[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Rules and Regulations]
[Pages 60044-60048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30046]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 961114318-6318-01; I.D. 110496A]
RIN 0648-XX71


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Area; Interim 1997 Harvest Specifications

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

ACTION: Interim 1997 harvest specifications for groundfish; associated 
management measures; and closures.

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SUMMARY: NMFS issues interim 1997 total allowable catch (TAC) amounts 
for each category of groundfish, pollock Community Development Quota 
(CDQ) amounts, and prohibited species bycatch allowances for the 
groundfish fishery of the Bering Sea and Aleutian Islands management 
area (BSAI). NMFS is closing certain fisheries as specified in the 
interim 1997 groundfish specifications. The intended effect is to 
conserve and manage the groundfish resources in the BSAI.

EFFECTIVE DATE: 0001 hours, Alaska local time (A.l.t.), January 1, 
1997, until the effective date of the Final 1997 Initial Harvest 
Specifications for Groundfish, which will be published in the Federal 
Register.

ADDRESSES: The preliminary 1997 Stock Assessment and Fishery Evaluation 
(SAFE) Report, dated September 1996, is available from the North 
Pacific Fishery Management Council, 605 W. 4th Avenue, Suite 306, 
Anchorage, AK 99501-2252, telephone 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 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 Islands 
area (FMP). The FMP was prepared by the North Pacific Fishery 
Management Council (Council) and approved by NMFS under the Magnuson-
Stevens Fishery Conservation and Management Act. General regulations 
that also pertain to the U.S. fisheries appear at subpart H of 50 CFR 
part 600.
    The Council met September 16-22, 1996, to review scientific 
information concerning groundfish stocks. The Council adopted for 
public review the

[[Page 60045]]

preliminary SAFE Report for the 1997 BSAI groundfish fisheries. The 
preliminary SAFE Report, dated September 1996, provides an update on 
the status of stocks. Copies of the SAFE Report are available from the 
Council (see ADDRESSES). The preliminary TAC amounts for each species 
are based on the best available biological and socioeconomic 
information. The Council recommended preliminary total TAC amounts of 
1,943,190 metric tons (mt) and preliminary total acceptable biological 
catch (ABC) amounts of 2,507,935 mt for the 1997 fishing year.
    Under Sec. 679.20(c)(1), NMFS is publishing in the Proposed Rules 
section of this issue of the Federal Register for review and comment 
proposed initial harvest specifications for groundfish and associated 
management measures in the BSAI for the 1997 fishing year. That 
document contains a detailed discussion of the proposed 1997 annual 
TACs, initial TACs (ITACs) and related apportionments, ABC amounts and 
overfishing levels, prohibited species bycatch allowances, and 
associated management measures for the BSAI groundfish fishery.
    This action provides interim harvest specifications and 
apportionments thereof for the 1997 fishing year that will become 
available on January 1, 1997, and remain in effect until superseded by 
the final 1997 harvest specifications. Background information 
concerning the 1997 groundfish harvest specification process upon which 
this interim action is based is provided in the above mentioned 
proposed initial specification document appearing in the Proposed Rules 
section of this Federal Register issue.

1. Establishment of Interim TACs

    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 the 
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 of a target species or the ``other species'' category. The 
ITAC amount for each species, except for the hook-and-line and pot gear 
allocation for sablefish, is the remainder of the TAC amount after 
subtraction of the reserve.
    Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of 
each proposed ITAC amount and apportionment thereof (not including the 
first seasonal allowance of pollock and except for the hook-and-line 
and pot gear allocations of sablefish), one-fourth of each prohibited 
species catch (PSC) allowance established under Sec. 679.21, and the 
first seasonal allowance of pollock TAC become effective 0001 hours, 
A.l.t., January 1 (see Sec. 679.23(a)), on an interim basis and remain 
in effect until superseded by the final harvest specifications.

2. Interim 1997 BSAI Groundfish Harvest Specifications

    Table 1 of this document provides interim TAC amounts and 
apportionments thereof, interim TAC allocations of pollock to the 
inshore and offshore components, first seasonal allowances of pollock 
TAC and pollock CDQ, an interim sablefish apportionment to trawl gear, 
and Pacific cod TAC apportionments to gear types. The interim harvest 
specifications become effective at 0001 hours, A.l.t., January 1, 1997.
    Existing regulations at Sec. 679.20(c)(2)(ii) do not provide for an 
interim specification either for sablefish CDQ reserve or for sablefish 
managed under the Individual Fishing Quota management plan. As a 
result, fishing for CDQ sablefish and sablefish harvested with fixed 
gear is prohibited until the effective date of the Final 1997 Initial 
Groundfish Specifications.

 Table 1--Interim 1997 TAC Amounts \1\ for Groundfish and Apportionments
   Thereof for the Bering Sea and Aleutian Islands Management Area \2\  
------------------------------------------------------------------------
   Species and component (if        Area and gear (if       Interim TAC 
          applicable)                  applicable)            and CDQ   
------------------------------------------------------------------------
Pollock \3\ \4\ \5\                                                     
    Inshore....................  BS.....................         159,311
    Offshore...................  BS.....................         295,864
    Inshore....................  AI.....................          10,591
    Offshore...................  AI.....................          19,669
    Inshore....................  BogDist................             298
    Offshore...................  BogDist................             552
    CDQ........................  BS.....................          40,162
    CDQ........................  AI.....................           2,670
    CDQ........................  BogDist................              75
                                                         ---------------
      Total....................  .......................         529,192
Pacific cod \6\................  BSAI-wide..............  ..............
                                 Jig....................           1,084
                                 H/L & Pot..............          27,635
                                 TRW catcher vessels....          12,734
                                 TRW C/Ps...............          12,734
                                                         ---------------
      Total....................  .......................          54,187
Sablefish \7\ \8\..............  BS-TRW.................              84
                                 BS-H/L & Pot...........             N/A
                                 AI-TRW.................              47
                                 AI-H/L & Pot...........             N/A
                                                         ---------------
      Total....................  .......................             131
Atka mackerel..................  Western AI.............           6,842
                                 Central AI.............           4,144
                                 Eastern AI/BS..........           3,187
                                                         ---------------
      Total....................  .......................          14,173
Yellowfin sole.................  BSAI-wide..............          42,500
Rock sole......................  BSAI-wide..............          14,875

[[Page 60046]]

                                                                        
Greenland turbot...............  BS.....................             996
                                 AI.....................             491
                                                         ---------------
      Total....................  .......................           1,487
Arrowtooth flounder............  BSAI-wide..............           1,912
Flathead sole..................  BSAI-wide..............           6,375
Other flatfish \9\.............  BSAI-wide..............           7,437
Pacific ocean perch............  BS.....................             329
                                 Western AI.............           1,285
                                 Central AI.............             642
                                 Eastern AI.............             642
                                                         ---------------
      Total....................  .......................           2,898
Other red rockfish \10\........  BS.....................             223
Sharpchin/Northern.............  AI.....................             926
Shortraker/Rougheye............  AI.....................             199
Other rockfish \11\............  BS.....................              79
                                 AI.....................             151
                                                         ---------------
      Total....................  .......................             230
Squid..........................  BSAI-wide..............             212
``Other species'' \12\.........  BSAI-wide..............           4,277
                                                         ---------------
      Total interim TAC........  .......................        681,234 
------------------------------------------------------------------------
\1\ Interim TAC amounts are in metric tons and have been rounded.       
\2\ Amounts apply to the entire Bering Sea and Aleutian Islands         
  management area (BSAI), Bering Sea (BS), or Aleutian Islands (AI), as 
  indicated. With the exception of pollock, and for purposes of these   
  specifications, the BS includes the Bogoslof District (BogDist).      
\3\ After subtraction of reserves, the ITAC amounts of pollock for each 
  subarea or district are divided into roe and non-roe seasonal         
  allowances. (See Sec.  679.20(a)(5)(i).) For the BS subarea, the roe  
  and non-roe seasonal allowances are 45 and 55 percent of the pollock  
  ITAC amounts, respectively. The AI subarea and the Bogoslof District  
  receive 100 percent of their respective ITAC seasonal allowances      
  during the roe-season with the remainder of the respective ITAC       
  seasonal allowance during the non-roe season.                         
\4\ Inshore and offshore component allocations are 35 and 65 percent of 
  the ITAC amounts, respectively. (See Sec.  679.20(a)(6)(i).) The first
  seasonal allowance of the inshore/offshore component allocations are  
  in effect on January 1 as an interim TAC.                             
\5\ One-half of the pollock TAC (7.5 percent of each TAC) placed in the 
  reserve for each subarea or district will be assigned to the Community
  Development Quota (CDQ) program. (See Sec.  679.31(a)(1).) For the BS 
  subarea, the roe and non-roe seasonal allowances are 45 and 55        
  percent, respectively, of the CDQ pollock reserve. The AI subarea and 
  the Bogoslof District receive 100 percent of their respective CDQ     
  reserve allocations during the roe-season with the remainder of the   
  respective reserve becoming available during the non-roe season. The  
  first seasonal allowance of the CDQ reserve is available on January 1 
  as an interim TAC.                                                    
\6\ After subtraction of the reserves, the ITAC amount for Pacific cod, 
  is allocated 2 percent to vessels using jig gear, 51 percent to H/L   
  gear, and 47 percent to trawl (TRW) gear. The Pacific cod allocation  
  to TRW gear is split evenly between catcher vessels and catcher/      
  processor vessels (See Sec.  679.20(a)(7)(i) and the proposed initial 
  specification document appearing in the Proposed Rules section of this
  Federal Register issue). Pacific cod ITAC seasonal apportionments to  
  vessels using H/L or pot gear are not reflected in the interim TAC    
  amounts. One-fourth of the ITAC gear apportionments are in effect on  
  January 1 as an interim TAC.                                          
\7\ Sablefish TRW gear allocations are as follows: In the BS subarea--50
  percent of TAC; and in the AI subarea--25 percent of TAC (See Sec.    
  679.20(a)(4)(iii) (B) and (iv)(B)). Fifteen percent of the sablefish  
  TRW gear allocation is placed in the nonspecific reserve. One-fourth  
  of the ITAC amount for TRW gear is in effect January 1 as an interim  
  TAC amount.                                                           
\8\ The sablefish H/L gear fishery is managed under the Individual      
  Fishing Quota (IFQ) program and subject to regulations contained in   
  subpart D of 50 CFR part 679. Annual IFQ amounts are based on the     
  final TAC amount specified for the sablefish H/L gear fishery as      
  contained in the final specifications for groundfish. Twenty percent  
  of the sablefish H/L and pot gear final TAC amount will be reserved   
  for use by CDQ participants. (See Sec.  679.31(c).) Existing          
  regulations at Sec.  679.20(c)(2)(ii) do not provide for an interim   
  specification for the CDQ sablefish reserve or an interim             
  specification for sablefish managed under the IFQ program. In         
  addition, in accordance with Sec.  679.7(f)(3), retention of sablefish
  caught with fixed gear is prohibited unless the harvest is authorized 
  under a valid IFQ permit and IFQ card. In 1997, IFQ permits and IFQ   
  cards will not be valid prior to the effective date of the 1997 final 
  specifications. Thus, fishing for sablefish with fixed gear is not    
  authorized under these interim specifications. See subpart D of 50 CFR
  part 679 and Sec.  679.23(g) for guidance on the annual allocation of 
  IFQ and the sablefish fishing season.                                 
\9\ ``Other flatfish'' includes all flatfish species except for Pacific 
  halibut (a prohibited species), flathead sole, Greenland turbot, rock 
  sole, and yellowfin sole.                                             
\10\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin,   
  and northern.                                                         
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species  
  except for Pacific ocean perch, sharpchin, northern, shortraker, and  
  rougheye.                                                             
\12\ ``Other species'' includes sculpins, sharks, skates, eulachon,     
  smelts, capelin, and octopus.                                         

3. Interim Allocation of PSC Limits for Crab, Halibut, and Herring

    Under Sec. 679.21(e), annual PSC limits for the trawl fisheries are 
specified for red king crab and Chionoecetes bairdi Tanner crab in 
applicable Bycatch Limitation Zones (see Sec. 679.2) of the BS subarea, 
and for Pacific halibut and Pacific herring throughout the BSAI. 
Regulations under Sec. 679.21(e) authorize the apportionment of each 
PSC limit into PSC allowances for specified fishery categories. 
Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of each 
proposed PSC allowance be made available on an interim basis for 
harvest at the beginning of the fishing year, until superseded by the 
final harvest specifications. The interim PSC limits are specified in 
Table 2 and are in effect at 0001 hours, A.l.t., January 1, 1997.

[[Page 60047]]



Table 2--Interim 1997 Prohibited Species Bycatch Allowances for the BSAI
                      Trawl and Nontrawl Fisheries                      
------------------------------------------------------------------------
         Trawl Fisheries            Zone 1 \1\   Zone 2 \1\   BSAI-wide 
------------------------------------------------------------------------
Red king crab, number of animals:                                       
    Yellowfin sole...............       12,500                          
    Rcksol/oth.flat/flathead sole                                       
     \2\.........................       27,500                          
    Rockfish.....................            0                          
    Turb/arrow/sab \3\...........            0                          
    Pacific cod..................        2,500                          
    Plck/Atka/othr \4\...........        7,500                          
                                  --------------------------------------
      Total......................       50,000                          
C. bairdi Tanner crab, number of                                        
 animals:                                                               
    Yellowfin sole...............       62,500      382,500             
    Rcksol/oth.flat/flathead sole      106,250      127,500             
    Turb/arrow/sabl..............            0            0             
    Rockfish.....................            0        2,500             
    Pacific cod..................       62,500       65,000             
    Plck/Atka/othr...............       18,750      172,500             
                                  --------------------------------------
      Total......................      250,000      750,000             
Pacific halibut, mortality (mt):                                        
    Yellowfin sole...............                                    205
    Rcksol/oth.flat/flathead sole                                    183
    turb/arrow/sabl..............                                      0
    Rockfish.....................                                     28
    Pacific cod..................                                    421
    Plck/Atka/othr...............                                    107
                                               -------------------------
      Total......................                                    944
Pacific herring, mt:                                                    
    Midwater pollock.............                                    307
    Yellowfin sole...............                                     72
    Rcksol/oth.flat/flathead sole                                      0
    Turb/arrow/sabl..............                                      0
    Rockfish.....................                                      2
    Pacific cod..................                                      6
    Plck/Atka/othr \5\...........                                     38
                                               -------------------------
      Total......................                                    425
Nontrawl Fisheries:                                                     
    Pacific halibut, mortality                                          
     (mt):                                                              
        Pacific cod Hook-and-line                                    200
        Other nontrawl...........                                     25
        Groundfish pot gear......                                  (\6\)
        Groundfish jig gear......                                  (\6\)
        Sablefish hook-and-line..                                  (\6\)
                                               -------------------------
          Total..................  ...........  ...........          225
------------------------------------------------------------------------
\1\ Refer to Sec.  679.2 for definitions of Bycatch Limitation Zones.   
\2\ Rock sole, flathead sole, and other flatfish fishery category.      
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery        
  category.                                                             
\4\ Pollock, Atka mackerel, and ``other species'' fishery category.     
\5\ Pollock other than midwater pollock, Atka mackerel, and ``other     
  species'' fishery category.                                           

4. Closures to Directed Fishing

    In accordance with Sec. 679.20(d), if the Administrator, Alaska 
Region, NMFS (Regional Administrator) determines that the amount of a 
target species or ``other species'' category apportioned to a fishery 
or, with respect to pollock, to an inshore or offshore component 
allocation, will be reached, the Regional Administrator may establish a 
directed fishing allowance for that species or species group. If the 
Regional Administrator establishes a directed fishing allowance, and 
that allowance is or will be reached before the end of the fishing 
year, NMFS will prohibit directed fishing for that species or species 
group in the specified subarea or district (Sec. 697.20(d)(1)(iii)). 
Similarly, under Sec. 679.21(e), if the Regional Administrator 
determines that a fishery category's bycatch allowance of halibut, red 
king crab, or C. bairdi Tanner crab for a specified area has been 
reached, the Regional Administrator will prohibit directed fishing for 
each species in that category in the specified area.
    The Regional Administrator has determined that the interim TAC 
amounts of pollock in the Bogoslof District, Pacific ocean perch in the 
Bering Sea subarea, sharpchin/northern in the Aleutian Islands, 
shortraker/rougheye in the Aleutian Islands, other rockfish in the 
Bering Sea and Aleutian Islands subareas, and other red rockfish in the 
Bering Sea subarea will be necessary as incidental catch to support 
other anticipated groundfish fisheries prior to the time that final 
specifications for groundfish are in effect for the 1997 fishing year 
(Table 3). Therefore, in accordance with Sec. 679.20(d), NMFS is 
prohibiting directed fishing for these target species and gear types in 
the specified area identified in Table 3 to prevent exceeding the 
interim amounts of groundfish TACs specified in Table 1 of this 
document.
    An interim Zone 1 red king crab bycatch allowance of zero crab is 
specified for the rockfish trawl fishery, which is defined at 
Sec. 679.21(e)(3)(iv)(D). Similarly, the interim BSAI halibut bycatch 
allowance specified for the Greenland turbot/arrowtooth flounder/
sablefish trawl fishery category, defined at Sec. 679.21(e)(3)(iv)(C), 
is 0 mt. The Regional Administrator has determined, in accordance with 
Secs. 679.21(e)(7)(ii) and 679.21(e)(7)(iv), that the interim red king 
crab bycatch allowance specified for the trawl rockfish fishery in Zone 
1

[[Page 60048]]

and the interim halibut bycatch allowance specified for the Greenland 
turbot/arrowtooth flounder/sablefish trawl fishery category has been 
caught. Therefore, NMFS is prohibiting directed fishing for rockfish in 
Zone 1 by vessels using trawl gear, and for Greenland turbot/arrowtooth 
flounder/ sablefish by vessels using trawl gear in the BSAI (Table 3).
    The closures listed in Table 3 will be in effect during the period 
that the 1997 interim specifications for groundfish TAC amounts are in 
effect beginning at 0001 hours, A.l.t., January 1, 1997, until 
superseded by the Final 1997 Initial Harvest Specifications for 
Groundfish. While these closures are in effect, the maximum retainable 
bycatch amounts at Sec. 679.20(e) apply at any time during a fishing 
trip. Additional closures and restrictions may be found in existing 
regulations at 50 CFR part 679.

Table 3--Closures to Directed Fishing Under 1997 Interim TAC Amounts \1\
------------------------------------------------------------------------
            Fishery (all gear)                     Closed area \2\      
------------------------------------------------------------------------
Pollock in Bogoslof District..............  Statistical Area 518.       
Pacific ocean perch.......................  Bering Sea Subarea.         
Sharpchin/northern rockfish...............  Aleutian Islands subarea.   
Shortraker/rougheye rockfish..............  Aleutian Islands subarea.   
Other rockfish \3\........................  BSAI.                       
Other red rockfish \4\....................  Bering Sea subarea.         
Rockfish (trawl only).....................  Zone 1.                     
Greenland turbot/arrowtooth/sablefish       BSAI.                       
 (trawl only).                                                          
------------------------------------------------------------------------
\1\ These closures to directed fishing are in addition to closures and  
  prohibitions found in regulations at 50 CFR part 679.                 
\2\ Refer to Sec.  679.2 for definitions of areas.                      
\3\ In the BSAI, ``Other rockfish'' includes Sebastes and Sebastolobus  
  species except for Pacific ocean perch and the ``other red rockfish'' 
  species.                                                              
\4\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and
  northern.                                                             

    After consideration of public comments on the Proposed 1997 Initial 
Specifications for Groundfish and additional scientific information 
presented at its December 1996 meeting, the Council may recommend other 
closures to directed fishing. NMFS may implement other closures at the 
time the Final 1997 Initial Harvest Specifications are implemented or 
during the 1997 fishing year, as necessary for effective management.

Classification

    This action is authorized under 50 CFR part 679 and is exempt from 
review under E.O. 12866.
    The AA finds for good cause under 5 U.S.C. 553(b)(B) that the need 
to establish interim total allowable catch limitations and other 
restrictions on fisheries in the BSAI, effective on January 1, 1997, 
makes it impracticable and contrary to the public interest to provide 
prior notice and opportunity for public comment on this rule. 
Regulations at Sec. 679.20(c)(2) require NMFS to specify interim 
harvest specifications to be effective on January 1 and remain in 
effect until superseded by the final specifications in order for the 
BSAI groundfish fishing season to begin on January 1 (see Sec. 679.23). 
Without interim specifications in effect on January 1, the groundfish 
fisheries would not be able to open on January 1 which would result in 
unnecessary closures and disruption within the fishing industry. 
Because the stock assessment reports and other information concerning 
the fisheries in the BSAI became available only recently, NMFS is not 
able to provide an opportunity for comment on the interim 
specifications. It is anticipated that the interim specifications will 
be in effect for only a short period of time before they are superseded 
by the final specifications. The proposed specifications are published 
as a proposed rule in this issue of the Federal Register and provide 
the opportunity for public comment.

    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. 96-30046 Filed 11-22-96; 8:45 am]
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