[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27425-27427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12616]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 672 and 675

[Docket No. 900833-1095; I.D. 051595I]


Groundfish of the Gulf of Alaska; Groundfish of the Bering Sea 
and Aleutian Islands Area; Bycatch Rate Standards for the Second 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 second half of 1995. Publication of these bycatch 
rate standards is required under regulations implementing the vessel 
incentive program. This action is necessary to implement the bycatch 
rate standards for 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, 1995, 
through 12 midnight, A.l.t., December 31, 1995. Comments on this action 
must be received at the following address no later than 4:30 p.m., 
A.l.t., June 30, 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 Aleutians Islands and the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMPs). The FMPs were prepared by 
the North Pacific Fishery Management 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, 
675, and 676. General regulations that also pertain to the U.S. 
fisheries appear at 50 CFR part 620. Regulations that establish 
observer coverage requirements are set out at 50 CFR part 677.
    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 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. For purposes 
of calculating vessel bycatch rates under the incentive program, 1995 
fishing months were specified in the Federal Register on January 12, 
1995 (60 FR 2905).
    Halibut and red king crab bycatch rate standards for the first half 
of 1995 also were published in the Federal Register on January 12, 
1995. As required by Secs. 672.26(c) and 675.26(c), the Director, 
Alaska Region, NMFS (Regional Director), has established the bycatch 
rate standards for the second half of 1995 (July 1 through December 
31). [[Page 27426]] These standards are set out in Table 1 and 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 Regional 
Director.

 Table 1.--Bycatch Rate Standards by Fishery for the Second Half of 1995
    for Purposes of the Vessel Incentive Program in the BSAI and GOA    
------------------------------------------------------------------------
                                                                 Bycatch
                            Fishery                               rate  
                                                                standard
------------------------------------------------------------------------
Pacific halibut bycatch rate standards (kilogram of halibut/            
 metric ton of 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 rate standards (number of crab/            
 metric ton of groundfish catch):                                       
  BSAI yellowfin sole.........................................       2.5
  BSAI Other trawl............................................       2.5
------------------------------------------------------------------------

Bycatch Rate Standards for Pacific Halibut

    The halibut bycatch rate standards for the 1995 trawl fisheries are 
unchanged from those implemented in 1994. The Regional Director based 
1995 standards for the second half of 1995 on anticipated seasonal 
fishing effort for groundfish species and 1992-95 halibut bycatch rates 
observed in the trawl fisheries included under the incentive program. 
In determining these bycatch rate standards, the Regional Director 
recognized that directed fishing for BSAI Pacific cod by vessels using 
trawl gear is closed until October 25, 1995 (60 FR 20658, April 27, 
1995) and that directed fishing for yellowfin sole is closed until 
August 1, 1995. The Regional Director also considered the August 15 
opening date of the 1995 BSAI pollock ``B'' season (Sec. 675.23(e)).
    The halibut bycatch rate standards for the BSAI yellowfin sole and 
``bottom pollock'' fisheries are each set at 5 kilogram (kg) halibut/
metric ton (mt) of groundfish. These standards approximate the average 
annual rates observed on trawl vessels participating in these fisheries 
since 1992.
    The halibut bycatch rate standard 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. This 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 prohibited species catch 
limits at Secs. 672.20(f) and 675.21(c)(1) prohibit directed fishing 
for pollock by vessels using non-pelagic trawl gear.
    A bycatch rate standard of 30 kg halibut/mt of groundfish is 
established for the BSAI ``other trawl'' fishery. This standard has 
remained unchanged since 1992. A bycatch rate standard of 40 kg 
halibut/mt of groundfish is established for the GOA ``other trawl'' 
fishery, which is unchanged from 1994.
    The bycatch rate standards recommended for the GOA and BSAI ``other 
trawl'' fisheries are intended to simplify the GOA and BSAI incentive 
program by specifying a single bycatch rate standard for the trawl 
fisheries that are not assigned fishery-specific bycatch rate 
standards, while maintaining the objective of the incentive program to 
reduce overall halibut bycatch rates. Observer data collected from the 
1994 GOA ``other trawl'' fishery show average third and fourth quarter 
halibut bycatch rates of 26 and 44 kg halibut/mt of groundfish, 
respectively. The first quarter rate from 1995 was lower, at 15 kg 
halibut/mt of groundfish, although the second quarter rate increased to 
59 kg halibut/mt of groundfish. Observer data collected from the 1994 
BSAI ``other trawl'' fishery show third and fourth quarter halibut 
bycatch rates of 3 and 4 kg halibut/mt of groundfish, respectively. The 
first and second quarter rates from the 1995 BSAI ``other trawl'' 
fishery were 11 and 14 kg halibut/mt of groundfish, respectively.
    Generally, the average bycatch rates experienced by vessels 
participating in the GOA and BSAI ``other trawl'' fisheries are lower 
than the bycatch rate standards for these fisheries set out in Table 1. 
However, the Regional Director has determined that the halibut bycatch 
rate standards for the ``other trawl'' fisheries will 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 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 1995. This standard 
remains unchanged since 1992.
    Fishing for groundfish in Zone 1 is expected to be limited during 
the second half of 1995 because of fishery closures. Directed fishing 
for yellowfin sole in Zone 1 by vessels using trawl gear is closed for 
the remainder of 1995, because the Zone 1 C. bairdi Tanner crab bycatch 
allowance specified for this fishery has been reached (60 FR 17653, 
April 7, 1995). Directed fishing in Zone 1 for most groundfish species 
included in the ``other trawl'' fishery (defined at Sec. 675.26(b)(4)) 
is closed for the remainder of 1995 because of halibut, red king crab, 
or C. bairdi Tanner crab bycatch restrictions (rockfish, Greenland 
turbot, sablefish, arrowtooth flounder (60 FR 8479, February 14, 1995); 
and Pacific cod (60 FR 15521, March 24, 1995)). Fishing in Zone 1 for 
rock sole, flathead sole, and ``other flatfish'' could occur after July 
1 when the remaining portion of the halibut bycatch mortality limit 
apportioned to these fisheries becomes available. However, the 1995 
halibut and C. bairdi bycatch allowances specified for these flatfish 
fisheries (60 FR 8479, February 14, 1995) likely will limit directed 
fishing in Zone 1 before the 1995 red king crab bycatch allowance 
specified for these fisheries is reached. Through late April 1995, the 
rock sole, flathead sole, and ``other flatfish'' fisheries have taken 
85 percent and 71 percent of the halibut and C. bairdi bycatch 
allowances, respectively, specified for these fisheries for 1995, 
whereas only 19 percent of the red king crab bycatch allowance 
specified for these fisheries has been taken.
    Given that Zone 1 has been closed to most fisheries during the 
second half of the year since 1992, limited data exist on which to base 
a red king crab bycatch rate standard for the second half of the year. 
Since 1992, average quarterly bycatch rates have ranged from 2.39 red 
king crab/mt groundfish to near zero. Although the red king crab 
bycatch rate standard set out in Table 1 is higher than the highest 
average quarterly bycatch rate since 1992, the Regional Director 
maintained the 2.5 red king crab/mt of groundfish bycatch rate standard 
to support any exploratory fishing in Zone 1 by vessel operators 
attempting to avoid relatively high halibut and C. bairdi bycatch rates 
[[Page 27427]] typically experienced in other areas of the BSAI.
    The Regional Director has determined that the bycatch rate 
standards set out in Table 1 are appropriately based on the information 
and considerations necessary for such determinations under 
Secs. 672.26(c) and 675.26(c). 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 and is exempt 
from review under E.O. 12866.

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

    Dated: May 17, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-12616 Filed 5-23-95; 8:45 am]
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