[Federal Register Volume 65, Number 16 (Tuesday, January 25, 2000)]
[Rules and Regulations]
[Pages 3892-3902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1708]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000119015-0015-01; I.D. 010500A]
RIN 0648-AM32


Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea 
Lion Protection Measures for the Pollock Fisheries Off Alaska

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

ACTION:  Emergency interim rule; revision to 2000 interim harvest 
specifications; request for comments.

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SUMMARY:  NMFS issues an emergency interim rule implementing reasonable 
and prudent alternatives (RPAs) 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 emergency rule implements three types of 
management measures for the pollock fisheries of the Bering Sea and 
Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA): 
Measures to temporally disperse fishing effort; measures to spatially 
disperse fishing effort; and measures to provide sufficient protection 
from fisheries competition for prey in waters adjacent to rookeries and 
important haulouts. These emergency measures are necessary to avoid 
jeopardy and adverse modification.

DATES:  Effective January 20, 2000, through July 19, 2000. Comments 
must be received by February 24, 2000.

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 (BiOp) on the pollock fisheries of the BSAI and GOA 
and the Atka mackerel fishery of the Aleutian Islands subarea, the 
Revised Final Reasonable and Prudent Alternatives (RFRPAs), and the 
Environmental Assessment/Regulatory Impact Review (EA/RIR) prepared for 
the emergency interim rule may be obtained from the same address. The 
BiOp and the RFRPAs are also available on the Alaska Region home page 
at http://www.fakr.noaa.gov. Comments will not be accepted if submitted 
via e-mail or Internet.

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

SUPPLEMENTARY INFORMATION:  NMFS manages the groundfish fisheries in 
the exclusive economic zone off Alaska under the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area and the Fishery Management Plan for Groundfish of the Gulf of 
Alaska (FMPs). The North Pacific Fishery Management Council (Council) 
prepared the FMPs under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 
et seq. Regulations governing U.S. fisheries and implementing the FMPs 
appear at 50 CFR parts 600 and 679.

Background

    In 1990, NMFS designated the Steller sea lion as a threatened 
species under the Endangered Species Act of 1973 (ESA). The designation 
followed severe declines throughout much of the GOA and Aleutian 
Islands region. In 1993, NMFS defined critical habitat for the species 
to include (among other areas), the marine areas within 20 nautical 
miles (nm) of major rookeries and haulouts of the species west of 
144 deg. W long. In 1997, NMFS recognized two separate populations, and 
reclassified the western population (west of 144 deg. W long.) as 
endangered.
    NMFS first began collecting information on the abundance of Steller 
sea lions during the 1950s and 1960s. However, the first counts based 
on reliable data were not available until the late 1970s; these counts 
reported approximately 109,800 animals. During the 1980s, a precipitous 
decline of Steller sea lions was observed. By 1996, counts declined to 
only 22,000 animals, a decline of 80 percent from the late 1970s. 
Counts of adult and juvenile Steller sea lions have continued to 
decline over the last few years, but at a lower rate. Due to the small 
population size, these recent reductions may be a serious obstacle to 
the recovery of the western population of Steller sea lions.
    Multiple factors have contributed to the decline, but considerable 
evidence indicates that lack of available prey is a serious problem. 
Foraging studies confirm that Steller sea lions depend on pollock as a 
major prey source, and that they may be particularly sensitive to any 
reduced availability of prey during the winter. The significance of 
pollock in the diet of sea lions may have increased since the 1970s due 
to shifts in the Bering Sea ecosystem related to atmospheric and 
oceanographic changes. Pollock are also the target of the largest 
commercial fisheries in Alaska, fisheries that have grown increasingly 
concentrated in time and area. This concentration of effort occurs 
largely in areas designated as Steller sea lion critical habitat and 
may reduce prey availability during critical times in the life history 
of sea lions. Additional information on Steller sea lions and the 
pollock fisheries of the BSAI and GOA is contained in the BiOp and in 
the EA/RIR prepared for this action (see ADDRESSES).

Purpose and Need for Action

    In accordance with the requirements of the ESA, the NMFS Office of 
Protected Resources issued a BiOp dated December 3, 1998, revised 
December 16, 1998, on the pollock fisheries of the BSAI and GOA and the 
Atka mackerel fishery of the Aleutian Islands subarea. The BiOp 
concluded that the BSAI and GOA pollock trawl fisheries, as projected 
for 1999 through 2002, were likely to jeopardize the endangered western 
population of Steller sea lions and destroy or adversely modify 
critical habitat designated for this population. ``To jeopardize'' 
means ``to engage in an action that reasonably would be expected, 
directly or indirectly, to reduce appreciably the likelihood of both 
the survival and recovery of a listed species in the wild by reducing 
the reproduction, numbers, or distribution of that species'' (50 CFR 
402.02). The clause ``adversely modify its critical habitat'' means ``a 
direct or indirect alteration that appreciably diminishes the value of 
critical habitat for both the survival and recovery of a listed 
species. Such alterations include, but are not limited to, alterations 
adversely modifying any of those physical or biological features that 
were the basis for determining the habitat to

[[Page 3893]]

be critical'' (50 CFR 402.02). The BiOp also concluded that the Atka 
mackerel fishery, as modified by recent regulatory changes (64 FR 3446; 
January 22, 1999), was not likely to jeopardize the endangered western 
population of Steller sea lions or destroy or adversely modify its 
critical habitat.
    The BiOp did not prescribe a single set of RPAs for the BSAI and 
GOA pollock fisheries but rather established a framework to avoid the 
likelihood of jeopardizing the continued existence of the western 
population of Steller sea lions or adversely modifying its critical 
habitat. The framework consisted of three principles: (1) Temporal 
dispersion of fishing effort, (2) spatial dispersion of fishing effort, 
and (3) protection from fisheries competition for Steller sea lion prey 
in waters adjacent to rookeries and important haulouts. For each of 
these principles, the BiOp provided guidance on the development of 
management measures to meet the objectives and, ultimately, to avoid 
jeopardy and adverse modification. The BiOp stated that certain 
conservation measures could be phased in over a 2-year period.
    In December 1998, NMFS staff briefed the Council on the BiOp. The 
Council then prepared recommendations for alternative management 
measures based on the RPA guidelines to avoid jeopardy and adverse 
modification. The Council's recommendation did not contain Bering Sea 
subarea (BS) B and C season specifications. However, the Council 
planned to recommend B and C season measures prior to the second half 
of 1999. The Council also recommended closing all but nine of the 
haulout zones specified by the BiOp in the BSAI and GOA. NMFS 
determined these recommendations to be acceptable as part of a 2-year 
phase-in strategy, in which equivalent or better protections would be 
extended for those areas for 2000 and beyond.
    On December 16, 1998, NMFS adopted the measures recommended by the 
Council (with modifications) into the BiOp as part of an RPA for the 
fisheries. NMFS published an emergency interim rule implementing RPAs 
in the Federal Register on January 22, 1999 (64 FR 3437), amended on 
February 17, 1999 (64 FR 7814) and on February 25, 1999 (64 FR 9375), 
which was effective through July 19, 1999. The preamble to the 
emergency rule provides a detailed description of the purpose and need 
for the implementation of emergency measures in 1999.
    The Council met again in February, April, and June 1999, to 
consider recommendations for extending the emergency rule for the 
second half of 1999, and, at its June meeting, voted to extend the 
emergency rule. Using the Council's recommendation, NMFS extended the 
emergency rule through December 31, 1999 (64 FR 39087, July 21, 1999; 
technical amendment 64 FR 43297, August 10, 1999), with revisions to 
include specifications for the B and C seasons in the BS.
    In June 1999, the Council also deliberated on various management 
measures to implement permanently the RPA guidelines as described in 
the BiOp for 2000 and beyond. After significant debate and public 
comment, the Council voted to recommend a series of conservation 
measures to protect Steller sea lions.
    Greenpeace, the American Oceans Campaign, and the Sierra Club 
challenged the BiOp in the U.S. District Court for the Western District 
of Washington. In an Order issued on July 9, 1999 (and amended on July 
13, 1999), the Court upheld NMFS' no-jeopardy conclusion for the Atka 
mackerel fishery and the jeopardy conclusion for the pollock fisheries. 
However, the Court also found that ``the Reasonable and Prudent 
Alternatives * * * were arbitrary and capricious * * * because they 
were not justified under the prevailing legal standards and because the 
record does not support a finding that they were reasonably likely to 
avoid jeopardy.'' On August 6, 1999, the Court remanded the BiOp back 
to NMFS for further analysis and explanation.
    To comply with the Court's Order, NMFS conducted additional 
analyses and developed revised final RPAs (RFRPAs, October 15, 1999). 
The RFRPAs describe management measures that will avoid the likelihood 
that the pollock fisheries authorized by NMFS' regulations will 
jeopardize the continued existence of the endangered western population 
of Steller sea lions or adversely modify its critical habitat.
    NMFS has determined that the Council's recommended measures, with 
certain modifications to season dates, haulout protections, and spatial 
dispersion in the Bering Sea, achieve the principles identified in the 
BiOp and the RFRPAs. The Council's recommendation, modified as 
necessary to avoid jeopardy and adverse modification, therefore forms 
the basis for the management measures contained in this emergency 
interim rule.

Elements of the Emergency Rule

Pollock Trawl Exclusion Zones

    Under this emergency interim rule, directed fishing for pollock is 
prohibited within either 10 or 20 nm of rookeries and haulouts in the 
BS and GOA. The location, size, and period of each exclusion zone are 
set out in Tables 12, 13, and 20 of 50 CFR part 679. Table 20 for the 
Aleutian Islands subarea (AI), is reprinted to be consistent in format 
with Tables 12 and 13, however, no substantive changes were made (see 
the following discussion).
    NMFS approved these exclusion zones on the basis of 10 Steller sea 
lion counts conducted since 1979, during the reproductive season 
(summer) and non-reproductive season (winter). NMFS used the following 
criteria to identify sites that require exclusion zones and to 
determine the period of the closure and the radius of the zone:
    1. Rookeries If the site is a rookery, a 10 or 20-nm year-round 
pollock trawl exclusion zone.
    2. Summer haulouts If the site is a summer haulout, with greater 
than 200 sea lions in a summer survey since 1979, and less than 75 sea 
lions in winter surveys since 1979, a 10 or 20-nm pollock trawl 
exclusion zone from June 1 through November 1.
    3. Winter haulouts If the site is a winter haulout, with less than 
200 sea lions in summer surveys since 1979, and greater than 75 sea 
lions in a winter survey since 1979, a 10 or 20-nm pollock trawl 
exclusion zone from November 1 through June 1.
    4. Year-round haulouts If the site is a year-round haulout with 
greater than 200 sea lions in a summer survey since 1979, and greater 
than 75 sea lions in a winter survey since 1979, a 10 or 20 nm year-
round pollock trawl exclusion zone.
    The size of the exclusion zones in each area reflects the relative 
widths of the continental shelf. In the BS, the shelf is relatively 
wide and exclusion zones have radii of 20 nm. In the GOA, the shelf is 
narrower and exclusion zones have radii of 10 nm.
    The BiOp allowed for a 2-year phase-in schedule for certain RFRPA 
measures including rookeries and haulout trawl exclusion zones. In the 
BSAI, under the emergency rule provisions for 1999, all exclusion zones 
had a 20-nm radius except for the Cape Sarichef zone, which had only a 
10-nm raduis. For 2000 and beyond, the Council has recommended that the 
Cape Sarichef zone have a 20-nm radius, consistent with the BiOp. 
Therefore, under the emergency interim rule, all 25 exclusion zone 
sites in the BS are closed to trawling for pollock for a radius of 20 
nm.
    In the GOA, 53 sites qualified for closure to 10 nm, under criteria 
in the BiOp. However, in recommending management measures for 2000 and

[[Page 3894]]

beyond, the Council recommended no closure for the eight sites exempted 
under the previous emergency rule, and recommended an additional site, 
Spitz Island, be exempted. The Council's recommendation included no 
closures around Cape Barnabas, Gull Point, and Cape Ikolik, and 
modified trawl exclusion zones around Rugged Island, Point Elrington, 
The Needles, Mitrofania Island, Spitz Island, and Sea Lion Rocks. NMFS 
has reviewed these sites in the RFRPAs and determined that they require 
additional protection, and therefore is implementing an alternative 
suite of management measures.
    Sites around Point Elrington and The Needles meet the criteria for 
pollock trawl exclusion zones but are not established as exclusion 
zones under this emergency interim rule. The sites lie entirely within 
Alaska State waters. Pollock fisheries in these areas are not managed 
under Federal regulations implementing FMPs. The State of Alaska has 
indicated its intent to develop equivalent protection measures for 
these haulouts in 2000. However, if the State fails to develop adequate 
protection measures for these two sites, NMFS will implement additional 
protection measures in these areas in 2001 under the authority of the 
ESA.
    This emergency interim rule closes Sea Lion Rocks for a radius of 
10 nm to all vessels greater than 60 ft (18.3 m) length overall (LOA). 
Due to safety concerns for small boats in the region and the relatively 
lower levels of harvests by these vessels, the area is not closed to 
vessels less than or equal to 60 ft (18.3 m) LOA. Historically, from 
1994 through 1998, vessels longer than 60 ft (18.3 m) LOA have 
accounted for 72 percent of total harvests in this area. The RFRPAs 
concluded that excluding vessels greater than 60 ft (18.3 m) LOA from 
fishing within 10 nm of Sea Lion Rocks, and the subsequent harvest 
reductions under this closure, would provide sufficient protection 
against localized depletions of pollock.
    Cape Barnabas, Gull Point, Rugged Island, Cape Ikolik, Spitz 
Island, and Mitrofania Island were proposed by the Council to be 
included as pollock trawl exclusion zones for 2000 and beyond with a 
variety of exemptions. However, this emergency rule closes these areas 
because they have been determined to be critical to the recovery of the 
western population of Steller sea lions.
    In the Bering Sea, the Walrus Island rookery also meets the 
requirements under the RPA guidelines for closure to 20 nm. However, 
because this site falls entirely within the Pribilof Island Area 
Habitat Conservation Zone (see Sec. 679.22(a)(6)), which is closed to 
trawling year-round, a 20-nm closure of this area would be redundant 
and is not necessary.

Aleutian Islands Closure

    The RFRPA guidelines require that the AI be closed to directed 
fishing for pollock to protect the waters surrounding rookeries and 
major haulouts of Steller sea lions. This closure was implemented in 
1999, by a reduction in TAC allocated to this subarea that provided for 
incidental catch only, and then by emergency interim rule. The closure 
of the AI is continued by this emergency interim rule.

Bering Sea Management Measures 

    Steller sea lion conservation area (SCA). This emergency interim 
rule establishes a conservation area to regulate total removals of 
pollock. This area was previously referred to as the combined Critical 
Habitat/Catcher Vessel Operation Area in previous emergency rulemaking 
and in supporting documents. The SCA includes the portion of Bering Sea 
critical habitat known as the Bogoslof foraging area and the portion of 
the Catcher Vessel Operational Area (CVOA) that extends eastward from 
the Bogoslof foraging area. This eastern block of the CVOA overlaps 
with the pollock trawl exclusion zone for Sea Lion Rocks (Amak Island). 
Inclusion of this eastern block in the SCA is necessary to provide 
sufficient protection from concentrated fishing and resulting localized 
depletions of sea lion prey in (1) the narrow corridor between the 
Bogoslof foraging area and the Sea Lion Rocks (Amak Island) trawl 
exclusion zone and (2) these adjacent portions of critical habitat.
    The SCA consists of the area of the BS between 170 deg.00' W long. 
and 163 deg.00' W long., south of straight lines connecting the 
following points in the order listed: 55 deg.00' N lat. 170 deg.00' W 
long.; 55 deg.00' N lat. 168 deg.00' W long.; 55 deg.30' N lat. 
168 deg.00' W long.; 55 deg.30' N lat. 166 deg.00' W long.; 56 deg.00' 
N lat. 166 deg.00' W long.; 56 deg.00' N lat. 163 deg.00' W long.
    This emergency interim rule restricts pollock harvests within the 
SCA to a percentage of each sector's seasonal directed fishing 
allowance (DFA) according to the percentages set forth in Table 2 of 
the preamble. In the Bering Sea, the DFA is the amount of pollock 
available for harvest by each industry sector after subtracting the 
incidental catch allowance (ICA).
    NMFS will monitor catch by each industry sector and close the SCA 
to directed fishing for pollock by sector when NMFS determines that the 
specified SCA limit has been reached. In accordance with the Council's 
intent, inshore catcher vessels less than or equal to 99 ft (30.2 m) 
LOA are exempt from SCA closures during the fall and winter months 
unless the cap for the inshore sector has been reached. Under the 
authority of the American Fisheries Act (AFA), NMFS will separate the 
inshore fishery into cooperative and non-cooperative sector 
allocations. For each sector, NMFS will announce the closure of the SCA 
to catcher vessels over 99 ft (30.2 m) LOA before the inshore sector 
SCA limit is reached. NMFS will implement the closure in a manner 
intended to leave remaining quota within the SCA that is sufficient to 
support directed fishing for pollock by vessels less than or equal to 
99 ft (30.2 m) LOA for the duration of the inshore sector opening. This 
measure will be implemented during the fall and winter seasons only 
because of vessel safety concerns during these time periods of severe 
weather.
    Fishing seasons. This emergency interim rule establishes new 
fishing seasons for the four sectors of the Bering Sea pollock fishery 
that are defined in the AFA. These new fishing seasons are summarized 
in Table 1 or the preamble. This emergency rule also repeals existing 
``fair start'' provisions that required vessels fishing for pollock in 
the BS to cease fishing for groundfish during the week preceding each 
pollock season or face a mandatory stand-down period during the first 
week of the pollock season. The Council has determined that these fair 
start requirements are no longer necessary and has recommended an 
exclusive seasonal system (see Table 1 in the preamble).
    The Council recommended a complex suite of seasons, stand-downs, 
and SCA limits. Under the RFRPAs, NMFS determined that stand-downs 
between the A/B and C/D seasons were unnecessary outside the SCA. 
However, NMFS also determined that the SCA was of special concern and 
that lengthening the seasons to attain spatial and temporal dispersion 
was a priority in this area. Therefore, the season dates as proposed by 
the Council have been altered to reflect these requirements. All 
sectors now have the same fishing season dates as described in the 
following Table 1.

[[Page 3895]]



                                          Table 1.--Bering Sea Subarea Pollock Fishing Seasons for All Sectors
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                                                                                                      Season \1\
                     Bering Sea Subarea                      -------------------------------------------------------------------------------------------
                                                                        A                      B                      C                      D
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Outside the SCA \2\.........................................    January 20--June 10 (combined A/B season)
                                                                June 10--November 1 (combined C/D season)
Inside the SCA..............................................       Jan. 20-April 1        April 1-June 10        June 10-Aug. 20        Aug. 20-Nov. 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The time of all openings and closures of fishing seasons, other than the beginning and end of the calendar fishing year, is 1200 hours, A.l.t.
\2\ For the area outside the SCA, there will be two seasonal pairs, A/B and C/D, that are allocated the annual Bering Sea subarea directed fishing
  allowance by sector. Fishing inside the SCA is authorized as a limit of the directed fishing allowance allocated to the area outside the SCA.

    Temporal and Spatial Apportionment of DFA. The pollock DFA 
allocated to each industry sector is apportioned to the fishing seasons 
previously identified according to the formula set out in Table 2 of 
the preamble. The RFRPAs specify the amount of the total annual pollock 
TAC that can be taken from the SCA in each season: A season, 15 
percent; B season, 5 percent; C season, 4.5 percent; D season, 7.5 
percent. These limits are expressed as percentages of each sector's 
seasonal allocation of its DFA.
    For example, if the inshore sector received an annual DFA 
allocation of 100,000 mt, 40 percent (40,000 mt) would be apportioned 
to the combined A/B season for the inshore sector. Of this amount, 42 
percent (16,800 mt) could be taken within the SCA during the A season, 
and 14 percent could be taken within the SCA during the B season (5,600 
mt).
    Overages and underages of SCA amounts may be ``rolled over'' from 
the A season SCA limit to the B season SCA limit so that no single 
season exceeds 15 percent of the annual TAC, and that the combined A/B 
limit inside the SCA of 20 percent is not exceeded.

                    Table 2.--BS Apportionments of Pollock DFA in Percent by Season and Area
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                                                           Seasonal DFA apportionment and harvest limits within
                                                                           the SCA (in percent)
                                                         -------------------------------------------------------
                     Industry sector                        A/B (40% of annual DFA)     C/D (60% of annual DFA)
                                                         -------------------------------------------------------
                                                           A-SCA limit   B-SCA limit   C-SCA limit   D-SCA limit
----------------------------------------------------------------------------------------------------------------
Inshore.................................................      42            14            13.5          22.5
C/P.....................................................      24.75          8.25          0             0
Mothership..............................................      37.5          12.5           0             0
CDQ.....................................................      62            20.5          14            23
----------------------------------------------------------------------------------------------------------------

Definition of Directed Fishing for Pollock CDQ

    This emergency interim rule adds a definition for ``directed 
fishing for pollock CDQ'' that is necessary to enforce directed fishing 
closures that apply to both the CDQ and non-CDQ pollock fisheries. The 
CDQ groups are prohibited from exceeding any of their groundfish CDQ 
allocations and are required to manage the catch of vessels fishing on 
their behalf within these CDQ allocations. Therefore, NMFS does not use 
maximum retainable amounts, prohibited species catch status, and 
announcements of directed fishing closures to manage the CDQ fisheries, 
as is done to manage the non-CDQ fisheries. The definition of directed 
fishing for pollock CDQ implemented in this emergency interim rule is 
based on the percent pollock in each CDQ haul using the 60-percent 
threshold recommended by the Council at its June 1999 meeting. NMFS is 
preparing proposed rulemaking that would permanently implement a 
definition of directed fishing for pollock CDQ. However, that 
regulatory amendment will not be in place in time for the start of the 
trawl fisheries in January 2000. Under the definition added by this 
emergency interim rule, vessels fishing for the CDQ groups in any areas 
closed to directed fishing for pollock CDQ are prohibited from bringing 
onboard their vessel any trawl hauls in which pollock is equal to or 
greater than 60 percent of the total groundfish in the haul. Species 
composition collected by the observer onboard the vessel will be used 
to determine the percent pollock in each CDQ trawl haul.

Gulf of Alaska Management Measures

    Fishing seasons and TAC apportionments. This emergency interim rule 
establishes new fishing seasons and pollock TAC apportionments in the 
Western and Central (W/C) Regulatory Areas of the GOA. These new 
fishing seasons are summarized in Table 3 of the preamble. The TAC for 
pollock in the combined W/C Regulatory Areas would continue to be 
apportioned among Statistical Areas 610, 620, and 630 in proportion to 
the distribution of the pollock biomass as determined by the most 
recent NMFS surveys. Consistent with current regulations, pollock 
fishing seasons are not implemented for the Eastern Regulatory Area.

Table 3.--Pollock Fishing Seasons and TAC Apportionments for the Western
           and Central Regulatory Areas of the Gulf of Alaska
------------------------------------------------------------------------
       Season            TAC Apportionment          Season Dates \1\
------------------------------------------------------------------------
A..................  30%.....................  January 20-March 1.
B..................  15%.....................  March 15-May 31.
C..................  30%.....................  August 20-September 15.
D..................  25%.....................  October 1-November 1.
------------------------------------------------------------------------
\1\ The time of all openings and closures of fishing seasons, other than
  the beginning and end of the calendar fishing year, is 1200 hours,
  A.l.t.

    2. Pollock TAC apportionment within the Shelikof Strait 
conservation area. Prior to 1999, pollock TAC within the W/C GOA was 
apportioned on the basis of biomass distribution as determined from 
triennial bottom trawl surveys. Bottom trawl surveys have been 
conducted in summer months, and additional hydroacoustic surveys have 
been conducted in winter months. These winter surveys indicate an 
extensive and relatively predictable spawning aggregation of pollock in 
the

[[Page 3896]]

winter period in Shelikof Strait. Under the emergency rule in 1999, a 
cap was set for the harvest from Shelikof Strait based on previous 
hydroacoustic surveys, and the GOA TAC was distributed to areas 610, 
620, and 630 based on the trawl surveys. The cap in Shelikof Strait was 
determined using the estimated biomass from the most recent 
hydroacoustic survey divided by the estimated total GOA biomass from 
population modeling, and the quotient then multiplied by the GOA TAC 
for the A season.
    In the GOA, overall pollock fishery harvest rates have varied from 
about 5 percent of the total biomass to about 10 percent since 1990. 
Since 1994, the estimated harvest rate in Shelikof Strait has been on 
the order of 1 percent to 3 percent of the total biomass, well below 
the overall harvest rate for the GOA. This discrepancy suggests that 
the biomass of pollock in Shelikof Strait is under-utilized relative to 
the biomass of pollock outside the Strait and, relative to the overall 
harvest rate, pollock biomass outside the Strait must be over-utilized. 
This relative over-utilization of pollock outside Shelikof Strait may 
have a detrimental effect on the availability of pollock to Steller sea 
lions in those outer regions.
    The Shelikof Strait conservation area is defined as the area 
bounded by straight lines and shoreline connecting the following 
coordinates in the following order:

    58 deg.51' N lat. 153 deg.15' W long.;
    58 deg.51' N lat. 152 deg.00' W long.; and, the intersection of 
152 deg.00' W long. with Afognak Island; aligned counterclockwise 
around the shoreline of Afognak, Kodiak, and Raspberry Islands to 
57 deg.00' N lat. 154 deg.00' W long.; 56 deg.30' N lat. 154 deg.00' W 
long.; 56 deg.30' N lat. 155 deg.00' W long.; 56 deg.00' N lat. 
155 deg.00' W long.; 56 deg.00' N lat. 157 deg.00' W long.; and the 
intersection of 157 deg.00' W long. with the Alaska Peninsula.
    The Shelikof Strait conservation area TAC apportionment will be 
determined annually for the A and B seasons during the specification 
process. A separate TAC will be determined for this area based on 
winter hydroacoustic survey data. The GOA TAC for areas 610, and areas 
620 and 630 outside of the Shelikof Strait conservation area, will be 
reduced proportionally by this amount. When NMFS determines that the A 
or B season pollock TAC from within the Shelikof Strait conservation 
area has been reached, NMFS will prohibit directed fishing for pollock 
within Shelikof Strait.
    GOA Trip limits. The Council recommended that NMFS establish a 
300,000-lb (136-mt) trip limit for catcher vessels harvesting pollock 
in the directed pollock fisheries of the GOA to support the temporal 
dispersion objectives of the RPAs. This emergency interim rule 
prohibits a catcher vessel fishing for groundfish in the GOA from 
retaining on board more than 300,000-lb (136-mt) of pollock harvested 
in the GOA. This trip limit does not exempt vessels from existing 
regulations that require 100-percent retention of pollock when directed 
fishing for pollock is open. A vessel would have to stop fishing for 
pollock during a fishing trip before the 300,000-lb (136-mt) trip limit 
is reached to avoid a violation of either the 300,000 lb (136-mt) trip 
limit or the 100-percent retention requirement for pollock.
    In addition, to prevent the large scale use of tender vessels to 
avoid the trip limit restriction, this emergency interim rule also 
prohibits vessels from operating as tenders in the GOA east of 
157 deg.00' W long. Vessels operating as tenders in the GOA west of 
157 deg.00' W long. are prohibited from retaining on board more that 
600,000 lb (272 mt) (the equivalent of two fishing trips) of 
unprocessed pollock that was harvested in the GOA. The Council 
recommended that tendering west of 157 deg.00' W long. is necessary 
because smaller vessels delivering to Sand Point and King Cove may be 
more dependent on tenders than the larger vessels that operate east of 
157 deg.00' W long. and deliver primarily to Kodiak.

Catcher Vessel Exclusive Fishing Seasons

    The Council recommended that catcher vessels be prohibited from 
participating in directed fishing for pollock in both the BS and GOA in 
concurrent seasons, except for catcher vessels less than 125 ft (38.1 
m) LOA in area 620 east of 157 deg.00' W long. and area 630. For 
example, if a catcher vessel chose to participate in the combined BS A/
B season, it would not be eligible to participate in the W/C GOA until 
the start of the GOA C season. Similarly, if a catcher vessel chose to 
participate in the GOA A season, it would not be eligible to 
participate in the BS until the start of the next BS season, which 
would be the C/D season. The existing 3-day stand-down requirement at 
Sec. 679.23(h) is revised to remove directed fishing for pollock from 
stand-down requirements, which would be redundant. However, a 3-day 
stand-down will remain in effect for vessels directed fishing for 
Pacific cod.

Revised Interim 2000 Harvest Specifications for Pollock in the BS 
and GOA

    The regulatory changes in this emergency interim rule require 
revision of the 2000 interim harvest specifications for pollock in the 
BS and GOA. Existing regulations at 50 CFR 679.20(c)(2) do not require 
that interim harvest specifications for pollock in the BS and GOA be 
temporally or spatially dispersed. However, the BiOp concluded that the 
current program for managing the BS and GOA pollock fisheries could 
jeopardize Steller sea lions or their critical habitat. Therefore, to 
allow the Bering Sea and GOA pollock fisheries to commence on January 
20, 2000, this emergency interim rule also adjusts the 2000 interim 
harvest specifications for pollock to comport with the RFRPA management 
measures outlined above.
    The specifications for Bering Sea Subarea pollock in Table 1 of the 
BSAI 2000 interim harvest specifications (65 FR 60; January 3, 2000) 
are replaced by the following Table 4 in the preamble. This rule 
changes the interim specifications for pollock for two reasons: (1) To 
comport with the temporal and spatial dispersions required by the BiOp; 
and (2) to incorporate the Council's final 2000 TAC recommendations for 
pollock, which are increased from the 2000 proposed specifications.

              Table 4.--Revised Interim 2000 Harvest Amounts for Pollock in the Bering Sea Subarea
----------------------------------------------------------------------------------------------------------------
                                                                                      A/B Season (mt)
                      Species & Component                          Area   --------------------------------------
                                                                           Interim TAC  A-SCA Limit  B-SCA Limit
----------------------------------------------------------------------------------------------------------------
Pollock: \1\
    CDQ........................................................       BS        45,560       28,247        9,339
    Incidental Catch Allowance (ICA)...........................       BS        51,255          n/a          n/a
    Inshore \2\................................................       BS       194,769       81,803       27,268

[[Page 3897]]

 
    Offshore catcher/processor \3\.............................       BS       155,815       38,564       12,855
    Mothership.................................................       BS        38,954       14,608       4,869
----------------------------------------------------------------------------------------------------------------
\1\ The AFA requires that 10 percent of the annual pollock TAC be allocated as a directed fishing allowance for
  the CDQ sector. Then, NMFS is subtracting 5 percent of the remainder as an incidental catch allowance for
  pollock, which is not apportioned by season or area. The remainder of this amount is further allocated by
  sector as follows: inshore, 50 percent; catcher/processor, 40 percent; and motherships, 10 percent.
\2\ Under the emergency rule, NMFS will close the SCA to inshore vessels greater than 99 ft (30.2 m) LOA while
  maintaining a sufficient SCA allowance to support fishing activities by inshore catcher vessels under 99 ft
  (30.2 m) LOA for the duration of the current opening. However, once the specified SCA limit is reached, all
  inshore vessels will be prohibited from engaging in directed fishing for pollock inside the SCA.
\3\ Section 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance
  allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels
  delivering to listed catcher/processors.

    The first seasonal allowances for W/C GOA pollock in Table 1 of the 
GOA 2000 interim harvest specifications (65 FR 65; January 3, 2000) are 
replaced by the following Table 5.

  Table 5.--Revised First Seasonal Allowances of Pollock in the Western
    (W) and Central (C) Regulatory Areas of the Gulf of Alaska (GOA)
------------------------------------------------------------------------
                                                                A season
                       Species and area                         interim
                                                                TAC (mt)
------------------------------------------------------------------------
Pollock:
  W (610)....................................................      5,465
  C (620 outside Shelikof Strait)............................      3,252
  C (630 outside Shelikof Strait)............................      4,278
  Shelikof Strait............................................     14,366
                                                              ----------
      Total..................................................    27,361
------------------------------------------------------------------------
\1\ The pollock catch limit for the Shelikof Strait conservation zone is
  determined by calculating the ratio of the most recent estimate of
  pollock biomass in Shelikof Strait (489,900 mt) divided by the most
  recent estimate of total pollock biomass in the GOA (933,000 mt). This
  ratio is then multiplied by the pollock TAC in the A season for the
  Western and Central areas of the GOA (27,361 mt).

Technical Amendment to Steller Sea Lion No-Trawl Zones in the 
Aleutian Islands Area

    This emergency interim rule also makes technical changes to the 
existing no-trawl zones set out in Table 5 of 50 CFR part 679 by 
suspending it and by adding Table 20 to 50 CFR part 679. This is due to 
the availability of new information on the location of haulout sites as 
determined by NMFS during recent surveys.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that 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.
    Pursuant to the National Environmental Policy Act an EA/RIR was 
developed for this action. It was determined that this action would not 
have a significant impact on the human environment. The EA/RIR may be 
obtained in hard copy from the Alaska Regional Office (see ADDRESSES) 
or via the internet at www.fakr.noaa.gov. NMFS is specifically 
requesting comments on the EA/RIR. NMFS will respond to those comments 
in the proposed rule to implement permanent Steller sea lion protection 
measures in the BSAI and GOA pollock fisheries.
    This emergency action has been determined to be significant for 
purposes of E.O. 12866. This rule contains no reporting, recordkeeping, 
or compliance requirements, and no relevant Federal rules exist which 
may duplicate, overlap, or conflict with this rule.
    Failure to have the measures contained in this rule in place by 
January 20, 2000, would force delay of the start of the pollock 
fisheries of the BS and GOA, with significant costs to industry. As 
such, NMFS finds that the immediate need to effect the provisions of 
this emergency interim rule by January 20, 2000, in order to avoid 
unecessary closures that would cause extensive economic disruption to 
the pollock fisheries, constitutes good cause to waive the requirement 
to provide prior notice and an opportunity for public comment pursuant 
to authority set forth at 5 U.S.C. 553(b)(B), as such procedures would 
be impracticable and contrary to the public interest. The need for 
these measures to be in place by January 20, 2000, also constitutes 
good cause under authority set forth at 5 U.S.C. 553(d)(3) not to delay 
the effective date of this emergency interim rule for 30 days.
    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 President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. These 
regulations have been drafted 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: January 19, 2000.
Andrew A. Rosenberg,
Deputy Assistant 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. 679.2, the definition ``Directed fishing for pollock 
CDQ'' is added in alphabetical order to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Directed fishing for pollock CDQ means, for purposes of enforcing 
closures to directed fishing for pollock CDQ elsewhere in this part, 
retrieving onboard a vessel a haul in which pollock represents 60 
percent or more of the total groundfish catch by weight, as determined 
by the observer's species composition sample for each haul. The 
groundfish species used to calculate total catch include all the 
species and

[[Page 3898]]

species categories defined in Table 1 of the annual BSAI 
specifications.
* * * * *

    3. In Sec. 679.7, paragraph (b) is suspended and paragraph (j) is 
added to read as follows:


Sec. 679.7  Prohibitions.

* * * * *
    (j) Prohibitions specific to the GOA (applicable through July 19, 
2000)--(1) Southeast Outside trawl closure. Use any gear other than 
non-trawl gear in the GOA east of 140 deg. W long.
    (2) Catcher vessel trip limit for pollock. Retain on board a 
catcher vessel at any time, more than 300,000 pounds (136 mt) of 
unprocessed pollock.
    (3) Tender vessel restrictions for pollock.--(i) Operate as a 
tender vessel east of 157 deg.00' W long. for pollock harvested in the 
GOA.
    (ii) Operate as a tender vessel west of 157 deg.00' W long. while 
retaining on board at any time more than 600,000 lb (272 mt) of 
unprocessed pollock.
* * * * *
    4. In Sec. 679.20, paragraphs (a)(5)(i)(A) and (a)(5)(ii)(B) are 
suspended, and new paragraphs (a)(5)(i)(C) and (a)(5)(ii)(C) are added 
to read as follows:


Sec. 679.20  General limitations.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (C) BSAI seasonal allowances (applicable through July 19, 2000)--
(1) General. Within any fishing year, the Regional Administrator may 
add or subtract the under harvest or over harvest of a seasonal 
allowance, by component, according to the harvest limitations here. The 
Steller Sea Lion Conservation Area (SCA) is defined at 
Sec. 679.22(a)(11)(iv).

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea..............  Combined A/B        Combined C/D
                                   season, maximum     season, maximum
                                   overall harvest     overall harvest
                                   of 40% of annual    of 60% of annual
                                   vcxvccpollock TAC.  pollock TAC.
----------------------------------------------------------------------------------------------------------------
Inside SCA......................   Maximum harvest    Maximum harvest     Maximum harvest
                                   limit of 20% of     limit of 4.5% of    limit of 7.5% of
                                   annual pollock      annual pollock      annual pollock
                                   TAC for A+B         TAC.                TAC.
                                   combined, and 15%
                                   for A or B singly.
Season..........................          AB                   C                   D          ..................
----------------------------------------------------------------------------------------------------------------

    (2) Inshore, catcher/processor, mothership, and CDQ components. The 
portion of the Bering Sea subarea pollock directed fishing allowance 
allocated to each component under sections 206(a) and 206(b) of the 
American Fisheries Act will be divided into two seasonal allowances 
corresponding to the two fishing seasons set out at 
Sec. 679.23(e)(4)(i), as follows: A/B Season, 40 percent; C/D Season, 
60 percent.
* * * * *
    (ii) * * *
    (C) GOA seasonal allowances (applicable through July 19, 2000). 
Each apportionment established under paragraph (a)(5)(ii)(A) of this 
section will be divided into four seasonal allowances corresponding to 
the four fishing seasons set out at Sec. 679.23(d)(3) as follows: A 
Season, 30 percent; B Season, 15 percent; C Season, 30 percent; D 
Season, 25 percent. Within any fishing year, underharvest or 
overharvest of a seasonal allowance may be added to or subtracted from 
subsequent seasonal allowances in a manner to be determined by the 
Regional Administrator, provided that a revised seasonal allowance does 
not exceed 30 percent of the annual TAC apportionment.
* * * * *

    5. In Sec. 679.22, paragraphs (a)(7) and (b)(2) are suspended, and 
new paragraphs (a)(8)(iv), (a)(11) and (b)(3) are added to read as 
follows:


Sec. 679.22  Closures.

    (a) * * *
    (8) * * *
    (iv) Pollock closure (applicable through July 19, 2000). Directed 
fishing for pollock is prohibited at all times within the Aleutian 
Islands subarea.
* * * * *
    (11) Steller sea lion protection areas, Bering Sea subarea and 
Bogoslof District (applicable through July 19, 2000)--(i) Year-round 
trawl closures. Trawling is prohibited within 10 nm of each of the 
Steller sea lion rookeries shown in Table 12 to this part.
    (ii) Seasonal trawl closures. During January 1 through June 10, or 
a date earlier than June 10 if directed fishing for pollock is 
prohibited for all sectors under Sec. 679.20, trawling is prohibited 
within 20 nm of each of the Steller sea lion rookeries shown in Table 
12 to this part.
    (iii) Pollock closures. Directed fishing for pollock, including 
pollock CDQ, is prohibited within 10 or 20 nm of each of the sea lion 
haulout and rookery sites shown in Table 12 to this part. The radius in 
nm and time period that each closure is in effect are shown in Table 12 
to this part.
    (iv) Steller sea lion conservation area (SCA)--(A) General. 
Directed fishing for pollock by vessels catching pollock for processing 
by the inshore component, catcher/processors in the offshore component, 
motherships in the offshore component, or directed fishing for pollock 
CDQ is prohibited within the SCA for the duration of a fishing season 
when the Regional Administrator announces, by notification in the 
Federal Register, that the harvest of a seasonal limit of pollock 
within the SCA by an industry component reaches the applicable 
percentage specified in the table following paragraph (a)(11)(iv)(D) of 
this section.
    (B) Boundaries. The SCA consists of the area of the Bering Sea 
subarea between 170'00' W long. and 163'00' W long., south of straight 
lines connecting the following points in the order listed: 55 deg.00" N 
lat. 170 deg.00" W long.; 55 deg.00" N lat. 168 deg.00" W long.; 
55 deg.30" N lat. 168 deg.00" W long.; 55 deg.30" N lat. 166 deg.00" W 
long.; 56 deg.00" N lat. 166 deg.00" W long.; and 56 deg.00" N lat. 
163 deg.00" W long.
    (C) Seasons--Subject to other provisions of this part, directed 
fishing for pollock within the SCA is authorized only during the 
following seasons:
    (1) A season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., April 1;
    (2) B season. From 1200 hours, A.l.t., April 1, through 1200 hours, 
A.l.t., June 10;
    (3) C season. From 1200 hours, A.l.t., June 10, through 1200 hours, 
A.l.t., August 20;
    (4) D season. From 1200 hours, A.l.t., August 20, through 1200 
hours, A.l.t., November 1.
    (D) Criteria for closure-- (1) General. A directed fishing closure 
identified in paragraph (a)(11)(iv)(A) of this section will take effect 
when the Regional

[[Page 3899]]

Administrator determines that the harvest of a seasonal limit of 
pollock within the SCA by an industry component reaches the applicable 
percentage specified in the following table:

----------------------------------------------------------------------------------------------------------------
                                                           Seasonal directed fishing allowance limits within the
                                                                  SCA by industry component (in percent)
                                                         -------------------------------------------------------
                     Industry sector                              A/B season                  C/D season
                                                         -------------------------------------------------------
                                                           A-SCA limit   B-SCA limit   C-SCA limit   D-SCA limit
----------------------------------------------------------------------------------------------------------------
Inshore.................................................      42            14            13.5          22.5
Catcher/processor.......................................      24.75          8.25          0             0
Mothership..............................................      37.5          12.5           0             0
CDQ.....................................................      62            20.5          14            23
----------------------------------------------------------------------------------------------------------------

    (2) Inshore catcher vessels greater than 99 ft (30.2 m) LOA. The 
Regional Administrator will prohibit directed fishing for pollock by 
vessels greater than 99 ft (30.2 m) LOA catching pollock for processing 
by the inshore component before reaching the inshore SCA harvest limit 
during the A and D seasons to accommodate fishing by vessels less than 
or equal to 99 ft (30.2 m) inside the SCA for the duration of the 
inshore seasonal opening. The Regional Administrator will estimate how 
much of the inshore seasonal allowance is likely to be harvested by 
catcher vessels less than or equal to 99 ft (30.2 m) LOA and reserve a 
sufficient amount of the inshore SCA allowance to accommodate fishing 
by such vessels after the closure of the SCA to inshore vessels greater 
than 99 ft (30.2 m) LOA. The Regional Administrator will prohibit 
directed fishing for all inshore catcher vessels within the SCA when 
the inshore limit specified in paragraph (a)(7)(iv)(D)(1) of this 
section has been met.
    (b) * * *
    (3) Steller sea lion protection areas (applicable through July 19, 
2000)--(i) Year-round trawl closures. Trawling is prohibited in the GOA 
within 10 nm of the Steller sea lion rookeries shown in Table 13 to 
this part.
    (ii) Pollock closures. Directed fishing for pollock is prohibited 
within 10 nm of each of the sea lion haulout and rookery sites shown in 
Table 13 to this part. The radius in nm and time period that each 
closure is in effect are shown in Table 13 to this part.
    (iii) Shelikof Strait conservation area.--(A) General. Directed 
fishing for pollock is prohibited within the Shelikof Strait 
conservation area during the A and B seasons, defined at 
Sec. 679.23(d)(3) of this part, when the Regional Administrator 
announces through notification in the Federal Register that the A or B 
season catch of pollock from within the Shelikof Strait conservation 
area reaches the amount determined by paragraph (b)(3)(iii)(C) of this 
section.
    (B) Boundaries. The Shelikof Strait conservation area consists of 
the area bound by straight lines and shoreline connecting the following 
coordinates in the following order: 58 deg.51' N lat. 153 deg.15' W 
long.; 58 deg.51' N lat. 152 deg.00' W long. and the intersection of 
152 deg.00' W long. with Afognak Island; aligned counterclockwise 
around the shoreline of Afognak, Kodiak, and Raspberry Islands to 
57 deg.00' N lat. 154 deg.00' W long.; 56 deg.30' N lat. 154 deg.00' W 
long.; 56 deg.30' N lat. 155 deg.00' W long.; 56 deg.00' N lat. 
155 deg.00' W long.; 56 deg.00' N lat. 157 deg.00' W long.; and the 
intersection of 157 deg.00' W long. with the Alaska Peninsula.
    (C) Determination of TAC. NMFS will publish the pollock TAC for the 
Shelikof Strait conservation area in the annual specifications pursuant 
to Sec. 679.20(c). The TAC is determined by calculating a ratio equal 
to the most recent estimate of pollock biomass in Shelikof Strait 
divided by the total pollock biomass in the GOA. NMFS will multiply 
this ratio by the overall pollock TAC for the GOA and then multiply 
that sum by the seasonal TAC apportionment to determine the Shelikof 
Strait apportionment.
* * * * *

    6. In Sec. 679.23, paragraphs (d)(2) and (e)(2) are suspended, and 
new paragraphs (d)(3), (e)(5), and (i) are added to read as follows:


Sec. 679.23  Seasons.

* * * * *
    (d) * * *
    (3) Directed fishing for pollock (applicable through July 19, 
2000). Subject to other provisions of this part, directed fishing for 
pollock in the Western and Central Regulatory Areas is authorized only 
during the following four seasons:
    (i) A season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., March 1;
    (ii) B season. From 1200 hours, A.l.t., March 15, through 1200 
hours, A.l.t., May 31;
    (iii) C season. From 1200 hours, A.l.t., August 20, through 1200 
hours, A.l.t., September 15.
    (iv) D season. From 1200 hours, A.l.t., October 1, through 1200 
hours, A.l.t., November 1.
    (e) * * *
    (5) Directed fishing for pollock in the Bering Sea subarea 
(applicable through July 19, 2000).--(i) Inshore, offshore catcher/
processor, and mothership components and Pollock CDQ fisheries. Subject 
to other provisions of this part, directed fishing for pollock by 
vessels catching pollock for processing by the inshore component, 
catcher/processors in the offshore component, and motherships in the 
offshore component in the Bering Sea subarea or directed fishing for 
pollock CDQ in the Bering Sea subarea is authorized only during the 
following two seasons:
    (A) A/B season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., June 10;
    (B) C/D season. From 1200 hours, A.l.t., June 10, through 1200 
hours, A.l.t., November 1;
    (ii) [Reserved]
* * * * *
    (i) Catcher vessel exclusive fishing seasons for pollock 
(applicable through July 19, 2000). Catcher vessels are prohibited from 
participating in directed fishing for pollock under the following 
conditions. Vessels less than 125 ft (38.1 m) LOA are exempt from this 
restriction in area 620 east of 157 deg.00' W. long. and area 630. BS 
and GOA seasons are provided at Sec. 679.23(d)(3) and 
Sec. 679.23(e)(4).

[[Page 3900]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
    If you own or operate a
 catcher vessel and engage in                                        Then you are prohibited from subsequently engaging in directed fishing for pollock
 directed fishing for pollock              During the--                                                   in the--
           in the--
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea............  A/B season........................  GOA until the following C season.
                                C/D season........................  GOA until the A season of the next year.
GOA...........................  A season..........................  BSAI until the following C/D season.
                                B season..........................  BSAI until the following C/D season.
                                C season..........................  BSAI until the A/B season of the following year.
                                D season..........................  BSAI until the A/B season of the following year.
--------------------------------------------------------------------------------------------------------------------------------------------------------


    7. In 50 CFR part 679 Tables 16 through 19 are reserved; Tables 4, 
5, and 6 are suspended; and Tables 12, 13, and 20 to 50 CFR part 679 
are added to read as follows:

                                Table 12 to 50 CFR Part 679--Steller Sea Lion Protection Areas in the Bering Sea Subarea
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Boundaries to                             Directed fishing        Trawling
                                             --------------------------------------------------------------------     for pollock      prohibited within
                                                                                                                   prohibited within         (nm)
                                                                                                                      * * * (nm)     -------------------
     Management area/island/site 1, 2, 3                                                                         --------------------
                                                Latitude (N)    Longitude (W)     Latitude (N)    Longitude (W)              June 1    Jan. 1
                                                                                                                   Nov. 1    through   through    Year-
                                                                                                                   through  November  April 15    round
                                                                                                                   June 1       1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Walrus......................................       57 11.00 N      169 56.00 W  ...............  ...............        20        20  ........        10
Uliaga......................................       53 04.00 N      169 47.00 W       53 05.00 N      169 46.00 W  ........        20  ........  ........
Chuginadak..................................       52 46.70 N      169 41.90 W  ...............  ...............  ........        20  ........  ........
Kagamil.....................................       53 02.50 N      169 41.00 W  ...............  ...............  ........        20  ........  ........
Samalga.....................................       52 46.00 N      169 15.00 W  ...............  ...............  ........        20  ........  ........
Adugak......................................       52 55.00 N      169 10.50 W  ...............  ...............        20        20  ........        10
Umnak/Cape Aslik............................       53 25.00 N      168 24.50 W  ...............  ...............        20        20  ........  ........
Ogchul......................................       52 59.71 N      168 24.24 W  ...............  ...............        20        20  ........        10
Bogoslof/Fire Island........................       53 55.69 N      168 02.05 W  ...............  ...............        20        20  ........        10
Emerald.....................................       53 17.50 N      167 51.50 W  ...............  ...............  ........        20  ........  ........
Unalaska/Cape Izigan........................       53 13.64 N      167 39.37 W  ...............  ...............        20        20  ........  ........
Unalaska/Bishop Pt..........................       53 58.40 N      166 57.50 W  ...............  ...............        20        20  ........  ........
Akutan/Reef-lava............................       54 08.10 N      166 06.19 W       54 09.10 N      166 05.50 W        20        20  ........  ........
Old Man Rocks...............................       53 52.20 N      166 04.90 W  ...............  ...............        20        20  ........  ........
Akutan/Cape Morgan..........................       54 03.39 N      165 59.65 W       54 03.70 N      166 03.68 W        20        20        20        10
Rootok......................................       54 03.90 N      165 31.90 W       54 02.90 N      165 29.50 W  ........        20  ........  ........
Akun/Billings Head..........................       54 17.61 N      165 32.06 W       54 17.57 N      165 31.71 W        20        20        20        10
Tanginak....................................       54 12.00 N      165 19.40 W  ...............  ...............        20  ........  ........  ........
Tigalda/Rocks NE............................       54 09.60 N      164 59.00 W       54 09.12 N      164 57.18 W        20        20  ........  ........
Unimak/Cape Sarichef........................       54 34.30 N      164 56.80 W  ...............  ...............        20        20  ........  ........
Aiktak......................................       54 10.99 N      164 51.15 W  ...............  ...............        20  ........  ........  ........
Ugamak......................................       54 13.50 N      164 47.50 W       54 13.00 N      164 47.00 W        20        20        20        10
Round.......................................       54 12.05 N      164 46.60 W  ...............  ...............  ........        20  ........  ........
Sea Lion Rock (Amak)........................       55 27.79 N      163 12.24 W  ...............  ...............        20        20        20        10
Amak and rocks..............................       55 24.20 N      163 09.60 W       55 25.90 N      163 09.90 W        20        20  ........  ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.
\2\ Closure zones around many of these sites also extend into statistical area 610 of the Gulf of Alaska Management Area.
\3\ Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the
  shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.


                                  Table 13 to 50 CFR Part 679--Steller Sea Lion Protection Areas in the Gulf of Alaska
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Boundaries to                               Directed fishing for
                                             ------------------------------------------------------------------------   pollock prohibited     Trawling
                                                                                                                         within . . . (nm)    prohibited
     Management area/island/site 1, 2, 3                                                                             ------------------------ within . .
                                                Latitude (N)      Longitude (W)     Latitude (N)      Longitude (W)     Nov. 1      June 1      . (nm)
                                                                                                                        through     through     (year-
                                                                                                                        June 1    November 1    round)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bird........................................       54 40.16 N       163 17.57 W   ................  ................         10          10   ..........
South Rocks.................................       54 18.14 N       162 41.52 W   ................  ................         10          10   ..........
Clubbing Rocks..............................       54 41.98 N       162 26.74 W        54 42.00 N       162 26.50 W          10          10          10
Pinnacle Rock...............................       54 46.06 N       161 45.85 W   ................  ................         10          10          10
Sushilnoi Rocks.............................       54 49.30 N       161 42.73 W   ................  ................  ..........         10   ..........
Olga Rocks..................................       55 00.45 N       161 29.81 W        54 59.09 N       161 30.89 W          10          10   ..........
Jude........................................       55 15.75 N       161 06.27 W   ................  ................         10          10   ..........
Sea Lion Rocks (Shumagins) 4................       55 04.70 N       160 31.04 W   ................  ................         10          10   ..........

[[Page 3901]]

 
The Whaleback...............................       55 16.82 N       160 05.04 W   ................  ................         10          10   ..........
Chernabura..................................       54 45.18 N       159 32.99 W        54 44.87 N       159 35.74 W          10          10          10
Castle Rock.................................       55 16.47 N       159 29.77 W   ................  ................  ..........         10   ..........
Atkins......................................       55 03.50 N       159 18.50 W   ................  ................         10          10          10
Spitz.......................................       55 46.80 N       158 53.20 W   ................  ................  ..........         10   ..........
Mitrofania..................................       55 50.00 N       158 42.00 W   ................  ................         10          10   ..........
Kak.........................................       56 17.30 N       157 50.10 W   ................  ................  ..........         10   ..........
Lighthouse Rocks............................       55 46.79 N       157 24.89 W   ................  ................         10          10   ..........
Sutwik......................................       56 31.05 N       157 20.47 W        56 32.00 N       157 21.00 W   ..........         10   ..........
Chowiet.....................................       56 00.54 N       156 41.42 W        56 00.30 N       156 41.60 W          10          10          10
Nagai Rocks.................................       55 50.00 N       155 46.00 W   ................  ................         10          10   ..........
Chirikof....................................       55 46.50 N       155 39.50 W        55 46.44 N       155 43.46 W          10          10          10
Puale Bay...................................       57 40.60 N       155 23.10 W   ................  ................         10          10   ..........
Kodiak/Point Ikolik.........................       57 17.12 N       154 48.29 W   ................  ................         10   ..........  ..........
Takli.......................................       58 01.75 N       154 31.25 W   ................  ................  ..........         10   ..........
Cape Gull...................................       58 11.50 N       154 09.60 W        58 12.50 N       154 10.50 W   ..........         10   ..........
Sitkinak/Cape Sitkinak......................       56 34.30 N       153 50.96 W        56 34.20 N       153 51.05 W          10          10   ..........
Kodiak/Cape Ugat............................       57 52.41 N       153 50.97 W   ................  ................         10          10   ..........
Kodiak/Cape Barnabas........................       57 10.20 N       152 53.05 W   ................  ................         10          10   ..........
Kodiak/Gull Point...........................       57 21.45 N       152 36.30 W   ................  ................         10          10   ..........
Shakun Rock.................................       58 32.80 N       153 41.50 W   ................  ................         10          10   ..........
Twoheaded Island............................       56 54.50 N       153 32.75 W        56 53.90 N       153 33.74 W          10          10   ..........
Cape Douglas (Shaw Island)..................       59 00.00 N       153 22.50 W   ................  ................  ..........         10   ..........
Latax Rocks.................................       58 40.10 N       152 31.30 W   ................  ................         10          10   ..........
Ushagat/SW..................................       58 54.75 N       152 22.20 W   ................  ................  ..........         10   ..........
Ugak........................................       57 23.60 N       152 17.50 W        57 21.90 N       152 17.40 W   ..........         10   ..........
Sea Otter Island............................       58 31.15 N       152 13.30 W   ................  ................         10          10   ..........
Long........................................       57 46.82 N       152 12.90 W   ................  ................         10   ..........  ..........
Kodiak/Cape Chiniak.........................       57 37.90 N       152 08.25 W   ................  ................         10          10   ..........
Sugarloaf...................................       58 53.25 N       152 02.40 W   ................  ................         10          10          10
Sea Lion Rocks (Marmot).....................       58 20.53 N       151 48.83 W   ................  ................         10          10   ..........
Marmot......................................       58 13.65 N       151 47.75 W        58 09.90 N       151 52.06 W          10          10          10
Perl........................................       59 05.75 N       151 39.75 W   ................  ................         10          10   ..........
Outer (Pye) Island..........................       59 20.50 N       150 23.00 W        59 21.00 N       150 24.50 W          10          10          10
Steep Point.................................       59 29.05 N       150 15.40 W   ................  ................  ..........         10   ..........
Chiswell Islands............................       59 36.00 N       149 34.00 W   ................  ................         10          10   ..........
Rugged Island...............................       59 49.80 N       149 23.30 W        59 51.00 N       149 25.30 W          10   ..........  ..........
Point Elrington 4...........................       59 56.00 N       148 15.20 W   ................  ................  ..........  ..........  ..........
Wooded Island (Fish)........................       59 52.90 N       147 20.65 W   ................  ................         10          10   ..........
The Needles 4...............................       60 06.64 N       147 36.17 W   ................  ................  ..........  ..........  ..........
Glacier Island..............................       60 51.30 N       147 14.50 W   ................  ................         10          10   ..........
Seal Rocks..................................       60 09.78 N       146 50.30 W   ................  ................         10          10   ..........
Cape Hinchinbrook...........................       60 14.00 N       146 38.50 W   ................  ................  ..........         10   ..........
Hook Point..................................       60 20.00 N       146 16.50 W   ................  ................  ..........         10   ..........
Cape St. Elias..............................       59 48.00 N       144 35.50 W   ................  ................         10          10   ..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.
2 Additional closures along the Aleutian Island chain that extend into statistical area 610 of the Gulf of Alaska are displayed in Table 13 to this
  part.
3 Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the
  shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.
4 Vessels less than or equal to 60 ft. (18.3m) LOA are exempt from the 20 nm closure at Sea Lion Rocks.
5 Restrictions at Point Elrington and The Needles will be considered by the Alaska Board of Fisheries because these areas fall completely within the
  State of Alaska management area of Prince William Sound.


                             Table 20 to 50 CFR Part 679--Steller Sea Lion Protection Areas in the Aleutian Islands Subarea
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Boundaries to                                  Trawling
                                                               ------------------------------------------------------------------------    prohibited
             Management area/island/site  1, 2, 3                                                                                         within--(nm)
                                                                  Latitude (N)      Longitude (W)     Latitude (N)      Longitude (W)      year-round
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yunaska Island................................................       52 41.40 N       170 36.35 W   ................  ................               10
Kasatochi Island..............................................       52 11.11 N       175 31.00 W   ................  ................               10
Adak Island...................................................       51 35.50 N       176 57.10 W        51 37.50 N       176 59.60 W                10
Gramp Rock....................................................       51 28.87 N       178 20.58 W   ................  ................               10
Tag Island....................................................       51 33.50 N       178 34.50 W   ................  ................               10
Ulak Island...................................................       51 18.90 N       178 58.90 W        51 18.70 N       178 59.60 W                10

[[Page 3902]]

 
Semisopochnoi/Pochnoi Point...................................       51 57.30 N       179 46.00 E   ................  ................               10
Semisopochnoi/Petrel Point....................................       52 01.40 N       179 36.90 E        52 01.50 N       179 39.00 E                10
Amchitka Island/East Cape.....................................       51 22.26 N       179 27.93 E        51 22.00 N       179 27.00 E                10
Amchitka Is/Column Rocks......................................       51 32.32 N       178 49.28 E   ................  ................               10
Ayugadak Point................................................       51 45.36 N       178 24.30 E   ................  ................               10
Kiska Island/Lief Cove........................................       51 57.19 N       177 20.41 E        51 57.24 N       177 20.49 E                10
Kiska Island/Cape St. Stephen.................................       51 52.50 N       177 13.00 E        51 53.50 N       177 12.00 E                10
Buldir Island.................................................       52 20.38 N       175 53.85 E        52 20.25 N       175 54.03 E                10
Agattu Island/Cape Sabek......................................       52 22.50 N       173 43.30 E        52 21.80 N       173 41.40 E                10
Agattu Island/Gillon Pt.......................................       52 24.13 N       173 21.31 E   ................  ................               10
Attu Island/Caper Wrangell....................................       52 55.36 N       172 27.22 E        52 55.34 N       172 27.55 E                10
Seguam Island.................................................       52 21.05 N       172 34.40 W        52 21.02 N       172 33.06 W                20
Agligadak Island..............................................       52 06.09 N       172 54.23 W   ................  ................               20
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.
\2\ Closure zones around many of these sites also extend into statistical area 610 of the Gulf of Alaska Management Area.
\3\ Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the
  shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.

[FR Doc. 00-1708 Filed 1-20-00; 3:26 pm]
BILLING CODE 3510-22-P