[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Proposed Rules]
[Pages 65638-65644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32681]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 971208298-7298-01; I.D. 112097B]
Groundfish Fishery of the Bering Sea and Aleutian Islands;
Fisheries of the Exclusive Economic Zone; Proposed 1998 Harvest
Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 1998 harvest specifications for groundfish and
associated management measures; request for comments.
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SUMMARY: NMFS proposes 1998 harvest specifications, prohibited species
bycatch allowances, and associated management measures for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits and
associated management measures for groundfish for the 1998 fishing
year. The intended effect of this action is to conserve and manage the
groundfish resources in the BSAI and to provide an opportunity for
public participation in the annual groundfish specification process.
DATES: Comments must be received by January 12, 1998.
ADDRESSES: Comments must be sent to the Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel.
The preliminary 1998 Stock Assessment and Fishery Evaluation (SAFE)
report, dated September 1997, is available from the North Pacific
Fishery Management Council, West 4th Avenue, Suite 306, Anchorage, AK
99510-2252 (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Alan Kinsolving 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Groundfish fisheries in the BSAI are governed by Federal
regulations at 50 CFR part 679 that implement the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Island
Area (FMP). The FMP was prepared by the North Pacific Fishery
Management Council (Council) and approved by NMFS under the Magnuson-
Stevens Fishery Conservation and Management Act.
The FMP and implementing regulations require NMFS, after
consultation with the Council, to specify annually the total annual
catch (TAC) for each target species and the ``other species'' category,
the sum of which must be within the optimum yield (OY) range of 1.4
million to 2.0 million metric tons (mt) (Sec. 679.20(a)(1)(i)).
Regulations under Sec. 679.20(c)(1) further require NMFS to publish
annually and solicit public comment on proposed annual TACs, prohibited
species catch (PSC) allowances, seasonal allowances of the pollock TAC,
and amounts for the pollock and sablefish Community Development Quota
(CDQ) reserve. The proposed specifications set forth in tables 1-6 of
this proposed rule satisfy these requirements. For 1998, the sum of
proposed TAC amounts is 2,000,000 mt. Under Sec. 679.20(c)(3), NMFS
will publish the final annual specifications for 1998 after considering
(1) comments received within the comment period (see DATES) and (2)
consultations with the Council at its December 1997 meeting.
Section 679.20(c)(2)(ii) require that interim specifications--one-
fourth of each proposed initial TAC (ITAC)
[[Page 65639]]
amount and apportionment thereof, one-fourth of each proposed PSC
allowance established under Sec. 679.21, and the first seasonal
allowances of pollock--be established effective 0001 hours Alaska local
time (A.l.t.), January 1, that will remain in effect until the
effective date of the 1998 final harvest specifications, which will be
published in the Federal Register. Regulations at Sec. 679.20(c)(2)(ii)
do not provide for an interim specification either for sablefish CDQ
reserve or for sablefish managed under the Individual Fishing Quota
management plan. Interim TAC specifications and apportionments thereof
for the 1998 fishing year are being published in the Rules and
Regulations section of this Federal Register volume.
Proposed Acceptable Biological Catch (ABC) and TAC Specifications
The proposed ABC and TAC for each species are based on the best
available biological and socioeconomic information. The Council, its
Advisory Panel (AP), and its Scientific and Statistical Committee (SSC)
reviewed current biological information about the condition of
groundfish stocks in the BSAI at its September 1997 meeting. This
information was compiled by the Council's BSAI Groundfish Plan Team and
is presented in the preliminary 1998 SAFE report for the BSAI
groundfish fisheries, dated September 1997. The Plan Team annually
produces such a document as the first step in the process of specifying
TACs. The SAFE report contains a review of the latest scientific
analyses and estimates of each species' biomass and other biological
parameters, as well as summaries of the available information on the
BSAI ecosystem and the economic condition of groundfish fisheries off
Alaska. From these data and analyses, the Plan Team estimates an ABC
for each species category. The preliminary 1998 SAFE report will be
updated to include information collected during the 1997 resource
assessment surveys. Revised stock assessments will be made available by
the Plan Team in November 1997 and be included in the final 1998 SAFE
report.
The proposed ABC amounts adopted by the Council for the 1998
fishing year are based on the best available scientific information,
including projected biomass trends, information on assumed distribution
of stock biomass, and revised technical methods used to calculate stock
biomass. The proposed ABCs also are based on new definitions of ABC and
overfishing that were adopted by the Council as Amendment 44 to the
FMP. A final rule implementing Amendment 44 was published in the
Federal Register January 17, 1997 (62 FR 2656). In general, the new
definitions involve sophisticated statistical analyses of fish
populations and are based on a successive series of six levels, or
tiers, of reliable information available to fishery scientists. In
1997, the application of the revised definitions resulted in lower
exploitation rates and ABCs for most species, although biomass
estimates generally are unchanged. Details of the Plan Team's
recommendations for preliminary 1998 overfishing and ABC amounts for
each species are provided in the preliminary 1998 SAFE report. This
report is available from the Council (see ADDRESSES). At its September
1997 meeting, the Council's SSC reviewed the Plan Team's preliminary
recommendations for 1998 ABC amounts. The SSC concurred in the Plan
Team's recommendations, except for pollock in the Bogoslof district.
For this stock, the Plan Team had recommended an ABC of 60,319 mt.
However, the SSC recommended that this ABC be adjusted downwards by the
ratio of current estimated biomass (280,000 mt) to target biomass
(2,000,000 mt), which resulted in an SSC-recommended ABC of 8,400 mt.
The Council adopted the proposed overfishing and ABC amounts
recommended by the SSC (Table 1).
Specification and Apportionment of TAC Amounts
The Council adopted the AP's proposals for the 1998 BSAI TAC
amounts. For each species, this amount equals the lesser of either the
1997 TAC or the SSC's recommended 1998 ABC. NMFS finds that the
recommended proposed TAC amounts are consistent with the biological
condition of groundfish stocks as adjusted for other biological and
socioeconomic considerations, including maintaining the total TAC
within the required OY range of 1.4 million to 2.0 million mt.
Except for the hook-and-line and pot gear allocation of sablefish,
each species' TAC initially is reduced by 15 percent to establish the
ITAC for each species (Sec. 679.20(b)(1)(i)). The sum of the 15-percent
amounts is the reserve. One half of the pollock TACs placed in reserve
is designated as a CDQ reserve for use by CDQ participants
(Sec. 679.31(a)(1)). The remainder of the reserve is not designated by
species or species group, and any amount of the reserve may be
reapportioned to a target species or the ``other species'' category
during the year, providing that such reapportionments do not result in
overfishing.
NMFS anticipates that the final 1998 groundfish specifications will
include a 7.5 percent CDQ reserve for each groundfish species TAC and
PSC limit as are authorized under Amendment 39 to the FMP. A proposed
rule to implement Amendment 39 was published in the Federal Register on
August 15, 1997 (62 FR 43866). Amendment 39 was approved by NMFS on
September 12, 1997.
On November 13, 1997, NMFS approved Amendment 34 to the FMP. This
amendment requires that up to 2 percent of the TAC for Atka Mackerel in
the Eastern Aleutian Islands District and the Bering Sea subarea be
allocated to the jig gear fleet. The amount of this allocation will be
determined annually by the Council based on the anticipated harvest
capacity of the jig gear fleet. At its June 1997 meeting, the Council
noted its intent to allocate 1 percent of Atka Mackerel TAC in the
Eastern Aleutian Islands District/Bering Sea subarea to the jig gear
fleet for the 1998 fishing year. A proposed rule to implement Amendment
34 was published in the Federal Register on September 22, 1997 (62 FR
49464). NMFS anticipates that a final rule will be effective prior to
the 1998 trawl season (January 20). NMFS further anticipates that the
final 1998 specifications will allocate 1 percent of the Eastern
Aleutian Islands District/Bering Sea subarea Atka mackerel TAC to jig
gear. Based on a proposed TAC of 15,000 mt, the jig gear allocation
would be 150 mt.
Table 1 lists the proposed 1998 ABC, TAC, and ITAC amounts,
overfishing levels, and initial apportionments of groundfish in the
BSAI. The apportionment of TAC amounts among fisheries and seasons is
discussed below. These proposed specifications are subject to change as
a result of public comment, analysis of the current biological
condition of the groundfish stocks, and new information regarding the
fishery, and consultation with the Council at its December meeting.
[[Page 65640]]
Table 1.--Proposed 1998 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and
Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area \1\
----------------------------------------------------------------------------------------------------------------
Overfishing
Species Area ABC TAC ITAC \2\ level
--------------------------------------------------------------------------------------------\3\-----------------
Pollock............................. Bering Sea (BS)....... 1,130,000 1,130,000 960,500 1,980,000
Aleutian Islands (AI). 28,000 28,000 23,800 38,000
Bogoslof District..... 8,400 1,000 850 22,800
Pacific cod......................... BSAI.................. 306,000 270,000 229,500 418,000
Sablefish \4\....................... BS.................... 1,308 1,100 468 2,750
AI.................... 1,367 1,200 255 2,860
Atka mackerel....................... Total................. 66,700 66,700 56,695 81,600
Western AI............ 32,200 32,200 27,370 ...........
Central AI............ 19,500 19,500 16,575 ...........
Eastern AI/BS......... 15,000 15,000 12,750 ...........
Yellowfin sole...................... BSAI.................. 233,000 230,000 195,500 339,000
Rock sole........................... BSAI.................. 296,000 97,185 82,607 427,000
Greenland turbot.................... Total................. 12,350 9,000 7,650 25,100
BS.................... ........... 6,030 5,126 ...........
AI.................... ........... 2,970 2,525 ...........
Arrowtooth flounder................. BSAI.................. 108,000 20,760 17,646 167,000
Flathead sole....................... BSAI.................. 101,000 43,500 36,975 145,000
Other flatfish \5\.................. BSAI.................. 97,500 50,750 43,138 150,000
Pacific ocean perch................. BS.................... 2,800 2,800 2,380 5,400
AI Total.............. 12,800 12,800 10,880 25,300
Western AI............ 6,390 6,390 5,432 ...........
Central AI............ 3,170 3,170 2,695 ...........
Eastern AI............ 3,240 3,240 2,754 ...........
Other red rockfish \6\.............. BS.................... 1,050 1,050 893 1,400
Sharpchin/Northern.................. AI.................... 4,360 4,360 3,706 5,810
Shortraker/rougheye................. AI.................... 938 938 797 1,250
Other rockfish \7\.................. BS.................... 373 373 317 497
AI.................... 714 714 607 952
Squid............................... BSAI.................. 1,970 1,970 1,675 2,620
Other species \8\................... BSAI.................. 25,800 25,800 21,930 138,000
Total......................... ...................... 2,440,430 2,000,000 1,698,768 3,980,339
----------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) area
unless otherwise specified. With the exception of pollock, and for the purpose of these specifications, the BS
includes the Bogoslof District.
\2\ Except for the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC
is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these
reserves. One half of the amount of the pollock TACs placed in reserve, or 7.5 percent of the TACs, is
designated as a CDQ reserve for use by CDQ participants (see Sec. 679.31(a)(1)).
\3\ Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ
participants (see Sec. 679.31(c)). Regulations at Sec. 679.20(b)(1) do not provide for the establishment of
an ITAC for the hook-and-line and pot gear allocation for sablefish. The ITAC for sablefish reflected in table
1 is for trawl gear only.
\4\ Regulations at Sec. 679.20(a)(4) require sablefish TACs for BSAI subareas be divided between trawl and hook-
and-line/pot gear in the following proportions: BS subarea-- trawl gear 50 percent, hook-and-line/pot gear 50
percent; AI subarea--trawl gear 25 percent, hook-and-line/pot gear 75 percent.
\5\ ``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species), flathead
sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.
\6\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.
\7\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,
northern, shortraker, and rougheye.
\8\ ``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus.
Seasonal Allowances of Pollock TACs
Under Sec. 679.20(a)(5)(i)(A), the pollock ITAC for each subarea or
district of the BSAI is divided into two seasonal allowances. The first
allowance is made available for directed fishing from January 1 to
April 15 (roe season), and the second allowance is made available from
September 1 until November 1 (non-roe season). The Council proposed
that the seasonal allowances for the Bering Sea pollock roe and non-roe
seasons be specified at 45 percent and 55 percent of the ITAC amounts,
respectively (Table 2). As in past years, the pollock TAC amounts
specified for the Aleutian Islands subarea and the Bogoslof District
would not be seasonally apportioned and the entire ITAC would be made
available January 1.
When specifying seasonal allowances of the pollock TAC, the Council
and NMFS considered the factors specified in section 14.4.10 of the
FMP. A discussion of these factors relative to the roe and non-roe
seasonal allowances was presented in the proposed 1995 specifications
for BSAI groundfish (59 FR 64383, December 14, 1994). At this time, the
Council's findings are unchanged from those set forth for 1995, given
that the relative seasonal allowances are the same.
Apportionment of the Pollock TAC to the Inshore and Offshore
Components
Section 679.20(a)(6)(i) requires that the proposed pollock ITAC
amounts specified for the BSAI be allocated 35 percent to vessels
catching pollock for processing by the inshore component and 65 percent
to vessels catching pollock for processing by the offshore component.
Definitions of these components are found at Sec. 679.2. The proposed
1998 ITAC specifications are consistent with these requirements (Table
2).
[[Page 65641]]
Table 2.--Proposed Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts
\1\
----------------------------------------------------------------------------------------------------------------
Roe season Non-roe
Subarea and Component TAC ITAC \2\ season \3\
----------------------------------------------------------------------------------------------------------------
Bering Sea.................................................. 1,130,000 960,500 432,225 528,275
Inshore................................................. ........... 336,175 151,279 184,896
Offshore................................................ ........... 624,325 280,946 343,379
Aleutian Islands............................................ 28,000 23,800 23,800 \4\
Inshore................................................. ........... 8,330 8,330 \4\
Offshore................................................ ........... 15,470 15,470 \4\
Bogoslof District........................................... 1,000 850 850 \4\
Inshore................................................. ........... 298 298 \4\
Offshore................................................ ........... 553 553 \4\
----------------------------------------------------------------------------------------------------------------
\1\ Based on an offshore component allocation of 0.65 (ITAC) and on an inshore component allocation of 0.35
(ITAC).
\2\ January 1 through April 15--based on a 45/55 split (roe=45 percent).
\3\ September 1 until November 1--based on a 45/55 split (non-roe equals 55 percent).
\4\ Remainder.
Apportionment of the Pollock TAC to the Western Alaska Community
Development Quota
Section 679.31(a)(1) requires that one-half of the pollock TAC
placed in the reserve for each subarea or district, or 7.5 percent of
each TAC, be assigned to a CDQ reserve for each subarea or district.
The proposed 1998 CDQ reserve amounts for each subarea are as follows:
------------------------------------------------------------------------
Pollock
BSAI subarea CDQ (MT)
------------------------------------------------------------------------
Bering Sea.................................................... 84,750
Aleutian Islands.............................................. 2,100
Bogoslof...................................................... 75
Total......................................................... 86,925
------------------------------------------------------------------------
Under regulations governing the CDQ program at Sec. 679.30, NMFS
may allocate the 1998 pollock CDQ reserves to eligible Western Alaska
communities or groups of communities that have an approved community
development plan (CDP). NMFS has approved six CDPs and associated
percentages of the CDQ reserve for each CDP recipient for 1996-98 (60
FR 66516, December 22, 1995). As with the pollock ITAC, the Council
recommended that the CDQ pollock reserve be seasonally apportioned so
that no more than 45 percent of a CDP's 1998 Bering Sea pollock
allocation may be harvested during the pollock roe season, January 1
through April 15. Up to 100 percent of a CDP's 1998 Aleutian Islands or
Bogoslof District pollock allocation could be harvested during this
time period.
Allocation of the Pacific Cod TAC
Under Sec. 679.20(a)(7), 2 percent of the Pacific cod ITAC is
allocated to vessels using jig gear, 51 percent to vessels using hook-
and-line or pot gear, and 47 percent to vessels using trawl gear. The
portion of the Pacific cod TAC allocated to trawl gear is further
allocated 50 percent to catcher vessels and 50 percent to catcher
processor vessels (Sec. 679.20(a)(7)(i)(B)). The Council proposes to
continue the 1997 seasonal allowances of the portion of the Pacific cod
TAC allocated to the hook-and-line and pot gear fisheries. The seasonal
allowances are authorized under Sec. 679.20(a)(7)(iv) and are intended
to provide for the harvest of Pacific cod when flesh quality and market
conditions are optimum and Pacific halibut bycatch rates are low. The
Council's recommendations for seasonal apportionments are based on (1)
seasonal distribution of Pacific cod relative to prohibited species
distributions, (2) variations in prohibited species bycatch rates in
the Pacific cod fisheries throughout the year, and (3) economic effects
of seasonal allowances of Pacific cod on the hook-and-line and pot gear
fisheries. Table 3 lists the proposed 1998 allocations and seasonal
apportionments of the Pacific cod ITAC. Consistent with
Sec. 679.20(a)(iv)(C), the Council has proposed that any portion of the
first seasonal allowance that is not harvested by the end of the first
season would become available on September 1, the beginning of the
third season.
Table 3.--1998 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod Initial ITAC
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Seasonal apportionment \1\
Gear Percent TAC Share ITAC -------------------------------------------------
(mt) Date Percent Amount
----------------------------------------------------------------------------------------------------------------
Jig................................. 2 4,590 Jan 1-Dec 31.......... 100 4,590
Hook-&-line/pot gear................ 51 117,045 Jan 1-Apr 30.......... 73 85,443
........... ........... May 1-Aug 31.......... 23 26,920
........... ........... ...................... 4 4,682
Trawl gear.......................... 47 107,865 Jan 1-Dec 31.......... 100 107,865
Catcher vessel (50%)............ ........... 53,933
Catcher/processor (50%)......... ........... 53,933 ....................
--------------------------
Total......................... 100 229,500
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\1\ Any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line
or pot gear fishery would be reapportioned to the third seasonal allowance.
[[Page 65642]]
Sablefish Gear Allocation and CDQ Allocations for Sablefish
Section 679.20(a)(4) requires that the sablefish TACs for the BSAI
subareas be divided between trawl and hook-and-line/pot gear types.
Gear allocations of TACs are established in the following proportions:
Bering Sea subarea--trawl gear 50 percent, hook-and-line/pot gear 50
percent; and Aleutian Islands subarea--trawl gear 25 percent, hook-and-
line/pot gear 75 percent. In addition, regulations under Sec. 679.31(c)
require NMFS to withhold 20 percent of the hook-and-line and pot gear
sablefish allocation as sablefish CDQ reserve. Gear allocations of the
proposed sablefish TAC and CDQ reserve amounts are specified in Table 4
as follows:
Table 4.--1998 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
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Percent of Share of Initial TAC
Subarea and gear TAC TAC (mt) (mt) \1\ CDQ reserve
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Bering Sea:
Trawl................................................... 50 550 468 N/A
Hook-and-line/pot gear \2\.............................. 50 550 N/A 110
---------------------------------------------------
Total................................................. ........... 1,100 468 110
---------------------------------------------------
Aleutian Islands:
Trawl................................................... 25 300 255 N/A
Hook-and-line/pot gear \2\.............................. 75 900 N/A 180
---------------------------------------------------
Total................................................. ........... 1,200 255 180
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\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.
The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
allocated TAC is reserved for use by CDQ participants. Section 679.20(b)(1) does not provide for the
establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
Under regulations governing the sablefish CDQ program at subpart C
of part 679, NMFS may allocate the 1998 sablefish CDQ reserve to
eligible Western Alaska communities or groups of communities that have
an approved CDP. However, CDPs have not been approved for 1998. The
State of Alaska consulted with the Council at its September meeting and
recommended CDPs and the associated allocations of sablefish CDQ
reserve. If NMFS approves the recommended CDPs, a notice of the
decision will be published in the Federal Register, prior to the
publication of the final specifications.
Allocation of Prohibited Species Catch (PSC) Limits for Crab, Halibut,
and Herring
PSC limits for halibut are set forth at Sec. 679.21 (e)(1)(iii).
For the BSAI trawl fisheries, the limit is 3,775 mt mortality of
Pacific halibut (Sec. 679.21(e)(1)(iii)) and for non-trawl fisheries,
the limit is 900 mt mortality (Sec. 679.21(e)(2)). PSC limits for crab
and herring are annually specified based on abundance and spawning
biomass.
For 1998, the PSC limit of red king crab in Zone 1 for trawl
vessels is 100,000 crab based on the criteria set out at
Sec. 679.21(e)(1)(i). The number of mature female red king crab is
estimated to be above the threshold of 8.4 million animals, and the
effective spawning biomass is estimated to be greater than 14.5 million
lbs (6,577 mt) but less than 55 million lbs (24,948 mt)
(Sec. 679.21(e)(1)(i)(B)).
The 1998 C. bairdi PSC limit is 750,000 animals in Zone 1 and 2.1
million animals in Zone 2. These numbers are based on the criteria set
out at Sec. 679.21(e)(1)(ii). In Zone 1, C. bairdi abundance is
estimated at over 150 million to 270 million animals
(Sec. 679.21(e)(1)(ii)(A)(2)). In Zone 2, C. bairdi abundance is
estimated at over 175 million to 290 million animals
(Sec. 679.21(e)(1)(ii)(B)(2)).
NMFS approved Amendment 40 to the FMP on October 15, 1997. This
amendment establishes a PSC limit for C. opilio crab based on annual
abundance of crab as indicated by trawl surveys. NMFS anticipates that
regulations implementing Amendment 40 will be published and effective
by mid-December 1997. Based on the proposed rule (62 FR 43307, August
13, 1997), the 1998 C. opilio PSC limit would be established at 0.1133
percent of the 1997 Bering Sea C. opilio crab abundance, or 4,654,000
crab.
The PSC limit of Pacific herring caught while conducting any trawl
operation for groundfish in the BSAI is 1 percent of the annual eastern
Bering Sea herring biomass(Sec. 679.21(e)(1)(iv)). NMFS's best estimate
of 1998 herring biomass is 157,900 mt. This amount was derived using
1996 survey data and an age-structured biomass projection model
developed by the Alaska Department of Fish and Game (ADF&G). Therefore,
the proposed herring PSC limit for 1998 is 1,579 mt. This value is
subject to change, pending an updated forecast analysis of 1997 herring
survey data that will be presented to the Council by the ADF&G during
the Council's December 1997 meeting.
Section 679.21(e)(3) authorizes the apportionment of each trawl PSC
limit into PSC allowances for seven specified trawl-fishery categories.
Section 679.21(e)(4)(ii) further authorizes the apportionment of the
non-trawl halibut PSC limit among five non-trawl fishery categories.
The fishery bycatch allowances for the trawl and non-trawl fisheries
are listed in Table 5.
The fishery bycatch allowances listed in table 5 reflect the
recommendations made to the Council by its AP. These recommendations
are unchanged from those specified for 1997. The justification for
these allowances is discussed in the publication of the final 1997
specifications (62 FR 7168, February 18, 1997). Because NMFS action on
Amendment 40 and its implementing rule had not been finalized at the
time of the September 1997 Council meeting, the Council did not propose
to apportion the proposed C. opilio PSC limit among trawl fishery
categories. The Council is expected to do so at its December 1997
meeting.
Section 679.21(e)(4)(ii) authorizes the exemption of specified non-
trawl fisheries from the halibut PSC limit. As in past years, the
Council proposes to exempt the 1998 pot gear, jig gear, and sablefish
hook-and-line gear fishery categories from halibut bycatch
restrictions.
The Council proposed that the pot and jig gear fisheries be exempt
from halibut-bycatch restrictions because these fisheries use selective
gear types
[[Page 65643]]
that experience low halibut bycatch mortality. Between January 1997 and
September 1997, the groundfish pot gear fishery was responsible for an
estimated halibut bycatch mortality of about 12 mt. The jig gear fleet
comprises of vessels less than 60 ft (18.3 m) length overall that are
exempt from observer coverage requirements. As a result, no observer
data are available on halibut bycatch in the BSAI jig gear fishery.
Nonetheless, the selective nature of this gear type and the relatively
small amount of groundfish harvested with jig gear likely results in a
negligible amount of halibut bycatch mortality.
As in past years, the Council recommended that the sablefish
Individual Fishing Quota (IFQ) fishery be exempt from halibut bycatch
restrictions because of the sablefish and halibut IFQ program (subpart
D of part 679). The IFQ program requires legal-sized halibut to be
retained by vessels using hook-and-line gear if a halibut IFQ permit
holder is aboard. In 1995, about 36 mt of halibut discard mortality was
estimated for the sablefish IFQ fishery. A similar estimate for the
1996 or 1997 fishery has not been calculated.
Section 679.21(e)(5) authorizes NMFS, after consultation with the
Council, to establish seasonal apportionments of prohibited species
bycatch allowances. At its September 1997 meeting, the Council adopted
the AP's recommendation to propose seasonal apportionments of the trawl
bycatch allowances only for halibut bycatch specified for the rockfish
trawl fishery. The intent of this proposal was to reduce halibut
bycatch during the first quarter when it is the highest. NMFS
anticipates the Council will consider additional seasonal
apportionments during its December 1997 meeting.
Table 5.--Proposed 1998 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Prohibited species and zone C. bairdi (animals)
----------------------------------------------------------------
Red King
Trawl fishers Halibut Herring Crab
mortality (mt) BSAI (animals) Zone 1 \1\ Zone 2 \1\
(mt) BSAI Zone 1 \1\
----------------------------------------------------------------------------------------------------------------
Yellowfin sole................................. 930 267 10,000 276,316 1,071,000
Rock sole/oth.flat/flat sole \1\............... 795 ........... 75,000 296,052 357,000
Turbot/sablefish/arrowtooth \2\................ 0 ........... ........... ........... 0
Rockfish....................................... 100 7 ........... ........... 7,000
Jan. 1-Mar. 31............................. 0
Apr. 1-Dec. 31............................. 100
Pacific cod.................................... 1,600 20 7,500 133,224 195,000
Midwater pollock............................... ........... 1,142
Pollock/Atka/other \3\......................... 350 143 7,500 44,408 470,000
----------------------------------------------------------------
TOTAL TRAWL.............................. 3,775 1,579 100,000 750,000 2,100,000
Non-trawl fisheries:
Pacific cod................................ 840
Other non-trawl............................ 60
Groundfish pot & jig....................... (\4\)
Sablefish hook & line...................... (\4\)
--------------
Total non-Trawl.......................... 900
----------------------------------------------------------------------------------------------------------------
\1\ Rock sole, flathead sole, and other flatfish fishery category.
\2\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\3\ Pollock other than midwater pollock, Atka mackerel, and ``other species'' fishery category.
\4\ Exempt.
To monitor halibut bycatch mortality allowances and apportionments,
the Administrator, Alaska Region, NMFS (Regional Administrator), will
use observed halibut bycatch rates, assumed mortality rates, and
estimates of groundfish catch to project when a fishery's halibut
bycatch mortality allowance or seasonal apportionment is reached. The
Regional Administrator monitors the fishery's halibut bycatch mortality
allowances using assumed mortality rates that are based on the best
information available, including information contained in the annual
SAFE report.
The Council proposed that the assumed halibut mortality rates
developed by staff of the International Pacific Halibut Commission
(IPHC) for the 1997 BSAI groundfish fisheries be rolled over for
purposes of monitoring halibut bycatch allowances established for 1998.
The justification for these mortality rates is discussed in the
February 18, 1997, publication of the 1997 final specifications (62 FR
7168). NMFS notes that the assumed halibut mortality rate for the hook-
and-line gear fishery for Pacific cod was adjusted in mid-1997 from
11.5 percent to 12 percent as a result of updated analyses provided by
the IPHC. NMFS proposes to use the 12-percent rate in 1998. The
proposed mortality rates listed in Table 6 are subject to change
pending the results of an updated analysis on halibut mortality rates
in the groundfish fisheries that IPHC staff is scheduled to present to
the Council at the Council's December 1997 meeting.
Table 6.--Proposed Assumed Pacific Halibut Mortality Rates for the BSAI
Fisheries During 1998
------------------------------------------------------------------------
Assumed
Fishery mortality
(percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
Rockfish................................................... 15
Pacific cod................................................ 12
Greenland turbot........................................... 11
Sablefish.................................................. 29
Trawl gear fisheries:
Midwater pollock........................................... 79
Non-pelagic pollock........................................ 76
Yellowfin sole............................................. 79
Rock sole.................................................. 73
Flathead sole.............................................. 65
Other flatfish............................................. 65
[[Page 65644]]
Rockfish................................................... 72
Pacific cod................................................ 68
Atka mackerel.............................................. 73
Arrowtooth flounder........................................ 66
Greenland turbot........................................... 66
Sablefish.................................................. 23
Other species.............................................. 68
Pot gear fisheries Pacific cod............................... 10
------------------------------------------------------------------------
Classification
This action is authorized under 50 CFR 679 and is exempt from
review under E.O. 12866.
A draft environmental assessment (EA) on the allowable harvest
levels set forth in the final 1998 SAFE Report will be available for
public review at the December 1997 Council meeting. After the December
meeting, a final EA will be prepared on the final TAC amounts
recommended by the Council.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce made the following certification to the Chief
Counsel for Advocacy of the Small Business Administration (SBA) that
these proposed specifications, if adopted, would not have a significant
impact on a substantial number of small entities as follows:
The Small Business Administration has defined all fish-
harvesting or hatchery businesses that are independently owned and
operated, not dominant in their field of operation, with annual
receipts not in excess of $3,000,000 as small businesses.
Additionally, seafood processors with 500 employees or fewer,
wholesale industry members with 100 employees or fewer, not-for-
profit enterprises, and government jurisdictions with a populations
of 50,000 or less are considered small entities. NMFS has determined
that a ``substantial number'' of small entities would generally be
20 percent of the total universe of small entities affected by the
regulation. A regulation would have a ``significant economic
impact'' on these small entities if it reduced annual gross revenues
by more than 5 percent, increased total costs of production by more
than 5 percent, or resulted in compliance costs for small entities
that are at least 10 percent higher than compliance costs as a
percent of sales for large entities. NMFS typically assumes that all
catcher vessels participating in the Alaska groundfish fisheries are
``small entities'' for purposes of the Regulatory Flexibility Act
(RFA).
Based on the number of vessels that caught groundfish in 1996,
the number of fixed gear and trawl catcher vessels expected to be
operating as small entities in the 1998 Bering Sea and Aleutian
Islands groundfish fishery is 410. All participants in the BSAI
groundfish fisheries, including small entities, could be affected by
the harvest limits established in the 1998 specifications. Thus, a
substantial number of small entities would likely be affected by
these proposed specifications.
No changes in the 1998 TACs are proposed relative to the 1997
TACs. Further, no significant changes in the socioeconomic condition
of the BSAI groundfish fishery have occurred or are anticipated that
could affect the economic impact on small entities of the 1998
specifications. Any changes in final TAC amounts for specific
species that may be recommended by the Council at its December 1997
meeting likely would not have a significant economic impact given
that the Alaska groundfish fishing fleet is accustomed to shifting
effort among alternative species and management areas in response to
changes in TAC between years and inseason closures.
Based on 1996 data presented in the preliminary 1998 SAFE report
dated September 1997 (See ADDRESSES), the total exvessel value of
the BSAI groundfish fishery is estimated at $413.1 million. These
revenues are shared among small and large sector entities. Based on
the proposed specifications, the value of the BSAI fishery is
expected to remain at approximately this level with no significant
allocation shifts between sectors. Thus, based on the SAFE report
and the existence of no significant intervening changes, it is
unlikely that the proposed specifications would have a significant
economic impact on small entities. For the reasons presented above,
these revenues are not expected to change significantly within
either sector. This assessment will be reviewed again subsequent to
the Council's final recommendations for 1998 TAC amounts. These
final recommendations will be based on new information on the status
of BSAI groundfish stocks that currently is not available. If the
Council recommends significant changes to the proposed
specifications, the potential economic impacts on small entities
will be reevaluated.
Therefore, an initial regulatory flexibility analysis was not
prepared.
Authority: 16 U.S.C. 773 et seq., 1801 et seq. and 3631 et seq.
Dated: December 9, 1997.
Gary C. Matlock,
Acting Assistant Administrator For Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-32681 Filed 12-12-97; 8:45 am]
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