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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 611, 672, and 676

[Docket No. 950206041–5041–01; I.D.

112894A]

Groundfish of the Gulf of Alaska;

Foreign Fishing; Limited Access

Management of Federal Fisheries In

and Off of Alaska; Final 1995 Harvest

Specifications of Groundfish

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final 1995 harvest

specifications of groundfish and

associated management measures;

closures; request for comments.

SUMMARY: NMFS announces final 1995

harvest specifications for Gulf of Alaska

(GOA) groundfish and associated

management measures. This action is

necessary to establish harvest limits and

associated management measures for

groundfish during the 1995 fishing year.

NMFS is also closing specified fisheries

consistent with the final 1995

groundfish specifications. These

measures are intended to carry out

management objectives contained in the

Fishery Management Plan for

Groundfish of the Gulf of Alaska (FMP).

DATES: The final 1995 harvest

specifications are effective on February

8, 1995 through 2400 Alaska local time

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

changed by subsequent notification in

the Federal Register. The closures to

directed fishing are effective February 8,

1995 through 2400 A.l.t., December 31,

1995, or until changed by subsequent

notification in the Federal Register.

Comments are invited on the

apportionments of reserves on or before

February 23, 1995.

ADDRESSES: Comments should be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

National Marine Fisheries Service, P.O.

Box 21668, Juneau, AK 99802–1668,

Attn: Lori Gravel. Copies of the

Environmental Assessment (EA) for

1995 Total Allowable Catch

Specifications for the Gulf of Alaska,

dated February 1995, may be obtained

from the above address or by calling

(907) 586–7229. The Final Stock

Assessment and Fishery Evaluation

Report (SAFE report), dated November

1994, is available from the North Pacific

Fishery Management Council, P.O. Box

103136, Anchorage, AK 99510 or by

calling (907) 271–2809.

FOR FURTHER INFORMATION CONTACT: Kaja

Brix, NMFS, (907) 586–7228.

SUPPLEMENTARY INFORMATION:

Background

NMFS announces for the 1995 fishing

year: (1) Total allowable catch (TAC)

amounts for each groundfish species

category in the GOA and

apportionments thereof among domestic

annual processing (DAP), joint venture

processing (JVP), total allowable level of

foreign fishing (TALFF), and reserves;

(2) apportionments of reserves to DAP;

(3) assignments of the sablefish TAC to

authorized fishing gear users; (4)

apportionments of pollock TAC among

regulatory areas, seasons, and between

inshore and offshore components; (5)

apportionment of Pacific cod TAC

between inshore and offshore

components; (6) ‘‘other species’’ TAC;

(7) prohibited species catch (PSC) limits

relevant to fully utilized groundfish

species; (8) closures to directed fishing;

(9) Pacific halibut PSC mortality limits;

and, (10) seasonal apportionments of the

halibut PSC limits. A discussion of each

of these measures follows.

The process of determining TACs for

groundfish species in the GOA is

established in regulations implementing

the FMP, which was prepared by the

North Pacific Fishery Management

Council (Council) under authority of the

Magnuson Fishery Conservation and

Management Act. The FMP is

implemented by regulations for the

foreign fishery at 50 CFR part 611 and

for the U.S. fishery at 50 CFR parts 672

and 676. General regulations that also

pertain to U.S. fisheries appear at 50

CFR part 620.

Pursuant to § 672.20(a)(2)(ii), the sum

of the TACs for all species must fall

within the combined optimum yield

(OY) range of 116,000–800,000 metric

tons (mt) established for these species in

§ 672.20(a)(1). Under §§ 611.92(c)(1) and

672.20(a)(2)(i), TACs are apportioned

initially among DAP, JVP, TALFF, and

reserves. The DAP amounts are

intended for harvest by U.S. fishermen

for delivery and sale to U.S. processors.

JVP amounts are intended for joint

ventures in which U.S. fishermen

typically deliver their catches to foreign

processors at sea. TALFF amounts are

intended for harvest by foreign

fishermen.

Regulations at § 672.20(a)(2)(ii)

establish initial reserves equal to 20

percent of the TACs for pollock, Pacific

cod, flatfish species categories, and

‘‘other species.’’ Reserve amounts are set

aside for possible reapportionment to

DAP and/or JVP if the initial

apportionments prove inadequate.

Reserves that are not reapportioned to

DAP or JVP may be reapportioned to

TALFF according to § 672.20(d)(2).

The Council met from September 28

to October 5, 1994, and developed

recommendations for proposed 1995

TAC specifications for each species

category of groundfish on the basis of

the best available scientific information.

The Council also recommended other

management measures pertaining to the

1995 fishing year. Under

§ 672.20(c)(1)(ii), proposed GOA

groundfish specifications and

specifications for prohibited species

bycatch allowances for the groundfish

fishery of the GOA were published in

the Federal Register on December 22,

1994 (59 FR 65990). Interim amounts of

one-fourth the proposed TAC levels

were published in the Federal Register

on December 22, 1994 (59 FR 65975).

The final 1995 groundfish harvest

specifications and prohibited species

bycatch allowances contained in this

action supersede the interim

specifications.

The Council met on December 7–11,

1994, to review the best available

scientific information concerning

groundfish stocks, and to consider

public testimony regarding 1995

groundfish fisheries. Scientific

information is contained in the

November 1994 SAFE report for the

GOA. The November 1994 SAFE report

was prepared and presented by the GOA

Plan Team to the Council and the

Council’s Scientific and Statistical

Committee (SSC) and Advisory Panel

(AP) and includes the most recent

information concerning the status of

groundfish stocks based on the most

recent catch data, survey data, and

biomass projections using different

modeling approaches or assumptions.

For establishment of the acceptable

biological catches (ABCs) and TACs, the

Council considered information in the

SAFE report, recommendations from its

SSC and AP, as well as public

testimony. The SSC adopted the ABC

recommendations from the Plan Team,

which were provided in the SAFE

report, for all of the groundfish species

categories, except Pacific ocean perch

(POP), Pacific cod, and Atka mackerel.

The Plan Team separated black

rockfish from the pelagic shelf rockfish

and established an ABC for this species.

The SSC did not believe adequate

biological information is available to

separate this species and did not

recommend a separate category. The

Council accepted the advice of the SSC

and this action continues to include

black rockfish as a part of the pelagic

shelf rockfish group.
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations 8471

The Plan Team and the SSC

recommended removing redbanded

rockfish (Sebastes babcocki) from the

demersal shelf rockfish (DSR) group and

placing it in the ‘‘other rockfish’’

category because the harvest of this

species as bycatch in other fisheries can

result in closure of the DSR fishery

before other species components may be

harvested. Furthermore, redbanded

rockfish are caught as bycatch in the

‘‘other rockfish’’ category. The DSR and

‘‘other rockfish’’ TAC amounts are

adjusted in this action to reflect this

reclassification of redbanded rockfish.

The Council adopted the SSC’s ABC

recommendations for each species

category, except for POP. The Council’s

recommended ABCs reflect harvest

amounts that are less than the specified

overfishing amounts. These amounts are

listed in Table 1. The sum of 1995 ABCs

for all groundfish is 492,780 mt, which

is lower than the 1994 ABC total of

553,050 mt.

As in 1994, the SSC calculated the

ABC for POP by applying a fishing

mortality rate of F=0.078 adjusted by the

ratio of the current biomass to target

spawning biomass to provide for

rebuilding, which results in an ABC of

8,230 mt. Because this ABC is equal to

the overfishing level (OFL), the Plan

Team had further reduced this number

by F35%/F30% to provide a buffer

between the ABC and OFL, which

results in an ABC of 6,530 mt. As at the

September meeting, the SSC did not

agree with the latter adjustment and, as

it did in 1994, recommended that ABC

equal OFL. However, the Council

adopted the recommendation of the

Plan Team. The ABC for POP is set at

6,530 mt.

1. Specifications of TAC and

Apportionments Thereof Among DAP,

JVP, TALFF, and Reserves

The Council recommended TACs

equal to ABCs for pollock, Pacific cod,

sablefish, shortraker/rougheye rockfish,

pelagic shelf rockfish, DSR, thornyhead

rockfish, Atka mackerel, and northern

rockfish. The Council recommended

TACs less than the ABC for shallowwater and deep-water flatfish, other

slope rockfish, rex sole, flathead sole,

and arrowtooth flounder. The final 1995

ABCs, TACs, and OFLs are shown in

Table 1. The sum of the TACs for all

GOA groundfish is 279,463 mt, which is

within the OY range specified by the

FMP. The sum of the TACs is lower

than the 1994 TAC sum of 304,595 mt.

The 1995 POP ABC was

approximately double the 1994 ABC

level. This caused some concern for the

Council in establishing a 1995 TAC that

was significantly higher than the 1994

TAC. Therefore, the Council requested

staff to prepare an FMP amendment to

the POP rebuilding plan that would

establish an upperbound TAC limit but

allow the Council to establish TAC

below that limit. The current POP

rebuilding plan does not allow a TAC to

be set that differs from that specified in

the rebuilding plan. However, until the

FMP has been amended, NMFS must

establish a POP TAC consistent with the

current POP rebuilding plan, or 5,630

mt. NMFS recognizes the Council’s

intent, but is required to specify a TAC

consistent with the FMP until the FMP

is amended to allow a more

conservative TAC and a more rapid

rebuilding schedule.

The Plan Team’s ABC

recommendation for Pacific cod

(108,000 mt) was approximately double

the 1994 ABC (50,400 mt). This was

due, in part, to a change from the

length-based stock assessment model to

a stock synthesis model that used a

different recruitment assumption, and

that had fitted survey selectivity of

catch along with natural mortality rate.

However, the SSC was concerned with

the Plan Team recommendation because

the stock has been declining since 1987

and, with an average recruitment rate,

the stock is projected to decline under

any catch rate. The SSC advised using

a more conservative F40% exploitation

rate. The resulting ABC is 69,200 mt.

The AP recommended a TAC equal to

the SSC’s ABC. This level was accepted

by the Council. The 1995 TAC for

Pacific cod is set at 69,200 mt.

The Council recommended setting the

TAC for the various flatfish groups

equal to the 1994 TAC amounts except

for the Central Gulf (CG) TAC for

arrowtooth flounder. The Council

recommended increasing the CG TAC

for arrowtooth flounder from 20,000 mt

to 25,000 mt, to accommodate

anticipated increased groundfish

harvest in this area of the GOA. The

1995 TAC for various flatfish groups

reflect these recommendations.

The Council approved the AP

recommendation of adopting the 1994

TAC amounts for flathead sole as the

1995 TAC amounts. In the GOA Eastern

Regulatory Area, the 1994 TAC amount

(3,000 mt) is higher than the Council’s

recommended 1995 ABC (2,740 mt). To

maintain consistency with the accepted

policy of setting TACs lower than or

equal to ABC amounts, NMFS is

establishing a 1995 TAC of 2,740 mt for

the Eastern Regulatory Area. This

number is equal to the 1995 ABC

recommended by the Plan Team and the

SSC and approved by the Council.

Adjustment of the flathead sole TAC in

the Eastern Regulatory Area changes the

total 1995 flathead sole TAC to 9,740

mt. This revision is also reflected in the

1995 TAC for ‘‘other species.’’ NMFS

establishes a TAC of 13,308 mt for

‘‘other species’’ which represents 5

percent of the sum of the TACs for the

other groundfish species categories.

The Council, after specifying the

TACs, recommended 1995

apportionments of the TACs for each

species category among DAP, JVP,

TALFF, and reserves. Existing

harvesting and processing capacity of

the U.S. industry is capable of utilizing

the entire 1995 TAC specification for

GOA groundfish; therefore, the Council

recommended that the DAP allowance

equal the TAC for each species category.

NMFS concurs and no TALFF or JVP

apportionments for the 1995 fishing

year are specified.

NMFS reviewed the Council’s

recommendations concerning TAC

specifications and apportionments.

Except as noted, NMFS hereby approves

the Council’s recommendations and

specifications under

§ 672.20(c)(1)(ii)(B).

The 1995 ABCs, TACs, and

overfishing levels are shown in Table 1.

TABLE 1.—1995 ABCS, TACS, AND DAPS OF GROUNDFISH (METRIC TONS) FOR THE WESTERN/CENTRAL (W/C), WESTERN (W), CENTRAL (C), AND EASTERN (E) REGULATORY AREAS AND IN THE WEST YAKUTAT (WYK), SOUTHEAST

OUTSIDE (SEO), AND GULF-WIDE (GW) DISTRICTS OF THE GULF OF ALASKA. AMOUNTS SPECIFIED AS JOINT VENTURE PROCESSING (JVP) AND TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING (TALFF) ARE PROPOSED TO BE

ZERO AND ARE NOT SHOWN IN THIS TABLE. RESERVES ARE APPORTIONED TO DAP

Species Area1 ABC TAC=DAP Overfishing

Pollock 2

Shumagin ..................................................................................................................... (61) 30,380 30,380}

Chirikof ......................................................................................................................... (62) 15,310 15,310} 266,000
8472 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations

TABLE 1.—1995 ABCS, TACS, AND DAPS OF GROUNDFISH (METRIC TONS) FOR THE WESTERN/CENTRAL (W/C), WESTERN (W), CENTRAL (C), AND EASTERN (E) REGULATORY AREAS AND IN THE WEST YAKUTAT (WYK), SOUTHEAST

OUTSIDE (SEO), AND GULF-WIDE (GW) DISTRICTS OF THE GULF OF ALASKA. AMOUNTS SPECIFIED AS JOINT VENTURE PROCESSING (JVP) AND TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING (TALFF) ARE PROPOSED TO BE

ZERO AND ARE NOT SHOWN IN THIS TABLE. RESERVES ARE APPORTIONED TO DAP—Continued

Species Area1 ABC TAC=DAP Overfishing

Kodiak ........................................................................................................................... (63) 16,310 16,310}

Subtotal ................................................................................................................. W/C 62,000 62,000

E 3,360 3,360 14,400

Total ............................................................................................................... 65,360 65,360 280,400

Pacific cod 3

Inshore ............................................................................................................................. W ................... 18,090

Offshore ........................................................................................................................... W ................... 2,010

Inshore ............................................................................................................................. C ................... 41,085

Offshore ........................................................................................................................... C ................... 4,565

Inshore ............................................................................................................................. E ................... 3,105

Offshore ........................................................................................................................... E ................... 345

Subtotals

W 20,100 20,100

C 45,650 45,650

E 3,450 3,450

Total ............................................................................................................... 69,200 69,200 126,000

Flatfish 4 (deep-water) .......................................................................................................... W 670 460

C 8,150 7,500

E 5,770 3,120

Total ............................................................................................................... 14,590 11,080 17,040

Rex sole 4 ............................................................................................................................. W 1,350 800

C 7,050 7,050

E 2,810 1,840

Total ............................................................................................................... 11,210 9,690 13,091

Flathead sole ....................................................................................................................... W 8,880 2,000

C 17,170 5,000

E 2,740 2,740

Total ............................................................................................................... 28,790 9,740 31,557

Flatfish 5 (shallow-water) ...................................................................................................... W 26,280 4,500

C 23,140 12,950

E 2,850 1,180

Total ............................................................................................................... 52,270 18,630 60,262

Arrowtooth flounder ............................................................................................................. W 28,400 5,000

C 141,290 25,000

E 28,440 5,000

Total ............................................................................................................... 198,130 35,000 231,416

Sablefish 6 ............................................................................................................................ W 2,600 2,600

C 8,600 8,600

WYK 4,100 4,100

SEO 6,200 6,200

Total ............................................................................................................... 21,500 21,500 25,730

Pacific ocean perch 7 ........................................................................................................... W 1,180 1,014 1,482

C 3,130 2,702 3,951

E 2,220 1,914 2,799

Total ............................................................................................................... 6,530 5,630 8,232

Short raker rougheye 8 ......................................................................................................... W 170 170

C 1,210 1,210

E 530 530

Total ............................................................................................................... 1,910 1,910 2,925

Other rockfish 9 10 11 ............................................................................................................. W 180 55
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations 8473

TABLE 1.—1995 ABCS, TACS, AND DAPS OF GROUNDFISH (METRIC TONS) FOR THE WESTERN/CENTRAL (W/C), WESTERN (W), CENTRAL (C), AND EASTERN (E) REGULATORY AREAS AND IN THE WEST YAKUTAT (WYK), SOUTHEAST

OUTSIDE (SEO), AND GULF-WIDE (GW) DISTRICTS OF THE GULF OF ALASKA. AMOUNTS SPECIFIED AS JOINT VENTURE PROCESSING (JVP) AND TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING (TALFF) ARE PROPOSED TO BE

ZERO AND ARE NOT SHOWN IN THIS TABLE. RESERVES ARE APPORTIONED TO DAP—Continued

Species Area1 ABC TAC=DAP Overfishing

C 1,170 370

E 5,760 1,810

Total ............................................................................................................... 7,110 2,235 8,395

Northern Rockfish 12 ............................................................................................................ W 640 640

C 4,610 4,610

E 20 20

Total ............................................................................................................... 5,270 5,270 9,926

Pelagic shelf rockfish 13 ....................................................................................................... W 910 910

C 3,200 3,200

E 1,080 1,080

Total ............................................................................................................... 5,190 5,190 8,704

Demersal shelf rockfish 11 ................................................................................................... SEO 580 580 1,044

Thornyhead rockfish ............................................................................................................ GW 1,900 1,900 2,660

Atka mackerel ...................................................................................................................... W ................... 2,310

C ................... 925

E ................... 5

Total ............................................................................................................... 3,240 3,240 11,700

Other species14 ................................................................................................................... GW 15 N/A 13,308

Total 16 ............................................................................................................ 492,780 279,463 839,082

1 Regulatory areas and districts are defined at § 672.2. 2Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3), each of which is further divided

into equal quarterly allowances. In the Eastern Regulatory Area, pollock is not divided into quarterly allowances. 3Pacific cod is allocated 90 percent to the inshore, and 10 percent to the offshore component. Component allowances are shown in Table 4.

4 ‘‘Deep-water flatfish’’ means Dover sole and Greenland turbot.

5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.

6Sablefish is allocated to trawl and hook-and-line gears (Table 2).

7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Shortraker/rougheye rockfish’’ means Sebastes borealis (shortraker) and S. aleutianus (rougheye). 9 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf rockfish. The category ‘‘other rockfish’’ in the Southeast Outside District means slope rockfish. 10 ‘‘Slope rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri

(darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S.

zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion),

and S. reedi (yellowmouth). 11 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.

helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). 12 ‘‘Northern rockfish’’ means Sebastes polyspinis. 13 ‘‘Pelagic shelf rockfish’’ means Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S. entomelas (widow), and S. flavidus

(yellowtail). 14 ‘‘Other species’’ means sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC for ‘‘other species’’ equals 5 percent of the TACs of target species. 15 ‘‘N/A’’ means not applicable. 16The total ABC is the sum of the ABCs for target species.

2. Apportionment of Reserves to DAP

Regulations implementing the FMP

require 20 percent of each TAC for

pollock, Pacific cod, flatfish species,

and the ‘‘other species’’ category be set

aside in reserves for possible

apportionment at a later date

(§ 672.20(a)(2)(ii)). For the preceding 7

years, including 1994, NMFS has

apportioned all of the reserves to DAP.

For 1995, NMFS apportions reserves for

each species category to DAP,

anticipating that domestic harvesters

and processors will need all the DAP

amounts. Specifications of DAP shown

in Table 1 reflect apportioned reserves.

Under § 672.20(d)(5)(iv), the public may

submit comments on the

apportionments of reserves. Comments

should focus on whether, and the extent

to which, operators of vessels of the

United States will harvest reserve or

DAP amounts during the remainder of

the year and whether, and the extent to

which, U.S. harvested groundfish can or

will be processed by U.S. fish

processors or received at sea by foreign

fishing vessels.

3. Assignment of the Sablefish TACs to

Authorized Fishing Gear Users

Under § 672.24(c), sablefish TACs for

each of the regulatory areas and districts

are assigned to hook-and-line and trawl

gear. In the Western and Central

Regulatory Areas, 80 percent of each

TAC is assigned to hook-and-line gear

and 20 percent to trawl gear. In the

Eastern Regulatory Area, 95 percent of

the TAC is assigned to hook-and-line

gear and 5 percent is assigned to trawl

gear. The trawl gear allocation in the

Eastern Regulatory Area may only be
8474 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations

used as bycatch to support directed

fisheries for other target species.

Sablefish caught in the GOA with gear

other than hook-and-line or trawl gear

must be treated as prohibited species

and may not be retained. Table 2 shows

the assignments of the 1995 sablefish

TACs between hook-and-line and trawl

gear.

TABLE 2.—1995 SABLEFISH TAC SPECIFICATIONS IN THE GULF OF ALASKA AND ASSIGNMENTS THEREOF TO HOOK-ANDLINE AND TRAWL GEAR. VALUES ARE IN METRIC TONS

Area/district TAC Hook-and-line

share Trawl share

Western ........................................................................................................................................ 2,600 2,080 520

Central .......................................................................................................................................... 8,600 6,880 1,720

West Yakutat ................................................................................................................................ 4,100 3,895 205

Southeast Outside ........................................................................................................................ 6,200 5,890 310

Total ...................................................................................................................................... 21,500 18,745 2,755

4. Apportionments of Pollock TAC

Among Regulatory Areas, Seasons, and

Between Inshore and Offshore

Components

In the GOA, pollock is apportioned by

area, season, and inshore/offshore

components. Regulations at

§ 672.20(a)(2)(iv) require that the TAC

for pollock in the combined Western

and Central Areas of the GOA be

apportioned among statistical areas

Shumagin (61), Chirikof (62), and

Kodiak (63) in proportion to known

distributions of the pollock biomass.

This measure was intended to provide

spatial distribution of the pollock

harvest as a sea lion protection measure.

Each statistical area apportionment is

further divided equally among the four

quarterly reporting periods of the

fishing year (Table 3). Within any

fishing year, any unharvested amount of

any quarterly allowance of pollock TAC

is added in equal proportions to the

quarterly allowance of following

quarters, resulting in a sum for each

quarter that does not exceed 150 percent

of the initial quarterly allowance.

Similarly, harvests in excess of a

quarterly allowance of TAC are

deducted in equal proportions from the

remaining quarterly allowances of that

fishing year. As defined at § 672.23(f),

directed fishing for the four quarterly

allowances starts on January 1, June 1,

July 1, and October 1. The Eastern

Regulatory Area pollock TAC of 3,360

mt is not allocated among smaller areas,

or quarters.

Regulations at § 672.20(a)(2)(v)(A)

require that the DAP apportionment for

pollock in all regulatory areas and all

quarterly allowances thereof be divided

into inshore and offshore components.

One hundred percent of the pollock

DAP in each regulatory area is

apportioned to the inshore component

after subtraction of amounts that are

determined by the Regional Director to

be necessary to support the bycatch

needs of the offshore component in

directed fisheries for other groundfish

species. At this time, incidental

amounts of pollock to be caught by the

offshore component are unknown, and

will be determined during the fishing

year.

TABLE 3.—DISTRIBUTION OF POLLOCK IN THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GULF OF ALASKA (W/

C GOA); BIOMASS DISTRIBUTION, AREA APPORTIONMENTS, AND QUARTERLY ALLOWANCES. ABC FOR THE W/C GOA

IS 62,000 METRIC TONS (MT). BIOMASS DISTRIBUTION IS BASED ON 1993 SURVEY DATA. TACS ARE EQUAL TO

ABC. INSHORE AND OFFSHORE ALLOCATIONS OF POLLOCK ARE NOT SHOWN. ABCS AND TACS ARE ROUNDED TO

THE NEAREST 10 MT

Statistical area Biomass percent 1995 TAC Quarterly allowance

Shumagin (61) ............................................................................................................................ 49 30,380 7,595

Chirikof (62) ................................................................................................................................ 24.7 15,310 3,826

Kodiak (63) ................................................................................................................................. 26.3 16,310 4,078

Total .................................................................................................................................... 100.0 62,000 15,499

5. Apportionment of Pacific Cod TAC

Between Inshore and Offshore

Components

Regulations at § 672.20(a)(2)(v)(B)

require that the DAP apportionment of

Pacific cod in all regulatory areas be

allocated to vessels catching Pacific cod

for processing by the inshore and

offshore components. The inshore

component is equal to 90 percent of the

Pacific cod TAC in each regulatory area.

The remaining 10 percent of the TAC

assigned to the offshore component.

Inshore and offshore allocations of the

69,200 mt Pacific cod TAC for 1995 are

shown in Table 4.

TABLE 4.—1995 ALLOCATION (METRIC TONS) OF PACIFIC COD IN THE GULF OF ALASKA; ALLOCATIONS TO INSHORE AND

OFFSHORE COMPONENTS

Regulatory area TAC

Component allocation

Inshore (90%) Offshore

(10%)

Western ........................................................................................................................................ 20,100 18,090 2,010

Central .......................................................................................................................................... 45,650 41,085 4,565
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations 8475

TABLE 4.—1995 ALLOCATION (METRIC TONS) OF PACIFIC COD IN THE GULF OF ALASKA; ALLOCATIONS TO INSHORE AND

OFFSHORE COMPONENTS—Continued

Regulatory area TAC

Component allocation

Inshore (90%) Offshore

(10%)

Eastern ......................................................................................................................................... 3,450 3,105 345

Total ...................................................................................................................................... 69,200 62,280 6,920

6. ‘‘Other Species’’ TAC

The FMP specifies that the TAC

amount for the ‘‘other species’’ category

is calculated as 5 percent of the 1995

combined TACs for target species. This

results in a TAC amount of 13,308 mt

for 1995.

7. PSC Limits Relevant to Fully Utilized

Species

Under § 672.20(b)(1), if NMFS

determines, after consultation with the

Council, that the TAC for any species or

species group will be fully utilized in

the DAP fishery, a groundfish PSC limit

applicable to the JVP fisheries may be

specified for that species or species

group.

The Council recommended that DAP

equal TAC for each species category.

NMFS concurs with the Council’s

recommendation, and has not

established any JVP amounts; therefore,

no groundfish PSC limits under

§ 672.20(b)(1) are necessary.

8. Closures to Directed Fishing

The interim 1995 initial specifications

of groundfish, associated management

measures, and closures for the GOA (59

FR 659575, December 22, 1994)

contained several closures to directed

fishing for groundfish during 1995. The

closures for the final specifications are

listed in Table 5.

Under § 672.20(c)(2)(ii), the Director,

Alaska Region, NMFS (Regional

Director), determined that the entire

TACs or allocations of TAC of some

groundfish species and species groups

will be needed as incidental catch to

support other anticipated groundfish

fisheries during 1995. The Regional

Director is establishing directed fishing

allowances of zero mt and prohibiting

directed fishing for the remainder of the

year for the fisheries listed in Table 5.

Directed fishing standards for the

aforementioned closures may be found

at § 672.20(g).

TABLE 5.—CLOSURES TO DIRECTED FISHING FOR TOTAL ALLOWABLE CATCHES IMPLEMENTED BY THIS ACTION.1

OFFSHORE=THE OFFSHORE COMPONENT; TRW=TRAWL; ALL=ALL GEARS; WG=WESTERN REGULATORY AREA;

CG=CENTRAL REGULATORY AREA; EG=EASTERN REGULATORY AREA; GOA=ENTIRE GULF OF ALASKA

Fishery Component Gear Closed areas

Atka mackerel .................................................................................................................................... ALL GOA

Northern rockfish ................................................................................................................................ ALL WG, EG

Deep-water flatfish ............................................................................................................................. ALL WG

Other rockfish 2 .................................................................................................................................. ALL WG, CG

Pacific cod .......................................................................................................................................... Offshore ALL EG

Pacific ocean perch ........................................................................................................................... ALL WG, CG

Rex sole ............................................................................................................................................. ALL WG

Sablefish ............................................................................................................................................ TRW WG, CG

Shortraker/rougheye rockfish ............................................................................................................. ALL GOA

Thornyhead rockfish .......................................................................................................................... ALL GOA

1These closures to directed fishing are in addition to closures and prohibitions found in regulations at 50 CFR part 672.

2 ‘‘Other rockfish’’ includes slope and demersal shelf rockfish in the WG and CG.

In addition to the above closures,

NMFS closed statistical areas 62 and 63

to directed fishing for pollock effective

noon, A.l.t., January 24, 1995 (60 FR

5337, January 27, 1995; 60 FR 5338,

January 27, 1995), under authority of the

interim 1995 specifications. In

accordance with § 672.20(c)(2)(ii), the

closure for Statistical Area 63 will

remain in effect until noon, A.l.t., April

1, 1995, or until changed by subsequent

notification in the Federal Register. The

Director, Alaska Region, NMFS,

determined that the remaining quarterly

allowance of pollock TAC in Statistical

Area 62 is sufficient to allow a 48-hour

directed fishery. In a separate

notification in the Federal Register,

NMFS is reopening directed fishing for

pollock in Statistical Area 62 from 12

noon, A.l.t., February 8, 1995 until 12

noon, A.l.t., February 10, 1995. Effective

12 noon, A.l.t., February 10, 1995, the

closure to directed fishing for pollock in

Statistical Area 62 is reinstated. In

accordance with § 672.20(c)(2)(ii), the

closure for Statistical Area 62 will

remain in effect until 12 noon, A.l.t.,

April 1, 1995, or until changed by

subsequent notification in the Federal

Register. Directed fishing standards for

applicable gear types may be found in

the regulations at § 672.20(g). Pursuant

to § 672.23(f), directed fishing for

pollock is prohibited after the first

quarter ends on noon, April 1, 1995,

until the second quarter directed fishery

opens at 12 noon, A.l.t., June 1, 1995.

9. Halibut PSC (PSC) Mortality Limits

Under § 672.20(f)(2), annual Pacific

halibut PSC limits are established and

apportioned to trawl and hook-and-line

gear and are established for pot gear.

The Council recommended that NMFS

initiate rulemaking to exempt the hookand-line sablefish fishery from the

halibut PSC limit. The sablefish and

halibut Individual Fishing Quota (IFQ)

program will be implemented in 1995,

and will allow legal-sized halibut to be

retained in the sablefish fishery. A

proposed rule to implement the

Council’s recommendation was

published in the Federal Register on

December 29, 1994 (59 FR 67268). If

made final, this would also specify a

reduced halibut PSC limit for the 1995
8476 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations

GOA hook-and-line gear fisheries other

than sablefish.

At its December 1994 meeting, the

Council recommended a hook-and-line

PSC limit of 300 mt, based on the

proposed exemption of the hook-andline sablefish fishery. Until the

regulatory amendment to authorize the

exemption of hook-and-line sablefish is

approved, NMFS is specifying the PSC

limits of 750 mt for hook-and-line and

2,000 mt for trawl gear. The hook-andline halibut PSC limit is further

apportioned between the DSR fishery

(10 mt halibut mortality) and all other

hook-and-line fisheries (740 mt). The

final rule to exempt hook-and-line

sablefish, if approved, would establish

the hook-and-line PSC limit at 300 mt,

as recommended by the Council.

Regulations at § 672.20(f)(1)(i)

authorize separate apportionments of

the trawl halibut bycatch mortality limit

between trawl fisheries for deep-water

and shallow-water species. These

apportionments are divided seasonally

to avoid seasonally high halibut bycatch

rates.

As in the proposed specifications, the

Council recommended that pot gear be

exempt from Pacific halibut PSC limits

for the 1995 fishing year. The Council

proposed this exemption after

considering that the 1994 groundfish

catch and associated halibut bycatch

mortality (4 mt), which continues to be

low relative to other groundfish

operations. NMFS concurs with the

Council’s recommendation.

In making its determinations with

respect to halibut PSC mortality limits,

NMFS considered information

presented in the 1994 SAFE report; in

addition, information from Alaska

Department of Fish and Game, the

International Pacific Halibut

Commission (IPHC) and public

testimony also were considered. The

proposed 1995 specifications discuss:

(1) Estimated halibut bycatch in prior

years; (2) current estimates of halibut

biomass and stock condition; (3)

potential impacts of expected fishing for

groundfish on halibut stocks and U.S.

halibut fisheries; and (4) methods

available for, and costs of, reducing

halibut bycatches in groundfish

fisheries. That discussion is not

repeated here. The following

information was also considered:

A. Expected Changes in Groundfish

Stocks

At its December 1994 meeting, the

Council adopted lower ABCs for

pollock, deep-water flatfish, rex sole,

flathead sole, sablefish, pelagic shelf

rockfish, DSR, Atka mackerel,

arrowtooth flounder, shortraker/

rougheye, ‘‘other’’ rockfish, and

northern rockfish, than those

established for 1994. The Council

adopted higher ABCs for Pacific cod,

shallow-water flatfish, POP, and

thornyhead rockfish than those

established for 1994. More information

on these changes is included in the

Final SAFE Report dated November

1994 and in the Council and SSC

minutes.

B. Expected Changes in Groundfish

Catch

The total of the 1995 TACs for the

GOA is 279,463 mt, a slight decrease

from the 1994 TAC total of 304,595 mt.

At its December 1994 meeting, the

Council changed the 1995 TACs for

some fisheries from the 1994 TACs.

Those fisheries for which the 1995

TACs are lower than in 1994 are pollock

(decreased to 65,360 mt from 109,300

mt), rex sole (decreased to 9,690 mt

from 10,140), flathead sole (decreased to

9,740 mt from 10,000 mt), sablefish

(decreased to 21,500 mt from 25,500

mt), shortraker/rougheye (decreased to

1,910 mt from 1,960 mt), northern

rockfish (decreased to 5,270 from 5,760

mt), pelagic shelf rockfish (decreased to

5,190 mt from 6,890 mt), DSR

(decreased to 580 mt from 960 mt), and

Atka mackerel (decreased to 3,240 mt

from 3,505 mt). Those species for which

the 1995 TAC is higher than in 1994 are

Pacific cod (increased to 69,200 mt from

50,400 mt), arrowtooth flounder

(increased to 35,000 mt from 30,000 mt),

POP (increased to 5,630 mt from 2,550

mt), and thornyhead rockfish (increased

to 1,900 mt from 1,180 mt).

10. Seasonal Allocations of the Halibut

PSC Limits

Under § 672.20(f)(1)(iii), NMFS

seasonally allocates the halibut PSC

limits based on recommendations from

the Council. The FMP requires that

certain information be considered by the

Council in recommending seasonal

allocations of halibut. The publication

of the final 1994 groundfish and PSC

specifications (59 FR 7647, February 16,

1994) summarizes Council findings with

respect to each of the FMP

considerations. At this time, the

Council’s findings are unchanged from

those set forth for 1994. Pacific halibut

PSC limits, and apportionments thereof,

are presented in Table 6. Regulations

specify that any overages or shortfalls in

a seasonal apportionment of a PSC limit

will be deducted from or added to the

next respective seasonal apportionment

within the 1995 season.

As noted above, the Council requested

a change in the hook-and-line PSC limit

for 1995, which would be established in

a separate rulemaking exempting the

hook-and-line sablefish from the PSC

limit. Until that final rule becomes

effective, NMFS is establishing the same

allowances for 1995 as were used in

1994.

TABLE 6.—FINAL 1995 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS. THE PACIFIC HALIBUT PSC

LIMIT FOR HOOK-AND-LINE GEAR IS ALLOCATED TO THE DEMERSAL SHELF ROCKFISH (DSR) FISHERY AND FISHERIES

OTHER THAN DSR. VALUES ARE IN METRIC TONS

Trawl gear Hook-and-line gear

Dates Amount

Other than DSR DSR

Dates Amount Dates Amount

Jan 1–Mar 31 ........................ 600(30%) Jan 1–May 17 ....................... 200(27%) Jan 1–Dec 31 ....................... 10(100%)

Apr 1–June 30 ....................... 400(20%) May 18–Aug 31 .................... 500(68%)

Jul 1–Sep 30 ......................... 600(30%) Sep 1–Dec 31 ....................... 40(5%)

Oct 1–Dec 31 ........................ 400(20%)

Total ............................... 2,000(100%) ............................................... 740(100%) ............................................... 10(100%)

Regulations at § 672.20(f)(1)(i)

authorize apportionments of the trawl

halibut PSC limit allowance as bycatch

allowances to a deep-water species

complex and a shallow-water species

complex. The deep-water species
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations 8477

complex consists of sablefish, rockfish,

deep-water flatfish, and arrowtooth

flounder. The shallow-water species

complex consists of pollock, Pacific cod,

shallow-water flatfish, flathead sole,

Atka mackerel, and ‘‘other species.’’ The

apportionment for these two complexes

is presented in Table 7.

TABLE 7.—FINAL 1995 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE DEEP-WATER SPECIES

COMPLEX AND THE SHALLOW-WATER SPECIES COMPLEX. VALUES ARE IN METRIC TONS

Season Shallow-water Deep-water Total

Jan. 20–Mar. 31 ........................................................................................................................... 500 100 600

Apr. 1–Jun. 30 .............................................................................................................................. 100 300 400

Jul. 1–Sep. 30 .............................................................................................................................. 200 400 600

Oct. 1–Dec. 31 ............................................................................................................................. No apportionment between shallow and deep for

the 4th quarter.

Except as noted below, the Council

proposed that revised halibut discard

mortality rates recommended by the

IPHC be adopted for purposes of

monitoring halibut bycatch mortality

limits established for the 1995

groundfish fisheries. These assumed

halibut mortality rates are based on an

average of mortality rates determined

from NMFS-observer data collected

during 1992 and 1993, except for the

GOA hook-and-line rockfish, for which

1992/93 rates were not available and the

rates from 1990 and 1991 were used. For

most fisheries, the 1992–93 averages, on

which the 1995 mortality rates are

based, are somewhat higher than the

assumed rate used in 1994. This occurs

because the rates used in 1994 were a

rollover of the 1993 rates, which had

been derived from data for 1990 and

1991.

The Council recommended

establishing two separate mortality rates

for the GOA bottom trawl pollock

fishery: 63 percent for shoreside

processors and 74 percent for at-sea

processors. The different rates for at-sea

and shoreside processors result from

analyses by the IPHC that showed that

at-sea processing vessels had a

significantly higher discard mortality

rate than the shorebased operators. The

rates for the bottom trawl pollock

fishery are revised from the proposed

specifications. The rates recommended

by the Council are adopted and will be

used in calculating halibut mortality.

However, NMFS notes that directed

fishing for GOA pollock by the offshore

component is prohibited under

§ 672.20(a)(2)(v) and that at-sea

processing of pollock would be

unlikely.

The Council proposed adjusting the

IPHC’s recommendation for GOA Pacific

cod hook-and-line and trawl mortality

rates. The IPHC recommended assumed

mortality rates of 20 percent and 58

percent, respectively. The Council

recommended setting the Pacific cod

hook-and-line halibut mortality rate at

12.5 percent and the trawl rate at 55

percent. NMFS has evaluated the

Council’s recommendation but adopts

mortality rates suggested by the IPHC

for 1995, which is the best information

available on assumed mortality rates.

The IPHC determined that the careful

release measures implemented for

vessels using hook-and-line gear did not

show appreciable improvements in

mortality rates and has recommended

one rate for both observed and

unobserved vessels in the hook-and-line

fisheries. This action was approved by

the Council and is adopted by NMFS.

The halibut mortality rates are listed in

Table 8.

TABLE 8.—1995 ASSUMED PACIFIC HALIBUT MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF ALASKA. TABLE

VALUES ARE PERCENT OF HALIBUT BYCATCH ASSUMED TO BE DEAD

Gear and Target

Hook-and-Line:

Sablefish ................................................................................................................................................................................................. 25

Pacific cod .............................................................................................................................................................................................. 20

Rockfish .................................................................................................................................................................................................. 18

Trawl:

Midwater pollock .................................................................................................................................................................................... 66

Rockfish .................................................................................................................................................................................................. 66

Shallow-water flatfish ............................................................................................................................................................................. 64

Pacific cod .............................................................................................................................................................................................. 58

Deep-water flatfish ................................................................................................................................................................................. 59

Bottom pollock:

Shoreside ............................................................................................................................................................................................... 63

At-sea ..................................................................................................................................................................................................... 74

Pot:

Pacific cod .............................................................................................................................................................................................. 18

Opening Date of the Directed Fishery

for Sablefish for Hook-and-Line Gear

Under new regulations implementing

the IFQ program (50 CFR part 676) in

1995, the opening of the sablefish

fishery is March 1.

Comments

Written comments on the proposed

1994 specifications and other

management measures were requested

until January 20, 1995 (59 FR 65990;

December 22, 1994). No written

comments were received.

Classification

This action is authorized under 50

CFR 611.92 and 672.20; and is exempt

from review under E.O. 12866.
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