[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Proposed Rules]
[Pages 60076-60084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30045]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 961107312-6312-01; I.D. 102296B]
RIN 0648-XX69


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Fishery of the Bering Sea and Aleutian Islands; Proposed 1997 Harvest 
Specifications for Groundfish

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

ACTION: Proposed 1997 initial specifications for groundfish and 
associated management measures; request for comments.

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SUMMARY: NMFS proposes 1997 initial harvest specifications, prohibited 
species bycatch allowances, and associated management measures for the 
groundfish fishery of the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to establish harvest limits and 
associated management measures for groundfish during the 1997 fishing 
year. The intended effect of this action is to conserve and manage the 
groundfish resources in the BSAI and to provide an opportunity for 
public participation in the annual groundfish specification process.

DATES: Comments must be received by December 23, 1996.

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 preliminary 1997 Stock Assessment and Fishery Evaluation (SAFE) 
report, dated September 1996, is available from the North Pacific 
Fishery Management Council, West 4th Avenue, Suite 306, Anchorage, AK 
99510-2252 (907-271-2809).

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

SUPPLEMENTARY INFORMATION:

Background

    Groundfish fisheries in the BSAI are governed by Federal 
regulations at 50 CFR part 679 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 North Pacific Fishery 
Management Council (Council) and approved by NMFS under the Magnuson 
Fishery Conservation and Management Act.
    The FMP and implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total annual 
catch (TAC) for each target species and the ``other species'' category, 
the sum of which must be within the optimum yield (OY) range of 1.4 
million to 2.0 million metric tons (mt) (Sec. 679.20(a)(1)(i)). 
Regulations under Sec. 679.20(c)(1) further require NMFS to publish 
annually and solicit public comment on proposed annual TACs, prohibited 
species catch (PSC) allowances, seasonal allowances of the pollock TAC, 
and amounts for the pollock and sablefish Community Development Quota 
(CDQ) reserve. The proposed specifications set forth in Tables 1-8 of 
this action satisfy these requirements. For 1997, the sum of proposed 
TAC amounts is 1,943,190 mt. Under Sec. 679.20(c)(3), NMFS will publish 
the final annual specifications for 1997 after considering: (1) 
Comments received within the comment period (see DATES), and (2) 
consultations with the Council at its December 1996 meeting.
    Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of 
each proposed initial TAC (ITAC) amount and apportionment thereof, one-
fourth of each PSC allowance established under Sec. 679.21, and the 
first seasonal allowances of pollock become effective 0001 hours, 
Alaska local time (A.l.t.), January 1, on an interim basis and remain 
in effect until superseded by the final harvest specifications, which 
will be published in the Federal Register.
    NMFS is publishing, in the Rules and Regulations section of this 
issue of the Federal Register, interim TAC specifications and 
apportionments thereof for the 1997 fishing year, which will become 
available 0001 hours, A.l.t. January 1, 1997, and remain in effect 
until superseded by the final 1997 harvest specifications.

Proposed Acceptable Biological Catch (ABC) and TAC Specifications

    The proposed ABC and TAC for each species are based on the best 
available biological and socioeconomic information. The Council, its 
Advisory Panel (AP), and its Scientific and Statistical Committee (SSC) 
reviewed current biological information about the condition of 
groundfish stocks in the BSAI at their September 1996 meeting. This 
information was compiled by the Council's BSAI Groundfish Plan Team 
(Plan Team) and is presented in the preliminary 1997 SAFE report for 
the BSAI groundfish fisheries, dated September 1996. The Plan Team 
annually produces such a document as the first step in the process of 
specifying TACs. The SAFE report contains a review of the latest 
scientific analyses and estimates of each species' biomass and other 
biological parameters, as well as summaries of the available 
information on the BSAI ecosystem and the economic condition of 
groundfish fisheries off Alaska. From these data and analyses, the Plan 
Team estimates an ABC for each species category. The preliminary 1997 
SAFE report will be updated to include information collected during 
1996 resource assessment surveys. Revised stock assessments will be 
made available by the Plan Team in November 1996 and included in the 
final 1997 SAFE report.
    The proposed ABC amounts adopted by the Council for the 1997 
fishing year are based on the best available scientific information, 
including projected biomass trends, information on assumed distribution 
of stock biomass, and revised technical methods used to calculate stock 
biomass. The proposed ABCs also are based upon proposed new definitions 
for ABC and overfishing levels, which were adopted by the Council at 
its June 1996 meeting under Amendment 44 to the FMP. A notice of 
availability of Amendment 44 was published in the Federal Register 
October 17, 1996 (61 FR 54145), that describes the proposed new 
definitions. In general, these proposed definitions involve 
sophisticated statistical analyses of fish populations and are based on 
a successive series of six levels, or tiers, of reliable information 
available to fishery scientists. ABC and overfishing levels are 
determined according to the tier that best characterizes the available 
information. Although Amendment 44 has yet to be approved by NMFS, the 
Plan Team adopted preliminary ABCs based on the proposed definitions 
to: (1) Compensate for uncertainty in status of stocks by establishing 
fishing mortality rates more conservatively as biological parameters 
become more imprecise, (2) relate fishing mortality rates directly to 
biomass for stocks below target abundance levels, and (3) maintain a 
buffer between ABC and the overfishing level. The revised definitions 
result in lower exploitation rates and ABCs for most species, although 
biomass estimates generally are unchanged. Details of the Plan Team's

[[Page 60077]]

recommendations for preliminary 1997 overfishing and ABC amounts for 
each species are provided in the preliminary 1997 SAFE report. This 
report is available from the Council (see ADDRESSES). At its September 
1996 meeting, the Council's SSC reviewed the Plan Team's preliminary 
recommendations for 1997 ABC amounts. The SSC concurred in the Plan 
Team's recommendations except for pollock, Greenland turbot, and Atka 
mackerel. The SSC's revisions to the ABC amounts for these three 
species are discussed below.
    Bering Sea pollock. The Plan Team had recommended an ABC equal to 
1.29 million mt. However, the SSC expressed concern regarding the 
projected recruitment used to derive this ABC and instead proposed an 
ABC based on a lower recruitment. The resulting ABC of 1.19 million mt 
is based on the Plan Team's estimated biomass of 7.36 million mt and an 
F40% exploitation rate (16.2 percent).
    Bogoslof pollock. The 1996 Bogoslof pollock survey estimated a 
biomass of 680,000 mt compared to the 1995 biomass estimate of 1.1 
million mt. The Plan Team had recommended an ABC of 150,000 mt based on 
an F40% exploitation rate (22 percent). Given the apparent decline 
in biomass, however, the SSC recommended the Bogoslof ABC be reduced by 
the ratio of the current biomass to target biomass (assumed to be 2 
million mt). The resulting ABC (150,000 mt)(.68/2) is 51,000 mt.
    Aleutian Islands pollock. The SSC revised the preliminary 1997 
Aleutian Islands pollock biomass to 142,505 mt from the Plan Team's 
87,200 mt. This increase was based on the SSC's recommendation that 
biomass estimated for the eastern Aleutian Islands (Unalaska-Unimak 
area) be included in the Aleutian Islands biomass estimate, as done in 
previous years. The SSC's 1997 preliminary ABC is calculated using the 
expanded biomass and the 28 percent exploitation rate recommended by 
the Plan Team. The resulting ABC of 39,900 mt is an increase from the 
24,400 mt ABC recommended by the Plan Team.
    Greenland turbot. The SSC endorsed the Plan Team's ABC for 
Greenland turbot (17,000 mt). Last year, however, the SSC recommended 
that this ABC amount be phased in over a 3-year period to allow the 
possibility of conducting joint industry/NMFS assessment surveys of the 
Bering Sea slope and Aleutian Islands. Results of these surveys would 
allow for a refinement of the stock abundance estimates prior to fully 
increasing the ABC to 17,000 mt. Given that 1997 is the second year in 
the 3-year phase-in period, the SSC recommended a 1997 ABC of 13,700 mt 
based on the estimated biomass of 67,000 mt and an exploitation rate of 
0.204. The SSC concurred in the Plan Team's recommendation that the ABC 
be split so that two-thirds of the TAC is apportioned to the eastern 
Bering Sea and one-third is apportioned to the Aleutian Islands.
    Atka mackerel. The SSC recommended that an ABC range of 66,700 mt-
90,600 mt be proposed for Atka mackerel, with the Plan Team's 
recommended ABC being the lower end of the range. The upper end of the 
range is calculated as the 1996 ABC (116,000 mt) discounted by the 
estimated 78 percent relative decrease in exploitable biomass from 1996 
to 1997. The upper end of the range is consistent with the use of 
spawning biomass calculated at the beginning of the year, rather than 
using the Plan Team's spawning biomass estimated during the month of 
peak spawning (August). Prior to accepting the Plan Team's approach, 
the SSC recommended that the Plan Team further assess the advantages 
and disadvantages of using estimated spawning biomass at these two 
times of the year in deriving F40% rates, given the apparent 
disparity between the resulting ABCs.
    The Council adopted the proposed overfishing and ABC amounts 
recommended by the SSC (Table 1).

Specification and Apportionment of TAC Amounts

    The Council adopted the AP's proposals for the 1997 BSAI TAC 
amounts. For each species, this amount equals the lesser of either the 
1996 TAC or the SSC's recommended 1997 ABC. NMFS finds that the 
recommended proposed TAC amounts are consistent with the biological 
condition of groundfish stocks as adjusted for other biological and 
socioeconomic considerations, including maintaining the total TAC 
within the required OY range of 1.4-2.0 million mt.
    Except for the hook-and-line and pot gear allocation of sablefish, 
each species' TAC initially is reduced by 15 percent to establish the 
ITAC for each species (Sec. 679.20(b)(1)(i)). The sum of the 15-percent 
amounts is the reserve. One half of the pollock TACs placed in reserve 
is designated as a CDQ reserve for use by CDQ participants 
(Sec. 679.31(a)(1)). The remainder of the reserve is not designated by 
species or species group, and any amount of the reserve may be 
reapportioned to a target species or the ``other species'' category 
during the year, providing that such reapportionments do not result in 
overfishing.
    Table 1 lists the proposed 1997 ABC, TAC, and ITAC amounts, 
overfishing levels, and initial apportionments of groundfish in the 
BSAI. The apportionment of TAC amounts among fisheries and seasons is 
discussed below. These proposed specifications are subject to change as 
a result of public comment, analysis of the current biological 
condition of the groundfish stocks, and new information regarding the 
fishery, and consultation with the Council at its December meeting.

 Table 1.--Proposed 1997 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and
                Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area \1\                
----------------------------------------------------------------------------------------------------------------
                                                                                                  Over-fishing  
                   Species                              ABC               TAC      ITAC\2\ \3\        level     
----------------------------------------------------------------------------------------------------------------
Pollock:                                                                                                        
    Bering Sea (BS)..........................              1,190,000    1,190,000    1,011,500         1,460,000
    Aleutian Islands (AI)....................                 39,900       35,600       30,260            47,000
    Bogoslof District........................                 51,000        1,000          850           121,000
Pacific cod..................................                255,000      255,000      216,750           347,000
Sablefish Total:                                                                                                
    BS.......................................                    790          790          336             1,170
    AI.......................................                    890          890          189             1,320
Atka mackerel TOTAL..........................          66,700-90,600       66,700       56,695    81,600-109,300
    Western AI...............................  .....................       32,200       27,370  ................
    Central AI...............................  .....................       19,500       16,575  ................
    Eastern AI/BS............................  .....................       15,000       12,750  ................

[[Page 60078]]

                                                                                                                
Yellowfin sole...............................                235,000      200,000      170,000           342,000
Rock sole....................................                296,000       70,000       59,500           433,000
Greenland turbot TOTAL.......................                 13,700        7,000        5,950            25,100
    BS.......................................                  9,180        4,690        3,987  ................
    AI.......................................                  4,520        2,310        1,963  ................
Arrowtooth flounder..........................                105,000        9,000        7,650           162,000
Flathead sole................................                 97,100       30,000       25,500           140,000
Other flatfish \4\...........................                 84,000       35,000       29,750           120,000
Pacific ocean perch                                                                                             
    BS.......................................                  1,550        1,550        1,318             2,380
    AI Total.................................                 12,200       12,100       10,285            27,300
      Western AI.............................                  6,100        6,050        5,143  ................
      Central AI.............................                  3,050        3,025        2,571  ................
      Eastern AI.............................                  3,050        3,025        2,571  ................
Other red rockfish:\5\.......................                                                                   
    BS.......................................                  1,050        1,050          893             1,400
Sharpchin/Northern:                                                                                             
    AI.......................................                  4,360        4,360        3,706             5,810
Shortraker/Rougheye:                                                                                            
    AI.......................................                    938          938          797             1,250
Other rockfish:\6\                                                                                              
    BS.......................................                    373          373          317               497
    AI.......................................                    714          714          607               952
Squid........................................                  1,970        1,000          850             2,620
Other Species \7\............................                 25,800       20,125       17,106           137,000
                                              ------------------------------------------------------------------
      TOTALS.................................    2,484,035-2,507,935    1,943,190    1,650,809  ................
----------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) area
  unless otherwise specified. With the exception of pollock, and for the purpose of these specifications, the BS
  includes the Bogoslof District.                                                                               
\2\ Except for the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC 
  is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these   
  reserves. One-half of the amount of the pollock TACs placed in reserve, or 7.5 percent of the TACs, is        
  designated as a CDQ reserve for use by CDQ participants (See Sec.  679.31(a)(1)).                             
\3\ Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ  
  participants (See Sec.  679.31(c)). Regulations at Sec.  679.20(b)(1) do not provide for the establishment of 
  an ITAC for the hook-and-line and pot gear allocation for sablefish. The ITAC for sablefish reflected in Table
  1 is for trawl gear only.                                                                                     
\4\ ``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species), flathead
  sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.                                   
\5\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.                              
\6\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,
  northern, shortraker, and rougheye.                                                                           
\7\ ``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus.                

Seasonal Allowances of Pollock TACs

    Under Sec. 679.20(a)(5)(i)(A), the pollock TAC for each subarea or 
district of the BSAI is divided, after subtraction of reserves 
(Sec. 679.20(b)(1)), into two seasonal allowances. The first allowance 
is available for directed fishing from January 1 to April 15 (roe 
season) and the second allowance is available from September 1 until 
November 1 (non-roe season).
    The Council proposed that the seasonal allowances for the Bering 
Sea pollock roe and non-roe seasons be specified at 45 percent and 55 
percent of the ITAC amounts, respectively (Table 2). These percentages 
are unchanged since 1993. As in past years, the pollock TAC amounts 
specified for the Aleutian Islands subarea and the Bogoslof District 
would not be seasonally apportioned. When specifying seasonal 
allowances of the pollock TAC, the Council and NMFS considered the 
factors specified in section 14.4.10 of the FMP. A discussion of these 
factors relative to the roe and non-roe seasonal allowances was 
presented in the proposed 1995 specifications for BSAI groundfish (59 
FR 64383, December 14, 1994). At this time, the Council's findings are 
unchanged from those set forth for 1995, given that the relative 
seasonal allowances are the same.

Apportionment of the Pollock TAC to the Inshore and Offshore 
Components

    Regulations at Sec. 679.20(a)(6)(i) require that the proposed 
pollock ITAC amounts specified for the BSAI be allocated 35 percent to 
vessels catching pollock for processing by the inshore component and 65 
percent to vessels catching pollock for processing by the offshore 
component. Definitions of these components are found at Sec. 679.2. The 
proposed 1997 ITAC specifications are consistent with these 
requirements (Table 2).

 Table 2.--Proposed Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts
                                                     \1\ \2\                                                    
----------------------------------------------------------------------------------------------------------------
                                                                                            Roe        Non-roe  
                           Subarea                                TAC        ITAC\3\     season\4\     season5  
----------------------------------------------------------------------------------------------------------------
Bering Sea:                                                                                                     
    Inshore.................................................  ...........      354,025      159,311      194,714

[[Page 60079]]

                                                                                                                
    Offshore................................................  ...........      657,475      295,864      361,611
                                                                1,190,000    1,011,500      455,175      556,325
Aleutian Islands:                                                                                               
    Inshore.................................................  ...........       10,591       10,591        (\6\)
    Offshore................................................  ...........       19,669       19,669        (\6\)
                                                                   35,600       30,260       30,260        (\6\)
Bogoslof:                                                                                                       
    Inshore.................................................  ...........          298          298        (\6\)
    Offshore................................................  ...........          552          552        (\6\)
                                                                    1,000          850          850       (\6\) 
----------------------------------------------------------------------------------------------------------------
\1\ TAC=total allowable catch.                                                                                  
\2\ Based on an offshore component allocation of 0.65(ITAC) and an inshore component allocation of 0.35(ITAC).  
\3\ ITAC=initial TAC=0.85 of TAC.                                                                               
\4\ January 1 through April 15--based on a 45/55 split (roe=45 percent).                                        
\5\ September 1 until November 1--based on a 45/55 split (non-roe=55 percent).                                  
\6\ Reminder.                                                                                                   

Apportionment of the Pollock TAC to the Western Alaska Community 
Development Quota

    Regulations at Sec. 679.31(a)(1) require one-half of the pollock 
TAC placed in the reserve for each subarea or district, or 7.5 percent 
of each TAC, be assigned to a CDQ reserve for each subarea or district. 
The proposed 1997 CDQ reserve amounts for each subarea are as follows:

------------------------------------------------------------------------
                        BSAI subarea                         Pollock CDQ
------------------------------------------------------------------------
Bering Sea.................................................    89,250 mt
Aleutian Islands...........................................     2,670 mt
Bogoslof...................................................        75 mt
                                                            ------------
      Total................................................    91,995 mt
------------------------------------------------------------------------

    Under regulations governing the CDQ program at subpart C of part 
679, NMFS may allocate the 1997 pollock CDQ reserves to eligible 
Western Alaska communities or groups of communities that have an 
approved community development plan (CDP). NMFS has approved six CDPs 
and associated percentages of the CDQ reserve for each CDP recipient 
for 1996-98 (60 FR 66516, December 22, 1995). Table 3 lists the 
approved CDP recipients and each recipient's allocation of the proposed 
1997 pollock CDQ reserve for each subarea.

 Table 3.--Approved Shares (Percentages) and Resulting Allocations and Seasonal Allowances (Metric Tons) of the 
 Proposed 1997 Pollock CDQ Reserve Specified for the Bering Sea (BS) and Aleutian Islands (AI) Subareas, and the
                              Bogoslof District (BD) Among Approved CDP Recipients                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Roe-season 
               CDP recipient                   Percent                Area              Allocation    allowance 
---------------------------------------------------------------------------------------------------------\1\----
Aleutian Pribilof..........................           16  BS                                14,280         6,426
    Island Community.......................  ...........  AI                                   427           427
    Development Assn.......................  ...........  BD                                    12            12
      Total................................  ...........  ...........................       14,719         6,865
                                            --------------------------------------------------------------------
Bristol Bay Economic Development Corp......           20  BS                                17,850         8,033
                                             ...........  AI                                   534           534
                                             ...........  BD                                    15            15
      Total................................  ...........  ...........................       18,399         8,582
                                            --------------------------------------------------------------------
Central Bering Sea Fishermen's Assn........            4  BS                                 3,570         1,607
                                             ...........  AI                                   107           107
                                             ...........  BD                                     3             3
      Total................................  ...........  ...........................        3,680         1,717
                                            --------------------------------------------------------------------
Coastal Villages Fishing Co-op.............           25  BS                                22,312        10,040
                                             ...........  AI                                   668           668
                                             ...........  BD                                    19            19
      Total................................  ...........  ...........................       22,999        10,727
                                            --------------------------------------------------------------------
Norton Sound...............................           22  BS                                19,635         8,836
    Fisheries Development Corp.............  ...........  AI                                   587           587
                                             ...........  BD                                    16            16
      Total................................  ...........  ...........................       20,238         9,439
                                            --------------------------------------------------------------------
Yukon Delta Fisheries Development Corp.....           13  BS                                11,603         5,221
                                             ...........  AI                                   347           347
                                             ...........  BD                                    10            10
      Total................................  ...........  ...........................       11,960         5,578
                                            ====================================================================

[[Page 60080]]

                                                                                                                
      Total................................          100  ...........................       91,995       42,908 
----------------------------------------------------------------------------------------------------------------
\1\ No more than 45 percent of a CDP recipient's 1997 Bering Sea pollock allocation may be harvested during the 
  pollock roe season, January 1 through April 15. Up to 100 percent of a recipient's 1997 Aleutian Islands or   
  Bogoslof District pollock allocation may be harvested during this time period.                                

Allocation of the Pacific Cod TAC

    Regulations at Sec. 679.20(a)(7) provide for the allocation of the 
Pacific cod TAC among vessels using jig gear, hook-and-line or pot 
gear, and trawl gear. These regulations expire at the end of 1996. At 
its June 1996 meeting, the Council adopted Amendment 46 to the FMP that 
would authorize the continued allocation of Pacific cod TAC among 
vessels using different gear types. Amendment 46 also would authorize 
the further allocation of the portion of the Pacific cod TAC allocated 
to vessels using trawl gear between catcher vessels and catcher/
processor vessels. A proposed rule to implement Amendment 46 was 
published in the Federal Register on August 22, 1996 (61 FR 43325). On 
November 7, 1996, NMFS determined that Amendment 46 is consistent with 
the national standards, other provisions of the Magnuson Act, and other 
applicable laws. The final rule implementing Amendment 46 was published 
in the Federal Register on November 20, 1996 (61 FR 59029). The final 
rule is effective January 1, 1997. Consequently, these proposed 
specifications provide for the allocation of the Pacific cod TAC among 
vessel gear types.
    The Council also proposed to roll over the 1996 seasonal allowances 
of the portion of the Pacific cod TAC allocated to the hook-and-line 
and pot gear fisheries. The seasonal allowances are intended to provide 
for the harvest of Pacific cod when flesh quality and market conditions 
are optimum and Pacific halibut bycatch rates are low. The Council's 
recommendations for seasonal apportionments are based on: (1) Seasonal 
distribution of Pacific cod relative to prohibited species 
distributions, (2) variations in prohibited species bycatch rates in 
the Pacific cod fisheries throughout the year, and (3) economic effects 
of seasonal allowances of Pacific cod on the hook-and-line and pot gear 
fisheries. The Council also proposed that any portion of the first 
seasonal allowance that is not harvested by the end of the first season 
would become available on September 1, the beginning of the third 
season. Table 4 lists the proposed 1997 allocations and seasonal 
apportionments of the Pacific cod ITAC.

   Table 4.--1997 Gear Shares of the BSAI Pacific Cod Initial TAC, Pending Approval of Amendment 46 to the FMP  
----------------------------------------------------------------------------------------------------------------
                                                                              Seasonal Apportionment            
          Gear (mt)           Percent TAC     Share ITAC (mt)    -----------------------------------------------
                                                                          Date               %          Amount  
----------------------------------------------------------------------------------------------------------------
Jig.........................            2       4,335             Jan 1-Dec 31........          100        4,335
Hook-and-line/pot gear......           51     110,541             Jan 1-Apr 30........           80       88,433
                                                                  May 1-Aug 31........           18       19,897
                                                                  Sep 1-Dec 31........            2        2,211
Trawl gear:\1\..............                                                                                    
Total.......................           47     101,874             Jan 1-Dec 31........          100      101,873
Catcher vessel..............  ...........    (50,937)                                                           
Catcher/processor...........  ...........    (50,937)                                                           
                             -------------------------------------                                              
      TOTAL.................          100    216,750                                                            
----------------------------------------------------------------------------------------------------------------
\1\ The portion of the Pacific cod TAC allocated to trawl gear is apportioned 50 percent to catcher vessels and 
  50 percent to catcher/processors under Sec.  679.20(a)(7)(i)(B).                                              

Sablefish Gear Allocation and CDQ Allocations for Sablefish

    Regulations at Sec. 679.20(a)(4) require that sablefish TACs for 
the BSAI subareas be divided between trawl and hook-and-line/pot gear 
types. Gear allocations of TACs are established in the following 
proportions: Bering Sea subarea: Trawl gear--50 percent; hook-and-line/
pot gear--50 percent; and Aleutian Islands subarea: Trawl gear--25 
percent; hook-and-line/pot gear--75 percent. In addition, regulations 
under Sec. 679.31(c) require NMFS to withhold 20 percent of the hook-
and-line and pot gear sablefish allocation as sablefish CDQ reserve. 
Gear allocations of the proposed sablefish TAC and CDQ reserve amounts 
are specified in Table 5.

                        Table 5.--1997 Gear Shares and CDQ Reserve of BSAI Sablefish TACS                       
----------------------------------------------------------------------------------------------------------------
                                                               Percent of    Share of   Initial TAC             
               Subarea                         Gear             TAC (mt)     TAC (mt)     (mt)\1\    CDQ reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea..........................  Trawl.................           50          395          336          N/A
                                      Hook-and-line/pot                50          395          N/A           79
                                       gear\2\.                                                                 
                                                             ---------------------------------------------------

[[Page 60081]]

                                                                                                                
      Total.........................  ......................  ...........          790          336           79
Aleutian Islands....................  Trawl.................           25          222          189          N/A
                                      Hook-and-line/pot                75          668          N/A          134
                                       gear\2\.                                                                 
                                     ---------------------------------------------------------------------------
      Total.........................  ......................  ...........          890          189          134
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.
  The ITAC is the remainder of the TAC after the subtraction of these reserves.                                 
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
  allocated TAC is reserved for use by CDQ participants. Regulations at Sec.  679.20(b)(1) do not provide for   
  the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.                            

    Under regulations governing the sablefish CDQ program at subpart C 
of part 679, NMFS may allocate the 1997 sablefish CDQ reserve to 
eligible Western Alaska communities or groups of communities that have 
an approved CDP. NMFS has approved seven CDPs and associated 
percentages of the sablefish CDQ reserve for each CDP recipient for 
1995-97 (59 FR 61877, December 2, 1994). Table 6 lists the approved CDP 
recipients and each recipient's allocation of the 1997 sablefish CDQ 
reserve for each subarea.

 Table 6.--Approved Shares (Percentages) and Resulting Allocations (MT) 
 of the 1997 Sablefish CDQ Reserve Specified for the Bering Sea (BS) and
      Aleutian Islands (AI) Subareas Among Approved CDP Recipients      
------------------------------------------------------------------------
                                                              Allocation
    Sablefish CDP recipient           Area        Percent        (mt)   
------------------------------------------------------------------------
Atka Fishermen's Association...  BS                       0            0
                                 AI                       0            0
Bristol Bay Economic             BS                       0            0
 Development Corp.                                                      
                                 AI                      25           34
Coastal Villages...............  BS                       0            0
Fishing Cooperative............  AI                      25           34
Norton Sound Economic..........  BS                      25           20
Development Corporation........  AI                      30           40
Pribilof Island................  BS                       0            0
Fishermen......................  AI                       0            0
Yukon Delta Fisheries..........  BS                      75           59
Development Association........  AI                      10           13
Aleutian Pribilof Islands        BS                       0            0
 Community Development                                                  
 Association.                                                           
                                 AI                      10           13
                                ----------------------------------------
      Total....................  BS                     100           79
                                 AI                     100          134
------------------------------------------------------------------------

Allocation of Prohibited Species Catch (PSC) Limits for Crab, 
Halibut, and Herring

    PSC limits of red king crab and C. bairdi Tanner crab in Bycatch 
Limitation Zones (50 CFR 679.2) of the Bering Sea subarea and for 
Pacific halibut throughout the BSAI are established under 
Sec. 679.21(e). The PSC limits are:

--Zone 1 trawl fisheries, 200,000 red king crabs.
--Zone 1 trawl fisheries, 1 million C. bairdi Tanner crabs.
--Zone 2 trawl fisheries, 3 million C. bairdi Tanner crabs.
--BSAI trawl fisheries, 3,775 mt mortality of Pacific halibut.
--BSAI nontrawl fisheries, 900 mt mortality of Pacific halibut.
--BSAI trawl fisheries, 1,697 mt Pacific herring.

    The PSC limit of Pacific herring caught while conducting any trawl 
operation for groundfish in the BSAI is 1 percent of the annual eastern 
Bering Sea herring biomass. At this time, the best estimate of 1997 
herring biomass is 169,700 mt. This amount was derived using 1995 
survey data and an age-structured biomass projection model developed by 
the Alaska Department of Fish and Game (ADF&G). Therefore, the proposed 
herring PSC limit for 1997 is 1,697 mt. This value is subject to 
change, pending an updated forecast analysis of 1996 herring survey 
data that will be presented to the Council by the ADF&G during the 
Council's December 1996 meeting.
    The red king crab and C. bairdi PSC limits currently established in 
regulations are subject to change pending the approval of two FMP 
amendments adopted by the Council. Amendment 37 was adopted by the 
Council at its June 1996 meeting and would authorize the annual 
specification of the red king crab bycatch limit based on the abundance 
of Bristol Bay red king crab. A proposed rule to implement Amendment 37 
was published in the Federal Register on September 12, 1996 (61 FR 
48113). Based on the proposed rule and pending approval of Amendment 37 
by NMFS, the 1997 red king crab in Zone 1 would be adjusted downward 
from 200,000 crab to 100,000 crab. NMFS' review and approval/
disapproval/partial approval of Amendment 37 is scheduled to occur 
prior to the Council's December 1996 meeting. Therefore, pending 
approval of the amendment, the final 1997 groundfish specifications 
would include the adjusted red king crab PSC limit. If

[[Page 60082]]

Amendment 37 is not approved, the red king PSC limit will remain 
unchanged.
    The Council adopted Amendment 41 to the FMP at its September 1996 
meeting, which, if approved by NMFS, would authorize the annual 
specification of C. bairdi PSC limits in Zones 1 and 2 based on 
abundance of crab estimated from data collected during the annual NMFS 
trawl survey. Based on 1996 abundance, (185 million crab), the PSC 
limit for C. bairdi in 1997 would be 750,000 crab in Zone 1 and 
2,100,000 crab in Zone 2. A proposed rule to implement Amendment 41 
likely will be published in the Federal Register for public review and 
comment by late 1996 and will include proposed specifications of the 
adjusted 1997 C. bairdi PSC limits and associated bycatch allowances. 
If approved by NMFS, Amendment 41 likely would be implemented by April 
1997. If Amendment 41 is not approved, the C. bairdi PSC limits will 
remain as established in 1989 (54 FR 32642; August 9, 1989).
    Regulations under Sec. 679.21(e)(3) authorize the apportionment of 
each PSC limit into PSC allowances for specified fishery categories. 
Regulations at Sec. 679.21(e)(3)(iv) specify seven trawl fishery 
categories (midwater pollock, Greenland turbot/arrowtooth flounder/
sablefish, rock sole/flathead sole/other flatfish, yellowfin sole, 
rockfish, Pacific cod, and bottom pollock/Atka mackerel/''other 
species''). Regulations at Sec. 679.21(e)(4)(ii) authorize the 
apportionment of the nontrawl halibut PSC limit among five fishery 
categories (Pacific cod hook-and-line, sablefish hook-and-line, 
groundfish pot gear, groundfish jig gear, and other non-trawl fishery 
categories). The fishery bycatch allowances for the trawl and nontrawl 
fisheries are listed in Table 7.
    The fishery bycatch allowances listed in Table 7 reflect the 
recommendations made to the Council by its AP. These recommendations 
are unchanged from those specified for 1996. The justification for 
these allowances is discussed in the February 5, 1996, publication of 
the final 1996 specifications (61 FR 4311). As mentioned above, if NMFS 
approves Amendment 37 to the FMP, the proposed red king crab bycatch 
allowances listed in Table 7 would be reduced by 50 percent.
    Regulations at Sec. 679.21(e)(4)(ii) authorize exemption of 
specified nontrawl fisheries from the halibut PSC limit. As in 1995 and 
1996, the Council proposes to exempt the 1997 pot gear, jig gear, and 
sablefish hook-and-line gear fishery categories from halibut bycatch 
restrictions.
    The Council proposed that the pot and jig gear fisheries be exempt 
from halibut-bycatch restrictions because these fisheries use selective 
gear types that experience low halibut bycatch mortality. In 1996 
through September, total groundfish catch for the pot gear fishery in 
the BSAI was approximately 30,585 mt with an associated halibut bycatch 
mortality of about 18 mt. The 1996 groundfish jig gear fishery 
harvested about 200 mt of groundfish. The jig gear fleet is made up of 
vessels less than 60 ft (18.3 m) length overall that are exempt from 
observer coverage requirements. As a result, no observer data are 
available on halibut bycatch in the BSAI jig gear fishery. Nonetheless, 
the selective nature of this gear type and the relatively small amount 
of groundfish harvested with jig gear will likely result in a 
negligible amount of halibut bycatch mortality.
    As in 1995 and 1996, the Council recommended that the sablefish 
Individual Fishing Quota (IFQ) fishery be exempt from halibut bycatch 
restrictions because of the sablefish and halibut IFQ program (subpart 
D of part 679). The IFQ program requires legal-sized halibut to be 
retained by vessels using hook-and-line gear if a halibut IFQ permit 
holder is aboard. In 1995, about 36 mt of halibut discard mortality was 
estimated for the sablefish IFQ fishery. A similar estimate for the 
1996 fishery has yet to be calculated.

  Table 7.--Proposed 1997 Prohibited Species Bycatch Allowances for the 
                   BSAI Trawl and Non-Trawl Fisheries                   
------------------------------------------------------------------------
         Trawl fisheries              Zone 1       Zone 2     BSAI-wide 
------------------------------------------------------------------------
Red king crab, number of animals:                                       
    Yellowfin sole...............       50,000                          
    Rcksol/flatsol/othflat \1\...      110,000                          
    Turb/arrow/sab \2\...........            0                          
    Rockfish.....................            0                          
    Pacific cod..................       10,000                          
    Plck/Atka/othr \3\...........       30,000                          
                                  --------------                        
      Total......................      200,000                          
C. bairdi tanner crab, number of                                        
 animals:                                                               
    Yellowfin sole...............      250,000    1,530,000             
    Rcksol/flatsol/othflat.......      425,000      510,000             
    Turb/arrow/sab...............            0            0             
    Rockfish.....................            0       10,000             
    Pacific cod..................      250,000      260,000             
    Plck/Atka/othr...............       75,000      690,000             
                                  --------------------------            
      Total......................    1,000,000    3,000,000             
Pacific halibut, mortality (mt):                                        
    Yellowfin sole...............                                    820
    Rcksol/flatsol/othflat.......                                    730
    Turb/arrow/sab...............                                      0
    Rockfish.....................                                    110
    Pacific cod..................                                  1,685
    Plck/Atka/othr...............                                    430
                                  --------------------------------------
      Total......................                                  3,775
Pacific herring (mt):                                                   
    Midwater pollock.............                                  1,227
    Yellowfin sole...............                                    287

[[Page 60083]]

                                                                        
    Rcksol/flatsol/othflat.......                                      0
    Turb/arrow/sab...............                                      0
    Rockfish.....................                                      7
    Pacific cod..................                                     22
    Plck/Atka/othr \4\...........                                    154
                                  --------------------------------------
      Total......................                                  1,697
Pacific halibut, mortality (mt):                                        
    Pacific cod hook-and-line....                                    800
    Sablefish hook-and-line......                                  (\5\)
    Groundfish pot gear..........                                  (\5\)
    Groundfish jig gear..........                                  (\5\)
    Other non-trawl..............                                    100
                                  --------------------------------------
      Total......................                                   900 
------------------------------------------------------------------------
\1\ Rock sole, flathead sole, and other flatfish fishery category.      
\2\ Greenland turbot, arrowtooth flounder, and sablefish fishery        
  category.                                                             
\3\ Pollock, Atka mackerel, and ``other species'' fishery category.     
\4\ Pollock other than midwater pollock, Atka mackerel, and ``other     
  species'' fishery category.                                           
\5\ Exempt.                                                             

Seasonal Apportionments of PSC limits

    Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation 
with the Council, to establish seasonal apportionments of prohibited 
species bycatch allowances. At its September 1996 meeting, the Council 
adopted the AP's recommendation not to propose seasonal apportionments 
of the trawl bycatch allowances at this time. Nonetheless, NMFS 
anticipates the Council will consider seasonal apportionments during 
its December 1996 meeting.
    The Council proposed to roll over the 1996 seasonal apportionment 
scheme of the halibut bycatch allowance specified for the Pacific cod 
hook-and-line fishery. The intent of this proposal was to provide 
amounts of halibut necessary to support the harvest of the seasonal 
apportionments of Pacific cod TAC listed in Table 4, as well as limit a 
hook-and-line fishery for Pacific cod during summer months when halibut 
bycatch rates are high. As authorized under Sec. 679.21(e)(5)(iv), the 
Council further recommended that any unused portion of the first 
seasonal halibut bycatch allowance specified for the Pacific cod hook-
and-line fishery be reapportioned to the third seasonal allowance to 
avoid opportunity for additional fishing for Pacific cod during summer 
months. Any overage of a halibut bycatch allowance would be deducted 
from the remaining seasonal bycatch allowances specified for 1997 in 
amounts proportional to those remaining seasonal bycatch allowances.

    Table 8.--Proposed Seasonal Apportionments of the 1997 Prohibited   
       Species Bycatch Allowances for the BSAI Non-Trawl Fisheries      
------------------------------------------------------------------------
                                                                Seasonal
                           Fishery                              bycatch 
                                                               allowance
------------------------------------------------------------------------
Pacific cod hook-and-line:\1\                                           
  Jan. 01-Apr. 30............................................        475
  May 01-Aug. 31.............................................         40
  Sep. 01-Dec. 31............................................        285
                                                              ----------
    Total....................................................        800
Other non-trawl:                                                        
  Jan. 01-Dec. 31............................................       100 
------------------------------------------------------------------------
\1\ Any unused portion of the first seasonal halibut bycatch allowance  
  specified for the Pacific cod hook-and-line fishery will be           
  reapportioned to the third seasonal allowance. Any overage of a       
  seasonal halibut bycatch allowance would be deducted from the         
  remaining seasonal bycatch allowances specified for 1997 in amounts   
  proportional to those remaining seasonal bycatch allowances.          

    For purposes of monitoring the fishery halibut bycatch mortality 
allowances and apportionments, the Administrator, NMFS, Alaska Region 
(Regional Administrator) (formerly Regional Director) will use observed 
halibut bycatch rates and estimates of groundfish catch to project when 
a fishery's halibut bycatch mortality allowance or seasonal 
apportionment is reached. The Regional Administrator monitors the 
fishery's halibut bycatch mortality allowances using assumed mortality 
rates that are based on the best information available, including 
information contained in the annual SAFE report.
    The Council proposed that the assumed halibut mortality rates 
developed by staff of the International Pacific Halibut Commission 
(IPHC) for the 1996 BSAI groundfish fisheries be rolled over for 
purposes of monitoring halibut bycatch allowances established for the 
1997 groundfish fisheries. The justification for these mortality rates 
is discussed in the February 5, 1996, publication of the 1996 final 
specifications. The proposed mortality rates listed in Table 9 are 
subject to change pending the results of an updated analysis on halibut 
mortality rates in the groundfish fisheries that IPHC staff are 
scheduled to present to the Council at its Council's December 1996 
meeting.

 Table 9.--Proposed Assumed Pacific Halibut Mortality Rates for the BSAI
                          Fisheries During 1997                         
------------------------------------------------------------------------
                                                                Assumed 
                           Fishery                             mortality
                                                               (percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:                                           
  Rockfish..................................................       24   
  Pacific cod...............................................       11.5 
  Greenland turbot..........................................       22   
  Sablefish.................................................       17   
Trawl gear fisheries:                                                   
  Midwater pollock..........................................       88   
  Non-pelagic pollock.......................................       78   
  Yellowfin sole............................................       73   
  Rock sole, flathead sole, other flatfish..................       73   
  Rockfish..................................................       75   
  Pacific cod...............................................       63   
  Atka mackerel.............................................       63   
  Arrowtooth flounder.......................................       49   
  Greenland turbot..........................................       49   
  Sablefish.................................................       49   

[[Page 60084]]

                                                                        
  Other species.............................................       82   
Pot gear fisheries                                                      
  Pacific cod...............................................        7   
------------------------------------------------------------------------

Classification

    This action is authorized under 50 CFR part 679 and is exempt from 
review under E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed specification, if 
issued as proposed, would not have a significant economic impact on a 
substantial number of small entities as follows:

    The proposed specifications would establish TAC and ABC amounts 
for the 1997 fishing year. In addition, the proposed specifications 
would establish overfishing levels, prohibited species catch 
allowances, seasonal allowances of the pollock TAC, and amounts for 
the pollock and sablefish Community Development Quota reserve.
    The proposed 1997 TAC is 57,000 metric tons or 2.85 percent less 
than the 1996 final TAC. The difference reflects reduced abundance 
of several species based on NMFS biological surveys and industry 
catch reports. The number of fixed gear and trawl catcher vessels 
expected to be operating as small entities in the Bering Sea and 
Aleutian Islands groundfish fishery is 356, excluding catcher/
processor vessels. All these small entities will be affected by the 
harvest limits established in the 1997 specifications but changes 
from 1996 are relatively minor and are expected to be shared 
proportionally among participants. For this reason, the expected 
effects will not likely cause a reduction in gross revenues of more 
than 5 percent, increase compliance costs by more than 10 percent, 
or force small entities out of business.
    The Alaska commercial fishing industry is accustomed to shifting 
effort among alternative species and management areas in response to 
changes in TAC between years and inseason closures. Such mobility is 
necessary to survive in the open access fishery. Therefore, the 
annual specification process for Alaska groundfish for 1997 would 
not have significant economic impact on a significant number of 
small entities.

    A draft environmental assessment (EA) on the allowable harvest 
levels set forth in the final 1997 SAFE Report will be available for 
public review at the December 1996 Council meeting. After the December 
meeting, a final EA will be prepared on the final TAC amounts 
recommended by the Council.
    Consultation pursuant to section 7 of the Endangered Species Act 
has been initiated for the 1997 initial specifications.

    Authority: 16 U.S.C. 773 et seq., 1801 et seq.

    Dated: November 19, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-30045 Filed 11-22-96; 8:45 am]
BILLING CODE 3510-22-W