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15152 Federal Register / Vol. 71, No.

58 / Monday, March 27, 2006 / Proposed Rules

September 18 through November 30) , limit, and an open season of January 1 alternatives. For instance, in NY,
the preferred and no-action scup through December 31), impacted trips average losses are predicted to range
alternative, impacted trips were defined were defined as individual angler trips from $1,582 per vessel under the
as individual angler trips taken aboard taken aboard party/charter vessels in combined effects of Summer Flounder
party/charter vessels in 2005 that 2005 that landed at least 1 black sea Alternative 2, Scup Alternative 3, and
landed at least 1 scup smaller than 10 bass smaller than 11.5 inches (29.2 cm), Black Sea Bass Alternative 2, to $6,924
inches (25.4 cm), that landed more than or that landed more than 25 black sea per vessel under the combined effects of
50 scup, or that landed at least 1 scup bass. The analysis concluded that the the summer flounder precautionary
during the proposed closed seasons of measures would affect less than 0.1 default (considered in Summer
March 1 through September 17, and percent of party/charter vessel trips in Flounder Alternative 1), Scup
December 1 through December 31. The the NE. Alternative 2, and Black Sea Bass
analysis concluded that the measures For the non-preferred Black Sea Bass Alternative 3, assuming a 25–percent
would affect 1.2 percent of party/charter Alternative 3 (a 12.5–inch (31.8–cm) reduction in effort, as described above).
vessel trips in the NE. minimum size, a 25–fish possession There are no new reporting or
For the non-preferred Scup limit, and an open season of January 1 recordkeeping requirements contained
Alternative 2 (a 10–inch (25.4–cm) through December 31), impacted trips in any of the alternatives considered for
minimum fish size, a 50–fish possession were defined as individual angler trips this action.
limit, and open seasons of January 1 taken aboard party/charter vessels in
Dated: March 22, 2006.
through February 28, and September 18 2005 that landed at least 1 black sea
through September 30), impacted trips bass smaller than 12.5 inches (31.8 cm), James W. Balsiger,
are defined as individual angler trips or that landed more than 25 black sea Acting Deputy Assistant Administrator for
taken aboard party/charter vessels in bass. The analysis concluded that the Regulatory Programs, National Marine
Fisheries Service.
2005 that landed at least 1 scup smaller measures would affect 0.2 percent of
than 10 inches (25.4 cm), that landed party/charter trips in the NE. [FR Doc. E6–4403 Filed 3–24–06; 8:45 am]
more than 50 scup, or that landed at BILLING CODE 3510–22–S
Combined Impacts of Summer
least 1 scup during the periods of March
Flounder, Scup, and Black Sea Bass
1 through September 17, and October 1
Alternatives DEPARTMENT OF COMMERCE
through December 31. The analysis
concluded that the measures would Since the management measures
under Summer Flounder Alternative 1 National Oceanic and Atmospheric
affect 2 percent of party/charter vessel
(i.e., conservation equivalency) have yet Administration
trips in the NE.
For the non-preferred Scup to be adopted, the effort effects of this
Alternative 3 (a 10–inch (25.4–cm) alternative could not be analyzed in 50 CFR Part 679
minimum fish size, a 50–fish possession conjunction with the alternatives [Docket No. 060307059–6059–01; I.D.
limit, and open seasons of January 1 proposed for scup and black sea bass. 030106B]
through February 28, and September 3 The percent of total party/charter vessel
RIN 0648–AU15
through November 30), impacted trips trips in the NE that were estimated to be
are defined as individual angler trips affected by the other alternatives ranged Fisheries of the Exclusive Economic
taken aboard party/charter vessels in from a low of 1.9 percent for the Zone Off Alaska; Seasonal Closure of
2005 that landed at least 1 scup smaller combination of measures proposed Chiniak Gully in the Gulf of Alaska to
than 10 inches (25.4 cm), that landed under Summer Flounder Alternative 2, Trawl Fishing
more than 50 scup, or that landed at Scup Alternative 3, and Black Sea Bass
least 1 scup during the period March 1 Alternative 2; to a high of 7 percent for AGENCY: National Marine Fisheries
through September 2, and December 1 the precautionary default measures for Service (NMFS), National Oceanic and
through December 31. The analysis summer flounder (considered in Atmospheric Administration (NOAA),
concluded that the measures in this Summer Flounder Alternative 1) Commerce.
alternative would affect 0.9 percent of combined with the measures proposed ACTION: Proposed rule; request for
party/charter vessel trips in the NE. under Scup Alternative 2 and Black Sea comments.
Bass Alternative 3.
Impacts of Black Sea Bass Alternatives Potential revenue losses in 2006 could SUMMARY: NMFS proposes to close the
The proposed action for black sea bass differ for party/charter vessels that land Chiniak Gully region on the east side of
would limit coastwide landings to 3.99 more than one of the regulated species. Kodiak Island in the Gulf of Alaska
million lb (1,810 mt). For the Black Sea The cumulative maximum gross (GOA) to all commercial trawl fishing
Bass Alternative 1 (a 12–inch (30.5–cm) revenue loss per vessel varies by the and testing of trawl gear from August 1
minimum size, a 25–fish possession combination of permits held and by to a date no later than September 20
limit, and an open season of January 1 state. All 18 potential combinations of from 2006 through 2010. NMFS plans to
through December 31), the preferred and management alternatives for summer conduct controlled experiments on the
no-action alternative, impacted trips flounder, scup, and black sea bass are effects of commercial fishing on pollock
were defined as individual angler trips predicted to affect party/charter vessel distribution and abundance, as part of a
taken aboard party/charter vessels in revenues to some extent in all of the NE comprehensive investigation of Steller
2005 that landed at least 1 black sea coastal states. Although potential losses sea lion (SSL) and commercial fishery
bass smaller than 12 inches (30.5 cm), were estimated for party/charter vessels interactions. This action is needed to
or that landed more than 25 black sea operating out of ME and NH, these support the proposed experimental
sroberts on PROD1PC70 with PROPOSALS

bass. The analysis concluded that the results are suppressed for design by prohibiting commercial trawl
measures would affect 0.1 percent of confidentiality purposes. Average party/ fishing in the control site of Chiniak
party/charter vessel trips in the NE. charter losses for federally permitted Gully. The proposed research could
For the non-preferred Black Sea Bass vessels operating in the remaining states improve information on pollock
Alternative 2 (an 11.5–inch (29.2–cm) are estimated to vary considerably movements and on the potential
minimum size, a 25–fish possession across the 18 combinations of impacts of commercial pollock harvests

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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Proposed Rules 15153

on prey availability to SSLs. This action experiment would not be conducted Gully in 2001, 2002, and 2004. These
is intended to improve information used that year or that the experiment has experiments were accompanied by
to evaluate fishery management actions been concluded prior to September 20. regulatory closures. The closures were
to protect SSLs and their designated The experiment is likely to be established by emergency interim rules
critical habitat. conducted only in three of the years in 2001 (66 FR 37167, July 17, 2001) and
DATES: Comments on this proposed rule from 2006 through 2010. in 2002 (67 FR 956, January 8, 2002);
must be received by April 26, 2006. Pollock is an important prey species and in a final rule published in 2003 (68
ADDRESSES: Send written comments to
for SSLs. Pollock also is one of the most FR 204, January 2, 2003). The closure
Sue Salveson, Assistant Regional abundant groundfish species in the established by the final rule expired on
Administrator, Sustainable Fisheries GOA and supports the largest fishery in December 31, 2004.
Division, Alaska Region, NMFS, Attn: waters off the coast of Alaska. This Results from 2002 were not used
Records Officer. Comments may be action is needed to facilitate research because commercial removals from
conducted by NMFS to determine Barnabus Gully were negligible (about
submitted by:
• Hand delivery: 709 West 9th Street, whether commercial trawl fishing 300 mt). Sufficient commercial removals
Room 420A, Juneau, AK. results in localized depletion or (2,000 to 3,000 mt) occurred in 2001 and
• E-mail: 0648–au15–Chiniak- disturbance of walleye pollock. The 2004, but the results are equivocal.
Gully@noaa.gov. Include in the subject research is part of a comprehensive Results from 2001 do not suggest a
line the following document identifier: investigation of sea lion and commercial significant link between fishing
Chiniak Gully RIN 0648-AU15. E-mail fishery interactions. The goal of the activities and changes in pollock
comments, with or without attachments, experiment is to identify and quantify distribution and biomass. Results from
are limited to 5 megabytes. the effects of commercial trawl fishing 2004, however, do suggest a link
• Webform at the Federal eRulemaking on the availability of pollock to SSLs between fishing activities and pollock
Portal: www.regulations.gov. Follow the within a finite area. Information biomass.
instructions at that site for submitting obtained from the experiment may More field work is needed to reach a
comments. result in a better understanding of conclusion about the effects of
• Fax: 907–586–7557. fisheries impacts on pollock as SSL prey commercial trawl fishing on pollock
• Mail: P.O. Box 21668, Juneau, AK and may assist in the evaluation of distribution and abundance. Multiple
99802–1668. current fishery management measures to years of study are necessary to
Copies of the environmental protect SSLs and their critical habitat. determine why similar commercial
assessment/regulatory impact review/ The experiment would be conducted removals resulted in an effect in some
initial regulatory flexibility analysis on the east side of Kodiak Island in the years but not in others.
(EA/RIR/IRFA) prepared for this action Chiniak and Barnabus gullies. These The portion of the Kodiak Trawl Gear
are available from NMFS at the above gullies were chosen because they are Test Area that lies within the proposed
address or from the NMFS Alaska adjacent, they have similar Chiniak Gully Research Area also would
Region website at www.fakr.noaa.gov. topographical features, and commercial be closed during the experimental
pollock fisheries occur in both gullies. period. This closure is necessary to
FOR FURTHER INFORMATION CONTACT:
Barnabas Gully would serve as a eliminate as many anthropogenic effects
Becky Carls, 907–586–7228 or
treatment site where trawl fishing on pollock as possible at the control
becky.carls@noaa.gov.
would be allowed, and Chiniak Gully site. Fishermen may test their trawl gear
SUPPLEMENTARY INFORMATION: The would serve as a control site where in other nearby locations during the
groundfish fisheries in the exclusive trawl fishing would be prohibited. closure period.
economic zone of the GOA are managed The fishery interaction experiment
by NMFS under the Fishery would occur from August to mid- Proposed Changes to Regulations
Management Plan (FMP) for Groundfish September. This period was chosen In § 679.22, NMFS proposes to revise
of the GOA. The FMP was prepared by because post-weaning SSL juveniles paragraph (b)(6) to describe the area of
the North Pacific Fishery Management (one-year-olds) are considered the proposed closure, to identify the
Council (Council) under the Magnuson- vulnerable to nutritional stress in late vessels subject to the proposed closure,
Stevens Fishery Conservation and summer due to their high caloric needs to identify the activities that would be
Management Act (Magnuson-Stevens and their inexperience at capturing prohibited, and to specify the dates of
Act), 16 U.S.C. 1801 et seq. Regulations prey. Also, fishery management the proposed closure. The procedure for
governing U.S. fisheries and regulations specify an August opening rescinding the proposed closure when
implementing the FMP appear at 50 for the area(s commercial pollock the relevant research activities have
CFR parts 600 and 679. fishery, which would coincide with the been completed for a particular year or
experiment. will not be conducted that year also
Background and Need for Action This experimental design allows would be included in § 679.22(b)(6). A
NMFS proposes to conduct a analysts to differentiate responses due map showing the Chiniak Gully
controlled experiment to improve the to fishing from responses due to natural Research Area in relation to the Kodiak
information available to evaluate variability because Chiniak Gully and Trawl Gear Test Area also would be
management actions to protect SSLs and Barnabus Gully are reasonably similar added as Figure 22 to part 679.
their designated critical habitat. The and geographically proximate. Without
proposed action would close the control a control provided by a Chiniak Gully Classification
site of Chiniak Gully to commercial closure, changes in pollock abundance, NMFS has determined that the
trawling, including the testing of trawl depth, or school characteristics from proposed rule is consistent with the
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gear, between August 1 and a date no fishing or natural causes could not be FMP and determined that the rule is
later than September 20 from 2006 determined. Thus, the proposed closure consistent with the Magnuson-Stevens
through 2010. To minimize impacts on is essential to the success of the Act and other applicable laws.
the fishing industry, the area would be experiment. This proposed rule has been
open to trawl fishing when the Regional NMFS conducted pollock fishery determined to be not significant for
Administrator determines that the interaction experiments in Chiniak purposes of Executive Order 12866.

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15154 Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Proposed Rules

NMFS prepared an initial regulatory revenues from the Chiniak Gully area Alternative 1, no regulatory change,
flexibility analysis (IRFA) as required by overstates the impact of the proposed would have no direct impact on small
section 603 of the Regulatory Flexibility action because fishing operations in entities. However, it would make it
Act (RFA). The IRFA describes the Chiniak Gully have the ability to fish in impossible for NMFS to conduct a
economic impact this proposed rule, if other areas around Kodiak Island during controlled experiment off Kodiak Island.
adopted, would have on small entities. this period. Also, because the three stat Therefore, NMFS would be prevented
A description of the action, the reasons areas encompass an area larger than the from obtaining information that may be
why it is being considered, a statement Chiniak Gully closure area, basing the used to further evaluate management
of the objectives of, and the legal basis impact on revenues from the three stat actions to protect SSLs and their
for, this action are contained at the areas overestimates the potential loss of designated critical habitat. Because of
beginning of this section in the revenue caused by the proposed closure. this, Alternative 1 would not meet the
preamble and in the SUMMARY section of Opening the experimental area after objectives of this action.
the preamble. A summary of the research is concluded for a year would As part of the IRFA analysis,
analysis follows. A copy of this analysis further reduce the potential loss. consultation with two fishing industry
is available from NMFS (see Anecdotal information from industry groups representing about 80% of the
ADDRESSES). The experiment itself is not representatives suggests that fishermen small entity vessels that trawled for
expected to have effects on small displaced from the Chiniak Gully area groundfish in Chiniak Gully during the
entities or the fishery beyond those would likely fish in other areas and be proposed closure period, indicated that
caused by the closure. able to make up significant portions of impacts on small entities would be
The regulated entities are the any lost revenues. Although minimized by including a provision to
commercial fishing entities that operate displacement to other areas would relieve the trawl restrictions when the
vessels with the capability or potential involve increased operating costs, experiment is concluded for a particular
capability to trawl that may participate particularly for fuel, costs of the action year rather than continuing the closure
in the GOA trawl groundfish fisheries. to fishermen would still remain below automatically until September 20. This
Any of these vessels may trawl for 2.7 percent of gross revenues. provision was included in Alternative 2,
groundfish in the Chiniak Gully area. In Fishermen displaced from the Chiniak the proposed action.
a more precise sense, however, the Gully area may move to other fishing
regulated entities are the fishing entities areas and potentially create crowding List of Subjects in 50 CFR Part 679
that are likely to fish in Chiniak Gully externalities in those areas. However, Alaska, Fisheries, Reporting and
in the absence of the proposed action. because the Chiniak Gully fishery is a recordkeeping requirements.
This group may be approximated by the modest part of the overall regional trawl
Dated: March 21, 2006.
number of vessels that reported fishing fisheries (accounting for an average of
in this area during August and 15.8 percent of gross GOA revenues in James W. Balsiger,
September in recent years. August and September from 1999 to Acting Deputy Assistant Administrator for
In 2005, 93 vessels trawled for 2005), the impact caused by Regulatory Programs, National Marine
groundfish in the GOA. Of these, 77 displacement is not expected to be large. Fisheries Service.
were catcher vessels, and 16 were Moreover, data from previous years For the reasons set out in the
catcher/processors. All of the catcher when Chiniak Gully was closed suggest preamble, 50 CFR part 679 is proposed
vessels are estimated to be small, as that some effort will continue in areas to be amended as follows:
defined by the Small Business near the closure.
Administration (total annual gross This proposed regulation does not PART 679—FISHERIES OF THE
receipts under $4.0 million), while three impose new recordkeeping or reporting EXCLUSIVE ECONOMIC ZONE OFF
of the catcher/processors are assumed to requirements on the directly regulated ALASKA
be small. Fewer vessels reported fishing small entities. 1. The authority citation for part 679
within Chiniak Gully than in the entire This proposed action does not continues to read as follows:
GOA. From 1999 through 2005, 49 duplicate, overlap, or conflict with other
unique vessels fished at least once in at Federal rules. Authority: 16 U.S.C. 773 et seq.; 1540(f);
The IRFA analyzed the ‘‘no action’’ 1801 et seq.; 1851 note; 3631 et seq.
least one of the three Alaska Department
of Fish and Game groundfish/shellfish alternative and the proposed action. An 2. In § 679.22, revise paragraph (b)(6)
statistical areas (stat areas) that include additional alternative that would to read as follows:
the proposed Chiniak Gully closure, exempt small entities from the proposed
during August 1 through September 20. time and area closures was considered § 679.22 Closures.
In 2005, 16 vessels fished in at least one by NMFS, but rejected. The entities * * * * *
of the three stat areas during this time fishing in this area during August and (b) * * *
period. The count of 49 vessels may September are all small. Exempting (6) Chiniak Gully Research Area
serve as an alternative estimate of the small entities from the closure would (applicable through December 31, 2010).
number of small entities that may be result in trawl fishing in the control area (i) Description of Chiniak Gully
directly regulated by this action. of Chiniak Gully. For the experiment to Research Area. The Chiniak Gully
This action is expected to have a yield usable results, there should be no Research Area, as shown in Figure 22 to
small adverse impact on the cash flow trawl fishing activity in Chiniak Gully to this part, is defined as the waters
or profitability of these 49 trawl vessels. enable comparison with Barnabus bounded by straight lines connecting
From 1999 through 2005, during the Gully, where trawl fishing will occur. A the coordinates in the order listed:
proposed closure period of August 1 small entity exemption would 57° 48.60 N lat., 152° 22.20 W long.;
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through September 20, average revenues undermine the intent of the action to 57° 48.60 N lat., 151° 51.00 W long.;
from fishing in the three stat areas that allow a controlled experiment to assess
include Chiniak Gully were about 2.7 the effects of trawl fishing on the 57° 13.20 N lat., 150° 38.40 W long.;
percent of the average annual fishing availability of prey for SSLs, and would, 56° 58.80 N lat., 151° 16.20 W long.;
revenues of about $14.8 million for thus, not meet the objectives of this 57° 37.20 N lat., 152° 09.60 W long.; and
these 49 vessels. The percent of action. hence counterclockwise along the

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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Proposed Rules 15155

shoreline of Kodiak Island to 57° 48.60 time from August 1 through September Chiniak Gully Research Area trawl
N lat., 152° 22.20 W long. 20. closure, described in paragraph (b)(6)(i)
(B) If the Regional Administrator of this section, for that year.
(ii) Closure. (A) No vessel named on
makes a determination that the relevant
a Federal fisheries permit issued 3. In part 679, add Figure 22 to Part
research activities have been completed
pursuant to (679.4(b) shall deploy trawl 679—Chiniak Gully Research Area
for a particular year or will not be
gear for purposes of either fishing, or of conducted that year, the Regional (applicable through December 31, 2010)
testing gear under (679.24(d)(2), within Administrator shall publish notification to read as follows:
the Chiniak Gully Research Area at any in the Federal Register rescinding the BILLING CODE 3510–22–S
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15156 Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Proposed Rules
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[FR Doc. 06–2928 Filed 3–24–06; 8:45 am]


EP27MR06.026</GPH>

BILLING CODE 3510–22–C

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