Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Interim 2005 Harvest Specifications for Groundfish

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 14, 2004 (Volume 69, Number 239)]
[Rules and Regulations]
[Page 74455-74460]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de04-20]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041202339-4339-01; I.D. 112204D]

Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Interim 2005 Harvest Specifications for Groundfish

AGENCY: National Marine Fisheries Service (NMFS); National Oceanic and
Atmospheric Administration (NOAA); Commerce.
ACTION: Temporary rule; interim specifications.

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SUMMARY: NMFS issues interim 2005 total allowable catch (TAC) amounts
for each category of groundfish, American Fisheries Act (AFA) sideboard
limits, and prohibited species catch (PSC) amounts for the groundfish
fishery of the Gulf of Alaska (GOA). The intended effect is to conserve
and manage the groundfish resources in the GOA.

DATES: The interim harvest specifications are effective from 0001 hrs,
Alaska local time (A.l.t.), January 1, 2005, until the effective date
of the final 2005 and 2006 harvest specifications for groundfish of the
GOA, which will be published in the Federal Register.

ADDRESSES: Copies of the Environmental Assessment (EA) prepared for
this action are available from the NMFS Alaska Region homepage at
http://www.fakr.noaa.gov. The final 2003 Stock Assessment and
Fishery Evaluation (SAFE) report, dated November 2003, is available from
the North Pacific Fishery Management Council, 605 West 4th Avenue, Suite
306, Anchorage, AK 99501-2252, telephone (907) 271-2809, or from its
homepage at http://www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-481-1780 or
tom.pearson@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

Federal regulations at 50 CFR part 679 implementing the Fishery
Management Plan (FMP) for Groundfish of the GOA govern the groundfish
fisheries in the GOA. The North Pacific Fishery Management Council
(Council) prepared the FMP, and NMFS approved it under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). General regulations that also pertain to the U.S.
fisheries appear at subpart H of 50 CFR part 600.

Proposed Steller Sea Lion Protection Measures Revisions

In June 2004, the Council unanimously recommended revisions to the
Steller sea lion protection measures in the GOA to alleviate some of
the economic burden on coastal communities while maintaining protection
for Steller sea lions and their critical habitat. These revisions would
adjust pollock and Pacific cod fishing closures near four Steller sea
lion haulouts and would revise seasonal management of pollock harvest.
NMFS concluded in an Endangered Species Act, section 7, informal
consultation, dated August 26, 2004, that fishing under the proposed
revisions is not likely to adversely affect Steller sea lions beyond
those effects already considered in the 2001 Biological Opinion on the
Steller sea lion protection measures and its June 19, 2003, supplement
(see ADDRESSES). To implement these provisions, NMFS published a
proposed rule on September 21, 2004 (69 FR 56384), inviting comments
through October 21, 2004. The final rulemaking is expected before the
beginning of the 2005 fishing year. If adopted, the pollock harvest
management revisions would affect the annual specifications by
extending the pollock A and C season dates from January 20 through
February 25 to January 20 through March 10 and by providing
clarification as to how the Regional Administrator would rollover under
harvested amounts of pollock between seasons.
The Council met in October 2004 to review scientific information
concerning groundfish stocks, including the 2003 SAFE report and the EA
(see ADDRESSES), and to recommend proposed 2005 and 2006
specifications. The Council recommended and NMFS proposed a total
acceptable biological catch (ABC) of 514,864 mt and a TAC of 264,265 mt
for the 2005 fishing year and a total ABC of 514,240 mt and a TAC of
253,867 mt for the 2006 fishing year. The proposed TAC amounts for each
species were based on the best available biological and socioeconomic
information.
Under Sec. 679.20(c)(1)(ii), NMFS published in the Federal
Register proposed harvest specifications for groundfish in the GOA for
the 2005 and 2006 fishing years (December 7, 2004; 69 FR 70605). That
document contains a detailed discussion of the proposed 2005 and 2006
TACs, groundfish reserves, apportionments of TAC, ABC amounts,
overfishing levels (OFLs), PSC amounts, and apportionments of the GOA
groundfish fishery.
This action provides interim harvest specifications and
apportionments for the 2005 fishing year that will become available on
January 1, 2005, and will remain in effect until superseded by the
final 2005 and 2006 harvest specifications. Background information
concerning the 2005 groundfish harvest specification process, upon
which this interim action is based, is provided in the above mentioned
proposed specification document.

Establishment of Interim TACs

Section 679.20(c)(2)(i) requires that one-fourth of each proposed
TAC and apportionment (not including the reserves and the first
seasonal allowance of pollock and Pacific cod) and one-fourth of the
halibut PSC amounts become effective at 0001 hours, A.l.t., January 1,
on an interim basis and remain in effect until superseded by the final
harvest specifications. As stated in the proposed specifications
(December 7, 2004; 69 FR 70605), no harvest of groundfish is authorized
before the effective date of this action implementing the interim
harvest specifications.
Section 679.20(a)(6)(i) and (ii) allocates 100 percent of the
pollock TAC to vessels catching pollock for processing by the inshore
component, 90 percent of the Pacific cod TAC to vessels catching
Pacific cod for processing by the inshore component,

[[Page 74456]]

and 10 percent to vessels catching Pacific cod for processing by the
offshore component.
The reserves for the GOA are 20 percent of the TAC amounts for
pollock, Pacific cod, flatfish species, and the ``other species''
category (Sec. 679.20(b)(2)). The GOA groundfish TAC amounts have been
utilized fully since 1987, and NMFS expects this trend to continue in
2005. Therefore, NMFS has proposed reapportioning all the reserves to
TAC. The interim TAC amounts contained in Table 1 reflect the
reapportionment of reserves to the TAC.

Interim 2005 Groundfish Harvest Specifications and Apportionments

Table 1 provides interim TAC amounts, the first seasonal allowance
of pollock in the combined Western and Central Regulatory Areas, the
first seasonal allowance of Pacific cod in the Western and Central
Regulatory Areas, interim TAC allocations of Pacific cod to the inshore
and offshore components, and interim sablefish TAC apportionments to
hook-and-line and trawl gear. These interim TAC amounts and
apportionments become effective at 0001 hours, A.l.t., January 1, 2005.

Table 1--Interim 2005 TAC Amounts of Groundfish for the Combined Western/
Central (W/C), Western (W), Central (C), and Eastern (E) Regulatory
Areas and in the West Yakutat (WYK), Southeast Outside (SEO), and
Gulfwide (GW) Districts of the Gulf of Alaska (GOA)\1,2\; the first
seasonal allowances of pollock in the Combined W/C Regulatory Areas; the
first seasonal allowances of Pacific cod; interim sablefish TAC
apportionments to hook-and-line (H/L) and trawl (TRW) gear
(Interim TAC amounts have been rounded to nearest mt)

Species Area Interim TAC (mt)

Pollock\3,4\ W (610) 3,747
C (620) 9,027
C (630) 3,091
Subtotal W/C 15,865
WYK (640) 320
SEO (650) 1,630
Total ................ 17,815
................ ................
Pacific cod\5\ Inshore W 8,588
Offshore W 954
Inshore C 13,733
Offshore C 1,526
Inshore E 835
Offshore E 93
Total ................ 25,729
................ ................
Flatfish, Deep-water\6\ W 78
C 743
WYK 470
SEO 228
Total ................ 1,519
................ ................
Rex sole W 420
C 1,835
WYK 335
SEO 573
Total ................ 3,163
................ ................
Flathead sole W 500
C 1,250
WYK 748
SEO 98
Total ................ 2,596
................ ................
Flatfish, Shallow-water\7\ W 1,125
C 3,250
WYK 508
SEO 302
Total ................ 5,185
................ ................
Arrowtooth flounder W 2,000
C 6,250
WYK 625
SEO 625
Total ................ 9,500
................ ................
Sablefish\8,9,10\ H/L W N/A (482)
TRW W 121
H/L C N/A (1,179)
TRW C 295
TRW WYK 64
H/L WYK N/A (446)
H/L SEO N/A (761)
Total ................ 3,346
................ ................
Pacific ocean perch\11\ W 622
C 2,063
WYK 201
SEO 389
Total ................ 3,275
................ ................
Shortraker/rougheye\12\ W 64
C 164
E 102
Total ................ 330
................ ................
Rockfish, northern\13\ W 183
C 968
E N/A
Total ................ 1,150
................ ................
Rockfish, other\14,15\ W 10
C 75
WYK 33
SEO 50
Total ................ 268
................ ................
Rockfish, pelagic shelf\16\ W 92
C 753
WYK 53
SEO 220
Total ................ 1,118
................ ................
Rockfish, demersal shelf SEO\17\ SEO 113
................ ................
Thornyhead rockfish W 102
C 253
E 130
Total ................ 485
................ ................
Big and longnose\18\ Skates C 821
Other Skates\19\ GW 927
Total ................ 1,748
................ ................
Atka mackerel GW 150
................ ................

[[Page 74457]]

Other species\20\ ................ 3,146
................ ................
GOA Total Interim TAC ................ 80,532
................ ................

\1\Reserves have been reapportioned back to each species TAC and are
reflected in the interim TAC amounts. (See Sec. 679.20(a)(2)).
\2\See Sec. 679.2 for definitions of regulatory area and statistical
area. See Figure 3b to part 679 for a description of regulatory
districts.
\3\The first seasonal allowance of pollock TAC in the W/C combined area
is set at 25% of the annual TAC for the area which is 15,865 mt.
Within the W/C area pollock is apportioned between Statistical Areas
610, 620, and 630 based an adjusted estimate of the relative
distribution of pollock biomass in the area which is approximately
23.63% in Area 610 (3,747 mt), 56.9% in Area 620 (9,027 mt), and
19.48% in Area 630 (3,091 mt). In the Eastern Regulatory Area, pollock
is not divided into less than annual allowances, and one-fourth of the
TAC is available on an interim basis.
\4\The pollock TAC in all regulatory areas will be allocated 100 percent
to vessels catching groundfish for processing by the inshore component
after subtraction of amounts that are determined by the Regional
Administrator, NMFS, to be necessary to support the bycatch needs of
the offshore component in directed fisheries for other groundfish
species. At this time, these bycatch amounts are unknown and will be
determined during the fishing year. (See Sec. 679.20(a)(6)(ii).)
\5\The Pacific cod TAC in all regulatory areas is allocated 90 percent
to vessels catching groundfish for processing by the inshore component
and 10 percent to vessels catching groundfish for processing by the
offshore component (See Sec. 679.20(a)(6)(iii)). The first seasonal
apportionment of Pacific cod in the GOA is 60% of the annual TAC.
\6\``Deep-water flatfish'' means Dover sole, Greenland turbot and
deepsea sole.
\7\``Shallow-water flatfish'' means flatfish not including ``deep-water
flatfish'', flathead sole, rex sole, or arrowtooth flounder.
\8\Sablefish TAC amounts for each of the regulatory areas and districts
are assigned to hook-and-line and trawl gear. In the Central and
Western Regulatory Areas, 80 percent of the TAC is allocated to hook-
and-line gear and 20 percent to trawl gear. In the Eastern Regulatory
Area, 95 percent of the TAC is assigned to hook-and-line gear. Five
percent is allocated to trawl gear and may only be used as bycatch to
support directed fisheries for other target species. (See Sec.
679.20(a)(4).)
\9\The sablefish hook-and-line gear fishery is managed under the
Individual Fishing Quota (IFQ) program and is subject to regulations
contained in subpart D of 50 CFR part 679. Annual IFQ amounts are
based on the final TAC amount specified for the sablefish hook-and-
line gear fishery as contained in the final specifications for
groundfish. Under Sec. 679.7(f)(3), retention of sablefish caught
with hook-and-line gear is prohibited unless the harvest is authorized
under a valid IFQ permit and IFQ card. In 2005, IFQ permits and IFQ
cards will not be valid prior to the effective date of the 2005 final
specifications. Thus, fishing for sablefish with hook-and-line gear
will not be authorized under these interim harvest specifications.
Nonetheless, interim amounts are shown in parentheses to reflect
assignments of one-fourth of the proposed TAC amounts among gear
categories and regulatory areas in accordance with Sec.
679.20(c)(2)(i). See Sec. 679.40 for guidance on the annual
allocation of IFQ.
\10\Sablefish caught in the GOA with gear other than hook-and-line or
trawl gear must be treated as prohibited species and may not be retained.
\11\``Pacific ocean perch'' means Sebastes alutus.
\12\``Shortraker/rougheye rockfish'' means Sebastes borealis
(shortraker) and S. aleutianus (rougheye).
\13\``Northern rockfish'' means Sebastes polyspinis.
\14\``Other rockfish'' in the Western and Central Regulatory Areas and
in the West Yakutat District means slope rockfish and demersal shelf
rockfish. The category ``other rockfish'' in the Southeast Outside
District means slope rockfish.
\15\``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus
(blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S.
crameri (darkblotch), S. elongatus (greenstriped), S. variegateus
(harlequin), S. wilsoni (pygmy), S. proriger (redstripe), S. zacentrus
(sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S.
diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. babcocki (redbanded), and S. reedi (yellowmouth).
\16\``Pelagic shelf rockfish'' includes Sebastes ciliatus (dusky), S.
entomelas (widow), and S. flavidus (yellowtail). ``Offshore Pelagic
shelf rockfish'' includes S. ciliatus (dusky), S. entomelas (widow),
and S. flavidus (yellowtail).
\17\``Demersal shelf rockfish'' means Sebastes pinniger (canary), S.
nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus
(yelloweye).
\18\Big skate means ``Raja binoculata'' and longnose skates means ``Raja
rhina''.
\19\Other skates mean big and longnose skates in the W and E GOA and
``Bathyraja'' spp. Gulfwide.
\20\``Other species'' includes sculpins, sharks, squid, and octopus. The
TAC for ``other species'' equals 5 percent of the TAC amounts of
target species.

Interim 2005 Halibut PSC Limits

Under Sec. 679.21(d), annual halibut PSC limits are established
for trawl and hook-and-line gear and may be established for pot gear.
The Council recommended and NMFS proposed to reestablish the 2004
halibut mortality limits for 2005 because no new information was
available. Consistent with 2004, the Council recommended and NMFS
proposed exemptions for pot gear, jig gear, and the sablefish hook-and-
line fishery from halibut PSC limits for 2005. The fishery specific
interim PSC allowances for halibut are in effect at 0001 hours, A.l.t.,
January 1, 2005, and remain in effect until superseded by the final
2005 harvest specifications. The interim halibut PSC limits are (1) 500
mt to trawl gear, (2) 72.5 mt to hook-and-line gear for fisheries other
than demersal shelf rockfish, and (3) 2.5 mt to hook-and-line gear for
the demersal shelf rockfish fishery in the Southeast Outside District.
Section 679.21(d)(3)(iii) authorizes apportionments of the trawl
halibut PSC limit as bycatch allowances to a deep-water species
complex, comprised of rex sole, sablefish, rockfish, deep-water
flatfish, and arrowtooth flounder, and a shallow-water species complex,
comprised of pollock, Pacific cod, shallow-water flatfish, flathead
sole, Atka mackerel, skates, and ``other species.'' The interim 2005
apportionment for the shallow-water species complex is 409 mt, and for
the deep-water species complex is 91 mt.

Interim 2005 Non-exempt American Fisheries Act (AFA) Catcher Vessel
Groundfish and PSC Sideboard Limits

Section 679.64 established groundfish harvesting and processing
sideboard limits on AFA catcher/processors and catcher vessels in the
GOA. These sideboard limits are necessary to protect the interests of
fishermen and processors who do not directly benefit from the AFA from
fishermen and processors who have received exclusive harvesting and
processing privileges under the AFA. In the GOA, listed AFA catcher/
processors are prohibited from fishing for any species of fish (Sec.
679.7(k)(1)(ii)) and from processing any groundfish harvested in
Statistical Area 630 of the GOA (Sec. 679.7(k)(1)(iv)). The Council
recommended and NMFS concurs that certain AFA catcher vessels in the
GOA be exempt from groundfish sideboard limits. Section
679.64(b)(2)(ii) exempts AFA catcher vessels in the GOA less than 125
ft (38.1 m) length overall (LOA) whose annual Bering Sea and Aleutian
Islands management area pollock landings totaled less than 5,100

[[Page 74458]]

mt and that made 40 or more GOA groundfish landings from 1995 through
1997.
For non-exempt AFA catcher vessels in the GOA, sideboard limits are
based upon their traditional harvest levels of TAC in groundfish
fisheries covered by the GOA FMP. Section 679.64(b)(3)(iii) establishes
the groundfish sideboard limits in the GOA based on the retained catch
of non-exempt AFA catcher vessels of each sideboard species from 1995
through 1997 divided by the TAC for that species over the same period.
These amounts are listed in Table 2. All catch of sideboard species
made by non-exempt AFA catcher vessels, whether as targeted catch or as
incidental catch, will be deducted from the sideboard limits in Table 2.

Table 2--Interim 2005 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Harvest Sideboard
Limits
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
Apportionments and 1997 non-exempt 2005 Non-Exempt
Species allocations by area/ AFA CV catch to 2005 Interim AFA Catcher
season/ processor/ 1995-1997 TAC TAC (mt) vessel sideboard
gear limit (mt)
----------------------------------------------------------------------------------------------------------------
Pollock Shumagin (610) 0.6112 2,290
Chirikof (620) 0.1427 9,027 1,288
Kodiak (630) 0.2438 3,091 754
WYK (640) 0.3499 320 112
SEO (650) 0.3499 1,630 570
..................... ................ ............... ................
Pacific cod W inshore 0.1423 8,588 1,222
W offshore 0.1026 954 98
C inshore 0.0722 13,733 992
C offshore 0.0721 1,526 110
E inshore 0.0079 835 7
E offshore 0.0078 93 1
..................... ................ ............... ................
Flatfish deep-water W 0 78 0
C 0.067 743 50
E 0.0171 699 12
..................... ................ ............... ................
Rex sole W 0.001 420 0
C 0.0402 1,835 74
E 0.0153 908 14
..................... ................ ............... ................
Flathead sole W 0.0036 500 2
C 0.0261 1,250 33
E 0.0048 846 4
..................... ................ ............... ................
Flatfish shallow-water W 0.0156 1,125 18
C 0.0598 3,250 194
E 0.0126 810 10
..................... ................ ............... ................
Arrowtooth flounder W 0.0021 2,000 4
C 0.0309 6,250 193
E 0.002 1,250 2
..................... ................ ............... ................
Sablefish W trawl gear 0 121 0
C trawl gear 0.072 295 21
WYK trawl gear 0.0488 64 3
..................... ................ ............... ................
Pacific ocean perch W 0.0623 622 39
C 0.0866 2,063 179
E 0.0466 590 27
..................... ................ ............... ................
Shortraker/Rougheye W 0 64 0
C 0.0237 164 4
E 0.0124 102 1
..................... ................ ............... ................
Other rockfish W 0.0034 10 0
C 0.2065 75 15
E 0 83 0
..................... ................ ............... ................
Northern rockfish W 0.0003 183 0
C 0.0366 968 35
..................... ................ ............... ................
Pelagic shelf rockfish W 0.0001 92 0
C 0 753 0
E 0.0067 273 2
..................... ................ ............... ................
Thornyhead rockfish W 0.0308 102 3
C 0.0308 253 8
E 0.0308 130 4
..................... ................ ............... ................

[[Page 74459]]

Demersal shelf rockfish SEO 0.002 113 0
..................... ................ ............... ................
Big and longnose skates C 0.009 821 7
..................... ................ ............... ................
Other skates Gulfwide 0.009 927 8
..................... ................ ............... ................
Atka mackerel Gulfwide 0.0309 150 5
..................... ................ ............... ................
Other species Gulfwide 0.009 3,146 28
----------------------------------------------------------------------------------------------------------------

In accordance with Sec. 679.64(b)(4), PSC bycatch limits for the
non-exempt AFA catcher vessels in the GOA are based on the ratio of
aggregate retained groundfish catch by non-exempt AFA catcher vessels
in each PSC target category from 1995 through 1997, relative to the
retained catch of all vessels in that fishery from 1995 through 1997.
These amounts are shown in Table 3.

Table 3--Interim 2005 Non-Exempt American Fisheries Act Catcher Vessel
Prohibited Species Catch (PSC) Sideboard Limits for the GOA.
(Values are in mt)
------------------------------------------------------------------------
Ratio of
1995-1997 2005 non-
non-exempt exempt
AFA CV 2005 AFA
PSC species Target retained Interim catcher
fishery catch to PSC vessel
total limit PSC
retained limit
catch
------------------------------------------------------------------------
Halibut (mortality in mt) shallow 0.340 409 139
water
targets
------------------------------------------
deep 0.070 91 6
water
targets
------------------------------------------------------------------------

Directed Fishing Closures

In accordance with Sec. 679.20(d)(1)(i), if the Regional
Administrator determines that any allocation or apportionment of a
target species or ``other species'' category apportioned to a fishery
or, with respect to pollock and Pacific cod, to an inshore or offshore
component allocation will be reached, the Regional Administrator may
establish a directed fishing allowance for that species or species
group. If the Regional Administrator establishes a directed fishing
allowance and that allowance is or will be reached before the end of
the fishing year, NMFS will prohibit directed fishing for that species
or species group in the specified GOA regulatory area or district
(Sec. 679.20(d)(1)(iii)).
The Regional Administrator has determined that the following TAC
amounts in Table 4 are necessary as incidental catch to support other
anticipated groundfish fisheries for the 2005 fishing year.

Table 4--Incidental Catch Needed to Support Other Directed Fisheries in
the GOA in 2005
(Amounts are in mt)
------------------------------------------------------------------------
Regulatory Gear/
Target Area Component Amount
------------------------------------------------------------------------
Atka mackerel entire GOA all 150
............. ............ .........
Thornyhead rockfish entire GOA all 485
............. ............ .........
Shortraker/Rougheye rockfish entire GOA all 330
............. ............ .........
Other rockfish entire GOA all 168
............. ............ .........
Sablefish entire GOA trawl 480
............. ............ .........
Pollock entire GOA all/offshore 0
------------------------------------------------------------------------

In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator establishes the directed fishing allowances for the above
species or species groups as zero. Therefore, in accordance with Sec.
679.20(d)(1)(iii), NMFS is immediately prohibiting directed fishing for
those species, areas, gear types, and components listed in Table 4.
These closures will remain in effect until superceded by the final 2005
harvest specifications.
Section 679.64(b)(5) provides for management of AFA catcher vessel
groundfish harvest limits and PSC bycatch limits using directed fishing
closures and PSC closures according to procedures set out at Sec. Sec.
679.20(d)(1)(iv), 679.21(d)(8), and 679.21(e)(3)(v). The Regional
Administrator has determined that, in addition to the closures listed
above, many of the non-exempt AFA catcher vessel sideboard limits
listed in Table 2 are necessary as incidental catch to support other
anticipated groundfish fisheries for the 2005 fishing year. In
accordance with Sec. 679.20(d)(1)(iv), the Regional Administrator
establishes these amounts as directed fishing allowances. The Regional
Administrator finds that many of these directed fishing allowances will
be reached before the end of the year. Therefore, in accordance with
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing by non-
exempt AFA catcher vessels in the GOA for the species and specified
areas in Table 5. These closures will remain in effect until superceded
by the final 2005 harvest specifications.

[[Page 74460]]

Table 5--2005 Non-Exempt American Fisheries Act Catcher Vessel Sideboard
Limit Directed Fishing Closures in the GOA
------------------------------------------------------------------------
Regulatory Area/
Species District Gear
------------------------------------------------------------------------
Pacific cod Eastern GOA all
................... ............
Deep-water flatfish Western and Eastern all
GOA
................... ............
Rex sole Western and Eastern all
GOA
................... ............
Flathead sole Eastern GOA all
................... ............
Shallow-water flatfish Eastern GOA all
................... ............
Arrowtooth flounder Eastern GOA all
................... ............
Pacific Ocean perch Western GOA all
................... ............
Northern rockfish Western GOA all
................... ............
Pelagic shelf rockfish entire GOA all
................... ............
Demersal shelf rockfish SEO District all
................... ............
Other species entire GOA all
................... ............
------------------------------------------------------------------------

Classification

This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
Because this action is a final action by NMFS, analyses required
under the Magnuson-Stevens Act must be completed and considered by the
agency prior to promulgation of the interim harvest specifications.
Section 679.20(c)(2) requires NMFS to specify harvest
specifications to be effective January 1 and to remain in effect until
superceded by the final specifications. Without interim harvest
specifications in effect on January 1, the groundfish fisheries would
not be able to open, resulting in disruption within the fishing
industry. NMFS cannot publish interim harvest specifications until
proposed specifications are completed because the interim harvest
specifications are derived from the proposed specifications, as
required by Sec. 679.20(c)(2).
The proposed specifications are based on the preliminary
recommendations of the Plan Team, which were reviewed by the Scientific
and Statistical Committee and Council in October 2004, in projecting
2005 biomass amounts, as identified in the 2003 SAFE report, for the
proposed 2005 and 2006 ABC, overfishing levels, and TAC amounts. The
Plan Team recommendations incorporate the most current data available
from a number of sources, including current-year industry catch levels,
and current-year trawl and hydro-acoustic surveys. These data are not
available in time for Council review prior to the October Council
meeting, as the surveys are conducted during the summer months, and
industry catch levels reflect current year activity. These updated data
sources represent the best available scientific information. These data
provide the basis for the proposed and interim harvest specifications.
The proposed specifications, as required by Sec.
679.20(c)(1)(i)(A), must be published as soon as practicable after
consultation with the Council, which occurs at the Council's October
meeting. Because the interim harvest specifications are derived from
the proposed specifications, the proposed specifications publication
requirement, along with the requirement of National Standard 2 of the
Magnuson-Stevens Act to use the best scientific information available,
prevents NMFS from publishing the interim harvest specifications in
sufficient time to have a public comment period and to have the interim
harvest specifications effective on January 1.
As stated above, disruption of the fishing industry and consequent
impacts to fishing communities and to the public would occur if the
interim harvest specifications were not effective January 1.
Additionally, the public is provided an opportunity to comment on the
proposed specifications, from which these interim harvest
specifications are derived. For these reasons, good cause exists under
5 U.S.C. 553(b)(B) to waive prior notice and opportunity for public
comment on this action as such procedures would be impracticable and
contrary to the public interest.
Likewise, the Assistant Administrator finds good cause to waive the
30-day delay in effectiveness date of the interim harvest
specifications. Section 679.20(c)(2) requires NMFS to establish interim
harvest specifications to be effective on January 1 and to remain in
effect until superceded by the publication of final harvest
specifications by the office of the Federal Register. NMFS interprets
Sec. 679.20(c)(2) as requiring the filing of interim harvest
specifications with the Office of the Federal Register before any
harvest of groundfish is authorized. The interim harvest specifications
are based on the proposed 2005 specifications.
The interim harvest specifications rely on data used to propose the
2005 specifications, and those data are not available until after the
summer surveys are conducted (see above). Without interim harvest
specifications in effect on January 1, the groundfish fisheries would
not be able to open on that date, resulting in disruption of the
fishing industry. These reasons constitute good cause pursuant to
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness date.
Because these interim harvest specifications are not required to be
issued with prior notice and opportunity for comment pursuant to 5
U.S.C. 553, or any other law, the analytical requirements of the
Regulatory Flexibility Act do not apply. Consequently, no regulatory
flexibility analysis has been prepared for this action.

Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et
seq.; 16 U.S.C. 1540(f); Pub. L. 105 277, Title II of Division C;
Pub L. 106 31, Sec. 3027; Pub L. 106 554, Sec. 209; and Pub. L. 108-
199, Sec. 803.

Dated: December 7, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 04-27367 Filed 12-13-04; 8:45 am]
BILLING CODE 3510-22-S

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Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Interim 2005 Harvest Specifications for Groundfish

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