[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Rules and Regulations]
[Pages 3501-3504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1213]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 122200B]


Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate 
Standards for the First Half of 2001

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 first half of 2001. Publication of these bycatch rate 
standards is necessary under regulations implementing the vessel 
incentive program. This action is necessary to implement the bycatch 
rate standards for trawl vessel operators who participate in the Alaska 
groundfish trawl fisheries. The intent of this action is to avoid 
excessive prohibited species bycatch rates and to promote conservation 
of groundfish and other fishery resources.

DATES: Effective 1201 hours, Alaska local time (A.l.t.), January 20, 
2001, through 2400 hours, A.l.t., June 30, 2001. Comments on this 
action must be

[[Page 3502]]

received no later than 4:30 p.m., A.l.t., February 15, 2001.

ADDRESSES: Comments may be submitted to Sue Salveson, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region, 
NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. 
Comments also may be sent via facsimile (fax) to 907-586-7465. Comments 
will not be accepted if submitted via e-mail or Internet. Courier or 
hand delivery of comments may be made to NMFS in the Federal Building, 
Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, fax 907-
586-7465, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) and Gulf of Alaska (GOA) are managed by NMFS 
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 FMPs were 
prepared by the North Pacific Fishery Management Council (Council) 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens 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 must 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 must not exceed red king crab bycatch 
rate 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. Because the 
Alaskan groundfish fisheries are closed to trawling from January 1 to 
January 20 of each year (Sec. 679.23(c)), the Administrator, Alaska 
Region, NMFS (Regional Administrator), is promulgating bycatch rate 
standards for the first half of 2001 effective from January 20, 2001, 
through June 30, 2001.
    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. 679.21(d) and (e);
    (D) Anticipated groundfish harvests for that fishery;
    (E) Anticipated seasonal distribution of fishing effort for 
groundfish; and
    (F) Other information and criteria deemed relevant by the Regional 
Administrator.
    At its October 2000 meeting, the Council reviewed halibut and red 
king crab bycatch rates experienced by vessels participating in the 
fisheries under the incentive program during 1996-2000. Based on this 
and other information presented here, the Council recommended halibut 
and red king crab bycatch rate standards for the first half of 2001. 
These standards are unchanged from those specified for the past 5 years 
except for the first quarter BSAI bottom pollock fishery. The Council's 
recommended bycatch rate standards are listed in Table 1.

 Table 1.--Bycatch Rate Standards, By Fishery And Quarter, For The First
  Half Of 2001 For Purposes Of The Vessel Incentive Program In The BSAI
                                And GOA.
------------------------------------------------------------------------
                                                                 2001
                                                               bycatch
                    Fishery and quarter                          rate
                                                               standard
------------------------------------------------------------------------
Halibut bycatch rate standards (kilogram (kg) of halibut/metric ton (mt)
                           of groundfish catch
------------------------------------------------------------------------
BSAI Midwater pollock:
    Qt 1...................................................          1.0
    Qt 2...................................................          1.0
BSAI Bottom pollock:
    Qt 1...................................................          5.0
    Qt 2...................................................          5.0
BSAI Yellowfin sole:
    Qt 1...................................................          5.0
    Qt 2...................................................          5.0
BSAI Other trawl:
    Qt 1...................................................         30.0
    Qt 2...................................................         30.0
GOA Midwater pollock:
    Qt 1...................................................          1.0
    Qt 2...................................................          1.0
GOA Other trawl:
    Qt 1...................................................         40.0
    Qt 2...................................................         40.0
------------------------------------------------------------------------
    Zone 1 red king crab bycatch rate standards (number of crab/mt of
                            groundfish catch)
------------------------------------------------------------------------
BSAI yellowfin sole:
    Qt 1...................................................          2.5
    Qt 2...................................................          2.5
BSAI Other trawl:
    Qt 1...................................................          2.5
    Qt 2...................................................          2.5
------------------------------------------------------------------------

Bycatch Rate Standards for Pacific Halibut

    The BSAI pollock combined A/B season currently begins January 20 
through June 10. In 2000, the inshore and offshore component fisheries 
for pollock ended 9 to 12 weeks prior to June 10, depending on the 
processing component and area. Directed fishing for pollock by the 
inshore and offshore component fisheries did not reopen until June 10, 
the start of the pollock combined C/D season. Also, the community 
development quota (CDQ) pollock fishery ended 9 weeks before the end of 
the combined A/B season and did not resume until just prior to July 1. 
As in past years, the directed fishing allowances specified for the 
2001 pollock combined A/B season likely will be reached before the end 
of the combined A/B season.
    As in past years, the halibut bycatch rate standard recommended for 
the BSAI and GOA midwater pollock fisheries (1 kg halibut/mt of 
groundfish) is higher than the bycatch rates normally experienced by 
vessels participating in these fisheries. The recommended standard is 
intended to encourage vessel operators to maintain off-bottom trawl 
operations.
    Since January 1999, nonpelagic trawl gear has been allocated zero 
mt of the non-CDQ BSAI pollock total allowable catch. In May 2000, NMFS 
permanently prohibited the use of nonpelagic trawl gear in the BSAI 
non-CDQ directed pollock fishery (Sec. 679.24(b)(4)). On June 15, 2000, 
the Pacific halibut and crab PSC limits and associated bycatch 
allowances for the BSAI trawl fisheries were reduced under regulations 
prohibiting the use of nonpelagic trawl gear in the BSAI non-CDQ 
directed pollock fishery (65 FR 31105, May 16,

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2000). Assignment to a fishery for purposes of the vessel incentive 
program is based on catch composition instead of gear type. A vessel 
using pelagic trawl gear may be assigned to the BSAI bottom pollock 
fishery defined at Sec. 679.21(f)(2). The prohibition on the use of 
nonpelagic trawl gear has reduced the number of hauls assigned to the 
BSAI bottom pollock fishery and the bycatch rates are lower. The 
average halibut bycatch rate for the 2000 first and second calendar 
quarter fisheries was equal to 0.58 and 4.01 kg halibut/mt groundfish, 
respectively. With the prohibition on the use of nonpelagic trawl gear, 
the bycatch rates will likely remain low. It is recommended that the 
halibut bycatch rate standard for the first quarter BSAI bottom pollock 
fishery be reduced from 7.5 to 5 kg halibut/mt groundfish and the 
halibut bycatch rate standard for the second quarter remain at 5 kg 
halibut/mt groundfish.
    Other factors that could affect the spatial and temporal 
distribution of the directed pollock fishery include the 2001 
allocations of pollock among the inshore and offshore fleets under the 
American Fisheries Act and the implementation of conservation measures 
that are necessary under the Endangered Species Act to mitigate pollock 
fishery impacts on Steller sea lions. At this time, the effects of 
these changes on halibut bycatch rates in the pollock fishery are 
unknown.
    Data available on halibut bycatch rates in the BSAI yellowfin sole 
fishery during the first and second quarters of 2000 showed an average 
bycatch rate of 0.02 and 0.17 kg halibut/mt of groundfish, 
respectively. These rates are significantly lower than in past years. 
The Council and NMFS have presumed that a continued bycatch rate 
standard of 5.0 kg halibut/mt of groundfish for the yellowfin sole 
fishery will continue a bycatch rate standard that represents an 
acceptable level of halibut bycatch in this fishery and will encourage 
vessel operators to take action to avoid excessively high bycatch rates 
of halibut.
    For the ``other trawl'' fisheries, the Council supported a 30-kg 
halibut/mt of groundfish bycatch rate standard for the BSAI and a 40-kg 
halibut/mt of groundfish bycatch rate standard for the GOA. Observer 
data collected from the 2000 BSAI ``other trawl'' fishery show first 
and second quarter halibut bycatch rates of 8.11 and 20.77 kg halibut/
mt of groundfish, respectively. Observer data collected from the 2000 
GOA ``other trawl'' fishery show first and second quarter halibut 
bycatch rates of 22.77 and 54.44 kg halibut/mt of groundfish, 
respectively.
    With the exception of the GOA second quarter ``other trawl'' 
fishery, the average bycatch rates experienced by vessels participating 
in the GOA and BSAI ``other trawl'' fisheries have been lower than the 
specified bycatch rate standards for these fisheries. The Council and 
NMFS have determined that the recommended halibut bycatch rate 
standards for the ``other trawl'' fisheries, including the second 
quarter GOA fishery, would continue bycatch rate standards that 
represent an acceptable level of halibut bycatch in these fisheries and 
will encourage vessel operators to avoid high halibut bycatch rates 
while participating in these fisheries. Furthermore, these standards 
would provide some leniency to those vessel operators who choose to use 
large-mesh trawl gear or other devices as a means to reduce groundfish 
discard amounts, or who are forced to fish in different seasons or 
fishing grounds under measures implemented to mitigate fishing impacts 
on Steller sea lions and their critical habitat.

Bycatch Rate Standards for Red King Crab

    For the BSAI yellowfin sole and ``other trawl'' fisheries in Zone 1 
of the Bering Sea subarea, the Council's recommended red king crab 
bycatch rate standard is 2.5 crab/mt of groundfish. This standard is 
unchanged since 1992. The red king crab bycatch rates experienced by 
the BSAI yellowfin sole fishery in Zone 1 during the first and second 
quarters of 2000 averaged 0.23 and 0.45 crab/mt of groundfish, 
respectively. Although these rates are lower than the standards, these 
rates are significantly higher than bycatch rates experienced in 
similar quarters in previous years. The average bycatch rates of red 
king crab experienced in the ``other trawl'' fishery during the first 
and second quarter of 2000 were 0.22 and 0.32 crab/mt groundfish, 
respectively. The low 2000 red king crab bycatch rates primarily were 
due to trawl closures in Zone 1 that were implemented to reduce red 
king crab bycatch.
    For the period January through October 2000, the total bycatch of 
red king crab by trawl vessels fishing in Zone 1 is estimated at 74,000 
crab, considerably less than the 97,000-red king crab bycatch limit 
established for the trawl fisheries in Zone 1. NMFS anticipates that 
the 2001 red king crab bycatch in Zone 1 will be similar to 2000 
because the crab bycatch reduction measures and the bycatch limit of 
97,000 crab will remain the same.
    In spite of anticipated 2001 red king crab bycatch rates being 
significantly lower than 2.5 red king crab/mt of groundfish, the 
Council recommended that the red king crab bycatch rate standards be 
maintained at these levels. These levels continue to represent 
acceptable rates of bycatch in these fisheries and provide some 
leniency to those vessel operators who choose to use large-mesh trawl 
gear as a means to reduce groundfish discard amounts.
    The Regional Administrator has determined that the recommended 
bycatch rate standards are appropriately based on the information and 
considerations necessary for such determinations under Sec. 679.21(f). 
Therefore, the Regional Administrator establishes the halibut and red 
king crab bycatch rate standards for the first half of 2001 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).
    As required in regulations at Secs. 679.2 and 679.21(f)(5), the 
2001 fishing months are specified as the following periods for purposes 
of calculating vessel bycatch rates under the incentive program:
    Month 1: January 1 through January 27;
    Month 2: January 28 through February 24;
    Month 3: February 25 through March 31;
    Month 4: April 1 through May 5;
    Month 5: May 6 through June 2;
    Month 6: June 3 through June 30;
    Month 7: July 1 through July 28;
    Month 8: July 29 through September 1;
    Month 9: September 2 through September 29;
    Month 10: September 30 through October 27;
    Month 11: October 28 through December 1; and
    Month 12: December 2 through December 31.

Classification

    NMFS finds that the prevention of excessive prohibited species 
bycatch rates constitutes good cause to waive the requirement for prior 
notice and comment period pursuant to 5 U.S.C. 553(b)(B) as such 
procedures are contrary to the public interest. Because the halibut and 
red king crab bycatch rate standards for the first half of 2001 must be 
effective by January 20, 2001, when the Alaska groundfish trawl fishing 
season opens, NMFS finds for good cause that the implementation of

[[Page 3504]]

this action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 
553(d), a delay in the effective date is hereby waived.
    This action is taken under 50 CFR 679.21(f) and is exempt from OMB 
review under Executive Order 12866.

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

    Dated: January 9, 2001.
Clarence Pautzke,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-1213 Filed 1-12-01; 8:45 am]
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