[Federal Register Volume 62, Number 32 (Tuesday, February 18, 1997)]
[Rules and Regulations]
[Pages 7168-7179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3952]
[[Page 7168]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 961107312-7021-02; I.D. 102296B]
RIN 0648-XX69
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Fishery of the Bering Sea and Aleutian Islands; Final 1997 Harvest
Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1997 specifications of groundfish and associated
management measures; apportionment of reserves; closures and inseason
adjustment.
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SUMMARY: NMFS announces final 1997 harvest 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). This action is
necessary to establish harvest limits and associated management
measures for groundfish during the 1997 fishing year. NMFS is
apportioning reserves to the initial TACs (ITACs) specified for certain
species amounts to allow for full harvest opportunity of these TACs.
NMFS is also closing fisheries and issuing an inseason adjustment as
specified in the final 1997 groundfish specifications. These measures
are intended to conserve and manage the groundfish resources in the
BSAI.
EFFECTIVE DATES: The final 1997 harvest specifications and associated
apportionment of reserves are effective at 1200 hrs, Alaska local time
(A.l.t.), February 12, 1997 through 2400 hrs, A.l.t., December 31,
1997, or until changed by subsequent notification in the Federal
Register. The closures to directed fishing and inseason adjustment are
effective 1200 hrs, A.l.t., February 12, 1997, through 2400 hrs,
A.l.t., December 31, 1997. Comments on the apportionment of reserves
and inseason adjustment must be submitted by February 27, 1997.
ADDRESSES: The final Environmental Assessment (EA) prepared for the
1997 Total Allowable Catch Specifications may be obtained from the
Fisheries Management Division, Alaska Region, NMFS, P.O. Box 21668,
Juneau, AK 99802-1668, Attn: Lori Gravel, or by calling 907-586-7229.
Comments on the apportionment of reserves and inseason adjustment may
be sent to Ronald J. Berg at the same address. The final 1997 Stock
Assessment and Fishery Evaluation (SAFE) report, dated November 1996,
is available from the North Pacific Fishery Management Council, West
4th Avenue, Suite 306, Anchorage, AK 99510-2252 (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, NMFS, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Groundfish fisheries in the BSAI are governed by Federal
regulations at 50 CFR part 679 that implement the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Island
Area (FMP). The FMP was prepared by the North Pacific Fishery
Management Council (Council) and approved by NMFS under the Magnuson-
Stevens Fishery Conservation and Management Act.
The FMP and implementing regulations require NMFS, after
consultation with the Council, to specify annually the TAC for each
target species and the ``other species'' category, the sum of which
must be within the optimum yield (OY) range of 1.4 million to 2.0
million metric tons (mt) (Sec. 679.20(a)(1)(i)). Regulations under
Sec. 679.20(c)(1) further require NMFS to publish annually and solicit
public comment on proposed annual TACs, prohibited species catch (PSC)
allowances, seasonal allowances of the pollock TAC, and amounts for the
pollock and sablefish Community Development Quota (CDQ) reserve. The
final specifications set forth in Tables 1-9 of this action satisfy
these requirements. For 1997, the sum of TACs is 2 million mt.
The 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 26, 1996 (61 FR
60076), and corrected on January 17, 1997 (62 FR 2719). Comments were
invited through December 23, 1996. Two comments were received and are
summarized and responded to below in the Response to Comments section.
Public consultation with the Council occurred during the December 11-
15, 1996, Council meeting in Anchorage, AK. After considering public
comments received, as well as biological and economic data that were
available at the Council's December meeting, NMFS is implementing the
final 1997 specifications as recommended by the Council.
Interim Specifications
With the exception of hook-and-line and pot gear allocation of
sablefish, regulations under Sec. 679.20(c)(2)(ii) authorize one-fourth
of each proposed ITAC and apportionment thereof, one-fourth of each
proposed PSC allowance, and the first proposed 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. NMFS
published the interim 1997 specifications in the Federal Register on
November 26, 1996 (61 FR 60044), and corrected on January 16, 1997 (62
FR 2445). The final 1997 initial groundfish harvest specifications and
prohibited species bycatch allowances contained in this action
supersede the interim 1997 specifications.
TAC Specifications and Acceptable Biological Catch (ABC)
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 1996 meetings. This
information was compiled by the Council's BSAI Groundfish Plan Team
(Plan Team) and is presented in the final 1997 SAFE report for the BSAI
groundfish fisheries, dated November 1996. 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
ABC for each species category.
A summary of the preliminary ABCs for each species for 1997 and
other biological data from the September 1996 draft SAFE report were
provided in the discussion supporting the proposed 1997 specifications
(61 FR 60076, November 26, 1996, and corrected at 62 FR 2719, January
17, 1997). The Plan Team's recommended ABCs were reviewed by the SSC,
AP, and Council at their September 1996 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 1996. The revised ABC
recommendations were
[[Page 7169]]
again reviewed by the SSC, AP, and Council at their December 1996
meetings. While the SSC endorsed most of the Plan Team's
recommendations for 1997 ABCs set forth in the final SAFE report, the
SSC recommended revisions to ABC amounts calculated for pollock in the
Bogoslof District, Greenland turbot, and sablefish. These revisions, as
well as a summary of the SSC's discussion on eastern Bering Sea
pollock, are discussed below.
Eastern Bering Sea pollock. The SSC concurred with the Plan Team's
recommended 1997 ABC for eastern Bering Sea pollock (1.13 million mt).
This recommendation was made after lengthy discussion about the
desirability of reducing the Plan Team's recommended ABC to respond to
concerns about future recruitment and potentially high fishing
mortality of eastern Bering Sea pollock in Russian waters. The SSC's
discussion focused on the following issues: (1) Choice of models used
to estimate 1997 eastern Bering Sea stock biomass, (2) choice of
fishing mortality rates upon which to base 1997 ABC, (3) the strengths
and weaknesses of the Plan Team's forecast of incoming year-classes,
(4) the effects of spatial and temporal distribution of fishing effort
for pollock on the ecosystem, (5) the utility of foregoing catch from
the upcoming harvest cycle, (6) impacts of Russian pollock harvests on
the eastern Bering Sea stock, and (7) industry and conservation group
recommendations for harvest levels in 1997.
The SSC discussed the relative merits of lowering ABC to forego
catch in 1997 as a means to promote improved future recruitment and/or
provide additional fish in subsequent years. The SSC concluded that the
high natural mortality rate of pollock would greatly diminish any
foregone catch before it could contribute to the next spawning cycle or
before it became vulnerable to the next fishing season. Furthermore,
pollock recruitment is highly variable at all levels of spawning stock
size, so the addition of a small increment in spawning biomass through
foregone catch in 1997 likely would have no discernible impact on
future recruitment. The SSC concluded that uncertainty in estimates of
future recruitment is a function of a declining population biomass,
variability in environmental conditions affecting young pollock, an
unquantifiable level of removals of eastern Bering Sea pollock in
Russian waters, and variability in the assumed linear relationship
between age 1 pollock in the NMFS bottom trawl survey and recruitment
at age 3. If pollock biomass continues to decline, fishing mortality
will be adjusted downward for increasingly conservative management in
future years. In 1997, data from a scheduled NMFS hydroacoustic trawl
survey will be used to assess the status of this stock, as well as any
necessary changes in its management for 1998.
Bogoslof pollock. NMFS 1996 survey data are used to estimate the
biomass of Bogoslof pollock at 682,000 mt, a significant reduction from
the 1995 estimate of 1.1 million mt. The Plan Team recommended an ABC
of 115,000 mt based on a fishing mortality rate of about 21 percent
applied to a projected 1997 biomass of 558,000 mt. The SSC believed the
Bogoslof ABC should be reduced by the ratio of current biomass to
target biomass, where target biomass is assumed to be 2 million mt.
Consequently, the SSC recommended a 1997 Bogoslof ABC of 32,100 mt. The
corresponding overfishing level, 43,800 mt, is estimated using a 30-
percent exploitation rate adjusted by the ratio of current to target
biomass.
The Council recommended that pollock be closed to directed fishing
in the Bogoslof District and that a TAC of 1,000 mt be established to
provide for bycatch in other groundfish fisheries. This recommendation
was intended to accommodate uncertainty about whether or not Bogoslof
pollock are a distinct self-sustaining population or surplus fish from
the shelf populations. The Council's TAC recommendation also addresses
concerns about the potential impacts of undocumented fishing effort in
the Russian zone on young pollock that are primarily considered to be
of U.S. origin. The Council's TAC recommendation is adopted in these
final specifications (Table 1).
Greenland turbot. The Plan Team's ABC recommendation for Greenland
turbot (16,800 mt) was based on a stock synthesis analysis of the
status of this resource that is sensitive to the relative contributions
of the longline and trawl fisheries to the total fishing mortality. In
recent years, the longline fleet has taken about 80 percent of the
total catch. Based on the assumption that the longline fleet will
continue to take this proportion of total catch, the Plan Team
recommended an ABC based on an exploitation rate of 0.346. However, the
SSC asserted that difficulties exist in predicting the percentage of
the total catch that trawl and longline gear will harvest and believed
that a 50/50 split should be assumed in the development of ABC. This
assumed split dictates an exploitation rate of 0.253, adjusted by a
ratio of the current female spawning biomass and the B40% female
spawning biomass (.94) as required under the Council's management
strategy set out under Amendment 44 to the FMP. The application of this
adjusted rate to the projected 1997 exploitable biomass results in an
ABC of 14,400 mt. The declined status of this resource further prompted
the SSC to recommend a phase in of the ABC over a 2-year period.
Therefore, given that the ABC recommended by the SSC for this species
in 1996 was 10,300 mt, the 1997 ABC suggested by the SSC is 12,350 mt.
The SSC concurred with the Plan Team's recommendation that the ABC
be split so that two-thirds of the TAC is apportioned to the Bering Sea
subarea and one-third is apportioned to the Aleutian Islands subarea.
The intent of this apportionment is to spread fishing effort over a
larger area and to avoid localized depletion. Using the SSC's
recommended total ABC, this apportionment scheme results in eastern
Bering Sea and Aleutian Islands ABCs of 8,275 mt and 4,075 mt,
respectively. The Council concurred with the SSC's recommendation for
ABC and adopted a 9,000-mt TAC, as recommended by the AP, with 6,030 mt
and 2,970 mt apportioned to the Bering Sea and Aleutian Islands
subareas, respectively.
Sablefish. The final 1997 SAFE report presents a revised assessment
of exploitable biomass for BSAI and Gulf of Alaska sablefish that is
higher relative to the preliminary assessment developed by the Plan
Team in September 1996. This increase results from technical
adjustments to the assessment model.
Nonetheless, the model indicates a declining trend in biomass due
to low recruitment since 1981. A significant chance exists that biomass
will drop below the lowest observed levels (post 1979) by the year
2001. The Plan Team's ABC recommendation, 3,060 mt for the combined
Bering Sea and Aleutian Islands subareas, would result in an increase
in actual exploitation rate. This fact, combined with 15 years of low
recruitment prompted the SSC to defer to the NMFS stock assessment
authors' more conservative recommendation for ABC; 1,308 mt for the
eastern Bering Sea and 1,367 mt for the Aleutian Islands.
The Council adopted the SSC's recommendations for the 1997 ABCs.
The final ABCs are listed in Table 1.
The Council adopted the AP's recommendations for TAC amounts. These
recommendations were 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. None of the
Council's recommended TACs for 1997
[[Page 7170]]
exceeds the final 1997 ABC for any species category. Therefore, NMFS
finds that the recommended TACs are consistent with the biological
condition of groundfish stocks. The final TACs and overfishing levels
for groundfish in the BSAI area for 1997 are given in Table 1 of this
action.
Apportionment of TAC
Except for the hook-and-line and pot gear allocation of sablefish,
each species' TAC initially is reduced by 15 percent to establish the
ITAC for each species (Sec. 679.20(b)(1)(i)). The sum of the 15-percent
amounts is the reserve. One-half of the pollock TACs placed in reserve
is designated as a community development quota (CDQ) reserve for use by
CDQ participants (Sec. 679.31(a)(1)). The remainder of 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.
Table 1 lists the final 1997 ABC, TAC, and ITAC amounts,
overfishing levels, and initial apportionments of groundfish in the
BSAI. The apportionment of reserves to certain species ITAC amounts, as
well as the apportionment of TAC amounts among fisheries and seasons,
are discussed below.
Table 1.--Final 1997 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and
Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area \1\
----------------------------------------------------------------------------------------------------------------
Overfishing
Species ABC TAC ITAC 2 3 level
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Pollock:
Bering Sea (BS)............................. 1,130,000 1,130,000 960,500 1,980,000
Aleutian Islands (AI)....................... 28,000 28,000 23,800 38,000
Bogoslof District........................... 32,100 1,000 850 43,800
Pacific cod..................................... 306,000 270,000 229,500 418,000
Sablefish:
BS.......................................... 1,308 1,100 468 2,750
AI.......................................... 1,367 1,200 255 2,860
Atka mackerel Total............................. 66,700 66,700 56,695 81,600
Western AI.................................. 32,200 32,200 27,370 ..............
Central AI.................................. 19,500 19,500 16,575 ..............
Eastern AI/BS............................... 15,000 15,000 12,750 ..............
Yellowfin sole.................................. 233,000 230,000 195,500 339,000
Rock sole....................................... 296,000 97,185 82,607 427,000
Greenland turbot Total.......................... 12,350 9,000 7,650 22,600
BS.......................................... 8,275 6,030 5,125 ..............
AI.......................................... 4,075 2,970 2,525 ..............
Arrowtooth flounder............................. 108,000 20,760 17,646 167,000
Flathead sole................................... 101,000 43,500 36,975 145,000
Other flatfish 4................................ 97,500 50,750 43,138 150,000
Pacific ocean perch:
BS.......................................... 2,800 2,800 2,380 5,400
AI Total.................................... 12,800 12,800 10,880 25,300
Western AI.............................. 6,390 6,390 5,431 ..............
Central AI.............................. 3,170 3,170 2,695 ..............
Eastern AI.............................. 3,240 3,240 2,754 ..............
Other red rockfish: 5 BS........................ 1,050 1,050 893 1,400
Sharpchin/Northern: AI.......................... 4,360 4,360 3,706 5,810
Shortraker/Rougheye: AI......................... 938 938 797 1,250
Other rockfish 6
BS.......................................... 373 373 317 497
AI.......................................... 714 714 607 952
Squid........................................... 1,970 1,970 1,675 2,620
Other Species 7................................. 25,800 25,800 21,930 138,000
---------------------------------------------------------------
Totals.............................. 2,464,130 2,000,000 1,698,769 3,998,839
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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 Except for the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is
put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these
reserves. One-half of the amount of the pollock TACs placed in reserve, or 7.5 percent of the TACs, is
designated as a CDQ reserve for use by CDQ participants (See Sec. 679.31(a)(1)).
3 Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ
participants (See Sec. 679.31(c)). Regulations at Sec. 679.20(b)(1) do not provide for the establishment of
an ITAC for the hook-and-line and pot gear allocation for sablefish. The ITAC for sablefish reflected in Table
1 is for trawl gear only.
4 ``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species), flathead
sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.
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.
[[Page 7171]]
Apportionment of Reserves
The Administrator, Alaska Region, NMFS (Regional Administrator),
has determined that the ITACs specified for the following species need
to be supplemented from the nonspecific reserve because U.S. fishing
vessels have demonstrated the capacity to harvest the full TAC amounts:
Pollock in the Bering Sea subarea, pollock in the Aleutian Islands
subarea, Atka mackerel in the BSAI, Pacific ocean perch in the Aleutian
Islands subarea, and Pacific cod in the BSAI. Initial TACs for these
species have been supplemented from the nonspecific reserve during the
past 5 years, and no reason exists to not make available the full TAC
amounts for these species at the beginning of the fishing year to
enhance the ability of the industry to plan accordingly. During its
December 1996 meeting, the Council specifically received testimony from
representatives for the Pacific cod industry to release reserves at the
beginning of the year and in a manner that complies with the
apportionment of the initial ITAC (see below).
Therefore, in accordance with Sec. 679.20(b)(3), NMFS is
apportioning amounts from the reserve necessary to increase the initial
TAC to the full TAC amount for the following species, except for
pollock, where the TAC still is reduced by 7.5 percent to provide for
the CDQ reserve.
------------------------------------------------------------------------
Reserve amount
Species--area or subarea (mt)
------------------------------------------------------------------------
Pollock--Bering Sea..................................... 84,750
Pollock--Aleutian Is.................................... 2,100
Atka Mackerel--Western Aleutian Is...................... 4,830
Atka Mackerel--Central Aleutian Is...................... 2,925
Atka mackerel--Eastern Aleutian Is. and Bering Sea
Subarea................................................ 2,250
Pacific Ocean perch--Western Aleutian Is................ 959
Pacific Ocean perch--Central Aleutian Is................ 475
Pacific Ocean perch--Eastern Aleutian Is................ 486
Pacific cod--BSAI....................................... 40,500
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Total............................................. 139,275
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This apportionment of reserve is consistent with Sec. 679.20(b)(3).
If applicable, these TACs are apportioned among seasons or gear types
as authorized below.
Seasonal Allowances of Pollock TACs
Under Sec. 679.20(a)(5)(i)(A), the pollock TAC for each subarea or
district of the BSAI is divided, after subtraction of reserves
(Sec. 679.20(b)(1)), into two seasonal allowances. The first allowance
is available for directed fishing from January 1 to April 15 (roe
season) and the second allowance is available from September 1 until
November 1 (non-roe season).
The Council recommended that the seasonal allowances for the Bering
Sea pollock roe and non-roe seasons be specified at 45 percent and 55
percent of the TAC amounts, respectively (Table 2). These percentages
are unchanged since 1993. As in past years, the pollock TAC amounts
specified for the Aleutian Islands subarea and the Bogoslof District
are not seasonally apportioned.
When specifying seasonal allowances of the pollock TAC, the Council
and NMFS considered the factors specified in section 14.4.10 of the
FMP. A discussion of these factors relative to the roe and non-roe
seasonal allowances was presented in the proposed 1995 specifications
for BSAI groundfish (59 FR 64383, December 14, 1994). At this time, the
Council's findings are unchanged from those set forth for 1995, given
that the relative seasonal allowances are the same.
Apportionment of the Pollock TAC to the Inshore and Offshore Components
Regulations at Sec. 679.20(a)(6)(i) require that the pollock TAC
amounts 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.
Definitions of these components are found at Sec. 679.2. The 1997 TAC
specifications are consistent with these requirements (Table 2).
Table 2.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts \1\ \2\
----------------------------------------------------------------------------------------------------------------
Non-roe season
Subarea TAC ITAC \3\ Roe season \4\ \5\
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Bering Sea:
Inshore..................................... .............. 365,837 164,627 201,210
Offshore.................................... .............. 679,413 305,736 373,677
1,130,000 1,045,250 470,363 574,887
Aleutian Islands:
Inshore..................................... .............. 9,065 9,065 (6)
Offshore.................................... .............. 16,835 16,835 (6)
28,000 25,900 25,900 (6)
Bogoslof District:
Inshore..................................... .............. 298 298 (6)
Offshore.................................... .............. 552 552 (6)
1,000 850 850 (6)
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\1\ TAC = total allowable catch.
\2\ Based on an offshore component allocation of 65 percent (ITAC) and an inshore component allocation of 35
percent (ITAC).
\3\ ITAC = initial TAC = 85 percent of TAC for the Bogoslof District and 92.5 percent of TAC for the Bering Sea
and Aleutian Islands subareas. The ITAC for the Bering Sea and Aleutian Islands subareas reflects the
apportionment of nonspecified reserve amounts.
[[Page 7172]]
\4\ January 1 through April 15--based on a 45/55 split (roe = 45 percent). Up to 100 percent of the ITAC
specified for the Aleutian Islands subarea and the Bogoslof District may be harvested during the roe season.
\5\ September 1 until November 1--based on a 45/55 split (non-roe = 55 percent).
\6\ Remainder.
Apportionment of the Pollock TAC to the Western Alaska Community
Development Quota
Regulations at Sec. 679.31(a)(1) require one-half of the pollock
TAC placed in the reserve for each subarea or district, or 7.5 percent
of each TAC, be assigned to a CDQ reserve for each subarea or district.
The 1997 CDQ reserve amounts for each subarea are as follows:
------------------------------------------------------------------------
Pollock CDQ
BSAI subarea (mt)
------------------------------------------------------------------------
Bering Sea................................................. 84,750
Aleutian Islands........................................... 2,100
Bogoslof................................................... 75
------------
Total............................................... 86,925
------------------------------------------------------------------------
Under regulations governing the CDQ program at subpart C of part
679, NMFS may allocate the 1997 pollock CDQ reserves to eligible
Western Alaska communities or groups of communities that have an
approved community development plan (CDP). NMFS has approved six CDPs
and associated percentages of the CDQ reserve for each CDP recipient
for 1996-98 (60 FR 66516, December 22, 1995). Table 3 lists the
approved CDP recipients, and each recipient's allocation of the 1997
pollock CDQ reserve for each subarea.
Table 3.--Approved Shares (Percentages) and Resulting Allocations and Seasonal Allowances (Metric Tons) of the
1997 Pollock CDQ Reserve Specified for the Bering Sea (BS) and Aleutian Islands (AI) Subareas, and the Bogoslof
District (BD) among Approved CDP Recipients
----------------------------------------------------------------------------------------------------------------
Roe-season
CDP recipient Percent Area Allocation allowance 1
----------------------------------------------------------------------------------------------------------------
Aleutian Pribilof Island Community 16 BS 13,560 6,102
Development Assn.
AI 336 336
BD 12 12
Total............................. .............. ...................... 13,908 6,450
Bristol Bay Economic Development Corp... 20 BS 16,950 7,627
AI 420 420
BD 15 15
Total............................. .............. ...................... 17,385 8,062
Central Bering Sea Fishermen's Assn..... 4 BS 3,390 1,526
AI 84 84
BD 3 3
Total............................. .............. ...................... 3,477 1,613
Coastal Villages Fishing Coop........... 25 BS 21,188 9,535
AI 525 525
BD 19 19
Total............................. .............. ...................... 21,732 10,079
Norton Sound Fisheries Development Corp. 22 BS 18,645 8,390
AI 462 462
BD 16 16
Total............................. .............. ...................... 19,123 8,868
Yukon Delta Fisheries Development Corp.. 13 BS 11,017 4,958
AI 273 273
BD 10 10
Total............................. .............. ...................... 11,300 5,241
---------------- -------------------------------
Total............................. 100 ...................... 86,925 40,313
----------------------------------------------------------------------------------------------------------------
\1\ No more than 45 percent of a CDP recipient's 1997 Bering Sea pollock allocation may be harvested during the
pollock roe season, January 1 through April 15. Up to 100 percent of a recipient's 1997 Aleutian Islands or
Bogoslof District pollock allocation may be harvested during this time period.
Allocation of the Pacific Cod TAC
Under Sec. 679.20(a)(7), 2 percent of the Pacific cod TAC is
allocated to vessels using jig gear, 51 percent to vessels using hook-
and-line or pot gear, and 47 percent to vessels using trawl gear. The
portion of the Pacific cod TAC allocated to trawl gear is further
allocated 50 percent to catcher vessels and 50 percent to catcher/
processor vessels (Sec. 679.20(a)(7)(i)(B)).
At its December 1996 meeting, the Council recommended seasonal
allowances of the portion of the Pacific cod TAC allocated to vessels
using hook-and-line or pot gear. Seasonal allowances are authorized
under Sec. 679.20(a)(7)(iv) for the following three time periods:
January 1 through April 30; May 1 through August 31; and September 1
through December 31. The intent of the seasonal allowances is to
provide for the harvest of Pacific cod when flesh quality and market
conditions are optimum and Pacific halibut bycatch rates are low. The
Council's recommendations for seasonal allowances are based on: (1)
Seasonal distribution of Pacific cod relative to prohibited species
distributions, (2)
[[Page 7173]]
variations in prohibited species bycatch rates experienced in the
Pacific cod fisheries throughout the year, and (3) economic effects of
seasonal allowances of Pacific cod on the hook-and-line and pot gear
fisheries. Regulations at Sec. 679.20(a)(7)(iv)(C) authorize NMFS,
after consultation with the Council, to determine the manner in which
an unused portion of a seasonal allowance of Pacific cod will be
reapportioned to remaining seasons during the same fishing year.
Accordingly, the Council recommmended that any unused portion of the
first seasonal Pacific cod allowance specified for the Pacific cod
hook-and-line or pot gear fishery be reapportioned to the third
seasonal allowance. NMFS concurs with this recommendation. The gear
allocations and associated seasonal allowances of the Pacific cod TAC
are specified in Table 4.
Table 4.--1997 Gear Shares of the BSAI Pacific Cod TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Seasonal apportionment
Gear Percent TAC Share TAC (mt) --------------------------------------------------------------------------
Date Percent Amount (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jig............................................. 2 5,400 Jan. 1-Dec. 31.............................. 100 5,400
Hook-and-line and pot gear...................... 51 137,700 Jan. 1-Apr. 30.............................. 73 \1\ 100,521
May 1-Aug. 31............................... 23 31,671
Sep. 1-Dec. 31.............................. 4 5,508
Trawl gear \2\:
Total........................................... 47 126,900 Jan. 1-Dec. 31.............................. 100 126,900
Catcher vessel.............................. 63,450
Catcher/processor........................... 63,450
------------------------------
Total................................... 100 270,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line or pot gear fishery will be reapportioned
to the third seasonal allowance
\2\ The portion of the Pacific cod TAC allocated to trawl gear is apportioned 50 percent to catcher vessels and 50 percent to catcher/processors under
Sec. 679.20(a)(7)(i)(B).
Sablefish Gear Allocation and CDQ Allocations for Sablefish
Regulations at Sec. 679.20(a)(4) require that sablefish TACs for
the BSAI subareas be divided between trawl and hook-and-line/pot gear
types. Gear allocations of TACs are established 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. In addition, regulations
under Sec. 679.31(c) require NMFS to withhold 20 percent of the hook-
and-line and pot gear sablefish allocation as sablefish CDQ reserve.
Gear allocations of sablefish TAC and CDQ reserve amounts are specified
in Table 5.
Table 5.--1997 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
----------------------------------------------------------------------------------------------------------------
Percent of Share of Initial TAC
Subarea Gear TAC (mt) TAC (mt) (mt) CDQ reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea.......................... Trawl................. 50 550 468 N/A
Hook-and-line/pot gear 50 550 N/A 110
2.
---------------------------------------------------
Total......................... ...................... ........... 1,100 468 110
===================================================
Aleutian Islands.................... Trawl................. 25 300 255 N/A
Hook-and-line/pot gear 75 900 N/A 180
2.
---------------------------------------------------
Total......................... ...................... ........... 1,200 255 180
----------------------------------------------------------------------------------------------------------------
1 Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.
The ITAC is the remainder of the TAC after the subtraction of these reserves.
2 For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
allocated TAC is reserved for use by CDQ participants. Regulations at Sec. 679.20(b)(1) do not provide for
the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
Under regulations governing the sablefish CDQ program at subpart C
of part 679, NMFS may allocate the 1997 sablefish CDQ reserve to
eligible Western Alaska communities or groups of communities that have
an approved CDP. NMFS has approved seven CDPs and associated
percentages of the sablefish CDQ reserve for each CDP recipient for
1995-97 (59 FR 61877, December 2, 1994). Table 6 lists the approved CDP
recipients and each recipient's allocation of the 1997 sablefish CDQ
reserve for each subarea.
Table 6.--Approved Shares (Percentages) and Resulting Allocations (mt)
of the 1997 Sablefish CDQ Reserve Specified for the Bering Sea (BS) and
Aleutian Islands (AI) Subareas Among Approved CDP Recipients
------------------------------------------------------------------------
Allocation
Sablefish CDP recipient Area Percent (mt)
------------------------------------------------------------------------
Atka Fishermen's Association BS 0 0
[[Page 7174]]
AI 0 0
Bristol Bay Economic BS 0 0
Development Corp..
AI 25 45
Coastal Villages Fishing BS 0 0
Cooperative.
AI 25 45
Norton Sound Economic BS 25 28
Development Corporation.
AI 30 54
Pribilof Island Fishermen... BS 0 0
AI 0 0
Yukon Delta Fisheries BS 75 82
Development Association.
AI 10 18
Aleutian Pribilof Islands BS 0 0
Community Development
Association.
AI 10 18
-------------------------------
Total................. BS 100 110
AI 100 180
------------------------------------------------------------------------
Allocation of Prohibited Species Catch (PSC) Limits for Crab,
Halibut, and Herring
PSC limits of C. bairdi Tanner crab in Bycatch Limitation Zones (50
CFR 679.2) of the Bering Sea subarea and for Pacific halibut throughout
the BSAI are established under Sec. 679.21(e) as follows:
--Zone 1 trawl fisheries, 1 million C. bairdi Tanner crabs;
--Zone 2 trawl fisheries, 3 million C. bairdi Tanner crabs;
--BSAI trawl fisheries, 3,775 mt mortality of Pacific halibut;
--BSAI nontrawl fisheries, 900 mt mortality of Pacific halibut;
Regulations at Sec. 679.21(e) also require that a PSC limit for red
king crab in Zone 1 and for Pacific herring in the BSAI be specified
annually based on abundance and spawning biomass criteria. Under new
regulations implementing Amendment 37 to the FMP (61 FR 65985, December
16, 1996), the 1997 red king crab PSC limit in zone 1 is 100,000 crab
based on the following criteria set out at Sec. 679.21(e)(1)(i)(B): The
number of mature female red king crab is above the threshold of 8.4
million mature crab and the effective spawning biomass is greater than
14.5 but less than 55 million lbs (24,948 mt). Based on a length-based
analysis of NMFS 1996 trawl survey data, the Alaska Department of Fish
and Game (ADF&G) estimates the abundance of mature females is 10.2
million crab and effective spawning biomass is 20.3 million lbs (9,206
mt).
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 (Sec. 679.21(e)(v)). The best estimate of
1997 herring biomass is 157,887 mt. This amount was derived using 1996
survey data and an age-structured biomass projection model developed by
ADF&G. Therefore, the herring PSC limit for 1997 is 1,579 mt.
The C. bairdi PSC limits currently established in regulations are
subject to change pending the approval of Amendment 41 to the FMP
adopted by the Council at its September 1996 meeting. A proposed rule
to implement Amendment 41 was published in the Federal Register on
January 2, 1997 (62 FR 85). Based on the proposed rule and pending
approval of Amendment 41 by NMFS, the 1997 C. bairdi PSC limit in Zones
1 and 2 would be adjusted downward to 750,000 crab and 2,100,000 crab,
respectively. If Amendment 41 is not approved, the C. bairdi PSC limits
will remain unchanged. At its December 1996 meeting, the Council also
adopted a new PSC limit for C. opilio Tanner crab. NMFS anticipates
that a proposed rule, as well as a proposed 1997 PSC limit for C.
opilio crab, will be published in the Federal Register for public
review and comment by March 1997.
Regulations under Sec. 679.21(e)(3) authorize the apportionment of
each PSC limit into PSC allowances for specified fishery categories.
Regulations at Sec. 679.21(e)(3)(iv) specify seven trawl fishery
categories (midwater pollock, Greenland turbot/arrowtooth flounder/
sablefish, rock sole/flathead sole/other flatfish, yellowfin sole,
rockfish, Pacific cod, and bottom pollock/Atka mackerel/``other
species''). Regulations at Sec. 679.21(e)(4)(ii) authorize the
apportionment of the nontrawl halibut PSC limit among five fishery
categories (Pacific cod hook-and-line, sablefish hook-and-line,
groundfish pot gear, groundfish jig gear, and other nontrawl fishery
categories). The fishery bycatch allowances for the trawl and nontrawl
fisheries are listed in Table 7.
Regulations at Sec. 679.21(e)(3)(ii)(B) require that an amount of
the red king crab PSC limit be specified for the red king crab savings
subarea (RKCSS), defined at Sec. 679.21(e)(3)(ii)(B)(1), if the subarea
is open to fishing by vessels using nonpelagic trawl gear. Under
provisions of these regulations, the RKCSS will be open to fishing with
nonpelagic trawl gear in 1997 because ADF&G had established a 1996
guideline harvest level for the commercial red king crab fishery in
Bristol Bay. Consistent with Sec. 679.21(e)(3)(ii)(B)(2), the red king
crab bycatch allowance specified for the RKCSS is an amount equal to 35
percent of the red king crab bycatch allowance recommended by the
Council for the rock sole/flathead sole/other flatfish fishery category
(75,000 crab), or 26,250 crab. The bycatch allowance specified in Table
7 for the rock sole/flathead sole/other flatfish fishery category is
reduced correspondingly to 48,750 crab. When the total number of red
king crab taken by trawl vessels fishing in the RKCSS reaches the
specified bycatch allowance, further directed fishing for groundfish in
the RKCSS by vessels using nonpelagic trawl gear will be prohibited.
The fishery bycatch allowances listed in Table 7 reflect the
recommendations made to the Council by its AP. With the exception of
the red king crab bycatch allowance specified for the RKCSS, these
recommendations generally reflect those established for 1996. The
prohibited species bycatch allowances primarily were based on 1996
bycatch amounts, anticipated 1997 harvest of groundfish by trawl gear
and fixed gear,
[[Page 7175]]
and assumed halibut mortality rates in the different groundfish
fisheries.
Regulations at Sec. 679.21(e)(4)(i) allow NMFS to exempt specified
nontrawl fisheries from the halibut PSC limit. As in 1995 and 1996, the
Council recommended that the pot gear, jig gear, and sablefish hook-
and-line gear fishery categories be exempt from the halibut bycatch
restrictions.
The Council recommended that the pot and jig gear fisheries be
exempt from halibut-bycatch restrictions because these fisheries use
selective gear types that experience low halibut bycatch mortality. In
1996, total groundfish catch for the pot gear fishery in the BSAI was
approximately 33,841 mt with an associated halibut bycatch mortality of
about 21 mt. The 1996 groundfish jig gear fishery harvested about 264
mt of groundfish. The jig gear fleet is comprised of vessels less than
60 ft (18.3 m) length overall that are exempt from observer coverage
requirements. As a result, no observer data are available on halibut
bycatch in the BSAI jig gear fishery. Nonetheless, the selective nature
of this gear type and the relatively small amount of groundfish
harvested with jig gear likely results in a negligible amount of
halibut bycatch mortality.
As in 1995 and 1996, the Council recommended that the sablefish
Individual Fishing Quota (IFQ) fishery be exempt from halibut bycatch
restrictions because of the sablefish and halibut IFQ program (subpart
D of part 679). The IFQ program requires legal-sized halibut to be
retained by vessels using hook-and-line gear if a halibut IFQ permit
holder is aboard. The best available information on the 1995 sablefish
IFQ fishery indicates that less than 40 mt of halibut discard mortality
was associated with this fishery. An estimate of halibut bycatch
mortality associated with the 1996 sablefish IFQ fishery is not
available. Nonetheless, no reason exists to suggest the 1996 bycatch
mortality in this fishery differed significantly from that estimated
for 1995.
Table 7.--Final 1997 Prohibited Species Bycatch Allowances for the BSAI
Trawl and Nontrawl Fisheries
------------------------------------------------------------------------
Zone 1 Zone 2 BSAI-wide
------------------------------------------------------------------------
Trawl fisheries
Red king crab, number of animals:
Yellowfin sole.................. 10,000 .......... ..........
Rock sole/flathead sole/other
flatfish....................... 48,750 .......... ..........
Greenland turbot/arrowtooth/
sablefish...................... 0 .......... ..........
Rockfish........................ 0 .......... ..........
Pacific cod..................... 7,500 .......... ..........
Pollock/Atka mackerel/other
species........................ 7,500 .......... ..........
Red king crab savings subarea
\1\............................ 26,250 .......... ..........
-----------------------------------
Total....................... 100,000 .......... ..........
C. Bairdi tanner crab, number of
animals:
Yellowfin sole.................. 368,421 1,530,000 ..........
Rock sole/flathead sole/other
flatfish....................... 394,736 510,000 ..........
Greenland turbot/arrowtooth/
sablefish...................... 0 0 ..........
Rockfish........................ 0 10,000 ..........
Pacific cod..................... 177,632 278,571 ..........
Pollock/Atka mackerel/other
species........................ 59,211 671,429 ..........
-----------------------------------
Total....................... 1,000,000 3,000,000 ..........
Pacific halibut, mortality (MT):
Yellowfin sole.................. .......... .......... 930
Rock sole/flathead sole/other
flatfish....................... .......... .......... 795
Greenland turbot/arrowtooth/
sablefish...................... .......... .......... 0
Rockfish........................ .......... .......... 100
Pacific cod..................... .......... .......... 1,600
Pollock/Atka mackerel/other
species........................ .......... .......... 350
-----------------------------------
Total....................... .......... .......... 3,775
Pacific herring (MT):
Midwater pollock................ .......... .......... 1,142
Yellowfin sole.................. .......... .......... 267
Rock sole/flathead sole/other
flatfish....................... .......... .......... 0
Greenland turbot/arrowtooth/
sablefish...................... .......... .......... 0
Rockfish........................ .......... .......... 7
Pacific cod..................... .......... .......... 20
Pollock/Atka mackerel/other
species........................ .......... .......... 143
-----------------------------------
Total....................... .......... .......... 1,579
Nontrawl Fisheries
Pacific halibut, mortality (MT):
Pacific cod hook-and-line....... .......... .......... 840
Sablefish hook-and-line......... .......... .......... (\2\)
Groundfish pot gear............. .......... .......... (\2\)
Groundfish jig gear............. .......... .......... (\2\)
Other nontrawl.................. .......... .......... 60
-----------------------------------
[[Page 7176]]
Total....................... .......... .......... 900
------------------------------------------------------------------------
\1\ The red king crab savings subarea is defined at Sec.
679.21(e)(3)(ii)(B) as the portion of the red king crab savings area
between 56 deg.00' and 56 deg.10' N. lat. The amount of the red king
crab bycatch limit specified for this area under Sec.
679.21(e)(3)(ii)(B)(2) is not designated by fishery and, when reached,
will result in closure of the subarea to directed fishing for
groundfish with nonpelagic gear (Sec. 679.21(e)(7)(ii)(B)).
\2\ Exempt.
Seasonal Apportionments of PSC limits
Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation
with the Council, to establish seasonal apportionments of prohibited
species bycatch allowances. At its December 1996 meeting, the Council
recommended that the trawl fishery halibut bycatch allowances, and the
halibut bycatch allowance apportioned to the Pacific cod hook-and-line
gear fishery be seasonally apportioned as shown in Table 8. The
recommended seasonal apportionments reflect recommendations made to the
Council by its AP.
The Council recommended seasonal apportionments of the halibut
bycatch allowances specified for the trawl flatfish and rockfish
fisheries to provide additional fishing opportunities in the BSAI early
in the year and to 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 early March.
The 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
TAC recommended for the roe and non-roe seasons. Although most of the
pollock harvested during the roe season will be taken with pelagic
trawl gear and low halibut bycatch rates, any unused halibut bycatch
mortality apportioned to the roe season will be available after the roe
season.
The Council recommended three seasonal apportionments of the
halibut bycatch allowance specified for the Pacific cod hook-and-line
fishery. The intent of this recommendation was to provide amounts of
halibut necessary to support the harvest of the seasonal apportionments
of Pacific cod TAC listed in Table 4, as well as limit a hook-and-line
fishery for Pacific cod during summer months when halibut bycatch rates
are high. The third seasonal allowance of halibut bycatch mortality
will become available September 15, even though the third seasonal
allowance of Pacific cod specified for this fishery is available
September 1 (Table 4). This means that directed fishing for the third
seasonal allowance of Pacific cod by vessels using hook-and-line gear
will be prohibited until September 15. The intent of the Council's
recommendation was to limit fishing for Pacific cod by vessels using
hook-and-line gear during summer months, including the first half of
September, when halibut bycatch rates are relatively high. As
authorized under Sec. 679.21(e)(5)(iv), the Council further recommended
that any unused portion of the first seasonal halibut bycatch allowance
specified for the Pacific cod hook-and-line fishery be reapportioned to
the third seasonal allowance to avoid opportunity for additional
fishing for Pacific cod until September 15. The Council further
recommended that any overage of a halibut bycatch allowance would be
deducted from the remaining seasonal bycatch allowances specified for
1997 in amounts proportional to those remaining seasonal bycatch
allowances.
Table 8.--Final Seasonal Apportionments of the 1997 Pacific Halibut
Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
------------------------------------------------------------------------
Pacific
halibut
seasonal
------------------------------------------------------------------------
Trawl Fisheries Bycatch Allowances (mt)
Yellowfin sole:
Jan. 20-Mar. 31............................................ 210
Apr. 01-May 10............................................. 210
May 11-Aug. 14............................................. 100
Aug. 15-Dec. 31............................................ 410
----------
Total.................................................... 930
Rock sole/flathead sole/``other flatfish'':
Jan. 20-Mar. 31............................................ 485
Apr. 01-Jun. 30............................................ 130
Jul. 01-Dec. 31............................................ 180
----------
Total.................................................... 795
Rockfish:
Jan. 20-Mar. 31............................................ 30
Apr. 01-Jun. 30............................................ 45
Jul. 01-Dec. 31............................................ 25
----------
Total.................................................... 100
Pacific cod:
Jan. 20-Dec. 31............................................ 1,600
Pollock/Atka mackerel/``other species'':
Jan. 20-Apr. 15............................................ 300
Apr. 16-Dec. 31............................................ 50
----------
Total.................................................... 350
Non-Trawl Gear
Pacific cod hook-and-line: \1\
Jan. 01-Apr. 30............................................ 495
May 01-Sep. 14............................................. 40
Sep. 15-Dec. 31............................................ 305
----------
Total.................................................... 840
Other nontrawl:
Jan. 01-Dec. 31............................................ 60
------------------------------------------------------------------------
\1\ Any unused portion of the first seasonal halibut bycatch allowance
specified for the Pacific cod hook-and-line fishery will be
reapportioned to the third seasonal allowance. Any overage of a
seasonal halibut bycatch allowance would be deducted from the
remaining seasonal bycatch allowances specified for 1997 in amounts
proportional to those remaining seasonal bycatch allowances.
For purposes of monitoring the fishery halibut bycatch mortality
allowances and apportionments, the Regional Administrator will use
observed halibut bycatch rates and estimates of groundfish catch to
project when a fishery's halibut bycatch mortality allowance or
seasonal apportionment is reached. The Regional Administrator monitors
the fishery's halibut bycatch mortality allowances using assumed
mortality rates that are based on the best information available,
including information contained in the final annual SAFE report.
With one exception, the Council recommended that the assumed
halibut mortality rates developed by staff of the International Pacific
Halibut Commission (IPHC) for the 1997 BSAI groundfish fisheries be
adopted for purposes of monitoring halibut bycatch allowances
established for the 1997
[[Page 7177]]
groundfish fisheries. The IPHC's assumed halibut mortality rates
generally are based on an average of mortality rates determined from
NMFS observer data collected during 1994 and 1995. Assumed Pacific
halibut mortality rates for BSAI fisheries during 1997 are specified in
Table 9.
For the Pacific cod hook-and-line gear fishery, the Council
recommended an assumed rate of 11.5 percent (the rate used in 1996)
until such time in 1997 that the IPHC completes an analysis of 1996
observer data on halibut mortality rates in this fishery. The rate
recommended by IPHC staff based on 1994 and 1995 observer data was 14
percent. The Council's recommendation was made in response to public
testimony that the 1996 mortality rates improved substantially from
earlier years due to a voluntary information program developed by the
Pacific cod hook-and-line gear fleet to reduce halibut bycatch discard
mortality rates. The Council further recommended that once the IPHC's
analysis of 1996 data is complete, NMFS publish a notice in the Federal
Register to change the assumed mortality rate for the Pacific cod hook-
and-line fishery to reflect the 1996 observed mortality rate. NMFS
concurs with the Council's recommendation.
Table 9.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
During 1997
------------------------------------------------------------------------
Assumed
Fishery mortality
(percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
Rockfish................................................. 15
Pacific cod.............................................. 11.5
Greenland turbot......................................... 11
Sablefish................................................ 29
Trawl gear fisheries:
Midwater pollock......................................... 79
Nonpelagic pollock....................................... 76
Yellowfin sole........................................... 79
Rock sole................................................ 73
Flathead sole............................................ 65
Other flatfish........................................... 65
Rockfish................................................. 72
Pacific cod.............................................. 68
Atka mackerel............................................ 73
Arrowtooth flounder...................................... 66
Greenland turbot......................................... 66
Sablefish................................................ 23
Other species............................................ 68
Pot gear fisheries:
Pacific cod.............................................. 10
------------------------------------------------------------------------
Closures to Directed Fishing and Inseason Adjustment
Under Sec. 679.20(d), if the Regional Administrator determines that
the amount of a target species or ``other species'' category
apportioned to a fishery or, with respect to pollock, to an inshore or
offshore component allocation, is likely to be reached, the Regional
Administrator may establish a directed fishing allowance for the
species or species group. If the Regional Administrator established a
directed fishing allowance, and that allowance is or will be reached
before the end of the fishing year, NMFS will prohibit directed fishing
for that species or species group in the specified subarea or district.
Similarly, under Secs. 679.21(e)(7) and 679.21(e)(8), if the Regional
Administrator determines that a fishery category's bycatch allowance of
halibut, Pacific herring, red king crab, or C. bairdi Tanner crab for a
specified area has been reached, the Regional Administrator will
prohibit directed fishing for each species in that category in the
specified area.
The Regional Administrator has determined that the TAC amounts of
pollock in the Bogoslof District, Pacific ocean perch in the Bering Sea
subarea, shortraker/rougheye rockfish in the Aleutian Islands subarea,
sharpchin/northern rockfish in the Aleutian Islands subarea, other red
rockfish in the Bering Sea subarea and other rockfish in the Bering Sea
and Aleutian Islands subareas will be necessary as incidental catch to
support other anticipated groundfish fisheries. Therefore, NMFS is
prohibiting directed fishing for these target species in the specified
area identified in Table 10 to prevent exceeding the groundfish TACs
specified in Table 1 of this document.
A Zone 1 red king crab bycatch allowance of zero crab is specified
for the rockfish trawl fishery, which is defined at
Sec. 679.21(e)(3)(iv)(D). Similarly, the BSAI halibut bycatch allowance
specified for the Greenland turbot/arrowtooth flounder/sablefish trawl
fishery category, defined at Sec. 679.21(e)(3)(iv)(C), is 0 mt. The
BSAI herring bycatch allowance specified for the rock sole/flathead
sole/other flatfish trawl fishery category, defined at
Sec. 679.21(e)(3)(iv)(B)(2), also is 0 mt. The Regional Administrator
has determined, in accordance with Secs. 679.21(e)(7)(ii),
679.21(e)(7)(iv), and Sec. 679.21(e)(7)(v) that the red king crab
bycatch allowance specified for the trawl rockfish fishery in Zone 1,
the halibut bycatch allowance specified for the Greenland turbot/
arrowtooth flounder/sablefish trawl fishery category, and the Pacific
herring bycatch allowance specified for the rock sole/flathead sole/
other flatfish trawl fishery category have been caught. Therefore, NMFS
is prohibiting directed fishing for rockfish in Zone 1 by vessels using
trawl gear; for Greenland turbot, arrowtooth flounder, and sablefish in
the BSAI by vessels using trawl gear; and for rock sole, flathead sole,
and other flatfish in the Herring Savings Area defined at Sec. 679.2
(See Table 10.).
NMFS issues an inseason adjustment closing the RKCSS to directed
fishing for groundfish by vessels using nonpelagic trawl gear. This
action is necessary to prevent exceeding the 1997 red king crab bycatch
allowance specified for the RKCSS. The groundfish fishery by vessels
using trawl gear in the BSAI began January 20, 1997. Vessels fishing
for groundfish with nonpelagic trawl gear in Zone 1 south of 56 degrees
North latitude, the southern boundary of the red king crab savings
area, experienced high bycatch rates of red king crab, taking an
estimated 27,000 animals in three days. Historical data show that
bycatch rates of red king crab by vessels fishing for groundfish with
nonpelagic trawl gear increase with increasing latitude in the red king
crab savings area. If groundfish were available to vessels using
nonpelagic trawl gear in the RKCSS for a minimum time period, NMFS
anticipates that effort by those vessels would be substantial,
resulting in the allowance of 26,250 red king crab being exceeded. This
allowance is not expected to sustain the fishery although it is the
maximum amount allowed under Sec. 679.21(e)(3)(ii)(B)(2).
In accordance with Sec. 679.25(a)(2)(i)(B), NMFS has determined
that the red king crab for the red king crab bycatch allowance
specified for the RKCSS will not adequately provide for nonpelagic
trawl gear fishing operations in the subarea. Therefore, in accordance
with Sec. 679.25(a)(1)(i) and (a)(2)(i), the Regional Administrator has
determined that closing the RKCSS to directed fishing for groundfish by
vessels using nonpelagic trawl gear is necessary to prevent exceeding
the red king crab bycatch allowance specified for the subarea and is
the least restrictive measure to achieve that purpose. Without this
prohibition of fishing, red king crab bycatch in excess of the
allowance specified for the RKCSS would occur.
Under authority of the Interim 1997 Specifications (61 FR 60044,
November 26, 1996), NMFS closed directed fishing for atka mackerel in
the Eastern Aleutian District and the Bering Sea Subarea of the BSAI
effective 1200 hrs, A.l.t., February 4, 1997, through 2400 hrs, A.l.t.,
December 31, 1997 (62 FR 5781, February 7, 1997). The amount of TAC
remaining under the final specifications of groundfish following
closure under the interim specifications will be used as incidental
catch in directed fishing for other species in the
[[Page 7178]]
Eastern Aleutian District and Bering Sea Subarea. In accordance with
Sec. 679.20(d)(1)(iii), the closure to directed fishing for atka
mackerel in the Eastern Aleutian District and the Bering Sea Subarea of
the BSAI will remain in effect through 2400 hrs, A.l.t., December 31,
1997.
The closures listed in Table 10 supersede the closures announced in
the 1997 interim specifications (61 FR 60044, November 26, 1996 and
corrected at 62 FR 2445, January 16, 1997). In accordance with
Sec. 679.20(d)(1)(iii), Sec. 679.21(e)(7), and Sec. 679.25(a)(1)(i) and
(a)(2)(i), the closures listed in Table 10 will remain in effect
through 2400 hrs, A.l.t., December 31, 1997. While these closure are in
effect, the maximum retainable bycatch amounts at Sec. 679.20(e) apply
at any time during a fishing trip. Additional closures and restrictions
may be found in existing regulations at 50 CFR part 679.
Table 10.--Closures to Directed Fishing Under 1997 TACs \1\
------------------------------------------------------------------------
------------------------------------------------------------------------
Fishery (All Gear): Closed Area \2\
Pollock in Bogoslof District....... Statistical Area 518.
Pacific ocean perch................ Bering Sea subarea.
Other red rockfish \3\............. Bering Sea subarea.
Shortraker/rougheye rockfish....... Aleutian Islands subarea.
Sharpchin/northern rockfish........ Aleutian Islands subarea.
Other rockfish \4\................. BSAI.
Atka mackerel...................... Eastern Aleutian District and
Bering Sea Subarea.
Fishery (Trawl only):
Rockfish........................... Zone 1.
Greenland turbot, arrowtooth, BSAI.
sablefish.
Rock sole, flathead sole and other Herring Savings Area.
flatfish.
Groundfish (nonpelagic trawl gear). RKCSS.
------------------------------------------------------------------------
1 These closures to directed fishing are in addition to closures and
prohibitions found in regulations at 50 CFR part 679.
2 Refer to Sec. 679.2 for definitions of areas, subareas, Bycatch
Limitation Zone 1, and the Herring Savings Area, and to Figure 1 to
Part 679 for a description of BSAI Statistical Areas. The red king
crab savings subarea (RKCSS) is defined at Sec. 679.21(e)(3)(ii)(B).
3 ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and
northern.
4 In the BSAI, ``Other rockfish'' includes Sebastes and Sebastolobus
species except for Pacific ocean perch and the ``other red rockfish''
species.
Response to Comments
Comment 1. The draft environmental assessment prepared for the 1997
specifications provides an inadequate basis for a Finding of No
Significant Impact. The environmental impact statement (EIS) prepared
for the BSAI groundfish fishery was drafted 15 years ago. Since that
time, the conduct of the fisheries has changed, new information
regarding the affected groundfish species exists, and substantial and
unanalyzed questions exist regarding the impact of the groundfish
fisheries on the BSAI ecosystem. NMFS should prepare a supplement to
the EIS which fully evaluates the potential impacts of the groundfish
TACs on the BSAI ecosystem.
Response. NMFS acknowledges that the final EIS prepared for the
BSAI groundfish fishery is 15 years old. Nonetheless, NMFS believes the
final EA prepared for the 1997 BSAI groundfish specifications, as well
as the documents incorporated by reference into the EA, adequately
support a Finding of No Significant Impact (FONSI). The FONSI is based
on the best available information contained in the SAFE report on the
biological condition of groundfish stocks, the socioeconomic condition
of the fishing industry, and consultation with the Council at its
December 1996 meeting. For each species category, the Council
recommended harvest amounts such that catches at or below these amounts
would not result in overfishing as defined by the FMP. The Council's
recommended final TACs for many groundfish species differ from the
proposed TACs due to new information on status of stocks and/or changes
in exploitation strategy. Each of the Council's recommended TACs for
1997 is equal to or less than the ABC for each species category.
Therefore, NMFS finds that the recommended TACs are consistent with the
biological condition of the groundfish stocks.
Comment 2. The draft EA does not adequately assess the impact of
proposed 1997 fishing levels on the age class distribution of declining
stocks of pollock in the eastern Bering Sea, on endangered Steller sea
lions, or on the unlisted species also suffering population declines.
The draft EA also neglects to address dramatic increases in catches of
pollock and Atka mackerel in areas designated as critical foraging
habitat for Steller sea lions, the increasing effort directed on
spawning pollock in the winter months, and the geographic and temporal
concentration of fishing in the areas of the BSAI where the greatest
declines of sea lion, other marine mammals, and seabirds have occurred.
Response. The issues of concern identified in Comment 2 are
addressed within the scope of the final EA, as well as in the documents
incorporated by reference into the final EA. Efforts to identify
relationships between the Alaska groundfish fisheries and Steller sea
lions are ongoing, but any potential linkages remain unclear. Overlaps
between Steller sea lion prey and harvested species have been
identified, particularly with reference to pollock and Atka mackerel
stocks. However, no data currently are available to suggest that the
recommended ABCs for these or any other species will adversely impact
the recovery of Steller sea lions or other listed species. Participants
in the Alaskan groundfish fisheries are not expected to significantly
alter their fishing practices, either spatially or temporally, as a
result of the 1997 groundfish specifications nor operate in any manner
that would predictably pose obvious impacts to Steller Sea lions. New
information on the declining abundance of juvenile pollock in the
eastern Bering Sea is not expected to influence the fishery during
1997, because fishing effort will continue to concentrate on older age
classes that are spatially separate from juvenile aggregations.
Available information on the relationship between pollock spawner and
recruit biomass suggests that the remaining unharvested mature portion
of the stock is above the level that would cause further reductions in
pollock recruitment.
[[Page 7179]]
Classification
This action is authorized under 50 CFR part 679 and is exempt from
review under E.O. 12866.
This action adopts final 1997 harvest specifications for the BSAI,
implements associated management measures, releases reserves to certain
species ITACs, and closes specified fisheries. Generally, this action
does not significantly revise management measures in a manner that
would require time to plan or prepare for those revisions. In some
cases, such as closures, action must be taken immediately to conserve
fishery resources. In other cases, such as the apportionment of the
nonspecified reserve to specified ITAC amounts, action must be taken
immediately to convey a benefit to the industry in terms of providing
the opportunity to plan for the full harvest of specified TAC amounts.
Without the specified closures, prohibited species bycatch allowances
will be exceeded, established TAC amounts will be overharvested, and
retention of some groundfish species will become prohibited, which
would disadvantage fishermen who could no longer retain bycatch amounts
of these species. In some cases, the interim specifications in effect
would be insufficient to allow directed fisheries to operate during a
30-day delayed effectiveness period, which would result in unnecessary
closures and disruption within the fishing industry; in many of these
cases, the final specifications will allow the fisheries to continue
without interruption. The immediate effectiveness of this action is
required to provide consistent management and conservation of fishery
resources and to convey a benefit to fishermen by providing an
opportunity to harvest available TAC amounts. Accordingly, the
Assistant Administrator for Fisheries, NOAA (AA), finds good cause
exists to waive the 30-day delayed effectiveness period under 5 U.S.C.
553(d)(3) with respect to such provisions. Comments on the
apportionment of reserves will be received until February 27, 1997 (see
ADDRESSES).
The AA under authority of 5 U.S.C. 553(b)(B) finds good cause that
providing prior notice and an opportunity for public comment regarding
the inseason adjustment closing the red king crab savings subarea of
the BSAI is impracticable and contrary to the public interest.
Similarly, under authority of 5 U.S.C. 553(d)(3), the AA finds good
cause to waive the 30-day delay in effective date and immediate
effectiveness is necessary to prevent exceeding the red king crab
bycatch allowance specified for the RKCSS. Under Sec. 679.25(c)(2),
interested persons are invited to submit written comments on this
action to the above address until February 27, 1997.
Pursuant to section 7 of the Endangered Species Act, NMFS and the
U.S. Fish and Wildlife Service have determined that the groundfish
fisheries operating under the 1997 BSAI TAC specifications are unlikely
to jeopardize the continued existence or recovery of species listed as
endangered or threatened or to adversely modify critical habitat of
these species.
NMFS prepared an EA on the 1997 TAC specifications. The AA
concluded that no significant impact on the environment will result
from their implementation. A copy of the EA is available (see
ADDRESSES).
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this final specification will
not have a significant economic impact on a substantial number of small
entities. The number of fixed gear and trawl catcher vessels expected
to be operating as small entities in the Bering Sea and Aleutian
Islands groundfish fishery is 356, excluding catcher/processor vessels.
All these small entities will be affected by the harvest limits
established in the 1997 specifications but changes from 1996 are
relatively minor and are expected to be shared proportionally among
participants. For this reason, the expected effects would not likely
cause a reduction in gross revenues of more than 5 percent, increase
compliance costs by more than 10 percent, or force small entities out
of business.
The Alaska commercial fishing industry is accustomed to shifting
effort among alternative species and management areas in response to
changes in TAC between years and inseason closures. Such mobility is
necessary to survive in the open access fishery. Therefore, the annual
specification process for Alaska groundfish for 1997 would not have
significant economic impact on a significant number of small entities.
No comments were received regarding this regulatory flexibility act
certification. Thus no regulatory flexibility analysis was prepared.
Authority: 16 U.S.C. 773 et seq. and 1801 et seq.
Dated: February 12, 1997.
Nancy Foster,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-3952 Filed 2-12-97; 4:30 pm]
BILLING CODE 3510-22-P
