[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12689-12697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6620]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 971208298-8055-02; I.D. 112097B]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Final 1998 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1998 specifications for groundfish and associated
management measures; apportionment of reserves.
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SUMMARY: NMFS announces final 1998 harvest specifications, prohibited
species bycatch allowances, and associated management measures for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits and
associated management measures for groundfish during the 1998 fishing
year. The intended effect of this action is to conserve and manage the
groundfish resources in the BSAI.
DATES: The final 1998 harvest specifications and associated
apportionment of reserves are effective at 1200 hrs, Alaska local time
(A.l.t.), March 11, 1998 through 2400 hrs, A.l.t., December 31, 1998.
Comments on the apportionment of reserves must be submitted by March
31, 1998.
ADDRESSES: The final Environmental Assessment (EA) and Final Regulatory
Flexibility Analysis prepared for the 1998 Total Allowable Catch
Specifications may be obtained from the Sustainable Fisheries Division,
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori
Gravel, or by calling 907-586-7229. Comments on the apportionment of
reserves may be sent to Sue Salveson, Assistant Regional Administrator
for Sustainable Fisheries, at the same address. The final 1998 Stock
Assessment and Fishery Evaluation (SAFE) Report, dated November 1997,
is available from the North Pacific Fishery Management Council, West
4th Avenue, Suite 306, Anchorage, AK 99510-2252 (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Groundfish fisheries in the BSAI are governed by Federal
regulations at 50 CFR part 679 that implement the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Island
Area (FMP). The FMP was prepared by the North Pacific Fishery
Management Council (Council) and approved by NMFS under the Magnuson-
Stevens Fishery Conservation and Management Act.
The FMP and implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species and the ``other species'' category,
the sum of which must be within the optimum yield (OY) range of 1.4
million to 2.0 million metric tons (mt) (Sec. 679.20(a)(1)(i)).
Regulations under Sec. 679.20(c)(1) further require NMFS to publish
annually and solicit public comment on proposed annual TACs, prohibited
species catch (PSC) allowances, seasonal allowances of the pollock TAC,
and amounts for the Community Development Quota (CDQ) and Prohibited
Species Quota (PSQ) reserves. The final specifications set forth in
Tables 1 through 7 of this action satisfy these requirements. For 1998,
the sum of the TAC is 2 million mt.
The proposed BSAI groundfish specifications and specifications for
prohibited species bycatch allowances for the groundfish fishery of the
BSAI were published in the Federal Register on December 15, 1997 (62 FR
65638), and corrected on December 17, 1997 (62 FR 67041). Comments were
invited through January 14, 1998. Five comments were received and are
summarized and responded under in the Response to Comments section.
Public consultation with the Council occurred during the December 1997
Council meeting in Anchorage, AK. After considering public comments
received, as well as biological and economic data that were available
at the Council's December meeting, NMFS is implementing the final 1998
specifications as recommended by the Council.
Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of
each proposed initial TAC (ITAC) amount and apportionment thereof, one-
fourth of each proposed PSC allowance established under Sec. 679.21,
and the first seasonal allowances of pollock become available at 0001
hours Alaska local time (A.l.t.), January 1, on an interim basis and
remain in effect until superseded by the final specifications.
Regulations at Sec. 679.20(c)(2)(ii) do not provide for an interim
specification either for sablefish CDQ reserve or for sablefish managed
under the Individual Fishing Quota management plan. NMFS published the
interim 1998 specifications in the Federal Register on December 15,
1997 (62 FR 65626). The final 1998 groundfish harvest specifications
and prohibited species bycatch allowances contained in this action
supersede the interim 1998 specifications.
Acceptable Biological Catch (ABC) and TAC Specifications
The specified ABC and TAC for each species are based on the best
available biological and socioeconomic information. The Council, its
Advisory Panel (AP), and its Scientific and Statistical Committee (SSC)
reviewed current biological information about the condition of
groundfish stocks in the BSAI at their September and December 1997
meetings. This information was compiled by the Council's BSAI
Groundfish Plan Team (Plan Team) and is presented in the final 1998
SAFE report for the BSAI groundfish fisheries, dated November 1997. The
SAFE report, produced annually by the Plan Team, reviews the latest
scientific analyses and estimates of each species' biomass and of other
biological parameters, as well as summaries of the available
information on the BSAI ecosystem and the economic condition of
groundfish fisheries off Alaska. From these data and analyses, the Plan
Team estimates an ABC for each species or species category.
The ABC amounts adopted by the Council for the 1998 fishing year
are based on the best available scientific information, including
projected biomass trends, information on assumed distribution of stock
biomass, and revised technical methods used to calculate stock biomass.
In general, the development of ABC and overfishing levels involves
sophisticated statistical analyses of fish populations and is based on
a successive series of six levels, or tiers, of reliable information
available to fishery scientists. Details of the Plan Team's
recommendations for 1998 overfishing and ABC amounts for each species
are provided in the final 1998 SAFE report.
At its September 1997 meeting, the SSC, AP, and Council reviewed
the Plan Team's preliminary recommendations for the 1998 proposed ABC
amounts.
[[Page 12690]]
The preliminary ABCs for each species for 1998 and other biological
data from the September 1997 draft SAFE report were provided in the
discussion supporting the proposed 1998 specifications (62 FR 65638,
December 15, 1997). Based on the SSC's comments concerning technical
methods and new biological data not available in September, the Plan
Team revised its ABC recommendations in the final SAFE report. The
revised ABC recommendations were again reviewed and endorsed by the
SSC, AP, and Council at their December 1997 meetings. The final ABCs as
adopted by the Council are listed in Table 1.
The Council adopted the AP's recommendations for TAC amounts. These
recommendations were based on the final ABCs as adjusted for other
biological and socioeconomic considerations, including maintaining the
total TAC in the required OY range of 1.4 million to 2.0 million mt.
None of the Council's recommended TACs for 1998 exceeds the final ABC
for any species category. Therefore, NMFS finds that the recommended
TACs are consistent with the biological condition of groundfish stocks.
The Council recently adopted Amendment 36 to the FMP, which would
establish a new species category for forage fish species. A notice of
availability of Amendment 36 was published in the Federal Register on
November 12, 1997 (62 FR 60682). A proposed rule to implement Amendment
36 was published in the Federal Register on December 12, 1997 (62 FR
65402). As approved by NMFS on February 6, 1998, Amendment 36 removes
capelin, eulachon, and smelt from the ``other species'' category and
places them in a new forage fish species category. However, this action
does not affect the TAC for the remaining species in the ``other
species'' category. Under Amendment 36, ABC and TAC amounts would not
be specified for forage fish species. Instead, these species would be
placed on permanent bycatch status with a maximum retainable bycatch
amount of 2 percent.
Table 1 lists the 1998 ABC, TAC, ITAC, and CDQ reserve amounts,
overfishing levels, and initial apportionments of groundfish in the
BSAI. The apportionment of TAC amounts among fisheries and seasons is
discussed below.
Table 1.--1998 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve
Allocation and Overfishing Levels of Groundfish in the Bering Sea (BS) and Aleutian Islands Area (AI) \1\
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Overfishing
Species Area ABC TAC ITAC \2\ CDQ reserve level
-------------------------------------------------------------------------------\3\------------------------------
Pollock...................... BS.............. 1,110,000 1,110,000 943,500 83,250 2,060,000
AI.............. 23,800 23,800 20,230 1,785 31,700
Bogoslof 6,410 1,000 850 75 8,750
District.
Pacific cod.................. BSAI............ 210,000 210,000 178,500 15,750 336,000
Sablefish \4\................ BS.............. 1,300 1,300 553 179 2,160
AI.............. 1,380 1,380 293 233 2,230
Atka mackerel \5\............ Total........... 64,300 64,300 54,655 4,823 134,000
Western AI...... 27,000 27,000 22,950 2,025 ...........
Central AI...... 22,400 22,400 19,040 1,680 ...........
Eastern AI/BS... 14,900 14,900 12,665 1,118 ...........
Yellowfin sole............... BSAI............ 220,000 220,000 187,000 16,500 314,000
Rock sole.................... BSAI............ 312,000 100,000 85,000 7,500 449,000
Greenland turbot............. Total........... 15,000 15,000 12,750 1,125 22,300
BS.............. ........... 10,050 8,543 754 ...........
AI.............. ........... 4,950 4,208 371 ...........
Arrowtooth flounder.......... BSAI............ 147,000 16,000 13,600 1,200 230,000
Flathead sole................ BSAI............ 132,000 100,000 85,000 7,500 190,000
Other flatfish \6\........... BSAI............ 164,000 89,434 76,019 6,708 253,000
Pacific ocean perch.......... BS.............. 1,400 1,400 1,190 105 3,300
AI Total........ 12,100 12,100 10,285 908 20,700
Western AI...... 5,580 5,580 4,743 419 ...........
Central AI...... 3,450 3,450 2,933 259 ...........
Eastern AI...... 3,070 3,070 2,610 230 ...........
Other red rockfish \7\....... BS.............. 267 267 227 20 356
Sharpchin/Northern........... AI.............. 4,230 4,230 3,596 317 5,640
Shortraker/rougheye.......... AI.............. 965 965 820 72 1,290
Other rockfish \8\........... BS.............. 369 369 314 28 492
AI.............. 685 685 582 51 913
Squid........................ BSAI............ 1,970 1,970 1,675 148 2,620
Other species \9\............ BSAI............ 25,800 25,800 21,930 1,935 134,000
Total.................. ................ 2,454,976 2,000,000 1,698,568 150,211 4,202,451
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\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea and Aleutian Islands area unless
otherwise specified. With the exception of pollock, and for the purpose of these specifications, the BS
includes the Bogoslof District.
\2\ Except for the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC
is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these
reserves. Except for sablefish (see footnote 3), one half of the amount of the TACs placed in reserve, or 7.5
percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (see Sec. 679.31(a)(1)).
\3\ Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ
participants (see Sec. 679.31(c)). Regulations at Sec. 679.20(b)(1) do not provide for the establishment of
an ITAC for the hook-and-line and pot gear allocation for sablefish. The ITAC for sablefish reflected in Table
1 is for trawl gear only.
\4\ Regulations at Sec. 679.20(a)(4) require sablefish TACs for BSAI subareas be divided between trawl and hook-
and-line/pot gear in the following proportions: BS subarea; trawl gear 50 percent, hook-and-line/pot gear 50
percent: AI subarea; trawl gear 25 percent, hook-and-line/pot gear 75 percent.
\5\ Regulations at Sec. 679.20(a)(8) require that up to 2 percent of Atka mackerel TAC specified for the
Eastern Aleutian Islands District and Bering Sea subarea, after subtraction for reserves, be allocated to
vessels using jig gear. For 1998, 1 percent of ITAC, or 127 mt, is allocated to jig gear.
[[Page 12691]]
\6\ ``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species), flathead
sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.
\7\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.
\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,
northern, shortraker, and rougheye.
\9\ ``Other species'' includes sculpins, sharks, skates, and octopus.
Reserves
Fifteen percent of the TAC for each target species or species
group, except the hook-and-line and pot gear allocation of sablefish,
is automatically placed in a non-specified reserve (Sec. 679.20(b)(1)).
A portion of the non-specified reserve is allocated to the CDQ reserve.
The remainder of the non-specified reserve is not designated by species
or species group, and any amount of the reserve may be reapportioned to
a target species or the ``other species'' category during the year,
providing that such reapportionments do not result in overfishing.
Amendment 39 to the FMP was approved by NMFS on September 12, 1997.
Under amendment 39, the portion of the non-specified reserve that is
placed in the CDQ reserve is increased to accommodate the multi-species
CDQ program. Except for sablefish, one half of each TAC amount placed
in the non-specified reserve (7.5 percent of the total TAC amount) is
allocated to the CDQ reserve. Regulations at Sec. 679.31(c) require
NMFS to withhold 20 percent of the hook-and-line and pot gear sablefish
allocation as CDQ reserve. Amendment 39 also requires NMFS to withhold
7.5 percent of each PSC limit as a separate PSQ reserve for the CDQ
fisheries. Regulations governing the management of the CDQ and PSQ
reserves are set forth at Sec. 679.30 and Sec. 679.31.
A final rule partially implementing Amendment 39 was published
February 19, 1998 (63 FR 8356). The rule authorizes the establishment
of multi-species CDQ reserves for those groundfish TAC categories for
which there is no existing CDQ program. It does not include measures
that allow fishing to begin on those reserves. The multi-species CDQ
program will be implemented by a separate final rule establishing
management measures for the multi-species CDQ program. Pending timely
approval of the final rule and the associated Community Development
Plans, multi-species CDQ fishing could take place in 1998. Under the
final rule partially implementing Amendment 39, NMFS may add any amount
of the 1998 CDQ reserve back to the non-specific reserve if the
Administrator, Alaska Region, NMFS (Regional Administrator) determines
that the amount will not be used by CDQ groups during the remainder of
the 1998 fishing year.
The Council recommended that the CDQ pollock reserve be seasonally
apportioned so that no more than 45 percent of the 1998 Bering Sea
allocation may be harvested during the pollock roe season, January 1
through April 15. Up to 100 percent of the 1998 Aleutian Islands or of
the Bogoslof District pollock CDQ allocation could be harvested during
this time period. The same apportionment was recommended for the non-
CDQ pollock ITAC. Apportionment of the Nonspecified Reserve.
The Regional Administrator has determined that the ITACs specified
for the species listed below need to be supplemented from the
nonspecified reserve because U.S. fishing vessels have demonstrated the
capacity to harvest the full TAC amounts. ITACs for these species have
been supplemented from the nonspecified reserve during the past 5
years, and no reason exists to not make the full TAC amount, minus the
CDQ reserves, available at the beginning of the fishing year.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS is apportioning
the amounts shown in Table 2 from the nonspecified reserve to increase
the ITAC.
Table 2.--Apportionment of the Nonspecified Reserve to ITAC Categories.
------------------------------------------------------------------------
Reserve amount
Species--area or subarea (mt)
------------------------------------------------------------------------
Pollock--Bering Sea..................................... 83,250
Pollock--Aleutian Islands............................... 1,785
Atka mackerel--Western Aleutian Islands................. 2,025
Atka mackerel--Central Aleutian Islands................. 1,680
Atka mackerel--Eastern Aleutian Is. & Bering Sea subarea 1,118
Pacific ocean perch--Western Aleutian Islands........... 419
Pacific ocean perch--Central Aleutian Islands........... 259
Pacific Ocean perch--Eastern Aleutian Islands........... 230
Pacific cod--BSAI....................................... 15,750
Total............................................. 106,516
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Seasonal Allowances of Pollock TACs
Under Sec. 679.20(a)(5)(i)(A), the pollock ITAC for each subarea or
district of the BSAI is divided into two seasonal allowances. The first
allowance is made available for directed fishing from January 1 to
April 15 (roe season), and the second allowance is made available from
September 1 until November 1 (non-roe season). The Council recommended
that the seasonal allowances for the Bering Sea pollock roe and non-roe
seasons be specified at 45 percent and 55 percent of the ITAC amounts,
respectively (Table 3). As in past years, 100 percent of the pollock
TAC amounts specified for the Aleutian Islands subarea and the Bogoslof
District will be apportioned to the roe season, with any TAC remaining
following the end of roe season made available during non-roe season.
When specifying seasonal allowances of the pollock TAC, the Council
and NMFS considered the factors specified in section 14.4.10 of the
FMP. A discussion of these factors relative to the roe and non-roe
seasonal allowances was presented in the final 1993 specifications for
BSAI groundfish (58 FR 8703, February 17, 1993). At this time, the
Council's findings are unchanged from those set forth for 1993, given
that the relative seasonal allowances are the same.
[[Page 12692]]
Allocation of the Pollock TAC to the Inshore and Offshore
Components
Regulations at Sec. 679.20(a)(6)(i) require that pollock ITAC
amounts be allocated 35 percent to vessels catching pollock for
processing by the inshore component and 65 percent to vessels catching
pollock for processing by the offshore component. Definitions of these
components are found at Sec. 679.2. The 1998 TAC specifications are
consistent with these requirements (Table 3).
Table 3.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts \1\
----------------------------------------------------------------------------------------------------------------
Nonspecified Roe season Non-roe
Subarea and component TAC reserve CDQ reserve ITAC \2\ season \3\
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Bering Sea....................... 1,110,000 (\4\) 83,250 1,026,750 462,038 564,713
Inshore...................... ........... ............ ........... 359,363 161,713 197,649
Offshore..................... ........... ............ ........... 667,388 300,324 367,063
Aleutian Islands................. 23,800 (\4\) 1,785 22,015 22,015 (\5\)
Inshore...................... ........... ............ ........... 7,705 7,705 (\5\)
Offshore..................... ........... ............ ........... 14,310 14,310 (\5\)
Bogoslof District................ 1,000 75 75 850 850 (\5\)
Inshore...................... ........... ............ ........... 298 298 (\5\)
Offshore..................... ........... ............ ........... 553 553 (\5\)
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\1\ Based on an offshore component allocation of 0.65 (ITAC) and on an inshore component allocation of 0.35
(ITAC).
\2\ January 1 through April 15--based on a 45/55 split (roe = 45 percent).
\3\ September 1 until November 1--based on a 45/55 split (non-roe equals 55 percent).
\4\ Released.
\5\ Remainder.
Allocation of the Atka Mackerel TAC
A final rule implementing Amendment 34 to the FMP was published
December 31, 1997 (62 FR 68228), and became effective January 30, 1998.
This amendment requires that up to 2 percent of the Eastern Aleutian
Islands district and the Bering Sea subarea Atka mackerel TAC, after
subtraction for reserves, be allocated to the jig gear fleet. The
amount of this allocation is determined annually by the Council based
on the anticipated harvest capacity of the jig gear fleet. At its June
1997 meeting, the Council noted its intent to allocate 1 percent of
Atka mackerel TAC in the Eastern Aleutian Islands district/Bering Sea
subarea to the jig gear fleet. Based on an ITAC of 12,665 mt, the jig
gear allocation is 127 mt.
Allocation of the Pacific Cod TAC
Based on information not available at the time of the publication
of the proposed specifications and the use of a new, more risk adverse
model for determining stock status, the final Pacific cod TAC
recommended by the Council is 20 percent, or 60,000 mt lower than the
amount published in the proposed specifications.
Under Sec. 679.20(a)(7), 2 percent of the Pacific cod ITAC is
allocated to vessels using jig gear, 51 percent to vessels using hook-
and-line or pot gear, and 47 percent to vessels using trawl gear. The
portion of the Pacific cod TAC allocated to trawl gear is further
allocated 50 percent to catcher vessels and 50 percent to catcher
processor vessels (Sec. 679.20(a)(7)(i)(B)). At its December 1997
meeting, the Council recommended seasonal allowances for the portion of
the Pacific cod TAC allocated to the hook-and-line and pot gear
fisheries. The seasonal allowances are authorized under
Sec. 679.20(a)(7)(iv) and are intended to provide for the harvest of
Pacific cod when flesh quality and market conditions are optimum and
Pacific halibut bycatch rates are low. The Council's recommendations
for seasonal apportionments are based on the following factors: (1)
Seasonal distribution of Pacific cod relative to prohibited species
distributions, (2) variations in prohibited species bycatch rates in
the Pacific cod fisheries throughout the year, and (3) economic effects
of seasonal allowances of Pacific cod on the hook-and-line and pot gear
fisheries. Table 4 lists the 1998 allocations and seasonal
apportionments of the Pacific cod TAC, minus the CDQ reserves.
Consistent with Sec. 679.20(a)(7)(iv)(C), any portion of the first
seasonal allowance of the hook-and-line and pot gear allocation that is
not harvested by the end of the first season will become available on
September 1, the beginning of the third season.
Table 4.--1998 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod ITAC
----------------------------------------------------------------------------------------------------------------
Share ITAC Seasonal apportionment
Gear Percent TAC \1\ (mt) ----------------------------------------------------
Date Percent Amount
----------------------------------------------------------------------------------------------------------------
Jig.............................. 2 3,885 Jan1-Dec 31.............. 100 3,885
Hook-&-line/pot gear............. 51 99,068 Jan 1-Apr 30 \2\......... 71 70,735
May 1-Aug 31............. 15 15,000
Sep 1-Dec 31............. 13 13,332
Trawl gear....................... 47 91,298 Jan 1-Dec 31............. 100 91,298
Catcher vessel (50%)......... 45,649
Catcher/processor (50%)..... 45,649
---------------------------
Total...................... 100 194,250
----------------------------------------------------------------------------------------------------------------
\1\ ITAC for Pacific cod is equal to the TAC less the CDQ reserve.
\2\ Any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line
or pot gear fishery will be reapportioned to the third seasonal allowance.
[[Page 12693]]
Sablefish Gear Allocation
Regulations at Sec. 679.20(a)(4) require that sablefish TACs for
the BSAI subareas be divided between trawl and hook-and-line/pot gear
types. Gear allocations of TACs are established in the following
proportions: Bering Sea subarea: Trawl gear--50 percent and hook-and-
line/pot gear--50 percent; and Aleutian Islands subarea: Trawl gear--25
percent and hook-and-line/pot gear--75 percent. In addition,
regulations under Sec. 679.31(c) require NMFS to withhold 20 percent of
the hook-and-line/pot gear sablefish allocation as sablefish CDQ
reserve. Gear allocations of the sablefish TAC and CDQ reserve amounts
are specified in Table 5.
Table 5.--1998 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
----------------------------------------------------------------------------------------------------------------
Percent of Share of Initial TAC
Subarea & gear TAC TAC (mt) (mt) \1\ CDQ Reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl \2\............................................... 50 650 553 49
Hook-&-line/pot gear \3\................................ 50 650 N/A 130
---------------------------------------------------
Total................................................. ........... 1,300 553 179
===================================================
Aleutian Islands:
Trawl................................................... 25 345 293 26
Hook-&-line/pot gear.................................... 75 1,035 N/A 207
---------------------------------------------------
Total................................................. ........... 1,380 293 233
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.
The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5
percent of the specified TAC) is reserved for the multi-species CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
allocated TAC is reserved for use by CDQ participants. Regulations in Sec. 679.20(b)(1) do not provide for
the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
Allocation of Prohibited Species Catch (PSC) Limits for Halibut, Crab
and Herring
Under Amendment 39, 7.5 percent of each PSC limit is reserved as a
PSQ reserve for use by the multi-species CDQ program. NMFS may return
any unused 1998 PSQ reserve to the non-CDQ fisheries if the Regional
Administrator determines that it will not be used during the remainder
of the 1998 fishing year.
PSC limits for halibut are set in regulations at Sec. 679.21(e).
For the BSAI trawl fisheries, the limit is 3,775 mt mortality of
Pacific halibut (Sec. 679.21(e)(1)(iii)) and for non-trawl fisheries,
the limit is 900 mt mortality (Sec. 679.21(e)(2)). PSC limits for crab
and herring are specified annually based on abundance and spawning
biomass.
For 1998, the PSC limit of red king crab in Zone 1 for trawl
vessels is 100,000 crab based on the criteria set out at
Sec. 679.21(e)(1)(i). The number of mature female red king crab is
estimated to be above the threshold of 8.4 million animals, and the
effective spawning biomass is estimated to be greater than 14.5 million
lb (6,577 mt) but less than 55 million lb (24,948
mt)(Sec. 679.21(e)(1)(i)(B)).
As specified under Sec. 679.21(e)(3)(ii)(B)(1), vessels using
nonpelagic trawl gear may engage in directed fishing for groundfish in
1998 in the red king crab savings subarea (RKCSS) because the Alaska
Department of Fish and Game established a 1997 guideline harvest level
for the commercial red king crab fishery in Bristol Bay. Regulations at
Sec. 679.21(e)(3)(ii)(B)(2) specify that the amount of the red king
crab bycatch limit specified for the RKCSS, defined at
Sec. 79.21(e)(3)(ii)(B)(1) will not exceed an amount equivalent to 35
percent of the red king crab PSC limit for the rock sole/flathead sole/
other flatfish fishery category. Based on the Council's recommendation,
the 1998 red king crab bycatch allowance for the RKCSS is 24,281 crabs,
or 35 percent of the red king crab bycatch allowance recommended by the
Council for the rock sole/flathead sole/other flatfish fishery
category. The bycatch allowance specified for the rock sole/flathead
sole/other flatfish fishery category is reduced correspondingly to
45,094 crabs. When the total number of red king crab taken by trawl
vessels fishing in the RKCSS reaches the specified bycatch allowance,
further directed fishing for groundfish in the RKCSS by vessels using
nonpelagic trawl gear will be prohibited.
The 1998 C. bairdi PSC limit for trawl gear is 750,000 animals in
Zone 1 and 2.1 million animals in Zone 2. These numbers are based on
the criteria set out at Sec. 679.21(e)(1)(ii). In Zone 1, C. bairdi
abundance is estimated to be greater than 150 million and less than 270
million animals (Sec. 679.21(e)(1)(ii)(A)(2)). In Zone 2, C. bairdi
abundance is estimated to be greater than 175 million and less than 290
million animals (Sec. 679.21(e)(1)(ii)(B)(2)).
A final rule implementing Amendment 40 was published December 22,
1997 (62 FR 66829) and became effective January 21, 1998. This
amendment establishes a PSC limit for C. opilio based on total
abundance as indicated by the NMFS standard trawl survey. The C. opilio
PSC limit is set at 0.1133 percent of the 1997 Bering Sea abundance
index, with a minimum PSC of 4.5 million crabs and a maximum PSC of 13
million crabs. Based on the 1997 survey estimate of 4.1 billion crabs,
the 1998 C. opilio PSC limit for 1998 is 4,654,000 crabs.
The PSC limit of Pacific herring caught while conducting any trawl
operation for groundfish in the BSAI is 1 percent of the annual eastern
Bering Sea herring biomass (Sec. 679.21(e)(1)(v)). NMFS's best estimate
of 1998 herring biomass is 171,450 mt. This amount was derived using
1997 survey data and an age-structured biomass projection model
developed by the Alaska Department of Fish and Game. Therefore, the
herring PSC limit for 1998 is 1,714 mt.
Regulations at Sec. 679.21(e)(3) authorize the apportionment of
each trawl PSC limit into PSC bycatch allowances for seven specified
fishery categories. Regulations at Sec. 679.21(e)(4)(ii) authorize the
apportionment of the
[[Page 12694]]
nontrawl halibut PSC limit among five fishery categories. The fishery
bycatch allowances for the trawl and nontrawl fisheries are listed in
Table 6. Because actual C. opilio bycatch rates for trawl fisheries
within the C. opilio bycatch limitation zone are unknown,
representatives from the trawl industry and the Council's AP requested
that the C. opilio PSC limit not be apportioned among fisheries for
1998. However, Sec. 679.21(e)(3)(ii) requires that the PSC limit be
apportioned among trawl categories. To accommodate the request of the
trawl industry for 1998, NMFS apportions each of the five fisheries a
bycatch allowance of C. opilio that, when added with the amount of C.
opilio taken in the other four fisheries, equals 4,304,950 crabs. The
remaining 349,050 crabs are allocated to the multispecies PSQ program.
New recordkeeping and reporting requirements proposed for 1998 and
beyond would provide information necessary to monitor and allocate the
C. opilio PSC limit among fisheries after 1998.
Regulations at Sec. 679.21(e)(4)(ii) authorize the exemption of
specified non-trawl fisheries from the halibut PSC limit. As in past
years, the Council recommended that pot gear, jig gear, and sablefish
hook-and-line gear fishery categories be exempt from halibut bycatch
restrictions because these fisheries use selective gear types that
experience low halibut bycatch mortality. In 1997, total groundfish
catch for the pot gear fishery in the BSAI was approximately 22,598 mt,
with an associated halibut bycatch mortality of about 14 mt. The 1997
groundfish jig gear fishery harvested about 201 mt of groundfish.
Vessels in the jig gear fleet are less than 60 ft (18.3 m) length
overall and are exempt from observer coverage requirements. As a
result, no observer data are available on halibut bycatch in the jig
gear fishery. Nonetheless, it is probable that the selective nature of
this gear type and the relatively small amount of groundfish harvested
with jig gear result in a negligible amount of halibut bycatch
mortality.
As in past years, the Council recommended that the sablefish
Individual Fishing Quota (IFQ) fishery be exempt from halibut bycatch
restrictions because of the sablefish and halibut IFQ program (subpart
D of part 679). The IFQ program requires legal-sized halibut to be
retained by vessels using hook-and-line gear if a halibut IFQ permit
holder is aboard and is holding unused halibut IFQ, resulting in
lowered amounts of halibut discard in the fishery. In 1995, about 36 mt
of halibut discard mortality was estimated for the sablefish IFQ
fishery. A similar estimate for the 1996 or 1997 fishery has not been
calculated, but NMFS believes that it would not be significantly
different.
Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation
with the Council, to establish seasonal apportionments of prohibited
species bycatch allowances. At its December 1997 meeting, the Council
recommended that halibut bycatch allowances be seasonally apportioned
as shown in Table 6. The recommended seasonal apportionments reflect
recommendations made to the Council by its AP.
The Council recommended seasonal apportionments of the halibut
bycatch allowances specified for the trawl flatfish fisheries to
provide additional fishing opportunities in the BSAI early in the year
and to reduce the incentive for trawl vessel operators to move from the
BSAI to the Gulf of Alaska after the rock sole roe fishery is closed,
typically by early March. Halibut bycatch allowances to the rockfish
fisheries were apportioned in a manner that prevents a directed
rockfish fishery from opening until July 1. This action was taken for
three reasons: (1) To minimize halibut bycatch during the first half of
the year; (2) to reduce bycatch of shortraker and rougheye rockfish,
for which there are overfishing concerns; and (3) to help distribute
effort between the Gulf of Alaska and the BSAI rockfish fisheries
through concurrent July 1 openings in both areas.
The recommended seasonal apportionment of the halibut bycatch
allowance for the pollock/Atka mackerel/other species category is based
on the seasonal allowances of the Bering Sea pollock TAC recommended
for the roe and non-roe seasons. Most of the pollock harvested during
the roe season will be taken with pelagic trawl gear, which has low
halibut bycatch rates. Any unused halibut bycatch mortality apportioned
to the roe season will be available after the roe season.
The Council recommended three seasonal apportionments of the
halibut bycatch allowance specified for the Pacific cod hook-and-line
fishery. This recommendation reflects the seasonal apportionment of
Pacific cod TAC shown in Table 4. It also serves to limit a hook-and-
line fishery for Pacific cod during summer months when halibut bycatch
rates are high. The third seasonal allowance of halibut PSC will become
available September 15, even though the third seasonal allowance of
Pacific cod becomes available September 1 (Table 4). As in past years,
the second seasonal allowance of halibut PSC will probably be used
prior to September 1. If this is the case, directed fishing for the
third seasonal allowance of Pacific cod by vessels using hook-and-line
gear will be prohibited until September 15. The intent of the Council's
recommendation was to limit fishing for Pacific cod by vessels using
hook-and-line gear during the first half of September when halibut
bycatch rates are relatively high. As authorized under
Sec. 679.21(e)(5)(iv), the Council further recommended that any unused
portion of the first seasonal bycatch allowance specified for the
Pacific cod hook-and-line fishery be reapportioned to the third
seasonal allowance to limit hook-and-line Pacific cod fishing prior to
September 15.
Table 6.--1998 Prohibited Species Bycatch Allowances for the BSAI Trawl and Nontrawl Fisheries
----------------------------------------------------------------------------------------------------------------
Prohibited Species and Zone
-----------------------------------------------------------------------------
Red King C. bairdi (animals)
Trawl Fisheries Halibut Herring Crab C. opilio -------------------------
mortality (mt) BSAI (animals) (animals)
(mt) BSAI Zone 1 COBLZ \1\ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................... 930 248 9,250 ........... 255,592 990,675
Jan. 20-Mar. 31............... 264 ........... ........... ........... ........... ...........
Apr. 1-May 10................. 194 ........... ........... ........... ........... ...........
May 11-Aug. 14................ 93 ........... ........... ........... ........... ...........
Aug. 15 -Dec. 31.............. 379 ........... ........... ........... ........... ...........
Rocksole/oth.flat/flat sole \2\... 735 20 45,094 ........... 273,848 330,225
Jan. 20-Mar. 29............... 449 ........... ........... ........... ........... ...........
[[Page 12695]]
Mar. 30-June 30............... 120 ........... ........... ........... ........... ...........
July 1-Dec. 31................ 167 ........... ........... ........... ........... ...........
Turbot/sablefish/arrowtooth \3\... ........... ........... ........... ........... ........... ...........
Rockfish.......................... 69 7 ........... ........... ........... 6,475
Jan. 1-June 30................ 0 0 ........... ........... ........... ...........
July 1-Dec. 31................ 69 7 ........... ........... ........... ...........
Pacific cod....................... 1,434 20 6,938 ........... 123,232 180,375
Midwater pollock \4\.............. ........... 1,146 ........... ........... ........... ...........
Pollock/Atka/other \5\............ 324 143 6,938 ........... 41,077 434,750
Jan. 20-Apr. 15............... 278 ........... ........... ........... ........... ...........
Apr. 16-Dec 31................ 46 ........... ........... ........... ........... ...........
RKC savings subarea \6\........... ........... ........... 24,281 ........... ........... ...........
-----------------------------------------------------------------------------
Total Trawl PSC............. 3,492 1,585 92,500 4,304,950 693,750 1,942,500
Nontrawl Fisheries
Pacific cod....................... 777 ........... ........... ........... ........... ...........
Jan. 1-Apr. 30................ 458 ........... ........... ........... ........... ...........
May 1-Sep. 14................. 37 ........... ........... ........... ........... ...........
Sep. 14-Dec. 31............... 282 ........... ........... ........... ........... ...........
Other non-trawl................... 56 ........... ........... ........... ........... ...........
Groundfish pot & jig.............. (\8\) ........... ........... ........... ........... ...........
Sablefish hook & line............. (\8\)
--------------
Total Nontrawl.............. 833 ........... ........... ........... ........... ...........
PSQ Reserve \7\............. 351 129 7,500 349,050 56,250 157,500
-----------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
\1\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec. 679.21 (e)(7)(iv)(B).
\2\ Rock sole, flathead sole, and other flatfish fishery category.
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\4\ Halibut and crab bycatch in the midwater pollock fishery is deducted from the allowances for the pollock/
Atka mackerel/other species category. Once bycatch allowances are reached, directed fishing for Pollock with
non-pelagic trawl gear is prohibited.
\5\ Pollock other than midwater pollock, Atka mackerel, and ``other species'' fishery category.
\6\ The red king crab savings subarea is defined at Sec. 679.21(e)(3)(ii)(B) as the portion of the red king
crab savings area between 56 deg.00' and 56 deg.10' N. lat. The amount of the red king crab bycatch limit
specified for this area under Sec. 679.21(e)(3)(ii)(B)(2) is not designated by fishery and, when reached,
will result in closure of the subarea to directed fishing for groundfish with nonpelagic gear (Sec.
679.21(e)(7)(ii)(B)).
\7\ 7.5 percent of each PSC limit is allocated to the multi-species CDQ program as PSQ reserve. The PSQ reserve
is not allocated by fishery, gear, or season.
\8\ Exempt.
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator will use observed halibut bycatch rates,
assumed mortality rates, and estimates of groundfish catch to project
when a fishery's halibut bycatch mortality allowance or seasonal
apportionment is reached. The Regional Administrator monitors a
fishery's halibut bycatch mortality allowances using assumed mortality
rates that are based on the best information available, including
information contained in the annual SAFE report.
The Council recommended that the assumed halibut mortality rates
developed by staff of the International Pacific Halibut Commission for
the 1997 BSAI groundfish fisheries be adopted for purposes of
monitoring halibut bycatch allowances established for 1998. These rates
generally are based on an average of mortality rates determined from
NMFS observer data collected during the past 2 years. Assumed Pacific
halibut mortality rates for BSAI fisheries for 1998 are listed in Table
7.
Table 7.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
During 1998
------------------------------------------------------------------------
Assumed
Fishery mortality
(percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
Rockfish................................................... 22
Pacific cod................................................ 12
Greenland turbot........................................... 12
Sablefish.................................................. 18
Other Species.............................................. 12
Trawl gear fisheries:
Midwater pollock........................................... 81
Nonpelagic pollock......................................... 76
[[Page 12696]]
Yellowfin sole............................................. 77
Rock sole.................................................. 74
Flathead sole.............................................. 64
Other flatfish............................................. 68
Rockfish................................................... 70
Pacific cod................................................ 71
Atka mackerel.............................................. 83
Greenland turbot........................................... 73
Sablefish.................................................. 23
Other species.............................................. 71
Pot gear fisheries:
Pacific cod................................................ 9
Other species.............................................. 9
------------------------------------------------------------------------
Response to Comments
Comment 1. The draft EA prepared for the 1998 specifications is an
inadequate basis for a Finding of No Significant Impact. The
environmental impact statement (EIS) prepared for the BSAI groundfish
fishery was drafted 16 years ago. Since that time, the conduct of the
fisheries has changed; new information regarding the affected
groundfish species exists; and substantial and unanalyzed questions
exist regarding the impact of the groundfish fisheries on the BSAI
ecosystem. NMFS should prepare a supplement to the EIS which fully
evaluates the potential impacts of the groundfish TACs on the BSAI
ecosystem.
Response. NMFS acknowledges that the final EIS prepared for the
BSAI groundfish fishery is 16 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 the final EA prepared for the 1998
BSAI 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 and Atka
mackerel in areas designated as critical foraging habitat for Steller
sea lions, the increasing effort directed on spawning pollock in the
winter months, and the geographic and temporal concentration of fishing
in the areas of the BSAI where the greatest declines of sea lion, other
marine mammals, and seabirds have occurred. 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 in 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 alter their
fishing practices significantly either spatially or temporally as a
result of the 1998 groundfish specifications, nor to operate in any
manner that would predictably pose 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 interspecies
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 content 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.
Comment 4. The recommended BSAI pollock ABC and TAC are too high
and should be lowered by at least 30 percent. The SAFE document upon
which the recommendation was based failed to adequately consider the
potential impact of the Russian fishery on Bering Sea pollock stocks,
uncertainties associated with the current pollock assessment and its
dependance on a continued strong 1996 year class, and the spatial and
temporal compression of the pollock harvest.
Response. NMFS believes that the recommended pollock ABC is both
conservative and scientifically sound. The spawning stock remains at
levels above or near the long-term expected target; the 1996 year class
appears to be above average; the pollock population is estimated to
remain above the level that would produce maximum sustainable yield;
and the recommended ABC is based upon both a conservative projection of
future year-class strength and a conservative choice of fishing
mortality rate.
Comment 5. Atka mackerel harvest guidelines fail to account for
potential localized depletions of Atka mackerel. The fishery is overly
concentrated both temporally and spatially, and measures need to be
taken to spread effort out over larger areas. The Atka mackerel
assessment failed to address concentration of harvest near Steller sea
lion haulouts and rookeries and its impact upon the endangered Steller
sea lion.
Response. The EA and the documents incorporated into it by
reference examined the potential impacts of localized depletion of the
Atka mackerel resource. Because Atka mackerel tend to concentrate in
large, easily targeted schools, it appears likely that such depletions
do occur. It also appears that Atka mackerel are an important component
of the Steller sea lion diet. However, the evidence indicates that
these depletions are of short duration and that schools rapidly reform.
Given this evidence, NMFS believes that the 1998 Atka mackerel fishery,
as currently prosecuted, will not jeopardize the continued existence of
Steller sea lions. NMFS will continue to study the interactions between
the Atka mackerel fishery and Steller sea lions and, if necessary,
develop management measures to minimize any impacts.
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 BSAI
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. 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.
[[Page 12697]]
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 the effective date. The immediate effectiveness of this
action is required to provide consistent management and conservation of
fishery resources and to give the fishing industry the earliest
possible opportunity to plan its fishing operations. 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.
The apportionment of a portion of the unspecified reserve is
necessary to provide increased ITAC to minimize the effect of a
reduction in Pacific cod TAC on hook-and-line vessels, to provide for
more efficient operation of intensive fast-paced fisheries for Atka
mackerel and Pacific ocean perch, and to allow for the orderly conduct
of pollock fisheries. Therefore, a delay for prior notice and public
procedure is contrary to the public interest. Accordingly, the AA finds
there is good cause to waive the requirement for prior notice under 5
U.S.C. 553(b)(3). In accordance with 50 CFR 679(b)(3), comments on the
apportionment of reserves are invited by March 31, 1998.
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 1998 BSAI TAC specifications is not likely to
jeopardize the continued existence or recovery of species listed as
endangered or threatened and is not likely to destroy or adversely
modify critical habitat.
NMFS prepared an 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 AA concluded that no significant
impact on the human environment will result from implementation of the
1998 specifications. A copy of the EA is available (see ADDRESSES).
At the proposed rule stage, the Assistant General Counsel for
Legislation and Regulation of the Department of Commerce certified to
the Chief Counsel for the Advocacy of the Small Business Administration
that the proposed specifications would not have a significant economic
impact on a substantial number of small entities. However, comments
received by the Council at its December 1997 meeting, as well as
changes in TAC amounts between the proposed and final specifications,
led NMFS to conclude that the final specifications may have a
significant impact on small entities, and a FRFA has been prepared. The
analysis examines the economic effects of changes between the 1997 and
1998 specifications and concludes that, in most cases, TAC amounts are
not significantly different between 1997 and 1998 and that the overall
impact to the groundfish fishery will be minimal. However, the 22-
percent reduction in Pacific cod TAC may cause significant economic
impacts to the 100 vessel hook-and-line fleet (a mix of small and large
entities) that participates in the Pacific cod fishery.
In taking this action, the Council attempted to minimize this
impact by setting Pacific cod TAC equal to ABC, increasing the
percentage of Pacific cod allocated to the third seasonal allowance,
releasing the nonspecific reserves, and increasing Greenland turbot
TAC. A copy of the FRFA is available from NMFS (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq. 16 U.S.C. 1801 et seq., and
3631 et seq.
Dated: March 10, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-6620 Filed 3-11-98; 11:39 am]
BILLING CODE 3510-22-P
