[Federal Register Volume 60, Number 162 (Tuesday, August 22, 1995)]
[Proposed Rules]
[Pages 43579-43580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20769]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 950206040-5040-01; I.D. 081595B]


Groundfish Fishery of the Bering Sea and Aleutian Islands Area; 
Change in Assumed Pacific Halibut Discard Mortality Rate

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

ACTION: Proposed change in assumed Pacific halibut discard mortality 
rate; request for comments.

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SUMMARY: NMFS proposes to reduce the Pacific halibut discard mortality 
rate assumed for the 1995 hook-and-line Pacific cod fishery in the 
Bering Sea and Aleutian Islands management area (BSAI) from 12.5 
percent to 11.5 percent. This action is necessary to implement the 
intent of the North Pacific Fishery Management Council (Council) to 
assess discard mortality rates observed in this fishery during the 
first half of 1995 and, if warranted, adjust the 12.5 assumed rate 
specified for this fishery to reflect more closely the 1995 observed 
rate.

DATES: Comments must be received by September 5, 1995.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802-1668, Attn: Lori Gravel. The final Environmental Assessment 
prepared for the 1995 BSAI groundfish total allowable catch 
specifications or the report prepared by the International Pacific 
Halibut Commission titled ``Halibut Discard Mortality Rates in the 1995 
BSA Pacific Cod Hook-and-Line Fishery: Results From Inseason Data 
Analysis'' may be obtained from the same address, or by calling 907-
586-7228. The final Stock Assessment and Fishery Evaluation (SAFE) 
report, dated November 1994, may be requested from the North Pacific 
Fishery Management Council, P.O. Box 103136, Anchorage, AK 99510 (907-
271-2809).

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

SUPPLEMENTARY INFORMATION:

Background

    Groundfish fisheries in the BSAI are governed by Federal 
regulations at 50 CFR part 675 that implement the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Island 
area (FMP). The FMP was prepared by the Council and approved by NMFS 
under the Magnuson Fishery Conservation and Management Act (Magnuson 
Act).
    NMFS, in consultation with the Council, annually establishes 
Pacific halibut bycatch allowances for specified BSAI groundfish 
fisheries. The Director, NMFS, Alaska Region (Regional Director), 
monitors each fishery's halibut bycatch allowance using assumed discard 
mortality rates that are based on the best information available. NMFS 
published the 1995 halibut bycatch mortality allowances and assumed 
discard mortality rates in the Federal Register on February 14, 1995 
(60 FR 8479) as part of the final 1995 specifications of groundfish and 
associated management measures. NMFS noted in this publication that the 
12.5 percent discard mortality rate specified for the BSAI Pacific cod 
hook-and-line gear fishery would be subject to change pending the 
results of a mid-year analysis of halibut discard mortality rate data 
collected by NMFS-certified observers during the first half of 1995. 
The reasons and justification for this mid-year assessment are 
discussed in the February 14, 1995, final 1995 groundfish 
specifications.
    Staff of the International Pacific Halibut Commission (IPHC) 
conducted an analysis of 1995 halibut viability data collected by NMFS-
certified observers during the period January 1 to May 6. The results 
of this analysis are presented in a report titled ``Halibut Discard 
Mortality Rates in the 1996 (BSAI) Pacific Cod Hook-and-Line Fishery: 
Results From Inseason Data Analysis'' (see Addresses). Results of this 
analysis indicate that a halibut discard mortality rate of 11.5 percent 
is more appropriate in estimating halibut bycatch mortality in the 1995 
BSAI hook-and-line fishery for Pacific cod than the 12.5 percent rate 
established in the final 1995 groundfish specifications (February 14, 
1995, 60 FR 8479). These 

[[Page 43580]]
results were based on data collected by 32 observers from 26 different 
vessels, which represented 60 percent of the groundfish catch in the 
BSAI Pacific cod hook-and-line gear fishery through early May. The 11.5 
percent discard mortality rate is a reduction from the 18 percent 
discard mortality rate previously estimated for this fishery based on 
observer data collected during 1992 and 1993. An estimate of the 1994 
discard mortality rate has not been completed, because final 1994 
observer data are not yet available. The IPHC believes that the 
apparent reduction in halibut discard mortality rates is a result of 
several factors. First, the hook-and-line gear fleet has gained a 
greater awareness of careful release procedures that increase survival 
rates of discarded halibut. In 1993, regulations at Sec. 675.7(m) were 
implemented to require vessels to follow careful release procedures (58 
FR 28799, May 17, 1993) and the hook-and-line industry has made an 
effort to inform vessel operators and crew of these mandatory 
requirements.
    Second, a greater number of vessels is using swivels where the 
gangion ties into the groundline or the gangion connects to the hook. 
The swivels help prevent halibut from twisting and winding the gangion 
around the groundline, thus providing greater movement of the halibut 
and enhancing a fish's ability to avoid sand flea predation. Observer 
data from 1995, as well as previous years, suggest that sand flea 
predation is a significant contributor to the overall mortality of 
halibut taken as bycatch in the hook-and-line gear fisheries.
    Third, the 1995 BSAI hook-and-line fleet participated in a 
voluntary program to monitor halibut discard mortality rates inseason 
on a vessel-by-vessel basis. This action provided feedback to the 
individual vessels when observer data suggested that bycatch halibut 
was improperly handled.
    At its June 1995 meeting, the Council reviewed the IPHC's analysis 
of 1995 observer data and recommended that NMFS reduce the discard 
mortality rate for the BSAI Pacific cod hook-and-line gear fishery from 
12.5 percent to 11.5 percent. NMFS concurs with the analytical results 
of the IPHC's assessment, as well as the Council's recommendation. 
Accordingly, NMFS proposes to revise Table 9 of the final 1995 
groundfish specifications published February 14, 1995 (60 FR 8479), as 
follows:

Table 9.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
                               During 1995                              
------------------------------------------------------------------------
                                                                Assumed 
                 Hook-and-line gear fisheries                  mortality
                                                               (percent)
------------------------------------------------------------------------
Rockfish.....................................................       24.0
Pacific cod..................................................       11.5
Greenland turbot.............................................       19.0
Sablefish....................................................       17.0
Trawl Gear Fisheries:                                                   
Midwater pollock.............................................       89.0
Non-pelagic pollock..........................................       77.0
Yellowfin sole...............................................       76.0
Rock sole, flathead sole, other flatfish.....................       75.0
Rockfish.....................................................       69.0
Pacific cod..................................................       65.0
Atka mackerel................................................       59.0
Arrowtooth...................................................       49.0
Greenland Turbot.............................................       48.0
Pot Gear Fisheries:                                                     
Pacific cod..................................................        8.0
------------------------------------------------------------------------

    NMFS proposes to recalculate the 1995 halibut bycatch mortality for 
the BSAI Pacific cod hook-and-line gear fishery using the 11.5 percent 
assumed discard mortality rate. Based on catch and observer data 
through mid-July 1995, the BSAI Pacific cod hook-and-line fleet has 
taken 3,613 metric tons (mt) of halibut bycatch. This equates to 452 mt 
bycatch mortality using the 12.5 percent mortality rate assumption and 
415 mt bycatch mortality using the 11.5 mortality rate assumption. 
Using this latter assumption, 310 mt of halibut mortality remains of 
the 725 mt halibut bycatch mortality allowance specified for this 
fishery in 1995.
    NMFS estimates that less than 2,200 mt of halibut bycatch will be 
taken by the Pacific cod hook-and-line gear fleet during the remainder 
of 1995 based on the assumption that 21,000 mt of groundfish may be 
harvested by this fleet during the remainder of 1995 at a halibut 
bycatch rate of 103.26 kg per mt of groundfish, as experienced in the 
1994 fall fishery. Given the projection for another 2,200 mt of halibut 
bycatch during the remainder of 1995, NMFS anticipates that an 
additional 253 mt of halibut bycatch mortality would result using the 
11.5 percent discard mortality rate, compared to 275 mt of halibut 
mortality, if a 12.5 percent discard mortality rate were used. Neither 
assumption for discard mortality rate would result in the attainment of 
the 725 mt halibut bycatch allowance before the amount of Pacific cod 
allocated to vessels using hook-and-line or pot gear is reached.

Classification

    This action is authorized under 50 CFR part 675.20 and is exempt 
from review under E.O. 12866.
    NMFS prepared an environmental assessment (EA) on the 1995 
groundfish specifications. The Assistant Administrator for Fisheries, 
NOAA, concluded that no significant impact on the environment will 
result from their implementation. A copy of the EA is available (see 
Addresses).

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

    Dated: August 16, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-20769 Filed 8-21-95; 8:45 am]
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