[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32020]
[[Page Unknown]]
[Federal Register: December 29, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 672 and 675
[Docket No. 941253-4353; I.D. 120594A]
RIN 0648-AG95
Groundfish of the Gulf of Alaska; Groundfish Fishery of the
Bering Sea and Aleutian Islands Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; proposed 1995 specification of Pacific halibut
bycatch allowances; request for comments.
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SUMMARY: NMFS proposes regulations to revise the management of seasonal
Pacific halibut bycatch allowances annually specified for nontrawl
fisheries in the Bering Sea and Aleutian Islands management area
(BSAI). This proposed rule also would provide the authority to
determine annually whether to apportion a halibut bycatch allowance to
the BSAI jig gear fishery or the BSAI or Gulf of Alaska (GOA) hook-and-
line gear fisheries for sablefish, or to exempt these fisheries from
halibut bycatch restrictions. In order not to delay the promulgation of
timely specifications for the 1995 fishing year that would be
consistent with the adoption of the proposed regulations, this notice
proposes halibut bycatch allowances for the 1995 GOA hook-and-line gear
fisheries and the 1995 BSAI nontrawl fisheries, seasonal apportionments
thereof, and the manner in which these seasonal apportionments would be
managed, all under these proposed regulations. This action is necessary
to manage halibut bycatch allowances consistent with the intent of
seasonal apportionments of groundfish total allowable catch (TAC)
amounts, prevent preemption of the BSAI jig gear fisheries by the
attainment of halibut bycatch allowances apportioned to other nontrawl
fisheries, and support the implementation of the sablefish/halibut
individual fishing quota (IFQ) program. This action is intended to
promote management and conservation of groundfish and other fish
resources and to further the objectives contained in the fishery
management plans for Alaska groundfish fisheries.
DATES: Comments must be received by January 30, 1995.
ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, National Marine Fisheries Service,
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel. Copies of the
environmental assessment/regulatory impact review may be obtained from
the same address.
FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Fishing for groundfish by vessels in the exclusive economic zone of
the GOA and BSAI is managed by NMFS according to the Fishery Management
Plan (FMP) for Groundfish of the Gulf of Alaska and the FMP for the
Groundfish Fishery of the Bering Sea and Aleutian Islands Area. The
FMPs were prepared by the North Pacific Fishery Management Council
(Council) under the Magnuson Fishery Conservation and Management Act
and are implemented by regulations governing the U.S. groundfish
fisheries at 50 CFR parts 620, 672, 675, and 676.
Regulations for the management of prohibited species bycatch limits
established for the BSAI groundfish fisheries are set out at
Sec. 675.21. These regulations authorize NMFS, after consultation with
the Council, to apportion the halibut bycatch limit established for
BSAI nontrawl (hook-and-line, pot, and jig) gear fisheries among the
hook-and-line gear fishery for Pacific cod, the groundfish pot gear
fishery, and the other nontrawl fisheries. These fishery bycatch
allowances may be seasonally apportioned. Any unused seasonal
apportionment of a fishery-bycatch allowance must be added to the
fishery's next seasonal apportionment during the same year. Similarly,
if a seasonal apportionment of a fishery bycatch allowance is exceeded,
the amount by which the seasonal apportionment is exceeded must be
deducted from the fishery's next seasonal apportionment during the same
year.
Regulations for the management of halibut bycatch limits
established for the GOA groundfish fisheries are set out at
Sec. 672.20(f). These regulations authorize the annual specification of
a halibut bycatch limit for the GOA hook-and-line gear fisheries that
may be apportioned between the demersal shelf rockfish (DSR) fishery in
the Southeast Outside District of the Eastern Regulatory Area and all
other GOA hook-and-line gear fisheries.
Representatives for the BSAI nontrawl groundfish fisheries have
identified two concerns with regulations addressing the management of
the halibut bycatch limit established for these fisheries. First, the
BSAI jig gear fishery currently shares a halibut bycatch allowance with
all other BSAI hook-and-line fisheries, except Pacific cod. Therefore,
the potential exists for halibut bycatch mortality in the Greenland
turbot or sablefish hook-and-line fisheries to require closure of the
jig gear fishery if the halibut bycatch allowance is reached. This
event could prevent vessels using jig gear from harvesting the amount
of Pacific cod allocated to these vessels. Regulations at
Sec. 675.20(a)(2)(iv) currently require that 2 percent of the BSAI
Pacific cod TAC be allocated annually to vessels using this gear type.
A second problem identified with current regulations is that the
management of the seasonal apportionments of the halibut bycatch
allowance annually specified for the BSAI Pacific cod hook-and-line
gear fishery is not consistent with the management of the seasonal
apportionments of the amount of the Pacific cod TAC allocated to
vessels using hook-and-line or pot gear under Sec. 675.20(a)(2)(iv).
For example, the amount of BSAI Pacific cod apportioned to the 1994
summer hook-and-line or pot gear fishery for Pacific cod was reduced,
relative to the winter and fall seasons, to limit fishing effort by
hook-and-line gear vessels and avoid high halibut bycatch rates that
are experienced in the summer fishery (59 FR 4009, January 28, 1994).
The summer apportionment of the halibut bycatch allowance specified for
the 1994 hook-and-line Pacific cod fishery also was reduced to limit
fishing effort during summer months (59 FR 7656, February 16, 1994).
Under current regulations, any unused portion of the first (winter)
season's apportionment of the halibut bycatch allowance is available
for catch during summer. As a result, the hook-and-line effort for BSAI
Pacific cod could increase beyond what was intended, the summer
apportionment of the Pacific cod TAC would be reached more quickly by
vessels fishing with hook-and-line gear, vessels fishing with pot gear
would be preempted from fishing for Pacific cod during summer months,
and overall halibut bycatch mortality would increase due to increased
fishing effort in summer months by vessels using hook-and-line gear.
A third concern raised by management agencies and industry
representatives is that current regulations impose halibut bycatch
restrictions on the GOA and BSAI hook-and-line gear fisheries for
sablefish. These restrictions could prevent achievement of an important
goal of the sablefish/halibut IFQ program--reduced competition within
the fleet and a slower paced fishery, with reduced bycatch of
undersized fish or prohibited species. A final rule implementing the
IFQ program was published in the Federal Register November 9, 1993 (58
FR 59375).
The first sablefish/halibut IFQ fisheries are scheduled to open
during spring 1995. Although bycatch of halibut in the sablefish hook-
and-line fishery will continue under the IFQ program, overall halibut
discard mortality is expected to decrease for two reasons. First,
operators of vessels with halibut quota shareholders onboard must
retain all legal-sized halibut. Second, persons issued sablefish quota
share are anticipated to fish in a manner that would optimize revenue
for a given amount of quota share. This would mean fishing in prime
sablefish fishing grounds at depths where halibut, though uncommon, are
predominantly of legal size. Under current halibut bycatch
restrictions, sablefish IFQ fishermen likely would continue to
participate in a fast paced fishery with attendant high halibut bycatch
rates in an attempt to harvest their sablefish IFQ before the hook-and-
line fishery for sablefish is closed due to halibut bycatch.
At its April and September 1994 meetings, the Council responded to
two of the above concerns by requesting NMFS to prepare a rulemaking
that would: (1) Revise the management of seasonal bycatch allowances in
the BSAI nontrawl fisheries, and (2) either exempt the GOA and BSAI
sablefish hook-and-line gear fisheries from halibut bycatch
restrictions or specify a separate halibut bycatch allowance for those
fisheries during the annual groundfish specification process.
NMFS proposes to respond to the Council's recommendation and to the
concern about preemption of the BSAI jig gear fishery by implementing
the following two management measures:
1. Separately define the BSAI groundfish jig gear fishery and the
BSAI sablefish hook-and-line gear fishery under Sec. 675.21(b)(2)(ii)
and the GOA sablefish hook-and-line gear fishery under
Sec. 672.20(f)(1)(ii) so that these fisheries annually either receive a
separate halibut bycatch allowance or are exempted from halibut bycatch
restrictions. These determinations would be implemented by NMFS, after
consultation with the Council, as part of the annual specification
process set out at Secs. 672.20(c) and 675.20(a)(7).
2. Authorize NMFS, after consultation with the Council, to specify
annually how seasonal bycatch allowances established for the BSAI
nontrawl fisheries would be reapportioned among remaining seasons
during the same fishing year.
Proposed 1995 Specifications of the Pacific Halibut Bycatch Mortality
Limit Established for the BSAI Nontrawl Fisheries
To implement the measures proposed under this action, proposed 1995
halibut bycatch allowances for the GOA hook-and line gear fisheries and
the BSAI nontrawl fisheries, seasonal apportionments thereof, and the
manner in which these seasonal apportionments will be managed must be
published in the Federal Register for public review and comment.
Normally, annual bycatch management specifications are established
through the annual groundfish specification process undertaken by NMFS
and the Council during the September and December Council meetings each
year (Secs. 672.20(c), 672.20(f)(1), 675.20(a)(2), and 675.21(b)(3)).
This proposed action to revise the management of the GOA hook-and-line
and BSAI nontrawl halibut bycatch limits, if approved, likely will not
be effective until early in 1995. In order not to delay the
promulgation of timely specifications for the 1995 fishing year that
would be consistent with the adoption of the proposed regulations, this
notice proposes a 1995 halibut bycatch limit and fishery bycatch
allowances for the GOA hook-and-line gear fisheries and the 1995
fishery bycatch allowances for the BSAI nontrawl fisheries, seasonal
apportionments thereof, and the manner in which these seasonal
apportionments would be managed, all under these proposed regulations.
These specifications were recommended by the Council during its
September 1994 meeting, and are set out in Tables 1 and 2.
The Council recommended that the 1995 GOA and BSAI sablefish hook-
and-line gear fisheries be exempt from halibut bycatch restrictions.
The Council further recommended that the halibut bycatch mortality
limit for the 1995 GOA hook-and-line gear fisheries be set at 300
metric tons (mt). During 1994, the hook-and-line gear fisheries for
Pacific cod and rockfish accounted for about 150 mt of halibut bycatch
mortality. The mortality limit of 300 mt was recommended for 1995 to
accommodate increased bycatch needs that are anticipated in the Pacific
cod fishery, because of an increase in the proposed Pacific cod TAC
from 50,400 mt in 1994 to 103,000 mt in 1995. Although the Council did
not make a recommendation for the apportionment of the proposed 300-mt
bycatch limit between the DSR fishery in the Southeast Outside District
of the Eastern Regulatory Area and the other GOA hook-and-line gear
fisheries, NMFS assumes the Council intended to propose a 10-mt halibut
bycatch allowance for the DSR fishery. This apportionment has been
specified for the DSR fishery since 1993. The remaining 290 mt of the
GOA halibut bycatch limit is apportioned seasonally to support the
Pacific cod and rockfish fisheries. These seasonal apportionments are
set out in Table 1 and are based on the seasonal distribution of
fishing effort and anticipated halibut bycatch needs.
Table 2 sets out the proposed BSAI nontrawl fishery bycatch
allowances and the Council's intent to exempt the BSAI sablefish hook-
and-line gear fishery from halibut bycatch restrictions in 1995. NMFS
notes that separate halibut bycatch allowances may be established for
the GOA and BSAI sablefish hook-and-line gear fisheries in future years
under the annual specification process if halibut discard mortality in
these fisheries is not reduced in the manner anticipated under the IFQ
program.
Table 1.--Proposed 1995 Pacific Halibut Bycatch Limit, Bycatch
Allowances, and Seasonal Apportionments thereof, for the GOA Hook-and-
line (H&L) Gear Fisheries
------------------------------------------------------------------------
Halibut bycatch mortality
Fishery allowance
------------------------------------------------------------------------
Demersal shelf rockfish..................... 10 mt.
Sablefish................................... exempt.
Other H&L gear fisheries....................
Jan. 1-May 17............................... 77 mt or 26.7 percent.
May 18-Aug. 31.............................. 194 mt or 66.7 percent.
Sep. 1-Dec. 31.............................. 19 mt or 6.7 percent.
Total 1995 bycatch allowance specified 290 mt.
for other H&L fisheries.
Grand total............................. 300 mt.
------------------------------------------------------------------------
Table 2.--Proposed 1995 Pacific Halibut Bycatch Allowances, and Seasonal
Apportionments thereof, for the BSAI Nontrawl Fisheries.
------------------------------------------------------------------------
Halibut bycatch mortality
Fishery allowance
------------------------------------------------------------------------
Pacific cod hook-and-line\1\................
Jan. 1-Apr. 30............................ 685 mt.
May 1-Aug. 31............................. 40 mt.
Sep. 1-Dec. 31............................ remainder.
Total................................... 725 mt.
Sablefish hook-and-line................... exempt.
Jig gear.................................. exempt.
Other nontrawl............................ 175 mt.
Groundfish pot gear....................... exempt.
Grand Total............................. 900 mt.
------------------------------------------------------------------------
\1\ Any unused portion of the first season's halibut bycatch allowance
specified for the Pacific cod hook-and-line gear fishery would be
reapportioned to the third seasonal allowance. Any overage of a
seasonal bycatch allowance specified for this fishery would be
deducted from the remaining seasonal bycatch allowances specified for
1995 in amounts proportional to these remaining seasonal bycatch
allowances.
Public comment and testimony on proposed management of the GOA and
BSAI halibut bycatch mortality limit during 1995 was reviewed by the
Council during its December 1994 meeting. The Council recommended final
halibut bycatch allowances for the GOA hook-and-line gear fisheries and
the BSAI nontrawl fisheries, seasonal apportionments thereof, and the
manner in which these seasonal apportionments are managed during the
December meeting that, pending approval by NMFS, would be published
with the final rule implementing this proposed action.
Classification
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Small Business Administration
that this proposed rule, if adopted, would not have a significant
economic impact on a substantial number of small entities. Although the
proposed rule could affect nearly all participants in the BSAI nontrawl
fisheries and the GOA hook-and-line sablefish fishery, it would not
decrease revenues by more than 5 percent. Thus, while a substantial
number of small entities would be affected, the effect is not expected
to be economically significant.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Parts 672 and 675
Fisheries, Reporting and recordkeeping requirements.
Dated: December 21, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 672 and 675
are proposed to be amended as follows:
PART 672--GROUNDFISH OF THE GULF OF ALASKA
1. The authority citation for part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 672.20, paragraphs (f)(1)(ii) and (f)(3)(ii) are revised
to read as follows:
Sec. 672.20 General limitations.
* * * * *
(f) * * *
(1) * * *
(ii) Hook-and-line and pot gear fisheries. (A) After consultation
with the Council, NMFS will publish notification in the Federal
Register specifying the proposed and final halibut PSC limits for
vessels using hook-and-line gear. The notification also may specify a
halibut PSC limit for the pot gear fisheries. The halibut PSC limit
specified for vessels using hook-and-line gear may be further
apportioned, as bycatch allowances, to the fishery categories listed in
paragraph (f)(1)(ii)(B) of this section, based on each category's
proportional share of the anticipated halibut bycatch mortality during
a fishing year and the need to optimize the amount of total groundfish
harvest under the halibut PSC limit. The sum of all bycatch allowances
will equal the halibut PSC limit established under this paragraph
(f)(1)(ii).
(B) For purposes of apportioning the hook-and-line halibut PSC
limit among fisheries, the following fishery categories are specified
and defined in terms of round-weight equivalents of those groundfish
species for which a TAC has been specified under paragraphs (a) and (c)
of this section:
(1) Demersal shelf rockfish in the Southeast Outside District.
Fishing with hook-and-line gear in the Southeast Outside District of
the Eastern Regulatory Area of the Gulf of Alaska during any weekly
reporting period that results in a retained catch of demersal shelf
rockfish that is greater than the retained amount of any other fishery
category defined under this paragraph (f)(1)(ii)(B).
(2) Sablefish fishery. Fishing with hook-and-line gear during any
weekly reporting period that results in a retained catch of sablefish
that is greater than the retained amount of any other fishery category
defined under this paragraph (f)(1)(ii)(B).
(3) Other hook-and-line gear fishery. Fishing with hook-and-line
gear during any weekly reporting period that results in a retained
catch of groundfish and is not a demersal shelf rockfish fishery or a
sablefish fishery as defined under paragraphs (f)(1)(ii)(B)(1) and (2)
of this section.
* * * * *
(3) * * *
(ii) Hook-and-line fisheries. If, during the fishing year, the
Regional Director determines that U.S. fishing vessels participating in
any of the three hook-and-line gear fishery categories listed in
paragraph (f)(1)(ii)(B) of this section will catch the Pacific halibut
bycatch allowance, or apportionments thereof, specified for that
fishery category under paragraph (f)(1) of this section, NMFS will
publish notification in the Federal Register closing the entire Gulf of
Alaska or the applicable regulatory area or district to directed
fishing with hook-and-line gear for each species and/or species group
that comprises that fishing category.
* * * * *
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
3. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 675.21, paragraph (b)(2)(ii)(B) and (C) are redesignated
as paragraphs (b)(2)(ii)(D) and (E) respectively; paragraphs (b)(3)(ii)
and (b)(3)(iii) are redesignated as paragraphs (b)(3)(ii)(A) and
(b)(3)(ii)(B), respectively; newly redesignated paragraph (b)(2)(ii)(E)
and paragraphs (b)(4) and (d) are revised; and new paragraphs
(b)(2)(ii)(B), (b)(2)(ii)(C), (b)(3)(ii) heading, and (b)(3)(iii) are
added to read as follows:
Sec. 675.21 Prohibited species catch (PSC) limitations.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(B) Sablefish hook-and-line fishery. Fishing with hook-and-line
gear during any weekly reporting period that results in a retained
catch of sablefish that is greater than the retained amount of any
other groundfish species.
(C) Groundfish jig gear fishery. Fishing with jig gear during any
weekly reporting period that results in a retained catch of groundfish.
* * * * *
(E) Other nontrawl fisheries. Fishing for groundfish with nontrawl
gear during any weekly reporting period that results in a retained
catch of groundfish and does not qualify as a Pacific cod hook-and-line
fishery, a sablefish hook-and-line fishery, a groundfish jig gear
fishery, or a groundfish pot gear fishery as defined under this
paragraph (b)(2)(ii).
(3) * * *
(ii) Management of seasonal trawl fishery bycatch allowances.
* * * * *
(iii) Management of seasonal nontrawl fishery bycatch allowances.
(A) Any unused portion of a seasonal fishery bycatch allowance made
under paragraph (b)(3)(i) of this section will be reapportioned to the
fishery's remaining seasonal bycatch allowances during a current
fishing year in a manner determined by NMFS, after consultation with
the Council, based on the types of information listed under paragraph
(b)(3)(i) of this section.
(B) If a seasonal apportionment of a fishery bycatch allowance made
under paragraph (b)(3)(i) of this section is exceeded, the amount by
which the seasonal apportionment is exceeded will be deducted from the
fishery's remaining seasonal bycatch allowances during a current
fishing year in a manner determined by NMFS, after consultation with
the Council, based on the types of information listed under paragraph
(b)(3)(i) of this section.
(4) NMFS will publish annually in the Federal Register the proposed
and final bycatch allowances, seasonal apportionments thereof, and the
manner in which seasonal apportionments of nontrawl fishery bycatch
allowances will be managed, as required under Sec. 675.20(a)(7). Public
comment will be accepted by NMFS on the proposed bycatch allowances,
seasonal apportionments thereof, and the manner in which seasonal
apportionments of nontrawl fishery bycatch allowances will be managed,
for a period of 30 days after publication in the Federal Register.
* * * * *
(d) Attainment of a Pacific halibut nontrawl fishery bycatch
allowance. If, during the fishing year, the Regional Director
determines that U.S. fishing vessels participating in any of the
nontrawl fishery categories listed in paragraphs (b)(2)(ii) (A) through
(E) of this section will catch the Pacific halibut bycatch allowance,
or seasonal apportionment thereof, specified for that fishery category
under paragraph (b) of this section, NMFS will publish in the Federal
Register the closure of the entire Bering Sea and Aleutian Islands
management area to directed fishing with the relevant gear type for
each species and/or species group in that fishery category.
[FR Doc. 94-32020 Filed 12-28-94; 8:45 am]
BILLING CODE 3510-22-P
