[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Proposed Rules]
[Pages 19454-19460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7380]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070322067-7067-01; I.D. 031407A]
RIN 0648-AU03


Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited 
Species Bycatch Management

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

ACTION: Proposed rule.

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SUMMARY:  NMFS proposes to amend regulations governing salmon bycatch 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to enhance the effectiveness of salmon bycatch 
measures by (1) exempting pollock vessels from Chinook and chum salmon 
savings area closures if they participate in an inter-cooperative 
agreement (ICA) to reduce salmon bycatch, and (2) exempting vessels 
participating in non-pollock trawl fisheries from chum salmon savings 
area closures because these fisheries intercept minimal amounts of 
salmon. The proposed rule is intended to promote the goals and 
objectives of the Fishery Management Plan for Groundfish of the Bering 
Sea and Aleutian Islands Management Area (FMP).

DATES: Written comments must be received by June 4, 2007.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian, Records Officer. Comments may be submitted by 
any of the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#6f5f595b57420e1a5f5c422d3c2e575b422e423f3d2f01000e0e41080019"><span class="__cf_email__" data-cfemail="a39395979b8ec2d693908ee1f0e29b978ee28ef3f1e3cdccc2c28dc4ccd5">[email protected]</span></a>. Include in the 
subject line the following identifier: BS salmon proposed rule. E-mail 
comments, with or without attachments, are limited to 5 megabytes;
    <bullet> Federal e-Rulemaking Portal: http:www.regulations.gov;
    <bullet> Mail to P.O. Box 21668, Juneau, AK 99802;
    <bullet> Fax: to (907) 586-7557; or
    <bullet> Hand Delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, AK.
    Copies of the Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this 
action

[[Page 19455]]

may be obtained from the same mailing address listed here or from the 
NMFS Alaska Region Web site at www.fakr.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS at ADDRESSES above and by e-mail 
to <a href="/cdn-cgi/l/email-protection#793d180f101d262b160a0d121c0b3916141b571c1609571e160f"><span class="__cf_email__" data-cfemail="c783a6b1aea39895a8b4b3aca2b587a8aaa5e9a2a8b7e9a0a8b1">[email protected]</span></a>, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Jason Anderson, 907-586-7228, or 
<a href="/cdn-cgi/l/email-protection#4822293b27266629262c2d3a3b27260826272929662f273e"><span class="__cf_email__" data-cfemail="630902100c0d4d020d070611100c0d230d0c02024d040c15">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the U.S. groundfish fisheries of the BSAI in the 
Exclusive Economic Zone under the FMP. The North Pacific Fishery 
Management Council (Council) prepared the FMP pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
Regulations implementing the FMP appear at 50 CFR part 679. General 
regulations that pertain to U.S. fisheries appear at subpart H of 50 
CFR part 600.
    Pacific salmon are caught incidentally in the BSAI trawl fisheries, 
especially in the pollock fishery. Of the five species of Pacific 
salmon, Chinook salmon (Onchorynchus tshawytscha) and chum salmon (O. 
keta) are most often incidentally caught in the pollock fishery. 
Pacific salmon are placed into two categories for purposes of salmon 
bycatch management: Chinook and non-Chinook. The non-Chinook category 
is comprised of chum, sockeye (O. nerka), pink (O. gorbuscha), and coho 
(O. kisutch) salmon. However, from 2001 through 2004, chum salmon 
represented about 98 percent of non-Chinook salmon harvested 
incidentally in the pollock trawl fisheries. For convenience, all non-
Chinook salmon are referred to as chum salmon.
    To address Chinook salmon bycatch concerns, the Council adopted 
several management measures designed to reduce overall Chinook salmon 
bycatch in the BSAI trawl fisheries. In 1995, the Council adopted, and 
NMFS approved, Amendment 21b to the FMP. Based on historic information 
on salmon bycatch, Amendment 21b established a Chinook salmon savings 
area (60 FR 31215, November 29, 1995). Under Amendment 21b, the Chinook 
salmon savings area closed when the incidental catch of Chinook salmon 
in BSAI trawl fisheries reached 48,000 fish. Amendment 58 to the FMP 
revised the Chinook salmon savings area measures (65 FR 60587, October 
12, 2000). Amendment 58 reduced the Chinook salmon bycatch limit from 
48,000 fish to 29,000 fish, mandated year-round accounting of Chinook 
bycatch in the directed pollock fishery, revised the boundaries of the 
Chinook salmon savings area closure, and implemented new closure dates. 
The timing of the closure depends on when the limit is reached. If the 
limit is reached:
    <bullet> Before April 15, the area closes immediately through April 
15. After April 15, the area re-opens, but closes again from September 
1 through December 31.
    <bullet> Between April 15 and September 1, the area would close 
from September 1 through the end of the year.
    <bullet> After September 1, the area closes immediately through the 
end of the year.
    The Chinook salmon savings area was further modified by Amendment 
82 to the FMP (70 FR 9856, March 1, 2005). Amendment 82 established a 
separate Aleutian Islands subarea bycatch limit that, when reached, 
closes the existing Chinook salmon savings area located in the Aleutian 
Islands subarea (Area 1). The Chinook salmon savings area located in 
the Bering Sea subarea remained unchanged, but was designated as Area 
2.
    The Council also adopted a time-area closure designed to reduce 
overall chum salmon bycatch in the BSAI trawl fisheries. In 1995, 
Amendment 35 to the FMP established the chum salmon savings area (60 FR 
34904, July 5, 1995). This area is closed to all trawling from August 1 
through August 31 of each year. Additionally, if 42,000 chum salmon are 
caught in the Catcher Vessel Operational Area (CVOA) during the period 
August 15 through October 14, the area remains closed for the remainder 
of the calendar year.
    Community development quota (CDQ) groups receive, along with 
allocations of groundfish CDQ, individual allocations of Chinook and 
non-Chinook annual bycatch amounts. Vessels groundfish CDQ fishing are 
not subject to the chum and Chinook salmon savings area closures that 
apply to the non-CDQ pollock fisheries. Rather, the Chinook salmon 
savings area closes to vessels directed fishing for pollock for a CDQ 
group once that CDQ group has reached its Chinook salmon bycatch limit. 
The chum salmon savings area closes to vessels using trawl gear to fish 
for groundfish CDQ once that CDQ group has reached its non-Chinook 
salmon bycatch limit. Thus, individual CDQ groups are subject to salmon 
savings area closures based on their respective catch of chum or 
Chinook salmon while groundfish CDQ fishing.
    The Chinook and chum salmon savings areas were adopted based on 
historic observed salmon bycatch rates and were designed to avoid high 
spatial and temporal levels of salmon bycatch. From 1990 through 2001, 
the BSAI salmon bycatch average was 37,819 Chinook and 69,332 chum 
annually. Recently, however, salmon bycatch numbers have increased 
substantially. In 2003, 54,911 Chinook salmon and 197,091 chum salmon 
were taken incidentally in the trawl fisheries. In 2004, salmon bycatch 
increased substantially to 62,493 Chinook and 465,650 chum salmon. 
Bycatch amounts remained high in 2005 and totaled 67,541 Chinook and 
116,999 chum salmon.
    Since its establishment in 1995, the Chinook salmon savings area 
closure only has been triggered since 2003. The Chinook salmon bycatch 
limit was not reached prior to 2003. In 2003, the Chinook salmon 
savings area closed to directed trawl fishing for non-CDQ pollock on 
September 1, with the closure remaining in effect until the end of the 
calendar year. In 2004, the Chinook salmon savings area closed to 
directed trawl fishing for non-CDQ pollock on September 5 through the 
end of the year. In 2005, the Chinook salmon savings area in the Bering 
Sea subarea was closed to directed trawl fishing for non-CDQ pollock on 
September 1 through the end of the year.
    Since establishment of the chum salmon savings area in 1995, the 
bycatch of non-Chinook salmon triggered closures in 2002, 2003, 2004, 
and 2005. In these years, the chum salmon savings area closed to non-
CDQ trawl fisheries in September and October.
    Anecdotal information from participants in the BSAI trawl fisheries 
indicated that salmon bycatch rates may be higher outside the Chinook 
and chum salmon savings area. In February 2005, the Council initiated 
an EA/RIR/IRFA to explore alternatives to the current salmon bycatch 
measures. Spatial and temporal comparisons of non-CDQ vessels fishing 
outside of the salmon savings areas with CDQ vessels fishing inside of 
the salmon savings areas indicated that bycatch rates were much higher 
outside of the savings areas.
    In October 2005, the Council adopted Amendment 84 to the FMP. 
Amendment 84 would exempt non-CDQ and CDQ pollock vessels participating 
in a salmon bycatch reduction ICA from closures of the Chinook and chum 
salmon savings areas in the Bering Sea. Additionally, vessels 
participating in trawl fisheries for species other than

[[Page 19456]]

pollock would be exempt from chum salmon savings area closures. The 
Council and NMFS intend to use NMFS salmon bycatch information to 
assess the effectiveness of regulations implementing Amendment 84 at 
reducing salmon bycatch in the directed pollock fisheries. The Council 
also asked for participants in the salmon bycatch reduction ICA to 
report annually on how effective the ICA appears to be at reducing 
salmon bycatch. The Council also will gather additional information to 
assess the effectiveness of the ICA in coordinating voluntary salmon 
bycatch reduction efforts by participants in the Bering Sea pollock 
fisheries. Additionally, this information could be used to further 
assess whether participants fishing in the current salmon savings areas 
continue to encounter lower salmon bycatch rates than participants 
fishing outside of salmon savings areas.
    The Council is also developing a separate FMP amendment that could 
result in additional management measures to reduce salmon bycatch. 
These measures could include altering the geographic coordinates of the 
Chinook and chum salmon savings areas based on recent bycatch rates, 
and implementing an individual salmon bycatch accountability program. 
However, the Council determined that consideration of these management 
measures would require additional time and chose to expedite Amendment 
84 while the Council develops the second amendment.

Salmon Bycatch Reduction ICA

    Amendment 84 proposes a management program intended to enable the 
pollock fleet to utilize its internal cooperative structure to reduce 
salmon bycatch. If Amendment 84 is approved and implemented, salmon 
savings area closures would not apply to vessels that operate under a 
salmon bycatch reduction ICA. Rather, the agency intends that salmon 
bycatch would be reduced as ICA parties comply with the provisions of 
the ICA. The ICA, including its enforcement mechanism, is discussed 
further below.
    The salmon bycatch reduction ICA is intended to reduce salmon 
bycatch in the BSAI non-CDQ and CDQ pollock fisheries. American 
Fisheries Act (AFA) pollock fishery participants would incorporate the 
ICA into existing cooperative agreements.
    CDQ groups, western Alaska community organizations, and AFA 
cooperatives would be eligible to become parties to the ICA. Parties to 
the ICA could include the following AFA cooperatives: Pollock 
Conservation Cooperative, the High Seas Catchers Cooperative, the 
Mothership Fleet Cooperative, the Inshore Cooperatives (Akutan Catcher 
Vessel Association, Arctic Enterprise Association, Northern Victor 
Fleet Cooperative, Peter Pan Fleet Cooperative, Unalaska Fleet 
Cooperative, Unisea Fleet Cooperative and Westward Fleet Cooperative) 
and all six CDQ groups. Additionally, western Alaskan groups who have 
an interest in the sustainability of salmon resources could be parties 
in the ICA. The ICA must identify at least one third party group 
representing western Alaskans who depend on salmon and have an interest 
in salmon bycatch reduction.
    The purpose of the ICA would be to use real-time salmon bycatch 
information to avoid high incidental catch rates of chum and Chinook 
salmon. The ICA would be a contractual agreement among the parties. All 
parties to the ICA would agree to comply with ICA provisions, including 
requirements to retain the services of a private contractor to collect 
and analyze bycatch data and report salmon bycatch information to the 
ICA parties.
    The ICA would require that the third party hired to facilitate 
salmon bycatch avoidance compare the bycatch rate of a participating 
cooperative to a pre-determined bycatch rate (base rate). All ICA 
provisions for fleet bycatch avoidance behavior, closures, and 
enforcement would be based on the ratio of the cooperative's rate to 
the base rate.
    The third party entity hired to facilitate salmon bycatch avoidance 
would assign an ICA cooperative to one of three tiers based on its 
bycatch rate relative to the base rate. Higher tiers correspond to 
higher bycatch rates. Tier assignments determine access privileges to 
specific fishing areas. The ICA would prohibit a participant assigned 
to a high tier from fishing in a relatively larger geographic area to 
avoid high bycatch areas. Conversely, the ICA would grant access to a 
wider range of fishing areas to a participant assigned to a low tier 
based on fishing behavior that results in relatively low bycatch. The 
contractor would track bycatch rates for each participant. The ICA 
would specify a participant's tier assignment each week based on that 
participant's bycatch rate for the previous week. Thus, participants 
would have incentives to avoid fishing behavior that results in high 
bycatch rates.
    Monitoring and enforcement would be facilitated through the ICA. 
Any of the parties to the ICA may bring civil suit or initiate a 
binding arbitration action against another party for violating the ICA. 
For example, a participant that fishes for pollock in a prohibited area 
based on its tier assignment would be subject to a monetary penalty. 
The ICA would include a penalty schedule for violating these tier 
closures.
    As described above, two western Alaska salmon user groups could be 
parties to the ICA. These groups do not participate in commercial 
groundfish fisheries off Alaska. However, they represent subsistence 
salmon users, and are concerned about the amount of salmon bycatch 
taken in the groundfish fisheries. Because their members are partially 
dependent on healthy salmon returns, the western Alaska user groups 
have incentives to reduce salmon bycatch in the groundfish fisheries 
and monitor performance of the ICA's bycatch reduction measures. The 
Council's intent is that their participation in the ICA may improve 
monitoring and compliance among the parties. If either of these western 
Alaska user groups determines that fishing is not in compliance with 
the ICA, the user group could bring civil suit against the offending 
parties.

Chum Salmon Savings Area Exemption

    Vessels participating in non-pollock trawl fisheries currently are 
subject to the chum salmon savings area closure. However, the best 
available information summarized in the EA/RIR/IRFA prepared for this 
action indicates that 97 percent of the 2002 and 2003 chum salmon 
bycatch occurred in the pollock fisheries. Because the non-pollock 
trawl sector accounts for such a small portion of the chum bycatch, the 
Council recommended exempting all non-pollock trawl vessels from the 
chum salmon savings area closure. While this proposed rule would exempt 
non-pollock trawl vessels from this closure, any chum salmon bycatch by 
these vessels would continue to contribute towards triggering closures.

Proposed Changes to Regulations

    The salmon bycatch reduction ICA would be defined at Sec.  679.2 as 
a voluntary civil agreement among pollock cooperatives, CDQ groups, and 
western Alaska subsistence salmon user groups that is intended to 
coordinate the pollock fishery in a manner that reduces incidental 
catch rates of salmon.
    Prohibitions at Sec.  679.7 would be revised to incorporate the 
primary elements of this proposed action into two existing prohibitions 
specific to CDQ fisheries. Section 679.7(d)(9) and (10) would be 
revised to extend the exemptions from salmon savings area closures to 
vessels participating in the pollock CDQ fishery under a salmon

[[Page 19457]]

bycatch reduction ICA. Additionally, Sec. Sec.  679.7(d)(10), 
679.21(e)(7)(vii), and 679.22(a)(10) would be revised to exempt trawl 
vessels directed fishing for groundfish other than pollock from the 
chum salmon savings area closure.
    Regulations at Sec. Sec.  679.21(e)(7)(ix) would be revised to 
exempt pollock trawl vessels participating in a salmon bycatch 
reduction ICA from closures in Area 2 of the Chinook salmon savings 
area. Vessels that are not participating in the salmon bycatch 
reduction ICA would remain subject to Chinook and chum salmon savings 
area closures.
    As noted above, NMFS would not enforce provisions of the salmon 
bycatch reduction ICA. However, these proposed regulations would 
require the ICA to include basic provisions necessary to reduce salmon 
bycatch in the pollock fisheries. Additionally, NMFS would review the 
ICA for compliance with regulations. An ICA that includes these basic 
provisions would be approved by NMFS. If NMFS does not approve an ICA, 
participants would be able to appeal that determination, subject to 
current regulations at Sec.  679.43. The process for submitting and 
obtaining NMFS approval of an ICA would be described at Sec.  
679.21(g). Additionally, Sec.  679.21(g)(4) would establish an initial 
deadline of December 1, 2007, for the 2008 fishing year, and the ICA 
would remain in effect until it expires or is amended. An amendment of 
the ICA would require submission of an amended ICA signed by all 
parties and approval by final agency action of the amended ICA by NMFS.
    Minimum requirements for an ICA would be described at Sec.  
679.21(g)(6). The proposed rule would require the salmon bycatch 
reduction ICA to list the parties to the agreement, describe how 
participants would avoid salmon bycatch in directed pollock fisheries, 
and describe internal monitoring and enforcement mechanisms for the 
ICA. It would require the ICA to identify at least one private firm 
retained to facilitate bycatch avoidance behavior and information 
sharing. It would require the ICA to dictate salmon bycatch avoidance 
behaviors for vessel operators subject to the ICA. In addition, it 
would require the ICA to specify a salmon bycatch base rate, a method 
for assigning a cooperative or CDQ group to one of three tiers based on 
its salmon bycatch rate relative to the salmon bycatch base rate and 
provisions for governing access to fishing areas by cooperatives or CDQ 
groups assigned to each tier. Finally, it would require the ICA to 
require all parties to comply with the provisions of the ICA.
    The proposed rule also would require the ICA to include the names, 
Federal fisheries permit numbers, and United States Coast Guard (USCG) 
vessel identification numbers of vessels subject to the salmon bycatch 
reduction ICA. Finally, the proposed rule would require the ICA to list 
the name, business address, and phone number of the person who will 
annually file the ICA with NMFS.
    The proposed rule also would require participants to procure an 
external compliance audit. If the compliance audit reveals a previously 
unidentified violation of the terms of the ICA, the information used to 
determine that this violation occurred would be required to be 
disseminated to all participants. Furthermore, if a violation of the 
ICA is identified at any time, but a penalty is not assessed, the 
information used to identify that violation would be required to be 
disseminated to all participants. These provisions are intended to 
increase transparency for the participants, and allow each participant 
to monitor compliance with the terms of the ICA.
    If the Council determined that the salmon bycatch reduction ICA did 
not effectively reduce salmon bycatch, it could initiate a separate 
action to accomplish salmon bycatch reduction goals. Additionally, NMFS 
is concerned about the effective execution of the terms and conditions 
of the ICA. To address these concerns, regulations at Sec.  
679.61(f)(2)(vi) would require AFA annual reports to include the number 
of violations of the ICA, the nature of those violations, and the 
penalty imposed, if any, against the violating party.
    Public comments are being solicited on the FMP amendment through 
the end of the comment period stated in the NOA. Public comments on the 
proposed rule must be received by the end of the comment period on the 
amendment, as published in the NOA, to be considered in the approval/
disapproval decision on the amendment. All comments received by the end 
of the comment period on the amendment, whether specifically directed 
to the amendment, or the proposed rule, will be considered in the 
approval/disapproval decision. Comments received after that date will 
not be considered in the approval/disapproval decision on the 
amendment. To be considered, comments must be received by close of 
business on the last day of the comment period; that does not mean 
postmarked or otherwise transmitted by that date.

Classification

    At this time, NMFS has not determined that the FMP/amendment that 
this rule would implement is 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 Executive Order 12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) as 
required by section 603 of the Regulatory Flexibility Act. The IRFA 
describes the economic impact this proposed rule, if adopted, would 
have on small entities. A description of the action, why it is being 
considered, and the legal basis for this action are contained at the 
beginning of the preamble and in the SUMMARY section of the preamble. A 
copy of the IRFA is available from NMFS (see ADDRESSES). A summary of 
the analysis follows.
    This action proposes to exempt vessels participating in directed 
pollock fishing from Chinook and chum salmon savings area closures if 
they participate in a salmon bycatch reduction ICA. The ICA is intended 
to reduce salmon bycatch in the BSAI AFA and CDQ pollock fisheries. 
Additionally, this proposed rule would exempt all non-pollock trawl 
vessels from the chum salmon savings area closure.
    In 2003, about 116 trawl catcher vessels operated in the BSAI with 
gross revenues less than $3.5 million. NMFS records indicate that 112 
BSAI catcher vessels were members of AFA cooperatives. Because of Small 
Business Administration affiliation guidelines, all AFA vessels are 
considered large entities. Therefore, four BSAI trawl catcher vessels 
appear to qualify as small entities. Additionally, NMFS' 2003 data 
indicates that three non-AFA catcher processor trawl vessels had gross 
revenues less than $3.5 million.
    Alternative 1, the status quo, has resulted in increases in salmon 
bycatch in the Bering Sea pollock trawl fishery in recent years. This 
translates into foregone salmon value, assuming full terminal harvest 
of salmon bycatch, of nearly $1 million for Chinook and more than $250 
thousand for chum in 2003. These values very likely overstate the 
actual harvest that might have occurred if salmon bycatch had not been 
taken in the Bering Sea pollock trawl fishery. Unfortunately, it is not 
possible to estimate actual harvest value more accurately at this time. 
However, the increases in salmon bycatch under the status quo likely 
results in increases in foregone value and decreased benefits of 
bycatch reduction. The status quo could also lead to future 
restrictions on the

[[Page 19458]]

Bering Sea pollock trawl fleet to reduce the incidental take of Chinook 
salmon listed under the Endangered Species Act.
    Alternative 2 would eliminate the salmon savings closure areas 
altogether. The result would likely be reduced operational costs, 
improved vessel safety, improved product quality, and reduced 
management and enforcement costs. However, in the absence of any 
bycatch reduction measures this alternative may result in further 
increase in salmon bycatch in the Bering Sea pollock trawl fishery. 
Were that to occur, the foregone value of such bycatch would increase 
and the associate benefits of bycatch reduction would decrease, 
possibly dramatically. This could also result in the increased take of 
listed Chinook salmon in the Bering Sea pollock trawl fisheries.
    Alternative 3 would be implemented by this proposed rule. It would 
exempt vessels participating in a salmon bycatch reduction ICA from the 
BSAI salmon savings area closures. It is expected to reduce salmon 
bycatch in the BSAI pollock fisheries by penalizing participants that 
exhibit high salmon bycatch rates and rewarding participants that 
exhibit low salmon bycatch rates. Vessels participating in a salmon 
bycatch reduction ICA would be subject to a dynamic system of rolling 
``hot spot'' closures dictated by the ICA and designed to reduce salmon 
bycatch. This alternative would likely reduce operational costs, 
improve vessel safety, and improve product quality. Alternative 3 also 
has the potential to reduce salmon bycatch more than the status quo 
management measures. If that potential is realized, Alternative 3 would 
reduce foregone value of salmon bycatch and increase the overall 
benefits of bycatch reduction. Alternative 3 also provides some 
mitigation possibilities for western Alaska subsistence salmon user 
groups by including them as parties to the ICA and enabling them to 
enforce compliance with the ICA's salmon bycatch reduction measures in 
Bering Sea pollock fisheries.
    Alternative 3 would reduce management and enforcement costs for 
government agencies by transferring much of that cost to the fishing 
industry. The industry has volunteered to bear this cost in hopes of 
reducing operational costs associated with the status quo while at the 
same time attempting to reduce salmon bycatch. If bycatch is not 
reduced under Alternative 3, additional restrictions on the fleet could 
result.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval under 
OMB control number 0648-0401. Public reporting burden is estimated per 
response to average: 40 hours for salmon bycatch reduction inter-
cooperative agreement (ICA); 15 minutes for renewal of ICA; 28 hours 
for preliminary annual report; 12 hours for final annual report; 4 
hours for ICA appeal.
    Reporting burden includes the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed , and completing and reviewing the collection of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS 
(see ADDRESSES) and e-mail to <a href="/cdn-cgi/l/email-protection#b5f1d4c3dcd1eae7dac6c1ded0c7f5dad8d79bd0dac59bd2dac3"><span class="__cf_email__" data-cfemail="8aceebfce3eed5d8e5f9fee1eff8cae5e7e8a4efe5faa4ede5fc">[email protected]</span></a>, or fax to 
(202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.
    The analysis did not reveal any Federal rules that duplicate, 
overlap, or conflict with the proposed action.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: April 11, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.>
    For the reasons set out 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 part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 
note; 3631 et seq.
    2. In Sec.  679.2, the definition of ``Salmon bycatch reduction 
inter-cooperative agreement'' is added in alphabetical order to read as 
follows:


Sec.  679.2  Definitions.

* * * * *
    Salmon bycatch reduction inter-cooperative agreement (ICA) is a 
voluntary chum and Chinook salmon catch avoidance agreement, as 
described at Sec.  679.21(g) and approved by NMFS, for directed pollock 
fisheries in the Bering Sea subarea.
* * * * *
    3. In Sec.  679.7, paragraphs (d)(9) and (d)(10) are proposed to be 
revised to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (d) * * *
    (9) For the operator of an eligible vessel, 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, unless the vessel is 
participating in a salmon bycatch reduction ICA under Sec.  
679.21(e)(7)(ix).
    (10) For the operator of an eligible vessel, use trawl gear to 
harvest pollock CDQ in the Chum Salmon Savings Area between September 1 
and October 14 after the CDQ group's non-Chinook salmon PSQ is 
attained, unless the vessel is participating in a salmon bycatch 
reduction ICA under Sec.  679.21(e)(7)(ix).
* * * * *
    4. In Sec.  679.21, paragraph (e)(7)(vii) is revised and paragraphs 
(e)(7)(ix) and (g) are added to read as follows:


Sec.  679.21  Prohibited species bycatch management.

* * * * *
    (e) * * *
    (7) * * *
    (vii) Chum salmon. If the Regional Administrator determines that 
42,000 non-Chinook salmon have been caught by vessels using trawl gear 
during August 15 through October 14 in the CVOA, defined under Sec.  
679.22(a)(5) and in Figure 2 to this part, NMFS will prohibit directed 
fishing for pollock for the remainder of the period September 1 through 
October 14 in the Chum Salmon Savings Area as defined in Figure 9 to 
this part.
* * * * *
    (ix) Exemptions.
    (A) Trawl vessels participating in directed fishing for pollock and 
operating under a salmon bycatch reduction ICA approved by NMFS are

[[Page 19459]]

exempt from closures in the Chum Salmon Savings Area described at Sec.  
679.21(e)(7)(vii). See also Sec.  679.22(a)(10).
    (B) Trawl vessels participating in directed fishing for pollock and 
operating under a salmon bycatch reduction ICA approved by NMFS are 
exempt from closures in area 2 of the Chinook Salmon Savings Area 
described at Sec.  679.21(e)(7)(viii).
* * * * *
    (g) Requirements for vessels participating in a salmon bycatch 
reduction ICA.
    (1) Who must file the salmon bycatch reduction ICA? The 
representative for the salmon bycatch reduction ICA identified at 
(5)(v) of this paragraph must file a copy of the initial ICA and any 
amended salmon bycatch reduction ICA with NMFS.
    (2) With whom must the initial salmon bycatch reduction ICA and an 
amended salmon bycatch reduction ICA be filed? The ICA representative 
must send a signed copy of the initial salmon bycatch reduction ICA and 
any amended salmon bycatch reduction ICA to the NMFS Alaska Region. The 
mailing address for the Regional Administrator, NMFS Alaska Region is 
P.O. Box 21668, Juneau, AK 99802. The street address for courier 
delivery is 709 West 9th St., Suite 401, Juneau, AK 99801.
    (3) What is the deadline for filing? In order for any ICA 
participant to be exempt from salmon savings area closures as described 
at Sec.  679.21(e)(7)(ix)(A), Sec.  679.21(e)(7)(ix)(B) and Sec.  
679.22(a)(10), the salmon bycatch reduction ICA must be filed in 
compliance with the requirements of this section, and approved by NMFS. 
The initial salmon bycatch reduction ICA must be received by NMFS by 
December 1, 2007, for the 2008 fishing year. Exemptions from salmon 
savings area closures will expire upon termination of the initial ICA, 
expiration of the initial ICA, or if superseded by a NMFS-approved 
amended salmon bycatch reduction ICA.
    (4) How is the initial and an amended salmon bycatch reduction ICA 
approved by NMFS? NMFS will approve the initial or an amended salmon 
bycatch reduction ICA if it meets all the requirements specified in 
paragraph (g)(5) of this section. If NMFS disapproves a salmon bycatch 
reduction ICA, the representative identified at (5)(v) of this section 
may resubmit a revised salmon bycatch reduction ICA or file an 
administrative appeal as set forth under the administrative appeals 
procedures described at Sec.  679.43.
    (5) What are the minimum information requirements for the salmon 
bycatch reduction ICA? The salmon bycatch ICA must include the 
following provisions:
    (i) The names of the AFA cooperatives, CDQ groups, and third party 
groups that are parties to the ICA. The ICA must identify at least one 
third party group. Third party groups include any organizations 
representing western Alaskans who depend on Chinook and chum salmon and 
have an interest in salmon bycatch reduction but do not directly fish 
in a groundfish fishery. The ICA must identify one entity retained to 
facilitate vessel bycatch avoidance behavior and information sharing. 
Collectively, these groups are known as parties to the ICA. Parties to 
the ICA must agree to comply with all provisions of the ICA;
    (ii) The names, Federal fisheries permit numbers, and USCG vessel 
identification numbers of vessels subject to the salmon bycatch 
reduction ICA;
    (iii) Provisions that dictate salmon bycatch avoidance behaviors 
for vessel operators subject to the ICA, including:
    (A) ``A'' season salmon bycatch management.
    (1) Initial base rate calculation for Chinook salmon. The initial 
``A'' season Chinook base rate shall be calculated by dividing the 
total number of Chinook taken incidentally in the ``A'' season prior 
year by the total number of metric tons of ``A'' season pollock catch 
during the prior year, except that if the initial ``A'' season Chinook 
base rate for any given year is less than or equal to .04 Chinook per 
metric ton of pollock, the initial base rate shall be .04 Chinook per 
metric ton, and if the initial base rate for any given year is equal to 
or greater than .06 Chinook per metric ton of pollock, the initial base 
rate shall be .06 Chinook per metric ton. Base rate calculations shall 
include Chinook salmon and pollock caught in both the CDQ and non-CDQ 
pollock directed fisheries.
    (2) Inseason adjustments to the Chinook salmon base rate 
calculation. On February 14 of each year, the ``A'' season Chinook base 
rate shall be recalculated. The recalculated base rate shall be the 
Chinook bycatch rate for the current year, calculated by dividing the 
total number of Chinook salmon taken incidentally in the current ``A'' 
season by the total number of metric tons of ``A'' season pollock catch 
during the current season. The recalculated base rate shall be used to 
determine bycatch avoidance areas.
    (3) ICA salmon savings area notices. On January 30 of each year and 
each Thursday and Monday thereafter for the duration of the pollock 
``A'' season, the non-party entity retained to facilitate vessel 
bycatch avoidance behavior and information sharing identified in 
paragraph (g)(6)(i) of this section must provide notice to the parties 
to the salmon bycatch reduction ICA and NMFS identifying one or more 
areas designated as ``ICA Chinook Savings Areas'' by a series of 
latitude and longitude coordinates. The Thursday notice of ICA Chinook 
savings area designations must be effective from 6 pm Alaska local time 
the following Friday through 6 pm Alaska local time the following 
Tuesday. The Monday notice must be effective from 6 pm Alaska local 
time the following Tuesday through 6 pm Alaska local time the following 
Friday. For any ICA salmon savings area notice, the maximum total area 
closed must be at least 1000 square miles.
    (4) Fishing restrictions for vessels assigned to Tiers as described 
at paragraph (g)(6)(iii)(C) of this section. ICA Chinook savings area 
closures announced on Thursdays must be closed to directed fishing for 
pollock, including pollock CDQ, by vessels assigned to Tier 3 for seven 
days. ICA Chinook savings area closures announced on Thursdays must be 
closed to vessels assigned to Tier 2 through 6 pm Alaska local time on 
the following Tuesday. Vessels assigned to Tier 1 may operate in any 
area designated as an ICA Chinook savings area.
    (B) ``B'' season salmon bycatch management.
    (1) ``B'' season Chinook salmon. For the ``B'' season of the 2008 
fishing year, the Chinook salmon base rate shall be .05 Chinook salmon 
per metric ton of pollock. For the ``B'' season of the 2009 fishing 
year and each ``B'' season thereafter, the base rate shall be based on 
the Chinook salmon bycatch during a representative period of the prior 
year's ``B'' season. The recalculated base rate shall be used to 
determine bycatch avoidance areas. Base rate calculations shall include 
Chinook salmon and pollock caught in both the CDQ and non-CDQ pollock 
directed fisheries.
    (2) Non-Chinook salmon. The initial ``B'' season non-Chinook salmon 
base rate shall be 0.19 non-Chinook salmon per metric ton of pollock.
    (3) Inseason adjustments to the non-Chinook base rate calculation. 
Beginning July 1 of each fishing year, and on each Thursday during 
``B'' season, the ``B'' season non-Chinook base rate shall be 
recalculated. The recalculated non-Chinook base rate shall be the three 
week rolling average of the ``B'' season non-Chinook bycatch rate for 
the current year. The recalculated

[[Page 19460]]

base rate shall be used to determine bycatch avoidance areas.
    (4) ICA salmon savings area notices. On each Thursday and Monday 
after June 10 of each year for the duration of the pollock ``B'' 
season, the non-party entity retained to facilitate vessel bycatch 
avoidance behavior and information sharing identified in paragraph 
(g)(6)(i) of this section must provide notice to the parties to the 
salmon bycatch reduction ICA and NMFS identifying one or more areas 
designated as ``ICA Chinook Savings Areas'' and/or ``ICA Chum Savings 
Areas'' by a series of latitude and longitude coordinates. The Thursday 
notice of ICA Chinook savings area designations must be effective from 
6 pm Alaska local time the following Friday through 6 pm Alaska local 
time the following Tuesday. The Monday notice must be effective from 6 
pm Alaska local time the following Tuesday through 6 pm Alaska local 
time the following Friday. For any ICA salmon savings area notice, the 
maximum total area closed must be at least 3000 square miles for ICA 
chum savings area closures, and 500 square miles for ICA Chinook 
savings area closures.
    (5) Fishing restrictions for vessels assigned to Tiers as described 
at paragraph (g)(6)(iii)(C) of this section. ICA chum savings area 
closures announced on Thursdays must be closed to directed fishing for 
pollock, including pollock CDQ, by vessels assigned to Tier 3 for seven 
days. ICA chum savings area closures announced on Thursdays must be 
closed to vessels assigned to Tier 2 through 6 pm Alaska local time on 
the following Tuesday. Vessels assigned to Tier 1 may operate in any 
area designated as an ICA chum savings area. ICA Chinook savings areas 
must be closed to fishing by all vessels identified at paragraph 
(g)(6)(iii)(C) of this section.
    (C) Cooperative tier assignments. Initial and subsequent base rate 
calculations must be based on each cooperative's pollock catch for the 
prior two weeks and the associated bycatch of Chinook or non-Chinook 
salmon taken by its members. Base rate calculations shall include 
salmon bycatch and pollock caught in both the CDQ and non-CDQ pollock 
directed fisheries. Coops with salmon bycatch rates of less than 75 
percent of the base rate shall be assigned to Tier 1. Coops with salmon 
bycatch rates of equal to or greater than 75 percent but equal to or 
less than 125 percent of the base rate shall be assigned to Tier 2. 
Coops with salmon bycatch rates of greater than 125 percent of the base 
rate shall be assigned to Tier 3. Bycatch rates for Chinook salmon must 
be calculated separately from non-Chinook salmon, and cooperatives must 
be assigned to tiers separately for Chinook and non-Chinook salmon 
bycatch.
    (iv) Internal monitoring and enforcement provisions to ensure 
compliance of fishing activities with the provisions of the ICA. The 
ICA must include provisions allowing any party of the ICA to bring 
civil suit or initiate a binding arbitration action against another for 
breach of the ICA. The ICA must include minimum annual uniform 
assessments for any violation of savings area closures of $10,000 for 
the first offense, $15,000 for the second offense, and $20,000 for each 
offense thereafter;
    (v) The name, phone number, and business address of the person who 
will annually file ICA with NMFS;
    (vi) Provisions requiring the parties to conduct an annual 
compliance audit, and to cooperate fully in such audit, including 
providing information required by the auditor. The compliance audit 
must be conducted by a non-party entity, and each party must have an 
opportunity to participate in selecting the non-party entity. If the 
non-party entity hired to conduct a compliance audit discovers a 
previously undiscovered failure to comply with the terms of the ICA, 
the non-party entity must notify all parties to the ICA of the failure 
to comply and must simultaneously distribute to all parties of the ICA 
information used to determine the failure to comply occurred and must 
include such notice(s) in the compliance report described in Sec.  
679.61(f)(2)(vii).
    (vii) Provisions requiring data dissemination in certain 
circumstances. If the entity retained to facilitate vessel bycatch 
avoidance behavior described at Sec.  679.61(g)(6)(i) determines that 
an apparent violation of an ICA savings are closure has occurred, that 
entity must promptly notify the Board of Directors of the cooperative 
to which the vessel involved belongs. If this Board of Directors fails 
to assess a minimum uniform assessment within 60 days of receiving the 
notice, the information used by the entity retained to facilitate 
vessel bycatch avoidance behavior to determine if an apparent violation 
was committed must be disseminated to all parties to the ICA.
* * * * *
    5. In Sec.  679.22, paragraph (a)(10) is revised to read as 
follows:


Sec.  679.22  Closures.

* * * * *
    (a) * * *
    (10) Chum Salmon Savings Area. Directed fishing for pollock by 
vessels using trawl gear is prohibited from August 1 through August 31 
in the Chum Salmon Savings Area defined at Figure 9 to this part (see 
also Sec.  679.21(e)(7)(vii)). Vessels using trawl gear participating 
in directed fishing for pollock, including pollock CDQ, and operating 
under a salmon bycatch reduction ICA are exempt from closures in the 
Chum Salmon Savings Area. See also Sec.  679.21(e)(7)(vii).
* * * * *
    6. In Sec.  679.61, paragraph (f)(2)(vii) is added to read as 
follows:


Sec.  679.61  Formation and operation of fishery cooperatives.

* * * * *
    (f) * * *
    (2) * * *
    (vii) The annual report must indicate the number of salmon taken by 
species and season, estimate number of salmon avoided as demonstrated 
by the movement of fishing effort away from salmon savings areas, 
include the results of the compliance audit described at Sec.  
679.21(g)(6)(vi), and list of each vessels number of appearances on the 
weekly dirty 20 lists for both salmon species.
* * * * *
[FR Doc. E7-7380 Filed 4-17-07; 8:45 am]
BILLING CODE 3510-22-S


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