[Federal Register: January 11, 2006 (Volume 71, Number 7)]
[Rules and Regulations]
[Page 1698-1699]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja06-9]
[[Page 1698]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 051017269-6002-02; I.D. 100705C]
RIN 0648-AT54
Fisheries of the Exclusive Economic Zone Off Alaska; Cape
Sarichef Research Restriction Area Opening for the Groundfish Fisheries
of the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to open the Cape Sarichef Research
Restriction Area in the Bering Sea and Aleutian Islands Management Area
(BSAI) to directed fishing for groundfish using trawl, pot, and hook-
and-line gear from March 15, 2006, through March 31, 2006. Because
NMFS' Alaska Fisheries Science Center (AFSC) will not conduct research
in this area in 2006, closure of the Cape Sarichef Research Restriction
Area is not needed. This action is intended to relieve an unnecessary
restriction on groundfish fisheries and allow the optimum utilization
of fishery resources, in accordance with the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). This final rule
also will remove the regulations for the Cape Sarichef Research
Restriction Area, and regulations for the Chiniak Gully Research Area
because both research projects have ended.
DATES: Effective February 10, 2006.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared
for the original action closing the area, and dated November 2002, and
the Categorical Exclusion and the RIR prepared for this action, are
available from: NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori Durall; NMFS, Alaska Region, 709 West 9th Street, Room
420A, Juneau, AK; or the NMFS Alaska Region website at
http://www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Becky Carls, 907-586-7228 or
becky.carls@noaa.gov.
SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive
economic zone of the BSAI and Gulf of Alaska (GOA) are managed by NMFS
under the Fishery Management Plans (FMPs) for Groundfish of the BSAI
and Groundfish of the GOA. The FMPs were prepared by the North Pacific
Fishery Management Council (Council) under the Magnuson-Stevens Act, 16
U.S.C. 1801 et seq. Regulations governing U.S. fisheries and
implementing the FMPs appear at 50 CFR parts 600 and 679.
Background and Need for Action
The background and need for this action were described in the
preamble to the proposed rule published in the Federal Register on
October 26, 2005 (70 FR 61775). In summary, the final year of a
research project in the waters off Cape Sarichef will not be conducted
in 2006. Thus, the closure of the study area specified in Sec.
679.22(a)(11) for March 15-31, 2006, will not be needed. Maintaining
the closure would unnecessarily restrict the groundfish fisheries
because no research will be conducted in this area in 2006. Removing
the 2006 trawl, pot, and hook-and-line gear closure will allow vessels
participating in groundfish fisheries to harvest their total allowable
catch amounts without the operational constraints imposed by the
closure.
In addition, this regulatory amendment includes a housekeeping
measure that removes regulations for the Chiniak Gully Research Area
off Kodiak Island, which were applicable through December 31, 2004.
Regulatory Amendments
In Sec. 679.22, paragraphs (a)(11) and (b)(3) are removed. Also
removed is Figure 21 to part 679, which shows the Cape Sarichef
Research Restriction Area.
Response to Comments
The proposed rule for this action was published in the Federal
Register on October 26, 2005 (70 FR 61775). NMFS received two letters
of comment that contained four separate comments. The comments are
summarized and responded to below.
Comment 1: This research area should not be opened to more
overfishing.
Response: This action opens an area to fishing which otherwise
would be closed only two weeks in 2006 and does not change the amount
of fish authorized to be harvested. Currently, no Alaska groundfish
species are considered by NMFS to be overfished, and overfishing is not
occurring.
Comment 2: Birds are being killed by hook-and-line fishing.
Response: Hook-and-line fishing would be allowed in this area, but
this action would not change the total amount of fishing activity with
hook-and-line gear. Hook-and-line fishing must be done in compliance
with seabird avoidance regulations at 50 CFR 679.24(e) to reduce the
incidental take of seabirds.
Comment 3: NOAA must stop commercial fish profiteers from
overfishing. Overfishing causes the death of all marine life that needs
fish to survive, which is an assault on the environment.
Response: This action does not change the amount of fish that may
be harvested. None of the Alaska groundfish stocks are overfished or
experiencing overfishing. The groundfish fisheries off Alaska are
managed using science-based conservation and management practices. NMFS
limits the amount of fish that may be harvested in the groundfish
fisheries off Alaska by setting annual catch limits based on the best
scientific information available about each specific managed stock. In
the course of considering catch limits and regulatory changes, NMFS and
the Council consider a broad range of alternatives to address
biological, environmental, and economic concerns. This process also
includes an examination of the potential impacts of alternatives on
other marine resources and the environment. This action would result in
insignificant impacts on other marine animals as described in the EA/
RIR/IRFA prepared for the original action and dated November 2002 (see
ADDRESSES).
Comment 4: Thank you. With all the other closed areas we have
today, it's nice to have some areas back. Every little bit will help
with our rising fuel costs.
Response: NMFS notes this support.
Changes From the Proposed Rule
No changes are made in this final rule from the proposed rule.
Classification
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
[[Page 1699]]
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: January 6, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 679 is 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.; 1540(f); 1801 et seq.; 1851
note; 3631 et seq.
Sec. 679.22 [Amended]
0
2. In Sec. 679.22, remove and reserve paragraphs (a)(11) and (b)(3).
PART 679--[AMENDED]
0
3. In part 679, remove and reserve Figure 21 to Part 679--Cape Sarichef
Research Restriction Area (Applicable through March 31, 2006).
[FR Doc. 06-245 Filed 1-10-06; 8:45 am]
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