[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)]
[Rules and Regulations]
[Pages 65989-65991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31849]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 900833-1095; I.D. 112596D]


Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate 
Standards for the First Half of 1997

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

ACTION: Pacific halibut and red king crab bycatch rate standards; 
request for comments.

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SUMMARY: NMFS announces Pacific halibut and red king crab bycatch rate 
standards for the first half of 1997. Publication of these bycatch rate 
standards is necessary under regulations implementing the vessel 
incentive program. This action is necessary to implement the bycatch 
rate standards for trawl vessel operators who participate in the Alaska 
groundfish trawl fisheries. The intent of this action is to reduce 
prohibited species bycatch rates and promote conservation of groundfish 
and other fishery resources.

DATES: Effective 1201 hours, Alaska local time (A.l.t.), January 20, 
1997, through 2400 hours, A.l.t., June 30, 1997. Comments on this 
action must be received at the following address no later than 4:30 
p.m., A.l.t., January 15, 1997.

ADDRESSES: Comments should be mailed to Ronald J. Berg, Chief, 
Fisheries Management Division, NMFS, P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori Gravel; or be delivered to 709 West 9th Street, 
Federal Building, Room 401, Juneau, AK.

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

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) and Gulf of Alaska (GOA) are managed by NMFS 
according to the Fishery Management Plan for the Groundfish Fishery of 
the Bering Sea and Aleutian Islands Area and the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (FMPs). The FMPs were 
prepared by the North Pacific Fishery Management Council (Council) 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and are implemented by 
regulations governing the U.S. groundfish fisheries at 50 CFR part 679.
    Regulations at Sec. 679.21(f) implement a vessel incentive program 
to reduce halibut and red king crab bycatch rates in the groundfish 
trawl fisheries. Under the incentive program, operators of trawl 
vessels may not exceed Pacific halibut bycatch rate standards specified 
for the BSAI and GOA midwater pollock and ``other trawl'' fisheries, 
and the BSAI yellowfin sole and ``bottom pollock'' fisheries. Vessel 
operators also may not exceed red king crab bycatch standards specified 
for the BSAI yellowfin sole and ``other trawl'' fisheries in Bycatch 
Limitation Zone 1 (defined in Sec. 679.2). The fisheries included under 
the incentive program are defined in regulations at Sec. 679.21(f)(2).
    Regulations at Sec. 679.21(f)(3) require that halibut and red king 
crab bycatch rate standards for each fishery included under the 
incentive program be published in the Federal Register. The standards 
are in effect for specified seasons within the 6-month periods of 
January 1 through June 30, and July 1 through December 31. Given that 
the GOA and BSAI groundfish fisheries are closed to trawling from 
January 1 to January 20 of each year (Sec. 679.23(c)), the 
Administrator, Alaska Region, NMFS (Regional Administrator) is 
promulgating bycatch rate standards for the first half of 1997 
effective from January 20, 1997, through June 30, 1997.
    At its September 1996 meeting, the Council reviewed halibut and red 
king crab bycatch rates experienced by vessels participating in the 
fisheries under the incentive program during 1993-1996. Based on this 
and other information presented below, the Council recommended halibut 
and red king crab bycatch rate standards for the first half of 1997. 
These standards are unchanged from those specified for the first half 
of 1994, 1995, and 1996. The Council's recommended bycatch rate 
standards are listed in Table 1.

 Table 1.--Bycatch Rate Standards, by Fishery and Quarter, for the First
  Half of 1997 for Purposes of the Vessel Incentive Program in the BSAI 
                                 and GOA                                
------------------------------------------------------------------------
           Fishery and quarter               1997 bycatch rate standard 
------------------------------------------------------------------------
Halibut bycatch rate standards (kilogram (kg) of halibut/metric ton (mt)
                          of groundfish catch                           
------------------------------------------------------------------------
BSAI Midwater pollock:                                                  
  Qt 1...................................  1.0                          
  Qt 2...................................  1.0                          
BSAI Bottom pollock:                                                    
  Qt 1...................................  7.5                          
  Qt 2...................................  5.0                          
BSAI Yellowfin sole:                                                    
  Qt 1...................................  5.0                          
  Qt 2...................................  5.0                          
BSAI Other trawl:                                                       
  Qt 1...................................  30.0                         
  Qt 2...................................  30.0                         
GOA Midwater pollock:                                                   
  Qt 1...................................  1.0                          
  Qt 2...................................  1.0                          
GOA Other trawl:                                                        
  Qt 1...................................  40.0                         
  Qt 2...................................  40.0                         
                                                                        
------------------------------------------------------------------------

[[Page 65990]]

                                                                        
    Zone 1 red king crab bycatch rate standards (number of crab/mt of   
                           groundfish catch)                            
------------------------------------------------------------------------
BSAI yellowfin sole:                                                    
  Qt 1...................................  2.5                          
  Qt 2...................................  2.5                          
BSAI Other trawl:                                                       
  Qt 1...................................  2.5                          
  Qt 2...................................  2.5                          
------------------------------------------------------------------------

    As required by Sec. 679.21(f)(4), the Council's recommended bycatch 
rate standards for January through June are based on the following 
information:
    (A) Previous years' average observed bycatch rates;
    (B) Immediately preceding season's average observed bycatch rates;
    (C) The bycatch allowances and associated fishery closures 
specified under Secs. 679.21 (d) and (e);
    (D) Anticipated groundfish harvests;
    (E) Anticipated seasonal distribution of fishing effort for 
groundfish; and
    (F) Other information and criteria deemed relevant by the Regional 
Administrator.
    The recommended 1997 standards are based largely on anticipated 
seasonal fishing effort for groundfish species and 1993-96 halibut and 
red king crab bycatch rates observed in the trawl fisheries included 
under the incentive program. The Council anticipates that the 1997 
prohibited species bycatch allowances, groundfish harvests, and 
seasonal distribution of fishing effort will be similar to 1996.

Bycatch Rate Standards for Pacific Halibut

    As in past years, the halibut bycatch rate standard recommended for 
the BSAI and GOA midwater pollock fisheries (1 kg halibut/mt of 
groundfish) is higher than the bycatch rates normally experienced by 
vessels participating in these fisheries. The recommended standard is 
intended to encourage vessel operators to maintain off-bottom trawl 
operations and limit further bycatch of halibut in the pollock fishery 
when halibut bycatch restrictions at Sec. 679.21 prohibit directed 
fishing for pollock by vessels using nonpelagic trawl gear.
    The recommended halibut bycatch rate standards for the BSAI 
``bottom pollock'' fishery continue to approximate the average annual 
rates observed on trawl vessels participating in this fishery during 
the past 5 years. During the first quarter of 1996, the average halibut 
bycatch rate in this fishery was 2.18 kg halibut/mt groundfish. 
Directed fishing for pollock by the offshore and inshore component 
pollock fisheries in the Bering Sea subarea during the 1996 pollock roe 
season closed February 26 and March 2, respectively, and in the 
Aleutian Islands subarea for the offshore component on March 2. 
Directed fishing for pollock by these components did not reopen until 
September 1, the start of the pollock nonroe season. Directed fishing 
for pollock in the Aleutian Islands subarea by the inshore component 
closed March 10, reopened for a 24-hour period from March 15 until 
March 16, 1996, and did not reopen until September 1. As in past years, 
the directed fishing allowances specified for the 1997 pollock roe 
season likely will be reached before the end of the roe season on April 
15. Directed fishing for pollock is prohibited from the end of the 
pollock roe season (April 15) until the beginning of the pollock nonroe 
season (September 1), except by vessels fishing under the Community 
Development Quota program (50 CFR part 679, subpart C).
    Data available on halibut bycatch rates in the yellowfin sole 
fishery during the first and second quarters of 1996 showed an average 
bycatch rate of about 2.89 and 4.19 kg halibut/mt of groundfish, 
respectively. As in past years, the Council has presumed that a bycatch 
rate standard of 5.0 kg halibut/mt of groundfish for the yellowfin sole 
fishery will continue to encourage vessel operators to take action to 
avoid excessively high bycatch rates of halibut.
    A 30 kg halibut/mt of groundfish bycatch rate standard was 
recommended for the BSAI ``other trawl'' fishery. This standard is 
unchanged since 1992. The Council recommended a 40 kg halibut/mt of 
groundfish bycatch rate standard for the GOA ``other trawl'' fishery, 
which is unchanged from 1994. Observer data collected from the 1996 
BSAI ``other trawl'' fishery show first and second quarter halibut 
bycatch rates of 11 and 13 kg halibut/mt of groundfish, respectively. 
Observer data collected from the 1996 GOA ``other trawl'' fishery show 
first and second quarter halibut bycatch rates of 15 and 49 kg halibut/
mt of groundfish, respectively.
    With the exception of the GOA second quarter ``other trawl'' 
fishery, the average bycatch rates experienced by vessels participating 
in the GOA and BSAI ``other trawl'' fisheries generally have been lower 
than the Council's recommended bycatch rate standards for these 
fisheries. The Council determined that its recommended halibut bycatch 
rate standards for the ``other trawl'' fisheries, including the second 
quarter GOA fishery, would continue to provide an incentive to vessel 
operators to avoid unusually high halibut bycatch rates while 
participating in these fisheries and contribute towards an overall 
reduction in halibut bycatch rates experienced in the Alaska trawl 
fisheries. Furthermore, these standards would provide some leniency to 
those vessel operators that choose to use large mesh trawl gear as a 
means to reduce groundfish discard amounts. The bycatch rates of 
halibut and crab could increase for those vessels using this gear type, 
but observer data do not exist on which to base a revised bycatch rate 
standard for these operations. The Council recommended maintaining the 
current bycatch rate standards for the ``other trawl'' fisheries until 
observer data becomes available that would provide a basis for bycatch 
rate standards for vessels using large mesh trawl gear.

Bycatch Rate Standards for Red King Crab

    The Council's recommended red king crab bycatch rate standard for 
the BSAI yellowfin sole and ``other trawl'' fisheries in Zone 1 of the 
Bering Sea subarea is 2.5 crab/mt of groundfish during the first half 
of 1997. This standard is unchanged since 1992. The red king crab 
bycatch rates experienced by the yellowfin sole and the ``other trawl'' 
fisheries in Zone 1 during the first quarter of 1996 were reduced 
significantly from past years and averaged 0.00 and 0.14 crab/mt of 
groundfish, respectively. The average bycatch rates of red king crab 
experienced in these two fisheries during the second quarter of 1995 
were 0.01 and 0.00 crab/mt groundfish, respectively. The low 1996 red 
king crab bycatch rates primarily were due to interim trawl closures in 
Zone 1 that were implemented in 1995 and 1996 to reduce red king crab 
bycatch rates. The low bycatch rates experienced by the 1996 fisheries 
also were a result, in part, to the closure of Zone 1 to the yellowfin 
sole fishery on March 20, 1996, due to the attainment of the fishery's 
Zone 1 C. bairdi Tanner crab bycatch allowance. The BSAI rock sole/
flathead sole/other flatfish fisheries were closed from February 26 
until April 1; April 13 until June 3; June 8 until July 1; and July 31 
until the end of the year due to the attainment of seasonal halibut 
bycatch allowances.

[[Page 65991]]

    The total bycatch of red king crab by vessels participating in the 
1996 yellowfin sole and ``other trawl'' fisheries is estimated at about 
16,800 crab, or about 8 percent of the 200,000 red king crab bycatch 
limit established for the trawl fisheries in Zone 1. The 1996 bycatch 
amounts of red king crab are reduced substantially from those 
experienced in 1994 and 1995 (244,634 and 32,600 crab, respectively). 
As mentioned above, this reduction primarily is due to interim trawl 
closures in Zone 1 implemented to reduce red king crab bycatch rates 
(60 FR 4866, January 25, 1995; 60 FR 63451, December 11, 1995). On 
November 26, 1996, NMFS approved an amendment to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area that would implement a similar trawl closure on a permanent basis, 
as well as additional seasonal closures in near shore areas to protect 
sensitive crab habitat. Therefore, NMFS expects that the 1997 red king 
crab bycatch rates in Zone 1 will be similar to those experienced in 
1996. In spite of anticipated 1997 red king crab bycatch rates 
significantly lower than 2.5 red king crab/mt of groundfish, the 
Council recommended the red king crab bycatch rate standards be 
maintained at this level to avoid unusually high crab bycatch rates 
while providing some leniency to those vessel operators that choose to 
use large mesh trawl gear as a means to reduce groundfish discard 
amounts.
    The Regional Administrator has determined that Council 
recommendations for bycatch rate standards are appropriately based on 
the information and considerations necessary for such determinations 
under Sec. 679.21(f). Therefore, the Regional Administrator concurs in 
the Council's determinations and recommendations for halibut and red 
king crab bycatch rate standards for the first half of 1997 as set 
forth in Table 1. These bycatch rate standards may be revised and 
published in the Federal Register when deemed appropriate by the 
Regional Administrator pending his consideration of the information set 
forth at Sec. 679.21(f)(4).
    As required in regulations at Secs. 679.2 and 679.21(f)(5), the 
1997 fishing months are specified as the following periods for purposes 
of calculating vessel bycatch rates under the incentive program:

Month 1: January 1 through February 1;
Month 2: February 2 through March 1;
Month 3: March 2 through March 29;
Month 4: March 30 through May 3;
Month 5: May 4 through May 31;
Month 6: June 1 through June 28;
Month 7: June 29 through August 2;
Month 8: August 3 through August 30;
Month 9: August 31 through September 27;
Month 10: September 28 through November 1;
Month 11: November 2 through November 29; and
Month 12: November 30 through December 31.

Classification

    This action is taken under 50 CFR 679.21(f) and is exempt from 
review under E.O. 12866.

    Authority: 16 U.S.C. 773 et seq., 1801 et seq.
    Dated: December 11, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-31849 Filed 12-13-96; 8:45 am]
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