[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Rules and Regulations]
[Pages 33425-33426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15859]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 990113011-9011-01; I.D. 010699A]
RIN 0648-AM06
Fisheries of the Exclusive Economic Zone Off Alaska; Observer and
Inseason Management Requirements for Pollock Catcher/Processors;
Extension of Expiration Date
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; extension of expiration date.
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SUMMARY: NMFS extends the expiration date of an emergency interim rule
that established additional observer coverage requirements for the 20
catcher/processor (C/P) vessels and that established inseason authority
to manage the non-pollock harvest limitations required under the
American Fisheries Act (AFA) for these 20 vessels. The emergency
interim rule that is effective from January 20, 1999, through July 19,
1999, is extended through December 31, 1999. This action is necessary
to monitor and manage the harvest of the listed C/Ps and is intended to
comply with the statutory provisions promulgated under the AFA for
these vessels in 1999.
DATES: Effective June 23, 1999, the expiration date of the emergency
interim rule published January 22, 1999 (64 FR 3435), is extended from
July 19, 1999, through December 31, 1999.
FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION: On October 20, 1998, the President signed
the AFA into law. The AFA specifies the manner in which the Bering Sea
and Aleutian Islands management area (BSAI) pollock fishery must be
managed, as well as measures to limit activity of pollock vessels in
non-pollock fisheries. Section 208(e)(1) through (20) of the AFA lists
C/Ps that are subject to specific harvest limitations for pollock and
non-pollock species starting in 1999. These harvest limitations were
established as part of the 1999 groundfish specification process
authorized under regulations at 50 CFR 679.20 (64 FR 50, January 4,
1999, and 64 FR 12103, March 11, 1999). NMFS published an emergency
interim rule in the Federal Register on January 22, 1999 (64 FR 3435),
that implemented additional observer coverage and inseason management
authority necessary to monitor and manage these harvest limitations at
the start of the 1999 fishing season. Specifically, the emergency
interim rule implemented the following measures for a 180-day period
(through July 19, 1999):
1. A requirement that two NMFS-certified observers must be aboard
each of the 20 listed C/Ps at all times the vessel is used to fish for
groundfish in Federal waters off Alaska and that at least one of the
observers aboard each listed C/P must have successfully completed the
additional training necessary to be certified to observe in the
multispecies groundfish community development quota program
(Sec. 679.50(h)(1)(i)(D)); and
2. The authority to establish directed fishing allowances for the
non-pollock groundfish harvest limitations specified for the listed C/
Ps under the AFA and the regulatory authority to close directed fishing
for non-pollock groundfish by the listed C/Ps if NMFS determines that
these vessels have reached a prohibited species limitation.
Further background and descriptive information is contained in the
preamble to the emergency interim rule published on January 22, 1999
(64 FR 3435).
The North Pacific Fishery Management Council (Council) is scheduled
to take final action to implement the AFA requirements in 2000 and
beyond under amendments to the BSAI Fishery Management Plan (FMP) at
its June and October 1999 meetings. Given the statutory review and
implementation schedule for FMP amendments set out under sections 303
and 304 of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), the Council requested NMFS to extend the
emergency provisions to provide for the monitoring of listed C/P
harvest limitations for the remainder of 1999 as authorized under
section 305(c)(3)(B) of the Magnuson-Stevens Act. NMFS concurs that
this time period is minimally necessary for the development and
preparation of FMP amendments to implement management provisions of the
AFA.
Details concerning the basis for this action are contained in the
initial emergency interim rule and are not repeated here. No comments
were received during the comment period for the initial emergency
interim rule.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to respond to an emergency
situation and that it is consistent with the Magnuson-Stevens Act and
other applicable laws.
Extension of the expiration date for this emergency interim rule is
necessary to continue to monitor and manage the non-pollock harvest
limitations required under the AFA for the listed C/Ps so that the
intent of the AFA for these vessels in 1999 is met. Failure to
implement an extension of the emergency measures would mean non-
compliance with the statutory provisions promulgated under the AFA for
the listed C/P vessels. The AA finds good cause to extend the emergency
interim rule in accordance with section 305(c)(3)(B) of the Magnuson-
Stevens Act. Pursuant to authority set forth at 5 U.S.C. 553(b)(B), the
AA finds that these
[[Page 33426]]
reasons constitute good cause to waive the requirement to provide prior
notice and the opportunity for public comment, as the delay associated
with such procedures would be contrary to the public interest.
Similarly, under 5 U.S.C. 553(d)(3), the AA finds for good cause
that a 30-day delay in the effective date of this rule would be
contrary to the public interest. Because prior notice and opportunity
for public comment are not required for this rule by 5 U.S.C. 553 or by
any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
This rule has been determined to be not significant for purposes of
E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 15, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-15859 Filed 6-22-99; 8:45 am]
BILLING CODE 3510-22-F