[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Rules and Regulations]
[Pages 65622-65626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32680]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208295-7295-01; I.D. 111897A]


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Interim 1998 Harvest Specifications

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

ACTION: Interim 1998 harvest specifications for groundfish and 
associated management measures.

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SUMMARY: NMFS issues interim 1998 total allowable catch (TAC) amounts 
for each category of groundfish and specifications for prohibited 
species bycatch allowances for the groundfish fishery of the Gulf of 
Alaska (GOA). The intended effect is to conserve and manage the 
groundfish resources in the GOA.

EFFECTIVE DATE: 0001 hrs, Alaska local time (A.l.t.), January 1, 1998, 
until the effective date of the final 1998 harvest specifications for 
GOA groundfish, which will be published in the Federal Register.

ADDRESSES: The preliminary 1998 Stock Assessment and Fishery Evaluation 
(SAFE) Report, dated September 1997, is available from the North 
Pacific Fishery Management Council, 605 West 4th Avenue, Suite 306, 
Anchorage, AK 99501-2252, telephone 907-586-7237.

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-486-6919.

SUPPLEMENTARY INFORMATION:

Background

    Groundfish fisheries in the GOA are governed by Federal regulations 
at 50 CFR part 679 that implement the Fishery Management Plan for 
Groundfish of the Gulf of Alaska (FMP). The FMP was prepared by the 
North Pacific Fishery Management Council (Council) and approved by NMFS 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). The FMP is implemented by 
regulations at 50 CFR part 679. General regulations that also pertain 
to the U.S. fisheries appear at 50 CFR part 600.
    The Council met September 22-29, 1997, to review scientific 
information concerning groundfish stocks. The Council adopted for 
public review the preliminary SAFE Report for the 1998 GOA groundfish 
fisheries. The preliminary SAFE Report, dated September 1997, provides 
an update on the status of stocks. Copies of the preliminary SAFE 
Report are available from the Council (see ADDRESSES). The Council 
recommended a preliminary total TAC of 309,715 metric tons (mt) and a 
preliminary total acceptable biological catch (ABC) of 532,020 mt for 
the 1998 fishing year.
    Under Sec. 679.20(c)(1)(ii), NMFS is publishing in the Proposed 
Rules section of this issue of the Federal Register for review and 
comment proposed harvest specifications for groundfish and associated 
management measures in the GOA for the 1998 fishing year. That document 
contains a detailed discussion of the 1998 specification process and of 
the proposed 1998 ABCs and overfishing levels, proposed establishment 
of the 1998 annual TAC and initial TAC amounts and apportionments 
thereof and reserves for each target species and the ``other species'' 
category, apportionments of pollock and Pacific cod TAC, apportionments 
of the sablefish TAC to vessels using hook-and-line and trawl gear, and 
halibut prohibited species catch (PSC) limits.

[[Page 65623]]

    This action establishes interim harvest specifications and 
apportionments thereof for the 1998 fishing year effective on January 
1, 1998, that will remain in effect until superseded by the final 1998 
harvest specifications. Background information concerning the 1998 
harvest specification process upon which this interim action is based 
is provided in the above-mentioned proposed harvest specifications 
document appearing in the Proposed Rules section of this Federal 
Register issue.

1. Establishment of Interim TACs

    Section 679.20(c)(2) requires that interim specifications--one-
fourth of the 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--be established effective 0001 hours, A.l.t., 
January 1, that will remain in effect until superseded by final harvest 
specifications, which will be published in the Federal Register.
    The reserves for the GOA are 20 percent of the TAC amounts for 
pollock, Pacific cod, flatfish species, and the ``other species'' 
category. Given that the GOA groundfish TAC amounts have been utilized 
fully since 1987, and NMFS expects the same to occur in 1998, NMFS 
proposes reapportioning all the reserves to TAC, except for Pacific 
cod. The interim TAC amounts contained in Table 1 reflect the 
reapportionment of reserves back to the TAC.

2. Interim 1998 GOA Groundfish Harvest Specifications and 
Apportionments Thereof

    Table 1 sets forth interim TAC amounts, interim TAC allocations of 
Pacific cod to the inshore and offshore components, the first seasonal 
allowance of pollock in the combined Western and Central regulatory 
areas, and interim sablefish TAC apportionments to hook-and-line and 
trawl gear. These interim TAC amounts and apportionments thereof become 
effective at 0001 hours, A.l.t., January 1, 1998.

    Table 1.--Interim 1998 TAC Amounts of Groundfish for the Combined   
    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 (GOA) \1\ \2\.
 The First Seasonal Allowances of Pollock in the Combined W/C Regulatory
 Areas. Interim Sablefish TAC Apportionments to Hook-and-line (H/L) and 
                            Trawl (TRW) Gear                            
------------------------------------------------------------------------
                                                            Interim TAC 
           Species                       Area                  (mt)     
------------------------------------------------------------------------
Pollock \3\ \4\                                                         
                              W (610)                             6,050 
                              C (620)                            10,165 
                              C (630)                             7,985 
                                                         ---------------
    Subtotal................  W/C                                24,200 
                              E                                   2,200 
                                                         ---------------
    Total...................  ..........................         26,400 
                                                         ===============
Pacific cod \5\                                                         
    Inshore.................  W                                   4,361 
    Offshore................  W                                     484 
    Inshore.................  C                                   7,864 
    Offshore................  C                                     874 
    Inshore.................  E                                     216 
    Offshore................  E                                      24 
                                                         ---------------
      Total.................  ..........................         13,823 
                                                         ===============
Flatfish, Deep-water \6\                                                
                              W                                      85 
                              C                                     923 
                              E                                     785 
                                                         ---------------
    Total...................  ..........................          1,793 
                                                         ===============
Rex sole                                                                
                              W                                     297 
                              C                                   1,373 
                              E                                     618 
                                                         ---------------
    Total...................  ..........................          2,288 
                                                         ===============
Flathead sole                                                           
                              W                                     500 
                              C                                   1,250 
                              E                                     510 
                                                         ---------------
    Total...................  ..........................          2,260 
                                                         ===============
Flatfish, Shallow-water \7\                                             
                              W                                   1,125 

[[Page 65624]]

                                                                        
                              C                                   3,238 
                              E                                     295 
                                                         ---------------
    Total...................  ..........................          4,658 
                                                         ===============
Arrowtooth flounder                                                     
                              W                                   1,250 
                              C                                   6,250 
                              E                                   1,250 
                                                         ---------------
    Total...................  ..........................          8,750 
                                                         ===============
Sablefish \8\ \9\ \10\                                                  
      H/L...................  W                                N/A (372)
      TRW...................  W                                      93 
      H/L...................  C                              N/A (1,282)
      TRW...................  C                                     321 
      H/L...................  Wyak                             N/A (573)
      TRW...................  WYak                                   30 
      H/L...................  SEO                              N/A (912)
      TRW...................  SEO                                    48 
                                                         ---------------
    Total...................  ..........................          3,631 
                                                         ===============
Pacific ocean perch \11\                                                
                              W                                     368 
                              C                                   1,338 
                              E                                     592 
                                                         ---------------
    Total...................  ..........................          2,298 
                                                         ===============
Shortraker/rougheye \12\                                                
                              W                                      40 
                              C                                     242 
                              E                                     115 
                                                         ---------------
    Total...................  ..........................            397 
                                                         ===============
Rockfish, northern \13\                                                 
                              W                                     210 
                              C                                   1,037 
                              E                                       3 
                                                         ---------------
    Total...................  ..........................          1,250 
                                                         ===============
Rockfish, other \14\ \15\                                               
                              W                                       5 
                              C                                     162 
                              E                                     375 
                                                         ---------------
    Total...................  ..........................            542 
                                                         ===============
Rockfish, pelagic shelf \16\                                            
                              W combined                            142 
                              C offshore                            830 
                              C nearshore                            65 
                              E combined                            248 
                                                         ---------------
    Total...................  ..........................          1,285 
                                                         ===============
Rockfish, demersal shelf SEO                                            
 \17\                                                                   
                              SEO                                   237 
Thornyhead rockfish                                                     
                              GW                                    425 
Atka mackerel                                                           
                              GW                                    250 

[[Page 65625]]

                                                                        
Other species \18\..........  ..........................          3,687 
                                                         ===============
    GOA Total Interim TAC...  ..........................        73,974  
------------------------------------------------------------------------
(Interim TAC amounts have been rounded.)                                
\1\ Reserves have been reapportioned back to each species TAC and are   
  reflected in the interim TAC amounts except for Pacific cod. (See Sec.
   679.20(a)(2))                                                        
\2\ See Sec.  679.2 for definitions of regulatory area and statistical  
  area. See Figure 3b to part 679 for a description of regulatory       
  district.                                                             
\3\ Pollock is apportioned to three statistical areas in the combined   
  Western/Central Regulatory Area, and is further divided into three    
  allowances of 25 percent, 25 percent, and 50 percent. The first       
  allowances are in effect on an interim basis as of January 1, 1998. In
  the Eastern Regulatory Area, pollock is not divided into less than    
  annual allowances, and one-fourth of the TAC is available on an       
  interim basis.                                                        
\4\ The TAC apportionment for pollock in all regulatory areas and all   
  seasonal allowances is divided into inshore and offshore components.  
  The inshore component is apportioned 100 percent of the pollock TAC in
  each regulatory area after subtraction of amounts that are determined 
  by the Regional Administrator, NMFS, to be 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. (See Sec.     
  679.20(a)(6)(ii).)                                                    
\5\ The TAC apportionment of Pacific cod in all regulatory areas is     
  divided into inshore and offshore components. The inshore and offshore
  component allocations are 90 percent and 10 percent, respectively, of 
  the Pacific cod TAC in each regulatory area. (See Sec.                
  679.20(a)(6)(iii).)                                                   
\6\ ``Deep-water flatfish'' means Dover sole and Greenland turbot.      
\7\ ``Shallow-water flatfish'' means flatfish not including ``deep-water
  flatfish,'' flathead sole, rex sole, or arrowtooth flounder.          
\8\ 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 is allocated to hook- 
  and-line gear and 20 percent to trawl gear. In the Eastern Regulatory 
  Area, 95 percent of the TAC is assigned to hook-and-line gear. Five   
  percent is allocated to trawl gear and may only be used as bycatch to 
  support directed fisheries for other target species. (See Sec.        
  679.20(a)(4).)                                                        
\9\ The sablefish hook-and-line (H/L) gear fishery is managed under the 
  Individual Fishing Quota (IFQ) program and is subject to regulations  
  contained in subpart D of 50 CFR part 679. Annual IFQ amounts are     
  based on the final TAC amount specified for the sablefish H/L gear    
  fishery as contained in the final specifications for groundfish. Under
  Sec.  679.7(f)(3), retention of sablefish caught with H/L gear is     
  prohibited unless the harvest is authorized under a valid IFQ permit  
  and IFQ card. In 1998, IFQ permits and IFQ cards will not be valid    
  prior to the effective date of the 1998 final specifications. Thus,   
  fishing for sablefish with H/L gear will not be authorized under these
  interim specifications. Nonetheless, interim amounts are shown in     
  parentheses to reflect assignments of one-fourth of the proposed TAC  
  amounts among gear categories and regulatory areas in accordance with 
  Sec.  679.20(c)(2)(i). See Sec.  679.40 for guidance on the annual    
  allocation of IFQ.                                                    
\10\ Sablefish caught in the GOA with gear other than hook-and-line or  
  trawl gear must be treated as prohibited species and may not be       
  retained.                                                             
\11\ ``Pacific ocean perch'' means Sebastes alutus.                     
\12\ ``Shortraker/rougheye rockfish'' means Sebastes borealis           
  (shortraker) and S. aleutianus (rougheye).                            
\13\ ``Northern rockfish'' means Sebastes polyspinis.                   
\14\ ``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.                                        
\15\ ``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).     
\16\ ``Pelagic shelf rockfish'' includes Sebastes melanops (black), S.  
  mystinus (blue), S. ciliatus (dusky), S. entomelas (widow), and S.    
  flavidus (yellowtail). ``Offshore Pelagic shelf rockfish'' includes S.
  ciliatus (dusky), S. entomelas (widow), and S. flavidus. ``Nearshore  
  Pelagic shelf rockfish'' includes S. melanops (black) and S. mystinus 
  (blue).                                                               
\17\ ``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).                                                          
\18\ ``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.                

3. Interim 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. The Council proposed to reestablish the 1997 halibut 
mortality limits for 1998 because no new information was available. As 
in 1997, the Council proposes to exempt pot gear, jig gear, and the 
sablefish hook-and-line fishery from halibut PSC limits for 1998. The 
interim PSC limits are effective on January 1, 1998, and remain in 
effect until superseded by the final 1998 harvest specifications, which 
will be published in the Federal Register. The interim halibut PSC 
limits are as follows: (1) 500 mt to trawl gear, (2) 75 mt to hook-and-
line gear for fisheries other than demersal shelf rockfish, and (3) 2.5 
mt to hook-and-line gear for demersal shelf rockfish fishery in the 
Southeast Outside District.
    Section 679.21(d)(3)(iii) authorizes apportionments of the trawl 
halibut PSC limit allowance as bycatch allowances to a deep-water 
species complex, comprised of rex sole, sablefish, rockfish, deep-water 
flatfish, and arrowtooth flounder, and a shallow-water species complex, 
comprised of pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, and other species. The interim 1998 apportionment 
for the shallow-water species complex is 417 mt and for the deep-water 
species complex is 83 mt.
    Prior to the beginning of the 1998 fishing year, NMFS will 
implement fishery closures based on the interim amounts of groundfish 
specified in Table 1 and on determinations of the amount of each TAC 
needed to support anticipated groundfish fisheries prior to the time 
that the final specifications are effective for the 1998 GOA groundfish 
fishery.

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under E.O. 12866.
    The Assistant Administrator for Fisheries finds for good cause 
under 5

[[Page 65626]]

U.S.C. 553(b)(B) that the need to establish interim harvest 
specifications for the fisheries in the GOA, effective on January 1, 
1998, makes it impracticable and contrary to the public interest to 
provide prior notice and opportunity for public comment on this rule. 
Section 679.20(c)(2) requires NMFS to specify interim harvest 
specifications that are effective on January 1 and that will remain in 
effect until superseded by final specifications established by notice 
and comment rulemaking in order for the GOA groundfish fishing season 
to begin on January 1 (see Sec. 679.23). Without interim specifications 
in effect on January 1, the groundfish fisheries would not be able to 
open on January 1, which would result in unnecessary closures and 
disruption within the fishing industry. Because the stock assessment 
reports and other information concerning the fisheries in the GOA 
became available only recently, NMFS is not able to provide an 
opportunity for comment on the interim specifications. It is 
anticipated that the interim specifications will be in effect for only 
a short period of time before they are superseded by the final 
specifications. Proposed specifications are published as a proposed 
rule in this issue of the Federal Register and provide the opportunity 
for public comment.
    These interim specifications are exempt from the requirements of 
the Regulatory Flexibility Act to prepare a regulatory flexibility 
analysis because they are not required to be issued with prior notice 
and opportunity for public comment.

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

    Dated: December 9, 1997.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-32680 Filed 12-12-97; 8:45 am]
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