[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Rules and Regulations]
[Pages 29809-29810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14044]



[[Page 29809]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 052499E]


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

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

ACTION: Pacific halibut and red king crab bycatch rate standards; 
request for comments.

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SUMMARY: NMFS announces Pacific halibut and red king crab bycatch rate 
standards for the second half of 1999. Regulations that implement the 
vessel incentive program require publication of these bycatch rate 
standards for trawl vessel operators who participate in the Alaska 
groundfish trawl fisheries. The intent of this action is to reduce 
prohibited species bycatch rates and promote conservation of groundfish 
and other fishery resources.

DATES: Effective 1201 hours, Alaska local time (A.l.t.), July 1, 1999, 
through 2400 hours, A.l.t., December 31, 1999. Comments on this action 
must be received at the following address no later than 4:30 p.m., 
A.l.t., June 28, 1999.

ADDRESSES: Comments should be mailed to Sue Salveson, Assistant 
Regional Administrator, Sustainable Fisheries Division, NMFS, P.O. Box 
21668, Juneau, AK 99802-1668, Attn: Lori Gravel; or be delivered to 709 
West 9th Street, Federal Building, Room 401, Juneau, AK.

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

SUPPLEMENTARY INFORMATION:
    NMFS manages the domestic groundfish fisheries in the exclusive 
economic zone of the Bering Sea and Aleutian Islands management area 
(BSAI) and Gulf of Alaska (GOA) according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area and the Fishery Management Plan for Groundfish of the Gulf of 
Alaska (FMPs). The North Pacific Fishery Management Council (Council) 
prepared the FMPs under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act and are implemented by regulations 
governing the U.S. groundfish fisheries at 50 CFR part 679.
    Regulations at Sec. 679.21(f) implement a vessel incentive program 
to reduce halibut and red king crab bycatch rates in the groundfish 
trawl fisheries. Under the incentive program, operators of trawl 
vessels may not exceed Pacific halibut bycatch rate standards specified 
for the BSAI and GOA midwater pollock and ``other trawl'' fisheries, 
and the BSAI yellowfin sole and ``bottom pollock'' fisheries. Vessel 
operators also may not exceed red king crab bycatch standards specified 
for the BSAI yellowfin sole and ``other trawl'' fisheries in Bycatch 
Limitation Zone 1 (defined in Sec. 679.2). The fisheries included under 
the incentive program are defined in regulations at Sec. 679.21(f)(2).
    Regulations at Sec. 679.21(f)(3) require that halibut and red king 
crab bycatch rate standards for each fishery included under the 
incentive program be published in the Federal Register. The standards 
are in effect for specified seasons within the 6-month periods of 
January 1 through June 30, and July 1 through December 31. For purposes 
of calculating vessel bycatch rates under the incentive program, 1999 
fishing months were specified in the Federal Register on November 25, 
1998 (63 FR 65129).
    Halibut and red king crab bycatch rate standards for the first half 
of 1999 also were published in the Federal Register (63 FR 65129, 
November 25, 1998). As required by Sec. 679.21(f)(3) and (4), the 
Administrator of the Alaska Region, NMFS (Regional Administrator), has 
established the bycatch rate standards for the second half of 1999 
(July 1 through December 31). These standards were endorsed by the 
Council at its April 1999 meeting and are set out in Table 1. As 
required by Sec. 679.21(f)(4), bycatch rate standards are based on the 
following information:
    (A) Previous years' average observed bycatch rates;
    (B) Immediately preceding season's average observed bycatch rates;
    (C) The bycatch allowances and associated fishery closures 
specified under Secs. 679.20 and 679.21;
    (D) Anticipated groundfish harvests;
    (E) Anticipated seasonal distribution of fishing effort for 
groundfish; and
    (F) Other information and criteria deemed relevant by the Regional 
Administrator.

 TABLE 1-- BYCATCH RATE STANDARDS BY FISHERY FOR THE SECOND HALF OF 1999
    FOR PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI AND GOA
  (Halibut bycatch rate standards kilograms (kg) of halibut/metric ton
                        (mt) of groundfish catch)
------------------------------------------------------------------------
                 Fishery                    1999 bycatch rate standard
------------------------------------------------------------------------
BSAI Midwater pollock                                               1.0
BSAI Bottom pollock                                                 5.0
BSAI Yellowfin sole                                                 5.0
BSAI Other trawl                                                   30.0
GOA Midwater pollock                                                1.0
GOA Other trawl                                                    40.0
   Zone 1 red king crab bycatch rate standards (number of crabs/mt of
                            groundfish catch)
BSAI yellowfin sole                                                 2.5
BSAI Other trawl                                                    2.5
------------------------------------------------------------------------

Bycatch Rate Standards for Pacific Halibut

    The halibut bycatch rate standards for the 1999 trawl fisheries are 
unchanged from those implemented in 1998. The Regional Administrator 
based standards for the second half of 1999 on anticipated seasonal 
fishing effort for groundfish species and on 1994-1998 halibut bycatch 
rates observed in the trawl fisheries included under the incentive 
program. In determining these bycatch rate standards, the Regional 
Administrator considered the annual and seasonal bycatch specifications 
for the BSAI and GOA trawl fisheries (64 FR 12103, March 11, 1999, and 
64 FR 12094, March 11, 1999, respectively). He further recognized that 
directed fishing for Pacific cod for the inshore

[[Page 29810]]

component in the Western and Central Regulatory Areas of the GOA is 
closed for the remainder of the year. The GOA shallow-water and deep-
water trawl fishery species complexes will reopen on July 4 when the 
third seasonal apportionment of the halibut bycatch limit established 
for the GOA trawl fisheries becomes available. In the Bering Sea, the 
rockfish and rock sole/flathead sole/other flatfish fishery categories 
will open or reopen on July 4 when seasonal apportionments of halibut 
bycatch allowances specified for these fisheries become available. The 
BSAI Pacific cod trawl fishery is closed for the remainder of the year. 
The BSAI yellowfin sole fishery is ongoing, and no closure has yet been 
projected due to crab or halibut bycatch. The Regional Administrator 
also considered the August 1 opening date of the 1999 Bering Sea 
pollock ``B'' season (Sec. 679.23(e)(2)) and the Gulf of Alaska third 
and fourth season pollock fisheries (Sec. 679.23(d)(2)). The halibut 
bycatch rate standards for the BSAI yellowfin sole and ``bottom 
pollock'' trawl fisheries are each set at 5 kg of halibut per metric 
ton (mt) of groundfish. These standards approximate the average annual 
rates observed on trawl vessels participating in these fisheries since 
1992. The halibut bycatch rate standard for the BSAI and GOA midwater 
pollock fisheries (1 kg of halibut/mt of groundfish) is higher than the 
bycatch rates normally experienced by vessels participating in these 
fisheries. This standard is intended to encourage vessel operators to 
maintain off-bottom trawl operations and limit further bycatch of 
halibut in the pollock fishery when halibut bycatch restrictions at 
Sec. 679.21 prohibit directed fishing for pollock by vessels using non-
pelagic trawl gear. A bycatch rate standard of 30 kg halibut/mt of 
groundfish is established for the BSAI ``other trawl'' fishery. This 
standard has remained unchanged since 1992. A bycatch rate standard of 
40 kg of halibut/mt of groundfish is established for the GOA ``other 
trawl'' fishery, which is unchanged since 1994. The considerations that 
support these bycatch rate standards for the ``other trawl'' fisheries 
are unchanged from previous years and are discussed in the Federal 
Register publications of 1995 bycatch rate standards (60 FR 2905, 
January 12, 1995, and 60 FR 27425, May 24, 1995). Observer data 
collected from the 1998 GOA ``other trawl'' fishery show average third 
and fourth quarter halibut bycatch rates of 38 and 58 kg of halibut/mt 
of groundfish, respectively. The first quarter rate from 1999 was 
lower, at 32 kg of halibut/mt of groundfish. Observer data from the 
1998 BSAI ``other trawl'' fishery show third and fourth quarter halibut 
bycatch rates of 12 kg of halibut/mt of groundfish. The first quarter 
rate from the 1999 BSAI ``other trawl'' fishery was 14 kg of halibut/mt 
of groundfish.

Bycatch Rate Standards for Red King Crab

    The red king crab bycatch rate standard for the yellowfin sole and 
``other trawl'' fisheries in Zone 1 of the Bering Sea subarea is 2.5 
crab/mt of groundfish during the second half of 1999. This standard has 
remained unchanged since 1992. Through May 8, 1999, the rock sole/
flathead sole/other flatfish fishery category had taken 60 percent of 
its annual red king crab bycatch allowance. The Pacific cod and 
yellowfin sole fisheries have taken 51 percent and 4 percent, 
respectively, of their bycatch allowances. The Regional Administrator 
anticipates that the non-pelagic trawl gear closure of the red king 
crab savings area in Zone 1 will continue to result in low red king 
crab bycatch rates for the remainder of the year and is maintaining the 
2.5 red king crab/mt of groundfish bycatch rate standard.
    The Regional Administrator has determined that Council 
recommendations for bycatch rate standards are appropriately based on 
the information and considerations necessary for such determinations 
under Sec. 679.21(f). Therefore, the Regional Administrator concurs in 
the Council's determinations and recommendations for halibut and red 
king crab bycatch rate standards for the second half of 1999, as set 
forth in Table 1. These bycatch rate standards may be revised and 
published in the Federal Register when deemed appropriate by the 
Regional Administrator, pending his consideration of the information 
set forth at Sec. 679.21(f)(4).

Classification

    This action is taken under 50 CFR 679.21(f) and is exempt from OMB 
review under E.O. 12866.

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

    Dated: May 27, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-14044 Filed 5-28-99; 4:31 pm]
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