[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4304-4311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2292]
[[Page 4303]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
50 CFR Part 611, et al.
Groundfish of the Gulf of Alaska; Groundfish Fishery of the Bering Sea
and Aleutian Islands; Final Rules
Federal Register / Vol. 61, No. 24 / Monday, February 5, 1996 / Rules
and Regulations
[[Page 4304]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 611, 672, and 676
[Docket No. 960129018-6018-01; I.D. 110295B]
Groundfish of the Gulf of Alaska; Limited Access; Foreign
Fishing; Final 1996 Harvest Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1996 harvest specifications for groundfish and associated
management measures; closures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces final 1996 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 1996 fishing year. NMFS is also
closing fisheries as specified in the final 1996 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 1996 harvest specifications are effective at
12 noon Alaska local time (A.l.t.) on January 30, 1996, through 24:00
A.l.t. December 31, 1996, or until changed by subsequent notification
in the Federal Register. The closures to directed fishing are effective
January 30, 1996, through 24:00 A.l.t., December 31, 1996, or until
changed by subsequent notification in the Federal Register.
ADDRESSES: Copies of the Environmental Assessment (EA) for 1996 Total
Allowable Catch Specifications for the GOA, dated January 1996, may be
obtained from Ronald J. Berg, Chief, Fisheries Management Division,
National Marine Fisheries Service, P.O. Box 21668, Juneau, AK 99802-
1668. The Final Stock Assessment and Fishery Evaluation Report (SAFE
report), dated November 1995, is available from the North Pacific
Fishery Management Council, 605 W 4th Ave Suite 306, Anchorage, AK
99501-2252, or by calling 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
NMFS announces for the 1996 fishing year: (1) Total allowable catch
(TAC) amounts for each groundfish species category in the GOA and
apportionments thereof among domestic annual processing (DAP), joint
venture processing (JVP), total allowable level of foreign fishing
(TALFF), and reserves; (2) apportionments of reserves to DAP; (3)
assignments of the sablefish TAC to authorized fishing gear users; (4)
apportionments of pollock TAC among regulatory areas, seasons, and
between inshore and offshore components; (5) apportionment of Pacific
cod TAC between inshore and offshore components; (6) ``other species''
TAC; (7) prohibited species catch (PSC) limits relevant to fully
utilized groundfish species; (8) closures to directed fishing; (9)
Pacific halibut PSC mortality limits; and (10) seasonal apportionments
of the halibut PSC limits. A discussion of each of these measures
follows.
The process of determining TACs for groundfish species in the GOA
is established in regulations implementing the FMP, which was prepared
by the North Pacific Fishery Management Council (Council) under
authority of the Magnuson Fishery Conservation and Management Act. The
FMP is implemented by regulations for the foreign fishery at 50 CFR
part 611 and for the U.S. fishery at 50 CFR parts 672, 676, and 677.
General regulations that also pertain to U.S. fisheries appear at 50
CFR part 620.
Pursuant to Sec. 672.20(a)(2)(ii), the sum of the TACs for all
species must fall within the combined optimum yield (OY) range of
116,000-800,000 metric tons (mt) established for these species in
Sec. 672.20(a)(1). Under Secs. 611.92(c)(1) and 672.20(a)(2)(i), TACs
are apportioned initially among DAP, JVP, TALFF, and reserves. The DAP
amounts are intended for harvest by U.S. fishermen for delivery and
sale to U.S. processors. JVP amounts are intended for joint ventures in
which U.S. fishermen typically deliver their catches to foreign
processors at sea. TALFF amounts are intended for harvest by foreign
fishermen.
Regulations at Sec. 672.20(a)(2)(ii) establish initial reserves
equal to 20 percent of the TACs for pollock, Pacific cod, flatfish
species categories, and ``other species.'' NMFS has apportioned all of
the reserves to DAP in the final harvest specifications. Reserves that
are not reapportioned to DAP or JVP may be reapportioned to TALFF
according to Sec. 672.20(d)(2).
The Council met from September 27 through October 2, 1995, and
developed recommendations for proposed 1996 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 1996 fishing year. Under
Sec. 672.20(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
November 30, 1995 (60 FR 61514). Interim amounts of one-fourth the TAC
were published in the Federal Register on November 30, 1995 (60 FR
61492). The final 1996 initial groundfish harvest specifications and
prohibited species bycatch allowances implemented under this action
supersede the interim 1996 specifications.
The Council met December 6 through 10, 1995, to review the best
available scientific information concerning groundfish stocks, and to
consider public testimony regarding 1996 groundfish fisheries.
Scientific information is contained in the November 1995 SAFE report
for the GOA. The SAFE report was prepared and presented by the GOA Plan
Team to the Council and the Council's Scientific and Statistical
Committee (SSC) and Advisory Panel (AP) and includes the most recent
information concerning the 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 ABC recommendations from the Plan Team, which were
provided in the SAFE report, for all of the groundfish species
categories, except Pacific ocean perch (POP) and pelagic shelf
rockfish.
The Plan Team separated dusky rockfish from the pelagic shelf
rockfish assemblage and recommended an ABC for dusky rockfish of 5,090
mt and an ABC of 340 mt for the remainder of the pelagic shelf rockfish
complex. The Plan Team recommended this action because adult dusky
rockfish reside in habitats different from other species in the pelagic
shelf rockfish assemblage. Adult dusky rockfish are commonly found on
deeper offshore banks with smooth bottoms and are susceptible to trawl-
gear operations. Conversely, most other rockfish in the assemblage
inhabit shallow, rocky, nearshore areas and are
[[Page 4305]]
usually taken in jig fisheries. Furthermore, concerns exist about
localized over-exploitation of black rockfish and other near-shore
species in the Central GOA as a result of the developing rockfish jig
fishery in that area.
The SSC did not believe adequate biological information is
available to separate dusky rockfish from the pelagic shelf rockfish
assemblage. Concern was also expressed that the small ABC for the
remaining pelagic shelf complex could cause these species to be placed
on a prohibited species status to avoid reaching the overfishing limit
and result in closure of other fisheries. For these reasons the SSC did
not recommend separating dusky rockfish from the pelagic shelf rockfish
complex. The Council accepted the SSC's recommendation.
The SSC also did not accept the Plan Team's ABC (8,060 mt) for POP.
As in previous years, the Plan Team adjusted the POP ABC by a ratio of
F35%/F30% to provide a buffer between ABC and the overfishing
limit. The SSC does not agree with this adjustment and, as it did in
1994 and 1995, recommended that the ABC equal the overfishing limit
(10,165 mt). However, the Council adopted the recommendations of the
Plan Team and set the ABC at 8,060 mt.
The ABC for demersal shelf rockfish (DSR) increased significantly
over the 1995 estimates. This increase is mainly due to improvements in
the assessment methodologies involving surveys using research
submarines.
The Council adopted the SSC ABC recommendations for each species
category, except for POP. The Council's recommended ABCs, listed in
Table 1, reflect harvest amounts that are less than the specified
overfishing amounts (Table 1). The sum of 1996 ABCs for all groundfish
is 475,170 mt, which is lower than the 1995 ABC total of 492,780 mt.
1. Specifications of TAC and Apportionments Thereof Among DAP, JVP,
TALFF, and Reserves
The Council recommended TACs equal to ABCs for pollock, Pacific
cod, sablefish, shortraker/rougheye rockfish, pelagic shelf rockfish,
demersal shelf rockfish, Atka mackerel and northern rockfish. The
Council recommended TACs less than the ABC for shallow-water and deep-
water flatfish, other slope rockfish, rex sole, flathead sole,
arrowtooth flounder, and thornyhead rockfish (Table 1).
The TAC for pollock is continuing to decline, following a downward
trend in the ABC for this species. The 1996 sablefish TAC is also lower
than the 1995 amount. For 1996 the SSC recommended that the ABC for
Atka mackerel be reduced by one-half, from 6,480 mt to 3,240 mt,
consistent with last year's recommendation. This conservative approach
is recommended because of uncertainty in the abundance of Atka mackerel
and because of concerns for marine mammals. Atka mackerel is an
important prey species for sea lions and occurs in abundance near sea
lion rookeries.
For other slope rockfish the AP recommended increases in all
regulatory areas to allow these species, which are primarily taken as
bycatch, to be processed and marketed instead of being discarded. The
Council accepted the AP recommendation for the Central Gulf Regulatory
Area of 1,170 mt, which should provide enough for bycatch needs. The
Council, however, reduced the AP's recommended amounts in the Western
and Eastern Regulatory Areas to levels that should also be enough for
bycatch needs.
The TAC for thornyhead rockfish was also reduced by the Council
from 1,560 mt to 1,248 mt to create a buffer between the TAC and ABC.
The sum of the TACs for all GOA groundfish is 260,207 mt, which is
within the OY range specified by the FMP. The sum of the TACs is lower
than the 1995 TAC sum of 279,463 mt. The Council, after adopting the
TACs, recommended 1996 apportionments of the TACs for each species
category among DAP, JVP, TALFF, and reserves. Existing harvesting and
processing capacity of the U.S. industry is capable of utilizing the
entire 1996 TAC specification for GOA groundfish; therefore, the
Council recommended that the DAP allowance equal the TAC for each
species category, resulting in no TALFF or JVP apportionments for the
1996 fishing year.
NMFS has reviewed the Council's recommendation for TAC
specifications and apportionments and hereby approves these
specifications under Sec. 672.20(c)(1)(ii)(B). The TAC for ``other
species'' is calculated as 5 percent of the sum of TACs for the other
groundfish species categories, or 12,390 mt.
The 1996 ABCs, TACs, and overfishing levels are shown in Table 1.
Table 1
[1996 ABCs, TACs (=DAP), 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. Amounts Specified as Joint Venture Processing (JVP)
and Total Allowable Level of Foreign Fishing (TALFF) are Proposed to be Zero and are not Shown in This Table.
Reserves are Apportioned to DAP. Values are in Metric Tons (mt)]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ ABC TAC Overfishing
----------------------------------------------------------------------------------------------------------------
Pollock: \2\
Shumagin................................ (61)......................... 25,480 25,480 ...........
Chirikof................................ (62)......................... 12,840 12,840 82,000
Kodiak.................................. (63)......................... 13,680 13,680 ...........
--------------------------------------
Subtotal.............................. W/C.......................... 52,000 52,000 ...........
E............................ 2,810 2,810 4,400
--------------------------------------
Total................................. ............................. 54,810 54,810 86,400
======================================
Pacific cod: \3\
W............................ 18,850 18,850 ...........
C............................ 42,900 42,900 ...........
E............................ 3,250 3,250 ...........
--------------------------------------
Total................................. ............................. 65,000 65,000 88,000
======================================
Flatfish \4\ (deepwater):
W............................ 670 460 ...........
C............................ 8,150 7,500 ...........
[[Page 4306]]
E............................ 5,770 3,120 ...........
--------------------------------------
Total................................. ............................. 14,590 11,080 17,040
======================================
Rex sole:\4\
W............................ 1,350 800 ...........
C............................ 7,050 7,050 ...........
E............................ 2,810 1,840 ...........
--------------------------------------
Total................................. ............................. 11,210 9,690 13,091
======================================
Flathead sole:
W............................ 26,280 2,000 ...........
C............................ 23,140 5,000 ...........
E............................ 2,850 2,740 ...........
--------------------------------------
Total................................. ............................. 52,270 9,740 31,557
======================================
Flatfish \5\ (shallow-water):
W............................ 8,880 4,500 ...........
C............................ 17,170 12,950 ...........
E............................ 2,740 1,180 ...........
--------------------------------------
Total................................. ............................. 28,790 18,630 60,262
======================================
Arrowtooth flounder:
W............................ 28,400 5,000 ...........
C............................ 141,290 25,000 ...........
E............................ 28,440 5,000 ...........
--------------------------------------
Total................................. ............................. 198,130 35,000 231,416
======================================
Sablefish: \6\
W............................ 2,200 2,200 ...........
C............................ 6,900 6,900 ...........
WYK.......................... 3,040 3,040 ...........
SEO.......................... 4,940 4,940 ...........
--------------------------------------
Total................................. ............................. 17,080 17,080 22,800
======================================
Pacific ocean perch: \7\
W............................ 1,460 1,260 1,840
C............................ 3,860 3,333 4,870
E............................ 2,740 2,366 3,455
--------------------------------------
Total................................. ............................. 8,060 6,959 10,165
======================================
Short raker/rougheye: \8\
W............................ 170 170 ...........
C............................ 1,210 1,210 ...........
E............................ 530 530 ...........
--------------------------------------
Total................................. ............................. 1,910 1,910 2,925
======================================
Other rockfish: 9 10 11
W............................ 180 100 ...........
C............................ 1,170 1,170 ...........
E............................ 5,760 750 ...........
--------------------------------------
Total................................. ............................. 7,110 2,020 8,395
======================================
Northern Rockfish: \12\
W............................ 640 640 ...........
C............................ 4,610 4,610 ...........
E............................ 20 20 ...........
--------------------------------------
Total................................. ............................. 5,270 5,270 9,926
======================================
[[Page 4307]]
Pelagic shelf rockfish: \13\
W............................ 910 910 ...........
C............................ 3,200 3,200 ...........
E............................ 1,080 1,080 ...........
--------------------------------------
Total................................. ............................. 5,190 5,190 8,704
======================================
Demersal shelf rockfish: \11\
SEO.......................... 950 950 1,702
Thornyhead rockfish:
GW........................... 1,560 1,248 2,200
Atka mackerel:
............................. ........... 2,310 ...........
C............................ ........... 925 ...........
E............................ ........... 5 ...........
--------------------------------------
Total................................. ............................. 3,240 3,240 9,800
======================================
Other species: \14\
GW........................... N/A \15\ 12,390 ...........
======================================
Total: \16\........................... ............................. 475,170 260,207 604,383
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 672.2.
\2\ Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3),
each of which is further divided into equal quarterly allowances. In the Eastern Regulatory Area, pollock is
not divided into quarterly allowances.
\3\ Pacific cod is allocated 90 percent to the inshore, and 10 percent to the offshore component. Component
allowances are shown in Table 4.
\4\ ``Deep water flatfish'' means Dover sole and Greenland turbot.
\5\ ``Shallow water flatfish'' means flatfish not including ``deep water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ Sablefish is allocated to trawl and hook-and-line gears (Table 2).
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).
\9\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means
Slope rockfish.
\10\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S.
wilsoni (pygmy), S. 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).
\11\ ``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).
\12\ ``Northern rockfish'' means Sebastes polyspinis.
\13\ ``Pelagic shelf rockfish'' means Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S.
entomelas (widow), and S. flavidus (yellowtail).
\14\ ``Other species'' means sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC
for ``other species'' equals 5 percent of the TACs of target species.
\15\ N/A means not applicable.
\16\ The total ABC is the sum of the ABCs for target species.
2. Apportionment of Reserves to DAP
Regulations implementing the FMP require that 20 percent of each
TAC for pollock, Pacific cod, flatfish species, and the ``other
species'' category be set aside in reserves for possible apportionment
at a later date (Sec. 672.20(a)(2)(ii)). For the preceding 8 years,
including 1995, NMFS has apportioned all of the reserves to DAP in the
final harvest specifications. NMFS proposed apportionment of reserves
for 1996 in the proposed GOA groundfish specifications published in the
Federal Register on November 30, 1995 (60 FR 61514). NMFS received no
public comments on the proposed apportionments. For 1996, NMFS
apportions reserves for each species category to DAP, anticipating that
domestic harvesters and processors will need all the DAP amounts.
3. Assignment of the Sablefish TACs to Authorized Fishing Gear Users
Under Sec. 672.24(c), sablefish TACs for each of the regulatory
areas and districts are assigned to hook-and-line and trawl gear. In
the Western and Central Regulatory Areas, 80 percent of each TAC is
assigned to hook-and-line gear and 20 percent to trawl gear. In the
Eastern Regulatory Area, 95 percent of the TAC is assigned to hook-and-
line gear and 5 percent is assigned to trawl gear. The trawl gear
allocation in the Eastern Regulatory Area may only be used as bycatch
to support directed fisheries for other target species. Sablefish
caught in the GOA with gear other than hook-and-line or trawl gear must
be treated as prohibited species and may not be retained. Table 2 shows
the assignments of the 1996 sablefish TACs between hook-and-line and
trawl gear.
[[Page 4308]]
Table 2
[1996 Sablefish TAC Specifications in the Gulf of Alaska and Assignments
Thereof to Hook-and-Line and Trawl Gear. Values are in metric tons]
------------------------------------------------------------------------
Hook-
and- Trawl
Area/District TAC line share
share
------------------------------------------------------------------------
Western...................................... 2,200 1,760 440
Central...................................... 6,900 5,520 1,380
West Yakutat................................. 3,040 2,888 152
Southeast Outside............................ 4,940 4,693 247
--------------------------
Total.................................... 17,080 14,861 2,219
------------------------------------------------------------------------
4. Apportionments of Pollock TAC Among Regulatory Areas, Seasons, and
Between Inshore and Offshore Components
In the GOA, pollock is apportioned by area, season, and inshore/
offshore components. Regulations at Sec. 672.20(a)(2)(iv) require that
the TAC for pollock in the combined W/C GOA be apportioned among
statistical areas Shumagin (61), Chirikof (62), and Kodiak (63) in
proportion to known distributions of the pollock biomass. This measure
was intended to provide spatial distribution of the pollock harvest as
a sea lion protection measure. Each statistical area apportionment is
further divided equally among the four quarterly reporting periods of
the fishing year (Table 3). Within any fishing year, any unharvested
amount of any quarterly allowance of pollock TAC is added in equal
proportions to the quarterly allowance of following quarters, resulting
in a sum for each quarter that does not exceed 150 percent of the
initial quarterly allowance. Similarly, harvests in excess of a
quarterly allowance of TAC are deducted in equal proportions from the
remaining quarterly allowances of that fishing year. As specified at
Sec. 672.23(e), directed fishing for the four quarterly allowances will
start on January 1, June 1, July 1, and October 1. The Eastern
Regulatory Area pollock TAC of 2,810 mt is not allocated among smaller
areas, or quarters.
The Council is expected to take final action in January 1996 on a
proposed amendment, which, if approved by NMFS, would combine the third
and fourth quarters into a final season with a start date in September
or October. This would change the pollock seasonal apportionments from
four seasons to three seasons. Should the Council recommend this change
and NMFS approve it, any ensuing changes to the 1996 seasonal
apportionment of pollock TACs would be implemented under a separate
rulemaking.
Regulations at Sec. 672.20(a)(2)(v)(A) require that the DAP
apportionment for pollock in all regulatory areas and all quarterly
allowances thereof be divided into inshore and offshore components. One
hundred percent of the pollock DAP in each regulatory area is
apportioned to the inshore component after subtraction of amounts that
are determined by the Director, Alaska Region, NMFS (Regional Director)
to be necessary to support the bycatch needs of the offshore component
in directed fisheries for other groundfish species. The amount of
pollock available for harvest by vessels in 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. 672.20(g).
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 52,000 Metric Tons
(mt). Biomass Distribution is Based on 1993 Survey Data. TACs are Equal
to ABC. Inshore and Offshore Allocations of Pollock are not Shown. ABCs
and TACs are Rounded to the Nearest 10 mt]
------------------------------------------------------------------------
Biomass 1996 Quarterly
Statistical area percent TAC allowance
------------------------------------------------------------------------
Shumagin (61).............................. 49.0 25,480 6,370
Chirikof (62).............................. 24.7 12,840 3,210
Kodiak (63)................................ 26.3 13,680 3,420
----------------------------
Total.................................. 100.0 52,000 13,000
------------------------------------------------------------------------
5. Apportionment of Pacific Cod TAC Between Inshore and Offshore
Components
Regulations at Sec. 672.20(a)(2)(v)(B) require that the DAP
apportionment of Pacific cod in all regulatory areas be allocated to
vessels catching Pacific cod for processing by the inshore and offshore
components. The inshore component is equal to 90 percent of the Pacific
cod TAC in each regulatory area. The remaining 10 percent of the TAC is
assigned to the offshore component. Inshore and offshore allocations of
the 65,000 mt Pacific cod TAC for 1996 are shown in Table 4.
Table 4
[1996 Allocation (metric tons) of Pacific Cod in the Gulf of Alaska;
Allocations to Inshore and Offshore Components]
------------------------------------------------------------------------
Component
allocation
Regulatory area TAC -------------------
Inshore Offshore
(90%) (10%)
------------------------------------------------------------------------
Western................................... 18,850 16,965 1,885
Central................................... 42,900 38,610 4,290
Eastern................................... 3,250 2,925 325
-----------------------------
Total................................. 65,000 58,500 6,500
------------------------------------------------------------------------
6. PSC Limits Relevant to Fully Utilized Species
Under Sec. 672.20(b)(1), if NMFS determines, after consultation
with the Council, that the TAC for any species or species group will be
fully utilized in the DAP fishery, a groundfish PSC limit applicable to
the JVP fisheries may be specified for that species or species group.
The Council recommended that DAP equal TAC for each species
category. NMFS concurs with the Council's recommendation, and has not
established any JVP amounts; therefore, no groundfish PSC limits under
Sec. 672.20(b)(1) are necessary.
7. Closures to Directed Fishing
The ``interim 1995 initial specifications of groundfish, associated
management measures, and closures'' for the GOA (60 FR 61492, November
30, 1995) contained several closures to directed fishing for groundfish
during 1996. The closures for the final specifications, which supersede
the closures announced in the interim specifications, are listed in
Table 5.
Under Sec. 672.20(c)(2)(ii), the Regional Director determined that
the entire TACs or allocations of TAC of groundfish species and species
groups listed in Table 5 will be needed as incidental catch to support
other anticipated groundfish fisheries during 1996. The Regional
Director is establishing directed fishing allowances of zero mt and
prohibiting directed fishing for the remainder of the year for the
fisheries listed in Table 5. Maximum retainable bycatch amounts for the
aforementioned closures may be found at Sec. 672.20(g).
In addition to the above closures, NMFS closed Statistical Area 61
to directed fishing for pollock effective 12 noon, A.l.t., January 28,
1996 (Action filed by the Office of the Federal Register on January 26,
1996.) and Statistical Area 62 to directed fishing for pollock
effective 12 noon, A.l.t., January 29, 1996 (Action filed by the Office
of
[[Page 4309]]
the Federal Register on January 26, 1996.) under authority of the
interim 1996 specifications. In accordance with Sec. 672.20(c)(2)(ii)
and Sec. 672.23(e), the closures for Statistical Areas 61 and 62 will
remain in effect until the second quarter directed fishery opens at
noon, A.l.t., June 1, 1996, or until changed by subsequent notification
in the Federal Register. Under authority of the interim 1996
specifications, NMFS closed Statistical Area 63 to directed fishing for
pollock effective 12 noon, A.l.t., January 23, 1996 (61 FR 2457,
January 26, 1996) in order to reserve amounts anticipated to be needed
for incidental catch in other fisheries. The Regional Director
determined that the first quarterly TAC for pollock in Statistical Area
63 had not been reached. On January 29, 1996, NMFS terminated the
closure and opened directed fishing for pollock (Action filed with the
Office of Federal Register on January 29, 1996.). Under the final 1996
specifications, the directed fishery for pollock in Statistical Area 63
will remain open until 12 noon, A.l.t., April 1, 1996, or until changed
by subsequent notification in the Federal Register.
Table 5.--Closures to Directed Fishing for Total Allowable Catches Implemented by This Action.\1\ Offshore=The
Offshore Component; TRW=Trawl; ALL=All Gears; WG=Western Regulatory Area; CG=Central Regulatory Area; EG=Eastern
Regulatory Area; GOA=Entire Gulf of Alaska.
----------------------------------------------------------------------------------------------------------------
Fishery Component Gear Closed areas
----------------------------------------------------------------------------------------------------------------
Atka mackerel....................... .......................... ALL................... GOA
Northern rockfish................... .......................... ALL................... WG, EG
Deep-water flatfish................. .......................... ALL................... WG
Other rockfish \2\.................. .......................... ALL................... GOA
Pacific cod......................... Offshore.................. ALL................... EG
Sablefish........................... .......................... TRW................... GOA
Shortraker/rougheye rockfish........ .......................... ALL................... GOA
Thornyhead rockfish................. .......................... ALL................... GOA
----------------------------------------------------------------------------------------------------------------
\1\ These closures to directed fishing are in addition to closures and prohibitions found in regulations at 50
CFR part 672.
\2\ Other rockfish includes slope and demersal shelf rockfish in the WG and CG.
8. Halibut Prohibited Species Catch (PSC) Mortality Limits
Under Sec. 672.20(f)(2), annual Pacific halibut PSC limits are
established and apportioned to trawl and hook-and-line gear and are
established for pot gear.
Regulations at Sec. 672.20(f)(1)(ii) authorize the exemption of
specified non-trawl fisheries from the halibut PSC limit. As in 1995
the Council exempted pot gear and the hook-and-line sablefish fishery
from the non-trawl halibut limit for 1996. The Council recommended
these exemptions because of the low halibut bycatch mortality
experienced in the pot gear fisheries (16 mt in 1995) 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 1995, 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. 672.20(f)(1)(i) authorize separate apportionments of the trawl
halibut bycatch mortality limit between trawl fisheries for deep-water
and shallow-water species fisheries. These apportionments are divided
seasonally to avoid seasonally high halibut bycatch rates.
NMFS concurs with the Council's recommendations listed above. The
following types of information as presented in, and summarized from,
the 1995 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 1995 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 31,
1995, is 2,065 mt, 325 mt, and 16 mt, respectively, for a total of
2,406 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 27 (60 FR 16587,
March 31, 1995), for the second quarter on April 22 (60 FR 20658, April
27, 1995) and for the third quarter on July 21 (60 FR 37601, July 21,
1995). The shallow-water fishery complex was closed in the second
quarter on May 8 (60 FR 25623, May 12, 1995) and in the third quarter
on July 17 (60 FR 37600, July 21, 1995). All trawling was closed in the
fourth quarter on October 23.
The amount of groundfish that trawl or hook-and-line gear might
have harvested if halibut had not been seasonally limiting in 1995, is
unknown. However, lacking market incentives, some amounts of groundfish
will not be harvested, regardless of halibut PSC bycatch availability.
(B) Expected Changes in Groundfish Stocks
At its December 1995 meeting, the Council adopted lower ABCs for
pollock, Pacific cod, sablefish, and thornyhead rockfish than those
established for 1995. The Council adopted higher ABCs for DSR and POP
than those established for 1995. More information on these changes is
included in the Final SAFE Report dated November 1995 and in the
Council and SSC minutes.
(C) Expected Changes in Groundfish Catch
The total of the 1996 TACs for the GOA is 260,207 mt, a slight
decrease from the 1995 TAC total of 279,463 mt. At its December 1995
meeting, the Council changed the 1996 TACs for some fisheries from the
1995 TACs. Those fisheries for which the 1996 TACs are lower than in
1995 are pollock (decreased to 54,810 mt from 65,360 mt), Pacific cod
(decreased to 65,000 mt from 69,200 mt), sablefish (decreased to 17,080
mt from 21,500 mt), other slope rockfish (decreased to 2,020 mt from
2,235 mt), and thornyhead rockfish (decreased to 1,248 mt from 1,900
mt). Those species for which the 1996 TAC
[[Page 4310]]
is higher than in 1995 are POP (increased to 6,959 mt from 5,630 mt)
and DSR (increased to 950 mt from 580 mt).
(D) Current Estimates of Halibut Biomass and Stock Condition
The stock assessment for 1995 conducted by the IPHC indicates that
the total exploitable biomass of Pacific halibut in the BSAI management
area and the GOA together was 166.85 million lbs (75,700 mt). Biomass
declined 18 percent between 1993 and 1994, and indicates a decline of
14 percent between 1994 and 1995. These rates are high relative to the
5-15 percent declines observed in previous years.
Recruitment of 8-year-old halibut appears again to have dropped off
in all areas. Recruitment in 1995 represents the lowest recruitment of
8-year-old fish observed in nearly two decades. The low recruitment of
recent years indicates that the stock will continue its decline at a
rate of about 10-15 percent per year over 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 bycatches in the groundfish fisheries were
discussed in the proposed 1996 specifications (60 FR 61514, November
30, 1995). That discussion is not repeated here.
9. Seasonal Allocations of the Halibut PSC Limits
Under Sec. 672.20(f)(1)(iii), NMFS seasonally allocates the halibut
PSC limits based on recommendations from the Council. The FMP requires
that the following information be considered by the Council in
recommending seasonal allocations of halibut: (a) Seasonal distribution
of halibut, (b) seasonal distribution of target groundfish species
relative to halibut distribution, (c) expected halibut bycatch needs on
a seasonal basis 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 notices publishing the final 1995 initial groundfish and PSC
specifications (60 FR 3470, February 14, 1995, as amended by 60 FR
12149, March 6, 1995) summarize 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 1995. 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 1996 season.
Table 6.--Final 1996 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. 672.20(f)(1)(i) authorize apportionments of the
trawl halibut PSC limit allowance as bycatch allowances to a deep-water
species fishery category, comprised of sablefish, rockfish, deep-water
flatfish, rex sole and arrowtooth flounder; and a shallow-water species
fishery category, 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 1996 Apportionment of Pacific Halibut PSC Trawl Limits Between the Deep-water Species Complex
and the Shallow-water Species Complex. Values are in Metric Tons
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water Total
----------------------------------------------------------------------------------------------------------------
Jan. 20-Mar. 31................................................. 500 100 600
Apr. 1-Jun. 30.................................................. 100 300 400
Jul. 1-Sep. 30.................................................. 200 400 600
Oct. 1-Dec. 31--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 1996 groundfish
fisheries. NMFS concurs with the Council's recommendation. The IPHC's
assumed halibut mortality rates are based on an average of mortality
rates determined from NMFS-observer data collected during 1993 and
1994. Two separate mortality rates are established for the GOA bottom
trawl pollock fishery: 54 percent for shoreside processors and 74
percent for at-sea processors. The rate differences for at-sea and
shoreside processors result from analyses by the IPHC, which showed
that at-sea processing vessels had a significantly higher discard
mortality rate than the
[[Page 4311]]
shorebased operators. However, NMFS notes that directed fishing for GOA
pollock by the offshore component is prohibited under
Sec. 672.20(a)(2)(v) and that at-sea processing of pollock would be
unlikely.
Based on new information the IPHC also recommended different
seasonal rates for deep-water flatfish of 60 percent for the spring/
summer and 52 percent for the fall/winter. For purposes of this notice,
NMFS defines spring/summer to mean April 1-September 30, and fall/
winter to mean October 1-March 31. The IPHC also recommended a new rate
for the Atka mackerel fishery of 48 percent, a rate of 57 percent for
trawl sablefish and a rate of 47 percent for other species.
The halibut mortality rates are listed in Table 8.
Table 8.--1996 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
------------------------------------------------------------------------
Hook-and-line:
Sablefish................................................... 23
Pacific cod................................................. 12
Rockfish.................................................... 18
Trawl:
Midwater pollock............................................ 72
Rockfish.................................................... 57
Shallow-water flatfish...................................... 67
Pacific cod................................................. 56
Deep-water flatfish--April 1-Sept. 30....................... 60
Deep-water flatfish--Oct. 1-March 31........................ 52
Bottom pollock
Shoreside................................................. 54
At-sea.................................................... 74
Atka mackerel............................................... 48
Sablefish................................................... 57
Other species............................................... 47
Pot:
Pacific cod................................................. 17
------------------------------------------------------------------------
Responses to Comments
Written comments on the proposed 1996 specifications and other
management measures were requested until December 29, 1995 (60 FR
61514; November 30, 1995). No written comments were received.
Classification
This action is authorized under 50 CFR 611.92 and 672.20; and is
exempt from review under E.O. 12866.
This action adopts final 1996 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 will be overharvested and retention of these
species will become prohibited, which would disadvantage fishermen who
could no longer retain bycatch amounts of these species. 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. 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,
thus relieving a restriction. Provisions of a rule relieving a
restriction under 5 U.S.C. 553(d)(1) are not subject to a delay in
effective date.
Pursuant to section 7 of the Endangered Species Act, NMFS and the
Fish and Wildlife Service have determined that the groundfish fishery
operating under the 1996 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 EA on the 1996 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).
Authority: 16 U.S.C. 1801 et seq.
Dated: January 30, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-2292 Filed 1-30-96; 4:56 pm]
BILLING CODE 3510-22-W
