[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Proposed Rules]
[Pages 60076-60084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30045]
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DEPARTMENT OF COMMERCE
50 CFR Part 679
[Docket No. 961107312-6312-01; I.D. 102296B]
RIN 0648-XX69
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Fishery of the Bering Sea and Aleutian Islands; Proposed 1997 Harvest
Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 1997 initial specifications for groundfish and
associated management measures; request for comments.
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SUMMARY: NMFS proposes 1997 initial harvest specifications, prohibited
species bycatch allowances, and associated management measures for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits and
associated management measures for groundfish during the 1997 fishing
year. The intended effect of this action is to conserve and manage the
groundfish resources in the BSAI and to provide an opportunity for
public participation in the annual groundfish specification process.
DATES: Comments must be received by December 23, 1996.
ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802-1668, Attn: Lori Gravel.
The preliminary 1997 Stock Assessment and Fishery Evaluation (SAFE)
report, dated September 1996, is available from the North Pacific
Fishery Management Council, West 4th Avenue, Suite 306, Anchorage, AK
99510-2252 (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, NMFS, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Groundfish fisheries in the BSAI are governed by Federal
regulations at 50 CFR part 679 that implement the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Island
Area (FMP). The FMP was prepared by the North Pacific Fishery
Management Council (Council) and approved by NMFS under the Magnuson
Fishery Conservation and Management Act.
The FMP and implementing regulations require NMFS, after
consultation with the Council, to specify annually the total annual
catch (TAC) for each target species and the ``other species'' category,
the sum of which must be within the optimum yield (OY) range of 1.4
million to 2.0 million metric tons (mt) (Sec. 679.20(a)(1)(i)).
Regulations under Sec. 679.20(c)(1) further require NMFS to publish
annually and solicit public comment on proposed annual TACs, prohibited
species catch (PSC) allowances, seasonal allowances of the pollock TAC,
and amounts for the pollock and sablefish Community Development Quota
(CDQ) reserve. The proposed specifications set forth in Tables 1-8 of
this action satisfy these requirements. For 1997, the sum of proposed
TAC amounts is 1,943,190 mt. Under Sec. 679.20(c)(3), NMFS will publish
the final annual specifications for 1997 after considering: (1)
Comments received within the comment period (see DATES), and (2)
consultations with the Council at its December 1996 meeting.
Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of
each proposed initial TAC (ITAC) amount and apportionment thereof, one-
fourth of each PSC allowance established under Sec. 679.21, and the
first seasonal allowances of pollock become effective 0001 hours,
Alaska local time (A.l.t.), January 1, on an interim basis and remain
in effect until superseded by the final harvest specifications, which
will be published in the Federal Register.
NMFS is publishing, in the Rules and Regulations section of this
issue of the Federal Register, interim TAC specifications and
apportionments thereof for the 1997 fishing year, which will become
available 0001 hours, A.l.t. January 1, 1997, and remain in effect
until superseded by the final 1997 harvest specifications.
Proposed Acceptable Biological Catch (ABC) and TAC Specifications
The proposed ABC and TAC for each species are based on the best
available biological and socioeconomic information. The Council, its
Advisory Panel (AP), and its Scientific and Statistical Committee (SSC)
reviewed current biological information about the condition of
groundfish stocks in the BSAI at their September 1996 meeting. This
information was compiled by the Council's BSAI Groundfish Plan Team
(Plan Team) and is presented in the preliminary 1997 SAFE report for
the BSAI groundfish fisheries, dated September 1996. 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 BSAI ecosystem and the economic condition of
groundfish fisheries off Alaska. From these data and analyses, the Plan
Team estimates an ABC for each species category. The preliminary 1997
SAFE report will be updated to include information collected during
1996 resource assessment surveys. Revised stock assessments will be
made available by the Plan Team in November 1996 and included in the
final 1997 SAFE report.
The proposed ABC amounts adopted by the Council for the 1997
fishing year are based on the best available scientific information,
including projected biomass trends, information on assumed distribution
of stock biomass, and revised technical methods used to calculate stock
biomass. The proposed ABCs also are based upon proposed new definitions
for ABC and overfishing levels, which were adopted by the Council at
its June 1996 meeting under Amendment 44 to the FMP. A notice of
availability of Amendment 44 was published in the Federal Register
October 17, 1996 (61 FR 54145), that describes the proposed new
definitions. In general, these proposed definitions involve
sophisticated statistical analyses of fish populations and are based on
a successive series of six levels, or tiers, of reliable information
available to fishery scientists. ABC and overfishing levels are
determined according to the tier that best characterizes the available
information. Although Amendment 44 has yet to be approved by NMFS, the
Plan Team adopted preliminary ABCs based on the proposed definitions
to: (1) Compensate for uncertainty in status of stocks by establishing
fishing mortality rates more conservatively as biological parameters
become more imprecise, (2) relate fishing mortality rates directly to
biomass for stocks below target abundance levels, and (3) maintain a
buffer between ABC and the overfishing level. The revised definitions
result in lower exploitation rates and ABCs for most species, although
biomass estimates generally are unchanged. Details of the Plan Team's
[[Page 60077]]
recommendations for preliminary 1997 overfishing and ABC amounts for
each species are provided in the preliminary 1997 SAFE report. This
report is available from the Council (see ADDRESSES). At its September
1996 meeting, the Council's SSC reviewed the Plan Team's preliminary
recommendations for 1997 ABC amounts. The SSC concurred in the Plan
Team's recommendations except for pollock, Greenland turbot, and Atka
mackerel. The SSC's revisions to the ABC amounts for these three
species are discussed below.
Bering Sea pollock. The Plan Team had recommended an ABC equal to
1.29 million mt. However, the SSC expressed concern regarding the
projected recruitment used to derive this ABC and instead proposed an
ABC based on a lower recruitment. The resulting ABC of 1.19 million mt
is based on the Plan Team's estimated biomass of 7.36 million mt and an
F40% exploitation rate (16.2 percent).
Bogoslof pollock. The 1996 Bogoslof pollock survey estimated a
biomass of 680,000 mt compared to the 1995 biomass estimate of 1.1
million mt. The Plan Team had recommended an ABC of 150,000 mt based on
an F40% exploitation rate (22 percent). Given the apparent decline
in biomass, however, the SSC recommended the Bogoslof ABC be reduced by
the ratio of the current biomass to target biomass (assumed to be 2
million mt). The resulting ABC (150,000 mt)(.68/2) is 51,000 mt.
Aleutian Islands pollock. The SSC revised the preliminary 1997
Aleutian Islands pollock biomass to 142,505 mt from the Plan Team's
87,200 mt. This increase was based on the SSC's recommendation that
biomass estimated for the eastern Aleutian Islands (Unalaska-Unimak
area) be included in the Aleutian Islands biomass estimate, as done in
previous years. The SSC's 1997 preliminary ABC is calculated using the
expanded biomass and the 28 percent exploitation rate recommended by
the Plan Team. The resulting ABC of 39,900 mt is an increase from the
24,400 mt ABC recommended by the Plan Team.
Greenland turbot. The SSC endorsed the Plan Team's ABC for
Greenland turbot (17,000 mt). Last year, however, the SSC recommended
that this ABC amount be phased in over a 3-year period to allow the
possibility of conducting joint industry/NMFS assessment surveys of the
Bering Sea slope and Aleutian Islands. Results of these surveys would
allow for a refinement of the stock abundance estimates prior to fully
increasing the ABC to 17,000 mt. Given that 1997 is the second year in
the 3-year phase-in period, the SSC recommended a 1997 ABC of 13,700 mt
based on the estimated biomass of 67,000 mt and an exploitation rate of
0.204. The SSC concurred in the Plan Team's recommendation that the ABC
be split so that two-thirds of the TAC is apportioned to the eastern
Bering Sea and one-third is apportioned to the Aleutian Islands.
Atka mackerel. The SSC recommended that an ABC range of 66,700 mt-
90,600 mt be proposed for Atka mackerel, with the Plan Team's
recommended ABC being the lower end of the range. The upper end of the
range is calculated as the 1996 ABC (116,000 mt) discounted by the
estimated 78 percent relative decrease in exploitable biomass from 1996
to 1997. The upper end of the range is consistent with the use of
spawning biomass calculated at the beginning of the year, rather than
using the Plan Team's spawning biomass estimated during the month of
peak spawning (August). Prior to accepting the Plan Team's approach,
the SSC recommended that the Plan Team further assess the advantages
and disadvantages of using estimated spawning biomass at these two
times of the year in deriving F40% rates, given the apparent
disparity between the resulting ABCs.
The Council adopted the proposed overfishing and ABC amounts
recommended by the SSC (Table 1).
Specification and Apportionment of TAC Amounts
The Council adopted the AP's proposals for the 1997 BSAI TAC
amounts. For each species, this amount equals the lesser of either the
1996 TAC or the SSC's recommended 1997 ABC. NMFS finds that the
recommended proposed 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 1.4-2.0 million mt.
Except for the hook-and-line and pot gear allocation of sablefish,
each species' TAC initially is reduced by 15 percent to establish the
ITAC for each species (Sec. 679.20(b)(1)(i)). The sum of the 15-percent
amounts is the reserve. One half of the pollock TACs placed in reserve
is designated as a CDQ reserve for use by CDQ participants
(Sec. 679.31(a)(1)). The remainder of the reserve is not designated by
species or species group, and any amount of the reserve may be
reapportioned to a target species or the ``other species'' category
during the year, providing that such reapportionments do not result in
overfishing.
Table 1 lists the proposed 1997 ABC, TAC, and ITAC amounts,
overfishing levels, and initial apportionments of groundfish in the
BSAI. The apportionment of TAC amounts among fisheries and seasons is
discussed below. These proposed specifications are subject to change as
a result of public comment, analysis of the current biological
condition of the groundfish stocks, and new information regarding the
fishery, and consultation with the Council at its December meeting.
Table 1.--Proposed 1997 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and
Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area \1\
----------------------------------------------------------------------------------------------------------------
Over-fishing
Species ABC TAC ITAC\2\ \3\ level
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Pollock:
Bering Sea (BS).......................... 1,190,000 1,190,000 1,011,500 1,460,000
Aleutian Islands (AI).................... 39,900 35,600 30,260 47,000
Bogoslof District........................ 51,000 1,000 850 121,000
Pacific cod.................................. 255,000 255,000 216,750 347,000
Sablefish Total:
BS....................................... 790 790 336 1,170
AI....................................... 890 890 189 1,320
Atka mackerel TOTAL.......................... 66,700-90,600 66,700 56,695 81,600-109,300
Western AI............................... ..................... 32,200 27,370 ................
Central AI............................... ..................... 19,500 16,575 ................
Eastern AI/BS............................ ..................... 15,000 12,750 ................
[[Page 60078]]
Yellowfin sole............................... 235,000 200,000 170,000 342,000
Rock sole.................................... 296,000 70,000 59,500 433,000
Greenland turbot TOTAL....................... 13,700 7,000 5,950 25,100
BS....................................... 9,180 4,690 3,987 ................
AI....................................... 4,520 2,310 1,963 ................
Arrowtooth flounder.......................... 105,000 9,000 7,650 162,000
Flathead sole................................ 97,100 30,000 25,500 140,000
Other flatfish \4\........................... 84,000 35,000 29,750 120,000
Pacific ocean perch
BS....................................... 1,550 1,550 1,318 2,380
AI Total................................. 12,200 12,100 10,285 27,300
Western AI............................. 6,100 6,050 5,143 ................
Central AI............................. 3,050 3,025 2,571 ................
Eastern AI............................. 3,050 3,025 2,571 ................
Other red rockfish:\5\.......................
BS....................................... 1,050 1,050 893 1,400
Sharpchin/Northern:
AI....................................... 4,360 4,360 3,706 5,810
Shortraker/Rougheye:
AI....................................... 938 938 797 1,250
Other rockfish:\6\
BS....................................... 373 373 317 497
AI....................................... 714 714 607 952
Squid........................................ 1,970 1,000 850 2,620
Other Species \7\............................ 25,800 20,125 17,106 137,000
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TOTALS................................. 2,484,035-2,507,935 1,943,190 1,650,809 ................
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\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) area
unless otherwise specified. With the exception of pollock, and for the purpose of these specifications, the BS
includes the Bogoslof District.
\2\ Except for the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC
is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these
reserves. One-half of the amount of the pollock TACs placed in reserve, or 7.5 percent of the TACs, is
designated as a CDQ reserve for use by CDQ participants (See Sec. 679.31(a)(1)).
\3\ Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ
participants (See Sec. 679.31(c)). Regulations at Sec. 679.20(b)(1) do not provide for the establishment of
an ITAC for the hook-and-line and pot gear allocation for sablefish. The ITAC for sablefish reflected in Table
1 is for trawl gear only.
\4\ ``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species), flathead
sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.
\5\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.
\6\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,
northern, shortraker, and rougheye.
\7\ ``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus.
Seasonal Allowances of Pollock TACs
Under Sec. 679.20(a)(5)(i)(A), the pollock TAC for each subarea or
district of the BSAI is divided, after subtraction of reserves
(Sec. 679.20(b)(1)), into two seasonal allowances. The first allowance
is available for directed fishing from January 1 to April 15 (roe
season) and the second allowance is available from September 1 until
November 1 (non-roe season).
The Council proposed that the seasonal allowances for the Bering
Sea pollock roe and non-roe seasons be specified at 45 percent and 55
percent of the ITAC amounts, respectively (Table 2). These percentages
are unchanged since 1993. As in past years, the pollock TAC amounts
specified for the Aleutian Islands subarea and the Bogoslof District
would not be seasonally apportioned. When specifying seasonal
allowances of the pollock TAC, the Council and NMFS considered the
factors specified in section 14.4.10 of the FMP. A discussion of these
factors relative to the roe and non-roe seasonal allowances was
presented in the proposed 1995 specifications for BSAI groundfish (59
FR 64383, December 14, 1994). At this time, the Council's findings are
unchanged from those set forth for 1995, given that the relative
seasonal allowances are the same.
Apportionment of the Pollock TAC to the Inshore and Offshore
Components
Regulations at Sec. 679.20(a)(6)(i) require that the proposed
pollock ITAC amounts specified for the BSAI be allocated 35 percent to
vessels catching pollock for processing by the inshore component and 65
percent to vessels catching pollock for processing by the offshore
component. Definitions of these components are found at Sec. 679.2. The
proposed 1997 ITAC specifications are consistent with these
requirements (Table 2).
Table 2.--Proposed Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts
\1\ \2\
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Roe Non-roe
Subarea TAC ITAC\3\ season\4\ season5
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Bering Sea:
Inshore................................................. ........... 354,025 159,311 194,714
[[Page 60079]]
Offshore................................................ ........... 657,475 295,864 361,611
1,190,000 1,011,500 455,175 556,325
Aleutian Islands:
Inshore................................................. ........... 10,591 10,591 (\6\)
Offshore................................................ ........... 19,669 19,669 (\6\)
35,600 30,260 30,260 (\6\)
Bogoslof:
Inshore................................................. ........... 298 298 (\6\)
Offshore................................................ ........... 552 552 (\6\)
1,000 850 850 (\6\)
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\1\ TAC=total allowable catch.
\2\ Based on an offshore component allocation of 0.65(ITAC) and an inshore component allocation of 0.35(ITAC).
\3\ ITAC=initial TAC=0.85 of TAC.
\4\ January 1 through April 15--based on a 45/55 split (roe=45 percent).
\5\ September 1 until November 1--based on a 45/55 split (non-roe=55 percent).
\6\ Reminder.
Apportionment of the Pollock TAC to the Western Alaska Community
Development Quota
Regulations at Sec. 679.31(a)(1) require one-half of the pollock
TAC placed in the reserve for each subarea or district, or 7.5 percent
of each TAC, be assigned to a CDQ reserve for each subarea or district.
The proposed 1997 CDQ reserve amounts for each subarea are as follows:
------------------------------------------------------------------------
BSAI subarea Pollock CDQ
------------------------------------------------------------------------
Bering Sea................................................. 89,250 mt
Aleutian Islands........................................... 2,670 mt
Bogoslof................................................... 75 mt
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Total................................................ 91,995 mt
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Under regulations governing the CDQ program at subpart C of part
679, NMFS may allocate the 1997 pollock CDQ reserves to eligible
Western Alaska communities or groups of communities that have an
approved community development plan (CDP). NMFS has approved six CDPs
and associated percentages of the CDQ reserve for each CDP recipient
for 1996-98 (60 FR 66516, December 22, 1995). Table 3 lists the
approved CDP recipients and each recipient's allocation of the proposed
1997 pollock CDQ reserve for each subarea.
Table 3.--Approved Shares (Percentages) and Resulting Allocations and Seasonal Allowances (Metric Tons) of the
Proposed 1997 Pollock CDQ Reserve Specified for the Bering Sea (BS) and Aleutian Islands (AI) Subareas, and the
Bogoslof District (BD) Among Approved CDP Recipients
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Roe-season
CDP recipient Percent Area Allocation allowance
---------------------------------------------------------------------------------------------------------\1\----
Aleutian Pribilof.......................... 16 BS 14,280 6,426
Island Community....................... ........... AI 427 427
Development Assn....................... ........... BD 12 12
Total................................ ........... ........................... 14,719 6,865
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Bristol Bay Economic Development Corp...... 20 BS 17,850 8,033
........... AI 534 534
........... BD 15 15
Total................................ ........... ........................... 18,399 8,582
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Central Bering Sea Fishermen's Assn........ 4 BS 3,570 1,607
........... AI 107 107
........... BD 3 3
Total................................ ........... ........................... 3,680 1,717
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Coastal Villages Fishing Co-op............. 25 BS 22,312 10,040
........... AI 668 668
........... BD 19 19
Total................................ ........... ........................... 22,999 10,727
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Norton Sound............................... 22 BS 19,635 8,836
Fisheries Development Corp............. ........... AI 587 587
........... BD 16 16
Total................................ ........... ........................... 20,238 9,439
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Yukon Delta Fisheries Development Corp..... 13 BS 11,603 5,221
........... AI 347 347
........... BD 10 10
Total................................ ........... ........................... 11,960 5,578
====================================================================
[[Page 60080]]
Total................................ 100 ........................... 91,995 42,908
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\1\ No more than 45 percent of a CDP recipient's 1997 Bering Sea pollock allocation may be harvested during the
pollock roe season, January 1 through April 15. Up to 100 percent of a recipient's 1997 Aleutian Islands or
Bogoslof District pollock allocation may be harvested during this time period.
Allocation of the Pacific Cod TAC
Regulations at Sec. 679.20(a)(7) provide for the allocation of the
Pacific cod TAC among vessels using jig gear, hook-and-line or pot
gear, and trawl gear. These regulations expire at the end of 1996. At
its June 1996 meeting, the Council adopted Amendment 46 to the FMP that
would authorize the continued allocation of Pacific cod TAC among
vessels using different gear types. Amendment 46 also would authorize
the further allocation of the portion of the Pacific cod TAC allocated
to vessels using trawl gear between catcher vessels and catcher/
processor vessels. A proposed rule to implement Amendment 46 was
published in the Federal Register on August 22, 1996 (61 FR 43325). On
November 7, 1996, NMFS determined that Amendment 46 is consistent with
the national standards, other provisions of the Magnuson Act, and other
applicable laws. The final rule implementing Amendment 46 was published
in the Federal Register on November 20, 1996 (61 FR 59029). The final
rule is effective January 1, 1997. Consequently, these proposed
specifications provide for the allocation of the Pacific cod TAC among
vessel gear types.
The Council also proposed to roll over the 1996 seasonal allowances
of the portion of the Pacific cod TAC allocated to the hook-and-line
and pot gear fisheries. The seasonal allowances are intended to provide
for the harvest of Pacific cod when flesh quality and market conditions
are optimum and Pacific halibut bycatch rates are low. The Council's
recommendations for seasonal apportionments are based on: (1) Seasonal
distribution of Pacific cod relative to prohibited species
distributions, (2) variations in prohibited species bycatch rates in
the Pacific cod fisheries throughout the year, and (3) economic effects
of seasonal allowances of Pacific cod on the hook-and-line and pot gear
fisheries. The Council also proposed that any portion of the first
seasonal allowance that is not harvested by the end of the first season
would become available on September 1, the beginning of the third
season. Table 4 lists the proposed 1997 allocations and seasonal
apportionments of the Pacific cod ITAC.
Table 4.--1997 Gear Shares of the BSAI Pacific Cod Initial TAC, Pending Approval of Amendment 46 to the FMP
----------------------------------------------------------------------------------------------------------------
Seasonal Apportionment
Gear (mt) Percent TAC Share ITAC (mt) -----------------------------------------------
Date % Amount
----------------------------------------------------------------------------------------------------------------
Jig......................... 2 4,335 Jan 1-Dec 31........ 100 4,335
Hook-and-line/pot gear...... 51 110,541 Jan 1-Apr 30........ 80 88,433
May 1-Aug 31........ 18 19,897
Sep 1-Dec 31........ 2 2,211
Trawl gear:\1\..............
Total....................... 47 101,874 Jan 1-Dec 31........ 100 101,873
Catcher vessel.............. ........... (50,937)
Catcher/processor........... ........... (50,937)
-------------------------------------
TOTAL................. 100 216,750
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\1\ The portion of the Pacific cod TAC allocated to trawl gear is apportioned 50 percent to catcher vessels and
50 percent to catcher/processors under Sec. 679.20(a)(7)(i)(B).
Sablefish Gear Allocation and CDQ Allocations for Sablefish
Regulations at Sec. 679.20(a)(4) require that sablefish TACs for
the BSAI subareas be divided between trawl and hook-and-line/pot gear
types. Gear allocations of TACs are established in the following
proportions: Bering Sea subarea: Trawl gear--50 percent; hook-and-line/
pot gear--50 percent; and Aleutian Islands subarea: Trawl gear--25
percent; hook-and-line/pot gear--75 percent. In addition, regulations
under Sec. 679.31(c) require NMFS to withhold 20 percent of the hook-
and-line and pot gear sablefish allocation as sablefish CDQ reserve.
Gear allocations of the proposed sablefish TAC and CDQ reserve amounts
are specified in Table 5.
Table 5.--1997 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
----------------------------------------------------------------------------------------------------------------
Percent of Share of Initial TAC
Subarea Gear TAC (mt) TAC (mt) (mt)\1\ CDQ reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea.......................... Trawl................. 50 395 336 N/A
Hook-and-line/pot 50 395 N/A 79
gear\2\.
---------------------------------------------------
[[Page 60081]]
Total......................... ...................... ........... 790 336 79
Aleutian Islands.................... Trawl................. 25 222 189 N/A
Hook-and-line/pot 75 668 N/A 134
gear\2\.
---------------------------------------------------------------------------
Total......................... ...................... ........... 890 189 134
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.
The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
allocated TAC is reserved for use by CDQ participants. Regulations at Sec. 679.20(b)(1) do not provide for
the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
Under regulations governing the sablefish CDQ program at subpart C
of part 679, NMFS may allocate the 1997 sablefish CDQ reserve to
eligible Western Alaska communities or groups of communities that have
an approved CDP. NMFS has approved seven CDPs and associated
percentages of the sablefish CDQ reserve for each CDP recipient for
1995-97 (59 FR 61877, December 2, 1994). Table 6 lists the approved CDP
recipients and each recipient's allocation of the 1997 sablefish CDQ
reserve for each subarea.
Table 6.--Approved Shares (Percentages) and Resulting Allocations (MT)
of the 1997 Sablefish CDQ Reserve Specified for the Bering Sea (BS) and
Aleutian Islands (AI) Subareas Among Approved CDP Recipients
------------------------------------------------------------------------
Allocation
Sablefish CDP recipient Area Percent (mt)
------------------------------------------------------------------------
Atka Fishermen's Association... BS 0 0
AI 0 0
Bristol Bay Economic BS 0 0
Development Corp.
AI 25 34
Coastal Villages............... BS 0 0
Fishing Cooperative............ AI 25 34
Norton Sound Economic.......... BS 25 20
Development Corporation........ AI 30 40
Pribilof Island................ BS 0 0
Fishermen...................... AI 0 0
Yukon Delta Fisheries.......... BS 75 59
Development Association........ AI 10 13
Aleutian Pribilof Islands BS 0 0
Community Development
Association.
AI 10 13
----------------------------------------
Total.................... BS 100 79
AI 100 134
------------------------------------------------------------------------
Allocation of Prohibited Species Catch (PSC) Limits for Crab,
Halibut, and Herring
PSC limits of red king crab and C. bairdi Tanner crab in Bycatch
Limitation Zones (50 CFR 679.2) of the Bering Sea subarea and for
Pacific halibut throughout the BSAI are established under
Sec. 679.21(e). The PSC limits are:
--Zone 1 trawl fisheries, 200,000 red king crabs.
--Zone 1 trawl fisheries, 1 million C. bairdi Tanner crabs.
--Zone 2 trawl fisheries, 3 million C. bairdi Tanner crabs.
--BSAI trawl fisheries, 3,775 mt mortality of Pacific halibut.
--BSAI nontrawl fisheries, 900 mt mortality of Pacific halibut.
--BSAI trawl fisheries, 1,697 mt Pacific herring.
The PSC limit of Pacific herring caught while conducting any trawl
operation for groundfish in the BSAI is 1 percent of the annual eastern
Bering Sea herring biomass. At this time, the best estimate of 1997
herring biomass is 169,700 mt. This amount was derived using 1995
survey data and an age-structured biomass projection model developed by
the Alaska Department of Fish and Game (ADF&G). Therefore, the proposed
herring PSC limit for 1997 is 1,697 mt. This value is subject to
change, pending an updated forecast analysis of 1996 herring survey
data that will be presented to the Council by the ADF&G during the
Council's December 1996 meeting.
The red king crab and C. bairdi PSC limits currently established in
regulations are subject to change pending the approval of two FMP
amendments adopted by the Council. Amendment 37 was adopted by the
Council at its June 1996 meeting and would authorize the annual
specification of the red king crab bycatch limit based on the abundance
of Bristol Bay red king crab. A proposed rule to implement Amendment 37
was published in the Federal Register on September 12, 1996 (61 FR
48113). Based on the proposed rule and pending approval of Amendment 37
by NMFS, the 1997 red king crab in Zone 1 would be adjusted downward
from 200,000 crab to 100,000 crab. NMFS' review and approval/
disapproval/partial approval of Amendment 37 is scheduled to occur
prior to the Council's December 1996 meeting. Therefore, pending
approval of the amendment, the final 1997 groundfish specifications
would include the adjusted red king crab PSC limit. If
[[Page 60082]]
Amendment 37 is not approved, the red king PSC limit will remain
unchanged.
The Council adopted Amendment 41 to the FMP at its September 1996
meeting, which, if approved by NMFS, would authorize the annual
specification of C. bairdi PSC limits in Zones 1 and 2 based on
abundance of crab estimated from data collected during the annual NMFS
trawl survey. Based on 1996 abundance, (185 million crab), the PSC
limit for C. bairdi in 1997 would be 750,000 crab in Zone 1 and
2,100,000 crab in Zone 2. A proposed rule to implement Amendment 41
likely will be published in the Federal Register for public review and
comment by late 1996 and will include proposed specifications of the
adjusted 1997 C. bairdi PSC limits and associated bycatch allowances.
If approved by NMFS, Amendment 41 likely would be implemented by April
1997. If Amendment 41 is not approved, the C. bairdi PSC limits will
remain as established in 1989 (54 FR 32642; August 9, 1989).
Regulations under Sec. 679.21(e)(3) authorize the apportionment of
each PSC limit into PSC allowances for specified fishery categories.
Regulations at Sec. 679.21(e)(3)(iv) specify seven trawl fishery
categories (midwater pollock, Greenland turbot/arrowtooth flounder/
sablefish, rock sole/flathead sole/other flatfish, yellowfin sole,
rockfish, Pacific cod, and bottom pollock/Atka mackerel/''other
species''). Regulations at Sec. 679.21(e)(4)(ii) authorize the
apportionment of the nontrawl halibut PSC limit among five fishery
categories (Pacific cod hook-and-line, sablefish hook-and-line,
groundfish pot gear, groundfish jig gear, and other non-trawl fishery
categories). The fishery bycatch allowances for the trawl and nontrawl
fisheries are listed in Table 7.
The fishery bycatch allowances listed in Table 7 reflect the
recommendations made to the Council by its AP. These recommendations
are unchanged from those specified for 1996. The justification for
these allowances is discussed in the February 5, 1996, publication of
the final 1996 specifications (61 FR 4311). As mentioned above, if NMFS
approves Amendment 37 to the FMP, the proposed red king crab bycatch
allowances listed in Table 7 would be reduced by 50 percent.
Regulations at Sec. 679.21(e)(4)(ii) authorize exemption of
specified nontrawl fisheries from the halibut PSC limit. As in 1995 and
1996, the Council proposes to exempt the 1997 pot gear, jig gear, and
sablefish hook-and-line gear fishery categories from halibut bycatch
restrictions.
The Council proposed that the pot and jig gear fisheries be exempt
from halibut-bycatch restrictions because these fisheries use selective
gear types that experience low halibut bycatch mortality. In 1996
through September, total groundfish catch for the pot gear fishery in
the BSAI was approximately 30,585 mt with an associated halibut bycatch
mortality of about 18 mt. The 1996 groundfish jig gear fishery
harvested about 200 mt of groundfish. The jig gear fleet is made up of
vessels less than 60 ft (18.3 m) length overall that are exempt from
observer coverage requirements. As a result, no observer data are
available on halibut bycatch in the BSAI jig gear fishery. Nonetheless,
the selective nature of this gear type and the relatively small amount
of groundfish harvested with jig gear will likely result in a
negligible amount of halibut bycatch mortality.
As in 1995 and 1996, the Council recommended that the sablefish
Individual Fishing Quota (IFQ) fishery be exempt from halibut bycatch
restrictions because of the sablefish and halibut IFQ program (subpart
D of part 679). The IFQ program requires legal-sized halibut to be
retained by vessels using hook-and-line gear if a halibut IFQ permit
holder is aboard. In 1995, about 36 mt of halibut discard mortality was
estimated for the sablefish IFQ fishery. A similar estimate for the
1996 fishery has yet to be calculated.
Table 7.--Proposed 1997 Prohibited Species Bycatch Allowances for the
BSAI Trawl and Non-Trawl Fisheries
------------------------------------------------------------------------
Trawl fisheries Zone 1 Zone 2 BSAI-wide
------------------------------------------------------------------------
Red king crab, number of animals:
Yellowfin sole............... 50,000
Rcksol/flatsol/othflat \1\... 110,000
Turb/arrow/sab \2\........... 0
Rockfish..................... 0
Pacific cod.................. 10,000
Plck/Atka/othr \3\........... 30,000
--------------
Total...................... 200,000
C. bairdi tanner crab, number of
animals:
Yellowfin sole............... 250,000 1,530,000
Rcksol/flatsol/othflat....... 425,000 510,000
Turb/arrow/sab............... 0 0
Rockfish..................... 0 10,000
Pacific cod.................. 250,000 260,000
Plck/Atka/othr............... 75,000 690,000
--------------------------
Total...................... 1,000,000 3,000,000
Pacific halibut, mortality (mt):
Yellowfin sole............... 820
Rcksol/flatsol/othflat....... 730
Turb/arrow/sab............... 0
Rockfish..................... 110
Pacific cod.................. 1,685
Plck/Atka/othr............... 430
--------------------------------------
Total...................... 3,775
Pacific herring (mt):
Midwater pollock............. 1,227
Yellowfin sole............... 287
[[Page 60083]]
Rcksol/flatsol/othflat....... 0
Turb/arrow/sab............... 0
Rockfish..................... 7
Pacific cod.................. 22
Plck/Atka/othr \4\........... 154
--------------------------------------
Total...................... 1,697
Pacific halibut, mortality (mt):
Pacific cod hook-and-line.... 800
Sablefish hook-and-line...... (\5\)
Groundfish pot gear.......... (\5\)
Groundfish jig gear.......... (\5\)
Other non-trawl.............. 100
--------------------------------------
Total...................... 900
------------------------------------------------------------------------
\1\ Rock sole, flathead sole, and other flatfish fishery category.
\2\ Greenland turbot, arrowtooth flounder, and sablefish fishery
category.
\3\ Pollock, Atka mackerel, and ``other species'' fishery category.
\4\ Pollock other than midwater pollock, Atka mackerel, and ``other
species'' fishery category.
\5\ Exempt.
Seasonal Apportionments of PSC limits
Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation
with the Council, to establish seasonal apportionments of prohibited
species bycatch allowances. At its September 1996 meeting, the Council
adopted the AP's recommendation not to propose seasonal apportionments
of the trawl bycatch allowances at this time. Nonetheless, NMFS
anticipates the Council will consider seasonal apportionments during
its December 1996 meeting.
The Council proposed to roll over the 1996 seasonal apportionment
scheme of the halibut bycatch allowance specified for the Pacific cod
hook-and-line fishery. The intent of this proposal was to provide
amounts of halibut necessary to support the harvest of the seasonal
apportionments of Pacific cod TAC listed in Table 4, as well as limit a
hook-and-line fishery for Pacific cod during summer months when halibut
bycatch rates are high. As authorized under Sec. 679.21(e)(5)(iv), the
Council further recommended that any unused portion of the first
seasonal halibut bycatch allowance specified for the Pacific cod hook-
and-line fishery be reapportioned to the third seasonal allowance to
avoid opportunity for additional fishing for Pacific cod during summer
months. Any overage of a halibut bycatch allowance would be deducted
from the remaining seasonal bycatch allowances specified for 1997 in
amounts proportional to those remaining seasonal bycatch allowances.
Table 8.--Proposed Seasonal Apportionments of the 1997 Prohibited
Species Bycatch Allowances for the BSAI Non-Trawl Fisheries
------------------------------------------------------------------------
Seasonal
Fishery bycatch
allowance
------------------------------------------------------------------------
Pacific cod hook-and-line:\1\
Jan. 01-Apr. 30............................................ 475
May 01-Aug. 31............................................. 40
Sep. 01-Dec. 31............................................ 285
----------
Total.................................................... 800
Other non-trawl:
Jan. 01-Dec. 31............................................ 100
------------------------------------------------------------------------
\1\ Any unused portion of the first seasonal halibut bycatch allowance
specified for the Pacific cod hook-and-line fishery will be
reapportioned to the third seasonal allowance. Any overage of a
seasonal halibut bycatch allowance would be deducted from the
remaining seasonal bycatch allowances specified for 1997 in amounts
proportional to those remaining seasonal bycatch allowances.
For purposes of monitoring the fishery halibut bycatch mortality
allowances and apportionments, the Administrator, NMFS, Alaska Region
(Regional Administrator) (formerly Regional Director) will use observed
halibut bycatch rates and estimates of groundfish catch to project when
a fishery's halibut bycatch mortality allowance or seasonal
apportionment is reached. The Regional Administrator monitors the
fishery's halibut bycatch mortality allowances using assumed mortality
rates that are based on the best information available, including
information contained in the annual SAFE report.
The Council proposed that the assumed halibut mortality rates
developed by staff of the International Pacific Halibut Commission
(IPHC) for the 1996 BSAI groundfish fisheries be rolled over for
purposes of monitoring halibut bycatch allowances established for the
1997 groundfish fisheries. The justification for these mortality rates
is discussed in the February 5, 1996, publication of the 1996 final
specifications. The proposed mortality rates listed in Table 9 are
subject to change pending the results of an updated analysis on halibut
mortality rates in the groundfish fisheries that IPHC staff are
scheduled to present to the Council at its Council's December 1996
meeting.
Table 9.--Proposed Assumed Pacific Halibut Mortality Rates for the BSAI
Fisheries During 1997
------------------------------------------------------------------------
Assumed
Fishery mortality
(percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
Rockfish.................................................. 24
Pacific cod............................................... 11.5
Greenland turbot.......................................... 22
Sablefish................................................. 17
Trawl gear fisheries:
Midwater pollock.......................................... 88
Non-pelagic pollock....................................... 78
Yellowfin sole............................................ 73
Rock sole, flathead sole, other flatfish.................. 73
Rockfish.................................................. 75
Pacific cod............................................... 63
Atka mackerel............................................. 63
Arrowtooth flounder....................................... 49
Greenland turbot.......................................... 49
Sablefish................................................. 49
[[Page 60084]]
Other species............................................. 82
Pot gear fisheries
Pacific cod............................................... 7
------------------------------------------------------------------------
Classification
This action is authorized under 50 CFR part 679 and is exempt from
review under E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed specification, if
issued as proposed, would not have a significant economic impact on a
substantial number of small entities as follows:
The proposed specifications would establish TAC and ABC amounts
for the 1997 fishing year. In addition, the proposed specifications
would establish overfishing levels, prohibited species catch
allowances, seasonal allowances of the pollock TAC, and amounts for
the pollock and sablefish Community Development Quota reserve.
The proposed 1997 TAC is 57,000 metric tons or 2.85 percent less
than the 1996 final TAC. The difference reflects reduced abundance
of several species based on NMFS biological surveys and industry
catch reports. The number of fixed gear and trawl catcher vessels
expected to be operating as small entities in the Bering Sea and
Aleutian Islands groundfish fishery is 356, excluding catcher/
processor vessels. All these small entities will be affected by the
harvest limits established in the 1997 specifications but changes
from 1996 are relatively minor and are expected to be shared
proportionally among participants. For this reason, the expected
effects will not likely cause a reduction in gross revenues of more
than 5 percent, increase compliance costs by more than 10 percent,
or force small entities out of business.
The Alaska commercial fishing industry is accustomed to shifting
effort among alternative species and management areas in response to
changes in TAC between years and inseason closures. Such mobility is
necessary to survive in the open access fishery. Therefore, the
annual specification process for Alaska groundfish for 1997 would
not have significant economic impact on a significant number of
small entities.
A draft environmental assessment (EA) on the allowable harvest
levels set forth in the final 1997 SAFE Report will be available for
public review at the December 1996 Council meeting. After the December
meeting, a final EA will be prepared on the final TAC amounts
recommended by the Council.
Consultation pursuant to section 7 of the Endangered Species Act
has been initiated for the 1997 initial specifications.
Authority: 16 U.S.C. 773 et seq., 1801 et seq.
Dated: November 19, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-30045 Filed 11-22-96; 8:45 am]
BILLING CODE 3510-22-W
