Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area and Gulf of Alaska; Seabird Avoidance Requirements, etc.

Federal Register: March 27, 2009 (Volume 74, Number 58)

Rules and Regulations

Page 13355-13359

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr27mr09-15

Page 13355

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration 50 CFR Part 679

Docket No. 080612764-9304-02

RIN 0648-AW94

Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish

Fisheries of the Bering Sea and Aleutian Islands Management Area and

Gulf of Alaska, Seabird Avoidance Requirements Revisions for

International Pacific Halibut Commission Regulatory Area 4E

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule that revises the seabird avoidance requirements for the hook-and-line groundfish and halibut fisheries in

International Pacific Halibut Commission Area 4E. The final rule eliminates seabird avoidance requirements for hook-and-line vessels less than or equal to 55 ft (16.8 m) length overall in portions of Area 4E in the eastern Bering Sea. This action is necessary to revise seabird avoidance measures based on the latest scientific information and to reduce unnecessary regulatory burdens and associated costs.

DATES: Effective April 27, 2009.

ADDRESSES: Copies of the map of the seabird avoidance measures in Area 4E, and the Environmental Assessment/Regulatory Impact Review/Final

Regulatory Flexibility Analysis (EA/RIR/FRFA) for this action may be obtained from NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802,

Attn: Ellen Sebastian or from the Alaska Region NMFS website at http:// www.alaska fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive economic zone (EEZ) off Alaska are managed under the Fishery Management

Plan for Groundfish of the Bering Sea and Aleutian Islands Management

Area and the Fishery Management Plan for Groundfish of the Gulf of

Alaska (FMPs). The North Pacific Fishery Management Council (Council) prepared the FMPs under the authority of the Magnuson-Stevens Fishery

Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq. Regulations implementing the FMPs appear at 50 CFR part 679.

General regulations governing U.S. fisheries also appear at 50 CFR part 600.

Management of the Pacific halibut fisheries in and off Alaska is governed by an international agreement between Canada and the United

States. This agreement, entitled the ``Convention Between the United

States of America and Canada for the Preservation of the Halibut

Fishery of the Northern Pacific Ocean and Bering Sea'' (Convention), was signed at Ottawa, Canada, on March 2, 1953, and was amended by the

``Protocol Amending the Convention,'' signed at Washington, D.C., March 29, 1979. The Convention is implemented in the United States by the

Northern Pacific Halibut Act of 1982 (Halibut Act). The directed commercial Pacific halibut fishery in Alaska is managed under an individual fishing quota (IFQ) program, as is the fixed gear sablefish fishery. The IFQ Program is a limited access management system. This program is codified at 50 CFR part 679.

Background

The purpose of this action is to revise the seabird avoidance measures currently implemented for the hook-and-line groundfish and halibut fisheries based on the best available information regarding seabird occurrence and potential fishing vessel interactions. Seabird avoidance measures reduce the incidental mortality of seabirds in the hook-and-line fisheries off Alaska. Since 1997, NMFS has implemented and revised seabird avoidance measures to mitigate interactions between the federal hook-and-line fisheries and seabirds (62 FR 23176, April 29, 1997; 63 FR 11161, March 6, 1998; 69 FR 1930, January 13, 2004; and 72 FR 71601, December 18, 2007).

A detailed description of the information used to support this action, map of the area, and the reasons for the specific details of the regulatory amendments are in the proposed rule (74 FR 2984, January 16, 2009). The map is reproduced in this rule (See Figure 1).

Regulatory Amendments

In June 2008, the Council unanimously recommended revisions to the seabird avoidance measures in a portion of Area 4E. These measures apply to operators of vessels using hook-and-line gear for Pacific halibut in the IFQ and Community Development Quota (CDQ) management programs in waters from 0 nm to 200 nm; for IFQ sablefish in waters from 0 nm to 200 nm; and for groundfish in the EEZ.

This final rule reorganizes and revises Sec. 679.24(e)(3) and

Table 20 to part 679 to clarify existing regulatory text and to eliminate unnecessary seabird avoidance gear requirements for all hook- and-line vessels less than or equal to 55 ft (16.8 m) LOA fishing in

Area 4E, except in the southern portion of Area 4E as shown in Figure 1. Hook-and-line vessels fishing in the portion of Area 4E south of 60 degrees N latitude and west of 160 degrees W longitude continue to be required to use seabird avoidance measures.

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GRAPHIC

TIFF OMITTED TR27MR09.414

Figure 1. International Pacific Halibut Commission Regulatory Area 4E is shown as the striated area.

Notes: Hook-and-line vessels > 26 ft (7.9 m) LOA fishing in the shaded portion of the striated area are required to continue using seabird avoidance measures. In the striated area of Area 4E, vessels

> 26 ft (7.9 m) to 55 ft (16.8 m) are exempt from seabird avoidance measures, and vessels > 55 ft (16.8 m) continue to use seabird avoidance measures. Vessels 26 ft to 55 ft LOA and without masts, minimum of one buoy bag line poles, or rigging

>26 ft to 55 ft LOA and with masts,

minimum of a single streamer poles, or rigging

line of a standard specified at Sec. 679.24(e)(4)(ii)

>55 ft LOA

minimum of paired streamer lines of a standard specified at Sec. 679.24(e)(4)(iii)

If you operate a vessel deploying hook- then you must use this seabird and-line gear and use snap gear in

avoidance gear in conjunction waters specified at Sec.

with requirements at Sec. 679.24(e)(3), and your vessel is...

679.24(e)...

>26 ft to 55 ft LOA and without masts, minimum of one buoy bag line poles, or rigging

>26 ft to 55 ft LOA and with masts,

minimum of a single streamer poles, or rigging

line of a standard specified at Sec. 679.24(e)(4)(iv)

>55 ft LOA

minimum of a single streamer line of a standard specified at Sec. 679.24(e)(4)(iv)

If you operate any of the following

then... hook-and-line vessels...