[Federal Register Volume 63, Number 48 (Thursday, March 12, 1998)]
[Rules and Regulations]
[Pages 12027-12035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6381]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 971208297-8054-02; I.D. 112097A]
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Final 1998 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1998 harvest specifications for groundfish and associated
management measures.
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SUMMARY: NMFS announces final 1998 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 1998 fishing year. These measures
are intended to carry out management objectives contained in the
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).
DATES: The final 1998 harvest specifications are effective at noon on
March 9, 1998 through 2400 hrs, Alaska local time (A.l.t.), December
31, 1998.
ADDRESSES: Copies of the Environmental Assessment (EA) for 1998
Groundfish Total Allowable Catch (TAC) Specifications, dated January
1998, may be obtained from the NMFS, Alaska Region, Sustainable
Fisheries 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 1997, is
available from the North Pacific Fishery Management Council, 605 W. 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. General regulations that
also pertain to the U.S. fisheries appear at 50 CFR part 600.
NMFS announces the following for the 1998 fishing year: (1)
Specifications of 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) Pacific halibut prohibited species catch (PSC)
limits; and (7) 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 at Sec. 679.20(a)(1)(ii).
The Council met from September 22 through 29, 1997, and developed
recommendations for proposed 1998 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 1998 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 15, 1997 (62 FR
65644). Comments were invited through January 14, 1998. Interim TAC and
PSC amounts equal to one-fourth of the proposed amounts were published
in the Federal Register on December 15, 1997 (62 FR 65622). The final
1998 initial groundfish harvest specifications and prohibited species
bycatch allowances implemented under this action supersede the interim
1998 specifications.
The Council met December 9 through 12, 1997, to review the best
available scientific information concerning groundfish stocks, and to
consider public testimony regarding 1998 groundfish fisheries. The best
available scientific information is contained in the current SAFE
report, which 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. The SAFE report was prepared by the GOA Plan Team and
presented to the Council and the Council's Scientific and Statistical
Committee (SSC) and Advisory Panel (AP) at the December 1997 Council
meeting.
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. 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 pollock in the GOA.
The SSC did not adopt the Plan Team's recommendation of ABC for
pollock in the GOA. The Plan Team's recommendation was to exclude
pollock harvested in the State of Alaska (State) managed pollock
fishery in Prince William Sound (PWS) from the ABC specified for the
GOA. The SSC did not concur, and believed that insufficient information
exists to conclude that pollock in PWS constituted a stock separate
from the GOA. The SSC recommended that the State's guideline harvest
level (GHL) of 1,800 mt in the PWS pollock fishery be deducted from the
total GOA ABC of 131,800 mt, reducing the ABC to 130,000 mt, and that
the 130,000 mt ABC be apportioned among GOA regulatory areas based on
the biomass distribution throughout the GOA. The Council accepted the
SSC's recommendation.
The GOA Plan Team, the SSC, and the Council recommended that total
removals of Pacific cod from the GOA not exceed the ABC recommendations
for those areas. The Council recommended that the TACs be adjusted
downward from the ABCs by amounts that were equal to the state's
anticipated GHLs. At its February 9-12 meeting, the Alaska Board of
Fisheries set GHLs for the state-managed Pacific cod fishery at 1997
rates in all areas for the 1998 fishing year. Therefore, in order to
utilize more fully the Pacific cod resource in the GOA, NMFS is
adjusting the Council's recommended Pacific cod TACs upwards in the
Central and
[[Page 12028]]
Western GOA to levels that account for the reduced state GHLs.
The Council adopted the SSC's ABC recommendations for each species
category, including the recommendations that the GOA wide ABC for
thornyhead rockfish be divided into the Western, Central, and Eastern
regulatory areas and that deepsea sole be included in the deep-water
flatfish species assemblage. The Council recommended that a single ABC
be adopted for sablefish in the Eastern GOA. In previous years, the
Council has recommended that the sablefish ABC in the Eastern GOA be
subdivided between the West Yakutat and the Southeast Outside
Districts. 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 1998 the ABCs for all groundfish is 548,770 mt,
which is larger than the 1997 ABC total of 493,050 mt.
Response to Comments
Five letters of comment raising three issues were received on the
1998 specifications and the EA for the 1998 specifications. These
comments are summarized and responded to here or in this section.
Comment 1. The draft EA prepared for the 1998 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 20 years ago. Since that time, the
conduct of the fisheries has changed, new information regarding the
affected groundfish species exists, and substantial and unanalyzed
questions exist regarding the impact of the groundfish fisheries on the
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. A supplement to the EIS is being
prepared and a public review draft is scheduled for release in April
1998. However, NMFS believes that the final EA prepared for the 1998
GOA groundfish specifications, as well as the documents incorporated by
reference into the EA, adequately support a Finding of No Significant
Impact.
Comment 2. The draft EA does not adequately assess the impact of
proposed 1998 fishing levels on endangered Steller sea lions, or on the
unlisted species also suffering population declines. The draft EA also
neglects to address dramatic increases in catches of pollock in areas
designated as critical foraging habitat for Steller sea lions, the
increasing effort directed on spawning pollock in the winter months,
and the geographic and temporal concentration of fishing in the areas
of the GOA where the greatest declines of sea lion, other marine
mammals and seabirds have occurred. The EA fails to consider a viable
range of alternatives, such as reducing TACs for ecosystem based
reasons and time/area restrictions for fisheries.
Response. The issues of concern identified in Comment 2 are
addressed within the scope of the final EA, as well as in the documents
incorporated by reference into the final EA. Efforts to identify
relationships between the Alaska groundfish fisheries and Steller sea
lions are ongoing, but any potential linkages remain unclear. Overlaps
between Steller sea lion prey and harvested species have been
identified, particularly with reference to pollock and Atka mackerel
stocks. However, participants in the Alaskan groundfish fisheries are
not expected to significantly alter their fishing practices, either
spatially or temporally, as a result of the 1998 groundfish
specifications, nor operate in any manner that would predictably pose
obvious impacts to Steller sea lions.
Comment 3. NMFS needs to more fully incorporate ecosystem level
concerns into the TAC setting process. Harvest levels are based on
single-species models that fail to adequately consider inter-species
linkages and the impact of fish removal on other ecosystem components.
The EA does not discuss or analyze the changing community structure of
the groundfish complex resulting from disproportionate fishing pressure
on a small set of commercially targeted species.
Response. NMFS acknowledges the importance of ecosystem based
management for groundfish stocks. The Council's ecosystem Committee,
established in 1996, met during the December Council meeting to review
the status of groundfish stocks and make recommendations to the
Council. Based on ecosystem concerns, the Council has taken a
precautionary approach to setting groundfish TACs. The final EA, as
well as the documents incorporated by reference into the final EA
(especially the Ecosystem Committee's chapter of the 1998 SAFE report),
extensively examine ecosystem level impacts of the groundfish
fisheries.
1998 Harvest Specifications
1. Specifications of TAC and Reserves
The Council recommended TACs equal to ABCs for pollock in the
Central and Western GOA, 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 pollock in the Eastern GOA, Pacific cod, flathead sole, shallow-
water flatfish, arrowtooth, other slope rockfish, and Pacific ocean
perch (POP) (Table 1).
The TAC for pollock has increased in the Central and Western GOA
from 74,400 mt in 1997 to 119,150 mt in 1998 and remained the same in
the Eastern GOA at 5,580 mt. The apportionment of TAC in the Central
and Western GOA reflects the current biomass distribution. The Council
reduced the AP's recommendation for the 1998 pollock TAC in the Eastern
GOA of 10,850 mt to 5,580 mt (equal to the 1997 TAC) in consideration
of the large assessment of small sized pollock in the Eastern GOA,
reduced assessment of pollock biomass in the West Yakutat district, and
projected weak recruitment in future years.
The Council's recommended 1998 TAC for pollock in the combined
Western and Central (W/C) Regulatory Areas of the GOA (119,150 mt) is a
60 percent increase from 1997 (74,400 mt). The Council received
testimony from the public and the scientific community expressing
concern that a substantially higher pollock TAC could lead to localized
depletions of pollock stocks, especially during the September 1 season,
which may have adverse impacts on Steller sea lion foraging activity.
At its February 3 through 7, 1998, meeting, the Council approved a
regulatory amendment to the FMP to shift 10 percent of the pollock TAC
in the Central and Western Regulatory Areas of the GOA from September 1
to June 1. NMFS is proceeding with rulemaking to shift 10 percent of
the pollock TAC in the combined W/C Regulatory Area from the September
1 season to the June 1 season. The objective of this action is to
reapportion the pollock TACs so that the projected increases in pollock
catches during the September 1 season are reduced relative to what
would occur under the current seasonal TAC split. This action will
amend the seasonal TACs for pollock TAC displayed in Table 3 to
apportion 25 percent to the January 1 season, 35
[[Page 12029]]
percent to the June 1 season, and 40 percent to the September 1 season.
The 1998 Pacific cod TAC is affected by the State's developing
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
390 mt, the amount of the State's proposed GHL for PWS. Anticipating
increases in the State's GHLs to 17.5 percent and 20 percent of the
ABCs for the Central and Western GOA, the Council recommended that TACs
be lowered by 8,590 mt and 5,450 mt respectively. At its February 9
through 12 meeting, the Alaska Board of Fisheries did not approve
raising GHLs for the 1998 fishing year above 15 percent of the ABC for
the Central and Western GOA. Therefore, in order to more fully utilize
the Pacific cod fishery in the Central and Western GOA, NMFS is
lowering the TACs for the Central and Western GOA from ABC levels by
7,360 mt and 4,090 mt respectively, the amount of the State's GHLs for
these areas.
The Council accepted the AP recommendation that the TACs for
flathead sole, shallow-water flatfish, and arrowtooth flounder be set
at 1997 TAC levels, which are lower than their respective 1998 ABC
specifications. The Council recommended that NMFS reduce the ``other
rockfish'' TAC in the Eastern Regulatory Area from the level
recommended by the AP to a level that would provide for bycatch in
other groundfish fisheries. NMFS has reviewed bycatch needs for ``other
rockfish'' and has set TACs equal to 1997 levels, which will provide
enough for bycatch needs.
The Council reduced the AP's recommendation for the POP TAC in the
Eastern GOA from the 1998 ABC of 4,410 mt to the 1997 TAC level of
2,366 mt to reduce the bycatch of shortraker and rougheye rockfish in
the POP fishery.
The Council recommended that there be a single TAC for the trawl
allocation of sablefish in the Eastern GOA and that the hook-and-line
allocation of sablefish TAC in the Eastern GOA continue to be
apportioned between the West Yakutat and Southeast Outside Districts.
The Council made this recommendation to accommodate the existing trawl
gear allocation of sablefish, as well as the expectation that trawl
gear will be prohibited in 1998 in the Southeast Outside District under
Amendment 41 to the FMP. The Council accepted the AP's recommendation
that 1998 TACs for the remaining groundfish fisheries be set at 1998
ABC levels.
On February 3, 1998, NMFS approved amendment 46 to the FMP which
removes black rockfish and blue rockfish from the FMP. The purpose of
amendment 46 is to allow more localized management of these species by
the State. Because amendment 46 has been approved by NMFS, black
rockfish and blue rockfish have been removed from the 1998
specifications and the State will manage these species under GHLs
established in State regulations. The removal of black rockfish and
blue rockfish from the pelagic shelf rockfish assemblage eliminates the
nearshore component of this species assemblage in the final
specifications. Therefore, the OFL, ABC, and TAC for pelagic shelf
rockfish in the GOA have been adjusted accordingly.
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 15,580 mt, which is 5
percent of the sum of the combined TAC amounts for the target species.
The sum of the TACs for all GOA groundfish is 327,176 mt, which is
within the OY range specified by the FMP. The sum of the TACs is higher
than the 1997 TAC sum of 282,815 mt.
On February 6, 1998, NMFS approved amendment 39 to the FMP which
establishes a new species category for forage fish species. Amendment
39 removes capelin, eulachon, and smelt from the ``other species''
category in the FMP and moves these species to the new forage fish
species category. While this action changes the list of species in the
``other species'' category, it does not affect the formula for
specifying a TAC for the ``other species'' category which remains 5
percent of the combined TAC amounts for target species. Under amendment
39, ABC and TAC amounts are not specified for forage fish species.
Instead, directed fishing for forage fish species will be prohibited
and these species will be placed on permanent bycatch status with a
maximum retainable bycatch of 2 percent.
NMFS has reviewed the Council's recommended TAC specifications and
apportionments and hereby approves these specifications under
Sec. 679.20(c)(3)(ii). The 1998 ABCs, TACs, and overfishing levels are
shown in Table 1.
Table 1.--1998 ABCs, TACs, Initial TACs (Pacific Cod Only) and Overfishing Levels of Groundfish 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
Species Area \1\ ABC TAC (mt) Overfishing
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Pollock \2\
Shumagin................................... (610) 29,790 29,790 ........... ...........
Chirikof................................... (620) 50,045 50,045 ........... ...........
Kodiak..................................... (630) 39,315 39,315 ........... ...........
--------------------------
Subtotal............................... W/C 119,150 119,150 ........... 170,500
E 10,850 5,580 ........... 15,600
-------------------------- ------------
Total.................................. ........... 130,000 124,730 ........... 186,100
Pacific cod \3\................................ W 27,260 23,170 18,536 ...........
C 49,080 41,720 33,374 ...........
E 1,560 1,170 936 ...........
---------------------------------------
Total.................................. ........... 77,900 66,060 52,846 141,000
-------------
Flatfish \4\ (deep-water)...................... W 340 340 ........... ...........
C 3,690 3,690 ........... ...........
E 3,140 3,140 ........... ...........
--------------------------
Total.................................. ........... 7,170 7,170 ........... 9,440
[[Page 12030]]
Rex sole \4\................................... 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 \5\ (shallow-water)................... W 22,570 4,500 ........... ...........
C 19,260 12,950 ........... ...........
E 1,320 1,180 ........... ...........
--------------------------
Total.................................. ........... 43,150 18,630 ........... 59,540
Arrowtooth flounder............................ W 33,010 5,000 ........... ...........
C 149,640 25,000 ........... ...........
E 25,690 5,000 ........... ...........
--------------------------
Total.................................. ........... 208,340 35,000 ........... 295,970
Sablefish \6\.................................. W 1,840 1,840 ........... ...........
C 6,320 6,320 ........... ...........
E 5,960 298 (Trawl
only) ...........
WYK ........... 2,175 (H&L only) ...........
SEO ........... 3,487 (H&L only) ...........
--------------------------
Total.................................. ........... 14,120 14,120 ........... 23,450
Pacific \7\ ocean perch........................ W 1,810 1,810 ........... 2,550
C 6,600 6,600 ........... 9,320
E 4,410 2,366 ........... 6,220
-------------------------- ------------
Total.................................. ........... 12,820 10,776 ........... 18,090
Short raker/rougheye\8\........................ W 160 160 ........... ...........
C 970 970 ........... ...........
E 460 460 ........... ...........
--------------------------
Total.................................. ........... 1,590 1,590 ........... 2,740
Other rock fish \9\ \10\ \11\.................. W 20 20 ........... ...........
C 650 650 ........... ...........
E 4,590 1,500 ........... ...........
--------------------------
Total.................................. ........... 5,260 2,170 ........... 7,560
Northern Rockfish \11\......................... W 840 840 ........... ...........
C 4,150 4,150 ........... ...........
E 10 10 ........... ...........
--------------------------
Total.................................. ........... 5,000 5,000 ........... 9,420
Pelagic shelf rockfish \12\.................... W 620 620 ........... ...........
C 3,260 3,260 ........... ...........
E 1,000 1,000 ........... ...........
--------------------------
Total.................................. ........... 4,880 4,880 ........... 8,040
Thornyhead rockfish............................ W 250 250 ........... ...........
C 710 710 ........... ...........
E 1,040 1,040 ........... ...........
--------------------------
Total.................................. ........... 2,000 2,000 ........... 2,840
Demersal shelf rockfish \13\................... SEO 560 560 ........... 950
Atka mackerel.................................. GW 600 600 ........... 6,200
Other \14\ species............................. GW \15\ N/A 15,570 ........... ...........
========================== ============
Total \16\............................. ........... 548,650 327,046 ........... 817,270
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\1\ Regulatory areas and districts are defined at Sec. 679.2.
\2\ Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3),
each of which is further divided into three seasonal allowances. In the Eastern Regulatory Area, pollock is
not divided into seasonal allowances.
\3\ Pacific cod is allocated 90 percent for processing by the inshore component and 10 percent for processing by
the offshore component. Component allocations are shown in Table 4.
\4\ ``Deep water flatfish'' means Dover sole, Greenland turbot, and deepsea sole.
[[Page 12031]]
\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\ ``Northern rockfish'' means Sebastes polyspinis.
\12\ ``Pelagic shelf rockfish'' means Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus
(yellowtail).
\13\ ``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).
\14\ ``Other species'' means sculpins, sharks, skates, 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. Apportionments of Reserves
Regulations implementing the FMP require 20 percent of each TAC for
pollock, Pacific cod, flatfish, 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 10 years, including 1997, NMFS
has reapportioned all of the reserves in the final harvest
specifications except for Pacific cod in 1997. Except for Pacific cod,
NMFS proposed reapportionment of all reserves for 1998 in the proposed
GOA groundfish specifications published in the Federal Register on
December 15, 1997 (62 FR 65644). NMFS received no public comments on
the proposed reapportionments. For 1998, NMFS has reapportioned all of
the reserves for pollock, flatfish, 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, which reflect the
withholding of the Pacific cod TAC reserves as follows: 4,634 mt in the
Western GOA, 8,346 mt in the Central GOA, and 234 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. In
previous years the Council has recommended the trawl allocation of
sablefish TAC be subdivided between the West Yakutat and Southeast
Outside Districts. However, the Council expects that part of the
License Limitation Program (amendment 41 to the FMP) implementing a no
trawl zone East of 140 deg. W. long. (the Southeast Outside District)
will become effective during the 1998 fishing year. As a result, a
single trawl allocation for the Eastern Regulatory Area is established
with the expectation that all trawl harvest of sablefish will occur in
the West Yakutat District once the Southeast Outside District trawl
closure becomes effective. The 1998 management of the Eastern
Regulatory Area allocation of sablefish to trawl gear will have no
effect on the amount of sablefish allocated to vessels using hook-and-
line gear in either the West Yakutat or the Southeast Outside
Regulatory Districts. Table 2 shows the allocations of the 1998
sablefish TACs between hook-and-line and trawl gear. In the Eastern
Regulatory Area the trawl allocation is not apportioned by district
while the hook-and-line allocation is apportioned into the West Yakutat
and Southeast Outside Districts.
Table 2.--1998 Sablefish TAC Specifications in the Gulf of Alaska and
Allocations Thereof to Hook-and-line and Trawl Gear
------------------------------------------------------------------------
Hook-and-Line
Area/District TAC apportionment Trawl
(mt) apportionment
------------------------------------------------------------------------
Western...................... 1,840 1,472 368
Central...................... 6,320 5,056 1,264
Eastern...................... 5,960 ............. 298
West Yakutat................. ........... 2,175 .............
Southeast Outside............ ........... 3,487 .............
------------------------------------------
Total.................... 14,120 12,190 1,930
------------------------------------------------------------------------
[[Page 12032]]
4. Apportionments of Pollock TAC Among Regulatory Areas and Seasons,
and Allocations for Processing by Inshore and Offshore Components
In the GOA, pollock is apportioned by area and season, and is
further 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 in
proportion to the distribution of pollock biomass as determined by the
most recent NMFS surveys among the Shumagin (610), Chirikof (620), and
Kodiak (630) statistical areas. 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. As mentioned above, at its February 1998 meeting, the Council
approved a regulatory amendment to shift 10 percent of the pollock TAC
in the Western and Central Regulatory Areas of the GOA from September 1
to June 1. This shift will result in seasonal apportionments of 25
percent of the pollock TAC to the January 1 season, 35 percent to the
June 1 season, and 40 percent to the September 1 season. This change
was identified during the section 7 consultation on the final 1998
harvest specifications as a reasonable and prudent measure to limit the
potential impacts of pollock fishing on sea lions during the critical
fall and winter months. NMFS is proceeding with rulemaking to make the
regulatory changes, which, if approved, could become effective by the
June 1, 1998, fishing season.
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) and (f). 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 in Table 3,
except that 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 Seasonal Allowances. ABC for the W/C GOA is 119,150 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 5 mt
----------------------------------------------------------------------------------------------------------------
Seasonal allowances
Statistical area Biomass 1998 ABC = --------------------------------------
percent TAC First Second (mt) Third
----------------------------------------------------------------------------------------------------------------
Shumagin (610)................................. 25 29,790 7,450 7,450 14,890
Chirikof (620)................................. 42 50,045 12,510 12,510 25,025
Kodiak (630)................................... 33 39,315 9,830 9,830 19,655
----------------------------------------------------------------
Total...................................... 100 119,150 29,790 29,790 59,570
----------------------------------------------------------------------------------------------------------------
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 Pacific cod initial TAC for 1998 are shown in
Table 4. The Pacific cod reserves are not included in the table.
Table 4.--1998 Allocation 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%) (mt) (10%)
------------------------------------------------------------------------
Western.......................... 18,536 16,682 1,854
Central.......................... 33,374 30,037 3,337
Eastern.......................... 936 842 94
--------------------------------------
[[Page 12033]]
Total........................ 52,846 47,561 5,285
------------------------------------------------------------------------
6. Pacific Halibut 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 1997, the Council recommended that pot gear, jig gear, and
the hook-and-line sablefish fishery be exempted from the non-trawl
halibut limit for 1998. The Council recommended these exemptions
because of the low halibut bycatch mortality experienced in the pot
gear fisheries (14 mt in 1997), the jig gear fisheries (not estimated
in 1997), 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 1997, the Council recommended a hook-and-line halibut PSC
mortality limit of 300 mt. Ten mt of this limit are apportioned to the
demersal shelf rockfish fishery. The remainder is seasonally
apportioned among the non-sablefish hook-and-line fisheries as shown in
Table 5.
The Council continued to recommend a trawl halibut 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. Regulations at Sec. 679.21(d)(5) authorize
seasonal apportionments of halibut PSC limits.
NMFS concurs with the Council's recommendations. The following
types of information as presented in, and summarized from, the current
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
based on 1997 observed halibut bycatch rates and NMFS's estimates of
groundfish catch. The calculated halibut bycatch mortality by trawl,
hook-and-line, and pot gear through December 31, 1997, is 2,011 mt, 217
mt, and 14 mt, respectively, for a total of 2,242 mt.
Halibut bycatch restrictions seasonally constrained trawl gear
fisheries throughout 1997. Trawling for the deep-water fishery complex
was closed during the first quarter on March 15 (62 FR 13352, March 20,
1997), for the second quarter on April 14 (62 FR 18725, April 17, 1997)
and for the third quarter on July 20 (62 FR 39782, July 24, 1997). The
shallow-water complex was closed in the second quarter on May 6 (62 FR
25138, May 8, 1997) and in the third quarter on August 11 (62 FR 43485,
August 14, 1997). All trawling was closed in the fourth quarter on
November 26 (62 FR 63887, December 3, 1997).
The amount of groundfish that trawl gear might have harvested if
halibut had not been seasonally limiting in 1997, is unknown.
(B) Expected Changes in Groundfish Stocks
At its December 1997 meeting, the Council adopted higher ABCs for
pollock, arrowtooth, pelagic shelf rockfish, and thornyhead rockfish
than those established for 1997. The Council adopted lower ABCs for
Pacific cod, sablefish, POP, demersal shelf rockfish, and Atka mackerel
than those established for 1997. More information on these changes is
included in the Final SAFE report and in the Council and SSC minutes.
(C) Expected Changes in Groundfish Catch
The total of the 1998 TACs for the GOA is 327,176 mt, an increase
of 15 percent from the 1997 TAC total of 282,815 mt. Those fisheries
for which the 1998 TACs are lower than in 1997 are Pacific cod
(decreased to 66,060 mt from 69,115 mt), sablefish (decreased to 14,120
mt from 14,520 mt), pelagic shelf rockfish (decreased to 5,000 mt from
5,140 mt), demersal shelf rockfish (decreased to 560 mt from 950 mt),
and Atka mackerel (decreased to 600 mt from 1,000 mt). Those species
for which the 1998 TACs are higher than in 1997 are pollock (increased
to 124,730 mt from 79,980 mt), POP (increased to 10,776 mt from 9,190
mt), thornyhead rockfish (increased to 2,000 mt from 1,700 mt), and
other species (increased to 15,450 mt from 13,470 mt).
(D) Current Estimates of Halibut Biomass and Stock Condition
The stock assessment for 1997 conducted by the IPHC indicates that
the total exploitable biomass of Pacific halibut in the BSAI and GOA
management areas together was 289,216 mt.
In previous years, stock assessments used a catch-age model, which
did not take into account that Pacific halibut have undergone a rapid
reduction in body growth in recent years, with average weight-at-age
now half of what it was 20 years ago. To address problems with the
previous stock assessment model, an alternative assessment model was
developed which accounts for possible changes in fishing selectivity
with age that result from changes in size at age. Exploitable biomass
estimates have increased under the new stock assessment. The increase
in the estimates is principally due to: (1) selectivity of the
different age classes is now better represented; (2) bycatch mortality,
along with other removals, is now included directly in the assessment;
and (3) information from IPHC hook-and-line surveys is now explicitly
incorporated into the assessment. Under previous assessment methods the
recruitment trend estimates were in severe decline. Some decline is
still predicted; however, the decline is not severe and the strength of
more recent year classes is better represented in the assessment model.
The IPHC has also reduced the target exploitation rate from 0.3 to 0.2,
based on analysis that demonstrated that harvest rates in the range of
0.2-0.25 may achieve close to maximum yields under different
recruitment scenarios while having a high probability that the stock
level stays within the range of historical abundance. Additional
information on the Pacific halibut stock assessment may be found in the
SAFE report.
(E) Other Factors
Potential impacts of expected fishing for groundfish on halibut
stocks, as well as methods available for, and costs of,
[[Page 12034]]
reducing halibut bycatch in the groundfish fisheries were discussed in
the proposed 1998 specifications (62 FR 65644, December 15, 1997). That
discussion is not repeated here.
7. 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 PSC limits: 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 1997 groundfish and PSC specifications
(62 FR 8179, February 24, 1997) 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
1997. Pacific halibut PSC limits, and apportionments thereof, are
presented in Table 5. 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
1998 season.
Table 5.--Final 1998 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other than DSR DSR
--------------------------------------------------------------------------------------------------
Dates Amount Amount Amount
Dates -------------------------- Dates -------------------------
(mt) (%) (mt) (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 complex, comprised
of sablefish, rockfish, deep-water flatfish, rex sole and arrowtooth
flounder; and a shallow-water species complex, comprised of pollock,
Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and
other species. The apportionment for these two fishery complexes is
presented in Table 6.
Table 6.--Final 1998 Apportionment of Pacific Halibut PSC Trawl Limits
Between the Deep-water Species Complex and the Shallow-water Species
Complex
------------------------------------------------------------------------
Shallow- Deep-water
Season water (mt) 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.................. 800 800 1,600
Oct. 1-Dec. 31................... ........... ........... 400
--------------------------------------
Total........................ ........... ........... 2,000
No apportionment between shallow-water and deep-water fishery
complexes 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 1998 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
1995 and 1996. For fisheries where a steady trend from 1993 to 1996
towards increasing or decreasing mortality rates was observed, the IPHC
recommended using the most recent year's observed rate. Rates for 1995
and 1996 were lacking for some fisheries, so rates from the most recent
years were used. For fisheries where insufficient mortality data are
available the mortality rate for Pacific cod for that gear type was
recommended as a default rate. Most of the assumed mortality rates
recommended for 1998 differ slightly from those used in 1997. The
recommended rates for hook-and-line targeted fisheries range from 9 to
24 percent. The recommended rates for most trawl targeted fisheries are
higher and range from 57 to 73 percent. The recommended rate for all
pot targeted fisheries is lower at 14 percent. The 1998 assumed halibut
mortality rates are listed in Table 7.
[[Page 12035]]
Table 7.--1998 Assumed Pacific Halibut Mortality Rates for Vessels
Fishing in the Gulf of Alaska. Listed Values Are Percent of Halibut
Bycatch Assumed To Be Dead
------------------------------------------------------------------------
Mortality
Gear and target rate (%)
------------------------------------------------------------------------
Hook-and-Line:
Sablefish.............................................. 24
Pacific cod............................................ 12
Rockfish............................................... 9
Other species.......................................... 12
Trawl:
Midwater pollock....................................... 66
Rockfish............................................... 68
Shallow-water flatfish................................. 71
Pacific cod............................................ 67
Deep-water flatfish.................................... 64
Flathead sole.......................................... 67
Rex sole............................................... 69
Bottom pollock......................................... 73
Atka mackerel.......................................... 57
Sablefish.............................................. 67
Other species.......................................... 67
Pot
Pacific cod............................................ 14
Other species.......................................... 14
------------------------------------------------------------------------
Classification
This action is authorized under 50 CFR 679.20 and is exempt from
review under E.O. 12866.
This action adopts final 1998 harvest specifications for the GOA,
and revises associated management measures. Generally, this action does
not significantly revise management measures in a manner that would
require time to plan or prepare for those revisions. The immediate
effectiveness of this action is required to provide consistent
management and conservation of fishery resources. Accordingly, the
Assistant Administrator for Fisheries, NOAA 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.
A formal section 7 consultation under the Endangered Species Act
was initiated for the final 1998 GOA specifications. In a biological
opinion dated March 2, 1998, the Assistant Administrator determined
that fishing activities conducted under final 1998 GOA specifications
are not likely to jeopardize the continued existence of the western
population of Steller sea lions and is not likely to destroy or
adversely modify designated critical habitat for the species in Alaska.
The biological opinion also determined that NMFS must implement
reasonable and prudent measures to protect Steller sea lions:
1. NMFS will reapportion 10 percent of the 1998 pollock TAC in
the combined W/C Regulatory Area from the September 1 season to the
June 1 season. This will result in a 25 percent, 35 percent, and 40
percent distribution of pollock TAC among the January 1, June 1, and
September 1 seasons, respectively.
2. Reapportionment will take place before the beginning of the
June 1 season.
NMFS prepared an environmental assessment (EA) on the 1998 TAC
specifications. The total harvest levels examined in the EA do not
exceed the OY. The models used to derive catch levels are both
conservative and based on the best scientific information available.
The Assistant Administrator concluded that no significant impact on the
environment will result from implementation of the 1998 specifications.
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 (SBA) that this final
specification will not have a significant economic impact on a
substantial number of small entities. No comments were received
regarding this certification. Consequently, no regulatory flexibility
analysis has been prepared.
Authority: 16 U.S.C. 773 et seq. 16 U.S.C. 1801 et seq., and
3631 et seq.
Dated: March 9, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-6381 Filed 3-9-98; 2:05 pm]
BILLING CODE 3510-22-P
