65638 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

minimize the take of short-tailed

albatross could be implemented, ranging

from those proposed in this rule to

additionally more stringent measures,

including closures. The economic

impacts to small entities resulting from

such measures would depend on a

variety of factors, although very

significant negative impacts could be

expected if the halibut fishery were

closed due to the take of short-tailed

albatross in excess of the incidental take

authorized under the section 7

consultation with the USFWS.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: December 9, 1997.

Gary Matlock,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 679 is proposed

to be amended as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for 50 CFR

part 679 continues to read as follows:

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

seq., and 3631 et seq.

2. In § 679.24, paragraph (e)(1)(ii) is

removed, paragraphs (e)(1)(i), (e)(2)(iv)

introductory text, and (e)(2)(iv)(A)

through (e)(2)(iv)(D) are redesignated as

paragraphs (e)(1), (e)(3) introductory

text, and (e)(3)(i) through (e)(3)(iv),

respectively, and redesignated

paragraphs (e)(1) and (e)(3) introductory

text and paragraph (e)(2)(ii) are revised

to read as follows:

§ 679.24 Gear limitations.

* * * * *

(e) Seabird avoidance gear and

methods for hook-and-line vessels

fishing for groundfish—(1)

Applicability. The operator of a vessel

that is required to obtain a Federal

fisheries permit under § 679.4(b)(1)

must comply with the seabird avoidance

measures in paragraphs (e)(2) and (e)(3)

of this section while fishing for

groundfish with hook-and-line gear in

the BSAI, in the GOA, or in waters of

the State of Alaska that are shoreward

of the BSAI and the GOA.

(2) * * *

(ii) If offal is discharged while gear is

being set or hauled, it must be

discharged in a manner that distracts

seabirds from baited hooks, to the extent

practicable. The discharge site on board

a vessel must be either aft of the hauling

station or on the opposite side of the

vessel from the hauling station.

* * * * *

(3) For a vessel greater than or equal

to 26 ft (7.9 m) LOA, the operator of that

vessel described in paragraph (e)(1) of

this section must employ one or more of

the following seabird avoidance

measures:

* * * * *

3. In § 679.42, paragraph (b) is revised

to read as follows:

§ 679.42 Limitations on use of QS and IFQ.

* * * * *

(b) Gear. (1) IFQ Fisheries Halibut IFQ

must be used only to harvest halibut

with fishing gear authorized in § 679.2.

Sablefish fixed gear IFQ must not be

used to harvest sablefish with trawl gear

in any IFQ regulatory area, or with pot

gear in any IFQ regulatory area of the

GOA.

(2) Seabird avoidance gear and

methods. The operator of a vessel using

gear authorized at § 679.2 while fishing

for IFQ halibut or hook-and-line gear

while fishing for IFQ sablefish must

comply with requirements for seabird

avoidance gear and methods set forth at

§ 679.24(e).

* * * * *

[FR Doc. 97–32682 Filed 12–12–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208298–7298–01; I.D.

112097B]

Groundfish Fishery of the Bering Sea

and Aleutian Islands; Fisheries of the

Exclusive Economic Zone; Proposed

1998 Harvest Specifications for

Groundfish

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed 1998 harvest

specifications for groundfish and

associated management measures;

request for comments.

SUMMARY: NMFS proposes 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

for the 1998 fishing year. The intended

effect of this action is to conserve and

manage the groundfish resources in the

BSAI and to provide an opportunity for

public participation in the annual

groundfish specification process.

DATES: Comments must be received by

January 12, 1998.

ADDRESSES: Comments must be sent to

the Assistant Regional Administrator,

Sustainable Fisheries Division, Alaska

Region, NMFS, P.O. Box 21668, Juneau,

AK 99802–1668, Attn: Lori Gravel.

The preliminary 1998 Stock

Assessment and Fishery Evaluation

(SAFE) report, dated September 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 annual 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)

(§ 679.20(a)(1)(i)). Regulations under

§ 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

pollock and sablefish Community

Development Quota (CDQ) reserve. The

proposed specifications set forth in

tables 1–6 of this proposed rule satisfy

these requirements. For 1998, the sum

of proposed TAC amounts is 2,000,000

mt. Under § 679.20(c)(3), NMFS will

publish the final annual specifications

for 1998 after considering (1) comments

received within the comment period

(see DATES) and (2) consultations with

the Council at its December 1997

meeting.

Section 679.20(c)(2)(ii) require that

interim specifications—one-fourth of

each proposed initial TAC (ITAC)
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules 65639

amount and apportionment thereof, onefourth of each proposed PSC allowance

established under § 679.21, and the first

seasonal allowances of pollock—be

established effective 0001 hours Alaska

local time (A.l.t.), January 1, that will

remain in effect until the effective date

of the 1998 final harvest specifications,

which will be published in the Federal

Register. Regulations at § 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. Interim TAC

specifications and apportionments

thereof for the 1998 fishing year are

being published in the Rules and

Regulations section of this Federal

Register volume.

Proposed Acceptable Biological Catch

(ABC) and TAC Specifications

The proposed 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 its September 1997 meeting.

This information was compiled by the

Council’s BSAI Groundfish Plan Team

and is presented in the preliminary

1998 SAFE report for the BSAI

groundfish fisheries, dated September

1997. The Plan Team annually produces

such a document as the first step in the

process of specifying TACs. The SAFE

report contains a review of the latest

scientific analyses and estimates of each

species’ biomass and 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

category. The preliminary 1998 SAFE

report will be updated to include

information collected during the 1997

resource assessment surveys. Revised

stock assessments will be made

available by the Plan Team in November

1997 and be included in the final 1998

SAFE report.

The proposed 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. The proposed

ABCs also are based on new definitions

of ABC and overfishing that were

adopted by the Council as Amendment

44 to the FMP. A final rule

implementing Amendment 44 was

published in the Federal Register

January 17, 1997 (62 FR 2656). In

general, the new definitions involve

sophisticated statistical analyses of fish

populations and are based on a

successive series of six levels, or tiers,

of reliable information available to

fishery scientists. In 1997, the

application of the revised definitions

resulted in lower exploitation rates and

ABCs for most species, although

biomass estimates generally are

unchanged. Details of the Plan Team’s

recommendations for preliminary 1998

overfishing and ABC amounts for each

species are provided in the preliminary

1998 SAFE report. This report is

available from the Council (see

ADDRESSES). At its September 1997

meeting, the Council’s SSC reviewed the

Plan Team’s preliminary

recommendations for 1998 ABC

amounts. The SSC concurred in the Plan

Team’s recommendations, except for

pollock in the Bogoslof district. For this

stock, the Plan Team had recommended

an ABC of 60,319 mt. However, the SSC

recommended that this ABC be adjusted

downwards by the ratio of current

estimated biomass (280,000 mt) to target

biomass (2,000,000 mt), which resulted

in an SSC-recommended ABC of 8,400

mt. The Council adopted the proposed

overfishing and ABC amounts

recommended by the SSC (Table 1).

Specification and Apportionment of

TAC Amounts

The Council adopted the AP’s

proposals for the 1998 BSAI TAC

amounts. For each species, this amount

equals the lesser of either the 1997 TAC

or the SSC’s recommended 1998 ABC.

NMFS finds that the recommended

proposed TAC amounts are consistent

with the biological condition of

groundfish stocks as adjusted for other

biological and socioeconomic

considerations, including maintaining

the total TAC within the required OY

range of 1.4 million to 2.0 million mt.

Except for the hook-and-line and pot

gear allocation of sablefish, each

species’ TAC initially is reduced by 15

percent to establish the ITAC for each

species (§ 679.20(b)(1)(i)). The sum of

the 15-percent amounts is the reserve.

One half of the pollock TACs placed in

reserve is designated as a CDQ reserve

for use by CDQ participants

(§ 679.31(a)(1)). The remainder of the

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.

NMFS anticipates that the final 1998

groundfish specifications will include a

7.5 percent CDQ reserve for each

groundfish species TAC and PSC limit

as are authorized under Amendment 39

to the FMP. A proposed rule to

implement Amendment 39 was

published in the Federal Register on

August 15, 1997 (62 FR 43866).

Amendment 39 was approved by NMFS

on September 12, 1997.

On November 13, 1997, NMFS

approved Amendment 34 to the FMP.

This amendment requires that up to 2

percent of the TAC for Atka Mackerel in

the Eastern Aleutian Islands District and

the Bering Sea subarea be allocated to

the jig gear fleet. The amount of this

allocation will be 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 for the 1998 fishing

year. A proposed rule to implement

Amendment 34 was published in the

Federal Register on September 22, 1997

(62 FR 49464). NMFS anticipates that a

final rule will be effective prior to the

1998 trawl season (January 20). NMFS

further anticipates that the final 1998

specifications will allocate 1 percent of

the Eastern Aleutian Islands District/

Bering Sea subarea Atka mackerel TAC

to jig gear. Based on a proposed TAC of

15,000 mt, the jig gear allocation would

be 150 mt.

Table 1 lists the proposed 1998 ABC,

TAC, and ITAC amounts, overfishing

levels, and initial apportionments of

groundfish in the BSAI. The

apportionment of TAC amounts among

fisheries and seasons is discussed

below. These proposed specifications

are subject to change as a result of

public comment, analysis of the current

biological condition of the groundfish

stocks, and new information regarding

the fishery, and consultation with the

Council at its December meeting.
65640 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

TABLE 1.—PROPOSED 1998 ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC

(ITAC), AND OVERFISHING LEVELS OF GROUNDFISH IN THE BERING SEA AND ALEUTIAN ISLANDS AREA 1

Species Area ABC TAC ITAC 2 3 Overfishing

level

Pollock ....................................................... Bering Sea (BS) ....................................... 1,130,000 1,130,000 960,500 1,980,000

Aleutian Islands (AI) ................................. 28,000 28,000 23,800 38,000

Bogoslof District ........................................ 8,400 1,000 850 22,800

Pacific cod ................................................. BSAI .......................................................... 306,000 270,000 229,500 418,000

Sablefish 4 .................................................. BS ............................................................. 1,308 1,100 468 2,750

AI .............................................................. 1,367 1,200 255 2,860

Atka mackerel ............................................ Total .......................................................... 66,700 66,700 56,695 81,600

Western AI ................................................ 32,200 32,200 27,370 ....................

Central AI .................................................. 19,500 19,500 16,575 ....................

Eastern AI/BS ........................................... 15,000 15,000 12,750 ....................

Yellowfin sole ............................................ BSAI .......................................................... 233,000 230,000 195,500 339,000

Rock sole ................................................... BSAI .......................................................... 296,000 97,185 82,607 427,000

Greenland turbot ....................................... Total .......................................................... 12,350 9,000 7,650 25,100

BS ............................................................. .................... 6,030 5,126 ....................

AI .............................................................. .................... 2,970 2,525 ....................

Arrowtooth flounder ................................... BSAI .......................................................... 108,000 20,760 17,646 167,000

Flathead sole ............................................. BSAI .......................................................... 101,000 43,500 36,975 145,000

Other flatfish 5 ............................................ BSAI .......................................................... 97,500 50,750 43,138 150,000

Pacific ocean perch ................................... BS ............................................................. 2,800 2,800 2,380 5,400

AI Total ..................................................... 12,800 12,800 10,880 25,300

Western AI ................................................ 6,390 6,390 5,432 ....................

Central AI .................................................. 3,170 3,170 2,695 ....................

Eastern AI ................................................. 3,240 3,240 2,754 ....................

Other red rockfish 6 ................................... BS ............................................................. 1,050 1,050 893 1,400

Sharpchin/Northern ................................... AI .............................................................. 4,360 4,360 3,706 5,810

Shortraker/rougheye .................................. AI .............................................................. 938 938 797 1,250

Other rockfish 7 .......................................... BS ............................................................. 373 373 317 497

AI .............................................................. 714 714 607 952

Squid ......................................................... BSAI .......................................................... 1,970 1,970 1,675 2,620

Other species 8 .......................................... BSAI .......................................................... 25,800 25,800 21,930 138,000

Total ................................................ ................................................................... 2,440,430 2,000,000 1,698,768 3,980,339

1Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) area unless otherwise specified.

With the exception of pollock, and for the purpose of these specifications, the BS includes the Bogoslof District. 2Except 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. One half of the amount of the pollock TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (see § 679.31(a)(1)). 3Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ participants (see § 679.31(c)).

Regulations at § 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 § 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 ‘‘Other flatfish’’ includes all flatfish species except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder. 6 ‘‘Other red rockfish’’ includes shortraker, rougheye, sharpchin, and northern.

7 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin, northern, shortraker, and

rougheye. 8 ‘‘Other species’’ includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus.

Seasonal Allowances of Pollock TACs

Under § 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 proposed

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 2). As in past years,

the pollock TAC amounts specified for

the Aleutian Islands subarea and the

Bogoslof District would not be

seasonally apportioned and the entire

ITAC would be made available January

1.

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 proposed 1995

specifications for BSAI groundfish (59

FR 64383, December 14, 1994). At this

time, the Council’s findings are

unchanged from those set forth for 1995,

given that the relative seasonal

allowances are the same.

Apportionment of the Pollock TAC to

the Inshore and Offshore Components

Section 679.20(a)(6)(i) requires that

the proposed pollock ITAC amounts

specified for the BSAI 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 § 679.2. The

proposed 1998 ITAC specifications are

consistent with these requirements

(Table 2).
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules 65641

TABLE 2.—PROPOSED SEASONAL ALLOWANCES OF THE INSHORE AND OFFSHORE COMPONENT ALLOCATIONS OF POLLOCK

TAC AMOUNTS 1

Subarea and Component TAC ITAC Roe season 2

Non-roe

season 3

Bering Sea ........................................................................................................................ 1,130,000 960,500 432,225 528,275

Inshore ....................................................................................................................... .................... 336,175 151,279 184,896

Offshore ..................................................................................................................... .................... 624,325 280,946 343,379

Aleutian Islands ................................................................................................................ 28,000 23,800 23,800 4

Inshore ....................................................................................................................... .................... 8,330 8,330 4

Offshore ..................................................................................................................... .................... 15,470 15,470 4

Bogoslof District ................................................................................................................ 1,000 850 850 4

Inshore ....................................................................................................................... .................... 298 298 4

Offshore ..................................................................................................................... .................... 553 553 4

1Based 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).

3September 1 until November 1—based on a 45/55 split (non-roe equals 55 percent).

4 Remainder.

Apportionment of the Pollock TAC to

the Western Alaska Community

Development Quota

Section 679.31(a)(1) requires that onehalf of the pollock TAC placed in the

reserve for each subarea or district, or

7.5 percent of each TAC, be assigned to

a CDQ reserve for each subarea or

district. The proposed 1998 CDQ reserve

amounts for each subarea are as follows:

BSAI subarea

Pollock

CDQ

(MT)

Bering Sea ...................................... 84,750

Aleutian Islands .............................. 2,100

Bogoslof .......................................... 75

Total ................................................ 86,925

Under regulations governing the CDQ

program at § 679.30, NMFS may allocate

the 1998 pollock CDQ reserves to

eligible Western Alaska communities or

groups of communities that have an

approved community development plan

(CDP). NMFS has approved six CDPs

and associated percentages of the CDQ

reserve for each CDP recipient for 1996–

98 (60 FR 66516, December 22, 1995).

As with the pollock ITAC, the Council

recommended that the CDQ pollock

reserve be seasonally apportioned so

that no more than 45 percent of a CDP’s

1998 Bering Sea pollock allocation may

be harvested during the pollock roe

season, January 1 through April 15. Up

to 100 percent of a CDP’s 1998 Aleutian

Islands or Bogoslof District pollock

allocation could be harvested during

this time period.

Allocation of the Pacific Cod TAC

Under § 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

(§ 679.20(a)(7)(i)(B)). The Council

proposes to continue the 1997 seasonal

allowances of the portion of the Pacific

cod TAC allocated to the hook-and-line

and pot gear fisheries. The seasonal

allowances are authorized under

§ 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 (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 3 lists the proposed 1998

allocations and seasonal

apportionments of the Pacific cod ITAC.

Consistent with § 679.20(a)(iv)(C), the

Council has proposed that any portion

of the first seasonal allowance that is

not harvested by the end of the first

season would become available on

September 1, the beginning of the third

season.

TABLE 3.—1998 GEAR SHARES AND SEASONAL APPORTIONMENTS OF THE BSAI PACIFIC COD INITIAL ITAC

Gear Percent

TAC

Share ITAC

(mt)

Seasonal apportionment 1

Date Percent Amount

Jig .............................................................. 2 4,590 Jan 1-Dec 31 ............................................ 100 4,590

Hook-&-line/pot gear ................................. 51 117,045 Jan 1-Apr 30 ............................................. 73 85,443

.................... .................... May 1-Aug 31 ........................................... 23 26,920

.................... .................... ................................................................... 4 4,682

Trawl gear ................................................. 47 107,865 Jan 1-Dec 31 ............................................ 100 107,865

Catcher vessel (50%) ......................... .................... 53,933

Catcher/processor (50%) ................... .................... 53,933 ..............................................................

Total ................................................ 100 229,500

1Any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line or pot gear fishery would be reapportioned to the third seasonal allowance.
65642 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

Sablefish Gear Allocation and CDQ

Allocations for Sablefish

Section 679.20(a)(4) requires that the

sablefish TACs for the BSAI subareas be

divided between trawl and hook-andline/pot gear types. Gear allocations of

TACs are established in the following

proportions: Bering Sea subarea—trawl

gear 50 percent, hook-and-line/pot gear

50 percent; and Aleutian Islands

subarea—trawl gear 25 percent, hookand-line/pot gear 75 percent. In

addition, regulations under § 679.31(c)

require NMFS to withhold 20 percent of

the hook-and-line and pot gear sablefish

allocation as sablefish CDQ reserve.

Gear allocations of the proposed

sablefish TAC and CDQ reserve amounts

are specified in Table 4 as follows:

TABLE 4.—1998 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS

Subarea and gear Percent of

TAC

Share of

TAC (mt)

Initial TAC

(mt) 1

CDQ reserve

Bering Sea:

Trawl .......................................................................................................................... 50 550 468 N/A

Hook-and-line/pot gear 2 ............................................................................................ 50 550 N/A 110

Total ....................................................................................................................... .................... 1,100 468 110

Aleutian Islands:

Trawl .......................................................................................................................... 25 300 255 N/A

Hook-and-line/pot gear 2 ............................................................................................ 75 900 N/A 180

Total ....................................................................................................................... .................... 1,200 255 180

1Except 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. 2For 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. Section 679.20(b)(1) does not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.

Under regulations governing the

sablefish CDQ program at subpart C of

part 679, NMFS may allocate the 1998

sablefish CDQ reserve to eligible

Western Alaska communities or groups

of communities that have an approved

CDP. However, CDPs have not been

approved for 1998. The State of Alaska

consulted with the Council at its

September meeting and recommended

CDPs and the associated allocations of

sablefish CDQ reserve. If NMFS

approves the recommended CDPs, a

notice of the decision will be published

in the Federal Register, prior to the

publication of the final specifications.

Allocation of Prohibited Species Catch

(PSC) Limits for Crab, Halibut, and

Herring

PSC limits for halibut are set forth at

§ 679.21 (e)(1)(iii). For the BSAI trawl

fisheries, the limit is 3,775 mt mortality

of Pacific halibut (§ 679.21(e)(1)(iii)) and

for non-trawl fisheries, the limit is 900

mt mortality (§ 679.21(e)(2)). PSC limits

for crab and herring are annually

specified 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 § 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 lbs (6,577 mt) but less than

55 million lbs (24,948 mt)

(§ 679.21(e)(1)(i)(B)).

The 1998 C. bairdi PSC limit 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 § 679.21(e)(1)(ii). In Zone 1, C. bairdi

abundance is estimated at over 150

million to 270 million animals

(§ 679.21(e)(1)(ii)(A)(2)). In Zone 2, C.

bairdi abundance is estimated at over

175 million to 290 million animals

(§ 679.21(e)(1)(ii)(B)(2)).

NMFS approved Amendment 40 to

the FMP on October 15, 1997. This

amendment establishes a PSC limit for

C. opilio crab based on annual

abundance of crab as indicated by trawl

surveys. NMFS anticipates that

regulations implementing Amendment

40 will be published and effective by

mid-December 1997. Based on the

proposed rule (62 FR 43307, August 13,

1997), the 1998 C. opilio PSC limit

would be established at 0.1133 percent

of the 1997 Bering Sea C. opilio crab

abundance, or 4,654,000 crab.

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(§ 679.21(e)(1)(iv)).

NMFS’s best estimate of 1998 herring

biomass is 157,900 mt. This amount was

derived using 1996 survey data and an

age-structured biomass projection model

developed by the Alaska Department of

Fish and Game (ADF&G). Therefore, the

proposed herring PSC limit for 1998 is

1,579 mt. This value is subject to

change, pending an updated forecast

analysis of 1997 herring survey data that

will be presented to the Council by the

ADF&G during the Council’s December

1997 meeting.

Section 679.21(e)(3) authorizes the

apportionment of each trawl PSC limit

into PSC allowances for seven specified

trawl-fishery categories. Section

679.21(e)(4)(ii) further authorizes the

apportionment of the non-trawl halibut

PSC limit among five non-trawl fishery

categories. The fishery bycatch

allowances for the trawl and non-trawl

fisheries are listed in Table 5.

The fishery bycatch allowances listed

in table 5 reflect the recommendations

made to the Council by its AP. These

recommendations are unchanged from

those specified for 1997. The

justification for these allowances is

discussed in the publication of the final

1997 specifications (62 FR 7168,

February 18, 1997). Because NMFS

action on Amendment 40 and its

implementing rule had not been

finalized at the time of the September

1997 Council meeting, the Council did

not propose to apportion the proposed

C. opilio PSC limit among trawl fishery

categories. The Council is expected to

do so at its December 1997 meeting.

Section 679.21(e)(4)(ii) authorizes the

exemption of specified non-trawl

fisheries from the halibut PSC limit. As

in past years, the Council proposes to

exempt the 1998 pot gear, jig gear, and

sablefish hook-and-line gear fishery

categories from halibut bycatch

restrictions.

The Council proposed that the pot

and jig gear fisheries be exempt from

halibut-bycatch restrictions because

these fisheries use selective gear types
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules 65643

that experience low halibut bycatch

mortality. Between January 1997 and

September 1997, the groundfish pot gear

fishery was responsible for an estimated

halibut bycatch mortality of about 12

mt. The jig gear fleet comprises of

vessels less than 60 ft (18.3 m) length

overall that are exempt from observer

coverage requirements. As a result, no

observer data are available on halibut

bycatch in the BSAI jig gear fishery.

Nonetheless, the selective nature of this

gear type and the relatively small

amount of groundfish harvested with jig

gear likely results 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 legalsized halibut to be retained by vessels

using hook-and-line gear if a halibut IFQ

permit holder is aboard. 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.

Section 679.21(e)(5) authorizes

NMFS, after consultation with the

Council, to establish seasonal

apportionments of prohibited species

bycatch allowances. At its September

1997 meeting, the Council adopted the

AP’s recommendation to propose

seasonal apportionments of the trawl

bycatch allowances only for halibut

bycatch specified for the rockfish trawl

fishery. The intent of this proposal was

to reduce halibut bycatch during the

first quarter when it is the highest.

NMFS anticipates the Council will

consider additional seasonal

apportionments during its December

1997 meeting.

TABLE 5.—PROPOSED 1998 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL AND NON-TRAWL

FISHERIES

Trawl fishers

Prohibited species and zone C. bairdi (animals)

Halibut mortality (mt)

BSAI

Herring (mt)

BSAI

Red King

Crab (animals) Zone

1 1

Zone 1 1 Zone 2 1

Yellowfin sole ............................................................................................ 930 267 10,000 276,316 1,071,000

Rock sole/oth.flat/flat sole 1 ...................................................................... 795 .................... 75,000 296,052 357,000

Turbot/sablefish/arrowtooth 2 .................................................................... 0 .................... .................... .................... 0

Rockfish .................................................................................................... 100 7 .................... .................... 7,000

Jan. 1–Mar. 31 .................................................................................. 0

Apr. 1–Dec. 31 .................................................................................. 100

Pacific cod ................................................................................................ 1,600 20 7,500 133,224 195,000

Midwater pollock ....................................................................................... .................... 1,142

Pollock/Atka/other 3 ................................................................................... 350 143 7,500 44,408 470,000

TOTAL TRAWL .............................................................................. 3,775 1,579 100,000 750,000 2,100,000

Non-trawl fisheries:

Pacific cod ......................................................................................... 840

Other non-trawl .................................................................................. 60

Groundfish pot & jig ........................................................................... (4)

Sablefish hook & line ......................................................................... (4)

Total non-Trawl .............................................................................. 900

1 Rock sole, flathead sole, and other flatfish fishery category.

2Greenland turbot, arrowtooth flounder, and sablefish fishery category.

3Pollock other than midwater pollock, Atka mackerel, and ‘‘other species’’ fishery category.

4Exempt.

To monitor halibut bycatch mortality

allowances and apportionments, the

Administrator, Alaska Region, NMFS

(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 the 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 proposed that the

assumed halibut mortality rates

developed by staff of the International

Pacific Halibut Commission (IPHC) for

the 1997 BSAI groundfish fisheries be

rolled over for purposes of monitoring

halibut bycatch allowances established

for 1998. The justification for these

mortality rates is discussed in the

February 18, 1997, publication of the

1997 final specifications (62 FR 7168).

NMFS notes that the assumed halibut

mortality rate for the hook-and-line gear

fishery for Pacific cod was adjusted in

mid-1997 from 11.5 percent to 12

percent as a result of updated analyses

provided by the IPHC. NMFS proposes

to use the 12-percent rate in 1998. The

proposed mortality rates listed in Table

6 are subject to change pending the

results of an updated analysis on halibut

mortality rates in the groundfish

fisheries that IPHC staff is scheduled to

present to the Council at the Council’s

December 1997 meeting.

TABLE 6.—PROPOSED ASSUMED PACIFIC HALIBUT MORTALITY RATES

FOR THE BSAI FISHERIES DURING

1998

Fishery

Assumed

mortality

(percent)

Hook-and-line gear fisheries:

Rockfish ....................................... 15

Pacific cod ................................... 12

Greenland turbot ......................... 11

Sablefish ...................................... 29

Trawl gear fisheries:

Midwater pollock ......................... 79

Non-pelagic pollock ..................... 76

Yellowfin sole .............................. 79

Rock sole .................................... 73

Flathead sole ............................... 65

Other flatfish ................................ 65
65644 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

TABLE 6.—PROPOSED ASSUMED PACIFIC HALIBUT MORTALITY RATES

FOR THE BSAI FISHERIES DURING

1998—Continued

Fishery

Assumed

mortality

(percent)

Rockfish ....................................... 72

Pacific cod ................................... 68

Atka mackerel ............................. 73

Arrowtooth flounder ..................... 66

Greenland turbot ......................... 66

Sablefish ...................................... 23

Other species .............................. 68

Pot gear fisheries Pacific cod ......... 10

Classification

This action is authorized under 50

CFR 679 and is exempt from review

under E.O. 12866.

A draft environmental assessment

(EA) on the allowable harvest levels set

forth in the final 1998 SAFE Report will

be available for public review at the

December 1997 Council meeting. After

the December meeting, a final EA will

be prepared on the final TAC amounts

recommended by the Council.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce made the

following certification to the Chief

Counsel for Advocacy of the Small

Business Administration (SBA) that

these proposed specifications, if

adopted, would not have a significant

impact on a substantial number of small

entities as follows:

The Small Business Administration has

defined all fish-harvesting or hatchery

businesses that are independently owned and

operated, not dominant in their field of

operation, with annual receipts not in excess

of $3,000,000 as small businesses.

Additionally, seafood processors with 500

employees or fewer, wholesale industry

members with 100 employees or fewer, notfor-profit enterprises, and government

jurisdictions with a populations of 50,000 or

less are considered small entities. NMFS has

determined that a ‘‘substantial number’’ of

small entities would generally be 20 percent

of the total universe of small entities affected

by the regulation. A regulation would have

a ‘‘significant economic impact’’ on these

small entities if it reduced annual gross

revenues by more than 5 percent, increased

total costs of production by more than 5

percent, or resulted in compliance costs for

small entities that are at least 10 percent

higher than compliance costs as a percent of

sales for large entities. NMFS typically

assumes that all catcher vessels participating

in the Alaska groundfish fisheries are ‘‘small

entities’’ for purposes of the Regulatory

Flexibility Act (RFA).

Based on the number of vessels that caught

groundfish in 1996, the number of fixed gear

and trawl catcher vessels expected to be

operating as small entities in the 1998 Bering

Sea and Aleutian Islands groundfish fishery

is 410. All participants in the BSAI

groundfish fisheries, including small entities,

could be affected by the harvest limits

established in the 1998 specifications. Thus,

a substantial number of small entities would

likely be affected by these proposed

specifications.

No changes in the 1998 TACs are proposed

relative to the 1997 TACs. Further, no

significant changes in the socioeconomic

condition of the BSAI groundfish fishery

have occurred or are anticipated that could

affect the economic impact on small entities

of the 1998 specifications. Any changes in

final TAC amounts for specific species that

may be recommended by the Council at its

December 1997 meeting likely would not

have a significant economic impact given

that the Alaska groundfish fishing fleet is

accustomed to shifting effort among

alternative species and management areas in

response to changes in TAC between years

and inseason closures.

Based on 1996 data presented in the

preliminary 1998 SAFE report dated

September 1997 (See ADDRESSES), the total

exvessel value of the BSAI groundfish fishery

is estimated at $413.1 million. These

revenues are shared among small and large

sector entities. Based on the proposed

specifications, the value of the BSAI fishery

is expected to remain at approximately this

level with no significant allocation shifts

between sectors. Thus, based on the SAFE

report and the existence of no significant

intervening changes, it is unlikely that the

proposed specifications would have a

significant economic impact on small

entities. For the reasons presented above,

these revenues are not expected to change

significantly within either sector. This

assessment will be reviewed again

subsequent to the Council’s final

recommendations for 1998 TAC amounts.

These final recommendations will be based

on new information on the status of BSAI

groundfish stocks that currently is not

available. If the Council recommends

significant changes to the proposed

specifications, the potential economic

impacts on small entities will be reevaluated.

Therefore, an initial regulatory

flexibility analysis was not prepared.

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

seq. and 3631 et seq.

Dated: December 9, 1997.

Gary C. Matlock,

Acting Assistant Administrator For Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–32681 Filed 12–12–97; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208297–7297–01; I.D.

112097A]

Groundfish Fishery of the Gulf of

Alaska; Fisheries of the Exclusive

Economic Zone; Proposed 1998

Harvest Specifications for Groundfish

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed 1998 harvest

specifications for groundfish and

associated management measures;

request for comments.

SUMMARY: NMFS proposes 1998 harvest

specifications for groundfish, reserves

and apportionment thereof, Pacific

halibut prohibited species catch (PSC)

limits, and associated management

measures for the groundfish fishery of

the Gulf of Alaska (GOA). This action is

necessary to establish harvest limits and

associated management measures for

groundfish the 1998 fishing year. The

intended effect of this action is to

conserve and manage the groundfish

resources in the GOA and to provide an

opportunity for public participation in

the annual groundfish specification

process.

DATES: Comments must be received by

January 14, 1998.

ADDRESSES: Comments must be sent to

the Assistant Regional Administrator,

Sustainable Fisheries Division, Alaska

Region, National Marine Fisheries

Service, P.O. Box 21668, Juneau, AK

99802–1668, Attn: Lori Gravel.

The preliminary 1998 Stock

Assessment and Fishery Evaluation

(SAFE) Report, dated September 1997,

is available from the North Pacific

Fishery Management Council, 605 West

4th Ave., Suite 306, Anchorage, AK

99501–2252 (907–271–2809).

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486–6919.

SUPPLEMENTARY INFORMATION:

Background

Groundfish fisheries in the GOA are

governed by Federal regulations at 50

CFR part 679 that implement the

Fishery Management Plan for

Groundfish of the Gulf of Alaska (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.