Groundfish of the Gulf of Alaska

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 672

[Docket No. 940835-4235; I.D. 081294B]

RIN 0648-AH22

Groundfish of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Emergency interim rule; request for comments.

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SUMMARY: NMFS has determined that an emergency exists in the groundfish

fisheries being conducted in the Gulf of Alaska (GOA). To preserve a

significant economic opportunity that otherwise might be foregone, NMFS

is reopening the sablefish hook-and-line fishery in certain areas of

the GOA during the September 12-14, 1994, opening of the Pacific

halibut fishery. NMFS is also increasing the directed fishing standard

for sablefish in the Southeast Outside District of the GOA during this

same time period and is establishing the framework authority to allow

an increase in the directed fishing standard for sablefish during any

subsequent opening of a Pacific halibut fishery.

DATES: Effective September 12, 1994 through December 10, 1994. Comments

must be received by September 15, 1994.

ADDRESSES: Comments should be sent to Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region, National Marine Fisheries Service,

P.O. Box 21668, Juneau, AK 99802-1668, Attention: Lori Gravel. Copies

of the Environmental Assessment prepared for the emergency rule may be

obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

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

zone of the GOA is managed by the Secretary of Commerce (Secretary)

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

GOA. The FMP was 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 is

implemented by regulations governing the U.S. groundfish fisheries at

50 CFR part 672. General regulations that also pertain to U.S.

fisheries are codified at 50 CFR part 620.

At times, amendments to the FMP or its implementing regulations are

necessary to respond to fishery conservation and management problems

that cannot be addressed within the time frame of the normal procedures

provided for by the Magnuson Act. Section 305(c) of the Magnuson Act

authorizes the Secretary to implement emergency regulations necessary

to address these situations. These emergency regulations may remain in

effect for 90 days, with a possible 90-day extension.

The 1994 directed sablefish hook-and-line fishery was open for 10

days in May. During this opening the halibut prohibited species catch

(PSC) limit was reached, but the full sablefish hook-and-line total

allowable catch (TAC) amount in the GOA was not harvested. Regulations

at Sec. 672.20(f)(3)(ii) prohibit directed fishing for groundfish by

vessels using hook-and-line gear once the halibut PSC limit, annually

specified for vessels using this gear type, is reached.

Accordingly, the GOA was closed to directed fishing for groundfish

by vessels using hook-and-line gear (other than demersal shelf rockfish

in the Southeast Outside District) under Sec. 672.20(f)(3)(ii) from May

28 to December 31, 1994 (59 FR 17737, April 14, 1994; 59 FR 43296,

August 23, 1994). However, 6,479 metric tons (mt), or 30 percent, of

the 1994 sablefish hook-and-line quota share remains unharvested.

Regulations implementing directed fishing standards for sablefish

(Sec. 672.20(g)(4)(i)) limit retention of this species on a vessel in

the hook-and-line fisheries to less than 4 percent of the total amount

of all other fish species retained at the same time on the vessel

during a fishing trip. The remaining amount of sablefish TAC specified

for vessels using hook-and-line gear exceeds potential bycatch needs in

the hook-and-line fisheries for nongroundfish.

The International Pacific Halibut Commission (IPHC) has announced a

48-hour opening of the Pacific halibut fishery from 12 noon Alaska

local time (A.l.t.) September 12, 1994 to 12 noon A.l.t. September 14,

1994. The halibut opening provides the opportunity for NMFS to reopen

the sablefish fishery to allow some of the remaining sablefish TAC to

be harvested and revenue to be generated that would otherwise be

foregone had the halibut fishery not been opened in September. The IPHC

supports a concurrent halibut/sablefish opening in September.

This emergency rule: (1) Opens the GOA sablefish hook-and-line

fishery in the Western and Central Regulatory Areas and the West

Yakutat district of the Eastern Regulatory Area for the duration of the

September Pacific halibut fishery opening, (2) increases the directed

fishing standard for sablefish in the Southeast Outside District of the

Eastern Regulatory Area of the GOA for the duration of the September

Pacific halibut fishery opening, and (3) establishes authority for the

Regional Director to increase the directed fishing standard for

sablefish during any subsequent opening of the halibut fishery. Details

of this emergency rule follow.

Sablefish Management

This emergency rule: (1) Opens the sablefish hook-and-line fishery

to directed fishing in the Western and Central Regulatory Areas and in

the West Yakutat District of the Eastern Regulatory Area from 12 noon

A.l.t. September 12, 1994, to 12 noon A.l.t. September 14, 1994; and

(2) increases the retainable bycatch amounts of sablefish to 30 percent

in the Southeast Outside District of the Eastern Regulatory Area from

12 noon A.l.t. September 12, 1994, to 12 noon A.l.t. September 14,

1994.

The unanticipated circumstances of the May 1994 sablefish fishery

left a significant amount (6,479 mt) of sablefish TAC unharvested. A

concurrent halibut/sablefish opening would allow optimum utilization of

both species. The legal-sized halibut that might be caught in the

directed sablefish fishery would be attributed to the IPHC halibut

quota.

Sablefish will remain closed to directed fishing with hook-and-line

gear in the Southeast Outside District of the Eastern Regulatory Area

of the GOA during the September 12-14 halibut opening. Not enough

sablefish TAC remains in the Southeast Outside District to support a

directed fishery. However, because 455 mt of sablefish remain

unharvested in the Southeast Outside District, NMFS will increase the

directed fishing standard for sablefish from the current 4 percent to

30 percent from 12 noon A.l.t. September 12 to 12 noon A.l.t. September

14, 1994. The current 4 percent retainable bycatch amount would only

allow approximately 109 mt of sablefish to be harvested. Based on NMFS'

calculations, an increase in the bycatch retention limit to 30 percent

would allow harvest of most of the remaining sablefish in the Southeast

Outside District. This would provide increased revenue for that sector

of the sablefish industry that fishes in the Southeast Outside

District.

The IPHC, in conjunction with NMFS, determined that the optimum

length for the concurrent halibut/sablefish opening would be 2 days in

the Western and Central Areas and in the West Yakutat District. The

halibut that is caught as bycatch in the sablefish fishery will be

counted against the Pacific halibut quota. A minimal amount of

unavoidable discards of undersized halibut will occur in the sablefish

fishery. The IPHC estimates that minimal discards of halibut in the

directed sablefish fishery could also occur as a result of operators of

vessels participating in either fishery attaining their halibut trip

limits. However, these discards would not be expected to exceed 10 mt.

Based on the daily catch rate of sablefish in the May 1994 directed

sablefish fishery, the September sablefish fishery could potentially

harvest 90, 1246, and 542 mt (round-weight equivalent) in the Western,

Central, and West Yakutat areas, respectively. The headed-and-gutted

(Eastern cut) sablefish product is valued at approximately $2.00/lb (or

$4.40/kg).

To determine an approximate value of the expected sablefish harvest

in September, the anticipated round-weight harvest amount (in pounds)

is multiplied by a product recovery rate of 0.63 to convert the weight

to a headed-and-gutted weight equivalent. This value is multiplied by

the $2.00/lb ($4.40/kg), headed-and-gutted value for the sablefish.

Using these calculations, the Western, Central, and West Yakutat Areas

could potentially generate approximately $250,000, $3,461,000, and

$1,506,000, respectively, during the 2-day September opening. This

would bring an additional revenue of approximately $5,217,000 to the

GOA sablefish industry without significantly increasing halibut

discards. Complete harvest of the remaining TAC amount of 455 mt in the

Southeast Outside District, under the revised directed fishing

standards, would contribute an additional $1,264,000 to the sablefish

revenue, for a total of $6,481,000.

The value of dressed, head-off halibut is estimated to be $1.50/lb

(or $3.30/kg). Based on the price difference for halibut and sablefish,

a significant number of vessels would likely target on sablefish during

the concurrent 2-day opening.

Framework Authority to Increase the Directed Fishing Standard

This emergency rule also establishes the authority for the

Director, Alaska Region, NMFS (Regional Director) to increase the

directed fishing standard for sablefish (Sec. 672.20(g)(4)(iii)) during

any subsequent opening of the halibut fishery. The directed fishing

standard for sablefish could be increased in areas closed to directed

fishing for sablefish, based on the following criteria: (1) The

increase would occur in a GOA regulatory area or district and during a

time period that the IPHC has authorized an opening for Pacific

halibut, under 50 CFR part 301; (2) a sufficient amount of sablefish

TAC would remain unharvested in the area to support an increased

harvest of sablefish consistent with any increase in the directed

fishing standard for this species; and (3) the duration of the Pacific

halibut fishery opening and the anticipated fishing effort would not

result in an overharvest of a sablefish TAC.

Establishment of the framework authority would give NMFS the

flexibility to allow further harvest of sablefish and hence increase

revenue.

NMFS concurs that the above regulatory measures must be implemented

by emergency rulemaking to provide the economic opportunity for the

sablefish industry to realize revenue that would otherwise be foregone

had a directed sablefish fishery not been authorized in September 1994.

Comments on this action are invited through September 15, 1954. (See

ADDRESSES).

Classification

This rule is exempt from the requirements of the Regulatory

Flexibility Act to prepare a regulatory flexibility analysis because it

is issued without opportunity for prior public comment, and none has

been prepared.

This rule has been determined to be not significant for purposes of

E.O. 12866.

The Assistant Administrator for Fisheries, NOAA (AA), finds that

the immediate need to provide an opportunity to optimize the harvest of

sablefish in conjunction with the IPHC announcement of the re-opening

of the Pacific halibut fishery in September constitutes good cause to

waive the requirement to provide prior notice and an opportunity for

public comment, pursuant to authority set forth at 5 U.S.C. 553(b)(B),

as such procedures would be impracticable. Further, the AA finds that

the re-opening of the directed fishery, increase in the directed

fishing standard for sablefish, and the regulatory amendment, relieve a

restriction and, therefore, pursuant to authority at 5 U.S.C.

553(d)(1), this rule is effective concurrent with the re-opening of the

Pacific halibut fishery.

List of Subjects in 50 CFR Part 672

Fisheries, Reporting and recordkeeping requirements.

Dated: August 25, 1994.

Charles Karnella,

Acting Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 672 is amended

as follows:

PART 672--GROUNDFISH 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. From September 12, 1994 until December 10, 1994 Sec. 672.20,

paragraphs (f)(3)(ii) and (g)(4)(i) are suspended and new paragraphs

(f)(3)(iv) and (g)(4)(iii) are added as follows:

Sec. 672.20 General limitations.

* * * * *

(f) * * *

(3) * * *

(iv) Hook-and-line fisheries--(A) Groundfish other than demersal

shelf rockfish in the Southeast Outside District. Except as provided

under paragraph (f)(3)(iv)(B) of this section, 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 a document in the Federal

Register prohibiting directed fishing for groundfish, other than

demersal shelf rockfish in the Southeast Outside District, by operators

of vessels using hook-and-line gear for the remainder of the season to

which the halibut bycatch allowance or seasonal apportionment thereof

applies.

(B) Sablefish. Directed fishing for sablefish by operators of

vessels using hook-and-line gear is authorized from 12 noon Alaska

local time (A.l.t.) September 12, 1994, to 12 noon A.l.t. September 14,

1994, in the Western and Central Regulatory Areas and the West Yakutat

District of the Eastern Regulatory Area.

(C) 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 a document 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.

* * * * *

(g) * * *

(4) * * *

(iii) Sablefish. (A) Except as provided under paragraphs

(g)(4)(iii) (B) and (C) of this section, the operator of a vessel is

engaged in directed fishing for sablefish if he retains at any

particular time during a trip sablefish caught using hook-and-line gear

in an amount equal to or greater than 4 percent of the total amount of

all other fish species retained at the same time by the vessel during

the same trip.

(B) In the Southeast Outside District of the Eastern Regulatory

Area during the time period from 12 noon Alaska local time (A.l.t.)

September 12, 1994 to 12 noon A.l.t. September 14, 1994, the operator

of a vessel is engaged in directed fishing for sablefish if he retains

at any particular time during a trip sablefish caught using hook-and-

line gear in an amount equal to or greater than 30 percent of the total

amount of all other fish species retained at the same time by the

vessel during the same trip.

(C) The Regional Director may increase, by publication of a

document in the Federal Register, the directed fishing standard for

sablefish for an area of the Gulf of Alaska for which directed fishing

for sablefish is closed, provided that:

(1) The increase would occur in a Gulf of Alaska regulatory area or

district and during a time that the International Pacific Halibut

Commission has authorized an opening for Pacific halibut, under 50 CFR

part 301;

(2) A sufficient amount of sablefish total allowable catch would

remain unharvested in the area to support an increased harvest of

sablefish consistent with any increase in the directed fishing standard

for this species; and

(3) The duration of the Pacific halibut fishery opening and the

anticipated fishing effort would not result in an overharvest of a

sablefish total allowable catch amount.

* * * * *

[FR Doc. 94-21472 Filed 8-26-94; 12:19 pm]

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