Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations 8179

comment period will normally be 45

days. The preamble of the proposed rule

will inform the public that (1) public

comments are being solicited on the

FMP/amendment through the end of the

comment period stated in the NOA; and

(2) public comments on the proposed

rule must be received by the end of the

comment period on the FMP/

amendment, as published in the NOA,

to be considered in the approval/

disapproval decision on the FMP/

amendment. To be considered,

comments must be received by close of

business on the last day of the comment

period.

Responses to Comments

All comments received during the

public comment periods will be

responded to in the final rule. The

preamble of the final rule will contain

a summary of the comments received,

both on the FMP/amendment and on the

proposed rule, and responses to those

comments.

NMFS expects that the comment

periods for the FMP/amendment (as

published in the NOA) and the

proposed rule will generally end on or

about the same date, and NMFS will

attempt to achieve that result. However,

because there is the possibility that the

comment period ending dates could be

significantly different, it is important for

commenters to focus their comments on

either the FMP/amendment or on the

proposed rule, if possible, and to be

aware of the decisional timing issues

that have resulted from the MagnusonStevens Act amendments. By publishing

this policy statement, and through

language to be included in NOAs and

preambles to proposed rules, NMFS is

attempting to ensure that the public has

full opportunity for input to the

decision process.

Classification

This rule has been determined to be

not significant for purposes of Executive

Order 12866.

Pursuant to authority at 5 U.S.C.

553(b)(A), prior notice and an

opportunity for public comment are not

required to be provided for this rule, as

this is a rule of procedure. Further,

because prior notice and an opportunity

for public comment are not required

under 5 U.S.C. 553, or any other law,

the analytical requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are not applicable. Finally,

because this rule is not substantive it is

not subject to the 30-day delay in

effective date required of substantive

rules under 5 U.S.C. 553(d).

Dated: February 14, 1997.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–4457 Filed 2–21–97; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 961126334–7025–02; I.D.

111296A]

RIN 0648–XX74

Fisheries of the Exclusive Economic

Zone Off Alaska; Gulf of Alaska; Final

1997 Harvest Specifications for

Groundfish

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final 1997 harvest

specifications for groundfish and

associated management measures;

closures.

SUMMARY: NMFS announces final 1997

harvest specifications for Gulf of Alaska

(GOA) groundfish and associated

management measures. This action is

necessary to establish harvest limits and

associated management measures for

groundfish during the 1997 fishing year.

NMFS is also closing fisheries as

specified in the final 1997 groundfish

specifications. These measures are

intended to carry out management

objectives contained in the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (FMP).

EFFECTIVE DATES: The final 1997 harvest

specifications are effective at noon on

February 19, 1997 through 2400 hrs,

Alaska local time (A.l.t.), December 31,

1997, or until changed by subsequent

notification in the Federal Register. The

closures to directed fishing are effective

February 19, 1997 through 2400 hrs,

A.l.t., December 31, 1997, or until

changed by subsequent notification in

the Federal Register.

ADDRESSES: Copies of the

Environmental Assessment (EA) for

1997 Groundfish Total Allowable Catch

Specifications, dated January 1997, may

be obtained from NMFS, Fisheries

Management Division, P.O. Box 21668,

Juneau, AK 99802–1668, Attn: Lori

Gravel, or by calling 907–586–7228. The

Final Stock Assessment and Fishery

Evaluation Report (SAFE report), dated

November 1996, is available from the

North Pacific Fishery Management

Council, 605 West 4th Avenue, Suite

306, Anchorage, AK 99501–2252, or by

calling 907–271–2809.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson 907–486–6919.

SUPPLEMENTARY INFORMATION:

Background

Groundfish fisheries in the exclusive

economic zone of the GOA are managed

by NMFS according to the FMP. The

FMP was prepared by the North Pacific

Fishery Management Council (Council)

under the authority of the MagnusonStevens Fishery Conservation and

Management Act. The FMP is

implemented by regulations at 50 CFR

part 679.

NMFS announces for the 1997 fishing

year: (1) Specifications of total

allowable catch (TAC) amounts for each

groundfish species category in the GOA,

and reserves; (2) apportionments of

reserves; (3) allocations of the sablefish

TAC to vessels using hook-and-line and

trawl gear; (4) apportionments of

pollock TAC among regulatory areas,

seasons, and allocations for processing

between inshore and offshore

components; (5) allocations for

processing of Pacific cod TAC between

inshore and offshore components; (6)

‘‘other species’’ TAC; (7) closures to

directed fishing; (8) Pacific halibut

prohibited species catch (PSC) limits;

and (9) fishery and seasonal

apportionments of the Pacific halibut

PSC limits. A discussion of each of

these measures follows.

The process of determining TACs for

groundfish species in the GOA is

established in regulations implementing

the FMP. Pursuant to § 679.20(a)(2), the

sum of the TACs for all species must fall

within the combined optimum yield

(OY) range of 116,000–800,000 metric

tons (mt) established for these species in

§ 679.20(a)(1)(ii).

The Council met from September 18

through 22, 1996, and developed

recommendations for proposed 1997

TAC specifications for each species

category of groundfish on the basis of

the best available scientific information.

The Council also recommended other

management measures pertaining to the

1997 fishing year. Under

§ 679.20(c)(1)(ii), the proposed GOA

groundfish specifications and

specifications for prohibited species

bycatch allowances for the groundfish

fishery of the GOA were published in

the Federal Register on December 4,

1996 (61 FR 64310). Comments were

invited through December 30, 1996.

Two letters were received that

expressed a comment on the

environmental assessment prepared for

the 1997 GOA specifications. The

comment is summarized and responded

to below in the Response to Comments
8180 Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations

section. Interim amounts of one-fourth

the TAC were published in the Federal

Register on December 4, 1996 (61 FR

64299). The final 1997 initial groundfish

harvest specifications and prohibited

species bycatch allowances

implemented under this action

supersede the interim 1997

specifications.

The Council met December 11

through 15, 1996, to review the best

available scientific information

concerning groundfish stocks and to

consider public testimony regarding

1997 groundfish fisheries. Scientific

information is contained in the

November 1996 SAFE report for the

GOA. The SAFE report was prepared

and presented by the GOA Plan Team

(Plan Team) to the Council and the

Council’s Scientific and Statistical

Committee (SSC) and Advisory Panel

(AP) and includes the most recent

information concerning the status of

groundfish stocks, based on the most

recent catch data, survey data, and

biomass projections using different

modeling approaches or assumptions.

For establishment of the acceptable

biological catches (ABCs) and TACs, the

Council considered information in the

SAFE report, recommendations from its

SSC and AP, as well as public

testimony. The SSC adopted the

overfishing level (OFL)

recommendations from the Plan Team,

which were provided in the SAFE

report, for all groundfish species

categories, except for the nearshore

pelagic shelf rockfish species (black

rockfish and blue rockfish) in the

Eastern and Western GOA. The SSC also

adopted the ABC recommendations

from the Plan Team, which were

provided in the SAFE report, for all of

the groundfish species categories,

except sablefish, nearshore pelagic shelf

rockfish in the Eastern and Western

GOA, and Atka mackerel.

The SSC did not adopt the Plan

Team’s recommendation of ABC for

sablefish. The SSC received additional

information from NMFS stock

assessment scientists that both the Plan

Team’s ABC recommendation and an

ABC based on the F40% strategy adjusted

by biomass would increase the actual

exploitation rate. This fact, combined

with 15 years of low recruitment, which

could result in the biomass declining

below the lowest observed levels since

1979, led the SSC to agree with the

assessment authors’ recommendation

for ABC. The Council accepted the

SSC’s recommendation.

The Plan Team recommended the

division of the pelagic shelf rockfish

assemblage into nearshore (black

rockfish and blue rockfish) and offshore

(dusky, widow, and yellowtail rockfish)

assemblages. The Plan Team

recommended an OFL and ABC for the

Central GOA based, on historic harvests,

and for the Eastern and Western GOA

based, on an approximation of the

amount of nearshore rockfish habitat

relative to the Central GOA. The SSC

adopted the Plan Team’s

recommendations for separating the

pelagic shelf rockfish assemblage into

nearshore and offshore assemblages in

the Central GOA but did not agree with

the Plan Team’s apportionment method

for the Eastern and Western GOA

nearshore and offshore species because

very little information is available, and

the method assumes an equal densityper-unit area that has not been

demonstrated. The Council accepted the

SSC’s recommendation.

The SSC also did not accept the Plan

Team’s ABC (1,580 mt) for Atka

mackerel. The Plan Team’s

recommendation was based upon the

most recent year’s harvest in 1996. The

SSC noted that a brief directed fishery

occurred in 1996, whereas none

occurred in the 1995 fishing year. The

SSC concluded that the gulfwide 1995

harvest of 801 mt more accurately

reflects the amount of bycatch needed in

other directed fisheries through the

fishing year and adopted the assessment

authors’ recommendation of an ABC of

1,000 mt. The SSC agreed with the Plan

Team that the ABC for Atka mackerel be

1,000 mt for the entire GOA. The

Council accepted the SSC’s

recommendation.

The Council adopted the SSC ABC

recommendations for each species

category. The Council’s recommended

ABCs, listed in Table 1, reflect harvest

amounts that are less than the specified

overfishing amounts (Table 1). The sum

of 1997 ABCs for all groundfish is

493,050 mt, which is higher than the

1996 ABC total of 475,170 mt.

1. Specifications of TAC and Reserves

The Council recommended TACs

equal to ABCs for pollock, deep-water

flatfish, rex sole, sablefish, northern

rockfish, shortraker/rougheye rockfish,

pelagic shelf rockfish including the split

in the assemblage in the Central GOA

between nearshore and offshore species,

demersal shelf rockfish, Atka mackerel,

and thornyhead rockfish. The Council

recommended TACs less than the ABC

for Pacific cod, flathead sole, shallowwater flatfish, arrowtooth, other slope

rockfish, and Pacific ocean perch (Table

1).

The TAC for pollock has increased

gulfwide but has decreased in the

Western GOA from 25,480 mt in 1996 to

18,600 mt in 1997. This apportionment

of TAC in the Central and Western GOA

reflects the current biomass distribution.

For 1997, the State of Alaska has

established a guideline harvest level

(GHL) of 1,800 mt for pollock in Prince

William Sound (PWS). The SSC did not

have information to indicate whether

the PWS pollock fishery exploits a stock

that is independent of the assessed GOA

pollock population. Therefore, the SSC

recommended that PWS pollock

harvests be applied against the total

GOA ABC of pollock. NMFS will deduct

harvest of pollock in PWS from the

Eastern GOA TAC in 1997.

The 1997 Pacific cod TAC is affected

by the State of Alaska’s plan to develop

a state-managed fishery for Pacific cod

in state waters in the Central and

Western GOA, as well as PWS. The SSC,

AP, and Council recommended that the

sum of all Pacific cod removals should

not exceed the ABC. The Council

recommended that the TAC for the

Eastern GOA be lower than the ABC by

400 mt, the amount of the proposed

GHL for PWS. The TACs for the Central

and Western GOA are also

recommended to be lower than the

ABCs by 7,710 mt and 4,275 mt

respectively, the amount of the

proposed GHLs for these areas. The

Council requested that NMFS review, by

October 1997, the likelihood that the

State of Alaska’s GHLs of Pacific cod

will be achieved in 1997. If unused

amounts of the State’s 1997 GHLs are

anticipated, the Council requested that

NMFS make these amounts available to

fishermen participating in the federally

managed fishery by October 1, 1997.

The Council accepted the AP

recommendation that the TACs for

flathead sole, shallow-water flatfish, and

arrowtooth flounder be set at 1996 TAC

levels, which are lower than their

respective 1997 ABC specifications.

With respect to ‘‘other rockfish’’ in the

Eastern GOA, the Council recommended

that NMFS establish a TAC that would

provide for bycatch only. NMFS has

reviewed bycatch needs for ‘‘other

rockfish’’ and has set a TAC at 1,500 mt,

which will provide enough for bycatch

needs.

The Council reduced the AP’s

recommendation for Pacific ocean perch

(POP) TACs in the Western and Central

Gulf by 20 percent to 1,472 mt and

5,352 mt respectively to create a

management buffer between ABC and

TAC to account for harvest overages that

occurred during 1996. In the Eastern

GOA, the Council recommended that

the POP TAC be reduced from the 1997

ABC of 4,460 mt to the 1996 TAC level

of 2,366 mt to reduce the bycatch of

shortraker and rougheye rockfish in the

POP fishery.
Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations 8181

Amendment 38 to the FMP was

approved October 2, 1996 (61 FR 51374)

giving the Council the alternative of

recommending a lower POP TAC in the

annual specification process for the

purpose of addressing biological or

resource conservation concerns that are

not addressed under the Rebuilding

Plan or SAFE reports.

The sum of the TACs for all GOA

groundfish is 282,815 mt, which is

within the OY range specified by the

FMP. The sum of the TACs is higher

than the 1996 TAC sum of 260,207 mt.

NMFS has reviewed the Council’s

recommendation for TAC specifications

and apportionments and hereby

approves these specifications under

§ 679.20(c)(3)(ii). The TAC for ‘‘other

species’’ is calculated as 5 percent of the

sum of TACs for the other groundfish

species categories, or 13,470 mt.

The 1997 ABCs, TACs, and

overfishing levels are shown in Table 1.

TABLE 1.—1997 ABCS, TACS, INITIAL TACS (PACIFIC COD ONLY) AND OVERFISHING LEVELS OF GROUNDFISH (METRIC

TONS) FOR THE WESTERN/CENTRAL (W/C), WESTERN (W), CENTRAL (C), AND EASTERN (E) REGULATORY AREAS

AND IN THE WEST YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULF-WIDE (GW) DISTRICTS OF THE GULF OF

ALASKA

Species and area 1 ABC (mt) TAC (mt) Initial TAC

(mt)2

Overfishing

(mt)

Pollock:3

Shumagin (610) ......................................................................................................... 18,600 18,600 .................... ....................

Chirikof (620) ............................................................................................................. 31,250 31,250 .................... ....................

Kodiak (630) .............................................................................................................. 24,550 24,550

Subtotal:

W/C ............................................................................................................. 74,400 74,400 .................... 103,500

E .................................................................................................................. 5,580 5,580 .................... 7,770

Total ................................................................................................................... 79,980 79,980 .................... 111,270

Pacific cod:4

W ............................................................................................................................... 28,500 24,225 19,380 ....................

C ................................................................................................................................ 51,400 43,690 34,952 ....................

E ................................................................................................................................ 1,600 1,200 960 ....................

Total ................................................................................................................... 81,500 69,115 55,292 180,000

Flatfish 5 (deep-water):

W ............................................................................................................................... 340 340 .................... ....................

C ................................................................................................................................ 3,690 3,690 .................... ....................

E ................................................................................................................................ 3,140 3,140 .................... ....................

Total ................................................................................................................... 7,170 7,170 .................... 9,440

Rex sole:5

W ............................................................................................................................... 1,190 1,190 .................... ....................

C ................................................................................................................................ 5,490 5,490 .................... ....................

E ................................................................................................................................ 2,470 2,470 .................... ....................

Total ................................................................................................................... 9,150 9,150 .................... 11,920

Flathead sole:

W ............................................................................................................................... 8,440 2,000 .................... ....................

C ................................................................................................................................ 15,630 5,000 .................... ....................

E ................................................................................................................................ 2,040 2,040 .................... ....................

Total ................................................................................................................... 26,110 9,040 .................... 34,010

Flatfish 6 (shallow-water):

W ............................................................................................................................... 22,570 4,500 .................... ....................

C ................................................................................................................................ 19,260 12,950 .................... ....................

E ................................................................................................................................ 1,320 1,180 .................... ....................

Total ................................................................................................................... 43,150 18,630 .................... 59,540

Arrowtooth flounder:

W ............................................................................................................................... 31,340 5,000 .................... ....................

C ................................................................................................................................ 142,100 25,000 .................... ....................

E ................................................................................................................................ 24,400 5,000 .................... ....................

Total ................................................................................................................... 197,840 35,000 .................... 280,800

Sablefish:7

W ............................................................................................................................... 1,860 1,860 .................... ....................

C ................................................................................................................................ 6,410 6,410 .................... ....................

WYK .......................................................................................................................... 2,410 2,410 .................... ....................
8182 Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations

TABLE 1.—1997 ABCS, TACS, INITIAL TACS (PACIFIC COD ONLY) AND OVERFISHING LEVELS OF GROUNDFISH (METRIC

TONS) FOR THE WESTERN/CENTRAL (W/C), WESTERN (W), CENTRAL (C), AND EASTERN (E) REGULATORY AREAS

AND IN THE WEST YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULF-WIDE (GW) DISTRICTS OF THE GULF OF

ALASKA—Continued

Species and area 1 ABC (mt) TAC (mt) Initial TAC

(mt)2

Overfishing

(mt)

SEO ........................................................................................................................... 3,840 3,840 .................... ....................

Total ................................................................................................................... 14,520 14,520 .................... 39,950

Pacific 8 ocean perch:

W ............................................................................................................................... 1,840 1,472 .................... 2,790

C ................................................................................................................................ 6,690 5,352 .................... 10,180

E ................................................................................................................................ 4,460 2,366 .................... 6,790

Total ................................................................................................................... 12,990 9,190 .................... 19,760

Short raker/rougheye:9

W ............................................................................................................................... 160 160 .................... ....................

C ................................................................................................................................ 970 970 .................... ....................

E ................................................................................................................................ 460 460 .................... ....................

Total ................................................................................................................... 1,590 1,590 .................... 2,740

Other rockfish:10, 11, 12

W ............................................................................................................................... 20 20 .................... ....................

C ................................................................................................................................ 650 650 .................... ....................

E ................................................................................................................................ 4,590 1,500 .................... ....................

Total ................................................................................................................... 5,260 2,170 .................... 7,560

Northern Rockfish:13

W ............................................................................................................................... 840 840 .................... ....................

C ................................................................................................................................ 4,150 4,150 .................... ....................

E ................................................................................................................................ 10 10 .................... ....................

Total ................................................................................................................... 5,000 5,000 .................... 9,420

Pelagic shelf rockfish:14

W combined .............................................................................................................. 570 570 .................... ....................

C nearshore ............................................................................................................... 260 260 .................... ....................

C offshore .................................................................................................................. 3,320 3,320 .................... ....................

E combined ............................................................................................................... 990 990 .................... ....................

Total ................................................................................................................... 5,140 5,140 .................... 8,400

Demersal shelf rockfish:12 SEO ....................................................................................... 950 950 .................... 1,450

Thornyhead rockfish: GW ................................................................................................. 1,700 1,700 .................... 2,400

Atka mackerel: GW .......................................................................................................... 1,000 1,000 .................... 6,200

Other 15 species: GW ....................................................................................................... N/A16 13,470 .................... ....................

Total 17 ....................................................................................................................... 493,050 282,815 55,292 784,860

1 Regulatory areas and districts are defined at § 679.2. 2Twenty percent of Pacific cod TAC is put into a reserve. The initial TAC is the remaining TAC after subtracting the reserve (see

§ 679.20(b)(2) and ‘‘Apportionments of Reserves’’ below).

3Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3), each of which is further divided

into three seasonal allowances. In the Eastern Regulatory Area, pollock is not divided into seasonal allowances. 4Pacific cod is allocated 90 percent for processing by the inshore, and 10 percent for processing by the offshore component. Component allocations are shown in Table 4. 5 ‘‘Deep water flatfish’’ means Dover sole and Greenland turbot.

6 ‘‘Shallow water flatfish’’ means flatfish not including ‘‘deep water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.

7Sablefish is allocated to trawl and hook-and-line gears (Table 2).

8 ‘‘Pacific ocean perch’’ means Sebastes alutus. 9 ‘‘Shortraker/rougheye rockfish’’ means Sebastes borealis (shortraker) and S. aleutianus (rougheye). 10 ‘‘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. 11 ‘‘Slope rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri

(darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S.

zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion),

and S. reedi (yellowmouth). 12 ‘‘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). 13 ‘‘Northern rockfish’’ means Sebastes polyspinis. 14 ‘‘Pelagic shelf rockfish’’ means Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S. entomelas (widow), and S. flavidus

(yellowtail). ‘‘Pelagic shelf rockfish nearshore’’ means Sebastes melanops (black) and S. mystinus (blue). ‘‘Pelagic shelf rockfish offshore’’ means

Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus (yellowtail).
Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations 8183

15 ‘‘Other species’’ means sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC for ‘‘other species’’ equals 5 percent of the TACs of target species. 16 N/A means not applicable. 17The total ABC is the sum of the ABCs for target species.

2. Apportionments of Reserves

Regulations implementing the FMP

require 20 percent of each TAC for

pollock, Pacific cod, flounder, and the

‘‘other species’’ category be set aside in

reserves for possible apportionment at a

later date (§ 679.20(b)(2)). For the

preceding 9 years, including 1996,

NMFS has reapportioned all of the

reserves in the final harvest

specifications. NMFS proposed

reapportionment of all reserves for 1997

in the proposed GOA groundfish

specifications published in the Federal

Register on December 4, 1996 (61 FR

64310). NMFS received no public

comments on the proposed

reapportionments. For 1997, NMFS

reapportions all the reserves for pollock,

flounder, and ‘‘other species.’’ NMFS is

retaining the Pacific cod reserves at this

time to provide for a management buffer

to account for excessive fishing effort

and/or incomplete or late catch

reporting. In recent years, unpredictable

increases in fishing effort and harvests,

uncertainty of bycatch needs in other

directed fisheries throughout the year,

and untimely submission and revision

of weekly processing reports have

resulted in early and late closures of the

Pacific cod fishery. NMFS believes that

the retention of Pacific cod reserve

amounts to provide for TAC

management difficulties later in the year

is a conservative approach that will lead

to a more orderly fishery and provide

greater assurance that Pacific cod

bycatch may be retained throughout the

year. Specifications of TAC shown in

Table 1 reflect apportionment of reserve

amounts for pollock, flatfish species,

and ‘‘other species.’’ Table 1 also lists

the initial TACs for Pacific cod that

reflect the withholding of the Pacific

cod TAC reserves as follows: 4,845 mt

in the Western GOA, 8,738 mt in the

Central GOA, and 240 mt in the Eastern

GOA.

3. Allocations of the Sablefish TACs to

Vessels Using Hook-and-Line and Trawl

Gear

Under § 679.20(a)(4)(i) and (ii),

sablefish TACs for each of the regulatory

areas and districts are allocated to hookand-line and trawl gear. In the Western

and Central Regulatory Areas, 80

percent of each 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 allocated

to hook-and-line gear and 5 percent is

allocated to trawl gear. The trawl gear

allocation in the Eastern Regulatory

Area may only be used as bycatch to

support directed fisheries for other

target species. 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. Table 2 shows the allocations

of the 1997 sablefish TACs between

hook-and-line and trawl gear.

TABLE 2.—1997 SABLEFISH TAC SPECIFICATIONS IN THE GULF OF ALASKA AND ALLOCATIONS THEREOF TO HOOK-ANDLINE AND TRAWL GEAR

[Values are in metric tons]

Area/district TAC Hook-andline share Trawl share

Western .................................................................................................................................................... 1,860 1,488 372

Central ...................................................................................................................................................... 6,410 5,128 1,282

West Yakutat ............................................................................................................................................ 2,410 2,290 120

Southeast Outside .................................................................................................................................... 3,840 3,648 192

Total .................................................................................................................................................. 14,520 12,554 1,966

4. Apportionments of Pollock TAC

Among Regulatory Areas, Seasons, and

Allocation for Processing Between

Inshore and Offshore Components

In the GOA, pollock is apportioned by

area, season, and allocated for

processing by inshore and offshore

components. Regulations at

§ 679.20(a)(5)(ii)(A) require that the TAC

for pollock in the combined Western

and Central GOA be apportioned among

statistical areas Shumagin (610),

Chirikof (620), and Kodiak (630) in

proportion to the known distribution of

the pollock biomass. This measure was

intended to provide spatial distribution

of the pollock harvest as a sea lion

protection measure. Each statistical area

apportionment is further apportioned

into three seasonal allowances of 25, 25,

and 50 percent, respectively

(§ 679.20(a)(5)(ii)(B)). As established

under § 679.23(d)(2), the first, second,

and third seasonal allowances are

available on January 1, June 1, and

September 1, respectively. Within any

fishing year, any unharvested amount of

any seasonal allowance of pollock TAC

is added in equal proportions to all

subsequent seasonal allowances,

resulting in a sum for each allowance

not to exceed 150 percent of the initial

seasonal allowance. Similarly, harvests

in excess of a seasonal allowance of

TAC are deducted in equal proportions

from the remaining seasonal allowances

of that fishing year. The Eastern

Regulatory Area pollock TAC of 5,580

mt is not allocated among smaller areas

or seasons.

Regulations at § 679.20(a)(6)(ii)

require that the pollock TAC in all

regulatory areas and all seasonal

allowances thereof be allocated for

processing by the inshore and offshore

components. One hundred percent of

the pollock TAC in each regulatory area

is allocated to vessels catching pollock

for processing by the inshore

component after subtraction of amounts

that are projected by the Administrator,

Alaska Region, NMFS (Regional

Administrator) to be caught by, or

delivered to, the offshore component

incidental to directed fishing for other

groundfish species. The amount of

pollock available for harvest by vessels

harvesting pollock for processing by the

offshore component is that amount

actually taken as bycatch during

directed fishing for groundfish species

other than pollock, up to the maximum

retainable bycatch amounts allowed

under regulations at § 679.20(e). At this

time, these bycatch amounts are

unknown and will be determined

during the fishing year. The distribution

of pollock within the combined Western

and Central Regulatory Areas is shown
8184 Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations

in Table 3, except allocations of pollock for processing by the inshore and

offshore component are not shown.

TABLE 3.—DISTRIBUTION OF POLLOCK IN THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GULF OF ALASKA (W/

C GOA); BIOMASS DISTRIBUTION, AREA APPORTIONMENTS, AND QUARTERLY ALLOWANCES. ABC FOR THE W/C GOA

IS 74,400 METRIC TONS (MT). BIOMASS DISTRIBUTION IS BASED ON 1996 SURVEY DATA. TACS ARE EQUAL TO

ABC. INSHORE AND OFFSHORE ALLOCATIONS OF POLLOCK ARE NOT SHOWN. ABCS AND TACS ARE ROUNDED TO

THE NEAREST 10 MT.

Statistical area Biomass

percent

1997 ABC =

TAC

Seasonal allowances

First Second Third

Shumagin (610) ........................................................................................ 25 18,600 4,650 4,650 9,300

Chirikof (620) ............................................................................................ 42 31,250 7,812 7,812 15,626

Kodiak (630) ............................................................................................. 33 24,550 6,138 6,138 12,274

Total ................................................................................................... 100 74,400 18,600 18,600 37,200

5. Allocations for Processing of Pacific

Cod TAC Between Inshore and Offshore

Components

Regulations at § 679.20(a)(6)(iii)

require that the TAC apportionment of

Pacific cod in all regulatory areas be

allocated to vessels catching Pacific cod

for processing by the inshore and

offshore components. Ninety percent of

the Pacific cod TAC in each regulatory

area is allocated to vessels catching

Pacific cod for processing by the inshore

component. The remaining 10 percent

of the TAC is allocated to vessels

catching Pacific cod for processing by

the offshore component. These

allocations of the 69,115 mt Pacific cod

TAC for 1997 are shown in Table 4. The

Pacific cod reserves are not included in

the table.

TABLE 4.—1997 ALLOCATION (METRIC

TONS) OF PACIFIC COD INITIAL TAC

AMOUNTS IN THE GULF OF ALASKA;

ALLOCATIONS FOR PROCESSING BY

THE INSHORE AND OFFSHORE COMPONENTS

Regulatory area Initial

TAC

Component allocation

Inshore

(90%)

Offshore

(10%)

Western ............. 19,380 17,442 1,938

Central ............... 34,952 31,457 3,495

Eastern .............. 960 864 96

TABLE 4.—1997 ALLOCATION (METRIC

TONS) OF PACIFIC COD INITIAL TAC

AMOUNTS IN THE GULF OF ALASKA;

ALLOCATIONS FOR PROCESSING BY

THE INSHORE AND OFFSHORE COMPONENTS—Continued

Regulatory area Initial

TAC

Component allocation

Inshore

(90%)

Offshore

(10%)

Total ........... 55,292 49,763 5,529

6. ‘‘Other Species’’ TAC

The FMP specifies that amounts for

the ‘‘other species’’ category are

calculated as 5 percent of the combined

TAC amounts for target species. The

GOA-wide ‘‘other species’’ TAC is

13,470 mt, which is 5 percent of the

sum of the combined TAC amounts for

the target species.

7. Closures to Directed Fishing

The ‘‘Interim 1997 Harvest

Specifications of Groundfish,

Associated Management Measures, and

Closures’’ for the GOA (61 FR 64299,

December 4, 1996) contained several

closures to directed fishing for

groundfish during 1997. The closures

for the final specifications, which

supersede the closures announced in

the interim specifications, are listed in

Table 5.

Under § 679.20(d)(1)(iii)(A), the

Regional Administrator determined that

the entire TACs or allocations of TAC of

groundfish species and species groups

listed in Table 5 will be needed as

incidental catch to support other

anticipated groundfish fisheries during

1997. The Regional Administrator is

establishing directed fishing allowances

of zero mt and prohibiting directed

fishing for the remainder of the year for

the fisheries listed in Table 5. Maximum

retainable bycatch amounts for the

aforementioned closures may be found

at § 679.20(e).

Under authority of the interim 1997

specifications (61 FR 64299, December

4, 1996), pollock fishing opened on

January 1, 1997, for amounts specified

in that notice. NMFS has since closed

Statistical Area 610 to directed fishing

for pollock, effective 1200 hrs, A.l.t.,

January 26, 1997 (62 FR 4192, January

29, 1997); Statistical Area 620 to

directed fishing for pollock, effective

1200 hrs, A.l.t., February 7, 1997 (62 FR

6132, February 11, 1997); and Statistical

Area 630 to directed fishing for pollock,

effective 1200 hrs, A.l.t., February 4,

1997 (62 FR 5781, February 7, 1997).

The closures for Statistical Areas 610–

630 will remain in effect until 1200 hrs,

A.l.t., June 1, 1997, or until changed by

subsequent notification in the Federal

Register. The above closures are in

addition to the closures listed in Table

5.

TABLE 5.—CLOSURES TO DIRECTED FISHING FOR TOTAL ALLOWABLE CATCHES IMPLEMENTED BY THIS ACTION.1 BOTH =

OFFSHORE AND INSHORE COMPONENTS; OFFSHORE = OFFSHORE COMPONENT; ALL = ALL GEARS; WG = WESTERN

REGULATORY AREA; EG = EASTERN REGULATORY AREA; GOA = ENTIRE GULF OF ALASKA

Fishery Component Gear Closed areas

Atka mackerel ........................................................................................... Both .................................. All ..................................... GOA.

Northern rockfish ...................................................................................... Both .................................. All ...................................... WG, EG.

Deep-water flatfish ................................................................................... Both .................................. All ...................................... WG.

Other rockfish 2 ......................................................................................... Both .................................. All ...................................... GOA.
Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations 8185

TABLE 5.—CLOSURES TO DIRECTED FISHING FOR TOTAL ALLOWABLE CATCHES IMPLEMENTED BY THIS ACTION.1 BOTH =

OFFSHORE AND INSHORE COMPONENTS; OFFSHORE = OFFSHORE COMPONENT; ALL = ALL GEARS; WG = WESTERN

REGULATORY AREA; EG = EASTERN REGULATORY AREA; GOA = ENTIRE GULF OF ALASKA—Continued

Fishery Component Gear Closed areas

Pacific cod ................................................................................................ Offshore ............................ All ...................................... GOA.

Pollock ...................................................................................................... Offshore ............................ All ...................................... GOA.

Sablefish ................................................................................................... Both .................................. All ...................................... GOA.

Shortraker/rougheye rockfish ................................................................... Both .................................. All ...................................... GOA.

Thornyhead rockfish ................................................................................. Both .................................. All ...................................... GOA.

1These closures to directed fishing are in addition to closures and prohibitions found in regulations at 50 CFR part 679.

2Other rockfish includes slope and demersal shelf rockfish in the Western and Central GOA.

8. Pacific Halibut Prohibited Species

Catch (PSC) Mortality Limits

Under § 679.21(d), annual Pacific

halibut PSC limits are established and

apportioned to trawl and hook-and-line

gear and may be established for pot gear.

As in 1996, the Council recommended

that pot gear, jig gear, and the hook-andline sablefish fishery be exempted from

the non-trawl halibut limit for 1997. The

Council recommended these

exemptions because of the low halibut

bycatch mortality experienced in the pot

gear fisheries (17 mt in 1996) and the jig

gear fisheries (not estimated in 1996)

and because of the 1995 implementation

of the sablefish and halibut Individual

Fishing Quota program, which allows

legal-sized halibut to be retained in the

sablefish fishery.

As in 1996, the Council recommended

a hook-and-line halibut PSC mortality

limit of 300 mt. Ten mt of this limit are

apportioned to the DSR fishery. The

remainder is seasonally apportioned

among the non-sablefish hook-and-line

fisheries as shown in Table 6.

The Council continued to recommend

a trawl PSC mortality limit of 2,000 mt.

The PSC limit has remained unchanged

since 1989. Regulations at

§ 679.21(d)(3)(iii) authorize separate

apportionments of the trawl halibut PSC

limit between trawl fisheries for deepwater and shallow-water species

fisheries. Regulations at § 679.21(d)(5)

authorize seasonal apportionments of

halibut PSC limits.

NMFS concurs with the Council’s

recommendations listed above. The

following types of information as

presented in, and summarized from, the

1996 SAFE report, or as otherwise

available from NMFS, Alaska

Department of Fish and Game, the

International Pacific Halibut

Commission (IPHC) or public testimony

were considered:

(A) Estimated Halibut Bycatch in Prior

Years

The best available information on

estimated halibut bycatch is available

from 1996 observations of the

groundfish fisheries as a result of the

NMFS Observer Program. The

calculated halibut bycatch mortality by

trawl, hook-and-line, and pot gear

through December 28, 1996, is 1,964 mt,

172 mt, and 17 mt, respectively, for a

total of 2,153 mt.

Halibut bycatch restrictions

seasonally constrained trawl gear

fisheries throughout the year. Trawling

for the deep-water fishery complex was

closed during the first quarter on March

21, 1996 (61 FR 13462), for the second

quarter on April 15, 1996 (61 FR 17256)

and for the third quarter on August 7,

1996 (61 FR 41523). The shallow-water

fishery complex was closed in the

second quarter on May 13, 1996 (61 FR

24729) and in the third quarter on

August 5, 1996 (61 FR 41363). All

trawling was closed in the fourth

quarter on December 2, 1996 (61 FR

64487).

The amount of groundfish that trawl

gear might have harvested if halibut had

not been seasonally limiting in 1996 is

unknown.

(B) Expected Changes in Groundfish

Stocks

At its December 1996 meeting, the

Council adopted higher ABCs for

pollock, Pacific cod, and POP than those

established for 1996. The Council

adopted lower ABCs for deep-water

flatfish, rex sole, flathead sole, shallowwater flatfish, arrowtooth flounder,

sablefish, other rockfish, northern

rockfish, shortraker and rougheye

rockfish, pelagic shelf rockfish, and

Atka mackerel than those established for

1996. More information on these

changes is included in the Final SAFE

Report dated November 1996 and in the

Council and SSC minutes.

(C) Expected Changes in Groundfish

Catch

The total of the 1997 TACs for the

GOA is 282,815 mt, a slight increase

from the 1996 TAC total of 260,207 mt.

At its December 1996 meeting, the

Council changed the 1997 TACs for

some fisheries from the 1996 TACs.

Those fisheries for which the 1997

TACs are lower than in 1996 are deepwater flatfish (decreased to 7,170 mt

from 11,080 mt), rex sole (decreased to

9,150 mt from 9,690 mt), flathead sole

(decreased to 9,040 mt from 9,740),

sablefish (decreased to 14,520 mt from

17,080 mt), northern rockfish (decreased

to 5,000 mt from 5,270 mt), shortraker

and rougheye rockfish (decreased to

1,590 from 1,910 mt), pelagic shelf

rockfish (decreased to 5,140 from 5,190

mt), and Atka mackerel (decreased to

1,000 mt from 3,240 mt). Those species

for which the 1997 TACs are higher

than in 1996 are pollock (increased to

79,980 mt from 54,810 mt), Pacific cod

(increased to 69,115 mt from 65,000 mt),

POP (increased to 9,190 mt from 6,959

mt), other rockfish (increased to 2,170

mt from 2,020 mt), and other species

(increased to 13,470 mt from 12,390 mt).

(D) Current Estimates of Halibut

Biomass and Stock Condition

The stock assessment for 1996

conducted by the IPHC indicates that

the total exploitable biomass and

recruitment of Pacific halibut in the

Bering Sea and Aleutian Islands and

GOA has been underestimated in

previous years. Due to substantial

changes in the assessment model and

methods, new estimates of exploitable

biomass are not yet available but will be

included in next year’s SAFE.

The increase in estimated biomass

under the new method can be attributed

to three factors: (1) Halibut size at age

information (a growth rate parameter) is

better represented in the population

model. Growth rates have declined, and

the new method more appropriately

accounts for the capture of young

halibut by setline gear. The estimated

abundance of young halibut has

increased accordingly; (2) bycatch

mortality of legal-sized halibut (32

inches or greater) is now included in the

assessment along with other removals

such as commercial and sport. This

increases the estimated biomass to

account for the increase in removals;

and (3) catch rates from IPHC setline
8186 Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations

surveys are included in the analysis.

These data support trends observed in

the commercial fishery that the halibut

population has increased.

The old method not only

underestimated the exploitable biomass

of halibut in recent years, but the catch

limits were set lower than they might

have been if it had been known that

biomass was being underestimated. This

low rate of exploitation plus above

average recruitment of juvenile halibut

during the 1980s allowed halibut

abundance to increase beyond

historically normal levels. The 1987

year class of halibut, although small in

individual size, appears to be very

abundant. The strength of this year class

has increased current estimates of

abundance and suggests that halibut

biomass is likely to stay high for the

next several years.

(E) Other Factors

Potential impacts of expected fishing

for groundfish on halibut stocks and

U.S. halibut fisheries and methods

available for, and costs of, reducing

halibut bycatch in the groundfish

fisheries were discussed in the proposed

1997 specifications (61 FR 64310,

December 4, 1996). That discussion is

not repeated here.

9. Fishery and Seasonal

Apportionments of the Halibut PSC

Limits

Under § 679.21(d)(5), NMFS

seasonally apportions the halibut PSC

limits based on recommendations from

the Council. The FMP requires that the

following information be considered by

the Council in recommending seasonal

apportionments of halibut: (a) Seasonal

distribution of halibut, (b) seasonal

distribution of target groundfish species

relative to halibut distribution, (c)

expected halibut bycatch needs on a

seasonal basis relative to changes in

halibut biomass and expected catches of

target groundfish species, (d) expected

bycatch rates on a seasonal basis, (e)

expected changes in directed groundfish

fishing seasons, (f) expected actual start

of fishing effort, and (g) economic

effects of establishing seasonal halibut

allocations on segments of the target

groundfish industry.

The publication of the final 1996

initial groundfish and PSC

specifications (61 FR 4304, February 5,

1996) summarizes Council findings with

respect to each of the FMP

considerations set forth above. At this

time, the Council’s findings are

unchanged from those set forth for 1996.

Pacific halibut PSC limits, and

apportionments thereof, are presented

in Table 6. Regulations specify that any

overages or shortfalls in a seasonal

apportionment of a PSC limit will be

deducted from or added to the next

respective seasonal apportionment

within the 1997 season.

TABLE 6.—FINAL 1997 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS. THE PACIFIC HALIBUT PSC

LIMIT FOR HOOK-AND-LINE GEAR IS ALLOCATED TO THE DEMERSAL SHELF ROCKFISH (DSR) FISHERY AND FISHERIES

OTHER THAN DSR

[Values are in metric tons]

Trawl gear Hook-and-line gear

Dates Amount

Other than DSR DSR

Dates Amount Dates Amount

Jan 1–Mar 31 ...................... 600 (30%) Jan 1–May 17 ..................... 250 (86%) Jan 1–Dec 31 ...................... 10 (100%)

Apr 1–Jun 30 ...................... 400 (20%) May 18–Aug 31 ................... 15 (5%)

Jul 1–Sep 30 ....................... 600 (30%) Sep 1–Dec 31 ..................... 25 (9%)

Oct 1–Dec 31 ...................... 400 (20%)

Total ............................. 2,000 (100%) ............................................. 290 (100%) ............................................. 10 (100%)

Regulations at § 679.21(d)(3)(iii)

authorize apportionments of the trawl

halibut PSC limit to a deep-water

species fishery, comprised of sablefish,

rockfish, deep-water flatfish, rex sole,

and arrowtooth flounder and a shallowwater species fishery, comprised of

pollock, Pacific cod, shallow-water

flatfish, flathead sole, Atka mackerel,

and other species. The apportionment

for these two fishery categories is

presented in Table 7.

TABLE 7.—FINAL 1997 APPORTIONMENT OF PACIFIC HALIBUT PSC

TRAWL LIMITS BETWEEN THE DEEPWATER SPECIES COMPLEX AND THE

SHALLOW-WATER SPECIES COMPLEX

[Values are in metric tons]

Season

Shallowwater

Deepwater Total

Jan. 20–Mar. 31 500 100 600

Apr. 1–Jun. 30 ... 100 300 400

Jul. 1–Sep. 30 ... 200 400 600

Jan. 20–Sep.

301 ................. 800 800 1,600

Oct. 1–Dec. 31 .. ............ ............ 400

Total ........... ............ ............ 2,000

1 No apportionment between shallow-water

and deep-water fishery categories during the

4th quarter.

The Council recommended that the

revised halibut discard mortality rates

recommended by the IPHC be adopted

for purposes of monitoring halibut

bycatch mortality limits established for

the 1997 groundfish fisheries. NMFS

concurs with the Council’s

recommendation. Most of the IPHC’s

assumed halibut mortality rates were

based on an average of mortality rates

determined from NMFS-observer data

collected during 1994 and 1995. For

fisheries where a steady trend from 1992

to 1995 towards increasing or

decreasing mortality rates was observed,

the IPHC recommended using the most

recent year’s observed rate. Rates for

1994 and 1995 were lacking for some

fisheries, so rates from the most recent

years were used. Seasonal variation in

halibut mortality rates in the deep-water

flatfish and rex sole target fisheries are

not recommended for 1997 as they were

in 1996, nor were separate rates for
Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations 8187

pollock harvested for processing by the

inshore component and the offshore

component. Most of the assumed

mortality rates recommended for 1997

differ slightly from those used in 1996.

The recommended mortality rates for

specific targets range from 6 to 27

percent for hook-and-line gear, from 51

to 66 percent for trawl gear, and from 19

to 100 percent for pot gear. The halibut

mortality rates are listed in Table 8.

TABLE 8.—1997 ASSUMED PACIFIC

HALIBUT MORTALITY RATES FOR

VESSELS FISHING IN THE GULF OF

ALASKA

[Table values are percent of halibut bycatch

assumed to be dead]

Gear and target (percent)

Hook-and-line:

Sablefish ......................... 27

Pacific cod ...................... 12

Rockfish .......................... 6

Other species ................. 12

Trawl:

Midwater pollock ............. 51

Rockfish .......................... 65

Shallow-water flatfish ..... 66

Pacific cod ...................... 59

Deep-water flatfish ......... 58

Flathead sole .................. 59

Rex sole ......................... 66

Bottom pollock ................ 57

Atka mackerel ................. 53

Sablefish ......................... 62

Other species ................. 66

Pot:

Pacific cod ...................... 19

Bottom pollock ................ 100

Other species ................. 19

Comment and Response

Comment. The draft environmental

assessment prepared for the 1997

specifications provides an inadequate

basis for a Finding of No Significant

Impact. The environmental impact

statement (EIS) prepared for the GOA

groundfish fishery was drafted in 1977.

Since that time, the conduct of the

fisheries has changed, new information

regarding the affected groundfish

species exists, and substantial and

unanalyzed questions exist regarding

the impact of the groundfish fisheries on

the GOA ecosystem. NMFS should

prepare a supplement to the EIS that

fully evaluates the potential impacts of

the groundfish TACs on the GOA

ecosystem.

Response. NMFS acknowledges that

the final EIS prepared for the GOA

groundfish fishery is 20 years old.

Nonetheless, NMFS believes the final

EA prepared for the 1997 GOA

groundfish specifications, as well as the

documents incorporated by reference

into the EA, adequately support a

Finding of No Significant Impact

(FONSI). The FONSI is based on the

best available information contained in

the SAFE report on the biological

condition of groundfish stocks, the

socioeconomic condition of the fishing

industry, and consultation with the

Council at its December 1996 meeting.

For each species category, the Council

recommended harvest amounts such

that catches at or below these amounts

would not result in overfishing as

defined by the FMP. The Council’s

recommended final TACs for many

groundfish species differ from the

proposed TACs due to new information

on status of stocks and/or changes in

exploitation strategy. Each of the

Council’s recommended TACs for 1997

is equal to or less than the ABC for each

species category. Therefore, NMFS finds

that the recommended TACs are

consistent with the biological condition

of the groundfish stocks.

This action is authorized under 50

CFR 679.20 and is exempt from review

under E.O. 12866.

This action adopts final 1997 harvest

specifications for the GOA, revises

associated management measures, and

closes specified fisheries. Generally, this

action does not significantly revise

management measures in a manner that

would require time to plan or prepare

for those revisions. In some cases, such

as closures, action must be taken

immediately to conserve fishery

resources. Without these closures,

specified TAC amounts would be

overharvested, and retention of these

species would become prohibited,

which would disadvantage fishermen

who could no longer retain bycatch

amounts of these species. In some cases,

the interim specifications in effect

would be insufficient to allow directed

fisheries to operate during a 30-day

delayed effectiveness period, which

would result in unnecessary closures

and disruption within the fishing

industry; in many of these cases, the

final specifications will allow the

fisheries to continue without

interruption. The immediate

effectiveness of this action is required to

provide consistent management and

conservation of fishery resources.

Accordingly, the Assistant

Administrator for Fisheries, NOAA (AA)

finds there is good cause to waive the

30-day delayed effectiveness period

under 5 U.S.C. 553(d)(3) with respect to

such provisions and to the

apportionment discussed above.

Pursuant to Section 7 of the

Endangered Species Act, NMFS and the

U.S. Fish & Wildlife Service have

determined that the groundfish fishery

operating under the 1997 GOA TAC

specifications is unlikely to jeopardize

the continued existence or recovery of

species listed as endangered or

threatened or to adversely modify

critical habitat.

NMFS prepared an environmental

assessment (EA) on the 1997 TAC

specifications. The AA concluded that

no significant impact on the

environment will result from their

implementation. A copy of the EA is

available (see ADDRESSES).

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for the Advocacy of

the Small Business Administration that

this final specification will not have a

significant economic impact on a

substantial number of small entities.

The number of fixed gear and trawl

catcher vessels expected to be operating

as small entities in the Gulf of Alaska

groundfish fishery is 1,541, excluding

catcher/processor vessels. All these

small entities will be affected by the

harvest limits established in the 1997

specifications but changes from 1996 are

relatively minor and are expected to be

shared proportionally among

participants. For this reason, the

expected effects would not likely cause

a reduction in gross revenues of more

than 5 percent, increase compliance

costs by more than 10 percent, or force

small entities out of business.

The Alaska commercial fishing

industry is accustomed to shifting effort

among alternative species and

management areas in response to

changes in TAC between years and

inseason closures. Such mobility is

necessary to survive in the open access

fishery. Therefore, the annual

specification process for Alaska

groundfish for 1997 would not have

significant economic impact on a

significant number of small entities. No

comments were received regarding this

certification.

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

U.S.C. 1801 et seq.

Dated: February 19, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–4456 Filed 2–19–97; 2:14 pm]

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