[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30727]


[[Page Unknown]]

[Federal Register: December 14, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611, 675, and 676

[Docket No. 941242-4342; I.D. 111494A]

 

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

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

ACTION: Proposed 1995 initial specifications of groundfish and 
associated management measures and request for comments.

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

SUMMARY: NMFS proposes 1995 initial total allowable catches (TACs) for 
each category of groundfish and specifications for prohibited species 
bycatch allowances for the groundfish fishery of the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
inform the public about proposed 1995 harvest specifications and 
associated management measures. The intended effect is to conserve and 
manage the groundfish resources in the BSAI and to provide an 
opportunity for public participation in this decisionmaking process.

DATES: Comments must be submitted by January 9, 1995.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802-1668, Attn: Lori Gravel. The preliminary 1995 Stock Assessment 
and Fishery Evaluation (SAFE) report may be requested from the North 
Pacific Fishery Management Council, P.O. Box 103136, Anchorage, AK 
99510, 907-271-2809.

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

SUPPLEMENTARY INFORMATION: Groundfish fisheries in the BSAI are 
governed by Federal regulations (50 CFR 611.93 and parts 675 and 676) 
that implement the Fishery Management Plan for the Groundfish Fishery 
of the Bering Sea and Aleutian Islands Area (FMP). The FMP was prepared 
by the North Pacific Fishery Management Council (Council) and approved 
by NMFS under the Magnuson Fishery Conservation and Management Act.
    The FMP and implementing regulations require NMFS, after 
consultation with the Council, to specify for each calendar year the 
TAC for each target species and the ``other species'' category, the sum 
of which must be within the optimum yield range of 1.4 million to 2.0 
million metric tons (mt) (Sec. 675.20(a)(2)). Regulations under 
Sec. 675.20(a)(7)(i) further require NMFS to publish annually and 
solicit public comment on amounts of proposed annual TACs, 
apportionments of each TAC, prohibited species catch (PSC) allowances, 
and seasonal allowances of pollock. The specifications set forth in 
Tables 1-7 of this action satisfy these requirements. For 1995, the 
proposed sum of TACs is 2.0 million mt. Under Sec. 675.20(a)(7)(ii), 
NMFS will publish the final annual TACs for 1995 and initial 
apportionments thereof, after considering: (1) Comments received within 
the comment period (see DATES), and (2) consultations with the Council 
at its December 1994 meeting.
    The specified TACs for each species are based on the best available 
biological and socioeconomic information. At its September and December 
meetings, the Council, its Advisory Panel, and its Scientific and 
Statistical Committee (SSC), annually review biological information 
about the condition of groundfish stocks in the BSAI. This information 
is compiled by the Council's BSAI Groundfish Plan Team (Plan Team) and 
is presented in the SAFE Report. The Plan Team annually produces such a 
report as the first step in the process of specifying TACs. The SAFE 
Report contains a review of the latest scientific analyses and 
estimates of each species' biomass, maximum sustainable yield (MSY), 
acceptable biological catch (ABC) and other biological parameters, as 
well as summaries of the economic condition of groundfish fisheries off 
Alaska. A preliminary 1995 SAFE Report dated September 1994 provides an 
update on status of stocks. These preliminary assessments will be 
updated based on biological survey work done during the summer of 1994. 
Assessments will be made available by the Plan Team in November 1994, 
in the final edition of the 1995 SAFE Report. Final ABCs for the 1995 
fishing year will be based on the most recent stock assessments. The 
proposed ABCs adopted by the Council for the 1995 fishing year are 
based on the best available scientific information, including projected 
biomass trends, information on assumed distribution of stock biomass, 
and revised technical methods used to calculate stock biomass.

Procedure for Estimating ABC

    The Council bases its definition of ABC on the definition contained 
in 50 CFR part 602--Guidelines For Fishery Management Plans. These 
guidelines (Sec. 602.11(e)(1)) state,

    ABC is a preliminary description of the acceptable harvest (or 
range of harvests) for a given stock or stock complex. Its 
derivation focuses on the status and dynamics of the stock, 
environmental conditions, other ecological factors, and prevailing 
technological characteristics of the fishery.

    Under these guidelines, the Council is provided with the 
flexibility needed to define overfishing appropriate to the individual 
stock or species characteristics, as long as it is defined in a way 
that allows the Council and NMFS to evaluate the condition of the stock 
relative to the definition. Application of the overfishing definition 
requires some flexibility, because the amount of data for different 
stocks varies. The calculations used to derive preliminary overfishing 
levels for a given stock or stock complex are described in the 
preliminary 1995 SAFE Report dated September 1994.
    Calculation of ABC varies among species, depending on the quality 
of available data and prior knowledge of a species' stock status. The 
Plan Team has adopted three steps for estimating ABCs. First, the 
exploitable biomass of a stock is estimated. Second, the ABC for a 
stock is calculated by multiplying an exploitation rate times the 
estimated exploitable biomass. Various exploitation rates or fishing 
mortality rates (F) may be used in this calculation, depending on the 
data available and the degree of risk the Plan Team is willing to 
accept. For example, the exploitation rate that would produce MSY 
(FMSY) may be used when the stock is known to be in good 
condition, high in abundance, and not in danger of drastic decline. 
When more conservative stock management is desirable, a F0.1 
harvest strategy is used to determine an exploitation rate. This 
strategy determines a level of F at which the marginal increase in 
yield-per-recruit due to an increase in F is 10 percent of the marginal 
yield-per-recruit in a newly exploited fishery. Recruitment refers to 
the growth of juvenile fish into the adult or exploitable population. 
Generally, F0.1 is a more conservative exploitation rate than 
FMSY. Another alternative is to use historical exploitation rates 
when historical fishery data indicate that a stock is not affected 
adversely by such rates. A switch in harvest strategy from F.35 to 
F = natural mortality rate (M) can be used when current maturity 
parameter estimates are unreliable. Finally, an empirical estimation of 
ABC based on historical catch levels may be used when information is 
insufficient to estimate the biomass of a stock. Details of 
overfishing, ABC, and other calculation procedures are discussed in the 
preliminary 1995 SAFE Report dated September 1994. This report is 
available from the Council (see ADDRESSES).
    The Plan Team's recommendations for preliminary ABCs for each 
species for 1995 and other biological data are provided in the 
preliminary 1995 SAFE Report. At its September 1994 meeting, the 
Council's SSC reviewed the Plan Team's preliminary recommendations for 
1995 ABCs. The SSC recommended revisions to the Plan Team's recommended 
ABCs for Aleutian Basin (Bogoslof) pollock, Atka mackerel, and 
Greenland turbot. The Council adopted the ABCs recommended by the SSC 
(Table 1).
    The Council recommended changes to the management of two species' 
TAC amounts. First, the Pacific ocean perch TAC specified for the 
Aleutians Islands subarea is subdivided among the Aleutians Islands 
districts to avoid excessive depletions of the stock in localized 
areas. In addition, the Council, at its June 1994 meeting, recommended 
that flathead sole be separated from ``other flatfish'' to provide an 
additional target species for purposes of retaining allowable amounts 
of deep-water bycatch species, such as Greenland turbot.

 Table 1.--Proposed 1995 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and
               Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area\1\,\2\              
----------------------------------------------------------------------------------------------------------------
                                                                                                    Overfishing 
                     Species                            ABC             TAC         ITAC=DAP\3\        level    
----------------------------------------------------------------------------------------------------------------
Pollock:                                                                                                        
    BS..........................................       1,330,000       1,330,000       1,130,500       1,590,000
    AI..........................................          56,600          56,600          48,110          60,400
    Bogoslof District...........................          20,000           1,000             850         147,000
Pacific cod.....................................         191,000         191,000         162,350         228,000
Sablefish:                                                                                                      
    BS..........................................             540             540             446  ..............
    AI..........................................           2,800           2,800           2,275  ..............
        Total...................................           3,340           3,340           2,721           4,160
Atka mackerel:                                                                                                  
    Western AI..................................          71,810          10,000           8,500  ..............
    Central AI..................................          73,440          44,525          37,846  ..............
    Eastern AI, BS..............................          17,950          13,475          11,454  ..............
        Total...................................         163,200          68,000          57,800         484,000
Yellowfin sole..................................         230,000         150,325         127,776         269,000
Rock sole.......................................         313,000          75,000          63,750         363,000
Greenland turbot:                                                                                               
    BS..........................................                           4,690           3,986  ..............
    AI..........................................                           2,310           1,964  ..............
        Total...................................           7,000           7,000           5,950          24,800
Arrowtooth flounder.............................          93,400          10,000           8,500         130,000
Flathead sole...................................         119,000          29,618          25,175         145,000
Other flatfish\4\...............................         106,000          26,382          22,425         125,000
Pacific ocean perch:                                                                                            
    BS..........................................           1,910           1,910           1,623           2,920
    AI..........................................          10,900          10,900           9,265          16,600
      Western AI................................           6,104           6,104           5,188  ..............
      Central AI................................           3,052           3,052           2,594  ..............
      Eastern AI................................           1,744           1,744           1,483  ..............
Other red rockfish:\5\                                                                                          
    BS..........................................           1,400           1,400           1,190           1,400
Sharpchin/Northern:                                                                                             
    AI..........................................           5,670           5,670           4,820           5,670
Shortraker/Rougheye:                                                                                            
    AI..........................................           1,220           1,220           1,037           1,220
Other rockfish:\6\                                                                                              
    BS..........................................             365             365             310             365
    AI..........................................             770             770             655             770
Squid\7\........................................           3,110           3,110           2,643  ..............
Other Species\8\................................          27,500          26,390          22,432         141,000
        Totals..................................       2,685,385       2,000,000       1,699,882  ..............
----------------------------------------------------------------------------------------------------------------
\1\Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) area 
  unless otherwise specified. With the exception of pollock, and for the purpose of these specifications, the BS
  includes the Bogoslof District.                                                                               
\2\Zero amounts of groundfish are specified for Joint Venture Processing and Total Allowable Level of Foreign   
  Fishing.                                                                                                      
\3\Except for the portion of the sablefish TAC allocated to hook-and-line and pot gear, 0.15 of each TAC is put 
  into a reserve. For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear,    
  0.20 of the allocated TAC is reserved for use by CDQ participants. The ITAC for each species is the remainder 
  of the TAC after the subtraction of these reserves.                                                           
\4\``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species), flathead 
  sole, Greenland turbot, rock sole, and yellowfin sole.                                                        
\5\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.                               
\6\``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin, 
  northern, shortraker, and rougheye.                                                                           
\7\Squid may be combined with ``other species'' category in the final initial specifications of TAC. The Council
  will consider combining squid with the ``other species'' category at its December 1994 meeting.               
\8\``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus. (The ``other    
  species'' category may include squid in the final 1995 initial specifications of TAC.)                        

    The SSC's revisions to the ABCs recommended by the Plan Team for 
Bogoslof pollock, Greenland turbot, and Atka mackerel are discussed 
below.
    Bogoslof Pollock. The Plan Team indicated in the preliminary 1995 
SAFE Report that the current estimate of biomass of Aleutian Basin 
pollock (490,000 mt) is the best estimate, assuming that no recruitment 
to the stock has occurred, and that the natural mortality rate (M) is 
0.2. Reassessment of the Bogoslof area hydroacoustic survey with new 
threshold levels of abundance has not changed previous conclusions that 
this stock has declined since 1988. The Plan Team assumed that no 
recruitment occurred in 1994 or will occur in 1995, and projected a 
biomass for 1995 of 490,000 mt using M = 0.20. The Plan Team then 
calculated the F0.35 exploitation rate of 0.26 to derive an ABC of 
127,000 mt. However, the SSC adjusted the biomass downward to 400,000 
mt, based on the 1993 hydroacoustic estimate of biomass decayed by 
natural mortality. The SSC then applied a natural mortality rate of M = 
0.02 divided by 4 to the projected biomass. This leads to an ABC of 
20,000 mt. Due to lack of recruitment predicted for 1994 and 1995, the 
Council recommended a TAC of 1,000 mt to provide for bycatch in other 
groundfish operations.
    Greenland Turbot. In 1993, the Plan Team used a length-based stock 
synthesis model to estimate the ABC, which was updated with catch and 
survey data through October 1993. A more conservative exploitation rate 
of F0.40 and an increased slope survey catchability coefficient of 
0.75 was selected. These adjustments resulted in a conservative ABC of 
17,200 mt. Continued poor recruitment and stock abundance levels since 
the early 1980s led the SSC to recommend a continuation of the present 
7,000 mt ABC for this species, until the assessment analysis containing 
results from the 1994 bottom trawl survey is completed. The Council 
concurred with this recommendation and set the TAC at 7,000 mt for this 
species. The Council further recommended apportioning two-thirds of the 
Greenland turbot TAC (4,690 mt) to the eastern Bering Sea, and one-
third of the TAC (2,310 mt) to the Aleutian Islands, in proportion to 
the biomass estimates in these areas. The Council's recommendation is 
intended to spread fishing effort over a larger area.
    Atka Mackerel. The SSC accepted the Plan Team's 1995 estimate of 
ABC (245,000 mt), although it expressed concern that the time series of 
trawl surveys is short and inconsistent in coverage. The SSC also was 
apprehensive about possible environmental problems that may result from 
an increased catch of the magnitude implied by the Plan Team's estimate 
of 1995 ABC. Atka mackerel is a prey species of northern fur seals and 
Steller sea lions. During their migrations, northern fur seals (a 
depleted species) feed heavily on Atka mackerel as they move through 
the Aleutian passes. Given these concerns, the SSC recommended to 
continue its 1992 through 1994 policy to phase in the Plan Team's 
estimate of ABC over a 6-year period by adopting the 1994 biomass 
estimate (816,000 mt) and raising the exploitation rate in steps. These 
incremental steps are as follows: (M)(1)/6 in 1992, (M)(2)/6 in 1993, 
(M)(3)/6 in 1994, (M)(4)/6 in 1995, (M)(5)/6 in 1996, and M in 1997. 
According to this schedule, the recommended ABC for 1995 is (.6/
3)(816,000) = 163,200 mt. The main purpose of this approach is to 
postpone a large ABC increase until new survey estimates are available 
to evaluate the phase-in policy.
    The Council recommended a 68,000 mt TAC for Atka mackerel in the 
BSAI in 1995. The Council recommended apportionment of the TAC for Atka 
mackerel among the AI management districts and the Bering Sea relative 
to survey biomass estimates: 10,000 mt in the western area; 44,525 mt 
in the central area; and 13,475 mt in the eastern area and Bering Sea 
combined.

Proposed TAC Specifications

    The Council developed its TAC recommendations (Table 1) based on 
the preliminary ABCs as adjusted for other biological and socioeconomic 
considerations, including maintaining the total TAC in the required OY 
range of 1.4-2.0 million mt. Each of the Council's recommended TACs for 
1995 is equal to or less than the final 1995 ABC for each species 
category. Therefore, NMFS finds that the recommended proposed TACs are 
consistent with the biological condition of groundfish stocks. The 
preliminary ABCs, TACs, initial TACs (ITACs), overfishing levels, and 
initial apportionments of groundfish in the BSAI area for 1995 are 
given in Table 1 of this action. The apportionment of TACs among 
fisheries and seasons is discussed below.

Apportionment of TAC

    As required by Sec. 675.20(a)(3) and (a)(7)(i), each species' TAC 
initially is reduced by 15 percent, except the hook-and-line and pot 
gear allocation for sablefish. The sum of these 15 percent amounts is 
the reserve. The reserve is not designated by species or species group, 
and any amount of the reserve may be reapportioned to a target species 
or the ``other species'' category during the year, providing that such 
reapportionments do not result in overfishing.
    The ITAC for each target species and the ``other species'' category 
at the beginning of the year is apportioned between the domestic annual 
harvest (DAH) category and the total allowable level of foreign fishing 
(TALFF), if any. Each DAH amount is further apportioned between two 
categories of U.S. fishing vessels. The domestic annual processing 
(DAP) category includes U.S. vessels that process their catch onboard 
or deliver it to U.S. fish processors. The joint venture processing 
(JVP) category includes U.S. fishing vessels working in joint ventures 
with foreign processing vessels authorized to receive catches in the 
exclusive economic zone.
    In consultation with the Council, the initial amounts of DAP and 
JVP are determined by the Director, Alaska Region, NMFS (Regional 
Director). Consistent with the final notices of 1991-94 initial 
specifications, the Council recommended that 1995 DAP specifications be 
set equal to ITAC and that zero amounts of groundfish be allocated to 
JVP and TALFF. In making this recommendation, the Council considered 
the capacity of DAP harvesting and processing operations and 
anticipated that 1995 DAP operations will harvest the full TAC 
specified for each BSAI groundfish species category. The proposed ABCs, 
TACs, ITACs, overfishing levels, and initial apportionments of 
groundfish in the BSAI area for 1995 are given in Table 1.
    These proposed specifications are subject to change as a result of 
public comment, analysis of the current biological condition of the 
groundfish stocks, and consultation with the Council at its meeting 
scheduled for December 7-11, 1994.
    Regulations at Sec. 675.20(a)(7)(i) require that one-fourth of each 
proposed ITAC and apportionment thereof, one-fourth of each PSC 
allowance, and the first seasonal allowance of pollock be in effect on 
January 1 on an interim basis, and remain in effect until superseded by 
publication of the final initial specifications in the Federal Register 
or until harvested. Proposed seasonal allowances of pollock and 
prohibited species bycatch allowances are discussed below. The interim 
ITAC specifications for the 1995 fishing year are 25 percent of the 
ITACs listed in Table 1. NMFS is publishing interim 1995 ITAC 
specifications as a separate document in the final rule section of 
today's Federal Register.

Seasonal Allowances of Pollock TAC

    Under Sec. 675.20(a)(2)(ii), the TAC of pollock for each subarea or 
district of the BSAI area is divided, after subtraction of reserves 
(Sec. 675.20(a)(3)), into two allowances. The first allowance will be 
available for directed fishing from January 1 to April 15 (roe season). 
The second allowance will be available from August 15 through the end 
of the fishing year (non-roe season). On September 26, 1994, a proposed 
rule was published in the Federal Register (59 FR 49051) that would 
delay the opening of the pollock roe season for the offshore component 
fishery to January 26th. If approved by NMFS, this season delay would 
be effective for the 1995 fishing year.
    In 1994 the seasonal allowance for the roe season was 45 percent 
and the non-roe season 55 percent for the BS pollock fisheries. The 
pollock TACs specified for the AI subarea and the Bogoslof District 
were not seasonally apportioned. For 1995, the Council is considering 
an alternative to the 1994 seasonal allowance that reduces the 
allowance for pollock fisheries in the BS during the roe season to 40 
percent and increases the pollock non-roe allowance to 60 percent 
(Table 2). The Council declined to choose an alternative until its 
December 1994 meeting. Regulations at Sec. 675.20(a)(7)(i) require that 
the first seasonal allowance of pollock be in effect on January 1 on an 
interim basis, and remain in effect until superseded by publication of 
the final initial specifications in the Federal Register. NMFS proposes 
seasonal allowances of 45 percent of the pollock ITAC specified for 
each management subarea or district during the roe season and 55 
percent during the non-roe season, but notes that these allowances are 
subject to change as a result of public comment and consultation with 
the Council at its December 1994 meeting.
    When specifying seasonal allowances of the pollock TAC, the Council 
and NMFS consider the following nine factors as specified in section 
14.4.10 of the FMP:
    1. Estimated monthly pollock catch and effort in prior years;
    2. Expected changes in harvesting and processing capacity and 
associated pollock catch;
    3. Current estimates of, and expected changes in, pollock biomass 
and stock conditions; conditions of marine mammal stocks; and biomass 
and stock conditions of species taken as bycatch in directed pollock 
fisheries;
    4. Potential impacts of expected seasonal fishing for pollock on 
pollock stocks, marine mammals, and stocks and species taken as bycatch 
in directed pollock fisheries;
    5. The need to obtain fishery-related data during all or part of 
the fishing year;
    6. Effects on operating costs and gross revenues;
    7. The need to spread fishing effort over the year, minimize gear 
conflicts, and allow participation by various elements of the 
groundfish fleet and other fisheries;
    8. Potential allocative effects among users and indirect effects on 
coastal communities; and
    9. Other biological and socioeconomic information that affects the 
consistency of seasonal pollock harvests with the goals and objectives 
of the FMP.
    NMFS requests comments on the effects of the options for the 
seasonal allowances being considered by the Council with respect to 
these nine factors.

Apportionment of the Pollock TAC to the Inshore and Offshore 
Components

    Regulations at Sec. 675.20(a)(2)(iii) require that the proposed 
1995 pollock ITAC specified for the BSAI be allocated 35 percent to 
vessels catching pollock for processing by the inshore component and 65 
percent to vessels catching pollock for processing by the offshore 
component (Table 2). Definitions of these components are found at 
Sec. 675.2.

                       Table 2.--Proposed Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TACs1,2                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Roe season4                    Non-roe season5        
                        Subarea                               TAC            ITAC3     -----------------------------------------------------------------
                                                                                              45%             40%             55%              60%      
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:                                                                                                                                             
    Inshore...........................................  ..............         395,675         178,054         158,270         217,621  237,405         
    Offshore..........................................  ..............         734,825         330,671         293,930         404,154  440,895         
        Total.........................................       1,330,000       1,130,500         508,725         452,200         621,775  678,300         
Aleutian Islands:                                                                                                                                       
    Inshore...........................................  ..............          16,838  ..............          16,838  ..............  Remainder.      
    Offshore..........................................  ..............          31,272  ..............          31,272  ..............  Do.             
        Total.........................................          56,600          48,110  ..............          48,110  ..............  Do.             
Bogoslof:                                                                                                                                               
    Inshore...........................................  ..............             298  ..............             298  ..............  Do.             
    Offshore..........................................  ..............             552  ..............             552  ..............  Do.             
        Total.........................................           1,000             850  ..............             850  ..............  Do.             
--------------------------------------------------------------------------------------------------------------------------------------------------------
1TAC=total allowable catch.                                                                                                                             
2Based on an offshore component allocation of 0.65(TAC) and an inshore component allocation of 0.35(TAC).                                               
3ITAC=initial TAC=0.85 of TAC.                                                                                                                          
4January 1 through April 15--based on a 45/55 or 40/60 split (roe=45 percent or 40 percent).                                                            
5August 15 through December 31--based on a 45/55 or 40/60 split (non-roe=55 percent or 60 percent).                                                     

Apportionment of the Pollock TAC to the Western Alaska Community 
Development Quota

    Regulations at Sec. 675.20(a)(3)(ii) require one-half of the 
pollock TAC to be placed in the reserve for each subarea or district, 
or 7.5 percent of each TAC to be assigned to a Community Development 
Quota (CDQ) reserve for each subarea or district. Given the proposed 
pollock TACs specified in Table 1, the 1995 CDQ reserve amounts for 
each subarea are as follows:

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

    Under regulations governing the CDQ program at Sec. 675.27, NMFS 
may allocate the 1995 pollock CDQ reserves to eligible Western Alaska 
communities or groups of communities that have an approved Community 
Development Plan (CDP). The State of Alaska received six CDP 
applications pursuant to Sec. 675.27 and State of Alaska regulations at 
6 AAC 93. All six applications were submitted in conformance with both 
sets of regulations and have been fully reviewed by the State. Pending 
approval by NMFS, 1995 allocations of the CDQ reserve to the successful 
CDP recipients will be published in the Federal Register prior to the 
1995 fishing year.

Apportionment of Pollock TAC to the Nonpelagic Trawl Gear Fishery

    Regulations at Sec. 675.24(c)(2) authorize NMFS, in consultation 
with the Council, to limit the amount of pollock TAC that may be taken 
in the directed fishery for pollock using nonpelagic trawl gear. This 
authority is intended to reduce the amount of halibut and crab bycatch 
that occurs in nonpelagic trawl operations.
    Regulations at Sec. 675.7 were implemented to limit the bycatch of 
halibut and crab more effectively when directed fishing for pollock 
with nonpelagic trawl gear is closed. However, continued reports of 
high PSC have led the Council to consider an apportionment of the 
pollock TACs to nonpelagic and pelagic trawl gears, as authorized under 
Sec. 675.24(c)(2). The Council deferred recommending an allocation of 
the pollock TACs to vessels using nonpelagic trawl gear until its 
December 1994 meeting, when NMFS will provide information concerning 
prohibited species bycatch amounts in the pelagic and nonpelagic trawl 
gear fisheries.

Proposed Allocation of the Pacific cod TAC

    Under Sec. 675.20(a)(2)(iv), 2 percent of the Pacific cod ITAC is 
allocated to vessels using jig gear, 44 percent to vessels using hook-
and-line gear, and 54 percent to vessels using trawl gear. At its 
September 1994 meeting, the Council proposed a seasonal apportionment 
of the portion of the Pacific cod TAC allocated to the hook-and-line 
and pot gear fisheries. The seasonal apportionments are intended to 
provide for the harvest of Pacific cod when flesh quality and market 
conditions are optimum and Pacific halibut bycatch rates are low. The 
Council's recommendations for seasonal apportionments are set out in 
Table 3 and are unchanged from the seasonal apportionments specified 
for 1994 (59 FR 4009, January 28, 1994; 59 FR 21673, April 26, 1994). 
These seasonal apportionments are based on: (1) Seasonal distribution 
of Pacific cod relative to prohibited species distributions, (2) 
expected variations in prohibited species bycatch rates experienced in 
the Pacific cod fisheries throughout the year, and (3) economic effects 
of any seasonal apportionment of Pacific cod on the hook-and-line and 
pot gear fisheries.

                         Table 3.--1995 Gear Shares of the BSAI Pacific Cod Initial TAC                         
----------------------------------------------------------------------------------------------------------------
                                                                             Seasonal apportionment             
                  Gear                     Percent    Share of -------------------------------------------------
                                            of TAC   ITAC (mt)            Date             Percent   Amount (mt)
----------------------------------------------------------------------------------------------------------------
Jig.....................................          2      3,247  Jan. 1-Dec. 31..........        100        3,247
Hook-and-line/pot gear..................         44     71,434  Jan. 1-Apr. 30..........         90      164,290
                                                                May 1-Aug. 31...........         10        7,143
                                                                Sep. 1-Dec. 31..........        (2)          (2)
Trawl Gear..............................         54     87,669  Jan. 1-Dec. 31..........        100       87,669
Total...................................        100   162,350                                                   
----------------------------------------------------------------------------------------------------------------
1Any portion of the first seasonal apportionment that is not harvested by the end of the first season will      
  become available on September 1, the beginning of the third season.                                           
2Remainder.                                                                                                     

Sablefish Gear Allocation

    Regulations under Sec. 675.24(c)(1) allocate sablefish TACs for 
BSAI subareas between gear types. Regulations under Sec. 676.24(b) 
require NMFS to withhold 20 percent of the hook-and-line and pot gear 
sablefish allocation as a sablefish CDQ reserve. Gear allocations of 
sablefish TACs and CDQ reserve are specified in Table 4.

                        Table 4.--1995 Gear Shares and CDQ Reserve of BSAI Sablefish TAC                        
----------------------------------------------------------------------------------------------------------------
                                                                                          Initial               
            Subarea                          Gear               Percent of   Share of       TAC       CDQ share 
                                                                 TAC (mt)    TAC (mt)     (mt)\1\               
----------------------------------------------------------------------------------------------------------------
Bering Sea\2\.................  Trawl.........................          50         270         230  N/A.        
                                Hook-and-line/pot gear........          50         270         216  54.         
    Total.....................  ..............................  ..........  ..........         446  ............
Aleutian Islands..............  Trawl.........................          25         700         595  N/A.        
                                Hook-and-line/pot gear........          75       2,100       1,680  420.        
    Total.....................  ..............................  ..........  ..........       2,275  ............
----------------------------------------------------------------------------------------------------------------
1Except for the sablefish hook-and-line and pot gear allocation 0.15 of TAC is apportioned to reserve. For the  
  portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 0.20 of the allocated TAC  
  is reserved for use by CDQ participants, therefore, ITAC is the remainder of the TAC after the subtraction of 
  these reserves.                                                                                               
2Includes Bogoslof District.                                                                                    

Allocation of PSC Limits for Crab, Halibut, and Herring

    PSC limits of red king crab and C. bairdi Tanner crab in Bycatch 
Limitation Zones (50 CFR 675.2) of the BS subarea, and for Pacific 
halibut throughout the BSAI area are specified under Sec. 675.21(a). At 
this time, the 1995 PSC limits are:
    1. Zone 1 trawl fisheries, 200,000 red king crabs;
    2. Zone 1 trawl fisheries, 1 million C. bairdi Tanner crabs;
    3. Zone 2 trawl fisheries, 3 million C. bairdi Tanner crabs;
    4. BSAI trawl fisheries, 3,775 mt mortality of Pacific halibut;
    5. BSAI nontrawl fisheries, 900 mt mortality of Pacific halibut, 
pending the implementation of the IFQ program; and
    6. BSAI trawl fisheries, 1,962 mt Pacific herring.
    The PSC limit of Pacific herring caught while conducting any trawl 
operation for groundfish in the BSAI is 1 percent of the annual eastern 
Bering Sea herring biomass. At this time, the best estimate of 1995 
herring biomass is 196,200 mt. This amount was derived using 1993 
survey data and an age-structured biomass projection model developed by 
the Alaska Department of Fish and Game (ADF&G). Therefore, the proposed 
herring PSC limit for 1994 is 1,962 mt. This value is subject to 
change, pending an updated forecast analysis of 1994 herring survey 
data that will be presented to the Council by the ADF&G during the 
Council's December 1994 meeting.
    Regulations under Sec. 675.21(b) authorize the apportionment of 
each PSC limit into PSC allowances for specified fishery categories. 
Regulations at Sec. 675.21(b)(1)(iii) specify seven fishery categories 
(midwater pollock, Greenland turbot/arrowtooth flounder/sablefish, rock 
sole/other flatfish, yellowfin sole, rockfish, Pacific cod, and bottom 
pollock/Atka mackerel/``other species''). Regulations at 
Sec. 675.21(b)(2) authorize the apportionment of the nontrawl halibut 
PSC limit among three fishery categories (Pacific cod hook-and-line 
fishery, groundfish pot gear fishery, and other nontrawl fisheries). 
The PSC allowances are listed in Table 5. In general, the fishery 
bycatch allowances listed in Table 5 reflect the recommendations made 
to the Council by its AP. These recommendations are unchanged from 1994 
and were based on 1993 and 1994 bycatch amounts, anticipated 1995 
harvest of groundfish by trawl gear and fixed gear, and assumed halibut 
mortality rates in the different groundfish fisheries based on analyses 
of 1991-1993 observer data. As in 1994, the Council proposed to exempt 
the 1995 pot gear fisheries from halibut bycatch restrictions.
    At its September 1994 meeting, the Council also recommended that 
NMFS initiate rulemaking that would authorize exemption of the hook-
and-line sablefish fishery from the halibut PSC limit established for 
the BSAI nontrawl fisheries. The Council recommended this because of 
the 1995 implementation of the sablefish and halibut Individual Fishing 
Quota (IFQ) program, which would allow legal-sized halibut to be 
retained in the sablefish fishery. NMFS is preparing a proposed rule to 
implement the Council's recommendation and to authorize the exemption 
of the BSAI jig gear fisheries from the halibut PSC limit.
    Regulations at Sec. 675.20(a)(7)(i) require that one-fourth of each 
proposed PSC allowance be made available on an interim basis for 
harvest at the beginning of the fishing year, until superseded by the 
final initial specifications or until harvested. These interim PSC 
bycatch allowances are 25 percent of the annual allowances listed in 
Table 5.

Table 5.--Preliminary 1995 Prohibited Species Bycatch Allowances for the
                    BSAI Trawl and Nontrawl Fisheries                   
------------------------------------------------------------------------
                              Zone 1          Zone 2         BSAI-wide  
------------------------------------------------------------------------
     Trawl Fisheries                                                    
                                                                        
Red king crab, number of                                                
 animals:                                                               
    Yelllowfin sole.....          40,000  ..............  ..............
    Rocksol/other                                                       
     flat\1\............         110,000  ..............  ..............
    Rockfish............               0  ..............  ..............
    Turb/arrow/sab\2\/ro                                                
     ckfish.............               0  ..............  ..............
    Pacific cod.........          10,000  ..............  ..............
    Plck/Atka/othr\3\...          40,000  ..............  ..............
                         -----------------                              
        Total...........         200,000  ..............  ..............
                         =================                              
C. bairdi Tanner crab,                                                  
 number of animals:                                                     
    Yellowfin sole......         175,000       1,275,000  ..............
    Rcksol/oth.flat.....         475,000         260,000  ..............
    Turb/arrow/sabl.....               0           5,000  ..............
    Rockfish............               0          10,000  ..............
    Pacific cod.........         175,000         200,000  ..............
    Plck/Atka/othr......         175,000       1,250,000  ..............
                         ---------------------------------              
        Total...........       1,000,000       3,000,000  ..............
                         =================================              
Pacific halibut,                                                        
 mortality (mt):                                                        
    Yellowfin sole......  ..............  ..............             592
    Rcksol/oth.flat.....  ..............  ..............             688
    Turb/arrow/sabl.....  ..............  ..............             137
    Rockfish............  ..............  ..............             201
    Pacific cod.........  ..............  ..............           1,200
    Plck/Atka/othr......  ..............  ..............             957
                         -----------------------------------------------
        Total...........  ..............  ..............           3,775
                         ===============================================
Pacific herring, mt:                                                    
    Midwater pollock....  ..............  ..............           1,419
    Yellowfin sole......  ..............  ..............             332
    Rcksol/oth.flat.....  ..............  ..............               0
    Turb/arrow/sabl.....  ..............  ..............               0
    Rockfish............  ..............  ..............               8
    Pacific cod.........  ..............  ..............              25
    Plck/Atka/othr\4\...  ..............  ..............             178
                         -----------------------------------------------
        Total...........  ..............  ..............           1,962
                         ===============================================
   Nontrawl Fisheries                                                   
                                                                        
Pacific halibut,                                                        
 mortality (mt):                                                        
    Pacific cod Hook-and-                                               
     line...............  ..............  ..............             725
    Other nontrawl......  ..............  ..............             175
    Groundfish pot gear.  ..............  ..............           (\5\)
                         -----------------------------------------------
        Total...........  ..............  ..............            900 
------------------------------------------------------------------------
\1\Rock sole and other flatfish fishery category. A technical amendment 
  to add flathead sole to this fishery category will be prepared by NMFS
  if the Council makes a final recommendation at its December 1994      
  meeting to break out flathead sole from the ``other flatfish'' species
  group (see Table 1).                                                  
\2\Greenland turbot, arrowtooth flounder, and sablefish fishery         
  category.                                                             
\3\Pollock, Atka mackerel, and ``other species'' fishery category.      
\4\Pollock other than midwater pollock, Atka mackerel, and ``other      
  species'' fishery category.                                           
\5\Exempt.                                                              

    At its September 1994 meeting, the Council recommended that the 
proposed halibut bycatch allowances listed in Table 5 be apportioned 
seasonally as shown in Table 6. These seasonal bycatch apportionments 
are unchanged from 1994 and prohibited species bycatch allowances and 
the seasonal apportionment of those allowances will be subject to 
change at the December 1994 Council meeting, pending public comments, 
year-to-date information on bycatch performance and updated information 
on anticipated fishing patterns in 1994.
    For purposes of monitoring the fishery halibut bycatch mortality 
allowances specified in Table 6, the Regional Director will use 
observed halibut bycatch rates and reported and observed groundfish 
catch to project when a fishery's halibut bycatch mortality allowance 
is reached. The Regional Director monitors the fishery bycatch 
mortality allowances using assumed mortality rates that are based on 
the best information available.

 Table 6.--Proposed Seasonal Apportionments of the 1995 Pacific Halibut 
      Bycatch Allowances for the BSAI Trawl and Nontrawl Fisheries      
------------------------------------------------------------------------
                                                        Seasonal bycatch
                        Fishery                          allowances (mt 
                                                            halibut)    
------------------------------------------------------------------------
                      Trawl Gear                                        
                                                                        
Yellowfin sole:                                                         
  Jan. 20-July 31.....................................  230             
  Aug. 1-Dec. 31......................................  362             
    Total.............................................  592             
Rock sole/``other flatfish'':\1\                                        
  Jan. 20-Mar. 31.....................................  428             
  Apr. 1-June 30......................................  180             
  July 1-Dec. 31......................................  80              
    Total.............................................  688             
Turbot/arrowtooth flounder/                                             
sablefish:                                                              
    Total.............................................  137             
Rockfish:                                                               
  Jan. 20-Mar. 31.....................................  40              
  Apr. 1-June 30......................................  120             
  July 1-Dec. 31......................................  41              
    Total.............................................  201             
Pacific cod:                                                            
  Jan. 20-Dec. 31.....................................  1,200           
    Total.............................................  1,200           
Pollock/Atka mackerel/                                                  
``other species'':                                                      
  Jan. 20-Apr. 15.....................................  430             
  Apr. 16-Dec. 31.....................................  527             
    Total.............................................  957             
    Total Trawl Halibut Mortality.....................                  
                                                        3,775           
                     Nontrawl Gear                                      
                                                                        
Pacific cod:                                                            
  Jan. 1-Apr. 30......................................  685             
  May. 1-Aug. 31......................................  40              
  Sep. 1-Dec. 31......................................  Remainder       
    Total.............................................  725             
Other nontrawl........................................  175             
Groundfish pot........................................  Exempt          
    Total Nontrawl Halibut Mortality..................  900             
------------------------------------------------------------------------
\1\Rock sole and other flatfish category. A technical amendment to add  
  flathead sole to this fishery category will be prepared by NMFS if the
  Council makes a final recommendation at its December 1994 meeting to  
  break out flathead sole from the ``other flatfish'' species group (see
  Table 1).                                                             

    Assumed halibut mortality rates recommended by the International 
Pacific Halibut Commission (IPHC) for the 1995 BSAI groundfish 
fisheries are listed in Table 7. These mortality rates are based on an 
average of mortality rates determined from NMFS observer data collected 
during 1992 and 1993, except for the BSAI trawl arrowtooth flounder and 
Greenland turbot fisheries, which are based on data from 1990 and 1991 
because 1992-93 rates were not available. The Council proposed that 
revised halibut discard mortality rates recommended by the IPHC be 
adopted for purposes of monitoring halibut bycatch mortality limits 
established for the 1995 groundfish fisheries.
    The IPHC determined that the careful release measures implemented 
for vessels using hook-and-line gear did not show appreciable 
improvements in mortality rates and has recommended one rate for both 
observed and unobserved vessels in the hook-and-line fisheries. This 
action was approved by the Council.
    For most fisheries, the 1992-93 averages, on which the 1995 
recommendations are based, are somewhat higher than the actual rates 
used in 1994. This occurs because the rates used in 1994 were unchanged 
from the 1993 rates, which had been derived from data for 1990 and 
1991. After the December 1994 Council meeting, NMFS will consider all 
available data and will publish preseason assumed halibut mortality 
rates in the Federal Register announcing the final 1995 initial 
specifications of groundfish TACs.

 Table 7.--Assumed Pacific Halibut Mortality Rates Proposed for the BSAI
                          Fisheries During 1995                         
------------------------------------------------------------------------
                                                                Assumed 
                                                               mortality
                                                               (percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:                                           
  BSAI Pacific cod...........................................         18
  BSAI sablefish.............................................         17
  BSAI rockfish..............................................         24
  BSAI Greenland turbot......................................         19
Trawl gear fisheries:                                                   
  Midwater pollock...........................................         89
  Rock sole/other flatfish\1\................................         75
  Bottom pollock.............................................         77
  Atka mackerel..............................................         59
  Other species..............................................         60
  Rockfish...................................................         69
  Greenland turbot...........................................         48
  Sablefish..................................................         49
  Yellowfin sole.............................................         76
Pot gear fisheries: Pacific cod..............................         8 
------------------------------------------------------------------------
\1\Rock sole and other flatfish fishery category. A technical amendment 
  to add flathead sole to this fishery category will be prepared by NMFS
  if the Council makes a final recommendation at its December 1994      
  meeting to break out flathead sole from the ``other flatfish'' species
  group (see Table 1).                                                  

Groundfish PSC Limits

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

Closures to Directed Fishing

    If the Regional Director establishes a directed fishing allowance, 
and that allowance is or will be reached before the end of the fishing 
year, or, with respect to pollock, before the end of the fishing 
season, NMFS will prohibit directed fishing for that species or species 
group in the specified subarea or district under Sec. 675.20(a)(8). The 
Regional Director has determined that interim TAC amounts of groundfish 
will be necessary as incidental catch to support other anticipated 
groundfish fisheries prior to the time that final specifications of 
groundfish are in effect for the 1995 fishing year, and will publish 
closures to directed fishing as part of the interim 1995 ITAC 
specifications in the final rule section of the Federal Register.

Classification

    This action is authorized under 50 CFR 611.93(b), 675.20, and 676; 
and is exempt from review under E.O. 12866.
    A draft environmental assessment (EA) on the allowable harvest 
levels set forth in the final 1994 SAFE Report will be available for 
public review at the December 7-11, 1994, Council meeting. After the 
December meeting, a final EA will be prepared on the final 1995 TAC 
amounts recommended by the Council.
    Consultation pursuant to section 7 of the Endangered Species Act 
has been initiated for the 1995 BSAI initial specifications.

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

    Dated: December 9, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-30727 Filed 12-9-94; 4:22 pm]
BILLING CODE 3510-22-P