[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Rules and Regulations]
[Pages 8179-8187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4456]
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DEPARTMENT OF COMMERCE
50 CFR Part 679
[Docket No. 961126334-7025-02; I.D. 111296A]
RIN 0648-XX74
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Final 1997 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1997 harvest specifications for groundfish and associated
management measures; closures.
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SUMMARY: NMFS announces final 1997 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 1997 fishing year. NMFS is also
closing fisheries as specified in the final 1997 groundfish
specifications. These measures are intended to carry out management
objectives contained in the Fishery Management Plan for Groundfish of
the Gulf of Alaska (FMP).
EFFECTIVE DATES: The final 1997 harvest specifications are effective at
noon on February 19, 1997 through 2400 hrs, Alaska local time (A.l.t.),
December 31, 1997, or until changed by subsequent notification in the
Federal Register. The closures to directed fishing are effective
February 19, 1997 through 2400 hrs, A.l.t., December 31, 1997, or until
changed by subsequent notification in the Federal Register.
ADDRESSES: Copies of the Environmental Assessment (EA) for 1997
Groundfish Total Allowable Catch Specifications, dated January 1997,
may be obtained from NMFS, Fisheries Management Division, P.O. Box
21668, Juneau, AK 99802-1668, Attn: Lori Gravel, or by calling 907-586-
7228. The Final Stock Assessment and Fishery Evaluation Report (SAFE
report), dated November 1996, is available from the North Pacific
Fishery Management Council, 605 West 4th Avenue, Suite 306, Anchorage,
AK 99501-2252, or by calling 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Thomas Pearson 907-486-6919.
SUPPLEMENTARY INFORMATION:
Background
Groundfish fisheries in the exclusive economic zone of the GOA are
managed by NMFS according to the FMP. The FMP was prepared by the North
Pacific Fishery Management Council (Council) under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act. The FMP is
implemented by regulations at 50 CFR part 679.
NMFS announces for the 1997 fishing year: (1) Specifications of
total allowable catch (TAC) amounts for each groundfish species
category in the GOA, and reserves; (2) apportionments of reserves; (3)
allocations of the sablefish TAC to vessels using hook-and-line and
trawl gear; (4) apportionments of pollock TAC among regulatory areas,
seasons, and allocations for processing between inshore and offshore
components; (5) allocations for processing of Pacific cod TAC between
inshore and offshore components; (6) ``other species'' TAC; (7)
closures to directed fishing; (8) Pacific halibut prohibited species
catch (PSC) limits; and (9) fishery and seasonal apportionments of the
Pacific 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. Pursuant to
Sec. 679.20(a)(2), 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. 679.20(a)(1)(ii).
The Council met from September 18 through 22, 1996, and developed
recommendations for proposed 1997 TAC specifications for each species
category of groundfish on the basis of the best available scientific
information. The Council also recommended other management measures
pertaining to the 1997 fishing year. Under Sec. 679.20(c)(1)(ii), the
proposed GOA groundfish specifications and specifications for
prohibited species bycatch allowances for the groundfish fishery of the
GOA were published in the Federal Register on December 4, 1996 (61 FR
64310). Comments were invited through December 30, 1996. Two letters
were received that expressed a comment on the environmental assessment
prepared for the 1997 GOA specifications. The comment is summarized and
responded to below in the Response to Comments
[[Page 8180]]
section. Interim amounts of one-fourth the TAC were published in the
Federal Register on December 4, 1996 (61 FR 64299). The final 1997
initial groundfish harvest specifications and prohibited species
bycatch allowances implemented under this action supersede the interim
1997 specifications.
The Council met December 11 through 15, 1996, to review the best
available scientific information concerning groundfish stocks and to
consider public testimony regarding 1997 groundfish fisheries.
Scientific information is contained in the November 1996 SAFE report
for the GOA. The SAFE report was prepared and presented by the GOA Plan
Team (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 status of groundfish stocks,
based on the most recent catch data, survey data, and biomass
projections using different modeling approaches or assumptions.
For establishment of the acceptable biological catches (ABCs) 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 overfishing level (OFL) recommendations from the Plan
Team, which were provided in the SAFE report, for all groundfish
species categories, except for the nearshore pelagic shelf rockfish
species (black rockfish and blue rockfish) in the Eastern and Western
GOA. The SSC also adopted the ABC recommendations from the Plan Team,
which were provided in the SAFE report, for all of the groundfish
species categories, except sablefish, nearshore pelagic shelf rockfish
in the Eastern and Western GOA, and Atka mackerel.
The SSC did not adopt the Plan Team's recommendation of ABC for
sablefish. The SSC received additional information from NMFS stock
assessment scientists that both the Plan Team's ABC recommendation and
an ABC based on the F40% strategy adjusted by biomass would
increase the actual exploitation rate. This fact, combined with 15
years of low recruitment, which could result in the biomass declining
below the lowest observed levels since 1979, led the SSC to agree with
the assessment authors' recommendation for ABC. The Council accepted
the SSC's recommendation.
The Plan Team recommended the division of the pelagic shelf
rockfish assemblage into nearshore (black rockfish and blue rockfish)
and offshore (dusky, widow, and yellowtail rockfish) assemblages. The
Plan Team recommended an OFL and ABC for the Central GOA based, on
historic harvests, and for the Eastern and Western GOA based, on an
approximation of the amount of nearshore rockfish habitat relative to
the Central GOA. The SSC adopted the Plan Team's recommendations for
separating the pelagic shelf rockfish assemblage into nearshore and
offshore assemblages in the Central GOA but did not agree with the Plan
Team's apportionment method for the Eastern and Western GOA nearshore
and offshore species because very little information is available, and
the method assumes an equal density-per-unit area that has not been
demonstrated. The Council accepted the SSC's recommendation.
The SSC also did not accept the Plan Team's ABC (1,580 mt) for Atka
mackerel. The Plan Team's recommendation was based upon the most recent
year's harvest in 1996. The SSC noted that a brief directed fishery
occurred in 1996, whereas none occurred in the 1995 fishing year. The
SSC concluded that the gulfwide 1995 harvest of 801 mt more accurately
reflects the amount of bycatch needed in other directed fisheries
through the fishing year and adopted the assessment authors'
recommendation of an ABC of 1,000 mt. The SSC agreed with the Plan Team
that the ABC for Atka mackerel be 1,000 mt for the entire GOA. The
Council accepted the SSC's recommendation.
The Council adopted the SSC ABC recommendations for each species
category. The Council's recommended ABCs, listed in Table 1, reflect
harvest amounts that are less than the specified overfishing amounts
(Table 1). The sum of 1997 ABCs for all groundfish is 493,050 mt, which
is higher than the 1996 ABC total of 475,170 mt.
1. Specifications of TAC and Reserves
The Council recommended TACs equal to ABCs for pollock, deep-water
flatfish, rex sole, sablefish, northern rockfish, shortraker/rougheye
rockfish, pelagic shelf rockfish including the split in the assemblage
in the Central GOA between nearshore and offshore species, demersal
shelf rockfish, Atka mackerel, and thornyhead rockfish. The Council
recommended TACs less than the ABC for Pacific cod, flathead sole,
shallow-water flatfish, arrowtooth, other slope rockfish, and Pacific
ocean perch (Table 1).
The TAC for pollock has increased gulfwide but has decreased in the
Western GOA from 25,480 mt in 1996 to 18,600 mt in 1997. This
apportionment of TAC in the Central and Western GOA reflects the
current biomass distribution. For 1997, the State of Alaska has
established a guideline harvest level (GHL) of 1,800 mt for pollock in
Prince William Sound (PWS). The SSC did not have information to
indicate whether the PWS pollock fishery exploits a stock that is
independent of the assessed GOA pollock population. Therefore, the SSC
recommended that PWS pollock harvests be applied against the total GOA
ABC of pollock. NMFS will deduct harvest of pollock in PWS from the
Eastern GOA TAC in 1997.
The 1997 Pacific cod TAC is affected by the State of Alaska's plan
to develop a state-managed fishery for Pacific cod in state waters in
the Central and Western GOA, as well as PWS. The SSC, AP, and Council
recommended that the sum of all Pacific cod removals should not exceed
the ABC. The Council recommended that the TAC for the Eastern GOA be
lower than the ABC by 400 mt, the amount of the proposed GHL for PWS.
The TACs for the Central and Western GOA are also recommended to be
lower than the ABCs by 7,710 mt and 4,275 mt respectively, the amount
of the proposed GHLs for these areas. The Council requested that NMFS
review, by October 1997, the likelihood that the State of Alaska's GHLs
of Pacific cod will be achieved in 1997. If unused amounts of the
State's 1997 GHLs are anticipated, the Council requested that NMFS make
these amounts available to fishermen participating in the federally
managed fishery by October 1, 1997.
The Council accepted the AP recommendation that the TACs for
flathead sole, shallow-water flatfish, and arrowtooth flounder be set
at 1996 TAC levels, which are lower than their respective 1997 ABC
specifications. With respect to ``other rockfish'' in the Eastern GOA,
the Council recommended that NMFS establish a TAC that would provide
for bycatch only. NMFS has reviewed bycatch needs for ``other
rockfish'' and has set a TAC at 1,500 mt, which will provide enough for
bycatch needs.
The Council reduced the AP's recommendation for Pacific ocean perch
(POP) TACs in the Western and Central Gulf by 20 percent to 1,472 mt
and 5,352 mt respectively to create a management buffer between ABC and
TAC to account for harvest overages that occurred during 1996. In the
Eastern GOA, the Council recommended that the POP TAC be reduced from
the 1997 ABC of 4,460 mt to the 1996 TAC level of 2,366 mt to reduce
the bycatch of shortraker and rougheye rockfish in the POP fishery.
[[Page 8181]]
Amendment 38 to the FMP was approved October 2, 1996 (61 FR 51374)
giving the Council the alternative of recommending a lower POP TAC in
the annual specification process for the purpose of addressing
biological or resource conservation concerns that are not addressed
under the Rebuilding Plan or SAFE reports.
The sum of the TACs for all GOA groundfish is 282,815 mt, which is
within the OY range specified by the FMP. The sum of the TACs is higher
than the 1996 TAC sum of 260,207 mt.
NMFS has reviewed the Council's recommendation for TAC
specifications and apportionments and hereby approves these
specifications under Sec. 679.20(c)(3)(ii). The TAC for ``other
species'' is calculated as 5 percent of the sum of TACs for the other
groundfish species categories, or 13,470 mt.
The 1997 ABCs, TACs, and overfishing levels are shown in Table 1.
Table 1.--1997 ABCs, TACs, Initial TACs (Pacific Cod Only) and Overfishing Levels 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
----------------------------------------------------------------------------------------------------------------
Initial TAC Overfishing
Species and area \1\ ABC (mt) TAC (mt) (mt)\2\ (mt)
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Pollock:\3\
Shumagin (610).......................................... 18,600 18,600 ........... ...........
Chirikof (620).......................................... 31,250 31,250 ........... ...........
Kodiak (630)............................................ 24,550 24,550
---------------------------------------------------
Subtotal:
W/C............................................. 74,400 74,400 ........... 103,500
E............................................... 5,580 5,580 ........... 7,770
---------------------------------------------------
Total............................................... 79,980 79,980 ........... 111,270
---------------------------------------------------
Pacific cod:\4\
W....................................................... 28,500 24,225 19,380 ...........
C....................................................... 51,400 43,690 34,952 ...........
E....................................................... 1,600 1,200 960 ...........
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Total............................................... 81,500 69,115 55,292 180,000
---------------------------------------------------
Flatfish \5\ (deep-water):
W....................................................... 340 340 ........... ...........
C....................................................... 3,690 3,690 ........... ...........
E....................................................... 3,140 3,140 ........... ...........
---------------------------------------------------
Total............................................... 7,170 7,170 ........... 9,440
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Rex sole:\5\
W....................................................... 1,190 1,190 ........... ...........
C....................................................... 5,490 5,490 ........... ...........
E....................................................... 2,470 2,470 ........... ...........
---------------------------------------------------
Total............................................... 9,150 9,150 ........... 11,920
---------------------------------------------------
Flathead sole:
W....................................................... 8,440 2,000 ........... ...........
C....................................................... 15,630 5,000 ........... ...........
E....................................................... 2,040 2,040 ........... ...........
---------------------------------------------------
Total............................................... 26,110 9,040 ........... 34,010
---------------------------------------------------
Flatfish \6\ (shallow-water):
W....................................................... 22,570 4,500 ........... ...........
C....................................................... 19,260 12,950 ........... ...........
E....................................................... 1,320 1,180 ........... ...........
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Total............................................... 43,150 18,630 ........... 59,540
---------------------------------------------------
Arrowtooth flounder:
W....................................................... 31,340 5,000 ........... ...........
C....................................................... 142,100 25,000 ........... ...........
E....................................................... 24,400 5,000 ........... ...........
---------------------------------------------------
Total............................................... 197,840 35,000 ........... 280,800
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Sablefish:\7\
W....................................................... 1,860 1,860 ........... ...........
C....................................................... 6,410 6,410 ........... ...........
WYK..................................................... 2,410 2,410 ........... ...........
[[Page 8182]]
SEO..................................................... 3,840 3,840 ........... ...........
---------------------------------------------------
Total............................................... 14,520 14,520 ........... 39,950
---------------------------------------------------
Pacific \8\ ocean perch:
W....................................................... 1,840 1,472 ........... 2,790
C....................................................... 6,690 5,352 ........... 10,180
E....................................................... 4,460 2,366 ........... 6,790
---------------------------------------------------
Total............................................... 12,990 9,190 ........... 19,760
---------------------------------------------------
Short raker/rougheye:\9\
W....................................................... 160 160 ........... ...........
C....................................................... 970 970 ........... ...........
E....................................................... 460 460 ........... ...........
---------------------------------------------------
Total............................................... 1,590 1,590 ........... 2,740
---------------------------------------------------
Other rockfish:10, 11, 12
W....................................................... 20 20 ........... ...........
C....................................................... 650 650 ........... ...........
E....................................................... 4,590 1,500 ........... ...........
---------------------------------------------------
Total............................................... 5,260 2,170 ........... 7,560
---------------------------------------------------
Northern Rockfish:\13\
W....................................................... 840 840 ........... ...........
C....................................................... 4,150 4,150 ........... ...........
E....................................................... 10 10 ........... ...........
---------------------------------------------------
Total............................................... 5,000 5,000 ........... 9,420
---------------------------------------------------
Pelagic shelf rockfish:\14\
W combined.............................................. 570 570 ........... ...........
C nearshore............................................. 260 260 ........... ...........
C offshore.............................................. 3,320 3,320 ........... ...........
E combined.............................................. 990 990 ........... ...........
---------------------------------------------------
Total............................................... 5,140 5,140 ........... 8,400
---------------------------------------------------
Demersal shelf rockfish:\12\ SEO............................ 950 950 ........... 1,450
Thornyhead rockfish: GW..................................... 1,700 1,700 ........... 2,400
Atka mackerel: GW........................................... 1,000 1,000 ........... 6,200
Other \15\ species: GW...................................... N/A\16\ 13,470 ........... ...........
---------------------------------------------------
Total \17\.............................................. 493,050 282,815 55,292 784,860
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\1\ Regulatory areas and districts are defined at Sec. 679.2.
\2\ Twenty percent of Pacific cod TAC is put into a reserve. The initial TAC is the remaining TAC after
subtracting the reserve (see Sec. 679.20(b)(2) and ``Apportionments of Reserves'' below).
\3\ Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3),
each of which is further divided into three seasonal allowances. In the Eastern Regulatory Area, pollock is
not divided into seasonal allowances.
\4\ Pacific cod is allocated 90 percent for processing by the inshore, and 10 percent for processing by the
offshore component. Component allocations are shown in Table 4.
\5\ ``Deep water flatfish'' means Dover sole and Greenland turbot.
\6\ ``Shallow water flatfish'' means flatfish not including ``deep water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\7\ Sablefish is allocated to trawl and hook-and-line gears (Table 2).
\8\ ``Pacific ocean perch'' means Sebastes alutus.
\9\ ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).
\10\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means
Slope rockfish.
\11\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), 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).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Northern rockfish'' means Sebastes polyspinis.
\14\ ``Pelagic shelf rockfish'' means Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S.
entomelas (widow), and S. flavidus (yellowtail). ``Pelagic shelf rockfish nearshore'' means Sebastes melanops
(black) and S. mystinus (blue). ``Pelagic shelf rockfish offshore'' means Sebastes ciliatus (dusky), S.
entomelas (widow), and S. flavidus (yellowtail).
[[Page 8183]]
\15\ ``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.
\16\ N/A means not applicable.
\17\ The total ABC is the sum of the ABCs for target species.
2. Apportionments of Reserves
Regulations implementing the FMP require 20 percent of each TAC for
pollock, Pacific cod, flounder, and the ``other species'' category be
set aside in reserves for possible apportionment at a later date
(Sec. 679.20(b)(2)). For the preceding 9 years, including 1996, NMFS
has reapportioned all of the reserves in the final harvest
specifications. NMFS proposed reapportionment of all reserves for 1997
in the proposed GOA groundfish specifications published in the Federal
Register on December 4, 1996 (61 FR 64310). NMFS received no public
comments on the proposed reapportionments. For 1997, NMFS reapportions
all the reserves for pollock, flounder, and ``other species.'' NMFS is
retaining the Pacific cod reserves at this time to provide for a
management buffer to account for excessive fishing effort and/or
incomplete or late catch reporting. In recent years, unpredictable
increases in fishing effort and harvests, uncertainty of bycatch needs
in other directed fisheries throughout the year, and untimely
submission and revision of weekly processing reports have resulted in
early and late closures of the Pacific cod fishery. NMFS believes that
the retention of Pacific cod reserve amounts to provide for TAC
management difficulties later in the year is a conservative approach
that will lead to a more orderly fishery and provide greater assurance
that Pacific cod bycatch may be retained throughout the year.
Specifications of TAC shown in Table 1 reflect apportionment of reserve
amounts for pollock, flatfish species, and ``other species.'' Table 1
also lists the initial TACs for Pacific cod that reflect the
withholding of the Pacific cod TAC reserves as follows: 4,845 mt in the
Western GOA, 8,738 mt in the Central GOA, and 240 mt in the Eastern
GOA.
3. Allocations of the Sablefish TACs to Vessels Using Hook-and-Line and
Trawl Gear
Under Sec. 679.20(a)(4)(i) and (ii), sablefish TACs for each of the
regulatory areas and districts are allocated to hook-and-line and trawl
gear. In the Western and Central Regulatory Areas, 80 percent of each
TAC is allocated to hook-and-line gear and 20 percent to trawl gear. In
the Eastern Regulatory Area, 95 percent of the TAC is allocated to
hook-and-line gear and 5 percent is allocated 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 allocations of the 1997 sablefish TACs between hook-
and-line and trawl gear.
Table 2.--1997 Sablefish TAC Specifications in the Gulf of Alaska and Allocations Thereof to Hook-And-Line and
Trawl Gear
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Hook-and-
Area/district TAC line share Trawl share
----------------------------------------------------------------------------------------------------------------
Western.................................................................. 1,860 1,488 372
Central.................................................................. 6,410 5,128 1,282
West Yakutat............................................................. 2,410 2,290 120
Southeast Outside........................................................ 3,840 3,648 192
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Total................................................................ 14,520 12,554 1,966
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4. Apportionments of Pollock TAC Among Regulatory Areas, Seasons, and
Allocation for Processing Between Inshore and Offshore Components
In the GOA, pollock is apportioned by area, season, and allocated
for processing by inshore and offshore components. Regulations at
Sec. 679.20(a)(5)(ii)(A) require that the TAC for pollock in the
combined Western and Central GOA be apportioned among statistical areas
Shumagin (610), Chirikof (620), and Kodiak (630) in proportion to the
known distribution 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
apportioned into three seasonal allowances of 25, 25, and 50 percent,
respectively (Sec. 679.20(a)(5)(ii)(B)). As established under
Sec. 679.23(d)(2), the first, second, and third seasonal allowances are
available on January 1, June 1, and September 1, respectively. Within
any fishing year, any unharvested amount of any seasonal allowance of
pollock TAC is added in equal proportions to all subsequent seasonal
allowances, resulting in a sum for each allowance not to exceed 150
percent of the initial seasonal allowance. Similarly, harvests in
excess of a seasonal allowance of TAC are deducted in equal proportions
from the remaining seasonal allowances of that fishing year. The
Eastern Regulatory Area pollock TAC of 5,580 mt is not allocated among
smaller areas or seasons.
Regulations at Sec. 679.20(a)(6)(ii) require that the pollock TAC
in all regulatory areas and all seasonal allowances thereof be
allocated for processing by the inshore and offshore components. One
hundred percent of the pollock TAC in each regulatory area is allocated
to vessels catching pollock for processing by the inshore component
after subtraction of amounts that are projected by the Administrator,
Alaska Region, NMFS (Regional Administrator) to be caught by, or
delivered to, the offshore component incidental to directed fishing for
other groundfish species. The amount of pollock available for harvest
by vessels harvesting pollock for processing by the offshore component
is that amount actually taken as bycatch during directed fishing for
groundfish species other than pollock, up to the maximum retainable
bycatch amounts allowed under regulations at Sec. 679.20(e). At this
time, these bycatch amounts are unknown and will be determined during
the fishing year. The distribution of pollock within the combined
Western and Central Regulatory Areas is shown
[[Page 8184]]
in Table 3, except allocations of pollock for processing by the inshore
and offshore component are not shown.
Table 3.--Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/C GOA);
Biomass Distribution, Area Apportionments, and Quarterly Allowances. ABC for the W/C GOA is 74,400 Metric Tons
(MT). Biomass Distribution is Based on 1996 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.
----------------------------------------------------------------------------------------------------------------
Seasonal allowances
Statistical area Biomass 1997 ABC = --------------------------------------
percent TAC First Second Third
----------------------------------------------------------------------------------------------------------------
Shumagin (610)................................. 25 18,600 4,650 4,650 9,300
Chirikof (620)................................. 42 31,250 7,812 7,812 15,626
Kodiak (630)................................... 33 24,550 6,138 6,138 12,274
----------------------------------------------------------------
Total...................................... 100 74,400 18,600 18,600 37,200
----------------------------------------------------------------------------------------------------------------
5. Allocations for Processing of Pacific Cod TAC Between Inshore and
Offshore Components
Regulations at Sec. 679.20(a)(6)(iii) require that the TAC
apportionment of Pacific cod in all regulatory areas be allocated to
vessels catching Pacific cod for processing by the inshore and offshore
components. Ninety percent of the Pacific cod TAC in each regulatory
area is allocated to vessels catching Pacific cod for processing by the
inshore component. The remaining 10 percent of the TAC is allocated to
vessels catching Pacific cod for processing by the offshore component.
These allocations of the 69,115 mt Pacific cod TAC for 1997 are shown
in Table 4. The Pacific cod reserves are not included in the table.
Table 4.--1997 Allocation (Metric Tons) of Pacific Cod Initial TAC
Amounts in the Gulf of Alaska; Allocations for Processing by the Inshore
and Offshore Components
------------------------------------------------------------------------
Component
allocation
Regulatory area Initial ------------------
TAC Inshore Offshore
(90%) (10%)
------------------------------------------------------------------------
Western..................................... 19,380 17,442 1,938
Central..................................... 34,952 31,457 3,495
Eastern..................................... 960 864 96
---------------------------
Total................................... 55,292 49,763 5,529
------------------------------------------------------------------------
6. ``Other Species'' TAC
The FMP specifies that amounts for the ``other species'' category
are calculated as 5 percent of the combined TAC amounts for target
species. The GOA-wide ``other species'' TAC is 13,470 mt, which is 5
percent of the sum of the combined TAC amounts for the target species.
7. Closures to Directed Fishing
The ``Interim 1997 Harvest Specifications of Groundfish, Associated
Management Measures, and Closures'' for the GOA (61 FR 64299, December
4, 1996) contained several closures to directed fishing for groundfish
during 1997. The closures for the final specifications, which supersede
the closures announced in the interim specifications, are listed in
Table 5.
Under Sec. 679.20(d)(1)(iii)(A), the Regional Administrator
determined that the entire TACs or allocations of TAC of groundfish
species and species groups listed in Table 5 will be needed as
incidental catch to support other anticipated groundfish fisheries
during 1997. The Regional Administrator 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. Maximum
retainable bycatch amounts for the aforementioned closures may be found
at Sec. 679.20(e).
Under authority of the interim 1997 specifications (61 FR 64299,
December 4, 1996), pollock fishing opened on January 1, 1997, for
amounts specified in that notice. NMFS has since closed Statistical
Area 610 to directed fishing for pollock, effective 1200 hrs, A.l.t.,
January 26, 1997 (62 FR 4192, January 29, 1997); Statistical Area 620
to directed fishing for pollock, effective 1200 hrs, A.l.t., February
7, 1997 (62 FR 6132, February 11, 1997); and Statistical Area 630 to
directed fishing for pollock, effective 1200 hrs, A.l.t., February 4,
1997 (62 FR 5781, February 7, 1997). The closures for Statistical Areas
610-630 will remain in effect until 1200 hrs, A.l.t., June 1, 1997, or
until changed by subsequent notification in the Federal Register. The
above closures are in addition to the closures listed in Table 5.
Table 5.--Closures To Directed Fishing For Total Allowable Catches Implemented By This Action.\1\ Both = Offshore and Inshore Components; Offshore =
Offshore Component; All = All Gears; WG = Western Regulatory Area; EG = Eastern Regulatory Area; GOA = Entire Gulf of Alaska
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fishery Component Gear Closed areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atka mackerel.................................. Both................................... All................................... GOA.
Northern rockfish.............................. Both................................... All................................... WG, EG.
Deep-water flatfish............................ Both................................... All................................... WG.
Other rockfish \2\............................. Both................................... All................................... GOA.
[[Page 8185]]
Pacific cod.................................... Offshore............................... All................................... GOA.
Pollock........................................ Offshore............................... All................................... GOA.
Sablefish...................................... Both................................... All................................... GOA.
Shortraker/rougheye rockfish................... Both................................... All................................... GOA.
Thornyhead rockfish............................ Both................................... All................................... GOA.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These closures to directed fishing are in addition to closures and prohibitions found in regulations at 50 CFR part 679.
\2\ Other rockfish includes slope and demersal shelf rockfish in the Western and Central GOA.
8. Pacific Halibut Prohibited Species Catch (PSC) Mortality Limits
Under Sec. 679.21(d), annual Pacific halibut PSC limits are
established and apportioned to trawl and hook-and-line gear and may be
established for pot gear.
As in 1996, the Council recommended that pot gear, jig gear, and
the hook-and-line sablefish fishery be exempted from the non-trawl
halibut limit for 1997. The Council recommended these exemptions
because of the low halibut bycatch mortality experienced in the pot
gear fisheries (17 mt in 1996) and the jig gear fisheries (not
estimated in 1996) and because of the 1995 implementation of the
sablefish and halibut Individual Fishing Quota program, which allows
legal-sized halibut to be retained in the sablefish fishery.
As in 1996, the Council recommended a hook-and-line halibut PSC
mortality limit of 300 mt. Ten mt of this limit are apportioned to the
DSR fishery. The remainder is seasonally apportioned among the non-
sablefish hook-and-line fisheries as shown in Table 6.
The Council continued to recommend a trawl PSC mortality limit of
2,000 mt. The PSC limit has remained unchanged since 1989. Regulations
at Sec. 679.21(d)(3)(iii) authorize separate apportionments of the
trawl halibut PSC limit between trawl fisheries for deep-water and
shallow-water species fisheries. Regulations at Sec. 679.21(d)(5)
authorize seasonal apportionments of halibut PSC limits.
NMFS concurs with the Council's recommendations listed above. The
following types of information as presented in, and summarized from,
the 1996 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 1996 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 28,
1996, is 1,964 mt, 172 mt, and 17 mt, respectively, for a total of
2,153 mt.
Halibut bycatch restrictions seasonally constrained trawl gear
fisheries throughout the year. Trawling for the deep-water fishery
complex was closed during the first quarter on March 21, 1996 (61 FR
13462), for the second quarter on April 15, 1996 (61 FR 17256) and for
the third quarter on August 7, 1996 (61 FR 41523). The shallow-water
fishery complex was closed in the second quarter on May 13, 1996 (61 FR
24729) and in the third quarter on August 5, 1996 (61 FR 41363). All
trawling was closed in the fourth quarter on December 2, 1996 (61 FR
64487).
The amount of groundfish that trawl gear might have harvested if
halibut had not been seasonally limiting in 1996 is unknown.
(B) Expected Changes in Groundfish Stocks
At its December 1996 meeting, the Council adopted higher ABCs for
pollock, Pacific cod, and POP than those established for 1996. The
Council adopted lower ABCs for deep-water flatfish, rex sole, flathead
sole, shallow-water flatfish, arrowtooth flounder, sablefish, other
rockfish, northern rockfish, shortraker and rougheye rockfish, pelagic
shelf rockfish, and Atka mackerel than those established for 1996. More
information on these changes is included in the Final SAFE Report dated
November 1996 and in the Council and SSC minutes.
(C) Expected Changes in Groundfish Catch
The total of the 1997 TACs for the GOA is 282,815 mt, a slight
increase from the 1996 TAC total of 260,207 mt. At its December 1996
meeting, the Council changed the 1997 TACs for some fisheries from the
1996 TACs. Those fisheries for which the 1997 TACs are lower than in
1996 are deep-water flatfish (decreased to 7,170 mt from 11,080 mt),
rex sole (decreased to 9,150 mt from 9,690 mt), flathead sole
(decreased to 9,040 mt from 9,740), sablefish (decreased to 14,520 mt
from 17,080 mt), northern rockfish (decreased to 5,000 mt from 5,270
mt), shortraker and rougheye rockfish (decreased to 1,590 from 1,910
mt), pelagic shelf rockfish (decreased to 5,140 from 5,190 mt), and
Atka mackerel (decreased to 1,000 mt from 3,240 mt). Those species for
which the 1997 TACs are higher than in 1996 are pollock (increased to
79,980 mt from 54,810 mt), Pacific cod (increased to 69,115 mt from
65,000 mt), POP (increased to 9,190 mt from 6,959 mt), other rockfish
(increased to 2,170 mt from 2,020 mt), and other species (increased to
13,470 mt from 12,390 mt).
(D) Current Estimates of Halibut Biomass and Stock Condition
The stock assessment for 1996 conducted by the IPHC indicates that
the total exploitable biomass and recruitment of Pacific halibut in the
Bering Sea and Aleutian Islands and GOA has been underestimated in
previous years. Due to substantial changes in the assessment model and
methods, new estimates of exploitable biomass are not yet available but
will be included in next year's SAFE.
The increase in estimated biomass under the new method can be
attributed to three factors: (1) Halibut size at age information (a
growth rate parameter) is better represented in the population model.
Growth rates have declined, and the new method more appropriately
accounts for the capture of young halibut by setline gear. The
estimated abundance of young halibut has increased accordingly; (2)
bycatch mortality of legal-sized halibut (32 inches or greater) is now
included in the assessment along with other removals such as commercial
and sport. This increases the estimated biomass to account for the
increase in removals; and (3) catch rates from IPHC setline
[[Page 8186]]
surveys are included in the analysis. These data support trends
observed in the commercial fishery that the halibut population has
increased.
The old method not only underestimated the exploitable biomass of
halibut in recent years, but the catch limits were set lower than they
might have been if it had been known that biomass was being
underestimated. This low rate of exploitation plus above average
recruitment of juvenile halibut during the 1980s allowed halibut
abundance to increase beyond historically normal levels. The 1987 year
class of halibut, although small in individual size, appears to be very
abundant. The strength of this year class has increased current
estimates of abundance and suggests that halibut biomass is likely to
stay high for the next several years.
(E) Other Factors
Potential impacts of expected fishing for groundfish on halibut
stocks and U.S. halibut fisheries and methods available for, and costs
of, reducing halibut bycatch in the groundfish fisheries were discussed
in the proposed 1997 specifications (61 FR 64310, December 4, 1996).
That discussion is not repeated here.
9. Fishery and Seasonal Apportionments of the Halibut PSC Limits
Under Sec. 679.21(d)(5), NMFS seasonally apportions 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 apportionments 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 relative 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 publication of the final 1996 initial groundfish and PSC
specifications (61 FR 4304, February 5, 1996) 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 for 1996. Pacific halibut PSC limits, and apportionments
thereof, are presented in Table 6. Regulations specify that any
overages or shortfalls in a seasonal apportionment of a PSC limit will
be deducted from or added to the next respective seasonal apportionment
within the 1997 season.
Table 6.--Final 1997 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC Limit for Hook-and-Line Gear is Allocated to
the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than DSR
[Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Dates Amount ---------------------------------------------------------------------------------------------
Dates Amount Dates Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31............................. 600 (30%) Jan 1-May 17................ 250 (86%) Jan 1-Dec 31................ 10 (100%)
Apr 1-Jun 30............................. 400 (20%) May 18-Aug 31............... 15 (5%)
Jul 1-Sep 30............................. 600 (30%) Sep 1-Dec 31................ 25 (9%)
Oct 1-Dec 31............................. 400 (20%)
----------------- ----------------- ----------------
Total................................ 2,000 (100%) ............................ 290 (100%) ............................ 10 (100%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulations at Sec. 679.21(d)(3)(iii) authorize apportionments of
the trawl halibut PSC limit to a deep-water species fishery, comprised
of sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth
flounder and a shallow-water species fishery, comprised of pollock,
Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and
other species. The apportionment for these two fishery categories is
presented in Table 7.
Table 7.--Final 1997 Apportionment of Pacific Halibut PSC Trawl Limits
Between the Deep-water Species Complex and the Shallow-water Species
Complex
[Values are in metric tons]
------------------------------------------------------------------------
Shallow- Deep-
Season water water Total
------------------------------------------------------------------------
Jan. 20-Mar. 31............................. 500 100 600
Apr. 1-Jun. 30.............................. 100 300 400
Jul. 1-Sep. 30.............................. 200 400 600
---------------------------
Jan. 20-Sep. 30\1\.......................... 800 800 1,600
Oct. 1-Dec. 31.............................. ........ ....... 400
---------------------------
Total................................... ........ ....... 2,000
------------------------------------------------------------------------
\1\ No apportionment between shallow-water and deep-water fishery
categories during the 4th quarter.
The Council recommended that the revised halibut discard mortality
rates recommended by the IPHC be adopted for purposes of monitoring
halibut bycatch mortality limits established for the 1997 groundfish
fisheries. NMFS concurs with the Council's recommendation. Most of the
IPHC's assumed halibut mortality rates were based on an average of
mortality rates determined from NMFS-observer data collected during
1994 and 1995. For fisheries where a steady trend from 1992 to 1995
towards increasing or decreasing mortality rates was observed, the IPHC
recommended using the most recent year's observed rate. Rates for 1994
and 1995 were lacking for some fisheries, so rates from the most recent
years were used. Seasonal variation in halibut mortality rates in the
deep-water flatfish and rex sole target fisheries are not recommended
for 1997 as they were in 1996, nor were separate rates for
[[Page 8187]]
pollock harvested for processing by the inshore component and the
offshore component. Most of the assumed mortality rates recommended for
1997 differ slightly from those used in 1996. The recommended mortality
rates for specific targets range from 6 to 27 percent for hook-and-line
gear, from 51 to 66 percent for trawl gear, and from 19 to 100 percent
for pot gear. The halibut mortality rates are listed in Table 8.
Table 8.--1997 Assumed Pacific Halibut Mortality Rates for Vessels
Fishing in the Gulf of Alaska
[Table values are percent of halibut bycatch assumed to be dead]
------------------------------------------------------------------------
Gear and target (percent)
------------------------------------------------------------------------
Hook-and-line:
Sablefish................................................ 27
Pacific cod.............................................. 12
Rockfish................................................. 6
Other species............................................ 12
Trawl:
Midwater pollock......................................... 51
Rockfish................................................. 65
Shallow-water flatfish................................... 66
Pacific cod.............................................. 59
Deep-water flatfish...................................... 58
Flathead sole............................................ 59
Rex sole................................................. 66
Bottom pollock........................................... 57
Atka mackerel............................................ 53
Sablefish................................................ 62
Other species............................................ 66
Pot:
Pacific cod.............................................. 19
Bottom pollock........................................... 100
Other species............................................ 19
------------------------------------------------------------------------
Comment and Response
Comment. 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 GOA groundfish fishery was drafted in 1977. 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
GOA ecosystem. NMFS should prepare a supplement to the EIS that fully
evaluates the potential impacts of the groundfish TACs on the GOA
ecosystem.
Response. NMFS acknowledges that the final EIS prepared for the GOA
groundfish fishery is 20 years old. Nonetheless, NMFS believes the
final EA prepared for the 1997 GOA 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.
This action is authorized under 50 CFR 679.20 and is exempt from
review under E.O. 12866.
This action adopts final 1997 harvest specifications for the GOA,
revises associated management measures, 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. Without these closures,
specified TAC amounts would be overharvested, and retention of these
species would 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.
Accordingly, the Assistant Administrator for Fisheries, NOAA (AA) finds
there is good cause to waive the 30-day delayed effectiveness period
under 5 U.S.C. 553(d)(3) with respect to such provisions and to the
apportionment discussed above.
Pursuant to Section 7 of the Endangered Species Act, NMFS and the
U.S. Fish & Wildlife Service have determined that the groundfish
fishery operating under the 1997 GOA TAC specifications is unlikely to
jeopardize the continued existence or recovery of species listed as
endangered or threatened or to adversely modify critical habitat.
NMFS prepared an environmental assessment (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 the 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 Gulf of Alaska groundfish
fishery is 1,541, excluding catcher/processor vessels. All these small
entities will be affected by the harvest limits established in the 1997
specifications but changes from 1996 are relatively minor and are
expected to be shared proportionally among participants. For this
reason, the expected effects would not likely cause a reduction in
gross revenues of more than 5 percent, increase compliance costs by
more than 10 percent, or force small entities out of business.
The Alaska commercial fishing industry is accustomed to shifting
effort among alternative species and management areas in response to
changes in TAC between years and inseason closures. Such mobility is
necessary to survive in the open access fishery. Therefore, the annual
specification process for Alaska groundfish for 1997 would not have
significant economic impact on a significant number of small entities.
No comments were received regarding this certification.
Authority: 16 U.S.C. 773 et seq. and 16 U.S.C. 1801 et seq.
Dated: February 19, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-4456 Filed 2-19-97; 2:14 pm]
BILLING CODE 3510-22-P
