[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Proposed Rules]
[Pages 61514-61522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29263]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 611, 672, and 676
[Docket No. 95111 3267-5267-01; I.D. 110295B]
Groundfish of the Gulf of Alaska; Limited Access; Foreign
Fishing; Proposed 1996 Harvest Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 1996 initial specifications for groundfish;
apportionment of reserves; request for comments.
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SUMMARY: NMFS proposes initial harvest specifications for groundfish
and associated management measures in the Gulf of Alaska (GOA) for the
1996 fishing year. This action is necessary to carry out management
objectives contained in the Fishery Management Plan for Groundfish of
the Gulf of Alaska (FMP).
DATES: Comments must be received by Decemberr 29, 1995.
ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, National Marine Fisheries Service,
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel.
The preliminary Stock Assessment and Fishery Evaluation (SAFE)
Report, dated September 1995, is available from the North Pacific
Fishery Management Council, 605 W. 4th Ave Suite 306, Anchorage, AK
99501-2252.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The domestic and foreign groundfish fisheries in the exclusive
economic zone of the GOA are managed by NMFS according to the Fishery
Management Plan for Groundfish of the Gulf of Alaska. The FMP was
prepared by the North Pacific Fishery Management Council (Council)
under the authority of the Magnuson Fishery Conservation and Management
Act. The FMP is implemented by regulations for the foreign fishery at
50 CFR part 611 and for the U.S. fisheries at 50 CFR parts 672, 676,
and 677. General regulations that also pertain to the U.S. fisheries
appear at 50 CFR part 620.
This action proposes for the 1996 fishing year: (1) Specifications
of total allowable catch (TAC) for each groundfish target species
category in the GOA and apportionments thereof among domestic annual
processing (DAP), joint venture processing (JVP), total allowable level
of foreign fishing (TALFF), and reserves; (2) apportionments of
reserves to DAP; (3) apportionments of the sablefish TAC to vessels
using hook-and-line and trawl gear; (4) apportionments of pollock and
Pacific cod TAC; (5) ``other species'' TAC; (6) halibut prohibited
species catch (PSC) limits; and (7) fishery and seasonal allocations of
the halibut PSC limits.
Comments on the proposed 1996 specifications and proposed
apportionments of reserves are invited from the public through December
29, 1995. After again consulting with the Council, NMFS will publish
final specifications for the 1996 fishing year in the Federal Register.
Regulations at Sec. 672.20(c)(1)(ii)(A) require that one-fourth of
the preliminary or proposed specifications (not including the reserves
and the first quarterly allowance of pollock), one-fourth of the
inshore and offshore allocations of Pacific cod in each regulatory
area, and one-fourth of the halibut PSC amounts become effective at
0001 hours, Alaska local time, January 1, on an interim basis, and
remain in effect until superseded by the final harvest specifications.
NMFS is publishing, in the Rules and Regulations section of this
Federal Register issue, interim TAC specifications and apportionments
thereof for the 1996 fishing year that will become available 0001
hours, A.l.t., January 1, 1996, and remain in effect until superseded
by the final 1996 harvest specifications.
1. Proposed Establishment of TAC Amounts and Apportionments Thereof
Among DAP, JVP, TALFF, and Reserves
Under Sec. 672.20(c)(1)(ii), NMFS, after consultation with the
Council, publishes in the Federal Register proposed specifications of
annual TAC
[[Page 61515]]
amounts. These proposed specifications indicate apportionments of TAC
amounts among DAP, JVP, TALFF, and reserves for each target species and
the ``other species'' category. The sum of the TAC amounts for all
species must fall within the combined optimum yield (OY) range, of
116,000-800,000 metric tons (mt), established for these species.
Species TAC amounts are apportioned initially among DAP, JVP,
TALFF, and reserves under Secs. 611.92(c)(1) and 672.20(a)(2). DAP
amounts are intended for harvest by U.S. fishermen for delivery and
sale to U.S. processors. JVP amounts are intended for joint ventures in
which U.S. fishermen deliver their catches to foreign processors at
sea. TALFF amounts are intended for harvest by foreign fishermen.
Existing harvesting and processing capacity of the U.S. industry is
capable of utilizing the entire 1996 TAC specification for GOA
groundfish. Therefore, the Council recommended that DAP equal TAC for
each species category, resulting in no proposed amounts of TALFF or JVP
for the 1996 fishing year.
The reserves for the GOA are 20 percent of the TAC amounts for
pollock, Pacific cod, flatfish target species categories, and ``other
species.'' If necessary, these reserve amounts may be set aside for
possible apportionment to DAP and/or to JVP if the initial
apportionments prove inadequate. Reserves that are not apportioned to
DAP or JVP may be reapportioned to TALFF. The GOA groundfish TAC
amounts have been utilized fully by DAP since 1987, and NMFS expects
the same to occur in 1996. Therefore, NMFS proposes apportionment of
all the reserves to DAP.
The Council met from September 27 through October 2, 1995, to
review scientific information concerning groundfish stocks. The
preliminary SAFE Report, dated September 1995, prepared and presented
to the Council by the GOA Plan Team (Plan Team), summarizes the best
available scientific information.
The September 1995 SAFE Report contains updated stock assessments
for pollock, Pacific cod, Pacific ocean perch (POP), thornyhead, and
Atka mackerel. New assessments were not available for the flatfish
groups (deep-water flatfish, shallow-water flatfish, rex sole, flathead
sole, and arrowtooth flounder), shortraker/rougheye rockfish, other
slope rockfish, northern rockfish, and pelagic shelf rockfish. Survey
information will be available for incorporation into assessments of
sablefish and demersal shelf rockfish (DSR) for the final SAFE Report
issued in November. Details of the assessments can be found in the
September 1995 SAFE Report.
The Council's proposed 1996 acceptable biological catch (ABC)
amounts for pollock, Pacific cod, and thornyhead are reduced from the
1995 ABC levels specified for these species; whereas the 1996 ABC for
POP increased from 1995. The proposed 1996 ABC amounts, as recommended
by the Council, for all other species or species groups remained
unchanged from 1995.
The Plan Team recommended a range of ABC amounts for pollock,
35,800-52,700 mt. These ABC amounts are lower than the 1995 ABC
amounts. The lower end of the range was an ABC based on the fishing
mortality rate that produced a minimal (5 percent) probability of
falling below the threshold spawner biomass level in the long-term
(34,000 mt for the Western and Central Regulatory Areas). The upper end
of the range reflects an optimal fishing mortality rate that maximizes
yield and minimizes risk of falling below the threshold spawner biomass
level. The stock biomass for pollock has been in a declining trend for
a number of years; however, biomass is expected to increase following
recruitment of the strong 1994 year class. Considering the projected
improvements in stock biomass, the Scientific and Statistical Committee
(SSC) chose the upper end of the Plan Team's recommended range for ABC.
The Council accepted the SSC's recommendation.
The Plan Team also presented a range of ABC values for Pacific cod,
from 65,000 to 110,000 mt. The SSC chose the lower end of the range,
because the stock has been declining since 1987, and because recent
recruitment levels appear to be below normal. The Council concurred
with the SSC's recommendation.
An updated model for POP produced a 1996 ABC of 10,165 mt, an
increase of 2,935 mt over the analysts' estimated ABC for 1995. As in
previous years, the ABC equals the overfishing level. The Plan Team
reduced this number further (to 8,060 mt) to create a buffer between
the overfishing level and the ABC. The SSC does not agree with this
adjustment and recommended that ABC equal overfishing. The Council
accepted the Plan Team recommendation and set the 1996 ABC at 8,060 mt.
The TAC amount for POP is set by the POP rebuilding plan algorithm
(Amendment 32 to the FMP). The SSC also recommended that the analysts
explore the feasibility of running the stock assessment model
separately for the Western/Central and the Eastern Regulatory Area,
providing two ABC amounts for POP in the Gulf.
An updated analysis was presented for thornyhead rockfish, which
resulted in a 1996 ABC recommendation of 1,560 mt, somewhat lower than
the 1995 ABC amount of 1,900 mt. The differences from 1995 are
attributable to the inclusion of new data for 1982 and 1983, and
correcting 1978 and 1979 hook-and-line data that were previously
attributed to trawl gear.
The Plan Team recommended an ABC for sablefish of 18,700 mt, which
is reduced from the 1995 ABC to reflect model projections of reduced
1996 biomass. However, the SSC recommended that the 1995 ABC (21,500
mt) be used for the preliminary 1996 ABC, until the 1996 longline
survey data can be incorporated into the stock assessment analysis in
November.
The stock assessment for Atka mackerel was also updated for 1996 to
include 1994 catch data and maturity at length/age data. From the new
analysis the Plan Team recommended a 1996 ABC of 6,480 mt. The SSC,
however, recommended reducing the Plan Team's ABC by one-half, to 3,240
mt, which is equal to the 1995 ABC. This conservative approach is
recommended because of the uncertainty in the abundance of Atka
mackerel and because of concerns for marine mammals. Atka mackerel is
an important prey species for sea lions and occurs in abundance near
sea lion rookeries.
The Plan Team recommended that dusky rockfish (Sebastes ciliatus)
be separated from the other species in the pelagic shelf rockfish
assemblage. The SSC requested that the Plan Team provide a more
extensive report on the management and stock assessment alternatives
and recommends that the Council proceed with the development of a plan
amendment analyzing management alternatives for pelagic shelf rockfish.
However, the Council did not make a recommendation at this time.
The total ABC amount recommended by the SSC and accepted by the
Council was 477,110 mt.
The total TAC amount recommended by the Advisory Panel (AP) was
267,917 mt. The AP recommended 1996 TAC amounts equal to the 1996 ABC
amounts, as recommended by the SSC, for all species except the flatfish
groups (deep-water flatfish, shallow-water flatfish, rex sole, flathead
sole, and arrowtooth flounder) and POP. For the flatfish groups the AP
recommended a 1996 TAC that was equal to the 1995 TAC amount. The TAC
for POP is established by an algorithm in the POP
[[Page 61516]]
Rebuilding Plan and is calculated for 1996 at 6,959 mt.
The Council noted its intent to reduce the proposed TAC for other
slope rockfish (7,110 mt) at the Council's December 1995 meeting. This
action would be recommended to prevent a directed fishery for this
species group while adequately providing for bycatch needs in other
fisheries.
The Council has requested an analysis of alternatives to modify the
POP Rebuilding Plan such that the stated algorithm for determining the
TAC is an upper-bound limit. Final action will be taken by the Council
on this analysis at its December 1995 meeting. Should the Council
choose to implement an amendment to establish the POP TAC algorithm as
an upper bound limit, those changes would not occur prior to
publication of the final TAC amounts. Therefore, any potential changes
in the POP TAC would occur through a separate specification notice.
The Council considered information in the SAFE Report,
recommendations from its SSC and its AP, as well as public testimony.
The Council then accepted the ABC amounts as recommended by the SSC,
except for POP for which the Council accepted the Plan Team's
recommendation. The Council accepted the TAC amounts as recommended by
the AP.
The proposed 1996 ABC amounts and TAC amounts, as well as the ABC
and TAC apportionments, are shown in Table 1.
Table 1.--Proposed 1996 ABC Amounts, Proposed TAC Amounts, and DAPs of Groundfish for the Western/Central (W/C),
Western (W), Central (C), and Eastern (E) Regulatory Areas and in the West Yakutat (WYak), Southeast Outside
(SEO), and Gulfwide (GW) Districts of the Gulf of Alaska.1,2,3
[Amounts are in metric tons]
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Species Area ABC TAC=DAP
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Pollock: \4\
W (61) 24,500 24,500
C (62) 12,500 12,500
C (63) 13,000 13,000
Subtotal................................ W/C *50,000 *50,000
-------------------------------
E *2,700 *2,700
Total................................... ................................ 52,700 52,700
===============================
Pacific cod: \5\
Inshore................................... W .............. 16,965
Offshore.................................. W .............. 1,885
Inshore................................... C .............. 38,610
Offshore.................................. C .............. 4,290
Inshore................................... E .............. 2,925
Offshore.................................. E .............. 325
Subtotal................................ W 18,850 *18,850
C 42,900 *42,900
E 3,250 *3,250
-------------------------------
Total................................... ................................ 65,000 65,000
===============================
Flatfish, Deep-water: \6\
W 670 460
C 8,150 7,500
E 5,770 3,120
-------------------------------
Total................................... ................................ 14,590 11,080
===============================
Rex sole:
W 1,350 800
C 7,050 7,050
E 2,810 1,840
-------------------------------
Total................................... ................................ 11,210 9,690
===============================
Flathead sole:
W 26,280 2,000
C 23,140 5,000
E 2,850 2,740
-------------------------------
Total................................... ................................ 52,270 9,740
===============================
Flatfish, Shallow-water: \7\
W 8,880 4,500
C 17,170 12,950
E 2,740 1,180
-------------------------------
Total................................... ................................ 28,790 18,630
===============================
Arrowtooth flounder:
W 28,400 5,000
[[Page 61517]]
C 141,290 25,000
E 28,440 5,000
-------------------------------
Total................................... ................................ 198,130 35,000
===============================
Sablefish: \8\
W 2,600 2,600
C 8,600 8,600
WY 4,100 4,100
SEO 6,200 6,200
-------------------------------
Total................................... ................................ 21,500 21,500
===============================
Pacific ocean perch: \9\
W 1,460 1,260
C 3,860 3,333
E 2,740 2,366
-------------------------------
Total................................... ................................ 8,060 6,959
===============================
Shortraker/rougheye: \10\
W 170 170
C 1,210 1,210
E 530 530
-------------------------------
Total................................... ................................ 1,910 1,910
===============================
Rockfish, other: 11, 12
W 180 180
C 1,170 1,170
E 5,760 5,760
-------------------------------
Total................................... ................................ 7,110 7,110
===============================
Rockfish, northern: \13\
W 640 640
C 4,610 4,610
E 20 20
-------------------------------
Total................................... ................................ 5,270 5,270
===============================
Rockfish, pelagic shelf: \14\
W 910 910
C 3,200 3,200
E 1,080 1,080
-------------------------------
Total................................... ................................ 5,190 5,190
===============================
Demersal shelf rockfish: \15\
SEO 580 580
Thornyhead rockfish:
GW 1,560 1,560
Atka mackerel:
W 2,310 2,310
C 925 925
E 5 5
-------------------------------
Total................................... ................................ 3,240 3,240
===============================
Other species \16\............................ ................................ \17\ NA 12,758
GOA Total............................... ................................ \18\ 477,110 267,917
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*Amounts that are subtotals and are not additive.
1 See Sec. 672.2 for definitions of regulatory area, regulatory district, and statistical area.
2 Amounts specified as joint venture processing (JVP) and total allowable level of foreign fishing (TALFF) are
proposed to be zero and are not shown in this table.
3 Reserves are proposed to be apportioned to DAP and are reflected in the proposed TAC amounts.
[[Page 61518]]
4 Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3),
each of which is further divided into equal quarterly allowances. In the Eastern Regulatory Area, pollock is
not divided into quarterly allowances.
5 Pacific cod is allocated 90 percent to the inshore, and 10 percent to the offshore component. Component
allowances are shown in Table 4.
6 ``Deep-water flatfish'' means Dover sole and Greenland turbot.
7 ``Shallow water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rexsole, or
arrowtooth flounder.
8 Sablefish is allocated to trawl and hook-and-line gears (Table 2).
9 ``Pacific ocean perch'' means Sebastes alutus.
10 ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).
11 ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means
slope rockfish.
12 ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S.
goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegateu (harlequin), S.
wilsoni (pygmy), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis
(silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S. babcocki
(redbanded), and S. reedi (yellowmouth).
13 ``Northern rockfish'' means Sebastes polyspinis.
14 ``Pelagic shelf rockfish'' includes Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S.
entomelas (widow), and S. flavidus (yellowtail).
15 ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S.
maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
16 ``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC
for ``other species'' equals 5 percent of the TAC amounts of target species.
17 NA=not applicable
18 The total ABC reflects the sum of the ABC amounts for target species.
2. Proposed Apportionment of Reserves to DAP
Regulations implementing the FMP that require 20 percent of each
TAC for pollock, Pacific cod, flatfish species, and the ``other
species'' category be set aside in reserves for possible apportionment
at a later date (Sec. 672.20(a)(2)(ii)). Consistent with
Sec. 672.20(a)(2)(iii), NMFS is proposing to apportion the 1996
reserves for each of the four species categories to DAP, because
domestic harvesters and processors have established markets for these
species and should be provided the opportunity to realize revenues from
the harvest of the full DAP amounts so specified. Specifications of DAP
shown in Table 1 reflect apportioned reserves.
3. Proposed Apportionment of the Sablefish TAC Amounts to Users of
Hook-and-Line and Trawl Gear
Under Sec. 672.24(c), sablefish TAC amounts for each of the
regulatory areas and districts are assigned to hook-and-line and trawl
gear. In the Central and Western Regulatory Areas, 80 percent of the
TAC amounts is allocated to hook-and-line gear and 20 percent is
allocated to trawl gear. In the Eastern Regulatory Area, 95 percent of
the TAC is assigned to hook-and-line gear and 5 percent is assigned to
trawl gear. The trawl gear allocation in the Eastern Regulatory Area
may only be used as bycatch to support directed fisheries for other
target species. Sablefish caught in the GOA with gear other than hook-
and-line or trawl must be treated as prohibited species and may not be
retained. Table 2 shows the assignments of the proposed 1996 sablefish
TAC amounts between hook-and-line and trawl gears.
Table 2.--Proposed 1996 Sablefish TAC Specifications in the Gulf of Alaska and Assignments Thereof to Hook-and-
Line and Trawl Gear. Values are in Metric Tons
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Hook-and-line
Area/District TAC share Trawl share
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Western......................................................... 2,600 2,080 520
Central......................................................... 8,600 6,880 1,720
Eastern:
West Yakutat................................................ 4,100 3,895 205
Southeast Outside........................................... 6,200 5,890 310
-----------------------------------------------
Total..................................................... 21,500 18,745 2,755
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4. Proposed Apportionments of Pollock and Pacific Cod TAC Amounts
In the GOA, pollock is apportioned by area and season. Regulations
at Sec. 672.20(a)(2)(iv) require that the TAC for pollock in the
combined Western/Central (W/C) Regulatory Areas be apportioned among
statistical areas Shumagin (61), Chirikof (62), and Kodiak (63) in
proportion to known distribution of the pollock biomass. This measure
was intended to provide spatial distribution of the pollock harvest as
a sea lion protection measure. Each statistical area apportionment is
further divided equally into the 4 calendar quarters. Within any
fishing year, any unharvested amount of any quarterly allowance of
pollock TAC is added in equal proportions to the quarterly allowances
of the following quarters, resulting in a sum for each quarter not to
exceed 150 percent of the initial quarterly allowance.
Similarly, harvests in excess of a quarterly allowance of TAC are
deducted in equal proportions from the remaining quarterly allowances
of that fishing year. The Eastern Regulatory Area proposed TAC of 2,700
mt is not allocated among smaller areas, or quarterly.
Regulations at Sec. 672.20(a)(2)(v)(A) require that the DAP
apportionment for pollock in all regulatory areas and all quarterly
allowances thereof be divided into inshore and offshore components.
Similarly regulations at Sec. 672.20(a)(2)(v)(B) require that the DAP
apportionment of Pacific cod in all regulatory areas be divided into
inshore and offshore components, although these regulations are
scheduled to expire at the end of 1995. Amendment 40 to the FMP, if
approved, would authorize continued apportionment of the pollock and
Pacific cod TAC amounts between the inshore and offshore components.
NMFS has published a notice of proposed rulemaking in the Federal
Register (60 FR 48087; September 18, 1995) to continue the existing
regulations. For
[[Page 61519]]
purposes of this notice of proposed specifications, the percentage of
the TAC apportioned to the inshore and offshore sectors is as set out
in that notice of proposed rulemaking. If Amendment 40 is not approved,
the 1996 final specifications will be revised accordingly. For purposes
of this action, the inshore component would be apportioned 100 percent
of the pollock TAC in each regulatory area after subtraction of amounts
that are determined by the Director, Alaska Region, NMFS (Regional
Director) to be necessary to support the bycatch needs of the offshore
component in directed fisheries for other groundfish species. At this
time, these bycatch amounts are unknown and will be determined during
the fishing year. The proposed distribution of pollock within the
combined W/C Regulatory Areas is shown in Table 3, except that inshore
and offshore component apportionments of pollock are not shown.
The inshore component for Pacific cod would be apportioned equal to
90 percent of the TAC in each regulatory area. Inshore and offshore
component allocations of the proposed 65,000 mt TAC for each regulatory
area are shown in Table 4.
Table 3.--Proposed Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf Of Alaska (W/
C GOA); Biomass Distribution, Area Apportionments, and Quarterly Allowances. ABC for the W/C GOA Is Proposed To
Be 50,000 metric tons (mt). Biomass Distribution Is Based on 1993 Survey Data. TAC Amounts Are Equal to ABC.
Inshore and Offshore Allocations of Pollock Are Not Shown. ABC Amounts and TAC Amounts Are Rounded to the
Nearest 10 mt
----------------------------------------------------------------------------------------------------------------
Quarterly
Statistical area Biomass percent 1996 ABC=TAC allowance
----------------------------------------------------------------------------------------------------------------
Shumagin (61).................................................. 49 24,500 6,125
Chirikof (62).................................................. 24.7 12,500 3,125
Kodiak (63).................................................... 26.3 13,000 3,250
------------------------------------------------
Total.................................................... 100 50,000 12,500
----------------------------------------------------------------------------------------------------------------
Table 4.--Proposed 1996 Allocation (Metric Tons) of Pacific Cod in the Gulf of Alaska; Allocations to Inshore
and Offshore Components.
----------------------------------------------------------------------------------------------------------------
Component allocation
Regulatory area TAC -------------------------------
Inshore (90%) Offshore (10%)
----------------------------------------------------------------------------------------------------------------
Western......................................................... 18,850 16,965 1,885
Central......................................................... 42,900 38,610 4,290
Eastern......................................................... 3,250 2,925 325
Total..................................................... 65,000 58,500 6,500
----------------------------------------------------------------------------------------------------------------
5. ``Other Species'' TAC
The FMP specifies that amounts for the ``other species'' category
are calculated as 5 percent of the combined TAC amounts for target
species. The GOA-wide ``other species'' TAC is calculated as 12,758 mt,
which is 5 percent of the sum of combined TAC amounts for the target
species.
6. Proposed Halibut PSC Mortality Limits
Under Sec. 672.20(f), annual Pacific halibut PSC mortality limits
are established for trawl and hook-and-line gear and may be established
for pot gear. At its September meeting, the Council recommended that
NMFS re-establish the PSC limits of 2,000 mt for the trawl fisheries
and 300 mt for the hook-and-line fisheries, with 10 mt of the hook-and-
line limit allocated to the DSR fishery in the Southeast Outside
District and remainder to the other hook-and-line fisheries.
Regulations at Sec. 672.20(f)(1)(ii) authorize exemption of
specified non-trawl fisheries from the halibut PSC limit. As in 1995,
the Council proposes to exempt pot gear and the hook-and-line sablefish
fishery from the non-trawl halibut limit for 1996. The Council proposed
these exemptions because of the low halibut bycatch mortality
experienced in the pot gear fisheries (16 mt in 1995) and because of
the 1995 implementation of the sablefish and halibut Individual Fishing
Quota (IFQ) program, which would allow legal-sized halibut to be
retained in the sablefish fishery. The trawl fishery apportionment of
the 1996 halibut bycatch mortality limit (2,000 mt) remains unchanged
from 1995. Under Sec. 672.20(f)(1)(i)(B) the trawl halibut bycatch
mortality limit is apportioned between trawl fisheries for deep-water
and shallow-water species. These apportionments are divided seasonally
to avoid seasonally high halibut bycatch rates.
NMFS preliminarily concurs in the Council's 1996 recommendations
for halibut bycatch limits and apportionments (Table 5). Some changes
may be made in the seasonal, gear type and fishing-complex
apportionments of halibut PSC limits for the final 1996 specifications.
NMFS considers the following types of information as presented by, and
summarized from, the preliminary 1995 SAFE Report, or from public
comment and testimony.
[[Page 61520]]
Table 5.--Proposed 1996 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC
Limit for Hook-and-Line Gear Is Allocated to the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than
DSR. Values Are in Metric Tons
----------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear
----------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Dates Amount ------------------------------------------------------------------
Dates Amount Dates Amount
----------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31................. 600 (30%) Jan 1-May 14.... 242 (83%) Jan 1-Dec 31... 10 (100%)
Apr 1-Jun 30................. 400 (20%) May 15-Aug 31... 29 (10%) ............... ..............
Jul 1-Sep 30................. 600 (30%) Sep 1-Dec 31.... 19 (6.5%) ............... ..............
Oct 1-Dec 31................. 400 (20%) ................ .............. ............... ..............
Total.................. 2,000 (100%) ................ 290 (100%) ............... 10 (100%)
----------------------------------------------------------------------------------------------------------------
(A) Estimated Halibut Bycatch in Prior Years
The best available information on estimated halibut bycatch is
available from data collected in 1995 by NMFS-certified observers. The
calculated halibut bycatch mortality by trawl, hook-and-line, and pot
gear through October 7, 1995, is 1,561 mt, 354 mt, and 16 mt,
respectively, for a total of 1,931 mt. Halibut bycatch restrictions
seasonally constrained trawl gear fisheries during the first, second,
and third quarters of the fishing year and are anticipated to constrain
trawl gear fisheries during the fourth quarter. Trawling for the deep-
water fishery complex was closed during the first quarter on March 27
(60 FR 16587; March 31, 1995), for the second quarter on April 22 (60
FR 20658; April 27, 1995) and for the third quarter on July 21 (60 FR
37601, July 21, 1995). The shallow-water fishery complex was closed in
the second quarter on May 8 (60 FR 25623, May 12, 1995) and in the
third quarter on July 17 (60 FR 37600, July 21, 1995). The amount of
groundfish that might have been harvested if halibut had not been
seasonally limiting in 1995 is unknown. However, lacking market
incentives, some amounts of groundfish will not be harvested,
regardless of halibut PSC bycatch availability.
(B) Expected Changes in Groundfish Stocks
At its September 1995 meeting, the Council recommended lower 1996
ABC amounts than 1995 ABC amounts for pollock, Pacific cod and
thornyhead rockfish. A higher 1996 ABC than the 1995 ABC was
recommended for POP.
The 1996 ABC amounts for the remaining species or species groups
remain unchanged from 1995 levels. More information on these proposed
changes is included in the preliminary SAFE Report, dated September
1995, and in the AP, SSC, and Council minutes from the September 1995
meeting.
(C) Expected Changes in Groundfish Catch
The total of the proposed 1996 TAC amounts for the GOA is 267,917
mt, which represents 96 percent of the sum of TAC amounts for 1995
(279,463 mt). Significant changes in TAC amounts for pollock, Pacific
cod, and POP are proposed. POP is the only species for which a TAC was
specified that is higher in 1996 than in 1995. This increase should not
directly affect halibut bycatch.
(D) Current Estimates of Halibut Biomass and Stock Condition
The stock assessment for 1995 conducted by the International
Pacific Halibut Commission (IPHC) indicates that the total exploitable
biomass of Pacific halibut in the GOA is approximately 166.9 million
lbs. This represents a decline in biomass of approximately 16 percent
from the previous stock assessment, a rate that is higher than the 5-15
percent annual decline observed in previous years. The low recruitment
of recent years indicates that the stock will continue its decline at a
rate of about 10-15 percent per year over the next several years.
(E) Potential Impacts of Expected Fishing for Groundfish on Halibut
Stocks and U.S. Halibut Fisheries
Halibut fisheries will be adjusted to account for the overall
halibut PSC mortality limit established for groundfish fisheries. The
1996 groundfish fisheries are expected to use the entire proposed
halibut PSC limit of 2,300 mt. The allowable directed commercial catch
is determined by accounting for the recreational catch, waste, and
bycatch mortality, and then providing the remainder to the directed
fishery. Groundfish fishing is, therefore, not expected to affect the
halibut stocks.
(F) Methods Available for, and Costs of, Reducing Halibut Bycatches in
Groundfish Fisheries
Methods available for reducing halibut bycatch include (1) reducing
halibut bycatch rates through a Vessel Incentive Program; (2)
modifications to gear; (3) changes in groundfish fishing seasons; (4)
individual transferable quota programs, designed to reduce the derby-
style fishing; and (5) time/area closures.
Reductions in groundfish TAC amounts provide no incentives for
fishermen to reduce bycatch rates. Costs that would be imposed on
fishermen as a result of reducing TAC amounts depend on species and
amounts of groundfish foregone.
Trawl vessels carrying observers for purposes of complying with the
observer coverage requirements (50 CFR 677.10) are subject to the
Vessel Incentive Program. The program encourages trawl fishermen to
avoid high halibut bycatch rates while conducting groundfish fisheries
by specifying bycatch rate standards for various target fisheries.
Current regulations require groundfish pots to have halibut
exclusion devices to reduce halibut bycatches. Resulting low bycatch
and mortality rates of halibut in pot fisheries have justified
exempting pot gear from PSC limits.
The regulations also define pelagic trawl gear in a manner intended
to reduce bycatch of halibut by displacing fishing effort off the
bottom of the sea floor when certain halibut bycatch levels are reached
during the fishing year. The definition provides standards for physical
conformation (Sec. 672.2) and also for performance of the trawl gear in
terms of crab bycatch (Sec. 672.7(m)). Furthermore, all hook-and-line
vessel operators are required to employ careful release measures when
handling halibut bycatch. This measure is intended to reduce handling
mortality, increase the amount of groundfish harvested under
[[Page 61521]]
the available halibut mortality bycatch limits, and possibly lower
overall halibut bycatch mortality in groundfish fisheries.
The sablefish/halibut IFQ program (implemented in 1995) was
intended, in part, to reduce the halibut discard mortality in the
sablefish fishery.
Methods available for reducing halibut bycatch listed above will be
reviewed by NMFS and the Council to determine their effectiveness.
Changes will be initiated, as necessary, in response to this review or
to public testimony and comment.
Consistent with the goals and objectives of the FMP to reduce
halibut bycatches while providing an opportunity to harvest the
groundfish OY, NMFS proposes the assignments of 2,000 mt and 300 mt of
halibut PSC mortality limits to trawl and hook-and-line gear,
respectively. While these limits would reduce the harvest quota for
commercial halibut fishermen, NMFS has determined that they would not
result in unfair allocation to any particular user group. NMFS
recognizes that some halibut bycatch will occur in the groundfish
fishery, but the Vessel Incentive Program, required modifications to
gear, and implementation of the IFQ program are intended to reduce
adverse impacts on halibut fishermen while promoting the opportunity to
achieve the OY from the groundfish fishery.
7. Proposed Seasonal Allocations of the Halibut PSC Limits
Under Sec. 672.20(f)(1)(iii), NMFS proposes to allocate seasonally
the halibut PSC limits after receiving recommendations from the
Council. The FMP requires that the following information be considered
by the Council in recommending seasonal allocations of halibut: (1)
Seasonal distribution of halibut, (2) seasonal distribution of target
groundfish species relative to halibut distribution, (3) expected
halibut bycatch needs on a seasonal basis relevant to changes in
halibut biomass and expected catches of target groundfish species, (4)
expected bycatch rates on a seasonal basis, (5) expected changes in
directed groundfish fishing seasons, (6) expected actual start of
fishing effort, and, (7) economic effects of establishing seasonal
halibut allocations on segments of the target groundfish industry.
The Council recommended the same seasonal allocation of PSC limits
for the 1996 fishing year as those in effect during the 1995 fishing
year. The publication of the final 1995 initial groundfish and PSC
specifications (60 FR 8470, February 14, 1995) summarizes Council
findings with respect to each of the FMP considerations set forth
above. At this time, the Council's findings are unchanged from those
set forth for 1995.
Pacific halibut PSC catch limits, and apportionments thereof, are
presented in Table 5. The regulations specify that any overages or
shortfalls in PSC catches will be accounted for within the 1996 season.
The Council did not recommend changes in the seasonal apportionments
for the hook-and-line gear fisheries from those specified in 1995.
Regulations at Sec. 672.20(f)(1) authorize apportionments of the
trawl halibut PSC limit allowance as bycatch allowances to a deep-water
species fishery, comprised of sablefish, rockfish, deep-water flatfish,
rex sole and arrowtooth flounder, and a shallow-water species fishery,
comprising pollock, Pacific cod, shallow-water flatfish, flathead sole,
Atka mackerel, and ``other species.'' The proposed apportionment for
these two fishery complexes is presented in Table 6 and is unchanged
from 1995.
Table 6.--Proposed 1996 Apportionment of Pacific Halibut PSC Trawl Limits Between the Deep-Water Species Fishery
and the Shallow-Water Species Fishery. Values Are in Metric Tons.
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water Total
----------------------------------------------------------------------------------------------------------------
Jan. 20-Mar. 31................................................. 500 100 600
Apr. 1-Jun. 30.................................................. 100 300 400
Jul. 1-Sep. 30.................................................. 200 400 600
Oct. 1-Dec. 31..................................................
(2) No apportionment between shallow and deep for the 4th
quarter.
----------------------------------------------------------------------------------------------------------------
Assumed halibut mortality rates for halibut PSC bycatch in 1996 are
based on an average of mortality rates determined from NMFS-observer
data collected during 1993 and 1994. Because the rates for 1993 were
lacking for hook-and-line rockfish the average of 1991 and 1994 was
used. Except as noted below, the Council proposed that halibut discard
mortality rates recommended by the IPHC be adopted for purposes of
monitoring halibut bycatch mortality limits established for the 1996
groundfish fisheries. In 1995, the Council established separate
mortality rates for the GOA at-sea and shoreside bottom trawl pollock
fisheries. However, NMFS notes that directed fishing for GOA pollock by
the offshore component is prohibited under Sec. 672.20(a)(2)(v). The
IPHC did not propose a rate for the GOA bottom trawl pollock fishery
for 1996. Until further information is available, NMFS is proposing to
use the actual observed 1994 rate for the bottom trawl fishery (with no
separation for at-sea and shoreside), which is the most current
information available for this fishery.
The IPHC determined that the careful release measures implemented
for vessels using hook-and-line gear did not show appreciable
improvements in mortality rates and has recommended one rate for both
observed and unobserved vessels in the hook-and-line fisheries. This
action was approved by the Council in 1995. NMFS is proposing this for
1996 as well. The halibut mortality rates are listed in Table 7.
Table 7.--1996 Assumed Pacific Halibut Mortality Rates for Vessels
Fishing in the Gulf of Alaska. Table Values Are Percent of Halibut
Bycatch Assumed To Be Dead.
------------------------------------------------------------------------
------------------------------------------------------------------------
Gear and Target
Hook-and-Line:
Sablefish................................................... 24
Pacific cod................................................. 13
Rockfish.................................................... 19
Trawl:
Midwater pollock............................................ 68
Rockfish.................................................. 58
Shallow-water flatfish.................................... 64
Pacific cod................................................. 57
Deep-water flatfish......................................... 56
Bottom pollock.............................................. 57
Pot:
Pacific cod................................................. 18
------------------------------------------------------------------------
The analysis by the IPHC on the halibut discard mortality rates was
[[Page 61522]]
conducted on a preliminary data set provided by the NMFS Observer
Program Office. A final data set is expected to be available in late
September, which will allow refinement of this analysis, as well as
additional analyses.
After the December 1995 Council meeting, NMFS will consider all
available data and will announce preseason assumed halibut mortality
rates in the Federal Register with the final 1996 initial
specifications for groundfish TAC amounts.
Classification
This action is authorized under 50 CFR 611.92 and 672.20 and is
exempt from review under E.O. 12866. This action is also covered by the
regulatory flexibility analysis prepared for the implementing
regulations.
A draft environmental assessment (EA) on the allowable harvest
levels set forth in the final 1995 SAFE Report will be available for
public review from the NMFS, Alaska Region (see ADDRESSES), and at the
December 1995 Council meeting. After the December meeting, a final EA
will be prepared on the final 1996 TAC amounts after consultation by
the Council.
Consultation pursuant to section 7 of the Endangered Species Act
has been initiated for the 1996 GOA initial specifications.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 24, 1995.
Nancy Foster,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 95-29263 Filed 11-29-95; 8:45 am]
BILLING CODE 3510-22-W