[Federal Register Volume 62, Number 32 (Tuesday, February 18, 1997)]
[Rules and Regulations]
[Pages 7168-7179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3952]



[[Page 7168]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 102296B]
RIN 0648-XX69


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Fishery of the Bering Sea and Aleutian Islands; Final 1997 Harvest 
Specifications for Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final 1997 specifications of groundfish and associated 
management measures; apportionment of reserves; closures and inseason 
adjustment.

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

SUMMARY: NMFS announces final 1997 harvest specifications of total 
allowable catches (TACs), initial apportionments of TACs for each 
category of groundfish, and associated management measures in the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to establish harvest limits and associated management 
measures for groundfish during the 1997 fishing year. NMFS is 
apportioning reserves to the initial TACs (ITACs) specified for certain 
species amounts to allow for full harvest opportunity of these TACs. 
NMFS is also closing fisheries and issuing an inseason adjustment as 
specified in the final 1997 groundfish specifications. These measures 
are intended to conserve and manage the groundfish resources in the 
BSAI.

EFFECTIVE DATES: The final 1997 harvest specifications and associated 
apportionment of reserves are effective at 1200 hrs, Alaska local time 
(A.l.t.), February 12, 1997 through 2400 hrs, A.l.t., December 31, 
1997, or until changed by subsequent notification in the Federal 
Register. The closures to directed fishing and inseason adjustment are 
effective 1200 hrs, A.l.t., February 12, 1997, through 2400 hrs, 
A.l.t., December 31, 1997. Comments on the apportionment of reserves 
and inseason adjustment must be submitted by February 27, 1997.

ADDRESSES: The final Environmental Assessment (EA) prepared for the 
1997 Total Allowable Catch Specifications may be obtained from the 
Fisheries Management Division, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Lori Gravel, or by calling 907-586-7229. 
Comments on the apportionment of reserves and inseason adjustment may 
be sent to Ronald J. Berg at the same address. The final 1997 Stock 
Assessment and Fishery Evaluation (SAFE) report, dated November 1996, 
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: Susan J. Salveson, NMFS, 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 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 
final specifications set forth in Tables 1-9 of this action satisfy 
these requirements. For 1997, the sum of TACs is 2 million mt.
    The proposed BSAI groundfish specifications and specifications for 
prohibited species bycatch allowances for the groundfish fishery of the 
BSAI were published in the Federal Register on November 26, 1996 (61 FR 
60076), and corrected on January 17, 1997 (62 FR 2719). Comments were 
invited through December 23, 1996. Two comments were received and are 
summarized and responded to below in the Response to Comments section. 
Public consultation with the Council occurred during the December 11-
15, 1996, Council meeting in Anchorage, AK. After considering public 
comments received, as well as biological and economic data that were 
available at the Council's December meeting, NMFS is implementing the 
final 1997 specifications as recommended by the Council.

Interim Specifications

    With the exception of hook-and-line and pot gear allocation of 
sablefish, regulations under Sec. 679.20(c)(2)(ii) authorize one-fourth 
of each proposed ITAC and apportionment thereof, one-fourth of each 
proposed PSC allowance, and the first proposed seasonal allowance of 
pollock to be in effect on January 1 on an interim basis and to remain 
in effect until superseded by final initial specifications. NMFS 
published the interim 1997 specifications in the Federal Register on 
November 26, 1996 (61 FR 60044), and corrected on January 16, 1997 (62 
FR 2445). The final 1997 initial groundfish harvest specifications and 
prohibited species bycatch allowances contained in this action 
supersede the interim 1997 specifications.

TAC Specifications and Acceptable Biological Catch (ABC)

    The specified TAC for each species is 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 their September and December 1996 meetings. This 
information was compiled by the Council's BSAI Groundfish Plan Team 
(Plan Team) and is presented in the final 1997 SAFE report for the BSAI 
groundfish fisheries, dated November 1996. 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. From these data and analyses, the Plan Team estimates an 
ABC for each species category.
    A summary of the preliminary ABCs for each species for 1997 and 
other biological data from the September 1996 draft SAFE report were 
provided in the discussion supporting the proposed 1997 specifications 
(61 FR 60076, November 26, 1996, and corrected at 62 FR 2719, January 
17, 1997). The Plan Team's recommended ABCs were reviewed by the SSC, 
AP, and Council at their September 1996 meetings. Based on the SSC's 
comments concerning technical methods and new biological data not 
available in September, the Plan Team revised its ABC recommendations 
in the final SAFE report, dated November 1996. The revised ABC 
recommendations were

[[Page 7169]]

again reviewed by the SSC, AP, and Council at their December 1996 
meetings. While the SSC endorsed most of the Plan Team's 
recommendations for 1997 ABCs set forth in the final SAFE report, the 
SSC recommended revisions to ABC amounts calculated for pollock in the 
Bogoslof District, Greenland turbot, and sablefish. These revisions, as 
well as a summary of the SSC's discussion on eastern Bering Sea 
pollock, are discussed below.
    Eastern Bering Sea pollock. The SSC concurred with the Plan Team's 
recommended 1997 ABC for eastern Bering Sea pollock (1.13 million mt). 
This recommendation was made after lengthy discussion about the 
desirability of reducing the Plan Team's recommended ABC to respond to 
concerns about future recruitment and potentially high fishing 
mortality of eastern Bering Sea pollock in Russian waters. The SSC's 
discussion focused on the following issues: (1) Choice of models used 
to estimate 1997 eastern Bering Sea stock biomass, (2) choice of 
fishing mortality rates upon which to base 1997 ABC, (3) the strengths 
and weaknesses of the Plan Team's forecast of incoming year-classes, 
(4) the effects of spatial and temporal distribution of fishing effort 
for pollock on the ecosystem, (5) the utility of foregoing catch from 
the upcoming harvest cycle, (6) impacts of Russian pollock harvests on 
the eastern Bering Sea stock, and (7) industry and conservation group 
recommendations for harvest levels in 1997.
    The SSC discussed the relative merits of lowering ABC to forego 
catch in 1997 as a means to promote improved future recruitment and/or 
provide additional fish in subsequent years. The SSC concluded that the 
high natural mortality rate of pollock would greatly diminish any 
foregone catch before it could contribute to the next spawning cycle or 
before it became vulnerable to the next fishing season. Furthermore, 
pollock recruitment is highly variable at all levels of spawning stock 
size, so the addition of a small increment in spawning biomass through 
foregone catch in 1997 likely would have no discernible impact on 
future recruitment. The SSC concluded that uncertainty in estimates of 
future recruitment is a function of a declining population biomass, 
variability in environmental conditions affecting young pollock, an 
unquantifiable level of removals of eastern Bering Sea pollock in 
Russian waters, and variability in the assumed linear relationship 
between age 1 pollock in the NMFS bottom trawl survey and recruitment 
at age 3. If pollock biomass continues to decline, fishing mortality 
will be adjusted downward for increasingly conservative management in 
future years. In 1997, data from a scheduled NMFS hydroacoustic trawl 
survey will be used to assess the status of this stock, as well as any 
necessary changes in its management for 1998.
    Bogoslof pollock. NMFS 1996 survey data are used to estimate the 
biomass of Bogoslof pollock at 682,000 mt, a significant reduction from 
the 1995 estimate of 1.1 million mt. The Plan Team recommended an ABC 
of 115,000 mt based on a fishing mortality rate of about 21 percent 
applied to a projected 1997 biomass of 558,000 mt. The SSC believed the 
Bogoslof ABC should be reduced by the ratio of current biomass to 
target biomass, where target biomass is assumed to be 2 million mt. 
Consequently, the SSC recommended a 1997 Bogoslof ABC of 32,100 mt. The 
corresponding overfishing level, 43,800 mt, is estimated using a 30-
percent exploitation rate adjusted by the ratio of current to target 
biomass.
    The Council recommended that pollock be closed to directed fishing 
in the Bogoslof District and that a TAC of 1,000 mt be established to 
provide for bycatch in other groundfish fisheries. This recommendation 
was intended to accommodate uncertainty about whether or not Bogoslof 
pollock are a distinct self-sustaining population or surplus fish from 
the shelf populations. The Council's TAC recommendation also addresses 
concerns about the potential impacts of undocumented fishing effort in 
the Russian zone on young pollock that are primarily considered to be 
of U.S. origin. The Council's TAC recommendation is adopted in these 
final specifications (Table 1).
    Greenland turbot. The Plan Team's ABC recommendation for Greenland 
turbot (16,800 mt) was based on a stock synthesis analysis of the 
status of this resource that is sensitive to the relative contributions 
of the longline and trawl fisheries to the total fishing mortality. In 
recent years, the longline fleet has taken about 80 percent of the 
total catch. Based on the assumption that the longline fleet will 
continue to take this proportion of total catch, the Plan Team 
recommended an ABC based on an exploitation rate of 0.346. However, the 
SSC asserted that difficulties exist in predicting the percentage of 
the total catch that trawl and longline gear will harvest and believed 
that a 50/50 split should be assumed in the development of ABC. This 
assumed split dictates an exploitation rate of 0.253, adjusted by a 
ratio of the current female spawning biomass and the B<INF>40% female 
spawning biomass (.94) as required under the Council's management 
strategy set out under Amendment 44 to the FMP. The application of this 
adjusted rate to the projected 1997 exploitable biomass results in an 
ABC of 14,400 mt. The declined status of this resource further prompted 
the SSC to recommend a phase in of the ABC over a 2-year period. 
Therefore, given that the ABC recommended by the SSC for this species 
in 1996 was 10,300 mt, the 1997 ABC suggested by the SSC is 12,350 mt.
    The SSC concurred with the Plan Team's recommendation that the ABC 
be split so that two-thirds of the TAC is apportioned to the Bering Sea 
subarea and one-third is apportioned to the Aleutian Islands subarea. 
The intent of this apportionment is to spread fishing effort over a 
larger area and to avoid localized depletion. Using the SSC's 
recommended total ABC, this apportionment scheme results in eastern 
Bering Sea and Aleutian Islands ABCs of 8,275 mt and 4,075 mt, 
respectively. The Council concurred with the SSC's recommendation for 
ABC and adopted a 9,000-mt TAC, as recommended by the AP, with 6,030 mt 
and 2,970 mt apportioned to the Bering Sea and Aleutian Islands 
subareas, respectively.
    Sablefish. The final 1997 SAFE report presents a revised assessment 
of exploitable biomass for BSAI and Gulf of Alaska sablefish that is 
higher relative to the preliminary assessment developed by the Plan 
Team in September 1996. This increase results from technical 
adjustments to the assessment model.
    Nonetheless, the model indicates a declining trend in biomass due 
to low recruitment since 1981. A significant chance exists that biomass 
will drop below the lowest observed levels (post 1979) by the year 
2001. The Plan Team's ABC recommendation, 3,060 mt for the combined 
Bering Sea and Aleutian Islands subareas, would result in an increase 
in actual exploitation rate. This fact, combined with 15 years of low 
recruitment prompted the SSC to defer to the NMFS stock assessment 
authors' more conservative recommendation for ABC; 1,308 mt for the 
eastern Bering Sea and 1,367 mt for the Aleutian Islands.
    The Council adopted the SSC's recommendations for the 1997 ABCs. 
The final ABCs are listed in Table 1.
    The Council adopted the AP's recommendations for TAC amounts. These 
recommendations were based on the final ABCs as adjusted for other 
biological and socioeconomic considerations, including maintaining the 
total TAC in the required OY range of 1.4-2.0 million mt. None of the 
Council's recommended TACs for 1997

[[Page 7170]]

exceeds the final 1997 ABC for any species category. Therefore, NMFS 
finds that the recommended TACs are consistent with the biological 
condition of groundfish stocks. The final TACs and overfishing levels 
for groundfish in the BSAI area for 1997 are given in Table 1 of this 
action.

Apportionment of TAC

    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 community development quota (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.
    Table 1 lists the final 1997 ABC, TAC, and ITAC amounts, 
overfishing levels, and initial apportionments of groundfish in the 
BSAI. The apportionment of reserves to certain species ITAC amounts, as 
well as the apportionment of TAC amounts among fisheries and seasons, 
are discussed below.

  Table 1.--Final 1997 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                            ABC             TAC          ITAC <SUP>2 <SUP>3          level    
----------------------------------------------------------------------------------------------------------------
Pollock:                                                                                                        
    Bering Sea (BS).............................       1,130,000       1,130,000         960,500       1,980,000
    Aleutian Islands (AI).......................          28,000          28,000          23,800          38,000
    Bogoslof District...........................          32,100           1,000             850          43,800
Pacific cod.....................................         306,000         270,000         229,500         418,000
Sablefish:                                                                                                      
    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..................................         233,000         230,000         195,500         339,000
Rock sole.......................................         296,000          97,185          82,607         427,000
Greenland turbot Total..........................          12,350           9,000           7,650          22,600
    BS..........................................           8,275           6,030           5,125  ..............
    AI..........................................           4,075           2,970           2,525  ..............
Arrowtooth flounder.............................         108,000          20,760          17,646         167,000
Flathead sole...................................         101,000          43,500          36,975         145,000
Other flatfish <SUP>4................................          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           5,431  ..............
        Central AI..............................           3,170           3,170           2,695  ..............
        Eastern AI..............................           3,240           3,240           2,754  ..............
Other red rockfish: <SUP>5 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 <SUP>6                                                                                                
    BS..........................................             373             373             317             497
    AI..........................................             714             714             607             952
Squid...........................................           1,970           1,970           1,675           2,620
Other Species <SUP>7.................................          25,800          25,800          21,930         138,000
                                                 ---------------------------------------------------------------
            Totals..............................       2,464,130       2,000,000       1,698,769      3,998,839 
----------------------------------------------------------------------------------------------------------------
<SUP>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.                                                                               
<SUP>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)).                             
<SUP>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.                                                                                     
<SUP>4 ``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species), flathead  
  sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.                                   
<SUP>5 ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.                                
<SUP>6 ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,  
  northern, shortraker, and rougheye.                                                                           
<SUP>7 ``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus.                  


[[Page 7171]]

Apportionment of Reserves

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that the ITACs specified for the following species need 
to be supplemented from the nonspecific reserve because U.S. fishing 
vessels have demonstrated the capacity to harvest the full TAC amounts: 
Pollock in the Bering Sea subarea, pollock in the Aleutian Islands 
subarea, Atka mackerel in the BSAI, Pacific ocean perch in the Aleutian 
Islands subarea, and Pacific cod in the BSAI. Initial TACs for these 
species have been supplemented from the nonspecific reserve during the 
past 5 years, and no reason exists to not make available the full TAC 
amounts for these species at the beginning of the fishing year to 
enhance the ability of the industry to plan accordingly. During its 
December 1996 meeting, the Council specifically received testimony from 
representatives for the Pacific cod industry to release reserves at the 
beginning of the year and in a manner that complies with the 
apportionment of the initial ITAC (see below).
    Therefore, in accordance with Sec. 679.20(b)(3), NMFS is 
apportioning amounts from the reserve necessary to increase the initial 
TAC to the full TAC amount for the following species, except for 
pollock, where the TAC still is reduced by 7.5 percent to provide for 
the CDQ reserve.

------------------------------------------------------------------------
                                                          Reserve amount
                Species--area or subarea                       (mt)     
------------------------------------------------------------------------
Pollock--Bering Sea.....................................          84,750
Pollock--Aleutian Is....................................           2,100
Atka Mackerel--Western Aleutian Is......................           4,830
Atka Mackerel--Central Aleutian Is......................           2,925
Atka mackerel--Eastern Aleutian Is. and Bering Sea                      
 Subarea................................................           2,250
Pacific Ocean perch--Western Aleutian Is................             959
Pacific Ocean perch--Central Aleutian Is................             475
Pacific Ocean perch--Eastern Aleutian Is................             486
Pacific cod--BSAI.......................................          40,500
                                                         ---------------
      Total.............................................         139,275
------------------------------------------------------------------------

    This apportionment of reserve is consistent with Sec. 679.20(b)(3). 
If applicable, these TACs are apportioned among seasons or gear types 
as authorized below.

Seasonal Allowances of Pollock TACs

    Under Sec. 679.20(a)(5)(i)(A), the pollock TAC for each subarea or 
district of the BSAI is divided, after subtraction of reserves 
(Sec. 679.20(b)(1)), into two seasonal allowances. The first allowance 
is available for directed fishing from January 1 to April 15 (roe 
season) and the second allowance is available from September 1 until 
November 1 (non-roe season).
    The Council recommended that the seasonal allowances for the Bering 
Sea pollock roe and non-roe seasons be specified at 45 percent and 55 
percent of the TAC amounts, respectively (Table 2). These percentages 
are unchanged since 1993. As in past years, the pollock TAC amounts 
specified for the Aleutian Islands subarea and the Bogoslof District 
are not seasonally apportioned.
    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

    Regulations at Sec. 679.20(a)(6)(i) require that the pollock TAC 
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 1997 TAC 
specifications are consistent with these requirements (Table 2).

 Table 2.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts \1\ \2\ 
----------------------------------------------------------------------------------------------------------------
                                                                                                  Non-roe season
                     Subarea                            TAC          ITAC \3\     Roe season \4\        \5\     
----------------------------------------------------------------------------------------------------------------
Bering Sea:                                                                                                     
    Inshore.....................................  ..............         365,837         164,627         201,210
    Offshore....................................  ..............         679,413         305,736         373,677
                                                       1,130,000       1,045,250         470,363         574,887
Aleutian Islands:                                                                                               
    Inshore.....................................  ..............           9,065           9,065             (<SUP>6)
    Offshore....................................  ..............          16,835          16,835             (<SUP>6)
                                                          28,000          25,900          25,900             (<SUP>6)
Bogoslof District:                                                                                              
    Inshore.....................................  ..............             298             298             (<SUP>6)
    Offshore....................................  ..............             552             552             (<SUP>6)
                                                           1,000             850             850            (<SUP>6) 
----------------------------------------------------------------------------------------------------------------
\1\ TAC = total allowable catch.                                                                                
\2\ Based on an offshore component allocation of 65 percent (ITAC) and an inshore component allocation of 35    
  percent (ITAC).                                                                                               
\3\ ITAC = initial TAC = 85 percent of TAC for the Bogoslof District and 92.5 percent of TAC for the Bering Sea 
  and Aleutian Islands subareas. The ITAC for the Bering Sea and Aleutian Islands subareas reflects the         
  apportionment of nonspecified reserve amounts.                                                                

[[Page 7172]]

                                                                                                                
\4\ January 1 through April 15--based on a 45/55 split (roe = 45 percent). Up to 100 percent of the ITAC        
  specified for the Aleutian Islands subarea and the Bogoslof District may be harvested during the roe season.  
\5\ September 1 until November 1--based on a 45/55 split (non-roe = 55 percent).                                
\6\ Remainder.                                                                                                  

Apportionment of the Pollock TAC to the Western Alaska Community 
Development Quota

    Regulations at Sec. 679.31(a)(1) require 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 1997 CDQ reserve amounts for each subarea are as follows:

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

    Under regulations governing the CDQ program at subpart C of part 
679, NMFS may allocate the 1997 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). Table 3 lists the 
approved CDP recipients, and each recipient's allocation of the 1997 
pollock CDQ reserve for each subarea.

 Table 3.--Approved Shares (Percentages) and Resulting Allocations and Seasonal Allowances (Metric Tons) of the 
 1997 Pollock CDQ Reserve Specified for the Bering Sea (BS) and Aleutian Islands (AI) Subareas, and the Bogoslof
                                   District (BD) among Approved CDP Recipients                                  
----------------------------------------------------------------------------------------------------------------
                                                                                                    Roe-season  
              CDP recipient                   Percent              Area             Allocation      allowance <SUP>1 
----------------------------------------------------------------------------------------------------------------
Aleutian Pribilof Island Community                    16  BS                              13,560           6,102
 Development Assn.                                                                                              
                                                          AI                                 336             336
                                                          BD                                  12              12
      Total.............................  ..............  ......................          13,908           6,450
Bristol Bay Economic Development Corp...              20  BS                              16,950           7,627
                                                          AI                                 420             420
                                                          BD                                  15              15
      Total.............................  ..............  ......................          17,385           8,062
Central Bering Sea Fishermen's Assn.....               4  BS                               3,390           1,526
                                                          AI                                  84              84
                                                          BD                                   3               3
      Total.............................  ..............  ......................           3,477           1,613
Coastal Villages Fishing Coop...........              25  BS                              21,188           9,535
                                                          AI                                 525             525
                                                          BD                                  19              19
      Total.............................  ..............  ......................          21,732          10,079
Norton Sound Fisheries Development Corp.              22  BS                              18,645           8,390
                                                          AI                                 462             462
                                                          BD                                  16              16
      Total.............................  ..............  ......................          19,123           8,868
Yukon Delta Fisheries Development Corp..              13  BS                              11,017           4,958
                                                          AI                                 273             273
                                                          BD                                  10              10
      Total.............................  ..............  ......................          11,300           5,241
                                         ----------------                        -------------------------------
      Total.............................             100  ......................          86,925         40,313 
----------------------------------------------------------------------------------------------------------------
\1\ No more than 45 percent of a CDP recipient's 1997 Bering Sea pollock allocation may be harvested during the 
  pollock roe season, January 1 through April 15. Up to 100 percent of a recipient's 1997 Aleutian Islands or   
  Bogoslof District pollock allocation may be harvested during this time period.                                

Allocation of the Pacific Cod TAC

    Under Sec. 679.20(a)(7), 2 percent of the Pacific cod TAC 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)).
    At its December 1996 meeting, the Council recommended seasonal 
allowances of the portion of the Pacific cod TAC allocated to vessels 
using hook-and-line or pot gear. Seasonal allowances are authorized 
under Sec. 679.20(a)(7)(iv) for the following three time periods: 
January 1 through April 30; May 1 through August 31; and September 1 
through December 31. The intent of the seasonal allowances is 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 allowances are based on: (1) 
Seasonal distribution of Pacific cod relative to prohibited species 
distributions, (2)

[[Page 7173]]

variations in prohibited species bycatch rates experienced 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. Regulations at Sec. 679.20(a)(7)(iv)(C) authorize NMFS, 
after consultation with the Council, to determine the manner in which 
an unused portion of a seasonal allowance of Pacific cod will be 
reapportioned to remaining seasons during the same fishing year. 
Accordingly, the Council recommmended that any unused portion of the 
first seasonal Pacific cod allowance specified for the Pacific cod 
hook-and-line or pot gear fishery be reapportioned to the third 
seasonal allowance. NMFS concurs with this recommendation. The gear 
allocations and associated seasonal allowances of the Pacific cod TAC 
are specified in Table 4.

                                                 Table 4.--1997 Gear Shares of the BSAI Pacific Cod TAC                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Seasonal apportionment                         
                      Gear                        Percent TAC  Share TAC (mt) --------------------------------------------------------------------------
                                                                                                   Date                        Percent      Amount (mt) 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jig.............................................            2           5,400  Jan. 1-Dec. 31..............................          100           5,400
Hook-and-line and pot gear......................           51         137,700  Jan. 1-Apr. 30..............................           73     \1\ 100,521
                                                                               May 1-Aug. 31...............................           23          31,671
                                                                               Sep. 1-Dec. 31..............................            4           5,508
Trawl gear \2\:                                                                                                                                         
Total...........................................           47         126,900  Jan. 1-Dec. 31..............................          100         126,900
    Catcher vessel..............................                       63,450                                                                           
    Catcher/processor...........................                       63,450                                                                           
                                                 ------------------------------                                                                         
        Total...................................          100        270,000                                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line or pot gear fishery will be reapportioned
  to the third seasonal allowance                                                                                                                       
\2\ The portion of the Pacific cod TAC allocated to trawl gear is apportioned 50 percent to catcher vessels and 50 percent to catcher/processors under  
  Sec.  679.20(a)(7)(i)(B).                                                                                                                             

Sablefish Gear Allocation and CDQ Allocations for Sablefish

    Regulations at Sec. 679.20(a)(4) require that 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 sablefish TAC and CDQ reserve amounts are specified 
in Table 5.

                        Table 5.--1997 Gear Shares and CDQ Reserve of BSAI Sablefish TACS                       
----------------------------------------------------------------------------------------------------------------
                                                               Percent of    Share of   Initial TAC             
               Subarea                         Gear             TAC (mt)     TAC (mt)       (mt)     CDQ reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea..........................  Trawl.................           50          550          468          N/A
                                      Hook-and-line/pot gear           50          550          N/A          110
                                       <SUP>2.                                                                       
                                                             ---------------------------------------------------
      Total.........................  ......................  ...........        1,100          468          110
                                                             ===================================================
Aleutian Islands....................  Trawl.................           25          300          255          N/A
                                      Hook-and-line/pot gear           75          900          N/A          180
                                       <SUP>2.                                                                       
                                                             ---------------------------------------------------
      Total.........................  ......................  ...........        1,200          255         180 
----------------------------------------------------------------------------------------------------------------
<SUP>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.                                 
<SUP>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. Regulations at Sec.  679.20(b)(1) do 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 1997 sablefish CDQ reserve to 
eligible Western Alaska communities or groups of communities that have 
an approved CDP. NMFS has approved seven CDPs and associated 
percentages of the sablefish CDQ reserve for each CDP recipient for 
1995-97 (59 FR 61877, December 2, 1994). Table 6 lists the approved CDP 
recipients and each recipient's allocation of the 1997 sablefish CDQ 
reserve for each subarea.

 Table 6.--Approved Shares (Percentages) and Resulting Allocations (mt) 
 of the 1997 Sablefish CDQ Reserve Specified for the Bering Sea (BS) and
      Aleutian Islands (AI) Subareas Among Approved CDP Recipients      
------------------------------------------------------------------------
                                                            Allocation  
   Sablefish CDP recipient       Area         Percent          (mt)     
------------------------------------------------------------------------
Atka Fishermen's Association  BS                       0               0

[[Page 7174]]

                                                                        
                              AI                       0               0
Bristol Bay Economic          BS                       0               0
 Development Corp..                                                     
                              AI                      25              45
Coastal Villages Fishing      BS                       0               0
 Cooperative.                                                           
                              AI                      25              45
Norton Sound Economic         BS                      25              28
 Development Corporation.                                               
                              AI                      30              54
Pribilof Island Fishermen...  BS                       0               0
                              AI                       0               0
Yukon Delta Fisheries         BS                      75              82
 Development Association.                                               
                              AI                      10              18
Aleutian Pribilof Islands     BS                       0               0
 Community Development                                                  
 Association.                                                           
                              AI                      10              18
                                         -------------------------------
      Total.................  BS                     100             110
                              AI                     100             180
------------------------------------------------------------------------

Allocation of Prohibited Species Catch (PSC) Limits for Crab, 
Halibut, and Herring

    PSC limits of C. bairdi Tanner crab in Bycatch Limitation Zones (50 
CFR 679.2) of the Bering Sea subarea and for Pacific halibut throughout 
the BSAI are established under Sec. 679.21(e) as follows:

--Zone 1 trawl fisheries, 1 million C. bairdi Tanner crabs;
--Zone 2 trawl fisheries, 3 million C. bairdi Tanner crabs;
--BSAI trawl fisheries, 3,775 mt mortality of Pacific halibut;
--BSAI nontrawl fisheries, 900 mt mortality of Pacific halibut;

    Regulations at Sec. 679.21(e) also require that a PSC limit for red 
king crab in Zone 1 and for Pacific herring in the BSAI be specified 
annually based on abundance and spawning biomass criteria. Under new 
regulations implementing Amendment 37 to the FMP (61 FR 65985, December 
16, 1996), the 1997 red king crab PSC limit in zone 1 is 100,000 crab 
based on the following criteria set out at Sec. 679.21(e)(1)(i)(B): The 
number of mature female red king crab is above the threshold of 8.4 
million mature crab and the effective spawning biomass is greater than 
14.5 but less than 55 million lbs (24,948 mt). Based on a length-based 
analysis of NMFS 1996 trawl survey data, the Alaska Department of Fish 
and Game (ADF&G) estimates the abundance of mature females is 10.2 
million crab and effective spawning biomass is 20.3 million lbs (9,206 
mt).
    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)(v)). The best estimate of 
1997 herring biomass is 157,887 mt. This amount was derived using 1996 
survey data and an age-structured biomass projection model developed by 
ADF&G. Therefore, the herring PSC limit for 1997 is 1,579 mt.
    The C. bairdi PSC limits currently established in regulations are 
subject to change pending the approval of Amendment 41 to the FMP 
adopted by the Council at its September 1996 meeting. A proposed rule 
to implement Amendment 41 was published in the Federal Register on 
January 2, 1997 (62 FR 85). Based on the proposed rule and pending 
approval of Amendment 41 by NMFS, the 1997 C. bairdi PSC limit in Zones 
1 and 2 would be adjusted downward to 750,000 crab and 2,100,000 crab, 
respectively. If Amendment 41 is not approved, the C. bairdi PSC limits 
will remain unchanged. At its December 1996 meeting, the Council also 
adopted a new PSC limit for C. opilio Tanner crab. NMFS anticipates 
that a proposed rule, as well as a proposed 1997 PSC limit for C. 
opilio crab, will be published in the Federal Register for public 
review and comment by March 1997.
    Regulations under Sec. 679.21(e)(3) authorize the apportionment of 
each PSC limit into PSC allowances for specified fishery categories. 
Regulations at Sec. 679.21(e)(3)(iv) specify seven trawl fishery 
categories (midwater pollock, Greenland turbot/arrowtooth flounder/
sablefish, rock sole/flathead sole/other flatfish, yellowfin sole, 
rockfish, Pacific cod, and bottom pollock/Atka mackerel/``other 
species''). Regulations at Sec. 679.21(e)(4)(ii) authorize the 
apportionment of the nontrawl halibut PSC limit among five fishery 
categories (Pacific cod hook-and-line, sablefish hook-and-line, 
groundfish pot gear, groundfish jig gear, and other nontrawl fishery 
categories). The fishery bycatch allowances for the trawl and nontrawl 
fisheries are listed in Table 7.
    Regulations at Sec. 679.21(e)(3)(ii)(B) require that an amount of 
the red king crab PSC limit be specified for the red king crab savings 
subarea (RKCSS), defined at Sec. 679.21(e)(3)(ii)(B)(1), if the subarea 
is open to fishing by vessels using nonpelagic trawl gear. Under 
provisions of these regulations, the RKCSS will be open to fishing with 
nonpelagic trawl gear in 1997 because ADF&G had established a 1996 
guideline harvest level for the commercial red king crab fishery in 
Bristol Bay. Consistent with Sec. 679.21(e)(3)(ii)(B)(2), the red king 
crab bycatch allowance specified for the RKCSS is an amount equal to 35 
percent of the red king crab bycatch allowance recommended by the 
Council for the rock sole/flathead sole/other flatfish fishery category 
(75,000 crab), or 26,250 crab. The bycatch allowance specified in Table 
7 for the rock sole/flathead sole/other flatfish fishery category is 
reduced correspondingly to 48,750 crab. When the total number of red 
king crab taken by trawl vessels fishing in the RKCSS reaches the 
specified bycatch allowance, further directed fishing for groundfish in 
the RKCSS by vessels using nonpelagic trawl gear will be prohibited.
    The fishery bycatch allowances listed in Table 7 reflect the 
recommendations made to the Council by its AP. With the exception of 
the red king crab bycatch allowance specified for the RKCSS, these 
recommendations generally reflect those established for 1996. The 
prohibited species bycatch allowances primarily were based on 1996 
bycatch amounts, anticipated 1997 harvest of groundfish by trawl gear 
and fixed gear,

[[Page 7175]]

and assumed halibut mortality rates in the different groundfish 
fisheries.
    Regulations at Sec. 679.21(e)(4)(i) allow NMFS to exempt specified 
nontrawl fisheries from the halibut PSC limit. As in 1995 and 1996, the 
Council recommended that the pot gear, jig gear, and sablefish hook-
and-line gear fishery categories be exempt from the halibut bycatch 
restrictions.
    The Council recommended that the pot and jig gear fisheries be 
exempt from halibut-bycatch restrictions because these fisheries use 
selective gear types that experience low halibut bycatch mortality. In 
1996, total groundfish catch for the pot gear fishery in the BSAI was 
approximately 33,841 mt with an associated halibut bycatch mortality of 
about 21 mt. The 1996 groundfish jig gear fishery harvested about 264 
mt of groundfish. The jig gear fleet is comprised 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 1995 and 1996, 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. The best available information on the 1995 sablefish 
IFQ fishery indicates that less than 40 mt of halibut discard mortality 
was associated with this fishery. An estimate of halibut bycatch 
mortality associated with the 1996 sablefish IFQ fishery is not 
available. Nonetheless, no reason exists to suggest the 1996 bycatch 
mortality in this fishery differed significantly from that estimated 
for 1995.

 Table 7.--Final 1997 Prohibited Species Bycatch Allowances for the BSAI
                      Trawl and Nontrawl Fisheries                      
------------------------------------------------------------------------
                                        Zone 1      Zone 2     BSAI-wide
------------------------------------------------------------------------
           Trawl fisheries                                              
                                                                        
Red king crab, number of animals:                                       
    Yellowfin sole..................      10,000  ..........  ..........
    Rock sole/flathead sole/other                                       
     flatfish.......................      48,750  ..........  ..........
    Greenland turbot/arrowtooth/                                        
     sablefish......................           0  ..........  ..........
    Rockfish........................           0  ..........  ..........
    Pacific cod.....................       7,500  ..........  ..........
    Pollock/Atka mackerel/other                                         
     species........................       7,500  ..........  ..........
    Red king crab savings subarea                                       
     \1\............................      26,250  ..........  ..........
                                     -----------------------------------
        Total.......................     100,000  ..........  ..........
C. Bairdi tanner crab, number of                                        
 animals:                                                               
    Yellowfin sole..................     368,421   1,530,000  ..........
    Rock sole/flathead sole/other                                       
     flatfish.......................     394,736     510,000  ..........
    Greenland turbot/arrowtooth/                                        
     sablefish......................           0           0  ..........
    Rockfish........................           0      10,000  ..........
    Pacific cod.....................     177,632     278,571  ..........
    Pollock/Atka mackerel/other                                         
     species........................      59,211     671,429  ..........
                                     -----------------------------------
        Total.......................   1,000,000   3,000,000  ..........
Pacific halibut, mortality (MT):                                        
    Yellowfin sole..................  ..........  ..........         930
    Rock sole/flathead sole/other                                       
     flatfish.......................  ..........  ..........         795
    Greenland turbot/arrowtooth/                                        
     sablefish......................  ..........  ..........           0
    Rockfish........................  ..........  ..........         100
    Pacific cod.....................  ..........  ..........       1,600
    Pollock/Atka mackerel/other                                         
     species........................  ..........  ..........         350
                                     -----------------------------------
        Total.......................  ..........  ..........       3,775
Pacific herring (MT):                                                   
    Midwater pollock................  ..........  ..........       1,142
    Yellowfin sole..................  ..........  ..........         267
    Rock sole/flathead sole/other                                       
     flatfish.......................  ..........  ..........           0
    Greenland turbot/arrowtooth/                                        
     sablefish......................  ..........  ..........           0
    Rockfish........................  ..........  ..........           7
    Pacific cod.....................  ..........  ..........          20
    Pollock/Atka mackerel/other                                         
     species........................  ..........  ..........         143
                                     -----------------------------------
        Total.......................  ..........  ..........       1,579
                                                                        
         Nontrawl Fisheries                                             
                                                                        
Pacific halibut, mortality (MT):                                        
    Pacific cod hook-and-line.......  ..........  ..........         840
    Sablefish hook-and-line.........  ..........  ..........       (\2\)
    Groundfish pot gear.............  ..........  ..........       (\2\)
    Groundfish jig gear.............  ..........  ..........       (\2\)
    Other nontrawl..................  ..........  ..........          60
                                     -----------------------------------

[[Page 7176]]

                                                                        
        Total.......................  ..........  ..........        900 
------------------------------------------------------------------------
\1\ The red king crab savings subarea is defined at Sec.                
  679.21(e)(3)(ii)(B) as the portion of the red king crab savings area  
  between 56 deg.00' and 56 deg.10' N. lat. The amount of the red king  
  crab bycatch limit specified for this area under Sec.                 
  679.21(e)(3)(ii)(B)(2) is not designated by fishery and, when reached,
  will result in closure of the subarea to directed fishing for         
  groundfish with nonpelagic gear (Sec.  679.21(e)(7)(ii)(B)).          
\2\ Exempt.                                                             

Seasonal Apportionments of PSC limits

    Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation 
with the Council, to establish seasonal apportionments of prohibited 
species bycatch allowances. At its December 1996 meeting, the Council 
recommended that the trawl fishery halibut bycatch allowances, and the 
halibut bycatch allowance apportioned to the Pacific cod hook-and-line 
gear fishery be seasonally apportioned as shown in Table 8. The 
recommended seasonal apportionments reflect recommendations made to the 
Council by its AP.
    The Council recommended seasonal apportionments of the halibut 
bycatch allowances specified for the trawl flatfish and rockfish 
fisheries to provide additional fishing opportunities in the BSAI early 
in the year and to reduce the incentive for trawl vessel operators to 
move from the BSAI to the Gulf of Alaska after the rock sole roe 
fishery is closed, typically by early March.
    The recommended seasonal apportionment of the halibut bycatch 
allowance for the pollock/Atka mackerel/''other species'' fishery 
category is based on the seasonal allowances of the Bering Sea pollock 
TAC recommended for the roe and non-roe seasons. Although most of the 
pollock harvested during the roe season will be taken with pelagic 
trawl gear and low halibut bycatch rates, any unused halibut bycatch 
mortality apportioned to the roe season will be available after the roe 
season.
    The Council recommended three seasonal apportionments of the 
halibut bycatch allowance specified for the Pacific cod hook-and-line 
fishery. The intent of this recommendation was to provide amounts of 
halibut necessary to support the harvest of the seasonal apportionments 
of Pacific cod TAC listed in Table 4, as well as limit a hook-and-line 
fishery for Pacific cod during summer months when halibut bycatch rates 
are high. The third seasonal allowance of halibut bycatch mortality 
will become available September 15, even though the third seasonal 
allowance of Pacific cod specified for this fishery is available 
September 1 (Table 4). This means that directed fishing for the third 
seasonal allowance of Pacific cod by vessels using hook-and-line gear 
will be prohibited until September 15. The intent of the Council's 
recommendation was to limit fishing for Pacific cod by vessels using 
hook-and-line gear during summer months, including the first half of 
September, when halibut bycatch rates are relatively high. As 
authorized under Sec. 679.21(e)(5)(iv), the Council further recommended 
that any unused portion of the first seasonal halibut bycatch allowance 
specified for the Pacific cod hook-and-line fishery be reapportioned to 
the third seasonal allowance to avoid opportunity for additional 
fishing for Pacific cod until September 15. The Council further 
recommended that any overage of a halibut bycatch allowance would be 
deducted from the remaining seasonal bycatch allowances specified for 
1997 in amounts proportional to those remaining seasonal bycatch 
allowances.

   Table 8.--Final Seasonal Apportionments of the 1997 Pacific Halibut  
      Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries     
------------------------------------------------------------------------
                                                                Pacific 
                                                                halibut 
                                                                seasonal
------------------------------------------------------------------------
           Trawl Fisheries Bycatch Allowances (mt)                      
                                                                        
Yellowfin sole:                                                         
  Jan. 20-Mar. 31............................................        210
  Apr. 01-May 10.............................................        210
  May 11-Aug. 14.............................................        100
  Aug. 15-Dec. 31............................................        410
                                                              ----------
    Total....................................................        930
Rock sole/flathead sole/``other flatfish'':                             
  Jan. 20-Mar. 31............................................        485
  Apr. 01-Jun. 30............................................        130
  Jul. 01-Dec. 31............................................        180
                                                              ----------
    Total....................................................        795
Rockfish:                                                               
  Jan. 20-Mar. 31............................................         30
  Apr. 01-Jun. 30............................................         45
  Jul. 01-Dec. 31............................................         25
                                                              ----------
    Total....................................................        100
Pacific cod:                                                            
  Jan. 20-Dec. 31............................................      1,600
Pollock/Atka mackerel/``other species'':                                
  Jan. 20-Apr. 15............................................        300
  Apr. 16-Dec. 31............................................         50
                                                              ----------
    Total....................................................        350
                                                                        
                        Non-Trawl Gear                                  
                                                                        
Pacific cod hook-and-line: \1\                                          
  Jan. 01-Apr. 30............................................        495
  May 01-Sep. 14.............................................         40
  Sep. 15-Dec. 31............................................        305
                                                              ----------
    Total....................................................        840
Other nontrawl:                                                         
  Jan. 01-Dec. 31............................................        60 
------------------------------------------------------------------------
\1\ Any unused portion of the first seasonal halibut bycatch allowance  
  specified for the Pacific cod hook-and-line fishery will be           
  reapportioned to the third seasonal allowance. Any overage of a       
  seasonal halibut bycatch allowance would be deducted from the         
  remaining seasonal bycatch allowances specified for 1997 in amounts   
  proportional to those remaining seasonal bycatch allowances.          

    For purposes of monitoring the fishery halibut bycatch mortality 
allowances and apportionments, the Regional Administrator will use 
observed halibut bycatch 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 final annual SAFE report.
    With one exception, the Council recommended that the assumed 
halibut mortality rates developed by staff of the International Pacific 
Halibut Commission (IPHC) for the 1997 BSAI groundfish fisheries be 
adopted for purposes of monitoring halibut bycatch allowances 
established for the 1997

[[Page 7177]]

groundfish fisheries. The IPHC's assumed halibut mortality rates 
generally are based on an average of mortality rates determined from 
NMFS observer data collected during 1994 and 1995. Assumed Pacific 
halibut mortality rates for BSAI fisheries during 1997 are specified in 
Table 9.
    For the Pacific cod hook-and-line gear fishery, the Council 
recommended an assumed rate of 11.5 percent (the rate used in 1996) 
until such time in 1997 that the IPHC completes an analysis of 1996 
observer data on halibut mortality rates in this fishery. The rate 
recommended by IPHC staff based on 1994 and 1995 observer data was 14 
percent. The Council's recommendation was made in response to public 
testimony that the 1996 mortality rates improved substantially from 
earlier years due to a voluntary information program developed by the 
Pacific cod hook-and-line gear fleet to reduce halibut bycatch discard 
mortality rates. The Council further recommended that once the IPHC's 
analysis of 1996 data is complete, NMFS publish a notice in the Federal 
Register to change the assumed mortality rate for the Pacific cod hook-
and-line fishery to reflect the 1996 observed mortality rate. NMFS 
concurs with the Council's recommendation.

Table 9.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
                               During 1997                              
------------------------------------------------------------------------
                                                               Assumed  
                          Fishery                             mortality 
                                                              (percent) 
------------------------------------------------------------------------
Hook-and-line gear fisheries:                                           
  Rockfish.................................................         15  
  Pacific cod..............................................         11.5
  Greenland turbot.........................................         11  
  Sablefish................................................         29  
Trawl gear fisheries:                                                   
  Midwater pollock.........................................         79  
  Nonpelagic pollock.......................................         76  
  Yellowfin sole...........................................         79  
  Rock sole................................................         73  
  Flathead sole............................................         65  
  Other flatfish...........................................         65  
  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  
------------------------------------------------------------------------

Closures to Directed Fishing and Inseason Adjustment

    Under Sec. 679.20(d), if the Regional Administrator determines that 
the amount of a target species or ``other species'' category 
apportioned to a fishery or, with respect to pollock, to an inshore or 
offshore component allocation, is likely to be reached, the Regional 
Administrator may establish a directed fishing allowance for the 
species or species group. If the Regional Administrator established a 
directed fishing allowance, and that allowance is or will be reached 
before the end of the fishing year, NMFS will prohibit directed fishing 
for that species or species group in the specified subarea or district. 
Similarly, under Secs. 679.21(e)(7) and 679.21(e)(8), if the Regional 
Administrator determines that a fishery category's bycatch allowance of 
halibut, Pacific herring, red king crab, or C. bairdi Tanner crab for a 
specified area has been reached, the Regional Administrator will 
prohibit directed fishing for each species in that category in the 
specified area.
    The Regional Administrator has determined that the TAC amounts of 
pollock in the Bogoslof District, Pacific ocean perch in the Bering Sea 
subarea, shortraker/rougheye rockfish in the Aleutian Islands subarea, 
sharpchin/northern rockfish in the Aleutian Islands subarea, other red 
rockfish in the Bering Sea subarea and other rockfish in the Bering Sea 
and Aleutian Islands subareas will be necessary as incidental catch to 
support other anticipated groundfish fisheries. Therefore, NMFS is 
prohibiting directed fishing for these target species in the specified 
area identified in Table 10 to prevent exceeding the groundfish TACs 
specified in Table 1 of this document.
    A Zone 1 red king crab bycatch allowance of zero crab is specified 
for the rockfish trawl fishery, which is defined at 
Sec. 679.21(e)(3)(iv)(D). Similarly, the BSAI halibut bycatch allowance 
specified for the Greenland turbot/arrowtooth flounder/sablefish trawl 
fishery category, defined at Sec. 679.21(e)(3)(iv)(C), is 0 mt. The 
BSAI herring bycatch allowance specified for the rock sole/flathead 
sole/other flatfish trawl fishery category, defined at 
Sec. 679.21(e)(3)(iv)(B)(2), also is 0 mt. The Regional Administrator 
has determined, in accordance with Secs. 679.21(e)(7)(ii), 
679.21(e)(7)(iv), and Sec. 679.21(e)(7)(v) that the red king crab 
bycatch allowance specified for the trawl rockfish fishery in Zone 1, 
the halibut bycatch allowance specified for the Greenland turbot/
arrowtooth flounder/sablefish trawl fishery category, and the Pacific 
herring bycatch allowance specified for the rock sole/flathead sole/
other flatfish trawl fishery category have been caught. Therefore, NMFS 
is prohibiting directed fishing for rockfish in Zone 1 by vessels using 
trawl gear; for Greenland turbot, arrowtooth flounder, and sablefish in 
the BSAI by vessels using trawl gear; and for rock sole, flathead sole, 
and other flatfish in the Herring Savings Area defined at Sec. 679.2 
(See Table 10.).
    NMFS issues an inseason adjustment closing the RKCSS to directed 
fishing for groundfish by vessels using nonpelagic trawl gear. This 
action is necessary to prevent exceeding the 1997 red king crab bycatch 
allowance specified for the RKCSS. The groundfish fishery by vessels 
using trawl gear in the BSAI began January 20, 1997. Vessels fishing 
for groundfish with nonpelagic trawl gear in Zone 1 south of 56 degrees 
North latitude, the southern boundary of the red king crab savings 
area, experienced high bycatch rates of red king crab, taking an 
estimated 27,000 animals in three days. Historical data show that 
bycatch rates of red king crab by vessels fishing for groundfish with 
nonpelagic trawl gear increase with increasing latitude in the red king 
crab savings area. If groundfish were available to vessels using 
nonpelagic trawl gear in the RKCSS for a minimum time period, NMFS 
anticipates that effort by those vessels would be substantial, 
resulting in the allowance of 26,250 red king crab being exceeded. This 
allowance is not expected to sustain the fishery although it is the 
maximum amount allowed under Sec. 679.21(e)(3)(ii)(B)(2).
    In accordance with Sec. 679.25(a)(2)(i)(B), NMFS has determined 
that the red king crab for the red king crab bycatch allowance 
specified for the RKCSS will not adequately provide for nonpelagic 
trawl gear fishing operations in the subarea. Therefore, in accordance 
with Sec. 679.25(a)(1)(i) and (a)(2)(i), the Regional Administrator has 
determined that closing the RKCSS to directed fishing for groundfish by 
vessels using nonpelagic trawl gear is necessary to prevent exceeding 
the red king crab bycatch allowance specified for the subarea and is 
the least restrictive measure to achieve that purpose. Without this 
prohibition of fishing, red king crab bycatch in excess of the 
allowance specified for the RKCSS would occur.
    Under authority of the Interim 1997 Specifications (61 FR 60044, 
November 26, 1996), NMFS closed directed fishing for atka mackerel in 
the Eastern Aleutian District and the Bering Sea Subarea of the BSAI 
effective 1200 hrs, A.l.t., February 4, 1997, through 2400 hrs, A.l.t., 
December 31, 1997 (62 FR 5781, February 7, 1997). The amount of TAC 
remaining under the final specifications of groundfish following 
closure under the interim specifications will be used as incidental 
catch in directed fishing for other species in the

[[Page 7178]]

Eastern Aleutian District and Bering Sea Subarea. In accordance with 
Sec. 679.20(d)(1)(iii), the closure to directed fishing for atka 
mackerel in the Eastern Aleutian District and the Bering Sea Subarea of 
the BSAI will remain in effect through 2400 hrs, A.l.t., December 31, 
1997.
    The closures listed in Table 10 supersede the closures announced in 
the 1997 interim specifications (61 FR 60044, November 26, 1996 and 
corrected at 62 FR 2445, January 16, 1997). In accordance with 
Sec. 679.20(d)(1)(iii), Sec. 679.21(e)(7), and Sec. 679.25(a)(1)(i) and 
(a)(2)(i), the closures listed in Table 10 will remain in effect 
through 2400 hrs, A.l.t., December 31, 1997. While these closure are in 
effect, the maximum retainable bycatch amounts at Sec. 679.20(e) apply 
at any time during a fishing trip. Additional closures and restrictions 
may be found in existing regulations at 50 CFR part 679.

       Table 10.--Closures to Directed Fishing Under 1997 TACs \1\      
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Fishery (All Gear):                              Closed Area \2\        
    Pollock in Bogoslof District.......  Statistical Area 518.          
    Pacific ocean perch................  Bering Sea subarea.            
    Other red rockfish \3\.............  Bering Sea subarea.            
    Shortraker/rougheye rockfish.......  Aleutian Islands subarea.      
    Sharpchin/northern rockfish........  Aleutian Islands subarea.      
    Other rockfish \4\.................  BSAI.                          
    Atka mackerel......................  Eastern Aleutian District and  
                                          Bering Sea Subarea.           
Fishery (Trawl only):                                                   
    Rockfish...........................  Zone 1.                        
    Greenland turbot, arrowtooth,        BSAI.                          
     sablefish.                                                         
    Rock sole, flathead sole and other   Herring Savings Area.          
     flatfish.                                                          
    Groundfish (nonpelagic trawl gear).  RKCSS.                         
------------------------------------------------------------------------
<SUP>1 These closures to directed fishing are in addition to closures and    
  prohibitions found in regulations at 50 CFR part 679.                 
<SUP>2 Refer to Sec.  679.2 for definitions of areas, subareas, Bycatch      
  Limitation Zone 1, and the Herring Savings Area, and to Figure 1 to   
  Part 679 for a description of BSAI Statistical Areas. The red king    
  crab savings subarea (RKCSS) is defined at Sec.  679.21(e)(3)(ii)(B). 
<SUP>3 ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and  
  northern.                                                             
<SUP>4 In the BSAI, ``Other rockfish'' includes Sebastes and Sebastolobus    
  species except for Pacific ocean perch and the ``other red rockfish'' 
  species.                                                              

Response to Comments

    Comment 1. The draft environmental assessment prepared for the 1997 
specifications provides an inadequate basis for a Finding of No 
Significant Impact. The environmental impact statement (EIS) prepared 
for the BSAI groundfish fishery was drafted 15 years ago. Since that 
time, the conduct of the fisheries has changed, new information 
regarding the affected groundfish species exists, and substantial and 
unanalyzed questions exist regarding the impact of the groundfish 
fisheries on the BSAI ecosystem. NMFS should prepare a supplement to 
the EIS which fully evaluates the potential impacts of the groundfish 
TACs on the BSAI ecosystem.
    Response. NMFS acknowledges that the final EIS prepared for the 
BSAI groundfish fishery is 15 years old. Nonetheless, NMFS believes the 
final EA prepared for the 1997 BSAI groundfish specifications, as well 
as the documents incorporated by reference into the EA, adequately 
support a Finding of No Significant Impact (FONSI). The FONSI is based 
on the best available information contained in the SAFE report on the 
biological condition of groundfish stocks, the socioeconomic condition 
of the fishing industry, and consultation with the Council at its 
December 1996 meeting. For each species category, the Council 
recommended harvest amounts such that catches at or below these amounts 
would not result in overfishing as defined by the FMP. The Council's 
recommended final TACs for many groundfish species differ from the 
proposed TACs due to new information on status of stocks and/or changes 
in exploitation strategy. Each of the Council's recommended TACs for 
1997 is equal to or less than the ABC for each species category. 
Therefore, NMFS finds that the recommended TACs are consistent with the 
biological condition of the groundfish stocks.
    Comment 2. The draft EA does not adequately assess the impact of 
proposed 1997 fishing levels on the age class distribution of declining 
stocks of pollock in the eastern Bering Sea, on endangered Steller sea 
lions, or on the unlisted species also suffering population declines. 
The draft EA also neglects to address dramatic increases in catches of 
pollock and Atka mackerel in areas designated as critical foraging 
habitat for Steller sea lions, the increasing effort directed on 
spawning pollock in the winter months, and the geographic and temporal 
concentration of fishing in the areas of the BSAI where the greatest 
declines of sea lion, other marine mammals, and seabirds have occurred.
    Response. The issues of concern identified in Comment 2 are 
addressed within the scope of the final EA, as well as in the documents 
incorporated by reference into the final EA. Efforts to identify 
relationships between the Alaska groundfish fisheries and Steller sea 
lions are ongoing, but any potential linkages remain unclear. Overlaps 
between Steller sea lion prey and harvested species have been 
identified, particularly with reference to pollock and Atka mackerel 
stocks. However, no data currently are available to suggest that the 
recommended ABCs for these or any other species will adversely impact 
the recovery of Steller sea lions or other listed species. Participants 
in the Alaskan groundfish fisheries are not expected to significantly 
alter their fishing practices, either spatially or temporally, as a 
result of the 1997 groundfish specifications nor operate in any manner 
that would predictably pose obvious impacts to Steller Sea lions. New 
information on the declining abundance of juvenile pollock in the 
eastern Bering Sea is not expected to influence the fishery during 
1997, because fishing effort will continue to concentrate on older age 
classes that are spatially separate from juvenile aggregations. 
Available information on the relationship between pollock spawner and 
recruit biomass suggests that the remaining unharvested mature portion 
of the stock is above the level that would cause further reductions in 
pollock recruitment.

[[Page 7179]]

Classification

    This action is authorized under 50 CFR part 679 and is exempt from 
review under E.O. 12866.
    This action adopts final 1997 harvest specifications for the BSAI, 
implements associated management measures, releases reserves to certain 
species ITACs, and closes specified fisheries. Generally, this action 
does not significantly revise management measures in a manner that 
would require time to plan or prepare for those revisions. In some 
cases, such as closures, action must be taken immediately to conserve 
fishery resources. In other cases, such as the apportionment of the 
nonspecified reserve to specified ITAC amounts, action must be taken 
immediately to convey a benefit to the industry in terms of providing 
the opportunity to plan for the full harvest of specified TAC amounts. 
Without the specified closures, prohibited species bycatch allowances 
will be exceeded, established TAC amounts will be overharvested, and 
retention of some groundfish species will become prohibited, which 
would disadvantage fishermen who could no longer retain bycatch amounts 
of these species. In some cases, the interim specifications in effect 
would be insufficient to allow directed fisheries to operate during a 
30-day delayed effectiveness period, which would result in unnecessary 
closures and disruption within the fishing industry; in many of these 
cases, the final specifications will allow the fisheries to continue 
without interruption. The immediate effectiveness of this action is 
required to provide consistent management and conservation of fishery 
resources and to convey a benefit to fishermen by providing an 
opportunity to harvest available TAC amounts. Accordingly, the 
Assistant Administrator for Fisheries, NOAA (AA), finds good cause 
exists to waive the 30-day delayed effectiveness period under 5 U.S.C. 
553(d)(3) with respect to such provisions. Comments on the 
apportionment of reserves will be received until February 27, 1997 (see 
ADDRESSES).
    The AA under authority of 5 U.S.C. 553(b)(B) finds good cause that 
providing prior notice and an opportunity for public comment regarding 
the inseason adjustment closing the red king crab savings subarea of 
the BSAI is impracticable and contrary to the public interest. 
Similarly, under authority of 5 U.S.C. 553(d)(3), the AA finds good 
cause to waive the 30-day delay in effective date and immediate 
effectiveness is necessary to prevent exceeding the red king crab 
bycatch allowance specified for the RKCSS. Under Sec. 679.25(c)(2), 
interested persons are invited to submit written comments on this 
action to the above address until February 27, 1997.
    Pursuant to section 7 of the Endangered Species Act, NMFS and the 
U.S. Fish and Wildlife Service have determined that the groundfish 
fisheries operating under the 1997 BSAI TAC specifications are unlikely 
to jeopardize the continued existence or recovery of species listed as 
endangered or threatened or to adversely modify critical habitat of 
these species.
    NMFS prepared an EA on the 1997 TAC specifications. The AA 
concluded that no significant impact on the environment will result 
from their implementation. A copy of the EA is available (see 
ADDRESSES).
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this final specification will 
not have a significant economic impact on a substantial number of small 
entities. The number of fixed gear and trawl catcher vessels expected 
to be operating as small entities in the Bering Sea and Aleutian 
Islands groundfish fishery is 356, excluding catcher/processor vessels. 
All these small entities will be affected by the harvest limits 
established in the 1997 specifications but changes from 1996 are 
relatively minor and are expected to be shared proportionally among 
participants. For this reason, the expected effects would not likely 
cause a reduction in gross revenues of more than 5 percent, increase 
compliance costs by more than 10 percent, or force small entities out 
of business.
    The Alaska commercial fishing industry is accustomed to shifting 
effort among alternative species and management areas in response to 
changes in TAC between years and inseason closures. Such mobility is 
necessary to survive in the open access fishery. Therefore, the annual 
specification process for Alaska groundfish for 1997 would not have 
significant economic impact on a significant number of small entities. 
No comments were received regarding this regulatory flexibility act 
certification. Thus no regulatory flexibility analysis was prepared.

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

    Dated: February 12, 1997.
Nancy Foster,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-3952 Filed 2-12-97; 4:30 pm]
BILLING CODE 3510-22-P