[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Proposed Rules]
[Pages 71867-71876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34545]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981222313-8313-01; I.D. 121098D]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; 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; apportionment of reserves; request for comments.

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SUMMARY: NMFS proposes 1999 harvest specifications and prohibited 
species bycatch allowances 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 1999 fishing year and to accomplish the goals and 
objectives of the Fishery Management Plan for the Groundfish Fishery of 
the Bering Sea and Aleutian Islands Area (FMP). The intended effect of 
this action is to conserve and manage the groundfish resources in the 
BSAI 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, NMFS, 
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, West 4th Avenue, Suite 306, Anchorage, AK 
99510-2252 (907-271-2809).

FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: Background for the 1999 Proposed Harvest 
Specifications.
    Groundfish fisheries in the BSAI are governed by Federal 
regulations at 50 CFR part 679 that implement the FMP. The Council 
prepared the FMP and NMFS approved it under the Magnuson-Stevens 
Fishery Conservation and Management Act. General regulations governing 
U.S. fisheries also appear at 50 CFR part 600.
    The FMP and its 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 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, and seasonal allowances of the pollock TAC. The 
proposed specifications set forth in Tables 1 through 7 of this 
proposed action satisfy these requirements. For 1999, the proposed sum 
of TACs is 1.925 million mt. Tables 8 through 10 specify limitations 
for catcher/processor vessels listed in section 208(e)(1) through (20) 
of the American Fisheries Act (AFA) contained within the Omnibus 
Appropriations Bill for FY 99; Pub. L. 105-277. Under 
Sec. 679.20(c)(3), NMFS will publish the final annual specifications 
for 1999 after considering: (1) comments received within the comment 
period (see DATES) and (2) consultations with the Council at its 
December 9, 1998 meeting.
    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 Community Development Quota (CDQ) reserve established 
under Sec. 679.20(b)(1)(iii), one-fourth of each proposed PSC allowance 
established under Sec. 679.21, and the first seasonal allowance of 
pollock become available at 0001 hours Alaska local time (A.l.t.), 
January 1, and remains available until superseded by the final 
specifications. If approved by NMFS, proposed management measures for 
the Atka mackerel fishery (63 FR 60288, November 9, 1998) will also 
require that the first seasonal allowance of Atka mackerel TAC be 
specified on an interim basis. Regulations at Sec. 679.20(c)(2)(ii) do 
not provide for an interim specification for either the hook-and-line 
and pot gear sablefish CDQ reserve or for sablefish managed under the 
Individual Fishing Quota management plan.
    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 levels 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 ABCs 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.
    The Bering Sea Groundfish Plan Team (Plan Team) acknowledged that 
for purposes of the proposed 1999 Overfishing Levels and ABC amounts, 
the best information currently available is set forth in the final SAFE 
report for the 1998 BSAI groundfish fisheries dated November 1997. The 
Plan Team further acknowledged that information on the status of stocks 
will be updated with the 1998 survey results and reconsidered by the 
Plan Team at its November 1998 meeting. The Plan Team's preliminary 
recommendation was to rollover 1998 ABC, overfishing,

[[Page 71868]]

and TAC amounts and to reconsider these amounts at the December 1998 
Council meeting after new status of stocks information has been 
incorporated by the Plan Team into a final SAFE report.
    At its October 1998 meeting, the Scientific and Statistical 
Committee (SSC), Advisory Panel (AP), and Council reviewed the Plan 
Team's preliminary recommendations. With one exception, the SSC, AP, 
and Council concurred with the Plan Team's recommendations. The Council 
recommended a 75,000 mt reduction in the AP- and SSC-recommended Bering 
Sea pollock ABC and TAC, from 1.110 million mt to 1.035 million mt. 
This reduction was recommended in consideration of preliminary 1998 
survey data that indicated decreased biomass abundance of this stock. 
None of the Council's recommended TACs for 1999 exceed the recommended 
ABC for any species category. Therefore, NMFS finds that the 
recommended TACs are consistent with the best available information on 
the biological condition of the groundfish stocks.
    Table 1 lists the proposed 1999 Overfishing Levels, ABC, and TAC 
amounts for groundfish in the BSAI. The proposed apportionment of TAC 
amounts among fisheries and seasons is discussed here.

 Table 1.--Proposed 1999 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ
 Reserve Allocation, and Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area (BSAI) \1\
----------------------------------------------------------------------------------------------------------------
                                                                                            CDQ      Overfishing
           Species                   Area            ABC          TAC        ITAC \2\   reserve \3\      level
----------------------------------------------------------------------------------------------------------------
Pollock \4\..................  Bering Sea (BS).    1,035,000    1,035,000      875,610      103,500    2,060,000
                               Aleutian Islands       23,800       23,800       20,135        2,380       31,700
                                (AI).
                               Bogoslof                6,410        1,000          846          100        8,750
                                District.
Pacific cod..................  BSAI............      210,000      210,000      178,500       15,750      336,000
Sablefish \5\................  BS..............        1,300        1,300          553          179        2,160
                               AI..............        1,380        1,380          293          233        2,230
Atka mackerel................  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        1,020      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          126        2,620
Other species \9\............  BSAI............       25,800       25,800       21,930        1,645      134,000
Non-specific CDQ \10\........  BSAI............                                                 492
                              ----------------------------------------------------------------------------------
    Total....................    ..............    2,379,976    1,925,000    1,630,579      171,081    4,202,451
----------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) 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 pollock and 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.
\3\ Except for pollock and the hook-and-line or pot gear allocation of sablefish, 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)).
\4\ Ten percent of the pollock TAC is allocated to the pollock CDQ fishery under paragraph 206(a) of the AFA.
  After deduction of the pollock CDQ reserve, a 6 percent incidental catch reserve (for pollock harvested in
  other fisheries) is then deducted (see section 206(b) of the AFA), the result is the 1999 proposed ITAC for
  pollock.
\5\ 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. 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)).
\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 rockfish.
\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,
  northern, shortraker, and rougheye rockfish.
\9\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec.  679.2 are
  not included in the ``other species'' category.
\10\ Fifteen percent of the groundfish CDQ reserve established for squid, arrowtooth flounder, and ``other
  species'' is allocated to a non-specific CDQ reserve found at Sec.  679.31(g).


[[Page 71869]]

Reserves

    Regulations at Sec. 679.20(b)(1)(i) require that 15 percent of the 
TAC for each target species or species group, except for the hook-and-
line and pot gear allocation of sablefish, be placed in a non-specified 
reserve. The AFA supersedes this provision for pollock be requiring 
that the 1999 TAC for this species be fully allocated among the CDQ 
program, incidental catch allowance, and inshore, catcher/processor, 
and mothership directed fishery allowances.
    Regulations at Sec. 679.20(b)(1)(iii) require that one half of each 
TAC amount placed in the non-specified reserve be allocated to the 
groundfish CDQ reserve, and that 20 percent of the hook-and-line and 
pot gear allocation of sablefish be allocated to the fixed gear 
sablefish CDQ reserve. As discussed below section 206(a) of the AFA 
requires that 10 percent of the pollock TAC be allocated to the pollock 
CDQ reserve. With the exception of the hook-and-line and pot gear 
sablefish CDQ reserve, the CDQ reserves are not further apportioned by 
gear. Fifteen percent of the groundfish CDQ reserve established for 
squid, arrowtooth flounder and ``other species'' is allocated to a non-
specific CDQ reserve. Regulations governing the use and release of the 
non-specific CDQ reserve are found at Sec. 679.31(g). Regulations at 
Sec. 679.21(e)(1)(i) also require that 7.5 percent of each PSC limit, 
with the exception of herring, be withheld as a 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.
    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.

Allocation of the Pollock TAC

Pollock Allocations under the AFA

    Section 206(a) of the AFA requires that 10 percent of the BSAI 
pollock TAC be allocated as a directed fishing allowance to the CDQ 
program. The remainder of the BSAI pollock TAC, after the subtraction 
of an allowance for the incidental catch of pollock by vessels, 
including CDQ vessels, harvesting other groundfish species, is 
allocated as follows; 50 percent to catcher vessels harvesting pollock 
for processing by the inshore component, 40 percent to catcher/
processors and catcher vessels harvesting pollock for processing by 
catcher/processors in the offshore component, and 10 percent to catcher 
vessels harvesting pollock for processing by motherships in the 
offshore component.
    For 1999, NMFS is proposing an incidental catch allowance of 6 
percent of the pollock TAC after subtraction of the 10 percent CDQ 
reserve. This allowance was determined based on an examination of the 
incidental catch of pollock in non-pollock target fisheries from 1994 
through 1997. During this 4-year period, the incidental catch of 
pollock as a percentage of the TAC ranged from a low of 4.9 percent in 
1996 to a high of 6.3 percent in 1997 with a 4-year average of 5.6 
percent. NMFS acknowledges that the incidental catch of pollock in 
other fisheries declined in 1998 to about 3 percent of the TAC as a 
result of new mandatory retention and utilization standards for this 
species (Sec. 679.27). However, uncertainty about continued low 
incidental pollock catch in other fisheries, and mandates under the AFA 
to optimize the opportunity for the harvest of the allocated pollock 
directed fishery allowances, support a conservative incidental catch 
allowance. NMFS intends to initiate rulemaking in 1999 that would 
provide NMFS with the authority to reallocate a portion of the 
incidental catch reserve of pollock to the three components of the 
directed fishery in the proportions specified under the AFA if NMFS 
determines that the projected amount will not be needed in the other 
groundfish fisheries.
    The AFA also contains three specific pollock allocations that must 
be specified annually. First, paragraph 208(e)(21) of the AFA specifies 
that catcher/processors qualifying to fish for pollock under this 
paragraph are prohibited from harvesting in the aggregate a total of 
more than one-half (0.5) percent of the pollock allocated to vessels 
for processing by offshore catcher/processors. Second, paragraph 210(c) 
of the AFA requires that not less than 8.5 percent of the pollock 
allocated to vessels for processing by offshore catcher/processors be 
available for harvest only by offshore catcher vessels harvesting 
pollock for processing by offshore catcher/processors listed in section 
208(b). Third, paragraph 210(e)(1) prohibits any particular individual, 
corporation, or other entity from harvesting a total of more than 17.5 
percent of the pollock available to be harvested in the directed 
pollock fishery. These allocations and catch limits are proposed in 
Table 2.
    When recommending seasonal allowances of the pollock TAC, the 
Council considered the factors specified in section 14.4.10 of the FMP. 
Likewise, in proposing seasonable allowances, NMFS also considered 
these factors. 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 (A season), and the second allowance is made 
available from September 1 until November 1 (B season). The Council 
recommended that the seasonal allowances for the Bering Sea pollock A 
and B seasons be specified at 45 percent and 55 percent of the ITAC 
amounts, respectively (Table 2). As in past years, 100 percent of the 
pollock ITAC amounts specified for the Aleutian Islands subarea and the 
Bogoslof District would be apportioned to the A season, with any TAC 
remaining following the end of A season made available during the B 
season.

 Table 2.--Proposed Seasonal Allowances of the Inshore, Catcher/Processor, and Mothership Component Allocations
                                           of Pollock TAC Amounts \1\
----------------------------------------------------------------------------------------------------------------
                                                 Incidental                  Directed
       Subarea &  component            TAC          catch         CDQ        fishing     A  season    B  season
                                                  allowance   reserve \3\   allowance       \4\          \5\
-----------------------------------------------------\2\--------------------------------------------------------
Bering Sea:
    Inshore......................  ...........  ............  ...........      437,805      197,012      240,793
    Mothership...................  ...........  ............  ...........       87,561       39,402       48,159
    Offshore catcher/processor
     and catcher vessel total....  ...........  ............  ...........      350,244      157,610      192,634
        Listed catcher/processors
         \6\.....................  ...........  ............  ...........  ...........      144,213      176,260
        Listed catcher vessels
         \6\.....................  ...........  ............  ...........  ...........       13,397       16,374

[[Page 71870]]

 
        Section 208(e)(21)
         vessels \7\.............  ...........  ............  ...........  ...........          788          963
                                  ------------------------------------------------------------------------------
            Total................    1,035,000        55,890      103,500      875,610      394,025      481,586
Aleutian Islands:
    Inshore......................  ...........  ............  ...........       10,067       10,067          \8\
    Mothership...................  ...........  ............  ...........        2,013        2,013          \8\
    Offshore catcher/processor
     and catcher vessel total....  ...........  ............  ...........        8,054        8,054          \8\
        Listed catcher/processors
         \6\.....................  ...........  ............  ...........  ...........        7,369          \8\
        Listed catcher vessels
         \6\.....................  ...........  ............  ...........  ...........          685          \8\
        Section 208(e)(21)
         vessels\7\..............  ...........  ............  ...........  ...........           40          \8\
                                  ------------------------------------------------------------------------------
            Total................       23,800         1,285        2,380       20,135       20,135          \8\
Bogoslof District:
    Inshore......................  ...........  ............  ...........          423          423          \8\
    Mothership...................  ...........  ............  ...........           85           85          \8\
    Offshore catcher/processor
     and catcher vessel total....  ...........  ............  ...........          338          338          \8\
        Listed catcher/processors
         \6\.....................  ...........  ............  ...........  ...........          310          \8\
        Listed catcher vessels
         \6\.....................  ...........  ............  ...........  ...........           29  ...........
        Section 208(e)(21)
         vessels \7\.............  ...........  ............  ...........  ...........            2          \8\
                                  ------------------------------------------------------------------------------
            Total................        1,000            54          100          846          846          \8\
----------------------------------------------------------------------------------------------------------------
\1\ After subtraction for the CDQ reserve and the incidental catch allowance, the pollock TAC is allocated as
  follows: inshore component--50 percent, catcher/processor component--40 percent, and mothership component--10
  percent.
\2\ The pollock incidental catch allowance is 6 percent of the TAC after subtraction of the CDQ reserve.
\3\ Under paragraph 206(a) of the AFA, the CDQ reserve for pollock is ten percent.
\4\ January 1 through April 15.
\5\ September 1 until November 1.
\6\ Section 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance
  allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels
  delivering to listed catcher/processors.
\7\ The AFA requires that vessels described in paragraph 208(e)(21) be prohibited from exceeding a harvest
  amount of one-half of one percent of the directed fishing allowance allocated to vessels for processing by
  listed catcher/processors.
\8\ Remainder.

Allocation of the Atka Mackerel TAC

    Under Sec. 679.20(a)(8), up to 2 percent of the Eastern Aleutian 
Islands district and the Bering Sea subarea Atka mackerel ITAC may be 
allocated to the jig gear fleet. The amount of this allocation is 
determined annually by the Council based on several criteria, including 
the anticipated harvest capacity of the jig gear fleet. At its October 
1998 meeting, the Council proposed an allocation of 1 percent of the 
Atka mackerel TAC in the Eastern Aleutian Islands district/Bering Sea 
subarea to the jig gear fleet. Based on a proposed ITAC of 12,665 mt, 
the jig gear allocation would be 127 mt.
    Due to concerns about the potential impact of the Atka mackerel 
fishery on Steller sea lions and their critical habitat, NMFS published 
a proposed rule on November 9, 1998 (63 FR 60288) that would implement 
temporal and spatial changes in the Atka mackerel fisheries. This 
proposed rule would divide the BSAI Atka mackerel ITAC into two equal 
seasonal allowances. The first allowance would be made available for 
directed fishing from January 1 to April 15 (A season), and the second 
seasonal allowance would be made available from September 1 to November 
1 (B season)(see Table 3). Additionally, fishing with trawl gear in 
areas defined as Steller sea lion critical habitat (see Table 1, Table 
2, and Figure 4 of 50 CFR 226) within the Western and Central Aleutian 
Islands subareas would be prohibited during each Atka mackerel season 
once specified percentages of the TAC have been reached. In 1999, the 
specified catch percentage would be 65 percent of each seasonal 
allowance for the Western Aleutian Islands and 80 percent of each 
seasonal allowance for the Central Aleutian Islands.
    For the Eastern Aleutian Islands and Bering Sea subarea, there 
would be no critical habitat closures based on Atka mackerel catch 
percentages inside critical habitat areas under the proposed rule. 
However, the proposed rule does include a variety of changes to current 
critical habitat designations in both time and space within the 
Aleutian Islands District. See the proposed rule published on November 
9, 1998 (63 FR 60288) for a detailed description of proposed regulatory 
changes to the Atka mackerel fishery.

               Table 3.--Proposed 1999 Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC1, 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  Seasonal apportionment \3\
                                                                                                     ---------------------------------------------------
                                                                                                            A season \4\              B season \5\
                     Subarea & component                           TAC      CDQ reserve      ITAC    ---------------------------------------------------
                                                                                                       Inside CH                 Inside CH
                                                                                                          \6\         Total         \6\         Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Aleutian Islands (543)...............................       27,000        2,025       22,950        7,459       11,475        7,459       11,475
Central Aleutian Islands (542)...............................       22,400        1,680       19,040        7,616        9,520        7,616        9,520

[[Page 71871]]

 
Eastern AI/BS \7\............................................       14,900        1,118       12,665
    Jig (1%) \8\.............................................  ...........  ...........          127  ...........          127
    Other gear (99%).........................................  ...........  ...........       12,538  ...........        6,269  ...........        6,269
                                                              ------------------------------------------------------------------------------------------
        Total................................................       64,300        4,823       54,655  ...........       27,391  ...........      27,264
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons.
\2\ Based on proposed regulations published in the Federal Register on November 9, 1998 (63 FR 60288).
\3\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season.
\4\ January 1 through April 15.
\5\ September 1 through November 1.
\6\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for fishing inside critical habitat (Table 1,
  Table 2, and Figure 4 of 50 CFR part 226). In 1999, the percentage of TAC available for fishing inside critical habitat is 65 percent in the Western
  AI and 80 percent in the Central AI. When these critical habitat allowances are reached, critical habitat areas will be closed to trawling for the
  remainder of the fishing season.
\7\ Eastern Aleutian Islands District and Bering Sea subarea.
\8\ Regulations at Sec.  679.20(a)(8) require that up to 2 percent of the Eastern AI area ITAC be allocated to the Jig gear fleet. The amount of this
  allocation is 1 percent and was determined by the Council based on anticipated harvest capacity of the Jig gear fleet. The jig gear allocation is not
  apportioned by season.

Allocation of the Pacific Cod TAC

    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. At its October 1998 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 based on the criteria 
set forth at Sec. 679.20(a)(7)(iv)(B). They are intended to provide for 
the harvest of Pacific cod when flesh quality and market conditions are 
optimum and when Pacific halibut bycatch rates are low. Table 4 lists 
the proposed 1999 allocations and seasonal apportionments of the 
Pacific cod ITAC. 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.--Proposed 1999 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC
----------------------------------------------------------------------------------------------------------------
                                                                            Seasonal apportionment
               Gear                  Percent     Share ITAC ----------------------------------------------------
                                       ITAC         (mt)                Date              Percent       Amount
----------------------------------------------------------------------------------------------------------------
Jig..............................            2        3,570  Jan 1-Dec 31.............          100        3,570
Hook-and-line/pot gear...........           51       91,035  Jan 1-Apr 30 \1\.........           71       65,000
                                                             May 1-Aug 31.............           15       13,784
                                                             Sep 1-Dec 31.............           13       12,251
Trawl gear.......................           47       83,895  Jan 1-Dec 31.............          100       83,895
    Catcher vessel (50%).........                    41,948
    Catcher/processor (50%)......                    41,948
                                  --------------------------                           -------------------------
        Total....................          100      178,500
----------------------------------------------------------------------------------------------------------------
\1\ 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.

Allocation of the Shortraker and Rougheye Rockfish TAC

    Under Sec. 679.20(a)(9), the ITAC of shortraker rockfish and 
rougheye rockfish specified for the Aleutian Islands subarea is 
allocated 30 percent to vessels using non-trawl gear and 70 percent to 
vessels using trawl gear. Based on a proposed ITAC of 820 mt, the trawl 
allocation would be 574 mt and the non-trawl allocation would be 246 
mt.

Sablefish Gear Allocation

    Regulations at Sec. 679.20(a)(4) require that sablefish TACs for 
the BSAI subareas be allocated between trawl and hook-and-line or pot 
gear types. Gear allocations of TACs are established as follows: 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. Regulations at Sec. 679.20(b)(1)(iii)(B) 
require that 20 percent of the hook-and-line and pot gear allocation of 
sablefish be withheld as sablefish CDQ. Additionally, regulations at 
Sec. 679.20(b)(iii)(A) require that 7.5 percent of the trawl allocation 
of sablefish (one half of the reserve) be withheld as groundfish CDQ 
reserve. Gear allocations of the proposed sablefish TAC and CDQ reserve 
amounts are specified in Table 5.

[[Page 71872]]



                        Table 5.--1999 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
----------------------------------------------------------------------------------------------------------------
                                                              Percent  of    Share of
                       Subarea & gear                             TAC        TAC (mt)     ITAC(mt)   CDQ reserve
--------------------------------------------------------------------------------------------\1\-----------------
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

    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)(v)) and for non-trawl fisheries, the 
limit is 900 mt mortality (Sec. 679.21(e)(2)(i)). PSC limits for crab 
and herring are specified annually based on abundance and spawning 
biomass.
    For 1999, the proposed PSC limit of red king crab in Zone 1 for 
trawl vessels is 200,000 crab. Based on the criteria set out at 
Sec. 679.21(e)(1)(ii), the number of mature female red king crab was 
estimated in 1998 to be above the threshold of 8.4 million animals, and 
the effective spawning biomass is estimated to be 56 million pounds 
(greater than the 55 million pound threshold 
level)(Sec. 679.21(e)(1)(ii)(C)).
    The proposed 1999 C. bairdi PSC limit for trawl gear is 750,000 
animals in Zone 1 and 1,878,000 animals in Zone 2. These limits are 
based on the most recent survey data from 1998 and on the criteria set 
out at Sec. 679.21(e)(1)(iii). In Zone 1, C. bairdi abundance was 
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 
was estimated to be less than 175 million animals, and therefore 
calculated at 1.2 percent of the abundance level of 156.6 million 
crabs, resulting in the limit of 1.878 million crabs 
(Sec. 679.21(e)(1)(iii)(B)(2)).
    Under Sec. 679.21(e)(1)(iv) the PSC limit for C. opilio is 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 1998 Bering Sea 
abundance index, with a minimum PSC of 4.5 million crab and a maximum 
PSC of 13 million crab. Based on the 1998 survey estimate of 3.233 
billion crabs, the calculated limit would be 3,663,000 crabs. Because 
this limit falls below the minimum level, the proposed 1999 C. opilio 
PSC limit is 4.5 million 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)(vi)). NMFS's best 
estimate of 1999 herring biomass is 168,512 mt. This amount was derived 
using 1998 survey data and an age-structured biomass projection model 
developed by the Alaska Department of Fish and Game (ADF&G). Therefore, 
the proposed herring PSC limit for 1999 is 1,685 mt.
    Under Sec. 679.21(e)(1)(i) 7.5 percent of each PSC limit specified 
for crab and halibut is reserved as a PSQ reserve for use by the 
groundfish CDQ program. Regulations at Sec. 679.21(e)(3) require 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 non-trawl 
halibut PSC limit among five fishery categories. The proposed fishery 
bycatch allowances for the trawl and non-trawl fisheries are listed in 
Table 6.
    Regulations at Sec. 679.21(e)(3)(ii)(B) establish criteria under 
which NMFS must specify an amount of the annual red king crab bycatch 
limit for the Red King Crab Savings Subarea (RKCSS). The Council has 
proposed that this amount be set at 10,000 animals based on the need to 
optimize the harvest of rock sole early in the fishing year. This 
amount is derived by reducing the Council's red king crab bycatch 
allowance proposed for the rock sole/other flatfish/flathead sole 
fishery category by 10,000 red king crabs.
    Regulations at Sec. 679.21(e)(4)(ii) authorize 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 take 
comparatively few halibut. In 1998, total groundfish catch for the pot 
gear fishery in the BSAI was approximately 12,785 mt with an associated 
halibut bycatch mortality of about 34 mt. The 1998 groundfish jig gear 
fishery harvested about 181 mt of groundfish. Most 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, observer data are not 
available on halibut bycatch in the jig gear fishery. However, a 
negligible amount of halibut bycatch mortality is assumed because of 
the selective nature of this gear type and the likelihood that halibut 
caught with jig gear have a high survival rate when released.
    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 50 CFR 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. This action results 
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 1996 through 1998 has not been

[[Page 71873]]

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 PSC amounts. 
NMFS anticipates that the Council will recommend seasonal 
apportionments during its December 1998 meeting, and none are proposed 
at this time.

    Table 6.--Proposed 1999 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                                             Prohibited species and zone
                                   -----------------------------------------------------------------------------
                                                                Red King                   C. bairdi (animals)
                                      Halibut      Herring        Crab      C. opilio  -------------------------
                                     mortality    (mt) BSAI    (animals)    (animals)
                                     (mt) BSAI                   Zone 1     COBLZ \1\      Zone 1       Zone 2
----------------------------------------------------------------------------------------------------------------
Trawl Fisheries:
    Yellowfin sole................          930          263       18,500    3,038,625      255,592      885,947
    Rock sole/oth.flat/flat sole
     \2\..........................          735           22      128,750      749,250      273,848      295,316
    RKCSS \3\  ...................  ...........  ...........       10,000  ...........  ...........  ...........
    Turbot/sablefish/arrowtooth
     \4\..........................  ...........  ...........  ...........       41,625  ...........  ...........
    Rockfish......................           69            8  ...........       41,625  ...........        5,790
    Pacific cod...................        1,434           22       13,875      124,875      123,232      161,307
    Midwater trawl pollock \5\....  ...........        1,218  ...........  ...........  ...........  ...........
    Pollock/Atka/other \6\........          324          152       13,875      166,500       41,078      388,790
                                   -----------------------------------------------------------------------------
        Total Trawl PSC...........        3,492        1,685      185,000    4,162,500      693,750    1,737,150
Non-Trawl Fisheries:
    Pacific cod...................          749  ...........  ...........  ...........  ...........  ...........
    Other non-trawl...............           84  ...........  ...........  ...........  ...........  ...........
    Groundfish pot & jig..........          \8\  ...........  ...........  ...........  ...........  ...........
    Sablefish hook-and-line.......          \8\  ...........  ...........  ...........  ...........  ...........
                                   -----------------------------------------------------------------------------
        Total Non-Trawl...........          833  ...........  ...........  ...........  ...........  ...........
                                   -----------------------------------------------------------------------------
        PSQ Reserve \7\...........          350  ...........       15,000      337,500       56,250      140,850
                                   =============================================================================
            Grand Total...........        4,675        1,685      200,000    4,500,000      750,000   1,878,000
----------------------------------------------------------------------------------------------------------------
\1\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec.  679.21(e)(7)(iv)(B). At its October
  meeting the Council further apportioned C. opilio by percentage to the following fisheries: yellowfin sole
  73%, rock sole 18%, turbot 1%, rockfish 1%, Pacific cod 3%, and pollock 4%.
\2\ Rock sole, flathead sole, and other flatfish fishery category.
\3\ The Council at its October 1998 meeting allocated 10,000 red king crab for trawl fisheries within the RKCSS
  (Sec.  679.21 (e)(3)(ii)(B)).
\4\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\5\ Halibut and crab bycatch in the midwater trawl 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.
\6\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
\7\ With the exception of herring, 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 Administrator, Alaska Region, NMFS (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 recommended halibut 
mortality rates developed by staff of the International Pacific Halibut 
Commission (IPHC) for the 1998 BSAI groundfish fisheries be adopted for 
purposes of monitoring halibut bycatch allowances established for 1999. 
The justification for these mortality rates is discussed in the 
preliminary SAFE report dated September, 1998. The proposed mortality 
rates listed in Table 7 are subject to change pending the results of an 
updated analysis on halibut mortality rates in the groundfish fisheries 
that IPHC staff presented to the Council at the Council's December 1998 
meeting.

 Table 7.--Proposed Assumed Pacific Halibut Mortality Rates for the BSAI
                          Fisheries During 1999
------------------------------------------------------------------------
                                                               Assumed
                          Fishery                             mortality
                                                              (percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
    Rockfish...............................................           12
    Pacific cod............................................           11
    Greenland turbot.......................................           19
    Sablefish..............................................           18
    Other Species..........................................           11

[[Page 71874]]

 
Trawl gear fisheries:
    Midwater pollock.......................................           85
    Non-pelagic pollock....................................           76
    Yellowfin sole.........................................           78
    Rock sole..............................................           76
    Flathead sole..........................................           62
    Other flatfish.........................................           69
    Rockfish...............................................           72
    Pacific cod............................................           69
    Atka mackerel..........................................           85
    Greenland turbot.......................................           73
    Sablefish..............................................           23
    Other species..........................................           69
Pot gear fisheries:
    Pacific cod............................................            4
    Other species..........................................            4
------------------------------------------------------------------------

Protections for Other Fisheries Under the AFA

    Section 211(b)(2)(A) of the AFA prohibits catcher/processors listed 
under paragraphs 1 through 20 of section 208(e) (listed catcher/
processors) from harvesting in the aggregate more than a specified 
amount of each non-pollock groundfish species in the BSAI. Non-pollock 
groundfish that is delivered to listed catcher/processors by catcher 
vessels would not be deducted from the 1999 harvest limits proposed in 
Table 8 for the listed catcher/processors. Except for Atka mackerel, 
the catch limitations specified for the listed catcher/processors are 
equivalent to the percentage of non-pollock groundfish harvested in the 
non-pollock fisheries by the listed catcher/processors and those listed 
under Section 209 of the AFA during 1995, 1996, and 1997. The non-
pollock groundfish harvest amounts by these vessels in the BSAI from 
1995 through 1997 are shown in Table 8. These data were used to 
calculate the relative amount of non-pollock groundfish TACs harvested 
by pollock catcher/processors in the non-pollock fisheries, and then 
used to determine the proposed harvest limits for non-pollock 
groundfish by listed catcher/processors in the 1999 BSAI fisheries (see 
Table 8).

  Table 8.--Proposed Historical Catch Ratio, 1999 Aggregate Catch Limits, and 1999 PSC Catch Limits for Pollock
                               Vessels Described Under Section 208 of the AFA.1, 2
----------------------------------------------------------------------------------------------------------------
                                                               1995-1997                 1999 ITAC
                                                ---------------------------------------  available     1999 C/P
      Target species \3\             Area                      Available                to trawl C/    harvest
                                                 Total catch      TAC       Ratio \4\        Ps       limit \5\
----------------------------------------------------------------------------------------------------------------
Atka mackerel \6\............  Eastern AI/BS...  ...........  ...........  ...........  ...........  ...........
                               Central AI......  ...........  ...........        0.115       19,040        2,190
                               Western AI......  ...........  ...........        0.200       22,950        4,590
Arrowtooth flounder..........  BSAI............          788       36,873        0.021       13,600          291
Other flatfish...............  BSAI............       12,145       92,428        0.131       76,019        9,989
Flathead sole................  BSAI............        3,030       87,975        0.034       85,000        2,927
Greenland turbot.............  AI..............           31        6,839        0.005        4,208           19
                               BSAI............          168       16,911        0.010        8,543           85
Other species................  BSAI............        3,551       65,925        0.054       21,930        1,181
Pacific Cod trawl \7\........  BSAI............       13,547       51,450        0.263       41,948       11,045
Pacific ocean perch \8\......  BSAI............           58        5,760        0.010        1,190           12
                               Central AI......           95        6,195        0.015        2,933           45
                               Eastern AI......          112        6,265        0.018        2,610           47
                               Western AI......          356       12,440        0.029        4,743          136
Other rockfish...............  AI..............           95        1,924        0.049          582           29
                               BS..............           39        1,026        0.038          314           12
Rock sole....................  BSAI............       14,753      202,107        0.073       85,000        6,205
Sablefish trawl \9\..........  AI..............            1        1,135        0.001          293            0
                               BS..............            8        1,736        0.005          553            3
Sharpchin/Northern...........  AI..............        1,034       13,254        0.078        3,596          280
Squid........................  BSAI............            7        3,670        0.002        1,675            3
Shortraker/Rougheye..........  AI..............           68        2,827        0.024          314            8
Other red rockfish...........  BS..............           75        3,034        0.025          227            6
Yellowfin sole...............  BSAI............      123,003      527,000        0.233      187,000       43,646
----------------------------------------------------------------------------------------------------------------
\1\ The AFA specifies the manner in which the BSAI pollock TAC must be allocated among industry components and
  also prohibits catcher/processors listed under paragraphs 1-20 of section 208(e) from exceeding the historical
  harvest percentages by such catcher/processors and those listed under section 209 relative to the total
  available in the offshore component in BSAI groundfish fisheries (other than pollock) in 1995, 1996, and 1997.

[[Page 71875]]

 
\2\ Amounts are in metric tons.
\3\ For further definitions of target species see Table 1.
\4\ The ratio is calculated by dividing the total catch by the TAC available at the end of the year (with the
  exception of Atka mackerel).
\5\ The 1999 catch limit is calculated by multiplying the ratio by the 1999 proposed ITAC.
\6\ In section 211(b)(2)(C) of the AFA, catcher/processors described in paragraphs 1-20 of section 208(e) are
  prohibited from harvesting Atka mackerel in excess of 11.5 percent of the available TAC in the Central AI area
  and 20 percent in the Western AI area. These listed catcher/processors are prohibited from harvesting Atka
  mackerel in the Eastern Aleutian Islands District and Bering Sea subarea.
\7\ For Pacific cod, 47 percent of the ITAC is allocated to trawl gear, and of that 50 percent is available for
  listed catcher/processors. Separate catcher/processor and catcher vessel allocations became effective in 1997.
  Therefore, due to an inconsistency in the data, only 1997 which has a similar allocation pattern as the
  present was used to calculate the historic ratio.
\8\ Spatial apportionments to western, central, and eastern AI subareas began in 1996, therefore only data from
  1996 and 1997 was used to calculate the historic ratio.
\9\ 25 percent of the Sablefish ITAC is allocated to trawl in the AI subarea, 50 percent is allocated to trawl
  in the BS subarea.

    Section 211(b)(2)(C) of the AFA prohibits listed catcher/processors 
from fishing for Atka mackerel in the Eastern AI and BS subarea and 
from exceeding 11.5 percent and 20 percent of the Atka mackerel TACs 
available in the Central and Western AI districts, respectively. 
Pending NMFS's approval of conservation measures to mitigate impacts of 
the Atka mackerel fishery on Steller sea lions (63 FR 60288, November 
9, 1998) the listed catcher/processor harvest limitations for Atka 
mackerel would be subject to the proposed proportional restrictions on 
harvest inside and outside of critical habitat areas. As a result, the 
listed catcher/processors would be prohibited from trawling for the 
remainder of the year in critical habitat areas once 65 and 80 percent 
of the seasonal Atka mackerel harvest limitations established for the 
listed catcher/processors in the Western and Central AI districts 
respectively, is taken (Table 9).

  Table 9.--Proposed ATKA Mackerel Seasonal and Critical Habitat Limits for Catcher/Processor Vessels Described
                                     Under Section 208(e) of the AFA \1\ \2\
----------------------------------------------------------------------------------------------------------------
                                                                          Seasonal apportionment \3\
                                                             ---------------------------------------------------
                                                 ITAC  for C/       A Season \4\              B Season \5\
        Subarea & component          Total TAC        Ps     ---------------------------------------------------
                                                               Inside CH                 Inside CH
                                                                  \6\         Total         \6\         Total
----------------------------------------------------------------------------------------------------------------
Western Aleutian Islands (543)....       27,000        4,590        1,492        2,295        1,492        2,295
Central Aleutian Islands (542)....       22,400        2,190          876        1,095          876        1,095
Eastern AI District and BS subarea
 \7\..............................       14,900
----------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons.
\2\ Based on proposed regulations published in the Federal Register on November 9, 1998 (63 FR 60288).
\3\ The seasonal apportionment of Atka mackerel in the open access fishery would be 50 percent in the A season
  and 50 percent in the B season. Listed catcher/processors would be limited to harvesting no more than 20 and
  11.5 percent of the available TAC in the Western and Central AI subareas respectively (paragraph
  211(b)(2)(C)).
\4\ January 1 through April 15.
\5\ September 1 through November 1.
\6\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for
  fishing inside critical habitat (Table 1, Table 2, and Figure 4 of 50 CFR 226). In 1999, the percentage of TAC
  available for fishing inside critical habitat area is 65 percent in the Western AI and 80 percent in the
  Central AI. When these critical habitat allowances are reached, critical habitat areas would be closed to
  trawling for the remainder of the fishing season.
\7\ The AFA (section 211(b)(2)(C)) prohibits listed catcher/processors from directed fishing for Atka mackerel
  in the Eastern Aleutian Islands District and Bering Sea subarea.

    NMFS intends to establish by emergency rule inseason authority 
necessary to manage the harvest of groundfish by listed catcher/
processors so that the 1999 non-pollock harvest limits are not 
exceeded. Under the emergency rule authority, NMFS likely will limit 
directed fishing by the listed catcher/processors to the following non-
pollock groundfish species: Atka mackerel, Pacific cod, and yellowfin 
sole. The proposed 1999 harvest limits for species other than pollock 
may not be sufficient to allow for both a directed fishery and 
necessary incidental catch requirements in other directed fisheries. 
NMFS intends to manage the listed catcher/processor harvest limitations 
conservatively, consistent with the intent of the AFA to limit the 
ability of these vessels to redistribute fishing effort into non-
pollock fisheries in which they have not historically participated.
    Section 211(b)(2)(B) of the AFA prohibits listed catcher/processors 
from harvesting more than a specified amount of each prohibited species 
in the BSAI. These amounts are equivalent to the percentage of 
prohibited species bycatch limits harvested in the non-pollock 
groundfish fisheries by the listed catcher/processors and those listed 
under section 209 during 1995, 1996, and 1997. Prohibited species 
amounts harvested by these catcher/processors in BSAI non-pollock 
groundfish fisheries from 1995 through 1997 are shown in Table 10. 
These data were used to calculate the relative amount of prohibited 
species catch limits harvested by pollock catcher/processors, and then 
used to determine the proposed prohibited species harvest limits for 
listed catcher/processors in the 1999 non-pollock groundfish fisheries. 
Regulations at Sec. 679.21(e)(7)(vii) and (e)(7)(viii) do not provide 
for fishery-specific management of the salmon bycatch limits. 
Therefore, NMFS is not including salmon catch limits for the listed 
catcher/processors during 1999.
    PSC that is caught by listed catcher/processors participating in 
any non-pollock groundfish fishery listed in Table 8, shall accrue 
against the 1999 PSC limits for the listed catcher/processors as 
outlined in section 211(b)(2)(B) of the AFA (Table 10). The emergency 
interim rule being prepared by NMFS to manage the AFA harvest 
limitations specified for listed catcher/processors will provide 
authority to close directed fishing for groundfish to the listed 
catcher/processors once a

[[Page 71876]]

1999 PSC limitation listed in Table 10 is reached.
    The Council at its November meeting recommended that prohibited 
species caught by listed catcher/processors and listed catcher vessels 
while fishing for pollock accrue against either the midwater pollock or 
the pollock/Atka mackerel/other species fishery categories (see Table 
6).

   Table 10.--Proposed PSC Limits for Catcher/Processor Vessels Described Under Section 208(e) of the American
                                                Fisheries Act 1,2
----------------------------------------------------------------------------------------------------------------
                                                               1995-1997                  1999 PSC
                                                ---------------------------------------  available     1999 C/P
                  PSC species                                                           to trawl  C/  limit \4\
                                                  PSC catch    Total PSC    ratio \3\        Ps
----------------------------------------------------------------------------------------------------------------
Halibut mortality..............................          955       11,325        0.084        3,492          294
Herring........................................           62        5,137        0.012        1,685           20
Red king crab..................................        7,641      473,750        0.016      185,000        2,984
C. bairdi:
    Zone 1.....................................      385,978    2,750,000        0.140      693,750       97,372
    Zone 2.....................................      406,860    8,100,000        0.050    1,737,150       87,256
C. opilio......................................    2,323,731   15,139,178        0.153    4,162,500     638,907
----------------------------------------------------------------------------------------------------------------
\1\ The AFA specifies the manner in which the BSAI pollock TAC must be allocated among industry components and
  also prohibits catcher/processors listed under paragraphs 1-20 of section 208(e) from exceeding the historical
  harvest percentages of prohibited species by such catcher/processors and those listed under section 209
  relative to the total available in the offshore component in BSAI groundfish fisheries in 1995, 1996, and
  1997.
\2\ Amounts are in metric tons.
\3\ The ratio is calculated by dividing the PSC catch by the total PSC available.
\4\ The 1999 prohibited species catch limit is calculated by multiplying the historic ratio by the PSC available
  to listed catcher/processors in 1999.

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 BSAI pollock fishery.
    NMFS has also initiated consultation on the effects of the 1999 
BSAI 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, under the 1999 interim specifications. Pending determinations 
under this consultation, NMFS may initiate emergency rulemaking to 
mitigate any adverse impacts resulting from the BSAI groundfish 
fisheries on listed and candidate species and designated critical 
habitat.
    NMFS prepared an initial regulatory flexibility analysis pursuant 
to the Regulatory Flexibility Act (RFA) that describes the impact this 
proposed specification, if adopted, may have on small entities. This 
action is necessary to establish harvest limits for the BSAI groundfish 
fisheries for the 1999 fishing year. The groundfish fisheries in the 
BSAI are 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 number of fixed gear and trawl catcher vessels 
expected to be operating as small entities in the 1999 BSAI groundfish 
fishery is 302. There are six small organizations, Community 
Development Quota (CDQ) groups, 56 small governmental jurisdictions 
with direct involvement in groundfish CDQ fisheries that are within the 
RFA definition of small entities. 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. 16 U.S.C. 1801 et seq., and 
3631 et seq.

    Dated: December 23, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-34545 Filed 12-24-98; 11:42 am]
BILLING CODE 3510-22-P