[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Rules and Regulations]
[Pages 61492-61497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29262]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611, 672, 676, and 677

[Docket No. 951120272-5272-01; I.D. 110295A]


Groundfish of the Gulf of Alaska; Limited Access; Foreign 
Fishing; Interim 1996 Harvest Specifications

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

ACTION: Interim 1996 harvest specifications for groundfish; associated 
management measures; and closures.

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SUMMARY: NMFS issues interim 1996 total allowable catch (TAC) amounts 
for each category of groundfish and specifications for prohibited 
species bycatch allowances for the groundfish fishery of the Gulf of 
Alaska (GOA). NMFS is closing certain fisheries as specified in the 
interim 1996 groundfish specifications. The intended effect is to 
conserve and manage the groundfish resources in the GOA.

EFFECTIVE DATE: 0001 hours, Alaska local time (A.l.t.), January 1, 
1996, until the effective date of the Final 1996 Harvest Specifications 
for Groundfish, which will be published in the Federal Register.

ADDRESSES: The preliminary Stock Assessment and Fishery Evaluation 
(SAFE) Report, dated September 1995, is available from the North 
Pacific Fishery Management Council, 605 W. 4th Avenue, Suite 306, 
Anchorage, AK 99501-2252.

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

SUPPLEMENTARY INFORMATION:

Background

    The domestic and foreign groundfish fisheries in the exclusive 
economic zone of the GOA are managed by NMFS according to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP). The FMP was 
prepared by the North Pacific Fishery Management Council (Council) and 
approved by NMFS under the authority of the Magnuson Fishery 
Conservation and Management Act (Magnuson Act). The FMP is implemented 
by regulations for the foreign fishery at 50 CFR part 611 and for the 
U.S. fisheries at 50 CFR parts 672, 676, and 677. General regulations 
that also pertain to the U.S. fisheries appear at 50 CFR part 620.
    The Council met September 27 through October 2, 1995, to review 
scientific information concerning groundfish stocks. The preliminary 
specifications are based on the current stock assessments contained in 
the preliminary Gulf of Alaska Groundfish SAFE Report, dated September 
1995, as well as recommendations by the GOA Groundfish Plan Team, 
Advisory Panel, and Scientific and Statistical Committee. The 
preliminary SAFE Report was prepared and presented to the Council by 
the GOA Groundfish Plan Team and summarizes the best available 
scientific information. Copies of the SAFE Report are available from 
the Council (see ADDRESSES). The Council recommended a preliminary 
total TAC amount of 267,917 metric tons (mt) and a preliminary total 
acceptable biological catch (ABC) amount of 477,110 mt for the 1996 
fishing year.
    Under Sec. 672.20(c)(1)(ii), NMFS is publishing in the Proposed 
Rules section of this issue of the Federal Register for review and 
comment proposed initial harvest specifications for groundfish and 
associated management measures in the GOA for the 1996 fishing year. 
Those proposed specifications contain detailed 

[[Page 61493]]
information on the 1996 specification process and provides a discussion 
of the preliminary ABCs, proposed establishment of the 1996 annual TAC 
amounts and apportionments thereof among domestic annual processing 
(DAP), joint venture processing (JVP), total allowable level of foreign 
fishing (TALFF) and reserves for each target species and the ``other 
species'' category, apportionments of pollock and Pacific cod TAC, 
apportionments of the sablefish TAC to vessels using hook-and-line and 
trawl gear, halibut prohibited species catch (PSC) limits, and seasonal 
allocations of the halibut PSC limits.
    Regulations at Sec. 672.20(c)(1)(ii)(A) require that one-fourth of 
the preliminary or proposed specifications (not including the reserves 
and the first quarterly allowance of pollock), one-fourth of the 
inshore and offshore allocations of Pacific cod in each regulatory 
area, and one-fourth of the halibut PSC amounts become effective at 
0001 hours, A.l.t., January 1, on an interim basis and remain in effect 
until superseded by the final harvest specifications, which will be 
published in the Federal Register.
    This action provides interim TAC specifications and apportionments 
thereof for the 1996 fishing year that will become available on January 
1, 1996, on an interim or preliminary basis. Background information 
concerning the 1996 groundfish harvest specification process upon which 
this interim action is based is provided in the proposed initial 
harvest specifications appearing in the Proposed Rules section of this 
Federal Register issue.
    Species TAC amounts are apportioned initially among DAP, JVP, 
TALFF, and reserves under Secs. 611.92(c)(1) and 672.20(a)(2). DAP 
amounts are intended for harvest by U.S. fishermen for delivery and 
sale to U.S. processors. JVP amounts are intended for joint ventures in 
which U.S. fishermen deliver their catches to foreign processors at 
sea. TALFF amounts are intended for harvest by foreign fishermen. 
Existing harvesting and processing capacity allows the U.S. industry to 
utilize the entire 1996 TAC specified for GOA groundfish. Therefore, 
the Council recommended that DAP equal TAC for each species category, 
which results in no proposed amounts of TALFF or JVP for the 1996 
fishing year.
    The reserves for the GOA are 20 percent of the TAC amounts for 
pollock, Pacific cod, flatfish species, and the ``other species'' 
category. Given that the GOA groundfish TAC amounts have been utilized 
fully by DAP since 1987, NMFS has reapportioned all the reserves to 
DAP. The interim TAC amounts contained in Table 1 reflect the 
reapportionment of reserves to DAP.
    Amendment 23 to the FMP and Amendment 18 to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area established inshore and offshore component allocations of Pacific 
cod and pollock in the GOA and inshore and offshore component 
allocations of pollock in the Bering Sea and Aleutian Islands 
management area during the years 1993 through 1995. Because Amendments 
23 and 18 and their implementing regulations expire on December 31, 
1995, and because the Council has yet to complete development of its 
comprehensive plan to address problems caused by the open access nature 
of the Alaska groundfish fisheries, the Council voted unanimously at 
its June 1995 meeting to adopt Amendments 40 and 38, which would extend 
the provisions of the expiring Amendments 23 and 18 through December 
31, 1998. The Council has submitted to NMFS for review and approval 
under the Magnuson Act proposed Amendments 40 and 38. On September 18, 
1995, NMFS published a proposed rule that would implement the inshore 
and offshore allocations through 1998 (60 FR 48087). However, at this 
time, NMFS has not determined that either Amendment 40 or Amendment 38 
is consistent with the national standards, other provisions of the 
Magnuson Act, and other applicable laws.
    This interim specification document specifies allocations of 
pollock and Pacific cod to inshore and offshore components. If NMFS 
disapproves proposed Amendment 40 to the FMP, NMFS will revise the 
applicable GOA interim pollock and Pacific cod TAC allocations 
specified in this document before the start of the 1996 fishing season. 
The revised interim TAC allocations of pollock and Pacific cod will be 
published in the Federal Register.

1. Interim TAC Amounts and Apportionments Thereof

    Table 1 provides interim TAC amounts, interim TAC allocations of 
Pacific cod to the inshore and offshore components, first quarterly 
allowances of pollock in the combined Western and Central regulatory 
areas, and interim sablefish TAC apportionments to hook-and-line and 
trawl gear. These interim TAC amounts and apportionments thereof become 
effective at 0001 hours, A.l.t., January 1, 1996.

    Table 1.--Interim 1996 TAC Amounts of Groundfish for the Combined   
    Western/Central (W/C), Western (W), Central (C), and Eastern (E)    
   Regulatory Areas and in the West Yakutat (WYak), Southeast Outside   
 (SEO), and Gulfwide (GW) Districts of the Gulf of Alaska (GOA) \1\ \2\ 
     \3\. First Quarterly Allowances of Pollock in the Combined W/C     
 Regulatory Areas. Interim Sablefish TAC Apportionments to Hook-and-Line
         (H/L) and Trawl (TRW) Gear. Amounts Are in Metric Tons.        
------------------------------------------------------------------------
            Species                      Area             Interim TAC   
------------------------------------------------------------------------
Pollock \4\ \5\                                                         
                                 W (61)                   6,125         
                                 C (62)                   3,125         
                                 C (63)                   3,250         
                                                     -------------------
      Subtotal.................  W/C                     12,500         
                                 E                          675         
                                                     -------------------
      Total....................  ...................     13,175         
                                                     ===================
Pacific cod \6\                                                         
    Inshore....................  W                        4,241         
    Offshore...................  W                          471         
    Inshore....................  C                        9,653         
    Offshore...................  C                        1,073         

[[Page 61494]]
                                                                        
    Inshore....................  E                          731         
    Offshore...................  E                           81         
                                                     -------------------
      Total....................  ...................     16,250         
                                                     ===================
Flatfish, Deep-water \7\                                                
                                 W                          115         
                                 C                        1,875         
                                 E                          780         
                                                     -------------------
      Total....................  ...................      2,770         
                                                     ===================
Rex sole                                                                
                                 W                          200         
                                 C                        1,763         
                                 E                          460         
                                                     -------------------
      Total....................  ...................      2,423         
                                                     ===================
Flathead Sole                                                           
                                 W                          500         
                                 C                        1,250         
                                 E                          685         
                                                     -------------------
      Total....................  ...................      2,435         
                                                     ===================
Flatfish, Shallow-water \8\                                             
                                 W                        1,125         
                                 C                        3,238         
                                 E                          295         
                                                     -------------------
      Total....................  ...................      4,658         
                                                     ===================
Arrowtooth flounder                                                     
                                 W                        1,250         
                                 C                        6,250         
                                 E                        1,250         
                                                     -------------------
      Total....................  ...................      8,750         
                                                     ===================
Sablefish \9\ \10\ \11\                                                 
    H/L........................  W                          N/A(520)    
    TRW........................  W                          130         
    H/L........................  C                          N/A(1,720)  
    TRW........................  C                          430         
    H/L........................  WYak                       N/A(974)    
    TRW........................  WYak                        51         
    H/L........................  SEO                        N/A(1,473)  
    TRW........................  SEO                         78         
                                                     -------------------
      Total....................  ...................      5,376         
                                                     ===================
Pacific ocean perch \12\                                                
                                 W                          315         
                                 C                          833         
                                 E                          592         
                                                     -------------------
      Total....................  ...................      1,740         
                                                     ===================
Shortraker/rougheye \13\                                                
                                 W                           43         
                                 C                          303         
                                 E                          133         
                                                     -------------------
      Total....................  ...................        479         
                                                     ===================
  Rockfish, northern \14\                                               

[[Page 61495]]
                                                                        
                                 W                          160         
                                 C                        1,153         
                                 E                            5         
                                                     -------------------
      Total....................  ...................      1,318         
                                                     ===================
Rockfish, other \15\ \16\                                               
                                 W                           45         
                                 C                          293         
                                 E                        1,440         
                                                     -------------------
      Total....................  ...................      1,778         
                                                     ===================
Rockfish, pelagic shelf \17\                                            
                                 W                          228         
                                 C                          800         
                                 E                          270         
                                                     -------------------
      Total....................  ...................      1,298         
                                                     ===================
Rockfish, Demersal Shelf SEO                                            
 \18\                                                                   
                                 SEO                        145         
Thornyhead rockfish                                                     
                                 GW                         390         
 Atka mackerel                                                          
                                 W                          578         
                                 C                          231         
                                 E                            1         
                                                     -------------------
      Total....................  ...................        810         
                                                     -------------------
Other species \19\.............  ...................      3,190         
                                                     -------------------
      GOA Total Interim TAC....  ...................    66,985          
------------------------------------------------------------------------
(Interim TAC amounts have been rounded.)                                
                                                                        
 \1\ Amounts specified as JVP and TALFF are proposed to be zero and are 
  not shown in this table.                                              
\2\ Reserves have been reapportioned to DAP and are reflected in the    
  interim TAC amounts. (See Sec.  672.20(a)(2)(ii))                     
\3\ See Sec.  672.2 for definitions of regulatory area, regulatory      
  district, and statistical area.                                       
\4\ Pollock is apportioned to three statistical areas in the combined   
  Western/Central Regulatory Area, and is further divided into equal    
  quarterly allowances. The first quarterly allowances are in effect on 
  an interim basis as of January 1, 1996. In the Eastern Regulatory     
  Area, pollock is not divided into quarterly allowances, and one-fourth
  of the TAC is available on an interim basis.                          
\5\ The TAC apportionment for pollock in all regulatory areas and all   
  quarterly allowances is divided into inshore and offshore components. 
  The inshore component is apportioned 100 percent of the pollock TAC in
  each regulatory area after subtraction of amounts that are determined 
  by the Director, Alaska Region, NMFS, to be necessary to support the  
  bycatch needs of the offshore component in directed fisheries for     
  other groundfish species. At this time, these bycatch amounts are     
  unknown and will be determined during the fishing year. (See Sec.     
  672.20(a)(2)(v)(A))                                                   
\6\ The TAC apportionment of Pacific cod in all regulatory areas is     
  divided into inshore and offshore components. The inshore and offshore
  component allocations are 90 percent and 10 percent, respectively, of 
  the Pacific cod TAC in each regulatory area. (See Sec.                
  672.20(a)(2)(v)(B))                                                   
\7\ ``Deep-water flatfish'' means Dover sole and Greenland turbot.      
\8\ ``Shallow-water flatfish'' means flatfish not including ``deep-water
  flatfish,'' flathead sole, rex sole, or arrowtooth flounder.          
\9\ Sablefish TAC amounts for each of the regulatory areas and districts
  are assigned to hook-and-line and trawl gear. In the Central and      
  Western Regulatory Areas, 80 percent of the TAC is allocated to hook- 
  and-line gear and 20 percent to trawl gear. In the Eastern Regulatory 
  Area, 95 percent of the TAC is assigned to hook-and-line gear. Five   
  percent is allocated to trawl gear and may only be used as bycatch to 
  support directed fisheries for other target species. (See Sec.        
  672.24(c))                                                            
\10\ The sablefish hook-and-line (H/L) gear fishery is managed under the
  Individual Fishing Quota (IFQ) program and subject to regulations     
  contained in subparts B and C of 50 CFR part 676. Annual IFQ amounts  
  are based on the final TAC amount specified for the sablefish H/L gear
  fishery as contained in the final specifications for groundfish. Under
  Sec.  676.16(c), retention of sablefish caught with H/L gear is       
  prohibited unless the harvest is authorized under a valid IFQ permit  
  and IFQ card. In 1996, IFQ permits and IFQ cards will not be valid    
  prior to the effective date of the 1996 final specifications. Thus,   
  fishing for sablefish with H/L gear will not be authorized under these
  interim specifications. Nonetheless, interim amounts are shown in     
  parentheses to reflect assignments of one-fourth of the proposed TAC  
  amounts among gear categories and regulatory areas in accordance with 
  Sec.  672.20(a)(7). See Secs.  676.20 and 676.23(b) for guidance on   
  the annual allocation of IFQ and the sablefish season.                
\11\ Sablefish caught in the GOA with gear other than hook-and-line or  
  trawl gear must be treated as prohibited species and may not be       
  retained.                                                             
\12\ ``Pacific ocean perch'' means Sebastes alutus.                     
\13\ ``Shortraker/rougheye rockfish'' means Sebastes borealis           
  (shortraker) and S. aleutianus (rougheye).                            
\14\ ``Northern rockfish'' means Sebastes polyspinis.                   
\15\ ``Other rockfish'' in the Western and Central Regulatory Areas and 
  in the West Yakutat District means slope rockfish and demersal shelf  
  rockfish. The category ``other rockfish'' in the Southeast Outside    
  District means slope rockfish.                                        

[[Page 61496]]
                                                                        
\16\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus 
  (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S.   
  crameri (darkblotch), S. elongatus (greenstriped), S. variegateu      
  (harlequin), S. wilsoni (pygmy), S. proriger (redstripe), S. zacentrus
  (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. 
  diploproa (splitnose), S. saxicola (stripetail), S. miniatus          
  (vermilion), S. babcocki (redbanded), and S. reedi (yellowmouth).     
\17\ ``Pelagic shelf rockfish'' includes Sebastes melanops (black), S.  
  mystinus (blue), S. ciliatus (dusky), S. entomelas (widow), and S.    
  flavidus (yellowtail).                                                
\18\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S.   
  nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.   
  helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus
  (yelloweye).                                                          
\19\ ``Other species'' includes sculpins, sharks, skates, eulachon,     
  smelts, capelin, squid, and octopus. The TAC for ``other species''    
  equals 5 percent of the TAC amounts of target species.                



2. Interim Halibut PSC Mortality Limits

    Under Sec. 672.20(f), annual Pacific halibut PSC mortality limits 
are established for trawl and hook-and-line gear and may be established 
for pot gear. As in 1995, the Council proposes to exempt pot gear and 
the sablefish hook-and-line fishery from halibut PSC limits for 1996. 
The interim PSC limits are effective on January 1, 1996, and remain in 
effect until superseded by the Final 1996 Harvest Specifications, which 
will be published in the Federal Register. The interim halibut PSC 
limits are as follows: (1) 500 mt to trawl gear, (2) 73 mt to hook-and-
line gear for fisheries other than demersal shelf rockfish, and (3) 2.5 
mt to hook-and-line gear for demersal shelf rockfish fishery in the 
Southeast Outside District.
    Regulations at Sec. 672.20(f)(1) authorize apportionments of the 
trawl halibut PSC limit allowance as bycatch allowances to a deep-water 
species complex, comprised of rex sole, sablefish, rockfish, deep-water 
flatfish, and arrowtooth flounder, and a shallow-water species complex, 
comprised of pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, and other species. The interim 1996 apportionment 
for the shallow-water species complex is 415 mt and for the deep-water 
species complex is 85 mt.

3. Closures to Directed Fishing

    Under Sec. 672.20(c)(2)(ii), if the Director, Alaska Region, NMFS 
(Regional Director), determines that the amount of a target species or 
``other species'' category apportioned to a fishery or, with respect to 
Pacific cod, to an allocation to the inshore or offshore component, is 
likely to be reached, the Regional Director may establish a directed 
fishing allowance for that species or species group. In establishing a 
directed fishing allowance, the Regional Director shall consider the 
amount of that species group or allocation of Pacific cod to the 
inshore or offshore component that will be taken as incidental catch in 
directed fishing for other species in the same regulatory area or 
district. If the Regional Director establishes a directed fishing 
allowance, and that allowance is or will be reached before the end of 
the fishing year, NMFS will prohibit directed fishing for that species 
or species group in the specified regulatory area or district.
    The Regional Director has determined that interim amounts of 
groundfish specified in Table 1 of these interim specifications for 
species or species groups identified in Table 2 will be necessary as 
incidental catch to support anticipated groundfish fisheries prior to 
the time that final specifications for groundfish are in effect for the 
1996 fishing year. Therefore, NMFS is prohibiting directed fishing for 
those target species, gears, and components listed in Table 2 to 
prevent exceeding the interim amounts of groundfish TAC amounts 
specified. These closures will be in effect during the period that the 
1996 interim specifications for groundfish TAC amounts are effective 
beginning at 0001 hours, A.l.t., January 1, 1996, until superseded by 
the Final 1996 Harvest Specifications for Groundfish. While the 
closures are in effect, the maximum retainable bycatch amounts at 
Sec. 672.20(g) apply at any time during a fishing trip. Additional 
closures and restrictions may be found in existing regulations at 50 
CFR part 672.

 Table 2.--Closures to Directed Fishing Under The Interim 1996 Total Allowable Catch Amounts Implemented by this
  Action\1\ Offshore = The Offshore Component; TRW = Trawl; ALL = All Gears; WG = Western Regulatory Area; CG = 
               Central Regulatory Area; EG = Eastern Regulatory Area; GOA = Entire Gulf of Alaska               
----------------------------------------------------------------------------------------------------------------
               Fishery                          Component                    Gear               Closed areas    
----------------------------------------------------------------------------------------------------------------
Atka mackerel........................  ...........................  ALL                    GOA                  
Northern rockfish....................  ...........................  ALL                    WG, EG               
Pelagic shelf rockfish...............  ...........................  ALL                    WG, EG               
Other rockfish.......................  ...........................  ALL                    WG, CG               
Pacific cod..........................  Offshore...................  ALL                    EG                   
Rex sole.............................  ...........................  ALL                    WG                   
Sablefish............................  ...........................  TRW                    WG, CG               
Shortraker/rougheye..................  ...........................  ALL                    GOA                  
Thornyhead rockfish..................  ...........................  ALL                    GOA                  
----------------------------------------------------------------------------------------------------------------
\1\ These closures to directed fishing are in addition to closures and prohibitions found in regulations at 50  
  CFR part 672.                                                                                                 

    After consideration of public comments on the proposed 1996 
specifications and additional scientific information presented at its 
December 1995 meeting, the Council may recommend other closures to 
directed fishing. Additionally, NMFS may implement other closures at 
the time the Final 1996 Specifications for Groundfish are implemented, 
or during the 1996 fishing year as necessary for effective management.

Classification

    This action is authorized under 50 CFR 611.92, 672.20, and 676.20 
and is exempt from review under E.O. 12866.

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


[[Page 61497]]

    Dated: November 24, 1995.
Nancy Foster,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Serivce.
[FR Doc. 95-29262 Filed 11-29-95; 8:45 am]
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