[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Pages 12149-12152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5392]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 672 and 675
[Docket No. 95022357-5057-01; I.D. 120594A]
RIN 0648-AG95
Groundfish of the Gulf of Alaska; Groundfish Fishery of the
Bering Sea and Aleutian Islands Area; Pacific Halibut Bycatch
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; final 1995 specification of Pacific halibut bycatch
allowances.
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SUMMARY: NMFS issues a final rule to revise the management of seasonal
Pacific halibut bycatch allowances annually specified for nontrawl
fisheries in the Bering Sea and Aleutian Islands management area
(BSAI). This final rule also provides NMFS the authority to determine
annually whether to apportion a halibut bycatch allowance to the BSAI
jig gear fishery or the BSAI or Gulf of Alaska (GOA) hook-and-line gear
fisheries for sablefish or to exempt these fisheries from halibut
bycatch restrictions. Final 1995 halibut bycatch allowances for the GOA
hook-and-line gear fisheries and the BSAI nontrawl fisheries, seasonal
apportionments thereof, and the manner in which these seasonal
apportionments will be managed under the final rule are specified. This
action is necessary to manage halibut bycatch allowances consistent
with seasonal apportionments of groundfish total allowable catch (TAC)
amounts, prevent preemption of the BSAI jig gear fisheries by the
attainment of halibut bycatch allowances apportioned to other nontrawl
fisheries, and support the implementation of the sablefish/halibut
individual fishing quota (IFQ) program. This action is intended to
promote management and conservation of groundfish and other fish
resources and to further the objectives contained in the fishery
management plans for Alaska groundfish fisheries.
EFFECTIVE DATE: April 3, 1995.
ADDRESSES: Copies of the environmental assessment/regulatory impact
review prepared for this action may be obtained from the Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802-1668, Attn: Lori J. Gravel.
FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Fishing for groundfish by vessels in the exclusive economic zone of
the GOA and BSAI is managed by NMFS according to the Fishery Management
Plan (FMP) for Groundfish of the Gulf of Alaska and the FMP for the
Groundfish Fishery of the Bering Sea and Aleutian Islands Area. The
FMPs were prepared by the North Pacific Fishery Management Council
(Council) under the Magnuson Fishery Conservation and Management Act
and are implemented by regulations governing the U.S. groundfish
fisheries at 50 CFR parts 620, 672, 675, and 676.
Regulations for the management of halibut bycatch limits
established for the GOA groundfish fisheries are set out at
Sec. 672.20(f). Regulations for the management of prohibited species
bycatch limits established for the BSAI groundfish fisheries are set
out at Sec. 675.21. A proposed rule was published in the Federal
Register on December 29, 1994 (59 FR 67268), that would revise the
management of the halibut bycatch limits established for the GOA hook-
and-line gear groundfish fisheries and the BSAI nontrawl groundfish
fisheries. The proposed action would (1) address concerns about the
potential closure of the BSAI jig gear fishery due to halibut bycatch
in other nontrawl fisheries, (2) allow for the management of the
seasonal apportionment of the halibut bycatch allowances annually
specified for the BSAI Pacific cod hook-and-line gear fishery
consistent with the management of the amount of Pacific cod TAC
allocated to this fishery, and (3) authorize the exemption of the GOA
and BSAI hook-and-line gear sablefish fishery from halibut bycatch
restrictions to support the new sablefish/halibut IFQ program. Comments
on the proposed [[Page 12150]] rule were invited through January 30,
1995. No written comments were received within the comment period.
Upon reviewing the reasons for revisions to regulations addressing
the management of the halibut bycatch limits established for the GOA
hook-and-line gear fisheries and the BSAI nontrawl fisheries, NMFS has
determined that this final rule implementing the following measures is
necessary for fishery conservation and management:
1. Separately define the GOA sablefish hook-and-line gear fishery
under Sec. 672.20(f)(1)(ii) and the BSAI groundfish jig gear fishery
and the BSAI sablefish hook-and-line gear fishery under
Sec. 675.21(b)(2)(ii) so that these fisheries annually either receive a
separate halibut bycatch allowance or are exempted from halibut bycatch
restrictions. These determinations will be implemented by NMFS, after
consultation with the Council, as part of the annual specification
process set out at Secs. 672.20(c) and 675.20(a)(7); and
2. Authorize NMFS, after consultation with the Council, to specify
annually how seasonal bycatch allowances established for the BSAI
nontrawl fisheries will be reapportioned among remaining seasons during
the same fishing year.
Further explanation of, and reasons for, these measures are
contained in the preamble to the proposed rule (59 FR 67268, December
29, 1994).
Final 1995 Specifications of the Pacific Halibut Bycatch Mortality
Limit Established for the BSAI Nontrawl Fisheries
NMFS published with the proposed rule the proposed 1995 halibut
bycatch allowances for the GOA hook-and-line gear fisheries and the
BSAI nontrawl fisheries, seasonal apportionments thereof, and the
manner in which these seasonal apportionments would be managed. The
proposed specifications were recommended by the Council during its
September 1994 meeting.
At its December 1994 meeting, the Council recommended final halibut
bycatch specifications under the assumption that this final rule would
be implemented early in 1995. These final recommendations would exempt
the 1995 GOA and BSAI sablefish hook-and-line gear fisheries from
halibut bycatch restrictions and establish a 300 metric ton (mt)
halibut bycatch mortality limit for the 1995 GOA hook-and-line gear
fisheries.
NMFS concurs with the Council's GOA halibut bycatch specifications
for the hook-and-line gear fisheries as set out in Table 1. The
justification for the 300 mt bycatch limit is discussed in the preamble
to the proposed rule (59 FR 67268, December 29, 1994). This bycatch
limit is apportioned between the demersal shelf rockfish fishery (10
mt) and the ``other hook-and-line gear'' fisheries (290 mt). Over 80
percent of the halibut bycatch mortality allowance apportioned to the
``other hook-and-line gear'' fisheries is seasonally apportioned to the
first 5 months of the year to support the hook-and-line gear fishery
for Pacific cod. The remaining amount of this halibut bycatch mortality
allowance is divided between the last two seasons of the year to
support the hook-and-line gear fishery for rockfish.
Table 1.--Final 1995 Pacific Halibut Bycatch Limit, Bycatch Allowances,
and Seasonal Apportionments Thereof, for the GOA Hook-and-Line (H&L)
Gear Fisheries
------------------------------------------------------------------------
Halibut
bycatch
Fishery mortality
allowance in
mt
------------------------------------------------------------------------
Demersal shelf rockfish................................... 10 mt.
Sablefish................................................. Exempt.
Other H&L gear fisheries
Jan. 1-May 14........................................... 242 mt.
May 15-Aug. 31.......................................... 29 mt.
Sep. 1-Dec. 31.......................................... 19 mt.
Total 1995 bycatch allowance specified for other H&L 290 mt.
fisheries.
-------------
Total............................................... 300 mt
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NMFS also concurs with the Council's final recommendation for 1995
BSAI nontrawl fishery halibut bycatch allowances as set out in Table 2.
The halibut bycatch allowances are unchanged from those implemented
under the final 1995 groundfish specifications published in the Federal
Register February 14, 1995 (60 FR 8479). Under the authority of this
final rule, however, Table 2 specifies that the BSAI sablefish hook-
and-line gear fishery is exempt from 1995 halibut-bycatch restrictions.
Table 2 also specifies the accounting for any underharvest or
overharvest of a seasonal apportionment of the Pacific cod halibut
bycatch allowance.
Table 2.--Final 1995 Pacific Halibut Bycatch Allowances, and Seasonal
Apportionments Thereof, for the BSAI Nontrawl Fisheries
------------------------------------------------------------------------
Halibut
bycatch
Fishery mortality
allowance in
mt
------------------------------------------------------------------------
Pacific cod hook-and-line\1\
Jan. 1-Apr. 30.......................................... 475 mt.
May 1-Aug. 31........................................... 40 mt.
Sep. 1-Dec. 31.......................................... 210 mt.
-------------
Total............................................... 725 mt.
Sablefish hook-and-line................................... Exempt.
Jig gear.................................................. Exempt.
Other nontrawl............................................ 175 mt.
Groundfish pot gear....................................... Exempt.
-------------
Total............................................... 900 mt.
------------------------------------------------------------------------
\1\Any unused portion of the first season's halibut bycatch allowance
specified for the Pacific cod hook-and-line gear fishery would be
reapportioned to the third seasonal allowance. Any overage of a
seasonal bycatch allowance specified for this fishery would be
deducted from the remaining seasonal bycatch allowances specified for
1995 in amounts proportional to these remaining seasonal bycatch
allowances.
The specifications set out in Tables 1 and 2 supersede the halibut
bycatch specifications for the GOA hook-and-line gear fisheries
published in the Federal Register February 14, 1995 (60 FR 8470) and
for the BSAI nontrawl fisheries published in the Federal Register
February 14, 1995 (60 FR 8479), respectively.
NMFS notes that separate halibut bycatch allowances may be
established for the GOA and BSAI sablefish hook-and-line gear fisheries
in future years under the annual specification process if halibut
discard mortality in these fisheries is not reduced in the manner
anticipated under the IFQ program.
Classification
This final rule is exempt from review under E.O. 12866.
The Assistant General Counsel of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this would not have a significant economic impact
on a substantial number of small entities. The reasons were published
in the Federal Register on December 29, 1994 (59 FR 67268). As a
result, a regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Parts 672 and 675
Fisheries, Reporting and recordkeeping requirements.
[[Page 12151]]
Dated: February 28, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 672 and 675
are amended as follows:
PART 672--GROUNDFISH OF THE GULF OF ALASKA
1. The authority citation for part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 672.20, paragraphs (f)(1)(ii) and (f)(3)(ii) are revised
to read as follows:
Sec. 672.20 General limitations.
* * * * *
(f) * * *
(1) * * *
(ii) Hook-and-line and pot gear fisheries. (A) After consultation
with the Council, NMFS will publish notification in the Federal
Register specifying the proposed and final halibut PSC limits for
vessels using hook-and-line gear. The notification also may specify a
halibut PSC limit for the pot gear fisheries. The halibut PSC limit
specified for vessels using hook-and-line gear may be further
apportioned, as bycatch allowances, to the fishery categories listed in
paragraph (f)(1)(ii)(B) of this section, based on each category's
proportional share of the anticipated halibut bycatch mortality during
a fishing year and the need to optimize the amount of total groundfish
harvest under the halibut PSC limit. The sum of all bycatch allowances
will equal the halibut PSC limit established under this paragraph
(f)(1)(ii).
(B) For purposes of apportioning the hook-and-line halibut PSC
limit among fisheries, the following fishery categories are specified
and defined in terms of round-weight equivalents of those groundfish
species for which a TAC has been specified under paragraphs (a) and (c)
of this section:
(1) Demersal shelf rockfish in the Southeast Outside District.
Fishing with hook-and-line gear in the Southeast Outside District of
the Eastern Regulatory Area of the Gulf of Alaska during any weekly
reporting period that results in a retained catch of demersal shelf
rockfish that is greater than the retained amount of any other fishery
category defined under this paragraph (f)(1)(ii)(B).
(2) Sablefish fishery. Fishing with hook-and-line gear during any
weekly reporting period that results in a retained catch of sablefish
that is greater than the retained amount of any other fishery category
defined under this paragraph (f)(1)(ii)(B).
(3) Other hook-and-line gear fishery. Fishing with hook-and-line
gear during any weekly reporting period that results in a retained
catch of groundfish and is not a demersal shelf rockfish fishery or a
sablefish fishery as defined under paragraphs (f)(1)(ii)(B) (1) and (2)
of this section.
* * * * *
(3) * * *
(ii) Hook-and-line fisheries. If, during the fishing year, the
Regional Director determines that U.S. fishing vessels participating in
any of the three hook-and-line gear fishery categories listed in
paragraph (f)(1)(ii)(B) of this section will catch the Pacific halibut
bycatch allowance, or apportionments thereof, specified for that
fishery category under paragraph (f)(1) of this section, NMFS will
publish notification in the Federal Register closing the entire Gulf of
Alaska or the applicable regulatory area or district to directed
fishing with hook-and-line gear for each species and/or species group
that comprises that fishing category.
* * * * *
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
3. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 675.21, paragraph (b)(2)(ii) (B) and (C) are
redesignated as paragraphs (b)(2)(ii) (D) and (E) respectively;
paragraphs (b)(3)(ii) and (b)(3)(iii) are redesignated as paragraphs
(b)(3)(ii)(A) and (b)(3)(ii)(B), respectively; newly redesignated
paragraph (b)(2)(ii)(E) and paragraphs (b)(4) and (d) are revised; and
new paragraphs (b)(2)(ii)(B), (b)(2)(ii)(C), (b)(3)(ii) heading, and
paragraph (b)(3)(iii) are added to read as follows:
Sec. 675.21 Prohibited species catch (PSC) limitations.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(B) Sablefish hook-and-line fishery. Fishing with hook-and-line
gear during any weekly reporting period that results in a retained
catch of sablefish that is greater than the retained amount of any
other groundfish species.
(C) Groundfish jig gear fishery. Fishing with jig gear during any
weekly reporting period that results in a retained catch of groundfish.
* * * * *
(E) Other nontrawl fisheries. Fishing for groundfish with nontrawl
gear during any weekly reporting period that results in a retained
catch of groundfish and does not qualify as a Pacific cod hook-and-line
fishery, a sablefish hook-and-line fishery, a groundfish jig gear
fishery, or a groundfish pot gear fishery as defined under this
paragraph (b)(2)(ii).
(3) * * *
(ii) Management of seasonal trawl fishery bycatch allowances.
* * * * *
(iii) Management of seasonal nontrawl fishery bycatch allowances.
(A) Any unused portion of a seasonal fishery bycatch allowance made
under paragraph (b)(3)(i) of this section will be reapportioned to the
fishery's remaining seasonal bycatch allowances during a current
fishing year in a manner determined by NMFS, after consultation with
the Council, based on the types of information listed under paragraph
(b)(3)(i) of this section.
(B) If a seasonal apportionment of a fishery bycatch allowance made
under paragraph (b)(3)(i) of this section is exceeded, the amount by
which the seasonal apportionment is exceeded will be deducted from the
fishery's remaining seasonal bycatch allowances during a current
fishing year in a manner determined by NMFS, after consultation with
the Council, based on the types of information listed under paragraph
(b)(3)(i) of this section.
(4) NMFS will publish annually in the Federal Register the proposed
and final bycatch allowances, seasonal apportionments thereof, and the
manner in which seasonal apportionments of nontrawl fishery bycatch
allowances will be managed, as required under Sec. 675.20(a)(7). Public
comment will be accepted by NMFS on the proposed bycatch allowances,
seasonal apportionments thereof, and the manner in which seasonal
apportionments of nontrawl fishery bycatch allowances will be managed,
for a period of 30 days after publication in the Federal Register.
* * * * *
(d) Attainment of a Pacific halibut nontrawl fishery bycatch
allowance. If, during the fishing year, the Regional Director
determines that U.S. fishing vessels participating in any of the
nontrawl fishery categories listed in paragraphs (b)(2)(ii) (A) through
(E) of this section will catch the Pacific halibut bycatch allowance,
or seasonal apportionment thereof, specified for that fishery category
under paragraph (b) of this section, NMFS will publish in the Federal
Register the closure of the entire Bering Sea and Aleutian Islands
management area to directed fishing [[Page 12152]] with the relevant
gear type for each species and/or species group in that fishery
category.
[FR Doc. 95-5392 Filed 3-3-95; 8:45 am]
BILLING CODE 3510-22-P
