Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Area; Amendment 58 to Revise the Chinook Salmon Savings Areas

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 991210329-9329-01; I.D. 102699B]

RIN 0648-AM63

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea

and Aleutian Islands Area; Amendment 58 to Revise the Chinook Salmon

Savings Areas

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 58 to the

Fishery Management Plan for the Groundfish Fishery in the Bering Sea

and Aleutian Islands Area (BSAI) (FMP) and associated recommendations

from the North Pacific Fishery Management Council (Council). Amendment

58 would establish a framework to allow NMFS to reduce the annual trawl

bycatch limit for chinook salmon and it would revise the Chinook Salmon

Savings Area (CHSSA) in the BSAI. This action is necessary to reduce

chinook salmon bycatch and is intended to further the conservation and

management objectives of the FMP.

DATES: Comments on the proposed rule must be received no later than

February 4, 2000.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,

P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel, or delivered

to the Federal Building, 709 West 9th Street, Juneau, AK.

NMFS will not accept comments submitted by e-mail or the Internet.

Copies of Amendment 58 and the Environmental Assessment/Regulatory

Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA)

prepared for this action may be obtained from the same address or by

calling the Alaska Region, NMFS, at 907-586-7228.

FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228 or

[email protected]

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the

BSAI under the FMP. Regulations appearing at 50 CFR part 679 issued

under authority of the Magnuson-

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Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)

implement the FMP. General regulations governing U.S. fisheries appear

at 50 CFR part 600. The Council prepared the FMP under authority of the

Magnuson-Stevens Act. The Council prepared Amendment 58 to the FMP

primarily to reduce bycatch of chinook salmon by trawl fisheries in the

BSAI. NMFS published a notice of availability for this amendment in the

Federal Register at 64 FR 60157 on November 4, 1999, soliciting public

comments on this amendment through January 3, 2000. Public comments

that are received on that request for comments or in response to this

notice of proposed rulemaking on or before January 3, 2000, will be

considered in the approval/disapproval decision. Comments received

after that date, but before the end of the comment period for this

proposed rule, will not be considered in the approval-disapproval

decision of the amendment, but will be considered in context of this

proposed rule. The preamble of the final rule will contain a summary of

the comments received, both on Amendment 58 and on the proposed rule.

Copies of Amendment 58 are available upon request (see ADDRESSES).

Background

Trawl fisheries in the BSAI, particularly the midwater pollock

fishery, incidentally catch chinook salmon, which is why Amendment 58

removes the PSC limit. Salmon are prohibited species in the BSAI

groundfish fisheries. They cannot be retained and must be returned to

the sea as soon as possible with a minimum of injury after they have

been counted by a NMFS certified observer. However, the mortality rate

for salmon caught in trawl fisheries is 100 percent as salmon cannot

survive interception by trawl gear. Final regulations published on

November 29, 1995 (60 FR 61215), effective January 1996, established

annual prohibited species catch (PSC) limits for chinook salmon and

specific seasonal no trawling zones in the CHSSA that are triggered

when the limits are reached. These existing regulations prohibit

trawling in the CHSSA through April 15 of each year once the bycatch

limit of 48,000 chinook salmon, as specified in the FMP, is reached.

Chinook salmon bycatch in trawl fisheries reached a high in 1980,

when foreign trawl vessels intercepted approximately 115,000 chinook

salmon. Following Federal action to reduce bycatch in the trawl

fisheries, the foreign fleet was constrained by a bycatch reduction

schedule that reduced the allowable level each year from 65,000 chinook

salmon in 1981 to 16,500 chinook salmon in 1986. Domestic vessels began

fishing in the mid-1980s and bycatch numbers remained below 40,000 fish

until 1993. From 1994 to 1998, most of the chinook salmon bycatch was

within the area designated as the CHSSA. During this same period, the

bycatch limit of 48,000 chinook salmon was exceeded four times, with a

high of about 60,000 chinook salmon intercepted in 1998. Since 1996,

when the CHSSA became effective, a PSC limit of 48,000 chinook salmon

has been in place between January 1 and April 15 for vessels using

trawl gear, with no restrictions on the amount of chinook salmon

bycatch in the subsequent months.

Concern over chinook salmon bycatch in the groundfish trawl

fisheries exists because incidental harvests reduce the amount of

chinook salmon available for escapement and subsistence in commercial

and recreational fisheries. Between 50 and 90 percent of the chinook

salmon bycatch in the BSAI is estimated to originate in Western Alaska

river systems. Minimum escapement goals for the Yukon River, Kuskokwim

River, and portions of Bristol Bay are being met through careful

management of directed fisheries by time, area, and gear restrictions.

In addition, chinook salmon is one of the major food items of Native

communities in Western and Interior Alaska and plays an important role

in supporting the indigenous cultures and mixed, subsistence-cash

socioeconomic systems of these peoples. Finally, commercial and

recreational chinook salmon fishing provides a primary source of income

for Western Alaska communities.

The Magnuson-Stevens Act emphasizes the importance of minimizing

bycatch in achieving sustainable fisheries. National standard 9

mandates that conservation and management measures, to the extent

practicable, (1) minimize bycatch and (2) to the extent bycatch cannot

be avoided, minimize the mortality of such bycatch. In addition,

section 303 of the Magnuson-Stevens Act was amended in 1996 to add

bycatch reduction incentives as a discretionary provision of fishery

management plans. This provision states that any fishery management

plan may ``include, consistent with the other provisions of this Act,

conservation and management measures that provide harvest incentives

for participants within each gear group to employ fishing practices

that result in lower levels of bycatch or in lower levels of the

mortality of bycatch'' (section 303(b)(10)).

To comply with these provisions of the Magnuson-Stevens Act, the

Council emphasized the need for additional bycatch management measures

during the 1997 call for proposals to reduce bycatch and bycatch rates.

At its meeting in September 1997, the Council initiated development of

an analysis to investigate lowering the chinook salmon bycatch limit in

the BSAI. This proposal, submitted by the Yukon River Drainage

Fisheries Association, identified the current bycatch trigger of 48,000

chinook salmon as too high to reduce chinook salmon bycatch

effectively. Additionally, bycatch of chinook salmon after April 15

does not apply toward the PSC limit that triggers a closure.

At its meeting in February 1999, the Council considered this

information and the analysis prepared by its staff and by staff from

the Alaska Department of Fish and Game in support of this action and

adopted Amendment 58 to the BSAI FMP to reduce chinook salmon bycatch

in the BSAI. The Council considered five alternatives and recommended

the combination of FMP and regulatory amendments that would: (1) Reduce

the chinook salmon bycatch limit from 48,000 to 29,000 chinook salmon

over a 4-year period, (2) implement year-round accounting of chinook

salmon bycatch for the pollock fishery, beginning on January 1 of each

year, (3) revise the boundaries defined by the CHSSA, and (4) set new

CHSSA closure dates.

Elements of the Proposed Rule

Chinook Salmon Savings Areas

Currently, the CHSSA encompasses three non-contiguous areas of the

BSAI comprising nine geographic blocks, each defined by 1/2 deg.

latitude by 1 deg. longitude. These blocks are closed to all vessels

using trawl gear through 1200 hours Alaska local time (A.l.t.) April 15

once an annual PSC limit of 48,000 chinook salmon is reached.

Monitoring of incidental catches in the trawl fisheries begins on

January 1. If closed, the CHSSA reopens 1200 hours A.l.t. April 15 for

the remainder of the year, regardless of the amount of chinook salmon

bycatch.

Analysis of 1994-1997 observer data indicated that the current

boundaries of the CHSSA could be modified slightly to incorporate new

regions of relatively high chinook bycatch. High rates of bycatch were

found in the vicinity of the Pribilof Islands. However, bycatch within

specific areas and years was not found to be consistent. Alternatively,

the two-block component of the current

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CHSSA, in the Pribilof Islands, has had low bycatch rates of chinook

salmon since its inception in 1996. Hence, these two blocks would be

removed from the CHSSA. Additionally, the new area near Unimak Island,

which showed consistently high bycatch rates of chinook salmon, would

be included in the revised CHSSA.

Progressive Reduction of the Chinook Salmon Bycatch Limit

This action would prohibit directed fishing for pollock by vessels

using trawl gear within the CHSSA when NMFS determines that the bycatch

limit for chinook salmon has been attained for each year according to

the following schedule:

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

Year Chinook Salmon Limit

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

2000 41,000

2001 37,000

2002 33,000

2003 and after 29,000

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

Accounting for the PSC limit would begin on January 1 and continue

throughout the fishing year. Non-pollock fisheries, which account for

about 10 percent of the trawl chinook salmon bycatch, would be exempt

from the closure of the CHSSA, and any chinook salmon bycatch in those

fisheries would not be counted toward the PSC limit.

Historically, the Pacific cod trawl fishery is the only non-pollock

fishery that intercepts a significant amount of chinook salmon. This

fishery has accounted for a consistent amount of bycatch, ranging from

5,000 to 7,000 chinook salmon per year, while the pollock fishery

bycatch of chinook salmon has ranged from approximately 40,000 to

60,000 chinook salmon per year. The Council recommended the exemption

of the Pacific cod fishery because the Pacific cod fishery has

exhibited consistent and relatively low bycatch of chinook salmon

(about 10 percent of the annual bycatch). The pollock fishery has

intercepted about 90 percent of the annual chinook salmon bycatch and

has also shown greater flexibility in reducing its bycatch of chinook

salmon by altering its fishing patterns. For these reasons, the Council

determined that a PSC limit would be most effective if applied in a

relative amount to the pollock fishery only. The Council assumed that a

bycatch limit of 29,000 chinook salmon for the pollock fishery would be

in addition to about 7,000 chinook salmon intercepted annually by the

Pacific cod fishery (for a total of about 36,000 chinook salmon taken

as bycatch).

In the event the chinook salmon limit is triggered before April 15,

the CHSSA would close immediately. The closure would be removed on

April 15 (before the beginning of the second pollock season), but would

be reinitiated on September 1 and continue through the end of the year.

If the limit were reached after April 15, but before September 1, then

the CHSSA would close on September 1. The date, September 1, was

selected because analysis indicates that bycatch increases in the fall.

If the limit were reached after September 1, the CHSSA would close

immediately and not reopen until the following year on January 1.

Classification

This action has been determined to be not significant under E.O.

12866.

NMFS has prepared an IRFA that describes the economic impact this

proposed rule, if adopted, would have on small entities. A copy of this

analysis is available from NMFS (see ADDRESSES).

The proposed action would apply to the 138 fishing vessels in the

pollock fishery. In 1997, 34 factory trawlers and 106 catcher vessels

participated in the pollock fishery harvesting about 1.15 million mt of

pollock, an ex-vessel value of about $227 million. Under the proposed

rule, if a chinook salmon PSC limit were attained, all vessels would be

prohibited from directed fishing for pollock within the CHSSA, and the

proposed regulations could affect all 138 vessels, including CDQ

vessels. However, the available pollock TAC would not be reduced; only

the location of the catch would be restricted. Therefore, this action

should not prevent these vessels' ability to harvest the entire amount,

although pollock catch rates could decrease as a direct result of a

CHSSA closure. During the summer months when chinook salmon bycatch has

been historically very low, the CHSSA would be open for directed

fishing even if the PSC limit has been previously attained. NMFS is not

aware of any Federal regulations that duplicate this proposed rule. No

new reporting, recordkeeping, or compliance requirements are imposed by

this rule. NMFS designed this rule to minimize impacts on small

entities. The rule would specifically target the pollock fishery, which

is composed primarily of large entities and which historically has been

responsible for the vast majority of chinook salmon bycatch in the

BSAI. All other fisheries in the BSAI, many of which have a higher

number and percentage of small entity participation, are exempt from

the chinook salmon PSC limit and any trawling prohibitions that might

result from attainment of a PSC limit. Chinook salmon bycaught in non-

pollock fisheries also would not be counted toward the cap under the

preferred alternative, which reduces the potential for behavior of non-

pollock fisheries to adversely impact (small) pollock operations. NMFS

considered the alternative of maintaining the status quo. Although

maintaining the status quo might minimize impacts on small entities, it

would not achieve the objectives of this action.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: December 15, 1999.

Andrew A. Rosenberg,

Deputy 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 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 for Chinook Salmon Savings Area of

the BSAI is revised to read as follows:

* * * * *

Chinook Salmon Savings Area of the BSAI (see

Sec. 679.21(e)(7)(viii)).

* * * * *

3. In Sec. 679.7, paragraph (d)(9) is revised to read as follows:

Sec. 679.7 Prohibitions.

* * * * *

(d) * * *

(9) For the operator of an eligible vessel listed on an approved

CDP, use trawl gear to harvest pollock CDQ in the Chinook Salmon

Savings Area between January 1 and April 15, and between September 1

and December 31, after the CDQ group's chinook salmon PSQ is attained.

* * * * *

4. In Sec. 679.21, paragraphs (e)(1)(vii) and (e)(7)(viii) are

revised to read as follows:

Sec. 679.21 Prohibited species bycatch management.

* * * * *

(e) * * *

(1) * * *

(vii) Chinook salmon. The trawl closures identified in paragraph

(e)(7)(viii) of this section will take effect

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when the Regional Administrator determines that the PSC limit of

chinook salmon caught while harvesting pollock in the BSAI between

January 1 and December 31 is attained according to the following

amounts identified for each year:

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

Year Chinook Salmon Limit

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

2000 41,000

2001 37,000

2002 33,000

2003 and after 29,000

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

* * * * *

(7) * * *

(viii) Chinook salmon. (A) Closure. If, during the fishing year,

the Regional Administrator determines that catch of chinook salmon, by

vessels using trawl gear while directed fishing for pollock in the

BSAI, will reach the annual limit, as identified in paragraph

(e)(1)(vii) of this section, NMFS, by notice in the Federal Register

will close the Chinook Salmon Savings Area, as defined in Figure 8 to

this part, to directed fishing for pollock with trawl gear consistent

with the following dates:

(1) From the effective date of the closure notice until April 15,

and from September 1 through December 31, if the Regional Administrator

determines that the annual limit of chinook salmon will be attained

before April 15.

(2) From September 1 through December 31, if the Regional

Administrator determines that the annual limit of chinook salmon will

be attained after April 15.

(B) [Reserved]

* * * * *

5. In part 679, Figure 8 is removed and Figure 8a and Figure 8b are

added to read as follows:

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[FR Doc. 99-32924 Filed 12-20-99; 8:45 am]

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