[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Rules and Regulations]
[Pages 63451-63453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30011]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 951128281-5281-01; I.D. 112795A]


Groundfish of the Bering Sea and Aleutian Islands Area, Trawl 
Closure To Protect Red King Crab

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

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS has determined that an interim closure to all trawling is 
necessary in a portion of the Bristol Bay area of the Bering Sea. The 
number of female red king crab in Bristol Bay has declined to a level 
that presents a serious conservation problem for this stock. To prevent 
excessive bycatch rates of Bristol Bay area red king crab, NMFS is 
implementing an interim closure in an area of Bristol Bay to vessels 
using trawl gear. This management measure is intended to accomplish the 
objectives of the North Pacific Fishery Management Council with respect 
to fishery management in the Bering Sea and Aleutian Islands management 
area (BSAI).

DATES: Effective January 20, 1996, through March 31, 1996. Comments 
must be submitted by January 10, 1996.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, National Marine Fisheries Service, 
P.O. Box 21668, Juneau, AK 99802, Attention: Lori Gravel. The 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) prepared for proposed Amendment 37 
to the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area addresses the action implemented under 
this inseason adjustment. Copies of the EA/RIR/IRFA may be obtained 
from the North Pacific Fishery Management Council, 605 W. 4th Ave. 
Suite 306, Anchorage, AK 99501-2252.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by U.S. vessels in the exclusive economic 
zone of the BSAI is managed by NMFS according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area (FMP). The FMP was prepared by the North Pacific Fishery 
Management Council (Council) under the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1801, et seq.) (Magnuson Act), and is 
implemented by regulations governing the U.S. groundfish fisheries at 
50 CFR parts 675 and 676. General regulations that also pertain to U.S. 
fisheries are codified at 50 CFR part 620.
    High prohibited species bycatch rates may warrant inseason 
adjustment to close an area to fishing for groundfish. Authority for 
interim closures of a specific area is outlined under regulations at 
Sec. 675.20(e). This inseason adjustment prohibits fishing for 
groundfish by operators of vessels using trawl gear in that portion of 
the Bering Sea that is bounded by a straight line connecting the 
following coordinates in the order listed below from January 20 through 
March 31, 1996:

56 deg.00' N.;                       162 deg.00' W.;                    

[[Page 63452]]
                                                                        
56 deg.00' N.;                       164 deg.00' W.;                    
57 deg.00' N.;                       164 deg.00' W.;                    
57 deg.00' N.;                       162 deg.00' W.; and                
56 deg.00' N.;                       162 deg.00' W.                     
                                                                        



    This action is necessary to protect declining stocks of red king 
crab and to prevent an excessive share of red king crab from being 
taken by the groundfish trawl fisheries early in the fishing season.
    The Red King Crab Savings Area (RKCSA), outlined above, was closed 
to vessels using non-pelagic trawl gear by emergency rule on January 
20, 1995 (60 FR 4866, January 25, 1995) to protect declining stocks of 
red king crab. At that time the Council asked staff to further analyze 
alternative closure areas that could be implemented permanently under 
an FMP amendment to provide long-term protection to Bristol Bay red 
king crab. At its September 1995 meeting, the Council recommended 
implementation of proposed Amendment 37 to the FMP, an action similar 
to the emergency rule. This includes a closure of the RKCSA to vessels 
using non-pelagic trawl gear as well as an increase in observer 
coverage. The Council further expressed its intent that the closure be 
implemented in time for the 1996 trawl season, which starts January 20, 
1996.
    NMFS concurs that crab conservation concerns, as well as excessive 
red king crab bycatch rates historically experienced by the flatfish 
trawl fisheries early in the year, warrant timely action in 1996. 
Therefore, NMFS is implementing a modified version of the Council's 
recommended action via inseason adjustment authority under regulations 
at Sec. 675.20(e). NMFS intends to initiate review of the Council's 
proposed Amendment 37 to the FMP as quickly as possible. If the 
amendment is approved by NMFS, the Council's preferred action would be 
effective for 1997 and beyond.
    Under the 1995 emergency rule, NMFS required increased observer 
coverage on vessels fishing for flatfish in Zone 1 as well as on 
vessels fishing with pelagic trawl gear in the RKCSA. The extra 
observer coverage on the pelagic trawl vessels was implemented to 
ensure that the crab performance standard, established for pelagic 
trawl operators (Sec. 675.7(n)), could be monitored.
    At its September 1995 meeting, the Council recommended that these 
increases in observer coverage be included as part of the proposed 
action under Amendment 37. The regulatory authority for inseason 
adjustment does not allow for increases in observer coverage. 
Therefore, NMFS is prohibiting the use of all trawl gear in the RKCSA 
for the effective period in 1996 because requirements for increased 
observer coverage cannot be implemented under this inseason adjustment 
to assure that the crab performance standard will be met. Unlike the 
emergency rule (60 FR 4866, January 25, 1995), the pelagic trawl gear 
component is unable to fish in the closed area. However, under the 
proposed Amendment 37 the pelagic trawl gear component would be exempt 
from a closure of the RKSCA.
    Further justification for the inseason adjustment under 
Sec. 675.20(e)(1)(iv) follows.

Red King Crab Conservation Issues

    The number of red king crab in the Bristol Bay area of the Bering 
Sea is declining. Results of the 1994 and 1995 NMFS crab surveys 
estimated the number of female red king crab to be below the threshold 
number established in the Fishery Management Plan for the Commercial 
King and Tanner Crab Fisheries of the Bering Sea and Aleutian Islands 
Area (Crab FMP). The 1994 and 1995 fishery for red king crab was closed 
in Bristol Bay because of the low abundance of mature female red king 
crab. No fishery is anticipated for 1996. Due to the closure of the 
Bristol Bay red king crab fishery, the area east of 163 deg. W. long. 
was also closed to C. bairdi Tanner crab fishing for the 1994-95 season 
to reduce red king crab bycatch. A similar situation is likely to occur 
in 1996. Current regulations at Sec. 675.22(a) close Federal 
statistical area 512 to trawling to protect the red king crab stock. 
This closure area was designed to protect approximately 90 percent of 
the mature female red king crab. This measure was based on the 
distribution of female crab in the mid 1980's. The current distribution 
of mature female crab shows considerable concentrations between 
162 deg. and 164 deg. W. long. and between 56 deg. and 57 deg. N. lat., 
the area of the RKCSA. As a result, closure of the area encompassed by 
these coordinates would prevent excessive bycatch of female crab.
    Based on NMFS' survey data, the 1994 and 1995 abundance index for 
legal-sized male Bristol Bay red king crab was 5.5 million and 5.3 
million crab, respectively, compared to 7.3 million in 1993. The 
abundance index for mature female crab declined from 14.2 million crab 
in 1993 to 7.5 million crab in 1994 and 8.4 million crab in 1995. These 
numbers are below or equal to the threshold value of 8.4 million crab 
established pursuant to the crab FMP. These declines were corroborated 
by the length-based assessment model that was newly developed by the 
Alaska Department of Fish and Game. The Bristol Bay red king crab stock 
continues to suffer from a long period of low recruitment and sublegal 
crab populations are among the lowest on record.

Crab and Halibut Bycatch in the Groundfish Trawl Fisheries

    The highest bycatch of red king crab has been from the rock sole/
other flatfish fishery category, especially in 1993 and 1994 when the 
red king crab bycatch in Zone 1 was estimated at 134,000 and 193,000 
crab, respectively. During this same period, the bottom trawl pollock 
fishery caught the next highest amount of Zone 1 red king crab (44,000 
and 39,000, respectively). The yellowfin sole and Pacific cod fisheries 
also took some red king crab. Red king crab bycatch in trawl fisheries 
tends to be highest during the first few months of the year. The 
location of the red king crab during this period is coincident with the 
spawning rock sole. Significantly reduced bycatch rates of red king 
crab occur in other trawl fisheries throughout the year.
    Data from 1990-94 show that between 20 and 45 percent of the 
groundfish catch in the rock sole fishery has come from within the 
RKCSA. Between 40 and 70 percent of the red king crab incidental catch 
in the rock sole fishery is taken within this area.
    The RKCSA also accounts for between 10 and 45 percent of the 
halibut incidental catch in the rock sole fishery. Although closure of 
the RKCSA to protect red king crab stocks would also reduce halibut 
bycatch within this area, relocated fishing effort could result in 
similar or higher halibut bycatch rates in other areas. Fishing effort 
relocated from the closure area could also result in greater bycatch of 
C. bairdi Tanner crab. This may cause the rock sole roe fishery to 
attain specified halibut and C. bairdi bycatch allowances more quickly, 
which would close the fishery sooner.
    The closure of the RKCSA in 1995 was correlated with a dramatic 
reduction in red king crab bycatch. In 1992 the rock sole fishery 
caught approximately 59,000 red king crab, in 1993 166,154 red king 
crab, in 1994 the fishery took 216,821 red king crab. The rock sole 
fishery significantly exceeded its red king crab bycatch allowance in 
both 1993 and 1994. In 1995 through the month of March, the rock sole 
fishery took only 19,000 red king crab; an additional 1,500 crab were 
taken later in the year.

Economic Impacts of the Closure

    The RKCSA closure could have economic consequences for the rock 

[[Page 63453]]
    sole fishery. Whereas the majority of the red king crab historically 
taken in the rock sole fishery were within the RKCSA, this area has 
also provided a significant percentage of groundfish catch. The 
potential impacts of the closure are made more significant because of 
the recent closure of the Pribilof Islands area to vessels using trawl 
gear (Sec. 675.24(h)). The Pribilof Islands area has historically been 
important to the rock sole fishery.
    Appendix 2 to the EA/RIR/IRFA for Amendment 37 (see ADDRESSES) 
contains an economic comparison of the 1993, 1994, and 1995 rock sole 
fisheries. This analysis compares the 1993, 1994, and 1995 rock sole 
fishery using several different scenarios (i.e., with and without the 
Pribilof Island closure, different price sets, etc.). As an example, 
the 1994 and 1995 fishery data for the rock sole fishery, accounting 
for the closure of the Pribilof Island area in 1995, and using inseason 
1994 prices, indicate that gross and net product value decreased by 35 
percent, bycatch costs decreased by 51 percent, and net benefit 
decreased by 30 percent. The factors that would determine the effects 
of closing the RKCSA in the future will change. In the future, the 
adjustment to such a closure would tend to be less difficult than in 
1995 because the fleet has the experience of having adjusted to the 
emergency rule closure in 1995.
    The Council recommended closure of the RKCSA from January 20 
through March 31. The greatest number of female red king crab is most 
likely to be taken as bycatch during this time. Inseason closures of an 
area are authorized for a period of 60 days, which would be less than 
the Council's intended closure period. Regulations at Sec. 675.20(e)(6) 
authorize closures beyond 60 days if warranted by available data. The 
available scientific information indicates that the relative 
distribution and abundance of female red king crab in the closure area 
is high. Large numbers of red king crab have been taken from this area 
by trawling operations during the early part of the year when the 
concentration of female king crab is high. To ensure that bycatch of 
female red king crab is minimized in the early season trawl fisheries, 
NMFS is extending the closure for an additional 11 days beyond the 
usual 60-day effective period, through March 31, 1996. The Regional 
Director, Alaska Region, has determined that this interim closure is 
based on the best available scientific information concerning the 
seasonal distribution and abundance of red king crab and the bycatch 
rates of red king crab associated with groundfish trawl fisheries.

Classification

    This action is taken under Sec. 672.20(e) and is exempt from review 
under E.O. 12866.

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

    Dated: December 4, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-30011 Filed 12-08-95; 8:45 am]
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