[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Rules and Regulations]
[Pages 3653-3658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1529]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981021263-9019-02; I.D. 090898D]
RIN: 0648-AK12


Fisheries of the Exclusive Economic Zone Off Alaska; Inshore-
Offshore Allocations of Pollock and Pacific Cod Total Allowable Catch; 
Inshore-Offshore Allocation of 1999 Interim Groundfish Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 51 to the 
Fishery Management Plan (FMP) for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area (BSAI) and Amendment 51 to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (GOA). This action 
is necessary to implement the approved portions of Amendments 51/51. 
The rules re-establish the catcher vessel operational area (CVOA) in 
the Bering Sea and the allocations of total allowable catches (TACs) of 
pollock and Pacific cod in the GOA between inshore and offshore 
components of the fisheries through 2001. Accordingly, the 1999 interim 
groundfish specifications are revised to reflect these allocations. 
This action is intended to promote the goals and objectives of the 
FMPs.

DATES: Effective January 20, 1999.

ADDRESSES: Copies of the Environmental Assessment, Regulatory Impact 
Review and Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared 
for this action are available from the Alaska Region, NMFS, P.O. Box 
21688, Juneau, AK 99802, Attn: Lori J. Gravel, or by calling the Alaska 
Region, NMFS, at 907-586-7228.

FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries off 
Alaska under the FMPs. The North Pacific Fishery Management Council 
(Council) prepared the FMPs pursuant to the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). Federal 
regulations appearing at 50 CFR parts 600 and 679, respectively contain 
general regulations governing U.S. fisheries and implement the FMPs.

Background

    The TACs for pollock in the BSAI and for pollock and Pacific cod in 
the GOA have been allocated between inshore and offshore components of 
the groundfish fisheries since 1992. The Council repeatedly has 
recommended inshore-offshore allocations of limited duration to allow 
for periodic review of the performance of these management measures 
relative to the fishery conservation and management problems they are 
designed to resolve. The original inshore-offshore allocations were 
effective from 1992 through 1995. Amendments 38 and 40 to the BSAI and 
GOA FMPs, respectively, reestablished inshore-offshore allocations that 
expired at the end of 1998.
    At its meeting in June 1998, the Council took final action to adopt 
Amendments 51/51 to the FMPs. By proposing these FMP amendments, the 
Council intended to change the inshore-offshore allocations in the BSAI 
but to continue the existing allocations in the GOA. Some other changes 
in the inshore-offshore regime also were proposed as part of these 
amendments. The Council transmitted Amendments 51/51 to NMFS on 
September 4, 1998, and NMFS published a notice of availability (NOA) of 
the amendments and supporting analyses on September 16, 1998 (63 FR 
49540). The public comment period on the NOA ended on November 16, 
1998. NMFS published proposed implementing rules for Amendments 51/51 
on October 29, 1998, (63 FR 57996). The comment period on the proposed 
rules ended on December 14, 1998. Additional background information 
appears in the NOA and proposed rule notices.
    On October 21, 1998, the President signed the American Fisheries 
Act (AFA) into law (Pub. L. 105-277). The AFA, among other things, 
allocated the BSAI pollock TACs differently than the Council had 
recommended. The Council held a special meeting November 10-13, 1998, 
in part to discuss the effects of AFA on its inshore-offshore proposal 
and other management programs. In light of the AFA, the Council 
recommended specific changes to its Amendment 51/51 proposal. Under the 
Magnuson-Stevens Act (section 304), NMFS has authority only to approve, 
disapprove, or partially approve an FMP or amendment; NMFS cannot 
change a proposed FMP or FMP amendment once it has been submitted for 
review, even if requested to do so by the Council that submitted it. 
NMFS must base a decision to approve, disapprove, or partially approve 
an FMP or FMP amendment on inconsistencies between

[[Page 3654]]

the disapproved parts and the Magnuson-Stevens Act or other applicable 
law. On December 15, 1998, the Alaska Regional Administrator, NMFS, 
(RA) partially approved BSAI Amendment 51, fully approved GOA Amendment 
51, and notified the Council of this decision. The RA's decision not to 
approve parts of BSAI Amendment 51 is consistent with the Council's 
intent for achieving consistency with the AFA as expressed at its 
meeting in November 1998.

Elements of Amendments 51/51 Approved and Disapproved

BSAI Amendment 51

    As adopted by the Council in June 1998, this amendment contemplated 
four changes to the current inshore-offshore allocation regime. These 
changes are discussed below with reasons for approval or disapproval of 
each change.
    1. Pollock allocation-disapproved. This part of the amendment would 
have changed the proportional allocation of the BSAI pollock TACs, 
after subtraction of the reserves. The inshore allocation would have 
increased from its current 35 percent to 39 percent; the offshore 
allocation would have reciprocally decreased from its current 65 
percent to 61 percent. Because Amendment 45 to the BSAI FMP removed the 
7.5 percent Community Development Quota (CDQ) program allocation from 
the inshore-offshore allocations, Amendment 51 did not include a CDQ 
allocation.
    NMFS disapproved the amendment's pollock allocation because it was 
inconsistent with AFA section 206. This section of the AFA specifically 
mandates an allocation of 10 percent of the pollock TAC to a directed 
fishing allowance for the CDQ program plus an additional allocation of 
pollock for incidental catches in all non-pollock fisheries. Of the 
remaining pollock TAC, the law stipulates the following allocations: 50 
percent to the inshore component, 40 percent to the offshore component 
(catcher/processors), 10 percent to the offshore component 
(motherships).
    The allocations specified by the AFA will be implemented in 1999 
through the annual groundfish specification process. Proposed and 
interim specifications were published, respectively, on December 30, 
1998 (63 FR 71867), and January 4, 1999 (64 FR 50).
    2. Small vessel set aside-Disapproved. This part of the amendment 
would have set aside a portion of the inshore component pollock 
allocation for use by catcher vessels less than 125 ft (38.1 m) length 
overall immediately before the pollock B season, starting about August 
25. The amount reserved in the set aside would have been equal to 2.5 
percent of the BSAI pollock TACs, after subtraction of reserves.
    NMFS disapproved this part of Amendment 51 because it was 
inconsistent with several sections of the AFA and National Standard 7 
of the Magnuson-Stevens Act which requires that conservation and 
management measures shall where practicable minimize cost and avoid 
unnecessary duplication. Section 206 of the AFA specifically mandates 
allocations among CDQ and inshore and offshore components of the BSAI 
pollock fishery. The proposed set aside conflicts with these AFA-
specified allocations because it would have been based on the TAC; not 
simply a sub-allocation of the inshore component allocation. Further, 
sections 208(a) and 210(b) of the AFA appear to provide the market 
erosion protections for small vessels that the TAC set aside was 
designed to provide. Section 208(a) establishes increased restrictions 
on entry into the inshore catcher vessel fishery, and section 210(b) 
allows inshore catcher vessels to form an exclusive cooperative. 
Moreover, the AFA provides the entire inshore component with a 
substantially increased allocation of the pollock TAC (about 30 
percent) relative to its allocation from 1992 through 1998. The small 
vessels that operate in the inshore component likely will benefit to 
some degree from this increased allocation. Therefore, in light of the 
AFA, the proposed small vessel set aside provisions would duplicate 
existing provisions and impose unnecessary regulatory costs on the 
pollock fisheries.
    3. Catcher vessel operational area (CVOA)-Partially Approved. This 
part of Amendment 51 will continue the CVOA specified in the existing 
regulations with respect to the geographic area and its effectiveness 
during the B season (50 CFR 679.22(a)(5)). Amendment 51, however, would 
have changed the existing CVOA rules by excluding from the CVOA all 
catcher vessels that deliver pollock to the offshore component. This 
would have prevented catcher vessels from conducting directed fishing 
in the CVOA for pollock for delivery to motherships or catcher/
processors (the offshore component) during the B season. Under the 
current CVOA regulation, all catcher vessels, regardless of whether 
they deliver to inshore or offshore components, may fish in the CVOA.
    The NMFS has approved all of the proposed amendment text pertaining 
to the CVOA with the exception of the phrases that would have excluded 
from the CVOA catcher vessels catching pollock for processing by the 
offshore component. The reason for selectively disapproving such text 
is its inconsistency with national standard 7. The Council intended the 
disapproved text to establish parity between the motherships and the 
catcher/processor vessels within the offshore component. Motherships 
have been allowed to operate within the CVOA, receiving and processing 
pollock harvested by catcher vessels. Catcher/processor vessels are not 
allowed to harvest pollock in the CVOA during the B season. In 
recommending the CVOA portion of Amendment 51, the Council attempted to 
create parity between motherships and catcher/processor vessels. As 
stated in the preamble to the proposed rule (63 FR 58000-58001), the 
Council noted that the proportion of catch taken by mothership 
operations increased at the expense of catcher/processors during the 
period 1991-96, and that motherships may have had a competitive 
advantage over catcher/processors. The AFA, however, specifies separate 
allocations of the pollock TACs for the mothership and catcher/
processor sectors, thereby achieving the parity intended by the 
Council. Hence, the exclusion of catcher vessels from the CVOA that 
deliver to the offshore component was an unnecessary duplication of an 
AFA provision. As such, it was inconsistent with national standard 7.
    Disapproval of the offshore catcher vessel text does not prevent 
the implementation of the CVOA provision. In fact, it makes the 
approved CVOA more closely resemble the CVOA provision in effect during 
1996-98. In addition, at its meeting in November 1998, the Council 
indicated its desire to remove this more restrictive provision from its 
Amendment 51 proposal and return to the previous CVOA rule.
    Although the approved CVOA provisions are effectively the same as 
they were from 1996-98, further restrictions on fishing in the CVOA 
will be implemented in 1999 to mitigate the effects of pollock fishing 
on Steller sea lions and their critical habitat, within which much of 
the CVOA lies. These restrictions will have the effect of dispersing 
the pollock fishery in time and area and will be made by separate 
regulatory action.
    4. Duration-Disapproved. As proposed, the pollock allocations in 
Amendment 51 would have been effective for the 3-year period, January

[[Page 3655]]

1, 1999, through December 31, 2001. This period is inconsistent with 
the effective period of the inshore-offshore allocations specified in 
the AFA of January 1, 1999, through December 31, 2004 (sec. 206 and 
213). No duration limit was specified in the proposed amendment text 
for the CVOA provision. Hence, this provision will continue in effect 
until changed by action of the Council and NMFS.

GOA Amendment 51

    As adopted by the Council in June 1998, this amendment 
reestablishes, without change, the current inshore-offshore allocation 
regime in the GOA through December 31, 2001. These provisions are 
discussed below with reasons for approval of each change.
    1. Pollock allocation-Approved. This part of the amendment will 
maintain the current allocation of the pollock TACs of 100 percent to 
the inshore component. This allocation is consistent with the Magnuson-
Stevens Act and other applicable law.
    2. Pacific cod allocation-Approved. This part of the amendment will 
maintain the current allocation of the Pacific cod TACs of 90 percent 
to the inshore component and 10 percent to the offshore component. 
These provisions are consistent with the Magnuson-Stevens Act and other 
applicable law.
    3. Duration--Approved. The effective period for the allocations in 
Amendment 51 is extended for another 3 years, from January 1, 1999, 
through December 31, 2001. Section 213 of the AFA does not apply to the 
GOA allocations proposed by the Council. Therefore, the proposed 
duration of the amendment is not inconsistent with AFA, the Magnuson-
Stevens Act or other applicable law.

Changes From the Proposed Rule

    As indicated above, the AFA substantially changed the statutory 
climate in which the Council was acting when it adopted Amendments 51/
51 in June 1998. The proposed implementing rule for Amendments 51/51, 
published on October 29, 1998 (63 FR 57996), represented the amendments 
as the Council had submitted them and discussed anticipated AFA 
provisions in the preamble. Hence, differences between the proposed 
rule and this final rule are due to the partial approval of the 
amendments, as discussed earlier above, and result principally from the 
effect of the AFA. A detailed discussion of these differences follows.
    1. Definitions. The terms ``inshore component'' and ``offshore 
component'' are changed to reflect the AFA meaning of these terms in 
the BSAI as distinct from their meaning in the GOA and to prescribe 
different duration dates in the BSAI and the GOA. The AFA's definition 
of ``inshore component'' for pollock fishing in the BSAI does not 
include vessels that process pollock or GOA Pacific cod in a single 
geographic location in Alaska State waters. Rather the AFA considers 
such vessels to be ``shoreside processors'' (AFA sec. 208(f)(1)(A)). 
For the GOA pollock fishery, however, the ``inshore component'' 
definition remains as proposed. Also, the duration of the AFA 
provisions continues through December 31, 2004 (AFA sec. 213(a)), 
whereas the duration of the GOA inshore-offshore provisions, as 
recommended by the Council and approved, continue through December 31, 
2001. This final rule clarifies these differences between the AFA and 
approved inshore-offshore provisions for the GOA by prescribing 4 
separate definitions for the BSAI and GOA inshore and offshore 
components.
    2. Prohibitions. The inshore-offshore prohibitions paragraph 
(Sec. 679.7(a)(7)) is expanded to accommodate the differences between 
the inshore and offshore component definitions in the BSAI and the GOA, 
respectively, as explained above. The final rule prohibitions are 
substantially the same as those in the proposed rule, however, in that 
they prohibit the operation of a vessel in more than one category of 
the inshore component or in the inshore and offshore component during 
the same fishing year.
    3. Allocations specified. The specific allocations of the pollock 
TACs in the BSAI in Sec. 679.20(a)(6)(i) are changed for consistency 
with the AFA. This final rule references section 206(b) of the AFA as 
governing these allocations instead of explicitly specifying the AFA 
inshore and offshore allocations. These allocations will be made 
effective for 1999 through the annual specifications notices required 
under Sec. 679.20(c). Likewise, Sec. 679.20(b)(1)(iv) is allowed to 
expire because non-specific reserve amounts of pollock are superceded 
by the AFA. The Council may submit another FMP amendment during 1999 to 
formally integrate the AFA provisions into the FMP for the Groundfish 
Fishery of the BSAI.
    With respect to the GOA allocations, no substantive changes are 
made in this final rule. Minor changes were made, however, in light of 
the new defined terms for inshore and offshore components. Similar 
editorial changes are made in the final rule paragraphs (b)(2) and 
(c)(4) of Sec. 679.20 to differentiate the duration dates and inshore 
and offshore component terms defined for the BSAI and GOA, 
respectively.
    The proposed BSAI pollock TAC ``set-aside'' for vessels less than 
125 ft (38.1 m) LOA, is not included in the final rule because NMFS has 
disapproved this part of Amendment 51 (see above).
    4. Area closures. The proposed duration date for the CVOA is 
omitted in this final rule because the approved BSAI Amendment 51 text 
does not explicitly state an expiration date for the CVOA. In addition, 
the proposed exclusion of ``vessels catching pollock for processing by 
the offshore component'' from the CVOA (in proposed 
Sec. 679.22(a)(5)(ii)) is removed from this final rule because this 
part of the Amendment 51 CVOA proposal was disapproved. In effect, the 
approved CVOA provision as implemented by this rule is the same as the 
CVOA provision in effect during 1996 through 1998.
    5. Seasons. The effective duration date is changed for the 
restrictions that apply to the offshore component in the BSAI (at 
Sec. 679.23(e)(2)(ii)). This change is made to achieve consistency with 
the AFA. In addition, the proposed season beginning date for vessels 
less than 125 ft (38.1 m) LOA fishing for the pollock ``set-aside'' is 
not included in this final rule because this part of Amendment 51 was 
disapproved. This provision was proposed at Sec. 679.23(e)(2)(iii) 
which is removed from this final rule. As a result, proposed 
Sec. 679.23(e)(2)(iv), the B season fair start provision, is 
redesignated as Sec. 679.23(e)(2)(iii) and edited to remove reference 
to the ``set-aside'' season provision.
    NMFS anticipates that the restrictions on season start dates for 
the offshore component in the BSAI set forth at Sec. 679.23(e)(2)(ii) 
and (iii) will be subject to change under subsequent rulemaking to 
implement Steller sea lion mitigation measures.

Response to Comments

    The public comment period on Amendments 51/51 ended on November 16, 
1998, as announced in the NOA published September 16, 1998 (63 FR 
49540). The comment period on the proposed rules to implement the 
amendments ended on December 14, 1998, as announced in the proposed 
rule published on October 29, 1998 (63 FR 57996). All comments received 
on the amendments and the proposed rule are summarized and responded to 
below. A total of 71 letters of comment were received. Of the total, 65 
letters essentially made the same comment and are summarized under 
Comment 1. One letter responded with no comment and one letter asked 
for an extension of the comment period which was denied.

[[Page 3656]]

    Comment 1. The existing allocation of 35 percent inshore and 65 
percent offshore has worked well since 1992. Both sectors of the 
pollock processing industry have been able to prosper under this 
allocation. Moving more pollock from the offshore to the inshore sector 
will hurt employment in the offshore sector. Comment writers were 
fearful of the negative economic effects on their families and their 
communities of allocating pollock TAC away from the offshore vessels 
and supported maintaining the 35/65 split of the pollock TACs for 
inshore-offshore allocation.
    Response. NMFS appreciates the economic significance of the pollock 
fishing and processing industry. Passage of the AFA, however, removed 
the pollock allocation decision from the Council's and NMFS's 
authority, and NMFS is not making the BSAI reallocations in this final 
rule. NMFS expects to implement the APA-mandated allocations through 
the final specifications and other proposed and final rules. NMFS will 
analyze the economic impacts of such allocations at the time of those 
rulemakings.
    Comment 2. The small vessel set-aside adversely restricts access to 
a certain portion of the Bering Sea pollock resource based on the size 
of catcher vessels. The analyses do not support a decision to approve 
the set-aside, especially in light of the AFA. The root cause of the 
market erosion experienced by smaller vessels is not adequately 
identified. The small vessel set-aside will increase the amount of 
pollock caught without observers aboard because vessels under 125 ft 
(38.1 m) LOA have less observer coverage than larger vessels. Increased 
catches by smaller vessels will increase operating inefficiencies and 
safety problems.
    Response. The partial approval of BSAI Amendment 51 did not include 
the proposed small vessel set-aside provision. NMFS determined that 
this provision was unnecessary in light of the AFA. The Council also 
reached this conclusion at its meeting in November 1998 (see Comment 
5).
    Comment 3. Concern was expressed about the proposal to prohibit 
catcher vessels that deliver pollock to the offshore sector from 
operating in the CVOA. Moving the catcher vessels that deliver to 
motherships out of the CVOA during the B season may pose an increased 
safety risk. Accident records of the U.S. Coast Guard for the last 5 
years indicate more vessels under 124 ft (37.8 m) were lost outside of 
the CVOA than were lost inside the CVOA.
    Response. NMFS did not approve the offshore catcher vessel 
prohibition part of the CVOA proposal (see above).
    Comment 4. Council discussion of the issue of prohibiting catcher 
vessels from the CVOA if they deliver to motherships centered on the 
contention that catcher/processors were disadvantaged by the 
motherships ability to operate in the CVOA. This contention is wrong 
because catcher/processors are allowed to operate in the CVOA if they 
operate in the same manner as motherships (i.e. do not catch pollock 
but only receive pollock from catcher vessels). Mothership operations 
have no competitive advantage over catcher/processor inside the CVOA. 
Catcher/processors normally choose to fish outside of the CVOA for 
economic, not regulatory, reasons. With the passage of the AFA, the 
Council's proposal regarding offshore catcher vessels in the CVOA 
becomes moot because it fixes the allocation of pollock between 
motherships and catcher/processors.
    Response. NMFS agrees and did not approve the offshore catcher 
vessel prohibition part of the CVOA proposal (see above).
    Comment 5. The Council commented on its BSAI Amendment 51 proposal 
in light of the AFA and based on Council discussions at its special 
meeting in November 1998. The Council recommended substituting the 
pollock allocation percentages and duration provisions of the AFA for 
those proposed in BSAI Amendment 51. The Council also recommended that 
the TAC set-aside for small vessels and the exclusion of offshore 
catcher vessels from the CVOA be found unnecessary given the explicit 
allocations under the AFA that increase the inshore component's share 
of the TAC and allow the inshore component to form cooperative 
agreements under the AFA. Although originally submitted as a non-
severable FMP amendment proposal, the passage of the AFA represents a 
unique situation which requires partial disapproval of the Council's 
earlier recommendations.
    Response. NMFS agrees and has disapproved the proposed provisions 
for a small vessel set-aside and the exclusion of offshore catcher 
vessels from the CVOA. The Magnuson-Stevens Act does not allow NMFS to 
substitute new provisions for those recommended by a Regional Council. 
The Act allows only the approval, disapproval, or partial approval of 
the Council's recommended provisions. The AFA-mandated allocations of 
the pollock TACs, however, will be implemented in 1999 through the 
annual specification process. A letter from NMFS indicating the 
approved and disapproved portions of Amendments 51/51 was sent to the 
Council on December 15, 1998.

Interim Specifications

    Regulations at Sec. 679.20(c)(1) require annual publication of 
proposed specifications of catch limits in the BSAI and GOA groundfish 
fisheries for the next fishing year. The 1999 proposed specifications 
for the BSAI and the GOA were published on December 30, 1998 (63 FR 
71867 and 71876, respectively). Interim specifications 
(Sec. 679.20(c)(2)) provide for groundfish fisheries that start in 
early January each year and remain in effect until superceded by 
publication of the final specifications. Interim specifications for the 
BSAI and GOA groundfish fisheries were published on January 4, 1999 (64 
FR 50 and 46, respectively). The AFA authorizes the interim 
specification of inshore and offshore amounts for the BSAI pollock 
fisheries. This final rule makes effective the interim allocations of 
inshore and offshore amounts for the GOA pollock and Pacific cod 
fisheries.

Classification

    This action has been determined to be not significant under E.O. 
12866, based on the EA/RIR/FRFA prepared for this action (see 
ADDRESSES).
    The Council prepared an IRFA on the proposed rule to implement 
amendments 51/51. However, as explained above, NMFS has disapproved 
substantial portions of the proposed amendments and is consequently 
implementing only a portion of the provisions described in the proposed 
rule. NMFS has prepared an FRFA that considers only those aspects of 
the proposed rule that are now being implemented.
    This final rule would apply to about 1,508 vessels that 
participated in the GOA groundfish fisheries in 1996, an unknown number 
of which are small entities. The number is unknown because the data 
source for this number, i.e., permit records, does not have any data 
regarding whether the vessel is a small entity. The proportion of these 
vessels that participate in the inshore sector versus the offshore 
sector is unknown. However, NMFS believes that most of these vessels 
are likely inshore small entities because there is virtually no 
offshore fishery in the GOA; 100 percent of the pollock fishery is 
allocated to the inshore component, and ninety percent of the Pacific 
cod fishery is also allocated to the inshore component. The portion of 
the rule implementing the CVOA would apply only to the independent 
catcher vessels

[[Page 3657]]

that participate in the BSAI pollock fishery. The FRFA estimates those 
vessels to consist of about 50 independent catcher vessels all of which 
are small entities.
    The final rule imposes no new reporting, record keeping, or other 
compliance requirements. A description of the need for this action, as 
well as summaries of and responses to public comments, appear in this 
preamble, above. The comment most relevant to the IRFA was Comment one. 
Although the allocations mandated by the AFA may have even more 
pronounced economic impacts than the proposed rule may have had, those 
impacts are no longer associated with this rule. NMFS expects to 
implement these AFA allocations through the final specifications or 
other proposed and final rules. NMFS will analyze the economic impacts 
of those allocations for these future rule makings.
    The approved portions of the amendments (the CVOA and the GOA 
allocations) would benefit the inshore component to the detriment of 
the offshore component. Because most of the small entities affected by 
this final rule participate in the inshore component, while the 
offshore component consists mainly of large entities, the main impacts 
of this final rule are likely to be beneficial to small entities. The 
allocations in the GOA maintain the status quo, but the CVOA 
allocations in the BSAI exclude the catcher processors, which has the 
effect of conveying benefits to small entities. Because NMFS expects 
actions to be beneficial to small entities, NMFS has taken no steps to 
minimize the significant economic impacts on small entities.
    Pursuant to section 7 of the Endangered Species Act, NMFS initiated 
consultation on the effects of proposed Amendments 51/51 and the BSAI 
and GOA pollock fisheries on listed and candidate species, including 
the Steller sea lion and designated critical habitat. The biological 
opinion prepared for this consultation, dated December 3, 1998, and 
revised December 16, 1998, concludes that the BSAI and GOA pollock 
fisheries jeopardize the continued existence of Steller sea lions and 
adversely modify their designated critical habitat. The biological 
opinion contains reasonable and prudent alternatives (RPAs) to mitigate 
the adverse impacts of the pollock fisheries on Steller sea lions. 
Specific measures to implement the RPAs were discussed by the Council 
at its meeting in December 1998 and will be implemented by NMFS through 
emergency rulemaking before the start of the BSAI and GOA pollock 
fisheries in 1999. The effects of Steller sea lion mitigation measures 
on the pollock allocations created under the AFA and GOA Amendment 51 
are uncertain.
    This rule contains no new collection-of-information requirements 
subject to the Paperwork Reduction Act.
    The Assistant Administrator for Fisheries, NOAA, finds there is 
good cause under the authority contained in 5 U.S.C. 553(d) to waive 
the 30-day delay in effective date because the immediate effectiveness 
of this rule is required to prevent the offshore component in the GOA 
from exceeding its statutory allocations of pollock and Pacific cod 
when directed fisheries for these species open in January 1999.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: January 19, 1999.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 679 is amended 
as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 773 et seq., 16 U.S.C. 1801 et seq., and 3631 et seq.

    2. In Sec. 679.2, the definitions of ``Inshore component'' and 
``Offshore component'' are removed and the definitions of ``Inshore 
component in the BSAI'', ``Inshore component in the GOA'', ``Offshore 
component in the BSAI'', and ``Offshore component in the GOA'' are 
added, in alphabetical order, to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Inshore component in the BSAI (applicable through December 31, 
2004) means the following categories that process groundfish harvested 
in the BSAI:
    (1) Shoreside processors, including those eligible under section 
208(f) of the American Fisheries Act; and
    (2) Vessels less than 125 ft (38.1 m) LOA that process less than 
126 mt per week in round-weight equivalents of an aggregate amount of 
pollock and Pacific cod.
    Inshore component in the GOA (applicable through December 31, 2001) 
means the following three categories of the U.S. groundfish fishery 
that process groundfish harvested in the BSAI or GOA:
    (1) Shoreside processing operations;
    (2) Vessels less than 125 ft (38.1 m) LOA that process no more than 
126 mt per week in round-weight equivalents of an aggregate amount of 
pollock and Pacific cod; and
    (3) Vessels that process pollock or Pacific cod, harvested in a 
directed fishery for those species, at a single geographic location in 
Alaska State waters during a fishing year.
* * * * *
    Offshore component in the BSAI (applicable through December 31, 
2004) means all vessels not included in the definition of ``inshore 
component in the BSAI'' that process groundfish in the BSAI.
    Offshore component in the GOA (applicable through December 31, 
2001) means all vessels not included in the definition of ``inshore 
component in the GOA'' that process groundfish in the BSAI or GOA.
* * * * *
    3. In Sec. 679.7, paragraph (a)(7) is revised to read as follows:


Sec. 679.7  Prohibitions.

* * * * *
    (a) * * *
    (7) Inshore-offshore--(i) (Applicable through December 31, 2004). 
Operate any vessel in the BSAI in more than one of the two categories 
included in the definition of ``inshore component in the BSAI,'' in 
Sec. 679.2, during any fishing year.
    (ii) (Applicable through December 31, 2004). Operate any vessel in 
the BSAI under both the ``inshore component in the BSAI'' and the 
``offshore component in the BSAI'' definitions in Sec. 679.2 during the 
same fishing year.
    (iii) (Applicable through December 31, 2001). Operate any vessel in 
the BSAI under both the ``inshore component in the GOA'' and the 
``offshore component in the BSAI'' or under both the ``offshore 
component in the GOA'' and the ``inshore component in the BSAI'' 
definitions in Sec. 679.2 during the same fishing year.
    (iv) (Applicable through December 31, 2001). Operate any vessel in 
the GOA in more than one of the three categories included in the 
definition of ``inshore component in the GOA,'' in Sec. 679.2, during 
any fishing year.
    (v) (Applicable through December 31, 2001). Operate any vessel in 
the GOA under both the ``inshore component in the GOA'' and the 
``offshore component in the GOA'' definitions in Sec. 679.2 during the 
same fishing year.
    (vi) (Applicable through December 31, 2001). Operate any vessel in 
the GOA

[[Page 3658]]

under both the ``inshore component in the GOA'' and the ``offshore 
component in the BSAI'' or under both the ``offshore component in the 
GOA'' and the ``inshore component in the BSAI'' definitions in 
Sec. 679.2 during the same fishing year.
    (vii) (Applicable through December 31, 2001). Operate any vessel 
that processes pollock or Pacific cod, harvested in a directed fishery 
for those species, at a single location in Alaska State waters under 
the ``inshore component in the BSAI'' and the ``inshore component in 
the GOA'' definitions in Sec. 679.2 during the same fishing year.
* * * * *
    4. In Sec. 679.20, paragraphs (a)(6), (b)(2), and (c)(4) are 
revised to read as follows:


Sec. 679.20  General limitations.

* * * * *
    (a) * * *
    (6) Inshore-offshore apportionments--(i) BSAI pollock (applicable 
through December 31, 2004). The apportionment of pollock in each BSAI 
subarea or district and season between the inshore component in the 
BSAI and the offshore component in the BSAI will be the same as that 
specified in section 206(b) of the American Fisheries Act.
    (ii) GOA pollock (applicable through December 31, 2001). The 
apportionment of pollock in all GOA regulatory areas and for each 
season allowance described in paragraph (a)(5)(ii) of this section will 
be allocated entirely to vessels catching pollock for processing by the 
inshore component in the GOA after subtraction of an amount that is 
projected by the Regional Administrator to be caught by, or delivered 
to, the offshore component in the GOA incidental to directed fishing 
for other groundfish species.
    (iii) GOA Pacific cod (applicable through December 31, 2001). The 
apportionment of Pacific cod in all GOA regulatory areas will be 
allocated 90 percent to vessels catching Pacific cod for processing by 
the inshore component in the GOA and 10 percent to vessels catching 
Pacific cod for processing by the offshore component in the GOA.
* * * * *
    (b) * * *
    (2) * * *
    (i) Pollock inshore-offshore reapportionment (applicable through 
December 31, 2001). Any amounts of the GOA reserve that are 
reapportioned to pollock as provided by this paragraph (b) must be 
apportioned between the inshore component in the GOA and the offshore 
component in the GOA in the same proportion specified in paragraph 
(a)(6)(ii) of this section.
    (ii) Pacific cod inshore-offshore reapportionment (applicable 
through December 31, 2001). Any amounts of the GOA reserve that are 
reapportioned to Pacific cod as provided by this paragraph (b) must be 
apportioned between the inshore component in the GOA and the offshore 
component in the GOA in the same proportion specified in paragraph 
(a)(6)(iii) of the section.
* * * * *
    (c) * * *
    (4) Inshore-offshore allocations--(i) BSAI pollock (applicable 
through December 31, 2004). The proposed, interim, and final 
specifications will specify the allocation of pollock for processing by 
the inshore component in the BSAI and the offshore component in the 
BSAI, and any seasonal allowances thereof, as authorized under 
paragraphs (a)(5) and (a)(6) of this section.
    (ii) GOA pollock and Pacific cod (applicable through December 31, 
2001). The proposed, interim, and final specifications will specify the 
allocation of GOA pollock and GOA Pacific cod for processing by the 
inshore component in the GOA and the offshore component in the GOA, and 
any seasonal allowances thereof, as authorized under paragraphs (a)(5) 
and (a)(6) of this section.
* * * * *
    5. In Sec. 679.22, paragraph (a)(5) is revised to read as follows:


Sec. 679.22  Closures.

    (a) * * *
    (5) Catcher Vessel Operational Area (CVOA). The CVOA is defined as 
that part of the BSAI that is south of 56 deg.00' N. lat. and between 
163 deg.00' W. long. and 167 deg.30' W. long. (Figure 2 to part 679).
    (i) Effective time period. The CVOA is established annually during 
the B season, defined at Sec. 679.23(e)(2)(I)(B), from September 1 
until the date that NMFS closes the B season allocation for the inshore 
component in the BSAI to directed fishing.
    (ii) Offshore component in the BSAI restrictions. A catcher/
processor vessel in the offshore component is prohibited from 
conducting directed fishing for pollock in the CVOA unless it is 
operating under a CDP approved by NMFS.
    (iii) Fisheries other than pollock. A vessel that harvests or 
processes groundfish in directed fisheries for species other than 
pollock may operate within the CVOA consistent with the other 
provisions of this part.
* * * * *
    6. In Sec. 679.23, paragraph (e)(2) is revised to read as follows:


Sec. 679.23  Seasons.

* * * * *
    (e) * * *
    (2) Directed fishing for pollock. (i) Subject to other provisions 
of this part, and except as provided in paragraphs (e)(2)(ii) and 
(e)(2)(iii) of this section, directed fishing for pollock is authorized 
only during the following two seasons:
    (A) A season. From 0001 hours A.l.t. January 1 through 1200 hours 
A.l.t. April 15.
    (B) B season. From 1200 hours A.l.t. September 1 through 1200 hours 
A.l.t. November 1.
    (ii) Offshore component in the BSAI restrictions (applicable 
through December 31, 2004)--(A) Offshore A season. Subject to other 
provisions of this part, directed fishing by the offshore component in 
the BSAI, or by vessels catching pollock for processing by the offshore 
component in the BSAI, is authorized from 1200 hours A.l.t. January 26 
through 1200 A.l.t. April 15.
    (B) Offshore A season ``fair start'' requirement. Directed fishing 
for pollock by the offshore component in the BSAI, or by vessels 
catching pollock for processing by the offshore component in the BSAI, 
is prohibited through 1200 hours A.l.t., February 5, for any vessel 
that is used to fish in a non-CDQ fishery for groundfish in the BSAI or 
GOA, or for king or Tanner crab in the BSAI prior to 1200 hours, 
A.l.t., January 26 of the same year.
    (iii) B season ``fair start'' requirement. Directed fishing for 
pollock is prohibited from 1200 hours, A.l.t., September 1, through 
1200 hours, A.l.t., September 8, for any vessel that is used to fish 
for groundfish with trawl gear in a non-CDQ fishery in the BSAI or GOA 
between 1200 hours, A.l.t., August 25, and 1200 hours, A.l.t., 
September 1.
* * * * *
[FR Doc. 99-1529 Filed 1-20-99; 12:36 pm]
BILLING CODE 3510-22-F