[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Rules and Regulations]
[Pages 34743-34744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16520]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 980817221-9020-02; I.D. 072898A]
RIN 0648-AL22


Fisheries of the Exclusive Economic Zone Off Alaska; Western 
Alaska Community Development Quota Program; 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 
implementing requirements of the American Fisheries Act (AFA) related 
to the 1999 Western Alaska Community Development Quota (CDQ) Program. 
This action revises pollock CDQ catch accounting regulations and 
removes the squid allocation from the CDQ program. The emergency 
interim rule that is effective from January 21, 1999, through July 20, 
1999, is extended through December 31, 1999. This action is necessary 
to implement CDQ Program-related provisions of the AFA.

DATES: The expiration date for ``Directed fishing for pollock CDQ,'' 
the amendments to Sec. 679.20(b)(1)(iii)(A) and (b)(1)(iii)(D), and 
Sec. 679.32(e) of the emergency interim rule published January 26, 1999 
(64 FR 3877), and as amended April 26, 1999 (64 FR 20210), is extended 
from July 20, 1999, through December 31, 1999.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review (EA/RIR) prepared for the initial emergency interim rule may be 
obtained from Sue Salveson, Assistant Regional Administrator, 
Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802-1668, Attention: Lori Gravel. 

FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Management Background and Need for Action

    NMFS manages fishing for groundfish by U.S. vessels in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) according to the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP). 
The North Pacific Fishery Management Council (Council) prepared the FMP 
under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). Regulations governing fishing by 
U.S. vessels and implementing the FMP appear at 50 CFR parts 600 and 
679.
    The President signed the AFA into law on October 20, 1998, as part 
of the Omnibus Appropriations Bill FY99, (Pub. L. 105-277). NMFS 
determined that two changes to the CDQ Program regulations were 
necessary in order for the CDQ Program-related provisions of the AFA to 
be effective by January 1999. These two regulatory changes were (1) to 
allow pollock bycatch in the non-pollock groundfish CDQ fisheries to 
accrue against the allowance for incidental catch of pollock 
established

[[Page 34744]]

by section 206(b) of the AFA and (2) to remove the allocation of squid 
from the CDQ Program in order to allow the CDQ groups to maximize the 
possibility that the pollock CDQ directed fishing allowance will be 
fully harvested. At its November 1998 meeting, the Council concurred 
with NMFS's recommendation for these changes.
    NMFS published the emergency interim rule implementing these 
regulatory changes in the Federal Register on January 26, 1999 (64 FR 
3877), effective through July 20, 1999. Specifically, the emergency 
interim rule (1) establishes a new definition of directed fishing for 
pollock CDQ, (2) revises specifications of the groundfish CDQ reserves 
at Sec. 679.20(b)(1)(iii), and (3) revises pollock CDQ catch accounting 
regulations at Sec. 679.32(a)(2) and (e). The preamble to the initial 
emergency interim rule provides more background on the justification 
and effects of this action. No comments were received during the 
comment period for the initial emergency interim rule. NMFS intends to 
initiate proposed and final rulemaking later in 1999 to permanently 
implement these CDQ Program-related provisions of the AFA.
    This current action extends the expiration date of the emergency 
interim rule, as amended, through December 31, 1999.
    On April 26, 1999 (64 FR 20210), NMFS issued a final rule amending 
the regulations governing the halibut CDQ fisheries and correcting some 
inadvertent errors in the initial emergency interim rule implementing 
AFA provisions relating to the CDQ Program. Specifically, revisions to 
the definition of groundfish CDQ fishing were made permanent; 
Sec. 679.32(a)(2), (a)(3), and (e) were permanently removed; and 
Sec. 679.32(g) was redesignated as Sec. 679.32(e). Under this extension 
of the expiration date for the emergency interim rule, new 
Sec. 679.32(e) will expire on December 31, 1999.

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 this emergency interim rule is necessary to continue 
to monitor and manage catch of pollock in the CDQ fisheries required by 
the AFA. Failure to extend this action would prevent the CDQ groups 
from taking advantage of the AFA's provisions that only pollock 
harvested while directed fishing for pollock CDQ will accrue against 
the pollock CDQ allocation and could result in squid bycatch limiting 
the total catch of pollock CDQ. 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 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.
    The emergency interim rule contains a reduction in a collection-of-
information requirement subject to the Paperwork Reduction Act. The 
collection of this information has been approved by the Office of 
Management and Budget, OMB control number 0648-0269. Shoreside 
processors and CDQ groups are currently required to report all pollock 
harvested in the CDQ fisheries on CDQ delivery reports and CDQ catch 
reports. This emergency interim rule requires that the incidental catch 
of pollock in non-pollock CDQ fisheries not be reported on the CDQ 
delivery report and the CDQ catch report.
    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 23, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine fisheries 
Service.
[FR Doc. 99-16520 Filed 6-28-99; 8:45 am]
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