[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: 94-3565]
[[Page Unknown]]
[Federal Register: February 16, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 611, 672, and 676
[Docket No. 940242-4042; I.D. 110193B]
Foreign Fishing; Groundfish of the Gulf of Alaska; 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 specifications of groundfish and associated
management measures; closures; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces final 1994 harvest specifications for Gulf of
Alaska (GOA) groundfish and associated management measures. This action
is necessary to establish harvest limits and associated management
measures for groundfish during the 1994 fishing year. NMFS is also
closing specified fisheries consistent with the final 1994 groundfish
specifications. These measures are intended to carry out management
objectives contained in the Fishery Management Plan (FMP) for
Groundfish of the GOA.
DATES: Effective February 10, 1994 through 24:00 Alaska local time
(A.l.t.), December 31, 1994. All closures to directed fishing are
effective through 24:00 A.l.t., December 31, 1994. Comments are invited
on the apportionments of reserves on or before February 25, 1994.
ADDRESSES: Comments should be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, National Marine Fisheries Service,
P.O. Box 21668, Juneau, AK 99802-1668. Copies of the Environmental
Assessment (EA) for 1994 Total Allowable Catch Specifications for the
GOA, dated February 1994, may be obtained from the above address. The
Final Stock Assessment and Fishery Evaluation Report (SAFE report),
dated November 1993, is available from the North Pacific Fishery
Management Council, P.O. Box 103136, Anchorage, Alaska 99510.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, NMFS, (907) 586-7228.
SUPPLEMENTARY INFORMATION:
Background
NMFS announces for the 1994 fishing year: (1) Total allowable
catches (TAC) for each groundfish target species category in the GOA
and apportionments thereof among domestic annual processing (DAP),
joint venture processing (JVP), total allowable level of foreign
fishing (TALFF), and reserves; (2) apportionments of reserves to DAP;
(3) assignments of the sablefish TAC to authorized fishing gear users;
(4) apportionments of pollock TAC among regulatory areas, seasons, and
between inshore and offshore components; (5) apportionment of Pacific
cod TAC between inshore and offshore components; (6) ``other species''
TAC; (7) prohibited species catch (PSC) limits relevant to fully
utilized groundfish species; (8) closures to directed fishing; (9)
Pacific halibut PSC mortality limits; and, (10) seasonal apportionments
of the halibut PSC limits. A discussion of each of these measures
follows. The process of determining TACs for groundfish species in the
GOA is established in regulations implementing the FMP, which was
prepared by the Council under 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. fishery at 50 CFR parts 672 and 676. General regulations that also
pertain to U.S. fisheries appear at 50 CFR part 620.
Pursuant to Sec. 672.20(a)(2)(ii), the sum of the TACs for all
species must fall within the combined optimum yield (OY) range of
116,000-800,000 metric tons (mt) established for these species in
Sec. 672.20(a)(1). Under Secs. 611.92(c)(1) and 672.20(a)(2)(i), TACs
are apportioned initially among DAP, JVP, TALFF, and reserves. The 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 typically deliver their catches to foreign
processors at sea. TALFF amounts are intended for harvest by foreign
fishermen. Regulations at Sec. 672.20(a)(2)(ii) establish initial
reserves equal to 20 percent of the TACs for pollock, Pacific cod,
flounder target species categories, and ``other species.'' Reserve
amounts are set aside for possible reapportionment to DAP and/or JVP if
the initial apportionments prove inadequate. Reserves that are not
reapportioned to DAP or JVP may be reapportioned to TALFF according to
Sec. 672.20(d)(2).
The Council met on September 21-26, 1993, and developed
recommendations for proposed 1994 TAC specifications for each target
species category of groundfish on the basis of the best available
scientific information. The Council also recommended other management
measures pertaining to the 1994 fishing year. Under
Sec. 672.20(c)(1)(ii), 1994 specifications were proposed in the Federal
Register (58 FR 60575, November 17, 1993). No JVP or TALFF amounts were
specified because GOA groundfish are fully utilized by the DAP
fisheries. Under Sec. 672.20(c)(1)(ii), one-fourth of the preliminary
specifications and gear apportionments and one-fourth of the Pacific
halibut PSC amounts were effective January 1 on an interim basis and
are now superseded by the final 1994 specifications.
The Council met on December 6-10, 1993, to review the best
available scientific information concerning groundfish stocks, and to
consider public testimony regarding 1994 groundfish fisheries.
Scientific information is contained in the November 1993 SAFE report
for the GOA. The November 1993 SAFE report was prepared and presented
by the GOA Plan Team to the Council and the Council's Scientific and
Statistical Committee (SSC) and Advisory Panel (AP) and includes the
most recent information concerning the following:
(a) For pollock: Data from the 1993 spring hydroacoustic survey in
Shelikof Strait conducted by the Alaska Fisheries Science Center; egg
production estimates of spawning biomass; estimates of catch-at-age
from the 1992 fishery; updated estimates of catch; length-frequency
data from the 1993 hydroacoustic survey and the first quarter of the
1993 fishery;
(b) For sablefish: Data from the 1993 Cooperative and Domestic
Longline Surveys;
(c) For Pacific cod: Size composition data from the NMFS longline
surveys of the GOA were updated through 1993;
(e) For flatfish: Ageing information for rex sole allowed
computation of F30% and F35% values; and
(f) For groundfish, generally: Harvest and discard data from the
NMFS Observer Program Office for 1993.
The Plan Team recommended that, starting in 1994, rex sole be
removed from the deep-water flatfish category and be managed as a
separate target species category to provide flexibility in managing
rockfish bycatch.
For establishment of the acceptable biological catches (ABC) and
TACs, the Council considered information in the SAFE report,
recommendations from its SSC and AP, as well as public testimony. The
SSC adopted the ABC recommendations from the Plan Team, which were
provided in the SAFE report, for all of the target species categories,
except that for Pacific ocean perch (POP). The Council adopted the SSC
ABC recommendations for each target species category, except for POP.
The Council's recommended ABCs, listed in Table 1, reflect harvest
amounts that are less than the specified overfishing amounts (Table 1).
The SSC calculated the POP ABC by applying a fishing mortality rate
of F=0.08 that would reduce the spawning biomass per recruit ratio to
44 percent of its pristine level and further reducing F to 0.04 based
on the ratio of current female spawner biomass to the optimal level.
This rate was then applied to the 1994 exploitable biomass of 101,800
mt. The Plan Team reduced this value further by the ratio of
F35/F30, resulting in an ABC recommendation
of 3,030 mt, to ensure that the ABC was less than the overfishing level
of 3,940 mt. The SSC considered this adjustment inappropriate, stating
that it arbitrarily foregoes catch without providing biological
justification. The SSC recommended that the ABC for POP be set at 3,943
mt. However, the Council adopted the recommendation of the Plan Team
and set the ABC for POP at 3,030 mt. The Plan Team's ABC of 3,030 mt
better conforms to the policy objectives of the POP rebuilding plan
established under Amendment 32 to the FMP, adopted by the Council in
September 1993 and submitted for Secretarial review on December 18,
1993.
1. Specifications of TAC and Apportionments Thereof Among DAP, JVP,
TALFF, and Reserves
The Council recommended TACs equal to ABCs for pollock, Pacific
cod, sablefish, shortraker/rougheye rockfish, pelagic shelf rockfish,
demersal shelf rockfish, thornyhead rockfish, and northern rockfish.
The recommended TACs for Pacific cod, sablefish, shortraker/rougheye,
thornyhead rockfish and northern rockfish are at levels that will
support bycatch needs in other fisheries. Other TACs are set at levels
that are fully utilized in the directed fisheries. The Council
recommended TACs less than the ABC for shallow-water and deep-water
flatfish, POP, other slope rockfish, Atka mackerel, rex sole, flathead
sole, and arrowtooth flounder (Table 1). The sum of the TACs approved
by the Council for all GOA groundfish is 304,595 mt, which is within
the OY range specified by the FMP. The sum of the TACs is lower than
the 1993 TAC sum of 306,651 mt. The sum of 1994 ABCs for all groundfish
is 553,050 mt, which is lower than the 1993 ABC total of 732,868 mt.
For pollock, in September 1993, the Council adopted a preliminary
ABC of 78,000 mt for the Western/Central Regulatory Areas. However, at
the September Plan Team meeting, the Plan Team requested that four
additional exploitation strategies be explored. Based on the results of
these new analyses, which were presented at the November 1993 Plan Team
meeting, an ABC of 102,000 mt was recommended for the Western/Central
Areas. The Plan Team recommendation represents the fishing mortality
strategy that was associated with a 95 percent chance of maintaining
the spawner biomass level above the threshold level (F=0.20). The Plan
Team chose this fishing strategy because of recent trends in poor
recruitment of GOA pollock and because of ecosystem concerns. The
Council concurred with the conservative exploitation strategy and
recommended a TAC and an ABC of 102,000 mt for pollock for the Western/
Central GOA for 1994.
The TACs for shallow-water (Western GOA) and deep-water (Central
GOA) flatfish and rex sole (Central GOA) were set at 4,500 mt, 7,500 mt
and 7,500 mt, respectively. These amounts reflect recent harvest levels
and will limit the halibut bycatch associated with these fisheries. The
TACs for flathead sole and arrowtooth flounder were set at 10,000 mt
and 30,000 mt, respectively, also to limit halibut bycatch. As
discussed above, consistent with the Council's previously adopted
rebuilding policy for POP, a conservative exploitation rate was
recommended. The recommended 1994 TAC of 2,550 mt was based on a rate
intermediate between the optimal fishing rate and the rate required to
provide unavoidable bycatch. The POP ABC of 3,030 mt, recommended by
the Council, provides a buffer between the TAC (2,550 mt) and the
overfishing level (3,940 mt). The Council also recommended that the
overfishing level for POP be apportioned by regulatory area.
The Council adopted the AP's recommended ``other rockfish'' TACs
for each regulatory area as follows: 199 mt for the Western Regulatory
Area; 988 mt for the Central Regulatory Area; and 3,813 mt for the
Eastern Regulatory Area. The Council was concerned that the directed
fishery for ``other rockfish'' in the Eastern Regulatory Area could
result in high bycatches of other target species categories. The
Council was particularly concerned that high bycatches of demersal
shelf rockfish (DSR) in the Southeast Outside District of the Eastern
Regulatory Area could occur. In 1993, a trawl vessel operator caught
substantial amounts of DSR in this district as bycatch while conducting
a directed fishery for ``other rockfish.'' As a result, the DSR TAC was
reached prematurely and resulted in economic losses to Southeast Alaska
fishermen who otherwise depend on DSR for a certain amount of their
annual income. Therefore, the Council recommended that the TAC for
``other rockfish'' be set at an amount that would only support bycatch
needs in other directed fisheries. NMFS has determined that a TAC of
1,048 mt for the Eastern Regulatory Area would support bycatch needs in
other directed fisheries. This amount was derived using the amount of
``other rockfish'' bycatch caught by vessels participating in the 1993
pelagic shelf rockfish directed fishery.
Under Amendment 31, approved on October 18, 1993, Atka mackerel was
established as a separate target category beginning with the 1994
fishing year. The Council made 1994 recommendations of overfishing and
ABC for Atka mackerel. Uncertainty about the biological status of Atka
mackerel and the concern that Atka mackerel is a prey species for
Steller sea lions prompted the Council to adopt conservative TACs for
this target species category. The Council established a TAC of 3,500 mt
and apportioned the TAC between the Western (2,500 mt) and Central
(1,000 mt) Regulatory Areas. NMFS implements a TAC of 5 mt for Atka
mackerel in the Eastern Regulatory Area, raising the total TAC to 3,505
mt, to accommodate small amounts of Atka mackerel that might be caught
in this management area. The total amount that was reported to have
been caught in the Eastern Regulatory Area during the 1993 fishing year
was 0.6 mt. Providing an Atka mackerel TAC in the Eastern Regulatory
Area provides consistency with respect to reporting requirements for
Atka mackerel in the Central and Western Regulatory Areas, and will be
less confusing for the fishing industry. NMFS has adjusted the TAC for
the ``other species'' category and the overall sum of TACs to account
for this change.
The Council, after adopting the TACs, recommended 1994
apportionments of the TACs for each species category among DAP, JVP,
TALFF, and reserves. Existing harvesting and processing capacity of the
U.S. industry is capable of utilizing the entire 1994 TAC specification
for GOA groundfish; therefore, the Council recommended that the DAP
allowance equal the TAC for each species category, resulting in no
TALFF or JVP apportionments for the 1994 fishing year.
NMFS has reviewed the Council's recommendation for TAC
specifications and apportionments and hereby approves these
specifications under Sec. 672.20(c)(1)(ii)(B), except for ``other
species.''
The 1994 ABCs, TACs, and overfishing levels are shown in Table 1.
Table 1.--1994 ABCs, TACs, And DAPs Of Groundfish (Metric Tons) For The
Western/Central (W/C), Western (W), Central (C), And Eastern (E)
Regulatory Areas And In The West Yakutat (WYK), Southeast Outside (SEO),
And Gulf-Wide (GW) Districts Of The Gulf Of Alaska
[Amounts specified as Joint Venture Processing (JVP) and Total Allowable
Level Of Foreign Fishing (TALFF) are proposed to be zero and are not
shown in this table. Reserves are apportioned to DAP]
------------------------------------------------------------------------
Overfishing
Species Area\1\ ABC TAC
------------------------------------------------------------------------
Pollock\2\
Shumagin......... (61) 22,130 22,130}
Chirikof......... (62) 23,870 23,870} 230,000
Kodiak........... (63) 56,000 56,000}
Subtotal..... W/C 102,000 102,000
E 7,300 7,300 16,400
--------------------------------------
Total........ 109,300 109,300 246,400
======================================
Pacific cod\3\
Inshore.......... W ........... 14,967
Offshore......... W ........... 1,663
Inshore.......... C ........... 28,125
Offshore......... C ........... 3,125
Inshore.......... E ........... 2,268
Offshore......... E ........... 252
Subtotals: W 16,630 16,630
C 31,250 31,250
E 2,520 2,520
--------------------------------------
Total........ 50,400 50,400 71,100
======================================
Flatfish (deep- W 460 460
water)\4\.
C 12,930 7,500
E 3,120 3,120
--------------------------------------
Total........ 16,510 11,080 19,280
======================================
Rex sole\4\.......... W 800 800
C 9,310 7,500
E 1,840 1,840
--------------------------------------
Total........ 11,950 10,140 13,960
======================================
Flathead sole........ W 9,120 2,000
C 23,080 5,000
E 3,650 3,000
--------------------------------------
Total........ 35,850 10,000 39,310
======================================
Flatfish (shallow- W 20,290 4,500
water)\5\.
C 12,950 12,950
E 1,180 1,180
--------------------------------------
Total........ 34,420 18,630 44,670
======================================
Arrowtooth flounder.. W 28,590 5,000
C 186,270 20,000
E 21,380 5,000
--------------------------------------
Total........ 236,240 30,000 275,930
======================================
Sablefish\6\......... W 2,290 2,290
C 11,220 11,220
WYK 4,850 4,850
SEO 7,140 7,140
--------------------------------------
Total........ 25,500 25,500 31,700
======================================
Pacific ocean W 680 571 880
perch\7\.
C 850 714 1,100
E 1,500 1,265 1,960
--------------------------------------
Total........ 3,030 2,550 3,940
======================================
Short raker/ W 100 100
rougheye\8\.
C 1,290 1,290
E 570 570
--------------------------------------
Total........ 1,960 1,960 2,900
======================================
Other W 330 199
rockfish\9\,\10\,\11
\.
C 1,640 988
E 6,330 1,048
--------------------------------------
Total........ 8,300 2,235 9,850
======================================
Northern Rockfish\12\ W 1,000 1,000
C 4,720 4,720
E 40 40
--------------------------------------
Total........ 5,760 5,760 10,360
======================================
Pelagic shelf W 1,030 1,030
rockfish\13\.
C 4,550 4,550
E 1,310 1,310
--------------------------------------
Total........ 6,890 6,890 11,550
======================================
Demersal shelf SEO 960 960 1,680
rockfish\11\.
Thornyhead rockfish.. GW 1,180 1,180 1,440
Atka mackerel\14\.... W ........... 2,500
C ........... 1,000
E ........... 5
--------------------------------------
Total........ 4,800 3,505 19,040
======================================
Other species\14\.... GW N/A\15\ 14,505
======================================
Total\16\ 553,050... 304,595 803,110
:.
------------------------------------------------------------------------
Footnotes
1. Regulatory areas and districts are defined at Sec. 672.2.
2. Pollock is apportioned to three statistical areas in the
combined Western/Central Regulatory Area (Table 3), each of which is
further divided into equal quarterly allowances. In the Eastern
Regulatory Area, pollock is not divided into quarterly allowances.
3. Pacific cod is allocated 90 percent to the inshore, and 10
percent to the offshore component. Component allowances are shown in
Table 4.
4. ``Deep water flatfish'' means Dover sole and Greenland
turbot. Rex sole is a separate target species beginning with the
1994 fishing year.
5. ``Shallow water flatfish'' means flatfish not including
``deep water flatfish,'' flathead sole, rex sole, or arrowtooth
flounder.
6. Sablefish is allocated to trawl and hook-and-line gears
(Table 2).
7. ``Pacific ocean perch'' means Sebastes alutus.
8. ``Shortraker/rougheye rockfish'' means Sebastes borealis
(shortraker) and S. aleutianus (rougheye).
9. ``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.
10. ``Slope rockfish'' means Sebastes aurora (aurora), S.
melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei
(chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped),
S. variegates (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), and S. reedi (yellowmouth).
11. ``Demersal shelf rockfish'' means Sebastes pinniger
(canary), S. nebulosus (china), S. caurinus (copper), S. maliger
(quillback), S. babcocki (redbanded), S. helvomaculatus (rosethorn),
S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
12. ``Northern rockfish'' means Sebastes polyspinis.
13. ``Pelagic shelf rockfish'' means Sebastes melanops (black),
S. mystinus (blue), S. ciliatus (dusky), S. entomelas (widow), and
S. flavidus (yellowtail).
14. Atka mackerel is a separate target species beginning in
1994. ``Other species'' means sculpins, sharks, skates, eulachon,
smelts, capelin, squid, and octopus. The TAC for ``other species''
equals 5 percent of the TACs of target species.
15. N/A means not applicable.
16. The total ABC is the sum of the ABCs for target species.
2. Apportionment of Reserves to DAP
Regulations implementing the FMP require 20 percent of each TAC for
pollock, Pacific cod, flatfish species, and the ``other species''
category be set aside in reserves for possible apportionment at a later
date (Sec. 672.20(a)(2)(ii)). For the preceding 6 years, including
1993, NMFS has apportioned all of the reserves to DAP effective on
January 1. For 1994, NMFS apportions reserves for each species category
to DAP, anticipating that domestic harvesters and processors will need
all the DAP amounts. Specifications of DAP shown in Table 1 reflect
apportioned reserves. Under Sec. 672.20(d)(5)(iv), the public may
submit comments on the apportionments of reserves. Comments should
focus on whether, and the extent to which, operators of vessels of the
United States will harvest reserve or DAP amounts during the remainder
of the year and whether, and the extent to which, U.S. harvested
groundfish can or will be processed by U.S. fish processors or received
at sea by foreign fishing vessels.
3. Assignment of the Sablefish TACs to Authorized Fishing Gear Users
Under Sec. 672.24(c), sablefish TACs for each of the regulatory
areas and districts are assigned to hook-and-line and trawl gear. In
the Western and Central Regulatory Areas, 80 percent of each TAC is
assigned to hook-and-line gear and 20 percent to trawl gear. In the
Eastern Regulatory Area, 95 percent of the TAC is assigned to hook-and-
line gear and 5 percent is assigned to trawl gear. The trawl gear
allocation in the Eastern Regulatory Area may only be used as bycatch
to support directed fisheries for other target species. Sablefish
caught in the GOA with gear other than hook-and-line or trawl gear must
be treated as prohibited species and may not be retained. Table 2 shows
the assignments of the 1994 sablefish TACs between hook-and-line and
trawl gear.
Table 2.--1994 Sablefish TAC Specifications in the Gulf of Alaska and
Assignments Thereof to Hook-And-Line and Trawl Gear
[Values are in metric tons]
------------------------------------------------------------------------
Hook-and-
Area/district TAC line share Trawl share
------------------------------------------------------------------------
Western.......................... 2,290 1,832 458
Central.......................... 11,220 8,976 2,244
West Yakutat..................... 4,850 4,608 242
Southeast Outside................ 7,140 6,783 357
--------------------------------------
Total........................ 25,500 22,199 3,301
------------------------------------------------------------------------
4. Apportionments of Pollock TAC Among Regulatory Areas, Seasons, and
Between Inshore and Offshore Components
In the GOA, pollock is apportioned by area, season, and inshore/
offshore components. Regulations at Sec. 672.20(a)(2)(iv) require that
the TAC for pollock in the combined W/C GOA be apportioned among
statistical areas Shumagin (61), Chirikof (62), and Kodiak (63) in
proportion to known distributions of the pollock biomass. This measure
was intended to provide spatial distribution of the pollock harvest as
a sea lion protection measure. Each statistical area apportionment is
further divided equally among the four quarterly reporting periods of
the fishing year (Table 3). Within any fishing year, any unharvested
amount of any quarterly allowance of pollock TAC is added in equal
proportions to the quarterly allowance of following quarters, resulting
in a sum for each quarter that does not exceed 150 percent of the
initial quarterly allowance. Similarly, harvests in excess of a
quarterly allowance of TAC are deducted in equal proportions from the
remaining quarterly allowances of that fishing year. As defined at
Sec. 672.23(f), directed fishing for the four quarterly allowances will
start on January 1, June 1, July 1, and October 1. The Eastern
Regulatory Area pollock TAC of 7,300 mt is not allocated among smaller
areas, or quarters.
Regulations at Sec. 672.20(a)(2)(v)(A) require that the DAP
apportionment for pollock in all regulatory areas and all quarterly
allowances thereof be divided into inshore and offshore components. The
inshore component is apportioned 100 percent of the pollock DAP in each
regulatory area after subtraction of amounts that are determined by the
Regional Director to be necessary to support the bycatch needs of the
offshore component in directed fisheries for other groundfish species.
At this time, incidental amounts of pollock to be caught by the
offshore component are unknown, and will be determined during the
fishing year.
Table 3.--Distribution of Pollock in the Western and Central Regulatory
Areas of the Gulf of Alaska (W/CGOA); Biomass Distribution, Area
Apportionments, and Quarterly Allowances. ABC for the W/C GOA Is 102,000
Metric Tons (mt)
[Biomass distribution is based on 1990 survey data. TACs are equal to
ABC. Inshore and offshore allocations of pollock are not shown. ABCs and
TACs are rounded to the nearest 10 mt]
------------------------------------------------------------------------
Biomass Quarterly
Statistical area percent 1994 TAC allowance
------------------------------------------------------------------------
Shumagin (61).................... 21.7 22,130 5,532
Chirikof (62).................... 23.4 23,870 5,968
Kodiak (63)...................... 54.9 56,000 14,000
--------------------------------------
Total........................ 100.0 102,000 25,500
------------------------------------------------------------------------
5. Apportionment of Pacific Cod TAC Between Inshore and Offshore
Components
Regulations at Sec. 672.20(a)(2)(v)(B) require that the DAP
apportionment of Pacific cod in all regulatory areas be allocated to
vessels catching Pacific cod for processing by the inshore and offshore
components. The inshore component is equal to 90 percent of the Pacific
cod TAC in each regulatory area with 10 percent of the TAC assigned to
the offshore component. Inshore and offshore allocations of the 50,400
mt Pacific cod TAC for 1994 are shown in Table 4.
Table 4.--1994 Allocation of Pacific Cod in the Gulf of Alaska;
Allocations to Inshore And Offshore Components
[In metric tons]
------------------------------------------------------------------------
Component allocation
-------------------------
Regulatory area TAC Inshore Offshore
(90%) (10%)
------------------------------------------------------------------------
Western.......................... 16,630 14,967 1,663
Central.......................... 31,250 28,125 3,125
Eastern.......................... 2,520 2,268 252
--------------------------------------
Total........................ 50,400 45,360 5,040
------------------------------------------------------------------------
6. ``Other Species'' TAC
The FMP specifies that the TAC amount for the ``other species''
category is calculated as 5 percent of the 1994 combined TACs for
target species. For 1993, the Council recommended that ``other
species'' be made available separately in each of the three regulatory
areas to avoid preemption of fishing activities in the remainder of the
GOA by a target fishery for Atka mackerel that developed in the Western
Regulatory Area. Approval of Amendment 31, which established Atka
mackerel as a separate target species, removed the necessity to
apportion ``other species'' among regulatory areas in 1994. At the
December 1993 meeting, the Council recommended a GOA-wide TAC of 14,504
mt for ``other species.'' As discussed above, a 1994 TAC of 5 mt for
Atka mackerel in the Eastern Regulatory Area is established by NMFS,
thus increasing the TAC for ``other species'' to 14,505 mt.
7. PSC Limits Relevant to Fully Utilized Species
Under Sec. 672.20(b)(1), if NMFS determines, after consultation
with the Council, that the TAC for any species or species group will be
fully utilized in the DAP fishery, a groundfish PSC limit applicable to
the JVP fisheries may be specified for that species or species group.
The Council recommended that DAP equal TAC for each species
category. Zero amounts of JVP are available. NMFS concurs with the
Council's recommendation, and has not established any JVP amounts;
therefore, no groundfish PSC limits under Sec. 672.20(b)(1) are
necessary.
8. Closures to Directed Fishing
The ``proposed 1994 Initial Specifications of Groundfish and
Associated Management Measures'' for the GOA (58 FR 60575, November 17,
1993) contained several closures to directed fishing for groundfish
during 1994. The closures for the final specifications are listed in
Table 5.
Under Sec. 672.20(c)(2)(ii), the Regional Director determined that
the entire TACs or allocations of TAC of some groundfish species and
species groups will be needed as incidental catch to support other
anticipated groundfish fisheries during 1994. The Regional Director is
establishing directed fishing allowances of zero mt and prohibiting
directed fishing for the remainder of the year for the fisheries listed
in Table 5. Directed fishing standards for the aforementioned closures
may be found at Sec. 672.20(g).
Table 5.--Closures to Directed Fishing for Total Allowable Catches
Implemented by This Action\1\
[Offshore = The Offshore Component; TRW = Trawl; ALL = All Gears; WG =
Western Regulatory Area; CG = Central Regulatory Area; EG = Eastern
Regulatory Area; GOA = Entire Gulf of Alaska]
------------------------------------------------------------------------
Fishery Component Gear Closed areas
------------------------------------------------------------------------
Atka mackerel........... ............. ALL.......... GOA
Northern rockfish....... ............. ALL.......... EG
Other rockfish\2\....... ............. ALL.......... WG,EG
Pacific cod............. Offshore..... ALL.......... WG,CG,EG
Pacific ocean perch..... ............. ALL.......... WG,CG,EG
Rex sole................ ............. ALL.......... WG
Sablefish............... ............. TRW.......... WG,CG
Shortraker/rougheye ............. ALL.......... WG,CG,EG
rockfish.
Thornyhead rockfish..... ............. ALL.......... GOA
------------------------------------------------------------------------
\1\These closures to directed fishing are in addition to closures and
prohibitions found in regulations at 50 CFR Part 672.
\2\Other rockfish includes slope and demersal shelf rockfish in the WG
and CG.
9. Halibut Prohibited Species Catch (PSC) Mortality Limits
Under Sec. 672.20(f)(2), annual Pacific halibut PSC limits are
established and apportioned to trawl and hook-and-line gear and are
established for pot gear. At its December 1993 meeting, the Council
recommended that NMFS reestablish 1993 halibut PSC limits of 2,000 mt
for trawl gear and 750 mt for hook-and-line gear for 1994. The hook-
and-line halibut PSC limit is further apportioned between the DSR
fishery (10 mt halibut mortality) and all other hook-and-line fisheries
(740 mt).
As in the proposed specifications, the Council recommended that pot
gear be exempt from Pacific halibut PSC limits for the 1994 fishing
year. The Council proposed this exemption after considering that the
groundfish catch and associated halibut bycatch and mortality rates for
pot gear are low (5 percent).
At the September 1993 meeting, the Council recommended that NMFS
prepare a rule for Secretarial approval that, if approved, would
authorize separate apportionments of the trawl halibut bycatch
mortality limit between trawl fisheries for the deep-water species
complex (deep-water flatfish, rockfish, sablefish and arrowtooth
flounder) and for the shallow-water species complex (pollock, Pacific
cod, shallow-water flatfish, flathead sole, Atka mackerel, and ``other
species''). At its December 1993 meeting, the Council further
recommended that this action be implemented under emergency rulemaking
so that it could be effective early in 1994. An emergency rule was
prepared by NMFS and implemented February 7, 1994 (59 FR 6222, February
10, 1994). The emergency rule specifies trawl fishery apportionments of
the 1994 GOA trawl halibut bycatch mortality limit and seasonal
apportionments thereof. The emergency rule specifications supersede
those set forth in this notice during the effective period of the
emergency rule.
NMFS concurs with the Council's recommendations listed above. The
following types of information as presented in, and summarized from,
the 1993 SAFE report, or as otherwise available from NMFS, Alaska
Department of Fish and Game, the International Pacific Halibut
Commission (IPHC) or public testimony were considered:
(A) Estimated Halibut Bycatch in Prior Years
The best available information on estimated halibut bycatch is
available from 1993 observations of the groundfish fisheries as a
result of the NMFS Observer Program. The calculated halibut bycatch
mortality by trawl, hook-and-line, and pot gear through December 16,
1993, is 1,993 mt, 1,279 mt, and 2.4 mt, respectively, for a total of
3,214 mt. Halibut bycatch restrictions seasonally constrained trawl
gear fisheries during the first, second, and third quarters of the
fishing year. Halibut mortality did not constrain trawling effort in
the fourth quarter of 1993. Trawling, with the exception of trawling
for pollock with pelagic trawl gear, was closed in 1993 from March 24
to March 29 (58 FR 16372, March 26, 1993), from April 19 to June 28 (58
FR 21545, April 22, 1993), and from August 3 to October 4 (58 FR 41640,
August 5, 1993) as a result of halibut PSC seasonal allowances. Hook-
and-line gear was closed to directed fishing for all but DSR on June 4
to December 31, 1993 (58 FR 32064, June 8, 1993; 58 FR 46095, September
1, 1993).
The amount of groundfish that trawl or hook-and-line gear might
have harvested if halibut had not been seasonally limiting in 1993 is
unknown. Even though halibut mortality was not constraining in the
fourth quarter of 1993, some amounts of groundfish remained
unharvested. Sablefish and Pacific cod are of the most interest to
fishermen using hook-and-line gear. Over 900 mt of sablefish in the
Western Regulatory Area, and 1,000 mt of Pacific cod in the Eastern
Regulatory Area remained unharvested during 1993. An unknown portion of
these amounts likely would have been harvested had 1993 halibut
restrictions not been limiting.
(B) Expected Changes in Groundfish Stocks
At its December 1993 meeting, the Council adopted lower ABCs for
pollock, Pacific cod, deep-water flatfish, flathead sole, shallow-water
flatfish, arrowtooth flounder, and POP than those established for 1993.
The Council adopted higher ABCs for sablefish, pelagic shelf rockfish,
and demersal shelf rockfish than those established for 1993. The ABCs
for other groundfish are unchanged from 1993 levels. Rex sole and Atka
mackerel were separated out of deepwater flatfish and ``other
species,'' and established as separate target species categories for
1994. More information on these changes is included in the Final SAFE
report dated November 1993 and in the Council and SSC minutes.
(C) Expected Changes in Groundfish Catch
The total of the 1994 TACs for the GOA is 304,595 mt, a slight
decrease from the 1993 TAC total of 306,651 mt. At its December 1993
meeting, the Council changed the 1994 TACs for some fisheries from the
1993 TACs. Those fisheries for which the 1994 TACs were lower than in
1993 are pollock (decreased to 109,300 mt from 114,400 mt), Pacific cod
(decreased to 50,400 mt from 56,700 mt), POP (decreased to 2,550 mt
from 2,560 mt), and ``other rockfish'' (decreased to 2,235 mt from
5,383 mt). Rex sole was separated from the deep-water flatfish complex
in 1994 and assigned a separate TAC resulting in a slight increase in
the total TAC for the two target groups but reducing the TAC for deep-
water flatfish. Those species for which the 1994 TAC was higher than in
1993 are shallow-water flatfish (increased to 18,630 mt from 16,240
mt), sablefish (increased to 25,500 mt from 20,900 mt), shortraker/
rougheye (increased to 1,960 mt from 1,764 mt), pelagic shelf rockfish
(increased to 6,890 mt from 6,740 mt), DSR (increased to 960 mt from
800 mt) and thornyhead rockfish (increased to 1,180 mt from 1,062 mt).
(D) Current Estimates of Halibut Biomass and Stock Condition
The stock assessment for 1992 conducted by the IPHC indicates that
the total exploitable biomass of Pacific halibut was 265.8 million
pounds. This represents a decline in biomass of 11 percent from the
previous stock assessment, a rate similar to declines observed in
previous years. The decline is expected to continue over the next few
years as a consequence of reduced recruitment.
(E) Potential Impacts of Expected Fishing for Groundfish on Halibut
Stocks and U.S. Halibut Fisheries
Halibut fisheries will be adjusted to account for the overall
halibut PSC mortality limit established for groundfish fisheries. The
1994 groundfish fisheries are expected to use the entire halibut PSC
limit of 2,750 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.
Therefore, although the amount of halibut available for directed
halibut fisheries will be reduced, halibut bycatch in groundfish
fisheries is not expected to have any effect on halibut stocks.
(F) Methods Available for, and Costs of, Reducing Halibut Bycatches in
Groundfish Fisheries
Halibut bycatch may be reduced by (1) reducing amounts of
groundfish TACs, (2) reducing halibut bycatch rates through a Vessel
Incentive Program, (3) modifications to gear and fish handling
procedures, and (4) changes in groundfish fishing seasons.
Reductions in groundfish TACs do not usually provide incentives for
fishermen to reduce bycatch rates. Costs that would be imposed on
fishermen as a result of reducing TACs depend on species and amounts of
groundfish foregone.
Trawl vessels carrying observers for purposes of complying with the
Observer Plan are subject to the Vessel Incentive Program. The program
encourages trawl fishermen to avoid high halibut bycatch rates while
conducting groundfish fisheries by specifying bycatch rate standards
for various target fisheries.
Current regulations require groundfish pots to have halibut
exclusion devices to reduce halibut bycatches. Resulting low bycatch
and mortality rates of halibut in pot fisheries have justified
exempting pot gear from PSC limits. Because halibut bycatch mortality
in the pot fisheries is so low, and not expected to increase during
1994, the Council has again recommended exempting these fisheries from
halibut bycatch restrictions in 1994, as it did in 1993. A recent
change in the definition of pelagic trawl gear is 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 and also for performance of the trawl gear in terms of
crab bycatch (58 FR 39680, July 26, 1993). A recent regulatory change
required all hook-and-line vessel operators to employ careful release
measures when handling halibut bycatch (58 FR 28799, May 17, 1993).
This measure is intended to reduce handling mortality, increase the
amount of groundfish harvested with the available halibut mortality
limits, and possibly lower overall halibut mortality in groundfish
fisheries.
Halibut bycatch will potentially be reduced by changes in some
groundfish fishing seasons. The sablefish hook-and-line season starts
May 18, and the rockfish trawl fishery is delayed until the third
quarter, July 4. These delays postpone the start of the sablefish and
rockfish fisheries to times when seasonal halibut bycatch rates are
lower.
Methods listed under (F) 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, either through regulatory or FMP amendments.
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 750 mt of
halibut PSC mortality limits to trawl and hook-and-line gear,
respectively. While these limits will reduce the harvest quota for
commercial halibut fishermen, NMFS has determined that they will not
result in unfair allocation to any particular user group. NMFS
recognizes that some halibut bycatch will occur in the groundfish
fishery, but expansion of the Vessel Incentive Program, required
modifications to gear and handling procedures, and delays to the start
of the sablefish hook-and-line gear and rockfish trawl gear fisheries
are intended to reduce adverse impacts on halibut fishermen while
promoting the opportunity to achieve the OY from the groundfish
fishery.
10. Seasonal Allocations of the Halibut PSC Limits
Under Sec. 672.20(f)(2), NMFS seasonally allocates the halibut PSC
limits based on recommendations from the Council. The FMP requires that
the following information be considered by the Council in recommending
seasonal allocations of halibut (a) seasonal distribution of halibut,
(b) seasonal distribution of target groundfish species relative to
halibut distribution, (c) expected halibut bycatch needs on a seasonal
basis relevant to changes in halibut biomass and expected catches of
target groundfish species, (d) expected bycatch rates on a seasonal
basis, (e) expected changes in directed groundfish fishing seasons, (f)
expected actual start of fishing effort, and (g) economic effects of
establishing seasonal halibut allocations on segments of the target
groundfish industry. The Council recommended the same seasonal
allowances of PSC limits for the 1994 fishing year as those in effect
during the 1993 fishing year. The publication of the final 1993 initial
groundfish and PSC specifications (58 FR 16787, March 31, 1993)
summarizes Council 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 in 1993. Pacific halibut PSC limits,
and apportionments thereof, are presented in Table 6. Regulations
specify that overages and shortfalls in PSC catches will be accounted
for within the 1994 fishing year.
Slight adjustments from the 1993 seasonal allocations are proposed
to accommodate dates of anticipated fishing effort and the opening date
of the hook-and-line directed fishery for sablefish (May 18, 1994).
Trawling for rockfish species will start on July 4, 1994 in accordance
with Sec. 672.23(d).
Table 6.--1994 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.
Values Are in Metric Tons. All Allowances and Apportionments Other Than Those on January 1 and December 31 Begin
and End at 12:00 Noon, Alaska Local Time
----------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear
----------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Dates Amount ---------------------------------------------------------------------------
Dates Amount Dates Amount
----------------------------------------------------------------------------------------------------------------
Jan. 1-Apr. 1....... 600 (30%) Jan. 1-May 18....... 200 (27%) Jan. 1-Dec. 31...... 10 (100%).
Apr. 1-Jul. 1....... 400 (20%) May 18-Aug. 31...... 500 (68%)
Jul. 1-Oct. 1....... 600 (30%) Sep. 1-Dec. 31...... 40 (5%)
Oct. 1-Dec. 31...... 400 (20%)
-------------------------------------------------------------------------------------------
Total........... 2,000 (100%) .................... 740 (100%) .................... 10 (100%)
----------------------------------------------------------------------------------------------------------------
Assumed halibut mortality rates for halibut PSC bycatch in 1994 are
similar to those used in 1993 and are unchanged from those established
in the proposed specifications. These rates are listed in Table 7 and
reflect mandatory careful release measures implemented during 1993 (58
FR 28799, May 17, 1993). Further information on halibut mortality can
be found in the November SAFE report. NMFS has determined that the
Council's recommendation for the seasonal apportionments of the Pacific
halibut PSC to gear types and the assumed mortality rates are
appropriate and is implementing the Council's recommendations.
Table 7.--1994 Assumed Pacific Halibut Mortality Rates for Vessels
Fishing in the Gulf of Alaska With Mandatory Careful Release Measures
[Table Values are Percent of Halibut Bycatch Assumed to be Dead]
------------------------------------------------------------------------
Observed Unobserved
Gear and target vessels vessels
------------------------------------------------------------------------
Hook-and-line:
Sablefish................................. 14.0 17.0
Other targets............................. 11.5 14.0
Trawl:
Pelagic pollock........................... 75.0 75.0
Rockfish, shallow water flatfish, ``other
spp.,'' Atka mackerel.................... 60.0 60.0
Pacific cod, non-pelagic pollock, deep
water flats, rex sole.................... 55.0 55.0
Pot:
All targets............................... 5.0 5.0
------------------------------------------------------------------------
Opening Date of the Directed Fishery for Sablefish for Hook-and-Line
Gear
Under regulations at Sec. 672.23(c), the opening date for the
directed fishing season for sablefish with hook-and-line gear is the
calendar day from May 9 through May 22 upon which the tide with the
smallest tidal range occurs. According to annual tide tables published
by NOAA for 1994, this date is May 18, 1994. Therefore, in accordance
with Sec. 672.23 (b) and (c), the season will commence at 12:00 noon,
Alaska local time, May 18, 1994.
Responses to Comments
Written comments on the proposed 1994 specifications and other
management measures were requested until December 10, 1993. No written
comments were received on the specifications as proposed.
Classification
This action apportions reserves to DAP fisheries on a date other
than those specified in Sec. 672.20(d)(i). The Assistant Administrator
for Fisheries, NOAA, finds that it is necessary to waive the
opportunity for prior public comment provided by the regulations to
prevent premature closure of the fishery. In accordance with
Sec. 672.20(d)(5)(iv), comments are invited on the reserve
apportionments as noted in ``DATES'' above.
List of Subjects in 50 CFR Part 611
Fisheries, Foreign relations, Reporting and recordkeeping
requirements.
50 CFR Parts 672 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. 94-3565 Filed 2-10-94; 8:45 am]
BILLING CODE 3510-22-P
