Purpose and Need

The 1996 amendments to the Magnuson-Stevens Act require NMFS and regional Fishery Management Councils (Councils) to describe and identify essential fish habitat (EFH) within FMPs based on guidelines established by the Secretary, minimize to the extent practicable adverse effects on EFH caused by fishing, and identify other actions to encourage the conservation and enhancement of EFH. EFH is defined in the Magnuson-Stevens Act as “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.”

The regulations at 50 CFR 600.815(a)(8) provided guidance to Councils in identifying habitat areas of particular concern (HAPCs). HAPCs are areas within EFH that are of particular ecological importance to the long-term sustainability of managed species, are of a rare type, or are especially susceptible to degradation or development. HAPCs are meant to provide for greater focus of conservation and management efforts.

NMFS and the Council published a Draft Environmental Impact Statement (EIS) for EFH in January 2004. The Draft EIS evaluated three actions: describe and identify EFH, adopt an approach to identify HAPCs, and minimize to the extent practicable the adverse effects of fishing on EFH. The Council’s preliminary preferred alternative for HAPCs is to adopt a site-based approach for future HAPC designations. The Council took final action on the EFH EIS in February 2005.

The Council has set the priorities of seamounts and undisturbed coral beds outside of core fishing areas important as rockfish or other species habitat as priority sites for identification as HAPC and for additional conservation measures. Seamounts may have unique ecosystems, may contain endemic species, and may thus be sensitive to disturbance. Some deep-sea coral sites may provide important habitat for rockfish and other species and may be particularly sensitive to some fishing activities. The Council intended to evaluate alternatives to designate HAPC sites and take action, where practicable, to conserve these habitats from adverse effects of fishing.

Analysis

A 120-page EA, 124-page RIR, and 11-page IRFA was prepared for the alternatives that analyzed three separate actions:

1) HAPC designation and conservation of seamounts,

2) HAPC designation and conservation of hard coral areas in the GOA, and

3) HAPC designation and conservation of hard coral areas in the Aleutian Islands

The preferred alternative regarding seamounts was evaluated as insignificant under habitat and ecosystems. Several species of high relief coral have been documented for 5 seamounts and living abitats were inferred for the remaining 11 named seamounts.

The preferred alternative regarding corals in the Gulf of Alaska was evaluated as insignificant under habitat. 5 sites were scientifically investigated in situ using submersibles, and information on several sites came also from side scan sonar imagery. High relief coral had been documented in these areas and offer living structure habitat. A scientific review team chose these areas where high-relief living coral concentrations existed in contrast to areas that did not exhibit these concentrations.

The preferred alternative regarding corals in the Aleutian Islands was evaluated as insignificant under habitat. Bowers Ridge had not been thoroughly surveyed or investigated with direct submersible observations, so the effects of prohibiting mobile gear in this area are, for the most part, inferred beneficial. Because of the limited area impacted, the effects are likely insignificant

Regulation Summary

Amendment 65 and 78 superseded Amendment 55.

The Time and Area Restrictions description was revised to read as follows:

All trawl: Fishing with trawl vessels is not permitted year-round in the Crab and Halibut Protection Zone and the Pribilof Islands Habitat Conservation Area. The Nearshore Bristol Bay Trawl Closure area is also closed year-round except for a subarea that remains open between April 1 and June 15 each year. The Chum Salmon Savings Area is closed to trawling from August 1 through August 31.

Nonpelagic trawl: The Red King Crab Savings Area is closed to nonpelagic trawling yearround, except for a subarea that may be opened at the discretion of the Council and NMFS when a guideline harvest level for Bristol Bay red king crab has been established. The Aleutian Islands Habitat Conservation Area is closed to nonpelagic trawling year-round. 

Bottom contact gear: The use of bottom contact gear is prohibited in the Aleutian Islands Coral and Alaska Seamount Habitat Protection Areas year-round. The use of mobile bottom contact gear is prohibited year-round in Bowers Ridge Habitat Conservation Zone. 

Directed pollock fishery: Catcher/processor vessels identified in the American Fisheries Act are prohibited from engaging in directed fishing for pollock in the Catcher Vessel Operational Area during the non-roe (“B”) season unless they are participating in a community development quota fishery.

Marine mammal measures: Regulations implementing the FMP may include conservation measures that temporally and spatially limit fishing effort around areas important to marine mammals.

Gear test area exemption: Specific gear test areas for use when the fishing grounds are closed to that gear type, are established in regulations that implement the FMP.

Additionally, the amendments:

• Prohibited the use of nonpelagic trawl gear in the Aleutian Islands Habitat Conservation Area

• Prohibited the use of bottom contact gear in the Aleutian Islands Coral Habitat Protection Areas and Alaska Seamount Habitat Protection Areas

• Prohibited the use of mobile bottom contact gear in the Bowers Ridge Habitat Conservation Area

• Prohibited anchoring in the Aleutian Islands Coral and Alaska Seamount Habitat Protection Areas

Results

HAPCs have proven invaluable to promote the conservation and management objectives identified in the Magnuson-Stevens Act. With these provisions established through EFH and establishing HAPCs, the Council has the ability to ensure that appropriate conservation steps are taken to sustain vital ecosystems.

Later BSAI groundfish amendments furthered the Council’s habitat conservation objectives, such as  amendments 88, 89, 94, and 104.

Sibling Amendments