20952 Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules

Service. These studies will help

determine appropriate management

practices and identify suitable areas for

expanding and augmenting depauperate

populations.

The designation of special

management areas, such as Botanical

Areas, Research Natural Areas, and

essential habitat, are being evaluated

and incorporated into a review process

under the National Environmental

Policy Act. Special management area

designation assures the priority of

Arizona willow management and longterm conservation of the species within

a multiple-use land management

framework.

Continued implementation of the

AWCAS for management of Arizona

willow on the Apache-Sitgreaves NFs,

Dixie NF, Fishlake NF, and Cedar

Breaks National Monument, and the

implementation of the ‘‘Arizona Willow

Management Plan: An Interim Approach

to High-Elevation Riparian and Cienega

Ecosystem Management on the Fort

Apache Indian Reservation’’ are

expected to accomplish significant

conservation of Arizona willow without

its being listed.

The Service has determined that

Arizona willow does not warrant listing

under the Act and places this plant in

category 3C of the plant notice of

review. Category 3C species are those

species for which information now in

the possession of the Service indicates

that the species is more abundant or

widespread than previously thought and

for which substantial threats do not

exist. If further research or changes in

habitat indicate a significant decline in

the species, it may again be included in

categories 1 or 2, and its listing status

may be reevaluated.

Author

The primary author of this proposed

rule is Bruce K. Palmer (see ADDRESSES

section).

Authority

The authority for this action is section

4(b)(6)(B)(ii) of the Endangered Species

Act of 1973, as amended (16 U.S.C. 1531

et seq.).

Dated: April 25, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95–10579 Filed 4–27–95; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 672, 675, and 676

[Docket No. 940414104–5104–01; I.D.

110194B]

RIN 0648–AF53

Groundfish of the Gulf of Alaska;

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Maximum

Retainable Bycatch Amounts

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes revised

regulations for directed fishing

standards in the groundfish fisheries in

the Gulf of Alaska (GOA) and the Bering

Sea and Aleutian Islands management

area (BSAI). The proposed rule would

simplify and clarify the regulations. In

place of directed fishing standards, the

proposed rule would specify retainable

percentages from which the maximum

amounts of fish that may be retained as

bycatch in fisheries that are closed to

directed fishing can be derived. The

proposed changes are expected to

promote compliance with groundfish

regulations and to facilitate enforcement

efforts. This action is intended to further

the objectives of the fishery

management plans (FMPs) for the

groundfish fisheries off Alaska.

DATES: Comments must be submitted by

May 30, 1995.

ADDRESSES: Comments must be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802 (Attn: Lori Gravel). Individual

copies of the environmental assessment/

regulatory impact review prepared for

this action may be obtained from the

same address.

FOR FURTHER INFORMATION CONTACT: Kaja

Brix, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone (EEZ) of the

GOA and the BSAI are managed by

NMFS in accordance with the Fishery

Management Plan for Groundfish of the

Gulf of Alaska and the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands. The FMPs were prepared by the

North Pacific Fishery Management

Council (Council) under the Magnuson

Fishery Conservation and Management

Act (Magnuson Act).

The FMPs are implemented by

regulations that appear at 50 CFR parts

672, 675, and 676. General regulations

that also govern the groundfish fisheries

appear at 50 CFR part 620. These fishery

regulations generally distinguish

between fish taken in directed fishing

efforts and fish of other species that are

taken incidentally, sometimes referred

to as ‘‘bycatch.’’

Typically, a fishery for a certain

species is open to directed fishing until

specified amounts of that species are

taken or are projected to be taken, at

which point the fishery is closed to

directed fishing. Once a fishery for a

particular species is closed to directed

fishing, that species may be retained

only as bycatch in fisheries for other

species that remain open. The current

fishery regulations specify standards for

determining what constitutes directed

fishing, and the proportions of retained

catches that represent allowable bycatch

levels. Once the catch of a species

exceeds, or is projected to exceed, its

total allowable catch (TAC) limit, that

species may not be retained and must be

discarded at sea.

Current regulations at 50 CFR

672.20(g) and 675.20(h) specify a large

number of species-, area-, gear-, and

management goal-specific directed

fishing standards for the GOA and BSAI,

respectively. The current regulations

define directed fishing in terms of the

proportion of the retained catch of one

species in relationship to the retained

catch of other species. Directed fishing

standards range from 1 percent to 35

percent with a general default of 20

percent. Under current regulations

arrowtooth flounder may not be used to

calculate retainable amounts of other

groundfish species because arrowtooth

flounder was sometimes being harvested

solely for the purpose of providing

directed catch against which retainable

bycatch quantities were calculated and

accumulated.

These regulations were intended to

reduce harvest rates of groundfish

species when their TAC limits are being

approached. At the same time, the

directed fishing standards were

intended to reduce waste and minimize

the need to discard fish at sea by

allowing retention of incidental

groundfish bycatch, after closure of the

directed fishery until the TAC limit is

achieved.

In spite of increased specificity,

directed fishing standards have often

failed to prevent overharvest or

underharvest of groundfish.

Furthermore, the existing regulations

have not eliminated undesirable fishing
Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules 20953

practices, such as covert targeting on

high value species after fishery closures

or wasteful discarding. Therefore, at its

June 1994 meeting, the Council

requested that NMFS revise the

regulations defining directed fishing

standards.

This proposed regulatory amendment

does not use the term ‘‘directed fishing

standard.’’ Instead, the proposed rule

would provide tables of retainable

percentages for each bycatch species/

basis species combination, from which

the maximum retainable bycatch

amount could be calculated. The

maximum retainable bycatch amount is

the amount, in round-weight

equivalents, of a species or species

group that a vessel may retain on board

at any time during a fishing trip.

Retention in excess of this amount

constitutes directed fishing.

This rule would establish a single

retainable percentage for each bycatch

species/basis species combination,

regardless of gear type or management

area. Thus, the rule would establish the

same retainable percentages for trawl,

hook-and-line, pot, and other gear types.

The same retainable percentages would

be specified for the GOA and BSAI, with

separate tables to reflect the differences

in species groupings between the two

areas.

Therefore, the proposed regulations

would be simpler to apply than those

currently in place.

Details of the proposed changes in

this regulatory amendment follow.

Specific Changes

1. To satisfy the Council’s intent for

simplification and consistency, the

proposed rule would add new tables to

§§ 672.20 and 675.20. These tables

display bycatch species as columns and

species open to directed fishing (basis

species) as rows. Each species open to

directed fishing retained on board a

vessel would become a basis species

from which individual retainable

bycatch amounts for the bycatch species

would be measured. The individual

retainable bycatch amount would be

calculated by multiplying the retainable

percentage in the appropriate block of

the table by the round-weight equivalent

of the corresponding basis species. The

maximum retainable bycatch amount for

a given bycatch species would be the

sum of all the individual retainable

bycatch amounts for the various basis

species retained on board the vessel.

Directed fishing would be defined as

any fishing activity that results in the

retention of an amount of that species or

species group on board a vessel that is

greater than the maximum retainable

bycatch amount for that species or

species group as calculated under

§§ 672.20 and 675.20.

Current regulations indicate that

when a fishery is closed to directed

fishing, a vessel may retain bycatch in

an amount up to, but not including, the

amount that is calculated using the

directed fishing standards. Under the

proposed rule, the maximum retainable

bycatch amount could equal the

calculated amount.

The maximum retainable bycatch

amount for a bycatch species is

calculated for a vessel in relation to the

amounts of basis species that are

retained on that vessel. Bycatch species

are listed on the horizontal axis of the

table and are identified by column

headings at the top of each table. A

bycatch species would be any species or

species group for which a maximum

retainable bycatch amount would need

to be calculated when a fishery is closed

to directed fishing, or under other

circumstances.

Any species or species group that is

open to directed fishing and that the

vessel is authorized to harvest would be

considered a ‘‘basis species.’’ Basis

species are listed on the vertical axis of

the table and are identified as row

headings on the left side of Table 2 to

§ 672.20 or Table 1 to § 675.20 of the

proposed rule. The retainable

percentages for each bycatch species/

basis species combination are contained

in each table block (row and column

intersection of the box). These

retainable percentages range from 0 to

35 percent.

To calculate the maximum retainable

bycatch amount for each bycatch

species, individual retainable bycatch

amounts would be calculated by

multiplying the retainable percentage

set forth in the tables of the proposed

rule (Table 2 to § 672.20 and Table 1 to

§ 675.20) by the amount of each basis

species retained on board a vessel, in

round-weight equivalents. Then the

total or maximum retainable bycatch

amount would be determined by adding

together the individual retainable

bycatch amounts calculated for each

bycatch species in relation to each basis

species retained on board the vessel.

For example, if a vessel in the BSAI

is fishing in an area that is open to

directed fishing for pollock, Pacific cod

and Pacific ocean perch, but is closed to

directed fishing for yellowfin sole and

Greenland turbot, and all of those

species are retained on board the vessel,

the maximum retainable bycatch

amount of yellowfin sole would be

calculated as follows using Table 1 of

§ 675.20:

a. The individual retainable bycatch

amount of yellowfin sole (on the top of

the table) in relation to pollock (on the

left side of the table) would be

determined by multiplying the

retainable percentage for bycatch of

yellowfin sole in relation to the basis

species of pollock—in this case 20

percent (the intersection of the

yellowfin sole column and the pollock

row in the table) by the amount of

pollock retained, in round-weight

equivalents.

b. The individual retainable bycatch

amount of yellowfin sole (on the top of

the table) in relation to Pacific cod (on

the left side of the table) would then be

determined by multiplying the

retainable percentage specified for

bycatch of yellowfin sole in relation to

the basis species of Pacific cod—in this

case 20 percent (the intersection of

yellowfin sole column and the Pacific

cod row in the table) by the amount of

Pacific cod retained, in round-weight

equivalents.

c. The same type of calculation would

then be made with respect to Pacific

ocean perch.

d. The three amounts (for pollock,

Pacific cod, and Pacific ocean perch)

would then be added together to obtain

the maximum retainable bycatch

amount of yellowfin sole that could be

retained on board the vessel.

Similar calculations would be made

to determine the maximum retainable

bycatch amount of Greenland turbot,

except that the retainable percentages

for Greenland turbot in relation to

pollock, Pacific cod, and Pacific ocean

perch are 1 percent, 1 percent, and 35

percent, respectively, based on Table 1

to § 675.20. Again, the three amounts

would be added together to calculate the

maximum retainable bycatch amount of

Greenland turbot that could be retained

on board.

2. Directed fishing standards based on

groupings of fisheries categories would

be eliminated (except for rockfish).

Retainable percentages would be

established that are species specific,

except for rockfish, which would use

percentages applied to the aggregate

grouping. Consistent with existing

regulations at §§ 672.20(g)(2) and

675.20(h)(3)(iii), rockfish, except

demersal shelf rockfish, would continue

to be aggregated to prevent ‘‘topping

off’’ of individual rockfish species that

are closed to directed fishing.

Definitions of groundfish species may

be found in the final 1995 groundfish

harvest specifications for the BSAI (60

FR 8479, February 14, 1995) and GOA

(60 FR 8470, February 14, 1995). One

retainable percentage would apply for

all gear types, such as trawl, hook-andline, pot, and jig gear. A separate table

would be published at §§ 672.20(g) and
20954 Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules

675.20(h) to accommodate distinctions

between species groupings that are

specific to the different management

areas.

3. The separate directed fishing

standard for vessels using pelagic trawl

gear would be eliminated. Instead, one

retainable percentage for each bycatch

species/basis species combination

would be specified. The existing

directed fishing standard for pelagic

trawl gear was intended to be effective

after the directed fishery for pollock by

vessels using bottom trawl gear was

closed because a prohibited species

bycatch allowance, specified for the

pollock fishery, had been reached. The

intent of the existing directed fishing

standard was to encourage vessel

operators using pelagic trawl gear to

conduct midwater operations and avoid

contact with the seabed and, therefore,

avoid additional bycatch amounts of

halibut and crab.

Since the directed fishing standard for

pelagic trawl gear was implemented,

several new regulatory measures have

been implemented to monitor and

enforce off-bottom trawl operations

more effectively during the period when

directed fishing for pollock with bottom

trawl gear is closed. These measures

include a revised definition of pelagic

trawl gear (§§ 672.2 and 675.2,

definitions of, ‘‘Authorized fishing

gear’’) and a new performance standard

for pelagic trawl gear based on the

number of crab on board a vessel at any

time (§§ 672.7(m) and 675.7(n)). These

measures were implemented to control

more effectively the type of fishing

behavior that the directed fishing

standard for pelagic trawl gear was

intended to address. As a result of these

recent measures, the current directed

fishing standard for pelagic trawl gear

arguably is redundant and unnecessarily

complicates the issue of what

constitutes directed fishing or the

amount of a species that may be

retained as bycatch. If information

collected in the future indicates that

additional performance standards are

appropriate for pelagic trawl gear

operations, it is likely that these

standards would be developed and

implemented separately from the

proposed regulations governing the

maximum amount of a species that may

be retained as bycatch.

4. The proposed rule would eliminate

closures of fisheries for species in the

aggregate under § 675.21(c) and (d)

when a prohibited species bycatch

allowance is reached. Under current

regulations, NMFS can close the fishery

for an aggregate group of target species

when a prohibited species bycatch

allowance is attained. The default

directed fishing standard of 20 percent

for that aggregate group is then effective.

This differs from the use of a directed

fishing standard for a specific target

species category to manage the harvest

of species’ TAC amounts.

Under the proposed rule, once a

prohibited species bycatch allowance is

reached, the fishery for each species in

the grouping would be closed

individually. A single species specific

retainable percentage would then apply.

This change is consistent with the

objective of simplifying the standards

for directing fishing.

For the following items 5 through 9,

the proposed retainable percentages

differ from the current directed fishing

standards to represent a more accurate

estimation of the observed bycatch rates

and to simplify the regulations:

5. The retainable percentage for

sablefish would be 15 percent with

respect to each deep-water target species

(deep-water flatfish, rex sole, flathead

sole, Pacific ocean perch, shortraker/

rougheye, other rockfish, northern

rockfish, pelagic rockfish, demersal

shelf rockfish in the Southeast outside

area, thornyhead, Greenland turbot,

other rockfish, other red rockfish in the

Bering Sea, sharpchin/northern-AI, and

shortraker/ rougheye-AI), and 1 percent

with respect to each other target species

(pollock, Pacific cod, shallow-water

flatfish, Atka mackerel and ‘‘other

species’’).

The retainable percentage for

sablefish of 15 percent with respect to

deep-water species would be higher

than the directed fishing standard

currently established for the BSAI trawl

fisheries and the GOA hook-and-line

fisheries. Historically, trawl vessels

have not taken their TAC for sablefish

and the Council believes that the

current directed fishing standard is

unnecessarily conservative.

Currently, a vessel using hook-andline gear in the GOA is considered to be

engaged in directed fishing for sablefish

if 4 percent or more of the total amount

of fish on board the vessel are sablefish.

The sablefish fishery will be managed

under an individual fishing quota (IFQ)

system in 1995. Sablefish will most

likely be taken as bycatch in the Pacific

cod fishery outside of the IFQ open

season; therefore, a retainable

percentage of 1 percent with respect to

Pacific cod, which is a shallow-water

species, would be appropriate. These

considerations, together with the overall

intent to simplify the regulations,

support the proposed retainable

percentage of 15 and 1 percent.

6. The retainable percentage for

Greenland turbot would be 35 percent

with respect to rockfish retained on

board the vessel. Similarly, the

retainable percentage for Greenland

turbot would be 35 percent with respect

to sablefish retained on board the vessel.

The retainable percentage for Greenland

turbot would be 1 percent of each other

target species on board the vessel.

The Council recommended that the

retainable percentage for BSAI

Greenland turbot be 35 percent of deepwater flatfish, flathead sole, and rex sole

retained on board the vessel. The final

groundfish harvest specifications for the

BSAI published February 14, 1995 (60

FR 8479) established a separate TAC

category for flathead sole. A technical

amendment published concurrently

with the BSAI specifications established

the retainable percentage for flathead

sole as 35 percent. However, the other

two groups currently are aggregated

under the ‘‘other flatfish’’ grouping to

reflect the combined annual TAC

specified for these species. To establish

distinct retainable percentages for these

other two species, the species must first

be separated from the ‘‘other flatfish’’

grouping through the annual TAC

specification process. Until this

separation occurs, a distinct retainable

percentage for these target species

cannot be established.

7. The retainable percentage for

aggregated rockfish would be 15 percent

of deep-water target species (deep-water

flatfish, rex sole, flathead sole, sablefish,

rockfish, and Greenland turbot) and 5

percent of each other target species.

The assignment of 15 percent for

deep-water species, such as rockfish and

sablefish, against flathead sole differs

from the current BSAI regulations.

Currrent regulations allow deep-water

species to be retained at 1 percent

against ‘‘other flatfish’’, from which

flathead sole was separated in 1995.

This could indicate that deep-water

species should be allowed at 1 percent

against flathead sole since it was

separated from the ‘‘other flatfish’’

category. However, to maintain

consistency with the GOA and with the

Council’s intent to allow 15 percent

against flathead sole, deep-water species

such as rockfish and sablefish would be

15 percent against flathead sole for both

the GOA and the BSAI.

8. The retainable percentage for a

species taken as bycatch, other than

those specifically established above,

would be 20 percent of each basis

species. The retainable percentage for

groundfish species measured against

nongroundfish basis species would also

be the default of 20 percent.

9. Consistent with the Council intent

to specify retainable percentages that are

more representative of actual bycatch

rates, the proposed rule would change
Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules 20955

the retainable percentage for arrowtooth

flounder from 20 percent to 35 percent

of each basis species retained on board

the vessel.

Classification

The Assistant General Counsel of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities.

While the proposed rule would affect a

substantial number of small entities, it

would slightly lessen economic burdens

on them by reducing the time required

to calculate amounts of retainable

groundfish bycatch and maintain

required records. This lessening of

burdens would not be economically

significant for purposes of the

Regulatory Flexibility Act.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Parts 672,

675, and 676

Fisheries, Reporting and

recordkeeping requirements.

Dated: April 19, 1995.

Richard H. Schaefer,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR parts 672, 675, and

676 are proposed to be amended as

follows:

PART 672—GROUNDFISH OF THE

GULF OF ALASKA

1. The authority citation for part 672

continues to read as follows:

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

2. In § 672.2, the definition of

‘‘Directed fishing’’ is revised to read as

follows:

§ 672.2 Definitions.

* * * * *

Directed fishing means any fishing

activity that results in the retention of

an amount of a species or species group

on board a vessel that is greater than the

maximum retainable bycatch amount for

that species or species group as

calculated under § 672.20 (g) and (h).

* * * * *

3. In § 672.20, the last sentence of

paragraphs (c)(2)(i) and (c)(2)(ii), and

paragraph (g) are revised, and new Table

2 is added at the end of this section to

read as follows:

§ 672.20 General limitations.

* * * * *

(c) * * *

(2) * * *

(i) * * * If directed fishing for a

species or species group is prohibited,

any amount of that species or species

group greater than the maximum

retainable bycatch amount, as calculated

under paragraph (g) of this section, may

not be retained and must be treated as

a prohibited species under paragraph (e)

of this section.

(ii) * * * If directed fishing for a

species or species group is prohibited,

any amount of that species or species

group greater than the maximum

retainable bycatch amount, as calculated

under paragraph (g) of this section, may

not be retained and must be treated as

a prohibited species under paragraph (e)

of this section.

* * * * *

(g) Maximum retainable bycatch

amounts. (1) The maximum retainable

bycatch amount for a bycatch species or

species group is calculated as a

proportion of the basis species retained

on board the vessel using the retainable

percentages in Table 2 to this section.

As used in this paragraph (g), ‘‘bycatch

species’’ means any species or species

group for which a maximum retainable

bycatch amount is being calculated. As

used in this paragraph (g), ‘‘basis

species’’ means any species or species

group that is open to directed fishing

that the vessel is authorized to harvest.

(2) If a fishery is closed to directed

fishing, a vessel may not retain a

bycatch species in an amount that

exceeds that maximum retainable

bycatch amount, as calculated under

this paragraph (g), at any time during a

fishing trip.

(3) To calculate the maximum

retainable bycatch amount for a specific

bycatch species, an individual

retainable bycatch amount must be

calculated with respect to each basis

species that is retained on board that

vessel. To obtain these individual

retainable bycatch amounts, the

appropriate retainable percentage for the

bycatch species/basis species

combination, set forth in Table 2 to this

section, is multiplied by the amount of

that basis species, in round-weight

equivalents. The maximum retainable

bycatch amount for that specific bycatch

species consists of the sum of the

individual retainable bycatch amounts.

* * * * *

TABLE 2 TO § 672.20.—GULF OF ALASKA RETAINABLE PERCENTAGES

Basis species 1

Bycatch species 1

Pollock Pacific cod Deep flatfish Rex sole Flathead

sole

Shallow flatfish

Pollock .............................................................................. 2 na 20 20 20 20 20

Pacific cod ........................................................................ 20 2 na 20 20 20 20

Deep-water flatfish ............................................................ 20 20 2 na 20 20 20

Rex sole ............................................................................ 20 20 20 2 na 20 20

Flathead sole .................................................................... 20 20 20 20 2 na 20

Shallow-water flatfish ........................................................ 20 20 20 20 20 2 na

Arrowtooth ........................................................................ 0 0 0 0 0 0

Sablefish ........................................................................... 20 20 20 20 20 20

Pacific Ocean perch ......................................................... 20 20 20 20 20 20

Shortraker/rougheye ......................................................... 20 20 20 20 20 20

Other rockfish ................................................................... 20 20 20 20 20 20

Northern rockfish .............................................................. 20 20 20 20 20 20

Pelagic rockfish ................................................................ 20 20 20 20 20 20

DSR—Southeast outside .................................................. 20 20 20 20 20 20

Thornyhead ....................................................................... 20 20 20 20 20 20

Atka mackerel ................................................................... 20 20 20 20 20 20

Other species ................................................................... 20 20 20 20 20 20
20956 Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules

TABLE 2 TO § 672.20.—GULF OF ALASKA RETAINABLE PERCENTAGES—Continued

Basis species 1

Bycatch species 1

Pollock Pacific cod Deep flatfish Rex sole Flathead

sole

Shallow flatfish

Aggregated amount non-groundfish species ................... 20 20 20 20 20 20

1For definition of species see Table 1 of the Gulf of Alaska groundfish specifications.

2 na=not applicable.

TABLE 2 to § 672.20.—GULF OF ALASKA RETAINABLE PERCENTAGES

Basis species 1

Bycatch species 1

Arrowtooth Sablefish Aggregated

rockfish 2

DSR southeast outsideAtka mackerelOther species

Pollock .............................................................................. 35 1 5 10 20 20

Pacific cod ........................................................................ 35 1 5 10 20 20

Deep-water flatfish ............................................................ 35 15 15 1 20 20

Rex sole ............................................................................ 35 15 15 1 20 20

Flathead sole .................................................................... 35 15 15 1 20 20

Shallow-water flatfish ........................................................ 35 1 5 10 20 20

Arrowtooth ........................................................................ 3 na 0 0 0 0 0

Sablefish ........................................................................... 35 3 na 15 1 20 20

Pacific Ocean perch ......................................................... 35 15 15 1 20 20

Shortraker/rougheye ......................................................... 35 15 15 1 20 20

Other rockfish ................................................................... 35 15 15 1 20 20

Northern rockfish .............................................................. 35 15 15 1 20 20

Pelagic rockfish ................................................................ 35 15 15 1 20 20

DSR-Southeast outside .................................................... 35 15 15 3 na 20 20

Thornyhead ....................................................................... 35 15 15 1 20 20

Atka mackerel ................................................................... 35 1 5 10 3 na 20

Other species ................................................................... 35 1 5 10 20 3 na

Aggregated amount non-groundfish species ................... 35 1 5 10 20 20

1For definition of species see Table 1 of the Gulf of Alaska groundfish specifications.

2Aggregated rockfish means rockfish of the general Sebastes and Sebastolobus except for demersal shelf rockfish.

3 na=not applicable.

PART 675—GROUNDFISH OF THE

BERING SEA AND ALEUTIAN ISLANDS

AREA

4. The authority citation for part 675

continues to read as follows:

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

5. In § 675.2, the definition of

‘‘Directed fishing’’ is revised to read as

follows:

§ 675.2 Definitions.

* * * * *

Directed fishing means any fishing

activity that results in the retention of

an amount of a species or species group

on board a vessel that is greater than the

maximum retainable bycatch amount for

that species or species group as

calculated under § 675.20 (h) and (i).

* * * * *

6. In § 675.20, the last sentence of

paragraph (a)(8) and paragraph (h) are

revised, and new Table 1 is added at the

end of the section to read as follows:

§ 675.20 General limitations.

(a) * * *

(8) * * * If directed fishing for a

species or species group is prohibited,

any amount of that species or species

group greater than the maximum

retainable bycatch amount, as calculated

under paragraph (h) of this section, may

not be retained and must be treated as

a prohibited species under paragraph (c)

of this section.

* * * * *

(h) Maximum retainable bycatch

amounts. (1) The maximum retainable

bycatch amount for a bycatch species or

species group is calculated as a

proportion of the basis species retained

on board the vessel using the retainable

percentages in Table 1 to this section.

As used in this paragraph (h), ‘‘bycatch

species’’ means any species or species

group for which a maximum retainable

bycatch amount is being calculated. As

used in this paragraph (h), ‘‘basis

species’’ means any species or species

group that is open to directed fishing

that the vessel is authorized to harvest.

(2) If a fishery is closed to directed

fishing, a vessel may not retain a

bycatch species in an amount that

exceeds that maximum retainable

bycatch amount, as calculated under

this paragraph (h), at any time during a

fishing trip.

(3) To calculate the maximum

retainable bycatch amount for a specific

bycatch species, an individual

retainable bycatch amount must be

calculated with respect to each basis

species that is retained on board the

vessel. To obtain these individual

amounts, the appropriate retainable

percentage for the bycatch species/basis

species combination, set forth in Table

1 to this section, is multiplied by the

amount of that basis species, in roundweight equivalents. The maximum

retainable bycatch amount for that

specific bycatch species consists of the

sum of the individual retainable bycatch

amounts.

* * * * *
Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules 20957

TABLE 1 TO § 675.20.—BERING SEA AND ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES

Basis species1

Bycatch species1

Pollock P. cod Atka mack. Arrowtooth Yellowfin

sole

Other flatfish

Pollock .............................................................................. 2 na 20 20 35 20 20

Pacific cod ........................................................................ 20 2 na 20 35 20 20

Atka mackerel ................................................................... 20 20 2 na 35 20 20

Arrowtooth ........................................................................ 0 0 0 2 na 0 0

Yellowfin sole .................................................................... 20 20 20 35 2 na 35

Other flatfish ..................................................................... 20 20 20 35 35 2 na

Rocksole ........................................................................... 20 20 20 35 35 35

Flathead sole .................................................................... 20 20 20 35 35 35

Greenland turbot ............................................................... 20 20 20 35 20 20

Sablefish ........................................................................... 20 20 20 35 20 20

Other rockfish ................................................................... 20 20 20 35 20 20

Other red rockfish-BS ....................................................... 20 20 20 35 20 20

Pacific Ocean perch ......................................................... 20 20 20 35 20 20

Sharpchin/Northern—AI .................................................... 20 20 20 35 20 20

Shortraker/Rougheye—AI ................................................. 20 20 20 35 20 20

Squid ................................................................................. 20 20 20 35 20 20

Other species ................................................................... 20 20 20 35 20 20

Aggregated amount nongroundfish species ..................... 20 20 20 35 20 20

1For definition of species see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.

2 na=not applicable.

TABLE 1 TO § 675.20.—BERING SEA AND ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES

Basis species 1

Bycatch species 1

Rocksole Flathead sole Grld turbot Sablefish

Pollock .............................................................................................................. 20 20 1 1

Pacific cod ........................................................................................................ 20 20 1 1

Atka mackerel ................................................................................................... 20 20 1 1

Arrowtooth ........................................................................................................ 0 0 0 0

Yellowfin sole ................................................................................................... 35 35 1 1

Other flatfish ..................................................................................................... 35 35 1 1

Rocksole ........................................................................................................... 2 na 35 1 1

Flathead sole .................................................................................................... 35 2 na 35 15

Greenland turbot .............................................................................................. 20 20 2 na 15

Sablefish ........................................................................................................... 20 20 35 2 na

Other rockfish ................................................................................................... 20 20 35 15

Other red rockfish—BS .................................................................................... 20 20 35 15

Pacific Ocean perch ......................................................................................... 20 20 35 15

Sharpchin/Northern—AI ................................................................................... 20 20 35 15

Shortraker/Rougheye—AI ................................................................................ 20 20 35 15

Squid ................................................................................................................ 20 20 1 1

Other species ................................................................................................... 20 20 1 1

Aggregated amount non-groundfish species ................................................... 20 20 1 1

1For definition of species see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.

2 na=not applicable.

TABLE 1 TO § 675.20.—BERING SEA AND ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES

Basis species1 Aggregated rockfish2 Squid Other species

Pollock ........................................................................................................................ 5 20 20

Pacific cod .................................................................................................................. 5 20 20

Atka mackerel ............................................................................................................ 5 20 20

Arrowtooth .................................................................................................................. 0 0 0

Yellowfin sole ............................................................................................................. 5 20 20

Other flatfish ............................................................................................................... 5 20 20

Rocksole ..................................................................................................................... 5 20 20

Flathead sole .............................................................................................................. 15 20 20

Greenland turbot ........................................................................................................ 15 20 20

Sablefish ..................................................................................................................... 15 20 20

Other rockfish ............................................................................................................. 15 20 20

Other red rockfish—BS .............................................................................................. 15 20 20

Pacific Ocean perch ................................................................................................... 15 20 20

Sharpchin/Northern—AI ............................................................................................. 15 20 20
20958 Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules

TABLE 1 TO § 675.20.—BERING SEA AND ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES—

Continued

Basis species1 Aggregated rockfish2 Squid Other species

Shortraker/Rougheye—AI .......................................................................................... 15 20 20

Squid .......................................................................................................................... 5 3 na 20

Other species ............................................................................................................. 5 20 3 na

Aggregated amount non-groundfish species ............................................................. 5 20 20

1For definition of species see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.

2Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus.

3 na=not applicable.

7. In § 675.21, paragraphs (c)(1)(i)

through (c)(1)(iii) and (c)(2) introductory

text, and paragraph (d) are revised to

read as follows:

§ 675.21 Prohibited species catch (PSC)

limitations.

* * * * *

(c) * * *

(1) * * *

(i) Zone 1 red king crab or C. bairdi

Tanner crab bycatch allowance. If,

during the fishing year, the Regional

Director determines that U.S. fishing

vessels participating in any of the

fishery categories listed in paragraphs

(b)(1)(iii) (B) through (F) of this section

will catch the Zone 1 bycatch

allowance, or seasonal apportionment

thereof, of red king crab or C. bairdi

Tanner crab specified for that fishery

category under paragraph (b) of this

section, NMFS will publish in the

Federal Register the closure of Zone 1

to directed fishing for each species and/

or species group in that fishery category

for the remainder of the year or for the

remainder of the season, except that

when a bycatch allowance, or seasonal

apportionment thereof, specified for the

pollock/Atka mackerel/‘‘other species’’

fishery category is reached, only

directed fishing for pollock is closed to

trawl vessels using nonpelagic trawl

gear.

(ii) Zone 2 red king crab or C. bairdi

Tanner crab bycatch allowance. If,

during the fishing year, the Regional

Director determines that U.S. fishing

vessels participating in any of the

fishery categories listed in paragraphs

(b)(1)(iii) (B) through (F) of this section

will catch the Zone 2 bycatch

allowance, or seasonal apportionment

thereof, of red king crab or C. bairdi

Tanner crab specified for that fishery

category under paragraph (b) of this

section, NMFS will publish in the

Federal Register the closure of Zone 2

to directed fishing for each species and/

or species group in that fishery category

for the remainder of the year or for the

remainder of the season, except that

when a bycatch allowance, or seasonal

apportionment thereof, specified for the

pollock/Atka mackerel/‘‘other species’’

fishery category is reached, only

directed fishing for pollock is closed to

trawl vessels using nonpelagic trawl

gear.

(iii) Halibut bycatch allowance. If,

during the fishing year the Regional

Director determines that U.S. fishing

vessels participating in any of the trawl

fishery categories listed in paragraphs

(b)(1)(iii) (B) through (F) of this section

in the Bering Sea and Aleutian Islands

management area will catch the halibut

bycatch allowance, or seasonal

apportionment thereof, specified for that

fishery category under paragraph (b) of

this section, NMFS will publish in the

Federal Register the closure of the

entire Bering Sea and Aleutian Islands

management area to directed fishing for

each species and/or species group in

that fishery category for the remainder

of the year or for the remainder of the

season, except that when a bycatch

allowance, or seasonal apportionment

thereof, specified for the pollock/Atka

mackerel/‘‘other species’’ fishery

category is reached, only directed

fishing for pollock is closed to trawl

vessels using nonpelagic trawl gear.

(2) Attainment of a trawl bycatch

allowance for Pacific herring. If, during

the fishing year, the Regional Director

determines that U.S. fishing vessels

participating in any of the fishery

categories listed in paragraphs (b)(1)(iii)

(A) through (F) of this section in the

Bering Sea and Aleutian Islands

management area will catch the herring

bycatch allowance, or seasonal

apportionment thereof, specified for that

fishery category under paragraph (b) of

this section, NMFS will publish in the

Federal Register the closure of the

Herring Savings Area to directed fishing

for each species and/or species group in

that fishery category, except that:

* * * * *

(d) Attainment of a Pacific halibut

nontrawl fishery bycatch allowance. If,

during the fishing year, the Regional

Director determines that U.S. fishing

vessels participating in any of the

nontrawl fishery categories listed in

paragraphs (b)(2)(ii) (A) through (C) of

this section will catch the Pacific

halibut bycatch allowance, or seasonal

apportionment thereof, specified for that

fishery category under paragraph (b) of

this section, NMFS will publish in the

Federal Register the closure of the

entire Bering Sea and Aleutian Islands

management area to directed fishing

with the relevant gear type for each

species and/or species group in that

fishery category.

8. In § 675.22, paragraph (g)

introductory text is revised to read as

follows:

§ 675.22 Time and area closures.

* * * * *

(g) Catcher vessel operational area

(applicable through December 31, 1995).

Processor vessels in the ‘‘offshore

component,’’ defined at § 675.2, may not

catch pollock in excess of the maximum

retainable bycatch amount for pollock

during the second seasonal allowance of

pollock, defined at § 675.20(a)(2)(ii), in

the Bering Sea subarea south of 56°00′

N. lat., and between 163°00′ and 168°00′

W. long.

* * * * *

PART 676—LIMITED ACCESS

MANAGEMENT OF FEDERAL

FISHERIES IN AND OFF OF ALASKA

9. The authority citation for part 676

continues to read as follows:

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

et seq.

10. In § 676.23, paragraph (b) is

revised to read as follows:

§ 676.23 IFQ fishing season.

* * * * *

(b) Directed fishing for sablefish using

fixed gear in any IFQ regulatory area

may be conducted in any fishing year

during the period specified by the

Regional Director through notification

published in the Federal Register. The

Regional Director will take into account

the opening date of the Pacific halibut

season when determining the opening

date for sablefish for the purposes of

reducing bycatch and regulatory
Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules 20959

discards between the two fisheries.

Catches of sablefish by fixed gear during

other periods may be retained up to and

including the maximum retainable

bycatch amount specified at §§ 672.20(g)

and 675.20(h) of this chapter if an

individual is aboard when the catch is

made who has a valid IFQ card and

unused IFQ in the account on which the

card was issued. Catches of sablefish in

excess of the maximum retainable

bycatch amounts and catches made

without IFQ must be treated in the same

manner as prohibited species.

[FR Doc. 95–10502 Filed 4–27–95; 8:45 am]

BILLING CODE 3510–22–W

50 CFR Part 673

[I.D. 042595A]

Scallop Fishery off Alaska; Closure of

Federal Waters to Protect Scallop

Stocks

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability of fishery

management plan; request for

comments.

SUMMARY: The North Pacific Fishery

Management Council (Council) has

requested NMFS to implement a

proposed Fishery Management Plan for

the Scallop Fishery off Alaska (FMP).

The FMP would authorize an interim

closure of Federal waters off Alaska to

fishing for scallops for up to a 1-year

period. The interim closure is necessary

to prevent overfishing of scallop stocks

during the period of time an alternative

fishery management plan is developed

that would allow the controlled harvest

of scallops in Federal waters. This

action is intended to promote the

objective of the proposed FMP to

prevent overfishing of the scallop

resource that could otherwise result

from unregulated fishing for scallops in

Federal waters. Comments are requested

from the public. Copies of the revised

FMP amendments may be obtained from

NMFS (see ADDRESSES).

DATES: Comments on the proposed FMP

must be submitted by June 26, 1995.

ADDRESSES: Comments on the revised

FMP amendments must be submitted to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, 709 West 9th Street, Juneau, AK

99801, or P.O. Box 21668, Juneau, AK

99802, Attention: Lori J. Gravel. Copies

of the proposed amendments and the

Environmental Assessment/Regulatory

Impact Review/Initial Regulatory

Flexibility Analysis (EA/RIR/IRFA) for

the FMP may be obtained from the same

address.

FOR FURTHER INFORMATION CONTACT: Sue

Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION:

The scallop resource off Alaska has

been commercially exploited for almost

30 years. Between 1969 and 1991, about

40 percent of the annual scallop

harvests came from State waters. Since

1991, however, Alaska scallop harvests

increasingly have occurred in Federal

waters. In 1994, only 14 percent of the

1.2 million lbs (544 metric tons (mt))

landed were harvested in State waters,

with the remainder harvested in Federal

waters off Alaska.

The State of Alaska has managed the

scallop fishery in State and Federal

waters, consistent with section 306(a)(3)

of the Magnuson Fishery Conservation

and Management Act (16 U.S.C. 1801 et

seq.)(Magnuson Act), which allows a

state to directly regulate any fishing

vessel outside state waters if the vessel

is registered under the laws of that state.

Until 1995, all vessels participating in

the Alaska scallop fishery were

registered under the laws of the State of

Alaska and the fishery was monitored

and controlled under State jurisdiction.

However, participation in the 1995

scallop fishery by at least one vessel

fishing outside the jurisdiction of the

State, contemplation by other vessel

owners to fish in Federal waters outside

State regulations governing the scallop

fishery, and the likelihood that

uncontrolled fishing for scallops could

occur anywhere off Alaska by the highly

mobile scallop processor fleet now

requires that Federal regulations be

implemented to control scallop fishing

activity by vessels that choose not to

register with the State of Alaska.

To respond to the need for Federal

management of the scallop fishery, the

Council adopted the proposed FMP

under section 303 of the Magnuson Act.

The FMP would specify a long-term

optimum yield for the scallop fishery in

Federal waters off Alaska as a numerical

range of 0–1.1 million lbs (0–499 mt) of

shucked scallop meats. The FMP also

would authorize up to a 1-year closure

of Federal waters to fishing for scallops.

During the period of time Federal waters

are closed to fishing for scallops under

the FMP, the OY would be equal to zero.

The intent of the FMP is to prevent an

unregulated and uncontrolled fishery

for scallops in Federal waters that could

result in overfishing of scallop stocks

during the period of time an alternative

fishery management plan is developed

that would authorize fishing for scallops

in Federal waters under a Federal

management regime.

The Secretary will consider the public

comments received during the comment

period in determining whether to

approve the proposed FMP. The

proposed regulations are scheduled to

be published within 15 days of this

document.

Dated: April 24, 1995.

Richard H. Schaefer,

Director of Office of Fisheries Conservation

and Management, National Marine Fisheries

Service.

[FR Doc. 95–10435 Filed 4–25–95; 8:45 am]

BILLING CODE 3510–22–F