[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Rules and Regulations]
[Pages 13839-13841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7367]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961217360-7052-02; I.D. 112596C]
RIN 0648-AI62


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

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


[[Page 13840]]


ACTION: Final rule and technical amendment.

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SUMMARY: NMFS implements Amendment 41 to the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
(FMP) as recommended by the North Pacific Fishery Management Council 
(Council). The implementing regulations of Amendment 41 adjust the 
prohibited species catch (PSC) limits for Tanner crab (Chionoecetes 
bairdi) in Zones 1 and 2 of the Bering Sea and change the 1997 C. 
bairdi PSC allowances for the Bering Sea and Aleutian Islands 
management area (BSAI) trawl fisheries to reflect the adjustment to the 
C. bairdi PSC limits. These measures are necessary to protect the C. 
bairdi stock in the Bering Sea, which has declined to a level that 
presents a serious conservation problem. They are intended to 
accomplish the objectives of the FMP with respect to the management of 
the BSAI groundfish fishery.

EFFECTIVE DATE: April 23, 1997.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) 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 
Council under the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.; Magnuson-Stevens Act) and is implemented 
by regulations for the U.S. fisheries at 50 CFR part 679. General 
regulations that also pertain to U.S. fisheries appear at subpart H of 
50 CFR part 600.
    Recruitment and exploitable biomass of Bering Sea C. bairdi stocks 
are at relatively low levels based on recent NMFS bottom trawl survey 
data. The 1995 C. bairdi season produced only 4.5 million lb (2,017 mt) 
for the 196 vessels participating. This amount is the lowest catch 
since the fishery reopened in 1988. Survey data from 1996 indicate that 
the stock decline will continue.
    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 catch crab incidentally, but the 
large majority of crab bycatch occurs in trawl fisheries.
    In June 1996, the Council formed an industry work group to review 
proposed PSC limits for C. bairdi. This work group consisted of three 
crab fishery representatives, three trawl fishery representatives, and 
one shoreside processing representative. The group met August 29-30, 
1996, and came to a consensus on PSC limits for C. bairdi crab. The 
agreement negotiated by affected industry groups resulted in a proposal 
for an annual specification of PSC limits for C. bairdi based on the 
total abundance of C. bairdi as indicated by the most recent NMFS 
bottom trawl survey.
    At its September 1996 meeting, the Council endorsed the industry 
work group agreement and recommended that NMFS proceed to implement a 
revision to the C. bairdi PSC limits under Amendment 41 to the FMP.
    NMFS published a proposed rule in the Federal Register on January 
2, 1997 (62 FR 85). Public comment on the FMP amendment was invited 
through January 31, 1997, and on the proposed regulations through 
February 18, 1997. No comments were received.

Changes From the Proposed Rule

    The final rule reflects two minor changes from the proposed rule: 
minor adjustments to the C. bairdi PSC allowances for the BSAI trawl 
fisheries and a technical amendment described below.
    The proposed rule reflected C. bairdi PSC allowances for the BSAI 
trawl fisheries that were recommended by the Council at its September 
1996 meeting as part of the annual BSAI groundfish specification 
process. The Council recommended minor adjustments to the C. bairdi PSC 
allowances for the BSAI trawl fisheries at its December 1996 meeting. 
The adjustments are to the fishery apportionments, not to the total PSC 
limit. Table 7 of the final 1997 BSAI groundfish harvest specifications 
(62 FR 7168, February 18, 1997) is amended to reflect the adjustments 
to the C. bairdi PSC apportionments as in the proposed rule (62 FR 85, 
January 2, 1997) and the minor adjustments to these fishery 
apportionments as recommended by the Council at its December 1996 
meeting.

Technical Amendment

    A proposed regulation at Sec. 679.21(e)(1)(ii) referred to the 
annual notification of PSC limits at Sec. 679.21(e)(6). Inadvertently, 
revisions to paragraph (e)(6) of that section to indicate that NMFS is 
to provide notification to the public of the annual C. bairdi PSC limit 
were not proposed. The final rule revises the regulation at 
Sec. 679.21(e)(6) to provide for public notification of the annual C. 
bairdi PSC limit.
    Based on the abundance of C. bairdi estimated from the 1996 NMFS 
trawl survey (185 million crabs), the PSC limit for C. bairdi for 1997 
is 750,000 crabs in Zone 1 and 2,100,000 crabs in Zone 2.
    2. The C. bairdi PSC allowances for the BSAI trawl fisheries are 
adjusted to be as follows:

 Table 7.--Final 1997 Prohibited Species Bycatch Allowances for the BSAI
                      Trawl and Nontrawl Fisheries                      
------------------------------------------------------------------------
             Trawl fisheries                  Zone 1          Zone 2    
------------------------------------------------------------------------
C. bairdi Tanner crab, number of                                        
 animals:                                                               
Yellowfin sole..........................         276,316       1,071,000
Rocksole/flathead sole/otherflat........         296,052         357,000
Turbot/arrowtooth/sablefish.............               0               0
Rockfish................................               0           7,000
Pacific cod.............................         133,224         195,000
Pollock/Atka mackerel/other.............          44,408         470,000
                                         -------------------------------
      Total.............................         750,000       2,100,000
------------------------------------------------------------------------


[[Page 13841]]

Classification

    The Regional Administrator determined that Amendment 41 is 
necessary for the conservation and management of the BSAI fisheries and 
that it is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.
    The Council prepared an FRFA as part of the RIR, which describes 
the impact this rule would have on small entities. Many trawl vessels 
and processors participating in the BSAI groundfish fishery could be 
affected by this action. Most catcher vessels harvesting groundfish off 
Alaska are considered small entities and would be affected by the 
reduced C. bairdi PSC limits. The 132 trawl catcher vessels that 
harvested BSAI groundfish in 1993 are considered small entities. 
Reduced PSC limits could reduce annual gross revenues by more than 5 
percent. NMFS has taken steps to minimize economic impacts on small 
entities by structuring the annual specification process of the PSC C. 
bairdi limit to be responsive to the total C. bairdi abundance as 
estimated annually. Alternative 1, the status quo, was rejected as more 
burdensome on small entities because status quo bycatch limits for C. 
bairdi established for Bering Sea fisheries may be too high given 
current status of crab stocks, and bycatch may impact crab rebuilding 
and future crab harvests by pot fisheries. Alternative 2 was rejected 
because the major assumption regarding assessment of impacts for 
Alternative 2 is that crab stock abundance will remain relatively 
stable, or that the trawl fishery will adapt to changes in crab 
abundance. If crab stocks continue to decline, bycatch will account for 
a higher proportion of the total annual mortality.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: March 17, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 679 is amended 
as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq.

    2. In Sec. 679.21, paragraph (e)(1)(iii) is removed, paragraphs 
(e)(1)(iv) through (vii) are redesignated as paragraphs (e)(1)(iii) 
through (vi), respectively, and paragraphs (e)(1)(ii) and (e)(6) are 
revised to read as follows:


Sec. 679.21  Prohibited species bycatch management.

* * * * *
    (e) * * * (1) * * *
    (ii) Tanner crab (C. bairdi). The PSC limit of C. bairdi crabs 
caught by trawl vessels while engaged in directed fishing for 
groundfish in Zones 1 and 2 during any fishing year will be specified 
annually by NMFS under paragraph (e)(6) of this section, based on total 
abundance of C. bairdi crabs as indicated by the NMFS annual bottom 
trawl survey, using the criteria set out under paragraphs (e)(1)(ii)(A) 
and (B) of this section.
    (A) Zone 1. When the total abundance of C. bairdi crabs is:
    (1) 150 million animals or less, the PSC limit will be 0.5 percent 
of the total abundance.
    (2) Over 150 million to 270 million animals, the PSC limit will be 
750,000 animals.
    (3) Over 270 million to 400 million animals, the PSC limit will be 
850,000 animals.
    (4) Over 400 million animals, the PSC limit will be 1,000,000 
animals.
    (B) Zone 2. When the total abundance of C. bairdi crabs is:
    (1) 175 million animals or less, the PSC limit will be 1.2 percent 
of the total abundance.
    (2) Over 175 million to 290 million animals, the PSC limit will be 
2,100,000 animals.
    (3) Over 290 million to 400 million animals, the PSC limit will be 
2,550,000 animals.
    (4) Over 400 million animals, the PSC limit will be 3,000,000 
animals.
* * * * *
    (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 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 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.
* * * * *
[FR Doc. 97-7367 Filed 3-21-97; 8:45 am]
BILLING CODE 3510-22-P