Billing Code: 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 961107312-7021-02; I.D. 102296B] RIN 0648-XX69 Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fishery of the Bering Sea and Aleutian Islands; Final 1997 Harvest Specifications for Groundfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final 1997 specifications of groundfish and associated management measures; apportionment of reserves; closures and inseason adjustment. SUMMARY: NMFS announces final 1997 harvest specifications of total allowable catches (TACs), initial apportionments of TACs for each category of groundfish, and associated management measures in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits and associated management measures for groundfish during the 1997 fishing year. NMFS is apportioning reserves to the initial TACs (ITACs) specified for certain species amounts to allow for full harvest opportunity of these TACs. NMFS is also closing fisheries and issuing an inseason adjustment as specified in the final 1997 groundfish specifications. These measures are intended to conserve and manage the groundfish resources in the BSAI. EFFECTIVE DATES: The final 1997 harvest specifications and associated apportionment of reserves are effective at 1200 hrs, Alaska local time (A.l.t.), [insert date of filing for public inspection with the Office of the Federal Register] through 2400 hrs, A.l.t., December 31, 1997, or until changed by subsequent notification in the Federal Register. The closures to directed fishing and inseason adjustment are effective 1200 hrs, A.l.t., [insert date of filing for public inspection with the Office of the Federal Register], through 2400 hrs, A.l.t., December 31, 1997. Comments on the apportionment of reserves and inseason adjustment must be submitted by [insert date 15 days after date of filing for public inspection with the Office of the Federal Register]. ADDRESSES: The final Environmental Assessment (EA) prepared for the 1997 Total Allowable Catch Specifications may be obtained from the Fisheries Management 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 and inseason adjustment may be sent to Ronald J. Berg at the same address. The final 1997 Stock Assessment and Fishery Evaluation (SAFE) report, dated November 1996, 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: Susan J. Salveson, NMFS, 907-586-7228. SUPPLEMENTARY INFORMATION: Background Groundfish fisheries in the BSAI are governed by Federal regulations at 50 CFR part 679 that implement the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Island Area (FMP). The FMP was prepared by the North Pacific Fishery Management Council (Council) and approved by NMFS under the Magnuson-Stevens Fishery Conservation and Management Act. The FMP and implementing regulations require NMFS, after consultation with the Council, to specify annually the TAC for each target species and the "other species" category, the sum of which must be within the optimum yield (OY) range of 1.4 million to 2.0 million metric tons (mt) ( 679.20(a)(1)(i)). Regulations under  679.20(c)(1) further require NMFS to publish annually and solicit public comment on proposed annual TACs, prohibited species catch (PSC) allowances, seasonal allowances of the pollock TAC, and amounts for the pollock and sablefish Community Development Quota (CDQ) reserve. The final specifications set forth in Tables 1-9 of this action satisfy these requirements. For 1997, the sum of TACs is 2 million mt. The proposed BSAI groundfish specifications and specifications for prohibited species bycatch allowances for the groundfish fishery of the BSAI were published in the Federal Register on November 26, 1996 (61 FR 60076), and corrected on January 17, 1997 (62 FR 2719). Comments were invited through December 23, 1996. Two comments were received and are summarized and responded to below in the Response to Comments section. Public consultation with the Council occurred during the December 11-15, 1996, 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 1997 specifications as recommended by the Council. Interim Specifications With the exception of hook-and-line and pot gear allocation of sablefish, regulations under  679.20(c)(2)(ii) authorize one- fourth of each proposed ITAC and apportionment thereof, one- fourth of each proposed PSC allowance, and the first proposed seasonal allowance of pollock to be in effect on January 1 on an interim basis and to remain in effect until superseded by final initial specifications. NMFS published the interim 1997 specifications in the Federal Register on November 26, 1996 (61 FR 60044), and corrected on January 16, 1997 (62 FR 2445). The final 1997 initial groundfish harvest specifications and prohibited species bycatch allowances contained in this action supersede the interim 1997 specifications. TAC Specifications and Acceptable Biological Catch (ABC) The specified TAC for each species is based on the best available biological and socioeconomic information. 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 September and December 1996 meetings. This information was compiled by the Council's BSAI Groundfish Plan Team (Plan Team) and is presented in the final 1997 SAFE report for the BSAI groundfish fisheries, dated November 1996. The Plan Team annually produces such a document as the first step in the process of specifying TACs. The SAFE report contains a review of the latest scientific analyses and estimates of each species' biomass and other biological parameters. From these data and analyses, the Plan Team estimates an ABC for each species category. A summary of the preliminary ABCs for each species for 1997 and other biological data from the September 1996 draft SAFE report were provided in the discussion supporting the proposed 1997 specifications (61 FR 60076, November 26, 1996, and corrected at 62 FR 2719, January 17, 1997). The Plan Team's recommended ABCs were reviewed by the SSC, AP, and Council at their September 1996 meetings. Based on the SSC's comments concerning technical methods and new biological data not available in September, the Plan Team revised its ABC recommendations in the final SAFE report, dated November 1996. The revised ABC recommendations were again reviewed by the SSC, AP, and Council at their December 1996 meetings. While the SSC endorsed most of the Plan Team's recommendations for 1997 ABCs set forth in the final SAFE report, the SSC recommended revisions to ABC amounts calculated for pollock in the Bogoslof District, Greenland turbot, and sablefish. These revisions, as well as a summary of the SSC's discussion on eastern Bering Sea pollock, are discussed below. Eastern Bering Sea pollock. The SSC concurred with the Plan Team's recommended 1997 ABC for eastern Bering Sea pollock (1.13 million mt). This recommendation was made after lengthy discussion about the desirability of reducing the Plan Team's recommended ABC to respond to concerns about future recruitment and potentially high fishing mortality of eastern Bering Sea pollock in Russian waters. The SSC's discussion focused on the following issues: (1) Choice of models used to estimate 1997 eastern Bering Sea stock biomass, (2) choice of fishing mortality rates upon which to base 1997 ABC, (3) the strengths and weaknesses of the Plan Team's forecast of incoming year-classes, (4) the effects of spatial and temporal distribution of fishing effort for pollock on the ecosystem, (5) the utility of foregoing catch from the upcoming harvest cycle, (6) impacts of Russian pollock harvests on the eastern Bering Sea stock, and (7) industry and conservation group recommendations for harvest levels in 1997. The SSC discussed the relative merits of lowering ABC to forego catch in 1997 as a means to promote improved future recruitment and/or provide additional fish in subsequent years. The SSC concluded that the high natural mortality rate of pollock would greatly diminish any foregone catch before it could contribute to the next spawning cycle or before it became vulnerable to the next fishing season. Furthermore, pollock recruitment is highly variable at all levels of spawning stock size, so the addition of a small increment in spawning biomass through foregone catch in 1997 likely would have no discernible impact on future recruitment. The SSC concluded that uncertainty in estimates of future recruitment is a function of a declining population biomass, variability in environmental conditions affecting young pollock, an unquantifiable level of removals of eastern Bering Sea pollock in Russian waters, and variability in the assumed linear relationship between age 1 pollock in the NMFS bottom trawl survey and recruitment at age 3. If pollock biomass continues to decline, fishing mortality will be adjusted downward for increasingly conservative management in future years. In 1997, data from a scheduled NMFS hydroacoustic trawl survey will be used to assess the status of this stock, as well as any necessary changes in its management for 1998. Bogoslof pollock. NMFS 1996 survey data are used to estimate the biomass of Bogoslof pollock at 682,000 mt, a significant reduction from the 1995 estimate of 1.1 million mt. The Plan Team recommended an ABC of 115,000 mt based on a fishing mortality rate of about 21 percent applied to a projected 1997 biomass of 558,000 mt. The SSC believed the Bogoslof ABC should be reduced by the ratio of current biomass to target biomass, where target biomass is assumed to be 2 million mt. Consequently, the SSC recommended a 1997 Bogoslof ABC of 32,100 mt. The corresponding overfishing level, 43,800 mt, is estimated using a 30-percent exploitation rate adjusted by the ratio of current to target biomass. The Council recommended that pollock be closed to directed fishing in the Bogoslof District and that a TAC of 1,000 mt be established to provide for bycatch in other groundfish fisheries. This recommendation was intended to accommodate uncertainty about whether or not Bogoslof pollock are a distinct self-sustaining population or surplus fish from the shelf populations. The Council's TAC recommendation also addresses concerns about the potential impacts of undocumented fishing effort in the Russian zone on young pollock that are primarily considered to be of U.S. origin. The Council's TAC recommendation is adopted in these final specifications (Table 1). Greenland turbot. The Plan Team's ABC recommendation for Greenland turbot (16,800 mt) was based on a stock synthesis analysis of the status of this resource that is sensitive to the relative contributions of the longline and trawl fisheries to the total fishing mortality. In recent years, the longline fleet has taken about 80 percent of the total catch. Based on the assumption that the longline fleet will continue to take this proportion of total catch, the Plan Team recommended an ABC based on an exploitation rate of 0.346. However, the SSC asserted that difficulties exist in predicting the percentage of the total catch that trawl and longline gear will harvest and believed that a 50/50 split should be assumed in the development of ABC. This assumed split dictates an exploitation rate of 0.253, adjusted by a ratio of the current female spawning biomass and the B40% female spawning biomass (.94) as required under the Council's management strategy set out under Amendment 44 to the FMP. The application of this adjusted rate to the projected 1997 exploitable biomass results in an ABC of 14,400 mt. The declined status of this resource further prompted the SSC to recommend a phase in of the ABC over a 2-year period. Therefore, given that the ABC recommended by the SSC for this species in 1996 was 10,300 mt, the 1997 ABC suggested by the SSC is 12,350 mt. The SSC concurred with the Plan Team's recommendation that the ABC be split so that two-thirds of the TAC is apportioned to the Bering Sea subarea and one-third is apportioned to the Aleutian Islands subarea. The intent of this apportionment is to spread fishing effort over a larger area and to avoid localized depletion. Using the SSC's recommended total ABC, this apportionment scheme results in eastern Bering Sea and Aleutian Islands ABCs of 8,275 mt and 4,075 mt, respectively. The Council concurred with the SSC's recommendation for ABC and adopted a 9,000-mt TAC, as recommended by the AP, with 6,030 mt and 2,970 mt apportioned to the Bering Sea and Aleutian Islands subareas, respectively. Sablefish. The final 1997 SAFE report presents a revised assessment of exploitable biomass for BSAI and Gulf of Alaska sablefish that is higher relative to the preliminary assessment developed by the Plan Team in September 1996. This increase results from technical adjustments to the assessment model. Nonetheless, the model indicates a declining trend in biomass due to low recruitment since 1981. A significant chance exists that biomass will drop below the lowest observed levels (post 1979) by the year 2001. The Plan Team's ABC recommendation, 3,060 mt for the combined Bering Sea and Aleutian Islands subareas, would result in an increase in actual exploitation rate. This fact, combined with 15 years of low recruitment prompted the SSC to defer to the NMFS stock assessment authors' more conservative recommendation for ABC; 1,308 mt for the eastern Bering Sea and 1,367 mt for the Aleutian Islands. The Council adopted the SSC's recommendations for the 1997 ABCs. The final ABCs are listed in Table 1. The Council adopted the AP's recommendations for TAC amounts. These recommendations were based on the final ABCs as adjusted for other biological and socioeconomic considerations, including maintaining the total TAC in the required OY range of 1.4-2.0 million mt. None of the Council's recommended TACs for 1997 exceeds the final 1997 ABC for any species category. Therefore, NMFS finds that the recommended TACs are consistent with the biological condition of groundfish stocks. The final TACs and overfishing levels for groundfish in the BSAI area for 1997 are given in Table 1 of this action. Apportionment of TAC Except for the hook-and-line and pot gear allocation of sablefish, each species' TAC initially is reduced by 15 percent to establish the ITAC for each species ( 679.20(b)(1)(i)). The sum of the 15-percent amounts is the reserve. One-half of the pollock TACs placed in reserve is designated as a community development quota (CDQ) reserve for use by CDQ participants ( 679.31(a)(1)). The remainder of the reserve is not designated by species or species group, and any amount of the reserve may be reapportioned to a target species or the "other species" category during the year, providing that such reapportionments do not result in overfishing. Table 1 lists the final 1997 ABC, TAC, and ITAC amounts, overfishing levels, and initial apportionments of groundfish in the BSAI. The apportionment of reserves to certain species ITAC amounts, as well as the apportionment of TAC amounts among fisheries and seasons, are discussed below. _____________________________________________________________________________ Table 1.--Final 1997 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area/1/ _____________________________________________________________________________ Species ABC TAC ITAC /2//3/ Overfishing Level Pollock Bering Sea (BS) 1,130,000 1,130,000 960,500 1,980,000 Aleutian Islands (AI) 28,000 28,000 23,800 38,000 Bogoslof District 32,100 1,000 850 43,800 Pacific cod 306,000 270,000 229,500 418,000 Sablefish BS 1,308 1,100 468 2,750 AI 1,367 1,200 255 2,860 Atka mackerel TOTAL 66,700 66,700 56,695 81,600 Western AI 32,200 32,200 27,370 ....... Central AI 19,500 19,500 16,575 ....... Eastern AI/BS 15,000 15,000 12,750 ........ Yellowfin sole 233,000 230,000 195,500 339,000 Rock sole 296,000 97,185 82,607 427,000 Greenland turbot TOTAL 12,350 9,000 7,650 22,600 BS 8,275 6,030 5,125 ....... AI 4,075 2,970 2,525 ....... Arrowtooth flounder 108,000 20,760 17,646 167,000 Flathead sole 101,000 43,500 36,975 145,000 Other flatfish /4/ 97,500 50,750 43,138 150,000 Pacific ocean perch BS 2,800 2,800 2,380 5,400 AI TOTAL 12,800 12,800 10,880 25,300 Western AI 6,390 6,390 5,431 ...... Central AI 3,170 3,170 2,695 ...... Eastern AI 3,240 3,240 2,754 ...... Other red rockfish /5/ BS 1,050 1,050 893 1,400 Sharpchin/Northern AI 4,360 4,360 3,706 5,810 Shortraker/Rougheye AI 938 938 797 1,250 Other rockfish /6/ BS 373 373 317 497 AI 714 714 607 952 Squid 1,970 1,970 1,675 2,620 Other Species /7/ 25,800 25,800 21,930 138,000 TOTALS 2,464,130 2,000,000 1,698,769 3,998,839 /1/ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) area unless otherwise specified. With the exception of pollock, and for the purpose of these specifications, the BS includes the Bogoslof District. /2/ Except for 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. One-half of the amount of the pollock TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (See  679.31(a)(1)). /3/ Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ participants (See  679.31(c)). Regulations at  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. /4/ "Other flatfish" includes all flatfish species except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder. /5/ "Other red rockfish" includes shortraker, rougheye, sharpchin, and northern. /6/ "Other rockfish" includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin, northern, shortraker, and rougheye. /7/ "Other species" includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus. Apportionment of Reserves The Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the ITACs specified for the following species need to be supplemented from the nonspecific reserve because U.S. fishing vessels have demonstrated the capacity to harvest the full TAC amounts: Pollock in the Bering Sea subarea, pollock in the Aleutian Islands subarea, Atka mackerel in the BSAI, Pacific ocean perch in the Aleutian Islands subarea, and Pacific cod in the BSAI. Initial TACs for these species have been supplemented from the nonspecific reserve during the past 5 years, and no reason exists to not make available the full TAC amounts for these species at the beginning of the fishing year to enhance the ability of the industry to plan accordingly. During its December 1996 meeting, the Council specifically received testimony from representatives for the Pacific cod industry to release reserves at the beginning of the year and in a manner that complies with the apportionment of the initial ITAC (see below). Therefore, in accordance with  679.20(b)(3), NMFS is apportioning amounts from the reserve necessary to increase the initial TAC to the full TAC amount for the following species, except for pollock, where the TAC still is reduced by 7.5 percent to provide for the CDQ reserve. Species - Area or Subarea Reserve amount (mt) Pollock - Bering Sea 84,750 Pollock - Aleutian Is. 2,100 Atka Mackerel - Western Aleutian Is. 4,830 Atka Mackerel - Central Aleutian Is. 2,925 Atka mackerel - Eastern Aleutian Is. and 2,250 Bering Sea Subarea Pacific Ocean perch - Western Aleutian Is. 959 Pacific Ocean perch - Central Aleutian Is. 475 Pacific Ocean perch - Eastern Aleutian Is. 486 Pacific cod - BSAI 40,500 TOTAL 139,275 This apportionment of reserve is consistent with  679.20(b)(3). If applicable, these TACs are apportioned among seasons or gear types as authorized below. Seasonal Allowances of Pollock TACs Under  679.20(a)(5)(i)(A), the pollock TAC for each subarea or district of the BSAI is divided, after subtraction of reserves ( 679.20(b)(1)), into two seasonal allowances. The first allowance is available for directed fishing from January 1 to April 15 (roe season) and the second allowance is available from September 1 until November 1 (non-roe season). The Council recommended that the seasonal allowances for the Bering Sea pollock roe and non-roe seasons be specified at 45 percent and 55 percent of the TAC amounts, respectively (Table 2). These percentages are unchanged since 1993. As in past years, the pollock TAC amounts specified for the Aleutian Islands subarea and the Bogoslof District are not seasonally apportioned. When specifying seasonal allowances of the pollock TAC, the Council and NMFS considered the factors specified in section 14.4.10 of the FMP. A discussion of these factors relative to the roe and non-roe seasonal allowances was presented in the proposed 1995 specifications for BSAI groundfish (59 FR 64383, December 14, 1994). At this time, the Council's findings are unchanged from those set forth for 1995, given that the relative seasonal allowances are the same. Apportionment of the Pollock TAC to the Inshore and Offshore Components Regulations at  679.20(a)(6)(i) require that the pollock TAC amounts specified for the BSAI be allocated 35 percent to vessels catching pollock for processing by the inshore component and 65 percent to vessels catching pollock for processing by the offshore component. Definitions of these components are found at  679.2. The 1997 TAC specifications are consistent with these requirements (Table 2). ________________________________________________________________ Table 2.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts 1,2 ________________________________________________________________ Subarea TAC ITAC3 Roe Non-roe season4 season5 Bering Sea Inshore 365,837 164,627 201,210 Offshore 679,413 305,736 373,677 130,000 1,045,250 470,363 574,887 Aleutian Islands Inshore 9,065 9,065 (6) Offshore 16,835 16,835 (6) 28,000 25,900 25,900 (6) Bogoslof District Inshore 298 298 (6) Offshore 552 552 (6) 1,000 850 850 (6) _________________________________________________________________ /1/ TAC = total allowable catch. /2/ Based on an offshore component allocation of 65 percent (ITAC) and an inshore component allocation of 35 percent (ITAC). /3/ ITAC = initial TAC = 85 percent of TAC for the Bogoslof District and 92.5 percent of TAC for the Bering Sea and Aleutian Islands subareas. The ITAC for the Bering Sea and Aleutian Islands subareas reflects the apportionment of nonspecified reserve amounts. /4/ January 1 through April 15 - based on a 45/55 split (roe = 45 percent). Up to 100 percent of the ITAC specified for the Aleutian Islands subarea and the Bogoslof District may be harvested during the roe season. /5/ September 1 until November 1 - based on a 45/55 split (non-roe = 55 percent) /6/ Remainder. _________________________________________________________________ Apportionment of the Pollock TAC to the Western Alaska Community Development Quota Regulations at  679.31(a)(1) require one-half of the pollock TAC placed in the reserve for each subarea or district, or 7.5 percent of each TAC, be assigned to a CDQ reserve for each subarea or district. The 1997 CDQ reserve amounts for each subarea are as follows: BSAI Subarea Pollock CDQ Bering Sea - 84,750 mt Aleutian Islands - 2,100 mt Bogoslof - 75 mt Total - 86,925 mt Under regulations governing the CDQ program at subpart C of part 679, NMFS may allocate the 1997 pollock CDQ reserves to eligible Western Alaska communities or groups of communities that have an approved community development plan (CDP). NMFS has approved six CDPs and associated percentages of the CDQ reserve for each CDP recipient for 1996-98 (60 FR 66516, December 22, 1995). Table 3 lists the approved CDP recipients, and each recipient's allocation of the 1997 pollock CDQ reserve for each subarea. ______________________________________________________________________ Table 3.--Approved Shares (Percentages) and Resulting Allocations and Seasonal Allowances (Metric Tons) of the 1997 Pollock CDQ Reserve Specified for the Bering Sea (BS) and Aleutian Islands (AI) Subareas, and the Bogoslof District (BD) among Approved CDP Recipients ____________________________________________________________________ CDP Recipient Percent Area Allocation Roe-Season Allowance/1/ Aleutian Pribilof 16 BS 13,560 6,102 Island Community AI 336 336 Development Assn. BD 12 12 Total 13,908 6,450 Bristol Bay Economic 20 BS 16,950 7,627 Development Corp AI 420 420 BD 15 15 Total 17,385 8,062 Central Bering Sea 4 BS 3,390 1,526 Fishermen's Assn. AI 84 84 BD 3 3 Total 3,477 1,613 Coastal Villages 25 BS 21,188 9,535 Fishing Coop. AI 525 525 BD 19 19 Total 21,732 10,079 Norton Sound 22 BS 18,645 8,390 Fisheries Development AI 462 462 Corp. BD 16 16 Total 19,123 8,868 Yukon Delta Fisheries 13 BS 11,017 4,958 Development Corp. AI 273 273 BD 10 10 Total 11,300 5,241 TOTAL 100 86,925 40,313 _____________________________________________________________________ 1/ No more than 45 percent of a CDP recipient's 1997 Bering Sea pollock allocation may be harvested during the pollock roe season, January 1 through April 15. Up to 100 percent of a recipient's 1997 Aleutian Islands or Bogoslof District pollock allocation may be harvested during this time period. Allocation of the Pacific Cod TAC Under  679.20(a)(7), 2 percent of the Pacific cod TAC 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/processor vessels ( 679.20(a)(7)(i)(B)). At its December 1996 meeting, the Council recommended seasonal allowances of the portion of the Pacific cod TAC allocated to vessels using hook-and-line or pot gear. Seasonal allowances are authorized under  679.20(a)(7)(iv) for the following three time periods: January 1 through April 30; May 1 through August 31; and September 1 through December 31. The intent of the seasonal allowances is to provide for the harvest of Pacific cod when flesh quality and market conditions are optimum and Pacific halibut bycatch rates are low. The Council's recommendations for seasonal allowances are based on: (1) Seasonal distribution of Pacific cod relative to prohibited species distributions, (2) variations in prohibited species bycatch rates experienced in the Pacific cod fisheries throughout the year, and (3) economic effects of seasonal allowances of Pacific cod on the hook-and-line and pot gear fisheries. Regulations at  679.20(a)(7)(iv)(C) authorize NMFS, after consultation with the Council, to determine the manner in which an unused portion of a seasonal allowance of Pacific cod will be reapportioned to remaining seasons during the same fishing year. Accordingly, the Council recommmended that any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line or pot gear fishery be reapportioned to the third seasonal allowance. NMFS concurs with this recommendation. The gear allocations and associated seasonal allowances of the Pacific cod TAC are specified in Table 4. _________________________________________________________________ Table 4--1997 Gear Shares of the BSAI Pacific Cod TAC _________________________________________________________________ Gear Percent Share Seasonal Apportionment TAC TAC (mt) Date % Amount (mt) Jig 2 5,400 Jan 1-Dec 31 100 5,400 Hook-and-line 51 137,700 Jan 1-Apr 30 73 100,5211 and pot gear May 1-Aug 31 23 31,671 Sep 1-Dec 31 4 5,508 Trawl gear2 Total 47 126,900 Jan 1-Dec 31 100 126,900 Catcher vessel (63,450) Catcher/processor (63,450) TOTAL 100 270,000 _________________________________________________________________ /1/ 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 /2/ The portion of the Pacific cod TAC allocated to trawl gear is apportioned 50 percent to catcher vessels and 50 percent to catcher/processors under 679.20(a)(7)(i)(B). Sablefish Gear Allocation and CDQ Allocations for Sablefish Regulations at  679.20(a)(4) require that sablefish TACs for the BSAI subareas be divided between trawl and hook-and- line/pot gear types. Gear allocations of TACs are established in the following proportions: 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. In addition, regulations under  679.31(c) require NMFS to withhold 20 percent of the hook-and-line and pot gear sablefish allocation as sablefish CDQ reserve. Gear allocations of sablefish TAC and CDQ reserve amounts are specified in Table 5. _________________________________________________________________ Table 5.--1997 Gear Shares and CDQ Reserve of BSAI Sablefish TACS _________________________________________________________________ Percent Share of Initial of TAC TAC TAC CDQ Subarea Gear (mt) (mt) (mt)1 Reserve Bering Trawl 50 550 468 N/A Sea Hook-and- line/pot gear2 50 550 N/A 110 TOTAL 1,100 468 110 Aleutian Trawl 25 300 255 N/A Islands Hook-and- line/pot gear2 75 900 N/A 180 TOTAL 1,200 255 180 _________________________________________________________________ /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 hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants. Regulations at  679.20(b)(1) do not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear. Under regulations governing the sablefish CDQ program at subpart C of part 679, NMFS may allocate the 1997 sablefish CDQ reserve to eligible Western Alaska communities or groups of communities that have an approved CDP. NMFS has approved seven CDPs and associated percentages of the sablefish CDQ reserve for each CDP recipient for 1995-97 (59 FR 61877, December 2, 1994). Table 6 lists the approved CDP recipients and each recipient's allocation of the 1997 sablefish CDQ reserve for each subarea. _________________________________________________________________ Table 6.--Approved Shares (Percentages) and Resulting Allocations (mt) of the 1997 Sablefish CDQ Reserve Specified for the Bering Sea (BS) and Aleutian Islands (AI) Subareas Among Approved CDP Recipients _________________________________________________________________ Sablefish CDP Recipient Area Percent Allocation (mt) Atka Fishermen's BS 0 0 Association AI 0 0 Bristol Bay Economic BS 0 0 Development Corp. AI 25 45 Coastal Villages BS 0 0 Fishing Cooperative AI 25 45 Norton Sound Economic BS 25 28 Development Corporation AI 30 54 Pribilof Island BS 0 0 Fishermen AI 0 0 Yukon Delta Fisheries BS 75 82 Development Association AI 10 18 Aleutian Pribilof Islands BS 0 0 Community Development AI 10 18 Association TOTAL BS 100 110 AI 100 180 ______________________________________________________________ Allocation of Prohibited Species Catch (PSC) Limits for Crab, Halibut, and Herring PSC limits of C. bairdi Tanner crab in Bycatch Limitation Zones (50 CFR 679.2) of the Bering Sea subarea and for Pacific halibut throughout the BSAI are established under  679.21(e) as follows: - Zone 1 trawl fisheries, 1 million C. bairdi Tanner crabs; - Zone 2 trawl fisheries, 3 million C. bairdi Tanner crabs; - BSAI trawl fisheries, 3,775 mt mortality of Pacific halibut; - BSAI nontrawl fisheries, 900 mt mortality of Pacific halibut; Regulations at  679.21(e) also require that a PSC limit for red king crab in Zone 1 and for Pacific herring in the BSAI be specified annually based on abundance and spawning biomass criteria. Under new regulations implementing Amendment 37 to the FMP (61 FR 65985, December 16, 1996), the 1997 red king crab PSC limit in zone 1 is 100,000 crab based on the following criteria set out at  679.21(e)(1)(i)(B): The number of mature female red king crab is above the threshold of 8.4 million mature crab and the effective spawning biomass is greater than 14.5 but less than 55 million lb (24,948 mt). Based on a length-based analysis of NMFS 1996 trawl survey data, the Alaska Department of Fish and Game (ADF&G) estimates the abundance of mature females is 10.2 million crab and effective spawning biomass is 20.3 million lbs (9,206 mt). 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 ( 679.21(e)(v)). The best estimate of 1997 herring biomass is 157,887 mt. This amount was derived using 1996 survey data and an age-structured biomass projection model developed by ADF&G. Therefore, the herring PSC limit for 1997 is 1,579 mt. The C. bairdi PSC limits currently established in regulations are subject to change pending the approval of Amendment 41 to the FMP adopted by the Council at its September 1996 meeting. A proposed rule to implement Amendment 41 was published in the Federal Register on January 2, 1997 (62 FR 85). Based on the proposed rule and pending approval of Amendment 41 by NMFS, the 1997 C. bairdi PSC limit in Zones 1 and 2 would be adjusted downward to 750,000 crab and 2,100,000 crab, respectively. If Amendment 41 is not approved, the C. bairdi PSC limits will remain unchanged. At its December 1996 meeting, the Council also adopted a new PSC limit for C. opilio Tanner crab. NMFS anticipates that a proposed rule, as well as a proposed 1997 PSC limit for C. opilio crab, will be published in the Federal Register for public review and comment by March 1997. Regulations under  679.21(e)(3) authorize the apportionment of each PSC limit into PSC allowances for specified fishery categories. Regulations at  679.21(e)(3)(iv) specify seven trawl fishery categories (midwater pollock, Greenland turbot/arrowtooth flounder/sablefish, rock sole/flathead sole/other flatfish, yellowfin sole, rockfish, Pacific cod, and bottom pollock/Atka mackerel/"other species"). Regulations at  679.21(e)(4)(ii) authorize the apportionment of the nontrawl halibut PSC limit among five fishery categories (Pacific cod hook-and-line, sablefish hook-and-line, groundfish pot gear, groundfish jig gear, and other nontrawl fishery categories). The fishery bycatch allowances for the trawl and nontrawl fisheries are listed in Table 7. Regulations at  679.21(e)(3)(ii)(B) require that an amount of the red king crab PSC limit be specified for the red king crab savings subarea (RKCSS), defined at  679.21(e)(3)(ii)(B)(1), if the subarea is open to fishing by vessels using nonpelagic trawl gear. Under provisions of these regulations, the RKCSS will be open to fishing with nonpelagic trawl gear in 1997 because ADF&G had established a 1996 guideline harvest level for the commercial red king crab fishery in Bristol Bay. Consistent with  679.21(e)(3)(ii)(B)(2), the red king crab bycatch allowance specified for the RKCSS is an amount equal to 35 percent of the red king crab bycatch allowance recommended by the Council for the rock sole/flathead sole/other flatfish fishery category (75,000 crab), or 26,250 crab. The bycatch allowance specified in Table 7 for the rock sole/flathead sole/other flatfish fishery category is reduced correspondingly to 48,750 crab. When the total number of red king crab taken by trawl vessels fishing in the RKCSS reaches the specified bycatch allowance, further directed fishing for groundfish in the RKCSS by vessels using nonpelagic trawl gear will be prohibited. The fishery bycatch allowances listed in Table 7 reflect the recommendations made to the Council by its AP. With the exception of the red king crab bycatch allowance specified for the RKCSS, these recommendations generally reflect those established for 1996. The prohibited species bycatch allowances primarily were based on 1996 bycatch amounts, anticipated 1997 harvest of groundfish by trawl gear and fixed gear, and assumed halibut mortality rates in the different groundfish fisheries. Regulations at  679.21(e)(4)(i) allow NMFS to exempt specified nontrawl fisheries from the halibut PSC limit. As in 1995 and 1996, the Council recommended that the pot gear, jig gear, and sablefish hook-and-line gear fishery categories be exempt from the halibut bycatch restrictions. The Council recommended that the pot and jig gear fisheries be exempt from halibut-bycatch restrictions because these fisheries use selective gear types that experience low halibut bycatch mortality. In 1996, total groundfish catch for the pot gear fishery in the BSAI was approximately 33,841 mt with an associated halibut bycatch mortality of about 21 mt. The 1996 groundfish jig gear fishery harvested about 264 mt of groundfish. The jig gear fleet is comprised of vessels less than 60 ft (18.3 m) length overall that are exempt from observer coverage requirements. As a result, no observer data are available on halibut bycatch in the BSAI jig gear fishery. Nonetheless, the selective nature of this gear type and the relatively small amount of groundfish harvested with jig gear likely results in a negligible amount of halibut bycatch mortality. As in 1995 and 1996, the Council recommended that the sablefish Individual Fishing Quota (IFQ) fishery be exempt from halibut bycatch restrictions because of the sablefish and halibut IFQ program (subpart D of part 679). The IFQ program requires legal-sized halibut to be retained by vessels using hook-and-line gear if a halibut IFQ permit holder is aboard. The best available information on the 1995 sablefish IFQ fishery indicates that less than 40 mt of halibut discard mortality was associated with this fishery. An estimate of halibut bycatch mortality associated with the 1996 sablefish IFQ fishery is not available. Nonetheless, no reason exists to suggest the 1996 bycatch mortality in this fishery differed significantly from that estimated for 1995. ________________________________________________________________ Table 7.--Final 1997 Prohibited Species Bycatch Allowances for the BSAI Trawl and Nontrawl Fisheries _________________________________________________________________ Trawl Fisheries Zone 1 Zone 2 BSAI-wide RED KING CRAB, NUMBER OF ANIMALS yellowfin sole 10,000 rock sole/flathead sole/other flatfish 48,750 Greenland turbot/arrowtooth/sablefish 0 rockfish 0 Pacific cod 7,500 pollock/Atka mackerel/other species 7,500 Red king crab savings subarea1 26,250 Total 100,000 C. BAIRDI TANNER CRAB, NUMBER OF ANIMALS yellowfin sole 368,421 1,530,000 rock sole/flathead sole/other flatfish 394,736 510,000 Greenland turbot/arrowtooth/sablefish 0 0 rockfish 0 10,000 Pacific cod 177,632 278,571 pollock/Atka mackerel/other species 59,211 671,429 Total 1,000,000 3,000,000 PACIFIC HALIBUT, MORTALITY (MT) yellowfin sole 930 rock sole/flathead sole/other flatfish 795 Greenland turbot/arrowtooth/sablefish 0 rockfish 100 Pacific cod 1,600 pollock/Atka mackerel/other species 350 Total 3,775 PACIFIC HERRING (MT) midwater pollock 1,142 yellowfin sole 267 rock sole/flathead sole/other flatfish 0 Greenland turbot/arrowtooth/sablefish 0 rockfish 7 Pacific cod 20 pollock/Atka mackerel/other species 143 Total 1,579 ________________________________________________________________________ ------------------------------------------------------------------------- Table 7.--Final 1997 Prohibited Species Bycatch Allowances for the BSAI Trawl and Nontrawl Fisheries--cont'd. _________________________________________________________________________ Nontrawl Fisheries BSAI-wide PACIFIC HALIBUT, MORTALITY (MT) Pacific cod hook-and-line 840 Sablefish hook-and-line /2/ Groundfish pot gear /2/ Groundfish jig gear /2/ Other nontrawl 60 Total 900 _________________________________________________________________ /1/ The red king crab savings subarea is defined at  679.21(e)(3)(ii)(B) as the portion of the red king crab savings area between 56o00' and 56o10' N. lat. The amount of the red king crab bycatch limit specified for this area under 679.21(e)(3)(ii)(B)(2) is not designated by fishery and, when reached, will result in closure of the subarea to directed fishing for groundfish with nonpelagic gear ( 679.21(e)(7)(ii)(B)). /2/ Exempt Seasonal Apportionments of PSC limits Regulations at  679.21(e)(5) authorize NMFS, after consultation with the Council, to establish seasonal apportionments of prohibited species bycatch allowances. At its December 1996 meeting, the Council recommended that the trawl fishery halibut bycatch allowances, and the halibut bycatch allowance apportioned to the Pacific cod hook-and-line gear fishery be seasonally apportioned as shown in Table 8. The recommended seasonal apportionments reflect recommendations made to the Council by its AP. The Council recommended seasonal apportionments of the halibut bycatch allowances specified for the trawl flatfish and rockfish fisheries to provide additional fishing opportunities in the BSAI early in the year and to reduce the incentive for trawl vessel operators to move from the BSAI to the Gulf of Alaska after the rock sole roe fishery is closed, typically by early March. The recommended seasonal apportionment of the halibut bycatch allowance for the pollock/Atka mackerel/"other species" fishery category is based on the seasonal allowances of the Bering Sea pollock TAC recommended for the roe and non-roe seasons. Although most of the pollock harvested during the roe season will be taken with pelagic trawl gear and low halibut bycatch rates, any unused halibut bycatch mortality apportioned to the roe season will be available after the roe season. The Council recommended three seasonal apportionments of the halibut bycatch allowance specified for the Pacific cod hook-and- line fishery. The intent of this recommendation was to provide amounts of halibut necessary to support the harvest of the seasonal apportionments of Pacific cod TAC listed in Table 4, as well as limit a hook-and-line fishery for Pacific cod during summer months when halibut bycatch rates are high. The third seasonal allowance of halibut bycatch mortality will become available September 15, even though the third seasonal allowance of Pacific cod specified for this fishery is available September 1 (Table 4). This means that directed fishing for the third seasonal allowance of Pacific cod by vessels using hook-and-line gear will be prohibited until September 15. The intent of the Council's recommendation was to limit fishing for Pacific cod by vessels using hook-and-line gear during summer months, including the first half of September, when halibut bycatch rates are relatively high. As authorized under  679.21(e)(5)(iv), the Council further recommended that any unused portion of the first seasonal halibut bycatch allowance specified for the Pacific cod hook-and-line fishery be reapportioned to the third seasonal allowance to avoid opportunity for additional fishing for Pacific cod until September 15. The Council further recommended that any overage of a halibut bycatch allowance would be deducted from the remaining seasonal bycatch allowances specified for 1997 in amounts proportional to those remaining seasonal bycatch allowances. ______________________________________________________________________ Table 8.--Final Seasonal Apportionments of the 1997 Pacific Halibut Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries _____________________________________________________________________ Trawl Fisheries Pacific Halibut Seasonal Bycatch Allowances (mt) Yellowfin sole Jan. 20 - Mar. 31 210 Apr. 01 - May 10 210 May 11 - Aug. 14 100 Aug. 15 - Dec. 31 410 Total 930 Rock sole/flathead sole/"other flatfish" Jan. 20 - Mar. 31 485 Apr. 01 - Jun. 30 130 Jul. 01 - Dec. 31 180 Total 795 Rockfish Jan.20 - Mar. 31 30 Apr.01 - Jun. 30 45 Jul.01 - Dec. 31 25 Total 100 Pacific cod Jan. 20 - Dec 31 1,600 Pollock/Atka mackerel/"other species" Jan. 20 - Apr. 15 300 Apr. 16 - Dec. 31 50 Total 350 Non-Trawl Gear Pacific cod hook-and-line1 Jan. 01 - Apr.30 495 May 01 - Sep.14 40 Sep. 15 - Dec.31 305 Total 840 Other nontrawl Jan. 01 - Dec. 31 60 __________________________________________________________________ /1/ Any unused portion of the first seasonal halibut bycatch allowance specified for the Pacific cod hook-and-line fishery will be reapportioned to the third seasonal allowance. Any overage of a seasonal halibut bycatch allowance would be deducted from the remaining seasonal bycatch allowances specified for 1997 in amounts proportional to those remaining seasonal bycatch allowances. For purposes of monitoring the fishery halibut bycatch mortality allowances and apportionments, the Regional Administrator will use observed halibut bycatch rates and estimates of groundfish catch to project when a fishery's halibut bycatch mortality allowance or seasonal apportionment is reached. The Regional Administrator monitors the fishery's halibut bycatch mortality allowances using assumed mortality rates that are based on the best information available, including information contained in the final annual SAFE report. With one exception, the Council recommended that the assumed halibut mortality rates developed by staff of the International Pacific Halibut Commission (IPHC) for the 1997 BSAI groundfish fisheries be adopted for purposes of monitoring halibut bycatch allowances established for the 1997 groundfish fisheries. The IPHC's assumed halibut mortality rates generally are based on an average of mortality rates determined from NMFS observer data collected during 1994 and 1995. Assumed Pacific halibut mortality rates for BSAI fisheries during 1997 are specified in Table 9. For the Pacific cod hook-and-line gear fishery, the Council recommended an assumed rate of 11.5 percent (the rate used in 1996) until such time in 1997 that the IPHC completes an analysis of 1996 observer data on halibut mortality rates in this fishery. The rate recommended by IPHC staff based on 1994 and 1995 observer data was 14 percent. The Council's recommendation was made in response to public testimony that the 1996 mortality rates improved substantially from earlier years due to a voluntary information program developed by the Pacific cod hook- and-line gear fleet to reduce halibut bycatch discard mortality rates. The Council further recommended that once the IPHC's analysis of 1996 data is complete, NMFS publish a notice in the Federal Register to change the assumed mortality rate for the Pacific cod hook-and-line fishery to reflect the 1996 observed mortality rate. NMFS concurs with the Council's recommendation. _________________________________________________________________ Table 9.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries during 1997 _________________________________________________________________ FISHERY ASSUMED MORTALITY (PERCENT) Hook-and-line gear fisheries Rockfish 15 Pacific cod 11.5 Greenland turbot 11 Sablefish 29 Trawl gear fisheries Midwater pollock 79 Nonpelagic pollock 76 Yellowfin sole 79 Rock sole 73 Flathead sole 65 Other flatfish 65 Rockfish 72 Pacific cod 68 Atka mackerel 73 Arrowtooth flounder 66 Greenland turbot 66 Sablefish 23 Other species 68 Pot gear fisheries Pacific cod 10 _________________________________________________________________ Closures to Directed Fishing and Inseason Adjustment Under  679.20(d), if the Regional Administrator determines that the amount of a target species or "other species" category apportioned to a fishery or, with respect to pollock, to an inshore or offshore component allocation, is likely to be reached, the Regional Administrator may establish a directed fishing allowance for the species or species group. If the Regional Administrator established a directed fishing allowance, and that allowance is or will be reached before the end of the fishing year, NMFS will prohibit directed fishing for that species or species group in the specified subarea or district. Similarly, under  679.21(e)(7) and 679.21(e)(8), if the Regional Administrator determines that a fishery category's bycatch allowance of halibut, Pacific herring, red king crab, or C. bairdi Tanner crab for a specified area has been reached, the Regional Administrator will prohibit directed fishing for each species in that category in the specified area. The Regional Administrator has determined that the TAC amounts of pollock in the Bogoslof District, Pacific ocean perch in the Bering Sea subarea, shortraker/rougheye rockfish in the Aleutian Islands subarea, sharpchin/northern rockfish in the Aleutian Islands subarea, other red rockfish in the Bering Sea subarea and other rockfish in the Bering Sea and Aleutian Islands subareas will be necessary as incidental catch to support other anticipated groundfish fisheries. Therefore, NMFS is prohibiting directed fishing for these target species in the specified area identified in Table 10 to prevent exceeding the groundfish TACs specified in Table 1 of this document. A Zone 1 red king crab bycatch allowance of zero crab is specified for the rockfish trawl fishery, which is defined at  679.21(e)(3)(iv)(D). Similarly, the BSAI halibut bycatch allowance specified for the Greenland turbot/arrowtooth flounder/sablefish trawl fishery category, defined at  679.21(e)(3)(iv)(C), is 0 mt. The BSAI herring bycatch allowance specified for the rock sole/flathead sole/other flatfish trawl fishery category, defined at  679.21(e)(3)(iv)(B)(2), also is 0 mt. The Regional Administrator has determined, in accordance with  679.21(e)(7)(ii), 679.21(e)(7)(iv), and  679.21(e)(7)(v) that the red king crab bycatch allowance specified for the trawl rockfish fishery in Zone 1, the halibut bycatch allowance specified for the Greenland turbot/arrowtooth flounder/sablefish trawl fishery category, and the Pacific herring bycatch allowance specified for the rock sole/flathead sole/other flatfish trawl fishery category have been caught. Therefore, NMFS is prohibiting directed fishing for rockfish in Zone 1 by vessels using trawl gear; for Greenland turbot, arrowtooth flounder, and sablefish in the BSAI by vessels using trawl gear; and for rock sole, flathead sole, and other flatfish in the Herring Savings Area defined at  679.2 (See Table 10.). NMFS issues an inseason adjustment closing the RKCSS to directed fishing for groundfish by vessels using nonpelagic trawl gear. This action is necessary to prevent exceeding the 1997 red king crab bycatch allowance specified for the RKCSS. The groundfish fishery by vessels using trawl gear in the BSAI began January 20, 1997. Vessels fishing for groundfish with nonpelagic trawl gear in Zone 1 south of 56 degrees North latitude, the southern boundary of the red king crab savings area, experienced high bycatch rates of red king crab, taking an estimated 27,000 animals in three days. Historical data show that bycatch rates of red king crab by vessels fishing for groundfish with nonpelagic trawl gear increase with increasing latitude in the red king crab savings area. If groundfish were available to vessels using nonpelagic trawl gear in the RKCSS for a minimum time period, NMFS anticipates that effort by those vessels would be substantial, resulting in the allowance of 26,250 red king crab being exceeded. This allowance is not expected to sustain the fishery although it is the maximum amount allowed under  679.21(e)(3)(ii)(B)(2). In accordance with  679.25(a)(2)(i)(B), NMFS has determined that the red king crab for the red king crab bycatch allowance specified for the RKCSS will not adequately provide for nonpelagic trawl gear fishing operations in the subarea. Therefore, in accordance with  679.25(a)(1)(i) and (a)(2)(i), the Regional Administrator has determined that closing the RKCSS to directed fishing for groundfish by vessels using nonpelagic trawl gear is necessary to prevent exceeding the red king crab bycatch allowance specified for the subarea and is the least restrictive measure to achieve that purpose. Without this prohibition of fishing, red king crab bycatch in excess of the allowance specified for the RKCSS would occur. Under authority of the Interim 1997 Specifications (61 FR 60044, November 26, 1996), NMFS closed directed fishing for atka mackerel in the Eastern Aleutian District and the Bering Sea Subarea of the BSAI effective 1200 hrs, A.l.t., February 4, 1997, through 2400 hrs, A.l.t., December 31, 1997 (62 FR 5781, February 7, 1997). The amount of TAC remaining under the final specifications of groundfish following closure under the interim specifications will be used as incidental catch in directed fishing for other species in the Eastern Aleutian District and Bering Sea Subarea. In accordance with  679.20(d)(1)(iii), the closure to directed fishing for atka mackerel in the Eastern Aleutian District and the Bering Sea Subarea of the BSAI will remain in effect through 2400 hrs, A.l.t., December 31, 1997. The closures listed in Table 10 supersede the closures announced in the 1997 interim specifications (61 FR 60044, November 26, 1996 and corrected at 62 FR 2445, January 16, 1997). In accordance with  679.20(d)(1)(iii),  679.21(e)(7), and  679.25(a)(1)(i) and (a)(2)(i), the closures listed in Table 10 will remain in effect through 2400 hrs, A.l.t., December 31, 1997. While these closure are in effect, the maximum retainable bycatch amounts at  679.20(e) apply at any time during a fishing trip. Additional closures and restrictions may be found in existing regulations at 50 CFR part 679. Table 10.--Closures to Directed Fishing Under 1997 TACs1 Fishery (All Gear) Closed Area2 Pollock in Bogoslof District Statistical Area 518 Pacific ocean perch Bering Sea subarea Other red rockfish3 Bering Sea subarea Shortraker/rougheye rockfish Aleutian Islands subarea Sharpchin/northern rockfish Aleutian Islands subarea Other rockfish4 BSAI Atka mackerel Eastern Aleutian District and Bering Sea Subarea Fishery (Trawl only) Rockfish Zone 1 Greenland turbot, arrowtooth, sablefish BSAI Rock sole, flathead sole and other flatfish Herring Savings Area Groundfish (nonpelagic trawl gear) RKCSS _________________________________________________________________ /1/ These closures to directed fishing are in addition to closures and prohibitions found in regulations at 50 CFR part 679. /2/ Refer to  679.2 for definitions of areas, subareas, Bycatch Limitation Zone 1, and the Herring Savings Area, and to Figure 1 to Part 679 for a description of BSAI Statistical Areas. The red king crab savings subarea (RKCSS) is defined at  679.21(e)(3)(ii)(B). /3/ "Other red rockfish" includes shortraker, rougheye, sharpchin, and northern. /4/ In the BSAI, "Other rockfish" includes Sebastes and Sebastolobus species except for Pacific ocean perch and the "other red rockfish" species. Response to comments Comment 1. The draft environmental assessment prepared for the 1997 specifications provides an inadequate basis for a Finding of No Significant Impact. The environmental impact statement (EIS) prepared for the BSAI groundfish fishery was drafted 15 years ago. Since that time, the conduct of the fisheries has changed, new information regarding the affected groundfish species exists, and substantial and unanalyzed questions exist regarding the impact of the groundfish fisheries on the BSAI ecosystem. NMFS should prepare a supplement to the EIS which fully evaluates the potential impacts of the groundfish TACs on the BSAI ecosystem. Response. NMFS acknowledges that the final EIS prepared for the BSAI groundfish fishery is 15 years old. Nonetheless, NMFS believes the final EA prepared for the 1997 BSAI groundfish specifications, as well as the documents incorporated by reference into the EA, adequately support a Finding of No Significant Impact (FONSI). The FONSI is based on the best available information contained in the SAFE report on the biological condition of groundfish stocks, the socioeconomic condition of the fishing industry, and consultation with the Council at its December 1996 meeting. For each species category, the Council recommended harvest amounts such that catches at or below these amounts would not result in overfishing as defined by the FMP. The Council's recommended final TACs for many groundfish species differ from the proposed TACs due to new information on status of stocks and/or changes in exploitation strategy. Each of the Council's recommended TACs for 1997 is equal to or less than the ABC for each species category. Therefore, NMFS finds that the recommended TACs are consistent with the biological condition of the groundfish stocks. Comment 2. The draft EA does not adequately assess the impact of proposed 1997 fishing levels on the age class distribution of declining stocks of pollock in the eastern Bering Sea, on endangered Steller sea lions, or on the unlisted species also suffering population declines. The draft EA also neglects to address dramatic increases in catches of pollock and Atka mackerel in areas designated as critical foraging habitat for Steller sea lions, the increasing effort directed on spawning pollock in the winter months, and the geographic and temporal concentration of fishing in the areas of the BSAI where the greatest declines of sea lion, other marine mammals, and seabirds have occurred. Response. The issues of concern identified in Comment 2 are addressed within the scope of the final EA, as well as in the documents incorporated by reference into the final EA. Efforts to identify relationships between the Alaska groundfish fisheries and Steller sea lions are ongoing, but any potential linkages remain unclear. Overlaps between Steller sea lion prey and harvested species have been identified, particularly with reference to pollock and Atka mackerel stocks. However, no data currently are available to suggest that the recommended ABCs for these or any other species will adversely impact the recovery of Steller sea lions or other listed species. Participants in the Alaskan groundfish fisheries are not expected to significantly alter their fishing practices, either spatially or temporally, as a result of the 1997 groundfish specifications nor operate in any manner that would predictably pose obvious impacts to Steller Sea lions. New information on the declining abundance of juvenile pollock in the eastern Bering Sea is not expected to influence the fishery during 1997, because fishing effort will continue to concentrate on older age classes that are spatially separate from juvenile aggregations. Available information on the relationship between pollock spawner and recruit biomass suggests that the remaining unharvested mature portion of the stock is above the level that would cause further reductions in pollock recruitment. Classification This action is authorized under 50 CFR part 679 and is exempt from review under E.O. 12866. This action adopts final 1997 harvest specifications for the BSAI, implements associated management measures, releases reserves to certain species ITACs, and closes specified fisheries. Generally, this action does not significantly revise management measures in a manner that would require time to plan or prepare for those revisions. In some cases, such as closures, action must be taken immediately to conserve fishery resources. In other cases, such as the apportionment of the nonspecified reserve to specified ITAC amounts, action must be taken immediately to convey a benefit to the industry in terms of providing the opportunity to plan for the full harvest of specified TAC amounts. Without the specified closures, prohibited species bycatch allowances will be exceeded, established TAC amounts will be overharvested, and retention of some groundfish species will become prohibited, which would disadvantage fishermen who could no longer retain bycatch amounts of these species. In some cases, the interim specifications in effect would be insufficient to allow directed fisheries to operate during a 30-day delayed effectiveness period, which would result in unnecessary closures and disruption within the fishing industry; in many of these cases, the final specifications will allow the fisheries to continue without interruption. The immediate effectiveness of this action is required to provide consistent management and conservation of fishery resources and to convey a benefit to fishermen by providing an opportunity to harvest available TAC amounts. Accordingly, the Assistant Administrator for Fisheries, NOAA (AA), finds good cause exists to waive the 30-day delayed effectiveness period under 5 U.S.C. 553(d)(3) with respect to such provisions. Comments on the apportionment of reserves will be received until [insert date 15 days from date of filing for public inspection with the Office of the Federal Register] (see ADDRESSES). The AA under authority of 5 U.S.C. 553(b)(B) finds good cause that providing prior notice and an opportunity for public comment regarding the inseason adjustment closing the red king crab savings subarea of the BSAI is impracticable and contrary to the public interest. Similarly, under authority of 5 U.S.C. 553(d)(3), the AA finds good cause to waive the 30-day delay in effective date and immediate effectiveness is necessary to prevent exceeding the red king crab bycatch allowance specified for the RKCSS. Under  679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until [insert date 15 days after date of filing with the Office of the Federal Register]. Pursuant to section 7 of the Endangered Species Act, NMFS and the U.S. Fish and Wildlife Service have determined that the groundfish fisheries operating under the 1997 BSAI TAC specifications are unlikely to jeopardize the continued existence or recovery of species listed as endangered or threatened or to adversely modify critical habitat of these species. NMFS prepared an EA on the 1997 TAC specifications. The AA concluded that no significant impact on the environment will result from their implementation. A copy of the EA is available (see ADDRESSES). The Assistant General Counsel for Legislation and Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this final specification will not have a significant economic impact on a substantial number of small entities. The number of fixed gear and trawl catcher vessels expected to be operating as small entities in the Bering Sea and Aleutian Islands groundfish fishery is 356, excluding catcher/processor vessels. All these small entities will be affected by the harvest limits established in the 1997 specifications but changes from 1996 are relatively minor and are expected to be shared proportionally among participants. For this reason, the expected effects would not likely cause a reduction in gross revenues of more than 5 percent, increase compliance costs by more than 10 percent, or force small entities out of business. The Alaska commercial fishing industry is accustomed to shifting effort among alternative species and management areas in response to changes in TAC between years and inseason closures. Such mobility is necessary to survive in the open access fishery. Therefore, the annual specification process for Alaska groundfish for 1997 would not have significant economic impact on a significant number of small entities. No comments were received regarding this regulatory flexibility act certification. Thus no regulatory flexibility analysis was prepared. Authority: 16 U.S.C. 773 et seq. and 1801 et seq. Dated: February 12, 1997 _____________________________ Nancy Foster Acting Assistant Administrator for Fisheries National Marine Fisheries Service