Purpose and Need

Amendment 16a was designed to address management of herring bycatch and other bycatch taken in domestic trawl fisheries. In particular, it defined the “hot spot authority,” intended to give the Regional Director flexibility to close specific small areas inseason when bycatch rates were high.  This also allowed for limitation of the pollock TAC to gears other than pelagic trawl gear, and established a prohibited species limit for herring.  Herring in the eastern Bering Sea had declined from a peak in the mid 1980's, and unconstrained bycatch in trawl fisheries had jumped to high levels relative to exploitable biomass in 1989.  This was a cause for concern because when the bycatch mortality was added to the mortality due to the directed inshore fishery, exploitation rates exceeded the State’s harvest policy for herring. The ‘hot spot’ authority was proposed to reduce prohibited species bycatch rates and to provide fishermen a greater opportunity to harvest groundfish TAC prior to reaching established PSC limits.  A limitation on bottom trawling for pollock was included in the amendment to reduce the amount of crab and halibut bycatch in this fishery.

Analysis

A 47-page EA/RIR (final draft dated March 1, 1991) plus tables, was prepared for this amendment.  There were four alternatives, including the status quo, for herring savings areas considered.  The alternatives not chosen would have established smaller or larger winter savings areas.  Options for trigger limits included 1%, 2%, 4%, and 8%.  The alternative chosen was for the lowest PSC limit (1%) and an intermediate sized winter savings area.

Regulation Summary

Amendment 16a established prohibited species bycatch limits for Pacific herring taken as bycatch in trawl fisheries.  The annual PSC limit was set at 1% of the annual biomass of eastern Bering Sea herring, and is apportioned among trawl fishery categories. Attainment of any apportionment triggers closure of herring savings areas to that fishery. The Herring Savings Areas are described as follows:

(1)  Summer Herring Savings Area 1 means the part of the Bering Sea subarea that is south of 57 N. latitude and between 162 and 164 W longitude from 12:00 noon Alaska Local Time (ALT) June 15 through 12:00 noon ALT July 1 of a fishing year.

(2) Summer Herring Savings Area 2 means the part of the Bering Sea subarea that is south of 5630' N. latitude and between 164 and 167 W. longitude from 12:00 noon ALT July 1 through 12:00 noon ALT August 15 of a fishing year.

(3)  Winter Herring Savings Area means that part of the Bering Sea subarea that is between 58 and 60 N. latitudes and between 172 and 175 W. longitudes from 12:00 noon ALT September 1 through 12:00 noon ALT March 1 of the succeeding fishing year.

The Regional Director may promulgate an inseason closure of an area (for up to 60 days) to reduce prohibited species bycatch rates.  A number of factors must be considered when implementing any ‘hot spot’ closure.   

Also, Amendment 16a allows the Regional Director, in consultation with the Council, to limit the amount of pollock that may be taken with trawls other than pelagic trawls. The Council's recommendations are to be available to the public for comment under the annual TAC specification process.

Results

Effective dates of implementation were July 12 and August 12, 1991 for different parts of the regulations.