[Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
[Rules and Regulations]
[Pages 63878-63880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31707]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 112497E]


Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate 
Standards for the First Half of 1998

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 1998. 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, 
1998, through 2400 hours, A.l.t., June 30, 1998. Comments on this 
action must be received at the following address no later than 4:30 
p.m., A.l.t., January 2, 1998.

ADDRESSES: Comments should be mailed to the Assistant Regional 
Administrator, Sustainable Fisheries 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: Alan Kinsolving, 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. Because the 
Alaskan 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 1998 effective from January 20, 1998, 
through June 30, 1998.
    As required by Sec. 679.21(f)(4), bycatch rate standards are based 
on the following information:
    (A) Previous years' average observed bycatch rates;
    (B) Immediately preceding season's average observed bycatch rates;

[[Page 63879]]

    (C) The bycatch allowances and associated fishery closures 
specified under Secs. 679.20 and 675.21;
    (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.
    At its September 1997 meeting, the Council reviewed halibut and red 
king crab bycatch rates experienced by vessels participating in the 
fisheries under the incentive program during 1993-1997. Based on this 
and other information presented below, the Council recommended halibut 
and red king crab bycatch rate standards for the first half of 1998. 
These standards are unchanged from those specified for the past 4 
years. 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 1998 for Purposes of the Vessel Incentive Program in the BSAI 
                                 and GOA                                
------------------------------------------------------------------------
                      Fishery and quarter                          1998 
-------------------------------------------------------------------\1\--
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
                                                                        
 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 
------------------------------------------------------------------------
\1\ 1998 bycatch rate standard.                                         

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 non-pelagic 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 
1993 (7.49 kg halibut/mt groundfish). Though the average bycatch rate 
has decreased since that time, the recommended halibut bycatch rate 
standards remain at a relatively high level to discourage unacceptably 
high halibut bycatch rates. During the first quarter of 1997, the 
average halibut bycatch rate in this fishery was only 1.35 kg halibut/
mt groundfish. The pollock roe season begins January 20 and ends April 
15. In 1997, the inshore and offshore component fisheries for pollock 
were closed 3 to 8 weeks prior to April 15, depending on the processing 
component and area. Directed fishing for pollock by the inshore and 
offshore component fisheries did not reopen until September 1, the 
start of the pollock nonroe season. Directed fishing for pollock by 
vessels participating in the community development quota program could 
continue after the end of roe season. However, the community 
development quota pollock fishery did not resume until just prior to 
September 1. As in past years, the directed fishing allowances 
specified for the 1998 pollock roe season likely will be reached before 
the end of the roe season on April 15.
    Data available on halibut bycatch rates in the yellowfin sole 
fishery during the first and second quarters of 1997 showed an average 
bycatch rate of 6.1 and 5.0 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.
    For the ``other trawl'' fisheries, a 30-kg halibut/mt of groundfish 
bycatch rate standard was recommended for the BSAI and a 40-kg halibut/
mt of groundfish bycatch rate standard was recommended for the GOA. 
Observer data collected from the 1997 BSAI ``other trawl'' fishery show 
first and second quarter halibut bycatch rates of 8.9 and 10.1 kg 
halibut/mt of groundfish, respectively. Observer data collected from 
the 1997 GOA ``other trawl'' fishery show first and second quarter 
halibut bycatch rates of 20.3 and 63.7 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 large mesh 
sizes, but observer data do not exist on which to base a revised 
bycatch rate standard. 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

    For the BSAI yellowfin sole and ``other trawl'' fisheries in Zone 1 
of the Bering Sea subarea, the Council's recommended red king crab 
bycatch rate standard is 2.5 crab/mt of groundfish. This standard is 
unchanged since 1992. The red king crab bycatch rates experienced by 
the yellowfin sole fishery in Zone 1 during the first and second 
quarters of 1997 averaged 0.07 and 0.13 crab/mt of groundfish, 
respectively. The average bycatch rates of red king crab experienced in 
the ``other trawl'' fishery during the first and second quarter of 1997 
were 0.40 and 0.02 crab/mt groundfish, respectively. The low 1997 red 
king crab bycatch rates primarily were due to trawl closures in Zone 1 
that were implemented to reduce red king crab bycatch. The yellowfin 
sole and Pacific cod fisheries were closed in Zone 1 on May 13 and 
April 23, respectively,

[[Page 63880]]

because C. bairdi Tanner crab bycatch allowances were reached.
    During 1997 through October, the total bycatch of red king crab by 
vessels participating in the yellowfin sole and ``other trawl'' 
fisheries is estimated at 48,000 crab, considerably less than the 
100,000 red king crab bycatch limit established for the trawl fisheries 
in Zone 1. NMFS anticipates that the 1998 red king crab bycatch rates 
in Zone 1 will be similar to those experienced in 1997 and that the red 
king crab bycatch limit will remain unchanged.
    In spite of anticipated 1998 red king crab bycatch rates being 
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 who 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 1998 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 Sec. 679.2 and Sec. 679.21(f)(5), the 1998 fishing 
months are specified as the following periods for purposes of 
calculating vessel bycatch rates under the incentive program:

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

Classification

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

    Authority: 16 U.S.C. 773 et seq., 1801 et seq. and 3631 et seq.

    Dated: November 26, 1997.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-31707 Filed 12-2-97; 8:45 am]
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