96-17123. Groundfish of the Gulf of Alaska; Pacific Ocean Perch; Amendment 38  

  • [Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
    [Proposed Rules]
    [Pages 35174-35175]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17123]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Part 679
    
    [I.D. 062596B]
    RIN 0648-AH68
    
    
    Groundfish of the Gulf of Alaska; Pacific Ocean Perch; Amendment 
    38
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Notice of availability; request for comments.
    
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    SUMMARY: The North Pacific Fishery Management Council (Council) has 
    submitted Amendment 38 to the Fishery Management Plan for Groundfish of 
    the Gulf of Alaska (FMP) for Secretarial review. Amendment 38 would 
    provide the flexibility for the Council to recommend a total allowable 
    catch amount for Pacific ocean perch (POP) below the level currently 
    established in the FMP. NMFS is requesting comments from the public on 
    the proposed amendment. Copies of the amendment may be obtained from 
    the Council (see ADDRESSES).
    
    DATES: Comments on the FMP amendment should be submitted on or before 
    August 30, 1996.
    
    ADDRESSES: Comments on the FMP amendment should be submitted to Ronald 
    J. Berg, Chief, Fisheries Management Division, Alaska Region, NMFS, 
    P.O. Box 21668, Juneau, AK 99802-1668; Attn: Lori Gravel, or delivered 
    to the Federal Building, 709 West 9th Street, Juneau, AK.
        Copies of Amendment 38 and the environmental assessment and the 
    economic analysis prepared for the amendment are available from the 
    North Pacific Fishery Management Council, 605 W 4th Ave., Suite 306, 
    Anchorage, AK 99501-2252; telephone: 907-271-2809.
    
    FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
    
    SUPPLEMENTARY INFORMATION: The Magnuson Fishery Conservation and 
    Management Act (Magnuson Act) requires that each Regional Fishery 
    Management Council submit any fishery management plan or plan amendment 
    it prepares to the Secretary of Commerce (Secretary) for review and 
    approval, disapproval, or partial disapproval. The Magnuson Act also 
    requires that the Secretary, upon receiving a fishery management plan 
    or amendment, immediately publish a notice that the fishery management 
    plan or amendment is available for public review and comment. The 
    Secretary will consider the public comments received during the comment 
    period in determining whether to approve the FMP or amendment.
        Decline of the POP stock since the early period of the foreign 
    fishery (mid 1960's) prompted the Council to recommend a rebuilding 
    plan for POP. The Pacific Ocean Perch Rebuilding Plan (Rebuilding Plan) 
    was established in Amendment 32 to the FMP. Details of the 
    justification for the Rebuilding Plan can be found in the Notice of 
    Availability for Amendment 32 (59 FR 295; January 4, 1994). The POP 
    Rebuilding Plan provides a specific rebuilding strategy for POP stocks, 
    based on available biological and economic information. The Rebuilding 
    Plan establishes a formula to determine annually the POP TAC, which is 
    then apportioned among Gulf of Alaska (GOA) regulatory areas based on 
    biomass distribution. However, the amendment does not provide for any 
    flexibility to reduce the TAC below the amount specified by the 
    formula.
        Under the current Rebuilding Plan, the potential exists for the 
    calculated TAC to be greater than the acceptable biological catch 
    (ABC), which would be inconsistent with the current management practice 
    for other groundfish stocks. The Council has also expressed concern 
    that it does not have the flexibility to lower the POP TAC under the 
    Rebuilding Plan to accomodate other resource conservation concerns. 
    Therefore, the Council adopted Amendment 38 to the FMP at its December 
    1995 meeting. Amendment 38 would not prescribe a TAC lower than that 
    specified by the formula; however, it would allow the Council the 
    flexibility to recommend a TAC below the level of the specified formula 
    in one or more GOA regulatory areas or districts. To be consistent with 
    the Rebuilding Plan for POP, any downward adjustment of TAC would be 
    based on biological or resource conservation concerns.
        Under the Rebuilding Plan, an ABC is set for POP in the GOA and 
    this ABC is apportioned among regulatory areas based on biomass 
    distribution. The TAC is determined using the formula and is then 
    apportioned to each regulatory area according to the percentage biomass 
    distribution used for the ABC apportionment.
        Under Amendment 38, once the TAC is apportioned among regulatory 
    areas, as specified by the current FMP, the Council could recommend a 
    further downward adjustment of the POP TAC in one or more of the GOA 
    regulatory areas or districts. Any downward adjustments would be based 
    on biological or resource conservation concerns about the POP resource 
    or associated with the POP fishery that are not accounted for in the 
    Rebuilding Plan or the annual Stock Assessment and Fishery Evaluation 
    (SAFE) reports, or to maintain the TAC below the ABC. NMFS will 
    consider information provided by a recognized scientific body such as 
    the Council's Scientific and Statistical Committee, Plan Team, or by
    
    [[Page 35175]]
    
    NMFS stock assessment scientists regarding any downward adjustment of 
    the TAC.
        The FMP amendment would only give the Council the alternative of 
    recommending a lower POP TAC in the annual specifications process to 
    address biological or resource conservation concerns that are not 
    addressed under the Rebuilding Plan or SAFE reports. If socioeconomic 
    concerns exist with respect to the management of the POP fishery, 
    particularly in the Eastern GOA, the Council would need to consider a 
    separate amendment to address these issues.
        Amendment 38 is intended to improve conservation and management of 
    POP and to further the goals and objectives of the FMP. No regulatory 
    changes are necessary to implement this FMP amendment. The TAC would be 
    considered for implemention during the annual specification process 
    under regulations at Sec. 679.20(c).
    
        Authority: 16 U.S.C. 1801 et seq.
    
        Dated: June 27, 1996.
    Richard W. Surdi,
    Acting Director, Office of Fisheries Conservation and Management, 
    National Marine Fisheries Service.
    [FR Doc. 96-17123 Filed 7-1-96; 3:18 pm]
    BILLING CODE 3510-22-F
    
    
    

Document Information

Published:
07/05/1996
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Proposed Rule
Action:
Notice of availability; request for comments.
Document Number:
96-17123
Dates:
Comments on the FMP amendment should be submitted on or before August 30, 1996.
Pages:
35174-35175 (2 pages)
Docket Numbers:
I.D. 062596B
RINs:
0648-AH68: FMP Amendment 38 for the Groundfish Fishery of the GOA
RIN Links:
https://www.federalregister.gov/regulations/0648-AH68/fmp-amendment-38-for-the-groundfish-fishery-of-the-goa
PDF File:
96-17123.pdf
CFR: (1)
50 CFR 679