Groundfish of the Gulf of Alaska; Groundfish Fishery of the Bering Sea and Aleutian Islands Area

DEPARTMENT OF COMMERCE

50 CFR Parts 672 and 675

[Docket No. 940102-4002, I.D. 122293D]

RIN 0648-AF17

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; request for comments.

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SUMMARY: NMFS proposes regulations that would implement Amendment 25 to

the Fishery Management Plan (FMP) for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area (BSAI). This amendment proposes to

eliminate the primary Pacific halibut prohibited species catch (PSC)

limit that, when reached, requires NMFS to close Bycatch Limitation

Zones 1 and 2H of the Bering Sea. NMFS also proposes regulations that

would authorize the release of vessel-specific observer data on bycatch

of prohibited species, and prohibit the discard of salmon taken as

bycatch in the BSAI groundfish trawl fisheries until each salmon has

been counted by a NMFS-certified observer. This action is necessary for

effective management of the halibut PSC limit established for BSAI

trawl fisheries and to provide better information on salmon and other

prohibited species bycatch. This action is intended to promote

management and conservation of groundfish and other fish resources and

to further the goals and objectives contained in the FMP for the

Groundfish Fishery of the BSAI and the FMP for Groundfish of the Gulf

of Alaska (GOA).

DATES: Comments must be received by 4:30 p.m., Alaska local time,

February 28, 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). Copies of the environmental assessment/

regulatory impact review (EA/RIR) may be obtained from the North

Pacific Fishery Management Council, P.O. Box 103136, Anchorage, AK

99510 (telephone 907-271-2809).

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, Fisheries

Management Division, Alaska Region, NMFS, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

Fishing for groundfish by U.S. vessels in the exclusive economic

zone of the GOA and the BSAI is managed by the Secretary of Commerce

(Secretary) according to the FMP for Groundfish of the GOA and the FMP

for the Groundfish Fishery of the BSAI. The FMPs were prepared by the

North Pacific Fishery Management Council (Council) under the Magnuson

Fishery Conservation and Management Act (16 U.S.C. 1801, et seq.)

(Magnuson Act), and are implemented by regulations governing the U.S.

groundfish fisheries at 50 CFR parts 672 and 675. General regulations

that also pertain to U.S. fisheries are codified at 50 CFR part 620.

This action proposes regulations to implement Amendment 25 to the

FMP for the Groundfish Fishery of the BSAI. If approved by the

Secretary, this amendment would eliminate the primary halibut PSC limit

established for BSAI trawl fisheries. This action also proposes two

regulatory amendments that would (1) authorize the release of vessel-

specific observer data on bycatch of prohibited species, and (2)

prohibit the discard of salmon taken as bycatch in the BSAI groundfish

trawl fisheries until each salmon has been counted by a NMFS-certified

observer. A description of, and reasons for, each of the proposed

measures is presented below.

Amendment 25 to the FMP for the Groundfish Fishery of the BSAI

A 4,400-mt primary halibut PSC limit was established for specified

BSAI trawl fisheries under Amendment 12a to the FMP for the Groundfish

Fishery of the BSAI (54 FR 32642, August 9, 1989). When the primary

halibut PSC limit was reached, Bycatch Limitation Zones 1 and 2H were

closed to directed fishing for specified groundfish species. The intent

of this closure was to reduce halibut bycatch rates experienced by the

trawl fisheries without prohibiting the groundfish trawl fisheries

access to the entire BSAI groundfish resource. When the secondary

halibut bycatch limit established under Amendment 12a (5,333 mt) was

reached, the entire BSAI was closed to directed fishing for specified

groundfish species. A justification for and intent of the primary

halibut PSC limit was discussed in the preamble to the final rule

implementing Amendment 12a. Amendment 12a expired December 31, 1990,

and was superseded by Amendment 16 to the FMP. Amendment 16 and its

implementing regulations (56 FR 2700, January 24, 1991) maintained the

primary and secondary halibut PSC limits at 4,400 mt and 5,333 mt,

respectively. Amendment 19 to the FMP maintained the primary halibut

PSC limit at 4,400 mt, but reduced the secondary limit to 5,033 mt.

This adjustment was effective only for the 1992 fishing year (57 FR

43926, September 23, 1992).

Under Amendment 19, the smaller difference between the primary and

secondary halibut PSC limits frustrated NMFS' ability to monitor the

primary halibut PSC limit in a manner to allow closures before the

secondary limit was reached. As a result, trawl closures ensuing from

halibut bycatch restrictions increasingly were implemented under the

secondary limit rather than the primary limit. This situation continues

under Amendment 21 to the FMP, which superseded Amendment 19 and

converted the primary and secondary halibut PSC limits established for

trawl gear fisheries from catch limits to mortality limits (3,300 mt

mortality and 3,775 mt mortality, respectively) (58 FR 14524, March 18,

1993).

Questions have been raised regarding the effectiveness of the

primary PSC mortality limit to reduce halibut bycatch rates for two

reasons. First, the minor difference between the primary and secondary

limits constrains NMFS' ability to implement fishery closures under the

primary limit before the secondary limit is reached. Second, observer

data on halibut bycatch rates do not indicate that closure of Bycatch

Limitation Zones 1 and 2H under the primary limit necessarily reduces

halibut bycatch rates to allow more groundfish to be harvested before

the secondary limit is reached. To the contrary, closure of Zones 1 and

2H often increases bycatch rates by forcing fisheries to move to areas

with lower groundfish catch per unit of effort and higher halibut

bycatch rates. Once the secondary limit is reached, the entire BSAI is

closed to directed fishing for specified groundfish species by vessels

using non-pelagic trawl gear (50 CFR 675.21(c)(1)(iv)).

To respond to these concerns, NMFS prepared a draft analysis for a

proposed FMP amendment to eliminate the primary halibut PSC limit. The

draft analysis was reviewed by the Council and its Advisory Panel (AP)

and Scientific and Statistical Committee (SSC) during the Council's

September 1992 meeting and adopted for public review. At its December

1992 meeting, the Council considered the testimony and recommendations

of the AP, SSC, fishing industry representatives, and the general

public on the proposed action to eliminate the primary halibut PSC

mortality limit. The Council adopted the proposed action under

Amendment 25 to the FMP and requested NMFS to prepare a proposed rule

to implement the action. The action would not affect the secondary

halibut bycatch mortality limit established for the BSAI trawl

fisheries (3,775 mt).

Mandatory Retention of Salmon Until Counted by a NMFS-certified

Observer

At its September 1993 meeting, the Council requested that NMFS

prepare a proposed rule for review and approval that would prohibit the

discard of salmon taken in the BSAI groundfish trawl fisheries until a

NMFS-certified observer has counted each fish and collected any

scientific data or biological samples that the observer had been

requested by NMFS to obtain. Regulations to prohibit the discard of all

salmon taken in groundfish trawl operations until an observer has

counted each salmon would provide the opportunity to collect better

data on salmon bycatch. These data could be used to assess the quality

of bycatch rate estimates derived from existing observer sampling

procedures and provide additional information with which to assess the

magnitude of salmon bycatch in the Alaska trawl fisheries. Additional

data collected on salmon taken as bycatch in the BSAI trawl fisheries

also could be used to assess long-term management measures that may be

developed to address the salmon bycatch problem. Mandatory retention of

salmon until counted by an observer also would support independent

industry initiatives to explore factors that may be correlated with

salmon bycatch and identify changes in fishing operations that could

reduce salmon bycatch rates.

NMFS concurs that additional information on salmon bycatch would be

desirable and is necessary to develop management actions to address the

salmon bycatch problem in the Alaska groundfish trawl fisheries.

Regulations implementing the Council's request would require operators

of vessels carrying observers whose fishing operation allows for

sorting of groundfish catch to sort all salmon from the groundfish

catch and store the salmon in a separate bin or other location on the

vessel that allows the observer free and unobstructed physical access

to each salmon for observation and collection of scientific data or

biological samples. Operators of vessels not carrying observers onboard

or whose fishing operation does not allow for sorting of groundfish

catch for salmon must ice, freeze, or store in a refrigerated saltwater

tank all salmon taken as bycatch in trawl operations for delivery to

the processor receiving the vessel's groundfish catch.

Processors receiving groundfish from trawl vessels participating in

a directed fishery for BSAI groundfish would be required to retain all

salmon delivered by each vessel during a weekly reporting period in

separate bins marked with the vessel's name and Alaska Department of

Fish and Game (ADF&G) fish ticket number(s) until a NMFS-certified

observer has counted each salmon and collected any scientific data or

biological samples that are requested by the NMFS Observer Program.

Processors without observer coverage immediately available would be

required to store all salmon until a NMFS-certified observer is

available to count each fish. Salmon must be stored at a location that

allows an observer free and unobstructed access to each salmon.

NMFS proposes to require vessel operators and managers of shoreside

processing operations to designate a crew person or employee who would

be responsible for proper sorting, retention, and storage of salmon

until a NMFS-certified observer has notified the vessel operator or

manager of the shoreside operation that the number of salmon and any

biological samples have been obtained. Upon the request of the

observer, the designated crew person or employee also would be

responsible to help count salmon and take biological samples from

retained salmon under the direction of the observer. The intent of this

proposed requirement is to support industry initiatives to obtain

better data on salmon bycatch and to facilitate the collection of these

data in a manner that does not jeopardize the collection of other

scientific or catch data that NMFS-certified observers currently are

required to obtain.

Processors without observer coverage would be required to freeze

salmon until such time as an observer is available to count retained

fish. Some processors are never required to obtain an observer because

their groundfish processing operation never exceeds 500 metric tons

(mt) during a single month. Mandatory retention would require these

processing operations to freeze salmon carcasses for an unknown period

of time until an observer is obtained to count the fish. Although not

quantified, the associated costs to unobserved processing operations

resulting from long-term storage of salmon likely are unreasonable

relative to the amounts of groundfish processed and corresponding

salmon bycatch that could be expected from the small amounts of

groundfish delivered to these processing operations. Therefore, NMFS

proposes to exempt processors from mandatory retention of salmon during

those months that the processor is exempt from obtaining observer

coverage under regulations implementing the Observer Program (50 CFR

672.27 and 675.25). Currently, this exemption applies to mothership

processors and shoreside processing facilities that receive less than

500 mt of groundfish during a month.

All salmon, regardless of whether possessed at sea or at land-based

processors, would be required to be returned to Federal waters

immediately with a minimum of injury regardless of condition, following

notice by a NMFS-certified observer that salmon have been counted and

the collection of any scientific data or biological samples has been

completed. The discard of any salmon prior to notification by a NMFS-

certified observer that salmon have been counted would constitute a

violation of regulations authorized under the Magnuson Act. Such

violations would be subject to enforcement action under the Magnuson

Act.

Release of Observer Data on Vessel Bycatch Amounts of Salmon and

Bycatch Rates of Other Prohibited Species

Observer data may be protected from public disclosure under the

Freedom of Information Act (FOIA) because it is considered commercial

or financial information (5 U.S.C. 552(b)(4)). Release of such

information may be facilitated by regulatory action.

At its September 1993 meeting, the Council requested NMFS to

prepare a proposed rule that would authorize the release of certain

weekly observer data: The name and Federal permit number of each vessel

participating in a directed fishery for Alaska groundfish; the number

of chinook salmon and other salmon species taken by each vessel; and

the observed bycatch rates of Pacific halibut, Pacific herring, king

crab, and C. bairdi Tanner crab of vessels participating in the BSAI or

GOA groundfish fisheries. Members of the groundfish industry have

requested that vessel bycatch amounts or rates be made available in as

timely a manner as possible to support independent industry initiatives

to address the bycatch problem.

To further support industry initiatives to reduce prohibited

species bycatch rates in the groundfish trawl fisheries, members of the

groundfish industry have submitted a separate request to NMFS for the

release of additional observer data on prohibited species bycatch in

most BSAI and GOA groundfish trawl fisheries. NMFS believes that

disclosure of these observer data collected since 1992 could facilitate

research by industry on salmon and other prohibited species bycatch

that hopefully would lead to more informed decisions by vessel

operators on alternative fishing practices to minimize bycatch rates of

these species. These data would not be identified by vessel and would

include the following data for observed hauls in the trawl fisheries:

Date;

Time of day gear is deployed;

Latitude and longitude at beginning of haul;

Bottom Depth;

Fishing depth of trawl;

Rate chinook salmon (number of salmon/mt groundfish);

Rate other salmon (number of salmon/mt groundfish);

Rate Pacific halibut (kilograms halibut/mt groundfish;

Rate Pacific herring (kilograms herring/mt groundfish);

Rate king crab (number of crab/mt groundfish);

Rate bairdi Tanner crab (number of crab/mt groundfish);

Sea surface temperature (where available); and

Sea temperature at fishing depth of trawl (where available).

Representatives of the Alaska trawl industry have requested that

the above observer data on specific hauls not be released for vessels

participating in the rockfish, Greenland turbot, or Atka mackerel trawl

fisheries because substantial competitive harm could result. These

fisheries are conducted by a small number of vessels, involve

relatively small amounts of quota, and are geographically specific in

nature. Releasing observer data on individual hauls could effectively

disclose commercial information of the current participants and cause

them to suffer substantial competitive harm. The rockfish, Greenland

turbot, and Atka mackerel fisheries generally have low salmon bycatch

rates and contribute relatively little to the overall salmon bycatch

amounts annually experienced in the Alaska trawl fisheries.

Consequently, excluding from disclosure the observer data collected

onboard vessels participating in the rockfish, Greenland turbot, or

Atka mackerel fisheries is not anticipated to impair the effectiveness

of industry initiatives to address the salmon bycatch problem.

Trawl industry representatives have not presented to NMFS concerns

about the release of observer data that includes vessel name and

prohibited species bycatch amounts or rates or haul-specific observer

data for groundfish fisheries other than the rockfish, Greenland

turbot, or Atka mackerel fisheries. Other participants in the

groundfish fisheries may perceive that the release of these observer

data may cause substantial competitive harm to vessel operators,

owners, or other persons involved in the groundfish fishing industry

because the disclosure of haul location and depth data for these

fisheries involves the release of traditionally closely held commercial

information. Therefore, the disclosure of observer data on prohibited

species bycatch and associated haul location and depth information

could possibly be expected to divulge information on specific fishing

operations in a manner that would result in substantial competitive

harm.

Pursuant to a request for information under the FOIA, NMFS has

determined that the disclosure of observer data for vessel haul

location and depth in the BSAI pollock and cod fisheries collected

during 1993 is not reasonably expected to result in competitive harm.

This disclosure is based on the determination that trawl operations for

pollock and cod in the BSAI occur within fairly well demarcated areas

that have consistently supported historic foreign, joint venture, and

domestic fisheries for these species. Given the established nature of

these fisheries and the relative concentration of fishing effort to

known fishing grounds, NMFS does not expect that the release of haul

position and depth would result in the identification of unique fishing

operations for pollock and cod that are not already known by the

participants in these fisheries. However, NMFS still is concerned about

whether the conditions allowing for the disclosure of observer data

collected in the BSAI pollock and Pacific cod fisheries will continue

in the future. Accordingly, NMFS has not exempted the BSAI pollock and

Pacific cod fisheries from this proposed rule.

This proposed rule is in accordance with Department of Commerce

regulations relating to the disclosure of commercial or financial

information (15 CFR 4.7(h)). Under these regulations, NMFS may disclose

commercial or financial information if (1) a notice of intent to

disclose such information is adopted by NMFS pursuant to notice and

public comment, (2) NMFS specifies narrow classes of records submitted

to it that are to be released under the FOIA, and (3) NMFS provides in

exceptional circumstances for notice when the submitter provides

written justification, at the time the information is submitted, that

disclosure of the information could reasonably be expected to cause

substantial competitive harm.

Consistent with 15 CFR 4.7(h), in exceptional circumstances, vessel

owners and operators may provide to the Regional Director written

justification at the time the observer data are submitted, or within a

reasonable time thereafter (such as 24 hours), that disclosure of the

information could reasonably be expected to cause substantial

competitive harm. The Regional Director would consider objections and

specific grounds for nondisclosure prior to determining whether to

release the observer data. An example of an exceptional circumstance

that would warrant Regional Director consideration of observer data

would be when fewer than three vessels participate in a particular

trawl fishery during a weekly reporting period and release of location

or depth data for individual hauls observed onboard those vessels would

result in substantial competitive harm. Exceptional circumstances that

would result in the nondisclosure of observer data on vessel name and

weekly bycatch amounts or rates of prohibited species have not been

identified by NMFS. Public comment is specifically encouraged on

additional exceptional circumstances that may justify nondisclosure.

Classification

The Assistant Administrator for Fisheries, NOAA (AA), has initially

determined that this proposed rule is necessary for the conservation

and management of the groundfish fishery off Alaska and that, pending

Secretarial approval of Amendment 25, it would be consistent with the

Magnuson Act and other applicable laws.

The RIR prepared for the proposed action concludes that this

proposed rule, if adopted, would not have significant impacts on a

substantial number of small entities. A copy of this analysis is

available from the Council (see ADDRESSES). Every vessel operator

participating in the Alaska groundfish fisheries and every processor

receiving BSAI groundfish would be affected by the proposed action.

Most operators of catcher vessels harvesting groundfish off Alaska meet

the definition of a small entity under the Regulatory Flexibility Act.

In 1992, 180 catcher vessels landed groundfish from the BSAI. All these

vessel operators would be affected by the preferred alternatives,

particularly those that participate in the pollock fishery (about 123

vessels). The economic impact on small entities under the proposed

action would not result in a reduction in annual gross revenues by more

than 5 percent, annual compliance costs that 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.

List of Subjects in 50 CFR Parts 672 and 675

Fisheries, Reporting and recordkeeping.

Dated: January 12, 1994.

Nancy Foster,

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 OF THE GULF OF ALASKA

1. The authority citation for 50 CFR part 672 continues to read as

follows:

Authority: 16 U.S.C. 1801, et seq.

2. In Sec. 672.7, paragraph (n) is added to read as follows:

Sec. 672.7 Prohibitions.

* * * * *

(n) Discard any salmon taken as bycatch in a directed fishery for

Bering Sea and Aleutian Islands Area groundfish by vessels using trawl

gear until notified by a NMFS-certified observer that all salmon have

been counted and the collection of any scientific data or biological

samples has been completed as provided at 50 CFR 675.20(c)(6).

3. In Sec. 672.27, a new paragraph (g) is added to read as follows:

Sec. 672.27 Observers.

* * * * *

(g) Disclosure of observer data to the public. (1) The following

information collected by observers for each catcher processor and

catcher vessel may be made available to the public:

(i) Vessel name and Federal permit number;

(ii) Number of chinook salmon and ``other salmon'' observed during

a weekly reporting period;

(iii) The ratio of total round weight of halibut or Pacific herring

to the total round weight of groundfish in sampled hauls during a

weekly reporting period; and

(iv) The ratio of number of king crab or C. bairdi Tanner crab to

the total round weight of groundfish in sampled hauls during a weekly

reporting period.

(2) The following information for observed hauls collected by

observers onboard vessels using trawl gear to participate in a directed

fishery for groundfish other than rockfish, Greenland turbot, or Atka

mackerel may be made available to the public:

(i) Date;

(ii) Time of day gear is deployed;

(iii) Latitude and longitude at beginning of haul;

(iv) Bottom depth;

(v) Fishing depth of trawl;

(vi) Rate chinook salmon (number of salmon/mt groundfish);

(vii) Rate other salmon (number of salmon/mt groundfish);

(viii) Rate Pacific halibut (kilograms halibut/mt groundfish);

(ix) Rate Pacific herring (kg herring/mt groundfish);

(x) Rate king crab (number of crab/mt groundfish);

(xi) Rate C. bairdi Tanner crab (number of crab/mt groundfish);

(xii) Sea surface temperature (where available); and

(xiii) Sea temperature at fishing depth of trawl (where available).

(3) In exceptional circumstances, the owners and operators of

vessels may provide to the Regional Director written justification at

the time observer data are submitted or within a reasonable time

thereafter, that disclosure of the information listed in paragraphs

(g)(1) or (g)(2) of this section could reasonably be expected to cause

substantial competitive harm. The determination whether to disclose the

information will be made pursuant to 15 CFR 4.7.

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

4. The authority citation for 50 CFR part 675 continues to read as

follows:

Authority: 16 U.S.C. 1801 et seq.

Sec. 675.2 [Amended]

5. In Sec. 675.2, the definition of Bycatch Limitation Zone 2H is

removed.

6. In Sec. 675.7, paragraph (o) is added to read as follows:

Sec. 675.7 General prohibitions.

* * * * *

(o) Discard any salmon taken as bycatch in a directed fishery for

groundfish by vessels using trawl gear until notified by a NMFS-

certified observer that all salmon have been counted and the collection

of any scientific data or biological samples has been completed as

provided at Sec. 675.20(c)(6) of this part.

7. In Sec. 675.20, paragraphs (c)(3) and (c)(4) are revised and new

paragraph (c)(6) is added to read as follows:

Sec. 675.20 General limitations.

* * * * *

(c) * * *

(3) The operator of each vessel regulated under this part must sort

its catch as soon as possible after retrieval of the gear and, except

as provided under paragraph (c)(6) of this section, must return all

prohibited species or parts thereof to the sea immediately with a

minimum of injury, regardless of its condition, after allowing for

sampling by an observer if an observer is onboard.

(4) Except as provided under paragraph (c)(6) of this section, it

will be a rebuttable presumption that any prohibited species retained

onboard a fishing vessel regulated under this part was caught and

retained in violation of this section.

* * * * *

(6) Retention of salmon.--(i) Except as provided in paragraph

(c)(6)(v) of this section, the operator of a vessel and the manager of

a shoreside processing operation must not discard any Pacific salmon

species taken incidental to any directed fishery for groundfish using

trawl gear until all salmon have been counted by a NMFS-certified

observer and the collection of any scientific data or biological

samples from the salmon has been completed.

(ii) Operators of vessels carrying observers onboard and whose

fishing operations allow for sorting of groundfish catch for salmon

must retain all salmon bycatch in a separate bin or other location that

allows an observer free and unobstructed physical access to the salmon

to count each fish and collect any scientific data or biological

samples.

(iii) Operators of vessels not carrying observers onboard or whose

fishing operations do not allow for sorting of groundfish catch for

salmon must ice, freeze, or store in a refrigerated saltwater tank all

salmon taken as bycatch in trawl operations for delivery to the

processor receiving the vessel's groundfish catch.

(iv) Processors receiving groundfish harvested in a directed

fishery for groundfish using trawl gear must retain all salmon

delivered by each trawl vessel during a weekly reporting period in

separate bins marked with the vessel's name and ADF&G fish ticket

number(s) for each delivery until a NMFS-certified observer has counted

each salmon and collected any scientific data or biological samples

from the salmon delivered to the processor by that vessel. Processors

without an observer present must store whole salmon in an iced or

frozen state until an observer is available to count each fish. Salmon

must be stored at a location that allows an observer free and

unobstructed physical access to each salmon.

(v) Mothership processor vessels and shoreside processing

facilities that are exempt from obtaining observer coverage during a

month under Sec. 675.25 of this part or 50 CFR part 672.27 are exempt

from mandatory retention of salmon under this paragraph (c)(6).

(vi) Operators of vessels and managers of shoreside processing

operations that are required to retain salmon under paragraph (c)(6)(i)

of this section must designate and identify to the NMFS-certified

observer onboard the vessel or at the shoreside operation a crew person

or employee to be responsible for sorting, retention, and storage of

salmon consistent with this paragraph (c)(6). Upon the request of the

NMFS-certified observer, the designated crew person or employee also is

responsible for counting salmon and taking biological samples from

retained salmon under the direction of the observer.

(vii) Salmon must be returned to Federal waters immediately with a

minimum of injury regardless of condition, following notice by a NMFS-

certified observer that salmon have been counted and the collection of

any scientific data or biological samples has been completed.

8. In Sec. 675.21, paragraphs (a)(4) and (c)(1)(iii) are removed;

paragraphs (a)(5) through (a)(7) are redesignated paragraphs (a)(4)

through (a)(6), respectively; paragraph (c)(1)(iv) is redesignated as

paragraph (c)(1)(iii); and paragraphs (b)(1) introductory text,

(b)(2)(i) and newly redesignated paragraphs (a)(4) and (c)(1)(iii) are

revised to read as follows:

Sec. 675.21 Prohibited species catch (PSC) limitations.

(a) * * *

(4) The PSC limit of Pacific halibut caught while conducting any

trawl fishery for groundfish in the Bering Sea and Aleutian Islands

Management Area during any fishing year is an amount of Pacific halibut

equivalent to 3,775 mt of halibut mortality.

* * * * *

(b) * * *

(1) Apportionment to trawl fishery categories. NMFS, after

consultation with the Council, will apportion each PSC limit set forth

in paragraphs (a)(1) through (a)(5) of this section into bycatch

allowances for fishery categories specified in paragraph (b)(1)(iii) of

this section, based on each category's proportional share of the

anticipated incidental catch during a fishing year of prohibited

species for which a PSC limit is specified and the need to optimize the

amount of total groundfish harvested under established PSC limits. The

sum of all bycatch allowances of any prohibited species will equal its

PSC limit.

* * * * *

(2) * * *

(i) The Secretary, after consultation with the Council, may

apportion the halibut PSC limit for non-trawl gear set forth in

paragraph (a)(6) of this section into bycatch allowances for fishery

categories specified in paragraph (b)(2)(ii) of this section, based on

each category's proportional share of the anticipated bycatch mortality

of halibut during a fishing year and the need to optimize the amount of

total groundfish harvested under the non-trawl halibut PSC limit. The

sum of all halibut bycatch allowances will equal the halibut PSC limit

specified at paragraph (a)(6) of this section.

* * * * *

(c) * * *

(1) * * *

(iii) Halibut bycatch allowance. If, during the fishing year, the

Regional Director determines that U.S. fishing vessels participating in

any of the trawl fishery categories listed in paragraphs (b)(1)(iii)(B)

through (F) of this section in the Bering Sea and Aleutian Islands

Management Area will catch the halibut bycatch allowance, or seasonal

apportionment thereof, specified for that fishery category under

paragraph (b) of this section, NMFS will publish in the Federal

Register the closure of the entire Bering Sea and Aleutian Islands

Management Area to directed fishing for the species and/or species

group that comprises that fishery category (which together constitute a

species or species group for purposes of the directed fishing

standards) for the remainder of the year or for the remainder of the

season, except that when a bycatch allowance, or seasonal apportionment

thereof, specified for the pollock/Atka mackerel/``other species''

fishery category is reached, only directed fishing for pollock is

closed to trawl vessels using non-pelagic trawl gear.

* * * * *

9. In Sec. 675.25, a new paragraph (g) is added to read as follows:

Sec. 675.25 Observers.

* * * * *

(g) Release of observer data to the public. (1) The following

information collected by observers for each catcher processor and

catcher vessel may be made available to the public:

(i) Vessel name and Federal permit number;

(ii) Number of salmon observed during a weekly reporting period;

(iii) The ratio of total round weight of halibut or Pacific herring

to the total round weight of groundfish in sampled hauls during a

weekly reporting period; and

(iv) The ratio of the number of king crab or C. bairdi Tanner crab

to the total round weight of groundfish in sampled hauls during a

weekly reporting period.

(2) The following information for observed hauls collected by

observers onboard vessels using trawl gear to participate in a directed

fishery for groundfish other than rockfish, Greenland turbot, or Atka

mackerel may be made available to the public:

(i) Date;

(ii) Time of day gear is deployed;

(iii) Latitude and longitude at beginning of haul;

(iv) Bottom depth;

(v) Fishing depth of trawl;

(vi) Rate chinook salmon (number of salmon/mt groundfish);

(vii) Rate other salmon (number of salmon/mt groundfish);

(viii) Rate Pacific halibut (kilograms halibut/mt groundfish);

(ix) Rate Pacific herring (kg herring/mt groundfish);

(x) Rate king crab (number of crab/mt groundfish);

(xi) Rate C. bairdi Tanner crab (number of crab/mt groundfish);

(xii) Sea surface temperature (where available); and

(xiii) Sea temperature at fishing depth of trawl (where available).

(3) In exceptional circumstances, the owners and operators of

vessels may provide to the Regional Director written justification at

the time observer data are submitted or within a reasonable time

thereafter, that disclosure of the information listed in paragraphs

(g)(1) or (g)(2) of this section could reasonably be expected to cause

substantial competitive harm. The determination whether to disclose the

information will be made pursuant to 15 CFR 4.7.

[FR Doc. 94-1165 Filed 1-13-94; 2:10 pm]

BILLING CODE 3510-22-P