[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Proposed Rules]
[Pages 20952-20959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10502]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 672, 675, and 676

[Docket No. 940414104-5104-01; I.D. 110194B]
RIN 0648-AF53


Groundfish of the Gulf of Alaska; Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area; Maximum Retainable Bycatch 
Amounts

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes revised regulations for directed fishing 
standards in the groundfish fisheries in the Gulf of Alaska (GOA) and 
the Bering Sea and Aleutian Islands management area (BSAI). The 
proposed rule would simplify and clarify the regulations. In place of 
directed fishing standards, the proposed rule would specify retainable 
percentages from which the maximum amounts of fish that may be retained 
as bycatch in fisheries that are closed to directed fishing can be 
derived. The proposed changes are expected to promote compliance with 
groundfish regulations and to facilitate enforcement efforts. This 
action is intended to further the objectives of the fishery management 
plans (FMPs) for the groundfish fisheries off Alaska.

DATES: Comments must be submitted by May 30, 1995.

ADDRESSES: Comments must 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 prepared for this action may be 
obtained from the same address.

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

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone (EEZ) of the GOA and the BSAI are managed by 
NMFS in accordance with the Fishery Management Plan for Groundfish of 
the Gulf of Alaska and the Fishery Management Plan for the Groundfish 
Fishery of the Bering Sea and Aleutian Islands. The FMPs were prepared 
by the North Pacific Fishery Management Council (Council) under the 
Magnuson Fishery Conservation and Management Act (Magnuson Act).
    The FMPs are implemented by regulations that appear at 50 CFR parts 
672, 675, and 676. General regulations that also govern the groundfish 
fisheries appear at 50 CFR part 620. These fishery regulations 
generally distinguish between fish taken in directed fishing efforts 
and fish of other species that are taken incidentally, sometimes 
referred to as ``bycatch.''
    Typically, a fishery for a certain species is open to directed 
fishing until specified amounts of that species are taken or are 
projected to be taken, at which point the fishery is closed to directed 
fishing. Once a fishery for a particular species is closed to directed 
fishing, that species may be retained only as bycatch in fisheries for 
other species that remain open. The current fishery regulations specify 
standards for determining what constitutes directed fishing, and the 
proportions of retained catches that represent allowable bycatch 
levels. Once the catch of a species exceeds, or is projected to exceed, 
its total allowable catch (TAC) limit, that species may not be retained 
and must be discarded at sea.
    Current regulations at 50 CFR 672.20(g) and 675.20(h) specify a 
large number of species-, area-, gear-, and management goal-specific 
directed fishing standards for the GOA and BSAI, respectively. The 
current regulations define directed fishing in terms of the proportion 
of the retained catch of one species in relationship to the retained 
catch of other species. Directed fishing standards range from 1 percent 
to 35 percent with a general default of 20 percent. Under current 
regulations arrowtooth flounder may not be used to calculate retainable 
amounts of other groundfish species because arrowtooth flounder was 
sometimes being harvested solely for the purpose of providing directed 
catch against which retainable bycatch quantities were calculated and 
accumulated.
    These regulations were intended to reduce harvest rates of 
groundfish species when their TAC limits are being approached. At the 
same time, the directed fishing standards were intended to reduce waste 
and minimize the need to discard fish at sea by allowing retention of 
incidental groundfish bycatch, after closure of the directed fishery 
until the TAC limit is achieved.
    In spite of increased specificity, directed fishing standards have 
often failed to prevent overharvest or underharvest of groundfish. 
Furthermore, the existing regulations have not eliminated undesirable 
fishing [[Page 20953]] practices, such as covert targeting on high 
value species after fishery closures or wasteful discarding. Therefore, 
at its June 1994 meeting, the Council requested that NMFS revise the 
regulations defining directed fishing standards.
    This proposed regulatory amendment does not use the term ``directed 
fishing standard.'' Instead, the proposed rule would provide tables of 
retainable percentages for each bycatch species/basis species 
combination, from which the maximum retainable bycatch amount could be 
calculated. The maximum retainable bycatch amount is the amount, in 
round-weight equivalents, of a species or species group that a vessel 
may retain on board at any time during a fishing trip. Retention in 
excess of this amount constitutes directed fishing.
    This rule would establish a single retainable percentage for each 
bycatch species/basis species combination, regardless of gear type or 
management area. Thus, the rule would establish the same retainable 
percentages for trawl, hook-and-line, pot, and other gear types. The 
same retainable percentages would be specified for the GOA and BSAI, 
with separate tables to reflect the differences in species groupings 
between the two areas.
    Therefore, the proposed regulations would be simpler to apply than 
those currently in place.
    Details of the proposed changes in this regulatory amendment 
follow.

Specific Changes

    1. To satisfy the Council's intent for simplification and 
consistency, the proposed rule would add new tables to Secs. 672.20 and 
675.20. These tables display bycatch species as columns and species 
open to directed fishing (basis species) as rows. Each species open to 
directed fishing retained on board a vessel would become a basis 
species from which individual retainable bycatch amounts for the 
bycatch species would be measured. The individual retainable bycatch 
amount would be calculated by multiplying the retainable percentage in 
the appropriate block of the table by the round-weight equivalent of 
the corresponding basis species. The maximum retainable bycatch amount 
for a given bycatch species would be the sum of all the individual 
retainable bycatch amounts for the various basis species retained on 
board the vessel.
    Directed fishing would be defined as any fishing activity that 
results in the retention of an amount of that species or species group 
on board a vessel that is greater than the maximum retainable bycatch 
amount for that species or species group as calculated under 
Secs. 672.20 and 675.20.
    Current regulations indicate that when a fishery is closed to 
directed fishing, a vessel may retain bycatch in an amount up to, but 
not including, the amount that is calculated using the directed fishing 
standards. Under the proposed rule, the maximum retainable bycatch 
amount could equal the calculated amount.
    The maximum retainable bycatch amount for a bycatch species is 
calculated for a vessel in relation to the amounts of basis species 
that are retained on that vessel. Bycatch species are listed on the 
horizontal axis of the table and are identified by column headings at 
the top of each table. A bycatch species would be any species or 
species group for which a maximum retainable bycatch amount would need 
to be calculated when a fishery is closed to directed fishing, or under 
other circumstances.
    Any species or species group that is open to directed fishing and 
that the vessel is authorized to harvest would be considered a ``basis 
species.'' Basis species are listed on the vertical axis of the table 
and are identified as row headings on the left side of Table 2 to 
Sec. 672.20 or Table 1 to Sec. 675.20 of the proposed rule. The 
retainable percentages for each bycatch species/basis species 
combination are contained in each table block (row and column 
intersection of the box). These retainable percentages range from 0 to 
35 percent.
    To calculate the maximum retainable bycatch amount for each bycatch 
species, individual retainable bycatch amounts would be calculated by 
multiplying the retainable percentage set forth in the tables of the 
proposed rule (Table 2 to Sec. 672.20 and Table 1 to Sec. 675.20) by 
the amount of each basis species retained on board a vessel, in round-
weight equivalents. Then the total or maximum retainable bycatch amount 
would be determined by adding together the individual retainable 
bycatch amounts calculated for each bycatch species in relation to each 
basis species retained on board the vessel.
    For example, if a vessel in the BSAI is fishing in an area that is 
open to directed fishing for pollock, Pacific cod and Pacific ocean 
perch, but is closed to directed fishing for yellowfin sole and 
Greenland turbot, and all of those species are retained on board the 
vessel, the maximum retainable bycatch amount of yellowfin sole would 
be calculated as follows using Table 1 of Sec. 675.20:
    a. The individual retainable bycatch amount of yellowfin sole (on 
the top of the table) in relation to pollock (on the left side of the 
table) would be determined by multiplying the retainable percentage for 
bycatch of yellowfin sole in relation to the basis species of pollock--
in this case 20 percent (the intersection of the yellowfin sole column 
and the pollock row in the table) by the amount of pollock retained, in 
round-weight equivalents.
    b. The individual retainable bycatch amount of yellowfin sole (on 
the top of the table) in relation to Pacific cod (on the left side of 
the table) would then be determined by multiplying the retainable 
percentage specified for bycatch of yellowfin sole in relation to the 
basis species of Pacific cod--in this case 20 percent (the intersection 
of yellowfin sole column and the Pacific cod row in the table) by the 
amount of Pacific cod retained, in round-weight equivalents.
    c. The same type of calculation would then be made with respect to 
Pacific ocean perch.
    d. The three amounts (for pollock, Pacific cod, and Pacific ocean 
perch) would then be added together to obtain the maximum retainable 
bycatch amount of yellowfin sole that could be retained on board the 
vessel.
    Similar calculations would be made to determine the maximum 
retainable bycatch amount of Greenland turbot, except that the 
retainable percentages for Greenland turbot in relation to pollock, 
Pacific cod, and Pacific ocean perch are 1 percent, 1 percent, and 35 
percent, respectively, based on Table 1 to Sec. 675.20. Again, the 
three amounts would be added together to calculate the maximum 
retainable bycatch amount of Greenland turbot that could be retained on 
board.
    2. Directed fishing standards based on groupings of fisheries 
categories would be eliminated (except for rockfish). Retainable 
percentages would be established that are species specific, except for 
rockfish, which would use percentages applied to the aggregate 
grouping. Consistent with existing regulations at Secs. 672.20(g)(2) 
and 675.20(h)(3)(iii), rockfish, except demersal shelf rockfish, would 
continue to be aggregated to prevent ``topping off'' of individual 
rockfish species that are closed to directed fishing. Definitions of 
groundfish species may be found in the final 1995 groundfish harvest 
specifications for the BSAI (60 FR 8479, February 14, 1995) and GOA (60 
FR 8470, February 14, 1995). One retainable percentage would apply for 
all gear types, such as trawl, hook-and-line, pot, and jig gear. A 
separate table would be published at Secs. 672.20(g) and 
[[Page 20954]] 675.20(h) to accommodate distinctions between species 
groupings that are specific to the different management areas.
    3. The separate directed fishing standard for vessels using pelagic 
trawl gear would be eliminated. Instead, one retainable percentage for 
each bycatch species/basis species combination would be specified. The 
existing directed fishing standard for pelagic trawl gear was intended 
to be effective after the directed fishery for pollock by vessels using 
bottom trawl gear was closed because a prohibited species bycatch 
allowance, specified for the pollock fishery, had been reached. The 
intent of the existing directed fishing standard was to encourage 
vessel operators using pelagic trawl gear to conduct midwater 
operations and avoid contact with the seabed and, therefore, avoid 
additional bycatch amounts of halibut and crab.
    Since the directed fishing standard for pelagic trawl gear was 
implemented, several new regulatory measures have been implemented to 
monitor and enforce off-bottom trawl operations more effectively during 
the period when directed fishing for pollock with bottom trawl gear is 
closed. These measures include a revised definition of pelagic trawl 
gear (Secs. 672.2 and 675.2, definitions of, ``Authorized fishing 
gear'') and a new performance standard for pelagic trawl gear based on 
the number of crab on board a vessel at any time (Secs. 672.7(m) and 
675.7(n)). These measures were implemented to control more effectively 
the type of fishing behavior that the directed fishing standard for 
pelagic trawl gear was intended to address. As a result of these recent 
measures, the current directed fishing standard for pelagic trawl gear 
arguably is redundant and unnecessarily complicates the issue of what 
constitutes directed fishing or the amount of a species that may be 
retained as bycatch. If information collected in the future indicates 
that additional performance standards are appropriate for pelagic trawl 
gear operations, it is likely that these standards would be developed 
and implemented separately from the proposed regulations governing the 
maximum amount of a species that may be retained as bycatch.
    4. The proposed rule would eliminate closures of fisheries for 
species in the aggregate under Sec. 675.21(c) and (d) when a prohibited 
species bycatch allowance is reached. Under current regulations, NMFS 
can close the fishery for an aggregate group of target species when a 
prohibited species bycatch allowance is attained. The default directed 
fishing standard of 20 percent for that aggregate group is then 
effective. This differs from the use of a directed fishing standard for 
a specific target species category to manage the harvest of species' 
TAC amounts.
    Under the proposed rule, once a prohibited species bycatch 
allowance is reached, the fishery for each species in the grouping 
would be closed individually. A single species specific retainable 
percentage would then apply. This change is consistent with the 
objective of simplifying the standards for directing fishing.
    For the following items 5 through 9, the proposed retainable 
percentages differ from the current directed fishing standards to 
represent a more accurate estimation of the observed bycatch rates and 
to simplify the regulations:
    5. The retainable percentage for sablefish would be 15 percent with 
respect to each deep-water target species (deep-water flatfish, rex 
sole, flathead sole, Pacific ocean perch, shortraker/rougheye, other 
rockfish, northern rockfish, pelagic rockfish, demersal shelf rockfish 
in the Southeast outside area, thornyhead, Greenland turbot, other 
rockfish, other red rockfish in the Bering Sea, sharpchin/northern-AI, 
and shortraker/ rougheye-AI), and 1 percent with respect to each other 
target species (pollock, Pacific cod, shallow-water flatfish, Atka 
mackerel and ``other species'').
    The retainable percentage for sablefish of 15 percent with respect 
to deep-water species would be higher than the directed fishing 
standard currently established for the BSAI trawl fisheries and the GOA 
hook-and-line fisheries. Historically, trawl vessels have not taken 
their TAC for sablefish and the Council believes that the current 
directed fishing standard is unnecessarily conservative.
    Currently, a vessel using hook-and-line gear in the GOA is 
considered to be engaged in directed fishing for sablefish if 4 percent 
or more of the total amount of fish on board the vessel are sablefish. 
The sablefish fishery will be managed under an individual fishing quota 
(IFQ) system in 1995. Sablefish will most likely be taken as bycatch in 
the Pacific cod fishery outside of the IFQ open season; therefore, a 
retainable percentage of 1 percent with respect to Pacific cod, which 
is a shallow-water species, would be appropriate. These considerations, 
together with the overall intent to simplify the regulations, support 
the proposed retainable percentage of 15 and 1 percent.
    6. The retainable percentage for Greenland turbot would be 35 
percent with respect to rockfish retained on board the vessel. 
Similarly, the retainable percentage for Greenland turbot would be 35 
percent with respect to sablefish retained on board the vessel. The 
retainable percentage for Greenland turbot would be 1 percent of each 
other target species on board the vessel.
    The Council recommended that the retainable percentage for BSAI 
Greenland turbot be 35 percent of deep-water flatfish, flathead sole, 
and rex sole retained on board the vessel. The final groundfish harvest 
specifications for the BSAI published February 14, 1995 (60 FR 8479) 
established a separate TAC category for flathead sole. A technical 
amendment published concurrently with the BSAI specifications 
established the retainable percentage for flathead sole as 35 percent. 
However, the other two groups currently are aggregated under the 
``other flatfish'' grouping to reflect the combined annual TAC 
specified for these species. To establish distinct retainable 
percentages for these other two species, the species must first be 
separated from the ``other flatfish'' grouping through the annual TAC 
specification process. Until this separation occurs, a distinct 
retainable percentage for these target species cannot be established.
    7. The retainable percentage for aggregated rockfish would be 15 
percent of deep-water target species (deep-water flatfish, rex sole, 
flathead sole, sablefish, rockfish, and Greenland turbot) and 5 percent 
of each other target species.
    The assignment of 15 percent for deep-water species, such as 
rockfish and sablefish, against flathead sole differs from the current 
BSAI regulations. Currrent regulations allow deep-water species to be 
retained at 1 percent against ``other flatfish'', from which flathead 
sole was separated in 1995. This could indicate that deep-water species 
should be allowed at 1 percent against flathead sole since it was 
separated from the ``other flatfish'' category. However, to maintain 
consistency with the GOA and with the Council's intent to allow 15 
percent against flathead sole, deep-water species such as rockfish and 
sablefish would be 15 percent against flathead sole for both the GOA 
and the BSAI.
    8. The retainable percentage for a species taken as bycatch, other 
than those specifically established above, would be 20 percent of each 
basis species. The retainable percentage for groundfish species 
measured against nongroundfish basis species would also be the default 
of 20 percent.
    9. Consistent with the Council intent to specify retainable 
percentages that are more representative of actual bycatch rates, the 
proposed rule would change [[Page 20955]] the retainable percentage for 
arrowtooth flounder from 20 percent to 35 percent of each basis species 
retained on board the vessel.

Classification

    The Assistant General Counsel of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
While the proposed rule would affect a substantial number of small 
entities, it would slightly lessen economic burdens on them by reducing 
the time required to calculate amounts of retainable groundfish bycatch 
and maintain required records. This lessening of burdens would not be 
economically significant for purposes of the Regulatory Flexibility 
Act.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Parts 672, 675, and 676

    Fisheries, Reporting and recordkeeping requirements.

    Dated: April 19, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

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

PART 672--GROUNDFISH OF THE GULF OF ALASKA

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

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

    2. In Sec. 672.2, the definition of ``Directed fishing'' is revised 
to read as follows:


Sec. 672.2  Definitions.

* * * * *
    Directed fishing means any fishing activity that results in the 
retention of an amount of a species or species group on board a vessel 
that is greater than the maximum retainable bycatch amount for that 
species or species group as calculated under Sec. 672.20 (g) and (h).
* * * * *
    3. In Sec. 672.20, the last sentence of paragraphs (c)(2)(i) and 
(c)(2)(ii), and paragraph (g) are revised, and new Table 2 is added at 
the end of this section to read as follows:


Sec. 672.20  General limitations.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * * If directed fishing for a species or species group is 
prohibited, any amount of that species or species group greater than 
the maximum retainable bycatch amount, as calculated under paragraph 
(g) of this section, may not be retained and must be treated as a 
prohibited species under paragraph (e) of this section.
    (ii) * * *If directed fishing for a species or species group is 
prohibited, any amount of that species or species group greater than 
the maximum retainable bycatch amount, as calculated under paragraph 
(g) of this section, may not be retained and must be treated as a 
prohibited species under paragraph (e) of this section.
* * * * *
    (g) Maximum retainable bycatch amounts. (1) The maximum retainable 
bycatch amount for a bycatch species or species group is calculated as 
a proportion of the basis species retained on board the vessel using 
the retainable percentages in Table 2 to this section. As used in this 
paragraph (g), ``bycatch species'' means any species or species group 
for which a maximum retainable bycatch amount is being calculated. As 
used in this paragraph (g), ``basis species'' means any species or 
species group that is open to directed fishing that the vessel is 
authorized to harvest.
    (2) If a fishery is closed to directed fishing, a vessel may not 
retain a bycatch species in an amount that exceeds that maximum 
retainable bycatch amount, as calculated under this paragraph (g), at 
any time during a fishing trip.
    (3) To calculate the maximum retainable bycatch amount for a 
specific bycatch species, an individual retainable bycatch amount must 
be calculated with respect to each basis species that is retained on 
board that vessel. To obtain these individual retainable bycatch 
amounts, the appropriate retainable percentage for the bycatch species/
basis species combination, set forth in Table 2 to this section, is 
multiplied by the amount of that basis species, in round-weight 
equivalents. The maximum retainable bycatch amount for that specific 
bycatch species consists of the sum of the individual retainable 
bycatch amounts.
* * * * *

                         Table 2 to Sec. 672.20.--Gulf of Alaska Retainable Percentages                         
----------------------------------------------------------------------------------------------------------------
                                                                 Bycatch species\1\                             
                                   -----------------------------------------------------------------------------
         Basis species\1\                                         Deep                    Flathead     Shallow  
                                      Pollock    Pacific cod    flatfish     Rex sole       sole       flatfish 
----------------------------------------------------------------------------------------------------------------
Pollock...........................        \2\na           20           20           20           20           20
Pacific cod.......................           20        \2\na           20           20           20           20
Deep-water flatfish...............           20           20        \2\na           20           20           20
Rex sole..........................           20           20           20        \2\na           20           20
Flathead sole.....................           20           20           20           20        \2\na           20
Shallow-water flatfish............           20           20           20           20           20        \2\na
Arrowtooth........................            0            0            0            0            0            0
Sablefish.........................           20           20           20           20           20           20
Pacific Ocean perch...............           20           20           20           20           20           20
Shortraker/rougheye...............           20           20           20           20           20           20
Other rockfish....................           20           20           20           20           20           20
Northern rockfish.................           20           20           20           20           20           20
Pelagic rockfish..................           20           20           20           20           20           20
DSR--Southeast outside............           20           20           20           20           20           20
Thornyhead........................           20           20           20           20           20           20
Atka mackerel.....................           20           20           20           20           20           20
Other species.....................           20           20           20           20           20           20
[[Page 20956]]                                                                                                  
                                                                                                                
Aggregated amount non-groundfish                                                                                
 species..........................           20           20           20           20           20           20
----------------------------------------------------------------------------------------------------------------
\1\For definition of species see Table 1 of the Gulf of Alaska groundfish specifications.                       
\2\na=not applicable.                                                                                           


                         Table 2 to Sec. 672.20.--Gulf of Alaska Retainable Percentages                         
----------------------------------------------------------------------------------------------------------------
                                                                 Bycatch species\1\                             
                                   -----------------------------------------------------------------------------
         Basis species\1\                                                      DSR                              
                                     Arrowtooth   Sablefish    Aggregated   southeast       Atka        Other   
                                                              rockfish\2\    outside      mackerel     species  
----------------------------------------------------------------------------------------------------------------
Pollock...........................           35            1            5           10           20           20
Pacific cod.......................           35            1            5           10           20           20
Deep-water flatfish...............           35           15           15            1           20           20
Rex sole..........................           35           15           15            1           20           20
Flathead sole.....................           35           15           15            1           20           20
Shallow-water flatfish............           35            1            5           10           20           20
Arrowtooth........................        \3\na            0            0            0            0            0
Sablefish.........................           35        \3\na           15            1           20           20
Pacific Ocean perch...............           35           15           15            1           20           20
Shortraker/rougheye...............           35           15           15            1           20           20
Other rockfish....................           35           15           15            1           20           20
Northern rockfish.................           35           15           15            1           20           20
Pelagic rockfish..................           35           15           15            1           20           20
DSR-Southeast outside.............           35           15           15        \3\na           20           20
Thornyhead........................           35           15           15            1           20           20
Atka mackerel.....................           35            1            5           10        \3\na           20
Other species.....................           35            1            5           10           20        \3\na
Aggregated amount non-groundfish                                                                                
 species..........................           35            1            5           10           20          20 
----------------------------------------------------------------------------------------------------------------
\1\For definition of species see Table 1 of the Gulf of Alaska groundfish specifications.                       
\2\Aggregated rockfish means rockfish of the general Sebastes and Sebastolobus except for demersal shelf        
  rockfish.                                                                                                     
\3\na=not applicable.                                                                                           

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

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

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

    5. In Sec. 675.2, the definition of ``Directed fishing'' is revised 
to read as follows:


Sec. 675.2  Definitions.

* * * * *
    Directed fishing means any fishing activity that results in the 
retention of an amount of a species or species group on board a vessel 
that is greater than the maximum retainable bycatch amount for that 
species or species group as calculated under Sec. 675.20 (h) and (i).
* * * * *
    6. In Sec. 675.20, the last sentence of paragraph (a)(8) and 
paragraph (h) are revised, and new Table 1 is added at the end of the 
section to read as follows:


Sec. 675.20  General limitations.

    (a) * * *
    (8) * * * If directed fishing for a species or species group is 
prohibited, any amount of that species or species group greater than 
the maximum retainable bycatch amount, as calculated under paragraph 
(h) of this section, may not be retained and must be treated as a 
prohibited species under paragraph (c) of this section.
* * * * *
    (h) Maximum retainable bycatch amounts. (1) The maximum retainable 
bycatch amount for a bycatch species or species group is calculated as 
a proportion of the basis species retained on board the vessel using 
the retainable percentages in Table 1 to this section. As used in this 
paragraph (h), ``bycatch species'' means any species or species group 
for which a maximum retainable bycatch amount is being calculated. As 
used in this paragraph (h), ``basis species'' means any species or 
species group that is open to directed fishing that the vessel is 
authorized to harvest.
    (2) If a fishery is closed to directed fishing, a vessel may not 
retain a bycatch species in an amount that exceeds that maximum 
retainable bycatch amount, as calculated under this paragraph (h), at 
any time during a fishing trip.
    (3) To calculate the maximum retainable bycatch amount for a 
specific bycatch species, an individual retainable bycatch amount must 
be calculated with respect to each basis species that is retained on 
board the vessel. To obtain these individual amounts, the appropriate 
retainable percentage for the bycatch species/basis species 
combination, set forth in Table 1 to this section, is multiplied by the 
amount of that basis species, in round-weight equivalents. The maximum 
retainable bycatch amount for that specific bycatch species consists of 
the sum of the individual retainable bycatch amounts.
* * * * *

                                                                                                                
[[Page 20957]]                                                                                                  
         Table 1 to Sec. 675.20.--Bering Sea and Aleutian Islands Management Area Retainable Percentages        
----------------------------------------------------------------------------------------------------------------
                                                                 Bycatch species\1\                             
                                   -----------------------------------------------------------------------------
         Basis species\1\                                                                Yellowfin      Other   
                                      Pollock       P. cod     Atka mack.   Arrowtooth      sole       flatfish 
----------------------------------------------------------------------------------------------------------------
Pollock...........................        \2\na           20           20           35           20           20
Pacific cod.......................           20        \2\na           20           35           20           20
Atka mackerel.....................           20           20        \2\na           35           20           20
Arrowtooth........................            0            0            0        \2\na            0            0
Yellowfin sole....................           20           20           20           35        \2\na           35
Other flatfish....................           20           20           20           35           35        \2\na
Rocksole..........................           20           20           20           35           35           35
Flathead sole.....................           20           20           20           35           35           35
Greenland turbot..................           20           20           20           35           20           20
Sablefish.........................           20           20           20           35           20           20
Other rockfish....................           20           20           20           35           20           20
Other red rockfish-BS.............           20           20           20           35           20           20
Pacific Ocean perch...............           20           20           20           35           20           20
Sharpchin/Northern--AI............           20           20           20           35           20           20
Shortraker/Rougheye--AI...........           20           20           20           35           20           20
Squid.............................           20           20           20           35           20           20
Other species.....................           20           20           20           35           20           20
Aggregated amount nongroundfish                                                                                 
 species..........................           20           20           20           35           20           20
----------------------------------------------------------------------------------------------------------------
\1\For definition of species see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.      
\2\na=not applicable.                                                                                           


                                                                                                                
         Table 1 to Sec. 675.20.--Bering Sea and Aleutian Islands Management Area Retainable Percentages        
----------------------------------------------------------------------------------------------------------------
                                                                        Bycatch species\1\                      
                Basis species\1\                 ---------------------------------------------------------------
                                                     Rocksole      Flathead sole    Grld turbot      Sablefish  
----------------------------------------------------------------------------------------------------------------
Pollock.........................................              20              20               1               1
Pacific cod.....................................              20              20               1               1
Atka mackerel...................................              20              20               1               1
Arrowtooth......................................               0               0               0               0
Yellowfin sole..................................              35              35               1               1
Other flatfish..................................              35              35               1               1
Rocksole........................................           \2\na              35               1               1
Flathead sole...................................              35           \2\na              35              15
Greenland turbot................................              20              20           \2\na              15
Sablefish.......................................              20              20              35           \2\na
Other rockfish..................................              20              20              35              15
Other red rockfish--BS..........................              20              20              35              15
Pacific Ocean perch.............................              20              20              35              15
Sharpchin/Northern--AI..........................              20              20              35              15
Shortraker/Rougheye--AI.........................              20              20              35              15
Squid...........................................              20              20               1               1
Other species...................................              20              20               1               1
Aggregated amount non-groundfish species........              20              20               1               1
----------------------------------------------------------------------------------------------------------------
\1\For definition of species see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.      
\2\na=not applicable.                                                                                           


         Table 1 to Sec. 675.20.--Bering Sea and Aleutian Islands Management Area Retainable Percentages        
----------------------------------------------------------------------------------------------------------------
                                                             Aggregated                                         
                    Basis species\1\                        rockfish\2\           Squid          Other species  
----------------------------------------------------------------------------------------------------------------
Pollock................................................                  5                 20                 20
Pacific cod............................................                  5                 20                 20
Atka mackerel..........................................                  5                 20                 20
Arrowtooth.............................................                  0                  0                  0
Yellowfin sole.........................................                  5                 20                 20
Other flatfish.........................................                  5                 20                 20
Rocksole...............................................                  5                 20                 20
Flathead sole..........................................                 15                 20                 20
Greenland turbot.......................................                 15                 20                 20
Sablefish..............................................                 15                 20                 20
Other rockfish.........................................                 15                 20                 20
Other red rockfish--BS.................................                 15                 20                 20
Pacific Ocean perch....................................                 15                 20                 20
Sharpchin/Northern--AI.................................                 15                 20                 20
[[Page 20958]]                                                                                                  
                                                                                                                
Shortraker/Rougheye--AI................................                 15                 20                 20
Squid..................................................                  5              \3\na                 20
Other species..........................................                  5                 20              \3\na
Aggregated amount non-groundfish species...............                  5                 20                 20
----------------------------------------------------------------------------------------------------------------
\1\For definition of species see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.      
\2\Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus.                                  
\3\na=not applicable.                                                                                           

    7. In Sec. 675.21, paragraphs (c)(1)(i) through (c)(1)(iii) and 
(c)(2) introductory text, and paragraph (d) are revised to read as 
follows:


Sec. 675.21  Prohibited species catch (PSC) limitations.

* * * * *
    (c) * * *
    (1) * * *
    (i) Zone 1 red king crab or C. bairdi Tanner crab bycatch 
allowance. If, during the fishing year, the Regional Director 
determines that U.S. fishing vessels participating in any of the 
fishery categories listed in paragraphs (b)(1)(iii) (B) through (F) of 
this section will catch the Zone 1 bycatch allowance, or seasonal 
apportionment thereof, of red king crab or C. bairdi Tanner crab 
specified for that fishery category under paragraph (b) of this 
section, NMFS will publish in the Federal Register the closure of Zone 
1 to directed fishing for each species and/or species group in that 
fishery category for the remainder of the year or for the remainder of 
the season, except that when a bycatch allowance, or seasonal 
apportionment thereof, specified for the pollock/Atka mackerel/``other 
species'' fishery category is reached, only directed fishing for 
pollock is closed to trawl vessels using nonpelagic trawl gear.
    (ii) Zone 2 red king crab or C. bairdi Tanner crab bycatch 
allowance. If, during the fishing year, the Regional Director 
determines that U.S. fishing vessels participating in any of the 
fishery categories listed in paragraphs (b)(1)(iii) (B) through (F) of 
this section will catch the Zone 2 bycatch allowance, or seasonal 
apportionment thereof, of red king crab or C. bairdi Tanner crab 
specified for that fishery category under paragraph (b) of this 
section, NMFS will publish in the Federal Register the closure of Zone 
2 to directed fishing for each species and/or species group in that 
fishery category for the remainder of the year or for the remainder of 
the season, except that when a bycatch allowance, or seasonal 
apportionment thereof, specified for the pollock/Atka mackerel/``other 
species'' fishery category is reached, only directed fishing for 
pollock is closed to trawl vessels using nonpelagic trawl gear.
    (iii) Halibut bycatch allowance. If, during the fishing year the 
Regional Director determines that U.S. fishing vessels participating in 
any of the trawl fishery categories listed in paragraphs (b)(1)(iii) 
(B) through (F) of this section in the Bering Sea and Aleutian Islands 
management area will catch the halibut bycatch allowance, or seasonal 
apportionment thereof, specified for that fishery category under 
paragraph (b) of this section, NMFS will publish in the Federal 
Register the closure of the entire Bering Sea and Aleutian Islands 
management area to directed fishing for each species and/or species 
group in that fishery category for the remainder of the year or for the 
remainder of the season, except that when a bycatch allowance, or 
seasonal apportionment thereof, specified for the pollock/Atka 
mackerel/``other species'' fishery category is reached, only directed 
fishing for pollock is closed to trawl vessels using nonpelagic trawl 
gear.
    (2) Attainment of a trawl bycatch allowance for Pacific herring. 
If, during the fishing year, the Regional Director determines that U.S. 
fishing vessels participating in any of the fishery categories listed 
in paragraphs (b)(1)(iii) (A) through (F) of this section in the Bering 
Sea and Aleutian Islands management area will catch the herring bycatch 
allowance, or seasonal apportionment thereof, specified for that 
fishery category under paragraph (b) of this section, NMFS will publish 
in the Federal Register the closure of the Herring Savings Area to 
directed fishing for each species and/or species group in that fishery 
category, except that:
* * * * *
    (d) Attainment of a Pacific halibut nontrawl fishery bycatch 
allowance. If, during the fishing year, the Regional Director 
determines that U.S. fishing vessels participating in any of the 
nontrawl fishery categories listed in paragraphs (b)(2)(ii) (A) through 
(C) of this section will catch the Pacific halibut bycatch allowance, 
or seasonal apportionment thereof, specified for that fishery category 
under paragraph (b) of this section, NMFS will publish in the Federal 
Register the closure of the entire Bering Sea and Aleutian Islands 
management area to directed fishing with the relevant gear type for 
each species and/or species group in that fishery category.
    8. In Sec. 675.22, paragraph (g) introductory text is revised to 
read as follows:


Sec. 675.22  Time and area closures.

* * * * *
    (g) Catcher vessel operational area (applicable through December 
31, 1995). Processor vessels in the ``offshore component,'' defined at 
Sec. 675.2, may not catch pollock in excess of the maximum retainable 
bycatch amount for pollock during the second seasonal allowance of 
pollock, defined at Sec. 675.20(a)(2)(ii), in the Bering Sea subarea 
south of 56 deg.00' N. lat., and between 163 deg.00' and 168 deg.00' W. 
long.
* * * * *

PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF 
OF ALASKA

    9. The authority citation for part 676 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq. and 1801 et seq.

    10. In Sec. 676.23, paragraph (b) is revised to read as follows:


Sec. 676.23  IFQ fishing season.

* * * * *
    (b) Directed fishing for sablefish using fixed gear in any IFQ 
regulatory area may be conducted in any fishing year during the period 
specified by the Regional Director through notification published in 
the Federal Register. The Regional Director will take into account the 
opening date of the Pacific halibut season when determining the opening 
date for sablefish for the purposes of reducing bycatch and regulatory 
[[Page 20959]] discards between the two fisheries. Catches of sablefish 
by fixed gear during other periods may be retained up to and including 
the maximum retainable bycatch amount specified at Secs. 672.20(g) and 
675.20(h) of this chapter if an individual is aboard when the catch is 
made who has a valid IFQ card and unused IFQ in the account on which 
the card was issued. Catches of sablefish in excess of the maximum 
retainable bycatch amounts and catches made without IFQ must be treated 
in the same manner as prohibited species.

[FR Doc. 95-10502 Filed 4-27-95; 8:45 am]
BILLING CODE 3510-22-W