[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Proposed Rules]
[Pages 64310-64318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30888]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 961126334-6334-01; I.D. 111296A]
RIN 0648-xx74


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Proposed 1997 Harvest Specifications

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

ACTION: Proposed 1997 initial specifications for groundfish; 
apportionment of reserves; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes initial harvest specifications for groundfish 
and associated management measures in the Gulf of Alaska (GOA) for the 
1997 fishing year. This action is necessary to carry out management 
objectives contained in the Fishery Management Plan for Groundfish of 
the Gulf of Alaska (FMP).

DATES: Comments must be received by December 30, 1996.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, National Marine Fisheries Service, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel.
    The preliminary Stock Assessment and Fishery Evaluation (SAFE) 
Report, dated September 1996, is available from the North Pacific 
Fishery Management Council, 605 West 4th Ave., Suite 306, Anchorage, AK 
99501-2252.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The domestic groundfish fisheries in the exclusive economic zone of 
the GOA are managed by NMFS according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska. The FMP was prepared by the North 
Pacific Fishery Management Council (Council) under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. The FMP is 
implemented by regulations at 50 CFR part 679.
    This action proposes for the 1997 fishing year: (1) Specifications 
of total allowable catch (TAC) for each groundfish target species 
category in the GOA, and reserves; (2) apportionments of reserves; (3) 
apportionments of the sablefish TAC to vessels using hook-and-line and 
trawl gear; (4) apportionments of pollock and Pacific cod TAC; (5) 
``other species'' TAC; (6) halibut prohibited species catch (PSC) 
limits; and (7) fishery and seasonal allocations of the halibut PSC 
limits.
    Comments on the proposed 1997 specifications and proposed 
apportionments of reserves are invited from the public through December 
30, 1996. After again consulting with the Council, NMFS will publish 
final specifications for the 1997 fishing year in the Federal Register.
    Regulations at Sec. 679.20(c)(2) require that one-fourth of the 
preliminary or proposed specifications (not including the reserves and 
the first seasonal allowance of pollock), one-fourth of the inshore and 
offshore allocations of Pacific cod in each regulatory area, the 
proposed first seasonal allowance of pollock, and one-fourth of the 
halibut PSC amounts become effective at 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.
    NMFS is publishing, in the Rules and Regulations section of this 
Federal Register issue, interim TAC specifications and apportionments 
thereof for the 1997 fishing year that will become available 0001 
hours, A.l.t., January 1, 1997, and remain in effect until superseded 
by the final 1997 harvest specifications.

[[Page 64311]]

1. Proposed Establishment of TAC Amounts and Apportionments Thereof

    Under Sec. 679.20(c)(1)(i)(A), NMFS, after consultation with the 
Council, publishes in the Federal Register proposed specifications of 
annual TAC amounts. These proposed specifications indicate 
apportionments of TAC amounts for each target species and the ``other 
species'' category. The sum of the TAC amounts for all species must 
fall within the combined optimum yield (OY) range, of 116,000-800,000 
metric tons (mt), established for these species.
    The reserves for the GOA (under Sec. 679.20(b)(2)) are 20 percent 
of the TAC amounts for pollock, Pacific cod, flatfish target species 
categories, and ``other species.'' The GOA groundfish TAC amounts have 
been fully utilized by the respective domestic target species 
categories since 1987, and NMFS expects the same to occur in 1997. 
Therefore, NMFS proposes apportionment of all the reserves to the 
respective target species categories.
    The Council met from September 18 through 22, 1996, to review 
scientific information concerning groundfish stocks. The preliminary 
SAFE Report, dated September 1996, prepared and presented to the 
Council by the GOA Plan Team (Plan Team), summarizes the best available 
scientific information on the status of stocks.
    The September 1996 SAFE Report contains updated stock assessments 
that mainly include new catch information. The 1996 triennial trawl 
survey was conducted this year; however, the results were not available 
for the preliminary stock assessments. Survey information should be 
available for incorporation into assessments for the final 1996 SAFE 
Report issued in November. Details of the assessments can be found in 
the September 1996 SAFE Report.
    The Council's proposed 1997 acceptable biological catch (ABC) 
amounts for Pacific cod, sablefish, rex sole, shortraker/rougheye and 
other slope rockfish are reduced from the 1996 ABC levels specified for 
these species; whereas the 1997 ABCs for pollock, deepwater flatfish, 
flathead sole, shallow water flatfish, arrowtooth, and POP increased 
from 1996. The proposed 1997 ABC amounts, as recommended by the 
Council, for all other species or species groups are unchanged from the 
1996 amounts.
    The September 1996 SAFE report contains a separate stock assessment 
for arrowtooth flounder, which was previously contained in the 
comprehensive flatfish assessment. For Pacific cod a new model 
configuration was used that is identical to the Eastern Bering Sea 
Pacific cod assessment model and a new age-structured model was used 
for sablefish. Although Amendment 44 has yet to be approved by NMFS, 
the Plan Team adopted preliminary ABC's based on the new 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 ABC's for some species.
    The ABC for Pacific cod, as recommended by the Plan Team, the SSC 
and the Council, is 52,000 mt compared to the 1996 ABC of 65,000 mt. 
The 1997 ABC is consistent with the ABC amounts anticipated to be 
generated under low recruitment levels. Last year the Plan Team 
selected an ABC value related to the uncertainty in the current stock 
level by choosing the lower 95 percent confidence limit. The data 
required to compute the same this year are not yet available. However, 
applying the proportional decrease in exploitable biomass between last 
year and this year to the 1996 ABC gives a 1997 ABC of 52,000 mt.
    The preliminary sablefish stock assessment does not yet include 
data from this year's longline survey. This information will be 
included for the final assessment in December. However, a new 
assessment was done this year for sablefish that is based on an age-
structured model, compared to previous assessments on the delay-
difference equation model. Biomass projections based on the age-
structured model are lower than the projections from the delay-
difference model; however, this was only one factor that resulted in a 
lower 1997 ABC (11,620 mt) estimate for sablefish compared to 1996 
(17,080 mt). New fishing mortality rates, as derived from the new ABC 
and overfishing limit (OFL) definitions, also contributed to the lower 
1997 ABC for sablefish.
    The POP stock assessment produced a 1997 ABC of 11,780 mt. The 
preliminary 1997 OFL for POP is 17,630 mt. These recommendations were 
accepted by the SSC and the Council.
    No new information exists for Atka mackerel; therefore, the best 
available estimate of Atka mackerel abundance in the GOA is from the 
1993 survey. From this information, the Plan Team proposed an ABC of 
6,480 mt. However, the SSC remains concerned about the lack of 
recruitment for this species. Because the species may be particularly 
sensitive to fishing pressure and is important as a prey species for 
Steller sea lions, the SSC recommended that a conservative exploitation 
rate of M/2 (one half of the natural mortality rate) be used to 
calculate the ABC, reducing the ABC to 3,240 mt. The Council adopted 
the SSC's ABC, which was also the 1996 ABC.
    The Plan Team continues to recommend a reorganization of the 
pelagic shelf rockfish complex. The proposed 1997 ABC is derived almost 
entirely from dusky rockfish catches in the trawl surveys because black 
rockfish and other assemblage species are not adequately sampled by 
trawls. The Council remains concerned about localized overexploitation 
of black rockfish and other nearshore species. As a result, the Council 
requested an analysis of options for reorganizing the pelagic shelf 
rockfish complex and managing the resultant groups (Amendment 46 to the 
FMP). This analysis received initial review by the Council at its 
September meeting. Final Council review is scheduled for its December 
1996 meeting. Appropriate changes to the 1997 GOA groundfish 
specifications would be made pending Council adoption and NMFS approval 
of this action.
    The total 1997 ABC amount for all species recommended by the SSC 
and accepted by the Council is 546,720 mt.
    The Advisory Panel (AP) recommended a 1997 TAC amount of 269,945 
mt. The AP recommended 1997 TAC amounts equal the 1997 ABC amounts, as 
recommended by the SSC, for all species except deep-water flatfish, 
shallow-water flatfish, flathead sole, arrowtooth flounder, and POP. 
For the flatfish groups, the AP recommended a 1997 TAC that equals the 
1996 TAC amount.
    In addition, the Council recommended TAC amounts for other slope 
rockfish `that equal the 1996 TAC levels, which would support bycatch 
needs in other fisheries. However, the 1996 Central Regulatory Area TAC 
amount of 1,170 mt exceeds the ABC for that area. Therefore, NMFS 
proposes to establish a 1997 TAC for other slope rockfish in the 
Central Regulatory Area equal to the 1997 ABC of 960 mt. As a result of 
this change to the Council's recommendation, the overall TAC amount and 
the ``other species'' TAC amount are reduced to 265,692 mt and 12,652 
mt, respectively.
    The TAC for POP is established by an algorithm in the POP 
Rebuilding Plan and is calculated for 1997 at 8,130 mt. Amendment 38 to 
the GOA FMP, which allows flexibility for the Council to

[[Page 64312]]

establish the TAC for POP at the algorithm level in the Rebuilding Plan 
or below that level, was approved by the Secretary of Commerce (61 FR 
51374; October 2, 1996). During its December 1996 meeting, the Council 
may adjust the POP TAC downward for biological or resource conservation 
concerns not previously considered in the Rebuilding Plan.
    The Council considered information in the SAFE Report, 
recommendations from its SSC and its AP, as well as public testimony. 
The Council then accepted the ABC amounts as recommended by the SSC. 
The Council accepted the TAC amounts as recommended by the AP, except 
for the ``other slope rockfish'' for which the above-mentioned 
adjustments were made.
    The proposed 1997 ABC amounts and TAC amounts, as well as the ABC 
and TAC apportionments, are shown in Table 1.

     Table 1--Proposed 1997 ABC amounts and Proposed TAC amounts of     
 Groundfish for the Western/Central (W/C), Western (W), Central (C), and
 Eastern (E) Regulatory Areas and in the West Yakutat (WYak), Southeast 
  Outside (SEO), and Gulfwide (GW) Districts of the Gulf of Alaska \1\, 
                                   \2\                                  
------------------------------------------------------------------------
            Species                   Area          ABC          TAC    
------------------------------------------------------------------------
                                                                        
(1)(mt)                                                                 
                                               -------------------------
Pollock: \3\                                                            
                                 W (61).......       36,300       36,300
                                 C (62).......       18,300       18,300
                                 C (63).......       19,500       19,500
                                               -------------------------
          Subtotal.............  W/C..........      *74,100      *74,100
                                 E............       *4,010       *4,010
                                               =========================
      Total....................  .............       78,110       78,110
Pacific cod: \4\                                                        
  Inshore......................  W............  ...........       13,570
  Offshore.....................  W............  ...........        1,510
  Inshore......................  C............  ...........       30,890
  Offshore.....................  C............  ...........        3,430
  Inshore......................  E............  ...........        2,340
  Offshore.....................  E............  ...........          260
                                               -------------------------
      Subtotal.................  W............       15,080      *15,080
                                 C............       34,320      *34,320
                                 E............        2,600       *2,600
                                ========================================
      Total....................  .............       52,000       52,000
Flatfish, Deep-water: \5\                                               
                                 W............        1,020          460
                                 C............       12,380        7,500
                                 E............        8,760        3,120
                                               -------------------------
      Total....................  .............       22,160       11,080
Rex sole:                                                               
                                 W............        1,080        1,080
                                 C............        5,640        5,640
                                 E............        2,250        2,250
                                               -------------------------
      Total....................  .............        8,970        8,970
Flathead sole:                                                          
                                 W............        9,790        2,000
                                 C............       18,940        5,000
                                 E............        3,020        2,740
                                               -------------------------
      Total....................  .............       31,750        9,740
Flatfish, Shallow-water \6\                                             
                                 W............       31,590        4,500
                                 C............       25,980       12,950
                                 E............        3,160        1,180
                                               -------------------------
      Total....................  .............       60,730       18,630
Arrowtooth flounder:                                                    
                                 W............       35,390        5,000
                                 C............      175,250       25,000
                                 E............       35,150        5,000
                                               -------------------------
      Total....................  .............      245,790       35,000
Sablefish: \7\                                                          
                                 W............        1,500        1,500
                                 C............        4,690        4,690
                                 WY...........        2,060        2,060
                                 SEO..........        3,370        3,370
                                               -------------------------

[[Page 64313]]

                                                                        
      Total....................  .............       11,620       11,620
Pacific ocean perch: \8\                                                
                                 W............        2,130        1,470
                                 C............        5,640        3,900
                                 E............        4,010        2,760
                                               -------------------------
      Total....................  .............       11,780        8,130
Shortraker/rougheye: \9\                                                
                                 W............          160          160
                                 C............        1,100        1,100
                                 E............          480          480
                                               -------------------------
      Total....................  .............        1,740        1,740
Rockfish, other slope \10\,                                             
 \11\                                                                   
                                 W............          150          100
                                 C............          960          960
                                 E............        4,750          750
                                               -------------------------
      Total....................  .............        5,860        1,810
Rockfish, northern \12\                                                 
                                 W............          640          640
                                 C............        4,610        4,610
                                 E............           20           20
                                               -------------------------
      Total....................  .............        5,270        5,270
Rockfish, pelagic shelf \13\                                            
                                 W............          910          910
                                 C............        3,200        3,200
                                 E............        1,080        1,080
                                               -------------------------
      Total....................  .............        5,190        5,190
Demersal shelf rockfish \14\...  SEO..........          950          950
Thornyhead rockfish............  GW...........        1,560        1,560
Atka mackerel:                                                          
                                 W............        2,310        2,310
                                 C............          925          925
                                 E............            5            5
                                               -------------------------
      Total....................  .............        3,240        3,240
Other species \15\.............    ...........      NA \16\       12,652
                                               -------------------------
      GOA Total................  .............  546,720\17\     265,692 
------------------------------------------------------------------------
* Amounts are subtotals and are not cumulative.                         
\1\ See Sec.  679.2 for definitions of regulatory area and statistical  
  area. See Figure 3b to part 679 for a description of regulatory       
  district.                                                             
\2\ Reserves are proposed to be apportioned to target species and are   
  reflected in the proposed TAC amounts.                                
\3\ Pollock is apportioned to three statistical areas in the combined   
  Western/Central Regulatory Area (Table 3), each of which is further   
  divided into three seasonal allowances. In the Eastern Regulatory     
  Area, pollock is not divided into seasonal allowances.                
\4\ Pacific cod is allocated 90 percent to the inshore, and 10 percent  
  to the offshore component. Component allowances are shown in Table 4. 
\5\ ``Deep-water flatfish'' means Dover sole and Greenland turbot.      
\6\ ``Shallow water flatfish'' means flatfish not including ``deep-water
  flatfish,'' flathead sole, rex sole, or arrowtooth flounder.          
\7\ Sablefish is allocated to trawl and hook-and-line gears (Table 2).  
\8\ ``Pacific ocean perch'' means Sebastes alutus.                      
\9\ ``Shortraker/rougheye rockfish'' means Sebastes borealis            
  (shortraker) and S. aleutianus (rougheye).                            
\10\ ``Other rockfish'' in the Western and Central Regulatory Areas and 
  in the West Yakutat District means slope rockfish and demersal shelf  
  rockfish. The category ``other rockfish'' in the Southeast Outside    
  District means slope rockfish.                                        
\11\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus 
  (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S.   
  crameri (darkblotch), S. elongatus (greenstriped), S. variegateu      
  (harlequin), S. wilsoni (pygmy), S. proriger (redstripe), S. zacentrus
  (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. 
  diploproa (splitnose), S. saxicola (stripetail), S. miniatus          
  (vermilion), S. babcocki (redbanded), and S. reedi (yellowmouth).     
\12\ ``Northern rockfish'' means Sebastes polyspinis.                   
\13\ ``Pelagic shelf rockfish'' includes Sebastes melanops (black), S.  
  mystinus (blue), S. ciliatus (dusky), S. entomelas (widow), and S.    
  flavidus (yellowtail).                                                
\14\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S.   
  nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.   
  helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus
  (yelloweye).                                                          
\15\ ``Other species'' includes sculpins, sharks, skates, eulachon,     
  smelts, capelin, squid, and octopus. The TAC for ``other species''    
  equals 5 percent of the TAC amounts of target species.                
\16\ NA=not applicable.                                                 
\17\ The total ABC reflects the sum of the ABC amounts for target       
  species.                                                              


[[Page 64314]]

2. Proposed Apportionment of Reserves

    Regulations implementing the FMP establish initial reserves of 20 
percent of each TAC for pollock, Pacific cod, flatfish species, and the 
``other species'' category (Sec. 679.20(b)(2)). Consistent with 
Sec. 679.20(b)(2), NMFS is proposing to apportion the 1997 reserves to 
each of the four species categories. Specifications of TAC shown in 
Table 1 reflect apportioned reserves.

3. Proposed Apportionment of the Sablefish TAC Amounts to Users of 
Hook-and-Line and Trawl Gear

    Under Sec. 679.20(a)(4) (i) and (ii), sablefish TAC amounts for 
each of the regulatory areas and districts are assigned to hook-and-
line and trawl gear. In the Central and Western Regulatory Areas, 80 
percent of the TAC amounts is allocated to vessels using hook-and-line 
gear and 20 percent is allocated to vessels using trawl gear. In the 
Eastern Regulatory Area, 95 percent of the TAC is assigned to vessels 
using hook-and-line gear and 5 percent is assigned to vessels using 
trawl gear. The trawl gear allocation in the Eastern Regulatory Area 
may only be used as bycatch to support directed fisheries for other 
trawl target species. Sablefish caught in the GOA with gear other than 
hook-and-line or trawl must be treated as prohibited species and may 
not be retained. Table 2 shows the assignments of the proposed 1997 
sablefish TAC amounts between vessels using hook-and-line and trawl 
gears.

   Table 2.--Proposed 1997 Sablefish TAC Specifications in the Gulf of  
     Alaska and Assignments Thereof to Hook-and-Line and Trawl Gear     
------------------------------------------------------------------------
                                                 Hook-and-              
          Area/District                TAC       line share  Trawl share
------------------------------------------------------------------------
                                                                        
(2) (mt)                                                                
                                  --------------------------------------
Western..........................        1,500        1,200          300
Central..........................        4,690        3,750          940
Eastern..........................  ...........  ...........  ...........
  West Yakutat...................        2,060        1,960          100
  Southeast Outside..............        3,370        3,200          170
                                  --------------------------------------
      Total......................       11,620       10,110        1,510
------------------------------------------------------------------------

4. Proposed Apportionments of Pollock and Pacific Cod TAC Amounts

    In the GOA, pollock is apportioned by area and season. Regulations 
at Sec. 679.20(a)(5)(ii)(A) require that the TAC for pollock in the 
combined Western/Central (W/C) Regulatory Areas be apportioned among 
statistical areas Shumagin (610), Chirikof (620), and Kodiak (630) in 
proportion to known distribution of the pollock biomass. This measure 
was intended to provide spatial distribution of the pollock harvest as 
a sea lion protection measure. Under regulations at 
Sec. 679.20(a)(5)(ii)(B) the pollock TAC for the W/C Regulatory Areas 
is apportioned into three seasonal allowances of 25, 25 and 50 percent, 
respectively. As established under Sec. 679.23(d)(2), the first, second 
and third seasonal allowances of the W/C Regulatory Area pollock TAC 
amounts are available on January 1, June 1, and September 1, 
respectively. Within any fishing year, any unharvested amount of any 
seasonal allowance of pollock TAC is added in equal proportions to all 
subsequent seasonal allowances, resulting in a sum for each allowance 
not to exceed 150 percent of the initial seasonal allowance. Similarly, 
harvests in excess of a seasonal allowance of TAC are deducted in equal 
proportions from the remaining seasonal allowances of that fishing 
year. The Eastern Regulatory Area proposed TAC of 4,010 mt is not 
allocated among smaller areas, or seasonally.
    Regulations at Sec. 679.20(a)(6)(ii) require the allocation of the 
pollock apportionment in all regulatory areas and for all seasonal 
allowances to the inshore and offshore components as defined at 
Sec. 679.2. Similarly regulations at Sec. 679.20(a)(6)(iii) require 
allocation of the Pacific cod apportionment in all regulatory areas to 
the inshore and offshore components. The inshore component would be 
allocated 100 percent of the pollock TAC in each regulatory area after 
subtraction of amounts that are determined by the Administrator, Alaska 
Region, NMFS (Regional Administrator) as necessary to support the 
bycatch needs of the offshore component in directed fisheries for other 
groundfish species. At this time, these bycatch amounts are unknown and 
will be determined during the fishing year. The proposed distribution 
of pollock within the combined W/C Regulatory Areas is shown in Table 
3, except that the allocation to the inshore and offshore components 
are not shown.
    The inshore component for Pacific cod would be allocated 90 percent 
of the TAC in each regulatory area. Inshore and offshore component 
allocations of the proposed 52,000 mt TAC for each regulatory area are 
shown in Table 4.

[[Page 64315]]



Table 3.--Proposed Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/
 C GOA); Biomass Distribution, Area Apportionments, and Seasonal Allowances. ABC for the W/C GOA is proposed to 
  be 74,100 Metric Tons (mt). Biomass Distribution is based on 1993 Survey Data. TAC Amounts are Equal to ABC.  
                           Inshore and Offshore Allocations of Pollock are Not Shown.                           
----------------------------------------------------------------------------------------------------------------
                                                                                    Seasonal allowances         
               Statistical area                    Biomass        1997    --------------------------------------
                                                   percent      ABC=TAC       First        Second       Third   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
(2) (mt)                                                                                                        
                                               -----------------------------------------------------------------
Shumagin (61).................................          49         36,300        9,075        9,075       18,150
Chirikof (62).................................          24.7       18,300        4,575        4,575        9,150
Kodiak (63)...................................          26.3       19,500        4,875        4,875        9,750
                                               -----------------------------------------------------------------
      Total...................................         100         74,100       18,525       18,525       37,050
----------------------------------------------------------------------------------------------------------------


Table 4.--Proposed 1997 Allocation of Pacific Cod in the Gulf of Alaska;
             Allocations to Inshore and Offshore Components.            
------------------------------------------------------------------------
                                                  Component Allocation  
                                               -------------------------
         Regulatory area               TAC        Inshore      Offshore 
                                                   (90%)        (10%)   
------------------------------------------------------------------------
                                                                        
(2) (mt)                                                                
                                  --------------------------------------
Western..........................       15,080       13,570        1,510
Central..........................       34,320       30,890        3,430
Eastern..........................        2,600        2,340          260
                                  --------------------------------------
      Total......................       52,000       46,800        5,200
------------------------------------------------------------------------

5. ``Other Species'' TAC

    The FMP specifies that amounts for the ``other species'' category 
are calculated as 5 percent of the combined TAC amounts for target 
species. The GOA-wide ``other species'' TAC is calculated as 12,652 mt, 
which is 5 percent of the sum of combined TAC amounts for the target 
species.

6. Proposed Halibut PSC Mortality Limits

    Under Sec. 679.21(d), annual Pacific halibut PSC mortality limits 
are established for trawl and hook-and-line gear and may be established 
for pot gear. At its September meeting, the Council recommended that 
NMFS reestablish the PSC limits of 2,000 mt for the trawl fisheries and 
300 mt for the hook-and-line fisheries, with 10 mt of the hook-and-line 
limit allocated to the demersal shelf rockfish (DSR) fishery in the 
Southeast Outside District and the remainder to the other hook-and-line 
fisheries.
    Regulations at Sec. 679.21(d)(4) authorize exemption of specified 
nontrawl fisheries from the halibut PSC limit. As in 1996, the Council 
proposes to exempt pot gear and the hook-and-line sablefish fishery 
from the nontrawl halibut limit for 1997. The Council proposed these 
exemptions because the halibut bycatch mortality experienced in the pot 
gear fisheries was low (17 mt in 1996) and because the sablefish and 
halibut Individual Fishing Quota (IFQ) program, implemented in 1995, 
allows retention of legal-sized halibut in the sablefish fishery.
    NMFS preliminarily concurs in the Council's 1997 recommendations 
for halibut bycatch limits and seasonal apportionments (Table 5).

 Table 5--Proposed 1997 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC Limit for Hook-and-Line Gear is Allocated to
                                         the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than DSR                                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Trawl Gear                                                               Hook-and-line Gear                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Other than DSR                                       DSR                
                 Dates                   Amount  (mt)  (%) ---------------------------------------------------------------------------------------------
                                                                       Dates                 Amount  (mt)  (%)            Dates        Amount  (mt)  (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31...........................         600  (30%)  Jan 1-May 14..............  242  (83%)................       Jan 1-Dec 31         10  (100%)
Apr 1-Jun 30...........................         400  (20%)  May 15-Aug 31.............  29  (10%).................                                      
Jul 1-Sep 30...........................         600  (30%)  Sep 1-Dec 31..............  19  (6.5%)................                                      
Oct 1-Dec 31...........................         400  (20%)                                                                                              
                                        ----------------------------------------------------------------------------------------------------------------
      Total............................      2,000  (100%)  ..........................  290  (100%)...............  .................         10  (100%)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Regulations at Sec. 679.21(d)(3)(iii) authorize the apportionment 
of the trawl halibut PSC limit to a deep-water species fishery 
(comprised of sablefish, rockfish, deep-water flatfish, rex sole and 
arrowtooth flounder) and a shallow-water species fishery (comprised of 
pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka 
mackerel,

[[Page 64316]]

and ``other species''). The proposed apportionment for these two 
fishery complexes is presented in Table 6 and is unchanged from 1996.

   Table 6.--Proposed 1997 Apportionment of Pacific Halibut PSC Trawl   
   Limits Between the Deep-water Species Fishery and the Shallow-water  
                             Species Fishery                            
------------------------------------------------------------------------
                                     Shallow-                           
              Season                  water      Deep-water     Total   
------------------------------------------------------------------------
                                                    (mt)                
                                                                        
------------------------------------------------------------------------
Jan. 20-Mar. 31..................          500          100          600
Apr. 1-Jun. 30...................          100          300          400
Jul. 1-Sep. 30...................          200          400          600
Oct. 1-Dec. 31...................                                       
(2)No apportionment between                                             
 shallow and deep for the 4th                                           
 quarter.                                                               
------------------------------------------------------------------------

    Some changes may be made by the Council or NMFS in the seasonal, 
gear type and fishing-complex apportionments of halibut PSC limits for 
the final 1997 harvest specifications. NMFS considers the following 
types of information in setting halibut PSC limits as presented by, and 
summarized from, the preliminary 1996 SAFE Report, or from public 
comment and testimony.
(A) Estimated Halibut Bycatch in Prior Years
    The best available information on estimated halibut bycatch is 
available from data collected during 1996 by observers. The calculated 
halibut bycatch mortality by trawl, hook-and-line, and pot gear through 
September 21, 1996, is 1,611 mt, 164 mt, and 17 mt, respectively, for a 
total halibut mortality of 1,792 mt.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries during the first, second, and third quarters of the 1996 
fishing year and are anticipated to constrain trawl gear fisheries 
during the fourth quarter. Trawling for the deep-water fishery complex 
was closed during the first quarter on March 21 (61 FR 13462; March 27, 
1996), for the second quarter on April 15 (61 FR 17256; April 19, 1996) 
and for the third quarter on August 7 (61 FR 41523, August 9, 1996). 
The shallow-water fishery complex was closed in the second quarter on 
May 13 (61 FR 24729, May 16, 1996) and in the third quarter on August 5 
(61 FR 41363, August 8, 1996). The amount of groundfish that might have 
been harvested if halibut had not been seasonally limiting in 1996 is 
unknown. However, lacking market incentives, some amounts of groundfish 
will not be harvested, regardless of halibut PSC bycatch availability.
(B) Expected Changes in Groundfish Stocks
    At its September 1996 meeting, the Council recommended 1997 ABC 
amounts lower than 1996 ABC amounts for Pacific cod, rex sole, 
sablefish, shortraker/rougheye and other slope rockfish. The Council 
proposed a 1997 ABC higher than the 1996 ABC for pollock, deepwater 
flatfish, flathead sole, shallow water flatfish, arrowtooth flounder, 
and POP.
    The proposed 1997 ABC amounts for the remaining species or species 
groups are unchanged from 1996 amounts. More information on these 
proposed changes is included in the preliminary SAFE Report, dated 
September 1996, and in the AP, SSC, and Council minutes from the 
September 1996 meeting.
(C) Expected Changes in Groundfish Catch
    The total of the proposed 1997 TAC amounts for the GOA is 265,692 
mt, which represents 102 percent of the sum of TAC amounts for 1996 
(260,227 mt). Significant changes in TAC amounts for pollock, Pacific 
cod, sablefish and POP are proposed. Increases in TAC are proposed for 
pollock and POP and decreases in TAC are proposed for Pacific cod and 
sablefish. The proposed increases in TAC should not directly affect 
halibut bycatch.
(D) Current Estimates of Halibut Biomass and Stock Condition
    No new information exists on halibut biomass and stock condition. 
New information may be available by the December Council meeting. The 
most recent stock assessment was conduced in 1995 by the International 
Pacific Halibut Commission (IPHC). That assessment indicates that the 
total exploitable biomass of Pacific halibut in the GOA is 
approximately 166.9 million lb (75,705 mt). This amount represents a 
decline in biomass of approximately 16 percent from the previous year's 
stock assessment, a rate that is higher than the 5-15 percent annual 
decline observed in previous years. The low recruitment of recent years 
indicates that the stock may continue its decline at a rate of about 
10-15 percent per year over the next several years.
(E) Potential Impacts of Expected Fishing for Groundfish on Halibut 
Stocks and U.S. Halibut Fisheries
    The allowable commercial catch of halibut will be adjusted to 
account for the overall halibut PSC mortality limit established for 
groundfish fisheries. The 1997 groundfish fisheries are expected to use 
the entire proposed halibut PSC limit of 2,300 mt. The allowable 
directed commercial catch is determined by accounting for the 
recreational catch, waste, and bycatch mortality, and then providing 
the remainder to the directed fishery. Groundfish fishing is not 
expected to affect the halibut stocks.
(F) Methods Available for, and Costs of, Reducing Halibut Bycatches in 
Groundfish Fisheries
    Methods available for reducing halibut bycatch include: (1) 
reducing halibut bycatch rates through the Vessel Incentive Program; 
(2) modifications to gear; (3) changes in groundfish fishing seasons; 
(4) individual transferable quota programs; and (5) time/area closures.
    Reductions in groundfish TAC amounts provide no incentive for 
fishermen to reduce bycatch rates. Costs that would be imposed on 
fishermen as a result of reducing TAC amounts depend on species and 
amounts of groundfish foregone.
    Trawl vessels carrying observers for purposes of complying with the 
observer coverage requirements (50 CFR 679.50) are subject to the 
Vessel Incentive Program. The program encourages trawl fishermen to 
avoid

[[Page 64317]]

high halibut bycatch rates while conducting groundfish fisheries by 
specifying bycatch rate standards for various target fisheries.
    Current regulations (Sec. 679.24(b)(1)(ii)) require groundfish pots 
to have halibut exclusion devices to reduce halibut bycatch. Resulting 
low bycatch and mortality rates of halibut in pot fisheries have 
justified exempting pot gear from PSC limits.
    The regulations also define pelagic trawl gear in a manner intended 
to reduce bycatch of halibut by displacing fishing effort off the 
bottom of the sea floor when certain halibut bycatch levels are reached 
during the fishing year. The definition provides standards for physical 
conformation (Sec. 679.2, see Authorized gear) and performance of the 
trawl gear in terms of crab bycatch (Sec. 679.7(b)(3)). Furthermore, 
all hook-and-line vessel operators are required to employ careful 
release measures when handling halibut bycatch (Sec. 679.7(b)(2)). This 
measure is intended to reduce handling mortality, increase the amount 
of groundfish harvested under the available halibut mortality bycatch 
limits, and possibly lower overall halibut bycatch mortality in 
groundfish fisheries.
    The sablefish/halibut IFQ program (implemented in 1995) was 
intended, in part, to reduce the halibut discard mortality in the 
sablefish fishery.
    Methods available for reducing halibut bycatch listed above will be 
reviewed by NMFS and the Council to determine their effectiveness. 
Changes will be initiated, as necessary, in response to this review or 
to public testimony and comment.
    Consistent with the goals and objectives of the FMP to reduce 
halibut bycatches while providing an opportunity to harvest the 
groundfish OY, NMFS proposes the assignments of 2,000 mt and 300 mt of 
halibut PSC mortality limits to trawl and hook-and-line gear, 
respectively. While these limits would reduce the harvest quota for 
commercial halibut fishermen, NMFS has determined that they would not 
result in unfair allocation to any particular user group. NMFS 
recognizes that some halibut bycatch will occur in the groundfish 
fishery, but the Vessel Incentive Program, required modifications to 
gear, and implementation of the halibut IFQ program are intended to 
reduce adverse impacts on halibut fishermen while promoting the 
opportunity to achieve the OY from the groundfish fishery.

7. Proposed Seasonal Apportionments of the Halibut PSC Limits

    Under Sec. 679.21(d)(5), NMFS proposes to apportion seasonally the 
halibut PSC limits after consulting the Council. The regulations 
require that NMFS base any seasonal allocations of halibut PSC on the 
following types of information: (1) Seasonal distribution of halibut, 
(2) seasonal distribution of target groundfish species relative to 
halibut distribution, (3) expected halibut bycatch needs on a seasonal 
basis relevant to changes in halibut biomass and expected catches of 
target groundfish species, (4) expected variations in bycatch rates 
throughout the year, (5) expected changes in directed groundfish 
fishing seasons, (6) expected actual start of fishing effort, and, (7) 
economic effects of establishing seasonal halibut allocations on 
segments of the target groundfish industry.
    The Council recommended the same seasonal allocation of PSC limits 
for the 1997 fishing year as those in effect during the 1996 fishing 
year. The final 1996 initial groundfish and PSC specifications (61 FR 
4304, February 5, 1996) summarized the Council's findings with respect 
to each of the FMP considerations set forth above. At this time, the 
Council's findings are unchanged from those set forth for 1996.
    Pacific halibut PSC limits, and seasonal apportionments thereof, 
are presented in Table 5. The regulations specify that any overages or 
shortfalls in PSC catches will be accounted for in the 1997 season. The 
Council did not recommend changes in the seasonal apportionments for 
the hook-and-line gear fisheries from those specified in 1996.
    The Council proposed that the assumed halibut mortality rates 
developed by staff of the IPHC for the 1996 GOA 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 (61 FR 4304, February 5, 1996). The 
proposed mortality rates listed in Table 7 are subject to change after 
the Council considers an updated analysis on halibut mortality rates in 
the groundfish fisheries that IPHC staff are scheduled to present to 
the Council at the Council's December 1996 meeting.

   Table 7.--1997 Assumed Pacific Halibut Mortality Rates for Vessels   
   Fishing in the Gulf of Alaska. Table Values are Percent of Halibut   
                       Bycatch Assumed to be Dead                       
------------------------------------------------------------------------
                        Gear and Target                                 
------------------------------------------------------------------------
Hook-and-Line:                                                          
  Sablefish...................................................        24
  Pacific cod.................................................        13
  Rockfish....................................................        19
Trawl:                                                                  
  Midwater pollock............................................        68
    Rockfish..................................................        58
    Shallow-water flatfish....................................        64
  Pacific cod.................................................        57
  Deep-water flatfish.........................................        56
  Bottom pollock..............................................        57
Pot:                                                                    
  Pacific cod.................................................        18
------------------------------------------------------------------------

Classification

     This action is authorized under 50 CFR 679.20 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 total allowable 
catch (TAC) and acceptable biological catch amounts for the 1997 
fishing year. In addition, the proposed specifications would 
establish overfishing levels, prohibited species catch allowances, 
and seasonal allowances of the pollock TAC.
    The proposed 1997 TAC is 265,692 metric tons or 2.1 percent 
greater than the 1996 final TAC. The difference reflects increased 
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 Gulf of 
Alaska groundfish fishery is 1,541, 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 would 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.


[[Page 64318]]


    A draft environmental assessment (EA) on the allowable harvest 
levels set forth in the final 1996 SAFE Report will be available for 
public review from NMFS, Alaska Region (see ADDRESSES), and at the 
December 1996 Council meeting. After the December meeting, a final EA 
will be prepared on the final 1996 TAC amounts after consultation with 
the Council.
    Consultation pursuant to section 7 of the Endangered Species Act 
has been initiated for the 1997 GOA initial specifications.

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

    Dated: November 27, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-30888 Filed 11-29-96; 2:52 pm]
BILLING CODE 3510-22-P