[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72572-72574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33633]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[I.D. 121399A]
Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate
Standards for the First Half of 2000
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Pacific halibut and red king crab bycatch rate standards;
request for comments.
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SUMMARY: NMFS announces Pacific halibut and red king crab bycatch rate
standards for the first half of 2000. Publication of these bycatch rate
standards is necessary under regulations implementing the vessel
incentive program. This action is necessary to implement the bycatch
rate standards for trawl vessel operators who participate in the Alaska
groundfish trawl fisheries. The intent of this action is to reduce
prohibited species bycatch rates and promote conservation of groundfish
and other fishery resources.
DATES: Effective 1201 hours, Alaska local time (A.l.t.), January 20,
2000, through 2400 hours, A.l.t., June 30, 2000. Comments on this
action must be received at the following address no later than 4:30
p.m., A.l.t., January 26, 2000.
ADDRESSES: Comments may be submitted to Sue Salveson, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region,
NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel.
Comments also may be sent via facsimile (fax) to 907-586-7465. Comments
will not be accepted if submitted via e-mail or Internet. Courier or
hand delivery of comments may be made to NMFS in the Federal Building,
Room 453, Juneau, AK 99801.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, fax 907-
586-7465, e-mail mary.furuness@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish
fisheries in the exclusive economic zone of the Bering Sea and Aleutian
Islands management area (BSAI) and Gulf of Alaska (GOA) according to
the Fishery Management Plan for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area and the Fishery Management Plan for
Groundfish of the Gulf of Alaska (FMPs). The North Pacific Fishery
Management Council (Council) prepared the FMPs under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). Regulations governing the groundfish fisheries appear at
50 CFR part 679.
Regulations at Sec. 679.21(f) implement a vessel incentive program
to reduce halibut and red king crab bycatch rates in the groundfish
trawl fisheries. Under the incentive program, operators of trawl
vessels may not exceed Pacific halibut bycatch rate standards specified
for the BSAI and GOA midwater pollock and ``other trawl'' fisheries,
and the BSAI yellowfin sole and ``bottom pollock'' fisheries. Vessel
operators also may not exceed red king crab bycatch rate standards
specified for the BSAI yellowfin sole and ``other trawl'' fisheries in
Bycatch Limitation Zone 1 (defined in Sec. 679.2). The fisheries
included under the incentive program are defined in regulations at
Sec. 679.21(f)(2).
Regulations at Sec. 679.21(f)(3) require that halibut and red king
crab bycatch rate standards for each fishery included under the
incentive program be published in the Federal Register. The standards
are in effect for specified seasons within the 6-month periods of
January 1 through June 30, and July 1 through December 31. Because the
Alaskan groundfish fisheries are closed to trawling from January 1 to
January 20 of each year (Sec. 679.23(c)), the Administrator, Alaska
Region, NMFS (Regional Administrator) is promulgating bycatch rate
standards for the first half of 2000 effective from January 20, 2000,
through June 30, 2000.
As required by Sec. 679.21(f)(4), bycatch rate standards are based
on the following information:
(1) Previous years' average observed bycatch rates;
(2) Immediately preceding season's average observed bycatch rates;
(3) The bycatch allowances and associated fishery closures
specified under Secs. 679.20 and 675.21;
[[Page 72573]]
(4) Anticipated groundfish harvests;
(5) Anticipated seasonal distribution of fishing effort for
groundfish; and
(6) Other information and criteria deemed relevant by the Regional
Administrator.
At its October 1999 meeting, the Council reviewed halibut and red
king crab bycatch rates experienced by vessels participating in the
fisheries under the incentive program during 1994-1999. Based on this
and other information presented here, the Council recommended halibut
and red king crab bycatch rate standards for the first half of 2000.
These standards are unchanged from those specified for the past 5
years. The Council's recommended bycatch rate standards are listed in
Table 1 to this part.
Table 1--Bycatch Rate Standards, By Fishery and Quarter, For The First
Half Of 2000 For Purposes Of The Vessel Incentive Program In The BSAI
and GOA.
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Fishery and quarter 2000 bycatch rate standard
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Halibut bycatch rate standards (kilogram (kg) of halibut/metric ton (mt)
of groundfish catch
BSAI Midwater pollock
Qt 1................................ 1.0
Qt 2................................ 1.0
BSAI Bottom pollock
Qt 1................................ 7.5
Qt 2................................ 5.0
BSAI Yellowfin sole
Qt 1................................ 5.0
Qt 2................................ 5.0
BSAI Other trawl
Qt 1................................ 30.0
Qt 2................................ 30.0
GOA Midwater pollock
Qt 1................................ 1.0
Qt 2................................ 1.0
GOA Other trawl
Qt 1................................ 40.0
Qt 2................................ 40.0
Zone 1 red king crab bycatch rate standards (number of crab/mt of
groundfish catch)
BSAI yellowfin sole
Qt 1................................ 2.5
Qt 2................................ 2.5
BSAI Other trawl
Qt 1................................ 2.5
Qt 2................................ 2.5
------------------------------------------------------------------------
Bycatch Rate Standards for Pacific Halibut
The BSAI pollock roe season currently begins January 20 and ends
April 15, although pollock seasons in 2000 are expected to change under
proposed regulations implementing new Steller sea lion conservation
measures. In 1999, the inshore and offshore component fisheries for
pollock were closed 6 to 8 weeks prior to April 15, depending on the
processing component and area. Directed fishing for pollock by the
inshore and offshore component fisheries did not reopen until August 1,
the start of the pollock non-roe season. Directed fishing for pollock
by vessels participating in the community development quota program
could continue after the end of roe season. However, the community
development quota pollock fishery did not resume until just prior to
August 1. As in past years, the directed fishing allowances specified
for the 2000 pollock roe season likely will be reached before the end
of the roe season.
As in past years, the halibut bycatch rate standard recommended for
the BSAI and GOA midwater pollock fisheries (1 kg halibut/mt of
groundfish) is higher than the bycatch rates normally experienced by
vessels participating in these fisheries. The recommended standard is
intended to encourage vessel operators to maintain off-bottom trawl
operations.
In 1999, directed fishing for pollock by vessels using nonpelagic
trawl gear in the BSAI was prohibited under Sec. 679.20(a)(5)(i)(B). In
spite of this prohibition, the catch composition in observed hauls on
board some vessels still was attributed to the BSAI botttom pollock
fishery with an average halibut bycatch rate in the first calendar
quarter fishery equal to 2.49 kg halibut/mt groundfish. The Council has
again proposed that the amount of pollock that may be taken in the 2000
directed fishery for pollock using non-pelagic trawl gear be set at
zero metric tons under Sec. 679.20(a)(5)(i)(B). Although this
prohibition will be effective for 2000, the recommended halibut bycatch
rate standard remains at 7.5 kg halibut/mt groundfish and will not
likely be a factor in the directed pollock fishery. The bycatch rate
standard for the second quarter remains at 5 kg halibut/mt groundfish
even though little fishing for pollock is anticipated during this
period.
Other factors that could affect the spatial and temporal
distribution of the directed pollock fishery include the 2000
allocations of pollock among the inshore and offshore fleets under the
American Fisheries Act and the implementation of conservation measures
that are necessary under the Endangered Species Act to mitigate pollock
fishery impacts on Steller sea lions. At this time, the effects of
these changes on halibut bycatch rates in the pollock fishery are
unknown.
Data available on halibut bycatch rates in the yellowfin sole
fishery during the first and second quarters of 1999 showed an average
bycatch rate of 5.05 and 7.44 kg halibut/mt of groundfish,
respectively. These rates are similar to past years, so the Council and
NMFS have presumed that a bycatch rate standard of 5.0 kg halibut/mt of
groundfish for the yellowfin sole fishery will continue to encourage
vessel operators to take action to avoid
[[Page 72574]]
excessively high bycatch rates of halibut.
For the ``other trawl'' fisheries, the Council recommended a 30 kg
halibut/mt of groundfish bycatch rate standard for the BSAI and a 40 kg
halibut/mt of groundfish bycatch rate standard for the GOA. Observer
data collected from the 1999 BSAI ``other trawl'' fishery show first
and second quarter halibut bycatch rates of 21.44 and 33.05 kg halibut/
mt of groundfish, respectively. Observer data collected from the 1999
GOA ``other trawl'' fishery show first and second quarter halibut
bycatch rates of 32.48 and 58.87 kg halibut/mt of groundfish,
respectively.
With the exception of the BSAI and GOA second quarter ``other
trawl'' fisheries, the average bycatch rates experienced by vessels
participating in the GOA and BSAI ``other trawl'' fisheries have been
lower than the Council's recommended bycatch rate standards for these
fisheries. The Council determined that its recommended halibut bycatch
rate standards for the ``other trawl'' fisheries, including the second
quarter BSAI and GOA fisheries, would continue to provide an incentive
to vessel operators to avoid unusually high halibut bycatch rates while
participating in these fisheries and contribute towards an overall
reduction in halibut bycatch rates experienced in the Alaska trawl
fisheries.
Furthermore, these standards would provide some leniency to those
vessel operators who choose to use large mesh trawl gear or other
device as a means to reduce groundfish discard amounts. The bycatch
rates of halibut and crab could increase for those vessels using large
mesh sizes, but the Council recommended maintaining the current bycatch
rate standards for the ``other trawl'' fisheries until data become
available that could provide a basis for bycatch rate standards for
vessels using large mesh trawl gear.
Bycatch Rate Standards for Red King Crab
For the BSAI yellowfin sole and ``other trawl'' fisheries in Zone 1
of the Bering Sea subarea, the Council's recommended red king crab
bycatch rate standard is 2.5 crab/mt of groundfish. This standard is
unchanged since 1992. The red king crab bycatch rates experienced by
the yellowfin sole fishery in Zone 1 during the first and second
quarters of 1999 averaged 0.04 and 0.03 crab/mt of groundfish,
respectively. The average bycatch rates of red king crab experienced in
the ``other trawl'' fishery during the first and second quarter of 1999
were 0.13 and 0.05 crab/mt groundfish, respectively. The low 1999 red
king crab bycatch rates primarily were due to trawl closures in Zone 1
that were implemented to reduce red king crab bycatch.
For the period January through October 1999, the total bycatch of
red king crab by trawl vessels fishing in Zone 1 is estimated at 98,000
crab, considerably less than the 200,000 red king crab bycatch limit
established for the trawl fisheries in Zone 1. NMFS anticipates that
the 2000 red king crab bycatch in Zone 1 will be similar to 1999
because the crab bycatch reduction measures and the bycatch limit of
200,000 crab will remain the same.
In spite of anticipated 2000 red king crab bycatch rates being
significantly lower than 2.5 red king crab/mt of groundfish, the
Council recommended the red king crab bycatch rate standards be
maintained at this level to avoid unusually high crab bycatch rates
while providing some leniency to those vessel operators that choose to
use large mesh trawl gear as a means to reduce groundfish discard
amounts.
The Regional Administrator has determined that Council
recommendations for bycatch rate standards are appropriately based on
the information and considerations necessary for such determinations
under Sec. 679.21(f). Therefore, the Regional Administrator concurs in
the Council's determinations and recommendations for halibut and red
king crab bycatch rate standards for the first half of 2000 as set
forth in Table 1 to this part. These bycatch rate standards may be
revised and published in the Federal Register when deemed appropriate
by the Regional Administrator pending his consideration of the
information set forth at Sec. 679.21(f)(4).
As required in regulations at Secs. 679.2 and 679.21(f)(5), the
2000 fishing months are specified as the following periods for purposes
of calculating vessel bycatch rates under the incentive program:
Month 1: January 1 through January 29;
Month 2: January 30 through February 26;
Month 3: February 27 through April 1;
Month 4: April 2 through May 6;
Month 5: May 7 through June 3;
Month 6: June 4 through July 1;
Month 7: July 2 through July 29;
Month 8: July 30 through September 2;
Month 9: September 3 through September 30;
Month 10: October 1 through October 28;
Month 11: October 29 through December 2; and
Month 12: December 3 through December 31.
Classification
This action is taken under 50 CFR 679.21(f) and is exempt from OMB
review under Executive Order 12866.
Authority: 16 U.S.C. 773 et seq., 1801 et seq. and 3631 et seq.
Dated: December 21, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-33633 Filed 12-27-99; 8:45 am]
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