Purpose and Need

Amendment 25 was proposed to eliminate the primary Pacific halibut PSC limit that, when reached, closes Bycatch Limitation Zones 1 and 2H of the Bering Sea. Originally, under Amendment 12a to the BSAI FMP, a 4,400 mt primary halibut PSC limit and a 5,333 mt secondary limit were established for specified BSAI trawl fisheries. When the primary limit was reached, Zones 1 and 2H were closed to directed fishing for specified groundfish species by vessels using non-pelagic trawl gear. When the secondary limit was reached, the entire BSAI was closed to directed trawl fishing for specified groundfish species. The intent was to reduce halibut bycatch rates experienced by the trawl fisheries without prohibiting the groundfish trawl fisheries access to the entire BSAI groundfish resource. 

Amendment 12a expired December 31, 1990 and was replaced by Amendment 16, which maintained the existing PSC limits during 1991. Amendment 16 was eventually replaced by Amendment 19, which was effective only for the 1992 fishing year and reduced the secondary limit to 5,033 mt. (This action was eventually superceded by Amendment 21, which simply converted the PSC limits from catch limits to mortality limits.) As a result, the smaller difference between the primary and secondary limits made it difficult for NMFS to monitor the primary limit in a manner to allow closures before the secondary limit was reached; therefore, most trawl closures ensuing from bycatch restrictions were implemented under the secondary limit.  At this point, the effectiveness of a primary PSC limit to reduce halibut bycatch came into question. NMFS was finding that initial closure of Bycatch Limitation Zones actually often increased bycatch rates by forcing fisheries to move to areas with lower groundfish catch per unit effort and higher halibut bycatch rates. 

Amendment 25 was proposed to respond to the concerns about the usefulness of the primary PSC limit and its potential for exacerbating halibut bycatch rates in the BSAI trawl groundfish fisheries. The intent was to eliminate the primary PSC limit and use only the overall (secondary) halibut bycatch mortality limit established for the BSAI trawl fisheries. This action was necessary to promote the management and conservation of halibut and other fish resources as specified in the objectives of the Magnuson-Stevens Act and the FMPs, and to better meet the original intent of Amendment 12a. 

Analysis

A 21-page EA/RIR (final draft dated December 1993) was prepared for this amendment.  Three alternatives including the status quo were considered.  One alternative addressed the elimination of the primary PSC limit and the other alternative addressed the regulatory amendments proposing the mandatory retention of salmon and authorized release of observer data on prohibited species bycatch.  The analysis determined that both alternatives would improve the current situation by reducing salmon and other prohibited species bycatch rates and providing information to develop more effective management measures in the future. 

Regulation Summary

The approved alternative eliminated the primary PSC limit, but did not affect the overall halibut bycatch mortality limit (3,775 mt) for the BSAI trawl fisheries. 

The action also implemented regulatory amendments which 1) prohibited discards of salmon taken as bycatch in the BSAI groundfish trawl fisheries until a NMFS-certified observer determines the number of salmon and collects any necessary data; and 2) established the authority to release to the public vessel-specific observer data on bycatch of prohibited species in the BSAI and GOA groundfish fisheries.

Results

Since the amendment was approved, trawl halibut bycatch mortality has decreased slightly, as has the overall trawl bycatch mortality limit. The following are the trawl halibut bycatch mortality rates in the BSAI groundfish fisheries since the amendment was approved in 1994 (NMFS 2000).