[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
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\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)
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Industry sector A/B (40% of annual DFA) C/D (60% of annual DFA)
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A-SCA limit B-SCA limit C-SCA limit D-SCA limit
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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
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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 ..........
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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
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Boundaries to Trawling
------------------------------------------------------------------------ prohibited
Management area/island/site 1, 2, 3 within--(nm)
Latitude (N) Longitude (W) Latitude (N) Longitude (W) year-round
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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
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\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