[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Rules and Regulations]
[Pages 57545-57546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28248]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 950206040-5040-01; I.D. 110995A]


Groundfish of the Bering Sea and Aleutian Islands Area; Pacific 
Cod by Vessels Using Hook-and-Line Gear in the Bering Sea and Aleutian 
Islands

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

ACTION: Inseason adjustment, request for comments.

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SUMMARY: NMFS is redistributing the 1995 Pacific halibut bycatch 
allowances specified for the Pacific cod hook-and-line gear fishery and 
the other non-trawl gear fishery in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to achieve the optimum 
yield from the groundfish fisheries.

DATES: Effective 12 noon, Alaska local time (A.l.t.), November 9, 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 24, 
1995.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Attn: Lori Gravel, Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802-1668, or be delivered to Room 457, 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 BSAI exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area (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 675.
    Pursuant to Sec. 675.21(a)(6) the prohibited species catch (PSC) 
limit of Pacific halibut caught while conducting any non-trawl fishery 
for groundfish in the BSAI during any fishing year is an amount of 
Pacific halibut equivalent to 900 metric tons (mt) of halibut 
mortality. In accordance with Secs. 675.21(b)(2)(i) and (b)(4), the 
Final 1995 Harvest Specifications for the BSAI groundfish fisheries (60 
FR 8479, February 14, 1995, and 60 FR 12149, March 6, 1995) apportioned 
this PSC limit among the non-trawl gear fishery categories defined at 
Sec. 675.21(b)(2)(ii) as follows: (1) Pacific cod hook-and-line, 725 
mt; (2) ``other non-trawl,'' 175 mt; (3) jig gear (exempt for 1995), 0 
mt; (4) groundfish pot gear fisheries, (exempt for 1995), 0 mt; (5) 
sablefish hook-and-line (exempt for 1995), 0 mt (60 FR 12149, March 6, 
1995).
    As of October 21, 1995, 90 mt of halibut mortality remains of the 
``other non-trawl'' fishery bycatch allowance. This fishery category 
will require an additional 20 mt of halibut mortality
    during 1995, leaving 70 mt of Pacific halibut mortality uncaught. 
The Pacific cod hook-and-line gear fishery has 34 mt remaining of its 
halibut bycatch allowance, which is inadequate for harvesting the 9,000 
mt of Pacific cod remaining in the allocation for hook-and-line or pot 
gear. The Pacific halibut bycatch allowance for the Pacific cod hook-
and-line gear fishery needs to be augmented to promote achieving the 
optimum yield from the Pacific cod fishery.
    Under Sec. 675.20(e), the Regional Director is making an inseason 
adjustment to increase the Pacific halibut bycatch allowance specified 
for the Pacific cod hook-and-line gear fishery by 70 mt. The ``other 
non-trawl'' gear fisherys halibut bycatch is decreased by 70 
mt. In accordance with Sec. 675.20(e)(1)(iii), NMFS is redistributing 
the Pacific halibut bycatch mortality allowances of the non-trawl 
fisheries as follows: (1) Pacific cod hook-and-line, 795 mt; (2) 
``other non-trawl,'' 105 mt; (3) jig gear, 0 mt; (4) groundfish pot 
gear fisheries, 0 mt; (5) sablefish hook-and-line, 0 mt. This 
adjustment is necessary to prevent the underharvest of the BSAI Pacific 
cod total allowable catch pursuant to Sec. 675.20(e)(2)(iii)
    As required by Sec. 675.20(f), all information relevant to this 
inseason adjustment, including the effect of overall fishing effort 
within the statistical area and economic impacts on affected fishing 
businesses, was considered. Current halibut bycatch allowances will 
cause a premature closure of the Pacific cod hook-and-line gear fishery 
and, therefore, will not promote optimum yield of groundfish and will 
result in economic harm to fishermen and processors who would otherwise 
participate in that fishery. Interested persons are invited to submit 
comment in writing to the previously cited address on or before 
November 24, 1995.

[[Page 57546]]


Classification

    This action is taken under Sec. 675.20(e)(1)(iii), (e)(2)(iii) and 
(e)(5) and is exempt from review under E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA, finds for good 
cause that it is impractical and contrary to the public interest to 
provide prior public notice and comment on the inseason adjustment. 
Immediate effectiveness is necessary to prevent foregone revenue to the 
Pacific cod hook-and-line fishery, which would otherwise be prevented 
from conducting operations.

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

    Dated: November 9, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-28248 Filed 11-9-95; 4:13 pm]
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