[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Rules and Regulations]
[Pages 65626-65629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32683]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208296-7296-01; I.D. 111997A]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Area; Interim 1998 Harvest Specifications

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

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

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SUMMARY: NMFS issues interim 1998 total allowable catch (TAC) amounts 
for each category of groundfish, pollock Community Development Quota 
(CDQ) amounts, and prohibited species bycatch allowances for the 
groundfish fishery of the Bering Sea and Aleutian Islands management 
area (BSAI). The intended effect is to conserve and manage the 
groundfish resources in the BSAI.

DATES: 0001 hours, Alaska local time (A.l.t.), January 1, 1998, until 
the effective date of the final 1998 harvest specifications for BSAI 
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 907-271-2809.

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 Islands 
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 is implemented 
by regulations at 50 CFR part 679. General regulations that also 
pertain to the U.S. fisheries appear at subpart H of 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 BSAI groundfish 
fisheries. The preliminary SAFE Report, dated September 1997, provides 
an update on the status of stocks. Copies of the SAFE Report are 
available from the Council (see ADDRESSEES). The preliminary TAC 
amounts for each species are based on the best available biological and 
socioeconomic information. The Council recommended a preliminary total 
TAC of 2,000,000 metric tons (mt) and a preliminary total acceptable 
biological catch (ABC) of 2,440,430 mt for the 1998 fishing year.
    Under Sec. 679.20(c)(1), 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 BSAI for the 1998 fishing year. That 
document contains a detailed discussion of the proposed 1998 annual 
TACs, initial TACs (ITACs) and related apportionments, ABC amounts and 
overfishing levels, prohibited species bycatch allowances, and 
associated management measures for the BSAI groundfish fishery.
    This action establishes interim harvest specifications and 
apportionments thereof for the 1998 fishing year effective January 1, 
1998, that will remain in effect until superseded by the final 1998 
harvest specifications. Background information concerning the 1998 
groundfish harvest specification process upon which this interim action 
is based is provided in the above mentioned proposed initial 
specification document appearing in the above mentioned 1998 proposed 
harvest specifications document appearing in this Federal Register 
issue.

Establishment of Interim TACs

    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 the 
reserve are 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 of a target species or the ``other species'' category. The 
ITAC amount for each species, except for the hook-and-line and pot gear 
allocation for sablefish, is the remainder of the TAC amount after 
subtraction of the reserve.
    Section 679.20(c)(2)(ii) requires that one-fourth of each proposed 
ITAC amount and apportionment thereof (not including the first seasonal 
allowance of pollock), one-fourth of each prohibited species catch 
(PSC) allowance established under Sec. 679.21, and the first seasonal 
allowance of pollock TAC be established effective 0001 hours, A.l.t., 
January 1, that will remain in effect until superseded by the final 
harvest specifications.

[[Page 65627]]

Interim 1998 BSAI Groundfish Harvest Specifications

    Table 1 sets forth interim TAC amounts and apportionments thereof, 
interim TAC allocations of pollock to the inshore and offshore 
components, first seasonal allowances of pollock TAC and pollock CDQ, 
an interim sablefish apportionment to trawl gear, and Pacific cod TAC 
apportionments to gear types.
    Section 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. As a result, 
fishing for CDQ sablefish and sablefish harvested with fixed gear is 
prohibited until the effective date of the final 1998 groundfish 
specifications.

 Table 1. Interim 1998 TAC Amounts\1\ for Groundfish and Apportionments 
   Thereof for the Bering Sea and Aleutian Islands Management Area \2\  
------------------------------------------------------------------------
   Species and component (if          Area and Gear (if      Interim TAC
          applicable)                    applicable)           and CDQ  
------------------------------------------------------------------------
Pollock: 3 4 5                                                          
    Inshore....................  BS........................      151,279
    Offshore...................  BS........................      280,946
    Inshore....................  AI........................        8,330
    Offshore...................  AI........................       15,470
    Inshore....................  BogDist...................          298
    Offshore...................  BogDist...................          553
    CDQ........................  BS........................       38,137
    CDQ........................  AI........................        2,100
    CDQ........................  BogDist...................           75
                                                            ------------
      Total Pollock............   .........................      497,187
                                                            ============
Pacific Cod \6\................  Jig.......................        1,148
                                 H/L & Pot.................       29,261
                                 TRW catcher...............       13,483
                                 TRW C/Ps..................       13,483
                                                            ------------
      Total P cod..............    ........................       57,375
                                                            ============
Sablefish 7 8..................  BS-TRW....................          117
                                 BS-H/L & Pot..............          N/A
                                 AI-TRW....................           63
                                 AI-H/L & Pot..............          N/A
                                                            ------------
      Total Sablefish..........    ........................          180
                                                            ============
Atka mackerel..................  Western AI................        6,842
                                 Central AI................        4,143
                                 Eastern AI/BS.............        3,187
                                                            ------------
      Total Atka mackerel......    ........................       14,172
                                                            ============
Yellowfin sole.................  BSAI......................       48,875
Rock sole......................  BSAI......................       20,651
Greenland turbot...............  BS........................        1,281
                                 AI........................          631
                                                            ------------
      Total Greenland turbot...    ........................        1,912
                                                            ============
Arrowtooth flounder............  BSAI......................        4,411
Flathead sole..................  BSAI......................        9,243
Other flatfish \9\.............  BSAI......................       10,784
Pacific ocean perch............  BS........................          595
                                 Western AI................        1,357
                                 Central AI................          673
                                 Eastern AI................          688
                                                            ------------
      Total Pacific ocean perch    ........................        3,313
                                                            ============
Other Rockfish \11\............  BS........................           79
                                 AI........................          151
                                                            ------------
      Total Other Rockfish.....    ........................          230
                                                            ============
Other red rockfish \10\........  BS........................          223
Sharpchin/Northern.............  AI........................          926
Shortraker/Rougheye............  AI........................          199
Squid..........................  BSAI......................          418
Other Species \12\.............  BSAI......................        5,482
                                                            ------------

[[Page 65628]]

                                                                        
      Total interim TAC........    ........................     675,581 
------------------------------------------------------------------------
\1\ Interim TAC amounts are in metric tons and have been rounded        
  downwards to the nearest whole ton.                                   
\2\ Amounts apply to the entire Bering Sea and Aleutian Islands         
  management area (BSAI), Bering Sea (BS), or Aleutian Islands (AI), as 
  indicated. With the exception of pollock, and for purposes of these   
  specifications, the BS includes the Bogoslof District (BogDist).      
\3\ After subtraction of reserves, the ITAC amounts of pollock for each 
  subarea or district are divided into roe and non-roe seasonal         
  allowances. (See Sec.  679.20(a)(5)(i).) For the BS subarea, the roe  
  and non-roe seasonal allowances are 45 and 55 percent of the pollock  
  ITAC amounts, respectively. The AI subarea and the Bogoslof District  
  receive 100 percent of their respective ITAC seasonal allowances      
  during the roe-season with the remainder of the respective ITAC       
  seasonal allowance during the non-roe season.                         
\4\ Inshore and offshore component allocations are 35 and 65 percent of 
  the ITAC amounts, respectively. (See Sec.  679.20(a)(6)(i).) The first
  seasonal allowance of the inshore/offshore component allocations are  
  in effect on January 1 as an interim TAC.                             
\5\ One-half of the pollock TAC (7.5 percent of each TAC) placed in the 
  reserve for each subarea or district will be assigned to the Community
  Development Quota (CDQ) program. (See Sec.  679.31(a)(1).) For the BS 
  subarea, the roe seasonal allowance is 45 percent of the CDQ pollock  
  reserve. The AI subarea and the Bogoslof District receive 100 percent 
  of their respective CDQ reserve allocations during the roe season with
  the remainder of the respective reserve becoming available after the  
  end of the roe season. The first seasonal allowance of the CDQ reserve
  is available on January 1 as an interim TAC.                          
\6\ After subtraction of the reserves, the ITAC amount for Pacific cod, 
  is allocated 2 percent to vessels using jig gear, 51 percent to H/L   
  gear, and 47 percent to TRW. The Pacific cod allocation to trawl gear 
  is split evenly between catcher vessels and catcher/processor vessels 
  (See Sec.  679.20(a)(7)(i)). Pacific cod ITAC seasonal apportionments 
  to vessels using H/L or pot gear are not reflected in the interim TAC 
  amounts. One-fourth of the ITAC gear apportionments are in effect on  
  January 1 as an interim TAC.                                          
\7\ Sablefish gear allocations are as follows: In the BS subarea, TRW   
  gear is allocated 50 percent and H/L and pot gear is allocated 50     
  percent of the TAC. In the AI subarea, TRW gear is allocated 25       
  percent and H/L and pot gear is allocated 75 percent of the TAC (See  
  Sec.  679.20(a)(4) (iii) and (iv)). Fifteen percent of the sablefish  
  TRW gear allocation is placed in the nonspecific reserve. One-fourth  
  of the ITAC amount for TRW gear is in effect January 1 as an interim  
  TAC amount.                                                           
\8\ The sablefish H/L gear fishery is managed under the Individual      
  Fishing Quota (IFQ) program and 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. Twenty percent  
  of the sablefish H/L and pot gear final TAC amount will be reserved   
  for use by CDQ participants. (See Sec.  679.31(c).) Existing          
  regulations at Sec.  679.20(c)(2)(ii) do not provide for an interim   
  specification for the CDQ sablefish reserve or an interim             
  specification for sablefish managed under the IFQ program. In         
  addition, in accordance with Sec.  679.7(f)(3), retention of sablefish
  caught with fixed 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 fixed gear is not    
  authorized under these interim specifications. See subpart D of 50 CFR
  part 679 and Sec.  679.23(g) for guidance on the annual allocation of 
  IFQ and the sablefish fishing season.                                 
\9\ ``Other flatfish'' includes all flatfish species except for Pacific 
  halibut (a prohibited species), flathead sole, Greenland turbot, rock 
  sole, arrowtooth flounder and yellowfin sole.                         
\10\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin,   
  and northern.                                                         
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species  
  except for Pacific ocean perch, sharpchin, northern, shortraker, and  
  rougheye.                                                             
\12\ ``Other species'' includes sculpins, sharks, skates, eulachon,     
  smelts, capelin, and octopus.                                         

Interim Allocation of PSC Limits for Crab, Halibut, and Herring

    Under Sec. 679.21(e), annual PSC limits are specified for red king 
crab and Chionoecetes bairdi Tanner crab in applicable Bycatch 
Limitation Zones (see Sec. 679.2) of the BS subarea, and for Pacific 
halibut and Pacific herring throughout the BSAI.
    Section 679.21(e) authorizes the apportionment of each PSC limit 
into PSC allowances for specified fishery categories. NMFS has approved 
Amendment 40 to the FMP that establishes a C. opilio PSC limit. NMFS 
anticipates that regulations implementing the C. opilio PSC limit will 
not be published in the Federal Register and effective before mid-
December 1997. Thus, regulatory authority does not exist to establish 
an interim 1998 PSC limit for this species. NMFS anticipates that the 
final 1998 specifications will include a C. opilio PSC limit 
apportioned among specific trawl fisheries.
    Section 679.20(c)(2)(ii) requires that one-fourth of each proposed 
PSC allowance be made available on an interim basis for harvest at the 
beginning of the fishing year, until superseded by the final harvest 
specifications. The interim PSC allowances are specified in Table 2 and 
are in effect at 0001 hours, A.l.t., January 1, 1998.

    Table 2.--Interim 1998 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries.    
----------------------------------------------------------------------------------------------------------------
                                                      Prohibited species and zone         C. bairdi  (animals)  
                                                ----------------------------------------------------------------
                                                                             Red King                           
                Trawl fisheries                    Halibut      Herring        Crab                             
                                                  (mt) BSAI    (mt) BSAI    (animals)    Zone 1 \1\   Zone 2 \1\
                                                                            Zone 1 \1\                          
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................................          233           67        2,500       69,079      267,750
Rock sole/oth.flat/flat sole \2\...............          199  ...........       18,750       74,013       89,250
Turbot/arrow./sable \3\........................            0  ...........  ...........  ...........            0
Rockfish.......................................            0            2  ...........  ...........        1,750
Pacific cod....................................          400            5        1,875       33,306       48,750
Midwater pollock...............................  ...........          286  ...........  ...........  ...........
Pollock/Atka/other \4\.........................           88           36        1,875       11,102      117,500
                                                ----------------------------------------------------------------

[[Page 65629]]

                                                                                                                
      Total Trawl..............................          919          395       25,000      187,500      525,000
                                                ================================================================
              Non Trawl Fisheries                                                                               
Pacific Cod....................................          210  ...........  ...........  ...........  ...........
Other Non-Trawl................................           15  ...........  ...........  ...........  ...........
Groundfish pot & jig...........................       ( \5\)  ...........  ...........  ...........  ...........
Sablefish hook & line..........................       ( \5\)  ...........  ...........  ...........  ...........
                                                ----------------------------------------------------------------
      Total non-Trawl..........................          225  ...........  ...........  ...........  ...........
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.  679.2 for definitions of areas.                                                              
\2\ Rock sole, flathead sole, and other flatfish fishery category.                                              
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.                                      
\4\ Pollock other than midwater pollock, Atka mackerel, and ``other species'' fishery category.                 

    Prior to the beginning of the 1998 fishing year, NMFS will issue 
fishery closures based on these interim specifications if the 
Administrator, Alaska Region, NMFS determines that interim TAC amounts 
are required as incidental catch to support other anticipated 
groundfish fisheries or if the PSC allowance for a fishery has been 
reached.
    After consideration of public comments on the proposed 1998 
specifications for BSAI groundfish and additional scientific 
information presented at its December 1997 meeting, the Council may 
recommend other closures to directed fishing. NMFS may implement other 
closures at the time the final 1998 harvest specifications are 
implemented or during the 1998 fishing year, as necessary for effective 
management.

Classification

    This action is authorized under 50 CFR part 679 and is exempt from 
review under E.O. 12866.
    The Assistant Administrator for Fisheries finds for good cause 
under 5 U.S.C. 553(b)(B) that the need to establish interim harvest 
specifications for the fisheries in the BSAI, effective January 1, 
1998, makes it impractical 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 BSAI 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 stock assessment 
reports and other information concerning the fisheries in the BSAI 
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.

    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. 97-32683 Filed 12-12-97; 8:45 am]
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