[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Rules and Regulations]
[Pages 30412-30414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14869]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 052098B]


Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate 
Standards for the Second Half of 1998

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

ACTION: Pacific halibut and red king crab bycatch rate standards; 
request for comments.

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SUMMARY: NMFS announces Pacific halibut and red king crab bycatch rate 
standards for the second half of 1998. Publication of these bycatch 
rate standards is required under regulations

[[Page 30413]]

implementing the vessel incentive program. This action is necessary to 
implement the bycatch rate standards for vessel operators who 
participate in the Alaska groundfish trawl fisheries. The intent of 
this action is to reduce prohibited species bycatch rates and promote 
conservation of groundfish and other fishery resources.

DATES: Effective 1201 hours, Alaska local time (A.l.t.), July 1, 1998, 
through 2400 hours, A.l.t., December 31, 1998. Comments on this action 
must be received at the following address no later than 4:30 p.m., 
A.l.t., June 30, 1998.

ADDRESSES: Comments should be mailed to Susan J. Salveson, Assistant 
Regional Administrator, Sustainable Fisheries Division, NMFS, P.O. Box 
21668, Juneau, AK 99802-1668, Attn: Lori Gravel; or be delivered to 709 
West 9th Street, Federal Building, Room 401, Juneau, AK.

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) and Gulf of Alaska (GOA) are managed by NMFS 
according to the Fishery Management Plan for the Groundfish Fishery of 
the Bering Sea and Aleutians Islands Area and the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (FMPs). The FMPs were 
prepared by the North Pacific Fishery Management Council (Council) 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act and are implemented by regulations governing the U.S. 
groundfish fisheries at 50 CFR part 679.
    Regulations at Sec. 679.21(f) implement a vessel incentive program 
to reduce halibut and red king crab bycatch rates in the groundfish 
trawl fisheries. Under the incentive program, operators of trawl 
vessels may not exceed Pacific halibut bycatch rate standards specified 
for the BSAI and GOA midwater pollock and ``other trawl'' fisheries and 
for the BSAI yellowfin sole and ``bottom pollock'' fisheries. Vessel 
operators also may not exceed red king crab bycatch standards specified 
for the BSAI yellowfin sole and ``other trawl'' fisheries in Bycatch 
Limitation Zone 1 (defined in Sec. 679.2). The fisheries included under 
the incentive program are defined in regulations at Sec. 679.21(f)(2).
    Regulations at Sec. 679.21(f)(3) require that halibut and red king 
crab bycatch rate standards for each fishery included under the 
incentive program be published in the Federal Register. The standards 
are in effect for specified seasons within the 6-month periods of 
January 1 through June 30 and of July 1 through December 31. For 
purposes of calculating vessel bycatch rates under the incentive 
program, 1998 fishing months were specified in the Federal Register on 
December 3, 1997 (62 FR 63878).
    Halibut and red king crab bycatch rate standards for the first half 
of 1998 also were published in the Federal Register (62 FR 63878, 
December 3, 1997). As required by Sec. 679.21(f)(3) and (4), the 
Administrator of the Alaska Region, NMFS (Regional Administrator), has 
established the bycatch rate standards for the second half of 1998 
(July 1 through December 31). These standards were endorsed by the 
Council at its April 1998 meeting and are set out in Table 1. The 
bycatch rate standards are based on the following information:
    1. Previous years' average observed bycatch rates;
    2. Immediately preceding season's average observed bycatch rates;
    3. The bycatch allowances and associated fishery closures specified 
under Sec. 679.21(d) and (e);
    4. Anticipated groundfish harvests;
    5. Anticipated seasonal distribution of fishing effort for 
groundfish; and
    6. Other information and criteria deemed relevant by the Regional 
Administrator.

 Table 1.--Bycatch Rate Standards by Fishery for the Second Half of 1998
    for Purposes of the Vessel Incentive Program in the BSAI and GOA    
------------------------------------------------------------------------
                                                           Bycatch rate 
                         Fishery                             standard   
------------------------------------------------------------------------
 Halibut bycatch rate standards (kilograms of halibut per metric ton of 
                           groundfish catch)                            
------------------------------------------------------------------------
BSAI Midwater pollock...................................             1.0
BSAI Bottom pollock.....................................             5.0
BSAI Yellowfin sole.....................................             5.0
BSAI Other trawl........................................            30.0
GOA Midwater pollock....................................             1.0
GOA Other trawl.........................................            40.0
------------------------------------------------------------------------
 Zone 1 red king crab bycatch rate standards (number of crab per metric 
                        ton of groundfish catch)                        
------------------------------------------------------------------------
BSAI yellowfin sole.....................................             2.5
BSAI Other trawl........................................             2.5
------------------------------------------------------------------------

Bycatch Rate Standards for Pacific Halibut

    The halibut bycatch rate standards for the 1998 trawl fisheries are 
unchanged from those implemented in 1997. The Regional Administrator 
based standards for the second half of 1998 on anticipated seasonal 
fishing effort for groundfish species and on 1994-1998 halibut bycatch 
rates observed in the trawl fisheries included under the incentive 
program. In determining these bycatch rate standards, the Regional 
Administrator considered the annual and seasonal bycatch specifications 
for the BSAI and GOA trawl fisheries (63 FR 12689, March 16, 1998, and 
63 FR 12027, March 12, 1998, respectively). He further recognized that 
directed fishing for Pacific cod in the Western and Central Regulatory 
Areas of the GOA is closed for the remainder of the year. The GOA 
shallow-water and deep-water trawl fishery species complexes will 
reopen on July 1 when the third seasonal apportionment of the halibut 
bycatch limit established for the GOA trawl fisheries becomes 
available. In the Bering Sea, the rockfish and rock sole/flathead sole/
other flatfish fishery categories will open or reopen on July 1 when 
seasonal apportionments of halibut bycatch allowances specified for 
these fisheries become available. The BSAI yellowfin sole and Pacific 
cod trawl fisheries are ongoing, and no

[[Page 30414]]

closure has yet been projected due to crab or halibut bycatch. The 
Regional Administrator also considered the September 1 opening date of 
the 1998 Bering Sea pollock `B' season (Sec. 679.23(e)(2)) and the Gulf 
of Alaska third season pollock fishery (Sec. 679.23(d)(2)).
    The halibut bycatch rate standards for the BSAI yellowfin sole and 
``bottom pollock'' trawl fisheries are each set at 5 kilograms (kg) of 
halibut per metric ton (mt) of groundfish. These standards approximate 
the average annual rates observed on trawl vessels participating in 
these fisheries since 1992.
    The halibut bycatch rate standard for the BSAI and GOA midwater 
pollock fisheries (1 kg of halibut/mt of groundfish) is higher than the 
bycatch rates normally experienced by vessels participating in these 
fisheries. This standard is intended to encourage vessel operators to 
maintain off-bottom trawl operations and limit further bycatch of 
halibut in the pollock fishery when halibut bycatch restrictions at 
Sec. 679.21 prohibit directed fishing for pollock by vessels using non-
pelagic trawl gear.
    A bycatch rate standard of 30 kg halibut/mt of groundfish is 
established for the BSAI ``other trawl'' fishery. This standard has 
remained unchanged since 1992. A bycatch rate standard of 40 kg of 
halibut/mt of groundfish is established for the GOA ``other trawl'' 
fishery, which is unchanged since 1994. The considerations that support 
these bycatch rate standards for the ``other trawl'' fisheries are 
unchanged from previous years and are discussed in the Federal Register 
publications of 1995 bycatch rate standards (60 FR 2905, January 12, 
1995, and 60 FR 27425, May 24, 1995).
    Observer data collected from the 1997 GOA ``other trawl'' fishery 
show average third and fourth quarter halibut bycatch rates of 26 and 
48 kg of halibut/mt of groundfish, respectively. The first quarter rate 
from 1998 was lower, at 23 kg of halibut/mt of groundfish. Observer 
data from the 1997 BSAI ``other trawl'' fishery show third and fourth 
quarter halibut bycatch rates of 21 and 3 kg of halibut/mt of 
groundfish, respectively. The first quarter rate from the 1998 BSAI 
``other trawl'' fishery was 12 kg of halibut/mt of groundfish.

Bycatch Rate Standards for Red King Crab

    The red king crab bycatch rate standard for the yellowfin sole and 
``other trawl'' fisheries in Zone 1 of the Bering Sea subarea is 2.5 
crab/mt of groundfish during the second half of 1998. This standard has 
remained unchanged since 1992.
    Through May 2, 1998, the rock sole/flathead sole/other flatfish 
fishery category had taken 20 percent of its annual red king crab 
bycatch allowance. The Pacific cod and yellowfin sole fisheries have 
taken only 41 percent and 4 percent, respectively, of their bycatch 
allowances. The Regional Administrator anticipates that the non-pelagic 
trawl gear closure of the red king crab savings area in Zone 1 will 
continue to result in low red king crab bycatch rates for the remainder 
of the year and is maintaining the 2.5 red king crab/mt of groundfish 
bycatch rate standard.
    The Regional Administrator has determined that the bycatch rate 
standards set out in Table 1 are appropriately based on the information 
and considerations necessary for such determinations under 
Sec. 679.21(f)(4). These bycatch rate standards may be revised and 
published in the Federal Register when deemed appropriate by the 
Regional Administrator, pending his consideration of the information 
set forth at Sec. 679.21(f)(4).

Classification

    This action is taken under 50 CFR 679.21(f) and is exempt from OMB 
review under E.O. 12866.

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

    Dated: June 1, 1998.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-14869 Filed 6-1-98; 3:38 pm]
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