# Groundfish of the Gulf of Alaska

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-21472

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** August 31, 1994

## Text

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]
BILLING CODE 3510-22-W

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-21472. Public record. Not legal advice.