[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13491]


[[Page Unknown]]

[Federal Register: June 3, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 675

[Docket No. 900833-1095; I.D. 052694E]

 

Groundfish of the Gulf of Alaska; Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Pacific halibut and red king crab bycatch rate standards; 
request for comments.

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SUMMARY: NMFS announces Pacific halibut and red king crab bycatch rate 
standards for the second half of 1994. Publication of these bycatch 
rate standards is necessary under regulations implementing the vessel 
incentive program. This action is necessary to implement the bycatch 
rate standards that must be met by individual trawl vessel operators 
who participate in the Alaska groundfish trawl fisheries under the 
incentive program. The intent of this action is to reduce prohibited 
species bycatch rates and promote conservation of groundfish and other 
fishery resources.

DATES: Effective 12:01 a.m., Alaska local time (A.l.t.), July 1, 1994, 
through 12 midnight, A.l.t., December 31, 1994. Comments on this action 
must be received at the following address no later than 4:30 p.m., 
A.l.t., June 30, 1994.

ADDRESSES: Comments should be mailed to Ronald J. Berg, Chief, 
Fisheries Management Division, NMFS, P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori Gravel; or be delivered to 709 West 9th Street, 
Federal Building, room 401, Juneau, AK.

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, Fisheries 
Management Division, Alaska Region, NMFS, 907-586-7228.

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) and Gulf of Alaska (GOA) are managed by the 
Secretary of Commerce according to the Fishery Management Plan (FMP) 
for the Groundfish Fishery of the BSAI and the FMP for Groundfish of 
the GOA. The FMPs were prepared by the North Pacific Fishery Management 
Council (Council) under the authority of the Magnuson Fishery 
Conservation and Management Act. The FMPs are implemented by 
regulations for the U.S. fisheries at 50 CFR parts 672 and 675. General 
regulations that also pertain to the U.S. fisheries appear at 50 CFR 
part 620.
    Regulations at Secs. 672.26 and 675.26 implement a vessel incentive 
program to reduce halibut and red king crab bycatch rates in the 
groundfish trawl fisheries. Under the incentive program, operators of 
trawl vessels must comply with Pacific halibut bycatch rate standards 
specified for the BSAI and GOA midwater pollock and ``other trawl'' 
fisheries, and the BSAI yellowfin sole and ``bottom pollock'' 
fisheries. Vessel operators also must comply with red king crab bycatch 
standards specified for the BSAI yellowfin sole and ``other trawl'' 
fisheries in Bycatch Limitation Zone 1 (defined in Sec. 675.2). The 
fisheries included under the incentive program are defined in 
regulations at Secs. 672.26(b) and 675.26(b).
    Regulations at Secs. 672.26(c) and 675.26(c) require that halibut 
and red crab bycatch rate standards for each fishery monitored under 
the incentive program be published in the Federal Register. Any vessel 
operator whose monthly bycatch rate exceeds the bycatch rate standard 
is in violation of the regulations implementing the incentive program. 
The standards are in effect for specified seasons within the 6-month 
periods of January 1 through June 30, and July 1 through December 31. 
For purposes of calculating vessel bycatch rates under the incentive 
program, the periods specified as 1994 fishing months were published in 
the Federal Register on December 15, 1993 (58 FR 65556).
    Halibut and red king crab bycatch rate standards for the first half 
of 1994 also were published in the Federal Register on December 15, 
1993. At its April 1994 meeting, the Council recommended bycatch rate 
standards for the second half of 1994. These standards are set forth in 
Table 1. As required by Secs. 672.26(c) and 675.26(c), the Council's 
recommended bycatch rate standards for July 1 through December 31 are 
based on the following information and considerations:
    1. Previous years' average observed bycatch rates;
    2. Immediately preceding season's average observed bycatch rates;
    3. The bycatch allowances and associated fishery closures specified 
under Secs. 672.20(f) and 675.21;
    4. Anticipated groundfish harvests;
    5. Anticipated seasonal distribution of fishing effort for 
groundfish; and
    6. Other information and criteria deemed relevant by the Director 
of the Alaska Region, NMFS (Regional Director).

Bycatch Rate Standards for Pacific Halibut

    With the exception of the GOA ``other trawl'' fishery, the 
Council's recommended halibut bycatch rate standards for the 1994 trawl 
fisheries are unchanged from those implemented in 1993. The recommended 
1994 standards are based largely on anticipated seasonal fishing effort 
for groundfish species and 1991-1994 halibut bycatch rates observed in 
specified trawl fisheries. Council deliberations on seasonal bycatch 
rate standards assumed that directed fishing for Pacific cod by vessels 
using trawl gear would be closed prior to July 1 (59 FR 24361, May 11, 
1994). Council deliberations also considered the August 15 opening date 
of the 1994 Bering Sea pollock 'B' season (Sec. 675.23(e)).
    The recommended halibut bycatch rate standards for the BSAI 
yellowfin sole and ``bottom pollock'' fisheries approximate the average 
annual rates observed on trawl vessels participating in these fisheries 
during the past 3 years (5 kg halibut/metric ton (mt) of groundfish).
    The halibut bycatch rate standard recommended for the BSAI and GOA 
midwater pollock fisheries (1 kg halibut/mt of groundfish) is higher 
than the bycatch rates normally experienced by vessels participating in 
these fisheries. The recommended standard is intended to encourage 
vessel operators to maintain off-bottom trawl operations and limit 
further bycatch of halibut in the pollock fishery when halibut bycatch 
restrictions at Secs. 672.20(f) and 675.21(c)(1) prohibit directed 
fishing for pollock by vessels using non-pelagic trawl gear.
    The Council's recommended halibut bycatch rate standards for the 
BSAI ``other trawl'' fisheries (30 kg halibut/mt groundfish) is 
unchanged from 1992 and 1993. The Council recommended a 40 kg halibut/
mt of groundfish bycatch rate standard for the GOA ``other trawl'' 
fishery. This bycatch rate standard was established for the first half 
of 1994, but is a 20 percent reduction from the standard implemented 
for this fishery during 1992 and 1993 (50 kg halibut/mt groundfish). 
The Council's action on the 1994 bycatch rate standard for the GOA 
``other trawl'' fishery was intended to continue, to support other 
management measures implemented under an emergency interim rule (59 FR 
6222, February 10, 1994) that was extended through August 9, 1994 (59 
FR 24965, May 13, 1994). A proposed rule to implement these measures 
after the emergency interim rule expires was published May 4, 1994 (59 
FR 23044). The interim management measures include: (1) The 
apportionment of the GOA trawl halibut bycatch limit between ``shallow 
water'' and ``deep water'' trawl fisheries, and (2) adjustment of 
directed fishing standards to change the way retainable bycatch amounts 
of groundfish species are calculated.
    The bycatch rate standards recommended for the GOA and BSAI ``other 
trawl'' fisheries are based on the Council's intent to simplify the GOA 
and BSAI incentive program by specifying a single bycatch rate standard 
for the aggregate trawl fisheries that are not assigned fishery-
specific bycatch rate standards under the incentive program, yet 
maintain the Council's objective of reducing overall halibut bycatch 
rates in the Alaska groundfish trawl fisheries. Observer data collected 
from the 1993 GOA ``other trawl'' fishery show third and fourth quarter 
halibut bycatch rates of 34 and 38 kg halibut/mt of groundfish, 
respectively. The first quarter rate from 1994 was lower, at 11 kg 
halibut/mt of groundfish. Observer data collected from the 1993 BSAI 
``other trawl'' fishery show third and fourth quarter halibut bycatch 
rates of 5 and 4 kg halibut/mt of groundfish, respectively. The average 
first quarter rate from the 1994 BSAI ``other trawl'' fishery was 9 kg 
halibut/mt groundfish. The average bycatch rates experienced by vessels 
participating in the GOA and BSAI ``other trawl'' fisheries are lower 
than the Council's recommended bycatch rate standards for these 
fisheries. However, the Council determined that its recommended halibut 
bycatch rate standards for the ``other trawl'' fisheries would continue 
to provide an incentive to vessel operators to avoid unusually high 
bycatch rates while participating in these fisheries and contribute 
towards an overall reduction in halibut bycatch rates experienced in 
the Alaska trawl fisheries.

Bycatch Rate Standards for Red King Crab

    The Council's recommended red king crab bycatch rate standard for 
the yellowfin sole and ``other trawl'' fisheries in Zone 1 of the 
Bering Sea subarea is 2.5 crab/mt of groundfish during the second half 
of 1994. This standard is the same as that recommended for 1992 and 
1993 and for the first half of 1994. The justification for this 
standard is discussed in the December 15, 1993, publication of bycatch 
rate standards for the first half of 1994.
    Vessels are not anticipated to participate in either the yellowfin 
sole or ``other trawl'' fisheries in Zone 1 during the second half of 
1994 because of fishery closures. Directed fishing for yellowfin sole 
in Zone 1 by vessels using trawl gear is closed for the remainder of 
1994 because the Zone 1 C. bairdi Tanner crab bycatch allowance 
specified for this fishery has been reached (59 FR 26145, May 19, 
1994). Directed fishing for groundfish species included in the ``other 
trawl'' fishery (defined at Sec. 675.26(b)(4)) also is prohibited in 
Zone 1 because of halibut, red king crab, or C. bairdi Tanner crab 
bycatch restrictions (rockfish, Greenland turbot, sablefish, arrowtooth 
flounder (59 FR 7656, February 16, 1994); rock sole and other flatfish 
(59 FR 10082, March 3, 1994); and Pacific cod (59 FR 23461, May 11, 
1994)). Nonetheless, NMFS is publishing a red king crab bycatch rate 
standard for the ``other trawl'' fishery in Zone 1 consistent with 
regulations at Sec. 675.26(c).
    The Regional Director has determined that Council recommendations 
for bycatch rate standards are appropriately based on the information 
and considerations necessary for such determinations under 
Secs. 672.26(c) and 675.26(c). Therefore, the Regional Director concurs 
with the Council's determinations and recommendations for halibut and 
red king crab bycatch rate standards for the second half of 1994 as set 
forth in Table 1. These bycatch rate standards may be revised and 
published in the Federal Register when deemed appropriate by the 
Regional Director, pending his consideration of the information set 
forth at Secs. 672.26(c)(2)(v) and 675.26(c)(2)(v).

Classification

    This action is taken under 50 CFR 672.26 and 675.26.
    This action is exempt from OMB review under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 27, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.

  Table 1.--Bycatch Rate Standards, by Fishery, for the Second Half of  
  1994 for Purposes of the Vessel Incentive Program in the BSAI and GOA 
------------------------------------------------------------------------
                                                           1994 bycatch 
                                                           rate standard
                                                            during the  
                        Fishery                           period of July
                                                             1 through  
                                                            December 31 
------------------------------------------------------------------------
Halibut bycatch as kg of halibut/mt of allocated                        
 groundfish catch:                                                      
    BSAI Midwater pollock...............................             1.0
    BSAI Bottom pollock.................................             5.0
    BSAI Yellowfin sole.................................             5.0
    BSAI Other trawl....................................            30.0
    GOA Midwater pollock................................             1.0
    GOA Other trawl.....................................            40.0
Zone 1 red king crab bycatch rates (number of crab/mt of                
 allocated groundfish):                                                 
    BSAI yellowfin sole.................................             2.5
    BSAI Other trawl....................................            2.5 
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[FR Doc. 94-13491 Filed 5-31-94; 9:42 am]
BILLING CODE 3510-22-P