[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.

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

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                         
----------------------------------------------------------------------------------------------------------------
                                                                 Bycatch species\1\                             
                                   -----------------------------------------------------------------------------
         Basic species\1\                                         Deep                    Flathead     Shallow  
                                      Pollock    Pacific cod    flatfish     Rex sole       sole       flatfish 
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------


                                                                                                                

[[Page 40307]]
                         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     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
----------------------------------------------------------------------------------------------------------------
\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 
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
\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