[Federal Register: July 29, 1999 (Volume 64, Number 145)] [Proposed Rules] [Page 41068-41069] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr29jy99-24] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 990304063-9063-01; I.D. 072199B] Fisheries of the Exclusive Economic Zone Off Alaska; Halibut Bycatch Mortality Allowance in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed reapportionment of Pacific halibut bycatch mortality allowance specified for the nontrawl fishery categories; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes the reapportionment of the 1999 halibut bycatch mortality allowance specified for the Pacific cod hook-and-line fishery category to the ``other nontrawl'' fishery category in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the harvest of species constrained by the other nontrawl halibut bycatch mortality allowance, in particular Greenland turbot, while not further restricting the hook-and-line Pacific cod fishery. This action is intended to promote the goals and objectives of the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutians Islands Area (FMP). DATES: Comments on this action must be received at the following address no later than 4:30 p.m., A.l.t., August 12, 1999. ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery or courier delivery of comments may be sent to the Federal Building, 709 West 9th Street, Room 453, Juneau, AK 99801. The final environmental assessment and final regulatory flexibility analysis prepared for the final 1999 total allowable catch (TAC) specifications may be obtained from the same address. FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the FMP prepared by the North Pacific Fishery Management Council under authority of the Magnuson- Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP are codified at Subpart H of 50 CFR part 600 and 50 CFR part 679. The BSAI halibut prohibited species catch (PSC) limit for nontrawl gear is an amount of halibut equivalent to 900 mt of halibut mortality (Sec. 679.21(e)(2)(i)). The Final 1999 Harvest Specifications of Groundfish for the BSAI (64 FR 12103, March 11, 1999) established the apportionment of the nontrawl halibut PSC limit for bycatch allowances for the Pacific cod hook-and-line and ``other nontrawl'' fisheries as 748 mt and 84 mt respectively. As of July 3, 1999, 480 mt remained of the total 1999 halibut bycatch mortality allowance for the [[Page 41069]] hook-and-line Pacific cod fishery. The ``other nontrawl'' fishery has exceeded its halibut bycatch mortality allowance by 6 mt and is closed for the remainder of the year unless its halibut bycatch mortality allowance is increased. The hook-and-line fishery for Pacific cod will reopen on September 15, 1999, and is projected to take as much as 250 mt of halibut mortality for the remainder of 1999. The directed fishery for Greenland turbot, a constituent and primary fishery of the ``other nontrawl'' category, would require an estimated 150 mt of halibut mortality to fully harvest the remaining directed fishing allowance of Greenland turbot. NMFS has determined, therefore, that a reapportionment of 150 mt of halibut bycatch mortality allowance from the hook-and-line Pacific cod to the ``other nontrawl'' fishery category is necessary to achieve the optimum yield harvest of the BSAI nontrawl fisheries. This reapportionment is based on the best available scientific information pertaining to bycatch rates reported by NMFS-certified observers. In order to provide greater opportunity to harvest the BSAI Greenland turbot TAC, while not jeopardizing the opportunity to harvest the amount of the Pacific cod TAC allocated to hook-and-line vessels, NMFS proposes to increase the halibut bycatch mortality allowance specified for the other nontrawl fishery category by 150 mt and reduce the halibut bycatch mortality allowance specified for the Pacific cod hook-and-line fishery by the same amount. The halibut bycatch mortality specifications for the 1999 BSAI nontrawl fisheries are listed in Table 7 of the final 1999 harvest specifications (64 FR 12103, March 11, 1999). To accommodate the proposed action, the 1999 BSAI final harvest specifications would be amended by adding the following Table 7A. Table 7A.--1999 BSAI Prohibited Species Bycatch Allowances for the BSAI Non-Trawl Fisheries ------------------------------------------------------------------------ Non-trawl fisheries Halibut mortality (mt) BSAI ------------------------------------------------------------------------ Pacific cod--Total....................... 598. Jan. 1-April 30...................... 457. May 1-Sept. 14....................... 0. Sept.15-Dec. 31...................... 141. Other non-trawl--Total................... 234. May 1-Aug. 31 1...................... 42. Sept.1-Dec.31........................ 192. Groundfish pot & jig..................... exempt. Sablefish hook-and-line.................. Exempt. ------------------------------------------------------------------------ 1 Consistent with Sec. 679.21(e)(5)(iv)(A), any portion of the first seasonal allowance of the Pacific cod halibut bycatch mortality allowance that is not harvested by the end of the first season will become available on September 15, the beginning of the third season. NMFS invites public comments on its proposal to reallocate the projected unused amount of halibut mortality from the hook-and-line Pacific cod fishery to the other nontrawl fishery category. Classification This action is authorized under 50 CFR 679.21(e)(4) and is exempt from OMB review under E.O. 12866. NMFS prepared an environmental assessment (EA) and final regulatory flexibility assessment (FRFA) for the 1999 harvest specifications (See ADDRESSES). The proposed reapportionment of the BSAI nontrawl halibut PSC limit is intended to provide fuller opportunity to conduct the fishing activities considered in the EA/FRFA and is fully within the scope of these analyses. Authority: 16 U.S.C. 773 et seq., 1801 et seq. and 3631 et seq. Dated: July 23, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-19427 Filed 7-28-99; 8:45 am] BILLING CODE 3510-22-P