[Federal Register Volume 64, Number 14 (Friday, January 22, 1999)]
[Rules and Regulations]
[Pages 3437-3446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1378]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 990115017-9017-01; I.D. 011199A]
RIN 0648-AM08
Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea
Lion Protection Measures for the Pollock Fisheries Off Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; revision to 1999 interim harvest
specifications; technical amendment to Steller sea lion no-trawl zones;
request for comments.
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SUMMARY: NMFS issues an emergency interim rule implementing reasonable
and prudent alternatives to avoid the likelihood that the pollock
fisheries off Alaska will jeopardize the continued existence of the
western population of Steller sea lions or adversely modify their
critical habitat. This emergency rule would implement three types of
management measures for the pollock fisheries of the Bering Sea and
Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA):
Measures to temporally disperse fishing effort, measures to spatially
disperse fishing effort, and pollock trawl exclusion zones around
important Steller sea lion rookeries and haulouts. These emergency
measures are necessary and must be effective before the start of the
BSAI and GOA pollock fisheries on January 20, 1999, or NMFS will be
obligated under the Endangered Species Act to close all fishing for
pollock until such measures are in place.
DATES: Effective January 20, 1999, through July 19, 1999. Comments must
be received by February 22, 1999.
ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to
the Federal Building, 709 West 9th Street, Juneau, AK. Copies of the
Biological Opinion
[[Page 3438]]
(BO) on the pollock fisheries of the BSAI and GOA and the Atka mackerel
fishery of the Aleutian Islands Subarea, and the Environmental
Assessment/Regulatory Impact Review (EA/RIR) prepared for the emergency
rule may be obtained from the same address. The BO is also available on
the Alaska Region home page at http://www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone off Alaska under the Fishery Management Plan
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area
and the Fishery Management Plan for Groundfish of the Gulf of Alaska
(FMPs). The North Pacific Fishery Management Council (Council) prepared
the FMPs under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801,
et seq., implemented by regulations appearing at 50 CFR part 679.
Regulations governing U.S. fisheries and implementing the FMPs appear
at 50 CFR parts 600 and 679 respectively.
Purpose and Need for Action
NMFS issued a BO dated December 3, 1998, and revised December 16,
1998, on the pollock fisheries of the BSAI and GOA and the Atka
mackerel fishery of the Aleutian Islands Subarea. The BO concluded that
the BSAI and GOA pollock trawl fisheries, as currently managed, are
likely to (1) jeopardize the continued existence of the western
population of Steller sea lions and (2) adversely modify its critical
habitat. The clause ``jeopardize the continued existence of'' means
``to engage in an action that reasonably would be expected, directly or
indirectly, to reduce appreciably the likelihood of both the survival
and recovery of a listed species in the wild by reducing the
reproduction, numbers, or distribution of that species'' (50 CFR
402.02). The clause ``adversely modify its critical habitat'' means ``a
direct or indirect alteration that appreciably diminishes the value of
critical habitat for both the survival and recovery of a listed
species. Such alterations include, but are not limited to, alterations
adversely modifying any of those physical or biological features that
were the basis for determining the habitat to be critical'' (50 CFR
402.02). The BO also concluded that the Atka mackerel fishery, as
modified by recent regulatory changes, is not likely to jeopardize the
continued existence of Steller sea lions or their critical habitat.
In 1990, NMFS designated the Steller sea lion as a threatened
species under the Endangered Species Act of 1973. The designation
followed severe declines throughout much of the GOA and Aleutian
Islands region. In 1993, NMFS defined critical habitat for the species
to include (among other areas), the marine areas within 20 nautical
miles (nm) of major rookeries and haulouts of the species west of
144 deg. W longitude. In 1997, NMFS recognized two separate
populations, and reclassified the western population (west of 144 deg.
W longitude) as endangered. Counts of adults and juveniles in the
western population of Steller sea lions declined from about 110,000 to
about 30,500 between the late 1970s and 1990, a decline of 72 percent.
The decline has continued, with counts of adults and juveniles
declining 27 percent from 1990 to 1996, and an additional 9 percent
from 1996 through 1998. Similarly, counts of pups dropped by 19 percent
from 1994 through 1998. The absolute magnitude of the decline has been
smaller in recent years because the western population is already at a
severely reduced level. However, the continued decline remains a
serious problem.
Multiple factors have contributed to the decline, but considerable
evidence indicates that lack of available prey is a major problem.
Foraging studies confirm that Steller sea lions depend on pollock as a
major prey source, and sea lions may be particularly sensitive to the
availability of prey during the winter. The significance of pollock in
the diet of sea lions may have increased since the 1970s due to shifts
in the Bering Sea ecosystem related to oceanographic changes. Pollock
are also the target of the largest commercial fisheries in Alaska,
fisheries that have grown increasingly concentrated in time and space.
This concentration of effort occurs largely in areas designated as
Steller sea lion critical habitat and may reduce prey availability at
critical times in the life history of sea lions. For these reasons, the
BO concluded that the pollock fisheries of the BSAI and GOA may compete
with sea lions and either contribute to their decline or impede their
recovery. Additional information on Steller sea lions and the pollock
fisheries of the BSAI and GOA is contained in the BO and in the EA
prepared for this action (See ADDRESSES).
The BO concluded that, to avoid the likelihood of jeopardizing the
continued existence of the western population of Steller sea lions or
of adversely modifying its critical habitat, reasonable and prudent
alternatives to the existing pollock trawl fisheries in the BSAI and
GOA must accomplish three basic principles: (1) Temporal dispersion of
fishing effort, (2) spatial dispersion of fishing effort, and (3)
pollock trawl exclusion zones around Steller sea lion rookeries and
haulouts. The BO also contained examples of specific management
measures that would implement the three basic principles.
At its December, 1998 meeting, the Council deliberated on various
management measures to implement the principles described in the BO.
After significant debate and public comment, the Council voted to adopt
a series of emergency measures to protect Steller sea lions. After
review, NMFS has determined that the Council's recommended measures,
with certain modifications, adhere to the principles identified in the
BO. The Council's motion forms the basis for the management measures
contained in this emergency rule.
Elements of the Emergency Rule
Aleutian Islands Closure
The emergency rule closes the Aleutian Islands Subarea to directed
fishing for pollock. This closure, recommended by the Council as part
of its emergency rule recommendation, is consistent with the principles
contained within the BO. In light of its recommendation to close the
Aleutian Islands Subarea to directed fishing for pollock, the Council
also recommended that the pollock total allowable catch (TAC) for the
Aleutian Islands Subarea be reduced to 2,000 metric tons (mt) to
provide for incidental catch of pollock by vessels participating in
other groundfish fisheries. This TAC recommendation, if approved by
NMFS, will be published in the final 1999 BSAI harvest specifications.
Pollock Trawl Exclusion Zones
This emergency rule prohibits directed fishing for pollock within
either 10 or 20 nm of rookeries and haulouts in the Bering Sea Subarea
and GOA. The location, size, and period of each exclusion zone are set
out in the Tables 12 and 13 of 50 CFR part 679 of the codified text.
The size of the exclusion zones in each area reflects the relative
widths of the continental shelf. In the Bering Sea Subarea, the shelf
is relatively wide and exclusion zones have radii of 20 nm. In the GOA,
the shelf is narrower and exclusion zones have radii of 10 nm.
NMFS approved these sites on the basis of ten Steller sea lion
counts
[[Page 3439]]
conducted since 1979 during the reproductive season (summer) and non-
reproductive season (winter). NMFS used the following criteria to
identify and approve sites that require exclusion zones and to
determine the period of the closure:
1. Rookeries
All rookery sites have 10 or 20 nm year-round pollock trawl
exclusion zones.
2. Summer Haulouts
Haulouts with greater than 200 sea lions in a summer survey since
1979 and less than 75 sea lions in winter surveys since 1979 have 10 or
20 nm pollock trawl exclusion zones effective May 1 through October 31.
3. Winter Haulouts
Haulouts with less than 200 sea lions in summer surveys since 1979
and greater than 75 sea lions in a winter survey since 1979 have 10 or
20 nm pollock trawl exclusion zones effective November 1 through April
31.
4. Year-Round Haulouts
Haulouts with greater than 200 sea lions in a summer survey since
1979 and greater than 75 sea lions in a winter survey since 1979 have
year-round 10 or 20 nm pollock trawl exclusion zones.
The Council's emergency rule recommendations contained all of the
pollock exclusion zones put forth by NMFS in the BO with one exception
in the Bering Sea Subarea and eight exceptions in the GOA.
In the Bering Sea Subarea, the Council recommended no closure for a
proposed 20 nm exclusion zone around the Cape Sarichef haulout. The BO
states that ``some of the principles identified above may be
accomplished by an incremental or phased approach if the incremental
approach does not jeopardize the continued existence of the western
population of Steller sea lions. The phase in of any reasonable and
prudent alternative must not be drawn out, and two years is a general
guideline with a significant portion occurring in year one.''
Consistent with the BO, and based on the above criteria, NMFS has
decided to phase in the exclusion zone around this haulout with a 10 nm
exclusion zone in 1999 and anticipates extending the exclusion zone to
20 nm for 2000 and beyond.
In the GOA, the Council recommended no closures around Cape
Barnabas, Gull Point, Rugged Island, Point Elrington, Cape Ikolik,
Needles, Mitrofania, and Sea Lion Rocks. Based on the above criteria,
NMFS has decided to implement a 1 year phase-in period for these
locations. For 1999, NMFS has decided not to implement exclusion zones
at these locations, and anticipates phasing-in 10 nm exclusion zones
for 2000 and beyond. The extension of exclusion zones for Cape Sarichef
and the eight locations in the GOA would be accomplished through
separate rulemaking.
Although the Council's recommended measures included pollock trawl
exclusion zones in the Aleutian Islands Subarea, implementation of
these exclusion zones becomes unnecessary with the closure of the
Subarea to directed fishing for pollock. This emergency rule does not
affect existing no-trawl and no-entry zones that apply to all
groundfish fisheries. The new exclusion zones established by this
emergency rule prohibit directed fishing for pollock only.
Bering Sea Management Measures
1. Fishing Seasons
This emergency rule establishes new fishing seasons for the four
sectors of the Bering Sea pollock fishery that are defined in the
American Fisheries Act (AFA). These new fishing seasons are summarized
in Table 1. This emergency rule also repeals existing fair start
provisions that required vessels fishing for pollock in the Bering Sea
Subarea to cease fishing for groundfish during the week leading up to
each pollock season or face a mandatory stand down period during the
first week of the pollock season. The Council has determined that these
fair start requirements are no longer necessary given the protections
for other fisheries that are contained within the AFA.
Table 1.--BSAI Pollock Fishing Seasons by Sector
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Industry sector
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Fishing season \1\ Community
Inshore and catcher/ Mothership development quota
processor (CDQ)
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A1 Season..................................... Jan. 20-Feb. 15..... Feb. 1-April 15..... Jan. 20-April 15.
A2 Season..................................... Feb. 20-April 15.... Feb. 1-April 15..... Jan. 20-April 15.
B Season...................................... Aug. 1-Sept. 15..... Aug. 1-Sept. 15..... April. 15-Dec. 31.
C Season...................................... Sept. 15-Nov. 1..... Sept. 15-Nov. 11.... April 15-Dec. 31.
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\1\ The time of all openings and closures of fishing seasons, other than the beginning and end of the calendar
fishing year, is 1200 hours, Alaska local time (A.l.t.).
2. Seasonal Apportionment of TAC
The pollock TAC allocated to each industry sector will be
apportioned to the fishing seasons previously identified according to
the following formula set out in Table 2. Overages and underages may be
``rolled over'' to subsequent fishing seasons during the same year,
except that the combined fishing activities of all sectors during a
fishing season may not exceed 30 percent of the annual TAC.
Table 2.--BSAI Seasonal Apportionments of Pollock TAC
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Industry Sector (in percent)
--------------------------------------------------
Fishing Season Inshore and
Catcher/ Mothership CDQ
processor
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A1 Season.................................................... 27.5 40 45
A2 Season.................................................... 12.5 40 45
B Season..................................................... 30 30 55
[[Page 3440]]
C Season..................................................... 30 30 55
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3. Critical Habitat/Catcher Vessel Operational Area (CH/CVOA)
Conservation Zone
This emergency rule establishes a combined CH/CVOA conservation
zone for the purpose of regulating total removals of pollock. This CH/
CVOA conservation zone includes the portion of Bering Sea critical
habitat known as the Bogoslof foraging area and the portion of the CVOA
that extends eastward from the Bogoslof foraging area. The CH/CVOA
conservation zone consists of the area of the Bering Sea Subarea
between 170 deg.00' W long. and 163 deg.00' W long., south of straight
lines connecting the following points in the order listed:
55 deg.00' N lat. 170 deg.00' W long.;
55 deg.00' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 166 deg.00' W long.;
56 deg.00' N lat. 166 deg.00' W long.;
56 deg.00' N lat. 163 deg.00' W long.
This emergency rule restricts pollock harvests within the CH/CVOA
conservation zone during the A1 and A2 seasons to a percentage of each
sector's seasonal TAC apportionment according to the percentages
displayed in Table 3.
Table 3.--TAC Limits Within the CH/CVOA Conservation Zone
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Industry sector (in percent)
-------------------------------------------------------
Fishing season Catcher/
Inshore processor Mothership CDQ
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A1 Season............................................... 70 40 50 100
A2 Season............................................... 70 40 50 100
B Season................................................ [reserved]
C Season................................................ [reserved]
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NMFS will monitor catch by each industry sector and close the CH/
CVOA conservation zone to directed fishing for pollock by sector when
NMFS determines that the specified CH/CVOA limit has been reached. The
Council intended that inshore catcher vessels less than or equal to 99
ft (30.2 m) length overall (LOA) would be exempt from CH/CVOA closures
from September 1 through March 31 unless the 70 percent cap for the
inshore sector has been reached. NMFS will announce the closure of the
CH/CVOA conservation zone to catcher vessels over 99 ft (30.2 m) LOA
before the inshore sector 70 percent limit is reached. NMFS will
implement the closure in a manner intended to leave remaining quota
within the CH/CVOA that is sufficient to support directed fishing for
pollock by vessels less than or equal to 99 ft (30.2 m) LOA for the
duration of the current inshore sector opening.
An emergency rule implemented pursuant to the Magnuson-Stevens Act
must not remain in effect for more than 180 days. This emergency rule
will expire on July 19, 1999, and does not specify a spatial
distribution of pollock TAC for the B and C seasons in the Bering Sea
Subarea. NMFS has determined that the spatial dispersion scheme
recommended by the Council for the B and C seasons does not adequately
meet the principles for reasonable and prudent alternatives outlined in
the BO. If the Council submits revised recommendations in a timely
manner, NMFS will consider implementing them. In the absence of further
recommendations by the Council that provide protections equivalent to
or exceeding the principles contained in the BO, NMFS anticipates
implementing through subsequent emergency rule the B and C season
spatial allocation scheme contained in the BO. Under this scheme, the B
and C season TAC allocations would be apportioned among the following
three areas based on distribution of exploitable biomass as determined
by summer surveys: (1) CH/CVOA conservation zone, (2) east of 170 deg.
W long. and outside of the CH/CVOA conservation zone, and (3) west of
170 deg. W long. and north of 56 deg. N lat.
Gulf of Alaska Management Measures
1. Fishing Seasons and TAC Apportionments
This emergency rule establishes new fishing seasons and pollock TAC
apportionments in the Western and Central (W/C) Regulatory Areas of the
GOA. These new fishing seasons are summarized in Table 4. The TAC for
pollock in the combined W/C Regulatory Areas will continue to be
apportioned among Statistical Areas 610, 620, and 630 in proportion to
the distribution of the pollock biomass as determined by the most
recent NMFS surveys. The pollock fishing season in the Eastern
Regulatory Area will be unchanged.
Table 4.--Pollock Fishing Seasons and Seasonal TAC Apportionments for the Western and Central Regulatory Areas
of the Gulf of Alaska
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TAC Dates \1\
Fishing season apportionment -----------------------------------------------------------
(percent) From To
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A Season............................. 30 January 20.................. April 1.
[[Page 3441]]
B Season............................. 20 June 1...................... July 1.
C Season............................. 25 September 1................. The date of closure of a
statistical area (610, 620,
630) to directed fishing,
or October 1, whichever
comes first.
D Season............................. 25 Five days after the date of November 1.
closure of a statistical
area (610, 620, 630) to
directed fishing in the C
season.
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\1\ The time of all openings and closures of fishing seasons, other than the beginning and end of the calendar
fishing year, is 1200 hours, A.l.t.
2. Limits on Pollock Catch Within Shelikof Strait
To prevent localized depletions of pollock within Shelikof Strait,
an important winter foraging area for Steller sea lions, the emergency
rule limits removals from within Shelikof Strait during the A season.
For the purpose of this emergency rule, a Shelikof Strait conservation
zone is defined as the area bound by straight lines and shoreline
connecting the following coordinates in the following order:
58 deg.51' N lat. 153 deg.15' W long.;
58 deg.51' N lat. 152 deg.00' W long.; and, the intersection of
152 deg.00' W long. with Afognak Island; aligned counterclockwise
around the shoreline of Afognak, Kodiak, and Raspberry Islands to
57 deg.00' N lat. 154 deg.00' W long.;
56 deg.30' N lat. 154 deg.00' W long.;
56 deg.30' N lat. 155 deg.00' W long.;
56 deg.00' N lat. 155 deg.00' W long.;
56 deg.00' N lat. 157 deg.00' W long.; and, the intersection of
157 deg.00' W long. with the Alaska Peninsula.
This area overlaps portions of statistical areas 620 and 630. The
Shelikof Strait conservation zone catch limit is not a separate TAC for
this area, but a limit on allowable removals from this area. Either one
or both of the statistical areas could be closed to directed fishing
upon attainment of the specific TACs before the Shelikof Strait catch
limit is reached.
NMFS will determine the A season catch limit for the Shelikof
Strait conservation zone by calculating a ratio equal to the most
recent estimate of pollock biomass in Shelikof Strait divided by the
most recent estimate of total pollock biomass in the GOA. NMFS will
then multiply by the overall pollock TAC for the GOA and further
multiplied by the A season apportionment of 30 percent. For 1999, NMFS
has specified an interim Shelikof Strait catch limit of 15,857 mt (see
the revised 1999 interim specifications below). When NMFS determines
that the A season pollock removals from within the Shelikof Strait
conservation zone have reached this specified limit, NMFS will prohibit
directed fishing for pollock in Shelikof Strait.
3. W/C GOA Trip Limits
The Council recommended that NMFS establish a 300,000 lb trip limit
for catcher vessels harvesting pollock in the directed pollock
fisheries of the Western or Central Regulatory Areas of the Gulf of
Alaska (W/C GOA). However, NMFS' recordkeeping and reporting
requirements currently require that catch and landings be reported in
metric tons (mt). NMFS is, therefore, rounding the Council's
recommended 300,000 lb trip limit to the nearest equivalent in mt and
establishing a trip limit of 136 mt. The emergency rule prohibits the
operator of a catcher vessel fishing for groundfish in the W/C GOA from
retaining on board more than 136 mt of pollock harvested in the W/C
GOA. In addition, to prevent the large scale use of tender vessels to
avoid the trip limit restriction, this rule also prohibits vessels
operating as tenders from retaining on board more than 272 mt (the
equivalent of 2 fishing trips) of unprocessed pollock that was
harvested in the W/C GOA. This 136 mt trip limit does not exempt
vessels from existing regulations that require 100 percent retention of
pollock when directed fishing for pollock is open. A vessel operator
must cease fishing for pollock during a fishing trip before the 136 mt
trip limit is reached in order to avoid a violation of either the 136
mt trip limit or the 100 percent retention requirement for pollock.
Revised 1999 Interim Harvest Specifications for Pollock in the BSAI and
GOA
The regulatory changes in this emergency rule require revision of
the 1999 interim specifications of pollock TAC for the BSAI and GOA.
Existing regulations at 50 CFR 679.20(c)(2) do not require that interim
harvest specifications for pollock in the BSAI and GOA be temporally or
spatially dispersed. However, the BO concluded that the current program
for managing the BSAI and GOA pollock fisheries could jeopardize
Steller sea lions or their critical habitat. Therefore, to allow the
Bering Sea and GOA pollock fisheries to commence on January 20, 1999,
this emergency rule also adjusts the 1999 interim specifications for
pollock to comport with the reasonable and prudent management measures
outlined above.
The specifications for Bering Sea Subarea pollock in Table 1 of the
1999 interim harvest specifications (64 FR 50, January 4, 1999) are
replaced by the following Table 6. The interim specifications for
pollock were changed for two reasons: (1) To comport with the temporal
and spatial dispersions required by the BO, and (2) to incorporate the
Council's final 1999 TAC recommendations for pollock, which are reduced
from the 1999 proposed specifications.
[[Page 3442]]
Table 6.--Revised Interim 1999 TAC Amounts for Pollock in the Bering Sea Subarea
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A1 Season \1\ A2 Season
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Species and component Area CH/CVOA CH/CVOA
Interim TAC limit Interim TAC limit
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Pollock:
Inshore.......................... BS 115,394 \2\ 80,776 52,452 \2\ 36,716
Offshore catcher/processor and BS 92,316 36,926 41,962 16,785
catcher vessel total.
Listed catcher/processors \3\ BS 84,469 33,787 38,395 15,358
Listed catcher vessels \3\... BS 7,847 3,139 3,567 1,427
Mothership....................... BS 33,569 16,785 n/a n/a
CDQ.............................. BS 44,640 44,640 n/a n/a
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\1\ The mothership and CDQ sectors have a single A season apportionment equal to 40 and 45 percent of their
annual TAC allocations, respectively.
\2\ Under the emergency rule, NMFS will close the CH/CVOA conservation zone to inshore vessels greater than 99
ft (30.2 m) LOA while maintaining a sufficient CH/CVOA allowance to support fishing activities by inshore
catcher vessels under 99 ft (30.2 m) LOA for the duration of the current opening. However, once the specified
CH/CVOA limit is reached, all inshore vessels will be prohibited from engaging in directed fishing for pollock
inside the CH/CVOA conservation zone.
\3\ Section 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance
allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels
delivering to listed catcher/processors.
The first seasonal allowances for W/C GOA pollock in Table 1 of the
1999 Interim Harvest Specifications (64 FR 46, January 4, 1999) are
replaced by the following Table 7:
Table 7.--Revised First Seasonal Allowances of Pollock in the Western
(W) and Central (C) Regulatory Areas of the Gulf of Alaska (GOA)
------------------------------------------------------------------------
Interim
Species and area TAC
------------------------------------------------------------------------
Pollock:
W (610).................................................. 6,936
C (620).................................................. 11,652
C (630).................................................. 9,156
----------
W/C Subtotal......................................... 27,744
Shelikof Strait Subtotal \1\......................... 15,857
------------------------------------------------------------------------
\1\ The pollock catch limit for the Shelikof Strait conservation zone is
determined by calculating the ratio of the most recent estimate of
pollock biomass in Shelikof Strait (489,900 mt) divided by the most
recent estimate of total pollock biomass in the GOA (933,000 mt). This
ratio will then be multiplied by the overall pollock TAC for the GOA
(100,920 mt) and multiplied by the A season apportionment of 30
percent.
Technical Amendment to Steller Sea Lion No-Trawl Zones
This emergency interim rule also makes technical changes to the
existing no-trawl zones set out in Tables 4 and 6 50 CFR part 679 by
suspending them and by adding Tables 13 and 14 to 50 CFR part 679.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this emergency interim rule is necessary to respond to
an emergency situation and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.
This emergency interim rule has been determined to be not
significant for purposes of E.O. 12866.
Failure to have the measures contained in this rule in place by
January 20, 1999, would force delay of the start of the pollock
fisheries of the BSAI and GOA with significant costs to industry. This
would occur because without these measures, the December 16, 1998, BO
would require that to protect Steller sea lions, no pollock fishing
occur. Thus, notice and comment procedures for this rule would prevent
NMFS from performing its necessary function of allowing the fishery to
be prosecuted while protecting this endangered species. As such, NMFS
finds that the immediate need to effect the provisions of this rule by
January 20, 1999, 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 and contrary to the public interest. The need for these
measures to be in place by January 20, 1999, as explained above,
constitutes good cause under authority contained in 5 U.S.C. 553(d)(3)
to waive the requirement for a 30-day delay in effective date.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
The President has directed Federal agencies to use plain language
in their communications with the public, including regulations. To
comply with that directive, we seek public comment on any ambiguity or
unnecessary complexity arising from the language used in this emergency
interim rule.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: January 15, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For reasons set out in the preamble, 50 CFR part 679 is amended as
follows:
50 CFR CHAPTER VI
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.7, paragraph (b) is suspended and paragraph (i) is
added to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(i) Prohibitions specific to the GOA (applicable through July 19,
1999)--(1) Southeast Outside trawl closure (applicable through July 19,
1999). Use any gear other than non-trawl gear in the GOA east of
140 deg. W long.
(2) Western/Central GOA Pollock trip limit (applicable through July
19, 1999). Retain on board a catcher vessel at any time, more than 136
mt of unprocessed pollock, or retain on board a tender vessel at any
time, more than 272 mt of unprocessed pollock, harvested in the Western
or Central Areas of the GOA.
3. In Sec. 679.20, paragraphs (a)(5)(i)(A) and (a)(5)(ii)(B) are
suspended, and new paragraphs (a)(5)(i)(C) and (a)(5)(ii)(C) are added
to read as follows:
[[Page 3443]]
Sec. 679.20 General limitations.
* * * * *
(a) * * *
(5) * * *
(i) * * *
(C) BSAI seasonal allowances (applicable through July 19, 1999)--
(1) Inshore. The portion of the Bering Sea Subarea pollock TAC
allocated to the inshore component under Section 206(b) of the American
Fisheries Act will be divided into four seasonal allowances
corresponding to the four fishing seasons set out at
Sec. 679.23(e)(4)(i), as follows: A1 Season, 27.5 percent; A2 Season,
12.5 percent, B Season, 30 percent, C Season, 30 percent. Within any
fishing year, underage or overage of a seasonal allowance may be added
to or subtracted from subsequent seasonal allowances in a manner to be
determined by the Regional Administrator provided that overall pollock
removals from all sectors during a fishing season do not exceed 30
percent of the combined annual TAC of pollock.
(2) Catcher/processor. The portion of the Bering Sea Subarea
pollock TAC allocated to the catcher/processor component under Section
206(b) of the American Fisheries Act will be divided into four seasonal
allowances corresponding to the four fishing seasons set out at
Sec. 679.23(e)(4)(ii), as follows: A1 Season, 27.5 percent; A2 Season,
12.5 percent; B Season, 30 percent; C Season, 30 percent. Within any
fishing year, underage or overage of a seasonal allowance may be added
to or subtracted from subsequent seasonal allowances in a manner to be
determined by the Regional Administrator, provided that overall pollock
removals from all sectors during a fishing season do not exceed 30
percent of the combined annual TAC of pollock.
(3) Mothership. The portion of the Bering Sea Subarea pollock TAC
allocated to the mothership component under Section 206(b) of the
American Fisheries Act will be divided into three seasonal allowances
corresponding to the three fishing seasons set out at
Sec. 679.23(e)(4)(iii) as follows: A Season, 40 percent; B Season, 30
percent; C Season, 30 percent. Within any fishing year, underage or
overage of any seasonal allowance may be added to or subtracted from
subsequent seasonal allowances in a manner to be determined by the
Regional Administrator provided that overall pollock removals from all
sectors during a fishing season do not exceed 30 percent of the
combined annual TAC of pollock.
* * * * *
(ii) * * *
(C) GOA seasonal allowances (applicable through July 19, 1999).
Each apportionment established under paragraph (a)(5)(ii)(A) of this
section will be divided into four seasonal allowances corresponding to
the four fishing seasons set out at Sec. 679.23(d)(3) as follows: A
Season, 30 percent; B Season, 20 percent; C Season, 25 percent; D
Season, 25 percent. Within any fishing year, underage or overage of a
seasonal allowance may be added to or subtracted from subsequent
seasonal allowances in a manner to be determined by the Regional
Administrator, provided that a revised seasonal allowance does not
exceed 30 percent of the annual TAC apportionment.
* * * * *
4. In Sec. 679.22, paragraphs (a)(7) and (b)(2) are suspended and
(a)(11) and (b)(3) are added to read as follows:
Sec. 679.22 Closures.
(a) * * *
(8) * * *
(iv) Pollock closure (applicable through July 19, 1999). Directed
fishing for pollock is prohibited at all times within the Aleutian
Islands Subarea..
* * * * *
(11) Steller sea lion protection areas, Bering Sea Subarea and
Bogoslof District (applicable through July 19, 1999)--(i) Year-round
trawl closures. Trawling is prohibited within 10 nm of each of the
eight Steller sea lion rookeries shown in Table 12 to this part.
(ii) Seasonal trawl closures. During January 1 through April 15, or
a date earlier than April 15, if adjusted under Sec. 679.20, trawling
is prohibited within 20 nm of each of the four Steller sea lion
rookeries shown in Table 12 to this part.
(iii) Pollock closures (applicable through July 19, 1999). Directed
fishing for pollock is prohibited within 10 or 20 nm of each of the 25
Steller sea lion haulout and rookery sites shown in Table 12 to this
part. The radius in nm and time period that each closure is in effect
are shown in Table 12 to this part.
(iv) Critical Habitat/Catcher Vessel Operational Area (CH/CVOA)
conservation zone (applicable through July 19, 1999)--(A) General.
Directed fishing for pollock by vessels catching pollock for processing
either by the inshore, offshore catcher processor, or mothership
component is prohibited within the CH/CVOA conservation zone for the
duration of a fishing season when the Regional Administrator announces
by notification in the Federal Register that the criteria set out in
paragraph (a)(7)(iv)(C) of this section have been met by that industry
component.
(B) Boundaries. The CH/CVOA conservation zone consists of the area
of the Bering Sea Subarea between 170 deg.00' W long. and 163 deg.00' W
long., south of straight lines connecting the following points in the
order listed:
55 deg.00' N lat. 170 deg.00' W long.;
55 deg.00' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 166 deg.00' W long.;
56 deg.00' N lat. 166 deg.00' W long.; and,
56 deg.00' N lat. 163 deg.00' W long.
(C) Criteria for closure--(1) General. The directed fishing
closures identified in paragraph (a)(7)(iv)(A) of this section will
take effect when the Regional Administrator determines that the harvest
of a seasonal allowance of pollock reaches a percentage specified in
the following table:
------------------------------------------------------------------------
Industry component (in percent)
-----------------------------------------
Fishing season Catcher/
Inshore processor Mothership
------------------------------------------------------------------------
A1 Season..................... 70 40 50
A2 Season..................... 70 40 50
B Season...................... [reserved]
C Season...................... [reserved]
------------------------------------------------------------------------
(2) Inshore catcher vessels greater than 99 ft (30.2 m) LOA. The
Regional Administrator will close directed fishing to inshore catcher
vessels greater than 99 ft (30.2 m) LOA prior to reaching the inshore
CH/CVOA limit to accommodate fishing by vessels less than or equal to
99 ft (30.2 m) LOA inside the CH/CVOA conservation zone for the
duration of the inshore seasonal opening. During the A1 and A2 seasons,
the Regional Administrator will estimate how much of the inshore A1 and
A2 seasonal allowance is likely to be harvested by catcher vessels less
than
[[Page 3444]]
or equal to 99 ft (30.2 m) LOA and reserve a sufficient amount of the
inshore CH/CVOA allowance to accommodate fishing by such vessels after
the closure of the CH/CVOA conservation zone to vessels greater than 99
ft (30.2 m) LOA. The CH/CVOA conservation zone will be closed to
directed fishing for all inshore catcher vessels when the inshore limit
specified in paragraph (a)(7)(iv)(C)(1) of this section has been met.
(b) * * *
(3) Steller sea lion protection areas--(applicable through July 19,
1999)--(i) Year-round trawl closures. Trawling is prohibited in the GOA
within 10 nm of the nine Steller sea lion rookeries shown in Table 13
to this part.
(ii) Pollock closures (applicable through July 19, 1999). Directed
fishing for pollock is prohibited within 10 nm of each of the 45
Steller sea lion haulout and rookery sites shown in Table 13 to this
part. The radius in nm and time period that each closure is in effect
are shown in Table 13 to this part.
(iii) Shelikof Strait conservation zone (applicable through July
19, 1999).--(A) General. Directed fishing for pollock is prohibited
within the Shelikof Strait conservation zone during the A season
defined at Sec. 679.23(d)(3) when the Regional Administrator announces
through notification in the Federal Register that the A season catch of
pollock from within the Shelikof Strait conservation zone reaches the
amount determined by paragraph (b)(2)(iii)(C) of this section.
(B) Boundaries. The Shelikof Strait conservation zone consists of
the area bound by straight lines and shoreline connecting the following
coordinates in the following order:
58 deg.51' N lat. 153 deg.15' W long.
58 deg.51' N lat. 152 deg.00' W long.
and the intersection of 152 deg.00' W long. with Afognak Island;
aligned counterclockwise around the shoreline of Afognak, Kodiak, and
Raspberry Islands to
57 deg.00' N lat. 154 deg.00' W long.
56 deg.30' N lat. 154 deg.00' W long.
56 deg.30' N lat. 155 deg.00' W long.
56 deg.00' N lat. 155 deg.00' W long.
56 deg.00' N lat. 157 deg.00' W long.
and the intersection of 157 deg.00' W long. with the Alaska Peninsula.
(C) Determination of catch limit. The pollock catch limit for the
Shelikof Strait conservation zone will be published in the annual
specifications under Sec. 679.20(c) and is determined by calculating a
ratio equal to the most recent estimate of pollock biomass in Shelikof
Strait divided by the most recent estimate of total pollock biomass in
the GOA. NMFS will then multiply by the overall pollock TAC for the GOA
and further multiplied by the A season apportionment of 30 percent.
* * * * *
5. In Sec. 679.23, paragraphs (d)(2) and (e)(2) are suspended, and
new paragraphs (d)(3) and (e)(4) are added to read as follows:
Sec. 679.23 Seasons.
* * * * *
(d) * * *
(3) Directed fishing for pollock (applicable through July 19,
1999). Subject to other provisions of this part, directed fishing for
pollock in the Western and Central Regulatory Areas is authorized only
during the following four seasons:
(i) A season. From 1200 hours, A.l.t., January 20, through 1200
hours, A.l.t., April 1;
(ii) B season. From 1200 hours, A.l.t., June 1, through 1200 hours,
A.l.t., July 1;
(iii) C season. From 1200 hours, A.l.t., September 1, within a
statistical area until the date of closure of the statistical area to
directed fishing, or 1200 hours, A.l.t., October 1, whichever comes
first.
(iv) D season. From 1200 hours, A.l.t., five days after the closure
of the C season in a statistical area until 1200 hours, A.l.t.,
November 1.
(e) * * *
(4) Directed fishing for pollock in the Bering Sea Subarea
(applicable through July 19, 1999).--(i) Inshore and offshore catcher/
processor components. Subject to other provisions of this part,
directed fishing for pollock by vessels catching pollock for processing
by the inshore component and by the offshore catcher processor
component in the Bering Sea Subarea is authorized only during the
following four seasons:
(A) A1 season. From 1200 hours, A.l.t., January 20, through 1200
hours, A.l.t., February 15;
(B) A2 season. From 1200 hours, A.l.t., February 20, through 1200
hours, A.l.t., April 15;
(C) B season. From 1200 hours, A.l.t., August 1, through 1200
hours, A.l.t., September 15; and,
(D) C season. From 1200 hours, A.l.t., September 15, through 1200
hours, A.l.t., November 1.
(ii) Mothership component. Subject to other provisions of this
part, directed fishing for pollock by vessels catching pollock for
processing by the offshore mothership component in the Bering Sea
Subarea is authorized only during the following three seasons:
(A) A season. From 1200 hours, A.l.t., February 1, through 1200
hours, A.l.t., April 15;
(B) B season. From 1200 hours, A.l.t., August 1, through 1200
hours, A.l.t., September 15; and,
(C) C season. From 1200 hours, A.l.t., September 15, through 1200
hours, A.l.t., November 1.
* * * * *
6. Tables 4 and 6 to 50 CFR part 679 are suspended and Tables 12
and 13 are added to read as follows:
Table 12 to 50 CFR Part 679
[Steller sea lion protection areas \1\ in the Bering Sea Subarea \2\ are identified in the following table. Where two sets of coordinates are given, the
baseline extends in a clock-wise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of
coordinates. Where only one set of coordinates is listed, that location is the base point.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boundaries to Directed fishing for Trawling prohibited
---------------------------------------------------- pollock prohibited within . . . (nm)
within . . . (nm) -------------------------
Management area/island/site --------------------------
Latitude Longitude Latitude Longitude Nov. 1 May 1 Jan. 1
(N) (W) (N) (W) through through through Year-round
April 31 Oct. 31 April 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea
Walrus.......................................... 57 deg.11.0
0' 169 deg.56.
00' ........... ........... 20 20 ........... 10
Uliaga.......................................... 53 deg.04.0
0' 169 deg.47.
00' 53 deg.05.0
0' 169 deg.46.
00' ........... 20 ........... ...........
Chuginadak...................................... 52 deg.46.5
0' 169 deg.42.
00' 52 deg.46.5
0' 169 deg.44.
50' ........... 20 ........... ...........
Kagamil......................................... 53 deg.02.5
0' 169 deg.41.
00' ........... ........... ........... 20 ........... ...........
Samalga......................................... 52 deg.46.0
0' 169 deg.15.
00' ........... ........... ........... 20
Adugak.......................................... 52 deg.55.0
0' 169 deg.10.
50' ........... ........... 20 20 ........... 10
Umnak/Cape Aslik................................ 53 deg.25.0
0' 168 deg.24.
50' ........... ........... 20 20 ........... ...........
[[Page 3445]]
Ogchul.......................................... 53 deg.00.0
0' 168 deg.24.
00' ........... ........... 20 20 ........... 10
Bogoslof/Fire Island............................ 53 deg.56.0
0' 168 deg.02.
00' ........... ........... 20 20 ........... 10
Emerald......................................... 53 deg.17.5
0' 167 deg.51.
50' ........... ........... ........... 20 ........... ...........
Unalaska/Cape Izigan............................ 53 deg.13.5
0' 167 deg.39.
00' ........... ........... 20 20 ........... ...........
Unalaska/Bishop Pt.............................. 53 deg.58.5
0' 166 deg.57.
50' ........... ........... 20 20 ........... ...........
Akutan/Reef-lava................................ 54 deg.07.5
0' 166 deg.06.
50' 54 deg.10.5
0' 166 deg.04.
50' 20 20 ........... ...........
Old Man Rocks................................... 53 deg.52.0
0' 166 deg.05.
00' ........... ........... 20 20 ........... ...........
Akutan/Cape Morgan.............................. 54 deg.03.5
0' 166 deg.00.
00' 54 deg.05.5
0' 166 deg.05.
00' 20 20 20 10
Rootok.......................................... 54 deg.02.5
0' 165 deg.34.
50' ........... ........... ........... 20 ........... ...........
Akun/Billings Head.............................. 54 deg.18.0
0' 165 deg.32.
50' 54 deg.18.0
0' 165 deg.31.
50' 20 20 20 10
Tanginak........................................ 54 deg.12.0
0' 165 deg.20.
00' ........... ........... 20 ........... ........... ...........
Tigalda/Rocks NE................................ 54 deg.09.0
0' 164 deg.57.
00' 54 deg.10.0
0' 164 deg.59.
00' 20 20 ........... ...........
Unimak/Cape Sarichef............................ 54 deg.34.5
0' 164 deg.56.
50' ........... ........... 10 10 ........... ...........
Aiktak.......................................... 54 deg.11.0
0' 164 deg.51.
00' ........... ........... 20 ........... ........... ...........
Ugamak.......................................... 54 deg.14.0
0' 164 deg.48.
00' 54 deg.13.0
0' 164 deg.48.
00' 20 20 20 10
Round........................................... 54 deg.12.0
0' 164 deg.46.
50' ........... ........... ........... 20 ........... ...........
Sea Lion Rock (Amak)............................ 55 deg.28.0
0' 163 deg.12.
00' ........... ........... 20 20 20 10
Amak+rocks...................................... 55 deg.24.0
0' 163 deg.07.
00' 55 deg.26.0
0' 163 deg.10.
00' 20 20 ........... ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.
\2\ Closure zones around many of these sites also extend into statistical area 610 of the Gulf of Alaska Management Area.
Table 13 to 50 CFR part 679 (Effective Through July 19, 1999)
[Steller sea lion protection areas \1\ in the Gulf of Alaska \2\ are identified in the following table. Where two sets of coordinates are given, the
baseline extends in a clock-wise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of
coordinates. Where only one set of coordinates is listed, that location is the base point.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boundaries to Directed fishing for Trawling prohibited
---------------------------------------------------------------- pollock prohibited within . . . (nm)
within . . . (nm) -------------------------
Management area/island/site --------------------------
Latitude (N) Longitude (W) Latitude (N) Longitude (W) Nov. 1 May 1 Jan. 1
through through through Year-round
April 31 Oct. 31 April 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gulf of Alaska
Bird................................ 54 deg.40.50' 163 deg.18.00' .............. .............. 10 10 ........... ...........
South Rocks......................... 54 deg.18.00' 162 deg.41.50' .............. .............. 10 10 ........... ...........
Clubbing Rocks...................... 54 deg.42.00' 162 deg.26.50' 54 deg.43.00' 162 deg.26.50' 10 10 ........... 10
Pinnacle Rock....................... 54 deg.46.00' 161 deg.46.00' .............. 10 ........... 10 ........... 10
Sushilnoi Rocks..................... 54 deg.50.00' 161 deg.44.50' .............. .............. ........... 10 ........... ...........
Olga Rocks.......................... 55 deg.00.50' 161 deg.29.50' 54 deg.59.00' 161 deg.31.00' 10 10 ........... ...........
Jude................................ 55 deg.16.00' 161 deg.06.00' .............. .............. 10 10 ........... ...........
The Whaleback....................... 55 deg.16.50' 160 deg.06.00' .............. .............. 10 10 ........... ...........
Chernabura.......................... 54 deg.47.50' 159 deg.31.00' 54 deg.45.50' 159 deg.33.50' 10 10 ........... 10
Castle Rock......................... 55 deg.17.00' 159 deg.30.00' .............. .............. ........... 10 ........... ...........
Atkins.............................. 55 deg.03.50' 159 deg.19.00' .............. .............. 10 10 ........... 10
Spitz............................... 55 deg.47.00' 158 deg.54.00' .............. .............. ........... 10 ........... ...........
Kak................................. 56 deg.17.00' 157 deg.51.00' .............. .............. ........... 10 ........... ...........
Lighthouse Rocks.................... 55 deg.47.50' 157 deg.24.00' .............. .............. 10 10 ........... ...........
Sutwik.............................. 56 deg.31.00' 157 deg.20.00' 56 deg.32.00' 157 deg.21.00' ........... 10 ........... ...........
Chowiet............................. 56 deg.00.50' 156 deg.41.50' 56 deg.00.50' 156 deg.42.00' 10 10 ........... 10
Nagai Rocks......................... 55 deg.50.00' 155 deg.46.00' .............. .............. 10 10 ........... ...........
Chirikof............................ 55 deg.46.50' 155 deg.39.50' 55 deg.46.50' 155 deg.43.00' 10 10 ........... 10
Puale Bay........................... 57 deg.41.00' 155 deg.23.00' .............. .............. 10 10 ........... ...........
Takli............................... 58 deg.03.00' 154 deg.27.50' 58 deg.02.00' 154 deg.31.00' ........... 10 ........... ...........
Cape Gull........................... 58 deg.13.50' 154 deg.09.50' 58 deg.12.50' 154 deg.10.50' ........... 10 ........... ...........
Sitkinak/Cape Sitkinak.............. 56 deg.34.50' 153 deg.51.50' .............. .............. 10 10 ........... ...........
Kodiak/Cape Ugat.................... 57 deg.52.00' 153 deg.51.00' .............. .............. 10 10 ........... ...........
Shakun Rock......................... 58 deg.32.50' 153 deg.41.50' .............. .............. 10 10 ........... ...........
Twoheaded Island.................... 56 deg.54.50' 153 deg.33.00' 56 deg.53.50' 153 deg.35.50' 10 10 ........... ...........
Cape Douglas........................ 58 deg.51.50' 153 deg.14.00' .............. .............. ........... 10 ........... ...........
[[Page 3446]]
Latax Rocks......................... 58 deg.42.00' 152 deg.28.50' 58 deg.40.50' 152 deg.30.00' 10 10 ........... ...........
Ushagat/SW.......................... 58 deg.55.00' 152 deg.22.00' .............. .............. ........... 10 ........... ...........
Ugak................................ 57 deg.23.00' 152 deg.15.50' 57 deg.22.00' 152 deg.19.00' ........... 10 ........... ...........
Sea Otter Island.................... 58 deg.31.50' 152 deg.13.00' .............. .............. 10 10 ........... ...........
Long................................ 57 deg.47.00' 152 deg.13.00' .............. .............. 10 ........... ........... ...........
Kodiak/Cape Chiniak................. 57 deg.37.50' 152 deg.09.00' .............. .............. 10 10 ........... ...........
Sugarloaf........................... 58 deg.53.00' 152 deg.02.00' .............. .............. 10 10 ........... 10
Sea Lion Rocks (Marmot)............. 58 deg.21.00' 151 deg.48.50' .............. .............. 10 10 ........... ...........
Marmot.............................. 58 deg.14.00' 151 deg.47.50' 58 deg.10.00' 151 deg.51.00' 10 10 ........... 10
Perl................................ 59 deg.06.00' 151 deg.39.50' .............. .............. 10 10 ........... ...........
Outer (Pye) Island.................. 59 deg.20.50' 150 deg.23.00' 59 deg.21.00' 150 deg.24.50' 10 10 ........... 10
Steep Point......................... 59 deg.29.00' 150 deg.15.00' .............. .............. ........... 10 ........... ...........
Chiswell Islands.................... 59 deg.36.00' 149 deg.34.00' .............. .............. 10 10 ........... ...........
Wooded Island (Fish)................ 59 deg.53.00' 147 deg.20.50' .............. .............. 10 10 ........... ...........
Glacier Island...................... 60 deg.51.00' 147 deg.09.00' .............. .............. 10 10 ........... ...........
Seal Rocks.......................... 60 deg.10.00' 146 deg.50.00' .............. .............. 10 10 ........... ...........
Cape Hinchinbrook................... 60 deg.14.00' 146 deg.38.50' .............. .............. ........... 10 ........... ...........
Hook Point.......................... 60 deg.20.00' 146 deg.15.50' .............. .............. ........... 10 ........... ...........
Cape St. Elias...................... 59 deg.48.00' 144 deg.36.00' .............. .............. 10 10 ........... ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.
\2\ Additional closures along the Aleutian Island chain that extend into statistical area 610 of the Gulf of Alaska are displayed in Table 13 to this
part.
[FR Doc. 99-1378 Filed 1-15-99; 5:01 pm]
BILLING CODE 3510-22-P