[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Proposed Rules]
[Pages 41068-41069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19427]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 072199B]


Fisheries of the Exclusive Economic Zone Off Alaska; Halibut 
Bycatch Mortality Allowance in the Bering Sea and Aleutian Islands 
Management Area

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

ACTION: Proposed reapportionment of Pacific halibut bycatch mortality 
allowance specified for the nontrawl fishery categories; request for 
comments.

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SUMMARY: NMFS proposes the reapportionment of the 1999 halibut bycatch 
mortality allowance specified for the Pacific cod hook-and-line fishery 
category to the ``other nontrawl'' fishery category in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to allow the harvest of species constrained by the other nontrawl 
halibut bycatch mortality allowance, in particular Greenland turbot, 
while not further restricting the hook-and-line Pacific cod fishery. 
This action is intended to promote the goals and objectives of the 
Fishery Management Plan for the Groundfish Fishery of the Bering Sea 
and Aleutians Islands Area (FMP).

DATES: Comments on this action must be received at the following 
address no later than 4:30 p.m., A.l.t., August 12, 1999.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery 
or courier delivery of comments may be sent to the Federal Building, 
709 West 9th Street, Room 453, Juneau, AK 99801. The final 
environmental assessment and final regulatory flexibility analysis 
prepared for the final 1999 total allowable catch (TAC) specifications 
may be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the FMP prepared by the North 
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing 
fishing by U.S. vessels in accordance with the FMP are codified at 
Subpart H of 50 CFR part 600 and 50 CFR part 679.
    The BSAI halibut prohibited species catch (PSC) limit for nontrawl 
gear is an amount of halibut equivalent to 900 mt of halibut mortality 
(Sec. 679.21(e)(2)(i)). The Final 1999 Harvest Specifications of 
Groundfish for the BSAI (64 FR 12103, March 11, 1999) established the 
apportionment of the nontrawl halibut PSC limit for bycatch allowances 
for the Pacific cod hook-and-line and ``other nontrawl'' fisheries as 
748 mt and 84 mt respectively. As of July 3, 1999, 480 mt remained of 
the total 1999 halibut bycatch mortality allowance for the

[[Page 41069]]

hook-and-line Pacific cod fishery. The ``other nontrawl'' fishery has 
exceeded its halibut bycatch mortality allowance by 6 mt and is closed 
for the remainder of the year unless its halibut bycatch mortality 
allowance is increased.
    The hook-and-line fishery for Pacific cod will reopen on September 
15, 1999, and is projected to take as much as 250 mt of halibut 
mortality for the remainder of 1999. The directed fishery for Greenland 
turbot, a constituent and primary fishery of the ``other nontrawl'' 
category, would require an estimated 150 mt of halibut mortality to 
fully harvest the remaining directed fishing allowance of Greenland 
turbot.
    NMFS has determined, therefore, that a reapportionment of 150 mt of 
halibut bycatch mortality allowance from the hook-and-line Pacific cod 
to the ``other nontrawl'' fishery category is necessary to achieve the 
optimum yield harvest of the BSAI nontrawl fisheries. This 
reapportionment is based on the best available scientific information 
pertaining to bycatch rates reported by NMFS-certified observers.
    In order to provide greater opportunity to harvest the BSAI 
Greenland turbot TAC, while not jeopardizing the opportunity to harvest 
the amount of the Pacific cod TAC allocated to hook-and-line vessels, 
NMFS proposes to increase the halibut bycatch mortality allowance 
specified for the other nontrawl fishery category by 150 mt and reduce 
the halibut bycatch mortality allowance specified for the Pacific cod 
hook-and-line fishery by the same amount. The halibut bycatch mortality 
specifications for the 1999 BSAI nontrawl fisheries are listed in Table 
7 of the final 1999 harvest specifications (64 FR 12103, March 11, 
1999). To accommodate the proposed action, the 1999 BSAI final harvest 
specifications would be amended by adding the following Table 7A.

 Table 7A.--1999 BSAI Prohibited Species Bycatch Allowances for the BSAI
                           Non-Trawl Fisheries
------------------------------------------------------------------------
           Non-trawl fisheries              Halibut mortality (mt) BSAI
------------------------------------------------------------------------
Pacific cod--Total.......................  598.
    Jan. 1-April 30......................  457.
    May 1-Sept. 14.......................  0.
    Sept.15-Dec. 31......................  141.
Other non-trawl--Total...................  234.
    May 1-Aug. 31 1......................  42.
    Sept.1-Dec.31........................  192.
Groundfish pot & jig.....................  exempt.
Sablefish hook-and-line..................  Exempt.
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1 Consistent with Sec.  679.21(e)(5)(iv)(A), any portion of the first
  seasonal allowance of the Pacific cod halibut bycatch mortality
  allowance that is not harvested by the end of the first season will
  become available on September 15, the beginning of the third season.

    NMFS invites public comments on its proposal to reallocate the 
projected unused amount of halibut mortality from the hook-and-line 
Pacific cod fishery to the other nontrawl fishery category.

Classification

    This action is authorized under 50 CFR 679.21(e)(4) and is exempt 
from OMB review under E.O. 12866.
    NMFS prepared an environmental assessment (EA) and final regulatory 
flexibility assessment (FRFA) for the 1999 harvest specifications (See 
ADDRESSES). The proposed reapportionment of the BSAI nontrawl halibut 
PSC limit is intended to provide fuller opportunity to conduct the 
fishing activities considered in the EA/FRFA and is fully within the 
scope of these analyses.

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

    Dated: July 23, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-19427 Filed 7-28-99; 8:45 am]
BILLING CODE 3510-22-P