[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39087-39089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18612]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990115017-9193-02; I.D. 011199A]
RIN 0648-AM08


Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea 
Lion Protection Measures for the Pollock Fisheries off Alaska; 
Extension of an Expiration Date

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

ACTION: Extension and revision of emergency interim rule; revision to 
1999 final harvest specifications; request for comments.

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SUMMARY: On January 22, 1999, NMFS published an emergency rule, 
effective through July 19, 1999, that implemented reasonable and 
prudent alternatives (RPAs) identified by NMFS 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 its critical habitat. This action revises and extends the 
emergency rule through December 31, 1999. This action also revises the 
1999 final harvest specifications for the pollock fisheries off Alaska. 
This emergency rule extension is necessary to prevent the pollock 
fisheries from jeopardizing the western population of Steller sea lions 
or adversely modifying its critical habitat until permanent protection 
measures can be implemented.

DATES: The expiration date of the emergency interim rule published 
January 22, 1999 (64 FR 3437) is extended from July 19, 1999, to 
December 31, 1999. The amendments in this action are effective from 
January 20, 1999, to December 31, 1999. Comments must be received by 
August 16, 1999.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to 
the Federal Building, 709 West 9th Street, Juneau, AK. Copies of the 
Biological Opinion (BO) on the Bering Sea and Aleutian Islands 
Management Area (BSAI) and Gulf of Alaska (GOA) pollock fisheries, the 
Atka mackerel fishery of the Aleutian Islands Subarea (AIS), and the 
revised Environmental Assessment

[[Page 39088]]

prepared for the emergency rule extension may be obtained from the same 
address. The BO is also available on the Alaska Region home page at 
http://www.fakr.noaa.gov.

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

SUPPLEMENTARY INFORMATION: NMFS issued a BO dated December 3, 1998, and 
revised RPAs dated December 16, 1998, on the pollock fisheries of the 
BSAI and GOA, and the Atka mackerel fishery of the AIS. The BO 
concluded that the BSAI and GOA pollock trawl fisheries, as projected 
for 1999 through 2002, were likely to jeopardize the continued 
existence of the western population of Steller sea lions and adversely 
modify its critical habitat. The BO also determined that the Atka 
mackerel fishery, as modified by recent regulatory changes, was not 
likely to jeopardize the continued existence of Steller sea lions or 
adversely modify their critical habitat.
    To avoid the likelihood of jeopardizing the continued existence of 
the western population of Steller sea lions or adversely modifying its 
critical habitat, the BO established principles for RPAs to the 
existing pollock trawl fisheries in the BSAI and GOA, that adhere to 
three basic principles: (1) Temporal dispersion of fishing effort, (2) 
spatial dispersion of fishing effort, and (3) pollock trawl exclusion 
zones around Steller sea lion rookeries and haulouts.
    NMFS published an emergency interim rule implementing RPAs in the 
Federal Register on January 22, 1999 (64 FR 3437), corrected on 
February 17, 1999 (64 FR 7814), and February 25, 1999 (64 FR 9375), and 
effective through July 19, 1999. The preamble to the original emergency 
interim rule provides a detailed description of the purpose and need 
for the action. This action extends the original emergency rule through 
December 31, 1999. This action also makes two changes to the original 
emergency rule that (1) correct the mothership B and C season dates, 
and (2) add spatial dispersion measures to limit critical habitat/
catcher vessel operation area (CH/CVOA) catch. These revisions and 
associated changes to the 1999 BSAI final harvest specifications are 
described here.

Revisions to the Original Emergency Rule

Correction to Mothership Sector Seasonal Dates

    The original emergency rule (64 FR 3437, January 22, 1999), 
contained incorrect B and C season harvest dates for the mothership 
sector. The North Pacific Fishery Management Council's (Council) 
December 1998 emergency rule recommendation contained a combined B/C 
season from September 1 through November 1 for the mothership sector. 
However, the original emergency rule inadvertently applied inshore 
sector B and C season dates to the mothership sector. This error is 
corrected in this emergency rule extension. The mothership sector now 
has a combined B/C season from September 1 through November 1, rather 
than separate B and C seasons as printed in the original emergency 
rule. B and C season CH/CVOA Catch Limits and Technical Amendment to 
the 1999 BSAI Final Harvest Specifications
    The original emergency rule did not contain spatial dispersion 
measures for the BSAI pollock B and C seasons as required by the BO. 
These provisions were reserved in the original emergency rule pending 
further consideration by the Council which occurred at its June 1999 
meeting. This emergency rule extension revises the original rule to 
include overall CH/CVOA catch limits of 25 percent in the B season and 
35 percent in the C season. These catch percentages are achieved using 
an allocation formula recommended by the Council that would exclude the 
catcher/processor and mothership sectors from the CH/CVOA during the B 
and C seasons, and would proportionally reduce the CH/CVOA catch 
percentages for the inshore and Community Development Quota (CDQ) 
sectors to achieve the overall B and C season catch objectives. Under 
the revised emergency rule, the inshore sector will have a CH/CVOA 
limit of 45 percent during the B season and 63 percent during the C 
season. The CDQ sector will have a CH/CVOA limit of 56 percent for its 
combined B/C season.
    The specification of CH/CVOA catch limits in the B and C seasons in 
the extension of this emergency rule require revision of the 1999 final 
harvest specifications of pollock TAC for the Bering Sea Subarea. Table 
3 of the 1999 BSAI final harvest specifications (64 FR 12103, March 11, 
1999) listed CH/CVOA catch limits for the A1 and A2 seasons. However, 
CH/CVOA catch limits were not specified for the B and C seasons. To 
accommodate these new CH/CVOA limits for Bering Sea Subarea pollock 
under the revised emergency rule, the 1999 BSAI final harvest 
specifications are amended by adding the following table 3A.

             Table 3A.--Final 1999 TAC Amounts for B And C Season Pollock in the Bering Sea Subarea
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                                                                      B Season                  C Season
                                                             ---------------------------------------------------
                           Sector                                            CH/CVOA                   CH/CVOA
                                                                 Total        limit        Total        limit
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Bering Sea Subarea:
    Inshore.................................................      125,885       56,648      125,885       79,307
    Offshore C/Ps...........................................      100,708            0      100,708            0
        Catch by C/Ps.......................................       92,148            0       92,148            0
        Catch by C/Vs.......................................        8,560            0        8,560            0
        Sec. 208(e)(21) vessels.............................          504            0          504            0
    Mothership \1\..........................................       50,354            0          n/a          n/a
    Incidental Catch........................................          n/a          n/a          n/a          n/a
    CDQ \1\.................................................       54,560       30,554          n/a         n/a
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\1\ The mothership and CDQ sectors have a combined B/C season and CH/CVOA catch limit.

    NMFS intends to initiate rulemaking later in 1999 to propose and 
implement permanent Steller sea lion conservation measures for 2000. 
This extension of the emergency interim rule is necessary to protect 
the western population of Steller sea lions and its critical habitat 
while allowing the continued prosecution of the 1999 pollock fishery.
    Details concerning the basis for this action are contained in the 
preamble to the original emergency rule and are not repeated here.

[[Page 39089]]

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that an extension of this emergency interim rule is 
necessary to respond to an emergency situation and that it is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    The extension of this emergency interim rule is exempt from review 
under E.O. 12866.
    Failure to have the measures contained in this rule in place by 
July 19, 1999, would result in a lapse of necessary Steller sea lion 
protective measures in the Alaska pollock fisheries. The measures must 
be in place because of the likelihood that without the measures, the 
pollock fisheries would jeopardize the Western population of Steller 
sea lions and adversely modify its critical habitat. Without these 
measures, the December 3, 1998 BO would require that to protect Steller 
sea lions, no pollock fishing occur.
    Delay of the pollock season openings to provide for prior notice 
and public comment would impose significant economic cost on the 
fishing industry for two reasons. First, by regulation, the ending date 
for pollock fishing is November 1 of each year to prevent pollock 
fishing during a winter time period that is critical to Steller sea 
lions. If the August 1 pollock openings are delayed for a significant 
period of time, the fleet may have insufficient time to harvest the 
remaining TAC prior to November 1 and a significant portion of the TAC 
could go unharvested. Second, any delay in the season opening will 
impose significant operational costs on vessels, processors, employees, 
and other support industries that must plan for and deploy equipment 
and crews to remote parts of Alaska well in advance of the season 
opening date.
    Accordingly, the AA finds that the need not to delay the pollock 
season openings constitutes good cause to waive the requirement to 
provide prior notice and an opportunity for public comment pursuant to 
the authority set forth at 5 U.S.C. 553(b)(B), as such procedures would 
be impracticable and contrary to the public interest. For the same 
reasons, the AA finds good cause pursuant to the authority set forth at 
in 5 U.S.C. 553(d)(3) to waive the requirement for a 30-day delay in 
effective date.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with that directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this emergency 
interim rule.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: July 16, 1999.
Andrew A. Rosenberg,
Deputy Asst. Administrator for Fisheries, National Marine Fisheries 
Service.

    For reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

50 CFR CHAPTER VI

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

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

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

    2. In Sec. 679.22(a)(11)(iv)(C)(1), the table is revised to read as 
follows:


Sec. 679.22  Closures.

    (a) * * *
    (11) * * *
    (iv) * * *
    (C) * * *
    (1) * * *

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                                                                       Industry Sector (in percent)
                                                         -------------------------------------------------------
                     Fishing Season                                       Catcher/
                                                             Inshore      processor    Mothership        CDQ
----------------------------------------------------------------------------------------------------------------
A1 Season...............................................            70            40            50           100
A2 Season...............................................            70            40            50           100
B Season................................................            45             0             0            56
C Season................................................            63             0             0            56
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    3. Section 679.23(e)(5)(ii)(B) is revised and 
Sec. 679.23(e)(5)(ii)(C) is removed to read as follows:


Sec. 679.23  Seasons.

* * * * *
    (e) * * *
    (5) * * *
    (ii) * * *
    (B) Combined B/C season. From 1200 hours, A.l.t., September 1, 
through 1200 hours, A.l.t., November 1.
* * * * *
[FR Doc. 99-18612 Filed 7-16-99; 4:32pm]
BILLING CODE 3510-22-P