[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-18229] [[Page Unknown]] [Federal Register: July 27, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 672 and 675 [Docket No. 940413-4199; I.D. 032394C] RIN 0648-AG59 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: Final rule; final 1994 specification of Pacific halibut bycatch allowances. ----------------------------------------------------------------------- SUMMARY: NMFS implements regulations for several management measures to prevent certain Gulf of Alaska (GOA) trawl fisheries from taking an unnecessarily large share of the GOA halibut bycatch limit; amend the directed fishing standards to prohibit using retained amounts of arrowtooth flounder, or groundfish species that are closed to directed fishing, as a basis for calculating retainable amounts of other, more valuable groundfish species that are closed to directed fishing; change the opening date of the yellowfin sole and ``other flatfish'' fisheries in the Bering Sea and Aleutian Islands management area (BSAI) from May 1 to January 1; and implement changes pertaining to the annual specification and management of GOA halibut prohibited species catch (PSC) limits. This action is necessary to reduce the likelihood that one sector of the Alaska trawl fleet will preempt others for a share of the Pacific halibut bycatch limit established for vessels using trawl gear in the GOA, and provide greater opportunity to harvest available groundfish under halibut bycatch restrictions in both the GOA and BSAI fisheries. This action is intended to further the objectives of the fishery management plans for the groundfish fisheries off Alaska. EFFECTIVE DATE: August 9, 1994. ADDRESSES: Individual copies of the environmental assessment/regulatory impact review (EA/RIR) prepared for this action may be obtained from the Fisheries Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668. FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228. SUPPLEMENTARY INFORMATION: Background The domestic groundfish fisheries in the exclusive economic zone (EEZ) of the GOA and the BSAI are managed by the Secretary of Commerce in accordance with the Fishery Management Plan (FMP) for Groundfish of the GOA and the FMP for the Groundfish Fishery of the BSAI. The FMPs were prepared by the North Pacific Fishery Management Council (Council) under the Magnuson Fishery Conservation and Management Act (Magnuson Act). Regulations authorized under the FMP that pertain to the U.S. groundfish fisheries appear at 50 CFR parts 672 and 675. Existing regulations provide a framework process for the annual specification of GOA halibut PSC limits for trawl and fixed gear fisheries and for apportioning these limits by season. Although these regulations limit the bycatch of Pacific halibut in the GOA groundfish trawl fisheries, they have resulted in conflict among and preemption of groundfish trawling operations in the GOA as different trawl fishery components compete for shares of the available halibut PSC limit. This results in the attainment of the halibut bycatch cap before some groundfish Total Allowable Catch (TAC) limits have been taken, causing a closure of trawling operations in the GOA, even though the full groundfish harvest amount has not been taken in some fisheries. This rule implements the following three measures to address the preemption of one trawl fishery sector by another. 1. Establish two GOA trawl fishery categories for the purpose of apportioning the GOA halibut bycatch limit already established for the trawl gear fisheries (Sec. 672.20 (f)). These two categories are the following: (1) The shallow-water fishery complex (pollock, Pacific cod, Atka mackerel, shallow-water flatfish, flathead sole, and ``other species''); and (2) the deep-water fishery complex (the deep-water flatfish, rex sole, arrowtooth flounder, sablefish, and rockfish). 2. Revise the method for calculating retainable amounts of groundfish species under directed fishing standards (Sec. 672.20(h) and Sec. 675.20(i)). Revised methods prohibit using retained amounts of arrowtooth flounder, or groundfish species that are closed to directed fishing, as a basis for calculating retainable amounts of other, more valuable groundfish species that are closed to directed fishing. 3. Adjust the opening date for the BSAI yellowfin sole and ``other flatfish'' fisheries from May 1 to January 1. As a result of this season adjustment, directed fishing standards governing retainable amounts of flatfish species at Sec. 675.20(h)(2) also are revised. This final rule also implements editorial changes to regulatory language pertaining to the annual specification and management of GOA halibut PSC limits. In addition, NMFS apportions the 1994 GOA halibut trawl PSC limit among fisheries and seasons as set out below: Apportionment of the 2,000 Metric Ton (MT) Halibut Bycatch Mortality Limit Established for the 1994 GOA Trawl Fisheries Among the Shallow- and Deep-water Trawl Fishery Complexes and Seasons [Seasons open and close at 12 noon, Alaska local time (A.l.t.), except that the last season ends at 12 midnight, A.l.t., December 31.] ------------------------------------------------------------------------ Shallow Deep Season complex complex Total ------------------------------------------------------------------------ Jan. 20-Mar. 31........................ 500 100 600 Mar. 31-Jun. 30........................ 100 300 400 Jun. 30-Sep. 30........................ 200 400 600 Sep. 30-Dec. 31........................ (\1\) (\1\) 400 ------------------------------------------------------------------------ \1\No apportionment. An emergency rule implementing these measures was published on February 10, 1994 (59 FR 6222), under section 305(c) of the Magnuson Act. At its April 1994 meeting the Council voted to extend the emergency rule for another 90 days (59 FR 24965, May 13, 1994). A proposed rule to implement these measures was published in the Federal Register on May 4, 1994 (59 FR 23044). A complete description of, and justification for, the management measures, including editorial changes to regulations addressing GOA halibut bycatch amounts, was discussed in the preamble to the proposed rule. Additional information also is available in the EA/RIR (see ADDRESSES). Public comment on the proposed rule was invited through May 31, 1994. One letter of comments was received within the comment period and is summarized and responded to below in the Response to Comments section. Response to Comments Comment 1: Splitting the halibut bycatch limit between the shallow- water fishery complex and the deep-water fishery complex splits the limit between a well-observed fleet with 100-percent observer coverage (mainly in the deep-water fisheries) and a poorly observed fleet with 30-percent observer coverage (mainly in the shallow-water fisheries). Because the 30-percent boats have greater latitude to take an observer, the bycatch data collected for the shallow-water fisheries would be biased and, therefore, less accurate than the data collected for the deep-water fisheries, thus jeopardizing the management of the halibut bycatch limits. This action would degrade the scientific basis for halibut bycatch management and is contrary to national standard 2. Response: Consistent with national standard 2, NMFS continues to monitor the groundfish fishery using the best information available. Opportunities do exist in the 30-percent observer coverage fleet for vessel operators to manipulate observer coverage to reduce or increase coverage in different fisheries. However, NMFS has taken measures to increase observer coverage in the groundfish fleet to improve the accuracy of catch monitoring. A recent amendment to the Observer Plan (59 FR 22133, April 29, 1994) changed observer coverage requirements for vessels required to obtain 30-percent observer coverage. The amendment to the Observer Plan limits the manipulation of observer coverage by requiring vessels to carry an observer during at least 30 percent of their fishing days in each calendar quarter in which the vessels participate for more than 3 fishing days in a directed fishery for groundfish. These vessels are also required to have an observer on board the vessel during one trip in each fishery, as defined in the Observer Plan amendment, in which they participate. These measures should reduce the potential for manipulation of observer coverage and increase the amount of observer data available for the management of the specific fisheries. Comment 2: Processors are not required to report harvests such that NMFS can reasonably attribute shoreside catch to a given target with its appropriate bycatch. Currently, one target species is assigned per week, even though vessels delivering to a plant may have targeted several different species. This system cannot be used to monitor scientifically a separate shallow-water fisheries halibut bycatch limit and is inconsistent with national standard 2. Response: For purposes of attributing halibut bycatch, NMFS assigns a target fishery based on maximum retained amounts (except midwater pollock, for which pollock must comprise 95 percent or more of the total catch) and estimates halibut bycatch for each unique combination of processor, gear type, and reporting area, on a weekly basis. Halibut bycatch is attributed to one of the two fishery categories for which a trawl halibut bycatch allowance is made. Bycatch from the bottom pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, or ``other species'' fisheries is attributed to the shallow- water species complex. Bycatch from the sablefish, rockfish, deep-water flatfish, and arrowtooth flounder fisheries is attributed to the deep- water species complex. NMFS does not have the ability to assign target fisheries based on vessel hauls or individual vessel deliveries. Given this procedure, NMFS does monitor bycatch consistent with the intent of the regulations and based on the best available scientific information. Comment 3: The NMFS Alaska Fisheries Science Center should review this rule and concur that it will provide the best available scientific data to monitor the halibut bycatch limit. Response: Regulations that are drafted by the NMFS Alaska Regional Office are developed in consultation with the Alaska Fisheries Science Center. Changes in the Final Rule From the Proposed Rule This final rule includes one editorial change in Sec. 672.20(f)(3)(i) to clarify an inconsistency with respect to paragraph (f)(1)(iv) of the same section. Section (f)(1)(iv) provides the authority to establish a separate halibut PSC allowance by regulatory area and district; however, Sec. 672.20(f)(3)(i) does not provide the authority for closures based on regulatory area or district once an allowance is reached. Language has been added to paragraph Sec. 672.20(f)(3)(i) to indicate that, upon attainment of a bycatch allowance for the entire Gulf of Alaska or the applicable regulatory area or district, a closure would be made. Upon reviewing the reasons for, and the comments on, this action, NMFS has determined that this rule is necessary for fishery conservation and management. Classification The General Counsel of the Department of Commerce certified to the Small Business Administration that this rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The reasons were published in the preamble to the proposed rule (59 FR 24965, May 5, 1994). As a result, a regulatory flexibility analysis was not prepared. NMFS prepared an analysis of the economic impact on small entities as part of the EA/RIR. A copy of the EA/RIR is available from NMFS (see ADDRESSES). This final rule has been determined to be not significant for purposes of E.O. 12866. NMFS has determined that delaying the effectiveness of this final rule for the entire 30 days under the Administrative Procedure Act, 5 U.S.C. 552(d), is contrary to the public interest in orderly conduct of the fisheries in the EEZ. This rule supersedes the original emergency rule implementing these measures which expires August 9, 1994. The fishery has been operating under the emergency rule with a benefit to the fishery. To avoid an interruption in the fishery as it is currently being conducted under the emergency rule, NMFS is waiving a portion of the 30-day delayed effectiveness period for this rule to correspond with the expiration of the emergency rule. List of Subjects in 50 CFR Parts 672 and 675 Fisheries, Reporting and recordkeeping requirements. Dated: July 21, 1994. Henry R. Beasley, Acting Program Management Officer, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR parts 672 and 675 are amended as follows: PART 672--GROUNDFISH FISHERY OF THE GULF OF ALASKA 1. The authority citation for part 672 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 2. In Sec. 672.20, paragraphs (f) and (h)(1) are revised to read as follows: Sec. 672.20 General limitations. * * * * * (f) Halibut PSC limits. (1) Notification of proposed halibut PSC limits. NMFS will publish annually in the Federal Register proposed and final halibut PSC limits and apportionments thereof authorized under this paragraph (f), in the notification required under paragraph (c) of this section. Public comment will be accepted by NMFS on the proposed halibut PSC limits, and apportionments thereof, for a period of 30 days after publication in the Federal Register. NMFS will consider comments received on proposed halibut limits and, after consultation with the Council, will publish notification in the Federal Register specifying the final halibut PSC limits and apportionments thereof. (i) Trawl gear fisheries. (A) After consultation with the Council, NMFS will publish notification in the Federal Register specifying the proposed halibut PSC limit for vessels using trawl gear. The halibut PSC limit specified for vessels using trawl gear may be further apportioned as bycatch allowances to the fishery categories listed in paragraph (f)(1)(i)(B) of this section, based on each category's proportional share of the anticipated halibut bycatch mortality during a fishing year and the need to optimize the amount of total groundfish harvest under the halibut PSC limit. The sum of all bycatch allowances will equal the halibut PSC limit established under this paragraph (f)(1)(i). (B) For purposes of apportioning the trawl halibut PSC limit among fisheries, the following fishery categories are specified and defined in terms of round-weight equivalents of those groundfish species for which a TAC has been specified under paragraphs (a) and (c) of this section: (1) Shallow-water species fishery. Fishing with trawl gear during any weekly reporting period that results in a retained aggregate catch of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and ``other species'' that is greater than the retained aggregate amount of other groundfish species or species group. (2) Deep-water species fishery. Fishing with trawl gear during any weekly reporting period that results in a retained catch of groundfish and is not a shallow-water species fishery as defined under paragraph (f)(1)(i)(B)(1) of this section. (ii) Hook-and-line and pot gear fisheries. After consultation with the Council, NMFS will publish notification in the Federal Register specifying the proposed halibut PSC limits for the hook-and-line gear fisheries. The notification also may specify a halibut PSC limit for the pot gear fisheries. The proposed halibut PSC limit for hook-and- line gear fisheries may be further apportioned, as bycatch allowances, to the directed fishery for demersal shelf rockfish in the Southeast Outside District of the Eastern Regulatory Area and to all other hook- and-line gear fisheries. (iii) Seasonal apportionments. (A) NMFS, after consultation with the Council, may apportion each halibut PSC limit or bycatch allowance specified under this paragraph (f) on a seasonal basis. NMFS will base any seasonal apportionment of a halibut PSC limit or bycatch allowance on the following types of information: (1) Seasonal distribution of halibut; (2) Seasonal distribution of target groundfish species relative to halibut distribution; (3) Expected halibut bycatch needs, on a seasonal basis, relative to changes in halibut biomass and expected catches of target groundfish species; (4) Expected variations in bycatch rates throughout the fishing year; (5) Expected changes in directed groundfish fishing seasons; (6) Expected start of fishing effort; and (7) Economic effects of establishing seasonal halibut allocations on segments of the target groundfish industry. (B) Unused seasonal apportionments of halibut PSC limits specified for trawl, hook-and-line, or pot gear will be added to the respective seasonal apportionment for the next season during a current fishing year. (C) If a seasonal apportionment of a halibut PSC limit specified for trawl, hook-and-line, or pot gear is exceeded, the amount by which the seasonal apportionment is exceeded will be deducted from the respective apportionment for the next season during a current fishing year. (iv) Apportionment among regulatory areas and districts. Each halibut PSC limit specified under this paragraph (f) also may be apportioned among the regulatory areas and districts of the Gulf of Alaska. (2) NMFS, by notification in the Federal Register, may change the halibut PSC limits during the year for which they were specified, based on new information of the types set forth in paragraph (f)(1) of this section. (3) Attainment of a halibut PSC limit or bycatch allowance. (i) Trawl gear fisheries. If, during the fishing year, the Regional Director determines that U.S. fishing vessels participating in either of the trawl fishery categories listed in paragraph (f)(1)(i)(B) of this section will catch the Pacific halibut bycatch allowance, or apportionments thereof, specified for that fishery category under paragraph (f)(1) of this section, NMFS will publish notification in the Federal Register closing the entire Gulf of Alaska or the applicable regulatory area or district to directed fishing with trawl gear for each species and/or species group that comprises that fishing category; provided, however, that when the halibut bycatch allowance, or seasonal apportionment thereof, specified for the shallow-water species fishery is reached, fishing for pollock by vessels using pelagic trawl gear may continue, consistent with other provisions of this part. (ii) Hook-and-line fisheries. (A) Groundfish other than demersal shelf rockfish in the Southeast Outside District. If, during the year, the Regional Director determines that the catch of halibut by operators of vessels using hook-and-line gear in groundfish fisheries other than the directed fishery for demersal shelf rockfish in the Southeast Outside District will reach the halibut bycatch allowance, or seasonal apportionment thereof, specified for hook-and-line gear under paragraph (f)(1) of this section, NMFS will publish notification in the Federal Register prohibiting directed fishing for groundfish, other than demersal shelf rockfish in the Southeast Outside District, by vessels using hook-and-line gear for the remainder of the season to which the halibut bycatch allowance or seasonal apportionment thereof applies. (B) Demersal shelf rockfish in the Southeast Outside District. If, during the year, the Regional Director determines that the catch of halibut by operators of vessels using hook-and-line gear in the directed fishery for demersal shelf rockfish in the Southeast Outside District will reach the halibut bycatch allowance, or seasonal apportionment thereof, specified for this fishery under paragraph (f)(1) of this section, NMFS will publish notification in the Federal Register prohibiting directed fishing for demersal shelf rockfish in the Southeast Outside District by vessels using hook-and-line gear for the remainder of the season to which the halibut bycatch allowance or seasonal apportionment thereof applies. (iii) Pot gear fisheries. If, during the fishing year, the Regional Director determines that the catch of halibut by operators of vessels using pot gear to participate in a directed fishery for groundfish will reach the halibut PSC limit, or seasonal apportionment thereof, provided for under paragraph (f)(1) of this section, NMFS will publish notification in the Federal Register prohibiting directed fishing for groundfish by vessels using pot gear for the remainder of the season to which the halibut PSC limit or seasonal apportionment applies. (4) When the vessels to which a halibut PSC limit applies have caught an amount of halibut equal to that PSC, the Regional Director may, by notification in the Federal Register, allow some or all of those vessels to continue to fish for groundfish using nonpelagic trawl gear under specified conditions, subject to the other provisions of this part. In authorizing and conditioning such continued fishing with bottom-trawl gear, the Regional Director will take into account the following considerations, and issue relevant findings: (i) The risk of biological harm to halibut stocks and of socio- economic harm to authorized halibut users posed by continued bottom trawling by these vessels; (ii) The extent to which these vessels have avoided incidental halibut catches up to that point in the year; (iii) The confidence of the Regional Director in the accuracy of the estimates of incidental halibut catches by these vessels up to that point in the year; (iv) Whether observer coverage of these vessels is sufficient to assure adherence to the prescribed conditions and to alert the Regional Director to increases in their incidental halibut catches; and (v) The enforcement record of owners and operators of these vessels, and the confidence of the Regional Director that adherence to the prescribed conditions can be assured in light of available enforcement resources. * * * * * (h) * * * (1) Calculations. (i) In making any determination concerning directed fishing under paragraph (g) of this section, the amount or percentage of any species, species group, or any fish or fish products will be calculated in round-weight equivalents. (ii) Arrowtooth flounder, or any groundfish species for which directed fishing is closed, may not be used to calculate retainable amounts of other groundfish species under paragraph (g) of this section. * * * * * PART 675--GROUNDFISH FISHERY OF THE BERING SEA AND ALEUTIAN ISLANDS AREA 3. The authority citation for part 675 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 4. In Sec. 675.20, paragraphs (h)(2) and (i)(1) are revised to read as follows: Sec. 675.20 General limitations. * * * * * (h) * * * (2) Yellowfin sole, rock sole, arrowtooth flounder, or ``other flatfish.'' The operator of a vessel is engaged in directed fishing for yellowfin sole, rock sole, arrowtooth flounder, or ``other flatfish'' if he or she retains, at any time during a trip, an amount of one of these species equal to or greater than 35 percent of the amount of the other respective species retained at the same time on the vessel during the same trip, plus 20 percent of any groundfish species other than yellowfin sole, rock sole, or ``other flatfish'' retained at the same time on the vessel during the same trip. * * * * * (i) * * * (1) Calculations. (i) In making any determination concerning directed fishing under paragraph (h) of this section, the amount or percentage of any species, species group, or any fish or fish products will be calculated in round-weight equivalents. (ii) Arrowtooth flounder, or any groundfish species for which directed fishing is closed, may not be used to calculate retainable amounts of other groundfish species under paragraph (h) of this section. * * * * * 5. In Sec. 675.23, paragraph (c) is revised to read as follows: Sec. 675.23 Seasons. * * * * * (c) Directed fishing for arrowtooth flounder and Greenland turbot is authorized from 12:00 noon Alaska local time, May 1, through 12:00 midnight, Alaska local time, December 31, subject to the other provisions of this part. * * * * * [FR Doc. 94-18229 Filed 7-26-94; 8:45 am] BILLING CODE 3510-22-W