[Federal Register Volume 66, Number 137 (Tuesday, July 17, 2001)]
[Rules and Regulations]
[Pages 37167-37193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17850]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1168-06; I.D. 011101B]
RIN 0648-A082


Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea 
Lion Protection Measures and 2001 Harvest Specifications and Associated 
Management Measures for the Groundfish Fisheries Off Alaska

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

ACTION: Emergency interim rule; extension and request for comments.

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SUMMARY: NMFS amends and corrects the emergency interim rule that 
implements the 2001 Steller sea lion protection measures and the 2001 
harvest specifications and extends its effectiveness through December 
31, 2001. These amendments include adjustments to open and closed areas 
and seasons for important prey species, exemptions for various gear 
sectors for socio-economic and safety purposes, the establishment of a 
pollock research area in the Chiniak Gully, and various amendments to 
the harvest specifications to implement the North Pacific Fishery 
Management Council's (Council) recommendations. This action is 
necessary to implement Steller sea lion protection measures for the 
remainder of 2001 as recommended by the Council and is intended to 
manage the groundfish fishery in a manner that is consistent with 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), and to provide adequate 
protection to Steller sea lions and their critical habitat, as required 
by the Endangered Species Act and section 209 of the Consolidated 
Appropriations Act of 2001.

DATES: In the final rule published January 22, 2001 at 66 FR 7276 
(corrected March 20, 2001 (66 FR 15656) and July 2, 2001 (66 FR 
34852)), and amended March 29, 2001 (66 FR 17083 and 17087) and June 
13, 2001 (66 FR 31845), certain amendments were made effective January 
18, 2001 through July 17, 2001, and others were made effective June 10, 
2001, through July 17, 2001. This rule extends the effective date for 
those amendments through December 31, 2001, except for: 50 CFR 
679.20(a)(5)(i)(B)(2) and (c)(7); Sec. 679.22(a)(11), (a)(12)(i), 
(a)(12)(ii), (a)(12)(iii)(A), (a)(12)(iv), (a)(12)(v), (a)(13), (b)(3) 
and (b)(5); Sec. 679.23(d)(4); and Table 21 of 50 CFR part 679, which 
expire July 17, 2001. The amendments to 50 CFR 679.20, 679.22, 679.23, 
679.31, and to Tables 21 through 24 to part 679, in this final rule are 
effective July 18, 2001 through December 31, 2001. Comments must be 
received by August 15, 2001.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to 
room 401 of the Federal Building, 709 West 9th Street, Juneau, AK. 
Comments will not be accepted if submitted via e-mail or Internet.
    Copies of the November 30, 2000, Biological Opinion and Incidental 
Take Statement on Authorization of the Bering Sea and Aleutian Islands 
(BSAI) groundfish fisheries based on the Fishery Management Plan for 
the Groundfish Fishery of the BSAI and Authorization of the Gulf of 
Alaska (GOA) groundfish fisheries based on the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (Comprehensive Biological 
Opinion), including the Reasonable and Prudent Alternative (RPA), may 
be obtained from the same address. The Comprehensive Biological Opinion 
is also available on the NMFS Alaska Region home page at http://www.fakr.noaa.gov.
    Copies of the Environmental Assessment/Regulatory Impact Review 
(EA/RIR) for the Extension and Revision of the Emergency Interim Rule 
for 2001 Harvest Specifications for the Alaska Groundfish Fisheries and 
for Steller Sea Lion Protective Fisheries Management Measures may be 
obtained from the same address. The EA/RIR is also available on the 
NMFS Alaska Region home page at http://www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, NMFS, 907-586-7228 or 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone off Alaska under the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
and the Fishery Management Plan for Groundfish of the Gulf of Alaska 
(FMPs). The Council prepared the FMPs under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801, et seq. Regulations governing 
U.S. fisheries and implementing the FMPs appear at 50 CFR parts 600 and 
679. NMFS also has management responsibility for certain threatened and 
endangered species, including Steller sea lions, under the Endangered 
Species Act (ESA), 16 U.S.C. 1531, et seq., and the authority to 
promulgate regulations to enforce provisions of the ESA to protect such 
species.

Introduction

    This preamble consists of two parts. Part I explains the process 
followed for developing and the basis for the amendments to the Steller 
sea lion protection measures. Part II contains amendments to several 
harvest specifications for groundfish harvest for the second half of 
2001.

Part I. Steller Sea Lion Protection Measures

Background

    On January 22, 2001, NMFS published an emergency interim rule, 
effective January 18, 2001, that established 2001 harvest 
specifications for the BSAI and GOA groundfish fisheries and 
implemented 2001 Steller sea lion protection measures for these 
fisheries (66 FR 7276). These protection measures initiated a 1-year 
phase-in of the RPA developed in the Comprehensive Biological Opinion 
(See Addresses) as directed under section 209 of Public Law 106-554. 
NMFS determined that the 2001 protection measures provided a sufficient 
degree of protection to endangered Steller sea lions for 2001 and were 
consistent with the RPA, the ESA, and with section 209 of Public Law 
106-554. Public Law 106-554, which was signed by the President on 
December 21, 2000,

[[Page 37168]]

provides for independent scientific review and additional public and 
Council assessment of the Comprehensive Biological Opinion and the RPA 
prior to full implementation of the RPA in 2002.
    The January 18, 2001, emergency interim rule extended the Steller 
sea lion protection measures that were in place during 2000 for the 
BSAI and GOA pollock fisheries, with several changes. These changes 
included two fishing seasons for GOA Pacific cod and for non-Community 
Development Quota (CDQ) Pacific cod in the BSAI. A complete description 
and justification of the 2001 Steller sea lion protection measures can 
be found in the preamble to the January 18, 2001, emergency interim 
rule (66 FR 7276). A 30-day public comment period on the emergency 
interim rule ended February 21, 2001. One letter of comment was 
received during this period and is summarized and responded to under 
Response to Comments, below.
    On March 20, 2001, NMFS issued a correction to the January 18, 
2001, emergency interim rule that addressed various technical and 
editorial errors (66 FR 15656). Effective March 23, 2001, NMFS amended 
the emergency interim rule to change fishing restrictions on vessels 
fishing for groundfish off Alaska with jig gear and on vessels less 
than 60 ft (18.3 m) length overall (LOA) fishing for BSAI Pacific cod 
with hook-and-line or pot gear (66 FR 17083, March 29, 2001). A 30-day 
public comment period on the amendment ended April 23, 2001. One letter 
of comment was received and also is summarized and responded to under 
Response to Comments. Also effective March 23, 2001, NMFS also amended 
the emergency interim rule to adjust the seasonal apportionment of 
Pacific halibut bycatch limits for the trawl and hook-and-line 
groundfish fisheries of the GOA (66 FR 17087, March 29, 2001). 
Effective June 10, 2001, NMFS amended the rule to prohibit directed 
fishing for Pacific cod in the Western and Central GOA and by vessels 
equal to or greater than 60 ft (18.3 m) LOA using pot or hook-and-line 
gear in the BSAI (66 FR 31845, June 13, 2001). A 30-day public comment 
period on this amendment ended July 9, 2001. No written comments were 
received during the comment period. To reserve halibut PSC bycatch 
amounts to support the delayed Pacific cod season in the GOA, NMFS 
amended the emergency interim rule to prohibit shallow water trawl 
fisheries effective on June 27, 2001 (66 FR 34852, July 2, 2001).
    The RPA measures were independently reviewed by a committee (RPA 
Committee) established by the Council. This RPA Committee developed 
recommendations for Steller sea lion protection measures for the second 
half of the 2001 groundfish fisheries. These recommendations were 
approved by the Council in April 2001 and forwarded to NMFS. By this 
action today, NMFS implements those recommendations.

Specific Elements of the Steller Sea Lion Protection Measures Revisions

    Amendments to the emergency interim rule include: (1) Adjustments 
to the open and closed pollock, Atka mackerel, and Pacific cod directed 
fishing areas in Steller sea lion critical habitat; (2) adjustments to 
specific Pacific cod fishing seasons; (3) exemptions for various 
Pacific cod non-trawl gear vessels from several fishing closure areas; 
(4) establishment of the Chiniak Gully pollock research program; and 
(5) elimination of the pollock harvest limit in the Steller sea lion 
conservation area in the Bering Sea.

Adjustments to Atka Mackerel, Pollock, and Pacific Cod Directed Fishing 
Area Closures

    The RPA Committee recommended directed fishing closures that are 
consistent with the criteria established under the Comprehensive 
Biological Opinion for minimum levels of protection. The criteria for 
protection in the Comprehensive Biological Opinion require protection 
of more than 50 percent of critical habitat, more than 50 percent of 
the areas used by non-pups and more than 75 percent of the area where 
pups are born. The recommended closures by the RPA Committee protect 57 
percent of critical habitat and 80 percent of the areas for pups 
birthing and non-pups use. The RPA Committee recommended closures to 
directed fishing of 10 nautical miles (nm) in the trawl fisheries for 
pollock, Pacific cod, and Atka mackerel. This was different than the 
level of protection provided by the RPA in the Comprehensive Biological 
Opinion, under which many rookery and haulout sites were closed to all 
directed fishing for pollock, Pacific cod, and Atka mackerel out to 20 
nm. The reason for the difference in protected areas is based on the 
results of analyses of recent telemetry data and the importance of 
certain areas to commercial fishing. Previous data indicated that 
maximum foraging distances from the point of tagging ranged between 20 
to 60 nm. While this still remains valid for some individuals, the more 
recent telemetry data show that Steller sea lions spend a significant 
amount of their time at sea within 10 nm of the shoreline. Tagged 
animals ranged in a line that was parallel to and within 10 nm of the 
shoreline. Therefore, even though the telemetry data indicated that an 
animal may travel a great distance during a foraging trip, most of that 
movement is parallel to the shoreline and not perpendicular to it.
    The RPA Committee recommended that the 3 nm no-entry zones 
established around selected rookeries under the authority of the ESA 
remain in effect. The RPA Committee also recommended that major 
rookeries and haulouts be closed to directed fishing for pollock, 
Pacific cod, and Atka mackerel out to 10 nm in all three fishery 
areas--the Gulf of Alaska, the Aleutian Islands, and the Eastern Bering 
Sea--and that rookeries that had experienced an annual decline in 
Steller sea lion population of 10 percent or greater since 1991 be 
closed out to 20 nm. Exceptions were recommended in some areas for non-
trawl gear.
    Some allowance is provided for fishing outside of 3 nm, but within 
10 nm by pot and hook-and-line vessels equal to or greater than 60 ft 
(18.3 m) LOA, given the slower rate of harvest by these vessels, the 
limited amount of groundfish harvested by these vessels during the 
remainder of 2001, and commensurate reduction of concerns about 
competition with Steller sea lions during this time period. Based on 
this information, NMFS believes that the protection of rookeries and 
haulouts out to 10 nm adequately protects a significant portion of the 
Steller sea lion population.

Adjustments to the Pacific Cod Fishing Seasons

    The January 18, 2001, emergency interim rule established two 
fishing seasons for the BSAI and GOA Pacific cod fisheries, January 1 
to June 10 (with 60 percent of the TAC available for harvest) and June 
10 to December 31 (with 40 percent of the TAC available for harvest), 
except that directed fishing for Pacific cod with trawl gear was 
prohibited after November 1, 2001. The emergency interim rule effective 
March 23, 2001, removed the season restrictions for the BSAI jig gear 
fisheries and BSAI vessels less than 60 ft (18.3 m) LOA using pot or 
hook-and-line gear. Separate allocations of the BSAI Pacific cod TAC 
for these two groups of vessels at Sec. 679.20(a)(7)(i)(C) facilitated 
separate seasonal fishing restrictions. Justification for this relief 
of seasonal harvest constraints was discussed in the preamble to the 
emergency interim rule (66 FR 17083, March 29, 2001).

[[Page 37169]]

    In April, the Council recommended delaying the June 10 opening date 
of the GOA Pacific cod fishery and the BSAI Pacific cod fishery by 
vessels greater than 60 ft (18.3 m) LOA using pot or hook-and-line 
gear. The Council's recommendation was based on the following 
management considerations: Poor product recovery and quality in summer 
months; competition with summer salmon fisheries for processing 
facilities; potential gear conflicts between pot and trawl gear fleets; 
and coordination between BSAI Pacific cod fisheries within the CDQ and 
non-CDQ sectors. The Council's recommended season delays also would 
address salmon and Pacific halibut bycatch concerns and are intended to 
manage the Pacific cod fisheries in a manner consistent with the 
objectives of 2001 Steller sea lion protection measures to avoid 
localized depletion of Pacific cod.
    Specifically, the Council recommended, and NMFS approves, except 
for the Eastern GOA, the second season opening date for the Gulf of 
Alaska Pacific cod fisheries be delayed from June 10 to September 1. In 
the preamble to the emergency interim rule amendment effective June 10, 
2001 (66 FR 31845, June 13, 2001), all of the GOA was intended to be 
closed to directed fishing for Pacific cod until the emergency interim 
rule extension took place in July. Due to a technical error, the 
regulatory text closed only the Western and Central areas of the GOA. 
As of June 28, 2001, only 3 percent of the annual TAC for the Eastern 
GOA has been harvested. Five Steller sea lion sites are located in the 
Eastern GOA. By this action today, each of these sites is protected by 
a 20 nm no Pacific cod fishing zone. Because the Eastern GOA area is 
not likely to harvest much of the TAC apportioned and because Steller 
sea lion sites within the Eastern GOA are now protected by 20 nm no 
Pacific cod fishing zones, NMFS has determined that the season delay is 
necessary only for the Western and Central GOA. Except for an 
allocation between inshore and offshore sectors under 
Sec. 679.20(a)(6)(iii), the GOA Pacific cod TAC is not allocated among 
different gear sectors. Therefore, separate treatment of vessels using 
jig, pot, hook-and-line, or trawl gear is not feasible and the season 
delay affects vessels using any gear type.
    Also, the Council recommended a delay of the second season opening 
date of the BSAI hook-and-line vessels equal to or greater than 60 ft 
(18.3 m) LOA in the fisheries for Pacific cod from June 10 until August 
15. In taking this action, the Council recognized that NMFS already has 
implemented the 2001 seasonal apportionment of the non-trawl Pacific 
halibut bycatch limit in a manner that currently delays the BSAI hook-
and-line Pacific cod fisheries to August 1. The additional delay from 
August 1 to August 15 was adopted by the Council to maintain temporal 
distribution of the fishery consistent with the objectives of existing 
Steller sea lion protection measures and to minimize high halibut 
bycatch rates during summer months. The delay also reduces the 
potential for interaction of the hook-and-line gear fisheries with the 
endangered short-tailed albatross and other seabird species during 
summer months.
    The Council recommended a June 10 to September 1 delay in the 
second season opening date for the BSAI Pacific cod pot gear fishery by 
vessels equal to or greater than 60 ft (18.3 m) LOA. This action was 
taken because the amount of BSAI Pacific cod that remains to be 
harvested by these vessels in the second season represents less than 2 
percent of the BSAI Pacific cod TAC. The Council also recognized that 
harvest removals by this gear type are slow paced and are unlikely to 
affect Steller sea lions in a manner not already considered by NMFS.
    The Pacific cod seasons recommended by the Council and approved by 
NMFS impose no seasonal harvest constraints for vessels fishing in the 
BSAI using jig gear, for vessels less than 60 ft (18.3 m) LOA using pot 
or hook-and-line gear, or for vessels participating in the CDQ 
fisheries. The start dates for the second season in 2001 for Pacific 
cod sectors are summarized in the following table:

------------------------------------------------------------------------
                                 Second season opening date of directed
                                         fishing for Pacific cod
  Pacific cod fishery sector*  -----------------------------------------
                                   June 10      August 15    September 1
------------------------------------------------------------------------
Western and Central Gulf of
 Alaska:
    All gear types............  ............  ............             X
Bering Sea and Aleutian
 Islands:
    All trawl.................             X  ............  ............
Bering Sea and Aleutian
 Islands:
    Pot vessels  60  ............  ............             X
     ft LOA...................
Bering Sea and Aleutian
 Islands:
    Vessels  60 ft   ............             X  ............
     LOA using hook-and-line
     gear.....................
------------------------------------------------------------------------
* Seasonal harvest constraints are not established for BSAI vessels
  using jig gear, BSAI vessels less than 60 feet LOA using pot or hook-
  and-line gear, or for vessels participating in the CDQ fisheries.

    The June 10 second season opening date for BSAI Pacific cod 
harvested by trawl vessels remained unchanged to maintain overall 
spatial and temporal distribution of the BSAI Pacific cod fisheries. 
Potential bycatch concerns ensuing from a summer trawl effort for 
Pacific cod was assumed by the Council to be self limiting due to low 
summer catch rates and the fleets' avoidance of high Pacific halibut 
bycatch rates that could preempt more lucrative fall fishing. Salmon 
bycatch in the non-pollock trawl fisheries typically has not posed a 
concern given that summer trawl fisheries are limited due to halibut 
bycatch concerns and restrictions. These fisheries also tend to operate 
on fishing grounds that avoid high bycatch rates of salmon.
    Pacific cod fishing prohibitions were effective by June 10, 2001, 
to meet the intent of the Council for adjustments to the second season 
start dates and to avoid industry confusion and a race for the 
available Pacific cod TAC. NMFS prohibited fishing for Pacific cod by 
specified vessels consistent with the Council's recommendation by an 
amendment to the January 18, 2001, emergency interim rule published on 
June 13, 2001 (66 FR 31845). The closures resulting from the fishing 
prohibitions are in effect until the new season dates established by 
this amendment to the emergency interim rule take effect.

[[Page 37170]]

Exemptions for Selected Non-trawl Gear Pacific Cod Vessels From Steller 
Sea Lion Protective Measures Fishing Closures

    The Council recommended exemptions for selected non-trawl gear 
vessels fisheries closures in the GOA designed to protect Steller sea 
lions. These exemptions are in addition to those already implemented by 
NMFS. On March 23, 2001, NMFS amended the emergency interim rule to 
relieve fishing restrictions on vessels fishing for groundfish off 
Alaska with jig gear and on vessels less than 60 ft (18.3 m) LOA 
fishing for BSAI groundfish with hook-and-line or pot gear (66 FR 
17083, March 29, 2001). Vessels under the March 23, 2001, exemption are 
permitted to fish to the shore around haulouts and beyond 3 nm around 
rookeries in areas closed to groundfish, pollock, Atka mackerel, and 
Pacific cod fishing. The Council's recommendation expands the areas 
opened and the types of vessels exempted. Areas specified in the 
Council's recommendation are identified by specific locations in Tables 
21, 22, and 23 of 50 CFR part 679 and in Sec. 679.22. Exemptions 
include:
    1. In Area 8 of the Bering Sea, all pot vessels may operate within 
3 nm to 10 nm or 20 nm Pacific cod fishing closures around rookeries 
and haulouts.
    2. In Areas 5 and 6 of the GOA, non-trawl gear vessels less than 60 
ft (18.3 m) LOA may operate Pacific cod and pollock fisheries within 3 
nm to 10 nm around haulouts and rookeries.
    3. In Area 2 of the GOA, non-trawl gear vessels less than 60 ft 
(18.3 m) LOA may operate Pacific cod and pollock fisheries within 3 nm 
to 20 nm around haulouts.
    Based on the continuation of 3 nm no groundfish fishing zones under 
the exemption specified above, these exemptions will not locally 
deplete important prey species and thus will not detrimentally impact 
Steller sea lions.

The Chiniak Gully Pollock Research Program

    The Council endorsed a research project proposed by NMFS in the 
Chiniak Gully off Kodiak Island to determine the effect of pollock 
fisheries on short term changes in the pollock school dynamics, and if 
the pollock fisheries cause localized depletion of Steller sea lion 
prey off the east side of Kodiak Island. The experiment will include 
the closure of Chiniak Gully to trawl fishing from August 1 to no later 
than September 20. The 20 nm Pacific cod and pollock fishing closure in 
the Chiniak Gully area around Cape Chiniak and Long Island haulouts 
will be reduced to 10 nm closures from October 1 through December 31. A 
more detailed description of the experiment is provided in the draft 
environmental assessment/regulatory impact review/final regulatory 
flexibility analysis for the proposed rule to implement a seasonal 
closure of a portion of the Central Regulatory Area, GOA, to vessels 
using trawl gear (65 FR 41044, July 3, 2000). For copies of these 
documents, please contact NMFS (see ADDRESSES). Amendments are made to 
the emergency interim rule (66 FR 7276) to implement this experiment 
including trawl closures necessary to conduct the experiment.

Elimination of the Steller Sea Lion Conservation Area (SCA) Pollock 
Harvest Limit

    The Council recommended the elimination of the pollock harvest 
limit for the SCA for the second half of 2001. The January 18, 2001, 
emergency interim rule established a harvest limit for pollock in the 
SCA based upon the level of harvest established for the 2000 fishing 
season. This was done to ensure adequate prey resources were available 
for Steller sea lions. Additional information may be found in the 
January 18, 2001, emergency interim rule (66 FR 7276, January 22, 
2001). The Council based its recommendations on the following:
    1. Steller sea lion population growth. Non-pup counts of Steller 
sea lions in the areas of the Bering Sea where the pollock and Pacific 
cod fisheries occur have experienced the least decline or increase. 
Steller sea lion abundance near Unimak Island and to the east, 
including the rookery on Amak Island, are increasing at a 3-percent 
annual rate. Steller sea lion abundance on rookeries near Dutch Harbor 
are increasing at a 7-percent annual rate, the fastest increase of any 
group within the western population. However, NMFS notes that when 
looking at the eastern Aleutian Islands subpopulation of Steller sea 
lions, which includes animals from the Dutch Harbor area, Unimak 
Island, Amak Island, and waters on the south side of the Aleutian 
Island from these areas, the overall trend is a population decline of 
1.75 percent.
    2. Steller sea lion diet. Recent scat analysis indicates that sea 
lion diet may be more variable in the summer and early fall than 
previously thought. Primary prey for sea lions on Amak Island is highly 
varied and dependent on spawning aggregations. The top three species 
appearing in scat samples in the summer were herring, pollock, and sand 
lance. Scats collected from Amak Island were found to include a dozen 
fish species that occurred in more than 10 percent of the scats. For 
the rookeries and haulouts from Unimak and west to Dutch Harbor, the 
top summer prey were salmon, pollock, herring, and some Atka mackerel. 
Although pollock is one of the primary prey species from Unimak west to 
Dutch Harbor, the sea lions in these areas eat many different species, 
particularly in the summer. The frequency of occurrence of Pacific cod 
in Steller sea lion scat is less in the summer than in the winter, 
approximately 28 percent in the winter and 7 percent in the summer.
    3. Steller sea lion foraging distance. Telemetry data indicate that 
the great majority of at-sea locations for the lactating females, 
juveniles, and pups that were tagged were very close to shore, with 60-
to-75 percent occurrences within 2 miles of the shore and 85-to-92 
percent occurrences within 10 miles of the shore. Although the data 
cannot specify whether the animals were foraging, the extremely high 
percentage of ``hits'' so close to shore must include most foraging 
trips.
    4. Summer/fall Pacific cod fishery. The Pacific cod fishery by all 
gear groups is significantly dispersed in the summer and fall because 
of the dispersion of the Pacific cod. During the period 1995 through 
1999, when no critical habitat restrictions on Pacific cod were in 
place, hook-and-line catch of Pacific cod occurred in significant 
amounts northwest of the Pribilof Islands and north of the SCA. Pacific 
cod fishing by trawl gear occurred both inside and outside the SCA, but 
the summer trawl fishery is small because of the low catch per unit of 
effort.
    5. Catcher Vessel Operational Area (CVOA) exclusion. Current 
closure regulations prohibit pollock fishing during the ``B season'' 
inside the CVOA by the catcher/processor offshore component, which has 
40 percent of the pollock TAC. Section 679.22(a)(5) of 50 CFR is 
amended with this action to ensure continued closure in the CVOA to 
pollock catcher processor vessels during the C/D season, June 10 
through November 1. This closure reduces the amount of fishing effort 
in a large portion of the SCA.
    6. Reduction of the inshore pollock trawl fleet. The American 
Fisheries Act (AFA) authorized the Bering Sea pollock trawlers to 
organize into cooperatives. This allowed the sector to decapitalize, 
which resulted in a 24-percent reduction in the number of boats in the 
inshore pollock fleet. Consequently, the amount of fishing effort on 
pollock at any one time has been reduced in the last 2 years.

[[Page 37171]]

    7. Vessel safety. Although summer weather in the Bering Sea is 
certainly less threatening than winter weather, smaller boats are at 
risk when they must travel far from land and far from processing 
facilities. The SCA boundaries and harvest limits would require vessels 
to travel more than 60 miles offshore and even further from their 
processing facilities to fully utilize available resources. The 
Magnuson-Stevens Act requires NMFS to consider safety in fishery 
management decisions (national standard 10).
    8. Product quality and cost. Pollock quality varies considerably by 
location and an exclusion from the SCA often results in poor quality 
because of fishing location and long trips back to processing 
facilities. In addition, costs increase significantly, particularly 
with the current high cost of fuel. The Magnuson-Stevens Act requires 
that efficiency and cost minimization be goals in fisheries management 
(national standards 5 and 7).
    9. Salmon bycatch. Concerns over poor chum salmon returns in 
Western Alaska have put serious pressure on the pollock trawl fleet to 
reduce chum salmon bycatch. For the 2001 season, the AFA cooperatives 
have established a salmon savings plan to address salmon bycatch. If 
pollock trawling is largely excluded from the SCA, salmon bycatch will 
be higher than if the fleet has more flexibility to move away from 
bycatch hotspots. The Magnuson-Stevens Act requires fishery management 
measures to minimize or avoid bycatch (national standard 9).
    10. Limited period of applicability. The second half of a year is 
not considered as critical to Steller sea lions as the first half of 
the year. The Council's recommendations are for the second half of 2001 
only.
    11. Availability of new information. Extended foraging areas were 
originally established in 1993 based on the platform of opportunity 
data (POP data), on the theory that indirect competition could exist 
with the fisheries. Yet, with Steller sea lion populations currently at 
a low level, and pollock populations at a near record high, 8 to 15 
times more pollock are available per Steller sea lion today than in 
1993. Further, new telemetry information suggests that sea lions spend 
very little time beyond 10 nm during this time of the year.
    NMFS approves the elimination of the SCA limit for the second half 
of 2001 because the action is for a short duration, prey resources are 
likely to be available because of the increase in pollock biomass over 
2000, and the telemetry data indicate that foraging may be occurring 
closer to shore than thought when the SCA was established so that a 
large foraging area may not be necessary for prey availability.
    In summary, for the reasons set forth above, NMFS approves all the 
Council's recommendations and implements them by this action. It should 
be noted that (1) these measures are limited to the second half of 
2001; (2) a large increase in 2001 pollock biomass has occurred without 
the equivalent large increase in total allowable catch (TAC) over 2000 
levels, making prey more likely to be available to Steller sea lions; 
(3) the protection measures are in the process of being reassessed 
through NEPA and ESA analyses; and (4) the recommended protection 
measures met the Comprehensive Biological Opinion criteria for closure 
areas by meeting or exceeding minimum requirements for protection of 
critical habitat, protection of the non-pup population, and protection 
of areas where pups are born.

Part II. Specifications

    This emergency interim rule extends the 2001 harvest specifications 
through December 31, 2001, including corrections and amendments made to 
the January 18, 2001, emergency interim rule (66 FR 7276, January 22, 
2001; 66 FR 15656, March 20, 2001; 66 FR 17083, March 29, 2001; 66 FR 
17087, March 29, 2001), recommendations made by the Council at its 
April 2001 meeting for pollock and Pacific cod season dates for the 
remainder of 2001, recommendations made by the Council at its June 2001 
meeting for CDQ non-specified reserve allocations and halibut PSC 
seasonal allocations, and further corrects some errors found in the 
January 18, 2001, emergency interim rule specifications not previously 
corrected. A detailed discussion on the 2001 harvest specifications 
appears in the preamble to the January 18, 2001, emergency interim rule 
and in the preambles to the corrections and amendments to the January 
18, 2001, emergency interim rule (66 FR 7276, January 22, 2001; 66 FR 
15656, March 20, 2001; 66 FR 17083, March 29, 2001; 66 FR 17087, March 
29, 2001; 66 FR 31845, June 13, 2001; and 66 FR 34852, July 2, 2001, 
halibut PSC reapportionment and shallow water trawl closure). The 
discussion in this preamble is limited to the amendments contained in 
this emergency interim rule.
    The amendments included in this action are: (1) A technical 
correction for AFA sectoral allocations in the BSAI fisheries; (2) 
elimination of the SCA pollock harvest limits; (3) changes to Pacific 
cod seasons; (4) corrections to AFA inshore cooperative allocations; 
(5) corrections to the non-exempt AFA catcher vessel groundfish harvest 
specifications; (6) an increase in the contribution of arrowtooth 
flounder to the CDQ non-specific reserve; and (7) reallocation of GOA 
halibut PSC apportionment in the shallow water trawl fishery to account 
for the Pacific cod season changes. The following is a discussion of 
each amendment to the 2001 harvest specifications included in this 
emergency interim rule.

Bering Sea and Aleutian Islands

AFA Sectoral Allocations

    Section 679.20(a)(5)(i)(C) contains the sectoral allocations for 
AFA vessels in the BSAI. This section expired January 16, 2001, and was 
inadvertently left out of the January 18, 2001, AFA emergency interim 
rule (66 FR 7327, January 22, 2001), and the January 18, 2001, 2001 
harvest specifications and Steller sea lion protection measures 
emergency interim rule (66 FR 7276, January 22, 2001). This section is 
added to the regulations and appears in the regulatory text under the 
same section number. No changes were made to the language.

Elimination of SCA Harvest Limits

    As explained in Part I of the preamble, in April 2001 the Council 
recommended that the SCA pollock harvest limits be eliminated for the 
C/D fishing season. Table 5 is amended and published to show the 
allocations of the pollock TAC for the C/D season without SCA harvest 
limits. Offshore components of catcher/processors continue to be 
prohibited from fishing in the CVOA within the SCA per 
Sec. 679.22(a)(5), which is amended by this emergency interim rule.

[[Page 37172]]



   Table 5.--Allocations of the Pollock TAC and Directed Fishing Allowance to the Inshore, Catcher/Processor,
                                       Mothership, and CDQ Components \1\
                                        [All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                            A/B Season \1\            C/D Season
                                                                 ------------------------------------     \1\
                  Area and Sector                     2001 DFA                   A SCA       B SCA   -----------
                                                                    A/B DFA    limit \2\   limit \2\    C/D DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea................................     1,400,000     560,000     166,751      55,497     840,000
    CDQ...........................................       140,000      56,000      28,247       9,339      84,000
    ICA \3\.......................................        50,400  ..........  ..........  ..........  ..........
AFA Inshore.......................................       604,800     241,920      81,802      27,267     362,880
AFA C/Ps \4\......................................       483,840     193,536      38,564      12,854     290,304
    Catch by C/Ps.................................       442,714     177,085  ..........  ..........     265,628
    Catch by CVs \4\..............................        41,126      16,451  ..........  ..........      24,676
    Restricted C/P cap \5\........................         2,419         968  ..........  ..........       1,452
AFA Motherships...................................       120,960      48,384      14,607       4,869      72,576
Excessive shares cap \6\..........................       211,680  ..........  ..........  ..........  ..........
Aleutian Islands:
    ICA \7\.......................................         2,000
Bogoslof District:
    ICA \7\.......................................        1,000
----------------------------------------------------------------------------------------------------------------
\1\ After subtraction for the CDQ reserve and the incidental catch allowance, the pollock TAC is allocated as
  follows: inshore component--50 percent, catcher/processor component--40 percent, and mothership component--10
  percent. Under paragraph 206(a) of the AFA, the CDQ reserve for pollock is 10 percent. NMFS, under regulations
  at Sec.  679.24(b)(4), prohibits nonpelagic trawl gear to engage in directed fishing for non-CDQ pollock in
  the BSAI. The A/B season, January 20-June 10, is allocated 40 percent and the C/D season, June 10-October 31
  is allocated 60 percent.
\2\ The SCA limits are established as the amount, in metric tons, authorized for the 2000 pollock fishery (65 FR
  3896, January 25, 2000).
\3\ The pollock incidental catch allowance for the BS subarea is 4 percent of the TAC after subtraction of the
  CDQ reserve.
\4\ Subsection 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance
  allocated to listed catcher/processors (C/Ps) shall be available for harvest only by eligible catcher vessels
  (CVs) delivering to listed catcher/processors.
\5\ The AFA requires that vessels described in section 208(e)(21) be prohibited from exceeding a harvest amount
  of one-half of one percent of the directed fishing allowance allocated to vessels for processing by AFA
  catcher/processors.
\6\ Paragraph 210(e)(1) of the AFA specifies that ``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.''
\7\ Consistent with the RPAs, the Aleutian Islands subarea and the Bogoslof District are closed to directed
  fishing for pollock. The amounts specified are for incidental catch amounts only, and are not apportioned by
  season or sector.

    Under Sec. 679.20(a)(5)(i)(C), NMFS must subdivide the inshore 
pollock allocation into allocations for cooperatives and vessels not 
fishing in a cooperative (i.e., the open access sector). Accordingly, 
Table 11 lists the apportionment of the BS subarea inshore pollock 
allocation into allocations for vessels fishing in a cooperative and 
for vessels not participating in a cooperative. Table 11, as published 
January 22, 2001, emergency interim rule was corrected by NMFS (66 FR 
15656, March 20, 2001). The March amendment had an incorrect value of 
3,192 mt for the A season inside the SCA open access sector. The 
correct value is 319 mt. Table 11 is amended and published here without 
the SCA limits for the C and D seasons and with the correct value for 
the open access A season inside the SCA.

   Table 11.--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
                                                                  A/B season  inside SCA   B season   C/D season
                                                                      TAC         \1\     inside SCA      TAC
----------------------------------------------------------------------------------------------------------------
Cooperative sector:
    Vessels > 99 ft.............................................         n/a      65,036         n/a         n/a
    Vessels  99 ft...................................         n/a      16,447         n/a         n/a
                                                                 -----------------------------------------------
        Total...................................................     241,184      81,483      27,161     361,772
Open access sector..............................................         736         319         106       1,105
                                                                 -----------------------------------------------
    Total inshore...............................................     241,920      81,802      27,267    362,880
----------------------------------------------------------------------------------------------------------------
\1\ Steller sea lion conservation area established at Sec.  679.22(a)(11)(iv) until July 18, 2001.
 \2\ Reserved.

Pacific Cod Seasons

    Effective June 10, 2001, NMFS prohibited directed fishing for 
Pacific cod in the GOA and by vessels equal to or greater than 60 ft 
(18.3 m) LOA using hook-and-line or pot gear in the BSAI (66 FR 31845, 
June 13, 2001). This action was necessary to prohibit certain Pacific 
cod fisheries, which had been authorized to start on June 10, 2001, and 
was intended to provide for orderly implementation of Steller sea lion 
protection measures for the second half of 2001. The text of this 
emergency interim rule incorporates Council recommendations in the 
January 18 emergency interim rule preamble and republishes Table 7 for 
the opening date of the Pacific cod B season by vessels using trawl 
gear and non-trawl gear.

[[Page 37173]]

Table 7 also lists the 2001 gear shares and seasonal apportionments of 
the BSAI Pacific cod TAC. Under Sec. 679.23(e)(6)(ii)(B), directed 
fishing for Pacific cod in the B season in the BSAI by vessels using 
trawl gear closes 0001 hours, A.l.t., November 1, 2001. As recommended 
by the Council in April 2001 and as discussed in Part I of the 
preamble, the beginning dates for the B season for vessels equal to or 
greater than 60 ft (18.3 m) LOA using hook-and-line gear is August 15, 
2001, and for vessels equal to or greater than 60 ft (18.3 m) LOA using 
pot gear is September 1, 2001.

               Table 7.--2001 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC
----------------------------------------------------------------------------------------------------------------
                                                                       Share of     Seasonal apportionment \2\
                                                           Subtotal     gear-   --------------------------------
           Gear sector              Percent   Share \1\  percentages    sector
                                                 (mt)      for gear     total            Date            Amount
                                                           sectors       (mt)                             (mt)
----------------------------------------------------------------------------------------------------------------
Total hook-and-line and pot gear          51     88,689  ...........  .........  ....................  .........
 allocation of Pacific cod TAC.
Incidental Catch Allowance.......  .........  .........  ...........        500  ....................  .........
Processor and Vessel sub-Total...  .........  .........  ...........     88,189  ....................  .........
Hook-and-line Catcher............  .........  .........          80      70,551  Jan 1-Jun 10........     42,331
    Processors ( 60 ft  .........  .........          80      70,551  Aug 15-Dec 31.......     28,220
     LOA).
Hook-and-Line Catcher............  .........  .........         0.3         265  Jan 1-Jun 10........        159
    Vessels (60 ft      .........  .........  ...........  .........  Aug 15-Dec 31.......        106
     LOA).
Pot Gear Vessels.................  .........  .........        18.3      16,139  Jan 1-Jun 10........      9,683
    (60 ft LOA).......  .........  .........  ...........  .........   Sept 1-Dec 31......      6,455
Catcher Vessels  60 feet (18.3 m)  .........  .........         1.4       1,235  no seasonal           .........
 LOA using Hook-and-line or Pot                                                   apportionment.
 gear.
    Trawl gear Total.............         47     81,733  ...........  .........  ....................  .........
Trawl Catcher Vessel.............  .........  .........          50      40,867  Jan 1-Jun 10........     24,520
                                   .........  .........  ...........  .........  Jun 10-Nov 1........     16,347
Trawl Catcher Processor..........  .........  .........          50      40,867  Jan 1-Jun 10........     24,520
                                   .........  .........  ...........  .........  Jun 10-Nov 1........     16,347
Jig..............................          2      3,478  ...........  .........  ....................  .........
                                  ------------------------------------------------------------------------------
    Total........................  .........  .........  ...........    173,900  ....................  .........
----------------------------------------------------------------------------------------------------------------
\1\ The reserve has been released for Pacific cod see (Table 4).
\2\ The first season is allocated 60 percent of the TAC and the second season is allocated 40 percent of the
  TAC. Any unused portion of the first seasonal Pacific cod allowance will be reapportioned to the second
  seasonal allowance.

    The Council also recommended that the harvest by vessels less than 
60 ft (18.3 m) LOA using pot gear be applied to the 18.3 percent 
harvest share of the vessels equal to or greater than 60 ft (18.3 m) 
LOA using pot gear only when directed fishing by vessels equal to or 
greater than 60 ft (18.3 m) LOA using pot gear is open. When Pacific 
cod directed fishing by vessels equal to or greater than 60 ft (18.3 m) 
LOA using pot gear is closed, the harvest by vessels less than 60 ft 
(18.3 m) LOA using pot gear will be applied to the 1.4 percent Pacific 
cod allocation for this vessel size. This recommendation is implemented 
by amending the regulatory text in Sec. 679.20(a)(7)(i)(C)(4). This 
amendment will provide the larger pot vessels more opportunity to 
harvest the amount of Pacific cod allocated to them under the 2001 
harvest specifications.

AFA Inshore Cooperative Allocations

    Table 12 of the January 18, 2001, emergency interim rule preamble 
lists the pollock allocations to the seven inshore catcher vessel 
pollock cooperatives that have been approved and permitted by NMFS for 
the 2001 fishing year. These allocations are revised based on 
corrections to AFA vessels' catch history and Table 12 is amended and 
published as follows.

      Table 12.--Bering Sea Subarea Inshore Cooperative Allocations
------------------------------------------------------------------------
                                       Sum of
                                       member     Percentage
    Cooperative name and member       vessel's    of inshore  Annual co-
              vessels                 official      sector        op
                                        catch     allocation  allocation
                                      histories       (%)
-----------------------------------------\1\----------------------------
Akutan Catcher Vessel Association:
Aldebaran, Arcturus, Blue Fox,          249,800       28.682     173,466
 Cape Kiwanda, Columbia,
 Dominator, Dona Martita, Exodus,
 Gladiator, Golden Dawn, Golden
 Pisces, Hazel Lorraine, Intrepid
 Explorer, Leslie Lee, Lisa
 Melinda, Majesty, Marcy J,
 Margaret Lyn, Nordic Explorer,
 Northern Patriot, Northwest
 Explorer, Pacific Ram, Pacific
 Viking, Pegasus, Peggie Jo,
 Perseverance, Predator, Raven,
 Royal American, Seeker,
 Sovereignty, Traveler, Viking
 Explorer.........................
Arctic Enterprise Association:
Arctic Explorer, Bristol Explorer,       51,022        5.858      35,431
 Ocean Explorer, Pacific Explorer.
Northern Victor Fleet Cooperative:
Anita J, Nordic Fury, Pacific            72,517        8.326      50,358
 Fury, Goldrush, Excalibur II,
 Half Moon Bay, Sunset Bay,
 Commodore, Storm Petrel,
 Poseidon, Royal Atlantic, Miss
 Berdie...........................

[[Page 37174]]

 
Peter Pan Fleet Cooperative:
Amber Dawn, American Beauty,             15,347        1.762      10,657
 Elizabeth F, Morning Star,
 Oceanic, Ocean Leader, Topaz,
 Walter N, Providian..............
Unalaska Cooperative:
Alaska Rose, Bering Rose,               106,737       12.255      74,121
 Destination, Great Pacific,
 Messiah, Morning Star, Ms Amy,
 Progress, Sea Wolf, Vanguard,
 Western Dawn.....................
UniSea Fleet Cooperative:
Alsea, American Eagle, Argosy,          212,608       24.411     147,640
 Auriga, Aurora, Defender, Gun-
 Mar, Nordic Star, Pacific
 Monarch, Seadawn, Starfish,
 Starlite, Starward...............
Westward Fleet Cooperative:
A.J., Alaskan Command, Alyeska,         160,257       18.400     111,286
 Arctic Wind, Caitlin Ann, Chelsea
 K, Hickory Wind, Fierce
 Allegiance, Ocean Hope 3, Pacific
 Challenger, Pacific Knight,
 Pacific Prince, Viking, Westward
 I................................
Open access AFA vessels...........        2,652        0.304       1,841
                                   -------------------------------------
    Total inshore allocation......      870,941          100    604,800
------------------------------------------------------------------------
\1\ Under Sec.  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.
\2\ Reserved.

Increase the Contribution of Arrowtooth Flounder CDQ to the CDQ Non-
specific Reserve

    Regulations at Sec. 679.31(f) establish the CDQ non-specific 
reserve, comprised of 15 percent of the CDQ reserves of arrowtooth 
flounder and ``other species'' (skates, sharks, sculpin, and octopus). 
These species are taken incidentally in the CDQ fisheries. A CDQ group 
may request that NMFS transfer amounts in the CDQ non-specific reserve 
back into either its arrowtooth flounder or ``other species'' CDQ 
categories to reduce the possibility that the catch of these species 
would limit overall CDQ catch. Species or species groups that comprise 
the CDQ non-specific reserve are low-valued species for which no target 
fishery currently exists. These species have an adequate buffer between 
the TAC and the overfishing limit (OFL).
    During the 2001 harvest specification process for the BSAI 
fisheries, the Bering Sea pollock TAC was set at 1,400,000 mt, based on 
increases to the 2001 pollock ABC and OFL. This is a 23-percent 
increase over the 2000 pollock TAC of 1,139,000 mt. The total BSAI TAC 
for all groundfish must be maintained within a required optimum yield 
range of 1.4 million to 2.0 million mt. In order to stay within the 2.0 
million mt limit, the Council chose to decrease the arrowtooth flounder 
TAC to approximately 20 percent of the arrowtooth flounder ABC. This 
meant that the amount of the arrowtooth flounder CDQ reserve and the 
subsequent contribution of this amount to the CDQ non-specified reserve 
was proportionately decreased for 2001.
    During the first 3 years of the groundfish CDQ fisheries, the non-
specific reserve contained sufficient amounts of quota to support the 
bycatch needs in the ``other species'' CDQ category. Arrowtooth 
flounder was the largest contributor to the non-specific reserve in 
1999 and 2000, the first complete years of groundfish CDQ fishing. For 
these years, the arrowtooth flounder TAC was set at or close to the 
acceptable biological catch (ABC) level. However, in 2001, the 
arrowtooth flounder TAC was set significantly less than the arrowtooth 
flounder ABC.
    At the April 2001 Council meeting, CDQ representatives testified 
about their concern that vessels fishing for the groups were going to 
catch the ``other species'' CDQ allocation before they fully harvested 
target species such as pollock, Pacific cod, sablefish, and Greenland 
turbot. One of the primary reasons they cited for the shortfall in 
``other species'' CDQ was the reduction in the 2001 arrowtooth flounder 
TAC. The concern about the effect of reducing the arrowtooth flounder 
TAC on the CDQ fishery was not recognized at the time the Council 
recommended the 2001 TACs in December 2000. NMFS regulations limit the 
amount of ``other species'' CDQ available to each CDQ group and 
prohibit the groups from exceeding their allocations.
    In response to the groups' testimony, the Council asked staff to 
prepare an analysis of alternatives to address whether the catch of 
target species in the CDQ fisheries are constrained by the ``other 
species'' CDQ allocation and options to address this issue. Initial 
review of this analysis is scheduled for the October 2001 meeting and 
final action at the December 2001 meeting. The Council also stated that 
the CDQ non-specific reserve was ``intended, in part, to provide 
adequate `other species' quota to allow reasonable CDQ fisheries.'' At 
its June 2001 meeting, the Council requested that NMFS adjust the 
contribution of arrowtooth flounder CDQ to the CDQ non-specific reserve 
from 15 percent to 50 percent via emergency rulemaking.
    In response to the Council's request, NMFS is amending the CDQ non-
specific reserve to increase the contribution of arrowtooth flounder to 
the CDQ non-specific reserve from 15 percent of the arrowtooth flounder 
CDQ reserve to 50 percent of the arrowtooth flounder CDQ reserve for 
the remainder of 2001. This increase will allow the CDQ groups to 
transfer quota from the CDQ non-specific reserve to the ``other 
species'' CDQ account to reduce the possibility that the incidental 
catch of ``other species'' would prevent the CDQ groups from fully 
harvesting their target species allocations.
    The maximum amount of ``other species'' available for harvest in 
the combined CDQ and non-CDQ fisheries is the aggregate amount of the 
following components: The open access ITAC (22,525 mt), the CDQ reserve 
(1,988 mt), and the current amount of arrowtooth flounder in the CDQ 
non-specific reserve that could be released to the ``other species'' 
category (248 mt). The sum of these components is 24,761 mt. If 50 
percent (826 mt) of the arrowtooth flounder CDQ reserve is moved to the

[[Page 37175]]

non-specific CDQ reserve and subsequently released to the ``other 
species'' CDQ category, the revised total amount of ``other species'' 
available for harvest in the combined open access and CDQ fisheries 
would increase to 25,339 mt. This is 578 mt more than the currently 
available total ``other species'' amount of 24,761 mt. However, the 
increase in the amount of ``other species'' CDQ available for harvest 
through transfers from the CDQ non-specific reserve is still less than 
the combined CDQ and non-CDQ fisheries 2001 ``other species'' TAC of 
26,500 mt and will not likely result in the total catch of ``other 
species'' exceeding the 2001 ``other species'' TAC. NMFS has determined 
that the TAC, ABC and OFL controls associated with both the ``other 
species'' and arrowtooth flounder species categories are not 
compromised by this action.

Gulf of Alaska

Seasons for Pacific Cod TAC in the GOA

    This emergency interim rule corrects the January 18, 2001, 
emergency interim rule preamble for the opening and closing date of the 
B season Pacific cod fishery by vessels using trawl gear in the Western 
and Central Regulatory Areas of the GOA. The reasons for changing the 
season dates is discussed in detail in Part I of this preamble and in 
the preamble to the amendment to the emergency interim rule published 
June 13, 2001 (66 FR 31845). Under amendments to 
Sec. 679.23(d)(4)(ii)(B) in this emergency interim rule, directed 
fishing for Pacific cod in the B season in the Western and Central 
Regulatory Areas of the GOA by vessels using trawl gear opens at 1200 
hours, A.l.t., September 1, 2001, and closes at 0001 hours, A.l.t., 
November 1, 2001. The B season for non-trawl vessels directed fishing 
for Pacific cod in the GOA is changed to 1200 hours A.l.t. September 1, 
2001, through 2400 hours A.l.t. December 31, 2001, by amending 
Sec. 679.23(d)(4)(i)(B).

Pacific Halibut PSC Seasonal Allocation Reapportionment

    At its April 2001 meeting, the Council recommended changing the GOA 
Pacific cod B season to September 1, without recommending changes to 
the Pacific halibut PSC seasonal allowance. Pacific halibut PSC 
seasonal allowance was still available starting 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 the September 1 
Pacific cod fishery.
    In response to industry concerns, at its June meeting, the Council 
recommended that NMFS close by emergency interim rule directed fishing 
for the shallow-water complex by vessels using trawl gear until July 1 
and to reapportion what remained of the original 150 mt seasonal 
apportionment of the Pacific halibut trawl PSC to the September 1 
through October 1 period instead of during the June 10 through July 1 
period. Trawl gear bycatch of Pacific halibut in the GOA Pacific cod 
fishery is deducted from the Pacific halibut PSC seasonal allowance 
established for the shallow-water complex trawl fishery. Effective June 
27, 2001 (66 FR 34852, July 2, 2001), NMFS prohibited directed fishing 
in the shallow-water complex fishery by vessels using trawl gear in the 
GOA, except for vessels fishing for pollock using pelagic trawl gear in 
those portions of the GOA open to directed fishing for pollock. This 
closure was intended to ensure that remainder of the original June 10 
through July 1 halibut PSC allocation is available for reallocating to 
a September 1 through October 1 season. NMFS has determined that as of 
July 1, 2001, 100 mt remains of the original 150 mt apportionment of 
halibut PSC to trawl vessels targeting the shallow-water complex from 
the June 10 to July 1, 2001 period.
    The text of this emergency interim rule incorporates the Council's 
recommendation to reapportion the remaining 100 mt of the 150 mt 
Pacific halibut PSC allocated June 10 through July 1 to a new September 
1 through October 1 season to provide for the Pacific cod trawl 
fishery. Accordingly, Tables 24 and 25 of the 2001 harvest 
specifications (66 FR 7276, January 22, 2001, amended 66 FR 17087, 
March 29, 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 im mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Trawl gear                                                                Hook-and-line gear
-----------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       DSR
                  Dates                       Amount             Other than DSR       ---------------------------------------------------------------------
                                                                                            Dates                 Amount                 Dates      Amount
-------------------------------------------------------------------------------------------------------------------------------------------------- --------
Jan 1-Apr 1.............................      550  (28%)  Jan 1-May 17...............      205  (70%)  Jan 1-Dec 31...............      10  (100%)
Apr 1-Jul 1.............................      450  (22%)  May 17-Aug 31..............    Any rollover
Jul 1-Oct 1.............................      700  (35%)  Aug 31-Dec 31..............       85  (30%)
Oct 1-Dec 31............................      300  (15%)
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................   2,000  (100%)                                  290  (100%)                                   10  (100%)
--------------------------------------------------------------------------------------------------------------------------------------------------------


    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]
----------------------------------------------------------------------------------------------------------------
                             Season                                Shallow-water    Deep-water         Total
----------------------------------------------------------------------------------------------------------------
Jan. 20-Apr. 1..................................................             450             100             550
Apr. 1-Jul. 1...................................................             150             300             450
Jul. 1-Sep. 1...................................................             200             400             600
Sep. 1-Oct. 1...................................................             100    Any rollover             100
                                                                 -----------------------------------------------

[[Page 37176]]

 
Subtotal--Jan. 20-Oct. 1........................................             900             800           1,700
Oct. 1-Dec. 31..................................................  ..............  ..............             300
                                                                 ===============================================
      Total.....................................................  ..............  ..............          2,000
----------------------------------------------------------------------------------------------------------------
Unused seasonal apportionments of halibut PSC limits specified for trawl gear will be added to the respective
  seasonal apportionment for the next season during a current fishing year. No apportionment between shallow-
  water and deep-water fishery complexes during the October 1 through December 31.

Non-exempt American Fisheries Act (AFA) Catcher Vessel Groundfish 
Harvest

    Non-exempt AFA catcher vessel groundfish harvest in 2001 are shown 
in Table 27 to the preamble in the January 18, 2001, emergency interim 
rule. In this emergency interim rule, NMFS is correcting several 
numerical errors that appeared in the preamble in Table 27 in the 
January 18, 2001, emergency interim rule and is publishing in this 
preamble the amended Table 27. In column 3, Ratio of 1995-1997 non-
exempt AFA CV catch to 1995-1997 TAC, the pollock annual ratio in the 
Southeast Outside District is corrected from 0.3542, to read 0.3642, 
the Pacific cod ratio in the Western GOA for the offshore component 
during the A and B seasons is corrected from 0.1206, to read 0.1026, 
and the Pacific ocean perch ratio in the Eastern GOA is corrected from 
0.0255, to read 0.0225. In column 5, 2001 non-exempt AFA catcher vessel 
sideboard (amounts in mt), the amount for trawl sablefish in the 
Central and Eastern GOA is corrected from 44 and 7, to read 42 and 6, 
respectively, and the amount for ``other rockfish'' in the Central GOA 
is corrected from 3 to 30 mt. These corrected amounts are presented in 
Table 27 listing the final 2001 GOA groundfish harvest limitations 
(sideboards).

    Table 27.--Final 2001 GOA Non-Exempt AFA Catcher Vessel (CV) Groundfish Harvest Limitations (Sideboards)
                                               [Values are in mt]
----------------------------------------------------------------------------------------------------------------
                                                                                                       2001 Non-
                                                                       Ratio of 1995-                    Exempt
                                               Apportionments and         1997 Non-                       AFA
                 Species                  allocations by area/season/   Exempt AFA CV     2001 TAC      catcher
                                                 processor/gear        catch to 1995-                    vessel
                                                                          1997 TAC                     sideboard
----------------------------------------------------------------------------------------------------------------
Pollock.................................  A Season (W/C areas only)..
                                          January 20-March 1.........
                                          Shelikof Strait............          0.1672          12,431  2,075
                                          Shumagin (610).............          0.6238           7,707  4,808
                                          Chirik of (620) (outside             0.1262             560     71
                                           Shelikof).
                                          Kodiak (630) (outside                0.1984           5,474  1,086
                                           Shelikof).
                                          B Season (W/C areas only):.                           6,206  1,038
                                          March 15-May 31............          0.1672           3,854  2,404
                                          Shelikof Strait............          0.6238
                                          Shumagin (610).............                             280     35
                                          Chirikof (620) (outside              0.1262           2,737    543
                                           Shelikof).
                                          Kodiak (630) (outside                0.1984
                                           Shelikof).
                                          C Season (W/C areas only)..                          10,998  6,861
Pacific code............................  A Season (W/C areas January                           6,546    826
                                           1-June 10.
                                          W  inshore.................          0.1310           9,882  1,295
                                          offshore...................          0.1026           1,098    113
                                          C  inshore.................          0.0542          16,335    885
                                          offshore...................          0.0721           1,815    131
                                          B Season (W/C areas only)
                                           Sept. 1-December 31 (non-
                                           trawl); Sept. 1-Nov. 1
                                           (trawl).
                                          W  inshore.................          0.1310           6,588    863
                                          C  inshore.................          0.1026             732     75
                                          offshore...................          0.0721           1,210     87
                                          Annual.....................
                                          E  inshore.................           0.000           3,206      0
                                          offshore...................          0.0078             356      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

[[Page 37177]]

 
                                          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
Arrow-tooth flounder....................  W..........................          0.0047           8,000     38
                                          C..........................          0.0206          25,000    515
                                          E..........................          0.0016           5,000      8
Sable-fish..............................  W  trawl gear..............          0.0023             402      1
                                          C  trawl gear..............          0.0384           1,082     42
                                          E  trawl gear..............          0.0236             271      6
Pacific ocean perch.....................  W..........................          0.0051           1,280      7
                                          C..........................          0.0692           9,610    655
                                          E..........................          0.0225           2,620     59
Short-raker/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     30
                                          E..........................          0.0000             250      0
Northern rockfish.......................  W..........................          0.0005             600      0
                                          C..........................          0.0307           4,280    131
Pelagic shelf rockfish..................  W..........................          0.0004             550      0
                                          C..........................          0.0000           4,480      0
                                          E..........................          0.0066           1,350      9
Thorny-head rockfish....................  W..........................          0.0118             420      5
                                          C..........................          0.0118             970     11
                                          E..........................          0.0118             920     11
Deferral shelf rockfish.................  SEO........................          0.0000             330      0
Atka mackerel...........................  Gulfwide...................          0.0443             600     27
Other species...........................  Gulfwide...................          0.0067          13,619     91
----------------------------------------------------------------------------------------------------------------

Response to Comments
    NMFS received one letter of comment in response to the January 18, 
2001, emergency interim rule (66 FR 7672). The letter indicated concern 
over the economic impact of the Steller sea lion protection measures on 
the freezer longliners fishing for Pacific cod in the BSAI and 
expressed support for NMFS working with the Council in the development 
of Steller sea lion protection measures for 2002.
    Comment 1. The Comprehensive Biological Opinion provides little 
data regarding the decline of the Steller sea lions and the 
relationship to the Pacific cod fisheries. The Comprehensive Biological 
Opinion refers to the hook-and-line method of fishing as conducive to 
minimizing adverse effects on Steller sea lions. In spite of this 
determination, the 2001 protection measures will be economically 
harmful to the freezer longliner fishery and will impose 
disproportionate and adverse impacts on this sector with the 
implementation of closure areas in 2001.
    Response. The Comprehensive Biological Opinion contained the best 
available information at the time the document was prepared on: (1) The 
importance of Pacific cod to the diet of Steller sea lions; and (2) the 
competition between fish and Steller sea lions for prey. NMFS has 
acknowledged that the harvest rates for the Pacific cod hook-and-line 
sector as reported in the Comprehensive Biological Opinion were higher 
than actual rates and that future consultations will use the corrected 
information.
    The Steller sea lion protection measures phased-in for 2001 impose 
some, but not all, of the protection measures specified in the RPA to 
the Comprehensive Biological Opinion to reduce impacts on industry and 
coastal communities while maintaining consistency with the goals of the 
Comprehensive Biological Opinion. As a result, potential impacts in 
2001 on the fishing industry and coastal communities have been reduced 
from what they would have been if the RPA had been fully implemented. 
Further, the freezer longliner fishery for BSAI Pacific cod typically 
is spatially distributed over a wide geographic area so that closure of 
some critical habitat during the second half of 2001 should not impose 
undue hardship.
    For 2002, NMFS has reinitiated consultation on the effects of the 
pollock, Pacific cod, and Atka mackerel fisheries on the threatened and 
endangered populations of the Steller sea lions. The consultation will 
include accurate harvest rates for the Pacific cod hook-and-line 
fishery and other fisheries. Based on the best scientific and 
commercial data available, and with input from the Council and the RPA 
Committee, NMFS will reconsider the potential impact of the hook-and-
line gear fisheries on the Steller sea lions and their critical 
habitat. Based on this consultation, NMFS will implement 2002 
protection measures. However, until that consultation is complete, NMFS 
must take a cautious approach and implement the measures contained in 
this emergency interim rule extension

[[Page 37178]]

and amendments for the second half of 2001.
    Comment 2. Closing portions of the Aleutian Islands to freezer 
hook-and-line vessels will force these vessels into less productive 
fishing grounds already dominated by trawl and pot gear vessels. As a 
result, gear conflicts will increase.
    Response. NMFS agrees that incidences of gear conflicts may 
increase if various gear sectors share fishing areas that have not been 
shared in the past as portions of critical habitat are closed to 
fishing. Some of these areas also may be less productive. Nonetheless, 
the critical habitat closures implemented for the Pacific cod fisheries 
during the second half of 2001 have been modified from those 
established in the Comprehensive Biological Opinion to better 
accommodate historical fishing practices while ensuring minimal 
thresholds established in the Comprehensive Biological Opinion for 
protection of critical habitat and Steller sea lion pups and non-pups 
are met.
    Comment 3. Hook-and-line vessels will have higher halibut bycatch 
outside of closed areas, leading to earlier closure of the fishery.
    Response. NMFS disagrees. A 2000 draft environmental assessment of 
the interaction between the Pacific cod fisheries in the BSAI and GOA 
and Steller sea lions \1\ determined that in 1999, the rate of Pacific 
halibut bycatch was similar inside and outside critical habitat. On 
June 10, 2001, NMFS prohibited directed fishing for Pacific cod by most 
vessels using hook-and-line gear (66 FR 31845, June 13, 2001) to allow 
the Pacific cod hook-and-line seasons to be delayed to August 15 in the 
BSAI and September 1 in the GOA with this emergency interim rule 
amendment. The delay in the season will help reduce the amount of 
halibut bycatch in the summer and will likely allow the Pacific cod 
hook-and-line fishery to have halibut bycatch allocations available for 
the fall fishery that would have otherwise been taken in the summer.
---------------------------------------------------------------------------

    \1\ Draft Environmental Assessment: Interactions Between the 
Pacific Cod Fisheries in the Bering Sea, Aleutian Islands, and the 
Gulf of Alaska and Steller Sea Lions. August 23, 2000. Available 
from NMFS Alaska Region (See ADDRESSES).
---------------------------------------------------------------------------

    Comment 4. If the hook-and-line fleet cannot harvest a large 
portion of the TAC in the early part of the year, the potential exists 
that part of the annual TAC will not be harvested and the CDQ portion 
of the TAC may not be harvested, which is important to Native 
communities.
    Response. The 2001 Steller sea lion protection measures authorized 
up to 60 percent of the non CDQ TAC to be harvested early in the year 
and no limitation was placed on the amount of Pacific cod CDQ that 
could be harvested early in the year. These provisions, as well as the 
delay of the second season start date from June 10 to September 1, are 
intended to increase the opportunity to harvest the Pacific cod CDQ 
reserve and reduce the potential of premature closure of the non CDQ 
hook-and-line gear Pacific cod fishery due to halibut bycatch 
restrictions.
    Comment 5. The Pacific cod freezer hook-and-line fishery will 
experience a disproportionate and adverse impact with the 
implementation of the 40 percent A season and 60 percent B season TAC 
allocation in 2002.
    Response. The 2002 seasonal apportionments of TAC have not been 
established at this time and comments on the 2002 protection measures 
are outside the scope of the subject action that implement protection 
measures for the second half of 2001. NMFS is working with the Council 
to develop Steller sea lion protection measures, including TAC seasonal 
allocations for 2002. The impact of Pacific cod TAC allocations will be 
analyzed in the supplemental environmental impact statement and 
regulatory impact review being prepared for 2002 Steller sea lion 
protection measures. This analysis will be considered by the Council 
and NMFS before 2002 protection measures are implemented.
    Comment 6. Freezer hook-and-line vessels do not create ``holes in 
the prey field''.
    Response. See response to Comment 1. NMFS acknowledges that the 
hook-and-line fishery generally removes fish at rates slower than trawl 
gear. Nonetheless, removal rates by hook-and-line gear are not 
inconsequential and will be reassessed in the SEIS and biological 
opinion being prepared for proposed Steller sea lion protection 
measures in 2002 and beyond.
    Comment 7. Freezer hook-and-line vessels are affected by near shore 
closures.
    Response. NMFS agrees and acknowledges that all groundfish 
fisheries are affected by the 3 nm groundfish fishing closures around 
rookeries and haulouts. See also response to comment 1.
    Comment 8. The freezer longliner sector is committed to pursuing 
conservation measures that are supported by sound science.
    Response. NMFS commends this commitment.
    NMFS received one letter of comment on the March 23, 2001, 
amendments (66 FR 17083, March 29, 2001) to the emergency interim rule 
exempting jig vessel off Alaska and vessels less than 60 ft (18.3 m) 
LOA using pot or hook-and-line gear in the BSAI from certain Steller 
sea lion protection measures. In general, the letter did not support 
the exemptions.
    Comment 1. NMFS must rethink its entire RPA proposal from the 
Comprehensive Biological Opinion.
    Response. NMFS has reinitiated consultation on the 2002 Steller sea 
lion protection measures under development by the Council and the 
proposed action will be analyzed to determine if it avoids jeopardy to 
Steller sea lions and adverse modification to their critical habitat. 
If the 2002 Steller sea lion protection measures are determined to not 
avoid jeopardy for Steller sea lions or result in adverse modification 
of their critical habitat, an RPA will be developed.
    Comment 2. NMFS' action to exempt specified small non-trawl vessels 
from critical habitat closures within 3 nm of Steller sea lion haulouts 
in the BSAI will encourage the use of these areas and further erodes 
the protections afforded to the most vulnerable segments of the sea 
lion populations.
    Response. NMFS agrees that near shore waters will be more 
accessible to small non-trawl gear vessels with the exemptions in the 
amendment to the emergency interim rule. NMFS believes that the 
important aspect of protection for these sites is maintaining prey 
availability for the Steller sea lions. As stated in the justification 
accompanying the amendment, the relatively small harvest of Pacific cod 
and Atka mackerel by the jig gear fleet and other small non-trawl 
vessels in the BSAI during the 2001 phase-in year of the RPA poses 
little concern to Steller sea lions or their critical habitat. In 2000, 
jig gear vessels in the BSAI harvested no Atka mackerel and only 77 mt 
of Pacific cod. For comparison, the BSAI 2001 ABC specifications for 
Atka mackerel and Pacific cod are 69,300 mt and 188,000 mt, 
respectively. In the GOA, jig gear vessels harvested 42 mt of Pacific 
cod during the Federal waters fishery. For comparison, the GOA 2001 ABC 
for Pacific cod is 67,800 mt. The amount of Pacific cod harvested in 
2000 in the BSAI by vessels less than 60 ft (18.8 m) LOA using pot or 
hook-and-line gear was 501 mt, which, by comparison, amounts to only 
0.3 percent of the 2001 Pacific cod ABC (188,000 mt). NMFS did not 
provide relief for small vessels using pot or hook-and-line gear in the 
GOA because the amount of Pacific cod

[[Page 37179]]

harvested by these vessels approached 17 percent of the ABC.
    Comment 3. Haulouts and rookeries are traditionally used by 
generations of sea lions making it important that disturbances in the 
immediate vicinity of these sites is minimized so that sea lions are 
not driven away. Oregon studies of rookeries and urchin fisheries show 
that sea lions were displaced during fishing activities. These 
disturbances with the small non-trawl gear vessel exemptions are also 
likely around haulouts.
    Response. NMFS acknowledges that near shore activity around 
rookeries could disturb Steller sea lions and will maintain the 3 nm 
groundfish fishing closures around all rookeries. It is not known if 
Steller sea lions on haulouts have the same potential for disturbance 
from near shore fishing activity, as seen with Oregon sea lions on 
rookeries and the urchin fishery. NMFS will be reconsidering this issue 
in the biological opinion being prepared for the 2002 protection 
measures.
    Comment 4. Young-of-the-year Steller sea lions may be in near shore 
waters around haulouts while their mothers are foraging, and fishing 
activities may have an adverse effect on these animals.
    Response. NMFS agrees that small fishing vessels within 3 nm may 
interact with Steller sea lions. The specific effect on young-of-the-
year animals is not known. However, NMFS determined that the relatively 
small number of vessels and harvest levels resulting from the exemption 
likely would not pose irreversible harm to Steller sea lions or their 
critical habitat during the 2001 phase-in year of the RPA.
    Comment 5. Near shore habitat (3 nm or less) around rookeries and 
haulouts should remain off-limits to all fishing.
    Response. See response to comment 3.

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 BSAI and 
GOA. The Regional Administrator also has determined that this emergency 
interim rule is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This action has been determined to be significant for purposes of 
Executive Order 12866 and a regulatory impact review was prepared. 
Consistent with the National Environmental Policy Act, an environmental 
assessment was prepared for this action. This rule contains no 
reporting, recordkeeping, or compliance requirements, and no relevant 
Federal rules exist that may duplicate, overlap, or conflict with this 
action.
    This amended emergency interim rule is consistent with the 
objectives for Steller sea lion protection measures implemented in 2001 
under section 209(c)(6) of Pub. L. No. 106-554, the ESA, and other 
applicable law. This action also will minimize bycatch rates of salmon 
and Pacific halibut in the pollock and Pacific cod fisheries while 
providing for continued temporal and spatial distribution of the 
pollock and Pacific cod fisheries. As such, the opportunity for harvest 
of pollock and Pacific cod will be optimized under prohibited species 
catch restrictions and the desire to avoid high bycatch rates of chum 
salmon in the Bering Sea and GOA groundfish fisheries. The extension 
and amendments to the emergency interim rule must be in place by July 
18, 2001, to allow the continued management of the 2001 groundfish 
fisheries with Steller sea lion protection measures. Thus, this action 
must be implemented as soon as practical and in a manner that makes it 
impracticable to provide prior notice and an opportunity for public 
comment. Therefore, good cause exists to waive those requirements 
pursuant to 5 U.S.C. 553(b)(3). For the same reason, good cause exists 
to waive the 30-day delay in effective date. Accordingly, under 5 
U.S.C. 553(d)(3), a delay in the effective date is hereby waived. 
Because 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 not applicable. Therefore, no regulatory 
flexibility analysis has been prepared.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: July 12, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

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

    1. The effective date period for the amendments to the following 
sections, published January 22, 2001, at 66 FR 7276, is extended 
through December 31, 2001:

Sections

679.2
679.5(f)(4)
679.7(a)(17)
679.7(j)
679.20(a)(5)(i)(B)(1) and (a)(5)(ii)(C)
679.20(c)(2)(iii)
679.22(a)(12)(iii)(B), (C), and (D)
679.23(d)(3)
679.23(e)(4)(iv) and (e)(4)(v)
679.23(e)(5) and (e)(6)(ii)
679.23 (i)


    2. The suspension date period for the amendments to the following 
sections, published January 22, 2001, at 66 FR 7276, is extended 
through December 31, 2001:

Sections

679.7(a)(11) and (b)
679.20(a)(5)(i)(A) and (a)(5)(ii)(B)
679.20(c)(2)(ii)
679.22(a)(7) and (a)(8)
679.22(b)(2)
679.23(d)(2)
679.23(e)(2) and (e)(4)(iii)


    2a. The suspension date period for Sec. 679.23(e)(6)(i), published 
March 29, 2001, at 66 FR 17087, is extended through December 31, 2001.

    3. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Title II of Division C, Pub. L. 10-277; Sec. 3027, Pub. L. 106-31; 
113 Stat. 57; 16 U.S.C. 1540(f); and Sec. 209, Pub. L. 106-554.

    4. In Sec. 679.20, paragraph (a)(7)(i)(C)(2) is suspended and 
paragraphs (a)(5)(i)(C), (a)(7)(i)(C)(4), and (c)(7) are added to read 
as follows:


Sec. 679.20  General limitations.

    (a) * * *
    (5) * * *
    (i) * * *
    (C) AFA allocations (applicable through December 31, 2001). 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, 
the Regional Administrator may issue inseason notification in the 
Federal Register that reallocates pollock to or from the directed 
pollock fisheries to or from the incidental catch allowance according 
to the proportions established under Sec. 679.20(a)(5)(i)(C)(2).
    (2) Directed fishing allocations. The remaining pollock TAC 
apportioned to each BSAI subarea or district will be allocated for 
directed fishing as follows:

[[Page 37180]]

    (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)(C)(2). The excessive share 
limit will be published in the proposed, interim, and final 
specifications.
* * * * *
    (7) * * *
    (i) * * *
    (C) * * *
    (4) (Applicable through December 31, 2001). Harvest of Pacific cod 
made by catcher vessels less than 60 ft (18.3 m) LOA using pot gear:
    (i) Will accrue against the 18.3 percent specified in paragraph 
(a)(7)(i)(C)(1)(iii) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is 
open.
    (ii) Will accrue against the 1.4 percent specified in paragraph 
(a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is 
closed.
* * * * *
    (c) * * *
    (7) BSAI and Western and Central GOA Pacific cod season allocations 
(applicable through December 31, 2001). (i) The annual TAC of Pacific 
cod in the BSAI and the Western and Central GOA will be divided, after 
the subtraction of any reserves and incidental catch between the A 
Season and B Season as provided in Secs. 679.23(d)(4) and (e)(6).
    (ii) Each season apportionment will be allocated among the various 
sectors as provided in Secs. 679.20(a)(6)(iii) and (a)(7).
    (iii) Any overage or underage of Pacific cod harvest from the A 
season may be subtracted from or added to the subsequent B season.
* * * * *

    5. In Sec. 679.22, paragraph (a)(5)(i) is suspended and paragraphs 
(a)(5)(iv), (a)(11), (a)(12)(i), (a)(12)(ii), (a)(12)(iii)(A), 
(a)(12)(iv) through (viii), (a)(13), (b)(3), (b)(6), and (b)(7) are 
added to read as follows:


Sec. 679.22  Closures.

* * * * *
    (a) * * *
    (5) * * *
    (iv) AFA catcher/processor restrictions (applicable through 
December 31, 2001). A catcher/processor or vessel authorized to fish 
for BSAI pollock under Sec. 679.4(l)(2) is prohibited from conducting 
directed fishing for pollock in the CVOA during the C/D pollock season 
defined at Sec. 679.23(e)(5)(i)(B).
* * * * *
    (11) Steller sea lion protection measures--Bering Sea subarea and 
Bogoslof Foraging Area (applicable through December 31, 2001)--(i) 
Bogoslof Foraging Area--(A) Boundaries. The Bogoslof Foraging area 
consists of all waters of Area 518 as described in Figure 1 of this 
part south of a straight line connecting 55 deg.00' N/170 deg.00' W, 
and 55 deg.00' N/168 deg.11'4.75" W;
    (B) Fishing prohibition. All waters within the Bogoslof Foraging 
area are closed to directed fishing for pollock, Pacific cod, and Atka 
mackerel.
    (ii) Directed fishing for groundfish by federally permitted vessels 
is prohibited within 3 nm of selected sites. These sites are listed on 
Table 21 of this part and are identifiable by ``Bering Sea'' in column 
2.
    (iii) Directed fishing for Pacific cod is prohibited within the 
Pacific cod no fishing zones around selected sites. These sites are 
listed in Table 23 of this part and are identifiable by ``Bering Sea'' 
in column 2 and either ``20'' or ``10'' in column 7.
    (iv) Directed fishing for pollock is prohibited within pollock no 
fishing zones around selected sites. These sites are listed in Table 22 
of this part and are identifiable by ``Bering Sea'' in column 2 and 
either ``20'' or ``10'' in column 7.
    (v) Directed fishing for Atka mackerel is prohibited within Atka 
mackerel no fishing zones around selected sites. These sites are listed 
in Table 24 of this part and are identifiable by ``Bering Sea'' in 
column 2 and either ``20'' or ``10'' in column 7.
    (12) Steller sea lion protection measures--Aleutian Islands Subarea 
(applicable through December 31, 2001)--(i) Pollock closure. Directed 
fishing for pollock within the Aleutian Islands subarea is prohibited 
at all times.
    (ii) Seguam foraging area. (A) The Seguam foraging area is 
established as all waters within the area between 52 deg. N lat. and 
53 deg. N lat. and between 173 deg.30' W long. and 172 deg.30' W.
    (B) Directed fishing for Pacific cod and Atka mackerel is 
prohibited in the Seguam Foraging area as described in paragraph 
(a)(12)(ii)(A) of this section.
    (iii) Western and Central Aleutian Islands closures. (A) General. 
Trawling is prohibited within 20 nm of selected rookery and haulout 
sites in the Aleutian Islands subarea when the Regional Administrator 
announces by notification in the Federal Register that the criteria for 
a trawl closure in a district set out in paragraph (a)(12)(iii)(B) of 
this section have been met. These sites are listed in Table 21 of this 
part and are identifiable by ``Aleutian Islands'' in column 2 and by 
coordinates west of 177 deg. W long. and east of 177 deg. E long. for 
the Central area (542), and west of 177 deg. E long. for the Western 
area (543) in column 4. Rat Island/Krysi Point and Amchitka Island/Cape 
Ivakin are excluded from the trawling prohibition described in this 
paragraph.
* * * * *
    (iv) Directed fishing for groundfish by federally permitted vessels 
is prohibited within 3 nm of selected sites. These sites are listed in 
Table 21 of this part and are identifiable by ``Aleutian Islands'' in 
column 2.
    (v) Directed fishing for Pacific cod by all gear types is 
prohibited within the Pacific cod no fishing zones around selected 
sites. These sites are listed in Table 23 of this part and are 
identifiable by ``Aleutian Islands'' in column 2 and either ``20'' or 
``10'' in column 7.
    (vi) Directed fishing for Pacific cod by trawl gear is prohibited 
within the trawl Pacific cod no fishing zones around selected sites. 
These sites are listed in Table 23 of this part and are identifiable by 
``Aleutian Islands'' in column 2 and ``20'' in column 8.
    (vii) Directed fishing for Pacific cod by non-trawl gear is 
prohibited within the non-trawl gear Pacific cod no fishing

[[Page 37181]]

zones around selected sites. These sites are listed in Table 23 of this 
part and are identifiable by ``Aleutian Islands'' in column 2 and ``3'' 
in column 9.
    (viii) Directed fishing for Atka mackerel is prohibited within Atka 
mackerel no fishing zones around selected sites. These sites are listed 
in Table 24 of this part and are identifiable by ``Aleutian Islands'' 
in column 2 and either ``20'' or ``10'' in column 7.
    (13) Fishing Prohibition Exemptions (applicable through December 
31, 2001). The following vessels are exempt from fishing prohibitions 
described in this section.
    (i) For federally permitted vessels directed fishing for 
groundfish:
    (A) All jig vessels are exempt from 3 nm closures around selected 
sites. These sites are listed in Table 21 and identifiable by a 
``Bering Sea'' or ``Aleutian Islands'' in column 2 and ``Y'' in column 
10.
    (B) All vessels less than 60 ft (18.3 m) LOA using non-trawl gear 
are exempt from the 3 nm fishing closure around selected sites. These 
sites are listed in Table 21 and identifiable by a ``Bering Sea'' or 
``Aleutian Islands'' in column 2 and a ``Y'' in column 9.
    (ii) For vessels directed fishing for Atka mackerel:
    (A) All vessels using jig gear and vessels less than 60 ft (18.3 m) 
LOA using non-trawl gear are exempt from the fishing prohibitions of 
paragraphs (a)(11)(i)(B) and (a)(12)(ii)(B) of this section and from 
Atka mackerel no fishing zones for all sites listed in Table 24 of this 
part.
    (B) All pot vessels are exempt from the Atka mackerel no fishing 
zones for selected sites. These sites are listed in Table 24 of this 
part and identifiable by a ``Bering Sea'' in column 2 and a ``Y'' in 
column 8.
    (iii) For vessels directed fishing for Pacific cod:
    (A) All vessels using jig gear are exempt from the fishing 
prohibitions of paragraphs (a)(11)(i)(B) and (a)(12)(ii)(B) of this 
section and from Pacific cod no fishing zones for selected sites. These 
sites are listed in Table 23 of this part and identifiable by a 
``Bering Sea'' or ``Aleutian Islands'' in column 2.
    (B) All vessels less than 60 ft (18.3 m) LOA using non-trawl gear 
are exempt from the fishing prohibitions of paragraphs (a)(11)(i)(B) 
and (a)(12)(ii)(B) of this section and from Pacific cod no fishing 
zones for selected sites. These sites are listed in Table 23 of this 
part and identifiable by a ``Bering Sea'' or ``Aleutian Islands'' in 
column 2.
    (C) All pot vessels are exempt from Pacific cod no fishing zones 
for selected sites. These sites are listed in Table 23 of this part and 
identifiable by a ``Bering Sea'' in column 2 and a ``Y'' in column 11.
    (iv) All vessels less than 60 ft (18.3 m) LOA using non-trawl gear 
in directed fishing for pollock are exempt from the fishing 
prohibitions of paragraphs (a)(11)(i)(B) and (a)(12)(ii)(B) of this 
section and from pollock no fishing zones for selected sites. These 
sites are listed in Table 22 of this part and identifiable by a 
``Bering Sea'' in column 2 and a ``Y'' in column 8.
* * * * *
    (b) * * *
    (3) Steller sea lion protection measures (applicable through 
December 31, 2001)--(i) Shelikof Strait Conservation Area--(A) 
Boundaries. The Shelikof Strait conservation area consists of the area 
bound by straight lines and shoreline connecting the following 
coordinates in the following order:


58 deg.51' N lat. 153 deg.15' W long.

58 deg.51' N lat. 152 deg.00' W long.


and the intersection of the 152 deg.00' W long. with Afognak Island; 
aligned counterclockwise around the shoreline of Afognak, Kodiak, and 
Raspberry Islands to:

57 deg.00' N lat. 154 deg.00' W long.
56 deg.30' N lat. 154 deg.00' W long.
56 deg.30' N lat. 155 deg.00' W long.
56 deg.00' N lat. 155 deg.00' W long.
56 deg.00' N lat. 157 deg.00' W long.


and the intersection of 157 deg.00' W long. with the Alaska Peninsula.

    (B) Directed fishing for pollock, Pacific cod, and Atka mackerel is 
prohibited in all waters of the Shelikof Strait conservation area that 
lie east of Kodiak Island to the east of 154 deg. W long.
    (ii) Directed fishing for groundfish by federally permitted vessels 
is prohibited within 3 nm of selected sites. These sites are listed in 
Table 21 of this part and are identifiable by ``Gulf of Alaska'' in 
column 2.
    (iii) Directed fishing for Pacific cod is prohibited within Pacific 
cod no fishing zones around selected sites. These sites are listed in 
Table 23 of this part and are identifiable by ``Gulf of Alaska'' in 
column 2 and either ``20'' or ``10'' in column 7.
    (iv) Directed fishing for pollock is prohibited within pollock no 
fishing zones around selected sites. These sites are listed in Table 22 
of this part and are identifiable by ``Gulf of Alaska'' in column 2 and 
either ``20'' or ``10'' in column 7.
* * * * *
    (6) Chiniak Gully Research Area (applicable through December 31, 
2001)--(i) Description of Chiniak Gully Research Area. The Chiniak 
Gully Research Area is defined as that part of statistical Area 630 
bounded by straight lines connecting the coordinates in the order 
listed:

57.81 deg. N lat., 152.37 deg. W long.;
57.81 deg. N lat., 151.85 deg. W long.;
57.22 deg. N lat., 150.64 deg. W long.;
56.98 deg. N lat., 151.27 deg. W long.;
57.62 deg. N lat., 152.16 deg. W long.; and hence counterclockwise 
along the shoreline of Kodiak Island to 57.81 deg. N lat., 152.37 deg. 
W long.

    (ii) Closure. (A) The Chiniak Gully Research Area is closed to 
vessels using trawl gear from August 1 to a date no later than 
September 20, except that trawl gear may be tested in the manner 
described at Sec. 679.24(d)(2) in the Kodiak Test Area defined at 
Sec. 679.24(d)(4)(i) and illustrated in Figure 7 to this part.
    (B) Prior to September 20, the Regional Administrator may publish 
notification in the Federal Register rescinding the trawl closure in 
the Chiniak Gully Research Area described in paragraph (b)(6)(ii)(A) of 
this section.
    (7) Fishing Prohibition Exemptions (applicable through December 31, 
2001). The following vessels are exempt from fishing prohibitions 
described in this section.
    (i) All jig vessels directed fishing for groundfish are exempt from 
3 nm closures around selected sites. These sites are listed in Table 21 
of this part and identifiable by a ``Gulf of Alaska'' in column 2 and a 
``Y'' in column 10.
    (ii) For vessels directed fishing for Pacific cod:
    (A) All vessels using jig gear are exempt from the fishing 
prohibitions of paragraph (b)(3)(i)(B) of this section and from Pacific 
cod no fishing zones for selected sites. These sites are listed in 
Table 23 of this part and identifiable by a ``Gulf of Alaska'' in 
column 2.
    (B) All vessels less than 60 ft (18.3 m) LOA using non-trawl gear 
are exempt from the fishing prohibitions of paragraph (b)(3)(i)(B) of 
this section and from Pacific cod no fishing zones for selected sites. 
These sites are listed in Table 23 of this part and identifiable by a 
``Gulf of Alaska'' in column 2 and a ``Y'' in column 10.
    (iii) All vessels less than 60 ft (18.3 m) LOA using non-trawl gear 
in directed fishing for pollock are exempt from the fishing 
prohibitions of paragraph (b)(3)(i)(B) of this section and from pollock 
no fishing zones for selected sites. These sites are listed in Table 22 
of this part and identifiable by a ``Gulf of Alaska'' in column 2 and a 
``Y'' in column 8.
* * * * *

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    6. In Sec. 679.23, paragraphs (d)(4) and (e)(6)(iii) are added to 
read as follows:


Sec. 679.23  Seasons.

    (d) * * *
    (4) Directed fishing for Pacific cod (applicable through December 
31, 2001)--(i) Non-trawl gear. Subject to other provisions of this 
part, directed fishing for Pacific cod with non-trawl gear in the 
Western and Central Regulatory Areas is authorized only during the 
following two seasons:
    (A) A season. From 0001 hours, A.l.t., January 1, through 1200 
hours, A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1, through 2400 
hours A.l.t., December 31.
    (ii) Trawl gear. Subject to other provisions of this part, directed 
fishing for Pacific cod with trawl gear in the Western and Central 
Regulatory Areas is authorized only during the following two seasons:
    (A) A season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1, through 0001 
hours A.l.t., November 1.
* * * * *
    (e) * * *
    (6) * * *
    (iii) Non-trawl gear (applicable through December 31, 2001). Except 
for vessels using jig gear and for vessels less than 60 ft (18.3 m) LOA 
using pot and hook-and-line gear, subject to other provisions of this 
part, directed fishing for Pacific cod with non-trawl gear in the BSAI 
is authorized only during the following two seasons:
    (A) A season. From 0001 hours A.l.t., January 1, through 1200 hours 
A.l.t., June 10; and
    (B) B season. (1) For vessels equal to or greater than 60 ft (18.3 
m) LOA using hook-and-line gear, from 1200 hours A.l.t., August 15, 
through 2400 hours A.l.t., December 31.
    (2) For vessels equal to or greater than 60 ft (18.3 m) LOA using 
pot gear, from 1200 hours A.l.t., September 1, through 2400 hours 
A.l.t., December 31.
* * * * *

    7. In Sec. 679.31, paragraph (f) is suspended and paragraph (g) is 
added to read as follows:


Sec. 679.31  CDQ reserves.

* * * * *
    (g) Non-specific CDQ reserve (applicable through December 31, 
2001). Annually, NMFS will apportion 50 percent of the arrowtooth 
flounder CDQ and 15 percent of the ``other species'' CDQ for each CDQ 
group to a non-specific CDQ reserve. A CDQ group's non-specific CDQ 
reserve must be for the exclusive use of that CDQ group. A release from 
the non-specific reserve to the CDQ group's arrowtooth flounder or 
``other species'' CDQ is a technical amendment to a community 
development plan as described in Sec. 679.30(g)(5). The technical 
amendment must be approved before harvests relying on CDQ transferred 
from the non-specific CDQ reserve may be conducted.

    8. Tables 21, 22, 23, and 24 to part 679 are added to read as 
follows:
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[FR Doc. 01-17850 Filed 7-16-01; 8:45 am]
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