Groundfish of the Bering Sea and Aleutian Islands Area; Chum Salmon Savings Area

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 675 and 677

[Docket No. 95041405-5105-01; I.D. 033095A]

RIN 0648-AH69

Groundfish of the Bering Sea and Aleutian Islands Area; Chum

Salmon Savings Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes regulations that would implement Amendment 35 to

the Fishery Management Plan (FMP) for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area (BSAI). This amendment proposes to

prohibit the use of trawl gear in a specified area of the Bering Sea

(BS) during the pollock nonroe season. Regulatory amendments also are

proposed that would increase 1995 observer coverage for mothership

processor vessels, and some shoreside processors receiving pollock

harvested in the catcher vessel operational area (CVOA) and require the

mothership processor vessels and shoreside processors to obtain the

capability for electronic transmission of daily observer reports. This

action is necessary to reduce chum salmon bycatch amounts in the

pollock fishery and is intended to promote the objectives of the FMP.

DATES: Comments must be submitted by June 5, 1995.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK,

99802, Attn: Lori Gravel, or delivered to the Federal Building, 709

West 9th Street, Juneau, AK. Copies of Amendment 35 and the

environmental assessment/regulatory impact review/initial regulatory

flexibility analysis (RIR/IRFA) prepared for Amendment 35 are available

from the North Pacific Fishery Management Council, P.O. Box 103136,

Anchorage, AK 99510; telephone: 907-271-2809.

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

SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in

the exclusive economic zone of the BSAI is managed by NMFS according to

the FMP for the Groundfish Fishery of the Bering Sea and Aleutian

Islands Area. 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. Regulations governing

observer coverage requirements for specified U.S. fisheries under the

North Pacific Fisheries Research Plan (Research Plan) are codified at

50 CFR part 677.

This action proposes regulations to implement Amendment 35 to the

FMP. [[Page 20254]] If approved by NMFS, this amendment would prohibit

the use of trawl gear in a specified area of the BS that historically

contributes to relatively high salmon bycatch rates during late summer

months. This action also proposes two associated regulatory amendments

that would (1) require mothership processor vessels and some shoreside

processing plants to obtain an additional observer, and (2) require the

affected mothership processor vessels and 100-percent-observer-coverage

shoreside processing plants to obtain the necessary software and

hardware for electronic transmission of daily observer reports.

In 1993, the total ``other'' salmon bycatch amount in the BSAI

fisheries was 245,000 fish--approximately six times the bycatch level

estimated for each of the previous 2 years and triple the previous

highest bycatch amount of 72,000 ``other'' salmon estimated in the 1984

foreign trawl fishery. ``Other'' salmon is defined as salmon other than

chinook salmon. Historical observer data indicate that approximately 95

percent of the ``other'' salmon bycatch in the BS is chum salmon.

The magnitude of the 1993 chum salmon bycatch in the pollock nonroe

season is of concern especially in view of poor returns of chum salmon

to western Alaska river systems during recent years. These poor returns

have precipitated closure, by the Alaska Department of Fish and Game,

of commercial, sport, and subsistence fisheries in several western

Alaska Districts.

To address the problems of high salmon bycatch in the BS, NMFS

implemented an emergency rule on August 15, 1994 (59 FR 35476, July 12,

1994) that imposed restrictions on ``other'' salmon bycatch during the

pollock nonroe season of 1994. The emergency rule closed a specific

area (the salmon savings area) in the CVOA after a limit of 42,000

``other'' salmon had been taken in the CVOA. The salmon savings area

(SSA) was defined based on historical observer data that indicated a

relatively high ``other'' salmon bycatch rate. Under the emergency rule

the SSA was closed to all trawling on August 20, 1994, 5 days after the

opening of the pollock nonroe season. As in past years, vessels fishing

in the SSA in 1994, prior to closure of this area, experienced a high

``other'' salmon bycatch rate. Continued fishing in the SSA in 1994

would likely have led to higher bycatch rates than those seen after the

closure.

At its January 1995 meeting, the Council recommended that NMFS

implement the following long-term management measures to address the

chum salmon bycatch problem in the BSAI pollock nonroe season:

1. The chum salmon savings area (CSSA), defined under the emergency

rule as the SSA, would be closed to all trawling for the month of

August, with the closure continuing or being reinstated once a bycatch

limit of 42,000 ``other'' salmon has been reached in the CVOA.

Accounting for chum salmon bycatch attributable towards the bycatch

limit would begin on August 15. The CSSA would reopen to trawling on

October 15.

2. Mothership processor vessels that receive pollock harvested in

the CVOA during the 1995 pollock nonroe season would be required to

carry two observers until the bycatch limit for ``other'' salmon is

reached or until October 15, whichever occurs first. For the same

period of time, those shoreside processing plants that also receive

pollock harvested in the CVOA during the 1995 pollock nonroe season and

that offload fish at two locations on the same dock and have distinct

and separate equipment at each location to process those fish would

also be required to have an extra observer. For 1996 and beyond,

observer coverage requirements for these vessels and shoreside plants

could be specified annually under the Research Plan.

3. Electronic communication capabilities would be required for each

mothership processor vessel that receives pollock harvested in the CVOA

during the pollock nonroe season and for each shoreside processing

facility that receives pollock harvested from the CVOA during the

pollock nonroe season and that is required to have 100-percent-

observer-coverage under 50 CFR 677.10.

These measures are described in detail and justified below.

Chum Salmon Savings Area

At its January 1995 meeting, the Council adopted an FMP amendment

that would provide the authority to prohibit trawl fisheries in an area

within the CVOA that historically accounts for relatively high salmon

bycatch rates during summer and fall months. The area would be closed

from August 1 through August 31. The closure would continue or be

reinstated once a bycatch limit of 42,000 ``other'' salmon is reached

and the area would remain closed through October 14. Accounting of

salmon towards the bycatch limit would start at the beginning of the

pollock nonroe season on August 15. Only salmon caught in the CVOA

would be counted towards the bycatch limit. This measure is intended to

reduce chum salmon bycatch in the pollock nonroe fishery.

The closure area (the CSSA) is defined by straight lines connecting

the following coordinates in the order listed:

56 deg.00' N., 167 deg.00' W.;

56 deg.00' N., 165 deg.00' W.;

55 deg.30' N., 165 deg.00' W.;

55 deg.30' N., 164 deg.00' W.;

55 deg.00' N., 164 deg.00' W.;

55 deg.00' N., 167 deg.00' W.;

56 deg.00' N., 167 deg.00' W.

At its January 1995 meeting, the Council considered three different

alternatives with seven options for time/area closures to limit chum

salmon bycatch during the pollock nonroe season. The Council

recommended the same closure area that was previously chosen for

closure under the emergency rule. This area was chosen as a minimum

closure area that would provide the most consistent protection to

``other'' salmon during the pollock nonroe season, but would still

allow access to productive pollock fishing grounds.

The CSSA historically has accounted for a large proportion of

``other'' salmon bycatch and a relatively small proportion of

groundfish harvest. The recommended 42,000 ``other'' salmon bycatch

limit represents 50 percent of the 1991, 1992, and 1993 average of

``other'' salmon bycatch in the CVOA. The 42,000 ``other'' salmon limit

approximates the 1991 and 1992 bycatch, while providing some buffer to

accommodate slight increases in bycatch.

During the period July through October, the recommended CSSA

accounted for 1.0, 0.8, and 7.0 percent of the total annual observed

groundfish catch in the BSAI pollock and Pacific cod trawl fisheries

during 1991, 1992, and 1993, respectively. During the period July

through October of 1991, 1992, and 1993, this area accounted for 38,

40, and 54 percent, respectively, of the total annual ``other'' salmon

bycatch. During the period July through October 1993, the CSSA had the

highest ``other'' salmon bycatch rate of the areas analyzed--

approximately 1.2 ``other'' salmon per metric ton (mt) of groundfish.

Also, during the pollock nonroe season in 1994, the CSSA had a

similarly high ``other'' salmon bycatch rate (1.12 salmon/mt

groundfish) prior to the closure of this area. The initial number of

salmon estimated in the first week of the 1994 pollock nonroe season

was similar in both 1993 and 1994. Total bycatch was reduced in 1994

following the closure of the CSSA. Determining whether the reduced

weekly catch of ``other'' salmon was due [[Page 20255]] to the closure

or would have occurred without the closure is difficult. Given the high

bycatch rates within the CSSA, closing this area likely had the desired

effect of reducing overall ``other'' salmon bycatch.

This proposed rule is intended to prevent a recurrence of the high

1993 chum salmon bycatch experienced during the BSAI pollock nonroe

season. The bycatch of ``other'' salmon appears to be a function of the

time of year, distribution of fishing effort, and spatial distribution

of salmon. Historical data indicate that ``other'' salmon bycatch is

reduced generally during the winter months and elevated during the

months of July through October. Approximately 67 percent of all

``other'' salmon bycatch in observed hauls during 1991 was taken during

August, and 40 percent and 62 percent of the 1992 and 1993 ``other''

salmon bycatch, respectively, was taken during the month of September.

Starting in 1993, the opening of the pollock nonroe season was delayed

from June 1 until August 15 (58 FR 30997, May 28, 1993). This delay was

implemented to achieve increased revenues from the harvest of BSAI

pollock during the nonroe season and to provide participants in the

pollock nonroe fishery increased opportunities to fish in other

groundfish fisheries.

Although the delay of the pollock nonroe season until August 15 was

expected to increase chum salmon bycatch, the magnitude of the 1993

bycatch amount was not anticipated. Spatially, the number of ``other''

salmon appears to be highest south of 57 deg. N. lat. and east of

168 deg. W. long. Consistent with historical data, about 80 percent of

the 1993 BSAI ``other'' salmon bycatch was taken in the CVOA.

Increased Observer Coverage and Electronic Transmission of Observer

Data

NMFS must rely on data collected by NMFS-certified observers to

manage the ``other'' salmon bycatch limit of 42,000 fish. Currently,

one observer is required on each mothership processor vessel

participating in either the inshore or offshore component pollock

fishery and at most shoreside processing plants receiving pollock.

Regulations at Sec. 675.20(c)(6) require that all salmon taken in BSAI

trawl operations be retained until the number of salmon is determined

by a NMFS-certified observer. NMFS intends to use these observed counts

to monitor the ``other'' salmon bycatch limit. To monitor the chum

salmon bycatch limit effectively and close the CSSA once the 42,000

fish bycatch limit has been reached, NMFS must receive daily electronic

reports of salmon bycatch numbers. NMFS typically receives weekly

reports on groundfish catch and on prohibited species bycatch to

monitor the fisheries.

The time required to process these reports results in a delay

between the receipt of reports and determination of overall catch

statistics that provide the basis for determining whether a closure is

required. If the ``other'' salmon bycatch were to proceed at the 1993

or 1994 rates, weekly reporting would not be sufficient to allow timely

closure of the CSSA once the 42,000 ``other'' salmon limit had been

reached, thus contributing to higher than necessary salmon bycatch

during the pollock nonroe season.

Effective monitoring of the bycatch limit requires a second

observer on each mothership processor vessel and at some shoreside

processing plants that receive fish from catcher boats fishing in the

CVOA during the pollock nonroe season. This requirement is necessary to

ensure accurate and timely counts of salmon bycatch, without

compromising the other groundfish sampling duties of the observer. The

time required by observers to count salmon bycatch for each haul and

transmit these data on a daily basis, places an extra burden on

observers. Because large numbers of hauls are delivered to mothership

processor vessels compared to some other processors a greater burden

would be placed on a single observer to obtain the necessary salmon

counts and transmit that information on a daily basis. Those shoreside

processors that offload fish at more than one location on the same dock

and have distinct and separate equipment at each location to process

those fish would also be required to have an extra observer to monitor

the large number of deliveries.

Salmon counts, to be attributed to the bycatch limit, would begin

on August 15. NMFS would require the additional observers to be aboard

the mothership processor vessels and at the shoreside processing plants

from August 15, the start of the pollock nonroe season, until the

bycatch limit of 42,000 fish has been reached. These vessels and

shoreside plants would be directly responsible for observer coverage

costs in 1995 and would not receive credit for these costs, under

Sec. 677.6(d), against 1995 Research Plan fee assessments authorized

under Sec. 677.6(b). Subsequent assignment of observer coverage for

1996 and beyond would be annually specified under the Research Plan

(Sec. 677.11).

To enable the observers to report haul-by-haul statistics and

salmon bycatch numbers on a daily basis, the operator of each

mothership processor vessel that receives fish harvested in the CVOA

must provide specific communication equipment.

The specific equipment listed below is similar to the requirements

for the emergency rule that also imposed restrictions on ``other''

salmon bycatch during the pollock nonroe season of 1994. The processors

affected by this rule should already have this communication equipment,

except that some computers may need to be upgraded. Significant

additional costs would not be incurred. This specific equipment is

necessary to ensure compatibility with the software developed by the

NMFS Observer Program Office. Equipment that differs from these

specifications would not operate the data-entry software that allows

electronic data transmission. Not all computer hardware and software

and satellite systems are compatible and it would be economically and

practically inefficient to set up multiple systems to transmit and

collect the same information. These equipment requirements are

consistent with the applicable specifications for vessel monitoring

systems published in the Federal Register on March 31, 1994 (59 FR

15180).

Mothership processor vessels would be required to have INMARSAT

Standard A satellite communication capabilities and associated software

(cc:Mail remote and a data entry program provided by the Regional

Director) for observer's use. Each mothership processor vessel must

also have the following equipment or equipment compatible therewith and

having the ability to operate the NMFS-supplied data entry software

program: a personal computer (PC) with a 486 or better processing chip,

a DOS version 3.0 or better operating system, and 10 megabytes of free

hard disk storage, and eight megabytes of random access memory (RAM)

available to support the program used by the observer. Each shoreside

facility that receives pollock harvested in the CVOA during the pollock

nonroe season and that is required to have 100-percent-observer-

coverage under 50 CFR 677.10, must have the capability to transmit data

over telephone lines using a computer modem. These processors would

make available to observers the following equipment or equipment

compatible therewith: a PC with a 486 or better processing chip, with

at least a 9600 baud modem, and a phone line. The PC must be equipped

with a mouse, Windows version 3.1, or a program having the ability to

operate the NMFS-supplied data entry software program, and have at

least 10 megabytes of free [[Page 20256]] hard disk storage with eight

megabytes RAM to support the software program used by the observer.

Vessels and shoreside processing facilities would be required to

maintain fully functional and operational electronic-data communication

equipment.

The affected mothership processor vessels and shoreside processors

must obtain for observers' use the data entry software program provided

by the Regional Director.

Classification

Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish

regulations proposed by a Council within 15 days of receipt of the FMP

amendment and regulations. At this time NMFS has not determined that

the FMP amendment that these rules would implement is consistent with

the national standards, other provisions of the Magnuson Act, and other

applicable laws. NMFS in making that determination, will take into

account the data, views, and comments received during the comment

period.

The Council prepared an IRFA as part of the RIR, which describes

the impact of this proposed rule on small entities, if adopted. The

IRFA indicates that the preferred option was the most cost-effective of

the options considered.

Although, the groundfish historically caught in this area can be

harvested elsewhere in the BS, this proposed action could have a

significant economic impact on the segment of the fishing industry that

fishes for nonroe pollock because all of the catcher vessels would be

prohibited from trawling in the closure area and would have to

relocate, incurring undeterminable expenses. Operating costs could

increase for catcher vessels that are forced to fish in locations other

than the closure area and the catch-per-unit-effort in the locations

that these vessels are displaced to may be less than in the closure

area. These factors could contribute, for these catcher vessels, to

reductions in gross revenues of more than 5 percent, annual compliance

costs that increased total costs of production by more than 5 percent,

or compliance costs for small entities that are at least 10 percent

higher than compliance costs as a percent of sales for large entities.

A copy of this analysis is available from the Council (see

ADDRESSES).

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Parts 675 and 677

Fisheries, Reporting and recordkeeping requirements.

Dated: April 19, 1995.

Richard H. Schaefer,

Acting Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For reasons set out in the preamble, 50 CFR parts 675 and 677 are

proposed to be amended as follows:

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

1. The authority citation for part 675 continues to read as

follows:

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

2. Section 675.22, paragraph (h) is added to read as follows:

Sec. 675.22 Time and area closures.

* * * * *

(h) Chum Salmon Savings Area. (1) Trawling is prohibited from

August 1 through August 31 in the area defined by straight lines

connecting the following coordinates in the order listed:

56 deg.00' N. 167 deg.00' W.,

56 deg.00' N. 165 deg.00' W.,

55 deg.30' N. 165 deg.00' W.,

55 deg.30' N. 164 deg.00' W.,

55 deg.00' N. 164 deg.00' W.,

55 deg.00' N. 167 deg.00' W.,

56 deg.00' N. 167 deg.00' W.

(2) When the Regional Director determines that 42,000 nonchinook

salmon have been caught by vessels using trawl gear during the time

period of August 15 through October 14 in the catcher vessel

operational area, defined in paragraph (g) of this section, NMFS will

prohibit fishing with trawl gear for the remainder of the period

September 1 through October 14 in the area defined under paragraph

(h)(1) of this section.

3. Section 675.25 is revised as follows:

Sec. 675.25 Observer requirements.

(a) General. Bering Sea and Aleutian Islands management area

groundfish observer requirements are contained in part 677 of this

chapter.

(b) Additional observer coverage requirements applicable through

December 31, 1995. (1) Each mothership processor vessel that receives

pollock harvested by catcher vessels in the catcher vessel operational

area, defined at Sec. 675.22(g), during the second pollock season that

starts on August 15 under Sec. 675.23(e), is required to have a second

NMFS-certified observer aboard, in addition to the observer required

under Sec. 677.10(a)(1)(i) of this chapter for each day of the second

pollock season until the chum salmon savings area is closed under

Sec. 675.22(h)(2).

(2) Each shoreside processor that offloads fish at more than one

location on the same dock and has distinct and separate equipment at

each location to process those fish and that receives pollock harvested

by catcher vessels in the catcher vessel operational area, defined at

Sec. 675.22(g), during the second pollock season that starts on August

15, under Sec. 675.23(e) is required to have a NMFS-certified observer,

in addition to the observer required under Sec. 677.10(a)(1)(i) of this

chapter, at each location where fish is offloaded, for each day of the

second pollock season until the chum salmon savings area is closed

under Sec. 675.22(h)(2).

PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN

4. The authority citation for part 677 continues to read as

follows:

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

5. Section 677.10, paragraphs (c)(3) and (d)(3) are revised to read

as follows:

Sec. 677.10 General requirements.

* * * * *

(c) * * *

(3) Facilitate transmission of observer data by:

(i) Allowing observers to use the vessel's communication equipment

and personnel, on request, for the entry, transmission, and receipt of

work-related messages, at no cost to the observers, the State of

Alaska, or the United States;

(ii) Ensuring that each mothership that receives pollock harvested

in the catcher vessel operational area, defined at

Sec. 675.22(g) of this chapter, during the pollock nonroe season

that starts on August 15, is equipped with INMARSAT Standard A

satellite communication capabilities, cc:Mail remote, and the data

entry software, provided by the Regional Director, for use by the

observer. The operator of each mothership processing vessel shall also

make available for the observers' use the following equipment

compatible therewith and having the ability to operate the NMFS-

supplied data entry software program: a personal computer with a 486 or

better processing chip, a DOS 3.0, or better operating system with 10

megabytes free hard disk storage and 8 megabytes RAM; and

(iii) Ensuring that the communication equipment that is on

mothership processor vessels as specified at paragraph (c)(3)(ii) of

this section, and [[Page 20257]] that is used by observers to transmit

data is fully functional and operational.

* * * * *

(d) * * *

(3) Facilitate transmission of observer data by:

(i) Allowing observers to use the shoreside processing facility's

communication equipment and personnel, on request, for the entry,

transmission, and receipt of work-related messages, at no cost to the

observers, the State of Alaska, or the United States;

(ii) Ensuring that each shoreside processing facility that is

required to have 100-percent-observer-coverage under Sec. 677.10 and

that receives pollock harvested in the catcher vessel operational area,

defined at Sec. 675.22(g) of this chapter, during the second pollock

season that starts on August 15, under Sec. 675.23(e) of this chapter,

makes available to the observer the following equipment or equipment

compatible therewith: a personal computer with a minimum of a 486

processing chip with at least a 9600-baud modem and a telephone line.

The personal computer must be equipped with a mouse, Windows version

3.1, or a program having the ability to operate the NMFS-supplied data

entry software program, 10 megabytes free hard disk storage, 8

megabytes RAM, and with data entry software provided by the Regional

Director for use by the observers; and

(iii) Ensuring that the communication equipment that is in the

shoreside processing facility as specified at paragraph (d)(3)(ii) of

this section, and that is used by observers to transmit data is fully

functional and operational.

* * * * *

[FR Doc. 95-10150 Filed 4-20-95; 2:46 pm]

BILLING CODE 3510-22-F