[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Proposed Rules]
[Pages 85-87]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33369]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961217360-6360-01; 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.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 41 to 
the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area (FMP). This rule would adjust the 
prohibited species catch (PSC) limits for Tanner crab (Chionoecetes 
bairdi) (C. bairdi) in Zones 1 and 2 of the Bering Sea. This measure is 
necessary to protect the C. bairdi stock in the Bering Sea, which has 
declined to a level that presents a serious conservation problem. 
Changes to the previously proposed 1997 C. bairdi prohibited species 
bycatch allowances for the Bering Sea and Aleutian Islands management 
area (BSAI) trawl fisheries are also proposed to reflect the proposed 
adjustment to the C. bairdi PSC limits. This measure is intended to 
accomplish the objectives of the FMP.

DATES: Comments must be received by February 18, 1997.

ADDRESSES: Comments should be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802, Attn: Lori J. Gravel, or delivered to the Federal Building, 709 
West 9th Street, Juneau, AK. Copies of the Environmental Assessment/
Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/
RIR/IRFA) 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: 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 North Pacific Fishery Management Council (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.

Background

    Bering Sea crab stocks currently are at relatively low levels, 
based on recent NMFS bottom trawl survey data. Recruitment and 
exploitable biomass of Bering Sea Tanner crab (C. bairdi) stocks are 
near historically low levels. The 1995 Tanner crab 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. 
Preliminary 1996 survey data indicate that the stock decline will 
continue.
    Crab is a bycatch species in the groundfish fisheries. 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.
    The Council initiated several analyses in January 1995 to examine 
measures to further limit crab bycatch in the groundfish fisheries. 
Proposed alternatives included a reduction of existing crab bycatch 
limits (with an option that the limits be based on crab abundance) and 
establishment of bycatch limits for snow crab (C. opilio).
    At its January 1996 meeting, the Council requested that a suite of 
crab bycatch management measures be examined in one package, so that 
the impacts of these measures could be analyzed in a comprehensive 
manner. An additional option of establishing PSC limits for Tanner crab 
based on abundance thresholds was proposed by the Alaska Crab Coalition 
in January 1996 and was added to the analysis at the request of the 
Council.
    At its April 1996 meeting, the Council modified the alternatives to 
include reduced PSC limits for Tanner crab and snow crab. In June 1996, 
the Council formed an industry work group to review proposed PSC limits 
for Tanner and snow crab. 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 took final action on C. bairdi PSC limits 
under Amendment 41 to the FMP. The Council also encouraged the industry 
work group to continue to pursue an agreement for an appropriate PSC 
limit for C. opilio crab that could be presented to the Council in the 
near future. Adjustment of the C. bairdi PSC Limit.
    Amendment 41 would modify the current C. bairdi PSC limits of 
1,000,000 animals in Zone 1 and 3,000,000 animals in Zone 2 and provide 
for the annual specification of the revised PSC limits, based on the 
total estimated abundance of C. bairdi as follows:

------------------------------------------------------------------------
 Zone              Abundance              PSC limit (number of animals) 
------------------------------------------------------------------------
1.....  0-150 million crabs............  0.5% of abundance.             
        150-270 million crabs..........  750,000.                       
        270-400 million crabs..........  850,000.                       
        over 400 million crabs.........  1,000,000.                     
2.....  0-175 million crabs............  1.2% of abundance.             
        175-290 million crabs..........  2,100,000.                     
        290-400 million crabs..........  2,550,000.                     
        over 400 million crabs.........  3,000,000.                     
------------------------------------------------------------------------

    Based on the abundance of C. bairdi estimated from the 1996 NMFS 
trawl survey (185 million crabs), the PSC limit for C. bairdi in 1997 
would be 750,000 crabs in Zone 1 and 2,100,000 crabs in Zone 2. Details 
of and justification for the proposed PSC limit adjustments under 
Amendment 41 are as follows:
    C. bairdi PSC limits for U.S. trawl vessels in specified BSAI 
fisheries were first established in 1986 by emergency

[[Page 86]]

rule (51 FR 20652, June 6, 1986) and extended in 1987 under Amendment 
10 to the FMP (52 FR 8592; March 19, 1987). In 1987 and 1988, the C. 
bairdi PSC limits were the subject of negotiations between groundfish, 
crab, and halibut fishery representatives under the premise that 
measures to limit bycatch of one prohibited species may impact the 
bycatch rates of another prohibited species. Determination of the PSC 
limits began with the best available scientific information on the 
abundance and distribution of the specified crab and halibut species 
and their rate of bycatch in fisheries for certain species of 
groundfish. These determinations were reviewed and debated in meetings 
of the Council's Bycatch Committee. Based on this process, the C. 
bairdi PSC limits were established in 1989 at 1,000,000 animals in Zone 
1 and 3,000,000 animals in Zone 2 (54 FR 32642; August 9, 1989). 
Regulations at Sec. 679.21(e) provide for the apportionment of these 
PSC limits among trawl fisheries during the annual specification 
process as fishery-specific bycatch allowances. When a fishery attains 
its specified bycatch allowance, the zone is closed to that fishery.
    The bycatch of C. bairdi in the 1995 BSAI groundfish fisheries 
totaled 2.3 million crabs (923,000 in Zone 1 and approximately 1.3 
million in Zone 2), which is reduced significantly from 4.3 million in 
1992. About 98 percent of the C. bairdi bycatch occurs in the trawl 
fisheries. The yellowfin sole fishery accounts for most of the Tanner 
crab bycatch, followed by the rock sole/flathead sole/other flatfish 
fisheries. Bycatch is highest in NMFS statistical area 509 in Zone 1 
and statistical area 513 in Zone 2. Large numbers of Tanner crab also 
are consistently taken in statistical areas 517 and 521 in Zone 2. Data 
indicate that the recent level of Tanner crab bycatch in trawl 
fisheries (1992-95 average of 3.06 million) is high relative to the 
1978-87 average of 2.06 million.
    The Council's proposed adjustment to the C. bairdi PSC limits is an 
effort to protect further the stocks of Bering Sea Tanner crab by 
limiting the incidental take of this species when the stock is 
depressed. The proposed criteria for the annual specification of the C. 
bairdi PSC limits were developed by the Council-appointed industry work 
group. Although the industry work group did not make recommendations 
for C. opilio PSC limits, the group will meet in the future and attempt 
to reach consensus on this issue.

Economic Considerations

    Estimates based on the Bering Sea simulation model using 1993 and 
1994 fishery data indicate that the proposed management measure would 
lead to a slight decrease in the net benefits to the Nation over the 
status quo. The approximately $1.2 million decrease in net benefits 
using 1993 data and approximately $2.2 million decrease in net benefits 
using 1994 data would have resulted in decreases of 0.4 percent and a 
0.8 percent, respectively, of the net benefits to the Nation, had the 
proposed measure been effective during those years. However, given a 
certain level of uncertainty inherent in the data, and in the model 
procedures, these predicted changes in net benefits to the Nation are 
not great enough to indicate an actual change from the status quo.
    Implementation of the proposed measure, along with area closures 
proposed to protect red king crab under Amendment 37 (61 FR 65985, 
December 16, 1996; final rule cite), may have cumulative effects on 
groundfish trawl fisheries. As noted by the Council's Scientific and 
Statistical Committee, time and area closures cause temporal and 
spatial shifts in groundfish fishery effort. With each additional 
bycatch restriction, options for the groundfish trawl fleets are 
reduced, resulting in effort shifts that could increase the bycatch of 
other prohibited species. However, these tradeoffs will occur with any 
protection closure that may be implemented. Proposed Changes to the 
Proposed 1997 Prohibited Species Bycatch Allowances for the BSAI Trawl 
Fisheries.
    As part of the annual BSAI groundfish specification process, the 
Council recommended PSC allowances for the BSAI trawl fisheries at its 
September 1996 meeting. NMFS published in the Federal Register the 
proposed 1997 BSAI groundfish specifications that include the PSC 
allowances for the trawl fisheries (61 FR 60076, November 26, 1996). 
Table 7 of the proposed 1997 PSC allowances for the BSAI trawl 
fisheries would be amended as follows to reflect the proposed 
adjustments to the C. bairdi PSC limits:

   Table 7.--Proposed 1997 Prohibited Species Bycatch Allowances of C.  
            Bairdi, Tanner Crab for the BSAI Trawl Fisheries            
------------------------------------------------------------------------
                 Trawl fisheries                    Zone 1      Zone 2  
------------------------------------------------------------------------
                                                                        
(1) (number)                                                            
                                                 -----------------------
Yellowfin sole..................................     187,500   1,071,000
Rocksole/flathead sole/otherflat................     318,750     357,000
Turbot/arrowtooth/sablefish.....................           0           0
Rockfish........................................           0       6,300
Pacific cod.....................................     187,500     182,700
Pollock/Atka mackerel/other.....................      56,250     483,000
                                                 -----------------------
      Total.....................................     750,000   2,100,000
------------------------------------------------------------------------

    These fishery bycatch allowances reflect the same relative 1997 
fishery apportionments of the C. bairdi PSC limits as those proposed by 
the Council at its September 1996 meeting.

Classification

    This proposed rule to implement Amendment 41 has been preliminarily 
determined to be adequate to put before the public for comment. At this 
time, NMFS has not determined that the FMP amendment this rule would 
implement is consistent with the national standards, other provisions 
of the Magnuson-Stevens Act, and other applicable laws. NMFS, in making 
that determination, will take into account the data, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared an IRFA as part of the RIR, which describes 
the impact this proposed rule would have on small entities, if adopted. 
Based on the analysis, it was determined that this proposed rule could 
have a significant economic impact on a substantial number of small 
entities. In 1995 there were 156 trawl vessels in the BSAI. Those trawl 
vessels and processors participating in the BSAI groundfish fishery 
could be affected by this proposed action. Most catcher vessels 
harvesting groundfish off Alaska are considered small entities and 
would be affected by the reduced C. bairdi PSC limits. The economic 
impact on small entities that would result from reduced PSC limits 
could result in a reduction in annual gross revenues of more than 5 
percent and would have a significant economic impact on a substantial 
number of small entities. The 132 trawl catcher vessels that harvested 
BSAI groundfish in 1993 are considered small entities. Many of these 
vessels could be affected by the proposed reduced PSC limits, based on 
the best available information. A copy of this analysis is

[[Page 87]]

available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: December 27, 1996.
Nancy Foster,
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.

    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 paragraph (e)(1)(ii) is 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 Tanner 
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 Tanner crab 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 Tanner crabs in 
Zone 1 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 Tanner crabs in 
Zone 2 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.
* * * * *
[FR Doc. 96-33369 Filed 12-30-96; 9:45 am]
BILLING CODE 3510-22-W