[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Rules and Regulations]
[Pages 12103-12116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6027]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 121098D]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Final 1999 Harvest Specifications for Groundfish

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

ACTION: Final 1999 harvest specifications for groundfish; associated 
management measures; apportionment of reserves; request for comments.

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SUMMARY: NMFS announces final 1999 harvest specifications and 
prohibited species bycatch allowances for the groundfish fishery of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to establish harvest limits and associated management 
measures for groundfish for the 1999 fishing year and to accomplish the 
goals and objectives of the Fishery Management Plan for the Groundfish 
Fishery of the Bering Sea and Aleutian Islands Area (FMP). The intended 
effect of this action is to conserve and manage the groundfish 
resources in the BSAI.

DATES: The final 1999 harvest specifications, associated management 
measures, and apportionment of reserves are effective at 1200 hrs, 
Alaska local time (A.l.t.), March 8, 1999 through 2400 hrs, A.l.t., 
December 31, 1999. Comments on the apportionment of reserves must be 
received by March 26, 1999.

ADDRESSES: The final Environmental Assessment and Final Regulatory 
Flexibility Analysis prepared for the 1999 Total Allowable Catch 
Specifications may be obtained from the Sustainable Fisheries Division, 
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori 
Gravel, or by calling 907-586-7229. Comments on the apportionment of 
reserves may be sent to Sue Salveson, Assistant Regional Administrator 
for the Sustainable Fisheries Division, at the same address.
    The Final 1999 Stock Assessment and Fishery Evaluation (SAFE) 
report, dated November 1998, is available from the North Pacific 
Fishery Management Council, West 4th Avenue, Suite 306, Anchorage, AK 
99510-2252 (907-271-2809).

FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background for the 1999 Harvest Specifications

    Groundfish fisheries in the BSAI are governed by Federal 
regulations at 50 CFR part 679 that implement the FMP. The Council 
prepared the FMP, and NMFS approved it under the Magnuson-Stevens 
Fishery Conservation and Management Act. General regulations governing 
U.S. fisheries also appear at 50 CFR part 600.

[[Page 12104]]

    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species and the ``other species'' category, 
the sum of which must be within the optimum yield range of 1.4 million 
to 2.0 million mt (Sec. 679.20(a)(1)(i)). Regulations at 
Sec. 679.20(c)(3) further require NMFS to consider public comment 
received on proposed annual TACs and apportionments thereof and on 
proposed prohibited species catch (PSC) allowances and to publish final 
specifications in the Federal Register. The final specifications set 
forth in Tables 1 through 8 of this action satisfy these requirements. 
For 1999, the sum of the TACs is 2 million mt. Tables 9 through 11 
specify harvest limitations for the catcher/processors listed in 
section 208(e) (1) through (20) of the American Fisheries Act (AFA) 
(Division C, title II of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999: Public Law No. 105-277).
    The proposed BSAI groundfish specifications and prohibited species 
bycatch allowances for the groundfish fishery of the BSAI were 
published in the Federal Register on December 30, 1998 (63 FR 71867). 
Comments were invited and accepted through January 25, 1999. NMFS 
received one comment on the proposed specifications. This comment, as 
well as comments submitted on Amendments 51/51 regarding economic 
impacts of the inshore offshore allocation, are summarized and 
responded to in the Response to Comments section. Public consultation 
with the Council occurred during the December 1998 Council meeting in 
Anchorage, AK. After considering public comments received, as well as 
biological and economic data that were available at the Council's 
December meeting, NMFS is implementing the final 1999 groundfish 
specifications as recommended by the Council.
    Regulations at Sec. 679.20(c)(2)(ii) establish interim amounts of 
each proposed initial TAC (ITAC) and allocations thereof and proposed 
PSC allowances established under Sec. 679.21 that become available at 
0001 hours A.l.t., January 1 and remain available until superseded by 
the final specifications. NMFS published the interim 1999 groundfish 
harvest specifications in the Federal Register on January 4, 1999 (64 
FR 50). The interim TACs for pollock and Atka mackerel were revised by 
subsequent rulemaking effective January 20, 1999 (64 FR 3437 and 64 FR 
3446, respectively). Regulations at Sec. 679.20(c)(2)(ii) do not 
provide for an interim specification either for the hook-and-line and 
pot gear sablefish community development quota (CDQ) reserve or for 
sablefish managed under the Individual Fishing Quota management plan. 
The final 1999 groundfish harvest specifications and prohibited species 
bycatch allowances contained in this action supersede the interim 1999 
specifications.

Acceptable Biological Catch (ABC) and TAC Specifications

    The Council, its Advisory Panel (AP), and its Scientific and 
Statistical Committee (SSC) reviewed current biological information 
about the condition of groundfish stocks in the BSAI at their October 
and December 1998 meetings. This information was compiled by the 
Council's Plan Team and is presented in the final 1999 SAFE report for 
the BSAI groundfish fisheries, dated November 1998. The SAFE report 
contains a review of the latest scientific analyses and estimates of 
each species' biomass and other biological parameters, as well as 
summaries of the available information on the BSAI ecosystem and the 
economic condition of groundfish fisheries off Alaska. From these data 
and analyses, the Plan Team estimates an ABC for each species or 
species category.
    The ABC amounts adopted by the Council for the 1999 fishing year 
are based on the best available scientific information, including 
projected biomass trends, information on assumed distribution of stock 
biomass, and revised technical methods used to calculate stock biomass. 
In general, the development of ABC and overfishing levels involves 
sophisticated statistical analyses of fish populations and is based on 
a successive series of six levels, or tiers, of reliable information 
available to fishery scientists. Details of the Plan Team's 
recommendations for 1999 overfishing and ABC amounts for each species 
are provided in the final 1999 SAFE report.
    At its October 1998 meeting, the SSC, AP, and Council reviewed the 
Plan Team's preliminary recommendations for 1999 proposed ABC amounts. 
The preliminary ABCs for each species for 1999 and other biological 
data from the September 1998 draft SAFE report were provided in the 
discussion supporting the proposed 1999 specifications (63 FR 71867, 
December 30, 1998). Based on the SSC's comments concerning technical 
methods and on new biological data not available in September, the Plan 
Team revised its ABC recommendations in the final SAFE report. The 
revised ABC recommendations were again reviewed and endorsed by the 
SSC, AP, and Council at their December 1998 meetings. The final ABCs as 
adopted by the Council are listed in Table 1.
    The final TAC recommendations were based on the ABCs as adjusted 
for other biological and socioeconomic considerations, including 
maintaining the sum of the TACs in the required optimum (OY) range of 
1.4 million to 2.0 million mt. The Council utilized the AP's TAC 
recommendations as a starting point while also considering individual 
stock vulnerability and ecosystem level concerns brought forth by the 
Plan Team and the SSC. None of the Council's recommended TACs for 1999 
exceeds the final ABC for any species category. Therefore, NMFS finds 
that the recommended TACs are consistent with the biological condition 
of groundfish stocks.
    Table 1 lists the 1999 ABC, TAC, ITAC, and CDQ reserve amounts, 
overfishing levels, and initial apportionments of groundfish in the 
BSAI. The apportionment of TAC amounts among fisheries and seasons is 
discussed below.

  Table 1.--1999 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation, and Overfishing Levels of
                                            Groundfish in the Bering Sea and Aleutian Islands Area (BSAI) \1\
                                                            [All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Overfishing
                  Species                               Area                   level            ABC             TAC          ITAC \2\       CDQ reserve
------------------------------------------------------------------------------------------------------------------------------------------------\3\-----
Pollock \4\...............................  Bering Sea (BS).............       1,720,000         992,000         992,000         892,800          99,200
                                            Aleutian Islands (AI).......          31,700          23,800           2,000           1,800             200

[[Page 12105]]

 
                                            Bogoslof District...........          21,000          15,300           1,000             900             100
Pacific cod...............................  BSAI........................         264,000         177,000         177,000         150,450          13,275
Sablefish \5\.............................  BS..........................           2,090           1,340           1,340             569             184
                                            AI..........................           2,890           1,860           1,380             293             232
Atka mackerel.............................  Total.......................         148,000          73,300          66,400          56,440           4,980
                                            Western AI..................  ..............          30,700          27,000          22,950           2,025
                                            Central AI..................  ..............          25,600          22,400          19,040           1,680
                                            Eastern AI/BS...............  ..............          17,000          17,000          14,450           1,275
Yellowfin sole............................  BSAI........................         308,000         212,000         207,980         176,783          15,598
Rock sole.................................  BSAI........................         444,000         309,000         120,000         102,000           9,000
Greenland turbot..........................  Total.......................          29,700          14,200           9,000           7,651             674
                                            BS..........................  ..............           9,514           6,030           5,126             452
                                            AI..........................  ..............           4,686           2,970           2,525             222
Arrowtooth flounder.......................  BSAI........................         219,000         140,000         134,354         114,201          10,076
Flathead sole.............................  BSAI........................         118,000          77,300          77,300          65,705           5,797
Other flatfish \6\........................  BSAI........................         248,000         154,000         154,000         130,900          11,550
Pacific ocean perch.......................  BS..........................           3,600           1,900           1,400           1,190             105
                                            AI Total....................          19,100          13,500          13,500          11,476           1,011
                                            Western AI..................  ..............           6,220           6,220           5,287             466
                                            Central AI..................  ..............           3,850           3,850           3,273             288
                                            Eastern AI..................  ..............           3,430           3,430           2,916             257
Other red rockfish \7\....................  BS..........................             356             267             267             227              20
Sharpchin/Northern........................  AI..........................           5,640           4,230           4,230           3,596             317
Shortraker/rougheye.......................  AI..........................           1,290             965             965             821              72
Other rockfish \8\........................  BS..........................             492             369             369             314              27
                                            AI..........................             913             685             685             583              51
Squid.....................................  BSAI........................           2,620           1,970           1,970           1,675           (\9\)
Other species \10\........................  BSAI........................         129,000          32,860          32,860          27,931           2,464
                                                                         -------------------------------------------------------------------------------
    Total.................................  ............................       3,719,391       2,247,846       2,000,000       1,748,305        174,933
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) Subarea unless otherwise specified. With the exception of pollock and
  for the purpose of these specifications, the Bering Sea subarea includes the Bogoslof District.
\2\ Except for pollock and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is put into a reserve. The
  ITAC for each species is the remainder of the TAC after the subtraction of these reserves.
\3\ Except for pollock and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the TACs placed in reserve, or 7.5 percent
  of the TACs, is designated as a CDQ reserve for use by CDQ participants (see Sec.  679.31(a)(1)). Fifteen percent of the groundfish CDQ reserve
  established for arrowtooth flounder and ``other species'' is allocated to a non-specific CDQ reserve found at Sec.  679.31(g).
\4\ Ten percent of the pollock TAC is allocated to the pollock CDQ fishery under paragraph 206(a) of the AFA. The pollock ITAC is equal to the TAC minus
  the CDQ allocation. Under authority of the AFA, NMFS is allocating 6 percent of the pollock ITAC as an incidental catch allowance (see section 206(b)
  of the AFA). NMFS, under regulations at Sec.  679.20(a)(5)(i)(B), allocates zero mt of pollock to nonpelagic trawl gear. This action is based on the
  Council's intent to prohibit the use of nonpelagic trawl gear in 1999 because of concerns of unnecessary incidental catch with bottom trawl gear in
  the pollock fishery.
\5\ Regulations at Sec.  679.20(b)(1) do not provide for the establishment of an ITAC for the hook-and-line and pot gear allocation for sablefish. The
  ITAC for sablefish reflected in Table 1 is for trawl gear only. Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is
  reserved for use by CDQ participants (see Sec.  679.31(c)).
\6\ ``Other flatfish'' includes all flatfish species, except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole,
  yellowfin sole, and arrowtooth flounder.
\7\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern rockfish.
\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin, northern, shortraker, and rougheye
  rockfish.
\9\ A final rule effective on January 21, 1999, was published in the Federal Register on January 26, 1999 (64 FR 3877) which removes squid from the CDQ
  program.
\10\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec.  679.2, are not included in the ``other species''
  category.

Reserves and the Incidental Catch Allowance for Pollock

    Regulations at Sec. 679.20(b)(1)(i) require that 15 percent of the 
TAC for each target species or species group, except for the hook-and-
line and pot gear allocation of sablefish, be placed in a non-specified 
reserve. The AFA supersedes this provision for pollock by requiring 
that the 1999 TAC for this species be fully allocated among the CDQ 
program, incidental catch allowance, and inshore, catcher/processor, 
and mothership directed fishery allowances.
    With the exception of squid, regulations at Sec. 679.20(b)(1)(iii) 
require that one half of each TAC amount placed in the non-specified 
reserve be allocated to the groundfish CDQ reserve and that 20 percent 
of the hook-and-line and pot gear allocation of sablefish be allocated 
to the fixed gear sablefish CDQ reserve. Section 206(a) of the AFA 
requires that 10 percent of the pollock TAC be allocated to the pollock 
CDQ reserve. With the exception of the hook-and-line and pot gear 
sablefish CDQ reserve, the CDQ reserves are not further apportioned by 
gear. Regulations at Sec. 679.21(e)(1)(i) also require that 7.5 percent 
of each PSC limit, with the exception of herring, be withheld as a

[[Page 12106]]

PSQ reserve for the CDQ fisheries. Regulations governing the management 
of the CDQ and PSQ reserves are set forth at Secs. 679.30 and 679.31.
    Under section 206(b) of the AFA, NMFS is specifying a pollock 
incidental catch allowance of 6 percent of the pollock TAC after 
subtraction of the 10 percent CDQ reserve. This allowance was 
determined based on an examination of the incidental catch of pollock 
in non-pollock target fisheries from 1994 through 1997. During this 4-
year period, the incidental catch of pollock as a percentage of the TAC 
ranged from a low of 4.9 percent in 1996 to a high of 6.3 percent in 
1997 with a 4-year average of 5.6 percent. NMFS acknowledges that the 
incidental catch of pollock in other fisheries declined in 1998 to 
about 3 percent of the TAC, possibly as a result of new mandatory 
retention and utilization standards for this species (Sec. 679.27). 
However, NMFS believes that a 6-percent incidental catch allowance is 
needed for 1999 in order to effectively manage the fishery without 
exceeding the overall TAC for pollock.
    The Administrator, Alaska Region, NMFS (Regional Administrator) has 
determined that the ITACs specified for the species listed in Table 2 
need to be supplemented from the non-specified reserve because U.S. 
fishing vessels have demonstrated the capacity to harvest their full 
TAC allocations. Therefore, in accordance with Sec. 679.20(b)(3), NMFS 
is apportioning the amounts shown in Table 2 from the nonspecified 
reserve to increase the ITAC to an amount that is equal to TAC minus 
CDQ reserve. A release of a portion of the pollock incidental catch 
allowance is discussed separately below.

         Table 2.--Apportionment of Reserves to ITAC Categories
------------------------------------------------------------------------
                                          Reserve amount    Final ITAC
        Species--area or subarea               (mt)            (mt)
------------------------------------------------------------------------
Atka mackerel--Western Aleutian Islands.           2,025          24,975
Atka mackerel--Central Aleutian Islands.           1,680          20,720
Atka mackerel--Eastern Aleutian Is. &              1,275          15,725
 Bering Sea subarea.....................
Pacific ocean perch--Western Aleutian                466           5,753
 Islands................................
Pacific ocean perch--Central Aleutian                288           3,561
 Islands................................
Pacific ocean perch--Eastern Aleutian                257           3,173
 Islands................................
Pacific cod--BSAI.......................          13,275         163,725
Shortraker/rougheye rockfish--Aleutian                72             893
 Islands................................
Sharpchin/Northern rockfish--Aleutian                317           3,913
 Islands................................
                                         -------------------------------
    Total...............................          19,655         242,438
------------------------------------------------------------------------

Apportionment of Pollock TAC to Vessels Using Nonpelagic Trawl Gear

    Regulations at Sec. 679.20(a)(5)(i)(B) authorize NMFS, in 
consultation with the Council, to limit the amount of pollock that may 
be taken in the directed fishery for pollock using nonpelagic trawl 
gear. At its June 1998 meeting, the Council adopted management measures 
that, if approved by NMFS, would prohibit the use of nonpelagic trawl 
gear in the directed fishery for pollock and reduce specified 
prohibited species bycatch limits by amounts equal to anticipated 
savings in bycatch or bycatch mortality that would be expected from 
this prohibition.
    At its December 1998 meeting, NMFS informed the Council that the 
proposed prohibition on the use of nonpelagic trawl gear in the BSAI 
pollock fishery will not be effective in time for the 1999 pollock A 
season fishery that started on January 20. Therefore, the Council 
recommended that none of the BSAI pollock TAC be allocated to the 
directed fishery for pollock with nonpelagic trawl gear. NMFS concludes 
that this action is necessary to reduce unnecessary bycatch of PSC and 
incidental catch of other groundfish species in the 1999 pollock 
fishery and to carry out the Council's intent for this fishery.

Pollock Allocations Under the AFA

    Section 206(a) of the AFA requires that 10 percent of the BSAI 
pollock TAC be allocated as a directed fishing allowance to the CDQ 
program. The remainder of the BSAI pollock TAC, after the subtraction 
of an allowance for the incidental catch of pollock by vessels, 
including CDQ vessels, harvesting other groundfish species, is 
allocated as follows: 50 percent to catcher vessels harvesting pollock 
for processing by the inshore component, 40 percent to catcher/
processors and catcher vessels harvesting pollock for processing by 
catcher/processors in the offshore component, and 10 percent to catcher 
vessels harvesting pollock for processing by motherships in the 
offshore component.
    The AFA also contains three specific requirements concerning 
pollock and pollock allocations. First, section 210(c) of the AFA 
requires that not less than 8.5 percent of the pollock allocated to 
vessels for processing by offshore catcher/processors be available for 
harvest by offshore catcher vessels listed in section 208(b) harvesting 
pollock for processing by offshore catcher/processors listed in section 
208(e). These amounts are listed in Table 3. Second, paragraph 
210(e)(1) prohibits any individual, corporation, or other entity from 
harvesting a total of more than 17.5 percent of the pollock available 
to be harvested in the directed pollock fishery. For 1999, based on a 
TAC of 992,000 mt, this limit is 173,600 mt. Third, paragraph 
208(e)(21) of the AFA specifies that catcher/processors qualifying to 
fish for pollock under this paragraph are prohibited from harvesting in 
the aggregate a total of more than one-half (0.5) percent of the 
pollock allocated to vessels for processing by offshore catcher/
processors.

Implementation of Steller Sea Lion Conservation Measures

    On January 22, 1999, NMFS published an emergency interim rule (64 
FR 3437), 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. The emergency rule, effective 
January 20, 1999, through July 19, 1999, implements three types of 
management measures for the pollock fisheries in the BSAI: (1) measures 
to temporarily disperse fishing effort, (2) measures to spatially 
disperse fishing effort, and (3) pollock trawl exclusion zones around 
important Steller sea lion rookeries and haulouts.

[[Page 12107]]

    The Council, as part of its emergency rule, recommended that NMFS 
close the entire Aleutian Islands Subarea to directed fishing for 
pollock and that the pollock TAC for the Aleutian Islands subarea be 
reduced to 2,000 mt to provide for incidental catch of pollock by 
vessels participating in other groundfish fisheries (see Table 1).
    Emergency interim regulations at Secs. 679.20(a)(5)(i)(C) and 
679.23(e)(4) apportion the pollock ITAC in the BSAI for the inshore and 
catcher/processor sectors into four seasonal allowances as follows: A1 
season, January 20 through February 15, 27.5 percent; A2 season, 
February 20 through April 15, 12.5 percent; B season, August 1 through 
September 15, 30 percent; C season, September 15 until November 1, 30 
percent (see Table 3 below). The mothership sector has a combined A1-A2 
seasonal allowance beginning on February 1 and ending on April 15, 
equal to 40 percent of the pollock allocation to this sector. The 
mothership B and C seasonal apportionments are equal to those of the 
inshore and catcher/processor sectors. The Council recommended that the 
CDQ pollock reserve be apportioned into two seasonal allowances: A 
season, January 20 through April 15, 45 percent of the CDQ reserve for 
pollock; B season, April 15 through December 31, 55 percent of the CDQ 
reserve for pollock.
    Under the emergency rule, overages and underages of seasonal TAC 
apportionments are ``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 and limitations on harvest within critical habitat.
    The Regional Administrator has determined that a portion of the 
pollock incidental catch allowance equal to 7,142 mt should be 
apportioned to the directed fishery in the Bering Sea subarea for the A 
season only. The amount of pollock apportioned in effect reduces the 
combined A1-A2 incidental catch allowance for pollock to 4 percent. 
This is required to allow for the maximum harvest of the pollock TAC 
within the seasonal harvest limitations of the emergency rule (64 FR 
3437), which prohibits apportioning amounts of pollock into the B or C 
seasons that would cause any seasonal harvest to exceed 30 percent of 
the annual pollock TAC. Due to concerns over the unpredictability of 
the 1999 pollock fishery, NMFS at this time is not apportioning any of 
the B or C incidental catch allowances. However, NMFS may adjust these 
specifications if the remaining pollock incidental catch allowance 
appears to be in excess of anticipated catch in non-pollock groundfish 
fisheries and an apportionment is necessary to allow for maximum 
harvest of the pollock TAC. Conversely, NMFS may determine that the 
incidental catch allowance must be increased to fully account for the 
incidental catch of pollock in non-pollock directed groundfish 
fisheries. Any adjustments to the 1999 pollock incidental catch 
allowance will be accompanied under separate rulemaking that NMFS must 
pursue to provide for management of pollock during the B and C seasons.
    The management measures contained in the emergency rule are 
effective through July 19, 1999. NMFS anticipates extending these 
provisions an additional 180 days upon recommendation by the Council 
with additional modifications as required by the Biological Opinion on 
the pollock and Atka mackerel fisheries dated December 3, 1998, and 
revised December 16, 1998. Consequently, these final specifications may 
be further amended to comport with future emergency rulemaking.

          Table 3.--Seasonal Allowances of the Inshore, Catcher/Processor, Mothership, and CDQ Component Allocations of Pollock TAC Amounts \1\
                                                            [All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Seasonal Apportionments
                                                                           -----------------------------------------------------------------------------
                            Sector                               1999 TAC            A-1 \2\                   A-2 \3\
                                                                           ----------------------------------------------------    B \4\        C \5\
                                                                               Total       CH limit      Total       CH limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea Subarea...........................................      992,000  ...........  ...........  ...........  ...........  ...........  ...........
    Inshore..................................................      423,187      117,850   \6\ 82,495       53,568   \7\ 37,498      125,885      125,885
    Offshore C/Ps \7\........................................      338,550       94,280       37,712       42,855       17,142      100,708      100,708
        Catch by C/Ps........................................      309,773       86,266       34,506       39,212       15,685       92,148       92,148
    Catch by CVs.............................................       28,777        8,014        3,206        3,643        1,457        8,560        8,560
        Sec. 208(e)(21) \8\..................................        1,693          685  ...........  ...........  ...........          504          504
    Mothership \9\...........................................       84,637       34,284       17,142  ...........  ...........       25,177       25,177
    Incidental catch \10\....................................       46,426  ...........  ...........  ...........  ...........  ...........  ...........
    CDQ \11\.................................................       99,200       44,640       44,640  ...........  ...........       54,560  ...........
Aleutian Islands \12\........................................        2,000
    Inshore..................................................          846
    Offshore C/Ps............................................          676
        Catch by C/Ps........................................          619
        Catch by CVs.........................................           57
    Mothership...............................................          169
    Incidental catch.........................................          109
    CDQ......................................................          200
Bogoslof District \12\.......................................        1,000
    Inshore..................................................          423
    Offshore C/Ps............................................          338
    Catch by C/Ps............................................          309
    Catch by CVs.............................................           28
    Mothership...............................................           84
    Incidental catch.........................................           55

[[Page 12108]]

 
    CDQ......................................................         100
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ After subtraction for the CDQ reserve and the incidental catch allowance, the pollock TAC is allocated as follows: inshore component--50 percent,
  catcher/processor component--40 percent, and mothership component--10 percent. Under section 206(a) of the AFA, the CDQ reserve for pollock is 10
  percent. NMFS, under regulations at Sec.  679.20(a)(5)(i)(B), allocates zero mt of pollock to nonpelagic trawl gear. This action is based on the
  Council's intent to prohibit the use of nonpelagic trawl gear in 1999 because of concerns of unnecessary incidental catch with bottom trawl gear in
  the pollock fishery. Amounts are in metric tons.
\2\ January 20 through February 15.
\3\ February 20 through April 15.
\4\ August 1 through September 15.
\5\ September 15 through November 1.
\6\ Under the emergency rule (64 FR 3437), NMFS will close the Critical Habitat (CH)/CVOA conservation zone to inshore vessels greater than 99 ft (30.4
  m) LOA while maintaining a sufficient CH/CVOA allowance to support fishing activities by inshore catcher vessels under 99 ft (30.4 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.
\7\ Section 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance allocated to listed catcher/processors (C/Ps)
  shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed catcher/processors.
\8\ The AFA requires that vessels described in section 208(e)(21) be prohibited from exceeding a harvest amount of one-half of one percent of the
  directed fishing allowance allocated to vessels for processing by listed catcher/processors.
\9\ The mothership sector has a single A season apportionment from February 1 through April 15, which is equal to 40 percent of its annual pollock
  allocation.
\10\ The pollock incidental catch allowance is 6 percent of the TAC after subtraction of the CDQ reserve. However, an amount of the incidental catch
  allowance in the Bering Sea Subarea (7,142 mt), is apportioned to the directed fishery, to reduce the A season incidental catch allowance to 4
  percent.
\11\ The CDQ sector has two seasonal allocations, the first from January 20 through April 15 (45 percent of their annual CDQ reserve) and the second
  from April 15 through December 31 (55 percent of their annual CDQ reserve). The CDQ sector can harvest its entire allocation within designated
  critical habitat areas which are open for fishing.
\12\ The Aleutian Islands Subarea and the Bogoslof District are closed to directed fishing for pollock. The amounts specified are for incidental catch
  amounts only, and are not apportioned by season.

Allocation of the Atka Mackerel TAC

    Due to concerns about the potential impact of the Atka mackerel 
fishery on Steller sea lions and their critical habitat, NMFS published 
a final rule on January 22, 1999 (64 FR 3446), which implements 
temporal and spatial changes in the Atka mackerel fisheries. This rule 
divides the BSAI Atka mackerel ITAC into two equal seasonal allowances. 
The first allowance is made available for directed fishing from January 
1 to April 15 (A season), and the second seasonal allowance is made 
available from September 1 to November 1 (B season)(Table 4). 
Additionally, fishing with trawl gear in areas defined as Steller sea 
lion critical habitat (see Table 1, Table 2, and Figure 4 to 50 CFR 
part 226), within the Western and Central Aleutian Islands subareas is 
prohibited during each Atka mackerel season when specified percentages 
of the TAC are harvested within designated critical habitat areas. In 
1999, the specified catch percentage is 65 percent of each seasonal 
allowance for the Western Aleutian Islands and 80 percent of each 
seasonal allowance for the Central Aleutian Islands. A Steller sea lion 
critical habitat closure to fishing with trawl gear within a district 
will remain in effect until NMFS closes Atka mackerel to directed 
fishing within the same district.
    For the Eastern Aleutian Islands and Bering Sea subarea, no 
critical habitat closures are established under the final rule based on 
Atka mackerel catch percentages inside critical habitat areas. However, 
the final rule does include a variety of changes to current critical 
habitat designations in both time and space within the Aleutian Islands 
District. See the final rule published on January 22, 1999 (64 FR 
3446), for a detailed description of regulatory changes to the Atka 
mackerel fishery.
    Under Sec. 679.20(a)(8), up to 2 percent of the Eastern Aleutian 
Islands district and the Bering Sea subarea Atka mackerel ITAC may be 
allocated to the jig gear fleet. The amount of this allocation is 
determined annually by the Council based on several criteria, including 
the anticipated harvest capacity of the jig gear fleet. At its December 
1998 meeting, the Council recommended that 1 percent of the Atka 
mackerel TAC in the Eastern Aleutian Islands district/Bering Sea 
subarea be allocated to the jig gear fleet. Based on an ITAC of 15,725 
mt, the jig gear allocation is 157 mt.

   Table 4.-- 1999 Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI Atka Mackerel
                                                   TAC,\1\ \2\
                                        [All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                 Seasonal apportionment \3\
                                                                           -------------------------------------
                                                           CDQ                 A season \4\       B season \5\
            Subarea and component                TAC     reserve    ITAC   -------------------------------------
                                                                                     CH limit           CH limit
                                                                             Total      \6\     Total      \6\
----------------------------------------------------------------------------------------------------------------
Western Aleutian Islands.....................   27,000     2,025    24,975   12,487     8,117   12,487     8,117

[[Page 12109]]

 
Central Aleutian Islands.....................   22,400     1,680    20,720   10,360     8,288   10,360     8,288
Eastern AI/BS subarea \7\....................   17,000     1,275    15,725  .......  ........  .......  ........
    Jig (1%) \8\.............................  .......       157  ........  .......  ........  .......
    Other gear (99%).........................  .......  ........    15,568    7,784  ........    7,784  ........
                                              ------------------------------------------------------------------
        Total................................   66,400     4,980    61,420   30,631  ........   30,631  ........
----------------------------------------------------------------------------------------------------------------
\1\ The reserve has been released for Atka mackerel (see Table 2).
\2\ A final rule implementing changes to the Atka mackerel fishery was published in the Federal Register on
  January 22, 1999 (64 FR 3446).
\3\ The seasonal apportionment of Atka mackerel is 50 percent in the A season and 50 percent in the B season.
\4\ January 1 through April 15.
\5\ September 1 through November 1.
\6\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for
  fishing inside CH (Table 1, Table 2, and Figure 4 of 50 CFR part 226). In 1999, the percentage of each
  seasonal allowance available for fishing inside CH is 65 percent in the Western AI and 80 percent in the
  Central AI. When these CH allowances are reached, critical habitat areas will be closed to trawling until NMFS
  closes Atka mackerel to directed fishing within the same district.
\7\ Eastern Aleutian Islands District and Bering Sea subarea.
\8\ Regulations at Sec.  679.20 (a)(8) require that up to 2 percent of the Eastern AI area ITAC be allocated to
  the Jig gear fleet. The amount of this allocation is 1 percent and was determined by the Council based on
  anticipated harvest capacity of the jig gear fleet. The jig gear allocation is not apportioned by season.

Allocation of the Pacific Cod TAC

    Under Sec. 679.20(a)(7), 2 percent of the Pacific cod ITAC is 
allocated to vessels using jig gear, 51 percent to vessels using hook-
and-line or pot gear, and 47 percent to vessels using trawl gear. The 
portion of the Pacific cod TAC allocated to trawl gear is further 
allocated 50 percent to catcher vessels and 50 percent to catcher/
processors. At its December 1998 meeting, the Council recommended 
seasonal allowances for the portion of the Pacific cod TAC allocated to 
the hook-and-line and pot gear fisheries. The seasonal allowances are 
authorized under Sec. 679.20(a)(7)(iv) and are based on the criteria 
set forth at Sec. 679.20(a)(7)(iv)(B). They are intended to provide for 
the harvest of Pacific cod when flesh quality and market conditions are 
optimum and when Pacific halibut bycatch rates are low. Table 5 lists 
the 1999 allocations and seasonal apportionments of the Pacific cod 
ITAC. Consistent with Sec. 679.20(a)(7)(iv)(C), any portion of the 
first seasonal allowance of the hook-and-line and pot gear allocation 
that is not harvested by the end of the first season will become 
available on September 1, the beginning of the third season.

             Table 5.--1999 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC \1\
----------------------------------------------------------------------------------------------------------------
                                                                             Seasonal apportionment
             Gear               Percent ITAC     Share ITAC   --------------------------------------------------
                                                    (mt)                      Date                    Amount
----------------------------------------------------------------------------------------------------------------
Jig..........................               2           3,275  Jan 1-Dec 32.....................           3,275
Hook-&-line/pot gear.........              51          83,500  Jan 1-Apr 30 \2\.................          60,000
                               ..............  ..............  May 1-Aug 31.....................           8,500
                               ..............  ..............  Sep 1-Dec 31.....................          15,000
Trawl gear...................              47          76,950  Jan 1-Dec 31.....................          76,950
    C.V. (50%)...............  ..............          38,475  .................................  ..............
    C/P (50%)................  ..............          38,475  .................................  ..............
        Total................             100         163,725  .................................  ..............
                              --------------------------------
----------------------------------------------------------------------------------------------------------------
\1\ For Pacific cod in the BSAI, the reserve has been released (see Table 2).
\2\ Any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line
  or pot gear fishery will be reapportioned to the third seasonal allowance.

Allocation of the Shortraker and Rougheye Rockfish TAC

    Under Sec. 679.20(a)(9), the ITAC of shortraker rockfish and 
rougheye rockfish specified for the Aleutian Islands subarea is 
allocated 30 percent to vessels using non-trawl gear and 70 percent to 
vessels using trawl gear. Based on a final ITAC of 893 mt, the trawl 
allocation is 625 mt and the non-trawl allocation is 268 mt.

Sablefish Gear Allocation

    Regulations at Sec. 679.20(a)(4) require that sablefish TACs for 
the BSAI subareas be allocated between trawl and hook-and-line or pot 
gear types. Gear allocations of TACs are established as follows: Bering 
Sea subarea: Trawl gear, 50 percent; hook-and-line/pot gear, 50 
percent; and Aleutian Islands subarea: Trawl gear, 25 percent; hook-
and-line/pot gear, 75 percent. Regulations at Sec. 679.20(b)(1)(iii)(B) 
require that 20

[[Page 12110]]

percent of the hook-and-line and pot gear allocation of sablefish be 
reserved as sablefish CDQ. Additionally, regulations at 
Sec. 679.20(b)(iii)(A) require that 7.5 percent of the trawl allocation 
of sablefish (one half of the reserve) be withheld as groundfish CDQ 
reserve. Gear allocations of the sablefish TAC and CDQ reserve amounts 
are specified in Table 6.

                        Table 6.--1999 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
----------------------------------------------------------------------------------------------------------------
                                                                   Share of TAC
                Subarea and gear                  Percent of TAC       (mt)        ITAC (mt)\1\     CDQ reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl \2\...................................              50             670             569              50
    Hook-&-line/pot gear\3\.....................              50             670             N/A             134
        Total...................................             100           1,340             569             184
Aleutian Islands:
    Trawl\2\....................................              25             345             293              25
    Hook-&-line/pot gear\3\.....................              75           1,035             N/A             207
                                                 ---------------------------------------------------------------
        Total...................................             100           1,380             293             232
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.
  The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5
  percent of the specified TAC) is reserved for the multi-species CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
  allocated TAC is reserved for use by CDQ participants. Regulations in Sec.  679.20(b)(1) do not provide for
  the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.

Allocation of Prohibited Species Catch (PSC) Limits for Halibut, 
Crab and Herring

    PSC limits for halibut are set in regulations at Sec. 679.21(e). 
For the BSAI trawl fisheries, the limit is 3,775 mt mortality of 
Pacific halibut, and, for non-trawl fisheries, the limit is 900 mt 
mortality. PSC limits for crab and herring are specified annually based 
on abundance and spawning biomass.
    For 1999, the PSC limit of red king crab in Zone 1 for trawl 
vessels is 200,000 crab. Based on the criteria set out at 
Sec. 679.21(e)(1)(ii), the number of mature female red king crab was 
estimated in 1998 to be above the threshold of 8.4 million animals, and 
the effective spawning biomass is estimated to be 56 million pounds 
(25,401 mt) (greater than the 55 million pound (24,947 mt) threshold 
level).
    The 1999 C. bairdi PSC limit for trawl gear is 750,000 animals in 
Zone 1 and 1,878,000 animals in Zone 2. These limits are based on the 
most recent survey data from 1998 and on the criteria set out at 
Sec. 679.21(e)(1)(iii). In Zone 1, C. bairdi abundance was estimated to 
be greater than 150 million and less than 270 million animals. In Zone 
2, C. bairdi abundance was estimated to be less than 175 million 
animals and, therefore, calculated at 1.2 percent of the abundance 
level of 156.6 million crabs, resulting in the limit of 1.878 million 
crabs.
    Under Sec. 679.21(e)(1)(iv), the PSC limit for C. opilio is based 
on total abundance as indicated by the NMFS standard trawl survey. The 
C. opilio PSC limit is set at 0.1133 percent of the 1998 Bering Sea 
abundance index, with a minimum PSC of 4.5 million crab and a maximum 
PSC of 13 million crab. Based on the 1998 survey estimate of 3.233 
billion crabs, the calculated limit would be 3,663,000 crabs. Because 
this limit falls below the minimum level, the 1999 C. opilio PSC limit 
is 4.5 million crabs.
    Under Sec. 679.21(e)(1)(vi), the PSC limit of Pacific herring 
caught while conducting any trawl operation for groundfish in the BSAI 
is 1 percent of the annual eastern Bering Sea herring biomass. NMFS's 
best estimate of 1999 herring biomass is 168,512 mt. This amount was 
derived using 1998 survey data and an age-structured biomass projection 
model developed by the Alaska Department of Fish and Game. Therefore, 
the herring PSC limit for 1999 is 1,685 mt.
    Under Sec. 679.21(e)(1)(i), 7.5 percent of each PSC limit specified 
for crab and halibut is reserved as a PSQ reserve for use by the 
groundfish CDQ program. Regulations at Sec. 679.21(e)(3) require the 
apportionment of each trawl PSC limit into PSC bycatch allowances for 
seven specified fishery categories. Regulations at 
Sec. 679.21(e)(4)(ii) authorize the apportionment of the non-trawl 
halibut PSC limit among five fishery categories. The fishery bycatch 
allowances for the trawl and non-trawl fisheries are listed in Table 7.
    Regulations at Sec. 679.21(e)(3)(ii)(B) establish criteria under 
which NMFS must specify an annual red king crab bycatch limit for the 
Red King Crab Savings Subarea (RKCSS). At its December meeting, the 
Council adopted a motion to limit the RKCSS to 30 percent of the total 
red king crab allocated to the rock sole/flathead sole/``other 
flatfish'' fishery category. This action is needed to optimize the 
groundfish harvest relative to red king crab bycatch.
    Regulations at Sec. 679.21(e)(4)(ii) authorize the exemption of 
specified non-trawl fisheries from the halibut PSC limit. As in past 
years, the Council recommended that pot gear, jig gear, and the 
sablefish IFQ hook-and-line gear fishery categories be exempt from 
halibut bycatch restrictions because these fisheries use selective gear 
types that take comparatively few halibut. In 1998, total groundfish 
catch for the pot gear fishery in the BSAI was approximately 14,118 mt 
with an associated halibut bycatch mortality of about 43 mt. The 1998 
groundfish jig gear fishery harvested about 192 mt of groundfish. Most 
vessels in the jig gear fleet are less than 60 ft (18.3 m) length 
overall and are exempt from observer coverage requirements. As a 
result, observer data are not available on halibut bycatch in the jig 
gear fishery. However, a negligible amount of halibut bycatch mortality 
is assumed because of the selective nature of this gear type and the 
likelihood that halibut caught with jig gear have a high survival rate 
when released.
    As in past years, the Council recommended that the sablefish IFQ 
fishery be exempt from halibut bycatch restrictions because of the 
sablefish and halibut IFQ program (subpart D of 50 CFR part 679). The 
IFQ program requires that legal-sized halibut be retained by vessels 
using hook-and-line gear if a halibut IFQ permit holder is aboard and 
is holding unused halibut IFQ. This action results in lowered

[[Page 12111]]

amounts of halibut discard in the fishery. In 1995, about 36 mt of 
halibut discard mortality was estimated for the sablefish IFQ fishery. 
A similar estimate for 1996 through 1998 has not been calculated, but 
NMFS believes that it would not be significantly different.
    Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation 
with the Council, to establish seasonal apportionments of PSC amounts. 
At its December meeting, the Council recommended seasonal 
apportionments which were adopted by NMFS and which are specified in 
Table 7.

                             Table 7.--1999 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Prohibited species and zone
                                                         -----------------------------------------------------------------------------------------------
                     Trawl fisheries                          Halibut                      Red King Crab     C. opilio          C. bairdi (animals)
                                                          mortality (mt)   Herring (mt)   (animals) Zone     (animals)   -------------------------------
                                                               BSAI            BSAI              1           COBLZ \1\        Zone 1          Zone 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowfin sole..........................................             955             254          19,800       3,108,786         260,894       1,128,824
    Jan. 20-March 31....................................             270
    April 1-May 10......................................             200
    May 11-July 3.......................................              95
    July 4-Dec. 31......................................             390
Rock sole/oth.flat/flat sole \2\........................             755              22         103,950         766,552         279,528         376,274
    Jan. 20-March 29....................................             461
    March 30-July 3.....................................             123
    July 4-Dec. 31......................................             171
Turbot/sablefish/arrowtooth \3\.........................                              10                          42,585
Rockfish:
    July 4-Dec. 31......................................              71               8                          42,585                           7,378
Pacific cod.............................................           1,473              22          14,850         127,758         139,950         205,528
Mid-water trawl pollock \4\.............................                           1,217
Pollock/Atka mackerel/other \5\.........................             238             152           1,850          74,234          13,378          19,146
RKC savings subarea \2\.................................                                          44,550
                                                         -----------------------------------------------------------------------------------------------
    Total Trawl PSC.....................................           3,492           1,685         185,000       4,162,500         693,750       1,737,150
 
                   Non-Trawl Fisheries
 
Pacific cod-Total.......................................             748
    Jan. 1-April 30.....................................             457
    May 1-Sept. 14......................................               0                                        N/A
    Sept. 15-Dec. 31....................................             291
Other non-trawl-Total...................................              84
    May 1-Aug. 31 \6\...................................              42
    Sept. 1-Dec. 31.....................................              42
Groundfish pot & jig....................................          exempt
Sablefish hook-&-line...................................          exempt
                                                         ----------------
    Total Non-Trawl.....................................             832
                                                         -----------------------------------------------------------------------------------------------
    PSQ Reserve \7\.....................................             351                          15,000         337,500          56,250         140,850
                                                         ===============================================================================================
    Grand Total.........................................           4,675           1,685         200,000       4,500,000         750,000      1,878,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec.  679.21(e)(7)(iv)(B). At its December meeting the Council further apportioned C.
  opilio by percentage to the following fisheries: yellowfin sole 73 percent, rock sole 18 percent, turbot 1 percent, rockfish 1 percent, Pacific cod 3
  percent, and pollock 4 percent.
2 The Council at its December 1998 meeting limited red king crab for trawl fisheries within the RKCSS to 30 percent of the total allocation to the rock
  sole, flathead sole, and other flatfish fishery category (Sec.  679.21(e)(3)(ii)(B)).
3 Greenland turbot, arrowtooth flounder, and sablefish fishery category.
4 Halibut and crab bycatch in the midwater trawl pollock fishery is deducted from the allowances for the pollock/Atka mackerel/other species category.
5 Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
6 Consistent with Sec.  679.21(e)(5)(iv)(A), any portion of the first seasonal allowance of the Pacific cod halibut allocation that is not harvested by
  the end of the first season will become available on September 15, the beginning of the second season.
7 With the exception of herring, 7.5 percent of each PSC limit is allocated to the multi-species CDQ program as PSQ reserve. The PSQ reserve is not
  allocated by fishery, gear or season.

    To monitor halibut bycatch mortality allowances and apportionments, 
the Administrator, Alaska Region, NMFS (Regional Administrator), will 
use observed halibut bycatch rates, assumed mortality rates, and 
estimates of groundfish catch to project when a fishery's halibut 
bycatch mortality allowance or seasonal apportionment will be reached. 
The Regional Administrator monitors a fishery's halibut bycatch 
mortality allowances using assumed mortality rates that are based on 
the best information available, including information contained in the 
annual SAFE report.
    At its December meeting, the Council adopted the assumed 
recommended halibut mortality rates developed by staff of the 
International Pacific Halibut Commission for the 1999 BSAI groundfish 
fisheries (see Table 8). This is needed for purposes of monitoring 
halibut bycatch allowances established for 1999 (see Table 7). The 
justification for these mortality rates is discussed in the final SAFE 
report dated November 1998.

[[Page 12112]]



Table 8.--Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries
                               During 1999
------------------------------------------------------------------------
                                                               Assumed
                          Fishery                             mortality
                                                              (percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
  Rockfish.................................................           12
  Pacific cod..............................................           11
  Greenland turbot.........................................           19
  Sablefish................................................           17
  Other Species............................................           11
Trawl gear fisheries:
  Midwater pollock.........................................           85
  Non-pelagic pollock......................................           76
  Yellowfin sole...........................................           78
  Rock sole................................................           76
  Flathead sole............................................           62
  Other flatfish...........................................           69
  Rockfish.................................................           72
  Pacific cod..............................................           69
  Atka mackerel............................................           85
  Greenland turbot.........................................           73
  Sablefish................................................           23
  Other species............................................           69
Pot gear fisheries:
  Pacific cod..............................................            4
  Other species............................................            4
------------------------------------------------------------------------

Protections for Other Fisheries Under the AFA

    Section 211(b)(2)(A) of the AFA prohibits catcher/processors listed 
under paragraphs 1 through 20 of section 208(e) (listed catcher/
processors) from harvesting in the aggregate more than a specified 
amount of each non-pollock groundfish species in the BSAI. Except for 
Atka mackerel, the catch limitations specified for the listed catcher/
processors are equivalent to the percentage of non-pollock groundfish 
harvested in the non-pollock fisheries by the listed catcher/processors 
and by those listed under section 209 of the AFA during 1995, 1996, and 
1997. The non-pollock groundfish harvest amounts by these vessels in 
the BSAI from 1995 through 1997 are shown in Table 9. These data were 
used to calculate the relative amount of non-pollock groundfish TACs 
harvested by pollock catcher/processors in the non-pollock fisheries 
and then were used to determine the harvest limits for non-pollock 
groundfish by listed catcher/processors in the 1999 BSAI fisheries.
    All non-pollock groundfish that are harvested by listed catcher/
processors will be deducted from the harvest limits, see Table 9. 
However, non-pollock groundfish that is delivered to listed catcher/
processors by catcher vessels will not be deducted from the 1999 
harvest limits for the listed catcher/processors.

           Table 9.--Historical Catch Ratio and 1999 Aggregate Catch Limits for Pollock Vessels Described Under Section 208(e) of the AFA \1\
                                                            [All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             1995-1997                       1999 ITAC
        Target species \2\                          Area                 ------------------------------------------------  available to      1999 C/P
                                                                            Total catch    Available TAC     Ratio \3\      trawl C/Ps     harvest limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod trawl \4\............  BSAI.................................          13,547          51,450           0.263          38,475          10,119
Sablefish trawl \5\..............  BS...................................               8           1,736           0.005             569               3
                                   AI...................................               1           1,135           0.001             293               0
Atka mackerel \6\................  Western AI...........................  ..............  ..............           0.200          24,975           4,995
                                   Central AI...........................  ..............  ..............           0.115          20,720           2,383
Yellowfin sole...................  BSAI.................................         123,003         527,000           0.233         176,783          41,190
Rock sole........................  BSAI.................................          14,753         202,107           0.073         102,000           7,446
Greenland turbot.................  BS...................................             168          16,911           0.010           5,126              51
                                   AI...................................              31           6,839           0.005           2,525              13
Arrowtooth flounder..............  BSAI.................................             788          36,873           0.021         114,201           2,398
Flathead sole....................  BSAI.................................           3,030          87,975           0.034          65,705           2,234
Other flatfish...................  BSAI.................................          12,145          92,428           0.131         130,900          17,148
Pacific ocean perch \7\..........  BS...................................              58           5,760           0.010           1,190              12
                                   Western AI...........................             356          12,440           0.029           5,754             167
                                   Central AI...........................              95           6,195           0.015           3,562              53
                                   Eastern AI...........................             112           6,265           0.018           3,173              57
Other red rockfish...............  BS...................................              75           3,034           0.025             227               6
Sharpchin/Northern...............  AI...................................           1,034          13,254           0.078           3,913             305
Shortraker/Rougheye \8\..........  AI...................................              68           2,827           0.024             625              15
Other rockfish...................  BS...................................              39           1,026           0.038             314              12
                                   AI...................................              95           1,924           0.049             583              29
Squid............................  BSAI.................................               7           3,670           0.002           1,675               3
Other species....................  BSAI.................................           3,551          65,925           0.054          27,931          1,508
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The AFA specifies the manner in which the BSAI pollock TAC must be allocated among industry components and also prohibits catcher/processors listed
  under paragraphs 1-20 of section 208(e) from exceeding the historical harvest percentages by such catcher/processors and those listed under section
  209 relative to the total available in the offshore component in BSAI groundfish fisheries (other than pollock) in 1995, 1996, and 1997.
\2\ For further definitions of target species see Table 1.
\3\ The ratio is calculated by dividing the total catch by the TAC available at the end of the year (with the exception of Atka mackerel).
\4\ For Pacific cod, 47 percent of the ITAC is allocated to trawl gear, and of that 50 percent is available for listed catcher/processors. Separate
  catcher/processor and catcher vessel allocations became effective in 1997. Therefore, due to an inconsistency in the data, only 1997, which has a
  similar allocation pattern as the present, was used to calculate the historic ratio.
\5\ Twenty-five percent of the sablefish ITAC is allocated to trawl in the AI subarea, 50 percent is allocated to trawl in the BS subarea.
\6\ In section 211(b)(2)(C) of the AFA, catcher/processors described in paragraphs 1-20 of section 208(e) are prohibited from harvesting Atka mackerel
  in excess of 11.5 percent of the available TAC in the Central AI area and 20 percent in the Western AI area. These listed catcher/processors are
  prohibited from harvesting Atka mackerel in the Eastern Aleutian Islands District and Bering Sea subarea.
\7\ For Pacific ocean perch, spatial apportionments to western, central, and eastern AI subareas began in 1996; therefore only data from 1996 and 1997
  were used to calculate the historic ratio.
\8\ Seventy percent of the shortraker/rougheye rockfish ITAC is allocated to trawl in the Aleutian Islands subarea.


[[Page 12113]]

    Section 211(b)(2)(C) of the AFA prohibits listed catcher/processors 
from fishing for Atka mackerel in the Eastern AI and BS subarea and 
from exceeding 11.5 percent and 20 percent of the Atka mackerel TACs 
available in the Central and Western AI districts, respectively. On 
January 22, 1999, NMFS published a final rule (64 FR 3446) to mitigate 
impacts of the Atka mackerel fishery on endangered Steller sea lions. 
The listed catcher/processor harvest limitations for Atka mackerel are 
subject to the proportional restrictions on harvest inside and outside 
critical habitat areas. As a result, the listed catcher/processors are 
prohibited from trawling in critical habitat areas once 65 and 80 
percent of the seasonal Atka mackerel harvest limitations established 
for the listed catcher/processors in the Western and Central AI 
districts, respectively, are taken (see Table 10). A Steller sea lion 
critical habitat closure for fishing with trawl gear within a district 
will remain in effect until NMFS closes Atka mackerel to directed 
fishing within the same district.

      Table 10.--Atka Mackerel Seasonal and Critical Habitat Limits for Catcher/Processor Vessels Described Under Section 208(e) of the AFA \1\ \2\
                                                            [All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Seasonal apportionment \3\
                                                                                         ---------------------------------------------------------------
                  Subarea and Component                     Total ITAC    ITAC available           A season \4\                    B season \5\
                                                                             for C/Ps    ---------------------------------------------------------------
                                                                                               Total       CH Limit \6\        Total       CH Limit \6\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Aleutian Islands................................          24,975           4,995           2,498           1,623           2,498           1,623
Central Aleutian Islands................................          20,720           2,383           1,191             953           1,191            953
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Atka mackerel reserve has been released (see Table 2).
\2\ Atka mackerel conservation measures are based on final regulations published in the Federal Register on January 22, 1999 (64 FR 3446).
\3\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed catcher/
  processors would be limited to harvesting no more than 20 and 11.5 percent of the available TAC in the Western and Central AI subareas respectively.
  Listed catcher/processors are prohibited from harvesting Atka mackerel in the Eastern Aleutian Islands District and Bering Sea subarea (section
  211(b)(2)(C) of the AFA).
\4\ January 1 through April 15.
\5\ September 1 through November 1.
\6\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for fishing inside critical habitat (Table 1,
  Table 2, and Figure 4 of 50 CFR 226). In 1999, the percentage of TAC available for fishing inside critical habitat area is 65 percent in the Western
  AI and 80 percent in the Central AI. When these critical habitat allowances are reached, critical habitat areas will be closed to trawling until NMFS
  closes Atka mackerel to directed fishing within the same district.

    On January 22, 1999, NMFS published an emergency rule (64 FR 3437) 
which provides the inseason authority necessary to manage the harvest 
of groundfish by listed catcher/processors so that the 1999 non-pollock 
harvest limits are not exceeded. NMFS intends to manage the listed 
catcher/processor non-pollock harvest limitations conservatively, 
consistent with the intent of the AFA, which is to limit the ability of 
these vessels to redistribute fishing effort into non-pollock fisheries 
in which they have not historically participated.
    Section 211(b)(2)(B) of the AFA prohibits listed catcher/processors 
from harvesting more than a specified amount of each prohibited species 
in the BSAI. These amounts are equivalent to the percentage of 
prohibited species bycatch limits harvested in the non-pollock 
groundfish fisheries by the listed catcher/processors and by those 
listed under section 209 of the AFA during 1995, 1996, and 1997. 
Prohibited species amounts harvested by these catcher/processors in 
BSAI non-pollock groundfish fisheries from 1995 through 1997 are shown 
in Table 11. These data were used to calculate the relative amount of 
prohibited species catch limits harvested by pollock catcher/
processors, which was then used to determine the prohibited species 
harvest limits for listed catcher/processors in the 1999 non-pollock 
groundfish fisheries. Regulations at Sec. 679.21(e)(7)(vii) and 
(e)(7)(viii) do not provide for fishery-specific management of the 
salmon bycatch limits. Therefore, NMFS is not including salmon catch 
limits for the listed catcher/processors during 1999.
    PSC that is caught by listed catcher/processors participating in 
any non-pollock groundfish fishery listed in Table 9, accrues against 
the 1999 PSC limits for the listed catcher/processors as outlined in 
section 211(b)(2)(B) of the AFA (see Table 10). The emergency rule 
published by NMFS to manage the AFA harvest limitations specified for 
listed catcher/processors provides authority to close directed fishing 
for groundfish to the listed catcher/processors once a 1999 PSC 
limitation listed in Table 11 is reached.
    PSC that is caught by listed catcher/processors and listed catcher 
vessels while fishing for pollock accrues against either the midwater 
pollock or the pollock/Atka mackerel/other species fishery categories 
(Table 7). In the proposed specifications, NMFS incorrectly calculated 
the red king crab allocation for the listed catcher/processors. These 
final specifications make corrections to the historical catch amount, 
the ratio, and the 1999 limit based on Zone 1 bycatch of red king crab.

     Table 11.--PSC Limits for Catcher/Processor Vessels Described Under Section 208(e) of the AFA \1\, \2\
                                        [All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                    1995--1997                       1999 PSC
           PSC species           ------------------------------------------------  available to   1999 C/P limit
                                     PSC catch       Total PSC       Ratio \2\     trawl vessels        \3\
----------------------------------------------------------------------------------------------------------------
Halibut mortality...............             955          11,325           0.084           3,492             293
Herring.........................              62           5,137           0.012           1,685              20
Red king crab...................           3,098         473,750           0.007         185,000           1,295

[[Page 12114]]

 
C. opilio.......................       2,323,731      15,139,178           0.153       4,162,500         636,863
C. bairdi:......................
    Zone 1......................         385,978       2,750,000           0.140         693,750          97,125
    Zone 2......................         406,860       8,100,000           0.050       1,737,150         86,858
----------------------------------------------------------------------------------------------------------------
\1\ The AFA specifies the manner in which the BSAI pollock TAC must be allocated among industry components and
  also prohibits catcher/processors listed under paragraphs 1-20 of section 208(e) of the AFA from exceeding the
  historical harvest percentages of prohibited species by such catcher/processors and those listed under section
  209 relative to the total available in the offshore component in BSAI groundfish fisheries in 1995, 1996, and
  1997.
\2\ The ratio is calculated by dividing the PSC catch by the total PSC available.
\3\ The 1999 prohibited species catch limit is calculated by multiplying the historic ratio by the PSC available
  to listed catcher/processors in 1999.

Small Entity Compliance Guide

    The following information satisfies the Small Business Regulatory 
Enforcement Fairness Act of 1996, which requires a plain language guide 
to assist small entities in complying with this rule. This rule 
announces the final 1999 harvest specifications, associated management 
measures, and apportionment of reserves for the groundfish fishery of 
the Bering Sea and Aleutian Islands management area. This action 
affects all fishermen who participate in the BSAI fishery. NMFS will 
announce closures of directed fishing in the Federal Register and in 
information bulletins released by the Alaska Region when the announced 
TAC specifications, or apportionments thereof, have been reached. 
Affected fishermen should keep themselves informed of such closures.

Comment and Response

    NMFS received one letter commenting on the 1999 specifications, 
focusing particularly on implementation of the AFA. NMFS summarizes and 
responds to this comment below (Comment 1). In addition, Comment 1 in 
the final rule to implement BSAI amendment 51 (64 FR 3653) addressed 
the Council's recommended 61/39 percent allocation, which NMFS did not 
approve. NMFS's response to Comment 1 in the BSAI Amendment 51 rule 
stated that the AFA's allocations are required by statute and that they 
would be implemented in 1999 as a component of the annual BSAI 
groundfish harvest specifications. NMFS has prepared an FRFA on these 
final specifications that examines the economic impacts of the pollock 
allocation on small entities. The Council will prepare additional 
appropriate economic analyses as it develops measures for further 
implementation of the AFA.
    Comment 1. NMFS' interpretation of the protections for non-pollock 
groundfish fisheries contained in section 211(b)(2)(A) and (B) of the 
AFA does not meet the intent of the AFA to protect these fisheries from 
competition by the listed catcher/processors. The interpretation fails 
to establish absolute caps on the amount of non-pollock species that 
the listed catcher/processors may take in both the pollock and non-
pollock directed fisheries. Consequently, insufficient protection for 
other fisheries exists; the TAC will likely be exceeded; and 
overfishing will likely occur. This interpretation is inconsistent with 
the statutory language of the AFA and does not satisfy the AFA goals of 
protecting other fisheries and reducing incidental catch by listed 
catcher/processors.
    Response. Congress was concerned that, given the ability to form 
fishery cooperatives in 1999, listed catcher/processors may utilize the 
benefits realized from fishery cooperatives and enter into or increase 
fishing effort in fisheries other than the pollock fishery. Section 
211(b) of the AFA seeks to protect non-pollock fisheries from major and 
non-traditional redistributed fishing effort by listed catcher/
processors. Section 211(b)(2)(A) and (B) of the AFA establishes non-
pollock groundfish and prohibited species harvest limitations for the 
listed catcher/processors to protect non-pollock fisheries from 
experiencing fishing competition by listed catcher/processors beyond 
historical levels. Both of these sections explicitly state that these 
protections should apply to groundfish fisheries other than the pollock 
fishery. To determine non-pollock harvest limits under section 
211(b)(2)(A), NMFS calculated the historical catch by the listed 
catcher/processors in non-pollock fisheries and obtained a historical 
ratio that was applied to the 1999 non-pollock groundfish TACs (see 
Table 9). The Council recommended that the incidental catch of 
groundfish in the pollock fishery also should be deducted from the 
annual non-pollock groundfish harvest limits for the listed catcher/
processors. This action effectively reduces the amount of non-pollock 
groundfish that is available to listed catcher/processors because the 
historical catch ratio does not include non-pollock groundfish caught 
in the directed pollock fishery. Consequently, incentives are provided 
to the listed catcher/processors to minimize incidental catch in the 
directed pollock fishery so that non-pollock harvest limitations are 
not reached and opportunities for these vessels to participate in 
directed fisheries for other groundfish is optimized consistent with 
traditional harvest levels.
    Many of the harvest limitations established for 1999 are small 
amounts of fish that will not support a directed fishery for those 
species or species groups by listed catcher/processors. Consequently, 
NMFS closed directed fishing by the listed catcher/processors for 
specified non-pollock species and species groups, which would not 
support both a directed fishery and allow for incidental catch in other 
directed fisheries (64 FR 4602, January 29, 1999). Non-pollock 
fisheries that remained open to directed fishing by the listed catcher/
processors at the start of the 1999 trawl fishing season include 
Pacific cod, yellowfin sole, rock sole, Atka mackerel, and ``other 
flatfish.'' These directed fisheries will be closed in a manner that 
will provide for incidental catch in other listed catcher/processor 
fishing operations without exceeding the specified harvest limitation 
for a species. Thus, NMFS believes that neither the specified non-
pollock harvest limitations nor the management of these limitations 
will

[[Page 12115]]

increase the likelihood of exceeding TAC amounts or reaching 
overfishing levels. Harvest limitations for some species, such as squid 
and Pacific ocean perch, may not provide sufficient incidental catch 
for the pollock fishery to the extent that traditional harvest levels 
of these species by the listed catcher/processors were taken solely in 
the pollock fishery.
    Under section 211(b)(2)(B) of the AFA, the Council recommended and 
NMFS implemented PSC limitations for the listed catcher/processors that 
are based solely on historical bycatch amounts in non-pollock fisheries 
(Table 11). Therefore, prohibited species bycatch by listed catcher/
processors, while fishing for groundfish (other than pollock), will be 
deducted from these PSC limitations. As stated above, NMFS will allow 
only directed fisheries for groundfish species that are supported by 
adequate amounts of PSC and will prohibit directed fishing by listed 
catcher/processors for non-pollock groundfish in a manner that will 
avoid a specified PSC limitation from being exceeded. However, 
prohibited species bycatch in the pollock fishery will be deducted from 
the open access allocations of PSC to the midwater pollock and pollock/
Atka mackerel/''other species'' categories (Table 7). Because these 
allocations do not exceed historical bycatch amounts, the Council and 
NMFS believe that this management action is consistent with the intent 
of the AFA to protect non-pollock groundfish fisheries. Furthermore, 
the Council and NMFS believe that closure of the directed fishery for 
pollock with nonpelagic trawl gear issued under authority of the 
interim and final 1999 harvest specifications (Sec. 679.20(a)(5)(i)(B)) 
will reduce the actual amount of prohibited species bycatch in 1999, 
which is also consistent with the intent of the AFA to reduce the 
bycatch of prohibited species by listed catcher/processors. Therefore, 
NMFS believes that the measures taken by the Council and NMFS to 
implement section 211(b)(2) of the AFA for the 1999 fishery are 
consistent with the intent of the AFA.
    NMFS' management of the 1999 listed catcher/processor harvest 
limitations is a reasonable interpretation of the statutory provisions 
of section 211(b)(2) of the AFA and meets the objective of that section 
to protect non-pollock fisheries from major and non-traditional 
redistributed fishing effort by the listed catcher/processors. 
Additionally, for 1999, NMFS will manage the fishery under current 
inseason management authority and will issue directed fishing closures 
so that none of the 1999 TACs is exceeded as a result of this 
interpretation.

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under E.O. 12866.
    Pursuant to section 7 of the Endangered Species Act (ESA), NMFS has 
completed a consultation on the effects of the pollock and Atka 
mackerel fisheries on listed species, including the Steller sea lion, 
and on designated critical habitat. The Biological Opinion prepared for 
this consultation, dated December 3, 1998, concludes that the Atka 
mackerel fisheries in the BSAI are not likely to jeopardize the 
continued existence of Steller sea lions or adversely modify their 
designated critical habitat. However, the Biological Opinion dated 
December 3, 1998, and revised December 16, 1998, concludes that the 
pollock fisheries in the BSAI and the Gulf of Alaska 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 necessary to 
implement the RPAs were discussed at the December 1998 Council meeting 
and were implemented by NMFS through emergency rulemaking effective on 
January 20, 1999, and published in the Federal Register on January 22, 
1999 (64 FR 3437). This final rule implements those mitigation measures 
as required by the biological opinion for the A1 and A2 seasons only. 
The Council, at its June 1999 meeting, will make recommendations to 
NMFS on mitigation measures for the B and C seasons in 1999. NMFS 
intends to implement these measures by emergency rulemaking amending 
these final specifications.
    NMFS has recently completed consultation on the effects of the 1999 
BSAI groundfish fisheries on listed and candidate species, including 
the Steller sea lion, and on designated critical habitat. This 
consultation on the impacts of the 1999 BSAI groundfish specifications 
determined that the fishery would not jeopardize the continued 
existence of listed or endangered species or adversely modify 
designated critical habitat. In a letter dated December 2, 1998, the 
Fish and Wildlife Service (USFWS) extended the 1997-1998 Biological 
Opinion on the BSAI hook-and-line groundfish fishery and the BSAI trawl 
groundfish fishery for the ESA listed short-tailed albatross until it 
is superseded by a subsequent amendment to that opinion. Based on 
current information, USFWS does not anticipate that its final 
Biological Opinion will determine that the 1999 BSAI groundfish fishery 
places the short-tailed albatross in jeopardy of extinction. The 
statutory receipt of a final Biological Opinion and of an incidental 
take statement for the BSAI hook and line groundfish fishery is Friday, 
March 19, 1999.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) 
pursuant to the Regulatory Flexibility Act that describes the impact 
the 1999 harvest specifications may have on small entities. Comments 
were solicited on the IRFA, however, none was received. NMFS has 
prepared a final regulatory flexibility analysis that analyzes the new 
TAC levels recommended by the Council in December 1998 and based on 
updated survey and stock assessment information. A copy of this 
analysis is available from NMFS (see ADDRESSES). NMFS analyzed a range 
of alternative harvest levels for the BSAI. The preferred alternative 
would allow the BSAI groundfish fisheries to continue under final 
specifications set at 1999 levels until the TAC is harvested or until 
the fishery is closed due to attainment of a PSC limit or to other 
management reasons. Under the preferred alternative, the 1999 TACs 
would be based on the most recent scientific information as reviewed by 
the Plan Teams, SSC, AP, and Council and would include public testimony 
and comment from the October and December Council meetings and those 
comments sent to NMFS on the proposed specifications. The preferred 
alternative also achieves OY while preventing overfishing. Small 
entities would receive the maximum benefits under this alternative, in 
that they will be able to harvest target species and species groups at 
the highest available level based on stock status and ecosystem 
concerns.
    The alternative that would have the greatest immediate economic 
benefit to small entities would set the sum of the TACs at the maximum 
OY level. However, because this alternative would not achieve the 
maximum long-term benefit in that it could result in overfishing and 
could lead to overfished stocks and because it would not be feasible 
under NEPA guidelines. Another alternative was analyzed. It would 
implement the 1998 TAC amounts for 1999, but it would not be based on 
the most recent scientific information. It was also rejected.
    The six CDQ groups comprise 56 small governmental jurisdictions 
with direct involvement in groundfish CDQ fisheries that are within the 
RFA

[[Page 12116]]

definition of small entities. Based on 1997 data, NMFS estimates less 
than 280 small entities harvest groundfish in the BSAI.
    The establishment of differing compliance or reporting requirements 
or timetables, the use of performance rather than design standards, or 
exempting affected small entities from any part of this action would 
not be appropriate because of the nature of this action.
    This action is necessary to establish harvest limits for the BSAI 
groundfish fisheries for the 1999 fishing year. The groundfish 
fisheries in the BSAI are governed by Federal regulations at 50 CFR 
part 679 that require NMFS, after consultation with the Council, to 
publish and solicit public comments on proposed annual TACs, PSC 
allowances, and seasonal allowances of the TACs. No recordkeeping and 
reporting requirements are implemented with this final action. NMFS is 
not aware of any other Federal rules which duplicate, overlap, or 
conflict with the final specifications.

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

    Dated: March 5, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-6027 Filed 3-8-99; 1:15 pm]
BILLING CODE 3510-22-P