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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981222313-8320-02; I.D. 122198A]

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea

and Aleutian Islands Area; Interim 1999 Harvest Specifications for

Groundfish

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Interim 1999 harvest specifications for groundfish.

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

SUMMARY: NMFS issues interim 1999 total allowable catch (TAC) amounts

for each category of groundfish, Community Development Quota (CDQ)

amounts, and prohibited species catch (PSC) amounts for the groundfish

fishery of the Bering Sea and Aleutian Islands management area (BSAI).

This action is necessary to conserve and manage the groundfish

resources in the BSAI and is intended to implement the goals and

objectives of the Fishery Management Plan for the Groundfish Fishery of

the Bering Sea and Aleutian Islands Area (FMP).

DATES: The Interim Specifications are effective from 0001 hours, Alaska

local time (A.l.t.), January 1, 1999, until the effective date of the

final 1999 harvest specifications for BSAI groundfish, which will be

published in the Federal Register.

ADDRESSES: The preliminary 1999 Stock Assessment and Fishery Evaluation

(SAFE) Report, dated September 1998, is available from the North

Pacific Fishery Management Council, 605 West 4th Avenue, Suite 306,

Anchorage, AK 99501-2252, telephone 907-271-2809. The Final

Supplemental Environmental Impact Statement as well as the

Environmental Assessment (EA) for the 1999 Groundfish Harvest

Specifications is available from the Alaska Region NMFS, P.O. Box

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

FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

Federal regulations at 50 CFR part 679 that govern the groundfish

fisheries in the BSAI implement the FMP. The North Pacific Fishery

Management Council (Council) prepared the FMP, and NMFS approved it,

under the Magnuson-Stevens Fishery Conservation and Management Act.

General regulations that also pertain to the U.S. fisheries appear at

subpart H of 50 CFR part 600.

The Council met in October 1998 to review scientific information

concerning groundfish stocks. The Council adopted for public review the

preliminary SAFE Report for the 1999 BSAI groundfish fisheries. The

preliminary SAFE Report, dated September 1998, provides an update on

the status of stocks. Copies of the SAFE Report are available from the

Council (see ADDRESSEES). The preliminary TAC amounts for each species

are based on the best available biological and socioeconomic

information. The Council recommended a preliminary total acceptable

biological catch (ABC) of 2,379,976 metric tons (mt) and a preliminary

total TAC of 1,925,000 mt for the 1999 fishing year.

Under Sec. 679.20(c)(1), NMFS published in the December 30, 1998

Federal Register, proposed harvest specifications for BSAI groundfish

for the 1999 fishing year. That document contains a detailed discussion

of the 1999 groundfish harvest specifications and of the proposed 1999

TACs, initial TACs (ITACs) and related apportionments, ABC amounts,

overfishing levels, PSC amounts, and associated management measures of

the BSAI groundfish fishery including detailed information on the

implementation of the American Fisheries Act (AFA).

This action provides interim harvest specifications and

apportionments thereof for BSAI groundfish for the 1999 fishing year

that will become available on January 1, 1999, and remain in effect

until superseded by the final 1999 harvest specifications.

NMFS notes that the Council at its December 1998, meeting requested

NMFS to implement an emergency interim rule establishing conservation

measures to mitigate impacts of the BSAI pollock fishery on Steller sea

lions and their critical habitat. NMFS is currently preparing an

emergency rule to implement parts of the Council's recommendations as

well as other measures necessary to ensure that the pollock trawl

fishery does not jeopardize the continued existence, or adversely

modify the critical habitat, of Steller sea lions. These emergency

measures will likely revise these interim specifications for pollock.

Establishment of Interim TACs

Fifteen percent of the TAC for each target species or species

group, except for the hook-and-line and pot gear allocation of

sablefish, is automatically placed in a non-specified reserve

(Sec. 679.20(b)(1)). The remainder is the initial TAC (ITAC). The AFA

supersedes this provision for pollock because the 1999 TAC for this

species is required to 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. The AFA requires that 10 percent of the pollock

TAC be allocated to a pollock CDQ reserve (section 206). The groundfish

and pollock CDQ reserves are not further apportioned by gear. Fifteen

percent of the groundfish CDQ reserve established for squid, arrowtooth

flounder, and ``other species'' is apportioned 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 prohibited species quota

(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.

After subtraction of the CDQ reserves, 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.

[[Page 51]]

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

each proposed ITAC amount and apportionment thereof (not including the

first seasonal allowance of pollock), one-fourth of each prohibited

species catch (PSC) allowance established under Sec. 679.21, and the

first seasonal allowance of pollock TAC become effective 0001 hours,

A.l.t., January 1, on an interim basis and remain in effect until

superseded by the final groundfish harvest specifications.

A proposed rule was published in the Federal Register on November

9, 1998, (63 FR 60288) that would implement measures to mitigate

effects of the Atka mackerel fishery on Steller sea lion critical

habitat. NMFS anticipates that a final rule will be effective by

January 20, 1999, the start of the 1999 trawl season, that will

seasonally apportion the Atka mackerel TACs and revise the interim

specifications for this species.

Apportionment of Pollock TAC to Vessels Using Nonpelagic Trawl Gear

Regulations at Sec. 679.20(a)(5)(i)(B) authorize NMFS, in

consultation with the Council, to limit the amount of pollock that may

be taken in the directed fishery for pollock using nonpelagic trawl

gear. At its June 1998 meeting, the Council adopted management measures

that, if approved by NMFS, would prohibit the use of nonpelagic trawl

gear in the directed fishery for pollock and reduce specified

prohibited species bycatch limits by amounts equal to anticipated

savings in bycatch or bycatch mortality that would be expected from

this prohibition. The Council did not take specific action to allocate

zero amounts of pollock to the 1999 directed fishery for pollock with

nonpelagic trawl gear under Sec. 679.20(a)(5)(i)(B) because

implementation of the Council's June action in time for the 1999

fishery was assumed.

NMFS recognizes that the Council's proposed prohibition on the use

of nonpelagic trawl gear in the BSAI pollock fishery will not be

effective in time for the 1999 pollock ``A'' season fishery that starts

on January 20. Therefore, NMFS allocates 0 mt of the BSAI pollock TAC

to the directed fishery for pollock with nonpelagic trawl gear. The

action is necessary to reduce unnecessary bycatch in the 1999 pollock

fishery and to carry out the Council's intent for this fishery. For

further discussion of this action see the proposed 1999 harvest

specifications for BSAI groundfish published in the Federal Register on

December 30, 1998.

Interim 1999 BSAI Groundfish Harvest Specifications

Table 1 provides interim TAC and CDQ amounts and apportionments

thereof. Regulations at Sec. 679.20(c)(2)(ii) do not provide for an

interim specification for the non-trawl sablefish CDQ reserve or for

sablefish managed under the Individual Fishing Quota (IFQ) management

plan. As a result, fishing for the non-trawl allocation of CDQ

sablefish and sablefish harvested with fixed gear is prohibited until

the effective date of the Final 1999 Groundfish Specifications.

Table 1.--Interim 1999 TAC Amounts for Groundfish and Apportionments

There for the Bering Sea and Aleutian Islands Management Area \1\ \2\

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

Species and component (if Area and/or gear Interim Interim

applicable) (if applicable) TAC CDQ

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

Pollock \2\

Inshore................. BS.................. 197,012

Catcher/processor....... BS.................. 157,610

Mothership.............. BS.................. 39,402

CDQ..................... BS.................. 46,575

Inshore................. AI.................. 10,067

Catcher/processor....... AI.................. 8,054

Mothership.............. AI.................. 2,013

CDQ..................... AI.................. 2,380

Inshore................. BogDist............. 423

Catcher/processor....... BogDist............. 338

Mothership.............. BogDist............. 85

CDQ..................... BogDist............. 100

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

Total Pollock....... .................. 415,005 49,055

Pacific Cod \3\............. Jig................. 893

H/L & Pot........... 22,759

Trawl C/Vs.......... 10,487

Trawl C/Ps.......... 10,487

CDQ..................... .................. 3,938

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

Total Pacific cod... .................. 44,625 3,938

Sablefish \4\ \5\........... BS-Trawl............ 138 12

BS-H/L & Pot........ N/A N/A

AI-Trawl............ 73 6

AI-H/L & Pot........ N/A N/A

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

Total Sablefish..... .................. 211 18

Atka mackerel \6\........... Western AI.......... 5,738 506

Central AI.......... 4,760 420

Eastern AI/BS....... 3,166 279

Jig gear............ 32

Other gear.......... 3,135

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

Total Atka mackerel. .................. 13,664 1,205

Yellowfin sole.............. BSAI................ 46,750 4,125

Rock sole................... BSAI................ 21,250 1,875

[[Page 52]]

Greenland turbot............ BS.................. 2,136 188

AI.................. 1,052 93

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

Total Greenland .................. 3,188 281

turbot.

Arrowtooth flounder......... BSAI................ 3,400 255

Flathead sole............... BSAI................ 21,250 1,875

Other flatfish \7\.......... BSAI................ 19,005 1,677

Pacific ocean perch......... BS.................. 298 26

Western AI.......... 1,186 105

Central AI.......... 733 65

Eastern AI.......... 652 57

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

Total Pacific ocean .................. 2,869 253

perch.

Other red rockfish \8\...... BS.................. 57 5

Sharpchin/Northern.......... AI.................. 899 79

Shortraker/Rougheye......... AI.................. 205 18

Other rockfish \9\.......... BS.................. 78 7

AI.................. 146 13

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

Total other rockfish .................. 224 20

Squid....................... BSAI................ 419 31

Other Species \10\.......... BSAI................ 5,483 411

Non-specified CDQ reserve BSAI................ 123

\11\.

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

Total interim TAC... .................. 601,668 65,246

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

\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 purposes of these

specifications, the BS includes the Bogoslof District (BogDist).

\2\ After subtraction of the pollock CDQ amount (10 percent of the TAC)

and the incidental catch allowance (6 percent of the remainder of the

TAC), the ITAC amounts of pollock for each subarea or district are

then divided into A and B seasonal allowances. (See Sec.

679.20(a)(5)(i).) For the BS subarea, the A and B seasonal

apportionments are 45 and 55 percent of the pollock ITAC amounts,

respectively. The AI subarea and the Bogoslof District receive 100

percent of their respective ITAC seasonal allowances during the A

season with the remainder of the respective ITAC seasonal allowance

during the B season. Component allocations of the ITAC amounts are 50

percent for the Inshore, 40 percent for listed catcher/processors, and

10 percent to vessels delivering to Motherships. The first seasonal

allowance of the pollock component allocations are in effect on

January 1 as an interim TAC. NMFS, under regulations at Sec.

679.20(a)(5)(i)(B), allocates 0 mt of pollock to nonpelagic trawl

gear. This action is based on Council intent to prohibit the use of

nonpelagic trawl gear in 1999 because of concerns of unnecessary

bycatch with bottom trawl gear in the pollock fishery.

\3\ After subtraction of the reserves, the ITAC amount for Pacific cod

is allocated 2 percent to vessels using jig gear, 51 percent to H/L

gear, and 47 percent to Trawl. The Pacific cod allocation to trawl

gear is split evenly between catcher vessels and catcher/processor

vessels (See Sec. 679.20(a)(7)(i)). Pacific cod ITAC seasonal

apportionments to vessels using H/L or pot gear are not reflected in

the interim TAC amounts. One-fourth of the ITAC gear apportionments

are in effect on January 1 as an interim TAC.

\4\ Sablefish gear allocations are as follows: In the BS subarea, trawl

gear is allocated 50 percent and H/L and pot gear is allocated 50

percent of the TAC. In the AI subarea, trawl gear is allocated 25

percent, and H/L and pot gear is allocated 75 percent of the TAC (See

Sec. 679.20(a)(4)(iii) and (iv)). Fifteen percent of the sablefish

trawl gear allocation is placed in the nonspecific reserve. One-fourth

of the ITAC amount for trawl gear is in effect January 1 as an interim

TAC amount.

\5\ The sablefish H/L gear fishery is managed under the IFQ program and

subject to regulations contained in subpart D of 50 CFR part 679.

Twenty percent of the sablefish H/L and pot gear final TAC amount will

be reserved for use by CDQ participants. (See Sec. 679.31(c).)

Existing regulations at Sec. 679.20(c)(2)(ii) do not provide for an

interim specification for the CDQ sablefish reserve or for an interim

specification for sablefish managed under the IFQ program. In

addition, in accordance with Sec. 679.7(f)(3), retention of sablefish

caught with fixed gear is prohibited unless the harvest is authorized

under a valid IFQ permit and IFQ card. In 1999, IFQ permits and IFQ

cards will not be valid prior to the effective date of the 1999 final

specifications. Thus, fishing for sablefish with fixed gear is not

authorized under these interim specifications. See subpart D of 50 CFR

part 679 and Sec. 679.23(g) for guidance on the annual allocation of

IFQ and the sablefish fishing season.

\6\ 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.

\7\ ``Other flatfish'' includes all flatfish species except for Pacific

halibut (a prohibited species), flathead sole, Greenland turbot, rock

sole, arrowtooth flounder, and yellowfin sole.

\8\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and

northern rockfish in the BS subarea.

\9\ ``Other rockfish'' includes all Sebastes and Sebastolobus species

except for Pacific ocean perch, sharpchin, northern, shortraker, and

rougheye rockfish.

\10\ ``Other species'' includes sculpins, sharks, skates, eulachon,

smelts, capelin, and octopus.

\11\ Fifteen percent of the groundfish CDQ reserve established for

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

non-specific CDQ reserve ( Sec. 679.31(g)).

Pollock Allocations Under the AFA

The AFA specifies the manner in which the BSAI pollock TAC must be

allocated among industry components. Under section 206 of the AFA, 10

percent of the BSAI pollock TAC is 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 harvesting other groundfish species, is allocated:

50 percent to catcher vessels harvesting pollock for processing by the

inshore component, 40 percent to listed catcher/processors and listed

catcher vessels harvesting pollock for processing by listed catcher/

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

harvesting pollock for processing by listed motherships in the offshore

component (Table 1). For 1999, NMFS has proposed

[[Page 53]]

an incidental catch allowance of 6 percent of the pollock TAC after

subtraction of the 10 percent CDQ reserve. The considerations leading

to this proposal are discussed in the proposed 1999 harvest

specifications for BSAI groundfish which was published in the Federal

Register on December 30, 1998.

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, section 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, section 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. The interim allocations and catch limits are equal to

the proposed pollock ``A'' season specifications set out in Table 2 of

the proposed specifications.

Interim Allocation of PSC Limits for Crab, Halibut, and Herring

Under Sec. 679.21(e), annual PSC limits are specified for red king

crab, Chionoecetes (C.) bairdi Tanner crab, and C. opilio crab in

applicable Bycatch Limitation Zones (see Sec. 679.2) of the BS subarea,

and for Pacific halibut and Pacific herring throughout the BSAI.

Regulations under Sec. 679.21(e) authorize the apportionment of each

PSC limit into PSC allowances for specified fishery categories. Under

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

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

groundfish CDQ program.

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

each proposed PSC and PSQ allowance be made available on an interim

basis for harvest at the beginning of the fishing year, until

superseded by the final harvest specifications. The fishery specific

interim PSC allowances for halibut and crab are specified in Table 2

and are in effect at 0001 hours, A.l.t., January 1, 1999.

Table 2.--Interim 1999 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries

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

Prohibited species and zone

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

Red King C. bairdi (animals)

Trawl Fisheries Halibut mortality Herring Crab C. opilio -------------------------

(mt) BSAI (mt) (animals) (animals)

BSAI Zone 1 COBLZ \2\ Zone 1 \1\ Zone 2 \1\

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

Yellowfin sole................ 232 66 4,625 759,656 63,898 221,487

Rock sole/oth.flat/flat sole 184 5 24,688 187,313 68,462 73,829

\3\.

RKCSS \4\..................... ..................... ....... 10,000 ........... ........... ...........

Turbot/sablefish/arrowtooth ..................... ....... ......... 10,406 ........... ...........

\5\.

Rockfish...................... 17 2 ......... 10,406 ........... 1,448

Pacific cod................... 358 5 3,469 31,219 30,808 40,327

Midwater trawl pollock........ ..................... 305 ......... ........... ........... ...........

Pollock/Atka/other \6\........ 81 38 3,469 41,625 10,269 97,198

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

Total Trawl PSC........... 873 421 46,250 1,040,625 173,437 434,288

Non-Trawl Fisheries

Pacific cod............... 187

Other non-trawl........... 21

Groundfish pot & jig...... exempt

Sablefish hook & line..... exempt

Total Non-Trawl....... 208

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

PSQ Reserve \7\............... 88 ....... 3,750 84,375 14,063 35,212

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

Grand Total........... 1,169 421 50,000 1,125,000 187,500 469,500

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

\1\ Refer to Sec. 679.2 for definitions of areas.

\2\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec. 679.21(e)(7)(iv)(B).

\3\ Rock sole, other flatfish, and flathead sole category.

\4\ The Council at its October 1998 meeting allocated 10,000 red king crab to the RKCSS (Sec.

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

\5\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.

\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.

NMFS will issue fishery closures based on these interim

specifications if the Regional Administrator, Alaska Region, NMFS,

determines that interim TAC amounts are required as incidental catch to

support other anticipated groundfish fisheries or if the PSC allowance

for a fishery has been reached. NMFS may also issue other closures

based on the final 1999 harvest specifications.

Protections for Other Fisheries Under the AFA

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

from harvesting 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 be

deducted from the open access groundfish allocations and would not be

deducted from the 1999 interim harvest limits for the listed catcher/

processors. Except for Atka mackerel, the catch limitations specified

for the

[[Page 54]]

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 groundfish harvest amounts by these vessels

in the BSAI from 1995 through 1997 are shown in Table 3. These data

were used to calculate the relative amount of non-pollock groundfish

TACs harvested by listed 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.

These annual limits may be higher than the interim TAC, which is 25

percent of the ITAC. If the interim TAC is less than the listed

catcher/processor limit then the listed catcher/processors would be

prohibited from exceeding a harvest amount greater than the interim TAC

as specified in Table 1. However, listed catcher/processors are not

restricted to 25 percent of their 1999 limit (Table 3) under the

interim TAC specifications.

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 Atka mackerel,

Pacific cod, and yellowfin sole. The interim 1999 harvest limits for

other species may not be sufficient to allow for both a directed

fishery and for incidental catch requirements in other directed

fisheries. NMFS intends to manage conservatively the listed catcher/

processor harvest limitations 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.

Table 3.--Interim Historical Catch Ratio, 1999 Aggregate Catch Limits, and 1999 Catch Limits for Vessels Listed

Under Section 208 of the American Fisheries Act \1\

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

1995-1997 1999 ITAC

--------------------------------- available 1999

Target species \2\ Area Total Available to trawl harvest

catch TAC Ratio \3\ C/Ps limit \4\

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

Atka mackerel \5\............... 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 \6\........... BSAI................... 13,547 51,450 0.263 41,948 11,045

Pacific ocean perch \7\......... 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 \8\............. 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

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

pollock 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 in 1995, 1996, and 1997. Amounts are in

metric tons.

\2\ For further definitions of target species see Table 1.

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

\4\ The 1999 harvest limit for listed catcher/processors is calculated by multiplying the historic catch ratio

by the 1999 proposed ITAC available to trawl catcher/processors.

\5\ In section 211(b)(2)(C) of the AFA, catcher/processors listed 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

Aleutian Islands area and 20 percent in the Western Aleutian Islands area. It is prohibited for listed catcher/

processors to harvest Atka mackerel in the Eastern Aleutian Islands and Bering Sea subarea.

\6\ For Pacific cod, 47 percent of the ITAC is allocated to trawl, and of that 50 percent is available for

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

therefore only data from 1997 was used to calculate the historic ratio.

\7\ Apportionments to western, central, and eastern Aleutian Islands subareas began in 1996, therefore only data

from 1996 and 1997 was used to calculate the historic ratio.

\8\ 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)(A) 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 fishery

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 fisheries from 1995

through 1997 is shown in Table 4. These data were used to calculate the

relative

[[Page 55]]

amount of prohibited species bycatch limits harvested by listed

catcher/processors, and then used to determine the proposed prohibited

species harvest limits for listed catcher/processors in the 1999 non-

pollock fisheries. Regulations at Sec. 679.21(e)(7)(vii) and (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.

The Council at its November 1998 meeting proposed 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 (Table 2).

However, PSC that is caught by listed catcher/processors participating

in groundfish fisheries other than pollock (Table 3), shall accrue

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

outlined in section 211(b)(2)(B) of the AFA (Table 4). The emergency

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

1999 PSC limitation listed in Table 4 is reached.

Table 4.--Proposed PSC Limits for Vessels Listed Under Section 208 of the American Fisheries Act \1\

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

1995-1997 1999 PSC

PSC species --------------------------------------- available 1999

PSC catch Total PSC Ratio to C/Ps limit \3\

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

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

prohibits catcher/processors listed under sections 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. Amounts are in metric tons.

\2\ The ratio is calculated by dividing the PSC catch by the total PSC available.

\3\ The 1999 prohibited species catch limit for listed catcher/processors is calculated by multiplying the

historic ratio by the PSC available in 1999. The 1999 PSC limit is based on an annual amount and is not

reduced on an interim basis.

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 were discussed at the December 1998 Council meeting.

On December 16, 1998, NMFS issued revised reasonable and prudent

alternatives based on the Council's recommendations adopted during its

December meeting, which adhere to the principles identified in the

December 3, 1998, Biological Opinion. NMFS will implement measures

necessary to comply with the RPAs prior to the start of the 1999

pollock trawl fishery. If these measures are not in place by the

scheduled regulatory opening on January 20, 1999, then NMFS will close

the pollock trawl fishery.

NMFS also initiated consultation on the effects of the 1999 BSAI

groundfish fisheries (excluding pollock and Atka mackerel) on listed

and candidate species, including the Steller sea lion and listed

seabirds, and on designated critical habitat. The Biological Opinion

prepared for this consultation, dated December 22, 1998, concludes that

groundfish fisheries in the BSAI (excluding pollock and Atka mackerel)

are not likely to jeopardize the continued existence of the listed and

candidate species, or to adversely modify designated critical habitat.

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 on January 1, 1999, 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.

The Assistant Administrator, NMFS (AA), finds for good cause under

5 U.S.C. 553(b)(B) that the need to establish interim total allowable

catch levels and other management measures for fisheries in the BSAI,

effective on January 1, 1999, makes it impracticable and contrary to

the public interest to provide prior notice and opportunity for public

comment on this rule. Likewise, the AA finds for good cause under 5

U.S.C. 553(d)(3) that the need to establish interim TACs levels and

other management measures in the BSAI, effective January 1, 1999, makes

it impractical and contrary to the public interest to delay the

effective date of the limits and measures for 30 days. Regulations at

Sec. 679.20(c)(2) require NMFS to specify interim harvest

specifications to be effective on January 1 and remain in effect until

superseded by the final specifications in order for the BSAI groundfish

fishing season to begin on January 1 (see Sec. 679.23). Without interim

specifications in effect on January 1, the groundfish fisheries would

not be able to open on that date, which would result in unnecessary

closures and disruption within the fishing industry. Because the stock

assessment reports and other information concerning the fisheries in

the BSAI became available only recently, NMFS is not able to provide an

opportunity for comment on the interim specifications. NMFS anticipates

that the interim specifications will be in

[[Page 56]]

effect for only a short period of time before they are superseded by

the final specifications. The proposed 1999 harvest specifications for

groundfish of the BSAI were published in the Federal Register on

December 30, 1998 and provide the opportunity for public comment. The

interim specification will be effective January 1, 1999.

Because these interim specifications are not required to be issued

with prior notice and opportunity for public comment, the analytical

requirements of the Regulatory Flexibility Act do not apply.

Consequently, no regulatory flexibility analysis has been prepared.

Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

Dated: December 28, 1998.

Gary C. Matlock,

Director, Office of Sustainable Fisheries, National Marine Fisheries

Service.

[FR Doc. 98-34728 Filed 12-28-98; 4:23 pm]

BILLING CODE 3510-22-P