[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34852-34854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16574]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1160-05; I.D. 061401A]
RIN 0648-A082


Fisheries of the Exclusive Economic Zone Off Alaska; Correction 
to the Emergency Interim Rule; Closure

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

ACTION: Correction to the emergency interim rule for Steller Sea Lion 
Protection Measures for the Groundfish Fisheries Off Alaska; Final 2001 
Harvest Specifications and Associated Management Measures for the 
Groundfish Fisheries Off Alaska; Closure.

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SUMMARY: NMFS amends an emergency interim rule by removing the 150 
metric ton (mt) of the seasonal allocation of Pacific halibut 
prohibited species catch (PSC) apportioned to the ``shallow water trawl 
fishery'' during June 10 to July 1. NMFS is also prohibiting directed 
fishing by vessels using trawl gear in the Gulf of Alaska (GOA) for 
species that comprise the shallow water species fishery, except for 
vessels fishing for pollock using pelagic trawl gear in those portions 
of the GOA open to directed fishing for pollock. This action is 
necessary to preserve limited bycatch amounts of Pacific halibut while 
NMFS reviews the seasonal allocation of GOA Pacific cod total allowable 
catch (TAC) recommended by the North Pacific Fishery Management Council 
(Council).

DATES: Tables 24 and 25 to the preamble are effective 1200 hrs, Alaska 
local time (A.l.t.), June 27, 2001, through 2400 hrs, A.l.t., July 17, 
2001. The closure for the shallow water species fishery by vessels 
using trawl gear in the GOA is effective 1200 hrs, A.l.t., June 27, 
2001, through 1200 hrs, A.l.t., July 1, 2001.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council (Council) under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). Regulations

[[Page 34853]]

governing fishing by U.S. vessels in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.

Correction to the Emergency Interim Rule

    In December 2000, the Council recommended seasonal Pacific halibut 
PSC apportionments in order to maximize harvest among gear types, 
fisheries, and seasons while minimizing bycatch of Pacific halibut. The 
seasonal apportionments of the Pacific halibut PSC were published in 
Tables 24 and 25 of the emergency interim rule implementing the Steller 
sea Lion Protection Measures for the Groundfish Fisheries Off Alaska; 
Final 2001 Harvest Specifications and Associated Management Measures 
for the Groundfish Fisheries Off Alaska (66 FR 7276, January 22, 2001). 
However, at an emergency January 12, 2001, meeting, NMFS presented the 
Council with the 2001 Steller sea lion protection measures, one of 
which separates the GOA Pacific cod TAC into two separate seasonal 
allowances. The A season, January 1, 2001, through noon, A.l.t., June 
10, 2001, is allocated 60 percent of the annual TAC. The B season, 
starting at noon, A.l.t., June 10, 2001, through midnight, A.l.t., 
December 31, 2001, is allocated 40 percent of the annual TAC. In 
response to the new seasonal apportionments of the GOA Pacific cod TAC, 
the Council requested NMFS to also reapportion seasonal Pacific halibut 
PSC amounts to support the seasonal Pacific cod fisheries (66 FR 17087, 
March 29, 2001).
    At its April 2001 meeting, the Council recommended delaying the 
Pacific cod ``B'' season from June 10 to September 1. When the Council 
made this recommendation, it took no action on the Pacific halibut PSC 
seasonal allowance, i.e., the seasonal allowance became available on 
June 10. At the Council's June 2001 meeting, certain industry 
representatives expressed their concern that fishermen could start 
fishing for the other species in the ``shallow water trawl fishery'' 
and could catch substantial amounts of the Pacific halibut PSC seasonal 
limit, leaving insufficient amounts of this seasonal limit to support a 
Pacific cod fishery ``B'' season.
    Regulations at Sec.  679.21(d)(3)(iii) authorize apportionments of 
the trawl Pacific halibut PSC limit to the ``shallow water trawl 
fishery.'' This apportionment is further allocated seasonally. The 
current seasonal allowance is available June 10 to July 1. In response 
to industry concerns, at its June meeting, the Council recommended that 
the 150 mt seasonal apportionment of the Pacific halibut trawl PSC 
available during June 10 to July 1 season be held aside to preserve 
bycatch amounts of Pacific halibut that would be necessary to support a 
``B'' season that may occur during the latter part of the year.
    NMFS is reviewing the Council's recommendation to delay the Pacific 
cod ``B'' season from June 10 to September 1 and will make a final 
determination on that recommendation by July 17.
    Accordingly, Tables 24 and 25 of the Steller Sea Lion Protection 
Measures for the Groundfish Fisheries Off Alaska; Final 2001 Harvest 
Specifications and Associated Management Measures for the Groundfish 
Fisheries Off Alaska (66 FR 7276, January 22, 2001) are adjusted to 
read as follows:

 Table 24 - Final 2001 Pacific halibut PSC limits, allowances, and apportionments. The Pacific halibut PSC limit
 for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and fisheries other than DSR.
                     The hook-and-line sablefish fishery is exempt from halibut PSC limits.
                                               (Values are in mt)
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                  Trawl gear                                           Hook-and-line gear
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                                                        Other than DSR                         DSR
              Dates                  Amount   ------------------------------------------------------------------
                                                      Dates            Amount           Dates           Amount
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Jan 1-Apr 1                         550 (28%)  Jan 1-May 7........    205 (70%)  Jan 1-Dec 31......    10 (100%)
Apr 1-Jun 10                        400 (20%)  May 17-Aug 31......          Any  ..................  ...........
                                                                       rollover
Jun 1-Jul 1                            0 (0%)  Aug 31-Dec 31......     85 (30%)  ..................  ...........
Jul 1-Sep 1                         600 ( 7%)  ...................  ...........  ..................  ...........
Oct 1-Dec 31                        300 (15%)  ...................  ...........  ..................  ...........
Total                                   1,850  ...................   290 (100%)  ..................    10 (100%)
                                       (100%)
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 Table 25 - Final 2001 apportionment of Pacific halibut PSC trawl limits
 between the trawl gear deep-water species complex and the shallow-water
                            species complex.
                       (Values are in metric tons)
------------------------------------------------------------------------
                                                Shallow-   Deep-
                     Season                       water    water   Total
------------------------------------------------------------------------
Jan. 20-Apr. 1                                      450      100     550
Apr. 1-Jun. 10                                      100      300     400
Jun. 10-Jul. 1                                        0        0       0
Jul. 1-Sep. 1                                       200      400     600
Subtotal
Jan. 20-Sep. 30                                     750   ......
Oct. 1-Dec. 31                                  ........  ......     300
Total                                           ........  ......   1,850
------------------------------------------------------------------------
No apportionment between shallow-water and deep-water fishery complexes
  during October 1 through December 31.

Closure

    The GOA trawl shallow-water species fishery started June 10, 2001, 
under the Final 2001 Harvest Specifications and Associated Management 
Measures for the Groundfish Fisheries Off Alaska (66 FR 7276, January 
22, 2001) and adjusted (66 FR 17087, March 29, 2001). Because this 
rulemaking removes the trawl Pacific halibut PSC for the June 10 to 
July 1 season, the Pacific halibut PSC allocation will no longer be 
available for the current shallow water species fishery.
    Consequently, NMFS is prohibiting directed fishing for species 
included in the shallow-water species fishery by vessels using trawl 
gear in the GOA,

[[Page 34854]]

except for vessels fishing for pollock using pelagic trawl gear in 
those portions of the GOA open to directed fishing for pollock, since 
such gear is expected to use little, if any, of the Pacific halibut PSC 
allocation. The species and species groups that comprise the shallow-
water species fishery are: pollock, Pacific cod, shallow-water 
flatfish, flathead sole, Atka mackerel, and other species.'' 
Maximum retainable bycatch amounts may be found in the regulations at 
Sec.  679.20(e) and (f).

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this emergency interim rule is necessary for the 
conservation and management of the groundfish fisheries of the Bering 
Sea and Aleutian Islands (BSAI) and GOA. The Regional Administrator 
also has determined that this rule is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This amendment has been determined to be not significant for 
purposes of Executive Order 12866. This amendment to an emergency 
interim rule contains no reporting, recordkeeping, or compliance 
requirements, and no relevant Federal rules exist that may duplicate, 
overlap, or conflict with this rule.
    This amendment must be implemented immediately to avoid foregone 
catch in the B season GOA trawl gear Pacific cod fishery. By removing 
the halibut PSC available to trawl gear from the June 10 through July 1 
seasonal allowance until subsequent interim rulemaking is implemented 
by mid-July 2001 to establish new fishing seasons for the shallow-water 
species fishery by vessels using trawl gear and other Steller sea lion 
protection measures for the second half of 2001, this amendment will 
accommodate the new Pacific cod season and optimize the harvest of 
Pacific cod. Therefore, NMFS finds that good cause exists to waive the 
requirement to provide prior notice and opportunity for public comment 
pursuant to the authority set forth at 5 U.S.C. 553(b)(3)(B) and 50 CFR 
679.20(b)(3)(iii)(A), as such procedures would be contrary to the 
public interest. Similarly, the need to implement these measures in a 
timely fashion to optimize the harvest of GOA Pacific cod constitutes 
good cause to find that the effective date of this action cannot be 
delayed for 30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the 
effective date is hereby waived.
    Because this emergency interim rule is not subject to the 
requirement to provide notice or an opportunity for comment 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 not applicable. Thus, no 
initial or final regulatory flexibility analysis has been prepared.

    Dated: June 26, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-16574 Filed 6-27-01; 4:09 pm]
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