[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10640]
[[Page Unknown]]
[Federal Register: May 4, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 672 and 675
[Docket No. 940413-4113; I.D. 032394C]
RIN 0648-AG59
Groundfish of the Gulf of Alaska; Groundfish Fishery of the
Bering Sea and Aleutian Islands Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; proposed 1994 specification of Pacific halibut
bycatch allowances; request for comments.
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SUMMARY: NMFS proposes regulations to implement several management
measures designed to prevent some Gulf of Alaska (GOA) trawl fisheries
from taking an unnecessarily large share of the GOA halibut bycatch
limit; amend the directed fishing standards to prohibit using retained
amounts of arrowtooth flounder, or groundfish species that are closed
to directed fishing, as a basis for calculating retainable amounts of
other, more valuable groundfish species that are closed to directed
fishing; change the opening date of the yellowfin sole and ``other
flatfish'' fisheries in the Bering Sea and Aleutian Islands management
area (BSAI) from May 1 to January 1; and implement changes pertaining
to the annual specification and management of GOA halibut prohibited
species catch (PSC) limits. This action is necessary to reduce the
likelihood that one sector of the Alaska trawl fleet will preempt
others for a share of the Pacific halibut bycatch limit established for
vessels using trawl gear in the GOA, and provide greater opportunity to
harvest available groundfish under halibut bycatch restrictions in both
the GOA and BSAI fisheries. This action is intended to further the
objectives of the fishery management plans for the groundfish fisheries
off Alaska.
DATES: Comments must be received by May 31, 1994
.ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802 (Attn: Lori Gravel). Individual copies of the environmental
assessment/regulatory impact review (EA/RIR) prepared for this action
may be obtained from the same address.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, Fisheries Management
Division, Alaska Region, NMFS, at 907-586-7228.
SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the
exclusive economic zone (EEZ) of the GOA and the BSAI are managed by
the Secretary of Commerce in accordance with the Fishery Management
Plan (FMP) for Groundfish of the GOA and the FMP for the Groundfish
Fishery of the BSAI. The FMPs were prepared by the North Pacific
Fishery Management Council (Council) under the Magnuson Fishery
Conservation and Management Act (Magnuson Act). Regulations authorized
under the FMP that pertain to the U.S. groundfish fisheries appear at
50 CFR parts 672 and 675.
At its September 1993 meeting, the Council requested NMFS to
prepare a rulemaking that would implement several management measures
that are intended to prevent some GOA trawl fisheries from taking an
unnecessarily large share of the halibut bycatch limit relative to
other groundfish trawl fisheries. This results in the attainment of the
halibut bycatch cap before some groundfish total allowable catches
(TACs) have been taken, causing a closure of trawling operations in the
GOA even though the full groundfish harvest amount has not been taken
in some fisheries. These measures were presented to the Council in
September 1993 by GOA and BSAI trawl industry representatives as an
alternative to FMP amendments under consideration by the Council that
would establish a super-exclusive registration program for vessels
participating in the GOA and BSAI groundfish fisheries.
Three measures were proposed to address the preemption of one trawl
fishery sector by another:
1. Establish two GOA trawl fishery categories for the purpose of
apportioning the GOA halibut bycatch limit already established for the
trawl gear fisheries (Sec. 672.20(f)). These two categories are the
following: (1) The shallow-water fishery complex (pollock, Pacific cod,
Atka mackerel, shallow-water flatfish, flathead sole, and ``other
species''); and (2) the deep-water fishery complex (the deep water
flatfish, rex sole, arrowtooth flounder, sablefish, and rockfish);
2. Revise the method for calculating retainable amounts of
groundfish species under directed fishing standards (Sec. 672.20(h) and
Sec. 675.20(i)). Revised methods prohibit using retained amounts of
arrowtooth flounder, or groundfish species that are closed to directed
fishing, as a basis for calculating retainable amounts of other, more
valuable groundfish species that are closed to directed fishing; and
3. Adjust the opening date for the BSAI yellowfin sole and ``other
flatfish'' fisheries from May 1 to January 1. As a result of this
season adjustment, directed fishing standards governing retainable
amounts of flatfish species at Sec. 675.20(h)(2) are also revised.
At its December 1993 meeting, the Council requested that NMFS
implement these measures early in the 1994 fishing year by emergency
interim rulemaking. An emergency rule was issued on February 10, 1994
(59 FR 6222) under section 305(c) of the Magnuson Act.
A detailed description of, and justification for, each of the
proposed management measures, including editorial changes to
regulations addressing GOA halibut bycatch limits, follow.
Establishment of Two GOA Trawl Categories for Purposes of Apportioning
the Halibut Bycatch Mortality Limit
Existing regulations at Sec. 672.20(f) establish a framework
process for the annual specification of separate Pacific halibut PSC
limits for ``trawl'' and ``fixed gear'' fisheries, and for apportioning
those limits by season. Although these regulations limit the bycatch of
Pacific halibut in the GOA groundfish trawl fisheries, they have
resulted in conflict among, and preemption of, groundfish trawling
operations in the GOA as various trawl fishery components compete for
shares of the available halibut PSC limit. This conflict occurs due to
seasonal variations in halibut bycatch rates and amounts of halibut
caught in the various trawl fisheries; NMFS lacks regulatory authority
to apportion the halibut PSC limit among separate trawl fishery
categories.
Under existing regulations, the possibility exists for the
activities of one group of trawl vessels fishing for a particular
groundfish species or species complex to take a disproportionate amount
of the halibut PSC limit relative to other groundfish fisheries. The
halibut PSC limit may be reached before the attainment of the
fisheries' TAC amount and cause closure of all trawling operations in
the GOA, except for trawling for pollock with pelagic trawl gear. Such
closures may cause: significant amounts of economically important TAC
to remain unharvested; idling of vessels and crew; and, a disruption of
processing, fishing support sectors, fishery-dependent communities, and
intermediate and final markets. Even if the total trawl PSC limit is
not reached prematurely, the threat that it may be reached at any point
in the fishing year can force other user groups to incur unnecessary
costs, alter fishing plans, or operate in a manner that causes conflict
among user groups.
Many of the potentially adverse impacts of the present process used
to manage halibut bycatch in the GOA trawl fisheries could be avoided
or reduced if the GOA trawl PSC limit were apportioned between
competing fishery categories. Fishery data from the GOA trawl fisheries
indicate that the variation in halibut bycatch rates and associated
bycatch mortality in these fisheries appears to be relatively well
demarcated by the following operational categories: (1) Those vessels
fishing for species in the ``shallow-water species complex'' (pollock,
Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, or
``other species''); and (2) those vessels fishing for species in the
``deep-water species complex'' (sablefish, rockfish, deep water
flatfish, and arrowtooth flounder). The Council's recommended
management measure included flathead sole in the deep-water complex;
however, 1993 fishery data show that more than 65 percent of the total
GOA flathead sole harvest was associated with fisheries in the shallow-
water complex. Therefore, NMFS proposes to include flathead sole in the
shallow-water complex. In general, the shallow-water and deep-water
complexes are associated with inshore and offshore trawl operations,
respectively.
Based on Council recommendations at its September and December 1993
meetings, NMFS proposes to apportion the 1994 GOA halibut trawl PSC
limit among fisheries and seasons as set out below:
Apportionment of the 2,000 metric ton (mt) halibut bycatch
mortality limit established for the 1994 GOA trawl fisheries among the
shallow and deep-water trawl fishery complexes and seasons. Seasons
open and close at 12 noon, Alaska local time (A.l.t.), except that the
first season opens at 0001 hours, A.l.t., January 20, and the last
season ends at 12 midnight, A.l.t., December 31.
------------------------------------------------------------------------
Shallow Deep
Season complex complex Total
------------------------------------------------------------------------
Jan. 20-Mar. 31..................... 500 mt.... 100 mt.... 600 mt.
Mar. 31-Jun. 30..................... 100 mt.... 300 mt.... 400 mt.
Jun. 30-Sep. 30..................... 200 mt.... 400 mt.... 600 mt.
Sep. 30-Dec. 31..................... (\1\)..... (\1\)..... 400 mt.
------------------------------------------------------------------------
\1\No apportionment.
Attainment of a seasonal (quarterly) bycatch allowance by a fishery
complex would result in directed fishing closures for each species
within that fishery complex for the remainder of the quarter, except
that when the halibut bycatch allowance, or seasonal apportionment
thereof, specified for the shallow-water complex is reached, directed
fishing for pollock with pelagic trawl gear may continue subject to
other regulatory provisions under Sec. 672.20(f). Any overages or
shortfalls of a quarterly bycatch allowance would be accounted for in
the subsequent quarterly allowance.
A detailed justification for the fishery and seasonal
apportionments of the 1994 halibut PSC limit is described in the EA
prepared for this management measure (see ADDRESSES). These
apportionments are intended to accommodate seasonal bycatch
requirements in a manner that optimizes the 1994 halibut PSC limit
established for trawl gear relative to anticipated trawl fishing
patterns and 1994 groundfish TACs.
Revision of the Methodology Used To Calculate Retainable Amounts of
Groundfish Under Directed Fishing Standards
The proposed rule amends Sec. 672.20(h) and Sec. 675.20(i) to
address problems with the current regulatory provisions for calculation
of ``retainable'' bycatch amounts of groundfish species for which
directed fishing is closed. Current regulations provide for an overly
liberal computation of retainable amounts of groundfish bycatch
species, because the basis for bycatch retention inappropriately
includes species not open for directed fishing. This compromises the
purpose of using directed fishing standards to restrict bycatch of
species after directed fishery closures. This also creates a circular
process, effectively allowing excessive bycatch retention.
An associated concern exists that operators of some vessels
deliberately target on arrowtooth flounder merely to provide a basis
for retaining allowable amounts of highly valued groundfish species for
which directed fishing is closed. In this case, arrowtooth flounder is
harvested solely for the purpose of providing ``directed catch''
against which ``retainable bycatch'' quantities may be calculated and
accumulated. The arrowtooth flounder directed catch is discarded and
only the economically valuable bycatch, authorized on the basis of the
quantity of the arrowtooth harvest, is actually retained for
processing. This practice effectively subverts the ``bycatch only''
intent of fishery closures and associated directed fishing standards at
Sec. 672.20(g) and Sec. 675.20(h). Furthermore, trawl operations for
arrowtooth flounder experience relatively high bycatch rates of halibut
and, thus, contribute to premature attainment of the halibut PSC limit,
further aggravating the competition for the halibut PSC limit in the
GOA trawl fisheries and increasing the potential for costly trawl
fishery closures.
Adjustment of Season Opening Dates for the BSAI Flatfish Fisheries
The proposed rule would adjust the opening date for the yellowfin
sole and ``other flatfish'' fisheries from May 1 to January 1. The
purpose of this season adjustment is to provide the BSAI trawl industry
with viable fishing alternatives; reduce the need for, and likelihood
of, significant movement of fishing capacity from the BSAI to the GOA;
reduce competition for the halibut PSC limit established for the GOA
trawl fisheries; and reduce the likelihood that displacement of Bering
Sea trawl effort into the GOA may preempt fishing opportunities for GOA
operations later in the fishing year by exhausting the GOA trawl
halibut PSC limit, thus necessitating GOA-wide trawl closures.
The original purpose for delaying directed fishing for yellowfin
sole and ``other flatfish'' species until May 1 was to prevent the
joint venture processing (JVP) and domestic annual processing (DAP)
fisheries from taking a disproportionate share of their respective red
king crab or halibut bycatch allowances established for Bycatch
Limitation Zones 1 or 2H (defined at Sec. 675.2), before available
amounts of yellowfin sole and other groundfish species were harvested.
Early attainment of red king crab or halibut bycatch allowances due to
of high bycatch rates experienced in the early spring flatfish
fisheries resulted in premature fishery closures that prevented
available amounts of flatfish and other groundfish species from being
harvested. Delaying the opening of the yellowfin sole and ``other
flatfish'' fisheries until May 1 allowed the DAP fisheries to utilize
the bulk of the available Zone 1 PSC limits in the rock sole and
Pacific cod fisheries from January through April, optimizing their
catch of allocated groundfish species.
The flatfish fisheries have changed substantially since the May 1
starting date was implemented. JVP fisheries no longer operate in the
EEZ off Alaska. The domestic industry has developed profitable new
markets for products from the ``other flatfish'' complex. In addition,
the yellowfin sole and rock sole/''other flatfish'' fisheries are
allocated separate bycatch allowances that may be seasonally
apportioned to optimize the groundfish harvest within the established
prohibited species bycatch restrictions.
The May 1 opening date of the yellowfin sole and ``other flatfish''
fisheries now has the effect of preventing domestic fishermen from
harvesting these resources at the beginning of the fishing year, when
few other fishing opportunities exist. This season has contributed, for
example, to a situation in which the available TAC for the ``other
flatfish'' complex has been underutilized in recent years. In 1991,
only about 47 percent of the TAC for this species group was harvested.
In 1992 and 1993, that figure was 38 percent and 45 percent,
respectively. Nonetheless, while these resources have been
underutilized, despite an expressed interest in accessing them at the
beginning of the fishing year, retention of the May 1 opening has
forced BSAI trawl fishermen either to move into the GOA deep-water
flatfish fishery, which opens in January, or cease fishing until May 1.
The rock sole fishery in the Bering Sea currently opens at the
beginning of the fishing year to allow fishing in the lucrative ``roe''
fishery. This fishery typically closes in late February or early March
when the rock sole have finished spawning. Seasonal halibut bycatch
restrictions can close other fisheries (e.g., Pacific cod during 1991
and 1992), leaving, as noted above, few alternative fishing
opportunities for the BSAI groundfish fleet. Flathead sole, one of the
species in the Bering Sea ``other flatfish'' category, produce roe that
matures just after rock sole roe matures. Markets for roe-bearing
flathead sole have emerged, making this fishery a natural extension of
that for roe-bearing rock sole in the Bering Sea. Other markets for
these flatfish species, including a domestic fillets market, are under
development.
Opening the BSAI yellowfin sole fishery and the ``other flatfish''
fishery at the beginning of the fishing year (January 1) would provide
vessels operating in the Bering Sea with the opportunity to participate
in a potentially profitable, developing fishery. This opportunity is
expected to reduce the need for vessels to move into the GOA trawl
fisheries early in the fishing year, and thus would decrease pressure
on the GOA halibut PSC limit and diminish the probability of preemption
of existing GOA groundfish fisheries through early closure.
The proposed rule would amend the directed fishing standard for
flatfish species (Sec. 675.20(h)(2)) to accommodate this season change
and allow sufficient bycatch amounts of rock sole, yellowfin sole,
arrowtooth flounder, or ``other flatfish'' in the flatfish fisheries,
while allowing for fishing operations to minimize the discard waste of
these species. The proposed rule would also establish species-specific
standards, rather than aggregate standards, for all flatfish species
closed to directed fishing. The intent of this action is to simplify
directed fishing standards, and to reduce discard waste by increasing
the retainable amounts of flatfish species closed to directed fishing
relative to other flatfish species that are open to directed fishing.
Editorial and Technical Changes to Sec. 672.20(f)
NMFS proposes to reorganize Sec. 672.20(f) to clarify the
presentation and interpretation of regulations pertaining to halibut
PSC limits. Existing regulations at Sec. 672.20(f)(1)(i) and (2)(i)
would be amended and redesignated as (f)(3)(i) and (f)(1),
respectively, to implement management measures set out in this proposed
rule. To eliminate redundant regulatory language, paragraph
Sec. 672.20(f)(2)(ii) would be amended and included as part of
paragraph (f)(1) to cross reference the publication of proposed and
final specifications required under Sec. 672.20(c). These documents
also include proposed and final halibut PSC limits and satisfy separate
publication requirements currently set out in Sec. 672.20(f)(2)(ii).
The following paragraphs would be redesignated as indicated; no
changes would be made to the regulatory text:
------------------------------------------------------------------------
Existing regulation Redesignation
------------------------------------------------------------------------
(f)(1)(ii)....................................... (f)(3)(ii)
(f)(1)(iii)...................................... (f)(3)(iii)
(f)(1)(iv)....................................... (f)(1)(iii)(B)
(f)(1)(v)........................................ (f)(1)(iii)(C)
(f)(2)(iii)...................................... (f)(1)(iii)(A)
(f)(2)(iv)....................................... (f)(2)
(f)(2)(v)........................................ (f)(4)
------------------------------------------------------------------------
The redesignated regulatory text is republished as part of the
proposed rule. However, NMFS is not requesting public comment on the
redesignated paragraphs.
Classification
NMFS prepared an analysis of the economic impact on small entities
as part of the EA/RIR. All vessels using trawl gear to harvest BSAI or
GOA groundfish and processors receiving trawl-caught groundfish could
be affected by the management measures proposed under this action. Most
catcher vessels harvesting groundfish off Alaska meet the definition of
a small entity under the Regulatory Flexibility Act. In 1993, 265
catcher vessels were issued permits to harvest groundfish with trawl
gear in Federal waters. All these vessels could be affected due to
adjustments in fishing patterns resulting from (1) changing the season
of the BSAI flatfish fisheries, and (2) revising the management of the
GOA halibut PSC limit established for trawl fisheries. These effects
are not expected to result in a reduction in annual gross revenues by
more than 5 percent, annual compliance costs that would increase total
costs of production by more than 5 percent, or compliance costs for
small entities that are at least 10 percent higher than compliance
costs as a percent of sales for large entities. Therefore, the proposed
action would not result in a ``significant economic impact'' on small
entities under the RFA. A copy of the EA/RIR is available (see
ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Parts 672 and 675
Fisheries, Recordkeeping and reporting requirements.
Dated: April 28, 1994.
John T. Everett,
Acting Deputy Assistant Administrator for Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 672 and 675
are proposed to be amended as follows:
PART 672--GROUNDFISH FISHERY OF THE GULF OF ALASKA
1. The authority citation for part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In section 672.20, paragraphs (f) and (h)(1) are revised to read
as follows:
Sec. 672.20 General limitations.
* * * * *
(f) Halibut PSC limits--(1) Notification of proposed halibut PSC
limits. NMFS will publish annually in the Federal Register, proposed
and final halibut PSC limits and apportionments thereof authorized
under this paragraph (f), in the notification required under paragraph
(c) of this section. Public comment will be accepted by NMFS on the
proposed halibut PSC limits and apportionments thereof for a period of
30 days after publication in the Federal Register. NMFS will consider
comments received on proposed halibut limits and, after consultation
with the Council, will publish notification in the Federal Register
specifying the final halibut PSC limits and apportionments thereof.
(i) Trawl gear fisheries. (A) After consultation with the Council,
NMFS will publish notification in the Federal Register specifying the
proposed halibut PSC limit for vessels using trawl gear. The halibut
PSC limit specified for vessels using trawl gear may be further
apportioned as bycatch allowances to the fishery categories listed in
paragraph (f)(1)(i)(B) of this section, based on each category's
proportional share of the anticipated halibut bycatch mortality during
a fishing year and the need to optimize the amount of total groundfish
harvest under the halibut PSC limit. The sum of all bycatch allowances
will equal the halibut PSC limit established under this paragraph
(f)(1)(i).
(B) For purposes of apportioning the trawl halibut PSC limit among
fisheries, the following fishery categories are specified and defined
in terms of round-weight equivalents of those groundfish species for
which a TAC has been specified under paragraphs (a) and (c) of this
section:
(1) Shallow-water species fishery. Fishing with trawl gear during
any weekly reporting period that results in a retained aggregate catch
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, and ``other species'' that is greater than the retained
aggregate amount of other groundfish species or species group.
(2) Deep-water species fishery. Fishing with trawl gear during any
weekly reporting period that results in a retained catch of groundfish
and is not a shallow-water species fishery as defined under paragraph
(f)(1)(i)(B)(1) of this section.
(ii) Hook-and-line and pot gear fisheries. After consultation with
the Council, NMFS will publish notification in the Federal Register
specifying the proposed halibut PSC limits for the hook-and-line gear
fisheries. The notification may also specify a halibut PSC limit for
the pot gear fisheries. The proposed halibut PSC limit for hook-and-
line gear fisheries may be further apportioned as bycatch allowances to
the directed fishery for demersal shelf rockfish in the Southeast
Outside District of the Eastern Regulatory Area and to all other hook-
and-line gear fisheries.
(iii) Seasonal apportionments. (A) NMFS, after consultation with
the Council, may apportion each halibut PSC limit or bycatch allowance
specified under this paragraph on a seasonal basis. NMFS will base any
seasonal apportionment of a halibut PSC limit or bycatch allowance on
the following types of information:
(1) Seasonal distribution of halibut;
(2) Seasonal distribution of target groundfish species relative to
halibut distribution;
(3) Expected halibut bycatch needs on a seasonal basis relative to
changes in halibut biomass and expected catches of target groundfish
species;
(4) Expected variations in bycatch rates throughout the fishing
year;
(5) Expected changes in directed groundfish fishing seasons;
(6) Expected start of fishing effort; and
(7) Economic effects of establishing seasonal halibut allocations
on segments of the target groundfish industry.
(B) Unused seasonal apportionments of halibut PSC limits specified
for trawl, hook-and-line, or pot gear will be added to the respective
seasonal apportionment for the next season during a current fishing
year.
(C) If a seasonal apportionment of a halibut PSC limit specified
for trawl, hook-and-line, or pot gear is exceeded, the amount by which
the seasonal apportionment is exceeded will be deducted from the
respective apportionment for the next season during a current fishing
year.
(iv) Apportionment among regulatory areas and districts. Each
halibut PSC limit specified under this paragraph (f) may also be
apportioned among the regulatory areas and districts of the Gulf of
Alaska.
(2) NMFS may, by notification in the Federal Register, change the
halibut PSC limits during the year for which they were specified, based
on new information of the types set forth in paragraph (f)(1) of this
section.
(3) Attainment of a halibut PSC limit or bycatch allowance--
(i) Trawl gear fisheries. If, during the fishing year, the Regional
Director determines that U.S. fishing vessels participating in either
of the trawl fishery categories listed in paragraph (f)(1)(i)(B) of
this section will catch the Pacific halibut bycatch allowance, or
apportionments thereof, specified for that fishery category under
paragraph (f)(1) of this section, NMFS will publish notification in the
Federal Register closing the entire Gulf of Alaska to directed fishing
with trawl gear for each species and/or species group that comprises
that fishing category; provided, however, that when the halibut bycatch
allowance, or seasonal apportionment thereof, specified for the
shallow-water species fishery is reached, fishing for pollock by
vessels using pelagic trawl gear may continue, consistent with other
provisions of this part.
(ii) Hook-and-line fisheries--(A) Groundfish other than demersal
shelf rockfish in the Southeast Outside District. If, during the year,
the Regional Director determines that the catch of halibut by operators
of vessels using hook-and-line gear in groundfish fisheries other than
the directed fishery for demersal shelf rockfish in the Southeast
Outside District will reach the halibut bycatch allowance, or seasonal
apportionment thereof, specified for hook-and-line gear under paragraph
(f)(1) of this section, NMFS will publish notification in the Federal
Register prohibiting directed fishing for groundfish, other than
demersal shelf rockfish in the Southeast Outside District, by vessels
using hook-and-line gear for the remainder of the season to which the
halibut bycatch allowance or seasonal apportionment thereof applies.
(B) Demersal shelf rockfish in the Southeast Outside District. If,
during the year, the Regional Director determines that the catch of
halibut by operators of vessels using hook-and-line gear in the
directed fishery for demersal shelf rockfish in the Southeast Outside
District will reach the halibut bycatch allowance, or seasonal
apportionment thereof, specified for this fishery under paragraph
(f)(1) of this section, NMFS will publish notification in the Federal
Register prohibiting directed fishing for demersal shelf rockfish in
the Southeast Outside District by vessels using hook-and-line gear for
the remainder of the season to which the halibut bycatch allowance or
seasonal apportionment thereof applies.
(iii) Pot gear fisheries. If, during the fishing year, the Regional
Director determines that the catch of halibut by operators of vessels
using pot gear to participate in a directed fishery for groundfish will
reach the halibut PSC limit, or seasonal apportionment thereof,
provided for under paragraph (f)(1) of this section, NMFS will publish
notification in the Federal Register prohibiting directed fishing for
groundfish by vessels using pot gear for the remainder of the season to
which the halibut PSC limit or seasonal apportionment applies.
(4) When the vessels to which a halibut PSC limit applies have
caught an amount of halibut equal to that PSC, the Regional Director
may, by notification in the Federal Register, allow some or all of
those vessels to continue to fish for groundfish using nonpelagic trawl
gear under specified conditions, subject to the other provisions of
this part. In authorizing and conditioning such continued fishing with
bottom-trawl gear, the Regional Director will take into account the
following considerations, and issue relevant findings:
(i) The risk of biological harm to halibut stocks and of socio-
economic harm to authorized halibut users posed by continued bottom
trawling by these vessels;
(ii) The extent to which these vessels have avoided incidental
halibut catches up to that point in the year;
(iii) The confidence of the Regional Director in the accuracy of
the estimates of incidental halibut catches by these vessels up to that
point in the year;
(iv) Whether observer coverage of these vessels is sufficient to
assure adherence to the prescribed conditions and to alert the Regional
Director to increases in their incidental halibut catches; and
(v) The enforcement record of owners and operators of these
vessels, and the confidence of the Regional Director that adherence to
the prescribed conditions can be assured in light of available
enforcement resources.
* * * * *
(h) * * *
(1) Calculations. (i) In making any determination concerning
directed fishing under paragraph (g) of this section, the amount or
percentage of any species, species group, or any fish or fish products
will be calculated in round-weight equivalents.
(ii) Arrowtooth flounder or any groundfish species for which
directed fishing is closed may not be used to calculate retainable
amounts of other groundfish species under paragraph (g) of this
section.
* * * * *
PART 675--GROUNDFISH FISHERY OF THE BERING SEA AND ALEUTIAN ISLANDS
AREA
3. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In section 675.20, paragraphs (h)(2) and (i)(1) are revised to
read as follows:
Sec. 675.20 General limitations.
* * * * *
(h) * * *
(2) Yellowfin sole, rock sole, arrowtooth flounder, or ``other
flatfish''. The operator of a vessel is engaged in directed fishing for
yellowfin sole, rock sole, arrowtooth flounder, or ``other flatfish''
if he 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, or ``other flatfish'' retained at the same
time on the vessel during the same trip.
* * * * *
(i) * * *
(1) Calculations. (i) In making any determination concerning
directed fishing under paragraph (h) of this section, the amount or
percentage of any species, species group, or any fish or fish products
will be calculated in round-weight equivalents.
(ii) Arrowtooth flounder or any groundfish species for which
directed fishing is closed may not be used to calculate retainable
amounts of other groundfish species under paragraph (h) of this
section.
* * * * *
5. In Sec. 675.23, paragraph (c) is revised to read as follows:
Sec. 675.23 Seasons.
* * * * *
(c) Directed fishing for arrowtooth flounder and Greenland turbot
is authorized from 12 noon Alaska local time, May 1 through 12
midnight, Alaska local time, December 31, subject to the other
provisions of this part.
* * * * *
[FR Doc. 94-10640 Filed 4-29-94; 11:45 am]
BILLING CODE 3510-22-P
