[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Proposed Rules]
[Pages 64310-64318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30888]
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DEPARTMENT OF COMMERCE
50 CFR Part 679
[Docket No. 961126334-6334-01; I.D. 111296A]
RIN 0648-xx74
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Proposed 1997 Harvest Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 1997 initial specifications for groundfish;
apportionment of reserves; request for comments.
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SUMMARY: NMFS proposes initial harvest specifications for groundfish
and associated management measures in the Gulf of Alaska (GOA) for the
1997 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 December 30, 1996.
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 1996, is available from the North Pacific
Fishery Management Council, 605 West 4th Ave., Suite 306, Anchorage, AK
99501-2252.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The domestic 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-Stevens Fishery Conservation and Management Act. The FMP is
implemented by regulations at 50 CFR part 679.
This action proposes for the 1997 fishing year: (1) Specifications
of total allowable catch (TAC) for each groundfish target species
category in the GOA, and reserves; (2) apportionments of reserves; (3)
apportionments of the sablefish TAC to vessels using hook-and-line and
trawl gear; (4) apportionments of pollock and Pacific cod TAC; (5)
``other species'' TAC; (6) halibut prohibited species catch (PSC)
limits; and (7) fishery and seasonal allocations of the halibut PSC
limits.
Comments on the proposed 1997 specifications and proposed
apportionments of reserves are invited from the public through December
30, 1996. After again consulting with the Council, NMFS will publish
final specifications for the 1997 fishing year in the Federal Register.
Regulations at Sec. 679.20(c)(2) require that one-fourth of the
preliminary or proposed specifications (not including the reserves and
the first seasonal allowance of pollock), one-fourth of the inshore and
offshore allocations of Pacific cod in each regulatory area, the
proposed first seasonal allowance of pollock, and one-fourth of the
halibut PSC amounts become effective at 0001 hours, Alaska local time
(A.l.t.), January 1, on an interim basis, and remain in effect until
superseded by the final harvest specifications.
NMFS is publishing, in the Rules and Regulations section of this
Federal Register issue, interim TAC specifications and apportionments
thereof for the 1997 fishing year that will become available 0001
hours, A.l.t., January 1, 1997, and remain in effect until superseded
by the final 1997 harvest specifications.
[[Page 64311]]
1. Proposed Establishment of TAC Amounts and Apportionments Thereof
Under Sec. 679.20(c)(1)(i)(A), NMFS, after consultation with the
Council, publishes in the Federal Register proposed specifications of
annual TAC amounts. These proposed specifications indicate
apportionments of TAC amounts for each target species and the ``other
species'' category. The sum of the TAC amounts for all species must
fall within the combined optimum yield (OY) range, of 116,000-800,000
metric tons (mt), established for these species.
The reserves for the GOA (under Sec. 679.20(b)(2)) are 20 percent
of the TAC amounts for pollock, Pacific cod, flatfish target species
categories, and ``other species.'' The GOA groundfish TAC amounts have
been fully utilized by the respective domestic target species
categories since 1987, and NMFS expects the same to occur in 1997.
Therefore, NMFS proposes apportionment of all the reserves to the
respective target species categories.
The Council met from September 18 through 22, 1996, to review
scientific information concerning groundfish stocks. The preliminary
SAFE Report, dated September 1996, prepared and presented to the
Council by the GOA Plan Team (Plan Team), summarizes the best available
scientific information on the status of stocks.
The September 1996 SAFE Report contains updated stock assessments
that mainly include new catch information. The 1996 triennial trawl
survey was conducted this year; however, the results were not available
for the preliminary stock assessments. Survey information should be
available for incorporation into assessments for the final 1996 SAFE
Report issued in November. Details of the assessments can be found in
the September 1996 SAFE Report.
The Council's proposed 1997 acceptable biological catch (ABC)
amounts for Pacific cod, sablefish, rex sole, shortraker/rougheye and
other slope rockfish are reduced from the 1996 ABC levels specified for
these species; whereas the 1997 ABCs for pollock, deepwater flatfish,
flathead sole, shallow water flatfish, arrowtooth, and POP increased
from 1996. The proposed 1997 ABC amounts, as recommended by the
Council, for all other species or species groups are unchanged from the
1996 amounts.
The September 1996 SAFE report contains a separate stock assessment
for arrowtooth flounder, which was previously contained in the
comprehensive flatfish assessment. For Pacific cod a new model
configuration was used that is identical to the Eastern Bering Sea
Pacific cod assessment model and a new age-structured model was used
for sablefish. Although Amendment 44 has yet to be approved by NMFS,
the Plan Team adopted preliminary ABC's based on the new definitions to
(1) compensate for uncertainty in status of stocks by establishing
fishing mortality rates more conservatively as biological parameters
become more imprecise, (2) relate fishing mortality rates directly to
biomass for stocks below target abundance levels, and (3) maintain a
buffer between ABC and the overfishing level. The revised definitions
result in lower exploitation rates and ABC's for some species.
The ABC for Pacific cod, as recommended by the Plan Team, the SSC
and the Council, is 52,000 mt compared to the 1996 ABC of 65,000 mt.
The 1997 ABC is consistent with the ABC amounts anticipated to be
generated under low recruitment levels. Last year the Plan Team
selected an ABC value related to the uncertainty in the current stock
level by choosing the lower 95 percent confidence limit. The data
required to compute the same this year are not yet available. However,
applying the proportional decrease in exploitable biomass between last
year and this year to the 1996 ABC gives a 1997 ABC of 52,000 mt.
The preliminary sablefish stock assessment does not yet include
data from this year's longline survey. This information will be
included for the final assessment in December. However, a new
assessment was done this year for sablefish that is based on an age-
structured model, compared to previous assessments on the delay-
difference equation model. Biomass projections based on the age-
structured model are lower than the projections from the delay-
difference model; however, this was only one factor that resulted in a
lower 1997 ABC (11,620 mt) estimate for sablefish compared to 1996
(17,080 mt). New fishing mortality rates, as derived from the new ABC
and overfishing limit (OFL) definitions, also contributed to the lower
1997 ABC for sablefish.
The POP stock assessment produced a 1997 ABC of 11,780 mt. The
preliminary 1997 OFL for POP is 17,630 mt. These recommendations were
accepted by the SSC and the Council.
No new information exists for Atka mackerel; therefore, the best
available estimate of Atka mackerel abundance in the GOA is from the
1993 survey. From this information, the Plan Team proposed an ABC of
6,480 mt. However, the SSC remains concerned about the lack of
recruitment for this species. Because the species may be particularly
sensitive to fishing pressure and is important as a prey species for
Steller sea lions, the SSC recommended that a conservative exploitation
rate of M/2 (one half of the natural mortality rate) be used to
calculate the ABC, reducing the ABC to 3,240 mt. The Council adopted
the SSC's ABC, which was also the 1996 ABC.
The Plan Team continues to recommend a reorganization of the
pelagic shelf rockfish complex. The proposed 1997 ABC is derived almost
entirely from dusky rockfish catches in the trawl surveys because black
rockfish and other assemblage species are not adequately sampled by
trawls. The Council remains concerned about localized overexploitation
of black rockfish and other nearshore species. As a result, the Council
requested an analysis of options for reorganizing the pelagic shelf
rockfish complex and managing the resultant groups (Amendment 46 to the
FMP). This analysis received initial review by the Council at its
September meeting. Final Council review is scheduled for its December
1996 meeting. Appropriate changes to the 1997 GOA groundfish
specifications would be made pending Council adoption and NMFS approval
of this action.
The total 1997 ABC amount for all species recommended by the SSC
and accepted by the Council is 546,720 mt.
The Advisory Panel (AP) recommended a 1997 TAC amount of 269,945
mt. The AP recommended 1997 TAC amounts equal the 1997 ABC amounts, as
recommended by the SSC, for all species except deep-water flatfish,
shallow-water flatfish, flathead sole, arrowtooth flounder, and POP.
For the flatfish groups, the AP recommended a 1997 TAC that equals the
1996 TAC amount.
In addition, the Council recommended TAC amounts for other slope
rockfish `that equal the 1996 TAC levels, which would support bycatch
needs in other fisheries. However, the 1996 Central Regulatory Area TAC
amount of 1,170 mt exceeds the ABC for that area. Therefore, NMFS
proposes to establish a 1997 TAC for other slope rockfish in the
Central Regulatory Area equal to the 1997 ABC of 960 mt. As a result of
this change to the Council's recommendation, the overall TAC amount and
the ``other species'' TAC amount are reduced to 265,692 mt and 12,652
mt, respectively.
The TAC for POP is established by an algorithm in the POP
Rebuilding Plan and is calculated for 1997 at 8,130 mt. Amendment 38 to
the GOA FMP, which allows flexibility for the Council to
[[Page 64312]]
establish the TAC for POP at the algorithm level in the Rebuilding Plan
or below that level, was approved by the Secretary of Commerce (61 FR
51374; October 2, 1996). During its December 1996 meeting, the Council
may adjust the POP TAC downward for biological or resource conservation
concerns not previously considered in the Rebuilding Plan.
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 ABC amounts as recommended by the SSC.
The Council accepted the TAC amounts as recommended by the AP, except
for the ``other slope rockfish'' for which the above-mentioned
adjustments were made.
The proposed 1997 ABC amounts and TAC amounts, as well as the ABC
and TAC apportionments, are shown in Table 1.
Table 1--Proposed 1997 ABC amounts and Proposed TAC amounts 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\,
\2\
------------------------------------------------------------------------
Species Area ABC TAC
------------------------------------------------------------------------
(1)(mt)
-------------------------
Pollock: \3\
W (61)....... 36,300 36,300
C (62)....... 18,300 18,300
C (63)....... 19,500 19,500
-------------------------
Subtotal............. W/C.......... *74,100 *74,100
E............ *4,010 *4,010
=========================
Total.................... ............. 78,110 78,110
Pacific cod: \4\
Inshore...................... W............ ........... 13,570
Offshore..................... W............ ........... 1,510
Inshore...................... C............ ........... 30,890
Offshore..................... C............ ........... 3,430
Inshore...................... E............ ........... 2,340
Offshore..................... E............ ........... 260
-------------------------
Subtotal................. W............ 15,080 *15,080
C............ 34,320 *34,320
E............ 2,600 *2,600
========================================
Total.................... ............. 52,000 52,000
Flatfish, Deep-water: \5\
W............ 1,020 460
C............ 12,380 7,500
E............ 8,760 3,120
-------------------------
Total.................... ............. 22,160 11,080
Rex sole:
W............ 1,080 1,080
C............ 5,640 5,640
E............ 2,250 2,250
-------------------------
Total.................... ............. 8,970 8,970
Flathead sole:
W............ 9,790 2,000
C............ 18,940 5,000
E............ 3,020 2,740
-------------------------
Total.................... ............. 31,750 9,740
Flatfish, Shallow-water \6\
W............ 31,590 4,500
C............ 25,980 12,950
E............ 3,160 1,180
-------------------------
Total.................... ............. 60,730 18,630
Arrowtooth flounder:
W............ 35,390 5,000
C............ 175,250 25,000
E............ 35,150 5,000
-------------------------
Total.................... ............. 245,790 35,000
Sablefish: \7\
W............ 1,500 1,500
C............ 4,690 4,690
WY........... 2,060 2,060
SEO.......... 3,370 3,370
-------------------------
[[Page 64313]]
Total.................... ............. 11,620 11,620
Pacific ocean perch: \8\
W............ 2,130 1,470
C............ 5,640 3,900
E............ 4,010 2,760
-------------------------
Total.................... ............. 11,780 8,130
Shortraker/rougheye: \9\
W............ 160 160
C............ 1,100 1,100
E............ 480 480
-------------------------
Total.................... ............. 1,740 1,740
Rockfish, other slope \10\,
\11\
W............ 150 100
C............ 960 960
E............ 4,750 750
-------------------------
Total.................... ............. 5,860 1,810
Rockfish, northern \12\
W............ 640 640
C............ 4,610 4,610
E............ 20 20
-------------------------
Total.................... ............. 5,270 5,270
Rockfish, pelagic shelf \13\
W............ 910 910
C............ 3,200 3,200
E............ 1,080 1,080
-------------------------
Total.................... ............. 5,190 5,190
Demersal shelf rockfish \14\... SEO.......... 950 950
Thornyhead rockfish............ GW........... 1,560 1,560
Atka mackerel:
W............ 2,310 2,310
C............ 925 925
E............ 5 5
-------------------------
Total.................... ............. 3,240 3,240
Other species \15\............. ........... NA \16\ 12,652
-------------------------
GOA Total................ ............. 546,720\17\ 265,692
------------------------------------------------------------------------
* Amounts are subtotals and are not cumulative.
\1\ See Sec. 679.2 for definitions of regulatory area and statistical
area. See Figure 3b to part 679 for a description of regulatory
district.
\2\ Reserves are proposed to be apportioned to target species and are
reflected in the proposed TAC amounts.
\3\ Pollock is apportioned to three statistical areas in the combined
Western/Central Regulatory Area (Table 3), each of which is further
divided into three seasonal allowances. In the Eastern Regulatory
Area, pollock is not divided into seasonal allowances.
\4\ Pacific cod is allocated 90 percent to the inshore, and 10 percent
to the offshore component. Component allowances are shown in Table 4.
\5\ ``Deep-water flatfish'' means Dover sole and Greenland turbot.
\6\ ``Shallow water flatfish'' means flatfish not including ``deep-water
flatfish,'' flathead sole, rex sole, or arrowtooth flounder.
\7\ Sablefish is allocated to trawl and hook-and-line gears (Table 2).
\8\ ``Pacific ocean perch'' means Sebastes alutus.
\9\ ``Shortraker/rougheye rockfish'' means Sebastes borealis
(shortraker) and S. aleutianus (rougheye).
\10\ ``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.
\11\ ``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).
\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\ ``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).
\15\ ``Other species'' includes sculpins, sharks, skates, eulachon,
smelts, capelin, squid, and octopus. The TAC for ``other species''
equals 5 percent of the TAC amounts of target species.
\16\ NA=not applicable.
\17\ The total ABC reflects the sum of the ABC amounts for target
species.
[[Page 64314]]
2. Proposed Apportionment of Reserves
Regulations implementing the FMP establish initial reserves of 20
percent of each TAC for pollock, Pacific cod, flatfish species, and the
``other species'' category (Sec. 679.20(b)(2)). Consistent with
Sec. 679.20(b)(2), NMFS is proposing to apportion the 1997 reserves to
each of the four species categories. Specifications of TAC shown in
Table 1 reflect apportioned reserves.
3. Proposed Apportionment of the Sablefish TAC Amounts to Users of
Hook-and-Line and Trawl Gear
Under Sec. 679.20(a)(4) (i) and (ii), sablefish TAC amounts 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 amounts is allocated to vessels using hook-and-line
gear and 20 percent is allocated to vessels using trawl gear. In the
Eastern Regulatory Area, 95 percent of the TAC is assigned to vessels
using hook-and-line gear and 5 percent is assigned to vessels using
trawl gear. The trawl gear allocation in the Eastern Regulatory Area
may only be used as bycatch to support directed fisheries for other
trawl 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 1997
sablefish TAC amounts between vessels using hook-and-line and trawl
gears.
Table 2.--Proposed 1997 Sablefish TAC Specifications in the Gulf of
Alaska and Assignments Thereof to Hook-and-Line and Trawl Gear
------------------------------------------------------------------------
Hook-and-
Area/District TAC line share Trawl share
------------------------------------------------------------------------
(2) (mt)
--------------------------------------
Western.......................... 1,500 1,200 300
Central.......................... 4,690 3,750 940
Eastern.......................... ........... ........... ...........
West Yakutat................... 2,060 1,960 100
Southeast Outside.............. 3,370 3,200 170
--------------------------------------
Total...................... 11,620 10,110 1,510
------------------------------------------------------------------------
4. Proposed Apportionments of Pollock and Pacific Cod TAC Amounts
In the GOA, pollock is apportioned by area and season. Regulations
at Sec. 679.20(a)(5)(ii)(A) require that the TAC for pollock in the
combined Western/Central (W/C) Regulatory Areas be apportioned among
statistical areas Shumagin (610), Chirikof (620), and Kodiak (630) 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. Under regulations at
Sec. 679.20(a)(5)(ii)(B) the pollock TAC for the W/C Regulatory Areas
is apportioned into three seasonal allowances of 25, 25 and 50 percent,
respectively. As established under Sec. 679.23(d)(2), the first, second
and third seasonal allowances of the W/C Regulatory Area pollock TAC
amounts are available on January 1, June 1, and September 1,
respectively. Within any fishing year, any unharvested amount of any
seasonal allowance of pollock TAC is added in equal proportions to all
subsequent seasonal allowances, resulting in a sum for each allowance
not to exceed 150 percent of the initial seasonal allowance. Similarly,
harvests in excess of a seasonal allowance of TAC are deducted in equal
proportions from the remaining seasonal allowances of that fishing
year. The Eastern Regulatory Area proposed TAC of 4,010 mt is not
allocated among smaller areas, or seasonally.
Regulations at Sec. 679.20(a)(6)(ii) require the allocation of the
pollock apportionment in all regulatory areas and for all seasonal
allowances to the inshore and offshore components as defined at
Sec. 679.2. Similarly regulations at Sec. 679.20(a)(6)(iii) require
allocation of the Pacific cod apportionment in all regulatory areas to
the inshore and offshore components. The inshore component would be
allocated 100 percent of the pollock TAC in each regulatory area after
subtraction of amounts that are determined by the Administrator, Alaska
Region, NMFS (Regional Administrator) as 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 Regulatory Areas is shown in Table
3, except that the allocation to the inshore and offshore components
are not shown.
The inshore component for Pacific cod would be allocated 90 percent
of the TAC in each regulatory area. Inshore and offshore component
allocations of the proposed 52,000 mt TAC for each regulatory area are
shown in Table 4.
[[Page 64315]]
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 Seasonal Allowances. ABC for the W/C GOA is proposed to
be 74,100 Metric Tons (mt). Biomass Distribution is based on 1993 Survey Data. TAC Amounts are Equal to ABC.
Inshore and Offshore Allocations of Pollock are Not Shown.
----------------------------------------------------------------------------------------------------------------
Seasonal allowances
Statistical area Biomass 1997 --------------------------------------
percent ABC=TAC First Second Third
----------------------------------------------------------------------------------------------------------------
(2) (mt)
-----------------------------------------------------------------
Shumagin (61)................................. 49 36,300 9,075 9,075 18,150
Chirikof (62)................................. 24.7 18,300 4,575 4,575 9,150
Kodiak (63)................................... 26.3 19,500 4,875 4,875 9,750
-----------------------------------------------------------------
Total................................... 100 74,100 18,525 18,525 37,050
----------------------------------------------------------------------------------------------------------------
Table 4.--Proposed 1997 Allocation of Pacific Cod in the Gulf of Alaska;
Allocations to Inshore and Offshore Components.
------------------------------------------------------------------------
Component Allocation
-------------------------
Regulatory area TAC Inshore Offshore
(90%) (10%)
------------------------------------------------------------------------
(2) (mt)
--------------------------------------
Western.......................... 15,080 13,570 1,510
Central.......................... 34,320 30,890 3,430
Eastern.......................... 2,600 2,340 260
--------------------------------------
Total...................... 52,000 46,800 5,200
------------------------------------------------------------------------
5. ``Other Species'' TAC
The FMP specifies that amounts for the ``other species'' category
are calculated as 5 percent of the combined TAC amounts for target
species. The GOA-wide ``other species'' TAC is calculated as 12,652 mt,
which is 5 percent of the sum of combined TAC amounts for the target
species.
6. Proposed Halibut PSC Mortality Limits
Under Sec. 679.21(d), 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 meeting, the Council recommended that
NMFS reestablish the PSC limits of 2,000 mt for the trawl fisheries and
300 mt for the hook-and-line fisheries, with 10 mt of the hook-and-line
limit allocated to the demersal shelf rockfish (DSR) fishery in the
Southeast Outside District and the remainder to the other hook-and-line
fisheries.
Regulations at Sec. 679.21(d)(4) authorize exemption of specified
nontrawl fisheries from the halibut PSC limit. As in 1996, the Council
proposes to exempt pot gear and the hook-and-line sablefish fishery
from the nontrawl halibut limit for 1997. The Council proposed these
exemptions because the halibut bycatch mortality experienced in the pot
gear fisheries was low (17 mt in 1996) and because the sablefish and
halibut Individual Fishing Quota (IFQ) program, implemented in 1995,
allows retention of legal-sized halibut in the sablefish fishery.
NMFS preliminarily concurs in the Council's 1997 recommendations
for halibut bycatch limits and seasonal apportionments (Table 5).
Table 5--Proposed 1997 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Gear Hook-and-line Gear
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Dates Amount (mt) (%) ---------------------------------------------------------------------------------------------
Dates Amount (mt) (%) Dates Amount (mt) (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31........................... 600 (30%) Jan 1-May 14.............. 242 (83%)................ Jan 1-Dec 31 10 (100%)
Apr 1-Jun 30........................... 400 (20%) May 15-Aug 31............. 29 (10%).................
Jul 1-Sep 30........................... 600 (30%) Sep 1-Dec 31.............. 19 (6.5%)................
Oct 1-Dec 31........................... 400 (20%)
----------------------------------------------------------------------------------------------------------------
Total............................ 2,000 (100%) .......................... 290 (100%)............... ................. 10 (100%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulations at Sec. 679.21(d)(3)(iii) authorize the apportionment
of the trawl halibut PSC limit to a deep-water species fishery
(comprised of sablefish, rockfish, deep-water flatfish, rex sole and
arrowtooth flounder) and a shallow-water species fishery (comprised of
pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel,
[[Page 64316]]
and ``other species''). The proposed apportionment for these two
fishery complexes is presented in Table 6 and is unchanged from 1996.
Table 6.--Proposed 1997 Apportionment of Pacific Halibut PSC Trawl
Limits Between the Deep-water Species Fishery and the Shallow-water
Species Fishery
------------------------------------------------------------------------
Shallow-
Season water Deep-water Total
------------------------------------------------------------------------
(mt)
------------------------------------------------------------------------
Jan. 20-Mar. 31.................. 500 100 600
Apr. 1-Jun. 30................... 100 300 400
Jul. 1-Sep. 30................... 200 400 600
Oct. 1-Dec. 31...................
(2)No apportionment between
shallow and deep for the 4th
quarter.
------------------------------------------------------------------------
Some changes may be made by the Council or NMFS in the seasonal,
gear type and fishing-complex apportionments of halibut PSC limits for
the final 1997 harvest specifications. NMFS considers the following
types of information in setting halibut PSC limits as presented by, and
summarized from, the preliminary 1996 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 during 1996 by observers. The calculated
halibut bycatch mortality by trawl, hook-and-line, and pot gear through
September 21, 1996, is 1,611 mt, 164 mt, and 17 mt, respectively, for a
total halibut mortality of 1,792 mt.
Halibut bycatch restrictions seasonally constrained trawl gear
fisheries during the first, second, and third quarters of the 1996
fishing year and are anticipated to constrain trawl gear fisheries
during the fourth quarter. Trawling for the deep-water fishery complex
was closed during the first quarter on March 21 (61 FR 13462; March 27,
1996), for the second quarter on April 15 (61 FR 17256; April 19, 1996)
and for the third quarter on August 7 (61 FR 41523, August 9, 1996).
The shallow-water fishery complex was closed in the second quarter on
May 13 (61 FR 24729, May 16, 1996) and in the third quarter on August 5
(61 FR 41363, August 8, 1996). The amount of groundfish that might have
been harvested if halibut had not been seasonally limiting in 1996 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 1996 meeting, the Council recommended 1997 ABC
amounts lower than 1996 ABC amounts for Pacific cod, rex sole,
sablefish, shortraker/rougheye and other slope rockfish. The Council
proposed a 1997 ABC higher than the 1996 ABC for pollock, deepwater
flatfish, flathead sole, shallow water flatfish, arrowtooth flounder,
and POP.
The proposed 1997 ABC amounts for the remaining species or species
groups are unchanged from 1996 amounts. More information on these
proposed changes is included in the preliminary SAFE Report, dated
September 1996, and in the AP, SSC, and Council minutes from the
September 1996 meeting.
(C) Expected Changes in Groundfish Catch
The total of the proposed 1997 TAC amounts for the GOA is 265,692
mt, which represents 102 percent of the sum of TAC amounts for 1996
(260,227 mt). Significant changes in TAC amounts for pollock, Pacific
cod, sablefish and POP are proposed. Increases in TAC are proposed for
pollock and POP and decreases in TAC are proposed for Pacific cod and
sablefish. The proposed increases in TAC should not directly affect
halibut bycatch.
(D) Current Estimates of Halibut Biomass and Stock Condition
No new information exists on halibut biomass and stock condition.
New information may be available by the December Council meeting. The
most recent stock assessment was conduced in 1995 by the International
Pacific Halibut Commission (IPHC). That assessment indicates that the
total exploitable biomass of Pacific halibut in the GOA is
approximately 166.9 million lb (75,705 mt). This amount represents a
decline in biomass of approximately 16 percent from the previous year's
stock assessment, a rate that is higher than the 5-15 percent annual
decline observed in previous years. The low recruitment of recent years
indicates that the stock may continue its decline at a rate of about
10-15 percent per year over the next several years.
(E) Potential Impacts of Expected Fishing for Groundfish on Halibut
Stocks and U.S. Halibut Fisheries
The allowable commercial catch of halibut will be adjusted to
account for the overall halibut PSC mortality limit established for
groundfish fisheries. The 1997 groundfish fisheries are expected to use
the entire proposed halibut PSC limit of 2,300 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. Groundfish fishing is not
expected to affect the halibut stocks.
(F) Methods Available for, and Costs of, Reducing Halibut Bycatches in
Groundfish Fisheries
Methods available for reducing halibut bycatch include: (1)
reducing halibut bycatch rates through the Vessel Incentive Program;
(2) modifications to gear; (3) changes in groundfish fishing seasons;
(4) individual transferable quota programs; and (5) time/area closures.
Reductions in groundfish TAC amounts provide no incentive for
fishermen to reduce bycatch rates. Costs that would be imposed on
fishermen as a result of reducing TAC amounts depend on species and
amounts of groundfish foregone.
Trawl vessels carrying observers for purposes of complying with the
observer coverage requirements (50 CFR 679.50) are subject to the
Vessel Incentive Program. The program encourages trawl fishermen to
avoid
[[Page 64317]]
high halibut bycatch rates while conducting groundfish fisheries by
specifying bycatch rate standards for various target fisheries.
Current regulations (Sec. 679.24(b)(1)(ii)) require groundfish pots
to have halibut exclusion devices to reduce halibut bycatch. Resulting
low bycatch and mortality rates of halibut in pot fisheries have
justified exempting pot gear from PSC limits.
The 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 (Sec. 679.2, see Authorized gear) and performance of the
trawl gear in terms of crab bycatch (Sec. 679.7(b)(3)). Furthermore,
all hook-and-line vessel operators are required to employ careful
release measures when handling halibut bycatch (Sec. 679.7(b)(2)). 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.
The sablefish/halibut IFQ program (implemented in 1995) was
intended, in part, to reduce the halibut discard mortality in the
sablefish fishery.
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 300 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 the Vessel Incentive Program, required modifications to
gear, and implementation of the halibut IFQ program are intended to
reduce adverse impacts on halibut fishermen while promoting the
opportunity to achieve the OY from the groundfish fishery.
7. Proposed Seasonal Apportionments of the Halibut PSC Limits
Under Sec. 679.21(d)(5), NMFS proposes to apportion seasonally the
halibut PSC limits after consulting the Council. The regulations
require that NMFS base any seasonal allocations of halibut PSC on the
following types of information: (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 variations in bycatch rates
throughout the year, (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 1997 fishing year as those in effect during the 1996 fishing
year. The final 1996 initial groundfish and PSC specifications (61 FR
4304, February 5, 1996) summarized the Council's 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 1996.
Pacific halibut PSC limits, and seasonal apportionments thereof,
are presented in Table 5. The regulations specify that any overages or
shortfalls in PSC catches will be accounted for in the 1997 season. The
Council did not recommend changes in the seasonal apportionments for
the hook-and-line gear fisheries from those specified in 1996.
The Council proposed that the assumed halibut mortality rates
developed by staff of the IPHC for the 1996 GOA groundfish fisheries be
rolled over for purposes of monitoring halibut bycatch allowances
established for the 1997 groundfish fisheries. The justification for
these mortality rates is discussed in the February 5, 1996, publication
of the 1996 final specifications (61 FR 4304, February 5, 1996). The
proposed mortality rates listed in Table 7 are subject to change after
the Council considers an updated analysis on halibut mortality rates in
the groundfish fisheries that IPHC staff are scheduled to present to
the Council at the Council's December 1996 meeting.
Table 7.--1997 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................................................... 24
Pacific cod................................................. 13
Rockfish.................................................... 19
Trawl:
Midwater pollock............................................ 68
Rockfish.................................................. 58
Shallow-water flatfish.................................... 64
Pacific cod................................................. 57
Deep-water flatfish......................................... 56
Bottom pollock.............................................. 57
Pot:
Pacific cod................................................. 18
------------------------------------------------------------------------
Classification
This action is authorized under 50 CFR 679.20 and is exempt from
review under E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed specification, if
issued as proposed, would not have a significant economic impact on a
substantial number of small entities as follows:
The proposed specifications would establish total allowable
catch (TAC) and acceptable biological catch amounts for the 1997
fishing year. In addition, the proposed specifications would
establish overfishing levels, prohibited species catch allowances,
and seasonal allowances of the pollock TAC.
The proposed 1997 TAC is 265,692 metric tons or 2.1 percent
greater than the 1996 final TAC. The difference reflects increased
abundance of several species based on NMFS biological surveys and
industry catch reports. The number of fixed gear and trawl catcher
vessels expected to be operating as small entities in the Gulf of
Alaska groundfish fishery is 1,541, excluding catcher/processor
vessels. All these small entities will be affected by the harvest
limits established in the 1997 specifications but changes from 1996
are relatively minor and are expected to be shared proportionally
among participants. For this reason, the expected effects would not
likely cause a reduction in gross revenues of more than 5 percent,
increase compliance costs by more than 10 percent, or force small
entities out of business.
The Alaska commercial fishing industry is accustomed to shifting
effort among alternative species and management areas in response to
changes in TAC between years and inseason closures. Such mobility is
necessary to survive in the open access fishery. Therefore, the
annual specification process for Alaska groundfish for 1997 would
not have significant economic impact on a significant number of
small entities.
[[Page 64318]]
A draft environmental assessment (EA) on the allowable harvest
levels set forth in the final 1996 SAFE Report will be available for
public review from NMFS, Alaska Region (see ADDRESSES), and at the
December 1996 Council meeting. After the December meeting, a final EA
will be prepared on the final 1996 TAC amounts after consultation with
the Council.
Consultation pursuant to section 7 of the Endangered Species Act
has been initiated for the 1997 GOA initial specifications.
Authority: 16 U.S.C. 773 et seq., 1801 et seq.
Dated: November 27, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-30888 Filed 11-29-96; 2:52 pm]
BILLING CODE 3510-22-P
