8960 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

incorporated into the assessment itself,

those results were factored into the

quota recommendation made by the

Council and ASMFC. However, despite

some localized improvements, the stock

as a whole continues to decline.

Therefore, NMFS does not agree that the

commercial quota should be increased

in 1995 above the level specified herein.

Furthermore, NMFS believes that

continued stock decline will result in

more serious and comprehensive

adverse economic consequences than

the reduction in the quota from 1994

levels to 1995 levels.

Comment: One industry group

reminds NMFS that the recent court

decision holds that the requirement to

use the best scientific information

available is best met by utilizing the

stock projection based on the mean

estimate of recruitment and the number

of age-1 fish.

Response: NMFS interprets this

comment to mean that the proposed

quota level is appropriate because it is

based on the stock projection that

assumed mean recruitment and number

of age-1 fish.

Comment: Several commenters

express support for a change from the

current minimum mesh size of 5.5-inch

(14 cm) diamond, 6-inch (15.2 cm)

square. They support a minimum mesh

size of 5-inch (12.7 cm) diamond or 5.5-

inch (14.0 cm) square mesh, because

they believe that 50 percent of 13-inch

(33-cm) fish escape from nets under the

current requirement.

Response: NMFS data show that more

than 50 percent of the 13-inch (33-cm)

fish will escape. However, it is the

intent of the Council that both the

commercial and recreational fisheries

should target fish greater than or equal

to 14 inches (35.5 cm) in length. This is

the required, minimum size in the

recreational fishery. The Council

established a minimum size of 13 inches

(33 cm) in the commercial fishery to

allow fish of that size to be kept in order

to minimize the discard mortality in the

fishery. The minimum-mesh size

selected is intended to result in a catch

primarily composed of fish of 14 inches

(35.5 cm) or more in size.

Classification

This action is authorized by 50 CFR

part 625.

These final specifications are exempt

from review under E.O. 12866.

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

Dated: February 10, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–3815 Filed 2–10–95; 4:06 pm]

BILLING CODE 3510–22–P

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

021095A]

Groundfish of the Bering Sea and

Aleutian Islands Area; Atka Mackerel in

the Eastern Aleutian District and

Bering Sea; Prohibit Retention of Atka

Mackerel

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting the

retention for Atka mackerel in the

Eastern Aleutian District and the Bering

Sea subarea of the Bering Sea and

Aleutian Islands management area

(BSAI). NMFS is requiring that catches

of Atka mackerel in these areas be

treated in the same manner as

prohibited species and discarded at sea

with a minimum of injury. This action

is necessary because the Atka mackerel

total allowable catch (TAC) in the

Eastern Aleutian District and the Bering

Sea subarea in the BSAI has been

reached.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), February 10, 1995, until 12

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

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

In accordance with § 675.20(a)(7)(ii),

the TAC for Atka mackerel in the

Eastern Aleutian District and the Bering

Sea subarea was established by the final

groundfish specifications published

February 14, 1995, as 11,475 metric tons

(mt).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.20(a)(9), that the Atka mackerel

TAC in the Eastern Aleutian District and

Bering Sea subarea has been reached.

Therefore, NMFS is requiring that

further catches of Atka mackerel in the

Eastern Aleutian District and the Bering

Sea subarea be treated as prohibited

species in accordance with

§ 675.20(c)(3), and is prohibiting their

retention effective from 12 noon, A.l.t.,

February 10, 1995, until 12 midnight,

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

Classification

This action is taken under § 675.20

and is exempt from review under E.O.

12866.

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

Dated: February 10, 1995.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 95–3814 Filed 2–10–95; 4:06 pm]

BILLING CODE 3510–22–F