[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3564]


[[Page Unknown]]

[Federal Register: February 16, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Parts 611, 675 and 676

[Docket No. 931100-4043; I.D. 110193D]

 

Foreign Fishing; Groundfish Fishery of the Bering Sea and 
Aleutian Islands; Limited Access Management of Federal Fisheries In and 
Off of Alaska

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

ACTION: Final 1994 initial specifications of groundfish and associated 
management measures; closures.

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

SUMMARY: NMFS announces final 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) during the 1994 fishing year. This 
action is necessary to establish harvest limits and associated 
management measures for groundfish during the 1994 fishing year. NMFS 
also is closing specified fisheries consistent with the final 1994 
groundfish specifications and fishery bycatch allowances of prohibited 
species. These measures are intended to conserve and manage the 
groundfish resources in the BSAI.

EFFECTIVE DATE: February 10, 1994 through 24:00 Alaska local time 
(A.l.t.) on December 31, 1994, or until changed by subsequent notice in 
the Federal Register. All closures to directed fishing are effective 
through 24:00 A.l.t. December 31, 1994.

ADDRESSES: Comments on directed fishing closures should be sent to 
Ronald J. Berg, Chief, Fisheries Management Division, Alaska Region, 
NMFS, P.O. Box 21668, Juneau, Alaska 99802-1668 (Attn: Lori Gravel). 
The final Environmental Assessment prepared for the 1994 TAC 
specifications may be obtained from the same address, or by calling 
907-586-7229. The final Stock Assessment and Fishery Evaluation (SAFE) 
report may be requested from the North Pacific Fishery Management 
Council, P.O. Box 103136, Anchorage, AK 99510 (907-271-2809).

FOR FURTHER INFORMATION CONTACT: Ellen R. Varosi, Fishery Management 
Biologist, NMFS, 907-586-7228.

SUPPLEMENTARY INFORMATION: Groundfish fisheries in the BSAI are 
governed by Federal regulations at 50 CFR part 675 that implement the 
Fishery Management Plan for the Groundfish Fishery of the BSAI (FMP). 
Other applicable regulations are found at 50 CFR 611.93 (foreign 
fishing) and 50 CFR part 676 (limited entry fisheries off of Alaska). 
The FMP was prepared by the North Pacific Fishery Management Council 
(Council) and approved by the Secretary of Commerce (Secretary) under 
the Magnuson Fishery Conservation and Management Act (Magnuson Act).
    The FMP and implementing regulations require the Secretary, after 
consultation with the Council, to specify annually the apportionments 
of prohibited species catch (PSC) limits among fisheries and seasons 
(Sec. 675.21(b)), the TAC, initial domestic annual harvest (DAH), and 
initial total allowable level of foreign fishing (TALFF) for each 
target species and the ``other species'' category (Sec. 675.20(a)(2)). 
The sum of the TACs must be within the optimum yield (OY) range of 1.4 
million to 2.0 million metric tons (mt) (Sec. 675.20(a)(2)). 
Specifications set forth in Tables 1-7 of this action satisfy these 
requirements. For 1994, the sum of TACs is 2,000,000 mt.
    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 17, 1993 (58 FR 
60584). Comments were invited through December 10, 1993. No written 
comments were received within the comment period. Verbal comments were 
received, and public consultation with the Council occurred during the 
Council meeting in Seattle, Washington, held December 6-10, 1993. 
Council recommendations and biological and economic data that were 
available at the Council's December meeting were considered in 
implementing the final 1994 specifications.
    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 1993 meetings. This 
information was compiled by the Council's BSAI Groundfish Plan Team and 
is presented in the final 1994 SAFE report for the BSAI groundfish 
fisheries, dated November 1993. 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 acceptable 
biological catch (ABC) for each species category.
    A summary of the preliminary ABCs for each species for 1994 and 
other biological data from the September 1993 draft SAFE report were 
provided in the discussion supporting the proposed 1994 specifications. 
The Plan Team's recommended ABCs were reviewed by the SSC, AP, and 
Council at their September 1993 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 1993. The revised ABC recommendations were 
again reviewed by the SSC, AP, and Council at their December 1993 
meetings. While the SSC endorsed most of the Plan Team's 
recommendations for 1994 ABCs set forth in the final SAFE report, the 
SSC recommended revisions to ABC amounts calculated for Bogoslof 
pollock, Greenland turbot, and Atka mackerel. The Council adopted the 
SSC's recommendations for the 1994 ABSs. The final ABCs, listed in 
Table 1, reflect harvest amounts that will not cause overfishing as 
defined in the FMP.

 Table 1.--Final 1994 Specifications of the Acceptable Biological Catch 
 (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC) Which Equal the 
 Domestic Annual Processing (DAP), And Overfishing Levels Of Groundfish 
           In The Bering Sea And Aleutian Islands Area.\1\\2\           
------------------------------------------------------------------------
                                                                 Over   
       Species            ABC          TAC      ITAC=DAP\3\    fishing  
                                                                level   
------------------------------------------------------------------------
Pollock:                                                                
    Bering Sea (BS).    1,330,000    1,330,000    1,130,500    1,590,000
    Aleutian Islands                                                    
     (AI)...........       56,600       56,600       48,110       60,400
    Bogoslof                                                            
     District.......       31,750        1,000          850       31,750
Pacific cod.........      191,000      191,000      162,350      228,000
Sablefish:                                                              
    BS..............          540          540          459          670
    AI..............        2,800        2,800        2,380        3,490
Atka mackerel TOTAL.      122,500       68,000       57,800      484,000
    Western AI......       53,900       10,000        8,500  ...........
    Central AI......       55,125       44,525       37,846  ...........
    Eastern AI, BS..       13,475       13,475       11,454  ...........
Yellowfin sole......      230,000      150,325      127,776      269,000
Rock sole...........      313,000       75,000       63,750      363,000
Greenland turbot....        7,000        7,000        5,950       24,800
    BS..............  ...........        4,667        3,967  ...........
    AI..............  ...........        2,333        1,983  ...........
Arrowtooth flounder.       93,400       10,000        8,500      130,000
Other flatfish\4\...      225,000       56,000       47,600      270,000
Pacific Ocean perch:                                                    
    BS..............        1,910        1,910        1,624        2,920
    AI..............       10,900       10,900        9,265       16,600
Other red                                                               
 rockfish:\5\                                                           
    BS..............        1,400        1,400        1,190        1,400
Sharpchin/Northern:                                                     
    AI..............        5,670        5,670        4,820        5,670
Shortraker/Rougheye:                                                    
    AI..............        1,220        1,220        1,037        1,220
Other rockfish:\6\                                                      
    BS..............          365          365          310          365
    AI..............          770          770          655          770
Squid...............        3,110        3,110        2,644        3,110
Other Species\7\....       27,500       26,390       22,432      141,000
        Totals......    2,656,435    2,000,000    1,700,000  ...........
------------------------------------------------------------------------
\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\Zero amounts of groundfish are specified for Joint Venture Processing
  (JVP) and Total Allowable Level of Foreign Fishing (TALFF).           
\3\Initial TAC (ITAC)=0.85 of TAC; initial reserve=TAC-ITAC=300,000 mt. 
\4\``Other flatfish'' includes all flatfish species except for Pacific  
  halibut (a prohibited species) and all other flatfish species that    
  have a separate specified TAC amount.                                 
\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.                                         

    The SSC's revisions to the ABCs recommended by the Plan Team for 
Bogoslof pollock, Greenland turbot and Atka mackerel are discussed 
below.

Bogoslof Pollock

    The Plan Team indicated in the final 1994 SAFE report that the 
current estimate of biomass of Aleutian Basin pollock (490,000 mt) is 
the best estimate, assuming that no recruitment to the stock has 
occurred and that natural mortality (M) is 0.2. Reassessment of the 
Bogoslof area hydroacoustic survey with new threshold levels of 
abundance has not changed previous conclusions that this stock has 
declined since 1988. The Plan Team assumed that no recruitment occurred 
in 1993 or will occur in 1994, and projected a biomass for 1994 of 
490,000 mt using M=.02. The Plan Team then calculated the F0.35 
exploitation rate of 0.26 to derive an ABC of 127,000. The SSC, 
however, adjusted the exploitation rate downward by 25 percent to 
select a ratio of current biomass to optimal biomass. This leads to an 
ABC of 31,750. Due to lack of recruitment predicted for 1993 and 1994, 
the Council recommended a TAC of 1,000 mt to provide for bycatch in 
other groundfish operations.

Greenland Turbot

    The Plan Team used a new stock synthesis model to estimate the ABC, 
which was updated with catch and survey data through October 1993. A 
more conservative exploitation rate of F0.40 and an increased 
slope survey catchability coefficient of 0.75 was selected. These 
adjustments resulted in a conservative ABC of 17,200 mt. Continued poor 
recruitment and stock abundance levels lead the SSC to recommend a 
continuation of the present 7,000 mt ABC for this species. The Council 
concurred with this recommendation and set the TAC at 7,000 for this 
species. The Council further recommended apportioning two-thirds of the 
Greenland turbot TAC (4,667 mt) to the eastern Bering Sea, and one-
third of the TAC (2,333 mt) to the Aleutian Islands in proportion to 
the biomass estimates in these areas. The Council's recommendation will 
spread fishing effort over a larger area.

Atka Mackerel

    The SSC accepted the Plan Team's 1994 estimate of ABC (245,000 mt), 
although it expressed concern that the time series of trawl surveys is 
short and inconsistent in coverage. The SSC also was apprehensive about 
possible environmental problems that may result from an increased catch 
of the magnitude implied by the Plan Team's estimate of 1994 ABC. Atka 
mackerel is a prey species of northern fur seals and Steller sea lions. 
During their migrations, northern fur seals (a depleted species) feed 
heavily on Atka mackerel as they move through the Aleutian passes. 
Given these concerns, the SSC recommended to continue its 1992 and 1993 
policy to phase in the Plan Team's estimate of ABC over a 6-year period 
by adopting the 1993 biomass estimate (816,000 mt) and raising the 
exploitation rate in steps. These incremental steps are as follows: 
(M)(1)/6 in 1992, (M)(2)/6 in 1993, (M)(3)/6 in 1994, (M)(4)/6 in 1995, 
(M)(5)/6 in 1996 and M in 1997. According to this schedule, the 
recommended ABC for 1994 is (0.30/2)(816,000)=122,500 mt. The main 
purpose of this approach is to postpone a large ABC increase until new 
survey estimates are available to evaluate the phase-in policy.
    Amendment 28 to the BSAI FMP became effective August 11, 1993 (58 
FR 37660, July 13, 1993). This amendment establishes three new 
management districts in the Aleutian Islands (AI) subarea (western, 
central, and eastern AI management districts) for the purpose of 
apportioning TAC of groundfish. The intent of this action is to improve 
TAC management, disperse fishing effort, and minimize the potential for 
undesirable effects of concentrated fishing effort. The Council 
recommended a 68,000 mt TAC for Atka mackerel in the BSAI in 1994. 
Based on the authority provided by Amendment 28, the Council 
recommended apportionment of the TAC for Atka mackerel among the AI 
management districts and the Bering Sea relative to survey biomass 
estimates: 10,000 mt in the western area; 44,525 mt in the central 
area; and 13,475 mt in the eastern area and Bering Sea combined.

TAC Specifications

    The Council developed its TAC recommendations (Table 1) 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. Each of the Council's recommended TACs for 
1994 is equal to or less than the final 1994 ABC for each species 
category. Therefore, NMFS finds that the recommended TACs are 
consistent with the biological condition of groundfish stocks. The 
final ABCs, TACs, ITACs, overfishing levels and initial apportionments 
of groundfish in the BSAI area for 1994 are given in Table 1 of this 
action. The apportionment of pollock TACs among fisheries and seasons 
is discussed below.

Apportionment of TAC

    As required by Secs. 675.20(a)(3) and 675.20(a)(7)(i), each 
species' TAC initially is reduced by 15 percent. The sum of these 15 
percent amounts is the reserve. 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.
    The initial TAC (ITAC) for each target species and the ``other 
species'' category at the beginning of the year, which is equal to 85 
percent of TAC, is then apportioned between the domestic annual harvest 
(DAH) category and the total allowable level of foreign fishing 
(TALFF). Each DAH amount is further apportioned between two categories 
of U.S. fishing vessels. The domestic annual processing (DAP) category 
includes U.S. vessels that process their catch on board or deliver it 
to U.S. fish processors. The joint venture processing (JVP) category 
includes U.S. fishing vessels working in joint ventures with foreign 
processing vessels authorized to receive catches in the U.S. exclusive 
economic zone.
    In consultation with the Council, the initial amounts of DAP and 
JVP are determined by the Director, Alaska Region, NMFS (Regional 
Director). Consistent with the final notice of 1991-1993 initial 
specifications, the Council recommended that 1994 DAP specifications be 
set equal to TAC and that zero amounts of groundfish be allocated to 
JVP and TALFF. In making this recommendation, the Council considered 
the capacity of DAP harvesting and processing operations and 
anticipated that 1994 DAP operations will harvest the full TAC 
specified for each BSAI groundfish species category.

Apportionment of the Pollock TAC to the Inshore and Offshore Components 
and to the Western Alaska Community Development Quota

    Regulations at Sec. 675.20(a)(2)(iii) require that the 1994 pollock 
ITAC 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 
(Table 2). Definitions of these components are found at Sec. 675.2.

       Table 2.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TACs1,2       
----------------------------------------------------------------------------------------------------------------
                                                                                   Roe                          
                      Subarea                            TAC        ITAC\3\     season\4\    Non-roe season\5\  
----------------------------------------------------------------------------------------------------------------
Bering Sea:                                                                                                     
    Inshore........................................  ...........      395,675      178,054  217,621.            
    Offshore.......................................  ...........      734,825      330,671  404,154.            
                                                       1,330,000    1,130,500      508,725  621,775.            
Aleutian Islands:                                                                                               
    Inshore........................................  ...........       16,838       16,838  Remainder.          
    Offshore.......................................  ...........       31,272       31,272  Remainder.          
                                                          56,600       48,110       48,110  Remainder.          
Bogoslof:                                                                                                       
    Inshore........................................  ...........          298          298  Remainder.          
    Offshore.......................................  ...........          552          552  Remainder.          
                                                           1,000          850          850  Remainder.          
----------------------------------------------------------------------------------------------------------------
\1\TAC=total allowable catch.                                                                                   
\2\Based on an offshore component allocation of 0.65(TAC) and an inshore component allocation of 0.35(TAC).     
\3\ITAC=initial TAC=0.85 of TAC;                                                                                
\4\January 1 through April 15--based on a 45/55 split (roe=45%).                                                
\5\August 15 through December 31--based on a 45/55 split (non-roe=55%).                                         

    Regulations at Sec. 675.20(a)(3)(ii) require one-half of the 
pollock TAC to be placed in the reserve for each subarea or district, 
or 7.5 percent of each TAC to be assigned to a Community Development 
Quota (CDQ) reserve for each subarea or district. Given the 1994 
pollock TACs specified in Table 1, the 1994 CDQ reserve amounts for 
each subarea is as follows: 

------------------------------------------------------------------------
                                                                Pollock 
                        BSAI subarea                            CDQ (mt)
------------------------------------------------------------------------
Bering Sea...................................................     99,750
Aleutian Islands.............................................      4,245
Bogoslof.....................................................         75
------------------------------------------------------------------------

    Under regulations governing the CDQ program at Sec. 675.27, NMFS 
may allocate the 1994 pollock CDQ reserves to eligible Western Alaska 
communities or groups of communities that have an approved community 
development plan (CDP). The Secretary has approved six CDP's and 
associated percentages of the CDQ reserve for each CDP recipient for 
1994 (58 FR 61031, November 19, 1993). Table 3 lists the approved CDP 
recipients, and each recipient's allocation of the 1994 pollock CDQ 
reserve for each subarea.

   Table 3.--Approved Shares (%'s) and Resulting Allocations and Seasonal Allowances (Metric Tons) of the 1994  
 Pollock CDQ Reserve Specified for the Bering Sea (BS), Aleutian Islands (AI), and Bogoslof (BF) Subareas Among 
                                             Approved CDP Recipients                                            
----------------------------------------------------------------------------------------------------------------
                                                                                                    Roe season  
                      CDP Recipient                          Percent     Area       Allocation      allowance1  
----------------------------------------------------------------------------------------------------------------
Aleutian Pribilof Island Community Development Assn.......        18  BS                  17,955           8,080
                                                                      AI                     764             344
                                                                      BF                      14               6
                                                                                 -------------------------------
  Total...................................................  ........  ..........          18,733           8,430
                                                                                 ===============================
Bristol Bay Economic Development Assn.....................        20                                            
                                                                      BS                  19,950           8,977
                                                                      AI                     849             382
                                                                      BF                      15               7
                                                                                 -------------------------------
  Total...................................................  ........  ..........          20,814           9,366
                                                                                 ===============================
Central Bering Sea Fishermen's Assn.......................         8  BS                   7,980           3,591
                                                                      AI                     340             153
                                                                      BF                       6               3
                                                                                 -------------------------------
  Total...................................................  ........  ..........           8,326           3,747
                                                                                 ===============================
Coastal Villages Fishing Coop.............................        27  BS                  26,933          12,120
                                                                      AI                   1,146             516
                                                                      BF                      20               9
                                                                                 -------------------------------
  Total...................................................  ........  ..........          28,099          12,645
                                                                                 ===============================
Norton Sound Economic Development Corp....................        20  BS                  19,950           8,977
                                                                      AI                     849             382
                                                                      BF                      15               7
                                                                                 -------------------------------
  Total...................................................  ........  ..........          20,814           9,366
                                                                                 ===============================
Yukon Delta Fisheries Development Assn....................         7  BS                   6,982           3,142
                                                                      AI                     297             134
                                                                      BF                       5               2
                                                                                 -------------------------------
  Total...................................................  ........  ..........           7,284           3,278
                                                                                 ===============================
    Total.................................................       100  ..........         104,070         46,832 
----------------------------------------------------------------------------------------------------------------
\1\No more than 45 percent of a CDP recipient's 1994 pollock allocation may be harvested during the pollock roe 
  season, January 1 through April 15.                                                                           

Seasonal Allowances of Pollock TAC

    Under Sec. 675.20(a)(2)(ii), the ITAC of pollock for each subarea 
or district of the BSAI area is divided, after subtraction of reserves 
(Sec. 675.20(a)(3)), into two allowances. The first allowance will be 
available for directed fishing from January 1 to April 15 (roe season). 
The second allowance will be available from August 15 through the end 
of the fishing year (non-roe season).
    The Council recommended that the 1994 seasonal allowances of 
pollock be set at the same relative levels as in 1993 with 45 percent 
of the pollock ITAC specified for each management subarea or district 
during the roe season and 55 percent during the non-roe season (Table 
2). Although the Council is authorized under Sec. 675.20(a)(7)(ii) to 
recommend seasonal allowances of the 1994 CDQ pollock reserve, it did 
not take such action at its December 1993 meeting. Therefore NMFS is 
limiting the 1994 fishery to 45 percent of the CDQ reserve during the 
roe season, consistent with the seasonal split recommended by the 
Council for the inshore/offshore pollock fisheries.
    When specifying seasonal allowances of the pollock TAC, the Council 
and the Secretary consider the following nine factors as specified in 
section 14.4.10 of the FMP:
    1. Estimated monthly pollock catch and effort in prior years;
    2. Expected changes in harvesting and processing capacity and 
associated pollock catch;
    3. Current estimates of, and expected changes in, pollock biomass 
and stock conditions; conditions of marine mammal stocks; and biomass 
and stock conditions of species taken as bycatch in directed pollock 
fisheries;
    4. Potential impacts of expected seasonal fishing for pollock on 
pollock stocks, marine mammals, and stocks and species taken as bycatch 
in directed pollock fisheries;
    5. The need to obtain fishery data during all or part of the 
fishing year;
    6. Effects on operating costs and gross revenues;
    7. The need to spread fishing effort over the year, minimize gear 
conflicts, and allow participation by various elements of the 
groundfish fleet and other fisheries;
    8. Potential allocative effects among users and indirect effects on 
coastal communities; and
    9. Other biological and socioeconomic information that affects the 
consistency of seasonal pollock harvests with the goals and objectives 
of the FMP.
    A discussion of these factors relative to the roe and non-roe 
seasonal allowances (45 and 55 percent of the TAC, respectively) was 
contained in the final 1993 specifications for BSAI groundfish (58 FR 
8703, February 17, 1993). Considerations under these factors remain 
unchanged from 1993 given that the relative seasonal allowances for 
1993 and 1994 are the same.

Apportionment of Pollock TAC to the Non-Pelagic Trawl Gear Fishery

    Regulations under Sec. 675.24(c)(2) authorize the Secretary, in 
consultation with the Council, to limit the amount of pollock TAC that 
may be taken in the directed fishery for pollock using non-pelagic 
trawl gear. This authority is intended to reduce the amount of halibut 
and crab bycatch that occurs in non-pelagic trawl operations.
    Regulations were implemented during 1993 to more effectively limit 
the bycatch of halibut and crab when directed fishing for pollock with 
non-pelagic trawl gear is closed (58 FR 39680, July 26, 1993). Given 
these regulatory constraints, the Council did not recommend limiting 
the amount of pollock TAC that may be taken in the 1994 directed 
fishery for pollock by vessels using non-pelagic trawl gear. NMFS 
concurs in the Council's recommendation, and no limit on the amount of 
pollock TAC that may be taken in the directed fishery for pollock using 
non-pelagic trawl gear is specified.

Allocation of the Pacific Cod TAC

    At its June 1993 meeting, the Council adopted Amendment 24 to the 
FMP, which authorizes fixed allocations of the Pacific cod TAC among 
vessels using trawl gear, hook-and-line gear or pot gear, and jig gear. 
A final rule implementing Amendment 24 was published in the Federal 
Register on January 28, 1994 (59 FR 4009). That final rule specifies 
gear allocations of the 1994 Pacific cod TAC and seasonal 
apportionments of the amount of Pacific cod TAC allocated to vessels 
using hook-and-line or pot gear.

Sablefish Gear Allocation

    Regulations under Sec. 675.24(c)(1) require that sablefish TACs for 
the Bering Sea and Aleutian Islands subareas be divided between trawl 
and hook-and-line/pot gear fisheries. Gear allocations of TACs are 
specified 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 (Table 4). 

                                Table 4.--1994 Gear Shares of BSAI Sablefish TAC                                
----------------------------------------------------------------------------------------------------------------
                                                                                                       Share of 
              Subarea                                Gear                   Percent of    Share of       ITAC   
                                                                               TAC       TAC (mt)      (mt)\1\  
----------------------------------------------------------------------------------------------------------------
Bering Sea\2\.......................  Trawl..............................           50          270          230
                                      Hook-and-line/pot gear.............           50          270          229
Aleutian Islands....................  Trawl..............................           25          700          595
                                      Hook-and-line/pot gear.............           75        2,100       1,785 
----------------------------------------------------------------------------------------------------------------
\1\Initial TAC (ITAC)=0.85 of TAC, rounded to the nearest whole mt; 0.15 of TAC is apportioned to reserve. The  
  sum of both ITAC gear shares in a subarea is equal to the ITAC for that subarea in Table 1.                   
\2\Includes Bogoslof district.                                                                                  

Allocation of Prohibited Species Catch (PSC) Limits for Crab, Halibut, 
and Herring

    PSC limits of red king crab and C. bairdi Tanner crab in Bycatch 
Limitation Zones (50 CFR 675.2) of the Bering Sea subarea, and for 
Pacific halibut throughout the BSAI area are specified under 
Sec. 675.21(a). At this time, the 1994 PSC limits are:

--200,000 red king crabs for Zone 1 trawl fisheries;
--one million C. bairdi Tanner crabs for Zone 1 trawl fisheries;
--three million C. bairdi Tanner crabs for Zone 2 trawl fisheries;
--3,775 mt mortality of Pacific halibut for the BSAI trawl fisheries;
--900 mt mortality of Pacific halibut for BSAI non-trawl fisheries; and
--1,962 mt Pacific herring for BSAI trawl fisheries.

    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. The best estimate of 1994 herring biomass 
is 196,229 mt. This amount was derived using 1993 survey data and an 
aged structured biomass projection model developed by the Alaska 
Department of Fish and Game (ADF&G). Complete analysis of the 1993 
spawning data was provided by the ADF&G at the Council's December 1993 
meeting. Therefore, the herring PSC limit for 1994 is 1,962 mt.
    Regulations under Sec. 675.21(b) authorize the apportionment of 
each PSC limit into bycatch allowances for specified fishery 
categories. Regulations at Sec. 675.21(b)(1)(iii) specify seven fishery 
categories (midwater pollock, Greenland turbot/arrowtooth flounder/
sablefish, rock sole/other flatfish, yellowfin sole, rockfish, Pacific 
cod, and bottom pollock/Atka mackerel/``other species''). Regulations 
at Sec. 675.21(b)(2) authorize the apportionment of the non-trawl 
halibut PSC limit among three fishery categories (Pacific cod hook-and-
line fishery, groundfish pot gear fishery, and other non-trawl 
fisheries). The PSC allowances are listed in Table 5. In general, the 
fishery bycatch allowances listed in Table 5 reflect the 
recommendations made to the Council by its AP. These recommendations 
were based on 1993 bycatch amounts, anticipated 1994 harvest of 
groundfish by trawl gear and fixed gear, anticipated changes in fishery 
bycatch needs pending approval of a final rule implementing Amendment 
24, and assumed halibut mortality rates in the different groundfish 
fisheries based on analyses of 1991-1993 observer data.
    In 1993, NMFS exempted groundfish pot gear fisheries from halibut 
bycatch restrictions in Amendment 21 to the FMP (March 18, 1993, 58 FR 
14524). During 1993, the halibut mortality associated with this 
groundfish catch was 2.5 mt, based on an assumed halibut mortality rate 
of 5 percent. The Council recommended continuing to exempt groundfish 
pot gear fisheries from halibut bycatch restrictions during the 1994 
fisheries.

 Table 5.--Final 1994 Prohibited Species Bycatch Allowances for the BSAI
                      Trawl and Non-Trawl Fisheries                     
------------------------------------------------------------------------
                                        Zone 1      Zone 2     BSAI-wide
------------------------------------------------------------------------
Trawl fisheries:                                                        
  Red king crab, number of animals:                                     
    Yellowfin sole..................      40,000  ..........  ..........
    Rcksol/oth.flat\1\..............     110,000  ..........  ..........
    Turb/arrow/sab\2\...............           0  ..........  ..........
    Rockfish........................           0  ..........  ..........
    Pacific cod.....................      10,000  ..........  ..........
    Plck/Atka/othr\3\...............      40,000  ..........  ..........
                                     ------------                       
      Total.........................     200,000  ..........  ..........
  C. bairdi Tanner crab, number of                                      
   animals:                                                             
    Yellowfin sole..................     175,000   1,275,000  ..........
    Rcksol/oth.flat.................     475,000     260,000  ..........
    Turb/arrow/sabl.................           0       5,000  ..........
    Rockfish........................           0      10,000  ..........
    Pacific cod.....................     175,000     200,000  ..........
    Plck/Atka/othr..................     175,000   1,250,000  ..........
                                     ------------------------           
      Total.........................   1,000,000   3,000,000  ..........
  Pacific halibut, mortality (mt):                                      
    Yellowfin sole..................  ..........  ..........         592
    Rcksol/oth.flat.................  ..........  ..........         688
    Turb/arrow/sabl.................  ..........  ..........         137
    Rockfish........................  ..........  ..........         201
    Pacific cod.....................  ..........  ..........       1,200
    Plck/Atka/othr..................  ..........  ..........         957
                                                             -----------
      Total.........................  ..........  ..........       3,775
  Pacific herring, mt:                                                  
    Midwater pollock................  ..........  ..........       1,419
    Yellowfin sole..................  ..........  ..........         332
    Rcksol/oth.flat.................  ..........  ..........           0
    Turb/arrow/sabl.................  ..........  ..........           0
    Rockfish........................  ..........  ..........           8
    Pacific cod.....................  ..........  ..........          25
    Plck/Atka/othr\4\...............  ..........  ..........         178
                                                             -----------
      Total.........................  ..........  ..........       1,962
Non-trawl fisheries:                                                    
  Pacific halibut, mortality (mt):                                      
    Pacific Cod.....................  ..........  ..........         725
    Other non-trawl.................  ..........  ..........         175
    Groundfish Pot Gear.............  ..........  ..........       (\5\)
                                                             -----------
      Total.........................  ..........  ..........         900
------------------------------------------------------------------------
\1\Rock sole and other flatfish fishery category.                       
\2\Greenland turbot, arrowtooth flounder, and sablefish fishery         
  category.                                                             
\3\Pollock, Atka mackerel, and ``other species'' fishery category.      
\4\Pollock other than midwater pollock, Atka mackerel, and ``other      
  species'' fishery category.                                           
\5\Exempt.                                                              

Seasonal Apportionments of PSC Limits

    Regulations at Sec. 675.21(b)(3) authorize the Secretary, after 
consultation with the Council, to establish seasonal apportionments of 
prohibited species bycatch allowances among the fisheries to which 
bycatch has been apportioned. Under Sec. 675.21(b)(3), the basis for 
any such apportionment must be based on the following types of 
information:
    1. Seasonal distribution of prohibited species;
    2. Seasonal distribution of target groundfish species relative to 
prohibited species distribution;
    3. Expected prohibited species bycatch needs on a seasonal basis 
relevant to change in prohibited species biomass and expected catches 
of target groundfish species;
    4. Expected variations in bycatch rates throughout the fishing 
year;
    5. Expected changes in directed groundfish fishing seasons;
    6. Expected start of fishing effort; or
    7. Economic effects of establishing seasonal prohibited species 
apportionments on segments of the target groundfish industry.
    At its December 1993 meeting, the Council recommended that the 
halibut bycatch allowances listed in Table 5 be seasonally apportioned 
as shown in Table 6, for yellowfin sole, rock sole/other flatfish, 
rockfish, and pollock/Atka mackerel/''other species'' fishery 
categories. The recommended seasonal apportionments reflect 
recommendations made to the Council by its AP.
    The AP recommended seasonal apportionments of the halibut bycatch 
allowances specified for the yellowfin sole, and rocksole/other 
flatfish fishery categories in anticipation of a 1994 rulemaking that 
would adjust the season opening date for the BSAI yellowfin sole and 
``other flatfish'' fisheries from May 1 to January 20. At its December 
1993 meeting, the Council recommended that this action be implemented 
early in 1994 under an emergency interim rule. The intent of the 
recommended season adjustment is to provide 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 Gulf of Alaska 
after the rock sole roe fishery is closed, typically by the end of 
February.
    The AP recommended that 20 percent of halibut bycatch be 
apportioned to the rockfish fishery during the periods January 20 
through April 1, and July 1 to December 31, and that 60 percent of the 
halibut bycatch be apportioned during the period April 1 through July 
1. The AP's recommendation was intended to provide a greater 
opportunity for participants in this fishery to more fully harvest TAC 
amounts of all rockfish species within these recommended halibut 
bycatch apportionments.
    The AP's 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 
ITAC recommended for the roe and non-roe seasons, and the assumption 
that most of the pollock taken during the roe season will be taken with 
pelagic trawl gear with reduced halibut bycatch rates.
    The AP recommended a seasonal apportionment of the halibut bycatch 
allowance specified for the Pacific cod hook-and-line gear fishery 
based on:
    (1) Anticipation that the proposed allocation of Pacific cod TAC 
among gear groups under Amendment 24 will be approved;
    (2) Most of the hook-and-line gear effort for Pacific cod will 
occur during the first half of 1994; and
    (3) The Council's desire to limit a hook-and-line fishery for 
Pacific cod during summer months when halibut bycatch rates are high.
    NMFS approves the Council's recommendations for prohibited species 
bycatch allowances and seasonal apportionments. The seasonal 
apportionments of the halibut bycatch allowances are intended to 
increase the harvest of the groundfish OY by providing for directed 
groundfish fisheries when catches per unit of effort are high and 
corresponding halibut species bycatch rates are relatively low.

   Table 6.--Final Seasonal Apportionments of the 1994 Pacific Halibut  
   Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries. All   
Allowances and Apportionments Other Than Those on January 1 and December
           31 Begin and End at 12:00 Noon, Alaska Local Time            
------------------------------------------------------------------------
                                                               Seasonal 
                                                                bycatch 
                          Fishery                             allowances
                                                                  (mt   
                                                               halibut) 
------------------------------------------------------------------------
Trawl Gear:                                                             
  Yellowfin sole                                                        
    Jan. 20-Aug. 02.........................................         230
    Aug. 02-Dec. 31.........................................         362
                                                             -----------
      Total.................................................         592
  Rock sole/``other flatfish''                                          
    Jan. 20-Mar. 29.........................................         428
    Mar. 29-Jun. 28.........................................         180
    Jun. 28-Dec. 31.........................................          80
                                                             -----------
      Total.................................................         688
  Turbot/arrowtooth flounder/sablefish.                                 
                                                             -----------
    Total...................................................         137
  Rockfish                                                              
    Jan. 20-Apr. 01.........................................          40
    Apr. 01-Jul. 01.........................................         120
    Jul. 01-Dec. 31.........................................          41
                                                             -----------
      Total.................................................         201
  Pacific cod                                                           
    Jan. 20-Dec. 31.........................................       1,200
      Total.................................................       1,200
    Pollock/Atka mackerel/ ``other species''................            
    Jan. 20-Apr. 15.........................................         430
    Apr. 15-Dec. 31.........................................         527
                                                             -----------
      Total.................................................         957
Total Trawl Halibut Mortality...............................       3,775
Non-Trawl Gear:                                                         
  Pacific cod2                                                          
    Jan. 01-Apr. 30.........................................         685
    Apr. 30-Aug. 31.........................................          40
    Aug. 31-Dec. 31.........................................         (3)
                                                             -----------
      Total.................................................         725
Other Non-trawl.............................................         175
Groundfish pot..............................................         (4)
Total Non-trawl Halibut Mortality...........................        900 
------------------------------------------------------------------------
\2\Pending approval of Amendment 24, Pacific cod will be apportioned    
  among three 4-month periods for 1994.                                 
\3\Remainder.                                                           
\4\Exempt.                                                              

    For purposes of monitoring the fishery halibut bycatch mortality 
allowances specified in Table 6, the Regional Director will use 
observed halibut bycatch rates and reported and observed groundfish 
catch to project when a fishery's halibut bycatch mortality allowance 
is reached. The Regional Director monitors the fishery bycatch 
mortality allowances using assumed mortality rates that are based on 
the best information available, including that contained in the final 
annual SAFE report.
    Assumed halibut mortality rates for halibut bycatch in 1994 are 
listed in Table 7. These rates are similar to those used in 1993 and 
reflect mandatory careful release measures implemented during 1993 for 
the hook-and-line gear fisheries (58 FR 28799, May 17, 1993). The 
derivation of mortality rates assumed for the trawl fishery is 
discussed in the preamble to the final rule implementing halibut 
bycatch mortality limits (58 FR 14524, March 18, 1993). Assumed rates 
for the hook-and-line gear fishery are explained in the rule 
implementing careful release procedures. Analysis of 1992 and 1993 
observer data suggest that mortality rates for the hook-and-line gear 
fishery generally continue to reflect 1993 assumed rates. The assumed 
mortality rates listed in Table 7 reflect recommendations by the 
Council after review of the International Pacific Halibut Commission 
and SSC recommendations. NMFS concurs with the Council's 
recommendations as the best available information for 1994. 

Table 7.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
                              During 1994                               
------------------------------------------------------------------------
                                                   Observed   Unobserved
                                                    vessels     vessels 
                                                  (percent)    (percent)
------------------------------------------------------------------------
Hook-and-Line Gear Fisheries:                                           
  BSAI Pacific cod..............................        12.5        15.0
  BSAI Other Hook-and-line......................        12.5        15.0
Trawl Gear Fisheries (Assumed Mortality rates                           
 are unchanged from 1993):                                              
  Midwater pollock..............................  ..........        80.0
  Atka mackerel, rock sole, yellowfin sole,                             
   other flatfish...............................  ..........        70.0
  Pacific cod, bottom pollock, rockfish.........  ..........        60.0
  Arrowtooth, Greenland turbot, sablefish, other                        
   species......................................  ..........        40.0
Pot Gear Fisheries..............................  ..........         5.0
------------------------------------------------------------------------

Groundfish PSC Limits

    No PSC limits for groundfish species are specified in this action. 
Section 675.20(a)(6) authorizes NMFS to specify PSC limits for 
groundfish species or species groups for which the TAC will be 
completely harvested by domestic fisheries. These PSC limits apply only 
to JVP or TALFF fisheries. At this time, no groundfish are allocated to 
either JVP or TALFF and specifications of groundfish PSC limits are 
unnecessary.

Closures to Directed Fishing

    Fishing for groundfish in the Bering Sea and Aleutian Islands is 
authorized from January 1 through December 31, with the following 
exceptions (Sec. 675.23):
    (1) Directed fishing for yellowfin sole, ``other flatfish,'' 
arrowtooth flounder, and turbot is authorized from May 1, 1994 to 
December 31, 1994, subject to the other provisions in the BSAI 
regulations;
    (2) Fishing for groundfish with trawl gear in the BSAI is 
prohibited until January 20, 1994;
    (3) Directed fishing for pollock by the inshore and offshore 
components, defined at Sec. 675.2, is authorized from January 1, 1994, 
through April 15, 1994, and August 15, 1994, through the end of the 
fishing year;
    (4) Directed fishing for pollock under the Western Alaska Community 
Development Quota Program is authorized from January 1, 1994, through 
the end of the fishing year (Sec. 675.23(e)); and
    (5) Directed fishing with trawl gear in Zone 1 for rockfish, 
Greenland turbot, arrowtooth flounder and sablefish is closed as there 
is no PSC to support this fishery (Table 5).
    In addition to these regulatory closures, the Council and NMFS 
annually recommend closures to directed fishing for species needed as 
bycatch amounts in other directed fisheries. A principal consideration 
for the Council in developing its 1994 TAC recommendations was ensuring 
that the sum of the species TACs did not exceed the maximum OY of 2 
million mt. After consideration of the amount of each species category 
TAC that is required for bycatch in other directed fisheries, the 
Council and NMFS recommended that TAC amounts specified for the 
following species be closed to directed fishing: (1) Pacific ocean 
perch in the Bering Sea; (2) other red rockfish in the Bering Sea; (3) 
shortraker/rougheye in the Aleutian Islands; (4) other rockfish in the 
Bering Sea and Aleutian Islands; (5) arrowtooth flounder in the BSAI; 
and (6) pollock in the Bogoslof district. Species or species groups 
identified in Table 8 will be necessary as incidental catch to support 
other anticipated groundfish fisheries and TAC amounts for these 
species will be used for bycatch purposes only. If NMFS determines the 
full TAC amount will not be used as bycatch, NMFS may open a directed 
fishery for that species.

    Table 8.--Closures to Directed Fishing Under 1994 Interim TACs\1\   
------------------------------------------------------------------------
        Fishery (all gear)                       Closed area            
------------------------------------------------------------------------
Pollock in Bogoslof District.......  Statistical Area 518.              
Pacific ocean perch................  Bering Sea.                        
Shortraker/rougheye rockfish.......  AI.                                
Other rockfish\2\..................  BSAI.                              
Other red rockfish\3\..............  Bering Sea.                        
Rockfish, Greenland turbot/          Zone 1.                            
 arrowtooth/sablefish.                                                  
Arrowtooth.........................  BSAI.                              
------------------------------------------------------------------------
\1\These closures to directed fishing are in addition to closures and   
  prohibitions found in regulations at 50 CFR Part 675.                 
\2\In the BSAI, ``Other rockfish'' includes Sebastes and Sebastolobus   
  species except for Pacific ocean perchand the ``other red rockfish''  
  species.                                                              
\3\``Other red rockfish'' includes shortraker, rougheye, sharpchin and  
  northern.                                                             

Expiration of Interim 1994 Specifications

    Regulations under Sec. 675.20 (a)(7)(i) authorize one-fourth of 
each ITAC and apportionment thereof, one-fourth of each PSC allowance, 
and the first 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 for 1994. The final 1994 initial groundfish 
harvest specifications and prohibited species bycatch allowances 
implemented under this action supersede the interim 1994 specifications 
published in Tables 1 and 4 of the proposed specifications (58 FR 
60584, November 17, 1993).

Response to Comments

    Written comments on the proposed 1994 specifications and other 
management measures were requested through December 10, 1993. No 
written comments were received.

Classification

    This action is authorized under 50 CFR 611.93(b), 675.20, and 676; 
and is covered by the regulatory flexibility analysis prepared for the 
implementing regulations.
    A draft environmental assessment (EA) on the allowable harvest 
levels set forth in the final 1994 SAFE report was available for public 
review at the December 6-10, 1993, Council meeting. A final EA was 
prepared on the final 1994 TAC amounts recommended by the Council.
    Consultation pursuant to section 7 of the Endangered Species Act 
was conducted for the 1994 BSAI initial specifications and concluded 
that the fishing activities conducted will not impact endangered or 
threatened marine mammal species in any manner not already evaluated in 
previous formal consultations.

List of Subjects

50 CFR Part 611

    Fisheries, Foreign relations, Reporting and recordkeeping 
requirements.

50 CFR Parts 675 and 676

    Fisheries, Reporting and recordkeeping requirements.

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

    Dated: February 10, 1994.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.
[FR Doc. 94-3564 Filed 2-10-94; 4:53 pm]
BILLING CODE 3510-22-P