[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 3510-22-F