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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 672 and 675

[Docket No. 941253-4353; I.D. 120594A]

RIN 0648-AG95

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: Proposed rule; proposed 1995 specification of Pacific halibut

bycatch allowances; request for comments.

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SUMMARY: NMFS proposes regulations to revise the management of seasonal

Pacific halibut bycatch allowances annually specified for nontrawl

fisheries in the Bering Sea and Aleutian Islands management area

(BSAI). This proposed rule also would provide the authority to

determine annually whether to apportion a halibut bycatch allowance to

the BSAI jig gear fishery or the BSAI or Gulf of Alaska (GOA) hook-and-

line gear fisheries for sablefish, or to exempt these fisheries from

halibut bycatch restrictions. In order not to delay the promulgation of

timely specifications for the 1995 fishing year that would be

consistent with the adoption of the proposed regulations, this notice

proposes halibut bycatch allowances for the 1995 GOA hook-and-line gear

fisheries and the 1995 BSAI nontrawl fisheries, seasonal apportionments

thereof, and the manner in which these seasonal apportionments would be

managed, all under these proposed regulations. This action is necessary

to manage halibut bycatch allowances consistent with the intent of

seasonal apportionments of groundfish total allowable catch (TAC)

amounts, prevent preemption of the BSAI jig gear fisheries by the

attainment of halibut bycatch allowances apportioned to other nontrawl

fisheries, and support the implementation of the sablefish/halibut

individual fishing quota (IFQ) program. This action is intended to

promote management and conservation of groundfish and other fish

resources and to further the objectives contained in the fishery

management plans for Alaska groundfish fisheries.

DATES: Comments must be received by January 30, 1995.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region, National Marine Fisheries Service,

P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel. Copies of the

environmental assessment/regulatory impact review may be obtained from

the same address.

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

SUPPLEMENTARY INFORMATION:

Background

Fishing for groundfish by vessels in the exclusive economic zone of

the GOA and BSAI is managed by NMFS according to the Fishery Management

Plan (FMP) for Groundfish of the Gulf of Alaska and the FMP for the

Groundfish Fishery of the Bering Sea and Aleutian Islands Area. The

FMPs were prepared by the North Pacific Fishery Management Council

(Council) under the Magnuson Fishery Conservation and Management Act

and are implemented by regulations governing the U.S. groundfish

fisheries at 50 CFR parts 620, 672, 675, and 676.

Regulations for the management of prohibited species bycatch limits

established for the BSAI groundfish fisheries are set out at

Sec. 675.21. These regulations authorize NMFS, after consultation with

the Council, to apportion the halibut bycatch limit established for

BSAI nontrawl (hook-and-line, pot, and jig) gear fisheries among the

hook-and-line gear fishery for Pacific cod, the groundfish pot gear

fishery, and the other nontrawl fisheries. These fishery bycatch

allowances may be seasonally apportioned. Any unused seasonal

apportionment of a fishery-bycatch allowance must be added to the

fishery's next seasonal apportionment during the same year. Similarly,

if a seasonal apportionment of a fishery bycatch allowance is exceeded,

the amount by which the seasonal apportionment is exceeded must be

deducted from the fishery's next seasonal apportionment during the same

year.

Regulations for the management of halibut bycatch limits

established for the GOA groundfish fisheries are set out at

Sec. 672.20(f). These regulations authorize the annual specification of

a halibut bycatch limit for the GOA hook-and-line gear fisheries that

may be apportioned between the demersal shelf rockfish (DSR) fishery in

the Southeast Outside District of the Eastern Regulatory Area and all

other GOA hook-and-line gear fisheries.

Representatives for the BSAI nontrawl groundfish fisheries have

identified two concerns with regulations addressing the management of

the halibut bycatch limit established for these fisheries. First, the

BSAI jig gear fishery currently shares a halibut bycatch allowance with

all other BSAI hook-and-line fisheries, except Pacific cod. Therefore,

the potential exists for halibut bycatch mortality in the Greenland

turbot or sablefish hook-and-line fisheries to require closure of the

jig gear fishery if the halibut bycatch allowance is reached. This

event could prevent vessels using jig gear from harvesting the amount

of Pacific cod allocated to these vessels. Regulations at

Sec. 675.20(a)(2)(iv) currently require that 2 percent of the BSAI

Pacific cod TAC be allocated annually to vessels using this gear type.

A second problem identified with current regulations is that the

management of the seasonal apportionments of the halibut bycatch

allowance annually specified for the BSAI Pacific cod hook-and-line

gear fishery is not consistent with the management of the seasonal

apportionments of the amount of the Pacific cod TAC allocated to

vessels using hook-and-line or pot gear under Sec. 675.20(a)(2)(iv).

For example, the amount of BSAI Pacific cod apportioned to the 1994

summer hook-and-line or pot gear fishery for Pacific cod was reduced,

relative to the winter and fall seasons, to limit fishing effort by

hook-and-line gear vessels and avoid high halibut bycatch rates that

are experienced in the summer fishery (59 FR 4009, January 28, 1994).

The summer apportionment of the halibut bycatch allowance specified for

the 1994 hook-and-line Pacific cod fishery also was reduced to limit

fishing effort during summer months (59 FR 7656, February 16, 1994).

Under current regulations, any unused portion of the first (winter)

season's apportionment of the halibut bycatch allowance is available

for catch during summer. As a result, the hook-and-line effort for BSAI

Pacific cod could increase beyond what was intended, the summer

apportionment of the Pacific cod TAC would be reached more quickly by

vessels fishing with hook-and-line gear, vessels fishing with pot gear

would be preempted from fishing for Pacific cod during summer months,

and overall halibut bycatch mortality would increase due to increased

fishing effort in summer months by vessels using hook-and-line gear.

A third concern raised by management agencies and industry

representatives is that current regulations impose halibut bycatch

restrictions on the GOA and BSAI hook-and-line gear fisheries for

sablefish. These restrictions could prevent achievement of an important

goal of the sablefish/halibut IFQ program--reduced competition within

the fleet and a slower paced fishery, with reduced bycatch of

undersized fish or prohibited species. A final rule implementing the

IFQ program was published in the Federal Register November 9, 1993 (58

FR 59375).

The first sablefish/halibut IFQ fisheries are scheduled to open

during spring 1995. Although bycatch of halibut in the sablefish hook-

and-line fishery will continue under the IFQ program, overall halibut

discard mortality is expected to decrease for two reasons. First,

operators of vessels with halibut quota shareholders onboard must

retain all legal-sized halibut. Second, persons issued sablefish quota

share are anticipated to fish in a manner that would optimize revenue

for a given amount of quota share. This would mean fishing in prime

sablefish fishing grounds at depths where halibut, though uncommon, are

predominantly of legal size. Under current halibut bycatch

restrictions, sablefish IFQ fishermen likely would continue to

participate in a fast paced fishery with attendant high halibut bycatch

rates in an attempt to harvest their sablefish IFQ before the hook-and-

line fishery for sablefish is closed due to halibut bycatch.

At its April and September 1994 meetings, the Council responded to

two of the above concerns by requesting NMFS to prepare a rulemaking

that would: (1) Revise the management of seasonal bycatch allowances in

the BSAI nontrawl fisheries, and (2) either exempt the GOA and BSAI

sablefish hook-and-line gear fisheries from halibut bycatch

restrictions or specify a separate halibut bycatch allowance for those

fisheries during the annual groundfish specification process.

NMFS proposes to respond to the Council's recommendation and to the

concern about preemption of the BSAI jig gear fishery by implementing

the following two management measures:

1. Separately define the BSAI groundfish jig gear fishery and the

BSAI sablefish hook-and-line gear fishery under Sec. 675.21(b)(2)(ii)

and the GOA sablefish hook-and-line gear fishery under

Sec. 672.20(f)(1)(ii) so that these fisheries annually either receive a

separate halibut bycatch allowance or are exempted from halibut bycatch

restrictions. These determinations would be implemented by NMFS, after

consultation with the Council, as part of the annual specification

process set out at Secs. 672.20(c) and 675.20(a)(7).

2. Authorize NMFS, after consultation with the Council, to specify

annually how seasonal bycatch allowances established for the BSAI

nontrawl fisheries would be reapportioned among remaining seasons

during the same fishing year.

Proposed 1995 Specifications of the Pacific Halibut Bycatch Mortality

Limit Established for the BSAI Nontrawl Fisheries

To implement the measures proposed under this action, proposed 1995

halibut bycatch allowances for the GOA hook-and line gear fisheries and

the BSAI nontrawl fisheries, seasonal apportionments thereof, and the

manner in which these seasonal apportionments will be managed must be

published in the Federal Register for public review and comment.

Normally, annual bycatch management specifications are established

through the annual groundfish specification process undertaken by NMFS

and the Council during the September and December Council meetings each

year (Secs. 672.20(c), 672.20(f)(1), 675.20(a)(2), and 675.21(b)(3)).

This proposed action to revise the management of the GOA hook-and-line

and BSAI nontrawl halibut bycatch limits, if approved, likely will not

be effective until early in 1995. In order not to delay the

promulgation of timely specifications for the 1995 fishing year that

would be consistent with the adoption of the proposed regulations, this

notice proposes a 1995 halibut bycatch limit and fishery bycatch

allowances for the GOA hook-and-line gear fisheries and the 1995

fishery bycatch allowances for the BSAI nontrawl fisheries, seasonal

apportionments thereof, and the manner in which these seasonal

apportionments would be managed, all under these proposed regulations.

These specifications were recommended by the Council during its

September 1994 meeting, and are set out in Tables 1 and 2.

The Council recommended that the 1995 GOA and BSAI sablefish hook-

and-line gear fisheries be exempt from halibut bycatch restrictions.

The Council further recommended that the halibut bycatch mortality

limit for the 1995 GOA hook-and-line gear fisheries be set at 300

metric tons (mt). During 1994, the hook-and-line gear fisheries for

Pacific cod and rockfish accounted for about 150 mt of halibut bycatch

mortality. The mortality limit of 300 mt was recommended for 1995 to

accommodate increased bycatch needs that are anticipated in the Pacific

cod fishery, because of an increase in the proposed Pacific cod TAC

from 50,400 mt in 1994 to 103,000 mt in 1995. Although the Council did

not make a recommendation for the apportionment of the proposed 300-mt

bycatch limit between the DSR fishery in the Southeast Outside District

of the Eastern Regulatory Area and the other GOA hook-and-line gear

fisheries, NMFS assumes the Council intended to propose a 10-mt halibut

bycatch allowance for the DSR fishery. This apportionment has been

specified for the DSR fishery since 1993. The remaining 290 mt of the

GOA halibut bycatch limit is apportioned seasonally to support the

Pacific cod and rockfish fisheries. These seasonal apportionments are

set out in Table 1 and are based on the seasonal distribution of

fishing effort and anticipated halibut bycatch needs.

Table 2 sets out the proposed BSAI nontrawl fishery bycatch

allowances and the Council's intent to exempt the BSAI sablefish hook-

and-line gear fishery from halibut bycatch restrictions in 1995. NMFS

notes that separate halibut bycatch allowances may be established for

the GOA and BSAI sablefish hook-and-line gear fisheries in future years

under the annual specification process if halibut discard mortality in

these fisheries is not reduced in the manner anticipated under the IFQ

program.

Table 1.--Proposed 1995 Pacific Halibut Bycatch Limit, Bycatch

Allowances, and Seasonal Apportionments thereof, for the GOA Hook-and-

line (H&L) Gear Fisheries

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

Halibut bycatch mortality

Fishery allowance

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Demersal shelf rockfish..................... 10 mt.

Sablefish................................... exempt.

Other H&L gear fisheries....................

Jan. 1-May 17............................... 77 mt or 26.7 percent.

May 18-Aug. 31.............................. 194 mt or 66.7 percent.

Sep. 1-Dec. 31.............................. 19 mt or 6.7 percent.

Total 1995 bycatch allowance specified 290 mt.

for other H&L fisheries.

Grand total............................. 300 mt.

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Table 2.--Proposed 1995 Pacific Halibut Bycatch Allowances, and Seasonal

Apportionments thereof, for the BSAI Nontrawl Fisheries.

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

Halibut bycatch mortality

Fishery allowance

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Pacific cod hook-and-line\1\................

Jan. 1-Apr. 30............................ 685 mt.

May 1-Aug. 31............................. 40 mt.

Sep. 1-Dec. 31............................ remainder.

Total................................... 725 mt.

Sablefish hook-and-line................... exempt.

Jig gear.................................. exempt.

Other nontrawl............................ 175 mt.

Groundfish pot gear....................... exempt.

Grand Total............................. 900 mt.

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\1\ Any unused portion of the first season's halibut bycatch allowance

specified for the Pacific cod hook-and-line gear fishery would be

reapportioned to the third seasonal allowance. Any overage of a

seasonal bycatch allowance specified for this fishery would be

deducted from the remaining seasonal bycatch allowances specified for

1995 in amounts proportional to these remaining seasonal bycatch

allowances.

Public comment and testimony on proposed management of the GOA and

BSAI halibut bycatch mortality limit during 1995 was reviewed by the

Council during its December 1994 meeting. The Council recommended final

halibut bycatch allowances for the GOA hook-and-line gear fisheries and

the BSAI nontrawl fisheries, seasonal apportionments thereof, and the

manner in which these seasonal apportionments are managed during the

December meeting that, pending approval by NMFS, would be published

with the final rule implementing this proposed action.

Classification

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Small Business Administration

that this proposed rule, if adopted, would not have a significant

economic impact on a substantial number of small entities. Although the

proposed rule could affect nearly all participants in the BSAI nontrawl

fisheries and the GOA hook-and-line sablefish fishery, it would not

decrease revenues by more than 5 percent. Thus, while a substantial

number of small entities would be affected, the effect is not expected

to be economically significant.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Parts 672 and 675

Fisheries, Reporting and recordkeeping requirements.

Dated: December 21, 1994.

Charles Karnella,

Acting Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR parts 672 and 675

are proposed to be amended as follows:

PART 672--GROUNDFISH OF THE GULF OF ALASKA

1. The authority citation for part 672 continues to read as

follows:

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

2. In Sec. 672.20, paragraphs (f)(1)(ii) and (f)(3)(ii) are revised

to read as follows:

Sec. 672.20 General limitations.

* * * * *

(f) * * *

(1) * * *

(ii) Hook-and-line and pot gear fisheries. (A) After consultation

with the Council, NMFS will publish notification in the Federal

Register specifying the proposed and final halibut PSC limits for

vessels using hook-and-line gear. The notification also may specify a

halibut PSC limit for the pot gear fisheries. The halibut PSC limit

specified for vessels using hook-and-line gear may be further

apportioned, as bycatch allowances, to the fishery categories listed in

paragraph (f)(1)(ii)(B) of this section, based on each category's

proportional share of the anticipated halibut bycatch mortality during

a fishing year and the need to optimize the amount of total groundfish

harvest under the halibut PSC limit. The sum of all bycatch allowances

will equal the halibut PSC limit established under this paragraph

(f)(1)(ii).

(B) For purposes of apportioning the hook-and-line halibut PSC

limit among fisheries, the following fishery categories are specified

and defined in terms of round-weight equivalents of those groundfish

species for which a TAC has been specified under paragraphs (a) and (c)

of this section:

(1) Demersal shelf rockfish in the Southeast Outside District.

Fishing with hook-and-line gear in the Southeast Outside District of

the Eastern Regulatory Area of the Gulf of Alaska during any weekly

reporting period that results in a retained catch of demersal shelf

rockfish that is greater than the retained amount of any other fishery

category defined under this paragraph (f)(1)(ii)(B).

(2) Sablefish fishery. Fishing with hook-and-line gear during any

weekly reporting period that results in a retained catch of sablefish

that is greater than the retained amount of any other fishery category

defined under this paragraph (f)(1)(ii)(B).

(3) Other hook-and-line gear fishery. Fishing with hook-and-line

gear during any weekly reporting period that results in a retained

catch of groundfish and is not a demersal shelf rockfish fishery or a

sablefish fishery as defined under paragraphs (f)(1)(ii)(B)(1) and (2)

of this section.

* * * * *

(3) * * *

(ii) Hook-and-line fisheries. If, during the fishing year, the

Regional Director determines that U.S. fishing vessels participating in

any of the three hook-and-line gear fishery categories listed in

paragraph (f)(1)(ii)(B) of this section will catch the Pacific halibut

bycatch allowance, or apportionments thereof, specified for that

fishery category under paragraph (f)(1) of this section, NMFS will

publish notification in the Federal Register closing the entire Gulf of

Alaska or the applicable regulatory area or district to directed

fishing with hook-and-line gear for each species and/or species group

that comprises that fishing category.

* * * * *

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

3. The authority citation for part 675 continues to read as

follows:

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

4. In Sec. 675.21, paragraph (b)(2)(ii)(B) and (C) are redesignated

as paragraphs (b)(2)(ii)(D) and (E) respectively; paragraphs (b)(3)(ii)

and (b)(3)(iii) are redesignated as paragraphs (b)(3)(ii)(A) and

(b)(3)(ii)(B), respectively; newly redesignated paragraph (b)(2)(ii)(E)

and paragraphs (b)(4) and (d) are revised; and new paragraphs

(b)(2)(ii)(B), (b)(2)(ii)(C), (b)(3)(ii) heading, and (b)(3)(iii) are

added to read as follows:

Sec. 675.21 Prohibited species catch (PSC) limitations.

* * * * *

(b) * * *

(2) * * *

(ii) * * *

(B) Sablefish hook-and-line fishery. Fishing with hook-and-line

gear during any weekly reporting period that results in a retained

catch of sablefish that is greater than the retained amount of any

other groundfish species.

(C) Groundfish jig gear fishery. Fishing with jig gear during any

weekly reporting period that results in a retained catch of groundfish.

* * * * *

(E) Other nontrawl fisheries. Fishing for groundfish with nontrawl

gear during any weekly reporting period that results in a retained

catch of groundfish and does not qualify as a Pacific cod hook-and-line

fishery, a sablefish hook-and-line fishery, a groundfish jig gear

fishery, or a groundfish pot gear fishery as defined under this

paragraph (b)(2)(ii).

(3) * * *

(ii) Management of seasonal trawl fishery bycatch allowances.

* * * * *

(iii) Management of seasonal nontrawl fishery bycatch allowances.

(A) Any unused portion of a seasonal fishery bycatch allowance made

under paragraph (b)(3)(i) of this section will be reapportioned to the

fishery's remaining seasonal bycatch allowances during a current

fishing year in a manner determined by NMFS, after consultation with

the Council, based on the types of information listed under paragraph

(b)(3)(i) of this section.

(B) If a seasonal apportionment of a fishery bycatch allowance made

under paragraph (b)(3)(i) of this section is exceeded, the amount by

which the seasonal apportionment is exceeded will be deducted from the

fishery's remaining seasonal bycatch allowances during a current

fishing year in a manner determined by NMFS, after consultation with

the Council, based on the types of information listed under paragraph

(b)(3)(i) of this section.

(4) NMFS will publish annually in the Federal Register the proposed

and final bycatch allowances, seasonal apportionments thereof, and the

manner in which seasonal apportionments of nontrawl fishery bycatch

allowances will be managed, as required under Sec. 675.20(a)(7). Public

comment will be accepted by NMFS on the proposed bycatch allowances,

seasonal apportionments thereof, and the manner in which seasonal

apportionments of nontrawl fishery bycatch allowances will be managed,

for a period of 30 days after publication in the Federal Register.

* * * * *

(d) Attainment of a Pacific halibut nontrawl fishery bycatch

allowance. If, during the fishing year, the Regional Director

determines that U.S. fishing vessels participating in any of the

nontrawl fishery categories listed in paragraphs (b)(2)(ii) (A) through

(E) of this section will catch the Pacific halibut bycatch allowance,

or seasonal apportionment thereof, specified for that fishery category

under paragraph (b) of this section, NMFS will publish in the Federal

Register the closure of the entire Bering Sea and Aleutian Islands

management area to directed fishing with the relevant gear type for

each species and/or species group in that fishery category.

[FR Doc. 94-32020 Filed 12-28-94; 8:45 am]

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