Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Pot Gear Fishing Closure in the Pribilof Islands Habitat Conservation Zone in the Bering Sea, 51520-51525 [2014-20682]
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Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Proposed Rules
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Dated: August 20, 2014.
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[FR Doc. 2014–20641 Filed 8–28–14; 8:45 am]
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[FR Doc. 2014–20648 Filed 8–28–14; 8:45 am]
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SUMMARY:
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 120706220–4693–01]
RIN 0648–BC34
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod Pot Gear
Fishing Closure in the Pribilof Islands
Habitat Conservation Zone in the
Bering Sea
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS issues a proposed rule
that would implement Amendment 103
to the Fishery Management Plan (FMP)
for Groundfish of the Bering Sea and
Aleutian Islands Management Area
SUMMARY:
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(BSAI FMP) to close year-round the
Pribilof Islands Habitat Conservation
Zone (PIHCZ) to directed fishing for
Pacific cod with pot gear to minimize
bycatch and prevent overfishing of
Pribilof Islands blue king crab (PIBKC).
This action would promote the goals
and objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act, the FMP, and other applicable law.
DATES: Submit comments on or before
September 29, 2014.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2012–0141, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20120141, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of the BSAI FMP,
Amendment 103 to the BSAI FMP, the
Environmental Assessment (EA), and
the Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (RIR/
IRFA) prepared for this action are
available from https://
www.regulations.gov or from the NMFS
Alaska Region Web site at https://
alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah Ellgen, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the BSAI groundfish fisheries
under the FMP for groundfish in the
BSAI management area (BSAI FMP).
The North Pacific Fishery Management
Council (Council) prepared the FMP
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under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) and other applicable laws. General
regulations that pertain to U.S. fisheries
appear at subpart H of 50 CFR part 600.
Regulations implementing the BSAI
FMP appear at 50 CFR part 679.
The Council submitted Amendment
103 to the BSAI FMP for review by the
Secretary of Commerce, and a notice of
availability was published in the
Federal Register on August 21, 2014 (79
FR 49487), with comments invited
through October 20, 2014. Comments
may address Amendment 103 to the
BSAI FMP, or this proposed rule, but
must be received by October 20, 2014,
to be considered in the approval/
disapproval decision on Amendment
103 to the BSAI FMP. All comments
received by that date, whether
specifically directed to Amendment 103
to the BSAI FMP or to this proposed
rule will be considered in the approval/
disapproval decision on Amendment
103.
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Background
The Pribilof Islands blue king crab
(PIBKC) stock is managed as a distinct
stock and occurs around the islands of
Saint Paul and Saint George in the
Bering Sea. The PIBKC stock is
currently overfished and under a
rebuilding plan (69 FR 17651, April 5,
2004). NMFS and the Alaska
Department of Fish and Game (ADF&G)
have implemented a number of
increasingly conservative management
measures to limit potentially adverse
fishery effects on PIBKC.
In 1999, as part of the joint
management of the crab stocks under
the Crab FMP, the ADF&G closed the
directed PIBKC fishery due to the
declining trend in PIBKC abundance.
ADF&G also closed the directed Pribilof
Islands red king crab fishery to
minimize the bycatch of PIBKC in that
fishery. Based on NMFS annual trawl
survey data, ADF&G continues to
annually close specific State statistical
areas where PIBKC are known to occur
during the Bristol Bay red king crab,
snow crab, and Tanner crab fisheries to
minimize PIBKC bycatch in those crab
fisheries.
NMFS closed the Pribilof Islands
Habitat Conservation Zone (PIHCZ) to
groundfish trawl gear to protect blue
king crab under Amendment 21a to the
BSAI FMP (60 FR 4110, January 20,
1995). The PIHCZ was established based
on the distribution of the blue king crab
recorded in the NMFS annual trawl
surveys and on observer data (see
proposed Figure 10 to 50 CFR part 679).
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NMFS classified the PIBKC stock as a
prohibited species in Table 2b to 50 CFR
part 679. The BSAI FMP and
implementing regulations at § 679.21
require that the incidental catch of
prohibited species be avoided while
fishing for groundfish. Regulations at
§ 679.7(a)(12) prohibit retaining or
possessing prohibited species unless
permitted to do so under the Prohibited
Species Donation program as provided
by § 679.26 of this part, or as authorized
by other applicable law. Pursuant to
these regulations, directed groundfish
fisheries must immediately return
PIBKC bycatch to the sea with a
minimum of injury.
Due to chronic low abundance, this
stock remains overfished despite these
measures to minimize catch of blue king
crab. The cause of the continued low
PIBKC stock abundance and failure to
recover is not well understood.
Information included in recent Stock
Assessment and Fishery Evaluation
(SAFE) reports suggest that
environmental conditions such as
changing ocean currents, changing
water temperatures, and changing
spatial distributions among king crab
stocks may contribute to the failure of
this stock to recover (see 2010, 2011,
2012 SAFE reports for the PIBKC).
While there are no apparent physical
barriers to adult dispersal, crab larval
dispersal may be affected by local
oceanography, which may in turn affect
recruitment of the PIBKC stock (see
Table 4–4 of the EA). Environmental
conditions may also play a role in
female crab reproduction and growth;
however this relationship is poorly
understood (Section 4.5.2 of the EA).
The continuing low abundance of
PIBKC underscores the need to
implement additional measures to
minimize PIBKC bycatch in the
groundfish fisheries to the extent
practicable. The Council considered
additional conservation and
management measures to further
minimize bycatch and prevent
overfishing with the goal to rebuild
PIBKC. The Council recommended
Amendment 103 to address the
remaining significant source of PIBKC
mortality by prohibiting Pacific cod
directed fishing with pot gear in the
PIHCZ. The Pacific cod pot fishery
occurs within the PIHCZ and had the
highest observed bycatch rates of PIBKC
across all gear types from 2005 to 2011
(see Section 4.5.4 of the EA). This action
is consistent with the PIBKC rebuilding
plan, but reduces PIBKC bycatch in the
groundfish fishery to address the
potential for PIBKC bycatch in the
groundfish fishery to exceed the annual
PIBKC overfishing limit.
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The Council recommended closing
the PIHCZ to directed fishing for Pacific
cod with pot gear based on (1) the high
rate of PIBKC bycatch in the PIHCZ
relative to other areas outside of the
PIHCZ, (2) the high concentration of
PIBKC in the PIHCZ, (3) the occurrence
of known PIBKC habitat within the
PIHCZ, (4) the high rate of PIBKC
bycatch in the Pacific cod pot fishery
relative to other groundfish fisheries,
and (5) the limited impact the Pacific
cod pot gear closure in the PIHCZ
would have on the Pacific cod pot
fishery relative to other groundfish
fisheries closures. This proposed action
ensures that the reduction of bycatch is
focused on the fishery that is most likely
to achieve the bycatch reduction with
the least economic impacts overall for
the groundfish fisheries.
In recommending this proposed
action, the Council considered a number
of management measures designed to
reduce PIBKC bycatch in the groundfish
fisheries. The Council considered
expanding the year-round PIHCZ
closure to apply not only to vessels
using trawl gear, but also to groundfish
fisheries that have contributed to a
designated percentage threshold of
PIBKC bycatch from 2003 to 2010. The
Council also considered implementing
groundfish closure areas that would
mirror the current ADF&G crab closure
areas or that would cover the entire
distribution of the PIBKC stock. Such
closures would apply to groundfish
fisheries that have contributed to greater
than a designated percentage threshold
of PIBKC bycatch. Finally, the Council
considered establishing PIBKC
prohibited species catch (PSC) limits.
All PIBKC bycatch in all groundfish
fisheries would accrue toward the
PIBKC PSC limit. Once reached, the
PIBKC PSC limit would trigger fishery
closures that would apply only to those
groundfish fisheries that had
contributed to a greater than designated
threshold of PIBKC bycatch (triggered
closures) (see Section 2 of the EA).
The Council evaluated the
alternatives based on the best scientific
information available, including survey
data on location and concentration of
PIBKC, historical distribution of PIBKC,
environmental conditions and biology
of the PIBKC stock, observed PIBKC
bycatch rates in all the groundfish
fisheries, information on key habitat
components for the PIBKC stock, the
potential displacement of fishing effort
from the alternative closure areas to
other fishing grounds, and the economic
impact of PIBKC bycatch reductions and
closure areas on fishing communities.
The Council noted that the best
scientific information on PIBKC
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location, observed catch rates, and
habitat type indicates that the PIHCZ
contains the highest concentration of
PIBKC as well as PIBKC habitat. The
Pacific cod pot gear fishery had the
highest observed bycatch rates of PIBKC
across all gear types from 2005 to 2011.
During this time period, the average
observed PIBKC bycatch rate in Pacific
cod fisheries using pot gear within the
PIHCZ was 0.052 crab per metric ton of
groundfish. In the BSAI, the highest and
second-highest PIBKC bycatch rates by
Pacific cod pot gear are located within
the PIHCZ to the northeast and east of
St. Paul Island, respectively. Nearly all
of the observed PIBKC bycatch was
within the PIHCZ. In recommending the
prohibition on directed fishing for
Pacific cod with pot gear in the PIHCZ,
the Council focused on the groundfish
sector with the highest observed bycatch
rate in an area where the PIBKC stock
and habitat are concentrated (see
Sections 2.2 and 4.5.5 of the EA).
This action would prevent the BSAI
groundfish fisheries from exceeding the
overfishing level established for the
PIBKC stock. Although the PIBKC
bycatch in all groundfish fisheries has
been below the overfishing level, the
Council acknowledged that recent
trends in crab bycatch suggest that
groundfish fisheries occurring near the
Pribilof Islands have the potential to
exceed the overfishing level and
acceptable biological catch for this stock
(see Section 1.1 of the EA). Prohibiting
Pacific cod pot fishing in the habitat
conservation zone would remove a
significant source of crab bycatch
mortality and prevent exceeding the
PIBKC overfishing level.
This proposed action would minimize
PIBKC bycatch in the groundfish
fisheries to the extent practicable,
consistent with National Standard 9.
Prohibiting directed fishing for Pacific
cod with pot gear in the PIHCZ would
prevent PIBKC bycatch in an area of
known PIBKC habitat. In recommending
the proposed action, the Council noted
that Pacific cod catches by vessels using
pot gear that occur within the PIHCZ
could be effectively harvested outside of
the boundary of the PIHCZ; thus, the
overall catch of Pacific cod would not
be reduced. In addition, in more recent
years, Pacific cod pot sector harvests
within the PIHCZ have declined
considerably to approximately 125 tons
with a value of about $200,000, which
represents less than one percent of
Pacific cod pot fleet total revenue in
2010 (see Sections 1.4.2.1 and 1.4.2.2 of
the RIR). According to the RIR,
prohibiting fishing for Pacific cod with
pot gear in the PIHCZ is practicable for
the Pacific cod pot sector because this
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measure is not expected to result in
increased operational costs or reduced
harvest for this sector.
As noted above, the Council evaluated
a number of additional alternatives that
would further reduce PIBKC bycatch in
other groundfish fisheries. The Council
did not recommend imposing
prohibitions on directed groundfish
fishing within the PIHCZ beyond the
directed fishing for groundfish using
trawl gear and directed fishing for
Pacific cod using pot gear. Additional
prohibitions were not projected to result
in PIBKC bycatch savings, but would
likely have serious adverse economic
impacts on fishing communities, as the
groundfish fisheries attempt to avoid
PIBKC bycatch through foregone
groundfish catch or increased operating
costs.
For example, prohibiting directed
fishing for Pacific cod with hook-andline gear would have closed the PIHCZ
to the groundfish sector having the
second highest PIBKC bycatch rate in
this area. The observed PIBKC bycatch
in the PIHCZ taken by the Pacific cod
hook-and-line sector was 347 crabs from
2005 to 2011, amounting to 0.2 percent
of the PIBKC stock abundance (see
Section 4.5.5.1 of the EA, Table 4–12).
However, based on the retrospective
analysis, extending the PIHCZ closure to
this sector could result in foregone
groundfish catch, increased operating
costs, and potentially serious negative
economic impacts. The Pacific cod
hook-and-line sector annually harvests
1,500 tons with a value of $2 million,
or about 1.7 percent of this sector’s total
revenue, within the PIHCZ. In contrast
to the Pacific cod pot sector’s estimated
pattern of redeployment outside of the
PIHCZ, the retrospective analysis in the
RIR indicates that the Pacific cod hookand-line fleet will experience increased
operational costs because this sector
may need to make up foregone catch by
altering fishing patterns in widely
dispersed areas outside the PIHCZ that
have a history of smaller catches (see
Sections 4.5.5.1 of the EA and 1.4.2 of
the RIR). In addition, the Pacific cod
hook-and-line fishery is managed almost
entirely under a voluntary cooperative
management structure and can respond
to PIBKC bycatch through cooperative
management measures in order to avoid
bycatch (see Section 4.5.5.1 of the EA).
Similarly, the Council did not extend
the closure to non-Pacific cod hook-andline and pot fisheries within the PIHCZ
because those sectors only had an
average PIBKC bycatch rate of 0.0176
per metric ton of groundfish from 2005
to 2011 (see Section 4.5.5.1 of the EA).
Based on the much lower observed
PIBKC bycatch rate, the bycatch savings
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from extending the closure in the PIHCZ
to those fisheries would likely be
negligible and did not outweigh the
costs that would be imposed on these
fisheries.
Although additional closures or
extended closure configurations may
further reduce PIBKC bycatch in the
groundfish fisheries, as contemplated by
Alternatives 3, 4, 5, and 6, the Council
noted numerous stock distribution and
observer coverage issues with respect to
these alternatives. Area closures outside
the PIHCZ and area closures triggered
by fishery-wide PIBKC PSC limits
would not be viable at this time because
of the difficulty in establishing the
PIBKC stock boundary, the current
limitations in distinguishing and
accounting for bycatch of PIBKC from
bycatch of St. Matthew Island blue king
crab in the groundfish fisheries, and the
resulting limitations in the methodology
for estimated mortality of PIBKC relative
to stock distribution.
For example, the PIBKC stock is
located in Federal reporting area 513.
However, portions of this stock are also
located in Federal reporting areas 521
and 524, areas that are occupied
primarily by the St. Matthew Island blue
king crab stock. Because the catch
accounting system (CAS) is designed to
estimate catch across the entire Bering
Sea in terms of catch per species, rather
than catch per stock, the CAS does not
have the resolution to distinguish
between crab mortality of St. Matthew
and Pribilof Islands blue king crab
stocks in these areas. Further, the
Council ultimately did not consider
trigger cap closures (Alternatives 2c, 5,
and 6) viable alternatives due to
uncertainty in appropriate definition of
the stock area and the resulting current
limitations in the methodology for
estimating mortality of PIBKC relative to
the stock distribution (see Section 4.2.2
of the EA). The potential costs of the
various alternatives are shown as
tonnage and gross revenue at risk in
Tables 1–6 to 1–15 of the RIR. Because
of the added administrative costs
associated with these closures and
because NMFS would be unable to
effectively manage these PIBKC bycatch
reduction measures at this time, the
Council and NMFS believe these
alternatives would not be practicable.
The Council considered but did not
ultimately choose an option available
under any of the alternatives to apply
increased observer coverage. Observer
coverage requirements were modified in
2013 under the restructured Observer
Program (77 FR 70062, November 21,
2012), which now requires full observer
coverage on catcher/processors, some of
which were under 30 percent coverage
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requirements prior to 2013. This change
in observer coverage will improve
estimation for hook-and-line catcher/
processors operating in the PIHCZ.
Catcher vessels, which harvest a very
small proportion of the groundfish
relative to catcher/processors, are under
partial coverage under the restructured
Observer Program. Randomized
deployment under the restructured
Observer Program will improve the
quality of data available from the
catcher vessel sector and provide
additional information on relative catch
rates by all fleets (see Section 3.4.1 of
the EA).
Proposed Regulatory Revisions Required
by the Actions
NMFS proposes to revise
§ 679.22(a)(6) to prohibit directed
fishing for Pacific cod using pot gear in
the PIHCZ. The existing prohibition on
the use of trawl gear in the PIHCZ
would be retained. In addition, Figure
10 to part 679 would be revised by
changing the name from ‘‘Pribilof
Islands Habitat Conservation Area in the
Bering Sea’’ to read ‘‘Pribilof Islands
Habitat Conservation Zone in the Bering
Sea’’ to be consistent with the definition
of the PIHCZ at § 679.2. The map for
Figure 10 would be reformatted for
greater accuracy and improved
appearance. These format changes are
non-substantive. See proposed Figure 10
to part 679.
Classification
Pursuant to sections 304(b)(1)(A) and
305(d) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has
determined that this proposed rule is
consistent with the BSAI FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for the
purposes of Executive Order (E.O.)
12866.
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Initial Regulatory Flexibility Analysis
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A description of
the action, why it is being considered,
and the legal basis for this action are
contained at the beginning of this
section in the preamble and in the
SUMMARY section of the preamble and
are not repeated here. A summary of the
analysis follows. A copy of this analysis
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is available from NMFS (see
ADDRESSES).
On June 12, 2014, the Small Business
Administration issued an interim final
rule revising the small business size
standards for several industries effective
July 14, 2014 (79 FR 33647, June 12,
2014). The rule increased the size
standard for Finfish Fishing from $19.0
million to $20.5 million, Shellfish
Fishing from $ 5.0 million to $5.5
million, and Other Marine Fishing from
$7.0 million to $7.5 million. The new
size standards were used to prepare the
IRFA for this action.
Number and Description of Small
Entities Regulated by the Proposed
Action
The entities directly regulated by this
proposed action are the owners and
operators of vessels directed fishing for
Pacific cod using pot gear in the PIHCZ.
Earnings from all Alaska fisheries for
2010, the most recent year of complete
earnings data, were matched with the
vessels that participated in the BSAI
groundfish fisheries for that year. Based
on the known affiliations and joint
ownership of the vessels, a total of 114
vessels caught, or caught and processed,
less than $20.5 million ex-vessel value
or product value of groundfish and
other species in the BSAI. These 114
vessels are considered small entities
because they all have annual ex-vessel
revenues less than the $20.5 million
standard for small finifish fishing
vessels under the RFA. Of these 114
vessels, 34 directed fish for Pacific cod
using pot gear, and all of these vessels
could be regulated by this action.
The six Western Alaska Community
Development Quota (CDQ) groups and
the 65 communities they represent are
small entities under the RFA. Each of
the CDQ groups receives annual
allocations of Pacific cod in the BSAI.
The CDQ groups harvest these
allocations with vessels they own and
vessels they contract with. The vessels
owned by the CDQ groups and used to
target Pacific cod are primarily large
catcher/processors using hook-and-line
or trawl gear. In 2012, the CDQ groups
harvested 24,402 metric tons of Pacific
cod. Less than 15 percent of this catch
was made by vessels using pot gear,
none of which were owned by the CDQ
groups (actual catch using pot gear is
confidential). None of the Pacific cod
caught by the CDQ groups was
harvested within the proposed closure
areas. As CDQ groups have never used
pot gear to harvest Pacific cod within
the proposed closure area, the proposed
action is not expected to impact the
CDQ groups, the CDQ communities, or
the vessels that fish on their behalf.
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The impacts of the proposed action on
directly regulated small entities are
analyzed in the IRFA. In recent years,
many of the vessels identified in this
analysis as having potential small entity
impacts have become members of
fishing cooperatives. Increased
affiliation with the BSAI FreezerLongline Cooperative, as well as various
crab cooperatives, has resulted in many
vessels now being classified as large
entities due to these affiliations. This
analysis has incorporated cooperative
affiliation information to adjust the
numbers of potentially directly
regulated small entities and, thereby,
the estimate of revenue at risk specific
to small entities. The result is evident in
the declining small entity impact
estimates in 2010, where estimated
impacts are near zero for many
alternatives with the exception of
potential CDQ impacts, which are, by
definition, small although the vessels
that harvest for CDQ organizations are
themselves now large via affiliations.
Thus, with increased membership in
cooperatives, nearly all of the
potentially directly regulated vessels are
presently classified as large entities and
the potential effects of the proposed
action on small entities appears to be
de-minimis.
Duplicate, Overlapping, or Conflicting
Federal Rules
No duplication, overlap, or conflict
between this proposed action and
existing Federal rules has been
identified.
Description of Significant Alternatives
That Minimize Adverse Impacts on
Small Entities
An IRFA requires a description of any
significant alternatives to the preferred
alternative that would minimize any
significant adverse economic impact of
the proposed rule on small entities. The
suite of potential actions includes six
alternatives with components and
options for closures in the Bering Sea to
minimize the bycatch of PIBKC and
reduce the risk of overfishing.
The Council’s preferred alternative,
Alternative 2b, was selected as the
action alternative. Alternative 2b would
close year round the PIHCZ to directed
fishing for Pacific cod with pot gear to
prevent overfishing of PIBKC and
minimize bycatch of PIBKC in
groundfish fisheries. Alternative 2b
would further reduce PIBKC bycatch
mortality in groundfish fisheries,
enhancing the likelihood of a successful
rebuilding effort.
Alternative 1 is the status quo or no
action alternative, which would not
change the closure to all trawl gear in
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the PIHCZ. This alternative does not
meet the goals and objectives of the
action to minimize bycatch of PIBKC,
and would not provide further
protection to PIBKC from the potential
effects of the groundfish fisheries.
Alternatives 2 through 6 would retain
all of the current protection measures in
place for the PIBKC stock and apply
additional measures. These alternatives
would establish closure areas for
specific groundfish fisheries that are
described in the following paragraphs
for each alternative.
Alternative 2 included three specific
methods for closing the PIHCZ to
directed fishing for a variety of
groundfish fisheries. Alternative 2a
would close the PIHCZ on an annual
basis to groundfish fisheries that met a
threshold of PIBKC bycatch from 2003
to 2010 that is greater than 5 percent of
the ABC of PIBKC. Fisheries that met
the 5-percent threshold are the Pacific
cod hook-and-line fishery, Pacific cod
pot fishery, yellowfin sole trawl fishery,
and other flatfish trawl fishery.
Alternative 2b, the preferred alternative
proposed to be implemented by this
action, would close the PIHCZ year
round to Pacific cod pot fishing.
Alternative 2c would close the PIHCZ to
directed fishing for Pacific cod by
vessels using pot gear if the total PIBKC
bycatch in all groundfish fisheries in the
BSAI reached 20 percent, 30 percent, or
50 percent of the overall trigger closure
cap of 75 percent of the ABC.
Alternative 2c would also require
vessels directed fishing for Pacific cod
with pot gear in the PIHCZ to maintain
100 percent observer coverage.
Alternatives 2a and 2c would have a
greater impact on small entities than
Alternative 2b because more vessels
would be subject to potential closures in
the PIHCZ. Alternative 2c would also
increase the potential costs on small
entities by increasing observer coverage
requirements for these vessels.
Alternative 3 would close the existing
ADF&G crab closure area between 168°
and 170° West longitude, and between
57° and 58° North latitude to additional
fishing effort, in addition to the status
quo groundfish trawl closure. Under
Alternative 3, Option 3a, this closure
would apply to all groundfish fisheries
that have contributed greater than a
designated threshold to bycatch of
PIBKC since 2003. The closure would
apply to any fishery that had bycatch of
PIBKC between 2003 and 2010 of greater
than 5 percent of ABC. Under the 5
percent threshold, the closure would
apply to the following fisheries:
Yellowfin sole trawl, other flatfish
trawl, Pacific cod pot, and Pacific cod
hook-and-line. Alternative 3b would
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close the area to directed fishing for
Pacific cod only. Alternative 3a would
have a greater impact on small entities
than Alternative 3b because more
vessels would be subject to potential
closures in the PIHCZ. While
Alternative 3b could potentially have
less of an impact on small entities than
the other alternatives (data is
confidential for all years except 2005),
the Alternative 3 closure boundaries
exclude southern parts of the PIHCZ
where PIBKC bycatch by Pacific cod pot
fishing has occurred (see Figure 5–25 in
the EA).
Alternative 4 would establish a
closure throughout the range of the
PIBKC based on either the distribution
of the PIBKC stock aggregated from 1975
to 2009, or from 1984 to 2009. This
range of data represented recent trends
of the known distribution of PIBKC
based on current stock survey
methodologies and is greater than the
area closure in the PIHCZ and the
ADF&G closures defined under
Alternative 3. Alternatives 4a and 4b
would establish closures consistent with
the same criteria established for
Alternatives 2a and 2b, and 3a and 3b,
respectively. Alternative 4 would have a
greater impact on small entities due to
the greater size of the closure.
Alternative 5 would establish a PSC
limit equal to either the overfishing
limit (OFL), the ABC, or a proportion of
the ABC for the PIBKC stock. All
bycatch of the PIBKC in all groundfish
fisheries would accrue toward this PSC
limit, and those groundfish fisheries
that contributed to greater than a
designated threshold of PIBKC bycatch
since 2003 would be closed once the
fishery-wide PSC limit was reached.
Alternative 5 would have four closure
area options: Options 5a, 5b, 5c, and 5d,
which correspond to the closure areas
defined under Alternatives 1, 3, and 4
(1975 to 2009 PIBKC stock distribution
and 1984 to 2009 PIBKC stock
distribution), respectively. Under each
of these options, the closure would be
triggered by attainment of a fishery-wide
PIBKC PSC limit set at the following
options: PSC limit equal to the OFL,
PSC limit equal to the ABC, PSC limit
equal to 90 percent of the ABC, or PSC
limit equal to 75 percent of the ABC.
Under Option 5d, under the PSC limit
equal to 90 percent of the ABC and the
PSC limit equal to 75 percent of the
ABC, there would be an additional
option for allocation of the PSC limit by
gear type: 40 Percent trawl gear, 40
percent pot gear, and 20 percent hookand-line gear.
Alternative 6 would have two
components: (1) Establish a year-round
closure of the PIHCZ to directed fishing
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for Pacific cod using pot gear, and (2)
establish a triggered closure of the area
representing the distribution of the
PIBKC stock from 1984 to 2009. The
PSC limit associated with the triggered
closure would be established as a
fishery-wide level at 75 percent of the
ABC. The PSC limit would be set either
in the numbers of crab based on the
average weight in the previous season or
in numbers of crab based on a rolling 5year average weight. The PSC limit
would be further allocated to sectors
either by gear type or to all groundfish
fisheries in the aggregate by seasons.
In addition, each of the alternatives
included options to increase observer
coverage that could be applied to all
fisheries or a specific fishery.
The Council ultimately did not
consider trigger cap closures
(Alternatives 2c, 5, and 6) viable
alternatives, due to uncertainty in
appropriate definition of the stock area
and the resulting current limitations in
the methodology for estimating
mortality of PIBKC relative to the stock
distribution (see discussion in Section
5.2.2 of the EA). These alternatives
would not have a measurable impact
that would minimize the bycatch of
PIBKC relative to status quo. These
alternatives could reduce the risk of
overfishing, but they would not
effectively prevent overfishing,
consistent with the goals and objectives
of this action.
None of the viable alternatives
(Alternative 2a, Alternatives 3a and 3b,
and Alternatives 4a and 4b) could
potentially have less of an impact on
fisheries than the Council’s
recommended alternative, 2b. Table 1–
34 in the IRFA (see ADDRESSES) provides
a comparison of the potential impacts
on directly regulated small entities, in
terms of gross revenue at risk, under
each of the alternatives. Based on the
best available scientific data and
information, there are no alternatives to
the proposed action that have the
potential to accomplish the stated
objectives of the Magnuson-Stevens Act
and any other applicable statutes and
that have the potential to minimize any
significant adverse economic impact of
the proposed rule on directly regulated
small entities.
Reporting, Recordkeeping, and Other
Compliance Requirements
This proposed action does not contain
reporting, recordkeeping, or other
compliance requirements.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries.
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Dated: August 26, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
■
For the reasons set out in the
preamble, 50 CFR part 679 is proposed
to be amended as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447.
2. In § 679.22, revise paragraph (a)(6)
to read as follows:
■
§ 679.22
Closures
(a) * * *
51525
(6) Pribilof Islands Habitat
Conservation Zone. Directed fishing for
groundfish using trawl gear and directed
fishing for Pacific cod using pot gear is
prohibited at all times in the area
defined in Figure 10 to this part as the
Pribilof Islands Habitat Conservation
Zone.
■ 3. Revise Figure 10 to part 679—
including the Figure heading—to read
as follows:
BILLING CODE 3510–22–P
BILLING CODE 3510–22–C
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[FR Doc. 2014–20682 Filed 8–28–14; 8:45 am]
Agencies
[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Proposed Rules]
[Pages 51520-51525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20682]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 120706220-4693-01]
RIN 0648-BC34
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
Pot Gear Fishing Closure in the Pribilof Islands Habitat Conservation
Zone in the Bering Sea
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 a proposed rule that would implement Amendment 103
to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea
and Aleutian Islands Management Area (BSAI FMP) to close year-round the
Pribilof Islands Habitat Conservation Zone (PIHCZ) to directed fishing
for Pacific cod with pot gear to minimize bycatch and prevent
overfishing of Pribilof Islands blue king crab (PIBKC). This action
would promote the goals and objectives of the Magnuson-Stevens Fishery
Conservation and Management Act, the FMP, and other applicable law.
DATES: Submit comments on or before September 29, 2014.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0141, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0141, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Attachments to electronic comments will be accepted in Microsoft Word,
Excel, or Adobe PDF file formats only.
Electronic copies of the BSAI FMP, Amendment 103 to the BSAI FMP,
the Environmental Assessment (EA), and the Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (RIR/IRFA) prepared for this
action are available from https://www.regulations.gov or from the NMFS
Alaska Region Web site at https://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the BSAI groundfish fisheries
under the FMP for groundfish in the BSAI management area (BSAI FMP).
The North Pacific Fishery Management Council (Council) prepared the FMP
[[Page 51521]]
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and other applicable laws.
General regulations that pertain to U.S. fisheries appear at subpart H
of 50 CFR part 600. Regulations implementing the BSAI FMP appear at 50
CFR part 679.
The Council submitted Amendment 103 to the BSAI FMP for review by
the Secretary of Commerce, and a notice of availability was published
in the Federal Register on August 21, 2014 (79 FR 49487), with comments
invited through October 20, 2014. Comments may address Amendment 103 to
the BSAI FMP, or this proposed rule, but must be received by October
20, 2014, to be considered in the approval/disapproval decision on
Amendment 103 to the BSAI FMP. All comments received by that date,
whether specifically directed to Amendment 103 to the BSAI FMP or to
this proposed rule will be considered in the approval/disapproval
decision on Amendment 103.
Background
The Pribilof Islands blue king crab (PIBKC) stock is managed as a
distinct stock and occurs around the islands of Saint Paul and Saint
George in the Bering Sea. The PIBKC stock is currently overfished and
under a rebuilding plan (69 FR 17651, April 5, 2004). NMFS and the
Alaska Department of Fish and Game (ADF&G) have implemented a number of
increasingly conservative management measures to limit potentially
adverse fishery effects on PIBKC.
In 1999, as part of the joint management of the crab stocks under
the Crab FMP, the ADF&G closed the directed PIBKC fishery due to the
declining trend in PIBKC abundance. ADF&G also closed the directed
Pribilof Islands red king crab fishery to minimize the bycatch of PIBKC
in that fishery. Based on NMFS annual trawl survey data, ADF&G
continues to annually close specific State statistical areas where
PIBKC are known to occur during the Bristol Bay red king crab, snow
crab, and Tanner crab fisheries to minimize PIBKC bycatch in those crab
fisheries.
NMFS closed the Pribilof Islands Habitat Conservation Zone (PIHCZ)
to groundfish trawl gear to protect blue king crab under Amendment 21a
to the BSAI FMP (60 FR 4110, January 20, 1995). The PIHCZ was
established based on the distribution of the blue king crab recorded in
the NMFS annual trawl surveys and on observer data (see proposed Figure
10 to 50 CFR part 679).
NMFS classified the PIBKC stock as a prohibited species in Table 2b
to 50 CFR part 679. The BSAI FMP and implementing regulations at Sec.
679.21 require that the incidental catch of prohibited species be
avoided while fishing for groundfish. Regulations at Sec. 679.7(a)(12)
prohibit retaining or possessing prohibited species unless permitted to
do so under the Prohibited Species Donation program as provided by
Sec. 679.26 of this part, or as authorized by other applicable law.
Pursuant to these regulations, directed groundfish fisheries must
immediately return PIBKC bycatch to the sea with a minimum of injury.
Due to chronic low abundance, this stock remains overfished despite
these measures to minimize catch of blue king crab. The cause of the
continued low PIBKC stock abundance and failure to recover is not well
understood. Information included in recent Stock Assessment and Fishery
Evaluation (SAFE) reports suggest that environmental conditions such as
changing ocean currents, changing water temperatures, and changing
spatial distributions among king crab stocks may contribute to the
failure of this stock to recover (see 2010, 2011, 2012 SAFE reports for
the PIBKC). While there are no apparent physical barriers to adult
dispersal, crab larval dispersal may be affected by local oceanography,
which may in turn affect recruitment of the PIBKC stock (see Table 4-4
of the EA). Environmental conditions may also play a role in female
crab reproduction and growth; however this relationship is poorly
understood (Section 4.5.2 of the EA).
The continuing low abundance of PIBKC underscores the need to
implement additional measures to minimize PIBKC bycatch in the
groundfish fisheries to the extent practicable. The Council considered
additional conservation and management measures to further minimize
bycatch and prevent overfishing with the goal to rebuild PIBKC. The
Council recommended Amendment 103 to address the remaining significant
source of PIBKC mortality by prohibiting Pacific cod directed fishing
with pot gear in the PIHCZ. The Pacific cod pot fishery occurs within
the PIHCZ and had the highest observed bycatch rates of PIBKC across
all gear types from 2005 to 2011 (see Section 4.5.4 of the EA). This
action is consistent with the PIBKC rebuilding plan, but reduces PIBKC
bycatch in the groundfish fishery to address the potential for PIBKC
bycatch in the groundfish fishery to exceed the annual PIBKC
overfishing limit.
The Council recommended closing the PIHCZ to directed fishing for
Pacific cod with pot gear based on (1) the high rate of PIBKC bycatch
in the PIHCZ relative to other areas outside of the PIHCZ, (2) the high
concentration of PIBKC in the PIHCZ, (3) the occurrence of known PIBKC
habitat within the PIHCZ, (4) the high rate of PIBKC bycatch in the
Pacific cod pot fishery relative to other groundfish fisheries, and (5)
the limited impact the Pacific cod pot gear closure in the PIHCZ would
have on the Pacific cod pot fishery relative to other groundfish
fisheries closures. This proposed action ensures that the reduction of
bycatch is focused on the fishery that is most likely to achieve the
bycatch reduction with the least economic impacts overall for the
groundfish fisheries.
In recommending this proposed action, the Council considered a
number of management measures designed to reduce PIBKC bycatch in the
groundfish fisheries. The Council considered expanding the year-round
PIHCZ closure to apply not only to vessels using trawl gear, but also
to groundfish fisheries that have contributed to a designated
percentage threshold of PIBKC bycatch from 2003 to 2010. The Council
also considered implementing groundfish closure areas that would mirror
the current ADF&G crab closure areas or that would cover the entire
distribution of the PIBKC stock. Such closures would apply to
groundfish fisheries that have contributed to greater than a designated
percentage threshold of PIBKC bycatch. Finally, the Council considered
establishing PIBKC prohibited species catch (PSC) limits. All PIBKC
bycatch in all groundfish fisheries would accrue toward the PIBKC PSC
limit. Once reached, the PIBKC PSC limit would trigger fishery closures
that would apply only to those groundfish fisheries that had
contributed to a greater than designated threshold of PIBKC bycatch
(triggered closures) (see Section 2 of the EA).
The Council evaluated the alternatives based on the best scientific
information available, including survey data on location and
concentration of PIBKC, historical distribution of PIBKC, environmental
conditions and biology of the PIBKC stock, observed PIBKC bycatch rates
in all the groundfish fisheries, information on key habitat components
for the PIBKC stock, the potential displacement of fishing effort from
the alternative closure areas to other fishing grounds, and the
economic impact of PIBKC bycatch reductions and closure areas on
fishing communities.
The Council noted that the best scientific information on PIBKC
[[Page 51522]]
location, observed catch rates, and habitat type indicates that the
PIHCZ contains the highest concentration of PIBKC as well as PIBKC
habitat. The Pacific cod pot gear fishery had the highest observed
bycatch rates of PIBKC across all gear types from 2005 to 2011. During
this time period, the average observed PIBKC bycatch rate in Pacific
cod fisheries using pot gear within the PIHCZ was 0.052 crab per metric
ton of groundfish. In the BSAI, the highest and second-highest PIBKC
bycatch rates by Pacific cod pot gear are located within the PIHCZ to
the northeast and east of St. Paul Island, respectively. Nearly all of
the observed PIBKC bycatch was within the PIHCZ. In recommending the
prohibition on directed fishing for Pacific cod with pot gear in the
PIHCZ, the Council focused on the groundfish sector with the highest
observed bycatch rate in an area where the PIBKC stock and habitat are
concentrated (see Sections 2.2 and 4.5.5 of the EA).
This action would prevent the BSAI groundfish fisheries from
exceeding the overfishing level established for the PIBKC stock.
Although the PIBKC bycatch in all groundfish fisheries has been below
the overfishing level, the Council acknowledged that recent trends in
crab bycatch suggest that groundfish fisheries occurring near the
Pribilof Islands have the potential to exceed the overfishing level and
acceptable biological catch for this stock (see Section 1.1 of the EA).
Prohibiting Pacific cod pot fishing in the habitat conservation zone
would remove a significant source of crab bycatch mortality and prevent
exceeding the PIBKC overfishing level.
This proposed action would minimize PIBKC bycatch in the groundfish
fisheries to the extent practicable, consistent with National Standard
9. Prohibiting directed fishing for Pacific cod with pot gear in the
PIHCZ would prevent PIBKC bycatch in an area of known PIBKC habitat. In
recommending the proposed action, the Council noted that Pacific cod
catches by vessels using pot gear that occur within the PIHCZ could be
effectively harvested outside of the boundary of the PIHCZ; thus, the
overall catch of Pacific cod would not be reduced. In addition, in more
recent years, Pacific cod pot sector harvests within the PIHCZ have
declined considerably to approximately 125 tons with a value of about
$200,000, which represents less than one percent of Pacific cod pot
fleet total revenue in 2010 (see Sections 1.4.2.1 and 1.4.2.2 of the
RIR). According to the RIR, prohibiting fishing for Pacific cod with
pot gear in the PIHCZ is practicable for the Pacific cod pot sector
because this measure is not expected to result in increased operational
costs or reduced harvest for this sector.
As noted above, the Council evaluated a number of additional
alternatives that would further reduce PIBKC bycatch in other
groundfish fisheries. The Council did not recommend imposing
prohibitions on directed groundfish fishing within the PIHCZ beyond the
directed fishing for groundfish using trawl gear and directed fishing
for Pacific cod using pot gear. Additional prohibitions were not
projected to result in PIBKC bycatch savings, but would likely have
serious adverse economic impacts on fishing communities, as the
groundfish fisheries attempt to avoid PIBKC bycatch through foregone
groundfish catch or increased operating costs.
For example, prohibiting directed fishing for Pacific cod with
hook-and-line gear would have closed the PIHCZ to the groundfish sector
having the second highest PIBKC bycatch rate in this area. The observed
PIBKC bycatch in the PIHCZ taken by the Pacific cod hook-and-line
sector was 347 crabs from 2005 to 2011, amounting to 0.2 percent of the
PIBKC stock abundance (see Section 4.5.5.1 of the EA, Table 4-12).
However, based on the retrospective analysis, extending the PIHCZ
closure to this sector could result in foregone groundfish catch,
increased operating costs, and potentially serious negative economic
impacts. The Pacific cod hook-and-line sector annually harvests 1,500
tons with a value of $2 million, or about 1.7 percent of this sector's
total revenue, within the PIHCZ. In contrast to the Pacific cod pot
sector's estimated pattern of redeployment outside of the PIHCZ, the
retrospective analysis in the RIR indicates that the Pacific cod hook-
and-line fleet will experience increased operational costs because this
sector may need to make up foregone catch by altering fishing patterns
in widely dispersed areas outside the PIHCZ that have a history of
smaller catches (see Sections 4.5.5.1 of the EA and 1.4.2 of the RIR).
In addition, the Pacific cod hook-and-line fishery is managed almost
entirely under a voluntary cooperative management structure and can
respond to PIBKC bycatch through cooperative management measures in
order to avoid bycatch (see Section 4.5.5.1 of the EA).
Similarly, the Council did not extend the closure to non-Pacific
cod hook-and-line and pot fisheries within the PIHCZ because those
sectors only had an average PIBKC bycatch rate of 0.0176 per metric ton
of groundfish from 2005 to 2011 (see Section 4.5.5.1 of the EA). Based
on the much lower observed PIBKC bycatch rate, the bycatch savings from
extending the closure in the PIHCZ to those fisheries would likely be
negligible and did not outweigh the costs that would be imposed on
these fisheries.
Although additional closures or extended closure configurations may
further reduce PIBKC bycatch in the groundfish fisheries, as
contemplated by Alternatives 3, 4, 5, and 6, the Council noted numerous
stock distribution and observer coverage issues with respect to these
alternatives. Area closures outside the PIHCZ and area closures
triggered by fishery-wide PIBKC PSC limits would not be viable at this
time because of the difficulty in establishing the PIBKC stock
boundary, the current limitations in distinguishing and accounting for
bycatch of PIBKC from bycatch of St. Matthew Island blue king crab in
the groundfish fisheries, and the resulting limitations in the
methodology for estimated mortality of PIBKC relative to stock
distribution.
For example, the PIBKC stock is located in Federal reporting area
513. However, portions of this stock are also located in Federal
reporting areas 521 and 524, areas that are occupied primarily by the
St. Matthew Island blue king crab stock. Because the catch accounting
system (CAS) is designed to estimate catch across the entire Bering Sea
in terms of catch per species, rather than catch per stock, the CAS
does not have the resolution to distinguish between crab mortality of
St. Matthew and Pribilof Islands blue king crab stocks in these areas.
Further, the Council ultimately did not consider trigger cap closures
(Alternatives 2c, 5, and 6) viable alternatives due to uncertainty in
appropriate definition of the stock area and the resulting current
limitations in the methodology for estimating mortality of PIBKC
relative to the stock distribution (see Section 4.2.2 of the EA). The
potential costs of the various alternatives are shown as tonnage and
gross revenue at risk in Tables 1-6 to 1-15 of the RIR. Because of the
added administrative costs associated with these closures and because
NMFS would be unable to effectively manage these PIBKC bycatch
reduction measures at this time, the Council and NMFS believe these
alternatives would not be practicable.
The Council considered but did not ultimately choose an option
available under any of the alternatives to apply increased observer
coverage. Observer coverage requirements were modified in 2013 under
the restructured Observer Program (77 FR 70062, November 21, 2012),
which now requires full observer coverage on catcher/processors, some
of which were under 30 percent coverage
[[Page 51523]]
requirements prior to 2013. This change in observer coverage will
improve estimation for hook-and-line catcher/processors operating in
the PIHCZ. Catcher vessels, which harvest a very small proportion of
the groundfish relative to catcher/processors, are under partial
coverage under the restructured Observer Program. Randomized deployment
under the restructured Observer Program will improve the quality of
data available from the catcher vessel sector and provide additional
information on relative catch rates by all fleets (see Section 3.4.1 of
the EA).
Proposed Regulatory Revisions Required by the Actions
NMFS proposes to revise Sec. 679.22(a)(6) to prohibit directed
fishing for Pacific cod using pot gear in the PIHCZ. The existing
prohibition on the use of trawl gear in the PIHCZ would be retained. In
addition, Figure 10 to part 679 would be revised by changing the name
from ``Pribilof Islands Habitat Conservation Area in the Bering Sea''
to read ``Pribilof Islands Habitat Conservation Zone in the Bering
Sea'' to be consistent with the definition of the PIHCZ at Sec. 679.2.
The map for Figure 10 would be reformatted for greater accuracy and
improved appearance. These format changes are non-substantive. See
proposed Figure 10 to part 679.
Classification
Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this
proposed rule is consistent with the BSAI FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
the purposes of Executive Order (E.O.) 12866.
Initial Regulatory Flexibility Analysis
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of this section in the preamble and in the SUMMARY
section of the preamble and are not repeated here. A summary of the
analysis follows. A copy of this analysis is available from NMFS (see
ADDRESSES).
On June 12, 2014, the Small Business Administration issued an
interim final rule revising the small business size standards for
several industries effective July 14, 2014 (79 FR 33647, June 12,
2014). The rule increased the size standard for Finfish Fishing from
$19.0 million to $20.5 million, Shellfish Fishing from $ 5.0 million to
$5.5 million, and Other Marine Fishing from $7.0 million to $7.5
million. The new size standards were used to prepare the IRFA for this
action.
Number and Description of Small Entities Regulated by the Proposed
Action
The entities directly regulated by this proposed action are the
owners and operators of vessels directed fishing for Pacific cod using
pot gear in the PIHCZ. Earnings from all Alaska fisheries for 2010, the
most recent year of complete earnings data, were matched with the
vessels that participated in the BSAI groundfish fisheries for that
year. Based on the known affiliations and joint ownership of the
vessels, a total of 114 vessels caught, or caught and processed, less
than $20.5 million ex-vessel value or product value of groundfish and
other species in the BSAI. These 114 vessels are considered small
entities because they all have annual ex-vessel revenues less than the
$20.5 million standard for small finifish fishing vessels under the
RFA. Of these 114 vessels, 34 directed fish for Pacific cod using pot
gear, and all of these vessels could be regulated by this action.
The six Western Alaska Community Development Quota (CDQ) groups and
the 65 communities they represent are small entities under the RFA.
Each of the CDQ groups receives annual allocations of Pacific cod in
the BSAI. The CDQ groups harvest these allocations with vessels they
own and vessels they contract with. The vessels owned by the CDQ groups
and used to target Pacific cod are primarily large catcher/processors
using hook-and-line or trawl gear. In 2012, the CDQ groups harvested
24,402 metric tons of Pacific cod. Less than 15 percent of this catch
was made by vessels using pot gear, none of which were owned by the CDQ
groups (actual catch using pot gear is confidential). None of the
Pacific cod caught by the CDQ groups was harvested within the proposed
closure areas. As CDQ groups have never used pot gear to harvest
Pacific cod within the proposed closure area, the proposed action is
not expected to impact the CDQ groups, the CDQ communities, or the
vessels that fish on their behalf.
The impacts of the proposed action on directly regulated small
entities are analyzed in the IRFA. In recent years, many of the vessels
identified in this analysis as having potential small entity impacts
have become members of fishing cooperatives. Increased affiliation with
the BSAI Freezer-Longline Cooperative, as well as various crab
cooperatives, has resulted in many vessels now being classified as
large entities due to these affiliations. This analysis has
incorporated cooperative affiliation information to adjust the numbers
of potentially directly regulated small entities and, thereby, the
estimate of revenue at risk specific to small entities. The result is
evident in the declining small entity impact estimates in 2010, where
estimated impacts are near zero for many alternatives with the
exception of potential CDQ impacts, which are, by definition, small
although the vessels that harvest for CDQ organizations are themselves
now large via affiliations. Thus, with increased membership in
cooperatives, nearly all of the potentially directly regulated vessels
are presently classified as large entities and the potential effects of
the proposed action on small entities appears to be de-minimis.
Duplicate, Overlapping, or Conflicting Federal Rules
No duplication, overlap, or conflict between this proposed action
and existing Federal rules has been identified.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
An IRFA requires a description of any significant alternatives to
the preferred alternative that would minimize any significant adverse
economic impact of the proposed rule on small entities. The suite of
potential actions includes six alternatives with components and options
for closures in the Bering Sea to minimize the bycatch of PIBKC and
reduce the risk of overfishing.
The Council's preferred alternative, Alternative 2b, was selected
as the action alternative. Alternative 2b would close year round the
PIHCZ to directed fishing for Pacific cod with pot gear to prevent
overfishing of PIBKC and minimize bycatch of PIBKC in groundfish
fisheries. Alternative 2b would further reduce PIBKC bycatch mortality
in groundfish fisheries, enhancing the likelihood of a successful
rebuilding effort.
Alternative 1 is the status quo or no action alternative, which
would not change the closure to all trawl gear in
[[Page 51524]]
the PIHCZ. This alternative does not meet the goals and objectives of
the action to minimize bycatch of PIBKC, and would not provide further
protection to PIBKC from the potential effects of the groundfish
fisheries.
Alternatives 2 through 6 would retain all of the current protection
measures in place for the PIBKC stock and apply additional measures.
These alternatives would establish closure areas for specific
groundfish fisheries that are described in the following paragraphs for
each alternative.
Alternative 2 included three specific methods for closing the PIHCZ
to directed fishing for a variety of groundfish fisheries. Alternative
2a would close the PIHCZ on an annual basis to groundfish fisheries
that met a threshold of PIBKC bycatch from 2003 to 2010 that is greater
than 5 percent of the ABC of PIBKC. Fisheries that met the 5-percent
threshold are the Pacific cod hook-and-line fishery, Pacific cod pot
fishery, yellowfin sole trawl fishery, and other flatfish trawl
fishery. Alternative 2b, the preferred alternative proposed to be
implemented by this action, would close the PIHCZ year round to Pacific
cod pot fishing. Alternative 2c would close the PIHCZ to directed
fishing for Pacific cod by vessels using pot gear if the total PIBKC
bycatch in all groundfish fisheries in the BSAI reached 20 percent, 30
percent, or 50 percent of the overall trigger closure cap of 75 percent
of the ABC. Alternative 2c would also require vessels directed fishing
for Pacific cod with pot gear in the PIHCZ to maintain 100 percent
observer coverage. Alternatives 2a and 2c would have a greater impact
on small entities than Alternative 2b because more vessels would be
subject to potential closures in the PIHCZ. Alternative 2c would also
increase the potential costs on small entities by increasing observer
coverage requirements for these vessels.
Alternative 3 would close the existing ADF&G crab closure area
between 168[deg] and 170[deg] West longitude, and between 57[deg] and
58[deg] North latitude to additional fishing effort, in addition to the
status quo groundfish trawl closure. Under Alternative 3, Option 3a,
this closure would apply to all groundfish fisheries that have
contributed greater than a designated threshold to bycatch of PIBKC
since 2003. The closure would apply to any fishery that had bycatch of
PIBKC between 2003 and 2010 of greater than 5 percent of ABC. Under the
5 percent threshold, the closure would apply to the following
fisheries: Yellowfin sole trawl, other flatfish trawl, Pacific cod pot,
and Pacific cod hook-and-line. Alternative 3b would close the area to
directed fishing for Pacific cod only. Alternative 3a would have a
greater impact on small entities than Alternative 3b because more
vessels would be subject to potential closures in the PIHCZ. While
Alternative 3b could potentially have less of an impact on small
entities than the other alternatives (data is confidential for all
years except 2005), the Alternative 3 closure boundaries exclude
southern parts of the PIHCZ where PIBKC bycatch by Pacific cod pot
fishing has occurred (see Figure 5-25 in the EA).
Alternative 4 would establish a closure throughout the range of the
PIBKC based on either the distribution of the PIBKC stock aggregated
from 1975 to 2009, or from 1984 to 2009. This range of data represented
recent trends of the known distribution of PIBKC based on current stock
survey methodologies and is greater than the area closure in the PIHCZ
and the ADF&G closures defined under Alternative 3. Alternatives 4a and
4b would establish closures consistent with the same criteria
established for Alternatives 2a and 2b, and 3a and 3b, respectively.
Alternative 4 would have a greater impact on small entities due to the
greater size of the closure.
Alternative 5 would establish a PSC limit equal to either the
overfishing limit (OFL), the ABC, or a proportion of the ABC for the
PIBKC stock. All bycatch of the PIBKC in all groundfish fisheries would
accrue toward this PSC limit, and those groundfish fisheries that
contributed to greater than a designated threshold of PIBKC bycatch
since 2003 would be closed once the fishery-wide PSC limit was reached.
Alternative 5 would have four closure area options: Options 5a, 5b,
5c, and 5d, which correspond to the closure areas defined under
Alternatives 1, 3, and 4 (1975 to 2009 PIBKC stock distribution and
1984 to 2009 PIBKC stock distribution), respectively. Under each of
these options, the closure would be triggered by attainment of a
fishery-wide PIBKC PSC limit set at the following options: PSC limit
equal to the OFL, PSC limit equal to the ABC, PSC limit equal to 90
percent of the ABC, or PSC limit equal to 75 percent of the ABC. Under
Option 5d, under the PSC limit equal to 90 percent of the ABC and the
PSC limit equal to 75 percent of the ABC, there would be an additional
option for allocation of the PSC limit by gear type: 40 Percent trawl
gear, 40 percent pot gear, and 20 percent hook-and-line gear.
Alternative 6 would have two components: (1) Establish a year-round
closure of the PIHCZ to directed fishing for Pacific cod using pot
gear, and (2) establish a triggered closure of the area representing
the distribution of the PIBKC stock from 1984 to 2009. The PSC limit
associated with the triggered closure would be established as a
fishery-wide level at 75 percent of the ABC. The PSC limit would be set
either in the numbers of crab based on the average weight in the
previous season or in numbers of crab based on a rolling 5-year average
weight. The PSC limit would be further allocated to sectors either by
gear type or to all groundfish fisheries in the aggregate by seasons.
In addition, each of the alternatives included options to increase
observer coverage that could be applied to all fisheries or a specific
fishery.
The Council ultimately did not consider trigger cap closures
(Alternatives 2c, 5, and 6) viable alternatives, due to uncertainty in
appropriate definition of the stock area and the resulting current
limitations in the methodology for estimating mortality of PIBKC
relative to the stock distribution (see discussion in Section 5.2.2 of
the EA). These alternatives would not have a measurable impact that
would minimize the bycatch of PIBKC relative to status quo. These
alternatives could reduce the risk of overfishing, but they would not
effectively prevent overfishing, consistent with the goals and
objectives of this action.
None of the viable alternatives (Alternative 2a, Alternatives 3a
and 3b, and Alternatives 4a and 4b) could potentially have less of an
impact on fisheries than the Council's recommended alternative, 2b.
Table 1-34 in the IRFA (see ADDRESSES) provides a comparison of the
potential impacts on directly regulated small entities, in terms of
gross revenue at risk, under each of the alternatives. Based on the
best available scientific data and information, there are no
alternatives to the proposed action that have the potential to
accomplish the stated objectives of the Magnuson-Stevens Act and any
other applicable statutes and that have the potential to minimize any
significant adverse economic impact of the proposed rule on directly
regulated small entities.
Reporting, Recordkeeping, and Other Compliance Requirements
This proposed action does not contain reporting, recordkeeping, or
other compliance requirements.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries.
[[Page 51525]]
Dated: August 26, 2014.
Eileen Sobeck,
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
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447.
0
2. In Sec. 679.22, revise paragraph (a)(6) to read as follows:
Sec. 679.22 Closures
(a) * * *
(6) Pribilof Islands Habitat Conservation Zone. Directed fishing
for groundfish using trawl gear and directed fishing for Pacific cod
using pot gear is prohibited at all times in the area defined in Figure
10 to this part as the Pribilof Islands Habitat Conservation Zone.
0
3. Revise Figure 10 to part 679--including the Figure heading--to read
as follows:
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TP29AU14.010
[FR Doc. 2014-20682 Filed 8-28-14; 8:45 am]
BILLING CODE 3510-22-C