[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2905-2908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-728]
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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 675
[Docket No. 900833-1095; I.D. 010395B]
Groundfish of the Gulf of Alaska; Groundfish Fishery of the
Bering Sea and Aleutian Islands Area; Bycatch Rate Standards for the
First Half of 1995
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 first half of 1995. [[Page 2906]] 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 for trawl vessel operators who
participate in the Alaska groundfish trawl fisheries. 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.), January 20,
1995, through 12 midnight, A.l.t., June 30, 1995. Comments on this
action must be received at the following address no later than 4:30
p.m., A.l.t., January 23, 1995.
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, 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 NMFS
according to the Fishery Management Plan for the Groundfish Fishery of
the Bering Sea and Aleutian Islands Area and the Fishery Management
Plan for Groundfish of the Gulf of Alaska (FMPs). The FMPs were
prepared by the North Pacific Fishery Management Council (Council)
under the authority of the Magnuson Fishery Conservation and Management
Act (Magnuson Act). The FMPs are implemented by regulations for the
U.S. fisheries at 50 CFR parts 672, 675, and 676. 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 may not exceed 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 may not exceed 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 king crab bycatch rate standards for each fishery included
under the incentive program be published in the Federal Register. 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.
Given that the GOA and BSAI fisheries are closed to trawling from
January 1 to January 20 of each year (Secs. 672.23(e) and 675.23(d),
respectively), the Director, Alaska Region, NMFS (Regional Director),
is implementing bycatch rate standards for the first half of 1995
effective from January 20, 1995, through June 30, 1995.
At its September 1994 meeting, the Council reviewed average 1992-94
bycatch rates experienced by vessels participating in the fisheries
under the incentive program. Based on this and other information
presented below, the Council recommended halibut and red king crab
bycatch rate standards for the first half of 1995. These standards were
reconfirmed by the Council at its December 1994 meeting after the
Council considered new information on the intent of some trawl vessel
owners to purchase and use voluntarily large-mesh gear to reduce
groundfish discard amounts. The Council's recommended bycatch rate
standards are listed in Table 1. As required by Secs. 672.26(c) and
675.26(c), the Council's recommended bycatch rate standards for January
through June are based on the following information:
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 Regional
Director.
Bycatch Rate Standards for Pacific Halibut
The Council's recommended halibut bycatch rate standards for the
1995 trawl fisheries are unchanged from those implemented in 1994. The
recommended 1995 standards are based largely on anticipated seasonal
fishing effort for groundfish species and 1992-94 halibut bycatch rates
observed in the trawl fisheries included under the incentive program.
The Council recognized that the 1995 trawl fisheries do not start until
January 20.
The recommended standard for the yellowfin sole fishery was
maintained at 5.0 kilograms (kg) halibut per metric ton (mt) of
groundfish for the first quarter of 1995. Regulations implemented in
1994 (59 FR 38132, July 27, 1994) revised the opening date for the
yellowfin sole and ``other flatfish'' trawl fisheries from May 1 to
January 20 of each year. This revision was initially implemented by
emergency interim rulemaking on February 7, 1994 (59 FR 6222, February
10, 1994). The small amount of data available on halibut bycatch rates
in the yellowfin sole fishery during the first quarter of 1994 show an
average bycatch rate of about 2.70 kg halibut/mt of groundfish. This
rate approximates the relatively low halibut bycatch rates experienced
by vessels fishing in the BSAI joint venture fisheries during the mid
to late 1980's (less than 2 kg halibut/mt of groundfish). The Council
also recommended that a bycatch rate standard of 5.0 kg halibut/mt of
groundfish be maintained for the second quarter of 1995, even though
the average halibut bycatch rate experienced by the yellowfin sole
fishery during the second quarter of 1994 (5.98 kg halibut/mt
groundfish) was slightly higher than the standard.
Although the bycatch rate of halibut in the yellowfin sole fishery
during the first half of the year has been as high as 13 kg halibut/mt
groundfish (1993 observer data), the Council recommended a 1995 halibut
bycatch rate standard of 5.0 kg halibut/mt of groundfish given that the
average bycatch rates experienced by the yellowfin sole fishery during
the first half of 1991, 1992, and 1994 were only slightly higher or
below the recommended standard, indicating that vessel operators are
able to fish at halibut bycatch rates lower than those experienced in
1993. Furthermore, a bycatch rate standard of 5 kg halibut/mt of
groundfish will continue to encourage vessel operators to take action
to avoid excessively high bycatch rates of halibut.
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)(3)(i) and 675.21(c)(1)(iii) prohibit
directed fishing for pollock by vessels using non-pelagic trawl gear.
[[Page 2907]]
The recommended halibut bycatch rate standards for the BSAI
``bottom pollock'' fishery continue to approximate the average annual
rates observed on trawl vessels participating in this fishery during
the past 4 years. The recommended standard for the BSAI ``bottom
pollock'' fishery during the first quarter of 1995 (7.5 kg halibut/mt
of groundfish) is set at a level near the average halibut bycatch rate
experienced by vessels participating in the ``bottom pollock'' fishery
during the first quarters of 1992 and 1993 (7.58 and 7.59 kg halibut/mt
of groundfish, respectively). During the first quarter of 1994, the
halibut bycatch rate in this fishery was only 2.71 kg halibut/mt
groundfish. However, the average halibut bycatch rate during the second
quarter of 1994 was unusually high at almost 30 kg halibut/mt
groundfish. This high rate was associated with very little fishing
effort because the Bering Sea subarea and Aleutian Islands subarea
offshore component pollock fisheries were closed on February 18 and
March 1, respectively; and the inshore Bering Sea subarea and Aleutian
Islands subarea pollock fisheries were closed on March 2, 1994, and
March 18, 1994, respectively. As a result, the second quarter bycatch
rate estimated for the 1994 pollock fishery is not considered to be
reflective of the rates typically experienced in this fishery. As in
past years, the directed fishing allowances specified for the 1995
pollock ``A'' season likely will be reached before the end of the ``A''
season on April 15. Directed fishing for pollock is prohibited from the
end of the pollock ``A'' season (April 15) until the beginning of the
pollock ``B'' season (August 15), except by vessels fishing under the
Community Development Quota (CDQ) program (50 CFR 675.27).
The Council recommended a 5.0 kg halibut/mt of groundfish bycatch
rate standard for the second quarter of 1995 to accommodate any CDQ
pollock fishery that may occur during this period. This standard
approximates the average halibut bycatch rate experienced by vessels
participating in the bottom pollock fishery during the second quarter
of 1992 (4.34 kg halibut/mt of groundfish), but is higher than the
second quarter rate experienced in 1993 (2.72 kg halibut/mt of
groundfish).
A 30 kg halibut/mt of groundfish bycatch rate standard was
recommended for the BSAI ``other trawl'' fishery. This standard has
remained unchanged since 1992. The Council recommended a 40 kg halibut/
mt of groundfish bycatch rate standard for the GOA ``other trawl''
fishery, which is the same as for 1994.
The bycatch rate standards recommended for the GOA and BSAI ``other
trawl'' fisheries are based on the Council's intent to simplify the
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 reduce overall
halibut bycatch rates in the Alaska groundfish trawl fisheries.
Observer data collected from the 1994 GOA ``other trawl'' fishery
show first and second quarter halibut bycatch rates of 20 and 43 kg
halibut/mt of groundfish, respectively. First and second quarter rates
from 1993 were 34 and 27 kg halibut/mt of groundfish, respectively.
Observer data collected from the 1994 BSAI ``other trawl'' fishery show
first and second quarter halibut bycatch rates of 9 and 20 kg halibut/
mt of groundfish, respectively. Observer data from 1992 and 1993 showed
similar rates. 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
halibut bycatch rates while participating in these fisheries and
contribute towards an overall reduction in halibut bycatch rates
experienced in the Alaska trawl fisheries. Furthermore, these standards
would provide some leniency to those vessel operators that choose to
use large-mesh trawl gear in the BSAI rock sole fishery (a component
fishery of the BSAI ``other trawl'' fishery) as a means to reduce
groundfish discard amounts. The bycatch rates of halibut and crab could
increase for vessels using this gear type, but observer data do not
exist on which to base a revised bycatch rate standard for these
operations. The Council recommended maintaining the current bycatch
rate standard for the BSAI ``other trawl'' fishery until observer data
become available that will provide a basis for bycatch rate standards
for vessels using large-mesh trawl gear. At its September and December
1994 meetings, the Council requested that NMFS initiate rulemaking to
require large-mesh trawl gear in the rock sole, Pacific cod, and
pollock fisheries. As part of that process, the Council requested that
NMFS amend regulations implementing the vessel incentive program so
that separate bycatch rate standards for the rock sole fishery may be
specified that consider the potential for higher halibut and red king
crab bycatch rates under mesh size restrictions.
Bycatch Rates 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 first half
of 1995. This standard has remained unchanged since 1992.
With the exception of rock sole, little fishing effort for flatfish
has occurred in Zone 1 during recent years, because commercial
concentrations of yellowfin sole and ``other flatfish'' normally occur
north of this area, when these fisheries opened on May 1. Because
regulations recently have been implemented that revise the opening date
for these flatfish fisheries to January 20, limited observer data exist
for the yellowfin sole fishery in Zone 1 for the 4-year period of 1991-
94. These data indicate average red king crab bycatch rates during the
first part of the year between 0.23 and 2.19 crab/mt of groundfish.
During this same 4-year period, the first and second quarter bycatch
rates of red king crab experienced by vessels participating in the
``other trawl'' fishery ranged from .02 to 2.39 crab/mt of groundfish.
The total bycatch of red king crab by vessels participating in the 1994
trawl fisheries is estimated at 244,634 crab, or about 122 percent of
the 200,000 red king crab bycatch limit established for the trawl
fisheries in Zone 1. Most of red king crab bycatch (193,016 crab)
occurred in the rock sole fishery. At the request of the Council, NMFS
is pursuing an emergency trawl closure in Zone 1 to reduce the number
of female red king crab taken as bycatch. This action was recommended
by the Council in response to conservation concerns ensuing from
results of the 1994 NMFS crab trawl survey that showed female crab to
be below threshold numbers. The emergency rule would close lucrative
fishing grounds used by the rock sole fishery and would change observer
coverage requirements to provide NMFS with more thorough and timely
data on crab bycatch in Zone 1, so that specified fishery bycatch
allowances are not exceeded. Anticipating that fishery bycatch
allowances will not be exceeded in 1995 and that the red king crab
bycatch limit will restrict bycatch amounts to specified levels, the
Council maintained the 2.5 red king crab/mt of groundfish bycatch rate
standard. As mentioned above, the Council has requested that NMFS
pursue rulemaking that would [[Page 2908]] allow separate red king crab
bycatch rate standards for the rock sole fishery in the event that
proposed trawl mesh regulations result in higher crab bycatch rates.
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
in the Council's determinations and recommendations for halibut and red
king crab bycatch rate standards for the first half of 1995 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).
As required in regulations at Secs. 672.26(a)(2)(iii) and
675.26(a)(2)(iii), the 1995 fishing months are specified as the
following periods for purposes of calculating vessel bycatch rates
under the incentive program:
Month 1: January 1 through January 28;
Month 2: January 29 through February 25;
Month 3: February 26 through April 1;
Month 4: April 2 through April 29;
Month 5: April 30 through June 3;
Month 6: June 4 through July 1;
Month 7: July 2 through July 29;
Month 8: July 30 through September 2;
Month 9: September 3 through September 30;
Month 10: October 1 through October 28;
Month 11: October 29 through December 2; and
Month 12: December 3 through December 31.
Classification
This action is taken under 50 CFR 672.26 and 675.26 and is exempt
from review under E.O. 12866.
Information upon which the recommended bycatch rate standards were
initially based was reviewed by the Council at its September, 1994,
meeting. The Council reconfirmed the recommended bycatch rate standards
at its December 1994 meeting after considering new information about
the potential effect of voluntary use of large mesh trawl gear in the
rock sole fishery on prohibited species bycatch rates. These standards
must be effective by the start of the 1995 trawl season on January 20,
to avoid a lapse in vessel accountability under the vessel incentive
program. Without this accountability, prohibited species bycatch rates
could increase in the groundfish trawl fisheries, prohibited species
bycatch allowances could be reached sooner, specified groundfish trawl
fisheries could be closed prematurely, and owners and operators of
groundfish trawl vessels could forego additional revenues. Therefore,
in accordance with Secs. 672.26(c)(2) and 675.26(c)(2), the Assistant
Administrator for Fisheries, NOAA, finds for good cause that it is
impractical and contrary to the public interest to afford prior notice
and opportunity for public comment on this action beyond the start of
the 1995 trawl season, or to delay its effective date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 6, 1995.
Richard B. Stone,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
Table 1.--Bycatch Rate Standards, by Fishery and Quarter, for the First
Half of 1995 for Purposes of the Vessel Incentive Program in the BSAI
and GOA
------------------------------------------------------------------------
1995
bycatch
Fishery and quarter rate
standard
------------------------------------------------------------------------
Halibut bycatch rate standards (kilogram of halibut/metric ton of
groundfish catch)
------------------------------------------------------------------------
BSAI Midwater pollock:
Qt 1........................................................ 1.0
Qt 2........................................................ 1.0
BSAI Bottom pollock:
Qt 1........................................................ 7.5
Qt 2........................................................ 5.0
BSAI Yellowfin sole:
Qt 1........................................................ 5.0
Qt 2........................................................ 5.0
BSAI Other trawl:
Qt 1........................................................ 30.0
Qt 2........................................................ 30.0
GOA Midwater pollock:
Qt 1........................................................ 1.0
Qt 2........................................................ 1.0
GOA Other trawl:
Qt 1........................................................ 40.0
Qt 2........................................................ 40.0
------------------------------------------------------------------------
Zone 1 red king crab bycatch rate standards (number of crab/metric ton
of groundfish catch)
------------------------------------------------------------------------
BSAI yellowfin sole:
Qt 1........................................................ 2.5
Qt 2........................................................ 2.5
BSAI Other trawl:
Qt 1........................................................ 2.5
Qt 2........................................................ 2.5
------------------------------------------------------------------------
[FR Doc. 95-728 Filed 1-6-95; 4:29 pm]
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