[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2905-2908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-728]



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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 675

[Docket No. 900833-1095; I.D. 010395B]


Groundfish of the Gulf of Alaska; Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area; Bycatch Rate Standards for the 
First Half of 1995

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

ACTION: Pacific halibut and red king crab bycatch rate standards; 
request for comments.

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SUMMARY: NMFS announces Pacific halibut and red king crab bycatch rate 
standards for the first half of 1995. [[Page 2906]] Publication of 
these bycatch rate standards is necessary under regulations 
implementing the vessel incentive program. This action is necessary to 
implement the bycatch rate standards for trawl vessel operators who 
participate in the Alaska groundfish trawl fisheries. The intent of 
this action is to reduce prohibited species bycatch rates and promote 
conservation of groundfish and other fishery resources.

DATES: Effective 12:01 a.m., Alaska local time (A.l.t.), January 20, 
1995, through 12 midnight, A.l.t., June 30, 1995. Comments on this 
action must be received at the following address no later than 4:30 
p.m., A.l.t., January 23, 1995.

ADDRESSES: Comments should be mailed to Ronald J. Berg, Chief, 
Fisheries Management Division, NMFS, P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori Gravel, or be delivered to 709 West 9th Street, 
Federal Building, room 401, Juneau, AK.

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) and Gulf of Alaska (GOA) are managed by NMFS 
according to the Fishery Management Plan for the Groundfish Fishery of 
the Bering Sea and Aleutian Islands Area and the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (FMPs). The FMPs were 
prepared by the North Pacific Fishery Management Council (Council) 
under the authority of the Magnuson Fishery Conservation and Management 
Act (Magnuson Act). The FMPs are implemented by regulations for the 
U.S. fisheries at 50 CFR parts 672, 675, and 676. General regulations 
that also pertain to the U.S. fisheries appear at 50 CFR part 620.
    Regulations at Secs. 672.26 and 675.26 implement a vessel incentive 
program to reduce halibut and red king crab bycatch rates in the 
groundfish trawl fisheries. Under the incentive program, operators of 
trawl vessels may not exceed Pacific halibut bycatch rate standards 
specified for the BSAI and GOA midwater pollock and ``other trawl'' 
fisheries, and the BSAI yellowfin sole and ``bottom pollock'' 
fisheries. Vessel operators also may not exceed red king crab bycatch 
standards specified for the BSAI yellowfin sole and ``other trawl'' 
fisheries in Bycatch Limitation Zone 1 (defined in Sec. 675.2). The 
fisheries included under the incentive program are defined in 
regulations at Secs. 672.26(b) and 675.26(b).
    Regulations at Secs. 672.26(c) and 675.26(c) require that halibut 
and red king crab bycatch rate standards for each fishery included 
under the incentive program be published in the Federal Register. The 
standards are in effect for specified seasons within the 6-month 
periods of January 1 through June 30, and July 1 through December 31. 
Given that the GOA and BSAI fisheries are closed to trawling from 
January 1 to January 20 of each year (Secs. 672.23(e) and 675.23(d), 
respectively), the Director, Alaska Region, NMFS (Regional Director), 
is implementing bycatch rate standards for the first half of 1995 
effective from January 20, 1995, through June 30, 1995.
    At its September 1994 meeting, the Council reviewed average 1992-94 
bycatch rates experienced by vessels participating in the fisheries 
under the incentive program. Based on this and other information 
presented below, the Council recommended halibut and red king crab 
bycatch rate standards for the first half of 1995. These standards were 
reconfirmed by the Council at its December 1994 meeting after the 
Council considered new information on the intent of some trawl vessel 
owners to purchase and use voluntarily large-mesh gear to reduce 
groundfish discard amounts. The Council's recommended bycatch rate 
standards are listed in Table 1. As required by Secs. 672.26(c) and 
675.26(c), the Council's recommended bycatch rate standards for January 
through June are based on the following information:

1. Previous years' average observed bycatch rates;
2. Immediately preceding season's average observed bycatch rates;
3. The bycatch allowances and associated fishery closures specified 
under Secs. 672.20(f) and 675.21;
4. Anticipated groundfish harvests;
5. Anticipated seasonal distribution of fishing effort for groundfish; 
and
6. Other information and criteria deemed relevant by the Regional 
Director.

Bycatch Rate Standards for Pacific Halibut

    The Council's recommended halibut bycatch rate standards for the 
1995 trawl fisheries are unchanged from those implemented in 1994. The 
recommended 1995 standards are based largely on anticipated seasonal 
fishing effort for groundfish species and 1992-94 halibut bycatch rates 
observed in the trawl fisheries included under the incentive program. 
The Council recognized that the 1995 trawl fisheries do not start until 
January 20.
    The recommended standard for the yellowfin sole fishery was 
maintained at 5.0 kilograms (kg) halibut per metric ton (mt) of 
groundfish for the first quarter of 1995. Regulations implemented in 
1994 (59 FR 38132, July 27, 1994) revised the opening date for the 
yellowfin sole and ``other flatfish'' trawl fisheries from May 1 to 
January 20 of each year. This revision was initially implemented by 
emergency interim rulemaking on February 7, 1994 (59 FR 6222, February 
10, 1994). The small amount of data available on halibut bycatch rates 
in the yellowfin sole fishery during the first quarter of 1994 show an 
average bycatch rate of about 2.70 kg halibut/mt of groundfish. This 
rate approximates the relatively low halibut bycatch rates experienced 
by vessels fishing in the BSAI joint venture fisheries during the mid 
to late 1980's (less than 2 kg halibut/mt of groundfish). The Council 
also recommended that a bycatch rate standard of 5.0 kg halibut/mt of 
groundfish be maintained for the second quarter of 1995, even though 
the average halibut bycatch rate experienced by the yellowfin sole 
fishery during the second quarter of 1994 (5.98 kg halibut/mt 
groundfish) was slightly higher than the standard.
    Although the bycatch rate of halibut in the yellowfin sole fishery 
during the first half of the year has been as high as 13 kg halibut/mt 
groundfish (1993 observer data), the Council recommended a 1995 halibut 
bycatch rate standard of 5.0 kg halibut/mt of groundfish given that the 
average bycatch rates experienced by the yellowfin sole fishery during 
the first half of 1991, 1992, and 1994 were only slightly higher or 
below the recommended standard, indicating that vessel operators are 
able to fish at halibut bycatch rates lower than those experienced in 
1993. Furthermore, a bycatch rate standard of 5 kg halibut/mt of 
groundfish will continue to encourage vessel operators to take action 
to avoid excessively high bycatch rates of halibut.
    The halibut bycatch rate standard recommended for the BSAI and GOA 
midwater pollock fisheries (1 kg halibut/mt of groundfish) is higher 
than the bycatch rates normally experienced by vessels participating in 
these fisheries. The recommended standard is intended to encourage 
vessel operators to maintain off-bottom trawl operations and limit 
further bycatch of halibut in the pollock fishery when halibut bycatch 
restrictions at Secs. 672.20(f)(3)(i) and 675.21(c)(1)(iii) prohibit 
directed fishing for pollock by vessels using non-pelagic trawl gear.
[[Page 2907]]

    The recommended halibut bycatch rate standards for the BSAI 
``bottom pollock'' fishery continue to approximate the average annual 
rates observed on trawl vessels participating in this fishery during 
the past 4 years. The recommended standard for the BSAI ``bottom 
pollock'' fishery during the first quarter of 1995 (7.5 kg halibut/mt 
of groundfish) is set at a level near the average halibut bycatch rate 
experienced by vessels participating in the ``bottom pollock'' fishery 
during the first quarters of 1992 and 1993 (7.58 and 7.59 kg halibut/mt 
of groundfish, respectively). During the first quarter of 1994, the 
halibut bycatch rate in this fishery was only 2.71 kg halibut/mt 
groundfish. However, the average halibut bycatch rate during the second 
quarter of 1994 was unusually high at almost 30 kg halibut/mt 
groundfish. This high rate was associated with very little fishing 
effort because the Bering Sea subarea and Aleutian Islands subarea 
offshore component pollock fisheries were closed on February 18 and 
March 1, respectively; and the inshore Bering Sea subarea and Aleutian 
Islands subarea pollock fisheries were closed on March 2, 1994, and 
March 18, 1994, respectively. As a result, the second quarter bycatch 
rate estimated for the 1994 pollock fishery is not considered to be 
reflective of the rates typically experienced in this fishery. As in 
past years, the directed fishing allowances specified for the 1995 
pollock ``A'' season likely will be reached before the end of the ``A'' 
season on April 15. Directed fishing for pollock is prohibited from the 
end of the pollock ``A'' season (April 15) until the beginning of the 
pollock ``B'' season (August 15), except by vessels fishing under the 
Community Development Quota (CDQ) program (50 CFR 675.27).
    The Council recommended a 5.0 kg halibut/mt of groundfish bycatch 
rate standard for the second quarter of 1995 to accommodate any CDQ 
pollock fishery that may occur during this period. This standard 
approximates the average halibut bycatch rate experienced by vessels 
participating in the bottom pollock fishery during the second quarter 
of 1992 (4.34 kg halibut/mt of groundfish), but is higher than the 
second quarter rate experienced in 1993 (2.72 kg halibut/mt of 
groundfish).
    A 30 kg halibut/mt of groundfish bycatch rate standard was 
recommended for the BSAI ``other trawl'' fishery. This standard has 
remained unchanged since 1992. The Council recommended a 40 kg halibut/
mt of groundfish bycatch rate standard for the GOA ``other trawl'' 
fishery, which is the same as for 1994.
    The bycatch rate standards recommended for the GOA and BSAI ``other 
trawl'' fisheries are based on the Council's intent to simplify the 
incentive program by specifying a single bycatch rate standard for the 
aggregate trawl fisheries that are not assigned fishery-specific 
bycatch rate standards under the incentive program, yet reduce overall 
halibut bycatch rates in the Alaska groundfish trawl fisheries.
    Observer data collected from the 1994 GOA ``other trawl'' fishery 
show first and second quarter halibut bycatch rates of 20 and 43 kg 
halibut/mt of groundfish, respectively. First and second quarter rates 
from 1993 were 34 and 27 kg halibut/mt of groundfish, respectively. 
Observer data collected from the 1994 BSAI ``other trawl'' fishery show 
first and second quarter halibut bycatch rates of 9 and 20 kg halibut/
mt of groundfish, respectively. Observer data from 1992 and 1993 showed 
similar rates. The average bycatch rates experienced by vessels 
participating in the GOA and BSAI ``other trawl'' fisheries are lower 
than the Council's recommended bycatch rate standards for these 
fisheries. However, the Council determined that its recommended halibut 
bycatch rate standards for the ``other trawl'' fisheries would continue 
to provide an incentive to vessel operators to avoid unusually high 
halibut bycatch rates while participating in these fisheries and 
contribute towards an overall reduction in halibut bycatch rates 
experienced in the Alaska trawl fisheries. Furthermore, these standards 
would provide some leniency to those vessel operators that choose to 
use large-mesh trawl gear in the BSAI rock sole fishery (a component 
fishery of the BSAI ``other trawl'' fishery) as a means to reduce 
groundfish discard amounts. The bycatch rates of halibut and crab could 
increase for vessels using this gear type, but observer data do not 
exist on which to base a revised bycatch rate standard for these 
operations. The Council recommended maintaining the current bycatch 
rate standard for the BSAI ``other trawl'' fishery until observer data 
become available that will provide a basis for bycatch rate standards 
for vessels using large-mesh trawl gear. At its September and December 
1994 meetings, the Council requested that NMFS initiate rulemaking to 
require large-mesh trawl gear in the rock sole, Pacific cod, and 
pollock fisheries. As part of that process, the Council requested that 
NMFS amend regulations implementing the vessel incentive program so 
that separate bycatch rate standards for the rock sole fishery may be 
specified that consider the potential for higher halibut and red king 
crab bycatch rates under mesh size restrictions.

Bycatch Rates Standards for Red King Crab

    The Council's recommended red king crab bycatch rate standard for 
the yellowfin sole and ``other trawl'' fisheries in Zone 1 of the 
Bering Sea subarea is 2.5 crab/mt of groundfish during the first half 
of 1995. This standard has remained unchanged since 1992.
    With the exception of rock sole, little fishing effort for flatfish 
has occurred in Zone 1 during recent years, because commercial 
concentrations of yellowfin sole and ``other flatfish'' normally occur 
north of this area, when these fisheries opened on May 1. Because 
regulations recently have been implemented that revise the opening date 
for these flatfish fisheries to January 20, limited observer data exist 
for the yellowfin sole fishery in Zone 1 for the 4-year period of 1991-
94. These data indicate average red king crab bycatch rates during the 
first part of the year between 0.23 and 2.19 crab/mt of groundfish. 
During this same 4-year period, the first and second quarter bycatch 
rates of red king crab experienced by vessels participating in the 
``other trawl'' fishery ranged from .02 to 2.39 crab/mt of groundfish. 
The total bycatch of red king crab by vessels participating in the 1994 
trawl fisheries is estimated at 244,634 crab, or about 122 percent of 
the 200,000 red king crab bycatch limit established for the trawl 
fisheries in Zone 1. Most of red king crab bycatch (193,016 crab) 
occurred in the rock sole fishery. At the request of the Council, NMFS 
is pursuing an emergency trawl closure in Zone 1 to reduce the number 
of female red king crab taken as bycatch. This action was recommended 
by the Council in response to conservation concerns ensuing from 
results of the 1994 NMFS crab trawl survey that showed female crab to 
be below threshold numbers. The emergency rule would close lucrative 
fishing grounds used by the rock sole fishery and would change observer 
coverage requirements to provide NMFS with more thorough and timely 
data on crab bycatch in Zone 1, so that specified fishery bycatch 
allowances are not exceeded. Anticipating that fishery bycatch 
allowances will not be exceeded in 1995 and that the red king crab 
bycatch limit will restrict bycatch amounts to specified levels, the 
Council maintained the 2.5 red king crab/mt of groundfish bycatch rate 
standard. As mentioned above, the Council has requested that NMFS 
pursue rulemaking that would [[Page 2908]] allow separate red king crab 
bycatch rate standards for the rock sole fishery in the event that 
proposed trawl mesh regulations result in higher crab bycatch rates.
    The Regional Director has determined that Council recommendations 
for bycatch rate standards are appropriately based on the information 
and considerations necessary for such determinations under 
Secs. 672.26(c) and 675.26(c). Therefore, the Regional Director concurs 
in the Council's determinations and recommendations for halibut and red 
king crab bycatch rate standards for the first half of 1995 as set 
forth in Table 1. These bycatch rate standards may be revised and 
published in the Federal Register when deemed appropriate by the 
Regional Director pending his consideration of the information set 
forth at Secs. 672.26(c)(2)(v) and 675.26(c)(2)(v).
    As required in regulations at Secs. 672.26(a)(2)(iii) and 
675.26(a)(2)(iii), the 1995 fishing months are specified as the 
following periods for purposes of calculating vessel bycatch rates 
under the incentive program:

Month 1: January 1 through January 28;
Month 2: January 29 through February 25;
Month 3: February 26 through April 1;
Month 4: April 2 through April 29;
Month 5: April 30 through June 3;
Month 6: June 4 through July 1;
Month 7: July 2 through July 29;
Month 8: July 30 through September 2;
Month 9: September 3 through September 30;
Month 10: October 1 through October 28;
Month 11: October 29 through December 2; and
Month 12: December 3 through December 31.

Classification

    This action is taken under 50 CFR 672.26 and 675.26 and is exempt 
from review under E.O. 12866.
    Information upon which the recommended bycatch rate standards were 
initially based was reviewed by the Council at its September, 1994, 
meeting. The Council reconfirmed the recommended bycatch rate standards 
at its December 1994 meeting after considering new information about 
the potential effect of voluntary use of large mesh trawl gear in the 
rock sole fishery on prohibited species bycatch rates. These standards 
must be effective by the start of the 1995 trawl season on January 20, 
to avoid a lapse in vessel accountability under the vessel incentive 
program. Without this accountability, prohibited species bycatch rates 
could increase in the groundfish trawl fisheries, prohibited species 
bycatch allowances could be reached sooner, specified groundfish trawl 
fisheries could be closed prematurely, and owners and operators of 
groundfish trawl vessels could forego additional revenues. Therefore, 
in accordance with Secs. 672.26(c)(2) and 675.26(c)(2), the Assistant 
Administrator for Fisheries, NOAA, finds for good cause that it is 
impractical and contrary to the public interest to afford prior notice 
and opportunity for public comment on this action beyond the start of 
the 1995 trawl season, or to delay its effective date.

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

    Dated: January 6, 1995.
Richard B. Stone,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.

 Table 1.--Bycatch Rate Standards, by Fishery and Quarter, for the First
  Half of 1995 for Purposes of the Vessel Incentive Program in the BSAI 
                                 and GOA                                
------------------------------------------------------------------------
                                                                  1995  
                                                                 bycatch
                      Fishery and quarter                         rate  
                                                                standard
------------------------------------------------------------------------
    Halibut bycatch rate standards (kilogram of halibut/metric ton of   
                            groundfish catch)                           
                                                                        
------------------------------------------------------------------------
BSAI Midwater pollock:                                                  
  Qt 1........................................................       1.0
  Qt 2........................................................       1.0
BSAI Bottom pollock:                                                    
  Qt 1........................................................       7.5
  Qt 2........................................................       5.0
BSAI Yellowfin sole:                                                    
  Qt 1........................................................       5.0
  Qt 2........................................................       5.0
BSAI Other trawl:                                                       
  Qt 1........................................................      30.0
  Qt 2........................................................      30.0
GOA Midwater pollock:                                                   
  Qt 1........................................................       1.0
  Qt 2........................................................       1.0
GOA Other trawl:                                                        
  Qt 1........................................................      40.0
  Qt 2........................................................      40.0
                                                                        
------------------------------------------------------------------------
  Zone 1 red king crab bycatch rate standards (number of crab/metric ton
                          of groundfish catch)                          
                                                                        
------------------------------------------------------------------------
BSAI yellowfin sole:                                                    
  Qt 1........................................................       2.5
  Qt 2........................................................       2.5
BSAI Other trawl:                                                       
  Qt 1........................................................       2.5
  Qt 2........................................................       2.5
------------------------------------------------------------------------

[FR Doc. 95-728 Filed 1-6-95; 4:29 pm]
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