[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1165]
[[Page Unknown]]
[Federal Register: January 19, 1994]
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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