[Federal Register Volume 67, Number 243 (Wednesday, December 18, 2002)]
[Rules and Regulations]
[Pages 77439-77441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31696]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 112902A]


Fisheries of the Exclusive Economic Zone off Alaska; Bycatch Rate 
Standards for the First Half of 2003

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 2003. 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, 
2003, through 2400 hours, A.l.t., June 30, 2003. Comments on this 
action must be received at the following address no later than 4:30 
p.m., A.l.t., January 2, 2003.

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 907-586-7557. Courier 
or hand delivery of comments may be made to NMFS in the Federal 
Building, Room 453, Juneau, AK 99801. Comments will not be accepted if 
submitted via e-mail or Internet.

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 the VIP to reduce halibut 
and red king crab bycatch rates in the groundfish trawl fisheries. 
Under the incentive program, operators of trawl vessels must not exceed 
Pacific halibut bycatch rate standards specified for the BSAI and GOA 
midwater pollock and ``other trawl'' fisheries and the BSAI yellowfin 
sole and ``bottom pollock'' fisheries. Vessel operators also must not 
exceed red king crab bycatch rate standards specified for the BSAI 
yellowfin sole and ``other trawl'' fisheries in Bycatch Limitation Zone 
1 (defined in Sec.  679.2). The fisheries included under the incentive 
program are defined in regulations at Sec.  679.21(f)(2).
    Regulations at Sec.  679.21(f)(3) require that halibut and red king 
crab bycatch rate standards for each fishery included under the 
incentive program be published in the Federal Register. The standards 
are in effect for specified seasons within the 6-month periods of 
January 1 through June 30, and July 1 through December 31. Because the 
Alaskan groundfish fisheries are closed to trawling from January 1 to 
January 20 of each year (Sec.  679.23(c)), the Administrator, Alaska 
Region, NMFS (Regional Administrator) is promulgating bycatch rate 
standards for the first half of 2003 effective from January 20, 2003, 
through June 30, 2003.
    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. Sec.  679.21(d) and (e);
    (D) Anticipated groundfish harvests for that fishery;
    (E) Anticipated seasonal distribution of fishing effort for 
groundfish; and
    (F) Other information and criteria deemed relevant by the Regional 
Administrator.
    At its October 2002 meeting, the Council reviewed Pacific halibut 
and red king crab bycatch rates experienced by vessels participating in 
the fisheries under the incentive program during

[[Page 77440]]

1998 2002. The Council recommended that the same rates used in the 
first half of 2002 be used for the first half of 2003. 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 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). 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 2003 FOR PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI
                                AND GOA.
------------------------------------------------------------------------
                                                            2003 bycatch
                    Fishery and quarter                         rate
                                                              standard
------------------------------------------------------------------------
 Halibut bycatch rate standards(kilogram (kg) of halibut/metric ton (mt)
                          of groundfish catch)
 
BSAI Midwater pollock                                               1.0
Qt 1                                                                1.0
Qt 2
BSAI Bottom pollock                                                 5.0
Qt 1                                                                5.0
Qt 2
BSAI Yellowfin sole                                                 5.0
Qt 1                                                                5.0
Qt 2
BSAI Other trawl                                                   30.0
Qt 1                                                               30.0
Qt 2
GOA Midwater pollock                                                1.0
Qt 1                                                                1.0
Qt 2
GOA Other trawl                                                    40.0
Qt 1                                                               40.0
Qt 2
    Zone 1 red king crab bycatch rate standards (number of crab/mt of
                            groundfish catch)
 
BSAI yellowfin sole                                                 2.5
Qt 1                                                                2.5
Qt 2
GOA Other trawl                                                     2.5
Qt 1                                                                2.5
Qt 2
------------------------------------------------------------------------

Bycatch Rate Standards for Pacific Halibut

    The Regional Administrator based standards for the first half of 
2003 on the anticipated seasonal fishing effort for groundfish species 
and on the 1998 2002 halibut bycatch rates observed in the trawl 
fisheries included under the vessel incentive program. In 2002, the 
BSAI pollock A season was January 20 through June 10 and the pollock 
fisheries for processing by the inshore and offshore components ended 9 
weeks prior to June 10. Directed fishing for pollock for processing by 
the inshore and offshore components reopened June 10, the start of the 
2002 pollock B season. Also, the community development quota (CDQ) 
pollock fishery ended 10 weeks before the end of the A season and did 
not resume until mid-July. In 2003, the proposed A season allowance for 
Bering Sea pollock (40 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 2003 pollock season likely will be 
reached before June 10. In the GOA, the 2003 proposed pollock fishery 
seasons will be from January 20 to February 25 for the ``A'' season and 
from March 10 to May 31 for the ``B'' season.
    As in past years, the halibut bycatch rate standard recommended for 
the BSAI and GOA midwater pollock fisheries (1 kg halibut/mt of 
groundfish) is higher than the bycatch rates normally experienced by 
vessels participating in these fisheries. The average halibut bycatch 
rates for the BSAI 2002 first and second calendar quarter fisheries are 
equal to 0.08 and 0.05 kg halibut/mt groundfish, respectively, and the 
average halibut bycatch rates for the GOA 2002 first calendar quarter 
fishery is equal to 0.02 kg halibut/mt groundfish. In the GOA, directed 
fishing for pollock did not occur in the second calendar quarters of 
2001 or 2002. Thus, the incidental catch rates of halibut during this 
time period in 2001 and 2002 are zero. 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 
when engaged in directed fishing for non-CDQ pollock in the BSAI (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 the bottom pollock 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 2002 first and 
second calendar quarter fisheries equal to 0.68 and 0.00 kg halibut/mt 
groundfish, respectively.
    Other factors that could affect the spatial and temporal 
distribution of directed fishing for pollock 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 2002 showed an average 
bycatch rate of 5 and 13 kg halibut/mt of groundfish, respectively. 
These rates are similar to rates experienced in past years. The 
Council's recommendation to use the same bycatch rates in 2003 as was 
used in 2002 would continue bycatch rate standards that represent an 
acceptable level of halibut bycatch in the yellowfin sole fishery while 
encouraging vessel operators to continue efforts to avoid unacceptably 
high halibut bycatch rates while participating in this 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 2002 BSAI ``other trawl'' fishery show first 
and second quarter halibut bycatch rates of 10 and 26 kg halibut/mt of 
groundfish, respectively. Observer data collected from the 2002 GOA 
``other trawl'' fishery show first and second quarter halibut bycatch 
rates of 20 and 61 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 for the 
first half of the year 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

[[Page 77441]]

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 devices as a means to reduce groundfish 
discard amounts or who are forced to fish in different seasons or 
fishing grounds under measures implemented to mitigate fishing impacts 
on Steller sea lions and their critical habitat.

Bycatch Rate Standards for Red King Crab

    For the BSAI yellowfin sole and ``other trawl'' fisheries in Zone 1 
of the Bering Sea subarea, the Council's recommended red king crab 
bycatch rate standard is 2.5 crab/mt of groundfish. This standard is 
unchanged since 1992. The red king crab bycatch rates experienced by 
the BSAI yellowfin sole fishery in Zone 1 for the first and second 
quarters of 2002 average 0.47 and 1.76 crab/mt of groundfish, 
respectively. Although these rates are lower than the standards, these 
rates are 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 2002 were 0.12 
and 0.72 crab/mt groundfish, respectively. The trawl closures in Zone 1 
that were implemented to reduce red king crab bycatch are one of the 
primary reasons the red king crab bycatch rates remain below the 
standards.
    For the period January through October 2002, the total bycatch of 
red king crab by trawl vessels fishing in Zone 1 is estimated at 89,944 
crab, less than the 97,000 red king crab bycatch limit established for 
the trawl fisheries in Zone 1. NMFS anticipates that the 2003 red king 
crab bycatch in Zone 1 will be similar to 2002 because the crab bycatch 
reduction measures will remain the same.
    In spite of anticipated 2003 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 that 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 2003 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 consideration of the information 
set forth at Sec.  679.21(f)(4).
    As required in regulations at Sec. Sec.  679.2 and 679.21(f)(5), 
the 2003 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 1;
    Month 2: February 2 through March 1;
    Month 3: March 2 through March 29;
    Month 4: March 30 through May 3;
    Month 5: May 4 through May 31;
    Month 6: June 1 through June 28;
    Month 7: June 29 through August 2;
    Month 8: August 3 through August 30;
    Month 9: August 31 through September 27;
    Month 10: September 28 through November 1;
    Month 11: November 2 through November 29; and
    Month 12: November 30 through December 31.

Classification

    This action is taken under 50 CFR 679.21(f) and is exempt from 
Office of Management and Budget review under Executive Order 12866.
    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 
unnecessary. With the exception of the first quarter BSAI bottom 
pollock halibut bycatch rate standard that was changed in January 2001, 
all the first and second quarter halibut and red king crab bycatch rate 
standards have remained unchanged since the start of the 1994 fishing 
year. NMFS has not received any written comments on these rate 
standards during public comment opportunities and did not receive any 
comments from the public at the council's October 2002 meeting.

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

    Dated: December 10, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-31696 Filed 12-17-02; 8:45 am]
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