[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Rules and Regulations]
[Pages 65129-65132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31520]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 111698D]


Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate 
Standards for the First Half of 1999

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 the Pacific halibut and red king crab bycatch 
rate standards for the first half of 1999.

[[Page 65130]]

Publication of these bycatch rate standards is necessary under 
regulations implementing the vessel incentive program. This action is 
necessary to implement the bycatch rate standards for trawl 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.), January 20, 
1999, through 2400 hours, A.l.t., June 30, 1999. Comments on this 
action must be received at the following address no later than 4:30 
p.m., A.l.t., December 24, 1998.

ADDRESSES: Comments should be mailed to Sue 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: Sue Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish 
fisheries in the exclusive economic zone of the Bering Sea and Aleutian 
Islands management area (BSAI) and Gulf of Alaska (GOA) according to 
the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area and the Fishery Management Plan for 
Groundfish of the Gulf of Alaska (FMPs). The North Pacific Fishery 
Management Council (Council) prepared the FMPs under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). Regulations implementing these FMPs and governing the 
U.S. groundfish fisheries appear 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 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 publication of halibut and 
red king crab bycatch rate standards for each fishery included under 
the incentive program. The standards are in effect for specified 
seasons within the 6-month periods of January 1 through June 30, and 
July 1 through December 31. Because the Alaskan groundfish fisheries 
are closed to trawling from January 1 to January 20 of each year 
(Sec. 679.23(c)), the Administrator, Alaska Region, NMFS (Regional 
Administrator) is promulgating bycatch rate standards for the first 
half of 1999 effective from January 20, 1999, through June 30, 1999.
    As required by Sec. 679.21(f)(4), bycatch rate standards are based 
on the following information:
    (A) Previous years' average observed bycatch rates;
    (B) Immediately preceding season's average observed bycatch rates;
    (C) The bycatch allowances and associated fishery closures 
specified under Sec. 679.20;
    (D) Anticipated groundfish harvests;
    (E) Anticipated seasonal distribution of fishing effort for 
groundfish; and
    (F) Other information and criteria deemed relevant by the Regional 
Administrator.
    At its October 1998 meeting, the Council reviewed halibut and red 
king crab bycatch rates experienced by vessels participating in the 
fisheries under the incentive program during 1994-1998. Based on this 
and other information presented below, the Council recommended halibut 
and red king crab bycatch rate standards for the first half of 1999. 
These standards are unchanged from those specified for the past 5 
years. Table 1 lists the Council's recommended bycatch rate standards.

 Table 1.--Bycatch Rate Standards, by Fishery and Quarter, for the First
  Half of 1999 for Purposes of the Vessel Incentive Program in the BSAI
                                 and GOA
------------------------------------------------------------------------
                                                           1999 bycatch
                   Fishery and quarter                     rate standard
------------------------------------------------------------------------
Halibut bycatch rate standards (kilogram (kg) of halibut/metric ton (mt)
                           of groundfish catch
------------------------------------------------------------------------
BSAI Midwater pollock:
    Qt 1................................................             1.0
    Qt 2................................................             1.0
BSAI Bottom pollock:
    Qt 1................................................             7.5
    Qt 2................................................             5.0
BSAI Yellowfin sole:
    Qt 1................................................             5.0
    Qt 2................................................             5.0
  BSAI Other trawl:
    Qt 1................................................            30.0
    Qt 2................................................            30.0
GOA Midwater pollock:
    Qt 1................................................             1.0
    Qt 2................................................             1.0
GOA Other trawl:
    Qt 1................................................            40.0
    Qt 2................................................            40.0
------------------------------------------------------------------------
    Zone 1 red king crab bycatch rate standards (number of crab/mt of
                           groundfish catch)
------------------------------------------------------------------------
BSAI yellowfin sole:
    Qt 1................................................             2.5
    Qt 2................................................             2.5
BSAI Other trawl:
    Qt 1................................................             2.5

[[Page 65131]]

 
    Qt 2................................................             2.5
------------------------------------------------------------------------

Bycatch Rate Standards for Pacific Halibut

    The BSAI pollock roe season begins January 20 and ends April 15. In 
1998, NMFS closed the inshore and offshore component fisheries for 
pollock 5 to 8 weeks prior to April 15, depending on the processing 
component and area. Directed fishing for pollock by the inshore and 
offshore component fisheries did not reopen until September 1, the 
start of the pollock non-roe season. Directed fishing for pollock by 
vessels participating in the community development quota program could 
continue after the end of roe season. However, the community 
development quota pollock fishery did not resume until just prior to 
September 1. As in past years, the directed fishing allowances 
specified for the 1999 pollock roe season likely will be reached before 
the end of the roe season on April 15.
    As in past years, the halibut bycatch rate standard recommended for 
the BSAI and GOA midwater pollock fisheries (1 kg halibut/mt of 
groundfish) is higher than the bycatch rates normally experienced by 
vessels participating in these fisheries. The recommended 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.
    The recommended halibut bycatch rate standards for the first 
calendar quarter BSAI bottom pollock fishery approximate the average 
rates observed on trawl vessels participating in this fishery during 
1998 (7.87 kg halibut/mt groundfish). Though these rates are slightly 
higher than the average bycatch rate observed during 1994-1997, the 
recommended halibut bycatch rate standard remains at 7.5 kg halibut/mt 
groundfish to discourage unacceptably high halibut bycatch rates. The 
bycatch rate standard for the second quarter remains at 5 kg halibut/mt 
groundfish even though little fishing for pollock is anticipated during 
this period.
    At its June 1998 meeting, the Council adopted a management measure 
that would prohibit the use of non-pelagic trawl gear in the BSAI 
pollock fishery. NMFS currently is preparing a proposed rule, that if 
approved, would implement the Council's intent and further reduce 
halibut bycatch mortality and bycatch rates in the pollock fishery. At 
this time, NMFS does not anticipate that the proposed prohibition on 
the use of non-pelagic trawl gear in the pollock fishery would be 
effective prior to the 1999 pollock non-roe season on September 1.
    Other factors that could affect the spatial and temporal 
distribution of the directed pollock fishery include the 1999 
allocations of pollock among the inshore and offshore fleets under the 
American Fisheries Act and conservation measures that may be necessary 
under the Endangered Species Act to mitigate potential fishery impacts 
on Steller sea lions. At this time, the effect of these changes on 
halibut bycatch rates in the pollock fishery are unknown.
    Data available on halibut bycatch rates in the yellowfin sole 
fishery during the first and second quarters of 1998 showed average 
bycatch rates of 9.65 and 6.57 kg halibut/mt of groundfish, 
respectively. These rates are slightly higher than in past years, but 
the Council has presumed that a bycatch rate standard of 5.0 kg 
halibut/mt of groundfish for the yellowfin sole fishery will continue 
to encourage vessel operators to take action to avoid excessively high 
bycatch rates of halibut.
    For the ``other trawl'' fisheries, the Council recommended a 30 kg 
halibut/mt of groundfish bycatch rate standard for the BSAI and a 40 kg 
halibut/mt of groundfish bycatch rate standard for the GOA. Observer 
data collected from the 1998 BSAI ``other trawl'' fishery show first 
and second quarter halibut bycatch rates of 12.07 and 13.78 kg halibut/
mt of groundfish, respectively. Observer data collected from the 1998 
GOA ``other trawl'' fishery show first and second quarter halibut 
bycatch rates of 26.23 and 57.15 kg halibut/mt of groundfish, 
respectively.
    With the exception of the GOA second quarter ``other trawl'' 
fishery, the average bycatch rates experienced by vessels participating 
in the GOA and BSAI ``other trawl'' fisheries have been lower than the 
Council's recommended bycatch rate standards for these fisheries. The 
Council determined that its recommended halibut bycatch rate standards 
for the ``other trawl'' fisheries, including the second quarter GOA 
fishery, would continue to provide an incentive to vessel operators to 
avoid unusually high halibut bycatch rates while participating in these 
fisheries and contribute towards an overall reduction in halibut 
bycatch rates experienced in the Alaska trawl fisheries. Furthermore, 
these standards would provide some leniency to those vessel operators 
that choose to use large mesh trawl gear as a means to reduce 
groundfish discard amounts. The bycatch rates of halibut and crab could 
increase for those vessels using large mesh sizes, but the Council 
recommended maintaining the current bycatch rate standards for the 
``other trawl'' fisheries until data becomes available that would 
provide a basis for bycatch rate standards for vessels using large mesh 
trawl gear.

Bycatch Rate Standards for Red King Crab

    For the BSAI yellowfin sole and ``other trawl'' fisheries in Zone 1 
of the Bering Sea subarea, the Council's recommended red king crab 
bycatch rate standard is 2.5 crab/mt of groundfish. This standard is 
unchanged since 1992. The red king crab bycatch rates experienced by 
the yellowfin sole fishery in Zone 1 during the first and second 
quarters of 1998 averaged 0.01 and 0.03 crab/mt of groundfish, 
respectively. The average bycatch rates of red king crab experienced in 
the ``other trawl'' fishery during the first and second quarter of 1998 
were 0.12 and 0.01 crab/mt groundfish, respectively. The low 1998 red 
king crab bycatch rates primarily were due to trawl closures in Zone 1 
that were implemented to reduce red king crab bycatch.
    During 1998 through October, the total bycatch of red king crab by 
trawl vessels fishing in Zone 1 is estimated at 37,000 crab, 
considerably less than the 100,000 red king crab bycatch limit 
established for the trawl fisheries in Zone 1. NMFS anticipates that 
the 1999 red king crab bycatch in Zone 1 will increase relative to 1998 
because the bycatch limit will double to 200,000 crab under criteria 
set out at

[[Page 65132]]

Sec. 679.21(e)(1)(i). The increased bycatch limit as well as the 
increased abundance of crab upon which the bycatch limit is based could 
result in increased red king crab bycatch rates, but the magnitude of 
any such increase is unknown at this time.
    In spite of anticipated 1999 red king crab bycatch rates being 
significantly lower than 2.5 red king crab/mt of groundfish, the 
Council recommended the red king crab bycatch rate standards be 
maintained at this level to avoid unusually high crab bycatch rates 
while providing some leniency to those vessel operators that choose to 
use large mesh trawl gear as a means to reduce groundfish discard 
amounts.
    The Regional Administrator has determined that Council 
recommendations for bycatch rate standards are appropriately based on 
the information and considerations necessary for such determinations 
under Sec. 679.21(f). Therefore, the Regional Administrator concurs in 
the Council's determinations and recommendations for halibut and red 
king crab bycatch rate standards for the first half of 1999 as set 
forth in Table 1. The Regional Administrator may revise the bycatch 
rate standards when appropriate based on consideration of the 
information set forth at Sec. 679.21(f)(4).
    As required in regulations at Secs. 679.2 and 679.21(f)(5), the 
1999 fishing months are specified as the following periods for purposes 
of calculating vessel bycatch rates under the incentive program:

Month 1: January 1 through January 30;
Month 2: January 31 through February 27;
Month 3: February 28 through April 3;
Month 4: April 4 through May 1;
Month 5: May 2 through May 29;
Month 6: May 30 through July 3;
Month 7: July 4 through July 31;
Month 8: August 1 through August 28;
Month 9: August 29 through October 2;
Month 10: October 3 through October 30;
Month 11: October 31 through November 27; and
Month 12: November 28 through December 31.

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: November 19, 1998.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-31520 Filed 11-24-98; 8:45 am]
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