[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)] [Notices] [Pages 44423-44425] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-22245] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 081198A] Fisheries of the Exclusive Economic Zone off Alaska; Groundfish of the Gulf of Alaska; Experimental Fishing Permit AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Issuance of an experimental fishing permit. ----------------------------------------------------------------------- SUMMARY: NMFS announces the issuance of an experimental fishing permit 98-01 (EFP) to the Groundfish Forum. The EFP authorizes the Groundfish Forum to conduct an experiment in the Gulf of Alaska (GOA) that would test the effectiveness of a halibut excluder device for flatfish trawls in reducing halibut bycatch rates without significantly lowering catch rates of flatfish. Results of the experiment will be used to develop methods for trawl vessels targeting flatfish to reduce halibut bycatch rates and mortality. This EFP will provide information not otherwise available through research or commercial fishing operations. The intended effect of this [[Page 44424]] action is to promote the purposes and policies of the Magnuson-Stevens Fishery Conservation and Management Act. ADDRESSES: Copies of the EFP and the Environmental Assessment (EA) prepared for the EFP are available from Lori J. Gravel, Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802. FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228 SUPPLEMENTARY INFORMATION: The Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) authorizes the issuance of EFPs for fishing for groundfish in a manner that would otherwise be prohibited under existing regulations. The procedures for issuing EFPs are set out at 50 CFR 679.6. On June 8, 1998, NMFS announced in the Federal Register the receipt of an application for an EFP from the Groundfish Forum (63 FR 31201). The application requested authorization for Groundfish Forum to test the effectiveness of a halibut excluder device in reducing halibut bycatch rates in the deep water flatfish fisheries while not lowering the amount of target flatfish species. The purpose of this research is to assist industry in developing gear modifications that will reduce the bycatch of halibut in flatfish fisheries off Alaska. This EFP will provide information not otherwise available through research or commercial fishing operations because it is not economically feasible for vessels to participate in an experiment of this extent and rigor during the short commercial fisheries. A statistical analysis completed by Groundfish Forum and reviewed by NMFS has determined that 60 pairs of tows between two vessels would produce a 90-percent certainty of detecting a 35- percent decline in halibut bycatch rates, and nearly a 100- percent chance of detecting a 25-percent decrease in rex sole catch, the principle target species in the GOA deepwater flatfish fishery. To complete the experiment, Groundfish Forum estimates that 650 metric tons (mt) of groundfish may be taken by vessels participating in the experiment and between 18.5 mt and 25 mt of Pacific halibut bycatch mortality. The experiment is scheduled to take place in the Western or Central Regulatory Areas of the GOA during a 10 to 20-day period in September and October 1998. The effective date for the EFP may be revised to a date in 1999, pending agreement between the permit holder and the Administrator, Alaska Region, NMFS (Regional Administrator). The Groundfish Forum will set up a ``request for proposals'' (RFP) process whereby companies submit applications to test an halibut excluder device. Under the rules of the experiment, the performance of trawl gear with the excluder device in place will be tested against a standard control gear. The control gear will be the same trawl gear configured without the halibut excluder device. Trawling with experimental and control gear will be conducted with procedures and sites used during the commercial fishery for deep water flatfish species in the GOA. The RFP will set out general standards for the design of a halibut excluder device that will be systematically tested against control trawl gear. These standards state the design should: 1. Release a large percentage of the halibut that come into the trawl unharmed; 2. Avoid significant reductions in target flatfish or round fish catches, while potentially releasing less desirable species (such as arrowtooth flounder); 3. Function with few failures or break downs and be resistant to clogging and debris jams; 4. Provide easy removal or disabling of the excluder to facilitate changes between experimental and control gear without handling difficulties or safety concerns for deck crew (this feature is especially critical for small vessels with limited deck length); 5. Provide durability and ease of storage on deck; and 6. Be constructed from affordable materials that are readily available. Guidelines for applications to participate in the experiment will be provided by Groundfish Forum. This information will be conveyed to potential applicants through a short publication written and distributed by the Groundfish Forum and reviewed by NMFS personnel associated with the experiment. A Selection Panel of NMFS gear experts and other NMFS management personnel will review the suitability of applications and determine which design has the greatest potential for excluding halibut and retaining target catch. The device selected by the Selection Panel will be subjected to a systematic field test to establish its effectiveness as well as some exploration to isolate the elements that make the device successful (placement, towing speed, sea conditions, ambient light conditions, etc.). The Regional Administrator has approved the EFP application and has issued EFP 98-01 to the Groundfish Forum. The EFP authorizes Groundfish Forum to solicit vessel participants through the RFP process and authorizes the harvest of 650 mt of groundfish during the course of the 10-20 day experiment during September and October 1998, of which no more than 30 percent (195 mt) may be groundfish species other than Rex sole, Dover sole, Greenland turbot, deep sea sole, flathead sole, or arrowtooth flounder (deep water flatfish). The amount of groundfish species retained other than deep water flatfish will not exceed 15 percent per species or species group (see Table 10 of 50 CFR part 679 for a definition of species groups) of the retained catch of deep water flatfish as defined in this EFP, except that the retained amount of sablefish is not to exceed 2 percent of the retained catch of deep water flatfish. Groundfish and halibut bycatch mortality associated with this experiment will not be deducted from total allowable catch and halibut bycatch allowances specified for the 1998 groundfish fisheries. This will not cause a conservation problem for groundfish species because estimated total removals under the EFP likely would remain within their acceptable biological catches and not exceed overfishing levels already considered in the EA for the 1998 specifications. The Regional Administrator may terminate the experiment if halibut bycatch mortality exceeds the high-end projections of the permit applicant, or 25 mt mortality (39 mt bycatch). Failure of the permittee to comply with the terms and conditions of the EFP may be grounds for revocation, suspension, or modification of the EFP under 15 CFR 904 with respect to any or all persons and vessels conducting activities under the EFP. Failure to comply with applicable laws may also result in sanctions imposed under those laws. Classification NMFS prepared an EA for this EFP. The Assistant Administrator for Fisheries, NOAA concluded that there will be no significant impact on the human environment as a result of fishing under this EFP. A copy of the EA is available from NMFS (see ADDRESSES). The Regional Administrator determined that fishing activities conducted pursuant to this EFP will not affect endangered and threatened species or critical habitat under the Endangered Species Act. This notice is exempt from review under E.O. 12866. Because prior notice and opportunity for public comment are not required; the analytical requirements of the Regulatory Flexibility Act are inapplicable. [[Page 44425]] Authority: 16 U.S.C. 1801 et seq. Dated: August 13, 1998. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 98-22245 Filed 8-18-98; 8:45 am] BILLING CODE 3510-22-F