[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Rules and Regulations]
[Pages 54200-54201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26008]



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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 672

[Docket No. 950206041-5041-01; I.D. 101695A]


Groundfish of the Gulf of Alaska; Sablefish and Pacific Ocean 
Perch in the Eastern Regulatory Area

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

ACTION: Inseason adjustment, clarification of a closure, request for 
comments.

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

SUMMARY: NMFS is issuing an inseason adjustment prohibiting retention 
of sablefish by vessels using trawl gear in the Southeast Outside 
District of the Eastern Regulatory Area and clarifying that directed 
fishing for Pacific ocean perch in the Eastern Regulatory Area in the 
Gulf of Alaska (GOA) is prohibited. Action is necessary to reduce 
bycatch of the shortraker/rougheye rockfish species group in the 
Eastern Regulatory Area.

EFFECTIVE DATE: For the prohibition of retention of sablefish by 
vessels using trawl gear in the Southeast Outside District: 12 noon, 
Alaska local time (A.l.t.), October 17, 1995 until 12 midnight, A.l.t. 
December 31, 1995. Comments must be received at the following address 
no later than 4:30 p.m., A.l.t., November 1, 1995.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief,Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802, Attn: Lori Gravel, or be delivered to the fourth floor of the 
Federal Building, 709 West 9th Street, Juneau, AK.

FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the GOA exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council under authority of the Magnuson 
Fishery Conservation and Management Act. Fishing by U.S. vessels is 
governed by regulations implementing the FMP at 50 CFR parts 620 and 
672.
    The acceptable biological catch for the shortraker/rougheye 
rockfish species group in the GOA was established by the Final 1995 
Harvest Specifications of Groundfish (60 FR 8470, February 14, 1995) as 
1,910 metric tons (mt). NMFS has determined that as of September 30, 
1995, 2,008 mt have been caught. The specified level of overfishing, as 
defined in the FMP, for the shortraker/rougheye species group is 2,925 
mt. Further unrestricted catches of the shortraker/rougheye species 
group could result in overfishing.
    Trawl vessels currently can retain sablefish in the Southeast 
Outside District of the Eastern Regulatory Area. Species of the ``other 
rockfish'' and pelagic shelf rockfish group are open to trawling in the 
Southeast Outside District. Trawl effort that targets rockfish and 
maximizes the bycatch of sablefish, a highly valuable species, will 
incur significant incidental bycatch of shortraker/rougheye rockfish.
    To prevent overfishing of the shortraker/rougheye rockfish species 
group, the Director, Alaska Region, NMFS (Regional Director), has 
determined in accordance with Sec. 672.22(a)(1)(i) and (a)(4), that 
closing the season by prohibiting retention of sablefish by vessels 
using trawl gear in the Southeast Outside District is necessary and is 
the least restrictive measure to achieve that purpose and will allow 
other fisheries to continue in noncritical areas and time periods. 
Unless the retention of sablefish is prohibited, significant incidental 
catch of the shortraker/rougheye rockfish species group would occur by 
trawl vessels seeking to maximize retainable amounts of sablefish under 
the standards for directed fishing at Sec. 672.20(g).
    In accordance with Sec. 672.20(c)(1)(ii)(B), the annual total 
allowable catch for Pacific ocean perch in the Eastern Regulatory Area 
was established by the Final 1995 Harvest Specifications of Groundfish 
(60 FR 8470, February 14, 1995) as 1,914 mt. NMFS determined that as of 
September 30, 1995, 950 mt remained unharvested. Therefore, NMFS 
announced that the previous closure would be modified in order to allow 
directed fishing for Pacific ocean perch in the Eastern Regulatory Area 
for a 48-hour period. The Regional Director intended to establish a 
directed fishing allowance for Pacific ocean perch of 1,814 mt, with 
consideration that 100 mt would be taken as incidental catch in 
directed fishing for other species in this area. Unfortunately, because 
of processing delays, the modification of the closure was never filed 
with the Office of the Federal Register. In any case, based upon the 
press release, directed fishing occurred and the Regional Director has 
determined that the intended directed fishing allowance of 1,814 mt has 
been 

[[Page 54201]]
reached. Consequently, NMFS is clarifying that directed fishing for 
Pacific ocean perch in the Eastern Regulatory Area is prohibited and 
that the maximum retainable bycatch amounts at Sec. 672.20(g), apply at 
any time during a trip.
    The Assistant Administrator for Fisheries, NOAA, finds for good 
cause that providing prior notice and opportunity for public comment or 
delaying the effective date of this action is impracticable and 
contrary to the public interest. Without this inseason adjustment, NMFS 
could not allow other fisheries to continue. Under Sec. 672.22(c)(2), 
interested persons are invited to submit written comments on this 
action to the above address until November 1, 1995.
    All other closures remain in full force and effect.

Classification

    This action is taken under 50 CFR 672.20 and is exempt from review 
under E.O. 12866.

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

    Dated: October 17, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-26008 Filed 10-17-95; 1:21 pm]
BILLING CODE 3510-22-F