[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Proposed Rules]
[Pages 70328-70329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29883]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. No. 111500B]


Fisheries of the Exclusive Economic Zone Off Alaska; Commencement 
of Groundfish Fisheries in 2001

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

[[Page 70329]]


ACTION: Notification of 2001 total allowable catch specifications for 
groundfish

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SUMMARY: NMFS notifies the public that the 2001 total allowable catch 
(TAC) specifications for groundfish in the exclusive economic zone in 
the Bering Sea and Aleutian Islands management area (BSAI) and in the 
Gulf of Alaska (GOA) will be implemented by emergency rule(s) 
promulgated pursuant to the Magnuson-Stevens Fishery Conservation and 
Management Act. NMFS has determined that the existing regulatory 
process for publication of annual groundfish TAC specifications is 
impracticable for establishing the 2001 TACs because NMFS currently is 
preparing a biological opinion pursuant to the Endangered Species Act 
(ESA) evaluating the effects of groundfish fisheries measures, 
including the specification of TACs, on endangered and threatened 
species. The intended effect of this action is to inform the public of 
NMFS' plan to promulgate the 2001 groundfish TAC specifications by 
emergency rule and to remind fishermen that no groundfish harvest is 
authorized for the 2001 fishing year until NMFS publishes groundfish 
TAC specifications for the 2001 fishing year.

FOR FURTHER INFORMATION CONTACT: Sue Salveson, Assistant Regional 
Administrator for Sustainable Fisheries, Alaska Region, NMFS, 907-586-
7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
BSAI and the GOA pursuant to the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area, and the 
Fishery Management Plan for Groundfish of the Gulf of Alaska, 
respectively. Each of these fishery management plans (FMPs) was 
prepared by the North Pacific Fishery Management Council (Council) and 
approved by NMFS under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1801 et seq. Regulations 
implementing the FMPs are codified at 50 CFR part 679. General 
regulations governing U.S. fisheries are codified at 50 CFR part 600.
    NMFS currently is preparing a comprehensive biological opinion 
evaluating the effects of the Alaska groundfish fisheries measures, 
including the specification of TACs, on endangered and threatened 
species and designated critical habitat, as required by section 7 of 
the ESA, 16 U.S.C. 1536. NMFS is preparing this biological opinion 
pursuant to an order of the U.S. District Court for the Western 
District of Washington, issued July 19, 2000, holding NMFS in 
continuing violation of the ESA until NMFS issues a legally adequate 
biological opinion evaluating the combined, overall effects of the 
North Pacific groundfish fisheries on Steller sea lions and their 
critical habitat. Greenpeace v. NMFS, 106 F. Supp.2d 1066 (W.D. Wash. 
2000).
    NMFS expects to complete its biological opinion on the effects of 
the Alaska groundfish fisheries on threatened and endangered species 
and designated critical habitat by November 30, 2000. The biological 
opinion may require implementation of additional fishery management 
measures, including those affecting specification of TACs, in order to 
further protect endangered and threatened species and their designated 
critical habitat from the effects of the groundfish fisheries. Because 
the need for and type of additional protective measures will not be 
known until completion of the biological opinion, and because NMFS may 
need to implement additional protective measures before the start of 
the 2001 groundfish fisheries, NMFS has determined that it is 
impracticable to publish proposed, interim, and final TAC 
specifications for the 2001 Alaska groundfish fisheries pursuant to the 
regulatory process provided in Sec.  679.20(c). Instead, NMFS intends 
to publish one or more emergency rules establishing TAC specifications 
for the 2001 groundfish fisheries and implementing any additional 
protective measures that may be necessary in accordance with the 
requirements of the biological opinion. NMFS will endeavor to publish 
these rules as quickly as possible to diminish disruption to the 
fisheries. Fishermen are reminded that no groundfish harvest is 
authorized for the 2001 fishing year until NMFS publishes 2001 TAC 
specifications.

    Dated: November 16, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-29883 Filed 11-17-00; 4:20 pm]
BILLING CODE 3510-22-S