[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3564]
[[Page Unknown]]
[Federal Register: February 16, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Parts 611, 675 and 676
[Docket No. 931100-4043; I.D. 110193D]
Foreign Fishing; Groundfish Fishery of the Bering Sea and
Aleutian Islands; Limited Access Management of Federal Fisheries In and
Off of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1994 initial specifications of groundfish and associated
management measures; closures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces final specifications of total allowable catches
(TACs), initial apportionments of TACs for each category of groundfish,
and associated management measures in the Bering Sea and Aleutian
Islands management area (BSAI) during the 1994 fishing year. This
action is necessary to establish harvest limits and associated
management measures for groundfish during the 1994 fishing year. NMFS
also is closing specified fisheries consistent with the final 1994
groundfish specifications and fishery bycatch allowances of prohibited
species. These measures are intended to conserve and manage the
groundfish resources in the BSAI.
EFFECTIVE DATE: February 10, 1994 through 24:00 Alaska local time
(A.l.t.) on December 31, 1994, or until changed by subsequent notice in
the Federal Register. All closures to directed fishing are effective
through 24:00 A.l.t. December 31, 1994.
ADDRESSES: Comments on directed fishing closures should be sent to
Ronald J. Berg, Chief, Fisheries Management Division, Alaska Region,
NMFS, P.O. Box 21668, Juneau, Alaska 99802-1668 (Attn: Lori Gravel).
The final Environmental Assessment prepared for the 1994 TAC
specifications may be obtained from the same address, or by calling
907-586-7229. The final Stock Assessment and Fishery Evaluation (SAFE)
report may be requested from the North Pacific Fishery Management
Council, P.O. Box 103136, Anchorage, AK 99510 (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Ellen R. Varosi, Fishery Management
Biologist, NMFS, 907-586-7228.
SUPPLEMENTARY INFORMATION: Groundfish fisheries in the BSAI are
governed by Federal regulations at 50 CFR part 675 that implement the
Fishery Management Plan for the Groundfish Fishery of the BSAI (FMP).
Other applicable regulations are found at 50 CFR 611.93 (foreign
fishing) and 50 CFR part 676 (limited entry fisheries off of Alaska).
The FMP was prepared by the North Pacific Fishery Management Council
(Council) and approved by the Secretary of Commerce (Secretary) under
the Magnuson Fishery Conservation and Management Act (Magnuson Act).
The FMP and implementing regulations require the Secretary, after
consultation with the Council, to specify annually the apportionments
of prohibited species catch (PSC) limits among fisheries and seasons
(Sec. 675.21(b)), the TAC, initial domestic annual harvest (DAH), and
initial total allowable level of foreign fishing (TALFF) for each
target species and the ``other species'' category (Sec. 675.20(a)(2)).
The sum of the TACs must be within the optimum yield (OY) range of 1.4
million to 2.0 million metric tons (mt) (Sec. 675.20(a)(2)).
Specifications set forth in Tables 1-7 of this action satisfy these
requirements. For 1994, the sum of TACs is 2,000,000 mt.
Proposed BSAI groundfish specifications and specifications for
prohibited species bycatch allowances for the groundfish fishery of the
BSAI were published in the Federal Register on November 17, 1993 (58 FR
60584). Comments were invited through December 10, 1993. No written
comments were received within the comment period. Verbal comments were
received, and public consultation with the Council occurred during the
Council meeting in Seattle, Washington, held December 6-10, 1993.
Council recommendations and biological and economic data that were
available at the Council's December meeting were considered in
implementing the final 1994 specifications.
The specified TAC for each species is based on the best available
biological and socioeconomic information. The Council, its Advisory
Panel (AP), and its Scientific and Statistical Committee (SSC) reviewed
current biological information about the condition of groundfish stocks
in the BSAI at their September and December 1993 meetings. This
information was compiled by the Council's BSAI Groundfish Plan Team and
is presented in the final 1994 SAFE report for the BSAI groundfish
fisheries, dated November 1993. The Plan Team annually produces such a
document as the first step in the process of specifying TACs. The SAFE
report contains a review of the latest scientific analyses and
estimates of each species' biomass and other biological parameters.
From these data and analyses, the Plan Team estimates an acceptable
biological catch (ABC) for each species category.
A summary of the preliminary ABCs for each species for 1994 and
other biological data from the September 1993 draft SAFE report were
provided in the discussion supporting the proposed 1994 specifications.
The Plan Team's recommended ABCs were reviewed by the SSC, AP, and
Council at their September 1993 meetings. Based on the SSC's comments
concerning technical methods and new biological data not available in
September, the Plan Team revised its ABC recommendations in the final
SAFE report dated November 1993. The revised ABC recommendations were
again reviewed by the SSC, AP, and Council at their December 1993
meetings. While the SSC endorsed most of the Plan Team's
recommendations for 1994 ABCs set forth in the final SAFE report, the
SSC recommended revisions to ABC amounts calculated for Bogoslof
pollock, Greenland turbot, and Atka mackerel. The Council adopted the
SSC's recommendations for the 1994 ABSs. The final ABCs, listed in
Table 1, reflect harvest amounts that will not cause overfishing as
defined in the FMP.
Table 1.--Final 1994 Specifications of the Acceptable Biological Catch
(ABC), Total Allowable Catch (TAC), Initial TAC (ITAC) Which Equal the
Domestic Annual Processing (DAP), And Overfishing Levels Of Groundfish
In The Bering Sea And Aleutian Islands Area.\1\\2\
------------------------------------------------------------------------
Over
Species ABC TAC ITAC=DAP\3\ fishing
level
------------------------------------------------------------------------
Pollock:
Bering Sea (BS). 1,330,000 1,330,000 1,130,500 1,590,000
Aleutian Islands
(AI)........... 56,600 56,600 48,110 60,400
Bogoslof
District....... 31,750 1,000 850 31,750
Pacific cod......... 191,000 191,000 162,350 228,000
Sablefish:
BS.............. 540 540 459 670
AI.............. 2,800 2,800 2,380 3,490
Atka mackerel TOTAL. 122,500 68,000 57,800 484,000
Western AI...... 53,900 10,000 8,500 ...........
Central AI...... 55,125 44,525 37,846 ...........
Eastern AI, BS.. 13,475 13,475 11,454 ...........
Yellowfin sole...... 230,000 150,325 127,776 269,000
Rock sole........... 313,000 75,000 63,750 363,000
Greenland turbot.... 7,000 7,000 5,950 24,800
BS.............. ........... 4,667 3,967 ...........
AI.............. ........... 2,333 1,983 ...........
Arrowtooth flounder. 93,400 10,000 8,500 130,000
Other flatfish\4\... 225,000 56,000 47,600 270,000
Pacific Ocean perch:
BS.............. 1,910 1,910 1,624 2,920
AI.............. 10,900 10,900 9,265 16,600
Other red
rockfish:\5\
BS.............. 1,400 1,400 1,190 1,400
Sharpchin/Northern:
AI.............. 5,670 5,670 4,820 5,670
Shortraker/Rougheye:
AI.............. 1,220 1,220 1,037 1,220
Other rockfish:\6\
BS.............. 365 365 310 365
AI.............. 770 770 655 770
Squid............... 3,110 3,110 2,644 3,110
Other Species\7\.... 27,500 26,390 22,432 141,000
Totals...... 2,656,435 2,000,000 1,700,000 ...........
------------------------------------------------------------------------
\1\Amounts are in metric tons. These amounts apply to the entire Bering
Sea (BS) and Aleutian Islands (AI) area unless otherwise specified.
With the exception of pollock and for the purpose of these
specifications, the BS includes the Bogoslof district.
\2\Zero amounts of groundfish are specified for Joint Venture Processing
(JVP) and Total Allowable Level of Foreign Fishing (TALFF).
\3\Initial TAC (ITAC)=0.85 of TAC; initial reserve=TAC-ITAC=300,000 mt.
\4\``Other flatfish'' includes all flatfish species except for Pacific
halibut (a prohibited species) and all other flatfish species that
have a separate specified TAC amount.
\5\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and
northern.
\6\``Other rockfish'' includes all Sebastes and Sebastolobus species
except for Pacific ocean perch, sharpchin, northern, shortraker, and
rougheye.
\7\``Other species'' includes sculpins, sharks, skates, eulachon,
smelts, capelin, and octopus.
The SSC's revisions to the ABCs recommended by the Plan Team for
Bogoslof pollock, Greenland turbot and Atka mackerel are discussed
below.
Bogoslof Pollock
The Plan Team indicated in the final 1994 SAFE report that the
current estimate of biomass of Aleutian Basin pollock (490,000 mt) is
the best estimate, assuming that no recruitment to the stock has
occurred and that natural mortality (M) is 0.2. Reassessment of the
Bogoslof area hydroacoustic survey with new threshold levels of
abundance has not changed previous conclusions that this stock has
declined since 1988. The Plan Team assumed that no recruitment occurred
in 1993 or will occur in 1994, and projected a biomass for 1994 of
490,000 mt using M=.02. The Plan Team then calculated the F0.35
exploitation rate of 0.26 to derive an ABC of 127,000. The SSC,
however, adjusted the exploitation rate downward by 25 percent to
select a ratio of current biomass to optimal biomass. This leads to an
ABC of 31,750. Due to lack of recruitment predicted for 1993 and 1994,
the Council recommended a TAC of 1,000 mt to provide for bycatch in
other groundfish operations.
Greenland Turbot
The Plan Team used a new stock synthesis model to estimate the ABC,
which was updated with catch and survey data through October 1993. A
more conservative exploitation rate of F0.40 and an increased
slope survey catchability coefficient of 0.75 was selected. These
adjustments resulted in a conservative ABC of 17,200 mt. Continued poor
recruitment and stock abundance levels lead the SSC to recommend a
continuation of the present 7,000 mt ABC for this species. The Council
concurred with this recommendation and set the TAC at 7,000 for this
species. The Council further recommended apportioning two-thirds of the
Greenland turbot TAC (4,667 mt) to the eastern Bering Sea, and one-
third of the TAC (2,333 mt) to the Aleutian Islands in proportion to
the biomass estimates in these areas. The Council's recommendation will
spread fishing effort over a larger area.
Atka Mackerel
The SSC accepted the Plan Team's 1994 estimate of ABC (245,000 mt),
although it expressed concern that the time series of trawl surveys is
short and inconsistent in coverage. The SSC also was apprehensive about
possible environmental problems that may result from an increased catch
of the magnitude implied by the Plan Team's estimate of 1994 ABC. Atka
mackerel is a prey species of northern fur seals and Steller sea lions.
During their migrations, northern fur seals (a depleted species) feed
heavily on Atka mackerel as they move through the Aleutian passes.
Given these concerns, the SSC recommended to continue its 1992 and 1993
policy to phase in the Plan Team's estimate of ABC over a 6-year period
by adopting the 1993 biomass estimate (816,000 mt) and raising the
exploitation rate in steps. These incremental steps are as follows:
(M)(1)/6 in 1992, (M)(2)/6 in 1993, (M)(3)/6 in 1994, (M)(4)/6 in 1995,
(M)(5)/6 in 1996 and M in 1997. According to this schedule, the
recommended ABC for 1994 is (0.30/2)(816,000)=122,500 mt. The main
purpose of this approach is to postpone a large ABC increase until new
survey estimates are available to evaluate the phase-in policy.
Amendment 28 to the BSAI FMP became effective August 11, 1993 (58
FR 37660, July 13, 1993). This amendment establishes three new
management districts in the Aleutian Islands (AI) subarea (western,
central, and eastern AI management districts) for the purpose of
apportioning TAC of groundfish. The intent of this action is to improve
TAC management, disperse fishing effort, and minimize the potential for
undesirable effects of concentrated fishing effort. The Council
recommended a 68,000 mt TAC for Atka mackerel in the BSAI in 1994.
Based on the authority provided by Amendment 28, the Council
recommended apportionment of the TAC for Atka mackerel among the AI
management districts and the Bering Sea relative to survey biomass
estimates: 10,000 mt in the western area; 44,525 mt in the central
area; and 13,475 mt in the eastern area and Bering Sea combined.
TAC Specifications
The Council developed its TAC recommendations (Table 1) based on
the final ABCs as adjusted for other biological and socioeconomic
considerations, including maintaining the total TAC in the required OY
range of 1.4-2.0 million mt. Each of the Council's recommended TACs for
1994 is equal to or less than the final 1994 ABC for each species
category. Therefore, NMFS finds that the recommended TACs are
consistent with the biological condition of groundfish stocks. The
final ABCs, TACs, ITACs, overfishing levels and initial apportionments
of groundfish in the BSAI area for 1994 are given in Table 1 of this
action. The apportionment of pollock TACs among fisheries and seasons
is discussed below.
Apportionment of TAC
As required by Secs. 675.20(a)(3) and 675.20(a)(7)(i), each
species' TAC initially is reduced by 15 percent. The sum of these 15
percent amounts is the reserve. The reserve is not designated by
species or species group, and any amount of the reserve may be
reapportioned to a target species or the ``other species'' category
during the year, providing that such reapportionments do not result in
overfishing.
The initial TAC (ITAC) for each target species and the ``other
species'' category at the beginning of the year, which is equal to 85
percent of TAC, is then apportioned between the domestic annual harvest
(DAH) category and the total allowable level of foreign fishing
(TALFF). Each DAH amount is further apportioned between two categories
of U.S. fishing vessels. The domestic annual processing (DAP) category
includes U.S. vessels that process their catch on board or deliver it
to U.S. fish processors. The joint venture processing (JVP) category
includes U.S. fishing vessels working in joint ventures with foreign
processing vessels authorized to receive catches in the U.S. exclusive
economic zone.
In consultation with the Council, the initial amounts of DAP and
JVP are determined by the Director, Alaska Region, NMFS (Regional
Director). Consistent with the final notice of 1991-1993 initial
specifications, the Council recommended that 1994 DAP specifications be
set equal to TAC and that zero amounts of groundfish be allocated to
JVP and TALFF. In making this recommendation, the Council considered
the capacity of DAP harvesting and processing operations and
anticipated that 1994 DAP operations will harvest the full TAC
specified for each BSAI groundfish species category.
Apportionment of the Pollock TAC to the Inshore and Offshore Components
and to the Western Alaska Community Development Quota
Regulations at Sec. 675.20(a)(2)(iii) require that the 1994 pollock
ITAC specified for the BSAI be allocated 35 percent to vessels catching
pollock for processing by the inshore component and 65 percent to
vessels catching pollock for processing by the offshore component
(Table 2). Definitions of these components are found at Sec. 675.2.
Table 2.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TACs1,2
----------------------------------------------------------------------------------------------------------------
Roe
Subarea TAC ITAC\3\ season\4\ Non-roe season\5\
----------------------------------------------------------------------------------------------------------------
Bering Sea:
Inshore........................................ ........... 395,675 178,054 217,621.
Offshore....................................... ........... 734,825 330,671 404,154.
1,330,000 1,130,500 508,725 621,775.
Aleutian Islands:
Inshore........................................ ........... 16,838 16,838 Remainder.
Offshore....................................... ........... 31,272 31,272 Remainder.
56,600 48,110 48,110 Remainder.
Bogoslof:
Inshore........................................ ........... 298 298 Remainder.
Offshore....................................... ........... 552 552 Remainder.
1,000 850 850 Remainder.
----------------------------------------------------------------------------------------------------------------
\1\TAC=total allowable catch.
\2\Based on an offshore component allocation of 0.65(TAC) and an inshore component allocation of 0.35(TAC).
\3\ITAC=initial TAC=0.85 of TAC;
\4\January 1 through April 15--based on a 45/55 split (roe=45%).
\5\August 15 through December 31--based on a 45/55 split (non-roe=55%).
Regulations at Sec. 675.20(a)(3)(ii) require one-half of the
pollock TAC to be placed in the reserve for each subarea or district,
or 7.5 percent of each TAC to be assigned to a Community Development
Quota (CDQ) reserve for each subarea or district. Given the 1994
pollock TACs specified in Table 1, the 1994 CDQ reserve amounts for
each subarea is as follows:
------------------------------------------------------------------------
Pollock
BSAI subarea CDQ (mt)
------------------------------------------------------------------------
Bering Sea................................................... 99,750
Aleutian Islands............................................. 4,245
Bogoslof..................................................... 75
------------------------------------------------------------------------
Under regulations governing the CDQ program at Sec. 675.27, NMFS
may allocate the 1994 pollock CDQ reserves to eligible Western Alaska
communities or groups of communities that have an approved community
development plan (CDP). The Secretary has approved six CDP's and
associated percentages of the CDQ reserve for each CDP recipient for
1994 (58 FR 61031, November 19, 1993). Table 3 lists the approved CDP
recipients, and each recipient's allocation of the 1994 pollock CDQ
reserve for each subarea.
Table 3.--Approved Shares (%'s) and Resulting Allocations and Seasonal Allowances (Metric Tons) of the 1994
Pollock CDQ Reserve Specified for the Bering Sea (BS), Aleutian Islands (AI), and Bogoslof (BF) Subareas Among
Approved CDP Recipients
----------------------------------------------------------------------------------------------------------------
Roe season
CDP Recipient Percent Area Allocation allowance1
----------------------------------------------------------------------------------------------------------------
Aleutian Pribilof Island Community Development Assn....... 18 BS 17,955 8,080
AI 764 344
BF 14 6
-------------------------------
Total................................................... ........ .......... 18,733 8,430
===============================
Bristol Bay Economic Development Assn..................... 20
BS 19,950 8,977
AI 849 382
BF 15 7
-------------------------------
Total................................................... ........ .......... 20,814 9,366
===============================
Central Bering Sea Fishermen's Assn....................... 8 BS 7,980 3,591
AI 340 153
BF 6 3
-------------------------------
Total................................................... ........ .......... 8,326 3,747
===============================
Coastal Villages Fishing Coop............................. 27 BS 26,933 12,120
AI 1,146 516
BF 20 9
-------------------------------
Total................................................... ........ .......... 28,099 12,645
===============================
Norton Sound Economic Development Corp.................... 20 BS 19,950 8,977
AI 849 382
BF 15 7
-------------------------------
Total................................................... ........ .......... 20,814 9,366
===============================
Yukon Delta Fisheries Development Assn.................... 7 BS 6,982 3,142
AI 297 134
BF 5 2
-------------------------------
Total................................................... ........ .......... 7,284 3,278
===============================
Total................................................. 100 .......... 104,070 46,832
----------------------------------------------------------------------------------------------------------------
\1\No more than 45 percent of a CDP recipient's 1994 pollock allocation may be harvested during the pollock roe
season, January 1 through April 15.
Seasonal Allowances of Pollock TAC
Under Sec. 675.20(a)(2)(ii), the ITAC of pollock for each subarea
or district of the BSAI area is divided, after subtraction of reserves
(Sec. 675.20(a)(3)), into two allowances. The first allowance will be
available for directed fishing from January 1 to April 15 (roe season).
The second allowance will be available from August 15 through the end
of the fishing year (non-roe season).
The Council recommended that the 1994 seasonal allowances of
pollock be set at the same relative levels as in 1993 with 45 percent
of the pollock ITAC specified for each management subarea or district
during the roe season and 55 percent during the non-roe season (Table
2). Although the Council is authorized under Sec. 675.20(a)(7)(ii) to
recommend seasonal allowances of the 1994 CDQ pollock reserve, it did
not take such action at its December 1993 meeting. Therefore NMFS is
limiting the 1994 fishery to 45 percent of the CDQ reserve during the
roe season, consistent with the seasonal split recommended by the
Council for the inshore/offshore pollock fisheries.
When specifying seasonal allowances of the pollock TAC, the Council
and the Secretary consider the following nine factors as specified in
section 14.4.10 of the FMP:
1. Estimated monthly pollock catch and effort in prior years;
2. Expected changes in harvesting and processing capacity and
associated pollock catch;
3. Current estimates of, and expected changes in, pollock biomass
and stock conditions; conditions of marine mammal stocks; and biomass
and stock conditions of species taken as bycatch in directed pollock
fisheries;
4. Potential impacts of expected seasonal fishing for pollock on
pollock stocks, marine mammals, and stocks and species taken as bycatch
in directed pollock fisheries;
5. The need to obtain fishery data during all or part of the
fishing year;
6. Effects on operating costs and gross revenues;
7. The need to spread fishing effort over the year, minimize gear
conflicts, and allow participation by various elements of the
groundfish fleet and other fisheries;
8. Potential allocative effects among users and indirect effects on
coastal communities; and
9. Other biological and socioeconomic information that affects the
consistency of seasonal pollock harvests with the goals and objectives
of the FMP.
A discussion of these factors relative to the roe and non-roe
seasonal allowances (45 and 55 percent of the TAC, respectively) was
contained in the final 1993 specifications for BSAI groundfish (58 FR
8703, February 17, 1993). Considerations under these factors remain
unchanged from 1993 given that the relative seasonal allowances for
1993 and 1994 are the same.
Apportionment of Pollock TAC to the Non-Pelagic Trawl Gear Fishery
Regulations under Sec. 675.24(c)(2) authorize the Secretary, in
consultation with the Council, to limit the amount of pollock TAC that
may be taken in the directed fishery for pollock using non-pelagic
trawl gear. This authority is intended to reduce the amount of halibut
and crab bycatch that occurs in non-pelagic trawl operations.
Regulations were implemented during 1993 to more effectively limit
the bycatch of halibut and crab when directed fishing for pollock with
non-pelagic trawl gear is closed (58 FR 39680, July 26, 1993). Given
these regulatory constraints, the Council did not recommend limiting
the amount of pollock TAC that may be taken in the 1994 directed
fishery for pollock by vessels using non-pelagic trawl gear. NMFS
concurs in the Council's recommendation, and no limit on the amount of
pollock TAC that may be taken in the directed fishery for pollock using
non-pelagic trawl gear is specified.
Allocation of the Pacific Cod TAC
At its June 1993 meeting, the Council adopted Amendment 24 to the
FMP, which authorizes fixed allocations of the Pacific cod TAC among
vessels using trawl gear, hook-and-line gear or pot gear, and jig gear.
A final rule implementing Amendment 24 was published in the Federal
Register on January 28, 1994 (59 FR 4009). That final rule specifies
gear allocations of the 1994 Pacific cod TAC and seasonal
apportionments of the amount of Pacific cod TAC allocated to vessels
using hook-and-line or pot gear.
Sablefish Gear Allocation
Regulations under Sec. 675.24(c)(1) require that sablefish TACs for
the Bering Sea and Aleutian Islands subareas be divided between trawl
and hook-and-line/pot gear fisheries. Gear allocations of TACs are
specified in the following proportions: Bering Sea subarea: trawl
gear--50 percent; hook-and-line/pot gear--50 percent, and Aleutian
Islands subarea: trawl gear--25 percent; hook-and-line/pot gear--75
percent (Table 4).
Table 4.--1994 Gear Shares of BSAI Sablefish TAC
----------------------------------------------------------------------------------------------------------------
Share of
Subarea Gear Percent of Share of ITAC
TAC TAC (mt) (mt)\1\
----------------------------------------------------------------------------------------------------------------
Bering Sea\2\....................... Trawl.............................. 50 270 230
Hook-and-line/pot gear............. 50 270 229
Aleutian Islands.................... Trawl.............................. 25 700 595
Hook-and-line/pot gear............. 75 2,100 1,785
----------------------------------------------------------------------------------------------------------------
\1\Initial TAC (ITAC)=0.85 of TAC, rounded to the nearest whole mt; 0.15 of TAC is apportioned to reserve. The
sum of both ITAC gear shares in a subarea is equal to the ITAC for that subarea in Table 1.
\2\Includes Bogoslof district.
Allocation of Prohibited Species Catch (PSC) Limits for Crab, Halibut,
and Herring
PSC limits of red king crab and C. bairdi Tanner crab in Bycatch
Limitation Zones (50 CFR 675.2) of the Bering Sea subarea, and for
Pacific halibut throughout the BSAI area are specified under
Sec. 675.21(a). At this time, the 1994 PSC limits are:
--200,000 red king crabs for Zone 1 trawl fisheries;
--one million C. bairdi Tanner crabs for Zone 1 trawl fisheries;
--three million C. bairdi Tanner crabs for Zone 2 trawl fisheries;
--3,775 mt mortality of Pacific halibut for the BSAI trawl fisheries;
--900 mt mortality of Pacific halibut for BSAI non-trawl fisheries; and
--1,962 mt Pacific herring for BSAI trawl fisheries.
The PSC limit of Pacific herring caught while conducting any trawl
operation for groundfish in the BSAI is 1 percent of the annual eastern
Bering Sea herring biomass. The best estimate of 1994 herring biomass
is 196,229 mt. This amount was derived using 1993 survey data and an
aged structured biomass projection model developed by the Alaska
Department of Fish and Game (ADF&G). Complete analysis of the 1993
spawning data was provided by the ADF&G at the Council's December 1993
meeting. Therefore, the herring PSC limit for 1994 is 1,962 mt.
Regulations under Sec. 675.21(b) authorize the apportionment of
each PSC limit into bycatch allowances for specified fishery
categories. Regulations at Sec. 675.21(b)(1)(iii) specify seven fishery
categories (midwater pollock, Greenland turbot/arrowtooth flounder/
sablefish, rock sole/other flatfish, yellowfin sole, rockfish, Pacific
cod, and bottom pollock/Atka mackerel/``other species''). Regulations
at Sec. 675.21(b)(2) authorize the apportionment of the non-trawl
halibut PSC limit among three fishery categories (Pacific cod hook-and-
line fishery, groundfish pot gear fishery, and other non-trawl
fisheries). The PSC allowances are listed in Table 5. In general, the
fishery bycatch allowances listed in Table 5 reflect the
recommendations made to the Council by its AP. These recommendations
were based on 1993 bycatch amounts, anticipated 1994 harvest of
groundfish by trawl gear and fixed gear, anticipated changes in fishery
bycatch needs pending approval of a final rule implementing Amendment
24, and assumed halibut mortality rates in the different groundfish
fisheries based on analyses of 1991-1993 observer data.
In 1993, NMFS exempted groundfish pot gear fisheries from halibut
bycatch restrictions in Amendment 21 to the FMP (March 18, 1993, 58 FR
14524). During 1993, the halibut mortality associated with this
groundfish catch was 2.5 mt, based on an assumed halibut mortality rate
of 5 percent. The Council recommended continuing to exempt groundfish
pot gear fisheries from halibut bycatch restrictions during the 1994
fisheries.
Table 5.--Final 1994 Prohibited Species Bycatch Allowances for the BSAI
Trawl and Non-Trawl Fisheries
------------------------------------------------------------------------
Zone 1 Zone 2 BSAI-wide
------------------------------------------------------------------------
Trawl fisheries:
Red king crab, number of animals:
Yellowfin sole.................. 40,000 .......... ..........
Rcksol/oth.flat\1\.............. 110,000 .......... ..........
Turb/arrow/sab\2\............... 0 .......... ..........
Rockfish........................ 0 .......... ..........
Pacific cod..................... 10,000 .......... ..........
Plck/Atka/othr\3\............... 40,000 .......... ..........
------------
Total......................... 200,000 .......... ..........
C. bairdi Tanner crab, number of
animals:
Yellowfin sole.................. 175,000 1,275,000 ..........
Rcksol/oth.flat................. 475,000 260,000 ..........
Turb/arrow/sabl................. 0 5,000 ..........
Rockfish........................ 0 10,000 ..........
Pacific cod..................... 175,000 200,000 ..........
Plck/Atka/othr.................. 175,000 1,250,000 ..........
------------------------
Total......................... 1,000,000 3,000,000 ..........
Pacific halibut, mortality (mt):
Yellowfin sole.................. .......... .......... 592
Rcksol/oth.flat................. .......... .......... 688
Turb/arrow/sabl................. .......... .......... 137
Rockfish........................ .......... .......... 201
Pacific cod..................... .......... .......... 1,200
Plck/Atka/othr.................. .......... .......... 957
-----------
Total......................... .......... .......... 3,775
Pacific herring, mt:
Midwater pollock................ .......... .......... 1,419
Yellowfin sole.................. .......... .......... 332
Rcksol/oth.flat................. .......... .......... 0
Turb/arrow/sabl................. .......... .......... 0
Rockfish........................ .......... .......... 8
Pacific cod..................... .......... .......... 25
Plck/Atka/othr\4\............... .......... .......... 178
-----------
Total......................... .......... .......... 1,962
Non-trawl fisheries:
Pacific halibut, mortality (mt):
Pacific Cod..................... .......... .......... 725
Other non-trawl................. .......... .......... 175
Groundfish Pot Gear............. .......... .......... (\5\)
-----------
Total......................... .......... .......... 900
------------------------------------------------------------------------
\1\Rock sole and other flatfish fishery category.
\2\Greenland turbot, arrowtooth flounder, and sablefish fishery
category.
\3\Pollock, Atka mackerel, and ``other species'' fishery category.
\4\Pollock other than midwater pollock, Atka mackerel, and ``other
species'' fishery category.
\5\Exempt.
Seasonal Apportionments of PSC Limits
Regulations at Sec. 675.21(b)(3) authorize the Secretary, after
consultation with the Council, to establish seasonal apportionments of
prohibited species bycatch allowances among the fisheries to which
bycatch has been apportioned. Under Sec. 675.21(b)(3), the basis for
any such apportionment must be based on the following types of
information:
1. Seasonal distribution of prohibited species;
2. Seasonal distribution of target groundfish species relative to
prohibited species distribution;
3. Expected prohibited species bycatch needs on a seasonal basis
relevant to change in prohibited species biomass and expected catches
of target groundfish species;
4. Expected variations in bycatch rates throughout the fishing
year;
5. Expected changes in directed groundfish fishing seasons;
6. Expected start of fishing effort; or
7. Economic effects of establishing seasonal prohibited species
apportionments on segments of the target groundfish industry.
At its December 1993 meeting, the Council recommended that the
halibut bycatch allowances listed in Table 5 be seasonally apportioned
as shown in Table 6, for yellowfin sole, rock sole/other flatfish,
rockfish, and pollock/Atka mackerel/''other species'' fishery
categories. The recommended seasonal apportionments reflect
recommendations made to the Council by its AP.
The AP recommended seasonal apportionments of the halibut bycatch
allowances specified for the yellowfin sole, and rocksole/other
flatfish fishery categories in anticipation of a 1994 rulemaking that
would adjust the season opening date for the BSAI yellowfin sole and
``other flatfish'' fisheries from May 1 to January 20. At its December
1993 meeting, the Council recommended that this action be implemented
early in 1994 under an emergency interim rule. The intent of the
recommended season adjustment is to provide additional fishing
opportunities in the BSAI early in the year and reduce the incentive
for trawl vessel operators to move from the BSAI to the Gulf of Alaska
after the rock sole roe fishery is closed, typically by the end of
February.
The AP recommended that 20 percent of halibut bycatch be
apportioned to the rockfish fishery during the periods January 20
through April 1, and July 1 to December 31, and that 60 percent of the
halibut bycatch be apportioned during the period April 1 through July
1. The AP's recommendation was intended to provide a greater
opportunity for participants in this fishery to more fully harvest TAC
amounts of all rockfish species within these recommended halibut
bycatch apportionments.
The AP's recommended seasonal apportionment of the halibut bycatch
allowance for the pollock/Atka mackerel/''other species'' fishery
category is based on the seasonal allowances of the Bering Sea pollock
ITAC recommended for the roe and non-roe seasons, and the assumption
that most of the pollock taken during the roe season will be taken with
pelagic trawl gear with reduced halibut bycatch rates.
The AP recommended a seasonal apportionment of the halibut bycatch
allowance specified for the Pacific cod hook-and-line gear fishery
based on:
(1) Anticipation that the proposed allocation of Pacific cod TAC
among gear groups under Amendment 24 will be approved;
(2) Most of the hook-and-line gear effort for Pacific cod will
occur during the first half of 1994; and
(3) The Council's desire to limit a hook-and-line fishery for
Pacific cod during summer months when halibut bycatch rates are high.
NMFS approves the Council's recommendations for prohibited species
bycatch allowances and seasonal apportionments. The seasonal
apportionments of the halibut bycatch allowances are intended to
increase the harvest of the groundfish OY by providing for directed
groundfish fisheries when catches per unit of effort are high and
corresponding halibut species bycatch rates are relatively low.
Table 6.--Final Seasonal Apportionments of the 1994 Pacific Halibut
Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries. All
Allowances and Apportionments Other Than Those on January 1 and December
31 Begin and End at 12:00 Noon, Alaska Local Time
------------------------------------------------------------------------
Seasonal
bycatch
Fishery allowances
(mt
halibut)
------------------------------------------------------------------------
Trawl Gear:
Yellowfin sole
Jan. 20-Aug. 02......................................... 230
Aug. 02-Dec. 31......................................... 362
-----------
Total................................................. 592
Rock sole/``other flatfish''
Jan. 20-Mar. 29......................................... 428
Mar. 29-Jun. 28......................................... 180
Jun. 28-Dec. 31......................................... 80
-----------
Total................................................. 688
Turbot/arrowtooth flounder/sablefish.
-----------
Total................................................... 137
Rockfish
Jan. 20-Apr. 01......................................... 40
Apr. 01-Jul. 01......................................... 120
Jul. 01-Dec. 31......................................... 41
-----------
Total................................................. 201
Pacific cod
Jan. 20-Dec. 31......................................... 1,200
Total................................................. 1,200
Pollock/Atka mackerel/ ``other species''................
Jan. 20-Apr. 15......................................... 430
Apr. 15-Dec. 31......................................... 527
-----------
Total................................................. 957
Total Trawl Halibut Mortality............................... 3,775
Non-Trawl Gear:
Pacific cod2
Jan. 01-Apr. 30......................................... 685
Apr. 30-Aug. 31......................................... 40
Aug. 31-Dec. 31......................................... (3)
-----------
Total................................................. 725
Other Non-trawl............................................. 175
Groundfish pot.............................................. (4)
Total Non-trawl Halibut Mortality........................... 900
------------------------------------------------------------------------
\2\Pending approval of Amendment 24, Pacific cod will be apportioned
among three 4-month periods for 1994.
\3\Remainder.
\4\Exempt.
For purposes of monitoring the fishery halibut bycatch mortality
allowances specified in Table 6, the Regional Director will use
observed halibut bycatch rates and reported and observed groundfish
catch to project when a fishery's halibut bycatch mortality allowance
is reached. The Regional Director monitors the fishery bycatch
mortality allowances using assumed mortality rates that are based on
the best information available, including that contained in the final
annual SAFE report.
Assumed halibut mortality rates for halibut bycatch in 1994 are
listed in Table 7. These rates are similar to those used in 1993 and
reflect mandatory careful release measures implemented during 1993 for
the hook-and-line gear fisheries (58 FR 28799, May 17, 1993). The
derivation of mortality rates assumed for the trawl fishery is
discussed in the preamble to the final rule implementing halibut
bycatch mortality limits (58 FR 14524, March 18, 1993). Assumed rates
for the hook-and-line gear fishery are explained in the rule
implementing careful release procedures. Analysis of 1992 and 1993
observer data suggest that mortality rates for the hook-and-line gear
fishery generally continue to reflect 1993 assumed rates. The assumed
mortality rates listed in Table 7 reflect recommendations by the
Council after review of the International Pacific Halibut Commission
and SSC recommendations. NMFS concurs with the Council's
recommendations as the best available information for 1994.
Table 7.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
During 1994
------------------------------------------------------------------------
Observed Unobserved
vessels vessels
(percent) (percent)
------------------------------------------------------------------------
Hook-and-Line Gear Fisheries:
BSAI Pacific cod.............................. 12.5 15.0
BSAI Other Hook-and-line...................... 12.5 15.0
Trawl Gear Fisheries (Assumed Mortality rates
are unchanged from 1993):
Midwater pollock.............................. .......... 80.0
Atka mackerel, rock sole, yellowfin sole,
other flatfish............................... .......... 70.0
Pacific cod, bottom pollock, rockfish......... .......... 60.0
Arrowtooth, Greenland turbot, sablefish, other
species...................................... .......... 40.0
Pot Gear Fisheries.............................. .......... 5.0
------------------------------------------------------------------------
Groundfish PSC Limits
No PSC limits for groundfish species are specified in this action.
Section 675.20(a)(6) authorizes NMFS to specify PSC limits for
groundfish species or species groups for which the TAC will be
completely harvested by domestic fisheries. These PSC limits apply only
to JVP or TALFF fisheries. At this time, no groundfish are allocated to
either JVP or TALFF and specifications of groundfish PSC limits are
unnecessary.
Closures to Directed Fishing
Fishing for groundfish in the Bering Sea and Aleutian Islands is
authorized from January 1 through December 31, with the following
exceptions (Sec. 675.23):
(1) Directed fishing for yellowfin sole, ``other flatfish,''
arrowtooth flounder, and turbot is authorized from May 1, 1994 to
December 31, 1994, subject to the other provisions in the BSAI
regulations;
(2) Fishing for groundfish with trawl gear in the BSAI is
prohibited until January 20, 1994;
(3) Directed fishing for pollock by the inshore and offshore
components, defined at Sec. 675.2, is authorized from January 1, 1994,
through April 15, 1994, and August 15, 1994, through the end of the
fishing year;
(4) Directed fishing for pollock under the Western Alaska Community
Development Quota Program is authorized from January 1, 1994, through
the end of the fishing year (Sec. 675.23(e)); and
(5) Directed fishing with trawl gear in Zone 1 for rockfish,
Greenland turbot, arrowtooth flounder and sablefish is closed as there
is no PSC to support this fishery (Table 5).
In addition to these regulatory closures, the Council and NMFS
annually recommend closures to directed fishing for species needed as
bycatch amounts in other directed fisheries. A principal consideration
for the Council in developing its 1994 TAC recommendations was ensuring
that the sum of the species TACs did not exceed the maximum OY of 2
million mt. After consideration of the amount of each species category
TAC that is required for bycatch in other directed fisheries, the
Council and NMFS recommended that TAC amounts specified for the
following species be closed to directed fishing: (1) Pacific ocean
perch in the Bering Sea; (2) other red rockfish in the Bering Sea; (3)
shortraker/rougheye in the Aleutian Islands; (4) other rockfish in the
Bering Sea and Aleutian Islands; (5) arrowtooth flounder in the BSAI;
and (6) pollock in the Bogoslof district. Species or species groups
identified in Table 8 will be necessary as incidental catch to support
other anticipated groundfish fisheries and TAC amounts for these
species will be used for bycatch purposes only. If NMFS determines the
full TAC amount will not be used as bycatch, NMFS may open a directed
fishery for that species.
Table 8.--Closures to Directed Fishing Under 1994 Interim TACs\1\
------------------------------------------------------------------------
Fishery (all gear) Closed area
------------------------------------------------------------------------
Pollock in Bogoslof District....... Statistical Area 518.
Pacific ocean perch................ Bering Sea.
Shortraker/rougheye rockfish....... AI.
Other rockfish\2\.................. BSAI.
Other red rockfish\3\.............. Bering Sea.
Rockfish, Greenland turbot/ Zone 1.
arrowtooth/sablefish.
Arrowtooth......................... BSAI.
------------------------------------------------------------------------
\1\These closures to directed fishing are in addition to closures and
prohibitions found in regulations at 50 CFR Part 675.
\2\In the BSAI, ``Other rockfish'' includes Sebastes and Sebastolobus
species except for Pacific ocean perchand the ``other red rockfish''
species.
\3\``Other red rockfish'' includes shortraker, rougheye, sharpchin and
northern.
Expiration of Interim 1994 Specifications
Regulations under Sec. 675.20 (a)(7)(i) authorize one-fourth of
each ITAC and apportionment thereof, one-fourth of each PSC allowance,
and the first seasonal allowance of pollock to be in effect on January
1 on an interim basis and to remain in effect until superseded by final
initial specifications for 1994. The final 1994 initial groundfish
harvest specifications and prohibited species bycatch allowances
implemented under this action supersede the interim 1994 specifications
published in Tables 1 and 4 of the proposed specifications (58 FR
60584, November 17, 1993).
Response to Comments
Written comments on the proposed 1994 specifications and other
management measures were requested through December 10, 1993. No
written comments were received.
Classification
This action is authorized under 50 CFR 611.93(b), 675.20, and 676;
and is covered by the regulatory flexibility analysis prepared for the
implementing regulations.
A draft environmental assessment (EA) on the allowable harvest
levels set forth in the final 1994 SAFE report was available for public
review at the December 6-10, 1993, Council meeting. A final EA was
prepared on the final 1994 TAC amounts recommended by the Council.
Consultation pursuant to section 7 of the Endangered Species Act
was conducted for the 1994 BSAI initial specifications and concluded
that the fishing activities conducted will not impact endangered or
threatened marine mammal species in any manner not already evaluated in
previous formal consultations.
List of Subjects
50 CFR Part 611
Fisheries, Foreign relations, Reporting and recordkeeping
requirements.
50 CFR Parts 675 and 676
Fisheries, Reporting and recordkeeping requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 10, 1994.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine
Fisheries Service.
[FR Doc. 94-3564 Filed 2-10-94; 4:53 pm]
BILLING CODE 3510-22-P
