[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Proposed Rules]
[Pages 65644-65651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32684]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 971208297-7297-01; I.D. 112097A]
Groundfish Fishery of the Gulf of Alaska; 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 for groundfish,
reserves and apportionment thereof, Pacific halibut prohibited species
catch (PSC) limits, and associated management measures for the
groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits and associated management
measures for groundfish the 1998 fishing year. The intended effect of
this action is to conserve and manage the groundfish resources in the
GOA and to provide an opportunity for public participation in the
annual groundfish specification process.
DATES: Comments must be received by January 14, 1998.
ADDRESSES: Comments must be sent to the Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, National
Marine Fisheries Service, 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, 605 West 4th Ave., Suite 306, Anchorage, AK
99501-2252 (907-271-2809).
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 Magnuson-Stevens Fishery Conservation and Management Act.
[[Page 65645]]
The FMP and implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species and the ``other species'' category,
the sum of which must be within the optimum yield (OY) range of 116,000
to 800,000 metric tons (mt) (Sec. 679.20 (a)(1)(ii)). Section
679.20(c)(1) further requires NMFS to annually solicit public comment
on proposed annual TACs and publish halibut PSC amounts, seasonal
allowances of pollock, and inshore/offshore Pacific cod. The proposed
specifications set forth in Tables 1-6 of this action satisfy these
requirements. For 1998, the sum of the proposed TAC amounts is 309,715
mt. Under Sec. 679.20(c)(3), NMFS will publish the final 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)(i) requires that interim specifications--one-
fourth of each proposed TAC and apportionment thereof (not including
the reserves and the first seasonal allowance of pollock), one-fourth
of the proposed halibut PSC amounts, and the proposed first seasonal
allowance 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 by the final 1998 harvest specifications, which will be
published in the Federal Register.
NMFS is publishing, in the Rules and Regulations section of this
Federal Register volume, interim TAC specifications and apportionments
thereof for the 1998 fishing year that will become effective 0001
hours, A.l.t. January 1, 1998, and remain in effect until superseded by
the final 1998 harvest specifications. 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 (SCC)
reviewed current biological information about the condition of
groundfish stocks in the GOA at their September 1997 meeting. This
information was compiled by the Council's GOA Plan Team and is
presented in the preliminary 1998 SAFE report for the GOA 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 GOA ecosystem and
the economic condition of the 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 new information collected during 1997. 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 approved by NMFS under Amendment 44 to the FMP
(62 FR 2652, January 17, 1997). 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. The revised definitions result in
lower exploitation rates and ABCs for most species, although biomass
estimates are generally 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 the ABCs for deep-water flatfish in the Western and Central areas
of the GOA and for nearshore pelagic shelf rockfish in the Central area
of the GOA. For these stocks the Plan Team had based its ABC
recommendations on a tier six calculation of average catch of these
species for the period 1991 though 1997, rather than for the period
1987 though 1995 as specified in Amendment 44 to the FMP. The SSC's
corrected ABC recommendations were unchanged from 1997 and equaled
3,690 mt for deep-water flatfish in the Western area, 3,140 mt for
deep-water flatfish in the Central area, and 260 mt for nearshore
pelagic shelf rockfish in the Central area of the GOA. The Council
adopted the proposed overfishing and ABC amounts recommended by the SSC
(Table 1).
At its June 1997 meeting, the Council adopted Amendment 46 to the
FMP. This amendment would remove the nearshore component of pelagic
shelf rockfish (consisting of black rockfish and blue rockfish) from
the FMP. The intent of this action was to provide the State of Alaska
with full management authority for these stocks. The Council believes
that regional management of these stocks by the Alaska Department of
Fish and Game will more fully address fishery and management concerns.
A proposed rule to implement Amendment 46 was published in the Federal
Register on December 2, 1997 (62 FR 63690). Pending the timely approval
of Amendment 46 by NMFS, the final 1998 specifications would not
include specifications for the nearshore component of pelagic shelf
rockfish as proposed in Table 1.
Specification and Apportionment of TAC Amounts and Reserves
The Council adopted the AP's proposals for the 1998 GOA TAC
amounts. For each species these amounts equal the 1997 TAC amounts
except for pollock, which equals the 1998 ABC recommended by the Plan
Team, SSC, and AP. 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
116,000-800,000 mt.
The reserves for the GOA (under Sec. 679.20(b)(2)) are 20 percent
of the TAC amounts for pollock, Pacific cod, flatfish target species
categories, and ``other species.'' The GOA groundfish TAC amounts have
been fully utilized by the respective domestic target species
categories since 1987, and NMFS expects the same to occur in 1998. NMFS
proposes apportionment of all the reserves to the respective target
species categories except for Pacific cod. The Pacific cod fishery in
the GOA has become increasingly difficult to manage. The increased
number of participants, unexpected increases in harvest rates, and
unexpected shifts to other management areas and targets in the GOA have
resulted in overharvests of Pacific cod in some areas. Therefore, NMFS
proposes to initially reserve 20 percent of the Pacific cod TACs in the
GOA as a management buffer to prevent exceeding the Pacific cod TAC.
Table 1 sets forth the proposed 1998 ABC, TAC, initial TAC amounts
(for Pacific cod only), overfishing levels, and initial apportionments
of groundfish in the GOA. The section following Table 1 discusses the
apportionment of TAC amounts among fisheries. These
[[Page 65646]]
proposed specifications are subject to change as a result of public
comment, analysis of the current biological condition of the groundfish
stocks, new information regarding the fishery, and consultation with
the Council at its December 1997 meeting.
Table 1.--Proposed 1998 ABCs, TACs, Initial TACs (Pacific Cod Only) and Overfishing Levels of Groundfish for the
Western/Central (W/C), Western (W), Central (C), and Eastern (E) Regulatory Areas and in the West Yakutat (WYK),
Southeast Outside (SEO), and Gulf-Wide (GW) Districts of the Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Species Area \1\ ABC TAC Initial TAC Overfishing
----------------------------------------------------------------------------------------------------------------
(mt)
----------------------------------------------------
Pollock \2\
Shumagin....................... (610)................. 24,200 24,200 ........... ...........
Chirikof....................... (620)................. 40,660 40,660 ........... ...........
Kodiak......................... (630)................. 31,940 31,940
----------------------------------------------------
Subtotal..................... W/C................... 96,800 96,800 ........... 137,900
E..................... 8,800 8,800 ........... 12,600
Total........................ ...................... 105,600 105,600 ........... 150,500
====================================================
Pacific cod \3\
W..................... 28,500 24,225 19,380 ...........
C..................... 51,400 43,690 34,952 ...........
E..................... 1,600 1,200 960
----------------------------------------------------
Total........................ ...................... 81,500 69,115 55,292 180,000
====================================================
Flatfish (deep-water) \4\.......... W..................... 340 340 ........... ...........
C..................... 3,690 3,690 ........... ...........
E..................... 3,140 3,140
----------------------------------------------------
Total........................ ...................... 7,170 7,170 ........... 9,420
====================================================
Rex sole \4\....................... W..................... 1,190 1,190 ........... ...........
C..................... 5,490 5,490 ........... ...........
E..................... 2,470 2,470
----------------------------------------------------
Total........................ ...................... 9,150 9,150 ........... 11,920
====================================================
Flathead sole...................... W..................... 8,440 2,000 ........... ...........
C..................... 15,630 5,000 ........... ...........
E..................... 2,040 2,040
----------------------------------------------------
Total........................ ...................... 26,110 9,040 ........... 34,010
====================================================
Flatfish (shallow-water) \5\....... W..................... 22,570 4,500 ........... ...........
C..................... 19,260 12,950 ........... ...........
E..................... 1,320 1,180 ........... ...........
----------------------------------------------------
Total........................ ...................... 43,150 18,630 ........... 59,540
====================================================
Arrowtooth flounder................ W..................... 33,010 5,000 ........... ...........
C..................... 149,640 25,000 ........... ...........
E..................... 25,690 5,000
----------------------------------------------------
Total........................ ...................... 208,340 35,000 ........... 295,970
====================================================
Sablefish \6\...................... W..................... 1,860 1,860 ........... ...........
C..................... 6,410 6,410 ........... ...........
WYK................... 2,410 2,410 ........... ...........
SEO................... 3,840 3,840
----------------------------------------------------
Total........................ ...................... 14,520 14,520 ........... 30,360
====================================================
Pacific ocean perch \7\............ W..................... 2,230 1,472 ........... 3,190
C..................... 8,160 5,352 ........... 11,630
E..................... 5,450 2,366 ........... 7,770
----------------------------------------------------
Total........................ ...................... 15,840 9,190 ........... 22,590
====================================================
Short raker/rougheye \8\........... W..................... 160 160 ........... ...........
C..................... 970 970 ........... ...........
E..................... 460 460
----------------------------------------------------
[[Page 65647]]
Total........................ ...................... 1,590 1,590 ........... 2,740
====================================================
Other rockfish \9\ \10\ \11\....... W..................... 20 20 ........... ...........
C..................... 650 650 ........... ...........
E..................... 4,590 1,500
----------------------------------------------------
Total........................ ...................... 5,260 2,170 ........... 7,560
====================================================
Northern Rockfish \12\............. W..................... 840 840 ........... ...........
C..................... 4,150 4,150 ........... ...........
E..................... 10 10
----------------------------------------------------
Total........................ ...................... 5,000 5,000 ........... 9,420
====================================================
Pelagic shelf rockfish \13\........ W combined............ 570 570 ........... ...........
C nearshore........... 260 260 ........... 350
C offshore............ 3,320 3,320 ........... ...........
E combined............ 990 990
----------------------------------------------------
Total excl................... C nearshore........... 4,880 4,880 ........... ...........
----------------------------------------------------
Total incl................... C nearshore........... 5,140 5,140 ........... 8,190
====================================================
Demersal shelf rockfish \11\....... SEO................... 950 950 ........... 1,450
Thornyhead rockfish................ GW.................... 1,700 1,700 ........... 2,440
Atka mackerel...................... GW.................... 1,000 1,000 ........... 6,200
Other species \14\................. GW.................... N/A \15\ 14,750
----------------------------------------------------
Total \16\................... ...................... 531,020 309,715 ........... 832,540
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2.
\2\ Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3),
each of which is further divided into three seasonal allowances. In the Eastern Regulatory Area, pollock is
not divided into seasonal allowances.
\3\ Pacific cod is allocated 90 percent for processing by the inshore, and 10 percent for processing by the
offshore component. Component allocations are shown in Table 4.
\4\ ``Deep-water flatfish'' means Dover sole and Greenland turbot.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ Sablefish is allocated to trawl and hook-and-line gears (Table 2).
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).
\9\ ``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.
\10\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), and S. reedi (yellowmouth).
\11\ ``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).
\12\ ``Northern rockfish'' means Sebastes polyspinis.
\13\ ``Pelagic shelf rockfish'' means Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S.
entomelas (widow), and S. flavidus (yellowtail). ``Pelagic shelf rockfish nearshore'' means Sebastes melanops
(black) and S. mystinus (blue). ``Pelagic shelf rockfish offshore'' means Sebastes ciliatus (dusky), S.
entomelas (widow), and S. flavidus (yellowtail).
\14\ ``Other species'' means sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC
for ``other species'' equals 5 percent of the TACs of target species.
\15\ N/A means not applicable.
\16\ The total ABC is the sum of the ABCs for target species.
Proposed Apportionment of the Sablefish TAC Amounts to Users of
Hook-and-Line and Trawl Gear
Under Sec. 679.20(a)(4)(i) and (ii), 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 amounts is allocated to vessels using hook-and-line gear and 20
percent is allocated to vessels using trawl gear. In the Eastern
Regulatory Area, 95 percent of the TAC is assigned to vessels using
hook-and-line gear and 5 percent is assigned to vessels using trawl
gear. The trawl gear allocation in the Eastern Regulatory Area may only
be used as bycatch to support directed fisheries for other trawl target
species. Sablefish caught in the GOA with gear other than hook-and-line
or trawl must be treated as prohibited species and may not be retained.
Table 2 sets forth the assignments of the proposed 1998 sablefish TAC
amounts between vessels using hook-and-line and trawl gears.
[[Page 65648]]
Table 2.--Proposed 1998 Sablefish TAC Specifications in the Gulf of
Alaska and Assignments Thereof to Hook-and-Line and Trawl Gear
------------------------------------------------------------------------
Hook-and-
Area/District TAC line share Trawl share
------------------------------------------------------------------------
(mt)
--------------------------------------
Western.......................... 1,860 1,488 372
Central.......................... 6,410 5,128 1,282
Eastern:
West Yakutat................. 2,410 2,290 120
Southeast Outside............ 3,840 3,648 192
--------------------------------------
Total...................... 14,520 12,554 1,966
------------------------------------------------------------------------
Proposed Apportionments of Pollock and Pacific Cod TAC Amounts
In the GOA, pollock is apportioned by area and season. Section
679.20(a)(5)(ii)(A) requires that the TAC for pollock in the combined
Western/Central (W/C) Regulatory Areas be apportioned among statistical
areas Shumagin (610), Chirikof (620), and Kodiak (630) in proportion to
known distribution of the pollock biomass. This measure was intended to
provide spatial distribution of the pollock harvest as a sea lion
protection measure. Under Sec. 679.20(a)(5)(ii)(B), the pollock TAC for
the W/C Regulatory Areas is apportioned into three seasonal allowances
of 25, 25 and 50 percent, respectively. As established under
Sec. 679.23(d)(2), the first, second, and third seasonal allowances of
the W/C Regulatory Area pollock TAC amounts are available on January 1,
June 1, and September 1, respectively. Within any fishing year, any
unharvested amount of any seasonal allowance of pollock TAC is added in
equal proportions to all subsequent seasonal allowances, resulting in a
sum for each allowance not to exceed 150 percent of the initial
seasonal allowance. Similarly, harvests in excess of a seasonal
allowance of TAC are deducted in equal proportions from the remaining
seasonal allowances of that fishing year. The Eastern Regulatory Area
proposed TAC of 8,800 mt is not allocated among smaller areas, or
seasonally.
Section 679.20(a)(6)(ii) requires the allocation of the pollock
apportionment in all regulatory areas and for all seasonal allowances
to the inshore and offshore components as defined at Sec. 679.2.
Similarly, Sec. 679.20(a)(6)(iii) requires allocation of the Pacific
cod apportionment in all regulatory areas to the inshore and offshore
components. The inshore component would be allocated as 100 percent of
the pollock TAC in each regulatory area after subtraction of amounts
that are determined by the Administrator, Alaska Region, NMFS (Regional
Administrator), 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. The proposed distribution of pollock within
the combined W/C Regulatory Areas is shown in Table 3, except that the
allocation to the inshore and offshore components are not shown.
The inshore component for Pacific cod would be allocated as 90
percent of the TAC in each regulatory area. Inshore and offshore
component allocations of the proposed 55,292 mt initial TAC for each
regulatory area are set forth in Table 4.
Table 3.--Proposed Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/
C GOA); Biomass Distribution, Area Apportionments, and Seasonal
----------------------------------------------------------------------------------------------------------------
Seasonal Allowances
Statistical area Biomass 1998 ABC = --------------------------------------
percent TAC First Second Third
----------------------------------------------------------------------------------------------------------------
(3)(mt)
---------------------------------------------------
Shumagin (610)................................. 25 24,200 6,050 6,050 12,100
Chirikof (620)................................. 42 40,660 10,165 10,165 20,330
Kodiak (630)................................... 33 31,940 7,985 7,985 15,970
----------------------------------------------------------------
Total.................................... 100 96,800 24,200 24,200 48,400
----------------------------------------------------------------------------------------------------------------
Note: Allowances. ABC for the W/C GOA is proposed to be 96,800 metric tons (mt). Biomass distribution is based
on 1996 survey data. TAC amounts are equal to ABC. Inshore and offshore allocations of pollock are not shown.
Table 4.--Proposed 1998 Allocation of Pacific Cod Initial TAC Amounts in
the Gulf of Alaska; Allocations for Processing by the Inshore and
Offshore Components.
------------------------------------------------------------------------
Component Allocation
-------------------------
Regulatory area Initial TAC Inshore Offshore
(90%) (10%)
------------------------------------------------------------------------
(mt)
--------------------------------------
Western.......................... 19,380 17,442 1,938
Central.......................... 34,952 31,457 3,495
[[Page 65649]]
Eastern.......................... 960 864 96
--------------------------------------
Total:..................... 55,292 49,763 5,529
------------------------------------------------------------------------
``Other Species'' TAC
The FMP specifies that amounts for the ``other species'' category
are calculated as 5 percent of the combined TAC amounts for target
species. The GOA-wide ``other species'' TAC is calculated as 14,750 mt,
which is 5 percent of the sum of combined TAC amounts for the target
species.
Proposed 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. At its September meeting, the Council recommended that
NMFS reestablish the PSC limits of 2,000 mt for the trawl fisheries and
300 mt for the hook-and-line fisheries, with 10 mt of the hook-and-line
limit allocated to the demersal shelf rockfish (DSR) fishery in the SEO
District and the remainder to the remaining hook-and-line fisheries.
The Council did not propose seasonal apportionments of these PSC limits
but may recommend such apportionments at its December 1997 meeting.
Section 679.21(d)(4) authorizes the exemption of specified nontrawl
fisheries from the halibut PSC limit. As in 1996 and 1997, the Council
proposes to exempt pot gear and the hook-and-line sablefish fishery
from the nontrawl halibut limit for 1998. The Council proposed these
exemptions because the halibut bycatch mortality experienced in the pot
gear fisheries was low (17 mt in 1996, and 13 mt in 1997) and because
the sablefish and halibut Individual Fishing Quota (IFQ) program,
implemented in 1995, allows retention of legal-sized halibut in the
sablefish fishery by persons holding IFQ permits for halibut.
NMFS preliminarily concurs in the Council's 1998 recommendations
for halibut bycatch limits.
Section 679.21(d)(3)(iii) authorizes the apportionment of the trawl
halibut PSC limit to a deep-water species fishery (consisting of
sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth
flounder) and a shallow-water species fishery (consisting of pollock,
Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and
``other species''). The proposed apportionment for these two fishery
complexes is presented in Table 5 and is unchanged from 1997.
Table 5.--Proposed 1998 Apportionment of Pacific Halibut PSC Trawl Limits Between the Deep-water Species Complex
and the Shallow-water Species Complex
----------------------------------------------------------------------------------------------------------------
Shallow-
Season water Deep-water Total
----------------------------------------------------------------------------------------------------------------
(mt)
--------------------------------------
Jan. 20-Sep. 30.......................................................... 800 800 1,600
Oct. 1-Dec. 31........................................................... ........... ........... 400
--------------------------------------
Total.............................................................. ........... ........... 2,000
There is no apportionment between shallow-water and deep-water fishery categories between October 1 and December
31.
----------------------------------------------------------------------------------------------------------------
Some changes may be made by the Council or NMFS in the seasonal,
gear type and fishing-complex apportionments of halibut PSC limits for
the final 1998 harvest specifications. NMFS considers the following
types of information in setting halibut PSC limits as presented by, and
summarized from, the preliminary 1998 SAFE Report, or from public
comment and testimony.
Estimated Halibut Bycatch in Prior Years
The best available information on estimated halibut bycatch is
available from data collected during 1997 by observers. The calculated
halibut bycatch mortality by trawl, hook-and-line, and pot gear through
October 18, 1997, is 1,748 mt, 210 mt, and 13 mt, respectively, for a
total halibut mortality of 1,971 mt.
Halibut bycatch restrictions seasonally constrained trawl gear
fisheries during the first, second, and third quarters of the 1997
fishing year and are anticipated to constrain trawl gear fisheries
during the fourth quarter. Trawling for the deep-water fishery complex
was closed during the first quarter on March 15 (62 FR 13352, March 20,
1997), for the second quarter on April 14 (62 FR 18725, April 17,
1997), and for the third quarter on July 20 (62 FR 39782, July 24,
1997). The shallow-water fishery complex was closed in the second
quarter on May 6 (62 FR 25138, May 8, 1996) and in the third quarter on
August 8 (62 FR 43485, August 14, 1996). The amount of groundfish that
might have been harvested if halibut had not been seasonally limiting
in 1997 is unknown. However, lacking market incentives, some amounts of
groundfish will not be harvested, regardless of halibut PSC bycatch
availability.
Expected Changes in Groundfish Stocks
At its September 1997 meeting, the Council recommended 1998 ABC
amounts higher than 1997 ABC amounts for pollock, arrowtooth, and
Pacific ocean perch (POP). The proposed 1998 ABC amounts for the
remaining species or species groups are unchanged from 1997 amounts.
More information on these proposed changes is included in the
preliminary SAFE Report, dated September 1997, and in the AP, SSC, and
Council minutes from the September 1997 meeting.
[[Page 65650]]
Expected Changes in Groundfish Catch
The total of the proposed 1998 TAC amounts for the GOA is 309,715
mt, which represents 110 percent of the sum of TAC amounts for 1997
(282,815 mt). Increases in TAC are proposed for pollock, arrowtooth,
and POP. The proposed increases in TAC should not directly affect
halibut bycatch.
Current Estimates of Halibut Biomass and Stock Condition
The most recent information on halibut biomass and stock condition
may be found in the 1997 final SAFE report, dated December 1997. New
information will be incorporated in the final 1998 SAFE report.
The International Pacific Halibut Commission (IPHC) has been
developing substantially different methods of estimating halibut
biomass and stock conditions. These methods have resulted in new
estimates of biomass and recruitment. The IPHC estimates of biomass and
recruitment of halibut are higher than previously indicted. The
increase in estimated biomass under the new method can be attributed to
three factors.
1. Halibut size at age information is better represented in the
population model. Growth has declined and the new method more
appropriately accounts for the availability of young halibut to capture
by hook and line gear; the estimated abundance of young halibut has
increased accordingly.
2. Bycatch mortality of legal-sized halibut (32 inches or greater)
is now included in the assessment along with other removals such as
commercial and sport; this inclusion of bycatch mortality causes the
estimated biomass to increase to account for the increase in removals.
3. Catch rates from IPHC hook and line surveys are included in the
analysis; these data support trends observed in the commercial fishery
that the halibut population has increased.
The 1987 year class of halibut is large, although individual fish
are small. The strength of this year class has increased current
estimates of abundance and suggests that halibut biomass is likely to
stay high for the next several years.
Potential Impacts of Expected Fishing for Groundfish on Halibut
Stocks and U.S. Halibut Fisheries
The allowable commercial catch of halibut will be adjusted to
account for the overall halibut PSC mortality limit established for
groundfish fisheries. The 1998 groundfish fisheries are expected to use
the entire proposed halibut PSC limit of 2,300 mt. The allowable
directed commercial catch is determined by accounting for the
recreational catch, waste, and bycatch mortality, and then providing
the remainder to the directed fishery. Groundfish fishing is not
expected to affect the halibut stocks.
Methods Available for, and Costs of, Reducing Halibut Bycatches in
Groundfish Fisheries
Methods available for reducing halibut bycatch include (1) Reducing
halibut bycatch rates through the Vessel Incentive Program (2)
modifications to gear (3) changes in groundfish fishing seasons (4)
individual transferable quota programs and (5) time/area closures.
Reductions in groundfish TAC amounts provide no incentive for
fishermen to reduce bycatch rates. Costs that would be imposed on
fishermen as a result of reducing TAC amounts depend on species and
amounts of groundfish foregone.
Trawl vessels carrying observers for purposes of complying with the
observer coverage requirements (50 CFR 679.50) are subject to the
Vessel Incentive Program. The program encourages trawl fishermen to
avoid high halibut bycatch rates while conducting groundfish fisheries
by specifying bycatch rate standards for various target fisheries.
Current regulations (Sec. 679.24(b)(1)(ii)) require groundfish pots
to have halibut exclusion devices to reduce halibut bycatch. Resulting
low bycatch and mortality rates of halibut in pot fisheries have
justified exempting pot gear from PSC limits.
The regulations also define pelagic trawl gear in a manner intended
to reduce bycatch of halibut by displacing fishing effort off the
bottom of the sea floor when certain halibut bycatch levels are reached
during the fishing year. The definition provides standards for physical
conformation (Sec. 679.2, see Authorized gear) and performance of the
trawl gear in terms of crab bycatch (Sec. 679.7(b)(3)). Furthermore,
all hook-and-line vessel operators are required to employ careful
release measures when handling halibut bycatch (Sec. 679.7(b)(2)).
These measures are intended to reduce handling mortality, increase the
amount of groundfish harvested under the available halibut mortality
bycatch limits, and possibly lower overall halibut bycatch mortality in
groundfish fisheries.
The sablefish/halibut IFQ program (implemented in 1995) was
intended, in part, to reduce the halibut discard mortality in the
sablefish fishery.
Methods available for reducing halibut bycatch listed above will be
reviewed by NMFS and the Council to determine their effectiveness.
Changes will be initiated, as necessary, in response to this review or
to public testimony and comment.
Consistent with the goals and objectives of the FMP to reduce
halibut bycatches while providing an opportunity to harvest the
groundfish OY, NMFS proposes the assignments of 2,000 mt and 300 mt of
halibut PSC mortality limits to trawl and hook-and-line gear,
respectively. While these limits would reduce the harvest quota for
commercial halibut fishermen, NMFS has determined that they would not
result in unfair allocation to any particular user group. NMFS
recognizes that some halibut bycatch will occur in the groundfish
fishery, but the Vessel Incentive Program, required modifications to
gear, and implementation of the halibut IFQ program are intended to
reduce adverse impacts on halibut fishermen while promoting the
opportunity to achieve the OY from the groundfish fishery.
Halibut Discard Mortality Rates
The Council recommended that revised assumed halibut mortality
rates developed by staff of the IPHC be adopted for purposes of
monitoring halibut bycatch mortality limits established for the 1998
GOA groundfish fisheries. NMFS concurs in the Council's recommendation.
Most of the IPHC's assumed mortality rates were based on an average of
mortality rates determined from NMFS-observer data collected during
1995 and 1996. For fisheries where a steady trend from 1993 to 1996
towards increasing or decreasing mortality rates was observed, the IPHC
recommended using the most recent year's rate. Rates for 1995 and 1996
were lacking for some fisheries, so rates from the most recent years
were used. Most of the assumed mortality rates recommended for 1998
differ slightly from those used in 1997. The recommended rates are the
same as 1997 for all longline targeted fisheries, except rockfish, for
which the rate is higher. The recommended rates for longline targeted
fisheries range from 9 to 24 percent. The recommended rates are higher
for all trawl targeted fisheries and range from 57 to 73 percent. The
recommended rates are lower for all pot-targeted fisheries at 14
percent. The halibut mortality rates are listed in Table 6.
The proposed mortality rates listed in Table 6 are subject to
change after the Council considers an updated analysis on halibut
mortality rates in the groundfish fisheries that IPHC staff are
[[Page 65651]]
scheduled to present to the Council at the Council's December 1997
meeting.
Table 6.--Proposed 1998 Assumed Pacific Halibut Mortality Rates for
Vessels Fishing in the Gulf of Alaska. Table Values are Percent of
Halibut Bycatch Assumed to be Dead
------------------------------------------------------------------------
Gear and target Percent
------------------------------------------------------------------------
Hook-and-line:
Sablefish................................................ 24
Pacific cod.............................................. 12
Rockfish................................................. 9
Other species............................................ 12
Trawl:
Midwater pollock......................................... 66
Rockfish................................................. 68
Shallow-water flatfish................................... 71
Pacific cod.............................................. 67
Deep-water flatfish...................................... 64
Bottom pollock........................................... 73
Atka mackerel............................................ 57
Flathead sole............................................ 67
Rex sole................................................. 69
Sablefish................................................ 67
Other species............................................ 67
Pot:
Pacific cod.............................................. 14
Pollock.................................................. 14
Other species............................................ 14
------------------------------------------------------------------------
Classification
This action is authorized under 50 CFR 679.20 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 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
greater than or equal to 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 generally 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 GOA groundfish fishery is
1,492. Of these, about 200 vessels used trawl gear to harvest GOA
groundfish. All participants in the GOA 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 the proposed
specifications.
The only change in the proposed 1998 TAC amounts relative to
1997 is a 25,620 mt increase in the pollock TAC. No significant
changes in the socioeconomic condition of the GOA 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 on a substantial number of small
entities 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. The proposed TAC increase for GOA pollock would
positively benefit trawl catcher vessels that harvest this species.
Based on an exvessel price for GOA pollock of $ 0.102 per lb as
reported in the preliminary 1998 Stock Assessment Fishery Evaluation
(SAFE) report dated September 1997 (See ADDRESSES), the potential
increased revenue to trawl catcher vessels is $5.8 million, assuming
all of the fish is harvested and landed.
Based on 1996 data presented in the preliminary 1998 SAFE
report, the total exvessel value of the GOA groundfish fishery is
estimated at $125.3 million. These revenues are shared among small
and large sector entities. Based on the proposed specifications, the
value of the GOA fishery is expected to remain at approximately this
level with no significant allocation shifts between sectors, and for
the reasons presented above, these revenues are not expected to be
reduced significantly within either sector. 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. In fact, a positive
impact on small entities would occur to the extent that TAC amounts
for pollock are increased. This assessment will be reviewed again
subsequent to the Council's final recommendations for 1998 TAC
amounts. The final recommendations will be based on new information
on the status of GOA 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 re-evaluated.
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. 97-32684 Filed 12-12-97; 8:45 am]
BILLING CODE 3510-22-P