[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Rules and Regulations]
[Pages 27312-27314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13661]



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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 675

[Docket No. 900833-1095; I.D. 052396A]


Groundfish of the Gulf of Alaska and the Bering Sea and Aleutian 
Islands Area; Bycatch Rate Standards for the Second 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 second half of 1996. This action is necessary to 
implement the bycatch rate standards for vessel operators who 
participate in the Alaska groundfish trawl fisheries under the vessel 
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, 1996, 
through 12 midnight, A.l.t., December 31, 1996. Comments on this action 
must be received at the following address no later than 4:30 p.m., 
A.l.t., June 30, 1996.

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. 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. Bycatch rate standards and the vessel incentive program are 
described at Sec. 675.26. Halibut and red king crab bycatch rate 
standards for the first half of 1996 were published in the Federal 
Register on November 29, 1995 (60 FR 61213). As required by 
Secs. 672.26(c) and 675.26(c), the Director of the Alaska Region, NMFS 
(Regional Director), has established the bycatch rate standards for the 
second half of 1996 (July 1 through December 31). These standards were 
approved by the Council at its April 1996 meeting and are set out in 
Table 1. The bycatch rate standards 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.
    6. Other information and criteria deemed relevant by the Regional 
Director.

 Table 1.--Bycatch Rate Standards by Fishery for the Second Half of 1996
    for Purposes of the Vessel Incentive Program in the BSAI and GOA    
------------------------------------------------------------------------
                                                                Bycatch 
                           Fishery                                rate  
                                                                standard
------------------------------------------------------------------------
                     Halibut bycatch rate standards                     
          (kilogram of halibut/metric ton of groundfish catch)          
------------------------------------------------------------------------
BSAI Midwater pollock........................................        1.0
BSAI Bottom pollock..........................................        5.0

[[Page 27313]]

                                                                        
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 rates 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 1996 trawl fisheries are 
unchanged from those implemented in 1995. The Regional Director based 
standards for the second half of 1996 on anticipated seasonal fishing 
effort for groundfish species and 1993-96 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, 1996 (61 FR 24730, May 16, 
1996). Given the present status of halibut bycatch in the yellowfin 
sole fishery, the Regional Director anticipates that this fishery will 
close by early June due to halibut bycatch restrictions. The fishery 
will remain closed until August 15 when the remainder of its halibut 
bycatch allowance becomes available. The Regional Director also 
considered the fact that August 15 is opening date of the 1996 Bering 
Sea pollock `B' season (Sec. 675.23(e)) and that the Council has 
requested that NMFS initiate rulemaking to delay this date until 
September 1. NMFS anticipates that a proposed rule to implement a 
pollock `B' season delay will be published in the Federal Register for 
public review and comment by mid-June 1996.
    The halibut bycatch rate standards for the BSAI yellowfin sole and 
``bottom pollock'' trawl 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 bycatch restrictions 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 since 1994. The considerations that support 
these bycatch rate standards for the ``other trawl'' fisheries are 
unchanged from previous years and are discussed in the Federal Register 
publications of 1995 bycatch rate standards (60 FR 2905, January 12, 
1995, and 60 FR 27425, May 24, 1995).
    Observer data collected from the 1995 GOA ``other trawl'' fishery 
show average third and fourth quarter halibut bycatch rates of 18 and 
48 kg halibut/mt of groundfish, respectively. The first quarter rate 
from 1996 was lower, at 15 kg halibut/mt of groundfish. Observer data 
from the 1995 BSAI ``other trawl'' fishery show third and fourth 
quarter halibut bycatch rates of 10 and 21 kg halibut/mt of groundfish, 
respectively. The first quarter rate from the 1996 BSAI ``other trawl'' 
fishery was 10 kg halibut/mt of groundfish.

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 1996. This standard has 
remained unchanged since 1992.
    The red king crab savings area (RKCSA) in Zone 1 has been closed to 
fishing with trawl gear since the beginning of the 1996 trawl season 
(60 FR 63451, December 11, 1995; 61 FR 8889, March 6, 1996). This 
closure will remain effective through June 15, 1996. The closure of the 
RKCSA has significantly reduced red king crab bycatch rates in the BSAI 
trawl fisheries during the first half of 1996. Through early May, the 
rock sole/flathead sole/other flatfish fishery category had taken only 
9 percent of its annual red king crab bycatch allowance. The Pacific 
cod and yellowfin sole fisheries had taken only 25 percent and less 
than 1 percent, respectively, of their bycatch allowances. As a result, 
NMFS does not anticipate that the red king bycatch allowances specified 
for the 1996 trawl fisheries (61 FR 4311, February 5, 1996) will be 
reached. Furthermore, bycatch rates should remain low given that 
intensive flatfish or Pacific cod trawl fisheries in Zone 1 are not 
anticipated for the remainder of the year. Nonetheless, as in past 
years, the Regional Director is maintaining 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 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.


[[Page 27314]]


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

    Dated: May 24, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-13661 Filed 5-28-96; 4:25 pm]
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