[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Rules and Regulations]
[Pages 62339-62344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29721]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 611, 675, 676, and 677
[Docket No. 951128281-5281-01; I.D. 112195D]
Groundfish Fishery of the Bering Sea and Aleutian Islands;
Limited Access; Foreign Fishing; Interim 1996 Harvest Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim 1996 harvest specifications for groundfish, associated
management measures, and closures.
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SUMMARY: NMFS issues interim 1996 total allowable catch (TAC) amounts
for each category of groundfish, pollock Community Development Quota
(CDQ) amounts, and specifications for prohibited species bycatch
allowances for the groundfish fishery of the Bering Sea and Aleutian
Islands management area (BSAI). NMFS is closing certain fisheries as
specified in the interim 1996 groundfish specifications. The intended
effect is to conserve and manage the groundfish resources in the BSAI.
EFFECTIVE DATE: 0001 hours, Alaska local time (A.l.t.), January 1,
1996, until the effective date of the Final 1996 Initial Harvest
Specifications for Groundfish, which will be published in the Federal
Register.
ADDRESSES: The preliminary 1996 Stock Assessment and Fishery Evaluation
(SAFE) Report, dated September 1995, is available from the North
Pacific Fishery Management Council, 605 W. 4th Avenue, Suite 306,
Anchorage, AK 99501-2252, 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Ellen R. Varosi, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The domestic and foreign groundfish fisheries in the exclusive
economic zone of the BSAI are managed by NMFS according to the Fishery
Management Plan for Groundfish Fishery of the Bering Sea and Aleutian
Islands Area (FMP). The FMP was prepared by the North Pacific Fishery
Management Council (Council) and approved by NMFS under the authority
of the Magnuson Fishery Conservation and Management Act (Magnuson 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 675, 676, and 677.
General regulations that also pertain to the U.S. fisheries appear at
50 CFR part 620.
The Council met September 27 through October 2, 1995, to review
scientific information concerning groundfish stocks. The Council
adopted for public review, the preliminary SAFE Report for the 1996
BSAI groundfish fisheries. The preliminary SAFE Report, dated September
1995, provides an update on the status of stocks. Copies of the SAFE
Report are available from the Council (see ADDRESSES). The preliminary
TAC amounts for each species are based on the best available biological
and socioeconomic information. The Council recommended preliminary
total TAC amounts of 2,000,000 metric tons (mt) and preliminary total
acceptable biological catch (ABC) amounts of 2,929,885 mt for the 1996
fishing year.
Under Sec. 675.20(a)(7), NMFS is publishing in the Proposed Rules
section of this issue of the Federal
[[Page 62340]]
Register for review and comment proposed initial harvest specifications
for groundfish and associated management measures in the BSAI for the
1996 fishing year. The proposed initial specification document contains
detailed information on the 1996 specification process and provides a
discussion of the preliminary ABC amounts, proposed establishment of
the 1996 annual TAC and initial TAC (ITAC) amounts for each target
species and apportionments thereof among domestic annual processing
(DAP), joint venture processing (JVP), total allowable level of foreign
fishing (TALFF), apportionments of each TAC amount, as applicable,
prohibited species catch (PSC) allowances under Sec. 675.21(b), and
seasonal allowances of pollock and Pacific cod TAC, as applicable.
Regulations at Sec. 675.20(a)(7)(i) require that one-fourth of each
proposed ITAC amount and apportionment thereof, one-fourth of each PSC
allowance established under Sec. 675.21(b), and the first seasonal
allowances of pollock TAC and pollock CDQ become effective 0001 hours,
A.l.t., January 1, on an interim basis and remain in effect until
superseded by the final harvest specifications, which will be published
in the Federal Register.
This action provides interim specifications and apportionments
thereof for the 1996 fishing year that will become available on January
1, 1996, on an interim basis. Background information concerning the
1996 groundfish harvest specification process upon which this interim
action is based is provided in the proposed initial specifications
appearing in the Proposed Rules section of this Federal Register issue.
Species TAC amounts are apportioned initially among DAP, JVP,
TALFF, and reserves under Secs. 611.93(b)(2) and 675.20(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 allows the U.S. industry to
utilize the entire 1996 TAC specified for BSAI groundfish. Therefore,
the Council recommended that DAP equal TAC for each species category,
which results in no proposed amounts of TALFF or JVP for the 1996
fishing year.
As required by Sec. 675.20(a)(3) and (a)(7)(i), each species' TAC
amount initially is reduced by 15 percent, except the hook-and-line and
pot gear allocations for sablefish. The sum of these 15-percent amounts
is the reserve and may be reapportioned to a target species or the
``other species'' category during the year, providing that such
reapportionments do not result in overfishing. One half of the pollock
TAC placed in the reserve is designated as a CDQ reserve for use by CDQ
participants. The ITAC amount for each species, except the hook-and-
line and pot gear allocations for sablefish, is the remainder of the
TAC amount after subtraction of the applicable reserve amount(s). One-
fourth of the preliminary ITAC amount and apportionment thereof for
each target species will be available on January 1, 1996. However, the
first seasonal allowances of pollock TAC and pollock CDQ will be
available on January 1, in lieu of the one-fourth interim allocation.
Amendment 18 to the FMP and Amendment 23 to the Fishery Management
Plan for Groundfish of the Gulf of Alaska (GOA) established inshore and
offshore component allocations of pollock in the BSAI and inshore and
offshore component allocations of pollock and Pacific cod in the GOA
during the years 1993 through 1995. Because Amendments 18 and 23 and
their implementing regulations expire on December 31, 1995, and because
the Council has yet to complete development of its comprehensive plan
to address problems caused by the open access nature of the Alaska
groundfish fisheries, the Council voted unanimously at its June 1995
meeting to adopt Amendments 38 and 40, which would extend the
provisions of the expiring amendments through December 31, 1998. On
September 18, 1995, NMFS published a notice of proposed rulemaking in
the Federal Register to continue the apportionments between the inshore
and offshore components through 1998 (60 FR 48087). On November 28,
1995, NMFS determined that Amendment 38 and Amendment 40 are consistent
with the national standards, other provisions of the Magnuson Act, and
other applicable laws. A final rule is to be issued shortly.
Consequently, these interim specifications specify allocations of
pollock to inshore and offshore components.
1. Interim 1996 BSAI Groundfish Fishery Specifications
Table 1 provides interim TAC amounts and apportionments thereof,
interim TAC allocations of pollock to the inshore and offshore
components, first seasonal allowances of pollock TAC and pollock CDQ,
an interim sablefish apportionment to trawl gear, and Pacific cod TAC
apportionment to gear types. These interim specifications become
effective at 0001 hours, A.l.t., January 1, 1996.
Existing regulations at Sec. 675.20(a)(7)(i) do not provide for an
interim specification for the sablefish CDQ reserve or for sablefish
managed under the Individual Fishing Quota management plan. As a
result, fishing for CDQ sablefish and sablefish harvested with fixed
gear is prohibited until the effective date of the final 1996 BSAI
groundfish specifications.
Table 1.--Interim 1996 TAC Amounts of Groundfish for the Bering Sea and
Aleutian Islands Management Area (BSAI), Bering Sea (BS), and Aleutian
Islands (AI).1,2First Seasonal Allowances of Pollock Allocations to the
Inshore and Offshore Components. First Seasonal Allowances of Pollock
Allocations to the Community Development Quota (CDQ) Program. Allowances
of Sablefish to Trawl (TRW) Gear. Allowances of Pacific Cod to Jig Gear,
H/L or Pot, or TRW
[Amounts are in metric tons]
------------------------------------------------------------------------
Area and/or gear Interim TAC
Species/component type and CDQ
------------------------------------------------------------------------
Pollock:3,4,5
Inshore....................... BS.................. 167,344
Offshore...................... BS.................. 310,781
Inshore....................... AI.................. 16,839
Offshore...................... AI.................. 31,272
Inshore....................... BogDist............. 298
Offshore...................... BogDist............. 553
[[Page 62341]]
CDQ........................... BS.................. 42,188
CDQ........................... AI.................. 4,245
CDQ........................... BogDist............. 75
---------------
Total............. 573,595
===============
Pacific cod:\6\
Jig................. 1,063
H/L & Pot........... 23,375
TRW................. 28,688
---------------
Total............. 53,126
===============
Sablefish:7,8
BS-TRW.............. 170
BS-H/L & Pot........ 0
AI-TRW.............. 117
AI-H/L & Pot........ 0
---------------
Total............. 287
===============
Yellowfin sole.................... BSAI................ 40,375
Other flatfish\9\................. BSAI................ 4,152
Squid............................. BSAI................ 213
Arrowtooth flounder............... BSAI................ 2,173
Pacific ocean perch............... BS.................. 393
AI.................. 2,231
---------------
Total............. 2,624
===============
Flathead sole..................... BSAI................ 6,375
Other red rockfish\10\............ BS.................. 268
Atka mackerel..................... Western AI.......... 8,823
Central AI.......... 2,380
Eastern AI/BS....... 5,797
---------------
Total............. 17,000
===============
Rock sole......................... BSAI................ 12,750
Greenland turbot.................. BS.................. 997
AI.................. 491
---------------
Total............. 1,488
===============
Sharpchin/Northern................ AI.................. 1,085
Other rockfish\11\................ BS.................. 70
AI.................. 147
---------------
Total............. 217
===============
Shortraker/rougheye............... AI.................. 233
Other species\12\................. BSAI................ 4,250
---------------
BSAI Total Interim 720,211
TAC.
------------------------------------------------------------------------
(Interim TAC amounts have been rounded.)
\1\Amounts apply to the entire Bering Sea and Aleutian Islands
management area (BSAI), Bering Sea (BS), or Aleutian Islands (AI), as
indicated. With the exception of pollock, and for purposes of these
specifications, the BS includes the Bogoslof District (BogDist).
\2\Zero amounts of groundfish are proposed for Joint Venture Processing
and Total Allowable Level of Foreign Fishing and are not shown in this
table.
\3\After subtraction of reserves, the ITAC amounts of pollock for each
subarea or district are divided into roe and non-roe seasonal
allowances. (See Sec. 675.20(a)(7)(i).) For the BS subarea, the roe
and non-roe seasonal allowances are 45 and 55 percent of the pollock
ITAC amounts, respectively. The AI subarea and the Bogoslof District
receive 100 percent of their respective ITAC seasonal allowance during
the roe-season with the remainder of the respective ITAC seasonal
allowance during the non-roe season.
\4\Inshore and offshore component allocations are 35 and 65 percent of
the ITAC amounts, respectively. (See Sec. 675.20(a)(2)(iii).)
[[Page 62342]]
\5\One-half of the pollock TAC (7.5 percent of each TAC) is placed in a
reserve for each subarea or district to be assigned to the Community
Development Quota (CDQ) program. (See Sec. 675.20(a)(3)(ii).) For the
BS subarea, the roe and non-roe seasonal allowances are 45 and 55
percent, respectively, of the CDQ pollock reserve. The AI subarea and
the Bogoslof District receive 100 percent of their respective CDQ
reserve allocations during the roe-season with the remainder of the
respective reserve becoming available during the non-roe season.
\6\The TAC amount for Pacific cod, after subtraction of the reserves, is
allocated 2 percent to vessels using jig gear, 44 percent to H/L gear,
and 54 percent to TRW. (See Sec. 675.20(a)(2)(iv).) Pacific cod TAC
seasonal apportionments to vessels using H/L or pot gear are not
reflected in the interim TAC amounts.
\7\Sablefish gear allocations are as follows: In the BS subarea, TRW
gear is allocated 50 percent of TAC, and H/L and pot gear is allocated
50 percent. In the AI subarea, TRW gear is allocated 25 percent of TAC
and H/L and pot gear is allocated 75 percent. (See Sec. 675.24(c)(1).)
Fifteen percent of the sablefish TRW gear allocation is placed in the
nonspecific reserve. One-fourth of the ITAC amount for TRW gear is in
effect January 1 as an interim TAC amount.
\8\The sablefish H/L gear fishery is managed under the Individual
Fishing Quota (IFQ) program and subject to regulations contained in
subparts B and C of 50 CFR part 676. Annual IFQ amounts are based on
the final TAC amount specified for the sablefish H/L gear fishery as
contained in the final specifications for groundfish. Twenty percent
of the sablefish H/L or pot gear final TAC amount will be reserved for
use by Community Development Quota (CDQ) participants. (See Sec.
676.24(b)) Existing regulations at Sec. 675.20(a)(7)(i) do not provide
for an interim specification for the CDQ reserve or an interim
specification for sablefish managed under the IFQ program. In
addition, under Sec. 676.16(c) retention of sablefish caught with
fixed gear is prohibited unless the harvest is authorized under a
valid IFQ permit and IFQ card. In 1996, IFQ permits and IFQ cards will
not be valid prior to the effective date of the 1996 final
specifications. Thus, fishing for sablefish with fixed gear is not
authorized under these interim specifications. See Secs. 676.20 and
676.23(b) for guidance on the annual allocation of IFQ and the
sablefish fishing season.
\9\``Other flatfish'' includes all flatfish species except for Pacific
halibut (a prohibited species), flathead sole, Greenland turbot, rock
sole, and yellowfin sole.
\10\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and
northern.
\11\``Other rockfish'' includes all Sebastes and Sebastolobus species
except for Pacific ocean perch, sharpchin, northern, shortraker, and
rougheye.
\12\``Other species'' includes sculpins, sharks, skates, eulachon,
smelts, capelin, and octopus.
2. Interim Allocation of PSC Limits for Crab, Halibut, and Herring
Under Sec. 675.21(a), annual PSC limits are specified for red king
crab and Chionoecetes bairdi Tanner crab in applicable Bycatch
Limitation Zones of the BS subarea, and for Pacific halibut and Pacific
herring throughout the BSAI. Regulations under Sec. 675.21(b) authorize
the apportionment of each PSC limit into PSC allowances for specified
fishery categories.
Regulations at Sec. 675.20(a)(7)(i) require that one-fourth of each
proposed PSC allowance be made available on an interim basis for
harvest at the beginning of the fishing year, until superseded by the
final harvest specifications. The interim PSC limits are specified in
Table 2 and are in effect on January 1, 1996, at 0001 hours, A.l.t.
Table 2.--Interim 1996 Prohibited Species Bycatch Allowances for the
BSAI Trawl and Nontrawl Fisheries
------------------------------------------------------------------------
Trawl fisheries Zone 1\1\ Zone 2\1\ BSAI-wide
------------------------------------------------------------------------
Red king crab, number of animals:
yellowfin sole............... 12,500
rcksol/oth.flat/flathead
sole\2\..................... 27,500
rockfish..................... 0
turb/arrow/sab\3\............ 0
Pacific cod.................. 2,500
plck/Atka/othr\4\............ 7,500
-------------
Total.................... 50,000
=============
C. bairdi Tanner crab, number of
animals:
yellowfin sole............... 56,250 381,250
rcksol/oth.flat/flathead sole 118,750 127,500
turb/arrow/sabl.............. 0 1,250
rockfish..................... 0 2,500
Pacific cod.................. 56,250 65,000
plck/Atka/othr............... 18,750 172,500
--------------------------
Total.................... 250,000 750,000
==========================
Pacific halibut, mortality (mt):
yellowfin sole............... ........... ........... 198
rcksol/oth.flat/flathead sole ........... ........... 183
turb/arrow/sabl.............. ........... ........... 0
rockfish..................... ........... ........... 28
Pacific cod.................. ........... ........... 398
plck/Atka/othr............... ........... ........... 139
------------
Total.................... ........... ........... 946
============
Pacific herring, mt:
midwater pollock\5\.......... ........... ........... 336
yellowfin sole............... ........... ........... 79
rcksol/oth.flat/flathead sole ........... ........... 0
turb/arrow/sabl.............. ........... ........... 0
rockfish..................... ........... ........... 2
Pacific cod.................. ........... ........... 6
plck/Atka/othr............... ........... ........... 42
------------
[[Page 62343]]
Total.................... ........... ........... 465
============
Nontrawl fisheries:
Pacific halibut, mortality
(mt):
Pacific cod Hook-and-line.... ........... ........... 181
Other nontrawl\6\............ ........... ........... 44
Groundfish pot gear.......... ........... ........... Exempt
Groundfish jig gear.......... ........... ........... Exempt
Sablefish hook-and-line...... ........... ........... Exempt
------------
Total.................... ........... ........... 225
------------------------------------------------------------------------
\1\Refer to Sec. 675.2 for definitions of areas.
\2\Rock sole and other flatfish fishery category.
\3\Greenland turbot, arrowtooth flounder, and sablefish fishery
category.
\4\Pollock, Atka mackerel, and ``other species'' fishery category.
\5\Pollock other than midwater pollock, Atka mackerel, and ``other
species'' fishery category.
\6\Includes hook-and-line sablefish, rockfish, and Greenland turbot.
3. Closures to Directed Fishing
Under Sec. 675.20(a)(8), if the Director, Alaska Region, NMFS
(Regional Director), determines that the amount of a target species or
``other species'' category apportioned to a fishery or, with respect to
pollock, to an inshore or offshore component allocation, is likely to
be reached, the Regional Director may establish a directed fishing
allowance for that species or species group. If the Regional Director
establishes a directed fishing allowance, and that allowance is or will
be reached before the end of the fishing year, NMFS will prohibit
directed fishing for that species or species group in the specified
subarea or district. Similarly, under Secs. 675.21(c) and 675.21(d), if
the Regional Director determines that a fishery category's bycatch
allowance of halibut, red king crab, or C. bairdi Tanner crab for a
specified area has been reached, the Regional Director will prohibit
directed fishing for each species in that category in the specified
area.
The Regional Director has determined that the interim TAC amounts
of pollock in the Bogoslof District, Pacific ocean perch in the Bering
Sea and Aleutian Island subareas, shortraker/rougheye rockfish in the
Aleutian Islands subarea, other rockfish in the BSAI, and other red
rockfish in the Bering Sea will be necessary as incidental catch to
support other anticipated groundfish fisheries prior to the time that
final specifications for groundfish are in effect for the 1996 fishing
year (Table 3). Therefore, NMFS is prohibiting directed fishing for
these target species and gear types in the specified area identified in
Table 3 to prevent exceeding the interim amounts of groundfish TACs
specified in Table 1 of this document.
An interim Zone 1 red king crab bycatch allowance of zero crab is
specified for the rockfish trawl fishery, which is defined at
Sec. 675.21(b)(1)(iii)(D). Similarly, the interim BSAI halibut bycatch
allowance specified for the Greenland turbot/arrowtooth flounder/
sablefish trawl fishery category, defined at Sec. 675.21(b)(1)(iii)(C),
is 0 mt. The Regional Director has determined, in accordance with
Secs. 675.21(c)(1)(i) and 675.21(c)(iii), that the interim red king
crab bycatch allowance specified for the trawl rockfish fishery in Zone
1 and the interim halibut bycatch allowance specified for the Greenland
turbot/arrowtooth flounder/sablefish trawl fishery category has been
caught. Therefore, NMFS is prohibiting directed fishing for rockfish in
Zone 1 by vessels using trawl gear, and for Greenland turbot,
arrowtooth flounder, and sablefish by vessels using trawl gear in the
BSAI (Table 3).
The closures listed in Table 3 will be in effect during the period
that the 1996 interim specifications for groundfish TAC amounts are in
effect beginning at 0001 hours, A.l.t., January 1, 1996, and will
remain in effect until superseded by the Final 1996 Initial Harvest
Specifications for Groundfish. While these closures are in effect, the
maximum retainable bycatch amounts at Sec. 675.20(h) apply at any time
during a fishing trip. Additional closures and restrictions may be
found in existing regulations at 50 CFR part 675.
Table 3.--Closures to Directed Fishing Under 1995 Interim TAC Amounts\1\
------------------------------------------------------------------------
Fishery (All gear) Closed area\2\
------------------------------------------------------------------------
Pollock in Bogoslof District............. Statistical Area 518.
Pacific ocean perch...................... Bering Sea.
Eastern AI.\3\
Central AI.
Western AI.
Shortraker/rougheye rockfish............. AI.
Other rockfish\4\........................ BSAI.
Other red rockfish\5\.................... Bering Sea.
Rockfish (trawl only).................... Zone 1.
Greenland turbot/arrowtooth/sablefish BSAI.
(trawl only).
------------------------------------------------------------------------
\1\These closures to directed fishing are in addition to closures and
prohibitions found in regulations at 50 CFR part 675.
\2\Refer to Sec. 675.2 for definitions of areas.
\3\``AI'' means Aleutian Islands area.
\4\In the BSAI, ``Other rockfish'' includes Sebastes and Sebastolobus
species except for Pacific ocean perch and the ``other red rockfish''
species.
\5\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and
northern.
After consideration of public comments on the Proposed 1996 Initial
Specifications for Groundfish and additional scientific information
presented at its December 1995 meeting, the Council may recommend other
closures to directed fishing. NMFS may implement other closures at the
time the Final 1996 Initial Harvest Specifications are implemented or
during the 1996 fishing year, as necessary for effective management.
Classification
This action is authorized under 50 CFR 611.93(b), 675.20, and part
676 and is exempt from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
[[Page 62344]]
Dated: December 1, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-29721 Filed 12-5-95; 8:45 am]
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