[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32020]


[[Page Unknown]]

[Federal Register: December 29, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 672 and 675

[Docket No. 941253-4353; I.D. 120594A]
RIN 0648-AG95

 

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: Proposed rule; proposed 1995 specification of Pacific halibut 
bycatch allowances; request for comments.

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SUMMARY: NMFS proposes regulations to revise the management of seasonal 
Pacific halibut bycatch allowances annually specified for nontrawl 
fisheries in the Bering Sea and Aleutian Islands management area 
(BSAI). This proposed rule also would provide the authority to 
determine annually whether to apportion a halibut bycatch allowance to 
the BSAI jig gear fishery or the BSAI or Gulf of Alaska (GOA) hook-and-
line gear fisheries for sablefish, or to exempt these fisheries from 
halibut bycatch restrictions. In order not to delay the promulgation of 
timely specifications for the 1995 fishing year that would be 
consistent with the adoption of the proposed regulations, this notice 
proposes halibut bycatch allowances for the 1995 GOA hook-and-line gear 
fisheries and the 1995 BSAI nontrawl fisheries, seasonal apportionments 
thereof, and the manner in which these seasonal apportionments would be 
managed, all under these proposed regulations. This action is necessary 
to manage halibut bycatch allowances consistent with the intent of 
seasonal apportionments of groundfish total allowable catch (TAC) 
amounts, prevent preemption of the BSAI jig gear fisheries by the 
attainment of halibut bycatch allowances apportioned to other nontrawl 
fisheries, and support the implementation of the sablefish/halibut 
individual fishing quota (IFQ) program. This action is intended to 
promote management and conservation of groundfish and other fish 
resources and to further the objectives contained in the fishery 
management plans for Alaska groundfish fisheries.

DATES: Comments must be received by January 30, 1995.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, National Marine Fisheries Service, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel. Copies of the 
environmental assessment/regulatory impact review may be obtained from 
the same address.

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by vessels in the exclusive economic zone of 
the GOA and BSAI is managed by NMFS according to the Fishery Management 
Plan (FMP) for Groundfish of the Gulf of Alaska and the FMP for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area. The 
FMPs were prepared by the North Pacific Fishery Management Council 
(Council) under the Magnuson Fishery Conservation and Management Act 
and are implemented by regulations governing the U.S. groundfish 
fisheries at 50 CFR parts 620, 672, 675, and 676.
    Regulations for the management of prohibited species bycatch limits 
established for the BSAI groundfish fisheries are set out at 
Sec. 675.21. These regulations authorize NMFS, after consultation with 
the Council, to apportion the halibut bycatch limit established for 
BSAI nontrawl (hook-and-line, pot, and jig) gear fisheries among the 
hook-and-line gear fishery for Pacific cod, the groundfish pot gear 
fishery, and the other nontrawl fisheries. These fishery bycatch 
allowances may be seasonally apportioned. Any unused seasonal 
apportionment of a fishery-bycatch allowance must be added to the 
fishery's next seasonal apportionment during the same year. Similarly, 
if a seasonal apportionment of a fishery bycatch allowance is exceeded, 
the amount by which the seasonal apportionment is exceeded must be 
deducted from the fishery's next seasonal apportionment during the same 
year.
    Regulations for the management of halibut bycatch limits 
established for the GOA groundfish fisheries are set out at 
Sec. 672.20(f). These regulations authorize the annual specification of 
a halibut bycatch limit for the GOA hook-and-line gear fisheries that 
may be apportioned between the demersal shelf rockfish (DSR) fishery in 
the Southeast Outside District of the Eastern Regulatory Area and all 
other GOA hook-and-line gear fisheries.
    Representatives for the BSAI nontrawl groundfish fisheries have 
identified two concerns with regulations addressing the management of 
the halibut bycatch limit established for these fisheries. First, the 
BSAI jig gear fishery currently shares a halibut bycatch allowance with 
all other BSAI hook-and-line fisheries, except Pacific cod. Therefore, 
the potential exists for halibut bycatch mortality in the Greenland 
turbot or sablefish hook-and-line fisheries to require closure of the 
jig gear fishery if the halibut bycatch allowance is reached. This 
event could prevent vessels using jig gear from harvesting the amount 
of Pacific cod allocated to these vessels. Regulations at 
Sec. 675.20(a)(2)(iv) currently require that 2 percent of the BSAI 
Pacific cod TAC be allocated annually to vessels using this gear type.
    A second problem identified with current regulations is that the 
management of the seasonal apportionments of the halibut bycatch 
allowance annually specified for the BSAI Pacific cod hook-and-line 
gear fishery is not consistent with the management of the seasonal 
apportionments of the amount of the Pacific cod TAC allocated to 
vessels using hook-and-line or pot gear under Sec. 675.20(a)(2)(iv). 
For example, the amount of BSAI Pacific cod apportioned to the 1994 
summer hook-and-line or pot gear fishery for Pacific cod was reduced, 
relative to the winter and fall seasons, to limit fishing effort by 
hook-and-line gear vessels and avoid high halibut bycatch rates that 
are experienced in the summer fishery (59 FR 4009, January 28, 1994). 
The summer apportionment of the halibut bycatch allowance specified for 
the 1994 hook-and-line Pacific cod fishery also was reduced to limit 
fishing effort during summer months (59 FR 7656, February 16, 1994). 
Under current regulations, any unused portion of the first (winter) 
season's apportionment of the halibut bycatch allowance is available 
for catch during summer. As a result, the hook-and-line effort for BSAI 
Pacific cod could increase beyond what was intended, the summer 
apportionment of the Pacific cod TAC would be reached more quickly by 
vessels fishing with hook-and-line gear, vessels fishing with pot gear 
would be preempted from fishing for Pacific cod during summer months, 
and overall halibut bycatch mortality would increase due to increased 
fishing effort in summer months by vessels using hook-and-line gear.
    A third concern raised by management agencies and industry 
representatives is that current regulations impose halibut bycatch 
restrictions on the GOA and BSAI hook-and-line gear fisheries for 
sablefish. These restrictions could prevent achievement of an important 
goal of the sablefish/halibut IFQ program--reduced competition within 
the fleet and a slower paced fishery, with reduced bycatch of 
undersized fish or prohibited species. A final rule implementing the 
IFQ program was published in the Federal Register November 9, 1993 (58 
FR 59375).
    The first sablefish/halibut IFQ fisheries are scheduled to open 
during spring 1995. Although bycatch of halibut in the sablefish hook-
and-line fishery will continue under the IFQ program, overall halibut 
discard mortality is expected to decrease for two reasons. First, 
operators of vessels with halibut quota shareholders onboard must 
retain all legal-sized halibut. Second, persons issued sablefish quota 
share are anticipated to fish in a manner that would optimize revenue 
for a given amount of quota share. This would mean fishing in prime 
sablefish fishing grounds at depths where halibut, though uncommon, are 
predominantly of legal size. Under current halibut bycatch 
restrictions, sablefish IFQ fishermen likely would continue to 
participate in a fast paced fishery with attendant high halibut bycatch 
rates in an attempt to harvest their sablefish IFQ before the hook-and-
line fishery for sablefish is closed due to halibut bycatch.
    At its April and September 1994 meetings, the Council responded to 
two of the above concerns by requesting NMFS to prepare a rulemaking 
that would: (1) Revise the management of seasonal bycatch allowances in 
the BSAI nontrawl fisheries, and (2) either exempt the GOA and BSAI 
sablefish hook-and-line gear fisheries from halibut bycatch 
restrictions or specify a separate halibut bycatch allowance for those 
fisheries during the annual groundfish specification process.
    NMFS proposes to respond to the Council's recommendation and to the 
concern about preemption of the BSAI jig gear fishery by implementing 
the following two management measures:
    1. Separately define the BSAI groundfish jig gear fishery and the 
BSAI sablefish hook-and-line gear fishery under Sec. 675.21(b)(2)(ii) 
and the GOA sablefish hook-and-line gear fishery under 
Sec. 672.20(f)(1)(ii) so that these fisheries annually either receive a 
separate halibut bycatch allowance or are exempted from halibut bycatch 
restrictions. These determinations would be implemented by NMFS, after 
consultation with the Council, as part of the annual specification 
process set out at Secs. 672.20(c) and 675.20(a)(7).
    2. Authorize NMFS, after consultation with the Council, to specify 
annually how seasonal bycatch allowances established for the BSAI 
nontrawl fisheries would be reapportioned among remaining seasons 
during the same fishing year.
Proposed 1995 Specifications of the Pacific Halibut Bycatch Mortality 
Limit Established for the BSAI Nontrawl Fisheries
    To implement the measures proposed under this action, proposed 1995 
halibut bycatch allowances for the GOA hook-and line gear fisheries and 
the BSAI nontrawl fisheries, seasonal apportionments thereof, and the 
manner in which these seasonal apportionments will be managed must be 
published in the Federal Register for public review and comment. 
Normally, annual bycatch management specifications are established 
through the annual groundfish specification process undertaken by NMFS 
and the Council during the September and December Council meetings each 
year (Secs. 672.20(c), 672.20(f)(1), 675.20(a)(2), and 675.21(b)(3)). 
This proposed action to revise the management of the GOA hook-and-line 
and BSAI nontrawl halibut bycatch limits, if approved, likely will not 
be effective until early in 1995. In order not to delay the 
promulgation of timely specifications for the 1995 fishing year that 
would be consistent with the adoption of the proposed regulations, this 
notice proposes a 1995 halibut bycatch limit and fishery bycatch 
allowances for the GOA hook-and-line gear fisheries and the 1995 
fishery bycatch allowances for the BSAI nontrawl fisheries, seasonal 
apportionments thereof, and the manner in which these seasonal 
apportionments would be managed, all under these proposed regulations. 
These specifications were recommended by the Council during its 
September 1994 meeting, and are set out in Tables 1 and 2.
    The Council recommended that the 1995 GOA and BSAI sablefish hook-
and-line gear fisheries be exempt from halibut bycatch restrictions. 
The Council further recommended that the halibut bycatch mortality 
limit for the 1995 GOA hook-and-line gear fisheries be set at 300 
metric tons (mt). During 1994, the hook-and-line gear fisheries for 
Pacific cod and rockfish accounted for about 150 mt of halibut bycatch 
mortality. The mortality limit of 300 mt was recommended for 1995 to 
accommodate increased bycatch needs that are anticipated in the Pacific 
cod fishery, because of an increase in the proposed Pacific cod TAC 
from 50,400 mt in 1994 to 103,000 mt in 1995. Although the Council did 
not make a recommendation for the apportionment of the proposed 300-mt 
bycatch limit between the DSR fishery in the Southeast Outside District 
of the Eastern Regulatory Area and the other GOA hook-and-line gear 
fisheries, NMFS assumes the Council intended to propose a 10-mt halibut 
bycatch allowance for the DSR fishery. This apportionment has been 
specified for the DSR fishery since 1993. The remaining 290 mt of the 
GOA halibut bycatch limit is apportioned seasonally to support the 
Pacific cod and rockfish fisheries. These seasonal apportionments are 
set out in Table 1 and are based on the seasonal distribution of 
fishing effort and anticipated halibut bycatch needs.
    Table 2 sets out the proposed BSAI nontrawl fishery bycatch 
allowances and the Council's intent to exempt the BSAI sablefish hook-
and-line gear fishery from halibut bycatch restrictions in 1995. NMFS 
notes that separate halibut bycatch allowances may be established for 
the GOA and BSAI sablefish hook-and-line gear fisheries in future years 
under the annual specification process if halibut discard mortality in 
these fisheries is not reduced in the manner anticipated under the IFQ 
program.

     Table 1.--Proposed 1995 Pacific Halibut Bycatch Limit, Bycatch     
 Allowances, and Seasonal Apportionments thereof, for the GOA Hook-and- 
                        line (H&L) Gear Fisheries                       
------------------------------------------------------------------------
                                               Halibut bycatch mortality
                   Fishery                             allowance        
------------------------------------------------------------------------
Demersal shelf rockfish.....................  10 mt.                    
Sablefish...................................  exempt.                   
Other H&L gear fisheries....................                            
Jan. 1-May 17...............................  77 mt or 26.7 percent.    
May 18-Aug. 31..............................  194 mt or 66.7 percent.   
Sep. 1-Dec. 31..............................  19 mt or 6.7 percent.     
    Total 1995 bycatch allowance specified    290 mt.                   
     for other H&L fisheries.                                           
    Grand total.............................  300 mt.                   
------------------------------------------------------------------------


Table 2.--Proposed 1995 Pacific Halibut Bycatch Allowances, and Seasonal
        Apportionments thereof, for the BSAI Nontrawl Fisheries.        
------------------------------------------------------------------------
                                               Halibut bycatch mortality
                   Fishery                             allowance        
------------------------------------------------------------------------
Pacific cod hook-and-line\1\................                            
  Jan. 1-Apr. 30............................  685 mt.                   
  May 1-Aug. 31.............................  40 mt.                    
  Sep. 1-Dec. 31............................  remainder.                
    Total...................................  725 mt.                   
  Sablefish hook-and-line...................  exempt.                   
  Jig gear..................................  exempt.                   
  Other nontrawl............................  175 mt.                   
  Groundfish pot gear.......................  exempt.                   
    Grand Total.............................  900 mt.                   
------------------------------------------------------------------------
\1\ Any unused portion of the first season's halibut bycatch allowance  
  specified for the Pacific cod hook-and-line gear fishery would be     
  reapportioned to the third seasonal allowance. Any overage of a       
  seasonal bycatch allowance specified for this fishery would be        
  deducted from the remaining seasonal bycatch allowances specified for 
  1995 in amounts proportional to these remaining seasonal bycatch      
  allowances.                                                           


    Public comment and testimony on proposed management of the GOA and 
BSAI halibut bycatch mortality limit during 1995 was reviewed by the 
Council during its December 1994 meeting. The Council recommended final 
halibut bycatch allowances for the GOA hook-and-line gear fisheries and 
the BSAI nontrawl fisheries, seasonal apportionments thereof, and the 
manner in which these seasonal apportionments are managed during the 
December meeting that, pending approval by NMFS, would be published 
with the final rule implementing this proposed action.

Classification

    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Small Business Administration 
that this proposed rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. Although the 
proposed rule could affect nearly all participants in the BSAI nontrawl 
fisheries and the GOA hook-and-line sablefish fishery, it would not 
decrease revenues by more than 5 percent. Thus, while a substantial 
number of small entities would be affected, the effect is not expected 
to be economically significant.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Parts 672 and 675

    Fisheries, Reporting and recordkeeping requirements.

    Dated: December 21, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 672 and 675 
are proposed to be amended as follows:

PART 672--GROUNDFISH 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)(1)(ii) and (f)(3)(ii) are revised 
to read as follows:


Sec. 672.20  General limitations.

* * * * *
    (f) * * *
    (1) * * *
    (ii) Hook-and-line and pot gear fisheries. (A) After consultation 
with the Council, NMFS will publish notification in the Federal 
Register specifying the proposed and final halibut PSC limits for 
vessels using hook-and-line gear. The notification also may specify a 
halibut PSC limit for the pot gear fisheries. The halibut PSC limit 
specified for vessels using hook-and-line gear may be further 
apportioned, as bycatch allowances, to the fishery categories listed in 
paragraph (f)(1)(ii)(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)(ii).
    (B) For purposes of apportioning the hook-and-line 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) Demersal shelf rockfish in the Southeast Outside District. 
Fishing with hook-and-line gear in the Southeast Outside District of 
the Eastern Regulatory Area of the Gulf of Alaska during any weekly 
reporting period that results in a retained catch of demersal shelf 
rockfish that is greater than the retained amount of any other fishery 
category defined under this paragraph (f)(1)(ii)(B).
    (2) Sablefish fishery. Fishing with hook-and-line gear during any 
weekly reporting period that results in a retained catch of sablefish 
that is greater than the retained amount of any other fishery category 
defined under this paragraph (f)(1)(ii)(B).
    (3) Other hook-and-line gear fishery. Fishing with hook-and-line 
gear during any weekly reporting period that results in a retained 
catch of groundfish and is not a demersal shelf rockfish fishery or a 
sablefish fishery as defined under paragraphs (f)(1)(ii)(B)(1) and (2) 
of this section.
* * * * *
    (3) * * *
    (ii) Hook-and-line fisheries. If, during the fishing year, the 
Regional Director determines that U.S. fishing vessels participating in 
any of the three hook-and-line gear fishery categories listed in 
paragraph (f)(1)(ii)(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 hook-and-line gear for each species and/or species group 
that comprises that fishing category.
* * * * *

PART 675--GROUNDFISH 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. 675.21, paragraph (b)(2)(ii)(B) and (C) are redesignated 
as paragraphs (b)(2)(ii)(D) and (E) respectively; paragraphs (b)(3)(ii) 
and (b)(3)(iii) are redesignated as paragraphs (b)(3)(ii)(A) and 
(b)(3)(ii)(B), respectively; newly redesignated paragraph (b)(2)(ii)(E) 
and paragraphs (b)(4) and (d) are revised; and new paragraphs 
(b)(2)(ii)(B), (b)(2)(ii)(C), (b)(3)(ii) heading, and (b)(3)(iii) are 
added to read as follows:


Sec. 675.21  Prohibited species catch (PSC) limitations.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (B) Sablefish hook-and-line fishery. Fishing with hook-and-line 
gear during any weekly reporting period that results in a retained 
catch of sablefish that is greater than the retained amount of any 
other groundfish species.
    (C) Groundfish jig gear fishery. Fishing with jig gear during any 
weekly reporting period that results in a retained catch of groundfish.
* * * * *
    (E) Other nontrawl fisheries. Fishing for groundfish with nontrawl 
gear during any weekly reporting period that results in a retained 
catch of groundfish and does not qualify as a Pacific cod hook-and-line 
fishery, a sablefish hook-and-line fishery, a groundfish jig gear 
fishery, or a groundfish pot gear fishery as defined under this 
paragraph (b)(2)(ii).
    (3) * * *
    (ii) Management of seasonal trawl fishery bycatch allowances.
* * * * *
    (iii) Management of seasonal nontrawl fishery bycatch allowances. 
(A) Any unused portion of a seasonal fishery bycatch allowance made 
under paragraph (b)(3)(i) of this section will be reapportioned to the 
fishery's remaining seasonal bycatch allowances during a current 
fishing year in a manner determined by NMFS, after consultation with 
the Council, based on the types of information listed under paragraph 
(b)(3)(i) of this section.
    (B) If a seasonal apportionment of a fishery bycatch allowance made 
under paragraph (b)(3)(i) of this section is exceeded, the amount by 
which the seasonal apportionment is exceeded will be deducted from the 
fishery's remaining seasonal bycatch allowances during a current 
fishing year in a manner determined by NMFS, after consultation with 
the Council, based on the types of information listed under paragraph 
(b)(3)(i) of this section.
    (4) NMFS will publish annually in the Federal Register the proposed 
and final bycatch allowances, seasonal apportionments thereof, and the 
manner in which seasonal apportionments of nontrawl fishery bycatch 
allowances will be managed, as required under Sec. 675.20(a)(7). Public 
comment will be accepted by NMFS on the proposed bycatch allowances, 
seasonal apportionments thereof, and the manner in which seasonal 
apportionments of nontrawl fishery bycatch allowances will be managed, 
for a period of 30 days after publication in the Federal Register.
* * * * *
    (d) Attainment of a Pacific halibut nontrawl fishery bycatch 
allowance. If, during the fishing year, the Regional Director 
determines that U.S. fishing vessels participating in any of the 
nontrawl fishery categories listed in paragraphs (b)(2)(ii) (A) through 
(E) of this section will catch the Pacific halibut bycatch allowance, 
or seasonal apportionment thereof, specified for that fishery category 
under paragraph (b) of this section, NMFS will publish in the Federal 
Register the closure of the entire Bering Sea and Aleutian Islands 
management area to directed fishing with the relevant gear type for 
each species and/or species group in that fishery category.

[FR Doc. 94-32020 Filed 12-28-94; 8:45 am]
BILLING CODE 3510-22-P