[Federal Register Volume 61, Number 204 (Monday, October 21, 1996)]
[Rules and Regulations]
[Pages 54580-54581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26939]
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DEPARTMENT OF COMMERCE
50 CFR Part 679
[Docket No. 960129019-6019-01; I.D. 101596A]
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin
Sole by Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Modification of a closure. Notice of an inseason adjustment;
request for comments.
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SUMMARY: NMFS has determined that the currently specified bycatch
allowances of Pacific halibut allocated to the yellowfin sole and
rockfish trawl fishery categories in the Bering Sea and Aleutian
Islands management area (BSAI) are incorrect. Therefore, NMFS is re-
specifying the bycatch allowances for these categories, and is opening
the directed fishery for yellowfin sole by vessels using trawl gear.
These actions are necessary to achieve the optimum yield from the
groundfish fisheries. They are intended to promote the goals and
objectives of the North Pacific Fishery Management Council.
EFFECTIVE DATE: 1200 hrs, Alaska local time (A.l.t.), October 16, 1996,
until 2400 hrs, A.l.t., December 31, 1996. Comments must be received at
the following address no later than 4:30 p.m., A.l.t., October 31,
1996.
ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Attn: Lori Gravel, Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802-1668, or be delivered to Room 457, Federal
Building, 709 West 9th Street, Juneau, AK.
FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.
[[Page 54581]]
SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive
economic zone is managed by NMFS according to the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area (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 subpart H of 50 CFR part 600 and 50 CFR part 679.
Pursuant to Sec. 679.21(e)(1)(iv), the prohibited species catch
(PSC) limit of halibut caught while conducting any trawl fishery for
groundfish in the BSAI during any fishing year is an amount of halibut
equivalent to 3,775 metric tons (mt) of halibut mortality. In
accordance with Sec. 679.21(e)(3)(i), the Final 1996 Harvest
Specifications of Groundfish (61 FR 4311, February 5, 1996) apportioned
this PSC limit among the trawl gear fishery categories defined at
Sec. 679.21(e)(3)(iv) as follows:
(1) Yellowfin sole, 820 mt; (2) Rock sole/flathead sole/other
flatfish, 730 mt; (3) Rockfish, 110 mt; (4) Pacific cod, 1,685 mt; (5)
Pollock/Atka mackerel/``other species,'' 430 mt.
As of October 10, 1996, 50 mt remain of the halibut mortality
bycatch allowance to the trawl rockfish fishery category. This fishery
category will not reopen during 1996 because of insufficient total
allowable catch (TAC) for the rockfish species in the genre Sebastes
and Sebastolobus, leaving the remaining bycatch allowance uncaught. The
yellowfin sole fishery category has no halibut bycatch allowance
remaining and therefore cannot harvest the 47,000 mt of yellowfin sole
remaining in that species' TAC. NMFS has determined that the PSC
allowances for Pacific halibut allocated to the rockfish and yellowfin
sole fishery categories are incorrectly specified based on the best
available scientific information pertaining to bycatch rates reported
by NMFS-certified observers. The Pacific halibut bycatch allowance for
the yellowfin sole fishery category needs to be augmented to promote
achieving the optimum yield from the yellowfin sole fishery.
Under Sec. 679.25(a)(2)(i)(C), the Director, Alaska Region, NMFS
(Regional Director), is making an inseason adjustment to prevent the
underharvest of the BSAI yellowfin sole TAC increase the Pacific
halibut bycatch allowance specified for the yellowfin sole fishery
category by 50 mt. The Pacific halibut bycatch allowance for the
rockfish fishery category is decreased by 50 mt. In accordance with
Sec. 679.25(a)(1)(iii), NMFS is re-specifying the Pacific halibut
bycatch mortality allowances of the yellowfin sole and rockfish fishery
categories as follows: Yellowfin sole, 870 mt and Rockfish, 60 mt.
As required by Sec. 679.25(b), all information relevant to this
inseason adjustment, including the effect of overall fishing effort
within the statistical area and economic impacts on affected fishing
businesses, was considered. Current halibut bycatch allowances would
prevent harvest of the remaining 47,000 mt of yellowfin sole remaining
in that species' TAC and, therefore, would not promote optimum yield of
groundfish and would result in economic harm to fishermen and
processors who would otherwise participate in that fishery.
The directed fishery for yellowfin sole by vessels using trawl gear
in the BSAI was closed on October 2, 1996 (61 FR 52385, October 7,
1996) to prevent exceeding the 1996 bycatch allowance of Pacific
halibut apportioned to the trawl yellowfin sole fishery catgory in the
BSAI.
With the accompanying action the 1996 bycatch allowance has been
increased. Therefore, NMFS is terminating the previous closure and is
opening directed fishing for yellowfin sole by vessels using trawl gear
in the BSAI. All other closures remain in full force and effect.
Classification
This action is taken under Sec. 679.25 and Sec. 679.20 and is
exempt from review under E.O. 12866.
The Assistant Administrator for Fisheries, NOAA, finds for good
cause that it is impractical and contrary to the public interest to
provide prior public notice and comment on the inseason adjustment.
Immediate effectiveness is necessary to prevent foregone revenue to the
yellowfin sole fishery, which would otherwise be prevented from
conducting operations. Interested persons are invited to submit comment
in writing on or before October 31, 1996 (see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: October 16, 1996.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 96-26939 Filed 10-16-96; 3:19 pm]
BILLING CODE 3510-22-F
