[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 3510-22-P