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

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.

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

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]

BILLING CODE 3510-22-W