[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Proposed Rules]
[Pages 65638-65644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32681]


-----------------------------------------------------------------------

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

[[Page 65639]]

amount and apportionment thereof, one-fourth of each proposed PSC 
allowance established under Sec. 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 Sec. 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 (Sec. 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 
(Sec. 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.

[[Page 65640]]



 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\                
----------------------------------------------------------------------------------------------------------------
                                                                                                     Overfishing
               Species                         Area               ABC          TAC        ITAC \2\      level   
--------------------------------------------------------------------------------------------\3\-----------------
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
----------------------------------------------------------------------------------------------------------------
\1\ Amounts 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.                                                                               
\2\ Except 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 Sec.  679.31(a)(1)).                             
\3\ Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ  
  participants (see Sec.  679.31(c)). Regulations at Sec.  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 Sec.  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 Sec. 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 Sec. 679.2. The proposed 
1998 ITAC specifications are consistent with these requirements (Table 
2).

[[Page 65641]]



 Table 2.--Proposed Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts
                                                       \1\                                                      
----------------------------------------------------------------------------------------------------------------
                                                                                         Roe season    Non-roe  
                    Subarea and Component                         TAC          ITAC         \2\       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\ 
----------------------------------------------------------------------------------------------------------------
\1\ Based 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).                                        
\3\ September 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 one-half 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:

------------------------------------------------------------------------
                                                                 Pollock
                         BSAI subarea                           CDQ (MT)
------------------------------------------------------------------------
Bering Sea....................................................    84,750
Aleutian Islands..............................................     2,100
Bogoslof......................................................        75
Total.........................................................    86,925
------------------------------------------------------------------------

    Under regulations governing the CDQ program at Sec. 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 Sec. 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 (Sec. 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 Sec. 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 
Sec. 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          
----------------------------------------------------------------------------------------------------------------
                                                                           Seasonal apportionment \1\           
                Gear                  Percent TAC   Share ITAC -------------------------------------------------
                                                       (mt)              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                                                   
----------------------------------------------------------------------------------------------------------------
\1\ Any 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.                                   


[[Page 65642]]

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-and-line/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, hook-and-
line/pot gear 75 percent. In addition, regulations under Sec. 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                       
----------------------------------------------------------------------------------------------------------------
                                                               Percent of    Share of   Initial TAC             
                      Subarea and gear                            TAC        TAC (mt)     (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
----------------------------------------------------------------------------------------------------------------
\1\ Except 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.                                 
\2\ For 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 Sec. 679.21 (e)(1)(iii). 
For the BSAI trawl fisheries, the limit is 3,775 mt mortality of 
Pacific halibut (Sec. 679.21(e)(1)(iii)) and for non-trawl fisheries, 
the limit is 900 mt mortality (Sec. 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 
Sec. 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) 
(Sec. 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 Sec. 679.21(e)(1)(ii). In Zone 1, C. bairdi abundance is 
estimated at over 150 million to 270 million animals 
(Sec. 679.21(e)(1)(ii)(A)(2)). In Zone 2, C. bairdi abundance is 
estimated at over 175 million to 290 million animals 
(Sec. 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(Sec. 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

[[Page 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 legal-sized 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    
----------------------------------------------------------------------------------------------------------------
                                                      Prohibited species and zone          C. bairdi (animals)  
                                                ----------------------------------------------------------------
                                                                             Red King                           
                 Trawl fishers                     Halibut      Herring        Crab                             
                                                  mortality    (mt) BSAI    (animals)    Zone 1 \1\   Zone 2 \1\
                                                  (mt) BSAI                 Zone 1 \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.                                              
\2\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.                                      
\3\ Pollock other than midwater pollock, Atka mackerel, and ``other species'' fishery category.                 
\4\ Exempt.                                                                                                     

    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                         
------------------------------------------------------------------------
                                                                Assumed 
                           Fishery                             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

[[Page 65644]]

                                                                        
  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, not-for-
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