[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3054]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 675

[Docket No. 940225-4025; I.D. 012494B!]

 

Groundfish of the Gulf of Alaska, Groundfish of the Bering Sea 
and Aleutian Islands Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Emergency interim rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS has determined that an emergency exists in groundfish 
fisheries in the Gulf of Alaska (GOA) and in the Bering Sea and 
Aleutian Islands management area (BSAI). Management measures must be 
implemented to prevent overfishing of GOA thornyhead rockfish and 
Pacific ocean perch (POP) and to limit unnecessarily high bycatch 
amounts of these rockfish species and Pacific halibut in the GOA trawl 
fisheries in a manner that will reduce the likelihood of premature 
fishery closures. These measures include revising regulations 
applicable to the management and monitoring of the GOA halibut bycatch 
limit established for trawl gear fisheries, revising directed fishing 
standards, and adjustment of BSAI flatfish seasons to provide for 
additional fishing opportunities in the BSAI early in the fishing year. 
This action is necessary to respond to new information applicable to 
the management of GOA halibut and rockfish species and to avoid 
premature fishery closures. This action is intended to further the 
goals and objectives contained in the fishery management plans for the 
groundfish fisheries off Alaska.

DATES: Effective February 7, 1994 through May 11, 1994. Comments are 
invited on this action until February 25, 1994.

ADDRESSES: Comments should be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, National Marine Fisheries Service, 
P.O. Box 21668, Juneau, Alaska 99802, Attention: Lori Gravel. Copies of 
the Environmental Assessment (EA) prepared for a proposed regulatory 
amendment, which will follow and implement the actions taken under the 
emergency rule, may be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, Fisheries 
Management Division, Alaska Region, NMFS, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by U.S. vessels in the exclusive economic 
zone of the GOA and the BSAI is managed by the Secretary of Commerce 
according to the Fishery Management Plan (FMP) for Groundfish of the 
GOA and the FMP for the Groundfish Fishery of the BSAI. The FMPs were 
prepared by the North Pacific Fishery Management Council (Council) 
under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1801, et seq.) (Magnuson Act), and are implemented by regulations 
governing the U.S. groundfish fisheries at 50 CFR parts 672 and 675. 
General regulations that also pertain to U.S. fisheries are codified at 
50 CFR part 620.
    Management problems can arise that need to be addressed quicker 
than is feasible in the normal procedures provided by the Magnuson Act 
for FMP amendments and implementing regulations. Section 305(c) of the 
Magnuson Act authorizes the Secretary to issue emergency regulations to 
address such situations. Emergency regulations may remain in effect for 
90 days with a possible 90-day extension.
    At its September 1993 meeting, the Council requested NMFS to 
prepare a rulemaking that would implement several management measures 
to prevent some GOA trawl fisheries from taking a disproportionate 
amount of the GOA halibut bycatch limit established for the trawl 
fisheries, thus causing premature closure of other trawl fisheries. 
These proposed emergency measures were presented to the Council in 
September 1993 by GOA and BSAI trawl industry representatives as an 
alternative to controversial FMP amendments that were considered by the 
Council that would establish a super exclusive registration program for 
vessels participating in the GOA and BSAI groundfish fisheries.
    These alternative measures were intended to address the competition 
for the halibut bycatch limit established for the GOA trawl fisheries 
(Sec. 672.20(f)) and included (1) the establishment of two GOA trawl 
fishery categories that would be eligible to receive separate 
apportionments of the halibut bycatch limit, (2) revision of directed 
fishing standards to eliminate unnecessarily high halibut bycatch rates 
that can result from covert targeting on groundfish species for which 
directed fishing is closed, and (3) adjustment of the season opening 
date for the BSAI yellowfin sole and ``other flatfish'' fisheries from 
May 1 to January 20. The intent of the recommended season adjustment is 
to provide for additional fishing opportunities in the BSAI early in 
the year and reduce the incentive for trawl vessel operators to move 
from the BSAI to the GOA after the rock sole roe fishery is closed, 
typically by the end of February. NMFS intends to prepare a proposed 
rule and publish it in the Federal Register for public review and 
comment.
    At its December 1993 meeting, the Council requested NMFS to 
implement the above management measures immediately under an emergency 
interim rule, by less than a unanimous vote. This request was in 
response to new information from some affected fishermen about the 
management of GOA halibut bycatch and total allowable catch (TAC) 
amounts specified for thornyhead rockfish and Pacific ocean perch 
(POP).
    Several fishermen furnished information on practices of other 
fishermen in the affected fisheries that are inconsistent with 
conservation of Pacific halibut bycatch. This information was given in 
the form of testimony, which was presented to the Council orally and in 
writing. These are permissible means of constructing an administrative 
record to undergird the Council's determinations.
    Overfishing concerns exist for thornyhead rockfish and POP that 
will require conservative management of the TAC amounts specified for 
these species to avoid reaching overfishing levels and premature 
closure of other groundfish fisheries that take thornyhead rockfish or 
POP as bycatch. The Council heard concerns about the effect of 
premature trawl closures brought about from proposed halibut bycatch 
restrictions or overfishing on the GOA trawl fisheries and the 
communities that depend on them.
    Management measures to avert these problems must be implemented 
early in the fishing season to avoid serious problems affecting 
inseason monitoring and management of the thornyhead rockfish and POP 
TACs and the halibut bycatch limit established for GOA trawl fisheries.
    Implementing these measures under emergency interim rulemaking will 
provide immediate benefits to the public that outweigh the value of 
postponement for public review and comment. NMFS concurs with the 
Council's recommendation to implement the following measures by an 
emergency interim rule while a regulatory amendment is reviewed, which 
would put these measures in place.

    A. Establish two GOA trawl fishery categories for purposes of 
apportioning the GOA halibut bycatch limit established for the trawl 
gear fisheries (Sec. 672.20(f)). These two categories are the (1) 
shallow water fishery complex (the Alaska pollock, Pacific cod, Atka 
mackerel, shallow water flatfish, flathead sole, and ``other 
species'' trawl fisheries), and (2) the deep water fishery complex 
(the deepwater flatfish, rex sole, arrowtooth flounder, sablefish, 
and rockfish trawl fisheries);
    B. Revise the method for calculating retainable amounts of 
groundfish species under directed fishing standards (Secs. 672.20(h) 
and 675.20(i)). Revised methods will prohibit using retained amounts 
of arrowtooth flounder or groundfish species closed to directed 
fishing as a basis for calculating retainable amounts of other 
groundfish species that are closed to directed fishing; and
    C. Adjust the opening date for the BSAI yellowfin sole and 
``other flatfish'' fisheries from May 1 to January 20. As a result 
of this season adjustment, directed fishing standards governing 
retainable amounts of flatfish species at Sec. 675.20(h)(2) also are 
revised.

    A fuller description of, and justification for, each of these 
measures follow.

Establishment of Two GOA Trawl Categories for Purposes of Apportioning 
the Halibut Bycatch Mortality Limit

    Existing regulations at Sec. 672.20(f) establish a framework 
process for the annual specification of separate Pacific halibut 
prohibited species catch (PSC) limits for ``trawl'' and ``fixed gear'' 
fisheries, and for apportioning those limits by season. Although these 
regulations limit the bycatch of Pacific halibut in the GOA groundfish 
trawl fisheries, they have resulted in conflict among, and preemption 
of, groundfish trawling operations in the GOA as different trawl 
fishery components compete for shares of the available halibut PSC 
limit. This occurs due to seasonal variations in halibut bycatch rates 
and amounts experienced in the different trawl fisheries and the lack 
of trawl fishery categories in regulations that could receive separate 
apportionments of the halibut PSC limit.
    Under existing regulations, it is possible for the activities of 
one group of trawl vessels used to fish for a particular groundfish 
species or species complex to take a disproportionate amount of the 
halibut bycatch limit. This can cause the premature attainment of the 
halibut PSC limit and closure of all trawling operations in the GOA, 
except for trawling for pollock with pelagic trawl gear. Such closures 
may leave significant amounts of economically important TAC 
unharvested, idling vessels and crew, and disrupting processing and 
fishing support sectors, fishery dependent communities, and 
intermediate and final markets. Even if the total trawl PSC limit is 
not reached prematurely, the threat that at any point in time in the 
fishing year it may be, can force other user groups to incur 
unnecessary costs, alter fishing plans, or undertake inefficient or 
undesirable fishing decisions.
    Many of the potentially adverse impacts of the present framework 
process used to manage halibut bycatch in the GOA trawl fisheries would 
be avoided or reduced if the GOA trawl PSC limit is apportioned between 
competing fishery categories. Fishery data from the GOA trawl fisheries 
indicate that the variation in halibut bycatch rates and associated 
bycatch mortality in these fisheries appears to be relatively well 
demarcated by the following operational categories: (1) Those vessels 
fishing for species in the ``shallow water species complex'' (Alaska 
pollock, Pacific cod, shallow water flatfish, flathead sole, Atka 
mackerel, or ``other species''), and (2) those vessels fishing for 
species in the ``deep water species complex'' (sablefish, rockfish, 
deep water flatfish, and arrowtooth flounder). Although the Council's 
action on this management measure included the flathead sole fishery in 
the deep water complex, 1993 fishery data show that over 65 percent of 
the total GOA flathead sole harvest was associated with fisheries in 
the shallow water complex. Therefore, NMFS is including the flathead 
sole fishery in the shallow water complex. The shallow water and deep 
water complexes are associated with inshore and offshore trawl 
operations, respectively.
    Based on Council recommendations at its September and December 1993 
meetings, the emergency rule apportions the 1994 GOA halibut trawl PSC 
limit among fisheries and seasons as set forth below:
    Apportionment of the 2000 metric ton (mt) halibut bycatch mortality 
limit established for the 1994 GOA trawl fisheries among the shallow 
and deep water trawl fishery complexes and seasons. Seasons open and 
close at 12 noon, Alaska local time (A.l.t.), except that the first 
season opens at 00:01 hours, A.l.t., January 20, and the last season 
ends at 12 midnight, A.l.t., December 31. 

----------------------------------------------------------------------------------------------------------------
                                                          Shallow complex      Deep complex      Total (metric  
                        Season                             (metric tons)      (metric tons)          tons)      
----------------------------------------------------------------------------------------------------------------
Jan. 20-Mar. 31........................................                500                100                600
Mar. 31-Jun. 30........................................                100                300                400
Jun. 30-Sep. 30........................................                200                400                600
Sep. 30-Dec. 31........................................              (\1\)              (\1\)                400
----------------------------------------------------------------------------------------------------------------
\1\No apportionment.                                                                                            

    Attainment of a seasonal (quarterly) bycatch allowance by a fishery 
complex will result in directed fishing closures for each species 
within that fishery complex for the remainder of the quarter, except 
that when the halibut bycatch allowance, or seasonal apportionment 
thereof, specified for the shallow water complex is reached, directed 
fishing for pollock with pelagic trawl gear may continue subject to 
other regulatory provisions. Any overages or shortfalls of a quarterly 
bycatch allowance will be accounted for in the subsequent quarterly 
allowance.
    A detailed justification for the fishery and seasonal 
apportionments of the 1994 halibut PSC limit is described in the EA 
prepared for this management measure (see ADDRESSES). In summary, the 
apportionments implemented under this emergency rule reflect the 
recommendations presented to the Council at its September and December 
1993 meetings by an ad hoc industry working group responsible for 
developing this management measure. These apportionments are intended 
to accommodate seasonal bycatch requirements in a manner that optimizes 
the 1994 halibut PSC limit established for trawl gear relative to 
anticipated trawl fishing patterns and 1994 groundfish TACs.

Revision of the Methodology Used To Calculate Retainable Amounts of 
Groundfish Under Directed Fishing Standards

    The emergency rule amends Secs. 672.20(h) and 675.20(i) to address 
problems with the current regulatory provisions for calculation of 
``retainable'' bycatch amounts of groundfish species for which directed 
fishing is closed. Current regulations provide for an overly liberal 
computation of retainable amounts of groundfish bycatch species because 
the basis for bycatch retention inappropriately includes species not 
open for directed fishing. This compromises the intent of using 
directed fishing standards to restrict bycatch of species after 
directed fishery closures, effectively allowing unlimited bycatch 
retention.
    An associated concern exists that some vessel operators 
deliberately target on arrowtooth flounder only to provide a basis for 
retaining allowable amounts of high valued groundfish species for which 
directed fishing is closed. In this case, arrowtooth flounder is 
harvested solely for the purpose of providing ``directed catch'' 
against which ``retainable bycatch'' quantities may be calculated and 
accumulated. Subsequently, the arrowtooth flounder directed catch is 
discarded and only the economically valuable bycatch, authorized on the 
basis of the quantity of the arrowtooth harvest, are actually retained 
for processing. This practice effectively subverts the ``bycatch only'' 
intent of fishery closures and associated directed fishing standards at 
Secs. 672.20 and 675.20. Furthermore, trawl operations for arrowtooth 
flounder experience relatively high bycatch rates of halibut and 
contribute to the premature attainment of the halibut PSC limit, 
further aggravating the competition for halibut as bycatch in the 
Alaska trawl fisheries and increasing the potential for costly trawl 
fishery closures.

Adjustment of Season Opening Dates for the BSAI Flatfish Fisheries

    Under the emergency rule, the opening date for the yellowfin sole 
and ``other flatfish'' fisheries is adjusted from May 1 to January 20, 
the beginning of the trawl fishing year in the Bering Sea 
(Sec. 675.23(d)). The directed fishing standard for flatfish species 
(Sec. 675.20(h)(2)) is changed to accommodate this season change and 
allow sufficient bycatch amounts of rock sole, yellowfin sole, 
arrowtooth flounder, or ``other flatfish'' in the flatfish fisheries, 
while allowing for fishing operations to minimize the discard waste of 
these species. The proposed change to the directed fishing standard for 
these flatfish species also would establish species specific standards, 
rather than aggregate standards for all flatfish species closed to 
directed fishing. The intent of this action is to simplify directed 
fishing standards, and reduce discard waste by increasing the 
retainable amounts of flatfish species closed to directed fishing 
relative to other flatfish species that are open to directed fishing.
    The purpose of the season adjustment for the yellowfin sole and 
``other flatfish'' fisheries is to provide the BSAI trawl industry with 
viable fishing alternatives, reduce the need for, and likelihood of, 
significant movement of fishing capacity from the BSAI to the GOA, 
reduce competition for GOA halibut bycatch under the halibut bycatch 
restrictions established for the GOA trawl fisheries, and reduce the 
likelihood that displacement of Bering Sea trawl effort into the GOA 
may preempt fishing opportunities for GOA operations later in the 
fishing year by exhausting the GOA trawl halibut PSC limit, thus 
necessitating GOA-wide trawl closures. This action also will reduce the 
likelihood that bycatch amounts of GOA thornyhead rockfish and POP will 
reach overfishing levels, resulting in costly fishery closures.
    The original purpose for delaying directed fishing for yellowfin 
sole and ``other flatfish'' species until May 1 was to prevent the 
joint venture processing (JVP) and domestic annual processing (DAP) 
fisheries from taking a disproportionate share of their respective red 
king crab or halibut bycatch allowances established for Bycatch 
Limitation Zones 1 or 2H (defined at Sec. 675.2), before available 
amounts of yellowfin sole and other groundfish species were harvested. 
Early attainment of red king crab or halibut bycatch allowances because 
of high bycatch rates experienced in the early spring flatfish 
fisheries resulted in premature fishery closures that prevented 
available amounts of flatfish and other groundfish species from being 
harvested. Delaying the opening of the yellowfin sole and ``other 
flatfish'' fisheries until May 1 allowed the DAP fisheries to utilize 
the bulk of the available Zone 1 PSC limits in the rock sole and 
Pacific cod fisheries from January through April, optimizing their 
catch of allocated groundfish species.
    The flatfish fisheries have changed substantially since the May 1 
starting date was implemented. JVP fisheries no longer operate in the 
EEZ off Alaska. The domestic industry has developed profitable new 
markets for products from the ``other flatfish'' complex. In addition, 
the yellowfin sole and rock sole/``other flatfish'' fisheries are 
allocated separate bycatch allowances that may be seasonally 
apportioned to optimize the groundfish harvest within the established 
prohibited species bycatch restrictions.
    The May 1 opening date of the yellowfin sole and ``other flatfish'' 
fisheries now has the effect of preventing domestic fishermen from 
harvesting these resources at the beginning of the fishing year, when 
few other fishing opportunities exist. This has contributed, for 
example, to a situation in which the available TAC for the ``other 
flatfish'' complex has been underutilized in recent years. In 1991, 
only about 47 percent of the TAC for this species group was harvested. 
In 1992 and 1993, that figure dropped to 38 percent and 45 percent, 
respectively. While these resources have been underutilized, despite an 
expressed interest in accessing them at the beginning of the fishing 
year, retention of the May 1 opening has forced BSAI trawl fishermen to 
either move into the GOA deepwater flatfish fishery, which opens in 
January, or cease fishing until May 1.
    The rock sole fishery in the Bering Sea currently opens at the 
beginning of the fishing year to allow the lucrative ``roe'' fishery to 
be conducted. This fishery typically closes in late-February or early-
March when the rock sole are spawned out. Seasonal halibut bycatch 
restrictions can close other fisheries (e.g., Pacific cod during 1991 
and 1992), leaving, as noted above, few alternative fishing 
opportunities for the BSAI groundfish fleet. Flathead sole, one of the 
species in the Bering Sea ``other flatfish'' category, produce roe, 
which matures just after rock sole roe matures. Markets for roe-bearing 
flathead sole have emerged, making this fishery a natural extension of 
that for roe-bearing rock sole in the Bering Sea. Other markets for 
these flatfish species, including a domestic fillet market, are under 
development.
    Under the emergency rule, opening the BSAI yellowfin sole fishery 
and the ``other flatfish'' fishery at the beginning of the 1994 trawl 
season (January 20) will provide vessel operators fishing in the Bering 
Sea with the opportunity to participate in a potentially profitable, 
developing fishery. This opportunity is expected to reduce the need for 
vessels to move into the GOA trawl fisheries early in the fishing year, 
thus potentially decreasing pressure on the GOA halibut PSC limit, 
reducing the likelihood of rockfish bycatch amounts reaching 
overfishing levels in the GOA trawl fisheries, and diminishing the 
probability of preemption of existing GOA groundfish fisheries through 
early closure.
    NMFS concurs that the above regulatory measures must be implemented 
by emergency rulemaking to prevent overfishing of thornyhead rockfish 
and POP stocks and premature attainment of the halibut trawl PSC limit, 
thus reducing the likelihood of costly fishery closures. Such closures 
would result in significant direct economic loss to nearly all segments 
of the GOA trawl industry due to foregone groundfish harvests and 
closure of processing operations. Social costs associated with such 
closures include increased unemployment and reduced cash flow through 
business and communities that support and depend upon the GOA 
groundfish fisheries. Comments on this action are invited through 
February 25, 1994 (see ADDRESSES).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this rule is necessary to respond to an emergency 
situation and that it is consistent with the Magnuson Act and other 
applicable laws.
    This rule is not subject to review under E.O. 12866.
    The AA finds that the reasons justifying promulgation of this rule 
on an emergency basis also make it impracticable and contrary to the 
public interest to provide notice and opportunity for prior comment or 
to delay for 30 days its effective date under sections 553(b) and (d) 
of the Administrative Procedure Act. The management measures 
implemented under this emergency rule must be implemented as soon as 
possible to respond to testimony at the Council's September and 
December 1993 meetings concerning the developing competition between 
GOA trawl fisheries for the halibut bycatch mortality limit and the 
potential for overfishing of thornyhead rockfish and POP. This action 
is necessary to allocate the GOA halibut PSC limit between trawl 
fisheries, limit the influx of BSAI trawl effort into the GOA after the 
BSAI rock sole roe fishery ends in late February, and prevent an 
associated increase in thornyhead, POP, and halibut bycatch amounts. 
Decreased bycatch of these species under the emergency rule will 
diminish the potential for premature fishery closures, decrease 
foregone groundfish harvests, and increase fishery revenues under 
existing overfishing and halibut bycatch restrictions.
    This rule is exempt from the procedures of the Regulatory 
Flexibility Act, because it is issued without opportunity for prior 
public comment.
    This rule will be implemented in a manner that is consistent to the 
maximum extent practicable with the approved coastal management program 
of the State of Alaska. This determination has been submitted under 
section 307 of the Coastal Zone Management Act for review by the 
responsible State agency.
    An EA was prepared for the regulatory amendment that will follow 
this action (see ADDRESSES).

List of Subjects in 50 CFR Parts 672 and 675

    Fisheries, Recordkeeping and reporting.

    Dated: February 4, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set forth in the preamble, 50 CFR parts 672 and 675 
are amended as follows:

PART 672--GROUNDFISH OF THE GULF OF ALASKA

    1. The authority citation for part 672 continues to read as 
follows:

    Authority: 16. U.S.C. 1801 et seq.

    2. In Sec. 672.20, paragraphs (f)(1)(i) and (h)(1) are suspended 
from February 7, 1994 until May 11, 1994 and new paragraphs (f)(3) and 
(h)(3) are added from February 7, 1994 until May 11, 1994 as follows:


Sec. 672.20  General limitations.

* * * * *
    (f) * * *
    (3) Trawl gear fisheries.--(i) Apportionment of the Halibut PSC 
limit to Trawl gear fisheries. The halibut PSC limit for trawl gear 
specified under paragraph (f)(2) of this section is apportioned into 
bycatch allowances and seasonal apportionments thereof, specified in 
paragraph (f)(3)(iii) of this section, for fishery categories defined 
in paragraph (f)(3)(ii) of this section, based on each category's 
proportional share of the anticipated bycatch mortality of halibut 
during a fishing year and the need to optimize the amount of total 
groundfish harvested under the non-trawl halibut PSC limit. The sum of 
all halibut bycatch allowances will equal the halibut PSC limit 
specified at paragraph (f)(2) of this section.
    (ii) For purposes of apportioning the trawl halibut PSC limit among 
fisheries, the following fishery categories are specified and defined 
in terms of round-weight equivalents of those groundfish species for 
which a TAC has been specified under Sec. 672.20 (a) and (c):
    (A) Shallow water species fishery. Fishing with trawl gear during 
any weekly reporting period that results in a retained aggregate catch 
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka 
mackerel, and ``other species'' that is greater than the retained 
amount of any other groundfish species or species group.
    (B) Deep water species fishery. Fishing with trawl gear during any 
weekly reporting period that results in a retained catch of groundfish 
and is not a shallow water species fishery as defined under paragraph 
(f)(3)(ii)(A) of this section.
    (iii) 1994 emergency interim bycatch allowances and seasonal 
apportionments thereof. The halibut PSC limit specified for vessels 
using trawl gear under paragraph (f)(2) of this section is apportioned 
among trawl fishery categories and season under this paragraph (f)(3) 
as follows: 

----------------------------------------------------------------------------------------------------------------
                                                           Shallow water        Deep water                      
                         Season                           species complex    species complex     Total (metric  
                                                           (metric tons)      (metric tons)          tons)      
----------------------------------------------------------------------------------------------------------------
Jan. 20--Mar. 31.......................................                500                100                600
Mar. 31--Jun. 30.......................................                100                300                400
Jun. 30--Sep. 30.......................................                200                400                600
Sep. 30--Dec. 31.......................................              (\1\)              (\1\)               400 
----------------------------------------------------------------------------------------------------------------
\1\No apportionment.                                                                                            

    (iv) Attainment of a Pacific halibut trawl fishery bycatch 
allowance. If, during the fishing year, the Regional Director 
determines that U.S. fishing vessels participating in either of the 
trawl fishery categories listed in paragraphs (f)(3)(ii) (A) or (B) of 
this section will catch the Pacific halibut bycatch allowance, or 
seasonal apportionment thereof, specified for that fishery category in 
paragraph (f)(3)(iii) of this section, NMFS will close the entire Gulf 
of Alaska to directed fishing with trawl gear for each species and/or 
species group that comprises that fishery category, except that when 
the halibut bycatch allowance or seasonal apportionment thereof 
specified for the shallow water species fishery is reached, fishing for 
pollock by vessels using pelagic trawl gear may continue, consistent 
with other provisions of this part.
* * * * *
    (h) * * *
    (3) Calculations.--(i) In making any determination concerning 
directed fishing under paragraph (g) of this section, the amount or 
percentage of any species, species group or any fish or fish products 
will be calculated in round weight equivalents.
    (ii) Arrowtooth flounder or any groundfish species for which 
directed fishing is closed may not be used to calculate retainable 
amounts of other groundfish species under paragraph (g) of this 
section.
* * * * *

PART 675--GROUNDFISH FISHERY OF THE BERING SEA AND ALEUTIAN ISLANDS 
AREA

    3. The authority citations for 50 CFR part 675 continue to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    4. In Sec. 675.20, paragraphs (h)(2), (h)(6), and (i)(1) are 
suspended from February 7, 1994 until May 11, 1994, and new paragraphs 
(h)(7), (h)(8) and (i)(3) are added from February 7, 1994 until May 11, 
1994, as follows:


Sec. 675.20  General limitations.

* * * * *
    (h) * * *
    (7) Yellowfin sole, rock sole, arrowtooth flounder, or ``other 
flatfish''. The operator of a vessel is engaged in directed fishing for 
yellowfin sole, rock sole, arrowtooth flounder, or ``other flatfish'' 
if he retains at any time during a trip an amount of one of these 
species equal to or greater than 35 percent of the amount of the other 
respective species retained at the same time on the vessel during the 
same trip, plus 20 percent of any groundfish species other than 
yellowfin sole, rock sole, or ``other flatfish'' retained at the same 
time on the vessel during the same trip.
    (8) Other. Except as provided under paragraphs (h) (1) through (7) 
of this section, the operator of a vessel is engaged in directed 
fishing for a specific species or species group if he retains at any 
particular time during a trip that species or species group in an 
amount equal to or greater than 20 percent of the amount of all other 
fish species retained at the same time on the vessel during the same 
trip.
    (i) * * *
    (3) Calculations. (i) In making any determination concerning 
directed fishing under paragraph (h) of this section, the amount or 
percentage of any species, species group or any fish or fish products 
will be calculated in round weight equivalents.
    (ii) Arrowtooth flounder or any groundfish species for which 
directed fishing is closed may not be used to calculate retainable 
amounts of other groundfish species under paragraph (h) of this 
section.
* * * * *
    5. In Sec. 675.23, paragraph (c) is suspended from February 7, 1994 
until May 11, 1994 and new paragraph (f) is added from February 7, 1994 
until May 11, 1994, as follows:


Sec. 675.23  Seasons.

* * * * *
    (f) Directed fishing for arrowtooth flounder and Greenland turbot 
is authorized from 12 noon Alaska local time, May 1 through 12 
midnight, Alaska local time, December 31, subject to the other 
provisions of this part.

[FR Doc. 94-3054 Filed 2-7-94; 4:30 pm]
BILLING CODE 3510-22-P