[Federal Register: January 23, 2003 (Volume 68, Number 15)]
[Proposed Rules]
[Page 3225-3228]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja03-22]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 030114012-3012-01; I.D. 121902F]
RIN 0648-AQ46
Fisheries of the Exclusive Economic Zone Off Alaska; Seasonal
Area Closure to Trawl, Pot, and Hook-and-Line Fishing in Waters off
Cape Sarichef
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: NMFS issues a proposed rule to seasonally prohibit directed
fishing for groundfish by vessels using trawl, pot, or hook-and-line
gear in waters located near Cape Sarichef in the Bering Sea subarea.
This action is necessary to support NMFS research on the effect of
fishing on the localized abundance of Pacific cod and to further the
goals and objectives of the Fishery Management Plan for the Groundfish
Fishery of the Bering Sea and Aleutian Islands Area (FMP).
DATES: Comments on the proposed rule must be received on or before
February 7, 2003.
ADDRESSES: Comments should be sent to Sue Salveson, Assistant Regional
Administrator for Sustainable Fisheries, Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802-1668, Attn: Lori Durall, or delivered to room
413-1 in the Federal Building at 709 W 9th St., Juneau, AK. Comments
also may be faxed to 907-586-7557, marked Attn: Lori Durall. Copies of
the Environmental Assessment/Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this action
are available from the same address or by calling the Alaska Region,
NMFS, at (907) 586-7228.
FOR FURTHER INFORMATION CONTACT: Melanie Brown at (907) 586-7228, or
melanie.brown@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish
fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI)
under the FMP. The North Pacific Fishery Management Council (Council)
prepared the FMP under the Magnuson-Stevens Fishery Conservation and
Management Act (Maguson-Stevens Act). Regulations governing the
groundfish fisheries of the BSAI appear at 50 CFR parts 600 and 679.
In October 2002, the Council adopted a proposed regulatory
amendment to seasonally prohibit directed fishing for groundfish by
vessels using trawl, pot, or hook-and-line gear in a portion of the
waters off Cape Sarichef in the Bering Sea subarea. The purpose of this
action is to support a NMFS research project investigating the effect
of commercial fishing on Pacific cod abundance in localized areas. This
study is an integral part of a NMFS comprehensive research program
designed to evaluate effects of fishing on the foraging behavior of
Steller sea lions. The western distinct population segment (DPS) of
Steller sea lions is listed as an endangered species under the
Endangered Species Act and is likely to be adversely affected by the
Atka mackerel, pollock, and Pacific cod fisheries. Steller sea lion
protection
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measures are currently implemented to ensure the pollock, Atka
mackerel, and Pacific cod fisheries are not likely to jeopardize the
continued existence of or adversely modify or destroy critical habitat
for the western DPS of Steller sea lions (68 FR 204, January 2, 2003).
Currently, the information available to evaluate alternative
methods for protecting Steller sea lions and their critical habitat is
very limited. Improved information could enhance the effectiveness and
efficiency of existing protection measures. NMFS and other management
agencies and organizations have undertaken numerous research
initiatives to learn more about Steller sea lions and interactions with
their environment, including fishery related effects potentially
associated with the ongoing decline of the western DPS of Steller sea
lions. One such activity is a controlled experiment by NMFS off Cape
Sarichef to improve the information that can be used to assess further
management actions to protect Steller sea lions and their critical
habitat.
The goal of the study is to evaluate the effects of commercial
trawl fishing on Pacific cod and to test a localized depletion
hypothesis. This hypothesis states that the commercial fisheries may
adversely affect the critical habitat of Steller sea lions by localized
depletion of Steller sea lion prey. This study is designed as a
comparison between sites within the area subject to intensive seasonal
trawling and control sites within a nearby zone where trawling is
prohibited. A complete description of the study is available in the EA/
RIR/IRFA for this action (see ADDRESSES).
This proposed rule would impose a seasonal ban on all directed
fishing for groundfish by vessels using trawl, pot, or hook-and-line
gear in all waters located outside of the existing 10 nm no trawl area
around Cape Sarichef and inside the boundary of the following
coordinates joined in order by straight lines:
54[deg]30' N lat., 165[deg]14' W long.;
54[deg]35' N lat., 165[deg]26' W long.;
54[deg]48' N lat., 165[deg]04' W long.;
54[deg]44' N lat., 164[deg]56' W long.; and
54[deg]30' N lat., 165[deg]14' W long.
Cape Sarichef is located at coordinates 164[deg]56.8' W long. and
54[deg]34.30' N lat. See Figure 21 in the proposed regulatory language
below.
This proposed fishing restriction would be in effect annually
during the period of March 15 through March 31 in the years 2003
through 2006. The Council would review the experimental results after
March 2003 to decide if any changes to the rule are needed in 2004
through 2006.
The trawl, pot, or hook-and-line fishing restriction is necessary
to support NMFS research designed to identify and quantify the effects
of commercial trawl fishing on the availability of Pacific cod to
foraging Steller sea lions within a finite area. This research is
intended to assess the effectiveness and efficiency of alternative
management methods for ensuring that Pacific cod fisheries off Alaska
neither jeopardize the continued existence of the western DPS of
endangered Steller sea lions nor adversely modify its critical habitat.
The design of this study requires that experimental pot gear be
deployed before and after the period of intense trawl fishing for
Pacific cod. NMFS would deploy pot fishing gear in the restriction area
during March 15 through March 31, a time period that historically
includes the intense trawl fishery for Pacific cod. The trawl closure
is necessary to prevent gear conflicts, including the risk of trawl
gear disturbing the experimental pot gear. Trawl gear contacting pot
gear would result in the displacement or loss of the pots. Pot loss or
displacement would lead to economic losses to NMFS and would reduce the
quality of the information gathered in the study. The commercial pot
and hook-and-line gear closures are necessary to ensure that observed
fishing effects are due to trawl fishing and not to additional fishing
effort by hook-and-line and pot gear vessels moving into the area due
to the trawl closure. A concern also exists that pot and hook-and-line
gear vessels would enter areas historically fished by trawl gear. The
pot and hook-and-line gear closures will prevent a redistribution of
these fisheries and potential future conflicts with trawl gear.
Classification
NMFS has determined that the seasonal adjustments of fishery
closures this proposed rule would implement are consistent with the
national standards of the Magnuson-Stevens Act and other applicable
laws.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed action does not result in any changes in reporting or
recordkeeping requirements.
Species listed under the Endangered Species Act (ESA) are present
in the action area. According to an informal consultation completed on
November 25, 2002, no listed species are likely to be adversely
affected by this proposed action.
The analysis for this proposed action did not reveal any existing
Federal rules that duplicate, overlap, or conflict with this action.
An IRFA to examine impacts of the preferred alternative on
regulated small entities was conducted for this action in accordance
with 5 U.S.C. 603(b). The proposed closure area is a small portion of
Alaska State statistical reporting area 655430 and very small portions
of areas 655410 and 645434. Observer data indicated that insignificant
amounts of groundfish fishing occurs in areas 655410 and 645434,
compared to 655430 and, therefore, catch data from these areas are not
included in the analysis for this action. The entities regulated by
this proposed action would be the catcher vessels and catcher-
processors that have fished in the closure area in the second half of
March, but that would not be able to do so during that period from 2003
through 2006. The estimated number of small entities that have fished
in this area at that time ranges from 21 to 56 per year from 1998
through 2001. Statistical area 655430 includes waters other than those
in the closure area; therefore, these estimates of entity numbers
likely are high based on the data available for analysis.
The estimated annual average gross revenues for these small
operations (from all their Alaskan fisheries) range between
approximately $1.02 million and $1.63 million from 1998 through 2001.
The estimated average gross revenues for these small entities in
statistical area 655430 during the last 2 weeks in March, were about
$10,000 in 1998, $18,000 in 1999, $19,000 in 2000, and $17,000 in 2001.
As noted earlier, statistical area 655430 includes waters outside of
the closure area; therefore, these estimates of average revenue
probably exceed average revenues earned in the closure area.
The preferred alternative would prevent trawling, hook-and-line,
and pot gear fishing in the closure area from March 15 to March 31 in
the years 2003 through 2006. Fishing vessels that would otherwise have
fished in the closure area during that period, would likely alter their
fishing patterns so as to fish elsewhere. Many vessels may fish in
waters to the north or northeast of the closure area. These alternative
waters are further from the delivery ports and support services
available at Akutan, Unalaska, and King Cove. These operational changes
may impose somewhat higher costs on the vessels, and may lead to some
loss of revenues. Moreover, the shift in fishing area may increase the
bycatch rate on non-targeted species.
[[Page 3227]]
The impacts of the proposed action on these operations will be
minor. The average gross revenues from statistical area 655430 are
minor compared to overall small entity average gross revenues over the
course of the year. They are also relatively minor compared to their
total revenues from fishing activity in the last 2 weeks of March.
These vessels likely would be able to alter their operations to
continue their fishing activity elsewhere in the second half of March
and, therefore, actual revenue loss should be much less than the
average revenue from the closure area. Thus, the average gross revenues
overstate the total adverse impact of the proposed rule on small
entities.
An IRFA should include a description of any significant
alternatives to the proposed rule that accomplish the stated objectives
of the Magnuson-Stevens Act and any other applicable statutes and that
would minimize any significant economic impact of the proposed rule on
small entities. Two alternatives that would have had less adverse
impacts on small entities were considered. Alternative 1, the status
quo alternative, would not have imposed restrictions on groundfish
fishing in this area. This alternative was rejected because it created
an unacceptably high risk of loss of experimental pot gear and
consequent reduction in the statistical power of the experiment. This
could have reduced the value of the experimental results for management
purposes. Alternative 2 would have only restricted trawling in the
closure area. This alternative was rejected because of concerns that,
with no trawling in the closure area, hook-and-line and pot gear
fishermen would enter in increasing numbers with consequent increased
removals of Pacific cod that might be interpreted by the experiment as
a trawl effect. Moreover, this alternative could have led to increased
risk of gear conflicts between trawl and hook-and-line and pot gear
following the end of the closure, as pot and hook-and-line gear vessels
moved into the area closed to trawling but historically fished with
trawl gear. Finally, the closure area under this alternative differed
in its dimensions from the closure area in this proposed rule; these
differences were introduced to reduce the adverse impact on small trawl
entities under the proposed rule.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: January 16, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,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 (a)(11) is revised to read as
follows:
Sec. 679.22 Closures.
* * * * *
(a)* * *
(11) Cape Sarichef Research Restriction Area (effective through
March 31, 2006)--(i) Description of Cape Sarichef Research Restriction
Area. The Cape Sarichef Research Restriction Area is all waters located
outside of the 10 nm no trawl area around Cape Sarichef, as described
in Tables 4 and 5 to this part, and inside the boundary of the
following coordinates joined in order by straight lines (Figure 21 to
part 679):
54[deg]30' N lat., 165[deg]14' W long.;
54[deg]35' N lat., 165[deg]26' W long.;
54[deg]48' N lat., 165[deg]04' W long.;
54[deg]44' N lat., 164[deg]56' W long.; and,
54[deg]30' N lat., 165[deg]14' W long.
(ii) Closure. The Cape Sarichef Research Restriction Area is closed
from March 15 through March 31 to directed fishing for groundfish by
vessels named on a Federal Fisheries Permit issued under Sec. 679.4(b)
and using trawl, pot, or hook-and-line gear.
* * * * *
3. Figure 21 to part 679 is added to read as follows:
BILLING CODE 3510-22-C
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[GRAPHIC] [TIFF OMITTED] TP23JA03.001
[FR Doc. 03-1466 Filed 1-22-03; 8:45 am]
BILLING CODE 3510-22-C