[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10640]


[[Page Unknown]]

[Federal Register: May 4, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 672 and 675

[Docket No. 940413-4113; I.D. 032394C]
RIN 0648-AG59

 

Groundfish of the Gulf of Alaska; Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area

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

ACTION: Proposed rule; proposed 1994 specification of Pacific halibut 
bycatch allowances; request for comments.

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

SUMMARY: NMFS proposes regulations to implement several management 
measures designed to prevent some Gulf of Alaska (GOA) trawl fisheries 
from taking an unnecessarily large share of the GOA halibut bycatch 
limit; amend the directed fishing standards to prohibit using retained 
amounts of arrowtooth flounder, or groundfish species that are closed 
to directed fishing, as a basis for calculating retainable amounts of 
other, more valuable groundfish species that are closed to directed 
fishing; change the opening date of the yellowfin sole and ``other 
flatfish'' fisheries in the Bering Sea and Aleutian Islands management 
area (BSAI) from May 1 to January 1; and implement changes pertaining 
to the annual specification and management of GOA halibut prohibited 
species catch (PSC) limits. This action is necessary to reduce the 
likelihood that one sector of the Alaska trawl fleet will preempt 
others for a share of the Pacific halibut bycatch limit established for 
vessels using trawl gear in the GOA, and provide greater opportunity to 
harvest available groundfish under halibut bycatch restrictions in both 
the GOA and BSAI fisheries. This action is intended to further the 
objectives of the fishery management plans for the groundfish fisheries 
off Alaska.

DATES: Comments must be received by May 31, 1994

.ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802 (Attn: Lori Gravel). Individual copies of the environmental 
assessment/regulatory impact review (EA/RIR) prepared for this action 
may be obtained from the same address.

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

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone (EEZ) of the GOA and the BSAI are managed by 
the Secretary of Commerce in accordance with the Fishery Management 
Plan (FMP) for Groundfish of the GOA and the FMP for the Groundfish 
Fishery of the BSAI. The FMPs were prepared by the North Pacific 
Fishery Management Council (Council) under the Magnuson Fishery 
Conservation and Management Act (Magnuson Act). Regulations authorized 
under the FMP that pertain to the U.S. groundfish fisheries appear at 
50 CFR parts 672 and 675.
    At its September 1993 meeting, the Council requested NMFS to 
prepare a rulemaking that would implement several management measures 
that are intended to prevent some GOA trawl fisheries from taking an 
unnecessarily large share of the halibut bycatch limit relative to 
other groundfish trawl fisheries. This results in the attainment of the 
halibut bycatch cap before some groundfish total allowable catches 
(TACs) have been taken, causing a closure of trawling operations in the 
GOA even though the full groundfish harvest amount has not been taken 
in some fisheries. These measures were presented to the Council in 
September 1993 by GOA and BSAI trawl industry representatives as an 
alternative to FMP amendments under consideration by the Council that 
would establish a super-exclusive registration program for vessels 
participating in the GOA and BSAI groundfish fisheries.
    Three measures were proposed to address the preemption of one trawl 
fishery sector by another:
    1. Establish two GOA trawl fishery categories for the purpose of 
apportioning the GOA halibut bycatch limit already established for the 
trawl gear fisheries (Sec. 672.20(f)). These two categories are the 
following: (1) The shallow-water fishery complex (pollock, Pacific cod, 
Atka mackerel, shallow-water flatfish, flathead sole, and ``other 
species''); and (2) the deep-water fishery complex (the deep water 
flatfish, rex sole, arrowtooth flounder, sablefish, and rockfish);
    2. Revise the method for calculating retainable amounts of 
groundfish species under directed fishing standards (Sec. 672.20(h) and 
Sec. 675.20(i)). Revised methods prohibit using retained amounts of 
arrowtooth flounder, or groundfish species that are closed to directed 
fishing, as a basis for calculating retainable amounts of other, more 
valuable groundfish species that are closed to directed fishing; and
    3. Adjust the opening date for the BSAI yellowfin sole and ``other 
flatfish'' fisheries from May 1 to January 1. As a result of this 
season adjustment, directed fishing standards governing retainable 
amounts of flatfish species at Sec. 675.20(h)(2) are also revised.
    At its December 1993 meeting, the Council requested that NMFS 
implement these measures early in the 1994 fishing year by emergency 
interim rulemaking. An emergency rule was issued on February 10, 1994 
(59 FR 6222) under section 305(c) of the Magnuson Act.
    A detailed description of, and justification for, each of the 
proposed management measures, including editorial changes to 
regulations addressing GOA halibut bycatch limits, follow.

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

    Existing regulations at Sec. 672.20(f) establish a framework 
process for the annual specification of separate Pacific halibut PSC 
limits for ``trawl'' and ``fixed gear'' fisheries, and for apportioning 
those limits by season. Although these regulations limit the bycatch of 
Pacific halibut in the GOA groundfish trawl fisheries, they have 
resulted in conflict among, and preemption of, groundfish trawling 
operations in the GOA as various trawl fishery components compete for 
shares of the available halibut PSC limit. This conflict occurs due to 
seasonal variations in halibut bycatch rates and amounts of halibut 
caught in the various trawl fisheries; NMFS lacks regulatory authority 
to apportion the halibut PSC limit among separate trawl fishery 
categories.
    Under existing regulations, the possibility exists for the 
activities of one group of trawl vessels fishing for a particular 
groundfish species or species complex to take a disproportionate amount 
of the halibut PSC limit relative to other groundfish fisheries. The 
halibut PSC limit may be reached before the attainment of the 
fisheries' TAC amount and cause closure of all trawling operations in 
the GOA, except for trawling for pollock with pelagic trawl gear. Such 
closures may cause: significant amounts of economically important TAC 
to remain unharvested; idling of vessels and crew; and, a disruption of 
processing, fishing support sectors, fishery-dependent communities, and 
intermediate and final markets. Even if the total trawl PSC limit is 
not reached prematurely, the threat that it may be reached at any point 
in the fishing year can force other user groups to incur unnecessary 
costs, alter fishing plans, or operate in a manner that causes conflict 
among user groups.
    Many of the potentially adverse impacts of the present process used 
to manage halibut bycatch in the GOA trawl fisheries could be avoided 
or reduced if the GOA trawl PSC limit were apportioned between 
competing fishery categories. Fishery data from the GOA trawl fisheries 
indicate that the variation in halibut bycatch rates and associated 
bycatch mortality in these fisheries appears to be relatively well 
demarcated by the following operational categories: (1) Those vessels 
fishing for species in the ``shallow-water species complex'' (pollock, 
Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, or 
``other species''); and (2) those vessels fishing for species in the 
``deep-water species complex'' (sablefish, rockfish, deep water 
flatfish, and arrowtooth flounder). The Council's recommended 
management measure included flathead sole in the deep-water complex; 
however, 1993 fishery data show that more than 65 percent of the total 
GOA flathead sole harvest was associated with fisheries in the shallow-
water complex. Therefore, NMFS proposes to include flathead sole in the 
shallow-water complex. In general, the shallow-water and deep-water 
complexes are associated with inshore and offshore trawl operations, 
respectively.
    Based on Council recommendations at its September and December 1993 
meetings, NMFS proposes to apportion the 1994 GOA halibut trawl PSC 
limit among fisheries and seasons as set out below:
    Apportionment of the 2,000 metric ton (mt) halibut bycatch 
mortality limit established for the 1994 GOA trawl fisheries among the 
shallow and deep-water trawl fishery complexes and seasons. Seasons 
open and close at 12 noon, Alaska local time (A.l.t.), except that the 
first season opens at 0001 hours, A.l.t., January 20, and the last 
season ends at 12 midnight, A.l.t., December 31. 

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

    Attainment of a seasonal (quarterly) bycatch allowance by a fishery 
complex would result in directed fishing closures for each species 
within that fishery complex for the remainder of the quarter, except 
that when the halibut bycatch allowance, or seasonal apportionment 
thereof, specified for the shallow-water complex is reached, directed 
fishing for pollock with pelagic trawl gear may continue subject to 
other regulatory provisions under Sec. 672.20(f). Any overages or 
shortfalls of a quarterly bycatch allowance would be accounted for in 
the subsequent quarterly allowance.
    A detailed justification for the fishery and seasonal 
apportionments of the 1994 halibut PSC limit is described in the EA 
prepared for this management measure (see ADDRESSES). These 
apportionments are intended to accommodate seasonal bycatch 
requirements in a manner that optimizes the 1994 halibut PSC limit 
established for trawl gear relative to anticipated trawl fishing 
patterns and 1994 groundfish TACs.

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

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

Adjustment of Season Opening Dates for the BSAI Flatfish Fisheries

    The proposed rule would adjust the opening date for the yellowfin 
sole and ``other flatfish'' fisheries from May 1 to January 1. The 
purpose of this season adjustment is to provide the BSAI trawl industry 
with viable fishing alternatives; reduce the need for, and likelihood 
of, significant movement of fishing capacity from the BSAI to the GOA; 
reduce competition for the halibut PSC limit established for the GOA 
trawl fisheries; and reduce the likelihood that displacement of Bering 
Sea trawl effort into the GOA may preempt fishing opportunities for GOA 
operations later in the fishing year by exhausting the GOA trawl 
halibut PSC limit, thus necessitating GOA-wide trawl closures.
    The original purpose for delaying directed fishing for yellowfin 
sole and ``other flatfish'' species until May 1 was to prevent the 
joint venture processing (JVP) and domestic annual processing (DAP) 
fisheries from taking a disproportionate share of their respective red 
king crab or halibut bycatch allowances established for Bycatch 
Limitation Zones 1 or 2H (defined at Sec. 675.2), before available 
amounts of yellowfin sole and other groundfish species were harvested. 
Early attainment of red king crab or halibut bycatch allowances due to 
of high bycatch rates experienced in the early spring flatfish 
fisheries resulted in premature fishery closures that prevented 
available amounts of flatfish and other groundfish species from being 
harvested. Delaying the opening of the yellowfin sole and ``other 
flatfish'' fisheries until May 1 allowed the DAP fisheries to utilize 
the bulk of the available Zone 1 PSC limits in the rock sole and 
Pacific cod fisheries from January through April, optimizing their 
catch of allocated groundfish species.
    The flatfish fisheries have changed substantially since the May 1 
starting date was implemented. JVP fisheries no longer operate in the 
EEZ off Alaska. The domestic industry has developed profitable new 
markets for products from the ``other flatfish'' complex. In addition, 
the yellowfin sole and rock sole/''other flatfish'' fisheries are 
allocated separate bycatch allowances that may be seasonally 
apportioned to optimize the groundfish harvest within the established 
prohibited species bycatch restrictions.
    The May 1 opening date of the yellowfin sole and ``other flatfish'' 
fisheries now has the effect of preventing domestic fishermen from 
harvesting these resources at the beginning of the fishing year, when 
few other fishing opportunities exist. This season has contributed, for 
example, to a situation in which the available TAC for the ``other 
flatfish'' complex has been underutilized in recent years. In 1991, 
only about 47 percent of the TAC for this species group was harvested. 
In 1992 and 1993, that figure was 38 percent and 45 percent, 
respectively. Nonetheless, while these resources have been 
underutilized, despite an expressed interest in accessing them at the 
beginning of the fishing year, retention of the May 1 opening has 
forced BSAI trawl fishermen either to move into the GOA deep-water 
flatfish fishery, which opens in January, or cease fishing until May 1.
    The rock sole fishery in the Bering Sea currently opens at the 
beginning of the fishing year to allow fishing in the lucrative ``roe'' 
fishery. This fishery typically closes in late February or early March 
when the rock sole have finished spawning. Seasonal halibut bycatch 
restrictions can close other fisheries (e.g., Pacific cod during 1991 
and 1992), leaving, as noted above, few alternative fishing 
opportunities for the BSAI groundfish fleet. Flathead sole, one of the 
species in the Bering Sea ``other flatfish'' category, produce roe that 
matures just after rock sole roe matures. Markets for roe-bearing 
flathead sole have emerged, making this fishery a natural extension of 
that for roe-bearing rock sole in the Bering Sea. Other markets for 
these flatfish species, including a domestic fillets market, are under 
development.
    Opening the BSAI yellowfin sole fishery and the ``other flatfish'' 
fishery at the beginning of the fishing year (January 1) would provide 
vessels operating in the Bering Sea with the opportunity to participate 
in a potentially profitable, developing fishery. This opportunity is 
expected to reduce the need for vessels to move into the GOA trawl 
fisheries early in the fishing year, and thus would decrease pressure 
on the GOA halibut PSC limit and diminish the probability of preemption 
of existing GOA groundfish fisheries through early closure.
    The proposed rule would amend the directed fishing standard for 
flatfish species (Sec. 675.20(h)(2)) to accommodate this season change 
and allow sufficient bycatch amounts of rock sole, yellowfin sole, 
arrowtooth flounder, or ``other flatfish'' in the flatfish fisheries, 
while allowing for fishing operations to minimize the discard waste of 
these species. The proposed rule would also establish species-specific 
standards, rather than aggregate standards, for all flatfish species 
closed to directed fishing. The intent of this action is to simplify 
directed fishing standards, and to reduce discard waste by increasing 
the retainable amounts of flatfish species closed to directed fishing 
relative to other flatfish species that are open to directed fishing.

Editorial and Technical Changes to Sec. 672.20(f)

    NMFS proposes to reorganize Sec. 672.20(f) to clarify the 
presentation and interpretation of regulations pertaining to halibut 
PSC limits. Existing regulations at Sec. 672.20(f)(1)(i) and (2)(i) 
would be amended and redesignated as (f)(3)(i) and (f)(1), 
respectively, to implement management measures set out in this proposed 
rule. To eliminate redundant regulatory language, paragraph 
Sec. 672.20(f)(2)(ii) would be amended and included as part of 
paragraph (f)(1) to cross reference the publication of proposed and 
final specifications required under Sec. 672.20(c). These documents 
also include proposed and final halibut PSC limits and satisfy separate 
publication requirements currently set out in Sec. 672.20(f)(2)(ii).
    The following paragraphs would be redesignated as indicated; no 
changes would be made to the regulatory text:

------------------------------------------------------------------------
               Existing regulation                     Redesignation    
------------------------------------------------------------------------
(f)(1)(ii).......................................  (f)(3)(ii)           
(f)(1)(iii)......................................  (f)(3)(iii)          
(f)(1)(iv).......................................  (f)(1)(iii)(B)       
(f)(1)(v)........................................  (f)(1)(iii)(C)       
(f)(2)(iii)......................................  (f)(1)(iii)(A)       
(f)(2)(iv).......................................  (f)(2)               
(f)(2)(v)........................................  (f)(4)               
------------------------------------------------------------------------

    The redesignated regulatory text is republished as part of the 
proposed rule. However, NMFS is not requesting public comment on the 
redesignated paragraphs.

Classification

    NMFS prepared an analysis of the economic impact on small entities 
as part of the EA/RIR. All vessels using trawl gear to harvest BSAI or 
GOA groundfish and processors receiving trawl-caught groundfish could 
be affected by the management measures proposed under this action. Most 
catcher vessels harvesting groundfish off Alaska meet the definition of 
a small entity under the Regulatory Flexibility Act. In 1993, 265 
catcher vessels were issued permits to harvest groundfish with trawl 
gear in Federal waters. All these vessels could be affected due to 
adjustments in fishing patterns resulting from (1) changing the season 
of the BSAI flatfish fisheries, and (2) revising the management of the 
GOA halibut PSC limit established for trawl fisheries. These effects 
are not expected to result in a reduction in annual gross revenues by 
more than 5 percent, annual compliance costs that would increase total 
costs of production by more than 5 percent, or compliance costs for 
small entities that are at least 10 percent higher than compliance 
costs as a percent of sales for large entities. Therefore, the proposed 
action would not result in a ``significant economic impact'' on small 
entities under the RFA. A copy of the EA/RIR is available (see 
ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Parts 672 and 675

    Fisheries, Recordkeeping and reporting requirements.

    Dated: April 28, 1994.
John T. Everett,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 672 and 675 
are proposed to be amended as follows:

PART 672--GROUNDFISH FISHERY 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 section 672.20, paragraphs (f) and (h)(1) are revised to read 
as follows:


Sec. 672.20  General limitations.

* * * * *
    (f) Halibut PSC limits--(1) Notification of proposed halibut PSC 
limits. NMFS will publish annually in the Federal Register, proposed 
and final halibut PSC limits and apportionments thereof authorized 
under this paragraph (f), in the notification required under paragraph 
(c) of this section. Public comment will be accepted by NMFS on the 
proposed halibut PSC limits and apportionments thereof for a period of 
30 days after publication in the Federal Register. NMFS will consider 
comments received on proposed halibut limits and, after consultation 
with the Council, will publish notification in the Federal Register 
specifying the final halibut PSC limits and apportionments thereof.
    (i) Trawl gear fisheries. (A) After consultation with the Council, 
NMFS will publish notification in the Federal Register specifying the 
proposed halibut PSC limit for vessels using trawl gear. The halibut 
PSC limit specified for vessels using trawl gear may be further 
apportioned as bycatch allowances to the fishery categories listed in 
paragraph (f)(1)(i)(B) of this section, based on each category's 
proportional share of the anticipated halibut bycatch mortality during 
a fishing year and the need to optimize the amount of total groundfish 
harvest under the halibut PSC limit. The sum of all bycatch allowances 
will equal the halibut PSC limit established under this paragraph 
(f)(1)(i).
    (B) For purposes of apportioning the trawl halibut PSC limit among 
fisheries, the following fishery categories are specified and defined 
in terms of round-weight equivalents of those groundfish species for 
which a TAC has been specified under paragraphs (a) and (c) of this 
section:
    (1) Shallow-water species fishery. Fishing with trawl gear during 
any weekly reporting period that results in a retained aggregate catch 
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka 
mackerel, and ``other species'' that is greater than the retained 
aggregate amount of other groundfish species or species group.
    (2) Deep-water species fishery. Fishing with trawl gear during any 
weekly reporting period that results in a retained catch of groundfish 
and is not a shallow-water species fishery as defined under paragraph 
(f)(1)(i)(B)(1) of this section.
    (ii) Hook-and-line and pot gear fisheries. After consultation with 
the Council, NMFS will publish notification in the Federal Register 
specifying the proposed halibut PSC limits for the hook-and-line gear 
fisheries. The notification may also specify a halibut PSC limit for 
the pot gear fisheries. The proposed halibut PSC limit for hook-and-
line gear fisheries may be further apportioned as bycatch allowances to 
the directed fishery for demersal shelf rockfish in the Southeast 
Outside District of the Eastern Regulatory Area and to all other hook-
and-line gear fisheries.
    (iii) Seasonal apportionments. (A) NMFS, after consultation with 
the Council, may apportion each halibut PSC limit or bycatch allowance 
specified under this paragraph on a seasonal basis. NMFS will base any 
seasonal apportionment of a halibut PSC limit or bycatch allowance on 
the following types of information:
    (1) Seasonal distribution of halibut;
    (2) Seasonal distribution of target groundfish species relative to 
halibut distribution;
    (3) Expected halibut bycatch needs on a seasonal basis relative to 
changes in halibut 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; and
    (7) Economic effects of establishing seasonal halibut allocations 
on segments of the target groundfish industry.
    (B) Unused seasonal apportionments of halibut PSC limits specified 
for trawl, hook-and-line, or pot gear will be added to the respective 
seasonal apportionment for the next season during a current fishing 
year.
    (C) If a seasonal apportionment of a halibut PSC limit specified 
for trawl, hook-and-line, or pot gear is exceeded, the amount by which 
the seasonal apportionment is exceeded will be deducted from the 
respective apportionment for the next season during a current fishing 
year.
    (iv) Apportionment among regulatory areas and districts. Each 
halibut PSC limit specified under this paragraph (f) may also be 
apportioned among the regulatory areas and districts of the Gulf of 
Alaska.
    (2) NMFS may, by notification in the Federal Register, change the 
halibut PSC limits during the year for which they were specified, based 
on new information of the types set forth in paragraph (f)(1) of this 
section.
    (3) Attainment of a halibut PSC limit or bycatch allowance--
    (i) Trawl gear fisheries. If, during the fishing year, the Regional 
Director determines that U.S. fishing vessels participating in either 
of the trawl fishery categories listed in paragraph (f)(1)(i)(B) of 
this section will catch the Pacific halibut bycatch allowance, or 
apportionments thereof, specified for that fishery category under 
paragraph (f)(1) of this section, NMFS will publish notification in the 
Federal Register closing the entire Gulf of Alaska to directed fishing 
with trawl gear for each species and/or species group that comprises 
that fishing category; provided, however, that when the halibut bycatch 
allowance, or seasonal apportionment thereof, specified for the 
shallow-water species fishery is reached, fishing for pollock by 
vessels using pelagic trawl gear may continue, consistent with other 
provisions of this part.
    (ii) Hook-and-line fisheries--(A) Groundfish other than demersal 
shelf rockfish in the Southeast Outside District. If, during the year, 
the Regional Director determines that the catch of halibut by operators 
of vessels using hook-and-line gear in groundfish fisheries other than 
the directed fishery for demersal shelf rockfish in the Southeast 
Outside District will reach the halibut bycatch allowance, or seasonal 
apportionment thereof, specified for hook-and-line gear under paragraph 
(f)(1) of this section, NMFS will publish notification in the Federal 
Register prohibiting directed fishing for groundfish, other than 
demersal shelf rockfish in the Southeast Outside District, by vessels 
using hook-and-line gear for the remainder of the season to which the 
halibut bycatch allowance or seasonal apportionment thereof applies.
    (B) Demersal shelf rockfish in the Southeast Outside District. If, 
during the year, the Regional Director determines that the catch of 
halibut by operators of vessels using hook-and-line gear in the 
directed fishery for demersal shelf rockfish in the Southeast Outside 
District will reach the halibut bycatch allowance, or seasonal 
apportionment thereof, specified for this fishery under paragraph 
(f)(1) of this section, NMFS will publish notification in the Federal 
Register prohibiting directed fishing for demersal shelf rockfish in 
the Southeast Outside District by vessels using hook-and-line gear for 
the remainder of the season to which the halibut bycatch allowance or 
seasonal apportionment thereof applies.
    (iii) Pot gear fisheries. If, during the fishing year, the Regional 
Director determines that the catch of halibut by operators of vessels 
using pot gear to participate in a directed fishery for groundfish will 
reach the halibut PSC limit, or seasonal apportionment thereof, 
provided for under paragraph (f)(1) of this section, NMFS will publish 
notification in the Federal Register prohibiting directed fishing for 
groundfish by vessels using pot gear for the remainder of the season to 
which the halibut PSC limit or seasonal apportionment applies.
    (4) When the vessels to which a halibut PSC limit applies have 
caught an amount of halibut equal to that PSC, the Regional Director 
may, by notification in the Federal Register, allow some or all of 
those vessels to continue to fish for groundfish using nonpelagic trawl 
gear under specified conditions, subject to the other provisions of 
this part. In authorizing and conditioning such continued fishing with 
bottom-trawl gear, the Regional Director will take into account the 
following considerations, and issue relevant findings:
    (i) The risk of biological harm to halibut stocks and of socio-
economic harm to authorized halibut users posed by continued bottom 
trawling by these vessels;
    (ii) The extent to which these vessels have avoided incidental 
halibut catches up to that point in the year;
    (iii) The confidence of the Regional Director in the accuracy of 
the estimates of incidental halibut catches by these vessels up to that 
point in the year;
    (iv) Whether observer coverage of these vessels is sufficient to 
assure adherence to the prescribed conditions and to alert the Regional 
Director to increases in their incidental halibut catches; and
    (v) The enforcement record of owners and operators of these 
vessels, and the confidence of the Regional Director that adherence to 
the prescribed conditions can be assured in light of available 
enforcement resources.
* * * * *
    (h) * * *
    (1) Calculations. (i) In making any determination concerning 
directed fishing under paragraph (g) of this section, the amount or 
percentage of any species, species group, or any fish or fish products 
will be calculated in round-weight equivalents.
    (ii) Arrowtooth flounder or any groundfish species for which 
directed fishing is closed may not be used to calculate retainable 
amounts of other groundfish species under paragraph (g) of this 
section.
* * * * *

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

    3. The authority citation for part 675 continues to read as 
follows:

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

    4. In section 675.20, paragraphs (h)(2) and (i)(1) are revised to 
read as follows:


Sec. 675.20  General limitations.

* * * * *
    (h) * * *
    (2) Yellowfin sole, rock sole, arrowtooth flounder, or ``other 
flatfish''. The operator of a vessel is engaged in directed fishing for 
yellowfin sole, rock sole, arrowtooth flounder, or ``other flatfish'' 
if he or she retains at any time during a trip an amount of one of 
these species equal to or greater than 35 percent of the amount of the 
other respective species retained at the same time on the vessel during 
the same trip, plus 20 percent of any groundfish species other than 
yellowfin sole, rock sole, or ``other flatfish'' retained at the same 
time on the vessel during the same trip.
* * * * *
    (i) * * *
    (1) Calculations. (i) In making any determination concerning 
directed fishing under paragraph (h) of this section, the amount or 
percentage of any species, species group, or any fish or fish products 
will be calculated in round-weight equivalents.
    (ii) Arrowtooth flounder or any groundfish species for which 
directed fishing is closed may not be used to calculate retainable 
amounts of other groundfish species under paragraph (h) of this 
section.
* * * * *
    5. In Sec. 675.23, paragraph (c) is revised to read as follows:


Sec. 675.23  Seasons.

* * * * *
    (c) Directed fishing for arrowtooth flounder and Greenland turbot 
is authorized from 12 noon Alaska local time, May 1 through 12 
midnight, Alaska local time, December 31, subject to the other 
provisions of this part.
* * * * *
[FR Doc. 94-10640 Filed 4-29-94; 11:45 am]
BILLING CODE 3510-22-P