[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Rules and Regulations]
[Pages 31367-31369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 900833-1095; I.D. 052997D]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Halibut and Red King Crab Bycatch Rate Standards for the Second 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 second half of 1997. Publication of these bycatch 
rate standards is required under regulations implementing the vessel 
incentive program. This action is necessary to implement the bycatch 
rate standards for 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 1200 hours, Alaska local time (A.l.t.), July 1, 1997, 
through 2400 hours, A.l.t., December 31, 1997. Comments on this action 
must be received at the following address no later than 4:30 p.m., 
A.l.t., June 30, 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 Aleutians 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 and are implemented by regulations

[[Page 31368]]

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 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. For purposes of 
calculating vessel bycatch rates under the incentive program, 1997 
fishing months were specified in the Federal Register on December 16, 
1996 (61 FR 65989).
    Halibut and red king crab bycatch rate standards for the first half 
of 1997 also were published in the Federal Register (61 FR 65989, 
December 16, 1996). As required by Sec. 679.21(f)(3) and (4), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
established the bycatch rate standards for the second half of 1997 
(July 1 through December 31). These standards were recommended by the 
Council at its April 1997 meeting and are set out in Table 1. The 
bycatch rate standards are based on the following information:
    1. Previous years' average observed bycatch rates;
    2. Immediately preceding season's average observed bycatch rates;
    3. The bycatch allowances and associated fishery closures specified 
under Sec. 679.21(d) and (e);
    4. Anticipated groundfish harvests;
    5. Anticipated seasonal distribution of fishing effort for 
groundfish; and
    6. Other information and criteria deemed relevant by the Regional 
Administrator.

 Table 1. Bycatch Rate Standards By Fishery for the Second Half of 1997 
    for Purposes of the Vessel Incentive Program In the Bsai and GOA.   
------------------------------------------------------------------------
                                                                 Bycatch
                            Fishery                               rate  
                                                                standard
------------------------------------------------------------------------
    Halibut bycatch rate standards (kilogram of halibut/metric ton of   
                            groundfish catch)                           
------------------------------------------------------------------------
BSAI Midwater pollock.........................................       1.0
BSAI Bottom pollock...........................................       5.0
BSAI Yellowfin sole...........................................       5.0
BSAI Other trawl..............................................      30.0
GOA Midwater pollock..........................................       1.0
GOA Other trawl...............................................      40.0
------------------------------------------------------------------------
 Zone 1 red king crab bycatch rates standards (number of crab/metric ton
                          of groundfish catch)                          
------------------------------------------------------------------------
BSAI yellowfin sole...........................................       2.5
BSAI Other trawl..............................................       2.5
------------------------------------------------------------------------

Bycatch Rate Standards for Pacific Halibut

    The halibut bycatch rate standards for the July 1-December 31, 1997 
trawl fisheries are unchanged from those implemented for the July 1-
December 31, 1996 trawl fisheries. The Regional Administrator based 
standards for the second half of 1997 on anticipated seasonal fishing 
effort for groundfish species and 1993-1997 halibut bycatch rates 
observed in the trawl fisheries included under the incentive program. 
In determining these bycatch rate standards, the Regional Administrator 
recognized that directed fishing for BSAI Pacific cod by catcher 
vessels using trawl gear is closed for the remainder of the year (62 FR 
24058, May 2, 1997). Directed fishing for Pacific cod and flatfish 
species in Bycatch Limitation Zone 1 (Zone 1) by vessels using trawl 
gear also is closed because 1997 bycatch allowances of Chionoecetes 
bairdi Tanner crab specified for these fisheries have been reached (62 
FR 10479, March 7, 1997; 62 FR 22896, April 28, 1997; 62 FR 27210, May 
19, 1997). Given the present status of halibut bycatch in the yellowfin 
sole fishery, the Regional Administrator anticipates that the third 
seasonal allowance for this fishery will be reached by mid June (62 FR 
16112, April 4, 1997. The fishery will remain closed until August 15 
when the remainder of its halibut bycatch allowance becomes available. 
The Regional Administrator also considered the September 1 opening date 
of the 1997 Bering Sea pollock non-roe season (Sec. 679.23(e)(2)).
    Directed fishing for GOA groundfish by vessels using trawl gear 
other than pelagic trawl gear is closed until July 1 (62 FR 25138, May 
8, 1997), when the third seasonal allowance of Pacific halibut bycatch 
specified for the deep water and shallow water fisheries becomes 
available (62 FR 8179, February 24, 1997).
    The halibut bycatch rate standards for the BSAI yellowfin sole and 
``bottom pollock'' trawl fisheries are each set at 5 kilogram (kg) 
halibut/metric ton (mt) of groundfish. These standards approximate the 
average annual rates observed on trawl vessels participating in these 
fisheries since 1992.
    The halibut bycatch rate standard for the BSAI and GOA midwater 
pollock fisheries (1 kg halibut/mt of groundfish) is higher than the 
bycatch rates normally experienced by vessels participating in these 
fisheries. This standard is intended to encourage vessel operators to 
maintain off-bottom trawl operations and limit further bycatch of 
halibut in the pollock fishery when halibut bycatch restrictions at 
Sec. 679.21 prohibit directed fishing for pollock by vessels using non-
pelagic trawl gear.
    A bycatch rate standard of 30 kg halibut/mt of groundfish is 
established for the BSAI ``other trawl'' fishery. This standard has 
remained unchanged since 1992. A bycatch rate standard of 40 kg 
halibut/mt of groundfish is established for the GOA ``other trawl'' 
fishery, which is unchanged since 1994. The considerations that support 
these bycatch rate standards for the ``other trawl'' fisheries are 
unchanged from previous years and are discussed in the Federal Register 
publications of 1995 bycatch rate standards (60 FR 2905, January 12, 
1995, and 60 FR 27425, May 24, 1995).
    Observer data collected from the 1996 GOA ``other trawl'' fishery 
show average third and fourth quarter halibut bycatch rates of 25 and 
47 kg halibut/mt of groundfish, respectively. The first quarter rate 
from 1997 was lower, at 20 kg halibut/mt of groundfish. Observer data 
from the 1996 BSAI ``other trawl'' fishery show third and fourth 
quarter halibut bycatch rates of 6 and 12 kg halibut/mt of groundfish, 
respectively. The first quarter rate from the 1997 BSAI ``other trawl'' 
fishery was 6 kg halibut/mt of groundfish.

Bycatch Rate Standards for Red King Crab

    The red king crab bycatch rate standard for the yellowfin sole and 
``other trawl'' fisheries in Zone 1 of the Bering Sea subarea is 2.5 
crab/mt of groundfish during the second half of

[[Page 31369]]

1997. This standard has remained unchanged since 1992.
    The red king crab savings area in Zone 1 is closed to directed 
fishing for groundfish by vessels using trawl gear other than pelagic 
trawl gear (Sec. 679.22(a)(3)). This closure is effective for the 
remainder of 1997 and has limited the number of red king crab taken in 
the Zone 1 trawl fisheries. Through May 10, 1997, the rock sole/
flathead sole/other flatfish fishery category had taken 75 percent of 
its annual red king crab bycatch allowance. The Pacific cod and 
yellowfin sole fisheries have taken only 25 percent and 38 percent, 
respectively, of their bycatch allowances. As a result, NMFS does not 
anticipate that the red king crab bycatch allowances specified for the 
1997 trawl fisheries (62 FR 7168, February 18, 1997) will be reached. 
Furthermore, red king crab bycatch rates should remain low given that 
the intensive flatfish and Pacific cod trawl fisheries in Zone 1 are 
closed for the remainder of the year. Nonetheless, as in past years, 
the Regional Administrator is maintaining the 2.5 red king crab/mt of 
groundfish bycatch rate standard to support any exploratory fishing in 
Zone 1 by vessel operators attempting to avoid relatively high halibut 
and C. bairdi bycatch rates typically experienced in other areas of the 
BSAI.
    The Regional Administrator has determined that the bycatch rate 
standards set out in Table 1 are appropriately based on the information 
and considerations necessary for such determinations under 
Sec. 679.21(f)(4). 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).

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: June 2, 1997.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries.
[FR Doc. 97-14920 Filed 6-6-97; 8:45 am]
BILLING CODE 3510-22-P