[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Proposed Rules]
[Pages 35174-35175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17123]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 062596B]
RIN 0648-AH68


Groundfish of the Gulf of Alaska; Pacific Ocean Perch; Amendment 
38

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted Amendment 38 to the Fishery Management Plan for Groundfish of 
the Gulf of Alaska (FMP) for Secretarial review. Amendment 38 would 
provide the flexibility for the Council to recommend a total allowable 
catch amount for Pacific ocean perch (POP) below the level currently 
established in the FMP. NMFS is requesting comments from the public on 
the proposed amendment. Copies of the amendment may be obtained from 
the Council (see ADDRESSES).

DATES: Comments on the FMP amendment should be submitted on or before 
August 30, 1996.

ADDRESSES: Comments on the FMP amendment should be submitted to Ronald 
J. Berg, Chief, Fisheries Management Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668; Attn: Lori Gravel, or delivered 
to the Federal Building, 709 West 9th Street, Juneau, AK.
    Copies of Amendment 38 and the environmental assessment and the 
economic analysis prepared for the amendment are available from the 
North Pacific Fishery Management Council, 605 W 4th Ave., Suite 306, 
Anchorage, AK 99501-2252; telephone: 907-271-2809.

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

SUPPLEMENTARY INFORMATION: The Magnuson Fishery Conservation and 
Management Act (Magnuson Act) requires that each Regional Fishery 
Management Council submit any fishery management plan or plan amendment 
it prepares to the Secretary of Commerce (Secretary) for review and 
approval, disapproval, or partial disapproval. The Magnuson Act also 
requires that the Secretary, upon receiving a fishery management plan 
or amendment, immediately publish a notice that the fishery management 
plan or amendment is available for public review and comment. The 
Secretary will consider the public comments received during the comment 
period in determining whether to approve the FMP or amendment.
    Decline of the POP stock since the early period of the foreign 
fishery (mid 1960's) prompted the Council to recommend a rebuilding 
plan for POP. The Pacific Ocean Perch Rebuilding Plan (Rebuilding Plan) 
was established in Amendment 32 to the FMP. Details of the 
justification for the Rebuilding Plan can be found in the Notice of 
Availability for Amendment 32 (59 FR 295; January 4, 1994). The POP 
Rebuilding Plan provides a specific rebuilding strategy for POP stocks, 
based on available biological and economic information. The Rebuilding 
Plan establishes a formula to determine annually the POP TAC, which is 
then apportioned among Gulf of Alaska (GOA) regulatory areas based on 
biomass distribution. However, the amendment does not provide for any 
flexibility to reduce the TAC below the amount specified by the 
formula.
    Under the current Rebuilding Plan, the potential exists for the 
calculated TAC to be greater than the acceptable biological catch 
(ABC), which would be inconsistent with the current management practice 
for other groundfish stocks. The Council has also expressed concern 
that it does not have the flexibility to lower the POP TAC under the 
Rebuilding Plan to accomodate other resource conservation concerns. 
Therefore, the Council adopted Amendment 38 to the FMP at its December 
1995 meeting. Amendment 38 would not prescribe a TAC lower than that 
specified by the formula; however, it would allow the Council the 
flexibility to recommend a TAC below the level of the specified formula 
in one or more GOA regulatory areas or districts. To be consistent with 
the Rebuilding Plan for POP, any downward adjustment of TAC would be 
based on biological or resource conservation concerns.
    Under the Rebuilding Plan, an ABC is set for POP in the GOA and 
this ABC is apportioned among regulatory areas based on biomass 
distribution. The TAC is determined using the formula and is then 
apportioned to each regulatory area according to the percentage biomass 
distribution used for the ABC apportionment.
    Under Amendment 38, once the TAC is apportioned among regulatory 
areas, as specified by the current FMP, the Council could recommend a 
further downward adjustment of the POP TAC in one or more of the GOA 
regulatory areas or districts. Any downward adjustments would be based 
on biological or resource conservation concerns about the POP resource 
or associated with the POP fishery that are not accounted for in the 
Rebuilding Plan or the annual Stock Assessment and Fishery Evaluation 
(SAFE) reports, or to maintain the TAC below the ABC. NMFS will 
consider information provided by a recognized scientific body such as 
the Council's Scientific and Statistical Committee, Plan Team, or by

[[Page 35175]]

NMFS stock assessment scientists regarding any downward adjustment of 
the TAC.
    The FMP amendment would only give the Council the alternative of 
recommending a lower POP TAC in the annual specifications process to 
address biological or resource conservation concerns that are not 
addressed under the Rebuilding Plan or SAFE reports. If socioeconomic 
concerns exist with respect to the management of the POP fishery, 
particularly in the Eastern GOA, the Council would need to consider a 
separate amendment to address these issues.
    Amendment 38 is intended to improve conservation and management of 
POP and to further the goals and objectives of the FMP. No regulatory 
changes are necessary to implement this FMP amendment. The TAC would be 
considered for implemention during the annual specification process 
under regulations at Sec. 679.20(c).

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

    Dated: June 27, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-17123 Filed 7-1-96; 3:18 pm]
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