Purpose and Need

The purpose of the amendment was to control halibut bycatch in groundfish fisheries. Halibut bycatch limits for trawl and non-trawl gear fisheries that were established for 1992 under Amendment 19 were scheduled to expire at the end of 1992.  Without further regulatory action, no halibut bycatch restrictions would be in effect for BSAI non-trawl fisheries in 1993 and beyond, and the halibut bycatch limit for trawl gear fisheries would revert back to the 1991 level of 5,333 metric tons. 

Analysis

A 94-page EA/RIR/IRFA (final draft dated November 3, 1992) was prepared for this amendment.  Six alternatives including the status quo were considered.  The other alternatives that were not chosen would have established halibut bycatch limits only (not mortality based), or established fixed bycatch mortality limits for trawl fisheries in the FMP or regulations. In addition, three options for bycatch and mortality limits were analyzed. The alternative chosen established halibut bycatch limits in terms of mortality, allowed the PSC limits to be changed by regulatory amendment, allowed apportionment and seasonal allowances to be specified, and allowed some non-trawl fisheries (e.g., pot fisheries) to be exempt from the non-trawl PSC limits. 

Regulation Summary

Amendment 21 implemented the following measures:

1. Establish halibut bycatch limits in terms of halibut mortality rather than halibut bycatch;

2. Establish halibut bycatch mortality limits for trawl and non-trawl fisheries in regulations rather than in the FMP to allow for changes in bycatch mortality limits through a regulatory amendment process rather than an FMP amendment; and

3. Establish FMP authority to annually apportion the non-trawl halibut bycatch mortality limit among fisheries and seasons as bycatch allowances.  This authority would be similar to FMP provisions for annual specification of bycatch allowances of prohibited species catch limits among trawl fisheries.     Consistent with this amendment, regulations established a 3,775 mt halibut bycatch mortality limit for trawl gear fisheries and a 900 mt halibut bycatch mortality limit for non-trawl fisheries.

• Final Rule (56 FR 21619, 05/10/1991)
• Final Rule (56 FR 2700, 01/24/1991)
• Correction (56 FR 2981, 01/25/1991)
• Proposed Rule (56 FR 1612, 01/16/1991)
• Notice of Availability (55 FR 50727, 12/10/1990)
• Correction (55 FR 43063, 10/25/1990)
• Proposed Rule (55 FR 38347, 09/18/1990)
• Notice of Availability (55 FR 33340, 08/15/1990)

Results

Since the amendment was approved, halibut bycatch mortality limits have not been exceeded.  Further, fishermen have developed ways to reduce halibut mortality (e.g., careful release, deck sorting) to better achieve OY in the groundfish fisheries. Note that the halibut bycatch mortality limit for trawl gear was reduced by 100 mt with implementation of Amendment 57.