[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12689-12697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6620]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 112097B]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Final 1998 Harvest Specifications for Groundfish

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

ACTION: Final 1998 specifications for groundfish and associated 
management measures; apportionment of reserves.

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SUMMARY: NMFS announces final 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 during the 1998 fishing 
year. The intended effect of this action is to conserve and manage the 
groundfish resources in the BSAI.

DATES: The final 1998 harvest specifications and associated 
apportionment of reserves are effective at 1200 hrs, Alaska local time 
(A.l.t.), March 11, 1998 through 2400 hrs, A.l.t., December 31, 1998. 
Comments on the apportionment of reserves must be submitted by March 
31, 1998.

ADDRESSES: The final Environmental Assessment (EA) and Final Regulatory 
Flexibility Analysis prepared for the 1998 Total Allowable Catch 
Specifications may be obtained from the Sustainable Fisheries Division, 
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori 
Gravel, or by calling 907-586-7229. Comments on the apportionment of 
reserves may be sent to Sue Salveson, Assistant Regional Administrator 
for Sustainable Fisheries, at the same address. The final 1998 Stock 
Assessment and Fishery Evaluation (SAFE) Report, dated November 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 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 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 Community Development Quota (CDQ) and Prohibited 
Species Quota (PSQ) reserves. The final specifications set forth in 
Tables 1 through 7 of this action satisfy these requirements. For 1998, 
the sum of the TAC is 2 million mt.
    The proposed BSAI groundfish specifications and specifications for 
prohibited species bycatch allowances for the groundfish fishery of the 
BSAI were published in the Federal Register on December 15, 1997 (62 FR 
65638), and corrected on December 17, 1997 (62 FR 67041). Comments were 
invited through January 14, 1998. Five comments were received and are 
summarized and responded under in the Response to Comments section. 
Public consultation with the Council occurred during the December 1997 
Council meeting in Anchorage, AK. After considering public comments 
received, as well as biological and economic data that were available 
at the Council's December meeting, NMFS is implementing the final 1998 
specifications as recommended by the Council.
    Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of 
each proposed initial TAC (ITAC) amount and apportionment thereof, one-
fourth of each proposed PSC allowance established under Sec. 679.21, 
and the first seasonal allowances of pollock become available at 0001 
hours Alaska local time (A.l.t.), January 1, on an interim basis and 
remain in effect until superseded by the final specifications. 
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. NMFS published the 
interim 1998 specifications in the Federal Register on December 15, 
1997 (62 FR 65626). The final 1998 groundfish harvest specifications 
and prohibited species bycatch allowances contained in this action 
supersede the interim 1998 specifications.

Acceptable Biological Catch (ABC) and TAC Specifications

    The specified 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 their September and December 1997 
meetings. This information was compiled by the Council's BSAI 
Groundfish Plan Team (Plan Team) and is presented in the final 1998 
SAFE report for the BSAI groundfish fisheries, dated November 1997. The 
SAFE report, produced annually by the Plan Team, reviews the latest 
scientific analyses and estimates of each species' biomass and of 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 or species category.
    The 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. 
In general, the development of ABC and overfishing levels involves 
sophisticated statistical analyses of fish populations and is based on 
a successive series of six levels, or tiers, of reliable information 
available to fishery scientists. Details of the Plan Team's 
recommendations for 1998 overfishing and ABC amounts for each species 
are provided in the final 1998 SAFE report.
    At its September 1997 meeting, the SSC, AP, and Council reviewed 
the Plan Team's preliminary recommendations for the 1998 proposed ABC 
amounts.

[[Page 12690]]

The preliminary ABCs for each species for 1998 and other biological 
data from the September 1997 draft SAFE report were provided in the 
discussion supporting the proposed 1998 specifications (62 FR 65638, 
December 15, 1997). Based on the SSC's comments concerning technical 
methods and new biological data not available in September, the Plan 
Team revised its ABC recommendations in the final SAFE report. The 
revised ABC recommendations were again reviewed and endorsed by the 
SSC, AP, and Council at their December 1997 meetings. The final ABCs as 
adopted by the Council are listed in Table 1.
    The Council adopted the AP's recommendations for TAC amounts. These 
recommendations were based on the final ABCs as adjusted for other 
biological and socioeconomic considerations, including maintaining the 
total TAC in the required OY range of 1.4 million to 2.0 million mt. 
None of the Council's recommended TACs for 1998 exceeds the final ABC 
for any species category. Therefore, NMFS finds that the recommended 
TACs are consistent with the biological condition of groundfish stocks.
    The Council recently adopted Amendment 36 to the FMP, which would 
establish a new species category for forage fish species. A notice of 
availability of Amendment 36 was published in the Federal Register on 
November 12, 1997 (62 FR 60682). A proposed rule to implement Amendment 
36 was published in the Federal Register on December 12, 1997 (62 FR 
65402). As approved by NMFS on February 6, 1998, Amendment 36 removes 
capelin, eulachon, and smelt from the ``other species'' category and 
places them in a new forage fish species category. However, this action 
does not affect the TAC for the remaining species in the ``other 
species'' category. Under Amendment 36, ABC and TAC amounts would not 
be specified for forage fish species. Instead, these species would be 
placed on permanent bycatch status with a maximum retainable bycatch 
amount of 2 percent.
    Table 1 lists the 1998 ABC, TAC, ITAC, and CDQ reserve amounts, 
overfishing levels, and initial apportionments of groundfish in the 
BSAI. The apportionment of TAC amounts among fisheries and seasons is 
discussed below.

 Table 1.--1998 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve 
    Allocation and Overfishing Levels of Groundfish in the Bering Sea (BS) and Aleutian Islands Area (AI) \1\   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Overfishing
           Species                   Area            ABC          TAC        ITAC \2\   CDQ reserve     level   
-------------------------------------------------------------------------------\3\------------------------------
Pollock......................  BS..............    1,110,000    1,110,000      943,500       83,250    2,060,000
                               AI..............       23,800       23,800       20,230        1,785       31,700
                               Bogoslof                6,410        1,000          850           75        8,750
                                District.                                                                       
Pacific cod..................  BSAI............      210,000      210,000      178,500       15,750      336,000
Sablefish \4\................  BS..............        1,300        1,300          553          179        2,160
                               AI..............        1,380        1,380          293          233        2,230
Atka mackerel \5\............  Total...........       64,300       64,300       54,655        4,823      134,000
                               Western AI......       27,000       27,000       22,950        2,025  ...........
                               Central AI......       22,400       22,400       19,040        1,680  ...........
                               Eastern AI/BS...       14,900       14,900       12,665        1,118  ...........
Yellowfin sole...............  BSAI............      220,000      220,000      187,000       16,500      314,000
Rock sole....................  BSAI............      312,000      100,000       85,000        7,500      449,000
Greenland turbot.............  Total...........       15,000       15,000       12,750        1,125       22,300
                               BS..............  ...........       10,050        8,543          754  ...........
                               AI..............  ...........        4,950        4,208          371  ...........
Arrowtooth flounder..........  BSAI............      147,000       16,000       13,600        1,200      230,000
Flathead sole................  BSAI............      132,000      100,000       85,000        7,500      190,000
Other flatfish \6\...........  BSAI............      164,000       89,434       76,019        6,708      253,000
Pacific ocean perch..........  BS..............        1,400        1,400        1,190          105        3,300
                               AI Total........       12,100       12,100       10,285          908       20,700
                               Western AI......        5,580        5,580        4,743          419  ...........
                               Central AI......        3,450        3,450        2,933          259  ...........
                               Eastern AI......        3,070        3,070        2,610          230  ...........
Other red rockfish \7\.......  BS..............          267          267          227           20          356
Sharpchin/Northern...........  AI..............        4,230        4,230        3,596          317        5,640
Shortraker/rougheye..........  AI..............          965          965          820           72        1,290
Other rockfish \8\...........  BS..............          369          369          314           28          492
                               AI..............          685          685          582           51          913
Squid........................  BSAI............        1,970        1,970        1,675          148        2,620
Other species \9\............  BSAI............       25,800       25,800       21,930        1,935      134,000
      Total..................  ................    2,454,976    2,000,000    1,698,568      150,211   4,202,451 
----------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea and Aleutian Islands 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. Except for sablefish (see footnote 3), one half of the amount of the 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\ Regulations at Sec.  679.20(a)(8) require that up to 2 percent of Atka mackerel TAC specified for the       
  Eastern Aleutian Islands District and Bering Sea subarea, after subtraction for reserves, be allocated to     
  vessels using jig gear. For 1998, 1 percent of ITAC, or 127 mt, is allocated to jig gear.                     

[[Page 12691]]

                                                                                                                
\6\ ``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species), flathead
  sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.                                   
\7\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.                              
\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,
  northern, shortraker, and rougheye.                                                                           
\9\ ``Other species'' includes sculpins, sharks, skates, and octopus.                                           

Reserves

    Fifteen percent of the TAC for each target species or species 
group, except the hook-and-line and pot gear allocation of sablefish, 
is automatically placed in a non-specified reserve (Sec. 679.20(b)(1)). 
A portion of the non-specified reserve is allocated to the CDQ reserve. 
The remainder of the non-specified 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.
    Amendment 39 to the FMP was approved by NMFS on September 12, 1997. 
Under amendment 39, the portion of the non-specified reserve that is 
placed in the CDQ reserve is increased to accommodate the multi-species 
CDQ program. Except for sablefish, one half of each TAC amount placed 
in the non-specified reserve (7.5 percent of the total TAC amount) is 
allocated to the CDQ reserve. Regulations at Sec. 679.31(c) require 
NMFS to withhold 20 percent of the hook-and-line and pot gear sablefish 
allocation as CDQ reserve. Amendment 39 also requires NMFS to withhold 
7.5 percent of each PSC limit as a separate PSQ reserve for the CDQ 
fisheries. Regulations governing the management of the CDQ and PSQ 
reserves are set forth at Sec. 679.30 and Sec. 679.31.
    A final rule partially implementing Amendment 39 was published 
February 19, 1998 (63 FR 8356). The rule authorizes the establishment 
of multi-species CDQ reserves for those groundfish TAC categories for 
which there is no existing CDQ program. It does not include measures 
that allow fishing to begin on those reserves. The multi-species CDQ 
program will be implemented by a separate final rule establishing 
management measures for the multi-species CDQ program. Pending timely 
approval of the final rule and the associated Community Development 
Plans, multi-species CDQ fishing could take place in 1998. Under the 
final rule partially implementing Amendment 39, NMFS may add any amount 
of the 1998 CDQ reserve back to the non-specific reserve if the 
Administrator, Alaska Region, NMFS (Regional Administrator) determines 
that the amount will not be used by CDQ groups during the remainder of 
the 1998 fishing year.
    The Council recommended that the CDQ pollock reserve be seasonally 
apportioned so that no more than 45 percent of the 1998 Bering Sea 
allocation may be harvested during the pollock roe season, January 1 
through April 15. Up to 100 percent of the 1998 Aleutian Islands or of 
the Bogoslof District pollock CDQ allocation could be harvested during 
this time period. The same apportionment was recommended for the non-
CDQ pollock ITAC. Apportionment of the Nonspecified Reserve.
    The Regional Administrator has determined that the ITACs specified 
for the species listed below need to be supplemented from the 
nonspecified reserve because U.S. fishing vessels have demonstrated the 
capacity to harvest the full TAC amounts. ITACs for these species have 
been supplemented from the nonspecified reserve during the past 5 
years, and no reason exists to not make the full TAC amount, minus the 
CDQ reserves, available at the beginning of the fishing year. 
Therefore, in accordance with Sec. 679.20(b)(3), NMFS is apportioning 
the amounts shown in Table 2 from the nonspecified reserve to increase 
the ITAC.

 Table 2.--Apportionment of the Nonspecified Reserve to ITAC Categories.
------------------------------------------------------------------------
                                                          Reserve amount
                Species--area or subarea                       (mt)     
------------------------------------------------------------------------
Pollock--Bering Sea.....................................          83,250
Pollock--Aleutian Islands...............................           1,785
Atka mackerel--Western Aleutian Islands.................           2,025
Atka mackerel--Central Aleutian Islands.................           1,680
Atka mackerel--Eastern Aleutian Is. & Bering Sea subarea           1,118
Pacific ocean perch--Western Aleutian Islands...........             419
Pacific ocean perch--Central Aleutian Islands...........             259
Pacific Ocean perch--Eastern Aleutian Islands...........             230
Pacific cod--BSAI.......................................          15,750
      Total.............................................         106,516
------------------------------------------------------------------------

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 recommended 
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 3). As in past years, 100 percent of the pollock 
TAC amounts specified for the Aleutian Islands subarea and the Bogoslof 
District will be apportioned to the roe season, with any TAC remaining 
following the end of roe season made available during non-roe season.
    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 final 1993 specifications for 
BSAI groundfish (58 FR 8703, February 17, 1993). At this time, the 
Council's findings are unchanged from those set forth for 1993, given 
that the relative seasonal allowances are the same.

[[Page 12692]]

Allocation of the Pollock TAC to the Inshore and Offshore 
Components

    Regulations at Sec. 679.20(a)(6)(i) require that pollock ITAC 
amounts 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 1998 TAC specifications are 
consistent with these requirements (Table 3).

   Table 3.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts \1\   
----------------------------------------------------------------------------------------------------------------
                                                Nonspecified                             Roe season    Non-roe  
      Subarea and component            TAC         reserve    CDQ reserve      ITAC         \2\       season \3\
----------------------------------------------------------------------------------------------------------------
Bering Sea.......................    1,110,000         (\4\)       83,250    1,026,750      462,038      564,713
    Inshore......................  ...........  ............  ...........      359,363      161,713      197,649
    Offshore.....................  ...........  ............  ...........      667,388      300,324      367,063
Aleutian Islands.................       23,800         (\4\)        1,785       22,015       22,015        (\5\)
    Inshore......................  ...........  ............  ...........        7,705        7,705        (\5\)
    Offshore.....................  ...........  ............  ...........       14,310       14,310        (\5\)
Bogoslof District................        1,000            75           75          850          850        (\5\)
    Inshore......................  ...........  ............  ...........          298          298        (\5\)
    Offshore.....................  ...........  ............  ...........          553          553       (\5\) 
----------------------------------------------------------------------------------------------------------------
\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\ Released.                                                                                                   
\5\ Remainder.                                                                                                  

Allocation of the Atka Mackerel TAC

    A final rule implementing Amendment 34 to the FMP was published 
December 31, 1997 (62 FR 68228), and became effective January 30, 1998. 
This amendment requires that up to 2 percent of the Eastern Aleutian 
Islands district and the Bering Sea subarea Atka mackerel TAC, after 
subtraction for reserves, be allocated to the jig gear fleet. The 
amount of this allocation is 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. Based on an ITAC of 12,665 mt, the jig 
gear allocation is 127 mt.

Allocation of the Pacific Cod TAC

    Based on information not available at the time of the publication 
of the proposed specifications and the use of a new, more risk adverse 
model for determining stock status, the final Pacific cod TAC 
recommended by the Council is 20 percent, or 60,000 mt lower than the 
amount published in the proposed specifications.
    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)). At its December 1997 
meeting, the Council recommended seasonal allowances for 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 the following factors: (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 4 lists the 1998 allocations and seasonal 
apportionments of the Pacific cod TAC, minus the CDQ reserves. 
Consistent with Sec. 679.20(a)(7)(iv)(C), any portion of the first 
seasonal allowance of the hook-and-line and pot gear allocation that is 
not harvested by the end of the first season will become available on 
September 1, the beginning of the third season.

               Table 4.--1998 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod ITAC              
----------------------------------------------------------------------------------------------------------------
                                                 Share ITAC                 Seasonal apportionment              
               Gear                Percent TAC    \1\ (mt)  ----------------------------------------------------
                                                                        Date              Percent       Amount  
----------------------------------------------------------------------------------------------------------------
Jig..............................            2        3,885  Jan1-Dec 31..............          100        3,885
Hook-&-line/pot gear.............           51       99,068  Jan 1-Apr 30 \2\.........           71       70,735
                                                             May 1-Aug 31.............           15       15,000
                                                             Sep 1-Dec 31.............           13       13,332
Trawl gear.......................           47       91,298  Jan 1-Dec 31.............          100       91,298
    Catcher vessel (50%).........                    45,649                                                     
     Catcher/processor (50%).....                    45,649                                                     
                                  ---------------------------                                                   
      Total......................          100      194,250                                                     
----------------------------------------------------------------------------------------------------------------
\1\ ITAC for Pacific cod is equal to the TAC less the CDQ reserve.                                              
\2\ Any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line  
  or pot gear fishery will be reapportioned to the third seasonal allowance.                                    


[[Page 12693]]

Sablefish Gear Allocation

    Regulations at Sec. 679.20(a)(4) require that 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 and hook-and-
line/pot gear--50 percent; and Aleutian Islands subarea: Trawl gear--25 
percent and 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/pot gear sablefish allocation as sablefish CDQ 
reserve. Gear allocations of the sablefish TAC and CDQ reserve amounts 
are specified in Table 5.

                        Table 5.--1998 Gear Shares and CDQ Reserve of BSAI Sablefish TACS                       
----------------------------------------------------------------------------------------------------------------
                                                               Percent of    Share of   Initial TAC             
                       Subarea & gear                             TAC        TAC (mt)     (mt) \1\   CDQ Reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea:                                                                                                     
    Trawl \2\...............................................           50          650          553           49
    Hook-&-line/pot gear \3\................................           50          650          N/A          130
                                                             ---------------------------------------------------
      Total.................................................  ...........        1,300          553          179
                                                             ===================================================
Aleutian Islands:                                                                                               
    Trawl...................................................           25          345          293           26
    Hook-&-line/pot gear....................................           75        1,035          N/A          207
                                                             ---------------------------------------------------
      Total.................................................  ...........        1,380          293         233 
----------------------------------------------------------------------------------------------------------------
\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 trawl gear, one half of the reserve (7.5    
  percent of the specified TAC) is reserved for the multi-species CDQ program.                                  
\3\ 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. Regulations in Sec.  679.20(b)(1) do not provide for   
  the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.                            

Allocation of Prohibited Species Catch (PSC) Limits for Halibut, Crab 
and Herring

    Under Amendment 39, 7.5 percent of each PSC limit is reserved as a 
PSQ reserve for use by the multi-species CDQ program. NMFS may return 
any unused 1998 PSQ reserve to the non-CDQ fisheries if the Regional 
Administrator determines that it will not be used during the remainder 
of the 1998 fishing year.
    PSC limits for halibut are set in regulations at Sec. 679.21(e). 
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 specified annually 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 
lb (6,577 mt) but less than 55 million lb (24,948 
mt)(Sec. 679.21(e)(1)(i)(B)).
    As specified under Sec. 679.21(e)(3)(ii)(B)(1), vessels using 
nonpelagic trawl gear may engage in directed fishing for groundfish in 
1998 in the red king crab savings subarea (RKCSS) because the Alaska 
Department of Fish and Game established a 1997 guideline harvest level 
for the commercial red king crab fishery in Bristol Bay. Regulations at 
Sec. 679.21(e)(3)(ii)(B)(2) specify that the amount of the red king 
crab bycatch limit specified for the RKCSS, defined at 
Sec. 79.21(e)(3)(ii)(B)(1) will not exceed an amount equivalent to 35 
percent of the red king crab PSC limit for the rock sole/flathead sole/
other flatfish fishery category. Based on the Council's recommendation, 
the 1998 red king crab bycatch allowance for the RKCSS is 24,281 crabs, 
or 35 percent of the red king crab bycatch allowance recommended by the 
Council for the rock sole/flathead sole/other flatfish fishery 
category. The bycatch allowance specified for the rock sole/flathead 
sole/other flatfish fishery category is reduced correspondingly to 
45,094 crabs. When the total number of red king crab taken by trawl 
vessels fishing in the RKCSS reaches the specified bycatch allowance, 
further directed fishing for groundfish in the RKCSS by vessels using 
nonpelagic trawl gear will be prohibited.
    The 1998 C. bairdi PSC limit for trawl gear 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 to be greater than 150 million and less than 270 
million animals (Sec. 679.21(e)(1)(ii)(A)(2)). In Zone 2, C. bairdi 
abundance is estimated to be greater than 175 million and less than 290 
million animals (Sec. 679.21(e)(1)(ii)(B)(2)).
    A final rule implementing Amendment 40 was published December 22, 
1997 (62 FR 66829) and became effective January 21, 1998. This 
amendment establishes a PSC limit for C. opilio based on total 
abundance as indicated by the NMFS standard trawl survey. The C. opilio 
PSC limit is set at 0.1133 percent of the 1997 Bering Sea abundance 
index, with a minimum PSC of 4.5 million crabs and a maximum PSC of 13 
million crabs. Based on the 1997 survey estimate of 4.1 billion crabs, 
the 1998 C. opilio PSC limit for 1998 is 4,654,000 crabs.
    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)(v)). NMFS's best estimate 
of 1998 herring biomass is 171,450 mt. This amount was derived using 
1997 survey data and an age-structured biomass projection model 
developed by the Alaska Department of Fish and Game. Therefore, the 
herring PSC limit for 1998 is 1,714 mt.
    Regulations at Sec. 679.21(e)(3) authorize the apportionment of 
each trawl PSC limit into PSC bycatch allowances for seven specified 
fishery categories. Regulations at Sec. 679.21(e)(4)(ii) authorize the 
apportionment of the

[[Page 12694]]

nontrawl halibut PSC limit among five fishery categories. The fishery 
bycatch allowances for the trawl and nontrawl fisheries are listed in 
Table 6. Because actual C. opilio bycatch rates for trawl fisheries 
within the C. opilio bycatch limitation zone are unknown, 
representatives from the trawl industry and the Council's AP requested 
that the C. opilio PSC limit not be apportioned among fisheries for 
1998. However, Sec. 679.21(e)(3)(ii) requires that the PSC limit be 
apportioned among trawl categories. To accommodate the request of the 
trawl industry for 1998, NMFS apportions each of the five fisheries a 
bycatch allowance of C. opilio that, when added with the amount of C. 
opilio taken in the other four fisheries, equals 4,304,950 crabs. The 
remaining 349,050 crabs are allocated to the multispecies PSQ program. 
New recordkeeping and reporting requirements proposed for 1998 and 
beyond would provide information necessary to monitor and allocate the 
C. opilio PSC limit among fisheries after 1998.
    Regulations at Sec. 679.21(e)(4)(ii) authorize the exemption of 
specified non-trawl fisheries from the halibut PSC limit. As in past 
years, the Council recommended that pot gear, jig gear, and sablefish 
hook-and-line gear fishery categories be exempt from halibut bycatch 
restrictions because these fisheries use selective gear types that 
experience low halibut bycatch mortality. In 1997, total groundfish 
catch for the pot gear fishery in the BSAI was approximately 22,598 mt, 
with an associated halibut bycatch mortality of about 14 mt. The 1997 
groundfish jig gear fishery harvested about 201 mt of groundfish. 
Vessels in the jig gear fleet are less than 60 ft (18.3 m) length 
overall and are exempt from observer coverage requirements. As a 
result, no observer data are available on halibut bycatch in the jig 
gear fishery. Nonetheless, it is probable that the selective nature of 
this gear type and the relatively small amount of groundfish harvested 
with jig gear result 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 and is holding unused halibut IFQ, resulting in 
lowered amounts of halibut discard in the fishery. 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, but NMFS believes that it would not be significantly 
different.
    Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation 
with the Council, to establish seasonal apportionments of prohibited 
species bycatch allowances. At its December 1997 meeting, the Council 
recommended that halibut bycatch allowances be seasonally apportioned 
as shown in Table 6. The recommended seasonal apportionments reflect 
recommendations made to the Council by its AP.
    The Council recommended seasonal apportionments of the halibut 
bycatch allowances specified for the trawl flatfish fisheries to 
provide additional fishing opportunities in the BSAI early in the year 
and to reduce the incentive for trawl vessel operators to move from the 
BSAI to the Gulf of Alaska after the rock sole roe fishery is closed, 
typically by early March. Halibut bycatch allowances to the rockfish 
fisheries were apportioned in a manner that prevents a directed 
rockfish fishery from opening until July 1. This action was taken for 
three reasons: (1) To minimize halibut bycatch during the first half of 
the year; (2) to reduce bycatch of shortraker and rougheye rockfish, 
for which there are overfishing concerns; and (3) to help distribute 
effort between the Gulf of Alaska and the BSAI rockfish fisheries 
through concurrent July 1 openings in both areas.
    The recommended seasonal apportionment of the halibut bycatch 
allowance for the pollock/Atka mackerel/other species category is based 
on the seasonal allowances of the Bering Sea pollock TAC recommended 
for the roe and non-roe seasons. Most of the pollock harvested during 
the roe season will be taken with pelagic trawl gear, which has low 
halibut bycatch rates. Any unused halibut bycatch mortality apportioned 
to the roe season will be available after the roe season.
    The Council recommended three seasonal apportionments of the 
halibut bycatch allowance specified for the Pacific cod hook-and-line 
fishery. This recommendation reflects the seasonal apportionment of 
Pacific cod TAC shown in Table 4. It also serves to limit a hook-and-
line fishery for Pacific cod during summer months when halibut bycatch 
rates are high. The third seasonal allowance of halibut PSC will become 
available September 15, even though the third seasonal allowance of 
Pacific cod becomes available September 1 (Table 4). As in past years, 
the second seasonal allowance of halibut PSC will probably be used 
prior to September 1. If this is the case, directed fishing for the 
third seasonal allowance of Pacific cod by vessels using hook-and-line 
gear will be prohibited until September 15. The intent of the Council's 
recommendation was to limit fishing for Pacific cod by vessels using 
hook-and-line gear during the first half of September when halibut 
bycatch rates are relatively high. As authorized under 
Sec. 679.21(e)(5)(iv), the Council further recommended that any unused 
portion of the first seasonal bycatch allowance specified for the 
Pacific cod hook-and-line fishery be reapportioned to the third 
seasonal allowance to limit hook-and-line Pacific cod fishing prior to 
September 15.

         Table 6.--1998 Prohibited Species Bycatch Allowances for the BSAI Trawl and Nontrawl Fisheries         
----------------------------------------------------------------------------------------------------------------
                                                             Prohibited Species and Zone                        
                                   -----------------------------------------------------------------------------
                                                                Red King                   C. bairdi (animals)  
          Trawl Fisheries             Halibut      Herring        Crab      C. opilio  -------------------------
                                     mortality    (mt) BSAI    (animals)    (animals)                           
                                     (mt) BSAI                   Zone 1     COBLZ \1\      Zone 1       Zone 2  
----------------------------------------------------------------------------------------------------------------
Yellowfin sole....................          930          248        9,250  ...........      255,592      990,675
    Jan. 20-Mar. 31...............          264  ...........  ...........  ...........  ...........  ...........
    Apr. 1-May 10.................          194  ...........  ...........  ...........  ...........  ...........
    May 11-Aug. 14................           93  ...........  ...........  ...........  ...........  ...........
    Aug. 15 -Dec. 31..............          379  ...........  ...........  ...........  ...........  ...........
Rocksole/oth.flat/flat sole \2\...          735           20       45,094  ...........      273,848      330,225
    Jan. 20-Mar. 29...............          449  ...........  ...........  ...........  ...........  ...........

[[Page 12695]]

                                                                                                                
    Mar. 30-June 30...............          120  ...........  ...........  ...........  ...........  ...........
    July 1-Dec. 31................          167  ...........  ...........  ...........  ...........  ...........
Turbot/sablefish/arrowtooth \3\...  ...........  ...........  ...........  ...........  ...........  ...........
Rockfish..........................           69            7  ...........  ...........  ...........        6,475
    Jan. 1-June 30................            0            0  ...........  ...........  ...........  ...........
    July 1-Dec. 31................           69            7  ...........  ...........  ...........  ...........
Pacific cod.......................        1,434           20        6,938  ...........      123,232      180,375
Midwater pollock \4\..............  ...........        1,146  ...........  ...........  ...........  ...........
Pollock/Atka/other \5\............          324          143        6,938  ...........       41,077      434,750
    Jan. 20-Apr. 15...............          278  ...........  ...........  ...........  ...........  ...........
    Apr. 16-Dec 31................           46  ...........  ...........  ...........  ...........  ...........
RKC savings subarea \6\...........  ...........  ...........       24,281  ...........  ...........  ...........
                                   -----------------------------------------------------------------------------
      Total Trawl PSC.............        3,492        1,585       92,500    4,304,950      693,750    1,942,500
        Nontrawl Fisheries                                                                                      
Pacific cod.......................          777  ...........  ...........  ...........  ...........  ...........
    Jan. 1-Apr. 30................          458  ...........  ...........  ...........  ...........  ...........
    May 1-Sep. 14.................           37  ...........  ...........  ...........  ...........  ...........
    Sep. 14-Dec. 31...............          282  ...........  ...........  ...........  ...........  ...........
Other non-trawl...................           56  ...........  ...........  ...........  ...........  ...........
Groundfish pot & jig..............        (\8\)  ...........  ...........  ...........  ...........  ...........
Sablefish hook & line.............        (\8\)                                                                 
                                   --------------                                                               
      Total Nontrawl..............          833  ...........  ...........  ...........  ...........  ...........
      PSQ Reserve \7\.............          351          129        7,500      349,050       56,250      157,500
                                   -----------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
\1\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec.  679.21 (e)(7)(iv)(B).                    
\2\ Rock sole, flathead sole, and other flatfish fishery category.                                              
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.                                      
\4\ Halibut and crab bycatch in the midwater pollock fishery is deducted from the allowances for the pollock/   
  Atka mackerel/other species category. Once bycatch allowances are reached, directed fishing for Pollock with  
  non-pelagic trawl gear is prohibited.                                                                         
\5\ Pollock other than midwater pollock, Atka mackerel, and ``other species'' fishery category.                 
\6\ The red king crab savings subarea is defined at Sec.  679.21(e)(3)(ii)(B) as the portion of the red king    
  crab savings area between 56 deg.00' and 56 deg.10' N. lat. The amount of the red king crab bycatch limit     
  specified for this area under Sec.  679.21(e)(3)(ii)(B)(2) is not designated by fishery and, when reached,    
  will result in closure of the subarea to directed fishing for groundfish with nonpelagic gear (Sec.           
  679.21(e)(7)(ii)(B)).                                                                                         
\7\ 7.5 percent of each PSC limit is allocated to the multi-species CDQ program as PSQ reserve. The PSQ reserve 
  is not allocated by fishery, gear, or season.                                                                 
\8\ Exempt.                                                                                                     

    To monitor halibut bycatch mortality allowances and apportionments, 
the 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 a 
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 recommended that the assumed halibut mortality rates 
developed by staff of the International Pacific Halibut Commission for 
the 1997 BSAI groundfish fisheries be adopted for purposes of 
monitoring halibut bycatch allowances established for 1998. These rates 
generally are based on an average of mortality rates determined from 
NMFS observer data collected during the past 2 years. Assumed Pacific 
halibut mortality rates for BSAI fisheries for 1998 are listed in Table 
7.

Table 7.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
                               During 1998                              
------------------------------------------------------------------------
                                                                Assumed 
                           Fishery                             mortality
                                                               (percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:                                           
  Rockfish...................................................         22
  Pacific cod................................................         12
  Greenland turbot...........................................         12
  Sablefish..................................................         18
  Other Species..............................................         12
Trawl gear fisheries:                                                   
  Midwater pollock...........................................         81
  Nonpelagic pollock.........................................         76

[[Page 12696]]

                                                                        
  Yellowfin sole.............................................         77
  Rock sole..................................................         74
  Flathead sole..............................................         64
  Other flatfish.............................................         68
  Rockfish...................................................         70
  Pacific cod................................................         71
  Atka mackerel..............................................         83
  Greenland turbot...........................................         73
  Sablefish..................................................         23
  Other species..............................................         71
Pot gear fisheries:                                                     
  Pacific cod................................................          9
  Other species..............................................          9
------------------------------------------------------------------------

Response to Comments

    Comment 1. The draft EA prepared for the 1998 specifications is an 
inadequate basis for a Finding of No Significant Impact. The 
environmental impact statement (EIS) prepared for the BSAI groundfish 
fishery was drafted 16 years ago. Since that time, the conduct of the 
fisheries has changed; new information regarding the affected 
groundfish species exists; and substantial and unanalyzed questions 
exist regarding the impact of the groundfish fisheries on the BSAI 
ecosystem. NMFS should prepare a supplement to the EIS which fully 
evaluates the potential impacts of the groundfish TACs on the BSAI 
ecosystem.
    Response. NMFS acknowledges that the final EIS prepared for the 
BSAI groundfish fishery is 16 years old. A supplement to the EIS is 
being prepared, and a public review draft is scheduled for release in 
April 1998. However, NMFS believes the final EA prepared for the 1998 
BSAI groundfish specifications, as well as the documents incorporated 
by reference into the EA, adequately support a Finding of No 
Significant Impact.
    Comment 2. The draft EA does not adequately assess the impact of 
proposed 1998 fishing levels on endangered Steller sea lions or on the 
unlisted species also suffering population declines. The draft EA also 
neglects to address dramatic increases in catches of pollock and Atka 
mackerel in areas designated as critical foraging habitat for Steller 
sea lions, the increasing effort directed on spawning pollock in the 
winter months, and the geographic and temporal concentration of fishing 
in the areas of the BSAI where the greatest declines of sea lion, other 
marine mammals, and seabirds have occurred. The EA fails to consider a 
viable range of alternatives, such as reducing TACs for ecosystem based 
reasons and time/area restrictions for fisheries
    Response. The issues of concern identified in Comment 2 are 
addressed in the final EA, as well as in the documents incorporated by 
reference into the final EA. Efforts to identify relationships between 
the Alaska groundfish fisheries and Steller sea lions are ongoing, but 
any potential linkages remain unclear. Overlaps between Steller sea 
lion prey and harvested species have been identified, particularly with 
reference to pollock and Atka mackerel stocks. However, participants in 
the Alaskan groundfish fisheries are not expected to alter their 
fishing practices significantly either spatially or temporally as a 
result of the 1998 groundfish specifications, nor to operate in any 
manner that would predictably pose impacts to Steller sea lions.
    Comment 3. NMFS needs to more fully incorporate ecosystem level 
concerns into the TAC setting process. Harvest levels are based on 
single-species models that fail to adequately consider interspecies 
linkages and the impact of fish removal on other ecosystem components. 
The EA does not discuss or analyze the changing community structure of 
the groundfish complex resulting from disproportionate fishing pressure 
on a small set of commercially targeted species.
    Response. NMFS acknowledges the importance of ecosystem based 
management for groundfish stocks. The Council's Ecosystem Committee, 
established in 1996, met during the December Council meeting to review 
the status of groundfish stocks and make recommendations to the 
Council. Based on ecosystem concerns, the Council has taken a 
precautionary approach to setting groundfish TACs. The final EA, as 
well as content incorporated by reference into the final EA (especially 
the Ecosystem Committee's chapter of the 1998 SAFE report), extensively 
examine ecosystem level impacts of the groundfish fisheries.
    Comment 4. The recommended BSAI pollock ABC and TAC are too high 
and should be lowered by at least 30 percent. The SAFE document upon 
which the recommendation was based failed to adequately consider the 
potential impact of the Russian fishery on Bering Sea pollock stocks, 
uncertainties associated with the current pollock assessment and its 
dependance on a continued strong 1996 year class, and the spatial and 
temporal compression of the pollock harvest.
    Response. NMFS believes that the recommended pollock ABC is both 
conservative and scientifically sound. The spawning stock remains at 
levels above or near the long-term expected target; the 1996 year class 
appears to be above average; the pollock population is estimated to 
remain above the level that would produce maximum sustainable yield; 
and the recommended ABC is based upon both a conservative projection of 
future year-class strength and a conservative choice of fishing 
mortality rate.
    Comment 5. Atka mackerel harvest guidelines fail to account for 
potential localized depletions of Atka mackerel. The fishery is overly 
concentrated both temporally and spatially, and measures need to be 
taken to spread effort out over larger areas. The Atka mackerel 
assessment failed to address concentration of harvest near Steller sea 
lion haulouts and rookeries and its impact upon the endangered Steller 
sea lion.
    Response. The EA and the documents incorporated into it by 
reference examined the potential impacts of localized depletion of the 
Atka mackerel resource. Because Atka mackerel tend to concentrate in 
large, easily targeted schools, it appears likely that such depletions 
do occur. It also appears that Atka mackerel are an important component 
of the Steller sea lion diet. However, the evidence indicates that 
these depletions are of short duration and that schools rapidly reform. 
Given this evidence, NMFS believes that the 1998 Atka mackerel fishery, 
as currently prosecuted, will not jeopardize the continued existence of 
Steller sea lions. NMFS will continue to study the interactions between 
the Atka mackerel fishery and Steller sea lions and, if necessary, 
develop management measures to minimize any impacts.

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under E.O. 12866.
    This action adopts final 1998 harvest specifications for the BSAI 
and revises associated management measures. Generally, this action does 
not significantly revise management measures in a manner that would 
require time to plan or prepare for those revisions. In some cases, the 
interim specifications in effect would be insufficient to allow 
directed fisheries to operate during a 30-day delayed effectiveness 
period, which would result in unnecessary closures and disruption 
within the fishing industry.

[[Page 12697]]

In many of these cases, the final specifications will allow the 
fisheries to continue, thus relieving a restriction. Provisions of a 
rule relieving a restriction under 5 U.S.C. 553(d)(1) are not subject 
to a delay in the effective date. The immediate effectiveness of this 
action is required to provide consistent management and conservation of 
fishery resources and to give the fishing industry the earliest 
possible opportunity to plan its fishing operations. Accordingly, the 
Assistant Administrator for Fisheries, NOAA (AA) finds there is good 
cause to waive the 30-day delayed effectiveness period under 5 U.S.C. 
553(d)(3) with respect to such provisions and to the apportionment 
discussed above.
    The apportionment of a portion of the unspecified reserve is 
necessary to provide increased ITAC to minimize the effect of a 
reduction in Pacific cod TAC on hook-and-line vessels, to provide for 
more efficient operation of intensive fast-paced fisheries for Atka 
mackerel and Pacific ocean perch, and to allow for the orderly conduct 
of pollock fisheries. Therefore, a delay for prior notice and public 
procedure is contrary to the public interest. Accordingly, the AA finds 
there is good cause to waive the requirement for prior notice under 5 
U.S.C. 553(b)(3). In accordance with 50 CFR 679(b)(3), comments on the 
apportionment of reserves are invited by March 31, 1998.
    Pursuant to section 7 of the Endangered Species Act, NMFS and the 
Fish and Wildlife Service have determined that the groundfish fishery 
operating under the 1998 BSAI TAC specifications is not likely to 
jeopardize the continued existence or recovery of species listed as 
endangered or threatened and is not likely to destroy or adversely 
modify critical habitat.
    NMFS prepared an EA on the 1998 TAC specifications. The total 
harvest levels examined in the EA do not exceed the OY. The models used 
to derive catch levels are both conservative and based on the best 
scientific information available. The AA concluded that no significant 
impact on the human environment will result from implementation of the 
1998 specifications. A copy of the EA is available (see ADDRESSES).
    At the proposed rule stage, the Assistant General Counsel for 
Legislation and Regulation of the Department of Commerce certified to 
the Chief Counsel for the Advocacy of the Small Business Administration 
that the proposed specifications would not have a significant economic 
impact on a substantial number of small entities. However, comments 
received by the Council at its December 1997 meeting, as well as 
changes in TAC amounts between the proposed and final specifications, 
led NMFS to conclude that the final specifications may have a 
significant impact on small entities, and a FRFA has been prepared. The 
analysis examines the economic effects of changes between the 1997 and 
1998 specifications and concludes that, in most cases, TAC amounts are 
not significantly different between 1997 and 1998 and that the overall 
impact to the groundfish fishery will be minimal. However, the 22-
percent reduction in Pacific cod TAC may cause significant economic 
impacts to the 100 vessel hook-and-line fleet (a mix of small and large 
entities) that participates in the Pacific cod fishery.
    In taking this action, the Council attempted to minimize this 
impact by setting Pacific cod TAC equal to ABC, increasing the 
percentage of Pacific cod allocated to the third seasonal allowance, 
releasing the nonspecific reserves, and increasing Greenland turbot 
TAC. A copy of the FRFA is available from NMFS (see ADDRESSES).

    Authority: 16 U.S.C. 773 et seq. 16 U.S.C. 1801 et seq., and 
3631 et seq.

    Dated: March 10, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-6620 Filed 3-11-98; 11:39 am]
BILLING CODE 3510-22-P