Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations 27425

plan that includes the additional

information presented in its reply

comments. We recognize that, to some

extent, the plan and details of its

implementation are a work in progress.

Accordingly, we believe the appropriate

course of action is to monitor UTAM’s

implementation of the plan. We are

requiring UTAM to furnish biannual

reports on its progress in implementing

the plan. The first report will be due

July 1, 1995, and every six months

thereafter. The reports should provide

an update on the status of the financial

and band clearing plans, the extent of

incumbent microwave relocation, and

the extent of unlicensed PCS device

deployment. Additionally, the reports

should provide updated projections of

future band clearing and unlicensed

PCS implementation based on the best

and most current data available at the

time the report is prepared. We also are

requiring that the report provide

information on any problems or

difficulties encountered in

implementing the plan and how they

are being resolved.

Ordering Clauses

11. Accordingly, It Is Ordered,

pursuant to sections 4(i), 7(a), 302,

303(c), 303(f), 303(g), and 303(r) of the

Communications Act of 1934, as

amended, U.S.C. Sections 154(i), 157(a),

302, 303(c), 303(f), 303(g), and 303(r),

that UTAM, Inc. is designated to

coordinate and manage the transition of

the 1910–1930 MHz band from the

Private Operational Fixed Microwave

Service to unlicensed PCS operations. It

Is Further Ordered, that UTAM, Inc.,

shall submit to the Commission reports

on its progress in implementing its plan

beginning on July 1, 1995, and every six

months thereafter. It Is Further Ordered,

that Part 15 is amended as shown to

remove the conditions attached to

UTAM’s designation as the coordinator

for unlicensed PCS operations in the

1910–1930 MHz band.

List of Subjects in 47 CFR Part 15

Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Part 15 of Chapter I of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 15—RADIO FREQUENCY

DEVICES

1. The authority citation for part 15

continues to read as follows:

Authority: Secs. 4, 302, 303, 304, and 307

of the Communications Act of 1934, as

amended, 47 U.S.C. Sections 154, 302, 303,

304, and 307.

2. Section 15.307(a) is revised to read

as follows:

§ 15.307 Coordination with fixed

microwave service.

(a) UTAM, Inc., is designated to

coordinate and manage the transition of

the 1910–1930 MHz band from Private

Operational-Fixed Microwave Service

(OFS) operating under part 94 of this

chapter to unlicensed PCS operations.

* * * * *

[FR Doc. 95–12704 Filed 5–23–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 672 and 675

[Docket No. 900833–1095; I.D. 051595I]

Groundfish of the Gulf of Alaska;

Groundfish of the Bering Sea and

Aleutian Islands Area; Bycatch Rate

Standards for the Second Half of 1995

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Pacific halibut and red king crab

bycatch rate standards; request for

comments.

SUMMARY: NMFS announces Pacific

halibut and red king crab bycatch rate

standards for the second half of 1995.

Publication of these bycatch rate

standards is required under regulations

implementing the vessel incentive

program. This action is necessary to

implement the bycatch rate standards

for vessel operators who participate in

the Alaska groundfish trawl fisheries

under the incentive program. The intent

of this action is to reduce prohibited

species bycatch rates and promote

conservation of groundfish and other

fishery resources.

DATES: Effective 12:01 a.m., Alaska local

time (A.l.t.), July 1, 1995, through 12

midnight, A.l.t., December 31, 1995.

Comments on this action must be

received at the following address no

later than 4:30 p.m., A.l.t., June 30,

1995.

ADDRESSES: Comments should be

mailed to Ronald J. Berg, Chief,

Fisheries Management Division, NMFS,

P.O. Box 21668, Juneau, AK 99802–

1668, Attn: Lori Gravel; or be delivered

to 709 West 9th Street, Federal Building,

Room 401, Juneau, AK.

FOR FURTHER INFORMATION CONTACT:

Susan J. Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone of the Bering

Sea and Aleutian Islands management

area (BSAI) and Gulf of Alaska (GOA)

are managed by NMFS according to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutians Islands and the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (FMPs). The FMPs were

prepared by the North Pacific Fishery

Management Council under the

authority of the Magnuson Fishery

Conservation and Management Act. The

FMPs are implemented by regulations

for the U.S. fisheries at 50 CFR parts

672, 675, and 676. General regulations

that also pertain to the U.S. fisheries

appear at 50 CFR part 620. Regulations

that establish observer coverage

requirements are set out at 50 CFR part

677.

Regulations at §§ 672.26 and 675.26

implement a vessel incentive program to

reduce halibut and red king crab

bycatch rates in the groundfish trawl

fisheries. Under the incentive program,

operators of trawl vessels may not

exceed Pacific halibut bycatch rate

standards specified for the BSAI and

GOA midwater pollock and ‘‘other

trawl’’ fisheries, and the BSAI yellowfin

sole and ‘‘bottom pollock’’ fisheries.

Vessel operators also may not exceed

red king crab bycatch standards

specified for the BSAI yellowfin sole

and ‘‘other trawl’’ fisheries in Bycatch

Limitation Zone 1 (defined in § 675.2).

The fisheries included under the

incentive program are defined in

regulations at §§ 672.26(b) and

675.26(b).

Regulations at §§ 672.26(c) and

675.26(c) require that halibut and red

crab bycatch rate standards for each

fishery included under the incentive

program be published in the Federal

Register. The standards are in effect for

specified seasons within the 6-month

periods of January 1 through June 30,

and July 1 through December 31. For

purposes of calculating vessel bycatch

rates under the incentive program, 1995

fishing months were specified in the

Federal Register on January 12, 1995

(60 FR 2905).

Halibut and red king crab bycatch rate

standards for the first half of 1995 also

were published in the Federal Register

on January 12, 1995. As required by

§§ 672.26(c) and 675.26(c), the Director,

Alaska Region, NMFS (Regional

Director), has established the bycatch

rate standards for the second half of

1995 (July 1 through December 31).
27426 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations

These standards are set out in Table 1

and are based on the following

information and considerations:

1. Previous years’ average observed

bycatch rates,

2. Immediately preceding season’s

average observed bycatch rates,

3. The bycatch allowances and

associated fishery closures specified

under §§ 672.20(f) and 675.21,

4. Anticipated groundfish harvests,

5. Anticipated seasonal distribution of

fishing effort for groundfish, and

6. Other information and criteria

deemed relevant by the Regional

Director.

TABLE 1.—BYCATCH RATE STANDARDS

BY FISHERY FOR THE SECOND HALF

OF 1995 FOR PURPOSES OF THE

VESSEL INCENTIVE PROGRAM IN THE

BSAI AND GOA

Fishery

Bycatch

rate

standard

Pacific halibut bycatch rate standards (kilogram of halibut/metric

ton of groundfish catch):

BSAI Midwater pollock ................ 1.0

BSAI Bottom pollock ................... 5.0

BSAI Yellowfin sole ..................... 5.0

BSAI Other trawl ......................... 30.0

GOA Midwater pollock ................ 1.0

GOA Other trawl ......................... 40.0

Zone 1 red king crab bycatch rate

standards (number of crab/metric

ton of groundfish catch):

BSAI yellowfin sole ..................... 2.5

BSAI Other trawl ......................... 2.5

Bycatch Rate Standards for Pacific

Halibut

The halibut bycatch rate standards for

the 1995 trawl fisheries are unchanged

from those implemented in 1994. The

Regional Director based 1995 standards

for the second half of 1995 on

anticipated seasonal fishing effort for

groundfish species and 1992–95 halibut

bycatch rates observed in the trawl

fisheries included under the incentive

program. In determining these bycatch

rate standards, the Regional Director

recognized that directed fishing for

BSAI Pacific cod by vessels using trawl

gear is closed until October 25, 1995 (60

FR 20658, April 27, 1995) and that

directed fishing for yellowfin sole is

closed until August 1, 1995. The

Regional Director also considered the

August 15 opening date of the 1995

BSAI pollock ‘‘B’’ season (§ 675.23(e)).

The halibut bycatch rate standards for

the BSAI yellowfin sole and ‘‘bottom

pollock’’ fisheries are each set at 5

kilogram (kg) halibut/metric ton (mt) of

groundfish. These standards

approximate the average annual rates

observed on trawl vessels participating

in these fisheries since 1992.

The halibut bycatch rate standard for

the BSAI and GOA midwater pollock

fisheries (1 kg halibut/mt of groundfish)

is higher than the bycatch rates

normally experienced by vessels

participating in these fisheries. This

standard is intended to encourage vessel

operators to maintain off-bottom trawl

operations and limit further bycatch of

halibut in the pollock fishery when

halibut prohibited species catch limits

at §§ 672.20(f) and 675.21(c)(1) prohibit

directed fishing for pollock by vessels

using non-pelagic trawl gear.

A bycatch rate standard of 30 kg

halibut/mt of groundfish is established

for the BSAI ‘‘other trawl’’ fishery. This

standard has remained unchanged since

1992. A bycatch rate standard of 40 kg

halibut/mt of groundfish is established

for the GOA ‘‘other trawl’’ fishery,

which is unchanged from 1994.

The bycatch rate standards

recommended for the GOA and BSAI

‘‘other trawl’’ fisheries are intended to

simplify the GOA and BSAI incentive

program by specifying a single bycatch

rate standard for the trawl fisheries that

are not assigned fishery-specific bycatch

rate standards, while maintaining the

objective of the incentive program to

reduce overall halibut bycatch rates.

Observer data collected from the 1994

GOA ‘‘other trawl’’ fishery show average

third and fourth quarter halibut bycatch

rates of 26 and 44 kg halibut/mt of

groundfish, respectively. The first

quarter rate from 1995 was lower, at 15

kg halibut/mt of groundfish, although

the second quarter rate increased to 59

kg halibut/mt of groundfish. Observer

data collected from the 1994 BSAI

‘‘other trawl’’ fishery show third and

fourth quarter halibut bycatch rates of 3

and 4 kg halibut/mt of groundfish,

respectively. The first and second

quarter rates from the 1995 BSAI ‘‘other

trawl’’ fishery were 11 and 14 kg

halibut/mt of groundfish, respectively.

Generally, the average bycatch rates

experienced by vessels participating in

the GOA and BSAI ‘‘other trawl’’

fisheries are lower than the bycatch rate

standards for these fisheries set out in

Table 1. However, the Regional Director

has determined that the halibut bycatch

rate standards for the ‘‘other trawl’’

fisheries will continue to provide an

incentive to vessel operators to avoid

unusually high bycatch rates while

participating in these fisheries and

contribute towards an overall reduction

in halibut bycatch rates experienced in

the Alaska trawl fisheries.

Bycatch Rate Standards for Red King

Crab

The red king crab bycatch rate

standard for the yellowfin sole and

‘‘other trawl’’ fisheries in Zone 1 of the

Bering Sea subarea is 2.5 crab/mt of

groundfish during the second half of

1995. This standard remains unchanged

since 1992.

Fishing for groundfish in Zone 1 is

expected to be limited during the

second half of 1995 because of fishery

closures. Directed fishing for yellowfin

sole in Zone 1 by vessels using trawl

gear is closed for the remainder of 1995,

because the Zone 1 C. bairdi Tanner

crab bycatch allowance specified for

this fishery has been reached (60 FR

17653, April 7, 1995). Directed fishing

in Zone 1 for most groundfish species

included in the ‘‘other trawl’’ fishery

(defined at § 675.26(b)(4)) is closed for

the remainder of 1995 because of

halibut, red king crab, or C. bairdi

Tanner crab bycatch restrictions

(rockfish, Greenland turbot, sablefish,

arrowtooth flounder (60 FR 8479,

February 14, 1995); and Pacific cod (60

FR 15521, March 24, 1995)). Fishing in

Zone 1 for rock sole, flathead sole, and

‘‘other flatfish’’ could occur after July 1

when the remaining portion of the

halibut bycatch mortality limit

apportioned to these fisheries becomes

available. However, the 1995 halibut

and C. bairdi bycatch allowances

specified for these flatfish fisheries (60

FR 8479, February 14, 1995) likely will

limit directed fishing in Zone 1 before

the 1995 red king crab bycatch

allowance specified for these fisheries is

reached. Through late April 1995, the

rock sole, flathead sole, and ‘‘other

flatfish’’ fisheries have taken 85 percent

and 71 percent of the halibut and C.

bairdi bycatch allowances, respectively,

specified for these fisheries for 1995,

whereas only 19 percent of the red king

crab bycatch allowance specified for

these fisheries has been taken.

Given that Zone 1 has been closed to

most fisheries during the second half of

the year since 1992, limited data exist

on which to base a red king crab bycatch

rate standard for the second half of the

year. Since 1992, average quarterly

bycatch rates have ranged from 2.39 red

king crab/mt groundfish to near zero.

Although the red king crab bycatch rate

standard set out in Table 1 is higher

than the highest average quarterly

bycatch rate since 1992, the Regional

Director maintained the 2.5 red king

crab/mt of groundfish bycatch rate

standard to support any exploratory

fishing in Zone 1 by vessel operators

attempting to avoid relatively high

halibut and C. bairdi bycatch rates
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations 27427

typically experienced in other areas of

the BSAI.

The Regional Director has determined

that the bycatch rate standards set out

in Table 1 are appropriately based on

the information and considerations

necessary for such determinations under

§§ 672.26(c) and 675.26(c). These

bycatch rate standards may be revised

and published in the Federal Register

when deemed appropriate by the

Regional Director, pending his

consideration of the information set

forth at §§ 672.26(c)(2)(v) and

675.26(c)(2)(v).

Classification

This action is taken under 50 CFR

672.26 and 675.26 and is exempt from

review under E.O. 12866.

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

Dated: May 17, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–12616 Filed 5–23–95; 8:45 am]

BILLING CODE 3510–22–W