[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8470-8478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3483]
[[Page 8469]]
_______________________________________________________________________
Part III
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
50 CFR Part 611, et al.
Limited Access Management of Federal Fisheries In and Off of Alaska;
Final 1995 Harvest Specifications of Groundfish; Final Rules
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 /
Rules and Regulations
[[Page 8470]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 611, 672, and 676
[Docket No. 950206041-5041-01; I.D. 112894A]
Groundfish of the Gulf of Alaska; Foreign Fishing; Limited Access
Management of Federal Fisheries In and Off of Alaska; Final 1995
Harvest Specifications of Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1995 harvest specifications of groundfish and associated
management measures; closures; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces final 1995 harvest specifications for Gulf of
Alaska (GOA) groundfish and associated management measures. This action
is necessary to establish harvest limits and associated management
measures for groundfish during the 1995 fishing year. NMFS is also
closing specified fisheries consistent with the final 1995 groundfish
specifications. These measures are intended to carry out management
objectives contained in the Fishery Management Plan for Groundfish of
the Gulf of Alaska (FMP).
DATES: The final 1995 harvest specifications are effective on February
8, 1995 through 2400 Alaska local time (A.l.t.), December 31, 1995, or
until changed by subsequent notification in the Federal Register. The
closures to directed fishing are effective February 8, 1995 through
2400 A.l.t., December 31, 1995, or until changed by subsequent
notification in the Federal Register. Comments are invited on the
apportionments of reserves on or before February 23, 1995.
ADDRESSES: Comments should be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, National Marine Fisheries Service,
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Copies of the
Environmental Assessment (EA) for 1995 Total Allowable Catch
Specifications for the Gulf of Alaska, dated February 1995, may be
obtained from the above address or by calling (907) 586-7229. The Final
Stock Assessment and Fishery Evaluation Report (SAFE report), dated
November 1994, is available from the North Pacific Fishery Management
Council, P.O. Box 103136, Anchorage, AK 99510 or by calling (907) 271-
2809.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, NMFS, (907) 586-7228.
SUPPLEMENTARY INFORMATION:
Background
NMFS announces for the 1995 fishing year: (1) Total allowable catch
(TAC) amounts for each groundfish species category in the GOA and
apportionments thereof among domestic annual processing (DAP), joint
venture processing (JVP), total allowable level of foreign fishing
(TALFF), and reserves; (2) apportionments of reserves to DAP; (3)
assignments of the sablefish TAC to authorized fishing gear users; (4)
apportionments of pollock TAC among regulatory areas, seasons, and
between inshore and offshore components; (5) apportionment of Pacific
cod TAC between inshore and offshore components; (6) ``other species''
TAC; (7) prohibited species catch (PSC) limits relevant to fully
utilized groundfish species; (8) closures to directed fishing; (9)
Pacific halibut PSC mortality limits; and, (10) seasonal apportionments
of the halibut PSC limits. A discussion of each of these measures
follows.
The process of determining TACs for groundfish species in the GOA
is established in regulations implementing the FMP, which was prepared
by the North Pacific Fishery Management Council (Council) under
authority of the Magnuson Fishery Conservation and Management Act. The
FMP is implemented by regulations for the foreign fishery at 50 CFR
part 611 and for the U.S. fishery at 50 CFR parts 672 and 676. General
regulations that also pertain to U.S. fisheries appear at 50 CFR part
620.
Pursuant to Sec. 672.20(a)(2)(ii), the sum of the TACs for all
species must fall within the combined optimum yield (OY) range of
116,000-800,000 metric tons (mt) established for these species in
Sec. 672.20(a)(1). Under Secs. 611.92(c)(1) and 672.20(a)(2)(i), TACs
are apportioned initially among DAP, JVP, TALFF, and reserves. The DAP
amounts are intended for harvest by U.S. fishermen for delivery and
sale to U.S. processors. JVP amounts are intended for joint ventures in
which U.S. fishermen typically deliver their catches to foreign
processors at sea. TALFF amounts are intended for harvest by foreign
fishermen.
Regulations at Sec. 672.20(a)(2)(ii) establish initial reserves
equal to 20 percent of the TACs for pollock, Pacific cod, flatfish
species categories, and ``other species.'' Reserve amounts are set
aside for possible reapportionment to DAP and/or JVP if the initial
apportionments prove inadequate. Reserves that are not reapportioned to
DAP or JVP may be reapportioned to TALFF according to
Sec. 672.20(d)(2).
The Council met from September 28 to October 5, 1994, and developed
recommendations for proposed 1995 TAC specifications for each species
category of groundfish on the basis of the best available scientific
information. The Council also recommended other management measures
pertaining to the 1995 fishing year. Under Sec. 672.20(c)(1)(ii),
proposed GOA groundfish specifications and specifications for
prohibited species bycatch allowances for the groundfish fishery of the
GOA were published in the Federal Register on December 22, 1994 (59 FR
65990). Interim amounts of one-fourth the proposed TAC levels were
published in the Federal Register on December 22, 1994 (59 FR 65975).
The final 1995 groundfish harvest specifications and prohibited species
bycatch allowances contained in this action supersede the interim
specifications.
The Council met on December 7-11, 1994, to review the best
available scientific information concerning groundfish stocks, and to
consider public testimony regarding 1995 groundfish fisheries.
Scientific information is contained in the November 1994 SAFE report
for the GOA. The November 1994 SAFE report was prepared and presented
by the GOA Plan Team to the Council and the Council's Scientific and
Statistical Committee (SSC) and Advisory Panel (AP) and includes the
most recent information concerning the status of groundfish stocks
based on the most recent catch data, survey data, and biomass
projections using different modeling approaches or assumptions.
For establishment of the acceptable biological catches (ABCs) and
TACs, the Council considered information in the SAFE report,
recommendations from its SSC and AP, as well as public testimony. The
SSC adopted the ABC recommendations from the Plan Team, which were
provided in the SAFE report, for all of the groundfish species
categories, except Pacific ocean perch (POP), Pacific cod, and Atka
mackerel.
The Plan Team separated black rockfish from the pelagic shelf
rockfish and established an ABC for this species. The SSC did not
believe adequate biological information is available to separate this
species and did not recommend a separate category. The Council accepted
the advice of the SSC and this action continues to include black
rockfish as a part of the pelagic shelf rockfish group. [[Page 8471]]
The Plan Team and the SSC recommended removing redbanded rockfish
(Sebastes babcocki) from the demersal shelf rockfish (DSR) group and
placing it in the ``other rockfish'' category because the harvest of
this species as bycatch in other fisheries can result in closure of the
DSR fishery before other species components may be harvested.
Furthermore, redbanded rockfish are caught as bycatch in the ``other
rockfish'' category. The DSR and ``other rockfish'' TAC amounts are
adjusted in this action to reflect this reclassification of redbanded
rockfish.
The Council adopted the SSC's ABC recommendations for each species
category, except for POP. The Council's recommended ABCs reflect
harvest amounts that are less than the specified overfishing amounts.
These amounts are listed in Table 1. The sum of 1995 ABCs for all
groundfish is 492,780 mt, which is lower than the 1994 ABC total of
553,050 mt.
As in 1994, the SSC calculated the ABC for POP by applying a
fishing mortality rate of F=0.078 adjusted by the ratio of the current
biomass to target spawning biomass to provide for rebuilding, which
results in an ABC of 8,230 mt. Because this ABC is equal to the
overfishing level (OFL), the Plan Team had further reduced this number
by F35%/F30% to provide a buffer between the ABC and OFL,
which results in an ABC of 6,530 mt. As at the September meeting, the
SSC did not agree with the latter adjustment and, as it did in 1994,
recommended that ABC equal OFL. However, the Council adopted the
recommendation of the Plan Team. The ABC for POP is set at 6,530 mt.
1. Specifications of TAC and Apportionments Thereof Among DAP, JVP,
TALFF, and Reserves
The Council recommended TACs equal to ABCs for pollock, Pacific
cod, sablefish, shortraker/rougheye rockfish, pelagic shelf rockfish,
DSR, thornyhead rockfish, Atka mackerel, and northern rockfish. The
Council recommended TACs less than the ABC for shallow-water and deep-
water flatfish, other slope rockfish, rex sole, flathead sole, and
arrowtooth flounder. The final 1995 ABCs, TACs, and OFLs are shown in
Table 1. The sum of the TACs for all GOA groundfish is 279,463 mt,
which is within the OY range specified by the FMP. The sum of the TACs
is lower than the 1994 TAC sum of 304,595 mt.
The 1995 POP ABC was approximately double the 1994 ABC level. This
caused some concern for the Council in establishing a 1995 TAC that was
significantly higher than the 1994 TAC. Therefore, the Council
requested staff to prepare an FMP amendment to the POP rebuilding plan
that would establish an upperbound TAC limit but allow the Council to
establish TAC below that limit. The current POP rebuilding plan does
not allow a TAC to be set that differs from that specified in the
rebuilding plan. However, until the FMP has been amended, NMFS must
establish a POP TAC consistent with the current POP rebuilding plan, or
5,630 mt. NMFS recognizes the Council's intent, but is required to
specify a TAC consistent with the FMP until the FMP is amended to allow
a more conservative TAC and a more rapid rebuilding schedule.
The Plan Team's ABC recommendation for Pacific cod (108,000 mt) was
approximately double the 1994 ABC (50,400 mt). This was due, in part,
to a change from the length-based stock assessment model to a stock
synthesis model that used a different recruitment assumption, and that
had fitted survey selectivity of catch along with natural mortality
rate. However, the SSC was concerned with the Plan Team recommendation
because the stock has been declining since 1987 and, with an average
recruitment rate, the stock is projected to decline under any catch
rate. The SSC advised using a more conservative F40% exploitation
rate. The resulting ABC is 69,200 mt. The AP recommended a TAC equal to
the SSC's ABC. This level was accepted by the Council. The 1995 TAC for
Pacific cod is set at 69,200 mt.
The Council recommended setting the TAC for the various flatfish
groups equal to the 1994 TAC amounts except for the Central Gulf (CG)
TAC for arrowtooth flounder. The Council recommended increasing the CG
TAC for arrowtooth flounder from 20,000 mt to 25,000 mt, to accommodate
anticipated increased groundfish harvest in this area of the GOA. The
1995 TAC for various flatfish groups reflect these recommendations.
The Council approved the AP recommendation of adopting the 1994 TAC
amounts for flathead sole as the 1995 TAC amounts. In the GOA Eastern
Regulatory Area, the 1994 TAC amount (3,000 mt) is higher than the
Council's recommended 1995 ABC (2,740 mt). To maintain consistency with
the accepted policy of setting TACs lower than or equal to ABC amounts,
NMFS is establishing a 1995 TAC of 2,740 mt for the Eastern Regulatory
Area. This number is equal to the 1995 ABC recommended by the Plan Team
and the SSC and approved by the Council. Adjustment of the flathead
sole TAC in the Eastern Regulatory Area changes the total 1995 flathead
sole TAC to 9,740 mt. This revision is also reflected in the 1995 TAC
for ``other species.'' NMFS establishes a TAC of 13,308 mt for ``other
species'' which represents 5 percent of the sum of the TACs for the
other groundfish species categories.
The Council, after specifying the TACs, recommended 1995
apportionments of the TACs for each species category among DAP, JVP,
TALFF, and reserves. Existing harvesting and processing capacity of the
U.S. industry is capable of utilizing the entire 1995 TAC specification
for GOA groundfish; therefore, the Council recommended that the DAP
allowance equal the TAC for each species category. NMFS concurs and no
TALFF or JVP apportionments for the 1995 fishing year are specified.
NMFS reviewed the Council's recommendations concerning TAC
specifications and apportionments. Except as noted, NMFS hereby
approves the Council's recommendations and specifications under
Sec. 672.20(c)(1)(ii)(B).
The 1995 ABCs, TACs, and overfishing levels are shown in Table 1.
Table 1.--1995 ABCs, TACs, and DAPs of Groundfish (Metric Tons) for the Western/Central (W/C), Western (W),
Central (C), and Eastern (E) Regulatory Areas and in the West Yakutat (WYK), Southeast Outside (SEO), and Gulf-
Wide (GW) Districts of the Gulf of Alaska. Amounts Specified as Joint Venture Processing (JVP) and Total
Allowable Level of Foreign Fishing (TALFF) Are Proposed To Be Zero and Are Not Shown in This Table. Reserves Are
Apportioned to DAP
----------------------------------------------------------------------------------------------------------------
Species Area\1\ ABC TAC=DAP Overfishing
----------------------------------------------------------------------------------------------------------------
Pollock\2\
Shumagin............................................... (61) 30,380 30,380}
Chirikof............................................... (62) 15,310 15,310} 266,000
[[Page 8472]]
Kodiak................................................. (63) 16,310 16,310}
Subtotal........................................... W/C 62,000 62,000
E 3,360 3,360 14,400
--------------------------------------
Total.......................................... ............ 65,360 65,360 280,400
======================================
Pacific cod\3\
Inshore.................................................. W ........... 18,090
Offshore................................................. W ........... 2,010
Inshore.................................................. C ........... 41,085
Offshore................................................. C ........... 4,565
Inshore.................................................. E ........... 3,105
Offshore................................................. E ........... 345
Subtotals
W 20,100 20,100
C 45,650 45,650
E 3,450 3,450
--------------------------------------
Total.......................................... ............ 69,200 69,200 126,000
======================================
Flatfish\4\ (deep-water)................................... W 670 460
C 8,150 7,500
E 5,770 3,120
--------------------------------------
Total.......................................... ............ 14,590 11,080 17,040
======================================
Rex sole\4\................................................ W 1,350 800
C 7,050 7,050
E 2,810 1,840
--------------------------------------
Total.......................................... ............ 11,210 9,690 13,091
======================================
Flathead sole.............................................. W 8,880 2,000
C 17,170 5,000
E 2,740 2,740
--------------------------------------
Total.......................................... ............ 28,790 9,740 31,557
======================================
Flatfish\5\ (shallow-water)................................ W 26,280 4,500
C 23,140 12,950
E 2,850 1,180
--------------------------------------
Total.......................................... ............ 52,270 18,630 60,262
======================================
Arrowtooth flounder........................................ W 28,400 5,000
C 141,290 25,000
E 28,440 5,000
--------------------------------------
Total.......................................... ............ 198,130 35,000 231,416
======================================
Sablefish\6\............................................... W 2,600 2,600
C 8,600 8,600
WYK 4,100 4,100
SEO 6,200 6,200
--------------------------------------
Total.......................................... ............ 21,500 21,500 25,730
======================================
Pacific ocean perch\7\..................................... W 1,180 1,014 1,482
C 3,130 2,702 3,951
E 2,220 1,914 2,799
--------------------------------------
Total.......................................... ............ 6,530 5,630 8,232
======================================
Short raker rougheye\8\.................................... W 170 170
C 1,210 1,210
E 530 530
--------------------------------------
Total.......................................... ............ 1,910 1,910 2,925
======================================
Other rockfish91011........................................ W 180 55
[[Page 8473]]
C 1,170 370
E 5,760 1,810
--------------------------------------
Total.......................................... ............ 7,110 2,235 8,395
======================================
Northern Rockfish\12\...................................... W 640 640
C 4,610 4,610
E 20 20
--------------------------------------
Total.......................................... ............ 5,270 5,270 9,926
======================================
Pelagic shelf rockfish\13\................................. W 910 910
C 3,200 3,200
E 1,080 1,080
--------------------------------------
Total.......................................... ............ 5,190 5,190 8,704
======================================
Demersal shelf rockfish\11\................................ SEO 580 580 1,044
Thornyhead rockfish........................................ GW 1,900 1,900 2,660
Atka mackerel.............................................. W ........... 2,310
C ........... 925
E ........... 5
Total.......................................... ............ 3,240 3,240 11,700
======================================
Other species\14\.......................................... GW \15\N/A 13,308
--------------------------------------
Total\16\...................................... ............ 492,780 279,463 839,082
----------------------------------------------------------------------------------------------------------------
\1\Regulatory areas and districts are defined at Sec. 672.2.
\2\Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3),
each of which is further divided into equal quarterly allowances. In the Eastern Regulatory Area, pollock is
not divided into quarterly allowances.
\3\Pacific cod is allocated 90 percent to the inshore, and 10 percent to the offshore component. Component
allowances are shown in Table 4.
\4\``Deep-water flatfish'' means Dover sole and Greenland turbot.
\5\``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\Sablefish is allocated to trawl and hook-and-line gears (Table 2).
\7\``Pacific ocean perch'' means Sebastes alutus.
\8\``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).
\9\``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means
slope rockfish.
\10\``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), and S. reedi (yellowmouth).
\11\``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S.
maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\12\``Northern rockfish'' means Sebastes polyspinis.
\13\``Pelagic shelf rockfish'' means Sebastes melanops (black), S. mystinus (blue), S. ciliatus (dusky), S.
entomelas (widow), and S. flavidus (yellowtail).
\14\``Other species'' means sculpins, sharks, skates, eulachon, smelts, capelin, squid, and octopus. The TAC for
``other species'' equals 5 percent of the TACs of target species.
\15\``N/A'' means not applicable.
\16\The total ABC is the sum of the ABCs for target species.
2. Apportionment of Reserves to DAP
Regulations implementing the FMP require 20 percent of each TAC for
pollock, Pacific cod, flatfish species, and the ``other species''
category be set aside in reserves for possible apportionment at a later
date (Sec. 672.20(a)(2)(ii)). For the preceding 7 years, including
1994, NMFS has apportioned all of the reserves to DAP. For 1995, NMFS
apportions reserves for each species category to DAP, anticipating that
domestic harvesters and processors will need all the DAP amounts.
Specifications of DAP shown in Table 1 reflect apportioned reserves.
Under Sec. 672.20(d)(5)(iv), the public may submit comments on the
apportionments of reserves. Comments should focus on whether, and the
extent to which, operators of vessels of the United States will harvest
reserve or DAP amounts during the remainder of the year and whether,
and the extent to which, U.S. harvested groundfish can or will be
processed by U.S. fish processors or received at sea by foreign fishing
vessels.
3. Assignment of the Sablefish TACs to Authorized Fishing Gear Users
Under Sec. 672.24(c), sablefish TACs for each of the regulatory
areas and districts are assigned to hook-and-line and trawl gear. In
the Western and Central Regulatory Areas, 80 percent of each TAC is
assigned to hook-and-line gear and 20 percent to trawl gear. In the
Eastern Regulatory Area, 95 percent of the TAC is assigned to hook-and-
line gear and 5 percent is assigned to trawl gear. The trawl gear
allocation in the Eastern Regulatory Area may only be
[[Page 8474]] used as bycatch to support directed fisheries for other
target species. Sablefish caught in the GOA with gear other than hook-
and-line or trawl gear must be treated as prohibited species and may
not be retained. Table 2 shows the assignments of the 1995 sablefish
TACs between hook-and-line and trawl gear.
Table 2.--1995 Sablefish TAC Specifications in the Gulf of Alaska and
Assignments Thereof to Hook-and-Line and Trawl Gear. Values Are in
Metric Tons
------------------------------------------------------------------------
Hook-and-line
Area/district TAC share Trawl share
------------------------------------------------------------------------
Western................. 2,600 2,080 520
Central................. 8,600 6,880 1,720
West Yakutat............ 4,100 3,895 205
Southeast Outside....... 6,200 5,890 310
Total............... 21,500 18,745 2,755
------------------------------------------------------------------------
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 Sec. 672.20(a)(2)(iv) require that
the TAC for pollock in the combined Western and Central Areas of the
GOA be apportioned among statistical areas Shumagin (61), Chirikof
(62), and Kodiak (63) 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 is further divided equally among
the four quarterly reporting periods of the fishing year (Table 3).
Within any fishing year, any unharvested amount of any quarterly
allowance of pollock TAC is added in equal proportions to the quarterly
allowance of following quarters, resulting in a sum for each quarter
that does not exceed 150 percent of the initial quarterly allowance.
Similarly, harvests in excess of a quarterly allowance of TAC are
deducted in equal proportions from the remaining quarterly allowances
of that fishing year. As defined at Sec. 672.23(f), directed fishing
for the four quarterly allowances starts on January 1, June 1, July 1,
and October 1. The Eastern Regulatory Area pollock TAC of 3,360 mt is
not allocated among smaller areas, or quarters.
Regulations at Sec. 672.20(a)(2)(v)(A) require that the DAP
apportionment for pollock in all regulatory areas and all quarterly
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 Regional Director to be necessary to support the
bycatch needs of the offshore component in directed fisheries for other
groundfish species. At this time, incidental amounts of pollock to be
caught by the offshore component are unknown, and will be determined
during the fishing year.
Table 3.--Distribution of Pollock in the Western and Central Regulatory
Areas of the Gulf of Alaska (W/C GOA); Biomass Distribution, Area
Apportionments, and Quarterly Allowances. ABC for the W/C GOA is 62,000
Metric Tons (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
------------------------------------------------------------------------
Quarterly
Statistical area Biomass percent 1995 TAC allowance
------------------------------------------------------------------------
Shumagin (61).......... 49 30,380 7,595
Chirikof (62).......... 24.7 15,310 3,826
Kodiak (63)............ 26.3 16,310 4,078
Total.............. 100.0 62,000 15,499
------------------------------------------------------------------------
5. Apportionment of Pacific Cod TAC Between Inshore and Offshore
Components
Regulations at Sec. 672.20(a)(2)(v)(B) require that the DAP
apportionment of Pacific cod in all regulatory areas be allocated to
vessels catching Pacific cod for processing by the inshore and offshore
components. The inshore component is equal to 90 percent of the Pacific
cod TAC in each regulatory area. The remaining 10 percent of the TAC
assigned to the offshore component. Inshore and offshore allocations of
the 69,200 mt Pacific cod TAC for 1995 are shown in Table 4.
Table 4.--1995 Allocation (Metric Tons) of Pacific Cod in the Gulf of
Alaska; Allocations to Inshore and Offshore Components
------------------------------------------------------------------------
Component allocation
Regulatory area TAC -------------------------------
Inshore (90%) Offshore (10%)
------------------------------------------------------------------------
Western................. 20,100 18,090 2,010
Central................. 45,650 41,085 4,565
[[Page 8475]]
Eastern................. 3,450 3,105 345
-----------------------------------------------
Total............... 69,200 62,280 6,920
------------------------------------------------------------------------
6. ``Other Species'' TAC
The FMP specifies that the TAC amount for the ``other species''
category is calculated as 5 percent of the 1995 combined TACs for
target species. This results in a TAC amount of 13,308 mt for 1995.
7. PSC Limits Relevant to Fully Utilized Species
Under Sec. 672.20(b)(1), if NMFS determines, after consultation
with the Council, that the TAC for any species or species group will be
fully utilized in the DAP fishery, a groundfish PSC limit applicable to
the JVP fisheries may be specified for that species or species group.
The Council recommended that DAP equal TAC for each species
category. NMFS concurs with the Council's recommendation, and has not
established any JVP amounts; therefore, no groundfish PSC limits under
Sec. 672.20(b)(1) are necessary.
8. Closures to Directed Fishing
The interim 1995 initial specifications of groundfish, associated
management measures, and closures for the GOA (59 FR 659575, December
22, 1994) contained several closures to directed fishing for groundfish
during 1995. The closures for the final specifications are listed in
Table 5.
Under Sec. 672.20(c)(2)(ii), the Director, Alaska Region, NMFS
(Regional Director), determined that the entire TACs or allocations of
TAC of some groundfish species and species groups will be needed as
incidental catch to support other anticipated groundfish fisheries
during 1995. The Regional Director is establishing directed fishing
allowances of zero mt and prohibiting directed fishing for the
remainder of the year for the fisheries listed in Table 5. Directed
fishing standards for the aforementioned closures may be found at
Sec. 672.20(g).
Table 5.--Closures to Directed Fishing for Total Allowable Catches Implemented by This Action.\1\ Offshore=the
Offshore Component; TRW=Trawl; ALL=All Gears; WG=Western Regulatory Area; CG=Central Regulatory Area; EG=Eastern
Regulatory Area; GOA=Entire Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Fishery Component Gear Closed areas
----------------------------------------------------------------------------------------------------------------
Atka mackerel............................................. ................ ALL GOA
Northern rockfish......................................... ................ ALL WG, EG
Deep-water flatfish....................................... ................ ALL WG
Other rockfish\2\......................................... ................ ALL WG, CG
Pacific cod............................................... Offshore ALL EG
Pacific ocean perch....................................... ................ ALL WG, CG
Rex sole.................................................. ................ ALL WG
Sablefish................................................. ................ TRW WG, CG
Shortraker/rougheye rockfish.............................. ................ ALL GOA
Thornyhead rockfish....................................... ................ ALL GOA
----------------------------------------------------------------------------------------------------------------
\1\These closures to directed fishing are in addition to closures and prohibitions found in regulations at 50
CFR part 672.
\2\``Other rockfish'' includes slope and demersal shelf rockfish in the WG and CG.
In addition to the above closures, NMFS closed statistical areas 62
and 63 to directed fishing for pollock effective noon, A.l.t., January
24, 1995 (60 FR 5337, January 27, 1995; 60 FR 5338, January 27, 1995),
under authority of the interim 1995 specifications. In accordance with
Sec. 672.20(c)(2)(ii), the closure for Statistical Area 63 will remain
in effect until noon, A.l.t., April 1, 1995, or until changed by
subsequent notification in the Federal Register. The Director, Alaska
Region, NMFS, determined that the remaining quarterly allowance of
pollock TAC in Statistical Area 62 is sufficient to allow a 48-hour
directed fishery. In a separate notification in the Federal Register,
NMFS is reopening directed fishing for pollock in Statistical Area 62
from 12 noon, A.l.t., February 8, 1995 until 12 noon, A.l.t., February
10, 1995. Effective 12 noon, A.l.t., February 10, 1995, the closure to
directed fishing for pollock in Statistical Area 62 is reinstated. In
accordance with Sec. 672.20(c)(2)(ii), the closure for Statistical Area
62 will remain in effect until 12 noon, A.l.t., April 1, 1995, or until
changed by subsequent notification in the Federal Register. Directed
fishing standards for applicable gear types may be found in the
regulations at Sec. 672.20(g). Pursuant to Sec. 672.23(f), directed
fishing for pollock is prohibited after the first quarter ends on noon,
April 1, 1995, until the second quarter directed fishery opens at 12
noon, A.l.t., June 1, 1995.
9. Halibut PSC (PSC) Mortality Limits
Under Sec. 672.20(f)(2), annual Pacific halibut PSC limits are
established and apportioned to trawl and hook-and-line gear and are
established for pot gear. The Council recommended that NMFS initiate
rulemaking to exempt the hook-and-line sablefish fishery from the
halibut PSC limit. The sablefish and halibut Individual Fishing Quota
(IFQ) program will be implemented in 1995, and will allow legal-sized
halibut to be retained in the sablefish fishery. A proposed rule to
implement the Council's recommendation was published in the Federal
Register on December 29, 1994 (59 FR 67268). If made final, this would
also specify a reduced halibut PSC limit for the 1995 [[Page 8476]] GOA
hook-and-line gear fisheries other than sablefish.
At its December 1994 meeting, the Council recommended a hook-and-
line PSC limit of 300 mt, based on the proposed exemption of the hook-
and-line sablefish fishery. Until the regulatory amendment to authorize
the exemption of hook-and-line sablefish is approved, NMFS is
specifying the PSC limits of 750 mt for hook-and-line and 2,000 mt for
trawl gear. The hook-and-line halibut PSC limit is further apportioned
between the DSR fishery (10 mt halibut mortality) and all other hook-
and-line fisheries (740 mt). The final rule to exempt hook-and-line
sablefish, if approved, would establish the hook-and-line PSC limit at
300 mt, as recommended by the Council.
Regulations at Sec. 672.20(f)(1)(i) authorize separate
apportionments of the trawl halibut bycatch mortality limit between
trawl fisheries for deep-water and shallow-water species. These
apportionments are divided seasonally to avoid seasonally high halibut
bycatch rates.
As in the proposed specifications, the Council recommended that pot
gear be exempt from Pacific halibut PSC limits for the 1995 fishing
year. The Council proposed this exemption after considering that the
1994 groundfish catch and associated halibut bycatch mortality (4 mt),
which continues to be low relative to other groundfish operations. NMFS
concurs with the Council's recommendation.
In making its determinations with respect to halibut PSC mortality
limits, NMFS considered information presented in the 1994 SAFE report;
in addition, information from Alaska Department of Fish and Game, the
International Pacific Halibut Commission (IPHC) and public testimony
also were considered. The proposed 1995 specifications discuss: (1)
Estimated halibut bycatch in prior years; (2) current estimates of
halibut biomass and stock condition; (3) potential impacts of expected
fishing for groundfish on halibut stocks and U.S. halibut fisheries;
and (4) methods available for, and costs of, reducing halibut bycatches
in groundfish fisheries. That discussion is not repeated here. The
following information was also considered:
A. Expected Changes in Groundfish Stocks
At its December 1994 meeting, the Council adopted lower ABCs for
pollock, deep-water flatfish, rex sole, flathead sole, sablefish,
pelagic shelf rockfish, DSR, Atka mackerel, arrowtooth flounder,
shortraker/rougheye, ``other'' rockfish, and northern rockfish, than
those established for 1994. The Council adopted higher ABCs for Pacific
cod, shallow-water flatfish, POP, and thornyhead rockfish than those
established for 1994. More information on these changes is included in
the Final SAFE Report dated November 1994 and in the Council and SSC
minutes.
B. Expected Changes in Groundfish Catch
The total of the 1995 TACs for the GOA is 279,463 mt, a slight
decrease from the 1994 TAC total of 304,595 mt. At its December 1994
meeting, the Council changed the 1995 TACs for some fisheries from the
1994 TACs. Those fisheries for which the 1995 TACs are lower than in
1994 are pollock (decreased to 65,360 mt from 109,300 mt), rex sole
(decreased to 9,690 mt from 10,140), flathead sole (decreased to 9,740
mt from 10,000 mt), sablefish (decreased to 21,500 mt from 25,500 mt),
shortraker/rougheye (decreased to 1,910 mt from 1,960 mt), northern
rockfish (decreased to 5,270 from 5,760 mt), pelagic shelf rockfish
(decreased to 5,190 mt from 6,890 mt), DSR (decreased to 580 mt from
960 mt), and Atka mackerel (decreased to 3,240 mt from 3,505 mt). Those
species for which the 1995 TAC is higher than in 1994 are Pacific cod
(increased to 69,200 mt from 50,400 mt), arrowtooth flounder (increased
to 35,000 mt from 30,000 mt), POP (increased to 5,630 mt from 2,550
mt), and thornyhead rockfish (increased to 1,900 mt from 1,180 mt).
10. Seasonal Allocations of the Halibut PSC Limits
Under Sec. 672.20(f)(1)(iii), NMFS seasonally allocates the halibut
PSC limits based on recommendations from the Council. The FMP requires
that certain information be considered by the Council in recommending
seasonal allocations of halibut. The publication of the final 1994
groundfish and PSC specifications (59 FR 7647, February 16, 1994)
summarizes Council findings with respect to each of the FMP
considerations. At this time, the Council's findings are unchanged from
those set forth for 1994. Pacific halibut PSC limits, and
apportionments thereof, are presented in Table 6. Regulations specify
that any overages or shortfalls in a seasonal apportionment of a PSC
limit will be deducted from or added to the next respective seasonal
apportionment within the 1995 season.
As noted above, the Council requested a change in the hook-and-line
PSC limit for 1995, which would be established in a separate rulemaking
exempting the hook-and-line sablefish from the PSC limit. Until that
final rule becomes effective, NMFS is establishing the same allowances
for 1995 as were used in 1994.
Table 6.--Final 1995 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC Limit
for Hook-and-Line Gear Is Allocated to the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than DSR.
Values Are in Metric Tons
----------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear
----------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Dates Amount ---------------------------------------------------------------------------
Dates Amount Dates Amount
----------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31........ 600(30%) Jan 1-May 17........ 200(27%) Jan 1-Dec 31........ 10(100%)
Apr 1-June 30....... 400(20%) May 18-Aug 31....... 500(68%)
Jul 1-Sep 30........ 600(30%) Sep 1-Dec 31........ 40(5%)
Oct 1-Dec 31........ 400(20%)
Total........... 2,000(100%) .................... 740(100%) .................... 10(100%)
----------------------------------------------------------------------------------------------------------------
Regulations at Sec. 672.20(f)(1)(i) authorize apportionments of the
trawl halibut PSC limit allowance as bycatch allowances to a deep-water
species complex and a shallow-water species complex. The deep-water
species [[Page 8477]] complex consists of sablefish, rockfish, deep-
water flatfish, and arrowtooth flounder. The shallow-water species
complex consists of pollock, Pacific cod, shallow-water flatfish,
flathead sole, Atka mackerel, and ``other species.'' The apportionment
for these two complexes is presented in Table 7.
Table 7.--Final 1995 Apportionment of Pacific Halibut PSC Trawl Limits
Between the Deep-water Species Complex and the Shallow-water Species
Complex. Values Are in Metric Tons
------------------------------------------------------------------------
Season Shallow-water Deep-water Total
------------------------------------------------------------------------
Jan. 20-Mar. 31......... 500 100 600
Apr. 1-Jun. 30.......... 100 300 400
Jul. 1-Sep. 30.......... 200 400 600
Oct. 1-Dec. 31..........
(2) No apportionment
between shallow and
deep for the 4th
quarter.
------------------------------------------------------------------------
Except as noted below, the Council proposed that revised halibut
discard mortality rates recommended by the IPHC be adopted for purposes
of monitoring halibut bycatch mortality limits established for the 1995
groundfish fisheries. These assumed halibut mortality rates are based
on an average of mortality rates determined from NMFS-observer data
collected during 1992 and 1993, except for the GOA hook-and-line
rockfish, for which 1992/93 rates were not available and the rates from
1990 and 1991 were used. For most fisheries, the 1992-93 averages, on
which the 1995 mortality rates are based, are somewhat higher than the
assumed rate used in 1994. This occurs because the rates used in 1994
were a rollover of the 1993 rates, which had been derived from data for
1990 and 1991.
The Council recommended establishing two separate mortality rates
for the GOA bottom trawl pollock fishery: 63 percent for shoreside
processors and 74 percent for at-sea processors. The different rates
for at-sea and shoreside processors result from analyses by the IPHC
that showed that at-sea processing vessels had a significantly higher
discard mortality rate than the shorebased operators. The rates for the
bottom trawl pollock fishery are revised from the proposed
specifications. The rates recommended by the Council are adopted and
will be used in calculating halibut mortality. However, NMFS notes that
directed fishing for GOA pollock by the offshore component is
prohibited under Sec. 672.20(a)(2)(v) and that at-sea processing of
pollock would be unlikely.
The Council proposed adjusting the IPHC's recommendation for GOA
Pacific cod hook-and-line and trawl mortality rates. The IPHC
recommended assumed mortality rates of 20 percent and 58 percent,
respectively. The Council recommended setting the Pacific cod hook-and-
line halibut mortality rate at 12.5 percent and the trawl rate at 55
percent. NMFS has evaluated the Council's recommendation but adopts
mortality rates suggested by the IPHC for 1995, which is the best
information available on assumed mortality rates.
The IPHC determined that the careful release measures implemented
for vessels using hook-and-line gear did not show appreciable
improvements in mortality rates and has recommended one rate for both
observed and unobserved vessels in the hook-and-line fisheries. This
action was approved by the Council and is adopted by NMFS. The halibut
mortality rates are listed in Table 8.
Table 8.--1995 Assumed Pacific Halibut Mortality Rates for Vessels
Fishing in the Gulf of Alaska. Table Values Are Percent of Halibut
Bycatch Assumed To Be Dead
Gear and Target
Hook-and-Line:
Sablefish................................................. 25
Pacific cod............................................... 20
Rockfish.................................................. 18
Trawl:
Midwater pollock.......................................... 66
Rockfish.................................................. 66
Shallow-water flatfish.................................... 64
Pacific cod............................................... 58
Deep-water flatfish....................................... 59
Bottom pollock:
Shoreside................................................. 63
At-sea.................................................... 74
Pot:
Pacific cod............................................... 18
Opening Date of the Directed Fishery for Sablefish for Hook-and-
Line Gear
Under new regulations implementing the IFQ program (50 CFR part
676) in 1995, the opening of the sablefish fishery is March 1.
Comments
Written comments on the proposed 1994 specifications and other
management measures were requested until January 20, 1995 (59 FR 65990;
December 22, 1994). No written comments were received.
Classification
This action is authorized under 50 CFR 611.92 and 672.20; and is
exempt from review under E.O. 12866. [[Page 8478]]
This action apportions reserves to DAP fisheries on a date other
than those specified in Sec. 672.20(d)(1)(ii). Under 5 U.S.C.
553(b)(B), the Assistant Administrator for Fisheries, NOAA (Assistant
Administrator), for the reasons set forth below, finds good cause to
waive prior notice and opportunity for public comment provided by the
regulations. This waiver is necessary to allow the harvest of TAC and
prevent unnecessary closure of the fishery. Closure of the fishery
would be contrary to the public interest. In accordance with
Sec. 672.20(d)(5)(iv), comments are invited on the reserve
apportionments as noted in ``DATES'' above.
This action adopts final 1995 harvest specifications for the GOA,
revises associated management measures, and closes specified fisheries.
Generally, this action does not significantly revise management
measures in a manner that would require time to plan or prepare for
those revisions. In some cases, such as closures, action must be taken
immediately to conserve fishery resources. Without these closures,
specified TAC amounts will be overharvested and retention of these
species will become prohibited, which would disadvantage fishermen who
could no longer retain bycatch amounts of these species. The immediate
effectiveness of this action is required to provide consistent
management and conservation of fishery resources. Accordingly, the
Assistant Administrator finds there is good cause to waive the 30-day
delayed effectiveness period under 5 U.S.C. 553(d)(3) with respect to
such provisions and to the apportionment discussed above. In some
cases, the interim specifications in effect would be insufficient to
allow directed fisheries to operate during a 30-day delayed
effectiveness period, which would result in unnecessary closures and
disruption within the fishing industry; in many of these cases, the
final specifications will allow the fisheries to continue, thus
relieving a restriction. Provisions of a rule relieving a restriction
under 5 U.S.C. 553(d)(1) are not subject to a delay in effective date.
NMFS has determined that the GOA groundfish fisheries are not
likely to affect Steller sea lions in a way or to an extent not already
considered in previous Section 7 consultations on this fishery. NMFS
has determined that reinitiation of formal consultation under this ESA
is not required.
NMFS prepared an environmental assessment (EA) on the 1995 TAC
specifications. The Assistant Administrator concluded that no
significant impact on the environment will result from their
implementation. A copy of the EA is available (see addresses).
Authority: 16 U.S.C. 1801 et seq.
Dated: February 7, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 95-3483 Filed 2-8-95; 4:37 pm]
BILLING CODE 3510-22-P
