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

[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Rules and Regulations]
[Pages 12103-12116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6027]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 121098D]

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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Final 1999 harvest specifications for groundfish; associated
management measures; apportionment of reserves; request for comments.

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

SUMMARY: NMFS announces final 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 for 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.

DATES: The final 1999 harvest specifications, associated management
measures, and apportionment of reserves are effective at 1200 hrs,
Alaska local time (A.l.t.), March 8, 1999 through 2400 hrs, A.l.t.,
December 31, 1999. Comments on the apportionment of reserves must be
received by March 26, 1999.

ADDRESSES: The final Environmental Assessment and Final Regulatory
Flexibility Analysis prepared for the 1999 Total Allowable Catch
Specifications may be obtained from the Sustainable Fisheries Division,
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori
Gravel, or by calling 907-586-7229. Comments on the apportionment of
reserves may be sent to Sue Salveson, Assistant Regional Administrator
for the Sustainable Fisheries Division, at the same address.
The Final 1999 Stock Assessment and Fishery Evaluation (SAFE)
report, dated November 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
shane.capron@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background for the 1999 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.

[[Page 12104]]

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 mt (Sec. 679.20(a)(1)(i)). Regulations at
Sec. 679.20(c)(3) further require NMFS to consider public comment
received on proposed annual TACs and apportionments thereof and on
proposed prohibited species catch (PSC) allowances and to publish final
specifications in the Federal Register. The final specifications set
forth in Tables 1 through 8 of this action satisfy these requirements.
For 1999, the sum of the TACs is 2 million mt. Tables 9 through 11
specify harvest limitations for the catcher/processors listed in
section 208(e) (1) through (20) of the American Fisheries Act (AFA)
(Division C, title II of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999: Public Law No. 105-277).
The proposed BSAI groundfish specifications and prohibited species
bycatch allowances for the groundfish fishery of the BSAI were
published in the Federal Register on December 30, 1998 (63 FR 71867).
Comments were invited and accepted through January 25, 1999. NMFS
received one comment on the proposed specifications. This comment, as
well as comments submitted on Amendments 51/51 regarding economic
impacts of the inshore offshore allocation, are summarized and
responded to in the Response to Comments section. Public consultation
with the Council occurred during the December 1998 Council meeting in
Anchorage, AK. After considering public comments received, as well as
biological and economic data that were available at the Council's
December meeting, NMFS is implementing the final 1999 groundfish
specifications as recommended by the Council.
Regulations at Sec. 679.20(c)(2)(ii) establish interim amounts of
each proposed initial TAC (ITAC) and allocations thereof and proposed
PSC allowances established under Sec. 679.21 that become available at
0001 hours A.l.t., January 1 and remain available until superseded by
the final specifications. NMFS published the interim 1999 groundfish
harvest specifications in the Federal Register on January 4, 1999 (64
FR 50). The interim TACs for pollock and Atka mackerel were revised by
subsequent rulemaking effective January 20, 1999 (64 FR 3437 and 64 FR
3446, respectively). Regulations at Sec. 679.20(c)(2)(ii) do not
provide for an interim specification either for the hook-and-line and
pot gear sablefish community development quota (CDQ) reserve or for
sablefish managed under the Individual Fishing Quota management plan.
The final 1999 groundfish harvest specifications and prohibited species
bycatch allowances contained in this action supersede the interim 1999
specifications.

Acceptable Biological Catch (ABC) and TAC Specifications

The Council, its Advisory Panel (AP), and its Scientific and
Statistical Committee (SSC) reviewed current biological information
about the condition of groundfish stocks in the BSAI at their October
and December 1998 meetings. This information was compiled by the
Council's Plan Team and is presented in the final 1999 SAFE report for
the BSAI groundfish fisheries, dated November 1998. The SAFE report
contains a review of the latest scientific analyses and estimates of
each species' biomass and other biological parameters, as well as
summaries of the available information on the BSAI ecosystem and the
economic condition of groundfish fisheries off Alaska. From these data
and analyses, the Plan Team estimates an ABC for each species or
species category.
The ABC amounts adopted by the Council for the 1999 fishing year
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 ABC 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. Details of the Plan Team's
recommendations for 1999 overfishing and ABC amounts for each species
are provided in the final 1999 SAFE report.
At its October 1998 meeting, the SSC, AP, and Council reviewed the
Plan Team's preliminary recommendations for 1999 proposed ABC amounts.
The preliminary ABCs for each species for 1999 and other biological
data from the September 1998 draft SAFE report were provided in the
discussion supporting the proposed 1999 specifications (63 FR 71867,
December 30, 1998). Based on the SSC's comments concerning technical
methods and on new biological data not available in September, the Plan
Team revised its ABC recommendations in the final SAFE report. The
revised ABC recommendations were again reviewed and endorsed by the
SSC, AP, and Council at their December 1998 meetings. The final ABCs as
adopted by the Council are listed in Table 1.
The final TAC recommendations were based on the ABCs as adjusted
for other biological and socioeconomic considerations, including
maintaining the sum of the TACs in the required optimum (OY) range of
1.4 million to 2.0 million mt. The Council utilized the AP's TAC
recommendations as a starting point while also considering individual
stock vulnerability and ecosystem level concerns brought forth by the
Plan Team and the SSC. None of the Council's recommended TACs for 1999
exceeds the final ABC for any species category. Therefore, NMFS finds
that the recommended TACs are consistent with the biological condition
of groundfish stocks.
Table 1 lists the 1999 ABC, TAC, ITAC, and CDQ reserve amounts,
overfishing levels, and initial apportionments of groundfish in the
BSAI. The apportionment of TAC amounts among fisheries and seasons is
discussed below.

Table 1.--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\
[All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overfishing
Species Area level ABC TAC ITAC \2\ CDQ reserve
------------------------------------------------------------------------------------------------------------------------------------------------\3\-----
Pollock \4\............................... Bering Sea (BS)............. 1,720,000 992,000 992,000 892,800 99,200
Aleutian Islands (AI)....... 31,700 23,800 2,000 1,800 200

[[Page 12105]]

Bogoslof District........... 21,000 15,300 1,000 900 100
Pacific cod............................... BSAI........................ 264,000 177,000 177,000 150,450 13,275
Sablefish \5\............................. BS.......................... 2,090 1,340 1,340 569 184
AI.......................... 2,890 1,860 1,380 293 232
Atka mackerel............................. Total....................... 148,000 73,300 66,400 56,440 4,980
Western AI.................. .............. 30,700 27,000 22,950 2,025
Central AI.................. .............. 25,600 22,400 19,040 1,680
Eastern AI/BS............... .............. 17,000 17,000 14,450 1,275
Yellowfin sole............................ BSAI........................ 308,000 212,000 207,980 176,783 15,598
Rock sole................................. BSAI........................ 444,000 309,000 120,000 102,000 9,000
Greenland turbot.......................... Total....................... 29,700 14,200 9,000 7,651 674
BS.......................... .............. 9,514 6,030 5,126 452
AI.......................... .............. 4,686 2,970 2,525 222
Arrowtooth flounder....................... BSAI........................ 219,000 140,000 134,354 114,201 10,076
Flathead sole............................. BSAI........................ 118,000 77,300 77,300 65,705 5,797
Other flatfish \6\........................ BSAI........................ 248,000 154,000 154,000 130,900 11,550
Pacific ocean perch....................... BS.......................... 3,600 1,900 1,400 1,190 105
AI Total.................... 19,100 13,500 13,500 11,476 1,011
Western AI.................. .............. 6,220 6,220 5,287 466
Central AI.................. .............. 3,850 3,850 3,273 288
Eastern AI.................. .............. 3,430 3,430 2,916 257
Other red rockfish \7\.................... BS.......................... 356 267 267 227 20
Sharpchin/Northern........................ AI.......................... 5,640 4,230 4,230 3,596 317
Shortraker/rougheye....................... AI.......................... 1,290 965 965 821 72
Other rockfish \8\........................ BS.......................... 492 369 369 314 27
AI.......................... 913 685 685 583 51
Squid..................................... BSAI........................ 2,620 1,970 1,970 1,675 (\9\)
Other species \10\........................ BSAI........................ 129,000 32,860 32,860 27,931 2,464
-------------------------------------------------------------------------------
Total................................. ............................ 3,719,391 2,247,846 2,000,000 1,748,305 174,933
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) Subarea unless otherwise specified. With the exception of pollock and
for the purpose of these specifications, the Bering Sea subarea 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)). Fifteen percent of the groundfish CDQ reserve
established for arrowtooth flounder and ``other species'' is allocated to a non-specific CDQ reserve found at Sec. 679.31(g).
\4\ Ten percent of the pollock TAC is allocated to the pollock CDQ fishery under paragraph 206(a) of the AFA. The pollock ITAC is equal to the TAC minus
the CDQ allocation. Under authority of the AFA, NMFS is allocating 6 percent of the pollock ITAC as an incidental catch allowance (see section 206(b)
of the AFA). NMFS, under regulations at Sec. 679.20(a)(5)(i)(B), allocates zero mt of pollock to nonpelagic trawl gear. This action is based on the
Council's intent to prohibit the use of nonpelagic trawl gear in 1999 because of concerns of unnecessary incidental catch with bottom trawl gear in
the pollock fishery.
\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\ A final rule effective on January 21, 1999, was published in the Federal Register on January 26, 1999 (64 FR 3877) which removes squid from the CDQ
program.
\10\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec. 679.2, are not included in the ``other species''
category.

Reserves and the Incidental Catch Allowance for Pollock

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 by 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.
With the exception of squid, 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. 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. 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

[[Page 12106]]

PSQ reserve for the CDQ fisheries. Regulations governing the management
of the CDQ and PSQ reserves are set forth at Secs. 679.30 and 679.31.
Under section 206(b) of the AFA, NMFS is specifying a pollock
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, possibly as a result of new mandatory
retention and utilization standards for this species (Sec. 679.27).
However, NMFS believes that a 6-percent incidental catch allowance is
needed for 1999 in order to effectively manage the fishery without
exceeding the overall TAC for pollock.
The Administrator, Alaska Region, NMFS (Regional Administrator) has
determined that the ITACs specified for the species listed in Table 2
need to be supplemented from the non-specified reserve because U.S.
fishing vessels have demonstrated the capacity to harvest their full
TAC allocations. Therefore, in accordance with Sec. 679.20(b)(3), NMFS
is apportioning the amounts shown in Table 2 from the nonspecified
reserve to increase the ITAC to an amount that is equal to TAC minus
CDQ reserve. A release of a portion of the pollock incidental catch
allowance is discussed separately below.

Table 2.--Apportionment of Reserves to ITAC Categories
------------------------------------------------------------------------
Reserve amount Final ITAC
Species--area or subarea (mt) (mt)
------------------------------------------------------------------------
Atka mackerel--Western Aleutian Islands. 2,025 24,975
Atka mackerel--Central Aleutian Islands. 1,680 20,720
Atka mackerel--Eastern Aleutian Is. & 1,275 15,725
Bering Sea subarea.....................
Pacific ocean perch--Western Aleutian 466 5,753
Islands................................
Pacific ocean perch--Central Aleutian 288 3,561
Islands................................
Pacific ocean perch--Eastern Aleutian 257 3,173
Islands................................
Pacific cod--BSAI....................... 13,275 163,725
Shortraker/rougheye rockfish--Aleutian 72 893
Islands................................
Sharpchin/Northern rockfish--Aleutian 317 3,913
Islands................................
-------------------------------
Total............................... 19,655 242,438
------------------------------------------------------------------------

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.
At its December 1998 meeting, NMFS informed the Council that the
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 started on January 20. Therefore, the Council
recommended that none of the BSAI pollock TAC be allocated to the
directed fishery for pollock with nonpelagic trawl gear. NMFS concludes
that this action is necessary to reduce unnecessary bycatch of PSC and
incidental catch of other groundfish species in the 1999 pollock
fishery and to carry out the Council's intent for this fishery.

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.
The AFA also contains three specific requirements concerning
pollock and pollock allocations. First, 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 by offshore catcher vessels listed in section 208(b) harvesting
pollock for processing by offshore catcher/processors listed in section
208(e). These amounts are listed in Table 3. Second, paragraph
210(e)(1) prohibits any 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. For 1999, based on a
TAC of 992,000 mt, this limit is 173,600 mt. Third, 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.

Implementation of Steller Sea Lion Conservation Measures

On January 22, 1999, NMFS published an emergency interim rule (64
FR 3437), implementing reasonable and prudent alternatives to avoid the
likelihood that the pollock fisheries off Alaska will jeopardize the
continued existence of the western population of Steller sea lions or
adversely modify their critical habitat. The emergency rule, effective
January 20, 1999, through July 19, 1999, implements three types of
management measures for the pollock fisheries in the BSAI: (1) measures
to temporarily disperse fishing effort, (2) measures to spatially
disperse fishing effort, and (3) pollock trawl exclusion zones around
important Steller sea lion rookeries and haulouts.

[[Page 12107]]

The Council, as part of its emergency rule, recommended that NMFS
close the entire Aleutian Islands Subarea to directed fishing for
pollock and that the pollock TAC for the Aleutian Islands subarea be
reduced to 2,000 mt to provide for incidental catch of pollock by
vessels participating in other groundfish fisheries (see Table 1).
Emergency interim regulations at Secs. 679.20(a)(5)(i)(C) and
679.23(e)(4) apportion the pollock ITAC in the BSAI for the inshore and
catcher/processor sectors into four seasonal allowances as follows: A1
season, January 20 through February 15, 27.5 percent; A2 season,
February 20 through April 15, 12.5 percent; B season, August 1 through
September 15, 30 percent; C season, September 15 until November 1, 30
percent (see Table 3 below). The mothership sector has a combined A1-A2
seasonal allowance beginning on February 1 and ending on April 15,
equal to 40 percent of the pollock allocation to this sector. The
mothership B and C seasonal apportionments are equal to those of the
inshore and catcher/processor sectors. The Council recommended that the
CDQ pollock reserve be apportioned into two seasonal allowances: A
season, January 20 through April 15, 45 percent of the CDQ reserve for
pollock; B season, April 15 through December 31, 55 percent of the CDQ
reserve for pollock.
Under the emergency rule, overages and underages of seasonal TAC
apportionments are ``rolled over'' to subsequent fishing seasons during
the same year, except that the combined fishing activities of all
sectors during a fishing season may not exceed 30 percent of the annual
TAC and limitations on harvest within critical habitat.
The Regional Administrator has determined that a portion of the
pollock incidental catch allowance equal to 7,142 mt should be
apportioned to the directed fishery in the Bering Sea subarea for the A
season only. The amount of pollock apportioned in effect reduces the
combined A1-A2 incidental catch allowance for pollock to 4 percent.
This is required to allow for the maximum harvest of the pollock TAC
within the seasonal harvest limitations of the emergency rule (64 FR
3437), which prohibits apportioning amounts of pollock into the B or C
seasons that would cause any seasonal harvest to exceed 30 percent of
the annual pollock TAC. Due to concerns over the unpredictability of
the 1999 pollock fishery, NMFS at this time is not apportioning any of
the B or C incidental catch allowances. However, NMFS may adjust these
specifications if the remaining pollock incidental catch allowance
appears to be in excess of anticipated catch in non-pollock groundfish
fisheries and an apportionment is necessary to allow for maximum
harvest of the pollock TAC. Conversely, NMFS may determine that the
incidental catch allowance must be increased to fully account for the
incidental catch of pollock in non-pollock directed groundfish
fisheries. Any adjustments to the 1999 pollock incidental catch
allowance will be accompanied under separate rulemaking that NMFS must
pursue to provide for management of pollock during the B and C seasons.
The management measures contained in the emergency rule are
effective through July 19, 1999. NMFS anticipates extending these
provisions an additional 180 days upon recommendation by the Council
with additional modifications as required by the Biological Opinion on
the pollock and Atka mackerel fisheries dated December 3, 1998, and
revised December 16, 1998. Consequently, these final specifications may
be further amended to comport with future emergency rulemaking.

Table 3.--Seasonal Allowances of the Inshore, Catcher/Processor, Mothership, and CDQ Component Allocations of Pollock TAC Amounts \1\
[All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Seasonal Apportionments
-----------------------------------------------------------------------------
Sector 1999 TAC A-1 \2\ A-2 \3\
---------------------------------------------------- B \4\ C \5\
Total CH limit Total CH limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea Subarea........................................... 992,000 ........... ........... ........... ........... ........... ...........
Inshore.................................................. 423,187 117,850 \6\ 82,495 53,568 \7\ 37,498 125,885 125,885
Offshore C/Ps \7\........................................ 338,550 94,280 37,712 42,855 17,142 100,708 100,708
Catch by C/Ps........................................ 309,773 86,266 34,506 39,212 15,685 92,148 92,148
Catch by CVs............................................. 28,777 8,014 3,206 3,643 1,457 8,560 8,560
Sec. 208(e)(21) \8\.................................. 1,693 685 ........... ........... ........... 504 504
Mothership \9\........................................... 84,637 34,284 17,142 ........... ........... 25,177 25,177
Incidental catch \10\.................................... 46,426 ........... ........... ........... ........... ........... ...........
CDQ \11\................................................. 99,200 44,640 44,640 ........... ........... 54,560 ...........
Aleutian Islands \12\........................................ 2,000
Inshore.................................................. 846
Offshore C/Ps............................................ 676
Catch by C/Ps........................................ 619
Catch by CVs......................................... 57
Mothership............................................... 169
Incidental catch......................................... 109
CDQ...................................................... 200
Bogoslof District \12\....................................... 1,000
Inshore.................................................. 423
Offshore C/Ps............................................ 338
Catch by C/Ps............................................ 309
Catch by CVs............................................. 28
Mothership............................................... 84
Incidental catch......................................... 55

[[Page 12108]]

CDQ...................................................... 100
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. Under section 206(a) of the AFA, the CDQ reserve for pollock is 10
percent. NMFS, under regulations at Sec. 679.20(a)(5)(i)(B), allocates zero mt of pollock to nonpelagic trawl gear. This action is based on the
Council's intent to prohibit the use of nonpelagic trawl gear in 1999 because of concerns of unnecessary incidental catch with bottom trawl gear in
the pollock fishery. Amounts are in metric tons.
\2\ January 20 through February 15.
\3\ February 20 through April 15.
\4\ August 1 through September 15.
\5\ September 15 through November 1.
\6\ Under the emergency rule (64 FR 3437), NMFS will close the Critical Habitat (CH)/CVOA conservation zone to inshore vessels greater than 99 ft (30.4
m) LOA while maintaining a sufficient CH/CVOA allowance to support fishing activities by inshore catcher vessels under 99 ft (30.4 m) LOA for the
duration of the current opening. However, once the specified CH/CVOA limit is reached, all inshore vessels will be prohibited from engaging in
directed fishing for pollock inside the CH/CVOA conservation zone.
\7\ Section 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance allocated to listed catcher/processors (C/Ps)
shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed catcher/processors.
\8\ The AFA requires that vessels described in section 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.
\9\ The mothership sector has a single A season apportionment from February 1 through April 15, which is equal to 40 percent of its annual pollock
allocation.
\10\ The pollock incidental catch allowance is 6 percent of the TAC after subtraction of the CDQ reserve. However, an amount of the incidental catch
allowance in the Bering Sea Subarea (7,142 mt), is apportioned to the directed fishery, to reduce the A season incidental catch allowance to 4
percent.
\11\ The CDQ sector has two seasonal allocations, the first from January 20 through April 15 (45 percent of their annual CDQ reserve) and the second
from April 15 through December 31 (55 percent of their annual CDQ reserve). The CDQ sector can harvest its entire allocation within designated
critical habitat areas which are open for fishing.
\12\ The Aleutian Islands Subarea and the Bogoslof District are closed to directed fishing for pollock. The amounts specified are for incidental catch
amounts only, and are not apportioned by season.

Allocation of the Atka Mackerel TAC

Due to concerns about the potential impact of the Atka mackerel
fishery on Steller sea lions and their critical habitat, NMFS published
a final rule on January 22, 1999 (64 FR 3446), which implements
temporal and spatial changes in the Atka mackerel fisheries. This rule
divides the BSAI Atka mackerel ITAC into two equal seasonal allowances.
The first allowance is made available for directed fishing from January
1 to April 15 (A season), and the second seasonal allowance is made
available from September 1 to November 1 (B season)(Table 4).
Additionally, fishing with trawl gear in areas defined as Steller sea
lion critical habitat (see Table 1, Table 2, and Figure 4 to 50 CFR
part 226), within the Western and Central Aleutian Islands subareas is
prohibited during each Atka mackerel season when specified percentages
of the TAC are harvested within designated critical habitat areas. In
1999, the specified catch percentage is 65 percent of each seasonal
allowance for the Western Aleutian Islands and 80 percent of each
seasonal allowance for the Central Aleutian Islands. A Steller sea lion
critical habitat closure to fishing with trawl gear within a district
will remain in effect until NMFS closes Atka mackerel to directed
fishing within the same district.
For the Eastern Aleutian Islands and Bering Sea subarea, no
critical habitat closures are established under the final rule based on
Atka mackerel catch percentages inside critical habitat areas. However,
the final rule does include a variety of changes to current critical
habitat designations in both time and space within the Aleutian Islands
District. See the final rule published on January 22, 1999 (64 FR
3446), for a detailed description of regulatory changes to the Atka
mackerel fishery.
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 December
1998 meeting, the Council recommended that 1 percent of the Atka
mackerel TAC in the Eastern Aleutian Islands district/Bering Sea
subarea be allocated to the jig gear fleet. Based on an ITAC of 15,725
mt, the jig gear allocation is 157 mt.

Table 4.-- 1999 Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI Atka Mackerel
TAC,\1\ \2\
[All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Seasonal apportionment \3\
-------------------------------------
CDQ A season \4\ B season \5\
Subarea and component TAC reserve ITAC -------------------------------------
CH limit CH limit
Total \6\ Total \6\
----------------------------------------------------------------------------------------------------------------
Western Aleutian Islands..................... 27,000 2,025 24,975 12,487 8,117 12,487 8,117

[[Page 12109]]

Central Aleutian Islands..................... 22,400 1,680 20,720 10,360 8,288 10,360 8,288
Eastern AI/BS subarea \7\.................... 17,000 1,275 15,725 ....... ........ ....... ........
Jig (1%) \8\............................. ....... 157 ........ ....... ........ .......
Other gear (99%)......................... ....... ........ 15,568 7,784 ........ 7,784 ........
------------------------------------------------------------------
Total................................ 66,400 4,980 61,420 30,631 ........ 30,631 ........
----------------------------------------------------------------------------------------------------------------
\1\ The reserve has been released for Atka mackerel (see Table 2).
\2\ A final rule implementing changes to the Atka mackerel fishery was published in the Federal Register on
January 22, 1999 (64 FR 3446).
\3\ The seasonal apportionment of Atka mackerel 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 CH (Table 1, Table 2, and Figure 4 of 50 CFR part 226). In 1999, the percentage of each
seasonal allowance available for fishing inside CH is 65 percent in the Western AI and 80 percent in the
Central AI. When these CH allowances are reached, critical habitat areas will be closed to trawling until NMFS
closes Atka mackerel to directed fishing within the same district.
\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/
processors. At its December 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 5 lists
the 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 5.--1999 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC \1\
----------------------------------------------------------------------------------------------------------------
Seasonal apportionment
Gear Percent ITAC Share ITAC --------------------------------------------------
(mt) Date Amount
----------------------------------------------------------------------------------------------------------------
Jig.......................... 2 3,275 Jan 1-Dec 32..................... 3,275
Hook-&-line/pot gear......... 51 83,500 Jan 1-Apr 30 \2\................. 60,000
.............. .............. May 1-Aug 31..................... 8,500
.............. .............. Sep 1-Dec 31..................... 15,000
Trawl gear................... 47 76,950 Jan 1-Dec 31..................... 76,950
C.V. (50%)............... .............. 38,475 ................................. ..............
C/P (50%)................ .............. 38,475 ................................. ..............
Total................ 100 163,725 ................................. ..............
--------------------------------
----------------------------------------------------------------------------------------------------------------
\1\ For Pacific cod in the BSAI, the reserve has been released (see Table 2).
\2\ 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 final ITAC of 893 mt, the trawl
allocation is 625 mt and the non-trawl allocation is 268 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; hook-and-line/pot gear, 50
percent; and Aleutian Islands subarea: Trawl gear, 25 percent; hook-
and-line/pot gear, 75 percent. Regulations at Sec. 679.20(b)(1)(iii)(B)
require that 20

[[Page 12110]]

percent of the hook-and-line and pot gear allocation of sablefish be
reserved 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 sablefish TAC and CDQ reserve amounts
are specified in Table 6.

Table 6.--1999 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
----------------------------------------------------------------------------------------------------------------
Share of TAC
Subarea and gear Percent of TAC (mt) ITAC (mt)\1\ CDQ reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl \2\................................... 50 670 569 50
Hook-&-line/pot gear\3\..................... 50 670 N/A 134
Total................................... 100 1,340 569 184
Aleutian Islands:
Trawl\2\.................................... 25 345 293 25
Hook-&-line/pot gear\3\..................... 75 1,035 N/A 207
---------------------------------------------------------------
Total................................... 100 1,380 293 232
----------------------------------------------------------------------------------------------------------------
\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, and, for non-trawl fisheries, the limit is 900 mt
mortality. PSC limits for crab and herring are specified annually based
on abundance and spawning biomass.
For 1999, the 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
(25,401 mt) (greater than the 55 million pound (24,947 mt) threshold
level).
The 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. 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.
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 1999 C. opilio PSC limit
is 4.5 million crabs.
Under Sec. 679.21(e)(1)(vi), 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. 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. Therefore,
the 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 fishery bycatch
allowances for the trawl and non-trawl fisheries are listed in Table 7.
Regulations at Sec. 679.21(e)(3)(ii)(B) establish criteria under
which NMFS must specify an annual red king crab bycatch limit for the
Red King Crab Savings Subarea (RKCSS). At its December meeting, the
Council adopted a motion to limit the RKCSS to 30 percent of the total
red king crab allocated to the rock sole/flathead sole/``other
flatfish'' fishery category. This action is needed to optimize the
groundfish harvest relative to red king crab bycatch.
Regulations at Sec. 679.21(e)(4)(ii) authorize the exemption of
specified non-trawl fisheries from the halibut PSC limit. As in past
years, the Council recommended that pot gear, jig gear, and the
sablefish IFQ 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 14,118 mt
with an associated halibut bycatch mortality of about 43 mt. The 1998
groundfish jig gear fishery harvested about 192 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 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 that legal-sized halibut 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

[[Page 12111]]

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 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.
At its December meeting, the Council recommended seasonal
apportionments which were adopted by NMFS and which are specified in
Table 7.

Table 7.--1999 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prohibited species and zone
-----------------------------------------------------------------------------------------------
Trawl fisheries Halibut Red King Crab C. opilio C. bairdi (animals)
mortality (mt) Herring (mt) (animals) Zone (animals) -------------------------------
BSAI BSAI 1 COBLZ \1\ Zone 1 Zone 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowfin sole.......................................... 955 254 19,800 3,108,786 260,894 1,128,824
Jan. 20-March 31.................................... 270
April 1-May 10...................................... 200
May 11-July 3....................................... 95
July 4-Dec. 31...................................... 390
Rock sole/oth.flat/flat sole \2\........................ 755 22 103,950 766,552 279,528 376,274
Jan. 20-March 29.................................... 461
March 30-July 3..................................... 123
July 4-Dec. 31...................................... 171
Turbot/sablefish/arrowtooth \3\......................... 10 42,585
Rockfish:
July 4-Dec. 31...................................... 71 8 42,585 7,378
Pacific cod............................................. 1,473 22 14,850 127,758 139,950 205,528
Mid-water trawl pollock \4\............................. 1,217
Pollock/Atka mackerel/other \5\......................... 238 152 1,850 74,234 13,378 19,146
RKC savings subarea \2\................................. 44,550
-----------------------------------------------------------------------------------------------
Total Trawl PSC..................................... 3,492 1,685 185,000 4,162,500 693,750 1,737,150

Non-Trawl Fisheries

Pacific cod-Total....................................... 748
Jan. 1-April 30..................................... 457
May 1-Sept. 14...................................... 0 N/A
Sept. 15-Dec. 31.................................... 291
Other non-trawl-Total................................... 84
May 1-Aug. 31 \6\................................... 42
Sept. 1-Dec. 31..................................... 42
Groundfish pot & jig.................................... exempt
Sablefish hook-&-line................................... exempt
----------------
Total Non-Trawl..................................... 832
-----------------------------------------------------------------------------------------------
PSQ Reserve \7\..................................... 351 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 December meeting the Council further apportioned C.
opilio by percentage to the following fisheries: yellowfin sole 73 percent, rock sole 18 percent, turbot 1 percent, rockfish 1 percent, Pacific cod 3
percent, and pollock 4 percent.
² The Council at its December 1998 meeting limited red king crab for trawl fisheries within the RKCSS to 30 percent of the total allocation to the rock
sole, flathead sole, and other flatfish fishery category (Sec. 679.21(e)(3)(ii)(B)).
³ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
⁴ Halibut and crab bycatch in the midwater trawl pollock fishery is deducted from the allowances for the pollock/Atka mackerel/other species category.
⁵ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
⁶ Consistent with Sec. 679.21(e)(5)(iv)(A), any portion of the first seasonal allowance of the Pacific cod halibut allocation that is not harvested by
the end of the first season will become available on September 15, the beginning of the second season.
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.

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 will be 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.
At its December meeting, the Council adopted the assumed
recommended halibut mortality rates developed by staff of the
International Pacific Halibut Commission for the 1999 BSAI groundfish
fisheries (see Table 8). This is needed for purposes of monitoring
halibut bycatch allowances established for 1999 (see Table 7). The
justification for these mortality rates is discussed in the final SAFE
report dated November 1998.

[[Page 12112]]

Table 8.--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................................................ 17
Other Species............................................ 11
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. 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 by 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 9. 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 were used to determine the harvest limits for non-pollock
groundfish by listed catcher/processors in the 1999 BSAI fisheries.
All non-pollock groundfish that are harvested by listed catcher/
processors will be deducted from the harvest limits, see Table 9.
However, non-pollock groundfish that is delivered to listed catcher/
processors by catcher vessels will not be deducted from the 1999
harvest limits for the listed catcher/processors.

Table 9.--Historical Catch Ratio and 1999 Aggregate Catch Limits for Pollock Vessels Described Under Section 208(e) of the AFA \1\
[All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1995-1997 1999 ITAC
Target species \2\ Area ------------------------------------------------ available to 1999 C/P
Total catch Available TAC Ratio \3\ trawl C/Ps harvest limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod trawl \4\............ BSAI................................. 13,547 51,450 0.263 38,475 10,119
Sablefish trawl \5\.............. BS................................... 8 1,736 0.005 569 3
AI................................... 1 1,135 0.001 293 0
Atka mackerel \6\................ Western AI........................... .............. .............. 0.200 24,975 4,995
Central AI........................... .............. .............. 0.115 20,720 2,383
Yellowfin sole................... BSAI................................. 123,003 527,000 0.233 176,783 41,190
Rock sole........................ BSAI................................. 14,753 202,107 0.073 102,000 7,446
Greenland turbot................. BS................................... 168 16,911 0.010 5,126 51
AI................................... 31 6,839 0.005 2,525 13
Arrowtooth flounder.............. BSAI................................. 788 36,873 0.021 114,201 2,398
Flathead sole.................... BSAI................................. 3,030 87,975 0.034 65,705 2,234
Other flatfish................... BSAI................................. 12,145 92,428 0.131 130,900 17,148
Pacific ocean perch \7\.......... BS................................... 58 5,760 0.010 1,190 12
Western AI........................... 356 12,440 0.029 5,754 167
Central AI........................... 95 6,195 0.015 3,562 53
Eastern AI........................... 112 6,265 0.018 3,173 57
Other red rockfish............... BS................................... 75 3,034 0.025 227 6
Sharpchin/Northern............... AI................................... 1,034 13,254 0.078 3,913 305
Shortraker/Rougheye \8\.......... AI................................... 68 2,827 0.024 625 15
Other rockfish................... BS................................... 39 1,026 0.038 314 12
AI................................... 95 1,924 0.049 583 29
Squid............................ BSAI................................. 7 3,670 0.002 1,675 3
Other species.................... BSAI................................. 3,551 65,925 0.054 27,931 1,508
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.
\2\ For further definitions of target species see Table 1.
\3\ 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).
\4\ 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.
\5\ Twenty-five percent of the sablefish ITAC is allocated to trawl in the AI subarea, 50 percent is allocated to trawl in the BS subarea.
\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 ocean perch, spatial apportionments to western, central, and eastern AI subareas began in 1996; therefore only data from 1996 and 1997
were used to calculate the historic ratio.
\8\ Seventy percent of the shortraker/rougheye rockfish ITAC is allocated to trawl in the Aleutian Islands subarea.

[[Page 12113]]

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. On
January 22, 1999, NMFS published a final rule (64 FR 3446) to mitigate
impacts of the Atka mackerel fishery on endangered Steller sea lions.
The listed catcher/processor harvest limitations for Atka mackerel are
subject to the proportional restrictions on harvest inside and outside
critical habitat areas. As a result, the listed catcher/processors are
prohibited from trawling 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, are taken (see Table 10). A Steller sea lion
critical habitat closure for fishing with trawl gear within a district
will remain in effect until NMFS closes Atka mackerel to directed
fishing within the same district.

Table 10.--Atka Mackerel Seasonal and Critical Habitat Limits for Catcher/Processor Vessels Described Under Section 208(e) of the AFA \1\ \2\
[All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Seasonal apportionment \3\
---------------------------------------------------------------
Subarea and Component Total ITAC ITAC available A season \4\ B season \5\
for C/Ps ---------------------------------------------------------------
Total CH Limit \6\ Total CH Limit \6\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Aleutian Islands................................ 24,975 4,995 2,498 1,623 2,498 1,623
Central Aleutian Islands................................ 20,720 2,383 1,191 953 1,191 953
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Atka mackerel reserve has been released (see Table 2).
\2\ Atka mackerel conservation measures are based on final regulations published in the Federal Register on January 22, 1999 (64 FR 3446).
\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. 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.
Listed catcher/processors are prohibited from harvesting Atka mackerel in the Eastern Aleutian Islands District and Bering Sea subarea (section
211(b)(2)(C) of the AFA).
\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 will be closed to trawling until NMFS
closes Atka mackerel to directed fishing within the same district.

On January 22, 1999, NMFS published an emergency rule (64 FR 3437)
which provides the inseason authority necessary to manage the harvest
of groundfish by listed catcher/processors so that the 1999 non-pollock
harvest limits are not exceeded. NMFS intends to manage the listed
catcher/processor non-pollock harvest limitations conservatively,
consistent with the intent of the AFA, which is 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 by those
listed under section 209 of the AFA 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 11. These data were used to calculate the relative amount of
prohibited species catch limits harvested by pollock catcher/
processors, which was then used to determine the 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 9, accrues against
the 1999 PSC limits for the listed catcher/processors as outlined in
section 211(b)(2)(B) of the AFA (see Table 10). The emergency rule
published by NMFS to manage the AFA harvest limitations specified for
listed catcher/processors provides authority to close directed fishing
for groundfish to the listed catcher/processors once a 1999 PSC
limitation listed in Table 11 is reached.
PSC that is caught by listed catcher/processors and listed catcher
vessels while fishing for pollock accrues against either the midwater
pollock or the pollock/Atka mackerel/other species fishery categories
(Table 7). In the proposed specifications, NMFS incorrectly calculated
the red king crab allocation for the listed catcher/processors. These
final specifications make corrections to the historical catch amount,
the ratio, and the 1999 limit based on Zone 1 bycatch of red king crab.

Table 11.--PSC Limits for Catcher/Processor Vessels Described Under Section 208(e) of the AFA \1\^, \2\
[All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
1995--1997 1999 PSC
PSC species ------------------------------------------------ available to 1999 C/P limit
PSC catch Total PSC Ratio \2\ trawl vessels \3\
----------------------------------------------------------------------------------------------------------------
Halibut mortality............... 955 11,325 0.084 3,492 293
Herring......................... 62 5,137 0.012 1,685 20
Red king crab................... 3,098 473,750 0.007 185,000 1,295

[[Page 12114]]

C. opilio....................... 2,323,731 15,139,178 0.153 4,162,500 636,863
C. bairdi:......................
Zone 1...................... 385,978 2,750,000 0.140 693,750 97,125
Zone 2...................... 406,860 8,100,000 0.050 1,737,150 86,858
----------------------------------------------------------------------------------------------------------------
\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) of the AFA 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\ The ratio is calculated by dividing the PSC catch by the total PSC available.
\3\ The 1999 prohibited species catch limit is calculated by multiplying the historic ratio by the PSC available
to listed catcher/processors in 1999.

Small Entity Compliance Guide

The following information satisfies the Small Business Regulatory
Enforcement Fairness Act of 1996, which requires a plain language guide
to assist small entities in complying with this rule. This rule
announces the final 1999 harvest specifications, associated management
measures, and apportionment of reserves for the groundfish fishery of
the Bering Sea and Aleutian Islands management area. This action
affects all fishermen who participate in the BSAI fishery. NMFS will
announce closures of directed fishing in the Federal Register and in
information bulletins released by the Alaska Region when the announced
TAC specifications, or apportionments thereof, have been reached.
Affected fishermen should keep themselves informed of such closures.

Comment and Response

NMFS received one letter commenting on the 1999 specifications,
focusing particularly on implementation of the AFA. NMFS summarizes and
responds to this comment below (Comment 1). In addition, Comment 1 in
the final rule to implement BSAI amendment 51 (64 FR 3653) addressed
the Council's recommended 61/39 percent allocation, which NMFS did not
approve. NMFS's response to Comment 1 in the BSAI Amendment 51 rule
stated that the AFA's allocations are required by statute and that they
would be implemented in 1999 as a component of the annual BSAI
groundfish harvest specifications. NMFS has prepared an FRFA on these
final specifications that examines the economic impacts of the pollock
allocation on small entities. The Council will prepare additional
appropriate economic analyses as it develops measures for further
implementation of the AFA.
Comment 1. NMFS' interpretation of the protections for non-pollock
groundfish fisheries contained in section 211(b)(2)(A) and (B) of the
AFA does not meet the intent of the AFA to protect these fisheries from
competition by the listed catcher/processors. The interpretation fails
to establish absolute caps on the amount of non-pollock species that
the listed catcher/processors may take in both the pollock and non-
pollock directed fisheries. Consequently, insufficient protection for
other fisheries exists; the TAC will likely be exceeded; and
overfishing will likely occur. This interpretation is inconsistent with
the statutory language of the AFA and does not satisfy the AFA goals of
protecting other fisheries and reducing incidental catch by listed
catcher/processors.
Response. Congress was concerned that, given the ability to form
fishery cooperatives in 1999, listed catcher/processors may utilize the
benefits realized from fishery cooperatives and enter into or increase
fishing effort in fisheries other than the pollock fishery. Section
211(b) of the AFA seeks to protect non-pollock fisheries from major and
non-traditional redistributed fishing effort by listed catcher/
processors. Section 211(b)(2)(A) and (B) of the AFA establishes non-
pollock groundfish and prohibited species harvest limitations for the
listed catcher/processors to protect non-pollock fisheries from
experiencing fishing competition by listed catcher/processors beyond
historical levels. Both of these sections explicitly state that these
protections should apply to groundfish fisheries other than the pollock
fishery. To determine non-pollock harvest limits under section
211(b)(2)(A), NMFS calculated the historical catch by the listed
catcher/processors in non-pollock fisheries and obtained a historical
ratio that was applied to the 1999 non-pollock groundfish TACs (see
Table 9). The Council recommended that the incidental catch of
groundfish in the pollock fishery also should be deducted from the
annual non-pollock groundfish harvest limits for the listed catcher/
processors. This action effectively reduces the amount of non-pollock
groundfish that is available to listed catcher/processors because the
historical catch ratio does not include non-pollock groundfish caught
in the directed pollock fishery. Consequently, incentives are provided
to the listed catcher/processors to minimize incidental catch in the
directed pollock fishery so that non-pollock harvest limitations are
not reached and opportunities for these vessels to participate in
directed fisheries for other groundfish is optimized consistent with
traditional harvest levels.
Many of the harvest limitations established for 1999 are small
amounts of fish that will not support a directed fishery for those
species or species groups by listed catcher/processors. Consequently,
NMFS closed directed fishing by the listed catcher/processors for
specified non-pollock species and species groups, which would not
support both a directed fishery and allow for incidental catch in other
directed fisheries (64 FR 4602, January 29, 1999). Non-pollock
fisheries that remained open to directed fishing by the listed catcher/
processors at the start of the 1999 trawl fishing season include
Pacific cod, yellowfin sole, rock sole, Atka mackerel, and ``other
flatfish.'' These directed fisheries will be closed in a manner that
will provide for incidental catch in other listed catcher/processor
fishing operations without exceeding the specified harvest limitation
for a species. Thus, NMFS believes that neither the specified non-
pollock harvest limitations nor the management of these limitations
will

[[Page 12115]]

increase the likelihood of exceeding TAC amounts or reaching
overfishing levels. Harvest limitations for some species, such as squid
and Pacific ocean perch, may not provide sufficient incidental catch
for the pollock fishery to the extent that traditional harvest levels
of these species by the listed catcher/processors were taken solely in
the pollock fishery.
Under section 211(b)(2)(B) of the AFA, the Council recommended and
NMFS implemented PSC limitations for the listed catcher/processors that
are based solely on historical bycatch amounts in non-pollock fisheries
(Table 11). Therefore, prohibited species bycatch by listed catcher/
processors, while fishing for groundfish (other than pollock), will be
deducted from these PSC limitations. As stated above, NMFS will allow
only directed fisheries for groundfish species that are supported by
adequate amounts of PSC and will prohibit directed fishing by listed
catcher/processors for non-pollock groundfish in a manner that will
avoid a specified PSC limitation from being exceeded. However,
prohibited species bycatch in the pollock fishery will be deducted from
the open access allocations of PSC to the midwater pollock and pollock/
Atka mackerel/''other species'' categories (Table 7). Because these
allocations do not exceed historical bycatch amounts, the Council and
NMFS believe that this management action is consistent with the intent
of the AFA to protect non-pollock groundfish fisheries. Furthermore,
the Council and NMFS believe that closure of the directed fishery for
pollock with nonpelagic trawl gear issued under authority of the
interim and final 1999 harvest specifications (Sec. 679.20(a)(5)(i)(B))
will reduce the actual amount of prohibited species bycatch in 1999,
which is also consistent with the intent of the AFA to reduce the
bycatch of prohibited species by listed catcher/processors. Therefore,
NMFS believes that the measures taken by the Council and NMFS to
implement section 211(b)(2) of the AFA for the 1999 fishery are
consistent with the intent of the AFA.
NMFS' management of the 1999 listed catcher/processor harvest
limitations is a reasonable interpretation of the statutory provisions
of section 211(b)(2) of the AFA and meets the objective of that section
to protect non-pollock fisheries from major and non-traditional
redistributed fishing effort by the listed catcher/processors.
Additionally, for 1999, NMFS will manage the fishery under current
inseason management authority and will issue directed fishing closures
so that none of the 1999 TACs is exceeded as a result of this
interpretation.

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 (ESA), NMFS has
completed a consultation on the effects of the pollock and Atka
mackerel fisheries on listed species, including the Steller sea lion,
and on designated critical habitat. The Biological Opinion prepared for
this consultation, dated December 3, 1998, concludes that the Atka
mackerel fisheries in the BSAI are not likely to jeopardize the
continued existence of Steller sea lions or adversely modify their
designated critical habitat. However, the Biological Opinion dated
December 3, 1998, and revised December 16, 1998, concludes that the
pollock fisheries in the BSAI and the Gulf of Alaska 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
and were implemented by NMFS through emergency rulemaking effective on
January 20, 1999, and published in the Federal Register on January 22,
1999 (64 FR 3437). This final rule implements those mitigation measures
as required by the biological opinion for the A1 and A2 seasons only.
The Council, at its June 1999 meeting, will make recommendations to
NMFS on mitigation measures for the B and C seasons in 1999. NMFS
intends to implement these measures by emergency rulemaking amending
these final specifications.
NMFS has recently completed consultation on the effects of the 1999
BSAI groundfish fisheries on listed and candidate species, including
the Steller sea lion, and on designated critical habitat. This
consultation on the impacts of the 1999 BSAI groundfish specifications
determined that the fishery would not jeopardize the continued
existence of listed or endangered species or adversely modify
designated critical habitat. In a letter dated December 2, 1998, the
Fish and Wildlife Service (USFWS) extended the 1997-1998 Biological
Opinion on the BSAI hook-and-line groundfish fishery and the BSAI trawl
groundfish fishery for the ESA listed short-tailed albatross until it
is superseded by a subsequent amendment to that opinion. Based on
current information, USFWS does not anticipate that its final
Biological Opinion will determine that the 1999 BSAI groundfish fishery
places the short-tailed albatross in jeopardy of extinction. The
statutory receipt of a final Biological Opinion and of an incidental
take statement for the BSAI hook and line groundfish fishery is Friday,
March 19, 1999.
NMFS prepared an initial regulatory flexibility analysis (IRFA)
pursuant to the Regulatory Flexibility Act that describes the impact
the 1999 harvest specifications may have on small entities. Comments
were solicited on the IRFA, however, none was received. NMFS has
prepared a final regulatory flexibility analysis that analyzes the new
TAC levels recommended by the Council in December 1998 and based on
updated survey and stock assessment information. A copy of this
analysis is available from NMFS (see ADDRESSES). NMFS analyzed a range
of alternative harvest levels for the BSAI. The preferred alternative
would allow the BSAI groundfish fisheries to continue under final
specifications set at 1999 levels until the TAC is harvested or until
the fishery is closed due to attainment of a PSC limit or to other
management reasons. Under the preferred alternative, the 1999 TACs
would be based on the most recent scientific information as reviewed by
the Plan Teams, SSC, AP, and Council and would include public testimony
and comment from the October and December Council meetings and those
comments sent to NMFS on the proposed specifications. The preferred
alternative also achieves OY while preventing overfishing. Small
entities would receive the maximum benefits under this alternative, in
that they will be able to harvest target species and species groups at
the highest available level based on stock status and ecosystem
concerns.
The alternative that would have the greatest immediate economic
benefit to small entities would set the sum of the TACs at the maximum
OY level. However, because this alternative would not achieve the
maximum long-term benefit in that it could result in overfishing and
could lead to overfished stocks and because it would not be feasible
under NEPA guidelines. Another alternative was analyzed. It would
implement the 1998 TAC amounts for 1999, but it would not be based on
the most recent scientific information. It was also rejected.
The six CDQ groups comprise 56 small governmental jurisdictions
with direct involvement in groundfish CDQ fisheries that are within the
RFA

[[Page 12116]]

definition of small entities. Based on 1997 data, NMFS estimates less
than 280 small entities harvest groundfish in the BSAI.
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.
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
part 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. No recordkeeping and
reporting requirements are implemented with this final action. NMFS is
not aware of any other Federal rules which duplicate, overlap, or
conflict with the final specifications.

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

Dated: March 5, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-6027 Filed 3-8-99; 1:15 pm]
BILLING CODE 3510-22-P

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

Federal Register Citation

Suggested Web Citation