Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16587

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 672

[Docket No. 950206041–5041–01; I.D.

032795A]

Groundfish of the Gulf of Alaska;

Deep-Water Species Fishery by

Vessels Using Trawl Gear in the Gulf

of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for species that comprise the

deep-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA). This action is necessary because

the first seasonal bycatch allowance of

Pacific halibut apportioned to the deepwater species fishery in the GOA has

been caught.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), March 27, 1995, until 12

noon, A.l.t., April 1, 1995.

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.

In accordance with § 672.20(f)(1)(i),

the deep-water species fishery, which is

defined at § 672.20(f)(1)(i)(B)(2), was

apportioned 100 metric tons of Pacific

halibut prohibited species catch for the

first season, the period January 20, 1995,

through March 31, 1995 (60 FR 8470,

February 14, 1995).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 672.20(f)(3)(i), that vessels

participating in the trawl deep-water

species fishery in the GOA have caught

the first seasonal bycatch allowance of

Pacific halibut apportioned to that

fishery. Therefore, NMFS is prohibiting

directed fishing for each species and

species group that comprises the deepwater species fishery by vessels using

trawl gear in the GOA. The species and

species groups that comprise the deepwater species fishery are: All rockfish of

the genera Sebastes and Sebastolobus,

Greenland turbot, Dover sole, Rex sole,

arrowtooth flounder, and sablefish.

Classification

This action is taken under 50 CFR

672.20 and is exempt from review under

E.O. 12866.

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

Dated: March 27, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–7903 Filed 3–27–95; 4:50 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 940710–4292; I.D. 010695A]

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Trawl

Closure to Protect Red King Crab

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule;

response to comments.

SUMMARY: NMFS responds to comments

submitted on the interim emergency

rule closing a portion of the Bering Sea

to trawl vessels to protect red king crab.

NMFS published this emergency rule in

the Federal Register on January 25,

1995 for comment. No change in the

trawl closure was made as a result of

this action.

DATES: The emergency interim rule

published at 60 FR 4866, January 25,

1995, is effective January 20, 1995,

through April 25, 1995.

FOR FURTHER INFORMATION CONTACT: Kaja

Brix, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

published an emergency interim rule in

the Federal Register on January 25,

1995 (60 FR 4866) that implemented a

closure to trawl vessels in the Bristol

Bay area of the Bering Sea. The closure

area encompasses the area from 56° to

57 ° N. lat. and 162° to 164° W. long.

and is intended to protect female red

king crab, in view of the declining

Bristol Bay red king crab stocks. Two

letters of comment on the emergency

rule were received within the comment

period and are summarized in the

‘‘Response to Comments’’ section,

below. After review of the comments

received, NMFS determined that no

change to the emergency rule is

warranted.

Response to Comments

Two letters of comment were received

within the comment period that ended

February 9, 1995. A summary of the

comments and NMFS’ response follows.

Comment 1. The emergency trawl

closure area should be reconfigured to

remove the 10 minutes of latitude from

56° to 56°10′ N. lat. The closure should

have been designed to protect female

red king crab, but, for this purpose, the

best available biological data do not

support inclusion of the 10 minutes of

latitude from 56° to 56°10′ N. lat. in the

trawl closure area.

Response. NMFS chose the closure

area implemented under the emergency

rule based on the distribution of female

red king crab. Annual NMFS crab

survey data show distribution and

relative abundance of female red king

crab vary from year to year. However,

survey data since 1990 indicate that

relatively large numbers of female crab

have been taken at survey stations in

Bristol Bay located around 56° N. lat.

Recent 1993 and 1994 trawl survey data

show female red king crab are present

at survey stations located along 56° N.

lat. The relative abundance of female

red king crab at these stations was

significantly greater in 1993 compared

to 1994. The distribution of crab

indicated from summer trawl surveys

may not represent the distribution of

various stock components during winter

months; however, because no recent

winter trawl survey data exist, NMFS

must use the best available scientific

data as a basis for the closure

determination.

Available observer data on the sex

composition of Bristol Bay red king crab

taken as bycatch in the trawl fisheries

are limited. Sex composition data

collected in 1993 for observed hauls

between 56° and 56°10′ N. lat. show

about one third of the crab sampled for

sex composition were females. Between

56° and 57° N. lat. almost 80 percent of

the crab sampled for sex composition

were females. Despite the fact that the

red king crab bycatch limit is still in

place and the rock sole fishery can still

take the same number of crab, inclusion

of the area between 56° and 56°10′ N.

lat. provides greater protection to female

red king crab.

Comment 2. The emergency rule was

undertaken without any economic

analysis of the impact of the closure on

the trawl fisheries. It was undertaken

without any analysis of the impact of

other fisheries, such as the C. bairdi

Tanner crab and red king crab fisheries,

on Bristol Bay red king crab stocks.

Response. The short time frame that

was available to implement the
16588 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations

emergency rule precluded an extensive

economic analysis. However, the

emergency rule does contain economic

information that was considered in

making the decision for the most

appropriate closure area. A more

comprehensive economic analysis will

be conducted for alternative time/area

closures being considered by the

Council for an amendment to the

Fishery Management Plan (FMP) for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands area that would

address concerns about the red king

crab resource on a long-term basis. A

bycatch simulation model is also being

updated to analyze the impacts of these

alternative closure areas on the affected

fisheries. The Council is scheduled to

take action on the FMP amendment at

its April 1995 meeting. NMFS approved

the closure area implemented under the

emergency rule based on the best data

that was available at the time.

Data that were presented in both the

original environmental assessment (EA)

prepared for the emergency rule and in

a subsequent addendum to the EA

indicated the amount of bycatch in the

various closure options. This

information was used to determine the

potential savings in red king crab

bycatch and the impacts on other

prohibited species bycatch.

Dated: March 27, 1995.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 95–7904 Filed 3–30–95; 8:45 am]

BILLING CODE 3510–22–F