[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Proposed Rules]
[Pages 43307-43310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21340]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 970801188-7188-01; I.D. 070797C]
RIN 0648-AJ45


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Bering Sea and Aleutian Islands Area; Prohibited Species Catch 
Limit for Chionoecetes Opilio Crab

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

ACTION: Proposed rule; proposed change to 1997 final groundfish harvest 
specifications; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 40 to 
the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area (FMP). This rule would establish a 
prohibited species catch (PSC) limit for Chionoecetes opilio in a new 
C. opilio Bycatch Limitation Zone (COBLZ) of the Bering Sea. Upon 
attainment of a C. opilio bycatch allowance apportioned to a particular 
trawl fishery category, the COBLZ would be closed to directed fishing 
for species in that trawl fishery category. This measure is necessary 
to protect the C. opilio stock in the Bering Sea, which has declined to 
a level that presents a conservation problem. This measure is intended 
to accomplish the objectives of the FMP with respect to the management 
of the Bering Sea and Aleutian Islands management area (BSAI) 
groundfish fishery.

DATES: Comments on the proposed rule must be received by September 29, 
1997.

ADDRESSES: Comments should be sent to Chief, Fisheries Management 
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: 
Lori J. Gravel, or delivered to the Federal Building, 709 West 9th 
Street, Juneau, AK. Copies of the Environmental Assessment/Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) 
prepared for the amendment may be obtained from the North Pacific 
Fishery Management Council, Suite 306, 605 West 4th Avenue, Anchorage, 
AK 99501-2252; telephone: 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Kim S. Rivera, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. groundfish fisheries of the BSAI in the exclusive economic 
zone are managed by NMFS under the FMP. The FMP was prepared by the 
North Pacific Fishery Management Council (Council) under Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
and is implemented by regulations for the fisheries off Alaska at 50 
CFR part 679. General regulations that also pertain to U.S. fisheries 
appear at subpart H of 50 CFR part 600.
    The Council has submitted Amendment 40 for Secretarial review and a 
Notice of Availability (NOA) of the FMP amendment was published on July 
15, 1997 (62 FR 37860). Comments on this proposed rule are invited and 
must be received on or before September 29, 1997. Public comments on 
the FMP amendment and the proposed rule must be received on or before 
September 15, 1997, to be

[[Page 43308]]

considered in the approval/disapproval decision on Amendment 40.
    Recruitment of Bering Sea C. opilio stocks is at a relatively low 
level, based on recent NMFS bottom trawl survey data. The 1996 C. 
opilio season produced only 64.6 million lb (29,302 metric tons) for 
the 235 vessels participating. This is the lowest catch since 1984. 
Survey data from 1996 indicate that adult males are abundant, but 
females and pre-recruits are becoming less abundant.
    The groundfish fisheries incidentally catch crab. An objective of 
the FMP is to minimize the impact of groundfish fisheries on crab and 
other prohibited species, while providing for rational and optimal use 
of the region's fishery resources. All gear types used to catch 
groundfish have some potential to incidentally catch crab, but the 
large majority of crab bycatch occurs in trawl fisheries for flatfish.
    In view of this FMP objective, the Council initiated an assessment 
in January 1995 of potential measures to further limit crab bycatch in 
the groundfish fisheries. At its January 1996 meeting, the Council 
requested that a suite of crab bycatch management measures be examined 
in one package, so that the impacts of these measures could be analyzed 
in a comprehensive manner. This Council initiative also was responsive 
to increasing concern about the potential impact of crab bycatch on 
declining stocks and future harvests in the commercial crab fisheries. 
Proposed alternatives included the establishment of bycatch limits for 
C. opilio. To date, bycatch limits for C. opilio have never been 
established for Bering Sea trawl fisheries.
    In June 1996, the Council formed an industry work group to review 
proposed PSC limits for C. opilio. This work group consisted of three 
crab fishery representatives, three trawl fishery representatives, and 
one shoreside processing representative. The group met November 6-7, 
1996, and came to a consensus on a PSC limit for C. opilio, based on 
the best available scientific information on the abundance and 
distribution of the specified crab species and their rate of bycatch in 
fisheries for certain species of groundfish. The agreement negotiated 
by affected industry groups resulted in a proposal for: (1) 
Establishment of a C. opilio COBLZ, (2) an annual specification of a 
PSC limit for C. opilio in the COBLZ based on the total abundance of C. 
opilio as indicated by the most recent NMFS bottom trawl survey, and 
(3) establishment of a minimum and maximum PSC limit. At its December 
1996 meeting, the Council endorsed the industry work group agreement 
and recommended that NMFS proceed to establish the COBLZ and implement 
a PSC limit for C. opilio under Amendment 40 to the FMP.

C. opilio Bycatch Limitation Zone (COBLZ)

    The bycatch of C. opilio in the BSAI groundfish fisheries is 
highest in the areas north and east of the Pribilof Islands, 
corresponding to Federal reporting areas 513, 514, and 521. Relatively 
few C. opilio are taken in Zone 1 (Federal reporting areas 508, 509, 
512, and 516). About 75 percent of C. opilio bycatch comes from Zone 2 
(Federal reporting areas 513, 517, and 521), which encompasses much of 
the adult population. In 1995, 90 percent of the C. opilio bycatch in 
Zone 2 was from Federal reporting areas 513 and 521. Federal reporting 
area 517 exhibits relatively low abundance of and low bycatch of C. 
opilio. During 1992 through 1994, the average annual C. opilio bycatch 
in Zone 2 was about 10.8 million crabs, or about 0.11 percent of the 
NMFS total population index. Bycatch of C. opilio in 1995 and 1996 was 
much lower than in previous years, totaling 5.4 million and 3.9 million 
crabs, respectively. Of the total, 4.3 million and 3.4 million C. 
opilio were taken in Zone 2 in 1995 and 1996, corresponding to 0.05 and 
0.06 percent of the total population index, respectively.
    The proposed COBLZ encompasses nearly the entire distribution of C. 
opilio in the Bering Sea. The proposed COBLZ includes Federal reporting 
areas 513, 524, most of 521, approximately half of 523, and a small 
portion of 514. Only a small number of C. opilio are found to the 
south, outside of this area. Very little fishing effort for flatfish 
has occurred to the south of the COBLZ. The Council believed that the 
COBLZ would offer more protection to the C. opilio stock than 
alternative areas examined in the EA/RIR/IRFA.
    The proposed COBLZ within the EEZ is an area defined as that 
portion of the Bering Sea Subarea north of 56 deg.30' N. lat. that is 
west of a line connecting the following coordinates in the order 
listed:


56 deg.30' N. lat.                   165 deg.00' W. long.               
58 deg.00' N. lat.                   165 deg.00' W. long.               
59 deg.30' N. lat.                   170 deg.00' W. long.               
                                                                        


and north along 170 deg.00' W. long. to its intersection with the U.S.-
Russian Boundary.

Establishment of a C. opilio PSC Limit in the COBLZ

    Amendment 40 would authorize the annual specification of a C. 
opilio PSC limit for the COBLZ. The C. opilio PSC limit would be set at 
0.1133 percent of the total Bering Sea abundance as indicated by the 
most recent NMFS bottom trawl survey, with a minimum PSC limit of 4.5 
million crabs and a maximum PSC limit of 13 million crabs.
    The bycatch of C. opilio in the BSAI groundfish fisheries totaled 
5.4 million and 3.9 million in 1995 and 1996, respectively, which is a 
significant reduction from 17.7 million in 1992. About 99 percent of 
the C. opilio bycatch occurs in the trawl fisheries. The yellowfin sole 
fishery accounts for most of the C. opilio bycatch (70 percent of 1992-
1994 average).
    The C. opilio PSC limit would be apportioned among trawl fishery 
categories as defined at Sec. 679.21(e)(3). The sum of all bycatch 
allowances of the trawl fishery categories would equal the C. opilio 
PSC limit. Upon attainment of a C. opilio bycatch allowance apportioned 
to a particular trawl fishery category, the COBLZ would be closed to 
directed fishing for species in that trawl fishery category, except for 
pollock with nonpelagic trawl gear, according to Sec. 679.21(e)(7)(i).
    The Council's proposed C. opilio PSC limit is an effort to protect 
further the stocks of Bering Sea C. opilio by limiting the incidental 
take of this species when the stock is depressed. The proposed criteria 
for the annual specification of the C. opilio PSC limits were developed 
by the Council-appointed industry work group.

Implementation in 1997

    Estimation of prohibited species bycatch uses both observer and 
industry reports, which provide groundfish and prohibited species catch 
by Federal reporting area. Therefore, the catch estimation programs 
currently used by NMFS to monitor PSC limits are constrained by Federal 
reporting areas. The COBLZ as defined includes portions of existing 
Federal reporting areas. Therefore, NMFS must revise its current catch 
monitoring programs to allow for the monitoring of the annual C. opilio 
PSC limit in the COBLZ. These revisions cannot be completed before 1998 
for programmatic reasons. If Amendment 40 is approved, monitoring of 
the C. opilio PSC limit in 1997 would be extended to Federal reporting 
areas 513, 514, 521, 523, and 524. The resulting combined area exceeds 
the boundaries of the proposed COBLZ. Based on the abundance of C. 
opilio

[[Page 43309]]

estimated from the 1996 NMFS trawl survey (5.4 billion crabs), the PSC 
limit for C. opilio in 1997 would have been 6,147,000 crabs in the 
COBLZ. In 1997, the PSC limit of 6,147,000 would be adjusted upward by 
10 percent, for a total PSC limit of 6,760,000 crabs, to account for 
the larger area being monitored. C. opilio bycatch accrued from January 
1 until publication of the final rule would apply to all fisheries that 
take C. opilio in 1997.
    The industry work group proposed that until further information is 
available to suggest how best to apportion the C. opilio bycatch among 
the trawl fishery categories, the 1997 C. opilio PSC limit be a single 
bycatch allowance for all the trawl fisheries.

Economic Considerations

    Estimates based on a Bering Sea simulation model using 1993 and 
1994 fishery data indicate that a trawl fishery closure based on a C. 
opilio PSC limit similar to that proposed in this rule would lead to a 
slight decrease in the net economic benefits to the Nation over the 
status quo (the model run assumed a closure area encompassing the 
entire Bering Sea outside of Zone 1 and a PSC limit of 7.32 million 
crabs). The decrease in net economic benefits to the Nation, had the 
assumed closure and PSC limit been effective during those years, would 
have been approximately $771,000 and approximately $11.5 million using 
1993 and 1994 data, respectively. However, given the level of 
uncertainty inherent in the data and in the model procedures, these 
predicted changes in net economic benefits to the Nation are probably 
not great enough to indicate an actual change from the status quo. In 
1993 and 1994, between 12 and 14 million crabs were caught as bycatch. 
Using 1995 or 1996 data when fewer crabs were caught as bycatch, the 
model would be expected to estimate lower impacts.
    Implementation of the proposed measure, along with area closures to 
protect red king crab under Amendment 37 (61 FR 65985, December 16, 
1996), and closures to protect C. bairdi upon attainment of a PSC limit 
under Amendment 41 (62 FR 13839, March 24, 1997) may have cumulative 
effects on groundfish trawl fisheries. As noted by the Council's 
Scientific and Statistical Committee, time and area closures cause 
temporal and spatial shifts in groundfish fishing effort. With each 
additional bycatch restriction, options for the groundfish trawl fleets 
are reduced, resulting in effort shifts that could increase the bycatch 
of other prohibited species. However, these tradeoffs will occur with 
any protection closure that may be implemented.
    Because the proposed minimum and maximum PSC limits for C. opilio 
were developed from historical bycatch data, the groundfish trawl 
fisheries may not be substantially impacted if the PSC limit can be 
optimally allocated among trawl fisheries. The potential benefit of 
setting minimum and maximum PSC limits is that they would allow bycatch 
levels to fluctuate with crab abundance and would temper annual 
variability in PSC limits caused by trawl survey abundance estimates.

Proposed Changes to the Final 1997 Specifications of Prohibited Species 
Bycatch Allowances for the BSAI Trawl Fisheries

    As part of the annual BSAI groundfish specification process, the 
Council recommended PSC allowances for the BSAI trawl fisheries at its 
December 1996 meeting. NMFS has published in the Federal Register the 
final 1997 BSAI groundfish specifications that include the PSC 
allowances for the trawl fisheries (62 FR 7168, February 18, 1997). 
Table 7 of the final 1997 PSC allowances for the BSAI trawl fisheries 
would be amended by adding C. opilio to the list of prohibited species 
in the first column under the ``Trawl Fisheries'' category; by adding a 
fifth column titled ``COBLZ'' and the proposed C. opilio PSC limit 
allowance total, 6,760,000, under that heading; and adding footnote 3 
indicated below, as follows to add the proposed C. opilio PSC limit:

 Table 7.--Final 1997 Prohibited Species Bycatch Allowances for the BSAI
                             Trawl Fisheries                            
------------------------------------------------------------------------
                      Trawl fisheries                         COBLZ \3\ 
------------------------------------------------------------------------
C. opilio, number of animals...............................   6,760,000 
------------------------------------------------------------------------
\3\ The COBLZ, or C. opilio Bycatch Limitation Zone, is defined at Sec. 
  679.21(e)(7)(iv)(B). For 1997 only, the PSC limit for the COBLZ is    
  monitored in Federal reporting areas 513, 514, 521, 523, and 524.     

Classification

    At this time, NMFS has not determined that the FMP amendment these 
rules would implement is consistent with the national standards, other 
provisions 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.
    The Council prepared an IRFA as part of the RIR, which describes 
the impact this proposed rule would have on small entities, if adopted. 
Based on the analysis, it was determined that this proposed rule could 
have a significant economic impact on a substantial number of small 
entities. Many trawl vessels and processors participating in the BSAI 
groundfish fishery could be affected by this proposed action. Catcher 
vessels harvesting groundfish in the BSAI are considered small entities 
and would be affected by the new C. opilio PSC limits. In 1995, 122 
trawl catcher vessels harvested BSAI groundfish. Based on the best 
available information, NMFS anticipates that this proposed rule could 
result in over a 5 percent reduction in gross revenues for any one of 
these vessels. Therefore, this proposed rule could have a significant 
impact on a substantial number of small entities. A copy of this 
analysis is available from the Council (see ADDRESSES).
    Consistent with the stated statutory objectives, the IRFA must 
discuss significant alternatives to the proposed rule, which accomplish 
the stated objectives of applicable statutes and which minimize any 
significant economic impact on small entities. The no action 
alternative would establish no PSC limit for C. opilio for all 
groundfish fisheries, including small entities, which would not 
accomplish the Council's objective of reducing bycatch, especially if 
the BSAI allocations of flatfish are increased in the future. The 
alternative of establishing a fixed limit of C. opilio that, upon 
attainment, would close affected trawl fisheries in Zone 2 unless the 
optimum limit was specified prior to the fishing season was not 
selected, because if the optimum limit was not correctly specified in 
advance certain trawl fisheries (e.g., yellowfin sole fishery) could be 
adversely impacted. The alternative of setting a fixed limit for Zone 2 
of C. opilio within a specific percentage of the NMFS bottom trawl 
survey index was not selected, because Zone 2 does not correspond to 
crab distribution as does the preferred COBLZ, which was proposed 
specifically for crab bycatch management. Alternatives that addressed 
modifying reporting requirements for small entities or the use of 
performance rather than design standards for small entities were not 
considered by the Council or in this proposed rule. These alternatives 
are not relevant to this proposed action. Exemptions for small entities 
from this proposed action would not be appropriate in that the 
objective of the

[[Page 43310]]

action to further limit C. opilio bycatch in the BSAI groundfish 
fisheries could not be adequately addressed.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: August 7, 1997.
Gary Matlock,
Acting Assistant Administrator for Fisheries, 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 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. 679.2, the definition of ``C. Opilio Bycatch Limitation 
Zone'' and ``U.S.-Russian Boundary'' is added in alphabetical order to 
read as follows:


Sec. 679.2  Definitions.

* * * * *
    C. Opilio Bycatch Limitation Zone (COBLZ) (see 
Sec. 679.21(e)(7)(iv)(B)).
* * * * *
    U.S.-Russian Boundary means the seaward boundary of Russian waters 
as defined in Figure 1 of this part.
* * * * *
    3. In Sec. 679.21, paragraphs (e)(1)(iii) through (vi) are 
redesignated as paragraphs (e)(1)(iv) through (vii), respectively, a 
new paragraph (e)(1)(iii) is added, paragraphs (e)(3)(ii)(A) and (C) 
and (e)(6) are revised, paragraphs (e)(7)(iv) through (vii) are 
redesignated as paragraphs (e)(7)(v) through (viii), and a new 
paragraph (e)(7)(iv) is added to read as follows:


Sec. 679.21  Prohibited species bycatch management.

* * * * *
    (e) * * * (1) * * *
    (iii) C. opilio. (A) (Applicable through December 31, 1997). The 
PSC limit of C. opilio caught by trawl vessels while engaged in 
directed fishing for groundfish in reporting areas 513, 514, 521, 523, 
and 524 is 6,760,000 animals.
    (B) (Applicable after December 31, 1997). The PSC limit of C. 
opilio caught by trawl vessels while engaged in directed fishing for 
groundfish in the COBLZ will be specified annually by NMFS under 
paragraph (e)(6) of this section, based on total abundance of C. opilio 
as indicated by the NMFS annual bottom trawl survey using the following 
criteria:
    (1) PSC Limit. The PSC limit will be 0.1133 percent of the total 
abundance, unless;
    (2) Minimum PSC Limit. If 0.1133 percent multiplied by the total 
abundance is less than 4.5 million, then the minimum PSC limit will be 
4.5 million animals; or
    (3) Maximum PSC Limit. If 0.1133 percent multiplied by the total 
abundance is greater than 13 million, then the maximum PSC limit will 
be 13 million animals.
* * * * *
    (3) * * *
    (ii) Red king crab, C. bairdi, C. opilio, and halibut--(A) General. 
(1) Except as provided in paragraph (e)(3)(ii)(A)(2) of this section, 
for vessels engaged in directed fishing for groundfish in the GOA or 
BSAI, the PSC limits for red king crab, C. bairdi, C. opilio, and 
halibut will be apportioned to the trawl fishery categories defined in 
paragraphs (e)(3)(iv)(B) through (F) of this section.
    (2) Exception. For 1997, the C. opilio PSC limit is a single 
bycatch allowance for the trawl fishery categories defined in 
paragraphs (e)(3)(iv)(B) through (F) of this section.
    (B) * * *
    (C) Incidental catch in midwater pollock fishery. Any amount of red 
king crab, C. bairdi, C. opilio, or halibut that is incidentally taken 
in the midwater pollock fishery as defined in paragraph (e)(3)(iv)(A) 
of this section will be counted against the bycatch allowances 
specified for the pollock/Atka mackerel/``other species'' category 
defined in paragraph (e)(3)(iv)(F) of this section.
* * * * *
    (6) Notification--(i) General. NMFS will publish annually in the 
Federal Register the annual red king crab PSC limit and, if applicable, 
the amount of this PSC limit specified for the RKCSS, the annual C. 
bairdi PSC limit, the annual C. opilio PSC limit, the proposed and 
final bycatch allowances, seasonal apportionments thereof, and the 
manner in which seasonal apportionments of nontrawl fishery bycatch 
allowances will be managed, as required under this paragraph (e).
    (ii) Public comment. Public comment will be accepted by NMFS on the 
proposed annual red king crab PSC limit and, if applicable, the amount 
of this PSC limit specified for the RKCSS, the annual C. bairdi PSC 
limit, the annual C. opilio PSC limit, the proposed and final bycatch 
allowances, seasonal apportionments thereof, and the manner in which 
seasonal apportionments of nontrawl fishery bycatch allowances will be 
managed, for a period of 30 days from the date of publication in the 
Federal Register.
    (7) * * *
    (iv) C. opilio, C. Opilio Bycatch Limitation Zone (COBLZ), closure. 
(A) Except as provided in paragraph (e)(7)(i) of this section, if, 
during the fishing year, the Regional Administrator determines that 
U.S. fishing vessels participating in any of the fishery categories 
listed in paragraphs (e)(3)(iv)(B) through (F) of this section will 
catch the COBLZ bycatch allowance, or seasonal apportionment thereof, 
of C. opilio specified for that fishery category under paragraph (e)(3) 
of this section, NMFS will publish in the Federal Register the closure 
of the COBLZ, as defined in paragraph (e)(7)(iv)(B) of this section, to 
directed fishing for each species and/or species group in that fishery 
category for the remainder of the year or for the remainder of the 
season.
    (B) C. Opilio Bycatch Limitation Zone. The C. Opilio Bycatch 
Limitation Zone is an area defined as that portion of the Bering Sea 
Subarea north of 56 deg.30' N. lat. that is west of a line connecting 
the following coordinates in the order listed:


56 deg.30' N. lat.                   165 deg.00' W. long.               
58 deg.00' N. lat.                   165 deg.00' W. long.               
59 deg.30' N. lat.                   170 deg.00' W. long.               
                                                                        

and north along 170 deg.00' W. long. to its intersection with the U.S.-
Russian Boundary.
* * * * *
[FR Doc. 97-21340 Filed 8-12-97; 8:45 am]
BILLING CODE 3510-22-P