[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4304-4311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2292]




[[Page 4303]]

_______________________________________________________________________

Part II





Department of Commerce





_______________________________________________________________________



National Oceanic and Atmospheric Administration



_______________________________________________________________________



50 CFR Part 611, et al.



Groundfish of the Gulf of Alaska; Groundfish Fishery of the Bering Sea 
and Aleutian Islands; Final Rules

  Federal Register / Vol. 61, No. 24 / Monday, February 5, 1996 / Rules 
and Regulations   

[[Page 4304]]


DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611, 672, and 676

[Docket No. 960129018-6018-01; I.D. 110295B]


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

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

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

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

SUMMARY: NMFS announces final 1996 harvest specifications for Gulf of 
Alaska (GOA) groundfish and associated management measures. This action 
is necessary to establish harvest limits and associated management 
measures for groundfish during the 1996 fishing year. NMFS is also 
closing fisheries as specified in the final 1996 groundfish 
specifications. These measures are intended to carry out management 
objectives contained in the Fishery Management Plan for Groundfish of 
the Gulf of Alaska (FMP).

EFFECTIVE DATES: The final 1996 harvest specifications are effective at 
12 noon Alaska local time (A.l.t.) on January 30, 1996, through 24:00 
A.l.t. December 31, 1996, or until changed by subsequent notification 
in the Federal Register. The closures to directed fishing are effective 
January 30, 1996, through 24:00 A.l.t., December 31, 1996, or until 
changed by subsequent notification in the Federal Register.

ADDRESSES: Copies of the Environmental Assessment (EA) for 1996 Total 
Allowable Catch Specifications for the GOA, dated January 1996, may be 
obtained from Ronald J. Berg, Chief, Fisheries Management Division, 
National Marine Fisheries Service, P.O. Box 21668, Juneau, AK 99802-
1668. The Final Stock Assessment and Fishery Evaluation Report (SAFE 
report), dated November 1995, is available from the North Pacific 
Fishery Management Council, 605 W 4th Ave Suite 306, Anchorage, AK 
99501-2252, or by calling 907-271-2809.

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

SUPPLEMENTARY INFORMATION:

Background

    NMFS announces for the 1996 fishing year: (1) Total allowable catch 
(TAC) amounts for each groundfish 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) 
assignments of the sablefish TAC to authorized fishing gear users; (4) 
apportionments of pollock TAC among regulatory areas, seasons, and 
between inshore and offshore components; (5) apportionment of Pacific 
cod TAC between inshore and offshore components; (6) ``other species'' 
TAC; (7) prohibited species catch (PSC) limits relevant to fully 
utilized groundfish species; (8) closures to directed fishing; (9) 
Pacific halibut PSC mortality limits; and (10) seasonal apportionments 
of the halibut PSC limits. A discussion of each of these measures 
follows.
    The process of determining TACs for groundfish species in the GOA 
is established in regulations implementing the FMP, which was prepared 
by the North Pacific Fishery Management Council (Council) under 
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. fishery at 50 CFR parts 672, 676, and 677. 
General regulations that also pertain to U.S. fisheries appear at 50 
CFR part 620.
    Pursuant to Sec. 672.20(a)(2)(ii), the sum of the TACs for all 
species must fall within the combined optimum yield (OY) range of 
116,000-800,000 metric tons (mt) established for these species in 
Sec. 672.20(a)(1). Under Secs. 611.92(c)(1) and 672.20(a)(2)(i), TACs 
are apportioned initially among DAP, JVP, TALFF, and reserves. The 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 typically deliver their catches to foreign 
processors at sea. TALFF amounts are intended for harvest by foreign 
fishermen.
    Regulations at Sec. 672.20(a)(2)(ii) establish initial reserves 
equal to 20 percent of the TACs for pollock, Pacific cod, flatfish 
species categories, and ``other species.'' NMFS has apportioned all of 
the reserves to DAP in the final harvest specifications. Reserves that 
are not reapportioned to DAP or JVP may be reapportioned to TALFF 
according to Sec. 672.20(d)(2).
    The Council met from September 27 through October 2, 1995, and 
developed recommendations for proposed 1996 TAC specifications for each 
species category of groundfish on the basis of the best available 
scientific information. The Council also recommended other management 
measures pertaining to the 1996 fishing year. Under 
Sec. 672.20(c)(1)(ii), the proposed GOA groundfish specifications and 
specifications for prohibited species bycatch allowances for the 
groundfish fishery of the GOA were published in the Federal Register on 
November 30, 1995 (60 FR 61514). Interim amounts of one-fourth the TAC 
were published in the Federal Register on November 30, 1995 (60 FR 
61492). The final 1996 initial groundfish harvest specifications and 
prohibited species bycatch allowances implemented under this action 
supersede the interim 1996 specifications.
    The Council met December 6 through 10, 1995, to review the best 
available scientific information concerning groundfish stocks, and to 
consider public testimony regarding 1996 groundfish fisheries. 
Scientific information is contained in the November 1995 SAFE report 
for the GOA. The SAFE report was prepared and presented by the GOA Plan 
Team to the Council and the Council's Scientific and Statistical 
Committee (SSC) and Advisory Panel (AP) and includes the most recent 
information concerning the status of groundfish stocks based on the 
most recent catch data, survey data, and biomass projections using 
different modeling approaches or assumptions.
    For establishment of the acceptable biological catches (ABCs) and 
TACs, the Council considered information in the SAFE report, 
recommendations from its SSC and AP, as well as public testimony. The 
SSC adopted the ABC recommendations from the Plan Team, which were 
provided in the SAFE report, for all of the groundfish species 
categories, except Pacific ocean perch (POP) and pelagic shelf 
rockfish.
    The Plan Team separated dusky rockfish from the pelagic shelf 
rockfish assemblage and recommended an ABC for dusky rockfish of 5,090 
mt and an ABC of 340 mt for the remainder of the pelagic shelf rockfish 
complex. The Plan Team recommended this action because adult dusky 
rockfish reside in habitats different from other species in the pelagic 
shelf rockfish assemblage. Adult dusky rockfish are commonly found on 
deeper offshore banks with smooth bottoms and are susceptible to trawl-
gear operations. Conversely, most other rockfish in the assemblage 
inhabit shallow, rocky, nearshore areas and are 

[[Page 4305]]
usually taken in jig fisheries. Furthermore, concerns exist about 
localized over-exploitation of black rockfish and other near-shore 
species in the Central GOA as a result of the developing rockfish jig 
fishery in that area.
    The SSC did not believe adequate biological information is 
available to separate dusky rockfish from the pelagic shelf rockfish 
assemblage. Concern was also expressed that the small ABC for the 
remaining pelagic shelf complex could cause these species to be placed 
on a prohibited species status to avoid reaching the overfishing limit 
and result in closure of other fisheries. For these reasons the SSC did 
not recommend separating dusky rockfish from the pelagic shelf rockfish 
complex. The Council accepted the SSC's recommendation.
    The SSC also did not accept the Plan Team's ABC (8,060 mt) for POP. 
As in previous years, the Plan Team adjusted the POP ABC by a ratio of 
F35%/F30% to provide a buffer between ABC and the overfishing 
limit. The SSC does not agree with this adjustment and, as it did in 
1994 and 1995, recommended that the ABC equal the overfishing limit 
(10,165 mt). However, the Council adopted the recommendations of the 
Plan Team and set the ABC at 8,060 mt.
    The ABC for demersal shelf rockfish (DSR) increased significantly 
over the 1995 estimates. This increase is mainly due to improvements in 
the assessment methodologies involving surveys using research 
submarines.
    The Council adopted the SSC ABC recommendations for each species 
category, except for POP. The Council's recommended ABCs, listed in 
Table 1, reflect harvest amounts that are less than the specified 
overfishing amounts (Table 1). The sum of 1996 ABCs for all groundfish 
is 475,170 mt, which is lower than the 1995 ABC total of 492,780 mt.

1. Specifications of TAC and Apportionments Thereof Among DAP, JVP, 
TALFF, and Reserves

    The Council recommended TACs equal to ABCs for pollock, Pacific 
cod, sablefish, shortraker/rougheye rockfish, pelagic shelf rockfish, 
demersal shelf rockfish, Atka mackerel and northern rockfish. The 
Council recommended TACs less than the ABC for shallow-water and deep-
water flatfish, other slope rockfish, rex sole, flathead sole, 
arrowtooth flounder, and thornyhead rockfish (Table 1).
    The TAC for pollock is continuing to decline, following a downward 
trend in the ABC for this species. The 1996 sablefish TAC is also lower 
than the 1995 amount. For 1996 the SSC recommended that the ABC for 
Atka mackerel be reduced by one-half, from 6,480 mt to 3,240 mt, 
consistent with last year's recommendation. This conservative approach 
is recommended because of 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.
    For other slope rockfish the AP recommended increases in all 
regulatory areas to allow these species, which are primarily taken as 
bycatch, to be processed and marketed instead of being discarded. The 
Council accepted the AP recommendation for the Central Gulf Regulatory 
Area of 1,170 mt, which should provide enough for bycatch needs. The 
Council, however, reduced the AP's recommended amounts in the Western 
and Eastern Regulatory Areas to levels that should also be enough for 
bycatch needs.
    The TAC for thornyhead rockfish was also reduced by the Council 
from 1,560 mt to 1,248 mt to create a buffer between the TAC and ABC.
    The sum of the TACs for all GOA groundfish is 260,207 mt, which is 
within the OY range specified by the FMP. The sum of the TACs is lower 
than the 1995 TAC sum of 279,463 mt. The Council, after adopting the 
TACs, recommended 1996 apportionments of the TACs for each species 
category among DAP, JVP, TALFF, and reserves. 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 the DAP allowance equal the TAC for each 
species category, resulting in no TALFF or JVP apportionments for the 
1996 fishing year.
    NMFS has reviewed the Council's recommendation for TAC 
specifications and apportionments and hereby approves these 
specifications under Sec. 672.20(c)(1)(ii)(B). The TAC for ``other 
species'' is calculated as 5 percent of the sum of TACs for the other 
groundfish species categories, or 12,390 mt.
    The 1996 ABCs, TACs, and overfishing levels are shown in Table 1.

                                                     Table 1                                                    
   [1996 ABCs, TACs (=DAP), and Overfishing Levels of Groundfish (Metric Tons) for the Western/Central (W/C),   
   Western (W), Central (C), and Eastern (E) Regulatory Areas and in the West Yakutat (WYK), Southeast Outside  
 (SEO), and Gulf-Wide (GW) Districts of the Gulf of Alaska. 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. 
                        Reserves are Apportioned to DAP. Values are in Metric Tons (mt)]                        
----------------------------------------------------------------------------------------------------------------
                  Species                              Area \1\                ABC          TAC      Overfishing
----------------------------------------------------------------------------------------------------------------
Pollock: \2\                                                                                                    
  Shumagin................................  (61).........................       25,480       25,480  ...........
  Chirikof................................  (62).........................       12,840       12,840       82,000
  Kodiak..................................  (63).........................       13,680       13,680  ...........
                                                                          --------------------------------------
    Subtotal..............................  W/C..........................       52,000       52,000  ...........
                                            E............................        2,810        2,810        4,400
                                                                          --------------------------------------
    Total.................................  .............................       54,810       54,810       86,400
                                                                          ======================================
Pacific cod: \3\                                                                                                
                                            W............................       18,850       18,850  ...........
                                            C............................       42,900       42,900  ...........
                                            E............................        3,250        3,250  ...........
                                                                          --------------------------------------
    Total.................................  .............................       65,000       65,000       88,000
                                                                          ======================================
Flatfish \4\ (deepwater):                                                                                       
                                            W............................          670          460  ...........
                                            C............................        8,150        7,500  ...........

[[Page 4306]]
                                                                                                                
                                            E............................        5,770        3,120  ...........
                                                                          --------------------------------------
    Total.................................  .............................       14,590       11,080       17,040
                                                                          ======================================
Rex sole:\4\                                                                                                    
                                            W............................        1,350          800  ...........
                                            C............................        7,050        7,050  ...........
                                            E............................        2,810        1,840  ...........
                                                                          --------------------------------------
    Total.................................  .............................       11,210        9,690       13,091
                                                                          ======================================
Flathead sole:                                                                                                  
                                            W............................       26,280        2,000  ...........
                                            C............................       23,140        5,000  ...........
                                            E............................        2,850        2,740  ...........
                                                                          --------------------------------------
    Total.................................  .............................       52,270        9,740       31,557
                                                                          ======================================
Flatfish \5\ (shallow-water):                                                                                   
                                            W............................        8,880        4,500  ...........
                                            C............................       17,170       12,950  ...........
                                            E............................        2,740        1,180  ...........
                                                                          --------------------------------------
    Total.................................  .............................       28,790       18,630       60,262
                                                                          ======================================
Arrowtooth flounder:                                                                                            
                                            W............................       28,400        5,000  ...........
                                            C............................      141,290       25,000  ...........
                                            E............................       28,440        5,000  ...........
                                                                          --------------------------------------
    Total.................................  .............................      198,130       35,000      231,416
                                                                          ======================================
Sablefish: \6\                                                                                                  
                                            W............................        2,200        2,200  ...........
                                            C............................        6,900        6,900  ...........
                                            WYK..........................        3,040        3,040  ...........
                                            SEO..........................        4,940        4,940  ...........
                                                                          --------------------------------------
    Total.................................  .............................       17,080       17,080       22,800
                                                                          ======================================
Pacific ocean perch: \7\                                                                                        
                                            W............................        1,460        1,260        1,840
                                            C............................        3,860        3,333        4,870
                                            E............................        2,740        2,366        3,455
                                                                          --------------------------------------
    Total.................................  .............................        8,060        6,959       10,165
                                                                          ======================================
Short raker/rougheye: \8\                                                                                       
                                            W............................          170          170  ...........
                                            C............................        1,210        1,210  ...........
                                            E............................          530          530  ...........
                                                                          --------------------------------------
    Total.................................  .............................        1,910        1,910        2,925
                                                                          ======================================
Other rockfish: 9 10 11                                                                                         
                                            W............................          180          100  ...........
                                            C............................        1,170        1,170  ...........
                                            E............................        5,760          750  ...........
                                                                          --------------------------------------
    Total.................................  .............................        7,110        2,020        8,395
                                                                          ======================================
Northern Rockfish: \12\                                                                                         
                                            W............................          640          640  ...........
                                            C............................        4,610        4,610  ...........
                                            E............................           20           20  ...........
                                                                          --------------------------------------
    Total.................................  .............................        5,270        5,270        9,926
                                                                          ======================================

[[Page 4307]]
                                                                                                                
Pelagic shelf rockfish: \13\                                                                                    
                                            W............................          910          910  ...........
                                            C............................        3,200        3,200  ...........
                                            E............................        1,080        1,080  ...........
                                                                          --------------------------------------
    Total.................................  .............................        5,190        5,190        8,704
                                                                          ======================================
Demersal shelf rockfish: \11\                                                                                   
                                            SEO..........................          950          950        1,702
Thornyhead rockfish:                                                                                            
                                            GW...........................        1,560        1,248        2,200
Atka mackerel:                                                                                                  
                                            .............................  ...........        2,310  ...........
                                            C............................  ...........          925  ...........
                                            E............................  ...........            5  ...........
                                                                          --------------------------------------
    Total.................................  .............................        3,240        3,240        9,800
                                                                          ======================================
Other species: \14\                                                                                             
                                            GW...........................     N/A \15\       12,390  ...........
                                                                          ======================================
    Total: \16\...........................  .............................      475,170      260,207     604,383 
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec.  672.2.                                                  
\2\ 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.                                                                        
\3\ Pacific cod is allocated 90 percent to the inshore, and 10 percent to the offshore component. Component     
  allowances are shown in Table 4.                                                                              
\4\ ``Deep water flatfish'' means Dover sole and Greenland turbot.                                              
\5\ ``Shallow water flatfish'' means flatfish not including ``deep water flatfish,'' flathead sole, rex sole, or
  arrowtooth flounder.                                                                                          
\6\ Sablefish is allocated to trawl and hook-and-line gears (Table 2).                                          
\7\ ``Pacific ocean perch'' means Sebastes alutus.                                                              
\8\ ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).         
\9\ ``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.                                                                                               
\10\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), 
  S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S.  
  wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani       
  (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus    
  (vermilion), and S. reedi (yellowmouth).                                                                      
\11\ ``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).
                                                                                                                
\12\ ``Northern rockfish'' means Sebastes polyspinis.                                                           
\13\ ``Pelagic shelf rockfish'' means Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S.    
  entomelas (widow), and S. flavidus (yellowtail).                                                              
\14\ ``Other species'' means sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC   
  for ``other species'' equals 5 percent of the TACs of target species.                                         
\15\ N/A means not applicable.                                                                                  
\16\ The total ABC is the sum of the ABCs for target species.                                                   



2. Apportionment of Reserves to DAP

    Regulations implementing the FMP require that 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)). For the preceding 8 years, 
including 1995, NMFS has apportioned all of the reserves to DAP in the 
final harvest specifications. NMFS proposed apportionment of reserves 
for 1996 in the proposed GOA groundfish specifications published in the 
Federal Register on November 30, 1995 (60 FR 61514). NMFS received no 
public comments on the proposed apportionments. For 1996, NMFS 
apportions reserves for each species category to DAP, anticipating that 
domestic harvesters and processors will need all the DAP amounts.

3. Assignment of the Sablefish TACs to Authorized Fishing Gear Users

    Under Sec. 672.24(c), sablefish TACs for each of the regulatory 
areas and districts are assigned to hook-and-line and trawl gear. In 
the Western and Central Regulatory Areas, 80 percent of each TAC is 
assigned 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 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 gear must 
be treated as prohibited species and may not be retained. Table 2 shows 
the assignments of the 1996 sablefish TACs between hook-and-line and 
trawl gear. 

[[Page 4308]]


                                 Table 2                                
[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-    Trawl 
                Area/District                    TAC      line    share 
                                                         share          
------------------------------------------------------------------------
Western......................................    2,200    1,760      440
Central......................................    6,900    5,520    1,380
West Yakutat.................................    3,040    2,888      152
Southeast Outside............................    4,940    4,693      247
                                              --------------------------
    Total....................................   17,080   14,861    2,219
------------------------------------------------------------------------

4. Apportionments of Pollock TAC Among Regulatory Areas, Seasons, and 
Between Inshore and Offshore Components

    In the GOA, pollock is apportioned by area, season, and inshore/
offshore components. Regulations at Sec. 672.20(a)(2)(iv) require that 
the TAC for pollock in the combined W/C GOA be apportioned among 
statistical areas Shumagin (61), Chirikof (62), and Kodiak (63) in 
proportion to known distributions 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 among the four quarterly reporting periods of 
the fishing year (Table 3). Within any fishing year, any unharvested 
amount of any quarterly allowance of pollock TAC is added in equal 
proportions to the quarterly allowance of following quarters, resulting 
in a sum for each quarter that does not 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. As specified at 
Sec. 672.23(e), directed fishing for the four quarterly allowances will 
start on January 1, June 1, July 1, and October 1. The Eastern 
Regulatory Area pollock TAC of 2,810 mt is not allocated among smaller 
areas, or quarters.
    The Council is expected to take final action in January 1996 on a 
proposed amendment, which, if approved by NMFS, would combine the third 
and fourth quarters into a final season with a start date in September 
or October. This would change the pollock seasonal apportionments from 
four seasons to three seasons. Should the Council recommend this change 
and NMFS approve it, any ensuing changes to the 1996 seasonal 
apportionment of pollock TACs would be implemented under a separate 
rulemaking.
    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. One 
hundred percent of the pollock DAP in each regulatory area is 
apportioned to the inshore component 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. The amount of 
pollock available for harvest by vessels in the offshore component is 
that amount actually taken as bycatch during directed fishing for 
groundfish species other than pollock, up to the maximum retainable 
bycatch amounts allowed under regulations at Sec. 672.20(g).

                                 Table 3                                
 [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 52,000 Metric Tons  
 (mt). Biomass Distribution is Based on 1993 Survey Data. TACs are Equal
 to ABC. Inshore and Offshore Allocations of Pollock are not Shown. ABCs
               and TACs are Rounded to the Nearest 10 mt]               
------------------------------------------------------------------------
                                             Biomass    1996   Quarterly
              Statistical area               percent    TAC    allowance
------------------------------------------------------------------------
Shumagin (61)..............................     49.0   25,480     6,370 
Chirikof (62)..............................     24.7   12,840     3,210 
Kodiak (63)................................     26.3   13,680     3,420 
                                            ----------------------------
    Total..................................    100.0   52,000    13,000 
------------------------------------------------------------------------

5. Apportionment of Pacific Cod TAC Between Inshore and Offshore 
Components

    Regulations at Sec. 672.20(a)(2)(v)(B) require that the DAP 
apportionment of Pacific cod in all regulatory areas be allocated to 
vessels catching Pacific cod for processing by the inshore and offshore 
components. The inshore component is equal to 90 percent of the Pacific 
cod TAC in each regulatory area. The remaining 10 percent of the TAC is 
assigned to the offshore component. Inshore and offshore allocations of 
the 65,000 mt Pacific cod TAC for 1996 are shown in Table 4.

                                 Table 4                                
  [1996 Allocation (metric tons) of Pacific Cod in the Gulf of Alaska;  
             Allocations to Inshore and Offshore Components]            
------------------------------------------------------------------------
                                                           Component    
                                                          allocation    
              Regulatory area                  TAC   -------------------
                                                       Inshore  Offshore
                                                        (90%)     (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
------------------------------------------------------------------------

6. PSC Limits Relevant to Fully Utilized Species

    Under Sec. 672.20(b)(1), if NMFS determines, after consultation 
with the Council, that the TAC for any species or species group will be 
fully utilized in the DAP fishery, a groundfish PSC limit applicable to 
the JVP fisheries may be specified for that species or species group.
    The Council recommended that DAP equal TAC for each species 
category. NMFS concurs with the Council's recommendation, and has not 
established any JVP amounts; therefore, no groundfish PSC limits under 
Sec. 672.20(b)(1) are necessary.

7. Closures to Directed Fishing

    The ``interim 1995 initial specifications of groundfish, associated 
management measures, and closures'' for the GOA (60 FR 61492, November 
30, 1995) contained several closures to directed fishing for groundfish 
during 1996. The closures for the final specifications, which supersede 
the closures announced in the interim specifications, are listed in 
Table 5.
    Under Sec. 672.20(c)(2)(ii), the Regional Director determined that 
the entire TACs or allocations of TAC of groundfish species and species 
groups listed in Table 5 will be needed as incidental catch to support 
other anticipated groundfish fisheries during 1996. The Regional 
Director is establishing directed fishing allowances of zero mt and 
prohibiting directed fishing for the remainder of the year for the 
fisheries listed in Table 5. Maximum retainable bycatch amounts for the 
aforementioned closures may be found at Sec. 672.20(g).
    In addition to the above closures, NMFS closed Statistical Area 61 
to directed fishing for pollock effective 12 noon, A.l.t., January 28, 
1996 (Action filed by the Office of the Federal Register on January 26, 
1996.) and Statistical Area 62 to directed fishing for pollock 
effective 12 noon, A.l.t., January 29, 1996 (Action filed by the Office 
of 

[[Page 4309]]
the Federal Register on January 26, 1996.) under authority of the 
interim 1996 specifications. In accordance with Sec. 672.20(c)(2)(ii) 
and Sec. 672.23(e), the closures for Statistical Areas 61 and 62 will 
remain in effect until the second quarter directed fishery opens at 
noon, A.l.t., June 1, 1996, or until changed by subsequent notification 
in the Federal Register. Under authority of the interim 1996 
specifications, NMFS closed Statistical Area 63 to directed fishing for 
pollock effective 12 noon, A.l.t., January 23, 1996 (61 FR 2457, 
January 26, 1996) in order to reserve amounts anticipated to be needed 
for incidental catch in other fisheries. The Regional Director 
determined that the first quarterly TAC for pollock in Statistical Area 
63 had not been reached. On January 29, 1996, NMFS terminated the 
closure and opened directed fishing for pollock (Action filed with the 
Office of Federal Register on January 29, 1996.). Under the final 1996 
specifications, the directed fishery for pollock in Statistical Area 63 
will remain open until 12 noon, A.l.t., April 1, 1996, or until changed 
by subsequent notification in the Federal Register.

 Table 5.--Closures to Directed Fishing for Total Allowable Catches 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                
Deep-water flatfish.................  ..........................  ALL...................  WG                    
Other rockfish \2\..................  ..........................  ALL...................  GOA                   
Pacific cod.........................  Offshore..................  ALL...................  EG                    
Sablefish...........................  ..........................  TRW...................  GOA                   
Shortraker/rougheye rockfish........  ..........................  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.                                                                                                 
\2\ Other rockfish includes slope and demersal shelf rockfish in the WG and CG.                                 

8. Halibut Prohibited Species Catch (PSC) Mortality Limits

    Under Sec. 672.20(f)(2), annual Pacific halibut PSC limits are 
established and apportioned to trawl and hook-and-line gear and are 
established for pot gear.
    Regulations at Sec. 672.20(f)(1)(ii) authorize the exemption of 
specified non-trawl fisheries from the halibut PSC limit. As in 1995 
the Council exempted pot gear and the hook-and-line sablefish fishery 
from the non-trawl halibut limit for 1996. The Council recommended 
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 program, which allows legal-sized halibut to be retained in the 
sablefish fishery.
    As in 1995, the Council recommended a hook-and-line halibut PSC 
mortality limit of 300 mt. Ten mt of this limit are apportioned to the 
DSR fishery. The remainder is seasonally apportioned among the non-
sablefish hook-and-line fisheries as shown in Table 6.
    The Council continued to recommend a trawl PSC mortality limit of 
2,000 mt. The PSC limit has remained unchanged since 1989. Regulations 
at Sec. 672.20(f)(1)(i) authorize separate apportionments of the trawl 
halibut bycatch mortality limit between trawl fisheries for deep-water 
and shallow-water species fisheries. These apportionments are divided 
seasonally to avoid seasonally high halibut bycatch rates.
    NMFS concurs with the Council's recommendations listed above. The 
following types of information as presented in, and summarized from, 
the 1995 SAFE report, or as otherwise available from NMFS, Alaska 
Department of Fish and Game, the International Pacific Halibut 
Commission (IPHC) or public testimony were considered:
(A) Estimated Halibut Bycatch in Prior Years
    The best available information on estimated halibut bycatch is 
available from 1995 observations of the groundfish fisheries as a 
result of the NMFS Observer Program. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gear through December 31, 
1995, is 2,065 mt, 325 mt, and 16 mt, respectively, for a total of 
2,406 mt.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries throughout the year. 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). All trawling was closed in the 
fourth quarter on October 23.
    The amount of groundfish that trawl or hook-and-line gear might 
have 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 December 1995 meeting, the Council adopted lower ABCs for 
pollock, Pacific cod, sablefish, and thornyhead rockfish than those 
established for 1995. The Council adopted higher ABCs for DSR and POP 
than those established for 1995. More information on these changes is 
included in the Final SAFE Report dated November 1995 and in the 
Council and SSC minutes.
(C) Expected Changes in Groundfish Catch
    The total of the 1996 TACs for the GOA is 260,207 mt, a slight 
decrease from the 1995 TAC total of 279,463 mt. At its December 1995 
meeting, the Council changed the 1996 TACs for some fisheries from the 
1995 TACs. Those fisheries for which the 1996 TACs are lower than in 
1995 are pollock (decreased to 54,810 mt from 65,360 mt), Pacific cod 
(decreased to 65,000 mt from 69,200 mt), sablefish (decreased to 17,080 
mt from 21,500 mt), other slope rockfish (decreased to 2,020 mt from 
2,235 mt), and thornyhead rockfish (decreased to 1,248 mt from 1,900 
mt). Those species for which the 1996 TAC 

[[Page 4310]]
is higher than in 1995 are POP (increased to 6,959 mt from 5,630 mt) 
and DSR (increased to 950 mt from 580 mt).
(D) Current Estimates of Halibut Biomass and Stock Condition
    The stock assessment for 1995 conducted by the IPHC indicates that 
the total exploitable biomass of Pacific halibut in the BSAI management 
area and the GOA together was 166.85 million lbs (75,700 mt). Biomass 
declined 18 percent between 1993 and 1994, and indicates a decline of 
14 percent between 1994 and 1995. These rates are high relative to the 
5-15 percent declines observed in previous years.
    Recruitment of 8-year-old halibut appears again to have dropped off 
in all areas. Recruitment in 1995 represents the lowest recruitment of 
8-year-old fish observed in nearly two decades. 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) Other Factors
    Potential impacts of expected fishing for groundfish on halibut 
stocks and U.S. halibut fisheries and methods available for, and costs 
of, reducing halibut bycatches in the groundfish fisheries were 
discussed in the proposed 1996 specifications (60 FR 61514, November 
30, 1995). That discussion is not repeated here.

9. Seasonal Allocations of the Halibut PSC Limits

    Under Sec. 672.20(f)(1)(iii), NMFS seasonally allocates the halibut 
PSC limits based on recommendations from the Council. The FMP requires 
that the following information be considered by the Council in 
recommending seasonal allocations of halibut: (a) Seasonal distribution 
of halibut, (b) seasonal distribution of target groundfish species 
relative to halibut distribution, (c) expected halibut bycatch needs on 
a seasonal basis relative to changes in halibut biomass and expected 
catches of target groundfish species, (d) expected bycatch rates on a 
seasonal basis, (e) expected changes in directed groundfish fishing 
seasons, (f) expected actual start of fishing effort, and (g) economic 
effects of establishing seasonal halibut allocations on segments of the 
target groundfish industry.
    The notices publishing the final 1995 initial groundfish and PSC 
specifications (60 FR 3470, February 14, 1995, as amended by 60 FR 
12149, March 6, 1995) summarize 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 limits, and apportionments thereof, are presented in Table 6. 
Regulations specify that any overages or shortfalls in a seasonal 
apportionment of a PSC limit will be deducted from or added to the next 
respective seasonal apportionment within the 1996 season.

 Table 6.--Final 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 17....       250 (86%)  Jan 1-Dec 31....       10 (100%)
Apr 1-Jun 30................       400 (20%)  May 18-Aug 31...         15 (5%)                                  
Jul 1-Sep 30................       600 (30%)  Sep 1-Dec 31....         25 (9%)                                  
Oct 1-Dec 31................       400 (20%)                                                                    
                             -----------------------------------------------------------------------------------
      Total.................    2,000 (100%)    ..............      290 (100%)    ..............       10 (100%)
----------------------------------------------------------------------------------------------------------------

    Regulations at Sec. 672.20(f)(1)(i) authorize apportionments of the 
trawl halibut PSC limit allowance as bycatch allowances to a deep-water 
species fishery category, comprised of sablefish, rockfish, deep-water 
flatfish, rex sole and arrowtooth flounder; and a shallow-water species 
fishery category, comprised of pollock, Pacific cod, shallow-water 
flatfish, flathead sole, Atka mackerel, and other species. The 
apportionment for these two fishery categories is presented in Table 7.

  Table 7.--Final 1996 Apportionment of Pacific Halibut PSC Trawl Limits Between the Deep-water Species Complex 
                        and the Shallow-water Species Complex. 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--No apportionment between shallow-water and deep-water fishery categories during the 4th quarter.
----------------------------------------------------------------------------------------------------------------

    The Council recommended that the revised halibut discard mortality 
rates recommended by the IPHC be adopted for purposes of monitoring 
halibut bycatch mortality limits established for the 1996 groundfish 
fisheries. NMFS concurs with the Council's recommendation. The IPHC's 
assumed halibut mortality rates are based on an average of mortality 
rates determined from NMFS-observer data collected during 1993 and 
1994. Two separate mortality rates are established for the GOA bottom 
trawl pollock fishery: 54 percent for shoreside processors and 74 
percent for at-sea processors. The rate differences for at-sea and 
shoreside processors result from analyses by the IPHC, which showed 
that at-sea processing vessels had a significantly higher discard 
mortality rate than the 

[[Page 4311]]
shorebased operators. However, NMFS notes that directed fishing for GOA 
pollock by the offshore component is prohibited under 
Sec. 672.20(a)(2)(v) and that at-sea processing of pollock would be 
unlikely.
    Based on new information the IPHC also recommended different 
seasonal rates for deep-water flatfish of 60 percent for the spring/
summer and 52 percent for the fall/winter. For purposes of this notice, 
NMFS defines spring/summer to mean April 1-September 30, and fall/
winter to mean October 1-March 31. The IPHC also recommended a new rate 
for the Atka mackerel fishery of 48 percent, a rate of 57 percent for 
trawl sablefish and a rate of 47 percent for other species.
    The halibut mortality rates are listed in Table 8.

   Table 8.--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...................................................        23
  Pacific cod.................................................        12
  Rockfish....................................................        18
Trawl:                                                                  
  Midwater pollock............................................        72
  Rockfish....................................................        57
  Shallow-water flatfish......................................        67
  Pacific cod.................................................        56
  Deep-water flatfish--April 1-Sept. 30.......................        60
  Deep-water flatfish--Oct. 1-March 31........................        52
  Bottom pollock                                                        
    Shoreside.................................................        54
    At-sea....................................................        74
  Atka mackerel...............................................        48
  Sablefish...................................................        57
  Other species...............................................        47
Pot:                                                                    
  Pacific cod.................................................        17
------------------------------------------------------------------------

Responses to Comments

    Written comments on the proposed 1996 specifications and other 
management measures were requested until December 29, 1995 (60 FR 
61514; November 30, 1995). No written comments were received.

Classification

    This action is authorized under 50 CFR 611.92 and 672.20; and is 
exempt from review under E.O. 12866.
    This action adopts final 1996 harvest specifications for the GOA, 
revises associated management measures, and closes specified fisheries. 
Generally, this action does not significantly revise management 
measures in a manner that would require time to plan or prepare for 
those revisions. In some cases, such as closures, action must be taken 
immediately to conserve fishery resources. Without these closures, 
specified TAC amounts will be overharvested and retention of these 
species will become prohibited, which would disadvantage fishermen who 
could no longer retain bycatch amounts of these species. The immediate 
effectiveness of this action is required to provide consistent 
management and conservation of fishery resources. Accordingly, the 
Assistant Administrator for Fisheries, NOAA (AA) finds there is good 
cause to waive the 30-day delayed effectiveness period under 5 U.S.C. 
553(d)(3) with respect to such provisions and to the apportionment 
discussed above. In some cases, the interim specifications in effect 
would be insufficient to allow directed fisheries to operate during a 
30-day delayed effectiveness period, which would result in unnecessary 
closures and disruption within the fishing industry; in many of these 
cases, the final specifications will allow the fisheries to continue, 
thus relieving a restriction. Provisions of a rule relieving a 
restriction under 5 U.S.C. 553(d)(1) are not subject to a delay in 
effective date.
    Pursuant to section 7 of the Endangered Species Act, NMFS and the 
Fish and Wildlife Service have determined that the groundfish fishery 
operating under the 1996 GOA TAC specifications is unlikely to 
jeopardize the continued existence or recovery of species listed as 
endangered or threatened or to adversely modify critical habitat.
    NMFS prepared an EA on the 1996 TAC specifications. The AA 
concluded that no significant impact on the environment will result 
from their implementation. A copy of the EA is available (see 
ADDRESSES).

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

    Dated: January 30, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-2292 Filed 1-30-96; 4:56 pm]
BILLING CODE 3510-22-W