[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5088]


[[Page Unknown]]

[Federal Register: March 7, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 672

[Docket No. 920461-4061; I.D. 021594E]

 

Groundfish of the Gulf of Alaska

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

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS issues a technical amendment that updates directed 
fishing standards to reflect changes in Gulf of Alaska (GOA) target 
species categories. These changes resulted from the annual 
specification process for GOA groundfish and must be incorporated into 
the directed fishing standards to maintain the intent of these 
regulations to limit bycatch amounts of certain groundfish species 
closed to directed fishing.

EFFECTIVE DATE: March 7, 1994.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, Fisheries Management 
Division, Alaska Region, NMFS, 907-586-7228.

SUPPLEMENTARY INFORMATION: Regulations at Sec. 672.20(a)(2) authorize 
the Secretary of Commerce to split or combine target species categories 
during the annual specification process for purposes of establishing 
Total Allowable Catch (TAC) amounts under Sec. 672.20(c)(1). Under this 
authority, the final 1991 specifications for GOA groundfish (56 FR 
8723, March 1, 1991) established shortraker/rougheye rockfish and 
Pacific ocean perch (POP) as two separate TAC categories when it 
removed these species from the species group ``other rockfish.'' 
Separate TAC categories were also established for northern rockfish in 
the final 1993 specifications (58 FR 16787, March 31, 1993) by removing 
this species from the ``other rockfish'' category and for rex sole in 
the final 1994 specifications (59 FR 7647, February 16, 1994) when this 
species was removed from ``deep water flatfish.'' The new TAC 
categories resulted in inadvertent changes to the directed fishing 
standards, at Sec. 672.20(g), that were not consistent with the intent 
of these regulations.
    This technical amendment updates and clarifies the regulations 
pertaining to the directed fishing standards to reflect these new 
target species categories. Paragraphs Sec. 672.20(g)(1)(i)(A); 
(g)(1)(ii); (g)(2); and (g)(4)((ii) are updated to add ``rex sole'' to 
the same grouping as deep water flatfish; and at Sec. 672.20(g)(1)(ii) 
and (g)(4)(ii), ``other rockfish'' and thornyhead rockfish are updated 
to read ``other rockfish of the genera Sebastes and Sebastolobus.'' 
Reasons for these changes follow.
    Under the existing regulations at Sec. 672.20(g)(1)(ii) and 
(g)(4)(ii), the operator of a vessel is engaged in directed fishing for 
demersal shelf rockfish if the operator retains at any particular time 
during a trip demersal shelf rockfish in an amount equal to or greater 
than 1 percent of the aggregate amount of deep water flatfish, flathead 
sole, sablefish, ``other rockfish,'' and thornyhead rockfish, plus 10 
percent of the amount of all other fish species retained at the same 
time on the vessel during the same trip.
    The intent of the existing regulations was to set a directed 
fishing standard for demersal shelf rockfish at 1 percent of the 
aggregate amount of deep water species, including deep water flatfish 
and ``other rockfish,'' because demersal shelf rockfish are less likely 
to be caught as bycatch in deep water fisheries. However, when northern 
rockfish, shortraker/rougheye, and POP rockfish species were removed 
from the complex of ``other rockfish'' and rex sole was removed from 
the deep water flatfish complex they then, under the directed fishing 
standards (Sec. 672.20(g)), became part of the ``all other fish 
species'' designation against which demersal shelf rockfish can be 
retained at a rate of up to 10 percent. This percentage is inconsistent 
with the intent of the directed fishing standard to limit demersal 
shelf rockfish bycatch to minimal amounts in the deep water fisheries. 
Therefore, consistent with the intent of the original regulation, the 
technical amendment would ensure that northern rockfish, shortraker/
rougheye rockfish, POP, and rex sole would remain in the category 
against which demersal shelf rockfish can be retained up to 1 percent.
    The existing regulations at Sec. 672.20(g)(1)(i)(A) and (g)(2) 
present a similar situation for rex sole. The directed fishing standard 
for sablefish, at paragraph (g)(1)(i), is 15 percent of the aggregate 
amount of deep water flatfish, flathead sole, and rockfish of the 
genera Sebastes and Sebastolobus retained at the same time on the 
vessel during the same trip, plus 5 percent of the total amount of all 
other fish species retained at the same time on the vessel during the 
same trip. When rex sole was removed from the category of deep water 
flatfish, which formed part of the grouping against which sablefish can 
be retained at an amount up to 15 percent, it then became part of the 
default group against which sablefish can be retained at an amount up 
to 5 percent. The intent was not for rex sole to be grouped with the 
``all other fish species'' category, against which sablefish can be 
retained at reduced amounts.
    The same situation involving rex sole occurs in paragraph (g)(2). 
The existing regulations state that an aggregate amount of rockfish of 
the genera Sebastes and Sebastolobus, except demersal shelf rockfish, 
can be retained at the same time on the vessel during the same trip at 
up to 15 percent of the aggregate amount of deep water flatfish, 
flathead sole, sablefish, and other rockfish species for which directed 
fisheries are open and 5 percent of the total amount of other fish 
species retained at the same time on the vessel during the same trip. 
The intent of the regulation was not for rex sole to be grouped with 
the ``all other fish species'' category. Therefore, consistent with the 
intent of the original regulations, the new category of ``rex sole'' 
will be specified in the same grouping as deep water flatfish and other 
deep water species.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined, 
under section 553(d)(3) of the Administrative Procedure Act, that good 
cause exists for waiving the 30-day delayed effectiveness period for 
this action. Because this technical amendment makes only minor, non-
substantive changes to existing regulations, notice and public comment, 
thereon, and a delay in the effective date would serve no purpose. This 
rule updates the directed fishing standards and does not cause a change 
in any fishing practices.
    This rule is not subject to review under E.O. 12866.

List of Subjects in 50 CFR Part 672

    Fisheries, Reporting and recordkeeping requirements.

    Dated: March 1, 1994.
Samuel W. McKeen,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For reasons set out in the preamble, 50 CFR part 672 is amended as 
follows:

PART 672--GROUNDFISH OF THE GULF OF ALASKA

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

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

    2. In Sec. 672.20, paragraphs (g)(1)(i)(A), (g)(1)(ii), (g)(2), and 
(g)(4)(ii) are revised to read as follows:


Sec. 672.20  General limitations

* * * * *
    (g) * * *
    (1) * * *
    (i) * * *
    (A) 15 percent of the aggregate amount of deep water flatfish, rex 
sole, flathead sole, and rockfish of the genera Sebastes and 
Sebastolobus retained at the same time on the vessel during the same 
trip; plus
* * * * *
    (ii) Demersal shelf rockfish. The operator of a vessel is engaged 
in directed fishing for demersal shelf rockfish if he retains at any 
particular time during a trip demersal shelf rockfish caught using 
trawl gear in an amount equal to or greater than 1 percent of the 
aggregate amount of deep water flatfish, rex sole, flathead sole, 
sablefish, and other rockfish of the genera Sebastes and Sebastolobus, 
plus 10 percent of the amount of all other fish species retained at the 
same time on the vessel during the same trip.
    (2) Rockfish of the genera Sebastes and Sebastolobus, except 
demersal shelf rockfish. The operator of a vessel is engaged in 
directed fishing for rockfish if he retains at any particular time 
during a trip an aggregate amount of rockfish species for which a 
directed fishery closure applies except for demersal shelf rockfish, 
that is equal to or greater than the sum of 15 percent of the aggregate 
amount of deep water flatfish, rex sole, flathead sole, sablefish, and 
other rockfish species for which directed fisheries are open, retained 
at the same time on the vessel during the same trip, and 5 percent of 
the total amount of other fish species retained at the same time on the 
vessel during the same trip.
* * * * *
    (4) * * *
    (ii) Demersal shelf rockfish. The operator of a vessel is engaged 
in directed fishing for demersal shelf rockfish if he retains at any 
particular time during a trip demersal shelf rockfish caught using 
hook-and-line gear in an amount equal to or greater than 1 percent of 
the aggregate amount of deep water flatfish, rex sole, flathead sole, 
sablefish, and other rockfish of the genera Sebastes and Sebastolobus, 
plus 10 percent of the amount of all other fish species retained at the 
same time on the vessel during the same trip.
* * * * *
[FR Doc. 94-5088 Filed 3-4-94; 8:45 am]
BILLING CODE 3510-22-P