`[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Pages 12149-12152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5392]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 672 and 675

[Docket No. 95022357-5057-01; I.D. 120594A]
RIN 0648-AG95


Groundfish of the Gulf of Alaska; Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area; Pacific Halibut Bycatch

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

ACTION: Final rule; final 1995 specification of Pacific halibut bycatch 
allowances.

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SUMMARY: NMFS issues a final rule to revise the management of seasonal 
Pacific halibut bycatch allowances annually specified for nontrawl 
fisheries in the Bering Sea and Aleutian Islands management area 
(BSAI). This final rule also provides NMFS the authority to determine 
annually whether to apportion a halibut bycatch allowance to the BSAI 
jig gear fishery or the BSAI or Gulf of Alaska (GOA) hook-and-line gear 
fisheries for sablefish or to exempt these fisheries from halibut 
bycatch restrictions. Final 1995 halibut bycatch allowances for the GOA 
hook-and-line gear fisheries and the BSAI nontrawl fisheries, seasonal 
apportionments thereof, and the manner in which these seasonal 
apportionments will be managed under the final rule are specified. This 
action is necessary to manage halibut bycatch allowances consistent 
with seasonal apportionments of groundfish total allowable catch (TAC) 
amounts, prevent preemption of the BSAI jig gear fisheries by the 
attainment of halibut bycatch allowances apportioned to other nontrawl 
fisheries, and support the implementation of the sablefish/halibut 
individual fishing quota (IFQ) program. This action is intended to 
promote management and conservation of groundfish and other fish 
resources and to further the objectives contained in the fishery 
management plans for Alaska groundfish fisheries.

EFFECTIVE DATE: April 3, 1995.

ADDRESSES: Copies of the environmental assessment/regulatory impact 
review prepared for this action may be obtained from the Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802-1668, Attn: Lori J. Gravel.

FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by vessels in the exclusive economic zone of 
the GOA and BSAI is managed by NMFS according to the Fishery Management 
Plan (FMP) for Groundfish of the Gulf of Alaska and the FMP for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area. The 
FMPs were prepared by the North Pacific Fishery Management Council 
(Council) under the Magnuson Fishery Conservation and Management Act 
and are implemented by regulations governing the U.S. groundfish 
fisheries at 50 CFR parts 620, 672, 675, and 676.
    Regulations for the management of halibut bycatch limits 
established for the GOA groundfish fisheries are set out at 
Sec. 672.20(f). Regulations for the management of prohibited species 
bycatch limits established for the BSAI groundfish fisheries are set 
out at Sec. 675.21. A proposed rule was published in the Federal 
Register on December 29, 1994 (59 FR 67268), that would revise the 
management of the halibut bycatch limits established for the GOA hook-
and-line gear groundfish fisheries and the BSAI nontrawl groundfish 
fisheries. The proposed action would (1) address concerns about the 
potential closure of the BSAI jig gear fishery due to halibut bycatch 
in other nontrawl fisheries, (2) allow for the management of the 
seasonal apportionment of the halibut bycatch allowances annually 
specified for the BSAI Pacific cod hook-and-line gear fishery 
consistent with the management of the amount of Pacific cod TAC 
allocated to this fishery, and (3) authorize the exemption of the GOA 
and BSAI hook-and-line gear sablefish fishery from halibut bycatch 
restrictions to support the new sablefish/halibut IFQ program. Comments 
on the proposed [[Page 12150]] rule were invited through January 30, 
1995. No written comments were received within the comment period.

    Upon reviewing the reasons for revisions to regulations addressing 
the management of the halibut bycatch limits established for the GOA 
hook-and-line gear fisheries and the BSAI nontrawl fisheries, NMFS has 
determined that this final rule implementing the following measures is 
necessary for fishery conservation and management:

    1. Separately define the GOA sablefish hook-and-line gear fishery 
under Sec. 672.20(f)(1)(ii) and the BSAI groundfish jig gear fishery 
and the BSAI sablefish hook-and-line gear fishery under 
Sec. 675.21(b)(2)(ii) so that these fisheries annually either receive a 
separate halibut bycatch allowance or are exempted from halibut bycatch 
restrictions. These determinations will be implemented by NMFS, after 
consultation with the Council, as part of the annual specification 
process set out at Secs. 672.20(c) and 675.20(a)(7); and
    2. Authorize NMFS, after consultation with the Council, to specify 
annually how seasonal bycatch allowances established for the BSAI 
nontrawl fisheries will be reapportioned among remaining seasons during 
the same fishing year.

    Further explanation of, and reasons for, these measures are 
contained in the preamble to the proposed rule (59 FR 67268, December 
29, 1994).

Final 1995 Specifications of the Pacific Halibut Bycatch Mortality 
Limit Established for the BSAI Nontrawl Fisheries

    NMFS published with the proposed rule the proposed 1995 halibut 
bycatch allowances for the GOA hook-and-line gear fisheries and the 
BSAI nontrawl fisheries, seasonal apportionments thereof, and the 
manner in which these seasonal apportionments would be managed. The 
proposed specifications were recommended by the Council during its 
September 1994 meeting.

    At its December 1994 meeting, the Council recommended final halibut 
bycatch specifications under the assumption that this final rule would 
be implemented early in 1995. These final recommendations would exempt 
the 1995 GOA and BSAI sablefish hook-and-line gear fisheries from 
halibut bycatch restrictions and establish a 300 metric ton (mt) 
halibut bycatch mortality limit for the 1995 GOA hook-and-line gear 
fisheries.

    NMFS concurs with the Council's GOA halibut bycatch specifications 
for the hook-and-line gear fisheries as set out in Table 1. The 
justification for the 300 mt bycatch limit is discussed in the preamble 
to the proposed rule (59 FR 67268, December 29, 1994). This bycatch 
limit is apportioned between the demersal shelf rockfish fishery (10 
mt) and the ``other hook-and-line gear'' fisheries (290 mt). Over 80 
percent of the halibut bycatch mortality allowance apportioned to the 
``other hook-and-line gear'' fisheries is seasonally apportioned to the 
first 5 months of the year to support the hook-and-line gear fishery 
for Pacific cod. The remaining amount of this halibut bycatch mortality 
allowance is divided between the last two seasons of the year to 
support the hook-and-line gear fishery for rockfish.


 Table 1.--Final 1995 Pacific Halibut Bycatch Limit, Bycatch Allowances,
  and Seasonal Apportionments Thereof, for the GOA Hook-and-Line (H&L)  
                             Gear Fisheries                             
------------------------------------------------------------------------
                                                               Halibut  
                                                               bycatch  
                          Fishery                             mortality 
                                                            allowance in
                                                                 mt     
------------------------------------------------------------------------
Demersal shelf rockfish...................................  10 mt.      
Sablefish.................................................  Exempt.     
Other H&L gear fisheries                                                
  Jan. 1-May 14...........................................  242 mt.     
  May 15-Aug. 31..........................................  29 mt.      
  Sep. 1-Dec. 31..........................................  19 mt.      
    Total 1995 bycatch allowance specified for other H&L    290 mt.     
     fisheries.                                                         
                                                           -------------
      Total...............................................  300 mt      
------------------------------------------------------------------------


    NMFS also concurs with the Council's final recommendation for 1995 
BSAI nontrawl fishery halibut bycatch allowances as set out in Table 2. 
The halibut bycatch allowances are unchanged from those implemented 
under the final 1995 groundfish specifications published in the Federal 
Register February 14, 1995 (60 FR 8479). Under the authority of this 
final rule, however, Table 2 specifies that the BSAI sablefish hook-
and-line gear fishery is exempt from 1995 halibut-bycatch restrictions. 
Table 2 also specifies the accounting for any underharvest or 
overharvest of a seasonal apportionment of the Pacific cod halibut 
bycatch allowance.

  Table 2.--Final 1995 Pacific Halibut Bycatch Allowances, and Seasonal 
         Apportionments Thereof, for the BSAI Nontrawl Fisheries        
------------------------------------------------------------------------
                                                               Halibut  
                                                               bycatch  
                          Fishery                             mortality 
                                                            allowance in
                                                                 mt     
------------------------------------------------------------------------
Pacific cod hook-and-line\1\                                            
  Jan. 1-Apr. 30..........................................  475 mt.     
  May 1-Aug. 31...........................................  40 mt.      
  Sep. 1-Dec. 31..........................................  210 mt.     
                                                           -------------
      Total...............................................  725 mt.     
Sablefish hook-and-line...................................  Exempt.     
Jig gear..................................................  Exempt.     
Other nontrawl............................................  175 mt.     
Groundfish pot gear.......................................  Exempt.     
                                                           -------------
      Total...............................................  900 mt.     
------------------------------------------------------------------------
\1\Any unused portion of the first season's halibut bycatch allowance   
  specified for the Pacific cod hook-and-line gear fishery would be     
  reapportioned to the third seasonal allowance. Any overage of a       
  seasonal bycatch allowance specified for this fishery would be        
  deducted from the remaining seasonal bycatch allowances specified for 
  1995 in amounts proportional to these remaining seasonal bycatch      
  allowances.                                                           


    The specifications set out in Tables 1 and 2 supersede the halibut 
bycatch specifications for the GOA hook-and-line gear fisheries 
published in the Federal Register February 14, 1995 (60 FR 8470) and 
for the BSAI nontrawl fisheries published in the Federal Register 
February 14, 1995 (60 FR 8479), respectively.

    NMFS notes that separate halibut bycatch allowances may be 
established for the GOA and BSAI sablefish hook-and-line gear fisheries 
in future years under the annual specification process if halibut 
discard mortality in these fisheries is not reduced in the manner 
anticipated under the IFQ program.

Classification

    This final rule is exempt from review under E.O. 12866.

    The Assistant General Counsel of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this would not have a significant economic impact 
on a substantial number of small entities. The reasons were published 
in the Federal Register on December 29, 1994 (59 FR 67268). As a 
result, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Parts 672 and 675

    Fisheries, Reporting and recordkeeping requirements.


[[Page 12151]]

    Dated: February 28, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 672 and 675 
are amended as follows:

PART 672--GROUNDFISH OF THE GULF OF ALASKA

    1. The authority citation for part 672 continues to read as 
follows:

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

    2. In Sec. 672.20, paragraphs (f)(1)(ii) and (f)(3)(ii) are revised 
to read as follows:


Sec. 672.20  General limitations.

* * * * *
    (f) * * *
    (1) * * *
    (ii) Hook-and-line and pot gear fisheries. (A) After consultation 
with the Council, NMFS will publish notification in the Federal 
Register specifying the proposed and final halibut PSC limits for 
vessels using hook-and-line gear. The notification also may specify a 
halibut PSC limit for the pot gear fisheries. The halibut PSC limit 
specified for vessels using hook-and-line gear may be further 
apportioned, as bycatch allowances, to the fishery categories listed in 
paragraph (f)(1)(ii)(B) of this section, based on each category's 
proportional share of the anticipated halibut bycatch mortality during 
a fishing year and the need to optimize the amount of total groundfish 
harvest under the halibut PSC limit. The sum of all bycatch allowances 
will equal the halibut PSC limit established under this paragraph 
(f)(1)(ii).
    (B) For purposes of apportioning the hook-and-line halibut PSC 
limit among fisheries, the following fishery categories are specified 
and defined in terms of round-weight equivalents of those groundfish 
species for which a TAC has been specified under paragraphs (a) and (c) 
of this section:
    (1) Demersal shelf rockfish in the Southeast Outside District. 
Fishing with hook-and-line gear in the Southeast Outside District of 
the Eastern Regulatory Area of the Gulf of Alaska during any weekly 
reporting period that results in a retained catch of demersal shelf 
rockfish that is greater than the retained amount of any other fishery 
category defined under this paragraph (f)(1)(ii)(B).
    (2) Sablefish fishery. Fishing with hook-and-line gear during any 
weekly reporting period that results in a retained catch of sablefish 
that is greater than the retained amount of any other fishery category 
defined under this paragraph (f)(1)(ii)(B).
    (3) Other hook-and-line gear fishery. Fishing with hook-and-line 
gear during any weekly reporting period that results in a retained 
catch of groundfish and is not a demersal shelf rockfish fishery or a 
sablefish fishery as defined under paragraphs (f)(1)(ii)(B) (1) and (2) 
of this section.
* * * * *
    (3) * * *
    (ii) Hook-and-line fisheries. If, during the fishing year, the 
Regional Director determines that U.S. fishing vessels participating in 
any of the three hook-and-line gear fishery categories listed in 
paragraph (f)(1)(ii)(B) of this section will catch the Pacific halibut 
bycatch allowance, or apportionments thereof, specified for that 
fishery category under paragraph (f)(1) of this section, NMFS will 
publish notification in the Federal Register closing the entire Gulf of 
Alaska or the applicable regulatory area or district to directed 
fishing with hook-and-line gear for each species and/or species group 
that comprises that fishing category.
* * * * *

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

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

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

    4. In Sec. 675.21, paragraph (b)(2)(ii) (B) and (C) are 
redesignated as paragraphs (b)(2)(ii) (D) and (E) respectively; 
paragraphs (b)(3)(ii) and (b)(3)(iii) are redesignated as paragraphs 
(b)(3)(ii)(A) and (b)(3)(ii)(B), respectively; newly redesignated 
paragraph (b)(2)(ii)(E) and paragraphs (b)(4) and (d) are revised; and 
new paragraphs (b)(2)(ii)(B), (b)(2)(ii)(C), (b)(3)(ii) heading, and 
paragraph (b)(3)(iii) are added to read as follows:


Sec. 675.21  Prohibited species catch (PSC) limitations.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (B) Sablefish hook-and-line fishery. Fishing with hook-and-line 
gear during any weekly reporting period that results in a retained 
catch of sablefish that is greater than the retained amount of any 
other groundfish species.
    (C) Groundfish jig gear fishery. Fishing with jig gear during any 
weekly reporting period that results in a retained catch of groundfish.
* * * * *
    (E) Other nontrawl fisheries. Fishing for groundfish with nontrawl 
gear during any weekly reporting period that results in a retained 
catch of groundfish and does not qualify as a Pacific cod hook-and-line 
fishery, a sablefish hook-and-line fishery, a groundfish jig gear 
fishery, or a groundfish pot gear fishery as defined under this 
paragraph (b)(2)(ii).
    (3) * * *
    (ii) Management of seasonal trawl fishery bycatch allowances.
* * * * *
    (iii) Management of seasonal nontrawl fishery bycatch allowances. 
(A) Any unused portion of a seasonal fishery bycatch allowance made 
under paragraph (b)(3)(i) of this section will be reapportioned to the 
fishery's remaining seasonal bycatch allowances during a current 
fishing year in a manner determined by NMFS, after consultation with 
the Council, based on the types of information listed under paragraph 
(b)(3)(i) of this section.
    (B) If a seasonal apportionment of a fishery bycatch allowance made 
under paragraph (b)(3)(i) of this section is exceeded, the amount by 
which the seasonal apportionment is exceeded will be deducted from the 
fishery's remaining seasonal bycatch allowances during a current 
fishing year in a manner determined by NMFS, after consultation with 
the Council, based on the types of information listed under paragraph 
(b)(3)(i) of this section.
    (4) NMFS will publish annually in the Federal Register the proposed 
and final bycatch allowances, seasonal apportionments thereof, and the 
manner in which seasonal apportionments of nontrawl fishery bycatch 
allowances will be managed, as required under Sec. 675.20(a)(7). Public 
comment will be accepted by NMFS on the proposed bycatch allowances, 
seasonal apportionments thereof, and the manner in which seasonal 
apportionments of nontrawl fishery bycatch allowances will be managed, 
for a period of 30 days after publication in the Federal Register.
* * * * *
    (d) Attainment of a Pacific halibut nontrawl fishery bycatch 
allowance. If, during the fishing year, the Regional Director 
determines that U.S. fishing vessels participating in any of the 
nontrawl fishery categories listed in paragraphs (b)(2)(ii) (A) through 
(E) of this section will catch the Pacific halibut bycatch allowance, 
or seasonal apportionment thereof, specified for that fishery category 
under paragraph (b) of this section, NMFS will publish in the Federal 
Register the closure of the entire Bering Sea and Aleutian Islands 
management area to directed fishing [[Page 12152]] with the relevant 
gear type for each species and/or species group in that fishery 
category.

[FR Doc. 95-5392 Filed 3-3-95; 8:45 am]
BILLING CODE 3510-22-P`