[Federal Register Volume 65, Number 19 (Friday, January 28, 2000)]
[Rules and Regulations]
[Pages 4520-4544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1832]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 991228352-0012-02; I.D. 011100D]
RIN 0648-AM83


Fisheries of the Exclusive Economic Zone Off Alaska; Emergency 
Interim Rule To Implement Major Provisions of the American Fisheries 
Act

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

ACTION:  Emergency interim rule; revisions to 2000 harvest 
specifications; sideboard directed fishing closures; request for 
comments.

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SUMMARY:  NMFS issues emergency interim regulations implementing major 
provisions of the American Fisheries Act (AFA). The elements of this 
emergency interim rule include: A new formula to allocate the Bering 
Sea and Aleutian Islands Management Area (BSAI) pollock total allowable 
catch (TAC) among the Western Alaska Community Development Quota (CDQ) 
program and the inshore, catcher/processor, and mothership industry 
sectors; new recordkeeping and reporting requirements for the BSAI 
pollock fishery and for processors that receive groundfish from AFA 
catcher vessels; new observer coverage and scale requirements for AFA 
catcher/processors, AFA motherships, and AFA inshore processors; new 
regulations to govern BSAI pollock fishery cooperatives formed under 
the AFA; harvesting restrictions on AFA catcher vessels and AFA 
catcher/processors to limit effort by such vessels in other groundfish 
and crab fisheries; crab processing restrictions on AFA motherships and 
AFA inshore processors that receive pollock harvested by a cooperative 
in a BSAI directed pollock fishery, an excessive share harvesting cap 
that prohibits any single entity from harvesting more than 17.5 percent 
of the BSAI pollock TAC, and revised interim groundfish harvest 
specifications for the BSAI and GOA.
    This emergency action also establishes interim 2000 harvest 
sideboard amounts for AFA catcher/processors and AFA catcher vessels, 
and issues sideboard directed fishing closures for AFA catcher/
processor and AFA catcher vessels in various fisheries. This emergency 
action is necessary to provide inshore pollock cooperatives with 
allocations of pollock for the 2000 fishing year as required by the 
AFA. This emergency action also is necessary to implement sideboard 
restrictions to protect participants in other Alaska fisheries from 
negative impacts as a result of fishery cooperatives formed under the 
AFA.

DATES:  Effective January 21, 2000 through July 20, 2000, except for 
Sec. 679.5, paragraphs (a)(4)(iv), (f)(3), (i)(l)(iii), and (o) and 
Sec. 679.60(d), which, upon approval under the Paperwork Reduction Act 
of the information collections in these provisions will be made 
effective through separate notification in the Federal Register. 
Comments on this emergency interim rule must be received by February 
28, 2000.

ADDRESSES:  Comments must be sent to Sue Salveson, Assistant 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to 
Federal Building, Fourth Floor, 709 West 9th Street, Juneau, AK, and 
marked Attn: Lori Gravel. Comments will not be accepted if sent by e-
mail or Internet. Copies of the Environmental Assessment/Regulatory 
Impact Review (EA/RIR) prepared for this action may be obtained from 
the North Pacific Fishery Management Council, 605 West 4th Ave, Suite 
306, Anchorage, AK 99501, 907-271-2809. Send comments on collection-of-
information requirements to the Alaska Region, NMFS, and to the Office 
of Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, DC 20503 (Attn: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION:  NMFS manages the U.S. groundfish fisheries 
in the exclusive economic zone of the

[[Page 4521]]

BSAI and GOA under the fishery management plans (FMPs) for groundfish 
in the respective areas. With Federal oversight, the State of Alaska 
(State) manages the commercial king crab and Tanner crab fisheries in 
the BSAI and the commercial scallop fishery off Alaska under the FMPs 
for those fisheries. The North Pacific Fishery Management Council 
(Council) prepared, and NMFS approved, 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 implementing the FMPs 
appear at 50 CFR part 679. General regulations governing U.S. fisheries 
also appear at 50 CFR 600.

American Fisheries Act--Background Information

    The AFA, Div. C, Title II, Subtitle II, Pub. L. No. 105-277, 112 
Stat. 2681 (1998), made profound changes in the management of the 
groundfish fisheries of the BSAI and, to a lesser extent, the 
groundfish fisheries of the GOA and crab fisheries of the BSAI. With 
respect to the groundfish and crab fisheries off Alaska, the AFA--
     Established a new allocation scheme for BSAI pollock that 
allocates 10 percent of the BSAI pollock total allowable catch (TAC) to 
the CDQ Program, and after allowance for incidental catch of pollock in 
other fisheries, allocates the remaining TAC as follows: 50 percent to 
vessels harvesting pollock for processing by inshore processors, 40 
percent to vessels harvesting pollock for processing by catcher/
processors, and 10 percent to vessels harvesting pollock for processing 
by motherships;
     Provided for the buyout of nine pollock catcher/processors 
and the subsequent scrapping of eight of these vessels through a 
combination of $20 million in Federal appropriations and $75 million in 
direct loan obligations;
     Required a fee of six-tenths (0.6) of one cent for each 
pound round weight of pollock harvested by catcher vessels delivering 
to inshore processors for the purpose of repaying the $75 million 
direct loan obligation;
     Listed by name and/or provided qualifying criteria for 
those vessels and processors eligible to participate in the non-CDQ 
portion of the BSAI pollock fishery;
     Increased observer coverage and scale requirements for AFA 
catcher/processors;
     Established limitations for the creation of fishery 
cooperatives in the catcher/processor, mothership, and inshore industry 
sectors;
     Required that NMFS grant individual allocations of the 
inshore BSAI pollock TAC to inshore catcher vessel cooperatives that 
form around a specific inshore processor and agree to deliver the bulk 
of their catch to that processor;
     Required harvesting and processing restrictions (commonly 
known as ``sideboards'') on fishermen and processors who have received 
exclusive harvesting or processing privileges under the AFA to protect 
the interests of fishermen and processors who have not directly 
benefitted from the AFA; and
     Established excessive share harvesting caps for BSAI 
pollock and directed the Council to develop excessive share caps for 
BSAI pollock processing and for the harvesting and processing of other 
groundfish.
    Since the passage of the AFA in October 1998, NMFS has begun to 
implement specific provisions of the AFA through a variety of 
mechanisms. For the 1999 fishing year, NMFS implemented the new AFA 
pollock allocations and harvest restrictions on catcher/processors 
through the interim and final BSAI harvest specifications (64 FR 50, 
January 4, 1999; and 64 FR 12103, March 11, 1999). Required changes to 
the CDQ program were implemented through an emergency interim rule (64 
FR 3877, January 26, 1999; extended at 64 FR 34743, June 29, 1999). The 
increase in observer coverage levels for pollock catcher/processors and 
regulatory authority to manage AFA catcher/processor sideboard limits 
through directed fishing closures were implemented through a separate 
emergency interim rule (64 FR 3435, January 22, 1999; corrected at 64 
FR 7814, February 17, 1999; and extended at 64 FR 33425, June 6, 1999). 
In December 1998, NMFS administered the buyout of the nine catcher/
processors declared ineligible under the AFA, and is currently 
overseeing the scrapping of the eight vessels scheduled for scrapping 
under the AFA. The inshore fee system mandated by the AFA will be 
implemented in early 2000. A proposed rule to implement the inshore fee 
program was published on December 21, 1999 (64 FR 71396).
    Since the passage of the AFA, the Council has taken an active role 
in the development of management measures to implement the various 
provisions of the AFA. The Council began consideration of the 
implications of the AFA during a special meeting in November 1998, 
during which it discussed AFA-related actions that were required for 
the 1999 fishing year. At its December 1998 meeting, the Council voted 
to recommend approval of the two emergency interim rules cited earlier, 
recommended AFA-related provisions to the 1999 BSAI harvest 
specifications for groundfish, and began an analysis of a suite of AFA-
related management measures that subsequently became known as 
Amendments 61/61/13/8. The Council conducted an initial review of 
Amendments 61/61/13/8 and related AFA measures at its April 1999 
meeting, and took final action on these amendments at its June 1999 
meeting.
    In addition, the Council formed an industry advisory committee to 
assist NMFS in the development of specific measures to govern the 
development and management of inshore pollock cooperatives. This 
Council-appointed committee met with NMFS at a public meeting May 17-
18, 1999, in Seattle, WA to develop recommendations for the 
implementation and management of inshore pollock cooperatives. These 
recommendations were presented to the Council at its June 1999 meeting, 
and were incorporated into the Council's recommended approach for 
implementing the inshore pollock cooperative provisions of the AFA.
    The Council formed a second industry committee to make 
recommendations on the development and implementation of crab and 
groundfish processing limits on AFA pollock processors. This second 
committee met August 9-10, 1999, in Seattle, WA, and presented its 
recommendations to the Council at its October 1999 Council meeting.
    At its December 1999 meeting, the Council reviewed the status of 
Amendments 61/61/13/8 and recommended that NMFS proceed immediately 
with an emergency interim rule to implement the Council's June 1999 
recommendations so that AFA regulations could be in place prior to the 
start of the 2000 fisheries while Amendments 61/61/13/8 and the 
proposed rule to implement the amendments are under review by NMFS. The 
suite of management measures contained in this emergency interim rule 
gives effect to the Council's December 1999 motion and contains all 
AFA-related management measures necessary to implement the provisions 
of the AFA for the 2000 fishing year except for the inshore fee 
program, which is being implemented through separate rulemaking. NMFS 
previously published a separate emergency interim rule (65 FR 380, 
January 5, 2000) to give immediate effect to all AFA-related permit 
requirements so that the fishing industry has the opportunity to apply 
for and receive AFA-related fishing permits prior to the start of the 
2000 pollock fishery.

[[Page 4522]]

    NMFS is issuing this emergency interim rule to give immediate 
effect to all AFA-mandated management measures. This emergency action 
is necessary to provide inshore pollock cooperatives with allocations 
of pollock for the 2000 fishing year as required by the AFA. Inshore 
sector cooperatives will provide the inshore industry with the ability 
to more effectively meet the temporal and spatial dispersion objectives 
of NMFS' Steller sea lion conservation measures that will be 
implemented prior to the start of the 2000 pollock fisheries. Without 
this emergency interim rule, the inshore sector of the BSAI pollock 
industry would be unable to operate under cooperatives for the 2000 
fishing year in the manner provided for in the AFA, and consequently, 
would lose a valuable method of meeting the temporal and spatial 
dispersion objectives of NMFS' Steller sea lion conservation measures.
    In addition, this emergency action is necessary to implement 
paragraph 211(c)(1) of the AFA, which mandates sideboard restrictions 
to prevent AFA catcher vessels from exceeding ``in the aggregate the 
traditional harvest levels of such vessels in other fisheries under the 
authority of the [Council] as a result of fishery cooperatives in the 
directed pollock fishery, [and] protect processors not eligible to 
participate in the directed pollock fishery from adverse effects as a 
result of the AFA or fishery cooperatives in the directed pollock 
fishery.'' Such sideboard protections must be implemented by January 
20, 2000, to prevent adverse economic impacts on the participants of 
other groundfish and crab fisheries that open on January 20, 2000. 
Without sideboard measures in place, AFA catcher vessels and catcher/
processors could greatly increase their levels of participation in 
other groundfish and crab fisheries throughout Alaska due to the 
flexibility provided by cooperatives in the BSAI pollock fishery. Such 
a result could severely impact fishermen and communities throughout 
Alaska that are economically dependent on non-pollock groundfish and 
crab fisheries.
    This emergency interim rule would be superseded by the final rule 
to implement Amendments 61/61/13/8 if approved by NMFS. The primary 
elements of this emergency interim rule are summarized here.

Recordkeeping and Reporting Requirements

    To implement the provisions of the AFA, NMFS is revising existing 
procedures and establishing new procedures for inseason management of 
directed fisheries to monitor catch and bycatch taken by various AFA-
qualified entities, including fishery cooperatives, and to manage catch 
limits by AFA-qualified vessels in other fisheries. These include:

Shoreside Processor Electronic Logbook Report

    To implement the provisions of the AFA, NMFS must monitor daily 
pollock harvests and sideboard species harvests on a vessel-by-vessel 
basis in order to make timely management decisions on pollock closures 
and sideboard species closures. To collect this vessel-by-vessel 
delivery information, shoreside processors and stationary floating 
processors receiving deliveries of groundfish from AFA catcher vessels 
are required to submit information about those deliveries daily in 
electronic form.
    Shoreside processor electronic logbook software to record and 
submit this information may be obtained free of charge from the Alaska 
Region, NMFS (see ADDRESSES or http://www.fakr.noaa.gov). The minimum 
hardware and operating system requirements for the NMFS electronic 
reporting shoreside logbook system are a personal computer (PC) with 
Pentium or equivalent processor, Windows 95, 98, or NT operating system 
(or equivalent), at least 16 megabytes of RAM (Windows 95) or 32 
megabytes of RAM (Windows 95, NT), at least 75 megabytes of free hard 
disk storage, and telephone modem or internet connection.
    As an alternative to the NMFS-provided shoreside processor 
electronic logbook software, processors may use privately developed 
software approved by NMFS that conforms to NMFS electronic logbook 
software specifications. These software specifications are available 
from the Alaska Region, NMFS, upon request.
    The shoreside processor electronic logbook report is designed to 
provide NMFS with the detailed information needed to manage inshore 
fisheries under the AFA while reducing the recordkeeping and reporting 
burden on industry. Shoreside processors and stationary floating 
processors that are required to use the shoreside processor electronic 
logbook report are not required to maintain the paper daily cumulative 
production logbook (DCPL), submit weekly production reports (WPRs), and 
if the processor is processing CDQ fish, submit CDQ delivery reports. 
In addition, the processor is not required to submit quarterly DCPL 
logsheets to NMFS, although the processor is required to generate and 
retain printed output of the shoreside processor electronic logbook 
report at the processing plant for use by NMFS Enforcement and 
groundfish observers.
    This emergency interim rule also allows shoreside processors and 
stationary floating processors that do not receive groundfish from AFA 
catcher vessels to voluntarily use NMFS-approved shoreside processor 
electronic logbook software in lieu of existing DCPLs, and WPRs.

Catcher Vessel Cooperative Pollock Catch Report

    The designated representative or cooperative manager of each 
inshore catcher vessel cooperative is required to submit catch reports 
detailing each delivery of pollock harvested under the allocation made 
to that cooperative within 1 week of the date of delivery. This 
information is necessary so that NMFS may monitor cooperative fishing 
activity and enforce pollock allocations. Two options are available to 
cooperatives for submittal of the catch report: (1) an electronic data 
file in a NMFS-approved format, or (2) by FAX.

Changes to the Annual Specifications Process

    Under this emergency interim rule, the procedures for allocating 
pollock TAC among industry sectors and apportioning each sector's TAC 
between seasons are revised to incorporate the changes contained in the 
AFA. Section 206 of the AFA sets out the allocation formulas for BSAI 
pollock, which are included in this emergency interim rule. Under this 
emergency interim rule, 10 percent of the pollock TAC specified for the 
Bering Sea (BS) subarea and the Aleutian Islands (AI) subarea is 
allocated to the CDQ program. The remaining TAC for each subarea, after 
establishment of an incidental catch allowance for pollock harvested as 
incidental catch in other groundfish fisheries, is allocated 50 percent 
to AFA catcher vessels harvesting pollock for processing by AFA inshore 
processors; 40 percent to AFA catcher/processors and AFA catcher 
vessels harvesting pollock for processing by AFA catcher/processors, 
with not less than 8.5 percent of this allocation made available to AFA 
catcher vessels delivering to catcher/processors; and 10 percent to AFA 
catcher vessels harvesting pollock for processing by AFA motherships. 
Under this emergency interim rule, the inshore pollock TAC is further 
subdivided into two allocations; one allocation to vessels 
participating in inshore fishery cooperatives, and one allocation to 
vessels not participating in a cooperative fishery. The annual 
allocation to inshore cooperatives is

[[Page 4523]]

equal to the aggregate annual allocations made to each inshore 
cooperative formed under the provisions of this emergency interim rule. 
The allocation to vessels that are not in a cooperative fishery is 
equal to the remaining inshore allocation after subtraction of the 
allocation to fishery cooperatives.
    Each sector's annual BS subarea allocation of pollock is further 
apportioned among fishing seasons. In a separate action, NMFS is 
implementing management measures to temporally and spatially disperse 
the BSAI pollock fishery to implement reasonable and prudent 
alternatives (RPAs) to protect endangered Steller sea lions.

Observer Coverage Requirements and Scales

    This emergency interim rule changes observer coverage and scale 
requirements for AFA catcher/processors and AFA motherships, and 
changes observer coverage requirements for AFA inshore processors. 
However, no changes are made to observer coverage requirements for AFA 
catcher vessels. These changes are described here.

Unrestricted AFA Catcher/Processors and AFA Motherships

    Subparagraph 211(b)(6)(A) of the AFA requires that unrestricted AFA 
catcher/processors have two observers on board at any time the vessel 
is fishing for groundfish in the BSAI. Under this emergency interim 
rule, this statutory requirement is set out in regulation and is 
extended to AFA motherships because AFA motherships receive unsorted 
pollock codends and operate in a similar manner to AFA catcher/
processors, the only difference being that AFA motherships do not 
actually harvest the pollock themselves. Under this emergency interim 
rule, an unrestricted AFA catcher/processor or AFA mothership is 
required to have aboard two NMFS certified observers for each day that 
the vessel is used to harvest, process, or take deliveries of 
groundfish. In addition, this emergency interim rule extends the CDQ 
program observer workload limits to AFA catcher/processor and AFA 
motherships. Consequently, more than two observers might be required to 
allow each haul brought on board the vessel to be sampled by an 
observer. This situation may occur for some AFA motherships, depending 
on how many deliveries they receive from catcher vessels in a day. 
Finally, at least one of the observers must be certified as a lead CDQ 
observer.
    Observers are an increasingly important element of NMFS' monitoring 
program for AFA catcher/processor and AFA mothership sector pollock 
harvests. Prior to the AFA, NMFS monitored offshore pollock harvests 
using a blend of observer data and vessel WPRs. However, under the AFA 
with its statutory requirement that AFA catcher/processors carry two 
observers at all times and weigh their catch using NMFS-approved 
scales, NMFS is now relying only on observers and scale weights to 
provide inseason harvest data for the AFA catcher/processor sector and 
is no longer using vessel production data for quota management 
purposes. In addition, NMFS is reliant on observers to monitor catcher/
processor groundfish sideboards as well as catcher vessel sideboards 
for catcher vessels delivering to catcher/processors and AFA 
motherships. Given this increased reliance on observers and scales, 
NMFS believes that the lead CDQ observer requirement is necessary to 
ensure that at least one of the observers aboard each AFA catcher/
processor and AFA mothership has prior experience sampling on a trawl 
catcher/processor or mothership, is trained and experienced in the use 
of on-board scales, and is available to monitor the use and calibration 
of such scales. In addition, NMFS believes that the requirement for at 
least one lead CDQ observer is necessary to ensure that the compliance 
monitoring role of the observers aboard AFA catcher/processors can be 
successfully accomplished.
    In order to monitor and enforce the newly imposed harvest 
limitations for unrestricted AFA catcher/processors and AFA 
motherships, observers with more experience and training must be 
aboard. NMFS-certified CDQ observers have that experience and training. 
CDQ observers receive special training in sampling for species 
composition in situations where bycatch may be limiting, in working 
with vessel personnel to resolve access to catch and other sampling 
problems, and in using flow scales for catch weight measurements. 
Monitoring by CDQ observers is essential for accurate catch accounting, 
given the fact that a fishery cooperative has been established and that 
the potential exists for fishing to be curtailed when either groundfish 
or prohibited species harvest limitations specified for unrestricted 
AFA catcher/processors have been reached. In consideration of the 
potential observer shortage that these new CDQ observer training 
requirements may cause for 2000, NMFS is phasing in the observer 
training requirements for AFA catcher/processors, AFA motherships, and 
AFA inshore processors. NMFS believes that at least one observer aboard 
every unrestricted AFA catcher/processor and AFA mothership must be a 
lead CDQ observer, and is making this requirement effective beginning 
January 20, 2000. NMFS anticipates implementing separate rulemaking 
that would require that the second observer on AFA catcher/processors 
and AFA motherships be a CDQ observer beginning in 2001. The reason for 
this delay in implementation is to provide observer contractors 
adequate time to train and deploy these additional CDQ observers.
    A detailed discussion on the justification for additional observer 
training and certification criteria for individual vessel monitoring 
programs was provided both in the preamble to the proposed rule (62 FR 
43866, August 15, 1997) and in the preamble to the final rule (63 FR 
30381, June 4, 1998) implementing the Multispecies CDQ program.
    In addition, under this emergency interim rule, the CDQ catcher/
processor scale requirements and observer sampling station requirements 
are extended to unrestricted AFA catcher/processors and AFA motherships 
at all times such vessels are fishing for groundfish in the BSAI or 
processing groundfish harvested in the BSAI. Subparagraph 210(b)(6)(B) 
of the AFA requires that unrestricted AFA catcher/processors weigh 
their catch on an on-board scale approved by NMFS while harvesting 
groundfish in the BSAI. This emergency interim rule sets out these AFA 
scale requirements in regulation and extends them to AFA motherships 
because AFA motherships receive and process unsorted groundfish codends 
in a manner similar to AFA catcher/processors and thus, generate the 
same monitoring demands as unrestricted AFA catcher/processors. As a 
result, scale requirements and observer sampling station requirements 
for CDQ and unrestricted AFA catcher/processors and AFA motherships are 
now identical under this emergency interim rule.

Restricted AFA Catcher/Processors

    Under this emergency interim rule, vessels receiving restricted AFA 
catcher/processor permits under paragraph 208(e)(21) of the AFA are 
required to meet the observer coverage, scale, and sampling station 
requirements outlined above during any fishing trip in which the vessel 
engages in directed fishing for BSAI pollock or receives deliveries of 
pollock from AFA catcher vessels engaged in directed fishing for BSAI 
pollock. This

[[Page 4524]]

requirement is necessary because NMFS must monitor the 0.5 percent 
pollock harvest limit on restricted AFA catcher/processors and cannot 
adequately do so without scales and an observer present at all times. 
Because the AFA catcher/processor sideboard limits in other groundfish 
fisheries do not apply to restricted AFA catcher/processors, NMFS is 
not increasing the observer coverage requirements for restricted AFA 
catcher/processors when such vessels are engaged in directed fishing 
for groundfish other than pollock.
    AFA Inshore Processors. Under this emergency interim rule, an AFA 
inshore processor is required to have a NMFS-certified observer for 
each consecutive 12-hour period in which the processor takes delivery 
of, or processes, groundfish harvested by a vessel engaged in directed 
fishing for BSAI pollock. An AFA inshore processor that takes delivery 
of or processes pollock during more than 12 consecutive hours in any 
calendar day is required to have two NMFS-certified observers available 
during that calendar day. Furthermore, under this emergency interim 
rule, observers working at AFA inshore processors may not be assigned 
to cover more than one processing plant during a calendar day. These 
new observer coverage requirements are necessary so that NMFS can 
adequately monitor cooperative pollock allocations at each AFA inshore 
processor. Prior to the AFA, the inshore pollock fishery was managed in 
the aggregate across the entire sector with NMFS issuing a single 
closure for the entire inshore sector upon the attainment of a seasonal 
allocation of pollock TAC. Under the inshore cooperative system set out 
in this emergency interim rule, each inshore processor and its 
affiliated cooperative will be operating on its own proprietary pollock 
allocation. Because NMFS will no longer manage the inshore sector in 
the aggregate, increased monitoring is required at each individual 
processor to ensure that cooperative allocations are not exceeded.
    Due to potential shortages in CDQ observers during 2000, NMFS is 
proposing to phase in increased training and experience requirements 
for AFA inshore processor observers beginning in 2001. In subsequent 
rulemaking, NMFS intends to propose that all observers deployed at AFA 
inshore processors be required to be CDQ observers beginning January 1, 
2001, to ensure that such observers are adequately trained in the use 
and monitoring of scales used to monitor pollock landings in AFA 
inshore processors. However, NMFS is delaying this requirement until 
2001 to provide adequate opportunity for observer contractors to 
recruit and train sufficient numbers of CDQ observers for deployment in 
both AFA and CDQ fisheries.

AFA Catcher Vessels

    This emergency interim rule makes no changes to existing observer 
coverage levels for AFA catcher vessels.

Catcher/Processor and Mothership Cooperative Restrictions

    Subsection 210(a) of the AFA sets out public notice requirements 
for all BSAI pollock fishery cooperatives. To incorporate these 
requirements, this emergency interim rule stipulates that any contract 
implementing a fishery cooperative for the purpose of cooperatively 
managing directed fishing for pollock for harvest by the catcher/
processor or mothership sectors, and any material modifications to any 
such contract, must be filed with the Council and with the 
Administrator, Alaska Region, NMFS (Regional Administrator) not less 
than 30 days prior to the start of fishing under the contract, together 
with a copy of a letter from a party to the contract requesting a 
business review letter on the fishery cooperative from the Department 
of Justice and any response to such request.
    In addition, the contracts of all catcher vessel cooperatives 
delivering to catcher/processors or AFA motherships must include at a 
minimum: (1) A list of parties to the contract, (2) a list of all 
vessels and processors that will harvest and process pollock harvested 
under the cooperative, (3) the amount or percentage of pollock 
allocated to each party to the contract, and (4) penalties to prevent 
member vessels from exceeding in the aggregate, a harvest of any other 
BSAI or GOA groundfish species or species group that is equal to the 
percentage of each sideboard species that NMFS has attributed to the 
non-exempt vessels in the cooperative in the calculation of the 
sideboard amount, unless an inter-cooperative agreement provides for a 
different distribution of sideboard harvests between AFA catcher 
vessels. This penalty requirement was recommended by the Council at the 
request of catcher vessel owners so that the catcher vessel fleet has a 
mechanism to prevent an uncontrolled catcher vessel race for fish for 
sideboard species.
    In addition, any pollock fishery cooperative governed by this 
emergency interim rule must submit annual preliminary and final written 
reports on fishing activity to the Council for public distribution. The 
preliminary report covering activities through November 1 must be 
submitted by December 1 of each year and the final report must be 
submitted by January 31 of the following year. The preliminary and 
final written reports must contain, at a minimum: (1) The cooperative's 
allocated amounts of pollock and sideboard species, and any sub-
allocations of pollock and sideboard species made by the cooperative to 
individual vessels on a vessel-by-vessel basis; (2) the cooperative's 
actual retained and discarded catch of pollock, sideboard species, and 
PSC on an area-by-area and vessel-by-vessel basis; (3) a description of 
the method used by the cooperative to monitor fisheries in which 
cooperative vessels participated; and (4) a description of any actions 
taken by the cooperative to penalize vessels that exceed their allowed 
catch and bycatch in pollock and all sideboard fisheries.

Inshore Cooperative Restrictions

    Under the AFA, a fundamental difference exists between the fishery 
cooperatives authorized to operate in the AFA catcher/processor and AFA 
mothership sectors, and the fishery cooperatives authorized to operate 
in the inshore sector. AFA catcher/processor and AFA mothership 
cooperatives operate at the sector level and do not require separate 
allocations of pollock from NMFS in order to operate. Inseason 
management of the AFA catcher/processor and AFA mothership sectors will 
continue to occur at the sector level regardless of the presence or 
absence of fishery cooperatives because the formation of cooperatives 
does not require NMFS to sub-allocate TAC.
    However, the inshore catcher vessel cooperatives authorized by the 
AFA require an entirely different management structure. Subsection 
210(b) of the AFA requires that NMFS make separate TAC allocations to 
inshore catcher vessel cooperatives that form around an AFA inshore 
processor and that meet certain restrictions. For this reason, inshore 
cooperatives require substantially greater regulatory and management 
infrastructure than AFA catcher/processor and AFA mothership sector 
cooperatives. This emergency interim rule implements the following 
inshore cooperative management measures under subsection 210(b) of the 
AFA.

Filing of Inshore Cooperative Contracts

    Any inshore catcher vessel cooperative wishing to receive an 
allocation of pollock for an upcoming fishery year must apply for an 
AFA

[[Page 4525]]

inshore cooperative fishing permit as detailed in the previous 
emergency interim rule to implement AFA permit requirements (65 FR 380, 
January 5, 2000). Inshore cooperatives also must comply with the 
contract requirements for AFA catcher/processor and AFA mothership 
sector cooperatives outlined here. In addition to applying for an 
inshore cooperative fishing permit, all inshore sector cooperatives 
must file their contract with the Council and with the Regional 
Administrator as detailed above.
    Inshore cooperatives wishing to receive an allocation of pollock 
have several additional contract requirements. An inshore cooperative 
contract eligible for a pollock allocation must be signed by the owners 
of at least 80 percent of the qualified catcher vessels. In addition, 
inshore cooperative contracts must specify that the cooperative will 
deliver at least 90 percent of the pollock harvested in the directed 
pollock fishery to such shoreside processor during the year in which 
the fishery cooperative will be in effect and that such shoreside 
processor has agreed to process such pollock.

Qualified Catcher Vessels

    Paragraph 210(b)(3) of the AFA defines a qualified catcher vessel 
as follows: ``[A] catcher vessel shall be considered a ``qualified 
catcher vessel'' if, during the year prior to the year in which the 
fishery cooperative will be in effect, it delivered more pollock to the 
shoreside processor to which it will deliver pollock under the fishery 
cooperative * * * than to any other shoreside processor.'' This 
paragraph of the AFA requires that a vessel wishing to join an inshore 
cooperative must have delivered more pollock to the cooperative's 
designated inshore processor than to any other inshore processor during 
the year prior to the year in which the cooperative fishing permit will 
be in effect. Consequently, catcher vessels wishing to join 
cooperatives must have made at least one delivery of pollock during the 
year prior to the year in which the cooperative fishing permit will be 
in effect.
    For the purpose of this emergency interim rule, a catcher vessel is 
a qualified catcher vessel if: (1) It delivered more pollock harvested 
in the BSAI directed pollock fishery to the cooperative's designated 
AFA inshore processor than to any other shoreside processor or 
stationary floating processor during the year prior to the year in 
which the cooperative fishing permit will be in effect; and (2) the 
owner(s) of the catcher vessel in question has submitted a completed 
application for an AFA catcher vessel permit to the Regional 
Administrator that was received on or before December 31, 1999, and is 
not subsequently disapproved.
    These two additional measures to the qualified catcher vessel 
definition in the statute are necessary to implement the inshore 
cooperative program in this emergency interim rule. The first 
additional measure, that qualifying harvests must be in the BSAI 
directed pollock fishery is necessary to prevent a vessel's incidental 
bycatch of pollock in other fisheries from inadvertently affecting its 
cooperative qualification. Counting pollock bycatch could create the 
unintended effect of restricting the ability of catcher vessels to 
deliver non-pollock groundfish to other markets. Because pollock is a 
common bycatch species in the Pacific cod fishery and other groundfish 
fisheries, AFA catcher vessels fishing for Pacific cod may land 
significant amounts of pollock as incidental bycatch that will be 
counted against the pollock incidental catch allowance and not the 
vessel's cooperative quota. The AFA makes no restrictions on either the 
delivery or processing of non-pollock groundfish species in the BSAI. 
Consequently, AFA catcher vessels fishing for Pacific cod are free to 
deliver their Pacific cod and associated incidental catch of pollock to 
any processor, not just to one of the eight AFA processors that are 
authorized to receive pollock harvested in the BSAI directed pollock 
fishery.
    If an AFA vessel's cooperative qualification is based on all catch 
of pollock and not just pollock harvested in the directed fishery, then 
an AFA catcher vessel fishing for Pacific cod and delivering to a 
processor other than its AFA pollock processor could inadvertently 
disqualify itself from its cooperative of choice due to incidental 
pollock harvests in other fisheries. In fact, because Pacific cod 
processors other than the eight AFA inshore pollock processors also 
operate in the BSAI, an active AFA catcher vessel delivering Pacific 
cod to a non-AFA processor could inadvertently find itself ineligible 
to join any inshore cooperative because the processor to which it 
delivered more pollock than any other processor may be a non-AFA 
processor, absent this clarification that only pollock harvests in the 
BSAI directed pollock fishery count towards qualifying landings.
    The second additional measure, that a ``qualified catcher vessel'' 
is a vessel for which the owner(s) has submitted a completed 
application for an AFA catcher vessel permit to the Regional 
Administrator that was received on or before December 31, 1999, and is 
not subsequently disapproved, is necessary for timing reasons. NMFS 
will not have a final official list of eligible catcher vessels until 
all owners of potentially eligible vessels have submitted applications 
to NMFS that have been subsequently approved or denied. Consequently, 
it is impossible for a cooperative to know by the inshore pollock 
cooperative fishing permit application deadline if it is composed of at 
least 80 percent of the eligible catcher vessels. For this reason, and 
for the purpose of this definition of ``qualified catcher vessel'' this 
emergency interim rule considers a vessel qualified if it has submitted 
a completed application to the Regional Administrator by the December 
31 deadline for inshore pollock cooperative fishing permit 
applications.
    Under this emergency interim rule, a vessel that did not engage in 
directed fishing for BSAI pollock during a fishing year will be 
ineligible to join any inshore cooperative for the subsequent fishing 
year. In addition, a catcher vessel that is a member of one cooperative 
during a fishing year will be unable, under most circumstances, to join 
a different cooperative for the subsequent fishing year. To change 
cooperatives, a catcher vessel must qualify to fish for the new 
cooperative, which could require that the vessel spend a year fishing 
in the ``open access'' fishery, unless the catcher vessel is able to 
deliver more pollock harvested in the BSAI directed pollock fishery to 
the new cooperative's designated processor than to the designated 
processor of the vessel's current cooperative. Because cooperative 
contracts formed under the AFA may provide for the delivery of up to 10 
percent of a cooperative's allocation to processors other than the 
cooperative's designated processor, a vessel could change cooperatives 
from 1 year to the next if the vessel made use of this 10-percent 
provision to deliver more pollock to the designated processor of the 
new cooperative than to the designated processor of the vessel's 
existing cooperative.
    Inshore Cooperative TAC Allocations. Under this emergency interim 
rule, an inshore pollock cooperative that applies for and receives an 
AFA inshore cooperative fishing permit will receive a sub-allocation of 
the annual inshore pollock TAC allocation. Subsection 210(b) of the AFA 
establishes an explicit formula for allocating pollock TAC to inshore 
cooperatives based on the percentage of inshore pollock harvested by 
member vessels during 1995, 1996,

[[Page 4526]]

and 1997. However, the Council has recommended an alternative formula 
for allocating pollock TAC to inshore cooperatives that is contained in 
this emergency interim rule.
    Paragraph 213(c)(3) of the AFA provides the Council with the 
authority to recommend for approval by the Secretary of Commerce 
(Secretary), an alternative formula for allocating BSAI pollock to 
inshore cooperatives. Paragraph 213(c)(3) states that ``the Council may 
recommend and the Secretary may approve conservation and management 
measures in accordance with the Magnuson-Stevens Act * * * that 
supersede the criteria required in paragraph (1) of section 210(b) to 
be used by the Secretary to set the percentage allowed to be harvested 
by catcher vessels pursuant to a fishery cooperative under such 
paragraph.'' After analysis and based on the recommendations of its 
Advisory Panel, the Council elected to recommend two changes to the 
inshore cooperative allocation formula set out in the AFA.
    The first change recommended by the Council allows catcher vessels 
with inshore sector endorsements to receive inshore catch history 
credit for landings made to catcher/processors when the vessel made 
more than 499 mt of landings to catcher/processors during the 1995 
through 1997 qualifying period. The Council recommended this change to 
assist the cooperatives in meeting the intent of paragraph 210(b)(4) of 
the AFA, which specifies that: ``Any contract implementing a fishery 
cooperative under paragraph (1) which has been entered into by the 
owner of a qualified catcher vessel eligible under section 208(a) that 
harvested pollock for processing by catcher/processors or motherships 
in the directed pollock fishery during 1995, 1996, and 1997 shall, to 
the extent practicable, provide fair and equitable terms and conditions 
for the owner of such qualified catcher vessel.''
    The Council chose the 499 mt threshold based on the recommendation 
of its Advisory Panel that vessels with sustained participation 
delivering to catcher/processors, but excluded from delivering to 
catcher/processors under subsection 208(b) of the AFA, should not be 
disadvantaged by the new management regime. The Council chose 499 mt as 
the threshold based on information presented in the EA/RIR, which 
indicated that 499 mt provided a good break point between vessels with 
significant history of delivering to catcher/processors and vessels 
that only had incidental deliveries to catcher/processors during the 
1995 through 1997 qualifying period. The Council recommended that only 
deliveries to catcher/processors be considered for ``compensation'' and 
not deliveries made to the three motherships listed in subsection 
208(d) of the AFA during the qualifying period, because any vessel with 
more than 250 mt of pollock deliveries to one of the three AFA 
motherships during the qualifying period will earn an endorsement to 
deliver pollock to AFA motherships under the AFA and therefore, has not 
``lost'' any fishing privileges as a result of the AFA.
    The second change recommended by the Council modifies the 
allocation formula so that the share of the BSAI pollock TAC that each 
catcher vessel brings into a cooperative would be based on average 
annual pollock landings in its best 2 out of 3 years from 1995 through 
1997. These changes to the allocation formula were unanimously endorsed 
by industry representatives during public testimony at the June 1999 
Council meeting and were seen as a more equitable method of allocating 
pollock catch because some vessels may have missed all or part of the 
inshore fishery in a given year due to unavoidable circumstances such 
as vessel breakdowns or lack of markets.
    Under this emergency interim rule, NMFS will use the allocation 
formula recommended by the Council to make annual allocations of 
pollock to each inshore cooperative for each subarea of the BSAI; the 
BS subarea and the AI subarea. These two subareas are treated as 
separate pollock stocks under the FMP and receive separate TACs during 
the annual specification process. Because the AI subarea is currently 
closed to directed fishing for pollock, cooperative allocations of AI 
subarea pollock will not be made under this emergency interim rule. 
Each cooperative will receive an annual allocation of BS subarea 
pollock only.

Inshore Cooperative Fishing Restrictions

    This emergency interim rule imposes a variety of requirements and 
management standards on inshore fishery cooperatives. First, only 
catcher vessels listed on the cooperative's AFA inshore cooperative 
fishing permit are permitted to harvest the cooperative's annual 
cooperative allocation. Second, all BSAI inshore pollock harvested by a 
member vessel while engaging in directed fishing for inshore pollock 
will accrue against the cooperative's annual pollock allocation 
regardless of whether the pollock was retained or discarded. Third, 
each inshore pollock cooperative is responsible for reporting to NMFS 
its BSAI pollock harvest on a daily basis according to the 
recordkeeping and reporting requirements described above. Fourth, each 
inshore pollock cooperative is prohibited from exceeding its annual 
allocation of BSAI pollock, and the owners and operators of all vessels 
listed on the cooperative fishing permit would be held jointly and 
severally liable for overages of the cooperative's annual allocation.

Inshore Cooperative Designated Representative

    Each inshore catcher vessel cooperative is required to appoint a 
designated representative. The designated representative will act as 
the point of contact for all matters related to the cooperative's 
participation in the AFA fishery, and will be responsible for 
completing and submitting the catcher vessel cooperative pollock catch 
report. The owners of the member catcher vessels are jointly and 
severably responsible for compliance and insuring that the designated 
representative complies with the recordkeeping and reporting 
requirements contained in this emergency interim rule.

Inshore Cooperative Agent for Service of Process

    Each inshore catcher vessel cooperative is required to appoint an 
agent to serve on behalf of the cooperative. The appointed agent for 
service of process may be the owner of a vessel listed as a member of 
the cooperative or a registered agent. If at any time the cooperative's 
appointed agent for service of process becomes unable to accept 
service, then the cooperative members are required to notify the 
Regional Administrator of a substitute appointed agent. Service on or 
notice to the cooperative's appointed agent constitutes service on or 
notice to all members of the cooperative.
    NMFS may, at its option, attempt to serve every member of the 
cooperative individually in addition to service on the cooperative's 
appointed agent. However, failure to achieve service on the individual 
member will not affect the validity of constructive notice if service 
is accomplished on the inshore pollock cooperative's appointed agent 
for service of process.

Inseason Management of Inshore Cooperative Fishing

    Under this emergency interim rule, NMFS will manage the allocations 
to inshore cooperative and vessels not participating in a cooperative 
as two separate inshore fisheries. The various inshore cooperatives 
will be managed as a group for the purpose of making TAC apportionments 
by season and area and for the purpose of issuing directed

[[Page 4527]]

fishing closures. NMFS will continue to announce directed fishing 
closures for each inshore fishery when the Regional Administrator 
determines that the TAC allocated to that fishery for a particular 
season and area has been reached. Under this system, fishing by inshore 
cooperatives will be unaffected by fishing by inshore catcher vessels 
that are not participating in a cooperative. However, the aggregate 
harvests by all inshore cooperatives will determine the inshore 
cooperative directed fishing closures for each season and area.
    Due to the complexities of implementing this management program 
within the short time frame required by the AFA, NMFS is not 
implementing a system under which each individual inshore cooperative 
would receive allocations of pollock subdivided by each management area 
and season. Under this emergency interim rule, each inshore cooperative 
is given the opportunity to harvest its entire annual allocation of BS 
subarea pollock, but will not receive a specific guarantee of harvest 
levels for any particular season or management area within the BS 
subarea. NMFS encourages cooperatives wishing to further rationalize 
their annual operations to work with each other to prevent the 
activities of one cooperative from preempting the harvest plans of 
another cooperative within a specific season or area.
    Inshore catcher vessel cooperatives also are required to complete 
and submit annual preliminary and final reports of fishing activity to 
the Council. The submission deadlines and required content are the same 
as the report requirements for AFA catcher/processor and AFA mothership 
sector cooperatives as described earlier.

Catcher/Processor Groundfish Sideboards

    The AFA establishes harvest restrictions or ``sideboards'' on the 
participation of unrestricted AFA catcher/processors in other BSAI 
groundfish fisheries and completely prohibits AFA catcher/processors 
fishing in the GOA. These harvest limits apply only to unrestricted AFA 
catcher/processors listed in paragraphs 208(e)(1) through (20) of the 
AFA and are not extended to restricted AFA catcher/processors that 
qualify to fish for pollock under paragraph 208(e)(21) of the AFA. The 
language establishing catcher/processor harvest limits is set out in 
paragraphs 211(b)(1) and (2) of the AFA as follows:

    (b) Catcher/Processor Restrictions.--
    (1) General.--The restrictions in this sub-section shall take 
effect on January 1, 1999 and shall remain in effect thereafter 
except that they may be superceded (with the exception of paragraph 
(4)) by conservation and management measures recommended after the 
date of the enactment of this Act by the North Pacific Council and 
approved by the Secretary in accordance with the Magnuson-Stevens 
Act.
    (2) Bering Sea Fishing.--The catcher/processors eligible under 
paragraphs (1) through (20) of section 208(e) are hereby prohibited 
from, in the aggregate--
    (A) Exceeding the percentage of the harvest available in the 
offshore component of any Bering Sea and Aleutian Islands groundfish 
fishery (other than the pollock fishery) that is equivalent to the 
total harvest by such catcher/processors and the catcher/processors 
listed in section 209 in the fishery in 1995, 1996, and 1997 
relative to the total amount available to be harvested by the 
offshore component in the fishery in 1995, 1996, and 1997;
    (B) Exceeding the percentage of the prohibited species available 
in the offshore component of any Bering Sea and Aleutian Islands 
groundfish fishery (other than the pollock fishery) that is 
equivalent to the total of the prohibited species harvested by such 
catcher/processors and the catcher/processors listed in section 209 
in the fishery in 1995, 1996, and 1997 relative to the total amount 
of prohibited species available to be harvested by the offshore 
component in the fishery in 1995, 1996, and 1997; and
    (C) Fishing for Atka mackerel in the eastern area of the Bering 
Sea and Aleutian Islands and from exceeding the following 
percentages of the directed harvest available in the Bering Sea and 
Aleutian Islands Atka mackerel fishery--
    (i) 11.5 percent in the central area; and
    (ii) 20 percent in the western area.

    For the 1999 fishing year, NMFS implemented these provisions by 
publishing the harvest limits in the 1999 BSAI harvest specifications 
and prohibiting unrestricted AFA catcher/processors from engaging in 
directed fishing for a groundfish species or species group when NMFS 
determined that the sideboard limit was likely to be met or exceeded.
    At its June 1999 meeting, the Council recommended that catcher/
processor harvest limits for BSAI groundfish other than Atka mackerel 
be based on the 1995 through 1997 retained catch of such groundfish 
species by the 20 unrestricted AFA catcher/processors listed in 
paragraphs 208(e)(1) through (20) of the AFA and the nine ineligible 
catcher/processors listed in section 209 of the AFA, except for Pacific 
cod which would be based on 1997 retained catch only. The Council 
recommended that only 1997 catch history be used to determine Pacific 
cod harvest limits because 1997 was the first year in which the BSAI 
Pacific cod trawl gear allocation was split between catcher/processors 
and catcher vessels. Prior to 1997 the BSAI Pacific cod TAC was not 
allocated between catcher/processors and catcher vessels, meaning that 
pre-1997 Pacific cod TACs and harvest percentages by AFA catcher/
processors are not directly comparable to present day Pacific cod 
allocations. The Council also recommended that only the years 1996 and 
1997 be used to calculate Pacific ocean perch (POP) sideboard amounts 
because 1996 was the first year in which the POP TAC was divided 
between the BS subarea and AI subarea.
    However, since the Council made this recommendation in June 1999, 
NMFS has received comments from the public suggesting that the public 
was not provided adequate notice or opportunity to comment on this 
recommendation prior to the Council's June, 1999, vote on this issue, 
and that NMFS would benefit from a more deliberative rulemaking process 
that allowed for public review and comment on the Council's recommended 
approach. Adequate opportunity for public review and comment is 
especially important given that the Council's June discussion and 
action on catcher/processor sideboards was based on an alterative not 
addressed in the draft analysis available to the public prior to 
Council action. For this reason, NMFS has decided to calculate catcher/
processor groundfish sideboards amounts for 2000 under this emergency 
interim rule in the same manner those sideboards were calculated in 
1999.
    As a consequence, all catcher/processor harvest sideboards other 
than Atka mackerel will be based on the total catch of each groundfish 
species by the 20 unrestricted AFA catcher/processors listed in 
paragraphs 208(e)(1) through (20) of the AFA and the nine ineligible 
catcher/processors listed in section 209 of the AFA when such vessels 
were engaged in groundfish fisheries other than pollock. In the future 
proposed rule to implement the AFA under Amendments 61/61/13/8, NMFS 
intends to incorporate the Council's recommendation to base these 
amounts on historical retained catch only, so that the public has 
opportunity to review and comment on these recommendations before they 
are approved or disapproved by NMFS as part of the FMP amendment review 
process.
    Under this emergency interim rule, the Atka mackerel sideboard 
percentages laid out in subparagraph 211(b)(1)(C) of the AFA are 
carried forward unchanged. The AFA catcher/processor sideboard limit 
for Atka mackerel is zero percent of the BS subarea and Eastern 
Aleutians annual TAC, 11.5 percent of the Central

[[Page 4528]]

Aleutians annual TAC, and 20 percent of the Western Aleutians annual 
TAC.
    The Council did not recommend any changes to the formula for 
establishing prohibited species catch (PSC) bycatch limits set out in 
subparagraph 211(b)(2)(B) of the AFA. However, the Council recommended 
that NMFS not implement catcher/processor sideboards for salmon and 
herring because extensive management measures are already in place to 
limit bycatch of those PSC species in the BSAI pollock fishery and 
incidental bycatch of salmon or herring is primarily a concern in the 
pollock fishery and not in the directed fisheries for other groundfish 
species.

Management of Catcher/Processor Sideboards

    This emergency interim rule amends the BSAI interim groundfish 
harvest specifications to establish catcher/processor sideboard limits 
for groundfish and PSC species. These sideboard limits will be managed 
through directed fishing closures. Under the procedures established in 
this emergency interim rule, NMFS will evaluate each groundfish harvest 
limit specified according to the formula outlined previously and will 
authorize directed fishing by unrestricted AFA catcher/processors only 
for those BSAI groundfish species for which the harvest limit is large 
enough to support a directed fishery by unrestricted AFA catcher/
processors. Groundfish species for which the catcher/processor harvest 
limit is too small to support a directed fishery will be closed to 
directed fishing by unrestricted AFA catcher/processors at the 
beginning of the fishing year. Using this approach, NMFS will assure 
that unrestricted AFA catcher/processors will not participate in other 
directed fisheries at levels that would exceed their level of 
participation from 1995 through 1997.

Catcher Vessel Sideboards

    In addition to catcher/processor harvest restrictions, this 
emergency interim rule establishes catcher vessel harvest limits for 
BSAI crab, BSAI and GOA groundfish, and the Alaska scallop fishery. 
Paragraph 211(c)(1)(A) of the AFA states: ``By not later than July 1, 
1999, the North Pacific Council shall recommend for approval by the 
Secretary conservation and management measures to * * * prevent the 
catcher vessels eligible under subsections (a), (b), and (c) of section 
208 from exceeding in the aggregate the traditional harvest levels of 
such vessels in other fisheries under the authority of the North 
Pacific Council as a result of fishery cooperatives in the directed 
pollock fishery.'' The Council met this requirement by taking final 
action on a comprehensive suite of catcher vessel sideboard measures at 
its June 1999 meeting and forwarding those recommendations to NMFS.
    Because the BSAI king and Tanner crab fisheries and the Alaska 
scallop fishery are managed by the State under Federal oversight, the 
Council recommended that crab and scallop catcher vessel sideboards be 
implemented jointly through State and Federal actions. Under Amendment 
4 to the scallop FMP, the Council has developed a license limitation 
program for the Alaska scallop fishery under which only one AFA catcher 
vessel would be eligible to receive a scallop license. Amendment 4 is 
currently under review by NMFS and, if approved, would take effect for 
the 2000 scallop season. In addition, under Amendment 8 to the FMP for 
the scallop fishery off Alaska, the Council has recommended that the 
State implement an AFA catcher vessel scallop sideboard limit equal to 
the percentage of the scallop guideline harvest level that was 
harvested by AFA catcher vessels in 1997. Therefore, NMFS has 
determined that additional scallop sideboard measures are not required 
in this emergency interim rule.
    With respect to BSAI crab fisheries, NMFS is limiting participation 
by AFA catcher vessels through AFA catcher vessel permit endorsements. 
Only AFA catcher vessels with a demonstrated history in a particular 
crab fishery may continue participating in that fishery. A catcher 
vessel that lacks the appropriate crab sideboard endorsements is 
prohibited from retaining BSAI king and Tanner crab. These crab 
sideboard endorsements have been implemented under the emergency 
interim rule to implement AFA permit requirements (65 FR 380, January 
5, 2000). In addition to entry restrictions, the Council also 
recommended that the State implement AFA catcher vessel harvest limits 
for the Bristol Bay red king crab and Bairdi Tanner crab fisheries 
under Amendment 14 to the FMP for the BSAI king and Tanner crab 
fisheries. With respect to Bristol Bay red king crab fishery, the 
Council recommended an AFA catcher vessel sideboard limit equal to the 
percentage of Bristol Bay red king crab harvested by AFA catcher 
vessels from 1991 through 1997, excluding 1994 and 1995 when the 
fishery was closed. For the Bairdi Tanner crab fishery, the Council 
recommended that AFA catcher vessels be excluded from the fishery until 
the Council's Bairdi rebuilding goal is reached, and then be limited to 
their historic catch percentage from 1995-1996. The State intends to 
implement these recommended crab sideboard limits through State 
regulations.
    With respect to BSAI and GOA groundfish fisheries, the Council 
recommended that AFA catcher vessel sideboards be established based on 
landed catch and be managed through directed fishing closures in the 
same manner as AFA catcher/processor sideboards. A significant 
difference between catcher/processor and catcher vessel groundfish 
sideboards is that the Council recommended that certain AFA catcher 
vessels be exempt from some BSAI and GOA groundfish sideboards while no 
exemptions were recommended for unrestricted AFA catcher/processors. 
This emergency interim rule contains the Council's recommended BSAI and 
GOA groundfish and PSC sideboards for AFA catcher vessels, which are 
summarized here

Groundfish Sideboards in the BSAI

    Under this emergency interim rule, groundfish sideboards will be 
established for all BSAI groundfish species using a formula based on 
the retained catch of AFA catcher vessels of each sideboard species 
from 1995 through 1997 (1997 only for BSAI Pacific cod) divided by the 
available TAC for that species over the same period. AFA catcher vessel 
sideboards will apply to all AFA catcher vessels regardless of sector 
and regardless of participation in a cooperative except that catcher 
vessels less than 125 ft (38.1 meters (m)) LOA whose annual BSAI 
pollock landings averaged less than 1700 mt from 1995 through 1997 
(i.e., landed less than 5,100 mt of pollock over the 3-year period) and 
that made 30 or more landings of BSAI Pacific cod during that time 
period are exempt from sideboard closures for BSAI Pacific cod and 
their historic catch is not counted towards the sideboard. In addition, 
AFA catcher vessels with mothership endorsements are exempt from 
Pacific cod sideboard closures after March 1 of each year.
    In recommending these exemptions for BSAI Pacific cod, the Council 
noted that many of the AFA catcher vessels with relatively low catch 
histories of BSAI pollock have traditionally targeted Pacific cod 
rather than pollock during the January through March BSAI Pacific cod 
fishery. The Council believed that restricting such vessels in the 
Pacific cod fishery would be inequitable given their disproportionate 
history of participation in the Pacific cod fishery and because their 
historic dedication to

[[Page 4529]]

Pacific cod fishing in the winter months accounts for their lower catch 
histories of BSAI pollock during the AFA qualifying years. With respect 
to the March 1 exemption for AFA catcher vessels with mothership 
endorsements, the Council made this recommendation for several reasons. 
In most years, the BSAI Pacific cod fishery is largely concluded by 
March 1 and fishing is often less productive in terms of catch per unit 
effort after that date. Given that as few as two non-AFA catcher 
vessels have fished for BSAI Pacific cod in recent years, the Council 
believed that some additional vessels might be needed after this date 
to completely harvest the TAC so that processors are not faced with a 
slow trickle of Pacific cod deliveries that are uneconomical to 
process. The Council recommended that AFA catcher vessels with 
mothership endorsements be allowed to re-enter the BSAI Pacific cod 
fishery after March 1 because the mothership sector received a 
relatively smaller pollock quota under the AFA and mothership catcher 
vessels are more likely to be finished with their pollock operations by 
that date.
    Catcher vessel PSC sideboards for BSAI groundfish fisheries will be 
managed in the same manner as catcher/processor PSC sideboards, however 
the sideboard amounts would be calculated differently. Because 
individual vessel PSC catch histories are not available for AFA catcher 
vessels, PSC sideboard amounts will be pro-rated based on percentage of 
groundfish catch in each BSAI groundfish fishery.

Groundfish Sideboards in the GOA

    Catcher vessel sideboards for GOA groundfish fisheries will be 
established and managed in the same manner as the catcher vessel 
sideboards in the BSAI groundfish fisheries except that catcher vessels 
less than 125 ft (38.1 m) LOA whose annual BSAI pollock landings 
averaged less than 1700 mt from 1995 through 1997 (i.e., landed less 
than 5,100 mt of pollock over the 3-year period) and that made 40 or 
more GOA groundfish landings over the same period are exempt from 
sideboard closures for GOA groundfish fisheries. The catch histories of 
the exempt vessels would not be counted towards the sideboard amounts 
for non-exempt vessels. As with the BSAI Pacific cod fishery, the 
Council noted that many AFA catcher vessels with relatively low catch 
histories in BSAI pollock have traditionally participated in GOA 
groundfish fisheries. Indeed, many of these vessels are based in Kodiak 
and other GOA ports and have historically concentrated their fishing 
effort in GOA fisheries. The Council believed that it would be 
inequitable to limit such vessels from participating in GOA fisheries 
when they have historically fished in the GOA and may have relatively 
low pollock catch histories in the BSAI during the AFA qualifying years 
due to their history of fishing primarily in the GOA.
    The Council specifically limited both the BSAI Pacific cod and GOA 
groundfish sideboard exemptions to vessels with a significant history 
of participation in those fisheries and indicated that it believed such 
exemptions were consistent with the catcher vessel sideboard provisions 
at paragraph 211(c)(1) of the AFA, which require that:

    * * * By not later than July 1, 1999, the North Pacific Council 
shall recommend for approval by the Secretary conservation and 
management measures to--
    (A) Prevent the catcher vessels eligible under subsections (a), 
(b), and (c) of section 208 from exceeding in the aggregate the 
traditional harvest levels of such vessels in other fisheries under 
the authority of the North Pacific Council as a result of fishery 
cooperatives in the directed pollock fishery * * *

    The EA/RIR prepared for this action estimates the potential number 
of exempt vessels to be 10 catcher vessels in the BSAI and 20 catcher 
vessels in the GOA. The Council noted that because these exempt vessels 
traditionally have participated at high levels in the BSAI Pacific cod 
and GOA groundfish fisheries, such exemptions were not likely to cause 
the aggregate harvest levels of all AFA catcher vessels to exceed 
traditional levels in these fisheries. However, the Council noted that 
even if fishing in the BSAI Pacific cod and GOA groundfish fisheries by 
exempt vessels does cause the aggregate harvest of all AFA catcher 
vessels to exceed historic levels in other groundfish fisheries, the 
exemptions are warranted and within the authority of the Council to 
recommend under paragraph 213(c)(1) of the AFA, which states:

    The North Pacific Council may recommend and the Secretary may 
approve conservation and management measures in accordance with the 
Magnuson-Stevens Act--
    (1) That supersede the provisions of this title, except for 
sections 206 and 208, for conservation purposes or to mitigate 
adverse effects in fisheries or on owners of fewer than three 
vessels in the directed pollock fishery caused by this title or 
fishery cooperatives in the directed pollock fishery, provided such 
measures take into account all factors affecting the fisheries and 
are imposed fairly and equitably to the extent practicable among and 
within the sectors in the directed pollock fishery.

    The Council believed that these two exemptions are indeed warranted 
to mitigate adverse economic effects as described above on owners of 
fewer than three vessels in the directed pollock fishery given that the 
exempt vessels are primarily owned by independent fishermen who own 
fewer than three vessels in the directed pollock fishery.

AFA Inshore Processor and AFA Mothership Crab Processing Sideboards

    Subparagraph 211(c)(2)(A) of the AFA establishes limits on crab 
processing for AFA inshore processors and AFA motherships that receive 
pollock harvested by a fishery cooperative:

    Effective January 1, 2000, the owners of the motherships 
eligible under section 208(d) and the shoreside processors eligible 
under section 208(f) that receive pollock from the directed pollock 
fishery under a fishery cooperative are hereby prohibited from 
processing, in the aggregate for each calendar year, more than the 
percentage of the total catch of each species of crab in directed 
fisheries under the jurisdiction of the North Pacific Council than 
facilities operated by such owners processed of each such species in 
the aggregate, on average, in 1995, 1996, 1997. For the purposes of 
this subparagraph, the term ``facilities'' means any processing 
plant, catcher/ processor, mothership, floating processor, or any 
other operation that processes fish. Any entity in which 10 percent 
or more of the interest is owned or controlled by another individual 
or entity shall be considered to be the same entity as the other 
individual or entity for the purposes of this subparagraph.

    At its October 1999 meeting, the Council recommended that NMFS 
implement these crab processing sideboards through processing caps that 
would be managed in the aggregate through inseason crab processing 
closures for AFA entities. However, NMFS does not currently have a crab 
monitoring or management program in place that would provide crab 
processing data on a sufficiently timely basis to issue inseason crab 
processing closures to AFA entities. Under the BSAI king and Tanner 
crab FMP, the primary inseason management responsibility for crab 
fisheries is delegated to the State and NMFS is not involved with day-
to-day management of BSAI crab fisheries. NMFS intends to work closely 
with the Alaska Department of Fish and Game to develop a management 
program that could implement the aggregate crab processing sideboards 
recommended by the Council. However, due to the complexities of 
developing such an inseason management program, NMFS believes that such 
a program will not likely be implemented prior to mid-2000 at the 
earliest.

[[Page 4530]]

    To meet the January 2000 deadline for crab processing sideboards 
that is set out in subparagraph 211(c)(2)(A) of the AFA, NMFS is 
implementing a crab processing sideboard management program on an 
entity-by-entity basis in this emergency interim rule. Under the 
interim program set out in this emergency interim rule, all of the 
individuals, corporations, or other entities that directly or 
indirectly own or control a 10-percent or greater interest in the AFA 
mothership or inshore processor will be considered a single AFA inshore 
or mothership entity and will have crab processing caps issued to the 
entity based on its collective 1995 through 1997 crab processing 
activity. To implement this interim program, NMFS is requiring that the 
owners of an AFA mothership or AFA inshore processor wishing to process 
pollock harvested by a cooperative identify on their permit 
applications all individuals, corporations, or other entities that 
directly or indirectly own or control a 10-percent or greater interest 
in the AFA mothership and/or inshore processor (collectively the AFA 
inshore or mothership entity), and any other crab processors in which 
such entities have a 10-percent or greater interest (the associated AFA 
crab facilities). For each BSAI king and Tanner crab fishery, NMFS will 
calculate the average percentage of the total crab harvest processed by 
the associated AFA crab facilities and issue entity-wide crab 
processing caps for each crab fishery to each AFA inshore or mothership 
entity on its AFA mothership or AFA inshore processor permit. Each 
individual, corporation, or other entity comprising an AFA inshore or 
mothership entity will be responsible for insuring that the AFA crab 
processing facilities associated with the AFA inshore or mothership 
entity do not exceed the entity's caps. The individuals, corporations 
and other entities comprising the AFA inshore or mothership entity will 
be held jointly and severably liable for any overage.
    These crab processing caps will apply to all crab processed by the 
associated AFA crab processing facilities including any ``custom 
processing'' activity. Custom processing refers to a contractual 
relationship in which one processing facility processes crab on behalf 
of another processor. Under this emergency interim rule, custom 
processing of crab is not prohibited, but any custom processing of crab 
done under contract with an AFA crab processor will be counted against 
the associated AFA inshore or mothership entity's crab processing cap.

Excessive Shares Harvesting Limit

    Paragraph 210(e)(1) of the AFA establishes an excessive harvesting 
share cap of 17.5 percent of the directed pollock fishery as follows:

    Harvesting.--No particular individual, corporation, or other 
entity may harvest, through a fishery cooperative or otherwise, a 
total of more than 17.5 percent of the pollock available to be 
harvested in the directed pollock fishery.

    To implement this provision of the AFA, this emergency interim rule 
requires that NMFS publish in the proposed, interim, and final 
specifications, the tonnage amount that equates to 17.5 percent of the 
pollock available to be harvested in the directed pollock fishery.

Revised 2000 Interim Harvest Specifications

    The 2000 interim harvest specifications for BSAI groundfish 
published on January 3, 2000 (65 FR 60), must be revised to incorporate 
the new inshore pollock allocations and sideboards implemented by this 
emergency interim rule. Therefore, in accordance with the provisions of 
this emergency interim rule, the following additions are made to the 
2000 interim specifications for groundfish in the BSAI and GOA. These 
additional interim specifications are based on the Council's final 2000 
TAC recommendations. If NMFS approves these recommendations, the 
interim pollock allocation and sideboards implemented by this emergency 
interim rule will be effective for the duration of this action and will 
not be superseded by the final 2000 harvest specifications. Final 2000 
AFA pollock allocations and sideboard limits will be made in 
conjunction with the final rulemaking that will extend or supersede 
this emergency interim rule.

BS Subarea Inshore Pollock Allocations

    Under Sec. 679.20(a)(5)(i)(D) of this emergency interim rule, NMFS 
must subdivide the inshore allocation into allocations for cooperatives 
and vessels not fishing in a cooperative (i.e., the open access 
sector). In addition, under Sec. 679.22(a)(11)(iv) NMFS must establish 
harvest limits inside the Steller sea lion conservation area (SCA) and 
provide a set-aside so that catcher vessels less than or equal to 99 ft 
(30.2 m) LOA have the opportunity to operate entirely within the SCA 
during the A/B season. Accordingly, the 2000 BSAI interim 
specifications for groundfish (65 FR 60, January 3, 2000) are amended 
by Table 1, which subdivides the BS subarea inshore pollock allocation 
into allocations for vessels fishing in a cooperative and for vessels 
not participating in a cooperative and establishes a cooperative-sector 
SCA set-aside for AFA catcher vessels less than or equal to 99 ft (30.2 
m) LOA. The SCA set-aside for sector catcher vessels less than or equal 
to 99 ft (30.2 m) LOA that are not participating in a cooperative will 
be established inseason based on actual participation levels and is not 
included in Table 1.

 Table 1.--Interim A/B Season Bering Sea Subarea Pollock Allocations to the Cooperative and Open Access Sectors
                      of the Inshore Pollock Fishery. Amounts are Expressed in Metric Tons
----------------------------------------------------------------------------------------------------------------
                                                                             A season inside    B season inside
                                                           A/B season TAC        SCA \1\              SCA
----------------------------------------------------------------------------------------------------------------
Cooperative sector:
    Vessels > 99 ft....................................                n/a             66,581             22,194
    Vessels 99 ft......................................                n/a             10,195              3,398
                                                        --------------------------------------------------------
        Total..........................................            182,801             76,776             25,592
Open access sector.....................................             11,968          \2\ 5,027              1,676
                                                        --------------------------------------------------------
    Total inshore......................................            194,769             81,803            27,268
----------------------------------------------------------------------------------------------------------------
\1\ Steller sea lion conservation area established at Sec.  679.22(a)(11)(iv).

[[Page 4531]]

 
\2\ SCA limitations for vessels less than or equal to 99 ft LOA that are not participating in a cooperative will
  be established on an inseason basis in accordance with Sec.  679.22(a)(11)(iv)(C)(2) which specifies that
  ``the Regional Administrator will prohibit directed fishing for pollock to vessels catching pollock for
  processing by the inshore component greater than 99 ft (30.2 m) LOA 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.''

    Under the emergency interim rule to establish AFA permit 
requirements (65 FR 380, January 5, 2000), NMFS set out procedures 
for AFA inshore catcher vessel pollock cooperatives to apply for and 
receive cooperative fishing permits and inshore pollock allocations. 
NMFS received applications from seven inshore catcher vessel 
cooperatives by the application deadline of December 31, 1999. Table 
2 amends the 2000 BSAI interim specifications for groundfish (65 FR 
60, January 3, 2000) by making BS subarea interim allocations to the 
seven inshore catcher vessel pollock cooperatives that have been 
approved and permitted by NMFS for the 2000 fishing year. Final 2000 
allocations of pollock TAC to each cooperative will be made in 
rulemaking that supersedes this emergency interim rule. Interim 
allocations for cooperatives and vessels not participating in 
cooperatives are not made for the AI subarea because the AI subarea 
has been closed to directed fishing for pollock under the emergency 
interim rule to implement Steller sea lion RPAs.

                    Table 2.--Bering Sea Subarea Interim \1\ Inshore Cooperative Allocations
----------------------------------------------------------------------------------------------------------------
                                                           Sum of member      Percentage of
                                                         vessel's official    inshore sector   Interim annual co-
          Cooperative name and member vessels             catch histories       allocation       op allocation
                                                                \2\             (percent)
----------------------------------------------------------------------------------------------------------------
Akutan Catcher Vessel Association: ALDEBARAN, ARCTIC I,            258,508             28.257             55,036
 ARCTIC VI, ARCTURUS, BLUE FOX, COLUMBIA, DOMINATOR,
 DONA LILIANA, DONA MARTITA, DONA PAULITA, EXODUS,
 FLYING CLOUD, GOLDEN DAWN, MAJESTY, PACIFIC VIKING,
 VIKING EXPLORER, GOLDEN PISCES, LESLIE LEE, MARCY J,
 MISS BERDIE, PEGASUS, PEGGIE JO, PERSEVERANCE,
 PREDATOR, RAVEN, ROYAL AMERICAN, SEEKER...............
Arctic Enterprise Association: ARCTIC III, ARCTIC IV,               50,008              5.466             10,646
 OCEAN ENTERPRISE, PACIFIC ENTERPRISE..................
Northern Victor Fleet Cooperative: NORDIC FURY, PACIFIC             62,545              6.837             13,316
 FURY, GOLDRUSH, EXCALIBUR II, HALF MOON BAY, SUNSET
 BAY, COMMODORE, STORM PETREL, POSEIDON, ROYAL ATLANTIC
Peter Pan Fleet Cooperative: AMBER DAWN, AMERICAN                    6,584              0.720              1,402
 BEAUTY, OCEANIC, OCEAN LEADER, WALTER N...............
Unalaska Cooperative: ALASKA ROSE, BERING ROSE,                    106,714             11.665             22,719
 DESTINATION, GREAT PACIFIC, MESSIAH, MORNING STAR, MS
 AMY, PROGRESS, SEA WOLF, VANGUARD, WESTERN DAWN.......
UniSea Fleet Cooperative: ALSEA, AMERICAN EAGLE, ARCTIC            220,361             24.087             46,914
 WIND, ARGOSY, AURIGA, AURORA, DEFENDER, GUN-MAR,
 NORDIC STAR, PACIFIC MONARCH, SEADAWN, STARFISH,
 STARLITE, STARWARD....................................
Westward Fleet Cooperative: A.J., ALASKAN COMMAND,                 153,917             16.824             32,768
 ALYESKA, CAITLIN ANN, CHELSEA K, HICKORY WIND, FIERCE
 ALLEGIANCE, OCEAN HOPE 3, PACIFIC KNIGHT, PACIFIC
 PRINCE, VIKING, WESTWARD 1............................
Open access AFA vessels:...............................             56,215              6.145             11,968
                                                        --------------------------------------------------------
    Total inshore A/B season allocation:...............            914,851                100           194,769
----------------------------------------------------------------------------------------------------------------
\1\ Interim specifications of pollock are equal to the first seasonal allowance of pollock allocated to the
  inshore sector based on 2000 BS subarea TAC recommendations by the Council at its December 1999 meeting.
\2\ Under 679.62(e)(1) the individual catch history for each vessel is equal to the vessel's best 2 of 3 years
  inshore pollock landings from 1995 through 1997 and includes landings to catcher/processors for vessels that
  made 500 or more mt of landings to catcher/processors from 1995 through 1997.

Interim 2000 Unrestricted AFA Catcher/Processor Sideboards

    Paragraph 679.63(a) of this emergency interim rule establishes a 
formula for setting AFA catcher/processor sideboard limits for non-
pollock groundfish and PSC in the BSAI. The basis for these 
sideboard amounts are described in the preceding preamble text. The 
2000 interim catcher/processor sideboards are set out in Table 3 
below.
    All non-pollock groundfish that is harvested by unrestricted AFA 
catcher/processors, whether as targeted catch or bycatch, will be 
deducted from the harvest limits in Table 3. However, non-pollock 
groundfish that is delivered to listed catcher/processors by catcher 
vessels will not be deducted from the 2000 harvest limits for the 
listed catcher/processors.

                  Table 3.--2000 Interim Unrestricted AFA Catcher/Processor Groundfish Sideboards. Amounts Are Expressed in Metric Tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             1995-1997                       2000 ITAC        200 C/P
            Target species                            Area               ------------------------------------------------  available to      sideboard
                                                                            Total catch    Available TAC       Ratio        trawl C/Ps        amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod trawl....................  BSAI.............................          13,547          51,450           0.263          41,953          11,034
Sablefish trawl......................  BS...............................               8           1,736           0.005             624               3
                                       AI...............................               1           1,135           0.001             516               1
Atka mackerel........................  Western AI.......................             n/a             n/a           0.200          27,472           2,747
    A season \1\.....................  CH limit \2\.....................                                                                           1,566
                                       Central Al.......................             n/a             n/a           0.115          22,847           1,314
                                       CH limit.........................                                                                             880
    B season.........................  CH limit.........................                                                                           1,566
                                       Central Al.......................             n/a             n/a           0.115          22,847           1,314
                                       CH limit.........................                                                                             880

[[Page 4532]]

 
Yellowfin sole.......................  BSAI.............................         123,003         527,000           0.233         104,773          24,412
Rock sole............................  BSAI.............................          14,753         202,107           0.073         114,546           8,362
Greenland turbot.....................  BSAI.............................             168          16,911           0.010           5,764              58
                                       AI...............................              31           6,839           0.005           2,839              14
Arrowtooth flounder..................  BSAI.............................             788          36,873           0.021         111,350           2,338
Flathead sole........................  BSAI.............................           3,030          87,975           0.034          44,755           1,522
Other flatfish.......................  BSAI.............................          12,145          92,428           0.131          71,242           9,333
Pacific ocean perch..................  BS...............................              58           5,760           0.010           2,210              22
                                       Western AI.......................             356          12,440           0.029           5,245             152
                                       Central AI.......................              95           6,195           0.015           3,247              49
                                       Eastern AI.......................             112           6,265           0.018           2,886              52
Other red rockfish...................  BS...............................              75           3,034           0.025             165               4
Sharpchin/northern...................  AI...............................           1,034          13,254           0.078           4,764             372
Shortraker/rougheye..................  AI...............................              68           2,827           0.024             573              14
Other rockfish.......................  BS...............................              39           1,026           0.038             314              12
                                       AI...............................              95           1,924           0.049             583              29
Squid................................  BSAI.............................               7           3,670           0.002           1,675               3
Other species........................  BSAI.............................           3,551          65,925           0.054          26,656          1,439
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Unrestricted
  AFA catcher/processors are limited to harvesting no more than 20 and 11.5 percent of the available TAC in the Western and Central AI subareas
  respectively. Unrestricted AFA catcher/processors are prohibited from harvesting Atka mackerel in the Eastern Aleutian Islands District and Bering Sea
  subarea (paragraph 211(b)(2)(C)).
\2\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for fishing inside critical habitat (Table 1,
  Table 2, and Figure 4 of 50 CFR 226). In 2000, the percentage of TAC available for fishing inside critical habitat area is 57 percent in the Western
  AI and 67 percent in the Central AI. When these critical habitat allowances are reached, critical habitat areas will be closed to trawling until NMFS
  closes Atka mackerel to directed fishing within the same district.

    Paragraph 679.63(a)(2) of this emergency interim rule 
establishes a formula for PSC sideboards for unrestricted AFA 
catcher/processors. These amounts are equivalent to the percentage 
of prohibited species bycatch limits harvested in the non-pollock 
groundfish fisheries by the AFA catcher/processors listed in 
subsection 208(e) and section 209 of the AFA from 1995, through 
1997. Prohibited species amounts harvested by these catcher/
processors in BSAI non-pollock groundfish fisheries from 1995 
through 1997 are shown in Table 4. These data were used to calculate 
the relative amount of prohibited species catch limits harvested by 
pollock catcher/processors, which was then used to determine the 
prohibited species harvest limits for unrestricted AFA catcher/
processors in the 2000 non-pollock groundfish fisheries.
    PSC that is caught by unrestricted AFA catcher/processors 
participating in any non-pollock groundfish fishery listed in Table 
3 shall accrue against the 2000 PSC limits for the listed catcher/
processors. Paragraph 679.21(e)(3)(v) of this emergency interim rule 
provides authority to close directed fishing for non-pollock 
groundfish for unrestricted AFA catcher/processors once a 2000 PSC 
limitation listed in Table 5 is reached.
    Crab or halibut PSC that is caught by unrestricted AFA catcher/
processors while fishing for pollock will accrue against the bycatch 
allowances annually specified for either the midwater pollock or the 
pollock/Atka mackerel/other species fishery categories under 
Sec. 679.21(e).

                                                 Table 4.--2000 Interim Unrestricted AFA Catcher/Processor Prohibited Species Sideboard Amounts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        1995-1997
                  PSC species                   ---------------------------------------------------------  2000 PSC available to     2000 C/P limit
                                                     PSC catch          Total PSC            Ratio             trawl vessels
----------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality..............................                955             11,325              0.084                    3,400            286 mt.
Red king crab..................................              3,098            473,750              0.007                   89,725          628 crab.
C. opilio......................................          2,323,731         15,139,178              0.153                4,023,750      615,634 crab.
C. bairdi:
    Zone 1.....................................            385,978          2,750,000              0.140                  767,750      107,485 crab.
    Zone 2.....................................            406,860          8,100,000              0.050                2,331,000      116,550 crab.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Interim 2000 AFA Catcher Vessel Sideboards

    Paragraph 679.63(b) of this emergency interim rule establishes a 
formula for setting AFA catcher vessel groundfish and PSC sideboard 
amounts for the BSAI and GOA. The bases for these sideboard amounts 
are described in the preceding preamble text. The 2000 interim AFA 
catcher vessel sideboards amounts are shown in Tables 5 and 6.
    All harvests of groundfish sideboard species made by non-exempt 
AFA catcher vessels, whether as targeted catch or bycatch, will be 
deducted from the sideboard limits listed in Tables 5 and 6.

                          Table 5.--Interim 2000 BSAI AFA Catcher Vessel (CV) Sideboards. Amounts are Expressed in Metric Tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Ratio of 1995-
                                                                                                 1997 AFA CV catch                        2000 catcher
                 Species                          Fishery by area/season/processor/gear           to 1995-1997 TAC   2000 Initial TAC   vessel sideboard
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod.............................  BSAI jig.............................................             0.0000              3,571                  0

[[Page 4533]]

 
                                          Fixed gear:
                                            Jan 1-Apr 30.......................................             0.0006             65,000                 39
                                            May 1-Aug 31.......................................             0.0006                  0                  0
                                            Sept 1-Dec 31......................................             0.0006             26,048                 16
                                          Trawl gear:
                                            catcher vessel.....................................             0.7291             41,953             30,588
                                            catcher/processor..................................             0.0000             41,953                  0
Sablefish...............................  BS trawl gear........................................             0.0006                624                  0
                                          Al trawl gear........................................             0.0608                515                 31
Atka mackerel...........................  Eastern AI/BS
                                            Jig gear...........................................             0.0031                152                  0
                                          Other gear
                                            Jan 1-Apr 15.......................................             0.0031              7,509                 23
                                            Sept 1-Nov 1.......................................             0.0031              7,509                 23
                                          Central AI
                                            Jan-Apr 15.........................................             0.0001             11,424                  1
                                             Inside CH.........................................             0.0001              7,654                  1
                                            Sept 1-Nov 1.......................................             0.0001             11,424                  1
                                             Inside CH.........................................             0.0001              7,654                  1
                                          Western AI
                                            Jan-Apr 15.........................................             0.0000             13,736                  0
                                             Inside CH.........................................             0.0000              7,829                  0
                                            Sept 1-Nov 1.......................................             0.0000             13,726                  0
                                             Inside CH.........................................             0.0000              7,829                  0
Yellowfin sole..........................  BSAI.................................................             0.0712            104,773              7,460
Rock sole...............................  BSAI.................................................             0.0255            114,546              2,921
Greenland Turbot........................  BS...................................................             0.0405              5,764                233
                                          AI...................................................             0.0021              2,839
Arrowtooth flounder.....................  BSAI.................................................             0.0583            111,350              6,492
Other flatfish..........................  BSAI.................................................             0.0558             71,242              3,975
POP.....................................  BS...................................................             0.1018              2,210                225
                                          Eastern AI...........................................             0.0048              2,886                 14
                                          Central AI...........................................             0.0011              3,247                  4
                                          Western AI...........................................             0.0000              5,245                  0
Other red rockfish......................  BS...................................................             0.0280                165                  5
Sharpchin/northern......................  AI...................................................             0.0015              4,764                  7
Shortraker/rougheye.....................  AI...................................................             0.0011                819                  1
Other rockfish..........................  BS...................................................             0.0379                314                 12
                                          AI...................................................             0.0031                583                  2
Squid...................................  BSAI.................................................             0.3885              1,675                651
Other species...........................  BSAI.................................................             0.0283             26,656                754
--------------------------------------------------------------------------------------------------------------------------------------------------------


       Table 6.--Interim 2000 GOA AFA Catcher Vessel (CV) Sideboards. Amounts are Expressed in Metric Tons
----------------------------------------------------------------------------------------------------------------
                                                           Ratio of 1995-
                                    Apportionments and   1997 AFA CV catch                        2000 catcher
             Species               allocations by area/   to 1995-1997 TAC       2000 TAC       vessel sideboard
                                  season/processor/gear
----------------------------------------------------------------------------------------------------------------
Pollock \1\.....................  A Season (W/C areas
                                   only):.
                                    Shelikof Strait....             0.1672             14,366              2,402
                                    Shumagin (610).....             0.6238              5,465              3,409
                                    Chirikof (620)                  0.1262              3,352                410
                                     (outside Shelikof).
                                    Kodiak (630)                    0.1984              4,278                849
                                     (outside Shelikof).
                                  B Season (W/C areas
                                   only):
                                    Shelikof Strait....             0.1672              7,183              1,201
                                    Shumagin (610).....             0.6238              2,732              1,704
                                    Chirikof (620)                  0.1262              1,626                205
                                     (outside Shelikof).
                                    Kodiak (630)                    0.1984              2,139                424
                                     (outside Shelikof).
                                  C Season (W/C areas
                                   only):
                                    Shumagin (610).....             0.6238             11,506              7,177
                                    Chirikof (620).....             0.1262              6,847                864
                                    Kodiak (630).......             0.1984              9,008              1,787
                                  D Season (W/C areas
                                   only):
                                    Shumagin (610).....             0.6238              9,588              5,981
                                    Chirikof (620).....             0.1262              5,706                720
                                    Kodiak (630).......             0.1984              7,506              1,489
                                  Annual: E. GOA.......             0.3642              8,800              3,205

[[Page 4534]]

 
Pacific cod \2\.................  W inshore............             0.1310             14,850              1,945
                                    offshore...........             0.1026              1,650                169
                                  C inshore............             0.0542             24,538              1,330
                                    offshore...........             0.0721              2,726                197
                                  E inshore............             0.0000              2,887                  0
                                    offshore...........             0.0078                321                  3
Flatfish deep-water.............  W....................             0.0000                280                  0
                                  C....................             0.0620              2,710                168
                                  E....................             0.0021              2,310                  5
Rex sole........................  W....................             0.0043              1,230                  5
                                  C....................             0.0117              5,660                 66
                                  E....................             0.0026              2,550                  7
Flathead sole...................  W....................             0.0129              2,000                 26
                                  C....................             0.0097              5,000                 49
                                  E....................             0.0008              2,060                  2
Flatfish shallow-water..........  W....................             0.0260              4,500                117
                                  C....................             0.0420             12,950                544
                                  E....................             0.0106              1,950                 21
Arrowtooth flounder.............  W....................             0.0047              5,000                 24
                                  C....................             0.0206             25,000                515
                                  E....................             0.0016              5,000                  8
Sablefish.......................  W trawl gear.........             0.0023                368                  1
                                  C trawl gear.........             0.0384              1,146                 44
                                  E trawl gear.........             0.0236                288                  7
Pacific Ocean perch.............  W....................             0.0051              1,240                  6
                                  C....................             0.0692              9,240                639
                                  E....................             0.0225              2,540                 57
Shortraker/Rougheye.............  W....................             0.0000                210                  0
                                  C....................             0.0145                930                 13
                                  E....................             0.0105                590                  6
Other rockfish..................  W....................             0.0000                 20                  0
                                  C....................             0.0410                740                  3
                                  E....................             0.0000              4,140                  0
Northern rockfish...............  W....................             0.0005                630                  0
                                  C....................             0.0307              4,490                138
Pelagic shelf rockfish..........  W....................             0.0004                550                  0
                                  C....................             0.0000              4,480                  0
                                  E....................             0.0066              1,350                  9
Demersal shelf rockfish.........  SEO..................             0.0000                340                  0
Thornyhead......................  Gulfwide.............             0.0118              2,360                 28
Atka mackerel...................  Gulfwide.............             0.0443                600                 27
Other species...................  Gulfwide.............             0.0067             14,215                95
----------------------------------------------------------------------------------------------------------------
\1\ Pollock sideboard limits are based on pollock harvest restrictions implemented under the emergency interim
  rule published concurrently with this action that implements Steller sea lion RPA measures for the BSAI and
  GOA pollock fisheries.
\2\ Sideboard harvest limits for Pacific cod are based on the initial TAC.

    Paragraph 679.63(b) of this emergency interim rule establishes a 
formula for PSC sideboards for AFA catcher vessels. The AFA catcher 
vessel PSC bycatch limit for halibut in the BSAI and GOA, and each 
crab species in the BSAI for which a trawl bycatch limit has been 
established is a percentage of the PSC limit equal to the ratio of 
aggregate retained groundfish catch by AFA catcher vessels in each 
PSC target category from 1995 through 1997 relative to the retained 
catch of all vessels in that fishery from 1995 through 1997. These 
amounts are listed in Tables 7 and 8.
    Halibut and crab PSC that is caught by AFA catcher vessels 
participating in any non-pollock groundfish fishery listed in Tables 
5 or 6 will accrue against the 2000 PSC limits for the AFA catcher 
vessels. Paragraphs 679.21(d)(8) and (e)(3)(v) of this emergency 
interim rule provide authority to close directed fishing for non-
pollock groundfish for AFA catcher vessels once a 2000 PSC 
limitation listed in Table 7 for the GOA or Table 8 for the BSAI is 
reached. PSC that is caught by AFA catcher vessels while fishing for 
pollock in the BSAI will accrue against either the midwater pollock 
or the pollock/Atka mackerel/other species fishery categories.

[[Page 4535]]



     Table 7.--Interim 2000 AFA Catcher Vessel Prohibited Species Catch (PSC) Sideboard Amounts for the GOA
----------------------------------------------------------------------------------------------------------------
                                                           Ratio of 1995-
                                                            1997 AFA CV                         2000 AFA catcher
           PSC species              Target fishery and   retained catch to    2000 PSC Limit       vessel PSC
                                          season           total retained                          sideboard
                                                               catch
----------------------------------------------------------------------------------------------------------------
Halibut (mortality in mt).......  Trawl 1st seasonal
                                   allowance:
                                      Shallow water                 0.3400                500                170
                                   targets.
                                      Deep water                    0.0700                100                  7
                                   targets.
                                  Trawl 2nd seasonal
                                   allowance:
                                      Shallow water                 0.3400                100                 34
                                   targets.
                                      Deep water                    0.0700                300                 21
                                   targets.
                                  Trawl 3rd seasonal
                                   allowance:
                                      Shallow water                 0.3400                200                 68
                                   targets.
                                      Deep water                    0.0700                400                 28
                                   targets.
                                  Trawl 4th seasonal
                                   allowance:
                                      All targets......             0.2050                400                 82
----------------------------------------------------------------------------------------------------------------


                     Table 8--Interim 2000 AFA Catcher Vessel (CV) Prohibited Species Catch (PSC) Sideboard Amounts \1\ for the BSAI
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Ratio of 1995-
                                                                                                    1997 AFA CV                         2000 AFA catcher
                         PSC species                           Target fishery category \2\ and   retained catch to    2000 PSC Limit       vessel PSC
                                                                            season                 total retained                          sideboard
                                                                                                       catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut.....................................................  Pacific cod trawl................             0.6183              1,434                887
                                                              Pacific cod fixed................             0.0022                748                  2
                                                              Yellowfin sole:
                                                                Jan. 20-Mar. 31................             0.1144                262                 30
                                                                Apr. 1-May 20..................             0.1144                195                 22
                                                                May 21-July 3..................             0.1144                 49                  6
                                                                July 4-Dec. 31.................             0.1144                380                 43
                                                              Rock sole/Flathead sole/Oth.
                                                               flat:
                                                                Jan. 20-Mar. 31................             0.2841                448                127
                                                                Apr. 1-July 3..................             0.2841                163                 46
                                                                July 4-Dec. 31.................             0.2841                167                 47
                                                              Turbot/Arrowtooth/Sablefish......             0.2327                  0                  0
                                                              Rockfish.........................             0.0245                 70                  2
                                                              Pollock/Atka mackerel/Other sp...             0.0227                232                  5
Red King Crab...............................................  Pacific cod......................             0.6183             11,655              7,207
Zone 1......................................................  Yellowfin sole...................             0.1144             11,655              1,333
                                                              Rock sole/Flathead sole/Oth. flat             0.2841             42,090             11,958
                                                              Pollock/Atka mackerel/Other sp...             0.0227              1,711                 39
C. opilio...................................................  Pacific cod......................             0.6183            123,530             76,383
COBLZ 3,4...................................................  Yellowfin sole...................             0.1144          2,876,578            329,067
                                                              Rock sole/Flathead sole/Oth. flat             0.2841            869,934            247,154
                                                              Pollock/Atka mackerel/Other sp...             0.0227             71,622              1,626
                                                              Rockfish \5\.....................             0.0245             41,043              1,006
                                                              Turbot/Arrowtooth/Sablefish......             0.2327             41,043              9,552
C. bairdi...................................................  Pacific cod......................             0.6183            158,547             98,035
Zone 1......................................................  Yellowfin sole...................             0.1144            288,750             33,032
                                                              Rock sole/Flathead sole/Oth. flat             0.2841            309,326             87,882
                                                              Pollock/Atka mackerel/Other sp...             0.0227             14,818                336
C. bairdi...................................................  Pacific cod......................             0.6183            279,041            172,540
Zone 2......................................................  Yellowfin sole...................             0.1144          1,514,683            173,272
                                                              Rock sole/Flathead sole/Oth. flat             0.2841            504,894            143,444
                                                              Pollock/Atka mackerel/Other sp...               0227             25,641                582

[[Page 4536]]

 
                                                              Rockfish.........................             0.0245             10,024               246
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Target fishery categories are defined in regulation at Sec.  679.21(e)(3)(iv).
\3\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec.  679.21 (e)(7)(iv)(B).
\4\ The Council at its December 1999 meeting limited red king crab for trawl fisheries within the RKCSS to 35 percent of the total allocation to the
  rock sole, flathead sole, and other flatfish fishery category (Sec.  679.21(e)(3)(ii)(B)).
\5\ The Council at its December 1999 meeting apportioned the rockfish PSC amounts from July 4-December 31, to prevent fishing for rockfish before July
  4, 2000.

2000 Sideboard Directed Fishing Closures

Catcher/Processor Sideboard Closures

    The Regional Administrator has determined that many of the AFA 
catcher/processor sideboard amounts listed in Table 3 are necessary 
as incidental catch to support other anticipated groundfish 
fisheries for the 2000 fishing year. In accordance with 
Sec. 679.20(d)(1)(iv) of this emergency interim rule, the Regional 
Administrator establishes these amounts as directed fishing 
allowances. The Regional Administrator finds that many of these 
directed fishing allowances will be reached before the end of the 
year. Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing by unrestricted AFA catcher/processors 
for the species in the specified areas set out in Table 9.

 TABLE 9.--AFA Unrestricted Catcher/Processor Sideboard Directed Fishing
                              Closures.\1\
[These Closures Take Effect 1200 Hrs A.L.T., January 20, 2000 and Remain
         in Effect Through 2400 Hrs, A.L.T., December 31, 2000.]
------------------------------------------------------------------------
             Species                     Area             Gear types
------------------------------------------------------------------------
Sablefish trawl.................  BSAI               All.
Greenland turbot................  BSAI               All.
Arrowtooth flounder.............  BSAI               All.
Flathead sole...................  BSAI               All.
Pacific ocean perch.............  BSAI               All.
Other red rockfish..............  BS                 All.
Sharpchin/Northern rockfish.....  AI                 All.
Shortraker/Rougheye rockfish....  AI                 All.
Other rockfish..................  BSAI               All.
Squid...........................  BSAI               All.
Other species...................  BSAI               All.
------------------------------------------------------------------------
\1\ Maximum retainable percentages may be found in Table 11 to 50 CFR
  part 679.

AFA Catcher Vessel Sideboard Closures

    The Regional Administrator has determined that many of the AFA 
catcher vessel sideboard amounts listed in Table 5 and 6 are necessary 
as incidental catch to support other anticipated groundfish fisheries 
for the 2000 fishing year. In accordance with Sec. 679.20(d)(1)(iv) of 
this emergency interim rule, the Regional Administrator establishes 
these amounts as directed fishing allowances. The Regional 
Administrator finds that many of these directed fishing allowances will 
be reached before the end of the year. Therefore, in accordance with 
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing by non-
exempt AFA catcher vessels for the species in the specified areas set 
out in Table 10.

  Table 10.--AFA Catcher Vessel Sideboard Directed Fishing Closures \1\
 [These Closures Take Effect 12 Noon A.L.T., January 20, 2000 Except for
 Pollock in Area 610 and in the Shelikof Strait Conservation Zone Which
 Closes 12 Noon A.L.T., January 21, 2000. These Closures will Remain in
          Effect Through 2400 Hrs, A.L.T., December 31, 2000.]
------------------------------------------------------------------------
             Species                     Area                Gear
------------------------------------------------------------------------
Pacific cod.....................  BSAI               Fixed, jig.
Sablefish.......................  BSAI               Trawl.
Atka mackerel...................  BSAI               All.
Greenland Turbot................  BSAI               All.
Arrowtooth flounder.............  BSAI               All.
Pacific ocean perch.............  BSAI               All.
Other red rockfish..............  BSAI               All.
Sharpchin/northern rockfish.....  AI                 All.
Shortraker/rougheye rockfish....  AI                 All.
Other rockfish..................  BSAI               All.
Squid...........................  BSAI               All.
Other species...................  BSAI               All.
Pollock.........................  \3\                All.
Pollock \2\.....................  \4\                All.
Pacific cod.....................  GOA                All.
Deep water flatfish.............  GOA                All.
Flathead sole...................  GOA                All.
Shallow water flatfish..........  GOA                All.
Arrowtooth flounder.............  GOA                All.
Sablefish.......................  GOA                Trawl.
Pacific ocean perch.............  GOA                All.
Shortraker/rougheye rockfish....  GOA                All.
Other rockfish..................  GOA                All.
Northern rockfish...............  GOA                All.
Demersal shelf rockfish.........  GOA                All.
Thornyhead rockfish.............  GOA                All.
Other species...................  GOA                All.
------------------------------------------------------------------------
\1\ Maximum retainable percentages may be found in Tables 10 and 11 to
  50 CFR part 679.
\2\ Closures take effect 12 noon A.l.t., January 21, 2000.
\3\ 620, 630 outside Shelikof Strait
\4\ 610, Shelikof Strait

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this rule is necessary to respond to an emergency situation and 
that it is consistent with the Magnuson-Stevens Act, AFA, 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

[[Page 4537]]

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 Amendments 61/61/13/8.
    This emergency interim rule has been determined to be significant 
for the purposes of Executive Order 12866.
    NMFS finds that there is 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 provisions would be 
contrary to the public interest. This emergency action is necessary to 
meet the AFA requirement to provide inshore pollock cooperatives with 
allocations of pollock for the 2000 fishing year. Inshore sector 
cooperatives will provide the inshore industry with the ability to more 
effectively meet the temporal and spatial dispersion objectives of 
NMFS' Steller sea lion conservation measures that became effective 
January 20, 2000, and published January 25, 2000. As such, if this rule 
is not made effective on January 20, 2000, or soon thereafter, the 
inshore sector of the BSAI pollock industry will be denied the 
opportunity to fish under cooperatives during the 2000 fishing year. 
Therefore, this sector of the industry would lose an economically 
valuable method of meeting the temporal and spatial dispersion 
objectives of NMFS' Steller sea lion conservation measures. Likewise, 
pursuant to authority set forth at 5 U.S.C. 553(d)(3), the need to 
ensure that this rule is in place as soon as possible because the 
pollock fishing season began on January 20, 2000, constitutes good 
cause to waive the 30-day delay in effective date otherwise required by 
5 U.S.C. 553(d).
    Because rule prior notice and opportunity for public comment are 
not required for this emergency interim rule by 5 U.S.C. 553, or any 
other law, the analytical requirements of the Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq., are inappropriate.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the PRA unless that collection of information displays a currently 
valid OMB control number.
    This rule contains collection-of-information requirements subject 
to review and approval by OMB under the Paperwork Reduction Act (PRA). 
These regulations have been submitted to OMB for approval. Public 
reporting burden for these collections of information are estimated to 
average as follows: For a manager to complete the shoreside processor 
electronic logbook and print reports is 30 minutes; for a manager to 
electronically submit the shoreside processor electronic logbook report 
is 5 minutes; for an operator to complete the at-sea scale inspection 
request is 2 minutes; for an operator to retain the at-sea scale 
inspection request is 1 minute; for an operator to complete the at-sea 
scale test report is 45 minutes; for an operator to print the record of 
haul weight is 3 minutes; for an operator to retain a scale audit trail 
print-out is 3 minutes; for an operator to complete the observer 
sampling station inspection request is 2 minutes; for a cooperative 
representative to complete a catcher vessel cooperative pollock catch 
report is 5 minutes; for a cooperative representative to submit a copy 
of the cooperative contract is 5 minutes; for a cooperative 
representative to complete an annual written preliminary report from 
each AFA cooperative is 8 hours; and for a cooperative representative 
to complete a annual written report from each AFA cooperative is 8 
hours. These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Public comment is sought: Regarding whether this proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and the clarity of the information to be collected; 
and ways to minimize the burden of the collection of information, 
including through the use of automated collection techniques, or other 
forms of information technology. Send comments on these or any other 
aspects of the collection of information to NMFS and OMB (see 
ADDRESSES).
    The President has directed Federal agencies to use plain language 
when communicating with the public, through regulations or otherwise. 
Therefore, NMFS seeks 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 21, 2000.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

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

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

    1. The authority citation for 50 CFR 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, definitions of ``Appointed agent for service of 
process,'' and ``Designated cooperative representative'' are added in 
alphabetical order, and a new paragraph (4) is added to the existing 
definition of ``Directed fishing'' to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Appointed agent for service of process (applicable through July 20, 
2000) means an agent appointed by the members of an inshore catcher 
vessel cooperative to serve on behalf of the cooperative. The appointed 
agent for service of process may be the owner of a vessel listed as a 
member of the cooperative or a registered agent. If at any time the 
cooperative's appointed agent for service of process becomes unable to 
accept service, then the cooperative members are required to notify the 
Regional Administrator of a substitute appointed agent.
* * * * *
    Designated cooperative representative (applicable through July 20, 
2000) means an individual who is designated by the members of an 
inshore pollock cooperative to fulfill requirements on behalf of the 
cooperative including, but not limited to, the signing of cooperative 
fishing permit applications and completing and submitting inshore 
catcher vessel pollock cooperative catch reports.
* * * * *
    Directed fishing means * * *
    (4) (applicable through July 20, 2000) With respect to the harvest 
of groundfish by AFA catcher/processors and AFA catcher vessels, any 
fishing activity that results in the retention of an amount of a 
species or species group on board a vessel that is greater than the 
maximum retainable bycatch amount for that species or species group as 
calculated under Sec. 679.20.
* * * * *

[[Page 4538]]


    3. In Sec. 679.5, paragraphs (a)(4)(iv), (f)(3), (f)(4), 
(i)(1)(iii), and (o) are added to read as follows:


Sec. 679.5  Recordkeeping and reporting.

    (a) * * *
    (4) * * *
    (iv) Shoreside processor electronic logbook report (applicable 
through July 20, 2000). The manager of a shoreside processor or 
stationary floating processor receiving groundfish from AFA catcher 
vessels must use NMFS-approved software to report catcher vessel 
deliveries to NMFS as required under this section, and maintain the 
shoreside processor electronic logbook report describe at paragraph 
(f)(3), and printed reports required under this section to record the 
information described at paragraph (f)(4) of this section. The owner of 
a shoreside processor or stationary floating processor is responsible 
for compliance and must ensure that the operator, manager, or 
representative complies with the requirements of this paragraph 
described at paragraph (f)(3).
* * * * *
    (f) Shoreside processor DCPL. * * *
    (3) Shoreside processor electronic logbook report (applicable 
through July 20, 2000).
    (i) Requirement. The manager of a shoreside processor or stationary 
floating processor that receives deliveries of groundfish from one or 
more AFA catcher vessels must record in and submit a shoreside 
processor electronic logbook report for each catcher vessel delivery 
and must print and retain reports required under this section for the 
duration of the fishing year.
    (ii) Applicability. (A) Processors that use the shoreside processor 
electronic logbook to record all deliveries and that receive from NMFS 
an electronic return receipt for each delivery report are exempt from 
the requirement to maintain shoreside processor DCPLs as described at 
paragraph (f)(1) and (2) of this section and are exempt from the 
requirement to submit quarterly DCPL logsheets to NMFS Enforcement as 
described at paragraph (a)(14)(iii)(A) of this section.
    (B) Processors that submit the shoreside processor electronic 
logbook report and that receive from NMFS an electronic return receipt 
for each delivery report are exempt from the requirement to maintain 
and submit WPRs to the Regional Administrator as described at paragraph 
(i) of this section.
    (C) Processors that submit the shoreside processor electronic 
logbook report, receive from NMFS a return receipt for each delivery 
report, and that are receiving deliveries of fish under a CDQ program 
are exempt from the requirement to submit CDQ delivery reports to the 
Regional Administrator as described at paragraph (n)(1) of this 
section.
    (iii) Time limit and submittal. (A) The shoreside processor 
electronic logbook report must be submitted daily to NMFS as an 
electronic file. A dated return-receipt will be generated and sent by 
NMFS to the processor confirming receipt and acceptance of the report. 
Processors must retain the return receipt as proof of report 
submission. If a processor does not receive a return receipt from NMFS, 
the processor must contact NMFS within 24 hours for further instruction 
on submission of electronic logbook reports.
    (B) Information entered daily and described at 
Sec. 679.5(f)(3)(iv)(B) must be entered each day on the day they occur.
    (C) Information for each delivery described at 
Sec. 679.5(f)(3)(iv)(C) must be submitted to NMFS by noon of the 
following day for each delivery of groundfish.
    (iv) Information required. The manager must enter the following 
information into the shoreside processor electronic logbook:
    (A) Information entered once (at software installation) or whenever 
it changes:
    (1) Shoreside processor name, ADF&G processor code, Federal 
processor permit number, and processor e-mail address;
    (2) State port code;
    (3) Name, telephone and FAX numbers of representative.
    (B) Information entered daily:
    (1) Indicate if no deliveries or no production;
    (2) Number of observers on site;
    (3) Whether harvested in BSAI or GOA;
    (4) Product by species code, product code, and whether primary, 
ancillary, or reprocessed/rehandled;
    (5) Product weight (in lb or mt).
    (C) Information entered for each delivery:
    (1) Date fishing began and delivery date;
    (2) Vessel name (optional) and ADF&G number;
    (3) Whether delivery is from a buying station;
    (4) If received from a buying station:
    (i) Type: vessel, vehicle, or other.
    (ii) Name of buying station and date received by buying station.
    (iii) If a vessel, ADF&G number.
    (iv) If a vehicle, license plate number.
    (v) If other, description;
    (5) Whether a discard DFL was received from catcher vessel; if 
discard DFL not received, reason given;
    (6) ADF&G fish ticket number of delivery;
    (7) Management program name and identifying number (whether CDQ, 
research program, experimental fishery, IFQ, or AFA coop);
    (8) Gear type of harvester;
    (9) Landed species by species code, product code, and weight (in 
pounds or mt) for each species of each delivery;
    (10) Discard or disposition species by species code, product code, 
and weight (in pounds or mt) of groundfish or PSC herring;
    (11) Discard or disposition species by species code, product code, 
and count (in numbers of animals) of PSC halibut, salmon, or crab;
    (12) If a CDQ delivery, discard or disposition species by species 
code, product code, weight (in pounds or mt) and count of PSQ halibut;
    (13) ADF&G statistical area(s) where fishing occurred; and 
estimated percentage of total delivered weight corresponding to each 
area.
    (4) Shoreside processor electronic logbook printed reports.
    (i) The manager must output at the processing plant daily reports 
of the shoreside processor electronic logbook in two formats generated 
by the required software onto paper consisting of a Shoreside Logbook 
Daily Production Report and a Delivery Worksheet. The processor must 
maintain copies of both of these printouts throughout the fishing year 
and must make them available to observers, NMFS personnel, and 
authorized officers upon request.
    (ii) Information required--(A) Delivery worksheet. Name of 
processor; ADF&G fish ticket number; management program name (whether 
CDQ, research program, experimental fishery, IFQ, or cooperative) and 
identifying number; catcher vessel name (optional) and ADF&G vessel 
number; date fishing began; delivery date; gear type by harvester; 
landed species by species code and product code and weight (in lb) for 
each species of each delivery; ADF&G statistical area and percentage of 
total delivered weight in each area, Federal reporting area; discard or 
disposition by species code and product code; weight of each discard or 
disposition species (in lb), number of each discard or disposition 
species (in lb) (if groundfish or herring); number of each species 
discard or disposition species if PSC halibut, salmon or crab.
    (B) Shoreside logbook daily production. Processor name; Federal 
processor number; ADF&G processor code; date; number of observers on 
site;

[[Page 4539]]

indicate if no production and/or no deliveries; last sent date; last 
modified date; product by species code and product code whether 
primary, ancillary, or reprocessed/rehandled; and product weight in lb.
* * * * *
    (i) Weekly production report (WPR). * * *
    (1) * * *
    (iii) (applicable through July 20, 2000) If a shoreside processor 
or stationary floating processor and if using software approved by the 
Regional Administrator as described in Sec. 679.5(f)(3), the shoreside 
processor or stationary floating processor is exempt from the 
requirements to submit a WPR.
* * * * *
    (o) Catcher vessel cooperative pollock catch report (applicable 
through July 20, 2000).
    (1) Applicability. The designated representative of each AFA 
inshore processor catcher vessel cooperative must submit to the 
Regional Administrator a catcher vessel cooperative pollock catch 
report detailing each delivery of pollock harvested under the 
allocation made to that cooperative. The owners of the member catcher 
vessels in the cooperative are jointly responsible for compliance and 
must ensure that the designated representative complies with the 
applicable recordkeeping and reporting requirements of this section.
    (2) Time limits and submittal. (i) The cooperative pollock catch 
report must be submitted by one of the following methods:
    (A) An electronic data file in a format approved by NMFS; or
    (B) By fax.
    (ii) The cooperative pollock catch report must be received by the 
Regional Administrator by 1200 hours, A.l.t. 1 week after the date of 
completion of delivery.
    (3) Information required. The cooperative pollock catch report must 
contain the following information: Cooperative account number; catcher 
vessel ADF&G number; inshore processor Federal processor permit number; 
delivery date; amount of pollock (in lb) delivered plus weight of at-
sea pollock discards; ADF&G fish ticket number.
* * * * *

    4. In Sec. 679.7, a new paragraph (k) is added to read as follows:


Sec. 679.7  Prohibitions.

* * * * *
    (k) Prohibitions specific to the AFA. It is unlawful for any person 
to do any of the following:
    (1) Catcher/processors. 
    (i) Permit requirement. Use a catcher/processor to engage in 
directed fishing for non-CDQ BSAI pollock without a valid AFA catcher/
processor permit on board the vessel.
    (ii) Fishing in the GOA. Use an unrestricted AFA catcher/processor 
to fish for any species of fish in the GOA.
    (iii) Processing BSAI crab. Use an unrestricted AFA catcher/
processor to process any species of crab harvested in the BSAI.
    (iv) Processing GOA groundfish. Use an unrestricted AFA catcher/
processor to process any groundfish harvested in Statistical Area 630 
of the GOA.
    (v) Directed fishing after a sideboard closure. Use an unrestricted 
AFA catcher/processor to engage in directed fishing for a groundfish 
species or species group in the BSAI after the Regional Administrator 
has issued an AFA catcher/processor sideboard directed fishing closure 
for that groundfish species or species group under 
Sec. 679.20(d)(1)(iv) or Sec. 679.21(e)(3)(v).
    (vi) Catch weighing--(A) Unrestricted AFA catcher/processors. Use 
an unrestricted AFA catcher processor to process any groundfish that 
was not weighed on a NMFS-certified scale.
    (B) Restricted AFA catcher processors. Use a restricted AFA catcher 
processor to process any pollock harvested in the BSAI directed pollock 
fishery that was not weighed on a NMFS-certified scale.
    (2) Motherships. 
    (i) Permit requirement. Use a mothership to process pollock 
harvested by an AFA catcher vessel with an inshore or mothership sector 
endorsement in a non-CDQ directed fishery for pollock in the BSAI 
without a valid AFA permit on board the vessel.
    (ii) Cooperative processing endorsement. Use an AFA mothership to 
process groundfish harvested by a fishery cooperative formed under 
Sec. 679.60 unless the AFA mothership permit contains a valid 
cooperative pollock processing endorsement.
    (iii) Catch weighing requirement. Use an AFA mothership to process 
groundfish harvested in the BSAI or GOA that was not weighed on a NMFS-
certified scale.
    (3) Shoreside processors and stationary floating processors. 
    (i) Permit requirement. Use a shoreside processor or stationary 
floating processor to process groundfish harvested in a non-CDQ 
directed fishery for pollock in the BSAI without a valid AFA inshore 
processor permit at the facility or vessel.
    (ii) Cooperative processing endorsement. Use a shoreside processor 
or stationary floating processor required to have an AFA inshore 
processor permit to process groundfish harvested by a fishery 
cooperative formed under Sec. 679.61 unless the AFA inshore processor 
permit contains a valid cooperative pollock processing endorsement.
    (iii) Restricted AFA inshore processors. Use an AFA inshore 
processor with a restricted AFA inshore processor permit to process 
more than 2,000 mt round weight of non-CDQ pollock harvested in the 
BSAI directed pollock fishery in any one year.
    (iv) Single geographic location requirement. Use an AFA inshore 
processor to process pollock harvested in the BSAI directed pollock 
fishery at a location other than the single geographic location defined 
as follows:
    (A) Shoreside processors. The physical location at which the land-
based shoreside processor first processed BSAI pollock harvested in the 
BSAI directed pollock fishery during a fishing year;
    (B) Stationary floating processors. A location within Alaska State 
waters that is within 5 nm of the position in which the stationary 
floating processor first processed BSAI pollock harvested in the BSAI 
directed pollock fishery during a fishing year.
    (v) Catch weighing requirement. Use an AFA inshore processor to 
process groundfish harvested in the BSAI or GOA that was not weighed on 
a scale certified by the State of Alaska.
    (4) Catcher vessels--(i) Use a catcher vessel to engage in directed 
fishing for non-CDQ BSAI pollock for delivery to any AFA processing 
sector (catcher/processor, mothership, or inshore) unless the vessel 
has a valid AFA catcher vessel permit on board that contains an 
endorsement for the sector of the BSAI pollock fishery in which the 
vessel is participating.
    (ii) Use an AFA catcher vessel to retain any BSAI crab species 
unless the catcher vessel's AFA permit contains a crab sideboard 
endorsement for that crab species.
    (iii) Use an AFA catcher vessel to engage in directed fishing for a 
groundfish species or species group in the BSAI or GOA after the 
Regional Administrator has issued an AFA catcher vessel sideboard 
directed fishing closure for that groundfish species or species group 
under Sec. 679.20(d)(1)(iv), Sec. 679.21(d)(8) or 
Sec. 679.21(e)(3)(iv), if the vessel's AFA permit does not contain a 
sideboard exemption for that groundfish species or species group.
    (5) AFA inshore fishery cooperatives--(i) Quota overages. Use an 
AFA catcher vessel listed on an AFA

[[Page 4540]]

inshore cooperative fishing permit to harvest non-CDQ pollock in excess 
of the cooperative's annual allocation of pollock specified under 
Sec. 679.61.
    (ii) Liability. An inshore pollock cooperative is prohibited from 
exceeding its annual allocation of BSAI pollock TAC. The owners and 
operators of all vessels listed on the cooperative fishing permit are 
responsible for ensuring that all cooperative members comply with all 
applicable regulations contained in part 679. The owners and operators 
will be held jointly and severally liable for overages of an annual 
cooperative allocation, and for any other violation of these 
regulations committed by a member vessel of a cooperative.
    (6) Crab processing limits. It is unlawful for an AFA entity that 
processes pollock harvested in the BSAI directed pollock fishery by an 
AFA inshore or AFA mothership catcher vessel cooperative to use an AFA 
crab facility to process crab in excess of the crab processing 
sideboard cap established for that AFA inshore or mothership entity 
under Sec. 679.64. The owners and operators of the individual entities 
comprising the AFA inshore or mothership entity will be held jointly 
and severably liable for any overages of the AFA inshore or mothership 
entity's crab processing sideboard cap.

    5. In Sec. 679.20, paragraphs (a)(5)(i)(D) and (d)(1)(iv) are added 
to read as follows:


Sec. 679.20  General limitations.

    (a) * * *
    (5) * * *
    (i) * * *
    (D) AFA sectoral allocations (applicable through July 20, 2000). 
The pollock TAC apportioned to each BSAI subarea or district, after 
subtraction of the 10 percent CDQ reserve under Sec. 679.31 (a), will 
be allocated as follows:
    (1) Incidental catch allowance. The Regional Administrator will 
establish an incidental catch allowance to account for projected 
incidental catch of pollock by vessels engaged in directed fishing for 
groundfish other than pollock and by vessels harvesting non-pollock 
CDQ. If during a fishing year, the Regional Administrator determines 
that the incidental catch allowance has been set too high or too low, 
he/she may issue inseason notification in the Federal Register that 
reallocates pollock to/from the directed pollock fisheries to/from the 
incidental catch allowance according to the proportions established 
under Sec. 679.20(a)(5)(i)(D)(2).
    (2) Directed fishing allocations. The remaining pollock TAC 
apportioned to each BSAI subarea or district will be allocated for 
directed fishing as follows:
    (i) 50 percent to vessels harvesting pollock for processing by AFA 
inshore processors,
    (ii) 40 percent to vessels harvesting pollock for processing by 
catcher/processors, with not less than 8.5 percent of this allocation 
made available for harvest by AFA catcher vessels and not more than 0.5 
percent of this allocation made available for harvest by restricted AFA 
catcher/processors, and
    (iii) 10 percent to vessels harvesting pollock for processing by 
AFA motherships.
    (3) Allocations for fishing by inshore cooperatives and vessels not 
participating in cooperatives. The TAC allocated to vessels harvesting 
pollock for processing by AFA inshore processors will be divided into 
separate allocations for cooperatives and vessels not participating in 
cooperatives. The TAC allocation for cooperative fishing will be equal 
to the aggregate annual allocations of all inshore cooperatives that 
receive pollock allocations under Sec. 679.61(e). The TAC allocation 
for fishing for vessels not participating in cooperatives will be equal 
to the allocation made to vessels harvesting pollock for processing by 
AFA inshore processors minus the TAC allocation for cooperative 
fishing.
    (4) Excessive harvesting share. NMFS will establish an excessive 
harvesting share limit equal to 17.5 percent of the sum of the 
allocations made under Sec. 679.20(a)(5)(i)(D)(2). The excessive share 
limit will be published in the proposed, interim, and final 
specifications.
* * * * *
    (d) * * *
    (1) * * *
    (iv) AFA sideboard limitations (applicable through July 20, 2000)--
(A) If the Regional Administrator determines that any sideboard harvest 
limit for a group of AFA vessels established under Sec. 679.63 has been 
or will be reached, the Regional Administrator may establish a directed 
fishing allowance for the species or species group applicable only to 
the identified group of AFA vessels.
    (B) In establishing a directed fishing allowance under paragraph 
(d)(1)(iv)(A) of this section, the Regional Administrator shall 
consider the amount of the harvest limitation established for a group 
of AFA vessels under Sec. 679.63 that will be taken as incidental catch 
by those vessels in directed fishing for other species.
* * * * *

    6. In Sec. 679.21, paragraphs (d)(8) and (e)(3)(v) are added to 
read as follows:


Sec. 679.21  Prohibited species bycatch management.

    (d) * * *
    (8) AFA halibut bycatch limitations (applicable through July 20, 
2000). Halibut bycatch limits for AFA catcher vessels will be 
established according to the procedure and formula set out in 
Sec. 679.63 (b) and managed through directed fishing closures for AFA 
catcher vessels in the groundfish fisheries to which the halibut 
bycatch limit applies.
* * * * *
    (e) * * *
    (3) * * *
    (v) AFA prohibited species catch limitations (applicable through 
July 20, 2000). Halibut and crab PSC limits for AFA catcher/processors 
and AFA catcher vessels will be established according to the procedures 
and formulas set out in Sec. 679.63 (a) and (b) and managed through 
directed fishing closures for AFA catcher/processors and AFA catcher 
vessels in the groundfish fisheries for which the PSC limit applies.
* * * * *

    7. In Sec. 679.50, paragraphs (c)(5) and (d)(5) are added to read 
as follows:


Sec. 679.50  Groundfish Observer Program * * *

    (c) * * *
    (5) AFA catcher/processors and motherships (applicable through July 
20, 2000)--(i) Coverage requirement.
    (A) Unrestricted AFA catcher/processors and AFA motherships. The 
owner or operator of an unrestricted AFA catcher/processor or AFA 
mothership must provide at least two NMFS certified observers for each 
day that the vessel is used to harvest, process, or take deliveries of 
groundfish. More than two observers are required if the observer 
workload restriction at Sec. 679.50(c)(5)(iii) would otherwise preclude 
sampling as required under Sec. 679.62(a)(1).
    (B) Restricted AFA catcher/processors. The owner or operator of a 
restricted AFA catcher/processor must provide at least two NMFS 
certified observers for each day that the vessel is used to engage in 
directed fishing for pollock in the BSAI, or takes deliveries of 
pollock harvested in the BSAI. When a restricted AFA catcher/processor 
is not engaged in directed fishing for BSAI pollock and is not 
receiving deliveries of pollock harvested in the BSAI, the observer 
coverage requirements at Sec. 679.50(c)(1)(iv) apply.
    (ii) Certification level. At least one of the observers required 
under paragraphs (c)(5)(i)(A) and (B) of section must be

[[Page 4541]]

certified as a lead CDQ observer as specified in paragraph 
(h)(1)(i)(E)(1) of this section.
    (iii) Observer work load. The time required for the observer to 
complete sampling, data recording, and data communication duties may 
not exceed 12 consecutive hours in each 24-hour period, and, the 
observer may not sample more than 9 hours in each 24-hour period.
* * * * *
    (d) Observer requirements for shoreside processors. * * *
    (5) AFA inshore processors (applicable through July 20, 2000)--(i) 
Coverage level. An AFA inshore processor is required to provide a NMFS 
certified observer for each 12 consecutive hour period of each calendar 
day during which the processor takes delivery of, or processes, 
groundfish harvested by a vessel engaged in a directed pollock fishery 
in the BSAI. A processor that takes delivery of or processes pollock 
for more than 12 consecutive hours in a calendar day is required to 
provide two NMFS-certified observers for each such day.
    (ii) Multiple processors. An observer deployed to an AFA inshore 
processor may not be assigned to cover more than one processor during a 
calendar day in which the processor receives or processes pollock 
harvested in the BSAI directed pollock fishery.
* * * * *

    8. In 50 CFR part 679, a new Subpart F--American Fisheries Act 
Management Measures (applicable through July 20, 2000) is added to read 
as follows:
Subpart F--American Fisheries Act Management Measures (Applicable 
Through July 20, 2000)
Sec.
679.59   Authority and related regulations.
679.60   Catcher/processor and mothership pollock cooperatives.
679.61   Inshore pollock cooperatives.
679.62   Requirements for vessels and processors.
679.63   Harvest limitations in other fisheries.
679.64   AFA inshore processor and AFA mothership crab processing 
sideboard limits.

Subpart F--[Amended]


Sec. 679.59  Authority and related regulations.

    Regulations under this subpart were developed by the National 
Marine Fisheries Service and the North Pacific Fishery Management 
Council to implement the American Fisheries Act (AFA) [Div. C, Title 
II, Subtitle II, Public Law No. 105-277, 112 Stat. 2681 (1998)]. 
Additional regulations that implement specific provisions of the AFA 
are set out at Sec. 679.2 Definitions, Sec. 679.4 Permits, Sec. 679.5 
Recordkeeping and reporting, Sec. 679.7 Prohibitions, Sec. 679.20 
General limitations, Sec. 679.21 Prohibited species bycatch management, 
Sec. 679.28 Equipment and operational requirements for Catch Weight 
Measurement, Sec. 679.31 CDQ reserves, and Sec. 679.50 Groundfish 
Observer Program applicable through December 31, 2000.


Sec. 679.60  Catcher/processor and mothership pollock cooperatives.

    (a) Applicability. Any fishery cooperative formed under section 1 
of the Act of June 25, 1934 (15 U.S.C. 521) for the purpose of 
cooperatively managing directed fishing for BSAI pollock for processing 
by catcher/processors or motherships must comply with the provisions of 
this section.
    (b) Filing of fishery cooperative contracts. Any contract 
implementing a fishery cooperative for the purpose of cooperatively 
managing directed fishing for BSAI pollock for processing by catcher/
processors or motherships, and any material modifications to any such 
contract must be filed not less than 30 days prior to the start of 
fishing under the contract with the Council and with the Regional 
Administrator, together with a copy of a letter from a party to the 
contract requesting a business review letter on the fishery cooperative 
from the Department of Justice and any response to such request. Any 
fishery cooperative intending to deliver pollock to an AFA mothership 
also must notify the owners of the AFA mothership not less than 30 days 
prior to the start of fishing under the contract.
    (c) Required elements. Any cooperative contract filed under 
paragraph (b) of this section must contain the following information:
    (1) A list of parties to the contract,
    (2) A list of all vessels and processors that will harvest and 
process pollock harvested under the cooperative,
    (3) The amount or percentage of pollock allocated to each party to 
the contract, and
    (4) For a cooperative that includes catcher vessels delivering 
pollock to motherships or catcher/processors, penalties to prevent each 
non-exempt member catcher vessel from exceeding an individual vessel 
sideboard limit for each BSAI or GOA sideboard species or species group 
that is issued to the vessel by the cooperative in accordance with the 
following formula:
    (i) The aggregate individual vessel sideboard limits issued to all 
member vessels in a cooperative must not exceed the aggregate 
contributions of each member vessel towards the overall groundfish 
sideboard amount as calculated by NMFS under Sec. 679.63(b) and as 
announced to the cooperative by the Regional Administrator, or
    (ii) In the case of two or more cooperatives that have entered into 
an inter-cooperative agreement, the aggregate individual vessel 
sideboard limits issued to all member vessels subject to the inter-
cooperative agreement must not exceed the aggregate contributions of 
each member vessel towards the overall groundfish sideboard amount as 
calculated by NMFS under Sec. 679.63(b) and as announced to NMFS by the 
Regional Administrator.
    (d) Annual report. Any fishery cooperative governed by this section 
must submit annual preliminary and final written reports on fishing 
activity to the North Pacific Fishery Management Council, 605 West 4th 
Ave, Suite 306, Anchorage, AK 99501, for public distribution. The 
preliminary report covering activities through November 1 must be 
submitted by December 1 of each year and the final report must be 
submitted by January 31 of each year.
    (1) Required contents. The preliminary and final written reports 
must contain, at a minimum:
    (i) The cooperative's allocated catch of pollock and sideboard 
species, and any sub-allocations of pollock and sideboard species made 
by the cooperative to individual vessels on a vessel-by-vessel basis;
    (ii) The cooperative's actual retained and discarded catch of 
pollock, sideboard species, and PSC on a area-by-area and vessel-by-
vessel basis;
    (iii) A description of the method used by the cooperative to 
monitor fisheries in which cooperative vessels participated; and
    (iv) A description of any actions taken by the cooperative to 
penalize vessels that exceed their allowed catch and bycatch in pollock 
and all sideboard fisheries.


Sec. 679.61  Inshore pollock cooperatives.

    (a) Applicability. Any fishery cooperative formed under section 1 
of the Act of June 25, 1934 (15 U.S.C. 521) for the purpose of 
cooperatively managing directed fishing for pollock for processing by 
an AFA inshore processor must comply with the provisions of this 
section.
    (b) Filing of fishery cooperative contracts. Any contract 
implementing a fishery cooperative for the purpose of cooperatively 
managing directed fishing for pollock for processing by an AFA inshore 
processor, any material

[[Page 4542]]

modifications to any such contract, and a copy of a letter from a party 
to the contract requesting a business review letter on the fishery 
cooperative from the Department of Justice and any response to such 
request, must be filed with the Council and with the Regional 
Administrator no later than 30 days prior to the start of fishing under 
the contract.
    (c) Required elements. Any cooperative contract filed under 
paragraph (b) of this section must contain the following:
    (1) A list of parties to the contract,
    (2) A list of all vessels and processors that will harvest and 
process pollock harvested under the cooperative,
    (3) The amount or percentage of pollock allocated to each party to 
the contract, and
    (4) Penalties to prevent each non-exempt member catcher vessel from 
exceeding an individual vessel sideboard limit for each BSAI or GOA 
groundfish sideboard species or species group that is issued to the 
vessel by the cooperative in accordance with the following formula:
    (i) The aggregate individual vessel sideboard limits issued to all 
member vessels in a cooperative must not exceed the aggregate 
contributions of each member vessel towards the overall groundfish 
sideboard amount as calculated by NMFS under Sec. 679.63(b) and as 
announced to the cooperative by the Regional Administrator, or
    (ii) In the case of two more cooperatives that have entered into an 
inter-cooperative agreement, the aggregate individual vessel sideboard 
limits issued to all member vessels subject to the inter-cooperative 
agreement must not exceed the aggregate contributions of each member 
vessel towards the overall groundfish amount as calculated by NMFS 
under Sec. 679.63(b) and as announced to NMFS by the Regional 
Administrator.
    (d) Responsible parties--(1) Designated representative. Any 
cooperative formed under this section must appoint a designated 
representative to fulfill regulatory requirements on behalf of the 
cooperative including, but not limited to, the signing of cooperative 
fishing permit applications and completing and submitting inshore 
catcher vessel pollock cooperative catch reports. The owners of the 
member catcher vessels in the cooperative are jointly responsible for 
compliance and must ensure that the designated representative complies 
with all applicable regulations in this part.
    (2) Agent for service of process.
    (i) Any cooperative formed under this section must appoint an agent 
who is authorized to receive and respond to any legal process issued in 
the United States with respect to all owners and operators of vessels 
listed on the cooperative fishing permit. The cooperative must provide 
the Regional Administrator with the name, address and telephone number 
of the appointed agent on the application for an inshore cooperative 
fishing permit. Service on or notice to the cooperative's appointed 
agent constitutes service on or notice to all members of the 
cooperative.
    (ii) The owners and operators of all member vessels of an inshore 
pollock cooperative are responsible for ensuring that the agent is 
capable of accepting service on behalf of the cooperative for at least 
5 years from the expiration day of the AFA permit. The owners and 
operators of all member vessels of a cooperative are also responsible 
for ensuring that a substitute agent is designated and the Agency is 
notified of the name, address and telephone number of the substitute 
representative in the event the previously designated representative is 
no longer capable of accepting service on behalf of the cooperative or 
the cooperative members within that 5-year period.
    (e) Cooperative pollock allocations. An inshore pollock cooperative 
that applies for and receives an AFA inshore cooperative fishing permit 
under Sec. 679.4(l)(6) will receive a sub-allocation of the annual 
inshore pollock allocation that is determined according to the 
following procedure:
    (1) Calculation of individual vessel catch histories. The Regional 
Administrator will calculate an official AFA inshore cooperative catch 
history for every catcher vessel that made a landing of inshore pollock 
in the Bering Sea Subarea and/or Aleutian Islands Subarea during 1995, 
1996, or 1997 according to the following steps:
    (i) Determination of annual landings. For each year from 1995 
through 1997 the Regional Administrator will determine each vessel's 
total inshore landings; from the Bering Sea Subarea and Aleutian 
Islands Subarea separately.
    (ii) Offshore compensation. If a catcher vessel made a total of 500 
or more mt of landings of Bering Sea Subarea pollock or Aleutian 
Islands Subarea pollock to catcher/processors or offshore motherships 
other than the EXCELLENCE (USCG documentation number 967502); GOLDEN 
ALASKA (USCG documentation number 651041); or OCEAN PHOENIX (USCG 
documentation number 296779) over the 3-year period from 1995 through 
1997, then all offshore pollock landings made by that vessel during 
from 1995 through 1997 will be added to the vessel's inshore catch 
history by year and subarea.
    (iii) Best two out of three years. After steps (i) and (ii) are 
completed, the 2 years with the highest landings will be selected for 
each subarea and added together to generate the vessel's official AFA 
inshore cooperative catch history for each subarea. A vessel's best 2 
years may be different for the Bering Sea subarea and the Aleutian 
Islands Subarea.
    (2) Calculation of cooperative quota share. Each inshore pollock 
cooperative that applies for and receives an AFA inshore pollock 
cooperative fishing permit will receive an annual quota share 
percentage of pollock for each subarea of the BSAI that is equal to the 
sum of each member vessel's official AFA inshore cooperative catch 
history for that subarea divided by the sum of the official AFA inshore 
cooperative catch histories of all catcher vessels that made BSAI 
inshore pollock landings from that subarea in 1995, 1996, or 1997. The 
cooperative's quota share percentage will be listed on the 
cooperative's AFA pollock cooperative permit.
    (3) Conversion of quota share to annual TAC allocation. Each 
inshore pollock cooperative that receives a quota share percentage for 
a fishing year will receive an annual allocation of Bering Sea and/or 
Aleutian Islands pollock that is equal to the cooperative's quota share 
percentage for that subarea multiplied by the annual inshore pollock 
allocation for that subarea. Each cooperative's annual pollock TAC 
allocation may be published in the interim, and final BSAI TAC 
specifications notices.
    (f) Cooperative fishing restrictions. AFA inshore pollock 
cooperatives must comply with the following fishing restrictions.
    (1) Eligible vessels. Only catcher vessels listed on the 
cooperative's AFA inshore cooperative fishing permit are permitted to 
harvest the cooperative's annual cooperative allocation.
    (2) Quota management. All BSAI inshore pollock harvested by a 
member vessel while engaging in directed fishing for inshore pollock in 
the BSAI during the fishing year for which the annual cooperative 
allocation is in effect will accrue against the cooperative's annual 
pollock allocation regardless of whether the pollock was retained or 
discarded.
    (3) Reporting of cooperative catch. Each inshore pollock 
cooperative must report to the Regional Administrator its BSAI pollock 
harvest on an daily basis according to the recordkeeping and

[[Page 4543]]

reporting requirements set out at Sec. 679.5(o).
    (g) Annual report. Any fishery cooperative governed by this section 
must submit annual preliminary and final written reports on fishing 
activity to the North Pacific Fishery Management Council, 605 West 4th 
Ave, Suite 306, Anchorage, AK 99501, for public distribution. The 
preliminary and final reports must contain the same elements and must 
be submitted according to the same deadlines as the preliminary and 
final reports required under Sec. 679.60(d).


Sec. 679.62  Requirements for vessels and processors.

    (a) AFA catcher/processors and AFA motherships--(1) Unrestricted 
AFA catcher/processors and AFA motherships.
    (i) Catch weighing. All groundfish landed by unrestricted AFA 
catcher/processors or received by AFA motherships must be weighed on a 
NMFS-certified scale and made available for sampling by a NMFS 
certified observer. The owner and operator of an unrestricted AFA 
catcher/processor or an AFA mothership must ensure that the vessel is 
in compliance with the scale requirements described at Sec. 679.28(b), 
that each groundfish haul is weighed separately, and that no sorting of 
catch takes place prior to weighing.
    (ii) Observer sampling station. The owner and operator of an 
unrestricted AFA catcher/processor or AFA mothership must provide an 
observer sampling station as described at Sec. 679.28(d) and must 
ensure that the vessel operator complies with the observer sampling 
station requirements described at Sec. 679.28(d) at all times that the 
vessel harvests groundfish or receives deliveries of groundfish 
harvested in the BSAI or GOA.
    (2) Restricted AFA catcher/processors. The owner or operator of a 
restricted AFA catcher/processor must comply with the catch weighing 
and observer sampling station requirements set out in paragraph (a)(1) 
of this section at all times the vessel is engaged in directed fishing 
for pollock in the BSAI.
    (b) AFA inshore processors--(1) Catch Weighing. All groundfish 
landed by AFA catcher vessels engaged in directed fishing for pollock 
in the BSAI must be sorted and weighed on a scale approved by the State 
of Alaska under Sec. 679.28(c) and be made available for sampling by a 
NMFS certified observer. The observer must be allowed to test any scale 
used to weigh groundfish in order to determine its accuracy.
    (2) The plant manager or plant liaison must notify the observer of 
the offloading schedule for each delivery of BSAI pollock by an AFA 
catcher vessel at least 1 hour prior to offloading. An observer must 
monitor each delivery of BSAI pollock from an AFA catcher vessel and be 
on site the entire time the delivery is being weighed or sorted.


Sec. 679.63  Harvest limitations in other fisheries.

    (a) AFA catcher/processor sideboards. The Regional Administrator 
will establish restrictions on the ability of unrestricted AFA catcher/
processors to engage in directed fishing for BSAI groundfish species 
other than pollock. Such limits will be established and managed as 
follows:
    (1) Calculation of groundfish harvest limits. For each groundfish 
species or species group in which a TAC is specified for an area or 
subarea of the BSAI, the Regional Administrator will establish annual 
AFA catcher/processor harvest limits as follows:
    (i) Pacific cod. The Pacific cod harvest limit will be equal to the 
1997 aggregate catch of Pacific cod by catcher/processors listed in 
paragraphs 208(e)(1) through (20) and 209 of the AFA in non-pollock 
target fisheries divided by the Pacific cod TAC available to catcher/
processors in 1997 multiplied by the Pacific cod TAC available for 
harvest by catcher/processors in the year in which the harvest limit 
will be in effect.
    (ii) Aleutian Islands Pacific ocean perch. The Aleutian Islands 
Pacific ocean perch harvest limit will be equal to the aggregate 1996 
through 1997 catch of Aleutian Islands Pacific ocean perch by catcher/
processors listed in paragraphs 208(e)(1) through (20) and 209 of the 
AFA in non-pollock target fisheries divided by the sum of the Aleutian 
Islands Pacific ocean perch TACs available to catcher/processors in 
1996 and 1997 multiplied by the Aleutian Islands Pacific ocean perch 
TAC available for harvest by catcher/processors in the year in which 
the harvest limit will be in effect.
    (iii) Atka mackerel. The Atka mackerel harvest limit for each area 
and season will be equal to:
    (A) Bering Sea subarea and Eastern Aleutian Islands, zero;
    (B) Central Aleutian Islands, 11.5 percent of the annual TAC 
specified for Atka mackerel; and
    (C) Western Aleutian Islands, 20 percent of the annual TAC 
specified for Atka mackerel.
    (iv) Remaining groundfish species. Except as provided for in 
paragraphs (a)(2)(1)(i) through (a)(2)(1)(iii) of this section, the 
harvest limit for each BSAI groundfish species or species group will be 
equal to the aggregate 1995 through 1997 catch of that species by 
catcher/processors listed in listed in paragraphs 208(e)(1) through 
(20) and 209 of the AFA in non-pollock target fisheries divided by the 
sum of the TACs of that species or species group available to catcher/
processors in 1995 through 1997 multiplied by the TAC of that species 
available for harvest by catcher/processors in the year in which the 
harvest limit will be in effect.
    (2) Calculation of halibut and crab PSC bycatch limits. For each 
halibut or crab PSC limit specified for catcher/processors in the BSAI, 
the Regional Administrator will establish an annual unrestricted AFA 
catcher/processor PSC limit equal to the estimated aggregate 1995 
through 1997 PSC bycatch of that species by catcher/processors listed 
in paragraphs 208(e)(1) through (20) and 209 of the AFA while engaged 
in directed fishing for species other than pollock divided by the 
aggregate PSC bycatch limit of that species for catcher/processors from 
1995 through 1997 multiplied by the PSC limit of that species available 
to catcher/processors in the year in which the harvest limit will be in 
effect.
    (3) Management of AFA catcher/processor sideboard limits. The 
Regional Administrator will manage groundfish harvest limits and PSC 
bycatch limits for AFA catcher/processors in accordance with the 
procedures set out in Sec. 679.20(d)(1)(iv), and Sec. 679.21(e)(3)(v).
    (b) AFA catcher vessel sideboards. The Regional Administrator will 
establish restrictions on the ability of AFA catcher vessels to engage 
in directed fishing for other groundfish species in the GOA and BSAI. 
Such restrictions will be established and managed as follows:
    (1) Calculation of groundfish and PSC sideboards. For each 
groundfish species or species group in which a TAC is specified for an 
area or subarea of the GOA and BSAI; and for each halibut and crab PSC 
limit, the Regional Administrator will establish annual AFA catcher 
vessel groundfish harvest limits and PSC bycatch limits as follows:
    (i) Affected vessels. Catcher vessel harvest limits and PSC bycatch 
limits will apply to all AFA catcher vessels in all GOA and non-pollock 
BSAI groundfish fisheries except:
    (A) BSAI Pacific cod--(1) AFA catcher vessels less than 125 ft 
(38.1 m) LOA that are determined by the Regional Administrator to have 
harvested a combined total of less than 5,100 mt of BSAI pollock, and 
to have made 30 or more legal landings of Pacific cod in the BSAI 
directed fishery

[[Page 4544]]

for Pacific cod from 1995 through 1997 will be exempt from sideboard 
closures for BSAI Pacific cod.
    (2) AFA catcher vessels with mothership endorsements will be exempt 
from BSAI Pacific cod catcher vessel sideboard directed fishing 
closures after March 1 of each fishing year.
    (B) GOA groundfish. AFA catcher vessels less than 125 ft (38.1 m) 
LOA that are determined by the Regional Administrator to have harvested 
less than 5100 mt of BSAI pollock and to have made 40 or more landings 
of GOA groundfish from 1995 through 1997 will be exempt from GOA 
groundfish catcher vessel sideboard directed fishing closures.
    (ii) Calculation of BSAI and GOA groundfish harvest limits--(A) 
BSAI Groundfish other than BSAI Pacific cod. The AFA catcher vessel 
groundfish harvest limit for each BSAI groundfish species or species 
group other than BSAI Pacific cod will be equal to the aggregate 
retained catch of that groundfish species or species group from 1995 
through 1997 by AFA catcher vessels not exempted under 
Sec. 679.63(b)(1)(i)(A)(1); divided by the sum of the TACs available to 
catcher vessels for that species or species group from 1995 through 
1997; multiplied by the TAC available to catcher vessels in the year or 
season in which the harvest limit will be in effect.
    (B) BSAI Pacific cod. The AFA catcher vessel groundfish harvest 
limit for BSAI Pacific cod will be equal to the retained catch of BSAI 
Pacific cod in 1997 by AFA catcher vessels not exempted under 
Sec. 679.63(b)(1)(i)(A)(1) divided by the BSAI Pacific cod TAC 
available to catcher vessels in 1997; multiplied by the BSAI Pacific 
cod TAC available to catcher vessels in the year or season in which the 
harvest limit will be in effect.
    (C) GOA groundfish. The AFA catcher vessel groundfish harvest limit 
for each GOA groundfish species or species group will be equal to the 
aggregate retained catch of that groundfish species or species group 
from 1995 through 1997 by AFA catcher vessels not exempted under 
Sec. 679.63(b)(1)(i)(B); divided by the sum of the TACs of that species 
or species group available to catcher vessels from 1995 through 1997; 
multiplied by the TAC available to catcher vessels in the year or 
season in which the harvest limit will be in effect.
    (iii) Calculation of BSAI and GOA PSC bycatch limits. The AFA 
catcher vessel PSC bycatch limit for halibut in the BSAI and GOA, and 
each crab species in the BSAI for which a trawl bycatch limit has been 
established will be a portion of the PSC limit equal to the ratio of 
aggregate retained groundfish catch by AFA catcher vessels in each PSC 
target category from 1995 through 1997 relative to the retained catch 
of all vessels in that fishery from 1995 through 1997.
    (iv) Management of AFA catcher vessel sideboard limits. The 
Regional Administrator will manage groundfish harvest limits and PSC 
bycatch limits for AFA catcher vessels using directed fishing closures 
and PSC closures according to the procedures set out at 
Sec. 679.20(d)(1)(iv), Sec. 679.21(d)(8), and Sec. 679.21(e)(3)(v).


Sec. 679.64  AFA inshore processor and AFA mothership crab processing 
sideboard limits.

    (a) Applicability. The crab processing limits in this section apply 
to any AFA inshore or mothership entity that receives pollock harvested 
in the BSAI directed pollock fishery by a fishery cooperative 
established under Sec. 679.60 or Sec. 679.61.
    (b) Calculation of crab processing sideboard limits. Upon receipt 
of an application for a cooperative processing endorsement from the 
owners of an AFA mothership or AFA inshore processor, the Regional 
Administrator will calculate a crab processing cap percentage for the 
associated AFA inshore or mothership entity. The crab processing cap 
percentage for each BSAI king or Tanner crab species will be equal to 
the percentage of the total catch of each BSAI king or Tanner crab 
species that the AFA crab facilities associated with the AFA inshore or 
mothership entity processed in the aggregate, on average, in 1995, 
1996, and 1997.
    (c) Notification of crab processing sideboard percentage limits. An 
AFA inshore or mothership entity's crab processing cap percentage for 
each BSAI king or Tanner crab species will be listed on each AFA 
mothership or AFA inshore processor permit that contains a cooperative 
pollock processing endorsement.
    (d) Conversion of crab processing sideboard percentages and 
notification of crab processing sideboard poundage caps. Prior to the 
start of each BSAI king or Tanner crab fishery, NMFS will convert each 
AFA inshore or mothership entity's crab processing sideboard percentage 
to a poundage cap by multiplying the crab processing sideboard 
percentage by the pre-season guideline harvest level established for 
that crab fishery by ADF&G. The Regional Administrator will notify each 
AFA inshore or mothership entity of its crab processing sideboard 
poundage cap through a letter to the owner of the AFA mothership or AFA 
inshore processor and by publishing the crab processing poundage caps 
on the NMFS-Alaska Region world wide web home page (http://www.fakr.noaa.gov).
    (e) Overages. In the event that the actual harvest of a BSAI crab 
species exceeds the pre-season Guideline harvest level (GHL) announced 
for that species, an AFA inshore or mothership entity may exceed its 
crab processing cap without penalty up to an amount equal to the AFA 
inshore or mothership entity's crab processing percentage multiplied by 
the final official harvest amount of that crab species as determined by 
ADF&G and announced by NMFS on the NMFS-Alaska Region world wide web 
home page (http://www.fakr.noaa.gov).

[FR Doc. 00-1832 Filed 1-21-00; 4:52 pm]
BILLING CODE 3510-22-P