63878 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for groundfish by vessels using

trawl gear in the Gulf of Alaska (GOA),

except for directed fishing for pollock

by vessels using pelagic trawl gear in

those portions of the GOA open to

directed fishing for pollock. This action

is necessary because the 1997 Pacific

halibut prohibited species catch (PSC)

limit for trawl gear in the GOA has been

caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), November 26, 1997, until

1200 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486–6919.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Fishing by U.S.

vessels is governed by regulations

implementing the FMP at subpart H of

50 CFR part 600 and 50 CFR part 679.

The Final 1997 Harvest Specifications

of Groundfish for the GOA (62 FR 8179,

February 24, 1997) established the 1997

Pacific halibut PSC limit for vessels

using trawl gear at 2,000 metric tons

(mt). The Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined, in accordance with

§ 679.21(d)(7)(i), that vessels engaged in

directed fishing for groundfish with

trawl gear in the GOA have caught the

1997 Pacific halibut PSC limit.

Therefore, NMFS is closing the directed

fishery for groundfish by vessels using

trawl gear in the GOA, except for

directed fishing for pollock by vessels

using pelagic trawl gear in those

portions of the GOA that remain open

to directed fishing for pollock.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

exceeding the 1997 trawl Pacific halibut

PSC limit. Providing prior notice and an

opportunity for public comment on this

action is impracticable and contrary to

public interest. The fleet has taken the

1997 trawl Pacific halibut PSC limit in

the GOA. Further delay would only

result in the 1997 trawl Pacific halibut

PSC limit being exceeded and disrupt

the FMP’s objective of limiting trawl

Pacific halibut mortality. NMFS finds

for good cause that the implementation

of this action cannot be delayed for 30

days. Accordingly, under U.S.C 553(d),

a delay in the effective date is hereby

waived.

This action is required by 50 CFR

679.21 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: November 26, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–31595 Filed 11–26–97; 3:13 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

112497E]

Fisheries of the Exclusive Economic

Zone Off Alaska; Bycatch Rate

Standards for the First Half of 1998

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.

SUMMARY: NMFS announces Pacific

halibut and red king crab bycatch rate

standards for the first half of 1998.

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

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.), January 20, 1998,

through 2400 hours, A.l.t., June 30,

1998. Comments on this action must be

received at the following address no

later than 4:30 p.m., A.l.t., January 2,

1998.

ADDRESSES: Comments should be

mailed to the Assistant Regional

Administrator, Sustainable Fisheries

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:

Alan Kinsolving, 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 NMFS 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 FMPs were prepared by the

North Pacific Fishery Management

Council (Council) under the authority of

the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and are

implemented by regulations governing

the U.S. groundfish fisheries at 50 CFR

part 679.

Regulations at § 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 § 679.2). The fisheries

included under the incentive program

are defined in regulations at

§ 679.21(f)(2).

Regulations at § 679.21(f)(3) require

that halibut and red king crab bycatch

rate standards for each fishery included

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. Because the

Alaskan groundfish fisheries are closed

to trawling from January 1 to January 20

of each year (§ 679.23(c)), the

Administrator, Alaska Region, NMFS

(Regional Administrator) is

promulgating bycatch rate standards for

the first half of 1998 effective from

January 20, 1998, through June 30, 1998.

As required by § 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;
Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations 63879

(C) The bycatch allowances and

associated fishery closures specified

under §§ 679.20 and 675.21;

(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.

At its September 1997 meeting, the

Council reviewed halibut and red king

crab bycatch rates experienced by

vessels participating in the fisheries

under the incentive program during

1993–1997. Based on this and other

information presented below, the

Council recommended halibut and red

king crab bycatch rate standards for the

first half of 1998. These standards are

unchanged from those specified for the

past 4 years. The Council’s

recommended bycatch rate standards

are listed in Table 1.

TABLE 1.—BYCATCH RATE STANDARDS, BY FISHERY AND QUARTER,

FOR THE FIRST HALF OF 1998 FOR

PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI AND

GOA

Fishery and quarter 1998 1

Halibut bycatch rate standards

(kilogram (kg) of halibut/metric

ton (mt) of groundfish catch

BSAI Midwater pollock:

Qt 1 ............................................ 1.0

Qt 2 ............................................ 1.0

BSAI Bottom pollock:

Qt 1 ............................................ 7.5

Qt 2 ............................................ 5.0

BSAI Yellowfin sole:

Qt 1 ............................................ 5.0

Qt 2 ............................................ 5.0

BSAI Other trawl:

Qt 1 ............................................ 30.0

Qt 2 ............................................ 30.0

GOA Midwater pollock:

Qt 1 ............................................ 1.0

Qt 2 ............................................ 1.0

GOA Other trawl:

Qt 1 ............................................ 40.0

Qt 2 ............................................ 40.0

Zone 1 red king crab bycatch

rate standards (number of

crab/mt of groundfish catch)

BSAI yellowfin sole:

Qt 1 ............................................ 2.5

Qt 2 ............................................ 2.5

BSAI Other trawl:

Qt 1 ............................................ 2.5

Qt 2 ............................................ 2.5

1 1998 bycatch rate standard.

Bycatch Rate Standards for Pacific

Halibut

As in past years, 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 § 679.21 prohibit directed

fishing for pollock by vessels using nonpelagic trawl gear.

The recommended halibut bycatch

rate standards for the BSAI ‘‘bottom

pollock’’ fishery continue to

approximate the average annual rates

observed on trawl vessels participating

in this fishery during 1993 (7.49 kg

halibut/mt groundfish). Though the

average bycatch rate has decreased since

that time, the recommended halibut

bycatch rate standards remain at a

relatively high level to discourage

unacceptably high halibut bycatch rates.

During the first quarter of 1997, the

average halibut bycatch rate in this

fishery was only 1.35 kg halibut/mt

groundfish. The pollock roe season

begins January 20 and ends April 15. In

1997, the inshore and offshore

component fisheries for pollock were

closed 3 to 8 weeks prior to April 15,

depending on the processing component

and area. Directed fishing for pollock by

the inshore and offshore component

fisheries did not reopen until September

1, the start of the pollock nonroe season.

Directed fishing for pollock by vessels

participating in the community

development quota program could

continue after the end of roe season.

However, the community development

quota pollock fishery did not resume

until just prior to September 1. As in

past years, the directed fishing

allowances specified for the 1998

pollock roe season likely will be

reached before the end of the roe season

on April 15.

Data available on halibut bycatch

rates in the yellowfin sole fishery during

the first and second quarters of 1997

showed an average bycatch rate of 6.1

and 5.0 kg halibut/mt of groundfish,

respectively. As in past years, the

Council has presumed that a bycatch

rate standard of 5.0 kg halibut/mt of

groundfish for the yellowfin sole fishery

will continue to encourage vessel

operators to take action to avoid

excessively high bycatch rates of

halibut.

For the ‘‘other trawl’’ fisheries, a 30-

kg halibut/mt of groundfish bycatch rate

standard was recommended for the

BSAI and a 40-kg halibut/mt of

groundfish bycatch rate standard was

recommended for the GOA. Observer

data collected from the 1997 BSAI

‘‘other trawl’’ fishery show first and

second quarter halibut bycatch rates of

8.9 and 10.1 kg halibut/mt of

groundfish, respectively. Observer data

collected from the 1997 GOA ‘‘other

trawl’’ fishery show first and second

quarter halibut bycatch rates of 20.3 and

63.7 kg halibut/mt of groundfish,

respectively.

With the exception of the GOA

second quarter ‘‘other trawl’’ fishery, the

average bycatch rates experienced by

vessels participating in the GOA and

BSAI ‘‘other trawl’’ fisheries generally

have been lower than the Council’s

recommended bycatch rate standards for

these fisheries. The Council determined

that its recommended halibut bycatch

rate standards for the ‘‘other trawl’’

fisheries, including the second quarter

GOA fishery, would continue to provide

an incentive to vessel operators to avoid

unusually high halibut bycatch rates

while participating in these fisheries

and contribute towards an overall

reduction in halibut bycatch rates

experienced in the Alaska trawl

fisheries. Furthermore, these standards

would provide some leniency to those

vessel operators that choose to use large

mesh trawl gear as a means to reduce

groundfish discard amounts. The

bycatch rates of halibut and crab could

increase for those vessels using large

mesh sizes, but observer data do not

exist on which to base a revised bycatch

rate standard. The Council

recommended maintaining the current

bycatch rate standards for the ‘‘other

trawl’’ fisheries until observer data

becomes available that would provide a

basis for bycatch rate standards for

vessels using large mesh trawl gear.

Bycatch Rate Standards for Red King

Crab

For the BSAI yellowfin sole and

‘‘other trawl’’ fisheries in Zone 1 of the

Bering Sea subarea, the Council’s

recommended red king crab bycatch rate

standard is 2.5 crab/mt of groundfish.

This standard is unchanged since 1992.

The red king crab bycatch rates

experienced by the yellowfin sole

fishery in Zone 1 during the first and

second quarters of 1997 averaged 0.07

and 0.13 crab/mt of groundfish,

respectively. The average bycatch rates

of red king crab experienced in the

‘‘other trawl’’ fishery during the first

and second quarter of 1997 were 0.40

and 0.02 crab/mt groundfish,

respectively. The low 1997 red king crab

bycatch rates primarily were due to

trawl closures in Zone 1 that were

implemented to reduce red king crab

bycatch. The yellowfin sole and Pacific

cod fisheries were closed in Zone 1 on

May 13 and April 23, respectively,
63880 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations

because C. bairdi Tanner crab bycatch

allowances were reached.

During 1997 through October, the

total bycatch of red king crab by vessels

participating in the yellowfin sole and

‘‘other trawl’’ fisheries is estimated at

48,000 crab, considerably less than the

100,000 red king crab bycatch limit

established for the trawl fisheries in

Zone 1. NMFS anticipates that the 1998

red king crab bycatch rates in Zone 1

will be similar to those experienced in

1997 and that the red king crab bycatch

limit will remain unchanged.

In spite of anticipated 1998 red king

crab bycatch rates being significantly

lower than 2.5 red king crab/mt of

groundfish, the Council recommended

the red king crab bycatch rate standards

be maintained at this level to avoid

unusually high crab bycatch rates while

providing some leniency to those vessel

operators who choose to use large mesh

trawl gear as a means to reduce

groundfish discard amounts.

The Regional Administrator has

determined that Council

recommendations for bycatch rate

standards are appropriately based on the

information and considerations

necessary for such determinations under

§ 679.21(f). Therefore, the Regional

Administrator concurs in the Council’s

determinations and recommendations

for halibut and red king crab bycatch

rate standards for the first half of 1998

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

Administrator pending his

consideration of the information set

forth at § 679.21(f)(4).

As required in § 679.2 and

§ 679.21(f)(5), the 1998 fishing months

are specified as the following periods

for purposes of calculating vessel

bycatch rates under the incentive

program:

Month 1: January 1 through January 31;

Month 2: February 1 through February 28;

Month 3: March 1 through March 28;

Month 4: March 29 through May 2;

Month 5: May 3 through May 30;

Month 6: May 31 through June 27;

Month 7: June 28 through August 1;

Month 8: August 2 through August 29;

Month 9: August 30 through October 3;

Month 10: October 4 through October 31;

Month 11: November 1 through November

28; and

Month 12: November 29 through December

31.

Classification

This action is taken under 50 CFR

679.21(f) and is exempt from OMB

review under E.O. 12866.

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

seq. and 3631 et seq.

Dated: November 26, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–31707 Filed 12–2–97; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 970611133–7263–02; I.D.

052997B]

RIN 0648–AJ36

Fisheries of the Exclusive Economic

Zone Off Alaska; Improved Retention/

Improved Utilization

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

implement Amendment 49 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP). This

final rule requires all vessels fishing for

groundfish in the Bering Sea and

Aleutian Islands Management Area

(BSAI) to retain all pollock and Pacific

cod beginning January 3, 1998, and all

rock sole and yellowfin sole beginning

January 1, 2003. This final rule also

establishes a 15-percent minimum

utilization standard for all at-sea

processors beginning January 3, 1998,

for pollock and Pacific cod and,

beginning January 1, 2003, for rock sole

and yellowfin sole. This action is

necessary to respond to the fishing

industry’s socioeconomic needs that

have been identified by the North

Pacific Fishery Management Council

(Council) and is intended to further the

goals and objectives of the FMP.

DATES: Effective January 3, 1998.

ADDRESSES: Copies of Amendment 49

and the Environmental Assessment/

Regulatory Impact Review/Final

Regulatory Flexibility Analysis (EA/

RIR/FRFA) prepared for this action may

be obtained from NMFS, P.O. Box

21668, Juneau, AK 99802, Attn: Lori J.

Gravel. Send comments regarding

burden estimates or any other aspect of

the data requirements, including

suggestions for reducing the burdens, to

NMFS and to the Office of Information

and Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, DC 20503, Attn: NOAA

Desk Officer.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone of the BSAI

are managed by NMFS under the FMP.

The FMP was prepared by the Council

under the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). Regulations

governing the groundfish fisheries of the

BSAI appear at 50 CFR parts 600 and

679.

At its September 1996 meeting, the

Council adopted Amendment 49 to the

FMP and recommended that NMFS

prepare a rulemaking to implement the

amendment. A notice of availability of

Amendment 49 was published in the

Federal Register on June 5, 1997 (62 FR

30835), and invited comment on the

amendment through August 4, 1997. A

proposed rule to implement

Amendment 49 was published in the

Federal Register on June 26, 1997 (62

FR 34429). Comments on the proposed

rule were invited through August 11,

1997. A total of twelve letters of

comment on the amendment and/or the

proposed rule were received. Nine

letters of comment were received by the

end of the comment period on

Amendment 49. Of these nine, two

comments opposed Amendment 49, and

seven comments supported approval but

recommended changes to the proposed

rule. Of the three letters of comment

received after the end of the comment

period on the amendment but before the

end of the comment period on the

proposed rule, two opposed

Amendment 49 and implementation of

the proposed rule. One supported

approval of Amendment 49 but

recommended changes to the proposed

rule. Comments on both the amendment

and the proposed rule are summarized

and responded to in the Response to

Comments section below.

Upon reviewing the reasons for

Amendment 49 to the FMP and the

comments on the proposed rule to

implement it, NMFS determined that

this action is necessary for the

conservation and management of the

groundfish fishery of the BSAI. NMFS

approved Amendment 49 on September

3, 1997, under section 304(a) of the

Magnuson-Stevens Act. Additional

information on this action may be found

in the preamble to the proposed rule

and in the EA/RIR/FRFA.

The Council also adopted a parallel

Amendment 49 to the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (GOA) in June 1997 and

recommended that NMFS prepare a

rulemaking to extend the Improved