[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Rules and Regulations]
[Pages 74455-74460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27367]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041202339-4339-01; I.D. 112204D]


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Interim 2005 Harvest Specifications for Groundfish

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

ACTION: Temporary rule; interim specifications.

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SUMMARY: NMFS issues interim 2005 total allowable catch (TAC) amounts 
for each category of groundfish, American Fisheries Act (AFA) sideboard 
limits, and prohibited species catch (PSC) amounts for the groundfish 
fishery of the Gulf of Alaska (GOA). The intended effect is to conserve 
and manage the groundfish resources in the GOA.

DATES: The interim harvest specifications are effective from 0001 hrs, 
Alaska local time (A.l.t.), January 1, 2005, until the effective date 
of the final 2005 and 2006 harvest specifications for groundfish of the 
GOA, which will be published in the Federal Register.

ADDRESSES: Copies of the Environmental Assessment (EA) prepared for 
this action are available from the NMFS Alaska Region homepage at 
http://www.fakr.noaa.gov. The final 2003 Stock Assessment and Fishery 
Evaluation (SAFE) report, dated November 2003, is available from the 
North Pacific Fishery Management Council, 605 West 4th Avenue, Suite 
306, Anchorage, AK 99501-2252, telephone (907) 271-2809, or from its 
homepage at http://www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-481-1780 or 
<a href="/cdn-cgi/l/email-protection#94e0fbf9bae4f1f5e6e7fbfad4fafbf5f5baf3fbe2"><span class="__cf_email__" data-cfemail="c1b5aeacefb1a4a0b3b2aeaf81afaea0a0efa6aeb7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Federal regulations at 50 CFR part 679 implementing the Fishery 
Management Plan (FMP) for Groundfish of the GOA govern the groundfish 
fisheries in the GOA. The North Pacific Fishery Management Council 
(Council) prepared the FMP, and NMFS approved it under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). General regulations that also pertain to the U.S. 
fisheries appear at subpart H of 50 CFR part 600.

Proposed Steller Sea Lion Protection Measures Revisions

    In June 2004, the Council unanimously recommended revisions to the 
Steller sea lion protection measures in the GOA to alleviate some of 
the economic burden on coastal communities while maintaining protection 
for Steller sea lions and their critical habitat. These revisions would 
adjust pollock and Pacific cod fishing closures near four Steller sea 
lion haulouts and would revise seasonal management of pollock harvest. 
NMFS concluded in an Endangered Species Act, section 7, informal 
consultation, dated August 26, 2004, that fishing under the proposed 
revisions is not likely to adversely affect Steller sea lions beyond 
those effects already considered in the 2001 Biological Opinion on the 
Steller sea lion protection measures and its June 19, 2003, supplement 
(see ADDRESSES). To implement these provisions, NMFS published a 
proposed rule on September 21, 2004 (69 FR 56384), inviting comments 
through October 21, 2004. The final rulemaking is expected before the 
beginning of the 2005 fishing year. If adopted, the pollock harvest 
management revisions would affect the annual specifications by 
extending the pollock A and C season dates from January 20 through 
February 25 to January 20 through March 10 and by providing 
clarification as to how the Regional Administrator would rollover under 
harvested amounts of pollock between seasons.
    The Council met in October 2004 to review scientific information 
concerning groundfish stocks, including the 2003 SAFE report and the EA 
(see ADDRESSES), and to recommend proposed 2005 and 2006 
specifications. The Council recommended and NMFS proposed a total 
acceptable biological catch (ABC) of 514,864 mt and a TAC of 264,265 mt 
for the 2005 fishing year and a total ABC of 514,240 mt and a TAC of 
253,867 mt for the 2006 fishing year. The proposed TAC amounts for each 
species were based on the best available biological and socioeconomic 
information.
    Under Sec.  679.20(c)(1)(ii), NMFS published in the Federal 
Register proposed harvest specifications for groundfish in the GOA for 
the 2005 and 2006 fishing years (December 7, 2004; 69 FR 70605). That 
document contains a detailed discussion of the proposed 2005 and 2006 
TACs, groundfish reserves, apportionments of TAC, ABC amounts, 
overfishing levels (OFLs), PSC amounts, and apportionments of the GOA 
groundfish fishery.
    This action provides interim harvest specifications and 
apportionments for the 2005 fishing year that will become available on 
January 1, 2005, and will remain in effect until superseded by the 
final 2005 and 2006 harvest specifications. Background information 
concerning the 2005 groundfish harvest specification process, upon 
which this interim action is based, is provided in the above mentioned 
proposed specification document.

Establishment of Interim TACs

    Section 679.20(c)(2)(i) requires that one-fourth of each proposed 
TAC and apportionment (not including the reserves and the first 
seasonal allowance of pollock and Pacific cod) 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. As stated in the proposed specifications 
(December 7, 2004; 69 FR 70605), no harvest of groundfish is authorized 
before the effective date of this action implementing the interim 
harvest specifications.
    Section 679.20(a)(6)(i) and (ii) allocates 100 percent of the 
pollock TAC to vessels catching pollock for processing by the inshore 
component, 90 percent of the Pacific cod TAC to vessels catching 
Pacific cod for processing by the inshore component,

[[Page 74456]]

and 10 percent to vessels catching Pacific cod for processing by the 
offshore component.
    The reserves for the GOA are 20 percent of the TAC amounts for 
pollock, Pacific cod, flatfish species, and the ``other species'' 
category (Sec.  679.20(b)(2)). The GOA groundfish TAC amounts have been 
utilized fully since 1987, and NMFS expects this trend to continue in 
2005. Therefore, NMFS has proposed reapportioning all the reserves to 
TAC. The interim TAC amounts contained in Table 1 reflect the 
reapportionment of reserves to the TAC.

Interim 2005 Groundfish Harvest Specifications and Apportionments

    Table 1 provides interim TAC amounts, the first seasonal allowance 
of pollock in the combined Western and Central Regulatory Areas, the 
first seasonal allowance of Pacific cod in the Western and Central 
Regulatory Areas, interim TAC allocations of Pacific cod to the inshore 
and offshore components, and interim sablefish TAC apportionments to 
hook-and-line and trawl gear. These interim TAC amounts and 
apportionments become effective at 0001 hours, A.l.t., January 1, 2005.

Table 1--Interim 2005 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 (WYK), 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; the
     first seasonal allowances of Pacific cod; interim sablefish TAC
       apportionments to hook-and-line (H/L) and trawl (TRW) gear
          (Interim TAC amounts have been rounded to nearest mt)
 
               Species                      Area        Interim TAC (mt)
 
Pollock\3,4\                          W (610)           3,747
                                      C (620)           9,027
                                      C (630)           3,091
Subtotal                              W/C               15,865
                                      WYK (640)         320
                                      SEO (650)         1,630
Total                                 ................  17,815
                                      ................  ................
Pacific cod\5\                        Inshore W         8,588
                                      Offshore W        954
                                      Inshore C         13,733
                                      Offshore C        1,526
                                      Inshore E         835
                                      Offshore E        93
Total                                 ................  25,729
                                      ................  ................
Flatfish, Deep-water\6\               W                 78
                                      C                 743
                                      WYK               470
                                      SEO               228
Total                                 ................  1,519
                                      ................  ................
Rex sole                              W                 420
                                      C                 1,835
                                      WYK               335
                                      SEO               573
Total                                 ................  3,163
                                      ................  ................
Flathead sole                         W                 500
                                      C                 1,250
                                      WYK               748
                                      SEO               98
Total                                 ................  2,596
                                      ................  ................
Flatfish, Shallow-water\7\            W                 1,125
                                      C                 3,250
                                      WYK               508
                                      SEO               302
Total                                 ................  5,185
                                      ................  ................
Arrowtooth flounder                   W                 2,000
                                      C                 6,250
                                      WYK               625
                                      SEO               625
Total                                 ................  9,500
                                      ................  ................
Sablefish\8,9,10\                     H/L W             N/A (482)
                                      TRW W             121
                                      H/L C             N/A (1,179)
                                      TRW C             295
                                      TRW WYK           64
                                      H/L WYK           N/A (446)
                                      H/L SEO           N/A (761)
Total                                 ................  3,346
                                      ................  ................
Pacific ocean perch\11\               W                 622
                                      C                 2,063
                                      WYK               201
                                      SEO               389
Total                                 ................  3,275
                                      ................  ................
Shortraker/rougheye\12\               W                 64
                                      C                 164
                                      E                 102
Total                                 ................  330
                                      ................  ................
Rockfish, northern\13\                W                 183
                                      C                 968
                                      E                 N/A
Total                                 ................  1,150
                                      ................  ................
Rockfish, other\14,15\                W                 10
                                      C                 75
                                      WYK               33
                                      SEO               50
Total                                 ................  268
                                      ................  ................
Rockfish, pelagic shelf\16\           W                 92
                                      C                 753
                                      WYK               53
                                      SEO               220
Total                                 ................  1,118
                                      ................  ................
Rockfish, demersal shelf SEO\17\      SEO               113
                                      ................  ................
Thornyhead rockfish                   W                 102
                                      C                 253
                                      E                 130
Total                                 ................  485
                                      ................  ................
Big and longnose\18\ Skates           C                 821
Other Skates\19\                      GW                927
Total                                 ................  1,748
                                      ................  ................
Atka mackerel                         GW                150
                                      ................  ................

[[Page 74457]]

 
Other species\20\                     ................  3,146
                                      ................  ................
GOA Total Interim TAC                 ................  80,532
                                      ................  ................
 
\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
  districts.
\3\The first seasonal allowance of pollock TAC in the W/C combined area
  is set at 25% of the annual TAC for the area which is 15,865 mt.
  Within the W/C area pollock is apportioned between Statistical Areas
  610, 620, and 630 based an adjusted estimate of the relative
  distribution of pollock biomass in the area which is approximately
  23.63% in Area 610 (3,747 mt), 56.9% in Area 620 (9,027 mt), and
  19.48% in Area 630 (3,091 mt). 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 pollock TAC in all regulatory areas will be allocated 100 percent
  to vessels catching groundfish for processing by the inshore component
  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 Pacific cod TAC in all regulatory areas is allocated 90 percent
  to vessels catching groundfish for processing by the inshore component
  and 10 percent to vessels catching groundfish for processing by the
  offshore component (See Sec.   679.20(a)(6)(iii)). The first seasonal
  apportionment of Pacific cod in the GOA is 60% of the annual TAC.
\6\``Deep-water flatfish'' means Dover sole, Greenland turbot and
  deepsea sole.
\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).)
\9\The sablefish hook-and-line 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 hook-and-
  line gear fishery as contained in the final specifications for
  groundfish. Under Sec.   679.7(f)(3), retention of sablefish caught
  with hook-and-line gear is prohibited unless the harvest is authorized
  under a valid IFQ permit and IFQ card. In 2005, IFQ permits and IFQ
  cards will not be valid prior to the effective date of the 2005 final
  specifications. Thus, fishing for sablefish with hook-and-line gear
  will not be authorized under these interim harvest 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. variegateus
  (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 ciliatus (dusky), S.
  entomelas (widow), and S. flavidus (yellowtail). ``Offshore Pelagic
  shelf rockfish'' includes 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\Big skate means ``Raja binoculata'' and longnose skates means ``Raja
  rhina''.
\19\Other skates mean big and longnose skates in the W and E GOA and
  ``Bathyraja'' spp. Gulfwide.
\20\``Other species'' includes sculpins, sharks, squid, and octopus. The
  TAC for ``other species'' equals 5 percent of the TAC amounts of
  target species.

Interim 2005 Halibut PSC Limits

    Under Sec.  679.21(d), annual halibut PSC limits are established 
for trawl and hook-and-line gear and may be established for pot gear. 
The Council recommended and NMFS proposed to reestablish the 2004 
halibut mortality limits for 2005 because no new information was 
available. Consistent with 2004, the Council recommended and NMFS 
proposed exemptions for pot gear, jig gear, and the sablefish hook-and-
line fishery from halibut PSC limits for 2005. The fishery specific 
interim PSC allowances for halibut are in effect at 0001 hours, A.l.t., 
January 1, 2005, and remain in effect until superseded by the final 
2005 harvest specifications. The interim halibut PSC limits are (1) 500 
mt to trawl gear, (2) 72.5 mt to hook-and-line gear for fisheries other 
than demersal shelf rockfish, and (3) 2.5 mt to hook-and-line gear for 
the demersal shelf rockfish fishery in the Southeast Outside District.
    Section 679.21(d)(3)(iii) authorizes apportionments of the trawl 
halibut PSC limit 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, skates, and ``other species.'' The interim 2005 
apportionment for the shallow-water species complex is 409 mt, and for 
the deep-water species complex is 91 mt.

Interim 2005 Non-exempt American Fisheries Act (AFA) Catcher Vessel 
Groundfish and PSC Sideboard Limits

    Section 679.64 established groundfish harvesting and processing 
sideboard limits on AFA catcher/processors and catcher vessels in the 
GOA. These sideboard limits are necessary to protect the interests of 
fishermen and processors who do not directly benefit from the AFA from 
fishermen and processors who have received exclusive harvesting and 
processing privileges under the AFA. In the GOA, listed AFA catcher/
processors are prohibited from fishing for any species of fish (Sec.  
679.7(k)(1)(ii)) and from processing any groundfish harvested in 
Statistical Area 630 of the GOA (Sec.  679.7(k)(1)(iv)). The Council 
recommended and NMFS concurs that certain AFA catcher vessels in the 
GOA be exempt from groundfish sideboard limits. Section 
679.64(b)(2)(ii) exempts AFA catcher vessels in the GOA less than 125 
ft (38.1 m) length overall (LOA) whose annual Bering Sea and Aleutian 
Islands management area pollock landings totaled less than 5,100

[[Page 74458]]

mt and that made 40 or more GOA groundfish landings from 1995 through 
1997.
    For non-exempt AFA catcher vessels in the GOA, sideboard limits are 
based upon their traditional harvest levels of TAC in groundfish 
fisheries covered by the GOA FMP. Section 679.64(b)(3)(iii) establishes 
the groundfish sideboard limits in the GOA based on the retained catch 
of non-exempt AFA catcher vessels of each sideboard species from 1995 
through 1997 divided by the TAC for that species over the same period. 
These amounts are listed in Table 2. All catch of sideboard species 
made by non-exempt AFA catcher vessels, whether as targeted catch or as 
incidental catch, will be deducted from the sideboard limits in Table 
2.

  Table 2--Interim 2005 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Harvest Sideboard
                                                     Limits
----------------------------------------------------------------------------------------------------------------
                                                              Ratio of 1995-
                                        Apportionments and    1997 non-exempt                    2005 Non-Exempt
               Species                 allocations by area/   AFA CV catch to    2005 Interim      AFA Catcher
                                        season/ processor/     1995-1997 TAC       TAC (mt)     vessel sideboard
                                               gear                                                limit (mt)
----------------------------------------------------------------------------------------------------------------
Pollock                               Shumagin (610)         0.6112            2,290
                                      Chirikof (620)         0.1427            9,027            1,288
                                      Kodiak (630)           0.2438            3,091            754
                                      WYK (640)              0.3499            320              112
                                      SEO (650)              0.3499            1,630            570
                                      .....................  ................  ...............  ................
Pacific cod                           W inshore              0.1423            8,588            1,222
                                      W offshore             0.1026            954              98
                                      C inshore              0.0722            13,733           992
                                      C offshore             0.0721            1,526            110
                                      E inshore              0.0079            835              7
                                      E offshore             0.0078            93               1
                                      .....................  ................  ...............  ................
Flatfish deep-water                   W                      0                 78               0
                                      C                      0.067             743              50
                                      E                      0.0171            699              12
                                      .....................  ................  ...............  ................
Rex sole                              W                      0.001             420              0
                                      C                      0.0402            1,835            74
                                      E                      0.0153            908              14
                                      .....................  ................  ...............  ................
Flathead sole                         W                      0.0036            500              2
                                      C                      0.0261            1,250            33
                                      E                      0.0048            846              4
                                      .....................  ................  ...............  ................
Flatfish shallow-water                W                      0.0156            1,125            18
                                      C                      0.0598            3,250            194
                                      E                      0.0126            810              10
                                      .....................  ................  ...............  ................
Arrowtooth flounder                   W                      0.0021            2,000            4
                                      C                      0.0309            6,250            193
                                      E                      0.002             1,250            2
                                      .....................  ................  ...............  ................
Sablefish                             W trawl gear           0                 121              0
                                      C trawl gear           0.072             295              21
                                      WYK trawl gear         0.0488            64               3
                                      .....................  ................  ...............  ................
Pacific ocean perch                   W                      0.0623            622              39
                                      C                      0.0866            2,063            179
                                      E                      0.0466            590              27
                                      .....................  ................  ...............  ................
Shortraker/Rougheye                   W                      0                 64               0
                                      C                      0.0237            164              4
                                      E                      0.0124            102              1
                                      .....................  ................  ...............  ................
Other rockfish                        W                      0.0034            10               0
                                      C                      0.2065            75               15
                                      E                      0                 83               0
                                      .....................  ................  ...............  ................
Northern rockfish                     W                      0.0003            183              0
                                      C                      0.0366            968              35
                                      .....................  ................  ...............  ................
Pelagic shelf rockfish                W                      0.0001            92               0
                                      C                      0                 753              0
                                      E                      0.0067            273              2
                                      .....................  ................  ...............  ................
Thornyhead rockfish                   W                      0.0308            102              3
                                      C                      0.0308            253              8
                                      E                      0.0308            130              4
                                      .....................  ................  ...............  ................

[[Page 74459]]

 
Demersal shelf rockfish               SEO                    0.002             113              0
                                      .....................  ................  ...............  ................
Big and longnose skates               C                      0.009             821              7
                                      .....................  ................  ...............  ................
Other skates                          Gulfwide               0.009             927              8
                                      .....................  ................  ...............  ................
Atka mackerel                         Gulfwide               0.0309            150              5
                                      .....................  ................  ...............  ................
Other species                         Gulfwide               0.009             3,146            28
----------------------------------------------------------------------------------------------------------------

    In accordance with Sec.  679.64(b)(4), PSC bycatch limits for the 
non-exempt AFA catcher vessels in the GOA are based on the ratio of 
aggregate retained groundfish catch by non-exempt AFA catcher vessels 
in each PSC target category from 1995 through 1997, relative to the 
retained catch of all vessels in that fishery from 1995 through 1997. 
These amounts are shown in Table 3.

 Table 3--Interim 2005 Non-Exempt American Fisheries Act Catcher Vessel
      Prohibited Species Catch (PSC) Sideboard Limits for the GOA.
                           (Values are in mt)
------------------------------------------------------------------------
                                           Ratio of
                                           1995-1997            2005 non-
                                          non-exempt             exempt
                                            AFA CV      2005       AFA
         PSC species             Target    retained    Interim   catcher
                                fishery    catch to      PSC     vessel
                                             total      limit      PSC
                                           retained               limit
                                             catch
------------------------------------------------------------------------
Halibut (mortality in mt)      shallow    0.340       409       139
                                water
                                targets
                              ------------------------------------------
                               deep       0.070       91        6
                                water
                                targets
------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category apportioned to a fishery 
or, with respect to pollock and Pacific cod, to an inshore or offshore 
component allocation will be reached, the Regional Administrator may 
establish a directed fishing allowance for that species or species 
group. 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 GOA regulatory area or district 
(Sec.  679.20(d)(1)(iii)).
    The Regional Administrator has determined that the following TAC 
amounts in Table 4 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2005 fishing year.

 Table 4--Incidental Catch Needed to Support Other Directed Fisheries in
                             the GOA in 2005
                           (Amounts are in mt)
------------------------------------------------------------------------
                                    Regulatory       Gear/
             Target                    Area        Component     Amount
------------------------------------------------------------------------
Atka mackerel                     entire GOA     all           150
                                  .............  ............  .........
Thornyhead rockfish               entire GOA     all           485
                                  .............  ............  .........
Shortraker/Rougheye rockfish      entire GOA     all           330
                                  .............  ............  .........
Other rockfish                    entire GOA     all           168
                                  .............  ............  .........
Sablefish                         entire GOA     trawl         480
                                  .............  ............  .........
Pollock                           entire GOA     all/offshore  0
------------------------------------------------------------------------

    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator establishes the directed fishing allowances for the above 
species or species groups as zero. Therefore, in accordance with Sec.  
679.20(d)(1)(iii), NMFS is immediately prohibiting directed fishing for 
those species, areas, gear types, and components listed in Table 4. 
These closures will remain in effect until superceded by the final 2005 
harvest specifications.
    Section 679.64(b)(5) provides for management of AFA catcher vessel 
groundfish harvest limits and PSC bycatch limits using directed fishing 
closures and PSC closures according to procedures set out at Sec. Sec.  
679.20(d)(1)(iv), 679.21(d)(8), and 679.21(e)(3)(v). The Regional 
Administrator has determined that, in addition to the closures listed 
above, many of the non-exempt AFA catcher vessel sideboard limits 
listed in Table 2 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2005 fishing year. In 
accordance with Sec.  679.20(d)(1)(iv), the Regional Administrator 
establishes these amounts as directed fishing allowances. The Regional 
Administrator finds that many of these directed fishing allowances will 
be reached before the end of the year. Therefore, in accordance with 
Sec.  679.20(d)(1)(iii), NMFS is prohibiting directed fishing by non-
exempt AFA catcher vessels in the GOA for the species and specified 
areas in Table 5. These closures will remain in effect until superceded 
by the final 2005 harvest specifications.

[[Page 74460]]



Table 5--2005 Non-Exempt American Fisheries Act Catcher Vessel Sideboard
               Limit Directed Fishing Closures in the GOA
------------------------------------------------------------------------
                                         Regulatory Area/
               Species                       District           Gear
------------------------------------------------------------------------
Pacific cod                            Eastern GOA          all
                                       ...................  ............
Deep-water flatfish                    Western and Eastern  all
                                        GOA
                                       ...................  ............
Rex sole                               Western and Eastern  all
                                        GOA
                                       ...................  ............
Flathead sole                          Eastern GOA          all
                                       ...................  ............
Shallow-water flatfish                 Eastern GOA          all
                                       ...................  ............
Arrowtooth flounder                    Eastern GOA          all
                                       ...................  ............
Pacific Ocean perch                    Western GOA          all
                                       ...................  ............
Northern rockfish                      Western GOA          all
                                       ...................  ............
Pelagic shelf rockfish                 entire GOA           all
                                       ...................  ............
Demersal shelf rockfish                SEO District         all
                                       ...................  ............
Other species                          entire GOA           all
                                       ...................  ............
------------------------------------------------------------------------

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    Because this action is a final action by NMFS, analyses required 
under the Magnuson-Stevens Act must be completed and considered by the 
agency prior to promulgation of the interim harvest specifications.
    Section 679.20(c)(2) requires NMFS to specify harvest 
specifications to be effective January 1 and to remain in effect until 
superceded by the final specifications. Without interim harvest 
specifications in effect on January 1, the groundfish fisheries would 
not be able to open, resulting in disruption within the fishing 
industry. NMFS cannot publish interim harvest specifications until 
proposed specifications are completed because the interim harvest 
specifications are derived from the proposed specifications, as 
required by Sec.  679.20(c)(2).
    The proposed specifications are based on the preliminary 
recommendations of the Plan Team, which were reviewed by the Scientific 
and Statistical Committee and Council in October 2004, in projecting 
2005 biomass amounts, as identified in the 2003 SAFE report, for the 
proposed 2005 and 2006 ABC, overfishing levels, and TAC amounts. The 
Plan Team recommendations incorporate the most current data available 
from a number of sources, including current-year industry catch levels, 
and current-year trawl and hydro-acoustic surveys. These data are not 
available in time for Council review prior to the October Council 
meeting, as the surveys are conducted during the summer months, and 
industry catch levels reflect current year activity. These updated data 
sources represent the best available scientific information. These data 
provide the basis for the proposed and interim harvest specifications.
    The proposed specifications, as required by Sec.  
679.20(c)(1)(i)(A), must be published as soon as practicable after 
consultation with the Council, which occurs at the Council's October 
meeting. Because the interim harvest specifications are derived from 
the proposed specifications, the proposed specifications publication 
requirement, along with the requirement of National Standard 2 of the 
Magnuson-Stevens Act to use the best scientific information available, 
prevents NMFS from publishing the interim harvest specifications in 
sufficient time to have a public comment period and to have the interim 
harvest specifications effective on January 1.
    As stated above, disruption of the fishing industry and consequent 
impacts to fishing communities and to the public would occur if the 
interim harvest specifications were not effective January 1. 
Additionally, the public is provided an opportunity to comment on the 
proposed specifications, from which these interim harvest 
specifications are derived. For these reasons, good cause exists under 
5 U.S.C. 553(b)(B) to waive prior notice and opportunity for public 
comment on this action as such procedures would be impracticable and 
contrary to the public interest.
    Likewise, the Assistant Administrator finds good cause to waive the 
30-day delay in effectiveness date of the interim harvest 
specifications. Section 679.20(c)(2) requires NMFS to establish interim 
harvest specifications to be effective on January 1 and to remain in 
effect until superceded by the publication of final harvest 
specifications by the office of the Federal Register. NMFS interprets 
Sec.  679.20(c)(2) as requiring the filing of interim harvest 
specifications with the Office of the Federal Register before any 
harvest of groundfish is authorized. The interim harvest specifications 
are based on the proposed 2005 specifications.
    The interim harvest specifications rely on data used to propose the 
2005 specifications, and those data are not available until after the 
summer surveys are conducted (see above). Without interim harvest 
specifications in effect on January 1, the groundfish fisheries would 
not be able to open on that date, resulting in disruption of the 
fishing industry. These reasons constitute good cause pursuant to 
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness date.
    Because these interim harvest specifications are not required to be 
issued with prior notice and opportunity for comment pursuant to 5 
U.S.C. 553, or any other law, the analytical requirements of the 
Regulatory Flexibility Act do not apply. Consequently, no regulatory 
flexibility analysis has been prepared for this action.

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et 
seq.; 16 U.S.C. 1540(f); Pub. L. 105 277, Title II of Division C; 
Pub L. 106 31, Sec. 3027; Pub L. 106 554, Sec. 209; and Pub. L. 108-
199, Sec. 803.

    Dated: December 7, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-27367 Filed 12-13-04; 8:45 am]
BILLING CODE 3510-22-S


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