Groundfish of the Gulf of Alaska; Groundfish Fishery of the Bering Sea and Aleutian Islands Area

DEPARTMENT OF COMMERCE

50 CFR Parts 672 and 675

[Docket No. 900833-1095; I.D. 052694E]

Groundfish of the Gulf of Alaska; Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

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 second half of 1994. 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 that must be met by individual trawl vessel operators

who participate in the Alaska groundfish trawl fisheries under the

incentive program. 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.), July 1, 1994,

through 12 midnight, A.l.t., December 31, 1994. Comments on this action

must be received at the following address no later than 4:30 p.m.,

A.l.t., June 30, 1994.

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, Fisheries

Management Division, Alaska Region, NMFS, 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 the

Secretary of Commerce according to the Fishery Management Plan (FMP)

for the Groundfish Fishery of the BSAI and the FMP for Groundfish of

the GOA. The FMPs were prepared by the North Pacific Fishery Management

Council (Council) under the authority of the Magnuson Fishery

Conservation and Management Act. The FMPs are implemented by

regulations for the U.S. fisheries at 50 CFR parts 672 and 675. 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 must comply with 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 must comply with 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 crab bycatch rate standards for each fishery monitored under

the incentive program be published in the Federal Register. Any vessel

operator whose monthly bycatch rate exceeds the bycatch rate standard

is in violation of the regulations implementing the incentive program.

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.

For purposes of calculating vessel bycatch rates under the incentive

program, the periods specified as 1994 fishing months were published in

the Federal Register on December 15, 1993 (58 FR 65556).

Halibut and red king crab bycatch rate standards for the first half

of 1994 also were published in the Federal Register on December 15,

1993. At its April 1994 meeting, the Council recommended bycatch rate

standards for the second half of 1994. These standards are set forth in

Table 1. As required by Secs. 672.26(c) and 675.26(c), the Council's

recommended bycatch rate standards for July 1 through December 31 are

based on the following information and considerations:

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 Director

of the Alaska Region, NMFS (Regional Director).

Bycatch Rate Standards for Pacific Halibut

With the exception of the GOA ``other trawl'' fishery, the

Council's recommended halibut bycatch rate standards for the 1994 trawl

fisheries are unchanged from those implemented in 1993. The recommended

1994 standards are based largely on anticipated seasonal fishing effort

for groundfish species and 1991-1994 halibut bycatch rates observed in

specified trawl fisheries. Council deliberations on seasonal bycatch

rate standards assumed that directed fishing for Pacific cod by vessels

using trawl gear would be closed prior to July 1 (59 FR 24361, May 11,

1994). Council deliberations also considered the August 15 opening date

of the 1994 Bering Sea pollock 'B' season (Sec. 675.23(e)).

The recommended halibut bycatch rate standards for the BSAI

yellowfin sole and ``bottom pollock'' fisheries approximate the average

annual rates observed on trawl vessels participating in these fisheries

during the past 3 years (5 kg halibut/metric ton (mt) of groundfish).

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) and 675.21(c)(1) prohibit directed

fishing for pollock by vessels using non-pelagic trawl gear.

The Council's recommended halibut bycatch rate standards for the

BSAI ``other trawl'' fisheries (30 kg halibut/mt groundfish) is

unchanged from 1992 and 1993. The Council recommended a 40 kg halibut/

mt of groundfish bycatch rate standard for the GOA ``other trawl''

fishery. This bycatch rate standard was established for the first half

of 1994, but is a 20 percent reduction from the standard implemented

for this fishery during 1992 and 1993 (50 kg halibut/mt groundfish).

The Council's action on the 1994 bycatch rate standard for the GOA

``other trawl'' fishery was intended to continue, to support other

management measures implemented under an emergency interim rule (59 FR

6222, February 10, 1994) that was extended through August 9, 1994 (59

FR 24965, May 13, 1994). A proposed rule to implement these measures

after the emergency interim rule expires was published May 4, 1994 (59

FR 23044). The interim management measures include: (1) The

apportionment of the GOA trawl halibut bycatch limit between ``shallow

water'' and ``deep water'' trawl fisheries, and (2) adjustment of

directed fishing standards to change the way retainable bycatch amounts

of groundfish species are calculated.

The bycatch rate standards recommended for the GOA and BSAI ``other

trawl'' fisheries are based on the Council's intent to simplify the GOA

and BSAI 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

maintain the Council's objective of reducing overall halibut bycatch

rates in the Alaska groundfish trawl fisheries. Observer data collected

from the 1993 GOA ``other trawl'' fishery show third and fourth quarter

halibut bycatch rates of 34 and 38 kg halibut/mt of groundfish,

respectively. The first quarter rate from 1994 was lower, at 11 kg

halibut/mt of groundfish. Observer data collected from the 1993 BSAI

``other trawl'' fishery show third and fourth quarter halibut bycatch

rates of 5 and 4 kg halibut/mt of groundfish, respectively. The average

first quarter rate from the 1994 BSAI ``other trawl'' fishery was 9 kg

halibut/mt groundfish. 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

bycatch rates while participating in these fisheries and contribute

towards an overall reduction in halibut bycatch rates experienced in

the Alaska trawl fisheries.

Bycatch Rate 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 second half

of 1994. This standard is the same as that recommended for 1992 and

1993 and for the first half of 1994. The justification for this

standard is discussed in the December 15, 1993, publication of bycatch

rate standards for the first half of 1994.

Vessels are not anticipated to participate in either the yellowfin

sole or ``other trawl'' fisheries in Zone 1 during the second half of

1994 because of fishery closures. Directed fishing for yellowfin sole

in Zone 1 by vessels using trawl gear is closed for the remainder of

1994 because the Zone 1 C. bairdi Tanner crab bycatch allowance

specified for this fishery has been reached (59 FR 26145, May 19,

1994). Directed fishing for groundfish species included in the ``other

trawl'' fishery (defined at Sec. 675.26(b)(4)) also is prohibited in

Zone 1 because of halibut, red king crab, or C. bairdi Tanner crab

bycatch restrictions (rockfish, Greenland turbot, sablefish, arrowtooth

flounder (59 FR 7656, February 16, 1994); rock sole and other flatfish

(59 FR 10082, March 3, 1994); and Pacific cod (59 FR 23461, May 11,

1994)). Nonetheless, NMFS is publishing a red king crab bycatch rate

standard for the ``other trawl'' fishery in Zone 1 consistent with

regulations at Sec. 675.26(c).

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

with the Council's determinations and recommendations for halibut and

red king crab bycatch rate standards for the second half of 1994 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).

Classification

This action is taken under 50 CFR 672.26 and 675.26.

This action is exempt from OMB review under E.O. 12866.

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

Dated: May 27, 1994.

David S. Crestin,

Acting Director, Office of Fisheries Conservation and Management,

National Marine Fisheries Service.

Table 1.--Bycatch Rate Standards, by Fishery, for the Second Half of

1994 for Purposes of the Vessel Incentive Program in the BSAI and GOA

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1994 bycatch

rate standard

during the

Fishery period of July

1 through

December 31

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Halibut bycatch as kg of halibut/mt of allocated

groundfish catch:

BSAI Midwater pollock............................... 1.0

BSAI Bottom pollock................................. 5.0

BSAI Yellowfin sole................................. 5.0

BSAI Other trawl.................................... 30.0

GOA Midwater pollock................................ 1.0

GOA Other trawl..................................... 40.0

Zone 1 red king crab bycatch rates (number of crab/mt of

allocated groundfish):

BSAI yellowfin sole................................. 2.5

BSAI Other trawl.................................... 2.5

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[FR Doc. 94-13491 Filed 5-31-94; 9:42 am]

BILLING CODE 3510-22-P