[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Rules and Regulations]
[Pages 60044-60048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30046]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 679
[Docket No. 961114318-6318-01; I.D. 110496A]
RIN 0648-XX71
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Area; Interim 1997 Harvest Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim 1997 harvest specifications for groundfish; associated
management measures; and closures.
-----------------------------------------------------------------------
SUMMARY: NMFS issues interim 1997 total allowable catch (TAC) amounts
for each category of groundfish, pollock Community Development Quota
(CDQ) amounts, and prohibited species bycatch allowances for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). NMFS is closing certain fisheries as specified in the
interim 1997 groundfish specifications. The intended effect is to
conserve and manage the groundfish resources in the BSAI.
EFFECTIVE DATE: 0001 hours, Alaska local time (A.l.t.), January 1,
1997, until the effective date of the Final 1997 Initial Harvest
Specifications for Groundfish, which will be published in the Federal
Register.
ADDRESSES: The preliminary 1997 Stock Assessment and Fishery Evaluation
(SAFE) Report, dated September 1996, is available from the North
Pacific Fishery Management Council, 605 W. 4th Avenue, Suite 306,
Anchorage, AK 99501-2252, telephone 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 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 Islands
area (FMP). The FMP was prepared by the North Pacific Fishery
Management Council (Council) and approved by NMFS under the Magnuson-
Stevens Fishery Conservation and Management Act. General regulations
that also pertain to the U.S. fisheries appear at subpart H of 50 CFR
part 600.
The Council met September 16-22, 1996, to review scientific
information concerning groundfish stocks. The Council adopted for
public review the
[[Page 60045]]
preliminary SAFE Report for the 1997 BSAI groundfish fisheries. The
preliminary SAFE Report, dated September 1996, provides an update on
the status of stocks. Copies of the SAFE Report are available from the
Council (see ADDRESSES). The preliminary TAC amounts for each species
are based on the best available biological and socioeconomic
information. The Council recommended preliminary total TAC amounts of
1,943,190 metric tons (mt) and preliminary total acceptable biological
catch (ABC) amounts of 2,507,935 mt for the 1997 fishing year.
Under Sec. 679.20(c)(1), NMFS is publishing in the Proposed Rules
section of this issue of the Federal Register for review and comment
proposed initial harvest specifications for groundfish and associated
management measures in the BSAI for the 1997 fishing year. That
document contains a detailed discussion of the proposed 1997 annual
TACs, initial TACs (ITACs) and related apportionments, ABC amounts and
overfishing levels, prohibited species bycatch allowances, and
associated management measures for the BSAI groundfish fishery.
This action provides interim harvest specifications and
apportionments thereof for the 1997 fishing year that will become
available on January 1, 1997, and remain in effect until superseded by
the final 1997 harvest specifications. Background information
concerning the 1997 groundfish harvest specification process upon which
this interim action is based is provided in the above mentioned
proposed initial specification document appearing in the Proposed Rules
section of this Federal Register issue.
1. Establishment of Interim TACs
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 the
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 of a target species or the ``other species'' category. The
ITAC amount for each species, except for the hook-and-line and pot gear
allocation for sablefish, is the remainder of the TAC amount after
subtraction of the reserve.
Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of
each proposed ITAC amount and apportionment thereof (not including the
first seasonal allowance of pollock and except for the hook-and-line
and pot gear allocations of sablefish), one-fourth of each prohibited
species catch (PSC) allowance established under Sec. 679.21, and the
first seasonal allowance of pollock TAC become effective 0001 hours,
A.l.t., January 1 (see Sec. 679.23(a)), on an interim basis and remain
in effect until superseded by the final harvest specifications.
2. Interim 1997 BSAI Groundfish Harvest Specifications
Table 1 of this document provides interim TAC amounts and
apportionments thereof, interim TAC allocations of pollock to the
inshore and offshore components, first seasonal allowances of pollock
TAC and pollock CDQ, an interim sablefish apportionment to trawl gear,
and Pacific cod TAC apportionments to gear types. The interim harvest
specifications become effective at 0001 hours, A.l.t., January 1, 1997.
Existing regulations at Sec. 679.20(c)(2)(ii) do not provide for an
interim specification either for sablefish CDQ reserve or for sablefish
managed under the Individual Fishing Quota management plan. As a
result, fishing for CDQ sablefish and sablefish harvested with fixed
gear is prohibited until the effective date of the Final 1997 Initial
Groundfish Specifications.
Table 1--Interim 1997 TAC Amounts \1\ for Groundfish and Apportionments
Thereof for the Bering Sea and Aleutian Islands Management Area \2\
------------------------------------------------------------------------
Species and component (if Area and gear (if Interim TAC
applicable) applicable) and CDQ
------------------------------------------------------------------------
Pollock \3\ \4\ \5\
Inshore.................... BS..................... 159,311
Offshore................... BS..................... 295,864
Inshore.................... AI..................... 10,591
Offshore................... AI..................... 19,669
Inshore.................... BogDist................ 298
Offshore................... BogDist................ 552
CDQ........................ BS..................... 40,162
CDQ........................ AI..................... 2,670
CDQ........................ BogDist................ 75
---------------
Total.................... ....................... 529,192
Pacific cod \6\................ BSAI-wide.............. ..............
Jig.................... 1,084
H/L & Pot.............. 27,635
TRW catcher vessels.... 12,734
TRW C/Ps............... 12,734
---------------
Total.................... ....................... 54,187
Sablefish \7\ \8\.............. BS-TRW................. 84
BS-H/L & Pot........... N/A
AI-TRW................. 47
AI-H/L & Pot........... N/A
---------------
Total.................... ....................... 131
Atka mackerel.................. Western AI............. 6,842
Central AI............. 4,144
Eastern AI/BS.......... 3,187
---------------
Total.................... ....................... 14,173
Yellowfin sole................. BSAI-wide.............. 42,500
Rock sole...................... BSAI-wide.............. 14,875
[[Page 60046]]
Greenland turbot............... BS..................... 996
AI..................... 491
---------------
Total.................... ....................... 1,487
Arrowtooth flounder............ BSAI-wide.............. 1,912
Flathead sole.................. BSAI-wide.............. 6,375
Other flatfish \9\............. BSAI-wide.............. 7,437
Pacific ocean perch............ BS..................... 329
Western AI............. 1,285
Central AI............. 642
Eastern AI............. 642
---------------
Total.................... ....................... 2,898
Other red rockfish \10\........ BS..................... 223
Sharpchin/Northern............. AI..................... 926
Shortraker/Rougheye............ AI..................... 199
Other rockfish \11\............ BS..................... 79
AI..................... 151
---------------
Total.................... ....................... 230
Squid.......................... BSAI-wide.............. 212
``Other species'' \12\......... BSAI-wide.............. 4,277
---------------
Total interim TAC........ ....................... 681,234
------------------------------------------------------------------------
\1\ Interim TAC amounts are in metric tons and have been rounded.
\2\ Amounts apply to the entire Bering Sea and Aleutian Islands
management area (BSAI), Bering Sea (BS), or Aleutian Islands (AI), as
indicated. With the exception of pollock, and for purposes of these
specifications, the BS includes the Bogoslof District (BogDist).
\3\ After subtraction of reserves, the ITAC amounts of pollock for each
subarea or district are divided into roe and non-roe seasonal
allowances. (See Sec. 679.20(a)(5)(i).) For the BS subarea, the roe
and non-roe seasonal allowances are 45 and 55 percent of the pollock
ITAC amounts, respectively. The AI subarea and the Bogoslof District
receive 100 percent of their respective ITAC seasonal allowances
during the roe-season with the remainder of the respective ITAC
seasonal allowance during the non-roe season.
\4\ Inshore and offshore component allocations are 35 and 65 percent of
the ITAC amounts, respectively. (See Sec. 679.20(a)(6)(i).) The first
seasonal allowance of the inshore/offshore component allocations are
in effect on January 1 as an interim TAC.
\5\ One-half of the pollock TAC (7.5 percent of each TAC) placed in the
reserve for each subarea or district will be assigned to the Community
Development Quota (CDQ) program. (See Sec. 679.31(a)(1).) For the BS
subarea, the roe and non-roe seasonal allowances are 45 and 55
percent, respectively, of the CDQ pollock reserve. The AI subarea and
the Bogoslof District receive 100 percent of their respective CDQ
reserve allocations during the roe-season with the remainder of the
respective reserve becoming available during the non-roe season. The
first seasonal allowance of the CDQ reserve is available on January 1
as an interim TAC.
\6\ After subtraction of the reserves, the ITAC amount for Pacific cod,
is allocated 2 percent to vessels using jig gear, 51 percent to H/L
gear, and 47 percent to trawl (TRW) gear. The Pacific cod allocation
to TRW gear is split evenly between catcher vessels and catcher/
processor vessels (See Sec. 679.20(a)(7)(i) and the proposed initial
specification document appearing in the Proposed Rules section of this
Federal Register issue). Pacific cod ITAC seasonal apportionments to
vessels using H/L or pot gear are not reflected in the interim TAC
amounts. One-fourth of the ITAC gear apportionments are in effect on
January 1 as an interim TAC.
\7\ Sablefish TRW gear allocations are as follows: In the BS subarea--50
percent of TAC; and in the AI subarea--25 percent of TAC (See Sec.
679.20(a)(4)(iii) (B) and (iv)(B)). Fifteen percent of the sablefish
TRW gear allocation is placed in the nonspecific reserve. One-fourth
of the ITAC amount for TRW gear is in effect January 1 as an interim
TAC amount.
\8\ The sablefish H/L gear fishery is managed under the Individual
Fishing Quota (IFQ) program and subject to regulations contained in
subpart D of 50 CFR part 679. Annual IFQ amounts are based on the
final TAC amount specified for the sablefish H/L gear fishery as
contained in the final specifications for groundfish. Twenty percent
of the sablefish H/L and pot gear final TAC amount will be reserved
for use by CDQ participants. (See Sec. 679.31(c).) Existing
regulations at Sec. 679.20(c)(2)(ii) do not provide for an interim
specification for the CDQ sablefish reserve or an interim
specification for sablefish managed under the IFQ program. In
addition, in accordance with Sec. 679.7(f)(3), retention of sablefish
caught with fixed gear is prohibited unless the harvest is authorized
under a valid IFQ permit and IFQ card. In 1997, IFQ permits and IFQ
cards will not be valid prior to the effective date of the 1997 final
specifications. Thus, fishing for sablefish with fixed gear is not
authorized under these interim specifications. See subpart D of 50 CFR
part 679 and Sec. 679.23(g) for guidance on the annual allocation of
IFQ and the sablefish fishing season.
\9\ ``Other flatfish'' includes all flatfish species except for Pacific
halibut (a prohibited species), flathead sole, Greenland turbot, rock
sole, and yellowfin sole.
\10\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin,
and northern.
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species
except for Pacific ocean perch, sharpchin, northern, shortraker, and
rougheye.
\12\ ``Other species'' includes sculpins, sharks, skates, eulachon,
smelts, capelin, and octopus.
3. Interim Allocation of PSC Limits for Crab, Halibut, and Herring
Under Sec. 679.21(e), annual PSC limits for the trawl fisheries are
specified for red king crab and Chionoecetes bairdi Tanner crab in
applicable Bycatch Limitation Zones (see Sec. 679.2) of the BS subarea,
and for Pacific halibut and Pacific herring throughout the BSAI.
Regulations under Sec. 679.21(e) authorize the apportionment of each
PSC limit into PSC allowances for specified fishery categories.
Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of each
proposed PSC allowance be made available on an interim basis for
harvest at the beginning of the fishing year, until superseded by the
final harvest specifications. The interim PSC limits are specified in
Table 2 and are in effect at 0001 hours, A.l.t., January 1, 1997.
[[Page 60047]]
Table 2--Interim 1997 Prohibited Species Bycatch Allowances for the BSAI
Trawl and Nontrawl Fisheries
------------------------------------------------------------------------
Trawl Fisheries Zone 1 \1\ Zone 2 \1\ BSAI-wide
------------------------------------------------------------------------
Red king crab, number of animals:
Yellowfin sole............... 12,500
Rcksol/oth.flat/flathead sole
\2\......................... 27,500
Rockfish..................... 0
Turb/arrow/sab \3\........... 0
Pacific cod.................. 2,500
Plck/Atka/othr \4\........... 7,500
--------------------------------------
Total...................... 50,000
C. bairdi Tanner crab, number of
animals:
Yellowfin sole............... 62,500 382,500
Rcksol/oth.flat/flathead sole 106,250 127,500
Turb/arrow/sabl.............. 0 0
Rockfish..................... 0 2,500
Pacific cod.................. 62,500 65,000
Plck/Atka/othr............... 18,750 172,500
--------------------------------------
Total...................... 250,000 750,000
Pacific halibut, mortality (mt):
Yellowfin sole............... 205
Rcksol/oth.flat/flathead sole 183
turb/arrow/sabl.............. 0
Rockfish..................... 28
Pacific cod.................. 421
Plck/Atka/othr............... 107
-------------------------
Total...................... 944
Pacific herring, mt:
Midwater pollock............. 307
Yellowfin sole............... 72
Rcksol/oth.flat/flathead sole 0
Turb/arrow/sabl.............. 0
Rockfish..................... 2
Pacific cod.................. 6
Plck/Atka/othr \5\........... 38
-------------------------
Total...................... 425
Nontrawl Fisheries:
Pacific halibut, mortality
(mt):
Pacific cod Hook-and-line 200
Other nontrawl........... 25
Groundfish pot gear...... (\6\)
Groundfish jig gear...... (\6\)
Sablefish hook-and-line.. (\6\)
-------------------------
Total.................. ........... ........... 225
------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of Bycatch Limitation Zones.
\2\ Rock sole, flathead sole, and other flatfish fishery category.
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery
category.
\4\ Pollock, Atka mackerel, and ``other species'' fishery category.
\5\ Pollock other than midwater pollock, Atka mackerel, and ``other
species'' fishery category.
4. Closures to Directed Fishing
In accordance with Sec. 679.20(d), if the Administrator, Alaska
Region, NMFS (Regional Administrator) determines that the amount of a
target species or ``other species'' category apportioned to a fishery
or, with respect to pollock, to an inshore or offshore component
allocation, will be reached, the Regional Administrator may establish a
directed fishing allowance for that species or species group. If the
Regional Administrator establishes a directed fishing allowance, and
that allowance is or will be reached before the end of the fishing
year, NMFS will prohibit directed fishing for that species or species
group in the specified subarea or district (Sec. 697.20(d)(1)(iii)).
Similarly, under Sec. 679.21(e), if the Regional Administrator
determines that a fishery category's bycatch allowance of halibut, red
king crab, or C. bairdi Tanner crab for a specified area has been
reached, the Regional Administrator will prohibit directed fishing for
each species in that category in the specified area.
The Regional Administrator has determined that the interim TAC
amounts of pollock in the Bogoslof District, Pacific ocean perch in the
Bering Sea subarea, sharpchin/northern in the Aleutian Islands,
shortraker/rougheye in the Aleutian Islands, other rockfish in the
Bering Sea and Aleutian Islands subareas, and other red rockfish in the
Bering Sea subarea will be necessary as incidental catch to support
other anticipated groundfish fisheries prior to the time that final
specifications for groundfish are in effect for the 1997 fishing year
(Table 3). Therefore, in accordance with Sec. 679.20(d), NMFS is
prohibiting directed fishing for these target species and gear types in
the specified area identified in Table 3 to prevent exceeding the
interim amounts of groundfish TACs specified in Table 1 of this
document.
An interim Zone 1 red king crab bycatch allowance of zero crab is
specified for the rockfish trawl fishery, which is defined at
Sec. 679.21(e)(3)(iv)(D). Similarly, the interim BSAI halibut bycatch
allowance specified for the Greenland turbot/arrowtooth flounder/
sablefish trawl fishery category, defined at Sec. 679.21(e)(3)(iv)(C),
is 0 mt. The Regional Administrator has determined, in accordance with
Secs. 679.21(e)(7)(ii) and 679.21(e)(7)(iv), that the interim red king
crab bycatch allowance specified for the trawl rockfish fishery in Zone
1
[[Page 60048]]
and the interim halibut bycatch allowance specified for the Greenland
turbot/arrowtooth flounder/sablefish trawl fishery category has been
caught. Therefore, NMFS is prohibiting directed fishing for rockfish in
Zone 1 by vessels using trawl gear, and for Greenland turbot/arrowtooth
flounder/ sablefish by vessels using trawl gear in the BSAI (Table 3).
The closures listed in Table 3 will be in effect during the period
that the 1997 interim specifications for groundfish TAC amounts are in
effect beginning at 0001 hours, A.l.t., January 1, 1997, until
superseded by the Final 1997 Initial Harvest Specifications for
Groundfish. While these closures are in effect, the maximum retainable
bycatch amounts at Sec. 679.20(e) apply at any time during a fishing
trip. Additional closures and restrictions may be found in existing
regulations at 50 CFR part 679.
Table 3--Closures to Directed Fishing Under 1997 Interim TAC Amounts \1\
------------------------------------------------------------------------
Fishery (all gear) Closed area \2\
------------------------------------------------------------------------
Pollock in Bogoslof District.............. Statistical Area 518.
Pacific ocean perch....................... Bering Sea Subarea.
Sharpchin/northern rockfish............... Aleutian Islands subarea.
Shortraker/rougheye rockfish.............. Aleutian Islands subarea.
Other rockfish \3\........................ BSAI.
Other red rockfish \4\.................... Bering Sea subarea.
Rockfish (trawl only)..................... Zone 1.
Greenland turbot/arrowtooth/sablefish BSAI.
(trawl only).
------------------------------------------------------------------------
\1\ These closures to directed fishing are in addition to closures and
prohibitions found in regulations at 50 CFR part 679.
\2\ Refer to Sec. 679.2 for definitions of areas.
\3\ In the BSAI, ``Other rockfish'' includes Sebastes and Sebastolobus
species except for Pacific ocean perch and the ``other red rockfish''
species.
\4\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and
northern.
After consideration of public comments on the Proposed 1997 Initial
Specifications for Groundfish and additional scientific information
presented at its December 1996 meeting, the Council may recommend other
closures to directed fishing. NMFS may implement other closures at the
time the Final 1997 Initial Harvest Specifications are implemented or
during the 1997 fishing year, as necessary for effective management.
Classification
This action is authorized under 50 CFR part 679 and is exempt from
review under E.O. 12866.
The AA finds for good cause under 5 U.S.C. 553(b)(B) that the need
to establish interim total allowable catch limitations and other
restrictions on fisheries in the BSAI, effective on January 1, 1997,
makes it impracticable and contrary to the public interest to provide
prior notice and opportunity for public comment on this rule.
Regulations at Sec. 679.20(c)(2) require NMFS to specify interim
harvest specifications to be effective on January 1 and remain in
effect until superseded by the final specifications in order for the
BSAI groundfish fishing season to begin on January 1 (see Sec. 679.23).
Without interim specifications in effect on January 1, the groundfish
fisheries would not be able to open on January 1 which would result in
unnecessary closures and disruption within the fishing industry.
Because the stock assessment reports and other information concerning
the fisheries in the BSAI became available only recently, NMFS is not
able to provide an opportunity for comment on the interim
specifications. It is anticipated that the interim specifications will
be in effect for only a short period of time before they are superseded
by the final specifications. The proposed specifications are published
as a proposed rule in this issue of the Federal Register and provide
the opportunity for public comment.
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. 96-30046 Filed 11-22-96; 8:45 am]
BILLING CODE 3510-22-W
