Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone Gulf of Alaska groundfish,
[Federal Register: January 4, 1999 (Volume 64, Number 1)]
[Rules and Regulations]
[Page 46-50]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja99-23]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 981222314-8321-02; I.D. 121698B]
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Interim 1999 Harvest Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Interim 1999 harvest specifications for groundfish and associated management measures.
SUMMARY: NMFS issues interim 1999 total allowable catch (TAC) amounts for each category of groundfish and specifications for prohibited species bycatch allowances for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to conserve and manage the groundfish resources in the GOA and is intended to implement the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).
DATES: Effective 0001 hrs, Alaska local time (A.l.t.), January 1, 1999, until the effective date of the final 1999 harvest specifications for GOA 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 907-586-7237. The Final Supplemental Environmental Impact Statement as well as an Environmental Assessment prepared for this action and the final 1999 GOA groundfish specifications may be obtained from the Alaska Region, NMFS, P.O. Box 21668, Juneau, Alaska 99801-21668, Attn: Lori Gravel.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Federal regulations at 50 CFR part 679 that implement the FMP govern the groundfish fisheries in the GOA. The North Pacific Fishery Management Council (Council) prepared the FMP, and NMFS approved it under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). General regulations that also pertain to the U.S. fisheries appear at 50 CFR part 600.
The Council met October 7 to 12, 1998, to review scientific information concerning groundfish stocks. At that meeting, the Council adopted the preliminary SAFE Report for the 1999 GOA groundfish fisheries. The preliminary SAFE Report, dated September 1998, provides an update on the status of stocks. Copies of the preliminary SAFE Report are available for public review from the Council (see ADDRESSES). The Council recommended a preliminary total TAC of 327,046 metric tons (mt) and a preliminary total acceptable biological catch of 548,650 mt for the 1999 fishing year.
Under Sec. 679.20(c)(1)(ii), NMFS published in the December 30, 1998 Federal Register, the proposed initial harvest specifications for groundfish and associated management measures in the GOA for the 1999 fishing year. That action discusses in detail the 1999 specification process, as well as 1999 proposed specifications, reserves, apportionments for groundfish, and PSC limits.
This action provides interim harvest specifications and apportionments thereof of GOA 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, by emergency interim rule, conservation measures to mitigate impacts of the GOA pollock fishery on Steller sea lions and their critical habitat. Prior to the opening of the 1999 pollock trawl fisheries, NMFS will implement measures necessary to ensure that the pollock trawl fisheries do not jeopardize the continued existence, or adversely modify the critical habitat, of Steller sea lions. NMFS will revise the pollock interim specifications accordingly.
Establishment of Interim TACs
Regulations at Sec. 679.20(c)(2) require that one-fourth of each proposed TAC and apportionment thereof (not including the reserves and the first seasonal allowance of pollock), one-fourth of the proposed halibut prohibited species catch (PSC) amounts, and the proposed first seasonal allowance of pollock become available for harvest at 0001 hours, A.l.t., January 1, on an interim basis and remain in effect until superseded by the final harvest specifications.
On December 16, 1998, NMFS approved portions of Amendment 51 to the FMP, which allocate 100 percent of the pollock TAC and 90 percent of the Pacific cod TAC to vessels catching pollock and Pacific cod for processing by the inshore component. Ten percent of the Pacific cod TAC is allocated to vessels catching Pacific cod for processing by the offshore component.
The reserves for the GOA are 20 percent of the TAC amounts for pollock, Pacific cod, flatfish species, and the ``other species'' category. The GOA groundfish TAC amounts have been fully utilized since 1987. NMFS expects this trend to continue in 1999, and, with the exception of Pacific cod, has proposed reapportioning all the reserves to TAC.
The Pacific cod fishery in the GOA has become increasingly difficult to manage. The increased number of participants, unexpected increases in harvest rates, and unexpected shifts to other management areas and targets in the GOA have resulted in overharvests of Pacific cod in some areas. Therefore, NMFS proposed to initially reserve 20 percent of the Pacific cod TACs in the GOA as a management buffer to prevent exceeding the Pacific cod TAC.
With the exception of Pacific cod, the interim TAC amounts contained in Table 1 to this part reflect the
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reapportionment of reserves back to the TAC.
Interim 1999 GOA Groundfish Harvest Specifications and Apportionments
Table 1 to this part provides interim TAC amounts, interim TAC allocations of Pacific cod to the inshore and offshore components, the first seasonal allowance of pollock in the combined Western and Central regulatory areas, and interim sablefish TAC apportionments to hook-and- line and trawl gear. These interim TAC amounts and apportionments become effective at 0001 hours, A.l.t., January 1, 1999. This table also lists inshore/offshore allocations of Pacific cod that will be effective under the final rule implementing the inshore/offshore allocations of Pacific cod authorized under Amendment 51 to the FMP that was approved by NMFS on December 16, 1998.
Table 1.--Interim 1999 TAC Amounts of Groundfish for the Combined
Western/Central (W/C), Western (W), Central (C), and Eastern (E) Regulatory Areas, and in the West Yakutat (WYak), Southeast Outside (SEO), and Gulfwide (GW) Districts of the Gulf of Alaska (GOA);\1\ \2\ the First Seasonal Allowances of Pollock in the Combined W/C Regulatory Areas; Interim Sablefish TAC Apportionments to Hook-and-Line (H/L) and Trawl (TRW) Gear
Interim TAC Species
Area
(mt)
Pollock ‹SUP›3 ‹SUP›4 W (610)
7,450 C (620)
12,510 C (630)
9,830
Subtotal................... W/C
29,790 E
1,395
Total...................... .......................
31,185 Pacific cod \5\
Inshore.................... W
4,171
Offshore................... W
436
Inshore.................... C
7,510
Offshore................... C
834
Inshore.................... E
211
Offshore................... E
23
Total...................... .......................
12,523 Flatfish, Deep-water \6\ W
85 C
923 E
785
Total...................... .......................
1,793 Rex sole W
298 C
1,373 E
618
Total...................... .......................
2,288 Flathead sole W
500 C
1,250 E
510
Total...................... .......................
2,260 Flatfish, Shallow-water \7\ W
1,125 C
3,238 E
295
Total...................... .......................
4,658 Arrowtooth flounder W
1,250 C
6,250 E
1,250
Total...................... .......................
8,750 Sablefish ‹SUP›8 ‹SUP›9 ‹SUP›10
H/L........................ W
N/A(368)
TRW........................ W
92
H/L........................ C
N/A(1,264)
TRW........................ C
316
TRW........................ E
75
H/L........................ WYak
N/A(543)
H/L........................ SEO
N/A(872)
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Total...................... .......................
3,530 Pacific ocean perch \11\ W
453 C
1,650 E
592
Total...................... .......................
2,694 Shortraker/rougheye \12\ W
40 C
242 E
115
Total...................... .......................
397 Rockfish, northern \13\ W
210 C
1,037 E
3
Total...................... .......................
1,250 Rockfish, other ‹SUP›14 ‹SUP›15 W
5 C
162 E
375
Total...................... .......................
542 Rockfish, pelagic shelf \16\ W
155 C
815 E
250
Total...................... .......................
1,220 Rockfish, demersal shelf SEO \17\ SEO
140 Thornyhead rockfish W
63 C
178 E
260
Total...................... .......................
500 Atka mackerel GW
150
Other species \18\......... .......................
3,893
GOA Total Interim TAC...... .......................
78,462 (Interim TAC amounts have been rounded.)
\1\ Reserves have been reapportioned back to each species TAC and are reflected in the interim TAC amounts except for Pacific cod. (See Sec. 679.20(a)(2).) \2\ See Sec. 679.2 for definitions of regulatory area and statistical area. See Figure 3b to part 679 for a description of regulatory district. \3\ Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area, and is further divided into three allowances of 25 percent, 35 percent, and 40 percent. The first allowances are in effect on an interim basis as of January 1, 1999. In the Eastern Regulatory Area, pollock is not divided into less than annual allowances, and one-fourth of the TAC is available on an interim basis. \4\ Under Amendment 51 of the FMP approved by NMFS on December 16, 1998, the pollock TAC in all regulatory areas will be allocated 100 percent to vessels catching groundfish for processing by the inshore component after subtraction of amounts that are determined by the Regional Administrator, NMFS, to be necessary to support the bycatch needs of the offshore component in directed fisheries for other groundfish species. At this time, these bycatch amounts are unknown and will be determined during the fishing year. (See Sec. 679.20(a)(6)(ii)). \5\ The Pacific cod TAC in all regulatory areas is allocated 90 percent to vessels catching groundfish for processing by the inshore component and 10 percent to vessels catching groundfish for processing by the offshore component. (See Sec. 679.20(a)(6)(iii).) \6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot and deepsea sole. \7\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish'', flathead sole, rex sole, or arrowtooth flounder. \8\ Sablefish TAC amounts for each of the regulatory areas and districts are assigned to hook-and-line and trawl gear. In the Central and Western Regulatory Areas, 80 percent of the TAC is allocated to hook- and-line gear and 20 percent to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is assigned to hook-and-line gear. Five percent is allocated to trawl gear and may only be used as bycatch to support directed fisheries for other target species. (See Sec. 679.20(a)(4).)
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\9\ The sablefish hook-and-line (H/L) gear fishery is managed under the Individual Fishing Quota (IFQ) program and is subject to regulations contained in subpart D of 50 CFR part 679. Annual IFQ amounts are based on the final TAC amount specified for the sablefish H/L gear fishery as contained in the final specifications for groundfish. Under Sec. 679.7(f)(3), retention of sablefish caught with H/L 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 H/L gear will not be authorized under these interim specifications. Nonetheless, interim amounts are shown in parentheses to reflect assignments of one-fourth of the proposed TAC amounts among gear categories and regulatory areas in accordance with Sec. 679.20(c)(2)(i). See Sec. 679.40 for guidance on the annual allocation of IFQ. \10\ Sablefish caught in the GOA with gear other than hook-and-line or trawl gear must be treated as prohibited species and may not be retained. \11\ ``Pacific ocean perch'' means Sebastes alutus. \12\ ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye). \13\ ``Northern rockfish'' means Sebastes polyspinis. \14\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means slope rockfish. \15\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegateu (harlequin), S. wilsoni (pygmy), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S. babcocki (redbanded), and S. reedi (yellowmouth). \16\ ``Pelagic shelf rockfish'' includes Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus (yellowtail). ``Offshore Pelagic shelf rockfish'' includes S. ciliatus (dusky), S. entomelas (widow), and S. flavidus (yellowtail). \17\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). \18\ ``Other species'' includes sculpins, sharks, skates, squid, and octopus. The TAC for ``other species'' equals 5 percent of the TAC amounts of target species.
Interim Halibut PSC Mortality Limits
Under Sec. 679.21(d), annual Pacific halibut PSC mortality limits are established for trawl and hook-and-line gear and may be established for pot gear. The Council recommended that the 1998 halibut mortality limits be reestablished for 1999 because no new information was available. Consistent with 1998, the Council recommended exemptions for pot gear, jig gear, and the sablefish hook-and-line fishery from halibut PSC limits for 1999. The interim PSC limits take effect on January 1, 1999, and remain in effect until superseded by the final 1999 harvest specifications. The interim halibut PSC limits are: (1) 500 mt to trawl gear, (2) 75 mt to hook-and-line gear for fisheries other than demersal shelf rockfish, and (3) 2.5 mt to hook-and-line gear for the demersal shelf rockfish fishery in the Southeast Outside District.
Regulations at Sec. 679.21(d)(3)(iii) authorize apportionments of the trawl halibut PSC limit allowance as bycatch allowances to a deep- water species complex; comprising rex sole, sablefish, rockfish, deep- water flatfish, and arrowtooth flounder, and to a shallow-water species complex; comprising pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and ``other species''. The interim 1999 apportionment for the shallow-water species complex is 417 mt and for the deep-water species complex is 83 mt.
NMFS will implement fishery closures for those fisheries where insufficient interim TAC exists to support a directed fishery. The closures will be implemented prior to the beginning of the 1999 fishing year.
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 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 Bering Sea/Aleutian Island Management Area, 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. At its December meeting, the Council recommended specific measures necessary to implement the RPAs. 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. Prior to the start of the 1999 pollock fishery, NMFS will implement these measures through emergency rulemaking.
NMFS also initiated consultation on the effects of the 1999 GOA groundfish fisheries (excluding pollock) 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 GOA (excluding pollock) are not likely to jeopardize the continued existence of the listed and candidate species, or to adversely modify designated critical habitat.
The Assistant Administrator for Fisheries (AA), NOAA, finds for good cause under 5 U.S.C. 553(b)(B) that the need to establish interim total allowable catch level limitations and related management measures for fisheries in the GOA, 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. Likwise, the AA finds for good cause under 5 U.S.C. 553(d)(3) that the need to establish interim TAC levels and other management measures in the GOA, effective on 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 GOA 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 January 1, 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 GOA 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 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 GOA have been published in the
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Federal Register on December 30, 1998, and provide the opportunity for public comment. The interim specifications 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. and 1801 et seq.
Dated: December 28, 1998. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 98-34729Filed12-28-98; 4:55 pm]
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