[Federal Register Volume 67, Number 6 (Wednesday, January 9, 2002)]
[Rules and Regulations]
[Pages 1160-1163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-552]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 121701E]


Fisheries of the Exclusive Economic Zone off Alaska; Bycatch Rate 
Standards for the First Half of 2002

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 2002. Publication of these bycatch rate 
standards is necessary under regulations implementing the vessel 
incentive program (VIP). 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 promote 
conservation of groundfish and other fishery resources.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 20, 
2002, through 2400 hours, A.l.t., June 30, 2002. Comments on this 
action must be received at the following address no later than 4:30 
p.m., A.l.t., February 7, 2002.

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

[[Page 1161]]

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 2002 effective from January 20, 2002, 
through June 30, 2002.
    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 the October 2001 Council meeting, NMFS staff presented an 
analysis of recent bycatch rates of Pacific halibut and red king crab 
in the groundfish trawl fisheries to provide the Council with a basis 
for setting bycatch rate standards for the first half of 2002. The 
analysis showed that since 1999, actual bycatch rates experienced by 
vessels participating in the groundfish trawl fisheries were lower than 
the established bycatch rate standards with the exception of vessels 
participating in the BSAI yellowfin sole and the GOA ``other trawl'' 
fisheries. Based on this information, NMFS suggested to the Council 
that an upward adjustment of the bycatch rate standard in the yellowfin 
sole fishery may be warranted and that downward adjustments of the 
halibut bycatch rate standards in the BSAI and GOA midwater pollock 
fisheries and the red king crab bycatch rate standards in the BSAI 
yellowfin sole and ``other trawl'' fisheries may be warranted. 
Specifically, for the BSAI yellowfin sole fishery, the analysis 
indicated that an increase of the halibut bycatch rate standard to 15 
kg/mt of groundfish would encompass 73 percent of the vessels 
participating in the yellowfin sole fishery. For the BSAI and GOA 
midwater fisheries, the analysis indicated that a decrease of the 
halibut bycatch rate standard to 0.5 kg/mt of groundfish would 
encompass 99 percent of the vessels participating in the BSAI midwater 
pollock fishery and 90 percent of the vessels in the GOA midwater 
pollock fishery. Finally, for the BSAI yellowfin sole fishery and 
``other trawl'' fisheries, the analysis indicated that a decrease of 
the BSAI Zone 1 red king crab bycatch rate standard to 1.0 kg/mt of 
groundfish would encompass 82 percent of the vessels participating in 
the BSAI yellowfin sole fishery and 92 percent of the vessels 
participating in the BSAI ``other trawl'' fishery.
    The Advisory Panel recommendation and public testimony did not 
agree. The public testified that upward adjustments of the rates 
appeared to reward violators of the rates while downward adjustments 
appeared to penalize fishermen for their effort in avoiding prohibited 
species. The public also testified that the Council should pursue the 
development of alternative incentive programs such as an individual 
vessel bycatch allowance or similar program in which the costs or 
benefits of excess or reduced bycatch would be limited to the vessel 
conducting the fishing.
    After considering public testimony, the Council recommended that 
the same rates used in the first half of 2001 be used for the first 
half of 2002. Further, the Council requested that NMFS consider the 
effects of observer sampling procedures and changing fishing practices 
due to the American Fisheries Act, improved retention/improved 
utilization, and Steller sea lion protection measures on prohibited 
species bycatch rates. Until such an assessment is conducted, the 
Council recommended that the existing bycatch rate standards adequately 
meet the intent of the VIP. 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 2002 FOR PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI
                                AND GOA.
------------------------------------------------------------------------
                                                                 2002
                                                               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

    In 2001, BSAI pollock combined A/B season was January 20 through 
June 10. In 2001, the inshore and offshore component fisheries for 
pollock ended 6 to 10 weeks prior to June 10, depending on the 
processing component and area. Directed fishing for pollock by the 
inshore and offshore component fisheries reopened June 10, the start of 
the 2001 pollock combined C/D season. Also, the community development 
quota pollock fishery ended 7 weeks before the end of the combined A/B 
season and did not resume until mid-June. In 2002, the proposed A 
season allowance for Bering Sea pollock (60 percent of the directed 
fishing allowance) would be available January 20 through June 10, with 
the remainder available June 10 through November 1. As in past years, 
the directed fishing allowances specified for the first 2002 pollock 
season likely will be reached before June 10.
    As in past years, the halibut bycatch rate standard recommended for 
the BSAI and GOA midwater pollock

[[Page 1162]]

fisheries (1 kg halibut/mt of groundfish) is higher than the bycatch 
rates normally experienced by vessels participating in these fisheries. 
The average halibut bycatch rates for the BSAI 2001 first and second 
calendar quarter fisheries are equal to 0.13 and 0.15 kg halibut/mt 
groundfish, respectively, and the average halibut bycatch rates for the 
GOA 2001 first and second calendar quarter fisheries are equal to 0.36 
and 0.17 kg halibut/mt groundfish, respectively. The recommended 
standard is intended to encourage vessel operators to maintain off-
bottom trawl operations.
    Since 1999, the use of nonpelagic trawl gear has been prohibited in 
the BSAI non-CDQ directed pollock fishery (Sec. 679.24 (b)(4)). Even 
with this prohibition, a vessel using pelagic trawl gear may be 
assigned to the BSAI bottom pollock fishery defined at Sec. 679.21 
(f)(2) because assignment to a fishery for purposes of the VIP is based 
on retained catch composition during a weekly period instead of gear 
type. If the majority of the catch is pollock, but pollock comprises 
less than 95 percent of the catch, then a haul is assigned to the BSAI 
bottom pollock fishery. The prohibition on the use of nonpelagic trawl 
gear has reduced the number of hauls assigned to the BSAI bottom 
pollock fishery. Since the prohibition became effective, the halibut 
bycatch rates for this fishery are low compared to the halibut bycatch 
rate standards established for this fishery with an average halibut 
bycatch rate for the 2001 first and second calendar quarter fisheries 
equal to 0.89 and 1.89 kg halibut/mt groundfish, respectively.
    Other factors that could affect the spatial and temporal 
distribution of the directed pollock fishery include the 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 2001 showed an average 
bycatch rate of 19.74 and 18.54 kg halibut/mt of groundfish, 
respectively. These rates are significantly higher than in past years. 
One explanation of relatively higher rates might include changes in the 
physical or biological conditions driving the rate of bycatch in the 
yellowfin sole fishery. A second explanation might be that vessels are 
using larger mesh gear to reduce discards and comply with increased 
retention/utilization standards for pollock and Pacific cod. A third 
explanation might be that with the decline of trawl Pacific cod catch, 
halibut mortality historically assigned to the trawl Pacific cod target 
has not been used by that fishery and instead has been made available 
to the flatfish fisheries. The availability of ``extra'' halibut 
mortality could allow vessels catching flatfish to be less concerned 
about avoiding halibut bycatch. Thus, although the amount of groundfish 
catch may be decreased in a haul, the amount of halibut retained in the 
net may remain the same and result in an increase in the bycatch rate 
of halibut. The Council's recommendation to use the same bycatch rates 
in 2002 as was used in 2001 should work as a deterrent to these higher 
rates given the explanation that increased bycatch rates caused by the 
perception of ``extra'' halibut and is consistent with the intent of 
the VIP in that vessels should avoid halibut bycatch regardless of 
whether there is more halibut bycatch available to a fishery.
    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 2001 BSAI ``other trawl'' fishery show first 
and second quarter halibut bycatch rates of 11.02 and 23.79 kg halibut/
mt of groundfish, respectively. Observer data collected from the 2001 
GOA ``other trawl'' fishery show first and second quarter halibut 
bycatch rates of 10.89 and 56.84 kg halibut/mt of groundfish, 
respectively.
    Since 1997, 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 
will provide some leniency to those vessel operators who choose to use 
large mesh trawl gear or other device as a means to reduce groundfish 
discard amounts or 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 2001 averaged 0.57 and 0.08 crab/mt of groundfish, 
respectively. Although these rates are lower than the standards, the 
first quarter's rate is higher than bycatch rates experienced in 
previous years. The average bycatch rates of red king crab experienced 
in the BSAI ``other trawl'' fishery during the first and second 
quarters of 2001 were 0.09 and 0.00 crab/mt groundfish, respectively. 
The low 2001 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 2001, the total bycatch of 
red king crab by trawl vessels fishing in Zone 1 is estimated at 32,856 
crab, considerably less than the 97,000 red king crab bycatch limit 
established for the trawl fisheries in Zone 1. NMFS anticipates that 
the 2002 red king crab bycatch in Zone 1 will be similar to 2001 
because the crab bycatch reduction measures 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 the red king crab bycatch rate standards be 
maintained at these levels. These levels continue to provide protection 
against unacceptably high rates of bycatch in these fisheries while 
providing 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 2002 as set 
forth in Table 1. These bycatch rate standards may be revised and these 
revisions published in the Federal Register when deemed appropriate by 
the Regional Administrator pending his

[[Page 1163]]

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 
2002 fishing months are specified as the following periods for purposes 
of calculating vessel bycatch rates under the incentive program:
    Month 1: January 1 through February 2;
    Month 2: February 3 through March 2;
    Month 3: March 3 through March 30;
    Month 4: March 31 through April 27;
    Month 5: April 28 through June 1;
    Month 6: June 2 through June 29;
    Month 7: June 30 through August 3;
    Month 8: August 4 through August 31;
    Month 9: September 1 through September 28;
    Month 10: September 29 through November 2;
    Month 11: November 3 through November 30; and
    Month 12: December 1 through December 31.

Classification

    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 3, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-552 Filed 1-8-02; 8:45 am]
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