[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8479-8488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3485]
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DEPARTMENT OF COMMERCE
50 CFR Parts 611, 675, and 676
[Docket No. 950206040-5040-01; I.D. 111494A]
Groundfish Fishery of the Bering Sea and Aleutian Islands;
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 specifications of groundfish and associated
management measures; final rule; technical amendment; closures.
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SUMMARY: NMFS announces final 1995 harvest specifications of total
allowable catches (TACs), initial apportionments of TACs for each
category of groundfish, and associated management measures in the
Bering Sea and Aleutian Islands management area (BSAI). This action is
necessary to establish harvest limits and associated management
measures for groundfish during the 1995 fishing year. In addition, this
action implements a technical amendment to update a directed fishery
standard and the definition of a fishery category to reflect a change
in a BSAI TAC category that resulted from the annual specification
process. The technical amendment is necessary to incorporate a change
in a groundfish TAC category to accommodate other regulations that
limit bycatch amounts of prohibited species or groundfish species
closed to directed fishing. NMFS also is closing specified fisheries
consistent with the final 1995 groundfish specifications and fishery
bycatch allowances of prohibited species. These measures are intended
to conserve and manage the groundfish resources in the BSAI.
EFFECTIVE DATE: The final 1995 harvest specifications are effective on
February 8, 1995, through 2400 Alaska local time (A.l.t.) on December
31, 1995, or until changed by subsequent notification in the Federal
Register. The closures to directed fishing are effective on February 8,
1995, through 2400 A.l.t., December 31, 1995. The amendments to
Secs. 675.20 and 675.21 are effective on February 8, 1995.
ADDRESSES: Comments on directed fishing closures should be sent to
Ronald J. Berg, Chief, Fisheries Management Division, Alaska Region,
NMFS, P.O. Box 21668, Juneau, AK 99802-1668 (Attn: Lori Gravel). The
final Environmental Assessment prepared for the 1995 Total Allowable
Catch Specifications may be obtained from the same address, or by
calling 907-586-7229. The final Stock Assessment and Fishery Evaluation
(SAFE) report is available from the North Pacific Fishery Management
Council, P.O. Box 103136, Anchorage, AK 99510 (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Ellen R. Varosi, NMFS, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Groundfish fisheries in the BSAI are governed by Federal
regulations at 50 CFR part 675 that implement the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Island
area (FMP). Other applicable regulations are found at 50 CFR 611.93
(foreign fishing) and 50 CFR part 676 (Limited Access Management of
Federal Fisheries In and Off of Alaska). The FMP was prepared by the
North Pacific Fishery Management Council (Council) and approved by NMFS
under the Magnuson Fishery Conservation and Management Act.
The FMP and implementing regulations require NMFS, after
consultation with the Council, to specify annually the apportionments
of prohibited species catch (PSC) limits among fisheries and seasons
(Sec. 675.21(b)), the TAC, initial TAC (ITAC), initial domestic annual
harvest (DAH), and initial total allowable level of foreign fishing
(TALFF) for each target species and the ``other species'' category
(Sec. 675.20(a)(2)). The sum of the TACs must be within the optimum
yield (OY) range of 1.4 million to 2.0 million metric tons (mt)
(Sec. 675.20(a)(2)). Specifications set forth in Tables 1-9 of this
action satisfy these requirements. For 1995, the sum of TACs is
2,000,000 mt.
The proposed BSAI groundfish specifications and specifications for
prohibited species bycatch allowances for the groundfish fishery of the
BSAI were published in the Federal Register on December 14, 1994 (59 FR
64383). Comments were invited through January 9, 1995. No written
comments were received within the comment period. Public consultation
with the Council occurred during the Council meeting in Anchorage, AK,
held on December 5-10, 1994. Council recommendations and biological and
economic data that were available at the Council's December meeting
were considered in implementing the final 1995 specifications.
Interim Specifications
Regulations under Sec. 675.20(a)(7)(i) authorize one-fourth of each
proposed ITAC and apportionment thereof, one-fourth of each PSC
allowance, and the first proposed seasonal allowance of pollock to be
in effect on January 1 on an interim basis and to remain in effect
until superseded by final initial specifications. NMFS published the
interim 1995 specifications in the Federal Register on December 14,
1994 (59 FR 64346) and corrected January 30, 1995 (60 FR 5762). The
final 1995 initial groundfish harvest specifications and prohibited
species bycatch allowances contained in this action supersede the
interim 1995 specifications.
TAC Specifications and Acceptable Biological Catch (ABC)
The specified TAC for each species is based on the best available
biological and socioeconomic information. The Council, its Advisory
Panel (AP), and its Scientific and Statistical Committee (SSC) reviewed
current biological information about the condition of groundfish stocks
in the BSAI at their September and December 1994 meetings. This
information was compiled by the Council's BSAI Groundfish Plan Team and
is presented in the final 1995 Stock Assessment and Fishery Evaluation
(SAFE) report for the BSAI groundfish fisheries, dated November 1994.
The Plan Team annually produces such a document as the first step in
the process of specifying TACs. The SAFE report contains a review of
the latest scientific analyses and estimates of each species' biomass
and other biological parameters. From these data and analyses, the Plan
Team estimates an acceptable biological catch (ABC) for each species
category.
A summary of the preliminary ABCs for each species for 1995 and
other biological data from the September 1994 draft SAFE report were
provided in the discussion supporting the proposed 1995 specifications.
The Plan Team's recommended ABCs were reviewed by the SSC, AP, and
Council at their [[Page 8480]] September 1994 meetings. Based on the
SSC's comments concerning technical methods and new biological data not
available in September, the Plan Team revised its ABC recommendations
in the final SAFE report, dated November 1994. The revised ABC
recommendations were again reviewed by the SSC, AP, and Council at
their December 1994 meetings. While the SSC endorsed most of the Plan
Team's recommendations for 1995 ABCs set forth in the final SAFE
report, the SSC recommended revisions to ABC amounts calculated for
Bogoslof pollock, Greenland turbot, and Atka mackerel. The Council
adopted the SSC's recommendations for the 1995 ABCs. The final ABCs are
listed in Table 1.
The Council developed its TAC recommendations based on the final
ABCs as adjusted for other biological and socioeconomic considerations,
including maintaining the total TAC in the required OY range of 1.4-2.0
million mt. None of the Council's recommended TACs for 1995 exceeds the
final 1995 ABC for each species category. Therefore, NMFS finds that
the recommended TACs are consistent with the biological condition of
groundfish stocks. The final TACs and overfishing levels for groundfish
in the BSAI area for 1995 are given in Table 1 of this action.
Apportionment of TAC
As required by Sec. 675.20 (a)(3) and (a)(7)(i), each species' TAC
initially is reduced by 15 percent (special provisions apply to the
hook-and-line and pot gear allocation for sablefish); this is the ITAC
for the species. The sum of these reductions is the reserve. The
reserve is not designated by species or species group, and any amount
of the reserve may be reapportioned to a target species or the ``other
species'' category during the year, providing that such
reapportionments do not result in overfishing.
The ITAC for each target species and the ``other species'' category
at the beginning of the year is apportioned between the DAH and TALFF,
if any. Each DAH amount is further apportioned between two categories
of U.S. fishing vessels. The DAP category includes U.S. vessels that
process their catch on board or deliver it to U.S. fish processors. The
joint venture processors (JVP) category includes U.S. fishing vessels
working in joint ventures with foreign processing vessels authorized to
receive catches in the U.S. exclusive economic zone.
In consultation with the Council, the initial amounts of DAP and
JVP are determined by the Director, Alaska Region, NMFS (Regional
Director). Consistent with the final 1991-94 initial specifications,
the Council recommended that 1995 DAP specifications be set equal to
ITAC and that zero amounts of groundfish be allocated to JVP and TALFF.
In making this recommendation, the Council considered the capacity of
DAP harvesting and processing operations and anticipated that 1995 DAP
operations will harvest the full TAC specified for each BSAI groundfish
species category. The ABCs, TACs, ITACs, OFLs, and initial
apportionments of groundfish in the BSAI for 1995 are set out in Table
1.
Table 1. Final 1995 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and
Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Areas\1\\2\
----------------------------------------------------------------------------------------------------------------
Over fishing
Species ABC TAC ITAC DAP\3\\4\ level
----------------------------------------------------------------------------------------------------------------
Pollock:
Bering Sea (BS)............................. 1,250,000 1,250,000 1,062,500 1,500,000
Aleutian Islands (AI)....................... 56,600 56,600 48,110 60,400
Bogoslof District........................... 22,100 1,000 850 22,100
Pacific cod..................................... 328,000 250,000 212,500 390,000
Sablefish BS.................................... 1,600 1,600 1,360 ..............
AI.............................................. 2,200 2,200 1,870 4,900
Atka mackerel total............................. 125,000 80,000 68,000 335,000
Western AI.................................. 55,600 16,500 14,025 ..............
Central AI.................................. 55,900 50,000 42,500 ..............
Eastern AI/BS............................... 13,500 13,500 11,475 ..............
Yellowfin sole.................................. 277,000 190,000 161,500 319,000
Rock sole....................................... 347,000 60,000 51,000 388,000
Greenland turbot total.......................... 7,000 7,000 5,950 27,200
BS.......................................... 4,669 4,669 3,969 ..............
AI.......................................... 2,331 2,331 1,981 ..............
Arrowtooth flounder............................. 113,000 10,227 8,693 138,000
Flathead sole................................... 138,000 30,000 25,500 167,000
Other flatfish\5\............................... 117,000 19,540 16,609 137,000
Pacific ocean perch.............................
BS.......................................... 1,850 1,850 1,573 2,910
AI.......................................... 10,500 10,500 8,925 15,900
Other red rockfish\6\...........................
BS.......................................... 1,400 1,260 1,070 1,400
Sharpchin/Northern..............................
AI.......................................... 5,670 5,103 4,338 5,670
Shortraker/Rougheye.............................
AI.......................................... 1,220 1,098 933 1,220
Other rockfish\7\:
BS.......................................... 365 329 280 365
AI.......................................... 770 693 589 770
Squid........................................... 3,110 1,000 850 3,110
Other Species\8\................................ 27,600 20,000 17,000 136,000
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[[Page 8481]]
Totals.................................... 2,836,985 2,000,000 1,700,000 3,655,945
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\1\Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) area
unless otherwise specified. With the exception of pollock and for the purpose of these specifications, the BS
includes the Bogoslof district.
\2\Zero amounts of groundfish are specified for Joint Venture Processing (JVP) and Total Allowable Level of
Foreign Fishing (TALFF).
\3\Except for the portion of the sablefish TAC allocated to hook-and-line and pot gear, 0.15 of each TAC is put
into a reserve. For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, .20
of the allocated TAC is reserved for use by Community Development Quota participants. The ITAC for each
species is the remainder of the TAC after the subtraction of these reserves.
\4\DAP = domestic annual processing = ITAC.
\5\``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species) and all
other flatfish species that have a separate specified TAC amount.
\6\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.
\7\``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,
northern, shortraker and rougheye.
\8\``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus.
The SSC's revisions to the ABCs recommended by the Plan Team for
Bogoslof pollock, Greenland turbot, and Atka mackerel are discussed
below.
Bogoslof pollock. The Plan Team indicated in the final 1995 SAFE
report that the current estimate of biomass of Aleutian Basin pollock
(442,000 mt) is the best estimate, assuming that no recruitment to the
stock has occurred and that the natural mortality rate (M) is 0.2.
Reassessment of the Bogoslof area hydroacoustic survey with new
threshold levels of abundance has not changed previous conclusions that
this stock has continued to decrease since 1988. The Plan Team lacks
conclusive data that Bogoslof pollock are an independent stock that is
self sustaining. Recruitment to the Aleutian Basin is most likely
coming from another area from the surrounding continental shelf. To the
extent that this recruitment may not be the progeny of Bogoslof
spawners, the Plan Team assumed no recruitment will occur in 1995, and
projected a biomass for 1995 of 442,000 mt using M=0.2. The Plan Team
then calculated the F0.35 exploitation rate of 0.26 to derive an
ABC of 115,000. However, the SSC continued the policy of adjusting the
exploitation rate downward by M/4, or .05, in proportion to the ratio
of current biomass to optimal biomass. This leads to an ABC of 22,100.
Due to lack of recruitment predicted for 1995, the Council recommended
a TAC of 1,000 mt to provide for bycatch in other groundfish
operations. That recommendation is adopted in these final
specifications (Table 1).
Greenland turbot. The Plan Team used the stock synthesis model to
estimate the ABC, which was updated with 1994 catch and survey data.
Similar to last year, the Plan Team used a more conservative
exploitation rate of F0.40 and an increased slope survey
catchability coefficient of 0.75, due to the lack of recruitment. These
parameters resulted in a conservative ABC of 18,500 mt. Continued poor
recruitment and stock abundance levels lead the SSC to recommend a
continuation of the present 7,000 mt ABC for this species. The SSC
further recommended that the ABC be split into two apportionments: Two-
thirds to the eastern Bering Sea, and one-third to the Aleutian
Islands. This resulted in ABCs of 4,669 mt and 2,331 mt, respectively.
This recommendation is intended to spread fishing effort over a larger
area to avoid localized depletion. The Council concurred with the SSC's
recommendation for ABC and set the TAC equal to ABC. That
recommendation is adopted in these final specifications.
Atka mackerel. The Plan Team was not able to assess the current
Atka mackerel stock level and the magnitude of the incoming year
classes because data from the 1994 trawl survey and age composition of
the 1993 fishery were not available. As a result, the Plan Team's
recommended ABC (245,000 mt) was unchanged from 1994. Since 1992, the
SSC has been apprehensive about possible environmental problems that
may result from an increased catch of the magnitude implied by the Plan
Team's estimate of ABC. Atka mackerel is a prey species of northern fur
seals (a depleted species under the Marine Mammal Protection Act) and
Steller sea lions (a threatened species under the Endangered Species
Act). During their migrations, northern fur seals feed heavily on Atka
mackerel as they move through the Aleutian passes. Therefore, since
1992, the SSC has recommended phasing in the Plan Team's estimate of
ABC over a 6-year period by adopting the Plan Team's biomass estimate
(832,000 mt for 1995), and raising the exploitation rate in steps.
These incremental steps are as follows: (M)(1/6) in 1992, (M)(2/6) in
1993, (M)(3/6) in 1994, (M)(4/6) in 1995, (M)(5/6) in 1996, and M in
1997. However, due to current uncertainty about the stock status, the
SSC recommends that the stairstep be frozen at the level used to reduce
the calculated ABC for 1994. According to this revised schedule, the
recommended ABC for 1995 is (0.30/2)(832,000)=125,000 mt. The main
purpose of this approach is to postpone a large ABC increase until data
are available to evaluate the phase-in policy.
The Council recommended an 80,000 mt TAC for Atka mackerel in the
BSAI in 1995. Based on the authority provided by Amendment 28 to the
FMP, the Council recommended the following apportionment of the TAC for
Atka mackerel among the Aleutian Islands (AI) management districts and
the Bering Sea relative to survey biomass distribution estimates:
16,500 mt in the western AI district; 50,000 mt in the central AI
district; and 13,500 mt in the eastern AI district and Bering Sea
combined. These recommendations are adopted in these final
specifications (Table 1).
Apportionment of the Pollock TAC to the Inshore and Offshore Components
Regulations at Sec. 675.20(a)(2)(iii) require that the 1995 pollock
ITAC specified for the BSAI be allocated 35 percent to vessels catching
pollock for processing by the inshore component and 65 percent to
vessels catching pollock for processing by the offshore component.
Definitions of these components are found at Sec. 675.2. The 1995 ITAC
specifications are consistent with these requirements (Table 2).
Seasonal Allowances of Pollock TAC
Under Sec. 675.20(a)(2)(ii), the TAC of pollock for each subarea or
district of [[Page 8482]] the BSAI area is divided, after subtraction
of reserves (Sec. 675.20(a)(3)), into two allowances. The first
allowance will be available for directed fishing from January 1 to
April 15 (roe season). The second allowance will be available from
August 15 through the end of the fishing year (non-roe season).
The Council recommended that the 1995 seasonal allowances of
pollock be set at the same relative levels as in 1993 and 1994 with 45
percent of the pollock ITAC specified for each management subarea or
district during the roe season and 55 percent during the non-roe
season. Although the Council is authorized under Sec. 675.20(a)(7)(ii)
to recommend seasonal allowances of the 1995 CDQ pollock reserve, it
did not take such action at its December 1994 meeting. Therefore, NMFS
is limiting the 1995 fishery to 45 percent of the CDQ reserve during
the roe season, consistent with the seasonal split recommended by the
Council for the inshore/offshore pollock fisheries (Table 2).
When specifying seasonal allowances of the pollock TAC, the Council
and NMFS consider the factors as specified in Section 14.4.10 of the
FMP and discussed in the proposed specifications (59 FR 64383),
December 14, 1994).
A discussion of these factors relative to the roe and non-roe
seasonal allowances (45 and 55 percent of the TAC, respectively) was
presented in the final 1993 specifications for BSAI groundfish (58 FR
8703, February 17, 1993). Considerations under these factors remain
unchanged from 1993 and 1994, given that the relative seasonal
allowances for 1993, 1994, and 1995 are the same.
Apportionment of Pollock TAC to the Nonpelagic Trawl Gear Fishery
Regulations under Sec. 675.24(c)(2) authorize NMFS, in consultation
with the Council, to limit the amount of pollock TAC that may be taken
in the directed fishery for pollock using nonpelagic trawl gear. This
authority is intended to reduce the amount of halibut and crab bycatch
that occurs in nonpelagic trawl operations.
The Council did not recommend limiting the amount of pollock TAC
that may be taken in the 1995 directed fishery for pollock by vessels
using nonpelagic trawl gear, given that regulations at Sec. 675.7
appear to limit effectively the bycatch of halibut and crab when
directed fishing for pollock with nonpelagic trawl gear is closed. NMFS
concurs with the Council's recommendation, and no limit on the amount
of pollock TAC that may be taken in the directed fishery for pollock
using nonpelagic trawl gear is specified.
Table 2.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TACs\1\\2\
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Non-roe
Subarea TAC ITAC\3\ Roe season\4\ season\5\
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Bering Sea:
Inshore..................................... .............. 371,875 167,344 204,531
Offshore.................................... .............. 690,625 310,781 379,844
1,250,000 1,062,500 478,125 584,375
Aleutian Islands:
Inshore..................................... .............. 16,838 16,838 (\6\)
Offshore.................................... .............. 31,272 31,272 (\6\)
56,600 48,110 48,110 (\6\)
Bogoslof:
Inshore..................................... .............. 298 298 (\6\)
Offshore.................................... .............. 552 552 (\6\)
1,000 850 850 (\6\)
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\1\TAC = total allowable catch.
\2\Based on an offshore component allocation of 0.65(TAC) and an inshore component allocation of 0.35(TAC).
\3\ITAC = initial TAC = 0.85 of TAC.
\4\January 1 through April 15--based on a 45/55 split (roe = 45 percent).
\5\August 15 through December 31--based on a 45/55 split (non-roe = 55 percent).
\6\Remainder.
Apportionment of the Pollock TAC to the Western Alaska Community
Development Quota
Regulations at Sec. 675.20(a)(3)(ii) require one-half of the
pollock TAC placed in the reserve for each subarea or district, or 7.5
percent of each TAC, be assigned to a Community Development Quota (CDQ)
reserve for each subarea or district. The 1995 CDQ reserve amounts for
each subarea are as follows:
------------------------------------------------------------------------
BSAI subarea Pollock CDQ
------------------------------------------------------------------------
Bering Sea................................................ 93,750 mt
Aleutian Islands.......................................... 4,245 mt
Bogoslof.................................................. 75 mt
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Total................................................. 98,070 mt
------------------------------------------------------------------------
Under regulations governing the CDQ program at Sec. 675.27, NMFS
may allocate the 1995 pollock CDQ reserves to eligible Western Alaska
communities or groups of communities that have an approved community
development plan (CDP). NMFS has approved six CDP's and associated
percentages of the CDQ reserve for each CDP recipient for 1994-95 (58
FR 61031, November 19, 1993). Table 3 lists the approved CDP
recipients, and each recipient's allocation of the 1995 pollock CDQ
reserve for each subarea.
Table 3.--Approved Shares (Percentages) and Resulting Allocations and Seasonal Allowances (Metric Tons) of the
1995 Pollock CDQ Reserve Specified for the Bering Sea (BS) and Aleutian Islands (AI) Subareas, and the Bogoslof
District (BD) Among Approved CDP Recipients
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Roe-season
CDP recipient Percent Area Allocation allowance\1\
----------------------------------------------------------------------------------------------------------------
Aleutian Pribilof........................................ 18 BS 16,875 7,594
[[Page 8483]]
Island Community..................................... ........... AI 764 ............
Development Assn..................................... ........... BD 14 ............
Total.............................................. ........... ............. 17,653 ............
Bristol Bay Economic..................................... 20 BS 18,750 8,437
Development Corp..................................... ........... AI 849 ............
........... BD 15 ............
Total.............................................. ........... ............. 19,614 ............
Central Bering Sea....................................... 8 BS 7,500 3,375
Fishermen's Assn..................................... ........... AI 340 ............
........... BD 6 ............
Total.............................................. ........... ............. 7,846 ............
Coastal Villages......................................... 27 BS 25,312 11,390
Fishing Coop......................................... ........... AI 1,146 ............
........... BD 20 ............
Total.............................................. ........... ............. 26,478 ............
Norton Sound............................................. 20 BS 18,750 8,438
Fisheries Development.................................... ........... AI 849 ............
Assn..................................................... ........... BD 15 ............
Total.............................................. ........... ............. 19,614 ............
Yukon Delta Fisheries.................................... 7 BS 6,563 2,953
Development Assn..................................... ........... AI 297 ............
........... BD 5 ............
Total.............................................. ........... ............. 6,865 ............
------------------------------------------------------
Total.............................................. 100 ............. 98,070 42,182
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\1\No more than 45 percent of a CDP recipient's 1995 pollock allocation may be harvested during the pollock roe
season, January 1 through April 15.
Allocation of the Pacific Cod TAC
Under Sec. 675.20(a)(2)(iv), 2 percent of the Pacific cod ITAC is
allocated to vessels using jig gear, 44 percent to vessels using hook-
and-line or pot gear, and 54 percent to vessels using trawl gear. At
its December 1994 meeting, the Council recommended a seasonal
apportionment of the portion of the Pacific cod TAC allocated to the
hook-and-line gear fisheries. The seasonal apportionments are intended
to provide for the harvest of Pacific cod when flesh quality and market
conditions are optimum and Pacific halibut bycatch rates are low. The
Council's recommendations for seasonal apportionments are based on: (1)
Seasonal distribution of Pacific cod relative to prohibited species
distributions, (2) expected variations in prohibited species bycatch
rates experienced in the Pacific cod fisheries throughout the year, and
(3) economic effects of any seasonal apportionment of Pacific cod on
the hook-and-line and pot gear fisheries. The seasonal allocation of
the Pacific cod ITAC is specified in Table 4.
Table 4.--1995 Gear Shares of the BSAI Pacific Cod Initial TAC
----------------------------------------------------------------------------------------------------------------
Seasonal apportionment
Gear Percent TAC Share ITAC -----------------------------------------------
(mt) Date Percent Amount (mt)
----------------------------------------------------------------------------------------------------------------
Jig................................... 2 4,250 Jan 1............... 100 4,250
Hook-and-line/pot gear................ 44 93,500 Jan 1-Apr 30........ 73 \1\68,000
........... ........... May 1-Aug 31........ 19 18,000
........... ........... Sep 1-Dec 31........ 8 7,500
Trawl gear............................ 54 114,750 Jan 1............... 100 114,750
-------------------------------------------------------------------------
Total........................... 100 212,500 .................... ........... ...........
----------------------------------------------------------------------------------------------------------------
\1\Any portion of the first seasonal apportionment that is not harvested by the end of the first season will
become available on September 1, the beginning of the third season.
Sablefish Gear Allocation and CDQ Allocations for Sablefish
Regulations at Sec. 675.24(c)(1) require that sablefish TACs for
BSAI subareas be divided between trawl and hook-and-line/pot gear
types. Gear allocations of TACs are specified in the following
proportions: Bering Sea subarea: Trawl gear--50 percent; hook-and-line/
pot gear--50 percent, and Aleutian Islands subarea: trawl gear--25
percent; hook-and-line/pot gear--75 percent. In addition, regulations
under Sec. 676.24(b) require NMFS to withhold 20 percent of the hook-
and-line and pot gear sablefish allocation as sablefish CDQ reserve. To
accommodate the CDQ reserve and allow for the issuance of 1995
sablefish individual fishing quotas (IFQs), NMFS is releasing reserves
to make the full amount of the 1995 sablefish TACs available early in
the fishing year. Gear allocations and CDQ shares of sablefish TACs are
specified in Table 5.
[[Page 8484]]
Table 5.--1995 Gear and CDQ Shares of BSAI Sablefish TAC
----------------------------------------------------------------------------------------------------------------
Share of
Area (mt) Gear Percent of Share of ITAC Share of
TAC TAC (mt) (mt)\1\ CDQ
----------------------------------------------------------------------------------------------------------------
BS........................... Trawl........................ 50 800 800 N/A
Hook-and-line/Pot\2\......... 50 800 640 160
AI........................... Trawl........................ 25 550 550 N/A
Hook-and-line/Pot............ 75 1,650 1,320 330
---------------------------------------------------
Total.................. ............................. ........... 3,800 3,310 490
----------------------------------------------------------------------------------------------------------------
1Reserve added to ITAC.
2For the portion of the sablefish TAC allocated to vessels using hook-and-line gear or pot gear, 20 percent of
the allocated TAC is reserved for use by CDQ participants. The ITAC for each species is the remainder of the
TAC after the subtraction of these reserves.
Sablefish CDP Allocations
On November 25, 1994, NMFS approved the 1995-97 Community
Development Plans (CDPs) for the 1995-97 sablefish CDQ program. The
percentages of CDQ fixed gear sablefish allocation for each approved
CDP were published in the Federal Register on December 2, 1994 (59 FR
61877). The resulting 1995 allocations of sablefish to the approved
CDPs are listed in Table 6.
Table 6.--Approved Shares (Percentages) and Resulting Allocations (mt)
of the 1995 Sablefish CDQ Reserve Specified for the Bering Sea (BS) and
Aleutian Islands (AI) Subareas Among Approved CDP Recipients
------------------------------------------------------------------------
Sablefish
CDP recipient ---------------------------- Amount (mt)
Area Percent
------------------------------------------------------------------------
Atka Fishermen's Association... BS........... 0 0
AI........... 0 0
Bristol Bay Economic BS........... 0 0
Development Corp.
AI........... 25 82.5
Coastal Villages Fishing BS........... 0 0
Cooperative.
AI........... 25 82.5
Norton Sound Economic BS........... 25 40
Development Corporation.
AI........... 30 99
Pribilof Island Fishermen...... BS........... 0 0
AI........... 0 0
Yukon Delta Fisheries BS........... 75 120
Development Association.
AI........... 10 33
Aleutian Pribilof Islands BS........... 0 0
Community Development
Association.
AI........... 10 33
Total.................... BS........... 100 160
-------------------------
AI........... 100 330
------------------------------------------------------------------------
Allocation of Prohibited Species Catch (PSC) Limits for Crab, Halibut,
and Herring
PSC limits of red king crab and C. bairdi Tanner crab in Bycatch
Limitation Zones (50 CFR 675.2) of the Bering Sea subarea, and for
Pacific halibut throughout the BSAI specified under Sec. 675.21(a). The
PSC limits are:
--Zone 1 trawl fisheries, 200,000 red king crabs;
--Zone 1 trawl fisheries, 1 million C. bairdi Tanner crabs;
--Zone 2 trawl fisheries, 3 million C. bairdi Tanner crabs;
--BSAI trawl fisheries, 3,775 mt mortality of Pacific halibut;
--BSAI nontrawl fisheries, 900 mt mortality of Pacific halibut; and
--BSAI trawl fisheries, 1,861 mt Pacific herring.
The PSC limit of Pacific herring caught while conducting any trawl
operation for groundfish in the BSAI is 1 percent of the annual eastern
Bering Sea herring biomass. The best estimate of 1995 herring biomass
is 186,100 mt. This amount was derived using 1994 survey data and an
age-structured biomass projection model developed by the Alaska
Department of Fish and Game. Therefore, the herring PSC limit for 1995
is 1,861 mt.
Regulations at Sec. 675.21(b)(2) authorize the apportionment of the
non-trawl halibut PSC limit among three fishery categories (Pacific cod
hook-and-line fishery, groundfish pot gear fishery, and other non-trawl
fisheries). The PSC allowances are listed in Table 7. In general, the
fishery bycatch allowances listed in Table 7 reflect the
recommendations made to the Council by its AP. These recommendations
were based on 1994 bycatch amounts, anticipated 1995 harvest of
groundfish by trawl gear and fixed gear, and assumed halibut mortality
rates in the different groundfish fisheries based on analyses of 1992-
93 observer data.
The Council recommended continuing to exempt groundfish pot gear
fisheries from halibut bycatch restrictions during 1995. In 1994, total
groundfish catch for the pot gear fishery in the BSAI was approximately
8,500 mt with an associated halibut bycatch of 58 mt, or less than 5 mt
bycatch mortality, using the mortality rate recommended for 1995 (8
percent). The Council recommended that pot gear be exempt from halibut-
bycatch restrictions because (1) potential exists for halibut-bycatch
mortality in the Greenland turbot or sablefish hook-and-line fisheries
to require closure of the pot gear fishery if the halibut-bycatch
allowance is reached, and (2) the groundfish pot gear fishery uses a
selective gear type that experiences very low halibut bycatch
mortality. [[Page 8485]]
The Council also recommended exempting the BSAI jig gear fishery
and the sablefish hook-and-line gear fishery from halibut-bycatch
restrictions. A proposed rule was published by NMFS on December 29,
1994 (59 FR 67268) which, if approved, would provide the authority to
determine annually whether to apportion the halibut-bycatch limit to
the groundfish jig gear fishery or the sablefish hook-and-line fishery
or to exempt these fisheries from halibut-bycatch restrictions. At its
December 1994, meeting, the Council recommended that the 1995 BSAI
groundfish jig gear fishery and the sablefish hook-and-line gear
fishery be exempt from halibut-bycatch restrictions. The final rule, if
approved, would specify the Council's recommended exemptions.
Table 7.--Final 1995 Prohibited Species Bycatch Allowances for the BSAI
Trawl and Nontrawl Fisheries.
------------------------------------------------------------------------
Trawl fisheries Zone 1 Zone 2 BSAI-wide
------------------------------------------------------------------------
Red king crab, number of
animals:
Yellowfin sole...... 50,000 .............. ..............
Rcksol/flatsol/
othflat\1\......... 110,000 .............. ..............
Turb/arrow/sab\2\... 0 .............. ..............
Rockfish............ 0 .............. ..............
Pacific cod......... 10,000 .............. ..............
Plck/Atka/othr\3\... 30,000 .............. ..............
-----------------------------------------------
Total............. 200,000 .............. ..............
===============================================
C. bairdi Tanner crab,
number of animals:
Yellowfin sole...... 225,000 1,525,000 ..............
Rcksol/flatsol/
othflat............ 475,000 510,000 ..............
Turb/arrow/sab...... 0 5,000 ..............
Rockfish............ 0 10,000 ..............
Pacific cod......... 225,000 260,000 ..............
Plck/Atka/othr...... 75,000 690,000 ..............
-----------------------------------------------
Total............. 1,000,000 3,000,000 ..............
===============================================
Pacific halibut,
mortality (mt):
Yellowfin sole...... .............. .............. 750
Rcksol/flatsol/
othflat............ .............. .............. 690
Turb/arrow/sab...... .............. .............. 120
Rockfish............ .............. .............. 110
Pacific cod......... .............. .............. 1,550
Plck/Atka/othr...... .............. .............. 555
-----------------------------------------------
Total............. .............. .............. 3,775
===============================================
Pacific herring, mt:
Midwater pollock.... .............. .............. 1,345
Yellowfin sole...... .............. .............. 315
Rcksol/flatsol/
othflat............ .............. .............. 0
Turb/arrow/sab...... .............. .............. 0
Rockfish............ .............. .............. 8
Pacific cod......... .............. .............. 24
Plck/Atka/othr\4\... .............. .............. 169
-----------------------------------------------
Total............. .............. .............. 1,861
===============================================
Non-trawl fisheries .............. .............. ..............
Pacific halibut,
mortality (mt)
Pacific cod............. .............. .............. 725
Other non-trawl......... .............. .............. 175
Groundfish pot gear..... .............. .............. (\5\)
-----------------------------------------------
Total............. .............. .............. 900
------------------------------------------------------------------------
\1\Rock sole, flathead sole, and other flatfish fishery category.
\2\Greenland turbot, arrowtooth flounder, and sablefish fishery
category.
\3\Pollock, Atka mackerel, and ``other species'' fishery category.
\4\Pollock other than midwater pollock, Atka mackerel, and ``other
species'' fishery category.
\5\Exempt.
Seasonal Apportionments of PSC Limits
Regulations at Sec. 675.21(b)(3) authorize NMFS, after consultation
with the Council, to establish seasonal apportionments of prohibited
species bycatch allowances among the fisheries to which bycatch has
been apportioned. Under Sec. 675.21(b)(3), such an apportionment must
be based on certain types of information. See the discussion in the
proposed specifications (59 FR 64383, December 14, 1994).
At its December 1994 meeting, the Council recommended that the
halibut bycatch allowances listed in Table 7 be seasonally apportioned
as shown in Table 8, for yellowfin sole, rock sole/flathead sole/other
flatfish, rockfish, and pollock/Atka mackerel/``other species'' fishery
categories. The recommended seasonal apportionments reflect
recommendations made to the Council by its AP. [[Page 8486]]
The Council recommended seasonal apportionments of the halibut
bycatch allowances specified for the yellowfin sole, and rocksole,
flathead sole, and other flatfish categories to provide additional
fishing opportunities in the BSAI early in the year and to reduce the
incentive for trawl vessel operators to move from the BSAI to the Gulf
of Alaska after the rock sole roe fishery is closed, typically at the
end of February.
The AP's recommended seasonal apportionment of the halibut bycatch
allowance for the pollock/Atka mackerel/''other species'' fishery
category is based on the seasonal allowances of the Bering Sea pollock
ITAC recommended for the roe and non-roe seasons, and the assumption
that most of the pollock taken during the roe season will be taken with
pelagic trawl gear with reduced halibut bycatch rates.
The AP recommended seasonal apportionment of the halibut bycatch
allowance for the Pacific cod fishery based on: (1) Anticipation that
the proposed rule published in the Federal Register on December 29,
1994 (59 FR 67268) would exempt the BSAI jig gear fishery and the
sablefish hook-and-line gear fishery from halibut-catch restrictions,
and (2) the Council's desire to limit a hook-and-line fishery for
Pacific cod during summer months when halibut bycatch rates are high.
Seasonal apportionments of the halibut bycatch allowances for 1995 are
specified in Table 8.
Table 8.--Final Seasonal Apportionments of the 1995 Pacific Halibut
Bycatch Mortality Allowances for the BSAI Trawl and Non-Trawl Fisheries.
------------------------------------------------------------------------
Seasonal
bycatch
mortality
Fishery allowance
(mt
halibut)
------------------------------------------------------------------------
Trawl gear:
Yellowfin sole:
Jan. 20-Jul. 31.......................................... 280
Aug. 01-Dec. 31.......................................... 470
------------
Total................................................ 750
============
Rock sole/flathead sole/``other flatfish'':
Jan. 20-Mar. 31.......................................... 428
Apr. 01-Jun. 30.......................................... 180
Jul. 01-Dec. 31.......................................... 82
------------
Total................................................ 690
============
Turbot/arrowtooth flounder/sablefish Total................. 120
Rockfish:
Jan. 20-Mar. 31.......................................... 30
Apr. 01-Jun. 30.......................................... 60
Jul. 01-Dec. 31.......................................... 20
------------
Total................................................ 110
============
Pacific cod:
Jan. 20-Oct. 24.......................................... 1,450
Oct. 25-Dec. 31.......................................... 100
------------
Total................................................ 1,550
============
Pollock/Atka mackerel/``other species'':
Jan. 20-Apr. 15.......................................... 455
Apr. 15-Dec. 31.......................................... 100
------------
Total................................................ 555
============
Total Trawl Halibut Mortality........................ 3,775
Non-trawl gear
Pacific cod:
Jan. 01-Apr. 30.......................................... 475
May 01-Aug. 31........................................... 40
Sep. 01-Dec. 31.......................................... 210
------------
Total................................................ 725
============
Other non-trawl............................................ 175
Groundfish pot............................................. (1)
------------
Total Non-trawl Halibut Mortality.................... 900
------------------------------------------------------------------------
\1\Exempt.
For purposes of monitoring the fishery halibut bycatch mortality
allowances and apportionments, the Regional Director will use observed
halibut bycatch rates reported and observed groundfish catch to project
when a fishery's halibut bycatch mortality allowance or apportionment
is reached. The Regional Director monitors the fishery's halibut
bycatch mortality allowances using assumed mortality rates that are
based on the best information available, including information
contained in the final annual SAFE report.
The Council recommended that the assumed halibut mortality rates
for the BSAI groundfish fisheries remain unchanged from those used in
1994. This recommendation is contrary to the recommendation of
International Pacific Halibut Commission (IPHC) staff, who advocated
assumed mortality rates that are generally higher, based on 1992-93
observer data. The Council further recommended that NMFS, if possible,
conduct a mid-year evaluation of the halibut mortality rates, based on
final 1994 and 1995 observer data, and adjust the rates for the
remainder of 1995.
NMFS will use the assumed halibut mortality rates recommended by
the IPHC staff for the BSAI groundfish fisheries in 1995 except for the
BSAI Pacific cod hook-and-line gear fishery. Except for that fishery,
NMFS believes data presented by the IPHC staff represent the best
available information on halibut discard mortality rates and should be
used to estimate halibut bycatch mortality levels.
NMFS will use an assumed halibut mortality rate of 12.5 percent for
the BSAI hook-and-line cod fishery during the first half of 1995,
instead of the IPHC's recommended rate of 18 percent, for the following
reason: Mandatory careful release requirements are expected to result
in reduced halibut discard mortality rates relative to the rates
experienced in 1992-93; the BSAI hook-and-line fishery for Pacific cod
has initiated a program to disseminate timely in-season data on halibut
bycatch rates and individual vessel mortality rates that is anticipated
to further reduce discard mortality rates within the fleet; vessels
using hook-and-line or pot gear are allocated a specified portion of
the BSAI Pacific cod TAC; the Council recommended that the halibut
bycatch allowance apportioned to the BSAI Pacific cod hook-and-line
fishery be apportioned into three seasons, with 28 percent of the
annual apportionment allocated to the third season that starts
September 1; the NMFS Observer Program Office has indicated that 1995
in-season observer data and final 1994 observer data for the BSAI
Pacific cod hook-and-line fishery will be available by mid-1995 to
allow for an analysis of observed halibut discard mortality rates and
an adjustment from the 12.5 assumed rate in time for the beginning of
the third season (September 1). This reconsideration could result in an
increase or decrease of the assumed rate; and if the mid-1995
assessment of observer data indicates that the halibut mortality rate
in the hook-and-line cod fishery has not declined to the extent
anticipated, retroactive adjustments in the estimated 1995 halibut
bycatch mortality would be accommodated within the third seasonal
apportionment of the annual bycatch allowance specified for this
fishery. Although an upward adjustment in estimated bycatch mortality
may preclude a fishery for Pacific cod in the third season, NMFS
believes that the amount of halibut bycatch mortality apportioned to
the third season should prevent the halibut bycatch limit from being
exceeded. [[Page 8487]]
Assumed Pacific halibut mortality rates for BSAI fisheries during
1995 are specified in Table 9.
Table 9.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
During 1995
------------------------------------------------------------------------
Percent
------------------------------------------------------------------------
Hook-and-line gear fisheries:
Rockfish................................................... 24.0
Pacific cod\1\............................................. 12.5
Greenland turbot........................................... 19.0
Sablefish.................................................. 17.0
Trawl gear fisheries:
Midwater pollock........................................... 89.0
Non-pelagic pollock........................................ 77.0
Yellowfin sole............................................. 76.0
Rock sole, flathead sole, other flatfish................... 75.0
Rockfish................................................... 69.0
Pacific cod................................................ 65.0
Atka mackerel.............................................. 59.0
Arrowtooth................................................. 49.0
Greenland turbot........................................... 48.0
Pot gear fisheries:
Pacific cod................................................ 8.0
------------------------------------------------------------------------
\1\The assumed halibut bycatch mortality rate for the hook-and-line
Pacific cod fishery will be re-evaluated mid-1995 using final 1994
observer data and inseason 1995 observer data.
Groundfish PSC Limits
No PSC limits for groundfish species are specified in this action.
Section 675.20(a)(6) authorizes NMFS to specify PSC limits for
groundfish species or species groups for which the TAC will be
completely harvested by domestic fisheries. These PSC limits apply only
to JVP or TALFF fisheries. At this time, no groundfish are allocated to
either JVP or TALFF and specifications of groundfish PSC limits are
unnecessary.
Closures to Directed Fishing
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 fishing
season, NMFS will prohibit directed fishing for that species or species
group in the specified subarea or district under Sec. 675.20(a)(8).
Fishing for groundfish in the BSAI is authorized from January 1
through December 31, with the following exceptions (Sec. 675.23): (1)
Directed fishing for arrowtooth flounder and Greenland turbot is
authorized from May 1, 1995, to December 31, 1995, subject to the other
provisions in the BSAI regulations; (2) fishing for groundfish with
trawl gear in the BSAI is prohibited until January 20, 1995; (3) with
certain exceptions, directed fishing for pollock by the inshore
component, defined at Sec. 675.2, is authorized January 1, 1995,
through April 15, 1995, and August 15, 1995, through the end of the
fishing year; (4) with certain exceptions, directed fishing for pollock
by the offshore component, defined at Sec. 675.2, is authorized from
January 26, 1995, to April 15, 1995, and from August 15, 1995, through
the end of the fishing year; (5) directed fishing for pollock under the
Western Alaska CDQ Program is authorized from January 1, 1994, through
the end of the fishing year (Sec. 675.23(e)); and (6) directed fishing
with trawl gear in Zone 1 for rockfish, Greenland turbot, arrowtooth
flounder, and sablefish is closed, as there is no crab PSC to support
this fishery (See Table 7).
In addition to these regulatory closures, NMFS may take action to
implement closures to directed fishing for species needed as bycatch
amounts in other directed fisheries. A principal consideration for the
Council in developing its 1995 TAC recommendations was ensuring that
the sum of the species TACs did not exceed the maximum OY of 2 million
mt. After consideration of the amount of each species category TAC
which is required for bycatch in other directed fisheries, the Council
recommended that TAC amounts specified for certain species be
established as directed fishing allowances.
NMFS concurs with the Council's recommendations, and accordingly,
is prohibiting directed fishing for the following species and species
groups: (1) Pacific ocean perch in the Bering Sea, (2) other red
rockfish in the Bering Sea, (3) shortraker/rougheye in the Aleutian
Islands, (4) other rockfish in the BSAI, (5) arrowtooth flounder in the
BSAI, and (6) pollock in the Bogoslof district. Species or species
groups identified in Table 10 are necessary as incidental catch to
support other anticipated groundfish fisheries and TAC amounts for
these species will be used for bycatch purposes only. If NMFS
determines the full TAC amount will not be used as bycatch, NMFS may
open a directed fishery for that species.
Table 10.--Closures to Directed Fishing Under 1995 TACs\1\
------------------------------------------------------------------------
Fishery (all gear) Closed area\2\
------------------------------------------------------------------------
Pollock in Bogoslof District....... Statistical Area 518.
Pacific ocean perch................ Bering Sea.
Shortraker/rougheye rockfish....... AI.\3\
Other rockfish\4\.................. BSAI.
Other red rockfish\5\.............. Bering Sea.
Rockfish, Greenland turbot/ Zone 1.
arrowtooth/sablefish.
Arrowtooth......................... BSAI.
------------------------------------------------------------------------
\1\These closures to directed fishing are in addition to closures and
prohibitions found in regulations at 50 CFR part 675.
\2\Refer to Sec. 675.2 for definitions of areas.
\3\``AI'' means Aleutian Islands area.
\4\In the BSAI, ``Other rockfish'' includes Sebastes and Sebastolobus
species except for Pacific ocean perch and the ``other red rockfish''
species.
\5\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and
northern.
In addition to the above closures, NMFS closed the directed fishery
for Atka mackerel in the Eastern Aleutian District and Bering Sea
subarea effective noon, A.l.t., February 2, 1995, under authority of
the interim 1995 specifications. In accordance with
Sec. 675.20(a)(7)(ii), these closures will remain in effect until 12
midnight, A.l.t., December 31, 1995. Directed fishing standards for
applicable gear types may be found in the regulations at
Sec. 675.20(h).
Technical Amendment To Revise Specified Fishery Categories for Directed
Fishing Standards and PSC Apportionments
Two technical amendments are necessary to update a directed fishery
standard and a definition of a fishery category to reflect the
establishment of a flathead sole TAC separate from the ``other
flatfish'' category.
First, regulations under Sec. 675.20(h)(2) establish directed
fishing standards for yellowfin sole, rock sole, arrowtooth flounder,
and ``other flatfish.'' To the extent that flathead sole now has a
separate ABC, TAC, OFL, and ITAC, the standards for directed fishing
are revised by technical amendment to add flathead sole to this
directed fishing category.
Second, regulations under Sec. 675.21(b) authorize the
apportionment of each PSC limit into bycatch allowances for specified
trawl fishery categories. The definition of these fishery categories at
Sec. 675.21(b)(1)(iii) must be amended to include the new flathead sole
fishery at Sec. 675.21(b)(1)(iii)(B)(2). The fishery category ``rock
sole/other flatfish'' is revised, therefore, to ``rock sole/flathead
sole/other flatfish'' to provide PSC amounts for this category.
Classification
This action is authorized under 50 CFR 611.93(b), 675.20, and 676;
and is exempt from review under E.O. 12866. [[Page 8488]]
The final rule makes minor technical amendments to 50 CFR 675.20
and 675.21. These amendments are a logical outgrowth of the proposed
1995 TAC specifications, which separated flathead sole from the ``other
flatfish'' category, and are necessary to implement the specifications.
Prior notice and opportunity for public comment would serve no useful
purpose and is, therefore, unnecessary. Accordingly, the Assistant
Administrator for Fisheries, NOAA (Assistant Administrator) finds good
cause to waive prior notice and opportunity for public comment under 5
U.S.C. 553(b)(B).
This action adopts final 1995 harvest specifications for the BSAI,
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 technical amendment 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 BSAI 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 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).
List of Subjects
50 CFR Part 611
Fisheries, Foreign relations, Reporting and recordkeeping
requirements
50 CFR Part 675
Fisheries, Reporting and recordkeeping requirements.
Dated: February 7, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 675 is amended
as follows:
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
1. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 675.20, paragraph (h)(2) is revised to read as follows:
Sec. 675.20 General limitations.
* * * * *
(h) * * *
(2) Yellowfin sole, rock sole, arrowtooth flounder, flathead sole,
or ``other flatfish.'' The operator of a vessel is engaged in directed
fishing for yellowfin sole, rock sole, arrowtooth flounder, flathead
sole or ``other flatfish'' if he or she 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, flathead sole
or ``other flatfish'' retained at the same time on the vessel during
the same trip.
* * * * *
3. In Sec. 675.21, paragraph (b)(1)(iii)(B)(2) is revised to read
as follows:
Sec. 675.21 Prohibited species catch (PSC) limitations.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(B) * * *
(2) Rock sole/flathead sole/``other flatfish'' fishery. Fishing
with trawl gear during any weekly reporting period that is defined as a
flatfish fishery under paragraph (b)(1)(iii)(B) of this section and is
not a yellowfin sole fishery as defined under paragraph
(b)(1)(iii)(B)(1) of this section.
* * * * *
[FR Doc. 95-3485 Filed 2-8-95; 4:37 pm]
BILLING CODE 3510-22-P
