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Fisheries of the Exclusive Economic Zone Off Alaska; Revision of Steller Sea Lion Protection Measures for the Pollock and Pacific Cod Fisheries in the Gulf of Alaska
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[Federal Register: December 20, 2004 (Volume 69, Number 243)] [Rules and Regulations] [Page 75865-75877] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr20de04-21] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 040907255-4343-02; I.D. 082704E] RIN 0648-AS41 Fisheries of the Exclusive Economic Zone Off Alaska; Revision of Steller Sea Lion Protection Measures for the Pollock and Pacific Cod Fisheries in the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS publishes a final rule that revises Steller sea lion protection measures for the pollock and Pacific cod fisheries in the Gulf of Alaska (GOA). The revisions adjust Pacific cod and pollock fishing closure areas near four Steller sea lion haulouts and modify the seasonal management of pollock harvest in the GOA. The intent of the revisions is to maintain protection for Steller sea lions and their critical habitat while easing the economic burden on GOA fishing communities. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP), and other applicable laws. DATES: Effective January 19, 2005. ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact Review (EA/RIR) prepared for the rule and copies of the 2000 and 2001 Biological Opinions, and the June 19, 2003 supplement to the 2001 Biological Opinion, on the effects of the groundfish fisheries on Steller sea lions may be obtained from NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: Lori Durall, or from the NMFS Alaska Region website at http://www.fakr.noaa.gov.FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228 or melanie.brown@noaa.gov. SUPPLEMENTARY INFORMATION: The groundfish fisheries in the Exclusive Economic Zone of the GOA are managed under the FMP. The North Pacific Fishery Management Council (Council) prepared the FMP under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801, et seq. Regulations implementing the FMP appear at 50 CFR part 679. General regulations governing U.S. fisheries also appear at 50 CFR part 600. Background The western distinct population segment (DPS) of Steller sea lions has been listed as endangered under the Endangered Species Act (ESA), and critical habitat has been designated for this DPS (50 CFR 226.202). Temporal and spatial harvest restrictions were established for the groundfish fisheries of Alaska (68 FR 204, January 2, 2003) to protect Steller sea lions from jeopardy of extinction and their critical habitat from adverse modification or destruction from the effects of these fisheries. Pollock and Pacific cod are important prey species for Steller sea lions, and these protection measures apply to the pollock and Pacific cod fisheries in the GOA. In June 2004, the Council unanimously recommended revisions to the Steller sea lion protection measures in the GOA to alleviate some of the economic burden on coastal communities while maintaining protection for Steller sea lions and their critical habitat. These revisions adjust pollock and Pacific cod fishing closures near four Steller sea lion haulouts and revise seasonal management of pollock harvest. NMFS concluded that fishing under the proposed revisions is not likely to affect Steller sea lions or their critical habitat beyond those effects already considered in the 2000 FMP Biological Opinion (BiOp), the 2001 BiOp on the Steller sea lion protection measures, and the June 19, 2003 supplement to the 2001 BiOp (see ADDRESSES). NMFS has determined that this action could provide some economic relief to participants in the pollock and Pacific cod fisheries while maintaining protection for Steller sea lions and their critical habitat. The proposed rule for this action was published in the Federal Register on September 21, 2004 (69 FR 56384) with a comment period ending October 21, 2004. The details of each regulatory revision are contained in the proposed rule for this action. No changes were made from the proposed rule in the final rule. Comments and Responses Three emails and two letters containing seven separate comments were received regarding the proposed rule. The comments are summarized and responded to below. Comment 1: The commercial fishers are taking all of the fish so the Steller sea lions have nothing to eat. The commercial fishers should be thrown out of the GOA. Response: Several species of groundfish, notably pollock and Pacific cod, are important prey species for Steller sea lions in the GOA and are also targeted by the GOA groundfish fisheries. The pollock and Pacific cod fisheries potentially compete with Steller sea lions by reducing the availability of prey for foraging sea lions. However, this potential competition between commercial fishers and Steller sea lions for pollock and Pacific cod is addressed by regulations that limit the total amount of catch and impose temporal and spatial controls on harvest. These Steller sea lion protection measures are designed to preserve prey abundance and availability for foraging sea lions. Comment 2: The fishers are catching double what they are reporting, and no one checks that what they have on board is what they are reporting. When checked, the amount of fish on board is usually double what they have reported. Vessels should be seized, and the captain and crew should be jailed for a year for abusing the sacred trust to responsibly harvest groundfish. Response: NMFS disagrees with the commentor's assertion that groundfish fishers systematically under-report their catch. The recordkeeping and reporting requirements in these fisheries are comprehensive, and NMFS and United States Coast Guard law enforcement officers conduct numerous vessel boardings each year. Reporting violations occur, but they are relatively rare and are prosecuted pursuant to the Magnuson-Stevens Act. Comment 3: Quotas should be cut by 50 percent the first year and 10 percent each year after. Overfishing is occurring. Marine sanctuaries should be established. Response: This action revises certain Steller sea lion protection measures in the GOA, but does not specify groundfish harvest levels. The specification of harvest levels is done by separate rulemaking during the harvest specifications process. NMFS encourages the commentor to submit comments on the proposed 2005 and 2006 fishery specifications when they are published in the Federal Register for public comment. However, NMFS disagrees with the commentor's assertion that overfishing is occurring in the groundfish fisheries. NMFS manages these fisheries on a sustainable basis and notes that none of the groundfish stocks off Alaska is overfished. Additionally, this action does not address the creation of marine sanctuaries. The January 2004 draft [[Page 75866]] environmental impact statement for essential fish habitat discusses the effects of fishing on sensitive habitat features and evaluates a range of options for minimizing adverse effects, such as closing areas of rockfish habitat to bottom trawling. Further information on this draft EIS may be found at the NMFS Alaska Region website at http://www.fakr.noaa.gov.