Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate Standards for the First Half of 2000

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 121399A]

Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate

Standards for the First Half of 2000

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Pacific halibut and red king crab bycatch rate standards;

request for comments.

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SUMMARY: NMFS announces Pacific halibut and red king crab bycatch rate

standards for the first half of 2000. Publication of these bycatch rate

standards is necessary under regulations implementing the vessel

incentive program. This action is necessary to implement the bycatch

rate standards for trawl vessel operators who participate in the Alaska

groundfish trawl fisheries. The intent of this action is to reduce

prohibited species bycatch rates and promote conservation of groundfish

and other fishery resources.

DATES: Effective 1201 hours, Alaska local time (A.l.t.), January 20,

2000, through 2400 hours, A.l.t., June 30, 2000. Comments on this

action must be received at the following address no later than 4:30

p.m., A.l.t., January 26, 2000.

ADDRESSES: Comments may be submitted to Sue Salveson, Assistant

Regional Administrator, Sustainable Fisheries Division, Alaska Region,

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

Comments also may be sent via facsimile (fax) to 907-586-7465. Comments

will not be accepted if submitted via e-mail or Internet. Courier or

hand delivery of comments may be made to NMFS in the Federal Building,

Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, fax 907-

586-7465, e-mail [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish

fisheries in the exclusive economic zone of the Bering Sea and Aleutian

Islands management area (BSAI) and Gulf of Alaska (GOA) according to

the Fishery Management Plan for the Groundfish Fishery of the Bering

Sea and Aleutian Islands Area and the Fishery Management Plan for

Groundfish of the Gulf of Alaska (FMPs). The North Pacific Fishery

Management Council (Council) prepared the FMPs under the authority of

the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-

Stevens Act). Regulations governing the groundfish fisheries appear at

50 CFR part 679.

Regulations at Sec. 679.21(f) implement a vessel incentive program

to reduce halibut and red king crab bycatch rates in the groundfish

trawl fisheries. Under the incentive program, operators of trawl

vessels may not exceed Pacific halibut bycatch rate standards specified

for the BSAI and GOA midwater pollock and ``other trawl'' fisheries,

and the BSAI yellowfin sole and ``bottom pollock'' fisheries. Vessel

operators also may not exceed red king crab bycatch rate standards

specified for the BSAI yellowfin sole and ``other trawl'' fisheries in

Bycatch Limitation Zone 1 (defined in Sec. 679.2). The fisheries

included under the incentive program are defined in regulations at

Sec. 679.21(f)(2).

Regulations at Sec. 679.21(f)(3) require that halibut and red king

crab bycatch rate standards for each fishery included under the

incentive program be published in the Federal Register. The standards

are in effect for specified seasons within the 6-month periods of

January 1 through June 30, and July 1 through December 31. Because the

Alaskan groundfish fisheries are closed to trawling from January 1 to

January 20 of each year (Sec. 679.23(c)), the Administrator, Alaska

Region, NMFS (Regional Administrator) is promulgating bycatch rate

standards for the first half of 2000 effective from January 20, 2000,

through June 30, 2000.

As required by Sec. 679.21(f)(4), bycatch rate standards are based

on the following information:

(1) Previous years' average observed bycatch rates;

(2) Immediately preceding season's average observed bycatch rates;

(3) The bycatch allowances and associated fishery closures

specified under Secs. 679.20 and 675.21;

[[Page 72573]]

(4) Anticipated groundfish harvests;

(5) Anticipated seasonal distribution of fishing effort for

groundfish; and

(6) Other information and criteria deemed relevant by the Regional

Administrator.

At its October 1999 meeting, the Council reviewed halibut and red

king crab bycatch rates experienced by vessels participating in the

fisheries under the incentive program during 1994-1999. Based on this

and other information presented here, the Council recommended halibut

and red king crab bycatch rate standards for the first half of 2000.

These standards are unchanged from those specified for the past 5

years. The Council's recommended bycatch rate standards are listed in

Table 1 to this part.

Table 1--Bycatch Rate Standards, By Fishery and Quarter, For The First

Half Of 2000 For Purposes Of The Vessel Incentive Program In The BSAI

and GOA.

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Fishery and quarter 2000 bycatch rate standard

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Halibut bycatch rate standards (kilogram (kg) of halibut/metric ton (mt)

of groundfish catch

BSAI Midwater pollock

Qt 1................................ 1.0

Qt 2................................ 1.0

BSAI Bottom pollock

Qt 1................................ 7.5

Qt 2................................ 5.0

BSAI Yellowfin sole

Qt 1................................ 5.0

Qt 2................................ 5.0

BSAI Other trawl

Qt 1................................ 30.0

Qt 2................................ 30.0

GOA Midwater pollock

Qt 1................................ 1.0

Qt 2................................ 1.0

GOA Other trawl

Qt 1................................ 40.0

Qt 2................................ 40.0

Zone 1 red king crab bycatch rate standards (number of crab/mt of

groundfish catch)

BSAI yellowfin sole

Qt 1................................ 2.5

Qt 2................................ 2.5

BSAI Other trawl

Qt 1................................ 2.5

Qt 2................................ 2.5

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Bycatch Rate Standards for Pacific Halibut

The BSAI pollock roe season currently begins January 20 and ends

April 15, although pollock seasons in 2000 are expected to change under

proposed regulations implementing new Steller sea lion conservation

measures. In 1999, the inshore and offshore component fisheries for

pollock were closed 6 to 8 weeks prior to April 15, depending on the

processing component and area. Directed fishing for pollock by the

inshore and offshore component fisheries did not reopen until August 1,

the start of the pollock non-roe season. Directed fishing for pollock

by vessels participating in the community development quota program

could continue after the end of roe season. However, the community

development quota pollock fishery did not resume until just prior to

August 1. As in past years, the directed fishing allowances specified

for the 2000 pollock roe season likely will be reached before the end

of the roe season.

As in past years, the halibut bycatch rate standard recommended for

the BSAI and GOA midwater pollock fisheries (1 kg halibut/mt of

groundfish) is higher than the bycatch rates normally experienced by

vessels participating in these fisheries. The recommended standard is

intended to encourage vessel operators to maintain off-bottom trawl

operations.

In 1999, directed fishing for pollock by vessels using nonpelagic

trawl gear in the BSAI was prohibited under Sec. 679.20(a)(5)(i)(B). In

spite of this prohibition, the catch composition in observed hauls on

board some vessels still was attributed to the BSAI botttom pollock

fishery with an average halibut bycatch rate in the first calendar

quarter fishery equal to 2.49 kg halibut/mt groundfish. The Council has

again proposed that the amount of pollock that may be taken in the 2000

directed fishery for pollock using non-pelagic trawl gear be set at

zero metric tons under Sec. 679.20(a)(5)(i)(B). Although this

prohibition will be effective for 2000, the recommended halibut bycatch

rate standard remains at 7.5 kg halibut/mt groundfish and will not

likely be a factor in the directed pollock fishery. The bycatch rate

standard for the second quarter remains at 5 kg halibut/mt groundfish

even though little fishing for pollock is anticipated during this

period.

Other factors that could affect the spatial and temporal

distribution of the directed pollock fishery include the 2000

allocations of pollock among the inshore and offshore fleets under the

American Fisheries Act and the implementation of conservation measures

that are necessary under the Endangered Species Act to mitigate pollock

fishery impacts on Steller sea lions. At this time, the effects of

these changes on halibut bycatch rates in the pollock fishery are

unknown.

Data available on halibut bycatch rates in the yellowfin sole

fishery during the first and second quarters of 1999 showed an average

bycatch rate of 5.05 and 7.44 kg halibut/mt of groundfish,

respectively. These rates are similar to past years, so the Council and

NMFS have presumed that a bycatch rate standard of 5.0 kg halibut/mt of

groundfish for the yellowfin sole fishery will continue to encourage

vessel operators to take action to avoid

[[Page 72574]]

excessively high bycatch rates of halibut.

For the ``other trawl'' fisheries, the Council recommended a 30 kg

halibut/mt of groundfish bycatch rate standard for the BSAI and a 40 kg

halibut/mt of groundfish bycatch rate standard for the GOA. Observer

data collected from the 1999 BSAI ``other trawl'' fishery show first

and second quarter halibut bycatch rates of 21.44 and 33.05 kg halibut/

mt of groundfish, respectively. Observer data collected from the 1999

GOA ``other trawl'' fishery show first and second quarter halibut

bycatch rates of 32.48 and 58.87 kg halibut/mt of groundfish,

respectively.

With the exception of the BSAI and GOA second quarter ``other

trawl'' fisheries, the average bycatch rates experienced by vessels

participating in the GOA and BSAI ``other trawl'' fisheries have been

lower than the Council's recommended bycatch rate standards for these

fisheries. The Council determined that its recommended halibut bycatch

rate standards for the ``other trawl'' fisheries, including the second

quarter BSAI and GOA fisheries, would continue to provide an incentive

to vessel operators to avoid unusually high halibut bycatch rates while

participating in these fisheries and contribute towards an overall

reduction in halibut bycatch rates experienced in the Alaska trawl

fisheries.

Furthermore, these standards would provide some leniency to those

vessel operators who choose to use large mesh trawl gear or other

device as a means to reduce groundfish discard amounts. The bycatch

rates of halibut and crab could increase for those vessels using large

mesh sizes, but the Council recommended maintaining the current bycatch

rate standards for the ``other trawl'' fisheries until data become

available that could provide a basis for bycatch rate standards for

vessels using large mesh trawl gear.

Bycatch Rate Standards for Red King Crab

For the BSAI yellowfin sole and ``other trawl'' fisheries in Zone 1

of the Bering Sea subarea, the Council's recommended red king crab

bycatch rate standard is 2.5 crab/mt of groundfish. This standard is

unchanged since 1992. The red king crab bycatch rates experienced by

the yellowfin sole fishery in Zone 1 during the first and second

quarters of 1999 averaged 0.04 and 0.03 crab/mt of groundfish,

respectively. The average bycatch rates of red king crab experienced in

the ``other trawl'' fishery during the first and second quarter of 1999

were 0.13 and 0.05 crab/mt groundfish, respectively. The low 1999 red

king crab bycatch rates primarily were due to trawl closures in Zone 1

that were implemented to reduce red king crab bycatch.

For the period January through October 1999, the total bycatch of

red king crab by trawl vessels fishing in Zone 1 is estimated at 98,000

crab, considerably less than the 200,000 red king crab bycatch limit

established for the trawl fisheries in Zone 1. NMFS anticipates that

the 2000 red king crab bycatch in Zone 1 will be similar to 1999

because the crab bycatch reduction measures and the bycatch limit of

200,000 crab will remain the same.

In spite of anticipated 2000 red king crab bycatch rates being

significantly lower than 2.5 red king crab/mt of groundfish, the

Council recommended the red king crab bycatch rate standards be

maintained at this level to avoid unusually high crab bycatch rates

while providing some leniency to those vessel operators that choose to

use large mesh trawl gear as a means to reduce groundfish discard

amounts.

The Regional Administrator has determined that Council

recommendations for bycatch rate standards are appropriately based on

the information and considerations necessary for such determinations

under Sec. 679.21(f). Therefore, the Regional Administrator concurs in

the Council's determinations and recommendations for halibut and red

king crab bycatch rate standards for the first half of 2000 as set

forth in Table 1 to this part. These bycatch rate standards may be

revised and published in the Federal Register when deemed appropriate

by the Regional Administrator pending his consideration of the

information set forth at Sec. 679.21(f)(4).

As required in regulations at Secs. 679.2 and 679.21(f)(5), the

2000 fishing months are specified as the following periods for purposes

of calculating vessel bycatch rates under the incentive program:

Month 1: January 1 through January 29;

Month 2: January 30 through February 26;

Month 3: February 27 through April 1;

Month 4: April 2 through May 6;

Month 5: May 7 through June 3;

Month 6: June 4 through July 1;

Month 7: July 2 through July 29;

Month 8: July 30 through September 2;

Month 9: September 3 through September 30;

Month 10: October 1 through October 28;

Month 11: October 29 through December 2; and

Month 12: December 3 through December 31.

Classification

This action is taken under 50 CFR 679.21(f) and is exempt from OMB

review under Executive Order 12866.

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

Dated: December 21, 1999.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 99-33633 Filed 12-27-99; 8:45 am]

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