Chapter 11 — Species of Special Concern 



closure in Federal waters from 3 to 12 miles offshore 

 of Cape Peirce and the Walrus Islands. 



As noted in previous Annual Reports, the Com- 

 mission commented to the Service on the Council's 

 recommended action on 13 September 1989. In its 

 comments, the Commission supported a larger closure 

 alternative that included waters north of a line be- 

 tween Capes Peirce and Constantine. The alternative 

 appeared preferable because it avoided the possible 

 creation of a concentrated ring of noise from vessels 

 fishing the perimeter a 12-mile closed area. In 

 addition, fishery studies indicated northern Bristol Bay 

 was a concentration area for spawning sole during the 

 summer, and the larger closure could therefore 

 enhance conservation of yellowfin sole stocks. 



The Commission also noted that, while the pro- 

 posed measure prohibited yellowfin sole fishing in 

 waters beyond three miles from shore under Federal 

 jurisdiction, it did not address fishing restrictions 

 within three miles of shore in State waters. There- 

 fore, the Cormnission noted the need to consider 

 comparable regulatory action in State waters. Also, 

 because of uncertainty as to the cause of the declines, 

 the Commission recommended that research and 

 monitoring studies be undertaken to assess the effects 

 of vessel-related noise on walruses around the haul- 

 outs and to evaluate the effectiveness of the measure. 



Late in 1989, the Service adopted the Council's 

 recommendation and closed waters between 3 and 12 

 miles off Round Island, Cape Peirce, and the Twins 

 Islands for the 1990 and 1991 fishing seasons. Also, 

 the Alaska Department of Fish and Game again 

 strengthened vessel access restrictions off Round 

 Island by expanding the controlled access zone out to 

 three miles. Comparable measures, however, were 

 not taken for nearshore waters off Cape Peirce or the 

 Twins Islands. Also in 1989, the Fish and Wildlife 

 Service initiated a study to test the feasibility of 

 assessing noise characteristics around walrus haulouts 

 at Round Island and Cape Peirce. 



In 1990, the Fish and Wildlife Service asked the 

 Commission to review a draft fishery management 

 plan for the Togiak National Wildlife Refuge, which 

 includes Cape Peirce. While the refuge boundaries 

 include waters within three miles of the Cape Peirce 



walrus haulouts, jurisdiction over that area remains 

 imder State management authority under an agreement 

 reached when the refuge was established. To address 

 management needs in coastal waters of the refuge, a 

 Memorandum of Agreement between the Service and 

 the State of Alaska calls for cooperative management 

 and for the Service to recommend needed measures to 

 the State. The draft fisheries management plan did 

 not include provisions to close waters to yellowfin 

 sole fishing within three miles of walrus haulouts in 

 the refuge. 



Therefore, on 20 February 1990, the Commission 

 wrote to the Service noting the need to pursue mea- 

 sures in nearshore waters off Cape Peirce that would 

 complement the protective measures adopted by the 

 National Marine Fisheries Service for waters 3 to 12 

 miles off walrus haulouts. In its 27 July reply, the 

 Service noted that it did not consider the matter a 

 fishery management issue and that it had provided the 

 recommendation to a refuge public use planning 

 group. By letter of 22 August, the Commission asked 

 the Service what actions had been or would be taken 

 by that group. 



The Service replied on 4 October 1990, noting that 

 it would work with the State and others to support 

 regulations on marine mammals. However, the 

 Service did not indicate what actions would be taken 

 to resolve inconsistencies between Federal and State 

 provisions around walrus haulouts. The Service also 

 noted that its preliminary research on noise levels near 

 Round Island in 1989 did not produce useful results 

 because of unreliable equipment, and that studies in 

 1990 would be limited to counts of walrus at haulouts 

 because no fishing was planned in northern Bristol 

 Bay that year. 



On 8 March 1991, the Commission again asked 

 the Service what actions had been or would be taken 

 to address inconsistencies in Federal and State regula- 

 tions. The Service's 20 March 1991 reply offered no 

 further information on this point. As of the end of 

 1991, the Commission was aware of no actions taken 

 by the Service to address the Commission's recom- 

 mendations, and regulations within State waters 

 around Cape PeLrce and the Twins Islands remained 

 inconsistent with Federal regulations throughout the 

 two-year closure. The Service's 20 March letter did. 



39 



