[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Rules and Regulations]
[Pages 39564-39566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 121399A]


Fisheries of the Exclusive Economic Zone off Alaska; Bycatch Rate 
Standards for the Second Half of 2000

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 2000. Publication of these bycatch 
rate standards is required by regulations implementing the vessel 
incentive program. This action is necessary to implement the bycatch 
rate standards for trawl vessel operators who participate in the Alaska 
groundfish trawl fisheries. The intent of this action is to reduce 
prohibited species bycatch rates and promote conservation of groundfish 
and other fishery resources.

DATES: Effective 1201 hours, Alaska local time (A.l.t.), July 1, 2000, 
through 2400 hours, A.l.t., December 31, 2000. Comments on this action 
must be received at the following address no later than 4:30 p.m., 
A.l.t., July 27, 2000.

ADDRESSES: Comments may be submitted to Sue Salveson, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region, 
NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. 
Comments also may be sent via facsimile (fax) to 907-586-7465. Comments 
will not be accepted if submitted via e-mail or Internet. Courier or 
hand delivery of comments may be made to NMFS in the Federal Building, 
Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish 
fisheries in the exclusive economic zone of the Bering Sea and Aleutian 
Islands management area (BSAI) and Gulf of Alaska (GOA) according to 
the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area and the Fishery Management Plan for 
Groundfish of the Gulf of Alaska (FMPs). The North Pacific Fishery 
Management Council (Council) prepared the FMPs under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act. 
Regulations governing the U.S. groundfish fisheries and implementing 
the FMPs appear at 50 CFR part 679.
    Regulations at Sec. 679.21(f) 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 may not exceed 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 may not exceed red king crab bycatch standards specified 
for the BSAI yellowfin sole and ``other trawl'' fisheries in Bycatch 
Limitation Zone 1 (defined in Sec. 679.2). The fisheries included under 
the incentive program are defined in regulations at Sec. 679.21(f)(2).
    Regulations at Sec. 679.21(f)(3) require that halibut and red king 
crab bycatch rate standards for each fishery included

[[Page 39565]]

under the incentive program be published in the Federal Register. 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, 2000 fishing months were specified in the Federal Register on 
December 28, 1999 (64 FR 72572).
    NMFS published halibut and red king crab bycatch rate standards for 
the first half of 2000 in the Federal Register (64 FR 72572, December 
28, 1999). As required by Sec. 679.21(f)(3) and (4), the Administrator 
of the Alaska Region, NMFS (Regional Administrator), has established 
the bycatch rate standards for the second half of 2000 (July 1 through 
December 31). The Council endorsed these standards at its April 2000 
meeting and are set out in Table 1. As required by Sec. 679.21(f)(4), 
bycatch rate standards are based on the following information:
    (A) Previous years' average observed bycatch rates;
    (B) Immediately preceding season's average observed bycatch rates;
    (C) The bycatch allowances and associated fishery closures 
specified under Sec. 679.21(d) and (e);
    (D) Anticipated groundfish harvests;
    (E) Anticipated seasonal distribution of fishing effort for 
groundfish; and
    (F) Other information and criteria deemed relevant by the Regional 
Administrator.

Table 1.-- Bycatch Rate Standards by Fishery for the Second Half of 2000
    for Purposes of the Vessel Incentive Program in the BSAI and GOA
------------------------------------------------------------------------
                                                    2000 bycatch rate
                    Fishery                              standard
------------------------------------------------------------------------
         Halibut bycatch rate standards
  (kilogram (kg) of halibut/metric ton (mt) of
               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 rate standards
    (number of crab/mt of groundfish catch)
BSAI yellowfin sole                                                  2.5
BSAI Other trawl                                                     2.5
------------------------------------------------------------------------

Bycatch Rate Standards for Pacific Halibut

    The halibut bycatch rate standards for the 2000 trawl fisheries are 
unchanged from those implemented in 1999. The Regional Administrator 
based standards for the second half of 2000 on anticipated seasonal 
fishing effort for groundfish species on 1996-1999 halibut bycatch 
rates observed in the trawl fisheries included under the incentive 
program.
    With the exception of the BSAI yellowfin sole fishery, these 
bycatch rate standards generally reflect the average halibut bycatch 
rates observed in the BSAI and GOA trawl fisheries. At times, quarterly 
bycatch rates have exceeded the bycatch rate standards, but these 
situations usually represent limited fishing effort (e.g., GOA other 
trawl fisheries in the 2<SUP>nd</SUP> and 4<SUP>th</SUP> quarters). The 
BSAI yellowfin sole fishery has experienced undesirably high bycatch 
rates that NMFS and the Council expect to reduce through existing 
incentives. NMFS anticipates that the formation of American Fisheries 
Act (AFA) cooperatives should help participating vessels maintain 
overall bycatch rates of halibut in the yellowfin sole fishery at a 
minimal level so that the amount of groundfish harvested may be 
optimized under the AFA PSC sideboard provisions. In determining these 
bycatch rate standards, the Regional Administrator considered the 
annual and seasonal bycatch specifications for the BSAI and GOA trawl 
fisheries (65 FR 8282, February 18, 2000, and 65 FR 8298, February 18, 
2000, respectively). He further recognized that directed fishing for 
Pacific cod for the inshore component in the Western and Central 
Regulatory Areas of the GOA is closed for the remainder of the year. 
The GOA shallow-water and deep-water trawl fishery species complexes 
are open. In the Bering Sea, the rockfish and rock sole/flathead sole/
other flatfish fishery categories will open or reopen on July 4 when 
seasonal apportionments of halibut bycatch allowances specified for 
these fisheries become available. The BSAI Pacific cod trawl fishery is 
closed for the remainder of the year for catcher vessels and is open 
for catcher processors. The BSAI yellowfin sole fishery is ongoing, and 
no closure has yet been projected due to crab or halibut bycatch. The 
Regional Administrator also considered the June 10 opening date of the 
2000 Bering Sea pollock `C/D' season (Sec. 679.23(e)(2)) and the Gulf 
of Alaska `C' and `D' season pollock fisheries (Sec. 679.23(d)(2)). The 
halibut bycatch rate standards for the BSAI yellowfin sole and ``bottom 
pollock'' trawl fisheries are each set at 5 kilograms (kg) of halibut 
per metric ton (mt) of groundfish. The halibut bycatch rate standard 
for the BSAI and GOA midwater pollock fisheries (1 kg of halibut/mt of 
groundfish) is higher than the bycatch rates normally experienced by 
vessels participating in these fisheries. This standard is intended to 
encourage vessel operators to maintain off-bottom trawl operations and 
limit further bycatch of halibut in the pollock fishery. A bycatch rate 
standard of 30 kg halibut/mt of groundfish is established for the BSAI 
``other trawl'' fishery. This standard has remained unchanged since 
1992. A bycatch rate standard of 40 kg of halibut/mt of groundfish is 
established for the GOA ``other trawl'' fishery, which is unchanged 
since 1994. The considerations that support these bycatch rate 
standards for the ``other trawl'' fisheries are unchanged from previous 
years and are discussed in the Federal Register publications of 1995 
bycatch rate standards (60 FR 2905, January 12, 1995, and 60 FR 27425, 
May 24, 1995). Observer data collected from the 1999 GOA ``other 
trawl'' fishery show average third and fourth quarter halibut bycatch 
rates of 18 and 69 kg of halibut/mt of groundfish, respectively. The 
first quarter rate from 2000 was 23 kg of halibut/mt of groundfish. 
Observer data from the 1999 BSAI ``other trawl'' fishery show third and 
fourth quarter halibut bycatch rates of 6 and 9 kg of halibut/mt of 
groundfish. The first

[[Page 39566]]

quarter rate from the 2000 BSAI ``other trawl'' fishery was 8 kg of 
halibut/mt of groundfish.

Bycatch Rate Standards for Red King Crab

    The 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 2000. This standard has 
remained unchanged since 1992. Through April 8, 2000, the rock sole/
flathead sole/other flatfish fishery category had taken 76 percent of 
its annual red king crab bycatch allowance including the Red King Crab 
Savings Subarea bycatch limit. The Pacific cod and yellowfin sole 
fisheries have taken only 33 percent and 12 percent, respectively, of 
their bycatch allowances. The Regional Administrator anticipates that 
the non-pelagic trawl gear closure of the red king crab savings area in 
Zone 1 will continue to result in low red king crab bycatch rates for 
the remainder of the year and is maintaining the 2.5 red king crab/mt 
of groundfish bycatch rate standard.
    The Regional Administrator has determined that the bycatch rate 
standards set forth in Table 1 for the 2<SUP>nd</SUP> half of 2000 are 
appropriately based on the information and considerations necessary for 
such determinations under Sec. 679.21(f). These bycatch rate standards 
may be revised and published in the Federal Register when deemed 
appropriate by the Regional Administrator, pending his consideration of 
the information set forth at Sec. 679.21(f)(4).

Classification

    This action is taken under 50 CFR 679.21(f) and is exempt from 
review under E.O. 12866.

    Authority: 16 U.S.C. 773 et seq., 1801 et seq. and 3631 et seq.

    Dated: June 21, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-16227 Filed 6-26-00; 8:45 am]
BILLING CODE 3510-22-F