[Federal Register Volume 61, Number 204 (Monday, October 21, 1996)]
[Rules and Regulations]
[Pages 54580-54581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26939]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 960129019-6019-01; I.D. 101596A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole by Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands

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

ACTION: Modification of a closure. Notice of an inseason adjustment; 
request for comments.

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SUMMARY: NMFS has determined that the currently specified bycatch 
allowances of Pacific halibut allocated to the yellowfin sole and 
rockfish trawl fishery categories in the Bering Sea and Aleutian 
Islands management area (BSAI) are incorrect. Therefore, NMFS is re-
specifying the bycatch allowances for these categories, and is opening 
the directed fishery for yellowfin sole by vessels using trawl gear. 
These actions are necessary to achieve the optimum yield from the 
groundfish fisheries. They are intended to promote the goals and 
objectives of the North Pacific Fishery Management Council.

EFFECTIVE DATE: 1200 hrs, Alaska local time (A.l.t.), October 16, 1996, 
until 2400 hrs, A.l.t., December 31, 1996. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., October 31, 
1996.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Attn: Lori Gravel, Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802-1668, or be delivered to Room 457, Federal 
Building, 709 West 9th Street, Juneau, AK.

FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.


[[Page 54581]]


SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area (FMP) prepared by the North Pacific Fishery Management Council 
under authority of the Magnuson Fishery Conservation and Management 
Act. Fishing by U.S. vessels is governed by regulations implementing 
the FMP at subpart H of 50 CFR part 600 and 50 CFR part 679.
    Pursuant to Sec. 679.21(e)(1)(iv), the prohibited species catch 
(PSC) limit of halibut caught while conducting any trawl fishery for 
groundfish in the BSAI during any fishing year is an amount of halibut 
equivalent to 3,775 metric tons (mt) of halibut mortality. In 
accordance with Sec. 679.21(e)(3)(i), the Final 1996 Harvest 
Specifications of Groundfish (61 FR 4311, February 5, 1996) apportioned 
this PSC limit among the trawl gear fishery categories defined at 
Sec. 679.21(e)(3)(iv) as follows:
    (1) Yellowfin sole, 820 mt; (2) Rock sole/flathead sole/other 
flatfish, 730 mt; (3) Rockfish, 110 mt; (4) Pacific cod, 1,685 mt; (5) 
Pollock/Atka mackerel/``other species,'' 430 mt.
    As of October 10, 1996, 50 mt remain of the halibut mortality 
bycatch allowance to the trawl rockfish fishery category. This fishery 
category will not reopen during 1996 because of insufficient total 
allowable catch (TAC) for the rockfish species in the genre Sebastes 
and Sebastolobus, leaving the remaining bycatch allowance uncaught. The 
yellowfin sole fishery category has no halibut bycatch allowance 
remaining and therefore cannot harvest the 47,000 mt of yellowfin sole 
remaining in that species' TAC. NMFS has determined that the PSC 
allowances for Pacific halibut allocated to the rockfish and yellowfin 
sole fishery categories are incorrectly specified based on the best 
available scientific information pertaining to bycatch rates reported 
by NMFS-certified observers. The Pacific halibut bycatch allowance for 
the yellowfin sole fishery category needs to be augmented to promote 
achieving the optimum yield from the yellowfin sole fishery.
    Under Sec. 679.25(a)(2)(i)(C), the Director, Alaska Region, NMFS 
(Regional Director), is making an inseason adjustment to prevent the 
underharvest of the BSAI yellowfin sole TAC increase the Pacific 
halibut bycatch allowance specified for the yellowfin sole fishery 
category by 50 mt. The Pacific halibut bycatch allowance for the 
rockfish fishery category is decreased by 50 mt. In accordance with 
Sec. 679.25(a)(1)(iii), NMFS is re-specifying the Pacific halibut 
bycatch mortality allowances of the yellowfin sole and rockfish fishery 
categories as follows: Yellowfin sole, 870 mt and Rockfish, 60 mt.
    As required by Sec. 679.25(b), all information relevant to this 
inseason adjustment, including the effect of overall fishing effort 
within the statistical area and economic impacts on affected fishing 
businesses, was considered. Current halibut bycatch allowances would 
prevent harvest of the remaining 47,000 mt of yellowfin sole remaining 
in that species' TAC and, therefore, would not promote optimum yield of 
groundfish and would result in economic harm to fishermen and 
processors who would otherwise participate in that fishery.
    The directed fishery for yellowfin sole by vessels using trawl gear 
in the BSAI was closed on October 2, 1996 (61 FR 52385, October 7, 
1996) to prevent exceeding the 1996 bycatch allowance of Pacific 
halibut apportioned to the trawl yellowfin sole fishery catgory in the 
BSAI.
    With the accompanying action the 1996 bycatch allowance has been 
increased. Therefore, NMFS is terminating the previous closure and is 
opening directed fishing for yellowfin sole by vessels using trawl gear 
in the BSAI. All other closures remain in full force and effect.

Classification

    This action is taken under Sec. 679.25 and Sec. 679.20 and is 
exempt from review under E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA, finds for good 
cause that it is impractical and contrary to the public interest to 
provide prior public notice and comment on the inseason adjustment. 
Immediate effectiveness is necessary to prevent foregone revenue to the 
yellowfin sole fishery, which would otherwise be prevented from 
conducting operations. Interested persons are invited to submit comment 
in writing on or before October 31, 1996 (see ADDRESSES).

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

    Dated: October 16, 1996.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 96-26939 Filed 10-16-96; 3:19 pm]
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