27308 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

(4) Any adjustments to the 12-month

directed-fishery quota will be

apportioned equally between the June 1

through November 30 and December 1

through May 31 semiannual periods.

* * * * *

(e) NMFS may adjust the December 1

through May 31 semiannual directedfishery quota and gear quotas to reflect

actual catches during the June 1 through

November 30 semiannual period,

provided that the 12-month directedfishery and gear quotas are not

exceeded.

* * * * *

7. In § 630.25, the second sentence of

paragraph (b) is revised to read as

follows:

§ 630.25 Closures and bycatch limits.

* * * * *

(b) * * * The procedures of paragraph

(a)(1) of this section notwithstanding,

during the June 1 through November 30

semiannual period, swordfish not

exceeding 21,500 lb (9,752 kg), dressed

weight, may be set aside for the harpoon

segment of the fishery. * * *

* * * * *

[FR Doc. 96–13690 Filed 5–28–96; 4:25 pm]

BILLING CODE 3510–22–F

50 CFR Part 672

[Docket No. 960228053–6142–02; I.D.

022296E]

RIN 0648–AI56

Groundfish of the Gulf of Alaska;

Pollock Seasonal Allowances

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

implement Amendment 45 to the

Fishery Management Plan for

Groundfish of the Gulf of Alaska (FMP).

This rule combines the third and fourth

quarterly allowances for pollock in the

three statistical areas of the combined

Western and Central (W/C) Regulatory

Area into single seasonal allowances

that will become available on September

1 of each fishing year. Changes to the

final 1996 harvest specifications of Gulf

of Alaska (GOA) pollock are also made

to reflect the revised seasonal

allowances. These measures are

necessary to address management

problems that have been identified by

the fishing industry. They are intended

to further the management objectives of

the FMP.

EFFECTIVE DATE: May 30, 1996.

ADDRESSES: Copies of Amendment 45

and the Environmental Assessment/

Regulatory Impact Review (EA/RIR)

prepared for Amendment 45 may be

obtained from the North Pacific Fishery

Management Council, 605 W. 4th Ave.

Suite #306, Anchorage, AK 99501.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, (907) 586–7228.

SUPPLEMENTARY INFORMATION: The

pollock fishery in the exclusive

economic zone of the GOA is managed

by NMFS under the FMP. The FMP was

prepared by the North Pacific Fishery

Management Council (Council) under

the Magnuson Fishery Conservation and

Management Act (Magnuson Act) and is

implemented by regulations found at 50

CFR part 672. General regulations

governing U.S. fisheries are also found

at 50 CFR part 620.

Background

Amendment 45 removes the

requirement that the total allowable

catch (TAC) specified for pollock in

three statistical areas of the W/C

Regulatory Area be divided into four

equal quarterly allowances and replaces

it with more flexible language requiring

that the TACs be divided into seasonal

allowances rather than quarterly

allowances. Amendment 45 authorizes

NMFS to establish the number and

timing of seasonal allowances in

regulation. The Council’s objective in

adopting Amendment 45 was to allow

NMFS to combine by regulatory

amendment the third quarter (July 1)

and fourth quarter (October 1)

allowances for pollock in the statistical

areas of the W/C Regulatory Area into

single seasonal allowances that would

become available in September or

October.

The action has the following

objectives: (1) Reduced chum salmon

bycatch, which has been high during the

third quarter (July 1) opening; (2)

reduced scheduling conflicts with

summer salmon processing activities;

(3) reduced operating costs for industry;

and (4) reduced risk of harvest overruns

during extremely short openings.

Additional information on this action

may be found in the preamble to the

proposed rule published in the Federal

Register on March 12, 1996 (61 FR

9972) and the EA/RIR prepared for this

action. Public comment on the proposed

action was invited through April 22,

1996. NMFS received 11 written letters

of comment. The comments are

summarized and responded to below in

the response to comments section.

The only change from the proposed

rule is a modification in the opening

date for the Western Regulatory Area

from October 1 to September 1 for the

reasons stated below. This change is

reflected in § 672.23(e), which

establishes fishing seasons, and section

4 and table 3 of the final 1996 harvest

specifications.

At its January 1996 meeting, the

Council considered opening date

options of September 1, September 15,

and October 1 that would apply to the

third season in both the W/C Regulatory

Areas. However, the Council

subsequently recommended that NMFS

implement a modified proposal that

would establish separate third season

opening dates of September 1 in the

Central Regulatory Area and October 1

in the Western Regulatory Area. This

modified proposal was submitted to the

Council by a coalition of Bering Seabased processors and fishermen with

the intent of preserving the ability of

Bering Sea-based vessels to fish in the

Western Regulatory Area after the

closure of the Bering Sea pollock nonroe season. The proposed rule included

these separate opening dates as

recommended by the Council.

Based on changing circumstances in

the pollock fishery and information

submitted during the comment period

on the proposed rule, NMFS has

changed the final rule from the

proposed rule to reflect a single opening

date of September 1 for both the W/C

Regulatory Areas. The reasons for this

change are as follows: First, the Council

at its April 1996 meeting made a final

recommendation that NMFS delay the

start of the Bering Sea pollock non-roe

season from August 15 to September 1

for both the inshore and offshore

sectors. If approved, this regulatory

amendment would become effective for

the 1996 pollock non-roe season. In

1995 the inshore sector Bering Sea

pollock non-roe season lasted 39 days

and NMFS expects the 1996 season to

last approximately as long. Delaying the

Bering Sea pollock non-roe season until

September 1 is likely to extend the

season into the first or second week of

October. Consequently, NMFS believes

that an October 1 opening date for the

Western Regulatory Area no longer

holds any particular advantage for the

Bering Sea-based fleet, which was the

only sector of the industry that

supported this particular opening date.

Second, NMFS has received extensive

written comments from Western

Regulatory Area-based fishermen and

processors who oppose an October 1

opening date for the Western Regulatory

Area for safety reasons. This sector of

the industry suggests that because

weather conditions are likely to be

worse in October, an October 1 opening

date will pose greater safety risks for
Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27309

smaller vessels than would a September

1 opening date.

Third, NMFS has received extensive

written comments from Western

Regulatory Area-based fishermen and

processors who believe an October 1

opening date would cause them to be

preempted by larger and more

numerous Bering Sea-based vessels.

Although a delay in the Bering Sea

pollock non-roe season would largely

eliminate these concerns, NMFS

believes that a compelling reason no

longer exists to treat the Western

Regulatory Area separately from the rest

of the GOA.

Finally, scheduling fisheries in

various areas to operate simultaneously

will disperse effort resulting in more

manageable fisheries and a more

equitable distribution of fishing

opportunity. A September 1 pollock

opening date for the Western Regulatory

Area would bring the season for this

area into line with the rest of the GOA,

as well as the Bering Sea if the Council’s

recommendation to delay the pollock

non-roe season is approved.

Regulatory Changes Made by This

Action

This action combines the third and

fourth quarterly allowances of pollock

TAC for the statistical areas of the

W/C Regulatory Area into single

seasonal allowances equal to 50 percent

of the annual pollock TAC for each

statistical area. This combined seasonal

allowance will become available on

September 1. This action retains the

requirements that (1) within any fishing

year, shortfalls in the harvest of one

seasonal allowance be proportionately

added to subsequent seasonal

allowances, resulting in a sum for each

seasonal allowance not to exceed 150

percent of the original seasonal

allowance; and (2) harvests in excess of

a seasonal allowance be deducted

proportionately from subsequent

seasonal allowances.

Response to Comments

No comments opposed Amendment

45 in general (or supported retaining the

status quo of four quarterly allowances).

Six letters of comment from

representatives for Western Regulatory

Area-based pollock fishermen and

processors supported a September 1

opening date for this area but opposed

an October 1 opening date. One letter of

comment from a representative for

Central Regulatory Area-based pollock

fishermen and processors supported a

September 1 opening date for this area

but was neutral on the Western

Regulatory Area opening date. No

comments were received that favored an

October 1 opening date for the Western

Regulatory Area. The following

paragraphs summarize and respond to

the comments received on the proposed

rule.

Comment 1. Prior to the Council’s

decision at the January 1996 meeting to

establish separate opening dates, no

discussion or analysis occurred of

separate opening dates for the W/C

Regulatory Areas. Both the Council’s

Scientific and Statistical Committee and

Advisory Panel recommended that the

Council establish a September 1

opening date for both the W/C

Regulatory Areas. In addition, no prior

notice was provided to the public that

the Council was considering separate

opening dates. As a result, Western

Regulatory Area-based fishermen did

not have adequate opportunity to

comment on the effects of an October 1

opening date on their fleet.

Response. NMFS has changed the

proposed rule to establish a single

opening date of September 1 for both

the W/C Regulatory Areas.

Comment 2. Considerable support

exists within the industry for

reconsidering the decision to separate

the W/C Regulatory Area opening dates,

as evidenced by the 17 to 2 vote by the

Advisory Panel at the April 1996

Council meeting, in support of a

simultaneous W/C Regulatory opening

date of September 1.

Response. See response to comment 1.

Comment 3. The Council’s adoption

of different opening dates for the W/C

Regulatory Areas was extremely unfair

to Western Regulatory Area fishermen

who have sought to increase their

involvement in the administrative

process. The Council’s action was taken

without any public notice, with little or

no understanding of potential impacts

on small boat fishermen and

communities, and with no public

discussion of this unanticipated

alternative by Council members or

NMFS. This action can best be

described as a ‘‘sneak attack’’ because

Western Regulatory Area fishermen

were not given a reasonable opportunity

to defend themselves on this issue.

Response. See response to comment 1.

Comment 4. When the Council and

NMFS make decisions that result in

allocations among fishermen, both

fundamental fairness and the law

dictate a heightened level of public

participation and a strong

administrative record. This process is

necessary so that the Council, NMFS,

and the Secretary of Commerce are fully

informed of the potential impacts of the

proposed actions. Although case law

allows a tainted administrative record to

be cured by subsequent comments and

internal Agency analysis of the

objections raised, this ‘‘after the fact’’

procedure does not cure the

fundamentally unfair nature of this

particular decision by the Council.

NMFS should not attempt to cure this

tainted administrative record simply to

justify an improperly motivated

decision.

Response. This comment is mute in

light of NMFS’ decision to adopt a

single opening date of September 1 for

both the Western and Central Regulatory

Areas.

Comment 5. The EA/RIR did not

evaluate the impacts of an October 1

Western Regulatory Area opening date

on resident small-boat fishermen or the

coastal communities of the Western

GOA which are dependent on the flow

of fish products for employment and

local tax revenues. Nor did the analysis

address the possible loss of the October

1 third trimester release to all fishermen

if NMFS believes that the vessel

capacity will exceed the quota. A

separate October 1 date for the Western

Regulatory Area was beyond the scope

of the EA/RIR, and we seriously

question the legality of adopting a

measure that was not subject to a proper

analytical or public review.

Response. See response to comment 4.

Comment 6. The proposed October 1

opening date for the Western Regulatory

Area is a substantial reallocation of the

pollock resource, which treats local

small-boat fishermen unfairly. National

standard 4 requires that any allocation

of fishing privileges be done in a

manner that is fair and equitable to all

fishermen. An October 1 opening will

invite massive participation by the

Bering Sea-based pollock fleet to the

disadvantage of smaller vessels based in

the Western Regulatory Area. In

addition, eliminating the July opening

would effectively eliminate this small

boat fleet’s fishery, which has occurred

primarily in the third quarter and

secondarily in the fourth quarter of each

year. These vessels have traditionally

and almost exclusively fished in the

third quarter (July 1) opening in the

Western Regulatory Area and will face

increased safety risks if required to fish

this quota in October. If the July

allowance is combined with the fourth

quarter allowance and exposed to the

escalating fishing pressure of the entire

Bering Sea and GOA fleet, the impact

will be to reallocate the entire third

quarter fishery from a resident smallboat fleet to the Dutch Harbor and

Kodiak fleets. The majority of these

small Western Regulatory Area-based

vessels will be unable to establish

Kodiak markets to participate in the

September 1 Central Regulatory Area
27310 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

opening and their small size makes it

impossible for them to participate in the

Bering Sea pollock non-roe season.

Response. See response to comment 1.

Comment 7. Delaying the third

seasonal allowance in the Western

Regulatory Area until October 1 when

the Bering Sea pollock fishery is closed

will greatly increase effort in the

Western Regulatory Area. This will

make the fishery more difficult to

manage and is in conflict with one of

the stated objectives of Amendment 45,

easing the effort in the GOA pollock

fisheries. No substantive justification

exists for how the October 1 opening

date satisfies the third and critical

objective of the proposed amendment.

Response. The changes made in the

final rule which establish a single

opening date of September 1 for both

the Central and Western Regulatory

Areas and the Council’s April 1996

recommendation to delay the Bering Sea

pollock non-roe season until September

1, if adopted, would result in a single

opening date of September 1 for both

the Bering Sea and GOA.

Comment 8. An October 1 start date

in the Western Regulatory Area is

nothing more than punishment to Sand

Point Boats for political reasons. These

boats are the smallest boats in the

pollock fleet. Asking operators of these

boats to start their fishery on October 1

is to invite injuries or worse.

Response. See response to comment 1.

Comment 9. The decision to delay the

Western Regulatory Area opening until

October 1 means the difference between

a multi-day fishery and a fishery that

may well be measured in hours. This

means that local boats will have taken

away from them a reasonable

opportunity to make a living so that

bigger Kodiak and Dutch Harbor boats

can swoop in for a one-tow event.

Response. See response to comment 1.

Comment 10. The proposed October 1

opening date for the Western Regulatory

Area isolates one area and subjects it to

uncontrollable fishing pressure. The

Bering Sea fleet no longer has to choose

among the entire W/C Regulatory Area

during the last release of pollock. The

Kodiak-based fleet of large trawl vessels

will be able to fish in the Central

Regulatory Area in September and then

shift to the Western Regulatory Area in

October. The Western Regulatory Area

will face not only the local small-boat

trawl fleet in October but the combined

Bering Sea and Kodiak-based trawl fleet

as well. Whenever possible, fisheries in

various areas should be scheduled to

operate in the same time period to

disperse effort. This makes for more

manageable fisheries and a more

equitable distribution of opportunity.

Response. NMFS concurs. See

response to comment 7.

Comment 11. If the October 1 opening

date is approved, operators of Western

GOA plants estimate they will lose from

11 percent to 15 percent of the pollock

that has traditionally been delivered to

them. Under the status quo, most of the

third quarter pollock fishery in

Statistical Areas 610 and 620 was

delivered to Western GOA plants. If this

opening is shifted to October 1, much of

this quota will be harvested instead by

Bering Sea-based vessels and delivered

to Bering Sea-based plants.

Response. See response to comment 1.

Changes to 1996 Harvest Specifications

Final 1996 harvest specifications for

GOA pollock were published in the

Federal Register on February 5, 1996

(61 FR 4304). The change from quarterly

allowances to three seasonal allowances

of pollock TAC amounts specified for

the statistical areas of the W/C

Regulatory Area requires that the final

1996 specifications be amended. First,

footnote 2 to Table 1 is revised to read

as follows: ‘‘Pollock is apportioned to

three statistical areas in the combined

Western/Central Regulatory Area, each

of which is further divided into three

seasonal allowances (Table 3). In the

Eastern Regulatory Area, pollock is not

divided into seasonal allowances.’’

Second, page 4308 of the final 1996

specifications, section 4,

‘‘Apportionments of Pollock TAC

Among Regulatory Areas, Season, and

Between Inshore and Offshore

Components,’’ and Table 3 is amended

as follows to reflect the new seasonal

allowances of pollock:

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 W/C GOA

be apportioned among statistical areas;

Shumagin (610), Chirikof (620), and

Kodiak (630) 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

would be further divided into three

seasonal allowances (Table 3). Within

any fishing year, any unharvested

amount of any seasonal allowance of

pollock TAC would be added in equal

proportions to the subsequent seasonal

allowances, resulting in a sum for each

seasonal allowance that does not exceed

150 percent of the original seasonal

allowance. Similarly, harvests in excess

of a seasonal allowance of TAC would

be deducted in equal proportions from

the remaining seasonal allowances of

that fishing year. Directed fishing for

pollock in the W/C Regulatory Area

(Statistical Areas 610, 620, and 630)

may be authorized in seasonal

allowances beginning on January 1, June

1, and September 1. The Eastern

Regulatory Area pollock TAC of 2,810

metric tons (mt) is not allocated among

smaller areas or seasonal allowances.

Regulations at § 672.20(a)(2)(v)(A)

require that the domestic annual

processing (DAP) apportionment for

pollock in all regulatory areas and all

seasonal 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 Director, Alaska

Region, NMFS (Regional Director) to be

necessary to support the bycatch needs

of the offshore component in directed

fisheries for other groundfish species.

The amount of pollock available for

harvest by vessels in the offshore

component is that amount actually

taken as bycatch during directed fishing

for groundfish species other than

pollock, up to the maximum retainable

bycatch amounts allowed under

regulations at § 672.20(g).
Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27311

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

C GOA). ABC FOR THE W/C GOA IS 52,000 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 1996 TAC

Seasonal allowances 1

First Second Third

Shumagin (610) .................................................................................................. 49.0 25,480 6,370 6,370 12,740

Chirikof (620) ...................................................................................................... 24.7 12,840 3,210 3,210 6,420

Kodiak (630) ....................................................................................................... 26.3 13,680 3,420 3,420 6,840

Total ......................................................................................................... 100.0 52,000 13,000 13,000 26,000

1As established under paragraphs (e) and (f) of § 672.23, the first, second, and third seasonal allowances of W/C Regulatory Area pollock

TAC amounts are available January 1 and June 1, and September 1, respectively.

Classification

The Regional Director has determined

that Amendment 45 is necessary for the

conservation and management of the

groundfish fishery of the GOA and that

it is consistent with the Magnuson Act

and other applicable laws.

This rule has been determined to be

not significant for the purposes of E.O.

12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration when

this rule was proposed that this rule

would not have a significant economic

impact on a substantial number of small

entities. The reasons were published in

the notice of proposed rulemaking. As a

result, a regulatory flexibility analysis

was not prepared.

Because NMFS would like to

incorporate the text of this rule into a

comprehensive consolidation of the

Federal regulations implementing the

Alaska fishery management plans

expected to be published as a final rule

in the near future, NMFS is making this

rule immediately effective. This rule

will not have any substantive impact

until July 1, 1996. Consequently, under

5 U.S.C. 553(d)(3), it is unnecessary to

delay the effectiveness of it for 30 days.

List of Subjects in 50 CFR Part 672

Fisheries, Reporting and

recordkeeping requirements.

Dated: May 23, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Serivce.

For the reasons set out in the

preamble, 50 CFR part 672 is 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.

General Amendments

2. In § 672.20, paragraph (a)(2)(iv); the

first sentence of paragraph (a)(2)(v)(A);

and paragraph (c)(2) (i) and (ii) are

revised to read as follows:

§ 672.20 General limitations.

(a) * * *

(2) * * *

(iv) The TAC for pollock in the

combined Western and Central

Regulatory Areas will be apportioned

among Statistical Areas 610, 620, and

630 in proportion to the distribution of

the pollock biomass as determined by

the most recent NMFS surveys. Each

apportionment will be divided into

three seasonal allowances of 25 percent,

25 percent, and 50 percent of the

apportionment, respectively,

corresponding to the three fishing

seasons defined at paragraph (e) of

§ 672.23. Within any fishing year, any

unharvested amount of any seasonal

allowance will be added proportionately

to all subsequent seasonal allowances,

resulting in a sum for each allowance

not to exceed 150 percent of the initial

seasonal allowance. Within any fishing

year, harvests in excess of a seasonal

allowance will be deducted

proportionately from all subsequent

seasonal allowances.

(v) * * * (A) The DAP apportionment

of pollock in all regulatory areas will be

allocated entirely to vessels catching

pollock for processing by the inshore

component after subtraction of an

amount that is projected by the Regional

Director to be caught by, or delivered to,

the offshore component incidental to

directed fishing for other groundfish

species. * * *

* * * * *

(c) * * *

(2) * * * (i) Applicable after

December 31, 1998. If the Regional

Director determines that the amount of

a target species or ‘‘other species’’

category apportioned to a fishery is

likely to be reached, the Regional

Director may establish a directed fishing

allowance for that species or species

group. The amount of a species or

species group apportioned to a fishery is

the amount identified in the notice of

specifications as provided in paragraph

(c)(1) of this section as these amounts

are revised by inseason adjustments, for

that species or species group, as

identified by regulatory area, district or

statistical area and as further identified

according to any allocation of total

allowable level of fishing level (TALFF),

the apportionment for joint venture

processing (JVP), the apportionment for

DAP, the seasonal allowance of pollock

and, if applicable, as further identified

by gear type. In establishing a directed

fishing allowance, the Regional Director

shall consider the amount of that

species or species group or seasonal

allowance of pollock that will be taken

as incidental catch in directed fishing

for other species in the same regulatory

area or district. 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 season, NMFS will

prohibit directed fishing for that species

or species group in the specified

regulatory area, district or statistical

area. If directed fishing for a species or

species group is prohibited, any amount

of that species or species group greater

than the maximum retainable bycatch

amount, as calculated under paragraph

(g) of this section, may not be retained

and must be treated as a prohibited

species under paragraph (e) of this

section.

(ii) Applicable through December 31,

1998. If the Regional Director

determines that the amount of a target

species or ‘‘other species’’ category

apportioned to a fishery is likely to be

reached, the Regional Director may

establish a directed fishing allowance

for that species or species group. The
27312 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

amount of a species or species group

apportioned to a fishery is the amount

identified in the specifications as

provided in paragraph (c)(1) of this

section. These amounts are revised by

inseason adjustments, for a given

species or species group, as identified

by regulatory area, district or statistical

area, and as further identified according

to any allocation of TALFF, the

apportionment for JVP, the

apportionment for DAP, the seasonal

allowance of pollock or, with respect to

Pacific cod, to an allocation to the

inshore or offshore component and, if

applicable, as further identified by gear

type. In establishing a directed fishing

allowance, the Regional Director should

consider the amount of that species

group, seasonal allowance of pollock, or

allocation of Pacific cod to the inshore

or offshore component that will be taken

as incidental catch in directed fishing

for other species in the same regulatory

area, district or statistical area. 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 season, NMFS will

prohibit directed fishing for the species

or species group in the specified

regulatory area, district or statistical

area. If directed fishing for a species or

species group is prohibited, any amount

of that species or species group greater

than the maximum retainable bycatch

amount, as calculated under paragraph

(g) of this section, may not be retained

and must be treated as a prohibited

species under paragraph (e) of this

section.

* * * * *

3. In § 672.23, paragraph (e) is revised

to read as follows:

§ 672.23 Seasons.

* * * * *

(e) Subject to other provisions of this

part, directed fishing for pollock in the

Western and Central Regulatory Areas of

the Gulf of Alaska is authorized only

during the three seasons:

(1) From 0001, A.l.t., January 1

through 12 noon, A.l.t., April 1;

(2) From 1200, A.l.t., June 1 through

1200, A.l.t., July 1; and

(3) From 1200, A.l.t., September 1

through 2359 A.l.t., December 31.

Nomenclature Amendments

§ 672.20 [Amended]

4. In addition to the amendments set

out above, in § 672.20, in paragraph

(c)(1), remove all occurrences of the

word ‘‘quarterly’’ and add in their place

the word ‘‘seasonal’’.

[FR Doc. 96–13594 Filed 5–30–96; 8:45 am]

BILLING CODE 3510–22–W

50 CFR Parts 672 and 675

[Docket No. 900833–1095; I.D. 052396A]

Groundfish of the Gulf of Alaska and

the Bering Sea and Aleutian Islands

Area; Bycatch Rate Standards for the

Second Half of 1996

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Pacific halibut and red king crab

bycatch rate standards; request for

comments.

SUMMARY: NMFS announces Pacific

halibut and red king crab bycatch rate

standards for the second half of 1996.

This action is necessary to implement

the bycatch rate standards for vessel

operators who participate in the Alaska

groundfish trawl fisheries under the

vessel incentive program. The intent of

this action is to reduce prohibited

species bycatch rates and promote

conservation of groundfish and other

fishery resources.

DATES: Effective 12:01 a.m., Alaska local

time (A.l.t.), July 1, 1996, through 12

midnight, A.l.t., December 31, 1996.

Comments on this action must be

received at the following address no

later than 4:30 p.m., A.l.t., June 30,

1996.

ADDRESSES: Comments should be

mailed to Ronald J. Berg, Chief,

Fisheries Management Division, NMFS,

P.O. Box 21668, Juneau, AK 99802–

1668, Attn: Lori Gravel; or be delivered

to 709 West 9th Street, Federal Building,

Room 401, Juneau, AK.

FOR FURTHER INFORMATION CONTACT:

Susan J. Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone of the Bering

Sea and Aleutian Islands management

area (BSAI) and Gulf of Alaska (GOA)

are managed by NMFS according to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area and the

Fishery Management Plan for

Groundfish of the Gulf of Alaska

(FMPs). The FMPs were prepared by the

North Pacific Fishery Management

Council (Council) under the authority of

the Magnuson Fishery Conservation and

Management Act. The FMPs are

implemented by regulations for the U.S.

fisheries at 50 CFR parts 672, 675, and

676. General regulations that also

pertain to the U.S. fisheries appear at 50

CFR part 620. Regulations that establish

observer coverage requirements are set

out at 50 CFR part 677. Bycatch rate

standards and the vessel incentive

program are described at § 675.26.

Halibut and red king crab bycatch rate

standards for the first half of 1996 were

published in the Federal Register on

November 29, 1995 (60 FR 61213). As

required by §§ 672.26(c) and 675.26(c),

the Director of the Alaska Region, NMFS

(Regional Director), has established the

bycatch rate standards for the second

half of 1996 (July 1 through December

31). These standards were approved by

the Council at its April 1996 meeting

and are set out in Table 1. The bycatch

rate standards are based on the

following information:

1. Previous years’ average observed

bycatch rates.

2. Immediately preceding season’s

average observed bycatch rates.

3. The bycatch allowances and

associated fishery closures specified

under §§ 672.20(f) and 675.21.

4. Anticipated groundfish harvests.

5. Anticipated seasonal distribution of

fishing effort for groundfish.

6. Other information and criteria

deemed relevant by the Regional

Director.

TABLE 1.—BYCATCH RATE STANDARDS BY FISHERY FOR THE SECOND HALF OF 1996 FOR PURPOSES OF THE VESSEL

INCENTIVE PROGRAM IN THE BSAI AND GOA

Fishery

Bycatch

rate

standard

Halibut bycatch rate standards

(kilogram of halibut/metric ton of groundfish catch)

BSAI Midwater pollock ................................................................................................................................................................................. 1.0

BSAI Bottom pollock .................................................................................................................................................................................... 5.0