[Federal Register Volume 64, Number 1 (Monday, January 4, 1999)]
[Rules and Regulations]
[Pages 46-50]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34729]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981222314-8321-02; I.D. 121698B]


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Interim 1999 Harvest Specifications

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

ACTION: Interim 1999 harvest specifications for groundfish and 
associated management measures.

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SUMMARY: NMFS issues interim 1999 total allowable catch (TAC) amounts 
for each category of groundfish and specifications for prohibited 
species bycatch allowances for the groundfish fishery of the Gulf of 
Alaska (GOA). This action is necessary to conserve and manage the 
groundfish resources in the GOA and is intended to implement the goals 
and objectives of the Fishery Management Plan for Groundfish of the 
Gulf of Alaska (FMP).

DATES: Effective 0001 hrs, Alaska local time (A.l.t.), January 1, 1999, 
until the effective date of the final 1999 harvest specifications for 
GOA 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 907-586-7237. The Final 
Supplemental Environmental Impact Statement as well as an Environmental 
Assessment prepared for this action and the final 1999 GOA groundfish 
specifications may be obtained from the Alaska Region, NMFS, P.O. Box 
21668, Juneau, Alaska 99801-21668, Attn: Lori Gravel.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Federal regulations at 50 CFR part 679 that implement the FMP 
govern the groundfish fisheries in the GOA. The North Pacific Fishery 
Management Council (Council) prepared the FMP, and NMFS approved it 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). General regulations that also 
pertain to the U.S. fisheries appear at 50 CFR part 600.
    The Council met October 7 to 12, 1998, to review scientific 
information concerning groundfish stocks. At that meeting, the Council 
adopted the preliminary SAFE Report for the 1999 GOA groundfish 
fisheries. The preliminary SAFE Report, dated September 1998, provides 
an update on the status of stocks. Copies of the preliminary SAFE 
Report are available for public review from the Council (see 
ADDRESSES). The Council recommended a preliminary total TAC of 327,046 
metric tons (mt) and a preliminary total acceptable biological catch of 
548,650 mt for the 1999 fishing year.
    Under Sec. 679.20(c)(1)(ii), NMFS published in the December 30, 
1998 Federal Register, the proposed initial harvest specifications for 
groundfish and associated management measures in the GOA for the 1999 
fishing year. That action discusses in detail the 1999 specification 
process, as well as 1999 proposed specifications, reserves, 
apportionments for groundfish, and PSC limits.
    This action provides interim harvest specifications and 
apportionments thereof of GOA 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, 
by emergency interim rule, conservation measures to mitigate impacts of 
the GOA pollock fishery on Steller sea lions and their critical 
habitat. Prior to the opening of the 1999 pollock trawl fisheries, NMFS 
will implement measures necessary to ensure that the pollock trawl 
fisheries do not jeopardize the continued existence, or adversely 
modify the critical habitat, of Steller sea lions. NMFS will revise the 
pollock interim specifications accordingly.

Establishment of Interim TACs

    Regulations at Sec. 679.20(c)(2) require that one-fourth of each 
proposed TAC and apportionment thereof (not including the reserves and 
the first seasonal allowance of pollock), one-fourth of the proposed 
halibut prohibited species catch (PSC) amounts, and the proposed first 
seasonal allowance of pollock become available for harvest at 0001 
hours, A.l.t., January 1, on an interim basis and remain in effect 
until superseded by the final harvest specifications.
    On December 16, 1998, NMFS approved portions of Amendment 51 to the 
FMP, which allocate 100 percent of the pollock TAC and 90 percent of 
the Pacific cod TAC to vessels catching pollock and Pacific cod for 
processing by the inshore component. Ten percent of the Pacific cod TAC 
is allocated to vessels catching Pacific cod for processing by the 
offshore component.
    The reserves for the GOA are 20 percent of the TAC amounts for 
pollock, Pacific cod, flatfish species, and the ``other species'' 
category. The GOA groundfish TAC amounts have been fully utilized since 
1987. NMFS expects this trend to continue in 1999, and, with the 
exception of Pacific cod, has proposed reapportioning all the reserves 
to TAC.
    The Pacific cod fishery in the GOA has become increasingly 
difficult to manage. The increased number of participants, unexpected 
increases in harvest rates, and unexpected shifts to other management 
areas and targets in the GOA have resulted in overharvests of Pacific 
cod in some areas. Therefore, NMFS proposed to initially reserve 20 
percent of the Pacific cod TACs in the GOA as a management buffer to 
prevent exceeding the Pacific cod TAC.
    With the exception of Pacific cod, the interim TAC amounts 
contained in Table 1 to this part reflect the

[[Page 47]]

reapportionment of reserves back to the TAC.

Interim 1999 GOA Groundfish Harvest Specifications and 
Apportionments

    Table 1 to this part provides interim TAC amounts, interim TAC 
allocations of Pacific cod to the inshore and offshore components, the 
first seasonal allowance of pollock in the combined Western and Central 
regulatory areas, and interim sablefish TAC apportionments to hook-and-
line and trawl gear. These interim TAC amounts and apportionments 
become effective at 0001 hours, A.l.t., January 1, 1999. This table 
also lists inshore/offshore allocations of Pacific cod that will be 
effective under the final rule implementing the inshore/offshore 
allocations of Pacific cod authorized under Amendment 51 to the FMP 
that was approved by NMFS on December 16, 1998.

    Table 1.--Interim 1999 TAC Amounts of Groundfish for the Combined
    Western/Central (W/C), Western (W), Central (C), and Eastern (E)
   Regulatory Areas, and in the West Yakutat (WYak), Southeast Outside
 (SEO), and Gulfwide (GW) Districts of the Gulf of Alaska (GOA);\1\ \2\
 the First Seasonal Allowances of Pollock in the Combined W/C Regulatory
 Areas; Interim Sablefish TAC Apportionments to Hook-and-Line (H/L) and
                            Trawl (TRW) Gear
------------------------------------------------------------------------
                                                            Interim TAC
            Species                        Area                (mt)
------------------------------------------------------------------------
Pollock 3 4
                                 W (610)                           7,450
                                 C (620)                          12,510
                                 C (630)                           9,830
                                                         ---------------
    Subtotal...................  W/C                              29,790
                                 E                                 1,395
                                                         ===============
    Total......................  .......................          31,185
Pacific cod \5\
    Inshore....................  W                                 4,171
    Offshore...................  W                                   436
    Inshore....................  C                                 7,510
    Offshore...................  C                                   834
    Inshore....................  E                                   211
    Offshore...................  E                                    23
                                                         ---------------
    Total......................  .......................          12,523
Flatfish, Deep-water \6\
                                 W                                    85
                                 C                                   923
                                 E                                   785
                                                         ---------------
    Total......................  .......................           1,793
Rex sole
                                 W                                   298
                                 C                                 1,373
                                 E                                   618
                                                         ---------------
    Total......................  .......................           2,288
Flathead sole
                                 W                                   500
                                 C                                 1,250
                                 E                                   510
                                                         ---------------
    Total......................  .......................           2,260
Flatfish, Shallow-water \7\
                                 W                                 1,125
                                 C                                 3,238
                                 E                                   295
                                                         ---------------
    Total......................  .......................           4,658
Arrowtooth flounder
                                 W                                 1,250
                                 C                                 6,250
                                 E                                 1,250
                                                         ---------------
    Total......................  .......................           8,750
Sablefish 8 9 10
    H/L........................  W                              N/A(368)
    TRW........................  W                                    92
    H/L........................  C                            N/A(1,264)
    TRW........................  C                                   316
    TRW........................  E                                    75
    H/L........................  WYak                           N/A(543)
    H/L........................  SEO                            N/A(872)
                                                         ---------------

[[Page 48]]

 
    Total......................  .......................           3,530
Pacific ocean perch \11\
                                 W                                   453
                                 C                                 1,650
                                 E                                   592
                                                         ---------------
    Total......................  .......................           2,694
Shortraker/rougheye \12\
                                 W                                    40
                                 C                                   242
                                 E                                   115
                                                         ---------------
    Total......................  .......................             397
Rockfish, northern \13\
                                 W                                   210
                                 C                                 1,037
                                 E                                     3
                                                         ---------------
    Total......................  .......................           1,250
Rockfish, other 14 15
                                 W                                     5
                                 C                                   162
                                 E                                   375
                                                         ---------------
    Total......................  .......................             542
Rockfish, pelagic shelf \16\
                                 W                                   155
                                 C                                   815
                                 E                                   250
                                                         ---------------
    Total......................  .......................           1,220
Rockfish, demersal shelf SEO
 \17\
                                 SEO                                 140
Thornyhead rockfish
                                 W                                    63
                                 C                                   178
                                 E                                   260
                                                         ---------------
    Total......................  .......................             500
Atka mackerel
                                 GW                                  150
    Other species \18\.........  .......................           3,893
                                                         ---------------
    GOA Total Interim TAC......  .......................          78,462
(Interim TAC amounts have been
 rounded.)
------------------------------------------------------------------------
\1\ Reserves have been reapportioned back to each species TAC and are
  reflected in the interim TAC amounts except for Pacific cod. (See Sec.
   679.20(a)(2).)
\2\ See Sec.  679.2 for definitions of regulatory area and statistical
  area. See Figure 3b to part 679 for a description of regulatory
  district.
\3\ Pollock is apportioned to three statistical areas in the combined
  Western/Central Regulatory Area, and is further divided into three
  allowances of 25 percent, 35 percent, and 40 percent. The first
  allowances are in effect on an interim basis as of January 1, 1999. In
  the Eastern Regulatory Area, pollock is not divided into less than
  annual allowances, and one-fourth of the TAC is available on an
  interim basis.
\4\ Under Amendment 51 of the FMP approved by NMFS on December 16, 1998,
  the pollock TAC in all regulatory areas will be allocated 100 percent
  to vessels catching groundfish for processing by the inshore component
  after subtraction of amounts that are determined by the Regional
  Administrator, NMFS, to be necessary to support the bycatch needs of
  the offshore component in directed fisheries for other groundfish
  species. At this time, these bycatch amounts are unknown and will be
  determined during the fishing year. (See Sec.  679.20(a)(6)(ii)).
\5\ The Pacific cod TAC in all regulatory areas is allocated 90 percent
  to vessels catching groundfish for processing by the inshore component
  and 10 percent to vessels catching groundfish for processing by the
  offshore component. (See Sec.  679.20(a)(6)(iii).)
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot and
  deepsea sole.
\7\ ``Shallow-water flatfish'' means flatfish not including ``deep-water
  flatfish'', flathead sole, rex sole, or arrowtooth flounder.
\8\ Sablefish TAC amounts for each of the regulatory areas and districts
  are assigned to hook-and-line and trawl gear. In the Central and
  Western Regulatory Areas, 80 percent of the TAC is allocated to hook-
  and-line gear and 20 percent to trawl gear. In the Eastern Regulatory
  Area, 95 percent of the TAC is assigned to hook-and-line gear. Five
  percent is allocated to trawl gear and may only be used as bycatch to
  support directed fisheries for other target species. (See Sec.
  679.20(a)(4).)

[[Page 49]]

 
\9\ The sablefish hook-and-line (H/L) gear fishery is managed under the
  Individual Fishing Quota (IFQ) program and is subject to regulations
  contained in subpart D of 50 CFR part 679. Annual IFQ amounts are
  based on the final TAC amount specified for the sablefish H/L gear
  fishery as contained in the final specifications for groundfish. Under
  Sec.  679.7(f)(3), retention of sablefish caught with H/L 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 H/L gear will not be authorized under these
  interim specifications. Nonetheless, interim amounts are shown in
  parentheses to reflect assignments of one-fourth of the proposed TAC
  amounts among gear categories and regulatory areas in accordance with
  Sec.  679.20(c)(2)(i). See Sec.  679.40 for guidance on the annual
  allocation of IFQ.
\10\ Sablefish caught in the GOA with gear other than hook-and-line or
  trawl gear must be treated as prohibited species and may not be
  retained.
\11\ ``Pacific ocean perch'' means Sebastes alutus.
\12\ ``Shortraker/rougheye rockfish'' means Sebastes borealis
  (shortraker) and S. aleutianus (rougheye).
\13\ ``Northern rockfish'' means Sebastes polyspinis.
\14\ ``Other rockfish'' in the Western and Central Regulatory Areas and
  in the West Yakutat District means slope rockfish and demersal shelf
  rockfish. The category ``other rockfish'' in the Southeast Outside
  District means slope rockfish.
\15\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus
  (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S.
  crameri (darkblotch), S. elongatus (greenstriped), S. variegateu
  (harlequin), S. wilsoni (pygmy), S. proriger (redstripe), S. zacentrus
  (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S.
  diploproa (splitnose), S. saxicola (stripetail), S. miniatus
  (vermilion), S. babcocki (redbanded), and S. reedi (yellowmouth).
\16\ ``Pelagic shelf rockfish'' includes Sebastes ciliatus (dusky), S.
  entomelas (widow), and S. flavidus (yellowtail). ``Offshore Pelagic
  shelf rockfish'' includes S. ciliatus (dusky), S. entomelas (widow),
  and S. flavidus (yellowtail).
\17\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S.
  nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
  helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus
  (yelloweye).
\18\ ``Other species'' includes sculpins, sharks, skates, squid, and
  octopus. The TAC for ``other species'' equals 5 percent of the TAC
  amounts of target species.

Interim Halibut PSC Mortality Limits

    Under Sec. 679.21(d), annual Pacific halibut PSC mortality limits 
are established for trawl and hook-and-line gear and may be established 
for pot gear. The Council recommended that the 1998 halibut mortality 
limits be reestablished for 1999 because no new information was 
available. Consistent with 1998, the Council recommended exemptions for 
pot gear, jig gear, and the sablefish hook-and-line fishery from 
halibut PSC limits for 1999. The interim PSC limits take effect on 
January 1, 1999, and remain in effect until superseded by the final 
1999 harvest specifications. The interim halibut PSC limits are: (1) 
500 mt to trawl gear, (2) 75 mt to hook-and-line gear for fisheries 
other than demersal shelf rockfish, and (3) 2.5 mt to hook-and-line 
gear for the demersal shelf rockfish fishery in the Southeast Outside 
District.
    Regulations at Sec. 679.21(d)(3)(iii) authorize apportionments of 
the trawl halibut PSC limit allowance as bycatch allowances to a deep-
water species complex; comprising rex sole, sablefish, rockfish, deep-
water flatfish, and arrowtooth flounder, and to a shallow-water species 
complex; comprising pollock, Pacific cod, shallow-water flatfish, 
flathead sole, Atka mackerel, and ``other species''. The interim 1999 
apportionment for the shallow-water species complex is 417 mt and for 
the deep-water species complex is 83 mt.
    NMFS will implement fishery closures for those fisheries where 
insufficient interim TAC exists to support a directed fishery. The 
closures will be implemented prior to the beginning of the 1999 fishing 
year.

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 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 Bering Sea/Aleutian Island Management Area, 
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. At 
its December meeting, the Council recommended specific measures 
necessary to implement the RPAs. 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. 
Prior to the start of the 1999 pollock fishery, NMFS will implement 
these measures through emergency rulemaking.
    NMFS also initiated consultation on the effects of the 1999 GOA 
groundfish fisheries (excluding pollock) 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 GOA (excluding pollock) are not likely to jeopardize 
the continued existence of the listed and candidate species, or to 
adversely modify designated critical habitat.
    The Assistant Administrator for Fisheries (AA), NOAA, finds for 
good cause under 5 U.S.C. 553(b)(B) that the need to establish interim 
total allowable catch level limitations and related management measures 
for fisheries in the GOA, 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. Likwise, the AA 
finds for good cause under 5 U.S.C. 553(d)(3) that the need to 
establish interim TAC levels and other management measures in the GOA, 
effective on 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 
GOA 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 January 1, 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 GOA 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 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 GOA have been published in the

[[Page 50]]

Federal Register on December 30, 1998, and provide the opportunity for 
public comment. The interim specifications 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. and 1801 et seq.

    Dated: December 28, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-34729 Filed 12-28-98; 4:55 pm]
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