Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 1999 Harvest Specifications for Groundfish

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981222313-8313-01; I.D. 121098D]

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea

and Aleutian Islands; Proposed 1999 Harvest Specifications for

Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed 1999 specifications for groundfish and associated

management measures; apportionment of reserves; request for comments.

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SUMMARY: NMFS proposes 1999 harvest specifications and prohibited

species bycatch allowances for the groundfish fishery of the Bering Sea

and Aleutian Islands management area (BSAI). This action is necessary

to establish harvest limits and associated management measures for

groundfish during the 1999 fishing year and to accomplish the goals and

objectives of the Fishery Management Plan for the Groundfish Fishery of

the Bering Sea and Aleutian Islands Area (FMP). The intended effect of

this action is to conserve and manage the groundfish resources in the

BSAI and to provide an opportunity for public participation in the

annual groundfish specification process.

DATES: Comments must be received by January 25, 1999.

ADDRESSES: Comments must be sent to Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,

P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel.

The preliminary 1999 Stock Assessment and Fishery Evaluation (SAFE)

report, dated September 1998, 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: Shane Capron, 907-586-7228 or

[email protected].

SUPPLEMENTARY INFORMATION: Background for the 1999 Proposed Harvest

Specifications.

Groundfish fisheries in the BSAI are governed by Federal

regulations at 50 CFR part 679 that implement the FMP. The Council

prepared the FMP and NMFS approved it under the Magnuson-Stevens

Fishery Conservation and Management Act. General regulations governing

U.S. fisheries also appear at 50 CFR part 600.

The FMP and its implementing regulations require NMFS, after

consultation with the Council, to specify annually the total allowable

catch (TAC) for each target species and the ``other species'' category,

the sum of which must be within the optimum yield 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, and seasonal allowances of the pollock TAC. The

proposed specifications set forth in Tables 1 through 7 of this

proposed action satisfy these requirements. For 1999, the proposed sum

of TACs is 1.925 million mt. Tables 8 through 10 specify limitations

for catcher/processor vessels listed in section 208(e)(1) through (20)

of the American Fisheries Act (AFA) contained within the Omnibus

Appropriations Bill for FY 99; Pub. L. 105-277. Under

Sec. 679.20(c)(3), NMFS will publish the final annual specifications

for 1999 after considering: (1) comments received within the comment

period (see DATES) and (2) consultations with the Council at its

December 9, 1998 meeting.

Regulations at Sec. 679.20(c)(2)(ii) require that one-fourth of

each proposed initial TAC (ITAC) amount and apportionment thereof, one-

fourth of each Community Development Quota (CDQ) reserve established

under Sec. 679.20(b)(1)(iii), one-fourth of each proposed PSC allowance

established under Sec. 679.21, and the first seasonal allowance of

pollock become available at 0001 hours Alaska local time (A.l.t.),

January 1, and remains available until superseded by the final

specifications. If approved by NMFS, proposed management measures for

the Atka mackerel fishery (63 FR 60288, November 9, 1998) will also

require that the first seasonal allowance of Atka mackerel TAC be

specified on an interim basis. Regulations at Sec. 679.20(c)(2)(ii) do

not provide for an interim specification for either the hook-and-line

and pot gear sablefish CDQ reserve or for sablefish managed under the

Individual Fishing Quota management plan.

Prior to January 1, 1999, NMFS will publish in the Federal

Register, the interim TAC specifications and apportionments thereof for

the 1999 fishing year. These interim specifications are scheduled to

become effective 0001 hours, A.l.t. January 1, 1999, and remain in

effect until superseded by the final 1999 harvest specifications.

Proposed Acceptable Biological Catch (ABC) and TAC Specifications

The proposed ABC levels are based on the best available scientific

information, including projected biomass trends, information on assumed

distribution of stock biomass, and revised technical methods used to

calculate stock biomass. In general, the development of ABCs and

overfishing levels involves sophisticated statistical analyses of fish

populations and is based on a successive series of six levels, or

tiers, of reliable information available to fishery scientists.

The Bering Sea Groundfish Plan Team (Plan Team) acknowledged that

for purposes of the proposed 1999 Overfishing Levels and ABC amounts,

the best information currently available is set forth in the final SAFE

report for the 1998 BSAI groundfish fisheries dated November 1997. The

Plan Team further acknowledged that information on the status of stocks

will be updated with the 1998 survey results and reconsidered by the

Plan Team at its November 1998 meeting. The Plan Team's preliminary

recommendation was to rollover 1998 ABC, overfishing,

[[Page 71868]]

and TAC amounts and to reconsider these amounts at the December 1998

Council meeting after new status of stocks information has been

incorporated by the Plan Team into a final SAFE report.

At its October 1998 meeting, the Scientific and Statistical

Committee (SSC), Advisory Panel (AP), and Council reviewed the Plan

Team's preliminary recommendations. With one exception, the SSC, AP,

and Council concurred with the Plan Team's recommendations. The Council

recommended a 75,000 mt reduction in the AP- and SSC-recommended Bering

Sea pollock ABC and TAC, from 1.110 million mt to 1.035 million mt.

This reduction was recommended in consideration of preliminary 1998

survey data that indicated decreased biomass abundance of this stock.

None of the Council's recommended TACs for 1999 exceed the recommended

ABC for any species category. Therefore, NMFS finds that the

recommended TACs are consistent with the best available information on

the biological condition of the groundfish stocks.

Table 1 lists the proposed 1999 Overfishing Levels, ABC, and TAC

amounts for groundfish in the BSAI. The proposed apportionment of TAC

amounts among fisheries and seasons is discussed here.

Table 1.--Proposed 1999 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ

Reserve Allocation, and Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area (BSAI) \1\

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

CDQ Overfishing

Species Area ABC TAC ITAC \2\ reserve \3\ level

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

Pollock \4\.................. Bering Sea (BS). 1,035,000 1,035,000 875,610 103,500 2,060,000

Aleutian Islands 23,800 23,800 20,135 2,380 31,700

(AI).

Bogoslof 6,410 1,000 846 100 8,750

District.

Pacific cod.................. BSAI............ 210,000 210,000 178,500 15,750 336,000

Sablefish \5\................ BS.............. 1,300 1,300 553 179 2,160

AI.............. 1,380 1,380 293 233 2,230

Atka mackerel................ Total........... 64,300 64,300 54,655 4,823 134,000

Western AI...... 27,000 27,000 22,950 2,025

Central AI...... 22,400 22,400 19,040 1,680

Eastern AI/BS... 14,900 14,900 12,665 1,118

Yellowfin sole............... BSAI............ 220,000 220,000 187,000 16,500 314,000

Rock sole.................... BSAI............ 312,000 100,000 85,000 7,500 449,000

Greenland turbot............. Total........... 15,000 15,000 12,750 1,125 22,300

BS............. 10,050 8,543 754

AI.............. 4,950 4,208 371

Arrowtooth flounder.......... BSAI............ 147,000 16,000 13,600 1,020 230,000

Flathead sole................ BSAI............ 132,000 100,000 85,000 7,500 190,000

Other flatfish \6\........... BSAI............ 164,000 89,434 76,019 6,708 253,000

Pacific ocean perch.......... BS.............. 1,400 1,400 1,190 105 3,300

AI Total........ 12,100 12,100 10,285 908 20,700

Western AI...... 5,580 5,580 4,743 419

Central AI...... 3,450 3,450 2,933 259

Eastern AI...... 3,070 3,070 2,610 230

Other red rockfish \7\....... BS.............. 267 267 227 20 356

Sharpchin/Northern........... AI.............. 4,230 4,230 3,596 317 5,640

Shortraker/rougheye.......... AI.............. 965 965 820 72 1,290

Other rockfish \8\........... BS.............. 369 369 314 28 492

AI.............. 685 685 582 51 913

Squid........................ BSAI............ 1,970 1,970 1,675 126 2,620

Other species \9\............ BSAI............ 25,800 25,800 21,930 1,645 134,000

Non-specific CDQ \10\........ BSAI............ 492

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Total.................... .............. 2,379,976 1,925,000 1,630,579 171,081 4,202,451

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

\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) Area

unless otherwise specified. With the exception of pollock, and for the purpose of these specifications, the BS

includes the Bogoslof District.

\2\ Except for pollock and 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.

\3\ Except for pollock and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the

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)).

\4\ Ten percent of the pollock TAC is allocated to the pollock CDQ fishery under paragraph 206(a) of the AFA.

After deduction of the pollock CDQ reserve, a 6 percent incidental catch reserve (for pollock harvested in

other fisheries) is then deducted (see section 206(b) of the AFA), the result is the 1999 proposed ITAC for

pollock.

\5\ 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. 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)).

\6\ ``Other flatfish'' includes all flatfish species, except for Pacific halibut (a prohibited species),

flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.

\7\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern rockfish.

\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,

northern, shortraker, and rougheye rockfish.

\9\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec. 679.2 are

not included in the ``other species'' category.

\10\ Fifteen percent of the groundfish CDQ reserve established for squid, arrowtooth flounder, and ``other

species'' is allocated to a non-specific CDQ reserve found at Sec. 679.31(g).

[[Page 71869]]

Reserves

Regulations at Sec. 679.20(b)(1)(i) require that 15 percent of the

TAC for each target species or species group, except for the hook-and-

line and pot gear allocation of sablefish, be placed in a non-specified

reserve. The AFA supersedes this provision for pollock be requiring

that the 1999 TAC for this species be fully allocated among the CDQ

program, incidental catch allowance, and inshore, catcher/processor,

and mothership directed fishery allowances.

Regulations at Sec. 679.20(b)(1)(iii) require that one half of each

TAC amount placed in the non-specified reserve be allocated to the

groundfish CDQ reserve, and that 20 percent of the hook-and-line and

pot gear allocation of sablefish be allocated to the fixed gear

sablefish CDQ reserve. As discussed below section 206(a) of the AFA

requires that 10 percent of the pollock TAC be allocated to the pollock

CDQ reserve. With the exception of the hook-and-line and pot gear

sablefish CDQ reserve, the CDQ reserves are not further apportioned by

gear. Fifteen percent of the groundfish CDQ reserve established for

squid, arrowtooth flounder and ``other species'' is allocated to a non-

specific CDQ reserve. Regulations governing the use and release of the

non-specific CDQ reserve are found at Sec. 679.31(g). Regulations at

Sec. 679.21(e)(1)(i) also require that 7.5 percent of each PSC limit,

with the exception of herring, be withheld as a PSQ reserve for the CDQ

fisheries. Regulations governing the management of the CDQ and PSQ

reserves are set forth at Sec. 679.30 and Sec. 679.31.

The remainder of the non-specified 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.

Allocation of the Pollock TAC

Pollock Allocations under the AFA

Section 206(a) of the AFA requires that 10 percent of the BSAI

pollock TAC be allocated as a directed fishing allowance to the CDQ

program. The remainder of the BSAI pollock TAC, after the subtraction

of an allowance for the incidental catch of pollock by vessels,

including CDQ vessels, harvesting other groundfish species, is

allocated as follows; 50 percent to catcher vessels harvesting pollock

for processing by the inshore component, 40 percent to catcher/

processors and catcher vessels harvesting pollock for processing by

catcher/processors in the offshore component, and 10 percent to catcher

vessels harvesting pollock for processing by motherships in the

offshore component.

For 1999, NMFS is proposing an incidental catch allowance of 6

percent of the pollock TAC after subtraction of the 10 percent CDQ

reserve. This allowance was determined based on an examination of the

incidental catch of pollock in non-pollock target fisheries from 1994

through 1997. During this 4-year period, the incidental catch of

pollock as a percentage of the TAC ranged from a low of 4.9 percent in

1996 to a high of 6.3 percent in 1997 with a 4-year average of 5.6

percent. NMFS acknowledges that the incidental catch of pollock in

other fisheries declined in 1998 to about 3 percent of the TAC as a

result of new mandatory retention and utilization standards for this

species (Sec. 679.27). However, uncertainty about continued low

incidental pollock catch in other fisheries, and mandates under the AFA

to optimize the opportunity for the harvest of the allocated pollock

directed fishery allowances, support a conservative incidental catch

allowance. NMFS intends to initiate rulemaking in 1999 that would

provide NMFS with the authority to reallocate a portion of the

incidental catch reserve of pollock to the three components of the

directed fishery in the proportions specified under the AFA if NMFS

determines that the projected amount will not be needed in the other

groundfish fisheries.

The AFA also contains three specific pollock allocations that must

be specified annually. First, paragraph 208(e)(21) of the AFA specifies

that catcher/processors qualifying to fish for pollock under this

paragraph are prohibited from harvesting in the aggregate a total of

more than one-half (0.5) percent of the pollock allocated to vessels

for processing by offshore catcher/processors. Second, paragraph 210(c)

of the AFA requires that not less than 8.5 percent of the pollock

allocated to vessels for processing by offshore catcher/processors be

available for harvest only by offshore catcher vessels harvesting

pollock for processing by offshore catcher/processors listed in section

208(b). Third, paragraph 210(e)(1) prohibits any particular individual,

corporation, or other entity from harvesting a total of more than 17.5

percent of the pollock available to be harvested in the directed

pollock fishery. These allocations and catch limits are proposed in

Table 2.

When recommending seasonal allowances of the pollock TAC, the

Council considered the factors specified in section 14.4.10 of the FMP.

Likewise, in proposing seasonable allowances, NMFS also considered

these factors. Under Sec. 679.20(a)(5)(i)(A), the pollock ITAC for each

subarea or district of the BSAI is divided into two seasonal

allowances. The first allowance is made available for directed fishing

from January 1 to April 15 (A season), and the second allowance is made

available from September 1 until November 1 (B season). The Council

recommended that the seasonal allowances for the Bering Sea pollock A

and B seasons be specified at 45 percent and 55 percent of the ITAC

amounts, respectively (Table 2). As in past years, 100 percent of the

pollock ITAC amounts specified for the Aleutian Islands subarea and the

Bogoslof District would be apportioned to the A season, with any TAC

remaining following the end of A season made available during the B

season.

Table 2.--Proposed Seasonal Allowances of the Inshore, Catcher/Processor, and Mothership Component Allocations

of Pollock TAC Amounts \1\

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

Incidental Directed

Subarea & component TAC catch CDQ fishing A season B season

allowance reserve \3\ allowance \4\ \5\

-----------------------------------------------------\2\--------------------------------------------------------

Bering Sea:

Inshore...................... ........... ............ ........... 437,805 197,012 240,793

Mothership................... ........... ............ ........... 87,561 39,402 48,159

Offshore catcher/processor

and catcher vessel total.... ........... ............ ........... 350,244 157,610 192,634

Listed catcher/processors

\6\..................... ........... ............ ........... ........... 144,213 176,260

Listed catcher vessels

\6\..................... ........... ............ ........... ........... 13,397 16,374

[[Page 71870]]

Section 208(e)(21)

vessels \7\............. ........... ............ ........... ........... 788 963

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Total................ 1,035,000 55,890 103,500 875,610 394,025 481,586

Aleutian Islands:

Inshore...................... ........... ............ ........... 10,067 10,067 \8\

Mothership................... ........... ............ ........... 2,013 2,013 \8\

Offshore catcher/processor

and catcher vessel total.... ........... ............ ........... 8,054 8,054 \8\

Listed catcher/processors

\6\..................... ........... ............ ........... ........... 7,369 \8\

Listed catcher vessels

\6\..................... ........... ............ ........... ........... 685 \8\

Section 208(e)(21)

vessels\7\.............. ........... ............ ........... ........... 40 \8\

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Total................ 23,800 1,285 2,380 20,135 20,135 \8\

Bogoslof District:

Inshore...................... ........... ............ ........... 423 423 \8\

Mothership................... ........... ............ ........... 85 85 \8\

Offshore catcher/processor

and catcher vessel total.... ........... ............ ........... 338 338 \8\

Listed catcher/processors

\6\..................... ........... ............ ........... ........... 310 \8\

Listed catcher vessels

\6\..................... ........... ............ ........... ........... 29 ...........

Section 208(e)(21)

vessels \7\............. ........... ............ ........... ........... 2 \8\

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Total................ 1,000 54 100 846 846 \8\

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\1\ After subtraction for the CDQ reserve and the incidental catch allowance, the pollock TAC is allocated as

follows: inshore component--50 percent, catcher/processor component--40 percent, and mothership component--10

percent.

\2\ The pollock incidental catch allowance is 6 percent of the TAC after subtraction of the CDQ reserve.

\3\ Under paragraph 206(a) of the AFA, the CDQ reserve for pollock is ten percent.

\4\ January 1 through April 15.

\5\ September 1 until November 1.

\6\ Section 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance

allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels

delivering to listed catcher/processors.

\7\ The AFA requires that vessels described in paragraph 208(e)(21) be prohibited from exceeding a harvest

amount of one-half of one percent of the directed fishing allowance allocated to vessels for processing by

listed catcher/processors.

\8\ Remainder.

Allocation of the Atka Mackerel TAC

Under Sec. 679.20(a)(8), up to 2 percent of the Eastern Aleutian

Islands district and the Bering Sea subarea Atka mackerel ITAC may be

allocated to the jig gear fleet. The amount of this allocation is

determined annually by the Council based on several criteria, including

the anticipated harvest capacity of the jig gear fleet. At its October

1998 meeting, the Council proposed an allocation of 1 percent of the

Atka mackerel TAC in the Eastern Aleutian Islands district/Bering Sea

subarea to the jig gear fleet. Based on a proposed ITAC of 12,665 mt,

the jig gear allocation would be 127 mt.

Due to concerns about the potential impact of the Atka mackerel

fishery on Steller sea lions and their critical habitat, NMFS published

a proposed rule on November 9, 1998 (63 FR 60288) that would implement

temporal and spatial changes in the Atka mackerel fisheries. This

proposed rule would divide the BSAI Atka mackerel ITAC into two equal

seasonal allowances. The first allowance would be made available for

directed fishing from January 1 to April 15 (A season), and the second

seasonal allowance would be made available from September 1 to November

1 (B season)(see Table 3). Additionally, fishing with trawl gear in

areas defined as Steller sea lion critical habitat (see Table 1, Table

2, and Figure 4 of 50 CFR 226) within the Western and Central Aleutian

Islands subareas would be prohibited during each Atka mackerel season

once specified percentages of the TAC have been reached. In 1999, the

specified catch percentage would be 65 percent of each seasonal

allowance for the Western Aleutian Islands and 80 percent of each

seasonal allowance for the Central Aleutian Islands.

For the Eastern Aleutian Islands and Bering Sea subarea, there

would be no critical habitat closures based on Atka mackerel catch

percentages inside critical habitat areas under the proposed rule.

However, the proposed rule does include a variety of changes to current

critical habitat designations in both time and space within the

Aleutian Islands District. See the proposed rule published on November

9, 1998 (63 FR 60288) for a detailed description of proposed regulatory

changes to the Atka mackerel fishery.

Table 3.--Proposed 1999 Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC1, 2

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

Seasonal apportionment \3\

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

A season \4\ B season \5\

Subarea & component TAC CDQ reserve ITAC ---------------------------------------------------

Inside CH Inside CH

\6\ Total \6\ Total

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

Western Aleutian Islands (543)............................... 27,000 2,025 22,950 7,459 11,475 7,459 11,475

Central Aleutian Islands (542)............................... 22,400 1,680 19,040 7,616 9,520 7,616 9,520

[[Page 71871]]

Eastern AI/BS \7\............................................ 14,900 1,118 12,665

Jig (1%) \8\............................................. ........... ........... 127 ........... 127

Other gear (99%)......................................... ........... ........... 12,538 ........... 6,269 ........... 6,269

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

Total................................................ 64,300 4,823 54,655 ........... 27,391 ........... 27,264

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\1\ Amounts are in metric tons.

\2\ Based on proposed regulations published in the Federal Register on November 9, 1998 (63 FR 60288).

\3\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season.

\4\ January 1 through April 15.

\5\ September 1 through November 1.

\6\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for fishing inside critical habitat (Table 1,

Table 2, and Figure 4 of 50 CFR part 226). In 1999, the percentage of TAC available for fishing inside critical habitat is 65 percent in the Western

AI and 80 percent in the Central AI. When these critical habitat allowances are reached, critical habitat areas will be closed to trawling for the

remainder of the fishing season.

\7\ Eastern Aleutian Islands District and Bering Sea subarea.

\8\ Regulations at Sec. 679.20(a)(8) require that up to 2 percent of the Eastern AI area ITAC be allocated to the Jig gear fleet. The amount of this

allocation is 1 percent and was determined by the Council based on anticipated harvest capacity of the Jig gear fleet. The jig gear allocation is not

apportioned by season.

Allocation of the Pacific Cod TAC

Under Sec. 679.20(a)(7), 2 percent of the Pacific cod ITAC is

allocated to vessels using jig gear, 51 percent to vessels using hook-

and-line or pot gear, and 47 percent to vessels using trawl gear. The

portion of the Pacific cod TAC allocated to trawl gear is further

allocated 50 percent to catcher vessels and 50 percent to catcher/

processor vessels. At its October 1998 meeting, the Council recommended

seasonal allowances for the portion of the Pacific cod TAC allocated to

the hook-and-line and pot gear fisheries. The seasonal allowances are

authorized under Sec. 679.20(a)(7)(iv) and are based on the criteria

set forth at Sec. 679.20(a)(7)(iv)(B). They are intended to provide for

the harvest of Pacific cod when flesh quality and market conditions are

optimum and when Pacific halibut bycatch rates are low. Table 4 lists

the proposed 1999 allocations and seasonal apportionments of the

Pacific cod ITAC. Consistent with Sec. 679.20(a)(7)(iv)(C), any portion

of the first seasonal allowance of the hook-and-line and pot gear

allocation that is not harvested by the end of the first season will

become available on September 1, the beginning of the third season.

Table 4.--Proposed 1999 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC

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

Seasonal apportionment

Gear Percent Share ITAC ----------------------------------------------------

ITAC (mt) Date Percent Amount

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

Jig.............................. 2 3,570 Jan 1-Dec 31............. 100 3,570

Hook-and-line/pot gear........... 51 91,035 Jan 1-Apr 30 \1\......... 71 65,000

May 1-Aug 31............. 15 13,784

Sep 1-Dec 31............. 13 12,251

Trawl gear....................... 47 83,895 Jan 1-Dec 31............. 100 83,895

Catcher vessel (50%)......... 41,948

Catcher/processor (50%)...... 41,948

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

Total.................... 100 178,500

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

\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.

Allocation of the Shortraker and Rougheye Rockfish TAC

Under Sec. 679.20(a)(9), the ITAC of shortraker rockfish and

rougheye rockfish specified for the Aleutian Islands subarea is

allocated 30 percent to vessels using non-trawl gear and 70 percent to

vessels using trawl gear. Based on a proposed ITAC of 820 mt, the trawl

allocation would be 574 mt and the non-trawl allocation would be 246

mt.

Sablefish Gear Allocation

Regulations at Sec. 679.20(a)(4) require that sablefish TACs for

the BSAI subareas be allocated between trawl and hook-and-line or pot

gear types. Gear allocations of TACs are established as follows: Bering

Sea subarea: Trawl gear--50 percent and hook-and-line/pot gear--50

percent; and Aleutian Islands subarea: Trawl gear--25 percent and hook-

and-line/pot gear--75 percent. Regulations at Sec. 679.20(b)(1)(iii)(B)

require that 20 percent of the hook-and-line and pot gear allocation of

sablefish be withheld as sablefish CDQ. Additionally, regulations at

Sec. 679.20(b)(iii)(A) require that 7.5 percent of the trawl allocation

of sablefish (one half of the reserve) be withheld as groundfish CDQ

reserve. Gear allocations of the proposed sablefish TAC and CDQ reserve

amounts are specified in Table 5.

[[Page 71872]]

Table 5.--1999 Gear Shares and CDQ Reserve of BSAI Sablefish TACS

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

Percent of Share of

Subarea & gear TAC TAC (mt) ITAC(mt) CDQ reserve

--------------------------------------------------------------------------------------------\1\-----------------

Bering Sea:

Trawl \2\............................................... 50 650 553 49

Hook-&-line/pot gear\3\................................. 50 650 N/A 130

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

Total............................................... 1,300 553 179

Aleutian Islands:

Trawl................................................... 25 345 293 26

Hook-&-line/pot gear.................................... 75 1,035 N/A 207

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

Total............................................... ........... 1,380 293 233

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

\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.

The ITAC is the remainder of the TAC after the subtraction of these reserves.

\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5

percent of the specified TAC) is reserved for the multi-species CDQ program.

\3\ 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 in Sec. 679.20(b)(1) do not provide for

the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.

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

and Herring

PSC limits for halibut are set in regulations at Sec. 679.21(e).

For the BSAI trawl fisheries, the limit is 3,775 mt mortality of

Pacific halibut (Sec. 679.21(e)(1)(v)) and for non-trawl fisheries, the

limit is 900 mt mortality (Sec. 679.21(e)(2)(i)). PSC limits for crab

and herring are specified annually based on abundance and spawning

biomass.

For 1999, the proposed PSC limit of red king crab in Zone 1 for

trawl vessels is 200,000 crab. Based on the criteria set out at

Sec. 679.21(e)(1)(ii), the number of mature female red king crab was

estimated in 1998 to be above the threshold of 8.4 million animals, and

the effective spawning biomass is estimated to be 56 million pounds

(greater than the 55 million pound threshold

level)(Sec. 679.21(e)(1)(ii)(C)).

The proposed 1999 C. bairdi PSC limit for trawl gear is 750,000

animals in Zone 1 and 1,878,000 animals in Zone 2. These limits are

based on the most recent survey data from 1998 and on the criteria set

out at Sec. 679.21(e)(1)(iii). In Zone 1, C. bairdi abundance was

estimated to be greater than 150 million and less than 270 million

animals (Sec. 679.21(e)(1)(ii)(A)(2)). In Zone 2, C. bairdi abundance

was estimated to be less than 175 million animals, and therefore

calculated at 1.2 percent of the abundance level of 156.6 million

crabs, resulting in the limit of 1.878 million crabs

(Sec. 679.21(e)(1)(iii)(B)(2)).

Under Sec. 679.21(e)(1)(iv) the PSC limit for C. opilio is based on

total abundance as indicated by the NMFS standard trawl survey. The C.

opilio PSC limit is set at 0.1133 percent of the 1998 Bering Sea

abundance index, with a minimum PSC of 4.5 million crab and a maximum

PSC of 13 million crab. Based on the 1998 survey estimate of 3.233

billion crabs, the calculated limit would be 3,663,000 crabs. Because

this limit falls below the minimum level, the proposed 1999 C. opilio

PSC limit is 4.5 million crabs.

The PSC limit of Pacific herring caught while conducting any trawl

operation for groundfish in the BSAI is 1 percent of the annual eastern

Bering Sea herring biomass (Sec. 679.21(e)(1)(vi)). NMFS's best

estimate of 1999 herring biomass is 168,512 mt. This amount was derived

using 1998 survey data and an age-structured biomass projection model

developed by the Alaska Department of Fish and Game (ADF&G). Therefore,

the proposed herring PSC limit for 1999 is 1,685 mt.

Under Sec. 679.21(e)(1)(i) 7.5 percent of each PSC limit specified

for crab and halibut is reserved as a PSQ reserve for use by the

groundfish CDQ program. Regulations at Sec. 679.21(e)(3) require the

apportionment of each trawl PSC limit into PSC bycatch allowances for

seven specified fishery categories. Regulations at

Sec. 679.21(e)(4)(ii) authorize the apportionment of the non-trawl

halibut PSC limit among five fishery categories. The proposed fishery

bycatch allowances for the trawl and non-trawl fisheries are listed in

Table 6.

Regulations at Sec. 679.21(e)(3)(ii)(B) establish criteria under

which NMFS must specify an amount of the annual red king crab bycatch

limit for the Red King Crab Savings Subarea (RKCSS). The Council has

proposed that this amount be set at 10,000 animals based on the need to

optimize the harvest of rock sole early in the fishing year. This

amount is derived by reducing the Council's red king crab bycatch

allowance proposed for the rock sole/other flatfish/flathead sole

fishery category by 10,000 red king crabs.

Regulations at Sec. 679.21(e)(4)(ii) authorize exemption of

specified non-trawl fisheries from the halibut PSC limit. As in past

years, the Council recommended that pot gear, jig gear, and sablefish

hook-and-line gear fishery categories be exempt from halibut bycatch

restrictions because these fisheries use selective gear types that take

comparatively few halibut. In 1998, total groundfish catch for the pot

gear fishery in the BSAI was approximately 12,785 mt with an associated

halibut bycatch mortality of about 34 mt. The 1998 groundfish jig gear

fishery harvested about 181 mt of groundfish. Most vessels in the jig

gear fleet are less than 60 ft (18.3 m) length overall and are exempt

from observer coverage requirements. As a result, observer data are not

available on halibut bycatch in the jig gear fishery. However, a

negligible amount of halibut bycatch mortality is assumed because of

the selective nature of this gear type and the likelihood that halibut

caught with jig gear have a high survival rate when released.

As in past years, the Council recommended that the sablefish

Individual Fishing Quota (IFQ) fishery be exempt from halibut bycatch

restrictions because of the sablefish and halibut IFQ program (subpart

D of 50 CFR 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 and is holding unused halibut IFQ. This action results

in lowered amounts of halibut discard in the fishery. In 1995, about 36

mt of halibut discard mortality was estimated for the sablefish IFQ

fishery. A similar estimate for 1996 through 1998 has not been

[[Page 71873]]

calculated, but NMFS believes that it would not be significantly

different.

Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation

with the Council, to establish seasonal apportionments of PSC amounts.

NMFS anticipates that the Council will recommend seasonal

apportionments during its December 1998 meeting, and none are proposed

at this time.

Table 6.--Proposed 1999 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries

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

Prohibited species and zone

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

Red King C. bairdi (animals)

Halibut Herring Crab C. opilio -------------------------

mortality (mt) BSAI (animals) (animals)

(mt) BSAI Zone 1 COBLZ \1\ Zone 1 Zone 2

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

Trawl Fisheries:

Yellowfin sole................ 930 263 18,500 3,038,625 255,592 885,947

Rock sole/oth.flat/flat sole

\2\.......................... 735 22 128,750 749,250 273,848 295,316

RKCSS \3\ ................... ........... ........... 10,000 ........... ........... ...........

Turbot/sablefish/arrowtooth

\4\.......................... ........... ........... ........... 41,625 ........... ...........

Rockfish...................... 69 8 ........... 41,625 ........... 5,790

Pacific cod................... 1,434 22 13,875 124,875 123,232 161,307

Midwater trawl pollock \5\.... ........... 1,218 ........... ........... ........... ...........

Pollock/Atka/other \6\........ 324 152 13,875 166,500 41,078 388,790

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

Total Trawl PSC........... 3,492 1,685 185,000 4,162,500 693,750 1,737,150

Non-Trawl Fisheries:

Pacific cod................... 749 ........... ........... ........... ........... ...........

Other non-trawl............... 84 ........... ........... ........... ........... ...........

Groundfish pot & jig.......... \8\ ........... ........... ........... ........... ...........

Sablefish hook-and-line....... \8\ ........... ........... ........... ........... ...........

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

Total Non-Trawl........... 833 ........... ........... ........... ........... ...........

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

PSQ Reserve \7\........... 350 ........... 15,000 337,500 56,250 140,850

=============================================================================

Grand Total........... 4,675 1,685 200,000 4,500,000 750,000 1,878,000

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

\1\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec. 679.21(e)(7)(iv)(B). At its October

meeting the Council further apportioned C. opilio by percentage to the following fisheries: yellowfin sole

73%, rock sole 18%, turbot 1%, rockfish 1%, Pacific cod 3%, and pollock 4%.

\2\ Rock sole, flathead sole, and other flatfish fishery category.

\3\ The Council at its October 1998 meeting allocated 10,000 red king crab for trawl fisheries within the RKCSS

(Sec. 679.21 (e)(3)(ii)(B)).

\4\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.

\5\ Halibut and crab bycatch in the midwater trawl pollock fishery is deducted from the allowances for the

pollock/Atka mackerel/other species category. Once bycatch allowances are reached, directed fishing for

pollock with non-pelagic trawl gear is prohibited.

\6\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.

\7\ With the exception of herring, 7.5 percent of each PSC limit is allocated to the multi-species CDQ program

as PSQ reserve. The PSQ reserve is not allocated by fishery, gear or season.

\8\Exempt.

To monitor halibut bycatch mortality allowances and apportionments,

the Administrator, Alaska Region, NMFS (Regional Administrator) will

use observed halibut bycatch rates, assumed mortality rates, and

estimates of groundfish catch to project when a fishery's halibut

bycatch mortality allowance or seasonal apportionment is reached. The

Regional Administrator monitors a fishery's halibut bycatch mortality

allowances using assumed mortality rates that are based on the best

information available, including information contained in the annual

SAFE report.

The Council recommended that the assumed recommended halibut

mortality rates developed by staff of the International Pacific Halibut

Commission (IPHC) for the 1998 BSAI groundfish fisheries be adopted for

purposes of monitoring halibut bycatch allowances established for 1999.

The justification for these mortality rates is discussed in the

preliminary SAFE report dated September, 1998. The proposed mortality

rates listed in Table 7 are subject to change pending the results of an

updated analysis on halibut mortality rates in the groundfish fisheries

that IPHC staff presented to the Council at the Council's December 1998

meeting.

Table 7.--Proposed Assumed Pacific Halibut Mortality Rates for the BSAI

Fisheries During 1999

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

Assumed

Fishery mortality

(percent)

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

Hook-and-line gear fisheries:

Rockfish............................................... 12

Pacific cod............................................ 11

Greenland turbot....................................... 19

Sablefish.............................................. 18

Other Species.......................................... 11

[[Page 71874]]

Trawl gear fisheries:

Midwater pollock....................................... 85

Non-pelagic pollock.................................... 76

Yellowfin sole......................................... 78

Rock sole.............................................. 76

Flathead sole.......................................... 62

Other flatfish......................................... 69

Rockfish............................................... 72

Pacific cod............................................ 69

Atka mackerel.......................................... 85

Greenland turbot....................................... 73

Sablefish.............................................. 23

Other species.......................................... 69

Pot gear fisheries:

Pacific cod............................................ 4

Other species.......................................... 4

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

Protections for Other Fisheries Under the AFA

Section 211(b)(2)(A) of the AFA prohibits catcher/processors listed

under paragraphs 1 through 20 of section 208(e) (listed catcher/

processors) from harvesting in the aggregate more than a specified

amount of each non-pollock groundfish species in the BSAI. Non-pollock

groundfish that is delivered to listed catcher/processors by catcher

vessels would not be deducted from the 1999 harvest limits proposed in

Table 8 for the listed catcher/processors. Except for Atka mackerel,

the catch limitations specified for the listed catcher/processors are

equivalent to the percentage of non-pollock groundfish harvested in the

non-pollock fisheries by the listed catcher/processors and those listed

under Section 209 of the AFA during 1995, 1996, and 1997. The non-

pollock groundfish harvest amounts by these vessels in the BSAI from

1995 through 1997 are shown in Table 8. These data were used to

calculate the relative amount of non-pollock groundfish TACs harvested

by pollock catcher/processors in the non-pollock fisheries, and then

used to determine the proposed harvest limits for non-pollock

groundfish by listed catcher/processors in the 1999 BSAI fisheries (see

Table 8).

Table 8.--Proposed Historical Catch Ratio, 1999 Aggregate Catch Limits, and 1999 PSC Catch Limits for Pollock

Vessels Described Under Section 208 of the AFA.1, 2

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

1995-1997 1999 ITAC

--------------------------------------- available 1999 C/P

Target species \3\ Area Available to trawl C/ harvest

Total catch TAC Ratio \4\ Ps limit \5\

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

Atka mackerel \6\............ Eastern AI/BS... ........... ........... ........... ........... ...........

Central AI...... ........... ........... 0.115 19,040 2,190

Western AI...... ........... ........... 0.200 22,950 4,590

Arrowtooth flounder.......... BSAI............ 788 36,873 0.021 13,600 291

Other flatfish............... BSAI............ 12,145 92,428 0.131 76,019 9,989

Flathead sole................ BSAI............ 3,030 87,975 0.034 85,000 2,927

Greenland turbot............. AI.............. 31 6,839 0.005 4,208 19

BSAI............ 168 16,911 0.010 8,543 85

Other species................ BSAI............ 3,551 65,925 0.054 21,930 1,181

Pacific Cod trawl \7\........ BSAI............ 13,547 51,450 0.263 41,948 11,045

Pacific ocean perch \8\...... BSAI............ 58 5,760 0.010 1,190 12

Central AI...... 95 6,195 0.015 2,933 45

Eastern AI...... 112 6,265 0.018 2,610 47

Western AI...... 356 12,440 0.029 4,743 136

Other rockfish............... AI.............. 95 1,924 0.049 582 29

BS.............. 39 1,026 0.038 314 12

Rock sole.................... BSAI............ 14,753 202,107 0.073 85,000 6,205

Sablefish trawl \9\.......... AI.............. 1 1,135 0.001 293 0

BS.............. 8 1,736 0.005 553 3

Sharpchin/Northern........... AI.............. 1,034 13,254 0.078 3,596 280

Squid........................ BSAI............ 7 3,670 0.002 1,675 3

Shortraker/Rougheye.......... AI.............. 68 2,827 0.024 314 8

Other red rockfish........... BS.............. 75 3,034 0.025 227 6

Yellowfin sole............... BSAI............ 123,003 527,000 0.233 187,000 43,646

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

\1\ The AFA specifies the manner in which the BSAI pollock TAC must be allocated among industry components and

also prohibits catcher/processors listed under paragraphs 1-20 of section 208(e) from exceeding the historical

harvest percentages by such catcher/processors and those listed under section 209 relative to the total

available in the offshore component in BSAI groundfish fisheries (other than pollock) in 1995, 1996, and 1997.

[[Page 71875]]

\2\ Amounts are in metric tons.

\3\ For further definitions of target species see Table 1.

\4\ The ratio is calculated by dividing the total catch by the TAC available at the end of the year (with the

exception of Atka mackerel).

\5\ The 1999 catch limit is calculated by multiplying the ratio by the 1999 proposed ITAC.

\6\ In section 211(b)(2)(C) of the AFA, catcher/processors described in paragraphs 1-20 of section 208(e) are

prohibited from harvesting Atka mackerel in excess of 11.5 percent of the available TAC in the Central AI area

and 20 percent in the Western AI area. These listed catcher/processors are prohibited from harvesting Atka

mackerel in the Eastern Aleutian Islands District and Bering Sea subarea.

\7\ For Pacific cod, 47 percent of the ITAC is allocated to trawl gear, and of that 50 percent is available for

listed catcher/processors. Separate catcher/processor and catcher vessel allocations became effective in 1997.

Therefore, due to an inconsistency in the data, only 1997 which has a similar allocation pattern as the

present was used to calculate the historic ratio.

\8\ Spatial apportionments to western, central, and eastern AI subareas began in 1996, therefore only data from

1996 and 1997 was used to calculate the historic ratio.

\9\ 25 percent of the Sablefish ITAC is allocated to trawl in the AI subarea, 50 percent is allocated to trawl

in the BS subarea.

Section 211(b)(2)(C) of the AFA prohibits listed catcher/processors

from fishing for Atka mackerel in the Eastern AI and BS subarea and

from exceeding 11.5 percent and 20 percent of the Atka mackerel TACs

available in the Central and Western AI districts, respectively.

Pending NMFS's approval of conservation measures to mitigate impacts of

the Atka mackerel fishery on Steller sea lions (63 FR 60288, November

9, 1998) the listed catcher/processor harvest limitations for Atka

mackerel would be subject to the proposed proportional restrictions on

harvest inside and outside of critical habitat areas. As a result, the

listed catcher/processors would be prohibited from trawling for the

remainder of the year in critical habitat areas once 65 and 80 percent

of the seasonal Atka mackerel harvest limitations established for the

listed catcher/processors in the Western and Central AI districts

respectively, is taken (Table 9).

Table 9.--Proposed ATKA Mackerel Seasonal and Critical Habitat Limits for Catcher/Processor Vessels Described

Under Section 208(e) of the AFA \1\ \2\

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

Seasonal apportionment \3\

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

ITAC for C/ A Season \4\ B Season \5\

Subarea & component Total TAC Ps ---------------------------------------------------

Inside CH Inside CH

\6\ Total \6\ Total

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

Western Aleutian Islands (543).... 27,000 4,590 1,492 2,295 1,492 2,295

Central Aleutian Islands (542).... 22,400 2,190 876 1,095 876 1,095

Eastern AI District and BS subarea

\7\.............................. 14,900

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

\1\ Amounts are in metric tons.

\2\ Based on proposed regulations published in the Federal Register on November 9, 1998 (63 FR 60288).

\3\ The seasonal apportionment of Atka mackerel in the open access fishery would be 50 percent in the A season

and 50 percent in the B season. Listed catcher/processors would be limited to harvesting no more than 20 and

11.5 percent of the available TAC in the Western and Central AI subareas respectively (paragraph

211(b)(2)(C)).

\4\ January 1 through April 15.

\5\ September 1 through November 1.

\6\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for

fishing inside critical habitat (Table 1, Table 2, and Figure 4 of 50 CFR 226). In 1999, the percentage of TAC

available for fishing inside critical habitat area is 65 percent in the Western AI and 80 percent in the

Central AI. When these critical habitat allowances are reached, critical habitat areas would be closed to

trawling for the remainder of the fishing season.

\7\ The AFA (section 211(b)(2)(C)) prohibits listed catcher/processors from directed fishing for Atka mackerel

in the Eastern Aleutian Islands District and Bering Sea subarea.

NMFS intends to establish by emergency rule inseason authority

necessary to manage the harvest of groundfish by listed catcher/

processors so that the 1999 non-pollock harvest limits are not

exceeded. Under the emergency rule authority, NMFS likely will limit

directed fishing by the listed catcher/processors to the following non-

pollock groundfish species: Atka mackerel, Pacific cod, and yellowfin

sole. The proposed 1999 harvest limits for species other than pollock

may not be sufficient to allow for both a directed fishery and

necessary incidental catch requirements in other directed fisheries.

NMFS intends to manage the listed catcher/processor harvest limitations

conservatively, consistent with the intent of the AFA to limit the

ability of these vessels to redistribute fishing effort into non-

pollock fisheries in which they have not historically participated.

Section 211(b)(2)(B) of the AFA prohibits listed catcher/processors

from harvesting more than a specified amount of each prohibited species

in the BSAI. These amounts are equivalent to the percentage of

prohibited species bycatch limits harvested in the non-pollock

groundfish fisheries by the listed catcher/processors and those listed

under section 209 during 1995, 1996, and 1997. Prohibited species

amounts harvested by these catcher/processors in BSAI non-pollock

groundfish fisheries from 1995 through 1997 are shown in Table 10.

These data were used to calculate the relative amount of prohibited

species catch limits harvested by pollock catcher/processors, and then

used to determine the proposed prohibited species harvest limits for

listed catcher/processors in the 1999 non-pollock groundfish fisheries.

Regulations at Sec. 679.21(e)(7)(vii) and (e)(7)(viii) do not provide

for fishery-specific management of the salmon bycatch limits.

Therefore, NMFS is not including salmon catch limits for the listed

catcher/processors during 1999.

PSC that is caught by listed catcher/processors participating in

any non-pollock groundfish fishery listed in Table 8, shall accrue

against the 1999 PSC limits for the listed catcher/processors as

outlined in section 211(b)(2)(B) of the AFA (Table 10). The emergency

interim rule being prepared by NMFS to manage the AFA harvest

limitations specified for listed catcher/processors will provide

authority to close directed fishing for groundfish to the listed

catcher/processors once a

[[Page 71876]]

1999 PSC limitation listed in Table 10 is reached.

The Council at its November meeting recommended that prohibited

species caught by listed catcher/processors and listed catcher vessels

while fishing for pollock accrue against either the midwater pollock or

the pollock/Atka mackerel/other species fishery categories (see Table

6).

Table 10.--Proposed PSC Limits for Catcher/Processor Vessels Described Under Section 208(e) of the American

Fisheries Act 1,2

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

1995-1997 1999 PSC

--------------------------------------- available 1999 C/P

PSC species to trawl C/ limit \4\

PSC catch Total PSC ratio \3\ Ps

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

Halibut mortality.............................. 955 11,325 0.084 3,492 294

Herring........................................ 62 5,137 0.012 1,685 20

Red king crab.................................. 7,641 473,750 0.016 185,000 2,984

C. bairdi:

Zone 1..................................... 385,978 2,750,000 0.140 693,750 97,372

Zone 2..................................... 406,860 8,100,000 0.050 1,737,150 87,256

C. opilio...................................... 2,323,731 15,139,178 0.153 4,162,500 638,907

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

\1\ The AFA specifies the manner in which the BSAI pollock TAC must be allocated among industry components and

also prohibits catcher/processors listed under paragraphs 1-20 of section 208(e) from exceeding the historical

harvest percentages of prohibited species by such catcher/processors and those listed under section 209

relative to the total available in the offshore component in BSAI groundfish fisheries in 1995, 1996, and

1997.

\2\ Amounts are in metric tons.

\3\ The ratio is calculated by dividing the PSC catch by the total PSC available.

\4\ The 1999 prohibited species catch limit is calculated by multiplying the historic ratio by the PSC available

to listed catcher/processors in 1999.

Classification

This action is authorized under 50 CFR 679.20 and is exempt from

review under E.O. 12866.

Pursuant to section 7 of the Endangered Species Act, NMFS has

completed a consultation on the effects of the pollock and Atka

mackerel fisheries on listed and candidate species, including the

Steller sea lion, and designated critical habitat. The biological

opinion prepared for this consultation, dated December 3, 1998,

concludes that the pollock fisheries in the BSAI and the GOA jeopardize

the continued existence of Steller sea lions and adversely modify their

designated critical habitat. The biological opinion contains reasonable

and prudent alternatives (RPAs) to mitigate the adverse impacts of the

pollock fisheries on Steller sea lions. Specific measures necessary to

implement the RPAs will be discussed at the December Council meeting

and will be implemented by NMFS through emergency rulemaking prior to

the start of the 1999 BSAI pollock fishery.

NMFS has also initiated consultation on the effects of the 1999

BSAI groundfish fisheries on listed and candidate species, including

the Steller sea lion and listed seabirds, and on designated critical

habitat. This consultation will be concluded prior to the start of

fishing, under the 1999 interim specifications. Pending determinations

under this consultation, NMFS may initiate emergency rulemaking to

mitigate any adverse impacts resulting from the BSAI groundfish

fisheries on listed and candidate species and designated critical

habitat.

NMFS prepared an initial regulatory flexibility analysis pursuant

to the Regulatory Flexibility Act (RFA) that describes the impact this

proposed specification, if adopted, may have on small entities. This

action is necessary to establish harvest limits for the BSAI groundfish

fisheries for the 1999 fishing year. The groundfish fisheries in the

BSAI are governed by Federal regulations at 50 CFR 679 that require

NMFS, after consultation with the Council, to publish and solicit

public comments on proposed annual TACs, PSC allowances, and seasonal

allowances of the TACs. Based on the number of vessels that caught

groundfish in 1996, the number of fixed gear and trawl catcher vessels

expected to be operating as small entities in the 1999 BSAI groundfish

fishery is 302. There are six small organizations, Community

Development Quota (CDQ) groups, 56 small governmental jurisdictions

with direct involvement in groundfish CDQ fisheries that are within the

RFA definition of small entities. There are no recordkeeping and

reporting requirements with this proposed action. NMFS is not aware of

any other Federal rules which duplicate, overlap or conflict with the

proposed specifications.

Significant alternatives that would minimize any significant

economic impact of this action on small entities were considered. The

establishment of differing compliance or reporting requirements or

timetables, the use of performance rather than design standards, or

exempting affected small entities from any part of this action would

not be appropriate because of the nature of this action.

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

3631 et seq.

Dated: December 23, 1998.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 98-34545 Filed 12-24-98; 11:42 am]

BILLING CODE 3510-22-P