[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Rules and Regulations]
[Pages 62339-62344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29721]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611, 675, 676, and 677

[Docket No. 951128281-5281-01; I.D. 112195D]


Groundfish Fishery of the Bering Sea and Aleutian Islands; 
Limited Access; Foreign Fishing; Interim 1996 Harvest Specifications

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

ACTION: Interim 1996 harvest specifications for groundfish, associated 
management measures, and closures.

-----------------------------------------------------------------------

SUMMARY: NMFS issues interim 1996 total allowable catch (TAC) amounts 
for each category of groundfish, pollock Community Development Quota 
(CDQ) amounts, and specifications for prohibited species bycatch 
allowances for the groundfish fishery of the Bering Sea and Aleutian 
Islands management area (BSAI). NMFS is closing certain fisheries as 
specified in the interim 1996 groundfish specifications. The intended 
effect is to conserve and manage the groundfish resources in the BSAI.

EFFECTIVE DATE: 0001 hours, Alaska local time (A.l.t.), January 1, 
1996, until the effective date of the Final 1996 Initial Harvest 
Specifications for Groundfish, which will be published in the Federal 
Register.

ADDRESSES: The preliminary 1996 Stock Assessment and Fishery Evaluation 
(SAFE) Report, dated September 1995, is available from the North 
Pacific Fishery Management Council, 605 W. 4th Avenue, Suite 306, 
Anchorage, AK 99501-2252, 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Ellen R. Varosi, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The domestic and foreign groundfish fisheries in the exclusive 
economic zone of the BSAI are managed by NMFS according to the Fishery 
Management Plan for Groundfish Fishery of the Bering Sea and Aleutian 
Islands Area (FMP). The FMP was prepared by the North Pacific Fishery 
Management Council (Council) and approved by NMFS under the authority 
of the Magnuson Fishery Conservation and Management Act (Magnuson Act). 
The FMP is implemented by regulations for the foreign fishery at 50 CFR 
part 611 and for the U.S. fisheries at 50 CFR parts 675, 676, and 677. 
General regulations that also pertain to the U.S. fisheries appear at 
50 CFR part 620.
    The Council met September 27 through October 2, 1995, to review 
scientific information concerning groundfish stocks. The Council 
adopted for public review, the preliminary SAFE Report for the 1996 
BSAI groundfish fisheries. The preliminary SAFE Report, dated September 
1995, provides an update on the status of stocks. Copies of the SAFE 
Report are available from the Council (see ADDRESSES). The preliminary 
TAC amounts for each species are based on the best available biological 
and socioeconomic information. The Council recommended preliminary 
total TAC amounts of 2,000,000 metric tons (mt) and preliminary total 
acceptable biological catch (ABC) amounts of 2,929,885 mt for the 1996 
fishing year.
    Under Sec. 675.20(a)(7), NMFS is publishing in the Proposed Rules 
section of this issue of the Federal 

[[Page 62340]]
Register for review and comment proposed initial harvest specifications 
for groundfish and associated management measures in the BSAI for the 
1996 fishing year. The proposed initial specification document contains 
detailed information on the 1996 specification process and provides a 
discussion of the preliminary ABC amounts, proposed establishment of 
the 1996 annual TAC and initial TAC (ITAC) amounts for each target 
species and apportionments thereof among domestic annual processing 
(DAP), joint venture processing (JVP), total allowable level of foreign 
fishing (TALFF), apportionments of each TAC amount, as applicable, 
prohibited species catch (PSC) allowances under Sec. 675.21(b), and 
seasonal allowances of pollock and Pacific cod TAC, as applicable.
    Regulations at Sec. 675.20(a)(7)(i) require that one-fourth of each 
proposed ITAC amount and apportionment thereof, one-fourth of each PSC 
allowance established under Sec. 675.21(b), and the first seasonal 
allowances of pollock TAC and pollock CDQ become effective 0001 hours, 
A.l.t., January 1, on an interim basis and remain in effect until 
superseded by the final harvest specifications, which will be published 
in the Federal Register.
    This action provides interim specifications and apportionments 
thereof for the 1996 fishing year that will become available on January 
1, 1996, on an interim basis. Background information concerning the 
1996 groundfish harvest specification process upon which this interim 
action is based is provided in the proposed initial specifications 
appearing in the Proposed Rules section of this Federal Register issue.
    Species TAC amounts are apportioned initially among DAP, JVP, 
TALFF, and reserves under Secs. 611.93(b)(2) and 675.20(a)(2). DAP 
amounts are intended for harvest by U.S. fishermen for delivery and 
sale to U.S. processors. JVP amounts are intended for joint ventures in 
which U.S. fishermen deliver their catches to foreign processors at 
sea. TALFF amounts are intended for harvest by foreign fishermen. 
Existing harvesting and processing capacity allows the U.S. industry to 
utilize the entire 1996 TAC specified for BSAI groundfish. Therefore, 
the Council recommended that DAP equal TAC for each species category, 
which results in no proposed amounts of TALFF or JVP for the 1996 
fishing year.
    As required by Sec. 675.20(a)(3) and (a)(7)(i), each species' TAC 
amount initially is reduced by 15 percent, except the hook-and-line and 
pot gear allocations for sablefish. The sum of these 15-percent amounts 
is the reserve and may be reapportioned to a target species or the 
``other species'' category during the year, providing that such 
reapportionments do not result in overfishing. One half of the pollock 
TAC placed in the reserve is designated as a CDQ reserve for use by CDQ 
participants. The ITAC amount for each species, except the hook-and-
line and pot gear allocations for sablefish, is the remainder of the 
TAC amount after subtraction of the applicable reserve amount(s). One-
fourth of the preliminary ITAC amount and apportionment thereof for 
each target species will be available on January 1, 1996. However, the 
first seasonal allowances of pollock TAC and pollock CDQ will be 
available on January 1, in lieu of the one-fourth interim allocation.
    Amendment 18 to the FMP and Amendment 23 to the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (GOA) established inshore and 
offshore component allocations of pollock in the BSAI and inshore and 
offshore component allocations of pollock and Pacific cod in the GOA 
during the years 1993 through 1995. Because Amendments 18 and 23 and 
their implementing regulations expire on December 31, 1995, and because 
the Council has yet to complete development of its comprehensive plan 
to address problems caused by the open access nature of the Alaska 
groundfish fisheries, the Council voted unanimously at its June 1995 
meeting to adopt Amendments 38 and 40, which would extend the 
provisions of the expiring amendments through December 31, 1998. On 
September 18, 1995, NMFS published a notice of proposed rulemaking in 
the Federal Register to continue the apportionments between the inshore 
and offshore components through 1998 (60 FR 48087). On November 28, 
1995, NMFS determined that Amendment 38 and Amendment 40 are consistent 
with the national standards, other provisions of the Magnuson Act, and 
other applicable laws. A final rule is to be issued shortly. 
Consequently, these interim specifications specify allocations of 
pollock to inshore and offshore components.

1. Interim 1996 BSAI Groundfish Fishery Specifications

    Table 1 provides interim TAC amounts and apportionments thereof, 
interim TAC allocations of pollock to the inshore and offshore 
components, first seasonal allowances of pollock TAC and pollock CDQ, 
an interim sablefish apportionment to trawl gear, and Pacific cod TAC 
apportionment to gear types. These interim specifications become 
effective at 0001 hours, A.l.t., January 1, 1996.
    Existing regulations at Sec. 675.20(a)(7)(i) do not provide for an 
interim specification for the sablefish CDQ reserve or for sablefish 
managed under the Individual Fishing Quota management plan. As a 
result, fishing for CDQ sablefish and sablefish harvested with fixed 
gear is prohibited until the effective date of the final 1996 BSAI 
groundfish specifications.

 Table 1.--Interim 1996 TAC Amounts of Groundfish for the Bering Sea and
 Aleutian Islands Management Area (BSAI), Bering Sea (BS), and Aleutian 
 Islands (AI).<SUP>1,2First Seasonal Allowances of Pollock Allocations to the
  Inshore and Offshore Components. First Seasonal Allowances of Pollock 
Allocations to the Community Development Quota (CDQ) Program. Allowances
of Sablefish to Trawl (TRW) Gear. Allowances of Pacific Cod to Jig Gear,
                           H/L or Pot, or TRW                           
                      [Amounts are in metric tons]                      
------------------------------------------------------------------------
                                      Area and/or gear      Interim TAC 
         Species/component                  type              and CDQ   
------------------------------------------------------------------------
Pollock:<SUP>3,4,5                                                           
    Inshore.......................  BS..................         167,344
    Offshore......................  BS..................         310,781
    Inshore.......................  AI..................          16,839
    Offshore......................  AI..................          31,272
    Inshore.......................  BogDist.............             298
    Offshore......................  BogDist.............             553

[[Page 62341]]
                                                                        
    CDQ...........................  BS..................          42,188
    CDQ...........................  AI..................           4,245
    CDQ...........................  BogDist.............              75
                                                         ---------------
                                      Total.............         573,595
                                                         ===============
Pacific cod:\6\                                                         
                                    Jig.................           1,063
                                    H/L & Pot...........          23,375
                                    TRW.................          28,688
                                                         ---------------
                                      Total.............          53,126
                                                         ===============
Sablefish:<SUP>7,8                                                           
                                    BS-TRW..............             170
                                    BS-H/L & Pot........               0
                                    AI-TRW..............             117
                                    AI-H/L & Pot........               0
                                                         ---------------
                                      Total.............             287
                                                         ===============
Yellowfin sole....................  BSAI................          40,375
Other flatfish\9\.................  BSAI................           4,152
Squid.............................  BSAI................             213
Arrowtooth flounder...............  BSAI................           2,173
Pacific ocean perch...............  BS..................             393
                                    AI..................           2,231
                                                         ---------------
                                      Total.............           2,624
                                                         ===============
Flathead sole.....................  BSAI................           6,375
Other red rockfish\10\............  BS..................             268
Atka mackerel.....................  Western AI..........           8,823
                                    Central AI..........           2,380
                                    Eastern AI/BS.......           5,797
                                                         ---------------
                                      Total.............          17,000
                                                         ===============
Rock sole.........................  BSAI................          12,750
Greenland turbot..................  BS..................             997
                                    AI..................             491
                                                         ---------------
                                      Total.............           1,488
                                                         ===============
Sharpchin/Northern................  AI..................           1,085
Other rockfish\11\................  BS..................              70
                                    AI..................             147
                                                         ---------------
                                      Total.............             217
                                                         ===============
Shortraker/rougheye...............  AI..................             233
Other species\12\.................  BSAI................           4,250
                                                         ---------------
                                      BSAI Total Interim         720,211
                                     TAC.                               
------------------------------------------------------------------------
(Interim TAC amounts have been rounded.)                                
\1\Amounts apply to the entire Bering Sea and Aleutian Islands          
  management area (BSAI), Bering Sea (BS), or Aleutian Islands (AI), as 
  indicated. With the exception of pollock, and for purposes of these   
  specifications, the BS includes the Bogoslof District (BogDist).      
\2\Zero amounts of groundfish are proposed for Joint Venture Processing 
  and Total Allowable Level of Foreign Fishing and are not shown in this
  table.                                                                
\3\After subtraction of reserves, the ITAC amounts of pollock for each  
  subarea or district are divided into roe and non-roe seasonal         
  allowances. (See Sec. 675.20(a)(7)(i).) For the BS subarea, the roe   
  and non-roe seasonal allowances are 45 and 55 percent of the pollock  
  ITAC amounts, respectively. The AI subarea and the Bogoslof District  
  receive 100 percent of their respective ITAC seasonal allowance during
  the roe-season with the remainder of the respective ITAC seasonal     
  allowance during the non-roe season.                                  
\4\Inshore and offshore component allocations are 35 and 65 percent of  
  the ITAC amounts, respectively. (See Sec. 675.20(a)(2)(iii).)         

[[Page 62342]]
                                                                        
\5\One-half of the pollock TAC (7.5 percent of each TAC) is placed in a 
  reserve for each subarea or district to be assigned to the Community  
  Development Quota (CDQ) program. (See Sec. 675.20(a)(3)(ii).) For the 
  BS subarea, the roe and non-roe seasonal allowances are 45 and 55     
  percent, respectively, of the CDQ pollock reserve. The AI subarea and 
  the Bogoslof District receive 100 percent of their respective CDQ     
  reserve allocations during the roe-season with the remainder of the   
  respective reserve becoming available during the non-roe season.      
\6\The TAC amount for Pacific cod, after subtraction of the reserves, is
  allocated 2 percent to vessels using jig gear, 44 percent to H/L gear,
  and 54 percent to TRW. (See Sec. 675.20(a)(2)(iv).) Pacific cod TAC   
  seasonal apportionments to vessels using H/L or pot gear are not      
  reflected in the interim TAC amounts.                                 
\7\Sablefish gear allocations are as follows: In the BS subarea, TRW    
  gear is allocated 50 percent of TAC, and H/L and pot gear is allocated
  50 percent. In the AI subarea, TRW gear is allocated 25 percent of TAC
  and H/L and pot gear is allocated 75 percent. (See Sec. 675.24(c)(1).)
  Fifteen percent of the sablefish TRW gear allocation is placed in the 
  nonspecific reserve. One-fourth of the ITAC amount for TRW gear is in 
  effect January 1 as an interim TAC amount.                            
\8\The sablefish H/L gear fishery is managed under the Individual       
  Fishing Quota (IFQ) program and subject to regulations contained in   
  subparts B and C of 50 CFR part 676. Annual IFQ amounts are based on  
  the final TAC amount specified for the sablefish H/L gear fishery as  
  contained in the final specifications for groundfish. Twenty percent  
  of the sablefish H/L or pot gear final TAC amount will be reserved for
  use by Community Development Quota (CDQ) participants. (See Sec.      
  676.24(b)) Existing regulations at Sec. 675.20(a)(7)(i) do not provide
  for an interim specification for the CDQ reserve or an interim        
  specification for sablefish managed under the IFQ program. In         
  addition, under Sec. 676.16(c) retention of sablefish caught with     
  fixed gear is prohibited unless the harvest is authorized under a     
  valid IFQ permit and IFQ card. In 1996, IFQ permits and IFQ cards will
  not be valid prior to the effective date of the 1996 final            
  specifications. Thus, fishing for sablefish with fixed gear is not    
  authorized under these interim specifications. See Secs. 676.20 and   
  676.23(b) for guidance on the annual allocation of IFQ and the        
  sablefish fishing season.                                             
\9\``Other flatfish'' includes all flatfish species except for Pacific  
  halibut (a prohibited species), flathead sole, Greenland turbot, rock 
  sole, and yellowfin sole.                                             
\10\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and
  northern.                                                             
\11\``Other rockfish'' includes all Sebastes and Sebastolobus species   
  except for Pacific ocean perch, sharpchin, northern, shortraker, and  
  rougheye.                                                             
\12\``Other species'' includes sculpins, sharks, skates, eulachon,      
  smelts, capelin, and octopus.                                         



2. Interim Allocation of PSC Limits for Crab, Halibut, and Herring

    Under Sec. 675.21(a), annual PSC limits are specified for red king 
crab and Chionoecetes bairdi Tanner crab in applicable Bycatch 
Limitation Zones of the BS subarea, and for Pacific halibut and Pacific 
herring throughout the BSAI. Regulations under Sec. 675.21(b) authorize 
the apportionment of each PSC limit into PSC allowances for specified 
fishery categories.
    Regulations at Sec. 675.20(a)(7)(i) require that one-fourth of each 
proposed PSC allowance be made available on an interim basis for 
harvest at the beginning of the fishing year, until superseded by the 
final harvest specifications. The interim PSC limits are specified in 
Table 2 and are in effect on January 1, 1996, at 0001 hours, A.l.t.

  Table 2.--Interim 1996 Prohibited Species Bycatch Allowances for the  
                    BSAI Trawl and Nontrawl Fisheries                   
------------------------------------------------------------------------
         Trawl fisheries            Zone 1\1\    Zone 2\1\    BSAI-wide 
------------------------------------------------------------------------
Red king crab, number of animals:                                       
    yellowfin sole...............       12,500                          
    rcksol/oth.flat/flathead                                            
     sole\2\.....................       27,500                          
    rockfish.....................            0                          
    turb/arrow/sab\3\............            0                          
    Pacific cod..................        2,500                          
    plck/Atka/othr\4\............        7,500                          
                                  -------------                         
        Total....................       50,000                          
                                  =============                         
C. bairdi Tanner crab, number of                                        
 animals:                                                               
    yellowfin sole...............       56,250      381,250             
    rcksol/oth.flat/flathead sole      118,750      127,500             
    turb/arrow/sabl..............            0        1,250             
    rockfish.....................            0        2,500             
    Pacific cod..................       56,250       65,000             
    plck/Atka/othr...............       18,750      172,500             
                                  --------------------------            
        Total....................      250,000      750,000             
                                  ==========================            
Pacific halibut, mortality (mt):                                        
    yellowfin sole...............  ...........  ...........          198
    rcksol/oth.flat/flathead sole  ...........  ...........          183
    turb/arrow/sabl..............  ...........  ...........            0
    rockfish.....................  ...........  ...........           28
    Pacific cod..................  ...........  ...........          398
    plck/Atka/othr...............  ...........  ...........          139
                                                            ------------
        Total....................  ...........  ...........          946
                                                            ============
Pacific herring, mt:                                                    
    midwater pollock\5\..........  ...........  ...........          336
    yellowfin sole...............  ...........  ...........           79
    rcksol/oth.flat/flathead sole  ...........  ...........            0
    turb/arrow/sabl..............  ...........  ...........            0
    rockfish.....................  ...........  ...........            2
    Pacific cod..................  ...........  ...........            6
    plck/Atka/othr...............  ...........  ...........           42
                                                            ------------

[[Page 62343]]
                                                                        
        Total....................  ...........  ...........          465
                                                            ============
Nontrawl fisheries:                                                     
    Pacific halibut, mortality                                          
     (mt):                                                              
    Pacific cod Hook-and-line....  ...........  ...........          181
    Other nontrawl\6\............  ...........  ...........           44
    Groundfish pot gear..........  ...........  ...........       Exempt
    Groundfish jig gear..........  ...........  ...........       Exempt
    Sablefish hook-and-line......  ...........  ...........       Exempt
                                                            ------------
        Total....................  ...........  ...........          225
------------------------------------------------------------------------
\1\Refer to Sec. 675.2 for definitions of areas.                        
\2\Rock sole and other flatfish fishery category.                       
\3\Greenland turbot, arrowtooth flounder, and sablefish fishery         
  category.                                                             
\4\Pollock, Atka mackerel, and ``other species'' fishery category.      
\5\Pollock other than midwater pollock, Atka mackerel, and ``other      
  species'' fishery category.                                           
\6\Includes hook-and-line sablefish, rockfish, and Greenland turbot.    



3. Closures to Directed Fishing

    Under Sec. 675.20(a)(8), if the Director, Alaska Region, NMFS 
(Regional Director), determines that the amount of a target species or 
``other species'' category apportioned to a fishery or, with respect to 
pollock, to an inshore or offshore component allocation, is likely to 
be reached, the Regional Director may establish a directed fishing 
allowance for that species or species group. If the Regional Director 
establishes a directed fishing allowance, and that allowance is or will 
be reached before the end of the fishing year, NMFS will prohibit 
directed fishing for that species or species group in the specified 
subarea or district. Similarly, under Secs. 675.21(c) and 675.21(d), if 
the Regional Director determines that a fishery category's bycatch 
allowance of halibut, red king crab, or C. bairdi Tanner crab for a 
specified area has been reached, the Regional Director will prohibit 
directed fishing for each species in that category in the specified 
area.
    The Regional Director has determined that the interim TAC amounts 
of pollock in the Bogoslof District, Pacific ocean perch in the Bering 
Sea and Aleutian Island subareas, shortraker/rougheye rockfish in the 
Aleutian Islands subarea, other rockfish in the BSAI, and other red 
rockfish in the Bering Sea will be necessary as incidental catch to 
support other anticipated groundfish fisheries prior to the time that 
final specifications for groundfish are in effect for the 1996 fishing 
year (Table 3). Therefore, NMFS is prohibiting directed fishing for 
these target species and gear types in the specified area identified in 
Table 3 to prevent exceeding the interim amounts of groundfish TACs 
specified in Table 1 of this document.
    An interim Zone 1 red king crab bycatch allowance of zero crab is 
specified for the rockfish trawl fishery, which is defined at 
Sec. 675.21(b)(1)(iii)(D). Similarly, the interim BSAI halibut bycatch 
allowance specified for the Greenland turbot/arrowtooth flounder/
sablefish trawl fishery category, defined at Sec. 675.21(b)(1)(iii)(C), 
is 0 mt. The Regional Director has determined, in accordance with 
Secs. 675.21(c)(1)(i) and 675.21(c)(iii), that the interim red king 
crab bycatch allowance specified for the trawl rockfish fishery in Zone 
1 and the interim halibut bycatch allowance specified for the Greenland 
turbot/arrowtooth flounder/sablefish trawl fishery category has been 
caught. Therefore, NMFS is prohibiting directed fishing for rockfish in 
Zone 1 by vessels using trawl gear, and for Greenland turbot, 
arrowtooth flounder, and sablefish by vessels using trawl gear in the 
BSAI (Table 3).
    The closures listed in Table 3 will be in effect during the period 
that the 1996 interim specifications for groundfish TAC amounts are in 
effect beginning at 0001 hours, A.l.t., January 1, 1996, and will 
remain in effect until superseded by the Final 1996 Initial Harvest 
Specifications for Groundfish. While these closures are in effect, the 
maximum retainable bycatch amounts at Sec. 675.20(h) apply at any time 
during a fishing trip. Additional closures and restrictions may be 
found in existing regulations at 50 CFR part 675.

Table 3.--Closures to Directed Fishing Under 1995 Interim TAC Amounts\1\
------------------------------------------------------------------------
            Fishery (All gear)                     Closed area\2\       
------------------------------------------------------------------------
Pollock in Bogoslof District.............  Statistical Area 518.        
Pacific ocean perch......................  Bering Sea.                  
                                           Eastern AI.\3\               
                                           Central AI.                  
                                           Western AI.                  
Shortraker/rougheye rockfish.............  AI.                          
Other rockfish\4\........................  BSAI.                        
Other red rockfish\5\....................  Bering Sea.                  
Rockfish (trawl only)....................  Zone 1.                      
Greenland turbot/arrowtooth/sablefish      BSAI.                        
 (trawl only).                                                          
------------------------------------------------------------------------
\1\These closures to directed fishing are in addition to closures and   
  prohibitions found in regulations at 50 CFR part 675.                 
\2\Refer to Sec. 675.2 for definitions of areas.                        
\3\``AI'' means Aleutian Islands area.                                  
\4\In the BSAI, ``Other rockfish'' includes Sebastes and Sebastolobus   
  species except for Pacific ocean perch and the ``other red rockfish'' 
  species.                                                              
\5\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and 
  northern.                                                             

    After consideration of public comments on the Proposed 1996 Initial 
Specifications for Groundfish and additional scientific information 
presented at its December 1995 meeting, the Council may recommend other 
closures to directed fishing. NMFS may implement other closures at the 
time the Final 1996 Initial Harvest Specifications are implemented or 
during the 1996 fishing year, as necessary for effective management.

Classification

    This action is authorized under 50 CFR 611.93(b), 675.20, and part 
676 and is exempt from review under E.O. 12866.

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


[[Page 62344]]

    Dated: December 1, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-29721 Filed 12-5-95; 8:45 am]
BILLING CODE 3510-22-P