[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Rules and Regulations]
[Pages 51374-51375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25207]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

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


Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 
38; Pacific Ocean Perch

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

ACTION: Approval of a fishery management plan amendment.

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SUMMARY: NMFS announces approval of Amendment 38 to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP). Amendment 
38 provides the flexibility for the North Pacific Fishery Management 
Council (Council) to recommend a total allowable catch (TAC) amount for 
Pacific ocean perch (POP) below the level currently established in the 
FMP. This action is necessary to improve the conservation and 
management of POP and is intended to further the goals and objectives 
of the FMP.

EFFECTIVE DATE: September 25, 1996.

ADDRESSES: Copies of Amendment 38, the environmental assessment, and 
the economic analysis prepared for the amendment are available from the 
Council, 605 West 4th Avenue, Suite 306, Anchorage, AK 99501-2252; 
telephone 907-271-2809.

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

SUPPLEMENTARY INFORMATION: 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 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 
level, which would be inconsistent with the current management practice 
for other groundfish stocks. The Council also has expressed concern 
that it does not have the flexibility to lower the POP TAC under the 
Rebuilding Plan to accommodate other resource conservation concerns. 
Therefore, at its December 1995 meeting, the Council adopted Amendment 
38 to the FMP for review by NMFS under section 304(b) of the Magnuson 
Fishery Conservation and Management Act (Magnuson Act). Amendment 38 
does not prescribe a TAC lower than that specified by the formula; 
however, it allows the Council the flexibility to recommend a TAC below 
the level of the specified formula in one or more GOA regulatory areas 
or districts.
    The FMP amendment gives the Council the alternative of recommending 
a lower POP TAC in the annual specifications process only for the 
purpose of addressing biological or resource conservation concerns that 
are not addressed under the Rebuilding Plan or Stock Assessment and 
Fishery Evaluation 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.

[[Page 51375]]

    A Notice of Availability of Amendment 38, which described the 
proposed action and solicited comments from the public until August 30, 
1996, was published in the Federal Register on July 5, 1996 (61 FR 
35174). No written comments were received during the 60-day comment 
period. After review under the Magnuson Act, NMFS determined that 
Amendment 38 is consistent with the Magnuson Act and other applicable 
laws and approved Amendment 38 on September 25, 1996. Additional 
information on this action is contained in the Notice of Availability.
    No regulatory changes are necessary to implement this FMP 
amendment. Any recommendation that the Council may make for the POP TAC 
as a result of this amendment will take place during the annual 
groundfish TAC specification process under regulations at 
Sec. 679.20(a)(2).

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

    Dated: September 26, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-25207 Filed 10-1-96; 8:45 am]
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