[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8470-8478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3483]




[[Page 8469]]

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Part III





Department of Commerce





_______________________________________________________________________



National Oceanic and Atmospheric Administration



_______________________________________________________________________



50 CFR Part 611, et al.



Limited Access Management of Federal Fisheries In and Off of Alaska; 
Final 1995 Harvest Specifications of Groundfish; Final Rules

Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / 
Rules and Regulations 
[[Page 8470]] 

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611, 672, and 676

[Docket No. 950206041-5041-01; I.D. 112894A]


Groundfish of the Gulf of Alaska; Foreign Fishing; Limited Access 
Management of Federal Fisheries In and Off of Alaska; Final 1995 
Harvest Specifications of Groundfish

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

ACTION: Final 1995 harvest specifications of groundfish and associated 
management measures; closures; request for comments.

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

SUMMARY: NMFS announces final 1995 harvest specifications for Gulf of 
Alaska (GOA) groundfish and associated management measures. This action 
is necessary to establish harvest limits and associated management 
measures for groundfish during the 1995 fishing year. NMFS is also 
closing specified fisheries consistent with the final 1995 groundfish 
specifications. These measures are intended to carry out management 
objectives contained in the Fishery Management Plan for Groundfish of 
the Gulf of Alaska (FMP).

DATES: The final 1995 harvest specifications are effective on February 
8, 1995 through 2400 Alaska local time (A.l.t.), December 31, 1995, or 
until changed by subsequent notification in the Federal Register. The 
closures to directed fishing are effective February 8, 1995 through 
2400 A.l.t., December 31, 1995, or until changed by subsequent 
notification in the Federal Register. Comments are invited on the 
apportionments of reserves on or before February 23, 1995.

ADDRESSES: Comments should be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, National Marine Fisheries Service, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Copies of the 
Environmental Assessment (EA) for 1995 Total Allowable Catch 
Specifications for the Gulf of Alaska, dated February 1995, may be 
obtained from the above address or by calling (907) 586-7229. The Final 
Stock Assessment and Fishery Evaluation Report (SAFE report), dated 
November 1994, is available from the North Pacific Fishery Management 
Council, P.O. Box 103136, Anchorage, AK 99510 or by calling (907) 271-
2809.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, NMFS, (907) 586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS announces for the 1995 fishing year: (1) Total allowable catch 
(TAC) amounts for each groundfish species category in the GOA and 
apportionments thereof among domestic annual processing (DAP), joint 
venture processing (JVP), total allowable level of foreign fishing 
(TALFF), and reserves; (2) apportionments of reserves to DAP; (3) 
assignments of the sablefish TAC to authorized fishing gear users; (4) 
apportionments of pollock TAC among regulatory areas, seasons, and 
between inshore and offshore components; (5) apportionment of Pacific 
cod TAC between inshore and offshore components; (6) ``other species'' 
TAC; (7) prohibited species catch (PSC) limits relevant to fully 
utilized groundfish species; (8) closures to directed fishing; (9) 
Pacific halibut PSC mortality limits; and, (10) seasonal apportionments 
of the halibut PSC limits. A discussion of each of these measures 
follows.
    The process of determining TACs for groundfish species in the GOA 
is established in regulations implementing the FMP, which was prepared 
by the North Pacific Fishery Management Council (Council) under 
authority of the Magnuson Fishery Conservation and Management Act. The 
FMP is implemented by regulations for the foreign fishery at 50 CFR 
part 611 and for the U.S. fishery at 50 CFR parts 672 and 676. General 
regulations that also pertain to U.S. fisheries appear at 50 CFR part 
620.
    Pursuant to Sec. 672.20(a)(2)(ii), the sum of the TACs for all 
species must fall within the combined optimum yield (OY) range of 
116,000-800,000 metric tons (mt) established for these species in 
Sec. 672.20(a)(1). Under Secs. 611.92(c)(1) and 672.20(a)(2)(i), TACs 
are apportioned initially among DAP, JVP, TALFF, and reserves. The 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 typically deliver their catches to foreign 
processors at sea. TALFF amounts are intended for harvest by foreign 
fishermen.
    Regulations at Sec. 672.20(a)(2)(ii) establish initial reserves 
equal to 20 percent of the TACs for pollock, Pacific cod, flatfish 
species categories, and ``other species.'' Reserve amounts are set 
aside for possible reapportionment to DAP and/or JVP if the initial 
apportionments prove inadequate. Reserves that are not reapportioned to 
DAP or JVP may be reapportioned to TALFF according to 
Sec. 672.20(d)(2).
    The Council met from September 28 to October 5, 1994, and developed 
recommendations for proposed 1995 TAC specifications for each species 
category of groundfish on the basis of the best available scientific 
information. The Council also recommended other management measures 
pertaining to the 1995 fishing year. Under Sec. 672.20(c)(1)(ii), 
proposed GOA groundfish specifications and specifications for 
prohibited species bycatch allowances for the groundfish fishery of the 
GOA were published in the Federal Register on December 22, 1994 (59 FR 
65990). Interim amounts of one-fourth the proposed TAC levels were 
published in the Federal Register on December 22, 1994 (59 FR 65975). 
The final 1995 groundfish harvest specifications and prohibited species 
bycatch allowances contained in this action supersede the interim 
specifications.
    The Council met on December 7-11, 1994, to review the best 
available scientific information concerning groundfish stocks, and to 
consider public testimony regarding 1995 groundfish fisheries. 
Scientific information is contained in the November 1994 SAFE report 
for the GOA. The November 1994 SAFE report was prepared and presented 
by the GOA Plan Team to the Council and the Council's Scientific and 
Statistical Committee (SSC) and Advisory Panel (AP) and includes the 
most recent information concerning the status of groundfish stocks 
based on the most recent catch data, survey data, and biomass 
projections using different modeling approaches or assumptions.
    For establishment of the acceptable biological catches (ABCs) and 
TACs, the Council considered information in the SAFE report, 
recommendations from its SSC and AP, as well as public testimony. The 
SSC adopted the ABC recommendations from the Plan Team, which were 
provided in the SAFE report, for all of the groundfish species 
categories, except Pacific ocean perch (POP), Pacific cod, and Atka 
mackerel.
    The Plan Team separated black rockfish from the pelagic shelf 
rockfish and established an ABC for this species. The SSC did not 
believe adequate biological information is available to separate this 
species and did not recommend a separate category. The Council accepted 
the advice of the SSC and this action continues to include black 
rockfish as a part of the pelagic shelf rockfish group. [[Page 8471]] 
    The Plan Team and the SSC recommended removing redbanded rockfish 
(Sebastes babcocki) from the demersal shelf rockfish (DSR) group and 
placing it in the ``other rockfish'' category because the harvest of 
this species as bycatch in other fisheries can result in closure of the 
DSR fishery before other species components may be harvested. 
Furthermore, redbanded rockfish are caught as bycatch in the ``other 
rockfish'' category. The DSR and ``other rockfish'' TAC amounts are 
adjusted in this action to reflect this reclassification of redbanded 
rockfish.
    The Council adopted the SSC's ABC recommendations for each species 
category, except for POP. The Council's recommended ABCs reflect 
harvest amounts that are less than the specified overfishing amounts. 
These amounts are listed in Table 1. The sum of 1995 ABCs for all 
groundfish is 492,780 mt, which is lower than the 1994 ABC total of 
553,050 mt.
    As in 1994, the SSC calculated the ABC for POP by applying a 
fishing mortality rate of F=0.078 adjusted by the ratio of the current 
biomass to target spawning biomass to provide for rebuilding, which 
results in an ABC of 8,230 mt. Because this ABC is equal to the 
overfishing level (OFL), the Plan Team had further reduced this number 
by F<INF>35%/F<INF>30% to provide a buffer between the ABC and OFL, 
which results in an ABC of 6,530 mt. As at the September meeting, the 
SSC did not agree with the latter adjustment and, as it did in 1994, 
recommended that ABC equal OFL. However, the Council adopted the 
recommendation of the Plan Team. The ABC for POP is set at 6,530 mt.

1. Specifications of TAC and Apportionments Thereof Among DAP, JVP, 
TALFF, and Reserves

    The Council recommended TACs equal to ABCs for pollock, Pacific 
cod, sablefish, shortraker/rougheye rockfish, pelagic shelf rockfish, 
DSR, thornyhead rockfish, Atka mackerel, and northern rockfish. The 
Council recommended TACs less than the ABC for shallow-water and deep-
water flatfish, other slope rockfish, rex sole, flathead sole, and 
arrowtooth flounder. The final 1995 ABCs, TACs, and OFLs are shown in 
Table 1. The sum of the TACs for all GOA groundfish is 279,463 mt, 
which is within the OY range specified by the FMP. The sum of the TACs 
is lower than the 1994 TAC sum of 304,595 mt.
    The 1995 POP ABC was approximately double the 1994 ABC level. This 
caused some concern for the Council in establishing a 1995 TAC that was 
significantly higher than the 1994 TAC. Therefore, the Council 
requested staff to prepare an FMP amendment to the POP rebuilding plan 
that would establish an upperbound TAC limit but allow the Council to 
establish TAC below that limit. The current POP rebuilding plan does 
not allow a TAC to be set that differs from that specified in the 
rebuilding plan. However, until the FMP has been amended, NMFS must 
establish a POP TAC consistent with the current POP rebuilding plan, or 
5,630 mt. NMFS recognizes the Council's intent, but is required to 
specify a TAC consistent with the FMP until the FMP is amended to allow 
a more conservative TAC and a more rapid rebuilding schedule.
    The Plan Team's ABC recommendation for Pacific cod (108,000 mt) was 
approximately double the 1994 ABC (50,400 mt). This was due, in part, 
to a change from the length-based stock assessment model to a stock 
synthesis model that used a different recruitment assumption, and that 
had fitted survey selectivity of catch along with natural mortality 
rate. However, the SSC was concerned with the Plan Team recommendation 
because the stock has been declining since 1987 and, with an average 
recruitment rate, the stock is projected to decline under any catch 
rate. The SSC advised using a more conservative F<INF>40% exploitation 
rate. The resulting ABC is 69,200 mt. The AP recommended a TAC equal to 
the SSC's ABC. This level was accepted by the Council. The 1995 TAC for 
Pacific cod is set at 69,200 mt.
    The Council recommended setting the TAC for the various flatfish 
groups equal to the 1994 TAC amounts except for the Central Gulf (CG) 
TAC for arrowtooth flounder. The Council recommended increasing the CG 
TAC for arrowtooth flounder from 20,000 mt to 25,000 mt, to accommodate 
anticipated increased groundfish harvest in this area of the GOA. The 
1995 TAC for various flatfish groups reflect these recommendations.
    The Council approved the AP recommendation of adopting the 1994 TAC 
amounts for flathead sole as the 1995 TAC amounts. In the GOA Eastern 
Regulatory Area, the 1994 TAC amount (3,000 mt) is higher than the 
Council's recommended 1995 ABC (2,740 mt). To maintain consistency with 
the accepted policy of setting TACs lower than or equal to ABC amounts, 
NMFS is establishing a 1995 TAC of 2,740 mt for the Eastern Regulatory 
Area. This number is equal to the 1995 ABC recommended by the Plan Team 
and the SSC and approved by the Council. Adjustment of the flathead 
sole TAC in the Eastern Regulatory Area changes the total 1995 flathead 
sole TAC to 9,740 mt. This revision is also reflected in the 1995 TAC 
for ``other species.'' NMFS establishes a TAC of 13,308 mt for ``other 
species'' which represents 5 percent of the sum of the TACs for the 
other groundfish species categories.
    The Council, after specifying the TACs, recommended 1995 
apportionments of the TACs for each species category among DAP, JVP, 
TALFF, and reserves. Existing harvesting and processing capacity of the 
U.S. industry is capable of utilizing the entire 1995 TAC specification 
for GOA groundfish; therefore, the Council recommended that the DAP 
allowance equal the TAC for each species category. NMFS concurs and no 
TALFF or JVP apportionments for the 1995 fishing year are specified.
    NMFS reviewed the Council's recommendations concerning TAC 
specifications and apportionments. Except as noted, NMFS hereby 
approves the Council's recommendations and specifications under 
Sec. 672.20(c)(1)(ii)(B).
    The 1995 ABCs, TACs, and overfishing levels are shown in Table 1.

   Table 1.--1995 ABCs, TACs, and DAPs of Groundfish (Metric Tons) for the Western/Central (W/C), Western (W),  
 Central (C), and Eastern (E) Regulatory Areas and in the West Yakutat (WYK), Southeast Outside (SEO), and Gulf-
    Wide (GW) Districts of the Gulf of Alaska. Amounts Specified as Joint Venture Processing (JVP) and Total    
Allowable Level of Foreign Fishing (TALFF) Are Proposed To Be Zero and Are Not Shown in This Table. Reserves Are
                                               Apportioned to DAP                                               
----------------------------------------------------------------------------------------------------------------
                          Species                               Area\1\        ABC        TAC=DAP    Overfishing
----------------------------------------------------------------------------------------------------------------
Pollock\2\                                                                                                      
    Shumagin...............................................  (61)               30,380      30,380}             
    Chirikof...............................................  (62)               15,310      15,310}     266,000 
[[Page 8472]]                                                                                                   
                                                                                                                
    Kodiak.................................................  (63)               16,310      16,310}             
        Subtotal...........................................  W/C                62,000       62,000             
                                                             E                   3,360        3,360       14,400
                                                                          --------------------------------------
            Total..........................................  ............       65,360       65,360      280,400
                                                                          ======================================
Pacific cod\3\                                                                                                  
  Inshore..................................................  W             ...........       18,090             
  Offshore.................................................  W             ...........        2,010             
  Inshore..................................................  C             ...........       41,085             
  Offshore.................................................  C             ...........        4,565             
  Inshore..................................................  E             ...........        3,105             
  Offshore.................................................  E             ...........          345             
        Subtotals                                                                                               
                                                             W                  20,100       20,100             
                                                             C                  45,650       45,650             
                                                             E                   3,450        3,450             
                                                                          --------------------------------------
            Total..........................................  ............       69,200       69,200      126,000
                                                                          ======================================
Flatfish\4\ (deep-water)...................................  W                     670          460             
                                                             C                   8,150        7,500             
                                                             E                   5,770        3,120             
                                                                          --------------------------------------
            Total..........................................  ............       14,590       11,080       17,040
                                                                          ======================================
Rex sole\4\................................................  W                   1,350          800             
                                                             C                   7,050        7,050             
                                                             E                   2,810        1,840             
                                                                          --------------------------------------
            Total..........................................  ............       11,210        9,690       13,091
                                                                          ======================================
Flathead sole..............................................  W                   8,880        2,000             
                                                             C                  17,170        5,000             
                                                             E                   2,740        2,740             
                                                                          --------------------------------------
            Total..........................................  ............       28,790        9,740       31,557
                                                                          ======================================
Flatfish\5\ (shallow-water)................................  W                  26,280        4,500             
                                                             C                  23,140       12,950             
                                                             E                   2,850        1,180             
                                                                          --------------------------------------
            Total..........................................  ............       52,270       18,630       60,262
                                                                          ======================================
Arrowtooth flounder........................................  W                  28,400        5,000             
                                                             C                 141,290       25,000             
                                                             E                  28,440        5,000             
                                                                          --------------------------------------
            Total..........................................  ............      198,130       35,000      231,416
                                                                          ======================================
Sablefish\6\...............................................  W                   2,600        2,600             
                                                             C                   8,600        8,600             
                                                             WYK                 4,100        4,100             
                                                             SEO                 6,200        6,200             
                                                                          --------------------------------------
            Total..........................................  ............       21,500       21,500       25,730
                                                                          ======================================
Pacific ocean perch\7\.....................................  W                   1,180        1,014        1,482
                                                             C                   3,130        2,702        3,951
                                                             E                   2,220        1,914        2,799
                                                                          --------------------------------------
            Total..........................................  ............        6,530        5,630        8,232
                                                                          ======================================
Short raker rougheye\8\....................................  W                     170          170             
                                                             C                   1,210        1,210             
                                                             E                     530          530             
                                                                          --------------------------------------
            Total..........................................  ............        1,910        1,910        2,925
                                                                          ======================================
Other rockfish<SUP>91011........................................  W                     180          55              
[[Page 8473]]                                                                                                   
                                                                                                                
                                                             C                   1,170          370             
                                                             E                   5,760        1,810             
                                                                          --------------------------------------
            Total..........................................  ............        7,110        2,235        8,395
                                                                          ======================================
Northern Rockfish\12\......................................  W                     640          640             
                                                             C                   4,610        4,610             
                                                             E                      20           20             
                                                                          --------------------------------------
            Total..........................................  ............        5,270        5,270        9,926
                                                                          ======================================
Pelagic shelf rockfish\13\.................................  W                     910          910             
                                                             C                   3,200        3,200             
                                                             E                   1,080        1,080             
                                                                          --------------------------------------
            Total..........................................  ............        5,190        5,190        8,704
                                                                          ======================================
Demersal shelf rockfish\11\................................  SEO                   580          580        1,044
Thornyhead rockfish........................................  GW                  1,900        1,900        2,660
Atka mackerel..............................................  W             ...........        2,310             
                                                             C             ...........          925             
                                                             E             ...........            5             
            Total..........................................  ............        3,240        3,240       11,700
                                                                          ======================================
Other species\14\..........................................  GW                \15\N/A       13,308             
                                                                          --------------------------------------
            Total\16\......................................  ............      492,780      279,463     839,082 
----------------------------------------------------------------------------------------------------------------
\1\Regulatory areas and districts are defined at Sec. 672.2.                                                    
\2\Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3), 
  each of which is further divided into equal quarterly allowances. In the Eastern Regulatory Area, pollock is  
  not divided into quarterly allowances.                                                                        
\3\Pacific cod is allocated 90 percent to the inshore, and 10 percent to the offshore component. Component      
  allowances are shown in Table 4.                                                                              
\4\``Deep-water flatfish'' means Dover sole and Greenland turbot.                                               
\5\``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or 
  arrowtooth flounder.                                                                                          
\6\Sablefish is allocated to trawl and hook-and-line gears (Table 2).                                           
\7\``Pacific ocean perch'' means Sebastes alutus.                                                               
\8\``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).          
\9\``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope  
  rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means 
  slope rockfish.                                                                                               
\10\``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),  
  S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S.  
  wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani       
  (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus    
  (vermilion), and S. reedi (yellowmouth).                                                                      
\11\``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S.
  maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).   
\12\``Northern rockfish'' means Sebastes polyspinis.                                                            
\13\``Pelagic shelf rockfish'' means Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S.     
  entomelas (widow), and S. flavidus (yellowtail).                                                              
\14\``Other species'' means sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC for
  ``other species'' equals 5 percent of the TACs of target species.                                             
\15\``N/A'' means not applicable.                                                                               
\16\The total ABC is the sum of the ABCs for target species.                                                    

2. Apportionment of Reserves to DAP

    Regulations implementing the FMP require 20 percent of each TAC for 
pollock, Pacific cod, flatfish species, and the ``other species'' 
category be set aside in reserves for possible apportionment at a later 
date (Sec. 672.20(a)(2)(ii)). For the preceding 7 years, including 
1994, NMFS has apportioned all of the reserves to DAP. For 1995, NMFS 
apportions reserves for each species category to DAP, anticipating that 
domestic harvesters and processors will need all the DAP amounts. 
Specifications of DAP shown in Table 1 reflect apportioned reserves. 
Under Sec. 672.20(d)(5)(iv), the public may submit comments on the 
apportionments of reserves. Comments should focus on whether, and the 
extent to which, operators of vessels of the United States will harvest 
reserve or DAP amounts during the remainder of the year and whether, 
and the extent to which, U.S. harvested groundfish can or will be 
processed by U.S. fish processors or received at sea by foreign fishing 
vessels.

3. Assignment of the Sablefish TACs to Authorized Fishing Gear Users

    Under Sec. 672.24(c), sablefish TACs for each of the regulatory 
areas and districts are assigned to hook-and-line and trawl gear. In 
the Western and Central Regulatory Areas, 80 percent of each TAC is 
assigned to hook-and-line gear and 20 percent to trawl gear. In the 
Eastern Regulatory Area, 95 percent of the TAC is assigned to hook-and-
line gear and 5 percent is assigned to trawl gear. The trawl gear 
allocation in the Eastern Regulatory Area may only be 
[[Page 8474]] used as bycatch to support directed fisheries for other 
target species. Sablefish caught in the GOA with gear other than hook-
and-line or trawl gear must be treated as prohibited species and may 
not be retained. Table 2 shows the assignments of the 1995 sablefish 
TACs between hook-and-line and trawl gear.

  Table 2.--1995 Sablefish TAC Specifications in the Gulf of Alaska and 
   Assignments Thereof to Hook-and-Line and Trawl Gear. Values Are in   
                               Metric Tons                              
------------------------------------------------------------------------
                                           Hook-and-line                
      Area/district             TAC            share        Trawl share 
------------------------------------------------------------------------
Western.................           2,600           2,080             520
Central.................           8,600           6,880           1,720
West Yakutat............           4,100           3,895             205
Southeast Outside.......           6,200           5,890             310
    Total...............          21,500          18,745           2,755
------------------------------------------------------------------------

4. Apportionments of Pollock TAC Among Regulatory Areas, Seasons, and 
Between Inshore and Offshore Components

    In the GOA, pollock is apportioned by area, season, and inshore/
offshore components. Regulations at Sec. 672.20(a)(2)(iv) require that 
the TAC for pollock in the combined Western and Central Areas of the 
GOA be apportioned among statistical areas Shumagin (61), Chirikof 
(62), and Kodiak (63) in proportion to known distributions of the 
pollock biomass. This measure was intended to provide spatial 
distribution of the pollock harvest as a sea lion protection measure. 
Each statistical area apportionment is further divided equally among 
the four quarterly reporting periods of the fishing year (Table 3). 
Within any fishing year, any unharvested amount of any quarterly 
allowance of pollock TAC is added in equal proportions to the quarterly 
allowance of following quarters, resulting in a sum for each quarter 
that does not exceed 150 percent of the initial quarterly allowance. 
Similarly, harvests in excess of a quarterly allowance of TAC are 
deducted in equal proportions from the remaining quarterly allowances 
of that fishing year. As defined at Sec. 672.23(f), directed fishing 
for the four quarterly allowances starts on January 1, June 1, July 1, 
and October 1. The Eastern Regulatory Area pollock TAC of 3,360 mt is 
not allocated among smaller areas, or quarters.
    Regulations at Sec. 672.20(a)(2)(v)(A) require that the DAP 
apportionment for pollock in all regulatory areas and all quarterly 
allowances thereof be divided into inshore and offshore components. One 
hundred percent of the pollock DAP in each regulatory area is 
apportioned to the inshore component after subtraction of amounts that 
are determined by the Regional Director to be necessary to support the 
bycatch needs of the offshore component in directed fisheries for other 
groundfish species. At this time, incidental amounts of pollock to be 
caught by the offshore component are unknown, and will be determined 
during the fishing year.

 Table 3.--Distribution of Pollock in the Western and Central Regulatory
    Areas of the Gulf of Alaska (W/C GOA); Biomass Distribution, Area   
 Apportionments, and Quarterly Allowances. ABC for the W/C GOA is 62,000
  Metric Tons (MT). Biomass Distribution Is Based on 1993 Survey Data.  
 TACs Are Equal to ABC. Inshore and Offshore Allocations of Pollock Are 
        Not Shown. ABCs and TACs Are Rounded to the Nearest 10 mt       
------------------------------------------------------------------------
                                                             Quarterly  
    Statistical area     Biomass percent     1995 TAC        allowance  
------------------------------------------------------------------------
Shumagin (61)..........             49            30,380           7,595
Chirikof (62)..........             24.7          15,310           3,826
Kodiak (63)............             26.3          16,310           4,078
    Total..............            100.0          62,000          15,499
------------------------------------------------------------------------

5. Apportionment of Pacific Cod TAC Between Inshore and Offshore 
Components

    Regulations at Sec. 672.20(a)(2)(v)(B) require that the DAP 
apportionment of Pacific cod in all regulatory areas be allocated to 
vessels catching Pacific cod for processing by the inshore and offshore 
components. The inshore component is equal to 90 percent of the Pacific 
cod TAC in each regulatory area. The remaining 10 percent of the TAC 
assigned to the offshore component. Inshore and offshore allocations of 
the 69,200 mt Pacific cod TAC for 1995 are shown in Table 4.

  Table 4.--1995 Allocation (Metric Tons) of Pacific Cod in the Gulf of 
         Alaska; Allocations to Inshore and Offshore Components         
------------------------------------------------------------------------
                                               Component allocation     
     Regulatory area            TAC      -------------------------------
                                           Inshore (90%)  Offshore (10%)
------------------------------------------------------------------------
Western.................          20,100          18,090           2,010
Central.................          45,650          41,085           4,565
[[Page 8475]]                                                           
                                                                        
Eastern.................           3,450           3,105             345
                         -----------------------------------------------
    Total...............          69,200          62,280           6,920
------------------------------------------------------------------------

6. ``Other Species'' TAC

    The FMP specifies that the TAC amount for the ``other species'' 
category is calculated as 5 percent of the 1995 combined TACs for 
target species. This results in a TAC amount of 13,308 mt for 1995.

7. PSC Limits Relevant to Fully Utilized Species

    Under Sec. 672.20(b)(1), if NMFS determines, after consultation 
with the Council, that the TAC for any species or species group will be 
fully utilized in the DAP fishery, a groundfish PSC limit applicable to 
the JVP fisheries may be specified for that species or species group.
    The Council recommended that DAP equal TAC for each species 
category. NMFS concurs with the Council's recommendation, and has not 
established any JVP amounts; therefore, no groundfish PSC limits under 
Sec. 672.20(b)(1) are necessary.

8. Closures to Directed Fishing

    The interim 1995 initial specifications of groundfish, associated 
management measures, and closures for the GOA (59 FR 659575, December 
22, 1994) contained several closures to directed fishing for groundfish 
during 1995. The closures for the final specifications are listed in 
Table 5.
    Under Sec. 672.20(c)(2)(ii), the Director, Alaska Region, NMFS 
(Regional Director), determined that the entire TACs or allocations of 
TAC of some groundfish species and species groups will be needed as 
incidental catch to support other anticipated groundfish fisheries 
during 1995. The Regional Director is establishing directed fishing 
allowances of zero mt and prohibiting directed fishing for the 
remainder of the year for the fisheries listed in Table 5. Directed 
fishing standards for the aforementioned closures may be found at 
Sec. 672.20(g).

 Table 5.--Closures to Directed Fishing for Total Allowable Catches Implemented by This Action.\1\ Offshore=the 
Offshore Component; TRW=Trawl; ALL=All Gears; WG=Western Regulatory Area; CG=Central Regulatory Area; EG=Eastern
                                   Regulatory Area; GOA=Entire Gulf of Alaska                                   
----------------------------------------------------------------------------------------------------------------
                          Fishery                               Component           Gear          Closed areas  
----------------------------------------------------------------------------------------------------------------
Atka mackerel.............................................  ................  ALL               GOA             
Northern rockfish.........................................  ................  ALL               WG, EG          
Deep-water flatfish.......................................  ................  ALL               WG              
Other rockfish\2\.........................................  ................  ALL               WG, CG          
Pacific cod...............................................  Offshore          ALL               EG              
Pacific ocean perch.......................................  ................  ALL               WG, CG          
Rex sole..................................................  ................  ALL               WG              
Sablefish.................................................  ................  TRW               WG, CG          
Shortraker/rougheye rockfish..............................  ................  ALL               GOA             
Thornyhead rockfish.......................................  ................  ALL               GOA             
----------------------------------------------------------------------------------------------------------------
\1\These closures to directed fishing are in addition to closures and prohibitions found in regulations at 50   
  CFR part 672.                                                                                                 
\2\``Other rockfish'' includes slope and demersal shelf rockfish in the WG and CG.                              

    In addition to the above closures, NMFS closed statistical areas 62 
and 63 to directed fishing for pollock effective noon, A.l.t., January 
24, 1995 (60 FR 5337, January 27, 1995; 60 FR 5338, January 27, 1995), 
under authority of the interim 1995 specifications. In accordance with 
Sec. 672.20(c)(2)(ii), the closure for Statistical Area 63 will remain 
in effect until noon, A.l.t., April 1, 1995, or until changed by 
subsequent notification in the Federal Register. The Director, Alaska 
Region, NMFS, determined that the remaining quarterly allowance of 
pollock TAC in Statistical Area 62 is sufficient to allow a 48-hour 
directed fishery. In a separate notification in the Federal Register, 
NMFS is reopening directed fishing for pollock in Statistical Area 62 
from 12 noon, A.l.t., February 8, 1995 until 12 noon, A.l.t., February 
10, 1995. Effective 12 noon, A.l.t., February 10, 1995, the closure to 
directed fishing for pollock in Statistical Area 62 is reinstated. In 
accordance with Sec. 672.20(c)(2)(ii), the closure for Statistical Area 
62 will remain in effect until 12 noon, A.l.t., April 1, 1995, or until 
changed by subsequent notification in the Federal Register. Directed 
fishing standards for applicable gear types may be found in the 
regulations at Sec. 672.20(g). Pursuant to Sec. 672.23(f), directed 
fishing for pollock is prohibited after the first quarter ends on noon, 
April 1, 1995, until the second quarter directed fishery opens at 12 
noon, A.l.t., June 1, 1995.

9. Halibut PSC (PSC) Mortality Limits

    Under Sec. 672.20(f)(2), annual Pacific halibut PSC limits are 
established and apportioned to trawl and hook-and-line gear and are 
established for pot gear. The Council recommended that NMFS initiate 
rulemaking to exempt the hook-and-line sablefish fishery from the 
halibut PSC limit. The sablefish and halibut Individual Fishing Quota 
(IFQ) program will be implemented in 1995, and will allow legal-sized 
halibut to be retained in the sablefish fishery. A proposed rule to 
implement the Council's recommendation was published in the Federal 
Register on December 29, 1994 (59 FR 67268). If made final, this would 
also specify a reduced halibut PSC limit for the 1995 [[Page 8476]] GOA 
hook-and-line gear fisheries other than sablefish.
    At its December 1994 meeting, the Council recommended a hook-and-
line PSC limit of 300 mt, based on the proposed exemption of the hook-
and-line sablefish fishery. Until the regulatory amendment to authorize 
the exemption of hook-and-line sablefish is approved, NMFS is 
specifying the PSC limits of 750 mt for hook-and-line and 2,000 mt for 
trawl gear. The hook-and-line halibut PSC limit is further apportioned 
between the DSR fishery (10 mt halibut mortality) and all other hook-
and-line fisheries (740 mt). The final rule to exempt hook-and-line 
sablefish, if approved, would establish the hook-and-line PSC limit at 
300 mt, as recommended by the Council.
    Regulations at Sec. 672.20(f)(1)(i) authorize separate 
apportionments of the trawl halibut bycatch mortality limit between 
trawl fisheries for deep-water and shallow-water species. These 
apportionments are divided seasonally to avoid seasonally high halibut 
bycatch rates.
    As in the proposed specifications, the Council recommended that pot 
gear be exempt from Pacific halibut PSC limits for the 1995 fishing 
year. The Council proposed this exemption after considering that the 
1994 groundfish catch and associated halibut bycatch mortality (4 mt), 
which continues to be low relative to other groundfish operations. NMFS 
concurs with the Council's recommendation.
    In making its determinations with respect to halibut PSC mortality 
limits, NMFS considered information presented in the 1994 SAFE report; 
in addition, information from Alaska Department of Fish and Game, the 
International Pacific Halibut Commission (IPHC) and public testimony 
also were considered. The proposed 1995 specifications discuss: (1) 
Estimated halibut bycatch in prior years; (2) current estimates of 
halibut biomass and stock condition; (3) potential impacts of expected 
fishing for groundfish on halibut stocks and U.S. halibut fisheries; 
and (4) methods available for, and costs of, reducing halibut bycatches 
in groundfish fisheries. That discussion is not repeated here. The 
following information was also considered:
A. Expected Changes in Groundfish Stocks
    At its December 1994 meeting, the Council adopted lower ABCs for 
pollock, deep-water flatfish, rex sole, flathead sole, sablefish, 
pelagic shelf rockfish, DSR, Atka mackerel, arrowtooth flounder, 
shortraker/rougheye, ``other'' rockfish, and northern rockfish, than 
those established for 1994. The Council adopted higher ABCs for Pacific 
cod, shallow-water flatfish, POP, and thornyhead rockfish than those 
established for 1994. More information on these changes is included in 
the Final SAFE Report dated November 1994 and in the Council and SSC 
minutes.
B. Expected Changes in Groundfish Catch
    The total of the 1995 TACs for the GOA is 279,463 mt, a slight 
decrease from the 1994 TAC total of 304,595 mt. At its December 1994 
meeting, the Council changed the 1995 TACs for some fisheries from the 
1994 TACs. Those fisheries for which the 1995 TACs are lower than in 
1994 are pollock (decreased to 65,360 mt from 109,300 mt), rex sole 
(decreased to 9,690 mt from 10,140), flathead sole (decreased to 9,740 
mt from 10,000 mt), sablefish (decreased to 21,500 mt from 25,500 mt), 
shortraker/rougheye (decreased to 1,910 mt from 1,960 mt), northern 
rockfish (decreased to 5,270 from 5,760 mt), pelagic shelf rockfish 
(decreased to 5,190 mt from 6,890 mt), DSR (decreased to 580 mt from 
960 mt), and Atka mackerel (decreased to 3,240 mt from 3,505 mt). Those 
species for which the 1995 TAC is higher than in 1994 are Pacific cod 
(increased to 69,200 mt from 50,400 mt), arrowtooth flounder (increased 
to 35,000 mt from 30,000 mt), POP (increased to 5,630 mt from 2,550 
mt), and thornyhead rockfish (increased to 1,900 mt from 1,180 mt).

10. Seasonal Allocations of the Halibut PSC Limits

    Under Sec. 672.20(f)(1)(iii), NMFS seasonally allocates the halibut 
PSC limits based on recommendations from the Council. The FMP requires 
that certain information be considered by the Council in recommending 
seasonal allocations of halibut. The publication of the final 1994 
groundfish and PSC specifications (59 FR 7647, February 16, 1994) 
summarizes Council findings with respect to each of the FMP 
considerations. At this time, the Council's findings are unchanged from 
those set forth for 1994. Pacific halibut PSC limits, and 
apportionments thereof, are presented in Table 6. Regulations specify 
that any overages or shortfalls in a seasonal apportionment of a PSC 
limit will be deducted from or added to the next respective seasonal 
apportionment within the 1995 season.
    As noted above, the Council requested a change in the hook-and-line 
PSC limit for 1995, which would be established in a separate rulemaking 
exempting the hook-and-line sablefish from the PSC limit. Until that 
final rule becomes effective, NMFS is establishing the same allowances 
for 1995 as were used in 1994.

 Table 6.--Final 1995 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC Limit 
 for Hook-and-Line Gear Is Allocated to the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than DSR. 
                                            Values Are in Metric Tons                                           
----------------------------------------------------------------------------------------------------------------
             Trawl gear                                           Hook-and-line gear                            
----------------------------------------------------------------------------------------------------------------
                                                 Other than DSR                              DSR                
        Dates             Amount     ---------------------------------------------------------------------------
                                              Dates             Amount              Dates             Amount    
----------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31........        600(30%)  Jan 1-May 17........        200(27%)  Jan 1-Dec 31........        10(100%)
Apr 1-June 30.......        400(20%)  May 18-Aug 31.......        500(68%)                                      
Jul 1-Sep 30........        600(30%)  Sep 1-Dec 31........          40(5%)                                      
Oct 1-Dec 31........        400(20%)                                                                            
    Total...........     2,000(100%)  ....................       740(100%)  ....................        10(100%)
----------------------------------------------------------------------------------------------------------------

    Regulations at Sec. 672.20(f)(1)(i) authorize apportionments of the 
trawl halibut PSC limit allowance as bycatch allowances to a deep-water 
species complex and a shallow-water species complex. The deep-water 
species [[Page 8477]] complex consists of sablefish, rockfish, deep-
water flatfish, and arrowtooth flounder. The shallow-water species 
complex consists of pollock, Pacific cod, shallow-water flatfish, 
flathead sole, Atka mackerel, and ``other species.'' The apportionment 
for these two complexes is presented in Table 7.

 Table 7.--Final 1995 Apportionment of Pacific Halibut PSC Trawl Limits 
  Between the Deep-water Species Complex and the Shallow-water Species  
                   Complex. Values Are in Metric Tons                   
------------------------------------------------------------------------
         Season            Shallow-water    Deep-water         Total    
------------------------------------------------------------------------
Jan. 20-Mar. 31.........             500             100             600
Apr. 1-Jun. 30..........             100             300             400
Jul. 1-Sep. 30..........             200             400             600
Oct. 1-Dec. 31..........                                                
(2) No apportionment                                                    
 between shallow and                                                    
 deep for the 4th                                                       
 quarter.                                                               
------------------------------------------------------------------------

    Except as noted below, the Council proposed that revised halibut 
discard mortality rates recommended by the IPHC be adopted for purposes 
of monitoring halibut bycatch mortality limits established for the 1995 
groundfish fisheries. These assumed halibut mortality rates are based 
on an average of mortality rates determined from NMFS-observer data 
collected during 1992 and 1993, except for the GOA hook-and-line 
rockfish, for which 1992/93 rates were not available and the rates from 
1990 and 1991 were used. For most fisheries, the 1992-93 averages, on 
which the 1995 mortality rates are based, are somewhat higher than the 
assumed rate used in 1994. This occurs because the rates used in 1994 
were a rollover of the 1993 rates, which had been derived from data for 
1990 and 1991.
    The Council recommended establishing two separate mortality rates 
for the GOA bottom trawl pollock fishery: 63 percent for shoreside 
processors and 74 percent for at-sea processors. The different rates 
for at-sea and shoreside processors result from analyses by the IPHC 
that showed that at-sea processing vessels had a significantly higher 
discard mortality rate than the shorebased operators. The rates for the 
bottom trawl pollock fishery are revised from the proposed 
specifications. The rates recommended by the Council are adopted and 
will be used in calculating halibut mortality. However, NMFS notes that 
directed fishing for GOA pollock by the offshore component is 
prohibited under Sec. 672.20(a)(2)(v) and that at-sea processing of 
pollock would be unlikely.
    The Council proposed adjusting the IPHC's recommendation for GOA 
Pacific cod hook-and-line and trawl mortality rates. The IPHC 
recommended assumed mortality rates of 20 percent and 58 percent, 
respectively. The Council recommended setting the Pacific cod hook-and-
line halibut mortality rate at 12.5 percent and the trawl rate at 55 
percent. NMFS has evaluated the Council's recommendation but adopts 
mortality rates suggested by the IPHC for 1995, which is the best 
information available on assumed mortality rates.
    The IPHC determined that the careful release measures implemented 
for vessels using hook-and-line gear did not show appreciable 
improvements in mortality rates and has recommended one rate for both 
observed and unobserved vessels in the hook-and-line fisheries. This 
action was approved by the Council and is adopted by NMFS. The halibut 
mortality rates are listed in Table 8.

   Table 8.--1995 Assumed Pacific Halibut Mortality Rates for Vessels   
   Fishing in the Gulf of Alaska. Table Values Are Percent of Halibut   
                       Bycatch Assumed To Be Dead                       
                                                                        
                                                                        
                       Gear and Target                                  
                                                                        
Hook-and-Line:                                                          
  Sablefish.................................................          25
  Pacific cod...............................................          20
  Rockfish..................................................          18
Trawl:                                                                  
  Midwater pollock..........................................          66
  Rockfish..................................................          66
  Shallow-water flatfish....................................          64
  Pacific cod...............................................          58
  Deep-water flatfish.......................................          59
Bottom pollock:                                                         
  Shoreside.................................................          63
  At-sea....................................................          74
Pot:                                                                    
  Pacific cod...............................................          18

Opening Date of the Directed Fishery for Sablefish for Hook-and-
Line Gear

    Under new regulations implementing the IFQ program (50 CFR part 
676) in 1995, the opening of the sablefish fishery is March 1.

Comments

    Written comments on the proposed 1994 specifications and other 
management measures were requested until January 20, 1995 (59 FR 65990; 
December 22, 1994). No written comments were received.

Classification

    This action is authorized under 50 CFR 611.92 and 672.20; and is 
exempt from review under E.O. 12866. [[Page 8478]] 
    This action apportions reserves to DAP fisheries on a date other 
than those specified in Sec. 672.20(d)(1)(ii). Under 5 U.S.C. 
553(b)(B), the Assistant Administrator for Fisheries, NOAA (Assistant 
Administrator), for the reasons set forth below, finds good cause to 
waive prior notice and opportunity for public comment provided by the 
regulations. This waiver is necessary to allow the harvest of TAC and 
prevent unnecessary closure of the fishery. Closure of the fishery 
would be contrary to the public interest. In accordance with 
Sec. 672.20(d)(5)(iv), comments are invited on the reserve 
apportionments as noted in ``DATES'' above.
    This action adopts final 1995 harvest specifications for the GOA, 
revises associated management measures, and closes specified fisheries. 
Generally, this action does not significantly revise management 
measures in a manner that would require time to plan or prepare for 
those revisions. In some cases, such as closures, action must be taken 
immediately to conserve fishery resources. Without these closures, 
specified TAC amounts will be overharvested and retention of these 
species will become prohibited, which would disadvantage fishermen who 
could no longer retain bycatch amounts of these species. The immediate 
effectiveness of this action is required to provide consistent 
management and conservation of fishery resources. Accordingly, the 
Assistant Administrator finds there is good cause to waive the 30-day 
delayed effectiveness period under 5 U.S.C. 553(d)(3) with respect to 
such provisions and to the apportionment discussed above. In some 
cases, the interim specifications in effect would be insufficient to 
allow directed fisheries to operate during a 30-day delayed 
effectiveness period, which would result in unnecessary closures and 
disruption within the fishing industry; in many of these cases, the 
final specifications will allow the fisheries to continue, thus 
relieving a restriction. Provisions of a rule relieving a restriction 
under 5 U.S.C. 553(d)(1) are not subject to a delay in effective date.
    NMFS has determined that the GOA groundfish fisheries are not 
likely to affect Steller sea lions in a way or to an extent not already 
considered in previous Section 7 consultations on this fishery. NMFS 
has determined that reinitiation of formal consultation under this ESA 
is not required.
    NMFS prepared an environmental assessment (EA) on the 1995 TAC 
specifications. The Assistant Administrator concluded that no 
significant impact on the environment will result from their 
implementation. A copy of the EA is available (see addresses).

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

    Dated: February 7, 1995.

Richard H. Schaefer,

Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

[FR Doc. 95-3483 Filed 2-8-95; 4:37 pm]

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