[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: 94-3565]


[[Page Unknown]]

[Federal Register: February 16, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611, 672, and 676

[Docket No. 940242-4042; I.D. 110193B]

 

Foreign Fishing; Groundfish of the Gulf of Alaska; 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 specifications of groundfish and associated 
management measures; closures; request for comments.

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SUMMARY: NMFS announces final 1994 harvest specifications for Gulf of 
Alaska (GOA) groundfish and associated management measures. This action 
is necessary to establish harvest limits and associated management 
measures for groundfish during the 1994 fishing year. NMFS is also 
closing specified fisheries consistent with the final 1994 groundfish 
specifications. These measures are intended to carry out management 
objectives contained in the Fishery Management Plan (FMP) for 
Groundfish of the GOA.

DATES: Effective February 10, 1994 through 24:00 Alaska local time 
(A.l.t.), December 31, 1994. All closures to directed fishing are 
effective through 24:00 A.l.t., December 31, 1994. Comments are invited 
on the apportionments of reserves on or before 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, AK 99802-1668. Copies of the Environmental 
Assessment (EA) for 1994 Total Allowable Catch Specifications for the 
GOA, dated February 1994, may be obtained from the above address. The 
Final Stock Assessment and Fishery Evaluation Report (SAFE report), 
dated November 1993, is available from the North Pacific Fishery 
Management Council, P.O. Box 103136, Anchorage, Alaska 99510.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, NMFS, (907) 586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS announces for the 1994 fishing year: (1) Total allowable 
catches (TAC) for each groundfish target species category in the GOA 
and apportionments thereof among domestic annual processing (DAP), 
joint venture processing (JVP), total allowable level of foreign 
fishing (TALFF), and reserves; (2) apportionments of reserves to DAP; 
(3) assignments of the sablefish TAC to authorized fishing gear users; 
(4) apportionments of pollock TAC among regulatory areas, seasons, and 
between inshore and offshore components; (5) apportionment of Pacific 
cod TAC between inshore and offshore components; (6) ``other species'' 
TAC; (7) prohibited species catch (PSC) limits relevant to fully 
utilized groundfish species; (8) closures to directed fishing; (9) 
Pacific halibut PSC mortality limits; and, (10) seasonal apportionments 
of the halibut PSC limits. A discussion of each of these measures 
follows. The process of determining TACs for groundfish species in the 
GOA is established in regulations implementing the FMP, which was 
prepared by the Council under authority of the Magnuson Fishery 
Conservation and Management Act (Magnuson Act). The FMP is implemented 
by regulations for the foreign fishery at 50 CFR part 611 and for the 
U.S. fishery at 50 CFR parts 672 and 676. General regulations that also 
pertain to U.S. fisheries appear at 50 CFR part 620.
    Pursuant to Sec. 672.20(a)(2)(ii), the sum of the TACs for all 
species must fall within the combined optimum yield (OY) range of 
116,000-800,000 metric tons (mt) established for these species in 
Sec. 672.20(a)(1). Under Secs. 611.92(c)(1) and 672.20(a)(2)(i), TACs 
are apportioned initially among DAP, JVP, TALFF, and reserves. The DAP 
amounts are intended for harvest by U.S. fishermen for delivery and 
sale to U.S. processors. JVP amounts are intended for joint ventures in 
which U.S. fishermen typically deliver their catches to foreign 
processors at sea. TALFF amounts are intended for harvest by foreign 
fishermen. Regulations at Sec. 672.20(a)(2)(ii) establish initial 
reserves equal to 20 percent of the TACs for pollock, Pacific cod, 
flounder target species categories, and ``other species.'' Reserve 
amounts are set aside for possible reapportionment to DAP and/or JVP if 
the initial apportionments prove inadequate. Reserves that are not 
reapportioned to DAP or JVP may be reapportioned to TALFF according to 
Sec. 672.20(d)(2).
    The Council met on September 21-26, 1993, and developed 
recommendations for proposed 1994 TAC specifications for each target 
species category of groundfish on the basis of the best available 
scientific information. The Council also recommended other management 
measures pertaining to the 1994 fishing year. Under 
Sec. 672.20(c)(1)(ii), 1994 specifications were proposed in the Federal 
Register (58 FR 60575, November 17, 1993). No JVP or TALFF amounts were 
specified because GOA groundfish are fully utilized by the DAP 
fisheries. Under Sec. 672.20(c)(1)(ii), one-fourth of the preliminary 
specifications and gear apportionments and one-fourth of the Pacific 
halibut PSC amounts were effective January 1 on an interim basis and 
are now superseded by the final 1994 specifications.
    The Council met on December 6-10, 1993, to review the best 
available scientific information concerning groundfish stocks, and to 
consider public testimony regarding 1994 groundfish fisheries. 
Scientific information is contained in the November 1993 SAFE report 
for the GOA. The November 1993 SAFE report was prepared and presented 
by the GOA Plan Team to the Council and the Council's Scientific and 
Statistical Committee (SSC) and Advisory Panel (AP) and includes the 
most recent information concerning the following:
    (a) For pollock: Data from the 1993 spring hydroacoustic survey in 
Shelikof Strait conducted by the Alaska Fisheries Science Center; egg 
production estimates of spawning biomass; estimates of catch-at-age 
from the 1992 fishery; updated estimates of catch; length-frequency 
data from the 1993 hydroacoustic survey and the first quarter of the 
1993 fishery;
    (b) For sablefish: Data from the 1993 Cooperative and Domestic 
Longline Surveys;
    (c) For Pacific cod: Size composition data from the NMFS longline 
surveys of the GOA were updated through 1993;
    (e) For flatfish: Ageing information for rex sole allowed 
computation of F30% and F35% values; and
    (f) For groundfish, generally: Harvest and discard data from the 
NMFS Observer Program Office for 1993.
    The Plan Team recommended that, starting in 1994, rex sole be 
removed from the deep-water flatfish category and be managed as a 
separate target species category to provide flexibility in managing 
rockfish bycatch.
    For establishment of the acceptable biological catches (ABC) and 
TACs, the Council considered information in the SAFE report, 
recommendations from its SSC and AP, as well as public testimony. The 
SSC adopted the ABC recommendations from the Plan Team, which were 
provided in the SAFE report, for all of the target species categories, 
except that for Pacific ocean perch (POP). The Council adopted the SSC 
ABC recommendations for each target species category, except for POP. 
The Council's recommended ABCs, listed in Table 1, reflect harvest 
amounts that are less than the specified overfishing amounts (Table 1).
    The SSC calculated the POP ABC by applying a fishing mortality rate 
of F=0.08 that would reduce the spawning biomass per recruit ratio to 
44 percent of its pristine level and further reducing F to 0.04 based 
on the ratio of current female spawner biomass to the optimal level. 
This rate was then applied to the 1994 exploitable biomass of 101,800 
mt. The Plan Team reduced this value further by the ratio of 
F35/F30, resulting in an ABC recommendation 
of 3,030 mt, to ensure that the ABC was less than the overfishing level 
of 3,940 mt. The SSC considered this adjustment inappropriate, stating 
that it arbitrarily foregoes catch without providing biological 
justification. The SSC recommended that the ABC for POP be set at 3,943 
mt. However, the Council adopted the recommendation of the Plan Team 
and set the ABC for POP at 3,030 mt. The Plan Team's ABC of 3,030 mt 
better conforms to the policy objectives of the POP rebuilding plan 
established under Amendment 32 to the FMP, adopted by the Council in 
September 1993 and submitted for Secretarial review on December 18, 
1993.

1. Specifications of TAC and Apportionments Thereof Among DAP, JVP, 
TALFF, and Reserves

    The Council recommended TACs equal to ABCs for pollock, Pacific 
cod, sablefish, shortraker/rougheye rockfish, pelagic shelf rockfish, 
demersal shelf rockfish, thornyhead rockfish, and northern rockfish. 
The recommended TACs for Pacific cod, sablefish, shortraker/rougheye, 
thornyhead rockfish and northern rockfish are at levels that will 
support bycatch needs in other fisheries. Other TACs are set at levels 
that are fully utilized in the directed fisheries. The Council 
recommended TACs less than the ABC for shallow-water and deep-water 
flatfish, POP, other slope rockfish, Atka mackerel, rex sole, flathead 
sole, and arrowtooth flounder (Table 1). The sum of the TACs approved 
by the Council for all GOA groundfish is 304,595 mt, which is within 
the OY range specified by the FMP. The sum of the TACs is lower than 
the 1993 TAC sum of 306,651 mt. The sum of 1994 ABCs for all groundfish 
is 553,050 mt, which is lower than the 1993 ABC total of 732,868 mt.
    For pollock, in September 1993, the Council adopted a preliminary 
ABC of 78,000 mt for the Western/Central Regulatory Areas. However, at 
the September Plan Team meeting, the Plan Team requested that four 
additional exploitation strategies be explored. Based on the results of 
these new analyses, which were presented at the November 1993 Plan Team 
meeting, an ABC of 102,000 mt was recommended for the Western/Central 
Areas. The Plan Team recommendation represents the fishing mortality 
strategy that was associated with a 95 percent chance of maintaining 
the spawner biomass level above the threshold level (F=0.20). The Plan 
Team chose this fishing strategy because of recent trends in poor 
recruitment of GOA pollock and because of ecosystem concerns. The 
Council concurred with the conservative exploitation strategy and 
recommended a TAC and an ABC of 102,000 mt for pollock for the Western/
Central GOA for 1994.
    The TACs for shallow-water (Western GOA) and deep-water (Central 
GOA) flatfish and rex sole (Central GOA) were set at 4,500 mt, 7,500 mt 
and 7,500 mt, respectively. These amounts reflect recent harvest levels 
and will limit the halibut bycatch associated with these fisheries. The 
TACs for flathead sole and arrowtooth flounder were set at 10,000 mt 
and 30,000 mt, respectively, also to limit halibut bycatch. As 
discussed above, consistent with the Council's previously adopted 
rebuilding policy for POP, a conservative exploitation rate was 
recommended. The recommended 1994 TAC of 2,550 mt was based on a rate 
intermediate between the optimal fishing rate and the rate required to 
provide unavoidable bycatch. The POP ABC of 3,030 mt, recommended by 
the Council, provides a buffer between the TAC (2,550 mt) and the 
overfishing level (3,940 mt). The Council also recommended that the 
overfishing level for POP be apportioned by regulatory area.
    The Council adopted the AP's recommended ``other rockfish'' TACs 
for each regulatory area as follows: 199 mt for the Western Regulatory 
Area; 988 mt for the Central Regulatory Area; and 3,813 mt for the 
Eastern Regulatory Area. The Council was concerned that the directed 
fishery for ``other rockfish'' in the Eastern Regulatory Area could 
result in high bycatches of other target species categories. The 
Council was particularly concerned that high bycatches of demersal 
shelf rockfish (DSR) in the Southeast Outside District of the Eastern 
Regulatory Area could occur. In 1993, a trawl vessel operator caught 
substantial amounts of DSR in this district as bycatch while conducting 
a directed fishery for ``other rockfish.'' As a result, the DSR TAC was 
reached prematurely and resulted in economic losses to Southeast Alaska 
fishermen who otherwise depend on DSR for a certain amount of their 
annual income. Therefore, the Council recommended that the TAC for 
``other rockfish'' be set at an amount that would only support bycatch 
needs in other directed fisheries. NMFS has determined that a TAC of 
1,048 mt for the Eastern Regulatory Area would support bycatch needs in 
other directed fisheries. This amount was derived using the amount of 
``other rockfish'' bycatch caught by vessels participating in the 1993 
pelagic shelf rockfish directed fishery.
    Under Amendment 31, approved on October 18, 1993, Atka mackerel was 
established as a separate target category beginning with the 1994 
fishing year. The Council made 1994 recommendations of overfishing and 
ABC for Atka mackerel. Uncertainty about the biological status of Atka 
mackerel and the concern that Atka mackerel is a prey species for 
Steller sea lions prompted the Council to adopt conservative TACs for 
this target species category. The Council established a TAC of 3,500 mt 
and apportioned the TAC between the Western (2,500 mt) and Central 
(1,000 mt) Regulatory Areas. NMFS implements a TAC of 5 mt for Atka 
mackerel in the Eastern Regulatory Area, raising the total TAC to 3,505 
mt, to accommodate small amounts of Atka mackerel that might be caught 
in this management area. The total amount that was reported to have 
been caught in the Eastern Regulatory Area during the 1993 fishing year 
was 0.6 mt. Providing an Atka mackerel TAC in the Eastern Regulatory 
Area provides consistency with respect to reporting requirements for 
Atka mackerel in the Central and Western Regulatory Areas, and will be 
less confusing for the fishing industry. NMFS has adjusted the TAC for 
the ``other species'' category and the overall sum of TACs to account 
for this change.
    The Council, after adopting the TACs, recommended 1994 
apportionments of the TACs for each species category among DAP, JVP, 
TALFF, and reserves. Existing harvesting and processing capacity of the 
U.S. industry is capable of utilizing the entire 1994 TAC specification 
for GOA groundfish; therefore, the Council recommended that the DAP 
allowance equal the TAC for each species category, resulting in no 
TALFF or JVP apportionments for the 1994 fishing year.
    NMFS has reviewed the Council's recommendation for TAC 
specifications and apportionments and hereby approves these 
specifications under Sec. 672.20(c)(1)(ii)(B), except for ``other 
species.''
    The 1994 ABCs, TACs, and overfishing levels are shown in Table 1.

 Table 1.--1994 ABCs, TACs, And DAPs Of Groundfish (Metric Tons) For The
    Western/Central (W/C), Western (W), Central (C), And Eastern (E)    
Regulatory Areas And In The West Yakutat (WYK), Southeast Outside (SEO),
           And Gulf-Wide (GW) Districts Of The Gulf Of Alaska           
[Amounts specified as Joint Venture Processing (JVP) and Total Allowable
  Level Of Foreign Fishing (TALFF) are proposed to be zero and are not  
          shown in this table. Reserves are apportioned to DAP]         
------------------------------------------------------------------------
                                                             Overfishing
       Species           Area\1\       ABC          TAC                 
------------------------------------------------------------------------
Pollock\2\                                                              
    Shumagin.........  (61)             22,130      22,130}             
    Chirikof.........  (62)             23,870      23,870}      230,000
    Kodiak...........  (63)             56,000      56,000}             
        Subtotal.....  W/C             102,000      102,000             
                       E                 7,300        7,300      16,400 
                                  --------------------------------------
        Total........                  109,300      109,300     246,400 
                                  ======================================
Pacific cod\3\                                                          
    Inshore..........  W           ...........       14,967             
    Offshore.........  W           ...........        1,663             
    Inshore..........  C           ...........       28,125             
    Offshore.........  C           ...........        3,125             
    Inshore..........  E           ...........        2,268             
    Offshore.........  E           ...........          252             
        Subtotals:     W                16,630       16,630             
                       C                31,250       31,250             
                       E                 2,520       2,520              
                                  --------------------------------------
        Total........                   50,400       50,400      71,100 
                                  ======================================
Flatfish (deep-        W                   460          460             
 water)\4\.                                                             
                       C                12,930        7,500             
                       E                 3,120       3,120              
                                  --------------------------------------
        Total........                   16,510       11,080      19,280 
                                  ======================================
Rex sole\4\..........  W                   800          800             
                       C                 9,310        7,500             
                       E                 1,840       1,840              
                                  --------------------------------------
        Total........                   11,950       10,140      13,960 
                                  ======================================
Flathead sole........  W                 9,120        2,000             
                       C                23,080        5,000             
                       E                 3,650       3,000              
                                  --------------------------------------
        Total........                   35,850       10,000      39,310 
                                  ======================================
Flatfish (shallow-     W                20,290        4,500             
 water)\5\.                                                             
                       C                12,950       12,950             
                       E                 1,180       1,180              
                                  --------------------------------------
        Total........                   34,420       18,630      44,670 
                                  ======================================
Arrowtooth flounder..  W                28,590        5,000             
                       C               186,270       20,000             
                       E                21,380       5,000              
                                  --------------------------------------
        Total........                  236,240       30,000     275,930 
                                  ======================================
Sablefish\6\.........  W                 2,290        2,290             
                       C                11,220       11,220             
                       WYK               4,850        4,850             
                       SEO               7,140       7,140              
                                  --------------------------------------
        Total........                   25,500       25,500      31,700 
                                  ======================================
Pacific ocean          W                   680          571          880
 perch\7\.                                                              
                       C                   850          714        1,100
                       E                 1,500        1,265       1,960 
                                  --------------------------------------
        Total........                    3,030        2,550       3,940 
                                  ======================================
Short raker/           W                   100          100             
 rougheye\8\.                                                           
                       C                 1,290        1,290             
                       E                   570         570              
                                  --------------------------------------
        Total........                    1,960        1,960       2,900 
                                  ======================================
Other                  W                   330          199             
 rockfish\9\,\10\,\11                                                   
 \.                                                                     
                       C                 1,640          988             
                       E                 6,330       1,048              
                                  --------------------------------------
        Total........                    8,300        2,235       9,850 
                                  ======================================
Northern Rockfish\12\  W                 1,000        1,000             
                       C                 4,720        4,720             
                       E                    40          40              
                                  --------------------------------------
        Total........                    5,760        5,760      10,360 
                                  ======================================
Pelagic shelf          W                 1,030        1,030             
 rockfish\13\.                                                          
                       C                 4,550        4,550             
                       E                 1,310       1,310              
                                  --------------------------------------
        Total........                    6,890        6,890      11,550 
                                  ======================================
Demersal shelf         SEO                 960          960        1,680
 rockfish\11\.                                                          
Thornyhead rockfish..  GW                1,180        1,180        1,440
Atka mackerel\14\....  W           ...........        2,500             
                       C           ...........        1,000             
                       E           ...........           5              
                                  --------------------------------------
        Total........                    4,800        3,505      19,040 
                                  ======================================
Other species\14\....  GW              N/A\15\      14,505              
                                  ======================================
            Total\16\  553,050...      304,595     803,110              
             :.                                                         
------------------------------------------------------------------------

Footnotes

    1. Regulatory areas and districts are defined at Sec. 672.2.
    2. Pollock is apportioned to three statistical areas in the 
combined Western/Central Regulatory Area (Table 3), each of which is 
further divided into equal quarterly allowances. In the Eastern 
Regulatory Area, pollock is not divided into quarterly allowances.
    3. Pacific cod is allocated 90 percent to the inshore, and 10 
percent to the offshore component. Component allowances are shown in 
Table 4.
    4. ``Deep water flatfish'' means Dover sole and Greenland 
turbot. Rex sole is a separate target species beginning with the 
1994 fishing year.
    5. ``Shallow water flatfish'' means flatfish not including 
``deep water flatfish,'' flathead sole, rex sole, or arrowtooth 
flounder.
    6. Sablefish is allocated to trawl and hook-and-line gears 
(Table 2).
    7. ``Pacific ocean perch'' means Sebastes alutus.
    8. ``Shortraker/rougheye rockfish'' means Sebastes borealis 
(shortraker) and S. aleutianus (rougheye).
    9. ``Other rockfish'' in the Western and Central Regulatory 
Areas and in the West Yakutat District means slope rockfish and 
demersal shelf rockfish. The category ``other rockfish'' in the 
Southeast Outside District means Slope rockfish.
    10. ``Slope rockfish'' means Sebastes aurora (aurora), S. 
melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei 
(chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), 
S. variegates (harlequin), S. wilsoni (pygmy), S. proriger 
(redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. 
brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola 
(stripetail), S. miniatus (vermilion), and S. reedi (yellowmouth).
    11. ``Demersal shelf rockfish'' means Sebastes pinniger 
(canary), S. nebulosus (china), S. caurinus (copper), S. maliger 
(quillback), S. babcocki (redbanded), S. helvomaculatus (rosethorn), 
S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
    12. ``Northern rockfish'' means Sebastes polyspinis.
    13. ``Pelagic shelf rockfish'' means Sebastes melanops (black), 
S. mystinus (blue), S. ciliatus (dusky), S. entomelas (widow), and 
S. flavidus (yellowtail).
    14. Atka mackerel is a separate target species beginning in 
1994. ``Other species'' means sculpins, sharks, skates, eulachon, 
smelts, capelin, squid, and octopus. The TAC for ``other species'' 
equals 5 percent of the TACs of target species.
    15. N/A means not applicable.
    16. The total ABC is the sum of the ABCs for target species.

2. Apportionment of Reserves to DAP

    Regulations implementing the FMP require 20 percent of each TAC for 
pollock, Pacific cod, flatfish species, and the ``other species'' 
category be set aside in reserves for possible apportionment at a later 
date (Sec. 672.20(a)(2)(ii)). For the preceding 6 years, including 
1993, NMFS has apportioned all of the reserves to DAP effective on 
January 1. For 1994, NMFS apportions reserves for each species category 
to DAP, anticipating that domestic harvesters and processors will need 
all the DAP amounts. Specifications of DAP shown in Table 1 reflect 
apportioned reserves. Under Sec. 672.20(d)(5)(iv), the public may 
submit comments on the apportionments of reserves. Comments should 
focus on whether, and the extent to which, operators of vessels of the 
United States will harvest reserve or DAP amounts during the remainder 
of the year and whether, and the extent to which, U.S. harvested 
groundfish can or will be processed by U.S. fish processors or received 
at sea by foreign fishing vessels.

3. Assignment of the Sablefish TACs to Authorized Fishing Gear Users

    Under Sec. 672.24(c), sablefish TACs for each of the regulatory 
areas and districts are assigned to hook-and-line and trawl gear. In 
the Western and Central Regulatory Areas, 80 percent of each TAC is 
assigned to hook-and-line gear and 20 percent to trawl gear. In the 
Eastern Regulatory Area, 95 percent of the TAC is assigned to hook-and-
line gear and 5 percent is assigned to trawl gear. The trawl gear 
allocation in the Eastern Regulatory Area may only be used as bycatch 
to support directed fisheries for other target species. Sablefish 
caught in the GOA with gear other than hook-and-line or trawl gear must 
be treated as prohibited species and may not be retained. Table 2 shows 
the assignments of the 1994 sablefish TACs between hook-and-line and 
trawl gear. 

  Table 2.--1994 Sablefish TAC Specifications in the Gulf of Alaska and 
           Assignments Thereof to Hook-And-Line and Trawl Gear          
                       [Values are in metric tons]                      
------------------------------------------------------------------------
                                                 Hook-and-              
          Area/district                TAC      line share   Trawl share
------------------------------------------------------------------------
Western..........................        2,290        1,832          458
Central..........................       11,220        8,976        2,244
West Yakutat.....................        4,850        4,608          242
Southeast Outside................        7,140        6,783         357 
                                  --------------------------------------
    Total........................       25,500       22,199        3,301
------------------------------------------------------------------------

4. Apportionments of Pollock TAC Among Regulatory Areas, Seasons, and 
Between Inshore and Offshore Components

    In the GOA, pollock is apportioned by area, season, and inshore/
offshore components. Regulations at Sec. 672.20(a)(2)(iv) require that 
the TAC for pollock in the combined W/C GOA be apportioned among 
statistical areas Shumagin (61), Chirikof (62), and Kodiak (63) in 
proportion to known distributions of the pollock biomass. This measure 
was intended to provide spatial distribution of the pollock harvest as 
a sea lion protection measure. Each statistical area apportionment is 
further divided equally among the four quarterly reporting periods of 
the fishing year (Table 3). Within any fishing year, any unharvested 
amount of any quarterly allowance of pollock TAC is added in equal 
proportions to the quarterly allowance of following quarters, resulting 
in a sum for each quarter that does not exceed 150 percent of the 
initial quarterly allowance. Similarly, harvests in excess of a 
quarterly allowance of TAC are deducted in equal proportions from the 
remaining quarterly allowances of that fishing year. As defined at 
Sec. 672.23(f), directed fishing for the four quarterly allowances will 
start on January 1, June 1, July 1, and October 1. The Eastern 
Regulatory Area pollock TAC of 7,300 mt is not allocated among smaller 
areas, or quarters.
    Regulations at Sec. 672.20(a)(2)(v)(A) require that the DAP 
apportionment for pollock in all regulatory areas and all quarterly 
allowances thereof be divided into inshore and offshore components. The 
inshore component is apportioned 100 percent of the pollock DAP in each 
regulatory area after subtraction of amounts that are determined by the 
Regional Director to be necessary to support the bycatch needs of the 
offshore component in directed fisheries for other groundfish species. 
At this time, incidental amounts of pollock to be caught by the 
offshore component are unknown, and will be determined during the 
fishing year. 

 Table 3.--Distribution of Pollock in the Western and Central Regulatory
    Areas of the Gulf of Alaska (W/CGOA); Biomass Distribution, Area    
Apportionments, and Quarterly Allowances. ABC for the W/C GOA Is 102,000
                            Metric Tons (mt)                            
  [Biomass distribution is based on 1990 survey data. TACs are equal to 
ABC. Inshore and offshore allocations of pollock are not shown. ABCs and
                 TACs are rounded to the nearest 10 mt]                 
------------------------------------------------------------------------
                                     Biomass                  Quarterly 
        Statistical area             percent     1994 TAC     allowance 
------------------------------------------------------------------------
Shumagin (61)....................         21.7       22,130        5,532
Chirikof (62)....................         23.4       23,870        5,968
Kodiak (63)......................         54.9       56,000       14,000
                                  --------------------------------------
    Total........................        100.0      102,000       25,500
------------------------------------------------------------------------

5. Apportionment of Pacific Cod TAC Between Inshore and Offshore 
Components

    Regulations at Sec. 672.20(a)(2)(v)(B) require that the DAP 
apportionment of Pacific cod in all regulatory areas be allocated to 
vessels catching Pacific cod for processing by the inshore and offshore 
components. The inshore component is equal to 90 percent of the Pacific 
cod TAC in each regulatory area with 10 percent of the TAC assigned to 
the offshore component. Inshore and offshore allocations of the 50,400 
mt Pacific cod TAC for 1994 are shown in Table 4. 

     Table 4.--1994 Allocation of Pacific Cod in the Gulf of Alaska;    
             Allocations to Inshore And Offshore Components             
                            [In metric tons]                            
------------------------------------------------------------------------
                                                  Component allocation  
                                               -------------------------
         Regulatory area               TAC        Inshore      Offshore 
                                                   (90%)        (10%)   
------------------------------------------------------------------------
Western..........................       16,630       14,967        1,663
Central..........................       31,250       28,125        3,125
Eastern..........................        2,520        2,268          252
                                  --------------------------------------
    Total........................       50,400       45,360        5,040
------------------------------------------------------------------------

6. ``Other Species'' TAC

    The FMP specifies that the TAC amount for the ``other species'' 
category is calculated as 5 percent of the 1994 combined TACs for 
target species. For 1993, the Council recommended that ``other 
species'' be made available separately in each of the three regulatory 
areas to avoid preemption of fishing activities in the remainder of the 
GOA by a target fishery for Atka mackerel that developed in the Western 
Regulatory Area. Approval of Amendment 31, which established Atka 
mackerel as a separate target species, removed the necessity to 
apportion ``other species'' among regulatory areas in 1994. At the 
December 1993 meeting, the Council recommended a GOA-wide TAC of 14,504 
mt for ``other species.'' As discussed above, a 1994 TAC of 5 mt for 
Atka mackerel in the Eastern Regulatory Area is established by NMFS, 
thus increasing the TAC for ``other species'' to 14,505 mt.

7. PSC Limits Relevant to Fully Utilized Species

    Under Sec. 672.20(b)(1), if NMFS determines, after consultation 
with the Council, that the TAC for any species or species group will be 
fully utilized in the DAP fishery, a groundfish PSC limit applicable to 
the JVP fisheries may be specified for that species or species group.
    The Council recommended that DAP equal TAC for each species 
category. Zero amounts of JVP are available. NMFS concurs with the 
Council's recommendation, and has not established any JVP amounts; 
therefore, no groundfish PSC limits under Sec. 672.20(b)(1) are 
necessary.

8. Closures to Directed Fishing

    The ``proposed 1994 Initial Specifications of Groundfish and 
Associated Management Measures'' for the GOA (58 FR 60575, November 17, 
1993) contained several closures to directed fishing for groundfish 
during 1994. The closures for the final specifications are listed in 
Table 5.
    Under Sec. 672.20(c)(2)(ii), the Regional Director determined that 
the entire TACs or allocations of TAC of some groundfish species and 
species groups will be needed as incidental catch to support other 
anticipated groundfish fisheries during 1994. The Regional Director is 
establishing directed fishing allowances of zero mt and prohibiting 
directed fishing for the remainder of the year for the fisheries listed 
in Table 5. Directed fishing standards for the aforementioned closures 
may be found at Sec. 672.20(g). 

   Table 5.--Closures to Directed Fishing for Total Allowable Catches   
                      Implemented by This Action\1\                     
 [Offshore = The Offshore Component; TRW = Trawl; ALL = All Gears; WG = 
   Western Regulatory Area; CG = Central Regulatory Area; EG = Eastern  
              Regulatory Area; GOA = Entire Gulf of Alaska]             
------------------------------------------------------------------------
         Fishery            Component         Gear        Closed areas  
------------------------------------------------------------------------
Atka mackerel...........  .............  ALL..........  GOA             
Northern rockfish.......  .............  ALL..........  EG              
Other rockfish\2\.......  .............  ALL..........  WG,EG           
Pacific cod.............  Offshore.....  ALL..........  WG,CG,EG        
Pacific ocean perch.....  .............  ALL..........  WG,CG,EG        
Rex sole................  .............  ALL..........  WG              
Sablefish...............  .............  TRW..........  WG,CG           
Shortraker/rougheye       .............  ALL..........  WG,CG,EG        
 rockfish.                                                              
Thornyhead rockfish.....  .............  ALL..........  GOA             
------------------------------------------------------------------------
\1\These closures to directed fishing are in addition to closures and   
  prohibitions found in regulations at 50 CFR Part 672.                 
\2\Other rockfish includes slope and demersal shelf rockfish in the WG  
  and CG.                                                               

9. Halibut Prohibited Species Catch (PSC) Mortality Limits

    Under Sec. 672.20(f)(2), annual Pacific halibut PSC limits are 
established and apportioned to trawl and hook-and-line gear and are 
established for pot gear. At its December 1993 meeting, the Council 
recommended that NMFS reestablish 1993 halibut PSC limits of 2,000 mt 
for trawl gear and 750 mt for hook-and-line gear for 1994. The hook-
and-line halibut PSC limit is further apportioned between the DSR 
fishery (10 mt halibut mortality) and all other hook-and-line fisheries 
(740 mt).
    As in the proposed specifications, the Council recommended that pot 
gear be exempt from Pacific halibut PSC limits for the 1994 fishing 
year. The Council proposed this exemption after considering that the 
groundfish catch and associated halibut bycatch and mortality rates for 
pot gear are low (5 percent).
    At the September 1993 meeting, the Council recommended that NMFS 
prepare a rule for Secretarial approval that, if approved, would 
authorize separate apportionments of the trawl halibut bycatch 
mortality limit between trawl fisheries for the deep-water species 
complex (deep-water flatfish, rockfish, sablefish and arrowtooth 
flounder) and for the shallow-water species complex (pollock, Pacific 
cod, shallow-water flatfish, flathead sole, Atka mackerel, and ``other 
species''). At its December 1993 meeting, the Council further 
recommended that this action be implemented under emergency rulemaking 
so that it could be effective early in 1994. An emergency rule was 
prepared by NMFS and implemented February 7, 1994 (59 FR 6222, February 
10, 1994). The emergency rule specifies trawl fishery apportionments of 
the 1994 GOA trawl halibut bycatch mortality limit and seasonal 
apportionments thereof. The emergency rule specifications supersede 
those set forth in this notice during the effective period of the 
emergency rule.
    NMFS concurs with the Council's recommendations listed above. The 
following types of information as presented in, and summarized from, 
the 1993 SAFE report, or as otherwise available from NMFS, Alaska 
Department of Fish and Game, the International Pacific Halibut 
Commission (IPHC) or public testimony were considered:

(A) Estimated Halibut Bycatch in Prior Years

    The best available information on estimated halibut bycatch is 
available from 1993 observations of the groundfish fisheries as a 
result of the NMFS Observer Program. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gear through December 16, 
1993, is 1,993 mt, 1,279 mt, and 2.4 mt, respectively, for a total of 
3,214 mt. Halibut bycatch restrictions seasonally constrained trawl 
gear fisheries during the first, second, and third quarters of the 
fishing year. Halibut mortality did not constrain trawling effort in 
the fourth quarter of 1993. Trawling, with the exception of trawling 
for pollock with pelagic trawl gear, was closed in 1993 from March 24 
to March 29 (58 FR 16372, March 26, 1993), from April 19 to June 28 (58 
FR 21545, April 22, 1993), and from August 3 to October 4 (58 FR 41640, 
August 5, 1993) as a result of halibut PSC seasonal allowances. Hook-
and-line gear was closed to directed fishing for all but DSR on June 4 
to December 31, 1993 (58 FR 32064, June 8, 1993; 58 FR 46095, September 
1, 1993).
    The amount of groundfish that trawl or hook-and-line gear might 
have harvested if halibut had not been seasonally limiting in 1993 is 
unknown. Even though halibut mortality was not constraining in the 
fourth quarter of 1993, some amounts of groundfish remained 
unharvested. Sablefish and Pacific cod are of the most interest to 
fishermen using hook-and-line gear. Over 900 mt of sablefish in the 
Western Regulatory Area, and 1,000 mt of Pacific cod in the Eastern 
Regulatory Area remained unharvested during 1993. An unknown portion of 
these amounts likely would have been harvested had 1993 halibut 
restrictions not been limiting.

(B) Expected Changes in Groundfish Stocks

    At its December 1993 meeting, the Council adopted lower ABCs for 
pollock, Pacific cod, deep-water flatfish, flathead sole, shallow-water 
flatfish, arrowtooth flounder, and POP than those established for 1993. 
The Council adopted higher ABCs for sablefish, pelagic shelf rockfish, 
and demersal shelf rockfish than those established for 1993. The ABCs 
for other groundfish are unchanged from 1993 levels. Rex sole and Atka 
mackerel were separated out of deepwater flatfish and ``other 
species,'' and established as separate target species categories for 
1994. More information on these changes is included in the Final SAFE 
report dated November 1993 and in the Council and SSC minutes.

(C) Expected Changes in Groundfish Catch

    The total of the 1994 TACs for the GOA is 304,595 mt, a slight 
decrease from the 1993 TAC total of 306,651 mt. At its December 1993 
meeting, the Council changed the 1994 TACs for some fisheries from the 
1993 TACs. Those fisheries for which the 1994 TACs were lower than in 
1993 are pollock (decreased to 109,300 mt from 114,400 mt), Pacific cod 
(decreased to 50,400 mt from 56,700 mt), POP (decreased to 2,550 mt 
from 2,560 mt), and ``other rockfish'' (decreased to 2,235 mt from 
5,383 mt). Rex sole was separated from the deep-water flatfish complex 
in 1994 and assigned a separate TAC resulting in a slight increase in 
the total TAC for the two target groups but reducing the TAC for deep-
water flatfish. Those species for which the 1994 TAC was higher than in 
1993 are shallow-water flatfish (increased to 18,630 mt from 16,240 
mt), sablefish (increased to 25,500 mt from 20,900 mt), shortraker/
rougheye (increased to 1,960 mt from 1,764 mt), pelagic shelf rockfish 
(increased to 6,890 mt from 6,740 mt), DSR (increased to 960 mt from 
800 mt) and thornyhead rockfish (increased to 1,180 mt from 1,062 mt).

(D) Current Estimates of Halibut Biomass and Stock Condition

    The stock assessment for 1992 conducted by the IPHC indicates that 
the total exploitable biomass of Pacific halibut was 265.8 million 
pounds. This represents a decline in biomass of 11 percent from the 
previous stock assessment, a rate similar to declines observed in 
previous years. The decline is expected to continue over the next few 
years as a consequence of reduced recruitment.

(E) Potential Impacts of Expected Fishing for Groundfish on Halibut 
Stocks and U.S. Halibut Fisheries

    Halibut fisheries will be adjusted to account for the overall 
halibut PSC mortality limit established for groundfish fisheries. The 
1994 groundfish fisheries are expected to use the entire halibut PSC 
limit of 2,750 mt. The allowable directed commercial catch is 
determined by accounting for the recreational catch, waste, and bycatch 
mortality, and then providing the remainder to the directed fishery. 
Therefore, although the amount of halibut available for directed 
halibut fisheries will be reduced, halibut bycatch in groundfish 
fisheries is not expected to have any effect on halibut stocks.

(F) Methods Available for, and Costs of, Reducing Halibut Bycatches in 
Groundfish Fisheries

    Halibut bycatch may be reduced by (1) reducing amounts of 
groundfish TACs, (2) reducing halibut bycatch rates through a Vessel 
Incentive Program, (3) modifications to gear and fish handling 
procedures, and (4) changes in groundfish fishing seasons.
    Reductions in groundfish TACs do not usually provide incentives for 
fishermen to reduce bycatch rates. Costs that would be imposed on 
fishermen as a result of reducing TACs depend on species and amounts of 
groundfish foregone.
    Trawl vessels carrying observers for purposes of complying with the 
Observer Plan are subject to the Vessel Incentive Program. The program 
encourages trawl fishermen to avoid high halibut bycatch rates while 
conducting groundfish fisheries by specifying bycatch rate standards 
for various target fisheries.
    Current regulations require groundfish pots to have halibut 
exclusion devices to reduce halibut bycatches. Resulting low bycatch 
and mortality rates of halibut in pot fisheries have justified 
exempting pot gear from PSC limits. Because halibut bycatch mortality 
in the pot fisheries is so low, and not expected to increase during 
1994, the Council has again recommended exempting these fisheries from 
halibut bycatch restrictions in 1994, as it did in 1993. A recent 
change in the definition of pelagic trawl gear is intended to reduce 
bycatch of halibut by displacing fishing effort off the bottom of the 
sea floor when certain halibut bycatch levels are reached during the 
fishing year. The definition provides standards for physical 
conformation and also for performance of the trawl gear in terms of 
crab bycatch (58 FR 39680, July 26, 1993). A recent regulatory change 
required all hook-and-line vessel operators to employ careful release 
measures when handling halibut bycatch (58 FR 28799, May 17, 1993). 
This measure is intended to reduce handling mortality, increase the 
amount of groundfish harvested with the available halibut mortality 
limits, and possibly lower overall halibut mortality in groundfish 
fisheries.
    Halibut bycatch will potentially be reduced by changes in some 
groundfish fishing seasons. The sablefish hook-and-line season starts 
May 18, and the rockfish trawl fishery is delayed until the third 
quarter, July 4. These delays postpone the start of the sablefish and 
rockfish fisheries to times when seasonal halibut bycatch rates are 
lower.
    Methods listed under (F) above, will be reviewed by NMFS and the 
Council to determine their effectiveness. Changes will be initiated as 
necessary in response to this review or to public testimony and 
comment, either through regulatory or FMP amendments.
    Consistent with the goals and objectives of the FMP to reduce 
halibut bycatches while providing an opportunity to harvest the 
groundfish OY, NMFS proposes the assignments of 2,000 mt and 750 mt of 
halibut PSC mortality limits to trawl and hook-and-line gear, 
respectively. While these limits will reduce the harvest quota for 
commercial halibut fishermen, NMFS has determined that they will not 
result in unfair allocation to any particular user group. NMFS 
recognizes that some halibut bycatch will occur in the groundfish 
fishery, but expansion of the Vessel Incentive Program, required 
modifications to gear and handling procedures, and delays to the start 
of the sablefish hook-and-line gear and rockfish trawl gear fisheries 
are intended to reduce adverse impacts on halibut fishermen while 
promoting the opportunity to achieve the OY from the groundfish 
fishery.

10. Seasonal Allocations of the Halibut PSC Limits

    Under Sec. 672.20(f)(2), NMFS seasonally allocates the halibut PSC 
limits based on recommendations from the Council. The FMP requires that 
the following information be considered by the Council in recommending 
seasonal allocations of halibut (a) seasonal distribution of halibut, 
(b) seasonal distribution of target groundfish species relative to 
halibut distribution, (c) expected halibut bycatch needs on a seasonal 
basis relevant to changes in halibut biomass and expected catches of 
target groundfish species, (d) expected bycatch rates on a seasonal 
basis, (e) expected changes in directed groundfish fishing seasons, (f) 
expected actual start of fishing effort, and (g) economic effects of 
establishing seasonal halibut allocations on segments of the target 
groundfish industry. The Council recommended the same seasonal 
allowances of PSC limits for the 1994 fishing year as those in effect 
during the 1993 fishing year. The publication of the final 1993 initial 
groundfish and PSC specifications (58 FR 16787, March 31, 1993) 
summarizes Council findings with respect to each of the FMP 
considerations set forth above. At this time, the Council's findings 
are unchanged from those set forth in 1993. Pacific halibut PSC limits, 
and apportionments thereof, are presented in Table 6. Regulations 
specify that overages and shortfalls in PSC catches will be accounted 
for within the 1994 fishing year.
    Slight adjustments from the 1993 seasonal allocations are proposed 
to accommodate dates of anticipated fishing effort and the opening date 
of the hook-and-line directed fishery for sablefish (May 18, 1994). 
Trawling for rockfish species will start on July 4, 1994 in accordance 
with Sec. 672.23(d). 

  Table 6.--1994 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC Limit for  
   Hook-and-Line Gear is Allocated to the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than DSR.   
Values Are in Metric Tons. All Allowances and Apportionments Other Than Those on January 1 and December 31 Begin
                                    and End at 12:00 Noon, Alaska Local Time                                    
----------------------------------------------------------------------------------------------------------------
             Trawl gear                                           Hook-and-line gear                            
----------------------------------------------------------------------------------------------------------------
                                                 Other than DSR                             DSR                 
       Dates              Amount     ---------------------------------------------------------------------------
                                             Dates              Amount             Dates              Amount    
----------------------------------------------------------------------------------------------------------------
Jan. 1-Apr. 1.......       600 (30%)  Jan. 1-May 18.......       200 (27%)  Jan. 1-Dec. 31......      10 (100%).
Apr. 1-Jul. 1.......       400 (20%)  May 18-Aug. 31......       500 (68%)                                      
Jul. 1-Oct. 1.......       600 (30%)  Sep. 1-Dec. 31......         40 (5%)                                      
Oct. 1-Dec. 31......      400 (20%)                                                                             
                     -------------------------------------------------------------------------------------------
    Total...........    2,000 (100%)  ....................      740 (100%)  ....................       10 (100%)
----------------------------------------------------------------------------------------------------------------

    Assumed halibut mortality rates for halibut PSC bycatch in 1994 are 
similar to those used in 1993 and are unchanged from those established 
in the proposed specifications. These rates are listed in Table 7 and 
reflect mandatory careful release measures implemented during 1993 (58 
FR 28799, May 17, 1993). Further information on halibut mortality can 
be found in the November SAFE report. NMFS has determined that the 
Council's recommendation for the seasonal apportionments of the Pacific 
halibut PSC to gear types and the assumed mortality rates are 
appropriate and is implementing the Council's recommendations. 

   Table 7.--1994 Assumed Pacific Halibut Mortality Rates for Vessels   
  Fishing in the Gulf of Alaska With Mandatory Careful Release Measures 
    [Table Values are Percent of Halibut Bycatch Assumed to be Dead]    
------------------------------------------------------------------------
                                                  Observed    Unobserved
               Gear and target                    vessels      vessels  
------------------------------------------------------------------------
Hook-and-line:                                                          
    Sablefish.................................         14.0         17.0
    Other targets.............................         11.5         14.0
Trawl:                                                                  
    Pelagic pollock...........................         75.0         75.0
    Rockfish, shallow water flatfish, ``other                           
     spp.,'' Atka mackerel....................         60.0         60.0
    Pacific cod, non-pelagic pollock, deep                              
     water flats, rex sole....................         55.0         55.0
Pot:                                                                    
    All targets...............................          5.0         5.0 
------------------------------------------------------------------------

Opening Date of the Directed Fishery for Sablefish for Hook-and-Line 
Gear

    Under regulations at Sec. 672.23(c), the opening date for the 
directed fishing season for sablefish with hook-and-line gear is the 
calendar day from May 9 through May 22 upon which the tide with the 
smallest tidal range occurs. According to annual tide tables published 
by NOAA for 1994, this date is May 18, 1994. Therefore, in accordance 
with Sec. 672.23 (b) and (c), the season will commence at 12:00 noon, 
Alaska local time, May 18, 1994.

Responses to Comments

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

Classification

    This action apportions reserves to DAP fisheries on a date other 
than those specified in Sec. 672.20(d)(i). The Assistant Administrator 
for Fisheries, NOAA, finds that it is necessary to waive the 
opportunity for prior public comment provided by the regulations to 
prevent premature closure of the fishery. In accordance with 
Sec. 672.20(d)(5)(iv), comments are invited on the reserve 
apportionments as noted in ``DATES'' above.

List of Subjects in 50 CFR Part 611

    Fisheries, Foreign relations, Reporting and recordkeeping 
requirements.

50 CFR Parts 672 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. 94-3565 Filed 2-10-94; 8:45 am]
BILLING CODE 3510-22-P