8478 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations

This action apportions reserves to

DAP fisheries on a date other than those

specified in § 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 § 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]

BILLING CODE 3510–22–P

50 CFR Part 672

[Docket No. 950206041–5041–01; I.D.

020695D]

Groundfish of the Gulf of Alaska; Daily

Reporting Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of change in

recordkeeping and reporting

requirements.

SUMMARY: NMFS has determined that

Daily Production Reports (DPRs) must

be submitted by offshore component

processor vessels that catch and/or

receive Pacific cod in Statistical Areas

61, 62, and 63 in the Gulf of Alaska

(GOA). This action is necessary to

prevent exceeding that portion of the

total allowable catch (TAC) of Pacific

cod allocated to vessels catching Pacific

cod for processing by the offshore

component in those areas. This action

will enable NMFS to effectively monitor

the Pacific cod catch and take inseason

action to close the fishery prior to its

exceeding the TAC.

EFFECTIVE DATE: From noon, Alaska local

time (A.l.t.), February 8, 1995, through

the duration of the 1995 directed

offshore Pacific cod fishery in these

areas or until the Director, Alaska

Region, NMFS (Regional Director)

determines the supplementary reporting

requirements are no longer necessary.

This determination will be published in

the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (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 672.

Pursuant to § 672.5(c)(3)(i) the

Regional Director is requiring offshore

component processor vessels, as defined

at § 672.2, that catch and/or receive

Pacific cod in Statistical Areas 61, 62,

and 63 in the GOA to submit DPRs in

addition to weekly processor reports.

DPRs must include the information

required by § 675.2(c)(3)(ii).

These requirements are necessary to

manage the offshore component Pacific

cod fisheries in those areas. The

Regional Director is doing so in

consideration of the potential for

exceeding that portion of the total

allowable catch (TAC) of Pacific cod

allocated to vessels catching Pacific cod

for processing by the offshore

component in those areas.

The allocation of the TACs for Pacific

cod to vessels catching Pacific cod for

processing by the offshore component

under § 672.20(a)(2)(v)(B) will become

available for directed fishing by offshore

component vessels with the filing of the

final specifications of groundfish for the

GOA and are expected to be rapidly

harvested.

DPRs must include all information

required by § 672.5(c)(3)(ii) for

groundfish harvested from the

applicable reporting areas. Processors

must submit the required information

on the ‘‘Alaska Groundfish Processor

Daily Production Report’’ form that was

distributed to participants in the

groundfish fishery with their 1995

Federal fisheries permit. The form also

may be obtained from the Regional

Director by calling Mary Furuness at

907–586–7228. Processors must

transmit their completed DPRs to the

Regional Director by facsimile

transmission to number 907–586-7131,

telex (U.S. code) plus 62296000, or by

telephone via number 907–586-7228, no

later than 12 hours after the end of the

day the groundfish was processed.

If and when the Regional Director

determines that these reports are no

longer necessary, he may rescind the

requirement. Criteria used to assess the

need for the reports include the stability

of effort and harvest rates in the fishery,

and remaining amounts.

The Assistant Administrator for

Fisheries, NOAA, finds that reasons

justifying implementation of this action

also make it impracticable and contrary

to the public interest to provide notice

and opportunity for prior comment or to

delay for 30 days its effective date.

Intense fishing effort without DPRs
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations 8479

could result in industry’s exceeding

these allocations.

Classification

This action is taken under 50 CFR

672.20 and is exempt from review under

E.O. 12866.

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

Dated: February 7, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–3484 Filed 2–8–95; 4:37 pm]

BILLING CODE 3510–22–F

50 CFR Parts 611, 675, and 676

[Docket No. 950206040–5040–01; I.D.

111494A]

Groundfish Fishery of the Bering Sea

and Aleutian Islands; 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 specifications of

groundfish and associated management

measures; final rule; technical

amendment; closures.

SUMMARY: NMFS announces final 1995

harvest specifications of total allowable

catches (TACs), initial apportionments

of TACs for each category of groundfish,

and associated management measures in

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to establish harvest limits and

associated management measures for

groundfish during the 1995 fishing year.

In addition, this action implements a

technical amendment to update a

directed fishery standard and the

definition of a fishery category to reflect

a change in a BSAI TAC category that

resulted from the annual specification

process. The technical amendment is

necessary to incorporate a change in a

groundfish TAC category to

accommodate other regulations that

limit bycatch amounts of prohibited

species or groundfish species closed to

directed fishing. NMFS also is closing

specified fisheries consistent with the

final 1995 groundfish specifications and

fishery bycatch allowances of prohibited

species. These measures are intended to

conserve and manage the groundfish

resources in the BSAI.

EFFECTIVE DATE: The final 1995 harvest

specifications are effective on February

8, 1995, through 2400 Alaska local time

(A.l.t.) on December 31, 1995, or until

changed by subsequent notification in

the Federal Register. The closures to

directed fishing are effective on

February 8, 1995, through 2400 A.l.t.,

December 31, 1995. The amendments to

§§ 675.20 and 675.21 are effective on

February 8, 1995.

ADDRESSES: Comments on directed

fishing closures should be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

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

99802–1668 (Attn: Lori Gravel). The

final Environmental Assessment

prepared for the 1995 Total Allowable

Catch Specifications may be obtained

from the same address, or by calling

907–586–7229. The final Stock

Assessment and Fishery Evaluation

(SAFE) report is available from the

North Pacific Fishery Management

Council, P.O. Box 103136, Anchorage,

AK 99510 (907–271–2809).

FOR FURTHER INFORMATION CONTACT:

Ellen R. Varosi, NMFS, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

Groundfish fisheries in the BSAI are

governed by Federal regulations at 50

CFR part 675 that implement the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Island area (FMP). Other

applicable regulations are found at 50

CFR 611.93 (foreign fishing) and 50 CFR

part 676 (Limited Access Management

of Federal Fisheries In and Off of

Alaska). The FMP was prepared by the

North Pacific Fishery Management

Council (Council) and approved by

NMFS under the Magnuson Fishery

Conservation and Management Act.

The FMP and implementing

regulations require NMFS, after

consultation with the Council, to

specify annually the apportionments of

prohibited species catch (PSC) limits

among fisheries and seasons

(§ 675.21(b)), the TAC, initial TAC

(ITAC), initial domestic annual harvest

(DAH), and initial total allowable level

of foreign fishing (TALFF) for each

target species and the ‘‘other species’’

category (§ 675.20(a)(2)). The sum of the

TACs must be within the optimum yield

(OY) range of 1.4 million to 2.0 million

metric tons (mt) (§ 675.20(a)(2)).

Specifications set forth in Tables 1–9 of

this action satisfy these requirements.

For 1995, the sum of TACs is 2,000,000

mt.

The proposed BSAI groundfish

specifications and specifications for

prohibited species bycatch allowances

for the groundfish fishery of the BSAI

were published in the Federal Register

on December 14, 1994 (59 FR 64383).

Comments were invited through January

9, 1995. No written comments were

received within the comment period.

Public consultation with the Council

occurred during the Council meeting in

Anchorage, AK, held on December 5–10,

1994. Council recommendations and

biological and economic data that were

available at the Council’s December

meeting were considered in

implementing the final 1995

specifications.

Interim Specifications

Regulations under § 675.20(a)(7)(i)

authorize one-fourth of each proposed

ITAC and apportionment thereof, onefourth of each PSC allowance, and the

first proposed seasonal allowance of

pollock to be in effect on January 1 on

an interim basis and to remain in effect

until superseded by final initial

specifications. NMFS published the

interim 1995 specifications in the

Federal Register on December 14, 1994

(59 FR 64346) and corrected January 30,

1995 (60 FR 5762). The final 1995 initial

groundfish harvest specifications and

prohibited species bycatch allowances

contained in this action supersede the

interim 1995 specifications.

TAC Specifications and Acceptable

Biological Catch (ABC)

The specified TAC for each species is

based on the best available biological

and socioeconomic information. The

Council, its Advisory Panel (AP), and its

Scientific and Statistical Committee

(SSC) reviewed current biological

information about the condition of

groundfish stocks in the BSAI at their

September and December 1994

meetings. This information was

compiled by the Council’s BSAI

Groundfish Plan Team and is presented

in the final 1995 Stock Assessment and

Fishery Evaluation (SAFE) report for the

BSAI groundfish fisheries, dated

November 1994. The Plan Team

annually produces such a document as

the first step in the process of specifying

TACs. The SAFE report contains a

review of the latest scientific analyses

and estimates of each species’ biomass

and other biological parameters. From

these data and analyses, the Plan Team

estimates an acceptable biological catch

(ABC) for each species category.

A summary of the preliminary ABCs

for each species for 1995 and other

biological data from the September 1994

draft SAFE report were provided in the

discussion supporting the proposed

1995 specifications. The Plan Team’s

recommended ABCs were reviewed by

the SSC, AP, and Council at their