[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Proposed Rules]
[Pages 61514-61522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29263]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611, 672, and 676

[Docket No. 95111 3267-5267-01; I.D. 110295B]


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

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

ACTION: Proposed 1996 initial specifications for groundfish; 
apportionment of reserves; request for comments.

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SUMMARY: NMFS proposes initial harvest specifications for groundfish 
and associated management measures in the Gulf of Alaska (GOA) for the 
1996 fishing year. This action is necessary to carry out management 
objectives contained in the Fishery Management Plan for Groundfish of 
the Gulf of Alaska (FMP).

DATES: Comments must be received by Decemberr 29, 1995.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, National Marine Fisheries Service, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel.
    The preliminary Stock Assessment and Fishery Evaluation (SAFE) 
Report, dated September 1995, is available from the North Pacific 
Fishery Management Council, 605 W. 4th Ave 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. The FMP was 
prepared by the North Pacific Fishery Management Council (Council) 
under the authority of the Magnuson Fishery Conservation and Management 
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.
    This action proposes for the 1996 fishing year: (1) Specifications 
of total allowable catch (TAC) for each groundfish target species 
category in the GOA and apportionments thereof among domestic annual 
processing (DAP), joint venture processing (JVP), total allowable level 
of foreign fishing (TALFF), and reserves; (2) apportionments of 
reserves to DAP; (3) apportionments of the sablefish TAC to vessels 
using hook-and-line and trawl gear; (4) apportionments of pollock and 
Pacific cod TAC; (5) ``other species'' TAC; (6) halibut prohibited 
species catch (PSC) limits; and (7) fishery and seasonal allocations of 
the halibut PSC limits.
    Comments on the proposed 1996 specifications and proposed 
apportionments of reserves are invited from the public through December 
29, 1995. After again consulting with the Council, NMFS will publish 
final specifications for the 1996 fishing year in the Federal Register.
    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, Alaska local time, January 1, on an interim basis, and 
remain in effect until superseded by the final harvest specifications.
    NMFS is publishing, in the Rules and Regulations section of this 
Federal Register issue, interim TAC specifications and apportionments 
thereof for the 1996 fishing year that will become available 0001 
hours, A.l.t., January 1, 1996, and remain in effect until superseded 
by the final 1996 harvest specifications.
1. Proposed Establishment of TAC Amounts and Apportionments Thereof 
Among DAP, JVP, TALFF, and Reserves
    Under Sec. 672.20(c)(1)(ii), NMFS, after consultation with the 
Council, publishes in the Federal Register proposed specifications of 
annual TAC 

[[Page 61515]]
amounts. These proposed specifications indicate apportionments of TAC 
amounts among DAP, JVP, TALFF, and reserves for each target species and 
the ``other species'' category. The sum of the TAC amounts for all 
species must fall within the combined optimum yield (OY) range, of 
116,000-800,000 metric tons (mt), established for these species.
    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 of the U.S. industry is 
capable of utilizing the entire 1996 TAC specification for GOA 
groundfish. Therefore, the Council recommended that DAP equal TAC for 
each species category, resulting 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 target species categories, and ``other 
species.'' If necessary, these reserve amounts may be set aside for 
possible apportionment to DAP and/or to JVP if the initial 
apportionments prove inadequate. Reserves that are not apportioned to 
DAP or JVP may be reapportioned to TALFF. The GOA groundfish TAC 
amounts have been utilized fully by DAP since 1987, and NMFS expects 
the same to occur in 1996. Therefore, NMFS proposes apportionment of 
all the reserves to DAP.
    The Council met from September 27 through October 2, 1995, to 
review scientific information concerning groundfish stocks. The 
preliminary SAFE Report, dated September 1995, prepared and presented 
to the Council by the GOA Plan Team (Plan Team), summarizes the best 
available scientific information.
    The September 1995 SAFE Report contains updated stock assessments 
for pollock, Pacific cod, Pacific ocean perch (POP), thornyhead, and 
Atka mackerel. New assessments were not available for the flatfish 
groups (deep-water flatfish, shallow-water flatfish, rex sole, flathead 
sole, and arrowtooth flounder), shortraker/rougheye rockfish, other 
slope rockfish, northern rockfish, and pelagic shelf rockfish. Survey 
information will be available for incorporation into assessments of 
sablefish and demersal shelf rockfish (DSR) for the final SAFE Report 
issued in November. Details of the assessments can be found in the 
September 1995 SAFE Report.
    The Council's proposed 1996 acceptable biological catch (ABC) 
amounts for pollock, Pacific cod, and thornyhead are reduced from the 
1995 ABC levels specified for these species; whereas the 1996 ABC for 
POP increased from 1995. The proposed 1996 ABC amounts, as recommended 
by the Council, for all other species or species groups remained 
unchanged from 1995.
    The Plan Team recommended a range of ABC amounts for pollock, 
35,800-52,700 mt. These ABC amounts are lower than the 1995 ABC 
amounts. The lower end of the range was an ABC based on the fishing 
mortality rate that produced a minimal (5 percent) probability of 
falling below the threshold spawner biomass level in the long-term 
(34,000 mt for the Western and Central Regulatory Areas). The upper end 
of the range reflects an optimal fishing mortality rate that maximizes 
yield and minimizes risk of falling below the threshold spawner biomass 
level. The stock biomass for pollock has been in a declining trend for 
a number of years; however, biomass is expected to increase following 
recruitment of the strong 1994 year class. Considering the projected 
improvements in stock biomass, the Scientific and Statistical Committee 
(SSC) chose the upper end of the Plan Team's recommended range for ABC. 
The Council accepted the SSC's recommendation.
    The Plan Team also presented a range of ABC values for Pacific cod, 
from 65,000 to 110,000 mt. The SSC chose the lower end of the range, 
because the stock has been declining since 1987, and because recent 
recruitment levels appear to be below normal. The Council concurred 
with the SSC's recommendation.
    An updated model for POP produced a 1996 ABC of 10,165 mt, an 
increase of 2,935 mt over the analysts' estimated ABC for 1995. As in 
previous years, the ABC equals the overfishing level. The Plan Team 
reduced this number further (to 8,060 mt) to create a buffer between 
the overfishing level and the ABC. The SSC does not agree with this 
adjustment and recommended that ABC equal overfishing. The Council 
accepted the Plan Team recommendation and set the 1996 ABC at 8,060 mt. 
The TAC amount for POP is set by the POP rebuilding plan algorithm 
(Amendment 32 to the FMP). The SSC also recommended that the analysts 
explore the feasibility of running the stock assessment model 
separately for the Western/Central and the Eastern Regulatory Area, 
providing two ABC amounts for POP in the Gulf.
    An updated analysis was presented for thornyhead rockfish, which 
resulted in a 1996 ABC recommendation of 1,560 mt, somewhat lower than 
the 1995 ABC amount of 1,900 mt. The differences from 1995 are 
attributable to the inclusion of new data for 1982 and 1983, and 
correcting 1978 and 1979 hook-and-line data that were previously 
attributed to trawl gear.
    The Plan Team recommended an ABC for sablefish of 18,700 mt, which 
is reduced from the 1995 ABC to reflect model projections of reduced 
1996 biomass. However, the SSC recommended that the 1995 ABC (21,500 
mt) be used for the preliminary 1996 ABC, until the 1996 longline 
survey data can be incorporated into the stock assessment analysis in 
November.
    The stock assessment for Atka mackerel was also updated for 1996 to 
include 1994 catch data and maturity at length/age data. From the new 
analysis the Plan Team recommended a 1996 ABC of 6,480 mt. The SSC, 
however, recommended reducing the Plan Team's ABC by one-half, to 3,240 
mt, which is equal to the 1995 ABC. This conservative approach is 
recommended because of the uncertainty in the abundance of Atka 
mackerel and because of concerns for marine mammals. Atka mackerel is 
an important prey species for sea lions and occurs in abundance near 
sea lion rookeries.
    The Plan Team recommended that dusky rockfish (Sebastes ciliatus) 
be separated from the other species in the pelagic shelf rockfish 
assemblage. The SSC requested that the Plan Team provide a more 
extensive report on the management and stock assessment alternatives 
and recommends that the Council proceed with the development of a plan 
amendment analyzing management alternatives for pelagic shelf rockfish. 
However, the Council did not make a recommendation at this time.
    The total ABC amount recommended by the SSC and accepted by the 
Council was 477,110 mt.
    The total TAC amount recommended by the Advisory Panel (AP) was 
267,917 mt. The AP recommended 1996 TAC amounts equal to the 1996 ABC 
amounts, as recommended by the SSC, for all species except the flatfish 
groups (deep-water flatfish, shallow-water flatfish, rex sole, flathead 
sole, and arrowtooth flounder) and POP. For the flatfish groups the AP 
recommended a 1996 TAC that was equal to the 1995 TAC amount. The TAC 
for POP is established by an algorithm in the POP 

[[Page 61516]]
Rebuilding Plan and is calculated for 1996 at 6,959 mt.
    The Council noted its intent to reduce the proposed TAC for other 
slope rockfish (7,110 mt) at the Council's December 1995 meeting. This 
action would be recommended to prevent a directed fishery for this 
species group while adequately providing for bycatch needs in other 
fisheries.
    The Council has requested an analysis of alternatives to modify the 
POP Rebuilding Plan such that the stated algorithm for determining the 
TAC is an upper-bound limit. Final action will be taken by the Council 
on this analysis at its December 1995 meeting. Should the Council 
choose to implement an amendment to establish the POP TAC algorithm as 
an upper bound limit, those changes would not occur prior to 
publication of the final TAC amounts. Therefore, any potential changes 
in the POP TAC would occur through a separate specification notice.
    The Council considered information in the SAFE Report, 
recommendations from its SSC and its AP, as well as public testimony. 
The Council then accepted the ABC amounts as recommended by the SSC, 
except for POP for which the Council accepted the Plan Team's 
recommendation. The Council accepted the TAC amounts as recommended by 
the AP.
    The proposed 1996 ABC amounts and TAC amounts, as well as the ABC 
and TAC apportionments, are shown in Table 1.

Table 1.--Proposed 1996 ABC Amounts, Proposed TAC Amounts, and DAPs of Groundfish for the 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.1,2,3                         
                                          [Amounts are in metric tons]                                          
----------------------------------------------------------------------------------------------------------------
                    Species                                   Area                      ABC           TAC=DAP   
----------------------------------------------------------------------------------------------------------------
Pollock: \4\                                                                                                    
                                                W (61)                                    24,500          24,500
                                                C (62)                                    12,500          12,500
                                                C (63)                                    13,000          13,000
      Subtotal................................  W/C                                      *50,000         *50,000
                                                                                 -------------------------------
                                                E                                         *2,700          *2,700
      Total...................................  ................................          52,700          52,700
                                                                                 ===============================
Pacific cod: \5\                                                                                                
    Inshore...................................  W                                 ..............          16,965
    Offshore..................................  W                                 ..............           1,885
    Inshore...................................  C                                 ..............          38,610
    Offshore..................................  C                                 ..............           4,290
    Inshore...................................  E                                 ..............           2,925
    Offshore..................................  E                                 ..............             325
      Subtotal................................  W                                         18,850         *18,850
                                                C                                         42,900         *42,900
                                                E                                          3,250          *3,250
                                                                                 -------------------------------
      Total...................................  ................................          65,000          65,000
                                                                                 ===============================
Flatfish, Deep-water: \6\                                                                                       
                                                W                                            670             460
                                                C                                          8,150           7,500
                                                E                                          5,770           3,120
                                                                                 -------------------------------
      Total...................................  ................................          14,590          11,080
                                                                                 ===============================
Rex sole:                                                                                                       
                                                W                                          1,350             800
                                                C                                          7,050           7,050
                                                E                                          2,810           1,840
                                                                                 -------------------------------
      Total...................................  ................................          11,210           9,690
                                                                                 ===============================
Flathead sole:                                                                                                  
                                                W                                         26,280           2,000
                                                C                                         23,140           5,000
                                                E                                          2,850           2,740
                                                                                 -------------------------------
      Total...................................  ................................          52,270           9,740
                                                                                 ===============================
Flatfish, Shallow-water: \7\                                                                                    
                                                W                                          8,880           4,500
                                                C                                         17,170          12,950
                                                E                                          2,740           1,180
                                                                                 -------------------------------
      Total...................................  ................................          28,790          18,630
                                                                                 ===============================
Arrowtooth flounder:                                                                                            
                                                W                                         28,400          5,000 

[[Page 61517]]
                                                                                                                
                                                C                                        141,290          25,000
                                                E                                         28,440           5,000
                                                                                 -------------------------------
      Total...................................  ................................         198,130          35,000
                                                                                 ===============================
Sablefish: \8\                                                                                                  
                                                W                                          2,600           2,600
                                                C                                          8,600           8,600
                                                WY                                         4,100           4,100
                                                SEO                                        6,200           6,200
                                                                                 -------------------------------
      Total...................................  ................................          21,500          21,500
                                                                                 ===============================
Pacific ocean perch: \9\                                                                                        
                                                W                                          1,460           1,260
                                                C                                          3,860           3,333
                                                E                                          2,740           2,366
                                                                                 -------------------------------
      Total...................................  ................................           8,060           6,959
                                                                                 ===============================
Shortraker/rougheye: \10\                                                                                       
                                                W                                            170             170
                                                C                                          1,210           1,210
                                                E                                            530             530
                                                                                 -------------------------------
      Total...................................  ................................           1,910           1,910
                                                                                 ===============================
Rockfish, other: 11, 12                                                                                         
                                                W                                            180             180
                                                C                                          1,170           1,170
                                                E                                          5,760           5,760
                                                                                 -------------------------------
      Total...................................  ................................           7,110           7,110
                                                                                 ===============================
Rockfish, northern: \13\                                                                                        
                                                W                                            640             640
                                                C                                          4,610           4,610
                                                E                                             20              20
                                                                                 -------------------------------
      Total...................................  ................................           5,270           5,270
                                                                                 ===============================
Rockfish, pelagic shelf: \14\                                                                                   
                                                W                                            910             910
                                                C                                          3,200           3,200
                                                E                                          1,080           1,080
                                                                                 -------------------------------
      Total...................................  ................................           5,190           5,190
                                                                                 ===============================
Demersal shelf rockfish: \15\                                                                                   
                                                SEO                                          580             580
Thornyhead rockfish:                                                                                            
                                                GW                                         1,560           1,560
Atka mackerel:                                                                                                  
                                                W                                          2,310           2,310
                                                C                                            925             925
                                                E                                              5               5
                                                                                 -------------------------------
      Total...................................  ................................           3,240           3,240
                                                                                 ===============================
Other species \16\............................  ................................         \17\ NA          12,758
      GOA Total...............................  ................................    \18\ 477,110        267,917 
----------------------------------------------------------------------------------------------------------------
*Amounts that are subtotals and are not additive.                                                               
1 See Sec.  672.2 for definitions of regulatory area, regulatory district, and statistical area.                
2 Amounts specified as joint venture processing (JVP) and total allowable level of foreign fishing (TALFF) are  
  proposed to be zero and are not shown in this table.                                                          
3 Reserves are proposed to be apportioned to DAP and are reflected in the proposed TAC amounts.                 

[[Page 61518]]
                                                                                                                
4 Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3),  
  each of which is further divided into equal quarterly allowances. In the Eastern Regulatory Area, pollock is  
  not divided into quarterly allowances.                                                                        
5 Pacific cod is allocated 90 percent to the inshore, and 10 percent to the offshore component. Component       
  allowances are shown in Table 4.                                                                              
6 ``Deep-water flatfish'' means Dover sole and Greenland turbot.                                                
7 ``Shallow water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rexsole, or   
  arrowtooth flounder.                                                                                          
8 Sablefish is allocated to trawl and hook-and-line gears (Table 2).                                            
9 ``Pacific ocean perch'' means Sebastes alutus.                                                                
10 ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).          
11 ``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.                                                                                               
12 ``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).                                                                      
13 ``Northern rockfish'' means Sebastes polyspinis.                                                             
14 ``Pelagic shelf rockfish'' includes Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S.   
  entomelas (widow), and S. flavidus (yellowtail).                                                              
15 ``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).   
16 ``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.                                  
17 NA=not applicable                                                                                            
18 The total ABC reflects the sum of the ABC amounts for target species.                                        


2. Proposed Apportionment of Reserves to DAP
    Regulations implementing the FMP that require 20 percent of each 
TAC for pollock, Pacific cod, flatfish species, and the ``other 
species'' category be set aside in reserves for possible apportionment 
at a later date (Sec. 672.20(a)(2)(ii)). Consistent with 
Sec. 672.20(a)(2)(iii), NMFS is proposing to apportion the 1996 
reserves for each of the four species categories to DAP, because 
domestic harvesters and processors have established markets for these 
species and should be provided the opportunity to realize revenues from 
the harvest of the full DAP amounts so specified. Specifications of DAP 
shown in Table 1 reflect apportioned reserves.
3. Proposed Apportionment of the Sablefish TAC Amounts to Users of 
Hook-and-Line and Trawl Gear
    Under Sec. 672.24(c), 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 amounts is allocated to hook-and-line gear and 20 percent is 
allocated to trawl gear. In the Eastern Regulatory Area, 95 percent of 
the TAC is assigned to hook-and-line gear and 5 percent is assigned to 
trawl gear. The trawl gear allocation in the Eastern Regulatory Area 
may only be used as bycatch to support directed fisheries for other 
target species. Sablefish caught in the GOA with gear other than hook-
and-line or trawl must be treated as prohibited species and may not be 
retained. Table 2 shows the assignments of the proposed 1996 sablefish 
TAC amounts between hook-and-line and trawl gears.

 Table 2.--Proposed 1996 Sablefish TAC Specifications in the Gulf of Alaska and Assignments Thereof to Hook-and-
                                 Line and Trawl Gear. Values are in Metric Tons                                 
----------------------------------------------------------------------------------------------------------------
                                                                                   Hook-and-line                
                          Area/District                                 TAC            share        Trawl share 
----------------------------------------------------------------------------------------------------------------
Western.........................................................           2,600           2,080             520
Central.........................................................           8,600           6,880           1,720
Eastern:                                                                                                        
    West Yakutat................................................           4,100           3,895             205
    Southeast Outside...........................................           6,200           5,890             310
                                                                 -----------------------------------------------
      Total.....................................................          21,500          18,745           2,755
----------------------------------------------------------------------------------------------------------------

4. Proposed Apportionments of Pollock and Pacific Cod TAC Amounts
    In the GOA, pollock is apportioned by area and season. Regulations 
at Sec. 672.20(a)(2)(iv) require that the TAC for pollock in the 
combined Western/Central (W/C) Regulatory Areas be apportioned among 
statistical areas Shumagin (61), Chirikof (62), and Kodiak (63) in 
proportion to known distribution of the pollock biomass. This measure 
was intended to provide spatial distribution of the pollock harvest as 
a sea lion protection measure. Each statistical area apportionment is 
further divided equally into the 4 calendar quarters. Within any 
fishing year, any unharvested amount of any quarterly allowance of 
pollock TAC is added in equal proportions to the quarterly allowances 
of the following quarters, resulting in a sum for each quarter not to 
exceed 150 percent of the initial quarterly allowance.
    Similarly, harvests in excess of a quarterly allowance of TAC are 
deducted in equal proportions from the remaining quarterly allowances 
of that fishing year. The Eastern Regulatory Area proposed TAC of 2,700 
mt is not allocated among smaller areas, or quarterly.
    Regulations at Sec. 672.20(a)(2)(v)(A) require that the DAP 
apportionment for pollock in all regulatory areas and all quarterly 
allowances thereof be divided into inshore and offshore components. 
Similarly regulations at Sec. 672.20(a)(2)(v)(B) require that the DAP 
apportionment of Pacific cod in all regulatory areas be divided into 
inshore and offshore components, although these regulations are 
scheduled to expire at the end of 1995. Amendment 40 to the FMP, if 
approved, would authorize continued apportionment of the pollock and 
Pacific cod TAC amounts between the inshore and offshore components. 
NMFS has published a notice of proposed rulemaking in the Federal 
Register (60 FR 48087; September 18, 1995) to continue the existing 
regulations. For 

[[Page 61519]]
purposes of this notice of proposed specifications, the percentage of 
the TAC apportioned to the inshore and offshore sectors is as set out 
in that notice of proposed rulemaking. If Amendment 40 is not approved, 
the 1996 final specifications will be revised accordingly. For purposes 
of this action, the inshore component would be apportioned 100 percent 
of the pollock TAC in each regulatory area after subtraction of amounts 
that are determined by the Director, Alaska Region, NMFS (Regional 
Director) 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. The proposed distribution of pollock within the 
combined W/C Regulatory Areas is shown in Table 3, except that inshore 
and offshore component apportionments of pollock are not shown.
    The inshore component for Pacific cod would be apportioned equal to 
90 percent of the TAC in each regulatory area. Inshore and offshore 
component allocations of the proposed 65,000 mt TAC for each regulatory 
area are shown in Table 4.

Table 3.--Proposed Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf Of Alaska (W/
 C GOA); Biomass Distribution, Area Apportionments, and Quarterly Allowances. ABC for the W/C GOA Is Proposed To
  Be 50,000 metric tons (mt). Biomass Distribution Is Based on 1993 Survey Data. TAC Amounts Are Equal to ABC.  
    Inshore and Offshore Allocations of Pollock Are Not Shown. ABC Amounts and TAC Amounts Are Rounded to the   
                                                  Nearest 10 mt                                                 
----------------------------------------------------------------------------------------------------------------
                                                                                                     Quarterly  
                        Statistical area                         Biomass percent   1996 ABC=TAC      allowance  
----------------------------------------------------------------------------------------------------------------
Shumagin (61)..................................................             49            24,500           6,125
Chirikof (62)..................................................             24.7          12,500           3,125
Kodiak (63)....................................................             26.3          13,000           3,250
                                                                ------------------------------------------------
      Total....................................................            100            50,000          12,500
----------------------------------------------------------------------------------------------------------------


  Table 4.--Proposed 1996 Allocation (Metric Tons) of Pacific Cod in the Gulf of Alaska; Allocations to Inshore 
                                            and Offshore Components.                                            
----------------------------------------------------------------------------------------------------------------
                                                                                       Component allocation     
                         Regulatory area                                TAC      -------------------------------
                                                                                   Inshore (90%)  Offshore (10%)
----------------------------------------------------------------------------------------------------------------
Western.........................................................          18,850          16,965           1,885
Central.........................................................          42,900          38,610           4,290
Eastern.........................................................           3,250           2,925             325
      Total.....................................................          65,000          58,500           6,500
----------------------------------------------------------------------------------------------------------------

5. ``Other Species'' TAC
    The FMP specifies that amounts for the ``other species'' category 
are calculated as 5 percent of the combined TAC amounts for target 
species. The GOA-wide ``other species'' TAC is calculated as 12,758 mt, 
which is 5 percent of the sum of combined TAC amounts for the target 
species.
6. Proposed 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. At its September meeting, the Council recommended that 
NMFS re-establish the PSC limits of 2,000 mt for the trawl fisheries 
and 300 mt for the hook-and-line fisheries, with 10 mt of the hook-and-
line limit allocated to the DSR fishery in the Southeast Outside 
District and remainder to the other hook-and-line fisheries.
    Regulations at Sec. 672.20(f)(1)(ii) authorize exemption of 
specified non-trawl fisheries from the halibut PSC limit. As in 1995, 
the Council proposes to exempt pot gear and the hook-and-line sablefish 
fishery from the non-trawl halibut limit for 1996. The Council proposed 
these exemptions because of the low halibut bycatch mortality 
experienced in the pot gear fisheries (16 mt in 1995) and because of 
the 1995 implementation of the sablefish and halibut Individual Fishing 
Quota (IFQ) program, which would allow legal-sized halibut to be 
retained in the sablefish fishery. The trawl fishery apportionment of 
the 1996 halibut bycatch mortality limit (2,000 mt) remains unchanged 
from 1995. Under Sec. 672.20(f)(1)(i)(B) the trawl halibut bycatch 
mortality limit is apportioned between trawl fisheries for deep-water 
and shallow-water species. These apportionments are divided seasonally 
to avoid seasonally high halibut bycatch rates.
    NMFS preliminarily concurs in the Council's 1996 recommendations 
for halibut bycatch limits and apportionments (Table 5). Some changes 
may be made in the seasonal, gear type and fishing-complex 
apportionments of halibut PSC limits for the final 1996 specifications. 
NMFS considers the following types of information as presented by, and 
summarized from, the preliminary 1995 SAFE Report, or from public 
comment and testimony.

                                                                                                                

[[Page 61520]]
   Table 5.--Proposed 1996 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC  
 Limit for Hook-and-Line Gear Is Allocated to the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than
                                         DSR. Values Are in Metric Tons                                         
----------------------------------------------------------------------------------------------------------------
                  Trawl gear                                           Hook-and-line gear                       
----------------------------------------------------------------------------------------------------------------
                                                        Other than DSR                         DSR              
            Dates                  Amount     ------------------------------------------------------------------
                                                     Dates           Amount           Dates           Amount    
----------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31.................       600 (30%)  Jan 1-May 14....       242 (83%)  Jan 1-Dec 31...       10 (100%)
Apr 1-Jun 30.................       400 (20%)  May 15-Aug 31...        29 (10%)  ...............  ..............
Jul 1-Sep 30.................       600 (30%)  Sep 1-Dec 31....       19 (6.5%)  ...............  ..............
Oct 1-Dec 31.................       400 (20%)  ................  ..............  ...............  ..............
      Total..................    2,000 (100%)  ................      290 (100%)  ...............       10 (100%)
----------------------------------------------------------------------------------------------------------------



(A) Estimated Halibut Bycatch in Prior Years
    The best available information on estimated halibut bycatch is 
available from data collected in 1995 by NMFS-certified observers. The 
calculated halibut bycatch mortality by trawl, hook-and-line, and pot 
gear through October 7, 1995, is 1,561 mt, 354 mt, and 16 mt, 
respectively, for a total of 1,931 mt. Halibut bycatch restrictions 
seasonally constrained trawl gear fisheries during the first, second, 
and third quarters of the fishing year and are anticipated to constrain 
trawl gear fisheries during the fourth quarter. Trawling for the deep-
water fishery complex was closed during the first quarter on March 27 
(60 FR 16587; March 31, 1995), for the second quarter on April 22 (60 
FR 20658; April 27, 1995) and for the third quarter on July 21 (60 FR 
37601, July 21, 1995). The shallow-water fishery complex was closed in 
the second quarter on May 8 (60 FR 25623, May 12, 1995) and in the 
third quarter on July 17 (60 FR 37600, July 21, 1995). The amount of 
groundfish that might have been harvested if halibut had not been 
seasonally limiting in 1995 is unknown. However, lacking market 
incentives, some amounts of groundfish will not be harvested, 
regardless of halibut PSC bycatch availability.
(B) Expected Changes in Groundfish Stocks
    At its September 1995 meeting, the Council recommended lower 1996 
ABC amounts than 1995 ABC amounts for pollock, Pacific cod and 
thornyhead rockfish. A higher 1996 ABC than the 1995 ABC was 
recommended for POP.
    The 1996 ABC amounts for the remaining species or species groups 
remain unchanged from 1995 levels. More information on these proposed 
changes is included in the preliminary SAFE Report, dated September 
1995, and in the AP, SSC, and Council minutes from the September 1995 
meeting.
(C) Expected Changes in Groundfish Catch
    The total of the proposed 1996 TAC amounts for the GOA is 267,917 
mt, which represents 96 percent of the sum of TAC amounts for 1995 
(279,463 mt). Significant changes in TAC amounts for pollock, Pacific 
cod, and POP are proposed. POP is the only species for which a TAC was 
specified that is higher in 1996 than in 1995. This increase should not 
directly affect halibut bycatch.
(D) Current Estimates of Halibut Biomass and Stock Condition
    The stock assessment for 1995 conducted by the International 
Pacific Halibut Commission (IPHC) indicates that the total exploitable 
biomass of Pacific halibut in the GOA is approximately 166.9 million 
lbs. This represents a decline in biomass of approximately 16 percent 
from the previous stock assessment, a rate that is higher than the 5-15 
percent annual decline observed in previous years. The low recruitment 
of recent years indicates that the stock will continue its decline at a 
rate of about 10-15 percent per year over the next several years.
(E) Potential Impacts of Expected Fishing for Groundfish on Halibut 
Stocks and U.S. Halibut Fisheries
    Halibut fisheries will be adjusted to account for the overall 
halibut PSC mortality limit established for groundfish fisheries. The 
1996 groundfish fisheries are expected to use the entire proposed 
halibut PSC limit of 2,300 mt. The allowable directed commercial catch 
is determined by accounting for the recreational catch, waste, and 
bycatch mortality, and then providing the remainder to the directed 
fishery. Groundfish fishing is, therefore, not expected to affect the 
halibut stocks.
(F) Methods Available for, and Costs of, Reducing Halibut Bycatches in 
Groundfish Fisheries
    Methods available for reducing halibut bycatch include (1) reducing 
halibut bycatch rates through a Vessel Incentive Program; (2) 
modifications to gear; (3) changes in groundfish fishing seasons; (4) 
individual transferable quota programs, designed to reduce the derby-
style fishing; and (5) time/area closures.
    Reductions in groundfish TAC amounts provide no incentives for 
fishermen to reduce bycatch rates. Costs that would be imposed on 
fishermen as a result of reducing TAC amounts depend on species and 
amounts of groundfish foregone.
    Trawl vessels carrying observers for purposes of complying with the 
observer coverage requirements (50 CFR 677.10) are subject to the 
Vessel Incentive Program. The program encourages trawl fishermen to 
avoid high halibut bycatch rates while conducting groundfish fisheries 
by specifying bycatch rate standards for various target fisheries.
    Current regulations require groundfish pots to have halibut 
exclusion devices to reduce halibut bycatches. Resulting low bycatch 
and mortality rates of halibut in pot fisheries have justified 
exempting pot gear from PSC limits.
    The regulations also define pelagic trawl gear in a manner intended 
to reduce bycatch of halibut by displacing fishing effort off the 
bottom of the sea floor when certain halibut bycatch levels are reached 
during the fishing year. The definition provides standards for physical 
conformation (Sec. 672.2) and also for performance of the trawl gear in 
terms of crab bycatch (Sec. 672.7(m)). Furthermore, all hook-and-line 
vessel operators are required to employ careful release measures when 
handling halibut bycatch. This measure is intended to reduce handling 
mortality, increase the amount of groundfish harvested under 

[[Page 61521]]
the available halibut mortality bycatch limits, and possibly lower 
overall halibut bycatch mortality in groundfish fisheries.
    The sablefish/halibut IFQ program (implemented in 1995) was 
intended, in part, to reduce the halibut discard mortality in the 
sablefish fishery.
    Methods available for reducing halibut bycatch listed above will be 
reviewed by NMFS and the Council to determine their effectiveness. 
Changes will be initiated, as necessary, in response to this review or 
to public testimony and comment.
    Consistent with the goals and objectives of the FMP to reduce 
halibut bycatches while providing an opportunity to harvest the 
groundfish OY, NMFS proposes the assignments of 2,000 mt and 300 mt of 
halibut PSC mortality limits to trawl and hook-and-line gear, 
respectively. While these limits would reduce the harvest quota for 
commercial halibut fishermen, NMFS has determined that they would not 
result in unfair allocation to any particular user group. NMFS 
recognizes that some halibut bycatch will occur in the groundfish 
fishery, but the Vessel Incentive Program, required modifications to 
gear, and implementation of the IFQ program are intended to reduce 
adverse impacts on halibut fishermen while promoting the opportunity to 
achieve the OY from the groundfish fishery.
7. Proposed Seasonal Allocations of the Halibut PSC Limits
    Under Sec. 672.20(f)(1)(iii), NMFS proposes to allocate seasonally 
the halibut PSC limits after receiving recommendations from the 
Council. The FMP requires that the following information be considered 
by the Council in recommending seasonal allocations of halibut: (1) 
Seasonal distribution of halibut, (2) seasonal distribution of target 
groundfish species relative to halibut distribution, (3) expected 
halibut bycatch needs on a seasonal basis relevant to changes in 
halibut biomass and expected catches of target groundfish species, (4) 
expected bycatch rates on a seasonal basis, (5) expected changes in 
directed groundfish fishing seasons, (6) expected actual start of 
fishing effort, and, (7) economic effects of establishing seasonal 
halibut allocations on segments of the target groundfish industry.
    The Council recommended the same seasonal allocation of PSC limits 
for the 1996 fishing year as those in effect during the 1995 fishing 
year. The publication of the final 1995 initial groundfish and PSC 
specifications (60 FR 8470, February 14, 1995) summarizes Council 
findings with respect to each of the FMP considerations set forth 
above. At this time, the Council's findings are unchanged from those 
set forth for 1995.
    Pacific halibut PSC catch limits, and apportionments thereof, are 
presented in Table 5. The regulations specify that any overages or 
shortfalls in PSC catches will be accounted for within the 1996 season. 
The Council did not recommend changes in the seasonal apportionments 
for the hook-and-line gear fisheries from those specified in 1995.
    Regulations at Sec. 672.20(f)(1) authorize apportionments of the 
trawl halibut PSC limit allowance as bycatch allowances to a deep-water 
species fishery, comprised of sablefish, rockfish, deep-water flatfish, 
rex sole and arrowtooth flounder, and a shallow-water species fishery, 
comprising pollock, Pacific cod, shallow-water flatfish, flathead sole, 
Atka mackerel, and ``other species.'' The proposed apportionment for 
these two fishery complexes is presented in Table 6 and is unchanged 
from 1995.

Table 6.--Proposed 1996 Apportionment of Pacific Halibut PSC Trawl Limits Between the Deep-Water Species Fishery
                        and the Shallow-Water Species Fishery. Values Are in Metric Tons.                       
----------------------------------------------------------------------------------------------------------------
                             Season                                Shallow-water    Deep-water         Total    
----------------------------------------------------------------------------------------------------------------
Jan. 20-Mar. 31.................................................             500             100             600
Apr. 1-Jun. 30..................................................             100             300             400
Jul. 1-Sep. 30..................................................             200             400             600
Oct. 1-Dec. 31..................................................                                                
(2) No apportionment between shallow and deep for the 4th                                                       
 quarter.                                                                                                       
----------------------------------------------------------------------------------------------------------------

    Assumed halibut mortality rates for halibut PSC bycatch in 1996 are 
based on an average of mortality rates determined from NMFS-observer 
data collected during 1993 and 1994. Because the rates for 1993 were 
lacking for hook-and-line rockfish the average of 1991 and 1994 was 
used. Except as noted below, the Council proposed that halibut discard 
mortality rates recommended by the IPHC be adopted for purposes of 
monitoring halibut bycatch mortality limits established for the 1996 
groundfish fisheries. In 1995, the Council established separate 
mortality rates for the GOA at-sea and shoreside bottom trawl pollock 
fisheries. However, NMFS notes that directed fishing for GOA pollock by 
the offshore component is prohibited under Sec. 672.20(a)(2)(v). The 
IPHC did not propose a rate for the GOA bottom trawl pollock fishery 
for 1996. Until further information is available, NMFS is proposing to 
use the actual observed 1994 rate for the bottom trawl fishery (with no 
separation for at-sea and shoreside), which is the most current 
information available for this fishery.
    The IPHC determined that the careful release measures implemented 
for vessels using hook-and-line gear did not show appreciable 
improvements in mortality rates and has recommended one rate for both 
observed and unobserved vessels in the hook-and-line fisheries. This 
action was approved by the Council in 1995. NMFS is proposing this for 
1996 as well. The halibut mortality rates are listed in Table 7.

   Table 7.--1996 Assumed Pacific Halibut Mortality Rates for Vessels   
   Fishing in the Gulf of Alaska. Table Values Are Percent of Halibut   
                       Bycatch Assumed To Be Dead.                      
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                        Gear and Target                                 
                                                                        
Hook-and-Line:                                                          
  Sablefish...................................................        24
  Pacific cod.................................................        13
  Rockfish....................................................        19
Trawl:                                                                  
  Midwater pollock............................................        68
    Rockfish..................................................        58
    Shallow-water flatfish....................................        64
  Pacific cod.................................................        57
  Deep-water flatfish.........................................        56
  Bottom pollock..............................................        57
Pot:                                                                    
  Pacific cod.................................................        18
------------------------------------------------------------------------

    The analysis by the IPHC on the halibut discard mortality rates was 


[[Page 61522]]
conducted on a preliminary data set provided by the NMFS Observer 
Program Office. A final data set is expected to be available in late 
September, which will allow refinement of this analysis, as well as 
additional analyses.
    After the December 1995 Council meeting, NMFS will consider all 
available data and will announce preseason assumed halibut mortality 
rates in the Federal Register with the final 1996 initial 
specifications for groundfish TAC amounts.

Classification

    This action is authorized under 50 CFR 611.92 and 672.20 and is 
exempt from review under E.O. 12866. This action is also covered by the 
regulatory flexibility analysis prepared for the implementing 
regulations.
    A draft environmental assessment (EA) on the allowable harvest 
levels set forth in the final 1995 SAFE Report will be available for 
public review from the NMFS, Alaska Region (see ADDRESSES), and at the 
December 1995 Council meeting. After the December meeting, a final EA 
will be prepared on the final 1996 TAC amounts after consultation by 
the Council.
    Consultation pursuant to section 7 of the Endangered Species Act 
has been initiated for the 1996 GOA initial specifications.

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

    Dated: November 24, 1995.
Nancy Foster,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 95-29263 Filed 11-29-95; 8:45 am]
BILLING CODE 3510-22-W