[Federal Register Volume 67, Number 239 (Thursday, December 12, 2002)]
[Proposed Rules]
[Pages 76344-76362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31368]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021122286-2286-01; I.D. 110602B]


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Proposed 2003 Harvest Specifications for Groundfish

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

ACTION: Proposed 2003 initial harvest specifications for groundfish and 
associated management measures; request for comments.

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SUMMARY: NMFS proposes 2003 initial harvest specifications for 
groundfish, reserves and apportionment thereof, Pacific halibut 
prohibited species catch (PSC) limits, and associated management 
measures for the groundfish fishery of the Gulf of Alaska (GOA). This 
action is necessary to establish harvest limits and associated 
management measures for groundfish during the 2003 fishing year. The 
intended effect of this action is to conserve and manage the groundfish 
resources in the GOA in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and to provide 
an opportunity for public participation in the annual specification 
process.

DATES: Comments must be received by January 13, 2003.

ADDRESSES: Comments must be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Durall, or delivered to 
room 401 of the Federal Building, 709 West 9th Street, Juneau, AK. 
Comments also may be sent via facsimile (fax) to 907-586-7557. Comments 
will not be accepted if submitted via e-mail or Internet.
    Copies of the final 2001 Stock Assessment and Fishery Evaluation 
(SAFE) reports, dated November 2001, are available from the North 
Pacific Fishery Management Council, West 4th Avenue, Suite 306, 
Anchorage, AK 99510 or from its homepage at http://www.fakr.noaa.gov/npfmc. Copies of the draft Environmental Assessment/Initial Regulatory 
Flexibility Analysis (EA/IRFA) prepared for this action are available 
from NMFS (see ADDRESSES) and comments must be received by December 20, 
2002.

FOR FURTHER INFORMATION CONTACT: Tom Pearson, Sustainable Fisheries 
Division, Alaska Region, 907-481-1780 or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the groundfish fisheries in the exclusive economic 
zone off Alaska under the Fishery Management Plan (FMP) for the 
Groundfish Fishery of the GOA. The North Pacific Fishery Management 
Council (Council) prepared the FMP under the authority of the Magnuson-
Stevens Act, 16 U.S.C. 1801, et seq. Regulations governing U.S. 
fisheries and implementing the FMP appear at 50 CFR parts 600 and 679.
    The FMP and implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species and for the ``other species'' 
category, the sum of which must be within the optimum yield (OY) range 
of 116,000 to 800,000 metric tons (mt) (Sec.  679.20(a)(1)(ii). 
Regulations at Sec.  679.20(c)(1) further require NMFS to publish 
annually, and solicit public comment on, proposed annual TACs, halibut 
PSC amounts, seasonal allowances of pollock, and inshore/offshore 
Pacific cod. The proposed specifications set forth in Tables 1 to 9 of 
this document satisfy these requirements. For 2003, the sum of the 
proposed TAC amounts is 233,166 mt. Under Sec.  679.20(c)(3), NMFS will 
publish the final specifications for 2003 after (1) considering 
comments received within the comment period (see DATES), (2) consulting 
with the Council at its December 2002 meeting, and (3) considering new 
information presented in the EA, the final 2002 SAFE reports, and in 
the section 7 consultation prepared for the 2003 groundfish fisheries.
    Regulations that will be effective with the final rule to implement 
major provisions of the American Fisheries Act (AFA) at Sec.  
679.20(c)(2)(i) provide that one-fourth of each proposed TAC and 
apportionment thereof (not including the reserves and the first 
seasonal allowances of pollock and Pacific cod), one-fourth of the 
proposed halibut PSC amounts, and the proposed first seasonal 
allowances of pollock and Pacific cod will become effective 0001 hours, 
Alaska local time (A.l.t.) January 1, 2003, on an interim basis and 
remain in effect until superseded by the final harvest specifications, 
which will be published in the Federal Register. Without interim 
specifications in effect on January 1, the groundfish fisheries would 
not be able to open on that date, which would result in unnecessary 
closures and disruption within the fishery industry.
    By separate rulemaking, NMFS intends to publish in the Federal 
Register prior to January 1, 2003, the interim TAC specifications and 
apportionments thereof for the 2003 fishing year. These interim 
specifications would become effective 0001 hours, A.l.t., January 1, 
2003, and would remain in effect until superseded by the final 2003 
harvest specifications.
    NMFS also intends to publish a final rule implementing regulatory 
provisions of the AFA in the Federal Register that would be effective 
for 2003. In order to minimize confusion, the proposed specifications 
also identify sideboard amounts for the AFA fisheries that will be 
available under the final rule. Also, NMFS has initiated rulemaking to 
permanently implement the Steller sea

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lion protection measures for 2003 and beyond. To minimize confusion and 
provide clarity to the 2003 specification process, we have included in 
the proposed 2003 harvest specifications pollock and Pacific cod 
seasonal allowances that are consistent with the existing protection 
measures.

Proposed Acceptable Biological Catch (ABC) and TAC Specifications

    The proposed ABC and TAC for each species or species group are 
based on the best available biological and socioeconomic information, 
including projected biomass trends, information on assumed distribution 
of stock biomass, and revised methods used to calculate stock biomass. 
The Council, its Advisory Panel (AP), and its Scientific and 
Statistical Committee (SSC) reviewed the most current biological 
information about the condition of GOA groundfish stocks at their 
meetings in October 2002. This information was initially compiled by 
the Council's GOA Plan Team and was presented in the final 2001 SAFE 
report for the GOA groundfish fisheries, dated November 2001. The Plan 
Team annually produces such a document as the first step in the process 
of specifying TACs. The SAFE report contains a review of the latest 
scientific analyses and estimates of each species' biomass and other 
biological parameters, as well as summaries of the available 
information on the GOA ecosystem and the economic condition of the 
groundfish fisheries off Alaska. From these data and analyses, the Plan 
Team estimates an ABC for each species category. The 2001 SAFE report 
will be updated to include new information collected during 2002. 
Revised stock assessments will be made available by the Plan Team in 
November 2002 and will be included in the final 2002 SAFE report, which 
will be available the end of November 2002.
    Until updated information becomes available at its December 2002 
meeting and based on the recommendations from the SSC for overfishing 
levels (OFLs) and from the SSC and AP for ABCs, the Council recommended 
that the OFLs and ABCs for stocks in tiers 3 and above, except for 
pollock, be based upon biomass projections as set forth in the 2001 
SAFE report and estimates of groundfish harvests through the 2002 
fishing year. The Council recommended that OFL and ABC levels for those 
stocks in tiers 4 and below, for which projections cannot be made, be 
unchanged from 2002 levels (Table 1).
    The SSC adopted the OFL and ABC recommendations from the Plan Team 
for all groundfish species categories except pollock. In the 2001 SAFE 
report, the ABC projection for 2003 is 75,995 mt for the combined 
Western, Central, and West Yakutat (W/C/WYK) GOA stock of pollock. The 
Plan Team did not endorse the ABC projection due to the low spawning 
biomass observed during the 2002 Shelikof survey and because it 
represents a substantial increase from the 2002 ABC. The Plan Team 
recommended an ABC of 43,390 mt for the W/C/WYK pollock stock based on 
the ratio of the 2002 hydroacoustic survey estimate of spawning biomass 
to the 2003 forecast Shelikof spawning biomass. Because of the results 
of the Shelikof Survey, the SSC did not support the use of the 2001 
SAFE report projection for ABC. However, the SSC concurred with the 
pollock assessment recommendation that OFL and ABC levels be unchanged 
from 2002 levels until a formal stock assessment can be completed. The 
SSC determined that the Plan Team did not provide adequate written 
justification for the Plan Team's recommended ABC and that the 
uncertainties in the preliminary pollock data were so large that using 
the current method for recommending proposed ABC (either rollovers or 
2001 SAFE report projections) is required.
    As in 2002, the SSC's, AP's and Council's recommendation for the 
method of apportioning the sablefish ABC among management areas 
includes commercial fishery catch data as well as survey data. NMFS 
stock assessment scientists believe that the use of unbiased commercial 
fishery data reflecting catch-per-unit effort provides a desirable 
input for stock distribution assessments. The use of commercial fishery 
data is evaluated annually to assure that unbiased information is 
included in stock distribution models. The Council's recommendation for 
sablefish area apportionments also takes into account the prohibition 
on the use of trawl gear in the Southeast Outside (SEO) District of the 
Eastern GOA and makes available 5 percent of the combined Eastern GOA 
ABCs to trawl gear for use as incidental catch in other directed 
groundfish fisheries in the West Yakutat District.
    The AP and Council recommended that the ABC for Pacific cod in the 
GOA be apportioned among regulatory areas based on the three most 
recent NMFS summer trawl surveys. As in previous years, the Plan Team, 
SSC, and Council recommended that total removals of Pacific cod from 
the GOA not exceed ABC recommendations. Accordingly, the Council 
recommended that the TACs be adjusted downward from the ABCs by amounts 
equal to the 2003 guideline harvest levels (GHL) established for 
Pacific cod by the State of Alaska (State) for the state managed 
fishery in the GOA. The effect of the State's GHL on the Pacific cod 
TAC is discussed in greater detail below.
    For 2003, the Council recommended and NMFS proposed the ABCs listed 
in Table 1. These amounts reflect harvest amounts that are less than 
the specified overfishing amounts. The sum of the proposed 2003 ABCs 
for all assessed groundfish is 382,790 mt, which is lower than the 2002 
ABC total of 394,780 mt.

Specification and Apportionment of TAC Amounts

    The Council adopted the AP's proposals for the 2003 GOA TAC 
amounts. The Council recommended TACs that are equal to ABCs for 
pollock, deep-water flatfish, rex sole, sablefish, shortraker and 
rougheye rockfish, northern rockfish, Pacific Ocean perch, pelagic 
shelf rockfish, thornyhead rockfish, demersal shelf rockfish, and Atka 
mackerel. The Council-recommended TACs are less than the recommended 
ABCs for Pacific cod, flathead sole, shallow-water flatfish, arrowtooth 
flounder, and other rockfish.
    The apportionment of the annual pollock TAC among the Western and 
Central Regulatory Areas of the GOA reflects the seasonal biomass 
distribution and is discussed in greater detail below. The annual 
pollock TAC in the Western and Central Regulatory Areas of the GOA is 
divided into four equal seasonal apportionments. Twenty-five percent of 
the annual TAC in the Western and Central Regulatory Areas of the GOA 
will be apportioned among Statistical Areas 610, 620, and 630 to each 
season: the A season (January 20 through February 25), the B season 
(March 10 through May 31), the C season (August 25 through September 
15), and the D season (October 1 through November 1)(Sec.  
679.23(d)(3)(i) through (iv) and Sec.  679.20(a)(5)(ii)(C)).
    The 2003 Pacific cod TAC is affected by the State's developing 
fishery for Pacific cod in State waters in the Central and Western 
Regulatory Areas of the GOA, as well as Prince William Sound. The SSC, 
AP, and Council recommended that the sum of all State and Federal water 
Pacific cod removals should not exceed the ABC. Accordingly, the 
Council recommended that the Pacific cod TACs be reduced from ABC 
levels to account for State GHLs in each regulatory area of the GOA so 
that the TAC for (1) the Eastern GOA be lower than the ABC by 758 mt, 
(2) the Central GOA be lower than the ABC by 6,043 mt, and (3) the 
Western GOA be lower than the ABC by 4,926 mt. These amounts reflect 
the sum of

[[Page 76346]]

the State's 2003 GHLs in these areas which are 25 percent, 21.75 
percent, and 25 percent of the Eastern, Central, and Western GOA ABCs, 
respectively. These percentages are unchanged from 2002.
    NMFS is also establishing seasonal apportionments of the annual 
Pacific cod TAC in the Western and Central Regulatory Areas. Sixty 
percent of the annual TAC is apportioned to the A season for hook-and-
line, pot and jig gear from January 1 through June 10, and for trawl 
gear from January 20 through June 10. Forty percent of the annual TAC 
is apportioned to the B season for hook-and-line, pot and jig gear from 
September 1 through December 31 and for trawl gear from September 1 
through November 1 (Sec. Sec.  679.23(d)(4) and 679.20(a)(11)). These 
seasonal apportionments of the annual Pacific cod TAC are discussed in 
greater detail below.
    The FMP specifies that the amount for the ``other species'' 
category is calculated as 5 percent of the combined TAC amounts for 
target species. The proposed 2003 GOA-wide ``other species'' TAC is 
11,103 mt, which is 5 percent of the sum of the combined proposed TAC 
amounts (226,322 mt) of the other groundfish species for which the TAC 
is specified. The sum of the proposed TACs for all GOA groundfish is 
233,166 mt, which is within the OY range specified by the FMP. The sum 
of the 2003 proposed TACs is lower than the 2002 TAC sum of 237,890 mt.
    NMFS finds that the Council's recommendations for proposed OFL, 
ABC, and TAC amounts are consistent with the biological condition of 
groundfish stocks as adjusted for other biological and socioeconomic 
considerations, including maintaining the total TAC within the required 
OY range of 116,000 to 800,000 mt. The proposed 2003 ABCs, TACs, and 
OFLs are shown in Table 1.
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Proposed Apportionment of Reserves

    Regulations implementing the FMP require 20 percent of each TAC for 
pollock, Pacific cod, flatfish, and the ``other species'' category be 
set aside in reserves for possible apportionment at a later date (Sec.  
679.20(b)(2)). In 2002, NMFS reapportioned all of the reserves in the 
final harvest specifications. Between 1997 and 2000, NMFS retained the 
Pacific cod reserve to provide for a management buffer to account for 
excessive fishing effort and incomplete or late catch reporting. NMFS 
believes that the retention of reserve amounts no longer is necessary 
because estimates of catch and incidental catch needs in other directed 
fisheries have improved in recent years. For 2003, NMFS proposes 
reapportionment of all of the reserve for pollock, Pacific cod, 
flatfish, and ``other species''. Specifications of TAC shown in Table 1 
reflect proposed reapportionment of reserve amounts for these species 
and species groups.

Proposed Apportionments of the Sablefish TAC Amounts to Vessels Using 
Hook-and-Line and Trawl Gear

    Under Sec.  679.20(a)(4)(i) and (ii), sablefish TACs for each of 
the regulatory areas and districts of the GOA are allocated to hook-
and-line and trawl gear. In the Western and Central Regulatory Areas, 
80 percent of each TAC is allocated to hook-and-line gear and 20 
percent of each TAC is allocated to trawl gear. In the Eastern 
Regulatory Area, 95 percent of the TAC is allocated to hook-and-line 
gear and 5 percent is allocated to trawl gear. The trawl gear 
allocation in the Eastern Regulatory Area may only be used to support 
incidental catch of sablefish in directed fisheries for other target 
species. In recognition of the trawl ban in the SEO District of the 
Eastern Regulatory Area, the Council recommended and NMFS proposes that 
5 percent of the combined Eastern GOA sablefish TAC be allocated to 
trawl gear in the WYK District and the remainder to vessels using hook-
and-line gear. In the SEO District, 100 percent of the sablefish TAC is 
allocated to vessels using hook-and-line gear. This recommendation 
results in a proposed allocation of 280 mt to trawl gear and 1,830 mt 
to hook-and-line gear in the WYK District and 3,490 mt to hook-and-line 
gear in the SEO District. Table 2 shows the allocations of the proposed 
2003 sablefish TACs between hook-and-line gear and trawl gear.
[GRAPHIC] [TIFF OMITTED] TP12DE02.106

Proposed Apportionments of Pollock TAC Among Seasons and Regulatory 
Areas, and Allocations for Processing by Inshore and Offshore 
Components

    In the GOA, pollock is apportioned by season and area, and is 
further allocated for processing by inshore and offshore components. 
Under regulations at Sec.  679.20(a)(5)(ii)(C), the annual pollock TAC 
specified for the Western and Central Regulatory Areas of the GOA is 
apportioned into four equal seasonal allowances of 25 percent. As 
established by Sec.  679.23(d)(3), the A, B, C, and D season allowances 
are available from January 20 through February 25, from March 10 
through May 31, from August 25 through September 15, and from October 1 
through November 1, respectively.
    Pollock TACs in the Western and Central Regulatory Areas of the GOA 
in the A and B seasons are apportioned among statistical areas 610, 
620, and 630 in proportion to the distribution of pollock biomass as 
determined by a composite of NMFS winter surveys, and in the C and D 
seasons in proportion to the distribution of pollock biomass as 
determined by the four most recent NMFS summer surveys. Within any 
fishing year, underage or overage of a seasonal allowance may be added 
to or subtracted from subsequent seasonal allowances in a manner to be 
determined by the Regional Administrator, Alaska Region, NMFS, provided 
that the sum of a revised seasonal allowance does not exceed 30 percent 
of the annual TAC apportionment for the Central and Western Regulatory 
Areas in the GOA (Sec.  679.20(a)(5)(ii)(B)). For 2003, 30 percent of 
the proposed annual TAC for the Central and Western Regulatory Areas 
would be 15,187 mt. The WYK and SEO District pollock TACs of 1,165 mt 
and 6,460 mt, respectively, are not allocated seasonally.
    Regulations at Sec.  679.20(a)(6)(ii) require that 100 percent of 
the pollock TAC in all regulatory areas and all seasonal allowances 
thereof be allocated to vessels catching pollock for processing by the 
inshore component after subtraction of amounts that are projected by 
the Regional Administrator to be caught by, or delivered to, the 
offshore component incidental to directed fishing for other groundfish 
species. The amount of pollock available for harvest by vessels 
harvesting pollock for processing by the offshore component is that 
amount actually taken as incidental catch during directed fishing for 
groundfish species other than pollock, up to the maximum retainable 
amounts allowed under regulations at Sec.  679.20(e) and (f). At this 
time, these incidental catch amounts are unknown and will be determined 
during the fishing year.
    The proposed seasonal biomass distribution of pollock in the 
Western

[[Page 76351]]

and Central GOA, area apportionments, and seasonal apportionments for 
the A, B, C, and D seasons are summarized in Table 3, except that 
amounts of pollock for processing by the inshore and offshore component 
are not shown.
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Proposed Seasonal Apportionments of Pacific Cod TAC and Allocations for 
Processing of Pacific Cod TAC Between Inshore and Offshore Components

    Pacific cod fishing is divided into two seasons in the Western and 
Central Regulatory Areas of the GOA. For hook-and-line, pot and jig 
gear, the A season begins on January 1 and ends on June 10, and the B 
season begins on September 1 and ends on December 31. For trawl gear, 
the A season begins on January 20 and ends on June 10, and the B season 
begins on September 1 and ends on November 1, (Sec.  679.23(d)(4)). 
After subtraction of incidental catch, 60 percent and 40 percent of the 
annual TAC will be available for harvest during the A and B seasons, 
respectively, and will be apportioned between the inshore and offshore 
processing components as provided in 50 CFR 679.20(a)(6)(iii). Between 
the A and the B seasons, directed fishing for Pacific cod is closed and 
fishermen participating in other directed fisheries may retain Pacific 
cod up to the maximum retainable amounts allowed under regulations at 
Sec.  679.20(e) and (f). For purposes of clarification, NMFS points out 
that the A season and the B season Pacific cod fishery dates differ 
from those of the A, B, C, and D seasons for the pollock fisheries. In 
accordance with Sec.  679.20(a)(11)(ii), any overage or underage of 
Pacific cod harvest from the A season shall be subtracted from or added 
to the subsequent B season.
    Regulations at Sec.  679.20(a)(6)(iii) require that the TAC 
apportionment of Pacific cod in all regulatory areas be allocated to 
vessels catching Pacific cod for processing by the inshore and offshore 
components. Ninety percent of the Pacific cod TAC in each regulatory 
area is allocated to vessels catching Pacific cod for processing by the 
inshore component. The remaining 10 percent of the TAC is allocated to 
vessels catching Pacific cod for processing by the offshore component. 
These seasonal apportionments and allocations of the proposed Pacific 
cod TAC for 2003 are shown in Table 4.

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Proposed Pacific Halibut PSC Mortality Limits

    Under Sec.  679.21(d), annual Pacific halibut PSC limits are 
established and apportioned to trawl and hook-and-line gear and may be 
established for pot gear. In October 2002, the Council recommended, and 
NMFS proposes, to re-establish the 2002 halibut PSC limits of 2,000 mt 
for the trawl fisheries and 300 mt for the hook-and-line fisheries, 
with 10 mt of the hook-and-line limit allocated to the demersal shelf 
rockfish (DSR) fishery in the SEO District and the remainder to the 
remaining hook-and-line fisheries. The DSR fishery is defined at Sec.  
679.21(d)(4)(iii)(A) and historically has been apportioned this amount 
in recognition of its small scale harvests. Although observer data are 
not available to verify actual bycatch amounts given most vessels are 
less than 60 ft (18.3 m) length overall (LOA) and are exempt from 
observer coverage, halibut bycatch in the DSR fishery is assumed to be 
low because of the short soak times for the gear and the short duration 
of the DSR fishery. Also, the DSR fishery occurs in the winter when 
there is less of an overlap in the distribution of DSR and halibut.
    Regulations at Sec.  679.21(d)(4) authorize exemption of specified 
nontrawl fisheries from the halibut PSC limit. The Council recommended 
and NMFS proposes that pot gear, jig gear, and the hook-and-line 
sablefish fishery be exempted from the nontrawl halibut limit for 2003. 
The Council recommended and NMFS proposes these exemptions because of 
the low halibut bycatch mortality experienced in the pot gear fisheries 
(4 mt in 2001 and 2 mt in 2002) and because of the 1995 implementation 
of the sablefish and halibut Individual Fishing Quota (IFQ) program, 
which regulates the retention of legal-sized halibut in the sablefish 
fishery by persons holding IFQ permits for halibut. Halibut mortality 
for the jig gear fleet cannot be estimated because these vessels do not 
carry observers. However, halibut mortality is assumed to be very low 
given the small amount of groundfish harvested by jig gear (336 mt in 
2001 and 277 mt in 2002) and the assumed high survival rate of any 
halibut that are incidentally taken by jig gear and released.
    Under Sec.  679.21(d)(5), NMFS seasonally apportions the halibut 
PSC limits based on recommendations from the Council. The FMP and 
regulations require that the following information be considered by the 
Council and NMFS in seasonally apportioning halibut PSC limits: (1) 
Seasonal distribution of halibut, (2) seasonal distribution of target 
groundfish species relative to halibut distribution, (3) expected 
halibut bycatch needs on a seasonal basis relative to changes in 
halibut biomass and expected catch of target groundfish species, (4) 
expected bycatch rates on a seasonal basis, (5) expected changes in 
directed groundfish fishing seasons, (6) expected actual start of 
fishing effort, and (7) economic effects of establishing seasonal 
halibut allocations on segments of the target groundfish industry.
    The emergency rule establishing the final 2002 groundfish and PSC 
specifications (66 FR 956, January 8, 2002) summarizes Council and NMFS 
findings with respect to each of the FMP considerations set forth here. 
At this time, the Council's and NMFS' findings are unchanged from those 
set forth in 2002. Proposed Pacific halibut PSC limits, and 
apportionments thereof, are presented in Table 5. Regulations at Sec.  
679.21(d)(5)(iii) and (iv) specify that any overages or shortfalls in a 
seasonal apportionment of a PSC limit will be deducted from or added to 
the next respective seasonal apportionment within the 2003 fishing 
year.
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    Regulations at Sec.  679.21(d)(3)(ii), authorize the trawl halibut 
PSC limit to be further apportioned to trawl fishery categories, based 
on each category's proportional share of the anticipated halibut 
bycatch mortality during a fishing year and the need to optimize the 
amount of total groundfish harvest under the halibut PSC limit. The 
fishery categories for the trawl halibut PSC limits are: a deep-water 
species complex, comprised of sablefish, rockfish, deep-water flatfish, 
rex sole and arrowtooth flounder; and a shallow-water species complex, 
comprised of pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, and ``other species'' (Sec.  679.21(d)(3)(iii)). 
The proposed apportionment for these two fishery complexes is presented 
in Table 6.
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    Based on public comment and information contained in the final 2002 
SAFE report, which will be available in December 2002, the Council may 
recommend, or NMFS may make, some changes in the seasonal, gear-type, 
and fishing-complex apportionments of halibut PSC limits for the final 
2003 harvest specifications. NMFS will consider the following types of 
information in setting final halibut PSC limits.

(A) Estimated Halibut Bycatch in Prior Years

    The best available information on estimated halibut bycatch is data 
collected by observers during 2002. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gear through October 5, 
2002, is 1,810 mt, 206 mt, and 2 mt, respectively, for a total halibut 
mortality of 2,018 mt.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries during the 2002 fishing year. Trawling during the second 
season closed for the shallow-water complex on May 15 (67 FR 35448, May 
20, 2002) and for the deep-water fishery complex on May 24 (67 FR 
37726, May 30, 2002). Trawling during the third season closed for the 
shallow-water complex on August 5 (67 FR 51499, August 8, 2002) and for 
the deep-water fishery complex on August 2 (67 FR 51129, August 7, 
2002). Trawling during the fourth season closed for both the shallow-
water complex and the deep-water fishery complex on September 1 (67 FR 
55730, August 30, 2002, and 67 FR 56320, September 3, 2002). All 
trawling in the GOA closed (with the exception of pelagic trawl gear 
targeting pollock) for the remainder of the year on October 13 (67 FR 
64066, October 17, 2002).

(B) Expected Changes in Groundfish Stocks

    Proposed 2003 ABCs for sablefish and Pacific ocean perch are higher 
than those established for 2002. Proposed 2003 ABCs for Pacific cod, 
arrowtooth flounder, and northern rockfish are lower than those 
established for 2002. Proposed 2003 ABC levels for the remaining target 
species are unchanged from 2002. More information on these changes is 
included in the 2001 SAFE report (November 2001) and in the Council and 
SSC October 2002 meeting minutes.

(C) Expected Changes in Groundfish Catch

    The total of the proposed 2003 TACs for the GOA is 233,166 mt, a 
decrease of 2 percent from the 2002 TAC total of 237,638 mt. Those 
fisheries for which the 2003 TACs are lower than in 2002 are Pacific 
cod (decreased to 38,793 mt from 44,230 mt), northern rockfish 
(decreased to 4,700 mt from 4,980 mt), and other species (decreased to 
11,103 mt from 11,330 mt). Those species for which the 2003 TACs are 
higher than in 2002 are sablefish (increased to 13,930 mt from 12,820 
mt) and Pacific ocean perch (increased to 13,300 mt from 13,190 mt).

(D) Current Estimates of Halibut Biomass and Stock Condition

    The most recent halibut stock assessment was conducted by the 
International Pacific Halibut Commission (IPHC) in December 2001.

[[Page 76355]]

 The halibut resource is considered to be healthy, with total catch 
near record levels. The current exploitable halibut biomass for 2002 is 
estimated to be 273,950 mt. This is an increase from the estimate of 
249,007 mt in 2001.
    The exploitable biomass of the Pacific halibut stock apparently 
peaked at 326,520 mt in 1988. According to the IPHC, the long-term 
average reproductive biomass for the Pacific halibut resource is 
estimated at 118,000 mt. Long-term average yield is estimated at 26,980 
mt, round weight. The species is fully utilized. Recent average catches 
(1994-96) were 33,580 mt for the U.S. and 6,410 mt for Canada, for a 
combined total of 39,990 mt for the entire Pacific halibut resource. 
This catch is 48 percent higher than long-term potential yield, which 
reflects the good condition of the Pacific halibut resource. In January 
2002 the IPHC recommended commercial catch limits totaling 36,812 mt 
(round weight equivalents) for Alaska in 2002, down slightly from 
37,120 mt in 2001. Through October 11, 2002, commercial hook-and-line 
harvests of halibut in Alaska total 33,312 mt (round weight 
equivalents).
    The major changes in the 2001 assessment results were: a separate 
treatment of Areas 2A and 2B in the assessment, whereas they had been 
previously combined; the incorporation of additional survey information 
in Areas 2C and 3A; and a revision in the estimate of halibut habitat 
in all areas. The separation of Areas 2A and 2B and some computational 
changes resulted in increased estimates of exploitable biomass in both 
areas. Exploitable biomass was estimated to be slightly lower in Area 
2C and slightly higher in Area 3A as a result of these changes. 
Revisions of halibut habitat based on bottom areas were completed for 
all regulatory areas but the effect was minor, except in Area 4B, where 
the change resulted in an approximate 30 percent decrease in habitat.
    The outlook for the stock biomass over the near future is for a 
slow decline from the record high levels of recent years due to lower 
recruitment associated with unfavorable environmental conditions for 
halibut recruitment. However, the halibut biomass is still above the 
long-term average level and is expected to remain above this level for 
the next several years.
    Additional information on the Pacific halibut stock assessment may 
be found in the final 2001 SAFE report (November 2001) and in the 
IPHC's 2001 Pacific halibut stock assessment (December 2001). The 2002 
Pacific halibut stock assessment for 2003 will be considered by the 
IPHC at its January 2003 annual meeting in setting the 2003 commercial 
halibut fishery quotas.

(E) Other Factors

    The allowable commercial catch of halibut will be adjusted to 
account for the overall halibut PSC mortality limit established for the 
groundfish fisheries. The 2003 GOA groundfish fisheries are expected to 
use the entire proposed halibut PSC limit of 2,300 mt. The allowable 
directed commercial catch is determined by accounting for the 
recreational and subsistence catch, waste, and bycatch mortality and 
then providing the remainder to the directed fishery. Groundfish 
fishing is not expected to adversely affect the halibut stocks.
    Methods available for reducing halibut bycatch include:
    (1) reducing halibut bycatch rates through the Vessel Incentive 
Program; (2) modifications to gear; (3) changes in groundfish fishing 
seasons; (4) individual transferable quota programs; and (5) time/area 
closures.
    Reductions in groundfish TAC amounts provide no incentive for 
fishermen to reduce bycatch rates. Costs that would be imposed on 
fishermen as a result of reducing TAC amounts depend on the species and 
amounts of groundfish foregone.
    Trawl vessels carrying observers for purposes of complying with 
observer coverage requirements (Sec.  679.50) are subject to the Vessel 
Incentive Program. This program encourages trawl fishermen to avoid 
high halibut bycatch rates while conducting groundfish fisheries by 
specifying bycatch rate standards for various target fisheries.
    Current regulations (under Sec.  679.2, Definitions, Authorized 
fishing gear number (12)) specify requirements for biodegradable panels 
and tunnel openings for groundfish pots to reduce halibut bycatch. As a 
result, low bycatch and mortality rates of halibut in pot fisheries 
have justified exempting pot gear from PSC limits.
    The regulations also define pelagic trawl gear in a manner intended 
to reduce bycatch of halibut by displacing fishing effort off the 
bottom of the sea floor when certain halibut bycatch levels are reached 
during the fishing year. The definition provides standards for physical 
conformation (Sec.  679.2, see Authorized fishing gear number (11)) and 
performance of the trawl gear in terms of crab bycatch (Sec.  
679.7(a)(14)). Furthermore, all hook-and-line vessel operators are 
required to employ careful release measures when handling halibut 
bycatch (Sec.  679.7(a)(13)). These measures are intended to reduce 
handling mortality, thereby possibly lowering overall halibut bycatch 
mortality in groundfish fisheries, and to increase the amount of 
groundfish harvested under the available halibut mortality bycatch 
limits.
    The sablefish/halibut IFQ program (implemented in 1995) was 
intended, in part, to reduce the halibut discard mortality in the 
sablefish fishery.
    Consistent with the goals and objectives of the FMP to reduce 
halibut bycatch while providing an opportunity to harvest the 
groundfish OY, NMFS proposes the assignments of 2,000 mt and 300 mt of 
halibut PSC limits to trawl and hook-and-line gear, respectively. While 
these limits would reduce the harvest quota for commercial halibut 
fishermen, NMFS has determined that they would not result in unfair 
allocation to any particular user group as these PSCs establish an 
upper limit on the impact of the groundfish fisheries on the commercial 
halibut fishery in the GOA. NMFS recognizes that some halibut bycatch 
will occur in the groundfish fishery, but the Vessel Incentive Program, 
required modifications to gear, and implementation of the halibut/
sablefish IFQ program are intended to reduce adverse impacts on halibut 
fishermen while promoting the opportunity to achieve the OY from the 
groundfish fishery. NMFS and the Council will review the methods 
available for reducing halibut bycatch listed here to determine their 
effectiveness, and will initiate changes, as necessary, in response to 
this review or to public testimony and comment.

Halibut Discard Mortality Rates

    The Council recommended, and NMFS proposes, that the halibut 
discard mortality rates (DMRs) recommended by the staff of the IPHC for 
the 2002 GOA groundfish fisheries be used to monitor halibut bycatch 
mortality limits established for the 2003 GOA groundfish fisheries. The 
IPHC recommended use of long-term average DMRs for the 2001-2003 
groundfish fisheries. The IPHC recommendation also includes a provision 
that DMRs could be revised should analysis indicate that a fishery's 
annual DMR diverges substantially (up or down) from the long-term 
average. Most of the DMRs were based on an average of mortality rates 
determined from NMFS observer data collected between 1990 and 1999. 
DMRs were lacking for some fisheries, so rates from the most recent 
years were used. For the ``other species'' fishery, where insufficient 
mortality data are available, the mortality rate of halibut caught in 
the Pacific cod fishery

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for that gear type was recommended as a default rate. The DMRs proposed 
for 2003 are unchanged from those used in 2002 in the GOA. The proposed 
DMRs for hook-and-line targeted fisheries range from 8 to 24 percent. 
The proposed DMRs for trawl targeted fisheries range from 58 to 72 
percent. The proposed DMRs for all pot targeted fisheries is 14 
percent. The proposed 2003 DMRs are listed in Table 7.
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Non-exempt AFA Catcher Vessel Groundfish Harvest and PSC Limitations

    Regulations that will be effective with the final rule to implement 
major provisions of the AFA in the GOA would place groundfish 
harvesting and processing limitations, also called sideboards, on AFA 
catcher/processors and catcher vessels in the GOA. These limitations 
are necessary to protect the interests of fishermen and processors who 
have not directly benefitted from the AFA from fishermen and processors 
who have received exclusive harvesting and processing privileges under 
the AFA. Under the AFA regulations, unrestricted AFA catcher/processors 
(Sec.  679.4(l)(2)(i)) are prohibited from fishing for any species of 
fish (Sec.  679.7(k)(1)(ii)) and from processing any groundfish 
harvested in Statistical Area 630 of the GOA (Sec.  679.7(k)(1)(iv)). 
The Council recommended that certain AFA catcher vessels in the GOA be 
exempt from groundfish harvest limitations. The AFA regulations would 
exempt AFA catcher vessels in the GOA less than 125 ft (38.1 m) LOA 
whose annual BSAI pollock landings totaled less than 5,100 mt and that 
made 40 or more GOA groundfish landings from 1995 through 1997 (Sec.  
679.63(b)(1)(i)(B)).
    For non-exempt AFA catcher vessels in the GOA, harvest limitations 
are based upon their traditional harvest levels of TAC in groundfish 
fisheries covered by the GOA FMP. The AFA regulations would base the 
groundfish harvest limits in the GOA on the retained catch of non-
exempt AFA catcher vessels of each sideboard species from 1995 through 
1997 divided by the TAC for that species over the same period (Sec.  
679.63(b)(1)(ii)(C)). These amounts are listed in Table 8. All harvests 
of sideboard species made by non-exempt AFA catcher vessels, whether as 
targeted catch or incidental catch, would be deducted from the 
sideboard limits in Table 8.
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    Regulations that will be effective with the final rule to implement 
major provisions of the AFA provide that PSC bycatch limits for non-
exempt AFA catcher vessels in the GOA are based upon the ratio of 
aggregate retained groundfish catch by non-exempt AFA catcher vessels 
in each PSC target category from 1995 through 1997 relative to the 
retained catch of all vessels in that fishery from 1995 through 1997 
(Sec.  679.63(b)(1)(iii)). These amounts are shown in Table 9.

[[Page 76361]]

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Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    Pursuant to section 7 of the Endangered Species Act (ESA), NMFS has 
initiated consultation on the effects of the 2003 harvest 
specifications on listed species, including the Steller sea lion, and 
designated critical habitat. This consultation will be completed in 
December 2002 before the start of the 2003 groundfish fishery. This 
consultation cannot be completed until new fishery information is 
available in late November.
    NMFS prepared a draft EA that describes the impacts on the human 
environment that would result from implementation of the proposed 
harvest specifications. A final EA that describes the impacts on the 
human environment that will result from implementation of the final 
2003 harvest specifications will be prepared after the public comment 
period and after the December 2002 Council meeting. The final EA will 
also incorporate the findings of the section 7 consultations under the 
ESA on the 2003 harvest specifications.
    NMFS prepared an IRFA for this action in accordance with the 
provisions of the Regulatory Flexibility Act of 1980, as amended by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
603(b)). This IRFA evaluated the effects of the proposed specifications 
on regulated small entities. The reasons for the action, a statement of 
the objectives of the action, and the legal basis for the proposed 
rule, are discussed earlier in the preamble.
    The small entities affected by this action are those that harvest 
fish under the terms of the specifications in the GOA. The IRFA 
identified 1,264 small catcher vessels and 16 small catcher/processors. 
Data on operating costs for these entities does not exist, so it is 
impossible to make estimates of net returns or cash flow. Changes in

[[Page 76362]]

estimated first wholesale gross revenues between the proposed 2003 
specifications and estimated 2002 gross revenues (used as a baseline) 
were used as an index of adverse impact on small entities. The 
preferred alternative was found to have estimated aggregate gross 
revenues very similar to those in 2002. Therefore, this alternative was 
not found to have an adverse impact.
    No projected additional reporting, recordkeeping and other 
compliance requirements exist in the proposed rule. No relevant Federal 
rules exist that may duplicate, overlap or conflict with the proposed 
rule.
    The preferred alternative was compared to the four other 
alternatives usually evaluated during the specifications process. These 
alternatives are defined by the use of different harvest rates (F 
values). The other alternatives are, (a) Set F equal to maxFABC , (b) 
Set F equal to 50 percent of maxFABC, (c) Set F equal to the most 
recent five year average actual F, and (d) Set F equal to zero. The 
preferred alternative was associated with gross revenues very similar 
to those of alternative (a). The model was unable to discern a 
meaningful difference. The preferred alternative was found to generate 
gross revenues larger than those for alternatives (b), (c), and (d). 
Three of the alternatives examined, therefore, were found to have an 
adverse impact. The fourth was found, like the proposed specifications, 
to have no adverse impact.

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

    Dated: December 6, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-31368 Filed 12-11-02; 8:45 am]
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