[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Proposed Rules]
[Pages 71876-71883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34544]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981222314-8314-01; I.D. 121098B]


Groundfish Fishery of the Gulf of Alaska; Fisheries of the 
Exclusive Economic Zone; Gulf of Alaska; Proposed 1999 Harvest 
Specifications for Groundfish

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

ACTION: Proposed 1999 specifications for groundfish and associated 
management measures; request for comments.

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SUMMARY: NMFS proposes 1999 harvest specifications, reserves, and

[[Page 71877]]

apportionments, for groundfish; 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 during the 1999 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 25, 1999.

ADDRESSES: Comments must be sent to Sue Salveson, 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 1999 Stock Assessment and Fishery Evaluation (SAFE) 
Report, dated September 1998, 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: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Federal regulations at 50 CFR part 679 that implement the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP) govern the 
groundfish fisheries in the GOA. The North Pacific Fishery Management 
Council (Council) prepared the FMP, which was then 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 for 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)). 
Regulations under Sec. 679.20(c)(1) further require NMFS to publish 
annually, and solicit public comment on, proposed annual TACs, halibut 
PSC amounts, seasonal allowances of pollock, and inshore/offshore 
Pacific cod. The proposed specifications set forth in Tables 1 to 6 of 
this document satisfy these requirements. For 1999, the sum of the 
proposed TAC amounts is 327,046 mt. Under 679.20(c)(3), NMFS will 
publish the final specifications for 1999 after considering: (1) 
comments received within the comment period (see DATES), and (2) 
consultations with the Council at its December 1998 meeting.
    Regulations at Sec. 679.20(c)(2)(i) provide that 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 will become effective 0001 hours, Alaska local time (A.l.t.) 
January 1, on an interim basis and remain in effect until superseded by 
the final harvest specifications, which will be published in the 
Federal Register.
    Prior to January 1, 1999, NMFS will publish, in the Federal 
Register, the interim TAC specifications and apportionments thereof for 
the 1999 fishing year. These interim specifications are scheduled to 
become effective 0001 hours, A.l.t. January 1, 1999, and remain in 
effect until superseded by the final 1999 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, including projected 
biomass trends, information on assumed distribution of stock biomass, 
and revised technical methods used to calculate stock biomass. 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 GOA at their meetings in October 
1998. This information was compiled by the Council's GOA Plan Team and 
is presented in the preliminary 1999 SAFE report for the GOA groundfish 
fisheries, dated September 1998. 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 1999 SAFE report will be updated to 
include new information collected during 1998. Revised stock 
assessments will be included in the final 1999 SAFE report.
    Until updated information becomes available at its December 1998 
meeting, the Council has recommended that the 1998 overfishing levels 
and ABC amounts be rolled over (Table 1).

Specification and Apportionment of TAC Amounts and Reserves

    The Council adopted the AP's proposals for the 1999 GOA TAC 
amounts. The proposed 1999 TAC amounts equal the 1998 TAC amounts for 
each species. 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 to 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 1999. NMFS 
proposes apportionment of all the reserves to the respective target 
species categories except 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 target species in the GOA have 
resulted in overharvests of Pacific cod in some areas. Therefore, NMFS 
proposes initially to reserve 20 percent of the Pacific cod TACs in the 
GOA as a management buffer to prevent exceeding the Pacific cod TAC.
    Table 1 lists the proposed 1999 ABC, TAC, initial TAC amounts (for 
Pacific cod only), overfishing levels, and initial apportionments of 
groundfish in the GOA. The apportionment of TAC amounts among fisheries 
is discussed in the following tables. These 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 1998 meeting.

[[Page 71878]]



Table 1.--Proposed 1999 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
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
             Species                  Area\1\           ABC             TAC         Initial TAC     Overfishing
----------------------------------------------------------------------------------------------------------------
Pollock\2\
    Shumagin.....................  (610)                  29,790          29,790  ..............  ..............
    Chirikof.....................  (620)                  50,045          50,045  ..............  ..............
    Kodiak.......................  (630)                  39,315          39,315  ..............  ..............
        Subtotal.................  W/C                   119,150         119,150  ..............         170,500
    .............................  E                      10,850           5,580  ..............          15,600
                                                 ---------------------------------------------------------------
            Total................  .............         130,000         124,730  ..............         186,100
Pacific cod\3\...................  W                      27,260          23,170          18,536  ..............
                                   C                      49,080          41,720          33,376  ..............
                                   E                       1,560           1,170             936  ..............
                                                 ---------------------------------------------------------------
            Total................  .............          77,900          66,060          52,848         141,000
Flatfish\4\ (deep-water).........  W                         340             340  ..............  ..............
                                   C                       3,690           3,690  ..............  ..............
                                   E                       3,140           3,140  ..............  ..............
                                                 ---------------------------------------------------------------
            Total................  .............           7,170           7,170  ..............           9,440
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\5\ (shallow-water)......  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                       1,840           1,840  ..............  ..............
                                   C                       6,320           6,320  ..............  ..............
                                   E                       5,960             298    (Trawl only)  ..............
                                   WYK            ..............           2,175      (H&L only)  ..............
                                   SEO            ..............           3,487      (H&L only)  ..............
                                                 ---------------------------------------------------------------
            Total................  .............          14,120          14,120  ..............          23,450
Pacific\7\ ocean perch...........  W                       1,810           1,810  ..............           2,550
                                   C                       6,600           6,600  ..............           9,320
                                   E                       4,410           2,366  ..............           6,220
                                                 ---------------------------------------------------------------
            Total................  .............          12,820          10,776  ..............          18,090
Short raker/rougheye\8\..........  W                         160             160  ..............  ..............
                                   C                         970             970  ..............  ..............
                                   E                         460             460  ..............  ..............
                                                 ---------------------------------------------------------------
            Total................  .............           1,590           1,590  ..............           2,740
Other rock-fish\9\,\10\,\11\.....  W                          20              20  ..............  ..............
                                   C                         650             650  ..............  ..............
                                   E                       4,590           1,500  ..............  ..............
                                                 ---------------------------------------------------------------
            Total................  .............           5,260           2,170  ..............           7,560
Northern Rockfish\11\............  W                         840             840  ..............  ..............
                                   C                       4,150           4,150  ..............  ..............
                                   E                          10              10  ..............  ..............
                                                 ---------------------------------------------------------------
            Total................  .............           5,000           5,000  ..............           9,420
Pelagic shelf rockfish\12\.......  W                         620             620  ..............  ..............
                                   C                       3,260           3,260  ..............  ..............

[[Page 71879]]

 
                                   E                       1,000           1,000  ..............  ..............
                                                 ---------------------------------------------------------------
            Total................  .............           4,880           4,880  ..............           8,040
Thornyhead rockfish..............  W                         250             250  ..............  ..............
                                   C                         710             710  ..............  ..............
                                   E                       1,040           1,040  ..............  ..............
                                                 ---------------------------------------------------------------
            Total................  .............           2,000           2,000  ..............           2,840
Demersal shelf rockfish\13\......  SEO                       560             560  ..............             950
Atka mackerel....................  GW                        600             600  ..............           6,200
Other\14\ species................  GW                    N/A\15\          15,570  ..............  ..............
      Total\16\..................  .............         548,770         327,046  ..............        817,270
----------------------------------------------------------------------------------------------------------------
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 component and 10 percent for processing by
  the offshore component. Component allocations are shown in Table 4.
4. ``Deep water flatfish'' means Dover sole, Greenland turbot, and deepsea sole.
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. ``Northern rockfish'' means Sebastes polyspinis.
12. ``Pelagic shelf rockfish'' means Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus
  (yellowtail).
13. ``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).
14. ``Other species'' means sculpins, sharks, skates, 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. Additionally, the Eastern Regulatory Area hook-and-line 
allocation of sablefish is apportioned to the West Yakutat and 
Southeast Outside Districts. In the Eastern Regulatory Area, the trawl 
allocation is not apportioned by district although regulations at 
679.7(b) prohibit the use of trawl gear east of 140 deg. W long. 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 shows the assignments of the proposed 1999 sablefish TAC 
amounts between vessels using hook-and-line and trawl gears.

 Table 2.--Proposed 1999 Sablefish TAC Specifications in the Gulf of Alaska and Allocations Thereof to Hook-and-
                                               Line and Trawl Gear
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                Hook-and-line         Trawl
                       Area/District                               TAC          apportionment     apportionment
----------------------------------------------------------------------------------------------------------------
Western...................................................             1,840             1,472               368
Central...................................................             6,320             5,056             1,264
Eastern...................................................             5,960                                 298
West Yakutat..............................................                               2,175
Southeast Outside.........................................                               3,487
                                                           -----------------------------------------------------
    Total.................................................            14,120            12,190             1,930
----------------------------------------------------------------------------------------------------------------


[[Page 71880]]

Proposed Apportionments of Pollock and Pacific Cod TAC Amounts

    In the GOA, pollock is apportioned by area and season. Regulations 
at Sec. 679.20(a)(5)(ii)(A) require 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 regulations at 
Sec. 679.20(a)(5)(ii)(B), the pollock TAC for the W/C Regulatory Areas 
is apportioned into three seasonal allowances of 25, 35, and 40 
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 5,580 mt is not 
allocated among smaller areas or seasonally.
    On October 29, 1998, NMFS published a proposed rule for public 
review and comment that would implement Amendment 51 to the FMP (63 FR 
57996). Amendment 51 would allocate 100 percent of the pollock TAC and 
90 percent of the Pacific cod TAC to vessels catching pollock and 
Pacific cod for processing by the inshore component. Ten percent of the 
Pacific cod TAC would be allocated to vessels catching Pacific cod for 
processing by the offshore component. 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 is 
not shown. Proposed inshore and offshore component allocations of the 
proposed 52,846 mt initial TAC for Pacific cod for each regulatory area 
are shown in Table 4.
    Beginning in 1997, the Council recommended a GOA Pacific cod TAC 
that is 15 percent lower than the ABC for Pacific cod to account for 
removals from the state waters Pacific cod fishery. The Pacific cod TAC 
could be further reduced for 1999 pending State action to increase the 
state waters harvest of Pacific cod from 15 to 20 percent of the ABC.

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 Allowances
----------------------------------------------------------------------------------------------------------------
                                                                                    Seasonal allowances
                                                   Biomass        1999    --------------------------------------
                Statistical area                   percent      ABC=TAC       First        Second       Third
                                                                              (25%)        (35%)        (40%)
----------------------------------------------------------------------------------------------------------------
Shumagin (610).................................           25       29,790        7,450       10,425       11,915
Chirikof (620).................................           42       50,045       12,510       17,515       20,020
Kodiak (630)...................................           33       39,315        9,830       13,760       15,725
                                                ----------------------------------------------------------------
    Total......................................          100      119,150       29,790       41,705      47,655
----------------------------------------------------------------------------------------------------------------
Note: Allowances. ABC for the W/C GOA is 119,150 metric tons (mt). Biomass distribution is based on 1996 survey
  data. TACs are equal to ABC. Pollock is allocated 100 percent to the inshore component. ABCs and TACs are
  rounded to the nearest 5 mt.


 Table 4.--Proposed 1999 Allocation (metric tons) 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%)
------------------------------------------------------------------------
Western..........................       18,536       16,682        1,854
Central..........................       33,376       30,038        3,338
Eastern..........................          936          842           94
                                  --------------------------------------
    Total........................       52,848       47,562        5,286
------------------------------------------------------------------------

``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 15,570 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 October meeting, the Council recommended that NMFS 
re-establish 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 
Southeast Outside District and the remainder to the remaining hook-and-
line fisheries. Regulations at Sec. 679.21(d)(4) authorize exemption of 
specified nontrawl fisheries from the halibut PSC limit. As in 1996, 
1997, and 1998, the Council has recommended that pot gear, and the 
hook-and-line sablefish fishery, be exempt from the nontrawl halibut 
limit for 1999. The Council has recommended these exemptions because 
the halibut bycatch mortality experienced in the pot gear fisheries is 
low (17 mt in 1996, 13 mt in 1997, and 13 mt in 1998) and because the 
halibut and sablefish Individual Fishing Quota (IFQ) program, 
implemented in 1995, allows retention of legal-sized halibut in the 
sablefish

[[Page 71881]]

fishery by persons holding IFQ permits for halibut.
    Under Sec. 679.21(d)(5), NMFS seasonally apportions the halibut PSC 
limits based on recommendations from the Council. The FMP requires that 
the following information be considered by the Council in recommending 
seasonal apportionments of halibut PSC limits: (1) Seasonal 
distribution of halibut, (2) seasonal distribution of target groundfish 
species relative to halibut distribution, (3) expected halibut bycatch 
needs on a seasonal basis relative to changes in halibut biomass and 
expected catches of target groundfish species, (4) expected bycatch 
rates on a seasonal basis, (5) expected changes in directed groundfish 
fishing seasons, (6) expected actual start of fishing effort, and (7) 
economic effects of establishing of the target groundfish industry.
    The publication of the final 1998 groundfish and PSC specifications 
(63 FR 12027, March 12, 1998) summarizes Council findings with respect 
to each of the FMP considerations set forth above. At this time, the 
Council's findings are unchanged from those set forth for 1998. Pacific 
halibut PSC limits, and apportionments thereof, are presented in Table 
5. Regulations specify that any overages or shortfalls in a seasonal 
apportionment of a PSC limit will be deducted from or added to the next 
respective seasonal apportionment within the 1999 season.

  Table 5.--Final 1998 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific halibut PSC limit for hook-and-line gear is allocated to
                                                      the DSR fishery and fisheries other than DSR.
                                                               [Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Trawl gear                                                               Hook-and-line gear
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Other than DSR                                      DSR
                  Dates                        Amount      ---------------------------------------------------------------------------------------------
                                                                       Dates                  Amount                  Dates                  Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31............................         600 (30%)  Jan 1-May 17...............         250 (86%)  Jan 1-Dec 31...............          10(100%)
Apr 1-Jun 30............................         400 (20%)  May 18-Aug 31..............           15 (5%)
Jul 1-Sep 30............................         600 (30%)  Sep 1-Dec 31...............           25 (9%)
Oct 1-Dec 31............................         400 (20%)
    Total...............................      2,000 (100%)  ...........................        290 (100%)  ...........................         10 (100%)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Regulations at Sec. 679.21(d)(3)(iii) authorize the apportionment 
of the trawl halibut PSC limit to a deep-water species fishery 
(comprising sablefish, rockfish, deep-water flatfish, rex sole, and 
arrowtooth flounder) and a shallow-water species fishery (comprising 
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 6 and is unchanged from 
1998.

   Table 6.--Proposed 1999 Apportionment of Pacific Halibut PSC Trawl
   Limits Between the Deep-Water Species Complex and the Shallow-Water
                             Species Complex
                       [Values are in metric tons]
------------------------------------------------------------------------
                                     Shallow
              Season                  water     Deep  water     Total
------------------------------------------------------------------------
Jan. 20-Mar. 31..................          500          100          600
Apr. 1-Jun. 30...................          100          300          400
Jul. 1-Sep. 30...................          200          400          600
Oct. 1-Dec. 31...................  ...........  ...........          400
                                  --------------------------------------
    Total........................          800          800       2,000
------------------------------------------------------------------------
Note: Pacific halibut PSC is not apportioned between shallow-water and
  deep-water fishery categories from October 1 through December 31.

    The Council may recommend, or NMFS may make, some changes in the 
seasonal, gear type, and fishing-complex apportionments of halibut PSC 
limits for the final 1999 harvest specifications. NMFS considers the 
following types of information in setting halibut PSC limits as 
presented by, and summarized from, the preliminary 1999 SAFE Report, or 
from public comment and testimony.

1. Estimated Halibut Bycatch in Prior Years

    The best available information on estimated halibut bycatch is 
available from data collected by observers during 1998. The calculated 
halibut bycatch mortality by trawl, hook-and-line, and pot gear through 
October 17, 1998, is 1,992 mt, 292 mt, and 13 mt, respectively, for a 
total halibut mortality of 2,297 mt.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries during the first, second, third, and fourth quarters of the 
1998 fishing year. Trawling for the deep-water fishery complex was 
closed for the first quarter on March 10 (63 FR 12688, March 16, 1998), 
for the second quarter on April 21 (63 FR 20541, April 27, 1998), for 
the third quarter on July 28 (63 FR 40839, July 31, 1998), and for the 
fourth quarter on October 9 (63 FR 55341, October 15, 1998). The 
shallow-water fishery complex was closed for the second quarter on May 
2 (63 FR 24984, May 6, 1998), for the third quarter on August 3 (63 FR 
42281, August 7, 1998), and for the fourth quarter on October 9 (63 FR 
55341, October 15, 1998). The amount of groundfish that might have been 
harvested, if halibut had not been seasonally limiting in 1998 is 
unknown. However, lacking market incentives, some amounts of groundfish 
will not be harvested, regardless of halibut PSC bycatch availability.

[[Page 71882]]

2. Expected Changes in Groundfish Stocks

    The proposed 1999 ABC amounts for the species or species groups are 
unchanged from 1998 amounts.

3. Expected Changes in Groundfish Catch

    The total of the proposed 1999 TAC amounts for the GOA is 327,046 
mt, which represents 100 percent of the sum of TAC amounts for 1998 
(327,046 mt).

4. Current Estimates of Halibut Biomass and Stock Condition

    The most recent information on halibut biomass and stock condition 
may be found in the 1998 preliminary SAFE report, dated September 1998. 
New information will be incorporated in the final 1999 SAFE report.
    The International Pacific Halibut Commission (IPHC) has added or 
subtracted the following information to the 1998 preliminary SAFE 
report relative to the November 1997 SAFE report: (1) Standard errors 
are reported for all years, using the methodology reviewed by the SSC 
at the June 1998 Council meeting; (2) Information for 1997 is reported 
for the first time; (3) Information for the 1995-1997 sablefish IFQ 
fisheries is not included due to inconsistencies found in the data 
during the preparation of the preliminary report.

5. 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 1999 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 adversely affect the halibut stocks.

6. Methods Available for, and Costs of, Reducing Halibut Bycatch 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 the species and 
amounts of groundfish foregone.
    Trawl vessels carrying observers for purposes of complying with 
observer coverage requirements (50 CFR 679.50) are subject to the 
Vessel Incentive Program. This 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)) specify requirements 
for tunnel openings for groundfish pots in order to reduce halibut 
bycatch. As a result, 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, to increase 
the amount of groundfish harvested under the available halibut 
mortality bycatch limits, and to 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.
    NMFS and the Council will review the methods available for reducing 
halibut bycatch, as listed above, to determine their effectiveness, and 
will initiate changes as appropriate, in response to this review or to 
public testimony and comment.
    Consistent with the goals and objectives of the FMP to reduce 
halibut bycatch 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/sablefish 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 1999 
GOA groundfish fisheries. Most of the IPHC's assumed mortality rates 
were based on an average of discard mortality rates determined from 
NMFS-observer data collected during 1996 and 1997. 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 1999 differ slightly from those 
used in 1998. The recommended rates are lower than those used in 1998 
for the longline targeted fisheries of Pacific cod and ``other 
species'' and remain the same for rockfish. The recommended rates for 
longline targeted fisheries range from 9 to 16 percent. The recommended 
rates for the trawl targeted fisheries are higher for midwater pollock, 
deep-water flatfish, flathead sole, and sablefish; are lower for 
rockfish, Pacific cod, rex sole, and ``other species' ; and the same 
for shallow-water flatfish, bottom pollock, and Atka mackerel. The 
recommended rates for the trawl targeted fisheries range from 57 to 73 
percent. The recommended 1999 rate of 6 percent for all pot targeted 
fisheries is lower than those used in 1998. The halibut mortality rates 
are listed in Table 7. The proposed mortality rates listed in Table 7 
are subject to change after the Council considers an updated analysis 
on halibut mortality rates in the groundfish fisheries that IPHC staff 
are scheduled to present to the Council at the Council's December 1998 
meeting.

   Table 7.--Proposed 1999 Assumed Pacific Halibut Mortality Rates for
                  Vessels Fishing in the Gulf of Alaska
    [Listed values are percent of halibut bycatch assumed to be dead]
------------------------------------------------------------------------
                                                              Mortality
                      Gear and target                            rate
------------------------------------------------------------------------
Hook-and-Line:
  Sablefish................................................  ...........

[[Page 71883]]

 
  Pacific cod..............................................           16
  Rockfish.................................................            9
  Other species............................................           16
Trawl:
  Midwater pollock.........................................           76
  Rockfish.................................................           64
  Shallow-water flatfish...................................           71
  Pacific cod..............................................           66
  Deep-water flatfish......................................           66
  Flathead sole............................................           74
  Rex sole.................................................           55
  Bottom pollock...........................................           73
  Atka mackerel............................................           57
  Sablefish................................................           71
  Other species............................................           66
Pot:
  Pacific cod..............................................            6
  Other species............................................           6
------------------------------------------------------------------------
Note: The hook-and-line sablefish mortality rate will be available for
  Council review at its December 1998 meeting.

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under E.O. 12866.
    Pursuant to section 7 of the Endangered Species Act, NMFS has 
completed a consultation on the effects of the pollock and Atka 
mackerel fisheries on listed and candidate species, including the 
Steller sea lion, and designated critical habitat. The biological 
opinion prepared for this consultation, dated December 3, 1998, 
concludes that the pollock fisheries in the BSAI and the GOA jeopardize 
the continued existence of Steller sea lions and adversely modify their 
designated critical habitat. The biological opinion contains reasonable 
and prudent alternatives (RPAs) to mitigate the adverse impacts of the 
pollock fisheries on Steller sea lions. Specific measures necessary to 
implement the RPAs will be discussed at the December Council meeting 
and will be implemented by NMFS through emergency rulemaking prior to 
the start of the 1999 GOA pollock fishery.
    NMFS has also initiated consultation on the effects of the 1999 GOA 
groundfish fisheries on listed and candidate species, including the 
Steller sea lion and listed seabirds, and on designated critical 
habitat. This consultation will be concluded prior to the start of 
fishing on January 1, 1999, under the 1999 interim specifications. 
Pending determinations under this consultation, NMFS may initiate 
emergency rulemaking to mitigate any adverse impacts resulting from the 
GOA groundfish fisheries on listed and candidate species and designated 
critical habitat.
    NMFS prepared an initial regulatory flexibility analysis that 
describes the impact these proposed specifications, if adopted, may 
have on small entities. This action is necessary to establish harvest 
limits for the GOA groundfish fisheries for the 1999 fishing year. The 
groundfish fishery in the GOA is governed by Federal regulations at 50 
CFR 679 that require NMFS, after consultation with the Council, to 
publish and solicit public comments on proposed annual TACs, PSC 
allowances, and seasonal allowances of the TACs. Based on the number of 
vessels that caught groundfish in 1996, the estimated number of fixed 
gear and trawl catcher vessels expected to be operating as small 
entities in the 1999 GOA groundfish fishery is 1,492. There are no 
recordkeeping and reporting requirements with this proposed action. 
NMFS is not aware of any other Federal rules which duplicate, overlap 
or conflict with the proposed specifications.
    Significant alternatives that would minimize any significant 
economic impact of this action on small entities were considered. The 
establishment of differing compliance or reporting requirements or 
timetables, the use of performance rather than design standards, or 
exempting affected small entities from any part of this action would 
not be appropriate because of the nature of this action.

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

    Dated: December 24, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-34544 Filed 12-24-98; 11:41 am]
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