[Federal Register Volume 60, Number 152 (Tuesday, August 8, 1995)]
[Rules and Regulations]
[Pages 40304-40310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19439]
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DEPARTMENT OF COMMERCE
50 CFR Parts 672, 675, and 676
[Docket No. 950414104-5183-02; 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: Final rule and correcting amendments.
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SUMMARY: NMFS is revising the regulations setting forth the standards
for determining when a fishing vessel operator is engaged in directed
fishing in the groundfish fisheries of the Gulf of Alaska (GOA) and the
Bering Sea and Aleutian Islands management area (BSAI). This rule
replaces the existing species-, gear-, and management-goal specific
standards with specific retainable percentages for deriving the maximum
amount of fish species or species group that may be retained as bycatch
in fisheries that are closed to directed fishing. Retention of more
than this amount constitutes directed fishing. The changes made by this
rule 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 of Alaska.
EFFECTIVE DATE: August 2, 1995.
ADDRESSES: Individual copies of the environmental assessment/regulatory
impact review prepared for this action may be obtained from Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802, Attn: Lori Gravel.
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.
This rule revises regulations at 50 CFR 672.20(g) and 675.20(h),
which specify a large number of species-,
area-, gear-, and management goal-specific standards for the GOA and
BSAI, respectively, for determining when a vessel operator is engaged
in directed fishing in the groundfish fisheries of GOA and BSAI. These
directed fishing standards were intended to reduce harvest rates of
groundfish species when their total allowable catch (TAC) limits are
being approached, while, at the same time, reducing waste and
minimizing 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, the directed fishing standards
often failed to prevent overharvest or underharvest of groundfish.
Furthermore, the standards have not resulted in eliminating undesirable
fishing practices, such as covert targeting on high value species after
fishery closures or wasteful discarding.
A proposed rule addressing these concerns was published in the
Federal Register on April 28, 1995 (60 FR 20952). Public comment was
invited through May 30, 1995. Three letters of comments supporting the
proposed rule, with some modifications, were received within the
comment period and are summarized and responded to below in the
``Response to Comments'' section.
The final rule implements the following modifications to the
directed fishing standards:
1. Usage of the term directed fishing standards is eliminated.
Instead, ``directed fishing'' is defined as any fishing activity that
results in the retention of an amount of fish species or species
subgroup on board a vessel that
[[Page 40305]]
is greater than the maximum retainable bycatch amount for that species
or species group as calculated under the regulations as modified. 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. For purposes of calculating
the maximum retainable bycatch amount, the regulations as modified
specify, in tabular form, retainable percentages for each bycatch
species/basis species combination.
2. A single, retainable percentage for each bycatch species/basis
species combination is set forth, regardless of gear type or management
area. Thus, the same retainable percentages are established for trawl,
hook-and-line, pot, and other gear types. Similar retainable
percentages are specified for the GOA and BSAI by separate tables
reflecting differences in species groupings in the two areas.
3. Directed fishing standards based on groupings of fishery
categories are eliminated (except for rockfish). Retainable percentages
are established that are species-specific, except for rockfish.
Consistent with existing regulations at Secs. 672.20(g)(2) and
675.20(h)(3)(iii), rockfish, except demersal shelf rockfish, continues
to be aggregated to prevent ``topping off'' of individual rockfish
species that are closed to directed fishing.
4. The separate directed fishing standard for vessels using pelagic
trawl gear is eliminated.
5. Closures are eliminated for fisheries for species in the
aggregate under Sec. 675.21 (c) and (d) when a prohibited species
bycatch allowance is reached.
6. Retainable percentages for some species are specified that
represent a more accurate estimation of the observed bycatch rates than
the previous standards.
Details of the specific changes to the directed fishing standards
are outlined in the preamble to the proposed rule.
Response to Comments
Comment 1: Pacific ocean perch (POP) should be separated from the
aggregated rockfish group and a retainable percentage of 10 percent
should be established for POP against other deep-water species in the
GOA.
Response: Separating POP from an aggregation of other rockfish
species could reduce the incentive for retaining some of the more
valuable species and permit more POP to be taken; however, much of the
discard associated with the POP fishery is due to a lack of market for
this species. If the discard of POP is market-driven, separating POP
would not likely reduce discards.
Establishing a different percentage for POP than is established for
the other rockfish and making that percentage applicable only to the
GOA would not conform to the Council's intent for consistency of the
retainable percentages among species and between management areas.
Comment 2: The proposed rule perpetuates the current method of
calculating bycatch of rockfish in the aggregate. This results in
vessel operators discarding lower-valued rockfish species when they
have bycatch of higher-valued rockfish species. Rockfish need to be
separated into target fishery management groups to solve this problem.
Response: NMFS recognizes that aggregating rockfish could lead to
discarding of lower-valued rockfish; however, separating the various
rockfish management groups would allow an increase in the total amount
of all rockfishes to be taken through ``topping off'' activities for
the more valuable species. Of particular concern is the potential for
some rockfish groups to reach overfishing status resulting in other
fisheries being closed. If the rockfish were separated into distinct
groups, the likelihood of reaching overfishing would increase.
Separating the rockfish groups could further reduce rockfish
directed fisheries as greater amounts of the total allowable bycatch
would have to be reserved to support bycatch needs. It could also
result in more prohibited species closures for rockfish, forcing
discard of additional catch.
Comment 3: The proposed rule is supported, including the proposed
treatment of rockfish. Retainable percentages based on separate
rockfish species would most likely result in an increase in the amount
of ``topping off,'' because fishermen would be allowed to target and
retain the allowable percentage of each marketable rockfish species.
Response: NMFS agrees.
Upon reviewing the reasons for, and the comments on, this action,
no substantive changes are made to the final rule from the proposed
rule. Two editorial changes are made. In Table 2 to Sec. 672.20, a
spelling error is corrected in the second footnote and the management
of demersal shelf rockfish is clarified. The corrected footnote reads
``Aggregated rockfish of the genera Sebastes and Sebastolobus, except
in the Southeast Outside District where demersal shelf rockfish (DSR)
is a separate category''.
The final rule makes a minor correction to a final regulation that
was published in the Federal Register on May 17, 1993 (58 FR 28799).
That regulation established mandatory careful release procedures for
Pacific halibut taken incidental to the hook-and-line gear fisheries
for groundfish in the BSAI and GOA. These procedures prohibited the
release of halibut caught on groundfish hook-and-line gear outboard of
the vessel's rails by one of three methods, one of which included
``cutting the gangion''. However, in Sec. 672.7(l)(2)(i) and
Sec. 675.7(m)(2)(i), the phrase ``cutting and gangion'' was used
instead of the phrase ``cutting the gangion.'' This document corrects
the phrase.
Classification
The Director, Alaska Region, NMFS, determined that the regulatory
amendment is necessary for the conservation and management of the GOA
and BSAI management area fisheries and that it is consistent with the
Magnuson Act and other applicable laws.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule would not have a
significant economic impact on a substantial number of small entities.
The reasons were published in the notice of proposed rule (60 FR 20952,
April 28, 1995). As a result a regulatory flexibility analysis was not
prepared.
This rule has been determined to be not significant for purposes of
E.O. 12866.
This action relieves a restriction on the flatfish fishery, the
most active groundfish fishing during the next 30 days. Immediate
effectiveness of the rule would allow the flatfish fishery to retain
more of the bycatch of certain groundfish species in fisheries that
will be conducted in early August. This action confers a benefit to the
flatfish fishery and reduce the overall groundfish waste. The revised
retainable percentages will have no adverse effect on other groundfish
fisheries operating during this period. Accordingly, as a rule
relieving a restriction, under U.S.C. 553(d)(1), this final rule is
made effectively immediately.
List of Subjects
50 CFR Parts 672 and 675
Fisheries, Reporting and recordkeeping requirements.
[[Page 40306]]
50 CFR Part 676
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: August 1, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 672, 675, and
676 are 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. 672.7, paragraph (l)(2)(i) is revised to read as
follows:
Sec. 672.7 Prohibition.
* * * * *
(1) * * *
(2) * * *
(i) Cutting the gangion;
* * * * *
4. 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
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Bycatch species\1\
-----------------------------------------------------------------------------
Basic species\1\ Deep Flathead Shallow
Pollock Pacific cod flatfish Rex sole sole flatfish
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Pollock........................... \3\na 20 20 20 20 20
Pacific cod....................... 20 \3\na 20 20 20 20
Deep-water flatfish............... 20 20 \3\na 20 20 20
Rex sole.......................... 20 20 20 \3\na 20 20
Flathead sole..................... 20 20 20 20 \3\na 20
Shallow-water flatfish............ 20 20 20 20 20 \3\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
Aggregated amount non-groundfish
species.......................... 20 20 20 20 20 20
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[[Page 40307]]
Table 2 to Sec. 672.20--Gulf of Alaska Retainable Percentages
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Bycatch species\1\
-----------------------------------------------------------------------------
Basis species\1\ DSR
Arrowtooth Sablefish Aggregated southeast Atka Other
rockfish outside mackerel species
------------------------------------------------------------------\2\-------------------------------------------
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
Shalow-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
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\1\ For definition of species see Table 1 of the Gulf of Alaska groundfish specifications.
\2\ Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus except in the Southeast Outside
District where demersal shelf rockfish (DSR) is a separate category.
\3\ NA = not applicable.
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
5. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
6. 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).
* * * * *
7. In Sec. 675.7, paragraph (m)(2)(i) is revised to read as
follows:
Sec. 675.7 Prohibition.
* * * * *
(m) * * *
(2) * * *
(i) Cutting the gangion;
* * * * *
8. 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 40308]]
Table 1 to Sec. 670.20--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
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Pollock........................... \3\ NA 20 20 35 20 20
Pacific cod....................... 20 \3\ NA 20 35 20 20
Atka mackerel..................... 20 20 \3\ NA 35 20 20
Arrowtooth........................ 0 0 0 \3\ NA 0 0
Yellowfin sole.................... 20 20 20 35 \3\ NA 35
Other flatfish.................... 20 20 20 35 35 \3\ NA
Rocksole.......................... 20 20 20 35 35 35
Flathead sole..................... 20 20 20 35 35 35
Greenland turbot.................. 20 20 20 35 20 20
Sabelfish......................... 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
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\1\ For definition of species see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.
\2\ Aggregated rockfish of the general Sebastes and Sebastolobus.
\3\ NA=not applicable.
Table 1 to Sec. 675.20--Bering Sea and Aleutian Islands Management Area
Retainable Percentages
------------------------------------------------------------------------
Bycatch species \1\
---------------------------------------------------
Basis species \1\ Flathead
Rocksole 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............ \3\ NA 35 1 1
Flathead sole....... 35 \3\ NA 35 15
Greenland turbot.... 20 20 \3\ NA 15
Sablefish........... 20 20 35 \3\ 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\ Aggregated rockfish of the genera Sebastes and Sebastolobus.
\3\ NA=not applicable.
Table 1 to Sec. 675.20.--Bering Sea and Aleutian Islands Management
Area Retainable Percentages
------------------------------------------------------------------------
Aggregated Other
Basis species \1\ rockfish Squid species
---------------------------------------\2\------------------------------
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
[[Page 40309]]
Pacific Ocean Perch.............. 15 20 20
Sharpchin/Northern--AI........... 15 20 20
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 of the genera Sebastes and Sebastolobus.
\3\ NA=not applicable.
9. In Sec. 675.21, paragraphs (c)(1)(i) through (c)(1)(iii), (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.
10. 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
11. The authority citation for part 676 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq. and 1801 et seq.
12. 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
[[Page 40310]]
season when determining the opening date for sablefish for the purposes
of reducing bycatch and regulatory 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. 95-19439 Filed 8-2-95; 3:59 pm]
BILLING CODE 3510-22-M