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.
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules 65645

The FMP and implementing

regulations require NMFS, after

consultation with the Council, to

specify annually the total allowable

catch (TAC) for each target species and

the ‘‘other species’’ category, the sum of

which must be within the optimum

yield (OY) range of 116,000 to 800,000

metric tons (mt) (§ 679.20 (a)(1)(ii)).

Section 679.20(c)(1) further requires

NMFS to annually solicit public

comment on proposed annual TACs and

publish halibut PSC amounts, seasonal

allowances of pollock, and inshore/

offshore Pacific cod. The proposed

specifications set forth in Tables 1–6 of

this action satisfy these requirements.

For 1998, the sum of the proposed TAC

amounts is 309,715 mt. Under

§ 679.20(c)(3), NMFS will publish the

final 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)(i) requires that

interim specifications—one-fourth of

each proposed TAC and apportionment

thereof (not including the reserves and

the first seasonal allowance of pollock),

one-fourth of the proposed halibut PSC

amounts, and the proposed first

seasonal allowance 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 by the final 1998 harvest

specifications, which will be published

in the Federal Register.

NMFS is publishing, in the Rules and

Regulations section of this Federal

Register volume, interim TAC

specifications and apportionments

thereof for the 1998 fishing year that

will become effective 0001 hours, A.l.t.

January 1, 1998, and remain in effect

until superseded by the final 1998

harvest specifications. 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 (SCC) reviewed

current biological information about the

condition of groundfish stocks in the

GOA at their September 1997 meeting.

This information was compiled by the

Council’s GOA Plan Team and is

presented in the preliminary 1998 SAFE

report for the GOA 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 GOA ecosystem and

the economic condition of the

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 new

information collected during 1997.

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

approved by NMFS under Amendment

44 to the FMP (62 FR 2652, January 17,

1997). 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. The revised definitions result

in lower exploitation rates and ABCs for

most species, although biomass

estimates are generally 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 the

ABCs for deep-water flatfish in the

Western and Central areas of the GOA

and for nearshore pelagic shelf rockfish

in the Central area of the GOA. For these

stocks the Plan Team had based its ABC

recommendations on a tier six

calculation of average catch of these

species for the period 1991 though 1997,

rather than for the period 1987 though

1995 as specified in Amendment 44 to

the FMP. The SSC’s corrected ABC

recommendations were unchanged from

1997 and equaled 3,690 mt for deepwater flatfish in the Western area, 3,140

mt for deep-water flatfish in the Central

area, and 260 mt for nearshore pelagic

shelf rockfish in the Central area of the

GOA. The Council adopted the

proposed overfishing and ABC amounts

recommended by the SSC (Table 1).

At its June 1997 meeting, the Council

adopted Amendment 46 to the FMP.

This amendment would remove the

nearshore component of pelagic shelf

rockfish (consisting of black rockfish

and blue rockfish) from the FMP. The

intent of this action was to provide the

State of Alaska with full management

authority for these stocks. The Council

believes that regional management of

these stocks by the Alaska Department

of Fish and Game will more fully

address fishery and management

concerns. A proposed rule to implement

Amendment 46 was published in the

Federal Register on December 2, 1997

(62 FR 63690). Pending the timely

approval of Amendment 46 by NMFS,

the final 1998 specifications would not

include specifications for the nearshore

component of pelagic shelf rockfish as

proposed in Table 1.

Specification and Apportionment of

TAC Amounts and Reserves

The Council adopted the AP’s

proposals for the 1998 GOA TAC

amounts. For each species these

amounts equal the 1997 TAC amounts

except for pollock, which equals the

1998 ABC recommended by the Plan

Team, SSC, and AP. 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

116,000–800,000 mt.

The reserves for the GOA (under

§ 679.20(b)(2)) are 20 percent of the TAC

amounts for pollock, Pacific cod, flatfish

target species categories, and ‘‘other

species.’’ The GOA groundfish TAC

amounts have been fully utilized by the

respective domestic target species

categories since 1987, and NMFS

expects the same to occur in 1998.

NMFS proposes apportionment of all

the reserves to the respective target

species categories except for Pacific cod.

The Pacific cod fishery in the GOA has

become increasingly difficult to manage.

The increased number of participants,

unexpected increases in harvest rates,

and unexpected shifts to other

management areas and targets in the

GOA have resulted in overharvests of

Pacific cod in some areas. Therefore,

NMFS proposes to initially reserve 20

percent of the Pacific cod TACs in the

GOA as a management buffer to prevent

exceeding the Pacific cod TAC.

Table 1 sets forth the proposed 1998

ABC, TAC, initial TAC amounts (for

Pacific cod only), overfishing levels, and

initial apportionments of groundfish in

the GOA. The section following Table 1

discusses the apportionment of TAC

amounts among fisheries. These
65646 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

proposed specifications are subject to

change as a result of public comment,

analysis of the current biological

condition of the groundfish stocks, new

information regarding the fishery, and

consultation with the Council at its

December 1997 meeting.

TABLE 1.—PROPOSED 1998 ABCS, TACS, INITIAL TACS (PACIFIC COD ONLY) AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL (W/C), WESTERN (W), CENTRAL (C), AND EASTERN (E) REGULATORY AREAS AND

IN THE WEST YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULF-WIDE (GW) DISTRICTS OF THE GULF OF

ALASKA

Species Area 1 ABC TAC Initial TAC Overfishing

(mt)

Pollock 2

Shumagin ...................................................................................... (610) ............ 24,200 24,200 .................... ....................

Chirikof .......................................................................................... (620) ............ 40,660 40,660 .................... ....................

Kodiak ........................................................................................... (630) ............ 31,940 31,940

Subtotal ...................................................................................... W/C .............. 96,800 96,800 .................... 137,900

E .................. 8,800 8,800 .................... 12,600

Total ........................................................................................... ...................... 105,600 105,600 .................... 150,500

Pacific cod 3

W ................. 28,500 24,225 19,380 ....................

C .................. 51,400 43,690 34,952 ....................

E .................. 1,600 1,200 960

Total ........................................................................................... ...................... 81,500 69,115 55,292 180,000

Flatfish (deep-water) 4 .......................................................................... W ................. 340 340 .................... ....................

C .................. 3,690 3,690 .................... ....................

E .................. 3,140 3,140

Total ........................................................................................... ...................... 7,170 7,170 .................... 9,420

Rex sole 4 ............................................................................................. W ................. 1,190 1,190 .................... ....................

C .................. 5,490 5,490 .................... ....................

E .................. 2,470 2,470

Total ........................................................................................... ...................... 9,150 9,150 .................... 11,920

Flathead sole ........................................................................................ W ................. 8,440 2,000 .................... ....................

C .................. 15,630 5,000 .................... ....................

E .................. 2,040 2,040

Total ........................................................................................... ...................... 26,110 9,040 .................... 34,010

Flatfish (shallow-water) 5 ...................................................................... W ................. 22,570 4,500 .................... ....................

C .................. 19,260 12,950 .................... ....................

E .................. 1,320 1,180 .................... ....................

Total ........................................................................................... ...................... 43,150 18,630 .................... 59,540

Arrowtooth flounder .............................................................................. W ................. 33,010 5,000 .................... ....................

C .................. 149,640 25,000 .................... ....................

E .................. 25,690 5,000

Total ........................................................................................... ...................... 208,340 35,000 .................... 295,970

Sablefish 6 ............................................................................................. W ................. 1,860 1,860 .................... ....................

C .................. 6,410 6,410 .................... ....................

WYK ............. 2,410 2,410 .................... ....................

SEO ............. 3,840 3,840

Total ........................................................................................... ...................... 14,520 14,520 .................... 30,360

Pacific ocean perch 7 ............................................................................ W ................. 2,230 1,472 .................... 3,190

C .................. 8,160 5,352 .................... 11,630

E .................. 5,450 2,366 .................... 7,770

Total ........................................................................................... ...................... 15,840 9,190 .................... 22,590

Short raker/rougheye 8 ......................................................................... W ................. 160 160 .................... ....................

C .................. 970 970 .................... ....................

E .................. 460 460
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules 65647

TABLE 1.—PROPOSED 1998 ABCS, TACS, INITIAL TACS (PACIFIC COD ONLY) AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL (W/C), WESTERN (W), CENTRAL (C), AND EASTERN (E) REGULATORY AREAS AND

IN THE WEST YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULF-WIDE (GW) DISTRICTS OF THE GULF OF

ALASKA—Continued

Species Area 1 ABC TAC Initial TAC Overfishing

Total ........................................................................................... ...................... 1,590 1,590 .................... 2,740

Other rockfish 9 10 11 ............................................................................. W ................. 20 20 .................... ....................

C .................. 650 650 .................... ....................

E .................. 4,590 1,500

Total ........................................................................................... ...................... 5,260 2,170 .................... 7,560

Northern Rockfish 12 ............................................................................. W ................. 840 840 .................... ....................

C .................. 4,150 4,150 .................... ....................

E .................. 10 10

Total ........................................................................................... ...................... 5,000 5,000 .................... 9,420

Pelagic shelf rockfish 13 ........................................................................ W combined 570 570 .................... ....................

C nearshore 260 260 .................... 350

C offshore .... 3,320 3,320 .................... ....................

E combined .. 990 990

Total excl. .................................................................................. C nearshore 4,880 4,880 .................... ....................

Total incl. ................................................................................... C nearshore 5,140 5,140 .................... 8,190

Demersal shelf rockfish 11 .................................................................... SEO ............. 950 950 .................... 1,450

Thornyhead rockfish ............................................................................. GW ............... 1,700 1,700 .................... 2,440

Atka mackerel ....................................................................................... GW ............... 1,000 1,000 .................... 6,200

Other species 14 ................................................................................... GW ............... N/A15 14,750

Total 16 ....................................................................................... ...................... 531,020 309,715 .................... 832,540

1 Regulatory areas and districts are defined at § 679.2. 2Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3), each of which is further divided

into three seasonal allowances. In the Eastern Regulatory Area, pollock is not divided into seasonal allowances. 3Pacific cod is allocated 90 percent for processing by the inshore, and 10 percent for processing by the offshore component. Component allocations are shown in Table 4. 4 ‘‘Deep-water flatfish’’ means Dover sole and Greenland turbot.

5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.

6Sablefish is allocated to trawl and hook-and-line gears (Table 2).

7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Shortraker/rougheye rockfish’’ means Sebastes borealis (shortraker) and S. aleutianus (rougheye). 9 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf rockfish. The category ‘‘other rockfish’’ in the Southeast Outside District means Slope rockfish. 10 ‘‘Slope rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri

(darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S.

zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion),

and S. reedi (yellowmouth). 11 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.

helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). 12 ‘‘Northern rockfish’’ means Sebastes polyspinis. 13 ‘‘Pelagic shelf rockfish’’ means Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S. entomelas (widow), and S. flavidus

(yellowtail). ‘‘Pelagic shelf rockfish nearshore’’ means Sebastes melanops (black) and S. mystinus (blue). ‘‘Pelagic shelf rockfish offshore’’ means

Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus (yellowtail). 14 ‘‘Other species’’ means sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC for ‘‘other species’’ equals 5 percent of the TACs of target species. 15 N/A means not applicable. 16The total ABC is the sum of the ABCs for target species.

Proposed Apportionment of the

Sablefish TAC Amounts to Users of

Hook-and-Line and Trawl Gear

Under § 679.20(a)(4)(i) and (ii),

sablefish TAC amounts for each of the

regulatory areas and districts are

assigned to hook-and-line and trawl

gear. In the Central and Western

Regulatory Areas, 80 percent of the TAC

amounts is allocated to vessels using

hook-and-line gear and 20 percent is

allocated to vessels using trawl gear. In

the Eastern Regulatory Area, 95 percent

of the TAC is assigned to vessels using

hook-and-line gear and 5 percent is

assigned to vessels using trawl gear. The

trawl gear allocation in the Eastern

Regulatory Area may only be used as

bycatch to support directed fisheries for

other trawl target species. Sablefish

caught in the GOA with gear other than

hook-and-line or trawl must be treated

as prohibited species and may not be

retained. Table 2 sets forth the

assignments of the proposed 1998

sablefish TAC amounts between vessels

using hook-and-line and trawl gears.
65648 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

TABLE 2.—PROPOSED 1998 SABLEFISH TAC SPECIFICATIONS IN THE GULF OF ALASKA AND ASSIGNMENTS THEREOF TO

HOOK-AND-LINE AND TRAWL GEAR

Area/District TAC Hook-andline share Trawl share

(mt)

Western .................................................................................................................................................... 1,860 1,488 372

Central ...................................................................................................................................................... 6,410 5,128 1,282

Eastern:

West Yakutat ..................................................................................................................................... 2,410 2,290 120

Southeast Outside ............................................................................................................................. 3,840 3,648 192

Total ............................................................................................................................................... 14,520 12,554 1,966

Proposed Apportionments of Pollock

and Pacific Cod TAC Amounts

In the GOA, pollock is apportioned by

area and season. Section

679.20(a)(5)(ii)(A) requires that the TAC

for pollock in the combined Western/

Central (W/C) Regulatory Areas be

apportioned among statistical areas

Shumagin (610), Chirikof (620), and

Kodiak (630) in proportion to known

distribution of the pollock biomass. This

measure was intended to provide spatial

distribution of the pollock harvest as a

sea lion protection measure. Under

§ 679.20(a)(5)(ii)(B), the pollock TAC for

the W/C Regulatory Areas is

apportioned into three seasonal

allowances of 25, 25 and 50 percent,

respectively. As established under

§ 679.23(d)(2), the first, second, and

third seasonal allowances of the W/C

Regulatory Area pollock TAC amounts

are available on January 1, June 1, and

September 1, respectively. Within any

fishing year, any unharvested amount of

any seasonal allowance of pollock TAC

is added in equal proportions to all

subsequent seasonal allowances,

resulting in a sum for each allowance

not to exceed 150 percent of the initial

seasonal allowance. Similarly, harvests

in excess of a seasonal allowance of

TAC are deducted in equal proportions

from the remaining seasonal allowances

of that fishing year. The Eastern

Regulatory Area proposed TAC of 8,800

mt is not allocated among smaller areas,

or seasonally.

Section 679.20(a)(6)(ii) requires the

allocation of the pollock apportionment

in all regulatory areas and for all

seasonal allowances to the inshore and

offshore components as defined at

§ 679.2. Similarly, § 679.20(a)(6)(iii)

requires allocation of the Pacific cod

apportionment in all regulatory areas to

the inshore and offshore components.

The inshore component would be

allocated as 100 percent of the pollock

TAC in each regulatory area after

subtraction of amounts that are

determined by the Administrator,

Alaska Region, NMFS (Regional

Administrator), to be necessary to

support the bycatch needs of the

offshore component in directed fisheries

for other groundfish species. At this

time, these bycatch amounts are

unknown and will be determined

during the fishing year. The proposed

distribution of pollock within the

combined W/C Regulatory Areas is

shown in Table 3, except that the

allocation to the inshore and offshore

components are not shown.

The inshore component for Pacific

cod would be allocated as 90 percent of

the TAC in each regulatory area. Inshore

and offshore component allocations of

the proposed 55,292 mt initial TAC for

each regulatory area are set forth in

Table 4.

TABLE 3.—PROPOSED DISTRIBUTION OF POLLOCK IN THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GULF OF

ALASKA (W/C GOA); BIOMASS DISTRIBUTION, AREA APPORTIONMENTS, AND SEASONAL

Statistical area Biomass

percent

1998

ABC = TAC

Seasonal Allowances

First Second Third

(mt)

Shumagin (610) ........................................................................................ 25 24,200 6,050 6,050 12,100

Chirikof (620) ............................................................................................ 42 40,660 10,165 10,165 20,330

Kodiak (630) ............................................................................................. 33 31,940 7,985 7,985 15,970

Total ............................................................................................... 100 96,800 24,200 24,200 48,400

NOTE: Allowances. ABC for the W/C GOA is proposed to be 96,800 metric tons (mt). Biomass distribution is based on 1996 survey data. TAC

amounts are equal to ABC. Inshore and offshore allocations of pollock are not shown.

TABLE 4.—PROPOSED 1998 ALLOCATION OF PACIFIC COD INITIAL TAC AMOUNTS IN THE GULF OF ALASKA; ALLOCATIONS

FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS.

Regulatory area Initial TAC

Component Allocation

Inshore

(90%)

Offshore

(10%)

(mt)

Western .................................................................................................................................................... 19,380 17,442 1,938

Central ...................................................................................................................................................... 34,952 31,457 3,495
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules 65649

TABLE 4.—PROPOSED 1998 ALLOCATION OF PACIFIC COD INITIAL TAC AMOUNTS IN THE GULF OF ALASKA; ALLOCATIONS

FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS.—Continued

Regulatory area Initial TAC

Component Allocation

Inshore

(90%)

Offshore

(10%)

Eastern ..................................................................................................................................................... 960 864 96

Total: .............................................................................................................................................. 55,292 49,763 5,529

‘‘Other Species’’ TAC

The FMP specifies that amounts for

the ‘‘other species’’ category are

calculated as 5 percent of the combined

TAC amounts for target species. The

GOA-wide ‘‘other species’’ TAC is

calculated as 14,750 mt, which is 5

percent of the sum of combined TAC

amounts for the target species.

Proposed Halibut PSC Mortality Limits

Under § 679.21(d), annual Pacific

halibut PSC mortality limits are

established for trawl and hook-and-line

gear and may be established for pot gear.

At its September meeting, the Council

recommended that NMFS reestablish

the PSC limits of 2,000 mt for the trawl

fisheries and 300 mt for the hook-andline fisheries, with 10 mt of the hookand-line limit allocated to the demersal

shelf rockfish (DSR) fishery in the SEO

District and the remainder to the

remaining hook-and-line fisheries. The

Council did not propose seasonal

apportionments of these PSC limits but

may recommend such apportionments

at its December 1997 meeting. Section

679.21(d)(4) authorizes the exemption of

specified nontrawl fisheries from the

halibut PSC limit. As in 1996 and 1997,

the Council proposes to exempt pot gear

and the hook-and-line sablefish fishery

from the nontrawl halibut limit for

1998. The Council proposed these

exemptions because the halibut bycatch

mortality experienced in the pot gear

fisheries was low (17 mt in 1996, and 13

mt in 1997) and because the sablefish

and halibut Individual Fishing Quota

(IFQ) program, implemented in 1995,

allows retention of legal-sized halibut in

the sablefish fishery by persons holding

IFQ permits for halibut.

NMFS preliminarily concurs in the

Council’s 1998 recommendations for

halibut bycatch limits.

Section 679.21(d)(3)(iii) authorizes

the apportionment of the trawl halibut

PSC limit to a deep-water species

fishery (consisting of sablefish, rockfish,

deep-water flatfish, rex sole, and

arrowtooth flounder) and a shallowwater species fishery (consisting of

pollock, Pacific cod, shallow-water

flatfish, flathead sole, Atka mackerel,

and ‘‘other species’’). The proposed

apportionment for these two fishery

complexes is presented in Table 5 and

is unchanged from 1997.

TABLE 5.—PROPOSED 1998 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE DEEP-WATER

SPECIES COMPLEX AND THE SHALLOW-WATER SPECIES COMPLEX

Season Shallowwater Deep-water Total

(mt)

Jan. 20–Sep. 30 ....................................................................................................................................... 800 800 1,600

Oct. 1–Dec. 31 ......................................................................................................................................... .................... .................... 400

Total ............................................................................................................................................... .................... .................... 2,000

There is no apportionment between shallow-water and deep-water fishery categories between October 1 and December 31.

Some changes may be made by the

Council or NMFS in the seasonal, gear

type and fishing-complex

apportionments of halibut PSC limits for

the final 1998 harvest specifications.

NMFS considers the following types of

information in setting halibut PSC limits

as presented by, and summarized from,

the preliminary 1998 SAFE Report, or

from public comment and testimony.

Estimated Halibut Bycatch in Prior

Years

The best available information on

estimated halibut bycatch is available

from data collected during 1997 by

observers. The calculated halibut

bycatch mortality by trawl, hook-andline, and pot gear through October 18,

1997, is 1,748 mt, 210 mt, and 13 mt,

respectively, for a total halibut mortality

of 1,971 mt.

Halibut bycatch restrictions

seasonally constrained trawl gear

fisheries during the first, second, and

third quarters of the 1997 fishing year

and are anticipated to constrain trawl

gear fisheries during the fourth quarter.

Trawling for the deep-water fishery

complex was closed during the first

quarter on March 15 (62 FR 13352,

March 20, 1997), for the second quarter

on April 14 (62 FR 18725, April 17,

1997), and for the third quarter on July

20 (62 FR 39782, July 24, 1997). The

shallow-water fishery complex was

closed in the second quarter on May 6

(62 FR 25138, May 8, 1996) and in the

third quarter on August 8 (62 FR 43485,

August 14, 1996). The amount of

groundfish that might have been

harvested if halibut had not been

seasonally limiting in 1997 is unknown.

However, lacking market incentives,

some amounts of groundfish will not be

harvested, regardless of halibut PSC

bycatch availability.

Expected Changes in Groundfish Stocks

At its September 1997 meeting, the

Council recommended 1998 ABC

amounts higher than 1997 ABC amounts

for pollock, arrowtooth, and Pacific

ocean perch (POP). The proposed 1998

ABC amounts for the remaining species

or species groups are unchanged from

1997 amounts. More information on

these proposed changes is included in

the preliminary SAFE Report, dated

September 1997, and in the AP, SSC,

and Council minutes from the

September 1997 meeting.
65650 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

Expected Changes in Groundfish Catch

The total of the proposed 1998 TAC

amounts for the GOA is 309,715 mt,

which represents 110 percent of the sum

of TAC amounts for 1997 (282,815 mt).

Increases in TAC are proposed for

pollock, arrowtooth, and POP. The

proposed increases in TAC should not

directly affect halibut bycatch.

Current Estimates of Halibut Biomass

and Stock Condition

The most recent information on

halibut biomass and stock condition

may be found in the 1997 final SAFE

report, dated December 1997. New

information will be incorporated in the

final 1998 SAFE report.

The International Pacific Halibut

Commission (IPHC) has been

developing substantially different

methods of estimating halibut biomass

and stock conditions. These methods

have resulted in new estimates of

biomass and recruitment. The IPHC

estimates of biomass and recruitment of

halibut are higher than previously

indicted. The increase in estimated

biomass under the new method can be

attributed to three factors.

1. Halibut size at age information is

better represented in the population

model. Growth has declined and the

new method more appropriately

accounts for the availability of young

halibut to capture by hook and line gear;

the estimated abundance of young

halibut has increased accordingly.

2. Bycatch mortality of legal-sized

halibut (32 inches or greater) is now

included in the assessment along with

other removals such as commercial and

sport; this inclusion of bycatch

mortality causes the estimated biomass

to increase to account for the increase in

removals.

3. Catch rates from IPHC hook and

line surveys are included in the

analysis; these data support trends

observed in the commercial fishery that

the halibut population has increased.

The 1987 year class of halibut is large,

although individual fish are small. The

strength of this year class has increased

current estimates of abundance and

suggests that halibut biomass is likely to

stay high for the next several years.

Potential Impacts of Expected Fishing

for Groundfish on Halibut Stocks and

U.S. Halibut Fisheries

The allowable commercial catch of

halibut will be adjusted to account for

the overall halibut PSC mortality limit

established for groundfish fisheries. The

1998 groundfish fisheries are expected

to use the entire proposed halibut PSC

limit of 2,300 mt. The allowable

directed commercial catch is

determined by accounting for the

recreational catch, waste, and bycatch

mortality, and then providing the

remainder to the directed fishery.

Groundfish fishing is not expected to

affect the halibut stocks.

Methods Available for, and Costs of,

Reducing Halibut Bycatches in

Groundfish Fisheries

Methods available for reducing

halibut bycatch include (1) Reducing

halibut bycatch rates through the Vessel

Incentive Program (2) modifications to

gear (3) changes in groundfish fishing

seasons (4) individual transferable quota

programs and (5) time/area closures.

Reductions in groundfish TAC

amounts provide no incentive for

fishermen to reduce bycatch rates. Costs

that would be imposed on fishermen as

a result of reducing TAC amounts

depend on species and amounts of

groundfish foregone.

Trawl vessels carrying observers for

purposes of complying with the

observer coverage requirements (50 CFR

679.50) are subject to the Vessel

Incentive Program. The program

encourages trawl fishermen to avoid

high halibut bycatch rates while

conducting groundfish fisheries by

specifying bycatch rate standards for

various target fisheries.

Current regulations (§ 679.24(b)(1)(ii))

require groundfish pots to have halibut

exclusion devices to reduce halibut

bycatch. Resulting low bycatch and

mortality rates of halibut in pot fisheries

have justified exempting pot gear from

PSC limits.

The regulations also define pelagic

trawl gear in a manner intended to

reduce bycatch of halibut by displacing

fishing effort off the bottom of the sea

floor when certain halibut bycatch

levels are reached during the fishing

year. The definition provides standards

for physical conformation (§ 679.2, see

Authorized gear) and performance of the

trawl gear in terms of crab bycatch

(§ 679.7(b)(3)). Furthermore, all hookand-line vessel operators are required to

employ careful release measures when

handling halibut bycatch (§ 679.7(b)(2)).

These measures are intended to reduce

handling mortality, increase the amount

of groundfish harvested under the

available halibut mortality bycatch

limits, and possibly lower overall

halibut bycatch mortality in groundfish

fisheries.

The sablefish/halibut IFQ program

(implemented in 1995) was intended, in

part, to reduce the halibut discard

mortality in the sablefish fishery.

Methods available for reducing

halibut bycatch listed above will be

reviewed by NMFS and the Council to

determine their effectiveness. Changes

will be initiated, as necessary, in

response to this review or to public

testimony and comment.

Consistent with the goals and

objectives of the FMP to reduce halibut

bycatches while providing an

opportunity to harvest the groundfish

OY, NMFS proposes the assignments of

2,000 mt and 300 mt of halibut PSC

mortality limits to trawl and hook-andline gear, respectively. While these

limits would reduce the harvest quota

for commercial halibut fishermen,

NMFS has determined that they would

not result in unfair allocation to any

particular user group. NMFS recognizes

that some halibut bycatch will occur in

the groundfish fishery, but the Vessel

Incentive Program, required

modifications to gear, and

implementation of the halibut IFQ

program are intended to reduce adverse

impacts on halibut fishermen while

promoting the opportunity to achieve

the OY from the groundfish fishery.

Halibut Discard Mortality Rates

The Council recommended that

revised assumed halibut mortality rates

developed by staff of the IPHC be

adopted for purposes of monitoring

halibut bycatch mortality limits

established for the 1998 GOA

groundfish fisheries. NMFS concurs in

the Council’s recommendation. Most of

the IPHC’s assumed mortality rates were

based on an average of mortality rates

determined from NMFS-observer data

collected during 1995 and 1996. For

fisheries where a steady trend from 1993

to 1996 towards increasing or

decreasing mortality rates was observed,

the IPHC recommended using the most

recent year’s rate. Rates for 1995 and

1996 were lacking for some fisheries, so

rates from the most recent years were

used. Most of the assumed mortality

rates recommended for 1998 differ

slightly from those used in 1997. The

recommended rates are the same as

1997 for all longline targeted fisheries,

except rockfish, for which the rate is

higher. The recommended rates for

longline targeted fisheries range from 9

to 24 percent. The recommended rates

are higher for all trawl targeted fisheries

and range from 57 to 73 percent. The

recommended rates are lower for all pottargeted fisheries at 14 percent. The

halibut mortality rates are listed in

Table 6.

The proposed mortality rates listed in

Table 6 are subject to change after the

Council considers an updated analysis

on halibut mortality rates in the

groundfish fisheries that IPHC staff are
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules 65651

scheduled to present to the Council at

the Council’s December 1997 meeting.

TABLE 6.—PROPOSED 1998 ASSUMED

PACIFIC HALIBUT MORTALITY RATES

FOR VESSELS FISHING IN THE GULF

OF ALASKA. TABLE VALUES ARE

PERCENT OF HALIBUT BYCATCH ASSUMED TO BE DEAD

Gear and target Percent

Hook-and-line:

Sablefish ................................ 24

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

Rockfish ................................. 9

Other species ........................ 12

Trawl:

Midwater pollock ................... 66

Rockfish ................................. 68

Shallow-water flatfish ............ 71

Pacific cod ............................. 67

Deep-water flatfish ................ 64

Bottom pollock ....................... 73

Atka mackerel ....................... 57

Flathead sole ......................... 67

Rex sole ................................ 69

Sablefish ................................ 67

Other species ........................ 67

Pot:

Pacific cod ............................. 14

Pollock ................................... 14

Other species ........................ 14

Classification

This action is authorized under 50

CFR 679.20 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 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 greater than

or equal to 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 generally 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 GOA groundfish

fishery is 1,492. Of these, about 200 vessels

used trawl gear to harvest GOA groundfish.

All participants in the GOA 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 the proposed specifications.

The only change in the proposed 1998 TAC

amounts relative to 1997 is a 25,620 mt

increase in the pollock TAC. No significant

changes in the socioeconomic condition of

the GOA 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 on a substantial

number of small entities 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. The proposed TAC increase for

GOA pollock would positively benefit trawl

catcher vessels that harvest this species.

Based on an exvessel price for GOA pollock

of $ 0.102 per lb as reported in the

preliminary 1998 Stock Assessment Fishery

Evaluation (SAFE) report dated September

1997 (See ADDRESSES), the potential

increased revenue to trawl catcher vessels is

$5.8 million, assuming all of the fish is

harvested and landed.

Based on 1996 data presented in the

preliminary 1998 SAFE report, the total

exvessel value of the GOA groundfish fishery

is estimated at $125.3 million. These

revenues are shared among small and large

sector entities. Based on the proposed

specifications, the value of the GOA fishery

is expected to remain at approximately this

level with no significant allocation shifts

between sectors, and for the reasons

presented above, these revenues are not

expected to be reduced significantly within

either sector. 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. In fact, a positive impact on small

entities would occur to the extent that TAC

amounts for pollock are increased. This

assessment will be reviewed again

subsequent to the Council’s final

recommendations for 1998 TAC amounts.

The final recommendations will be based on

new information on the status of GOA

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.

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. 97–32684 Filed 12–12–97; 8:45 am]

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