[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Rules and Regulations]
[Pages 64299-64303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30887]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 961126333-6333-01; I.D. 110496A]
RIN 0648-xx73


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Interim 1997 Harvest Specifications

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

ACTION: Interim 1997 harvest specifications for groundfish; associated 
management measures; and closures.

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SUMMARY: NMFS issues interim 1997 total allowable catch (TAC) amounts 
for each category of groundfish and specifications for prohibited 
species bycatch allowances for the groundfish fishery of the Gulf of 
Alaska (GOA). NMFS is closing certain fisheries as specified in the 
interim 1997 groundfish specifications. The intended effect is to 
conserve and manage the groundfish resources in the GOA.

EFFECTIVE DATE: 0001 hrs, Alaska local time (A.l.t.), January 1, 1997, 
until the effective date of the Final 1997 Harvest Specifications for 
Groundfish, which will be published in the Federal Register.

ADDRESSES: The preliminary Stock Assessment and Fishery Evaluation 
(SAFE) Report, dated September 1996, is available from the North 
Pacific Fishery Management Council, 605 West 4th Avenue, Suite 306, 
Anchorage, AK 99501-2252.

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

SUPPLEMENTARY INFORMATION:

Background

    The domestic and foreign groundfish fisheries in the exclusive 
economic zone of the GOA are managed by NMFS according to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP). The FMP was 
prepared by the North Pacific Fishery Management Council (Council) and 
approved by NMFS under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). The FMP is 
implemented by regulations at 50 CFR part 679. General regulations that 
also pertain to the U.S. fisheries appear at 50 CFR part 600.
    The Council met September 18-22, 1996, to review scientific 
information concerning groundfish stocks. The preliminary 
specifications are based on the current stock assessments contained in 
the preliminary GOA Groundfish SAFE Report, dated September 1996, as 
well as recommendations by the GOA Groundfish Plan Team, Advisory 
Panel, and Scientific and Statistical Committee. The preliminary SAFE 
Report was prepared and presented to the Council by the GOA Groundfish 
Plan Team and summarizes the best available scientific information. 
Copies of the SAFE Report are available from the Council (see 
ADDRESSES). The Council recommended a preliminary total TAC amount of 
267,940 metric tons (mt) and a preliminary total acceptable biological 
catch (ABC) amount of 546,720 mt for the 1997 fishing year. NMFS 
adjusted the total TAC amount to 265,692 mt to accommodate a revision 
to the Central Gulf Regulatory Area (CG) ``other rockfish'' TAC amount. 
NMFS reduced the CG ``other rockfish'' TAC amount to 960 mt, which is 
equal to the 1997 ABC, because the Council's recommended TAC of 1,170 
mt for this area exceeded the CG 1997 ABC. This reduced the ``other 
species'' category TAC to 12,652 mt, as well as the overall TAC amount.
    Under Sec. 679.20(c)(1)(ii), NMFS is publishing in the Proposed 
Rules section of this issue of the Federal Register for review and 
comment proposed initial harvest specifications for groundfish and 
associated management measures in the GOA for the 1997 fishing year. 
Those proposed specifications contain detailed information on the 1997 
specification process and provide a discussion of the preliminary ABCs, 
proposed establishment of the 1997 annual TAC amounts and 
apportionments thereof and reserves for each target species and the 
``other species'' category, apportionments of pollock and Pacific cod 
TAC, apportionments of the sablefish TAC to vessels using hook-and-line 
and trawl gear, halibut prohibited species catch (PSC) limits, and 
seasonal allocations of the halibut PSC limits.
    Regulations at Sec. 679.20(c)(2) require that one-fourth of the 
proposed specifications, not including the reserves and the first 
seasonal allowance of pollock, one-fourth of the inshore and offshore 
allocations of Pacific cod in each regulatory area, the proposed first 
seasonal allowance of pollock, and one-fourth of the halibut PSC 
amounts become effective at 0001 hours, A.l.t., January 1, on an 
interim basis and remain in effect until superseded by the final 
harvest specifications, which will be published in the Federal 
Register. This action provides interim TAC specifications and 
apportionments thereof for the 1997 fishing year, which will become 
available on January 1, 1997, on an interim or preliminary basis. 
Background information concerning the 1997 groundfish harvest 
specification process upon which this interim action is based is 
provided in the proposed initial harvest specifications appearing in 
the Proposed Rules section of this Federal Register issue.
    The reserves for the GOA are 20 percent of the TAC amounts for 
pollock, Pacific cod, flatfish species, and the ``other species'' 
category. Given that the GOA groundfish TAC amounts have been utilized 
fully since 1987, and NMFS expects the same to occur in 1997, NMFS 
proposes reapportioning all the reserves to TAC. The interim TAC 
amounts contained in Table 1 reflect the reapportionment of reserves 
back to the TAC.

1. Interim TAC Amounts and Apportionments Thereof

    Table 1 provides interim TAC amounts, interim TAC allocations of 
Pacific cod to the inshore and offshore components, the first seasonal 
allowance of pollock in the combined Western and Central regulatory 
areas, and interim sablefish TAC apportionments to hook-and-line and 
trawl gear. These interim TAC amounts and apportionments thereof become 
effective at 0001 hours, A.l.t., January 1, 1997.

[[Page 64300]]

      
      
      

    Table 1.--Interim 1997 TAC Amounts of Groundfish for the Combined   
    Western/Central (W/C), Western (W), Central (C), and Eastern (E)    
   Regulatory Areas and in the West Yakutat (WYak), Southeast Outside   
 (SEO), and Gulfwide (GW) Districts of the Gulf of Alaska (GOA)1, 2. The
   First Seasonal Allowances of Pollock in the Combined W/C Regulatory  
 Areas. Interim Sablefish TAC Apportionments to Hook-and-line (H/L) and 
                            Trawl (TRW) Gear                            
------------------------------------------------------------------------
                                                                Interim 
                  Species                          Area        TAC (mt) 
------------------------------------------------------------------------
Pollock \3\ \4\                                                         
                                             W (61)                9,075
                                             C (62)                4,575
                                             C (63)                4,875
                                                             -----------
      Subtotal.............................  W/C                  18,525
                                             E                     1,002
                                                             ===========
      Total................................                       19,527
Pacific cod \5\                                                         
  Inshore..................................  W                     3,393
  Offshore.................................  W                       377
  Inshore..................................  C                     7,722
  Offshore.................................  C                       858
  Inshore..................................  E                       585
  Offshore.................................  E                        65
                                                             -----------
      Total................................                       13,000
Flatfish, Deep-water \6\                                                
                                             W                       115
                                             C                     1,875
                                             E                       780
                                                             -----------
      Total................................                        2,770
  Rex sole                                                              
                                             W                       270
                                             C                     1,410
                                             E                       562
                                                             -----------
      Total................................                        2,242
Flathead sole                                                           
                                             W                       500
                                             C                     1,250
                                             E                       685
                                                             -----------
      Total................................                        2,435
Flatfish, Shallow-water \7\                                             
                                             W                     1,125
                                             C                     3,238
                                             E                       295
                                                             -----------
      Total................................                        4,658
Arrowtooth flounder                                                     
                                             W                     1,250
                                             C                     6,250
                                             E                     1,250
                                                             -----------
      Total................................                        8,750
Sablefish \8\ \9\ \10\                                                  
  H/L......................................  W                 N/A (300)
  TRW......................................  W                        75
  H/L......................................  C                 N/A (938)
  TRW......................................  C                       235
  H/L......................................  WYak              N/A (489)
  TRW......................................  WYak                     25
  H/L......................................  SEO               N/A (800)
  TRW......................................  SEO                      43
                                                             -----------

[[Page 64301]]

                                                                        
      Total................................                        2,905
Pacific ocean perch \11\                                                
                                             W                       367
                                             C                       975
                                             E                       690
                                                             -----------
      Total................................                        2,032
Shortraker/rougheye \12\                                                
                                             W                        40
                                             C                       275
                                             E                       120
                                                             -----------
      Total................................                          435
Rockfish, northern \13\                                                 
                                             W                       160
                                             C                     1,153
                                             E                         5
                                                             -----------
      Total................................                        1,318
Rockfish, other \14\ \15\                                               
                                             W                        25
                                             C                       240
                                             E                       188
                                                             -----------
      Total................................                          453
Rockfish, pelagic shelf \16\                                            
                                             W                       228
                                             C                       800
                                             E                       270
                                                             -----------
      Total................................                        1,298
Rockfish, demersal shelf SEO \17\                                       
                                             SEO                     238
Thornyhead rockfish                                                     
                                             GW                      390
Atka mackerel                                                           
                                             W                       578
                                             C                       231
                                             E                         1
                                                             -----------
      Total................................                          810
Other species \18\.........................                        3,163
                                                             -----------
      GOA Total Interim TAC................                      66,424 
------------------------------------------------------------------------
(Interim TAC amounts have been rounded.)                                
\1\ Reserves have been reapportioned back to each species TAC and are   
  reflected in the interim TAC amounts. (See Sec.  679.20(a)(2))        
\2\ See Sec.  679.2 for definitions of regulatory area and statistical  
  area. See Figure 3b to part 679 for a description of regulatory       
  district.                                                             
\3\ Pollock is apportioned to three statistical areas in the combined   
  Western/Central Regulatory Area, and is further divided into three    
  allowances of 25 percent, 25 percent, and 50 percent. The first       
  allowances are in effect on an interim basis as of January 1, 1997. In
  the Eastern Regulatory Area, pollock is not divided into less than    
  annual allowances, and one-fourth of the TAC is available on an       
  interim basis.                                                        
\4\ The TAC apportionment for pollock in all regulatory areas and all   
  seasonal allowances is divided into inshore and offshore components.  
  The inshore component is apportioned 100 percent of the pollock TAC in
  each regulatory area after subtraction of amounts that are determined 
  by the Regional Administrator, NMFS, to be necessary to support the   
  bycatch needs of the offshore component in directed fisheries for     
  other groundfish species. At this time, these bycatch amounts are     
  unknown and will be determined during the fishing year. (See Sec.     
  679.20(a)(6)(ii))                                                     
\5\ The TAC apportionment of Pacific cod in all regulatory areas is     
  divided into inshore and offshore components. The inshore and offshore
  component allocations are 90 percent and 10 percent, respectively, of 
  the Pacific cod TAC in each regulatory area. (See Sec.                
  679.20(a)(6)(iii))                                                    
\6\ ``Deep-water flatfish'' means Dover sole and Greenland turbot.      
\7\ ``Shallow-water flatfish'' means flatfish not including ``deep-water
  flatfish,'' flathead sole, rex sole, or arrowtooth flounder.          
\8\ Sablefish TAC amounts for each of the regulatory areas and districts
  are assigned to hook-and-line and trawl gear. In the Central and      
  Western Regulatory Areas, 80 percent of the TAC is allocated 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. Five   
  percent is allocated to trawl gear and may only be used as bycatch to 
  support directed fisheries for other target species. (See Sec.        
  679.20(a)(4))                                                         

[[Page 64302]]

                                                                        
\9\ The sablefish hook-and-line (H/L) gear fishery is managed under the 
  Individual Fishing Quota (IFQ) program and is subject to regulations  
  contained in subpart D of 50 CFR part 679. Annual IFQ amounts are     
  based on the final TAC amount specified for the sablefish H/L gear    
  fishery as contained in the final specifications for groundfish. Under
  Sec.  679.7(f)(3), retention of sablefish caught with H/L gear is     
  prohibited unless the harvest is authorized under a valid IFQ permit  
  and IFQ card. In 1997, IFQ permits and IFQ cards will not be valid    
  prior to the effective date of the 1997 final specifications. Thus,   
  fishing for sablefish with H/L gear will not be authorized under these
  interim specifications. Nonetheless, interim amounts are shown in     
  parentheses to reflect assignments of one-fourth of the proposed TAC  
  amounts among gear categories and regulatory areas in accordance with 
  Sec.  679.20(c)(2)(i). See Sec.  679.40 for guidance on the annual    
  allocation of IFQ.                                                    
\10\ 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.                                                             
\11\ ``Pacific ocean perch'' means Sebastes alutus.                     
\12\ ``Shortraker/rougheye rockfish'' means Sebastes borealis           
  (shortraker) and S. aleutianus (rougheye).                            
\13\ ``Northern rockfish'' means Sebastes polyspinis.                   
\14\ ``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.                                        
\15\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus 
  (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S.   
  crameri (darkblotch), S. elongatus (greenstriped), S. variegateu      
  (harlequin), S. wilsoni (pygmy), S. proriger (redstripe), S. zacentrus
  (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. 
  diploproa (splitnose), S. saxicola (stripetail), S. miniatus          
  (vermilion), S. babcocki (redbanded), and S. reedi (yellowmouth).     
\16\ ``Pelagic shelf rockfish'' includes Sebastes melanops (black), S.  
  mystinus (blue), S. ciliatus (dusky), S. entomelas (widow), and S.    
  flavidus (yellowtail).                                                
\17\ ``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).                                                          
\18\ ``Other species'' includes sculpins, sharks, skates, eulachon,     
  smelts, capelin, squid, and octopus. The TAC for ``other species''    
  equals 5 percent of the TAC amounts of target species.                

2. Interim Halibut PSC Mortality Limits

    Under Sec. 679.21(d), annual Pacific halibut PSC mortality limits 
are established for trawl and hook-and-line gear and may be established 
for pot gear. The Council proposed to reestablish the 1996 halibut 
mortality limits for 1997 because no new information was available. As 
in 1996, the Council proposes to exempt pot gear and the sablefish 
hook-and-line fishery from halibut PSC limits for 1997. The interim PSC 
limits are effective on January 1, 1997, and remain in effect until 
superseded by the Final 1997 Harvest Specifications, which will be 
published in the Federal Register. The interim halibut PSC limits are 
as follows: (1) 500 mt to trawl gear, (2) 75 mt to hook-and-line gear 
for fisheries other than demersal shelf rockfish, and (3) 2.5 mt to 
hook-and-line gear for demersal shelf rockfish fishery in the Southeast 
Outside District.
    Regulations at Sec. 679.21(d)(3)(iii) authorize apportionments of 
the trawl halibut PSC limit allowance as bycatch allowances to a deep-
water species complex, comprised of rex sole, sablefish, rockfish, 
deep-water flatfish, and arrowtooth flounder, and a shallow-water 
species complex, comprised of pollock, Pacific cod, shallow-water 
flatfish, flathead sole, Atka mackerel, and other species. The interim 
1997 apportionment for the shallow-water species complex is 417 mt and 
for the deep-water species complex is 83 mt.

3. Closures to Directed Fishing

    Under Sec. 679.20(d)(1)(iii)(A), if the Regional Administrator, 
NMFS, determines that the amount of a target species or ``other 
species'' category apportioned to a fishery or, with respect to Pacific 
cod, to an allocation to the inshore or offshore component, is likely 
to be reached, the Regional Administrator may establish a directed 
fishing allowance for that species or species group. In establishing a 
directed fishing allowance, the Regional Administrator shall consider 
the amount of that species group or allocation of Pacific cod to the 
inshore or offshore component that will be taken as incidental catch in 
directed fishing for other species in the same regulatory area or 
district. If the Regional Administrator establishes a directed fishing 
allowance and that allowance is or will be reached before the end of 
the fishing year, NMFS will prohibit directed fishing for that species 
or species group in the specified regulatory area or district.
    The Regional Administrator has determined that interim amounts of 
groundfish specified in Table 1 of these interim specifications for 
species or species groups identified in Table 2 will be necessary as 
incidental catch to support anticipated groundfish fisheries prior to 
the time that final specifications for groundfish are in effect for the 
1997 fishing year. Therefore, NMFS is prohibiting directed fishing for 
those target species, gears, and components listed in Table 2 to 
prevent exceeding the interim amounts of groundfish TAC amounts 
specified. These closures will be in effect during the period that the 
1997 interim specifications for groundfish TAC amounts are effective 
beginning at 0001 hours, A.l.t., January 1, 1997, until superseded by 
the Final 1997 Harvest Specifications for Groundfish, which will be 
published in the Federal Register. While the closures are in effect, 
the maximum retainable bycatch amounts at Sec. 679.20(e) apply at any 
time during a fishing trip. Additional closures and restrictions may be 
found in existing regulations at 50 CFR part 679.

 Table 2.--Closures to Directed Fishing Under The Interim 1997 Total Allowable Catch Amounts 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                    
Flatfish, Deep-water...........  .............................  All....................  WG                     
Northern rockfish..............  .............................  All....................  WG, EG                 
Other rockfish.................  .............................  All....................  GOA                    
Pacific cod....................  Offshore.....................  All....................  EG                     
Pacific cod....................  .............................  All....................  WG, CG                 
Pacific ocean perch............  .............................  All....................  GOA                    
Sablefish......................  .............................  All....................  GOA                    

[[Page 64303]]

                                                                                                                
Shortraker/rougheye............  .............................  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 679.                                                                                                 

    After consideration of public comments on the proposed 1997 
specifications and additional scientific information presented at its 
December 1996 meeting, the Council may recommend other closures to 
directed fishing. Additionally, NMFS may implement other closures at 
the time the Final 1997 Specifications for Groundfish are implemented, 
or during the 1997 fishing year as necessary for effective management.

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under E.O. 12866.
    The AA finds for good cause under 5 U.S.C. 553(b)(B) that the need 
to establish interim total allowable catch limitations and other 
restrictions on fisheries in the GOA, effective on January 1 1997, 
makes it impracticable and contrary to the public interest to provide 
prior notice and opportunity for public comment on this rule. 
Regulations at Sec. 679.20(c)(2) require NMFS to specify interim 
harvest specifications to be effective on January 1 and remain in 
effect until superseded by the final specifications in order for the 
GOA groundfish fishing season to begin on January 1 (see Sec. 679.23). 
Without interim specifications in effect on January 1, the groundfish 
fisheries would not be able to open on January 1, which would result in 
unnecessary closures and disruption within the fishing industry. 
Because the stock assessment reports and other information concerning 
the fisheries in the GOA became available only recently, NMFS is not 
able to provide an opportunity for comment on the interim 
specifications. It is anticipated that the interim specifications will 
be in effect for only a short period of time before they are superseded 
by the final specifications. The proposed specifications are published 
as a proposed rule in this issue of the Federal Register and provide 
the opportunity for public comment.
    These interim specifications are exempt from the requirements of 
the Regulatory Flexibility Act to prepare a regulatory flexibility 
analysis because they are not required to be issued with prior notice 
and opportunity for public comment.

    Authority: 16 U.S.C. 773 et seq. and 1801 et seq.

    Dated: November 27, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-30887 Filed 11-29-96; 2:52 pm]
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