[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Proposed Rules]
[Pages 10016-10020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5438]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 970226037-7037-01; I.D. 022197F]
RIN 0648-AJ39
Fisheries of the Exclusive Economic Zone Off Alaska; Management
Measures to Reduce Seabird Bycatch in the Hook-and-Line Groundfish
Fisheries
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 require operators of hook-and-
line vessels fishing for groundfish in the Bering Sea and Aleutian
Islands management area (BSAI) and the Gulf of Alaska (GOA) and
federally-permitted hook-and-line vessels fishing for groundfish in
Alaska waters adjacent to the BSAI and to the GOA, to conduct
[[Page 10017]]
fishing operations in a specified manner, and to employ specified bird
avoidance techniques to reduce seabird bycatch and incidental seabird
mortality. This measure is necessary to mitigate hook-and-line fishery
interactions with the short-tailed albatross, an endangered species
protected under the Endangered Species Act (ESA), and other seabird
species. This measure is intended to accomplish the objectives of the
ESA and of the Fishery Management Plan for Groundfish of the Gulf of
Alaska and the Fishery Management Plan for the Groundfish Fishery of
the Bering Sea and Aleutian Islands Area (Groundfish FMPs) with respect
to the management of the GOA groundfish fishery and the BSAI groundfish
fishery and the marine environment.
DATES: Comments must be received by March 20, 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 GOA and
the BSAI in the Exclusive Economic Zone (EEZ) are managed by NMFS under
the Groundfish FMPs. The FMPs were prepared by the North Pacific
Fishery Management Council (Council) under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 773 et seq., 1801 et seq.;
Magnuson-Stevens Act) and are 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
Recent takes of the endangered short-tailed albatross (Diomedea
albatrus) (two in 1995 and one in 1996) in hook-and-line groundfish
fisheries in the BSAI and the GOA highlight a seabird bycatch problem.
A biological opinion issued in an ESA section 7 consultation on the GOA
and BSAI groundfish fisheries includes an incidental take statement for
the take of two short-tailed albatrosses annually in the fisheries. If
the annual take exceeds two, NMFS immediately must reinitiate section 7
consultation and review with the U.S. Fish & Wildlife Service (USFWS)
the need for possible modification of the reasonable and prudent
measures established to minimize take of the short-tailed albatross.
In response to these recent takes, several industry groups
representing hook-and-line vessels in the GOA and the BSAI petitioned
the Council and NMFS to impose regulatory measures intended to reduce
the incidental mortality of seabirds in their fisheries. The presence
of ``free'' food in the form of offal and bait attract many birds to
fishing operations. In the process of feeding, birds sometimes come
into contact with fishing gear and are accidentally killed. For
example, most birds taken during hook-and-line operations are attracted
to the baited hooks when the gear is being set. These birds become
hooked at the surface and are then dragged underwater where they drown.
The proposed measures would reduce the incidental mortality of short-
tailed albatrosses and other seabird species by (1) minimizing the
seabirds' attraction to fishing vessels and (2) preventing seabirds
from attempting to seize baited hooks.
At its December 1996 meeting, the Council voted unanimously to
recommend that all hook-and-line vessels fishing for groundfish in the
GOA and BSAI must use certain seabird bycatch avoidance devices
intended to reduce the incidental mortality of the short-tailed
albatross and other seabird species. At its April 1997 meeting, the
Council is scheduled to take final action to expand these measures to
the Pacific halibut fishery in convention waters off Alaska. Should the
Council take this action, rulemaking to require seabird avoidance
measures would be initiated separately for the halibut fishery.
At the February 1997 Council meeting, NMFS informed the Council of
revisions in the draft proposed rulemaking made because of concerns
regarding the enforceability of some of the seabird avoidance measures.
The Council reiterated its December 1996 recommendations that the
seabird avoidance measures be required in regulation.
Seabird Bycatch in Alaskan Groundfish Fisheries
Over 80 species of seabirds, including the short-tailed albatross,
occur over waters off Alaska and could potentially be affected by
interactions with the GOA and BSAI groundfish fisheries. Fulmars,
gulls, and albatrosses account for the vast majority of seabird bycatch
in both the GOA and the BSAI. NMFS, USFWS, and the National Biological
Survey are cooperating to obtain accurate information on the mortality
of seabirds related to hook-and-line, trawl, and pot vessels fishing
groundfish in the EEZ of the GOA and BSAI. This cooperative project
will also address questions about the effects of various levels of take
on the world-wide population of short-tailed albatrosses, currently
estimated at 800 birds. Whereas the USFWS provided an opinion in 1989
that short-tailed albatrosses could be adversely affected by commercial
fishing operations in Alaska, this effect on the world population is
unknown.
The EA/RIR/IRFA prepared for this action contains more information
on Alaskan seabirds and a historical background of the seabird bycatch
issue (see ADDRESSES).
Seabird Bycatch Avoidance Gear and Methods
The proposed measures are intended to reduce the incidental
mortality of seabirds by minimizing their attraction to fishing vessels
and by preventing the seabirds from attempting to seize baited hooks.
The proposed measures would apply to vessels fishing for groundfish
with hook-and-line gear in the GOA and the BSAI and federally-permitted
vessels fishing groundfish with hook-and-line gear in waters of the
State of Alaska that are adjacent to the GOA and the BSAI and that
retain more round-weight equivalent of groundfish than round-weight
equivalent of halibut.
1. All applicable hook-and-line fishing operations would be
conducted in the following manner:
a. Use hooks that, when baited, sink as soon as they are put in the
water. This could be accomplished by the use of weighted groundlines
and/or thawed bait.
b. Avoid dumping of offal to the extent practicable while gear is
being set or hauled. If discharge of offal is unavoidable, the
discharge must take place aft of the hauling station or on the opposite
side of the vessel to that where gear is set or hauled.
c. Make every reasonable effort to ensure that birds brought on
board alive are released alive and that, wherever possible, hooks are
removed without jeopardizing the life of the bird.
2. All applicable hook-and-line fishing operations would be
required to employ one or more of the following seabird avoidance
measures:
a. Deploy gear only during the hours specified at
Sec. 679.24(e)(2)(iv)(D) of this
[[Page 10018]]
proposed rule, using only the minimum vessel's lights necessary for
safety;
b. Tow a streamer line or lines during deployment of gear to
prevent birds from taking hooks;
c. Tow a buoy, board, stick or other device during deployment of
gear, at a distance appropriate to prevent birds from taking hooks.
Multiple devices may be employed; or
d. Deploy hooks underwater through a lining tube at a depth
sufficient to prevent birds from settling on hooks during deployment of
gear.
The Council and NMFS intend to implement these proposed regulations
for the groundfish fisheries first and to follow at a future time with
the same or similar regulations for the Pacific halibut fishery. To
avoid having the proposed groundfish regulations applicable to halibut
fishermen that retain bycatch amounts of groundfish, the proposed
regulations would apply only to those hook-and-line fishermen that
retain more round-weight equivalent of groundfish than round-weight
equivalent of halibut.
The Council and NMFS intend to reduce the fisheries-related bycatch
and incidental mortality of seabirds that occur over waters off Alaska.
To maximize the extent to which these proposed regulations would apply,
an operator of a hook-and-line vessel that has been issued a Federal
permit to fish for groundfish in the BSAI and GOA would be required to
comply, even while fishing for groundfish in State of Alaska waters.
Although the Council's recommendation at its December 1996 meeting
included a provision whereby fishermen could substitute other
experimental seabird avoidance devices with the approval of the NMFS
Administrator, Alaska Region, NMFS believes that such a waiver
provision is not administratively practicable. NMFS strongly encourages
the industry's efforts to find other effective seabird avoidance
devices. Additional effective measures can be implemented through the
regulatory amendment process in the future.
The proposed measures are modeled after NMFS' regulations
implementing conservation and management measures adopted by the
Commission for the Conservation of Antarctic Marine Living Resources
(CCAMLR) (61 FR 8483; March 5, 1996) and measures currently in use by
some hook-and-line fishermen in Alaskan fisheries. Some of the CCAMLR
measures were initially developed for use in the Australian and New
Zealand longline fisheries and have proven very effective in reducing
bait loss and incidental seabird mortality. In addition to the measures
benefitting seabirds, the reduction of bait loss and subsequent
increased fish harvest provides financial benefits to fishermen. In the
Australian southern bluefin tuna fishery, annual economic losses
attributed to bait loss and reduced harvest were estimated to exceed $7
million in Australian dollars (approximately $5 million United States).
The CCAMLR regulations indicate that longline gear shall be set
between the times of nautical twilight. Nautical twilight is defined
practically as those times when it is too dark to see the horizon
clearly and when normal outdoor activities cannot be conducted without
the use of artificial light. The intent of the proposed regulation is
to limit hook-and-line gear deployment to those hours (nighttime hours/
hours of darkness) between nautical twilight, if that is the option
being exercised by the fisherman. The proposed regulation provides a
table specifying the allowed hours of hook-and-line gear deployment.
The Nautical Almanac, a U.S. Naval Observatory publication, was used to
determine these times. This option is not available during the months
of June and July, due to the lack of nautical twilight at northernmost
latitudes.
Besides the measures proposed here, other methods have been used to
reduce seabird bycatch. Some of them are: Loud noises to deter birds
from the stern of the fishing vessel during gear deployment, automatic
bait-caster to deploy bait away from the turbulent water caused by
``prop wash'' and causing the bait to remain afloat, deflating swim
bladders or the squid mantle of bait species (causing bait to sink
faster), and reducing the time taken to haul back gear. NMFS
specifically requests comments on: (a) These and other effective
methods for reducing seabird bycatch that are not included in the
proposed measures, (b) any safety concerns of using seabird bycatch
avoidance devices during extreme weather conditions, and (c) offal
discharge during setting or hauling of hook-and-line gear and how
either or both of these operations impacts seabird bycatch.
Suggestions for Streamer Line Construction
The streamer line is a seabird avoidance device that currently is
required in Australian and New Zealand longline fisheries and has been
credited with effectively reducing seabird bycatch. Scientific studies
in New Zealand indicate that the quality of a streamer line, both in
construction and materials used, played a major role in the streamer
line's effectiveness in preventing seabirds from seizing baited hooks.
In fact, the difference in bycatch rates between sets that used no
streamer line and sets that used a poorly-constructed streamer line was
not significant. Sets that used a high-quality streamer line were
significantly less likely to catch seabirds than sets that used a poor-
quality streamer line or no streamer line at all. The purpose of the
streamer line is to scare birds away from the stern of the vessel when
gear is deployed and baited hooks are present near or on the water's
surface. A well-constructed streamer line thrashes about unpredictably;
thus, the seabirds do not become habituated to its movement. The key
characteristics of an effective streamer line are:
All materials used to construct the streamer line and to
hold the streamer line in place are strong enough to withstand all
weather conditions in which hook-and-line fishing activity is likely to
be undertaken;
The streamer line is attached to a pole at the stern of
the vessel and positioned such that it will be directly above the
baited hooks as they are deployed;
The height of the streamer line at the point of attachment
is 3 to 4 meters (m) above sea level;
The streamer line is constructed of material that is
between 2 and 5 millimeters (mm) in diameter;
Length of streamer line is a minimum of 150 to 175 m;
Number of streamers attached to a streamer line is 5 to 10
pairs;
Streamers made of a heavy, flexible material that will
allow the streamers to move freely and flop unpredictably (for example,
streamer cord inserted inside a red polyurethane tubing);
Streamer pairs attached to the bird streamer line using a
3-way swivel; and
Streamers should just skim above the water's surface over
the baited hooks.
These characteristics should be taken into consideration when
employing a bird streamer line, as proposed in this rulemaking.
The Magnuson-Stevens Act requires that the public be provided with
a comment period of 15 to 60 days to respond to proposed regulations.
Beginning January 1, the hook-and-line fisheries open in the BSAI and
GOA. Short-tailed albatross sightings in the BSAI and/or GOA have
occurred in all months from April to November. Considering the urgency
of completing rulemaking regarding these proposed measures, NMFS has
provided for a 15-day public comment period. The
[[Page 10019]]
proposed measures were initially requested by hook-and-line industry
representatives as emergency measures because of concerns about the
potential economic impacts if the annual take limit for the short-
tailed albatross is exceeded and fishing ceases pending reinitiation
and conclusion of consultation pursuant to section 7 of the ESA.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS 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, 1,217 and 100 hook-and-line catcher vessels
harvested groundfish from the GOA and BSAI, respectively. Catcher/
processor vessels numbered 35 and 46 in those respective areas. Very
significant impacts on small entities could occur if the groundfish
fisheries are altered or perhaps closed due to the annual take of the
endangered short-tailed albatross being exceeded. The likelihood of
this happening is great under the status quo alternative because of
recent takes (e.g., two in 1995). The economic impacts of such
alterations or closures would depend on the development and
implementation of the reasonable and prudent measures established to
minimize take of the short-tailed albatross.
Several measures available under the preferred alternative would
minimize the economic impacts on small entities. The economic impact on
small entities would depend upon the particular measures chosen.
Procedural or operational changes may be necessary in fishing
operations. A vessel operator would have a choice of several other
measures. The cost of buoys and bird streamer lines as seabird bycatch
avoidance devices range from $50-$250 per vessel. A lining tube is a
technology used in fisheries of other nations to deploy baited hooks
underwater to avoid birds and is offered as a possible option. NMFS
anticipates that the operators of smaller vessels (less than 60 ft
(18.3 m)) would choose an avoidance measure other than a lining tube,
which could cost as much as $35,000 per vessel. There are 154 and 53
hook-and-line catcher vessels and 31 and 45 catcher/processor vessels
equal to or greater than 60 ft (18.3 m) in the GOA and BSAI,
respectively.
If the annual take of short-tailed albatross in the hook-and-line
fisheries operating under these proposed measures would exceed the take
limit established under the ESA section 7 consultation, the actual
economic impacts resulting from the modification of the reasonable and
prudent measures established to minimize take of the short-tailed
albatross would depend upon the development and implementation of
revised measures. The revised measures could range from those proposed
by this rule, additional or modified measures, to closures. The
economic impact on fishing operations would depend upon the length of
time of the closed period and the additional cost of revised measures.
Significant impacts on small entities could occur if the fisheries
closed due to the annual take of the endangered short-tailed albatross
being exceeded. The likelihood of this happening is less under the
proposed rule than under the status quo alternative. The economic
impacts of this proposed rule on small entities could result in a
reduction in annual gross revenues by more than 5 percent and could,
therefore, potentially have a significant economic impact on a
substantial number of small entities. A copy of this analysis is
available from the Council (see ADDRESSES).
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: February 28, 1997.
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 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq. and 1801 et seq.
2. In Sec. 679.24, paragraph (e) is added to read as follows:
Sec. 679.24 Gear limitations.
* * * * *
(e) Seabird avoidance gear and methods for hook-and-line vessels
fishing for groundfish--(1) Applicability. (i) Except as provided in
paragraph (e)(1)(ii) of this section, the operator of a vessel that is
required to obtain a Federal fisheries permit under Sec. 679.4(b)(1)
must comply with the seabird avoidance measures in paragraph (e)(2) of
this section while fishing for groundfish with hook-and-line gear in
the BSAI, in the GOA, or in waters of the State of Alaska that are
shoreward of the BSAI and the GOA.
(ii) The operator of a vessel is not required to comply with the
seabird avoidance measures in paragraph (e)(2) of this section whenever
the round-weight equivalent of halibut retained on board exceeds the
round-weight equivalent of groundfish retained on board.
(2) The operator of a vessel described in paragraph (e)(1) of this
section must conduct fishing operations in the following manner:
(i) Use hooks that when baited, sink as soon as they are put in the
water.
(ii) Avoid dumping of offal to the extent practicable while gear is
being set or hauled. If discharge of offal is unavoidable, the
discharge must take place aft of the hauling station or on the opposite
side of the vessel to that where gear is set or hauled.
(iii) Make every reasonable effort to ensure that birds brought on
board alive are released alive and that wherever possible, hooks are
removed without jeopardizing the life of the bird.
(iv) Employ one or more of the following seabird avoidance
measures:
(A) Tow a streamer line or lines during deployment of gear to
prevent birds from taking hooks;
(B) Tow a buoy, board, stick or other device during deployment of
gear, at a distance appropriate to prevent birds from taking hooks.
Multiple devices may be employed; or
(C) Deploy hooks underwater through a lining tube at a depth
sufficient to prevent birds from settling on hooks during deployment of
gear; or
(D) Deploy gear only during the hours specified below, using only
the minimum vessel's lights necessary for safety.
[[Page 10020]]
Hours That Hook-and-Line Gear Can Be Deployed for Specified Longitudes According to Paragraph (e)(2)(iv) of This
Section
[Hours are Alaska local time]
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Longitude
-----------------------------------------------
Calendar Month Shoreward to 151 to 165 166 to 180
150 deg.W deg.W deg.W
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January......................................................... 1800-0700 1900-0800 2000-0900
February........................................................ 1900-0600 2000-0700 2100-0800
March........................................................... 2000-0500 2100-0600 2200-0700
April........................................................... 2100-0400 2200-0500 2300-0600
May............................................................. 2200-0300 2300-0400 2400-0500
June............................................................ \1\ \1\ \1\
July............................................................ \2\ \2\ \2\
August.......................................................... 2200-0400 2300-0500 2400-0600
September....................................................... 2000-0500 2100-0600 2200-0700
October......................................................... 1900-0600 2000-0700 2100-0800
November........................................................ 1800-0700 1900-0800 2000-0900
December........................................................ 1700-0700 1800-0800 1900-0900
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\1\ This measure cannot be exercised during June.
\2\ This measure cannot be exercised during July.
[FR Doc. 97-5438 Filed 3-4-97; 8:45 am]
BILLING CODE 3510-22-P