 4, 2000. NMFS received two letters
commenting on the proposed rule. Both letters expressed strong support
for the adoption of the rule with no changes recommended. NMFS concurs
and has made no changes to the final rule except that the starting year
for the chinook salmon bycatch reductions will be 2001 rather than
2000, as stated in the proposed rule, because the effective date of
this final rule will be too late to use 2000 as a starting year.
Additional background information supporting Amendment 58 and its
implementing rule was published in the Federal Register with the NOA
and proposed rule.
Elements of Amendment 58
Amendment 58 and this final rule implement the following regulatory
changes to trawl chinook salmon PSC limitations: (1) The chinook salmon
bycatch limit is reduced from 48,000 to 29,000 chinook salmon over a 4-
year period; (2) year-round accounting of chinook salmon bycatch is
established for the pollock fishery, beginning on January 1 of each
year; (3) the boundaries defining the CHSSA are revised; and (4) new
CHSSA closure dates are established.
Chinook Salmon Savings Area
Amendment 58 redefines the CHSSA as two non-contiguous areas of the
BSAI composed of eight geographic blocks, each defined by 1/2 deg.
latitude by 1 deg. longitude. Based on historical observer data, this
new definition better identifies areas of consistently high chinook
salmon bycatch rates in the pollock fishery.
Progressive Reduction of the Chinook Salmon Bycatch Limit
This action prohibits directed fishing for pollock by vessels using
trawl gear within the CHSSA when NMFS determines that the bycatch limit
for chinook salmon in the BSAI pollock trawl fisheries has been
attained for each year according to the following schedule:
------------------------------------------------------------------------
Chinook Salmon
Year Limit
------------------------------------------------------------------------
2001 41,000
2002 37,000
2003 33,000
[[Page 60588]]
2004 and after 29,000
------------------------------------------------------------------------
Accounting for the PSC limit begins on January 1 and continues
throughout the fishing year. Non-pollock fisheries, which account for
about 10 percent of the trawl chinook salmon bycatch, are exempt from
the closure of the CHSSA, and any chinook salmon bycatch in those
fisheries is not counted toward the PSC limit.
According to the bycatch data collected, chinook salmon are more
likely to be caught in the CHSSA before April 15, and after September
1. Therefore, in the event the chinook salmon limit is triggered before
April 15, the CHSSA would close immediately. The closure would be
removed on April 15, but would be reinitiated on September 1 and
continue through the end of the year. If the limit were reached after
April 15, but before September 1, then the CHSSA would close on
September 1. If the limit were reached after September 1, the CHSSA
would close immediately and not reopen until the following year on
January 1.
Classification
This action has been determined to be not significant under E.O.
12866. No new reporting, recordkeeping, or compliance requirements are
imposed by this final rule.
NMFS has prepared an FRFA that describes the economic impact this
action, if adopted, would have on small entities. A copy of this
analysis is available from NMFS (see ADDRESSES). No comments were
received on the Initial Regulatory Flexibility Analysis. A summary of
the FRFA follows:
The final rule would apply to the 128 fishing vessels permitted in
2000 to fish in the pollock fishery (21 catcher/processor permits, 107
catcher vessel permits). In 1997, pollock vessels harvested about 1.15
million mt of pollock, an ex-vessel value of about $227 million. Under
the rule, if a chinook salmon PSC limit is attained, all vessels would
be prohibited from directed fishing for pollock within the CHSSA. The
rule would affect all 128 vessels, including CDQ vessels. However, the
available pollock TAC would not be reduced; only the location of the
catch would be restricted. Therefore, this action should not prevent
these vessels' ability to harvest the entire amount, although pollock
catch rates could decrease as a direct result of a CHSSA closure.
During the summer months when chinook salmon bycatch has been
historically very low, the CHSSA would be open to directed fishing for
pollock even if the PSC limit has been previously attained. This action
specifically targets the pollock fishery, which is composed primarily
of large entities, historically responsible for the vast majority of
chinook salmon bycatch in the BSAI. All other fisheries in the BSAI,
many of which have a higher number and percentage of small entity
participation, are exempt from any trawling prohibitions that might
result from attainment of a PSC limit under this action. Also, chinook
salmon bycatch in these non-pollock fisheries would not be counted
toward the cap under this action. These exemptions minimize the impacts
on small entities while still achieving the objective of this action,
which is an overall reduction in chinook bycatch. In addition, NMFS
considered the alternative of maintaining the status quo, which could
have minimized impacts on small entities. However, that alternative
would not have achieved the objectives of this action. There are no
projected recording, recordkeeping, or other compliance requirements in
the rule.
The President has directed Federal agencies to use plain language
in their communication with the public, including regulations. To
comply with this directive, we seek public comment on any ambiguity or
unnecessary complexity arising from the language used in this final
rule. Such comments should be sent to the Alaska Regional Administrator
(see ADDRESSES).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: October 4, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out 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 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. 679.2, the definition for ``Chinook Salmon Savings Area
of the BSAI'' is revised to read as follows:
Sec. 679.2 Definitions.
* * * * *
Chinook Salmon Savings Area of the BSAI (see
Sec. 679.21(e)(7)(viii)).
* * * * *
3. In Sec. 679.7, paragraph (d)(9) is revised to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(d) * * *
(9) For the operator of an eligible vessel listed on an approved
CDP, use trawl gear to harvest pollock CDQ in the Chinook Salmon
Savings Area between January 1 and April 15, and between September 1
and December 31, after the CDQ group's chinook salmon PSQ is attained.
* * * * *
4. In Sec. 679.21, paragraphs (e)(1)(vii) and (e)(7)(viii) are
revised to read as follows:
Sec. 679.21 Prohibited species bycatch management.
* * * * *
(e) * * *
(1) * * *
(vii) Chinook salmon. The trawl closures identified in paragraph
(e)(7)(viii) of this section will take effect when the Regional
Administrator determines that the PSC limit of chinook salmon caught
while harvesting pollock in the BSAI between January 1 and December 31
is attained according to the following amounts identified for each
year:
------------------------------------------------------------------------
Chinook Salmon
Year Limit
------------------------------------------------------------------------
2001 41,000
2002 37,000
2003 33,000
2004 and after 29,000
------------------------------------------------------------------------
* * * * *
(7) * * *
(viii) Chinook salmon. (A) Closure. If, during the fishing year,
the Regional Administrator determines that catch of chinook salmon, by
vessels using trawl gear while directed fishing for pollock in the
BSAI, will reach the annual limit, as identified in paragraph
(e)(1)(vii) of this section, NMFS, by notification in the Federal
Register will close the Chinook Salmon Savings Area, as defined in
Figure 8 to this part, to directed fishing for pollock with trawl gear
consistent with the following dates:
(1) From the effective date of the closure until April 15, and from
September 1 through December 31, if the Regional Administrator
determines that the annual limit of chinook salmon will be attained
before April 15.
(2) From September 1 through December 31, if the Regional
Administrator determines that the annual limit of chinook salmon will
be attained after April 15.
* * * * *
5. In part 679, Figure 8 is revised to read as Figure 8a and Figure
8b:
[[Page 60589]]
Figure 8a to part 679. Chinook Salmon Savings Areas of the BSAI
a. Map
BILLING CODE 3510-22-S
[GRAPHIC] [TIFF OMITTED] TR12OC00.028
[[Page 60590]]
Figure 8b to part 679. Chinook Salmon Savings Areas of the BSAI
b. Coordinates
[GRAPHIC] [TIFF OMITTED] TR12OC00.029
[FR Doc. 00-26086 Filed 10-11-00; 8:45 am]
BILLING CODE: 3510-22-C