[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Rules and Regulations]
[Pages 65626-65629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32683]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 971208296-7296-01; I.D. 111997A]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Area; Interim 1998 Harvest Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim 1998 harvest specifications for groundfish; associated
management measures.
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SUMMARY: NMFS issues interim 1998 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). The intended effect is to conserve and manage the
groundfish resources in the BSAI.
DATES: 0001 hours, Alaska local time (A.l.t.), January 1, 1998, until
the effective date of the final 1998 harvest specifications for BSAI
groundfish, which will be published in the Federal Register.
ADDRESSES: The preliminary 1998 Stock Assessment and Fishery Evaluation
(SAFE) Report, dated September 1997, is available from the North
Pacific Fishery Management Council, 605 West 4th Avenue, Suite 306,
Anchorage, AK 99501-2252, telephone 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 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. The FMP is implemented
by regulations at 50 CFR part 679. General regulations that also
pertain to the U.S. fisheries appear at subpart H of 50 CFR part 600.
The Council met September 22-29, 1997, to review scientific
information concerning groundfish stocks. The Council adopted for
public review the preliminary SAFE Report for the 1998 BSAI groundfish
fisheries. The preliminary SAFE Report, dated September 1997, provides
an update on the status of stocks. Copies of the SAFE Report are
available from the Council (see ADDRESSEES). The preliminary TAC
amounts for each species are based on the best available biological and
socioeconomic information. The Council recommended a preliminary total
TAC of 2,000,000 metric tons (mt) and a preliminary total acceptable
biological catch (ABC) of 2,440,430 mt for the 1998 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 harvest specifications for groundfish and associated
management measures in the BSAI for the 1998 fishing year. That
document contains a detailed discussion of the proposed 1998 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 establishes interim harvest specifications and
apportionments thereof for the 1998 fishing year effective January 1,
1998, that will remain in effect until superseded by the final 1998
harvest specifications. Background information concerning the 1998
groundfish harvest specification process upon which this interim action
is based is provided in the above mentioned proposed initial
specification document appearing in the above mentioned 1998 proposed
harvest specifications document appearing in this Federal Register
issue.
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 are 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.
Section 679.20(c)(2)(ii) requires that one-fourth of each proposed
ITAC amount and apportionment thereof (not including the first seasonal
allowance of pollock), one-fourth of each prohibited species catch
(PSC) allowance established under Sec. 679.21, and the first seasonal
allowance of pollock TAC be established effective 0001 hours, A.l.t.,
January 1, that will remain in effect until superseded by the final
harvest specifications.
[[Page 65627]]
Interim 1998 BSAI Groundfish Harvest Specifications
Table 1 sets forth 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.
Section 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 1998 groundfish
specifications.
Table 1. Interim 1998 TAC Amounts\1\ for Groundfish and Apportionments
Thereof for the Bering Sea and Aleutian Islands Management Area \2\
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Species and component (if Area and Gear (if Interim TAC
applicable) applicable) and CDQ
------------------------------------------------------------------------
Pollock: 3 4 5
Inshore.................... BS........................ 151,279
Offshore................... BS........................ 280,946
Inshore.................... AI........................ 8,330
Offshore................... AI........................ 15,470
Inshore.................... BogDist................... 298
Offshore................... BogDist................... 553
CDQ........................ BS........................ 38,137
CDQ........................ AI........................ 2,100
CDQ........................ BogDist................... 75
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Total Pollock............ ......................... 497,187
============
Pacific Cod \6\................ Jig....................... 1,148
H/L & Pot................. 29,261
TRW catcher............... 13,483
TRW C/Ps.................. 13,483
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Total P cod.............. ........................ 57,375
============
Sablefish 7 8.................. BS-TRW.................... 117
BS-H/L & Pot.............. N/A
AI-TRW.................... 63
AI-H/L & Pot.............. N/A
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Total Sablefish.......... ........................ 180
============
Atka mackerel.................. Western AI................ 6,842
Central AI................ 4,143
Eastern AI/BS............. 3,187
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Total Atka mackerel...... ........................ 14,172
============
Yellowfin sole................. BSAI...................... 48,875
Rock sole...................... BSAI...................... 20,651
Greenland turbot............... BS........................ 1,281
AI........................ 631
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Total Greenland turbot... ........................ 1,912
============
Arrowtooth flounder............ BSAI...................... 4,411
Flathead sole.................. BSAI...................... 9,243
Other flatfish \9\............. BSAI...................... 10,784
Pacific ocean perch............ BS........................ 595
Western AI................ 1,357
Central AI................ 673
Eastern AI................ 688
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Total Pacific ocean perch ........................ 3,313
============
Other Rockfish \11\............ BS........................ 79
AI........................ 151
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Total Other Rockfish..... ........................ 230
============
Other red rockfish \10\........ BS........................ 223
Sharpchin/Northern............. AI........................ 926
Shortraker/Rougheye............ AI........................ 199
Squid.......................... BSAI...................... 418
Other Species \12\............. BSAI...................... 5,482
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[[Page 65628]]
Total interim TAC........ ........................ 675,581
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\1\ Interim TAC amounts are in metric tons and have been rounded
downwards to the nearest whole ton.
\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 seasonal allowance is 45 percent 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 after the
end of the 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 TRW. The Pacific cod allocation to trawl gear
is split evenly between catcher vessels and catcher/processor vessels
(See Sec. 679.20(a)(7)(i)). 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 gear allocations are as follows: In the BS subarea, TRW
gear is allocated 50 percent and H/L and pot gear is allocated 50
percent of the TAC. In the AI subarea, TRW gear is allocated 25
percent and H/L and pot gear is allocated 75 percent of the TAC (See
Sec. 679.20(a)(4) (iii) and (iv)). 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 1998, IFQ permits and IFQ
cards will not be valid prior to the effective date of the 1998 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, arrowtooth flounder 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.
Interim Allocation of PSC Limits for Crab, Halibut, and Herring
Under Sec. 679.21(e), annual PSC limits 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.
Section 679.21(e) authorizes the apportionment of each PSC limit
into PSC allowances for specified fishery categories. NMFS has approved
Amendment 40 to the FMP that establishes a C. opilio PSC limit. NMFS
anticipates that regulations implementing the C. opilio PSC limit will
not be published in the Federal Register and effective before mid-
December 1997. Thus, regulatory authority does not exist to establish
an interim 1998 PSC limit for this species. NMFS anticipates that the
final 1998 specifications will include a C. opilio PSC limit
apportioned among specific trawl fisheries.
Section 679.20(c)(2)(ii) requires 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 allowances are specified in Table 2 and
are in effect at 0001 hours, A.l.t., January 1, 1998.
Table 2.--Interim 1998 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries.
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Prohibited species and zone C. bairdi (animals)
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Red King
Trawl fisheries Halibut Herring Crab
(mt) BSAI (mt) BSAI (animals) Zone 1 \1\ Zone 2 \1\
Zone 1 \1\
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Yellowfin sole................................. 233 67 2,500 69,079 267,750
Rock sole/oth.flat/flat sole \2\............... 199 ........... 18,750 74,013 89,250
Turbot/arrow./sable \3\........................ 0 ........... ........... ........... 0
Rockfish....................................... 0 2 ........... ........... 1,750
Pacific cod.................................... 400 5 1,875 33,306 48,750
Midwater pollock............................... ........... 286 ........... ........... ...........
Pollock/Atka/other \4\......................... 88 36 1,875 11,102 117,500
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[[Page 65629]]
Total Trawl.............................. 919 395 25,000 187,500 525,000
================================================================
Non Trawl Fisheries
Pacific Cod.................................... 210 ........... ........... ........... ...........
Other Non-Trawl................................ 15 ........... ........... ........... ...........
Groundfish pot & jig........................... ( \5\) ........... ........... ........... ...........
Sablefish hook & line.......................... ( \5\) ........... ........... ........... ...........
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Total non-Trawl.......................... 225 ........... ........... ........... ...........
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\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Rock sole, flathead sole, and other flatfish fishery category.
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\4\ Pollock other than midwater pollock, Atka mackerel, and ``other species'' fishery category.
Prior to the beginning of the 1998 fishing year, NMFS will issue
fishery closures based on these interim specifications if the
Administrator, Alaska Region, NMFS determines that interim TAC amounts
are required as incidental catch to support other anticipated
groundfish fisheries or if the PSC allowance for a fishery has been
reached.
After consideration of public comments on the proposed 1998
specifications for BSAI groundfish and additional scientific
information presented at its December 1997 meeting, the Council may
recommend other closures to directed fishing. NMFS may implement other
closures at the time the final 1998 harvest specifications are
implemented or during the 1998 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 Assistant Administrator for Fisheries finds for good cause
under 5 U.S.C. 553(b)(B) that the need to establish interim harvest
specifications for the fisheries in the BSAI, effective January 1,
1998, makes it impractical and contrary to the public interest to
provide prior notice and opportunity for public comment on this rule.
Section 679.20(c)(2) requires NMFS to specify interim harvest
specifications that are effective on January 1 and that will remain in
effect until superseded by final specifications established by notice
and comment rulemaking 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 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. 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., and 3631 et seq.
Dated: December 9, 1997.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-32683 Filed 12-12-97; 8:45 am]
BILLING CODE 3510-22-P
