Groundfish of the Gulf of Alaska; Sablefish and Pacific Ocean Perch in the Eastern Regulatory Area

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 672

[Docket No. 950206041-5041-01; I.D. 101695A]

Groundfish of the Gulf of Alaska; Sablefish and Pacific Ocean

Perch in the Eastern Regulatory Area

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason adjustment, clarification of a closure, request for

comments.

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SUMMARY: NMFS is issuing an inseason adjustment prohibiting retention

of sablefish by vessels using trawl gear in the Southeast Outside

District of the Eastern Regulatory Area and clarifying that directed

fishing for Pacific ocean perch in the Eastern Regulatory Area in the

Gulf of Alaska (GOA) is prohibited. Action is necessary to reduce

bycatch of the shortraker/rougheye rockfish species group in the

Eastern Regulatory Area.

EFFECTIVE DATE: For the prohibition of retention of sablefish by

vessels using trawl gear in the Southeast Outside District: 12 noon,

Alaska local time (A.l.t.), October 17, 1995 until 12 midnight, A.l.t.

December 31, 1995. Comments must be received at the following address

no later than 4:30 p.m., A.l.t., November 1, 1995.

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, or be delivered to the fourth floor of the

Federal Building, 709 West 9th Street, Juneau, AK.

FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the GOA exclusive

economic zone is managed by NMFS according to the Fishery Management

Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North

Pacific Fishery Management Council under authority of the Magnuson

Fishery Conservation and Management Act. Fishing by U.S. vessels is

governed by regulations implementing the FMP at 50 CFR parts 620 and

672.

The acceptable biological catch for the shortraker/rougheye

rockfish species group in the GOA was established by the Final 1995

Harvest Specifications of Groundfish (60 FR 8470, February 14, 1995) as

1,910 metric tons (mt). NMFS has determined that as of September 30,

1995, 2,008 mt have been caught. The specified level of overfishing, as

defined in the FMP, for the shortraker/rougheye species group is 2,925

mt. Further unrestricted catches of the shortraker/rougheye species

group could result in overfishing.

Trawl vessels currently can retain sablefish in the Southeast

Outside District of the Eastern Regulatory Area. Species of the ``other

rockfish'' and pelagic shelf rockfish group are open to trawling in the

Southeast Outside District. Trawl effort that targets rockfish and

maximizes the bycatch of sablefish, a highly valuable species, will

incur significant incidental bycatch of shortraker/rougheye rockfish.

To prevent overfishing of the shortraker/rougheye rockfish species

group, the Director, Alaska Region, NMFS (Regional Director), has

determined in accordance with Sec. 672.22(a)(1)(i) and (a)(4), that

closing the season by prohibiting retention of sablefish by vessels

using trawl gear in the Southeast Outside District is necessary and is

the least restrictive measure to achieve that purpose and will allow

other fisheries to continue in noncritical areas and time periods.

Unless the retention of sablefish is prohibited, significant incidental

catch of the shortraker/rougheye rockfish species group would occur by

trawl vessels seeking to maximize retainable amounts of sablefish under

the standards for directed fishing at Sec. 672.20(g).

In accordance with Sec. 672.20(c)(1)(ii)(B), the annual total

allowable catch for Pacific ocean perch in the Eastern Regulatory Area

was established by the Final 1995 Harvest Specifications of Groundfish

(60 FR 8470, February 14, 1995) as 1,914 mt. NMFS determined that as of

September 30, 1995, 950 mt remained unharvested. Therefore, NMFS

announced that the previous closure would be modified in order to allow

directed fishing for Pacific ocean perch in the Eastern Regulatory Area

for a 48-hour period. The Regional Director intended to establish a

directed fishing allowance for Pacific ocean perch of 1,814 mt, with

consideration that 100 mt would be taken as incidental catch in

directed fishing for other species in this area. Unfortunately, because

of processing delays, the modification of the closure was never filed

with the Office of the Federal Register. In any case, based upon the

press release, directed fishing occurred and the Regional Director has

determined that the intended directed fishing allowance of 1,814 mt has

been

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reached. Consequently, NMFS is clarifying that directed fishing for

Pacific ocean perch in the Eastern Regulatory Area is prohibited and

that the maximum retainable bycatch amounts at Sec. 672.20(g), apply at

any time during a trip.

The Assistant Administrator for Fisheries, NOAA, finds for good

cause that providing prior notice and opportunity for public comment or

delaying the effective date of this action is impracticable and

contrary to the public interest. Without this inseason adjustment, NMFS

could not allow other fisheries to continue. Under Sec. 672.22(c)(2),

interested persons are invited to submit written comments on this

action to the above address until November 1, 1995.

All other closures remain in full force and effect.

Classification

This action is taken under 50 CFR 672.20 and is exempt from review

under E.O. 12866.

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

Dated: October 17, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries Conservation and Management,

National Marine Fisheries Service.

[FR Doc. 95-26008 Filed 10-17-95; 1:21 pm]

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