[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3054]
[[Page Unknown]]
[Federal Register: February 10, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 675
[Docket No. 940225-4025; I.D. 012494B!]
Groundfish of the Gulf of Alaska, Groundfish of the Bering Sea
and Aleutian Islands Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that an emergency exists in groundfish
fisheries in the Gulf of Alaska (GOA) and in the Bering Sea and
Aleutian Islands management area (BSAI). Management measures must be
implemented to prevent overfishing of GOA thornyhead rockfish and
Pacific ocean perch (POP) and to limit unnecessarily high bycatch
amounts of these rockfish species and Pacific halibut in the GOA trawl
fisheries in a manner that will reduce the likelihood of premature
fishery closures. These measures include revising regulations
applicable to the management and monitoring of the GOA halibut bycatch
limit established for trawl gear fisheries, revising directed fishing
standards, and adjustment of BSAI flatfish seasons to provide for
additional fishing opportunities in the BSAI early in the fishing year.
This action is necessary to respond to new information applicable to
the management of GOA halibut and rockfish species and to avoid
premature fishery closures. This action is intended to further the
goals and objectives contained in the fishery management plans for the
groundfish fisheries off Alaska.
DATES: Effective February 7, 1994 through May 11, 1994. Comments are
invited on this action until February 25, 1994.
ADDRESSES: Comments should be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, National Marine Fisheries Service,
P.O. Box 21668, Juneau, Alaska 99802, Attention: Lori Gravel. Copies of
the Environmental Assessment (EA) prepared for a proposed regulatory
amendment, which will follow and implement the actions taken under the
emergency rule, may be obtained from the same address.
FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, Fisheries
Management Division, Alaska Region, NMFS, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Fishing for groundfish by U.S. vessels in the exclusive economic
zone of the GOA and the BSAI is managed by the Secretary of Commerce
according to the Fishery Management Plan (FMP) for Groundfish of the
GOA and the FMP for the Groundfish Fishery of the BSAI. The FMPs were
prepared by the North Pacific Fishery Management Council (Council)
under the Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801, et seq.) (Magnuson Act), and are implemented by regulations
governing the U.S. groundfish fisheries at 50 CFR parts 672 and 675.
General regulations that also pertain to U.S. fisheries are codified at
50 CFR part 620.
Management problems can arise that need to be addressed quicker
than is feasible in the normal procedures provided by the Magnuson Act
for FMP amendments and implementing regulations. Section 305(c) of the
Magnuson Act authorizes the Secretary to issue emergency regulations to
address such situations. Emergency regulations may remain in effect for
90 days with a possible 90-day extension.
At its September 1993 meeting, the Council requested NMFS to
prepare a rulemaking that would implement several management measures
to prevent some GOA trawl fisheries from taking a disproportionate
amount of the GOA halibut bycatch limit established for the trawl
fisheries, thus causing premature closure of other trawl fisheries.
These proposed emergency measures were presented to the Council in
September 1993 by GOA and BSAI trawl industry representatives as an
alternative to controversial FMP amendments that were considered by the
Council that would establish a super exclusive registration program for
vessels participating in the GOA and BSAI groundfish fisheries.
These alternative measures were intended to address the competition
for the halibut bycatch limit established for the GOA trawl fisheries
(Sec. 672.20(f)) and included (1) the establishment of two GOA trawl
fishery categories that would be eligible to receive separate
apportionments of the halibut bycatch limit, (2) revision of directed
fishing standards to eliminate unnecessarily high halibut bycatch rates
that can result from covert targeting on groundfish species for which
directed fishing is closed, and (3) adjustment of the season opening
date for the BSAI yellowfin sole and ``other flatfish'' fisheries from
May 1 to January 20. The intent of the recommended season adjustment is
to provide for additional fishing opportunities in the BSAI early in
the year and reduce the incentive for trawl vessel operators to move
from the BSAI to the GOA after the rock sole roe fishery is closed,
typically by the end of February. NMFS intends to prepare a proposed
rule and publish it in the Federal Register for public review and
comment.
At its December 1993 meeting, the Council requested NMFS to
implement the above management measures immediately under an emergency
interim rule, by less than a unanimous vote. This request was in
response to new information from some affected fishermen about the
management of GOA halibut bycatch and total allowable catch (TAC)
amounts specified for thornyhead rockfish and Pacific ocean perch
(POP).
Several fishermen furnished information on practices of other
fishermen in the affected fisheries that are inconsistent with
conservation of Pacific halibut bycatch. This information was given in
the form of testimony, which was presented to the Council orally and in
writing. These are permissible means of constructing an administrative
record to undergird the Council's determinations.
Overfishing concerns exist for thornyhead rockfish and POP that
will require conservative management of the TAC amounts specified for
these species to avoid reaching overfishing levels and premature
closure of other groundfish fisheries that take thornyhead rockfish or
POP as bycatch. The Council heard concerns about the effect of
premature trawl closures brought about from proposed halibut bycatch
restrictions or overfishing on the GOA trawl fisheries and the
communities that depend on them.
Management measures to avert these problems must be implemented
early in the fishing season to avoid serious problems affecting
inseason monitoring and management of the thornyhead rockfish and POP
TACs and the halibut bycatch limit established for GOA trawl fisheries.
Implementing these measures under emergency interim rulemaking will
provide immediate benefits to the public that outweigh the value of
postponement for public review and comment. NMFS concurs with the
Council's recommendation to implement the following measures by an
emergency interim rule while a regulatory amendment is reviewed, which
would put these measures in place.
A. Establish two GOA trawl fishery categories for purposes of
apportioning the GOA halibut bycatch limit established for the trawl
gear fisheries (Sec. 672.20(f)). These two categories are the (1)
shallow water fishery complex (the Alaska pollock, Pacific cod, Atka
mackerel, shallow water flatfish, flathead sole, and ``other
species'' trawl fisheries), and (2) the deep water fishery complex
(the deepwater flatfish, rex sole, arrowtooth flounder, sablefish,
and rockfish trawl fisheries);
B. Revise the method for calculating retainable amounts of
groundfish species under directed fishing standards (Secs. 672.20(h)
and 675.20(i)). Revised methods will prohibit using retained amounts
of arrowtooth flounder or groundfish species closed to directed
fishing as a basis for calculating retainable amounts of other
groundfish species that are closed to directed fishing; and
C. Adjust the opening date for the BSAI yellowfin sole and
``other flatfish'' fisheries from May 1 to January 20. As a result
of this season adjustment, directed fishing standards governing
retainable amounts of flatfish species at Sec. 675.20(h)(2) also are
revised.
A fuller description of, and justification for, each of these
measures follow.
Establishment of Two GOA Trawl Categories for Purposes of Apportioning
the Halibut Bycatch Mortality Limit
Existing regulations at Sec. 672.20(f) establish a framework
process for the annual specification of separate Pacific halibut
prohibited species catch (PSC) limits for ``trawl'' and ``fixed gear''
fisheries, and for apportioning those limits by season. Although these
regulations limit the bycatch of Pacific halibut in the GOA groundfish
trawl fisheries, they have resulted in conflict among, and preemption
of, groundfish trawling operations in the GOA as different trawl
fishery components compete for shares of the available halibut PSC
limit. This occurs due to seasonal variations in halibut bycatch rates
and amounts experienced in the different trawl fisheries and the lack
of trawl fishery categories in regulations that could receive separate
apportionments of the halibut PSC limit.
Under existing regulations, it is possible for the activities of
one group of trawl vessels used to fish for a particular groundfish
species or species complex to take a disproportionate amount of the
halibut bycatch limit. This can cause the premature attainment of the
halibut PSC limit and closure of all trawling operations in the GOA,
except for trawling for pollock with pelagic trawl gear. Such closures
may leave significant amounts of economically important TAC
unharvested, idling vessels and crew, and disrupting processing and
fishing support sectors, fishery dependent communities, and
intermediate and final markets. Even if the total trawl PSC limit is
not reached prematurely, the threat that at any point in time in the
fishing year it may be, can force other user groups to incur
unnecessary costs, alter fishing plans, or undertake inefficient or
undesirable fishing decisions.
Many of the potentially adverse impacts of the present framework
process used to manage halibut bycatch in the GOA trawl fisheries would
be avoided or reduced if the GOA trawl PSC limit is apportioned between
competing fishery categories. Fishery data from the GOA trawl fisheries
indicate that the variation in halibut bycatch rates and associated
bycatch mortality in these fisheries appears to be relatively well
demarcated by the following operational categories: (1) Those vessels
fishing for species in the ``shallow water species complex'' (Alaska
pollock, Pacific cod, shallow water flatfish, flathead sole, Atka
mackerel, or ``other species''), and (2) those vessels fishing for
species in the ``deep water species complex'' (sablefish, rockfish,
deep water flatfish, and arrowtooth flounder). Although the Council's
action on this management measure included the flathead sole fishery in
the deep water complex, 1993 fishery data show that over 65 percent of
the total GOA flathead sole harvest was associated with fisheries in
the shallow water complex. Therefore, NMFS is including the flathead
sole fishery in the shallow water complex. The shallow water and deep
water complexes are associated with inshore and offshore trawl
operations, respectively.
Based on Council recommendations at its September and December 1993
meetings, the emergency rule apportions the 1994 GOA halibut trawl PSC
limit among fisheries and seasons as set forth below:
Apportionment of the 2000 metric ton (mt) halibut bycatch mortality
limit established for the 1994 GOA trawl fisheries among the shallow
and deep water trawl fishery complexes and seasons. Seasons open and
close at 12 noon, Alaska local time (A.l.t.), except that the first
season opens at 00:01 hours, A.l.t., January 20, and the last season
ends at 12 midnight, A.l.t., December 31.
----------------------------------------------------------------------------------------------------------------
Shallow complex Deep complex Total (metric
Season (metric tons) (metric tons) tons)
----------------------------------------------------------------------------------------------------------------
Jan. 20-Mar. 31........................................ 500 100 600
Mar. 31-Jun. 30........................................ 100 300 400
Jun. 30-Sep. 30........................................ 200 400 600
Sep. 30-Dec. 31........................................ (\1\) (\1\) 400
----------------------------------------------------------------------------------------------------------------
\1\No apportionment.
Attainment of a seasonal (quarterly) bycatch allowance by a fishery
complex will result in directed fishing closures for each species
within that fishery complex for the remainder of the quarter, except
that when the halibut bycatch allowance, or seasonal apportionment
thereof, specified for the shallow water complex is reached, directed
fishing for pollock with pelagic trawl gear may continue subject to
other regulatory provisions. Any overages or shortfalls of a quarterly
bycatch allowance will be accounted for in the subsequent quarterly
allowance.
A detailed justification for the fishery and seasonal
apportionments of the 1994 halibut PSC limit is described in the EA
prepared for this management measure (see ADDRESSES). In summary, the
apportionments implemented under this emergency rule reflect the
recommendations presented to the Council at its September and December
1993 meetings by an ad hoc industry working group responsible for
developing this management measure. These apportionments are intended
to accommodate seasonal bycatch requirements in a manner that optimizes
the 1994 halibut PSC limit established for trawl gear relative to
anticipated trawl fishing patterns and 1994 groundfish TACs.
Revision of the Methodology Used To Calculate Retainable Amounts of
Groundfish Under Directed Fishing Standards
The emergency rule amends Secs. 672.20(h) and 675.20(i) to address
problems with the current regulatory provisions for calculation of
``retainable'' bycatch amounts of groundfish species for which directed
fishing is closed. Current regulations provide for an overly liberal
computation of retainable amounts of groundfish bycatch species because
the basis for bycatch retention inappropriately includes species not
open for directed fishing. This compromises the intent of using
directed fishing standards to restrict bycatch of species after
directed fishery closures, effectively allowing unlimited bycatch
retention.
An associated concern exists that some vessel operators
deliberately target on arrowtooth flounder only to provide a basis for
retaining allowable amounts of high valued groundfish species for which
directed fishing is closed. In this case, arrowtooth flounder is
harvested solely for the purpose of providing ``directed catch''
against which ``retainable bycatch'' quantities may be calculated and
accumulated. Subsequently, the arrowtooth flounder directed catch is
discarded and only the economically valuable bycatch, authorized on the
basis of the quantity of the arrowtooth harvest, are actually retained
for processing. This practice effectively subverts the ``bycatch only''
intent of fishery closures and associated directed fishing standards at
Secs. 672.20 and 675.20. Furthermore, trawl operations for arrowtooth
flounder experience relatively high bycatch rates of halibut and
contribute to the premature attainment of the halibut PSC limit,
further aggravating the competition for halibut as bycatch in the
Alaska trawl fisheries and increasing the potential for costly trawl
fishery closures.
Adjustment of Season Opening Dates for the BSAI Flatfish Fisheries
Under the emergency rule, the opening date for the yellowfin sole
and ``other flatfish'' fisheries is adjusted from May 1 to January 20,
the beginning of the trawl fishing year in the Bering Sea
(Sec. 675.23(d)). The directed fishing standard for flatfish species
(Sec. 675.20(h)(2)) is changed to accommodate this season change and
allow sufficient bycatch amounts of rock sole, yellowfin sole,
arrowtooth flounder, or ``other flatfish'' in the flatfish fisheries,
while allowing for fishing operations to minimize the discard waste of
these species. The proposed change to the directed fishing standard for
these flatfish species also would establish species specific standards,
rather than aggregate standards for all flatfish species closed to
directed fishing. The intent of this action is to simplify directed
fishing standards, and reduce discard waste by increasing the
retainable amounts of flatfish species closed to directed fishing
relative to other flatfish species that are open to directed fishing.
The purpose of the season adjustment for the yellowfin sole and
``other flatfish'' fisheries is to provide the BSAI trawl industry with
viable fishing alternatives, reduce the need for, and likelihood of,
significant movement of fishing capacity from the BSAI to the GOA,
reduce competition for GOA halibut bycatch under the halibut bycatch
restrictions established for the GOA trawl fisheries, and reduce the
likelihood that displacement of Bering Sea trawl effort into the GOA
may preempt fishing opportunities for GOA operations later in the
fishing year by exhausting the GOA trawl halibut PSC limit, thus
necessitating GOA-wide trawl closures. This action also will reduce the
likelihood that bycatch amounts of GOA thornyhead rockfish and POP will
reach overfishing levels, resulting in costly fishery closures.
The original purpose for delaying directed fishing for yellowfin
sole and ``other flatfish'' species until May 1 was to prevent the
joint venture processing (JVP) and domestic annual processing (DAP)
fisheries from taking a disproportionate share of their respective red
king crab or halibut bycatch allowances established for Bycatch
Limitation Zones 1 or 2H (defined at Sec. 675.2), before available
amounts of yellowfin sole and other groundfish species were harvested.
Early attainment of red king crab or halibut bycatch allowances because
of high bycatch rates experienced in the early spring flatfish
fisheries resulted in premature fishery closures that prevented
available amounts of flatfish and other groundfish species from being
harvested. Delaying the opening of the yellowfin sole and ``other
flatfish'' fisheries until May 1 allowed the DAP fisheries to utilize
the bulk of the available Zone 1 PSC limits in the rock sole and
Pacific cod fisheries from January through April, optimizing their
catch of allocated groundfish species.
The flatfish fisheries have changed substantially since the May 1
starting date was implemented. JVP fisheries no longer operate in the
EEZ off Alaska. The domestic industry has developed profitable new
markets for products from the ``other flatfish'' complex. In addition,
the yellowfin sole and rock sole/``other flatfish'' fisheries are
allocated separate bycatch allowances that may be seasonally
apportioned to optimize the groundfish harvest within the established
prohibited species bycatch restrictions.
The May 1 opening date of the yellowfin sole and ``other flatfish''
fisheries now has the effect of preventing domestic fishermen from
harvesting these resources at the beginning of the fishing year, when
few other fishing opportunities exist. This has contributed, for
example, to a situation in which the available TAC for the ``other
flatfish'' complex has been underutilized in recent years. In 1991,
only about 47 percent of the TAC for this species group was harvested.
In 1992 and 1993, that figure dropped to 38 percent and 45 percent,
respectively. While these resources have been underutilized, despite an
expressed interest in accessing them at the beginning of the fishing
year, retention of the May 1 opening has forced BSAI trawl fishermen to
either move into the GOA deepwater flatfish fishery, which opens in
January, or cease fishing until May 1.
The rock sole fishery in the Bering Sea currently opens at the
beginning of the fishing year to allow the lucrative ``roe'' fishery to
be conducted. This fishery typically closes in late-February or early-
March when the rock sole are spawned out. Seasonal halibut bycatch
restrictions can close other fisheries (e.g., Pacific cod during 1991
and 1992), leaving, as noted above, few alternative fishing
opportunities for the BSAI groundfish fleet. Flathead sole, one of the
species in the Bering Sea ``other flatfish'' category, produce roe,
which matures just after rock sole roe matures. Markets for roe-bearing
flathead sole have emerged, making this fishery a natural extension of
that for roe-bearing rock sole in the Bering Sea. Other markets for
these flatfish species, including a domestic fillet market, are under
development.
Under the emergency rule, opening the BSAI yellowfin sole fishery
and the ``other flatfish'' fishery at the beginning of the 1994 trawl
season (January 20) will provide vessel operators fishing in the Bering
Sea with the opportunity to participate in a potentially profitable,
developing fishery. This opportunity is expected to reduce the need for
vessels to move into the GOA trawl fisheries early in the fishing year,
thus potentially decreasing pressure on the GOA halibut PSC limit,
reducing the likelihood of rockfish bycatch amounts reaching
overfishing levels in the GOA trawl fisheries, and diminishing the
probability of preemption of existing GOA groundfish fisheries through
early closure.
NMFS concurs that the above regulatory measures must be implemented
by emergency rulemaking to prevent overfishing of thornyhead rockfish
and POP stocks and premature attainment of the halibut trawl PSC limit,
thus reducing the likelihood of costly fishery closures. Such closures
would result in significant direct economic loss to nearly all segments
of the GOA trawl industry due to foregone groundfish harvests and
closure of processing operations. Social costs associated with such
closures include increased unemployment and reduced cash flow through
business and communities that support and depend upon the GOA
groundfish fisheries. Comments on this action are invited through
February 25, 1994 (see ADDRESSES).
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to respond to an emergency
situation and that it is consistent with the Magnuson Act and other
applicable laws.
This rule is not subject to review under E.O. 12866.
The AA finds that the reasons justifying promulgation of this rule
on an emergency basis 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 under sections 553(b) and (d)
of the Administrative Procedure Act. The management measures
implemented under this emergency rule must be implemented as soon as
possible to respond to testimony at the Council's September and
December 1993 meetings concerning the developing competition between
GOA trawl fisheries for the halibut bycatch mortality limit and the
potential for overfishing of thornyhead rockfish and POP. This action
is necessary to allocate the GOA halibut PSC limit between trawl
fisheries, limit the influx of BSAI trawl effort into the GOA after the
BSAI rock sole roe fishery ends in late February, and prevent an
associated increase in thornyhead, POP, and halibut bycatch amounts.
Decreased bycatch of these species under the emergency rule will
diminish the potential for premature fishery closures, decrease
foregone groundfish harvests, and increase fishery revenues under
existing overfishing and halibut bycatch restrictions.
This rule is exempt from the procedures of the Regulatory
Flexibility Act, because it is issued without opportunity for prior
public comment.
This rule will be implemented in a manner that is consistent to the
maximum extent practicable with the approved coastal management program
of the State of Alaska. This determination has been submitted under
section 307 of the Coastal Zone Management Act for review by the
responsible State agency.
An EA was prepared for the regulatory amendment that will follow
this action (see ADDRESSES).
List of Subjects in 50 CFR Parts 672 and 675
Fisheries, Recordkeeping and reporting.
Dated: February 4, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set forth 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)(i) and (h)(1) are suspended
from February 7, 1994 until May 11, 1994 and new paragraphs (f)(3) and
(h)(3) are added from February 7, 1994 until May 11, 1994 as follows:
Sec. 672.20 General limitations.
* * * * *
(f) * * *
(3) Trawl gear fisheries.--(i) Apportionment of the Halibut PSC
limit to Trawl gear fisheries. The halibut PSC limit for trawl gear
specified under paragraph (f)(2) of this section is apportioned into
bycatch allowances and seasonal apportionments thereof, specified in
paragraph (f)(3)(iii) of this section, for fishery categories defined
in paragraph (f)(3)(ii) of this section, based on each category's
proportional share of the anticipated bycatch mortality of halibut
during a fishing year and the need to optimize the amount of total
groundfish harvested under the non-trawl halibut PSC limit. The sum of
all halibut bycatch allowances will equal the halibut PSC limit
specified at paragraph (f)(2) of this section.
(ii) For purposes of apportioning the trawl 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 Sec. 672.20 (a) and (c):
(A) Shallow water species fishery. Fishing with trawl gear during
any weekly reporting period that results in a retained aggregate catch
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, and ``other species'' that is greater than the retained
amount of any other groundfish species or species group.
(B) Deep water species fishery. Fishing with trawl gear during any
weekly reporting period that results in a retained catch of groundfish
and is not a shallow water species fishery as defined under paragraph
(f)(3)(ii)(A) of this section.
(iii) 1994 emergency interim bycatch allowances and seasonal
apportionments thereof. The halibut PSC limit specified for vessels
using trawl gear under paragraph (f)(2) of this section is apportioned
among trawl fishery categories and season under this paragraph (f)(3)
as follows:
----------------------------------------------------------------------------------------------------------------
Shallow water Deep water
Season species complex species complex Total (metric
(metric tons) (metric tons) tons)
----------------------------------------------------------------------------------------------------------------
Jan. 20--Mar. 31....................................... 500 100 600
Mar. 31--Jun. 30....................................... 100 300 400
Jun. 30--Sep. 30....................................... 200 400 600
Sep. 30--Dec. 31....................................... (\1\) (\1\) 400
----------------------------------------------------------------------------------------------------------------
\1\No apportionment.
(iv) Attainment of a Pacific halibut trawl fishery bycatch
allowance. If, during the fishing year, the Regional Director
determines that U.S. fishing vessels participating in either of the
trawl fishery categories listed in paragraphs (f)(3)(ii) (A) or (B) of
this section will catch the Pacific halibut bycatch allowance, or
seasonal apportionment thereof, specified for that fishery category in
paragraph (f)(3)(iii) of this section, NMFS will close the entire Gulf
of Alaska to directed fishing with trawl gear for each species and/or
species group that comprises that fishery category, except that when
the halibut bycatch allowance or seasonal apportionment thereof
specified for the shallow water species fishery is reached, fishing for
pollock by vessels using pelagic trawl gear may continue, consistent
with other provisions of this part.
* * * * *
(h) * * *
(3) Calculations.--(i) In making any determination concerning
directed fishing under paragraph (g) of this section, the amount or
percentage of any species, species group or any fish or fish products
will be calculated in round weight equivalents.
(ii) Arrowtooth flounder or any groundfish species for which
directed fishing is closed may not be used to calculate retainable
amounts of other groundfish species under paragraph (g) of this
section.
* * * * *
PART 675--GROUNDFISH FISHERY OF THE BERING SEA AND ALEUTIAN ISLANDS
AREA
3. The authority citations for 50 CFR part 675 continue to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 675.20, paragraphs (h)(2), (h)(6), and (i)(1) are
suspended from February 7, 1994 until May 11, 1994, and new paragraphs
(h)(7), (h)(8) and (i)(3) are added from February 7, 1994 until May 11,
1994, as follows:
Sec. 675.20 General limitations.
* * * * *
(h) * * *
(7) Yellowfin sole, rock sole, arrowtooth flounder, or ``other
flatfish''. The operator of a vessel is engaged in directed fishing for
yellowfin sole, rock sole, arrowtooth flounder, or ``other flatfish''
if he retains at any time during a trip an amount of one of these
species equal to or greater than 35 percent of the amount of the other
respective species retained at the same time on the vessel during the
same trip, plus 20 percent of any groundfish species other than
yellowfin sole, rock sole, or ``other flatfish'' retained at the same
time on the vessel during the same trip.
(8) Other. Except as provided under paragraphs (h) (1) through (7)
of this section, the operator of a vessel is engaged in directed
fishing for a specific species or species group if he retains at any
particular time during a trip that species or species group in an
amount equal to or greater than 20 percent of the amount of all other
fish species retained at the same time on the vessel during the same
trip.
(i) * * *
(3) Calculations. (i) In making any determination concerning
directed fishing under paragraph (h) of this section, the amount or
percentage of any species, species group or any fish or fish products
will be calculated in round weight equivalents.
(ii) Arrowtooth flounder or any groundfish species for which
directed fishing is closed may not be used to calculate retainable
amounts of other groundfish species under paragraph (h) of this
section.
* * * * *
5. In Sec. 675.23, paragraph (c) is suspended from February 7, 1994
until May 11, 1994 and new paragraph (f) is added from February 7, 1994
until May 11, 1994, as follows:
Sec. 675.23 Seasons.
* * * * *
(f) Directed fishing for arrowtooth flounder and Greenland turbot
is authorized from 12 noon Alaska local time, May 1 through 12
midnight, Alaska local time, December 31, subject to the other
provisions of this part.
[FR Doc. 94-3054 Filed 2-7-94; 4:30 pm]
BILLING CODE 3510-22-P
