[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13491]
[[Page Unknown]]
[Federal Register: June 3, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 675
[Docket No. 900833-1095; I.D. 052694E]
Groundfish of the Gulf of Alaska; Groundfish Fishery of the
Bering Sea and Aleutian Islands Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Pacific halibut and red king crab bycatch rate standards;
request for comments.
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SUMMARY: NMFS announces Pacific halibut and red king crab bycatch rate
standards for the second half of 1994. Publication of these bycatch
rate standards is necessary under regulations implementing the vessel
incentive program. This action is necessary to implement the bycatch
rate standards that must be met by individual trawl vessel operators
who participate in the Alaska groundfish trawl fisheries under the
incentive program. The intent of this action is to reduce prohibited
species bycatch rates and promote conservation of groundfish and other
fishery resources.
DATES: Effective 12:01 a.m., Alaska local time (A.l.t.), July 1, 1994,
through 12 midnight, A.l.t., December 31, 1994. Comments on this action
must be received at the following address no later than 4:30 p.m.,
A.l.t., June 30, 1994.
ADDRESSES: Comments should be mailed to Ronald J. Berg, Chief,
Fisheries Management Division, NMFS, P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori Gravel; or be delivered to 709 West 9th Street,
Federal Building, room 401, Juneau, AK.
FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, Fisheries
Management Division, Alaska Region, NMFS, 907-586-7228.
SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the
exclusive economic zone of the Bering Sea and Aleutian Islands
management area (BSAI) and Gulf of Alaska (GOA) are managed by the
Secretary of Commerce according to the Fishery Management Plan (FMP)
for the Groundfish Fishery of the BSAI and the FMP for Groundfish of
the GOA. The FMPs were prepared by the North Pacific Fishery Management
Council (Council) under the authority of the Magnuson Fishery
Conservation and Management Act. The FMPs are implemented by
regulations for the U.S. fisheries at 50 CFR parts 672 and 675. General
regulations that also pertain to the U.S. fisheries appear at 50 CFR
part 620.
Regulations at Secs. 672.26 and 675.26 implement a vessel incentive
program to reduce halibut and red king crab bycatch rates in the
groundfish trawl fisheries. Under the incentive program, operators of
trawl vessels must comply with Pacific halibut bycatch rate standards
specified for the BSAI and GOA midwater pollock and ``other trawl''
fisheries, and the BSAI yellowfin sole and ``bottom pollock''
fisheries. Vessel operators also must comply with red king crab bycatch
standards specified for the BSAI yellowfin sole and ``other trawl''
fisheries in Bycatch Limitation Zone 1 (defined in Sec. 675.2). The
fisheries included under the incentive program are defined in
regulations at Secs. 672.26(b) and 675.26(b).
Regulations at Secs. 672.26(c) and 675.26(c) require that halibut
and red crab bycatch rate standards for each fishery monitored under
the incentive program be published in the Federal Register. Any vessel
operator whose monthly bycatch rate exceeds the bycatch rate standard
is in violation of the regulations implementing the incentive program.
The standards are in effect for specified seasons within the 6-month
periods of January 1 through June 30, and July 1 through December 31.
For purposes of calculating vessel bycatch rates under the incentive
program, the periods specified as 1994 fishing months were published in
the Federal Register on December 15, 1993 (58 FR 65556).
Halibut and red king crab bycatch rate standards for the first half
of 1994 also were published in the Federal Register on December 15,
1993. At its April 1994 meeting, the Council recommended bycatch rate
standards for the second half of 1994. These standards are set forth in
Table 1. As required by Secs. 672.26(c) and 675.26(c), the Council's
recommended bycatch rate standards for July 1 through December 31 are
based on the following information and considerations:
1. Previous years' average observed bycatch rates;
2. Immediately preceding season's average observed bycatch rates;
3. The bycatch allowances and associated fishery closures specified
under Secs. 672.20(f) and 675.21;
4. Anticipated groundfish harvests;
5. Anticipated seasonal distribution of fishing effort for
groundfish; and
6. Other information and criteria deemed relevant by the Director
of the Alaska Region, NMFS (Regional Director).
Bycatch Rate Standards for Pacific Halibut
With the exception of the GOA ``other trawl'' fishery, the
Council's recommended halibut bycatch rate standards for the 1994 trawl
fisheries are unchanged from those implemented in 1993. The recommended
1994 standards are based largely on anticipated seasonal fishing effort
for groundfish species and 1991-1994 halibut bycatch rates observed in
specified trawl fisheries. Council deliberations on seasonal bycatch
rate standards assumed that directed fishing for Pacific cod by vessels
using trawl gear would be closed prior to July 1 (59 FR 24361, May 11,
1994). Council deliberations also considered the August 15 opening date
of the 1994 Bering Sea pollock 'B' season (Sec. 675.23(e)).
The recommended halibut bycatch rate standards for the BSAI
yellowfin sole and ``bottom pollock'' fisheries approximate the average
annual rates observed on trawl vessels participating in these fisheries
during the past 3 years (5 kg halibut/metric ton (mt) of groundfish).
The halibut bycatch rate standard recommended for the BSAI and GOA
midwater pollock fisheries (1 kg halibut/mt of groundfish) is higher
than the bycatch rates normally experienced by vessels participating in
these fisheries. The recommended standard is intended to encourage
vessel operators to maintain off-bottom trawl operations and limit
further bycatch of halibut in the pollock fishery when halibut bycatch
restrictions at Secs. 672.20(f) and 675.21(c)(1) prohibit directed
fishing for pollock by vessels using non-pelagic trawl gear.
The Council's recommended halibut bycatch rate standards for the
BSAI ``other trawl'' fisheries (30 kg halibut/mt groundfish) is
unchanged from 1992 and 1993. The Council recommended a 40 kg halibut/
mt of groundfish bycatch rate standard for the GOA ``other trawl''
fishery. This bycatch rate standard was established for the first half
of 1994, but is a 20 percent reduction from the standard implemented
for this fishery during 1992 and 1993 (50 kg halibut/mt groundfish).
The Council's action on the 1994 bycatch rate standard for the GOA
``other trawl'' fishery was intended to continue, to support other
management measures implemented under an emergency interim rule (59 FR
6222, February 10, 1994) that was extended through August 9, 1994 (59
FR 24965, May 13, 1994). A proposed rule to implement these measures
after the emergency interim rule expires was published May 4, 1994 (59
FR 23044). The interim management measures include: (1) The
apportionment of the GOA trawl halibut bycatch limit between ``shallow
water'' and ``deep water'' trawl fisheries, and (2) adjustment of
directed fishing standards to change the way retainable bycatch amounts
of groundfish species are calculated.
The bycatch rate standards recommended for the GOA and BSAI ``other
trawl'' fisheries are based on the Council's intent to simplify the GOA
and BSAI incentive program by specifying a single bycatch rate standard
for the aggregate trawl fisheries that are not assigned fishery-
specific bycatch rate standards under the incentive program, yet
maintain the Council's objective of reducing overall halibut bycatch
rates in the Alaska groundfish trawl fisheries. Observer data collected
from the 1993 GOA ``other trawl'' fishery show third and fourth quarter
halibut bycatch rates of 34 and 38 kg halibut/mt of groundfish,
respectively. The first quarter rate from 1994 was lower, at 11 kg
halibut/mt of groundfish. Observer data collected from the 1993 BSAI
``other trawl'' fishery show third and fourth quarter halibut bycatch
rates of 5 and 4 kg halibut/mt of groundfish, respectively. The average
first quarter rate from the 1994 BSAI ``other trawl'' fishery was 9 kg
halibut/mt groundfish. The average bycatch rates experienced by vessels
participating in the GOA and BSAI ``other trawl'' fisheries are lower
than the Council's recommended bycatch rate standards for these
fisheries. However, the Council determined that its recommended halibut
bycatch rate standards for the ``other trawl'' fisheries would continue
to provide an incentive to vessel operators to avoid unusually high
bycatch rates while participating in these fisheries and contribute
towards an overall reduction in halibut bycatch rates experienced in
the Alaska trawl fisheries.
Bycatch Rate Standards for Red King Crab
The Council's recommended red king crab bycatch rate standard for
the yellowfin sole and ``other trawl'' fisheries in Zone 1 of the
Bering Sea subarea is 2.5 crab/mt of groundfish during the second half
of 1994. This standard is the same as that recommended for 1992 and
1993 and for the first half of 1994. The justification for this
standard is discussed in the December 15, 1993, publication of bycatch
rate standards for the first half of 1994.
Vessels are not anticipated to participate in either the yellowfin
sole or ``other trawl'' fisheries in Zone 1 during the second half of
1994 because of fishery closures. Directed fishing for yellowfin sole
in Zone 1 by vessels using trawl gear is closed for the remainder of
1994 because the Zone 1 C. bairdi Tanner crab bycatch allowance
specified for this fishery has been reached (59 FR 26145, May 19,
1994). Directed fishing for groundfish species included in the ``other
trawl'' fishery (defined at Sec. 675.26(b)(4)) also is prohibited in
Zone 1 because of halibut, red king crab, or C. bairdi Tanner crab
bycatch restrictions (rockfish, Greenland turbot, sablefish, arrowtooth
flounder (59 FR 7656, February 16, 1994); rock sole and other flatfish
(59 FR 10082, March 3, 1994); and Pacific cod (59 FR 23461, May 11,
1994)). Nonetheless, NMFS is publishing a red king crab bycatch rate
standard for the ``other trawl'' fishery in Zone 1 consistent with
regulations at Sec. 675.26(c).
The Regional Director has determined that Council recommendations
for bycatch rate standards are appropriately based on the information
and considerations necessary for such determinations under
Secs. 672.26(c) and 675.26(c). Therefore, the Regional Director concurs
with the Council's determinations and recommendations for halibut and
red king crab bycatch rate standards for the second half of 1994 as set
forth in Table 1. These bycatch rate standards may be revised and
published in the Federal Register when deemed appropriate by the
Regional Director, pending his consideration of the information set
forth at Secs. 672.26(c)(2)(v) and 675.26(c)(2)(v).
Classification
This action is taken under 50 CFR 672.26 and 675.26.
This action is exempt from OMB review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 27, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
Table 1.--Bycatch Rate Standards, by Fishery, for the Second Half of
1994 for Purposes of the Vessel Incentive Program in the BSAI and GOA
------------------------------------------------------------------------
1994 bycatch
rate standard
during the
Fishery period of July
1 through
December 31
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Halibut bycatch as kg of halibut/mt of allocated
groundfish catch:
BSAI Midwater pollock............................... 1.0
BSAI Bottom pollock................................. 5.0
BSAI Yellowfin sole................................. 5.0
BSAI Other trawl.................................... 30.0
GOA Midwater pollock................................ 1.0
GOA Other trawl..................................... 40.0
Zone 1 red king crab bycatch rates (number of crab/mt of
allocated groundfish):
BSAI yellowfin sole................................. 2.5
BSAI Other trawl.................................... 2.5
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[FR Doc. 94-13491 Filed 5-31-94; 9:42 am]
BILLING CODE 3510-22-P
