[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61213-61215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29104]



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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 675

[Docket No. 900833-1095; I.D. 111795B]


Groundfish of the Gulf of Alaska; Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area; Bycatch Rate Standards for the 
First Half of 1996

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 1996. 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 am, Alaska local time (A.l.t.), January 20, 
1996, through 12 midnight, A.l.t., June 30, 1996. Comments on this 
action must be received at the following address no later than 4:30 
p.m., A.l.t., December 28, 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. fishery at 50 CFR parts 672, 675, and 676. General regulations 
that also pertain to the U.S. fisheries appear at 50 CFR part 620. 

[[Page 61214]]

    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 rate 
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 groundfish fisheries are closed to trawling 
from January 1 to January 20 of each year (Secs. 672.23(e) and 
675.23(d), respectively), the Regional Director is promulgating bycatch 
rate standards for the first half of 1996 effective from January 20, 
1996, through June 30, 1996.
    At its September 1995 meeting, the Council reviewed halibut and red 
king crab bycatch rates experienced by vessels participating in the 
fisheries under the incentive program during 1992-1995. The Council 
also reviewed individual vessel performance during 1994 and 1995 
relative to specified bycatch rate standards. Based on this and other 
information presented below, the Council recommended halibut and red 
king crab bycatch rate standards for the first half of 1996. These 
standards are unchanged from those specified for the first half of 1994 
and 1995. The Council's recommended bycatch rate standards are listed 
in Table 1.

 Table 1.--Bycatch Rate Standards, by Fishery and Quarter (Qt), for the 
 First Half of 1996 for Purposes of the Vessel Incentive Program in the 
                              BSAI and GOA                              
------------------------------------------------------------------------
                                                                  1996  
                                                                bycatch 
                     Fishery and quarter                          rate  
                                                                standard
------------------------------------------------------------------------
Halibut bycatch rate standards (kilogram (kg) of halibut/metric ton (mt)
                          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/mt 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
------------------------------------------------------------------------

    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:
    (A) Previous years' average observed bycatch rates;
    (B) Immediately preceding season's average observed bycatch rates;
    (C) The bycatch allowances and associated fishery closures 
specified under Secs. 672.20(f) and 675.21;
    (D) Anticipated groundfish harvests;
    (E) Anticipated seasonal distribution of fishing effort for 
groundfish; and
    (F) Other information and criteria deemed relevant by the Director 
of the Alaska Region, NMFS (Regional Director).
    The recommended 1996 standards are based largely on anticipated 
seasonal fishing effort for groundfish species and 1992-1995 halibut 
and red king crab bycatch rates observed in the trawl fisheries 
included under the incentive program. The Council anticipates that the 
1996 prohibited species bycatch allowances, groundfish harvests, and 
seasonal distribution of fishing effort will be similar to 1995. Under 
this assumption, additional information considered by the Council when 
recommending the 1996 bycatch rate standards is discussed in the 
Federal Register publication of the bycatch rate standards for the 
first half of 1995 (60 FR 2905, January 12, 1995).

Bycatch Rate Standards for Pacific Halibut

    As in past years, 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 nonpelagic trawl gear.
    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 5 years. During the first and second quarters of 1995, the 
average halibut bycatch rates in this fishery were 1.95 and 6.82 kg 
halibut/mt groundfish, respectively. As in past years, the directed 
fishing allowances specified for the 1996 pollock roe or ``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).
    Data available on halibut bycatch rates in the yellowfin sole 
fishery during the first and second quarters of 1995 showed an average 
bycatch rate of about 3.67 and 4.00 kg halibut/mt of groundfish, 
respectively. As in past years, the Council has presumed that a bycatch 
rate standard of 5.0 kg halibut/mt of groundfish for the yellowfin sole 
fishery will continue to encourage vessel operators to take action to 
avoid excessively high bycatch rates of halibut.
    A 30 kg halibut/mt of groundfish bycatch rate standard was 
recommended for the BSAI ``other trawl'' fishery. This standard is 
unchanged since 1992. The Council recommended a 40 kg halibut/mt of 

[[Page 61215]]
groundfish bycatch rate standard for the GOA ``other trawl'' fishery, 
which is unchanged from 1994. The reasons for these bycatch rate 
standards are discussed in the January 12, 1995, publication of bycatch 
rate standards (60 FR 2905). Observer data collected from the 1995 BSAI 
``other trawl'' fishery show first and second quarter halibut bycatch 
rates of 11 and 17 kg halibut/mt of groundfish, respectively. Observer 
data collected from the 1995 GOA ``other trawl'' fishery show first and 
second quarter halibut bycatch rates of 17 and 64 kg halibut/mt of 
groundfish, respectively. At its September 1995 meeting, the Council's 
Advisory Panel had recommended the halibut bycatch rate standard for 
the GOA ``other trawl'' fishery be increased to 50 kg halibut/mt 
groundfish in consideration of the average second quarter rate 
experienced by that fishery in 1995. However, the Council recommended 
that the bycatch rate standards remain unchanged from 40 kg halibut/mt 
groundfish to maintain a stronger incentive for GOA trawl vessels to 
take action to avoid unacceptably high bycatch rates. Unlike the second 
quarter of 1995, the average bycatch rates experienced by vessels 
participating in the GOA and BSAI ``other trawl'' fisheries generally 
have been lower than the Council's recommended bycatch rate standards 
for these fisheries. 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 those 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 
becomes available that would provide a basis for bycatch rate standards 
for vessels using large mesh trawl gear.

Bycatch Rate Standards for Red King Crab

    The Council's recommended red king crab bycatch rate standard for 
the BSAI 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 1996. This standard is unchanged since 1992. A discussion of the 
justification for this bycatch rate standard is presented in the 
January 12, 1995, publication of bycatch rate standards for the first 
half of 1995 (60 FR 2905). The red king crab bycatch rates experienced 
by the yellowfin sole and the ``other trawl'' fisheries in Zone 1 
during the first quarter of 1995 averaged about 0.30 and 0.32 crab/mt 
of groundfish, respectively. The bycatch rates of red king crab 
experienced in these two fisheries during the second quarter of 1995 
were reduced significantly (0.02 and 0 crab/mt groundfish, 
respectively). This reduction was attributed primarily to closure of 
Zone 1 to the yellowfin sole fishery on April 4, 1995, and to the 
Pacific cod trawl fishery on March 30, 1995, due to the attainment of 
Zone 1 C. bairdi Tanner crab bycatch allowances. The BSAI also was 
closed to the rock sole/flathead sole/other flatfish fisheries on 
February 21 until March 30 and April 17 until July 1 due to the 
attainment of seasonal halibut bycatch allowances. The total bycatch of 
red king crab by vessels participating in the 1995 yellowfin sole and 
``other trawl'' fisheries is estimated at about 30,000 crab, or about 
15 percent of the 200,000 red king crab bycatch limit established for 
the trawl fisheries in Zone 1. The 1995 bycatch amounts of red king 
crab are reduced substantially from those experienced in 1995 (244,634 
crab). This reduction is due primarily to an emergency rule closure in 
1995 of an area within Zone 1 to reduce red king crab bycatch rates in 
the trawl fisheries (60 FR 4866, January 25, 1995). At its September 
1995 meeting, the Council adopted an amendment to the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Islands Area that, if approved by NMFS, would implement a 
similar trawl closure on a permanent basis. For 1996, NMFS intends to 
pursue the Council's recommendation for a trawl closure to reduce red 
king crab bycatch rates through an inseason closure action. NMFS 
expects that the 1996 red king crab bycatch rates in Zone 1 will be 
similar to those experienced in 1995. In anticipation that red king 
crab bycatch allowances will not be exceeded in 1996 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.
    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 1996 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 1996 fishing months are specified as the 
following periods for purposes of calculating vessel bycatch rates 
under the incentive program:

Month 1: January 1 through February 3;
Month 2: February 4 through March 2;
Month 3: March 3 through March 30;
Month 4: March 31 through April 27;
Month 5: April 28 through June 1;
Month 6: June 2 through June 29;
Month 7: June 30 through August 3;
Month 8: August 4 through August 31;
Month 9: September 1 through September 28;
Month 10: September 29 through November 2;
Month 11: November 3 through November 30; and
Month 12: December 13 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.

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

    Dated: November 22, 1995.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 95-29104 Filed 11-28-95; 8:45 am]
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