[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Pages 36845-36847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13255]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 043002A]


Fisheries of the Exclusive Economic Zone off Alaska; Bycatch Rate 
Standards for the Second 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 second half of 2002. Publication of these bycatch 
rate standards is required by 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 
reduce prohibited species bycatch rates and promote conservation of 
groundfish and other fishery resources.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 1, 2002, 
through 2400 hours, A.l.t., December 31, 2002. Comments on this action 
must be received at the following address no later than 4:30 p.m., 
A.l.t., June 27, 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 and are implemented by regulations governing the U.S. 
groundfish fisheries at 50 CFR part 679.
    Regulations at [sect] 679.21(f) implement a VIP 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 [sect] 679.2). The fisheries included under the incentive 
program are defined in regulations at [sect] 679.21(f)(2).
    Regulations at [sect] 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, 2002 
fishing months and halibut and red king crab bycatch rate standards for 
the first half of 2002 were published in the Federal Register (67 FR 
1160, January 9, 2002).
    As required by [sect] 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 2002 (July 1 through 
December 31). These standards were endorsed by the Council at its April 
2002 meeting and are set out in Table 1. As required by [sect] 
679.21(f)(4), bycatch rate standards must be 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 [sect][sect] 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 2002
    FOR PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI AND GOA.
------------------------------------------------------------------------
                                                                 2002
                                                               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 2002 
trawl fisheries are unchanged from those implemented for the second 
half of 2001. The Regional Administrator based standards for the second 
half of 2002 on anticipated seasonal fishing effort for groundfish 
species and on 1998-2001 halibut bycatch rates observed in the trawl 
fisheries included under the incentive program. Along with bycatch rate 
standards, the industry and the Council are exploring opportunities 
under fishery cooperatives and other voluntary or mandatory 
arrangements to control bycatch and optimize the amount of groundfish 
harvested under halibut and crab bycatch limits. Under [sect] 
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).

[[Page 36846]]

    In determining these bycatch rate standards, the Regional 
Administrator considered the annual and seasonal bycatch specifications 
for the BSAI and the GOA trawl fisheries (67 FR 956, January 8, 2002). 
In the BSAI, the rockfish, yellowfin sole, and rock sole/flathead sole/
''other flatfish'' fishery categories will open or reopen on June 30 
when seasonal apportionments of halibut bycatch allowances specified 
for these fisheries become available. The BSAI Pacific cod trawl 
fishery is currently open for catcher vessels and catcher processors. 
On June 10 the third allocation of trawl Pacific cod becomes available 
until November 1. The Regional Administrator also considered the June 
10 opening date of the 2002 Bering Sea pollock `B' season ([sect] 
679.23(e)(5)) and the Gulf of Alaska `C' and `D' season pollock 
fisheries on August 25 and October 1, respectively ([sect] 
679.23(d)(3)). The Regional Administrator acknowledged that the 2002 
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 average 
halibut bycatch rate for the 2001 third and fourth calendar quarter 
fisheries was equal to 8 and 13 kg halibut/mt groundfish, respectively. 
These rates are lower than those in 1999 and similar to those in 2000.
    Since 1999, the use of nonpelagic trawl gear has been prohibited in 
the BSAI non-CDQ directed pollock fishery ([sect] 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 [sect] 
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. The 
average halibut bycatch rate for the 2001 third and fourth calendar 
quarter pollock fisheries was equal to 3.17 and 0.63 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. This standard is intended to encourage vessel operators to 
maintain off-bottom trawl operations and limit further bycatch of 
halibut in the pollock fishery. The average halibut bycatch rates for 
the BSAI 2001 third and fourth calendar quarter fisheries are equal to 
0.17 and 0.22 kg halibut/mt groundfish, respectively, and the average 
halibut bycatch rates for the GOA 2001 third and fourth calendar 
quarter fisheries are equal to 0.95 and 0.06 kg halibut/mt groundfish, 
respectively.
    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 2001 BSAI ``other 
trawl'' fishery show third and fourth quarter halibut bycatch rates of 
9 and 6 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. Observer data collected 
from the 2001 GOA ``other trawl'' fishery show average third and fourth 
quarter halibut bycatch rates of 27 and 57 kg of halibut/mt of 
groundfish, respectively.

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 2002. This standard has 
remained unchanged since 1992. Through April 6, 2002, the rock sole/
flathead sole/''other flatfish'' fishery category has taken 104 percent 
of its annual red king crab bycatch allowance in Zone 1 including the 
Red King Crab Savings Subarea bycatch limit. The Pacific cod and 
yellowfin sole fisheries have taken 38 percent and 9 percent, 
respectively, of their bycatch allowances in Zone 1. The Regional 
Administrator anticipates that the non-pelagic trawl gear closure of 
the Red King Crab Savings Area in Zone 1 and the trawl gear closure for 
rock sole/flathead sole/''other flatfish'' 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 2002 are 
appropriately based on the information and considerations necessary for 
such determinations under [sect] 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 [sect] 679.21(f)(4).

Classification

    The halibut and red king crab bycatch rate standards for the second 
half of 2002 must be effective by July 1, 2002, when the bycatch rate 
standards for the first half of 2002 expire, in order to limit bycatch 
rates in the second half of the 2002 fishing year. Consequently, NMFS 
finds good cause to waive the requirement for prior notice and comment 
pursuant to 5 U.S.C. 553(b)(B) as such procedures are contrary to the 
public interest. For the same reason, 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 Office of Management and Budget review under Executive 
Order 12866.


[[Page 36847]]


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

    Dated: May 21, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-13255 Filed 5-24-02; 8:45 am]
BILLING CODE 3510-22-S