[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Rules and Regulations]
[Pages 34125-34127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16173]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 053101F]


Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate 
Standards for the Second 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 second half of 2001. Publication of these bycatch 
rate standards is required by 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 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, 2001, 
through 2400 hours, A.l.t., December 31, 2001. Comments on this action 
must be received no later than 4:30 p.m., A.l.t., July 27, 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

[[Page 34126]]

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 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, 2001 
fishing months were specified in the Federal Register on January 16, 
2001 (66 FR 3501).
    Halibut and red king crab bycatch rate standards for the first half 
of 2001 also were published in the Federal Register (66 FR 3501, 
January 16, 2001). 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 2001 
(July 1 through December 31). These standards were endorsed by the 
Council at its April 2001 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 Sec. 679.21(d) and (e);
    (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 2001
    FOR PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI AND GOA
------------------------------------------------------------------------
                                                           2001 Bycatch
                         Fishery                           Rate Standard
------------------------------------------------------------------------
Halibut bycatch rate standards (kilogram (kg) of halibut/metric ton (mt)
                          of groundfish catch)
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 crab/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 second half of 2001 
trawl fisheries are unchanged from those implemented for the second 
half of 2000. The Regional Administrator based standards for the second 
half of 2001 on anticipated seasonal fishing effort for groundfish 
species and on 1997-2000 halibut bycatch rates observed in the trawl 
fisheries included under the incentive program. Along with bycatch rate 
standards, the industry is exploring opportunities under fishery 
cooperatives and other voluntarily arrangements to control bycatch and 
optimize the amount of groundfish harvested under halibut and crab 
bycatch limits. Under Sec.  679.50(k), vessel-specific prohibited 
species bycatch rates from observer data are published weekly on the 
NMFS, Alaska Region website (www.fakr.noaa.gov).
    In determining these bycatch rate standards, the Regional 
Administrator considered the annual and seasonal bycatch specifications 
for the BSAI and the GOA trawl fisheries (66 FR 7276, January 22, 
2001). He further recognized that the Council had requested NMFS to 
implement by emergency interim rule a delay in the second season 
opening date for the GOA inshore and offshore Pacific cod fisheries 
from June 10 to September 1. This rulemaking was published in the 
Federal Register on June 13, 2001 (66 FR 31845). The GOA shallow-water 
and deep-water trawl fishery species complexes are closed until July 1, 
2001. In the BSAI, the rockfish, yellowfin sole, and rock sole/flathead 
sole/other flatfish fishery categories will open or reopen on July 1 
when seasonal apportionments of halibut bycatch allowances specified 
for these fisheries become available. The BSAI Pacific cod trawl 
fishery is open for catcher vessels and catcher processors. The 
Regional Administrator also considered the June 10 opening date of the 
2001 Bering Sea pollock ``C/D'' season (Sec.  679.23(e)(2)) and the 
Gulf of Alaska ``C'' and ``D'' season pollock fisheries on August 20 
and October 1, respectively (Sec.  679.23(d)(2)). The Regional 
Administrator acknowledged that the 2001 BSAI and GOA trawl fisheries 
for pollock and Pacific cod are closed November 1 for the remainder of 
the year as a protection measure for the endangered Western population 
of Steller sea lions.
    The halibut bycatch rate standards for the BSAI yellowfin sole and 
``bottom pollock'' trawl fisheries are each set at 5 kilograms (kg) of 
halibut per metric ton (mt) of groundfish. The BSAI yellowfin sole 
fishery has experienced undesirably high bycatch rates that NMFS and 
the Council wish to reduce through existing incentives. The American 
Fisheries Act (AFA) cooperatives should help participating vessels 
maintain overall bycatch rates of halibut in the yellowfin sole fishery 
to a minimal level so that the amount of groundfish harvested may be 
optimized under the AFA prohibited species catch sideboard provisions. 
The average halibut bycatch rate for the 2000 third and fourth calendar 
quarter fisheries was equal to 13 and 11 kg halibut/mt groundfish, 
respectively. These rates are lower than those in 1999. 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. Assignment to a fishery for purposes of the vessel incentive 
program is based on catch composition instead of gear type; this allows 
a vessel

[[Page 34127]]

using pelagic trawl gear to be assigned to the BSAI bottom pollock 
fishery defined at 50 CFR 679.21(f)(2). The average halibut bycatch 
rate for the 2000 third and fourth calendar quarter pollock fisheries 
was equal to 0.68 and 1.95 kg halibut/mt groundfish, respectively.
    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, except for the third quarter of 2000 in the GOA. This 
standard is intended to encourage vessel operators to maintain off-
bottom trawl operations and limit further bycatch of halibut in the 
pollock fishery. One factor that may have contributed to the 1.91 kg 
halibut/mt groundfish rate for the third quarter of 2000 in the GOA was 
the change in the spatial distribution of the pollock fishery because 
of the court-ordered injunction on fishing for groundfish with trawl 
gear in Steller sea lion critical habitat.
    The considerations that support the 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). 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. Observer data from the 2000 BSAI ``other 
trawl'' fishery show third and fourth quarter halibut bycatch rates of 
10 and 5 kg of halibut/mt of groundfish. The first quarter rate from 
the 2001 BSAI ``other trawl'' fishery was 11 kg of halibut/mt of 
groundfish. 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. At times, quarterly bycatch rates have exceeded 
the bycatch rate standards, but these situations usually represent 
limited fishing effort in the second and fourth quarters. Observer data 
collected from the 2000 GOA ``other trawl'' fishery show average third 
and fourth quarter halibut bycatch rates of 23 and 46 kg of halibut/mt 
of groundfish, respectively. The first quarter rate from 2001 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 2001. This standard has 
remained unchanged since 1992. Through April 14, 2001, the rock sole/
flathead sole/other flatfish fishery category have taken 34 percent of 
its annual red king crab bycatch allowance including the Red King Crab 
Savings Subarea bycatch limit. The Pacific cod and yellowfin sole 
fisheries have taken 13 percent and 33 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 the bycatch rate 
standards set forth in Table 1 for the second half of 2001 are 
appropriately based on the information and considerations necessary for 
such determinations under Sec.  679.21(f). 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

    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 second half of 2001 must 
be effective by July 1, 2001, when the bycatch rate standards for the 
first half of 2001 expire, NMFS finds for good cause that the 
implementation of 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: June 21, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-16173 Filed 6-26-01; 8:45 am]
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