[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31400]
[[Page Unknown]]
[Federal Register: December 22, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 611, 672, and 676
[Docket No. 941250-4350; I.D. 112894A]
Foreign Fishing; Groundfish of the Gulf of Alaska; Limited Access
Management of Federal Fisheries In and Off of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 1995 initial specifications of groundfish and
associated management measures; request for comments.
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SUMMARY: NMFS proposes initial harvest specifications of groundfish and
associated management measures in the Gulf of Alaska (GOA) for the 1995
fishing year. This action is necessary to carry out management
objectives contained in the Fishery Management Plan for Groundfish of
the Gulf of Alaska (FMP).
DATES: Comments must be received by January 20, 1995.
ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, National Marine Fisheries Service,
P.O. Box 21668, Juneau, AK 99802-1668 (Attn: Lori Gravel). The
preliminary Stock Assessment and Fishery Evaluation (SAFE) Report,
dated September 1994, is available from the North Pacific Fishery
Management Council, P.O. Box 103136, Anchorage, AK 99510.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907 586-7228.
SUPPLEMENTARY INFORMATION:
Background
The domestic and foreign groundfish fisheries in the exclusive
economic zone of the GOA are managed by NMFS according to the Fishery
Management Plan for Groundfish of the Gulf of Alaska. The FMP was
prepared by the North Pacific Fishery Management Council (Council)
under the authority of the Magnuson Fishery Conservation and Management
Act. The FMP is implemented by regulations for the foreign fishery at
50 CFR part 611 and for the U.S. fisheries at 50 CFR parts 672, 676,
and 677. General regulations that also pertain to the U.S. fisheries
appear at 50 CFR part 620.
This action proposes for the 1995 fishing year: (1) Specifications
of total allowable catch (TAC) for each groundfish target species
category in the GOA and apportionments thereof among domestic annual
processing (DAP), joint venture processing (JVP), total allowable level
of foreign fishing (TALFF), and reserves; (2) apportionments of
reserves to DAP; (3) apportionments of the sablefish TAC to vessels
using hook-and-line and trawl gear; (4) apportionments of pollock TAC;
(5) apportionments of Pacific cod TAC; (6) ``other species'' TAC; (7)
halibut prohibited species catch (PSC) limits; and (8) seasonal
allocations of the halibut PSC limits. A discussion of each of these
measures follows.
Comments on the proposed 1995 specifications are invited from the
public through (see DATES). After again consulting with the Council,
NMFS will publish final specifications for the 1995 fishing year in the
Federal Register.
1. Proposed Establishment of TACs and Apportionments Thereof Among DAP,
JVP, TALFF, and Reserves
Under Sec. 672.20(c)(1)(ii), NMFS, after consultation with the
Council, publishes in the Federal Register proposed specifications of
annual TACs and interim harvest limits. These proposed specifications
indicate apportionments of TACs among DAP, JVP, reserves, and TALFF for
each target species and the ``other species'' category. The sum of the
TACs for all species must fall within the combined optimum yield (OY)
range, of 116,000-800,000 metric tons (mt), established for these
species.
Species TACs are apportioned initially among DAP, JVP, TALFF, and
reserves under Secs. 611.92(c)(1) and 672.20(a)(2). DAP amounts are
intended for harvest by U.S. fishermen for delivery and sale to U.S.
processors. JVP amounts are intended for joint ventures in which U.S.
fishermen deliver their catches to foreign processors at sea. TALFF
amounts are intended for harvest by foreign fishermen. Existing
harvesting and processing capacity of the U.S. industry is capable of
utilizing the entire 1995 TAC specification for GOA groundfish.
Therefore, the Council recommended that DAP equal TAC for each species
category, resulting in no proposed amounts of TALFF or JVP for the 1995
fishing year.
The reserves for the GOA are 20 percent of the TACs for pollock,
Pacific cod, flatfish target species categories, and ``other species.''
If necessary, these reserve amounts may be set aside for possible
apportionment to DAP and/or to JVP if the initial apportionments prove
inadequate. Reserves that are not apportioned to DAP or JVP may be
reapportioned to TALFF. Given that the GOA groundfish TACs have been
utilized fully by DAP since 1987, NMFS has reapportioned all the
reserves to DAP.
Council met from September 28 to October 5, 1994, to review
scientific information concerning groundfish stocks. The preliminary
SAFE Report, dated September 1994, prepared and presented to the
Council by the GOA Plan Team (Plan Team), summarizes the best available
scientific information.
The September 1994 SAFE Report contains revised stock assessments
for all species except sablefish and demersal shelf rockfish (DSR). New
assessments for these two species are discussed in the final SAFE
Report issued in November. New stock assessment models were used in the
assessments for Pacific cod, arrowtooth flounder, and thornyhead
rockfish. Additional information, based on 1993 trawl surveys, was
presented for pollock, slope rockfish, Pacific ocean perch (POP),
pelagic shelf rockfish, and the flatfish groups. Details of the
assessments can be found in the September 1994 SAFE Report.
Substantial changes to the 1995 acceptable biological catches
(ABCs), compared to 1994 ABCs, occurred for pollock, Pacific cod, POP,
arrowtooth flounder, and shallow-water flatfish. Changes to the 1995
ABCs also occurred for deep-water flatfish, flathead sole, other
rockfish, pelagic shelf rockfish, thornyhead rockfish, and Atka
mackerel. The 1995 ABCs for rex sole, shortraker/rougheye and northern
rockfish remain similar to the 1994 ABCs.
The Plan Team recommended an ABC for pollock of 65,360 mt, down
from 109,300 mt in 1994. The Plan Team chose a more conservative
exploitation strategy for this stock because of recent trends in poor
recruitment of GOA pollock and because of ecosystem considerations. The
stock biomass for pollock has been declining for a number of years and
even with the more conservative exploitation strategy, the biomass is
still likely to go below the threshold for sustainable yield. The
Scientific and Statistical Committee (SSC) concurred with the Plan
Team's recommended ABC and the Council accepted the SSC's
recommendation.
An ABC of 103,000 mt was recommended by the Plan Team for Pacific
cod. The 1995 ABC is double the 1994 ABC for this stock because a
higher natural mortality rate was assumed and because the stock
assessment model was changed. The model for assessing this stock was
changed to a stock synthesis model, which resulted in a higher estimate
of exploitable biomass. The SSC expressed some concern over the large
increase in ABC and recommended a range from the 1994 ABC level of
50,400 mt to the Plan Team's recommended 1995 level of 103,000 mt.
A new biomass estimate for POP resulted in a 1995 ABC that is more
than twice the 1994 ABC. Age composition data also indicate an
exceptionally strong 1986 year class, especially in the Central and
Western Regulatory areas. New biomass estimates for POP indicate that
POP is close to the rebuilding level, as established by the POP
rebuilding plan, authorized under Amendment 32 to the FMP. The
assessment authors determined an ABC of 8,830 mt, which was then
adjusted according to established guidelines by the Plan Team, to
provide a buffer between the ABC and the overfishing level. The
resulting ABC was 6,800 mt. The SSC did not agree with the guidelines
for the downward adjustment of the ABC and recommended an ABC of 8,830
mt, equal to the overfishing level. The SSC believes that adjusting the
overfishing level upwards to create a buffer between ABC and
overfishing might be more appropriate. The Council accepted the SSC
recommendation and set the 1995 ABC at 8,830 mt. The TAC amount for POP
is set by the POP rebuilding plan and is not affected by the ABC
amount.
The new biomass estimates for shallow-water flatfish were greater
than the previous estimates and the 1995 ABC (52,270 mt) is greater
than the 1994 ABC (34,420 mt). The 1995 ABC for arrowtooth flounder
(198,130 mt) is lower than the 1994 ABC (236,240 mt), based on new
biomass estimates. New survey information indicated declines in biomass
levels for some flatfish groups, resulting in associated declines in
ABCs. The 1995 ABCs for deep-water flatfish (14,590 mt) and for
flathead sole (28,790 mt) were both lower than the 1994 ABCs (16,510 mt
and 35,850 mt, respectively).
A new assessment model for thornyhead rockfish resulted in a Plan
Team ABC recommendation of 2,320 mt, which is double the 1994 ABC.
Because rockfish are vulnerable to over-exploitation and because the
model is new, the SSC recommended phasing in the new ABC. A 4-year
stair-step approach to implementation of the Plan Team's recommended
ABC was recommended so that the new assessment model can be reevaluated
after the 1996 trawl survey. For 1995, the ABC was set at \5/8\ of the
Plan Team's ABC because the 1994 ABC was about one-half the new ABC.
This procedure results in a 1995 ABC of 1,450 mt.
The 1995 ABC for Atka mackerel, recommended by the SSC and accepted
by the Council, is similar to the 1994 ABC. The Plan Team recommended
an ABC of 6,480 mt. However, in 1994, when Atka mackerel was separated
from the ``other species'' category, the Plan Team's calculated 1994
ABC was reduced to \3/6\. This reduction factor would increase by \1/6\
per year (stair stepping) and be multiplied by subsequent annual
calculated ABCs. The SSC recommended that this procedure be continued
to maintain consistency of approach for the management of the Bering
Sea and Aleutian Islands (BSAI) management area and the GOA Atka
mackerel resource. Continuing the stair-step approach for the 1995
fishing year, the calculated ABC should be reduced to \4/6\ of the Plan
Team's 1995 ABC. Using this approach, the SSC recommended an ABC of
4,300 mt. This approach also takes into account concern about survey
variability and concerns for northern fur seals and Steller sea lions,
which feed on Atka mackerel. Even though the stair-step approach
provides some protection to this stock, the SSC expressed concern that
other management measures be considered to reduce the potential impacts
on marine mammals.
New assessments for other rockfish, northern rockfish, shortraker/
rougheye and pelagic shelf rockfish resulted in slightly lower 1995
ABCs for these groups, compared to the 1994 ABCs. Because there were no
new assessments for DSR and sablefish at this time, the ABCs for these
two groups remain unchanged.
The Plan Team and the SSC recommended removing redbanded rockfish
(Sebastes babcocki) from the DSR group and placing it in the ``other
rockfish'' category because this species can constrain the DSR fishery
and it is caught as bycatch in the ``other rockfish'' category. This
would not affect the ABC recommendation for either group. The Plan Team
had recommended removing black rockfish from the pelagic shelf rockfish
group but the SSC did not agree, because not enough biological data
exist on black rockfish biomass.
The total ABC amount recommended by the SSC and accepted by the
Council was a range from 481,090--533,690 mt. The range accounted for
the recommended ABC range in the Pacific cod stock. The total TAC
amount recommended by the Advisory Panel (AP) was 326,515 mt. The AP
recommended a 1995 TAC equal to the 1995 ABCs, as recommended by the
SSC, for pollock, rex sole, sablefish, shortraker/rougheye, other
rockfish, northern rockfish, pelagic shelf rockfish, DSR, and
thornyhead rockfish. The AP recommendation for a 1995 TAC for Pacific
cod was equal to the upper end of the range (103,000 mt) recommended by
the SSC.
The AP recommended a 1995 TAC that was lower than the 1995 ABC
recommended by the SSC, and that was equal to the 1994 TAC, for deep-
water flatfish, flathead sole, shallow-water flatfish, and Atka
mackerel.
Because the POP biomass was higher than in 1994, the 1995 TAC for
POP is higher than in 1994. As mentioned above, the TAC for POP is
specified in the rebuilding plan and the apportionments are based on
the biomass distribution in each of the GOA regulatory areas.
The AP increased the 1995 apportionment from the 1994 TAC for
arrowtooth flounder in the Central Regulatory area by 5,000 mt, to
25,000 mt. The TAC amount for arrowtooth flounder in the other
regulatory areas is the same as the 1994 TAC amount, resulting in a
total of TAC of 35,000 mt.
The Council considered information in the SAFE Report,
recommendations from its SSC and its AP, as well as public testimony.
The Council then accepted the ABCs as recommended by the SSC and, with
the exception of slope rockfish, the TACs as recommended by the AP.
The Council chose a TAC range for ``other rockfish'' that ranged
from the 1994 TAC amount of 2,235 mt to the 1995 ABC amount of 6,930
mt. This range was recommended to recognize the need for conservative
management of this group. However, NMFS must manage the fisheries based
on a single TAC amount, rather than on a range of numbers. NMFS has
chosen to propose a TAC of 6,930 mt, which is the number proposed by
the AP and is the ABC that was recommended from the 1994 stock
assessment. Even though this number will be used to establish the 1995
interim TAC until the final specifications are implemented, no
practical difference exists in choosing any number within the Council's
recommended TAC range. The hook-and-line fisheries typically do not
harvest slope rockfish and the trawl fisheries for rockfish do not open
until July 1, by which time the final specifications will be published.
NMFS also revises the Council's recommendation for the 1995
flathead sole TAC. The Council approved the AP recommendation of
adopting the 1994 TAC amounts for flathead sole for the 1995 TAC
amounts. In the GOA Eastern Regulatory Area, the 1994 TAC amount (3,000
mt) is higher than the Council's recommended 1995 ABC (2,740 mt). To
maintain consistency with the accepted policy of setting TACs lower
than or equal to ABC amounts, NMFS is proposing to establish a 1995 TAC
of 2,740 mt for the Eastern Regulatory Area. This number is equal to
the 1995 ABC recommended by the Plan Team and the SSC and approved by
the Council. Adjustment of the flathead sole TAC in the Eastern
Regulatory Area changes the total 1995 flathead sole TAC to 9,740 mt.
This also results in a revised ``other species'' TAC amount of 15,535
mt and a revised 1995 total GOA TAC of 326,242 mt.
The 1995 ABCs, TACs and interim TACs, as well as the ABC and TAC
apportionments, are shown in Table 1.
Table 1.--Proposed 1995 ABCs, Proposed TACs, One-Fourth TACs and DAPs of Groundfish for the Western/Central (W/
C), Western (W), Central (C), and Eastern (E) Regulatory Areas and in the West Yakutat (WYak), Southeast Outside
(SEO), and Gulfwide (GW) Districts of the Gulf of Alaska.\1\ Amounts Specified as Joint Venture Processing (JVP)
and Total Allowable Level of Foreign Fishing (TALFF) Are Proposed To Be Zero and Are Not Shown in This Table.
Reserves Are Proposed To Be Apportioned to DAP. Amounts Are in Metric Tons.
----------------------------------------------------------------------------------------------------------------
\1/4\
Species Area ABC TAC=DAP TAC=interim
TAC
----------------------------------------------------------------------------------------------------------------
Pollock:\2\
W (61) 30,380 30,380 7,595
C (62) 15,310 15,310 3,827
C (63) 16,310 16,310 4,078
-------------------------------------------
Subtotal.................................... W/C 62,000 62,000 15,500
===========================================
E 3,360 3,360 840
-------------------------------------------
Total..................................... 65,360 65,360 16,340
===========================================
Pacific cod:\3\
Inshore....................................... W ................. 26,910 6,727
Offshore...................................... W ................. 2,990 748
Inshore....................................... C ................. 61,200 15,300
Offshore...................................... C ................. 6,800 1,700
Inshore....................................... E ................. 4,590 1,147
Offshore...................................... E ................. 510 128
W 16,630-29,900 29,900 7,475
C 31,250-68,000 68,000 17,000
E 2,520-5,100 5,100 1,275
-------------------------------------------
Total..................................... 50,400-103,000 103,000 25,750
===========================================
Flatfish, Deep-water:\4\
W 670 460 115
C 8,150 7,500 1,875
E 5,770 3,120 780
-------------------------------------------
Total..................................... 14,590 11,080 2,770
===========================================
Rex sole:
W 1,350 1,350 338
C 7,050 7,050 1,763
E 2,810 2,810 703
-------------------------------------------
Total..................................... 11,210 11,210 2,804
===========================================
Flathead sole:
W 8,880 2,000 500
C 17,170 5,000 1,250
E 2,740 2,740 685
-------------------------------------------
Total..................................... 28,790 9,740 2,435
===========================================
Flatfish, Shallow-water:\5\
W 26,280 4,500 1,125
C 23,140 12,950 3,238
E 2,850 1,180 295
-------------------------------------------
Total..................................... 52,270 18,630 4,658
===========================================
Arrowtooth flounder:
W 28,400 5,000 1,250
C 141,290 25,000 6,250
E 28,440 5,000 1,250
-------------------------------------------
Total..................................... 198,130 35,000 8,750
===========================================
Sablefish:\6\
W 2,290 2,290 573
C 11,220 11,220 2,805
W. Yak. 4,850 4,850 1,213
SEO 7,140 7,140 1,785
-------------------------------------------
Total..................................... 25,500 25,500 6,376
===========================================
Pacific ocean perch:\7\
W 1,780 1,195 299
C 3,190 2,152 538
E 3,860 2,630 657
-------------------------------------------
Total..................................... 8,830 5,977 1,494
===========================================
Shortraker/rougheye:\8\
W 170 170 43
C 1,210 1,210 303
E 530 530 133
-------------------------------------------
Total..................................... 1,910 1,910 479
===========================================
Rockfish, other:\9\\10\\11\
W 170 170 43
C 1,150 1,150 288
E 5,610 5,610 1,403
-------------------------------------------
Total..................................... 6,930 6,930 1,734
===========================================
Rockfish, northern:\12\
W 640 640 160
C 4,610 4,610 1,153
E 20 20 5
-------------------------------------------
Total..................................... 5,270 5,270 1,318
===========================================
Rockfish, pelagic shelf:\13\
W 910 910 228
C 3,200 3,200 800
E 1,080 1,080 270
-------------------------------------------
Total..................................... 5,190 5,190 1,298
===========================================
Demersal shelf rockfish\11\....................... SEO 960 960 240
Thornyhead rockfish............................... GW 1,450 1,450 363
Atka mackerel\14\................................. GW 4,300 3,500 875
Other species\15\................................. NA\16\ 15,535 3,884
-------------------------------------------
GOA Total\17\............................. 481,090-533,690 326,242 81,568
----------------------------------------------------------------------------------------------------------------
\1\See Sec. 672.2 for definitions of regulatory area, regulatory district, and statistical area.
\2\Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3),
each of which is further divided into equal quarterly allowances. The first quarterly allowances are in effect
on an interim basis. In the Eastern Regulatory Area, pollock is not divided into quarterly allowances, and one-
fourth of the TAC is available on an interim basis.
\3\Pacific cod is allocated 90 percent to the inshore, and 10 percent to the offshore component. One-fourth of
the inshore and offshore allocations will be available on an interim basis. Component allowances are shown in
Table 4.
\4\``Deep-water flatfish'' means Dover sole and Greenland turbot. Rex sole is a separate target species
beginning with the 1994 fishing year.
\5\``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\Sablefish is allocated to trawl and hook-and-line gears (Table 2).
\7\``Pacific ocean perch'' means Sebastes alutus.
\8\``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).
\9\``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means
slope rockfish.
\10\``Slope rockfish'' means Sebastes aurora (aurora), S melanostomus (blackgill), S paucispinis (bocaccio), S
goodei (chilipepper), S crameri (darkblotch), S elongatus (greenstriped), S variegateu (harlequin), S wilsoni
(pygmy), S proriger (redstripe), S zacentrus (sharpchin), S jordani (shortbelly), S brevispinis (silvergrey),
S diploproa (splitnose), S saxicola (stripetail), S miniatus (vermilion), S babcocki (redbanded), and S reedi
(yellowmouth).
\11\``Demersal shelf rockfish'' means Sebastes pinniger (canary),S nebulosus (china), S caurinus (copper), S
maliger (quillback), S helvomaculatus (rosethorn), S nigrocinctus (tiger), and S ruberrimus (yelloweye).
\12\``Northern rockfish'' means Sebastes polyspinis.
\13\``Pelagic shelf rockfish'' includes Sebastes melanops (black), S mystinus (blue), S ciliatus (dusky), S
entomelas (widow), and S flavidus (yellowtail).
\14\Atka mackerel is a separate target species beginning in 1994.
\15\``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC
for ``other species'' equals 5 percent of the TACs of target species.
\16\NA=not applicable.
\17\The total ABC reflects the sum of the ABCs for target species.
2. Proposed Apportionment of Reserves to DAP
Regulations implementing the FMP require 20 percent of each TAC for
pollock, Pacific cod, flatfish species, and the ``other species''
category be set aside in reserves for possible apportionment at a later
date (Sec. 672.20(a)(2)(ii)). Consistent with Sec. 672.20(a)(2)(iii),
NMFS is proposing to apportion the 1995 reserves for each of the four
species categories to DAP, anticipating that domestic harvesters and
processors have established markets for these species and should be
provided the opportunity to realize revenues from the harvest of the
full DAP amounts so specified. Specifications of DAP shown in Table 1
reflect apportioned reserves.
3. Proposed Apportionment of the Sablefish TACs to Users of Hook-and-
Line and Trawl Gear
Under Sec. 672.24(c), sablefish TACs for each of the regulatory
areas and districts are assigned to hook-and-line and trawl gear. In
the Central and Western Regulatory Areas, 80 percent of the TAC is
allocated to hook-and-line gear and 20 percent is allocated to trawl
gear. In the Eastern Regulatory Area, 95 percent of the TAC is assigned
to hook-and-line gear and 5 percent is assigned to trawl gear. The
trawl gear allocation in the Eastern Regulatory Area may only be used
as bycatch to support directed fisheries for other target species.
Sablefish caught in the GOA with gear other than hook-and-line or trawl
must be treated as prohibited species and may not be retained. Table 2
shows the assignments of the proposed 1995 sablefish TACs between hook-
and-line and trawl gears.
Table 2.--Proposed 1995 Sablefish TAC Specifications in the Gulf of Alaska and Assignments thereof to Hook-and-
Line and Trawl Gear
[Values are in metric tons.]
----------------------------------------------------------------------------------------------------------------
Hook-and- Trawl
Area/District TAC line share share
----------------------------------------------------------------------------------------------------------------
Western...................................................................... 2,290 1,832 458
Central...................................................................... 11,220 8,976 2,244
Eastern West Yakutat......................................................... 4,850 4,607 243
Southeast Outside............................................................ 7,140 6,783 357
----------------------------------
Total.................................................................. 25,500 22,198 3,302
----------------------------------------------------------------------------------------------------------------
4. Proposed Apportionments of Pollock TAC
In the GOA, pollock is apportioned by area and season. These
amounts are further apportioned between inshore and offshore
components. Regulations at Sec. 672.20(a)(2)(iv) require that the TAC
for pollock in the combined Western/Central Regulatory Areas (W/C) be
apportioned among statistical areas Shumagin (61), Chirikof (62), and
Kodiak (63) in proportion to known distribution of the pollock biomass.
This measure was intended to provide spatial distribution of the
pollock harvest as a sea lion protection measure. Each statistical area
apportionment is further divided equally into the four calendar
quarters. Within any fishing year, any unharvested amount of any
quarterly allowance of pollock TAC is added in equal proportions to the
quarterly allowances of following quarters, resulting in a sum for each
quarter not to exceed 150 percent of the initial quarterly allowance.
Similarly, harvests in excess of a quarterly allowance of TAC are
deducted in equal proportions from the remaining quarterly allowances
of that fishing year. The Eastern Regulatory Area proposed TAC of 3,360
mt is not allocated among smaller areas, or quarterly.
Regulations at Sec. 672.20(a)(2)(v)(A) require that the DAP
apportionment for pollock in all regulatory areas and all quarterly
allowances thereof be divided into inshore and offshore components. The
inshore component is apportioned 100 percent of the pollock DAP in each
regulatory area after subtraction of amounts that are determined by the
Director, Alaska Region, NMFS, (Regional Director) to be necessary to
support the bycatch needs of the offshore component in directed
fisheries for other groundfish species. At this time, these bycatch
amounts are unknown, and will be determined during the fishing year.
The proposed distribution of pollock within the combined W/C GOA is
shown in Table 3, except that inshore and offshore component
apportionments of pollock are not shown.
Table 3.--Proposed Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf Of Alaska (W/
C GOA); Biomass Distribution, Area Apportionments, and Quarterly Allowances ABC for the W/C GOA is Proposed To
Be 62,000 Metric Tons (MT). Biomass Distribution is Based on 1993 Survey Data. TACs Are Equal to ABC. Inshore
and Offshore Allocations of Pollock Are Not Shown.
[ABCs and TACs are rounded to the nearest 10 mt.]
----------------------------------------------------------------------------------------------------------------
Biomass 1995 Quarterly
Statistical area percent ABC=TAC allowance
----------------------------------------------------------------------------------------------------------------
Shumagin (61)................................................................. 49 30,380 7,595
Chirikof (62)................................................................. 24.7 15,310 3,827
Kodiak (63)................................................................... 26.3 16,310 4,078
Total................................................................... 100.0 62,000 15,500
----------------------------------------------------------------------------------------------------------------
5. Proposed Apportionments of Pacific Cod TAC
Regulations at Sec. 672.20(a)(2)(v)(B) require that the DAP
apportionment of Pacific cod in all regulatory areas be divided into
inshore and offshore components. The inshore component is equal to 90
percent of the Pacific cod TAC in each regulatory area. Inshore and
offshore component allocations of the proposed 103,000 mt TAC for each
regulatory area are shown in Table 4.
Table 4.-- Proposed 1995 Allocation (Metric Tons) of Pacific Cod in the Gulf of Alaska; Allocations to Inshore
and Offshore Components
----------------------------------------------------------------------------------------------------------------
Component Allocation
-------------------------
Regulatory area TAC Inshore
(90%) Offshore(10%)
----------------------------------------------------------------------------------------------------------------
Western.................................................................... 29,900 26,910 2,990
Central.................................................................... 68,000 61,200 6,800
Eastern.................................................................... 5,100 4,590 510
------------------------------------
Total................................................................ 103,000 92,700 10,300
----------------------------------------------------------------------------------------------------------------
6. ``Other Species'' TAC
The FMP specifies that amounts for the ``other species'' category
are calculated as 5 percent of the combined TACs for target species.
The GOA-wide ``other species'' TAC is calculated as 15,535 mt, which is
5 percent of the sum of combined TACs for the target species.
7. Proposed Halibut PSC Mortality Limits
Under Sec. 672.20(f), annual Pacific halibut PSC mortality limits
are established for trawl and hook-and-line gear and may be established
for pot gear.
At its September 1994 meeting, the Council recommended that, for
1995, NMFS re-establish 1994 PSC limits of 2,000 mt and 750 mt for the
trawl and hook-and-line gear fisheries, respectively, with 10 mt of the
hook-and-line limit allocated to the DSR fishery in the Southeast
Outside District and the remainder to other hook-and-line gear
fisheries. As in 1994, the Council proposes to exempt pot gear from
halibut limits for 1994.
At its September 1994 meeting, the Council also recommended that
NMFS initiate rulemaking that would authorize exemption of the hook-
and-line sablefish fishery from the halibut PSC limit. The Council
recommended this because of the 1995 implementation of the sablefish
and halibut Individual Fishing Quota (IFQ) program, which would allow
legal-sized halibut to be retained in the sablefish fishery. NMFS is
preparing a proposed rule to implement the Council's recommendation.
The proposed rule would also specify a reduced halibut PSC limit for
the 1995 GOA hook-and-line gear fisheries other than sablefish. The
Council recommended that the trawl fishery apportionment of the 1995
halibut bycatch mortality limit (2,000 mt) remain unchanged from 1994.
In 1994, NMFS approved a rule that authorizes separate
apportionments of the trawl halibut bycatch mortality limit between
trawl fisheries for deep-water and shallow-water species (59 FR 38132,
July 27, 1994). These apportionments are divided seasonally to avoid
seasonally high halibut bycatch rates.
NMFS preliminarily concurs in the Council's 1995 recommendations.
Some changes may be made in the seasonal, gear type and fishing-complex
apportionments of halibut PSC limits for the final 1995 specifications.
NMFS considers the following types of information as presented by, and
summarized from, the preliminary 1994 SAFE Report, or from public
comment and testimony.
(A) Estimated Halibut Bycatch in Prior Years
The best available information on estimated halibut bycatch is
available from data collected in 1994 by NMFS-certified observers. The
calculated halibut bycatch mortality by trawl, hook-and-line, and pot
gear through November 11, 1994, is 2,221 mt, 752 mt, and 4 mt,
respectively, for a total of 2,977 mt. Halibut bycatch restrictions
seasonally constrained trawl gear fisheries during the first, second,
third and fourth quarters of the fishing year. Trawling, with the
exception of trawling for pollock with pelagic trawl gear, was closed
in 1994 from March 21 to March 31 for the shallow-water species complex
(59 FR 13894, March 24, 1994); from April 22 to June 30 for the deep-
water species complex (59 FR 21946, April 28, 1994); from May 19 to
June 30 for the shallow-water species complex (59 FR 26761, May 24,
1994); from August 15 to September 30 for the shallow-water complex (59
FR 42776, August 19, 1994); and from August 29 to September 30 for the
deep-water complex (59 FR 45239, September 1, 1994), as a result of
halibut PSC seasonal allowances. The fourth quarter halibut PSC
allowance was reached on October 29 (59 FR 55066, November 3, 1994).
Hook-and-line gear was closed to directed fishing for all but DSR on
May
28 to December 31, 1994 (59 FR 17737, April 14, 1994; 59 FR 43296,
August 23, 1993). The sablefish hook-and-line gear fishery was reopened
for a 48-hour period in September, 1994, concurrent with the Pacific
halibut fishery (59 FR 44944, August 31, 1994).
The amount of groundfish that trawl or hook-and-line gear might
have harvested, if halibut PSC had not been seasonally limiting in
1994, is unknown. However, lacking market incentives, some amounts of
groundfish will not be harvested, regardless of halibut PSC bycatch
availability.
(B) Expected Changes in Groundfish Stocks
At its September 1994 meeting, the Council recommended lower 1995
ABCs than 1994 ABCs for pollock, deep-water flatfish, rex sole,
flathead sole, arrowtooth flounder, other rockfish, northern rockfish,
pelagic shelf rockfish, shortraker/rougheye, and Atka mackerel. Higher
1995 ABCs, as compared to the 1994 ABCs, were recommended for Pacific
cod, shallow-water flatfish, POP, and thornyhead rockfish.
The 1995 ABCs for DSR and sablefish are unchanged from 1994 levels.
More information on these proposed changes is included in the
preliminary SAFE Report, dated September 1994, and in the AP, SSC, and
Council minutes from the September 1994 meeting.
(C) Expected Changes in Groundfish Catch
The total of the proposed 1995 specified TACs for the GOA is
326,242 mt, which represents 107 percent of the sum of TACs for 1994
(304,589 mt). Significant changes in TACs for pollock, Pacific cod,
POP, other rockfish, shallow-water rockfish, and arrowtooth flounder
are proposed. Increased TACs for some groups could result in increased
halibut mortality associated with those fisheries. The changes in
pollock TACs are not expected to affect halibut bycatches, because most
of the pollock harvest in the GOA is accomplished with pelagic trawls
that experience low bycatch rates of halibut.
(D) Current Estimates of Halibut Biomass and Stock Condition
The stock assessment for 1993 conducted by the International
Pacific Halibut Commission (IPHC) indicates that the total exploitable
biomass of Pacific halibut in the BSAI management area and the GOA
together was 300.4 million lb (136,236 mt) using the standard
assessment methods and 249.8 million lb (113,288 mt) when discounting
the effects of an upturn in catch per unit effort for 1992 and 1993.
This represents a decline in biomass of 12-15 percent from the previous
stock assessment, a rate that is higher than the 5-10 percent annual
decline observed in previous years. Exploitable biomass was estimated
at 219.6 million lb (99,592 mt) for the GOA areas, a decrease of 13
percent with respect to the 1992 biomass. Recruitment was the lowest in
20 years, but was consistent with cyclical patterns of recruitment that
have occurred over the last 50 years. The low recruitment exhibited in
recent years can be expected to contribute to a continued decline in
the overall stock at a rate of 10-15 percent over the next several
years. Some changes may be made to the IPHC Report in November.
(E) Potential Impacts of Expected Fishing for Groundfish on Halibut
Stocks and U.S. Halibut Fisheries
Halibut fisheries will be adjusted to account for the overall
halibut PSC mortality limit established for groundfish fisheries. The
1995 groundfish fisheries are expected to use the entire proposed
halibut PSC limit of 2,750 mt. The allowable directed commercial catch
is determined by accounting for the recreational catch, waste, and
bycatch mortality, and then providing the remainder to the directed
fishery. How this affects the directed fishery depends on the constant
exploitable yield (CEY) determined by the IPHC. Therefore, if the PSC
limit of 2,750 mt is instituted for the 1995 fishery, the results could
be either positive or negative to the directed halibut fishery,
depending on whether the CEY is higher or lower than it was in the
previous year's fishery.
(F) Methods Available For, and Costs of, Reducing Halibut Bycatches in
Groundfish Fisheries
Methods available for reducing halibut bycatch include (1) reducing
amounts of groundfish TACs, (2) reducing halibut bycatch rates through
a Vessel Incentive Program, (3) modifying gear, (4) changing groundfish
fishing seasons, and (5) instituting individual transferable quota
programs designed to reduce the derby-style fishing.
Reductions in groundfish TACs provide no incentives for fishermen
to reduce bycatch rates. Costs that would be imposed on fishermen as a
result of reducing TACs depend on species and amounts of groundfish
foregone.
Trawl vessels carrying observers for purposes of complying with the
Observer Plan are subject to the Vessel Incentive Program. The program
encourages trawl fishermen to avoid high halibut bycatch rates while
conducting groundfish fisheries by specifying bycatch rate standards
for various target fisheries.
Current regulations require groundfish pots to have halibut
exclusion devices to reduce halibut bycatches. Resulting low bycatch
and mortality rates of halibut in pot fisheries have justified
exempting pot gear from PSC limits.
Regulations also define pelagic trawl gear in a manner intended to
reduce bycatch of halibut by displacing fishing effort off the bottom
of the sea floor when certain halibut bycatch levels are reached during
the fishing year. The definition provides standards for physical
conformation and also for performance of the trawl gear in terms of
crab bycatch (58 FR 39680, July 26, 1993). Furthermore, all hook-and-
line vessel operators are required to employ careful release measures
when handling halibut bycatch. This measure is intended to reduce
handling mortality, increase the amount of groundfish harvested under
the available halibut mortality bycatch limits, and possibly lower
overall halibut bycatch mortality in groundfish fisheries.
Halibut bycatch has been reduced by changes in some groundfish
fishing seasons. In 1994, the sablefish hook-and-line season started
May 18, and the rockfish trawl fishery was delayed until the third
quarter, July 1. These delays postponed the start of the sablefish and
rockfish fisheries to times when seasonal halibut bycatch rates are
lower. In 1995, the season start date for sablefish, under the IFQ
program, will be March 1 (Sec. 676.23(b)).
The anticipated implementation in 1995 of the sablefish/halibut IFQ
program should reduce the halibut discard mortality in the sablefish
fishery because any legal-sized halibut caught by vessels with quota-
share holders onboard must be retained.
Methods available for reducing halibut bycatch listed above will be
reviewed by NMFS and the Council to determine their effectiveness.
Changes will be initiated, as necessary, in response to this review or
to public testimony and comment.
Consistent with the goals and objectives of the FMP to reduce
halibut bycatches while providing an opportunity to harvest the
groundfish OY, NMFS proposes the assignments of 2,000 mt and 750 mt of
halibut PSC mortality limits to trawl and hook-and-line gear,
respectively. While these limits would reduce the harvest quota for
commercial halibut fishermen, NMFS has determined that they would not
result in unfair allocation to any particular user group. NMFS
recognizes that some halibut bycatch will occur in the groundfish
fishery, but expansion of the Vessel Incentive Program, required
modifications to gear, implementation of the IFQ program, and changes
in the season start date for some fisheries are intended to reduce
adverse impacts on halibut fishermen while promoting the opportunity to
achieve the OY from the groundfish fishery.
As mentioned above, NMFS is pursuing rulemaking that would
authorize the annual exemption of the sablefish hook-and-line gear
fishery from halibut bycatch restrictions. This action was recommended
by the Council based on the anticipation of reduced halibut discard
mortality in the fishery under the IFQ program and to support the
first-year implementation of the IFQ program. This action would
minimize competition within the sablefish hook-and-line fleet for
halibut bycatch before individual sablefish quota-share amounts are
harvested.
8. Proposed Seasonal Allocations of the Halibut PSC Limits
Under Sec. 672.20(f)(2)(iii), NMFS proposes to allocate seasonally
the halibut PSC limits based on recommendations from the Council. The
FMP requires that the following information be considered by the
Council in recommending seasonal allocations of halibut: (1) Seasonal
distribution of halibut, (2) seasonal distribution of target groundfish
species relative to halibut distribution, (3) expected halibut bycatch
needs on a seasonal basis relevant to changes in halibut biomass and
expected catches of target groundfish species, (4) expected bycatch
rates on a seasonal basis, (5) expected changes in directed groundfish
fishing seasons, (6) expected actual start of fishing effort, and, (7)
economic effects of establishing seasonal halibut allocations on
segments of the target groundfish industry.
The Council recommended the same seasonal allocation of PSC limits
for the 1995 fishing year as those in effect during the 1994 fishing
year. The publication of the final 1994 initial groundfish and PSC
specifications (59 FR 7647, February 16, 1994) summarizes Council
findings with respect to each of the FMP considerations set forth
above. At this time, the Council's findings are unchanged from those
set forth for 1994.
Pacific halibut PSC catch limits, and apportionments thereof, are
presented in Table 5. Regulations specify that any overages or
shortfalls in PSC catches will be accounted for within the 1995 season.
The Council did not recommend changes in the seasonal
apportionments for the hook-and-line gear fisheries from those
specified in 1994; however, NMFS notes that the opening date of the
sablefish fishery is scheduled to change from May 18, in 1994, to March
1, in 1995, under the IFQ program. This change and the Council's
proposed exemption of the sablefish fishery from the 1995 PSC limit may
prompt the Council to alter its recommendation for seasonal
apportionments at its December 1994 meeting.
Table 5.--Proposed 1995 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC
Limit for Hook-and-Line Gear is Allocated to the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than
DSR
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear
----------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Dates Amount ---------------------------------------------------------------------
Dates Amount Dates Amount
----------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31.............. 600 (30%) Jan 1-May 17......... 200 (27%) Jan 1-Dec 31........ 10 (100%)
Apr 1-Jun 30.............. 400 (20%) May 18-Aug 31........ 500 (68%) .................... ..........
Jul 1-Sep 30.............. 600 (30%) Sep 1-Dec 31......... 40 (5%) .................... ..........
Oct 1-Dec 31.............. 400 (20%) ..................... ........... .................... ..........
---------------- ------------- -----------
Total............... 2,000 (100%) ..................... 740 (100%) .................... 10 (100%)
----------------------------------------------------------------------------------------------------------------
Regulations at Sec. 672.20(f)(1) authorize apportionments of the
trawl halibut PSC limit allowance as bycatch allowances to a deep-water
species complex, comprising sablefish, rockfish, deep-water flatfish,
and arrowtooth flounder, and a shallow-water species complex,
comprising pollock, Pacific cod, shallow-water flatfish, flathead sole,
Atka mackerel, and other species. The apportionment for these two
complexes is presented in Table 6.
Table 6.--Proposed 1995 Apportionment of Pacific Halibut PSC Trawl Limits Between the Deep-Water Species Complex
and the Shallow-Water Species Complex
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water Total
----------------------------------------------------------------------------------------------------------------
Jan 20-Mar 31............................................. 500 100 600
Apr 01-Jun 30............................................. 100 300 400
Jul 01-Sep 30............................................. 200 400 600
Oct 01-Dec 31............................................. (\1\) (\1\) (\1\)
----------------------------------------------------------------------------------------------------------------
No apportionment between shallow and deep for the 4th quarter.
Assumed halibut mortality rates for halibut PSC bycatch in 1995 are
based on an average of mortality rates determined from NMFS-observer
data collected during 1992 and 1993, except for the GOA hook-and-line
rockfish, for which 1992/93 rates were not available and the rates from
1990 and 1991 were used. Except as noted below, the Council proposed
that revised halibut discard mortality rates recommended by the IPHC be
adopted for purposes of monitoring halibut bycatch mortality limits
established for the 1995 groundfish fisheries. The Council's action
would establish two separate mortality rates for the GOA bottom trawl
pollock fishery: 54 percent for shoreside operations and 81 percent for
offshore operations. The proposed rate differences for at-sea and
shoreside processors result from analyses by the IPHC that showed that
at-sea processing vessels had a significantly higher discard mortality
rate than the shorebased operators. However, NMFS notes that directed
fishing for GOA pollock by the offshore component is prohibited under
Sec. 672.20(a)(2)(v).
The IPHC determined that the careful release measures implemented
for vessels using hook-and-line gear did not show appreciable
improvements in mortality rates and has recommended one rate for both
observed and unobserved vessels in the hook-and-line fisheries. This
action was approved by the Council. The halibut mortality rates are
listed in Table 7.
Table 7.--1995 Assumed Pacific Halibut Mortality Rates for Vessels
Fishing in the Gulf of Alaska
[Table values are percent of halibut bycatch assumed to be dead]
------------------------------------------------------------------------
Gear and Target
------------------------------------------------------------------------
Hook-and-Line:
Sablefish.................................................. 25
Pacific cod................................................ 20
Rockfish................................................... 18
Trawl:
Midwater pollock........................................... 66
Rockfish................................................... 66
Shallow-water flatfish..................................... 64
Pacific cod................................................ 58
Deep-water flatfish........................................ 59
Bottom pollock:
Shoreside.............................................. 54
At-sea................................................. 81
Pot: Pacific cod............................................... 18
------------------------------------------------------------------------
For most fisheries, the 1992-93 averages, on which the 1995
recommendations are based, are somewhat higher than the actual rate
used in 1994. This occurs because the rates used in 1994 were a
rollover of the 1993 rates, which had been derived from data for 1990
and 1991. After the December 1994 Council meeting, NMFS will consider
all available data and will publish preseason assumed halibut mortality
rates in the Federal Register publication announcing the final 1995
initial specifications of groundfish TACs.
Interim Groundfish Harvest Specifications
Current regulations at Sec. 672.20(c)(1)(ii)(A) require that one-
fourth of the preliminary TAC (not including the reserves and the first
quarterly allowance of pollock), one-fourth of the inshore and offshore
allocations of Pacific cod in each regulatory area, and one-fourth of
the halibut PSC amounts, take effect on January 1 on an interim basis
and remain in effect until superseded by the final 1995 initial
specifications published in the Federal Register or until harvested.
Seasonal apportionments of TACs or PSC limits under provisions of other
regulations may supersede these interim specifications. Table 1 shows
amounts of proposed specifications of target species and the ``other
species'' categories. NMFS is publishing interim initial specifications
as a separate document in the final rule section of today's Federal
Register.
Opening Date of the Directed Fishery for Sablefish for Hook-and-
Line Gear
Under new regulations implementing the IFQ program (50 CFR part
676) in 1995, the opening date of the sablefish fishery is March 1.
Closures to Directed Fishing
After consideration of public comments and additional scientific
information presented at its December 1994 meeting, the Council may
recommend closures to directed fishing. Additionally, NMFS may
implement other closures at the time the final 1995 initial
specifications of groundfish TACs are implemented, or during the 1995
fishing year as necessary for effective management.
Under Sec. 672.20(b)(1), when NMFS determines, after consultation
with the Council, that the TAC for any species or species group will be
fully harvested in the DAP fishery, NMFS may specify, for each calendar
year, the PSC limit applicable to any JVP or TALFF fisheries for that
species or species group. Any PSC limit specified shall be for bycatch
only and cannot be retained. Under Sec. 672.20(c)(6), if the Regional
Director determines that a PSC limit applicable to a directed JVP or
TALFF fishery has been or will be reached, NMFS will publish a closure
in the Federal Register prohibiting all further JVP or TALFF fishing in
all or part of the regulatory area concerned.
The Council did not propose any PSC limits for fully utilized
groundfish species at its September meeting, and it is not expected to
make such recommendations at its December meeting. Groundfish PSC
limits would only have been relevant if the Council had recommended
groundfish apportionments to JVP or TALFF. The Council is not expected
to recommend JVP or TALFF apportionments for the 1995 fishing year.
Classification
This action is authorized under 50 CFR 611.92 and 672.20; and is
exempt from review under E.O. 12866.
A draft environmental assessment (EA) on the allowable harvest
levels set forth in the final 1994 SAFE Report will be available for
public review at the December 1994 Council meeting. After the December
meeting, a final EA will be prepared on the final 1995 TAC amounts
recommended by the Council.
Consultation pursuant to section 7 of the Endangered Species Act
has been initiated for the 1995 GOA initial specifications.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 15, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-31400 Filed 12-21-94; 8:45 am]
BILLING CODE 3510-22-P
