[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Notices]
[Pages 43986-43987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20902]
[[Page 43986]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 073099B]
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
of the Bering Sea and Aleutian Islands Area; Exempted Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Issuance of an exempted fishing permit.
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SUMMARY: NMFS announces the issuance of exempted fishing permit (EFP)
99-03 to Groundfish Forum, Inc. The EFP authorizes Groundfish Forum to
conduct an experiment in the Bering Sea and Aleutian Islands management
area (BSAI) that would test the accuracy of at-sea observer basket
sampling practices, the design and use of automated species composition
sampling, and the effect of fish stratification in trawls on size
composition sampling. This EFP is necessary to provide information not
otherwise available through research or commercial fishing operations.
The intended effect of this 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 analyzing
the potential impacts of fishing activities to be conducted under the
EFP are available from the Sustainable Fisheries Division, Alaska
Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel.
FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (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 and 600.745(b).
NMFS received the application for EFP 99-03 from Groundfish Forum,
Inc. on March 23, 1999. Groundfish Forum is an industry group
representing small and medium size factory trawlers that mainly process
head and gut product forms. The Alaska Fisheries Science Center (AFSC),
NMFS, determined the application to be sufficiently complete to warrant
further consideration by NMFS and the North Pacific Fishery Management
Council (Council). The Council's April 1999 meeting agenda, which was
published in the Federal Register on April 6, 1999 (64 FR 16707),
provided public notice of the Council's intent to review and consider
the EFP and receive testimony from interested members of the public on
the proposed experimental fishing activity. The Council endorsed the
Groundfish Forum's EFP application at its April 1999 meeting.
The application requested authorization for Groundfish Forum to
test the accuracy of at-sea observer basket sampling practices, the
design and use of automated species composition sampling, and the
effect of fish stratification in trawls on size composition sampling.
The supporting experimental design described in the application was
developed in coordination with the North Pacific Groundfish Observer
Program, AFSC, NMFS. NMFS is supportive of experimentation to assess
the accuracy of catch composition and accounting given the agency's
responsibility to monitor and manage total mortality of fishery
resources as a result of the fishing activities authorized under the
FMP. Successful completion of the experiment could provide data for
improvements in observer sampling of catch and facilitate more accurate
accounting of total catch mortality associated with the commercial
North Pacific groundfish fisheries.
NMFS currently relies on NMFS-certified observers to determine
species composition of sampled hauls using standard species composition
sampling methods. In mixed species fisheries, observers onboard trawl
vessels typically rely on basket samples of fish collected randomly as
fish are transfered from the trawl codend into a holding bin (trawl
catcher vessels) or as fish are transfered from live tanks into the
processing line (catcher/processor vessels). Concern exists that these
species composition sampling techniques may not accurately reflect the
catch composition of an individual haul. 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
fast-paced commercial fisheries.
The experimental fishery will be conducted by one vessel in the
BSAI flathead sole and Greenland turbot fisheries. Fishing under the
EFP would take place in Bycatch Zone 2 of the Bering Sea in areas
normally fished for flathead sole and Greenland turbot. The operator of
the participating vessel will determine exact fishing locations.
Fishing operations will start on or about September 3, 1999, and will
last 3 to 4 weeks. This time line is set to accommodate the schedule of
NMFS personnel associated with the experiment. The effective period for
the EFP may be revised to a later time period in 1999 pending prior
agreement between the permit holder and the Administrator, Alaska
Region, NMFS (Regional Administrator).
The experiment authorized under the EFP is comprised of three
parts. Part I will test the accuracy of basket sampling for species
composition and part II will test alternative automated species
composition methods. These two parts of the experiment will consist of
30 tows each for a total of 60 tows. The desired catch composition of
each tow in parts I and II is 50 percent or more flatfish, with
flathead sole being the predominant flatfish species. In the event that
the actual catch composition is markedly and consistently different
from these desired percentages, Groundfish Forum and NMFS personnel
will evaluate the actual catch composition's effect on the experiment
and encourage the participating vessel to find remedies to maintain the
quality of the experiment. Failure to achieve an acceptable catch
composition may result in discontinuation of the experiment.
The flathead sole fishery was chosen for the first two parts of the
experiment because it is a mixed fishery in which flatfish and
roundfish are commonly caught together in tows; typical tows are fairly
long (2-3 hours); and typical haul size is fairly large [around 15
metric tons (mt) on average], but not so large as to necessarily
overwhelm the accounting necessary for the experiment. Mixed catches,
tow duration, and size of hauls are important factors in determining
the potential for catch to be stratified when sampled. Stratification
of catch can adversely affect the quality of observer data collected
under current sampling procedures. Additional reasons for selecting the
flathead sole fishery are that it is currently the most economically
viable flatfish fishery for the average sized head-and-gut trawl
catcher/processor vessel and the fishery can be conducted during late
summer when weather conditions are amenable for the experiment.
Part III of the experiment will assess the effect of fish
stratification in a haul on sampling for species size composition. This
portion of the experiment will take place immediately following the
successful completion of
[[Page 43987]]
parts I and II and will rely on a small number of tows targeting
Greenland turbot. This fishery was chosen for part III because it
presents a reasonable opportunity for harvesting target species of
different sizes. The revenue received from the limited harvest of
Greenland turbot also will support the participating vessel's
involvement in the experiment.
All of the incidental catch amounts of pollock and Pacific cod
harvested in the flatfish fishing activities authorized under the EFP
must be retained to minimize discard amounts, contrary to existing
regulations that require retention of these two species only up to a
specified maximum retainable catch allowance (Sec. 679.27). For all
other non-flatfish species, standard maximum retainable catch
allowances established in regulations at 50 CFR 679.20 will apply based
on retained flatfish as the basis species.
The catch of groundfish under this EFP must not exceed a total of
925 mt during parts I and II of the experiment and 342 mt during part
III. If these authorized amounts are found to be insufficient to fully
conduct the experiment, the applicant must confer with the Regional
Administrator and obtain a modification to the EFP according to
regulations at Sec. 679.6 prior to any catch of groundfish in excess of
these amounts.
The total catch of Greenland turbot authorized under all parts of
the EFP is limited to the smallest of the following amounts: (1) An
amount equal to 35 percent of the amount of pollock, Pacific cod, and
flatfish other than Arrowtooth flounder caught and retained by the
permitted vessel during parts I and II of the experiment; (2) the
amount of Greenland turbot caught when a total of 342 mt of groundfish
have been caught during part III of the experiment; or (3) a total of
175 mt of Greenland turbot caught at any time during the experiment
(parts I, II, or III).
If Pacific halibut bycatch during part III of the EFP exceeds 10.2
mt, fishing activities under the EFP must cease and the experiment will
be terminated by the Regional Administrator. Although an upper limit of
halibut bycatch equal to 10.2 mt is established for part III, the
halibut bycatch limit likely will not prevent the harvest of the entire
allowable amount of turbot based on 1997-98 observer data collected on
halibut bycatch rates in the Greenland turbot fishery. Limits on the
catch of prohibited species during parts I and II of the experiment are
not established given the objective of the experimental design approved
by NMFS for this portion of the experiment.
Existing regulations governing retention and release of prohibited
species, as defined at Sec. 679.21(b), will apply to the vessel
participating in the experiment except that no deck-sorting of
groundfish or prohibited species will be allowed during parts I and II
of the experiment. Deck-sorting of halibut will be required during Part
III of the experiment to reduce halibut bycatch mortality.
Groundfish and prohibited species catch associated with this
experiment will not be deducted from total allowable catch (TAC) or
prohibited species bycatch allowances specified for the 1999 groundfish
fisheries.
The participating vessel is required to carry three NMFS-certified
observers. Other on-board EFP personnel will include a NMFS scientist
and one Groundfish Forum project coordinator. The vessel operator also
will need to provide crew members or other qualified personnel to
assist observers and to carry out the sorting and weighing of fish
prior to discard. NMFS staff have recommended that the experiment be
conducted on a trawl catcher/processor vessel used primarily to produce
headed and gutted product because the problem of catch stratification
is most often associated with the fisheries and vessel configurations
of that sector.
Vessel owners interested in participating in this EFP experiment
must apply through a ``request for proposals'' (RFP) process
administered by Groundfish Forum. The participating vessel will be
chosen on the basis of how well the vessel's owners and crew are able
to identify creative, workable solutions to the logistical challenges
described in the experimental design developed jointly by NMFS and
Groundfish Forum. The selection of a participating vessel will be made
through a NMFS-directed review of applications. In the event that more
than one vessel equally satisfies the requirements in the RFP, the
participating vessel will be selected by lottery.
The Regional Administrator has approved the EFP application and has
issued EFP 99-03 to Groundfish Forum subject to the permit terms and
conditions summarized above. Failure of the permit holder to comply
with the terms and conditions of the EFP may be grounds for revocation,
suspension, or modification of the EFP under 15 CFR part 904 with
respect to any or all persons and vessels conducting activities under
the EFP. Failure to comply with applicable laws also may result in
sanctions imposed under those laws.
Classification
The Regional Administrator determined that fishing activities
conducted under this action would not affect endangered and threatened
species or modify critical habitat in any manner not considered in
prior consultations on the groundfish fisheries.
This notice is exempt from review under E.O. 12866. It also is
exempt from the Regulatory Flexibility Act (RFA) because prior notice
and opportunity for public comment are not required for this notice.
Therefore, the analytical requirements of the RFA are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 6, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-20902 Filed 8-11-99; 8:45 am]
BILLING CODE 3510-22-F