[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8479-8488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3485]



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DEPARTMENT OF COMMERCE
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.

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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 
Secs. 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 
(Sec. 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 
(Sec. 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) 
(Sec. 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 Sec. 675.20(a)(7)(i) authorize one-fourth of each 
proposed ITAC and apportionment thereof, one-fourth 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 [[Page 8480]] September 1994 meetings. Based on the 
SSC's comments concerning technical methods and new biological data not 
available in September, the Plan Team revised its ABC recommendations 
in the final SAFE report, dated November 1994. The revised ABC 
recommendations were again reviewed by the SSC, AP, and Council at 
their December 1994 meetings. While the SSC endorsed most of the Plan 
Team's recommendations for 1995 ABCs set forth in the final SAFE 
report, the SSC recommended revisions to ABC amounts calculated for 
Bogoslof pollock, Greenland turbot, and Atka mackerel. The Council 
adopted the SSC's recommendations for the 1995 ABCs. The final ABCs are 
listed in Table 1.
    The Council developed its TAC recommendations based on the final 
ABCs as adjusted for other biological and socioeconomic considerations, 
including maintaining the total TAC in the required OY range of 1.4-2.0 
million mt. None of the Council's recommended TACs for 1995 exceeds the 
final 1995 ABC for each species category. Therefore, NMFS finds that 
the recommended TACs are consistent with the biological condition of 
groundfish stocks. The final TACs and overfishing levels for groundfish 
in the BSAI area for 1995 are given in Table 1 of this action.

Apportionment of TAC

    As required by Sec. 675.20 (a)(3) and (a)(7)(i), each species' TAC 
initially is reduced by 15 percent (special provisions apply to the 
hook-and-line and pot gear allocation for sablefish); this is the ITAC 
for the species. The sum of these reductions is the reserve. The 
reserve is not designated by species or species group, and any amount 
of the reserve may be reapportioned to a target species or the ``other 
species'' category during the year, providing that such 
reapportionments do not result in overfishing.
    The ITAC for each target species and the ``other species'' category 
at the beginning of the year is apportioned between the DAH and TALFF, 
if any. Each DAH amount is further apportioned between two categories 
of U.S. fishing vessels. The DAP category includes U.S. vessels that 
process their catch on board or deliver it to U.S. fish processors. The 
joint venture processors (JVP) category includes U.S. fishing vessels 
working in joint ventures with foreign processing vessels authorized to 
receive catches in the U.S. exclusive economic zone.
    In consultation with the Council, the initial amounts of DAP and 
JVP are determined by the Director, Alaska Region, NMFS (Regional 
Director). Consistent with the final 1991-94 initial specifications, 
the Council recommended that 1995 DAP specifications be set equal to 
ITAC and that zero amounts of groundfish be allocated to JVP and TALFF. 
In making this recommendation, the Council considered the capacity of 
DAP harvesting and processing operations and anticipated that 1995 DAP 
operations will harvest the full TAC specified for each BSAI groundfish 
species category. The ABCs, TACs, ITACs, OFLs, and initial 
apportionments of groundfish in the BSAI for 1995 are set out in Table 
1.

   Table 1. Final 1995 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and  
               Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Areas\<SUP>1\\<SUP>2\              
----------------------------------------------------------------------------------------------------------------
                                                                                                   Over fishing 
                     Species                            ABC             TAC       ITAC DAP\3\\4\       level    
----------------------------------------------------------------------------------------------------------------
Pollock:                                                                                                        
    Bering Sea (BS).............................       1,250,000       1,250,000       1,062,500       1,500,000
    Aleutian Islands (AI).......................          56,600          56,600          48,110          60,400
    Bogoslof District...........................          22,100           1,000             850          22,100
Pacific cod.....................................         328,000         250,000         212,500         390,000
Sablefish BS....................................           1,600           1,600           1,360  ..............
AI..............................................           2,200           2,200           1,870           4,900
Atka mackerel total.............................         125,000          80,000          68,000         335,000
    Western AI..................................          55,600          16,500          14,025  ..............
    Central AI..................................          55,900          50,000          42,500  ..............
    Eastern AI/BS...............................          13,500          13,500          11,475  ..............
Yellowfin sole..................................         277,000         190,000         161,500         319,000
Rock sole.......................................         347,000          60,000          51,000         388,000
Greenland turbot total..........................           7,000           7,000           5,950          27,200
    BS..........................................           4,669           4,669           3,969  ..............
    AI..........................................           2,331           2,331           1,981  ..............
Arrowtooth flounder.............................         113,000          10,227           8,693         138,000
Flathead sole...................................         138,000          30,000          25,500         167,000
Other flatfish\5\...............................         117,000          19,540          16,609         137,000
Pacific ocean perch.............................                                                                
    BS..........................................           1,850           1,850           1,573           2,910
    AI..........................................          10,500          10,500           8,925          15,900
Other red rockfish\6\...........................                                                                
    BS..........................................           1,400           1,260           1,070           1,400
Sharpchin/Northern..............................                                                                
    AI..........................................           5,670           5,103           4,338           5,670
Shortraker/Rougheye.............................                                                                
    AI..........................................           1,220           1,098             933           1,220
Other rockfish\7\:                                                                                              
    BS..........................................             365             329             280             365
    AI..........................................             770             693             589             770
Squid...........................................           3,110           1,000             850           3,110
Other Species\8\................................          27,600          20,000          17,000         136,000
                                                 ---------------------------------------------------------------
[[Page 8481]]                                                                                                   
                                                                                                                
      Totals....................................       2,836,985       2,000,000       1,700,000      3,655,945 
----------------------------------------------------------------------------------------------------------------
\1\Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) area 
  unless otherwise specified. With the exception of pollock and for the purpose of these specifications, the BS 
  includes the Bogoslof district.                                                                               
\2\Zero amounts of groundfish are specified for Joint Venture Processing (JVP) and Total Allowable Level of     
  Foreign Fishing (TALFF).                                                                                      
\3\Except for the portion of the sablefish TAC allocated to hook-and-line and pot gear, 0.15 of each TAC is put 
  into a reserve. For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, .20
  of the allocated TAC is reserved for use by Community Development Quota participants. The ITAC for each       
  species is the remainder of the TAC after the subtraction of these reserves.                                  
\4\DAP = domestic annual processing = ITAC.                                                                     
\5\``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species) and all   
  other flatfish species that have a separate specified TAC amount.                                             
\6\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.                               
\7\``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin, 
  northern, shortraker and rougheye.                                                                            
\8\``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus.                 

    The SSC's revisions to the ABCs recommended by the Plan Team for 
Bogoslof pollock, Greenland turbot, and Atka mackerel are discussed 
below.
    Bogoslof pollock. The Plan Team indicated in the final 1995 SAFE 
report that the current estimate of biomass of Aleutian Basin pollock 
(442,000 mt) is the best estimate, assuming that no recruitment to the 
stock has occurred and that the natural mortality rate (M) is 0.2. 
Reassessment of the Bogoslof area hydroacoustic survey with new 
threshold levels of abundance has not changed previous conclusions that 
this stock has continued to decrease since 1988. The Plan Team lacks 
conclusive data that Bogoslof pollock are an independent stock that is 
self sustaining. Recruitment to the Aleutian Basin is most likely 
coming from another area from the surrounding continental shelf. To the 
extent that this recruitment may not be the progeny of Bogoslof 
spawners, the Plan Team assumed no recruitment will occur in 1995, and 
projected a biomass for 1995 of 442,000 mt using M=0.2. The Plan Team 
then calculated the F<INF>0.35 exploitation rate of 0.26 to derive an 
ABC of 115,000. However, the SSC continued the policy of adjusting the 
exploitation rate downward by M/4, or .05, in proportion to the ratio 
of current biomass to optimal biomass. This leads to an ABC of 22,100. 
Due to lack of recruitment predicted for 1995, the Council recommended 
a TAC of 1,000 mt to provide for bycatch in other groundfish 
operations. That recommendation is adopted in these final 
specifications (Table 1).
    Greenland turbot. The Plan Team used the stock synthesis model to 
estimate the ABC, which was updated with 1994 catch and survey data. 
Similar to last year, the Plan Team used a more conservative 
exploitation rate of F<INF>0.40 and an increased slope survey 
catchability coefficient of 0.75, due to the lack of recruitment. These 
parameters resulted in a conservative ABC of 18,500 mt. Continued poor 
recruitment and stock abundance levels lead the SSC to recommend a 
continuation of the present 7,000 mt ABC for this species. The SSC 
further recommended that the ABC be split into two apportionments: Two-
thirds to the eastern Bering Sea, and one-third to the Aleutian 
Islands. This resulted in ABCs of 4,669 mt and 2,331 mt, respectively. 
This recommendation is intended to spread fishing effort over a larger 
area to avoid localized depletion. The Council concurred with the SSC's 
recommendation for ABC and set the TAC equal to ABC. That 
recommendation is adopted in these final specifications.
    Atka mackerel. The Plan Team was not able to assess the current 
Atka mackerel stock level and the magnitude of the incoming year 
classes because data from the 1994 trawl survey and age composition of 
the 1993 fishery were not available. As a result, the Plan Team's 
recommended ABC (245,000 mt) was unchanged from 1994. Since 1992, the 
SSC has been apprehensive about possible environmental problems that 
may result from an increased catch of the magnitude implied by the Plan 
Team's estimate of ABC. Atka mackerel is a prey species of northern fur 
seals (a depleted species under the Marine Mammal Protection Act) and 
Steller sea lions (a threatened species under the Endangered Species 
Act). During their migrations, northern fur seals feed heavily on Atka 
mackerel as they move through the Aleutian passes. Therefore, since 
1992, the SSC has recommended phasing in the Plan Team's estimate of 
ABC over a 6-year period by adopting the Plan Team's biomass estimate 
(832,000 mt for 1995), and raising the exploitation rate in steps. 
These incremental steps are as follows: (M)(1/6) in 1992, (M)(2/6) in 
1993, (M)(3/6) in 1994, (M)(4/6) in 1995, (M)(5/6) in 1996, and M in 
1997. However, due to current uncertainty about the stock status, the 
SSC recommends that the stairstep be frozen at the level used to reduce 
the calculated ABC for 1994. According to this revised schedule, the 
recommended ABC for 1995 is (0.30/2)(832,000)=125,000 mt. The main 
purpose of this approach is to postpone a large ABC increase until data 
are available to evaluate the phase-in policy.
    The Council recommended an 80,000 mt TAC for Atka mackerel in the 
BSAI in 1995. Based on the authority provided by Amendment 28 to the 
FMP, the Council recommended the following apportionment of the TAC for 
Atka mackerel among the Aleutian Islands (AI) management districts and 
the Bering Sea relative to survey biomass distribution estimates: 
16,500 mt in the western AI district; 50,000 mt in the central AI 
district; and 13,500 mt in the eastern AI district and Bering Sea 
combined. These recommendations are adopted in these final 
specifications (Table 1).

Apportionment of the Pollock TAC to the Inshore and Offshore Components

    Regulations at Sec. 675.20(a)(2)(iii) require that the 1995 pollock 
ITAC specified for the BSAI be allocated 35 percent to vessels catching 
pollock for processing by the inshore component and 65 percent to 
vessels catching pollock for processing by the offshore component. 
Definitions of these components are found at Sec. 675.2. The 1995 ITAC 
specifications are consistent with these requirements (Table 2).

Seasonal Allowances of Pollock TAC

    Under Sec. 675.20(a)(2)(ii), the TAC of pollock for each subarea or 
district of [[Page 8482]] the BSAI area is divided, after subtraction 
of reserves (Sec. 675.20(a)(3)), into two allowances. The first 
allowance will be available for directed fishing from January 1 to 
April 15 (roe season). The second allowance will be available from 
August 15 through the end of the fishing year (non-roe season).
    The Council recommended that the 1995 seasonal allowances of 
pollock be set at the same relative levels as in 1993 and 1994 with 45 
percent of the pollock ITAC specified for each management subarea or 
district during the roe season and 55 percent during the non-roe 
season. Although the Council is authorized under Sec. 675.20(a)(7)(ii) 
to recommend seasonal allowances of the 1995 CDQ pollock reserve, it 
did not take such action at its December 1994 meeting. Therefore, NMFS 
is limiting the 1995 fishery to 45 percent of the CDQ reserve during 
the roe season, consistent with the seasonal split recommended by the 
Council for the inshore/offshore pollock fisheries (Table 2).
    When specifying seasonal allowances of the pollock TAC, the Council 
and NMFS consider the factors as specified in Section 14.4.10 of the 
FMP and discussed in the proposed specifications (59 FR 64383), 
December 14, 1994).
    A discussion of these factors relative to the roe and non-roe 
seasonal allowances (45 and 55 percent of the TAC, respectively) was 
presented in the final 1993 specifications for BSAI groundfish (58 FR 
8703, February 17, 1993). Considerations under these factors remain 
unchanged from 1993 and 1994, given that the relative seasonal 
allowances for 1993, 1994, and 1995 are the same.

Apportionment of Pollock TAC to the Nonpelagic Trawl Gear Fishery

    Regulations under Sec. 675.24(c)(2) authorize NMFS, in consultation 
with the Council, to limit the amount of pollock TAC that may be taken 
in the directed fishery for pollock using nonpelagic trawl gear. This 
authority is intended to reduce the amount of halibut and crab bycatch 
that occurs in nonpelagic trawl operations.
    The Council did not recommend limiting the amount of pollock TAC 
that may be taken in the 1995 directed fishery for pollock by vessels 
using nonpelagic trawl gear, given that regulations at Sec. 675.7 
appear to limit effectively the bycatch of halibut and crab when 
directed fishing for pollock with nonpelagic trawl gear is closed. NMFS 
concurs with the Council's recommendation, and no limit on the amount 
of pollock TAC that may be taken in the directed fishery for pollock 
using nonpelagic trawl gear is specified.

      Table 2.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TACs\1\\2\     
----------------------------------------------------------------------------------------------------------------
                                                                                                      Non-roe   
                     Subarea                            TAC           ITAC\3\      Roe season\4\     season\5\  
----------------------------------------------------------------------------------------------------------------
Bering Sea:                                                                                                     
    Inshore.....................................  ..............         371,875         167,344         204,531
    Offshore....................................  ..............         690,625         310,781         379,844
                                                       1,250,000       1,062,500         478,125         584,375
Aleutian Islands:                                                                                               
    Inshore.....................................  ..............          16,838          16,838           (\6\)
    Offshore....................................  ..............          31,272          31,272           (\6\)
                                                          56,600          48,110          48,110           (\6\)
Bogoslof:                                                                                                       
    Inshore.....................................  ..............             298             298           (\6\)
    Offshore....................................  ..............             552       552 (\6\)                
                                                           1,000             850             850           (\6\)
----------------------------------------------------------------------------------------------------------------
\1\TAC = total allowable catch.                                                                                 
\2\Based on an offshore component allocation of 0.65(TAC) and an inshore component allocation of 0.35(TAC).     
\3\ITAC = initial TAC = 0.85 of TAC.                                                                            
\4\January 1 through April 15--based on a 45/55 split (roe = 45 percent).                                       
\5\August 15 through December 31--based on a 45/55 split (non-roe = 55 percent).                                
\6\Remainder.                                                                                                   

Apportionment of the Pollock TAC to the Western Alaska Community 
Development Quota

    Regulations at Sec. 675.20(a)(3)(ii) require one-half of the 
pollock TAC placed in the reserve for each subarea or district, or 7.5 
percent of each TAC, be assigned to a Community Development Quota (CDQ) 
reserve for each subarea or district. The 1995 CDQ reserve amounts for 
each subarea are as follows:

------------------------------------------------------------------------
                       BSAI subarea                          Pollock CDQ
------------------------------------------------------------------------
Bering Sea................................................     93,750 mt
Aleutian Islands..........................................      4,245 mt
Bogoslof..................................................         75 mt
-----------------------------------------------------------             
    Total.................................................     98,070 mt
------------------------------------------------------------------------

    Under regulations governing the CDQ program at Sec. 675.27, NMFS 
may allocate the 1995 pollock CDQ reserves to eligible Western Alaska 
communities or groups of communities that have an approved community 
development plan (CDP). NMFS has approved six CDP's and associated 
percentages of the CDQ reserve for each CDP recipient for 1994-95 (58 
FR 61031, November 19, 1993). Table 3 lists the approved CDP 
recipients, and each recipient's allocation of the 1995 pollock CDQ 
reserve for each subarea.

 Table 3.--Approved Shares (Percentages) and Resulting Allocations and Seasonal Allowances (Metric Tons) of the 
 1995 Pollock CDQ Reserve Specified for the Bering Sea (BS) and Aleutian Islands (AI) Subareas, and the Bogoslof
                                   District (BD) Among Approved CDP Recipients                                  
----------------------------------------------------------------------------------------------------------------
                                                                                                     Roe-season 
                      CDP recipient                          Percent         Area       Allocation  allowance\1\
----------------------------------------------------------------------------------------------------------------
Aleutian Pribilof........................................           18  BS                  16,875        7,594 
[[Page 8483]]                                                                                                   
                                                                                                                
    Island Community.....................................  ...........  AI                     764  ............
    Development Assn.....................................  ...........  BD                      14  ............
      Total..............................................  ...........  .............       17,653  ............
Bristol Bay Economic.....................................           20  BS                  18,750         8,437
    Development Corp.....................................  ...........  AI                     849  ............
                                                           ...........  BD                      15  ............
      Total..............................................  ...........  .............       19,614  ............
Central Bering Sea.......................................            8  BS                   7,500         3,375
    Fishermen's Assn.....................................  ...........  AI                     340  ............
                                                           ...........  BD                       6  ............
      Total..............................................  ...........  .............        7,846  ............
Coastal Villages.........................................           27  BS                  25,312        11,390
    Fishing Coop.........................................  ...........  AI                   1,146  ............
                                                           ...........  BD                      20  ............
      Total..............................................  ...........  .............       26,478  ............
Norton Sound.............................................           20  BS                  18,750         8,438
Fisheries Development....................................  ...........  AI                     849  ............
Assn.....................................................  ...........  BD                      15  ............
      Total..............................................  ...........  .............       19,614  ............
Yukon Delta Fisheries....................................            7  BS                   6,563         2,953
    Development Assn.....................................  ...........  AI                     297  ............
                                                           ...........  BD                       5  ............
      Total..............................................  ...........  .............        6,865  ............
                                                          ------------------------------------------------------
      Total..............................................          100  .............       98,070       42,182 
----------------------------------------------------------------------------------------------------------------
\1\No more than 45 percent of a CDP recipient's 1995 pollock allocation may be harvested during the pollock roe 
  season, January 1 through April 15.                                                                           

Allocation of the Pacific Cod TAC

    Under Sec. 675.20(a)(2)(iv), 2 percent of the Pacific cod ITAC is 
allocated to vessels using jig gear, 44 percent to vessels using hook-
and-line or pot gear, and 54 percent to vessels using trawl gear. At 
its December 1994 meeting, the Council recommended a seasonal 
apportionment of the portion of the Pacific cod TAC allocated to the 
hook-and-line gear fisheries. The seasonal apportionments are intended 
to provide for the harvest of Pacific cod when flesh quality and market 
conditions are optimum and Pacific halibut bycatch rates are low. The 
Council's recommendations for seasonal apportionments are based on: (1) 
Seasonal distribution of Pacific cod relative to prohibited species 
distributions, (2) expected variations in prohibited species bycatch 
rates experienced in the Pacific cod fisheries throughout the year, and 
(3) economic effects of any seasonal apportionment of Pacific cod on 
the hook-and-line and pot gear fisheries. The seasonal allocation of 
the Pacific cod ITAC is specified in Table 4.

                         Table 4.--1995 Gear Shares of the BSAI Pacific Cod Initial TAC                         
----------------------------------------------------------------------------------------------------------------
                                                                              Seasonal apportionment            
                 Gear                   Percent TAC   Share ITAC -----------------------------------------------
                                                         (mt)             Date            Percent    Amount (mt)
----------------------------------------------------------------------------------------------------------------
Jig...................................            2        4,250  Jan 1...............          100        4,250
Hook-and-line/pot gear................           44       93,500  Jan 1-Apr 30........           73    \1\68,000
                                        ...........  ...........  May 1-Aug 31........           19       18,000
                                        ...........  ...........  Sep 1-Dec 31........            8        7,500
Trawl gear............................           54      114,750  Jan 1...............          100      114,750
                                       -------------------------------------------------------------------------
      Total...........................          100      212,500  ....................  ...........  ...........
----------------------------------------------------------------------------------------------------------------
\1\Any portion of the first seasonal apportionment that is not harvested by the end of the first season will    
  become available on September 1, the beginning of the third season.                                           

Sablefish Gear Allocation and CDQ Allocations for Sablefish

    Regulations at Sec. 675.24(c)(1) require that sablefish TACs for 
BSAI subareas be divided between trawl and hook-and-line/pot gear 
types. Gear allocations of TACs are specified in the following 
proportions: Bering Sea subarea: Trawl gear--50 percent; hook-and-line/
pot gear--50 percent, and Aleutian Islands subarea: trawl gear--25 
percent; hook-and-line/pot gear--75 percent. In addition, regulations 
under Sec. 676.24(b) require NMFS to withhold 20 percent of the hook-
and-line and pot gear sablefish allocation as sablefish CDQ reserve. To 
accommodate the CDQ reserve and allow for the issuance of 1995 
sablefish individual fishing quotas (IFQs), NMFS is releasing reserves 
to make the full amount of the 1995 sablefish TACs available early in 
the fishing year. Gear allocations and CDQ shares of sablefish TACs are 
specified in Table 5.

                                                                                                                
[[Page 8484]]                                                                                                   
                            Table 5.--1995 Gear and CDQ Shares of BSAI Sablefish TAC                            
----------------------------------------------------------------------------------------------------------------
                                                                                          Share of              
          Area (mt)                         Gear               Percent of    Share of       ITAC       Share of 
                                                                  TAC        TAC (mt)     (mt)\1\        CDQ    
----------------------------------------------------------------------------------------------------------------
BS...........................  Trawl........................           50          800          800          N/A
                               Hook-and-line/Pot\2\.........           50          800          640          160
AI...........................  Trawl........................           25          550          550          N/A
                               Hook-and-line/Pot............           75        1,650        1,320          330
                                                             ---------------------------------------------------
      Total..................  .............................  ...........        3,800        3,310          490
----------------------------------------------------------------------------------------------------------------
<SUP>1Reserve added to ITAC.                                                                                         
<SUP>2For the portion of the sablefish TAC allocated to vessels using hook-and-line gear or pot gear, 20 percent of  
  the allocated TAC is reserved for use by CDQ participants. The ITAC for each species is the remainder of the  
  TAC after the subtraction of these reserves.                                                                  

Sablefish CDP Allocations

    On November 25, 1994, NMFS approved the 1995-97 Community 
Development Plans (CDPs) for the 1995-97 sablefish CDQ program. The 
percentages of CDQ fixed gear sablefish allocation for each approved 
CDP were published in the Federal Register on December 2, 1994 (59 FR 
61877). The resulting 1995 allocations of sablefish to the approved 
CDPs are listed in Table 6.

 Table 6.--Approved Shares (Percentages) and Resulting Allocations (mt) 
 of the 1995 Sablefish CDQ Reserve Specified for the Bering Sea (BS) and
      Aleutian Islands (AI) Subareas Among Approved CDP Recipients      
------------------------------------------------------------------------
                                          Sablefish                     
         CDP recipient          ---------------------------- Amount (mt)
                                      Area        Percent               
------------------------------------------------------------------------
Atka Fishermen's Association...  BS...........            0            0
                                 AI...........            0            0
Bristol Bay Economic             BS...........            0            0
 Development Corp.                                                      
                                 AI...........           25         82.5
Coastal Villages Fishing         BS...........            0            0
 Cooperative.                                                           
                                 AI...........           25         82.5
Norton Sound Economic            BS...........           25           40
 Development Corporation.                                               
                                 AI...........           30           99
Pribilof Island Fishermen......  BS...........            0            0
                                 AI...........            0            0
Yukon Delta Fisheries            BS...........           75          120
 Development Association.                                               
                                 AI...........           10           33
Aleutian Pribilof Islands        BS...........            0            0
 Community Development                                                  
 Association.                                                           
                                 AI...........           10           33
      Total....................  BS...........          100          160
                                               -------------------------
                                 AI...........          100          330
------------------------------------------------------------------------

Allocation of Prohibited Species Catch (PSC) Limits for Crab, Halibut, 
and Herring

    PSC limits of red king crab and C. bairdi Tanner crab in Bycatch 
Limitation Zones (50 CFR 675.2) of the Bering Sea subarea, and for 
Pacific halibut throughout the BSAI specified under Sec. 675.21(a). The 
PSC limits are:

--Zone 1 trawl fisheries, 200,000 red king crabs;
--Zone 1 trawl fisheries, 1 million C. bairdi Tanner crabs;
--Zone 2 trawl fisheries, 3 million C. bairdi Tanner crabs;
--BSAI trawl fisheries, 3,775 mt mortality of Pacific halibut;
--BSAI nontrawl fisheries, 900 mt mortality of Pacific halibut; and
--BSAI trawl fisheries, 1,861 mt Pacific herring.

    The PSC limit of Pacific herring caught while conducting any trawl 
operation for groundfish in the BSAI is 1 percent of the annual eastern 
Bering Sea herring biomass. The best estimate of 1995 herring biomass 
is 186,100 mt. This amount was derived using 1994 survey data and an 
age-structured biomass projection model developed by the Alaska 
Department of Fish and Game. Therefore, the herring PSC limit for 1995 
is 1,861 mt.
    Regulations at Sec. 675.21(b)(2) authorize the apportionment of the 
non-trawl halibut PSC limit among three fishery categories (Pacific cod 
hook-and-line fishery, groundfish pot gear fishery, and other non-trawl 
fisheries). The PSC allowances are listed in Table 7. In general, the 
fishery bycatch allowances listed in Table 7 reflect the 
recommendations made to the Council by its AP. These recommendations 
were based on 1994 bycatch amounts, anticipated 1995 harvest of 
groundfish by trawl gear and fixed gear, and assumed halibut mortality 
rates in the different groundfish fisheries based on analyses of 1992-
93 observer data.
    The Council recommended continuing to exempt groundfish pot gear 
fisheries from halibut bycatch restrictions during 1995. In 1994, total 
groundfish catch for the pot gear fishery in the BSAI was approximately 
8,500 mt with an associated halibut bycatch of 58 mt, or less than 5 mt 
bycatch mortality, using the mortality rate recommended for 1995 (8 
percent). The Council recommended that pot gear be exempt from halibut-
bycatch restrictions because (1) potential exists for halibut-bycatch 
mortality in the Greenland turbot or sablefish hook-and-line fisheries 
to require closure of the pot gear fishery if the halibut-bycatch 
allowance is reached, and (2) the groundfish pot gear fishery uses a 
selective gear type that experiences very low halibut bycatch 
mortality. [[Page 8485]] 
    The Council also recommended exempting the BSAI jig gear fishery 
and the sablefish hook-and-line gear fishery from halibut-bycatch 
restrictions. A proposed rule was published by NMFS on December 29, 
1994 (59 FR 67268) which, if approved, would provide the authority to 
determine annually whether to apportion the halibut-bycatch limit to 
the groundfish jig gear fishery or the sablefish hook-and-line fishery 
or to exempt these fisheries from halibut-bycatch restrictions. At its 
December 1994, meeting, the Council recommended that the 1995 BSAI 
groundfish jig gear fishery and the sablefish hook-and-line gear 
fishery be exempt from halibut-bycatch restrictions. The final rule, if 
approved, would specify the Council's recommended exemptions.

 Table 7.--Final 1995 Prohibited Species Bycatch Allowances for the BSAI
                      Trawl and Nontrawl Fisheries.                     
------------------------------------------------------------------------
     Trawl fisheries          Zone 1          Zone 2         BSAI-wide  
------------------------------------------------------------------------
Red king crab, number of                                                
 animals:                                                               
    Yellowfin sole......          50,000  ..............  ..............
    Rcksol/flatsol/                                                     
     othflat\1\.........         110,000  ..............  ..............
    Turb/arrow/sab\2\...               0  ..............  ..............
    Rockfish............               0  ..............  ..............
    Pacific cod.........          10,000  ..............  ..............
    Plck/Atka/othr\3\...          30,000  ..............  ..............
                         -----------------------------------------------
      Total.............         200,000  ..............  ..............
                         ===============================================
C. bairdi Tanner crab,                                                  
 number of animals:                                                     
    Yellowfin sole......         225,000       1,525,000  ..............
    Rcksol/flatsol/                                                     
     othflat............         475,000         510,000  ..............
    Turb/arrow/sab......               0           5,000  ..............
    Rockfish............               0          10,000  ..............
    Pacific cod.........         225,000         260,000  ..............
    Plck/Atka/othr......          75,000         690,000  ..............
                         -----------------------------------------------
      Total.............       1,000,000       3,000,000  ..............
                         ===============================================
Pacific halibut,                                                        
 mortality (mt):                                                        
    Yellowfin sole......  ..............  ..............             750
    Rcksol/flatsol/                                                     
     othflat............  ..............  ..............             690
    Turb/arrow/sab......  ..............  ..............             120
    Rockfish............  ..............  ..............             110
    Pacific cod.........  ..............  ..............           1,550
    Plck/Atka/othr......  ..............  ..............             555
                         -----------------------------------------------
      Total.............  ..............  ..............           3,775
                         ===============================================
Pacific herring, mt:                                                    
    Midwater pollock....  ..............  ..............           1,345
    Yellowfin sole......  ..............  ..............             315
    Rcksol/flatsol/                                                     
     othflat............  ..............  ..............               0
    Turb/arrow/sab......  ..............  ..............               0
    Rockfish............  ..............  ..............               8
    Pacific cod.........  ..............  ..............              24
    Plck/Atka/othr\4\...  ..............  ..............             169
                         -----------------------------------------------
      Total.............  ..............  ..............           1,861
                         ===============================================
Non-trawl fisheries       ..............  ..............  ..............
Pacific halibut,                                                        
 mortality (mt)                                                         
Pacific cod.............  ..............  ..............             725
Other non-trawl.........  ..............  ..............             175
Groundfish pot gear.....  ..............  ..............           (\5\)
                         -----------------------------------------------
      Total.............  ..............  ..............            900 
------------------------------------------------------------------------
\1\Rock sole, flathead sole, and other flatfish fishery category.       
\2\Greenland turbot, arrowtooth flounder, and sablefish fishery         
  category.                                                             
\3\Pollock, Atka mackerel, and ``other species'' fishery category.      
\4\Pollock other than midwater pollock, Atka mackerel, and ``other      
  species'' fishery category.                                           
\5\Exempt.                                                              

Seasonal Apportionments of PSC Limits

    Regulations at Sec. 675.21(b)(3) authorize NMFS, after consultation 
with the Council, to establish seasonal apportionments of prohibited 
species bycatch allowances among the fisheries to which bycatch has 
been apportioned. Under Sec. 675.21(b)(3), such an apportionment must 
be based on certain types of information. See the discussion in the 
proposed specifications (59 FR 64383, December 14, 1994).
    At its December 1994 meeting, the Council recommended that the 
halibut bycatch allowances listed in Table 7 be seasonally apportioned 
as shown in Table 8, for yellowfin sole, rock sole/flathead sole/other 
flatfish, rockfish, and pollock/Atka mackerel/``other species'' fishery 
categories. The recommended seasonal apportionments reflect 
recommendations made to the Council by its AP. [[Page 8486]] 
    The Council recommended seasonal apportionments of the halibut 
bycatch allowances specified for the yellowfin sole, and rocksole, 
flathead sole, and other flatfish categories to provide additional 
fishing opportunities in the BSAI early in the year and to reduce the 
incentive for trawl vessel operators to move from the BSAI to the Gulf 
of Alaska after the rock sole roe fishery is closed, typically at the 
end of February.
    The AP's recommended seasonal apportionment of the halibut bycatch 
allowance for the pollock/Atka mackerel/''other species'' fishery 
category is based on the seasonal allowances of the Bering Sea pollock 
ITAC recommended for the roe and non-roe seasons, and the assumption 
that most of the pollock taken during the roe season will be taken with 
pelagic trawl gear with reduced halibut bycatch rates.
    The AP recommended seasonal apportionment of the halibut bycatch 
allowance for the Pacific cod fishery based on: (1) Anticipation that 
the proposed rule published in the Federal Register on December 29, 
1994 (59 FR 67268) would exempt the BSAI jig gear fishery and the 
sablefish hook-and-line gear fishery from halibut-catch restrictions, 
and (2) the Council's desire to limit a hook-and-line fishery for 
Pacific cod during summer months when halibut bycatch rates are high. 
Seasonal apportionments of the halibut bycatch allowances for 1995 are 
specified in Table 8.

   Table 8.--Final Seasonal Apportionments of the 1995 Pacific Halibut  
Bycatch Mortality Allowances for the BSAI Trawl and Non-Trawl Fisheries.
------------------------------------------------------------------------
                                                               Seasonal 
                                                               bycatch  
                                                              mortality 
                          Fishery                             allowance 
                                                                 (mt    
                                                               halibut) 
------------------------------------------------------------------------
Trawl gear:                                                             
Yellowfin sole:                                                         
  Jan. 20-Jul. 31..........................................          280
  Aug. 01-Dec. 31..........................................          470
                                                            ------------
      Total................................................          750
                                                            ============
Rock sole/flathead sole/``other flatfish'':                             
  Jan. 20-Mar. 31..........................................          428
  Apr. 01-Jun. 30..........................................          180
  Jul. 01-Dec. 31..........................................           82
                                                            ------------
      Total................................................          690
                                                            ============
Turbot/arrowtooth flounder/sablefish Total.................          120
Rockfish:                                                               
  Jan. 20-Mar. 31..........................................           30
  Apr. 01-Jun. 30..........................................           60
  Jul. 01-Dec. 31..........................................           20
                                                            ------------
      Total................................................          110
                                                            ============
Pacific cod:                                                            
  Jan. 20-Oct. 24..........................................        1,450
  Oct. 25-Dec. 31..........................................          100
                                                            ------------
      Total................................................        1,550
                                                            ============
Pollock/Atka mackerel/``other species'':                                
  Jan. 20-Apr. 15..........................................          455
  Apr. 15-Dec. 31..........................................          100
                                                            ------------
      Total................................................          555
                                                            ============
      Total Trawl Halibut Mortality........................        3,775
Non-trawl gear                                                          
Pacific cod:                                                            
  Jan. 01-Apr. 30..........................................          475
  May 01-Aug. 31...........................................           40
  Sep. 01-Dec. 31..........................................          210
                                                            ------------
      Total................................................          725
                                                            ============
Other non-trawl............................................          175
Groundfish pot.............................................          <SUP>(1)
                                                            ------------
      Total Non-trawl Halibut Mortality....................         900 
------------------------------------------------------------------------
\1\Exempt.                                                              

    For purposes of monitoring the fishery halibut bycatch mortality 
allowances and apportionments, the Regional Director will use observed 
halibut bycatch rates reported and observed groundfish catch to project 
when a fishery's halibut bycatch mortality allowance or apportionment 
is reached. The Regional Director monitors the fishery's halibut 
bycatch mortality allowances using assumed mortality rates that are 
based on the best information available, including information 
contained in the final annual SAFE report.
    The Council recommended that the assumed halibut mortality rates 
for the BSAI groundfish fisheries remain unchanged from those used in 
1994. This recommendation is contrary to the recommendation of 
International Pacific Halibut Commission (IPHC) staff, who advocated 
assumed mortality rates that are generally higher, based on 1992-93 
observer data. The Council further recommended that NMFS, if possible, 
conduct a mid-year evaluation of the halibut mortality rates, based on 
final 1994 and 1995 observer data, and adjust the rates for the 
remainder of 1995.
    NMFS will use the assumed halibut mortality rates recommended by 
the IPHC staff for the BSAI groundfish fisheries in 1995 except for the 
BSAI Pacific cod hook-and-line gear fishery. Except for that fishery, 
NMFS believes data presented by the IPHC staff represent the best 
available information on halibut discard mortality rates and should be 
used to estimate halibut bycatch mortality levels.
    NMFS will use an assumed halibut mortality rate of 12.5 percent for 
the BSAI hook-and-line cod fishery during the first half of 1995, 
instead of the IPHC's recommended rate of 18 percent, for the following 
reason: Mandatory careful release requirements are expected to result 
in reduced halibut discard mortality rates relative to the rates 
experienced in 1992-93; the BSAI hook-and-line fishery for Pacific cod 
has initiated a program to disseminate timely in-season data on halibut 
bycatch rates and individual vessel mortality rates that is anticipated 
to further reduce discard mortality rates within the fleet; vessels 
using hook-and-line or pot gear are allocated a specified portion of 
the BSAI Pacific cod TAC; the Council recommended that the halibut 
bycatch allowance apportioned to the BSAI Pacific cod hook-and-line 
fishery be apportioned into three seasons, with 28 percent of the 
annual apportionment allocated to the third season that starts 
September 1; the NMFS Observer Program Office has indicated that 1995 
in-season observer data and final 1994 observer data for the BSAI 
Pacific cod hook-and-line fishery will be available by mid-1995 to 
allow for an analysis of observed halibut discard mortality rates and 
an adjustment from the 12.5 assumed rate in time for the beginning of 
the third season (September 1). This reconsideration could result in an 
increase or decrease of the assumed rate; and if the mid-1995 
assessment of observer data indicates that the halibut mortality rate 
in the hook-and-line cod fishery has not declined to the extent 
anticipated, retroactive adjustments in the estimated 1995 halibut 
bycatch mortality would be accommodated within the third seasonal 
apportionment of the annual bycatch allowance specified for this 
fishery. Although an upward adjustment in estimated bycatch mortality 
may preclude a fishery for Pacific cod in the third season, NMFS 
believes that the amount of halibut bycatch mortality apportioned to 
the third season should prevent the halibut bycatch limit from being 
exceeded. [[Page 8487]] 
    Assumed Pacific halibut mortality rates for BSAI fisheries during 
1995 are specified in Table 9.

Table 9.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
                               During 1995                              
------------------------------------------------------------------------
                                                                Percent 
------------------------------------------------------------------------
Hook-and-line gear fisheries:                                           
  Rockfish...................................................       24.0
  Pacific cod\1\.............................................       12.5
  Greenland turbot...........................................       19.0
  Sablefish..................................................       17.0
Trawl gear fisheries:                                                   
  Midwater pollock...........................................       89.0
  Non-pelagic pollock........................................       77.0
  Yellowfin sole.............................................       76.0
  Rock sole, flathead sole, other flatfish...................       75.0
  Rockfish...................................................       69.0
  Pacific cod................................................       65.0
  Atka mackerel..............................................       59.0
  Arrowtooth.................................................       49.0
  Greenland turbot...........................................       48.0
Pot gear fisheries:                                                     
  Pacific cod................................................        8.0
------------------------------------------------------------------------
\1\The assumed halibut bycatch mortality rate for the hook-and-line     
  Pacific cod fishery will be re-evaluated mid-1995 using final 1994    
  observer data and inseason 1995 observer data.                        

Groundfish PSC Limits

    No PSC limits for groundfish species are specified in this action. 
Section 675.20(a)(6) authorizes NMFS to specify PSC limits for 
groundfish species or species groups for which the TAC will be 
completely harvested by domestic fisheries. These PSC limits apply only 
to JVP or TALFF fisheries. At this time, no groundfish are allocated to 
either JVP or TALFF and specifications of groundfish PSC limits are 
unnecessary.

Closures to Directed Fishing

    If the Regional Director establishes a directed fishing allowance, 
and that allowance is or will be reached before the end of the fishing 
year, or, with respect to pollock, before the end of the fishing 
season, NMFS will prohibit directed fishing for that species or species 
group in the specified subarea or district under Sec. 675.20(a)(8).
    Fishing for groundfish in the BSAI is authorized from January 1 
through December 31, with the following exceptions (Sec. 675.23): (1) 
Directed fishing for arrowtooth flounder and Greenland turbot is 
authorized from May 1, 1995, to December 31, 1995, subject to the other 
provisions in the BSAI regulations; (2) fishing for groundfish with 
trawl gear in the BSAI is prohibited until January 20, 1995; (3) with 
certain exceptions, directed fishing for pollock by the inshore 
component, defined at Sec. 675.2, is authorized January 1, 1995, 
through April 15, 1995, and August 15, 1995, through the end of the 
fishing year; (4) with certain exceptions, directed fishing for pollock 
by the offshore component, defined at Sec. 675.2, is authorized from 
January 26, 1995, to April 15, 1995, and from August 15, 1995, through 
the end of the fishing year; (5) directed fishing for pollock under the 
Western Alaska CDQ Program is authorized from January 1, 1994, through 
the end of the fishing year (Sec. 675.23(e)); and (6) directed fishing 
with trawl gear in Zone 1 for rockfish, Greenland turbot, arrowtooth 
flounder, and sablefish is closed, as there is no crab PSC to support 
this fishery (See Table 7).
    In addition to these regulatory closures, NMFS may take action to 
implement closures to directed fishing for species needed as bycatch 
amounts in other directed fisheries. A principal consideration for the 
Council in developing its 1995 TAC recommendations was ensuring that 
the sum of the species TACs did not exceed the maximum OY of 2 million 
mt. After consideration of the amount of each species category TAC 
which is required for bycatch in other directed fisheries, the Council 
recommended that TAC amounts specified for certain species be 
established as directed fishing allowances.
    NMFS concurs with the Council's recommendations, and accordingly, 
is prohibiting directed fishing for the following species and species 
groups: (1) Pacific ocean perch in the Bering Sea, (2) other red 
rockfish in the Bering Sea, (3) shortraker/rougheye in the Aleutian 
Islands, (4) other rockfish in the BSAI, (5) arrowtooth flounder in the 
BSAI, and (6) pollock in the Bogoslof district. Species or species 
groups identified in Table 10 are necessary as incidental catch to 
support other anticipated groundfish fisheries and TAC amounts for 
these species will be used for bycatch purposes only. If NMFS 
determines the full TAC amount will not be used as bycatch, NMFS may 
open a directed fishery for that species.

       Table 10.--Closures to Directed Fishing Under 1995 TACs\1\       
------------------------------------------------------------------------
         Fishery (all gear)                     Closed area\2\          
------------------------------------------------------------------------
Pollock in Bogoslof District.......  Statistical Area 518.              
Pacific ocean perch................  Bering Sea.                        
Shortraker/rougheye rockfish.......  AI.\3\                             
Other rockfish\4\..................  BSAI.                              
Other red rockfish\5\..............  Bering Sea.                        
Rockfish, Greenland turbot/          Zone 1.                            
 arrowtooth/sablefish.                                                  
Arrowtooth.........................  BSAI.                              
------------------------------------------------------------------------
\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.                                                             

    In addition to the above closures, NMFS closed the directed fishery 
for Atka mackerel in the Eastern Aleutian District and Bering Sea 
subarea effective noon, A.l.t., February 2, 1995, under authority of 
the interim 1995 specifications. In accordance with 
Sec. 675.20(a)(7)(ii), these closures will remain in effect until 12 
midnight, A.l.t., December 31, 1995. Directed fishing standards for 
applicable gear types may be found in the regulations at 
Sec. 675.20(h).

Technical Amendment To Revise Specified Fishery Categories for Directed 
Fishing Standards and PSC Apportionments

    Two technical amendments are necessary to update a directed fishery 
standard and a definition of a fishery category to reflect the 
establishment of a flathead sole TAC separate from the ``other 
flatfish'' category.
    First, regulations under Sec. 675.20(h)(2) establish directed 
fishing standards for yellowfin sole, rock sole, arrowtooth flounder, 
and ``other flatfish.'' To the extent that flathead sole now has a 
separate ABC, TAC, OFL, and ITAC, the standards for directed fishing 
are revised by technical amendment to add flathead sole to this 
directed fishing category.
    Second, regulations under Sec. 675.21(b) authorize the 
apportionment of each PSC limit into bycatch allowances for specified 
trawl fishery categories. The definition of these fishery categories at 
Sec. 675.21(b)(1)(iii) must be amended to include the new flathead sole 
fishery at Sec. 675.21(b)(1)(iii)(B)(2). The fishery category ``rock 
sole/other flatfish'' is revised, therefore, to ``rock sole/flathead 
sole/other flatfish'' to provide PSC amounts for this category.

Classification

    This action is authorized under 50 CFR 611.93(b), 675.20, and 676; 
and is exempt from review under E.O. 12866. [[Page 8488]] 
    The final rule makes minor technical amendments to 50 CFR 675.20 
and 675.21. These amendments are a logical outgrowth of the proposed 
1995 TAC specifications, which separated flathead sole from the ``other 
flatfish'' category, and are necessary to implement the specifications. 
Prior notice and opportunity for public comment would serve no useful 
purpose and is, therefore, unnecessary. Accordingly, the Assistant 
Administrator for Fisheries, NOAA (Assistant Administrator) finds good 
cause to waive prior notice and opportunity for public comment under 5 
U.S.C. 553(b)(B).
    This action adopts final 1995 harvest specifications for the BSAI, 
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 technical amendment 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 BSAI 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 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).

List of Subjects

50 CFR Part 611

    Fisheries, Foreign relations, Reporting and recordkeeping 
requirements

50 CFR Part 675

    Fisheries, Reporting and recordkeeping requirements.

    Dated: February 7, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 675 is amended 
as follows:

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

    1. The authority citation for part 675 continues to read as 
follows:

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

    2. In Sec. 675.20, paragraph (h)(2) is revised to read as follows:


Sec. 675.20  General limitations.

* * * * *
    (h) * * *
    (2) Yellowfin sole, rock sole, arrowtooth flounder, flathead sole, 
or ``other flatfish.'' The operator of a vessel is engaged in directed 
fishing for yellowfin sole, rock sole, arrowtooth flounder, flathead 
sole or ``other flatfish'' if he or she retains, at any time during a 
trip, an amount of one of these species equal to or greater than 35 
percent of the amount of the other respective species retained at the 
same time on the vessel during the same trip, plus 20 percent of any 
groundfish species other than yellowfin sole, rock sole, flathead sole 
or ``other flatfish'' retained at the same time on the vessel during 
the same trip.
* * * * *
    3. In Sec. 675.21, paragraph (b)(1)(iii)(B)(2) is revised to read 
as follows:


Sec. 675.21  Prohibited species catch (PSC) limitations.

* * * * *
    (b) * * *
    (1) * * *
    (iii) * * *
    (B) * * *
    (2) Rock sole/flathead sole/``other flatfish'' fishery. Fishing 
with trawl gear during any weekly reporting period that is defined as a 
flatfish fishery under paragraph (b)(1)(iii)(B) of this section and is 
not a yellowfin sole fishery as defined under paragraph 
(b)(1)(iii)(B)(1) of this section.
* * * * *
[FR Doc. 95-3485 Filed 2-8-95; 4:37 pm]
BILLING CODE 3510-22-P