[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Rules and Regulations]
[Pages 34125-34127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16173]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[I.D. 053101F]
Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate
Standards for the Second Half of 2001
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 second half of 2001. Publication of these bycatch
rate standards is required by 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.), July 1, 2001,
through 2400 hours, A.l.t., December 31, 2001. Comments on this action
must be received no later than 4:30 p.m., A.l.t., July 27, 2001.
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
[[Page 34126]]
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: The domestic groundfish fisheries in the
exclusive economic zone of the Bering Sea and Aleutian Islands
management area (BSAI) and Gulf of Alaska (GOA) are managed by NMFS
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 FMPs were
prepared by the North Pacific Fishery Management Council (Council)
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act and are implemented by regulations governing the U.S.
groundfish fisheries 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 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. For purposes
of calculating vessel bycatch rates under the incentive program, 2001
fishing months were specified in the Federal Register on January 16,
2001 (66 FR 3501).
Halibut and red king crab bycatch rate standards for the first half
of 2001 also were published in the Federal Register (66 FR 3501,
January 16, 2001). As required by Sec. 679.21(f)(3) and (4), the
Administrator of the Alaska Region, NMFS (Regional Administrator), has
established the bycatch rate standards for the second half of 2001
(July 1 through December 31). These standards were endorsed by the
Council at its April 2001 meeting and are set out in Table 1. As
required by Sec. 679.21(f)(4), bycatch rate standards are based on the
following information:
(A) Previous years' average observed bycatch rates;
(B) Immediately preceding season's average observed bycatch rates;
(C) The bycatch allowances and associated fishery closures
specified under Sec. 679.21(d) and (e);
(D) Anticipated groundfish harvests;
(E) Anticipated seasonal distribution of fishing effort for
groundfish; and
(F) Other information and criteria deemed relevant by the Regional
Administrator.
TABLE 1--BYCATCH RATE STANDARDS BY FISHERY FOR THE SECOND HALF OF 2001
FOR PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI AND GOA
------------------------------------------------------------------------
2001 Bycatch
Fishery Rate Standard
------------------------------------------------------------------------
Halibut bycatch rate standards (kilogram (kg) of halibut/metric ton (mt)
of groundfish catch)
BSAI Midwater pollock 1.0
BSAI Bottom pollock 5.0
BSAI Yellowfin sole 5.0
BSAI Other trawl 30.0
GOA Midwater pollock 1.0
GOA Other trawl 40.0
Zone 1 red king crab bycatch rate standards (number of crab/mt of
groundfish catch)
BSAI yellowfin sole 2.5
BSAI Other trawl 2.5
------------------------------------------------------------------------
Bycatch Rate Standards for Pacific Halibut
The halibut bycatch rate standards for the second half of 2001
trawl fisheries are unchanged from those implemented for the second
half of 2000. The Regional Administrator based standards for the second
half of 2001 on anticipated seasonal fishing effort for groundfish
species and on 1997-2000 halibut bycatch rates observed in the trawl
fisheries included under the incentive program. Along with bycatch rate
standards, the industry is exploring opportunities under fishery
cooperatives and other voluntarily arrangements to control bycatch and
optimize the amount of groundfish harvested under halibut and crab
bycatch limits. Under Sec. 679.50(k), vessel-specific prohibited
species bycatch rates from observer data are published weekly on the
NMFS, Alaska Region website (www.fakr.noaa.gov).
In determining these bycatch rate standards, the Regional
Administrator considered the annual and seasonal bycatch specifications
for the BSAI and the GOA trawl fisheries (66 FR 7276, January 22,
2001). He further recognized that the Council had requested NMFS to
implement by emergency interim rule a delay in the second season
opening date for the GOA inshore and offshore Pacific cod fisheries
from June 10 to September 1. This rulemaking was published in the
Federal Register on June 13, 2001 (66 FR 31845). The GOA shallow-water
and deep-water trawl fishery species complexes are closed until July 1,
2001. In the BSAI, the rockfish, yellowfin sole, and rock sole/flathead
sole/other flatfish fishery categories will open or reopen on July 1
when seasonal apportionments of halibut bycatch allowances specified
for these fisheries become available. The BSAI Pacific cod trawl
fishery is open for catcher vessels and catcher processors. The
Regional Administrator also considered the June 10 opening date of the
2001 Bering Sea pollock ``C/D'' season (Sec. 679.23(e)(2)) and the
Gulf of Alaska ``C'' and ``D'' season pollock fisheries on August 20
and October 1, respectively (Sec. 679.23(d)(2)). The Regional
Administrator acknowledged that the 2001 BSAI and GOA trawl fisheries
for pollock and Pacific cod are closed November 1 for the remainder of
the year as a protection measure for the endangered Western population
of Steller sea lions.
The halibut bycatch rate standards for the BSAI yellowfin sole and
``bottom pollock'' trawl fisheries are each set at 5 kilograms (kg) of
halibut per metric ton (mt) of groundfish. The BSAI yellowfin sole
fishery has experienced undesirably high bycatch rates that NMFS and
the Council wish to reduce through existing incentives. The American
Fisheries Act (AFA) cooperatives should help participating vessels
maintain overall bycatch rates of halibut in the yellowfin sole fishery
to a minimal level so that the amount of groundfish harvested may be
optimized under the AFA prohibited species catch sideboard provisions.
The average halibut bycatch rate for the 2000 third and fourth calendar
quarter fisheries was equal to 13 and 11 kg halibut/mt groundfish,
respectively. These rates are lower than those in 1999. The prohibition
on the use of nonpelagic trawl gear has reduced the number of hauls
assigned to the BSAI ``bottom pollock'' fishery and the bycatch rates
are lower. Assignment to a fishery for purposes of the vessel incentive
program is based on catch composition instead of gear type; this allows
a vessel
[[Page 34127]]
using pelagic trawl gear to be assigned to the BSAI bottom pollock
fishery defined at 50 CFR 679.21(f)(2). The average halibut bycatch
rate for the 2000 third and fourth calendar quarter pollock fisheries
was equal to 0.68 and 1.95 kg halibut/mt groundfish, respectively.
The halibut bycatch rate standard for the BSAI and GOA midwater
pollock fisheries (1 kg of halibut/mt of groundfish) is higher than the
bycatch rates normally experienced by vessels participating in these
fisheries, except for the third quarter of 2000 in the GOA. This
standard is intended to encourage vessel operators to maintain off-
bottom trawl operations and limit further bycatch of halibut in the
pollock fishery. One factor that may have contributed to the 1.91 kg
halibut/mt groundfish rate for the third quarter of 2000 in the GOA was
the change in the spatial distribution of the pollock fishery because
of the court-ordered injunction on fishing for groundfish with trawl
gear in Steller sea lion critical habitat.
The considerations that support the bycatch rate standards for the
``other trawl'' fisheries are unchanged from previous years and are
discussed in the Federal Register publications of 1995 bycatch rate
standards (60 FR 2905, January 12, 1995, and 60 FR 27425, May 24,
1995). A bycatch rate standard of 30 kg halibut/mt of groundfish is
established for the BSAI ``other trawl'' fishery. This standard has
remained unchanged since 1992. Observer data from the 2000 BSAI ``other
trawl'' fishery show third and fourth quarter halibut bycatch rates of
10 and 5 kg of halibut/mt of groundfish. The first quarter rate from
the 2001 BSAI ``other trawl'' fishery was 11 kg of halibut/mt of
groundfish. A bycatch rate standard of 40 kg of halibut/mt of
groundfish is established for the GOA ``other trawl'' fishery, which is
unchanged since 1994. At times, quarterly bycatch rates have exceeded
the bycatch rate standards, but these situations usually represent
limited fishing effort in the second and fourth quarters. Observer data
collected from the 2000 GOA ``other trawl'' fishery show average third
and fourth quarter halibut bycatch rates of 23 and 46 kg of halibut/mt
of groundfish, respectively. The first quarter rate from 2001 was 14 kg
of halibut/mt of groundfish.
Bycatch Rate Standards for Red King Crab
The red king crab bycatch rate standard for the yellowfin sole and
``other trawl'' fisheries in Zone 1 of the Bering Sea subarea is 2.5
crab/mt of groundfish during the second half of 2001. This standard has
remained unchanged since 1992. Through April 14, 2001, the rock sole/
flathead sole/other flatfish fishery category have taken 34 percent of
its annual red king crab bycatch allowance including the Red King Crab
Savings Subarea bycatch limit. The Pacific cod and yellowfin sole
fisheries have taken 13 percent and 33 percent, respectively, of their
bycatch allowances. The Regional Administrator anticipates that the
non-pelagic trawl gear closure of the Red King Crab Savings Area in
Zone 1 will continue to result in low red king crab bycatch rates for
the remainder of the year and is maintaining the 2.5 red king crab/mt
of groundfish bycatch rate standard.
The Regional Administrator has determined that the bycatch rate
standards set forth in Table 1 for the second half of 2001 are
appropriately based on the information and considerations necessary for
such determinations under Sec. 679.21(f). 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).
Classification
NMFS finds that the prevention of excessive prohibited species
bycatch rates constitutes good cause to waive the requirement for prior
notice and comment period pursuant to 5 U.S.C. 553(b)(B) as such
procedures are contrary to the public interest. Because the halibut and
red king crab bycatch rate standards for the second half of 2001 must
be effective by July 1, 2001, when the bycatch rate standards for the
first half of 2001 expire, NMFS finds for good cause that the
implementation of this action cannot be delayed for 30 days.
Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is
hereby waived.
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: June 21, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 01-16173 Filed 6-26-01; 8:45 am]
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