[Federal Register Volume 64, Number 1 (Monday, January 4, 1999)]
[Rules and Regulations]
[Pages 50-56]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34728]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 981222313-8320-02; I.D. 122198A]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Area; Interim 1999 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim 1999 harvest specifications for groundfish.
-----------------------------------------------------------------------
SUMMARY: NMFS issues interim 1999 total allowable catch (TAC) amounts
for each category of groundfish, Community Development Quota (CDQ)
amounts, and prohibited species catch (PSC) amounts for the groundfish
fishery of the Bering Sea and Aleutian Islands management area (BSAI).
This action is necessary to conserve and manage the groundfish
resources in the BSAI and is intended to implement the goals and
objectives of the Fishery Management Plan for the Groundfish Fishery of
the Bering Sea and Aleutian Islands Area (FMP).
DATES: The Interim Specifications are effective from 0001 hours, Alaska
local time (A.l.t.), January 1, 1999, until the effective date of the
final 1999 harvest specifications for BSAI groundfish, which will be
published in the Federal Register.
ADDRESSES: 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 Avenue, Suite 306,
Anchorage, AK 99501-2252, telephone 907-271-2809. The Final
Supplemental Environmental Impact Statement as well as the
Environmental Assessment (EA) for the 1999 Groundfish Harvest
Specifications is available from the Alaska Region NMFS, P.O. Box
21668, Juneau, AK 99802-1668, Attn: Lori Gravel.
FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Federal regulations at 50 CFR part 679 that govern the groundfish
fisheries in the BSAI implement the FMP. The North Pacific Fishery
Management Council (Council) prepared the FMP, and NMFS approved it,
under the Magnuson-Stevens Fishery Conservation and Management Act.
General regulations that also pertain to the U.S. fisheries appear at
subpart H of 50 CFR part 600.
The Council met in October 1998 to review scientific information
concerning groundfish stocks. The Council adopted for public review the
preliminary SAFE Report for the 1999 BSAI groundfish fisheries. The
preliminary SAFE Report, dated September 1998, provides an update on
the status of stocks. Copies of the SAFE Report are available from the
Council (see ADDRESSEES). The preliminary TAC amounts for each species
are based on the best available biological and socioeconomic
information. The Council recommended a preliminary total acceptable
biological catch (ABC) of 2,379,976 metric tons (mt) and a preliminary
total TAC of 1,925,000 mt for the 1999 fishing year.
Under Sec. 679.20(c)(1), NMFS published in the December 30, 1998
Federal Register, proposed harvest specifications for BSAI groundfish
for the 1999 fishing year. That document contains a detailed discussion
of the 1999 groundfish harvest specifications and of the proposed 1999
TACs, initial TACs (ITACs) and related apportionments, ABC amounts,
overfishing levels, PSC amounts, and associated management measures of
the BSAI groundfish fishery including detailed information on the
implementation of the American Fisheries Act (AFA).
This action provides interim harvest specifications and
apportionments thereof for BSAI groundfish for the 1999 fishing year
that will become available on January 1, 1999, and remain in effect
until superseded by the final 1999 harvest specifications.
NMFS notes that the Council at its December 1998, meeting requested
NMFS to implement an emergency interim rule establishing conservation
measures to mitigate impacts of the BSAI pollock fishery on Steller sea
lions and their critical habitat. NMFS is currently preparing an
emergency rule to implement parts of the Council's recommendations as
well as other measures necessary to ensure that the pollock trawl
fishery does not jeopardize the continued existence, or adversely
modify the critical habitat, of Steller sea lions. These emergency
measures will likely revise these interim specifications for pollock.
Establishment of Interim TACs
Fifteen percent of the TAC for each target species or species
group, except for the hook-and-line and pot gear allocation of
sablefish, is automatically placed in a non-specified reserve
(Sec. 679.20(b)(1)). The remainder is the initial TAC (ITAC). The AFA
supersedes this provision for pollock because the 1999 TAC for this
species is required to 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. The AFA requires that 10 percent of the pollock
TAC be allocated to a pollock CDQ reserve (section 206). The groundfish
and pollock CDQ reserves are not further apportioned by gear. Fifteen
percent of the groundfish CDQ reserve established for squid, arrowtooth
flounder, and ``other species'' is apportioned 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 prohibited species quota
(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.
After subtraction of the CDQ reserves, 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.
[[Page 51]]
Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of
each proposed ITAC amount and apportionment thereof (not including the
first seasonal allowance of pollock), one-fourth of each prohibited
species catch (PSC) allowance established under Sec. 679.21, and the
first seasonal allowance of pollock TAC become effective 0001 hours,
A.l.t., January 1, on an interim basis and remain in effect until
superseded by the final groundfish harvest specifications.
A proposed rule was published in the Federal Register on November
9, 1998, (63 FR 60288) that would implement measures to mitigate
effects of the Atka mackerel fishery on Steller sea lion critical
habitat. NMFS anticipates that a final rule will be effective by
January 20, 1999, the start of the 1999 trawl season, that will
seasonally apportion the Atka mackerel TACs and revise the interim
specifications for this species.
Apportionment of Pollock TAC to Vessels Using Nonpelagic Trawl Gear
Regulations at Sec. 679.20(a)(5)(i)(B) authorize NMFS, in
consultation with the Council, to limit the amount of pollock that may
be taken in the directed fishery for pollock using nonpelagic trawl
gear. At its June 1998 meeting, the Council adopted management measures
that, if approved by NMFS, would prohibit the use of nonpelagic trawl
gear in the directed fishery for pollock and reduce specified
prohibited species bycatch limits by amounts equal to anticipated
savings in bycatch or bycatch mortality that would be expected from
this prohibition. The Council did not take specific action to allocate
zero amounts of pollock to the 1999 directed fishery for pollock with
nonpelagic trawl gear under Sec. 679.20(a)(5)(i)(B) because
implementation of the Council's June action in time for the 1999
fishery was assumed.
NMFS recognizes that the Council's proposed prohibition on the use
of nonpelagic trawl gear in the BSAI pollock fishery will not be
effective in time for the 1999 pollock ``A'' season fishery that starts
on January 20. Therefore, NMFS allocates 0 mt of the BSAI pollock TAC
to the directed fishery for pollock with nonpelagic trawl gear. The
action is necessary to reduce unnecessary bycatch in the 1999 pollock
fishery and to carry out the Council's intent for this fishery. For
further discussion of this action see the proposed 1999 harvest
specifications for BSAI groundfish published in the Federal Register on
December 30, 1998.
Interim 1999 BSAI Groundfish Harvest Specifications
Table 1 provides interim TAC and CDQ amounts and apportionments
thereof. Regulations at Sec. 679.20(c)(2)(ii) do not provide for an
interim specification for the non-trawl sablefish CDQ reserve or for
sablefish managed under the Individual Fishing Quota (IFQ) management
plan. As a result, fishing for the non-trawl allocation of CDQ
sablefish and sablefish harvested with fixed gear is prohibited until
the effective date of the Final 1999 Groundfish Specifications.
Table 1.--Interim 1999 TAC Amounts for Groundfish and Apportionments
There for the Bering Sea and Aleutian Islands Management Area \1\ \2\
------------------------------------------------------------------------
Species and component (if Area and/or gear Interim Interim
applicable) (if applicable) TAC CDQ
------------------------------------------------------------------------
Pollock \2\
Inshore................. BS.................. 197,012
Catcher/processor....... BS.................. 157,610
Mothership.............. BS.................. 39,402
CDQ..................... BS.................. 46,575
Inshore................. AI.................. 10,067
Catcher/processor....... AI.................. 8,054
Mothership.............. AI.................. 2,013
CDQ..................... AI.................. 2,380
Inshore................. BogDist............. 423
Catcher/processor....... BogDist............. 338
Mothership.............. BogDist............. 85
CDQ..................... BogDist............. 100
---------------------
Total Pollock....... .................. 415,005 49,055
Pacific Cod \3\............. Jig................. 893
H/L & Pot........... 22,759
Trawl C/Vs.......... 10,487
Trawl C/Ps.......... 10,487
CDQ..................... .................. 3,938
---------------------
Total Pacific cod... .................. 44,625 3,938
Sablefish \4\ \5\........... BS-Trawl............ 138 12
BS-H/L & Pot........ N/A N/A
AI-Trawl............ 73 6
AI-H/L & Pot........ N/A N/A
---------------------
Total Sablefish..... .................. 211 18
Atka mackerel \6\........... Western AI.......... 5,738 506
Central AI.......... 4,760 420
Eastern AI/BS....... 3,166 279
Jig gear............ 32
Other gear.......... 3,135
---------------------
Total Atka mackerel. .................. 13,664 1,205
Yellowfin sole.............. BSAI................ 46,750 4,125
Rock sole................... BSAI................ 21,250 1,875
[[Page 52]]
Greenland turbot............ BS.................. 2,136 188
AI.................. 1,052 93
---------------------
Total Greenland .................. 3,188 281
turbot.
Arrowtooth flounder......... BSAI................ 3,400 255
Flathead sole............... BSAI................ 21,250 1,875
Other flatfish \7\.......... BSAI................ 19,005 1,677
Pacific ocean perch......... BS.................. 298 26
Western AI.......... 1,186 105
Central AI.......... 733 65
Eastern AI.......... 652 57
---------------------
Total Pacific ocean .................. 2,869 253
perch.
Other red rockfish \8\...... BS.................. 57 5
Sharpchin/Northern.......... AI.................. 899 79
Shortraker/Rougheye......... AI.................. 205 18
Other rockfish \9\.......... BS.................. 78 7
AI.................. 146 13
---------------------
Total other rockfish .................. 224 20
Squid....................... BSAI................ 419 31
Other Species \10\.......... BSAI................ 5,483 411
Non-specified CDQ reserve BSAI................ 123
\11\.
---------------------
Total interim TAC... .................. 601,668 65,246
------------------------------------------------------------------------
\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 purposes of these
specifications, the BS includes the Bogoslof District (BogDist).
\2\ After subtraction of the pollock CDQ amount (10 percent of the TAC)
and the incidental catch allowance (6 percent of the remainder of the
TAC), the ITAC amounts of pollock for each subarea or district are
then divided into A and B seasonal allowances. (See Sec.
679.20(a)(5)(i).) For the BS subarea, the A and B seasonal
apportionments are 45 and 55 percent of the pollock ITAC amounts,
respectively. The AI subarea and the Bogoslof District receive 100
percent of their respective ITAC seasonal allowances during the A
season with the remainder of the respective ITAC seasonal allowance
during the B season. Component allocations of the ITAC amounts are 50
percent for the Inshore, 40 percent for listed catcher/processors, and
10 percent to vessels delivering to Motherships. The first seasonal
allowance of the pollock component allocations are in effect on
January 1 as an interim TAC. NMFS, under regulations at Sec.
679.20(a)(5)(i)(B), allocates 0 mt of pollock to nonpelagic trawl
gear. This action is based on Council intent to prohibit the use of
nonpelagic trawl gear in 1999 because of concerns of unnecessary
bycatch with bottom trawl gear in the pollock fishery.
\3\ After subtraction of the reserves, the ITAC amount for Pacific cod
is allocated 2 percent to vessels using jig gear, 51 percent to H/L
gear, and 47 percent to Trawl. The Pacific cod allocation to trawl
gear is split evenly between catcher vessels and catcher/processor
vessels (See Sec. 679.20(a)(7)(i)). Pacific cod ITAC seasonal
apportionments to vessels using H/L or pot gear are not reflected in
the interim TAC amounts. One-fourth of the ITAC gear apportionments
are in effect on January 1 as an interim TAC.
\4\ Sablefish gear allocations are as follows: In the BS subarea, trawl
gear is allocated 50 percent and H/L and pot gear is allocated 50
percent of the TAC. In the AI subarea, trawl gear is allocated 25
percent, and H/L and pot gear is allocated 75 percent of the TAC (See
Sec. 679.20(a)(4)(iii) and (iv)). Fifteen percent of the sablefish
trawl gear allocation is placed in the nonspecific reserve. One-fourth
of the ITAC amount for trawl gear is in effect January 1 as an interim
TAC amount.
\5\ The sablefish H/L gear fishery is managed under the IFQ program and
subject to regulations contained in subpart D of 50 CFR part 679.
Twenty percent of the sablefish H/L and pot gear final TAC amount will
be reserved for use by CDQ participants. (See Sec. 679.31(c).)
Existing regulations at Sec. 679.20(c)(2)(ii) do not provide for an
interim specification for the CDQ sablefish reserve or for an interim
specification for sablefish managed under the IFQ program. In
addition, in accordance with Sec. 679.7(f)(3), retention of sablefish
caught with fixed gear is prohibited unless the harvest is authorized
under a valid IFQ permit and IFQ card. In 1999, IFQ permits and IFQ
cards will not be valid prior to the effective date of the 1999 final
specifications. Thus, fishing for sablefish with fixed gear is not
authorized under these interim specifications. See subpart D of 50 CFR
part 679 and Sec. 679.23(g) for guidance on the annual allocation of
IFQ and the sablefish fishing season.
\6\ 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.
\7\ ``Other flatfish'' includes all flatfish species except for Pacific
halibut (a prohibited species), flathead sole, Greenland turbot, rock
sole, arrowtooth flounder, and yellowfin sole.
\8\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and
northern rockfish in the BS subarea.
\9\ ``Other rockfish'' includes all Sebastes and Sebastolobus species
except for Pacific ocean perch, sharpchin, northern, shortraker, and
rougheye rockfish.
\10\ ``Other species'' includes sculpins, sharks, skates, eulachon,
smelts, capelin, and octopus.
\11\ Fifteen percent of the groundfish CDQ reserve established for
squid, arrowtooth flounder, and ``other species'' is allocated to a
non-specific CDQ reserve ( Sec. 679.31(g)).
Pollock Allocations Under the AFA
The AFA specifies the manner in which the BSAI pollock TAC must be
allocated among industry components. Under section 206 of the AFA, 10
percent of the BSAI pollock TAC is 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 harvesting other groundfish species, is allocated:
50 percent to catcher vessels harvesting pollock for processing by the
inshore component, 40 percent to listed catcher/processors and listed
catcher vessels harvesting pollock for processing by listed catcher/
processors in the offshore component, and 10 percent to catcher vessels
harvesting pollock for processing by listed motherships in the offshore
component (Table 1). For 1999, NMFS has proposed
[[Page 53]]
an incidental catch allowance of 6 percent of the pollock TAC after
subtraction of the 10 percent CDQ reserve. The considerations leading
to this proposal are discussed in the proposed 1999 harvest
specifications for BSAI groundfish which was published in the Federal
Register on December 30, 1998.
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, section 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, section 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. The interim allocations and catch limits are equal to
the proposed pollock ``A'' season specifications set out in Table 2 of
the proposed specifications.
Interim Allocation of PSC Limits for Crab, Halibut, and Herring
Under Sec. 679.21(e), annual PSC limits are specified for red king
crab, Chionoecetes (C.) bairdi Tanner crab, and C. opilio crab in
applicable Bycatch Limitation Zones (see Sec. 679.2) of the BS subarea,
and for Pacific halibut and Pacific herring throughout the BSAI.
Regulations under Sec. 679.21(e) authorize the apportionment of each
PSC limit into PSC allowances for specified fishery categories. Under
Sec. 679.21(e)(1)(i), 7.5 percent of each PSC limit specified for
halibut, crab, and salmon is reserved as a PSQ reserve for use by the
groundfish CDQ program.
Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of
each proposed PSC and PSQ allowance be made available on an interim
basis for harvest at the beginning of the fishing year, until
superseded by the final harvest specifications. The fishery specific
interim PSC allowances for halibut and crab are specified in Table 2
and are in effect at 0001 hours, A.l.t., January 1, 1999.
Table 2.--Interim 1999 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Prohibited species and zone
---------------------------------------------------------------------------------
Red King C. bairdi (animals)
Trawl Fisheries Halibut mortality Herring Crab C. opilio -------------------------
(mt) BSAI (mt) (animals) (animals)
BSAI Zone 1 COBLZ \2\ Zone 1 \1\ Zone 2 \1\
-------------------------------------------------------------------\1\------------------------------------------
Yellowfin sole................ 232 66 4,625 759,656 63,898 221,487
Rock sole/oth.flat/flat sole 184 5 24,688 187,313 68,462 73,829
\3\.
RKCSS \4\..................... ..................... ....... 10,000 ........... ........... ...........
Turbot/sablefish/arrowtooth ..................... ....... ......... 10,406 ........... ...........
\5\.
Rockfish...................... 17 2 ......... 10,406 ........... 1,448
Pacific cod................... 358 5 3,469 31,219 30,808 40,327
Midwater trawl pollock........ ..................... 305 ......... ........... ........... ...........
Pollock/Atka/other \6\........ 81 38 3,469 41,625 10,269 97,198
---------------------------------------------------------------------------------
Total Trawl PSC........... 873 421 46,250 1,040,625 173,437 434,288
Non-Trawl Fisheries
Pacific cod............... 187
Other non-trawl........... 21
Groundfish pot & jig...... exempt
Sablefish hook & line..... exempt
Total Non-Trawl....... 208
---------------------------------------------------------------------------------
PSQ Reserve \7\............... 88 ....... 3,750 84,375 14,063 35,212
=================================================================================
Grand Total........... 1,169 421 50,000 1,125,000 187,500 469,500
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec. 679.21(e)(7)(iv)(B).
\3\ Rock sole, other flatfish, and flathead sole category.
\4\ The Council at its October 1998 meeting allocated 10,000 red king crab to the RKCSS (Sec.
679.21(e)(3)(ii)(B)).
\5\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\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.
NMFS will issue fishery closures based on these interim
specifications if the Regional Administrator, Alaska Region, NMFS,
determines that interim TAC amounts are required as incidental catch to
support other anticipated groundfish fisheries or if the PSC allowance
for a fishery has been reached. NMFS may also issue other closures
based on the final 1999 harvest specifications.
Protections for Other Fisheries Under the AFA
Section 211(b)(2)(A) of the AFA prohibits listed catcher/processors
from harvesting 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 be
deducted from the open access groundfish allocations and would not be
deducted from the 1999 interim harvest limits for the listed catcher/
processors. Except for Atka mackerel, the catch limitations specified
for the
[[Page 54]]
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 groundfish harvest amounts by these vessels
in the BSAI from 1995 through 1997 are shown in Table 3. These data
were used to calculate the relative amount of non-pollock groundfish
TACs harvested by listed 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.
These annual limits may be higher than the interim TAC, which is 25
percent of the ITAC. If the interim TAC is less than the listed
catcher/processor limit then the listed catcher/processors would be
prohibited from exceeding a harvest amount greater than the interim TAC
as specified in Table 1. However, listed catcher/processors are not
restricted to 25 percent of their 1999 limit (Table 3) under the
interim TAC specifications.
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 Atka mackerel,
Pacific cod, and yellowfin sole. The interim 1999 harvest limits for
other species may not be sufficient to allow for both a directed
fishery and for incidental catch requirements in other directed
fisheries. NMFS intends to manage conservatively the listed catcher/
processor harvest limitations 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.
Table 3.--Interim Historical Catch Ratio, 1999 Aggregate Catch Limits, and 1999 Catch Limits for Vessels Listed
Under Section 208 of the American Fisheries Act \1\
----------------------------------------------------------------------------------------------------------------
1995-1997 1999 ITAC
--------------------------------- available 1999
Target species \2\ Area Total Available to trawl harvest
catch TAC Ratio \3\ C/Ps limit \4\
----------------------------------------------------------------------------------------------------------------
Atka mackerel \5\............... 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 \6\........... BSAI................... 13,547 51,450 0.263 41,948 11,045
Pacific ocean perch \7\......... 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 \8\............. 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
prohibits catcher/processors listed under paragraphs 1-20 of section 208(e) from exceeding the historical non-
pollock 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 in 1995, 1996, and 1997. Amounts are in
metric tons.
\2\ For further definitions of target species see Table 1.
\3\ The ratio is calculated by dividing the total catch by the available TAC.
\4\ The 1999 harvest limit for listed catcher/processors is calculated by multiplying the historic catch ratio
by the 1999 proposed ITAC available to trawl catcher/processors.
\5\ In section 211(b)(2)(C) of the AFA, catcher/processors listed 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
Aleutian Islands area and 20 percent in the Western Aleutian Islands area. It is prohibited for listed catcher/
processors to harvest Atka mackerel in the Eastern Aleutian Islands and Bering Sea subarea.
\6\ For Pacific cod, 47 percent of the ITAC is allocated to trawl, and of that 50 percent is available for
catcher/processors. Separate catcher/processor and catcher/vessel allocations became effective in 1997,
therefore only data from 1997 was used to calculate the historic ratio.
\7\ Apportionments to western, central, and eastern Aleutian Islands subareas began in 1996, therefore only data
from 1996 and 1997 was used to calculate the historic ratio.
\8\ 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)(A) 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 fishery
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 fisheries from 1995
through 1997 is shown in Table 4. These data were used to calculate the
relative
[[Page 55]]
amount of prohibited species bycatch limits harvested by listed
catcher/processors, and then used to determine the proposed prohibited
species harvest limits for listed catcher/processors in the 1999 non-
pollock fisheries. Regulations at Sec. 679.21(e)(7)(vii) and (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.
The Council at its November 1998 meeting proposed 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 (Table 2).
However, PSC that is caught by listed catcher/processors participating
in groundfish fisheries other than pollock (Table 3), shall accrue
against the 1999 PSC limits for the listed catcher/processors as
outlined in section 211(b)(2)(B) of the AFA (Table 4). The emergency
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
1999 PSC limitation listed in Table 4 is reached.
Table 4.--Proposed PSC Limits for Vessels Listed Under Section 208 of the American Fisheries Act \1\
----------------------------------------------------------------------------------------------------------------
1995-1997 1999 PSC
PSC species --------------------------------------- available 1999
PSC catch Total PSC Ratio to C/Ps limit \3\
-----------------------------------------------------------------------------------\2\--------------------------
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
prohibits catcher/processors listed under sections 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. Amounts are in metric tons.
\2\ The ratio is calculated by dividing the PSC catch by the total PSC available.
\3\ The 1999 prohibited species catch limit for listed catcher/processors is calculated by multiplying the
historic ratio by the PSC available in 1999. The 1999 PSC limit is based on an annual amount and is not
reduced on an interim basis.
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 were discussed at the December 1998 Council meeting.
On December 16, 1998, NMFS issued revised reasonable and prudent
alternatives based on the Council's recommendations adopted during its
December meeting, which adhere to the principles identified in the
December 3, 1998, Biological Opinion. NMFS will implement measures
necessary to comply with the RPAs prior to the start of the 1999
pollock trawl fishery. If these measures are not in place by the
scheduled regulatory opening on January 20, 1999, then NMFS will close
the pollock trawl fishery.
NMFS also initiated consultation on the effects of the 1999 BSAI
groundfish fisheries (excluding pollock and Atka mackerel) on listed
and candidate species, including the Steller sea lion and listed
seabirds, and on designated critical habitat. The Biological Opinion
prepared for this consultation, dated December 22, 1998, concludes that
groundfish fisheries in the BSAI (excluding pollock and Atka mackerel)
are not likely to jeopardize the continued existence of the listed and
candidate species, or to adversely modify designated critical habitat.
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 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
BSAI groundfish fisheries on listed and candidate species and
designated critical habitat.
The Assistant Administrator, NMFS (AA), finds for good cause under
5 U.S.C. 553(b)(B) that the need to establish interim total allowable
catch levels and other management measures for fisheries in the BSAI,
effective on January 1, 1999, makes it impracticable and contrary to
the public interest to provide prior notice and opportunity for public
comment on this rule. Likewise, the AA finds for good cause under 5
U.S.C. 553(d)(3) that the need to establish interim TACs levels and
other management measures in the BSAI, effective January 1, 1999, makes
it impractical and contrary to the public interest to delay the
effective date of the limits and measures for 30 days. Regulations at
Sec. 679.20(c)(2) require NMFS to specify interim harvest
specifications to be effective on January 1 and remain in effect until
superseded by the final specifications in order for the BSAI groundfish
fishing season to begin on January 1 (see Sec. 679.23). Without interim
specifications in effect on January 1, the groundfish fisheries would
not be able to open on that date, which would result in unnecessary
closures and disruption within the fishing industry. Because the stock
assessment reports and other information concerning the fisheries in
the BSAI became available only recently, NMFS is not able to provide an
opportunity for comment on the interim specifications. NMFS anticipates
that the interim specifications will be in
[[Page 56]]
effect for only a short period of time before they are superseded by
the final specifications. The proposed 1999 harvest specifications for
groundfish of the BSAI were published in the Federal Register on
December 30, 1998 and provide the opportunity for public comment. The
interim specification will be effective January 1, 1999.
Because these interim specifications are not required to be issued
with prior notice and opportunity for public comment, the analytical
requirements of the Regulatory Flexibility Act do not apply.
Consequently, no regulatory flexibility analysis has been prepared.
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
Dated: December 28, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-34728 Filed 12-28-98; 4:23 pm]
BILLING CODE 3510-22-P